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In Brief Issue #1109
30Jun
Wrap up from last week
A team of 14 members from our Bar travelled to Port Moresby last week to conduct an advocacy skills workshop. As reported by Tim Walker KC, it was “an extraordinary week, hugely demanding and highly fulfilling.” The workshop had three separate streams of participants: 150 law graduates at the Legal Training Institute; 20 government lawyers from the Solicitor-General’s office; and about 15 judicial officers from the National Court & Supreme Courts, and the Other Courts. The program was delivered under the Australian Government’s Justice Services and Stability for Development Program. Tim reports that the support and appetite in PNG for what was offered was incredible, with the Chief Justice and Solicitor-General of PNG involved in all three streams. He also said that his key takeaway is that the Victorian Bar is highly esteemed in PNG, and very well placed to take this initiative to another level. I spoke about the program at the dinner held on Wednesday night to celebrate the appointment of the Hon Mark Dreyfus KC, MP, where I was able to give the Attorney two gifts: one from the Chief Justice of PNG, Sir Gibuna Gibbs Salika, which was for Foreign Minster Penny Wong, and one from the Solicitor-General of PNG, Tauvasa Tanuvasa, which was for the Attorney himself. Tauvasa completed our Readers’ Course in 2017 and read with Maya Rozner. My sincere thanks to Maya and Peter O’Farrell for spearheading the workshop on this occasion, and to the Hon Chris Maxwell AC, the Hon Peter Riordan KC, Judicial Registrar Rosalind Avis, Carolyn Sparke KC, Tim Walker KC, Kathleen Foley SC, Jim Doherty, Shivani Pillai, Sarah Porritt, Susan Gatford, Andrew Woods and Nick Goodenough for giving up their time to deliver such a successful program. You can watch a short report about it here.
Last Friday, I was pleased to welcome and introduce the State Attorney-General, the Hon Jaclyn Symes MP, at the opening of the 2023 Junior Bar Conference. The event was well attended, and it was great to see so many of our newest barristers keen to gain insights about ways to boost their practices. My thanks to the Victorian Bar Office team, the senior barristers who attended as panel members, the New Barristers’ Committee, the CPD Committee, the Practice Development Committee, and the Junior Bar Conference working group: Oren Bigos KC, Zoe Maud SC, Annette Gaber, Amit Malik, Deborah Siemensma, Rebecca McCarthy, and Shane Lethlean. It was an excellent event and we have received very good feedback about it.
Late on Friday afternoon, I also attended a presentation ceremony for the recipients of the Victorian Bar Foundation’s Student Achievement Awards, and Mentoring Program in conjunction with the Hume City Council. In attendance was the Hon Justice Michelle Gordon AC, patron of the Victorian Bar Foundation, who spoke of her connection to the award given its ambition to reinforce Victorian Bar’s commitment to being open to all on merit, irrespective of socio-economic circumstances, ethnic background, religious affiliation, sexual orientation, gender, gender identity or disability. Her Honour referenced her own humble origins, being the daughter of an economic refugee. Victorian Bar Foundation chair the Hon. John Digby KC also spoke, using the occasion to encourage the students to consider a career at the Bar, or otherwise in the law, and convey the message that a career at the Victorian Bar is open to all on merit. After the event, Justice Gordon emailed me to specifically mention two members and thank them for their hard work and commitment to the program: Georgie Coleman and Justin Hooper. Both have been heavily involved in the event over the years: Georgie, since its inception, and Justin for a significant period including as the current secretary of the Foundation. On behalf of members, I also thank them for their work.
This week
On Tuesday evening, I attended a function to mark the end of the Hon Justice Michelle Quigley’s term as President of VCAT. There were a number of speakers who all spoke in glowing terms about her Honour’s tenure at the Tribunal. In particular, her Honour Felicity Hampel AM S.C. spoke in her capacity as a former Vice President of VCAT. As it happens, earlier this month, Judge Hampel retired from the County Court after 18 years of distinguished service. In addition to her heavy trial load, her Honour has done a great deal of teaching in the Readers’ Course, where students have benefited from her vast experience and real skill as an advocacy teacher. I would like to wish her Honour all the best for her retirement, and I look forward to her continuing involvement with our Bar into the future.
On Wednesday morning, I delivered a welcome speech on behalf of the Bar to the Hon Justice Emilios Kyrou AO as Judge of the Federal Court of Australia and President of the Administrative Appeals Tribunal. I noted that “formidable” is a word often used to describe his Honour, who now has the distinction of being the first Greek-born judge to sit on the bench of Australia’s Federal Court. I wish his Honour all the best in his new role.
On Wednesday night, the Bar welcomed the Federal Attorney-General, Mark Dreyfus KC, MP for a commemorative dinner at the Essoign. About 100 guests were in attendance, many of them senior members of the judiciary, who heard a very entertaining keynote speech from Mark Robins KC in tribute to the Attorney-General. My thanks to the Essoign for putting on a very enjoyable evening, to Mark Robins for putting in so much effort to his speech, and of course to the members who supported the event by attending. There was a really good feeling in the room, and everyone seemed to have a great time.
Next week
On Tuesday morning, I will deliver a welcome speech for her Honour Judge Robyn Harper of the County Court. Judge Harper was most recently a Crown Prosecutor having previously been at the private Bar. I’m looking forward to it.
On Wednesday evening, Bar Council members Daniel Nguyen and Raini Zambelli will attend the launch of the Filipino Australia Lawyers Association (FALAW) at the Philippine Consulate General in Collins Street. An important initiative, FALAW will be a formal association for legal professionals who form part of what is the fourth largest migrant community in Australia.
Other important matters
Members will have seen media coverage concerning a special report tabled in the State Parliament by the Hon Geoffrey Nettle AC KC, who was appointed to the Office of the Special Investigator, and a response to that special report prepared by Kerri Judd KC, Director of Public Prosecutions. Both Mr Nettle and Ms Judd are respected members of our Bar performing important public functions. As often happens in the legal profession, two people have come to different views about what are clearly complicated and highly charged issues of significant public interest. It would not be appropriate, nor is it even possible given the quantity and confidential nature of the relevant underlying material referred to in the special report, for the Bar to render a view about the respective positions that have been adopted. What I can say is that I have no doubt that Mr Nettle and Ms Judd have performed their functions, and formed their judgments, in an impartial, objective, and dispassionate way as required by the statutes governing their respective appointments. I thank them both for being willing to serve the community as they have.
Finally, if you have not renewed your practising certificate for 2023-24, and you intend to renew it, you will need to do so by midnight tonight, Friday, 30 June. You will need to apply for a new certificate to practise from 1 July 2023 onwards if you have not renewed, and until it has been issued, you won’t be able to practise. Applying for a new certificate between 1 July and 30 September has a 200% surcharge applied to practising certificate fees. Please note that action can be taken by the Legal Services Board if you practise without a current practising certificate. Contact Membership on (03) 9225 7111 if you need assistance.
Sam Hay KC
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.
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.
The Women Barristers’ Association (WBA) will be holding their Annual General Meeting on Wednesday, 26 July 2023, at 1:00pm, in Bar Council Chamber, Level 1, Owen Dixon East.
The AGM is open for all members to attend, and WBA also encourages new members to attend and join.
Further, the WBA wishes to put out a call for new committee members. Anyone interested in joining the Committee is welcome to send a nomination form to Shannon Finegan by no later than 12:00pm on Wednesday, 19 July 2023.
At the AGM, the Committee for 2023-24 will be elected and other business (including convenors report and accounts for the year) will be considered.
Consistent with its commitment to transparency and ensuring that all members have a fair opportunity to represent the Bar, the Bar Council is seeking for expressions of interest from those members of the Bar who wish to be considered for nomination to the Magistrates’ Court Appropriate Dispute Resolution Committee.
The ADR Committee is a consultative body that includes members of the judiciary and court administration, the Victorian Bar, the Law Institute of Victoria, and the Dispute Settlement of Victoria. The Committee is responsible for identifying opportunities where dispute resolution may generally facilitate the just, efficient, timely and cost-effective resolution of the real issues in dispute. The Committee also considers the management of the Court’s legal dispute process and raise awareness of the Court’s dispute resolution services, such as the List of External Mediator (LEM). Currently, Mr Nussen Ainsworth is on the Committee.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. You are encouraged to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise. This will assist the Bar Council to select the best candidate for the position.
Please forward your expressions of interest to ED@vicbar.com.au. The closing date for the EOI is 5:00pm, Monday, 10 July 2023.
- 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.
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.
- Developments in Expert Evidence: Implications for Criminal Lawyers is on 17 July 2023 from 5:15pm-6:15pm. This session explores recent developments in expert evidence, including lessons for criminal lawyers about becoming involved in briefing experts, and emerging topics such as gait analysis, footwear evidence, and the prejudice arising from particularly technical areas of scientific evidence. This is an in-person event and will also be available online via live stream. Click here to RSVP
- Commercial Bar Core Skills – Discovery, Subpoenas and Security for Costs is on 18 July 2023 from 5:00pm-6:00pm. Discovery, subpoenas and security for costs are bread and butter issues for the junior Commercial Bar. This seminar will equip the attendees to deal with those issues at short notice. It will cover the basics of each topic, with references to current Victorian case law, and use selected case studies to illustrate the issues in practice. The materials will include a helpful 2-page “ready reference” guide on each topic. This is an in-person event for barristers only and will also be available online via live stream. Click here to RSVP.
- Children's Court Bar Association CPD Day is on 19 July 2023 from 9:00am-16:15pm. In this seminar you will hear from experienced speakers from across the jurisdiction on a range of topics including: Procedure and evidence in contested hearings; Supporting Aboriginal families through child protection proceedings; and Making a career in the Children's Court. There will also be an interactive ethics seminar to keep you on your toes! The cost for this event is $50. This is an in-person event only. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
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.
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 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.
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
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.
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-General's Department, please click here.
Application fees are payable in the Administrative Appeals Tribunal in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015 (AAT Regulation) and the Migration Regulations 1994. The amounts of these fees will increase on 1 July 2023.
General, Freedom of Information, Security, Small Business Taxation, and Taxation & Commercial and Divisions
From 1 July 2023, the standard application fee will be $1,082. The application fee payable for small business taxation decisions will be $581. The lower application fee payable for lodging an application in respect of the taxation decisions described in subregulation 20(2) of
the AAT Regulation will be $107.
There is no change to the $100 fee that is payable if a person is eligible to pay a concessional fee rather than a standard application fee.
Migration and Refugee Division
For applications lodged from 1 July 2023, the fee that may be payable after the review of a protection visa decision will increase to $2,076.
The fee for lodging an application for review of other decisions in the Migration and Refugee Division, where a fee is payable, will increase to $3,374. In cases where a 50% fee reduction is granted, the reduced fee will be $1,687.
If you have any questions about the change to the fees, please contact our Legal and Policy Section on (03) 9454 6145 or by email to legalandpolicy@aat.gov.au.
The Sentencing Advisory Council has today released its final report into adjourned undertakings (often known as good behaviour orders, or bonds), with 26 recommendations for reform.
The report arises from the Council's recent law reform project on adjourned undertakings and related orders. Over the last 18 months, the Council has met with stakeholders, published a consultation paper (including extensive and novel data analysis), received written submissions, developed draft options for reform, and tested those options with stakeholders.
Some of the key recommendations in the report include:
- renaming adjourned undertakings as 'good behaviour orders',
- limiting payment conditions of adjourned undertakings to payments to the Court Fund,
- revising the adjourned undertaking form, and
- decriminalising breaches of adjourned undertakings.
Quotes attributable to Council Chair Professor Marilyn McMahon:
"Adjourned undertakings serve a critical role in our justice system ... As the second most common sentence imposed in Victorian courts, adjourned undertakings are already working very well. They let people move on with their lives, and at the same time they make the community safer and save taxpayers’ money. Our 26 recommendations are simply designed to make this sentencing order work even better than it already is."
To download the final report, and review all the recommendations, click here.
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.
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, 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
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.
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.
The Attorney-General wishes to appoint a member to the Appeal Costs Board.
The Appeal Costs Board (Board) is responsible for the administration of the Appeal Costs Act 1998 (Act). The Board serves a function like that of a compensation tribunal: in certain circumstances it may partially compensate litigating parties who suffer loss through incurring legal costs arising from judicial error or other special circumstances for which the litigating party is not responsible.
The main functions of the Board are assessing and determining applications for payment made under the Act and discharging other functions conferred by the Act.
Board members are responsible for assessing applications from legal practices and individuals who may be entitled to payments pursuant to the Act. The role requires attending monthly meetings and assessing Section 17 applications several times per month. A minimum availability of approximately fifteen to twenty-five hours per month is required. It is preferred that applicants should be experienced in costs law and be admitted to practise law in Victoria with a minimum of five years’ experience.
Applications close Friday 7 July 2023.
Click here for more information and to apply.
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.
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, 6th July 2023