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6Oct
In Brief

In Brief Issue #1123

This week

On Monday morning, I spoke on behalf of the Bar at the Hon. Justice Ian Waller’s welcome in the Banco Court of the Supreme Court of Victoria. His Honour was admitted to practice in April of 1988 and signed the Bar Roll just 12 months later. He read with Julian Burnside AO KC. His Honour took silk in 2007 and served for many years on the Board of Examiners and (more recently) on the Ethics Committee. I am proud to count myself among his Honour’s six Readers. In his reply, his Honour referred to his family’s connection to the law, and to all the momentous occasions they had enjoyed in the Banco Court. He observed that none of those occasions would have occurred if his father’s parents had not left Poland in 1938 to avoid the worst consequences of the twisted and hateful ideology embodied in the Nazi regime. It was a poignant speech that made everyone present pause and reflect.

28Sep
In Brief

In Brief Issue #1122

It being a short week, there were only a few things on the agenda. We held a special purpose Bar Council meeting on Tuesday afternoon and then I spoke at the Hon. Justice John Dixon’s farewell yesterday afternoon. Along with the Victorian Solicitor-General, Rowena Orr KC, and the President of the LIV, Tania Wolff, I thanked his Honour for his long and distinguished service on the Supreme Court. In reply, his Honour described how much he had enjoyed his time as a judge and gave a glimpse of what he plans to do in retirement. It was a very nice occasion and a fitting tribute to his Honour. On behalf of the Bar, I wish him well.

22Sep
In Brief

In Brief Issue #1121

Last Saturday was a very good day. We held the 2023 Sports Law Conference and Tri-State Football Tournament at Green Gully FC. It started off with several interesting sports-related papers, and then teams from three states took to the field for a series of matches.

15Sep
In Brief

In Brief Issue #1120

On Tuesday, it was announced that Ian Waller KC had been appointed as a Judge of the Supreme Court of Victoria. I wish his Honour all the best as he makes the transition from one side of William Street to the other. Details of the welcome ceremony will be published as soon as they are known.

8Sep
In Brief

In Brief Issue #1119

The Victorian Bar is an enduring and venerable institution, and one that we should all feel very proud to belong to. While we are a voluntary association of independent professionals, we can, through our Bar, make a significant collective contribution to the administration of justice. Our unique professional status and college ought be our strength and usually it is. Unfortunately, below I address a recent example of behaviour by one of our number which falls below the professional standards expected of all barristers and which undermines the collegiate atmosphere we all enjoy around chambers.

1Sep
In Brief

In Brief Issue #1118

On Sunday, I was alerted to a report about an interesting planning decision raising an issue of overshadowing and rights arising under the Charter of Human Rights and Responsibilities Act 2006 (Vic). The case involves a proposed development that may impede sunlight reaching an adjoining house. One of the occupants of the house is a young person with complex care needs who has difficulty leaving home and relies on going into the backyard for fresh air and sunlight. The case is yet another example of our members acting pro bono in important cases which, in this instance, seems to have made some new law. Kylie Evans and Jordan Wright appeared pro bono for the respondent. When I wrote to Kylie to acknowledge her efforts, she was very quick to point out how talented her opposing counsel were, namely Susan Brennan S.C. and Sarala Fitzgerald. Well done to all involved.

25Aug
In Brief

In Brief Issue #1117

It was announced on Tuesday that the Honourable Justice Stephen Gageler AC will replace the Honourable Chief Justice Susan Kiefel AC as Chief Justice of the High Court of Australia. His Honour will become the 14th person to lead Australia’s apex court since its inception. Justice Gageler joined the High Court in 2012, having served as Australia's Solicitor-General prior to his appointment. The Bar wishes Justice Gageler all the very best, as he transitions into the new role.

18Aug
In Brief

In Brief Issue #1116

Last Friday I was in Brisbane to attend the Bar Association of Queensland’s annual dinner. It was an excellent event in a very scenic venue right on the Brisbane River waterfront. I enjoyed the speeches by ABA president Peter Dunning KC, and the Hon Justice Flanagan of the Supreme Court of Queensland. All the locals were all very welcoming and it was well worth attending.

11Aug
In Brief

In Brief Issue #1115

On Monday afternoon, I informed members that Bar Council had resolved to support a proposal put forward by BCL to ‘stagger and cap’ the rent rises announced in May. The BCL board has since implemented the proposal as detailed in Monday’s email. The rent increases address pricing disparities that have existed in our network of chambers for many years. They also address significant rises in costs that BCL has incurred since the pandemic.

4Aug
In Brief

In Brief Issue #1114

This week

On Wednesday, an article was published by The Australian which drew attention to our stance on the federal government’s draft Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 (Cth). The Bill is part of an effort to control the dissemination of misinformation and disinformation on social media platforms. While this is a noble intent, as I highlighted last week, the Bar is concerned that the Bill’s response to the identified danger is insufficiently sensitive to, and protective of, freedom of expression and related privacy interests. For the reasons articulated in our submission, we respectfully urge the government to scrap the Bill.