In Brief Issue #1015

Members must renew their PC 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 deadline for renewing your PII premium was 31 May 2021 and if you have not already done so, please renew online here.

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 Mark Bryant on (03) 9225 7111.

The Supreme Court of Victoria announced that applications for Senior Counsel for 2021 opened at 9:00am on Thursday, 27 May 2021 and will close at 5:00pm on Friday, 18 June 2021.

Information for members considering applying for silk includes:

• A message from the Chief Justice of Victoria to Applicants for Senior Counsel; and
• A summary of instructions and information on the application process.

If you have any questions about the application process, including how to fill in your application form or if you would like to have a confidential discussion about making an application, please send an email to silk@vicbar.com.au.

Federal Court of Australia

The Governor-General in Council has appointed Helen Rofe QC as a judge of the Federal Court of Australia in the Victorian registry, commencing on 12 July 2021.

Details of the welcome ceremony will be advised when they become known.

Order of Australia

The Bar congratulates the following members of our Bar who received awards in the Order of Australia:

OFFICER (AO) IN THE GENERAL DIVISION

The Honourable Patricia Anne Bergin AO SC

Dr Ian Richard Freckelton AO QC

MEMBER IN THE GENERAL DIVISION (AM)

Her Honour Judge Felicity Pia Hampel AM

The Honourable David James Porter AM

His Honour Ian Leslie Gray AM

MEMBER IN THE MILITARY DIVISION

Australian Army

Brigadier Douglas W Laidlaw AM CSC

MEDAL IN THE GENERAL DIVISION (OAM)

Mr Michael John Sweeney OAM

We also congratulate all members of the legal profession who have received awards.

Applications are now open for the Indigenous Law Students clerkship at the Victorian Bar. 

This clerkship program is run by the VicBar Indigenous Justice Committee.

We would like to encourage all Aboriginal and Torres Strait Islander law students to apply. 

Information about the program is here. Applications close Wednesday, 30 June 2021. 

Any enquiries about this application procedure and selection criteria or the clerkship generally may be made to Tim Goodwin or Anne Sheehan, members of the Bar’s Indigenous Justice Committee:

Tim.Goodwin@vicbar.com.au or 03 9225 6323
amsheehan@vicbar.com.au or 03 9225 7333.

The Disability & Accessibility Working Group of the Equality & Diversity Committee has recently prepared a Statement of Principles on Disability.  The Statement reflects the Victorian Bar’s commitment to ensuring that barristers and lawyers who wish to practise as barristers are able to do so on an equal basis with others by removing barriers to their participation and advancement in the profession. 

The Statement is available on the Barristers with a Disability section of the Bar’s Equality & Diversity webpage.  For further information, please contact the Co-Chairs of the Disability & Accessibility Working Group, Malcolm Harding S.C. or Carl Möller. 

legalsuper is the industry super fund dedicated to Australia’s legal sector.

The Victorian Bar and legalsuper have shared goals of supporting the success of the Victorian legal community. Together, the Victorian Bar and legalsuper are proud to offer members complimentary, tailored support.

Book an appointment to discuss all things superannuation

This financial year has been a year like no other, so your super and EOFY affairs may need some extra attention.

To help ensure Bar members are:

• optimising their retirement outcomes
• maximising the available tax benefits, and
• you’re well-informed regarding the 1 July 2021 changes, legalsuper is here to help.

2020-21 superannuation contributions and claiming a tax deduction for 2019-20

The end of the financial year is fast approaching. You can make a super contribution into your legalsuper account and potentially claim a tax deduction for the 2020/21 tax year. There are 4 ways you can contribute however your payment must be received by legalsuper before close of business on 30 June 2021.

1. Cheque (recommend you post it prior to 23 June 2021)
2. BPAY (recommended no later than 28 June 2021)
3. EFT (recommended no later than 28 June 2021), and
4. Real Time Gross Settlement (RTGS) - emergency - last minute (your bank will likely charge for this).

Due to restrictions, legalsuper’s William Street office is currently closed.

Reminder: to claim a tax deduction for your 2019/20 super contributions you must submit a Notice of Intent to Claim form to your super fund by no later than Wednesday, 30 June 2021.

Whether you are a legalsuper member or not, members of the Victorian Bar can book an EOFY consultation with local legalsuper experts, Ly Holian or Benjamin Fernandes.

Be prepared for new legislation effective from 1 July 2021.

Contribution caps are increasing

The concessional (before-tax) contributions cap increases from $25,000 to $27,500 per year.
The non-concessional (after-tax) contributions cap increases from $100,000 to $110,000 per year.

The Transfer Balance Cap is increasing to $1,700,000

The transfer balance cap is the maximum total amount of superannuation that can be transferred into the retirement phase. On the 1^st of July 2021, the general transfer balance cap will increase from $1.6 million to $1.7 million.

To demystify super jargon and understand what’s relevant to your personal circumstances, book your complimentary EOFY consultation with Ly or Benjamin:

• Ly Holian | Client Service Manager | 0448 558 668 | lholian@legalsuper.com.au
• Benjamin Fernandes | Client Service Manager | 0475 999 133 | bfernandes@legalsuper.com.au

Dear Essoign Club Members,

We are open daily from 7:00am – till late

Breakfast - for dine-in or takeaway.

Lunch – Daily Café Menu for dine-in or take away.

Lunch Dine-In - see our A La Carte Menu here for dining in.

Bar – is open till late with light snacks available.

Catering & Events - Special lunches, working lunches, private dinners or something special you may have in mind. Email us at essoign@vicbar.com.au

We appreciate your ongoing support and look forward to seeing you in the Club.

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 to Friday, 25 June 2021. As always, works are for sale, commission-free. Worksheets are on the floor.

The Victorian Government has announced the easing of restrictions for Melbourne and regional Victoria. For more information on how restrictions will apply to Victorians, please click here.

Court updates

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.

The Australian Bar Association joins the Law Council of Australia and the New Zealand Law Society | Te Kāhui Ture o Aotearoa in supporting the independence of the judiciary in Samoa and urges all parties to respect and support the rule of law in the country.

The Samoan judiciary has faced criticism for exercising its constitutional role in considering matters arising out of the country’s general elections held on 9 April 2021.

Matthew Howard SC, President of the Australian Bar Association said, “It is the role of the courts to resolve constitutional matters independently and in accordance with the law.”

“The independence of the judiciary is fundamental to upholding the rule of law and maintaining the integrity of the democratic process. The ABA supports the Samoan judiciary in exercising its vital role in resolving the current issue,” he added.

As you may be aware the County Court Integrated Services Program (CISP) Pilot went live on Monday 11 January 2021.

In that regard, we have made some changes to our website and processes.

Please see below general information with regards to the CISP Pilot at the County Court for your perusal.

Eligibility

Referred persons are assessed for risk of re-offending and provided clear information about how CISP can support their needs and access to treatment. The assessment process is designed to meet the needs of both the participant and the Court. In order to be eligible for CISP, referred persons must:

• not currently be sentenced to a parole or community corrections order
• be eligible for bail or a relevant deferral of sentencing
• have substantive matters committed to the Melbourne County Court
• reside, or intend to reside, in the greater Melbourne metropolitan catchment
• consent to be involved with CISP
• be experiencing one or more of the following:
  • mental health issues
  • disability, acquired brain injury or cognitive impairment
  • substance dependence or otherwise harmful use
  • family violence
  • inadequate social, family and economic support that contributes to the frequency or severity of their offending
  • homelessness
  • other relevant clinical support need.

Exclusions

People accused of sex offences are ineligible for County Court CISP.

If a person's support needs are so significant that they may reasonably be unable to comply with the program requirements, then a recommendation is made to the Court around the most appropriate treatment and support pathway.

Referrer Guide

A copy of our new referrer guide can be accessed via our website here.

The document outlines elements of the CISP Pilot for people who are self-referring or referring another person to the program. This includes requirements for accessing the program, reports, pathways for referrals, review hearings, and program staff.

General Overview of CISP process

1. Eligibility triage
   A brief check of the referral information against eligibility criteria is conducted by CISP staff. Anyone considering making a referral is encouraged to contact us for an eligibility triage at the earliest opportunity.
    
2. CISP Assessment
   An assessment is scheduled for eligible persons and that arrangement is communicated to the Court and to defence by email from the CCV CISP inbox.
    
3. CISP Suitability Report
   The assessment is conducted by CISP staff and a report on the suitability of the referred person for the program is written by the assessing CISP staff member. That report is made available to all parties by email via CCV CISP inbox. The Court expects these reports to be submitted 24-48 hours prior to the next Court hearing.
    
4. Acceptance onto CISP Pilot
   A decision is made by the Judge at the next Court hearing to offer, postpone offering, or decline the referred person entry into the CISP program.
    
5. CISP Review Hearings
   Where the referred person takes up an offer to engage the CISP program, the presiding Judicial Officer will take carriage of ongoing CISP review hearings and determine the frequency of those hearings. These generally occur monthly. CISP case management commences from this point onwards.

Associates take carriage of ongoing communication and notices of listings to all parties.

How a referral can be made:

●   Legal Practitioners: wishing to make a referral to CCV CISP must submit a CISP referral form together with all supporting documentation via the County Court of Victoria eLodgment Platform: https://elodge.courts.vic.gov.au
Important note: all documents must be filed under “CCV CISP Application Form" and “ CCV CISP Supporting Documents”

●   For self-referrals: please contact: CCVCISP@courts.vic.gov.au or (03) 8636 6820

Examples of CISP supporting documents we require are as follows:

• Priors, summaries and charges (including any interstate police records if applicable).
• LEAP records.
• Police Informant details.
• Document relating to Mental Health e.g. psychiatric reports or assessments (if relevant).
• Copies of current Intervention Orders.

Examples of useful information to include in the CISP referral form:

• Client’s intended bail address; and
• Details about why this referral has been made, for example:
  • Does the individual have any formal supports currently in place (i.e. mental health, AOD, NDIS, DHHS Disability Justice, family). Please list contact details.
  • Has the individual ever been charged with sex offences?
  • Does the individual have any sex offence charges pending?
  • Are there any concerns related to individual, worker or community safety? Please explain.

A copy of our CISP referral form can be found via our website and we invite you to peruse our updated site here.

Sentencing Sex Offences in Victoria: An Analysis of Three Sentencing Reforms

This free 30-minute lunchtime webinar will launch and provide a summary of key findings of new research into the sentencing of sex offences in Victoria. Have multiple attempts by Parliament and the courts to increase the rate and length of prison sentences been effective? Police and court data are analysed to reveal the prevalence and trends in the sentencing of sex offences in Victoria over the 10 years to 2019. Tuesday 22 June, 1:15pm to 1:45pm. 

Click here to register.

Report Launch and presentation of key findings – Threat Offences in Victoria: Sentencing Outcomes and Reoffending

Monday, 28 June, 2021, 1:15pm to 1:45pm.

Threat offences, such as threats to kill or seriously injure another person are common and serious crimes, and are risk factors for family violence. This research analyses police and court data to provide the first detailed insights how these offences and being sentenced, and what prior, concurrent and future offending is associated with them.

Click here to register.

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 participate in important discussions about what we must do to re-emerge energised, innovative and stronger than before.

RE-EMERGE 2021

The Australian Bar after COVID19: Energised, Innovative, Enduring.

The event will be held in Melbourne from 16 to 18 September 2021.

Read more here.

The Law Institute of Victoria (LIV) is excited to take our Careers Week digital this year. This will enable us to reach out to more attendees than ever before and also give our regional LIV Young Lawyers members a chance to participate.

Careers Week will take place between Monday, 28 June to Friday, 2 July 2021 and consists of eight sessions centered around the theme – a degree in the law can lead you to careers both within and outside of the courtroom.

Our Careers Week has been designed to help students, graduates and recently admitted lawyers build networking and professional development skills relevant to the modern workforce.

More information about the week, including sessions and speakers can be found our website here.

Melbourne Law School invites you to attend the 2021 James Merralls Visiting Fellowship in Law lecture on the topic Digital finance, COVID-19 and existential sustainability crises: building better financial systems, presented by Professor Douglas W. Arner, Kerry Holdings Professor in Law, University of Hong Kong.

The details of the event are as follows:

• Wednesday, 30 June 2021
• 6 – 7:00pm AEST
• Webinar – Zoom (link provided upon registration)

Full event details and registration here.

The 21st Century Berle & Means Corporation: A Revolution in Retail Investing

In the early 20th Century, Professors Berle & Means outlined the view of a corporate governance framework that conceived of shareholders as widely diffused, disinterested and vulnerable. This traditional model is under increasing pressure in the 21st Century.

In this Centre for Commercial Law and Regulatory Studies event on Friday, 9 July 2021, which includes a panel of leading national and international scholars, will explore the developments in corporate governance from the Berle & Means framework, to the rise of institutional investors, to the more recent force of individual retail investors.

Register here.

Anti-Vilification & Hate Speech Law in Australia and New Zealand

Although anti-vilification laws exist in most democracies, they remain controversial. Do these laws illegitimately restrict free speech? What purposes do they serve, and what harms do they target? Do they appropriately balance competing interests?

In Australia, vilification laws in Victoria, New South Wales and the Commonwealth have been reviewed by parliamentary committees in the last four years. In New Zealand, changes to vilification laws are proposed in response to recent hate crimes.

This panel discussion on Wednesday 7 July 2021 brings together vilification law experts from Australia and New Zealand to discuss these complex and important issues.

A collaboration between the Castan Centre and the University of Auckland Centre for Human Rights Law, this panel will provide an update on recent developments in these two jurisdictions, and provide a framework for understanding the nature and purpose of anti-vilification laws.

Register here.

Castan Centre – Human Rights Law Conference

Gender inequality persists and women’s voices must be heard.  Under a human rights-based approach homelessness can and must be ended. Charters of rights have proved themselves in Victoria and other jurisdictions and can and must be implemented at the federal level.

The purpose of this conference being hosted on Friday 23 July by webinar is to focus attention on these critical human rights issues of contemporary Australia with outstanding speakers and moderators who are experts in their field and rapporteurs to sum up the discussion. Speakers include:

• Kristen Hilton, Former Victorian Equal Opportunity and Human Rights Commissioner
• June Oscar AO, Aboriginal and Torres Strait Islander Social Justice Commissioner
• Emeritus Professor Rosalind Croucher AM, President, Australian Human Rights Commission
• Leilani Farha, Global Director of The Shift, Former United Nations Special Rapporteur on Adequate Housing

Register here.

The Conference invites discussion and debate on the many-faceted 'edges' of administrative law. It seeks to examine a number of themes and contemporary challenges in administrative law, including the nature of any 'boundary lines' of administrative law, the scope to challenge automated 'decision-making'.

The current state of judicial review, the scope to challenge the exercise of non-statutory executive power and whether the performance of government functions that are 'outsourced' is outside administrative law bounds.

Thursday, 22 July 2021 & Friday, 23 July 2021
RACV City Club, 501 Bourke Street, Melbourne

Conference Dinner – 6:15pm for 7:00pm start on Thursday, 22 July 2021 | Hotel Windsor, 111 Spring Street, Melbourne

All enquiries should be directed to: AIAL National Secretariat by phone on 02 6290 1505 or email at aial@commercemgt.com.au.

Register here.