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In Brief Issue #1158
19Jul
Judicial Remuneration
On 10 May 2024, Peter Dunning KC, President of the Australian Bar Association, shared a letter addressed to the Federal Attorney-General, Treasurer, and Assistant Treasurer regarding proposed legislation that would adversely affect the entitlements of current and former judges of superior courts of record in the Commonwealth and the Territories. The ABA expressed concerns that the changes would be corrosive to judicial independence and the separation of powers. We agree with the ABA that, as a profession, we owe it to the judges to come to their aid when attempts are made to compromise their independence. We trust that there will soon be a response to the concerns expressed by the ABA and that the proposed changes are subject to appropriate consultation.
Our Digital Transformation
The Bar is nearing the completion of its comprehensive technology upgrade, set to go live in late August. This will significantly enhance our website and digital administration systems, improving service quality, process efficiencies, and overall member experience. Key features include a new and streamlined member dashboard, enhanced sections for History, Ethics, Practice support, and Bar Associations, as well as new event registration, Pro Bono platform, and CPD management software. Please stay tuned for detailed communications and FAQs to ensure a smooth transition.
Do you identify as neurodiverse? Is someone near or dear to you neurodiverse?
The Health and Wellbeing Committee is seeking feedback from bar members about the challenges faced and advantages enjoyed by people who identify as neurodivergent.
This information will help the committee identify unrecognised needs for services, support, or information for neurodivergent individuals and those they care for or live with. Click here to submit your response.
The International Advocacy Training Committee
The International Advocacy Training Committee has this week met with the Hon. Chief Justice Sir Albert Rocky Palmer and his colleagues while they are visiting Melbourne for a study tour that includes consultations with Federal Court officers on e-filing systems.
From 29 July to 9 August, the Victorian Bar will be hosting 20 delegates from Pacific Island nations for its inaugural ‘Train the Trainer’ program.
To celebrate this program and welcome all delegates, the International Advocacy Training Committee are hosting a dinner at the Essoign on Wednesday, 7 August 2024, at 6:30pm, with Fiona McLeod AO SC as special guest speaker.
All members of the Bar are invited to attend, and particularly encourage those who have spent time in Papua New Guinea, Solomon Islands, Vanuatu, Fiji or Tonga to attend. This will be a ticketed event, click here to register now. Registration will close on Thursday, 1 August 2024.
Town Hall
This week, members will have received an email with a link to a list of questions regarding the purchase of 200 Queen Street. The list has been updated throughout the week as questions have been received. Access is available here. A reminder that the town hall will be held on Tuesday, 30 July 2024, from 4:30pm to 5:30pm in the Neil McPhee Room.
Elizabeth Bennett SC
Supreme Court of Victoria
The Honourable Chief Justice Anne Ferguson has advised that the Executive Council has appointed the Honourable Susan Coralie Kenny AM as a Reserve Judge of the Supreme Court of Victoria, effective 16 July 2024.
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: 2663
It is with deep regret that the Bar informs members of the death of Gerard Long.
Gerard first signed the Bar Roll on 7 August 1991. He was a member of the Victorian Bar for 27 years.
We extend our deepest sympathies to Gerard’s family and friends.
Bar Roll No: 1778
It is with deep regret that the Bar informs members of the death of Malcolm Gray.
Malcolm signed the Bar Roll on 19 May 1983 and read with Peter Rattray KC. He was a member of the Victorian Bar for 41 years.
We extend our deepest sympathy to Malcolm's family and friends.
A full obituary will be published in the coming days.
Bar Roll No: 1744
Denis McDonald was a member of the Victorian Bar for nearly 37 years. He attended Aquinas College where he became school captain in his final year before the completion of dual degrees in Law and Economics at Monash University. He was admitted to practice on 1 November 1979 and signed the Bar Roll on 18 November 1982 having read with Paul O’Dwyer. Denis was a mentor to Dee Brooker and Patmalar Ambikapathy.
Denis practiced extensively in the early part of his career in what was known as the “crash and bash” jurisdiction in the Magistrate’s Court, having later undertaken commercial litigation, which he jokingly called “debt collection”. For many years, Denis was an esteemed tutor at RMIT University in commercial law subjects.
Having been an avid basketball player in his early years at the Bar, Denis experienced the onset of ill health at the young age of 30 which limited his ability to pursue his interest further. Denis remained stoic in the face of on-going treatment for his illness over many years and demonstrated true resilience.
He spent many happy hours at his block at Clunes where he planted a vast array of trees and fruit to see what would survive in the harsh conditions prevailing there. He was also significantly involved in the early days of the famous Clunes Book Fair.
In chambers, Denis had an open-door policy and was always ready to help anyone in need with both legal and computer support.
He will be truly missed by his family and many friends in the legal profession including long standing solicitor friendships and barristers with whom he had maintained regular contact with over a Friday night drink following his retirement from the Bar in 2018.
Vale Denis.
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 contact 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
- Are you 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.
- 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. Registration closes COB Tuesday, 23 July 2024. For more information, please access the Festival Program. Click here to Register.
- Advocacy tips and tricks for commercial barristers under 6 years is on Wednesday, 31 July 2024 from 5:15pm to 6:15pm. This seminar aimed at commercial barristers under 6 years call will provide attendees with useful advocacy tips for those who practise in commercial courts. It will focus on trial advocacy skills, including tips and techniques for getting across the brief, preparing for hearing, and adducing evidence through examination in chief and cross examination. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP
- 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.
Studio 11 Melbourne – Exhibition by Michael LYE Amor Fati is currently open for viewing from 15 July – 20 September 2024.
Michael Lye is an Asian-Australian Artist based in Narrm/Melbourne. Working in digital, painting, printmaking, and installation fields, his work discusses race, philosophical, and scientific explorations using playfully abstract and minimalistic formations.
Either blissfully colourful or grotesquely visceral, Lye builds upon his own position as a multi-race artist to discuss background stereotypes towards minorities in society, whilst focusing on generational displacement and its consequential environmental impacts. This exhibition is founded on the exploration of spiritual and scientific explanations of our existence, breaking down the barrenness of humanity and the raw nature of reality. It reflects on the cold state of humanity, aiming to illustrate how humanity is in a constant state of flux, often driven by a destructive and selfish mindset.
The series juxtaposes desolate spaces, voids of human devastation, with a foreboding darkness of reality. These spaces transcend third-dimensional reality, delving into spiritual and scientific interpretations of the afterlife. Cold, monument-like forms serve as central elements, reflecting how humanity perceives life and death in brutalist terms. Inspired by wartime imagery, structures in this exhibition utilize radar, bunker, and crosshair iconography to symbolise both the emptiness and the beauty of human mortality.
By integrating elements of national flag construction, this exhibition challenges the concept of country borders. It urges humanity to strive for moral integrity and to recognise the importance of human life.
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 Office of the Director of Public Prosecutions (Cth) (CDPP) has recently published the seventh edition of the Sentencing of Federal Offenders in Australia - A Guide for Practitioners.
This comprehensive sentencing Guide reflects the law as at 14 June 2024, and has been updated by Des Lane of the Victorian Bar, with valuable assistance from Grace Devereaux of the Queensland Bar and prosecutors from the CDPP. It is an essential resource not only for CDPP lawyers, but for other legal practitioners, judicial officers, and others who deal with sentencing of federal offenders.
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.
Melbourne Law School is pleased to present the following free public law lectures in July-August 2024:
Rare Law Book Lecture 2024
‘The Persuasion and Prejudice – Jane Austen and Lawyering’
Presented by Associate Professor Gary Cazalet
What can Jane Austen teach lawyers in the 21st century?
Technology and artificial intelligence are replacing much of the traditional work of lawyers. The role of lawyers is rapidly changing. The uniquely human skills of empathy, emotional intelligence, creativity, and self-knowledge will become more important in the practice of law. Gary Cazalet has made the development of these skills a central part of his teaching in law and literature and for future lawyers.
In this lecture, Gary Cazalet will explore how reading Jane Austen can help law students and lawyers be better and happier lawyers.
Date & time: Wednesday, 24 July 2024 from 6:00pm – 7:00pm.
Location: Lecture Theatre GM15, Melbourne Law School
Information and registration: Please click here
Allen Missen Oration
‘The Time has come for a National Human Rights Act’
Presented by Josh Burns, Federal Member for Macnamara
On 30 May, the Parliamentary Joint Committee on Human Rights released its much-anticipated report on its Inquiry into Australia’s Human Rights Framework. It outlined 17 detailed recommendations to reinvigorate this Framework and strengthen Australia’s commitment to human rights. Its core recommendation was the adoption of a National Human Rights Act. Josh Burns, MP, was the Chair of this Committee, which received 335 submissions and heard from 87 witnesses. Join us to hear from Josh as he outlines the nature, scope and justification for a National Human Rights Act and the other recommendations of the Committee.
Date & time: Tuesday, 30 July 2024 from 5:30pm – 7:00pm.
Location: Rooms 202/03, Melbourne Law School
Information and registration: Please click here
2024 The Sir George Turner Lecture (Melbourne and Sydney)
‘Risk & Regulation in Sustainability: Global Lessons for Australia.’
Presented by Allison Herren Lee, Former US Commissioner of the Securities and Exchange Commission
Almost all organisations - and their advisers - are having to confront rapidly changing contexts and transitioning economies. Companies, financial markets and governments are all having to navigate the challenges presented by climate change, energy transition, cost of living pressures, geopolitical instability, showing up in volatility and uncertainty in markets and in increasing litigation. The regulatory and reporting environment is also responding to shifting expectations about disclosure, performance, and responsibility for social and environmental factors. Former US Securities & Exchange Commission Acting Chair, Allison Herren Lee, will deliver the Sir George Turner Lecture, speaking on the global shifts in regulation in sustainability risks, state of play in the US, and the steps leaders need to be taking now to be responsive and future-fit in this fast-moving global environment.
The keynote address will be followed by a session moderated by Harold Ford Professor of Commercial Law, Professor Rosemary Langford, in discussion with Commissioner Lee and Professor Rosemary Addis AM followed by audience Q&A.
This lecture will be delivered in Melbourne and Sydney. Please see below for further details on each location.
Melbourne lecture:
Date & time: Tuesday, 13 August 2024 from 5:00pm – 7:00pm.
Location: Woodward Conference Centre, Level 10, Law Building, 185 Pelham Street, Carlton
Information and registration: Please click here
Sydney lecture:
Date & time: Thursday, 15 August 2024 from 5:30pm – 7:00pm.
Location: Allens, Level 28, Deutsche Bank Place, Phillip Street, Sydney
Information and registration: Please click here
Flos Greig Lecture 2024
‘If I had my time over, would I study Law?’
Presented by The Honourable Linda Dessau AC CVO, former Governor of Victoria
Occasionally, we should all pause, to reflect on what might have been had we taken a different path in our professional life and choices. In this Lecture, the Hon Linda Dessau AC CVO, former Governor of Victoria, contemplates the pros and cons of having studied and practised Law for a significant part of her career.
The Flos Greig Lecture is named after Grata Flos Matilda Greig, the first woman to be admitted to legal practice in Australia. Greig’s determination advanced gender equality in the legal profession in Australia in the early twentieth century, paving the way for other women to follow suit. Upon graduating from the Melbourne Law School in 1903, Greig undertook her articles with Frank Cornwall, later continuing her career with Cornwalls law firm. We are delighted to have Cornwalls’ involvement in this lecture series, recognising Greig’s pioneering spirit which transformed the basis of admission to the Australian legal profession.
Date & time: Thursday, 22 August 2024 from 5:00pm – 7:00pm.
Location: Woodward Conference Centre, Level 10, Law Building, 185 Pelham Street, Carlton
Information and registration: Please click 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.
The Australian Government is seeking applications from suitably qualified persons for appointment as members of the Council.
The Administrative Review Council
The Administrative Review Council is an independent statutory authority that was first established under the Administrative Appeals Tribunal Act 1975 as a key element of the administrative review system. The Council, which has not operated since 2015-16, will be re-established under section 246 of the Administrative Review Tribunal Act 2024 (ART Act). The Council will be an expert body to monitor, advise on, and promote the operation and integrity of the Commonwealth administrative review system. The functions of the Council include to:
- monitor the integrity of the Commonwealth administrative review system
- inquire into and reporting on systemic challenges in administrative law, and
- support education and training for Commonwealth officials in relation to administrative decision making and the administrative law system.
The Council will strive for excellence in research and analysis ensuring that the Council’s reporting and recommendations promote a system of administrative law and administrative decision making that is as effective as it can be. The Council’s publications will be relied upon to support better decision making across government.
The Council membership will comprise a Chair and up to 10 members appointed by the Governor-General, in addition to ex-officio members. The Chair and member appointments will take effect following the commencement of the ART Act. The Council will be supported by a Secretariat within the Attorney-General's Department.
Further information about the Council and about the new system of federal administrative review is available at the Attorney-General's Department website.
Information for applicants
The appointments will be on a part-time basis for a term of up to five years. Remuneration and allowances for the positions are set by the Remuneration Tribunal. Information about the position, including remuneration, eligibility and selection criteria, and details on how to apply for appointment as a member, is available on the Attorney-General’s Department website Careers page.
Applications close at 5:00pm AEDT on 26 July 2024.
Enquiries can be directed to appointments@ag.gov.au.
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, 25th July 2024