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In Brief Issue #1057
20May
Applications for appointment as Senior Counsel in 2022 will close today, Friday, 20 May 2022, at 5:00pm.
The Bar has been a hive of activity this week, and it is pleasing to see the return of many in-person events.
The Bar hosted two events as part of Law Week. On Tuesday, Daniel Kinsey facilitated a fascinating discussion about the creation of the portrait between Bill Henson and the Hon Kenneth Hayne AC QC. The event was well attended, and I thank Siobhan Ryan SC and the Arts and Collections Committee for their work in organising this event. On Wednesday, there was a virtual webinar, Cross-examine a barrister, which drew a diverse audience. I thank all members who organised the event, particularly, the facilitator Clive Madder and the presenting panel Shivani Pillai, Gabi Crafti and Daniel Nguyen.
There was also a host of welcome ceremonies this week. On Tuesday, I had the privilege of welcoming the Hon. Justice Richard Attiwill to the Supreme Court of Victoria; on Wednesday, Vice President Charles Shaw QC welcomed Judge Daniel Holding to the County Court, and I welcomed Deputy President Andrew Bell to the Fair Work Commission. This morning Vice President Darryl Burnett attended the welcome ceremonies for Magistrates Boult and Stary.
On Wednesday evening, Bar Council member Maria Pilipasidis attended an information session with Magistrate Goldberg – Head of the Civil Division in the Magistrates’ Court. The session was to inform practitioners in relation to the Magistrates' Court (Miscellaneous Civil Proceedings) (Industrial Division Amendment) Rules 2022, which introduced procedural changes to the Industrial Division’s civil jurisdiction. Practice Direction No. 4 of 2022 is attached here.
On Thursday evening, the September 2021 Readers celebrated the conclusion of their reading period with their mentors with a dinner in the Essoign Club. It was a happy occasion for the new barristers. Unfortunately, many of these new barristers are yet to appear in a physical courtroom. Hopefully, with the increased momentum to return to in-person hearings across all jurisdictions, they will not be denied that opportunity for much longer. I wish them luck for a successful career at the Bar.
Also on Thursday evening, as part of In-House Counsel Month 2022, CommBar together with the Association of Corporate Counsel hosted a panel discussion in Neil Mcphee room, as to the perils and pitfalls that in-house counsel can encounter when faced with litigation. The panel was chaired by Meg O'Sullivan SC and comprised Douglas Gration and Michael Thomas.
It is with regret that I advise members that Denise Bennett, the long-serving executive assistant to the President and the Bar Council has decided to resign in order to be able to travel more extensively on an annual basis. Denise has been a stalwart in the Bar Office for 17 years and has provided outstanding assistance to myself and those who held the office before me. On behalf of the Bar, I thank Denise for her excellent service to the Victorian Bar and wish her all the very best for her travels. It is hoped that Denise will return to the Bar Office to assist with project work when mutually convenient. I welcome Joseph McGregor as the new executive assistant to the President and Bar Council.
The Public Solicitors Office (PSO) in Honiara, Solomon Islands is seeking gowns and wigs for their lawyers. Should you wish to donate a wig or a gown, please drop the donations at the Victorian Bar office on Level 5, Owen Dixon Chambers East by Friday, 27 May 2022. Any assistance would be greatly appreciated.
Next Thursday, there will be a ceremonial sitting of the County Court to welcome Judge Kate Hawkins. Members are welcome to attend in person. Please see the details in the notice below.
Next Friday I look forward to welcoming over 500 members and honoured guests to the 2022 Victorian Bar Dinner. The night will be one not to be missed.
Congratulations to Dr. Michael Wolff who on May 13, reached the summit of Mt. Everest, a truly remarkable achievement. Michael may well be the first member of the Bar to have achieved this extraordinary feat.
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
A welcome sitting to mark the appointment of Her Honour Judge Kate Hawkins 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 26 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.
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.
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 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 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 enables members working on pro bono matters to seek pro bono legal assistance from selected Monash University law students.
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.
Improved guest WiFi service in BCL buildings: New connection and instructions on how to provide WiFi for visitors in chambers
- This new service will be secured through a sponsored registration processes, meaning barristers will need to enrol visitors who require guest access to the BCL network.
- Click here to log in and follow the prompts to set up a user. Barristers need to be connected to the BCL network to access this link.
- Click here for instructions.
eBrief Ready’s Stephen Foley is running three complimentary ‘hands-on’ training sessions for any barristers who would like help to get started with electronic briefing. During the sessions you can ask Stephen any questions you may have about electronic briefing and receive hands-on support to get you up and running with the technology. The sessions will be held in the Neil Forsyth Room, Owen Dixon Chambers East from 1pm – 2pm Tuesday 24, Wednesday 25 and Thursday 26 May.
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.
- 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 will 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.
- Expert Evidence Workshop- The ability to work with expert witnesses is now a requirement for every area of practice. This workshop is a good opportunity to conference with, examine and cross examine expert witnesses in guided simulations. This is a three-day workshop and is suitable for barristers at all levels of seniority. Click here to register.
- Current challenges in the justice system faced by Aboriginal Children and Young People is on Wednesday, 1 June at 4:45 pm. To launch the Victorian Bar’s Innovate Reconciliation Action Plan, we are delighted to have as guest speaker Victoria’s new Commissioner for Aboriginal Children and Young People, Ms Meena Singh who will speak on current challenges in the justice system faced by Aboriginal Children and Young People. 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:
Barristers working remotely can access the Digital Library for expert legal content, with more titles recently added to Victoria's most authoritative legal collection. These eBooks are ready to access anytime, anywhere:
- Balkin & Davis Law of Torts – provides authoritative discussion and critical analysis of common law and statutory torts across all Australian jurisdictions.
- Transacting with Trusts & Trustees - discusses current practice for legal opinions in the Australian market and offers suggestions for the wording of opinions, assumptions and qualifications involving trustees and trusts.
Log in to the Library website to access the Digital Library. Register for a login here.
Appointment of Manager to the sole practitioner law practice of Francis Antony Maiolo trading as ‘Maiolo & Co
On 13 May 2022, the Victorian Legal Services Board (‘the Board’) resolved to appoint Ms Elissa Andreacchio as Manager of the sole practitioner law practice of the late Mr Francis Antony Maiolo, trading as ‘Maiolo & Co (‘the Law Practice’), pursuant to section 334 of the Legal Profession Uniform Law (Victoria) (‘Uniform Law’). The appointment is for a period of approximately six months, expiring on 14 November 2022, unless the appointment is extended or otherwise terminated in accordance with section 340 of the Uniform Law.
The Board determined to appoint a Manager because Mr Maiolo passed away on 26 April 2022 and the Board is satisfied that there is a need for an independent person to be appointed to take over professional and operational responsibility for the Law Practice.
Members of the Victorian Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please contact Ms Andreacchio on (03) 9470 1955 or by email at elissa@maiolo.com.au if you have any concerns about the payment of your fees.
Appointment of Manager to the sole practitioner law practice of Terence Thomas O’Brien trading as 'Terence T O’Brien'
On 12 May 2022, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Jeffrey L Dunemann as Manager of the sole practitioner law practice of the late Mr Terence Thomas O’Brien trading as ‘Terence T O’Brien’ (‘the Law Practice’), pursuant to section 334 of the Legal Profession Uniform Law (Victoria) (‘Uniform Law’). The appointment is for a period of approximately six months, expiring on 14 November 2022, unless the appointment is extended or otherwise terminated in accordance with section 340 of the Uniform Law.
The Board determined to appoint a Manager because Mr O’Brien passed away on 13 April 2022 and the Board is satisfied that there is a need for an independent person to be appointed to take over professional and operational responsibility for the Law Practice.
Members of the Victorian Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please contact Mr Dunemann on (03) 9888 3222 or by email at jeff@dslaw.com.au if you have any concerns about payment of your fees.
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.
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.
National Commercial Law Seminar Series
This seminar is a joint initiative of the Centre for Commercial Law and Regulatory Studies (CLARS), the Federal Court of Australia, the Commercial Bar Association of Victoria, the Victorian Bar and Monash University. Please join us in person and online on 2 June for this seminar, which will host a panel of experts unpacking the latest developments in the world of class actions. Register here: National Commercial Law Seminar Series
Mabo+30: Contemporary Perspectives on Justice for First Nations
Please join the Castan Centre for Human Rights Law to recognise 30 years since the Mabo No 2 decision in the High Court of Australia. Join us online as this panel brings together first nations and settler law academics who will explore the potential of Australian Law and the future of the legal relations between First Nations and the Australian State. Please Register here: Mabo+30: Contemporary Perspectives on Justice for First Nations.
CLARS - Law and Business Seminar Series: The Corporate Governance Machine
Please join Professor Dorothy S. Lund for this instalment of the CLARS Law and Business Seminar Series, discussing the "corporate governance machine', both its past and its future. Held online on Tuesday, 7 June. Register Here: The Corporate Governance Machine
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 LAWASIA Annual Conference, a live event to be held in Sydney, is on between 18 and 21 November 2022.
If you would like to propose a topic for consideration by the organising committee or would like the opportunity to speak at the conference, please don’t hesitate to contact the secretariat via email at lawasia2022@lawasia.asn.au.
Full time, fixed term until 6 January 2023
$102,637 + 10% super
Melbourne CBD, with some opportunities for working remotely
The successful candidate for this Senior Lawyer role will have a unique opportunity to contribute to the administration of justice in Victoria and to be a leading member of a small team providing expert legal and procedural support to judicial officers in order to promote just, efficient, timely and cost-effective resolution of proceedings.
As a Senior Lawyer, you will provide key pre-trial case management support to the judicial officers managing the Personal Injuries, Dust Diseases, Institutional Liability and Civil Circuit Lists of the Common Law Division and will supervise other legally and non-legally qualified staff who also provide such support. To be successful in this role, you will have at least three to four years' post-admission litigation experience.
For more information and to submit your application, please visit careers.vic.gov.au.
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, 26th May 2022