This week
On Wednesday, an article was published by The Australian which drew attention to our stance on the federal government’s draft Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 (Cth). The Bill is part of an effort to control the dissemination of misinformation and disinformation on social media platforms. While this is a noble intent, as I highlighted last week, the Bar is concerned that the Bill’s response to the identified danger is insufficiently sensitive to, and protective of, freedom of expression and related privacy interests. For the reasons articulated in our submission, we respectfully urge the government to scrap the Bill.
Also on Wednesday, I attended the official unveiling of the latest addition to the Peter O’Callaghan QC Gallery. It is a striking, realist portrait of one of the Gallery’s most ardent champions, Peter Jopling AM KC. It was a very successful evening, one among many such evenings we have held in the Gallery over the years. Peter joined the Art and Collections Committee in 2009 and served as its chair from 2012 until 2020. He was the driving force behind setting up the Gallery as a standalone legal entity with tax deductible status. He was also the principal proponent behind the History of the Bar publication in 2022. Peter was in high demand as an advocate right up to the last day before his retirement. As I said at the event, current and future generations of barristers are in Peter’s debt for all the work he has done to preserve our history. My thanks go to Eddy Gisonda, who spearheaded the push to raise the funds for the portrait and gave an excellent speech on the night.
Last night we held a special purpose Bar Council meeting to discuss the BCL rent rise matter that I have previously written about. Along with Gina Schoff KC, the Hon. John Digby KC, and Paul Clark, since the middle of May, I have had a series of meetings and conversations with floor representatives about the issue. We are now at a point where a further proposal regarding the new pricing model has been considered by both Bar Council and the BCL board. I will send out a communication to all members early next week to let everyone know where we have landed.
Next week
On Thursday evening, I will be attending a dinner to mark the retirement of Ross Gillies KC. Ross turns 80 today after 56 years at the Bar. I expect Ross will be known to almost everyone. He is a brilliant advocate, a remarkably funny after dinner speaker and, most importantly, a thoroughly decent and kind person. A few things stick out in my mind that bear repeating here, on the day of his retirement: I recall a Bar Dinner many years ago at which a previous Attorney-General was in attendance and Ross was the MC. At the time, we were in the middle of a dispute with the Government about its (since shelved) proposal to appoint acting judges to superior courts. With his typical humour and skill, Ross dealt with the issue by welcoming the Attorney to the event as an “acting guest” much to the delight of all in attendance (including the Attorney). Ross has been the ‘go to’ barrister for colleagues and clients in difficult situations. I recall reading a transcript of Ross deftly diffusing a conflict between a very senior judge and a very eminent member of senior counsel with tact, just the right amount of firmness, and just the right amount of levity. On behalf of members, I congratulate Ross on a truly stellar career, and I thank him for all that he has done for our institution.
I will be heading to Brisbane on Friday to attend the Bar Dinner of the Queensland Bar Association. It will be followed on Saturday by the quarterly Australian Bar Association meeting. Speaking of Queensland, the speakers list for the 2023 ABA Conference in September on the Gold Coast has been updated. It now includes 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, James Waters, and Premala Thiagarajan. Details can be found on the event’s website.
Other matters
This year’s implementation of the SEC’s shadowing program is nearing the end of its first round. It has been very well received. The program matches barrister mentors (or floors) with students and is aimed at students who otherwise do not have links to the Bar. The next module, involving students from Deakin University, kicks off on 14 August. I would like to thank Tim Farhall and Sebastian Reid as co-chairs of the Student Engagement Committee, and of course the team in the Bar Office, for their excellent work in delivering such a successful and popular program.
Finally, the Lawyers Weekly Women in Law Awards are happening again in 2023. Submissions and nominations are now open. The awards will celebrate the female leaders, role models and future champions of the profession. You can submit or nominate via the link above.
Sam Hay KC
The Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP, seeks expressions of interest from suitably qualified persons for appointment to the Federal Court and the FCFCOA. The Attorney-General advised that, whilst EOIs are sought across all Registries, the NSW and Victorian Registries of the Federal Court are particularly seeking appointees. Judges of the Federal Court and the FCFCOA are appointed by the Governor-General for a term that expires on the appointee attaining the age of 70.
Expressions of interest are sought from people with substantial legal experience and knowledge of the jurisdiction of the two jurisdictions, who have demonstrated a high level of integrity, sound judgement, interpersonal skills and communication skills, and the ability to conduct hearings.
Potential applicants are encouraged to consider the statutory requirements under s 6(2) of the Federal Court of Australia Act 1976 (Cth) and s 11 and s 111 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).
Further information relating to the remuneration and terms and conditions of judicial officers can be found in the Judicial and Related Offices – Remuneration and Allowances Determination on the Remuneration Tribunal website.
To be eligible for appointment, applicants must be willing to disclose all interest, pecuniary or otherwise, that may conflict with the performance of duties.
Those wishing to submit an expression of interest should complete the ‘Expression of Interest form’, which is accessible by clicking here. Candidates are required to provide their curriculum vitae details using the official format required by the Government.
Further information about the positions can be found here, whilst direct enquiries can be sent to JudicialAppointments@ag.gov.au. Kindly note that applications are due by 11:59pm (AEST) on Friday, 4 August 2023.
The Attorney-General’s Department is currently seeking nominations for suitably qualified candidates for appointment as Commissioners of the Australian Reform Commission to conduct the national inquiry into justice response to sexual violence. Two part-time Commissioners will be appointed to conduct the recently announced national inquiry into justice responses to sexual violence.
The advertisement and candidate information pack for the positions is accessible here.
Information about the position, including remuneration, eligibility and selection criteria, and details on how to apply is available on the Attorney-General’s Department website Careers page accessible here.
Applicants will be initially assessed by a panel on their written application and shortlisted applications will be further assessed by the panel at interview. Please note that applications should be emailed to Sexual.Violence.Responses@ag.gov.au by 11:59pm (AEST) on Sunday, 6 August 2023.
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.
Dear Essoign Club Members,
We are open daily from 7:30am – till late
Breakfast - for dine-in or takeaway.
Lunch – Daily Café Menu take away or delivery.
Lunch Dine-In – A La Carte from midday.
Bar – EVERY EVENING – $5 Beer & Wine from 4.30pm – 5.30pm with light snacks available.
Catering & Events – For all occasions including:
Breakfasts
Cocktail Parties
Dinners
Platters for:
Lunches
Morning & Afternoon tea
Or something special you may have in mind
See Catering and Events Pack 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!
Introducing eFiling for subpoenas for production only in family law
The Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) are pleased to advise that in response to feedback from the profession, and as part of the Courts’ commitment to modernising court processes, we are introducing eFiling for family law 'Requests to issue a subpoena'. Initially, eFiling will only be available for subpoenas seeking the production of documents where there is an ongoing family law final orders application.
From Monday, 31 July 2023, the new ‘Request to Issue a Subpoena’ option is available on family law final orders applications in the Commonwealth Courts Portal.
As part of this change, a new ‘Subpoena (Family Law) Cover Sheet’ will be applied by the Court to each family law subpoena, once it has been issued. The cover sheet outlines the last date for service, the date for production and how/where to produce the documents requested under subpoena. A cover sheet will be applied to all family law subpoenas, including those that are not eFiled or cannot be eFiled (I.e. subpoenas requiring attendance and subpoenas requiring attendance and production).
There are plans to introduce eFiling for all family law subpoena types in the future, however at this stage, eFiling will not be available for subpoena against applications other than final order applications (e.g. interim applications, contravention applications) or subpoena for attendance / attendance and production of documents.
New subpoena forms
Separate subpoena forms are being released for family law and general federal law/migration. The Notice of objection – Subpoena is also being updated and removed from the end of the subpoena forms. It will be available separately on the Courts’ website.
From Saturday 29 July 2023, the following new subpoena forms are available here:
A grace period for the use of the old forms will extend until close of filing on Friday, 29 September 2023.
Producing subpoenaed documents in family law
Subpoenaed material cannot be produced through the Commonwealth Courts Portal. Where possible, documents should be produced by sending an email to the court location set out on the ‘Subpoena (Family Law) Cover Sheet’. All family law registries now have a discrete generic subpoena email address e.g. [location].subpoena@fcfcoa.gov.au.
Further information on issuing subpoenas in family law is available on the Courts’ website.
The County Court (Chapter I Service and Default Judgments Amendment) Rules 2023 have now been published: Service and Default Judgments Amendment Rules
As of 1 August 2023, r 21.02 is amended to provide that on a defendant’s failure to serve a defence within the time prescribed, the plaintiff may serve a Form 21A notice on the defendant (which informs the defendant that the plaintiff intends to enter or apply for default judgment against them). On the defendant’s failure to again serve a defence within seven days of this notice, the plaintiff is then entitled to enter or apply for default judgment. New Form 21A is contained in the Rules.
The Commercial Registry have reviewed and applied changes to processes to ensure compliance with the amendments.
The Registrar Enforcements will not entertain an application for default judgment defence or counterclaim unless the supporting affidavit proves;
(a) the defendant's failure to serve a defence within the time limited;
(b) the service on the defendant of the notice under paragraph (1); and
(c) the defendant's failure to serve a defence within seven days of service of that notice.
The Magistrates’ Court are providing an update arising from amendments contained in the Justice Legislation Amendment (Sex Offences and Other Matters) Act 2022, which come into force on 30 July 2023. The amendments implement several key recommendations from the Victorian Law Reform Commission’s 2021 report ‘Improving the Justice System Response to Sexual Offences.’
From 30 July 2023, it is mandatory to hold a ground rules hearing (GRH) under Part 8.2A of the Criminal Procedure Act 2009 for all complainants who give evidence in criminal proceedings for a sexual offence.
To support these amendments, the Court has published two Practice Directions, which take effect on 30 July 2023.
Practice Direction No. 5 of 2023 revokes Practice Directions No. 2 of 2015, No. 6 of 2018 and No. 23 of 2020.
The Judicial College of Victoria has updated its Victorian Sentencing Manual with two new and important chapters on Firearms offences and Terrorism offences.
The new chapters are a valuable resource for judicial officers, practitioners, and others involved in the sentencing process. They provide comprehensive and up-to-date guidance on the law and practice of sentencing for terrorism offences in Victoria and nationally, and for firearms offences in Victoria.
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, 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
Institutional Liability: insights from the front lines.
The seminar will focus on this growing area of practice and provide practical guidance on communication and case management in both the Supreme Court and County Court of Victoria, and discussions will include practical tips of benefit for practitioners in the Common Law Divisions of both jurisdictions.
Justice Andrea Tsalamandris (Supreme Court) will chair this seminar, joined by Justice Stephen O’Meara (Supreme Court), Justice Katherine Bourke (County Court), Judicial Registrar Andrew Baker (Supreme Court) and Judicial Registrar Belinda Bales (County Court).
This hybrid event will be held online and in-person on Thursday, 24 August 2023 from 9:00-10:00am in the Banco Court (Court 1) of the Supreme Court, 210 William Street Melbourne.
Bookings close 5:00pm, Tuesday, 22 August 2023.
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 trainer Anne Sutherland in Melbourne (21–25 August) 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.
For more info & to register, please visit the link above. You can also write to us at learning@resolution.institute or call +61 2 9251 3366
The Melbourne Catholic Lawyers’ Association invites members of the Bar to its Annual Dinner on Thursday, 14 September.
Chris Uhlmann, who has had a 30-year career in journalism, and was political editor for the ABC and Nine News will be speaking on the topic "In Defence of Western Civilisation: Honouring our Cultural Heritage".
All are welcome to join us for this dinner. For more information and to book click here.
In 2023 the Legal Profession Board of Tasmania will be hosting CORO (Conference of Regulatory Officers) in Hobart on 24 & 25 October 2023 in Hobart.
The theme – Regulation: Dealing with BIG issues – is designed to stimulate thinking and engage with colleagues involved in legal regulation across the jurisdictions.
Speakers include - the Chief Justice of the Supreme Court of Tasmania, the Honourable Alan Blow AO. Professor Marie Bismark will be joining us from New Zealand to provide insights from her recent research. Martin Fletcher, the CEO of the Australian Health Practitioner Regulation Agency will provide perspectives on regulation from a different profession.
We also have Professor Gino Dal Pont, leading legal ethics author; a panel on 'Justice, equity, diversity and inclusion' led by Erfan Daliri from Kind Enterprises and another panel on 'Megatrends and AI'.
Early bird is available until 23 August 2023.
Click here for more information and to register.
We are delighted to announce the JCU 2023 Law Seminar Series for Semester Two. This series aims to provide a valuable platform for knowledge sharing and professional development for those existing and emerging in the legal profession.
At JCU, we believe in the power of collaboration and community engagement. The Law Seminar Series embodies this spirit, bringing together dedicated Legal Practitioners from not only the North Queensland region, but also from across the nation to share their expertise and experience on a captivating array of legal topics.
Registrations can be made through our official website.
VCAT seeks expressions of interest from suitably qualified candidates with either demonstrated legal practice experience or planning expertise (or both).
Legal practitioners across the private, government and community sectors with significant knowledge and expertise in the jurisdictions exercised by VCAT (particularly in residential tenancies, building and property and other civil claims and planning) are eligible to apply for appointment as an ordinary member. Applicants should demonstrate a high level of integrity, sound judgment, transferable skills applicable to conducting hearings and capability to make fair decisions. Regional travel may be required.
In addition, planning practitioners with significant knowledge, expertise and demonstrated technical capability with substantial years of experience in planning are eligible to apply for appointment as an ordinary member.
The yearly non-sessional Member salary is $266,191 (inclusive of superannuation).
VCAT encourages applications from candidates across all diversity and priority areas, including applications from regional areas.
Applications close Sunday, 13 August 2023.
Please click here for more information and to apply.
Expressions of Interest are sought for examiners in the LLB Priestley subject MLL235 Legal Practice and Ethics at Deakin University.
The assessment is a 2500 argumentative research essay on one of the following topics:
These topics are purposefully broad and provocative so that students have an opportunity to narrow and refine their arguments, and also to make an evidenced argument for the position they take. The students have completed a scaffolding assessment in the form of an essay plan and annotated bibliography to ensure that they have an opportunity for feedback before completing the research essay.
The assessment is due on Friday, 8 September and feedback for assessments submitted on time is returned to students on Monday, 2 October.
The assessment requires that examiners apply a rubric (this is embedded into the online marking platform), provide some intext feedback or annotation, and a short paragraph of feedback on argument and application of law, structure, expression, etc.
A Working With Children Clearance is required.
Marking is paid at $69.41 per hour. Examiners are expected to mark and provide feedback based on marking 4000 words per hour. Thus, examiners will be allocated 37.5 mins per essay. We have 80 x 2500 word papers that need marking, and would be looking to allocate them to two examiners, 40 papers each. This is approximately 25 hours of work (roughly $1,735 before tax).
Please contact Dr Laure-Jane Maher at laurajane.maher@deakin.edu.au.
Now in its ninth year, Victorian Women Lawyers is proud to announce registrations for the 2023 Warren Moot are now open.
ABOUT THE MOOT
The Warren Moot is named in honour of former Chief Justice of the Supreme Court of Victoria, VWL's Patron, the Honourable Professor Marilyn Warren AC KC and sponsored by Maddocks.
The Moot provides participants with an opportunity to test their advocacy skills and engage directly with respected members of the judiciary, namely judges of the Supreme Court, Court of Appeal, County Court and Federal Court.
The Warren Moot is open to VWL's women members who are law students, graduates or junior solicitors.
RULES & REGISTRATION:
Individuals who would be liked to be placed in a team can email vwl@vwl.asn.au to be allocated (places are limited and we cannot guarantee team placement).
Teams can register on our website here.
IMPORTANT DATES
Launch Event & Advocacy Workshop: |
Wednesday, 23 August 2023 Register for launch here |
Round One: |
Monday, 11 September 2023 |
Quarter Final: |
Monday, 9 October 2023 |
Semi-Final: |
Monday 30 October 2023 |
Grand Final & Presentation Evening: |
Monday, 20 November 2023 |
We are delighted to invite expressions of interest for two full-time PhD scholarships in the Faculty of Law at Monash University (one to commence in 2023 and one to commence in 2024).
The scholarships are funded by the National Health and Medical Research Council Centre of Research Excellence (CRE) in Better Health Outcomes for Compensable Injury and the Faculty of Law at Monash. The CRE brings together leading researchers in epidemiology, rehabilitation medicine, physiotherapy, psychology, law, health economics, health services research and computational social science at the University of Queensland, the University of Sydney, The University of Melbourne and Monash University.
The PhD scholars will be based in the Australian Centre for Justice Innovation in the Faculty of Law at Monash University and supervised by Associate Professor Genevieve Grant, together with other investigators drawn from the CRE and the Faculty.
Click here for more information.
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