In Brief Issue #1105

2Jun
Sam Hay KC
President

Last Friday night’s Bar Dinner was a real success. My sincere thanks go to Dr Stephen Donaghue KC for delivering an extremely well-constructed, thoughtful, and very funny keynote speech, and Emmerson Dodge for providing our live entertainment at the end of the night. Members should know that our Bar Office staff put in a huge effort to ensure the evening went smoothly. I would like to make special mention of Stephen Porter, Matt Reddin and Miranda Tulloch. And, as she always does, Amanda Utt put in a power of work to pull it all together. Planning for next year’s event is already underway. At our next Bar Council meeting later in the month, we will discuss whether to change the day of the dinner, perhaps to a Saturday. If you have any views about that, please let me or one of the other Bar Councillors know.

On Monday evening, I attended a reception at Government House to mark the Coronation of their Majesties King Charles III and Queen Camilla. In her typically polished style, the Governor, Her Excellency the Hon. Linda Dessau AC CVO, gave a speech about her attendance at the Coronation in London and some of the charitable activities that her Excellency and Mr Howard AM KC have recently participated in as part of the Big Help Out.

On Wednesday afternoon, Vice Presidents Gina Schoff KC, Elizabeth Bennett S.C. and I met with the Honourable Chief Justice Debbie Mortimer at the Federal Court. Tania Wolff and Adam Awty from the LIV were also there as part of a listening tour that her Honour is doing around the country. We discussed several matters relevant to the Court’s operation including its National Practice Area structure, and the ways in which feedback between the Court and the profession is currently managed. The meeting was followed by an informal lunch with members of the Court, Bar Councillors, and some members of the solicitors’ branch of the profession. My thanks to the Chief Justice for inviting us all.

Last night we held our second substantive meeting of the Preliminary Evaluation Committee (PEC). As foreshadowed in last week’s In Brief, the names of the current PEC members are now on our members' website. As part of its work, members of the PEC contact silks to discuss their experience of applicants’ work in the courts. If you get a message to call one of the PEC members, please return the call promptly if at all possible. Doing so helps us get through the work efficiently and effectively.

On Monday next week, along with David Hallowes S.C., I will be meeting with representatives of the Ignatius Learning Centre (which is part of Jesuit Social Services) to discuss its program, which is aimed at boys aged 15-17 who are involved with the youth justice system. We will discuss ways to strengthen referral pathways for young people with complex needs.

On Wednesday, I’ll be meeting Maria Dew KC, President of New Zealand Bar Association, along with Gina Schoff KC, Amanda Utt and our Senior In-house Legal Counsel, Kai Li Zhu. Among other things, we will discuss matters relevant to the regulation of the profession in our respective jurisdictions, and some potential areas for closer collaboration between our two Bars. I’m also looking forward to lunch on Wednesday with Professor Bryan Horrigan, Dean of the Faculty of Law at Monash University, and then a farewell reception for the Governor to be hosted by the Honourable Chief Justice Alstergren AO.

As to the poll in respect of the Voice issue, you will have seen that voting has now opened. Financial members in Division AI can cast their votes until 4:00pm on Thursday, 8 June 2023. On Monday, the supporting material was emailed around once again, and it is also available on the Vero website.

The Bar’s Digital Courts Survey 2023 is still open. I encourage all members to take the opportunity to pass on what has worked, and what has not worked, during recent experiences in online hearings. The information we capture from the survey will help frame our advocacy to the courts and tribunals, so please take the time to fill it in if you can. It takes less than a minute. It is only a page long.

I would also like to encourage members who are of less than 6 years’ call to attend the forthcoming half day Junior Bar Conference on 23 June. It will feature the State Attorney General, Jaclyn Symes MP, and focus on practice development. It will also provide an opportunity to network with immediate peers and more senior practitioners (including some relatively recently minted silks). When registering, don’t forget to submit your question for the “You Can’t Ask That” silks’ session. This is a great opportunity to ask questions from a panel of experienced silks with diverse practices.  If you have already registered and didn’t submit a question but would like to, you can send your question to education@vicbar.com.au.  All questions will be treated confidentially. You can find out more about the conference here.

Members were required to renew their Professional Indemnity insurance with the LPLC by 31 May 2023. While you are thinking about insurance, I urge you to consider whether to take out top-up cover with Affinity Risk by Friday, 30 June 2023. The LPLC policy has a costs inclusive policy limit. That means that the defence costs that are incurred in responding to a claim erode the cover provided. In a large claim, that can make a real difference to insureds. And that is so, even if your liability is limited under Professional Standards Legislation. You should also note that the LPLC policy does not cover the defence costs of most disciplinary proceedings, whereas the Affinity Risk policy does. In recent years, some members have suffered financially because of the gaps in the LPLC coverage. Finally, those contemplating retirement in the next year should consider the potential benefits of the runoff cover provided by top-up insurance. Here endeth the insurance sermon.

Members should have received an email on Wednesday from the ABA about its upcoming Cornerstone 2023: The Rule of Law Conference to be held at the recently opened Langham Hotel on the Gold Coast between 21-23 September. Registration details can be found below. I’m looking forward to it.

Finally, a little while back I mentioned a speech given by his Honour Justice Stephen O’Meara at a recent Readers’ Dinner. It can now be found on the Supreme Court’s website by following this link. I encourage everyone to read it.

Sam Hay KC

 

Vicbar News & Events
Appointment — His Honour Judge Edward (Ted) Winslow Woodward

Supreme Court of Victoria

The Honourable Chief Justice Ferguson of the Supreme Court of Victoria has advised us that the Executive Council appointed his Honour Judge Edward (Ted) Winslow Woodward as a Judge of the Supreme Court of Victoria effective 5 June 2023, and as President of the Victorian Civil and Administrative Tribunal effective 1 July 2023.

Details of the welcome ceremony will be advised when they are known.

Practising Certificates — renew before 30 June

Members must renew their PC before 30 June to continue to practise on 1 July. Members who renew after this date may incur a late renewal surcharge from the LSB+C.

The deadline for renewing your PII premium was 31 May 2023, and if you have not already done so, please renew online here. You must renew your insurance to first to complete the PC renewal.

Information on renewing practising certificates can be found on the VicBar website here.

Links for online lodgement, which can be found on the above webpage, will be available from the LSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website.

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, or you can contact the Bar office for assistance). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form.

Once you have completed the renewal process, you will receive an email from the LSB to confirm that your PC has been issued. You will then be able to download it via LSB Online.

If you experience technical difficulties with LSB online, please contact the VLSB+C via their lawyer enquiry form in the first instance. 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 7111.

Junior Bar Conference 2023

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 and will feature an address by 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

CLICK HERE TO RSVP

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.

Call for Expressions of Interest for appointment to the Readers’ Course Committee

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:

  • Determining the content of the Readers’ Course and overseeing its organisation and delivery;
  • Overseeing the conduct and assessment of the Entrance Exam for the Readers’ Course;
  • Coordinating training for instructors in the Readers’ Course;
  • Publishing statements from time to time describing the role and duties of a mentor; and
  • Reviewing the Application and Reading Regulations and, making appropriate recommendations to the Education and Professional Development Executive.

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.

Federation Press — Legal Publisher Visit

Trisha Valliappan and Jason Monaghan, publishers from The Federation Press, will be visiting Owen Dixon Chambers on Wednesday, 7 June. They will be showcasing their latest releases and they will be available to discuss law book proposals. Please visit them in the foyer of Owen Dixon Chambers East between 8:30am and 4:00pm. If you would like to set up a specific time to meet, please email publishing@federationpress.com.au

BCL Updates
  • Manage and pay for all of your BCL software subscriptions in one place including newly available Dropbox Enterprise. For more information click here to see our recent communication.
  • 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.
Victorian Bar member CPD and events

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.

  • Challenging Clients, Impossible Instructions is on 5 June 2023 from 5:15pm-6:15pm. This seminar will discuss your ethical obligations and everything else you need to know about acting for clients who ask you to make meritless arguments, won’t make concessions, and refuse to give sensible instructions – “on principle!” This is an in-person event and will also be available online via live stream. Click here to RSVP.
  • Practice Development – Practice building including a discussion about promotion/blogging is on 6 June 2023 from 5:15pm-6:15pm. There are many ways to build a practice. Ever wondered how you could do it better? Three barristers share their experiences using different techniques for practice building with blogging, LinkedIn, Twitter and branding. This is an in-person event only. Click here to RSVP.

For more upcoming CPD events, please visit our listings here.

Vicbar Life
Member survey on in-court digital technology experiences

Since the Covid pandemic, a range of digital technologies have been used by barristers in their practice. These include video conferencing platforms for online hearings, electronic filing portals and internet and technology services provided by BCL (Barristers’ Chambers Limited). Members are asked to participate in a brief survey to measure the overall use and impact of digital technologies, with answers set to contribute to how widespread the technologies are used moving forward. To participate in the survey, click the link here.

Hilton Melbourne Little Queen Street

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 Essoign Club

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

Member Benefits portal for Bar members

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.

Click here for a special Limited Time offer on MYOB Business.

Practice & Profession News
Judicial Conduct Guideline on Judicial Bullying

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

Judicial College Sentencing Manual – Case Summaries expanded with new County Court sentencing decisions

The Judicial College of Victoria has updated its Sentencing Manual – Case Summaries resource to include County Court sentencing decisions from July to December 2021.

These summaries describe the principal facts of the decisions and identify the final sentencing outcome for each case.

This update comprises 570+ recently published sentencing decisions, including:

  • 223 property and dishonesty offence summaries
  • 110 sexual offence summaries
  • 89 drug offence summaries
  • 73 causing injury and other offences against a person summaries

Additionally, the College is currently summarising all 2022 County Court sentencing decisions, which will be published incrementally by the end of this year.

Access the resource.

Pride in Law launches Victorian chapter with Chief Justice Anne Ferguson providing Keynote address

Pride in Law have published a media release regarding the launch of the Victorian chapter with Chief Justice Anne Ferguson providing Keynote address.

Click here to view the media release.

Tour of the Richard Griffith Library

Have you heard about the Richard Griffith Library but have never visited? Held in person at the Richard Griffith Library, this short 15-minute tour with a Law Library Victoria Reference Librarian, will demonstrate how to access the library, point out collections and provide an overview of online subscriptions.  

Location: Richard Griffith Library, Level 1, Owen Dixon East

Thursday, 1 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 8 June 2023. 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 15 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 22 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 29 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 20 July 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 24 August 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 21 September 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 26 October 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library 

Thursday, 23 November 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

 

Profession CPD & Events
Australian Bar Association Conference: CORNERSTONE 2023

Registrations for the 2023 ABA Conference, ‘CORNERSTONE 2023’ are now open. The conference will be held at the Langham Hotel on the Gold Coast between 21-23 September. This year’s theme is “The Rule of Law”, which was chosen in response to the many issues facing Australia and the region that raise concerns or threats, for which the Rule of Law provides protection against under our system of government. Places are limited and will be allocated on a first-come, first-served basis. You can register here.

Lawyers as Changemakers series — Ike Nwokolo on the pursuit of social justice

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.

Emerging Challenges in the Management of Sexual Assault Trials

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: 

  • Deputy Chief Judge Meryl Sexton, County Court of Victoria
  • Detective Sergeant Katrina Carr (Specialist Investigations Training, Queensland)
  • Professor Andres Harfuch, University of Argentina
  • Nina Funnell, journalist and victim advocate
  • Dr Danny Sullivan, Forensic Psychiatrist
  • Matt Weatherson, Judicial College of Victoria

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.

Coming up: A Lawyer's Guide to HeinOnline, presented by Law Library Victoria, Wednesday 14 June

Free for Vic barristers, HeinOnline is a major legal database. In this lunchtime webinar we'll show you what it has and how to use it, including UK law reports, US and Canadian legal material, Australian journals, plus hidden gems.

Reserve your place.

IBA Annual Conference – Paris

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:

LinkedIn

Twitter

Careers & Opportunities
Legal Consultant – Human Rights Scrutiny of Acts and Regulations Committee

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.

Expression of Interest now open — Casual Sessional Teaching

Monash Law is one of the largest and most dynamic law schools in Australia. We seek 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 to maintain a high quality in teaching and learning and to 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 you have the capability to work within our teaching teams. Casual work may be available in seminar teaching, tutoring and marking, in private and public law units and clinical offerings at Clayton and in the City Chambers. We have particular need for tutors in Torts, Constitutional Law, Evidence, Civil Procedure and Administrative Law, for classes during business hours.

Please contact us via our Expression of Interest portal.

In Brief submissions

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, 8th June 2023