In Brief Issue #1089

Bar Roll No: 2379

It is with deep regret that the Bar Council informs members of the death of Anthony Ellis at 85 years of age.

Anthony was born on 10 March 1938. He signed the Bar Roll on 25 May 1989 and read with Donald W McLeod.

He came to the Bar after more than 22 years as a solicitor and in the Commonwealth Public Service.  Having served Articles with Mr Arthur McSwiney in Wangaratta, he remained with him for a few months as an employee solicitor, and then joined the Commonwealth Public Service.

Anthony had a broad range of experience in more than 22 years in the Commonwealth Public Service – as a prosecutor; as a Registrar in the Trade Practices Tribunal; as Acting Crown Prosecutor for the Northern Territory (including jury trials in murder, rape and armed robbery); and finally as a Registrar of the Federal Court and in Bankruptcy for some 10 years immediately before he came to the Bar.

Anthony practised in the areas of bankruptcy and insolvency; and had one Reader, Maureen Daly.

Deepest sympathies are extended to Anthony’s family. 

Federal Court of Australia

A sitting to mark the retirement of the Honourable Chief Justice James Allsop AC of the Federal Court of Australia will be held on:

Wednesday, 8 March 2023 at 9:30am

Court 1, Level 8, Federal Court of Australia

Please RSVP to Tameea Lock at FCA.Invitations@fedcourt.gov.au.

Due to the anticipated number of attendees it is suggested you allow plenty of time to pass through the security entrance at the Court.

Individuals may choose to wear masks.

County Court of Victoria

A farewell ceremony will be held to acknowledge His Honour Judge James Parrish’s retirement and service to the community.

Judge Parrish’s farewell ceremony will take place in Ceremonial Court 3.3 of the County Court of Victoria, 250 William Street, Melbourne on:

Wednesday, 1 March 2023 at 4:30pm.

All counsel attending are asked to robe.

The varied stresses and pressures associated with work at the Bar can often lead to feelings of unease, stress and anxiety. If as a member you continue to experience any kind of professional, financial, or personal stress, it’s important to remember that maintaining good mental health is a vital part of your professional life.

You can always make the most of the resources and services that the Bar offers to members and their families.

Resources

Please visit the Bar's health and wellbeing portal for helpful information, resources, and coping strategies for issues relevant to members.

Counselling

The Bar provides five free, entirely confidential counselling sessions to all barristers and their immediate families.  The services are available 24 hours a day, seven days a week.  There are two alternatives on this front:

• The team at Re-Vision Group have multiple years’ experience dealing with Bar members, and their issues and concerns. Call 03 9650 5540.
• Converge International is another independent crisis and counselling service delivered by qualified psychologists and counsellors. Call 1300 687 327.  

The Department of Climate Change, Energy, the Environment and Water, and the First Nations Heritage Protection Alliance have published an Options Paper, which presents three options for law reform for the protection of First Nations cultural heritage. The Options Paper is available here.

Expressions of interest are sought from those members of the Bar who wish to attend an internal Law Council of Australia (LCA) roundtable meeting to discuss the reform options for First Nations cultural heritage legislations.

To assist the Bar Council Executive in selecting the representative, your expression of interest should identify any relevant areas of experience or expertise. Please submit your expression of interest to policy@vicbar.com.au by COB Tuesday, 14 February 2023.

Law Week is scheduled for Monday, 15 May to Sunday, 21 May 2023.

The Victoria Law Foundation is now accepting proposals for events.

The Victorian Bar is a sponsor of Law Week, and we are seeking members and committees interested in hosting an event.

If you have a great idea for an event that will improve the Victorian community’s understanding of the law or the legal system, let us know by emailing the Victorian Bar team at communications@vicbar.com.au.

Mediation is an essential part of the justice system with a great many litigated matters being referred to mediation. Barristers and law professionals wishing to become an accredited mediator under the National Mediator Accreditation System can register for the Lawyers Mediation Certificate (LMC) six-day course (on 19-21 May & 26-28 May 2023) here. Early Bird discounts apply, places are limited.

The Victorian Bar are proud to support the Law Council of Australia’s Commonwealth Law Conference on Friday, 24 February 2023.

The Law Council of Australia’s Federal Litigation and Dispute Resolution Section invites you to attend a conference covering a broad range of topics presented by leading lawyers in federal law, in-house counsel, members of the judiciary and federal tribunal members. The conference will take place in person in Melbourne.

Registrations are now open and close at 5:00pm on Thursday, 16 February 2023. 

The conference theme is "Connections and Coherence in Federal Litigation".

A few of the topics on offer:

• Federal Practice & Procedure
• Industrial Law 
• Class Actions
• Taxation and Revenue Litigation
• Merits review and the AAT
• Migration Law
• Privileges and immunities

Click here for more information and to register.

Click here to view the flyer.

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.

Wednesday 1:00pm-2:00pm

Term 1 – 1 March to 5 April 2023

Members of the extended Victorian Bar community – barristers, clerks, judicial officers, staff members and friends are invited to join together with the fabulous Sue Johnson (of Coco’s Lunch) for a new chapter of the VicBar Choir.

We know Sue can sing so you don’t have to bring anything other than a willingness to have a go and discover or re-discover the benefits of an hour of joy in your working week.

Cost to be advised (depending on numbers) in the range $120 to $180 for the term.

Click here to register your interest.

Law Library Victoria and BottledSnail Productions present Shakespeare in the Supreme, a series of rehearsed play readings, held in the Supreme Court Library on Wednesday, 15 and Thursday, 16 February.

This is the first "in person" performed reading back in the Supreme Court Library after the company performed the famous Shakespeare tragedy "Romeo and Juliet" in early 2020 and then moved online in 2021 and 2022.

From one famous Shakespeare play to another, the first performance this year in the 2023 play reading series will be a reading of the comedy "Twelfth Night."

Mistaken identity, love triangles, deceit, this comedy has everything and will be once again read by a number of experienced actors from BottledSnail Productions and the Melbourne legal community. The rehearsed reading is directed by the Artistic Director of BottledSnail Productions, Nicky Neville-Jones.

Studio 11 warmly welcomes you back to Chambers and is delighted to show and share its first mixed exhibition for 2023 comprising some 45 works from artists including:

Llewelyn Ash

Andrew Baines

Min-Woo Bang

Jenny Coker

Janine Daddo

Tracy Dods

Steve Harris

David Hinchliffe

Julie Hutchings

Alan Kuczynski

Kate Piekutowski

Tim Shaw

Lisa Russell

Lisa Taylor King

Miertje Skidmore

Belinda Wilson

Patrick Wong

The exhibition includes paintings, etching on paper, sculpture and beautiful glass work.

Why not take a break and come and spend some time with the works on Level 11 East, which are all for sale with work sheets available on the floor.

The exhibition runs until 31 March 2023.

For enquiries contact lauracolla@vicbar.com.au

Dear Essoign Club Members,

Members are invited to join us in the club for complimentary drinks and nibblies to welcome you back in 2023.

Wednesday, 22 February 5:00pm – 6:00pm

Followed by Happy Hour Beer and Wine at $5

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 5pm 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

International focus on family violence and safety reforms as the Federal Circuit and Family Court of Australia hosts New Zealand Family Court judges

Two senior New Zealand Family Court judges and representatives from the New Zealand Ministry of Justice are visiting the Federal Circuit and Family Court of Australia this week to share ideas and discuss initiatives that address family violence, risk screening and safety measures in family law cases.

The delegation will be visiting the Courts’ Parramatta and Sydney registries on 9 and 10 February. 

Chief Justice, Will Alstergren AO, said that the visit from Principal Family Court Judge Jacquelyn Moran and Judge Alayne Wills is an excellent opportunity for the courts to learn from each other as we continue to reform and develop initiatives that aim to improve family law systems.  

“Family Violence in our society is a disgrace both nationally and internationally. It should not be tolerated and we as courts have an obligation to do what we can to diminish its impact on those who come into the court system. As part of that obligation, it is incredibly important that we all continue to maintain focus on improving the outcome of matters involving family violence and other risks, and to keep children and vulnerable parties safe. With that in mind, we are absolutely delighted to welcome our New Zealand counterparts to Australia.

“It comes at a time when our Courts have engaged in substantial reforms and successfully launched the risk-screening and safety initiative (known as the Lighthouse) late last year, which has generated significant interest from courts internationally.

“Lighthouse focuses on the safety and support of children and vulnerable parties through the early identification of safety risks at the very start of the proceedings, and by utilising the most effective and appropriate case management pathway tailored to meet the needs of each individual case. This includes a high risk court list with specially trained judges, registrars and staff.  These procedures also allow the Courts to make referrals, utilising highly skilled Triage Counsellors, to much needed support and health services, particularly for people at high risk, including Aboriginal and Torres Strait families at high risk.

“We look forward to presenting information on our initiatives, and importantly, we look forward to hearing about the great work that the New Zealand Family Court is implementing,” Chief Justice Alstergren said.

“Family and sexual violence is a big focus of the work of the Family Court in New Zealand and we have a number of important initiatives underway,” Principal Family Court Judge Jacquelyn Moran said.

“It is a fantastic opportunity to hear from the people at the forefront of the Lighthouse project and the triage response. I am keen to see if we could implement something similar in Aotearoa, New Zealand.”

Judge Moran said the family jurisdictions in Australia and New Zealand have always had a strong relationship and she welcomed the chance to meet colleagues in person again to share initiatives.

Federal Circuit and Family Court of Australia statistics

Court data shows that major risk factors are alleged in the following proportions in parenting cases filed in our Courts:

• Family violence - in 80% of matters;
• Child abuse of risk of child abuse – in 70% of matters;
• Mental health issues harming a child or putting a child at risk – in 58% of matters; and
• Drug, alcohol or substance misuse harming a child or putting a child at risk – in 53% of matters;

and the data reveals that these cases do not just have one risk factor in them.  In 66% of matters the parties disclosed four or more risk factors – a prevalence much higher than previously understood.  In fact, almost 80% of all parenting cases filed last financial year were referred to State or Territory child welfare agencies due to the risks alleged.

Further information

• More information on family violence initiatives in the Federal Circuit and Family Court of Australia is available from the Courts’ website.
• More information on the New Zealand Family Court is available from: Family Court | The District Court of New Zealand (districtcourts.govt.nz)

This media release is also available online here.

The Supreme Court of Victoria’s annual report 2021-22 was released on Tuesday, 7 February 2023.

The report covers how despite the impacts of COVID-19, the work of processing and clearing cases has continued.

Reflecting on the impact on some Court processes in 2021-23, Chief Justice Anne Ferguson said, "The physical doors of the Court have always remained open but it’s wonderful to see more people being able to engage with the work of the Court through the livestreaming of matters, especially cases of significant public interest.

“The Court continues to develop means to better meet the needs of court users and the community in a changing landscape.”

In addition, the Supreme Court is continuing to adopt the recommended safe workplace recommendations, which are outlined within the report. 

The County Court has established two COVIDSafe Settings - ‘Standard’ Setting and ‘Surge’ Setting – to provide for both certainty and flexibility in the Court’s operations.

Beginning from this Monday, 6 February 2023, the Court will be in Standard setting. 

The COVIDSafe Standard setting provides for:

• Voluntary mask wearing by all (Mask Setting 4) both in courtrooms and in all public areas. As mask wearing will be voluntary, those who wish to continue to wear a mask are welcome to do so; and
• No specific RAT testing regime (including for longer trials), but with the provision of voluntary tests upon request.

The Court will determine when to adopt the ‘Surge’ setting based on Department of Health data (which we continue to monitor) and medical advice. 

Any movement to the COVIDSafe Surge Setting will be communicated in advance to the profession and court users.

The COVIDSafe Surge setting provides for:

• Mandatory mask-wearing in all public areas and by non-speakers within a courtroom (Mask Setting 2); and
• Voluntary surveillance testing by participants in trials and multi-day matters, on every second day of attendance.

The Court’s COVID-19 Settings – In-person Hearings Protocol, will be amended to align with the new settings, and will be published on the Court’s website [alongside updates to the Commercial Division response to coronavirus (COVID-19) (here)] on Monday 6 February 2023.

Please note, there will be no changes in the Court’s response to COVID-positive cases. The Court is still obligated under OHS/WorkSafe guidance to prevent COVID-positive persons from entering the Court.

The Australian Association of Women Judges stands with the women and girls of Afghanistan in their calls for support to protect their human rights, including to education.

Australia is now home to 17 women judges from Afghanistan and their families, who are devastated by what is happening in their country. In the late 1990s, when the Taliban was in power for the first time, some of those judges were girls and could not attend school. Others, who were already Judges, were removed from office, but worked tirelessly to provide education for Afghan girls and women, whether in Afghanistan or as refugees in countries such as Pakistan.

When the Taliban again came to power in 2021, its leaders said it would honour the human rights of women within the bounds of Islamic law. Yet Afghanistan is the only Islamic country in the world that forbids half its population from attending education institutions. The legacy will be an immeasurable loss to the people and economy of that nation, not just the women and girls whose hopes for equal participation in public life have been so cruelly dismissed. It will also put the health and welfare of women and girls at risk because women will not be trained as health professionals which is essential for the treatment of women under the current regime in Afghanistan.

The AAWJ is working with our Afghan colleagues to promote their interests and those of the women and girls in Afghanistan. Our members are inspired by the determination of the Afghan women judges in Australia to do what they can to encourage their countrywomen, even while struggling with their own trauma and the difficulties in forging a new life here.

We are in awe of the bravery of the women and girls, and the men and boys, of Afghanistan who are risking their lives to protest this decree. The least we can do is to give them our public support and encouragement, and to use our influence, personal and institutional, to restore equal rights for the women and girls of Afghanistan.

The Taliban’s leaders promised to honour the human rights of women. They should be held to that promise.

Fleur Kingham
President
Australian Association of Women Judges

We are very pleased to announce the opening of our 2023 Grants Round!

Our grants are available to non-profit organisations who aim to improve the administration of laws, increase access to justice, improve legal services, pilot innovations and/or inform and educate the wider community about legal services.

What’s on offer?

Successful applicants will receive tailored funding and support.

Multi-year funding is possible. Funding is time limited.

Applications are open so start preparing now!

Read our grants round Guidelines to determine if your project is eligible.  If your project is a good fit with our Guidelines then log in to our online portal* to prepare your application. 

It's important you arrange to talk with the Grants team in February 2023 to discuss your proposal and receive guidance to help you develop a strong application.

Should you wish to apply, make sure you submit your application via our online portal by Friday, 3 March 2023.

* Please note: we have recently begun using Smarty Grants, an online Grants Management System. This means that for this grants round you will need to create a Smarty Grants account and submit your application online.

Leo Cussen Centre for Law would like to obtain their own barristers robes (no wig) to be used by their legal staff when moving the admission of their graduates to legal practice in the Supreme Court. Please contact Ann Beckingham at abeckingham@leocussen.edu.au if you can help us.

The Australian Academy of Law is holding a panel discussion on Victoria's Treaty Negotiation Framework on Wednesday, 1 March 2023 in Ct No 1 of the Federal Court. It will also be available on-line.

Please click here to view the flyer for more information and to register.