In Brief Issue #855

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.

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 -  jmforbes@vicbar.com.au / 9225 8905

Expressions of Interest can be submitted here.

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. 

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.

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.

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. 

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! 

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

Venue 
Level 11, Owen Dixon Chambers East 

To join 
Please contact Alannah Jones at the Bar Office on 9225 7059 or alannah.jones@vicbar.com.au  

All welcome.

 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: 
https://www.trybooking.com/book/event?eid=354640&

Click here to download the event flyer.

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: https://www.bloomsbury.com/au/the-duty-of-care-in-negligence-9781509914845/. Enter coupon code DUTY18 at the checkout for your special 20% discount offer on this book.

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 www.essoignevents.com.au   

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.  

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 themelbournerenegades@gmail.com   

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

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

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

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. 

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.

Click here to download the event invitation. 

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.   

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 civil.counter@countycourt.vic.gov.au 

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: 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 
Email: lindyaj@unimelb.edu.au 
Tel: +61 3 8344 7437/0425 788 581

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

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 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 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. 

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 whitten@chancery.com.au or info@mtecc.com.au.

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.  

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. 
http://www.sabar.co.za/advocacy-training/IATC-Conference2018.html 

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 libraryevents@supcourt.vic.gov.au

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 litigationaprilseminar.eventbrite.com.au by Tuesday 20 March

Click here to download the event flyer.

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.

Date: 6-8 June 2018, Vientiane, Laos 
Venue: Crowne Plaza Vientiane 
Website: http://www.lawasia.asn.au/familylaw2018.html  
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: http://www.lawasia.asn.au/familylaw2018.html   

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: http://law.unimelb.edu.au/public-law-conference