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In Brief Issue #1124
13Oct
Middle East conflict
The news coming out of Israel is deeply distressing. The level of violence and suffering is shocking. The events taking place overseas are having a very real and direct impact upon our members here at home. I have been in contact with a significant number of them, and some Bar Office staff, who have friends and family in the region. They are all affected and, understandably, many are struggling with the stress and horror of it all. My thoughts are with each of them during this terrible period.
As always, but particularly now, the Bar stands ready to support its members. From a practical point of view, if you require psychological assistance, please do not hesitate to contact the Bar’s Crisis Support & Counselling Services. It is available 24/7 and details can be found here. If you require anything else that you think we can assist you with, please contact us.
To conclude on this topic, if you notice a colleague is in distress, might I respectfully suggest that you take a risk and speak with them about it. Based on my experience in the last few days, I am confident that your attempts to help – even if you cannot find the precisely correct words to use – will be well received and much appreciated.
This week
Yesterday, I spoke on behalf of the Bar at her Honour Judge Suzanne Kirton’s welcome ceremony at the County Court of Victoria. Her Honour practised at the Victorian Bar for 18 years, signing the Bar Roll in 2000. Her Honour practised in commercial litigation, especially in building and construction law. She served on the Victorian Bar Council for two terms and was a member of the Bar’s Student Engagement Committee and the Alternative Dispute Resolution Committee. She was appointed as a Senior Member of the Victorian Civil and Administrative Tribunal in 2018 and became Head of the Building and Property List at VCAT in 2021. I wish her all the best for this next stage of her career.
Yesterday evening we held the last substantive Bar Council meeting for this Bar Council term. Unless we need to hold another Special Purpose Bar Council meeting, the next time we meet will be to declare the result of the upcoming Bar Council election (as to which, please see below).
Tonight, I’ll be attending the 2023 Criminal Bar Association Dinner at the State Library of Victoria.
Next week
On Monday morning, I’ll be in Canberra for the Hon. Chief Justice Susan Kiefel’s farewell ceremony at the High Court of Australia.
On Tuesday, I will be at a farewell for the former Race Discrimination Commissioner, Mr Chin Tan, which is being hosted by the Asian Australian Lawyers Association.
On Wednesday, I’ll be attending a cocktail event to celebrate the Women Barristers Association’s 30th anniversary.
On Thursday, I’ll be at a Victorian Legal Services Board meeting.
Finally, on Friday, I will deliver a welcome address on behalf of the Bar for the Hon. Justice Christopher Horan, who was appointed as a Judge of the Federal Court of Australia. That night, I’ll be at the Dever’s List Dinner.
2023-2024 Victorian Bar Council elections
The nominations process for the 2023-2024 Victorian Bar Council elections opened today. The Victorian Bar has engaged Vero Voting to conduct the nominations and the voting process itself. As I mentioned last week, the nominations process will be different from previous years.
All eligible financial members by now will have received an email from Vero Voting, which includes a link for members to nominate themselves as a candidate. It requires prospective nominees to fill in their details, plus a minimum of five nominators (along with their email addresses). Chosen nominators will receive an email advising that they have been selected as a nominator. The email will contain instructions to click a link to confirm the nomination for the relevant nominee.
This year an extra component has been added to the ‘additional information’ section, which will allow nominees to submit a ‘candidate statement’. The proposed statement can be amended until nominations close at 5:00pm on Thursday, 26 October. At its meeting last night, the Bar Council adopted some guidelines for candidate statements which can be found here.
The voting process will otherwise continue as per previous years, save that the voting period has been reduced to one week. Voting will open at 9:00am on Wednesday, 1 November, and close at 5:00pm on Wednesday, 8 November. The results of the election will be declared on Thursday, 9 November, with the results officially announced on Friday, 10 November.
2023 State of the Bar survey
You would have been sent an email with a link to the 2023 State of the Bar survey. We’re hoping the new data we collect will help us properly tailor services for members. As a thanks for your participation, you will receive a voucher for a free coffee from the Essoign’s Owen Dixon Chambers coffee cart. Those who choose to submit their name will also go into the prize draw for a $500 voucher to be spent at the Essoign.
Memorial service for the Hon. Paul Finn
A memorial service will be held in Canberra on Friday, 10 November 2023, for the Hon. Paul Desmond Finn. Addresses will be given by the Hon. Justice Stephen Gageler AC, Professor Tim Bonyhady, and Wilfred Finn.
Paul was admitted to the degrees of Bachelor of Arts and Law (Queensland), Master of Laws (London) and PhD (Cambridge). Like his father, Desmond, and his stepfather, the Hon. C.D. Sheahan (later a judge of the Queensland Supreme Court), Paul was admitted to the Bar in Queensland. His brother John Sheahan KC is a member of the NSW Bar.
By the time he was appointed to the Federal Court of Australia in 1995, Paul was a Professor at the Research School for Social Sciences at the Australian National University, and a legal scholar renowned throughout the English-speaking world, in particular for his groundbreaking work on fiduciary obligations. Many who he taught are practitioners in Melbourne. Paul retired from the Federal Court in 2012. RSVP details appear in the notice below.
Other matters
The Annual General Meetings of the Victorian Bar Inc, and of the Barristers’ Benevolent Foundation of Victoria Ltd, will be held at 5:00pm on Monday, 23 October 2023 in the Neil McPhee Room. By now, members will have received an invitation containing the agenda for each meeting and a link to register your attendance. Registrations close at 4:30pm on Monday, 23 October 2023.
I would encourage you to take part in the Victorian Bar and the Monash Faculty of Law’s Open Justice Project. The project enables later-year undergraduate and postgraduate students to provide pro bono legal assistance (such as research and paralegal assistance) to barristers in pro bono matters. You can access the handbook and application form here.
The co-winners of the 2023 William Ah Ket Scholarship were announced on Tuesday night in Canberra. Congratulations to Amber Meyer and Arden Yeh, whose paper ‘Towards Greater Cultural Diversity in Law: A Systemic, Bifurcated Legal and Policy Approach’ was judged the winner of this year’s scholarship. The co-winners are Melbourne-based, with Amber a final year JD student at the University of Melbourne and an incoming graduate at K&L Gates, while Arden is a graduate lawyer at Jones Day. Their essay focused on cultural diversity by considering how those within the legal system have pursued equality and challenged marginalisation. The Bar is proud to be a sponsor of the Scholarship. Congratulations to the winners and the finalists, and our thanks go to all entrants.
The Administrative Review Taskforce in the Commonwealth Attorney-General’s Department recently announced a recruitment process for Members of the Administrative Review Tribunal (ART), the new administrative review body which will replace the Administrative Appeals Tribunal (AAT). Expressions of interest are invited from suitably qualified individuals. The process will be conducted in accordance with the current Administrative Appeals Tribunal (AAT) Appointment Guidelines and successful applicants will be appointed for a term of up to 5 years. The selection criteria, candidate information pack, and link to apply can be found on the Attorney-General Department’s website. Expressions of interest must be submitted by 5:00pm AEDT on Monday, 23 October 2023.
Sam Hay KC
Nominations for election to the 2023-2024 Bar Council have now opened, and close at 5:00pm on Thursday, 26 October.
Eligible, financial members will have received an email from Vero Voting this morning containing a link to the nominations platform. If you have not received the email, please contact Vero on support@verovoting.com.au.
Only nominations received within the nomination period will be counted. Hard copy nominations cannot be accepted.
The Victorian Bar's 2023 State of the Bar survey is now live.
Last week, all members will have received the link to complete the survey. The survey will take 12-15 minutes to complete.
Participation is entirely voluntary, all responses are completely anonymous and you cannot be identified in any way via the link provided. The survey is open until 11:59pm on Tuesday, 17 October 2023. If you have any questions in relation to the survey, or you did not receive the link to complete it, please contact ed@vicbar.com.au.
The Annual General Meetings of the Victorian Bar Inc and Barristers’ Benevolent Foundation of Victoria Ltd will be held on Monday, 23 October 2023, at 5:00pm in the Neil McPhee Room. Members were sent an invitation containing the agenda for each meeting and a link to register their attendance. Registrations close at 4:30pm on Monday, 23 October 2023.
Bar Roll No.: 764
It is with deep regret that the Bar informs members of the passing of his Honour John Dee KC.
A funeral will be held to honour the life of his Honour John Dee KC at White Lady Funerals, 139 Marriage Road, Brighton East, 9 October 2023 commencing at 10:00am.
A private cremation will follow.
A full obituary will be published in the coming days.
Deepest sympathies are extended to his Honour’s family and friends.
Bar Roll No.: 1971
It is with deep regret that the Bar Council informs members of the passing of David J McKenzie.
David signed the Bar Roll on 23 May 1985 and read with Ms Lillian Lieder. He was a member of the Bar for 21 years.
Funeral details will be published in the coming days, along with a full obituary.
Deepest sympathies are extended to David’s family and friends.
It is with deep regret that the Victorian Bar informs members of the death of the Honourable Paul Desmond Finn.
A Memorial service for Paul will be held at Drill Hall Gallery, Australian National University, Kingsley Street, Acton, ACT, Friday 10 November 2023 from 4:30pm.
Those wishing to attend should RSVP to wilfredfinnd@hotmail.com or contact 0421 359 356.
Deepest sympathies are extended to Paul’s family and friends.
Federal Court of Australia
A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to mark the appointment of the Honourable Justice Christopher Horan as a judge of the Federal Court of Australia in Court 1, Level 8, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne, on:
Friday, 20 October 2023 at 9:30am
To attend in-person, please RSVP by email to Ms Dimitra Argyros - dimitra.argyros@fedcourt.gov.au. Closing date for RSVP is Friday, 6 October 2023.
Seating will be arranged in Court 1 or another Court for viewing via video link.
Expressions of Interest are sought from interested members for appointment to the Department of Justice and Community Safety’s NLAP (National Legal Assistance Partnership) Governance Committee.
The NLAP is an agreement between the Commonwealth and States and Territories that recognises mutual interests and responsibilities in the provision of legal assistance services to help people experiencing disadvantage and vulnerability.
The NLAP Victorian Governance Committee (Committee) supports the coordinated engagement of Victoria’s responses to key priorities relating to the NLAP. The Committee works together on identifying the issues and priorities of the legal assistance sector within Victoria. The Committee reports to the Attorney-General via DJCS executive structure. Committee members consist of representatives from: DJCS, Courts, Civil and Criminal Law (chair), DJCS, Aboriginal Justice, Victoria Legal Aid, Federation of Community Legal Centres, Victoria Law Foundation, Victorian Aboriginal Legal Service and Djirra.
Click here for further information.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Please forward your expression of interest to sharni.doherty@vicbar.com.au. The closing date is Monday, 16 October 2023.
Expressions of Interest are sought from members who are practising in rural, regional and remote areas and communities to assist the Victorian Bar Representative on the Law Council of Australia’s Rural, Regional and Remote (RRR) Lawyers Committee (the Committee).
The primary purpose of the Committee is to consider the key issues and challenges affecting the RRR lawyers and to identify and recommend strategies and policies to address the issues. The Committee also advises on new and emerging issues relevant to the delivery of legal services in RRR areas and investigates the legal needs of RRR communities. The Committee has been developing strategies and policies including recruitment of lawyers due to general shortages of lawyers in RRR areas, conflict of interest problems due to scarcity of locally available lawyers; and scarce and over-stretched legal assistance services. The Committee’s work also focuses on promoting the important role of the RRR lawyers and the significant contribution they make to servicing the legal needs of RRR communities.
With the recommendation from the Victorian Bar Representative on the Committee, a panel consisting of members who are familiar with the RRR legal practice and the RRR community issues is proposed. Being part of the panel would also be an excellent preparatory pathway for interested barristers to the Victorian Bar representative on the Committee.
Barristers who are experienced in RRR community issues and/or are familiar with the particular challenges of RRR legal practice are asked to submit their EOIs to Sharni Doherty to sharni.doherty@vicbar.com.au. Please note that EOIs must be forwarded by COB, Monday, 16 October 2023. To assist the Bar Council in assessing the EOIs, kindly include your relevant experience.
The New Barristers' Committee Coffee with Silks series is returning for 2023. Held on three consecutive days at the Essoign Club, it’s an opportunity for new barristers to meet and engage with Silks in a relaxed, social setting. It’s informative, and it’s free!
8:00 – 8:45am Tuesday, 24 October: Criminal Law
8:00 – 8:45am Wednesday, 25 October: Public/Administrative Law, Tax Law, Industrial Law & Commercial Law
8:00 – 8:45am Thursday, 26 October: Family Law, Migration Law, Compensation Law & Common Law
RSVP by Monday, 16 October.
The Victorian Bar News Editorial Committee is calling for contributions for the 2023 Summer edition (No. 174).
The VBN is the Bar’s twice-yearly magazine. While content is curated by the editorial committee, it is driven by the Bar’s members and friends, so please let the stories, photographs and Verbatim contributions flow! The content deadline for the upcoming edition is 14 October 2023.
Contributions (and any related questions) should be directed to vbneditors@vicbar.com.au.
Victorian Bar News Editorial Committee
Mediation is an essential part of the justice system with a great many litigated matters being referred to mediation. Barristers and law professionals wishing to become an accredited mediator under the National Mediator Accreditation System can register for the Lawyers Mediation Certificate (LMC) six-day course (on 24-26 November & 1-3 December 2023) here.
Members who have yet to pay their subscription fees are reminded that they are now significantly overdue and should be paid as soon as possible. Bar subscriptions are an integral component of a barrister’s ability to practice. If you have not made arrangements to pay your subscription fees, please do so. Should you require assistance on this or other administrative matters, the Victorian Bar office can help you. Members who need assistance should email membership@vicbar.com.au or contact Mark Bryant on (03) 9225 7111.
- Unique Penthouse opportunity available on level 34 at Aickin Chambers: Click here to read more and register your interest as a small group.
- BCL’s Annual Report for FY2023 is now available: Click here to read.
- Why Take Chambers with BCL? As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution of chamber and technology support only available to members of the Bar. Click here to view our current vacancies.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- A labyrinth of legal risks for hopeful would-be parents: Navigating Australia's complex Assisted Reproductive Technology regimes is on 19 October 2023 from 5:15pm-6:15pm. This session will provide an overview of the current body of law and regulation, survey landmark cases including a High Court decision on who is a parent (Masson v Parsons (2019) 266 CLR 554) and feature a surrogacy case study highlighting risks barristers need to be aware of to adequately advise same sex clients. This is an online only event. Click here to RSVP.
- Assessing and Arguing Unfitness to be Tried post R v Dellamarta [2020] VSC 745 is on 24 October 2023 from 5:15pm-6:30pm. Join for a discussion on the significance of the court’s observations in Dellamarta and learn how clinicians assess an individual’s capacity to understand and participate in the trial process. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Changes to the Mediator Standards Board (MSB): Accreditation from NMAS to AMDRAS is on 25 October 2023 from 5:00pm-6:00pm. This seminar will discuss the proposed changes and how they will affect accreditation and reaccreditation. This is an online only event. Click here to RSVP.
- Interlocutory Procedures in Migration Litigation is on 30 October 2023 from 5:15pm-6:15pm. This seminar will cover the use of interlocutory procedures such as interrogatories, requests for further and better particulars, notices to admit, notices to produce documents that can be used for the purposes of judicial review. Such procedures can be used tactically to enhance the prospects of success in the judicial review of migration decisions. This is an in-person event and will also be available online via livestream. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
The VicBar Choir invites you to join its group. A new term has commenced.
Time: 1:00pm-2:00pm, Tuesdays.
Dates: 10 October to 12 December 2023 (Not including Cup Day)
Cost: $30 a week or $225 a term
Free for 2023 Readers
For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
Click here for the flyer.
Studio 11 is delighted to invite you to take a break and visit its current solo exhibition by Dinah Ninio at Level 11 ODC East.
Celebration, in all its joyous forms, is the overriding focus of this exhibition. As a reaction and response to the ‘doom and gloom’ that exists in our world, Nino offers an alternative perspective, an ode to the glimmers of joy in everyday life. In celebration, a connection of family and community becomes a powerful act of resilience.
Throughout the works in this exhibition, Ninio employs specific metaphors of celebration to instil hope. The central metaphor of the wedding cake marks life’s subsequent anniversaries, symbolising the various milestones achieved in a relationship; each a different anniversary colour, a trophy to marriage and the triumphs and tribulations it brings.
Floral motifs and wedding bouquets emphasise the fleeting yet beautiful aspects of our existence. Such themes and moments invite us to revel in the present and appreciate the passage of time. The bride and groom sunset figures encapsulate excitement, as well as unknown futures, where the promise of adventure and the uncertainty of the journey lay ahead. The sunset, with its vibrant hues, hints to the transition from day to night, and evokes a sense of unease about what lies beyond the horizon. The ‘icing on the cake’ ceramic series reinforces the notion of celebrating our everyday, elevating quotidian objects and vessels and giving them a heightened sense of occasion.
This group of paintings and ceramics celebrates life’s simple pleasures and major life-cycle events, cherishing the joys they bring. The exhibition runs from 2 October – 15 December. All works for sale with works sheets ‘on the floor’.
Hilton Melbourne Little Queen Street is offering Bar members an exclusive discount on meals purchased at their restaurant, Luci.
This exclusive discount of 15% is available by clicking the link here.
Use the code VICBAR23 to get a 15% off when dining in.
T&C's apply. Discounts are not to be used in conjunction with any other offer. Percentage off is valid for a maximum discount of $150 per bill. Blackout dates apply.
Offer is valid until 31 December 2023.
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 to access the monthly Best Buys!
On 23 October 2023, the CMS Portal will be introduced into the Child Protection jurisdiction of the Children’s Court of Victoria.
You are strongly encouraged to register for a CMS Portal account now, to ensure you have access to the system from day 1. Instructions for how to register are available on the Enrolling in CMS Portal page of the CMS Help Centre.
When your account is available, you will be able to submit documents, and view and track case information, all in one digital place.
Court Services Victoria has commissioned a survey on experiences of online or hybrid hearings to explore how they can be improved.
Barristers can complete the short survey (anonymously and confidentially) here.
The survey is being conducted by RMIT’s Centre for Innovative Justice (CIJ) and it will be open until Monday, 23 October 2023.
Have you heard about the Richard Griffith Library but have never visited it? Held in person at the Richard Griffith Library, this short 15-minute tour with a Law Library Victoria Reference Librarian, will demonstrate how to access the library, point out collections and provide an overview of online subscriptions.
Location: Richard Griffith Library, Level 1, Owen Dixon East
Thursday, 26 October 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library
Thursday, 23 November 2023, 1:15pm to 1:30pm Tour of the Richard Griffith Library
The skills of a barrister are best learned in an environment that is as close to the real experience as possible. This involves providing realistic briefs to counsel in sufficient time for counsel to properly prepare the matter for hearing and then giving them the opportunity to perform in real court settings.
The Advanced Trial Advocacy Intensive involves discussion and comment on each aspect of trial performance.
Places are limited to 42 barristers for this intensive. Seniority of at least five years at the private bar is a pre-requisite.
Find out more about the course here.
Location: Sydney
Dates: 22 - 26 January 2024
Cost: Criminal Brief $5,000.00
Civil Brief $5,400.00
Registrations close 30 November 2023
Register here.
Melbourne Law School is pleased to present the following events:
2023 Sir George Turner Public Lecture:
The Rule of Law in a Messy World: Limits, Limitations, and Challenges
Presenter: Professor Emeritus Gerald J. Postema
In his book, Law’s Rule, Professor Postema argues the rule of law aims to temper power and protect against power’s potential for arbitrary exercise. This profoundly important ideal serves an even more fundamental set of interrelated ideals – community, equality, and freedom from domination. The rule of law can only flourish when a community-wide ethos of fidelity supports it. Yet, law must resist capture by its enemies and rule in a world of entangled legal orders and competing moral values. While outlining and defending his conception of the rule of law, Professor Postema will explore challenges posed by law’s task of ruling in a ‘messy’ world.
We hope you can join us for this opportunity to hear Professor Emeritus Gerald J. Postema speak. Light refreshments will be served from 5:30pm with the lecture starting at 6:00pm.
Date & time: Wednesday, 4 October 2023, 5:30pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Further information and registration
2023 Seabrook Chambers Public Lecture:
The changing form of the Executive branch of Government and declining accountability
Presenter: The Hon. Robert Redlich AM KC
In this lecture, The Hon. Robert Redlich will examine the centralisation of power, the exponential growth in the sphere of influence of ministerial advisors, the continuing decline in ministerial responsibility and the marginalised role of the public service. His presentation will explore how that changed environment has been accompanied by a lack of accountability in failing to follow conventions, codes of conduct and due process – aspects of due governance designed to maximise the prospect that the exercise of power serves the public interest. He also argues executive government’s willingness to address deterioration in these standards usually depends upon public exposure of these failings; the ability to inform the public is an essential function of an effective integrity commission.
We hope you can join us for this opportunity to hear The Hon. Robert Redlich AM KC speak. The lecture will start at 6:00pm and is hosted by the Melbourne Law School.
Date & time: Monday, 23 October 2023, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Further information and registration
2023 Sir Anthony Mason Lecture:
The New Constitutional Scholarship in Australia
Presenter: Justice Gageler AC
We hope you can join us for this opportunity to hear Justice Gageler AC speak. Light refreshments will be served from 5:30pm with the lecture starting at 6:00pm.
Date & time: Tuesday, 31 October 2023, 5:30pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Further information and registration
2023 Baxt Public Lecture
Competition Law in the Age of Algorithms and Artificial Intelligence
Presenter: Professor Thomas Cheng, University of Hong Kong
In this lecture, Professor Thomas Cheng will explore how algorithms and artificial intelligence may change the way that dominant companies misuse their market power, both as buyers and sellers. In particular, he will examine how dominant companies may use algorithms and artificial intelligence to effectively engage in predatory conduct, exclude competitors, and exploit their market power, and consider how this could challenge and change our understanding and analysis of misuse of market power under competition law. We hope you can join us for this opportunity to hear Professor Thomas Cheng speak. Light refreshments will be served from 5:30pm with the lecture starting at 6:00pm.
Date & time: Thursday, 2 November 2023, 5:30pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Further information and registration
2023 Allen Hope Southey Memorial Lecture
Deception by Design
Presenter: Professor Lauren E. Willis, LMU Loyola Law School (Los Angeles)
Businesses are increasingly able to disseminate rapidly proliferating permutations of digital marketing materials, sales interfaces and scripts, and products themselves, each of which can be aimed at particular consumers in real-time and space. When the algorithms that design these are optimised only for profit and deception is profitable, consumers will be deceived. Yet as dark patterns and other forms of digital deception are becoming inevitable, they also are racing toward immunity from liability. Common legal methods for assessing whether conduct is misleading or deceptive are either inapplicable or impracticable when applied to vast numbers of machine-produced micro-targeted designs. In this lecture, Professor Lauren E. Willis will review these developments and propose a regulatory model devised to incentivise businesses to engage in fair marketing by design. We hope you can join us for this opportunity to hear Prof. Lauren E. Willis speak. The theatre doors will be open from 5:45pm and the lecture will begin at 6:00pm. The entrance doors to the David P. Derham Theatre are located on level 1 and on the Mezzanine floor.
Date & time: Thursday, 16 November 2023, 6:00pm - 7:00pm
Location: Melbourne Law School, GM15 David P. Derham Theatre, 185 Pelham St, Carlton
Further information and registration
2023 James Merralls Fellowship Law Lecture
The Resurgence of Indigenous Law
Presenter: Professor John Borrows, University of Toronto Law School
In this lecture, Professor Borrows will discuss how Indigenous peoples’ legal principles can generate rich resources for decision-making in contemporary circumstances. They can be reinvigorated, revised or newly created to enhance governance and policy within Indigenous communities and beyond. This can develop community capacity, foster local, state and national leadership, develop business opportunities, and influence policy. Revitalizing and newly developing Indigenous law can help develop well-being and economic success. Corporations and other commercial actors can also benefit from understanding, applying and incorporating Indigenous law in their agreements and activities with Indigenous peoples. When we see law as something people do, which invites participation, deliberation, persuasion, disagreement, discussion and agreement, this opens space for the revitalization of law and economic opportunities in broader ways. We hope you can join us for this opportunity to hear Prof. John Borrows speaks. The lecture will commence at 6:00pm sharp and is proudly co-hosted alongside The Victorian Bar.
Date & time: Wednesday, 22 November 2023, 6:00pm - 7:00pm
Location: Melbourne Law School, G08 Theatre, 185 Pelham St, Carlton
Featuring an incredible panel of speakers, this event is an opportunity to hear from leaders in the legal profession about how they built their networks and found their place and people in their working lives.
We particularly encourage men to join us for this event and invite you to bring along colleagues, friends or clients who are looking to build diverse and robust networks with genuine connection.
This event is free for VWL members and $10 for non-members – a livestream option is available for those unable to attend in person.
Click here to register.
The National Environmental Law Association is holding its annual National Conference in Melbourne (and online) on Friday, 3 November 2023. The theme is ‘Intersecting crises of climate change and biodiversity loss – where to next for Australian environmental law?’
Speakers include:
- the Hon Tanya Plibersek MP, Min for the Environment
- the Hon Justice Jayne Jagot, High Court
- the Hon Justice Mordecai Bromberg, Federal Court/President ALRC
- the Hon Justice Sarah Pritchard, NSW Land and Environment Court
- Deputy President Teresa Bisucci, VCAT Planning & Environment List
- Dr Jack Pascoe and Prof Brendan Wintle, Biodiversity Council
- Dr Andrea Vecchi, University of Melbourne
Date: Friday 3 November 2023
Location: Woodward Conference Centre, University of Melbourne and online
Tickets are selling fast!
Online conference only: $180 - $250; In Person Conference only $520 - $590; In Person Conference plus Dinner $$580 - $650
More information and ticket purchase available here.
CBI Constructors Pty Ltd v Chevron Australia Pty Ltd: A Cautionary Tale
Wednesday, 22 November 2023 | 5:00pm – 6:00pm AEDT | Online
With Nick Hopkins KC, Jeff Gleeson KC, Tim Owen, and John Rowland KC
A must attend event from Resolution Institute, this presentation and panel discussion will feature an exploration and discussion of the procedural and substantive issues of the case by a panel of experienced arbitration practitioners which includes senior and junior counsel who assumed conduct of the proceeding before the WA Supreme Court.
The panel discussion will be focused on the practical learnings resulting from the decisions which provide a cautionary tale for both parties and tribunals.
This panel discussion is for all arbitration practitioners.
Register here.
Resolution Institute Mediation training | Melbourne | 27 November – 1 December 2023
Registrations now open for Resolution Institute’s flagship mediation training with a 20% discount on membership
Register here.
Do you need to enhance your mediation skills, follow a new career path, or develop your negotiation and conflict resolution skills?
Then why not join our experienced trainer Anne Sutherland in Melbourne (27 Nov – 1 Dec) for our mediation training and take your career to new heights?
Our highly sought-after mediation training meets the requirements for the National Mediation Accreditation System in Australia and includes personalised coaching and feedback from highly skilled mediators. Upon completion of the course, you will receive 20% off your membership for your first year which will gain you exclusive access to a range of our membership benefits.
For more info & to register, please visit the link above. You can also write to us at learning@resolution.institute or call +61 2 9251 3366.
The Administrative Review Taskforce in the Commonwealth Attorney-General’s Department recently announced a recruitment process for Members of the Administrative Review Tribunal (ART), the new administrative review body which will replace the Administrative Appeals Tribunal (AAT). Further information about the ART proposal can be found in the Attorney-General’s media release of 29 September 2023.
Expressions of interest are invited from suitably qualified individuals to be considered for appointment to the ART as a Member. The process will be conducted in accordance with the current Administrative Appeals Tribunal (AAT) Appointment Guidelines (guidelines) and successful applicants will be appointed for a term of up to 5 years.
The selection criteria, candidate information pack and link to apply can be found on the Attorney-General Department’s website. To support candidates to prepare their application, guidance on applying to the ART is also available on our website. Expressions of interest must be submitted by 5:00pm AEDT on Monday, 23 October 2023.
Further processes will be announced in the coming months for appointments at the Senior Member and Deputy President levels.
If you have any questions about the reform or would like to sign up to receive periodic updates, I encourage you to contact us at AATReformEnquiries@ag.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, 19th October 2023