In Brief Issue #1069

12Aug
Róisín Annesley QC
President

My email communication yesterday alerted members to an offensive notice that was placed in the lifts in Owen Dixon Chambers East on Wednesday evening. The notice purported to be from the Victorian Bar. It was not and it was quickly removed by the Bar office. The notice is an anathema to the Bar which actively promotes equality, diversity and inclusion.

Members of the Bar and in particular members of the Bar’s LGBTIQ community are understandably upset.  Reassuringly, the number of emails and phone calls which I received yesterday, clearly indicate that the LGBTIQ members of the Bar community are widely supported by the Bar.

Unfortunately, the notice was widely circulated via email amongst members, which only increased the exposure of the contents of the notice and the hurt to members.  Further the notice or its contents were shared with the media. One comment was disparaging of members of the Bar, this comment is also hurtful and divisive.

An investigation into the posting of the notice and the surrounding events is underway. I will report to members when the investigation is complete.

I remind members of Rules 8(c) and 123 of the Barristers’ Conduct Rules, which prohibit conduct that is likely to diminish public confidence in or bring the legal profession into disrepute or conduct which constitutes discrimination, bullying or sexual harassment. I encourage all members to report any unacceptable conduct. The Bar has Peer Support Barristers who are available to members who experience or observe discrimination, sexual harassment or bullying. The details for the Peer Support Barristers are attached here.  

Notices in the lifts and common areas must be approved and posted by the Victorian Bar office. No member is entitled to post a notice personally.

I have been advised by the Supreme Court of Victoria that its new Mediation Centre in the William Cooper Justice Centre is nearing completion.  I am pleased to advise members that it is anticipated that the Court will be able to resume in-person mediations in late 2022 or early 2023. In anticipation of the return to in-person mediation, the Court is reviewing its mediation protocol. Consultation with the profession plays an important part in the review process.  The Court will soon conduct an electronic survey of members who have used the Court’s online mediation services in the last 12 months. The survey will commence in August and remain open for a period of six weeks.  I encourage those members who receive the survey to complete it in order to assist the Court in the development of its new protocol.

Next week there are two ceremonial sittings to welcome the new Associate Justices of the Supreme Court:

  • Associate Justice Fiona Steffensen on Monday, 15 August 2022 at 9:15am;
  • Associate Justice Matthew Barrett on Wednesday, 17 August 2022 at 9:15am.

Please see the details in the notice below.

On Thursday, 18 August I will be attending the Ceremonial sitting in memory of the late Sir Gerard Brennan AC CMG QC in the High Court of Australia, in Canberra.

Róisín Annesley QC

Vicbar News & Events
Welcome Ceremonies

Supreme Court of Victoria

A welcome sitting to mark the appointment of the Honourable Associate Justice Fiona Steffensen as an associate Judge of the Supreme Court of Victoria will be held in Banco Court on:

Monday, 15 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.

 

A welcome sitting to mark the appointment of the Honourable Associate Justice Matthew Barrett as an associate Judge of the Supreme Court of Victoria will be held in Banco Court on:

Wednesday, 17 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.

 

Federal Court of Australia

A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to welcome the Honourable Justice Lisa Hespe as a judge of the Federal Court of Australia in Court 1, Level 8, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:

Friday, 2 September 2022 at 9:30am

To attend in-person, please RSVP by email to Ms Dimitra Argyros - dimitra.argyros@fedcourt.gov.au.

Closing date Friday, 19 August 2022.

The ceremony will be live-streamed and available to watch remotely on the Victorian Bar website.

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.

Victoria Law Foundation board member position available

The Bar Council calls for expressions of interest from members who wish to be considered for appointment to the board of the Victoria Law Foundation.  

Nominations close on Friday, 19 August 2022 and should be emailed to presidentbc@vicbar.com.au.

For more information on the position, reach out to Joseph McGregor at joseph.mcgregor@vicbar.com.au.

Expressions of interest - Council of Law Reporting in Victoria

The Council of Law Reporting in Victoria (the Council) requests that the Victorian Bar make two members' appointments to the Council.

The function of the Council is “to prepare and sell or arrange for the preparation publication and sale of reports of judicial decisions of any court in Victoria”: s 10(1) of the Council of Law Reporting in Victoria Act (1967). The Council’s main focus is the publication of the Victorian Reports. Since 2016, the Council’s appointed publisher of the VRs has been Little William Bourke Pty Ltd, a company associated with Jade-BarNet. LWB publishes the VRs in print and online: www.victorianreports.com.au. The VRs are also re-published, by arrangement, by LexisNexis and Thomson Reuters. The Council makes provision for the distribution of unreported decisions.

The Council is actively involved in managing its various contractual arrangements with publishers. It engages in activities to promote and stimulate the use of the VRs (and authorised reporting generally) and make them available to the widest range of users at the lowest possible cost. Accordingly, it is beneficial to have, as members of the Council, persons who have an interest in law reporting, as well as skills and experience in negotiating commercial arrangements.

Members of the Council attend a number of meetings of the Council each year, sit on various sub-committees, and are involved in periodic contractual negotiations as well as ad hoc liaison with the current publishers of the VRs and other bodies involved in the dissemination of Victorian court decisions.

The expression of interest period will commence on Friday, 5 August and close on Friday, 19 August. To apply, please email presidentbc@vicbar.com.au.

Peer Support Barristers

Peer Support Barristers are barristers who have volunteered to be contacted by members and have been trained to provide support and advice to those who have experienced or observed discrimination, sexual harassment and/or workplace bullying.

Please see here for the list of Peer Support Barristers.

Resources for members performing pro bono work

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.
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.

  • Commanding the Room is on 23 August 2022 from 5:30pm-7:30pm. In this practical workshop with Richard Lawton, who is a master voice and presentation coach, you will develop skills in vocal delivery strength, communication style, breath control for handling nerves, tips for delivering a clear story and body language and status awareness. This is an in-person event only for barristers. Click here to register.
  • Intensive Cross Examination Workshop is on 26 and 27 September 2022 from 5:00pm-7:30pm. This two-part workshop gives participants the opportunity to work with experienced cross examiners and senior advocacy instructors to further develop cross-examination skills. Each participant will have an opportunity to perform an allocated cross-examination task and receive feedback. This is an in-person event only for barristers. Click here to register.

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

Vicbar Life
Tigers@Law – Back for a Finals Extravaganza

Join us in person for drinks and hors d’oeuvres with special guest Brendon Gale, Chief Executive Officer, Richmond Football Club. 

Also attending Neil Balme, Richmond Football Club and Simon Derrick, Commercial Operations, Richmond Football Club.

All Tiger Supporting Lawyers and Legal Staff are welcome.


Date:  Thursday, 1 September 2022, 5:30pm to 7:30pm

Venue:   Lander & Rogers Lawyers, Level 15, 477 Collins Street, Melbourne

Cost:  $60  
Payment by EFT to ‘Tigers@Law’
BSB 033 120 Account No. 391844.  
Please provide your name in the reference details.  
Please make payment by 26 August 2022

RSVP here

Go Tigers! 
Tigers@Law Committee 

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
Online mediation survey and consultation process

The Supreme Court is in the process of drafting a new mediation protocol. Issues to be addressed in the protocol will include how mediations will be conducted and the matters that will be considered when deciding the mode of mediations.

To assist in drafting the protocol, the Court will soon be conducting an electronic survey of mediation users about their experience of online mediations conducted by the Court. The survey will be distributed by email to stakeholder organisations and members of the legal profession from metropolitan and regional Victoria.

The Court will contact barristers and solicitors who have been mediation participants over the last year or so and invite them to complete the survey. The survey will commence in August and remain open for a period of six weeks.

If you have any questions about the survey and consultation process, please contact ADR Registrar Nick Day on 03 9093 5459 or by email at nicholas.day@supcourt.vic.gov.au.

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 The Laws of Australia from Thomson Reuters:

  • Complete library of legal principles covering over 330 topics and every Australian jurisdiction
  • Quickly acquaint yourself with unfamiliar areas of law
  • Detailed coverage of core practice areas

Areas of law include:

  • Administrative Law
  • Civil Procedure
  • Criminal Procedure
  • Criminal Sentencing
  • Family Law
  • Professional Liability
  • Wills and Estate Administration

To access Laws of Australia and other expert commentary in the Digital Library, register and log in to the Law Library website.

Profession CPD & Events
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 speak 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.

2022 Annual Scientific Meeting & Awards Dinner

The Australasian College of Legal Medicine invites you to attend the 2022 Annual Scientific Meeting & Awards Dinner on Saturday, 15 October 2022.

REGISTER TO ATTEND

Careers & Opportunities
Appointment of the Commissioner in Charge of Disciplinary Investigations

The International Criminal Court would like to invite candidates to apply for the position of Commissioner in charge of investigations. The deadline for applications is 15 September 2022. For more information, click here. And for more information on Election of Members of the ICC Disciplinary Organs, click 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, 18th August 2022