In Brief Issue #1090

Her Honour Judge Janine Young
His Honour Judge Mark Champion
Her Honour Judge Amanda Humphreys

A ceremonial sitting to mark the appointment of her Honour Judge Janine Young, his Honour Judge Mark Champion and her Honour Judge Amanda Humphreys, as Judges of the Federal Circuit and Family Court of Australia (Division 2), will be held in Courtroom 4A, Level 4, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:

Thursday, 2 March 2023 at 4:30pm

The ceremonial sitting will be conducted both in person and live streamed.

Please RSVP by COB Friday, 24 February 2023 to Alexandra Butler at Alexandra.Butler@fcfcoa.gov.au.

If you are unable to attend in person, the welcome will be live-streamed here.

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.

If you are unable to attend Judge Parrish’s farewell ceremony, you can livestream it via this Zoom link.

The Victorian Bar is seeking expressions of interest from suitably qualified candidates for the role of exam writer for the Victorian Bar Entrance Examination. It is envisaged that the person appointed will assist the current Chief Examiner, Dr Jason Harkess. Applicants should have experience in the teaching and assessment of tertiary law students.

Candidates interested in being considered for this role are invited to submit their expression of interest via this link, addressing the following matters:

• Current experience teaching/lecturing university students undergoing either a Bachelor of Laws, Juris Doctor or Master of Laws degree
• Other relevant prior experiencing in exam marking, exam review or exam writing
• Experience using online exam software ie ExamSoft
• Professional development undertaken relevant to exam writing

Expressions of interest close on Monday, 27 February 2023 and will be treated in strict confidence.  Enquiries about this role may be directed by email to Miranda Tulloch e: Miranda.Tulloch@vicbar.com.au

Bar Roll No: 3249

It is with deep regret that the Bar Council informs members of the death of Ellen-Nora Connors on 8 February 2023.

Ellen-Nora was educated at Genazzano College and then studied Law at Melbourne University, graduating in 1963. Her father was a senior solicitor in the Federal Attorney General’s Department, who had guided her career into the law, together with her brother Alexander Whitehouse, who was also admitted as a solicitor in Victoria.

Ellen-Nora did her articles at Maddock Lonie & Chisholm. She was admitted to practice in 1964, with a young Barrister, James Gobbo (later Sir James Gobbo AC, CVO, QC) moving her admission with Davern Wright QC. She practised as a solicitor in her own name for 24 years in Essendon. At the age of 58, having retired as a solicitor, she decided to come to the Bar and signed the Bar Roll in 1998.

Ellen-Nora enjoyed practising at the Bar for 12 years until 2010, making many happy friendships and memories. During that time she moved, with her son Dermot Connors (Bar Roll 3011,) the admission of her daughter Grania Connors. Ellen-Nora was also to move the admission of her other daughter, Nora-Louise Mason, however COVID restrictions cancelled the admission ceremony. Ellen-Nora mainly practised in the Children’s Court and in Family and Criminal Law.

Ellen-Nora is survived by her husband, Dr. Terry Connors and her five children, James, Dermot, Nora-Louise, Rohan and Grania.

Her funeral will be held at St Monica’s Church in Moonee Ponds on Friday, 17 February 2023 at 11:30am. Vale Ellen-Nora.

Deepest sympathies are extended to Ellen-Nora’s friends and family. 

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 Victorian Bar News Editorial Committee is calling for contributions for the 2023 Winter edition (No. 173).

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.

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

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.

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.

Are you looking to clear out your wardrobe after the Summer break?

In recognition of International Women’s Day WBA is conducting a clothing drive for donations to Fitted For Work - an organisation that helps women, Non-Binary and Gender Diverse jobseekers experiencing disadvantage secure employment.

Part of their pre and post-employment services includes providing jobseekers with work-appropriate attire.

Donations of good-quality workwear, including suits, blouses, skirts and pants, as well as shoes in good condition are welcome.

Some of the donations (vintage and designer clothing) are sold to raise funds for the organisation.

In addition, Fitted for Work also provides a number of women with good-quality second-hand handbags filled with toiletries as a gift. So donations of handbags in good condition, and unused toiletries and makeup would also be very welcome. 

Items needed as a matter of priority currently are:

Pants and blazers-contemporary styles, black and navy blue, sizes 14-20
Blouses – sleeves preferred, sizes 14-20
Cardigans – neutral and block colours, sizes 12-22

Black shoes – all sizes
Camisoles and tank tops –black, white or nude, all sizes
Mascara
Deodorant
Heel grips and insoles

If you have any of the above that you would like to donate, please deliver them to the following people (please call first, to make sure we are in chambers!) by Friday 10 March 2022. 

Sandra Karabidian - 1016 Owen Dixon West (9225 6493) skarabidian@vicbar.com.au 

Chapman’s List Barristers – Marked attention: Sandra Karabidian, LG Owen Dixon West (9225 7666)

A reminder to all Carlton Football Club fans that the launch function is coming up. Breakfast at 7:30am in the Essoign Club on Thursday, 9 March 2023.

Further details are coming soon. Go Blues!

BottledSnail’s small vocal ensemble Choram is planning a couple of short performances of contemporary four-part songs for Law Week (mid May).

Choram is an ad hoc vocal ensemble that gets together periodically to rehearse for 4-6 weeks and then perform at an event. Being able to read music is not necessary but members must be able to hold a part (with others) in 4 part harmony. We generally rehearse at 6:00pm on a Tuesday night but the rehearsal schedule is flexible.

If you are interested in joining us for the Law Week performance, please contact Kylie Weston-Scheuber on kylie.weston-scheuber@bottledsnail.com.

Thursday 1:00pm-2:00pm

Term 1 – 2 March to 6 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.

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.

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 online.

View the Treaty Negotiation Framework here.

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