In Brief Issue #1067

29Jul
Róisín Annesley QC
President

On Wednesday, Charles Shaw QC, Amanda Utt, and I attended the bi-monthly meeting with the Victorian Legal Services Board (VLSB) CEO Fiona McLeay. The matters discussed included the anticipated funding by the VLSB to the Victorian Bar; a review post practising certificate renewals of the effectiveness of the process; and an update in respect of the proposed mandatory reporting by the legal profession as recommended by the Royal Commission into the Management of Police informants.

The State Government has changed the process in respect of appointing directors to the VLSB. Previously those interested in being a director of the VLSB would stand for election. The process has now changed to a nomination process and decision by the Attorney-General. Accordingly, the Bar Council calls for expressions of interest from members who wish to be considered for nomination for appointment to the VLSB. The expressions of interest close on Friday, 12 August 2022. The position description is in the notice below. 

The Bar Council is responsible for the conduct of the Readers’ Course. Current issues before Bar Council in respect of the Readers’ Course include the waiting list to obtain a place in the course after successfully passing the exam; the cost of the course; the accessibility of the course; the length of the course; succession, and continuity of presenters.  As members would appreciate, Bar Council cannot sensibly consider any or all of those matters in a vacuum. In the lead-up to the September 2022 Readers’ Course, there has been a review of the course both by the Readers’ Course Review Working group (as is usual) and a sub-committee of Bar Council. The additional layer of review by Bar Council has come about because Bar Council considered that, as the Readers’ Course is run by the Victorian Bar, the course should be subject to periodic review by members elected to Bar Council for accountability and transparency purposes. Recommendations were made by both sub-committees to Bar Council regarding changes to be made to the course. The Readers’ Course Review working group provided important feedback to the Bar Council in relation to suggestions made by the Bar Council’s sub-committee – the majority of which were accepted by Bar Council. Bar Council is keen to ensure a process of succession in relation to presenters that the presenters are taken from a wide selection of the Bar and as far as possible to ensure that the course can be undertaken in person. The Readers’ Course is reliant in very large part on the voluntary service of its members. This significant impost on members’ time is very much appreciated by Bar Council and is not taken for granted. In light of the significant impost on members, it is important to ensure there is a process of renewal of presenters. 

On Thursday, I had the privilege to welcome on behalf of the Bar Judge Nola Karapanagiotidis. The welcome was well attended, and on behalf of members, I wish Her Honour a long and satisfying career as a Judge of the County Court of Victoria. 

On Tuesday, 2 August 2022, there will be a ceremonial sitting of the Supreme Court of Victoria to welcome the appointment of the Honourable Justice Andrea Tsalamandris. More details are available in the notice below.

Last night, the Health & Wellbeing committee hosted a CPD on vicarious trauma in Legal Practice. The session covered the importance of recognising the signs of trauma exposure and knowing how to respond – for yourself, your colleagues, and your clients. A session recording will be available on the Health & Wellbeing portal later today. 
 
I remind members who are keen to be involved in an ABA committee that the Expressions of Interest period is now open and closes next Friday, 5 August. More details are available in the notice below.

On Monday, the Women’s Barrister Association held the Annual General Meeting. I congratulate Elizabeth Ruddle QC, who was appointed the new convener for the WBA and acknowledge the hard work of the outgoing convenor Dr Michelle Sharpe. The Australian Women Lawyers 2022 National Conference will be held next Friday in Brisbane. Tickets are still available. Click here for more information.

Finally, I wish to acknowledge and thank Tony Elder for his hard work, dedication, and service to the Alternative Dispute Resolution Committee. Tony served on the ADR Committee for 15 years. On behalf of members, I wish Tony all the best for his retirement. 

Vicbar News & Events
Subscriptions for the 2022- 2023 Financial Year were due by 30 June 2022

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.

Welcome Ceremonies

Supreme Court of Victoria

A welcome sitting to mark the appointment of the Honourable Justice Andrea Tsalamandris as a Judge of the Supreme Court of Victoria will be held in Banco Court on:

Tuesday, 2 August 2022 at 9:15am.

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

Expressions of Interest for representation on ABA Committees

Consistent with its commitment to transparency and ensuring that all members have a fair opportunity to represent the Victorian Bar, the Victorian Bar Council has organised an expression of interest for its representation on ABA Committees. The expression of interest period opened on 22 July 2022 and closes on 5 August 2022.

Please click here to express your interest. Please note that current sitting members who wish to remain on a Committee must also complete the form.

Victorian Legal Services Board member position available

The Bar Council calls for expressions of interest from members who wish to be considered for nomination for appointment to the VLSB.

Nominations close on Friday, 12 August 2022 and should be emailed to presidentbc@vicbar.com.au.

Click here to view the flyer with more information.

BCL Updates
  • Multi Factor Authentication (MFA) to read the recent BCL communication to ensure your Microsoft Office 365 data and @vicbar.com.au email account remains protected from the constant threat of cyber crime. All @vicbar email accounts require this additional layer of protection as a part of the next password change prompt.
  • Are you interested in the benefits of a shared printer on your floor? BCL can look after this for you. In partnership with Toshiba, BCL can deliver, support, and manage a printer to your floor, and you will only pay for what you use through your existing BCL invoice. No admin. No contracts. Click here to read the recent BCL communication or enquire with the BCL Service Desk on 9225 8888.
  • COVIDSafe at BCL: click here to see what we are doing in regards to healthy building improvements as our COVID-19 response and what you need to do in the event of a positive COVID-19 result.
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.

  • Mediation of insolvency disputes is on 2 August 2022 from 5:00pm-6:00pm. In this presentation, the speakers will review some of the specific issues to be dealt with in mediations of insolvency disputes, both issues for insolvency practitioners and issues for persons facing claims. This is an in-person event and will also be available online via livestream. Click here to register.
     
  • Common Law Practice: bringing work back to in-court hearings and chambers post COVID-19 is on 3 August 2022 from 5:15pm-6:15pm. This CPD is themed around the maiden speech of Bell CJ, NSW Supreme Court, delivered on 8 March 2022 at [20] – [22]. This is an in-person event and will also be available online via livestream. Click here to register.
     
  • Does the punishment need to fit the crime when sentencing for civil penalties? is on 4 August 2022 from 5:00pm-6:15pm. Rachel Doyle SC, Matthew Follett and Ben Bromberg are three counsel who appeared in ABCC v Pattinson at various stages throughout its path to the High Court will present on the case. They will track its path through the Federal Court, recount the competing arguments presented by the parties and examine the rationale that led to this defining decision. This is an online only event. Click here to register.
     
  • Workers and employers can’t contract out of Workers Compensation legislation, or can they? is on 9 August 2022 from 5:15pm-6:15pm. In this CPD, the speakers will discuss the ramifications of the recent Court of Appeal decision in McKenzie v Healthscope Operations [2020] VSCA 309. This is an in-person event only. Click here to register.
     
  • Recent Tax Cases is on 9 August 2022 from 5:15pm-6:15pm. This presentation will provide an update on recent cases spanning a number of areas of revenue law. This is an in-person event and will also be available online via Zoom. Click here to register.

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

Vicbar Life
VicBar Choir

The VicBar Choir invites you to join its group. A new term is about to commence 

Time: 1–2:00pm, Wednesdays, in-person and via Zoom.

Dates: The choir will meet for an 8-week term, and started on Wednesday, 4 May, to Wednesday, 8 September 2022.

Cost: $30 a week (casual – fee relief readily available) – $220 a term.

For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.

Click here for the payment form.

Aerial Landscapes of Australia

Studio 11 is delighted to host its current solo exhibition, Aerial Landscapes of Australia, featuring 22 works by local artist Greg Mallyon who is an accomplished and highly collectable artist with a gift for depicting the lyricism of landscape through typographical perspectives. With a Masters in Art (University of NSW), his bold and distinctive paintings are inspired by aerial views of the land below, including geographic features such as lakes, gorges, rivers and deserts, along with the human imprint of city buildings, industrial sites and roads. In 2021 Greg won the inaugural National Capital Art Prize for landscape. All works in the exhibition are for sale (with no GST or commission payable). Works sheets are available at Level 11, Owen Dixon Chambers East. The exhibition runs until 16 September 2022. Why not take some time out of your day to enjoy the exhibition.

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 5:00pm 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.

Click here for the monthly Best Buys!

Practice & Profession News
FCFCOA Subpoena form updated

The FCFCOA Subpoena form (used for all jurisdictions) has been updated, and the new version, number 0921V3, is now available on the FCFCOA website.

The changes include incorporating a question confirming if leave to issue the subpoena is required (in family law proceedings) and amending some of the Notes.

A grace period for accepting the previous version, number 0921V2, applies until 31 October 2022.

A new flow chart, Leave requirements for subpoenas in family law proceedings, has also been published on the website. It helps guide court users through the requirements for leave to file subpoenas in family law proceedings.

New Judicial College website

The Judicial College of Victoria has launched a new website.

Featuring a brand-new design and improved search, the new website houses the College's bench books, resource collections and latest news. It places key legal resources at your fingertips.

The College has completely redesigned and restructured its resource collections, curating a wide range of resources across legal, procedural, and behavioural practices.

In addition to vital resources on topics such as criminal law & procedure and evidence law, the College has also launched a First Nations resource collection. 

This brand-new collection is intended to inform judicial officers about Aboriginal and Torres Strait Islander culture and legal issues concerning the community.

Access the site: www.judicialcollege.vic.edu.au

New Sentencing Advisory Council Report - Should Media Coverage Affect Sentencing?

The Sentencing Advisory Council has released a new report exploring the approaches of Australian sentencing courts towards adverse media coverage and the significant consequences it can have for offenders. It reveals why and when media coverage might be a relevant sentencing consideration. The report aims to draw attention to this ‘unsettled’ area of law and try to reduce inconsistency in how courts approach it.

Access the media release here.

Download the report here.

Digital Bar Library

Log in to the Digital Library to access key legal resources no matter where you are – powered by Law Library Victoria. This week we are taking a closer look at HeinOnline:

• Contains 1000s of legal titles, all on a single platform
• Features Australian, English, US and Canadian material
• Includes journals, law reports, and legislation

Some standout resources available on this database:

  • Australian Law Reform Commission Library
  • Times Law Reports
  • Historical UK legislation
  • English Reports (1220-1867)
  • Federal Law Review
  • US and Canadian primary legal material
  • Legal Classics Collection

To access HeinOnline and other databases in the Digital Library, register and log in to the Law Library website.

Profession CPD & Events
2022 Australian Women Lawyers Conference - Securing a Safe, Just and Equitable Future for Women

The in-person event includes additional welcome drinks and conference brunch events, and tickets can be purchased separately for the Conference Gala Dinner. The dinner will feature a sponsored Gin bar, the announcement of the AWL Award winner and award-winning comedian Steph Tisdell, an evening not to be missed.

We have an impressive line-up of speakers across the conference, including the Chief Justices of the High Court and QLD Supreme Court, Professor Megan Davis, Jane Caro, and leading silks Fiona McLeod SC and Jane Needham SC, among many more brilliant guests. Our full online program is available here.

Our conference sub-committee has gathered sponsors and made great efforts to keep costs to you down and, at the same time, enhance the experience with fantastic gift bags and door prizes, a coffee cart on site, and with the brunch and welcome functions, there are extra chances to network and socialise while we earn CPD points, talk about the things that matter to us and what we can do about them.

Come and join us in-person for the first time in 4 years or online if you can’t make the journey this time.

For information and enquires, please contact President Leah Marrone on 0438 894 171 or via email - austwomenlawyerspresident@gmail.com.

Free Public Seminar: Judicial Independence and Integrity

Melbourne Law School is pleased to present the free public event Judicial Independence and Integrity: A Comparative Discussion featuring Judge José Ingreja Matos, President of the International Association of Judges, in a conversation panel with Chief Justice Allsop AO and Laureate Professor Emeritus Cheryl Saunders AO, chaired by The Hon Tony Pagone AM QC. This hybrid-delivered event will be held in-person at the Federal Court of Australia Melbourne and simultaneously live-streamed direct from the court.

For more information, click here.


The details of the event are as follows:

Thursday, 11 August 2022

5:15pm – 6:15pm

Monash Law Events

Lucinda Lecture: Taking Judging and Judges Seriously

We are honoured to welcome the Honourable Justice Michelle Gordon AC, High Court of Australia, to deliver the 2022 Lucinda Lecture on Tuesday, 2 August. In her Lucinda Lecture, Justice Gordon will explore how the key actors in the legal profession - judges, legal practitioners and the academy - each have roles to play in influencing and shaping the development of Australian constitutional law. Register here.


Enhancing the protection of human rights in Australia

On Thursday, 4 August, be part of the live audience for this upcoming human rights episode of Big Ideas on ABC Radio National. Will the Albanese Government adopt a different approach to the pressing human rights issues we are facing, including the treatment of asylum seekers, the rights of Indigenous Australians and LGBTIQA+ people, and the need for a national Charter of Human Rights? Join human rights experts Professor Paula Gerber and Professor Michael Mintrom in conversation with Big Ideas presenter Paul Barclay. Register here.


CLARS Law & Business Seminar Series: The Long Term Effects of Short Selling and Negative Activism

Activist short selling campaigns are currently hot news in Australia. In this CLARS Law & Business Seminar on Wednesday, 10 August, Professor Frank Partnoy will discuss the topic of his paper, which investigates the long-term effects of short selling and "negative activism," where activists seek to profit from declines in the share prices of targeted firms. Register here.

Melbourne Catholic Lawyers’ Association Annual Dinner

The MCLA invites members of the Bar to its Annual Dinner on Thursday, 1 September 2022, at the Athenaeum Club, 87 Collins Street, Melbourne.

Justice Simon Steward of the High Court will be speaking on "The Christian Judge in an increasingly secular world".

All are welcome to join us for this dinner.  For more information and to book, please click here.

LAWASIA Alternative Dispute Resolution Conference | 9-10 Sept 2022, Denarau, Fiji

LAWASIA are very pleased to announce that the LAWASIA Alternative Dispute Resolution Conference will be held as a face-to-face event in Denarau, Fiji, from 9 to 10 September 2022. 

The conference is jointly organised with the South Pacific Lawyers’ Association, the Commonwealth Lawyers Association, the International Law Section of Law Council of Australia and the Fiji Law Society.

Click here for the flyer.

Click here for the official conference website.

Careers & Opportunities
Register to Judge - 10th Michael Kirby Contract Law Moot Competition 26 - 29 September 2022

We would like to invite barristers to participate in the 10th annual Michael Kirby Contract Law Moot Competition, 26 - 29 September 2022, at Victoria Law School, Melbourne.

Click here and add your availability details.

ABOUT THE KIRBY MOOT

Australia’s only Contract Law Moot, the Kirby Moot, is one of the largest competitions of its kind. It is a fixture in the legal calendar and has support from the County Court

of Victoria, members of the Victorian Bar, various law firms and legal training institutions.

WHAT YOU CAN EXPECT

  • University participation from across Australia.
  • Only two teams per university will be eligible to register.
  • A moot problem closely resembling a real-life contract law dispute.
  • Students gain formative, regular feedback from practitioners. They develop fundamental lawyering skills, including problem-solving, legal analysis, reasoning and research, communication (oral and written), management and teamwork.

For more information, please visit the website here

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, 4th August 2022