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In Brief Issue #1133
15Dec
On Monday, the Bar Council held a special purpose meeting to consider the Charter that governs the way we conduct ourselves as Bar Councillors, and the processes that we will follow when responding to requests for submissions from external stakeholders and government. It was a productive meeting and I particularly thank Jim Peters AM KC, a former President, who provided us with some very wise advice. I also thank all the members of the new Bar Council who are settling in and getting down to work. We are all looking forward to doing our best to work together on behalf of members.
At our meeting we also settled the composition of the Bar’s Committees for 2024. A full list can be seen here. This year an overwhelming number of members expressed interest in our committees. While we try to give everyone an opportunity to serve, not everyone can be accommodated. On behalf of the Victorian Bar, I thank all who volunteered and all who serve. I particularly thank all of those who have worked so hard on our committees this year, particularly those who have served as Chairs and whose terms have concluded: Remy van de Wiel KC, Mark Robins KC, Richard Dalton KC, Matthew Harvey KC, Dr Oren Bigos KC, Lisa Hannon KC, Shane Lethlean, Sebastian Reid, Dr Michelle Sharpe, Glen Pauline, and Tim Farhall.
On Tuesday, I attended a welcome for the Honourable Justice Christopher Boyce as a justice of the Supreme Court of Victoria (Court of Appeal) and a farewell for his Honour Judge Brookes as a judge of the County Court. Both ceremonies were very well attended.
On Wednesday, Colin Mandy S.C. and I met with representatives of the Department of Justice and Community Services who were keen to hear from us about emerging issues that might be impacting the legal profession. If there are any issues that you are concerned about, please do not hesitate to bring them to our attention as we often have opportunities like this to raise matters that concern our members.
Last night’s End of Year drinks was a wonderfully festive occasion, thanks in large part to the crooning of first year law student William Le Brun and an impromptu solo by Natalie Vogel. Thank you to the Essoign Club for putting on such a great function and to all those who made it such a fun evening.
The summer issue of Victorian Bar News should arrive in chambers today. Those involved in its production have done a brilliant job. I particularly thank the editors, Luke Merrick S.C., Jesse Rudd, Maree Norton and Banjo McLachlan, and Sharni Doherty of the Bar Office, who does so much to support them. And before you start calling and emailing to tell us that there is a typo on the cover, please read the editorial!
On behalf of the Bar, I congratulate the Honourable Neil Young KC, who was this week appointed a life member of the Australian Bar Association. Neil served both as the Chairman of the Victorian Bar and President of the ABA. The announcement read: “Young KC is one of the great exemplars of what it is to be a barrister. He provides intellectual rigour and determination in the conduct of his cases and scrupulously adheres to and promotes the qualities of fearlessness and independence upon which the Bar relies.” Hear, hear.
I know that many of you will try to finish up this week, but for those of you still in chambers, there will be a farewell for the Honourable Justice Sifris on Tuesday, 19 December at 9:15am in Banco Court, Supreme Court of Victoria. All counsel are encouraged to attend, robed.
A few matters of housekeeping:
As the calendar year ends, members should note the following dates:
- the Victorian Bar Office and Mediation Centre will be closed from 5:00pm Friday, 22 December 2023 and will re-open 9:00am, Monday, 8 January 2024; and
- the BCL Service Desk will be closed from Friday, 22 December 2023 until Monday, 8 January 2024.
Members with international travel plans can still access emails by activating International Access via BCL. Do this by filling in the online form, which is available here (you’ll need to log into your VicBar account to complete it). If you have any difficulty, please contact the BCL helpdesk prior to Friday next week. Also, if members have corporate mobile phone accounts arranged via their clerks, you should make sure your account has international roaming coverage. Contact your clerk to arrange this coverage.
While the festive season is a time of celebration, it can also be challenging. For many, this year has been extremely difficult. This is particularly so for some members of our Victorian Bar community whom I know are experiencing a heightened sense of unease because of an increase in racially motivated acts in Australia. They should know that the Victorian Bar supports them and does not tolerate racist conduct. If you need support, for whatever reason, the Bar has many resources available to you by way of assistance and counselling and on the Health and Wellbeing portal. Click here to find out more.
Finally, as this is the last In Brief for 2023, I wish members, the dedicated and hardworking staff in the Bar Office, everyone in BCL, and all the clerks and their teams, my best wishes for a happy and relaxing holiday.
Georgina Schoff KC
Barristers’ Benevolent Foundation of Victoria Ltd (BBFV Ltd) atf
Barristers’ Benevolent Foundation of Victoria (BBFV)
As barristers we all pride ourselves on our independence and our ability to look after ourselves, come what may. Asking for help or assistance is not something we do lightly or without considerable reflection. Nevertheless, many of our colleagues have faced or continue to face grave life-changing circumstances which threaten their independence and ability to look after themselves. For those barristers, seeking the assistance of the BBFV can often make a huge difference.
Since 1928, the BBFV (and its predecessor, the Barristers’ Association of Victoria) has provided financial assistance to many barristers and their close family members, by extending gifts and loans using funds obtained from the generous donations and bequests from other members. It performs a supportive and vital service. It is a fine example of the collegiality that is the hallmark of the Victorian Bar.
If you are so inclined and in a position to do so, a donation or bequest to the BBFV, no matter how small, could make a real difference to one of your colleagues who is struggling. Donations are, of course, tax deductible.
If you are a person in need of assistance
You may be reading this notice as a person who is facing financial or other personal difficulties. Should you wish to discuss making an application to the Foundation for assistance, you may contact the Bar’s Executive Director, Amanda Utt, via email at ED@vicbar.com.au or telephone 9225 7111. Further information, including an application form, can be found here.
How to make a donation or bequest
Donations can be made via credit card here. Should you prefer to donate via cheque, please use the donation form. That can be found here.
We would also like to ask that you consider making a bequest to the Foundation in your will. A suggested clause for inclusion in your will could be as simple as:
I give free from taxes duties and expenses the sum of $ to the Barristers’ Benevolent Foundation of Victoria Ltd, ABN 58 788 275 751
We thank you for your time in reading this letter, and for any support that you are able to offer. By donating, you will be contributing in a material way to the ongoing care and support of those of us who find themselves in difficult circumstances. You will be making a real difference to members of our Bar.
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.
The following services for the 2024 Opening of the Legal Year will be taking place:
Monday, 29 January 2024
- Red Mass
9:00am at St Patrick’s Cathedral, East Melbourne. His Grace, Archbishop Peter Comensoli will host morning tea after the Mass in the presbytery grounds adjacent to the Cathedral.
RSVP to admin@mcfarlanelegal.com.au for the morning tea by 19 January 2024. For more information please click here.
Judges and counsel who wish to participate in the procession do so robed and medals are worn.
- Synagogue Service
9:00am at the East Melbourne Hebrew Congregation, 488 Albert Street, East Melbourne. The service will be followed by tea and coffee at 9:45am.
Counsel may robe if they wish to do so (no wig).
- Eastern Orthodox Service
9:00am at St Eustathios Greek Orthodox Church, 221 Dorcas Street, South Melbourne. A collaborative service involving the Greek, Antiochian, Russian, Serbian and Romanian Orthodox Churches followed by morning tea.
Assemble at 8:45am for the procession. For more details, click here.
Judges and counsel who wish to participate in the procession should robe. Assemble at 8:45am for the procession
- Ecumenical service
9:30am at St Paul’s Cathedral, Flinders St Melbourne.
Judges and counsel who wish to participate in the procession do so robed and medals are worn.
Wednesday, 1 February 2024
- Geelong Community Opening of the Legal Year
9:00am to 10:20am at Deakin Law School, Waterfront Campus, Room D2.200, 1 Gheringhap Street, Geelong.
Justice Michelle Quigley of the Supreme Court of Victoria will preside over the community-based event.
If you would like to attend, please contact Jaz Goddard from the Geelong Law Association via JazGoddard@mauriceblackburn.com.au to register your interest and a formal invitation will be extended to you.
Wednesday, 7 February 2024
- Legal Laneway Breakfast 2024
8:00am at Hardware Lane; open to all members of the legal community.
The event will also be live-streamed. Please click here for event details and registration.
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.
- BCL Holiday Closure: The BCL Service Desk will be unattended from 5:00pm Friday, 22 December 2023 to 8:30am on Monday, 8 January 2024. For more information click here to see recent communication.
- BCL Technology: Important actions & dates to note before the holiday period: Click here for what you need to keep in mind over the holiday period.
- Important Dates in January 2024 (Click for more information):
- 6 January 2024: Aickin Chambers Full Building Shutdown
- 10 to 18 January 2024: Safety Switch Testing Across all BCL Buildings
- 21 January 2024: Disaster Recovery Testing Across all BCL Buildings
- 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.
Look out in the New Year for upcoming CPDs, events and workshops. Also, be sure to visit the CPD Catalogue to watch recorded CPDs that you may have missed in 2023. A reminder also to ensure you complete your annual CPD obligations for the current CDP year by 31 March 2024. The CPD annual audit process commences Monday, 1 April, 2024.
The Victorian Bar team wishes you a joyous festive season and a restful holiday break.
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.
The Essoign team would like to thank you for your support in 2023
We wish you all a very happy and safe festive season and look forward to a good and prosperous year with you in 2024.
Please note the following dates:
Thursday, 21 December 2023 – final day of trade 2023
Monday, 15 January 2024 – Thursday, 25 2024 – open for light menu options from 7:30am daily (café area only)
Monday, 29 January 2024 – return to normal trade in the club and coffee cart in Owen Dixon West from 7:30am daily
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.
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.
The Coroners Court of Victoria Recommendations Report – Edition 6 is now available.
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
Wyndham Law Courts are currently under construction in Werribee. Court Services Victoria have published a news item about the ‘top-out’ and released the building’s designs, available here.
Law Library Victoria website launch
Law Library Victoria is building a new website. The site is launching in 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 on 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).
Date: 22 February 2024 (all day)
Venue: Remote, or in-person in Perth.
Follow this link for a detailed program and information on registration.
The LCA Commonwealth Law Conference 2024 Program is now available. Click here to view the program.
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 the full agenda, the 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 that 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.
The Attorney General of the Australian Capital Territory (ACT) invites expressions of interest from eligible and suitably qualified individuals for appointment as Director of Public Prosecutions (DPP). The DPP is an independent statutory officer appointed by the Executive under the Director of Public Prosecutions Act 1990 (ACT). The DPP is responsible for prosecuting criminal offences in the name of the Crown and exercising a range of statutory functions across the criminal and civil justice system. The statutory functions of the Director are contained in the DPP Act.
Click here for more information and to express your interest.
The Deakin University Human Research Committee is 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.
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, 1st February 2024