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In Brief Issue #1137
23Feb
On Monday morning, the executive and I attended a morning tea with the Bar Office team. It was a lovely way to start the week and energy levels were extremely high, particularly amongst those who had the good fortune to attend a Taylor Swift concert or two over the weekend. The Bar Office has a punishing workload that is always accomplished with great efficiency and enthusiasm.
On Tuesday, I met with the CEO of Victorian Legal Aid (VLA), Louise Glanville and its Chief Counsel, Julia Munster, to discuss some of the work they are currently focused on, including their efforts to obtain increased federal funding of legal assistance through the National Legal Assistance Plan, the trial counsel development program, run jointly with the Bar, and an equitable briefing strategy. I hope to update you on those matters in the near future.
The Law Council of Australia has been in town this week for events arranged around the Commonwealth Law Conference held by its Federal Dispute Resolution Section in Melbourne today. On Wednesday, with other members of the Executive, I attended a lunch at the Essoign Club hosted by the President of the LCA, Greg McIntyre SC and its CEO, James Popple. LCA directors Lachlan Molesworth and Tim Goodwin were also in attendance. It was a good opportunity to hear about the LCA’s agenda for the coming year.
On Thursday, I and other members of the executive and the Bar’s committees and associations attended a meeting with members of the LCA Policy Division to hear more about the Council’s work in developing policy, responding to federal legislative initiatives, and advocating on issues that affect the administration of justice. Our Bar contributes to that work through our representatives on the Council’s various committees and by the submissions that we make to it, through the work of our committees and associations. The LCA representatives explained how they draw on our contributions to influence outcomes in Canberra. They gave the recent example of the Bar’s submission (primarily the work of the Criminal Bar Association) with respect to the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023. It was extremely useful to have the opportunity to discuss that work and how it might be more efficiently achieved. On behalf of the Bar, I thank the LCA and all those who attended. I hope that by fostering these relationships, we can better acquit our duty to contribute to legal policy and advocate for a better legal system.
Still on the LCA, last night, I spoke at an event to welcome attendees and speakers to the Commonwealth Legal Conference at Denmark House. The conference held today in Melbourne brought together eminent lawyers and jurists from around Australia, including the Honourable Chief Justice Mortimer, The Honourable Justice Emilios Kyrou AO, President of the AAT, the Honourable Justice Button, the Honourable Justice John Dixon, the Honourable Paul Le Gay Brereton AM RFD S.C. Commissioner, National Anti-Corruption Commission, Neil Young KC and Jeremy Ruskin KC.
This week, the Victorian Bar has also been privileged to host two particularly excellent CPD events.
On Monday night, the Honourable Justice Ian Jackman spoke on the duty of utmost good faith, and his Honour’s recent decision in Australian Securities and Investments Commission v Zurich Australia Limited. I thank the Commercial Bar Association for hosting this well-attended CPD.
On Wednesday evening, the Honourable Justice Michelle Gordon AC and Rowena Orr KC, Solicitor-General of Victoria, presented a seminar on how to make and respond to applications for special leave to appeal to the High Court. On behalf of the Victorian Bar, I thank Justice Gordon and the Solicitor General for being so generous with their time. The seminar was a great success, with so many of our members attending in person. It has been recorded and can be viewed by members on our website.
This week, I appeared on behalf of the Bar to welcome the Honourable Justice Paul Cosgrave as a justice of the Supreme Court of Victoria and his Honour Judge Michael Wise as a judge of the County Court. Both occasions were very well attended, and I thank all members who found the time to come. You learn a lot about a judge on such an occasion, and whilst welcome ceremonies are live-streamed, it is always well worth the trip to Court.
Next week, I will appear on behalf of the Bar at ceremonies to welcome Justice Penelope Neskovcin and Justice Craig Dowling as judges of the Federal Court of Australia. Members will find the details below. I encourage all counsel who can attend to do so.
Other matters
The Chief Justice has advised the Bar that applications for appointment as Senior Counsel will open on Monday, 18 March, and close on Friday, 12 April 2024. Accordingly, an information session will be held for those who are contemplating applying on 12 March at 5:00pm by Zoom. Further details will follow.
Court Services Victoria has released an update to members on the recent cyber-security attacks that occurred earlier this year. There are contact details for legal practitioners who wish to seek further information in relation to a matter that may have been affected. Please see further details in the notice below.
Registrations close today for the Conversation with Arnold Dix in the Peter O'Callaghan QC Gallery next Wednesday, 28 February. If you can make the event, click here to register. You may have a family member or friend who would like to hear Arnold’s tales of derring-do. They would be most welcome.
Expressions of Interest – Director, Barristers Chambers Limited
The BCL board now has one position available. Candidates are required to have experience and expertise in corporate governance, business, town planning and/or the property industry. The deadline for receipt of expressions of interest is Thursday, 7 March 2024, at 5:00pm. Please direct any interest to Sharni Doherty at sharni.doherty@vicbar.com.au.
Georgina Schoff KC
Federal Court of Australia
A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to mark the appointment of the Honourable Justice Penelope Neskovcin as a judge of the Federal Court of Australia in Court 1, Level 8, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:
Wednesday, 28 February 2024 at 9:30am
All counsel are encouraged to attend, robed.
To do so, please RSVP by email to Ms Dimitra Argyros - dimitra.argyros@fedcourt.gov.au. The closing date for RSVP is Friday, 23 February 2024. Seating will be arranged in Court 1 or another Court for viewing via video link. Counsel who fail to RSVP are very welcome but may have to stand.
A ceremonial sitting of the Full Court of the Federal Court of Australia will be held to mark the appointment of the Honourable Justice Craig Dowling as a judge of the Federal Court of Australia in Court 1, Level 8, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:
Friday, 1 March 2024 at 9:30am.
All counsel are encouraged to attend, robed.
To do so, please RSVP by email to Ms Dimitra Argyros - dimitra.argyros@fedcourt.gov.au. The closing date for RSVP is Friday, 23 February 2024. Seating will be arranged in Court 1 or another Court for viewing via video link. Counsel who fail to RSVP are very welcome but may have to stand.
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, 7 March 2024, at 5:00pm. Please direct any interest to Sharni Doherty at sharni.doherty@vicbar.com.au.
We are looking for an in-house lawyer to join our team. Reporting to the Senior In-House Legal Counsel, this opportunity will suit a lawyer seeking a generalist in-house role, which will see you working effectively at various levels within the organisational and membership structure.
In particular, the role's key responsibilities include:
- providing governance, risk, and regulatory compliance-related support and advice;
- assisting with the implementation of the Bar’s strategies, special projects, and development programs intended to meet the objectives of the Bar’s strategic plan;
- providing support to the Senior In-house Legal Counsel, Executive Director, Bar Council, and Bar Committees;
- contributing to key projects at the Bar; and
- establishing and maintaining the Bar’s relationship with critical stakeholders.
Click here for more information and to apply.
The VicBar CPD Committee would like to remind members that the last day to complete your CPD requirements is Sunday, 31 March 2024.
If you haven’t completed your requirements yet, don’t worry — log in to the VicBar website, and an extensive list of recordings is available for viewing on our CPD catalogue.
If you have extenuating circumstances and are unable to complete it in time, please ensure you notify the CPD Committee ASAP by emailing education@vicbar.com.au.
Australian underground tunnelling expert and member of the Victorian Bar Professor Arnold Dix became a hero after helping 41 workers trapped inside Uttarkashi's Silkyara tunnel late last year.
Join us for a conversation with Arnold to learn more about how he came to be an Australian tunnelling expert.
Date: Wednesday, 28 February 2024
Time: 5:30 PM - 7:00 PM
Venue: Peter O'Callaghan QC Gallery, Owen Dixon Chambers, 205 William St Melbourne
Register via the link here.
PRESENTED BY: The Victorian Equal Opportunity and Human Rights Commission and the Victorian Bar
Charter enthusiasts, Charter sceptics and regular users of the Charter are invited to an evening of Charter trivia, discussion of the Charter’s flaws and what should be done about them.
Your hosts will be Rob Hulls, the Attorney General who introduced the Charter in 2006, and the Victorian Equal Opportunity and Human Rights Commissioner – Ro Allen – along with Quizmaster Elizabeth Bennett SC and Charter specialist Sarala Fitzgerald.
We will be joined by Charter academics Dr Julie Debeljak and Dr Bruce Chen, and the Honourable Pamela Tate AM KC, who was Solicitor-General for the State of Victoria when the Charter was introduced. The event will be fully interactive and will draw on the knowledge and experience of all attendees.
Reform of the Charter is a major item on the VEOHRC’s agenda. This evening will provide attendees with direct input into the changes that the Commission will be advocating for in order to have a more effective Charter.
The night is also an opportunity for the VEOHRC to gain firsthand insights from users of the Charter and to understand the problems faced when litigating Charter rights using the current mechanisms.
Complain about the Charter no longer! Come along and contribute to Charter reform.
Places are limited, so register ASAP. The cost is to cover drinks and nibbles.
SPEAKERS: Rob Hulls, former Attorney-General Ro Allen, Commissioner Victorian Equal Opportunity and Human Rights Commission Elizabeth Bennett SC (Quizmaster)
DATE AND TIME: Thursday, 21 March 2024, 5:15pm – 7:15pm
VENUE: The Essoign Club Level 1, Own Dixon Chambers East
TICKET PRICE: $50
Click here to register.
The WBA and VWL are delighted to invite members and the wider legal community to our annual Dame Roma Mitchell Luncheon in celebration of International Women’s Day. The event is being held at the Melbourne Town Hall on Thursday, 7th March 2024 between 12:00pm -2:30pm.
At the event, there will be a short keynote address from Kate Ramsey, author of "A Hell of a Lot of Glass", followed by a panel discussion in conversation with representatives from Tarwirri, the Asian Australian Lawyers Association, Disabled Australian Lawyers Association & Pride in Law.
VWL and WBA are proud to once again hold this annual lunch held in memory of Dame Roma Flinders Mitchell, the first Australian woman to be appointed Queen’s Counsel, judge, chancellor of an Australian university and State Governor. We have no doubts that Dame Roma would be immensely proud of all the strides we have made within the legal profession, and look forward to an invigorating discussion around the UN IWD 2024 Theme: Count Her In, as well as the VWL theme for 2024: Yesterday, Today & Tomorrow!
Click here for further details and event registration.
Mediation is an essential part of the justice system, with a great many litigated matters being referred to mediation. Barristers and law professionals wishing to become an accredited mediator under the National Mediator Accreditation System can register for the Lawyers Mediation Certificate (LMC) six-day course (on 17-19 May & 24-26 May 2024) here. Early Bird discounts apply, places are limited.
Registration is now open for the CommBar 2024 International Commercial Law Conference to be held on July 3 and 4, 2024, at the Inner Temple, London.
The CommBar 2024 ICLC in London will feature leading counsel and jurists from Melbourne and London speaking on a wide variety of commercial law topics. Attendees will be able to earn 10 CPD points across all required areas. Speakers will be announced in the coming weeks. The conference will also stage a black tie gala dinner in the Middle Temple Hall and an end-of-conference drinks reception in the Inns of Court.
In addition to the main conference taking place in London on 3 and 4 July 2024, CommBar, in conjunction with the Tax Bar Association, is convening an option ‘add-on’ seminar in Oxford on the afternoon of 1 July 2024 at Magdelen College, with a dinner to follow the seminar at the Ashmolean Museum.
Discounted early bird registration for the CommBar 2024 ICLC in London is available until 29 February 2024 at a price of $1,800 (standard registration for counsel over 5 years call - $1,980, incl. GST) and $1,500 (registration for junior barristers under 5 years call - $1,650, incl. GST). Registration includes attendance at all conference sessions on 3 and 4 July 2024, morning and afternoon teas, lunches, admission to the gala dinner on 3 July, and the end-of-conference drinks reception on 4 July. In addition to the CommBar 2024 ICLC registration, there is also the opportunity for attendees to purchase additional related subscriptions: Attendance at the Oxford seminar and dinner on 1 July ($595, incl. GST); and Accompanying person registration ($550, incl. GST – which permits a person accompanying a conference attendee to attend the gala dinner on 3 July and the end-of-conference drinks on 4 July).
Full details of the CommBar 2024 ICLC and registration are available at the conference website, which is now ‘live’: www.commbar2024iclc.com
The CommBar 2024 ICLC is not to be missed. Numbers are limited, so register now!
- Access Pass Reader Upgrades: Over the past seven months, BCL has been upgrading access pass readers across all buildings, with final upgrades to take place at Owen Dixon Chambers East, Owen Dixon Chambers West, and Douglas Menzies Chambers by 15 March 2024, see below for what barristers need to do:
- Barristers in BCL chambers: You will have already received an updated blue Salto 'fob' or White Salto 'dot' for these locations. If you already have a pre-existing 'fob' or 'dot' this will be programmed by BCL automatically.
- Barristers without BCL chambers: As your current access passes will no longer work, click here to submit a request for a new access pass, which can be picked up from the BCL Service Desk (8:30am to 5:30pm) or delivered to your clerk.
- Direct Debit Payments: As previously communicated, Victorian Barmembers 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.
- Ethical issues arising from Pro Bono Briefs is on Monday, 26 February 2024 from 5:15pm to 6:15pm. In this seminar, a panel of members from the Ethics Committee and the Pro Bono Committee will discuss common ethical issues faced by barristers briefed in pro bono matters and how to deal with them. This is an in-person event and will also be available online via livestream. Click here to RSVP.
- What can go wrong with family law mediations? is on Wednesday, 28 February 2024, from 5:15pm to 6:15pm. This seminar will look at common barriers to resolution in Family Law Mediations from the perspective of experienced counsel and mediators. There will be discussion about recent updates in case law as it relates to absence of capacity, absence of relevant disclosure, and contextual issues. This is an in-person event and will also be available online via livestream. Click here to RSVP.
For more upcoming CPD events, please visit our listings here.
In recognition of International Women’s Day, WBA is conducting a clothing drive for donations to Fitted for Work - an organisation that helps women, Non-Binary, and Gender Diverse jobseekers experiencing disadvantage secure employment.
Part of their pre and post-employment services includes providing jobseekers with work-appropriate attire.
Donations of good-quality workwear, including suits, blouses, skirts, pants, as well as shoes in good condition are welcome.
Some of the donations (vintage and designer clothing) are sold to raise funds for the organisation.
In addition, Fitted for Work also provides a number of women with good-quality second-hand handbags filled with toiletries as a gift. So donations of handbags in good condition and unused toiletries and makeup would also be very welcome.
Items needed as a matter of priority currently are:
Pants – tapered/slim fit, black and navy blue, sizes 12+ in particular
Blouses – contemporary cuts and styles, sleeves preferred, sizes 12+ in particular
Flat shoes – all sizes
Makeup – new, packaged, including mascara and foundation
Deodorant
If you have any donations, please deliver them to the following people (call first to make sure we are in chambers!) by Friday, 8 March 2024.
Sandra Karabidian - 1016 Owen Dixon West (9225 6493) skarabidian@vicbar.com.au
Kylie Evans SC – L15 Castan Chambers (9225 8881) kylie.evans@vicbar.com.au
Chapman’s List Barristers – Marked attention: Sandra Karabidian, LG Owen Dixon West (9225 7666)
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, or something special you may have in mind. Email us at essoign@vicbar.com.au
Our new Spring Summer Menu is available here.
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 for the monthly Best Buys!
On Tuesday, 2 January 2024, Court Services Victoria (CSV) notified the public of a security incident impacting Victoria’s courts. Since then, the County Court has worked closely with impacted stakeholders to respond to and mitigate the impacts of the incident.
The court has been notifying those affected and is working hard to protect its technology from future cyber-attacks.
CSV notes that while the number of matters affected by the incident is substantial, the court is not aware of any unauthorised publication of recordings. Monitoring of republication remains in place. Legal practitioners should note that given the volume of matters impacted, the County Court does not intend to send individual notifications to matters that may have been potentially affected at this time.
If practitioners wish to seek further information in relation to a particular matter, please get in touch with the dedicated line on 03 8636 6640 or by email at Countycourtdata@courts.vic.gov.au.
The County Court remains committed to maintaining the security of court users and continues to work closely with cyber security experts to ensure systems are safe and secure.
The Supreme Court of Victoria is pleased to announce the appointment of Mr Michael Carroll as Chief Executive Officer of the Court.
Click here for more information.
Researchers from the Australian National University and the University of Melbourne, with support from the Victorian Legal Services Board and Commissioner (VLSB+C) and key legal regulatory bodies interstate, have launched a new study into lawyer wellbeing, workplace culture and ethics.
Lawyers practising under the Uniform Law Scheme in New South Wales, Victoria, and Western Australia are encouraged to participate by completing a confidential, anonymous survey by Friday, 1 March 2024.
Click here for more information and to participate.
The Law Council of Australia has updated details for their Qantas Corporate Scheme. To find out more, please see our Member Benefits page.
The Board has released an article via our Website and Lawyers Weekly.
The Board will continue to keep you updated as we work towards the transition from NMAS to AMDRAS.
Victorian legal professionals can enjoy improved access to authoritative legal resources with the revamped Law Library Victoria website.
The new Law Library website makes it easier for Victorian lawyers, judicial officers, and Court Services Victoria staff to access the Library’s comprehensive legal collection.
It includes:
- a more secure 24/7 connection to expert legal content,
- specialised area of law collections and
- My List, a personalised collection for faster access to frequently-used resources.
Explore the new Law Library Victoria website at www.lawlibrary.vic.gov.au.
The Melbourne Catholic Lawyers’ Association invites members of the Bar to its half-day retreat on Sunday, 3 March 2024 at Corpus Christi College, 180 Drummond Street, Carlton.
The retreat is being led by Fr Michael Buck, and the theme is “Both Magistrate and Saint: Wisdom from St Augustine of Hippo”.
The retreat program and booking details can be found at Melbourne Catholic Lawyers: Current Events.
Melbourne Law School is pleased to present the following events in March:
The uses of disenchantment: Law, history and the public intellectual
Samuel Moyn in conversation with Shaun McVeigh and Sundhya Pahuja
It’s hard not to feel pessimistic about the state of the world. The news is already bad; fake news and algorithms make it worse. Calls for academics to res
pond with a renewed responsibility in public debate often suffer from the same malaise. And the struggle for well-informed commentary can be hard to sustain in the light of the critical demands of justice and lawful conduct and the criticism of law and justice. Over the last fifteen years, Prof. Moyn has developed a sustained historical disenchantment of the promises and fantasies of the Euro-American post 1945 settlement. He is the author of several critical histories of international law and human rights including The Last Utopia: Human Rights in History (2010); Christian Human Rights (2015), and Not Enough: Human Rights in an Unequal World (2018). His recent books include Humane: How the United States Abandoned Peace and Reinvented War (2022) and Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times (2023). Join Prof. Moyn in conversation with Prof. McVeigh and Prof. Pahuja about the role of the historian and jurist, styles of academic engagement in Western universities, and the struggle between pessimism and hope in political discourse.
This event is supported by the Melbourne Law School, the Institute for International Law and the Humanities, the Laureate Program in Global Corporations and International Law, and the Adelaide Writers’ Week.
Agenda:
From 5:30pm: Welcome reception with drinks and light refreshments provided in the level 9 Common Room.
From 6:30pm: Conversation with Prof. Samuel Moyn in Room 920, level 9
Date & Time: Monday, 4 March, 5:30pm - 7:30pn AEDT
Location: Level 9, Melbourne Law School, 185 Pelham St, Carlton
Registration: Here
Nathan & Pamela Jacobson Public Lecture 2024
Searching for our shared humanity: Reflections from the field
Presented by Dr Helen Durham AO, CEO of RedR Australia
In this lecture, Dr. Helen Durham will share insights gained from 30 years of working as an international humanitarian lawyer, an area of law dedicated to alleviating suffering during times of armed conflict. With faster visibility of the reality on the battlefield and more intense exposures to the brutal consequences of war, there is an amplification of a simple narrative involving ‘good’ and ‘bad’ without space for wider reflections.
Concurrently, we are witnessing stronger questioning of the relevance and impact of international law. Using her direct experiences in the field, from Mogadishu to Gaza, and her engagements with military and authorities globally, Dr. Durham will explore the importance of reminding ourselves of the need for a common humanity. This lecture is co-hosted by the MLS Human Rights Program and the Melbourne Journal of International Law.
Agenda:
From 5:30pm: Welcome reception with drinks and light refreshments provided in the Ground Foyer.
The lecture will start at 6:00pm in the ground floor theatre, G08.
Date & Time: Thursday, 7 March, 5:30pm - 7:00pm AEDT
Location: Theatre G08, Melbourne Law School, 185 Pelham St, Carl on
Registration: Here
CCCS Recent Developments Symposium
Centre for Comparative Constitutional Studies is pleased to offer a one-day seminar on 'Current Developments in Constitutional Law'.
Four expert panels will discuss key themes arising on two recent, seminal High Court cases: Vanderstock v Victoria (2023) and NZYQ v Minister for Immigration (2023) and on the future of constitutional change.
Date & Time: Friday, 8 March, 8:50am - 4:30pm AEDT
Location: Woodward Conference Centre, South Room, Level 10 Melbourne Law School
Cost: Standard rate $200, Academic rate $125
Registration: Here
International Women’s Day 2024
Reproducing Abortion: A Feminist Conversation on Bodily Autonomy in the Shadow of Dobbs
The Institute for International Law and the Humanities is inviting you to join us in person for a seminar chaired by Professor Ann Genovese (Melbourne Law School) with presentations by Johanna Commins (Melbourne Law School), Dr Elena Caruso (University of Waterloo, Canada), and Dr Erica Millar (La Trobe University). The responsibilities of feminist scholars are specific and important, sharing traditions across disciplines and locations of centring experience, maintaining scepticism toward positivist projects, and devising methodologies that respond to the diffuse operation of law’s refusal of gendered agency and status. This feminist scholarly responsibility is particularly acute in the contemporary moment for scholars whose work challenges the laws, histories, stories, and tropes that confine and limit women’s access to and experience of abortion. In this seminar, three scholars discuss their work on this topic. They address how their distinct methodologies, which draw across and between law, gender studies, literature, and history, bring feminist activism and interdisciplinary feminist scholarship into a necessary relationship. In the seminar, we hope to open up a shared conversation about how feminist work on abortion, be it in Italy, Australia, or the US, is more important than ever to advocate for the bodily autonomy of women and gender-diverse peoples in 2024.
Date & Time: Friday, 8 March, 9:45am - 12:00pm AEDT
Location: Room 610, Level 6, Melbourne Law School, 185 Pelham St, Carlton
Registration: Here
Allen Hope Southey Memorial Public Lecture 2024
Knowing Receipt, Fiduciary Duties and Equitable Interests in Property
Presented by Prof. Charles Mitchell KC FBA, University College London
Liability for knowing receipt is incurred when defendants receive legal title to trust property with unconscionable knowledge that the trustee was not authorised to transfer it to them. Liability is also incurred when defendants receive property from other people who act beyond limits enforceable in equity that are placed on their powers to transfer legal title, e.g. company directors and administrators of a deceased person’s estate. It is often said that claimants must show that the property was transferred ‘in breach of fiduciary duty’. However, this is confusing because courts often use this term in two different senses – to denote either a duty to avoid conflicts of interest or a duty of due administration (meaning a duty to comply with the terms on which a power has been given to control and dispose of property). Confusion has also been caused by findings that a claimant must have had an ‘equitable interest’ in the relevant property that was not destroyed before, or at the time of, a defendant’s receipt. The problem with this is that the juridical content of the claimant’s ‘interest’ has not been clearly defined. The lecture will examine both sets of problems and suggest some solutions.
Date & Time: Wednesday, 27 March, 6:00pm - 7:00pm AEDT
Location: Theatre G08, Ground floor, Melbourne Law School, 185 Pelham St, Carlton
Registration: Here
Details for the much anticipated ACT Bar CPD Conference have been finalised and tickets are now available.
The CPD Committee has coordinated a fantastic day which includes seven presentations with a total of 11 presenters.
The Conference will provide you with 7 CPD points.
Where: Australian Academy of Science, The Shine Dome, 15 Gordon St, Acton. In the beautifully appointed Ian Wark Theatre
Time: 8:00am to 5:00pm
RSVP: Monday, 11 March, 5:00pm
Read the Conference itinerary here
(be sure to click on the presenter's name to read their bio and the article for Dr Chin and Dr Cullen's presentation)
Purchase your ticket/s here.
As this event will be fully catered, please ensure you contact Tim Kapustin regarding any dietary requirements.
Date: Monday, 18 March 2024
Time: 5:00pm – 6:15pm AEDT
Place: Online and at Court No 1, Level 8, Federal Court, 305 William Street, Melbourne – this is a free event and a link will be provided prior
On 7 December 2023, the Commonwealth Attorney-General introduced into the Federal Parliament the Administrative Review Tribunal Bill 2023 and the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023. When enacted, the Bills will abolish the Administrative Appeals Tribunal and replace it with the Administrative Review Tribunal.
Click here for more information and to register.
Learn about expert determination, mastering the entire process from appointment to publication.
This course is designed for individuals seeking a deeper understanding of expert determination, including those considering becoming expert determiners & those already practicing who wish to refine their skills.
- This course aims to:
Advance the knowledge and understanding of the practice of expert determination in the dispute resolution and wider community. - Provide participants with a practical understanding of the process and legal requirements for the conduct of the expert determination.
- Assess participants on the practice of expert determination and the writing of a reasoned determination.
- Provide a pathway for Resolution Institute members to be listed on Resolution Institute’s Register of Practicing Expert Determiners.
Click here for more information and to register.
Members of the Bar are invited to attend a Bail Reforms Conference at the RACV City Club in Melbourne on Thursday, 21 March 2024. This event is presented in partnership with the Office of Public Prosecutions, Victoria Legal Aid, and the Victorian Aboriginal Legal Service, with funding from the Department of Justice and Community Safety. Please find here the guide to Aboriginal bail considerations (noting an updated version with links will be provided after the commencement of the reforms). The conference aims to educate the Victorian legal profession about key legislative provisions, as well as the context and purpose of the forthcoming Bail Act reforms, in order to strengthen the submissions and decisions made regarding those applying for bail. The full conference agenda will be distributed in the coming weeks.
To confirm attendance, please complete the RSVP form by 1 March 2024. There are only 12 places available, so be sure to book in quickly.
This Conference will be held in Hong Kong on Monday, April 8, and Tuesday, April 9, 2024, at the Murray Hotel.
The theme of the Conference is arbitration as a universal language for both civil and common law jurisdictions, focusing on the advocacy skills required.
We hope you will join us at the Conference and look forward to receiving you in Hong Kong.
Click here to view the Conference website and here to view the flyer.
Contact Email: 2024conference@i-atc.com
Save the date! Ciarb’s Asia Pacific Diploma Course in International Commercial Arbitration starts on 11 May 2024. This Diploma takes place in-person in Singapore.
Click here for more information.
Monash Law is one of the largest and most dynamic law schools in Australia.
We invite Expressions of Interest in working with our team of experienced educators and leading academics.
As a casual (sessional) academic staff member, you are an important part of the Faculty’s teaching program. You will assist the Law Faculty to maintain our high quality in teaching and learning, addressing students’ learning requirements for core units, and increase flexibility in subject offerings.
You are encouraged to submit an Expression of Interest application if you have obtained an Australian law degree with excellent results, have relevant experience, and have the capability to work within our teaching teams at either Clayton and the City Chambers, daytime or evening classes. Casual work may be available in lecturing, tutoring, and marking in private and public law units and clinical offerings.
Please contact us via the Expression of Interest portal here.
Women & Leadership Australia has announced new scholarships to enable more women to access world-class leadership and workplace skill development programs.
By combining cutting-edge leadership theory with practical application, and a flexible part-timedelivery, Women & Leadership Australia offers an unparalleled learning experience designed to fitinto your busy schedule.
With partial scholarships ranging from $1,000 to $5,000, there are four programs to suit women innon-leadership roles all the way up to senior executives.
Applications close Friday, 22 March 2024, unless allocated prior. Find out more 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, 29th February 2024