In Brief Issue #1032

15Oct
Christopher Blanden QC
President

This week saw the establishment of a referral scheme for pro bono assistance to help unrepresented litigants involved in family law proceedings. It is a joint initiative of the Federal Circuit and Family Court of Australia and the Victorian Bar.

My thanks to Chief Justice the Hon Will Alstergren and to Meredith Schilling, Don Farrands QC, Leslie Glick QC and Nicholas Kanarev who have been instrumental in the introduction of the scheme.

More information is available on the Courts' website here.

On Monday I was delighted to congratulate their Honours Judge Jonathan Forbes and Judge Catherine Symons on their appointments as Judges of the Federal Circuit Court. Although both had been sitting since mid-year, their welcomes had been delayed because of Covid restrictions. The welcomes were conducted jointly and by video link. As I was also representing the Australian Bar Association, that presented the unique challenge of welcoming two judges on behalf of two organisations in one speech. We wish their Honours well in their judicial careers.

Recently I wrote to the Attorney-General suggesting that a roadmap for the re-opening of our court system may be appropriate, given that the administration of justice was absent from the wider document with which we are all familiar. Happily, the Attorney-General has agreed to meet with me next week and I will report progress in due course.

The Honourable Chief Justice Anne Ferguson has indicated that the Supreme Court is proposing to recommence jury trials in criminal matters on 26 October, subject to a full suite of measures to protect against Covid. All other matters are likely to remain as remote hearings for the time being.

Christopher Blanden QC

Vicbar News & Events
Nominations for the 2021-2022 Bar Council election

Members are reminded that nominations for election to the 2021/2022 Bar Council close at 5:00pm, Thursday 21 October 2021.

Nominations must be received by the Statutory Secretary on or before 5:00pm, Thursday 21 October 2021 by email to ed@vicbar.com.au.

Please find attached Candidate nomination form and Nominator form.

Nominations received out of time or in hard copy cannot be accepted.

Notice of Annual General Meetings ­of Victorian Bar Inc, and Barristers’ Benevolent Association of Victoria

The Annual General Meetings of Victorian Bar Inc, and Barristers’ Benevolent Association of Victoria will be held on Monday, 25 October 2021 at 5:00pm via Zoom. Previously, members were sent an invitation containing the agenda for each meeting and a link to register their attendance. Those who register will be sent a Zoom link to the meeting by email following registration.  Registrations close at 4:30pm on Monday, 25 October 2021.

What makes your life better? Could it be useful to your colleagues?

Do you have a resource that helps you manage stress effectively?  Or a helpful app for dealing with insomnia? Or an online exercise class you’d recommend to colleagues?  

The Health and Wellbeing Committee would like to include resources on the Health and Wellbeing Portal that have been tried, tested and recommended by members. If you have any helpful resources please email them to sallyflynn@vicbar.com.au        

Personal stories of challenges and strategies – anonymous or identified   

The Health and Wellbeing Committee would like to include personal stories on the Health and Wellbeing Portal. In the UK, the Bar’s wellbeing portal includes barristers and a judge sharing stories related to health and wellbeing at the Bar – either on an anonymous or identified basis.

For example, the UK website has one barrister who speaks about practising with depression, and another who reflects on the impact of vicarious trauma.

The Committee would like to include personal stories on the Portal so members can hear how others have managed the important issues we all face. If you are interested in sharing your story – either anonymously or identified – please email sallyflynn@vicbar.com.au.     

BCL - ​​​​​​​Staying COVIDSafe at BCL: Swipe access required effective Monday 11 October

As we have throughout the pandemic, Barristers’ Chambers Limited and The Victorian Bar remain focused on safeguarding the health, safety and wellbeing of the Bar, our people, our contractors and the community.

All buildings and a large proportion of individual floors remain on restricted access as we have done throughout Lockdowns.  As we come out of restrictions and living with the virus it is important to continue to reiterate the importance of all of us (barristers, clerks, all occupants, BCL employees, contractors and public visitors) having responsibility in doing their part.

One small part of this is to ensure we are minimising the spread of COVID-19 as we increasingly return to chambers. Whilst most buildings and floors are already restricted and group representatives have been informed, effective Monday 11 October swipe cards are again required until further notice in all BCL buildings (including Owen Dixon Chambers East and West), lift lobbies and individual floors (if this arrangement is not already in place). 

Please refer to Staying COVIDSafe at BCL for all information, communications, helpful links to COVID safe plans and restrictions as they happen and what we all need to do.

Victorian Bar News: Call for contributions from the editors

After a suboptimal Winter, we are turning our minds to Summer … that is, to our Summer Issue of Victorian Bar News, which is celebrating its 50th Anniversary in 2021 (Issue 170)! 

We are now calling for contributions. 

Victorian Bar News has been documenting what matters to Victorian barristers since it was first published in 1971. As most of you know it is now published twice a year. Our next publication is due in December, hopefully coinciding with our return to chambers. 

A lot has been happening, it just hasn’t been as visible as we would like it to be.  We want to ensure that the stories of our vibrant community are known to all of us. Now is not the time to hide your light under a bushel.  

Here are some ideas:

  • In the spirit of ‘paying it forward’, has a fellow barrister done something positive and notable which should be shared with our broader community?
  • VBN war stories: if a VBN story from the first 49 years of its publication made an indelible impression on you, we would like to hear from you.
  • Bar collegiality: We may not have had face-to-face conviviality but we’re an inventive bunch. Please send us your photos and stories.
  • Our virtual practices: What we do hate, and what do we love?  Have your views on online hearings evolved during the course of the pandemic? What elements of online practice should stay and what should go when we return to ‘COVID normal’? Expert tips and tricks are welcome.
  • Verbatim: we’re looking for all transcript passages which made you laugh out loud in a good way.
  • Bar Committees: Please share with us reports of significant developments, events, programs, networking and 2022 plans.
  • Legal issues - whether pandemic related or not.
  • Letters to the Editor.

We are keen for your photos, vignettes, insights and articles.  We can’t wait to hear from you!

Our content deadline is 29 October 2021. Please submit to vbneditors@vicbar.com.au

You are also most welcome to contact us directly to discuss your topic ideas and suggested word length.

Best wishes,

Natalie Hickey, Justin Wheelahan and Annette Charak
The Editors

Call for Nominations for Law Council of Australia: National Security Law Committee

The Bar Council is seeking nominations for one (1) appointment to the LCA National Security Law Committee (NSLC).

The role of the Committee is, at the direction of the Law Council Executive, to advise the Law Council and prepare submissions on matters related to Australia’s national security policies and laws and laws to the extent that they relate to Australia’s national security framework.

Items on the National Security Law Committee agenda include:

  1. advise the Law Council in relation to the operation, effectiveness and implications of:
    1. Australia’s national security laws; and
    2. any other law of the Commonwealth to the extent that it relates to Australia’s national security laws;
  2. advise the Law Council on whether any policies or laws mentioned in paragraph (a):
    1. contains appropriate safeguards for protecting the rights of individuals; and
    2. remains proportionate to any threat of terrorism or threat to national security, or both; and
    3. remains necessary;
  3. inform public advocacy and bilateral government engagement, including but not limited to participating in the drafting of submissions, parliamentary or executive inquiries or reviews on behalf of the Law Council as requested; and
  4. consider any other relevant issues that may arise.

The Committee will meet as required to perform its functions. The Committee will normally meet by video conference and/or telephone but may meet face-to-face once per calendar year.

The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. You are encouraged to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise. This will assist the Bar Council to select the best candidate for the position.

Please forward your expression of interest to Miranda Tulloch at miranda.tulloch@vicbar.com.au. The closing date for EOIs is 5:00pm Friday, 22 October, 2021.

Victorian Bar and Monash University Open Justice Project

Members working on pro bono matters can once again seek assistance from selected Monash University law students through the Open Justice Project. Students can assist with legal and paralegal tasks, such as legal research, simple drafting, and preparing chronologies or summaries of evidence. The Project is now in its second intake; during the first intake, barristers reported that they received very high-quality assistance on a wide range of matters. Barristers seeking the assistance of a student for a pro bono matter should complete the request form on the Open Justice Project webpage.

The Open Justice Project is a collaboration between the Victorian Bar and the Monash Faculty of Law. It establishes a panel of later year undergraduate and postgraduate students at the Faculty who provide pro bono legal assistance (such as research and paralegal assistance) to barristers in pro bono matters. The Patron of the Project is the Honourable Chris Maxwell AC, President of the Court of Appeal. For further information about the Project, members can see the Open Justice Project webpage here.

Victorian Bar member CPD and events

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.

  • Protecting confidential information in the 21st century: The new technologies and some practical tips for litigation is on Tuesday, 19 October, 4:30-6:00pm. This session will discuss the tips and traps from both the plaintiff and defendant perspective for running a breach of confidence claim, and in particular, the initial stages of seeking interlocutory relief. Deloitte’s Forensic Services team will join us to explain the new software available to business to protect confidential information and detect its misuse. This is an online-only event. Click here to register.
     
  • An introduction to Children, Young People and the Mental Health Tribunal is on Wednesday, 20 October, 5:00-6:00pm. This CPD introduces children’s law specialists to the Mental Health Tribunal and the role it plays in making compulsory treatment orders for children and young people experiencing mental illness. This is an online-only event. Click here to register.

For more upcoming CPD events, please visit our listings here.

Vicbar Life
VicBar choir

The VicBar Choir invites you to join its group. A new term recently commenced. 

Time: 1–2:00pm, Wednesdays, via Zoom during lockdown.

Dates: The choir will meet for a 10-week term, and started on Wednesday, 6 October, to Wednesday, 8 December 2021.

Cost: $30 a week (casual – fee relief readily available) – $250 a term.

For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.

Click here to view the flyer.

Member Benefits portal for Bar members

Victorian Bar members are encouraged to use the Member Benefits online portal, where you can access a wide variety of discounts, special offers, and member-only deals as part of your Bar membership.

The exclusive benefits are available Australia-wide and are not generally open to the public.

Click here to see the monthly best buys!

To activate your account and access the benefits, please click here. You must log in using your vicbar.com.au login details.

The Essoign Club

Dear Essoign Members,

The Essoign Club will remain open from 7:00am and operate as a takeaway and delivery as per the current restrictions.

We will have coffee, juices, soft drinks, salads and sandwiches on offer, along with daily specials and take away beer or wine.

A daily menu will continue to be sent to our members.

As always, we would like to thank you for your support.

See you soon!

Practice & Profession News
Commonwealth and Victorian Courts' COVID updates

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

  • Federal Court of Australia – see here.
  • Federal Circuit and Family Court of Australia – see here.
  • Supreme Court of Victoria – see here.
  • County Court of Victoria – see here.
  • Magistrates’ Court of Victoria – see here.
LPLC - We've updated our Tax Checklist

UPDATED Checklist: Tax Issues

Practitioners who deal with conveyancing matters need to be both aware of tax issues in this area of law, and actively keep up to date with new developments.

LPLC has a dedicated webpage for all resources and publications relating to property tax. Including our recent articles and flowcharts about duty. 

We have updated our Tax issues checklist with more detail about foreign person additional duty surcharge, and extra duty where there is land development and nominations.

IMPORTANT!

Revenue Ruling DA-064 Land transfer duty – meaning of land development

On 6 September the State Revenue office published Revenue Ruling DA-064 Land transfer duty – meaning of land development which provides further clarity around the meaning of land development in section 3(1) of the Duties Act.

Practitioners need to understand the different activities that constitute land development and advise their purchaser clients accordingly.

Digital Bar Library

Reinforce your argument with authoritative legal resources available to you 24/7 at the Richard Griffith Library and the Digital Bar Library.

The 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.

Profession CPD & Events
Upcoming CIArb events

ACICA & CIArb International Arbitration Conference 2021

ACICA and CIArb Australia will be hosting the 2021 International Arbitration Conference during Australian Arbitration Week on 18 October 2021.

Our one day program includes a Welcome Address from the New South Wales Governor, Her Excellency the Honourable Margaret Beazley AC QC and a Keynote Address from James Spigelman AC QC, and features a host of eminent speakers and expert practitioners from around the globe.

Click here to view the flyer for more information and to register.

 

CIArb Australia Annual Lecture 2021

CIArb Australia will be hosting the Annual Lecture 2021 during Australian Arbitration Week on Tuesday, 19 October 2021 between 5:00–6:00pm AEDT. The speaker for this year's lecture is Mr Bret Walker AO SC and the lecture topic is Privacy or Secrecy? Open Justice Values as a Challenge to Arbitral Procedure.

Click here to view the flyer for more information and to register.

Insolvency & Arbitration – ACICA Webinar

ACICA’s Victorian Committee will be hosting  a webinar regarding the intersection of insolvency and international arbitration next week during Australian Arbitration Week on Tuesday, 19 October between 3:30-5:00pm AEDT.

Click here to view the flyer for more information and to register.

UNCCA UN Day Lecture on the Singapore Convention on Mediation

UNCITRAL National Coordination Committee for Australia invite you to join us for an online lecture on the Singapore Convention on Mediation. The live, interactive webinar will occur across two consecutive afternoons from 5:00pm (AWST) on Wednesday, 20 October 2021 and from 5:00pm (AEST) on Thursday, 21 October 2021.

The lecture will include a keynote address from Khory McCormick, a past Australian delegation member for UNCITRAL Working Group II, which produced the Singapore Convention. Laura Keily, Founder and Managing Director of Immediation, an online dispute resolution platform, will join the discussion.

For more details, including registration (free of charge) and about the speakers, see the flyer here.

A conversation with... Sandie Okoro

Monday 25 October 2021, 3:00pm - 4:00pm BST

The International Bar Association are delighted to announce further information on our 'A conversation with...' sessions, and their speakers, taking place during the IBA Global Showcase.

Register for free.

To submit your questions for Dr Sandie Okoro to be asked during the conversation with sessions, email IBAmarketing@int-bar.org.

 

Upcoming Monash events

Bob Baxt AO Annual Address: Professor John C. Coffee

Join Professor John C. Coffee for the inaugural Bob Baxt AO Annual Address in Corporate & Commercial Law

Speaker

Professor John C. Coffee, Adolf A. Berle Professor of Law, Columbia University Law School

John C. Coffee specialises in corporate law and governance, securities regulation and white collar crime.

In this Centre for Commercial Law and Regulatory Studies event on Friday, 26 October 2021, Professor Coffee will be speaking on his address title: The Coming Shift in Shareholder Activism: From "Firm-Specific" to "Systematic Risk" Proxy Campaigns (and How to Enable Them). Professor The Honourable Marilyn Warren AC QC, former Chief Justice of The Supreme Court of Victoria will provide the introductory remarks.

Register here.

 

2021 Susan Campbell Oration

You are warmly invited to the 2021 Susan Campbell Oration on the topic of Street Law: Legal Literacy from Afghanistan to Zimbabwe, on Wednesday 27 October 2021 from 6:00-7:00pm (AEDT).

Street Law involves legal literacy programs designed to enable law students and others to make people aware of their legal rights and where to obtain assistance.

The 2021 Susan Campbell Oration by Professor David McQuoid-Mason will address the potential for Street Law programs to contribute to clinical legal education and access to justice.

Professor McQuoid-Mason will share insights from his extensive experience of contributing to Street Law programs in countries from Afghanistan to Moldova to Zimbabwe.

Register here.

Australian Insurance Law Association E-Trials Webinar - Thursday, 28 October 2021

Please click here to view the flyer for the upcoming AILA webinar on Thursday, 28 October 2021 (1:00–2:00pm).

The webinar focuses on ‘judicial expectations and arrangements for remote hearings’ and includes Bar members Mary Anne Hartley QC, Michael K Clarke and Lachlan Howe.

Upcoming AAL events

Issues Arising from the Operation of Intermediate Courts of Appeal (Civil)

The flyer here is for a free event being held by the Australian Academy of Law, online and inperson (limited) Banco Court, Brisbane, 3 November 2021.

Fellows and members of the public will hear from the heads of Australia’s intermediate courts of appeal (civil jurisdiction), including appellate full courts, who will discuss with each other common issues arising from the operation of these courts. Examples of the issues to be discussed are: rights to appeal; the nature of an appeal; how the hearing of appeals is organised: when reasons are required; the advantages and disadvantages of a separate court of appeal; and the importance of civility.

It promises to be a unique and interesting occasion, please register here.

 

First Nations Peoples' Truth & Justice Commissions - Wednesday 24 November 2021

The Australian Academy of Law is holding an on-line event on Truth & Justice Commissions on 24 November at 6:00pm - 7:15pm.

In May 2021 the Victorian Government appointed five Commissioners to constitute a truth-telling Royal Commission, the Yoo-rrook [truth] Justice Commision, to inquire into historic and on-going systemic injustice perpetrated against First Peoples since the Colonisation of Victoria.  The event involves a panel discussion with two Commissioners, the Hon Kevin Bell AM QC and Dr Wayne Atkinson.  Professor Kate O'Regan, a former judge of the Constitutional Court of South Africa, will offer a comparative perspective.  The event is chaired by the Hon Pamela Tate SC.

Click here for the flyer and more information.

Careers & Opportunities
In Brief submissions

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, 21st October 2021