On Sunday, I was alerted to a report about an interesting planning decision raising an issue of overshadowing and rights arising under the Charter of Human Rights and Responsibilities Act 2006 (Vic). The case involves a proposed development that may impede sunlight reaching an adjoining house. One of the occupants of the house is a young person with complex care needs who has difficulty leaving home and relies on going into the backyard for fresh air and sunlight. The case is yet another example of our members acting pro bono in important cases which, in this instance, seems to have made some new law. Kylie Evans and Jordan Wright appeared pro bono for the respondent. When I wrote to Kylie to acknowledge her efforts, she was very quick to point out how talented her opposing counsel were, namely Susan Brennan S.C. and Sarala Fitzgerald. Well done to all involved.
On Monday, Gina Schoff KC and I met with Sir David Carruthers, Implementation Monitor for the Lawyer X Royal Commission. It was a useful meeting. From the Bar’s perspective, there is still one recommendation outstanding which we discussed at length. It concerns the proposed introduction of mandatory reporting for lawyers. We are strongly opposed to the idea and will continue to advocate against it. I thank Sir David for making the time to meet with us (as he always does when he is in Melbourne).
On Tuesday, Amanda Utt and I attended our quarterly meeting with the LIV President and CEO, Tania Wolff and Adam Awty. Among many other topics, we discussed a proposal to collaborate on a guideline for the profession about the appropriate storage and handling of health records which members often receive as part of their briefs. Mary Anne Hartley KC, who sits on the Medico-Legal Standing Committee (a joint committee of the Bar, the LIV and the Australian Medical Association), raised the idea with me a little while back. We will make a joint approach to the Legal Services Commissioner for some guidance shortly. My thanks to Mary Anne for the prompt.
During the week, I noted the passing of the Honourable Donnell Michael Ryan KC. Don signed the Bar Roll in 1965, practised mainly in industrial law, and took silk in 1980. He became a leader of the national industrial bar and also appeared in many important public law cases including in the High Court. The Honourable Gareth Evans AC KC was among his 10 readers. He went on to serve with distinction on the Federal Court of Australia from 1986 until 2013. Don is survived by his wife Gabrielle, his daughter Fiona Ryan SC, his son Christopher, and his three grandchildren. Our thoughts go to his family at this difficult time.
I also noted the passing of William (Bill) Francis Lally KC. Bill was admitted to practice in 1969 and signed the Bar Roll in 1970. He read with the late Honourable Justice Kenneth J Jenkinson. Practising in commercial, wills and estates, construction, insolvency, insurance law, licensing, mediation and trade practice, Bill was a highly regarded member of counsel. In 2001, Bill was appointed a member of the Ethics Committee, and retired from practice in 2011. He is survived by his four children, and his grandchildren. Our thoughts also go to Bill’s family.
If you’re working in or visiting Owen Dixon Chambers, please note that the Essoign has set up a coffee cart in the Peter O’Callaghan QC Gallery. It opens at 7:30am each morning. Buying your coffee from the cart is a great way to support the Club which I am pleased to say is doing well.
If you’re looking for new options for chambers, there is an opportunity to apply for individual rooms on a non-group, BCL Managed Floor at Aickin Chambers. The relevant area takes up half of level 11, and the rents are competitive having been set to reflect the fact that there is an existing fit-out. Details can be found on the Vacant Chambers page and applications can be submitted through the Chambers Application Form on the BCL website.
As I have mentioned before, this year’s ABA Conference, Cornerstone 2023: The Rule of Law, is being held between 21-23 September on the Gold Coast. There will be a strong Victorian contingent in attendance, and places are still available. Details can be found on the event’s website.
The Indigenous Justice Committee recently updated me on the progress we are making against our Bar’s Reconciliation Action Plan, which was adopted by the Bar Council in 2021. Achievements this year have included organising the CPD event on the Voice referendum (jointly presented with the Human Rights Committee); submissions made to the Veronica Nelson Inquest Response Working Group; working with stakeholders to develop a consistent and recognised First Nations Cultural Capability Framework for lawyers serving First Nations clients; and facilitating the Indigenous clerkship program which had clerks spend four weeks in February and March this year rotating through placements at the Victorian Bar, the Supreme Court, the County Court, and the Federal Court. The clerkship program is open to Indigenous law students, with applications for the 2024 program opening soon. If anyone knows of students wishing to apply for the program, they are encouraged to contact the Indigenous Justice Committee by emailing clerkships@vicbar.com.au. My thanks to Tim Goodwin and Serena Armstrong (Co-Chairs), and to each of the Committee members, for their hard work and dedicated service so far this year.
Finally, I will be taking a short break next week. My thanks to Gina Schoff KC for looking after things while I’m away.
Sam Hay KC
Bar Roll No: 765
It is with deep regret that the Bar informs members of the passing of the Honourable Donnell Michael Ryan KC.
A funeral will be held to honour the life of Donnell at St. Thomas Aquinas Church, 43 Bromby St, South Yarra, on Thursday, 7 September 2023 at 11:00am.
Followed by refreshments from 12:00pm at the Royce Hotel, 379 St Kilda Road, Melbourne.
The Honourable Donnell Michael Ryan KC passed away on 26 August 2023. Don signed the Bar Roll in July 1965, reading with the Honourable Haddon Storey AM KC.
He quickly built up a significant national practice in industrial law, taking silk in 1980 and becoming a leader of the national industrial bar, appearing in the High Court and in courts across the country. Don combined a rare combination of legal skill, an analytical mind and mastery of principle that brought elegance to the most hard fought and messy industrial dispute. Acting predominantly for unions, including those of a more ‘militant’ bent, Don was renowned for the precision and economy of his arguments which provided an antidote to his clients’ occasional excesses.
Beyond the industrial arena, Don also appeared in the High Court in numerous public law cases and as Counsel assisting the Hope Royal Commission into ASIO and the Combe Ivanov affair.
He had 10 readers, including the Honourable Gareth Evans AC KC. He was a long-time member of Latham Chambers sharing a suite with his friend and later colleague, the late the Hon Peter Heerey AM QC and many others.
He was appointed a judge of the Federal Court of Australia in 1986, where he served with distinction until his retirement from that Court in 2013. His judgments are a model of clarity, in which he summarised Counsel’s arguments with a degree of care and quality that often flattered, and which focused on the areas that mattered to the outcome of the case. His legal analysis was always succinct; drawing on, but not labouring existing authority and saying little more than was necessary to decide the point. He had a mastery of language which produced refined and erudite judgments that did not ignore the humanity of the situation. In court, he was courteous and respectful, listening attentively to arguments and asking questions to elucidate – never to undermine or show off. He was considered a careful and thoughtful judge who wore the responsibility of judicial life heavily.
Away from the law, he was devoted to his family. He was a keen tennis player who played with customary economy.
He is survived by his wife Gabrielle, his daughter Fiona Ryan SC, son Christopher and his three 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 Victorian Bar has been invited to nominate a representative of the Bar to the County Court Civil Rules Committee.
The Bar is calling for Expressions of Interest for the position from currently practicing members who have extensive knowledge of the Civil Procedure Rules.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Your Expression of Interest should identify any relevant areas of experience or expertise, including.
Please direct any enquiries or Expressions of Interest to ed@vicbar.com.au.
The closing date for Expressions of Interest is Monday, 18 September 2023 at 4:00pm.
Are you interested in increasing your skill in working through your own challenging workplace moments?
Are you interested in getting better at listening to a colleague talk about their own challenging workplace moments?
If you have answered ‘yes’ to both questions you are a potential candidate for a new peer group program that is being initiated by the Health and Wellbeing committee. The program is being funded by the LSB and will be developed by Bernadette Healy in consultation with the committee and with program participants. This is a pilot program aimed at trying out a new and small-group approach to dealing with the particular challenges of being a barrister. The program will be conducted in a safe and confidential environment.
More information on the program will be forthcoming including as part of the RU OK Day events and on the wellbeing portal.
To express interest or ask a question please call Bernadette on 0417 351 677 or email her at bhealy@revisiongroup.com.au
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, but 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.
The Essoign now has a coffee cart open on the ground floor of Owen Dixon West.
Available daily from 7:30am is tea, coffee and a selection of sweets and pastries.
Ask about our VIP coffee cards at the cart also.
Click here to view the flyer.
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.
On 9 October 2023, the CMS Portal will be introduced into the Child Protection jurisdiction of the Children’s Court of Victoria.
You are strongly encouraged to register for a CMS Portal account now, to ensure you have access to the system from day 1. Instructions for how to register are available on the Enrolling in CMS Portal page of the CMS Help Centre.
When your account is available, you will be able to submit documents, and view and track case information, all in one digital place.
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, 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
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”.
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.
Yoorrook Justice Commission is the first ever Indigenous-led truth-telling commission on the impact of colonisation and ongoing harms against Indigenous people. A legal community event on the topic of Indigenous Truth Telling and the work of the Commission will be held on Thursday, 21 September 2023 at Maurice Blackburn, from 5:45pm.
Participants will hear from Commissioner Kevin Bell, Professor Melissa Castan, and Leanne Miller AM, in a conversation facilitated by Dr Jeremie Bracka. The event is co-hosted by RMIT Graduate School of Business and Law, and the International Commission of Jurists (Victoria), in conjunction with the Castan Centre of Human Rights Law, Monash University.
Registration is free here.
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.
You are cordially invited to attend the Sir Zelman Cowen Centre 7th Annual Oration.
The Oration will be delivered by Craig Foster AM. Craig will speak about the capacity for sport as a platform and catalyst for positive social change, through a human rights lens.
DATE: Thursday, 28 September 2023
TIME: 5:30pm-7:00pm (including refreshments)
VENUE: Courtyard Lecture Theatre, 295 Queen Street, Melbourne (entry via Little Lonsdale St)
About the speaker:
Craig was appointed a Member of the Order of Australia in 2021 for his significant services to human rights, multiculturalism, and refugee support organisations, and to football, and is the current NSW Australian of the Year for 2023 and Chair of the Australian Republic Movement. He is also a member of the Multicultural Council under the Department of Home Affairs, Immigration and Citizenship division.
Click here for more information and to register.
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.
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.