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In Brief Issue #1150
24May
Bar Dinner
The Bar Dinner, held last Saturday evening, was a great success. The move to the glorious Great Hall at the National Gallery of Victoria and a Saturday night worked well to elevate spirits. Of course, no Bar Dinner is a success without a great speaker, and we were all privileged to hear a truly great speech, delivered with warmth and humour, from the Honourable Justice Robert Beech-Jones. His Honour reminded us how privileged we are to be members of the Victorian Bar and explained why it is so important that we ensure, as far as possible, that the composition of our membership fairly reflects the public that it serves. Our Bar Office staff put in great effort to ensure the evening went smoothly. I would like to make special mention of Stephen Porter and Roisin Ryan, from our Events and Communications team, who plan and execute these large events with poise, calm, and an eye for detail.
Welcome
On Tuesday morning, I was delighted to appear with Ben Ihle KC on behalf of the Victorian Bar at the ceremony to welcome the Honourable Justice Rowena Orr to the Supreme Court of Victoria as a Justice of the Court of Appeal. It was one of the great welcomes, and I was pleased to see so many members in attendance.
Bar Council
Bar Council met on Tuesday evening. We had a lengthy meeting and a long agenda that we failed to get through, which means that we will meet again on 4 June 2024. I am pleased to advise members, however, that we did deal with a number of important items:
Subscriptions: We resolved not to increase subscriptions this year. We have determined however, to review whether the subscription rates in each band are appropriate and will undertake that work at the start of the next financial year.
Bar Readers’ Course: We resolved to accept the recommendation of the Readers’ Course Committee (RCC) that the Readers' Course should be six weeks in duration. That recommendation was made on the strength of a thorough review of the course content undertaken by a working group established by the RCC which met at length on a weekend. The Bar Council recorded its formal vote of thanks to the RCC and particularly all those involved in the working group: Anthony Strahan KC, Ben Ihle KC, Chris Archibald KC, Albert Dinelli KC, Chris O’Grady KC, Felicity Fox, Mark Hosking, Kate Burke, Alexandra Folie, Aphrodite Kouloubaritsis, James McComish and Michelle James and Nikki Walker from the Bar’s Education team.
Bar Exam: Bar Council also resolved to approve a new Entrance Examination Policy and to establish an Accessibility Advisory Panel, chaired by Jenny Firkin KC, which will advise the Exam Committee about applications for alternative sitting arrangements. The Entrance Examination Policy, which sets out the process for alternative sitting arrangements and special consideration applications, will soon be made available on our website.
Report of the Strategic Plan Working Group: The Bar Council has received the report of the Strategic Plan Working Group chaired by Philip Crutchfield KC. The comprehensive report and draft Strategic Plan are impressive documents that follow widespread consultation with members of the Bar, its Committees and Associations, the Courts, the VLSB+C, the solicitor branch of the profession, including the VGSO, and many other organisations with which the Bar deals. Bar Council will discuss the proposed Strategic Plan at its next meeting. On behalf of the Bar Council, I thank all those involved in the working group. We have saved a significant amount of member’s money by undertaking this work ourselves and all those involved will attest to the fact that the process of consultation and the many conversations that the working group has had, particularly with our external stakeholders, have been of benefit to our Bar and, we hope, have strengthened those relationships.
Members may not be aware that minutes of Bar Council meetings are available on our website. We try to ensure that the minutes are as comprehensive as possible and redacted only as strictly necessary. However, there is a delay, as the minutes of each Bar Council Meeting are settled at the following meeting.
September 2023 Readers
Last night, I was honoured to attend the Readers and Mentors Dinner for the September 2023 Readers cohort, who have now completed their reading period. I spoke about why it has been necessary to reform the Bar Exam and the Readers’ Course and assured the September 2023 Readers that we are not moving to three courses next year, nor is it our intention to have three courses every year. They are a brilliant and hard-working cohort and will, I am sure, thrive at the Bar. The guest speaker last evening was Georgina Costello KC, who spoke about her experiences as a barrister, the highs and lows, and counselled us all to be authentic in our advocacy. It was a truly memorable speech. I thank the RCC, the mentors, and the Bar’s Education Team, particularly Michelle James and Nikki Walker, for all that they have done to support the September 2023 Readers and for a lovely evening.
Top-Up Insurance to cover gaps in LPLC Professional Indemnity insurance
Members are required to renew their Professional Indemnity insurance with the LPLC by 31 May 2024. I urge members to consider their own particular insurance needs and to reflect on whether they should also take out top-up cover with Affinity Risk. Further details are in the notice below.
Sisu health
There is one week left for members to complete a health assessment at the health station located in ODCE. I strongly encourage those walking past to take a few minutes to complete the health snapshot.
Law Week
This week, the Bar hosted three successful events for the Law Foundation of Victoria’s Law Week. I extend my sincere thanks to the event organisers and encourage our Associations and Committees to consider Law Week when planning for 2025.
Welcome ceremonies next week:
His Honour Magistrate Michael Gurvich and his Honour Magistrate Andrew Waters.
To be held in Courtroom 1, Melbourne Magistrates’ Court, 233 William Street Melbourne on Friday, 31 May 2024 at 9:00am. Click here to view the ceremony.
Georgina Schoff KC
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.
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.
A welcome sitting to mark the appointments of his Honour Magistrate Michael Gurvich and his Honour Magistrate Andrew Waters will be held in Courtroom 1, Melbourne Magistrates’ Court, 233 William Street Melbourne on:
Friday, 31 May 2024 at 9:00am
Click here to view the ceremony.
His Honour Magistrate Tim Schocker
Her Honour Magistrate Louise Wildberger
A welcome sitting to mark the appointments of his Honour Magistrate Tim Schocker and her Honour Magistrate Louise Wildberger will be held in Courtroom 1, Melbourne Magistrates’ Court, 233 William Street Melbourne on:
Friday, 7 June 2024 at 9:00am
Click here to view the ceremony.
National Reconciliation Week (NRW) in Australia is a significant time for all Australians to come together and engage in meaningful conversations, activities, and events that promote reconciliation between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians. NRW is observed annually from 27 May to 3 June, marking two significant milestones in the reconciliation journey: (a) the anniversary of the 1967 referendum; and (b) the High Court Mabo decision.
This year’s theme is “Now More Than Ever”. This is a reminder to all of us that now, more than ever, the work continues. In treaty making, in truth-telling, in understanding our history, in education and in tackling racism.
The National Reconciliation Week 2024 design and artwork represent the momentum of the theme. The vibrant artwork of Gubbi Gubbi artist Maggie Douglas and the chevron encourage connecting with one another, understanding, and continuing to move forward.
National Reconciliation Week 2024 presents an opportunity for Australians to come together, listen, learn, and take meaningful steps toward building a reconciled, just, and equitable nation. To get involved, visit Reconciliation Australia’s website for more information and discover what activities and events are taking place in your local area next week!
The Indigenous Justice Committee also organised an insightful and dynamic discussion about the historic and significant legal framework for Treaty-making on 28 May 2024. This is an in-person event at Koiki Mabo Chambers, 66-68 Dudley Street, West Melbourne, Victoria 3003. The session will explore the guiding statutory principles for the Treaty process and the functions of the First Peoples’ Assembly of Victoria and the Treaty Authority. To register, please click here.
Join us in bridging our narratives and shaping a future where reconciliation is at the heart of our collective identity. Now more than ever, we need reconciliation. #NRW2024
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.
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
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.
- Why Take Chambers with BCL? As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution of chamber and technology support only available to members of the Bar. Click here to view our current vacancies.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- 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
- “Treaty, yeah? Treaty, how?” – Victoria’s Legal Framework for a Treaty with First Nations Peoples is on Tuesday, 28 May 2024, from 5:15pm to 6:30pm. As part of the Bar’s commitment to Reconciliation Week, the Indigenous Justice Committee is proud to invite members of the Bar to attend an insightful and dynamic discussion about the historic and significant legal framework for Treaty-making. This session will explore the guiding statutory principles for the Treaty process and the functions of the First Peoples’ Assembly of Victoria and the Treaty Authority. This is an in-person event only. 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
- “Did my client really say that?” How to determine the reliability of a transcript of a covert recording is on Monday, 3 June 2024, from 5:15pm to 6:15pm. Covert recordings are routinely admitted in criminal trials. When the audio is indistinct, a transcript, often prepared with investigators, can be provided to assist the court in understanding the content. It is now well established that an inaccurate transcript can ‘assist’ listeners to hear words that were never spoken. This presentation considers these issues from the perspective of linguistic science, making recommendations that may be useful both in individual cases and on a broader scale. 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.
Gideon Obarzanek, the co-director of Rising, Melbourne’s eclectic winter arts festival, has put together a Gig Guide for time-poor barristers who would like to attend the festival between 1-16 June.
Click here to view the guide for more information.
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.
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!
Please find a link to a publication updating the case management and listing practices in the Institutional Liability List.
Please find a link to a publication updating the case management and listing practices in the Dust Diseases List.
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 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.
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)
The Australian Bar Association's Appellate Advocacy Workshop is returning and will be held in Sydney from Friday, 13 to Saturday, 14 September 2024.
The ABA Appellate Advocacy Workshop is a two-day workshop offering residential and non-residential registration, and is designed to develop your skills as an experienced appellate advocate. The Workshop focuses on the skills required to seek leave to appeal, engage effectively with the bench, and craft comprehensive yet concise written submissions. It begins by exploring the essence of appellate advocacy, followed by a detailed examination of each of the elements involved in an appeal. The groups are small and the coach-to-participant ratio is high, enabling you to work closely with judges and experienced counsel.
There are only 24 positions available. Seniority of at least 8 years' at the private Bar is a pre-requisite. The course is highly demanding, involving four required performances (two leave and two full appeals).
Registrations close Wednesday, 31 July 2024.
For more information and to register click here.
For all enquires please contact the ATC Secretariat at cpd@qldbar.asn.au or phone (07) 3238 5100.
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).
The Attorney-General wishes to appoint a member to the Professional Standards Council of Victoria.
The Professional Standards Councils are independent statutory bodies with powers to assess and approve applications from occupational associations for professional standards schemes that limit the civil liability of members.
Expressions of interest are sought from suitable candidates with:
- Experience at a senior level in a profession or professional association, occupational regulation, professional standards, or consumer protection.
- A background in one or more of the following areas:
- accounting,
- financial services
- actuarial science,
- complaints and disciplinary systems,
- continuous improvement strategies,
- legal services,
- professional ethics,
- professional indemnity insurance,
- professional negligence litigation,
- risk management/compliance systems,
- senior government policy or regulatory experience.
Applications close Sunday, 17 June 2024.
Click here for more information and to apply.
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 are currently advertising the below positions:
- Managing Criminal Lawyer - Darwin office
- Managing Criminal Lawyer (Centralia Australia) - Alice Springs
Click the links above for more information on the role and to apply.
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, 30th May 2024