In Brief Issue #1162

The Victorian Bar is fundamentally opposed to the State Civil Liability (Police Informants) Bill 2024 introduced to the State Parliament today. 

If enacted, the Bill would extinguish the right to compensation of those who have suffered loss and damage as a result of what the High Court of Australia has described as “reprehensible conduct” by members of the Victorian Police in breach of their sworn duties as police officers.

Legislation of this kind is unprecedented in this country and incompatible with the Victorian Charter of Human Rights and Responsibilities Act 2006.  The Commonwealth Parliament does not have the constitutional power to enact such legislation, and all Victorian citizens should be deeply concerned that their State Parliament might seek to do so.

To date there has been no accountability for those members of Victoria Police involved in the use of former barrister Nicola Gobbo as a human source.  Charges that were recommended by the Special Investigator appointed on the recommendation of the Royal Commission into the Management of Police Informants were not laid.  Individual civil claims that have been instituted against the State in the Victorian Supreme Court are now a key process by which those involved might be held to account, and those who have suffered might have their claims fairly determined by a Court in accordance with the law.  The Bill, if passed, would retrospectively bring those claims to an end. 

It would also set an extremely disturbing precedent for Parliaments that might in future seek to extinguish people’s rights against the State in other areas if it becomes financially or politically expedient to do so. 

That there has been no consultation on the Bill and that it is sought to be enacted with unreasonable haste are also deeply troubling. Where the fundamental rights of citizens are extinguished to benefit the State, we expect more of Parliament.

The Victorian Bar, the Criminal Bar Association of Victoria and the Children's Court Bar Association, are disappointed that the Victorian Government has abandoned its previous commitment to raise the minimum age of criminal responsibility from 12 to 14 by 2027.

In doing so it has resiled from its own carefully considered reform that was the product of extensive community consultation, including with experts who work within the criminal justice system and evidence based.

The recently adopted Youth Justice Bill 2024 is to be applauded for its commitment to diversion from the criminal justice system and focus on support, noting that many children who interact with the criminal justice system, and children with complex needs, have often had interactions with the child protection system.

However, the abandonment of the increase to the minimum age of criminal responsibility concerningly ignores a body of evidence, including from the United Nations Committee on the Rights of the Child. Nor does it promote the right of a child to protection in their best interests in s 17(2) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

The Bar notes the disproportionate representation of Aboriginal and Torres Strait Islander children in custody, and is concerned that the announcement is contrary to important recommendations flowing from the Yoorrook Justice Commission’s truth-telling processes.

Any focus in the youth justice sphere should be on diversion, rehabilitation and support, including proper funding of education, treatment and support services to all Victorian children.

The Bar encourages the Government to reconsider its position and is committed to doing all that it can to support the reform.

Bar Roll No: 2513 

It is with great sadness that the Bar informs members of the death of Austin Parnell. Originally from Terang, Austin first signed the Bar Roll on 31 May 1990 after a distinguished career as a partner at Middleton’s, which followed his time at Oswald Burt & Co., having started in the Crown Solicitor’s office as a young solicitor.

Austin read with Simon Wilson KC on the 18th floor of Owen Dixon Chambers West. Interestingly, also in the February 1990 Bar Readers’ group was his Honour Magistrate Patrick Southey, who had completed his articles under Austin, which gave Austin much pleasure.

Austin was a great friend to all in that Reader's group, and more widely across the Bar. He was very experienced in the law and unstintingly generous in his time assisting junior members of the Bar. He developed a varied practice and was liked and well regarded by those before whom he appeared and to whom he was opposed. He was scrupulously honest, regarded the law as a vocation, and deeply understood the role of counsel.

After he retired from the Bar, Austin worked again as a solicitor in NSW, including Mudgee and Broken Hill, where firms had great difficulty obtaining the services of an experienced lawyer. In that work Austin was again highly regarded and valued by clients and all with whom he worked throughout large country regions. He greatly enjoyed his various careers in the law.

He was good company, loyal, and enjoyed the camaraderie of the Bar. He will be missed by all who knew him and benefited from his wisdom, but his example of honesty, Catholic faith, and strength of character will not be forgotten.

He leaves behind his wife of 57 years, Geraldine, his children Jackie, Toni, Alix, and Jeremy, together with his grandchildren, to all of whom he was completely devoted.

The Bar sends its sincere condolences to all of Austin’s family, friends and colleagues.

Requiem Mass for the repose of the soul of Austin Parnell will be celebrated at the church of Immaculate Conception, corner of Glenferrie and Burwood Rd, Hawthorn, on:

Tuesday, 20 August 2024 at 10:00am.

The Women Barristers’ Association (WBA) will be holding their Annual General Meeting on 12 September 2024, at 1:00pm, in the Dhumba Djerring Room, Level 1, Owen Dixon Chambers East.

The AGM is open for all members to attend and WBA also encourages new members to attend and join. 

Further, the WBA wishes to put out a call for new committee members. Anyone interested in joining the Committee is welcome to send a nomination form to Marion Isobel by no later than 12 noon on 5 September 2024.

At the AGM, the Committee for 2024/2025 will be elected and other business (including Convenors report and accounts for the year) will be considered.

Applications are now open for the 2024 Diversity Internship. The Victorian Bar is offering up to six paid internships for students from Culturally and Racially Marginalised (CARM) backgrounds who may not have ready access to legal networks and who wish to gain experience and build connections within the legal profession. The Internship will offer students who are considering a legal career the opportunity to work with practicing barristers and servicing judicial officers.

If you are interested in mentoring an intern, please contact Clare Cunliffe or Haroon Hassan.

For more details about the Diversity Internship, please click here.

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:

1. Planning for cybersecurity and digital document security.
2. Managing matters and briefs by email.
3. Accepting electronic briefs.
4. Using digital documents in court hearings.
5. Editing PDF documents: mark ups, highlights, tabs/bookmarks etc.
6. Formatting Word documents: headings, tables of contents, bullets and numbering etc.
7. Using all main video conferencing platforms relevant to the practice area.
8. Risk management planning: including working from home, internet outages, damage to devices and losing files.
9. 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.

Nominations for the next Victorian Bar Pro Bono Awards are now open.

The next Victorian Bar Pro Bono Awards Ceremony will take place in March 2025, and nominations for the awards are open until November 2024.

If you are aware of barristers who are making an outstanding contribution representing parties on a pro bono basis, please consider making nominations throughout the nomination period.

For more information on the awards and to view last years winners, click here.

To nominate a barrister, 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.

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.

VicBar FC is calling for players (of all levels) for the upcoming football (soccer) tournament against QLD and NSW Bars and members to attend the Sports Law Conference.

Date: Saturday, 7 September

Venue: Brisbane, Queensland. Football games to be played at Moreton City Football Club grounds. If booking accommodation, Eaton Hills Hotel in Mortan Bay is recommended.

Further details: To be circulated once confirmed. The Sports Law Conference is usually held in the morning followed by the Tri-State Football tournament.

If you wish to play please email danielnguyen@vicbar.com.au with your preferred playing position(s) and we’ll do our best to accommodate. If you wish to attend the conference, please email indicating your interest.

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.

Chief Justice Mortimer has issued a Notice to the Profession regarding the publishing of two updated general practice notes that concern foreign judgments (GPN-FRGN Foreign Judgments) and overseas service and evidence (GPN-OSE Overseas Service and Evidence).

To review the Notice to the Profession see here.

If your client requires support, they may be eligible for a Drug and Alcohol Treatment Order.  

Following changes to the Magistrates’ Court of Victoria regional boundaries, eligibility for Drug Court now includes the inner-south suburbs of Armadale, Elsternwick, Gardenvale and Ripponlea, providing more court users with a drug or alcohol dependency access to therapeutic services to support their recovery goals.

The Drug Court is a post-sentence program which helps participants who meet the eligibility criteria break the cycle of drug and alcohol-related crime. The Drug Court sentences and supervises participants on a Drug and Alcohol Treatment Order (DATO) for a period of up to two years. On a DATO, the participant serves a term of imprisonment in the community while receiving treatment for the underlying causes of their substance use and related offending.

To be eligible for Drug Court, your client’s usual place of residence (if they have one) must be within the Drug Court catchment area (Drug Court catchment area | Magistrates Court of Victoria (mcv.vic.gov.au).

If your client is experiencing homelessness or does not have an ordinary place of residence, they are still able to apply to the Drug Court, and a Magistrate will decide whether they are suitable after considering a wide range of factors including available accommodation options, their capacity and ability to access the program.

Further information about the Drug Court, including a list of eligibility requirements, referral processes and a postcode checker can be found on the MCV website Drug Court | Magistrates Court of Victoria (mcv.vic.gov.au).

National Legal Aid has engaged researchers from the Social Policy Research Centre at UNSW Sydney to conduct a survey of Legal Aid Private Practitioners. This survey is now open to all legal aid private practitioners.

The results of the survey will inform the future work of Legal Aid Commissions with private practitioners. Survey results will also form an important body of evidence for the advocacy of National Legal Aid nationwide.

The survey is designed to be completed by:

• Private legal practitioners who have delivered legal aid services in the last two years
• Private legal practitioners who have been on a legal aid panel in the last two years; or
• Private legal practitioners who work for an organisation on a list of preferred suppliers of legal aid services.

If you meet this inclusion criteria and wish to take part, the survey will ask about you and your work, the clients you work with, and how supports for legal aid private practitioners can be improved. Participation is voluntary and all responses are anonymous. If you would like to participate, the survey can be completed here.

For most people, the survey will take around 15 minutes to complete, however, it may take a few minutes longer for people who choose to write a lot of comments. The survey will close on Friday August 23rd, 2024.

The survey is being conducted by researchers from UNSW Sydney. National Legal Aid has commissioned it to better understand your experiences and continue to improve supports for legal aid private practitioners.

If, after reading the Participant Information you would like further information or to talk to one of the researchers, please email Natasha Cortis (UNSW) via n.cortis@unsw.edu.au. You can also contact Feiyi Zhang, Feiyi.zhang@legalaid.nsw.gov.au at National Legal Aid.

Note also that while participation of all legal aid private practitioners will help us build an accurate picture of the issues affecting us, taking part in this research study is voluntary and all survey results are anonymous. Choosing not to take part will not affect your relationship with National Legal Aid, your employer, any legal aid commission, or The University of New South Wales.

If you participate, at the end of the survey you will be given the option to go into a prize draw to win one of 2 x $250 online shopping vouchers (Giftpay).

This research has been reviewed and approved by The University of New South Wales Human Research Ethics Committee. If you would like further information about the study, please contact the research team n.cortis@unsw.edu.au. If you have any complaints or concerns about the research study please email humanethics@unsw.edu.au or phone +61 2 9385 6222 quoting the following number iRECS6806.

Registrations have opened for the 2025 Advanced Trial Advocacy Intensive, to be held in Brisbane between 20 and 24 January.  

This course provides realistic briefs in both criminal and civil, allowing you to gain valuable experience with senior coaches to develop your advocacy skills in real court settings.  

Groups are small and the coach-to-participant ratio is high. This one week residential Trial Advocacy Intensive enables you to work closely with judges and experienced counsel which will include Federal and Supreme Court Judges, senior Australian counsel and International counsel as well as performance and voice coaches with expertise in voice, movement and impact.

The Intensive involves discussion and comment on each aspect of trial performance. This course will advance your skills as an experienced barrister and will focus on developing your strengths in addressing, examining-in-chief and cross examining. 

Registrations close Friday, 29 November 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.

Melbourne Law School is pleased to present the following free public law lectures in August and September 2024:

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.

2024 James Merralls Fellowship in Law Lecture (Melbourne and Sydney)

‘Constitutional Identity and the Right to Attachment’

Presented by Professor Nick Barber, Oxford University

What form should our relationship with the state take? Is the state like a team, where membership is grounded primarily in reasoned consent, or is it more like a family, where membership is grounded primarily in emotional attachment? The lecture examines the differences between these two, and argues that we have good reasons for wanting our relationship with the state to be underpinned by attachment. But whilst wanting to experience attachment is rational, it is not a disposition we can chose or can be reasoned into adopting. In consequence, states must rely on emotional strategies to ground attachment. The lecture ends by reflecting on the right to attachment, the limits that our reasons for wanting to experience attachment place on the emotional strategies states deploy.

This lecture will be delivered in Melbourne and Sydney. Please see below for further details on each location.

Melbourne lecture:

Date & time: Thursday, 5 September 2024 from 5:00pm – 7:00pm.

Location: Lecture Theatre G08, Law Building, 185 Pelham Street, Carlton

Information and registration: Please click here.

Sydney lecture:

Date & time: Tuesday, 10 September 2024 from 5:15 pm – 7:00 pm.

Location: QT Sydney, 49 Market Street, Sydney NSW 2000

Information and registration: Please click here.

2024 Sir Kenneth Bailey Memorial Lecture

‘International Law and the Multilateral System in Face of Climate Change and Threats to the Ocean’

Presented by Dr Nilufer Oral, Director, Centre of International Law, National University of Singapore

The world is facing multiple threats to the environment, among which climate change dominates. Australia and Oceania are especially vulnerable to the adverse impacts of climate change, in particular, harm to the marine environment and sea level rise. Climate change is a collective threat that requires collective action. The question is whether international law and the current multilateral system can meet the challenges of climate change? Can the seemingly fractured and cacophonic world of the United Nations rise above the daily commotions of crisis and find solutions to pressing problems facing the world?

International cooperation is at the heart of the United Nations Charter as expressed in Article 1, paragraph 3 of the UN Charter. The lecture will discuss cases in which the multilateral system through international law has rallied to address threats to the marine environment, including sea level rise, focusing on the work of the United Nations International Law Commission on sea level rise, the advisory opinion request presented to the International Tribunal for the Law of the Sea by the Commission on Small Island States (COSIS) and that presented to the International Court of Justice by the General Assembly, at the initiative of Vanuatu.

Date & time: Thursday, 19 September 2024 from 6:00pm – 7:00pm.

Location: Lecture Theatre G08, Law Building, 185 Pelham Street, Carlton

Information and registration: Please click here.

With insolvency cases now on the rise in Australia, and China and Hong Kong facing economic headwinds, it is time to take stock of recent international developments on the intersection of arbitration with company winding-up proceedings, and when a Court will stay a winding-up petition to allow underlying, genuine, disputes to be arbitrated.

You’re invited to join us for an insightful review and discussion from the following expert panel, Ciarb Fellows and Members of the HKIAC List of Arbitrators, Monique Carroll, Tom Clarke and Nick Luxton who will canvass recent leading decisions in Hong Kong, the Caribbean and the United Kingdom, and compare these with current and likely future approaches of Australian courts.

Monique Carroll is principal of Cite Legal, practising in cross-border dispute resolution and regulatory compliance.  Monique previously worked in a dispute resolution practice in Beijing, as well in leading Australian law firms.

Tom Clarke has practised at the Victorian Bar since 2008, having previously qualified and worked for six years as a litigation solicitor in Hong Kong.

Nick Luxton has practised at the Hong Kong Bar since 2014, and commenced practice at the Victorian Bar in 2023.  Nick appeared in Re Lam Kwok Hung Guy (2023) 26 HKCFAR 119 at first instance and on appeal to the Hong Kong Court of Final Appeal.

As this event is free of charge for Ciarb Members and Guests, registrations are essential and places are strictly limited. Non-Members $35 

Date:      Thursday, 5 September 2024

Time:      5:00pm – Doors Open
5:30pm – 6:30pm Panel presentation and Q & A
6:30pm – 7:30pm Networking Drinks

For more information and registration please click here.

7 & 8 September 2024  |  Hybrid: Queenstown + Online

View the full program here.

Don't miss this excellent educational and networking opportunity. 

3 Guest Speakers - Honourable Justice David Collins KC, Prof Stephen Cordner, and Dr Jack Snyder (American ACLM),

PLUS 18 open and College speakers.

Booking deadlines:

Live ticket bookings close Friday, 23 August.

Virtual ticket bookings close Friday, 6 September.

Flexible conference attendance options are available!
Attend LIVE in Queenstown to enjoy full conference benefits including catering, networking opportunities and the Awards Dinner included. You can switch to virtual attendance instantly if you are sick or unable to travel.
Attend VIRTUALLY to watch the entire program live-streamed and participate in Q&A via Zoom chat. Or you can view the recording at a time convenient to you. You can switch to live attendance subject to availability.

Official supporting organisations

Members of ACLM and our Official Supporting Organisations are eligible to receive members’ ticket pricing.

Book here.