In Brief Issue #1038

The Federal Court of Australia, the Federal Circuit and Family Court of Australia, and the Supreme Court of Victoria will welcome the new Senior Counsel in their respective virtual ceremonies on Monday, 29 November 2021.

The Victorian Bar will host the ceremonies in-person for the newly appointed silks in the Neil McPhee room on Level 1, Owen Dixon Chambers East. The ceremonies will be attended in person by the newly appointed silks, their families and collegues. All members of the bar are welcome to attend, please note, registration is required via the link here. Counsel are required to be robed. If you would like to join virtually, please see links to join below:

9:30am Please click here to view the Supreme Court of Victoria ceremony.

10:15am Please click here to view the Federal Court of Australia ceremony.

10:45am Please click here to join the Federal Circuit and Family Court of Australia ceremony via MS Teams.

Those observing the ceremony are requested to have their cameras switched off and microphones on mute.

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 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.

County Court of Victoria Criminal Division

Following a determination by the Juries Commissioner to exempt unvaccinated jurors (without a medical exemption) under new provisions of the Juries Act 2000, the County Court will recommence criminal jury trials from Friday 26 November 2021 in Melbourne and some circuit locations.

Please find attached the following documents for your information:

Health and safety protocols

• Jury trial vaccination protocol
• Remote hearing and vaccination protocol
• Personal protective equipment (PPE), movement and testing protocol

These protocols outline arrangements for the orderly and safe conduct of matters heard at the Court over the ‘opening up’ phases of the State Government’s Roadmap, taking into account the vaccination status of legal practitioners and other court users.

Jury trial guides

• Melbourne criminal jury trials where no physical distancing required – guide for the profession and court users – v 5
  • In-court empanelment process
• Circuit criminal jury trials where no physical distancing required – guide for the profession and court users – v 2
  • This Guide applies to Geelong, Latrobe Valley, Ballarat, Warrnambool, Wodonga, Mildura and Shepparton only
  • Semi-remote empanelment process.

The protocols and guides are available on the Court’s website.

Subject to any additional PPE requirements consistent with the vaccination protocols, the Court remains at mask setting 2 for both jury trials, and non-jury matters, requiring masks to be worn by non-speaking participants.

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 to download the High Court of Australia Robing Protocol November 2021.

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.

The National Brief #6

Please click here for the latest ABA National Brief.

ABA announces New Executive Team

The Australian Bar Association has announced the election of its executive team for 2021–22. Please click here to read the media release.

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 and 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.

Watch the livestream on Thursday 2 December 2021 at 4:30pm to hear from a panel of experts on representing clients in testator family maintenance proceedings in the County Court.

Panel guests include:

• Judge Tran, Judge in Charge of the Family Property List at the County Court
• Lawson Fletcher, the registry officer responsible for managing testator family maintenance claims
• Tony Elder, barrister, accredited mediator and chair of the Victorian Bar Alternative Dispute Resolution Committee
• Ursula Stanisich, a barrister and accredited mediator practising exclusively in the areas of trust, equity and succession law.

Topics covered include:

• The new Family Property List practice note and standard orders
• The new Victorian Bar/Family Property List Mediator Referral Scheme
• Communicating with the Court
• The Court’s approach to keeping costs reasonable and proportionate
• Options for alternative dispute resolution
• Drafting position statements.

When: Thursday 2 December 2021, 4:30–5:30pm
RSVP: email familyproperty.list@countycourt.vic.gov.au by 30 November 2021. The livestream link will be emailed to attendees prior to the event.

There will be an opportunity to ask questions at the seminar. Questions may also be submitted in advance by email to: familyproperty.list@countycourt.vic.gov.au.