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In Brief Issue #1094
17Mar
I hope you had a relaxing Labour Day public holiday on Monday, and that you enjoyed the slightly shorter working week.
On Monday afternoon, I met (electronically) with Professor Matthew Harding, Dean of Melbourne Law School (MLS). We spoke about current projects between the Bar and MLS, and some potential ways they could be expanded. Matthew also reminded me about an excellent online resource that the Honourable Chris Maxwell AC talked to me about late last year. On its website, the Judicial College of Victoria has a curated selection of research summaries of recently published academic articles of interest to practising lawyers. The resource aims to foster greater engagement between the judiciary, the academy, and the legal profession. The relevant page on the College’s website can be found here. My thanks to Chris and Matthew for telling me about it.
After our weekly Bar Council Executive meeting on Wednesday morning, I met Amy Kendall, who has come onboard as our Senior Executive Assistant. Amy will support the President and the Executive Director, as well as the Bar Council more generally. Amy has a wealth of experience supporting executives at a senior level, most recently at the Epworth Hospital. Welcome, Amy, and my thanks to Miranda Tulloch, Corporate Services Manager, for helping us out with executive support since Denise Bennett finished up in February.
Also on Wednesday, I attended a meeting of the Peter O’Callaghan QC Gallery Foundation, which is chaired in inimitable style by Philip Solomon KC. It’s a busy time for the Gallery with several projects currently underway. Our Gallery plays a critical role in preserving and celebrating the Bar’s history and representing our membership to the profession and the public more generally.
Yesterday, along with Bar Executive Director Amanda Utt, I met with Julian Leeser MP, the Commonwealth Shadow Attorney General and Shadow Minister for Indigenous Australians. It was a very useful meeting during which we discussed a number of current issues that are coming up before the Federal Parliament. We agreed to stay in touch.
This morning I attended an interactive panel discussion sponsored by Brave Legal, Victorian Women Lawyers and the College of Law. It was all about managing and preventing vicarious trauma in the law. It’s a topic I’m hearing more and more about, and I think it’s one worth discussing. As barristers, we are often placed in circumstances where trauma abounds. Over time, that can take a toll.
Next Tuesday, I’ll be attending the 2023 Victorian Bar Pro Bono Awards Ceremony. The event is an important one, and I’m looking forward to it. Good luck to all the nominees.
While on the topic of pro bono work, the Bar recently welcomed a new team member. Lisa Paykel has been appointed to a newly formed role – Pro Bono Program Manager. The position is funded by the Legal Services Board in recognition of the Bar’s considerable contribution to the community to pro bono work. Lisa’s focus will be on developing relationships with our pro bono partners: the courts, Justice Connect, Disaster Legal Help Victoria and other key external stakeholders. Lisa will help manage this increasingly complex and significant area. We are really pleased to have Lisa’s help and very grateful to the Board for funding the position.
You may have noticed in various elevators some promotional flyers about the forthcoming Iftar Dinner. It’s a very worthwhile event held annually by the Victorian Bar in conjunction with the Australian Intercultural Society, which sees members from across Melbourne's diverse community gather to share a meal and conversations. This year barrister Yusur Al-Azzawi will be in conversation with author and CEO of Long Street Advisors, Mohammad Chowdhury, discussing Mohammad's new book ‘Border Crossings’, and his insights about life and faith as a Muslim in contemporary society. I’ll be there; please come along if you can. RSVP is essential and you can register here.
Georgina Schoff KC, along with members of the Indigenous Justice Committee and Bar office, recently attended an event at the Federal Court with the participants in the annual Indigenous Clerkship Program. Each year, the Victorian Bar conducts this program for Indigenous law students, with six students selected to receive four weeks’ paid work experience at the Bar, the Supreme Court of Victoria, the Federal Court of Australia, and the County Court of Victoria. If you know an eligible candidate who would like to apply, please forward them this link.
Enjoy the weekend; the first of the footy season.
Sam Hay KC
The VicBar CPD Commtttee would like to remind members that the last day to complete your CPD requirements is Friday, 31 March 2023.
If you haven’t completed your requirements yet, don’t worry — log in to the VicBar website and there is an extensive list of recordings available for viewing on our CPD catalogue.
If you have extenuating circumstances and are unable to complete in time, please ensure you notify the CPD Committee ASAP by email education@vicbar.com.au.
When considering the forum to be used by your clients to resolve commercial disputes, members should consider the Bar’s commercial arbitration scheme, VCAS.
VCAS consists of a panel of commercial barristers qualified in arbitration, including 13 silks, who are available to be appointed as arbitrators under the scheme to resolve disputes quickly, affordably and (typically) confidentially under the VCAS’ rules.
Most commercial disputes can be referred to VCAS by agreement of the parties, who are also free to appoint the arbitrator of their choice or to have one appointed by the Bar’s President from the panel at no cost.
Matters having already commenced in a court or VCAT can also be referred to VCAS by consent. The County Court has recently entered into a memorandum of understanding with the Bar to facilitate the referral of that Court’s commercial matters to arbitration (click here to view more information on that Court’s referral scheme).
VCAS arbitrators are subject to capped fees and agree to resolve most matters within 90 to 100 days of their appointment. Parties may also agree to have smaller or more discrete disputes resolved on the papers.
For more information about VCAS click here.
For more information about becoming a VCAS panel member, click here.
The Victorian Bar and the Australian Intercultural Society invite you to the 2023 Iftar Dinner on Wednesday, 29 March 2023. This is an opportunity for all members of the profession to come together to share a meal and learn about the meaning and importance of Ramadan to the Muslim community.
Join us in conversation with barrister Yusur Al-Azzawi and author and CEO of Long Street Advisors, Mohammad Chowdhury. They will be discussing Mohammad's new book ‘Border Crossings’, and his insights into life and faith as a Muslim in contemporary society.
The dinner will be held in the Neil McPhee Room. Tickets are $60 per person and include a two-course meal.
Please RSVP by Wednesday, 2023 here.
The varied stresses and pressures associated with work at the Bar can often lead to feelings of unease, stress and anxiety. If as a member you continue to experience any kind of professional, financial, or personal stress, it’s important to remember that maintaining good mental health is a vital part of your professional life.
You can always make the most of the resources and services that the Bar offers to members and their families.
Resources
Please visit the Bar's health and wellbeing portal for helpful information, resources, and coping strategies for issues relevant to members.
Counselling
The Bar provides five free, entirely confidential counselling sessions to all barristers and their immediate families. The services are available 24 hours a day, seven days a week. There are two alternatives on this front:
- The team at Re-Vision Group have multiple years’ experience dealing with Bar members, and their issues and concerns. Call 03 9650 5540.
- Converge International is another independent crisis and counselling service delivered by qualified psychologists and counsellors. Call 1300 687 327.
Who would you like to see occupy the three available BCL ground floor vacancies at Owen Dixon Chambers East, Owen Dixon Chambers West and Douglas Menzies? To provide your valuable feedback, please click here to complete a short survey.
Why Take Chambers with BCL? As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution of chamber and technology support only available to members of the Bar. Click here view our current vacancies.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- Indictable crime in the Children's Court is on 22 March 2023 from 5:00pm-6:00pm. In this seminar, you will learn from experienced advocates about when indictable matters may be uplifted from the Children's Court to higher jurisdictions, what considerations apply to summary jurisdiction applications and what principles apply to children being sentenced in the County or Supreme Courts. This is an online-only event. Click here to RSVP.
- Mediators Discussion Group is on 27 March 2023 from 1:00pm-2:00pm. This seminar is an opportunity for anyone to raise any topics for discussion arising from a mediation they conducted, or a continuing issue they face in, or anything else they wish to have some peer discussion and input on their mediation. It can draw on experience as a mediator or as counsel for party at mediation and is an important part of a reflective practice. This is an online-only event for barristers. Click here to RSVP.
- How can I prepare a great Affidavit? is on 30 March 2023 from 5:15pm-6:15pm. This seminar is a deep dive into the key elements of affidavit drafting and tips on how to create a document that promotes and enhances your client’s case. This is an online-only event. Click here to RSVP.
- Mediating and negotiating in Testator’s Family Maintenance (TFM) Disputes in the County Court of Victoria is on 3 April 2023 from 5:15pm-6:15pm. In this seminar, barristers Eleanor Coates and Samantha Cipriano draw on their experience as mediators and barristers to present some practical tips in preparing for mediation (as counsel as mediator) and resolving TFM Disputes. This is an online-only event for barristers. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
Lyrical Lunchtimes is returning in 2023. Law Library Victoria and BottledSnail Productions present a series of lunchtime concerts designed to provide an opportunity to relax and reflect in the beautiful surrounds of the Supreme Court Library. The first concert will be held on 30 March, 1:15pm-2:00pm.
BottledSnail Productions is a not-for-profit organisation that exists to give Melbourne lawyers a creative outlet. Cast, crew and committee members are almost exclusively drawn from Melbourne's legal profession.
For more information and the register click here.
QT Melbourne is offering Bar members a 10% discount off their best available rate.
To access your special rates view the instructions on the Member Benefits Page.
Melbourne International Comedy Festival favourites are back in town with a FREE sample of the festival shows from this and last year.
With over two hours of great stand-up comedy to enjoy, this will be a night where you are guaranteed the best medicine: plenty of laughter!
When: Tuesday, 28 March, Wednesday, 29 March, Thursday, 30 March, or Friday, 31 March.
Doors open: 6:30pm
Show starts: 8:00pm (runs for 2+ hours)
Cost: FREE (for the show, normally $35pp)
Where: The Comics Lounge – 26 Errol St, North Melbourne
Line ups & dining menu: www.thecomicslounge.com.au
To book: email laughs@thecomicslounge.com.au with your name, number of tickets and which show you would like; your confirmation email will be sent to the booking office.
Dear Essoign Members,
We have a new Catering and Events Package for 2023.
For all occasions including:
Breakfasts
Cocktail Parties
Dinners
Platters for:
Lunches
Morning & Afternoon tea
Or something special you may have in mind.
See Catering and Events Pack here.
Email us at essoign@vicbar.com.au
Victorian Bar members are encouraged to use the Member Benefits online portal, where you can access a wide variety of discounts, special offers, and member-only deals as part of your Bar membership.
The exclusive benefits are available Australia-wide and are not generally open to the public.
To activate your account and access the benefits, please click here. You must log in using your vicbar.com.au login details.
Click here for the monthly Best Buys!
Click here for a special offer from Goodlife Health Clubs.
Click here to sign up for The Good Guys Commercial pricing discounts.
Click here for a special offer from EG Ampol Fuel.
Log in to the Digital Library to access key legal content no matter where you are. An essential resource is The Laws of Australia from Thomson Reuters:
- Complete library of legal principles covering over 330 topics in detail
- Quickly acquaint yourself with unfamiliar areas of law
Areas of law include:
- Administrative Law
- Civil Procedure
- Criminal Procedure
- Criminal Sentencing
- Family Law
- Professional Liability
- Wills and Estate Administration
To access Laws of Australia and other expert commentary in the Digital Library, register and log in to the Law Library website.
The Royal Historical Society of Victoria has three forthcoming lectures that may be of interest to Vic Bar members.
Lecture 1
Flos Greig, Australia’s First Woman Lawyer.
Iola Matthews
When Grata Flos Matilda Greig walked into her first law school class at the University of Melbourne in 1897, it wasn’t legal for women to become lawyers. But though the legal system did not even recognise her as a person, she won the right to practice and helped thousands of other women access justice. In defying the law, Greig literally changed its face.
This event will both be in person at the RHSV Gallery Downstairs and on Zoom.
Tuesday, 21 March, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Lecture 2
Law and Order Under La Trobe: The First Prisons of Port Phillip
Dr Ashleigh Green
The Royal Historical Society of Victoria, in partnership with the C J La Trobe Society, presents the annual A. G. L. Shaw Lecture, delivered by Dr Ashleigh Green, the current La Trobe Society Fellow at the State Library of Victoria.
Dr Green’s fellowship topic is very interesting and, until her current work, little researched. Dr Green has investigated the planning and construction of the first purpose-built penal and psychiatric institutions in the Port Phillip District and Colony of Victoria during the La Trobe administration (1839-1854). Her project provides an in-depth history of the construction and early administration of four of these key institutions, and how they set the precedent for the design and construction of gaols, prisons, and asylums in the colony that came after.
This event is an in-person event.
Tuesday, April 18, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria Gallery downstairs.
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Lecture 3
Lessons from History: Colonial Foundations of Criminal Justice in Victoria
The Hon Chris Maxwell AC will deliver the Society’s inaugural Paul Mullaly History and Law Lecture during Law Week 2023.
This lecture will explore the value of legal history, both as a window into social and political history and as an aid to understanding the present state of the law. By way of illustration, the lecture will highlight key aspects of criminal justice in colonial Victoria: jury trials; the role of the trial judge; and early ideas about proof and punishment; drawing on Paul Mullaly’s foundational work Crime in the Port Phillip District 1835-51.
This event will both be in person at the RHSV Gallery Downstairs, and on Zoom.
Tuesday, May 16, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria,
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
Respect @ work: How to be strategic and meet compliance
with Shirli Kirschner and David Bryson
At the core of the change in the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 is the obligation imposed on the employer or a person conducting a business or undertaking in ensuring their workplaces are free of sexual harassment. This is an opportunity to promote a positive workplace culture.
Session Two: For dispute resolution practitioners
22 March 2023 | Online | Register here
Where do the opportunities lie for dispute resolution practitioners including trainers, mediators and investigators and how can you access these opportunities?
- Overview of the changes and obligations
- What are the opportunities for mediators, investigators and trainers
- Steps for moving forward — an action plan
Wednesday, 22 March 2023
8:00am-10:00am
Live streamed to the profession.
The profession and our community are faced with deep challenges and great opportunities. The economic environment into which we emerged from the pandemic is unpredictable, with rising interest rates, a tight labour market, and an unstable international situation. Significant issues face the justice sector – court backlogs, legal assistance funding, and the pressing need for law reform. And our community will be faced with some big questions in 2023, like Indigenous recognition, combatting climate change, and managing the increasing cost of living.
Hear from the Attorney-General, Jaclyn Symes MP, the Chief Justice of Victoria, the Hon. Anne Ferguson and the Victorian Legal Services Board CEO and Commissioner, Fiona McLeay, followed by a panel discussion with representatives from across the legal profession to discuss the Big Issues affecting the profession, access to and the administration of justice.
Register online for free here.
We are pleased to announce the launch of our Psychosocial Risk Webinar Series for 2023.
The series will provide practical information and resources to assist with your organisation’s psychosocial risk management.
Our subject matter experts will also discuss real-life examples regarding how they supported workplaces with psychological risk assessments and showcase findings and lessons learned.
Due to imminent changes in regulations for QLD and Federal Government agencies, the first session will specifically focus on these two jurisdictions. The second session will explore the current state of psychosocial risk nationally, before a session focusing on the changes in Victoria, once announced:
- Session 1: Queensland and Federal Government In-focus (23 March 1:00pm-1:45pm AEDT)
- Session 2: A National Perspective (13 April 12:00pm-12:45pm AEDT)
- Session 3: Victoria In-focus (TBA)
For more information and to register for Session 1 click here.
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section invites you to attend a seminar on Commentary on Med-Arb & Hybrid ADR processes held by the Alternative Dispute Resolution Committee. The event will be chaired by Mary Walker OAM, Barrister, 9 Wentworth Chambers, Sydney NSW. Registrations are now open and close 5:00pm, 19 March 2023.
Please click here for more information and to register.
The Australasian College of Legal Medicine warmly invites you to attend the 2023 Annual Scientific Meeting & Awards Dinner
'Law & Regulation of Healthcare'
25 & 26 March 2023 - Hobart, Australia & Online
(Hybrid Event - Live-streamed & Recorded)
Proudly delivered in association with the
American College of Legal Medicine
Click here to register to attend
PROGRAM HIGHLIGHTS:
- Opening Address - Her Excellency the Honourable Barbara Baker AC, the Governor of Tasmania
- Traps in Governance of Specialist Institutions - Walter Sofronoff KC, Commissioner of Inquiry into Forensic DNA Testing in Queensland
- Regulation of Medical Service Providers in Australia- Professor Roy Beran, Consultant Neurologist
- The National Law: It’s not getting easier - Brad Wright, Barrister
- Creep of Scope Dilemma- Dr Eli Avila, President American ACLM
- Doulas at Birth and Death- Professor Mike O'Connor, Professor of O&G
- The Over-regulation of Healthcare Providers in Australia in view of the recent ATO ruling- Dr David Onu, Forensic Medical Specialist & GP
- Regulating the Individual Practitioner: Building resilience to combat vicarious trauma - Dr Adam Griffin, Director QLD Clinical Forensic Medicine Unit
- The Role of Health Care Providers in the Opioid Crisis- Joe Piorkowski, Defense Attorney (American Guest)
- Vicarious Trauma and the Workplace-Dr Mary Frost, Psychiatrist
- Plus many more!!
Flexible attendance options
The conference program will be both live-streamed and recorded for later viewing to cater for different time zones.
Ticket Cost (AUD)
Live Attendees - $550 ACLM members / $750 non members
Virtual Attendees - $500 ACLM members / $700 non members
Visit our website to register and for more information - www.legalmedicine.com.au
The 33rd national conference of The Samuel Griffith Society will be held over the weekend of Friday, 25 to Sunday, 27 August at the Park Hyatt in Melbourne.
Registration is now open and can be completed by returning the registration form by post or by email to Julie at contact@samuelgriffith.org.au or securely online via TryBooking.
If you would like to contribute relevant news, events, and updates for barristers and the legal profession to In Brief, please send an email with your content to inbrief@vicbar.com.au or complete this submission form.
Deadline for the next issue:5pm, 23rd March 2023