In Brief Issue #1037

At its meeting on 11 November 2021, the Bar Council resolved to seek expressions of interest for the positions of Honorary Secretary and Assistant Honorary Secretary. 

Click here to express interest.

Expressions of interest must be received before 5:00pm on Thursday 25 November 2021.

The Honorary Secretary and Assistant Honorary Secretary:

• assist in the administration of membership matters, which includes dealing with applications to sign the Roll of Counsel and transfer requests from existing members;
• interview prospective readers prior to each Readers’ Course;
• attend Bar Council and management meetings of officeholders and staff when required;
• assists the Bar Council Officeholders and members particularly in respect of the constitutional responsibilities of the Bar Council.

The time required to perform the role varies from week to week. On average, about 3-4 hours should be allocated each week, however the time required will be greater at certain times during the year, especially when reader interviews are being conducted prior to each Readers’ Course.

Expressions of interest are sought from members of the Bar who wish to remain on, or become a member of, one or more of the Bar committees.

It is through the Bar’s committees that a great deal of the work of the Bar as a representative professional institution is done. The selfless contribution of time and effort given by members is a donation of great value to the Bar and to the wider community.

All members who have an interest in serving on any of the committees in 2021-2022 must submit an expression of interest, even if they have previously served on the committee.

You will need to be logged in to the Bar website to express interest.

Click here to express interest.

All practising counsel are invited to express interest. Experience is not a prerequisite to serve on a committee.

Each Bar committee takes seriously its role in advancing the interests of members of the Bar fulfilling the purposes of the committee. Those seeking election to a committee should, therefore, not underestimate the workload. Click here for a copy of the role descriptions and responsibilities of each of the committees.

Barristers who have not previously served on Bar committees are particularly encouraged to express their interest. 

The deadline for receipt of expressions of interest is 5:00pm on Monday, 22 November 2021.

Existing committee members should note that if you do not complete an expression of interest, it will be assumed that you no longer wish to continue your membership of any committee.

If you have any enquiries, please contact Miranda Tulloch: miranda.tulloch@vicbar.com.au.

The Victorian Bar’s Indigenous Justice Committee is delighted to announce the expansion of its prestigious clerkship program to include a placement at the County Court from 2022. The clerkship provides an opportunity each year for Indigenous law students to undertake paid work experience at the Bar, with a week-long placement at each of the Federal and Supreme Courts and a week ‘at the Bar’ with a Barrister. The Indigenous Justice Committee now welcomes the County Court to this program, which will see the students undertake placement with a Judge and observe their work up-close in chambers and the courtroom. The Indigenous Justice Committee thanks County Court Chief Judge Peter Kidd and Judge Pillay for their enthusiastic support of the clerkship, which provides an unrivalled opportunity for the Indigenous barristers of the future. More information about the clerkship program can be found here.

The Victorian Bar is now taking expressions of interest for those members looking to refresh their profile photo. We are holding a photoshoot on Wednesday 24 and Thursday 25 November 2021.

If you are interested in having your photo taken on the day, please click here and register your interest.

Cost: $60.00 incl GST

The Victorian Bar has been invited to nominate a trustee to the Law Aid Trust, a charitable trust managed by the Law Institute of Victoria and the Victorian Bar to support the funding of civil disbursements in civil litigation matters undertaken by law firms on a pro bono and “no-win, no-fee” basis. 

The Bar is calling for expressions of interest from members who may wish to contribute as one of the Bar’s nominated Trustees. The appointment will be for a term of two years.

A position description for the role may be viewed here. The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.

To assist the Bar Council in selecting the best candidate for the position, your expression of interest should identify any relevant areas of experience or expertise, including:

• Experience or expertise in the matter/claim types referred to in the Position Description
• Previous contribution to or involvement with the Trust, and
• Contribution as a trustee or in a similar capacity with other bodies.

Please submit your expression of interest to Denise Bennett, Executive Assistant to the President and Bar Council, at the Victorian Bar office at denise.bennett@vicbar.com.au. 

The closing date for expressions of interest is 5:00pm, Monday 29 November 2021.

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 are living with the virus it is important to continue to reiterate the importance of us all (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. This includes 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 Bar’s bust of Alfred Deakin, Australia’s 2nd Prime Minister and a member of the Victorian Bar, was unveiled on Wednesday 17 November with a lecture by Emeritus Prof. Judith Brett in the Peter O’Callaghan QC Gallery. 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 published a joint jurisdictional statement from the Chief Justice, on behalf of the Victorian courts and VCAT in response to yesterday's announcement about easing restrictions.

You can access the statement here.

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.

Many annual reports, including from the Courts and VCAT are now available from the Victorian Parliament Tabled Document Database. Click here to view.

Please click here for an update to the profession for your family law members from Senior Judicial Registrar Andrea Evans, Executive Director – National Registrar Operations, Federal Circuit and Family Court of Australia.

The Supreme Court published an updated Notice to the Profession – Role of Junior Counsel. The Court encourages junior counsel to actively participate in cases where two or more counsel are briefed for a party. The Supreme Court recognizes that substantial contributions are made by junior counsel when preparing cases.

The County Court of Victoria launched its eCase portal, an electronic platform for the subpoena process, in September 2021.

eCase is the Court’s preferred method for the submission of subpoena responses, objections, objection withdrawals, inspection requests and inspection itself amongst other things.

For criminal matters, parties should eLodge their subpoenas for issue via eLodgement. Parties will receive an email notification if their subpoena has been approved for issue, and should contact the Court’s subpoena team (ccvsubpoenas@courts.vic.gov.au) after the date of production, to ascertain whether the subpoenaed material has been received by the Court.

Parties can request a subpoena release hearing date from the subpoena team, via email ccvsubpoenas@courts.vic.gov, after the Court receives the subpoenaed material. A listing date for an administrative release, or substantive hearing, will be provided to parties depending on whether release is opposed.

For more information on eCase, please refer to the Court’s eCase: electronic subpoenas practice note and for any questions relating to eCase or subpoenas, please contact the Court’s subpoena team ccvsubpoenas@courts.vic.gov.au

Section 198B application form

The Court has developed a s 198B application form which should be used by parties when seeking to file a s 198B application.

The template form is here and will be available on the Court’s website.

In this fourth podcast, Matthew Howard SC, President of the ABA, and Kate Eastman AM SC, Chair of the ABA Diversity & Inclusion Committee, discuss how the #metoo movement set off a string of legal and social action, which has now brought the judiciary and the Bar under the legal framework of the Sex Discrimination Act 1984 (Cth).

You can find it here ABA | ABA Podcast #4 (austbar.asn.au)

The Law Council of Australia has launched The Lawyer Project Report. The Lawyer Project Report seeks to highlight the value of the legal profession and the differences it makes each day to its clients and to the broader community.

Thank you for all your help in developing this key resource. Please find a full copy of The Lawyer Project Report, its key findings, and the media release issued today here.

We have now initiated a long-term campaign to increase public awareness of the role of the legal profession, in particular the beneficial contribution of the profession to the community through supporting trade and commerce, promoting certainty and the rule of law, and empowering individuals and civil society.

The Judicial College has released its 2020/21 Annual Report, marking a year of challenge and transformation.

Access the report here.

The Estate of the late James Bruce Milroy Mckenzie formerly practising as J Mckenzie Family Law Pty Ltd T/A J Mckenzie Family Law, Toowoomba

The Queensland Law Society advises that on 27 October 2021, the Executive Committee of the Council of the Queensland Law Society Incorporated, as Council's delegate, passed the following resolutions in respect of the law practice, J McKenzie Family Law Pty Ltd Tia J McKenzie Family Law, Toowoomba.

1. The following circumstance warranting external intervention mentioned in s497 of the Legal Profession Act 2007 (LPA) exists in relation to J McKenzie Family Law Pty Ltd TIA J McKenzie Family Law (the Law Practice):
   1. The Queensland Law Society Inc (Society) is aware that James Bruce Milroy McKenzie, Sole Practitioner of the Law Practice, died on 24 October 2021 (s497(a) LPA).
2. The Society being aware of that circumstance and having regard to the interests of the clients of the Law Practice and to other matters that it considers appropriate decides external intervention is warranted.
3. The Council Executive Committee considers that the appointment of a receiver for the law practice is necessary to protect the interests of clients in relation to trust money or trust property (s498(2)(c)(i) of the Act).
4. The Society appoints William Thomas Hourigan, Michael Craig Drinkall, Deborah Yumin Mok and Lanka Perera Mahagamage all members of CPA Australia employed by the Society; Hwee Cheng Goh and Ann-Louise Connolly, both solicitors employed by the Society; David John Franklin and Caitlin Anne Martin, both being accountants employed by the Society, jointly and severally as receivers of regulated property of the former law practice and former ILP pursuant to s498 (2)(c) of the Act.

There is only one week until Lexology hosts Lexology Connect: Australia.

The Victorian Bar is delighted to be supporting this virtual event taking place from 24-25 November 2021 via Zoom.

To secure your place, simply register here.

Sessions will focus on the Australian market and will tackle the key issues facing in-house and compliance professionals and discuss these from both a local and international context to provide delegates with an engaging, challenging and rewarding programme.

Please click here for the full programme and list of speakers.

Don’t miss the chance to connect with representatives from: Google, Salesforce, Vodafone, Canva, USNW and many more!

THIS EVENT IS FREE TO ATTEND.

Secure your free place now and register here.

We look forward to seeing you online next week!

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.