Bar Council

The Bar Council is established under clause 8.1 of the Constitution with power to manage and administer the business and affairs of the Victorian Bar.

Committees

The Constitution establishes the Counsel Committee (clause 12) and the Ethics Committee (clause 11).

The power of the Bar Council to establish other committees arises under its power to

Do all such other things as are incidental or conducive to the attainment of the purposes and the exercise of the powers of the Victorian Bar.……………..

The Bar Council has by resolution established a number of committees. There are currently 25 Standing Committees and 3 Joint Standing Committees of the Bar Council. A list of the committees and identities of members of the committees is contained on the website.

Each year the Bar Council appoints the persons who become members of each committee following recommendations made by senior members of the Council who have considered expressions of interest and consulted with the Chairs of the various committees.

These Bar Committees are not independent of the Bar Council. They cannot speak on behalf of the Bar Council without its express authority. Their function is to advise the Bar Council.

Bar Practice Associations

There are a number of associations of barristers based on areas of practice which have been established independently of the Victorian Bar Council.

There are currently eight Bar Practice Associations: - the Criminal, Commercial, Common law, Taxation, Family law, Children’s Court, Industrial, and Compensation law Bar Associations.

The Bar from time to time conducts joint events with these Associations, joins in making submissions to Government on areas of common interest, offers some administrative support and assists in the collection of subscriptions.

The Bar Council does not control the membership or constitutions of the Bar Practice Associations. Some have constitutions that provide for elections and some of which do not.

The Bar Practice Associations do not speak for the Bar and have no representative role on behalf of the Victorian Bar. They can and do speak for the members of the particular association.

Because of the consanguinity of interest with Bar Practice Associations they are given a presence on the Bar’s website.

Save where the Bar Council joins with an Association in pursuing a common submission or policy, the Bar Council generally neither endorses nor adopts policy positions that may be taken by Bar Associations. The understanding between the Council and the Associations is that they speak for themselves and do not purport to speak on behalf of the Victorian Bar.

Other Associations, Panels and Forums

There are other associations of barristers (however styled) which have been established independently of the Victorian Bar Council. These Associations, Panels and Forums have requested affiliation with the Bar Council.

A long established example of such an Association is the Women Barristers Association.

In more recent times groups of barristers have congregated to pursue their interest in particular areas of specialist practice and social policy. Examples are the Animal Welfare Panel and the Climate Change Panel.

Again these institutions do not have any representative role on behalf of the Bar Council and the Bar Council does not control their membership or constitution.

The Bar Council has resolved to associate itself with the establishment of such associations and panels on the basis that to facilitate this development is consistent with the constitutional obligation of the Bar Council to promote the rule of law including the proper administration of justice, and to seek to ensure that access to the courts is open to all members of the community.

In principle the Bar Council welcomes the establishment of panels of like minded barristers keen to pursue areas of specialist practice and to advocate for causes which may include advocating reform of the law.

The Bar Council sees this development as reflecting the important principles of freedom of speech and of association and the desirability of the Bar assisting its members wherever practicable. Such Panels and Associations provide a welcome opportunity for members of the Bar and especially junior members to make contributions and to be involved in the broader work of the Victorian Bar.

The Bar Council neither endorses nor adopts policy positions that may be taken by such Panels and Associations and the understanding between the Council and Panels is that they speak for themselves and do not purport to speak on behalf of the Victorian Bar.