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Obituary - W D (Bill) Magennis

[24 Jul 2007]

It is with deep regret that the Bar Council informs members of the Bar of the death of W D (Bill) Magennis on Sunday 22 July 2007.

Bill Magennis was educated at Scotch College and the University of Melbourne.  He served in the Australian Imperial Forces in World War II.  He completed his law degree after the war, and served articles at the firm of Norris, Coates & Hearle.   He was admitted to practice on 1 December 1947 and remained with Norris, Coates & Hearle for more than 10 years, becoming a partner in that firm.  He signed the Bar Roll on 28 August 1958.  He read with the Honourable William Kaye AO QC.

Bill Magennis practised exclusively in Workers’ Compensation law, and served on the Workers’ Compensation Board Committee of the Bar for more than 17 years.  He once appeared before the Privy Council, led by the late Honourable Clifford Menhennitt QC.  He retired from active practice on 31 March 1993 after nearly 35 years at the Bar.

The funeral service will be in the Le Pine Chapel, 981 Burke Road (corner Victoria Road), Camberwell, on Wednesday 25 July 2007 at 10 am.  There will be a private cremation.

Obituary - Robert J Johnston

[24 Jul 2007]

It is with deep regret that the Bar Council informs members of the Bar of the death of Robert J Johnston on 23 July 2007.
Robert Johnston was a member of the Bar Council and served just short of 40 years’ practice at the Bar.

Victorian Bar Intensive Advocacy Skills Workshop in Port Moresby PNG

[20 Jul 2007]

Congratulations and thanks to the Bar team who have conducted the Workshop this past week for the Legal Training Institute of PNG.

The Legal Training Institute is the equivalent of Victoria’s Leo Cussen Institute and is a pre-admission year long full time Course. Our Advocacy Workshop is an integral part of the overall advocacy examination component for the trainees in that Course.

The trainees are assessed throughout the Workshop week by the Legal Training Institute teachers and that assessment counts for their advocacy component for the end of year admission examinations. This year there are 63 trainees undertaking the Advocacy Skills Workshop.
The Advocacy Workshop teaching team comprises:

The Hon. Justice Elizabeth Hollingworth (first trip) Ian Hill QC (5 trips) Geoffrey Steward (9 trips) Martin Grinberg (8 trips) Mandy Fox (first trip) William Alstergren (first trip) Tony Burns (first trip) and Barbara Walsh (20 trips).

An interesting aspect to the Legal Training Institute is that the current Director, Pauline Mogish was undertaking the Victorian Bar Readers Course in 1999 when the call came through to her from the then Chief Justice of PNG to offer her the Director’s position. She had been a product of one of our Workshops at the Legal Training Institute when she herself was a pre-admission trainee in PNG.
 

Welcome – His Honour Judge O’Neill to the County Court of Victoria

[19 Jul 2007]

His Honour Judge Chris O’Neill was sworn in as a Judge of the County Court of Victoria and the legal profession extended a welcome to his honour on Monday 30 July 2007 at 9.15 am at court 3-3, County Court of Victoria, 250 William Street Melbourne.

Farewell to the Honourable Justice Ian Callinan AC

[19 Jul 2007]

A special sitting of the High Court of Australia was held at 9:30 am on Friday 3 August 2007 in the High Court Courtroom to mark the occasion of his Honour’s last Melbourne sitting before his retirement from the Court.

Law Council Calls for Bridging Visa as an Alternative to Haneef Detention

[18 Jul 2007]

The Law Council is calling on the Minister for Immigration, Kevin Andrews, to consider issuing a bridging visa to ensure Dr Mohamed Haneef does not have to await his trial in detention.

Farewell - The Honourable Justice Bill Gillard from the Supreme Court of Victoria

[18 Jul 2007]

A farewell sitting to mark the retirement of the Honourable Justice Bill Gillard was held at 4.30 pm on Tuesday 31 July 2007 in the Banco Court, Supreme Court of Victoria.

VCAT Information Bulletin

[13 Jul 2007]

The Information Bulletin, which concerns Retail Tenancies List interlocutory steps and standard orders, can be download below.

Obituary - The Honourable Rod Joske

[12 Jul 2007]

It is with deep regret that the Bar Council informs members of the Bar that retired Family Court of Australia Judge, the Honourable Rod Joske, died on the evening of Tuesday, 10 July 2007, after a long illness.  Rod Joske served articles with Russell Kennedy & Cook. He was admitted to practice on 1 March 1956, and signed the Bar Roll on 30 April 1957.  He read with the late Sir Keith Aickin.  He practised at the Victorian Bar for nearly 19 years.  Although he came to specialise in family law, he had a wide practice in civil jury work, with occasional forays into equity, taxation and causes.  About a year before his appointment to the Family Court, he did a long criminal trial in the Supreme Court.  He represented the Bar on the Legal Aid Committee and served on the Bar Juries sub-committee, the Bar Matrimonial Causes sub-committee and the Bar/LIV Family Law Committee.  Appointed to the Family Court on 11 June 1976, Rod Joske served with distinction for nearly 30 years, both in the Trial Division and, in the 1980s, as a Judge of Appeal. 

The funeral service was held in St John's Anglican Church, Finch Street, East Malvern on Monday 16 July 2007 commencing at 10.00a.m., followed by a private cremation.

Protection of Aboriginal Children

[6 Jul 2007]

Member of the Bar, Rex Wild QC, Northern Territory Director of Public Prosecutions and Pat Anderson have reported on the problem of sexual abuse within Aboriginal communities and possible solutions.       

Alternative Dispute Resolution Assistance Scheme (“ADRAS”) – Invitation of Expressions of Interest

[5 Jul 2007]

The ADRAS Memorandum of Understanding between the Commonwealth and the Bar (as a Professional Organisation) (“ADRAS MOU”) has now been executed on behalf of both parties.

ADRAS is part of the Commonwealth Government’s “WorkChoices” system.  Employers and employees covered by WorkChoices may choose between referring certain disputes to a private ADR Provider under ADRAS or referring them to the Australian Industrial Relations Commission.

Upon application to the Commonwealth, and receiving an ADRAS Voucher Letter, the Eligible Parties to such a dispute are entitled to up to $1,500 (including GST) for private ADR – but only from an ADR Provider on the ADRAS Register of a Professional Organisation that has executed an ADRAS MOU with the Commonwealth.

A memorandum summarising significant aspects of the scheme may be viewed below.  Full details of ADRAS are available at the Government WorkChoices website.

ADRAS requires for eligibility that an ADR Provider:

  • Be a current member of the Professional Organisation (in our case, the Bar);
  • Have an appropriate awareness and knowledge of the Workplace Relations Act 1996; and
  • Execute an Undertaking to the Commonwealth accepting the ADRAS ADR Provider Terms and Conditions – such Undertaking to be provided to the Professional Organisation, not the Commonwealth directly.
For members’ information, enrolment on the ADRAS Registers of the NSW and Queensland Bars has been minimal, and no barrister on either Register has received a single ADRAS assignment.

The necessary ADR Provider Terms & Conditions and Undertaking are in the Commonwealth ADRAS Information Kit.  To obtain the Kit and instructions for completion of the Undertaking, please send an email or fax to the Executive Officer, Denise Bennett with “ADRAS Information Kit” as the subject.  Email denise.bennett@vicbar.com.au or fax (03) 9225 6068.

County Court Practice Note PNCI 4-2007

[3 Jul 2007]

County Court Practice Note PNCI 4-2007, concerning the Damages List - Applications Division, General Division and Serious Injury Division, can be downloaded below.

County Court Practice Note PNCI 5-2007

[3 Jul 2007]

County Court Practice Note PNCI 5-2007, concerning the operation and management of the Business List, Commercial and Miscellaneous Divisions (Melbourne Registry), can be downloaded below.