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In Brief Issue #1009
7May
The first week of May 2021 has been an exciting and busy one for members of the Victorian Bar.
Appointment of Victorian Solicitor-General
The week commenced with the announcement of the appointment of Rowena Orr QC as the next Solicitor-General of Victoria, the State’s most senior legal advisor and advocate. Echoing the comments made earlier in the week by the Victorian Bar President, Christopher Blanden QC, the State of Victoria is lucky to have the benefit of Rowena’s exceptional legal talent and experience.
Iftar Dinner
On Tuesday evening, Dr Ian Freckelton QC and Junior Vice-President, Helen Rofe QC, attended the second Iftar Dinner hosted by the Victorian Bar in partnership with the Australian Intercultural Society. Special thanks to the Deputy Chair of the Victorian Bar’s Equality and Diversity Committee, Astrid Haban-Beer, who was instrumental in the success of the evening, which was a sell-out event. I understand an excellent evening was had by all.
Pro Bono Awards
On Wednesday evening, I was delighted to attend the 2021 Victorian Bar Pro Bono Awards ceremony at the Commonwealth Law Courts with the President. The winner of the Victorian Bar Pro Bono Trophy, Matthew Albert, gave an impromptu but truly inspirational speech, acknowledging the tremendous support of his wife, his dedicated instructing solicitors who run their practice from the kitchen table after hours, and his clients. Matthew currently holds close to one hundred pro bono briefs on behalf of Indigenous clients seeking safe and comfortable housing in the Northern Territory. Matthew is a very deserving winner.
Warm congratulations to the all winners:
- Debbie Mortimer S.C. Award – Joel Tito
- Uncle Jim Berg Award – Jason Gullaci
- Daniel Pollak Readers Award – Stephanie Brenker
- Ron Castan AM QC Award – Jim Hartley
- Susan Crennan AC QC Award – Scott Morris
- Ron Merkel QC Award – Haydn Carmichael
- Public Interest/Justice Innovation Award – Michelle Zammit
- Equality Award – Leopold Faust
- Pro Bono Team Excellence Award – Áine Magee QC, Dr Sue McNicol AM QC, Elizabeth Ruddle S.C., Marko Cvjeticanin, Fiona Ryan, Maria Pilipasidis, Barbara Myers, Fiona Spencer, Andrew Sim, Dr Kylie Weston- Scheuber, Mathew Kenneally and Gayann Walker
- Victorian Bar Pro Bono Trophy – Matthew Albert
March 2021 Readers
To round off the week, on Thursday evening the President presided over the Signing Ceremony and attended the celebratory dinner which was held at the Essoign Club. Congratulations to the March 2021 Readers who successfully completed the Readers’ Course and signed the Bar Roll on 6 May 2021. The Honourable Justice David Beach provided plenty of inspiration and encouragement to the newly minted barristers in his address. I wish them every success at the Bar.
Victorian Bar Dinner
The Victorian Bar Dinner is shaping up to be a great night, with table registrations closing prior to the RSVP date. There is currently a waiting list and staff are working hard to determine final table numbers.
Annual flu shots
The Bar is offering members the annual flu vaccination on 25 and 26 May 2021. There are a limited number of appointments available to Bar members from iMedical, and they will be allocated on a first-in, first-served basis. More details about the vaccinations and booking instructions are in the notice below.
Vale The Honourable Peter Heerey AM QC
I note the recent passing of The Honourable Peter Heerey AM QC on 1 May. Peter was an active and highly respected member of the legal profession for many years - Peter was an energic and skilful advocate, a wise, patient and considered Judge and much-admired colleague, friend, and Bar member. More details about Peter’s illustrious career and funeral are here.
Róisín Annesley QC
LSB online is now live for the renewal of your PC. Members must renew before 30 June to continue to practise on 1 July. Members who renew after this date may incur a late renewal surcharge from the LSB+C.
The LPLC portal is now open for the renewal of your PII. The LPLC requires payment of the PII premium by Monday, 31 May 2021 and members are encouraged to renew online on the LPLC website.
Information on renewing practising certificates can be found on the VicBar website here.
Links for online lodgement, which can be found on the above webpage, will be available from the LSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website.
Login to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C or you can contact the Bar office for assistance). LSB Online deals with all PC administrative matters and there is no printed PC renewal form.
Once you have completed the renewal process, you will receive an email from the LSB to confirm that your PC has been issued. You will then be able to download it via LSB Online.
If you experience technical difficulties with LSB online, please contact the VLSB+C via their new lawyer enquiry form in the first instance. In addition, answers to frequently asked questions and LSB online user guides can be found here.
Should you require assistance renewing your PC, the Victorian Bar office can help you and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Susan Lawrence on (03) 9225 7105.
Solicitor-General of Victoria
On Tuesday, 4 May 2021 the Governor in Council appointed Rowena Orr QC as the next Solicitor-General of Victoria. The appointment will be effective on 10 May 2021.
Details of any welcome ceremony will be made available when they are known.
The Victorian Bar is offering members the annual flu vaccination in Owen Dixon Chambers East on 25 and 26 May 2021. Appropriate social distancing will be in place.
Bookings must be made online via the iMedical website. Instructions on how to book are here. You must be logged into the VicBar website to download the instructions.
There are a limited number of appointments available to Bar members from iMedical, and they will be allocated on a first-in, first-served basis.
While the flu shot is obviously not a vaccine against COVID-19, medical advice is that people should have the vaccination to limit the spread of flu symptoms that pose a threat in themselves and could exacerbate the spread and severity of the coronavirus.
If you cannot or do not wish to come into the city, consult your GP or local chemist about receiving the vaccination. The government provides free vaccinations to some individuals.
Please join us on Wednesday, 19 May 2021 for WBA's next Breakfast with the Stars.
Start the day with a warm breakfast and good company as you enjoy an "In conversation" session with special guests Her Honour Justice Michelle Quigley and Marita Foley SC.
This event will commence at 7:30am and conclude at 9:00am.
Tickets are $47 per person and we ask that you register by no later than Wednesday, 12 May 2021.
Click here to register.
We are delighted to report that our Winter Issue of Victorian Bar News (Issue 169) is now ‘in train’.
Whether returning to Chambers, finally engaging in face-to-face appearances in court, or continuing to work from home, the Bar News Committee wants to hear from you.
We are now calling for contributions for our June issue. Please let us know what you are thinking, feeling and doing right now. We are keen for your photos, vignettes, insights and articles on whatever topic suits you. This is your Bar.
Here are some content ideas:
- Court-craft - a learned skill or not? We are looking for war stories, lessons learnt and debate around that most amorphous of concepts!
- The return of face-to-face Bar collegiality: We would love your photos and stories of events around the Bar.
- What have you retained from the 2020 lockdown?
- The return to ‘in-person’ advocacy: having been denied the opportunity for so much of last year, are there aspects of the art of persuasion which have struck you afresh?
- Verbatim: Do you have an amusing exchange available in transcript you would like to share? (If so, please cover off any sensitivities around the matter before submitting).
Please keep your stories and photos flowing. We can’t wait to hear from you!
Our content deadline is Friday, 7 May 2021. Please submit to vbneditors@vicbar.com.au.
You are also most welcome to contact us directly.
Best wishes,
Natalie Hickey, Justin Wheelahan and Annette Charak
The Editors
Want to start getting fit but don’t have the time? Join Melbourne Yoga and Pilates for FREE daily 10 minute Move sessions on Zoom in May comprising flexibility and toning exercises. All fitness levels are welcome so let us show you how easy it is to incorporate fitness into your busy lives.
When? 9:00am Mondays to Fridays
Where? Via Zoom
What else? Dress in comfortable clothing, no equipment needed.
Click here to register.
The Victorian Bar will be hosting two events during Law Week (17 – 23 May 2021):
- Cross-examine a barrister is on Wednesday, 19 May 2021, 1-2:00pm. Here is your chance to hear from a panel of barristers and learn answers to the following questions: What is a barrister? Why do they get to ask the questions? Why do they represent people who are obviously guilty? Are they different from other types of lawyers? Why do they still wear 19th-century costumes? You can submit your questions by emailing communications@vicbar.com.au by Friday, 14 May 2021. Register here.
- Dispute resolution for small businesses is on Thursday, 20 May 20021, 5-6:00pm. The Victorian Commercial Arbitration Scheme (VCAS) provides a fair, quick, flexible and inexpensive method of dispute resolution for small business owners. If parties agree to use VCAS, they can receive a binding decision from a qualified arbitrator within 120 days of the process starting. The VCAS rules let the parties control the process – including the identity of the arbitrator and the place of hearings (online or in your country town or suburb). This webinar will explain how VCAS works – and how it can help you to sort out your disputes and get back to doing business. The panel is headed by Professor Clyde Croft SC, an experienced arbitrator and a former judge of the Supreme Court of Victoria. He will be joined by arbitrators Adam Rollnik and Fiona Cameron. Register here.
Thanks to the barristers and committees who have organised these events on behalf of the Victorian Bar.
Sisters in Crime Australia 15th Law Week event: Witness for the Prosecution: Supporting survivors of sexual assault. YouTube from 6:00pm (AEST), Friday 21 May
Sisters in Crime Australia is again proud to join forces with the Sir Zelman Cowen Centre, Victoria University, to present its 15th Law Week event.
An expert panel – Louise Milligan, Jane Patrick, Michele Williams QC and Rachel Spencer – will discuss the experience of survivors of sexual assault and their journey through the Australian legal system. Too often survivors are re-traumatised by their court trial, equating it to reliving the rape or sexual assault because of the questions they are asked, and the details they are required to give about their appearance, behaviour and past experiences.
Justice is often elusive in these cases. Almost 90% of sexual assault victims in Australia say they are not willing to go through our justice system. Of the cases that do go to court, approximately 10% end in a conviction, allowing most perpetrators to continue in society unhindered and undeterred. Even when survivors do get justice, the process is so bruising that many wish they had never tried.
Join us as the panel discusses how the justice system could be improved in order to minimise the trauma for survivors, ensure perpetrators are brought to justice, and society made safer.
The event is free to watch through YouTube from 6:00pm (AEST) on Friday 21 May. You can also help support the work we do to promote women’s crime writing by donating $10 and go in the draw to win one of three $150 book packs.
The ability to work with expert witnesses is now a requirement for every area of practice. This workshop is a good opportunity to conference with, examine and cross examine expert witnesses in guided simulations. This is a three day workshop and is suitable for barristers at all levels of seniority. Click here to register.
Dates and Times:
Introduction Session 1:
Wednesday, 12 May 2021 (5:00pm – 7:00pm)
Session 2:
Wednesday, 19 May 2021
(5:00 – 7:00pm)
Session 3:
Wednesday, 26 May 2021
(5:00 – 7:30pm)
Speaker(s):
Prof the Hon George Hampel AM QC, Carolyn Sparke QC, Diana Price
When:
Wednesday, 12 May 2021, 5:00pm to Wednesday, 26 May 2021, 7:00pm
Where:
Bar Council Chamber, Owen Dixon Chambers East Level 1, 205 William Street, Melbourne, VIC, 3000
6 CPD point(s) in Barristers Skills
Price:
$350.00
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.
- Lawyers Mediation Certificate Course 2021 – Mediation is an essential part of the justice system, with 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 here.
- The Bench and the Bar: a candid conversation about mental health in the wake of Covid is on Tuesday, 11 May, 5:15-6:15pm. This seminar is less of a seminar and more of a candid conversation between the Bench and the Bar about wellbeing: concerns, questions, ideas. Nothing is taboo. And there will be no recording. It is a confidential collegiate conversation. This event is in-person only. Click here to register.
- Proportionate Liability and the Primacy of Contract in Risk Allocation in Commercial Cases is on Tuesday, 18 May, 5:15-6:15pm. This CPD session will review the role of proportionate liability in civil litigation, and the Court of Appeal judgment in the Lacrosse Appeals (Tanah Merah Vic Pty Ltd v Owners' Corporation No 1 of PS631436T [2021] VSCA 72) will also be discussed. This event is in-person only. Click here to register.
- Travelex and Auctus: Recent decisions of the High Court and Full Federal Court is on Thursday, 20 May, 5:15-6:15pm. In this CPD, the speaker will explain the recent decisions of the High Court and Full Federal Court of Australia and their impacts. This event is in-person only. Click here to register.
For more upcoming CPD events, please visit our listings here.
The LGBTIQ Working Group has recently established a WhatsApp Group for LGBTIQ members of the Victorian Bar to offer each other support, social connection, sharing of information or resources, and general discussion of various issues. If you would like to join this Group, the link to the Group is available at the bottom the Equality & Diversity section of the VicBar Members’ section.
Studio 11 - Always worth a look, now hosts an eclectic, earthy JACK MACK solo exhibition for your viewing pleasure at level 11 East. Why not take a break and enjoy the 40 works (photography and sculpture) by local artist Jackie Mackinnon. The exhibition runs from Monday, 26 April to Friday, 25 June 2021. As always, works are for sale, commission-free. Worksheets are on the floor.
Dear Essoign Club Members,
We are open daily from 7:00am till late.
Breakfast – See our Breakfast Menu here for dine-in or takeaway.
Lunch – Daily Café Menu takeaway or delivery.
Lunch dine-in – See our A La Carte Menu here for dining in.
Bar – Open till late with light snacks available.
Catering & Events – Special lunches, working lunches, private dinners or something special you may have in mind. Please email us at essoign@vicbar.com.au.
We appreciate your ongoing support and look forward to seeing you in the Club.
Following the successful launch of the Lighthouse Project in the Adelaide, Brisbane and Parramatta registries, the Court issues a monthly newsletter, which aims to assist, inform and provide updates to the profession about the Project.
The April 2021 edition - available here - highlights the specialised Court list known as the Evatt List. The newsletter reflects on the importance of family safety and the early identification of risk, provides frequently asked questions regarding the Evatt List, and focuses on a recent matter that has benefited from being placed on the Evatt List.
We would also welcome any feedback or questions you may have on the Project, and they can be sent to these emails: LighthouseProject@familycourt.gov.au or LighthouseProject@federalcircuitcourt.gov.au.
Supreme Court of Victoria and County Court of Victoria
On Tuesday, 4 May 2021 the Supreme and County Courts issued a joint update on regional criminal jury trials. A County Court jury will be empanelled in Geelong this week, marking the first criminal trial in regional Victoria since the suspension of criminal jury trials as a result of the COVID-19 pandemic. This will be followed mid-May by the first Supreme Court criminal jury trial in Geelong. Other dates and locations will follow.
You can access the statement here.
All Courts
For up-to-date information about the Courts’ responses, please visit their websites:
The Supreme Court of Victoria’s award-winning podcast, Gertie’s Law, returns with a new season.
In December 2020, the Court released a special episode, ‘Court in a Pandemic’, taking listeners inside the virtual courtrooms during the COVID-19 coronavirus pandemic.
Season two is now complete and features, for the first time, interviews with the barristers and solicitors who occupy an unexplored area of the Court: the Bar table.
Read more about Gertie's Law and listen to the podcast here.
The National Brief #3
President Matthew Howard SC outlines how the Australian Bar Association is responding to the last month’s reports in Victoria and South Australia about sexual harassment in the profession, and describes plans for RE-EMERGE 2021 – the ABA’s National Conference in September. Read more here.
ABA Podcast #2
In this second ABA podcast, ABA President Matthew Howard SC and Kate Eastman SC, Chair of the ABA Diversity & Inclusion Committee, speak with Rachel Doyle QC, Barrister at the Victorian Bar, about her book "Power and Consent" – what prompted her to write it, how to combat sexual harassment at the Bar and in the legal profession, and some practical “red flags” indicative of when an advance may be unwelcome. You can listen to the podcast here.
The Criminal Charge Book has been updated to include new statutory murder and sexual offence directions.
Updates include:
- Statutory murder (Crimes Act 1958 s 3A) - new charge and commentary
- Assault with intent to commit a sexual offence - new charge and commentary
- Witness support dogs - updated commentary to reflect latest practices, and
- Failure to challenge evidence - updated commentary on when the prosecution fails to challenge exculpatory evidence.
Access the Criminal Charge Book here.
Reinforce your argument with authoritative legal resources available to you 24/7 at the Richard Griffith Library and the Digital Bar Library.
Collections are curated by law librarians who can also assist you with case research, database selection and research strategies.
Find out more at lawlibrary.vic.gov.au.
In a full program over three days, Re-emerge 2021 will bring together leaders from the judiciary, the Bar, the profession, politics and the media, from across Australia and internationally, to discuss topics.
Read more here.
Book Launch - The UN Commission on Human Rights: 'a Very Great Enterprise’
On Tuesday, 18 May 2021, Dr John Pace, former Secretary to the Commission on Human Rights, will speak on the seminar topic ‘Has the UN Human Rights Council lived up to the promise? Is it time to move on?’ When the General Assembly established the Human Rights Council in 2006, it asked for a review of its ‘work and functioning’ five years after its establishment. The will to elevate the Council to a Principal Organ of the UN did not materialise by 2011; in 2011 the Council put off that decision by another 10 to 15 years. The Council should review its status between now and 2026. How should we rethink the way the Human Rights Council functions?
Find out more and register here.
Event: Charting a better recovery
This online webinar on Thursday, 20 May 2021, is a partnership between the Castan Centre and the Human Rights Law Centre. The twin crises of the COVID-19 pandemic, and the first economic recession in 30 years, have highlighted and deepened many of the cracks in our community, and shown the fragility of many things we take for granted. In tough times, many are struggling to make ends meet, keep a roof over their heads, and ensure they can access services like health care and education. Hear from an expert panel who are working to find solutions to these major legal and social issues.
Find out more and register here.
The Australian Law Reform Commission invites you to attend two upcoming webinars.
These free, interactive webinars presented in partnership with Wolters Kluwer CCH Learning are part of the ALRC’s current inquiry into the potential simplification of corporate and financial services regulation in Australia.
The Regulatory Ecosystem for Financial Services in Australia
Monday, 17 May 2021 at 1:00pm AEST
Can Australian financial services regulation be simplified?
Join the ALRC to explore the initial findings of its current inquiry.
This 90-minute webinar will explore the ALRC’s preliminary findings on the regulatory framework for corporations and financial services in Australia.
Click here to find out more and register.
Webinar: Comparative Perspectives on Financial Services Regulation
Monday, 24 May 2021 at 5:00pm AEST
Join a panel of international experts to compare approaches to the design of financial services regulation across different jurisdictions.
In line with the initial focus of the ALRC’s inquiry, this 90-minute webinar will include a discussion of how key terms and concepts, such as financial products and services, are defined and delineated for the purposes of corporate and financial services regulation in different jurisdictions.
Click here to find out more and register.
UNCITRAL National Coordination Committee for Australia invite you to join us for an online seminar on electronic commerce from 4:00pm (AEST) on Thursday, 20 May 2021. The live, interactive webinar will be chaired by Federal Court of Australia Justice the Honourable Katrina Banks-Smith and will include a keynote address from Senator the Honourable Amanda Stoker. The panel session will include Deputy Premier of South Australia, the Honourable Vicki Chapman MP, as well as presentations from prominent speakers in legal practice, academia and UNCITRAL in the relation to Australian law and international regulation of electronic commerce. For more details including registration and a list of speakers, see the flyer here.
Expressions of interest (EOIs) are now open for consideration of appointments to the Administrative Appeals Tribunal (AAT).
The AAT conducts independent merits review of administrative decisions made under Commonwealth laws. They review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws.
EOIs for appointment as a Senior Member in a Deputy Division Head role close at 11:59pm (AEST) on Sunday, 16 May 2021. EOIs for appointment as Deputy President, Senior Member or Member will be accepted on an ongoing basis over a 12-month period or until a new call is advertised.
If you expressed interest in 2019, you will need to submit a new EOI if you wish to be considered again.
Find out more about the AAT and how to apply by visiting our website. An advertisement has also been placed on the APS Employment Gazette.
The Common Law Division of the Supreme Court of Victoria is seeking a legally qualified individual to join a specialised team of lawyers and registry officers providing end-to-end case management support to the Division's specialist lists and judiciary.
Working principally with proceedings in the Personal Injury, Institutional Liability, Dust Diseases and Civil Circuit Lists, the successful applicant will manage matters under the supervision of judicial officers, Deputy Registrar and Senior Lawyer responsible for these Lists. The role includes a range of legal and operational responsibilities centred around the preparation of matters listed for directions and interlocutory applications. It requires excellent legal research, teamwork and organisational skills, and a high degree of initiative and self-direction.
The successful candidate will have significant demonstrated experience and interest in civil matters, in particular those involving personal injury litigation.
Click here for more information and to apply.
Planning Panels are established under the Planning and Environment Act 1987 (PE Act) and Environment Effects Act 1978 to facilitate public participation in the planning and environment decision making process through the consideration of submissions, conduct of hearings and preparation of reports. Planning Panels are advisory, with the final decision made by the responsible statutory body or Minister for Planning. Planning Panels Victoria requires legal assistance on specific matters or as Counsel assisting on major projects including Panels, Advisory Committees and EES Inquiries. PPV maintains a Legal Services List comprising Members of the Victorian Bar, appointed for two-year terms, from which to engage Counsel.
Expressions of interest for appointment to PPV's Legal Services List are invited. Applicants must have a thorough understanding of the PE Act and demonstrated experience appearing before Panels, Advisory Committees and EES Inquiries.
Read more here.
Learn about Planning Panels Victoria here.
Matters considered by Planning Panels Victoria are listed here.
The Australian Institute of Family Studies (AIFS) has been commissioned by Australia’s National Research Organisation for Women’s Safety (ANROWS) to undertake research in relation to the compliance with and enforcement of family law parenting orders. The research will involve multiple studies, including a survey of legal and non-legal family law system professionals.
You are invited to take part in this survey if you are a legal professional (including judicial officers, barristers and solicitors) or non-legal professional (including: FDR practitioners and professionals working in post-separation support services, including parenting order programs and family violence sector professionals).
Please click on the link here if you would like to take part in this important study, or if you would like more information on the research, click here.
The Australian Academy of Law is pleased to announce the offering of its Annual Essay Prize for 2021.
This year, eligibility to submit an essay is broadened by reverting to the original entry rules as below.
The Prize is open to anyone, wherever resident, who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law-based occupation. There is no limit by reference to the age or seniority or experience of, or position held by, a person who may submit an entry. Accordingly, judicial officers, legal practitioners, legal academics and law students are all eligible to submit an essay.
The Prize amount is $10,000.
The essay topic for the Prize in 2021 is as follows:
- “Outstanding fundamental issues for First Nations Peoples in Australia: what can lawyers contribute to the current debates and their resolution? Note: 'Outstanding fundamental issues' may include, but are not limited to, constitutional recognition, treaty or bijuralism.”
The deadline for the submission of an essay is Tuesday, 31 August 2021 and this time limit is strictly observed, as the Rules Governing the Annual Essay Prize make clear.
Please find attached the Essay Cover Page with further instructions on how to submit an essay.
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, 13th May 2021