In Brief Issue #1034

29Oct
Christopher Blanden QC
President

Lockdown, or at least most of it, comes to an end at 6:00pm tonight. I’m sure all members will be relieved. Hopefully this will herald a return to chambers for members over the next few weeks. In the meantime, I hope everyone enjoys the break afforded by the Cup holiday.

Members may have noticed that the Bar has this week been vocal in its opposition to certain proposed legislation. Another piece of legislation that has gone to Parliament this week, relatively unnoticed, is an amendment to the Juries Act 2000, giving the Juries Commissioner power to exempt persons from being summoned for jury service on health grounds. The Bar was consulted about this legislation, which is designed as a short-term measure to allow the return of jury trials without further delay. In the longer term there are still discussions to be had about this vexing issue.

There have been some inquiries about the terms of the new arrangements for the Essoign Club. The negotiations for the renewal of a lease for the Essoign involved the Bar and BCL. BCL offered a reduction in the rental charged to the Bar for the Essoign space.  The Bar was in turn able to pass on to this saving to the Club as its sub tenant. The independent boards of BCL and Essoign approved the new arrangements along with Bar Council. As has been previously indicated the parties have signed 5 years x 4 lease and sub-lease meaning there is long term certainty for all involved.

Finally, hopefully everyone is aware that voting has opened in the Bar Council elections. I would urge all eligible members to exercise their right to vote in this election.

Christopher Blanden QC

Vicbar News & Events
Voting in the 2021/2022 Victorian Bar Council Election is now open

Voting for the 2021/2022 Bar Council election opened at 9:00am on Wednesday, 27 October 2021 and closes at 5:00pm on Wednesday, 10 November 2021.

Financial members will have received an email with a link to vote at 9:00am on Wednesday, 27 October 2021.

Health & wellbeing at the Bar

 

The Victorian Bar is committed supporting the health & wellbeing of our members with a range of services, policies and activities.

HEALTH CRISIS HELP SERVICES

The Victorian Bar funds two independent counselling services to members and their families.

The services include 24-hour crisis support and counselling help lines:

Re-Vision Group                    0417 351 677
Converge International          1300 687 327

Trained consultants are available 24 hours a day, 7 days a week to deal with any crisis situation.

The Victorian Bar Health & Wellbeing Committee can be contacted at wellbeing@vicbar.com.au if you have any queries or feedback about the counselling services.
 

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

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.

Expressions of Interest for nominations to the Takeovers Panel

The Australian Government is seeking expressions of interest for nominations to the Takeovers Panel.

The terms of the President and 14 members of the Panel are due to expire on 7 March 2022.

The Takeovers Panel is established by Part 10 of the Australian Securities and Investments Commission Act 2001. It is the primary forum for resolving disputes about a takeover bid until the bid period has ended. The Panel is a peer review body with part-time members appointed from the active members of Australia's takeover and business community. Potential members are required to have knowledge of, or experience in, relevant fields including business, the administration of companies, the financial markets, law, economics and accounting.

Further information on the Takeovers Panel is available on its website here and in the background document here.

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 Executive of Bar Council to select the best candidate(s) for the position(s).

Please provide your expression of interest and Curriculum Vitae to Denise Bennett, via email by Monday, 8 November 2021. Members must reside in Victoria.

Call for Expressions of Interest - Nomination for appointment to the Supreme Court Library Committee

The Victorian Bar has been invited to nominate two local legal practitioners for appointment to the Supreme Court Library Committee. In accordance with the Supreme Court Library Rules (Rule 7 of Supreme Court Library Rules 2019), these appointees must be confirmed by the Council of Judges in December each year.

All members of the Supreme Court Library Committee sit ex officio on the Law Library of Victoria Committee.

The Library’s mission is to support the administration of, and access to, justice, and the practice of law by providing comprehensive and authoritative legal information to judicial officers, the profession and the community of Victoria.

We achieve this by prioritising:

  • Providing a comprehensive and authoritative collection of legal resources
  • Enhancing legal research capabilities
  • Increasing awareness and reach of resources and services
  • Strengthen collaboration and partnerships with jurisdictions and key organisations within the legal profession
  • Enhancing library governance and continuing to develop a modern and dynamic workforce for the future.

Services are primarily digital (via www.lawlibrary.vic.gov.au), and provide equitable access to library services and resources to practitioners across all of Victoria.

Interested members should submit their expression of interest, together with a copy of their CV and details of any relevant experience or expertise.

The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.

Please direct any enquiries or Expressions of Interest to Denise Bennett at denise.bennett@vicbar.com.au.

The closing date for Expressions of Interest is Monday, 8 November 2021.

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.

  • Cryptocurrency for Family Lawyers - what you need to know is on Thursday, 4 November, 5:15-6:15pm. This session will explore common issues faced in a property settlement scenario where cryptocurrency exists, including disclosure (what to ask for / subpoena), tracing of transactions and valuation issues. This is an online only event. Click here to register.
     
  • Advanced Sexual Harassment law: causes of action, types of liability and the Respect@Work reforms is on Monday, 8 November, 4:30-6:00pm. This seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover. This is an online only event. Click here to register.
     
  • Paperless Practice – Tips & Tricks for Working with PDFs is on Wednesday, 10 November, 5:15-6:15pm. This seminar will provide guidance to barristers wishing to acquire or hone the skills involved in bookmarking and manipulating PDFs in daily practice. This is an online-only event. Click here to register.

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

Vicbar Life
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 Club Members,

Welcome Back!

We are open daily from 7am – till late

Breakfast - for dine-in or takeaway.

Lunch – Daily Café Menu take away or delivery.

Lunch Dine-In - A La Carte from midday.

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.

Practice & Profession News
Commonwealth and Victorian Courts' COVID updates

The Supreme Court of Victoria has issued a Notice to the Profession outlining changes to in person hearings.

From 26 October 2021, with the exception of criminal jury trials in person hearings in the Court of Appeal , Criminal Division, Commercial Court and Common Law Divisions may be permitted by exception where there are special reasons why a virtual hearing is not practicable.

Learn more via the SCV website: Notice to the Profession - In person hearings

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.
Building a Culture of Respect

In the ABA’s third podcast, Assoc. Prof. Michael Flood, at the School of Justice at the Queensland University of Technology, joins Matthew Howard SC, President of the ABA, and Kate Eastman AM SC, Chair of the ABA Diversity & Inclusion Committee, to discuss what men can do to change the culture of the profession and help eliminate sexual harassment. You can listen to the podcast here.

Law Library Survey and Digital Bar Library

Law Library Survey

The Library is looking for lawyers to participate in research to help us understand how lawyers use the library, how and where lawyers get information outside of the library, and how we can help lawyers access digital services. This initiative was mentioned recently in the Legal Services Commissioner’s update.

Those who click on the link in the text below will be directed to a form that will record your details and an independent firm will contact you to conduct a short telephone survey.

The Law Library wants to listen to judges and practitioners describe their information needs. Go to https://www.surveymonkey.com/r/lawlibrary and let them know that you’re ready to talk.

We will be using the results of the research to improve the library service.

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 Resolution Institute events

CPD event | The 3rd in 2021 Resolution Institute Security of Payment Case–Law Update

Wednesday 3 November 2021 | 5:30–7:30pm AEDT

Join us and keep up to date with development in the Security of Payment related case law. The presentation will cover numerous recent important judicial authorities on the operation of Security of Payment legislation and construction law generally. There will be four deeply experienced presenters discussing recent case law facts, key issues, adjudicator decision and the court judgment.

This forum will be of interest to claims preparers, contract administrators, contractors, adjudicators, and legal professionals involved in the construction industry.

Click here for the flyer and click here to register.

 

CPD event | Online | Supervision–Reflection as an art – what, how, why?

Monday 8 November 2021 | 6:00pm - 7:00pm AEDT

Focusing on professional clinical supervision, the session will explore how we can develop and grow as practitioners using different types of supervision. We will utilise various formats including:

Presentation: Participants will hear some (recorded) conversations between Jodie Grant and Michael Lang highlighting the distinctions between the different types of professional types of supervision and demonstrating these.

Interactive: facilitated group discussion for participants to contribute to the discussion.

We will explore the key questions:

what is supervision?
what do you want/need from supervision?
how can it benefit my professional practice?
what qualities makes a good supervisor/supervisee? what are the qualities I need to look for in a supervisor?
what are the responsibilities and roles, boundaries of the relationship?
should supervision be an ongoing requirement?
how can I get the most benefit from supervision and support my practice?

Click here for the flyer and click here to register.

Upcoming Monash events

Change Makers: The Australian Constitution and Voice, Treaty, Truth

The Uluru Statement from the Heart calls for Voice, Treaty and Truth.
On Thursday 4 November 2021, join Monash Law and the Australian Association of Constitutional Law for a special forum to explore relationships between the Australian Constitution and Voice, Treaty and Truth.

Register here.

Sentencing Principles in Indonesia’s Draft Criminal Code Bill

In this instalment of the Eleos Justice Conversation Series on Thursday 11 November 2021, Dr Jeremy J Kingsley hosts Dr Rifqi S Assegaf and Anugerah Rizky Akbari in a discussion about the key features of the sentencing principles in Indonesia’s draft Criminal Code Bill.
 
Register here.

LAWASIA 2021 Virtual Annual Conference 15 - 18 November 2021

Registrations for the LAWASIA 2021 Virtual Annual Conference are still open!

The four days will include an array of high-profile international speakers exploring a diverse range of political, social, cultural, and economic contexts across the Asia Pacific. Attendees will benefit from a series of insightful presentations from the region’s leading legal experts coupled with opportunities to network across various virtual lounges and meeting spaces. 

We invite you to bookmark our online programme which is regularly updated with new information about speaker panel details and session outlines. 

The Annual Conference signals a chance for LAWASIA to recover from the devastating effects of the pandemic and we urge you, as a valued LAWASIA member organisation, to register for the conference and encourage members of your firm, law association and wider network to do the same.  

We are offering exclusive discounts to LAWASIA members including a student rate to encourage law students to participate and get the opportunity to have meaningful interactions.

Detailed information on the Conference, its programme and sponsorship opportunities are available on the Conference Website.

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, 4th November 2021