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In Brief Issue #1072
2Sep
Further to my notice to members on Wednesday regarding the security alert, subsequent investigations by Victoria Police have resulted in the threat no longer being regarded as credible. Security will now resume normal operations across chambers.
On behalf of the Bar, I congratulate Paul Lawrie on his recent appointment to the Coroners Court of Victoria and wish him the very best in this next stage of his career.
On Tuesday, the Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022 passed both Houses of Parliament and will be assented to in September. The amendments substantially change the basis on which defences can be sustained in sexual offence prosecutions. For more information on the Government’s announcement of these reforms, please see here. In particular, the amendments adopt an affirmative consent model in sexual offences prosecutions. The Criminal Bar Association made written submissions to the government on two occasions during the consultation process, which were supported by the Victorian Bar. The submissions can be found here: 21 January 2021 submission; 9 April 2021 submission.
On Tuesday, Amanda Utt and I attended the Quarterly Meeting with LIV President and CEO. Chief amongst the discussion topics was the lack of consultation by the Victorian Government with either the LIV or the Bar in relation to the Human Source Management Bill. The President of the LIV and I have written to the Attorney-General expressing both our concern as to the lack of consultation and our significant concerns about its substance in so far as it relates to the registration of practising lawyers as human sources.
This morning, I appeared on behalf of the Victorian Bar and the Australian Bar Association at the ceremonial sitting to welcome the Honourable Justice Lisa Hespe as a judge of the Federal Court of Australia. On behalf of the Bar, I extend my congratulations and best wishes to Justice Hespe.
Members might be aware that Jeff Bell, Clerk of Foley’s List, passed away on 23 August, aged 77. Jeff commenced working for Kevin Foley in 1980 and retired in 2010 after 30 years. He was a friend and a mentor to many barristers who were part of Foleys during his career. He will be greatly missed by many of the List. I extend my sincere condolences to his family.
The Public Solicitors Office (PSO) Ministry of Justice & Legal Affairs Solomon Islands Government have thanked the Victorian Bar for the coordination of a large donation of wigs and gowns to PSO Honiara staff. I am assured that the donated wigs and gowns will be put to good use. If you would like to learn more about how you can donate to the PSO, please contact Miranda.tulloch@vicbar.com.au.
AFL Football Finals begin this week. Whether your team has made the finals or not, I encourage members to get a table of like-minded football fans together and attend the Bar’s Inaugural Footy Finals Fever night on Thursday, 15 September 2022. It should be a fun night. Details on how to purchase your ticket are available in the notice below.
Contributions for the 2022 summer edition of Bar News are now open. If you wish to contribute, contact details are in the notice below.
Róisín Annesley QC
The Attorney-General of Victoria has announced the appointment of Mr Paul Lawrie as a Coroner to the Coroners Court of Victoria.
The appointment was effective from Tuesday, 23 August 2022.
The AFL finals are upon us. To celebrate, the Victorian Bar invites members to a footy finals fever dinner on Thursday, 15 September 2022, featuring barrister and former AFL umpire Shaun Ryan. The dinner is a great opportunity for members to reconnect and socialise in the wake of the pandemic.
DATE
Thursday, 15 September 2022
TIME
6:30pm for 7:00pm
VENUE
Essoign Club
GUEST SPEAKER
Shaun Ryan, AFL Field Umpire from 2003 to 2020, officiating in 350 games, including eight AFL Grand Finals.
DRESS CODE
Members are encouraged to come wearing their club scarf.
COST
$135 per person (canapes on arrival, a two-course dinner and drinks).
RSVP
5:00pm, Thursday, 8 September 2022
Seats are limited, so early registration is encouraged
Click on this link to register and pay.
The Victorian Bar News Editorial Committee is calling for contributions for the 2022 summer edition (No. 172).
The VBN is our Bar’s newsletter. While its content is curated by its editorial committee, it is driven by the Bar’s members and friends.
The committee is particularly interested in content that highlights the in-person collegiality that has roared back to life after the long COVID winter. There are no limits around the form, so please let the stories and photographs flow. The committee is always interested in reviews and contributions to Verbatim.
Contributions (and any related questions) should be directed to vbneditors@vicbar.com.au. Earlier in time, contributions are more likely to be published in the coming edition.
Victorian Bar News Editorial Committee
Everyone is welcome at the inaugural Rainbow Drinks & Pride in Law joint social networking event - details below.
In particular, we are delighted to welcome solicitors and other professionals to our first event specifically designed for instructors and colleagues in the law beyond the Bar.
This is an inclusive event, welcoming members of our LGBTQI+ community as well as allies.
Canapés and drinks generously sponsored by Svensons Barristers.
See the flyer below for more information.
Intensive Cross-Examination Workshop is on 26 and 27 September 2022 from 5:00pm-7:30pm. This two-part workshop gives participants the opportunity to work with experienced cross-examiners and senior advocacy instructors to further develop cross-examination skills. Each participant will have an opportunity to perform an allocated cross-examination task and receive feedback. This is an in-person event only for barristers. Click here to register.
- Multi Factor Authentication (MFA): All @vicbar email accounts require this additional layer of protection prior to Microsoft implementing changes as of 1 October. Click here to register for MFA. To read more about MFA, visit the BCL website.
- 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 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 log into the VicBar website to view these events.
- Mediators’ Discussion Group Meeting-The power of intake is on 5 September 2022 from 5:00pm-6:00pm. Garry Moffatt, barrister and accredited mediator, will lead a Mediators' Discussion Group focussing on the benefits of intake or preliminary conferences. Participants can share their reflections of practice, including the pitfalls of avoiding a thorough preliminary conference. This is an online-only event for barristers. Click here to register.
- The Chapter III problem - Reimagining the Australian Military Justice System is on 14 September 2022 from 5:15pm-6:15pm. This seminar will raise for discussion a new proposal for the establishment of a specialist Chapter III military court and a new form of service tribunal to address the problem where the Chapter III military court cannot or will not sit outside Australia in war or war-like operations (Australian Court Martial Tribunal) or, alternatively, that the ACMT should now take the place of all service tribunals in peacetime and in war. This is an in-person event and will also be available online via livestream. Click here to register.
- Civil penalty proceedings: perspectives from the Bar and the Bench is on 15 September 2022 from 4:30pm-5:30pm. This presentation aims to bring together some practical perspectives on civil penalty proceedings from experienced barristers and an experienced Federal Court judge. This is an in-person event only. Click here to register.
- Preparing for a civil trial – skills for junior barristers is on 21 September 2022 and 5 October 2022 from 5:30pm-6:30pm. Kathleen Foley and Kateena O’Gorman will present a two-part CPD aimed at junior barristers, covering key aspects of preparing for a civil trial (including evidence and objections, preparing openings and closings, dealing with witnesses and preparing for cross-examination). This is an in-person event for barristers only and will also be available online via Zoom. Click here to register.
For more upcoming CPD events, please visit our listings here.
Studio 11 is delighted to host its current solo exhibition, Aerial Landscapes of Australia, featuring 22 works by local artist Greg Mallyon who is an accomplished and highly collectable artist with a gift for depicting the lyricism of landscape through typographical perspectives. With a Masters in Art (University of NSW), his bold and distinctive paintings are inspired by aerial views of the land below, including geographic features such as lakes, gorges, rivers and deserts, along with the human imprint of city buildings, industrial sites and roads. In 2021 Greg won the inaugural National Capital Art Prize for landscape. All works in the exhibition are for sale (with no GST or commission payable). Works sheets are available at Level 11, Owen Dixon Chambers East. The exhibition runs until Friday, 16 September 2022. Why not take some time out of your day to enjoy the exhibition.
Dear Essoign Club Members,
We are open daily from 7:30am – till late and Happy hour is back EVERY EVENING with $5 Beer and Wine from 5:00pm till close.
Breakfast - for dine-in or takeaway.
Lunch – Daily Café Menu take away or delivery.
Lunch Dine-In - A La Carte from midday.
Bar – EVERY EVENING - $5 Beer & Wine from 5:00pm till late with light snacks available.
Catering & Events - Special lunches, working lunches, private dinners or something special you may have in mind. Email us at essoign@vicbar.com.au
We appreciate your ongoing support and look forward to seeing you in the Club.
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!
The ABA’s new Find-A-Barrister service is now live!
The ABA’s new find-a-barrister service provides access to a national database of profiles, showcasing barristers, wherever they are based, available to accept briefs anywhere in Australia.
It is not too late to create your profile if you have not done so already by visiting our website here.
As you may be aware, the Supreme Court of Victoria has been conducting mediations online since the beginning of the COVID-19 pandemic.
The Court’s new Mediation Centre is currently being built in the William Cooper Justice Centre and is expected to be ready for use in early 2023. When the Mediation Centre is ready for use, we will return to conducting mediations onsite. However, we expect there may still be a need for some mediations to be conducted online or as a hybrid with some mediation participants onsite and some online.
The Court is in the process of drafting a new mediation protocol. Issues to be addressed in the protocol will include how mediations will be conducted when the new Mediation Centre is ready for use.
To assist in drafting the protocol, the Court is conducting an electronic survey of mediation users about their experience of online mediations. The survey will commence on the 30th of August 2022 and remain open for a period of 6 weeks. The survey is anonymous and simple to complete. By clicking the link here, you will be able to complete the survey online.
The survey account is managed by the Court’s Communications and Engagement Team. When the survey closes, the Team will download the results and send them to the Court’s Appropriate Dispute Resolution Centre before deleting the survey and answers from the account.
In conjunction with the survey, the Court is also conducting a written review to which interested parties may make a submission. This will allow interested parties to provide more detailed feedback about their experiences of online and onsite mediations, the benefits and challenges associated with different modes of mediation, and their preferences for how mediations are conducted in the future. The written review will commence on the 30th of August 2022 and remain open for a period of 6 weeks. Further details are available on the Court website.
We encourage your participation in this survey and consultation process, and we look forward to sharing the results with you in due course.
If you have any questions, please contact ADR Registrar Nick Day or Deputy Registrar Elle Marengo at adrcentre@supcourt.vic.gov.au.
The LIV is conducting its 2022 Member Survey. We value all members’ feedback about how we can build a stronger profession together.
The survey is open until 5pm 16 September via the button appearing on the Member Dashboard when members sign into Your LIV.
Complete the survey and enter the draw to win one of 10 $100 LIV Law Books Bookshop Vouchers.
More information here.
Practice with confidence, knowing you're accessing expert content. The Digital Library is open 24/7, with curated content taking the time out of finding the best information.
Key legal resources include:
- DSM 5-TR, DSM 5 and DSM I – IV: The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM) is a classification of mental disorders with associated criteria
- Powers of Attorney: Authoritative work on the law of powers of attorney in Australia. Refers to case law and commentary from the other common law jurisdictions
- Covell & Lupton Principles of Remedies: Concise practical explanations of key legal remedies in tort, contract, equity, restitution and statute law
- HeinOnline Core: Australian Law Reform Commission Reports, English Reports, historical UK legislation, US and Canadian primary material, and Australian and international law journals
Register and log in to get started here.
Location: Brisbane
Dates: 9 - 10 September 2022
The ABA Appellate Advocacy Workshop is a non-residential two-day workshop that develops your skills as an experienced appellate advocate. The workshop focuses on the skills required to seek leave to appeal, engage effectively with the bench, and craft comprehensive yet concise written submissions. The workshop starts by exploring the essence of appellate advocacy, followed by a detailed examination of each of the elements involved in an appeal.
This is a great opportunity to receive training in appeal advocacy at an advanced level. The workshop is conducted by Judges and senior members of the profession. You will receive high-level feedback, all in a safe space.
Click here for more details.
The cost of the workshop is $2800.
Contact the Legal Education Team, Bar Association of Queensland
(cpd@qldbar.asn.au or telephone: +61 7 3238 510 for registration and queries)
Without Fear or Favour: Responses to the ALRC Report on Judicial Impartiality
Thursday, 29 September 2022 at 12:00pm – 1:30pm
Attendance is available online or in person at the Federal Court of Australia in Brisbane.
Hear responses from the Government, the bench, the profession and academia to the Australian Law Reform Commission’s Final Report, Without Fear or Favour: Judicial Impartiality and the Law on Bias.
Register to attend here.
The Robert Menzies Institute invites members of the Bar to our Annual Gala Dinner on Thursday, 13 October 2022, in the Ballroom at the Park Hyatt Melbourne.
We are honoured to have former Justice of the Supreme Court of the United Kingdom, Lord Jonathan Sumption, to deliver this year’s keynote address.
Lord Sumption is a historian, lawyer and leading commentator on fundamental issues related to the law and individual freedom. He is the author of several influential books, including Law in a Time of Crisis, Trials of the State: Law and the Decline of Politics, and a highly acclaimed four-volume history of The Hundred Years War.
Lord Sumption will speak about the rule of law in a time of crisis, including the erosion of civil liberties and threat to liberal democracy from an overreaching state.
We hope you can join us for this special event.
Tickets can be booked here.
The Judicial Council on Cultural Diversity launched the Working with Interpreters for Legal Practitioners eLearning course earlier this week.
This course has tremendous value for the legal profession and for improving the experiences and outcomes of all parties to legal matters in which the services of an interpreter are required.
Please see the flyer here with information on the course.
A position as Public Solicitor Office Adviser for the Australia Solomon Islands Partnership for Justice is available.
Title: Public Solicitor Office Adviser
Project: Australia Solomon Islands Partnership for Justice
Duration: Fixed, commencing October 2022-October 2024
Location: Honiara, Solomon Islands
Reports to: Deputy Team Leader
Please click here for more information and to apply.
Shining the spotlight on executives, barristers, academics, pro bono, students and other legal professionals in large and boutique firms, the national Women in Law Awards program is the pinnacle event for recognising female talent in the Australian legal industry.
The awards is the benchmark for excellence, celebrating and recognising the outstanding women influencing the Australian legal profession.
Lawyers Weekly encourages all female professionals to submit into the 2022 awards program.
This initiative presents an exceptional opportunity for leading women to showcase their achievements, attract more clients and propel their careers, on top of giving them the recognition they deserve.
With multiple award categories available, we aim to support and recognise all professionals assisting the support of Australia’s legal sector.
Submissions close Friday, 9 September, so start yours today!
Submit an entry here.
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 September 2022