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In Brief Issue #1157
12Jul
Another school holiday edition of InBrief.
Our Commercial Bar Association colleagues are slowly returning to Australia after what I understand was a very successful conference in London.
Colin Mandy SC represented the Bar this week at an event co-hosted by the National Legal Aid, the Law Council of Australia, and the Law Institute of Victoria to discuss how to respond to the crisis facing legal aid funding. The panel and audience discussed the importance of a strong and viable legal assistance sector and the ways in which it makes sound economic sense for the government to fund it appropriately.
Train the Trainer Program 2024
Through our International Advocacy Training Committee, we have partnered with the Papua New Guinea Centre for Judicial Excellence and the Pacific Justice Sector Programme to deliver a Train the Trainer Program. This is a fantastic initiative and opportunity for members to get involved in developing the advocacy skills of lawyers in the Pacific Rim and taking those skills back to their home countries.
Twenty delegates from Papua New Guinea, Vanuatu, Tonga, Solomon Islands, and Fiji will be in Melbourne from 29 July—9 August 2024 for an intensive advocacy training program.
We are seeking members to volunteer to either help teach within the program, be available to mentor one delegate throughout their two-week stay, and/or attend a dinner for the delegation.
Volunteering opportunities include:
- Teach in the Program – seeking experts across the fields of evidence in chief, cross-examination, and re-examination. Ideally, you will have experience in giving critical feedback and judging moots.
- Mentor one of the delegates– this involves having your assigned mentee shadow you in court appearances and being available to give guidance and support while they are in Melbourne. There will also be an opportunity to join in on social activities being arranged for the Pacific Rim delegation.
Please complete the form here if you are interested in volunteering. If you have any questions, contact Michelle James.
Lawyer Wellbeing Theory of Change Project
The Victorian Legal Services Board + Commissioner (VLSB+C) is facilitating the Lawyer Wellbeing Theory of Change project – an initiative that will see the legal system co-design a shared model for system-wide change in lawyer wellbeing.
The survey seeks to understand the systemic barriers to lawyer wellbeing within the legal sector. Please click here to complete the online survey. For more information about the project, please visit the VLSB+C website here.
Departure
I am sad to report that a steadfast presence at the Essoign, LeRae Mueller is finishing at the Essoign, after working there for nearly three years. We wish her all the best in her future endeavours.
Town Hall
A reminder for members that a town hall meeting regarding BCL’s acquisition of 200 Queen St, Melbourne, will be held on Tuesday, 30 July 2024, from 4:30pm to 5:30pm in the Neil McPhee Room. Members are encouraged to submit questions via the form here prior to the meeting.
Elizabeth Bennett SC
Bar Roll No: 2888
It is with deep regret that the Bar informs members of the death of the Honourable Frank Turner.
Frank signed the Bar Roll on 16 October 1975 and read with R Patrick Dalton OAM KC. He was a member of the Victorian Bar for 44 years.
A funeral will be held at St George’s Anglican Church, 296 Glenferrie Road, Malvern, on:
Monday, 22 July 2024 at 11:00am.
A full obituary will be published in the coming days.
We extend our deepest sympathies to Frank’s family and friends.
Bar Roll No: 1744
It is with deep regret that the Bar informs members of the death of Denis McDonald.
Denis signed the Bar Roll on 18 November 1982 and read with Paul O’Dwyer. He was a member of the Victorian Bar for 37 years.
We extend our deepest sympathies to Denis’ family and friends.
Thank you to those members who have paid their subscriptions by the due date. If you have not paid your subscriptions for the 2024-2025 Financial Year, we ask members to make payment of your subscription now. Please click here. If you have any questions relating to your subscription, please contact membership or call on 9225 8326.
Members of the Bar are invited to a “town hall” meeting where they can ask questions of BCL and the Bar Council regarding the acquisition of 200 Queen Street, Melbourne.
This is a momentous decision and one that we consider will ensure the sustainability of the BCL model, now and into the future.
Members are encouraged to submit questions here prior to the town hall. This will enable the panel to cover as many issues as possible on the evening.
PANEL:
The Honourable John Digby KC, Georgina Schoff KC, Elizabeth Bennett SC, Colin Mandy SC, Sarah Keating, Sam Hay KC and Paul Clark.
DATE AND TIME
4:30 – 5:30pm, Tuesday, 30 July 2024
VENUE
Neil McPhee Room, Level 1, Owen Dixon Chambers East, 205 William Street, Melbourne
Expressions of Interest are sought from interested members for appointment to the Department of Justice and Community Safety’s NLAP (National Legal Assistance Partnership) Governance Committee.
The NLAP is an agreement between the Commonwealth, States, and Territories that recognises mutual interests and responsibilities in the provision of legal assistance services to help people experiencing disadvantage and vulnerability.
The NLAP Victorian Governance Committee (Committee) supports the coordinated engagement of Victoria’s responses to key priorities relating to the NLAP. The Committee works together on identifying the issues and priorities of the legal assistance sector within Victoria. The Committee reports to the Attorney-General via DJCS executive structure. Committee members consist of representatives from: DJCS, Courts, Civil and Criminal Law (chair), DJCS, Aboriginal Justice, Victoria Legal Aid, Federation of Community Legal Centres, Victoria Law Foundation, Victorian Aboriginal Legal Service, and Djirra.
Click here for further information.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Please forward your expression of interest to sharni.doherty@vicbar.com.au. The closing date is Monday, 22 July 2024.
Through the Victorian Bar's International Advocacy Training Committee, Vic Bar has partnered with the Papua New Guinea Centre for Judicial Excellence and the Pacific Justice Sector Programme to deliver a Train the Trainer Program. This is a fantastic initiative and opportunity for members to get involved in developing the advocacy skills of lawyers in the Pacific Rim and taking those skills back to their home countries.
Twenty delegates from Papua New Guinea, Vanuatu, Tonga, Solomon Islands, and Fiji will be in Melbourne from 29 July—9 August 2024 for an intensive advocacy teaching and training program.
We are seeking members to volunteer to either help teach within the program, be available to mentor one delegate throughout their two-week stay and/or attend a dinner for the delegation.
- Teaching in the Program – seeking experienced volunteers to teach evidence in chief, cross-examination, and re-examination. Ideally, you will have experience in providing feedback, judging moots and advocacy teacher training;
- Mentoring one of the delegates – this involves having your assigned mentee shadow you in court appearances and being available to give guidance and support while they are in Melbourne. There will also be an opportunity to join in on social activities being arranged for the Pacific Rim delegation;
- Annual Dinner - on 7 August, there will be a dinner for the delegation in the Essoign Club, at which Fiona McLeod AO SC, will speak to the delegation on the importance of the Rule of Law. This will be a great networking event where you can chat with members of the delegation, members of the Bar, and guests attending. All members are welcome to attend.
Please fill in the form here if you are interested in teaching, mentoring and/or attending the annual dinner. If you have any questions, please reach out to Michelle James.
The Indigenous Justice Committee of the Victorian Bar invites Indigenous-identifying law students and law graduates to apply for its 2024 Mentoring Program.
The Mentoring Program matches successful applicants with two mentors (a barrister member of the Bar and a judicial officer). The Mentoring Program has been running for some years now, and the feedback has been positive. It is not meant to be onerous or intimidating, rather an opportunity for members of our Indigenous communities to link in with members of the Bar and the Judiciary in a way that suits the mentees. The aim is to assist mentees on their journey as legal professionals and provide professional introductions and contacts that can prove beneficial as they progress with their chosen pathways. The application form can be found here.
The IJC is also seeking expressions of interest from members of the Bar or judicial officers who wish to add their names to the pool of prospective mentors. Please email the Mentoring Program Coordinator: gabriel.chipkin@vicbar.com.au
This Masterclass, presented by Alison Shamir, is designed to educate, empower, and motivate individuals to breakfree of the Imposter Syndrome. Including fears and doubt that may be holding them back in their career so they can present and perform as their most confident selves.
The session will cover:
- Imposter Definitions
What is Imposter Syndrome, and how does it show itself and a little myth-busting
- Imposter Behaviours
What triggers that negative voice in our head, and how do we self-sabotage
- The 'Cost' of Imposter Syndrome
Mental, physical, emotional, and financial impacts for individuals
- How to battle Imposter Syndrome & WIN!
Understand & dismantle your Imposter story with three powerful science based steps
Alison Shamir is an Imposter Syndrome Expert, International Speaker, Certified Coach, and Media Contributor. Through her work, Alison empowers global organisations, teams & individuals with the knowledge, tools and methods grounded in neuroscience they need to overcome Imposter Syndrome and present and perform as their most confident selves. Alison is also a proud member of the LGBTQIA+ community, passionate about Diversity, Equity, and Inclusion, and is a former Technology Leader turned Entrepreneur. She combines both lived experience and professional expertise to help her clients make transformative change.
Open to members of the WBA.
Tickets are $50 for members 5 years call and above, discounted rate of $30 available to members under 5 years call.
Click here to register.
- Are you traveling overseas soon? With the school holidays upon us and many of the Bar traveling overseas, it is important to ensure you’ve set up international access for your @vicbar email and other online services. Click here to read more.
- Open to expressions of interest: Levels 11, 13, or 15 Castan Chambers: With regular interest from Registered or new Groups seeking full floors, a rare opportunity has now presented itself at Castan Chambers. We are seeking expressions of interest from all members of the Bar for potential occupancy of levels 11, 13, or 15 at 460 Lonsdale Street, Melbourne. To view all floor information and register your interest, click here.
- 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 read more about the benefits of having chambers with BCL and 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.
- How to be an Effective Leader is on Tuesday, 16 July 2024, from 5:00pm to 6:15pm. The second in the CPD Masterclass series is aimed specifically at silks who have been senior counsel for up to five years – although it is open to all. The Hon. Lex Lasry, the Hon. John Dixon, and Rachel Doyle SC will conduct a panel discussion and invite conversation about the changes and challenges everyone faces when transitioning to a leadership role. The panel will discuss the courts’ expectations of senior counsel, leadership qualities, and learning skills such as delegation, communication, and team management. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP
- Conspiracy contrary to s 11.5(1) of the Commonwealth Criminal Code is on Monday, 22 July 2024, from 5:15pm to 6:15pm. In this seminar, Raelene Sharp KC, DPP (Cth), will discuss the approach of her office in considering whether to prosecute and give express consent pursuant to s 11.5(8) to a charge of conspiracy in the light of Knopp. Paul Holdenson KC, who was lead counsel for the DPP (Cth) in Knopp, will explain and discuss the implications of the decision. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP
- Children’s Court Bar Association CPD Festival is on 25 and 26 July 2024 from 9:00am to 5:30pm. The festival will include two different topics in the morning and afternoon on both days. A registration fee of $50 is payable to attend each day of the festival, and morning and afternoon tea will be provided. Participants can attend either or both days. Online attendance will be considered where health/mobility/distance reasons or childcare requirements affect in-person attendance. Prior to registration, please contact Anna McDonald annamcdonald@vicbar.com.au to make a confidential request to attend online. Those approved for online participation will pay half the daily registration fee.
Post-festival drinks will be held from 5.30 pm on Friday, 26 July, in the Essoign Club, at the attendee’s cost. For more information, please access the Festival Program. Click here to Register.
- Communicating with Aboriginal clients: a sociolinguistic perspective is on Thursday, 8 August 2024, from 5:15pm to 6:15pm. In this CPD session, Dr Diana Eades, FAHA (Adjunct Professor, University of New England) will examine the communication between non-Aboriginal lawyers and their aboriginal clients through a sociolinguistic lens. Dr Eades’ presentation will be followed by reflections and discussion with Greer Boe and Andrew Woods, two members of the Bar with extensive experience working with and for First Nations clients and witnesses. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP
For more upcoming CPD events, please visit our listings here.
All members of the Victorian Bar community, including staff of Bar and Clerks are welcome to join the choir. No obvious singing talent is required! You’ll find that the choir is friendly, and singing is fun and relaxing, which is a highlight of the week.
Term 3 dates: 16 July to 17 September 2024.
Time: 1:00pm-2:00pm, Tuesdays.
Location: Level 11 East
Cost: $275 a term. 2024 Readers free.
Click here for the flyer. Pro rata subscriptions are available if you join mid term. For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
Dear Members,
We are open daily from 7:30am – till late.
Breakfast - for dine-in or takeaway
Lunch – Daily Café Menu dine-in or takeaway
Lunch Dine-In - A La Carte from midday
Bar – EVERY EVENING - $5 Beer & Wine from 4:30pm – 5:30pm
Essoign Coffee Cart - Daily from 7:30am
Ground Floor Owen Dixon West
Catering & Events - Special lunches, working lunches, private dinners, or something special you may have in mind. Email us at essoign@vicbar.com.au
See our Catering and Events Package here.
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!
Chief Justice Mortimer has issued a Notice to the Profession regarding a National General Protections List.
A pilot program of the National General Protections List will commence on 1 September 2024 and run for an initial period of eight months.
The adoption of the National General Protections List follows the successful conduct of the Adverse Action List before Registrars in the Victorian Registry of the Court since 2019.
For further information and to review the Notice to the Profession, click here.
The Supreme Court of Victoria have provided an update on the technical issues impacting the Court.
The Victorian Government recently announced significant reform to the youth justice system through the Youth Justice Bill 2024.
A link to the Bill and Explanatory Memorandum can be found here: Youth Justice Bill 2024 (legislation.vic.gov.au)
The Bill provides strong and clear governing legislation for Victoria’s youth justice system that will improve community safety, reduce offending, and provide genuine opportunities for young people to turn their lives around.
The Bill will:
- establish a new Youth Justice Act separate from the Children, Youth, and Families Act 2005 as a standalone legislative framework for responding to alleged offending by children and young people,
- raise the minimum age of criminal responsibility to 12 without exceptions, and
- introduce an electronic monitoring trial for young people on bail alongside an Enhanced Bail Supervision and Support Service.
This is a landmark piece of legislation and a high level summary of the Bill is available for your information here.
The IBA is pleased to share The IBA report on the social and economic impact of the legal profession (the 'Report'), which has just been published.
For the first time, we see evidence of the legal profession’s social impact (through compelling stories), indirect economic impact through the contribution to the Rule of Law (under threat in many places), and direct economic impact (with the latter measured at US$1.6tn, or 1.7 percent of the world’s GDP).
The facts are clear: lawyers have a significant positive impact on society, and the work of the more than 12 million lawyers across the globe impacts, directly or indirectly, the lives, health, and well-being of citizens all over the world. Our contribution to the Rule of Law helps to generate wealth, promote innovation and education, limits the overreach of governments, tackles inequality and accelerates environmental sustainability.
We now have the big data to address – and we must do so – the gap between the scale of the positive impact the profession has and the sometimes-negative public perception about the role that lawyers play in society.
The report also identifies the areas that deserve more attention and action if we are to enhance the impact of the profession even further: increased access to legal representation; advocacy on issues of the utmost relevance to peace and progress; education and communication on the Rule of Law; and the role of lawyers; and ethical stewardship. As you will no doubt be aware, the IBA already dedicates significant efforts to these areas, but we will need to do more.
This has been the most ambitious and challenging project among the IBA priorities for the term of my presidency. The Report is the result of more than a year of sustained collective effort at the IBA, and all parts of the Association have been involved in a variety of ways. I extend my gratitude to each and every person who has contributed to the Report.
At our Annual Conference in Mexico, on Tuesday 17 September 2024, we will have a special session dedicated to a discussion of the Report’s findings, as well as what needs to be done moving forward.
Click here for more information and to download the report.
The Victorian Legal Services Board + Commissioner (VLSB+C) has issued a system-wide Lawyer Wellbeing Theory of Change. This initiative will see the legal system co-design a shared model for system-wide change in lawyer wellbeing. More details about this program can be found on the VLSB website here.
The following new books are on the shelves in the Richard Griffith Library.
- Administrative Appeals Tribunal by Holcolmbe, L, 6th ed 2024
- Cross on evidence by Heydon, J. D, 14th ed 2024
- Delegated Legislation in Australia by Pearce, D & Argument, S, 6th ed 2023
- The Law of Affidavits by Levingston, J , 2nd ed 2024
- 2024 Miller’s Australian Competition and Consumer Law Annotated, by Miller, R, 2024
- Veterans’ Entitlements and Military Compensation Law, by Creyke, R & Sutherland, P, 4th ed 2024
- What is the “IT”? : a handbook for proofing court judgments by Emmerson. S, 2023
A friendly reminder that the books are not removed from the Library.
This seminar will provide a close examination of directors’ duties and disclosure law enforcement in Australia. Dr Varzaly’s research comprises a number of significant, hand-collected empirical datasets, covering a twenty-year period.
The three key overarching contributions which emerge from her research are:
(i) A comprehensive description of the enforcement landscape, showing the topographical significance of both public and private enforcement modalities.
(ii) A theoretical explanation for the contours of this landscape and its trajectory.
(iii) An evaluation of the effectiveness of Australia’s enforcement regime and its international implications.
Speaker: Dr Jenifer Varzaly, Durham University Law School
Commentator: The Honourable Justice Ashley Black, Supreme Court of NSW
Moderator: Professor Jennifer Hill, Bob Baxt AO Chair in Corporate and Commercial Law; Director, Centre for Commercial Law & Regulatory Studies (CLARS)
Date and Time: Tuesday, 23 Jul 2024
Light refreshments: 4:30–5:00pm
Seminar: 5:00–6:15pm
We hope you can join us.
YCLA Arbitration Masterclass
The YCLA are carrying out an Arbitration Masterclass titled “To Court or Not? The Case for Arbitration”, lead by Fellow for the Singapore Institute of Arbitrators, and CLA Council member for Singapore, Gregory Vijayendran SC.
Date: Thursday, 25 July
Time: 10:00am BST
Events Page here.
Registration link here.
Privy Council webinar
The CLA welcomes Richard Clayton KC, Desiree Artesi and Louise di Mambro OBE to discuss “Handling Privy Council Appeals”, with the CLA’s Council member for Gibraltar, Lloyd DeVincenzi to moderate.
Date: Thursday, 25 July
Time: 2:30pm BST
Events Page here.
Registration link here.
A detailed brochure is now available for each session of the Human Rights Law Trans-Tasman Conference, which will be held in Queenstown, NZ, from 12 to 13 August 2024.
Register before 30 June for a discount!
Click here for more information and to register.
Register to Judge - 12th Michael Kirby Contract Law Moot Competition 23 - 26 September 2024
We would like to invite barristers to participate in the 11th annual Michael Kirby Contract Law Moot Competition, 25 - 28 September 2023, at Victoria Law School, Melbourne.
ABOUT THE KIRBY MOOT
Australia’s only Contract Law Moot, the Kirby Moot, is one of the largest competitions of its kind. It is a fixture in the legal calendar and has support from the County Court of Victoria, members of the Victorian Bar, various law firms, and legal training institutions.
WHAT YOU CAN EXPECT
- University participation from across Australia.
- Only two teams per university will be eligible to register.
- A moot problem closely resembling a real-life contract law dispute.
- Students gain formative, regular feedback from practitioners. They develop fundamental lawyering skills, including problem-solving, legal analysis, reasoning and research, communication (oral and written), management, and teamwork.
For more information, please visit the website here.
The IBA Asia Pacific Regional Forum is delighted to announce that two scholarships will be awarded to two young lawyers who wish to participate in the 8th IBA Asia Pacific Regional Forum Biennial Conference in Hong Kong SAR on 19-21 Feb 2025, but who are unable to do so owing to financial constraint.
All lawyers up to and including the age of 35, practicing in an Asia Pacific country, whether or not they are members of the IBA, are welcome to submit an application, and winners will enjoy the following benefits:
- Free registration for the IBA 8th Asia Pacific Regional Forum Biennial Conference, 19-21 February 2025, in Hong Kong SAR
- Round-trip flight (economy class only) to Hong Kong SAR
- Accommodation at the conference venue
CLICK HERE to download the scholarship brochure for detailed information.
Participants will be required to submit an essay of 2500 words in English on the following topic, applicants should submit their applications tome at joey.feng@int-bar.org by 18 Oct 2024.
Artificial intelligence (AI) is being adopted widely across various sectors, including in healthcare, finance, and especially in content creation. Along with its benefits, the use of AI also gives rise to ethical, privacy and security concerns. How is the landscape of AI governance evolving in Asia and the Pacific, and what factors are shaping its development?
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, 18th July 2024