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In Brief Issue #1056
13May
Last Friday, I met with Malcolm Harding SC, Chair of the Industrial Bar Association, to discuss the lack of in-person hearings being listed in that jurisdiction in Victoria. A number of barristers have separately raised with me that there appears to be some reluctance to return to in-person hearings in the Federal jurisdictions more generally and/ or inconsistent practices in relation to in-person hearings. The Bar Council continues to advocate with the heads of jurisdiction for consistency in the return to in-person hearings as the default position for all trials and appeals and, more generally, for a return to in-person hearings.
The Common Law Division of the County Court has released an updated Arrangements and Expectations during coronavirus (COVID-19) easing of restrictions protocol. The main change in the Protocol is the reinstatement of in-person hearings for all matters where there is contested oral evidence, no matter the length of the hearing. The changes come into effect on 16 May 2022. A copy of the protocol is available here.
Applications for Silk close next Friday, 20 May 2022. It is a requirement that all applicants complete a Sexual Harassment Awareness training course prescribed by Chief Justice Anne Ferguson. The Bar will conduct a course prior to the announcement of the Silks for 2022, and I anticipate prior to 31 October 2022. The Bar will devise a mechanism by which applicants for silk will be able to inform the Court that they have completed the course.
Ticket sales for the Bar Dinner on 27 May 2022 close today, 13 May 2022. Over 500 tickets have been sold to date, so we are nearly at capacity. It should be a great night. Tickets can be purchased here.
On Tuesday Amanda Utt, Executive Director of the Bar and I attended the quarterly meeting with the Law Institute of Victoria’s President and CEO. Discussion centred around the anticipated introduction of mandatory reporting in respect of legal practitioners, which both arms of the profession continue to oppose.
On Wednesday, I attended celebrations for the 74th anniversary of the Independence of Israel. There were a number of members also in attendance.
This morning Vice President Darryl Burnett attended the Welcome ceremony for Magistrates Tim Greenway and Rohan Lawrence.
There are four Welcome ceremonies next week which members may wish to attend/ view online as follows:
- The Hon Justice Richard Attiwill of the Supreme Court on Tuesday, 17 May 2022 at 9:15 am
- His Honour Judge Daniel Holding of the County Court on Wednesday 18 May 2022 at 9:15am
- Deputy President Andrew Bell of the Fair Work Commission on Wednesday 18 May 2022 at 9:00am
- Magistrates Caroline Boult and Robert Stary on Friday 20 May 2022 at 9:00am.
Details of the welcomes are set out below.
Victorian Law Week will be held next week. The Bar is hosting two events, details to register are included in the notice below.
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.
Fair Work Commission
Deputy President Andrew Bell
A ceremonial sitting of the Fair Work Commission to welcome Deputy President Andrew Bell will be held on Wednesday, 18 May 2022, at 9:00am.
The Commission has COVID protocols in place, which will limit attendance to Speakers and invited guests only.
The Commission is currently upgrading its technology and, therefore unable to live-stream this event.
Supreme Court of Victoria
The Honourable Justice Richard Attiwill
A welcome sitting to mark the appointment of the Honourable Justice Richard Attiwill as a judge of the Supreme Court of Victoria will be held in the Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Tuesday, 17 May 2022 at 9:15 am
The ceremony will be live-streamed and available to watch remotely. Details will become available on the website when available.
County Court of Victoria
His Honour Judge Daniel Holding
A welcome sitting to mark the appointment of His Honour Judge Daniel Holding as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3, Level 3, 250 William Street, Melbourne on:
Wednesday 18 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.
Magistrates' Court of Victoria
Her Honour Magistrate Caroline Boult
His Honour Magistrate Robert Stary
A welcome sitting to mark the appointment of Her Honour Magistrate Caroline Boult and His Honour Magistrate Robert Stary will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 20 May 2022 at 9:00am
The ceremony will be live-streamed via Webex here due to limited court numbers.
14 days to go!
All members of the Bar and Judiciary are warmly invited to the Dinner on Friday, 27 May 2022, at 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, secure your spot today!
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.
The Supreme Court announced that applications for Senior Counsel for 2022 are now open. Applications for appointment in 2022 will close on Friday, 20 May 2022, at 5.00pm.
Information for members considering applying for silk includes:
- A message from the Chief Justice of Victoria to Applicants for Senior Counsel; and
- A summary of instructions and information on the application process.
If you have any questions about the application process, including how to fill in your application form or if you would like to have a confidential discussion about making an application, please send an email to silk@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 before 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.
Bookings must be made online via the iMedical website. Instructions on how to book are here. You must be logged into the VicBar website to download the instructions.
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.
If you cannot or do not wish to come into the city, consult your GP or local chemist about receiving the vaccination. The government provides free vaccinations to some individuals. If you cannot or do not wish to come into the city, consult your GP or local chemist about receiving the vaccination. The government provides free vaccinations to some individuals.
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.
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.
- The use of legal academic work in and by the Court: An introduction to Scholarship for the Legal Community is on 16 May 2022 from 5:15pm-6:15pm. In this CPD, the presenters will explain the origins of the online platform, introduce the platform and make some observations about how it may be used by counsel and the Courts. This is an in-person event and will also be available online. Click here to register.
- Practice Development - Insurance Law is on 17 May 2022 from 5:15pm-6:15pm. This is part of a new series of presentations on practice development, aimed at barristers who are keen to diversify their practices and to gain experience in new practice areas. This is your opportunity to hear from experienced members of our Bar on practising in insurance law. This is an in-person event for Barristers only and will also be available online via livestream. Click here to register.
- Particulars: How to avoid Embarrassment is on 23 May 2022 from 5:15pm-6:15pm. This will be a panel presentation on some common pitfalls and perils in particularising pleadings and how best they may be avoided. This is an in-person event and will also be available online via livestream. Click here to register.
- Practice Development - Sports Law is on 24 May 2022 from 5:15pm-6:15pm. This is part of a new series of presentations on practice development, aimed at barristers who are keen to diversify their practices and to gain experience in new practice areas. This is your opportunity to hear from experienced members of our Bar on practising in sports law. This is an in-person event for Barristers only and will also be available online via livestream. Click here to register.
- Trusts and income tax after Guardian and Carter is on 25 May 2022 from 5:15pm-6:15pm. This session will explain the significance of two recent decisions and seek to draw out the implications of these decisions in future disputes. This is an in-person event and will also be available online via livestream. Click here to register.
- 2022 Common Law Update -News Headlines and Catch up is on 26 May 2022 from 5:15pm-6:15pm. This seminar will provide an overview of recent developments and trends in three areas of personal injury claims – police torts/ Wrongs Act, medical negligence and TAC /Workcover. This is an in-person event and will also be available online via livestream. 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 displayed 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 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 to 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
Deadly Distraction: Why Death Penalty is not the Answer to Rape in South Asia
Please join the Anti-Death Penalty Asia Network (ADPAN), Eleos Justice and SAME Network to launch our report, which examines the use of the death penalty for rape in four South Asian countries. Moderated by Chow Ying Ngeow, please join us for this report launch on Thursday, 19th of May.
Register here: Deadly Distraction: Why Death Penalty is not the Answer to Rape in Sth Asia
Louis Waller AO Tribute Event
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.
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.
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, 19th May 2022