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In Brief Issue #1160
2Aug
During the July vacation I attended the 2024 International Commercial Law Conference, held in Oxford and London. In addition to the many members of our Bar and the Bar of England and Wales, who spoke on panels and presented papers, we were privileged to hear from the Right Hon Lord Hodge PC, Deputy President of the Supreme Court of the United Kingdom (who delivered a key note address and an after dinner speech in Oxford and participated as part of a panel in London), the Honourable Justice Steward of the High Court of Australia, and other commercial court judges from Australia and the UK. I congratulate Paul Hayes KC, the President of CommBar and his committee for their tireless work in planning and running the conference, and Daniel McInerney KC, Dr Laura Hilly and Nick Young who coordinated the Oxford leg. It was a long way to go for a conference, but the participation of our UK colleagues made it absolutely worthwhile, as did the opportunity to visit the Inner and Middle Temples, where the conference was held, in London to see how the Bar there is organised.
Acknowledgment of Country
The Treasurer of the Middle Temple who welcomed us at the conference dinner in the magnificent great hall of the Middle Temple in London, proudly told us that it was the place where, in 1602, Shakespeare’s Twelfth Night was first publicly performed in the presence of Queen Elizabeth I. We have no record of what was going on here that very night in 1602, but I am proud to be able to acknowledge the traditional owners of the land on which Owen Dixon Chambers now stand and their rich cultural heritage which we can all celebrate. I encourage you to read the statement of the Indigenous Justice Committee which is published below and with which I agree.
Victorian Bar Foundation
A record number of members attended the eighth Victorian Bar Foundation Student Achievement Awards prize ceremony last Friday evening. The celebratory tone was set when a number of silks, standing at the back of the Peter O’Callaghan QC Gallery, cheered and clapped when the Honourable Justice Gordon AC, Patron of the Victorian Bar Foundation, commenced the evening by welcoming the winning students and their families to what her Honour described as one of her favourite nights of the year. The aim of the Awards is to encourage young students from all walks of life to consider a career at the Bar, and the bright legal studies-student winners were no doubt inspired by Justice Gordon, Justice Anderson (Chair of the Victorian Bar Foundation) and the many barristers in attendance. Thank you to those members who organised the Awards, especially Georgie Coleman who has supported the Awards since their inception, and Georgia Dobbyn, who assisted her with this year’s event. Thanks also to those of you who donate to the Victorian Bar Foundation, and those of you who attended, met with and cheered on the winning students.
200 Queen Street Town Hall Meeting
Wednesday's ‘town hall’ meeting was well attended and, I hope, assisted those present to understand why the Bar Council and BCL made the decision to purchase 200 Queen Street. The tenants of DMC, who understandably feel negatively impacted by the decision, had many questions and raised many concerns. We assured them that we will make every effort to find suitable alternative accommodation for them with as little disruption as possible. I extend my sincere thanks to all members who attended and to the members of the BCL Board who joined me in answering questions: the Honourable John Digby KC, Sam Hay KC, Liz Bennett SC and Paul Clark. If you have any further questions, please feel free to email me and we will continue to update the list of frequently asked questions and answers on the members’ section of the website here.
Diversity Internship
I am pleased to announce the launch of the Equality and Diversity Committee's Diversity Internship program for 2024. The Victorian Bar is offering up to six paid internships for students from culturally and racially marginalised backgrounds who would like to gain experience and build connections within the legal profession. For more details, please click here. Members interested in mentoring an intern are encouraged to contact Clare Cunliffe or Haroon Hassan.
Save the Date
The High Court Building in Canberra is undergoing some building works with the consequence that the High Court will sit in Melbourne for a week in September. To mark the occasion and to celebrate its rich history in Victoria, the Bar will host a dinner for the High Court on Wednesday, 4 September 2024. A link to purchase tickets will be published to members next week and I encourage those who wish to attend to register quickly as ticket numbers will be limited.
In Conversation: Robes and Religion
I am looking forward to the first of the Bar’s In Conversation series on Thursday, 15 August. Jeremy Ruskin KC will host a discussion on the topic "Robes and Religion." Please note that this is a non-CPD event under Chatham House rules, with no recording or streaming. Coffee and sandwiches will be provided. For more information and to register, please click here.
Exam Registrations
The Exam Committee and Chief Examiners have been working hard to develop the new Bar Exam which will be held on Sunday, 13 October 2024 at Moonee Valley Racecourse. Registrations open this week and will close on 1 September 2024. For all related materials, please visit the Exam webpage.
Georgina Schoff KC
The Indigenous Justice Committee (IJC) has received calls from First Nations lawyers and students expressing hurt and disappointment regarding recent posts on social media platforms about the Bar Council’s Acknowledgement to Country at its meetings.
Commencing meetings with an Acknowledgement to Country is entirely consistent with the Bar’s obligations under its RAP. The Acknowledgement shows respect for Traditional Owners and the continuing connection of Aboriginal and Torres Strait Islander peoples to Country.
The IJC reminds members of the Bar that public statements individual barristers make in their personal capacity, whether in social or traditional media, can have significant impacts and undo countless years of work carried out by others at the Bar.
Members of the IJC, along with many other barristers, volunteer hundreds of hours each year to fulfil the IJC’s responsibilities in accordance with its charter. This includes assisting Indigenous barristers to develop and maintain successful careers, attracting Indigenous lawyers to the Bar and implementing the Bar’s Reconciliation Action Plan (RAP).
The IJC invites barristers to view its more detailed note here, which it expands upon these matters.
Applications for the next intake of the Bar’s technology Reverse Mentoring Scheme are now open. The scheme involves pairing barristers under five years’ call (the mentors) with more senior barristers who wish to develop their technological and digital skills (the mentees).
The scheme will facilitate meaningful professional connections between junior and senior barristers and enable them to gain valuable insight into how both juniors and leaders can take advantage of the technological and digital opportunities of online and remote practice, including facilitating collaborative working between them.
The scheme will run for at least three months. The pairs will aim to meet at least three times, but the number of meetings and how often they meet is up to each pair to agree.
In addition to specific goals set by the pairs, all mentees will have developed or improved the following skills as part of their interaction with their mentor:
- Planning for cybersecurity and digital document security.
- Managing matters and briefs by email.
- Accepting electronic briefs.
- Using digital documents in court hearings.
- Editing PDF documents: mark ups, highlights, tabs/bookmarks etc.
- Formatting Word documents: headings, tables of contents, bullets and numbering etc.
- Using all main video conferencing platforms relevant to the practice area.
- Risk management planning: including working from home, internet outages, damage to devices and losing files.
- Establishing which devices, tools and software may be relevant and useful to the practice area.
This year you can make a joint application by a junior and senior pair who would like to work together. Otherwise, the Information and Technology Committee, which is administering this scheme, will make the matches and will aim to match mentors and mentees in the same practice areas if possible. Depending on demand, selected practice areas and choice of technology (PC/Mac), the Committee may also create groups of three.
If you are interested in joining the first intake of this scheme as a mentor or mentee, please submit this application form here. The deadline for initial applications is Friday 16 August 2024.
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 Tuesday, 6 August 2024.
Members of the Bar are invited to the inaugural session of a new In Conversation series designed to stimulate debate in a casual conversational setting.
Join host Jeremy Ruskin KC to explore our first In Conversation titled: Robes and Religion.
Ruskin KC will lead a discussion among the panel members and the attendees on questions such as: Is there still a place for religious ceremonies such as the Red Mass to mark the opening of the Legal Year ? Why tinker with a centuries-old tradition ? Is it OK to wear barristers’ robes to religious ceremonies ? Can we reflect on ethics and morals without bringing religion into it ?
Host:
- Jeremy Ruskin KC
Panel members:
- Jack Rush AO RFD KC
- Rachel Doyle SC
- Premala Thiagarajan
- Min Guo
Essential facts about the In Conversation series:
- This is not a CPD; this is a conversation. All debate is to be respectful.
- This event will not be streamed and will not be recorded. Strictly Chatham House rules.
- Time and place: Thursday, 15 August 2024; Neil McPhee Room; 1:10pm to 1:50pm.
- Sandwich lunch and coffee will be served to all participants – you can return to court and chambers by 2:00pm with food and caffeine on board!
For catering purposes, please click here to register if you would like to attend.
A delegation of 20 lawyers from the nations of the Pacific Rim are currently in Melbourne as part of the International Advocacy Training Committee’s Train the Trainer Program.
The program is held in partnership with the Papua New Guinea Centre for Judicial Excellence and the Pacific Justice Program, to build capacity within the legal profession of Pacific Nations in the field of advocacy training for court appearances.
The Victorian Bar will be hosting the delegates at a dinner next Wednesday, all members of the Bar are welcome to attend.
Date: Wednesday, 7 August 2024
Time: 6:30pm – 9:30pm
Keynote Speaker: Fiona McLeod AO SC
Venue: The Essoign Club
Tickets: $110 per person, including drinks, canapes and two-course dinner.
RSVP: By Monday, 5 August 2024
To purchase your ticket, please click here.
- Technology Price Increase FAQ. BCL recently communicated a price increase to all technology services, effective 1 September 2024 (see communication here).To read the FAQ regarding the increase, 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.
- Mediating in the first five years- launch of the Victorian Bar mediation mentoring scheme is on Tuesday, 13 August 2024 from 5:15pm to 6:15pm. This seminar will provide an understanding of the different opportunities and challenges for developing a mediation practice at the bar as well as the role of mentoring in mediation practice development. This is an in-person event only. Click here to RSVP
- Greenwashing litigation, climate reporting, and the class action moratorium is on Wednesday, 14 August 2024 from 5:15pm to 6:15pm. This seminar will discuss the potentially contentious aspects of a new reporting framework and how do these potential claims, and the moratorium, sit within the current landscape of greenwashing litigation in Australia. This is an in-person event only. Click here to RSVP
- Oral in-chief evidence: readying commercial barristers for changes in the Commercial Court Practice Note is on Thursday, 22 August 2024 from 5:15pm to 6:15pm. In this CPD, commercial barristers are invited to dust-off these skills with the assistance of experienced common law and criminal law oral in-chief specialists. This is an in-person event only. 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 24 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.
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!
Please find a link to a revised Practice Note, Judicial Review and Appeals List (SC CL 9 - Third Revision).
The County Court is establishing a Public Livestreaming Pilot (Pilot) which will take place over the next 12 months.
The purpose of this Pilot is to test the capacity of the Court to conduct public livestreams of court proceedings, identify potential issues and gather data to better assess community engagement benefits. The Pilot aligns with the Court’s strategic objective for open and accessible justice, as set out in Court Directions 2023-2026. For more information on the Protocol please click here.
The County Court has released the Restorative Process Guideline accompanying the Protocol for the Bar to Raise Concerns about Judicial Conduct. This Guideline should be read as a further explication of the Protocol for the Bar to Raise Concerns About Judicial Conduct (‘the Protocol’).
It builds on a longstanding but informal process for the Victorian Bar to raise concerns about judicial conduct with the Chief Judge. It exemplifies one way in which the Protocol can be implemented in practice. The procedure for raising concerns in an informal way with the Chief Judge about the conduct of a judicial officer is an alternative to the complaint process provided under the Judicial Commission of Victoria Act 2016 (Vic). For more information click here.
Visit the Richard Griffith Library (next to the Essoign Club) to access the complete Law Library Victoria digital collection 24/7.
The following citators available via the Richard Griffith Library computers include:
- Casebase on Lexis Advance
- Westlaw Australia
- Jade Barnet
- Lawcite
- VLex (UK)
- Westlaw UK
Not sure where to start? Our librarians are onsite to help:
- Wednesdays, 9:00am-11:00am
- Thursdays, 1:00pm-3:00pm
Or contact us here to organise a library training session.
Date & Time: noon Thursday, 8 August, EST. This complimentary webinar runs for 45 minutes including Q&A at the end.
AI is already changing the way Australian barristers receive briefs, consult with clients, prepare advice, and advocate in court.
Some of the top use cases include: identifying key cases, drafting legal correspondence, generating case summaries; and summarising and analysing litigation documents.
Presented by
- Rupert Robey, Product Manager, LexisNexis® Pacific
- Nina Packman, Head of Analytical Content, LexisNexis® Australia
Register here.
Melbourne Law School is pleased to present the following free public law lectures in July-August 2024:
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
Please find here an invitation from the Judges of the Federal Court of Australia inviting practitioners to a seminar to be held both in-person at the Brisbane and Sydney Registries and also livestreamed nationally on Wednesday, 11 September 2024.
The Monash Law Diamond Jubilee Gala Dinner is a milestone event you won't want to miss! This evening promises to be more than a celebration—it's a testament to the shared journey, accomplishments, and lifelong bonds formed over the past six decades.
Join us for an evening of elegance and nostalgia. Enjoy a sumptuous dinner, engaging conversations, and the company of fellow alumni, donors and supporters of the Monash Faculty of Law. This is the perfect occasion to relive cherished memories and create new ones.
Event Details
Date: Thursday, 24 October 2024
Time: 6:00pm for 6:30pm start (canapes and drinks on arrival) to 10:00pm
Venue: RACV City Club, Level 17, 501 Bourke Street, Melbourne
Dress: Lounge suit/ Cocktail attire
RSVP: 5:00pm, Friday, 4 October 2024
Don’t wait—secure your place at this historic celebration! We’ll be announcing our exciting lineup of keynote speakers and entertainment soon.
Tickets: $176 each or purchase a Table of 8 for $1,265
Spread the word, gather your friends, and join us in celebrating 60 years of history and achievements.
For ticket purchases and more information, please click here.
We would be grateful if you could please save the date to attend the National Indigenous Legal Conference 2024.
The Call for Papers has been released for the 17th National Indigenous Legal Conference.
Keynote speakers include leading Aboriginal and Torres Strait Islander legal practitioners, academics and activists. We welcome paper abstracts, workshop and panel-discussion proposals from Indigenous and non-Indigenous legal practitioners, academics, law students, law graduates, activists, and supporter.
Click here for the Call for Papers which set out further details.
More information available in the flyer here.
The Law Council would like to inform the constituent bodies that applications for the 2025 John Koowarta Reconciliation Law Scholarship (Koowarta Scholarship) are now open.
Applications close COB Monday, 16 September 2024.
The Eligibility Criteria for the Koowarta Scholarship is available here. Scholarships will be awarded on the recommendation of the Selection Committee appointed by the Law Council of Australia. The successful applicant will receive a scholarship to the value of up to $9,000 for the 2025 academic year, and will also be offered the opportunity to receive mentorship from individuals or organisations within the legal profession.
Should you have any questions, please do not hesitate to contact the Law Council by email at koowarta@lawcouncil.au
Click here for the application form.
The Law Council is pleased to advise that nominations for the 2024 Australian Young Lawyer Awards opened on Monday, 15 July 2024.
The Awards are conducted annually by the Law Council’s Young Lawyers Committee, recognising excellence in young—or early-career—lawyers and organisations. Nominations will close on Friday, 30 August 2024 at 5:00pm AEST, with the winners expected to be announced on 22 November 2024 at the National Golden Gavel event in Melbourne.
The LCA have published Guidelines and a Nomination Form on their website, where information is also available about the winners of the 2023 Awards.
For more information, please contact Ms Natalie Cooper, Senior Policy Lawyer, at Natalie.cooper@lawcouncil.au or on (02) 6246 3724.
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, 8th August 2024