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In Brief Issue #1055
6May
On Saturday the ABA’s National Conference concluded. The conference was a great success and I again extend my congratulations to all involved. I was particularly struck by the following remarks of the Hon. Justice Stephen Gageler in his keynote address to the conference:
No profession – especially not the Australian legal profession and especially not that branch of the Australian legal profession that is the Australian bar – can long expect to maintain its professionalism without the collegiality that comes through the combination of shared professional experience and serendipitous contact. To adapt a refrain from a current long-running musical production, which has itself withstood COVID, whether or not we are to be counted amongst those who made important things happen, our professional lives are diminished if we are not “in the room where it happens.
Without the combination of shared professional experience and serendipitous contact that comes with physical proximity, individual members of the bar will survive. Boomers in the twilight of their careers will make it to the end. Those who have become curmudgeons will do so happily. Gen X’s will probably do OK. Gen Y’s, and especially those who are at the dawn of their careers will miss out. If they miss out, the bar, and in turn the bench, and ultimately the system of law we both administer, will be weaker for it.
Last night the March 2022 readers signed the Bar Roll and formally became members of the Victorian Bar. In my remarks to the new barristers, I impressed upon them that they are the next generation and that they need to consider where they will be and what the Victorian Bar will look like over the next 50 years. The signing ceremony took place in a full Neil McPhee room in the presence of family and friends of the new barristers and was followed by drinks in the Peter O’Callaghan QC Gallery. It was a very happy occasion and I am sure all members join me in welcoming our latest members. I thank Justin Graham QC, the Readers Course Committee, the Bar Office staff for their hard work and commitment. I also acknowledge and thank the many members of the Bar and the judiciary who volunteered their time to the Readers Course, without which the course would not be possible.
This week the State budget was handed down. While generous provision has been made for the Bendigo law courts redevelopment and the courts case management system, it was disappointing that more money was not allocated to VCAT to assist with the backlog in that important tribunal and that more money was not made available for Victorian Legal Aid. The Bar Council will continue to work for its members in relation to these matters.
This week has seen a flurry of welcomes: on Tuesday I had the privilege of delivering a Welcome on behalf of the Bar for the Hon. Justice Kristen Walker and today I had the privilege of delivering a Welcome on behalf of the Bar and the ABA for the Hon. Justice Helen Rofe. Also today, Charles Shaw QC attended the welcome for Magistrates Cecily Hollingworth and Cynthia Lynch at which Jason Gullaci delivered two outstanding speeches. On behalf of members, I wish each of the judges and each of the magistrates every success and happiness in their service on their respective Courts.
Welcome sittings to be held next week are:
- Her Honour Judge Kellie Blair on Thursday, 12 May 2022 at 9:15am
- Magistrates Timothy Greenway and Rohan Lawrence on Friday, 13 May 2022 at 9:00am
Please see details below.
Tickets for the Bar Dinner on 27 May 2022 are selling fast. I encourage all those who wish to attend to purchase a ticket quickly. You can purchase a ticket or secure a table here.
The LPLC portal is now open for barristers to renew their professional indemnity insurance. The LPLC requires payment of the premium by Tuesday 31 May 2022 and members are encouraged to renew on the LPLC website.
The Victorian Bar is a proud sponsor of Victorian Law Week 2022 which this year will run between 16 -22 May. The Bar is hosting two events during the week, including:
- Artist and Sitter: In Conversation with Bill Henson and the Hon. Kenneth Hayne AC QC to be held on Tuesday, May 17 at 6:00pm; and
- ‘Cross-examine a barrister’ to be held on Thursday, May 19 at 1:00pm.
Please see details including registration details below.
Finally, I would like to congratulate and extend my best wishes to John Constable, who this week celebrated 50 years at the Bar. That is a remarkable achievement of which John can be very proud and to which many of us can only aspire.
Róisín Annesley QC
You should have received an email from the Victorian Legal Services Board + Commissioner (VLSB+C) on Monday, 28 March 2022, outlining details of the practising certificate (PC) and professional indemnity insurance (PII) renewal process.
LSB online went live on Monday, 28 March 2022, for the renewal of your PC. Members must renew before 30 June 2022 to continue to practise on 1 July 2022. Members who renew after this date may incur a late renewal surcharge from the LSB+C.
The LPLC portal is now open to renew your PII, and further information from the LPLC was distributed earlier today. The LPLC requires payment of the PII premium by Tuesday, 31 May 2022 and members are encouraged to renew online on the LPLC website.
Information on renewing practising certificates can be found on the VicBar website here.
Links for online lodgement, found on the above webpage, will be available from the VLSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website.
Login to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C). You can contact the Bar office for assistance). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form. If you have forgotten your password, please use the link on their website, “forgotten password”, to get an email sent to you to reset your password.
If you experience technical difficulties with LSB online, please contact the VLSB+C via their lawyer enquiry form. In addition, answers to frequently asked questions and LSB online user guides can be found here.
Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7105.
County Court of Victoria
Her Honour Judge Kellie Blair
A welcome sitting to mark the appointment of Her Honour Judge Kellie Blair as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3, Level 3, 250 William Street, Melbourne on:
Thursday, 12 May 2022 at 9:15am
If you would like to attend this ceremony in person, you will be required to be fully vaccinated and self-administer a RAT on the morning of the Welcome.
Barristers can collect a RAT from the Victorian Bar office located at Owen Dixon Chambers East, Level 5, 205 William Street. As per current directives, the RAT may be collected the business day before, but no earlier.
If you are unable to attend in person, the welcome will be live-streamed here.
Magistrates' Court of Victoria
His Honour Magistrate Timothy Greenway
His Honour Magistrate Rohan Lawrence
A welcome sitting to mark the appointment of His Honour Magistrate Timothy Greenway and His Honour Magistrate Rohan Lawrence will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 13 May 2022 at 9:00am
The ceremony will be live-streamed via Webex due to limited court numbers here.
21 days to go!
All members of the Bar and Judiciary are warmly invited to the Dinner on Friday, 27 May 2022, 7:00pm at the Plaza Ballroom. The event is black tie and will feature guest speaker The Honourable William Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia.
Tickets are selling fast, with only a handful of tables available for purchase. You can book individually, as a guest on an organised table, or as a table organiser.
Event: 2022 Victorian Bar Dinner
Date: Friday, 27 May 2022
Time: 7:00pm for 7:30pm start
Venue: Plaza Ballroom, 191 Collins Street, Melbourne
Dress: Black Tie
Click here to purchase your ticket.
If you did not receive an invitation, please contact events@vicbar.com.au.
Artist and sitter: In conversation with Bill Henson and the Hon. Kenneth Hayne AC QC
Date: Tuesday, 17 May 2022
Time: 6:00 PM - 7:00 PM
Venue: Peter O'Callaghan QC Gallery, Owen Dixon Chambers, 205 William Street Melbourne
Join the artist and the sitter as they offer their unique perspectives on the story of one portrait in the Victorian Bar’s collection housed in the Peter O’Callaghan QC Gallery.
Click here to register.
Cross-examine a barrister
Date: Thursday, 19 May 2022
Time: 1:00 PM - 2:00 PM
Venue: Zoom webinar
What is a barrister? Why do they get to ask the questions? Why do they represent people who are obviously guilty? Are they different from other types of lawyers? Why do they still wear 19th-century costumes?
Have you ever wanted to be the one to ask the tough questions to a barrister? Here is your chance to put those questions to a panel of barristers.
If you’d like to submit a question prior to the event please send it via this email bonnie@vicbar.com.au
Click here to register.
The Victorian Bar is offering members the annual flu vaccination in Owen Dixon Chambers East on 1 and 2 June 2022.
There are a limited number of appointments available to Bar members from iMedical, and they will be allocated on a first-in, first-served basis from next week.
The link to register will be included in next week’s In Brief.
The Annual General Meeting of the Women Barristers Association will be held on Wednesday, 1 June 2022 at 1:00pm by zoom here.
At the AGM, members will consider and deal with the accounts of the Association for the year ended 30 June 2020, elect Committee members including a Convenor, two Assistant Convenors, a Secretary, Assistant Secretary, a Treasurer and ordinary members of the Committee.
The Committee proper will transact other business of which it has been given 14 days notice in writing to the Committee with such notice to be delivered to the secretary, Shannon Finegan by email to Shannon.finegan@vicbar.com.au.
A copy of the Notice of the AGM, agenda, nomination forms and proxies will be emailed to WBA members shortly.
The Indigenous Justice Committee of the Victorian Bar invites Indigenous-identifying law students and law graduates to apply for its 2022 Mentoring Program.
The Mentoring Program matches successful applicants with two mentors (a barrister member of the Bar and a judicial officer). The Mentoring Program has been running for some years now, and the feedback has been positive. It is not meant to be onerous or intimidating but rather an opportunity for members of our communities to link in with members of the Bar and the Judiciary to suit the mentees. The aim is to assist mentees on their journey as legal professionals and provide those professional introductions and contacts that can prove beneficial as they progress with their chosen pathways. The application form can be found here.
Should members of the Bar or judicial officers wish to add their names to the pool of mentors, please email the Mentoring Program Coordinator at john.heard@vicbar.com.au.
To assist barristers and occupants in keeping up to date with your COVID responsibilities and legislative requirements, always refer to Staying COVIDSafe at BCL. If you test positive for COVID-19, please ensure you notify BCL and the Victorian Bar by completing the COVID-19 Assessment form.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and log into the VicBar website to view these events.
- Arbitration at the Accident Compensation Conciliation Service is on 12 May 2022 from 5:15pm-6:15pm. This CPD will cover the new Arbitration system, which will be in operation from January 2023, including the rationale for this system, how it will operate, impact on practitioners in the WorkCover jurisdiction, and what we know so far about how it will operate. This is an in-person event for Barristers only and will also be available online via live stream. Click here to register.
For more upcoming CPD events, please visit our listings here.
The Peter O’Callaghan QC Gallery is proud to participate in PHOTO 2022, a biennial celebration of photography taking place throughout Melbourne and regional Victoria from 29 April 2022 to 22 May 2022. This year’s theme is Being Human. In an Australian exclusive, Mohamed Bourouissa’s Peripherique and Shoplifters suites will be on display in the Gallery from Friday, 29 April 2022. Take a moment to admire these sensational works. You can read about the Peripherique and Shoplifters suites here.
Studio 11 is delighted to host and invite you to view its current exhibition, 50 Years as a Sculptor featuring works by Michael Meszaros OAM. The body of work comprises some 78 pieces. Some are for sale, which affords viewers a wonderful opportunity to acquire a piece of very collectable work. Meszaros has produced a large body of very recognisable work, both commissioned and for exhibition, ranging from major public works to small medals which feature in local and international collections. He has won prizes. His public works are in Melbourne, regional Victoria, interstate and overseas. The exhibition runs from 2 May to 24 June 2022. Please visit and enjoy it at your leisure.
Dear Essoign Club Members,
We are open daily from 7:30am – till late and Happy hour is back EVERY EVENING with $5 Beer and Wine from 5:00pm till close.
Breakfast - for dine-in or takeaway.
Lunch – Daily Café Menu take away or delivery.
Lunch Dine-In - A La Carte from midday.
Bar – EVERY EVENING - $5 Beer & Wine from 5pm 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.
The VicBar Choir invites you to join its group. A new term has commenced.
Time: 1–2:00pm, Wednesdays, via Zoom, unless otherwise notified.
Dates: The choir will meet for a 10-week term, starting from Wednesday, 4 May, to Wednesday, 29 June 2022.
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 payment form.
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!
Supreme Court of Victoria
The Supreme Court has published an operational update in light of eased COVID-19 restrictions.
The update outlines adjustments to COVIDSafe measures at the Court.
For up-to-date information about the Courts’ responses, please visit their websites:
The High Court Amendment (Fees and Other Matters) Rules 2022 were registered on 16 March 2022 and took effect on 1 May 2022. Click here for the Amendment Rules and an accompanying Explanatory Statement.
The Amendment Rules increase by 2.5% the amounts allowed in Schedule 2 of the Rules on the taxation of a bill of costs, in addition to the 0.97% increase deferred from the Joint Costs Advisory Committee’s Thirteenth Report on Legal Practitioners’ Costs (published in October 2020). The 2.5% increase, in addition to the 0.97% increase, will apply in respect of all work done and services performed by solicitors after 30 April 2022.
The Amendment Rules also repeal Part 43 of the High Court Rules 2004. As the Nauru (High Court Appeals) Act 1976 was repealed on 18 February 2022 by Schedule 3 of the Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022, Part 43 of the High Court Rules 2004 is repealed, as it is no longer required.
The Sentencing Advisory Council has released a new report examining how breaches of family violence intervention orders and safety notices (together, family violence orders) were sentenced in Victoria between 2011 and 2020. It is the third and final report the Council produced to assist the Victorian Law Reform Commission respond to its stalking terms of reference.
Key findings of the report include that from 2011 to 2020:
- there were 94,000 family violence safety notices issued by police, 295,000 family violence interventions orders issued by courts, 317,000 breaches of family violence orders recorded by police, and 113,000 breaches of family violence orders sentenced by courts.
- 87% of people sentenced for breaching a family violence order were male
- the imprisonment rate for breaches of family violence orders increased from 14% to 40%, largely due to courts imposing more short prison sentences (less than six months), especially time served prison sentences
- the rate of fines for breaches of family violence orders was fairly stable (about 20% each year)
- almost all family violence intervention orders were issued in the Magistrates’ Court (96%), while the other 4% were issued in the Children’s Court
- there was a significant increase in the number of breach offences recorded by police each year, up from 10,600 to 53,200
- 2% of all criminal cases sentenced in Victoria now involve a breach of a family violence order, up from 3.6% in 2011
The media release and report are available via the links below.
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 assist you with case research, database selection, and research strategies.
Find out more at lawlibrary.vic.gov.au.
“The Lawyers’ Guide to Thriving, Not Just Surviving” virtual summit, 17–19 May 2022
Bringing together a stellar cast of lawyers, coaches, well-being experts and psychologists, this summit by Coaching Advocates provides tools to help legal practitioners get more out of their careers and lives. Don’t miss the panel discussion, “BARriers to Entry and Exit: what’s it’s REALLY like before and after the Bar or the Bench”, with the Hon Wayne Martin AC QC, Dr Michelle Sharpe, Katie Hogan and Emma Fitzgerald. A 10% discount is available to members of the ABA, by using the coupon code BarTakeTen at checkout: click here for more information.
Please click here to view the flyer for the 2022 Sharwood Lecture in Church Law presented by Michael Shand AM QC.
Melbourne: 7:30pm, Wednesday, 18 May 2022
Sydney: 7:15pm, Wednesday 25 May 2022
This free, interactive webinar is designed to provide insights into the ALRC's Review of the Legislative Framework for Corporations and Financial Services Regulation.
What goes where? A comparative discussion of the legislative puzzle
Tuesday, 24 May 2022 at 4:30PM AEST
Join a panel of international experts from Hong Kong, NZ, Singapore and the UK to discuss regulatory design and the hierarchy of laws.
Date: Thursday, 26 May 2022
Time: 6:00pm for a 6:30pm start
Venue: Level 17, RACV City Club, 501 Bourke Street Melbourne
Register: monash.edu/louis-waller Limited places available
Please join Monash University and the Waller family for an evening to celebrate and pay tribute to the life and achievements of the late Emeritus Professor Louis Waller AO.
The late Professor Waller was a towering figure in the legal profession, academia, and the community. He was also instrumental in the creation of the Monash Law School and its rapid growth and success since its establishment.
He had a passion for justice, protecting individuals from injustice, defending the vulnerable, and law reform to achieve those ends. His leadership was also critical in the creation of IVF legislation in Victoria, the first of its kind globally.
This special evening will provide an opportunity for Professor Waller’s family, friends, and colleagues to come together and reflect on his esteemed life and achievements.
UNCITRAL National Coordination Committee for Australia invites you to attend its annual May Seminar, to be held at Norton Rose Fulbright, 60 Martin Place Sydney, as well as online on Friday, 27 May 2022, from 2:00pm to 5:00pm (AEST). This year we celebrate the 25th anniversary of the UNCITRAL Model Law on Cross-Border Insolvency 1997. The lecture will include discussions led by current and former members of the UNCITRAL Secretariat on the current work of UNCITRAL Working Group V and on the application and interpretation of the Cross-Border Insolvency Model Law. There will also be two panel discussions, one on the Model Law and another on lessons from recent work at UNCITRAL. For more details, including registration and the programme, please see the flyer here.
The highly anticipated Australian Law Awards is back for 2022, once again bringing you an unparalleled awards program recognising the professionals and firms propelling the legal industry forward.
Submissions are now open for this year’s ceremony. Take the first step to being recognised at a national level and build a reputation for excellence. Start yours today. Or nominate a dedicated peer for their chance to win.
We pride ourselves on executing a flawless program, awarding the individuals that have excelled over the past year and that have positively impacted the industry as a whole.
Click here to begin your submission.
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, 12th May 2022