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In Brief Issue #1119
8Sep
The Victorian Bar is an enduring and venerable institution, and one that we should all feel very proud to belong to. While we are a voluntary association of independent professionals, we can, through our Bar, make a significant collective contribution to the administration of justice. Our unique professional status and college ought be our strength and usually it is. Unfortunately, below I address a recent example of behaviour by one of our number which falls below the professional standards expected of all barristers and which undermines the collegiate atmosphere we all enjoy around chambers.
Last week, the Bar made a submission to the Inquiry into Ethics and Professional Accountability being conducted by the Federal Parliament’s Joint Committee on Corporations and Financial Services arising out of recent scandals involving “multi-disciplinary” firms. We know as barristers that there are good reasons why we are constrained to practise in the way we do. As a result, we are well placed to provide a submission to the committee. We took the opportunity to remind government that the best source of external advice will often be the independent Bars. My thanks to those who participated in the working group: Allan Myers AC KC, James Barber KC, Joseph Carney, Lachlan Molesworth, Daniel Kinsey and Sarah Zeleznikow — and particularly to James, Joseph, Lachlan and Daniel who wrote the submission.
On a related topic, the Bar Council has established a working group to look at the pay and conditions of our members who accept publicly funded briefs in criminal prosecutions, legally aided matters and child protection across all jurisdictions. These briefs are chronically underfunded. We will keep you informed of the work and its outcomes.
On Wednesday evening, I attended an event hosted by Victorian Women Lawyers and the Women Barristers’ Association in recognition of the commencement of the State Government’s Victorian Gender Equitable Briefing Policy. The targets set by the policy are designed to address gender inequality in the legal profession and to ensure that not only are women barristers briefed in at least 50 per cent of cases, but that they receive at least 50 per cent of the value of fees paid.
Many of you might question why, in 2023, there is a need for such a policy. Dr Kylie Weston-Scheuber has been collecting data from the various State courts and what it shows reflects what the judiciary has been telling us. Male barristers still get the lion’s share of appearances, and especially speaking roles in our Supreme Court, particularly in commercial and common law cases. For instance, in the 2022/23 financial year, in the Court of Appeal, female counsel appeared in only 26 per cent of civil appeals and had a speaking role in only 19 per cent. In the Commercial Court, where junior counsel had a speaking role, only 18 per cent were female. The discrepancy does not reflect the demographics of our Bar. It was an enlightening evening and I thank my hosts, particularly Elizabeth Ruddle KC, the President of the WBA and Sophie Lefebvre, the President of VWL.
Unfortunately, events such as the one I attended on Wednesday evening seem to provoke a sense of grievance among some of our members. This week an unauthorised notice was posted in the lifts of Owen Dixon Chambers East. The notice contained snide remarks apparently designed to make fun of awards that celebrate the achievements of women in the law. It also mocked those who adopt gender neutral pronouns and sought to ridicule those who acknowledge First Nations people in their email footers.
To the author of the notice, I say this: it is sad that the promotion of women and the celebration of their achievements in the law have caused you to feel left behind. That is not how any member of this Bar should feel. We are a strong community of professionals, strengthened by our diversity and our support for one another. If you wish to seek advice about your practice or discuss matters which concern you about the workings of the Victorian Bar, please contact me or another member of the Bar Council, rather than denigrating the work and practice of your colleagues by anonymously posting faux notices in lifts. I would also remind you of the obligations imposed by our conduct rules including rule 123 (anti-discrimination and harassment) and the objects and principles embodied in rules 3(a) and 4(b) (which require barristers to maintain high standards of professional conduct).
For anyone thoroughly tired of the Melbourne winter, this year’s ABA Conference, Cornerstone 2023: The Rule of Law kicks off in two weeks’ time on the Gold Coast. From Thursday 21 September through to Saturday 23 September, key figures from the judiciary, the various State Bars, including our own, politics, the media, and the broader legal profession will come together to discuss a range of topics, including ‘criminal law and the Rule of Law’; ‘ethical issues that the judiciary and the profession cannot ignore’; and ‘current issues of law and practice in commercial, criminal, common and taxation law’. Places are still available; you can register here.
It was announced this week that Suzanne Kirton and Andrew Palmer S.C. have been appointed as Judges of the County Court of Victoria. The Bar extends its congratulations to Judge Kirton and Judge Palmer. A welcome ceremony for Judge Palmer will be held at 9:15am on Tuesday, 19 September and for Judge Kirton, at 9:15am on Thursday, 12 October.
This Sunday, it will be 100 years since Joan Rosanove QC signed the Victorian Bar Roll - she was the first woman to do so. Have a great weekend, Sam will be back in the seat next week. He has been having a well-deserved break.
Georgina Schoff KC
The Governor in Council has appointed the following as judges of the County Court of Victoria:
His Honour Judge Andrew Palmer (Criminal Division)
Her Honour Judge Suzanne Kirton (Commercial Division)
The appointments were effective from Tuesday, 5 September 2023.
Welcome ceremonies to mark the appointments of Judge Palmer and Judge Kirton will be held on Tuesday, 19 September at 9:15am and Thursday, 12 October at 9:15am, respectively. Further details will be made available when they are known.
Bar Roll No: 830
It is with deep regret that the Victorian Bar informs members of the death of the Honourable Alexander Robert Monteith KC on 30 August 2023.
Born 20 February 1944 and educated at Caulfield Grammar School and then the University of Melbourne, ‘Robert’, also known affectionately as ‘Monty’, signed the bar roll in February 1968, reading with the Honourable Robert Brooking AO KC.
He went on to develop a successful practice at the Common Law Bar in Melbourne where he was a much-loved member of chambers on the 10th Floor of Owen Dixon Chambers East.
Robert took four readers: Frank Zydower, Ian Barnes, Jonathan Brett KC and John Saunders, and was appointed silk in 1999.
In 1999, seeking the benefits that a warmer climate might have for a persistent back injury, he moved with his wife Kaye to Townsville and joined the Queensland Bar.
He served as a Justice of the Family Court of Australia in the Townsville registry from 2000 until 2011. He is remembered as an affable and respected judge who involved himself professionally and socially with the local members of the profession and the Bar in particular.
Apart from the law, he and Kaye were involved for many years in the Townsville Chamber Music Festival and he enjoyed sailing.
A funeral will be held to honour Robert’s life at St Paul’s Cathedral, at the corner of Flinders & Swanston Streets Melbourne, on Tuesday, 12 September 2023 at 2:00pm.
The service will also be livestreamed via YouTube here for those who are unable to attend in person.
Members who have yet to pay their subscription fees are reminded that they are now significantly overdue and should be paid as soon as possible. Bar subscriptions are an integral component of a barrister’s ability to practice. If you have not made arrangements to pay your subscription fees, please do so. Should you require assistance on this or other administrative matters, the Victorian Bar office can help you. Members who need assistance should email membership@vicbar.com.au or contact Mark Bryant on (03) 9225 7111.
The Attorney-General, Jaclyn Symes, seeks expressions of interest from suitably qualified persons for appointment as a magistrate of the Magistrates’ Court of Victoria. Experience in criminal law, and/or civil dispute resolution would be advantageous. Practitioners with experience in family violence matters are strongly encouraged to apply. Applications close at 11:59pm on Wednesday, 13 September 2023. Click here for further information.
The Victorian Bar has been invited to nominate a representative of the Bar to the County Court Civil Rules Committee.
The Bar is calling for Expressions of Interest for the position from currently practicing members who have extensive knowledge of the Civil Procedure Rules.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Your Expression of Interest should identify any relevant areas of experience or expertise, including.
- extensive, up-to-date knowledge of the Civil Procedure Rules;
- contribution in a similar capacity with other bodies (if any).
Please direct any enquiries or Expressions of Interest to ed@vicbar.com.au.
The closing date for Expressions of Interest is Monday, 18 September 2023 at 4:00pm.
Are you interested in increasing your skill in working through your own challenging workplace moments?
Are you interested in getting better at listening to a colleague talk about their own challenging workplace moments?
If you have answered ‘yes’ to both questions you are a potential candidate for a new peer group program that is being initiated by the Health and Wellbeing committee. The program is being funded by the LSB and will be developed by Bernadette Healy in consultation with the committee and with program participants. This is a pilot program aimed at trying out a new and small-group approach to dealing with the particular challenges of being a barrister. The program will be conducted in a safe and confidential environment.
More information on the program will be forthcoming including as part of the RU OK Day events and on the wellbeing portal.
To express interest or ask a question please call Bernadette on 0417 351 677 or email her at bhealy@revisiongroup.com.au
Mediation is an essential part of the justice system with a great many litigated matters being referred to mediation. Barristers and law professionals wishing to become an accredited mediator under the National Mediator Accreditation System can register for the Lawyers Mediation Certificate (LMC) six-day course (on 24-26 November & 1-3 December 2023) here. Early Bird discounts apply, but places are limited.
The Open Justice Project sees later year undergraduate and postgraduate law students provide pro bono legal assistance (such as research and paralegal assistance) to barristers in pro bono matters. The Project’s success is thanks to a collaboration between the Victorian Bar and the Monash Faculty of Law, whose participants have been overwhelmingly praising it.
“This was invaluable assistance, and most grateful for the promptness (both in OJP in finding a student and then the student completing the work)” – Kay Chan
Find out more here.
Nominations are now open for the Law Council’s President’s Award 2023.
In 2007, the Law Council introduced this prestigious annual award, conferred to Australian lawyers in recognition of an outstanding contribution to the public or other service. The award recognises and celebrates the exceptional accomplishment of individuals whose personal and professional commitment is to promote the development of improvement of law or the administration of justice throughout Australia.
Previous recipients of the President’s Award are (2007) Mr Lex Lasry QC, (2008) The Hon Ted Mullighan QC, (2009) Mr Bret Walker SC, (2010) Mr Colin McDonald QC, (2011) Ms Debbie Mortimer SC, (2012) Mr Mark Woods, (2013) Ms Elizabeth Heenan, (2014) Mr Geoffrey Eames AM QC and Ms Raelene Webb QC, (2015) Mr Ian Kennedy AM, (2016) Mr Julian McMahon, (2017) Mr David Neal SC, (2018) Mr Phillip Boulten SC, (2019) Ms Haley Allan and Mr Bill Mitchell, (2020) Mr Stephen Keim SC, (2021) Mr Terry O’Gorman AM and (2022) Ms Kate Eastman AM SC.
The Bar Council is asked to nominate one outstanding member of the Bar for this year as a recipient. In sending your nomination, kindly include a statement about the nominee’s achievements and how he or she fits the Award Eligibility Criteria.
Kindly send your nomination to sharni.doherty@vicbar.com.au on or before COB, Friday, 15 September 2023.
- Individual applications are now open for part level 11, Aickin Chambers. This rare opportunity is open to all barristers, visit the Vacant Chambers page on the BCL website to view and apply for all available rooms.
- 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.
- In Safe Hands: Starting an Arbitration is on 11 September 2023 from 5:15pm-6:15pm. This seminar is the second in the series, giving practitioners foundational knowledge of the law and processes of arbitration. This seminar will cover topics such as the arbitration agreement, commencing an arbitration and what is involved in a stay of curial proceedings. This is an in-person event and will also be available online via Zoom. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
R U OK? Day this year is Thursday, 14 September. If you think that there is something not quite right with someone close to you, they might need a bit of extra support. You can find tips to start a conversation with them here. A directory of services can be found here. The Bar will be hosting an R U OK Day event on the day, but it’s important to remember that the ideals of the day should carry on throughout the year.
The Essoign now has a coffee cart open on the ground floor of Owen Dixon West.
Available daily from 7:30am is tea, coffee and a selection of sweets and pastries.
Ask about our VIP coffee cards at the cart.
Click here to view the flyer.
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!
The newest member of the FCFCOA courts is ‘Lucy’, an accredited support dog who will be on hand to enhance the experience of families and children as they go through the court process in the Melbourne Registry. The courts are looking for feedback on the program, so if members – or your clients – have been lucky enough to encounter Lucy and would like to provide feedback, you can do so here.
The Chief Justice of Victoria, Anne Ferguson, has released a statement on behalf of the Victorian courts and VCAT in response to Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice Systems.
You can read her Honour’s statement here.
On 9 October 2023, the CMS Portal will be introduced into the Child Protection jurisdiction of the Children’s Court of Victoria.
You are strongly encouraged to register for a CMS Portal account now, to ensure you have access to the system from day 1. Instructions for how to register are available on the Enrolling in CMS Portal page of the CMS Help Centre.
When your account is available, you will be able to submit documents, and view and track case information, all in one digital place.
Have you heard about the Richard Griffith Library but have never visited it? 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, 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
In conversation event at the Federal Court of Australia
Join Professor Val Napoleon, University of Victoria (Canada), and Chief Justice Debra Mortimer, Federal Court of Australia, for an in-conversation event being held at the Melbourne registry on 12 September 2023.
Click here to view the flyer for more information.
Current Issues in the Practice of Employment and Industrial Law
Please click here to view an invitation from the Judges of the Federal Court of Australia inviting practitioners to a seminar on 13 September 2023 discussing the topic “Current Issues in the Practice of Employment and Industrial Law”.
Presenter: Professor Katy Barnett
For this lecture, Professor Katy Barnett will discuss the book she co-wrote with Professor Jeremy Gans, Guilty Pigs, which considers the history and development of the law as it relates to animals. Does the King really own all the swans? Were medieval animals put on trial? And should animals (in captivity or otherwise) be treated like people? Since Guilty Pigs has come out, the New York Court of Appeal decided that Happy the elephant was not entitled to legal personhood, but the Panamanian government has said that people can sue on behalf of the interests of sea turtles.
We hope you can join us for this opportunity to hear Professor Katy Barnett speak. The lecture will start at 6:00pm and is hosted by the Law Library, Melbourne Law School.
Date & time: Tuesday, 19 September, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Yoorrook Justice Commission is the first ever Indigenous-led truth-telling commission on the impact of colonisation and ongoing harms against Indigenous people. A legal community event on the topic of Indigenous Truth Telling and the work of the Commission will be held on Thursday, 21 September 2023 at Maurice Blackburn, from 5:45pm.
Participants will hear from Commissioner Kevin Bell, Professor Melissa Castan, and Leanne Miller AM, in a conversation facilitated by Dr Jeremie Bracka. The event is co-hosted by RMIT Graduate School of Business and Law, and the International Commission of Jurists (Victoria), in conjunction with the Castan Centre of Human Rights Law, Monash University.
Registration is free here.
Columbia Law School's Office of Graduate Degree Programs will soon travel to Melbourne to promote their Executive LL.M. and traditional LL.M. programs.
Click here to register to attend an information session.
Established in 2010, the annual Michael Kirby Justice Oration provides a platform for leaders within our community to share their experiences, deep understanding, knowledge and reflections on issues of justice.
REFLECTIONS ON THE ROLE OF ADVOCATES CONFRONTING POWER
This year's Michael Kirby Justice Oration (2023) will be a reflection on the role of advocates when facing injustice and the abuse of power, and the critical role advocates now play in our society.
Ranging across time and place, our Orator, Barrister Julian McMahon AC SC will reflect on:
- the role of an advocate as a symbol and actor in confronting settings
- the necessity of the rule of law
- the importance of advocates speaking truth to power.
From imprisoned advocates, to UN enquiries, to some of the work of the Hon Michael Kirby AC CMG and our own Australian injustices. From liberal democracies to brutal regimes – this 2023 Michael Kirby Justice Oration will explore what the role of advocates has been and now become.
JULIAN P MCMAHON AC SC
Julian works mainly in criminal law. He accepts briefs in all jurisdictions.
He has been engaged in many long and complex trials, including in homicide, terrorism, corruption, drug, fraud and, outside Australia, death penalty matters. He has considerable experience in numerous overseas jurisdictions.
In 2021 Julian was made a Fellow of Monash University. In 2017 he was made a Companion of the Order of Australia. He has been awarded the Law Council of Australia's President's medal, an honorary Doctorate in Law from the Australian Catholic University, the 2016 Victorian Australian of the Year, and the Victoria Law Foundation Distinguished Pro Bono Service Award.
Julian holds an Indictable Crime Certificate and is a member of the VLA Criminal Trial Preferred Barrister List.
EVENT DETAILS
DATE:
Wednesday, 27 September 2023
TIME:
Refreshments - 5:00pm - 5:30pm
Oration - 5:30pm - 6:30pm
LOCATION:
295 Queen Street Melbourne VIC 3000
RSVP:
Monday 18 September 2023
Click here to register.
Invitation to 2023 Sir Zelman Cowen Centre Oration: Craig Foster AM on sport as catalyst for social change
You are cordially invited to attend the Sir Zelman Cowen Centre 7th Annual Oration.
The Oration will be delivered by Craig Foster AM. Craig will speak about the capacity for sport as a platform and catalyst for positive social change, through a human rights lens.
DATE: Thursday, 28 September 2023
TIME: 5:30pm-7:00pm (including refreshments)
VENUE: Courtyard Lecture Theatre, 295 Queen Street, Melbourne (entry via Little Lonsdale St)
About the speaker:
Craig was appointed a Member of the Order of Australia in 2021 for his significant services to human rights, multiculturalism, and refugee support organisations, and to football, and is the current NSW Australian of the Year for 2023 and Chair of the Australian Republic Movement. He is also a member of the Multicultural Council under the Department of Home Affairs, Immigration and Citizenship division.
Click here for more information and to register.
Sentencing Theory and Practice Masterclass
Emeritus Professor Arie Freiberg AM, former Chair of the Victorian Sentencing Council, will be facilitating the Sir Zelman Cowen Centre’s Sentencing Theory and Practice Masterclass.
The Masterclass runs over two intensive days, and is crafted for those already aware of the practices and challenges of sentencing in the criminal jurisdiction but wishing to deepen their understanding. Each year the program attracts participants from different backgrounds, including law firms, police, regulatory agencies, the Office of Public Prosecutions, and the courts. The program is highly interactive, allowing participants to share and contribute to each other’s knowledge, and to build connections with other practitioners. As such, places are limited to a maximum of 20 people.
The details are:
Date: Thursday, 12 October and Friday, 13 October 2023
Time: 9:30am – 5:00pm
Delivery: In person at the Sir Zelman Cowen Centre, 295 Queen Street
Cost: $1,250 including GST (this includes full catering)
Register: by email to cowen.centre@vu.edu.au
Participants can claim 10 Continuing Professional Development (CPD) points for completing the masterclass. For further details please see the attached information. More information is also available on the SZCC website here.
2023 International Arbitration Conference
ACICA and Ciarb Australia will be hosting the 2023 International Arbitration Conference during Australian Arbitration Week on 9 October 2023.
Our one-day program includes a Keynote Address from Kanaga Dharmananda SC and features a host of eminent speakers and expert practitioners from around the globe.
Register here.
2023 Annual Lecture
Separately, Ciarb Australia will be hosting the 2023 Annual Lecture during Australian Arbitration Week on 10 October 2023 between 5:00pm – 6:30pm AWST. The speaker for this year's lecture is The Hon Robert French AC and the lecture topic is "Arbitration and Statute - Entanglement of Private and Public Interest"
Register here.
2023 Young Members Group Event
Lastly, Ciarb Australia Young Members Group together with Clifford Chance and Omni Bridgeway will be hosting a seminar on 11 October 2023 between 5:00pm - 6:15pm AWST. The title of the seminar is "From Down Under to Up Above: Space Resources Exploration and Exploitation - Opportunities and Risks in the New Frontier".
Register here.
The Australian Lawyers Alliance invites Victorian barristers to its annual National Conference, to be held this year on 19-21 October in Queensland. The conference draws solicitors, barristers and legal professionals from around Australia, with a CPD program focused on current issues in plaintiff personal injury law, justice and human rights.
The program, more details and registration information can be found on the conference website here.
The Migration Law Committee from the Federal Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers on 27 October 2023 in the Gold Coast. This will be offered in-person and online.
When: Friday, 27 October 2023
Where: The Langham, 38 Old Burleigh Rd, Surfers Paradise QLD & online
Time: 1:00pm - 5:30pm (AEST) followed by drinks and canapes
Click here to view the flyer.
Click here for further information.
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, 14th September 2023