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In Brief Issue #1111
14Jul
This week
It has been another relatively quiet week. Things will be back up to their usual pace next week
On Wednesday morning, I appeared in the Supreme Court to welcome the Honourable Justice Peter Gray given his recent appointment. His Honour was regarded across the courts as a quiet, but fierce and formidable advocate. Most recently, his Honour’s renowned intellect and work ethic saw him act as counsel assisting in the groundbreaking and extremely demanding Royal Commissions into Aged Care and Veteran Suicides. On behalf of the Bar, I wish his Honour every success in his new role. I have no doubt that he will serve with distinction.
On Thursday morning, Vice President Elizabeth Bennett S.C. appeared on behalf of the Bar at the welcome ceremony for her Honour Judge Diana Manova who has been appointed as Judge of the County Court of Victoria. Judge Manova established a reputation for warmth and kindness among her colleagues over the 20 years she was at the Bar. Her Honour served as Co-Chair of the Equality and Diversity Committee, and on the Student Engagement Committee. Throughout her career, colleagues highlighted her Honour’s calm, logical, authoritative, and thoughtful approach as an advocate. We wish her Honour all the best for the next stage of her career, and I thank Liz for delivering the welcome speech with her typical aplomb.
This morning, Fernando Gallieto, In-house lawyer in the Bar Office, is attending an initial consultation session at the Magistrates’ Court concerning the Court’s operating model for the new Wyndham Law Court Development. The development will seek to integrate a number of government services, and is designed to respond to the recommendations made by the Royal Commission into Family Violence. My thanks to Fernando for attending for us.
Next week
On Monday evening, I will be attending the official unveiling of the photographic portrait of Nimal Wikramanayake KC in the Peter O’Callaghan QC Gallery. The portrait unveiling will be a fitting tribute to Nimal’s many years of service and achievement at our Bar.
On Wednesday afternoon, I will be meeting with the Honourable Chief Justice Ferguson to discuss a few topics of mutual interest before attending the Supreme Court Prize Ceremony, which is the most prestigious academic prize for law students in the State. It was established in 1864 and was originally awarded to the top law student at the University of Melbourne each year. It was expanded to include the top scoring student at Monash University in 1968 and, since that time, has continued to expand. It now includes all eight Victorian universities offering a law degree. Many of our current members have received the award as students and I’m hoping to meet some future members at the event.
Some reminders
The ABA Conference is scheduled to be held on the Gold Coast in September. The Bar will be represented by a number of our members including the Hon. Mark Dreyfus KC MP, the Hon. Justice Michelle Gordon AC, the Hon. Justice Alstergren AO, Róisín Annesley KC, Matt Collins AM KC, Claire Harris KC, Martin Scott KC, Tomo Boston KC, and James Waters. The theme for this year’s conference is “Cornerstone: The Rule of Law”. It’s being held over the bye weekend before the AFL Grand Final. More details can be found on the event’s website here.
Next Tuesday will see the presentation of the Stephen Myall Award, recognising the significant achievement or outstanding contribution of a person who has demonstrated an ongoing commitment to social justice issues. His Honour Magistrate Stephen Myall was a well-loved and highly respected serving Magistrate at the time of his tragic death. During his time on the bench, and his many years as a legal practitioner, he was a passionate advocate for social justice particularly in relation to prison reform, rehabilitation initiatives and sentencing practices. His contribution to the judiciary, the legal profession and community at large was extensive and impressive. This annual event honours his memory. I hope everyone who attends has a great night.
Sam Hay KC
Thank you to those members who have paid their subscriptions by the due date. If you have not paid your Subscriptions for the 2023-2024 Financial Year, we ask members to make payment of your subscription now. Please click here. If you have any questions relating to your subscription, please contact membership or call on 9225 8326.
The Women Barristers’ Association (WBA) will be holding their Annual General Meeting on Wednesday, 26 July 2023, at 1:00pm, in Bar Council Chamber, Level 1, Owen Dixon East.
The AGM is open for all members to attend, and WBA also encourages new members to attend and join.
Further, the WBA wishes to put out a call for new committee members. Anyone interested in joining the Committee is welcome to send a nomination form to Shannon Finegan by no later than 12:00pm on Wednesday, 19 July 2023.
At the AGM, the Committee for 2023-24 will be elected and other business (including convenors report and accounts for the year) will be considered.
The Bar Council calls for expressions of interest from members who wish to be considered for appointment as a Director of the Victorian Bar Foundation.
The Victorian Bar Foundation was established to progress the interests of justice in Victoria and further legal education and training in our community. The Foundation is a not-for-profit organisation which enables the Bar and Bench to contribute to the community and causes outside the Bar itself.
Nominations close at 5:00pm, Monday, 17 July 2023 and should be emailed to sharni.doherty@vicbar.com.au.
Expressions of interest are sought from members interested in performing regulatory work for the Victorian Legal Services Board + Commissioner (VLSB+C) and the Bar.
The VLSB+C’s regulatory approach statement provides a detailed summary of the functions and regulatory activities of the VLSB+C, some of which are delegated to the Bar.
If you are interested in performing regulatory work, we encourage you to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise.
Please forward your expressions of interest to ED@vicbar.com.au. The closing date for this EOI is COB, 21 July 2023.
- 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.
- Developments in Expert Evidence: Implications for Criminal Lawyers is on 17 July 2023 from 5:15pm-6:15pm. This session explores recent developments in expert evidence, including lessons for criminal lawyers about becoming involved in briefing experts, and emerging topics such as gait analysis, footwear evidence, and the prejudice arising from particularly technical areas of scientific evidence. This is an in-person event and will also be available online via live stream. Click here to RSVP
- Commercial Bar Core Skills – Discovery, Subpoenas and Security for Costs is on 18 July 2023 from 5:00pm-6:00pm. Discovery, subpoenas and security for costs are bread and butter issues for the junior Commercial Bar. This seminar will equip the attendees to deal with those issues at short notice. It will cover the basics of each topic, with references to current Victorian case law, and use selected case studies to illustrate the issues in practice. The materials will include a helpful 2-page “ready reference” guide on each topic. This is an in-person event for barristers only and will also be available online via live stream. Click here to RSVP.
- Common Law Pro Bono Work in the County Court- An Opportunity to Assist is on 20 July 2023 from 5:15pm-6:15pm. In this seminar the speakers will address the opportunities available to Common Law Bar members to accept pro bono referrals from the County Court to appear on behalf of self-represented litigants. This is an in-person event for barristers only. Click here to RSVP.
- BBlood in the Full Court: Section 100A is on 24 July 2023 from 5:15pm-6:15pm. This CPD is on the recent Full Federal Court decision in B&F Investments Pty Ltd as trustee for the Illuka Park Trust v Commissioner of Taxation [2023] FCAFC 89: the appeal from BBlood Enterprises Pty Ltd v Commissioner of Taxation [2022] FCA 1112, and the latest judicial consideration of section 100A. This is an in-person event and will also be available online via live stream. Click here to RSVP.
- Funding of class actions: group costs orders and common fund orders is on 25 July 2023 from 5:15pm-6:15pm. This session will provide an overview of funding in class actions, with a focus on group costs orders in the Supreme Court of Victoria and common fund orders in the Federal Court of Australia. The speakers will discuss whether those funding arrangements provide access to justice and analyse recent developments in the law. This is an in-person event for barristers only and will also be available online via live stream. Click here to RSVP.
- Audio and Visual Recordings in Family Law Matters is on 27 July 2023 from 5:15pm-6:15pm. This CPD considers the legality of audio or visual recordings and the use that can be made of these recordings in family law proceedings, with reference to Telecommunications (Interception & Access) Act 1979 (Cth), Evidence Act 2008 (Vic) and Surveillance Devices Act 1999 (Vic), as well as recent decisions. This seminar will also cover useful practicalities that practitioners should be aware of when faced with this complex area of law. 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.
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.
Studio 11 is proud to announce the Term 3, 2023 exhibition is installed for your viewing pleasure on Level 11 ODC East.
It comprises a medley of sculpture works by nine local sculptors and seven paintings by Anne Brennan. The acrylic on canvas paintings are inspired by lemon scented gums, Tasmanian forests and roadside trees in rich, organic colours with dynamic twists and turns. Sculpture works by Anderson, Ashkenazi, Ermer, Herreiner, Meszaros, Rickards, Stavovy, Whetton and Wilson speak to playful themes as well as the feminine, motherhood and life phases.
Works are executed in bronze, steel, timber and ceramic. You are invited to come see if you can resist Brown Dog and Scotty Dog at the very least.
There are 27 pieces on show, all of which are available for purchase. Works sheets together with Artist Biographies are ‘on the floor’. The exhibition runs from 10 July – 15 September 2023.
Studio 11 is a voluntarily run initiative. There is no commission payable on purchased works which are available for collection at the end of the exhibition.
Dear Essoign Club Members,
The Essoign Board would like to welcome Chris Kaias as the Club’s new Honorary Secretary.
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 attached
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!
The Confiscation and Proceeds of Crime List Practice Note has been updated. It replaces the previous version which commenced on 1 December 2018.
From October 2023, a new online case management system will be introduced for child protection proceedings in the Children’s Court of Victoria. This will change the way you interact with the court.
CMS Portal will provide legal professionals with a central secure online location to access case information, including case documents and reports, court orders and hearing dates.
We will provide information on registering for a CMS Portal account and provide dates for our demonstration sessions in the coming weeks. The sessions will include basic portal navigation, initiation and how to submit proposed minutes of consent orders electronically.
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, 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
The Annual Castan Centre for Human Rights Law Conference is the leading human rights conference in Australia, providing a vital health check on the state of human rights in Australia and overseas.
Date: Friday, 21 July 2023
Conference 9:15am - 4:30pm AEST
Venue: Online Only, Live Zoom Webinar
A gathering for delegates to join Castan Centre members and affiliates for a Closing Reception in person, at Monash University Law Chambers Melbourne, on the evening of the conference.
Closing Reception 5:30pm - 7:30pm AEST
Venue: In Person Only, Monash University Law Chambers, Melbourne
The conference has a lineup of incredible speakers who are leaders in the Human Rights sector. The Conference may also be credited toward CPD requirements. See the Law Institute of Victoria's Legal Compliance website for further information.
The Sir Zelman Cowen Centre warmly invites you to attend our Lawyers as Changemakers series.
Happening over May, June and July 2023, Lawyers as Changemakers is a three-part series focusing on Australian lawyers’ contributions and influence in shaping society for good, and the inspiration these stories provide to improve our communities now and into the future.
The final address of the series will be delivered by the Honourable Mark Dreyfus KC MP, Australia's Attorney-General, on the life and legacy of Sir Zelman Cowen. The event will be held in person at the Sir Zelman Cowen Centre (295 Queen Street Melbourne VIC 3000) on Thursday 27 July 2023, from 5.30-7.30pm (registrations start from 5:15pm).
Register here via Eventbrite.
Democratic Regression and the Rule of Law in Indonesia
2023 Miegunyah Distinguished Visiting Fellowship Public Lecture
Date & time: Thursday, 27 July, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton & Online
Presenters: Professor Jimly Asshiddiqie
Indonesia is a rising power in Asia and a crucial partner for Australia. It underwent sweeping democratisation after the collapse of Soeharto’s New Order regime in 1998 and was held up as a model for other Muslim societies. However, many see the last decade as a time of regression, with Indonesia’s ranking sliding in global democracy indexes, key institutions like the Anti-Corruption Commission and the Constitutional Court facing major challenges, and little progress on human rights. In this lecture, Miegunyah Fellow Professor Jimly Asshiddiqie, founding Chief Justice of Indonesia’s first Constitutional Court and a leading figure in legal and political change in Indonesia over the last two decades, will offer an assessment of the challenges to democratisation and the rule of law in Indonesia in the ‘post-truth’ era, and what could be done to reform the political system.
For those unable to attend in person, a livestream option will be available when you register.
Further information and registration
2023 Flos Greig Public Lecture
Women Making a Difference in the Law: Bridging a Gap Between Law and Life
Date & time: Wednesday, 2 August, 5:30pm - 7:00pm
Location: Old Quadrangle, Building (150) - North Entrance, Melbourne University
Presenters: The Hon. Marilyn Warren AC KC
The Hon. Marilyn Warren AC KC will analyse how women have made a difference in the law, giving an overview of the paths of women as practitioners, academics, reformers, and jurists since 1903, the year Flos Greig graduated as the first woman in law in Victoria. The presentation will also look to what the future holds for women lawyers. Flos Greig was a pioneer whose determination to practise as a solicitor advanced gender equality in the legal profession in Australia in the early twentieth century. Upon graduating from Melbourne Law School in 1903, Flos Greig undertook her articles with Frank Cornwall, later continuing her career with Cornwalls law firm. We hope you can join us for this opportunity to hear The Hon. Marilyn Warren AC KC speak. Light refreshments will be served from 5:30pm in the Foyer, with the lecture starting at 6:00pm in the Library (Level 1).
Melbourne Law School is delighted to have Cornwalls’ involvement in this annual lecture series, recognising Flos Greig’s pioneering spirit which transformed the bases of admission to the Australian legal profession.
Further information and registration
Living on in the Law: Naming Laws after Homicide Victims
The Peter Brett Memorial Lecture 2023
Date & time: Thursday, 17 August, 6:00pm - 8:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Presenter: Professor Arlie Loughnan
In recent decades, in Australia, a number of laws have been named after victims of crime. This practice, which Professor Arlie Loughnan calls eponymous law, now encompasses the creation of numerous new laws or legal amendments. In this lecture, Professor Arlie Loughnan points to this practice as a fascinating aspect of the making of criminal law. She will focus on two dimensions of the practice of naming laws after homicide victims. First, this practice is a way in which the families of the crime victims give meaning to their loss through crime. An examination of publicly reported statements by victims’ families reveals a wide range of motives, from honouring the victim to helping to ensure other families do not go through the same trauma. Professor Loughnan asks if this practice reflects the rise of popular punitivism in the current era. Second, eponymous law represents a distinct aspect of the changing relationship between criminal law and victims of crime. This becomes apparent through the contextualisation of this practice as emerging against a background set by the rise of the victims’ rights movement in Australia from the 1970s, the massive growth of criminal legislation since this time, and an apparent increase in the political popularity of victim-oriented law reform. What does this mean for the place of criminal law in contemporary Australian society?
Please join friends and colleagues of Melbourne Law School after the lecture for post-reception drinks and light refreshments from 7:00pm.
Deakin Law School would like to invite members of the Victorian Bar to arbitrate in the 2023 Alfred Deakin International Commercial Arbitration Moot, proudly sponsored by Allens Linklaters and CIArb.
This competition provides the opportunity for over 140 students from across 12 countries to hone their international commercial law skills, network with like-minded young lawyers, and practice in-court advocacy.
This year's competition will take place via Zoom on 4 and 5 September (Preliminary Rounds) and 11 and 12 September (Elimination Rounds and Finals).
To register to arbitrate for this year's competition, please click here.
For more information regarding the Moot, please click here.
Register to Judge - 11th Michael Kirby Contract Law Moot Competition 25 - 28 September 2023
We would like to invite barristers to participate in the 11th annual Michael Kirby Contract Law Moot Competition, 25 - 28 September 2023, at Victoria Law School, Melbourne.
Click here and add your availability details.
ABOUT THE KIRBY MOOT
Australia’s only Contract Law Moot, the Kirby Moot, is one of the largest competitions of its kind. It is a fixture in the legal calendar and has support from the County Court of Victoria, members of the Victorian Bar, various law firms and legal training institutions.
WHAT YOU CAN EXPECT
- University participation from across Australia.
- Only two teams per university will be eligible to register.
- A moot problem closely resembling a real-life contract law dispute.
- Students gain formative, regular feedback from practitioners. They develop fundamental lawyering skills, including problem-solving, legal analysis, reasoning and research, communication (oral and written), management and teamwork.
For more information, please visit the website here.
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, 20th July 2023