It was announced on Tuesday that the Honourable Justice Stephen Gageler AC will replace the Honourable Chief Justice Susan Kiefel AC as Chief Justice of the High Court of Australia. His Honour will become the 14th person to lead Australia’s apex court since its inception. Justice Gageler joined the High Court in 2012, having served as Australia's Solicitor-General prior to his appointment. The Bar wishes Justice Gageler all the very best, as he transitions into the new role.
It was also announced that the Honourable Justice Robert Beech-Jones of the New South Wales Court of Appeal will join the High Court to fill the vacancy created by Justice Gageler’s elevation. Justice Beech-Jones will no doubt make an extremely valuable contribution to the Court, just as his Honour has as an intermediate appellate judge in NSW. On behalf of the Bar, I have written to both Justices to congratulate them on their appointments.
Also on Tuesday, the Federal Circuit and Family Court of Australia launched three animated short films about family violence, and how the voice of the child is heard in parenting cases. The films provide information about difficult issues in an easily understood manner. They will be a valuable resource for people involved in family law disputes. The Honourable Chief Justice Alstergren AO wrote to me this week to express his appreciation to the members of the Bar who assisted in the project. My thanks go to Treasurer Mark Robins KC for attending the launch on behalf of the Bar.
On Wednesday, I attended a meeting of the Peter O'Callaghan QC Gallery board. There were a couple of things to note. First, Philip Solomon KC was uncharacteristically very cautious in what he said during the meeting. Quite rightly, he was afraid of being quoted in this edition of In Brief. Second, Liz Bennett S.C. and I learnt a new word: ‘vitrine’. When Siobhan Ryan KC used it the first time, I thought she was referring to something else. Upon her third use of the word, Liz and I were exchanging quizzical glances. By the fourth use, Liz had successfully Googled the word on her iPad and confirmed that it was, in fact, a word.
It turns out that Siobhan had been – quite accurately and appropriately – referring to the glass display cabinets that are in the walkway between Owen Dixon Chambers East and West. The reason Siobhan was referring to the vitrines is that the Art & Collections Committee has recently been gifted a number of artefacts which can be viewed within them. Among other things, Andrew Kirkham AM RFD KC (former Chairman of the Bar) has very kindly given us a batch of documents including annotated charges, transcripts of evidence, and the summing up in the R v Foord (1985) 20 A Crim R 267 matter. In that case, Andrew appeared as Crown Prosecutor to prosecute his Honour Judge John Foord of the NSW District Court. The charges concerned approaches the judge had made to NSW Chief Magistrate Mr Clarrie Briese and NSW District Court Judge Paul Flannery, allegedly designed to influence the outcome of legal proceedings against a Sydney solicitor by the name of Morgan Ryan. After a 12-day trial in October 1985, Judge Foord was found not guilty. Morgan Ryan was the same solicitor to whom the Honourable Justice Lionel Murphy famously referred as “his little mate.” There is also a portrait of Stratton Langslow (Bar Roll number 622), which was kindly gifted by Mark Dean KC and Magistrate Rob Stary. If you have a moment when walking past our vitrines, perhaps take a look at what is on display.
Yesterday I welcomed the September Readers to the first day of the Readers’ Course, and then attended the welcome drinks at the Essoign in the evening. I also welcomed our two Readers from Papua New Guinea who, upon completing the course in October, will sign the International Roll of Counsel. When speaking in the morning, I took the opportunity to encourage the Readers to come into chambers as much as possible. I referred to what Sir Robert Menzies said when answering the question ‘Why do we have chambers?’
Menzies said: Well, the answer to that is quite simple, I think. Part of the essence of the Bar is the human contact that it produces. More is learned through the shoulders by rubbing them against other shoulders, than is learned, perhaps in any other way. It produces a mutual understanding . . . [it produces] a feeling between us all that we are engaged in a great common task of helping the administration of justice.
Next week I will have a meeting with Sir David Carruthers, Implementation Monitor for the Lawyer X Royal Commission recommendations; we have our quarterly catch-up with the LIV President and CEO; and I will be meeting with Honourable Chief Justice Ferguson to discuss this year’s silks applicants as part of her Honour's consultation process.
The Victorian Bar is offering up to three paid internships to students of culturally diverse backgrounds who are keen to gain experience and develop connections with members of the legal profession. The internship will operate much like a ‘vacation clerkship’ at a solicitors’ firm, but with an emphasis on the tasks typically undertaken by barristers and judges. The internships will likely take place in late November and early December 2023, depending on university timetables and the Court break. The application process will be run through university law schools. We will provide more information closer to the program’s official launch.
Nominations are still open for the Lawyers Weekly Women in Law Awards 2023. The awards acknowledge the achievements and dedication of successful women in the legal profession. The closing date for submissions is 5:30pm on Thursday, 31 August.
Finally, members should note that the Bar will be a sponsor for the upcoming 10-Year Anniversary Gala for the Asian Australian Lawyers Association. Scheduled for the evening of Friday, 1 September at the Arts Centre, it should be an enjoyable evening for an important organisation. Details about the event can be found here.
Sam Hay KC
Bar Roll No: 915
It is with deep regret that the Bar inform members of the passing of William (Bill) Francis Lally KC.
A Requiem Mass of Thanksgiving for the life of William (Bill) Francis Lally KC will be offered at St Peter's Church, 585 Toorak Road, Toorak on Monday 28 August 2023, at 1:00pm, Followed by refreshments at the Royal South Yarra Lawn Tennis Club, 310 Williams Rd N, Toorak.
There will be a private burial.
Bill Lally was admitted to practice on 1 April 1969. He signed the Bar Roll on 7 May 1970. Bill read with the late Honourable Justice Kenneth J Jenkinson commencing on 4 May 1970.
His areas of practice were commercial, wills and estates, construction, insolvency, insurance law, licensing, mediation and trade practice. His readers were J Garner, Robert J Bair, Michael J F Sweeney, S G R Wilmoth, Neale A James, Marcus Clarke, Lisa E Kennett and Kenneth G Howden. Bill took silk on 30 November 1993.
Bill was a highly regarded counsel. He was always prepared and conducted his practice with precision and clarity. His quiet manner was a great weapon. Those that underestimated him did so at their own peril. Whether in court or negotiating, Bill would often adopt his characteristic pause followed by a substantive response to a proposition put by either opposing counsel, or sometimes, the judge. His approach was always polite, yet firm and decisive. Throughout his practice Bill’s door was always open and he gave generously of his time to his colleagues.
He was appointed as a member of the Supreme Court Board of Examiners in January 1998 when he became a deputy member of the Board. He was deputy to Berkeley QC and subsequently to Meldrum QC. In January 2002, Bill became a principal Board member and then served as chairman of the Board in 2005. He retired from the Board on 1 January 2006.
The measure of Bill’s determination and compassion can be seen from a special sitting of the Full Court. Bill was concerned that a young terminally ill applicant may not survive until the admission date. As a result, he contacted the then Chief Justice. A special admission ceremony for the young applicant, via video link, was arranged with the Chief Justice presiding with the President and Justice Nettle.
On 28 November 2001, Bill was appointed a member of the Ethics Committee. This committee is one of the most important committees of the Victorian Bar. Bill’s contribution to the Committee was formidable. As with the Board of Examiners, the Committee’s work was done out of hours. Bill’s contribution and commitment to the many issues addressed by the Committee were invaluable.
Bill Lally was a person of profound integrity, and he contributed much as a barrister and for the Bar throughout his life. It is fitting that a photograph portrait of Bill hangs in the Peter O’Callaghan QC Gallery.
While Bill cared for his work, his family and friends were his life. He was a wonderful and devoted husband, father, and grandfather. He retired from practice on 11 August 2011 to care for his beloved wife, Sue. He is survived by his four children, Matt, Andy, Simon and Amy, and his grandchildren.
Members who have yet to pay their subscription fees are reminded that they are now significantly overdue and should be paid as soon as possible. Bar subscriptions are an integral component of a barrister’s ability to practice. If you have not made arrangements to pay your subscription fees, please do so. Should you require assistance on this or other administrative matters, the Victorian Bar office can help you. Members who need assistance should email membership@vicbar.com.au or contact Mark Bryant on (03) 9225 7111.
The Attorney-General, Jaclyn Symes, seeks expressions of interest from suitably qualified persons for appointment as a magistrate of the Magistrates’ Court of Victoria. Experience in criminal law, and/or civil dispute resolution would be advantageous. Practitioners with experience in family violence matters are strongly encouraged to apply. Applications close at 11:59pm on Wednesday, 13 September 2023. Click here for further information.
The Bar is organising photographic portrait sessions for the next intake of Readers, and is considering booking additional sessions to accommodate other interested barristers.
The session will likely take place in Owen Dixon Chambers East, and will cost $60 per person (inc. GST).
The price includes a 10-minute, one-on-one profile photo session with a professional photographer, plus post-shoot colour correction and image processing. You will be supplied with both hi-res colour, and black and white versions of your preferred shot (chosen on the day of the shoot).
If you wish to register your interest, please click here.
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.
Victorian Women Lawyers (VWL) and the Women Barristers' Association of Victoria (WBA) are hosting "Briefing for Balance" in recognition of the commencement of the Victorian Gender Equitable Briefing Policy (VGEBP).
This event aims to support law firms appointed to the Victorian Legal Services Panel, as well as Victorian Government Departments and agencies to achieve VGEBP targets by providing an opportunity for briefing solicitors to meet and network with the women of the Victorian Bar. Seating at this dinner event will be allocated for all attendees on the basis of practice areas. There will also be ample time for mingling as the event will kick off with a cocktail hour including roaming 'canapé style' entrees.
The evening will include a panel discussion . Our panel of barristers, solicitors and policy makers will share their thoughts on the importance of the VGEBP, the challenges it presents and will offer guidance on compliance as well as for discussion about gender equity in our profession more broadly. Further details of the panellists will be circulated closer to the event date.
DATE: Wednesday, 6 September 2023
TIME: 6:00pm - 9.30pm
LOCATION: RYDGES MELBOURNE
186 Exhibition Street
Melbourne 3000
Tickets are priced at $120 per person and can be purchased via the VWL website (credit card) or for payment by invoice by emailing vwl@vwl.asn.au with:
Places are strictly limited. Attendees can register here.
The Open Justice Project sees later year undergraduate and postgraduate law students provide pro bono legal assistance (such as research and paralegal assistance) to barristers in pro bono matters. The Project’s success is thanks to a collaboration between the Victorian Bar and the Monash Faculty of Law, whose participants have been overwhelmingly praising it.
“This was invaluable assistance, and most grateful for the promptness (both in OJP in finding a student and then the student completing the work)” – Kay Chan
Find out more here.
Nominations are now open for the Law Council’s President’s Award 2023.
In 2007, the Law Council introduced this prestigious annual award and is conferred to Australian lawyers in recognition of an outstanding contribution to the public or other service. The award recognises and celebrates the exceptional accomplishment of individuals whose personal and professional commitment is to promote the development of improvement of law or the administration of justice throughout Australia.
Previous recipients of the President’s Award are (2007) Mr Lex Lasry QC, (2008) The Hon Ted Mullighan QC, (2009) Mr Bret Walker SC, (2010) Mr Colin McDonald QC, (2011) Ms Debbie Mortimer SC, (2012) Mr Mark Woods, (2013) Ms Elizabeth Heenan, (2014) Mr Geoffrey Eames AM QC and Ms Raelene Webb QC, (2015) Mr Ian Kennedy AM, (2016) Mr Julian McMahon, (2017) Mr David Neal SC, (2018) Mr Phillip Boulten SC, (2019) Ms Haley Allan and Mr Bill Mitchell, (2020) Mr Stephen Keim SC, (2021) Mr Terry O’Gorman AM and (2022) Ms Kate Eastman AM SC.
The Bar Council is asked to nominate one outstanding member of the Bar for this year as a recipient. In sending your nomination, kindly include a statement about the nominee’s achievements and how he or she fits the Award Eligibility Criteria.
Kindly send your nomination to sharni.doherty@vicbar.com.au on or before COB, Friday, 15 September 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!
We are pleased to advise that the Federal Circuit and Family Court of Australia (Division 1) (FCFCOA (Division 1)) and the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA (Division 2)) (together, the Courts) have implemented an updated Magellan List definition and criteria, upon recommendation by the Courts’ Family Violence Committee. These updates reflect the Courts’ ongoing commitment to responding appropriately to risk in family law proceedings.
Click here to read the letter from the Honourable Chief Justice William Alstergren AO for more information.
The Spent Convictions Act 2021 (the Act) was introduced in December 2021 to limit the disclosure of minor and historic convictions, remove unfair barriers, and support the rehabilitation of past offenders.
For information on how a conviction can be ‘spent’ and the protections for spent convictions, please click here.
Statutory Review of the Act – Public survey
DJCS is currently conducting a Statutory Review of the Act to consider how it is operating. We are keen to hear from individuals who have been affected by the Act, as well as supporting families, communities and organisations.
To support this, we have created a survey for individuals to share their experiences with the Act and feedback on how it can be improved. The survey is anonymous and feedback will inform the Review’s report, which will be publicly available.
The survey is vital to help us understand the experience and views of those most important to the Act – those who are affected by it.
Click here to complete the survey.
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
Melbourne Law School is pleased to present the following free events held in September:
2023 Sir Kenneth Bailey Memorial Lecture:
Breaking laws and making laws on Indigenous Peoples: From the national to the international
Presenter: Mr. Les Malezer
In this public lecture, Mr. Malezer will draw on his extensive experience working in local, national, and international organisations on the rights of Aboriginal and Torres Strait Islander peoples to consider the contemporary challenges to changing laws and doctrines regarding the status of Indigenous peoples in Australia. He will recount his personal perspectives on the way in which international processes on the rights of Indigenous peoples can supplement the national processes to enhance the goals of justice and equality for Aboriginal and Torres Strait Islander peoples.
We hope you can join us for this opportunity to hear Mr. Les Malezer speak. The lecture will start at 6:00pm and is hosted by Melbourne Law School and the Melbourne Journal of International Law.
Date & time: Wednesday, 6 September, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Further information and registration.
2023 Law Rare Book Lecture 2023:
The Weird and Wonderful World of Animals and the Law
Presenter: Professor Katy Barnett
For this lecture, Professor Katy Barnett will discuss the book she co-wrote with Professor Jeremy Gans Guilty Pigs which considers the history and development of the law as it relates to animals. Does the King really own all the swans? Were medieval animals put on trial? And should animals (in captivity or otherwise) be treated like people? Since Guilty Pigs has come out, the New York Court of Appeal decided that Happy the Elephant was not entitled to legal personhood, but the Panamanian government has said that people can sue on behalf of the interests of sea turtles.
We hope you can join us for this opportunity to hear Professor Katy Barnett speak. The lecture will start at 6:00pm and is hosted by the Law Library, Melbourne Law School.
Date & time: Tuesday, 19 September, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
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.
In conversation event at the Federal Court of Australia
Join Professor Val Napoleon, University of Victoria (Canada), and Chief Justice Debra Mortimer, Federal Court of Australia, for an in-conversation event being held at the Melbourne registry on 12 September 2023.
Click here to view the flyer for more information.
Current Issues in the Practice of Employment and Industrial Law
Please click here to view an invitation from the Judges of the Federal Court of Australia inviting practitioners to a seminar on 13 September 2023 discussing the topic “Current Issues in the Practice of Employment and Industrial Law”.
Established in 2010, the annual Michael Kirby Justice Oration provides a platform for leaders within our community to share their experiences, deep understanding, knowledge and reflections on issues of justice.
REFLECTIONS ON THE ROLE OF ADVOCATES CONFRONTING POWER
This year's Michael Kirby Justice Oration (2023) will be a reflection on the role of advocates when facing injustice and the abuse of power, and the critical role advocates now play in our society.
Ranging across time and place, our Orator, Barrister Julian McMahon AC SC will reflect on:
From imprisoned advocates, to UN enquiries, to some of the work of the Hon Michael Kirby AC CMG and our own Australian injustices. From liberal democracies to brutal regimes – this 2023 Michael Kirby Justice Oration will explore what the role of advocates has been and now become.
JULIAN P MCMAHON AC SC
Julian works mainly in criminal law. He accepts briefs in all jurisdictions.
He has been engaged in many long and complex trials, including in homicide, terrorism, corruption, drug, fraud and, outside Australia, death penalty matters. He has considerable experience in numerous overseas jurisdictions.
In 2021 Julian was made a Fellow of Monash University. In 2017 he was made a Companion of the Order of Australia. He has been awarded the Law Council of Australia's President's medal, an honorary Doctorate in Law from the Australian Catholic University, the 2016 Victorian Australian of the Year, and the Victoria Law Foundation Distinguished Pro Bono Service Award.
Julian holds an Indictable Crime Certificate and is a member of the VLA Criminal Trial Preferred Barrister List.
EVENT DETAILS
DATE:
Wednesday, 27 September 2023
TIME:
Refreshments - 5:00pm - 5:30pm
Oration - 5:30pm - 6:30pm
LOCATION:
295 Queen Street Melbourne VIC 3000
RSVP:
Monday 18 September 2023
Click here to register.
Click here for the flyer, which contains details for registration and payment for the Sports Law Conference. Please register and pay by COB Friday, 1 September 2023.
SPORTS LAW CONFERENCE
Venue: Green Gully FC, Green Gully Reserve, Club House Place, Keilor Downs VIC 3038
Date: 9:15am to 11:30am Saturday, 16 September 2023, followed by morning tea
Cost: $80.00 for Conference and morning tea
Chair: Justice Melanie Sloss
Speakers:
Justice Jack Forrest: ‘Anticorruption and sports’
Coroner Simon McGregor & Daniel Nguyen: ‘Concussion in sport and life as a Coroner’
Ivan Griscti: ‘Jurisdiction in Sports’ with comment from Anthony Lo Surdo SC and Simon Philips
FOOTBALL TOURNAMENT
Venue: Green Gully FC (same address as above)
Date: 12:45-5:00pm, followed by presentations and casual meal
Cost: No fee to play or attend the tournament to support
If you wish to play, please email castanl16rec@vicbar.com.au your preferred position and we’ll do our best to accommodate. We may need players for the NSW and QLD teams who may be short on players.
2023 International Arbitration Conference
ACICA and Ciarb Australia will be hosting the 2023 International Arbitration Conference during Australian Arbitration Week on 9 October 2023.
Our one-day program includes a Keynote Address from Kanaga Dharmananda SC and features a host of eminent speakers and expert practitioners from around the globe.
Register here.
2023 Annual Lecture
Separately, Ciarb Australia will be hosting the 2023 Annual Lecture during Australian Arbitration Week on 10 October 2023 between 5:00pm – 6:30pm AWST. The speaker for this year's lecture is The Hon Robert French AC and the lecture topic is "Arbitration and Statute - Entanglement of Private and Public Interest"
Register here.
2023 Young Members Group Event
Lastly, Ciarb Australia Young Members Group together with Clifford Chance and Omni Bridgeway will be hosting a seminar on 11 October 2023 between 5:00pm - 6:15pm AWST. The title of the seminar is "From Down Under to Up Above: Space Resources Exploration and Exploitation - Opportunities and Risks in the New Frontier".
Register here.
The Australian Lawyers Alliance invites Victorian barristers to its annual National Conference, to be held this year on 19-21 October in Queensland. The conference draws solicitors, barristers and legal professionals from around Australia, with a CPD program focused on current issues in plaintiff personal injury law, justice and human rights.
The program, more details and registration information can be found on the conference website here.
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.
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.