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In Brief Issue #1107
16Jun
I hope you enjoyed the long weekend and the short week that followed. I would like to take this opportunity to congratulate our members who received awards in the King’s Birthday Honours List: his Honour Michael Strong, who was appointed a Member of the General Division of the Order of Australia (AM); and Tim North KC and Stephen Wilmoth, who were awarded Medals of the Order of Australia (OAM). Each is a very worthy recipient who has done our Bar proud. Well done.
On Tuesday this week, along with Amanda Utt, I attended a Law Institute of Victoria/VicBar quarterly meeting with the LIV President and CEO. Among other things, we spoke about some ideas to try and reduce the overlap that can sometimes occur in welcome speeches. (For several logistical reasons, this is actually harder than it sounds, but we are looking into it.) We also discussed some areas of common concern regarding the recovery of costs in litigious matters.
On Wednesday afternoon, a VicBar contingent met with Maria Dew KC, President of the New Zealand Bar Association, after last week’s planned meeting was rescheduled. We discussed some of the similarities, and some of the important differences, in the ways our respective Bars operate and are regulated. Those differences are relevant to questions concerning mutual recognition that sometimes arise between our two jurisdictions. We also discussed the possibility of conducting some joint CPD sessions on topics of mutual interest. We plan to meet again in September.
At lunchtime on Thursday, I attended a regular meeting of the Pro Bono Committee, where a couple of things emerged. There is very solid uptake for cases placed on our Pro Bono platform for matters being heard in the Supreme Court. The uptake for County Court matters is good, but not as strong. I would urge members to sign up to receive those emails and to actually click on links within them to learn about jobs that are posted. Not all cases involve acting for a client. In several instances, courts have asked for pro bono counsel to act as amicus curiae rather than for a party. Acting as amicus can be a great way to assist the court and get exposure to judges in the higher jurisdictions. Of course, you should only take on a case if you truly have capacity to do so and can competently render the required assistance.
While on the topic of pro bono assistance, this week I received a letter from Peter Collins, Director of Legal Services at the Aboriginal Legal Service of Western Australia (ALSWA). Peter wrote to me about the pro bono advice and representation provided to one of ALSWA’s staff members by John Kelly S.C. (prior to his Honour’s appointment to the County Court), Justin Hannebery KC, Joanne Poole, and Felicity Fox. My thanks go to his Honour, Justin, Joanne and Felicity for their first-rate efforts in successfully defending a person in need on the other side of the country for such an extended period.
On Thursday afternoon, I met with Liberty Sanger from Maurice Blackburn in her capacity as Co-Chair of the Victorian Ministerial Taskforce on Workplace Sexual Harassment. Among other things, we discussed a proposal to regulate the use of non-disclosure/confidentiality clauses in settlement agreements in workplace sexual harassment claims. I look forward to continuing to consult with Liberty about this issue in the coming months.
There were three events on Thursday evening. I attended the launch of the John Middleton Scholarship, which has been established by the Melbourne Law School (MLS) to acknowledge John’s long and distinguished career. The scholarship is targeted at students from regional and rural areas who are experiencing disadvantage. Now that it has launched, MLS will be able to award students a $30,000 Access Scholarship (paid over 3 years). Philip Crutchfield KC and Alexander Di Stefano led the appeal to raise the necessary initial corpus. You can read about the new scholarship here and donations can be made here. Thanks to Philip and Alexander for the invitation, and to the partners of DLA Piper for hosting the event.
While I was at the MLS event, Vice President Liz Bennett S.C. spoke at the launch of the 2023 William Ah Ket scholarship, which was hosted by the Bar in the Peter O’Callaghan Gallery. The scholarship is awarded to the applicant who produces the most outstanding research paper on a topic relating to equality, diversity and the legal profession or the law. The event was well attended, with a focus on the great strides the profession has made towards greater diversity, and of course the work that still needs to be done. Liz said it was a particular pleasure to welcome William Ah Ket’s great grand-daughter, Blossom Ah Ket, to speak. Thanks to the Bar Office team for pulling it all together.
The third event was a function held at the Essoign by the Innovation & Technology Committee to mark the commencement of the latest intake of the Reverse Mentorship Scheme. The program matches junior members of counsel (who are tech savvy) with more senior members (who are less tech savvy) to help the latter group become more comfortable with technology. This year, 18 mentors and mentees were successfully paired. Vice President Gina Schoff KC and 10 members of the I&T Committee were in attendance. My thanks to Michael Wise KC (as Chair) and the other members of the Committee for facilitating the Scheme.
Next Monday I will be attending the launch of the Victorian Community Legal Sector 10-Year Plan with the Law Institute of Victoria, and have a meeting scheduled with Fiona Bennett, Chair of the Victorian Legal Services Board. Wednesday morning will see the welcome for the Honourable Justice Ted Woodward in the Banco Court of the Supreme Court. His Honour made an outstanding contribution to our Bar, including as a member of Bar Council for nearly four years. He served for more than six years on the Bar’s Ethics Committee, including as Chair and Deputy Chair. He also served with distinction in the County Court, including as Head of the Commercial Division.
The Junior Bar Conference is on Friday next week. If you are under six years’ call, it will be an excellent opportunity to learn practice development skills, hear from leading industry figures, and hear answers to some pointed questions from leading Silks. I’ll be introducing Victoria’s Attorney General, the Hon. Jaclyn Symes MP as keynote speaker. I’ll also be attending the post-conference networking event at the Essoign. The conference is being sponsored by LegalSuper, LexisNexis, Legal Home Loans and Hnry.
There are some places still available if you are keen to attend. There are just a few tickets left for the dinner we are hosting to celebrate the appointment of the Honourable Mark Dreyfus KC, MP as Commonwealth Attorney General. It will be held on 28 June and members can buy tickets here.
Finally, I would like to inform members of the launch of the Filipino Australian Lawyers Association (FALAW), which will occur on Wednesday, 5 July 2023 between 5:30 - 7:30pm at the offices of the Philippine Consulate-General in Victoria. Our own Jayr Teng will be Vice-President of FALAW once it is up and running. You can RSVP for the event here.
Sam Hay KC
Supreme Court of Victoria
The Honourable Chief Justice Ferguson of the Supreme Court of Victoria has advised that the Executive Council appointed the Honourable Justice Peter Robert Darling Gray and the Honourable Justice Patricia Anne Matthews as judges of the Supreme Court of Victoria effective 14 June 2023. Details of the welcome ceremony will be advised when they are known.
County Court of Victoria
Her Honour Judge Diana Manova
The Honourable Chief Judge Peter Kidd of the County Court of Victoria has advised that the Governor in Council appointed her Honour Judge Diana Manova as a Judge of the County Court of Victoria effective 14 June 2023. A welcome ceremony to mark the appointment of her Honour Judge Diana Manova as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3 of the County Court of Victoria, Level 3, 250 William Street, Melbourne on Thursday, 13 July 2023 at 9:15am.
Her Honour Judge Robyn Louise Harper
The Honourable Chief Judge Peter Kidd of the County Court of Victoria has advised that the Governor in Council appointed her Honour Judge Robyn Louise Harper as a Judge of the County Court of Victoria effective 14 June 2023. A welcome ceremony to mark the appointment of her Honour Judge Robyn Louise Harper as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3 of the County Court of Victoria, Level 3, 250 William Street, Melbourne on Tuesday, 4 July 2023 at 9:15am
Federal Court of Australia
A welcome ceremony to mark the appointment of the Honourable Justice Emilios Kyrou AO as a Judge of the Federal Court of Australia will be held in Court 1, Level 8, Federal Court of Australia, 305 William Street, Melbourne on:
Wednesday, 28 June 2023 at 9:30am
Supreme Court of Victoria
A welcome ceremony to mark the appointment of the Honourable Justice Ted Woodward as a judge of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Wednesday, 21 June 2023 at 9:15am
Order of Australia
The Bar congratulates the following members of our Bar who received awards in the Order of Australia:
MEMBER IN THE GENERAL DIVISION (AM)
His Honour Michael Strong AM
MEDAL IN THE GENERAL DIVISION (OAM)
Tim North OAM KC
Stephen Wilmoth OAM
We also congratulate all members of the legal profession who have received awards.
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.
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 ends 16 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, LexisNexis and Hnry.
- To continue using BCL's Technology Services all members of the Bar must accept the new BCL Communications and Technology Terms and Conditions by 30 June 2023. If not accepted, access to your BCL technology services may be removed. Click here to read and accept.
- If you’re traveling overseas make sure you can access your BCL technology services such as your @vicbar.com.au email and Microsoft 365 from abroad. Click here to set up international access.
- Manage and pay for all your BCL software subscriptions in one place including newly available Dropbox Enterprise. 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.
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.
- Representing women in the Criminal Justice System – why a gendered response is needed is on 19 June 2023 from 5:15pm-6:15pm. This training session will involve a panel discussion on why providing a gendered response is vital when assisting women in the criminal justice system. It will address questions around what a gendered response looks like, what trauma-informed practice means in the criminal justice space, the importance of a holistic response and considerations of cultural competence and cultural safety when working with Aboriginal and Torres Strait Islander clients. This is an in-person event and will also be available online via live stream. Click here to RSVP.
- Vicarious Trauma: an emerging psychosocial hazard is on 21 June 2023 from 5:15pm-6:15pm. In this seminar forensic psychiatrist, Assoc. Prof Andrew Carroll, will discuss the concept of ‘vicarious trauma’ and briefly explore the psychobiology of empathic responding. Assoc. Prof Carroll will also discuss the landmark case of Kozarov v Victoria (2022) 273 CLR 115 and outline a model for a pragmatic approach to the challenges posed by psychosocial hazards like that encountered by the appellant. This is an in-person event and will also be available online via live stream. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
The VicBar Choir invites you to join its group. A new term has commenced.
Time: 1:00pm-2:00pm, Thursdays.
Dates: 2 March to 6 April 2023
Cost: $30 a week (Please ask for a discount if you need one) – $150 a term.
For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
Click here for the flyer.
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 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.
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.
Click here for a special Limited Time offer on MYOB Business.
The Governor in Council has recently appointed Sam Hay KC and Jacinta Lewin as new legal practitioner members of the Victorian Legal Services Board. Incumbent Board member, Liz Harris, was also re-appointed for a further four-year term.
Our Chairperson, Fiona Bennett, has issued a statement about these appointments.
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.
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, 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
World Refugee Day is about focusing on the rights of refugees, their needs and how we can create solutions for inclusivity and understanding. This year the theme of World Refugee Day is ‘Finding Freedom’ a sentiment that is near and dear to many refugees around the world.
Sir Zelman Cowen Centre and HOST International understand that we can do more for refugees in Australia and that we can only take a step in the right direction by hearing from the community and Aid organisations.
For this, we are hosting a joint event on 22 June 2023 at 5:30pm to celebrate the World Refugee Day by a conversation with UNHCR Deputy Regional Representative. Come be part of this important discussion, network with likeminded individuals and show your commitment to finding freedom for humanity.
Venue: Sir Zelman Cowen Centre, 295 Queen St, Melbourne (entrance via Little Lonsdale St)
Time: 5:30pm to 7:30pm
Click here to view the flyer.
We are thrilled to announce that LAWASIA and The Bar Association of India have officially opened registrations for the highly anticipated 36th LAWASIA Conference which will be held in the vibrant city of Bengaluru, India, from 24 to 27 November 2023.
The LAWASIA annual conference has a long and proud tradition of bringing together legal professionals from across the Asia-Pacific region and beyond, to exchange ideas and expertise, and to explore the latest developments in law, including Family Law, Human Rights & Rule of Law, Business Law, Environmental Law, Alternative Dispute Resolution, Criminal Law, Intellectual Property.
Register at early bird rates HERE.
The ACT Government is currently seeking expressions of interest for the appointment of a new President of the ACT Civil & Administrative Tribunal. The position is appointed by the ACT Executive, and has an expected commencement date of January 2024. The requirements and selection criteria for appointing a tribunal president are contained in the ACT Civil and Administrative Tribunal (Presidential Appointment Requirements) Determination 2016, found here. Information regarding this appointment is available on the Justice and Community Safety Directorate’s website at www.justice.act.gov.au. Expressions of interest should be directed to sharni.doherty@vicbar.com.au.
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.
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, 22nd June 2023