There has been a real focus this week on the Human Source Management Bill 2023. On Monday, I had a meeting with a joint VicBar/LIV working group, which was formed to draft a document specifying our concerns with the Bill. Sue McNicol AM KC, Alexandra Golding and Doug Porteous agreed to help, as did Tania Wolff, Adam Awty and Donna Cooper from the LIV. In very quick time, the team pulled together a comprehensive and incisive critique of the Bill which we have already been able to use in our dealings with the State Government, the State Opposition, and other legislators who are currently considering the Bill. My sincere thanks go to Sue, Alexandra and Doug, and to Tania, Adam and Donna (and their team at the LIV) for their excellent work. Along with the LIV, the Bar has expressed several fundamental concerns with the Bill, and its stance is shared by the Australian Bar Association and the Law Council of Australia. It is a critical issue. We will stay on it.
On Tuesday, I met with Justin Graham KC, Anthony Strahan KC and Raini Zambelli about several matters to do with the Readers’ Course which arose out of a comprehensive review conducted last year. Ben Ihle KC could not attend our meeting but had earlier prepared a detailed note raising some matters with me. There are a number of things that require some attention to ensure the continued smooth operation of the Course. The Bar Council will consider them at its next meeting on 2 March. My thanks to Justin, Ant, Ben and Raini for their diligent work on one of our most important Committees.
While on the topic of the Readers’ Course, Professor the Honourable George Hampel AM KC has decided to relinquish his teaching roles in the Readers’ Course. As members will know, George’s contributions to the Readers’ Course, and to advocacy teaching more generally, have been nothing short of remarkable. He was instrumental in instigating our Readers’ Course way back in 1980, and he has maintained his involvement in the Course since that time. There is a gallery named in his honour on Level 1 of Owen Dixon Chambers East. There will be time to more formally recognise George’s contribution later in the year, but for now I extend my sincere thanks to George for all he has done for our members over many decades.
Also on Tuesday, I met with Justice Jim Delany of the Supreme Court of Victoria. He has taken over as Principal Judge of the Commercial Court following the retirement of the Hon Peter Riordan KC. We discussed a number of topics concerning the operation of the Commercial Court, including ways to ensure that the Bar’s feedback is efficiently conveyed to the Court. I look forward to continuing to meet with his Honour as the year progresses.
On Wednesday, I met with Kerri Judd KC, Brendan Kissane KC and Abbey Hogan (Solicitor for Public Prosecutions, Victoria). We discussed a broad range of topics concerning the current state of the criminal justice system. We have agreed to stay in close touch during the coming year.
Also on Wednesday, I attended an interesting event: a celebration of Chinese New Year put on by the Hong Kong Trade Office, where we welcomed in the Year of the Rabbit. Among attendees was the Acting Consul General of the People's Republic of China in Melbourne, Mr Zeng Jianhua, and we heard a video speech from Hong Kong, from the Secretary for Culture, Sports and Tourism, Mr Kevin Yeung. Mr Yeung mentioned the close people-to-people links, and the strong arts and cultural exchange, that exist between Hong Kong and Australia.
Yesterday I met with Alexis Eddy, Director of the Judicial Commission, to hear about the Commission’s work and, in particular, its upcoming projects. Among other things, we discussed the operation of the protocols that exist between the Bar and the various courts for raising concerns about judicial conduct, and the formal complaints mechanism provided by the Commission. It was a very useful meeting, and it was nice to see Alexis again after so many years.
Next Wednesday, I am looking forward to attending the launch of Pizer's Annotated Act - 7th Edition which is being hosted by the Honourable Justice Michelle Quigley (who wrote the preface for this edition). As you will all know, the book is an invaluable resource for anyone who appears at VCAT. We are proud to have its original author, Jason Pizer KC, and its current author, Emrys Nekvapil S.C, as members of our Bar.
Next Thursday, along with Amanda Utt and Lachlan Molesworth (our representative director on the LCA), I will be attending a breakfast meeting with the President of the Law Council of Australia, Luke Murphy, and its CEO, Dr James Popple. They will be in Melbourne for one of the first major events for the year, the LCA’s Commonwealth Law Conference. The event kicks off with welcome drinks at the Essoign on Thursday evening. I am looking forward to speaking with Federal Attorney General, the Hon. Mark Dreyfus, KC, MP. The conference itself is taking place the next day at the RACV Club, with the Attorney General lined up as a speaker, alongside Chief Justice of the Federal Circuit and Family Court of Australia, the Honourable William Alstergren AO, and the Honourable Justice Melissa Perry of the Federal Court of Australia.
Finally, you will have noticed that I have reintroduced my photo into today’s In Brief. (I apologise to those of you who are sick of seeing me!) I have chosen to include it as I have noticed that many members, while they may know my name and are comfortable emailing or calling me to raise issues of concern to them, do not recognize me when they see me in person around chambers or at functions and events. I am also mindful that the more senior members of the Bar are not as well known to the more junior members and, as always occurs, we will have a new batch of Readers joining us in just under three weeks’ time. With those matters in mind, I thought it would be useful to reintroduce the photo. If you do see me around and wish to raise a concern, I’m always very willing to listen to see if the Bar Council or the Bar Office can do something to assist.
Sam Hay KC
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:
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 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.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
For more upcoming CPD events, please visit our listings here.
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
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!
Click here for a special offer from Goodlife Health Clubs.
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:
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
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:
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:
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 Law Library of Victoria has launched a digital library – granting members access, via terminals in the Richard Griffith Library, to the same digital resources available to the judiciary. Barristers can contact the Library at any time via the website contact form.
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.
The MCLA is holding its annual Lenten retreat on Sunday 5 March, led by its chaplain Fr Cameron Forbes. Fr Cameron will deliver talks on "Interior Freedom: The secret to living a calm and fulfilling life in times of stress".
Please click here for details.
The Department of the Senate is seeking applications from those interested in working to support the Parliamentary Joint Committee on Human Rights. The job is as a Legislative Research Officer (APS4), located in Canberra.
The Legislative Research Officer assists the committee with administrative and coordination support, proofing and editing documents and contributing to the preparation of committee reports and assisting with the scrutiny of legislative instruments.
Applications providing a one page pitch addressing the selection criteria are due by 19 February. People with strong administrative skills and familiarity with legislation are encouraged to apply. Full details are available here.
For any questions, please contact Ms Anita Coles on 02 6277 3051 or email human.rights@aph.gov.au
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.