In Brief Issue #1081

The Victorian Bar are pleased to inform you that following the recent Victorian Bar Council election, the following office bearers have been appointed to the Bar Council for the 2022-2023 term:

President – Sam Hay KC

Vice President – Georgina Schoff KC

Vice President – Elizabeth Bennett SC

Honorary Treasurer – Mark Robins KC

Assist. Hon Treasurer – Catherine Boston

The following members were elected to the Bar Council (in order of seniority):

Eleven counsel who are King’s Counsel, Senior Counsel or junior counsel who are of not less than 15 years’ standing:

• Gavin Silbert KC
• Peter Chadwick KC
• Georgina Schoff KC
• Mark Robins KC
• Dr Suzanne (Sue) McNicol AM KC
• Colin Mandy SC
• Sam Hay KC
• Alistair Pound SC
• Elizabeth Bennett SC
• Darryl Burnett
• Dr Michelle Sharpe

Six counsel who are junior counsel and who are of not less than 6 years’ standing and of not more than 15 years’ standing:

• Ashlee Cannon
• Catherine Boston
• Nawaar Hassan
• Timothy Goodwin
• Daniel Nguyen
• Raini Zambelli

Four counsel who are junior counsel who are of less than 6 years’ standing:

• Jessie Taylor
• Ffyona Livingstone Clark
• Rishi Nathwani
• Andrea Skinner

At its meeting on 10 November 2022, the Bar Council resolved to seek expressions of interest for the positions of Honorary Secretary and Assistant Honorary Secretary. 

Click here to express interest.

Expressions of interest must be received before 5:00pm on Thursday, 24 November 2022.

The Honorary Secretary and Assistant Honorary Secretary:

• assist in the administration of membership matters, which includes dealing with applications to sign the Roll of Counsel and transfer requests from existing members;
• interview prospective readers prior to each Readers’ Course;
• attend Bar Council and management meetings of officeholders and staff when required;
• assists the Bar Council Officeholders and members particularly in respect of the constitutional responsibilities of the Bar Council.

The time required to perform the role varies from week to week. On average, about 3-4 hours should be allocated each week, however the time required will be greater at certain times during the year, especially when reader interviews are being conducted prior to each Readers’ Course.

Expressions of interest are sought from members of the Bar who wish to remain on, or become a member of, one or more of the Bar committees. A copy of the protocol of appointments is accessed here.

It is through the Bar’s committees that a great deal of the work of the Bar as a representative professional institution is done. The selfless contribution of time and effort given by members is a donation of great value to the Bar and to the wider community.

All members who have an interest in serving on any of the committees in 2022-2023 must submit an expression of interest, even if they have previously served on the committee. Existing committee members should note that if you do not complete an expression of interest, it will be assumed that you no longer wish to continue your membership of any committee.

You will need to be logged in to the Bar website to express interest.

Click here to express interest.

All practising counsel are invited to express interest. Experience is not a prerequisite to serve on a committee.

Each Bar committee takes seriously its role in advancing the interests of members of the Bar fulfilling the purposes of the committee. Those seeking election to a committee should, therefore, not underestimate the workload. Click here for a copy of the role descriptions and responsibilities of each of the committees.

The deadline for receipt of expressions of interest is 5:00pm on Monday, 21 November 2022

For any enquiries, please contact Poorva Sabnis: poorva.sabnis@vicbar.com.au.

His Honour Magistrate Leon Fluxman

A welcome sitting to mark the appointment of His Honour Magistrate Leon Fluxman will be held on:

Tuesday, 15 November 2022, at 9:00am

The ceremony will be livestreamed via Webex here.

Her Honour Magistrate Samantha Poulter

A welcome sitting to mark the appointment of Her Honour Magistrate Samantha Poulter will be held on:

Thursday, 17 November 2022, at 9:00am

The ceremony will be livestreamed via Webex here.

REGISTRATION CLOSING TODAY

Registration for the 2022 CommBar Conference in Albury on Friday, 18 November 2022, is closing today. Tickets can be purchased via this link for $495 per person (inclusive of GST).

Attendance at the conference is open to all CommBar members and interested solicitors. Please feel free to circulate this registration link to colleagues and contacts whom you believe may be interested in attending.

Registration includes attendance at the conference and all social events, including:

• a welcome drinks reception on the rooftop terrace of The Albion Hotel, Albury, from 6:00 – 8:00pm on Thursday, 17 November 2022;
• morning and afternoon teas and lunch during the conference itself on Friday, 18 November 2022; and
• a conference gala dinner to be held on Friday, 18 November 2022.

The conference business sessions and the gala dinner will be held at The Atura Hotel in Albury.

Accommodation

The Atura Hotel is offering a conference accommodation rate for conference attendees at $190 per night for 17 and 18 November 2022. To access this offer, which is exclusive to conference attendees, you can either:

• call The Atura Hotel directly on 02 6021 5366 to make a booking, at quote ‘Commercial Bar Association of Victoria’; or
• book online via this link for the relevant dates (17 and 18 November 2022), select ‘I have a code’, and enter the block code: 2211COMMER.

Conference Program

For more information, please click here.

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

The next Victorian Bar Pro Bono Awards Ceremony is scheduled for March 2023, and nominations for the 2023 awards are open until 30 November 2022. 

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

For more information or to submit a nomination, click here.

Information about the Awards includes a short video featuring the Honourable Chris Maxwell AC, former President of the Victorian Court of Appeal, explaining how pro bono assistance provided by barristers makes a difference to vulnerable people in our community. 

Members are reminded that information about how you can get involved in the Victorian Bar’s Pro Bono Schemes is available on the Pro Bono page of the members’ website here.

The Pro Bono Committee reminds members that the Pro Bono Work page in the members’ section of the Victorian Bar’s website contains a range of useful resources. These include:

• The Pro Bono Platform enables members to view and accept advertised pro bono opportunities, update their areas of practice and modify their notification settings if desired.
• The expression of interest form for members who wish to contribute to the Victorian Bar Pro Bono Scheme administered by Justice Connect.
• The protocols governing the court referral schemes currently in operation between the Victorian Bar and various courts.
• Template costs disclosure statements and conditional costs agreements for use in suitable pro bono matters.
• Information about the Open Justice Project, which enables members working on pro bono matters to seek pro bono legal assistance from selected Monash University law students.

Indigenous Australians, their cultures and experiences have an important part to play in the legal profession.

As part of the Victorian Bar’s commitment to reconciliation, the Bar conducts a clerkship program for Indigenous law students on an annual basis. Applications for the 2023 Indigenous Clerkship Program are now open. Click here for the application form.

We kindly request that you share this information with your networks and with any Indigenous law students who may be interested in participating.

This year, the Bar is offering up to six paid clerkship positions to Indigenous law students, which will involve four consecutive weeks of rotation at the Bar, the Federal Court of Australia, Supreme Court of Victoria and County Court of Victoria. The Program places emphasis on the tasks undertaken by barristers and judicial officers. It presents a unique opportunity to see a side of the legal profession that is normally hidden. The Program would be of interest to Indigenous law students considering a career in law, not only as a barrister. Further information about the program can be found here.

Applications close on Friday, 18 November 2022.

After the closing date, a selection panel will determine all applications in accordance with the criteria indicated in the information booklet, and applicants will be notified accordingly. A sample acceptance letter with additional information is accessible here.

Any enquiries about the application procedure and selection criteria or the clerkship program in general may be made to:

• The 2022 BCL Annual Report is available here.
   
• Are you interested in the benefits of a shared printer on your floor? BCL can look after this for you. Contact us before signing a new printer lease or to discuss the option of BCL taking over your existing printer lease to guarantee value, support, and compatibility with the BCL network. No admin. No contracts. Click here to read the recent BCL communication or enquire with the BCL Service Desk on 9225 8888.

• 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.

You are cordially invited to the launch of 'A Life in the Law: A Memoir' by Nimal Wikramanayake KC.

The book will be launched by Robert Richter KC as The Essoign Club, Level 1, Owen Dixon Chambers East at 5:00pm on Monday, 28 November 2022.

RSVP by Friday, 18 November 2022, to n.wikramanayake@vicbar.com.au or call 9885 7501.

Studio 11 is delighted to host its current End of Year Exhibition featuring works by Robyn Wilson and Geraldine Richards at Level 11, Owen Dixon Chambers East.

This exhibition comprises some 43 works, all for sale directly from the artists, commission free. The exhibition runs from 3 October – 16 December 2022.

Robyn Wilson is a Melbourne-based artist who graduated with a Bachelor of Fine Arts and holds a Diploma of Visual Art. Robyn’s work draws inspiration from iconic and favourite Melbourne cafes, including Pellegrini’s Espresso Bar and Brunetti’s, a recent outback painting trip to Fowler’s Gap West of Broken Hill and Plein Air painting at Halls Gap. Robyn explores these works with a pervading interest in colour, geometry and patterning, resulting in accomplished, balanced works.

Geraldine Richards is also a Melbourne based artist who is completing her Masters of Fine Art. Her works are lively, colourful and geometric. Her love of nuanced colour comes from her mother, and her interest in form emanates from living in houses designed by architect Robin Boyd. Her landscape paintings are influenced by views of the Dandenong Ranges from East Ivanhoe and the shoreline of Port Phillip Bay at Mount Martha, as well as travels around Victoria, in particular San Remo, the Bellarine Peninsula and the Macedon Ranges.

Please visit the exhibition at your leisure.

We are open daily from 7:30am – till late

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, Christmas Lunch or something special you may have in mind. Email us at essoign@vicbar.com.au

Please click here for the second important update from the Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2) regarding the expansion of the Lighthouse model, a world-leading innovation in the risk screening, triage and assessment of family law matters.

The Courts will be releasing a series of updates to the profession over the coming weeks in advance of the commencement of the expanded model on 28 November 2022.

The Update has been published on the website here.

To provide further important information about the Lighthouse model, the Courts will be holding live webinars.  

The Courts welcome questions for the presenters in advance, and these can be sent to Lighthouse@fcfcoa.gov.au.

Sessions are scheduled as follows:

• Wednesday, 16 November 2022, 5:30pm AEDT
• Tuesday, 22 November 2022, 4:30pm AEDT

The Supreme Court has issued a Notice to the Profession concerning DX services.

The Court has been informed that the whole of government DX service utilised by the Court is ceasing from 31 October 2022.

The Chief Judge has removed the restrictions on the start times for trial matters in the Common Law Division. This change will have effect from Monday, 7 November 2022.

All trial matters listed from 7 November 2022 will have a nominal start time of 10:00am. 

At present, the rules regarding which matters are heard in-person remain: that is, all matters involving contested oral evidence will be heard in person. All other matters remain online.

Matters where the Judge considers it necessary to have an in-person hearing but do not involve contested oral evidence, such as self-represented litigant matters or complex summons matters, may be heard in person. This is a matter at the discretion of the presiding Judge.

Please find here Practice Direction No. 11 of 2022 – Listing of Matters in the Magistrates’ Court Koori Court.

This PD takes effect on Monday, 7 November 2022 and revokes Practice Direction No. 5 of 2018 from that date.

AIFS are pleased to advise that our final ANROWS research report for the Compliance with and Enforcement of Family Law Parenting Orders project has been published, and is now publicly available on the ANROWS website at: Compliance with and enforcement of family law parenting orders - ANROWS - Australia's National Research Organisation for Women's Safety.

This page also includes a link to our stage 1 ANROWS research report for the Compliance with and Enforcement of Family Law Parenting Orders project, which explored the views of professionals and judicial officers.

We would also like to take this opportunity to invite you an upcoming webinar that explores some key insights from this research on 30 November 2022 with lead AIFS researchers, Dr Rae Kaspiew and Dr Rachel Carson. Please see the details and registration link here: Parenting Orders: Research on compliance and enforcement and insights from practice | Australian Institute of Family Studies (aifs.gov.au).

Corrections Victoria has advised that:

• During earlier stages of the pandemic, video conference (VC) professional visits were facilitated by correctional staff on weekends;
• Weekend legal professional visits by video conference (VC) will no longer be available.

The Australian Bar Association is conducting the Advanced Trial Advocacy Intensive in the Federal Court, Sydney, on 23 to 27 January 2023.

It is a residential five-course that will develop your skills as an experienced trial advocate. The Intensive focuses on each element of the civil and criminal trial and provides a rare opportunity for performances to be reviewed and critiqued with demonstrations by Judges and senior practitioners, as well as performance coaches. There will be masterclass sessions on openings, examination of witnesses, expert evidence and closing address.  A trial will be conducted on the last day, with juries in the criminal stream.   

There are only 42 positions available, 30 in the civil stream and 12 in the criminal stream. Groups are small, and the coach-to-participant ratio is high.  Seniority of at least five years at the private Bar is a pre-requisite.   

More information is available, and Registration can be made here.

Feel free to contact Carolyn Sparke KC (ext 8492) if you want to have a chat about the course.

In Conversation with Jon Faine

Hosted by iconic broadcaster Jon Faine, In Conversation is an opportunity to deep-dive into the minds of some of Australia’s major movers and shakers as they explore the biggest legal, economic and social issues of our time. Be part of the live audience in person at Monash Law Chambers in Melbourne CBD. You can also choose to watch online via LinkedIn Live.

• Karly Warner, Thursday, 17 November - Register here 
• Rachel Doyle SC - Thursday 1 December - Register here

2022 Susan Campbell Oration: Fostering Fairness Fighters

The Ombudsman exists to redress the imbalance of power between individual and state – a fundamentally unfair relationship. On Tuesday, 15 November, Victorian Ombudsman Deborah Glass will reflect on fairness, the role of her office in ensuring it and the contributions of countless student interns and young lawyers. This event will be held in person and online via Zoom.  

Register here. 

How can Artificial Intelligence Combat Disinformation?

Social media use has given rise to many public policy concerns about so-called ‘fake news’: unwitting misinformation and deliberate disinformation. In this Change Makers event, six expert speakers from a variety of backgrounds explore fundamental questions about how Artificial Intelligence, digital technology more broadly and law and public policy can regulate disinformation.
This event, held in person and online on Wednesday, 16 November, is part of an ongoing collaboration between Monash Law and Monash IT focusing on Ethics in AI.

Register here. 

Would you like to learn more about the role of the duty lawyer in Drug Court and potentially be briefed to appear in those duties?

Victoria Legal Aid (VLA) is delivering training for barristers who are interested in being briefed as duty lawyer in the Magistrates’ Court Drug Court or the County Court Drug and Alcohol Treatment Court. VLA has dedicated legal teams who provide the duty lawyer service to those courts in Ballarat, Dandenong, Melbourne and Shepparton, however, there are times when we are unable to appear and need to brief the duty. These sessions will explore the knowledge and skills required by a duty lawyer in these specialist jurisdictions.

Session 1 – Case conference and review lists

Date and time: Tuesday, 22 November 2022, 5:30pm – 7:00pm

Location: Victoria Legal Aid, 570 Bourke Street, Melbourne (online option available for those unable to attend in person)

This session will cover the role of the duty lawyer in case conference and review lists, including how to prepare for the duty and the unique advocacy skills required.

Session 2 – Sentencing lists - Applications to Cancel and on order offending

Date and time: Wednesday, 23 November 2022, 5:30pm – 7:00pm

Location: Victoria Legal Aid, 570 Bourke Street, Melbourne (online option available for those unable to attend in person)

This session will cover the role of the duty lawyer in sentencing lists, including Applications to Cancel Drug and Alcohol Treatment Orders and sentencing for offences committed whilst on an Order.

Register for one or both sessions: VLA Drug Court Duty Lawyer Essentials

Contact: Elanor Peattie, Managing Lawyer, Therapeutic Courts, elanor.peattie@vla.vic.gov.au or 9280 3740 if you have any queries.

CPD units: The content of this session may meet the CPD needs of barristers in the CPD field of Substantive Law, Practice & Procedure. Barristers may claim one CPD unit for each hour attended (a maximum of 1 unit for each of these events) as per the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015.

Legislation Renovation: What Interim Report B means for you

Join the ALRC to examine Financial Services Legislation Interim Report B and its proposed legislative model.

Wednesday, 16 November 2022, at 1:00pm

Register to attend this free online event here.

Australian Law Reform Commission Inaugural Michael Kirby Lecture

Monday 5 December 2022 at 5:00pm AEDT

Federal Court of Australia, 305 William Street, Melbourne, or via live streaming

This annual lecture celebrates the law reform legacy of the Hon Michael Kirby AC CMG both as the inaugural Chairman of the ALRC and as one of Australia’s leading jurists.

The 2022 keynote address will be delivered by the Attorney-General of Australia, the Hon Mark Dreyfus KC MP.

Register to attend here.

The 35^th LAWASIA Conference is just around the corner in Sydney, 18-21 November 2022.

Visit the conference website to learn more about the program, speakers and moderators as well as registration details and sponsorship opportunities: 35th LAWASIA Conference 2022 – 18-21 Nov 2022 | Sydney, Australia (lawasia2022.com)

Click here for the flyer.