Random Banner 2
In Brief Issue #1131
1Dec
There has been a spate of judicial welcomes and farewells, with more to come. Last Friday it was my great privilege to speak on behalf of the Victorian Bar at a ceremony to farewell the Honourable Justice Susan Kenny AM, who leaves the Federal Court after 26 years on that bench. Her Honour has had a remarkable judicial career, commencing in 1996 when she was the first woman appointed to the Victorian Court of Appeal. As a barrister, she appeared in nearly all the leading constitutional law cases of the 1980s and ‘90s, and her other achievements and contributions to public life are too many for me to list here. She will continue as the Chair of the Australian Electoral Commission. I thank her Honour for her service and wish her well for the next chapter of her career.
On Monday morning, Vice-President Colin Mandy S.C. spoke on behalf of the Bar at a ceremony to welcome Associate Justice Goulden to the Supreme Court of Victoria. Her Honour’s 20 years as a commercial litigator with the firm Arnold Bloch Leibler makes her a welcome addition to the bench, and I wish her all the best in her judicial career.
Ceremonial sittings to welcome and farewell judicial officers are significant occasions. As members of the Bar, we attend as a mark of respect, and, no doubt, our presence is a great support to a newly appointed judge. As a result of the pandemic, many of these occasions have been ‘invitation only’ and unsurprisingly, attendances of counsel have dropped. I think we should try to reverse that trend. It is wonderful when we all come together in our robes, particularly in Banco, the courtroom in which most of us were admitted to practice. Next week, the Supreme Court will hold ceremonial sittings to welcome the Honourable Justice Andrew Watson (on Monday at 9:15am) and the Honourable Justice Claire Harris (on Wednesday, also at 9:15am). I encourage all counsel who are available to attend.
Yesterday Colin Mandy S.C. and I met with Sir David Carruthers KNZM, the Police Informants Royal Commission Monitor, and his Head of Secretariat, Jacinta Morphett to discuss the progress of the RCMPI recommendations. We are grateful for the time that he has taken to keep us informed.
Members will have been saddened to hear this week of the death of Kenneth Spurr. Kenneth was a barristers' clerk for 33 years, and established List S in 1963 at the request of the Bar Council. The funeral will take place at 11:00am on Thursday, 7 December at the Crick Chapel, Fawkner Cemetery, 1187 Sydney Road, Fawkner.
Today I am in Canberra for a series of Law Council of Australia events, including the opening of the Law Council’s new offices by the Commonwealth Attorney-General Mark Dreyfus MP. Today, I’ll be attending the ABA’s Annual General Meeting and LCA 90th Anniversary Gala Dinner at Old Parliament House, and the LCA Directors’ meeting tomorrow.
On Thursday, 14 December 2023 at 4:00pm, Victorian Legal Aid will deliver an information session for the assistance of members of counsel who are briefed to appear under a grant made by VLA pursuant to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (the Scheme), in circumstances to which s102NA of the Family Law Act 1975 (Cth) (FLA) applies. Registration is required at this link, and the session will be recorded for anyone who is unable to attend. The Ethics Committee has also published an Ethics Bulletin that responds to difficulties that some barristers have encountered when briefed under the Scheme. It follows extensive consultation between VLA, the Victorian Bar, the Family Law Bar Association, and the Chair of the Ethics Committee. I thank Lisa Hannon KC, Geoff Dickson KC, James Barber KC and Sam Hay KC for their work in responding to these difficulties.
It is hard to believe that today is the first of December, and the year will soon be over. With that in mind, all members are invited to the Victorian Bar End of Year Drinks, on Thursday, 14 December 2023 from 5:00pm until 7:00pm in the Peter O’Callaghan QC Gallery (West). Click here to register.
I will also be attending the Bar's Rainbow Drinks end of year cocktail party on 15 December at the Builders Arms Hotel in Fitzroy. If you’d also like to attend, you can RSVP for the event here.
Georgina Schoff KC
A welcome ceremony to mark the appointment of the Honourable Justice Andrew Watson as a judge of the Supreme Court of Victoria in the Common Law Division will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Monday, 4 December 2023 at 9:15am
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
A welcome ceremony to mark the appointment of the Honourable Justice Christopher Boyce as a judge of the Supreme Court of Victoria will be held in Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:
Tuesday, 12 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 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.
Clerk
It is with deep regret that the Bar informs members of the death of Kenneth Spurr.
Kenneth was a barristers’ clerk for 33 years, having established List S in 1963.
The funeral will take place at 11:00am on Thursday, 7 December at the Crick Chapel, Fawkner Cemetery, 1187 Sydney Road, Fawkner.
We extend our deepest sympathies to Kenneth’s family and friends.
Bar Roll Number: 1657
It is with deep regret that the Bar informs members of the death of (Gerald) Martin Randall.
A funeral will be held to honour the life of (Gerald) Martin Randall at St Barnabas’ Anglican Church, 86 Balwyn Road, Balwyn, on Friday, 1 December 2023 at 2:00pm.
The service will be live streamed here.
County Court of Victoria
A ceremony to farewell his Honour Judge David Brookes as a judge of the County Court will be held in Court 3-3 of the County Court, 250 William Street, Melbourne on:
Tuesday, 12 December 2023 at 4:30pm
All counsel are encouraged to attend, robed.
Supreme Court of Victoria
A ceremony to farewell the Honourable Justice Michael Sifris as a judge of the Supreme Court will be held in the Banco Court, Supreme Court of Victoria, 250 William Street, Melbourne on:
Tuesday, 19 December 2023 at 9:15am
All counsel are encouraged to attend, robed.
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
Members should note the recent parking changes outside the Supreme Court building on William Street. Three spaces directly outside the front of the Court are now only available for people with disabilities. If you have previously parked in those spaces, even just for a few minutes while you ducked into chambers, be advised of these rule changes, and that penalties will apply.
- Direct Debit Payments: As previously communicated, Victorian Bar 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.
- 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.
- ‘Set off’ in industrial and employment law: where are we now, and where are we headed? is on 5 December 2023 from 5:15pm-6:15pm. This seminar will discuss a range of legal and practical questions: How ‘close’ is the required correlation? What happens where the underpayment arises from a failure by the parties to create the type of relationship they intended? Over what period can one set off? How does set-off fit with s 545 of the Fair Work Act? This is an in-person event and will also be available online via livestream. Click here to RSVP.
- The Unseen Menace: ‘sleeper’ choice of law issues in the Australian law(s) of torts is on 7 December 2023 from 5:15pm-6:15pm. In this seminar the speaker will discuss issues arising from patchwork legislation both from an academic and a practical perspective. This is an in-person event only. Click here to RSVP.
- Transfer Pricing Cases: Practical and Evidentiary Considerations is on 12 December 2023 from 5:15pm-6:15pm. This seminar will explore the nature of the evidence needed to discharge a taxpayer's onus of proof, including to establish the characteristics of the parties to the hypothetical transaction, the hypothetical transaction itself and the arm's length consideration or "conditions." The session will also cover the cross-examination of transfer pricing experts, with a practical focus. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- Parenting Co-ordination: Supporting Clients after Orders is on 14 December 2023 from 5:15pm-6:15pm. This seminar will explain the process of Parenting Co-ordination, its suitability and effectiveness for clients and practical information for Orders. This is an online only event. 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 Arms 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.
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 following Rules of Court, signed by the Justices of the High Court of Australia on 13 November, have been registered on the Federal Register of Legislation:
Schedule 2 – Fees for work done and services performed
High Court Amendment (Fees) Rules 2023 (F2023L01522)
2024 Sittings
High Court (2024 Sittings) Rules 2023 (F2023L01523)
Revised special leave process - amendment measures
High Court Amendment (2023 Measures No. 1) Rules 2023 (F2023L01525)
A notice relating to the revised special leave process is available via this link.
Supreme Court 2022-23 Annual Report
The Supreme Court's 2022-23 annual report was tabled in the Victorian Parliament today.
It highlights how the Court continued to manage increased initiations and applications by using pandemic-led technologies and procedural changes.
New Scale of Costs
The Supreme Court of Victoria have published a new Notice to the Profession with an update on the new Scale of Costs.
The ANZSIL Conference Organising Committee invites paper and panel proposals for the 31st ANZSIL Annual Conference, to be co-hosted by the Institute for International Law and the Humanities, at Melbourne Law School, 3-5 July 2024.
The Conference, titled ‘International Law: Crisis, Conflict and Cooperation’ will consider the impact of periods of crises on the development of international law and institutions, including questions as to whether the focus on crises has led to conflicts, or renewed cooperation, within the discipline. The Organising Committee invites paper submissions and panel proposals in any area of public and private international law relevant to the Conference theme. In the tradition of ANZSIL Conferences, the Organising Committee also invites proposals on international law topics not connected to the conference theme.
Further information about the conference and submission process is available 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.
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.
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
2023 end of year events:
- NSW (Dinner) – Wednesday, 6 December at 7:00pm, L'Amuse-Bouche, 411 Bourke St, Surrey Hills NSW. Tickets are $50 per person for members or $64 for non-members. Please register here by Monday, 4 December.
- Victoria (Drinks) – Thursday, 7 December at 6:00pm, Slate Restaurant Bar, 9 Goldsborough Lane Melbourne. Click here to register.
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.
An invitation is extended to Barristers, partners, family and friends to join in the Wigs and Gowns Sailing Day (WAGS) on Sunday, 11 February 2024.
The previous WAGS (12 February 2023) was a great hit, with a mock trial being performed and a wonderful lunch being served. We were able to donate $2000 from the cost of the day (which was enjoyed by 130 participants) to Sailors with disABILITIES (Making Waves Foundation).
Planning for the next WAGS is in progress and promises to be another fun-filled day. Bookings essential. Further details can be viewed here on the flier.
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 an 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, 7th December 2023