On Monday, I met with Justin Graham KC, Anthony Strahan KC, Michelle James and Amanda Utt to discuss our Bar’s Advocacy Teacher Training requirements in the medium term. To deliver the Readers’ Course (and several other skills-based sessions we offer) we rely upon committed volunteer instructors who are willing to share their expertise with those seeking to learn our craft. As much as possible, we seek to ensure that the participants in our courses receive high quality, rigorously delivered programs for our pool of volunteers. That requires planning and effort, particularly on the part of the Readers’ Course Executive, and the Bar Office education team.
On Tuesday, I met with Scott Smith KC, Chair of the Essoign Club, and Antonio Farina, Club General Manager of the Club, to discuss the Club’s current operations, some marketing plans, and some ideas to expand its operations a little. I will take these suggestions to the next Bar Council meeting. I am pleased to say that the Club appears to be traveling pretty well. Several people have mentioned to me how much they are enjoying the current menu. As always, the staff are friendly, welcoming, and uber-efficient (particularly at lunchtime when it really counts). We are very lucky to have such an excellent facility which is staffed by such great people. My thanks to Scott and Antonio for their time on Tuesday, and Marijana Hegedis (Club Operations, Sales and Events Manager) and each member of her team for looking after us all so well each day. We really appreciate it.
On Wednesday, I attended the 25th anniversary dinner for the March 1998 Readers cohort. Held at the Essoign, it was very convivial occasion. The group boasts several judges, a former Bar President, a Deputy President of VCAT, a Judicial Registrar, several silks, and many very successful senior juniors. It was great to see colleagues get together to celebrate such an important milestone. My thanks to Dan Star KC and Shane Lethlean for inviting me along.
Yesterday morning, Amanda Utt and I met with Louise Glanville (CEO) and Julia Munster (Chief Counsel) from VLA for one of our regular catch-ups. Among other matters, we discussed the implications of the Federal and State budgets, the very recently released Judicial Conduct Guideline on Judicial Bullying (as to which, see below), and the upcoming Junior Bar Conference which I am hoping will involve a VLA representative (see below for more information). VLA is very keen to continue to support our members, particularly our junior members. It is really useful to have such open lines of communication between our organisations.
Last night the first meeting of the Preliminary Evaluation Committee (PEC) for this year’s silks process took place. Chaired by the Honourable Pamela Tate AM KC, the PEC has begun its work, which will continue for the next few months. The evaluation process is rigorous and aims to ensure that the Chief Justice has reliable information from the profession about each applicant. Members will be interested to know that the names of those who sit on the PEC will be published on the Bar website in the next short while. Applicants should note, however, that they should not – directly or indirectly – attempt to lobby members of the PEC. Applicants who have questions about the process are of course still free to contact me.
The 2023 Bar Dinner is happening tonight. A lot of work has gone into making it a great occasion. Over 500 people are coming along. I’m really looking forward to it.
I would like to extend my warmest congratulations to the Honourable Justice Emilios Kyrou AO on his appointment to the Federal Court, and as President of the Administrative Appeals Tribunal. His Honour has served as a Judge of the Supreme Court of Victoria since 2008, and of the Court of Appeal since 2014. His Honour is widely recognised for his integrity, legal excellence and expertise, particularly in administrative law. He has made history by being the first Greek-born Australian to be appointed to the Federal Court. His Honour starts as President of the AAT on 9 June. On behalf of the Bar, we wish his Honour all the very best in the new role and take this opportunity to thank him for his service to the community to date.
As mentioned above, the Judicial Commission of Victoria published a Conduct Guideline on Judicial Bullying. It was developed with input from across the legal and courts sector. The Commission expressed its gratitude to those who contributed to the consultations on what is clearly an important issue. There’s a selection of links to key documents in the paragraph below.
On Monday evening next week I will be attending a reception at Government House to mark the Coronation of their Majesties King Charles III and Queen Camilla. On Wednesday, along with Bar Vice Presidents Georgina Schoff KC, Elizabeth Bennett SC, I will be meeting with the Honourable Chief Justice Debbie Mortimer at the Federal Court, which will be followed by lunch a with members of the Court and Bar Councillors.
Finally, by way of a reminder, payment for LPLC Professional Indemnity Insurance is due by 31 May 2023. Further information can be found below.
Sam Hay KC
Federal Court of Australia
The Acting Attorney-General of the Commonwealth has announced today that she intends to recommend to His Excellency the Governor-General that His Excellency appoint The Hon. Justice Emilios John Kyrou AO as a Judge of the Federal Court of Australia effective 8 June 2023, and that His Excellency appoint His Honour as President of the Administrative Appeals Tribunal effective 9 June 2023.
Details of the welcome ceremony will be advised when they become known.
Bar Roll No: 691
It is with deep regret that the Victorian Bar advises members that Rear Admiral the Honourable Alwynne Richard Owen Rowlands AO RFD RD RAN sadly passed away on 13 May 2023.
Alwynne Rowlands made an outstanding contribution to the law, the Australian Defence Force and to the community. He was a generous mentor to numerous lawyers both ADF and civilian.
RADM Rowlands joined the RAN Reserve as a Midshipman (Supply and Secretariat Branch) in 1956. After transferring to the Legal Branch in 1972, he made a significant contribution in establishing the Melbourne Navy Legal Panel. He was promoted to Commodore and appointed as Judge Marshal of the Royal Australian Navy in 1987. He was appointed Deputy Judge Advocate-General and served in this position from 1989 - 1992. RADM Rowlands’s distinguished military legal career culminated with his appointment as Judge Advocate General on promotion to Rear Admiral in May 1992. He relinquished the position in 1996.
After graduating from the University of Melbourne (LL B) in 1962, RADM Rowlands was admitted to the Victorian Bar in 1963. His legal career included appointment as a Queen’s Counsel in 1982, Judge of the County Court of Victoria in 1983, Presidential Member of the Federal Administrative Appeals Tribunal, and a Judge of the Family Court of Australia in 1988. He was appointed as Judge Administrator of the Family Court of Australia in 1989 until retiring in 2005.
RADM Rowlands was appointed an Officer in the Order of Australia (AO) in the Queen’s Birthday Honours List in 1994 "for distinguished service and exceptional performance of duty to the Royal Australian Navy and the Australian Defence Force, particularly as the Judge Advocate General”.
The County Court have honoured RADM Rowlands by publishing the following tribute:
“It is only against the contemporary background that the enormous contribution he made during a lifetime of service can truly be appreciated. He weathered the amalgamation of the three Services into a functional operational Australian Defence Force. Likewise, the re-education of all its members brought about by the increase in membership of women. All this while pursuing a career outside the Service. His contemporaries still remember him for his endearing trait, an overriding sense of humanity.”
The Victorian Parliament recently passed the Human Source Management Act 2023. As you will be aware, this legislation arose out of the Royal Commission into the Management of Police Informants (RCMPI), which recommended establishing a legislative framework to manage the registration of human sources.
The legislation received Royal Assent on 16 May 2023 and we understand it will come into operation in September 2024.
The LIV, the Victorian Bar and the Centre for Public Integrity were all vocal in explaining our serious concerns about the proposed framework, particularly the use of lawyers as registered Human Sources. Compared to when it was first introduced, the final Bill contained some significant amendments at the time of passing, including:
Although the Act has narrowed the application and scope of registration of lawyers as human sources, the LIV and the Victorian Bar are of one voice: that there are no circumstances in which an Australian lawyer should agree to be registered as a human source for the purpose of disclosing information which is subject to legal professional privilege, client legal privilege or a duty of confidentiality arising from the lawyer-client relationship.
To agree to such registration undermines the fundamental purpose of the lawyer-client relationship and the requirement that lawyers act in the best interests of their clients. It jeopardises a client’s right to a fair hearing and threatens the integrity of the administration of justice in this State.
The duty of confidence is foundational to the lawyer-client relationship, which arises in contract and equity. It is enshrined in the professional conduct rules which regulate both branches of the profession. The circumstances in which the duty may be intentionally breached are exceptional and rare and generally limited to situations involving the imminent threat of serious harm to another person. The new legislation seeks to go a step further, but without relieving legal practitioners of the civil and disciplinary consequences of any consequential breach.
As stated by the Victorian Legal Services Board CEO and Commissioner in her Commissioner Update to the Victorian profession on 17 May 2023:
“It is important to be aware that, although the Act permits Victoria Police to register lawyers as human sources and use privileged information in specific circumstances (i.e. with the prior authorisation of the Supreme Court of Victoria), the Act does not change lawyers’ regulatory and professional obligations and duties……[and] if you choose to inform on your clients to police, you are likely to do so in breach of these obligations, as well as your obligations to act in your clients' best interest, and to disclose or avoid any potential or actual conflict of interest.”
The LIV and the Victorian Bar stand firm in our desire to ensure that the community has continuing confidence in the legal profession, the administration of justice and the good work our members carry out each and every day in pursuit of these objectives.
If you have any concerns or feel that you need further support, please contact the LIV Ethics line on 9607 9336 or ethics@liv.asn.au or the Bar Ethics Committee on 9225 7111 or ethics@vicbar.com.au.
Yours sincerely
Tania Wolff
President
Law Institute of Victoria
Sam Hay KC
President
Victorian Bar
SPECIALISED HALF DAY CONFERENCE FOR JUNIOR BARRISTERS IN PRACTICE UNDER 6 YEARS' CALL
Are you under 6 years' call? Don’t miss this afternoon of specialised sessions and networking!
The conference will feature an Introduction from the President of the Bar, Sam Hay KC, followed by an address from the Attorney-General, the Honourable Jaclyn Symes MP.
Focused on the important matter of how to develop your practice at the Bar, the program will include sessions on useful tips for building and developing your practice. Hear from industry experts as they share their insights on briefing practices for regulatory bodies, and financial management for sole traders. At the time of registration, participants will have the opportunity to submit questions for the Silks Q&A session themed,
“You Can’t Ask That”.
The event will conclude with a post-conference networking function for presenters and guests, junior silks, and members of the Junior Bar.
Registration closes on 9 June 2023
This is an in-person only event.
When:
Friday, 23 June, 2023 - 1:30pm to 5:30pm
Where:
Neil McPhee Room, Level 1 Owen Dixon Chambers East, 205 William Street, Melbourne VIC 3000
3 CPD point(s):
Ethics & Professional Responsibility; Practice management & business skills;
Price:
$75.00
This event is proudly supported by LegalSuper, Legal Home Loans, and LexisNexis.
LPLC Professional Indemnity Insurance payments are due by 31 May 2023. Professional indemnity insurance covers the cost of compensating clients for loss or damage resulting from negligent services or advice, and is a requirement for the issuance of your practising certificate. To practice as a barrister in Victoria, you must hold a current practising certificate which is also due for renewal by 30 June 2023 (and can be renewed now). For further information, please see the Bar’s dedicated webpage for Professional Indemnity Insurance here.
The Bar Council is calling for expressions of interest from members of 15+ years seniority interested in serving on the Readers' Course Committee.
The Committee has responsibility for matters related to the management and administration of the Readers’ Course of the Victorian Bar.
The roles of the Committee include:
The Bar’s protocol for appointments to VicBar Committees can be viewed here.
To assist the Bar Council in selecting the best candidates for the positions, your expression of interest should identify any relevant areas of experience or expertise.
Please submit your expression of interest to Amy Kendall, Senior Executive Assistant, at amy.kendall@vicbar.com.au.
The closing date for expressions of interest is 5:00pm, Friday, 9 June 2023.
Expressions of interest are sought from those members of the Bar who wish to remain on, or become a member of the Race, Ethnicity and Cultural Diversity Working Group of the Equality and Diversity Committee.
Promoting diversity and inclusion is a key mission of the Victorian Bar. The Working Group was established in 2018 and its main objective is to assist the Committee in identifying the needs and priorities of the members of the Bar from culturally and ethnically diverse backgrounds and to promote initiatives that foster equality, inclusion and freedom from discrimination and harassment to the benefit of all barristers at the Bar.
In particular, the Working Group is to consider the following matters, and may consider such other matters as it considers desirable for the purpose of achieving its objectives:
Please forward your expressions of interest to Haroon Hassan (haroon.hassan@vicbar.com.au) and Clare Cunliffe (cunliffe@vicbar.com.au). In your email, kindly note your reasons for wanting to join the Working Group. Please submit your EOIs by 5:00pm, Friday, 26 May 2023.
We welcome EOIs from all members of the Bar, particularly those from culturally diverse backgrounds.
The Open Justice Project continues to operate in 2023. This collaboration between Monash University and the Victorian Bar provides high performing later year undergraduate and postgraduate students at Monash University with an opportunity to assist barristers with a range of tasks, including legal research, basic drafting, preparation of chronologies and summaries of evidence. Both barristers and students alike benefit from the project, which has been widely praised.
Barrister Matthew Albert said of the program, “This is a brilliant and important initiative. All those involved should be commended and I hope it continues for the long run.”
If you would like to participate, you can find out more about the Project via this link.
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.
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.
For more upcoming CPD events, please visit our listings here.
Hilton Melbourne Little Queen Street is offering Bar members an exclusive discount on accommodation, as well as on food and beverages.
This exclusive accommodation discount of 15%, also includes 15% discount on food and beverages, and is available by clicking the link here.
Enter the code VICBAR to get a 15% off when dining in.
T&C's apply. Discounts are not to be used in conjunction with any other offer. Percentage off is valid for a maximum discount of $150 per bill. Blackout dates apply.
Offer is valid until 31 August 2023.
The VicBar Choir invites you to join its group. A new term commenced on Tuesday, 23 May 2023 with new choir leader Richard Lawton.
Time: 1:00pm-2:00pm, Tuesdays.
Dates: 23 May to 20 June 2023
Cost: $30 a week (Please ask for a discount if you need one) – $125 a term.
For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
Click here for the flyer.
We’re delighted to confirm that our guest of honour for the up-and-coming Law Blues function on 1 June is former player, and current Burch&Co CEO and Sports Advisory Partners Australia Managing Director, Ian Prendergast!
Venue: Gadens, Level 13, Collins Arch, 447 Collins St Melbourne
Date and Time: Thursday, 1 June, 6:00pm
Cost: $50pp, includes drinks and canapés
Payment: JR3N Pty Ltd - Commonwealth Bank - BSB: 063009 - 1051 0434
Go Blues!
Dear Essoign Club Members,
The Essoign Board have agreed to keep the cost of The Essoign Club Membership for the upcoming 2023/2024 year, as per the previous year. We would like to thank you for the support throughout the year.
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, including Mother's Day offers!
Click here for a special Limited Time offer on Cotton On Group eGift Cards.
The Judicial Commission of Victoria has published a Judicial Conduct Guideline on Judicial Bullying.
The Guideline has been developed with input from across the legal and courts sector. The Commission is grateful to all those who contributed to the consultations on this important issue.
Below are links to the Commission’s website where you will find
The Judicial College of Victoria have recently published an update to Scholarship for the Legal Community, a curated selection of research summaries of recently published academic writing from local and international journals.
The update includes four new research summaries covering:
Click here to view the update.
Pride in Law have published a media release regarding the launche of the Victorian chapter with Chief Justice Anne Ferguson providing Keynote address.
Click here to view the media release.
The Richard Griffith Library on Level 1, Owen Dixon Chambers East, is a tremendous resource open 24/7 to members of the Bar. Computers provide the same access to resources as at the Supreme Court Library. This includes Westlaw Australia, Lexis Advance, and ICLR (for England and Wales law reports). There is also an extensive collection of current edition textbooks and hard copy law reports.
The Richard Griffith Library is a space for quiet research and reading. Please respect other users and do not make phone calls, take meetings or video conferences in the library.
Regarding previous correspondence in relation to the appointment of Madeline Prior by the Victorian Legal Services Board (Board) as Manager to the Law Practice under Chapter 6 of the Legal Profession Uniform Law (Victoria) (Uniform Law).
Please be advised that the appointment terminated on 4 February 2023, pursuant to section 340(1)(a) of the Uniform Law.
If you wish to discuss the matter further with the Board, please contact me on (03) 9679 8165 or via email at jjenkins@lsbc.vic.gov.au.
Lawyers as Changemakers is a three-part series celebrates Australian lawyers, their contributions, impact, and influence in shaping society for good, and what inspiration they provide on how we can improve our communities now and into the future.
The second address for the series will be made by Ike Nwokolo, a senior lawyer and Practice Group Leader in Slater and Gordon’s public liability team. Ike will be speaking about his journey in the pursuit of social justice through his legal career from an African-Australian perspective.
Click here to register.
Monash University's Transnational Criminal Law Group in conjunction with the Victorian Juries Commissioner's Office and the Court of the Future Network warmly invite you to a conference to be held at the Monash Law Chambers, in the Melbourne CBD, on Friday, 9 June 2023.
Register here. The Eventbrite registration page contains the full day conference program and other useful information. Speakers include:
Continuing Professional Development; The conference content offers registrants topics that cover: Substantive Law, Practice & Procedure; Barrister/Litigator Skills; and Ethics & Professional Responsibility in the context of sexual assault.
Registrations now open for Resolution Institute’s flagship mediation training with a 20% discount on membership.
Do you need to enhance your mediation skills, follow a new career path, or develop your negotiation and conflict resolution skills?
Then why not join our experienced and renowned trainer Anne Sutherland in Melbourne (19–23 June) for our mediation training and take your career to new heights?
Our highly sought-after mediation training meets the requirements for the National Mediation Accreditation System in Australia and includes personalised coaching and feedback from highly skilled mediators. Upon completion of the course, you will receive 20% off your membership for your first year which will gain you exclusive access to a range of our membership benefits. There is a maximum number of participants for each course to ensure you get the possible experience and training available. So don’t delay – secure your spot today.
This practical learning experience is built on sound theory with a strong skills development orientation. You will learn a proven step-by-step mediation process adaptable to a wide range of circumstances, essential skills to identify the range of drivers underpinning different perspectives, effective communication skills and processes to manage difficult or emotionally charged interactions, and much more. The training includes theory, discussions, videos, group activities, demonstrations by trainers, and role plays with personalised coaching feedback.
There are no prerequisites for this course, and it is ideal for anyone keen to add mediation to their professional skill set, including those who are interested in developing their negotiation and conflict resolution skills, professionals who advise clients, manage staff, or facilitate planning and decision making, and more.
For more information and to register, please click here. You can also write to us at learning@resolution.institute or call us at 02 9251 3366.
Registration is now open for the International Bar Association Annual Conference 2023. Taking place at the Palais des Congrès de Paris from 29 October - 3 November 2023, this conference offers the opportunity to experience over 200 sessions on a wide range of legal topics, along with an abundance of business and networking opportunities on offer attended by some of the world’s leading lawyers.
More information about the conference programme is available on the following social media feeds:
The Victorian Charter of Human Rights and Responsibilities Act 2006 (the ‘Charter’) requires the Scrutiny of Acts and Regulations Committee of the Parliament of Victoria to review proposed laws and report to the Parliament whether such laws are incompatible with the Charter rights.
The Committee seeks expressions of interest from qualified human rights academics, experts or practitioners to act as the Committee’s human rights legal consultant. A thorough knowledge of the Charter, international instruments and relevant human rights laws and landmark decisions in other jurisdictions is mandatory. An ability to scrutinise legislation and prepare relevant advice effectively and quickly is essential.
Prospective applicants may obtain the key selection criteria from and information on how to submit an expression of interest from recruitment@parliament.vic.gov.au
Expressions of interest close on 12 June 2023.
Monash Law is one of Australia's largest and most dynamic law schools. We invite Expressions of Interest in working with our team of experienced educators and leading academics.
As a casual (sessional) academic staff member, you are an important part of the faculty’s teaching program. You will assist the Law Faculty in maintaining high quality in teaching and learning, satisfy students’ learning requirements for units and courses, and increase flexibility in subject offerings.
You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience and have the capability to work within our teaching teams. Casual work may be available in lecturing, tutoring and marking in private and public law units and clinical offerings.
Please contact us via the Expression of Interest portal.
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.