In Brief Issue #1000

Please consider nominating colleagues who made an outstanding contribution representing parties on a pro bono basis in 2019-2020 for the Victorian Bar Pro Bono Awards. 

The nomination form here contains more information about the Awards and categories. Nominations close Wednesday, 31 March 2021.

The Awards ceremony is on Wednesday, 5 May 2021 at the Commonwealth Law Courts. We are delighted to announce that the Honourable Chief Justice Will Alstergren will be guest of honour.

The Open Justice Project is a collaboration between Monash University and the Victorian Bar to provide Monash University law students with an opportunity to assist barristers working on pro bono matters. The Patron of the Project is the Honourable Chris Maxwell, President of the Court of Appeal.

The Open Justice pilot project will be launched by the Victorian Bar and Monash University on Wednesday, 24 March. We encourage all barristers who work on pro bono matters to come to the launch in order to learn more about the Project, including to meet the students selected to take part.

When:

Wednesday, 24 March 2021, 5–6:30 pm

Where:

Neil McPhee room, Level 1 ODCE.

Keynote Speakers:

• The Hon. Chris Maxwell, President of the Court of Appeal
• Bryan Horrigan, Dean, Monash University Faculty of Law
• Dr Laura Hilly, Victorian Bar (Chair)

Register here.

Law Week is scheduled for Monday, 17 May to Sunday, 23 May 2021.

The Victoria Law Foundation is now accepting proposals for events.

The Victorian Bar is a sponsor of Law Week and we are seeking members interested in hosting an event during Law Week.

If you have a great idea for an event that will improve the Victorian community’s understanding of the law or the legal system, let us know by emailing VicBar Office at communications@vicbar.com.au.

Colin Lovitt QC was the driving force behind the Criminal Bar Association and the Essoign Club for many years. To celebrate and commemorate his contribution to both, the CBA and the Essoign Club Committee will jointly host a function at the Essoign Club from 5:00pm on 11 March 2021. All CBA members are encouraged to attend. Drinks will be available at bar prices and finger food will be provided.  

Please RSVP to Sally Flynn QC at sallyflynn@vicbar.com.au.

The Courts released a statement on Tuesday, 23 February 2021, regarding the Federal Circuit and Family Court of Australia Act 2020 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020, which have passed and await Royal Assent.

The new Acts will create an amalgamated Federal Circuit and Family Court of Australia (FCFCA) with two Divisions: one which will include judges of the Family Court of Australia dealing with the most complex matters and exercising appellate jurisdiction, the other consisting of judges of the Federal Circuit Court of Australia, which will be the single point of entry for family law and child support cases.

The full statement is here.

With the Lighthouse Project Pilot now well underway, the Court calls upon the profession to familiarise themselves with this important project and communicate the process and benefits with their clients. Please refer to the update and FAQs released by the Court here.

The Supreme Court was required to close its offices at 436 Lonsdale Street on Friday, 26 February 2021, after the building’s owner identified that essential fire safety work needed to be carried out. The issues identified did not pose a health risk to anyone who attended or worked at the building before Friday’s closure.

This work is likely to take at least six months.

The Supreme Court occupies six floors of the building, containing eight courtrooms used for commercial and common law matters, mediation rooms, registries, chambers, and administrative areas. 

The Court has put in place measures to minimise disruption to hearings and services. COVID-safe criminal jury trials are not affected.

For more information about new arrangements relating to registry appointments and daily lists, please click here.

Victorian Courts

For up-to-date information about the Courts’ responses, please visit their websites:

• Federal Court of Australia – see here.
• Family Court of Australia – see here.
• Federal Circuit Court of Australia – see here.
• Supreme Court of Victoria – see here.
• County Court of Victoria – see here.
• Magistrates’ Court of Victoria – see here.

County Court of Victoria

Based on current health and safety advice and until further notice, from Monday, 1 March 2021, the mask setting for criminal jury trials in the County Court will be ‘Setting 2’. This means those in speaking roles (such as judges, counsel and witnesses) are not required to wear masks in courtrooms. All others are required to wear masks in courtrooms.

The full parameters of ‘setting 2’ are outlined in paragraphs 3.39—3.50 of Recommencement of Melbourne jury trials – guide for the profession and court users.

The AIFS Family Law and Family Violence Research Team is currently undertaking the Compliance with and Enforcement of Family Law Parenting Orders Project.

An online Survey of Professionals for this project is now available. This survey is targeted at family law system professionals and aims to understand their experiences and views about the parenting order enforcement regime. Overall, this project will support a greater understanding of the following key issues:

• The factors associated with compliance and non-compliance with parenting orders
• The circumstances in which the contravention regime is applied and the patterns in court outcomes when it is applied
• The extent to which penalties effectively reduce non-compliance and where there are ongoing concerns about family violence, whether they deter contraventions or inhibit parties in seeking court protection.

More information about the project is available here.

You are invited to take part in this survey if you are a legal professional (including judicial officers, barristers and solicitors) and non-legal professionals, including FDR practitioners and professionals working in post-separation support services, including parenting order programs and family violence sector professionals. The survey can be saved and resumed at any time.

Please click on the link below if you would like to take part in this important study, or if you would like more information on the research:  Compliance with and Enforcement of Family Law Parenting Orders: Information sheet for surveys of family law system professionals (aifs.gov.au)

The Legal Services Council has released its Annual Report of the Legal Services Council and the Commissioner for Uniform Legal Services Regulation, which is available here.

Reports from previous years are also available on the LSC website.

The Melbourne Catholic Lawyers’ Association invites members of the Bar to its half-day retreat on Sunday, 14 March 2021, at St. Mary’s Catholic Church, 91 Manning Road, Malvern East.

Fr Peter Fitzsimons, a legal academic who has also practised in commercial, corporate and competition law in NSW and New Zealand, is leading the retreat. 

The retreat program can be found at www.catholiclawyers.com.au.

Click here to book.

The series is jointly organised by LAWASIA, the Commonwealth Lawyers Association, Law Council of Australia, and the South Pacific Lawyers Association. Registration is complimentary, and LAWASIA members, friends and supporters are encouraged to attend the final webinar:

• The Role of Law Associations in Promoting the Rule of Law (Law Council of Australia)is on Thursday, 11 March 2021 at 4:30–6:00pm AEST. Learn more and register here.

More information about the series is here.