In Brief Issue #1125

20Oct
Sam Hay KC
President

This week

On Monday morning, I was in Canberra for the Hon. Chief Justice Susan Kiefel’s farewell ceremony at the High Court of Australia. Her Honour was the third woman to be appointed to the Court. She served for 10 years before being appointed the first female Chief Justice of the High Court. As you can see from the transcript, the ceremony was very well attended. As is common at these events, a full 5 minutes before the judges came onto the bench, a tipstaff asked those present to ensure that their mobile phones were switched off. From that moment until the judges took their seats, no one said a word. There must have been 200 people in the Court, and there was complete silence. There are very few secular places where 200 people would sit in silence for so long. That fact is reflective of the revered position our apex Court holds in our system of justice and, more generally, in Australian society. On behalf of the Bar, I thank her Honour for her long and distinguished service on our nation’s most important Court. 

On Tuesday, I attended a farewell for the former Race Discrimination Commissioner, Mr Chin Tan, which was hosted by the Asian Australian Lawyers Association. My thanks to the Association for the invitation.

On Wednesday, I attended a cocktail event to celebrate the 30th anniversary of the Women Barristers’ Association. The current patron of the Association, the Hon. Justice Melinda Richards, gave an interesting address about its history and some of its achievements. Her Honour referred to the fact that many years ago it was the WBA which originally suggested that there be a searchable register of women barristers on the Bar’s (then nascent) website. Unsurprisingly, the idea was thought to be a good one. So good in fact, that the Bar decided to create a searchable register for all barristers, and our ‘find a barrister’ function – which was way ahead of its time – was born.

Yesterday afternoon, I attended a Victorian Legal Services Board meeting and then spoke at the signing ceremony for our latest cohort of Readers. There are 16 women and 27 men in the group, ranging in age from 26 to 54 years old. I wished them well and welcomed them to our college. Please introduce yourself to our newest members when you see them around.

This morning, I delivered 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. For many years, his Honour has been one of Victoria’s most eminent public lawyers. His Honour is renowned for his skills in constitutional and administrative law and has been a generous mentor to many of us. I wish his Honour all the best for a long and distinguished career on the bench.

Tonight, I’m heading to the Dever’s List Dinner at the Arts Centre.

New silks

Earlier this week, the Hon. Chief Justice Anne Ferguson announced the appointment of 25 new Senior Counsel in and for the State of Victoria. I congratulate each of them:
Richard J Harris S.C., Sharon Lacy S.C., Helen Dellidis S.C., John Gurr S.C., Dean Guidolin S.C., Kylie Evans S.C., Luke Merrick S.C., Travis Mitchell S.C., Paul Liondas S.C., Simon Pitt S.C., Peter O’Farrell S.C., Hamish Redd S.C., Matthew Follett S.C., Gabi Crafti S.C., Kateena O’Gorman S.C., Tamieka Spencer Bruce S.C., Richard Stanley S.C., Barnaby Chessell S.C., John Tracey S.C., Liam Brown S.C., Fiona Spencer S.C., Catherine Boston S.C., Christopher Brown S.C., Shaun Gladman S.C., and Rishi Nathwani S.C..

Appointment as silk recognises a barrister’s excellence, integrity, and standing in the profession. We are very proud of them and wish them all the best as they embark upon the next phase of their careers.

There will be ceremonial sittings for Silk Bows on Wednesday, 8 November 2023, as follows:

  • in the Supreme Court of Victoria in the Banco Court at 9:15am;
  • in the Full Federal Court of Australia, in Court 1, 305 William Street, Melbourne, at 10:15am; and
  • at a joint sitting of the Federal Circuit and Family Court of Australia (Divisions 1 & 2) in Court 4A, 305 William Street, Melbourne, at 10:45am.

Next week

The Annual General Meetings of the Victorian Bar Inc., and of the Barristers’ Benevolent Foundation of Victoria Ltd, will be held at 5:00pm this coming Monday, 23 October 2023, in the Neil McPhee Room. Members will have received an invitation containing the agenda for each meeting and a link to register your attendance. Constitutional amendments are proposed by special resolution which concern the purposes of the Bar. The explanatory material for the proposed amendments can be found here, and you can have your say about them by attending the AGM or completing a proxy form by clicking here. Registrations close at 4:30pm on Monday, 23 October 2023. All proxies must be received by 5:00pm today – Friday, 20 October.

State of the Bar survey

To all our members who took the time to complete the 2023 State of the Bar survey, thank you. In all, 651 members participated. The data we gather will enable us to understand the demographics, wellbeing, and practices of our members. Once it has been analysed, the key findings will be shared with members.

Bar Council election 2023

Those of you who wish to run for Bar Council are reminded that nominations close at 5:00pm on Thursday, 26 October. This year, we have engaged Vero Voting to conduct the nominations process as well as the voting process (previously, the nominations process was conducted in-house). Please contact the Bar Office if you have any questions.

Other matters

Vice President Gina Schoff KC has previously written about a submission we made to the Inquiry into Ethics and Professional Accountability being conducted by the Federal Parliament’s Joint Committee on Corporations and Financial Services. Members may be interested to read a report in the AFR about it which can be accessed (behind a paywall) here. Thanks again go to those who participated in the working group: Gina, Allan Myers AC KC, James Barber KC, Joseph Carney, Lachlan Molesworth, Daniel Kinsey, and Sarah Zeleznikow.

The Victorian Bar’s Lawyers’ Mediation Certificate course is scheduled to take place over 6 days in late November/early December. Mediation is an essential part of the justice system, with accredited mediators being in high demand. This is an ideal course for members looking to broaden their practice. Barristers, solicitors, academic lawyers, and retired judges have all taken part in previous courses. You’ll earn 8 CPD points for attending. More information is available here and places are limited. You can register here. Further enquiries may be made by email to education@vicbar.com.au.

The Hon. Justice Timothy Ginnane was appointed to the Supreme Court of Victoria in June of 2013. His Honour brought over 30 years of legal experience to the bench, having been admitted to practice in 1977 and later serving as an associate to Federal Court Justice the Hon. Reginald Smithers. After joining the Bar in 1979, he practised in administrative law, employment and industrial law, trade practices, and commercial law. Justice Ginnane was appointed Senior Counsel in 2003 and named as a Judge of the County Court in 2009 before being elevated to the Supreme Court. His Honour turns 70 on Saturday, 4 November. As his Honour will be returning as a reserve judge, there will not be a formal farewell at this stage. However, I would like to take this opportunity to thank his Honour for his long and dedicated service to the judiciary.

Sam Hay KC

Vicbar News & Events
Nominations for the 2023-2024 Bar Council election

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 on Friday, 13 October 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.

Appointment of new Silks 2023

The Victorian Bar welcomed the appointment of 25 new Senior Counsel by the Honourable Chief Justice Anne Ferguson on Wednesday 18 October.

Richard J Harris

Sharon Lacy

Helen Dellidis

John Gurr

Dean Guidolin

Kylie Evans

Luke Merrick

Travis Mitchell

Paul Liondas

Simon Pitt

Peter O’Farrell

Hamish Redd

Matthew Follett

Gabrielle Crafti

Kateena O’Gorman

Tamieka Spencer Bruce

Richard Stanley

Barnaby Chessell

John Tracey

Liam Brown

Fiona Spencer

Catherine Boston

Christopher Brown

Shaun Gladman

Rishi Nathwani

The Court will welcome the new Silks in a ceremonial sitting to be held in the Banco Court on Wednesday, 8 November 2023 at 9:15am, followed by a morning tea in the Supreme Court Library.

Notice of Annual General Meetings ­of the Victorian Bar Inc and Barristers’ Benevolent Foundation of Victoria Ltd

THE VICTORIAN BAR INCORPORATED

Notice of the Annual General Meeting
The Annual General Meeting of counsel on the Bar Roll will be held on Monday, 23 October 2023 at 5:00pm in the Neil McPhee Room. If you would like to attend the meeting, please click on the link below to register your attendance.

Registration closes at 4:30pm on Monday, 23 October 2023.

Click here to download the minutes of the 2022 VBI Annual General Meeting.
Click here to download the draft Constitution (with amendments marked up).
Click here to download the explanatory memorandum attaching proposed amendments.
Click here to download the proxy form as an interactive PDF or click here to access the proxy form as an online form. Proxies must be received by 5:00 pm today, Friday 20 October 2023.

Click here to register to attend the meeting.

The Annual report is now available on the member section of the VicBar website here.

 

THE BARRISTERS’ BENEVOLENT FOUNDATION OF VICTORIA LIMITED

Notice of the Annual General Meeting
The Annual General Meeting of the Barristers’ Benevolent Foundation of Victoria Limited will be held on Monday, 23 October 2023 immediately following the conclusion of the AGM of the Victorian Bar Inc. If you would like to attend the meeting, please click on the below link to register your attendance.

Registration closes at 4:30pm on Monday, 23 October 2023.

Click here to register to attend the meeting.

Farewells — Federal Court of Australia

A ceremonial sitting will be held for the Honourable Justice Mordecai (Mordy) Bromberg and will take place in Court 1, Federal Court of Australia, 305 William Street, Melbourne on Friday, 17 November 2023 at 9:30am.

The sitting will mark the fact that Justice Bromberg will cease his full-time role with the Court and take up the position of President of the Australian Law Reform Commission.

Members who wish to attend the ceremony are asked to RSVP to dimitra.argyros@fedcourt.gov.au by 27 October 2023.

Seating will be arranged in Court 1 or another Court for viewing via video link.

A ceremonial sitting will be held for the retirement of the Honourable Justice Susan Kenny AM and will take place in Court 1, Level 8, Federal Court of Australia, 305 William Street, Melbourne on Friday, 24 November 2023 at 9:30am.

Members who wish to attend the ceremony are asked to RSVP to dimitra.argyros@fedcourt.gov.au by 03 November 2023.

Seating will be arranged in Court 1 or another Court for viewing via video link.

Welcome Ceremony — Her Honour Magistrate Allison Vaughan

A Bench Welcome to mark the appointment of her Honour Magistrate Allison Vaughan will be held in Courtroom 1, Melbourne Magistrates’ Court, 233 William Street Melbourne on:

Friday, 03 November 2023 at 9:00am

All counsel who are able to do so are asked to attend. The ceremony will also be livestreamed via Webex here.

Funeral Service — David J McKenzie

Bar Roll Number: 1971

It is with deep regret that the Bar Council informs members of the death of David J McKenzie.

A funeral will be held to honour the life of David at Crick Chapel, Fawkner Memorial Park, 1187 Sydney Road, Hadfield on Friday 20 October 2023 at 2:45pm.

A full obituary will be published in the coming days. Deepest sympathies are extended to David’s family and friends.

Lawyers Mediation Certificate Course

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.

WBA 30th anniversary breakfast event

To celebrate turning 30, WBA is holding a special breakfast event in the Essoign on Wednesday, 1 November at 7:30am (for a 7:45am start). The event will be hosted by Convenor Liz Ruddle KC and features a panel of previous WBA Convenors - the Honourable Judges Liz Gaynor, Samantha Marks and Suzanne Kirton, and barristers Helen Symon KC and Diana Price - to discuss the history of the WBA, how the Bar has changed over time, and what the future holds in store.

Tickets are $35 including a plated breakfast and available here.

The event will conclude by 9:00am. Please RSVP by 4:00pm Friday, 27 October.

Overdue subscriptions

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.

BCL Updates

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.

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 logged into the VicBar website to view these events.

  • 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.
     
  • The Path to Silk is on 1 November 2023 from 5:15pm-6:15pm. Join for a panel discussion with some of the Bar’s leading commercial silks on the different paths they took to get there, the challenges they faced (and overcame), and what they wish they’d known when they were juniors. This is an in-person event only for barristers and will not be livestreamed or recorded. Click here to RSVP.
     
  • Building on shifting sands: The effects of VCAT's eroding jurisdiction is on 2 November 2023 from 5:15pm-6:15pm. In this seminar the speakers will discuss the practical effects of VCAT's restricted jurisdiction for the Tribunal and practitioners, their implications, and the effect of recent legislative reform. This is an in-person event only. Click here to RSVP.

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 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.

Opera to Elvis

On Sunday, 5 November at 3:00pm, Opera to Elvis will be performed at the Wesley Church, 130 Lonsdale St. Featuring performances by talented tenor Samuel Thomas-Holland and soprano Helen Koehne, accompanied by Kylie Weston-Scheuber, the concert will feature a series of opera classics, some Elvis numbers and some other favourites. With guest performer, solicitor Henry Wei, performing Chopin’s First Ballade.

Tickets are $35 and available here.

The Essoign Calcutta Luncheon

Dear Members,

The Club is pleased to announce that we will be hosting the Essoign Calcutta Luncheon.

Details of which are as follows:

Venue:             The Essoign Club

Date:               Friday, 3 November 2023

Time:               12:45pm onwards

Click here to book.

See flyer here for more details.

Studio 11 – Dinah Ninio Exhibition

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

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.

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 to access the monthly Best Buys!

'What the Trees See'

A stunning meditation on the remarkable insights that Australia’s trees can offer into our past…

The trees around us – some we may walk past every day – tell a story. The mallee box by the twelfth hole of North Adelaide Golf Course evokes a time when Adelaide was clothed in mallee scrub and desert senna. Brisbane’s remnant blue gum, growing by the botanic gardens, indicates a time when the city was once jungle. The river red gums of Melbourne bear the scars of Aboriginal craftsmanship. Mangroves, Leichhardt trees, acacias, eucalypts, foxtails … together, they inspire a narrative that jumps from Burke and Wills to sugar slaves, Empress Josephine to Johnny Flinders. Eucalypts reveal lost cultures and lost children. Cabbage palms tell of incomparable migrations. In the spirit of Bob Gilbert’s Ghost Trees and Don Watson’s The Bush, this book explores how our trees hold our history and reveal it to us.

Click here to order your copy of 'What the Trees See' by Dave Witty.

Practice & Profession News
Silk Bows 2023

A joint sitting of the Federal Circuit Court and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2) will be held on Wednesday, 8 November 2023 at 10:45am in Courtroom 4A, Level 4, Owen Dixon Commonwealth Law Courts, 305 William Street, Melbourne to recognise the Senior Counsel appointed in and for the State of Victoria in 2023. The sittings are being held directly after the sittings in the Supreme Court of Victoria and the Federal Court of Australia.

Chief Justice Alstergren AO invites members of the Bar to attend to celebrate the new Senior Counsel appointed in and for the State of Victoria.

The ceremonial sitting will be livestreamed for those of you unable to attend: Federal Circuit and Family Court of Australia (Division 1) & (Division 2) | Silk Bows 2023

CMS Help Centre

Children’s Court of Victoria is proud to announce that CMS Portal is now available for child protection to all legal practitioners.  We have expanded the current CMS Help Centre to house support material for both the civil and child protection jurisdictions.

You will be able to access this site at courts.vic.gov.au/cmshelpcentre/, and view quick reference guides, videos, forms and fees information for both jurisdictions as well as seek assistance.

Barristers’ perspectives on online hearings in Victorian courts

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.

Starts With Us Framework

Women’s Legal Service Victoria alongside organisations from across the sector have launched the Starts With Us Framework to guide legal and justice workplaces to prevent gendered violence at work. Everyone has the right to a safe workplace, free from discrimination and harassment, no matter their gender. The Starts With Us Framework steps out how legal and justice workplaces, however big or small, can prevent gendered violence before it begins, by changing attitudes, cultural norms and systems and structures. Read more here

Supreme Court Library lift upgrade

The lift in the Supreme Court Library is closed for upgrade works until further notice.

  • Access to Level 1 collections and public toilets will be via stairs only.  
  • Material from Level 2 and 3 must be requested in advance. Use the contact form to submit requests and to check retrieval times.

The Richard Griffith Library provides Bar members access to the same online resources available in the Supreme Court Library.

Barristers also have access to a range of legal resources on their own devices via the Digital Bar Library on the Law Library website.

Profession CPD & Events
Australian Bar Association: Advanced Trial Advocacy Intensive

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 Upcoming Events

Melbourne Law School is pleased to present the following events:

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  

Further information and registration

NELA Environmental Law Conference – 3 Nov 2023

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.

Annual General Meeting and Dinner Invitation

Members and guests are invited to attend the Australian Academy of Forensic Science (Victorian Chapter) Annual General Meeting with Dinner and Plenary Presentations by

Dr Maria Corazon A. De Ungria

Head, DNA Analysis Laboratory, Natural Sciences Research Institute
University of the Philippines Diliman

Director, Program on Biodiversity, Ethnicity, and Forensics

Philippine Genome Center

Presentation Topic: Changing Lives Through Forensic DNA Testing

 

Attorney Jose M. Jose

Director, Innocence Project Philippines Network, Inc.

Litigator handling civil and criminal cases, estate proceedings, election law, and agrarian reform law

Presentation Topic: Death Penalty and the Drug War in the Philippines: Can Forensic Sciences Make A Difference?

Tuesday, 14 November, 2023, 6:30pm

Bayside Room

Level 2, RACV Club, 501 Bourke St., Melbourne

Dress: Business attire

Cost: Members $110 | Partners & Guests $125

2 Course Dinner

Beverages included

Reduced car parking fee

Please RSVP by Wednesday, 8 November using the form here.

Upcoming Resolution Institute Events

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.

Careers & Opportunities
Recruitment of Members for the Administrative Review Tribunal

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.

Lawyer, Justice Human Research Ethics Committee

Justice Human Research Ethics Committee (the Committee) seeks expressions of interest from suitably qualified candidates with a legal qualification. Experience or interest in either medical ethics law, health, privacy, human rights or administrative law would be well regarded.

The Committee provides robust and independent consideration of research applications put before it for ethical review according to its criteria for referral and the ethical standards set out in the National Health and Medical Research Council's National Statement on Ethical Conduct in Human Research (National Statement, 2018).

As our ideal candidate you will:

  • Be familiar with the National Statement and consult other guidelines relevant to the review of specific research proposals;
  • Prepare for, and attend, eight Committee meetings per annum as well as an annual professional development day;
  • Identify the relevant risks and benefits of research proposals and assess how well risks are addressed in any proposed mitigation measures;
  • Decide whether the research proposals considered meet the requirements of the National Statement;

Applications close Sunday, 29 October 2023.

Click here for more information and to apply.

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, 26th October 2023