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In Brief Issue #1130
24Nov
On behalf of the Bar, I extend my congratulations to the Honourable Justice Christopher Boyce, who has been appointed as a judge of appeal of the Court, effective Tuesday, 21 November. His Honour Judge Paul Cosgrave has also been appointed as a judge of the Supreme Court, with his Honour commencing on Friday, 8 December where he will serve in the Commercial Court of the Trial Division. Information regarding welcome ceremonies will be provided soon.
The recently released Legal Services Expenditure Report 2021-22 shows that the total value of briefs to counsel (whether direct or through firms) has increased year-on-year over the past five years, albeit while the number of briefs has decreased. The increase in the value of work being done by barristers shows that Australian Bars continue to be a trusted source of advice and expertise. In addition to that exceptional outcome, it shows that the targets of 25 per cent of briefs to senior women (by number and value) and 30 per cent to junior women have been exceeded. These are encouraging and positive figures across the board. The report is well worth reading.
In a similar vein, it was great to attend the WBA 2023 ‘Leaps and Bounds’ event on Monday evening. This was an opportunity to welcome new Readers to the Bar, as well as silk appointments, and acknowledge the contributions made by women who have advanced the Victorian Bar. The event was well attended and added to the already long list of significant moments for the WBA this year – the Association’s 30th anniversary.
The Peter O’Callaghan QC Gallery unveiled its latest addition on Tuesday: a portrait of the Hon. John Middleton AM KC. Justice Middleton joined the Federal Court of Australia in 2006, was appointed Deputy President of the Australian Competition Tribunal in 2009, and presidential member of the Administrative Appeals Tribunal in 2010. He signed the Bar Roll in 1979, was appointed QC in 1991, and served many roles at the Bar, including as chair of the Victorian Bar Foundation. Officially unveiled by Philip Crutchfield KC (who provided a funny and insightful speech about Justice Middleton), this addition to the gallery is a most deserved one, given Justice Middleton’s substantial contribution to the Bar over the decades. Thanks to the Peter O’Callaghan QC Gallery Foundation for having commissioned the striking portrait, and to the Arts & Collections Committee for organising another first-class event.
I attended the Tarwirri (Indigenous Law Students and Lawyers Association) 20th anniversary dinner this week. The dinner was well attended with addresses given by each of Magistrate Abigail Burchill and Tim Goodwin (both of our Bar). They both spoke about the challenges that were often faced by First Nations people in accessing justice or a career in the law, as well as the strength of the long-term support Tarwirri provides its members, and that the Victorian Bar has shown in encouraging more First Nations barristers through the Indigenous clerkship, the Indigenous Barristers’ Development Fund, and the Mentoring Scheme.
The Federal Court is considering the timing of its Full Court and Appellate sitting periods, including a reduction in the February 2024 Full Court sitting period. The proposed reforms are, in part, a reflection of the value of ensuring that practitioners receive a break over the summer holiday period. The profession is invited to provide feedback on this important reform; that feedback is sought by Friday, 15 December 2023. I encourage any members who practice in the Federal Court to consider providing their views. They can do so here.
I would like to remind everyone that Victorian Bar’s annual Christmas event will be held in the late afternoon/evening of Thursday, 14 December. Please come along with your chamber mates and celebrate.
Gina Schoff KC returned from well-deserved leave this morning in time to deliver a beautiful tribute to Justice Kenny on the occasion of her Honour’s retirement from the Bench after an extraordinary career at the Federal Court of Australia. Gina will return to regular In Brief duties next week.
Elizabeth Bennett S.C.
A welcome ceremony to mark the appointment of the Honourable Associate Justice Caroline Goulden as an associate judge of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Monday, 27 November 2023 at 9:15am
A welcome ceremony to mark the appointment of the Honourable Justice Andrew Watson as a judge of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Monday, 4 December 2023 at 9:15 am
A welcome ceremony to mark the appointment of the Honourable Justice Claire Harris as a judge of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Wednesday, 6 December 2023 at 9:15am
Supreme Court of Victoria
Court of Appeal
The Honourable Chief Justice Ferguson of the Supreme Court of Victoria has advised that the Executive Council appointed the Honourable Justice Christopher Beaumont Boyce as a Judge of the Court of Appeal, effective 21 November 2023.
Details of the welcome ceremony will be advised when they are known.
Supreme Court of Victoria
The Honourable Chief Justice Ferguson of the Supreme Court of Victoria has advised that the Executive Council appointed his Honour Judge Paul James Cosgrave as a Judge of the Supreme Court of Victoria, effective 8 December 2023.
Details of the welcome ceremony will be advised when they are known.
Congratulations to Victorian Bar member and Vice President of the Children's Court Bar Association, Arna Delle-Vergini for winning the Lawyers Weekly Barrister of the Year for 2023.
Other Bar members nominated for the award include Tahlia Ferrari, Sharon Kermath, Temple Saville, Alison Umbers and Angelika Yianoulatos.
Following Georgina Schoff KC’s appointment as the President of the Victorian Bar on 9 November 2023, she has resigned from the BCL Board and will not be standing for re-appointment for a further term. The BCL Constitution provides that BCL must have no less than three (3) and no more than ten (10) directors. In accordance, the BCL board now has one position available.
Appointment of a director to BCL will be done in consultation with the current BCL board. It is important that the directors of BCL have the requisite skills to manage and administer the business of BCL. Experience and expertise in corporate governance, business, town planning and/or the property industry is important. The deadline for receipt of expressions of interest is Thursday, 30 November 2023 at 5:00pm. Please direct any interest to Sharni Doherty at sharni.doherty@vicbar.com.au.
Indigenous Australians, their cultures and experiences, have an important part to play in the legal profession.
As part of the Victorian Bar’s commitment to reconciliation, the Bar conducts a clerkship program for Indigenous law students on an annual basis. Applications for the 2024 Victorian Bar Indigenous Clerkship Program are now open.
We kindly request that you share this information with your networks and to any Indigenous law students who may be interested in participating.
This year, the Bar is offering up to six paid clerkship positions to Indigenous law students, which will involve four consecutive weeks of rotation at the Bar, the Federal Court of Australia, Supreme Court of Victoria and County Court of Victoria. The Program places emphasis on the tasks undertaken by barristers and judicial officers. It presents a unique opportunity to see a side of the legal profession that is normally hidden. The Program would be of interest to Indigenous law students considering a career in law, not only as a barrister. Further information about the program can be found here.
Applications close on Monday, 4 December 2023.
After the closing date, a selection panel will determine all applications in accordance with the criteria indicated in the information booklet and applicants will be notified accordingly. A sample acceptance letter with additional information is accessible here.
Any enquiries about the application procedure and selection criteria or the clerkship program in general may be made to:
Indigenous Justice Committee
Victorian Bar Inc
Level 5, 205 William Street
Melbourne VIC 3000
03 9225 7111
Or by email to clerkships@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 please contact ed@vicbar.com.au or to ask any questions please call Bernadette on 0417 351 677 or email her at bhealy@revisiongroup.com.au
You are invited to join Professor David Rolph for the launch of ‘Contempt’, the first Australian text on this complex area of law at The Essoign from 5:00pm on 30 November 2023.
With opening remarks from the Hon. Justice Bernard Murphy and Fiona Forsyth KC, followed by refreshments and mingling. We hope you can join us to celebrate the launch of this critical and welcome text for all legal practitioners.
Jointly presented by the Media and Communications Law Research Network and the Media Law Section of CommBar.
Please RSVP by 5:00pm on 25 November 2023 using the button below.
Copies of ‘Contempt’ will be available for purchase on the evening, and may also be purchased here.
Click here to register.
- 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.
- Clinical Forensic Medicine in the Courtroom - Head Injuries and Clinical Toxicology is on 27 November 2023 from 5:15pm-6:15pm. This is a two-part session that provides an overview of two common areas of forensic medical evidence in the courtroom which are head injuries and clinical toxicology. This is an online only event by Zoom. Click here to RSVP.
- Ethics in mediation is on 28 November 2023 from 5:00pm-6:00pm. This is a highly interactive presentation in which the Law Institute of Victoria's Special Counsel – Ethics, Michael Dolan, will explore common ethical challenges which can often arise in mediations. These will be illustrated and discussed using de-identified real-life scenarios. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Vanderstock v Victoria [2023] HCA 30 is on 29 November 2023 from 5:15pm-6:15pm. In this seminar, a distinguished panel of eminent members of the bar will address the 'electric vehicle tax' decision, which is likely to have far-reaching implications for Australia’s tax jurisprudence and political economy. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Workers' Compensation – A Year in Review is on 30 November 2023 from 5:15pm-6:15pm. In this seminar, you will hear from the highly experienced barrister Lachlan Allan present on the most important decisions from 2023 in relation to statutory workers compensation law. This is an in-person event for barristers only and will also be available online via livestream. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
Members are invited to the annual Victorian Bar End of Year Drinks. This year it is scheduled to be held from 5:00pm until 7:00pm on Thursday, 14 December 2023 in the Peter O’Callaghan QC Gallery (West).
Click here to register.
Members are offered an exclusive discount while staying at the Capella, Sydney. This heritage-listed icon welcomes guests, setting a global benchmark for luxury accommodation, cuisine, and cultural immersion. Balancing storied architectural features with a contemporary design aesthetic, Capella Sydney celebrates the Australian panorama through its interiors, location, and experiences.
Eligibility
Guests must make a reservation under a Bar Association email address
Short Term Stays
Stays up to and including 9 nights:
$495 – Deluxe Room
$600 – Premier room
Room only
Long Term Stays
Stays 10 nights and over up to 30 nights:
$495 – Deluxe room
$600 – Premier Room
Room and Breakfast for one at Brasserie 1930
Terms & Conditions
A 24-hour cancellation fee applies
Both short term and long term rates are not applicable to arrivals on Saturdays
A valid credit card is required at time of booking to guarantee reservation
Long Term will be required to be settled every 7 days
Blackout dates: 27 December to 31 December 2023, 1 January 2024, and 27 December to 31 December 2024 inclusive (agreed rates will not be available during these periods)
Offer valid until December 2024
Rates subject to availability
Discounted rates are for business purposes only
For bookings, please contact Suzie Bellamy, Director of Sales - suzie.bellamy@capellahotels.com, or Reservations Team - reservations.sydney@capellahotels.com
Dear friends & allies,
You are warmly invited to attend the Victorian Bar's Rainbow Drinks end of year cocktail party!
When: Friday, 15 December from 6:00 - 8:00pm
Where: The Builders Arm Hotel (Bowery Room), 211 Gertrude Street. Fitzroy.
Who: Barristers, partners, judicial officers, associates & solicitors (all welcome!)
For a change of scenery, we are holding our event off-site this year. It is a ticketed event and tickets are limited, so get yours quick!
Tickets: $110 p/p (inclusive of drinks & canapes).
Dress: Cocktail
To RSVP and secure your place click here.
Unable to make it? Please consider purchasing a solidarity ticket to support the event and/or provide access for junior attendees. Just note “solidarity” under Dietary Requirements on your form. If you are a reader or think you need a solidarity ticket, no questions asked, please let us know.
Contacts: Beth Warnock, John Heard or Owen Nanlohy.
Click here to view the flyer.
Shakespeare’s Globe Theatre fits in the Ormond quadrangle. The gothic splendour of Ormond becomes Elsinore Castle under siege from within and without. England was at war in Ireland when Hamlet was first staged in 1601. Shakespeare’s son Hamnet had died in 1596. Elizabeth I had no heir. Chaos loomed.
The play portrays two states, three families and three sons whose fathers die violently. It explores how sex, power, madness and violent death interact. Isn’t it sane to go mad in a crazy world?
The Revel’s production moves between the Ormond quadrangle with its battlements and balcony, into the common room as the castle interior and then back out into the quadrangle for the bloody end. It is inspired by director Campbell Thomson’s experiences on the Falls Road in West Belfast during the Troubles. His last two productions were The Cherry Orchard and Othello at fortyfivedownstairs.
The show stars William Rogers, back from touring NZ in Dracula, as Hamlet. Isabelle Weiskopf, Ophelia, features in the film Remnant, opening next month and is shooting Shelter in January. Other roles are played by experienced actors or recent drama school graduates. Chris Boyce, newly appointed to the Court of Appeal, composed the music and plays in the brass quintet that accompanies the play.
Hamlet opens on 30 November at 8:00pm. Other performances are on 1,2,3,7,8,9,10 December. Tickets are available on Trybooking.com. The Ormond gates will be open from 7:30m. Drinks, from our sponsors Denmark House and Delatite Wines, are available before the show and at interval. The show will finish at 10:40pm. Please contact me to find out more.
Campbell Thomson
Director/Producer
campbellthomson@vicbar.com.au
0413 028 686
Click here to view the flyer.
Dost Mentoring Group is proud to announce that its Melbourne CBD fundraising concert will be held on Thursday, 30 November at 6:00pm.
Venue: The Melbourne Lyceum Club, 1 Ridgway Pl, Melbourne
Drinks and canapes at 6pm will be followed by an hour of classical music performed by talented members of Melbourne’s legal profession, with performances featuring violin, cello, piano, clarinet and vocals. Performers include Justice Alister McNab, Judge Paul Glass and barristers Kylie Weston-Scheuber and Alice Wharldall.
Dost is an incorporated association that operates under the umbrella of Community Refugee Support Association (CRSA). Funds raised from the event will be used by Dost to provide financial support for a refugee family whom they will sponsor under CRSA’s Community Refugee Integration and Settlement Pilot from the first day of their arrival in Australia. More information about CRSA and the program can be found here. You can also contact Kylie Weston-Scheuber for further information on kylie.weston-scheuber@vicbar.com.au.
Tickets are $120 (including drinks and canapes prior to the concert). To purchase tickets, please click here. Please book by 24 November at the latest.
*Club members, Frances Millane and Diana Bryant AM KC will host this private event. The Lyceum Club is a private members’ club. In the interests of respecting privacy within the club and the privacy and confidentiality of information about others, you are not permitted to broadcast on social media or take photographs/videos of the event. However, please note that Dost will designate a person to take photographs/videos of the performers and the performance can be shared without attribution of the venue.
*Image by Starline on Freepik
We are open daily from 7:30am – till late.
Breakfast - for dine-in or takeaway.
Lunch – Daily Café Menu dine-in or takeaway.
Lunch Dine-In - A La Carte from midday.
Bar – EVERY EVENING - $5 Beer & Wine from 4:30pm – 5:30pm
Catering & Events - Special lunches, working lunches, private dinners Christmas Lunch or something special you may have in mind. Email us at essoign@vicbar.com.au
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 High Court of Australia (the Court) has revised the process for the consideration of applications for special leave to appeal, applications for leave to appeal and applications for removal. The Court will also change the timing and manner of publication of its decisions in relation to these applications.
More information can be found on the High Court website here.
The Sentencing Advisory Council has released a new report investigating 'combined orders', which involve someone receiving both a term of imprisonment as well as a community correction order (CCO). The Council found that of 95,000 CCOs imposed in Victoria in the 9 years from 2012 to 2021, over 18,000 of them were imposed alongside a term of imprisonment (19%).
Other key findings in the report include:
- there has been a significant increase in the use of combined orders, with about 3,000 combined orders now being imposed each year,
- most combined orders were imposed on males (90%),
- many combined orders were imposed in cases involving family violence offending (42%),
- about half of all combined orders in the Magistrates' Court now involve a time served prison sentence with no further time to serve after sentencing (49% in 2020);
- combined order CCOs had much higher rates of supervision and treatment, whereas CCOs imposed without a term of imprisonment involved much higher rates of unpaid community work.
To download the report, click here.
Visit the Richard Griffith Library (next to the Essoign Club) to access the complete Law Library Victoria digital collection 24/7.
Some of the many resources available via the Richard Griffith Library computers include:
- Lexis Advance
- Westlaw Australia
- CCH
- ICLR
- Victorian Reports, Commonwealth Law Reports, and English reports.
- International resources
- Extensive journal collection
Not sure where to start? Our librarians are onsite to help:
- Wednesdays, 9:00am-11:00am
- Thursdays, 1:00pm-3:00pm
Or contact us online here.
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.
The International Commission of Jurists (Victoria) will host its 2023 Rule of Law Oration from 5:30pm on Thursday, 30 November 2023 at Corrs Chambers Westgarth.
Nick McKenzie, a highly decorated Australian investigative journalist, will speak on “Journalism, Democracy, and the Rule of Law”, with a cocktail reception to follow.
Please consider registering to attend via the following link.
Join the Australian Academy of Science and the Australian Academy of Law for their annual symposium in 2023. This year, three public lectures will be delivered by Dame Julie Maxton DBE, Executive Director of the Royal Society in London. These events will be held in Canberra, Sydney and Melbourne.
Click here for more information and to register.
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.
The Melbourne Catholic Lawyers’ Association invites members of the Bar to Christmas Drinks at the Essoign Club on Wednesday, 6 December, from 5:30pm to 7:00pm.
All are welcome to join us for this celebration. For more information Melbourne Catholic Lawyers: Current Events
legalsuper, the superannuation fund for Australia’s legal community, is holding its Annual Members’ Meeting online, on Thursday, 7 December 2023 from 1:00pm – 2:00pm (AEDT).
RSVP to hear from the Chair, Chief Executive and Chief Investment Officer in relation to: fund performance for the year ended 30 June 2023; recent developments, key achievements and legalsuper’s approach to investment; and responses to questions posed by members.
Members and guests can RSVP here.
Click here for more information.
Independent Referral Bars - Responding to Global Challenges
15 - 17 May 2024 | Belfast & Dublin
Royal Courts of Justice | Titanic Hotel | Dublin Castle | Christchurch Cathedral
REGISTRATION NOW OPEN
View full agenda, social programme and book your place at www.worldbar2024.com
Every two years, the International Council of Barristers and Advocates & Barristers organises an international legal conference in different cities worldwide. The World Bar Conference is the only event which brings together members of the independent referral Bar from around the world for three days of debate and discussion on issues and topics of relevance.
Jointly hosted by The Bar of Northern Ireland and The Bar of Ireland
Click here to view the flyer for more information.
Expressions of interest are sought from suitably qualified individuals who wish to be considered for appointment to the ART as a non-judicial Deputy President or Senior Member. Deputy Presidents will be among the foremost legal experts and leaders in the ART. Senior Members will hear complex matters and also fulfil a range of leadership functions. 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 packs 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 the Attorney-General Department’s website. Expressions of interest must be submitted by 5:00pm AEDT on Monday, 11 December 2023.
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.
As an accredited mediator with experience in the area of personal injury and medical negligence, the research team of RMIT invites you to be part of a research project on wellbeing, emotion in conflict management and the law.
The Project is being carried out by RMIT University in collaboration with Workplace Conversations (a team of psychologists). The purpose of the research is to combine legal practice and psychology to gather empirical data about emotional reactivity in conflict and the impact on wellbeing, to identify problems and design meaningful solutions.
We wish to interview accredited mediators in the area of personal injury/ medical negligence. Your participation is strictly confidential, and your contributions will help create impact in this very important area of conflict management.
Click here for more information and to register.
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, 30th November 2023