In Brief Issue #855


Thank you for your warm and constructive feedback on the re-design of In Brief and your enquiries as to whether the struck through text was intentional

Last year, a record number of our members participated in the largest ever survey conducted of the state of the Victorian Bar. The close-to-final results were presented to Bar Council last night and provide a fascinating insight into the changing demography of the Bar, income levels, progress on equitable briefing, and changing work composition and practices. The results will be presented to the Bar at a special late-afternoon event on 27 March 2018. Save the date—more details will follow.

Speaking of the changing demography of our Bar, later this year the Arts and Collections Committee will exhibit an extraordinary showcase of black and white photographs of current members of the Bar in the Peter O’Callaghan QC Gallery on the ground floor of Owen Dixon Chambers. All members can be a part of this exciting project by having their photograph taken by the photographer who will be in the Gallery over the next two weeks. Don’t miss out on this opportunity to be a part of the living history of our Bar. For more details, see the Vicbar News & Events section below.

Yesterday we welcomed our March 2018 Readers. We have a cohort of 45 readers from diverse backgrounds, who will spend the next nine weeks undertaking our intensive and challenging Readers’ Course. I have emphasised to the new Readers our core values as a college of independent advocates including, of course, collegiality and the open door policy. Please make our newest Readers feel welcome when you see them around chambers.

Behind the scenes, this week, the team and I have been active on a number of ongoing projects related to pro bono work, diversity and inclusion, and the promotion of the Bar as a centre of legal excellence.


By-election result

Congratulations to Susan Gatford, who was elected to Bar Council at the by-election this week. Susan has previously served on Bar Council and it was a pleasure to welcome her back to the team at our meeting yesterday afternoon.



Congratulations also to Kerri Judd QC who has been appointed Director of Public Prosecutions in Victoria, and to Brendan Kissane QC who has been appointed as Victoria’s Chief Crown Prosecutor.  On behalf of the Bar, I wish them the very best for this new stage of their service to justice and the rule of law.

Vicbar News & Events
Results of the Victorian Bar Council By-election 2018

At the declaration of the poll following the Bar Council By-election on 7 March 2018 Susan Gatford was declared elected in Category A: Queen’s Counsel, Senior Counsel or Junior Counsel of not less than 15 years standing.

Call for Expressions of Interest – Bar Conciliators

The Victorian Bar is calling for Expressions of Interest from members to be appointed by Bar Council as conciliators for complaints of sexual harassment, discrimination and workplace bullying. 

The Bar is expanding the opportunity for informal and co-operative resolution of complaints about this type of conduct by its members. 

Conciliators will play a role in the informal investigation and co-operative resolution of complaints about the conduct of barristers.  This process will include complaints by other barristers or by other persons who engage with barristers. 

Conciliators will have no authority to impose co-operation, nor will they be able to determine the merits of any complaint.   If a mutually acceptable outcome cannot be achieved with the assistance of a Conciliator, then the Conciliator provides information as to other available avenues of Complaint. 

Knowledge of the law surrounding discrimination, sexual harassment and bullying is helpful but not essential.  Training will be provided to those appointed as Conciliators.

The Bar seeks to appoint a diverse panel of Conciliators from both the Senior and Junior bars including men and women across all areas of practice.

For further information about the role, please contact Jacinta Forbes QC - / 9225 8905

Expressions of Interest can be submitted here.

Call for Expressions of Interest – Melbourne Law School Open Witness Examination Competition 2018

Members of the Victorian Bar Association are cordially invited to adjudicate in each round of the competition. Having practising lawyers/barristers/solicitors to act as judges in the competition is a fantastic opportunity for students to gain insightful feedback. It also provides a unique opportunity for students learn more about the Victorian Bar through interactions with its representatives.

Click here to register your interest. 

Adopt the Equitable Briefing Policy

The Victorian Bar has endorsed the Law Council of Australia’s gender equitable briefing policy, which aims to achieve a nationally consistent approach towards bringing about cultural and attitudinal change within the legal profession with respect to gender briefing practices.

Information about the Policy, including FAQs, is available on the Victorian Bar website.

The Policy is available for adoption by individual barristers by completing the form available on the Law Council’s website.

The Bar encourages all members, at all levels of seniority, to show their commitment to equitable briefing by adopting the Policy.

Save the date – Victorian Bar Dinner

This year's Bar Dinner will be held at the Plaza Ballroom on Friday 25 May.

Be sure you keep the date free in your diary.

We Need You! – Photographic Exhibition of Barristers – Peter O’Callaghan QC Gallery

As mentioned in the President’s message, later this year the Art and Collections Committee of the Victorian Bar will exhibit a black and white photography exhibition of 1,000 barristers in the Peter O'Callaghan QC Gallery. The aim of the exhibition is to highlight and promote the changes within the bar. The 'new' look of the bar will  showcase the diversity at the bar, including barristers in all areas of law, age, gender and cultural backgrounds. The theme of the photographs will be 'come as you are'. This may include barristers being photographed in their sporting lycra, sport lux, casual clothes, business attire, suits, robes or robes and wigs. The photographs will be taken from 13 to 23 March 2018 (between 9am to 12.30pm and 1pm to 5pm) in the Peter O'Callaghan QC Gallery. 

Vicbar Life
The Victorian Bar Community Choir - Now Taking Enrolments for Term 1

Now taking Enrolments for Term 1, 1 February to 29 March 2018. 
Come sing on Thursdays from 1-2pm with the Victorian Bar Community Choir and the wonderful choir leader Annemarie Sharry! 

Term (9 weeks) subscription $180 
Casual week by week $25 
Experience and obvious talent not required 

Level 11, Owen Dixon Chambers East 

To join 
Please contact Alannah Jones at the Bar Office on 9225 7059 or  

All welcome.

A Unique Family Law CPD Event Presented by Darren Mort

 Monday 19 March, 2018 at 6.30 p.m. at the Alex Theatre, Fitzroy St, St. Kilda. 

Come and see two short films: 

1. The internationally award winning Family Violence Film, DEGREE OF SEPARATION 
2. TO BE LOVED - a film on Child Alienation and the impact of the family law system 

Special Guest Speakers include our former Chief Justice The Honourable Diana Bryant AO QC & Annette Gillespie CEO Safe Steps Family Violence Response Centre…plus some other special guests. 

Every patron attending shall become officially credited as a Producer in the titles in our next blockbuster - TOMMY - a story about a young boy navigating his parent’s conflictual separation. Prospectus attached with further details. 

So come and have a champagne and nibble with us and enjoy this wonderful insightful event. Look forward to seeing you……and VIC BAR has granted 1 CPD Point per Hour for this special presentation

For Bookings follow this link:

Click here to download the event flyer.

Special Offer – save 20% on ‘The Duty of Care in Negligence’ by James Plunkett (Hart, 2018)

The Duty of Care in Negligence by James Plunkett offers the first book-length treatment of the subject in more than 25 years. The book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.

To order, go to: Enter coupon code DUTY18 at the checkout for your special 20% discount offer on this book.

Live Jazz at the Essoign

Friday 23rd of March from 5pm.
Join us for a night of live Jazz at the Essoign.
The Ruby Rodgers Experience.
See our website for more details   

Studio 11 Indigenous Art Exhibition - ​Owen Dixon Chambers East ​

Studio 11, located at Level 11, Owen Dixon Chambers East is hosting its latest exhibition featuring some 14 works by various Indigenous artists which may be enjoyed during business hours from 29 January 2018 - 29 March 2018. The works are available for sale. Catalogue sheets are located on level 11 ODC East. All members of the Victorian Bar, family, friends and colleagues are very welcome to view and enjoy the works. The most recent exhibition featured works by Melbourne artist, Fred Colla. The next exhibition will feature works by Melbourne artist, Claire Lefebvre.  

Trial and Error - Melbourne International Comedy Festival 2018

Vicbar barrister (and part time comedian) John Leung is producing a stand-up open mic for the legal industry in the 2018 Melbourne International Comedy Festival called “Trial and Error”. The show will be taking place from 10-14 April 2018. John is looking for practising lawyers or others in the legal industry who would like to try their hand at stand-up comedy for the first time. “Trial and Error" will also include experienced comedian-lawyers including John himself, Jess Moir, Andrew Portelli and Cait Johnson. All profits from the show will be donated to the Tristan Jepson Memorial Foundation. 

If you’re interested in flexing your comedy muscles, please contact John at   

BottledSnail Productions Audition Notice: The Snail in the Bottle and the Carbolic Smoke Ball - Two Famous Cases in Song

Members of the judiciary and magistracy in Victoria and barristers are invited to audition to take part in BottledSnail’s Law Week production of two short operettas based on Carbolic Smoke Ball Co and Donoghue v Stevenson set to the tune of Gilbert & Sullivan songs by law lecturer Stephen Todd. 

Performances will be open to the public and held in the Law Library of Victoria on the evenings of Thursday 17 and Friday 18 May and daytime performances on Saturday 19 May (dates to be finally confirmed). For further details, or to book an audition time, see the attached notice.  

Practice & Profession News
Law Council Update

Read the latest news from the Law Council of Australia in the fortnightly Law Council Update.

Victoria Legal Aid Brief

The latest edition of the Victoria Legal Aid Brief can be read here

Victoria Law Foundation latest news

The latest news from the Victoria Law Foundation can be read here

Media Release: New Laws Clear Pathway For Child Abuse Survivors To Sue

The Andrews Labor Government has introduced new laws to quash an unfair legal loophole preventing child abuse survivors from suing some organisations for their abuse.

Click here to view the media release. 

Victorian Legal Services Board Elections 2018

In April this year Victorian lawyers will have the opportunity to vote for one barrister and two solicitors to become members of the Victorian Legal Services Board. The input of these three lawyer members is vital in guiding how the Board responds to all issues that impact on Victorian lawyers.

The Board is now calling for nominations for eligible lawyers to stand in the election. For further information, including how to nominate for the election and eligibility criteria, please see the Board’s website.

Profession CPD & Events
The Federal Court of Australia, with the IFA Australian branch and the Melbourne Law School, invites you to a presentation and panel discussion on: Deciding Tax Cases in an International Context

In today’s rapidly changing era of taxation post-BEPS, this panel addresses the judicial approach to deciding tax cases in an international context. It will commence with an expert presentation from Dr Péter Darák, President of the Curia, the supreme judicial authority of Hungary, on deciding tax cases in the international and European tax context, in a civil law jurisdiction. A panel of experts will provide comments from an Australian perspective including on recent cases, and the Chair will facilitate a panel discussion and questions from the floor. Topics include different approaches to statutory and tax treaty interpretation in the new international tax era; tax incentives and state aid in Europe; and interpretation of specific and general anti-abuse rules.

Date & Time Tuesday 13 March 5:00pm - 6.30pm Melbourne; and national livestream:

Federal Court of Australia,
Court 8A

5:00 pm, Sydney, Court 18A 4:00 pm, Brisbane, Court 2
5:00 pm, Canberra, Court 1 4:30 pm, Adelaide, Court 3
5:00 pm, Hobart, Court 1 3:30 pm, Darwin, Court 9

2:00 pm, Perth, Court 4

Click here to download the event invitation. 

Melbourne Law School Events - Public lecture: “The Dramatic Transformations in HIV Science and Policy” presented by Professor Sharon Lewin

Date: Wednesday 14 March 2018 
Time: Free Public Lecture 6.15pm – 8.00pm 

Please see the attached flyer for more information. The lecture will take place at Melbourne Law School, 185 Pelham Street, Carlton. 

If you would like to be notified of any future events, please subscribe to our newsletter here.

Click here to download the event flyer.   

The County Court - Automated Writ Template Training Sessions - Melbourne and Geelong

On 21 March 2018 the County Court in association with its eFiling service provider CITEC – Confirm is releasing a new eFiling functionality. 

Practitioners needing to file a writ in the Court will be able to do so by using an automated systems generated writ document that is properly formatted and compliant with the Civil Procedure Rules. 

CITEC will provide a training session in Geelong and Melbourne on the following dates: 
Geelong Law Courts - Railway Terrace, Geelong on Wednesday 14 March 2018 at 3pm
Melbourne County Court - 250 William Street, Melbourne on Monday 19 March 2018 at 1pm (meet at the County Court reception at 12.45 for a 1pm start) 

At the training sessions you will get a chance to see first hand how the system works and ask questions. Practitioners and legal assistants are welcome to attend. 

If you have any questions please call Justin Hargreaves on 8636 6508 or email 

Melbourne Law School Events - ‘Brexit: Constitution, Law and Market” – Public Lecture

On behalf of Melbourne Law School, we would like to invite you to the public lecture, “Brexit: Constitution, Law and Market” presented by Professor Richard Rawlings on Tuesday 20 March at 6.00pm-7.30pm

Please see the attached flyers for more information. These lectures will take place at Melbourne Law School, 185 Pelham Street, Carlton. 

If you would like to attend this free public event, please register here. If you would like to be notified of any future events, please subscribe to our newsletter here.  

Creating Utopia Conference: Proudly Sponsored By Deakin University 22-25th March 2018

Creating Utopia: Imagining and Making Futures – Art, Architecture and Sustainability will explore the intersection between art, culture and the natural environment as the inaugural conference of the Lorne Sculpture Biennale.

Dates: Thursday, 22 March - 4:00pm to Sunday, 25 March - 12:00pm 
Location: The View Room, Lorne Hotel, 176 Great Ocean Rd, Lorne 
Tel: +61 3 8344 7437/0425 788 581

Click here to download the event flyer. 
Click here to register.

Melbourne Law School Events - Launch of the Peter McMullin Centre on Statelessness

On behalf of Melbourne Law School, we would like to invite you to the launch of Peter McMullin Centre on Statelessness on Monday 26 March from 6:00pm – 7:00pm.

At this launch event, leading experts on statelessness will discuss the scale and scope of the global challenge of statelessness, the impact of statelessness, the role of the United Nations, including the United Nations High Commissioner for Refugees in addressing the challenge, and the role of academic research in contributing to the eradication of statelessness.

The Melbourne Law School’s Peter McMullin Centre on Statelessness has been established with the objective of undertaking research, teaching and engagement activities aimed at reducing statelessness and protecting the rights of stateless people in Australia, the Asia Pacific region, and as appropriate more broadly. The Centre on Statelessness will fill a critical gap in academic research and engagement on the issue of statelessness and is currently the only university resident and supported institute of its type.

If you would like to attend this free public event, please register here

If you would like to be notified of any future events, please subscribe to our newsletter here.  

Deakin Law School – Investing for Sustainability: Drivers and Enforcers

Deakin Law School along with the Sustainable Market Actors for Responsible Trade (SMART) will host a public seminar on the topic of investing for sustainability.

This seminar discusses possible drivers and enforcers for sustainability-oriented business and investments, identifying how to dismantle barriers to the necessary transition and strengthen emerging trends for sustainability.

Date: Tuesday, 27 March 2018
Time: 9.30am – 1.45pm (including lunch)
Venue: Deakin Downtown, Level 12, Tower 2, 727 Collins Street, Melbourne

A copy of the seminar program is available here.

To register for this public seminar, please register here.

The 2018 Melbourne University Law Review Annual Lecture

The Annual Lecture will be held on Tuesday 27 March at 7:00pm in the David P Derham Theatre (GM15), Melbourne Law School, the University of Melbourne, 185 Pelham St Carlton 3053.

The Annual Lecture is part of an ongoing effort by the Review to increase its engagement with the legal community. In the past, we have had The Hon Justice John Middleton speak on ‘Statutory Interpretation — Mostly Common Sense?’, The Hon Justice Stephen McLeish on ‘Challenges to the Survival of the Common Law’ and The Honourable Kenneth Hayne AC on 'Government Contracts and Public Law'.

This year we are honoured to have The Hon Justice Debbie Mortimer of the Federal Court of Australia as our guest speaker for the Annual Lecture this year. The title of the lecture is 'Some thoughts on writing judgments in, and for, contemporary Australia'. Below is a description of her Honour's lecture:

As in other walks of life the pace of work for, and productivity demands on, courts and judges have increased. While the obligation to explain an exercise of judicial power through published reasons is a critical obligation, the challenge for courts and judges in contemporary Australia is how to reconcile that obligation with the need to give parties outcomes to their litigation in a timely way, and to ensure that explanations for the exercise of judicial power are accessible and understandable. In her lecture, Justice Mortimer proposes to offer a perspective on these challenges.

No RSVPs are necessary. Drinks and canapés will be served in the foyer of the Law School after the event. 

Melbourne TEC Chambers - 3-speaker Construction Law Seminar at 5pm on 28 March 2018

MTECC is hosting a 3-speaker seminar on 28 March 2018 at the RACV Club from 5pm to 7pm. The speakers are Hugh Foxcroft QC on Recent Developments in SOP Act Jurisdictional Challenges, Andrew Downie on Expert Evidence in TEC Litigation and Michael Whitten QC on Recent Developments in Recourse to Bank Guarantees. Drinks and canapés will be served on arrival and following the seminar. There are limited seats. Please RSVP to or

Melbourne Law School Events - ‘Charities, Politics and Tax”: 2018 George Turner Lecture and Randomistas Book Launch

On behalf of Melbourne Law School, we would like to invite you to the following events: 

2018 George Turner Lecture, “Charities, Politics and Tax” presented by Justice Susan Glazebrook DNZM onWednesday 28 March, 6:30-7:30pm

Randomistas Book Launch presented by Andrew Leigh on Thursday 8 March, 5:30-6:30pm

Please see the attached flyers for more information. The lecture and book launch will take place at Melbourne Law School, 185 Pelham Street, Carlton. 

If you would like to be notified of any future events, please subscribe to our newsletter here.  

"Legal Reasoning and Written Advocacy” International Advocacy Training Council conference in South Africa - 2 and 3 April

The IATC and South African bar will be hosting a Legal Reasoning & Written Advocacy Conference on the 2nd and 3rd April 2018 at the Wallenberg in Stellenbosch (near Capetown). 
Will clear and effective legal reasoning and writing survive the relentless onslaught of social media and the tyranny of the twitterati? 

Speakers includeThe Rt. Hon. The Lord Neuberger of Abbotsbury, Former President the Supreme Court of the United Kingdom; Justice Geraldine Andrews (UK); Justice Glenn Martin, Supreme Court (Qld); Justice Ann Ainslie-Wallace (Fam Crt App); Phillip Greenwood SC ( NSW) and speakers from Hong Kong, Malaysia, Zimbabwe, Botswana and South Africa, will be involved in presentations and panel discussions. 

Judges, advocates, attorneys, university teachers and all legal professionals involved in the teaching of advocacy skills, should find the conference very interesting. 

The conference will stimulate debate and explore solutions to the state of legal reasoning and writing in the advocates’ profession and the judiciary. 
Please visit the below link to view the speakers and to register online. 

The Law Library of Victoria - Switch On… Setting up legal alerts

Thursday 5 April, 1.15pm-1.40pm

The Law Library of Victoria invites you to attend our Switch On… information sessions. These twenty-five minute sessions are suited to judicial officers, court staff, legal professionals, law students, and anyone with an interest in law.

This session will highlight some of the best legal alerts freely available. We will demonstrate how to create alerts so you can stay up to date on the latest case law, legislation developments, and legal news. These include alerts provided by the Law Library of Victoria, JADE, the High Court of Australia, TimeBase, the Victorian Government, and a variety of social media.

For more information or to RSVP please email

Monash University - Increased Regulation of Litigation Funding - a Timely Crackdown or a Regulatory 'solution' in Search of a Problem?

Both the Victorian Law Reform Commission and the Australian Law Reform Commission are currently enquiring into the issue of regulation of litigation funding in class actions. The keynote speakers and the panel members will discuss the pros and cons of such regulation and the issues to be considered with reference to both overseas and Australian experience. 

Date: Monday 9 April, 2018 
Time: 2.00pm - 5.00pm 
Venue: Court 8A, Federal Court of  Australia, Owen Dixon Commonwealth  Law Courts Building, 305 William St,  Melbourne 
RSVP: To register, please go to by Tuesday 20 March

Click here to download the event flyer.

2018 Competition Law Conference

Competition Law Conference 2018

This annual one-day Conference will be held in Sydney on Saturday 5 May 2018 at the Sheraton on the Park Hotel, Sydney.

The Hon. Justice Lindsay Foster will address the conference as the Keynote Speaker on the topic: "Concerted Practices; A Contravention without a definition"

Venue: Sheraton on the Park, Sydney
Date: Saturday 5 May 2018
Time: 9.15 am to 4.30 pm (registration opens at 8.45am)
CPD Strand: Substantive Law, Practice & Procedure
CPD Points: 5 (one point per hour excluding breaks)

For further details, and to download the full programme and registration form, please click here or email

7th LAWASIA Family Law & Children's Rights Conference

Date: 6-8 June 2018, Vientiane, Laos 
Venue: Crowne Plaza Vientiane 
Theme: ‘Family Law: Realities, Expectations and Hope’ 
Registration: Opening in February 

Keynote Speaker: The Honourable John Pascoe AC CVO 

The conference will focus on a range of cross border family law and children’ rights issues including: 

  • trafficking of the vulnerable;
  • surrogacy and ethical challenges;
  • impact of social media on family law;
  • support for families and children in distress;
  • effective negotiations and understanding the client, the lawyer and the child;
  • technology in family law practice;
  • International family law and Conventions;
  • the protection of vulnerable members of the family;
  • estrangement and alienation and future world – family law in the next decade.

Please visit the conference website to register and for more information on travel, accommodation and the conference program:   

Melbourne Law School Events - Public Law Conference

Date: 11-13 July 2018
Venue: Melbourne Law School

From 11 to 13 July 2018, Melbourne Law School will hold the third biennial Public Law Conference, co-organised by the University of Melbourne and the University of Cambridge. The theme of the 2018 conference is ‘The Frontiers of Public Law’. The Public Law series is the pre-eminent regular forum for the discussion of public law matters in the common law world. The first two conferences in the series were held at Cambridge in 2014 and 2016. The 2018 conference will feature approximately 80 speakers, including leading judges, practitioners and scholars from across the common law world, and bring together over 300 delegates to discuss the most important issues in public law today. Keynote speakers include Lord Mance (UKSC), Hon Mr Kenneth Hayne (formerly HCA), Justice Debbie Mortimer (FCA), Sir Jack Beatson (English Court of Appeal), Justice Grant Huscroft (Ontario Court of Appeal), Justice Matthew Palmer (NZ High Court), Prof Cheryl Saunders (Melbourne), Prof David Feldman (Cambridge), Prof Anne Davies (Oxford), Prof Carol Harlow (LSE), Prof Mark Aronson (UNSW), Prof Anne Twomey (Sydney), Prof Benedict Kingsbury (NYU), and Prof Megan Davis (UNSW).

For further information and to register please visit our website:

Melbourne Law School Events - Obligations IX Conference

Date: 17-20 July 2018
Venue: Melbourne Law School

From 17-20 July 2018, Melbourne Law School will host the 9th biennial Obligations Conference in conjunction with the Faculty of Law at the University of Oxford. The biennial Obligations Conferences bring together scholars and practitioners from throughout the common law world to discuss current issues in contract law, the law of torts, equity, and unjust enrichment. The Obligations Conference is the leading international forum for discussion of these subject areas. Approximately 90 presentations will be made over the three days of the conference, including keynote presentations by Professor Andrew Burrows (Oxford), the Hon Justice James Edelman (High Court of Australia), the Hon Justice Michelle Gordon (High Court of Australia), Professor Birke Häcker (Oxford), the Hon Justice Mark Leeming (NSW Court of Appeal), Professor Matthew Harding (Melbourne), and Professor Liam Murphy (NYU).

For further information and to register please visit our website:

Careers & Opportunities
Law Council of Australia - The Tom Yuncken Young Construction Lawyer Award 2018​​

In 2018, the Victorian Construction & Infrastructure Committee of the Law Council of Australia will again award the Tom Yuncken Young Construction Lawyer Award, which was established in 2008 in memory of Allens Arthur Robinson partner and construction lawyer Tom Yuncken.

While previously a Victorian award, this is now a national award and open to all eligible Australian young construction lawyers.

Please see the attached flyer for details regarding eligibility, award criteria, award procedures, and the nomination process.

Nominations close on 28 April 2018.

Deadline for the next issue:5pm, 15th March 2018