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In Brief Issue #1164
30Aug
Silks Ceremonies
This week has really been all about our new silks. On Monday evening, I hosted a small reception for them in the Richard Griffith Library to which I invited the Bar Council and members of the Chief Justice’s Preliminary Evaluation Committee. Then, yesterday, it was my honour to present our new Senior Counsel at Ceremonial Sittings held by the Supreme Court, the Federal Court, and the Federal Circuit and Family Court of Australia (Divisions 1 and 2). It was a splendid morning for the silks, their families and friends and for our Bar. Chief Justices Ferguson, Mortimer and Alstergren each warmly welcomed the silks and provided some guidance for them in their new role.
Many members of the judiciary and the Bar honoured the new silks by their attendance, including the Acting Chief Justice of the High Court, the Honourable Justice Michelle Gordon AC, who does so much to support our Bar.
The Supreme Court ceremony was followed by a morning tea in the Supreme Court Library and in the evening Justice Moshinsky, on behalf of Chief Justice Mortimer, and Chief Justice Alstergren AO hosted a reception at the Commonwealth Court Building.
On behalf of the Bar, I thank the Courts for their hospitality. I also thank Chief Justice Ferguson for her continued support of the silk selection process and all those who have assisted her with it.
Portrait Unveiling for the Honourable Geoffrey Nettle AC KC
On Wednesday evening, I attended a function hosted by the Peter O’Callaghan QC Gallery to unveil its latest commission, a portrait of the Hon. Geoffrey Nettle AC KC by renowned artist Jude Rae. The Hon. Robert Redlich AM KC spoke with warmth and affection about the subject of the portrait who is universally acclaimed as one of our most esteemed members and whose distinguished career and contributions to the law have earned him widespread respect and admiration. Nettle spoke in his customary brilliant manner about the process of having his portrait painted and his admiration for the artist. All, including Nettle’s family who were present, agreed that the portrait is a masterful likeness.
On behalf of the Bar, I thank the Gallery, and in particular its Chair, Philip Solomon KC who so carefully guides its acquisitions; the Arts & Collections Committee, chaired by Siobhan Ryan KC; Peter Jopling AM KC who was responsible for this commission and last, but not least, the donors who made the commission possible.
Ah Ket Chambers launch
Following the unveiling, I had the pleasure to attend the opening of Ah Ket Chambers at 500 Bourke Street. Named for William Ah Ket, who signed the Bar Roll in June 1904, the new chambers, housing 67 barristers, are very impressive. Whilst I could not get there in time to hear the speeches, they were, by all accounts a great success. Guests were welcomed to country by Aunty Diane Kerr and Chief Justice Mortimer spoke inspiringly about the crucial role that barristers play in advocating for marginalised communities.
LIV Dinner
Yesterday evening, I attended the Law Institute of Victoria’s 2024 Victorian Legal Sector Dinner at the Metropolis, Southbank. Representatives of all the legal sectors were invited to a night that celebrated the contributions our organisations collectively make to the administration of justice and the rule of law. I thank my hosts and congratulate them on a very successful evening.
Launch of new website and administration system
The digital transformation of the VicBar website and administration system is almost complete. The Bar Office has been conducting thorough testing, which is required to ensure a smooth transition to the new platform. We expect to launch the new website next week. We are grateful for your patience during this important transition.
The role of the Independent Bar
When he addressed the new silks on Thursday, the Hon. Chief Justice Alstergren AO reminded them that whether junior or silk, in the words of Sir Owen Dixon, the independent barrister stands between the subject and the Crown, the rich and the poor and the powerful and the weak. In case you think that this is merely the stuff of great speeches, I urge you all to watch the recording of a CPD delivered on 19 August by Ruth Shann SC and Amy Brennan entitled ‘The Ethics of Criminal Defence’. Whether you practice in crime or not, their insight into what it takes to be a fierce and independent defence barrister in Victoria today will confront you. Members will find a video recording of the CPD on the website.
Response to criticism of Bar Council’s acknowledgment of country
This morning, you may have read my response in The Australian to criticism of my practice of opening meetings of Bar Council with an acknowledgment of country. I regret that yet again the affairs of our Bar have been the subject of negative commentary in the media, this time by a member of Bar Council. In the past I have always addressed such issues directly with you through In Brief however, on this occasion I considered that it was necessary to speak to a wider readership and to reassure it of our commitment to reconciliation.
To read the full article click here.
Georgina Schoff KC
County Court of Victoria
A ceremony to farewell his Honour Judge John Carmody as a judge of the County Court will be held in Court 3-3 of the County Court, 250 William Street, Melbourne on:
Monday, 23 September 2024 at 4:30pm
All counsel who are able to do so are asked to attend. The ceremony will also be livestreamed via Zoom here.
Bar Roll No: 2888
The Honourable Frank Turner was educated at Scotch College and completed a part-time law course with the Council of Legal Education whilst working at the Registry of the Conciliation and Arbitration Commission. He signed the Bar Roll on 16 October 1975, less than three months after he was admitted to practice and read with Pat Dalton KC.
With a lively intelligence and energy for everything he did, Frank soon built a strong practice. From 1977 to 1981 he was kept busy as Dalton’s junior, appearing for the State of Victoria in a series of National Wage Cases. Thereafter, he appeared in an array of industrial cases in numerous jurisdictions for various clients including governments, unions and major corporations. He travelled extensively around Australia, Singapore and all the way to an oil rig in the Timor Sea. He was later admitted in the Northern Territory and amongst other things, advised indigenous communities on various issues. He was a qualified mediator and gained a reputation as a pragmatic and effective negotiator. For a short period, he left the Bar to become a partner at Allens Arthur Robinson, where he headed up their industrial law practice. In 2006, he was appointed to the Federal Magistrates Court. Much of the work involved the adjudication of family law and migration cases. In Court he was courteous and sensitive, his main concern being for the welfare of the children. Parties were encouraged to settle their disputes, but if a judgement was required it was short, to the point and promptly delivered.
Outside the law Frank would have a go at anything. Drummer in a band, piloting, handyman, welding, laying tiles, painting fences and demolition work. The outdoors, and in particular 4-wheel driving and fishing, were his recreations. Flounder spearing at Brighton and Point Cook, whiting fishing with Jack Pompey at Mordialloc, leading to an occasion when he hooked onto something which dragged his boat up the Bay snapping the line. It was thought perhaps to have been a passing submarine. He did better in the Northern Territory where the fish were easier to catch.
Frank and his wonderful wife Helen had three children Richard, Andrew and Caroline, of whom they were justly proud. Both sons followed Frank into the law with Andrew now the Chief Clerk of Foley’s List.
Frank had health challenges but met them with courage and fortitude and was never heard to complain. He had an open manner which brought friendship and respect, a sense of fun and an enthusiasm for life which lifted those around him.
He was a good man and will be missed.
We invite interested members to submit their Expressions of Interest for the position of Editor on the Victorian Bar News Committee.
Victorian Bar News is the biannual magazine published by the Victorian Bar for its members. It features a blend of in-depth professional articles, profiles of legal personalities, coverage of social events, courtroom humour, health and well-being tips, sports updates, travel stories, and highlights from key events—all presented in an engaging and visually appealing format.
The Committee is composed of four editors and 11 committee members responsible for coordinating the magazine's production.
Please forward your expression of interest to sharni.doherty@vicbar.com.au. The closing date is by COB on Thursday, 5 September 2024.
The Women Barristers’ Association (WBA) will be holding their Annual General Meeting on 12 September 2024, at 1:00pm, in the dhumba djerring Room, Level 1, Owen Dixon Chambers East.
The AGM is open for all members to attend and WBA also encourages new members to attend and join.
Further, the WBA wishes to put out a call for new committee members. Anyone interested in joining the Committee is welcome to send a nomination form to Marion Isobel by no later than 12 noon on 5 September 2024.
At the AGM, the Committee for 2024/2025 will be elected and other business (including Convenor's report and accounts for the year) will be considered.
Nominations for the next Victorian Bar Pro Bono Awards are now open.
The next Victorian Bar Pro Bono Awards Ceremony will take place in March 2025, and nominations for the awards are open until November 2024.
If you are aware of barristers who are making an outstanding contribution representing parties on a pro bono basis, please consider making nominations throughout the nomination period.
For more information on the awards and to view last years winners, click here.
To nominate a barrister, click here.
Nominations are now open for the Law Council’s President’s Award 2024.
In 2007, the Law Council introduced this prestigious annual award and is conferred to Australian lawyers in recognition of an outstanding contribution to the public or other service. The award recognises and celebrates the exceptional accomplishment of individuals whose personal and professional commitment is to promote the development of improvement of law or the administration of justice throughout Australia.
Each year, the five most recent Law Council Past Presidents participate in a judging panel for the President’s Award. This is a prestigious annual award conferred in recognition of an Australian lawyer’s outstanding contribution to the public or other service. The President’s Award will be presented at the Law Council’s Gala Dinner, on Friday, 29 November 2024 at The Marion, Regatta Point, Canberra
Previous recipients of the President’s Award are (2007) Mr Lex Lasry QC, (2008) The Hon Ted Mullighan QC, (2009) Mr Bret Walker SC, (2010) Mr Colin McDonald QC, (2011) Ms Debbie Mortimer SC, (2012) Mr Mark Woods, (2013) Ms Elizabeth Heenan, (2014) Mr Geoffrey Eames AM QC and Ms Raelene Webb QC, (2015) Mr Ian Kennedy AM, (2016) Mr Julian McMahon, (2017) Mr David Neal SC, (2018) Mr Phillip Boulten SC, (2019) Ms Haley Allan and Mr Bill Mitchell, (2020) Mr Stephen Keim SC, (2021) Mr Terry O’Gorman AM and (2022) Ms Kate Eastman AM SC.
The Bar Council is asked to nominate one outstanding member of the Bar for this year as a recipient. In sending your nomination, please include a statement about the nominee’s achievements and how he or she fits the Award Eligibility Criteria.
Please send your nomination to sharni.doherty@vicbar.com.au on or before Thursday, 5 September 2024.
- Technology Price Increase FAQ. BCL recently communicated a price increase to all technology services, effective 1 September 2024 (see communication here).To read the FAQ regarding the increase, click here.
- 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 read more about the benefits of having chambers with BCL and click here to view our current vacancies.
All members of the Victorian Bar community, including staff of Bar and Clerks are welcome to join the choir. No obvious singing talent is required! You’ll find that the choir is friendly, and singing is fun and relaxing, which is a highlight of the week.
Term 3 dates: 16 July to 24 September 2024.
Time: 1:00pm-2:00pm, Tuesdays.
Location: Level 11 East
Cost: $275 a term. 2024 Readers free.
Click here for the flyer. Pro rata subscriptions are available if you join mid term. For more information, contact the Bar office on 9225 7111 or reception@vicbar.com.au.
VicBar FC is calling for players (of all levels) for the upcoming football (soccer) tournament against QLD and NSW Bars and members to attend the Sports Law Conference.
Date: Saturday, 7 September
Venue: Brisbane, Queensland. Football games to be played at Moreton City Football Club grounds. If booking accommodation, Eaton Hills Hotel in Mortan Bay is recommended.
Further details: To be circulated once confirmed. The Sports Law Conference is usually held in the morning followed by the Tri-State Football tournament.
If you wish to play please email danielnguyen@vicbar.com.au with your preferred playing position(s) and we’ll do our best to accommodate. If you wish to attend the conference, please email indicating your interest.
Click here for more information.
Dear Members,
As of Monday, 26 August we are extending our Coffee Cart hours.
Our Coffee Cart will be open from 7:30am – 2:30pm daily
Ground Floor – Owen Dixon West
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!
Court Services Victoria has released an independent audit of work done in response to the recommendations Dr Helen Szoke made in the Preventing and Addressing Sexual Harassment in Victorian Courts and VCAT report.
You can find the audit report here and our response here.
Consultation re proposed amendment of the Legal Profession Uniform Continuing Development Rules (Barristers) 2015 pursuant to section 427(5)(b) of the Legal Profession Uniform Law.
The Australian Bar Association invites comments and submissions on a proposal to amend Rule 9(1) of the Legal Profession Uniform Continuing Development Rules (Barristers) 2015 to add a further category of ‘(e) Equality and Wellbeing’.
Rule 9 currently provides:
9 Categories of CPD
- A barrister must, unless otherwise exempted, in each CPD year engage in CPD activities in each of the categories set out below—
- Ethics and Professional Responsibility,
- Practice Management and Business Skills,
- Substantive Law, Practice and Procedure, and Evidence,
- Barristers’ Skills.
- These categories are subject to any requirement of the designated local regulatory authority or legislation.
Submissions can be sent to the Australian Bar Association on or before 30 September 2024 by email to: ceo@austbar.asn.au
The additional category would be a mandatory CPD that would to be undertaken annually by every barrister covered by these rules. However, the need to accumulate 10 CPD points annually would not change.
This proposed category is intended to include ‘Anti-Discrimination, Harassment and Bullying’ but is broader in nature.
The current CPD schemes in both the Northern Territory and South Australian contain requirements to complete one CPD unit relating to ‘bullying, discrimination and harassment’. Clause 1(d) of the Northern Territory’s CPD scheme requires practitioners to complete one unit in ‘skills relating to identifying, addressing and preventing bullying, discrimination and harassment in the workplace (including, for example, responding to claims of sexual harassment and developing strategies for a safe workplace culture)’ each year. Clause 2.2 of the South Australian CPD scheme requires practitioners to complete one CPD unit ‘relating to bullying, discrimination and harassment’ each year.
The proposal is more closely reflects the current CPD Scheme in Tasmania. Clause 3.2(d) of the Law Society of Tasmania’s CPD scheme requires legal practitioners to complete one CPD unit relating to equality and wellbeing each year. Schedule 1 of the Scheme includes the following illustrative and non-exhaustive examples of CPD topics that relate to equality and wellbeing:
- staff welfare (including WHS, staff wellbeing and the law relating to discrimination, harassment, and bullying)
- awareness training
- family safety and family violence
- unconscious bias
- bystander training
- sexual harassment
- bullying
- mental health
- working with people from culturally and linguistically diverse backgrounds
- sex, gender and diversity and the law
- indigenous issues.
While not exhaustive, these examples would fall within the proposed ABA category.
Consideration was given to a limited category of ‘Anti-discrimination, harassment and bullying’, in the end the Council resolved to propose a broader category on the basis that:
- There is abundant academic research identifying a perpetrator’s poor mental health and lack of self-regulation as a contributing factor in his or her inappropriate behaviour;
- Inappropriate behaviour adversely impacts the wellbeing of both targets and bystanders;
- Inappropriate behaviour may arise from a lack of awareness or understanding of matters in respect of cultural or gender diversity; and
- A broad approach allows for a greater range of topics to be presented that, while not squarely addressing inappropriate behaviour, improves barrister civility and standards of practise by fostering self-awareness, empathy, and a respect for others.
It is considered that the proposed amendment will go some way to addressing issues of behaviour, civility and the culture of the Bar.
Access authoritative digital and print Criminal Law resources at the Library. Visit the Criminal Law page on the Library website for a curated digital collection.
Titles include:
- Bourke's Criminal Law Victoria
- Criminal Law, Investigation and Procedure Victoria
- Ross on Crime
- Archbold: Criminal Pleading, Evidence and Practice
- Indictable Offences in Victoria
- Criminal Law Journal
- Australian Criminal Reports
Barristers have 24/7 access to the Richard Griffith Library. Need help finding legal information? Ask a librarian.
We are pleased to support Australian Arbitration Week (AAW), being held from 13 to 18 October 2024 in Brisbane, Australia. The lead event for AAW 2024 is the ACICA & Ciarb Australia International Arbitration Conference, being held on 14 October 2024 at The Rivershed, Howard Smith Wharves.
In its 12th year and with over 40 events currently scheduled on the Calendar of Events, AAW is ramping it up with sessions from global thought leaders, practical tips and tricks for practitioners and arbitrators of all levels, and kick on events to showcase Australia as a leading venue for dispute resolution, business and even a bit of fun.
To ensure that you do not miss out on event and registration information, follow ACICA on LinkedIn and keep an eye on the AAW website.
Melbourne Law School is pleased to present the following free public law lectures in September 2024:
2024 James Merralls Fellowship in Law Lecture (Melbourne and Sydney)
‘Constitutional Identity and the Right to Attachment’
Presented by Professor Nick Barber, Oxford University
What form should our relationship with the state take? Is the state like a team, where membership is grounded primarily in reasoned consent, or is it more like a family, where membership is grounded primarily in emotional attachment? The lecture examines the differences between these two, and argues that we have good reasons for wanting our relationship with the state to be underpinned by attachment. But whilst wanting to experience attachment is rational, it is not a disposition we can chose or can be reasoned into adopting. In consequence, states must rely on emotional strategies to ground attachment. The lecture ends by reflecting on the right to attachment, the limits that our reasons for wanting to experience attachment place on the emotional strategies states deploy.
This lecture will be delivered in Melbourne and Sydney. Please see below for further details on each location.
Melbourne lecture:
Date & time: Thursday, 5 September 2024 from 5:00pm – 7:00pm.
Location: Lecture Theatre G08, Law Building, 185 Pelham Street, Carlton
Information and registration: Please click here.
Sydney lecture:
Date & time: Tuesday, 10 September 2024 from 5:15 pm – 7:00 pm.
Location: QT Sydney, 49 Market Street, Sydney NSW 2000
Information and registration: Please click here.
2024 Sir Kenneth Bailey Memorial Lecture
‘International Law and the Multilateral System in Face of Climate Change and Threats to the Ocean’
Presented by Dr Nilufer Oral, Director, Centre of International Law, National University of Singapore
The world is facing multiple threats to the environment, among which climate change dominates. Australia and Oceania are especially vulnerable to the adverse impacts of climate change, in particular, harm to the marine environment and sea level rise. Climate change is a collective threat that requires collective action. The question is whether international law and the current multilateral system can meet the challenges of climate change? Can the seemingly fractured and cacophonic world of the United Nations rise above the daily commotions of crisis and find solutions to pressing problems facing the world?
International cooperation is at the heart of the United Nations Charter as expressed in Article 1, paragraph 3 of the UN Charter. The lecture will discuss cases in which the multilateral system through international law has rallied to address threats to the marine environment, including sea level rise, focusing on the work of the United Nations International Law Commission on sea level rise, the advisory opinion request presented to the International Tribunal for the Law of the Sea by the Commission on Small Island States (COSIS) and that presented to the International Court of Justice by the General Assembly, at the initiative of Vanuatu.
Date & time: Thursday, 19 September 2024 from 6:00pm – 7:00pm.
Location: Lecture Theatre G08, Law Building, 185 Pelham Street, Carlton
Information and registration: Please click here.
Practitioners are reminded to register for the Court’s annual Employment and Industrial Law Seminar, which is being held on Wednesday, 11 September 2024.
The event is in-person at the Court’s Sydney, Brisbane and Melbourne registries and will also be livestreamed nationally.
Click here for more information.
Course start date: 20 September 2024
Booking deadline: 5 September 2024
Delivery: In-person
Location: Clifford Chance, Perth
Cost: AUD $550
Kickstart your journey towards a globally-recognised qualification with this one-day, in-person course led by esteemed arbitrators and counsel.
As a bonus, candidates can also attend a free CPD event featuring former Chief Justice of Western Australian and international arbitrator, The Hon Wayne Martin AC KC.
Don't miss this opportunity for professional growth and networking. Course and CPD Event hosted by Clifford Chance. Read more.
Register now to attend the AWL National Conference in Canberra from Friday, 18 October – Saturday, 19 October 2024, “Leading the Way”.
The AWL National Conference is the premier conference for women lawyers, thought leaders, change champions, students, and professionals in the Australian legal profession.
The AWL National Conference is held once every two years and covers substantive law topics (for which Continuing Professional Development points may be claimed) as well as highlighting inspiring new ways to think, work and live. As always, the AWL National Conference also provides supportive and valuable networking opportunities for women lawyers.
The Law Council would like to inform the constituent bodies that applications for the 2025 John Koowarta Reconciliation Law Scholarship (Koowarta Scholarship) are now open.
Applications close COB Monday, 16 September 2024.
The Eligibility Criteria for the Koowarta Scholarship is available here. Scholarships will be awarded on the recommendation of the Selection Committee appointed by the Law Council of Australia. The successful applicant will receive a scholarship to the value of up to $9,000 for the 2025 academic year, and will also be offered the opportunity to receive mentorship from individuals or organisations within the legal profession.
Should you have any questions, please do not hesitate to contact the Law Council by email at koowarta@lawcouncil.au
Click here for the application form.
The Law Council is pleased to advise that nominations for the 2024 Australian Young Lawyer Awards opened on Monday, 15 July 2024.
The Awards are conducted annually by the Law Council’s Young Lawyers Committee, recognising excellence in young—or early-career—lawyers and organisations. Nominations will close on Friday, 30 August 2024 at 5:00pm AEST, with the winners expected to be announced on 22 November 2024 at the National Golden Gavel event in Melbourne.
The LCA have published Guidelines and a Nomination Form on their website, where information is also available about the winners of the 2023 Awards.
For more information, please contact Ms Natalie Cooper, Senior Policy Lawyer, at Natalie.cooper@lawcouncil.au or on (02) 6246 3724.
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, 5th September 2024