In Brief Issue #1120

Supreme Court of Victoria

The Honourable Chief Justice Ferguson of the Supreme Court of Victoria has advised that the Executive Council has appointed Ian Graham Waller KC as a Judge of the Supreme Court of Victoria effective 12 September 2023.

Details of the welcome ceremony will be advised when they are known.

Bar Roll No: 4212

It is with deep regret that the Bar Council informs members of the death of David Gibson on 31 August 2023.

Mr Gibson signed the Bar Roll on 21 May 2009 and read with Mr Andrew McKenna. Mr Gibson was a member of the Bar for 14 years.

Details of a celebration of life will be published in the coming days, along with a full obituary.

Deepest sympathies are extended to Mr Gibson’s family and friends.

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 Magistrates' Court of Victoria seeks expressions of interest from qualified persons for appointment as a Judicial Registrar.

Judicial Registrars are appointed by the Governor in Council on the recommendation of the Attorney-General. All expressions of interest are treated confidentially and may be drawn upon on an ongoing basis as future vacancies arise.

Successful candidates will be legally qualified with substantial practice experience and a demonstrated understanding of the Court's processes. Candidates must also have superior communications skills, resilience, and the ability to make timely decisions in a fast-moving environment. Required qualifications and conditions are set out in the Magistrates' Court Act 1989.

Judicial Registrars may exercise all or any powers of the Court delegated to them pursuant to the Magistrates' Court (Judicial Registrars) Rules 2015 which include the following:

Certain summary and traffic offences

Any infringeable offence

Certain matters associated with warrants and search warrants

Licence eligibility applications

Certain matters coming within the Diversion Program in the criminal jurisdiction of the court

Certain Civil causes of action for damages, debt or liquidated demands the value of which is less than $10,000 or $20,000 where the action relates to motor car damages

Certain offences under the Fences Act 1968

Civil Interlocutory applications

Civil mediations

Applications under the Victims of Crime Assistance Tribunal Act 1996

Certain applications for Personal Safety Intervention Orders

Judicial Registrars are required to sit at locations of the Magistrates' Court throughout Victoria as directed by the Chief Magistrate.

Salaries set by Governor in Council as per the Magistrates' Court Act.

The Magistrates' Court of Victoria is committed to ensuring that MCV reflects the rich diversity of the Victorian community. Women, people of all ages, LGBTIQ+ people, those with a disability and people of culturally and linguistically diverse backgrounds, including Aboriginal and/or Torres Strait Islander people, are encouraged to apply.

All expressions of interest must be received by no later than midnight on Wednesday 20 September 2023.

Click here for more information and to apply.

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.

• extensive, up-to-date knowledge of the Civil Procedure Rules;
• contribution in a similar capacity with other bodies (if any).

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.

The Victorian Bar News Editorial Committee is calling for contributions for the 2023 Summer edition (No. 174).

The VBN is the Bar’s twice-yearly magazine. While content is curated by the editorial committee it is driven by the Bar’s members and friends, so please let the stories, photographs and Verbatim contributions flow! The content deadline for the upcoming edition is 14 October 2023.  

Contributions (and any related questions) should be directed to vbneditors@vicbar.com.au.

Victorian Bar News Editorial Committee

The New Barristers' Committee Coffee with Silks series is returning for 2023. Held on three consecutive days at the Essoign Club, it’s an opportunity for new barristers to meet and engage with Silks in a relaxed, social setting. It’s informative, and it’s free!

8:00 – 8:45am Tuesday, 24 October: Criminal Law
8:00 – 8:45am Wednesday, 25 October: Public/Administrative Law, Tax Law, Industrial Law & Commercial Law
8:00 – 8:45am Thursday, 26 October: Family Law, Migration Law, Compensation Law & Common Law

RSVP by Monday, 16 October 

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.

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, 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.

• Individual applications are now open for part level 11, Aickin Chambers. This rare opportunity is open to all barristers, visit the Vacant Chambers page on the BCL website to view and apply for all available rooms.

• 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 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.

Click here to view the flyer.

The newest member of the FCFCOA courts is ‘Lucy’, an accredited support dog who will be on hand to enhance the experience of families and children as they go through the court process in the Melbourne Registry. The courts are looking for feedback on the program, so if members – or your clients – have been lucky enough to encounter Lucy and would like to provide feedback, you can do so here.

The Chief Justice of Victoria, Anne Ferguson, has released a statement on behalf of the Victorian courts and VCAT in response to Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice Systems.

You can read her Honour’s statement here.

The Equality & Diversity Committee reminds all signatories to the Law Council's Equitable Briefing Policy to submit their confidential reports by 30 September 2023.

You can submit your report on-line here.

The collection of this confidential and aggregated data is vital to assess the impact and effectiveness of the Policy. Guidelines are available from the Law Council website to assist adoptees in completing their reports.

The development of the next edition of the Australian Guide to Legal Citation (‘AGLC’) is now underway. It is hoped that the new edition, the AGLC 5, will improve the AGLC’s usability and comprehensiveness for the benefit of the Australian legal community.

Consequently, we are soliciting feedback and suggestions on the AGLC. We invite you to provide feedback.

This consultation period closes on 31 October 2023. For more information, please click here.

Melbourne Law School is pleased to present the following events:

Melbourne Law School 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   

Further information and registration.

2023 Sir George Turner Public Lecture:  

The Rule of Law in a Messy World: Limits, Limitations, and Challenges 

Presenter: Professor Emeritus Gerald J. Postema 

In his book, Law’s Rule, Professor Postema argues the rule of law aims to temper power and protect against power’s potential for arbitrary exercise. This profoundly important ideal serves an even more fundamental set of interrelated ideals – community, equality, and freedom from domination. The rule of law can only flourish when a community-wide ethos of fidelity supports it. Yet, law must resist capture by its enemies and rule in a world of entangled legal orders and competing moral values. While outlining and defending his conception of the rule of law, Professor Postema will explore challenges posed by law’s task of ruling in a ‘messy’ world. 

We hope you can join us for this opportunity to hear Professor Emeritus Gerald J. Postema speak. Light refreshments will be served from 5:30pm with the lecture starting at 6:00pm. 

Date & time: Wednesday, 4 October 2023, 5:30pm - 7:00pm 
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton   

Further information and registration   

2023 Seabrook Chambers Public Lecture:   

The changing form of the Executive branch of Government and declining accountability 

Presenter: The Hon. Robert Redlich AM KC 

In this lecture, The Hon. Robert Redlich will examine the centralisation of power, the exponential growth in the sphere of influence of ministerial advisors, the continuing decline in ministerial responsibility and the marginalised role of the public service. His presentation will explore how that changed environment has been accompanied by a lack of accountability in failing to follow conventions, codes of conduct and due process – aspects of due governance designed to maximise the prospect that the exercise of power serves the public interest. He also argues executive government’s willingness to address deterioration in these standards usually depends upon public exposure of these failings; the ability to inform the public is an essential function of an effective integrity commission. 

We hope you can join us for this opportunity to hear The Hon. Robert Redlich AM KC speak. The lecture will start at 6:00pm and is hosted by the Melbourne Law School. 
 
Date & time: Monday, 23 October 2023, 6:00pm - 7:00pm  
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton   

Further information and registration   

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.

Columbia Law School's Office of Graduate Degree Programs will soon travel to Melbourne to promote their Executive LL.M. and traditional LL.M. programs.

Click here to register to attend an information session.

FREE | Wednesday, 27 September, 12:00pm – 1:00pm | 1 CPD — Practice Management

Preparing a will for clients involves more than a one size fits all approach. It requires a deep understanding of the law, thorough information gathering, attention to detail, and effective communication.

Christien Corns, Partner and Sam Rappensberg, Senior Associate, K&L Gates, will identify the key areas that practitioners should focus on getting right when preparing wills and provide tips and strategies on how to avoid claims.

Whether you are a seasoned practitioner or new to wills work, this webinar will enhance your expertise and outcomes for your client.

FULL DETAILS AND REGISTER

About the speakers

Christien Corns has extensive experience acting in complex commercial litigation, with a particular focus on insurance, professional indemnity, major torts, sports, defamation and related media issues. 

Sam Rappensberg is an experienced insurance and commercial litigation lawyer, specialising in professional negligence, life insurance and defamation matters. 

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:

• the role of an advocate as a symbol and actor in confronting settings
• the necessity of the rule of law
• the importance of advocates speaking truth to power.

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.

Invitation to 2023 Sir Zelman Cowen Centre Oration: Craig Foster AM on sport as catalyst for social change

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.

Sentencing Theory and Practice Masterclass

Emeritus Professor Arie Freiberg AM, former Chair of the Victorian Sentencing Council, will be facilitating the Sir Zelman Cowen Centre’s Sentencing Theory and Practice Masterclass.

The Masterclass runs over two intensive days, and is crafted for those already aware of the practices and challenges of sentencing in the criminal jurisdiction but wishing to deepen their understanding. Each year the program attracts participants from different backgrounds, including law firms, police, regulatory agencies, the Office of Public Prosecutions, and the courts. The program is highly interactive, allowing participants to share and contribute to each other’s knowledge, and to build connections with other practitioners. As such, places are limited to a maximum of 20 people.

The details are:

Date: Thursday, 12 October and Friday, 13 October 2023

Time: 9:30am – 5:00pm

Delivery: In person at the Sir Zelman Cowen Centre, 295 Queen Street

Cost: $1,250 including GST (this includes full catering)

Register: by email to cowen.centre@vu.edu.au

Participants can claim 10 Continuing Professional Development (CPD) points for completing the masterclass. For further details please see the attached information. More information is also available on the SZCC website here.