In Brief Issue #1059

3Jun
Róisín Annesley QC
President

Last Friday, more than 520 members attended the 2022 Bar Dinner at the Plaza Ballroom.  The night was a wonderful celebration of the achievements of so many members, with particular focus on those members who have been in continuous practice at the Bar for 45 years.  I wish to thank Jaclyn Symes MP, Attorney-General for the State of Victoria and the Honourable Justice William Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia, for their respective addresses, which were both entertaining and thoughtful.  I also wish to thank the Bar office for their hard work in making the night a great success. Photos of the evening can be viewed here.

On Saturday morning, I attended the quarterly meeting of the Australian Bar Association. The discussion was broad-ranging, including, amongst other things: the return of the annual ABA conference; and possible amendments to the Uniform Law (Barristers Rules) in respect of Rule 101A and record-keeping for direct access matters. The Silk Bows for senior counsel appointed in 2020 and 2021 will be held in the High Court of Australia on 10 October 2022.

On Tuesday, I had the privilege of delivering welcomes on behalf of the Bar for Justice O’Meara of the Supreme Court and Judges Glass, Burt and Mansini of the Federal Circuit and Family Law Court. The ceremonies were well attended and very happy occasions for the judges, their families and the profession.

On Wednesday, I attended both the launch of the renewed Reconciliation Action Plan and the WBA Leaps and Bounds cocktail evening. Both events were well attended.

Tonight, I will be attending a Farewell dinner in the Essoign Club for the Honourable. Geoffrey Nettle AC QC to mark his retirement from the High Court of Australia and celebrate his outstanding contribution to the legal profession.

I regretfully acknowledge the death of the Honourable Sir Gerard Brennan AC KBE QC on Wednesday, 1 June 2022. Sir Gerard made a remarkable contribution to justice and the legal profession, serving on the High Court of Australia for 17 years and three years as Chief Justice. Funeral details will be announced when known.

This weekend marks the official celebration in the United Kingdom and around the Commonwealth of the Platinum Jubilee of Her Majesty Queen Elizabeth II. I respectfully refer to and repeat the words of Governor-General, His Excellency, General the Honourable David Hurley AC DSC(Retd):

“It is remarkable to think that 70 years ago, aged just 25, Her Majesty ascended to the Throne and began her remarkable reign. It is a time to celebrate her service, commitment and passion for the people of Australia and the Commonwealth.

Special General Meeting

A Special General Meeting of the Victorian Bar will be held at 5:00pm on Thursday, 16 June 2022, in the Neil McPhee Room, Level 1, Owen Dixon Chambers East, for the purpose of amending the Constitution of the Victorian Bar Incorporated. Proxies must be received by 5:00pm, Wednesday, 15 June 2022. Please see the detailed information pack here.

Practising Certificate – Renewal

A reminder to Members who wish to continue practising from 1 July 2022 must renew their Practising Certificate before 30 June. Members who renew after this date may incur a late renewal surcharge from the LSB+C. Members ought to have received an email with details on how to renew their practising certificate.  If you have not received an email, please contact Bar Office.

Welcome ceremonies

Members may wish to attend or view online the following ceremonies next week:

Tuesday

9:15am - A welcome sitting to mark the appointment of the Hon. Justice Amanda Fox as a judge of the Supreme Court of Victoria.

4:30pm -  A farewell ceremony to mark the retirement of Judge Phillip Coish from the County Court of Victoria.

Thursday

9:15am - A welcome sitting to mark the appointment of Her Honour Judge Maria Tsikaris as a judge of the County Court of Victoria.

Please see below for details.

Róisín Annesley QC

Vicbar News & Events
Practising Certificates - renew before 30 June

Members must renew their PC before 30 June to continue to practise on 1 July. Members who renew after this date may incur a late renewal surcharge from the LSB+C.

The deadline for renewing your PII premium was 31 May 2022, and if you have not already done so, please renew online here.

Information on renewing practising certificates can be found on the VicBar website here.

Links for online lodgement, which can be found on the above webpage, will be available from the LSB+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, or you can contact the Bar office for assistance). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form.

Once you have completed the renewal process, you will receive an email from the LSB to confirm that your PC has been issued. You will then be able to download it via LSB Online.

If you experience technical difficulties with LSB online, please contact the VLSB+C via their lawyer enquiry form in the first instance. 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 7111.

Welcome and Farewell Ceremonies

Supreme Court of Victoria

A welcome sitting to mark the appointment of the Honourable Justice Amanda Fox 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, 7 June 2022 at 9:15am.

The ceremony will be live-streamed and available to watch remotely. Details will become available on the website when available.

 

County Court of Victoria

A farewell ceremony to mark the retirement of the Judge Phillip Coish as a judge of the County Court of Victoria will be held at Ceremonial Court 3.3 on Level 3 of the County Court on:

Tuesday, 7 June 2022 at 4:30pm

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.

 

A welcome sitting to mark the appointment of Her Honour Judge Maria Tsikaris as a judge of the County Court of Victoria will be held in Ceremonial Courtroom 3.3, Level 3, 250 William Street, Melbourne on:

Thursday, 9 June 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. Details will be available on the Victorian Bar website.

Special General Meeting of the Victorian Bar Inc - 5:00pm Thursday, 16 June 2022

A Special General Meeting of the Victorian Bar will be held at 5:00pm on Thursday, 16 June 2022, in the Neil McPhee Room, Level 1, Owen Dixon Chambers East, for the purpose of amending the Constitution of the Victorian Bar Incorporated.

The Bar Council proposes a change to the Constitution aimed at ensuring that barristers who are of not less than 15 years standing but not Senior Counsel will have permanent representation on Bar Council of at least two members.

The following documents are provided: 

1. Notice of the Special General Meeting of the Victorian Bar Incorporated, attaching:

    a. June 2022 draft Constitution (53 pages).

    b. Explanatory memorandum attaching proposed amendments and an analysis of Category A members on Bar Council from 2000 to 2022 (7 pages).

    c. Proxy form prescribed by the Bar Council (1 page).

Members must be logged in to the website to view these documents.

Proxies must be received by 5:00pm, Wednesday, 15 June 2022.

The Victorian Bar’s Reconciliation Action Plan Launch

On Wednesday, 1 June, the Indigenous Justice Committee officially launched the Victorian Bar’s third Reconciliation Action Plan (RAP) Innovate at an event in the Neil McPhee Room. The RAP is available on the Bar’s website and runs until 2023.

Attendees were privileged to experience a moving and personal Welcome to Country from Wurundjeri Gunnai Kurnai Elder Uncle Ringo Terrick and to hear insights from Victoria’s Commissioner for Aboriginal Children and Young People and Yorta Yorta woman, Meena Singh, about current challenges in the justice system faced by Aboriginal children and young people. Co-Chairs of the Committee, Anne Sheehan and Timothy Goodwin, also spoke about the importance of the Bar’s genuine commitment to Reconciliation, including efforts to increase the number of Indigenous Australian members at our Bar. The Committee sincerely thanks Bar Office Staff (Kai Li Zhu and Roisin Ryan) for their many efforts with the RAP launch.

The Committee also unveiled beautiful portraits of current and former Indigenous Australian members of the Victorian Bar that have been positioned in the Conference Room on Level 1, Owen Dixon Chambers East. The Committee encourages everyone to view these portraits and expresses its sincere gratitude to Serena Armstrong (a member of the Committee) and Siobhan Ryan S.C., Chair of the Arts and Collections Committee (and its membership), for their redoubtable efforts to organise these portraits during COVID-19 restrictions.

The RAP launch was recorded and will be available to members as part of the Bar’s Continuing Professional Development Catalogue. On the 30th Anniversary of Mabo v Queensland (No 2) (1992) 175 CLR 1 and National Reconciliation Week, the Committee encourages Bar members to familiarise themselves with the RAP and to take positive and proactive steps to assist the Bar in effectively implementing it overall.

Students take climate action fight to Court: the Sharma case

The Student Engagement Committee has organised a webinar panel discussion with three barristers who will discuss how eight students (and a nun) took the Federal Environment Minister to Court on climate change and the implications of this landmark decision for Australia’s future.

The webinar will take place on: 20 June 2022, 12:00pm - 1:00pm.

If you would like to attend, click here to register.

BCL updates

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.
Victorian Bar member CPD and events

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.

  • Common Law Barristers - Strengthening your practice the Post Covid Era is on 7 June 2022 from 5:15pm-6:15pm. In this seminar, the panel will address the current challenges common law barristers face in the evolving Post Covid landscape. This is an in-person event only and will not be recorded. Click here to register.
     
  • Practical issues relating to the privilege against self-incrimination in tribunal proceedings is on 9 June 2022 from 1:00pm-2:00pm. The CPD will explore how the privilege against self-incrimination applies in tribunal proceedings and practical issues for lawyers dealing with clients and witnesses to whom that privilege applies. This in-person event will also be available online via live stream. Click here to register.

For more upcoming CPD events, please visit our listings here.

Vicbar Life
BottledSnail Productions opportunity

BottledSnail Productions is looking for singer-actor-dancer-performers for a new musical theatre workshop of a comedy musical set to a jazz/funk/pop score about the adventures of a naïve woman on the Dark Web.

Open auditions: Saturday, 11 June, Sunday, 12 June and 18 June 2022 (LIV, Owen Dixon Chambers)

Rehearsal dates: Sundays from 26 June until the show, Thursday evenings (LIV, Owen Dixon Chambers)

Performance week: Monday, 29 August to Sunday, 4 September 2022 (Chapel Off Chapel, South Yarra)

Details here.

Studio 11 – Michael Meszaros OAM sculpture exhibition

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.

The Essoign Club

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.

Member Benefits portal for Bar members

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.

Practice & Profession News
Commonwealth and Victorian Courts' COVID updates

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.
Court Services Victoria (CSV) update on the Case Management System (CMS) Project

Court Services Victoria (CSV) has provided the following update on the Case Management System (CMS) Project for your information.

The new CMS will strengthen the ability to capture and share critical information as appropriate across the justice sector.

CMS is the platform for transformation, which will modernise how stakeholders and the public engage with the court and experience the justice process from electronic filing to transmission of critical information, enhancing safety and access to justice while promoting efficiency.

Benefits from the Project’s first release – eDocs – which commenced in November 2020 and allows external court users to securely file documents digitally with courts via a web portal, have already been seen.

In 2021, the Project focussed on the build of the civil release, which is an important first step in responding to the findings of the Royal Commission into Family Violence and will expand on the benefits and efficiencies delivered by eDocs.

CSV advise that the release for the civil jurisdiction of the CMS is expected to be delivered in August 2022, followed by the Child Protection release in March 2023.

Work on the CMS release for the criminal jurisdiction is underway, and a release focused on Intervention Orders to address Family Violence/PSIVOs will follow.

If you have any queries regarding the CMS Project and release dates, please don’t hesitate to contact CMS Project. You can email cms.project@courts.vic.gov.au.

Updated online sentencing statistics for over 500 offences in the Magistrates’ Court of Victoria

Today, the Sentencing Advisory Council has released new sentencing data for the Magistrates’ Court of Victoria on SACStat, the Council’s online offence database. The new data covers sentencing outcomes in the three years to 30 June 2021 for over 500 offences dealt with in the Magistrates’ Court.

An offence requires a minimum of 40 sentenced charges over the three-year reference period to be included in SACStat’s Magistrates’ Court data.

SACStat also continues to present data for over 250 offences sentenced in the higher courts of Victoria in the five years to 30 June 2020.

Sentencing Summary Reports for Magistrates’ and Higher Courts

SACStat includes short narrative reports summarising sentencing outcomes for all offences displayed in the Magistrates’ Court and for offences in the higher courts where at least ten people received imprisonment for the case. The summaries can be printed and are easily accessible on tablets and smartphones.

SACStat User Guide

The Sentencing Advisory Council has also published a two-page user guide with handy hints on using SACStat, including a summary of the counting rules for the data.

 

More detailed resources can be found on the SACStat website: About SACStat, How to Use SACStat’, ‘Technical Notes’ and ‘Glossary’.

SACStat can be accessed free of charge from the Council's website.

Digital Bar Library

Victorian Barristers can access key Thomson Reuters resources through the Digital Library - powered by Law Library Victoria. These resources can be accessed remotely, no matter where you are working. Titles include:

  • Lawyers Practice Manual: A procedural guide that deals with the everyday questions of legal practice and procedure. The manual is narrative in style and is divided into 16 distinct areas of practice according to the subject.
  • Victorian Courts: Practical commentary on legislation and case law with forms, costs, practice notes, practice directions and key legislation for each jurisdiction
  • The Laws of Australia: A complete library of legal principles covering over 330 topics and every Australian jurisdiction
  • Westlaw AU unreported judgments: Latest unreported judgments from around Australia, including the High Court, Federal Court, and State Supreme Courts.

These titles (and many more) are available now with your Library website login. If you haven’t set up a login yet, register here.

Free to Victorian barristers + 100% digital + available 24/7.

Profession CPD & Events
Upcoming Monash events

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

 

Fiat Justitia Lecture: Without Fear or Favour

Please join the 2022 Fiat Justitia Lecture via webinar presented by Monash Law and delivered by the Honourable Justice Sarah Derrington. This webinar lecture will explore to what extent the judicial oath of office is still sufficient for the modern judiciary to maintain the public’s confidence in the judicial process.
Please register here: Fiat Justitia Lecture: Without Fear or Favour.

Invitation: ALRC Financial Services Legislation Webinar - 17 June 2022

What we’ve heard and where to next
Feedback on Interim Report A of the Financial Services Legislation Inquiry.

Friday 17 June 2022 at 1:00pm AEST
Attendance available online or in-person at the Federal Court of Australia in Perth.

This free, interactive webinar is designed to provide insights into the ALRC's Review of the Legislative Framework for Corporations and Financial Services Regulation.

Register to attend here.

Pacifica Congress: Annual Conference 7 to 9 July 2022 Brisbane BCEC

Pacifica Congress, formerly the AFCC (Australian Chapter), is holding its’ annual conference in Brisbane from 7 to 9 July this year. This organisation is the leading multidisciplinary group for Family Law professionals across the legal and social science fields. The program for this year’s conference will be up to or exceed the standard of previous conferences. It is the ‘go to’ conference for those counsel who do, or need to know, parenting cases.

The program can be viewed here.

Careers & Opportunities
HIV/AIDS Legal Centre (VIC) (‘HALC’) volunteer position

The HIV/AIDS Legal Centre (VIC) (‘HALC’), a service of Thorne Harbour Health, is looking for someone to undertake an important volunteer role.

We are looking for a solicitor or current law student to volunteer as the Coordinator of the service and lead a team of paralegals at our centre in South Yarra.

Expressions of interest should be addressed to legal@thorneharbour.org, including a current resume and cover letter.

Successful candidates will be notified by email whether they have progressed to an interview.

In Brief submissions

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, 2nd June 2022