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In Brief Issue #1097
6Apr
It was announced last Friday afternoon that her Honour Justice Debra Mortimer will be the new Chief Justice of the Federal Court of Australia. The Bar officially welcomed the appointment last week in a media statement in which I noted how proud we are that Chief Justice Mortimer is a member of our Bar. Her Honour is an outstanding jurist who has already made a significant contribution to the Federal Court over the last 10 years. There is no doubt that her Honour will make a further lasting contribution as its leader in the years to come. Her Honour’s welcome as Chief Justice will take place at 9:30am on Monday, 17 April.
On Saturday afternoon last week, we completed the current round of sexual harassment awareness training. Once again, the session was well attended and well received. For those of you who were unable to attend the training during this round, a tentative date of Wednesday, 13 September has been set for another session. If you need to complete the training for a silk application this year, please pencil the date into your diary now. It will be confirmed later in the year. My thanks to Gina Schoff KC, Mark Irving KC and Jonathan Kirkwood S.C. for delivering Saturday’s session.
On Monday night, Amanda Utt and I attended a dinner with the Honourable Stephen Charles AO KC, Catherine Williams, Tania Wolff, Donna Copper, Liz Gray and Rebekah Farrell to discuss the work we are doing on the Human Source Management Bill. Debate will resume in the Legislative Council early next month. We will keep up our opposition.
On Tuesday night, I attended the 17th Annual Victorian State Parliament Iftar Dinner which was co-hosted by the Hon Colin Brooks MP (Minister for Multicultural Affairs), Mr John Pesutto MP (Leader of the Opposition and Shadow Minister for Multicultural Affairs) and Mr Ahmet Keskin (Executive Director of the Australian Intercultural Society). A number of members of the judiciary, as well as a number of members of counsel, were on hand to hear Ms Taryn Lee (Chairperson of the Victorian Equal Opportunity & Human Rights Commission and General Manager of Social Impact and Policy at Collingwood Football Club) deliver the keynote address. It was a very successful event which was well worth attending.
Yesterday morning, I appeared in the Court of Appeal at a ceremonial sitting to mark the first Supreme Court hearing to be held in the new Bendigo Law Courts. After the hearing, Judy O’Connor (Transition Manager, Bendigo Law Courts Development, Court Services Victoria) and members of her team gave me a tour of the building. It really is quite something. It is the first in Victoria to feature a full suite of specialist courts in one location – including Central Victoria’s first Koori Court. The facility caters to the needs of the profession, litigants, jurors and witnesses in a very modern way. You can tell a lot of careful thought went into its design. If you are in the region, it is well worth having a look for yourself. My thanks to her Honour Chief Justice Ferguson for the invitation to speak at the hearing and to Judy and her team for the tour.
This morning I attended a Starts With Us leader’s breakfast at Lander & Rogers to hear Dr Niki Vincent, Public Sector Gender Equality Commissioner for Victoria. I met Claudia Fatone, the new CEO of the Women’s Legal Service of Victoria, and Genevieve Collins, Chief Executive Partner at Lander & Rogers. It was a very informative session. My thanks to Genevieve and Claudia for the invitation.
During the course of the week, Bar Councillors and some other members have raised concerns with me about recent comments in the media by the Honourable Anthony North KC, Chairperson of the Victorian Law Reform Commission (VLRC), concerning the experience of sexual assault complainants. The debate about the way in which the courts address sexual assault complaints is a very important one. And Mr North, who served with distinction as a judge of the Federal Court of Australia for over two decades, has an important contribution to make to that debate, particularly given his role at the VLRC. His views are to be accorded great respect. Nonetheless, I spoke with Mr North earlier this afternoon and respectfully expressed my view that referring to some barristers in a manner that could be construed as derogatory detracts from the quality of the debate and has a tendency to distract from the main issue — which is to seek to appropriately balance the competing interests of sexual assault complainants with those of accused persons (each of whom is innocent until proven guilty). This is an incredibly complex and emotionally charged area of law and it is one that our members must navigate each day. I have great respect for those at the Criminal Bar who do this extremely challenging work. It requires real skill, sensitivity and a very high degree of professional strength. During our conversation, Mr North expressed the very same sentiments about the overwhelming majority of those in practise at the Criminal Bar. I am pleased to say it was a very respectful, open and productive conversation. I thank Mr North for taking the time to speak with me.
There is a short update to give on the terms and conditions governing the use of BCL email accounts and other electronic services. As members will recall, we published some draft terms and conditions a short while back and invited member feedback. Based on the feedback received, some minor changes were made and the final form of the terms is now with BCL. The revised terms will be instituted shortly.
On a related topic, at its meeting on Thursday evening last week, Bar Council resolved to update its Privacy Policy, which is now called the “Privacy and Security of Information” policy. In its revised format, the document contains appropriate and necessary references to various legislative instruments that affect how the Bar handles member information such as the Health Records Act 2001 (Vic), the Legal Profession Uniform Law Application Act 2014 and the Legal Profession Uniform Law. References are made to the functions we perform as delegate of the Victorian Legal Services Board. Importantly, at section 5, the policy now specifically addresses member privacy in relation to their use of BCL IT services and VicBar emails. The updated policy can be found here. I would like to extend my sincere thanks to the Bar Council working group who revised the policy for us: Mark Robins KC, Darryl Burnett and Nawaar Hassan (who was credited with doing the heavy lifting on the drafting).
As mentioned in our 3 March edition of In Brief, a recent decision by his Honour Justice John Dixon of the Supreme Court of Victoria in AAA and County Court of Victoria & Ors [2023] VSC 13 put an end to de novo hearings in intervention order appeals from the Magistrates’ Court to the County Court of Victoria. Mario Cenacchi has written a very useful article about the case which has been published in the LIV’s online journal. It can be found here. I have spoken to her Honour Judge Anna Robertson of the County Court about the consequences of the AAA decision. A CPD is being planned for those who practise in the area, and we will publish the details when they are available.
The Bar Council has been advised by the LPLC that, among other changes, it will vary the professional indemnity insurance policy it offers to barristers from 1 July 2023 to include a deterrent (double) excess where a claim against a barrister arises due to the absence of multifactor authentication (MFA) on a barrister’s email account. The Legal Services Board has now approved that proposed change to the policy. The LPLC will shortly be advising barristers of this and other policy wording changes. Well over 95% of members of the Bar in the practising division who use the BCL email system now have MFA enabled on their accounts. However, barristers who do not have MFA enabled on their BCL accounts, or barristers who use non-BCL email accounts for their professional communications, ought to review their email arrangements. Where necessary, they should take steps now to ensure that the email accounts that they use for providing professional services to solicitors and clients use MFA. Barristers are of course free to choose whichever email account provider they wish when communicating professionally. Please note that when using external email services for professional use, in addition to having MFA enabled, members should be mindful of other security factors such as data sovereignty, data retention and administration access. They should also take steps to ensure that other forms of electronic services they use, such as cloud-based document storage, is appropriately protected. Whatever members choose in terms of IT providers, given this significant change to the LPLC policy wording, they are advised to take steps to mitigate the risk of this deterrent excess applying in the event of a claim against them by ensuring that their professional email service uses MFA. If you have any doubt about the matter, please contact BCL or other service provider to discuss your particular circumstances.
Thanks for taking the time to read this week’s message. My close friends at the Bar have reminded me that the title of the publication is ‘In Brief’. I will try to do better on the brevity front.
As applicable to you, please have a happy Easter, a happy Passover, and/or a relaxing long weekend.
Sam Hay KC
Federal Court of Australia
The Attorney-General of Australia has announced the appointment of The Hon. Justice Debra Mortimer as Chief Justice of the Federal Court of Australia. The appointment is effective Friday, 7 April 2023.
A ceremonial sitting to mark the appointment will be held on Monday, 17 April at 9:30am in Court 1, Level 8, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William St, Melbourne, with a morning tea served afterwards. Members of the Victorian Bar Association are kindly asked to register their attendance with to Ms Dimitra Argyros at dimitra.argyros@fedcourt.gov.au (preferred) or 02 8099 8432 by 12 April 2023.
You should have received 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 went live on Monday, 27 March 2023, for the renewal of your PC. Members must renew before Friday, 30 June 2023 to continue to practise on Saturday, 1 July 2023. Members who renew after this date may incur a late renewal surcharge from the LSB+C.
The LPLC portal is expected to open on Wednesday, 5 April 2023 to renew your PII, and further information from the LPLC will be distributed on or closer to that date. The LPLC requires payment of the PII premium by Wednesday, 31 May 2023 and members are encouraged 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.
All members of the Bar and Judiciary are warmly invited to the Dinner on Friday, 26 May 2023, 7:00pm at the Plaza Ballroom. The event is black tie and will feature guest speaker Dr Stephen Donaghue KC, Solicitor-General of Australia.
Tickets for the event are now available. You can book individually, as a guest on an organised table, or as a table organiser.
Event: 2023 Victorian Bar Dinner
Date: Friday, 26 May 2023
Time: 7:00pm for 7:30pm start
Venue: Plaza Ballroom, 191 Collins Street, Melbourne
Dress: Black Tie
Click here to purchase your ticket.
If you did not receive an invitation, please contact events@vicbar.com.au.
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.
- 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.
Please join Saints in Law for breakfast on Wednesday, 3 May 2023, 7:30am at the Essoign Club.
Level 1, Owen Dixon Chambers East, 205 Lonsdale St, Melbourne.
St Kilda Football Club CEO Simon Lethlean will be there with one of the members of the coaching panel to update us on the season ahead, as we celebrate the Club’s 150th year.
Fortius quo fidelius
Michael Borsky KC
Lisa Hannon KC
James Plunkett
& Jack Rush KC
Cost: $35 per head
RSVP: 26 April 2023 to James Plunkett
(Cheques payable to James Plunkett, Lennon’s List, DX99, or to BSB 063 097 Account 1546 6715, Reference – Name and Saints)
Melbourne Comedy Festival favourites are back in town.
With our exclusive sample of Comedy Festival shows from this year and last year.
This will be a night where you are guaranteed the best medicine – plenty of LAUGHTER!
You will get to enjoy over 2 Hours of great stand-up comedy.
When: Tuesday 11, Wednesday 12, Thursday 13, Sunday 16, Tuesday 18 (8:00pm) OR Wednesday, 19 April.
Doors Open: 8:15pm (if you want to come & buy some dinner at 8:15pm - Joe King Bistro Menu
Show Starts: 9:00pm (runs for 1 & half+ hours)
Cost: NO ENTRY FEE CHARGE (for the show, normally $35pp)
Where: The Comics Lounge 26 Errol St Nth Melb
To book: email laughs@thecomicslounge.com.au with your name, number of tickets & which show you would like, your confirmation email will be sent straight to the bookings office.
Dear Essoign Club Members,
We are open daily from 7:30am – till late
Breakfast – for dine-in or takeaway.
Lunch – Daily Café Menu take away or delivery.
Lunch Dine-In – A La Carte from midday.
Bar – EVERY EVENING – $5 Beer & Wine from 4:30pm – 5:30pm with light snacks available.
Catering & Events – 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 a special offer from HotelPlanner.
The Federal Court of Australia is currently considering potential amendments to the Commercial and Corporations (C&C-1) Practice Note to reflect changes to the manner in which Scheme of Arrangements are addressed. It is intended to consult with the profession and the Australian Securities and Investments Commission before finalising those potential amendments. There will be further communications and invitations to consult circulated shortly.
A new Practice Note has been published, outlining how parties and lawyers can advise the Correct of the correct form of address and the pronunciation of names Practice Notice SC Gen 21 – Appearing in Court.
The Supreme Court of Victoria is committed to treating all Court participants with equal dignity and respect. Parties, lawyers and other participants are welcome to advise the Court of the phonetic pronunciation of names for use in a proceeding and forms of address (such as Ms, Mr, Mx).
The Victorian Bar Library Committee has recently purchased many useful new books in a variety of areas. Come in and have a look! Owen Dixon Chambers East.
A list of some of the new arrivals are listed below. The Richard Griffith Library is a reference library and that books may not be removed from the library save for those that have been clearly marked as available for loan.
Australian master superannuation guide 2022-23
Case management and complex civil litigation
Cheshire and Fifoot law of contract
Commercial arbitration in Australia under the model law
Hanks Australian Constitutional law : materials and commentary
Jesting pilate and other papers and addresses
Keay's insolvency : personal and corporate law and practice
New South Wales civil procedure handbook 2022
Residential tenancies law and practice : New South Wales
Royal commissions and public inquiries in Australia
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
Melbourne Law School is pleased to present you with the following free events upcoming in April:
The Jim Carlton Annual Integrity Lecture 2023
Integrity and complex systems: The Rum Rebellion or the Shearers’ Strike?
Date & time: Wednesday, 19 April, 6:30pm – 7:30pm
Location: Melbourne Law School, The David P. Derham Theatre, 185 Pelham St, Carlton
Presenter: Professor Peter Doherty, Nobel Laureate, AC, FAA, FRS
Professor Peter Doherty says: “Much public discussion of moral, legal, and political integrity reflects the interface between Australia’s two great sociological themes, based respectively in the 1808 Rum Rebellion and the 1891 Shearer’s Strike. Scientists like me also talk about ‘integrity’ in somewhat different contexts. Architects and civil engineers focus on the integrity of physical structures. That also relies on the integrity of suppliers, builders, and regulators: there have recently been some spectacular failures! With health, whether it be human medicine or environmental well-being, we’re discussing the physical integrity of complex systems, and the moral integrity deficit of those who carelessly compromise such systems.”
This lecture is a collaboration between the Accountability Round Table (ART) and Melbourne Law School.
Further information and registration.
Displacement and Protection: Global Challenges
Date & time: Friday, 21 April, 1:00pm – 2:00pm
Location: Theatre G08, Melbourne Law School, 185 Pelham St, Carlton or Online webinar
Presenter: Filippo Grandi, United Nations High Commissioner for Refugees
The Peter McMullin Centre on Statelessness and the Melbourne School of Government are honoured to host Filippo Grandi, United Nations High Commissioner for Refugees, for this special event at Melbourne Law School. The event will be chaired by Professor Michelle Foster, Director, Peter McMullin Centre on Statelessness and moderated by Erika Feller, Chair, Peter McMullin Centre on Statelessness Advisory Board and Professorial Fellow in the Melbourne School of Government. We invite you to join us for this rare opportunity to hear Mr Grandi speak. Light refreshments will be served following the presentation.
For those unable to attend in person, a livestream option will be available when you register.
Further information and registration.
This annual one-day Conference will be held in Sydney as a hybrid event with the option of in-person attendance or online attendance, on Saturday, 6 May 2023.
The Conference, which has been held since 1989, provides an opportunity for those interested in Competition Law to update their knowledge on the specific areas covered by this year’s conference including:
- Gina Cass-Gottlieb Chair, ACCC
The ACCC’s 2023 outlook and priorities for competition enforcement
- Brent Fisse Principal, Brent Fisse Lawyers
Australian Cartel Law: Recent Developments
- Professor Julie Clarke Associate Dean, University of Melbourne
Proof of Purpose
- Liza Carver Commissioner, ACCC
Implementation of codes of conduct in digital platforms
- Dr Luke Wainscoat Senior Economist, HoustonKemp
Are ex ante regulations required to curb the market power of digital markets
For full details, please download the combined flyer and registration form here.
An expression of interest process has been announced for the appointment of an external legal adviser to the Senate Standing Committee for the Scrutiny of Delegated Legislation.
Expressions of interest for the position, under a contract to commence in July 2023, are invited from suitably qualified persons. The closing date for expressions of interest is close of business on Friday, 28 April 2023.
Potential applicants are encouraged to click here for further information.
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, 13th April 2023