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In Brief Issue #1128
10Nov
Although it has been a short week, there is much to report.
Our newly appointed silks took their bows on Wednesday before the Supreme Court of Victoria, the Federal Court of Australia, and the Federal Circuit and Family Court of Australia. It was a significant day for them and for their families and friends who were able to attend. I wish them every success and trust that they will continue to celebrate well into the new year.
As members will know, voting in the Bar Council Election closed on Wednesday. The Poll was declared last night at the final meeting of the 2022/23 Bar Council. On behalf of the Bar, I give heartfelt thanks to the following members who are departing, all of whom have given dedicated service to the Bar over the last 12 months, and some of whom have served for much longer: Suzanne McNicol AM KC, Alistair Pound S.C., Catherine Boston S.C., Dr Michelle Sharpe, Ashlee Cannon, and Nawaar Hassan.
Sam Hay KC is, of course, also stepping down from Bar Council. It has been my privilege to work closely with Sam this year and I have been well placed to observe his exceptional leadership both within Bar Council and in all the other duties that have fallen to him. I think I can safely say that his collaborative and sensible approach to every issue has earned him the respect of all members. On behalf of the Bar, I thank Sam for all that he has done – and continues to do. He is in Perth for the next couple of days, representing our Bar at the WA Bar Association’s annual dinner, and will attend the ABA meeting tomorrow.
Last night was also the first meeting of the Bar Council for its 2023/24 term. The main business of the meeting was to elect the office bearers. I was honoured to be elected President. Colin Mandy S.C. and Elizabeth Bennett S.C. were elected as Vice Presidents, Sarah Keating as Honorary Treasurer and Raini Zambelli as Assistant Honorary Treasurer. I welcome all the new and returning members of Bar Council, I feel certain that we will have a productive year. The full list of Bar Councillors and office holders can be seen here.
On behalf of the Bar, I would also like to acknowledge and to thank Mark Robins KC, who – although re-elected to Bar Council – has stepped down as Honorary Treasurer. Mark has occupied that onerous role for two years with a fierce eye to keeping member subscriptions low. As Honorary Treasurer, he has also served on the board of the Barristers’ Benevolent Foundation of Victoria, bringing a considered and compassionate approach to those difficult duties.
An EOI process for membership of the Bar Committees in 2023-2024 opens today. The deadline for receipt of expressions of interest is 5:00pm on Thursday, 23 November 2023. I encourage all interested members to submit an expression of interest. When doing so, it would be helpful if you could provide brief reasons for your interest in the Committee(s) on which you are keen to serve.
La Trobe University recently joined fellow institutions in establishing a mentoring program for students to experience what life is like as a barrister. The program allows La Trobe Law students to shadow a member of the Victorian Bar as part of their Civil Dispute Resolution core subject. 18 Bar members provided guidance to three La Trobe law students as part of the Bar Mentoring Program; my thanks go to each of them for taking on this important initiative. You can read more about the program here.
Georgina Schoff KC
The Victorian Bar are pleased to inform you that following the recent Victorian Bar Council election, the following office bearers have been appointed to the Bar Council for the 2023-2024 term:
President – Georgina Schoff KC
Vice President – Colin Mandy S.C.
Vice President – Elizabeth Bennett S.C.
Honorary Treasurer – Sarah Keating
Assist. Hon Treasurer – Raini Zambelli
The following members were elected to the Bar Council (in order of seniority):
Eleven counsel who are King’s Counsel, Senior Counsel or junior counsel who are of not less than 15 years’ standing:
- Gavin Silbert KC
- Peter Chadwick KC
- Georgina Schoff KC
- Mark Robins KC
- Colin Mandy S.C.
- Justin Hannebery KC
- Fiona Ryan S.C.
- Elizabeth Bennett S.C.
- Rishi Nathwani S.C.
- Darryl Burnett
- Sarah Keating
Six counsel who are junior counsel and who are of not less than 6 years’ standing and of not more than 15 years’ standing:
- Moya O'Brien
- Timothy Goodwin
- Daniel Nguyen
- Raini Zambelli
- Jessie Taylor
- Ffyona Livingstone Clark
Four counsel who are junior counsel who are of less than 6 years’ standing:
- Lana Collaris
- Andrea Skinner
- Felicity Fox
- Gemma Cafarella
At its meeting on 9 November 2023, the Bar Council resolved to seek expressions of interest for the positions of Honorary Secretary and Assistant Honorary Secretary.
Click here to express interest.
Expressions of interest must be received before 5:00pm on Thursday, 23 November 2023.
The Honorary Secretary and Assistant Honorary Secretary:
- assist in the administration of membership matters, which includes dealing with applications to sign the Roll of Counsel and transfer requests from existing members;
- interview prospective readers prior to each Readers’ Course;
- attend Bar Council and management meetings of officeholders and staff when required;
- assists the Bar Council Officeholders and members particularly in respect of the constitutional responsibilities of the Bar Council.
The time required to perform the role varies from week to week. On average, about 3-4 hours should be allocated each week, however the time required will be greater at certain times during the year, especially when reader interviews are being conducted prior to each Readers’ Course.
Expressions of interest are sought from members of the Bar who wish to remain on, or become a member of, one or more of the Bar committees. A copy of the protocol of appointments is accessed here.
It is through the Bar’s committees that a great deal of the work of the Bar as a representative professional institution is done. The selfless contribution of time and effort given by members is a donation of great value to the Bar and to the wider community.
All members who have an interest in serving on any of the committees in 2023-2024 must submit an expression of interest, even if they have previously served on the committee. Existing committee members should note that if you do not complete an expression of interest, it will be assumed that you no longer wish to continue your membership of any committee.
You will need to be logged in to the Bar website to express interest.
Click here to express interest.
All practising counsel are invited to express interest. Experience is not a prerequisite to serve on a committee.
Each Bar committee takes seriously its role in advancing the interests of members of the Bar fulfilling the purposes of the committee. Those seeking election to a committee should, therefore, not underestimate the workload. Click here for a copy of the role descriptions and responsibilities of each of the committees.
The deadline for receipt of expressions of interest is 5:00pm on Thursday, 23 November 2023.
For any enquiries, please contact Sharni Doherty: sharni.doherty@vicbar.com.au.
Are you interested in increasing your skill in working through your own challenging workplace moments?
Are you interested in getting better at listening to a colleague talk about their own challenging workplace moments?
If you have answered ‘yes’ to both questions, you are a potential candidate for a new peer group program initiated by the Health and Wellbeing committee. The program is being funded by the LSB and will be developed by Bernadette Healy in consultation with the committee, and with program participants. This is a pilot program which is trying out a new and small-group approach to dealing with the particular challenges of being a barrister. The program will be conducted in a safe and confidential environment.
To express interest or ask a question please call Bernadette on 0417 351 677 or email her at bhealy@revisiongroup.com.au
Bar Roll Number: 1933
It is with deep regret that the Bar informs members of the death of Laurie Robson.
A funeral will be held to honour the life of Laurie at W.D Rose Funerals, 139 Marriage Rd Brighton East 3186, on Monday, 13 November 2023 at 10:45am.
A full obituary will be published in the coming days.
Deepest sympathies are extended to Laurie's family and friends.
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.
When it Gets Personal: Addressing Judicial Bullying is on Tuesday, 14 November 2023 from 5:00-6:15pm. Join the Honourable Chief Judge Peter Kidd and Alexis Eddy, Director of the Judicial Commission of Victoria, in an engaging and highly interactive discussion that explores bullying within the court. The expert panel will explore the recent findings around Judicial Bullying by the Commission, through an everyday courtroom case study. Joined by David Hallowes S.C. and Stella Gold from the Bar, the panel will be chaired by Lisa Hannon KC, and will explore how judicial bullying occurs in courts, the importance of professional standards and ethics for the judiciary, and how standards decline when things get personal. This is an in-person only event. Click here to RSVP.
- Effective 1 December 2023, members who do not have chambers with BCL are required to pay via direct debit for technology services. Click here to register for direct debit, and click here for most recent communication.
- Why Take Chambers with BCL? As a wholly owned subsidiary of the Victorian Bar, BCL provides a flexible and unique solution to chambers and technology support that is 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.
- Intervention Orders: Everything you wanted to know but were too afraid to ask is on 13 November 2023 from 5:15pm-6:15pm. This seminar will address matters including the intersection of the criminal law and intervention orders, the practical implications of DPP v Cormick [2023] VSCA 186, and counselling orders: essential knowledge for any barrister appearing in both intervention order and breach proceedings. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Office of the Public Prosecutions (OPP) New Barrister Development Program is on 24 November 2023 from 9:00am-4:00pm. The Office of Public Prosecutions (OPP) is pleased to announce a new specialist course – the OPP New Barrister Development Program. The program includes structured educational sessions (including CPD points) led by the Chief Crown Prosecutor, Senior Crown Prosecutors and experienced OPP solicitors and social workers. For more information see flyer. This is an in-person only event. Click here to RSVP.
- In Safe Hands: Arbitral Awards, Challenges and Enforcement is on 15 November 2023 from 5:15pm-6:15pm. This seminar is the third and final in the series, giving practitioners foundational knowledge of arbitral awards, the process involved in challenging an award, and the enforcement process. This seminar will cover topics such as the award, interim measures, challenges, recognition, and enforcement. This is an in-person event that will also be available online via livestream. Click here to RSVP.
- Serious injury cases in child protection: A medico-legal perspective from the Victorian Forensic Paediatric Medical Service is on 16 November 2023 from 5:00pm-6:00pm. The Children’s Court Bar Association is pleased to present Dr. Anne Smith, Director, Victorian Forensic Paediatric Medical Service at the Royal Children’s Hospital Melbourne. Dr. Smith will discuss the role of the VFPMS in serious injury cases, the interaction between VFPMS, DFFH, legal practitioners and the Court, and important recent cases on the forming of medico-legal opinions. This is an in-person event which will also be available online via livestream. Click here to RSVP.
- Terms of settlement in mediation is on 20 November 2023 from 5:00pm-6:00pm. This seminar will discuss on how to prepare terms of settlement before mediation. This is an in-person event which will also be available online via Zoom. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
Artists for Kids Culture Charity Art Auction 2023 is being held at the iconic George Ballroom on Thursday, 16 November, 7:00pm - 11:00pm.
MCs: Brian Nankervis / Dylan Lewis.
Established in 1994, the AKC is a registered charity that supports children who face financial hardship by giving them the opportunities they wouldn't otherwise have to participate in various arts activities such as art, dance, drama, and music.
52 artworks have been generously donated by the leading and emerging Australian artists. 100% of the proceeds go directly to supporting the kids.
An opportunity to acquire an artwork, meet the artists and make a difference to a child's life.
Tickets - akc.org.au: $85
Ticket price includes: Complimentary drinks on arrival from 7:00-8:00pm, cocktail food by 'Damm Fine Food', live musical entertainment, catalogue and art bidding paddle.
Enquiries - Shivani Pillai, AKC Committee / Barrister Foley's List 205 William Street Melbourne 0411446500 shivanipillai@vicbar.com.a
The Essoign now has a coffee cart open on the ground floor of Owen Dixon West.
Available daily from 7:30am is tea, coffee and a selection of sweets and pastries.
Ask about our VIP coffee cards at the cart.
Click here to view the flyer.
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!
The Federal Circuit and Family Court of Australia have published a media release on 'New approach for family law property disputes saves time, money and stress for people facing family violence and other risks'.
Click here to view the media release.
More information, including Updates to the Profession, is available from the Courts’ website.
Practice Note: Schemes of Arrangement
The Supreme Court of Victoria have published a new Practice Note — SC CC 9 Schemes of Arrangement.
Judicial Announcements
Click here to see the Supreme Court statement on the latest judicial announcements.
Retirement
Click here to see the Supreme Court statement on the retirement of Justice Ginnane.
Changes to Registry process
From 6 November 2023 the Supreme Court will change its process regarding some documents filed by parties on RedCrest.
If you provide family relationship services (including under the Family Relationship Services Program) to separating or separated clients or you are a family law system professional providing services to these clients, we want to hear from you as part of our Review of the Family Relationship Services Program (FRSP).
This research will help us to understand the needs of separated and separating families.
To share your views, take the survey today.
If you have any problems accessing the survey, please email: FRSPreview@aifs.gov.au or call 1800 720 142.
Law Library Victoria has librarians onsite at the Richard Griffith Library every week. Our librarians can introduce you to expert commentary, guide you to practical resources, and connect you to the right information.
Three onsite computers provide you with access to the same online resources as the judiciary.
Staffed hours at the Richard Griffith Library are:
- Wednesdays, 9:00am - 11:00am
- Thursdays, 1:00pm - 3:00pm
Barristers can contact the Library any time via the website contact form.
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 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 speak. 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
2023 Francis Gurry Public Lecture on Intellectual Property:
Towards a sustainable patent system and society
Presenter: Mr António Campinos, President of the European Patent Office
This year the European Patent Office (EPO) celebrated 50 years of the European Patent Convention (EPC). In that time, the signatories to the EPC have grown from 16 to 39 Member States, and the EPO has granted over 2 million European Patents. Building upon the achievements of the EPO’s Strategic Plan 2023, the new Strategic Plan 2028 is about to be launched and will centre on one overarching goal: sustainability. SP2028 is set to guide the EPO towards establishing a more sustainable European Patent Organisation and patent system that can support the innovation ecosystem, economic growth and competitiveness in Europe and beyond. In this presentation, the President of the EPO will share his vision for the next stage of the Organisation’s contribution to the patent system and the societal benefits it brings. We hope you can join us for this opportunity to hear Mr António Campinos speak. Please join us for welcome drinks and refreshments from 5:15pm, before the lecture presentation commences at 6:00pm sharp.
The Francis Gurry Lecture series has been generously supported by AIPPI Australia, IP Australia, IPSANZ, and LESANZ.
Date & time: Tuesday 28 November 2023, 5:15pm - 7:00pm
Location: Woodward Conference Centre & Online livestream, Melbourne Law School, 185 Pelham St, Carlton
Dispute Resolution: The Media Challenge
With Peter Bartlett (Media Partner, MinterEllison)
Tuesday, 05 December 2023 | 12:00pm – 2:30pm AEDT | InterContinental Melbourne The Rialto
Dispute Resolution: The Media Challenge
“The Defamation Trial of the Century”
You are invited to attend the 2023 Resolution Institute Annual Lunch featuring special guest speaker, Peter Bartlett, Media Partner, MinterEllison and the leader of the Nine Defence Team.
Litigation throws up many challenges. Few like this case. Ben Roberts-Smith, one of Australia’s most decorated War Heros, took on the Nine Network (the Melbourne Age, the Sydney Morning Herald and two of Australia’s leading journalists). It was a significant challenge to the public’s right to know. Roberts-Smith was able to use every legal option at his disposal. Peter Bartlett will provide key insights on meeting the challenges of the matter that ultimately delivered a comprehensive win (now subject to Appeal) in what has been hailed by Australian media as ‘The Defamation Trial of the Century’.
The lunch will be held at InterContinental Melbourne The Rialto. Located in the heart of Melbourne on Collins Street in the business and legal precincts, the hotel is a fine dining destination with a stylish mix of heritage and modern luxury surrounded by contemporary artworks. Comprising Entrée, Main, Petit Fours and Beverages, lunch will commence with Networking Drinks on Arrival from 12:00 to 12:30pm and will conclude at 2:30pm.
Join fellow members and guests of the judiciary, government, media and commerce for what will be a must-attend event. As seats are strictly limited, be sure to register asap.
Click here for more information and to register.
Inquiries: Gianna Totaro
0438 337 328
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.
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, 16th November 2023