In Brief Issue #1149

17May
Georgina Schoff KC
President

Last Friday evening, I had the pleasure of attending the NSW Bar & Bench Dinner. It was a lively event, and the speeches were excellent, especially that of the guest speaker, the Honourable Justice Beech-Jones of the High Court of Australia. For those of you attending the Victorian Bar Dinner tomorrow evening, you are in for a treat. I thank the President of the NSW Bar, Dr Ruth Higgins SC, and the NSW Bar Council for their hospitality.

I look forward to seeing those attending the Bar Dinner tomorrow evening at the NGV at 7:00pm. 

ABA Council Quarterly Meeting

Whilst in Sydney last Friday, the Executive Director of the Bar and I also attended a meeting of the ABA Council. One item discussed was the President’s letter sent earlier that day to the Federal Attorney-General and others concerning Exposure Drafts of the Treasury Laws Amendment (Better Targeted Superannuation Concessions) Bill 2023 and the Treasury Laws Amendment (Better Targeted Superannuation Concessions) Imposition Bill 2023 (the Draft Bills), as they affect Commonwealth and Territory superior court judges. The President’s letter raised concerns about the effect of the proposed legislation on judicial independence and sought further consultation. A copy of the letter can be seen here. Members may also be interested to read the report of the Senate Economics Legislation Committee on the Draft Bills. The discussion on the application of the bills to judicial pensions is at [2.59]–[2.70] (pages 33–36); the majority Committee view is at [2.131]–[2.133] (pages 49–50); and the minority (Opposition) view is at [1.74]–[1.84] (pages 70–72).

The ABA Council also discussed the chronic shortage of legal practitioners in the Northern Territory, particularly in Alice Springs. The Northern Territory has a unique and diverse legal landscape that presents opportunities to develop as a lawyer, whether as part of an early to mid-career development step or towards the end of your career. Contract positions for barristers with some experience in criminal defence work are available for a minimum of twelve months and can be found through NAAJA careers and NTLAC employment.

Welcome Ceremony

The welcome ceremony for the Honourable Justice Rowena Orr as a Judge of Appeal of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne, on Tuesday, 21 May 2024, at 9:15am.

I encourage all counsel to attend if they can. For those more senior, please consider contacting the juniors who you mentor and some of your recent or not so recent juniors to encourage them to attend the ceremony with you. If you are currently reading, please come along to what will be the first welcome ceremony since you signed the Bar Roll.

Law Week 2024

The Victoria Law Foundation’s annual Law Week commences on Monday. The Victorian Bar is a proud supporter of Law Week and will host three events:

The Diversity Internship: The Courts and the Victorian Bar

On Tuesday, 21 May, at 1:00pm a panel, including the Honourable Justice Rofe of the Federal Court of Australia, the Honourable Justice Forbes of the Supreme Court of Victoria, and the Honourable Judge Karapanagiotidis of the County Court of Victoria, will discuss the Bar’s Diversity Internship Program which was successfully launched in 2023. Registration details are available here.

Cross-examine a barrister 

On Wednesday, 22 May, at 1:00pm, the Student Engagement Committee and the Indigenous Justice Committee will co-host an information session about barristers and how to become one. If you know someone who might be interested in this session, registration details are here.

Lawyers on film 

On Thursday, 23 May, from 5:30pm to 7:00pm, Siobhán Ryan KC will host a panel and Q&A session with film director Daryl Dellora and John Ribbands, who featured in the Whitely Art Scandal, a documentary about an art fraud case he appeared in. The event will delve into the difficulties involved in legal storytelling and explore the allure, responsibilities, and ethical considerations inherent in documenting real lawyers and their cases on film. Registration details are here.

Georgina Schoff KC

Vicbar News & Events
Conduct Policies

As part of our commitment to maintaining a respectful and inclusive work environment at the Victorian Bar, we want to remind everyone of their responsibilities and of the Bar’s zero tolerance towards sexual harassment, discrimination, and bullying. To view the Bar’s policies, click here.

Welcome Ceremony — The Honourable Justice Rowena Orr

Supreme Court of Victoria
Court of Appeal

A welcome ceremony to mark the appointment of the Honourable Justice Rowena Orr as a Judge of Appeal of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:

Tuesday, 21 May 2024 at 9:15am

All counsel are encouraged to attend, robed.

Farewell — His Honour Magistrate John Hardy

Magistrates’ Court of Victoria

A ceremony to farewell his Honour Magistrate John Hardy will be held in Court 1 of the Melbourne Magistrates’ Court, 233 William Street, Melbourne on:

Monday, 27 May 2024 at 4:15pm

All counsel who are able to do so are asked to attend. The ceremony will also be livestreamed via Webex here.

Funeral Details — Ian Hayden

Bar Roll No. 708

A funeral will be held at St Joan of Arc, 118 New Street, Brighton on:

Friday, 7 June 2024 at 11:00am.

We extend our deepest sympathies to Ian's family and friends.

Practising Certificate & Professional Indemnity Insurance Renewal – 2024/25

The LPLC portal went live in early April 2024 for LPLC Professional Indemnity Insurance (PII) renewal. PII premiums are required to be paid by Friday, 31 May 2024, members are now encouraged to renew online on the LPLC website and the  LSB Online Portal to complete your PC renewal. Please note: You must complete both your PII insurance and your LSB Online application for your PC to renew and issue.

Information on renewing practising certificates can be found on the VicBar website here.

Links for online lodgement are available at LSB Online and for the LPLC.

Please log in to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form. If you have forgotten your password, you can reset this on the LSB Online login screen by selecting ‘forgot password’. You will receive an email to reset your password.

If you experience technical difficulties with LSB Online, please contact the VLSB+C via their lawyer enquiry form. Frequently asked questions and LSB Online user guides can also be found here.

Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7105.

SiSU Health Station

For the month of May, Owen Dixon Chamber East is home to the SiSU Health Station. 

The health assessment takes under five minutes to complete and provides a snapshot of your health, from blood pressure to Type 2 Diabetes risk.

Bookings are not required. 

Law Week 2024

The Diversity Internship: The Courts and the Victorian Bar – Tuesday, 21 May 2024

This panel will reflect on the inaugural diversity internship in 2023, which provided an invaluable opportunity for law students from diverse backgrounds to undertake a paid internship whilst being supervised by members of the Victorian Bar and the Judiciary. Meet our inaugural interns and hear about their experiences along with the judges who hosted them.

When: Tuesday, 21 May at 1:00pm (also available via livestream)

Where: Neil McPhee Room, Level 1, Owen Dixon Chambers East

Panel: 

  • The Honourable Justice Rofe (Federal Court of Australia)
  • The Honourable Justice Forbes (Supreme Court of Victoria); and
  • The Honourable Judge Karapanagiotidis (County Court of Victoria)
  • Ms Halima Weli (La Trobe University)
  • Ms Mursal Rezai (Swinburne University)
  • Ms Hanna Amin (Melbourne University)

Tea & Coffee will be available at the conclusion of the panel.

To register, click here.

Cross-Examining a Barrister – Wednesday, 22 May 2024

Hosted by the Student Engagement Committee and Indigenous Justice Committee of the Victorian Bar, this event gives students the opportunity to have their questions on the path to becoming a barrister and what barristers do answered by a live panel of members of the Victorian Bar. It is an opportunity for students to discover the ethical considerations of being a barrister and gain insight into the profession’s nuances and responsibilities. Learn about the path to becoming a barrister, what a barrister does, and more.

The panel will take place at 1:00pm in the Neil McPhee Room, Owen Dixon Chambers East. To register, click here.

Lawyers on Film – Thursday, 23 May 2024

The Victorian Bar presents a Panel + Q & A session: “Lawyers on Film”. The panel comprises documentary film director Daryl Dellora and barrister John Ribbands. Daryl is the writer and director of law related documentaries including ‘Mr. Neal Is Entitled To Be An Agitator’, ‘The Highest Court’, ‘Michael Kirby - Don't Forget The Justice Bit’ and ’ The Search For The Palace Letters’. His work has given him unusual access to legal personalities and the courts, including the High Court of Australia. John Ribbands was counsel in the Brett Whiteley art fraud trial in the Victorian Supreme Court and is featured in the two-part documentary, The Whiteley Art Scandal.

The panel will take place at 5:30pm in the Peter O’Callaghan QC Gallery. To register, click here.

Industrial Bar Association Annual Comedy Debate (in concert with the Criminal Bar Association)

The Industrial Bar Association will be holding its Annual Comedy Debate on Wednesday, 29 May 2024, between 5:30pm and 8:30pm at The Basement Club, Morris House, 120 Exhibition St, Melbourne.

This year, the Apex Debate-Predator of the Industrial Bar Association, Rachel Doyle SC, will go head-to-head with the Criminal Bar Association’s People’s Champion, Patrick Doyle SC, in a multi-verse-VicBar-association night of (purported) comedy to remember. James Page (IBA) and Zoe Broughton (CBA) will be the Titans’ respective juniors.

Will “Our Razza”, the Great White Fair Work Shark, take a big enough bite out of Mister Fantastic Forensic Magic? Or will we finally learn that A Life of Crime (Barrister-ing) does, in fact, pay?

We’re all gonna’ need a bigger boat (and better marketing). Tickets are on sale until midday, 28 May or until sold out for current IBA and CBA members only at this link.

Contact (the Hapless Promoters in waters too deep): Siobhan.Kelly@vicbar.com.au / Chris.McDermott@vicbar.com.au

Cultural Diversity in the Profession: Where to from here?

The Equality and Diversity Committee invites you to a panel discussion titled "Cultural Diversity in the Profession: Where to from here?" This insightful event aims to explore issues surrounding cultural diversity within the legal profession and chart a path forward toward greater inclusivity and representation.

Date: Thursday, 30 May
Time: 5:15pm - 6:30pm
Venue: Neil McPhee Room
Followed by: Drinks in the Essoign (Please note that drinks are not funded, attendees will be responsible for their own expenses. No canapés will be provided.)

We are honored to announce our distinguished panel members:

  • Justice Andrew Strum
  • Judge Sharon Burchell
  • Minal Vohra SC
  • John Heard
  • Zubin Menon (Moderator) Sheeana Dhanji (Co-Moderator)

Their collective expertise and perspectives promise to offer invaluable insights into the challenges and opportunities surrounding cultural diversity in our profession.

Please RSVP via the link here to confirm your attendance. 

BCL Updates
  • 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.
Victorian Bar member CPD and events

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.

  • Judicial College of Victoria: How to use bench books and other resources effectively is on Tuesday, 21 May 2024, from 5:15pm to 6:15pm. The Judicial College Bench books (including the Victorian Sentencing Manual and Criminal Charge Book) are a valuable resource for practitioners and the judiciary alike. Learn how to navigate these new resources and how best to utilise them in practice. This is an in-person event and will also be available online via livestream. Click here to RSVP
     
  • Mediators Discussion Group is on Wednesday, 22 May 2024, from 5:00pm to 6:00pm. This seminar will focus on good faith in mediations. What does it mean to negotiate in good faith to resolve a dispute? What happens if a party to a mediation is not there in good faith?. This is an in-person event and will also be available online via Zoom. Click here to RSVP
     
  • Tax Bar Association Series - PepsiCo is on Monday, 27 May 2024, from 5:30pm to 6:30pm. The Tax Bar Association invites you to a CPD session on the recent Federal Court decision in PepsiCo, Inc v Commissioner of Taxation [2023] FCA 1490. Presented by Dr Julianne Jaques KC and Prudence Barker, the session will cover the key features and issues in this landmark case. This is an in-person event and will also be available online via livestream. Click here to RSVP
     
  • The New Part VII FLA- Litigating parenting matters without ‘the presumption’ and with the revised ‘best interests test’ is on Wednesday, 29 May 2024, from 5:15pm to 6:15pm. This CPD will be Part 1 of a structured panel discussion considering the application of the amendments to the preparation and presentation of parenting cases moving forward. Part 2 to come dealing with the second tranche of amendments concerned with property settlement proceedings. This is an in-person event and will also be available online via livestream. Click here to RSVP

For more upcoming CPD events, please visit our listings here.

Vicbar Life
The Essoign Club

We would like to officially welcome Thomas Webb as the Club’s new Executive Chef.

Here is a little bit about Tom:

  • Tom has experience working for some of Melbourne’s best restaurants, with key career landmarks whilst working at Andrew McConnell venues (Cumulus Inc, Marion Wine Bar, Builders Arms Hotel) and Bistro Guillaume
  • His passion for food and cooking climbed in levels when working at Bistro Guillaume as it was here, he learnt a mix of old and modern cooking techniques, while working with a team of high-performance Chefs
  • During his time a Trader House, Thomas worked with a range of cuisines that allowed him to bring constructive ideas to operational matters within a business that had a dynamic team of hospitality professionals.

Click here to view the May lunch menu.

Member Benefits portal for Bar members

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 for the monthly Best Buys!

Practice & Profession News
Practice and Procedure update - Practice directions

The Court has released a new Practice and Procedure update here.

With today’s commencement of the Family Law Amendment Act 2023 and the Family Law (Information Sharing) Act 2023, amendments have taken effect to four practice directions:

  • Central Practice Direction: Family Law Case Management
  • Family Law Practice Direction: Parenting Proceedings
  • Family Law Practice Direction: Financial Proceedings
  • Family Law Practice Direction: Critical Incident List

In addition, the COVID-19 List Practice Direction has been revoked.

Guideline on responsible use of AI in litigation

The Supreme Court of Victoria has recently published guidance on the responsible use of artificial intelligence (AI) in litigation.

Reforming Sentence Deferrals in Victoria: Final Report

The Sentencing Advisory Council published a new report, Reforming Sentence Deferrals in Victoria: Final Report, with ten recommendations for reforms relating to sentence deferrals.

Click here to read more.

Barristers invited to opt into pilot Equity and Diversity List

Barristers and advocates who self-identify with one or more diversity traits are invited to opt into Victoria Legal Aid’s pilot Equity and Diversity List.

The list supports equitable briefing by assisting lawyers to find and brief diverse counsel for legally aided matters.

Read more and opt into the pilot Equity and Diversity List on Victoria Legal Aid’s website.

Richard Griffith Library

This is a friendly reminder that the library is a valuable legal resource for all barristers. We offer a wide variety of materials for your use, but there are a few important points to keep in mind. Our collection of books is available for browsing and reading within the library. To ensure everyone has access, please remember that books cannot be taken outside the library.

Unfortunately, we've noticed a number of books missing from the shelves, including some key titles. We kindly ask that you return any library materials you may have borrowed as soon as possible. This ensures everyone has access to the information they need. Thank you for your cooperation and continued support of the library.

  • Conflict of Laws in Australia Nygh 10th ed (2019)
  • Constitutional Law in Australia 3rd ed  by Hanks (2011)
  • Judicial review of non-statutory executive action by Sapienza (2020)
  • DeSmith’s Judicial Review 8th ed (2018)
  • Administrative Appeals Tribunal 5th ed (2020)
  • Migration Law: annotated Migration Act with legislation by Petrie (2016) and (2021)
  • Australian Taxation Law cases 2023 by Sadiq (2023) 
  • Australian Real Property Law by Moore (2020)
  • Dean’s Law of trade secrets and privacy  3rd ed (2018)
  • Copyright Law by Brennan (2021)
  • The modern contract of guarantee by O’Donovan (1985) and (2020)
  • Assaf’s winding up in Insolvency 3rd ed (2021)
  • Law of Limitation by Dal Pont 2nd ed (2021)
  • Class Actions by Graves 3rd ed (2022)
  • Fundamentals of Trial Techniques by Mauet 4th ed (2018)
Profession CPD & Events
IBA Annual Conference

Taking place from 15-20 September 2024 at the Centro Citibanamex in Mexico City, this conference offers a unique opportunity for you to engage in a diverse array of legal sessions, extensive networking prospects, and insights from some of the globe's top legal professionals.

For detailed information about the conference, please visit our website.

Sisters in Crime — 18th Law Week event

18th Law Week event: Postmortem: What bugs, bruises, blood, bones . . . and teeth tell us about suspicious deaths.

Friday, 24 May, 6:00pm for 6:30pm.

Hosted by Dr Liz Porter with Associate Professor Linda Illes (forensic pathologist), Dr Melanie Archer (forensic pathologist and forensic entomologist), Dr Lyndall Smythe, forensic odontologist, and Dr Sam Rowbotham (forensic anthropologist). Sir Zelman Cowen Centre, Victoria University, Queen Street Campus, Heritage Courtyard Lecture Theatre, 295 Queen Street, Melbourne.

Info here.

Bookings here.

Info on Victorian Law Week here.

A call for presentations to the International Access to Justice Forum

Our friends at Osgoode Hall Law School of York University in Canada are hosting the 2024 International Access to Justice Forum (IA2J Forum) in downtown Toronto from October 23-25, 2024.

For those interested in presenting at the conference, the submission portal is open for proposals. Please note that all presenters must plan to attend the conference in person.

Presentations are invited from scholars, researchers, legal practitioners, court, tribunal, and dispute resolution staff and other legal service providers from around the world on a range of topics relating to access to civil justice.

Topics of interest include:

  • New data or empirical analysis regarding the prevalence of civil legal problems, perceptions or understandings of legal matters, or behaviour taken in response to justiciable events; 
  • Legal professional regulatory reform, alternative legal service providers, and innovative legal service partnerships;
  • The role of legal technology in enhancing access to justice;
  • Access to justice in the face of climate change, global conflict, and economic change;
  • Interventions and approaches to enhance equality in access to civil justice for underserved groups;
  • Research regarding the outcomes and impacts of legal services, or the return on investment regarding the delivery of legal services; and
  • The place of access to justice in legal education.

Those interested in presenting should submit a brief abstract (no more than 3,000 characters) that clearly identifies the proposed topic and summarises key findings or lessons. Submissions will be reviewed on a rolling basis.

Questions about proposals may be directed to Erika Robinson, Research Events & Communications Coordinator, Osgoode Hall Law School, York University.

Deadline for Submissions: May 31, 2024 (11:59pm ET).

Subscribe to 2024 conference updates.

Careers & Opportunities
Expression of Interest now open — Casual Sessional Teaching

Monash Law is one of the largest and most dynamic law schools in Australia.

We invite expressions of interest to work with our team of experienced educators and leading academics.

As a casual (sessional) academic staff member, you are an important part of the Faculty’s teaching program. You will assist the Law Faculty to maintain our high quality in teaching and learning, addressing students’ learning requirements for core units, and increase flexibility in subject offerings.

You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience, and have the capability to work within our teaching teams at either Clayton and the City Chambers, daytime or evening classes. Casual work may be available in lecturing, tutoring, and marking in private and public law units and clinical offerings.

Please contact us via the Expression of Interest portal here.

Australian Academy of Law - Annual Essay Prize 2024

The Australian Academy of Law is pleased to announce its Annual Essay Prize 2024.  

Click here for the notice, and for more information, visit the AAL website page.

NAAJA Vacancies | Managing Criminal Lawyer - Darwin & Managing Criminal Lawyer - Alice Springs

NAAJA are currently advertising the below positions:

Click the links above for more information on the role and to apply.

In Brief submissions

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, 23rd May 2024