In Brief Issue #1035

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.

Eligible members who have not already voted will have received a reminder email yesterday from Vero Voting with a link to vote.

If you have not received this email, and have checked your Junk/Other Folder, please contact Vero Voting on support@verovoting.com.au or on 1300 702 898 and they will assist you. 

You must be financial to be eligible to vote and only eligible members will receive the email from Vero Voting. For voting eligibility enquiries please contact the Victorian Bar on (03) 9225 8314.

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.     

The Pro Bono Committee reminds members that the Pro Bono Work page in the members’ section of the Victorian Bar’s website contains a range of useful resources. These include:

• The Pro Bono Platform, which enables members to view and accept advertised pro bono opportunities, update their areas of practice and modify their notification settings if desired.
• The expression of interest form for members who wish to contribute to the Victorian Bar Pro Bono Scheme administered by Justice Connect.
• The protocols governing the court referral schemes currently in operation between the Victorian Bar and various courts.
• Template costs disclosure statements and conditional costs agreements for use in suitable pro bono matters.
• Information about the Open Justice Project, which enables members working on pro bono matters to seek pro bono legal assistance from selected Monash University law students.

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.

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.

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.

The Bar’s bust of Alfred Deakin, Australia’s 2nd Prime Minister and a member of the Victorian Bar, will be unveiled on Wednesday 17 November with a lecture by Emeritus Prof. Judith Brett in the Peter O’Callaghan QC Gallery. Attendee numbers are necessarily limited, however, we are pleased to be able to offer Prof Brett’s marvellous biography, The Enigmatic Mr Deakin at a reduced price to the Bar at large, thanks to Prof. Brett and Text Publishing. Members can purchase the book for $29.99 [normal RRP is $34.99] from Dymocks’ CBD outlet at Lower Ground Floor, 234 Collins Street, Melbourne (9663 0900 or melbourne@dymocks.com.au).

Great timing for Christmas!

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.

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

Click here for the monthly best buys!

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.

County Court of Victoria

Commercial Division

Please click here for the Commercial Division Response to Coronavirus (COVID-19), which has been updated in recognition of the phases for progressive opening up to the vaccinated population in the State Government’s ‘roadmap’. The Court is progressively resuming onsite operations, although modified procedures will remain in place.

The arrangements set out in the document are effective as of 8 November 2021.

Please note this document supersedes the previous document dated 28 July 2021, and the “Circuit Breaker” document dated 6 August 2021 is no longer in effect.

The document should be read in conjunction with the Court’s Remote Hearing and Vaccination Protocol and Personal Protective Equipment (PPE), Movement and Testing Protocol.

The most notable change is:

Section 1.2 Key principles in relation to onsite attendance.

This section sets out the types of hearings that will be considered for in-person attendance, and the process for making such a request.

Criminal Division

Consistent with the easing of restrictions announced by the Victorian Government, the Court has decided to allow for the increased physical attendance of practitioners (and to some degree other court users) as of Monday 8 November 2021, subject to courtroom availability, density limitations and the Court’s Remote Hearing and Vaccination Protocol and Personal Protective Equipment (PPE), Movement and Testing Protocol.

The attached COVID-19 response: Criminal Division – onsite attendance protocol for practitioners and court users v 3 provides further information and outlines the types of hearings that will continue to be heard remotely, and the types of hearings which may be heard in-person.

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.

Please click here for the October 2021 edition of the Lighthouse Project newsletter.

This edition centres on the Lighthouse Project risk screen and triage process. This newsletter highlights the benefits a Family Counsellor can provide to high risk matters and includes a Q&A from Family Counsellors involved in the Project.

If you have any feedback or questions on the Project they can be sent via email to – LighthouseProject@fcfcoa.gov.au

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.

Legal reasoning across commercial disputes, with The Hon Patrick Keane AC QC–Justice of High Court

Friday 26 November 2021 | 12–1:30pm Brisbane Time | Brisbane, QLD

These days, most commercial disputes are settled through some form of negotiation, whether assisted by independent neutral parties or not. Those discussions take place in, and are framed by, the “shadow of the law”. But how does the rule of law actually work? How do arbitrators and judges think and make decisions? This discussion with Justice Patrick Keane AC QC and Russell Thirgood will delve into the minds of a practising judge and arbitrator and explore the reasoning and decision-making process that they go through when delivering their final decision.

Click here for the flyer and click here to register.

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.

CLARS Law & Business Seminar Series: Business Judgment and Directors' Accountability

In this CLARS Law & Business Seminar Professor Joan Loughrey will discuss; Should the courts review directors’ business judgment? This question has been canvassed extensively in academic literature. Arguments against such review include the dangers of judging directors’ decisions with the benefit of hindsight; the fact that judges lack business expertise and should not, therefore, second guess business decisions; that review of business judgment with liability would deter individuals from becoming directors; or that it would lead to more risk-averse decisions. Arguments for review include improving standards; deterring unfit directors; and, significantly, accountability of directors for harms they have caused through careless decisions.

In this online seminar on Tuesday, 16 November 2021, Professor Joan Loughrey, Law, University of Leeds will also be joined by John Fast, Chairman and Chief Executive Officer, Seawick who will provide commentary.

Register here.

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.

The flyer available here is for a free event being held by the Australian Academy of Law, streamed online.

In May 2021 the Victorian Government appointed five Commissioners to constitute a truth-telling Royal Commission, the Yoo-rrook Justice Commission. The Commission is Indigenous led.  Three Commissioners are from the First Peoples of Victoria and one is from the First Peoples of Tasmania.  The Commission is to inquire into historic and on-going systemic injustice perpetrated against First Peoples since the Colonisation of Victoria

The Australian Academy of Law is delighted to host this event, First Nations Peoples’ Truth & Justice Commissions to be held on Wednesday 24 November 2021, chaired by the Hon Pamela Tate SC.