Submission of the Victorian Bar in response to the Victorian Domestic Building Consumer Protection Framework Public Consultation Paper – April 2012
[29 Jun 2012]
The Victorian Bar response to the Law Council of Australia Position Paper entitled "A Model Limitation Period for Personal Injuries Actions
[10 Nov 2011]
Supplementary Submission on the SCAG Proportionate Liability Regulations Impact Statement
[27 Oct 2011]
SCAG Consultation Draft Proportionate Liability Provisions and Regulation Impact Statement
[18 Oct 2011]
Submission of the Victorian Bar and Criminal Bar Association to the Sentencing Advisory Council on the Prooposal for Statuory Minimum Sentences for Serious Injury Offences Involving 'Gross Violence'
[28 Jun 2011]
Submission of the Victorian Bar to the Scrutiny of Acts and Regulations Committee - Review of the Charter of Human Rights and Responsibilities
[10 Jun 2011]
Submission of the Victorian Bar in Response to the Draft Federal Court Rules 2011
[25 Feb 2011]
The Victorian Bar Council acknowledge the assistance of Albert Monichino SC, Adam Rollnik, Charles Scerri QC, Helen Symon SC, Garry Bigmore QC, Norman O'Bryan AM SC, Philip Crutchfield SC, Adrian Ryan SC and Richard Niall SC.
Reform of the Commercial Arbitration Acts – Submission of the Victorian Bar
[3 May 2010]
Submission of the Victorian Bar in Response to the VLRC review of Victoria’s Child Protection Legislative Arrangements 2010
[16 Apr 2010]
Subordinate Legislation Amendment Bill 2010 - submission of the Victorian Bar
[19 Feb 2010]
The Victorian Bar Council acknowledge the assistance of James Barber and Charles Shaw in the preparation of this submission.
Federal/State Funding Arrangements for Legal Aid
[19 Nov 2009]
The National Human Rights Consultation Committee reported that "many submissions raised the need to improve access to legal representation, particularly by increasing funding to legal aid and community legal centres... The Committee was surprised by the extent of concern about access to justice throughout Australia."
More below.
Planning and Environment Act 1987 Submission
[24 Jun 2009]
Submission of the Victorian Bar in response to the Discussion paper on the opportunities to improve the Planning and Environment Act 1987 entitled “Modernising Victoria’ Planning Act” dated March 2009.
Costs in the Federal Court - Submission on Behalf of the Victorian Bar
[5 Jun 2009]
Submission of the Victorian Bar in response to the Administrative Appeals Tribunal ‐ Draft Practice Direction in Relation to the Taxation of Costs
[1 Jun 2009]
Submission of the Victorian Bar in response to the NADRAC March 2009 Issues Paper on ADR in Civil Justice
[29 May 2009]
Submission of the Victorian Bar in Response to the National Human Rights Consultation
[25 May 2009]
Victorian Bar Response: LCA Law Admissions Consultative Committee - Standards for Approving Practical Legal Training Courses and Providers
[22 May 2009]
Submission of the Victorian Bar in Response to the Personal Properties Securities (PPS) Bill‐Exposure Draft ‐ 10 November 2008
[23 Apr 2009]
Submission of the Victorian Bar in Response to the Standing Committee of Attorneys‐General Issues Paper on a National Judicial Framework
[16 Mar 2009]
Submission of the Victorian Bar in Response to the Inquiry into the Causes of Potential Disadvantage in Relation to Women’s Participation in the Workforce
[6 Mar 2009]
Submission of the Victorian Bar in Response to the Australian Law Reform Commission Review of Secrecy Laws
[16 Feb 2009]
Submission of the Victorian Bar in Response to the Commonwealth Attorney-General’s Department Proposed Native Title Act Amendments
[16 Feb 2009]
Submissions of the Victorian Bar in response to the November 2008 discussion paper reviewing the International Arbitration Act 1974
[6 Jan 2009]
Submission of the Victorian Bar on Civil Wrongs by Police Officers
[18 Sep 2008]
The Bar recommends that s.123 of the Police Regulation Act 1958 be amended to make reckless or intentional police wrongdoers liable to indemnify the State in respect of any damages and costs which it is obliged to pay on their behalf.
Parliament of Victoria Law Reform Committee Inquiry into Vexatious Litigants
[28 Aug 2008]
Submission of the Victorian Bar in response to a letter from Mr Johan Scheffer MLC, Chair of the Parliament of Victoria Law Reform Committee
Civil Justice Review - Bar response to VLRC Exposure Draft
[7 Aug 2007]
The Bar supports the introduction of a statutory overriding purpose of the sort introduced in the Civil Procedure Act 2005 in New South Wales. However, the Bar is opposed to the imposition of statutory overriding obligations of the sort described in the Exposure Draft.
Other matters addressed include pre-action protocols, depositions, alternate dispute resolution and expert evidence.
Victorian Bar submission to Senate Legal and Constitutional Affairs Committee on Australian Citizenship Amendment (Citizenship Testing) Bill 2007
[13 Jul 2007]
The Victorian Bar sees the Bill as fundamentally flawed because the citizenship test for which it provides will be beyond Parliamentary scrutiny, as will whatever eligibility criteria the Minister may require for a person to sit the test. In the Bar's submission, the Bill should not be enacted.
Submission in Response to the Review of the Law on Personal Property Securities
[26 Jun 2007]
Response of the Victorian Bar to the April 2007 Discussion Paper 3, released by the Australian Attorney-General’s Department, which can be found on the Attorney-General’s Department website.
Submission in response to a Sentencing Advisory Council Discussion Paper entitled “Sentence Indication and Specified Sentence Discounts”
[26 Mar 2007]
The Sentencing Advisory Council's Discussion Paper is available on the Council's website.
The Bar Council supports, with provisos, the recommendation that incentives for an early plea of guilty be made more transparent, and the arguments for a pilot sentence indication scheme.
Submission on the proposed Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2007
[20 Feb 2007]
The Bill is an extremely important enunciation of the principle that
non-therapeutic sterilisation of minors, being irreversible and significant
surgery, should only be carried out on vulnerable persons when there is
absolutely no other viable alternative.
Civil Justice Review
[1 Jan 2007]
Bar's response to the Civil Justice Review Consultation Paper released by the Victorian Law Reform Commission in about late September 2006.
A central theme of the Bar’s submission is that more intensive (and in particular, early) case management is a means by which problems of delay and cost could effectively be addressed.
Scrutiny of Acts and Regulations Committee Discrimination in the Law Recommendations and Government Responses – Comments by the Bar
[22 Dec 2006]
In September 2005, the Scrutiny of Acts and Regulations Committee of the Victorian Parliament (“SARC”) released its Final Report, Discrimination in the Law: Inquiry under Section 207 of the Equal Opportunity Act 1995. In March 2006 the Government released its response to the recommendations contained in the SARC Report.
The Bar’s comments on the Report, and on the Government response, were requested by the Department of Justice.
The Bar’s submission, which includes an Explanatory Memorandum, can be downloaded below.
A Review of Australia’s Mutual Assistance Law and Practice
[23 Oct 2006]
Submission of the Victorian Bar in response to the September 2006 Discussion Paper released by the Attorney-General’s Department.
Review of the Office of Master
[31 Aug 2006]
Submission by the Victorian Bar in respect of the Review of the Office of Master and proposal to establish a Taxation Costs Office.
Equal Opportunity (Miscellaneous Amendments) Bill
[3 Aug 2006]
Submission of the Victorian Bar in response to the June 2006 Issues Paper released by the Department Of Justice.
Advocates' Immunity Submission
[9 Jun 2006]
In this joint response to a paper prepared by the Standing Committee of Attorneys-General (SCAG), the LCA and the ABA oppose all three options proposed by SCAG to "modify" advocates' immunity. They do so for the same reason that they opposed the abolition of the immunity in its entirety.
Migration Amendment (Designated Unauthorised Arrivals) Bill 2006
[29 May 2006]
A joint submission of the Public Interest Law Clearing House (Vic) Inc and the Victorian Bar to the Senate Legal and Constitutional Legislation Committee Inquiry into provisions of this Bill.
The thrust of the submission is that the proposed legislation would amount to nothing short of repudiation of Australia’s obligations under the Refugees Convention. It would deny refugees who arrive by sea access to the process in Australia (including merits review by the Refugee Review Tribunal and resort to Australian courts) that is available to refugees who arrive by air. The proposed scheme does not guarantee refugees the right to Refugees Convention protections in Australia.
Document Unavailability in Civil Law Proceedings Proposal for Civil Law Reform
[11 May 2006]
Submission to the Department of Justice, commenting on the current proposal for amending the Evidence Act 1958 in civil litigation proceedings. The amendment is designed to clarify the power of both the courts and VCAT to intervene in civil litigation proceedings where relevant documents are unavailable. The Victorian Bar supports the introduction of the reforms.
Federal Magistrates Amendment (Disability and Death Benefits) Bill 2006
[18 Apr 2006]
The Bar’s principal submission is that it is unjust that Federal Magistrates, alone of all Chapter III judges, are singled out for exclusion from the Judges’ Pensions Act.
Review of Contractual Allocation of Risk and Part IVAA of the Wrongs Act 1958
[7 Mar 2006]
This submission of the Victorian Bar is in response to a discussion paper released by the Department of Justice in December 2005.
County Court appeals
[8 Feb 2006]
This submission on behalf of the Bar and the Criminal Bar Association to the Victorian Parliament's Law Reform Committee urged the Committee to recommend to the Parliament in the strongest terms that the present appeals from the Magistrates’ Court should continue to be hearings de novo.
The submission also urged that serious consideration be given to the appointment of an additional County Court Judge with specialist experience to hear appeals under the Crimes (Family Violence) Act 1987, as well as other matters within the jurisdiction of the County Court.
Terrorism (Community Protection)(Amendment) Bill 2005
[23 Jan 2006]
The Bar submits that the Bill unduly trespasses on rights and freedoms.
Review of the Coroners Act
[23 Dec 2005]
The Victorian Bar takes the opportunity to comment on the Victorian Parliament Law Reform Committee Coroners Act 1985 Discussion Paper April 2005.
The Victorian Bar Submission on its Regulatory Functions Current and Prospective
[11 Nov 2005]
The Bar has lodged a submission with the Legal Services Commissioner and the Legal Services Board to continue its current regulatory functions.
Crimes (Homicide) Bill 2005
[18 Oct 2005]
Letter to the Attorney-General in respect of the Crimes (Homicide) Bill 2005 together with the submission of The Victorian Bar on Infanticide and Diminished Responsibility.
A Commentary on the Defamation Bill 2005 (Vic)
[10 Oct 2005]
Submission of the Victorian Bar
Charter of Human Rights
[25 Jul 2005]
Proposed Increase in the Civil Jurisdiction of the County Court and in the Criminal Jurisdiction of the Magistrates' Court
[22 Jul 2005]
Advocates' Immunity
[27 May 2005]
.