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In Brief Issue #1098
14Apr
On Wednesday, Amanda Utt and I met with Louise Glanville (CEO) and Julia Munster (Chief Counsel) from Victoria Legal Aid to discuss issues of mutual interest. Our two organisations enjoy a very good working relationship and we have agreed to meet regularly for the balance of the year. It is very useful to have such direct and open lines of communication with one of our most important external stakeholders. I would like to thank Louise and Julia for taking the time to meet with us.
Yesterday I met with Paul Clark (CEO) and Daniel Calleja (CIO) from BCL to discuss the topic of email encryption on the BCL network. Depending upon the software package you have, encryption is currently available, although using it can be a bit cumbersome. I have asked BCL to put together some explanatory material about the matter which will be made available to members.
Last night I attended the launch of an important collection of materials that has been donated to Monash University by Professor the Honourable Marilyn Warren AC KC, former Chief Justice of the Supreme Court of Victoria from 2003 until 2017. The collection is entitled Doing Law and Justice – The Words of a Chief Justice and contains about 200 speeches, lectures and interviews given by Professor Warren. The online collection, which is the first of its kind in Australia, can be accessed here. It was launched by Professor Margaret Gardner AC, President and Vice-Chancellor of Monash University and Professor Bryan Horrigan, Dean of the Faculty of Law at Monash. Professor Warren’s collection is well worth a look. My thanks to Professors Warren, Gardner and Horrigan for inviting me to the very enjoyable event.
I would like to welcome Sharni Doherty as the latest addition to the Bar office. Sharni joins us in an executive support role. Sharni has come onboard after having spent the past six years working in Northern Ireland, where she held the position of Member and Client Support Supervisor at the Bar of Northern Ireland. Welcome Sharni!
Many will be following the debate concerning the Constitutional Alteration (Aboriginal Torres Strait Islander Voice) 2023 Bill which was introduced into the Commonwealth Parliament on 30 March 2023. A number of members have contacted me about the issue this week, and I know that many other members of Bar Council have also been approached. I have placed the topic on the Bar Council agenda for our 27 April meeting for an initial discussion. I will keep members informed as things progress.
The 2023 Victorian Bar Dinner will be held on Friday, May 26. You should have received your invitation by now, and tickets are selling fast. The dinner is always the Bar’s premier event each year. Dr Stephen Donaghue KC, Commonwealth Solicitor-General, will be our speaker. Please make sure that you RSVP as soon as you can to guarantee that you secure a ticket by using this link. Please contact events@vicbar.com.au for further information.
The Lawyers Weekly 30 Under 30 Awards finalists have been announced and I’m happy to say that the Victorian Bar is very well represented. Luke McPhie, James Penny, and Angelika Yianoulatos have all been nominated for individual awards. The awards will be handed out on Friday, 2 June in Sydney. On behalf of the Bar, I extend my congratulations to Luke, James and Angelika. I wish them the best of luck.
You will have received an email last week detailing how the Bar Council established the Veronica Nelson Inquest Response Working Group, chaired by Richard Dalton KC, for the purpose of preparing the Victorian Bar’s formal response to the recommendations delivered by his Honour Coroner Simon McGregor, following the coronial inquest into the tragic death in custody of Veronica Nelson. The Bar Council will consider the Working Group’s recommendations on 27 April. If members would like to provide any feedback, please email policy@vicbar.com.au.
Finally, I will be on leave next week. Gina Schoff KC will be Acting President while I’m away and Liz Bennett S.C. will speak at the Honourable Chief Justice Mortimer’s ceremonial welcome on Monday morning. My thanks to the Vice Presidents for stepping in.
Sam Hay KC
Federal Court of Australia
Monday, 17 April 2023 at 9:30am
Court 1, Level 8
Federal Court of Australia
Owen Dixon Commonwealth Law Courts Building
305 William Street, Melbourne
Morning tea served afterwards.
RSVP to Dimitra Argyros by 12 April 2023, email (preferred) to dimitra.argyros@fedcourt.gov.au or
02 8099 8432
Bar Roll No: 877
Kingsley was admitted to the Bar in 1969 and practised almost exclusively in Family Law and Commercial Law with great distinction. He achieved the rare distinction of being in practice for more than 50 years.
Kingsley had three readers: Patricia Hudson, Maurice Gland and Angela Lee and was always available to give advice and guidance to younger practitioners in his areas of practice when approached.
He had two children: Sheldon and Carolyn and two grandchildren who were a source of ongoing pride and delight to him.
Kingsley was also a man who contributed very substantially in a number of respects – in his own local community; in the Scouting movement – as to which he achieved high distinction in his own right as well as being an essential and contributing member of the administration for many years, and in areas of law of a pro bono nature as well as his membership of various standing committees in areas of interest.
These included the Court Procedures Reform Committee, the Crime Practice Committee, the Juries Practice Committee, and the Causes Practice Committee.
He was essentially a quiet and self-effacing man with an extensive knowledge of the areas and procedures applicable to the areas in which he practised.
For many years, Kingsley ran the Family Court moot segment of the Readers’ Course with real ability.
On one occasion, two misguided readers stole his registry stamp to facilitate an argument for an adjournment on the basis that there were no filed documents to which the court could refer. Kingsley simply smiled benignly and kept the miscreants on their feet for two hours discussing inherent jurisdiction and the various discretions available under the Family Law Act.
He later observed that "he had thoroughly enjoyed himself, and that he was confident that the offenders had learned a great deal more law than they had ever wished to".
Kingsley was an able and well-prepared advocate who enjoyed the respect of both his colleagues and the benches before whom he appeared.
The recognition conferred upon him by the award of the OAM was richly justified.
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.
Following on from its inaugural success in 2022, there will be another Rainbow and Inclusive Annual Dinner on Thursday, 18 May 2023 at 8:00pm.
The Dinner is an informal and unique opportunity for members of the Victorian Bar who identify as LGBTIQ or supportive allies at the Bar to come together to connect and celebrate as a proud community.
The Dinner will be at The Bowery Room, Builders Arms Hotel, 211 Gertrude Street, Fitzroy. The Dinner will follow on from the launch of the Victorian Chapter of Pride in Law earlier that evening.
Places are strictly limited, and ticketing will open very soon. In the meantime, please save the date, and contact Chris McDermott (Chris.McDermott@vicbar.com.au) for any further queries.
The Victorian Bar is offering members the annual flu vaccination in Owen Dixon Chambers East on 30 and 31 May 2023.
Bookings must be made online via the iMedical website. Instructions on how to book are here. You must be logged into the VicBar website to download the instructions.
There are a limited number of appointments available to Bar members from iMedical, and they will be allocated on a first-in, first-served basis.
Sisters in Crime’s 17th Law Week event: Boys behaving badly (and what to do about it). An expert panel, Elena Campbell, Ahona Guha, and Sherele Moody, chaired by Bronwyn Naylor will debate how to combat toxic masculinity and the violence perpetrated against women. Sir Zelman Cowen Centre, Victoria University, Queen Street Campus, Lecture Theatre G02, 295 Queen Street, Melbourne. Please book here by Friday, 19 May, 2:00pm.
More info here.
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.
- Costs in the FCFCOA: when how and why is on 20 April 2023 from 5:15pm-6:15pm. This CPD is about the costs regime in the Federal Circuit and Family Court of Australia, including costs disclosure obligations and how to go about applying for costs (and whether or not you are likely to get them!). This is an online-only event. 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.
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)
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 to access the monthly Best Buys!
Click here for a special offer from JB Hi-Fi Commercial.
Click here for a special offer from HotelPlanner.
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.
Using the Law to Change Society: Sport, Human Rights and National Identity.
The advent of international human rights law in sport has challenged the prevailing paradigms, forced sport to reckon with its supposed 'apolitical nature' and raised the issue of harms previously ignored. Human rights law has allowed athletes an increasing platform to engage on issues of social justice and forced the withdrawal of commercial partners and sponsors from a range of sporting codes.
It underpins sport's duty to uphold the rights of Indigenous Peoples, including that of First Nations self determination in Australia and has implications on Australia's future as a republic. Using the rights of affected groups, Craig will discuss the path Australia is walking towards a truly inclusive identity.
This event is open to all members of the legal profession and to all of Deakin's wider community in support of the Victoria Law Foundation's Law Week 2023.
Click here to register.
We are proud to announce that Bond University will present a microcredential on Medical Negligence commencing 15 May 2023, in partnership with the Australasian College of Legal Medicine.
Enrollment is now open! Click here for more information and to enrol.
A flyer is also available here.
Time/Mode:
The course is delivered over 14 weeks via a series of self-paced online modules and a two-day, online workshop.
Commences: 15 May 2023
Who can attend?
The course is available to any person holding a Bachelor degree or higher, whose qualification requires registration with Australian Health Practitioner Regulation Agency (or equivalent if overseas) and/or as a legal practitioner.
Please click here to view the flyer for the CIArb Introduction to International Arbitration Course on Saturday, 20 May 2023.
Guest speaker is the Honourable James Allsop AC.
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, 20th April 2023