In Brief Issue #1108

23Jun
Sam Hay KC
President

This week
On Monday morning, I attended the launch of the Federation of Community Legal Centres (Vic)’s 10-Year Plan. I spoke with Louisa Gibbs (CEO of the Federation) about the important role barristers play in the Federation’s work, particularly when it comes to running strategic, test-case style litigation. I also spoke to Hubert Algie of Norton Rose Fulbright, who is involved in the Monash Climate Justice Clinic, about the same topic. There are good opportunities to get involved in that way if you are keen, particularly if you are just starting out and want to get into court on your feet.

On Tuesday morning, I met with Sir David Carruthers, the Implementation Monitor for the Lawyer X Royal Commission. The Bar has done a great deal of work arising from the Commission’s recommendations, but there are still a few matters of potential legislative reform in the wings that may affect us. We will continue to consult with the LIV and the State Government about those matters.

On Tuesday afternoon, I attended a board meeting of the Victorian Legal Service Board and Commissioner. It was my first meeting as a board member. I’m looking forward to learning about the organisation and contributing to its work.

On Wednesday morning, I spoke at the welcome ceremony for the Honourable Justice Ted Woodward at the Supreme Court. As you would expect, his Honour spoke very well and took the opportunity to outline some of his preliminary plans for VCAT. Justice Woodward will take up the role as President of the Tribunal on 1 July, and the Honourable Justice Michelle Quigley will then return to the trial division. I would like to thank Justice Quigley for all that her Honour did while at VCAT and, in particular, for steering it through the pandemic. Perhaps more than most other elements of the justice system, the pandemic affected the Tribunal very badly. That is not surprising given the volume and nature of its work and the limited resources it has available to it to perform that work. Her Honour has championed several projects, including a wide-ranging IT project, to help VCAT recover from the effects of the pandemic and increase access to justice for the community. We are very grateful for her Honour’s service as President.

The Junior Bar Conference is taking place today. Attendees will gain insights and valuable knowledge from leading silks. There will also be two law librarians in the Richard Griffith Library all afternoon, answering questions about the library and explaining the resources that are available 24/7. They are the same resources as those available to the judiciary. They can also check to see if you are registered with a library website account. There will be information about webinars, and our onsite research support hours, plus free tote bags with promotional and instructional material. I’ll be introducing Victoria’s Attorney General, the Hon. Jaclyn Symes MP, as keynote speaker at the Conference. I look forward to seeing you there and at the post-conference networking session at the Essoign. The conference is being sponsored by LegalSuper, LexisNexis, Legal Home Loans and Hnry (which offers an accounting and tax tool for sole traders).

Later today I’ll be welcoming students from within the Hume City Council region who are the recipients of the Victorian Bar Foundation’s Student Achievement Awards. The Foundation helps students get a better understanding of the law and how it works. It is targeted at students who ordinarily wouldn’t be exposed to the law. This youth recognition award for academic achievement in Legal Studies offers a high school student scholarship and mentoring program under which $1,500 ($1000 from the Foundation and $500 from the City of Hume) is allocated to student prize winners from 15 schools in the City of Hume. My thanks to the Honourable John Digby KC (Chair of the Foundation) and the Honourable Justice Michelle Gordon AC (Patron of the Foundation) for their continuing support of this important and very effective program.

Finally, I will be attending a dinner tonight at the West Brighton Club. Each year the club conducts a dinner to celebrate the legal profession with guests drawn from all parts of the profession. I’m looking forward to it and thank Timothy Lefebvre (President of the club) and the Honourable Justice Joshua Wilson (Convenor of the night) for the invitation.

Next week
On Tuesday evening, I will be attending a function to mark the end of Justice Quigley’s term as President of VCAT. Her Honour has been in the role for 5 years.

On Wednesday morning next week, I will be speaking at the welcome ceremony for the Honourable Justice Emilios Kyrou AO. His Honour commenced as a judge of the Federal Court and President of the Administrative Appeals Tribunal in June. His Honour made an outstanding contribution to the Supreme Court and the Court of Appeal. We wish his Honour all the best as he moves to the federal jurisdiction.

On Wednesday evening next week, we are hosting a dinner to celebrate the appointment of the Honourable Mark Dreyfus KC, MP as Commonwealth Attorney General. There are just a few tickets left, which you can purchase here.

Some reminders
The winter vacation is upon us. If you are heading overseas, please contact the BCL service staff to ensure that you can access your email while you are away. Also, please make sure to agree to the new terms and conditions by 30 June.

A final reminder to renew your practising certificate by 30 June 2023, which is next Friday. If you don’t renew by that date, you will need to apply for a new practising certificate to practise from 1 July 2023 onwards; until your new practising certificate has been issued, you won’t be able to practise. Applying for a new practising certificate between 1 July and 30 September results in a 200% surcharge on the practising certificate fee.

It’s also a very good idea to take out top-up cover with Affinity Risk by next Friday. The LPLC policy has a costs inclusive policy limit. That means that the defence costs that are incurred in responding to a claim erode the cover provided. In a large claim, that can make a real difference to insureds. And that is so even if your liability is limited under Professional Standards Legislation. You should also note that the LPLC policy does not cover the defence costs of most disciplinary proceedings, whereas the Affinity Risk policy does. In recent years, some members have suffered financially because of the gaps in the LPLC coverage. Finally, those contemplating retirement in the next year should consider the potential benefits of the runoff cover provided by top-up insurance.

The ABA’s upcoming Cornerstone 2023: The Rule of Law conference will be held at the recently opened Langham Hotel on the Gold Coast between 21-23 September (a bye week in the footy finals; it’s the weekend before the Grand Final). I’ll be there, and I’m hoping to see many VicBar members there as well. The Filipino Australian Lawyers Association (FALAW) will launch on Wednesday, 5 July 2023 between 5:30 - 7:30pm at the offices of the Philippine Consulate-General in Victoria. You can RSVP for the event here.

The week of 2-9 July is NAIDOC Week: For Our Elders. This will be an opportunity to celebrate and recognise the history, culture, and achievements of Aboriginal and Torres Strait Islander peoples. The Bar continues to provide educational and information pathways for Aboriginal and Torres Strait Islander law students studying in Victorian universities, and put considerable effort into attracting and retaining Aboriginal and Torres Strait Islander barristers through multiple initiatives.

Finally, there was a technical glitch with the links to the letter I received from the Aboriginal Legal Service of Western Australia (which can be found here) and the information about the John Middleton Scholarship (which can be found here).

If you are taking a break, I hope you enjoy it.


Sam Hay KC

Vicbar News & Events
Welcome Ceremonies

Supreme Court of Victoria

A welcome ceremony to mark the appointment of the Honourable Justice Peter Gray as a judge of the Supreme Court of Victoria will be held in the Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on Wednesday, 12 July 2023 at 9.15am.

 

County Court of Victoria

Her Honour Judge Diana Manova

A welcome ceremony to mark the appointment of her Honour Judge Diana Manova as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3 of the County Court of Victoria, Level 3, 250 William Street, Melbourne on Thursday, 13 July 2023 at 9.15am.

Her Honour Judge Robyn Louise Harper

A welcome ceremony to mark the appointment of her Honour Judge Robyn Louise Harper as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3 of the County Court of Victoria, Level 3, 250 William Street, Melbourne on Tuesday, 4 July 2023 at 9.15am.

Practising Certificates — renew before 30 June

Members must renew their PC before 30 June to continue to practise on 1 July. Members who renew after this date may incur a late renewal surcharge from the LSB+C.

The deadline for renewing your PII premium was 31 May 2023, and if you have not already done so, please renew online here. You must renew your insurance to first to complete the PC renewal.

Information on renewing practising certificates can be found on the VicBar website here.

Links for online lodgement, which can be found on the above webpage, will be available from the LSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website.

Login to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C, or you can contact the Bar office for assistance). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form.

Once you have completed the renewal process, you will receive an email from the LSB to confirm that your PC has been issued. You will then be able to download it via LSB Online.

If you experience technical difficulties with LSB online, please contact the VLSB+C via their lawyer enquiry form in the first instance. In addition, answers to frequently asked questions and LSB online user guides can be found here.

Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7111.

BCL Updates
  • To continue using BCL's Technology Services all members of the Bar must accept the new BCL Communications and Technology Terms and Conditions by 30 June 2023. If not accepted, access to your BCL technology services may be removed. Click here to read and accept. 
  • If you’re traveling overseas make sure you can access your BCL technology services such as your @vicbar.com.au email and Microsoft 365 from abroad. Click here to set up international access.
  • Manage and pay for all your BCL software subscriptions in one place including newly available Dropbox Enterprise. Click here to see our recent communication.
  • 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.
Victorian Bar member CPD and events

For upcoming CPD events, please visit our listings here.

Vicbar Life
Gnocchi Master Class at the Essoign Club

Experience a gnocchi master class at the Essoign club on Friday, 28 July.

Limited bookings are available, click here to view the flyer for details on how to book your place.

VicBar Choir

The VicBar Choir invites you to join its group. A new term has commenced.

Time: 1:00pm-2:00pm, Tuesdays.

Dates: 27 June to 5 September 2023

Cost: $30 a week (Please ask for a discount if you need one) – $150 a term.

For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.

Click here for the flyer.

Hilton Melbourne Little Queen Street

Hilton Melbourne Little Queen Street is offering Bar members an exclusive discount on accommodation, as well as on food and beverages.

This exclusive accommodation discount of 15%, also includes 15% discount on food and beverages, and is available by clicking the link here.

Enter the code VICBAR to get a 15% off when dining in.

T&C's apply. Discounts are not to be used in conjunction with any other offer. Percentage o­ff is valid for a maximum discount of $150 per bill. Blackout dates apply.

Offer is valid until 31 August 2023.

The Essoign Club

Dear Essoign Club Members,

The Essoign Board have agreed to keep the cost of The Essoign Club Membership for the upcoming 2023/2024 year, as per the previous year. We would like to thank you for the support throughout the year.

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 4:30pm – 5:30pm with light snacks available.

Catering & Events – For all occasions including:

Breakfasts

Cocktail Parties

Dinners

Platters for:

Lunches

Morning & Afternoon tea

Or something special you may have in mind.

See Catering and Events Pack here.

Email us at essoign@vicbar.com.au

Member Benefits portal for Bar members

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 to access the monthly Best Buys, including Mother's Day offers!

Click here for a special Limited Time offer on Cotton On Group eGift Cards.

Click here for a special Limited Time offer on MYOB Business.

Practice & Profession News
Annual federal courts and tribunals fee indexation from 1 July 2023

The fees payable in the federal courts and tribunals will increase from 1 July 2023 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided by the relevant fee regulations.

To view the gazette notice from the Commonwealth Attorney-Generals Department, please click here

Judicial College Sentencing Manual – Case Summaries expanded with new County Court sentencing decisions

The Judicial College of Victoria has updated its Sentencing Manual – Case Summaries resource to include County Court sentencing decisions from July to December 2021.

These summaries describe the principal facts of the decisions and identify the final sentencing outcome for each case.

This update comprises 570+ recently published sentencing decisions, including:

  • 223 property and dishonesty offence summaries
  • 110 sexual offence summaries
  • 89 drug offence summaries
  • 73 causing injury and other offences against a person summaries

Additionally, the College is currently summarising all 2022 County Court sentencing decisions, which will be published incrementally by the end of this year.

Access the resource.

Tour of the Richard Griffith Library

Have you heard about the Richard Griffith Library but have never visited? Held in person at the Richard Griffith Library, this short 15-minute tour with a Law Library Victoria Reference Librarian, will demonstrate how to access the library, point out collections and provide an overview of online subscriptions.  

Location: Richard Griffith Library, Level 1, Owen Dixon East

Thursday, 22 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 29 June 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 20 July 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 24 August 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 21 September 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

Thursday, 26 October 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library 

Thursday, 23 November 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library

 

Profession CPD & Events
Lawyers as Changemakers - Attorney General Mark Dreyfus KC MP on the life and legacy of Sir Zelman Cowen

The Sir Zelman Cowen Centre warmly invites you to attend our Lawyers as Changemakers series.

Happening over May, June and July 2023, Lawyers as Changemakers is a three-part series focusing on Australian lawyers’ contributions and influence in shaping society for good, and the inspiration these stories provide to improve our communities now and into the future.

The final address of the series will be delivered by the Honourable Mark Dreyfus KC MP, Australia's Attorney-General, on the life and legacy of Sir Zelman Cowen. The event will be held in person at the Sir Zelman Cowen Centre (295 Queen Street Melbourne VIC 3000) on Thursday 27 July 2023, from 5.30-7.30pm (registrations start from 5.15pm).

Register here via Eventbrite.

New version of the SACStat Sentencing Database Released

The Sentencing Advisory Council has today released a new version of its SACStat sentencing database. SACStat includes data on over 250 offences sentenced in Victoria’s higher courts (the County and Supreme Courts) and over 500 offences sentenced in the Magistrates’ Court.

To access the new SACStat, click here.

Careers & Opportunities
Expressions of interest - President of the ACT Civil & Administrative Tribunal

The ACT Government is currently seeking expressions of interest for the appointment of a new President of the ACT Civil & Administrative Tribunal. The position is appointed by the ACT Executive, and has an expected commencement date of January 2024. The requirements and selection criteria for appointing a tribunal president are contained in the ACT Civil and Administrative Tribunal (Presidential Appointment Requirements) Determination 2016, found here. Information regarding this appointment is available on the Justice and Community Safety Directorate’s website at www.justice.act.gov.au. Expressions of interest should be directed to sharni.doherty@vicbar.com.au

Expression of Interest now open — Casual Sessional Teaching

Monash Law is one of the largest and most dynamic law schools in Australia. We seek Expressions of Interest in working with our team of experienced educators and leading academics.

As a casual (sessional) academic staff member you are an important part of the faculty’s teaching program. You will assist the Law Faculty to maintain a high quality in teaching and learning and to satisfy students’ learning requirements for units and courses, and increase flexibility in subject offerings.

You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience and you have the capability to work within our teaching teams. Casual work may be available in seminar teaching, tutoring and marking, in private and public law units and clinical offerings at Clayton and in the City Chambers. We have particular need for tutors in Torts, Constitutional Law, Evidence, Civil Procedure and Administrative Law, for classes during business hours.

Please contact us via our Expression of Interest portal.

In Brief submissions

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, 29th June 2023