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In Brief Issue #1113
28Jul
As many members will know, we are often asked to make submissions in respect of proposed legislative reform. Given the high number of submissions we put out, it is not feasible to alert members to every submission we make. However, this week we prepared a particularly important one in response to a request from the LCA about the exposure draft of the Australian Government’s Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023. In our submission, we state that, while we acknowledge the potential harm posed by the rapid and widespread dissemination of false or otherwise harmful information online, we have significant concerns about the Bill’s response to that danger. In our view, the Bill is insufficiently sensitive to, and protective of, freedom of expression and related privacy interests. If you have the time, I recommend you read it. It can be found here. I would like to thank Gina Schoff KC, Mark Robins KC and Romauld Andrew KC for their help in pulling it together, and special thanks and acknowledgement go to James McComish and Dr Julian Murphy for their sterling contributions to the document.
As mentioned last week, the Commonwealth Attorney-General’s Department has advised it is seeking applications for judicial appointment to the Federal Court and the Federal Circuit and Family Court of Australia (Divisions 1 and 2). When submitting an application, you need to use this CV template. Applications are due by 4 August. The official departmental notice which explains the process, and the online expression of interest form, can be found here.
I received a letter from the Honourable Chief Judge Peter Kidd of the County Court about the publication of the Court’s strategic plan entitled Court Directions 2023–26. The plan was developed after a comprehensive consultation process with judicial officers, the Court’s leadership and staff, as well as a wide range of external stakeholders (including the Bar). The objectives identified in the plan will guide the Court’s operations in the coming years.
The Supreme Court of Victoria is hosting a seminar on 24 August from 9:00-10:00am, entitled Institutional Liability: insights from the front lines. It aims to provide practical guidance about communication and case management in the Supreme and County Courts. It will be chaired by the Honourable Justice Andrea Tsalamandris, who will be joined by the Honourable Justice Stephen O’Meara, her Honour Judge Katherine Bourke, Judicial Registrar Andrew Baker and Judicial Registrar Belinda Bales. The event will be held online and in-person in the Banco Court in the Supreme Court. Bookings close at 5:00pm on Tuesday 22 August.
Bryan Cooke, who is the Leading Tutor in Humanities at Ormond College at the University of Melbourne, wanted to let members know that the college is looking for casual tutors in the following subjects:
- LAWS50028 Constitutional Law
- LAWS50031 Legal Theory
- LAWS50033 Equity and Trusts
In the past, several barristers have taught at Ormond and it is again calling for applications for these paid roles. Teaching experience is looked on favourably but is not essential. Please contact Bryan for further details.
On Wednesday next week, I will be attending the official unveiling of the portrait of Peter Jopling AM KC and I’ll say something more about it after the event.
Finally, my congratulations go to Liz Ruddle KC on her re-election this week as Convenor of the Women Barristers’ Association. I would also like to congratulate all the incoming officeholders and committee members. Special mention should also be made of one specific outgoing committee member, Joy Elleray, who was a founding member of the WBA in 1993 and has served in the role of Treasurer ever since (save for the year during which she was Convenor). A stellar effort.
Sam Hay KC
Bar Roll No: 503
It is with deep regret that the Bar Council informs members of the death of Edward Sikk on 21 July 2023.
Mr Sikk signed the Bar Roll on 5 February 1954 and read with Mr R L Gilbert. Mr Sikk was a member of the Bar for 12 years.
Deepest sympathies are extended to Edward’s family and friends.
The Commonwealth Attorney-General, the Hon Mark Dreyfus KC MP, seeks expressions of interest from suitably qualified persons for appointment to the Federal Court and the FCFCOA. The Attorney-General advised that, whilst EOIs are sought across all Registries, the NSW and Victorian Registries of the Federal Court are particularly seeking appointees. Judges of the Federal Court and the FCFCOA are appointed by the Governor-General for a term that expires on the appointee attaining the age of 70.
Expressions of interest are sought from people with substantial legal experience and knowledge of the jurisdiction of the two jurisdictions, who have demonstrated a high level of integrity, sound judgement, interpersonal skills and communication skills, and the ability to conduct hearings.
Potential applicants are encouraged to consider the statutory requirements under s 6(2) of the Federal Court of Australia Act 1976 (Cth) and s 11 and s 111 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).
Further information relating to the remuneration and terms and conditions of judicial officers can be found in the Judicial and Related Offices – Remuneration and Allowances Determination on the Remuneration Tribunal website.
To be eligible for appointment, applicants must be willing to disclose all interest, pecuniary or otherwise, that may conflict with the performance of duties.
Those wishing to submit an expression of interest should complete the ‘Expression of Interest form’, which is accessible by clicking here. Candidates are required to provide their curriculum vitae details using the official format required by the Government.
Further information about the positions can be found here, whilst direct enquiries can be sent to JudicialAppointments@ag.gov.au. Kindly note that applications are due by 11:59pm (AEST) on Friday, 4 August 2023.
The Attorney-General’s Department is currently seeking nominations for suitably qualified candidates for appointment as Commissioners of the Australian Reform Commission to conduct the national inquiry into justice response to sexual violence. Two part-time Commissioners will be appointed to conduct the recently announced national inquiry into justice responses to sexual violence.
The advertisement and candidate information pack for the positions is accessible here.
Information about the position, including remuneration, eligibility and selection criteria, and details on how to apply is available on the Attorney-General’s Department website Careers page accessible here.
Applicants will be initially assessed by a panel on their written application and shortlisted applications will be further assessed by the panel at interview. Please note that applications should be emailed to Sexual.Violence.Responses@ag.gov.au by 11:59pm (AEST) on Sunday, 6 August 2023.
The Bar Council calls for expressions of interest from members who wish to be considered for appointment to the 5 Year Readers’ Course Exam Review Committee.
The Committee was established to report on the rationale, operation, feasibility, content, and purpose of the Victorian Bar Entrance Exam over the previous 5 years.
Nominations close at 5:00pm, Monday, 31st July 2023 and should be emailed to sharni.doherty@vicbar.com.au.
- Dropbox Enterprise is now available through the BCL Technology Subscription Portal. 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.
- Intersectionality and how to be an ally is on 31 July 2023 from 5:00pm-6:00pm. In this session, speakers will discuss the implications of recent research which shows that people of colour, people who have a disability or mental illness, people from disadvantaged backgrounds, trans people, and LGBTIQ+ people experience more frequent or more severe discrimination in the legal sector. This is an in-person event and will also be available online via live stream. Click here to RSVP.
- Mediators Discussion Group is on 31 July 2023 from 5:15pm-6:15pm. This seminar is an opportunity for anyone to raise any topics for discussion arising from a mediation they conducted, or a continuing issue they face in, or anything else they wish to have some peer discussion and input on their mediation. This is an in-person event for barristers only and will also be available online via Zoom. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
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.
Studio 11 is proud to announce the Term 3, 2023 exhibition is installed for your viewing pleasure on Level 11 ODC East.
It comprises a medley of sculpture works by nine local sculptors and seven paintings by Anne Brennan. The acrylic on canvas paintings are inspired by lemon scented gums, Tasmanian forests and roadside trees in rich, organic colours with dynamic twists and turns. Sculpture works by Anderson, Ashkenazi, Ermer, Herreiner, Meszaros, Rickards, Stavovy, Whetton and Wilson speak to playful themes as well as the feminine, motherhood and life phases.
Works are executed in bronze, steel, timber and ceramic. You are invited to come see if you can resist Brown Dog and Scotty Dog at the very least.
There are 27 pieces on show, all of which are available for purchase. Works sheets together with Artist Biographies are ‘on the floor’. The exhibition runs from 10 July – 15 September 2023.
Studio 11 is a voluntarily run initiative. There is no commission payable on purchased works which are available for collection at the end of the exhibition.
Dear Essoign Club Members,
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 attached
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!
Introducing eFiling for subpoenas for production only in family law
The Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) are pleased to advise that in response to feedback from the profession, and as part of the Courts’ commitment to modernising court processes, we are introducing eFiling for family law 'Requests to issue a subpoena'. Initially, eFiling will only be available for subpoenas seeking the production of documents where there is an ongoing family law final orders application.
From Monday, 31 July 2023, the new ‘Request to Issue a Subpoena’ option will be available on family law final orders applications in the Commonwealth Courts Portal.
As part of this change, a new ‘Subpoena (Family Law) Cover Sheet’ will be applied by the Court to each family law subpoena, once it has been issued. The cover sheet outlines the last date for service, the date for production and how/where to produce the documents requested under subpoena. A cover sheet will be applied to all family law subpoenas, including those that are not eFiled or cannot be eFiled (I.e. subpoenas requiring attendance and subpoenas requiring attendance and production).
There are plans to introduce eFiling for all family law subpoena types in the future, however at this stage, eFiling will not be available for subpoena against applications other than final order applications (e.g. interim applications, contravention applications) or subpoena for attendance / attendance and production of documents.
New subpoena forms
Separate subpoena forms are being released for family law and general federal law/migration. The Notice of objection – Subpoena is also being updated and removed from the end of the subpoena forms. It will be available separately on the Courts’ website.
From Saturday 29 July 2023, the following new subpoena forms will be available here:
- Subpoena – Family Law
- Subpoena – General Federal Law and Migration
- Notice of objection – Subpoena
A grace period for the use of the old forms will extend until close of filing on Friday, 29 September 2023.
Producing subpoenaed documents in family law
Subpoenaed material cannot be produced through the Commonwealth Courts Portal. Where possible, documents should be produced by sending an email to the court location set out on the ‘Subpoena (Family Law) Cover Sheet’. All family law registries now have a discrete generic subpoena email address e.g. [location].subpoena@fcfcoa.gov.au.
Further information on issuing subpoenas in family law is available on the Courts’ website.
The County Court of Victoria will establish an Institutional Liability List (ILL) and corresponding Practice Note, anticipated to commence by the end of 2023.
Proceedings suitable for inclusion in the Institutional Liability List involve:
- claims against an organisation founded on the death or personal injury of a person as a result of alleged physical or sexual abuse
- claims against an educational organisation arising out of the death or personal injury of a student of that organisation as a result of physical, sexual or psychological abuse by a fellow student or individual employed or associated with that organisation
- applications to set aside a previous judgment or settlement agreement pursuant to ss 27QB or 27QD of the Limitation of Actions Act 1958 (Vic) prior to the commencement of a proceeding on an action referred to in s27QA of that Act
- claims for breach of the duty of care imposed by s91 of the Wrongs Act 1958 (Vic).
To ensure a smooth transition of operations once the ILL is established, the Court is working closely with the Supreme Court of Victoria and the profession.
In addition, the Court will establish a User Group with the profession to discuss the formation of the ILL and its corresponding Practice Note. The Court will hold a meeting for interested stakeholders at 4:15pm, Wednesday, 23 August 2023.
Practitioners wishing to attend the meeting are invited to register their interest via email to: judgeklbourke.chambers@courts.vic.gov.au.
Learn about the ILL on the Court's website.
The Magistrates’ Court are providing an update arising from amendments contained in the Justice Legislation Amendment (Sex Offences and Other Matters) Act 2022, which come into force on 30 July 2023. The amendments implement several key recommendations from the Victorian Law Reform Commission’s 2021 report ‘Improving the Justice System Response to Sexual Offences.’
From 30 July 2023, it will be mandatory to hold a ground rules hearing (GRH) under Part 8.2A of the Criminal Procedure Act 2009 for all complainants who give evidence in criminal proceedings for a sexual offence.
To support these amendments, the Court has published two Practice Directions, which take effect on 30 July 2023.
- Practice Direction No. 4 of 2023 (Ground Rules Hearings – Adult complainants); and
- Practice Direction No. 5 of 2023 (Ground Rules Hearings & Intermediaries – Witness under the age of 18 and adults who are cognitively impaired).
Practice Direction No. 5 of 2023 revokes Practice Directions No. 2 of 2015, No. 6 of 2018 and No. 23 of 2020.
The Judicial College of Victoria has updated its Victorian Sentencing Manual with two new and important chapters on Firearms offences and Terrorism offences.
The new chapters are a valuable resource for judicial officers, practitioners, and others involved in the sentencing process. They provide comprehensive and up-to-date guidance on the law and practice of sentencing for terrorism offences in Victoria and nationally, and for firearms offences in Victoria.
On 17 July 2023, the Victorian Legal Services Board (‘the Board’) appointed Mr Damian Neylon of Neylon Legal, Level 3, 20-22 McKillop Street, Melbourne, Victoria as Manager of the incorporated law practice JBT Lawyers Pty Ltd (‘the Law Practice’).
The resolution was made pursuant to sections 327(2)(b) and 334 of Schedule 1 to the Legal Profession Uniform Law Application Act 2014 (Vic).
The Law Practice operates from 1/59 Darling Street, South Yarra, Victoria 3141.
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, 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
Institutional Liability: insights from the front lines.
The seminar will focus on this growing area of practice and provide practical guidance on communication and case management in both the Supreme Court and County Court of Victoria, and discussions will include practical tips of benefit for practitioners in the Common Law Divisions of both jurisdictions.
Justice Andrea Tsalamandris (Supreme Court) will chair this seminar, joined by Justice Stephen O’Meara (Supreme Court), Justice Katherine Bourke (County Court), Judicial Registrar Andrew Baker (Supreme Court) and Judicial Registrar Belinda Bales (County Court).
This hybrid event will be held online and in-person on Thursday, 24 August 2023 from 9:00-10:00am in the Banco Court (Court 1) of the Supreme Court, 210 William Street Melbourne.
Bookings close 5:00pm, Tuesday, 22 August 2023.
Registrations now open for Resolution Institute’s flagship mediation training with a 20% discount on membership.
Do you need to enhance your mediation skills, follow a new career path, or develop your negotiation and conflict resolution skills?
Then why not join our experienced trainer Anne Sutherland in Melbourne (21–25 August) for our mediation training and take your career to new heights?
Our highly sought-after mediation training meets the requirements for the National Mediation Accreditation System in Australia and includes personalised coaching and feedback from highly skilled mediators. Upon completion of the course, you will receive 20% off your membership for your first year which will gain you exclusive access to a range of our membership benefits.
For more info & to register, please visit the link above. You can also write to us at learning@resolution.institute or call +61 2 9251 3366
VCAT seeks expressions of interest from suitably qualified candidates with either demonstrated legal practice experience or planning expertise (or both).
Legal practitioners across the private, government and community sectors with significant knowledge and expertise in the jurisdictions exercised by VCAT (particularly in residential tenancies, building and property and other civil claims and planning) are eligible to apply for appointment as an ordinary member. Applicants should demonstrate a high level of integrity, sound judgment, transferable skills applicable to conducting hearings and capability to make fair decisions. Regional travel may be required.
In addition, planning practitioners with significant knowledge, expertise and demonstrated technical capability with substantial years of experience in planning are eligible to apply for appointment as an ordinary member.
The yearly non-sessional Member salary is $266,191 (inclusive of superannuation).
VCAT encourages applications from candidates across all diversity and priority areas, including applications from regional areas.
Applications close Sunday, 13 August 2023.
Please click here for more information and to apply.
We are delighted to invite expressions of interest for two full-time PhD scholarships in the Faculty of Law at Monash University (one to commence in 2023 and one to commence in 2024).
The scholarships are funded by the National Health and Medical Research Council Centre of Research Excellence (CRE) in Better Health Outcomes for Compensable Injury and the Faculty of Law at Monash. The CRE brings together leading researchers in epidemiology, rehabilitation medicine, physiotherapy, psychology, law, health economics, health services research and computational social science at the University of Queensland, the University of Sydney, The University of Melbourne and Monash University.
The PhD scholars will be based in the Australian Centre for Justice Innovation in the Faculty of Law at Monash University and supervised by Associate Professor Genevieve Grant, together with other investigators drawn from the CRE and the Faculty.
Click here for more information.
Register to Judge - 11th Michael Kirby Contract Law Moot Competition 25 - 28 September 2023
We would like to invite barristers to participate in the 11th annual Michael Kirby Contract Law Moot Competition, 25 - 28 September 2023, at Victoria Law School, Melbourne.
Click here and add your availability details.
ABOUT THE KIRBY MOOT
Australia’s only Contract Law Moot, the Kirby Moot, is one of the largest competitions of its kind. It is a fixture in the legal calendar and has support from the County Court of Victoria, members of the Victorian Bar, various law firms and legal training institutions.
WHAT YOU CAN EXPECT
- University participation from across Australia.
- Only two teams per university will be eligible to register.
- A moot problem closely resembling a real-life contract law dispute.
- Students gain formative, regular feedback from practitioners. They develop fundamental lawyering skills, including problem-solving, legal analysis, reasoning and research, communication (oral and written), management and teamwork.
For more information, please visit the website here.
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, 3rd August 2023