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In Brief Issue #1132
8Dec
Last Friday and Saturday, I attended the 90th Anniversary dinner of the Law Council, its Annual General Meeting, and its final board meeting for the year in Canberra. The Law Council is continuing to advocate on many critical issues affecting both the profession and the administration of justice. Of particular importance, it has been robustly engaging with the Government about its concerns with the rushed passage of the Government’s proposed Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023, the proposed extension of the Anti-Money Laundering and Counter-Terrorism Financing regime to lawyers, which presents risks to access to justice and the protection of client legal privilege, and the proposed reforms to costs in anti-discrimination matters. The Law Council is currently also running a campaign to boost legal assistance funding, as well as working to ensure that the proposed relaxation of the rules relating to foreign lawyers practicing in Australia are safe and appropriate.
The Law Council will shortly release its Annual Report for the 2022-23 year, which will detail recent work. It will be the first such report in 7 years and follows the Victorian Bar's advocacy for the provision of more information to members. This ongoing reporting will help members stay informed about the important work undertaken and ensure confidence in governance arrangements. Finally, I note that the Law Council has agreed to hold the second Commonwealth Law Conference in Melbourne on 22-23 February 2024, which will provide an opportunity to showcase the Victorian Bar. We will provide registration details as soon as they are available.
While in Canberra I also attended the ABA’s Annual General Meeting. My congratulations to Peter Dunning KC of the Queensland Bar who was elected President for a second term, to Róisín Annesley KC who was elected Vice President for a second term, and to Sam Hay KC, who was elected as the inaugural Chair of Conferences. A full list of officeholders and directors can be found here.
On Monday and Wednesday, I attended welcomes for the Honourable Justices Watson and Harris. Wendy Harris KC was the obvious choice to speak on behalf of the Victorian Bar to welcome her sister Justice Claire Harris to the Bench. On behalf of the Victorian Bar, I wish Justices Watson and Harris many happy years of service.
Next week a welcome sitting to mark the appointment of the Honourable Justice Christopher Boyce as a judge of the Supreme Court of Victoria will be held on Tuesday 12 December, in the Banco Court, Supreme Court of Victoria at 9:15 am.
On the same day, a sitting to farewell his Honour Judge Brookes as a judge of the County Court will be held in Court 3-3 of the County Court, at 4:30pm. I encourage all counsel to attend. The Bar Council met on Thursday. We were grateful for the attendance of the Chair of BCL, the Honourable John Digby KC, and its CEO, Paul Clark.
The Bar Council was concerned to hear that a large number of barristers have decided to leave Castan Chambers next year to take up chambers in the building that used to house Latham Chambers. We have been assured that we should not be unduly alarmed about this eventuality and that BCL has contingency plans in place to fill the vacancies. As I have said before, we should never underestimate the benefits of the BCL model, which houses us in geographically proximate chambers, provides us with amenities and facilities that other Bars lack, affords us great flexibility without barriers to entry, and, a matter of increasing importance, provides us with access to secure technology.
In response to recommendation 17 of Coroner McGregor in his findings into the death of indigenous woman, Veronica Nelson, the Victorian Bar has commenced a collaboration with the VLSB+C to develop First Nations cultural capability training for barristers. Last night, the Bar Council endorsed a statement of intent and high-level principles that will guide our collaboration. The next step is to establish a working group of members of our Bar. To this end we resolved to call for expressions of interest. As the project timeline is tight, those interested in applying should do so by emailing sharni.doherty@vicbar.com.au before COB Thursday, 14 December 2023.
I have received many enquiries this week from those who are concerned about the pass rate for the recent Bar entrance exam. Can I first assure you that the pass rate is not an outlier. While it is often higher, it has also been lower. Secondly, Bar Council has for some time been monitoring the demands of the Bar’s entrance requirements and the number of places available in the Readers course. Earlier this year, Bar Council appointed a committee, chaired by the Honourable Peter Riordan KC, with wide terms of reference to review both issues. We look forward to receiving the recommendations of the Committee in the new year.
I know that many members are deeply saddened by the death this week of Ms Peta Murphy MP, a member of Federal Parliament – and former member of this Bar. Peta signed the Bar Roll in 2008 (#4102) and read with Peter Morrissey S.C. In 2019, she won the Victorian seat of Dunkley and was appointed Chair of the House of Representatives Committee on Social Policy and Legal Affairs. On behalf of the Victorian Bar, I extend my condolences to her family and friends.
On a more uplifting note, members may have read about the heroic exploits of one of our members, Professor Arnold Dix, who has played a pivotal role in the rescue of 41 trapped workers from a collapsed mine in the Himalayas. Arnold has been a member of our Bar since 1990. He lists “engineering professor” among his many attributes and is also the President of the International Tunnelling and Underground Space Association. Well done, Arnold!
If you are looking for some assistance with your pro bono briefs over the summer, the Open Justice Project – the program which sees later-year undergraduate and postgraduate law students provide pro bono legal assistance (such as research and paralegal assistance) to barristers in pro bono matters – may be able to assist. Although they will have a short shutdown (Friday, 22 December until Wednesday, 3 January 2024), the program’s inbox will be monitored, and the students will be ready, willing, and able to assist throughout the period. The program has received extremely positive feedback, so I encourage you all to give it a go. Find out more here.
Don’t forget 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). We have already had over 140 registrations, so it should be fun. Click here to register.
Have a wonderful weekend and to those celebrating Hanukkah, chag sameach.
Georgina Schoff KC
President
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
Bar Roll Number: 572
It is with deep regret that the Bar informs members of the death of his Honour Francis (Frank) Dyett.
Frank was a member of the Bar for 65 years and read with the Honourable Sir Kevin Anderson.
Funeral details will be published in the coming days.
We extend our deepest sympathies to Frank’s family and friends.
Bar Roll Number: 2070
It is with deep regret that the Bar informs members of the death of Malcolm Oakes S.C.
Malcolm originally signed the Bar Roll on 3 June 1986 and was a member of the Bar for 37 years.
We extend our deepest sympathies to Malcolm's family and friends.
Bar Roll Number: 2364
It is with deep regret that the Bar informs members of the death of Roger Young.
Roger originally signed the Bar Roll on 25 May 1989 and read with Peter Murdoch KC. Roger was a member of the Bar for 16 years.
Funeral details will be published in the coming days, along with a full obituary.
We extend our deepest sympathies to Roger's family and friends.
Bar Roll Number: 4102
It is with deep regret that the Bar informs members of the death of Peta Murphy, MP.
Peta Murphy the advocate was originally forged during her time at Robert Stary and Associates where she began her career as a solicitor-advocate in 2002. She joined the Victorian Bar in 2008 and read with Peter Morrissey SC. She was a member of Crockett Chambers, VLA Chambers and David Ross Chambers.
The best criminal lawyers exercise a simultaneous gravitational pull on the planets of forensic instinct, capacity for abstract legal reasoning, facility with dense factual material and a finely tuned understanding of people. Juries and witnesses sensed her authenticity. Peta had all of it, with an additional, extra something which is hard to name precisely but hunger for justice comes close. She worked hard and was brilliant.
Peta was disagreeable in the best sense of that word; she possessed an independence of intellect that compelled her to insist, plainly and without fear, on what she understood to be the real question in any problem, legal or otherwise. She did this even when, or particularly when, the tide of opinion or practice or experience was flowing in another direction.
Peta’s character was remarkably consistent. She spoke the same way to a friend, a client, a Supreme Court Judge, or a Labrador.
Peta’s courage was infectious. She was extremely funny. Her colleagues respected and adored her. Her clients could sense her trueness to their cause.
This is the second time the Victorian Bar has lost Peta; she left first in 2016 to pursue a career in federal politics, where her fearless advocacy was given a bigger field of view. No one who was present will ever forget how her courage filled the chamber with a kind of electricity on the occasion she rose to give her first speech as the member for Dunkley, just two weeks after being diagnosed with metastatic breast cancer.
Peta was loved by her friends and family, and by her husband Rod Glover, who supported Peta’s brilliance at close range for 24 years.
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.
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.
The 2024 Victorian Bar Dinner will be held at the NGV Great Hall on Saturday, 18 May 2024. Be sure to keep the date free in your diary.
The Victorian Bar office and Victorian Bar Mediation Centre will close for the Christmas-New Year holidays at 5:00pm on Friday, 22 December 2023. The Bar office and Mediation Centre will reopen at 9:00am on Monday, 8 January 2024.
We wish you and your family a safe and happy festive season.
- Essential Technology Network Upgrade: 7.00am to 5.00pm Saturday 9 December 2023. During this time internet, WiFi, telephones and printing will not be available in chambers. Click here to read BCL communication.
- 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.
- 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.
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.
EAP Counselling services from Converge International will be available as normal throughout the holiday period via their standard channels. This will include 24/7 on-call consultants who will be on-hand to receive any urgent enquiries. Key staff will be working through the Christmas period on all days except for public holidays; if you are taking annual leave over the holiday period, you should feel free to get in touch for any Converge queries. Converge’s Integrated Onsite team will have a closure period from Friday, 22 December, until Monday, 8 January. If you require an urgent response, you can call 1300 687 327, where you will be re-directed for any consultant-related enquiries.
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 County Court’s Common Law Division has updated the County Court (Chapters I, II and III Miscellaneous Amendments) Rules 2023, which includes changes to how interrogatories are to be answered.
The amendments came into operation on 4 December 2023.
Rule 30.06(3) of the County Court Civil Procedure Rules 2018 now provides that: “A party interrogated shall answer each interrogatory by stating both the question and the answer to that question in the one document.”
It is intended that these changes will prioritise simplicity and efficiency, and remove ambiguity by requiring a responding party to preface their response with the interrogatory answer.
These amendments to the County Court Civil Procedure Rules have been adopted in parallel by the Supreme Court.
VCAT achieved a significant milestone with the launch of a new goods and services application form along with myVCAT, our new online portal for new goods and services claims designed to support the community’s contemporary access to VCAT services.
The myVCAT portal is now available for new goods and services application parties to register. Both the portal and online application form can be accessed at www.vcat.vic.gov.au
Users will be prompted to register for a portal account when completing the new online goods and services application and is only available for applications lodged from 6 December 2023 onwards.
What does myVCAT offer?
myVCAT provides ongoing access to case details, documents, tasks, reminders, orders and more to deliver a contemporary and user-centric experience that embraces innovation and technology to meet the service expectations of our users. Delivering this service will help to enable our front-line staff to better support people who are unable to access the digital system or, who prefer to talk to a person than use a computer.
Delivering an improved online experience for users that includes opportunities for greater self-service and better online access to case information, the new portal and online application form are a significant step towards achieving our vision of being a contemporary and accessible tribunal anticipating the diverse needs of the Victorian community.
Please direct any feedback or queries to transformingtogether@courts.vic.gov.au
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.
Law Library Victoria website launch
Law Library Victoria is building a new website. The site is launching January 2024, but a preview is available now.
Preview the new Law Library Victoria website
Library opening hours
Supreme Court Library
- The Supreme Court Library doors will be closed from Monday, 18 December
- Doors will re-open Monday, 8 January
- January hours are 9.00am to 5.00pm. Normal hours resume Monday, 29 January
Richard Griffith Library
- The Richard Griffith Library is available 24/7. Librarians are available in person Wednesday mornings and Thursday afternoons until Thursday, 21 December, resuming Wednesday, 10 January 2024.
Digital Library
- Access the Digital Library any time by logging into the Law Library website.
For assistance contact the Library team online (excluding public holidays).
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.
Click here to view the invitation.
Dates: 6.30pm Friday, 24 May - 1.00pm Sunday, 26 May 2024
Venue: Sheraton Grand Mirage Resort, Gold Coast
Book here.
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.
The Deakin University Human Research Committee are currently recruiting members, there are vacancies in the following member categories:
- Lawyer member: a qualified lawyer, who may or may not be currently practicing and, where possible, is not engaged to advise the institution on research-related or any other matters.
- Pastoral care members: you must perform a pastoral/spiritual/social care role in a community including, but not limited to, an Aboriginal and/or Torres Strait Islander elder or community leader, a chaplain or a minister of religion or other religious leader.
- Community members: you can bring a broader community or consumer perspective and must not have a paid affiliation with Deakin
- Professional care members: a person with knowledge of, and current experience in, the professional care or treatment of people; for example, a nurse, counsellor, or allied health professional
More information can be found here, please direct any queries to research-ethics@deakin.edu.au.
The Judicial College of Victoria has recently published an update to Scholarship for the Legal Community, a curated selection of research summaries of recently published academic writing from local and international journals.
The update includes three new research summaries covering:
- Exploring frameworks for recognising First Nations sovereignties at common law
- Understanding knowing receipt as a freestanding equitable wrong
- Reflective loss principle in Australian law: The case for exceptions
For more information, click here.
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, 14th December 2023