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In Brief Issue #1115
11Aug
On Monday afternoon, I informed members that Bar Council had resolved to support a proposal put forward by BCL to ‘stagger and cap’ the rent rises announced in May. The BCL board has since implemented the proposal as detailed in Monday’s email. The rent increases address pricing disparities that have existed in our network of chambers for many years. They also address significant rises in costs that BCL has incurred since the pandemic.
The process of determining rent increases is a complicated one and there is no easy or perfect solution. I fully understand that many members have acutely felt the rent rises. The revised policy aims to lessen the burden on those who are most significantly affected.
When you are considering chambers, I would ask that you keep in mind that BCL’s model is inherently flexible and exists for the benefit of our entire college. Our network accommodates barristers of all seniorities. It allows new barristers to set up shop without fuss, without key money, and with almost no financial risk. It allows members in the middle stages of their careers to move around the network without fuss, as their seniority increases. And it allows members in the latter stages of their careers to leave without any difficulty or ongoing obligation. BCL is worth protecting; it is worth supporting. And so, even if in the current moment you are not happy with BCL, I would respectfully ask that you continue to support it.
Last night I attended a dinner to mark the retirement of Ross Gillies KC after nearly 57 years at the Bar. The two main speeches, delivered by the Hon Jack Forrest and Jeremy Ruskin KC, were of a typically high standard. Ross’ reply was quintessentially Gillies: very funny, seamlessly delivered, and full of sharp observations about the true state of things at our Bar. When Ross finished speaking, he rightly received a standing ovation. The dinner was a fitting tribute to a remarkable career. Congratulations to James Mighell KC, David Martin, and Antonella Marini (David’s EA) for organising such a successful event.
This afternoon I’m off to Brisbane to attend the Queensland Bar Association’s 2023 Bar Dinner. While I’m in town, I’ll be attending a quarterly Australian Bar Association meeting with Executive Director Amanda Utt. I’m also meeting with ABA President Peter Dunning KC to discuss the 2023 ABA Conference, which is being held between 21-23 September on the Gold Coast. The theme for the 2023 conference is “The Rule of Law.” Details can be found on the event’s website.
Some places remain for the Corporate Counsel/CommBar Trivia Night on 24 August 2023. The event is co-hosted by the Association of Corporate Counsel. It should be a fun night and presents as an excellent networking opportunity. Details are available here.
The Barrister Shadowing Program has been a success thus far, with the Victoria University portion of the program concluding on Monday, 14 August. The Deakin University part of the program is commencing on the same day with 20 students being matched with 10 barristers/floors. The program will run until Monday, 11 September, with students attending structured activities on the first and last days, while completing a minimum of 4 days’ contact (32 hours) during their time in the program. The program concludes with a tour of the Coroners Court. The next shadowing program will be run in collaboration with La Trobe University from Monday, 11 September until Monday, 30 October. EOIs are still open.
Sam Hay KC
Mediation is an essential part of the justice system with a great many litigated matters being referred to mediation. Barristers and law professionals wishing to become an accredited mediator under the National Mediator Accreditation System can register for the Lawyers Mediation Certificate (LMC) six-day course (on 24-26 November & 1-3 December 2023) here. Early Bird discounts apply, places are limited.
- Dropbox Enterprise is now available through the BCL Technology Subscription Portal. 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.
- Gender dysphoria, children and adolescents: update for lawyers is on 14 August 2023 from 5:00pm-6:30pm. The treatment of gender dysphoria is a complex and contested area. Since the decisions of Re Jamie (2013) and Re Kelvin (2017) the medical evidence has been evolving rapidly. This seminar will discuss what are the current issues facing lawyers, parents and the Courts when coming to grips with this issue? This is an in-person event only and will not be recorded. Click here to RSVP.
- Migration Litigation - A Respondent Lawyer's Perspective is on 15 August 2023 from 5:15pm-6:15pm. In this seminar David Brown (Senior Solicitor, Australian Government Solicitor) will provide frank and unique insights that will be invaluable to practitioners in this jurisdiction. This is an in-person event and will also be available online via live stream. Click here to RSVP.
- What you wanted to know about the Comcare system but didn’t want to ask: an overview of the SRC Act is on 16 August 2023 from 1:00pm-2:00pm. This session is aimed at demystifying Commonwealth workers' compensation law and encouraging barristers to practise in the area. It will cover eligibility for compensation, benefits available under the SRC Act, the curtailment of common law rights and more. This is an in-person event only for barristers and will not be recorded. Click here to RSVP.
- Regulatory proceedings and class actions: uncomfortable but increasingly common bed-fellows is on 16 August 2023 from 5:15pm-6:15pm. This CPD will examine some of the different ways in which modern case management procedures allow regulatory and representative proceedings to be run in parallel. This is an in-person event and will also be available online via live stream. Click here to RSVP.
- Overview of the Australian Financial Complaints Authority (AFCA) is on 17 August 2023 from 5:15pm-6:15pm. In this CPD, Natalie Cameron (Lead Ombudsman, Banking and Finance-AFCA) will provide an overview of the AFCA since its establishment in November 2018 as a ‘one stop shop’ to deal with financial services complaints. This is an in-person event only. 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.
The 2023 AFL finals season is fast approaching. Join other VicBar football fanatics at the Second Annual Footy Finals Fever Dinner. This year’s dinner will be held on Thursday, 31 August 2023 at the Essoign. Full details of the event and how to register and pay will be circulated next week. Please direct any queries in the meantime to the organisers, Robyn Sweet KC and Amy Wood, at sweet@vicbar.com.au and amywood@vicbar.com.au.
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!
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.
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 Honourable John Middleton AM KC will present the 2023 HAL Victorian Chapter Oration on 'How Healthy is our Democracy in Australia today?'
Thursday, 7 September 2023 at 5:30pm for 6:15pm
DLA Piper Lawyers, 14th floor, 80 Collins St, Melbourne.
Cost: HAL members $35, non-members $50 Drinks & finger food at 5:30pm.
Click here to view the flyer for more information.
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.
Click here for the flyer for the Tri-State Conference & Football Tournament, which contains details for registration and payment for the Conference. Please register and make payment by Friday, 1 September 2023.
TRI-STATE CONFERENCE
Venue: Green Gully FC, Green Gully Reserve, Club House Place, Keilor Downs VIC 3038
Time: 9:15am to 11:30am
Date: Saturday, 16 September 2023, followed by morning tea
Cost: $80.00
TRI-STATE FOOTBALL TOURNAMENT
Venue: Green Gully FC (same address as above)
Date: 12:45-5:00pm Saturday, 16 September 2023, followed by presentations and casual meal
If you plan to play, please note your preferred position(s) and we’ll do our best to accommodate. We may also need some players to play for the interstate teams who are sometimes short on players.
In 2023 the Legal Profession Board of Tasmania will be hosting CORO (Conference of Regulatory Officers) 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.
The Attorney-General of the Australian Capital Territory, Mr Shane Rattenbury MLA, invites expressions of interest from eligible and suitably qualified people for appointment as a Magistrate to the Magistrates Court of the Australian Capital Territory.
The Magistrate will exercise the functions and jurisdiction of a Magistrate of the Magistrates Court of the ACT, as arranged by the Chief Magistrate.
Expressions of interest are sought from all areas of the legal community, including the private, government and community sectors. Women, people with disabilities, people of Aboriginal and Torres Strait Islander backgrounds, people from culturally diverse backgrounds and those who identify as LGBTIQ are encouraged to apply.
Click here for more information and to apply. Expressions of interest close Sunday, 03 September 2023.
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:
- It is untenable for in-house lawyers to reconcile their professional ethical obligations with their employers' interests. Discuss.
- [Gino] Dal Pont writes that "a lawyer’s inaccurate statements or representations to other lawyers negatively impact on the efficient administration of justice, which necessitates that lawyers be able to rely on their colleagues’ representations and assurances" (Lawyers' Professional Responsibility, 7th Ed, 2020, 737). However, the Solicitor's Conduct Rules (2015) do not explicitly address the conduct expected of lawyers in negotiation. Should the duty not to mislead opponents (r 22.1, 22.2) apply during negotiation processes?
- The duty uphold the reputation of the profession serves to reinforce unequal power dynamics within the legal profession. Do you agree or disagree with this statement? Discuss.
- The duty of confidentiality should be inviolable. Discuss.
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.
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.
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, 17th August 2023