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In Brief Issue #1063
1Jul
Last Friday, the Victorian Bar Foundation Student Achievement Award winners for 2022 were announced alongside our partners Hume City Council. The Patron of the Foundation, the Honourable Justice Gordon AC congratulated the students and spoke of the opportunities available in the law to young people of all backgrounds who study hard, Darryl Burnett represented Bar Council on the evening. It was a happy occasion with many proud family members in attendance to enjoy the success of the students.
On the same evening, the Honourable Justice Middleton AM and I were honoured guests of the West Brighton Club at their annual Law Night, the first held in three years. The night was well attended by members of the judiciary from the Federal, Supreme and County Courts, many barristers and solicitors. It was a great celebration.
On Tuesday evening, I had the great privilege of being a guest of the Governor of Victoria, the Honourable Linda Dessau, AC and Anthony Howard AM QC at Government House for a community dinner. The purpose was to bring together Victorians from different backgrounds, professions, communities, religions and industries. It was a most entertaining and interesting evening.
On Wednesday evening, the Victorian Bar hosted the 2022 Asian Australian Lawyers Association William Ah Ket Scholarship launch event. The Hon. Michael Black AC QC delivered a very entertaining speech about William Ah Ket’s life as a barrister. The scholarship is awarded annually to the applicant who produces the most outstanding research paper on a topic relating to equality, diversity and the legal profession or the law. I encourage all eligible members to consider entering the competition. I extend my thanks to William Lye OAM QC, Chair of the William Ah Ket Scholarship Committee and committee member Michelle Sharpe for their work in organising and promoting the scholarship.
This week I received an update from the Victorian Bar’s appointed director to the Law Council board, Lachlan Molesworth, following the most recent quarterly board meeting in Darwin. The Law Council has, after much debate, appointed a new CEO, Dr James Popple, who has a distinguished career in the law and public service. As a constituent body, we were involved in these discussions and are very pleased with the outcome. Separately, the Victorian Bar has pushed for better reporting by the Law Council and renewing the previous practice of publishing an annual report for members on its activities and finances. I am pleased that an in-principle agreement has been reached for improved reporting, and I look forward to hopefully the first annual report in over eight years being published next year. I commend the current president and executive of the Law Council for this important governance work. The Law Council has also approved a budget for the coming financial year; unfortunately, there will be a modest raising of capitation fees by $7 for the 2022/23 year, which will be passed through to members. I thank Lachlan Molesworth for his continued outstanding representation of the Victorian Bar on Law Council.
The next Victorian Bar Pro Bono Awards Ceremony is scheduled for March 2023, and nominations for the 2023 awards are open until November 2022. If you would like to nominate yourself or a colleague, click here.
Róisín Annesley QC
Thank you to those members who have paid their subscriptions by the due date. If you have not paid your Subscriptions for the 2022-2023 Financial Year, we ask members to make payment of your subscription now. Please click here. If you have any questions relating to your subscription, please contact membership or call on 9225 8326.
The Attorney-General of Victoria has announced the appointments of two Deputy Chief Magistrates to the Magistrates’ Court of Victoria:
Her Honour Deputy Chief Magistrate Susan Wakeling (Re-appointment)
His Honour Magistrate Timothy Bourke
These appointments are effective as of today.
Magistrates’ Court of Victoria
A welcome sitting to mark the appointment of Her Honour Magistrate Robyn Hamilton and His Honour Magistrate Mark Sabljak will be held in Courtroom 1, Magistrates’ Court of Victoria on:
Friday, 8 July 2022 at 9:00am
The ceremony will be livestreamed via Webex due to limited court numbers here.
NAIDOC Week celebrations are held across Australia in the first week of July each year (Sunday to Sunday). To celebrate and recognise the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. NAIDOC Week is an opportunity for all Australians to learn about First Nations cultures and histories and participate in celebrations of the oldest, continuous living cultures on earth. You can support and get to know your local Aboriginal and/or Torres Strait Islander communities through activities and events held across the country. For more information about which events you can attend, click here.
The Annual General Meeting of the Women Barristers Association will be held on Monday, 25 July 2022, at 1:00pm in the Bar Council Chamber, first floor, Owen Dixon East.
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.
Ethics Committee Bulletin No. 1 of 2022 – Judicial Officers and Social Events
Click here to download Ethics Committee Bulletin No. 1 of 2022
Ethics Committee Bulletin No. 2 of 2022 – Amendment to the Legal Profession Conduct (Barristers) Rules 2015
Click here to download Ethics Committee Bulletin No. 2 of 2022
The Bar Library Committee is pleased to report that the Bar Library, and the Law Library of Victoria, of which it is now part, are once again offering a full range of services to members of the Victorian Bar.
The Richard Griffith Library, on Level 1 of Owen Dixon Chambers East, is accessible to members 24 hours a day, seven days a week, with the use of members’ security passes. In addition to an extensive range of law reports and the latest textbooks, the Richard Griffith Library has three computer terminals through which all material available to Justices of the Supreme Court of Victoria in the Supreme Court Library are also available to members of the Bar. Electronic copies of law reports and other materials can be emailed to members’ email accounts from those terminals, and hard copies can be printed on a printer in the library for a modest fee.
To assist members with the use of the three Richard Griffith Library terminals and with research more generally, Nadine Mann, Reference Librarian Law Library of Victoria, will be in attendance in the Richard Griffith Library on Wednesday mornings, from 9:00am to 11:00am, whilst Alissa Duke, Reference Librarian Law Library of Victoria, will be in attendance to provide such services on Thursdays from 1:00pm to 3:00pm.
A more limited range of materials and resources are available to Bar members (who have registered with the site) - from any computer, tablet, smartphone and location - through the Law Library of Victoria’s website at www.lawlibrary.vic.gov.au. This includes, but is by no means limited to:
- Victorian legislation
- Commonwealth legislation
- Westlaw Unreported Judgments
- The Laws of Australia
- Lawyers Practice Manual
- Law of Misleading or Deceptive Conduct (2019) 5th ed
- Encyclopaedic Australian Legal Dictionary
- Commonwealth Sentencing Database
- Balkin and Davis Law of Torts (2021) 6th ed
- Australian Law Reform Commission Reports
- Scholarship for the Legal Community (curated academic articles hosted by the Judicial College of Victoria)
- English Reports (HeinOnline)
and much, much more.
If you have not already done so, register with the Law Library of Victoria at www.lawlibrary.vic.gov.au to enjoy these extensive and convenient resources.
The Bar Library Committee is also pleased to report that the Supreme Court of Victoria Library is now open from 9:00am to 5:00pm on weekdays to all members of the Victorian Bar. The computer terminals in the Supreme Court of Victoria Library have been reinstated, recognising that their availability is important for members appearing as counsel in the Supreme Court, as well as for instructing solicitors - particularly when that last-minute authority is needed on the way to Court! Further, the photocopying room in the Supreme Court Library is again open to members of the Victorian Bar to make black-and-white photocopies at no cost (subject to compliance with the copyright laws).
Members of the Bar Library Committee look forward to seeing members in the Richard Griffith Library and are happy to discuss the collection and possible future acquisitions with members.
Dr Paul Vout QC Belinda Schembri
Chair Library Reference Service
Bar Library Committee Law Library of Victoria
22 June 2022
Nominations for the next Victorian Bar Pro Bono Awards are still open.
The next Victorian Bar Pro Bono Awards Ceremony is scheduled for March 2023, and nominations for the 2023 awards are open until November 2022.
If you are aware of barristers who are making an outstanding contribution representing parties on a pro bono basis, please consider making nominations throughout the nomination period.
For more information or to submit a nomination, click here.
Information about the Awards includes a short video featuring the Honourable Chris Maxwell AC, President of the Victorian Court of Appeal, explaining how pro bono assistance provided by barristers makes a difference to vulnerable people in our community. The Pro Bono Committee is grateful to Michael Rivette, barrister and past Deputy Chair of the Pro Bono Committee and past Chair of the Communications Committee, for all his hard work in creating this excellent video.
Members are reminded that information about how you can get involved in the Victorian Bar’s Pro Bono Schemes is available on the Pro Bono page of the members’ website here.
- Are you travelling overseas soon? Set up Multi-Factor Authentication through BCL to help keep your data secure. Click here to read the latest communication and tips for when travelling overseas.
- COVIDSafe at BCL. The COVIDSafe at BCL web page has now been refreshed to provide information on what we are now doing in addition to healthy building improvements. We are focusing on areas such as air filtration and monitoring benefits to ensure we have measures in place for BCL-owned buildings, and we are also continuously working with the building managers (and their advisors) of our leased buildings. Click here to see what we are doing and what you need to do in the event of a positive COVID-19 result.
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.
- Tips for Using Jade, Austlii and Lawlex is on 7 July 2022 from 5:15pm-6:15pm. Discover how to improve your legal research skills with tips from Belinda and Alissa from the Law Library Victoria. They will demonstrate both simple and advanced searches of Jade, AustLII and Lawlex to locate relevant information efficiently. This is an in-person event and will also be available online via livestream. Click here to register.
- Trial Series 3: Jury Directions Act 2015 is on 11 July 2022 from 5:15pm-6:15pm. The Jury Directions Act 2015 requires trial counsel to request that the jury be given particular directions. Hear from our experienced panel about directions commonly requested by both ends of the bar table and an invaluable perspective from the bench. This is an in-person event and will also be available online via livestream. Click here to register.
- LGBTIQ Law Reform: General Update is on 12 July 2022 from 5:15pm-6:15pm. The LGBTIQ Working Group of the Equality and Diversity Committee is proud to present a panel discussion from expert barristers about recent initiatives, with insightful commentary on potential future litigation trends. This is an in-person event and will also be available online via livestream. Click here to register.
- Class Closure Orders in 2022 (post-Haselhurst and Boral): Principles and Practice is on 14 July 2022 from 5:15pm-6:15pm. The CPD will give a historical understanding of the approach of the courts to the recurring issue of ‘closing’ open class actions and examine recent developments in principles and practice following the decisions of the Court of Appeal of the Supreme Court of NSW in Haselhurst v Toyota Motor Corporation (2020) and Wigmans v AMP Ltd (2020), and the decision of the Full Federal Court in Parkin v Boral Ltd (Class Closure) (2022). This is an in-person event and will also be available online via livestream. Click here to register.
- Important rules of evidence which all barristers should know is on 19 July 2022 from 5:15pm-6:15pm. This seminar, by a renowned evidence expert, will seek to identify and explain, clearly and simply, those fundamental rules of evidence which all barristers should know. This seminar will be of use to all barristers but will be of particular use to the less experienced members of the Bar. This is an in-person event only. Click here to register.
For more upcoming CPD events, please visit our listings here.
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.
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.
Application fees are payable in the Administrative Appeals Tribunal in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015 and the Migration Regulations 1994. The amounts of these fees will increase on 1 July 2022.
General, Freedom of Information, Security, Taxation & Commercial and Small Business Taxation Divisions
From 1 July 2022, the standard application fee that may be payable will be $1,011. The lower application fee payable for lodging certain taxation applications will be $100. The lower application fee payable for lodging certain small business taxation decisions will be $543.
There is no change to the $100 fee that is payable if a person is eligible to pay a concessional fee rather than a standard application fee.
Migration and Refugee Division
From 1 July 2022, the fee for the review of a protection visa decision will be increased to $1,940.
The fee for other merits review applications in the Migration and Refugee Division, where a fee is payable, will increase to $3,153. In cases where a 50% fee reduction is granted, the reduced fee will be $1,576.50.
If you have any questions about the change to the fees, please contact our Legal and Policy Section on (03) 9454 6145 or by email to legalandpolicy@aat.gov.au.
Law Library Victoria has librarians onsite at the Richard Griffith Library every week. Our librarians can introduce you to expert commentary, guide you to practical resources, and connect you to the right information.
Barristers can contact the Library any time via the website contact form.
Staffed hours at the Richard Griffith Library are:
• Wednesdays 9:00-11:00am
• Thursdays 1:00-3:00pm
The Law Library offers the best of both worlds: 24/7 digital access + personalised support.
The Legal Services Council June newsletter is available here.
Researching Tort Law in Australia: Emerging Voices, Fresh Perspectives
Monday, 11 July 2022
Please join this webinar and hear from new and emerging voices in Australian tort law scholarship presented by Monash Law. Through the format of a workshop, this event accommodates a talented range of professional academics, including distinguished international scholar Professor Claudio Michelon, University of Edinburgh. This workshop seeks to facilitate conversation between a range of new and emerging scholarly voices in the field of tort law research.
Please register here.
Castan Centre - Human Rights Law Conference
Friday, 22 July 2022
Please join us for the annual Human Rights Law Conference presented by the Castan Centre for Human Rights Law. As the leading human rights conference in Australia, this event provides a vital health check on the state of human rights in Australia and overseas. Join us online via webinar on the 22nd of July.
Please register here.
China: Execution by Organ Removal by Eleos Justice
Thursday, 28 July 2022.
Join us for this topical webinar presented by Eleos Justice in partnership with Capital Punishment Justice Project. China is the world’s largest executioner, and while exact figures remain a state secret, it is estimated that thousands of executions are carried out each year. In this seminar, we speak with Matthew Robertson, whose recent research provides evidence of physicians in China participating in executions by organ removal. Please join us online via webinar on Thursday, 28 July.
Please register here.
Mark Weinberg AO QC will present the 2022 HAL Victorian Chapter Oration on The Investigation and Prosecution in Australia of Alleged War Crimes, 21 July 2022, 5:30pm for 6:15pm-7:15pm.
Cost: HAL members $30, non-members $40
Drinks & finger food from 5.30pm.
Click here for the flyer and to register.
Thursday, 28 July 2022 – 5:15pm-6:15pm
Topic: Recent Developments in Admiralty: here and abroad
Justice SC Derrington AM, Justice Stewart
Chaired by Justice Rares
Click here to view the flyer for more information and for the link.
The Australian Bar Association, the peak national body representing more than 6,000 barristers throughout Australia and established in 1963, is seeking to engage a motivated senior Executive Assistant to provide support to the President and CEO to further the work of the organisation.
Applications close on 22 July 2022 and should be emailed to CEO@austbar.asn.au.
Further information about the role is also available by emailing CEO@austbar.asn.au.
Click here to view the flyer with more information.
Monash Law is one of Australia's largest and most dynamic law schools. We invite Expressions of Interest in working with our team of experienced educators and leading academics.
As a casual (sessional) academic staff member, you are an important part of the faculty’s teaching program. You will assist the Law Faculty in maintaining high quality in teaching and learning, satisfy students’ learning requirements for units and courses, and increase flexibility in subject offerings.
You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience and have the capability to work within our teaching teams. Casual work may be available in lecturing, tutoring and marking in private and public law units and clinical offerings.
Please contact us via the Expression of Interest portal.
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, 7th July 2022