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In Brief Issue #1095
24Mar
A lot of time this week has been spent working very closely with the LIV and the Centre for Public Integrity (the CPI) on our response to the Human Source Management Bill 2023. A number of amendments have been introduced in the Legislative Council including by the Government and the Opposition. Yesterday afternoon we were informed that Government had withdrawn the Bill from debate after the Greens informed the Attorney-General and the Shadow Attorney-General that they were unable to support it in its current form and were considering the rival amendments. Parliament has now adjourned and will not resume until 2 May. That being the case, we will continue to work with the LIV and the CPI to convince legislators that allowing for the registration of lawyers as informants against their own clients is a bad idea. I will let members know as things develop.
On Tuesday evening, I attended the Bar’s Pro Bono Awards ceremony. It was a very well-attended event to honour members who have gone above and beyond on the pro bono front. I would like to congratulate all the winners and nominees, including Victorian Bar Pro Bono Trophy winner Julian McMahon AC SC. Details of the awards and the achievements of all of the winners can be found here. My thanks for helping to organise the night go to Matthew Harvey KC (Chair of the Pro Bono Committee) Geraldine Gray and Chris Lum (Deputy Co-Chairs) and Laura Hilly (Committee member), and Amanda Utt, Miranda Tulloch, Lisa Paykel, Stephen Porter and Matt Reddin from the Bar Office.
I would also like to take this opportunity to encourage members to consider doing some pro bono work if they haven’t done any for a while. In making this suggestion, I completely understand that it is not always possible for members to assist in this way. There is no shortage of deserving clients, and it is sometimes easy to forget what a profound difference we can make to the lives of people who find themselves in litigation without representation. People need assistance in a range of areas. From Native Title claims in remote parts of the country, to those facing criminal charges in our local Magistrates’ Courts. From migration matters in the Full Federal Court, to people at risk of losing disability support pensions in the Administrative Appeals Tribunal. When our members step up to help – and so many of them do, as Tuesday’s ceremony showed – they continue one of our proudest traditions at the Victorian Bar.
On Wednesday afternoon, I met with the Legal Services Commissioner, Fiona McLeay, to discuss matters relevant to the various delegations we hold from the Victorian Legal Services Board. Generally speaking, those delegations concern the grant, renewal, suspension or cancellation of barrister practising certificates, and matters concerning clerk approvals to hold trust money. The Bar Office and the Commissioner’s Office have been working together closely to ensure that the work we perform as delegates is done efficiently and consistently. I would like to thank Amanda Utt (Executive Director) and Kai Li Zhu (Senior In-house Legal Counsel) for their excellent work in this regard. Performing our delegated functions well is absolutely core business for us and Amanda and Kai Li are central to that effort.
Yesterday I met with Dr Jason Harkess, Chief Examiner of the Victorian Bar Entrance Exam, to discuss the arrangements for this year’s exam. Jason has been in the role since 2013 and will continue in it this year. It is a complicated and involved job of real importance. We are very grateful to Jason for his many years of skilled and dedicated service.
This evening I’m heading up to Brisbane to attend the Queensland Legal Society – Legal Profession Dinner. I am looking forward to it.
Next week I will be attending the Bar’s fourth Iftar Dinner. This is an annual event held in conjunction with the Australian Intercultural Society. The iftar is the traditional evening meal during the month of Ramadan when Muslims break their fast after abstaining from food or drink from sunrise to sunset. I look forward to celebrating the contribution that our Muslim members are making to our Bar and to the wider legal community.
Cultural diversity is an important part of the Bar’s fabric. In that regard, I’m pleased to say that Paul Clark from BCL has allocated room 419B in Owen Dixon Chambers East as a multi-faith prayer room. It will serve as a space for religious observances and/or spiritual reflection. Once set up, it can be used those purposes by members, clerking and support staff and by members of the Bar Office. My thanks to Haroon Hassan (Co-Chair of the Equality & Diversity Committee) for drawing the need for such a room to my attention.
Finally, can I suggest that you all save the date for Friday, 26 May: the annual Victorian Bar Dinner is scheduled for that night. It is always a highlight of the year. Official invitations will be sent out soon.
Sam Hay KC
The VicBar CPD Committee 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.
You will receive an email from the Victorian Legal Services Board + Commissioner (VLSB+C) on Monday, 27 March 2023, outlining details of the practising certificate (PC) and professional indemnity insurance (PII) renewal process.
LSB online will be live on Monday, 27 March 2023, for the renewal of your PC. Members must renew before 30 June 2023 to continue to practise on 1 July 2023. Members who renew after this date may incur a late renewal surcharge from the LSB+C.
We will provide a date for the LPLC portal opening once advised, but it is expected to be early in April 2023 to renew your PII, and further information from the LPLC will be distributed closer to the portal opening date. The LPLC requires payment of the PII premium by Wednesday, 31 May 2023 and members are requested to renew online on the LPLC website.
Information on renewing practising certificates can be found on the VicBar website here.
Links for online lodgement, found on the above webpage, will be available from the VLSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website when live.
Login to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C). You can contact the Bar office for assistance if required. LSB Online deals with all PC administrative matters, and there is no printed PC renewal form. If you have forgotten your password you can reset this on the LSB Online login screen by selecting “forgot password”. You will receive an email to reset your password.
If you experience technical difficulties with LSB Online, please contact the VLSB+C via their lawyer enquiry form. In addition, answers to frequently asked questions and LSB Online user guides can be found here.
Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7105.
The LGBTIQ Working Group of the Equality & Diversity Committee of the Victorian Bar celebrates Transgender Day of Visibility 2023, a day set aside by members of the community to acknowledge and celebrate trans and gender diverse people and their achievements.
In particular this year we celebrate the extraordinary law reform and pioneering human rights advocacy of Roberta Perkins – a member of the ground-breaking Australian Transsexual Association (est. early 1980s, now The Gender Centre Inc) the world’s first fully government funded transgender rights organisation. To find out more about Roberta Perkins and her law reform work, members and colleagues across the profession may wish to read the website of the LGBTIQ Legal Service, a community legal centre service provided by Southside Legal.
The Victorian Bar and the Australian Intercultural Society will be holding the 2023 Iftar Dinner on Wednesday, 29 March 2023. Tickets for this event have now sold out, if you would like your name added to the waiting list, please send your details to events@vicbar.com.au.
The evening will feature a 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 QC Room. Tickets are $60 per person and include a two-course meal.
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.
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 to 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.
- 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.
- Ethics Refresher – Common problems and how the Ethics Committee can help is on 28 March 2023 from 5:15pm-6:15pm. This session, to be presented by members of the Ethics Committee, aims to remind practitioners of important ethical obligations. The panellists have identified some ethical dilemmas experienced by barristers and will provide some practical guidance as to how you can resolve such dilemmas or avoid them in the first place. This is an online-only event. 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.
- Dealing with clients in suicidal distress is on 26 April 2023 from 5:15pm-6:15pm. In this seminar, the speakers will explain the drivers for suicide and how to identify and respond to suicidal distress. Lisa Hannon KC, Chair of the Victorian Bar's Ethics Committee, will outline a barristers’ ethical duties when they apprehend that a client may be suicidal. This is an online-only event. Click here to RSVP.
- Are the parties bound by an agreement to settle at mediation? is on 27 April 2023 from 5:15pm-6:15pm. In this seminar Grant Lubofsky and Shaun Clement (Counsel for Appellant and Respondent respectively in Sully v Englisch [2022] VSCA 184) reflect on Masters v Cameron agreements in the wake of the recent Court of Appeal’s decision. This is an online-only event. 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.
Studio 11 warmly invites you to take a break and visit its exciting Term 1 2023 exhibition comprising some 45 works from artists including:
Llewelyn Ash
Andrew Baines
Min-Woo Bang
Jenny Coker
Janine Daddo
Tracy Dods
Steve Harris
David Hinchliffe
Julie Hutchings
Alan Kuczynski
Kate Piekutowski
Tim Shaw
Lisa Russell
Lisa Taylor King
Miertje Skidmore
Belinda Wilson
Patrick Wong
The exhibition includes paintings, etching on paper, sculpture and beautiful glass work.
Take a break and come and spend some time with the works on Level 11 East, which are all for sale with work sheets available on the floor.
The exhibition runs until 31 March 2023.
For enquiries contact lauracolla@vicbar.com.au.
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.
The County Court’s Common Law Division has published a revised Family Property List practice note. The revised practice note introduces a new streamlined procedure for testator family maintenance claims against low value estates (<$150,000). The new procedure includes the use of disclosure forms rather than affidavits or position statements and a cap on legal costs. The practice note also now lists the “critical documents” which parties will be expected to disclose in a dispute.
Visit the County Court website for further information.
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.
We are pleased to invite you to attend an online information session where you will be able to ask questions about the AAT’s new Migration and Refugee Practice Direction which came into effect on 1 March 2023.
The information session will be held via Microsoft Teams on Wednesday, 5 April 2023 from 3:00pm to 4:00pm (AEST) and will feature presentations from senior representatives of the AAT. Following the presentations, the panel will address questions and matters of interest from attendees.
This is a good opportunity for professionals who support applicants in the Migration and Refugee Division to gain a clear understanding of how the new practice direction will impact your work.
Registrations are open until midnight on Sunday, 2 April 2023.
If you are unable to attend, we encourage you to forward this invitation to a colleague who may be interested.
Space is limited so please secure your place by registering to attend as soon as possible.
Click here to register.
The International Council for Commercial Arbitration (ICCA) is conducting a roadshow in Melbourne to promote ICCA to the Victorian legal community. ICCA is a global non-governmental organisation that began in 1961 and promotes the use of arbitration, conciliation and other forms of international dispute resolution.
Herbert Smith Freehills is hosting an evening reception on 12 April for Dr. Mariel Dimsey (Secretary General of the Hong Kong International Arbitration Centre) and Neil Kaplan CBE KC (Co Chair Host Committee HK ICCA 24).
ICCA’s biennial Congress (described as the largest regular gathering of international dispute resolution specialists worldwide) will take place in Hong Kong in May 2024.
Those interested in learning more about ICCA and perhaps attending the Congress and those interested or involved in arbitration generally may consider attending the evening reception on 12 April.
Interested members can register here.
The Royal Historical Society of Victoria has some forthcoming lectures that may be of interest to Vic Bar members.
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, 18 April, 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
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, 16 May, 5:30pm for 6:00pm
Bookings: Link
Royal Historical Society of Victoria,
239 A'Beckett St
Melbourne
(03) 9326 9288, office@historyvictoria.org.au
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, 30th March 2023