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In Brief Issue #864
11May
Exordium
It was a fine week for welcomes and farewells. Transcripts are available of my speeches on behalf of the Bar for the welcome of Justice Melinda Richards and the farewell to Justice Peter Vickery, and of Paul Holdenson QC’s outstanding speech at the farewell to Justice Mark Weinberg AO. All speeches are also able to be video-streamed from the Supreme Court website. If you weren’t there, don’t miss out on viewing Paul Holdenson’s remarkable tribute to Justice Weinberg, or Justice Weinberg’s response.
Congratulations to Mandy Fox QC on her appointment as a Judge of the County Court of Victoria. The profession will extend a Welcome in the County Court on Thursday 17 May at 9.15am.
Finally, we welcomed our 45 newest members last night, when the March 2018 readers signed the Bar Roll in the Supreme Court Library, in the presence of family, friends, mentors and members of Bar Council. The signing ceremony is always a joyous occasion, marking the end of the readers’ course and the start of the next phase in our readers’ careers. The traditional dinner followed for readers, mentors and teachers in the Essoign Club, with an hilarious speech by the Chief Judge of the Federal Circuit Court and Deputy Chief Justice of the Family Court, the Hon Justice Alstergren. I hope there were not too many sore heads this morning, particularly for those who may have had a brief on their first day as members of Counsel. My speech may be read here.
Achieving Gender Equality CPD
On Monday we held an important CPD event, with a panel comprising President Maxwell, Justice Quigley, Victorian Bar Senior Vice-President Wendy Harris QC, Jeremy Ruskin QC, Jacinta Forbes QC and Sally Flynn QC. The panel provided information about the National Model Gender Equitable Briefing Policy. As I have said many times in this message and elsewhere, equitable briefing is about recognising the full array of talent available at the Victorian Bar, in our case, by ensuring that our briefing recommendations to clients and solicitors reflect the full diversity of our membership. The video of the CPD will be published to our website in due course and I recommend it to all members who were unable to attend the event.
Equitable briefing extends, of course, not just to gender, but to other measures of diversity, such as ethnicity, belief, LGBTI status, disability and gender identity.
It is a source of pride that more members of the Victorian Bar have adopted the gender equitable briefing policy than barristers in the rest of Australian combined, by a considerable margin: a tangible expression of our national leadership on this important initiative (and a matter I never forget to mention when speaking to my interstate counterparts). I encourage all members who have not done so already to adopt the Policy by completing the form at the LCA website.
Launch of new policies on discrimination, sexual harassment and bullying
I will chair a panel discussion next Wednesday evening on the Bar’s new policies on discrimination, sexual harassment and bullying. The new policies are a powerful statement of the values of the Victorian Bar, and establish new reporting and grievance mechanisms. The occasion will also be an opportunity to report to members on the work we have done to date, and the more detailed work we will be undertaking in the very near future, to measure the prevalence of these behaviours and the contexts in which they occur. I look forward to seeing members next Wednesday at 5.15pm in the Neil McPhee room, level 1, Owen Dixon Chambers East.
Other goings on …
Victorian Bar CEO Sarah Fregon presented a powerful case for the Bar as a career for a Law Week profile in The Age. Meanwhile, I answered a series of impertinent questions on The Justinian’s very uncomfortable couch in order to promote the State of the Bar report.
There were also meetings during the week about health and wellbeing in the profession and, on Wednesday night, Law Week was launched in the Waldron Hall of the County Court. Look out for a range of Law Week events over coming days, including the Step up to the Bar event next Tuesday for aspiring future barristers, and a mock Bail Application at the County Court on Saturday 19 May organised by the Student Engagement Committee. More information is available here.
William Lye OAM appointed to SHIAC Panel of Arbitrators
Congratulations to William Lye OAM who has been appointed to the Foreign Arbitrators panel of the Shanghai International Arbitration Center. William is the only member of the Victorian Bar on the panel, and one of only 10 Australians selected.
Jennifer Batrouney QC elected to Victorian Legal Services Board
Congratulations, too, to past-President Jennifer Batrouney QC on her election as the advocate member of the Victorian Legal Services Board. Thanks, too, to all members who voted, and to the unsuccessful candidates for their willingness to serve the Bar and the broader profession.
Early-bird tickets are ON SALE NOW for the Hong Kong 2018 International Commercial Law Conference – see our website to register and for details on the program, accommodation and flights.
Register online for Bar Dinner
The most efficient way to organise your table for the Bar Dinner on 25 May is to click here to register online (please note that this event is for Victorian Bar members only). Using the online form, you can book your tickets as an individual guest, as a guest on an organised table, or as a table organiser.
PC renewals made between 1 May and 31 May will incur an $88 surcharge.
The LPLC requires payment of the professional indemnity insurance (PII) premium by 31 May 2018.
You should have received an email from the Legal Services Board (LSB) outlining details of the PC and PII renewal process. (Information is also provided on the Bar’s website).
Links for online lodgement are available through your member home page or you may go directly to LSB Online and LPLC website. Login to LSB Online and LPLC renewal using your Practitioner Number as the username (your Practitioner Number is published in the email sent to you by the LSB or you can contact the Bar Office for assistance). If you experience technical difficulties, please contact the LSB Online help desk by email online@lsbc.vic.gov.au in the first instance.
The LSB Online service deals with all PC administrative matters. There is no printed PC renewal form. Should you require assistance renewing your PC, the Victorian Bar Office can help you to access and use LSB Online, members who wish to attend the Bar office for assistance please do so between 9am - 3pm or contact Daphne Ioannidis on 9225 8326 to make an appointment.
The forms for LPLC Applicant Declaration (PII) are now available from the LPLC’s website or from the Victorian Bar Office on Level 5 205 William Street, however, practitioners are encouraged to renew online.
Optional Top Up insurance for barristers is available through Affinity Brokers. Inquiries to Affinity should be directed to Mary Spanos on (03)8587 7760 or mspanos@affinity.com.au.
Links to the application form and other relevant documents:
The Victorian Bar
The Lawyers' Mediation Certificate course will be held in June 2018.
Days: Friday to Sunday, 15, 16, 17, 22, 23 and 24 June 2018
Cost:
Vic Bar Members: $2,900 (inc $264 GST)
Non-Vic Bar Members: $3,300 (inc $300 GST)
A further discount of 10% is available to participants in the March 2018 or September 2017 Readers' Courses.
Registrations are limited to 18 participants.
Please contact education@vicbar.com.au for more details.
Download the Lawyers Mediation Certificate Registration flyer.
Speaker(s): Dr Peter Condliffe, Dr Elizabeth Brophy & Tony Neal QC
When: Friday, June 15, 2018 - 09:00 to Sunday, June 24, 2018 - 17:00
Where: Neil McPhee Room, Level 1 Owen Dixon Chambers East, 205 William Street, Melbourne VIC 3000
8 CPD point(s): Ethics & Professional Responsibility; Barristers Skills;
Traditional court dress and the role it has today is often the subject of debate. While some believe it promotes respect for the law, others argue it is anachronistic.
The Peter O'Callaghan QC Gallery displays portrait paintings of various barristers, past and present. These barristers are mostly depicted in wigs and robes.
Join us for a panel discussion on the history of court dress and its ongoing role today, surrounded by the work of some of Australia's most significant artists.
Panellists: The Honourable Betty King QC, Georgina Schoff QC, Stephen Jurica and Adam Bushby (Chair).
Click here for more information. Registrations can be made via rsvp@vicbar.com.au
Step up to the Bar
Step up to the Bar is an information night for lawyers who may be thinking of becoming a barrister. Click here for more information.
Facing the Law: Wigs & Robes Today
Traditional court dress and the role it has today is often the subject of debate. While some believe it promotes respect for the law, others argue it is anachronistic. Click here for more information.
Courts Open Day: Bailed out – The Role of the Barrister
Have you ever considered a career as a barrister, or just wondered what exactly barristers do? Click here for more information.
Win a trip to attend the Hong Kong 2018 International Commercial Law Conference www.hk2018iclc.com.
Prize Includes:
- economy return airfare;
- complimentary full conference registration; and
- the opportunity to participate in the Hong Kong 2018 ICLC as a panel member for one of the conference sessions.
To win, submit a 3-page written submission on one of the following topics:
- Is Privacy Dead? Use and Misuse of Sensitive Data
Is there a right to privacy, or even an entitlement to be forgotten?
Does or can the common law provide an answer to this question?
How can clients in litigation protect or obtain sensitive data from online platforms and from holders of such?
How safe is your client’s Ashley Madison profile?
And how safe are the details of your client’s bank account in Panama which were used to set up their Ashley Madison account?
- ‘Words Without Borders: Defamation and the Internet’
What constitutes publication on the internet?
Do special rules apply for Google, Wikipedia and Facebook, or is Webb v Bloch still good law?
The internet is now more often than not the new defamation battlefield rather than print and broadcast media.
How can convenors of online platforms or blogs, social media account holders or users and social media providers be held to account for content published online which they ultimately are able to control?
Key Dates:
- Submit application to hk2018iclc.com@vicbar.com.au before close of business on Friday 25 May 2018;
- Finalists shortlisted 7 June 2018;
- Speaking Competition on Thursday 14 June 2018.
Submissions must address the nominated topic and explain why the entrant should present on the topic, comprise of no more than 3 A4 pages in Times New Roman, size 12 font and 1.5 line spacing. Please submit in electronic form as a word document.
Finalists will be invited to compete at a function on Thursday 14June, 2018 attended by fellow barristers and young solicitor to be followed by a drinks function.
The competition is an excellent way for the junior commercial bar to promote itself amongst its solicitor peers.
* Competition is open to barristers who are members of CommBar and as at 1 January 2018, are less than 5 years call to the Victorian Bar, and less than 10 years since admission as a legal practitioner in an Australian state or territory.
Flu shots will be available for members in the Parents Room, Owen Dixon Chambers West on Monday 28 May 2018 from 7.30am – 1.00pm.
Bookings must be made online, and will be on a first in, first served basis.
Click here to book your time slot.
Click here to download the Medical Consent Form.
Courts Open Day - 2.30pm Saturday 19 May 2018 - Court 4.2 Melbourne County Court
On Saturday 19 May 2018 the Victorian Bar Student Engagement Committee will present a special performance designed to showcase the role of counsel, against the background of a bail application, from client advice through to appearing in court. The event is part of Law Week 2018 and is one of many events taking place on Courts Open Day. It’s a great opportunity for the public, and students in particular, to learn more about the Bar. Please spread the word to your networks and encourage any students you know to attend!
More information can be found at https://www.everyday-law.org.au/law-week/whats-on-in-law-week-2018.
We are pleased to advise that registration is now open for the next Junior Bar Conference for 1 June 2018 in the Neil McPhee Room. Remember, this year we are increasing the range and inviting barristers who have practiced for up to 10 years.
This years program includes:
Breakfast with Bar Council
Networking Lunch with Junior Silks
Three General Sessions on:
- Future Directions of the Victorian Bar presented by Dr Matthew Collins QC, President Victorian Bar
- The Rules of Statutory Interpretation
- Ethics & Professional Responsibility
Four Masterclass options to choose from:
- Courtroom Conduct & Advocacy
- Dealing with Expert Witnesses and Expert Evidence
- How to Become the Junior Barrister of Choice
- Hearsay Evidence
Click here to register.
Registration closes 24 May 2018.
Havana Cuba
There will be a family law conference held in Havana Cuba from 7th to 12th April 2019. The conference will take place at the Grand Hotel Kempinski, it will include papers from various barristers, solicitors and others who deal with family law. There will be time to see the city and partake in cultural activities”
Click here to download the conference flyer.
Arctic Conference
Following on from our successful conference in Antarctica in January 2017 there will be a further family Law conference in the Arctic in July 2020. There will be time on board the new ship, the Greg Mortimer, to hold a conference and also partake in the activities on and off the ship.”
Click here to download the conference flyer.
Bali Conference
The 9th annual Family Law conference in Bali is to be held from 8th to 11th June at the Oberoi Hotel. This conference will include a session on negotiation which may be of interest to those who do not practice in family law, and attendees at this conference will be from the Northern Territory, New South Wales and Victoria.
Click here to download the conference flyer.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
- Tax Implications from the Vesting of Trusts
- Information Session on the Bar's New Conduct Policies and Procedures
- Movie Review Seminar: Face to Face
- Expert Evidence Workshop
- Good Mental Health for Criminal Barristers
- The Full Court Decision In Sandini: Tax Implications For Family Law Disputes & Rollover Provisions
- First Hand Hearsay
- Guarantees: Overview and Current Issues in Enforcement
- Recent Corporate Insolvency Reforms: Safe Harbour And Ipso Facto Clauses
- Indigenous Incarceration Rates in Australia: Pathways to Reform
- What Is The Spirit Of Sport?
- Junior Bar Conference
- Leave to Appeal Under Section 148 of the VCAT Act
- Lawyers Mediation Certificate course
- Section 38 of the Evidence Act 2008 – Unfavourable witnesses
The Art and Collections Committee invites Bar members to the opening of a retrospective exhibition of art by Ian Friend at the Essoign Club.
Friend's show of prints and paintings dates from 1985 to 2017. Some recent works are for sale. Friend is represented by Gallerysmith in North Melbourne and Andrew Baker in Brisbane.
Ian Friend is an English born abstract artist who has lived in Australia since the mid 1980s. His works hang in the Tate Gallery, the National Galleries in Canberra and Melbourne and in many other public and private collections.
The exhibition opened on Friday 13 April will run for six weeks.
New dining room menu next week.
Be sure to come in and tempt your taste buds.
Art Exhibition at Level 11 Owen Dixon Chambers East (aka Studio 11). Barristers on Level 11 of ODC East invite you to come view solo art exhibition by Melbourne Artist, Claire Lefebvre, "Lush. Layer Light", featuring some 20 works, comprising a series of paintings and limited edition prints which use layering techniques and mark making such as dots and lines. The works explore human emotion and perception as well as the material potential of acrylic paint, ink and various gloss and matte mediums. The paintings allude to architectural and biological forms, with surfaces which invite touch.
The exhibition runs from 16 April - 29 June. The works are for sale with no commission payable. Worksheets are found on level 11 East. Come up, have a break and just admire the work which is there to be enjoyed and shared.
"Studio 11" as it is colloquially referred to hosts art exhibitions on a term by term, voluntary basis. The aim is to allow all members of the Victorian Bar, colleagues, clients, staff, family and friends to easily access, enjoy and celebrate various original art by local artists in the work environment.
Join BottledSnail for FAMOUS CASES IN SONG as part of Law Week 2018! Reserve your seats now at: https://events.ticketbooth.com.au/event/famouscases
BottledSnail Productions presents Famous Cases in Song, a humorous retelling of the stories behind well known cases Donoghue v Stevenson and Carlill v Carbolic Smoke Ball Co in song. Judges and members of the Victorian legal profession come together to bring you this unique and engaging musical production as part of Law Week 2018. Famous Cases in Song is set to the tunes of Gilbert and Sullivan and was written by New Zealand Law Lecturer, Stephen Todd.
TICKETS ARE LIMITED
17 and 18 May 2018: 6:00 pm - 7:00 pm
19 May 2018: 3:30 pm - 4:30 pm
Law Library of Victoria, 210 William Street, Melbourne
Tickets: $30 (adult) / $23 (concession)
More Information: www.bottledsnail.com/famous-cases-in-song
CAST
- Rachel Ellyard
- Leon Fluxman
- Jonathan Hirst
- Associate Justice Mary-Jane Ierodiaconou
- Judge Samantha Marks
- Jemima Sim
- Judge Judy Small
- Carolyn Wait
- Judge Josh Wilson
- Senior Member Silvana Wilson
- Judge Ted Woodward
- Ian Woolford
CREATIVE/PRODUCTION TEAM
- Musical Director/Director: Kylie Weston-Scheuber
- Producer: Eliza Trembath
- Pianist: Genevieve Trinh
Law Week 2018 is presented by the Victoria Law Foundation.
BottledSnail Productions is a not-for-profit production company run by, and for, Melbourne's legal community. Our aim is to carve out a space for creativity, community, and fun in the busy lives of Melbourne's legal professionals and help to promote positive mental health in the industry. For further information about our company or to express your interest in being involved, please visit www.bottledsnail.com.
Check out this year’s HRAFF program featuring a stellar line up of films, art, talks and performances. Visit www.hraff.org.au for more info and tickets.
See the stories that matter.
On Thursday 17 May BottledSnail Productions has a special Law Week edition of their Lyrical Lunchtimes series, featuring a range of excellent instrumental performances. 1.15pm in the Law Library - no tickets required. There will also be a special guest performance by Canterbury Law Lecturer Stephen Todd, writer of Famous Cases, who will be performing one of his creations as a “teaser” for BottledSnail’s production of Famous Cases, which opens on Thursday night.
The Monash University Law Students’ Society (LSS) warmly invites you to take part in its upcoming 2018 Juris Doctor (JD) Moot Competition.
The Moot requires participants to advocate on behalf of a client through written and oral submissions. Each moot involves two opposing teams (comprising of two to three students each) who act as barristers (or an additional solicitor in the instance of a team of three) for their respective client. Each team is provided with a mock appeal scenario that requires the teams to address legal issues before a judge. It is the competitors’ responsibility to try to persuade the court as to the legitimacy of their legal arguments. Teams are assessed on how sound their legal arguments (both written and oral) are, the level of their advocacy skills, and their professional manner.
We are currently requesting judges for the following sessions:
Preliminary Rounds:
Monday 14 May 2018 for the 2:30pm and 6:00pm fixtures;
Thursday 17 May 2018 for the 11:30am and 2:30pm fixtures; and
Semi-final Round:
Monday 21 May 2018 for the 6:00pm fixture
We are also looking for guest speakers for a pre-competition ‘How to: Moot’ workshop for LSS members. This will take place: Monday 30 April 2018 at 6:00pm
The preliminary and semi-final rounds will take place at the Monash University Law Chambers at 555 Lonsdale St, Melbourne.
We invite you to please follow this link to record your preference as to which dates you would be interested to judge this competition. We encourage judges to participate in multiple sessions.
If you are unable to participate as a judge or guest speaker for the JD Moot, the LSS Competition Portfolios will be hosting other competitions throughout the year. You can find further details of each by visiting the LSS (JD) Competitions webpage and the LSS (LLB) Competitions webpage.
Should you require any further information, please contact Chad Drever, JD Competitions Director, on 0401 039 351 or at jd.competitions@monashlss.com.
Bail in Victoria is changing on 21 May – the biggest changes in 40 years to the Bail Act 1977.
The College has published a range of materials on the changes, including:
- A new bail decision making flowchart
- Annotated legislative materials that highlight the new provisions of the Act
- DJR’s overview table of the legislative changes
- Plain language versions of the lists of Schedule 1 and Schedule 2 offences
- Collected bail conditions
- A list of risk indicators in family violence cases.
Monday 14 May, 1.15pm-1.40pm
The Law Library of Victoria invites you to attend our Switch On… information sessions. These twenty-five minute sessions, held in the Supreme Court Library, are suited to judicial officers, court staff, legal professionals, law students, and anyone with an interest in law.
This session, presented as part of Law Week 2018, provides guidance for locating unreported judgments of the Victorian Supreme Court, County Court, Magistrates’’ Court and VCAT. You will find out which online free and subscription websites hold judgments and what to do when you cannot find what you are looking for.
All are welcome and entry is free. To register please email library events@supcourt.vic.gov.au
Date: Tuesday, 15 May 2018
Time: 6:30 - 7:30pm
Venue: Maddocks, Level 25, 727 Collins Street, Melbourne, Victoria
There has been growing international interest in Lesbian, Gay, Bisexual and Transgender (LGBT) experiences in criminal justice systems. In Victoria, however, there is little information about the mental health issues, physical risks, prejudices and obstacles LGBT people might face in courts and prisons.
This event will explore the international human rights frameworks that are at stake, current scholarship on the issue, and advances made in Victoria and comparable jurisdictions.
Click here to download the event flyer.
The Panel
Join the new Legal Services Commissioner and a panel of lawyers drawn from small to medium private, government and in-house practice as they discuss and debate the challenges to the sustainability of legal practice in the 21st Century.
Expert Panellists
Fiona McLeay, Victorian Legal Services Commissioner
Peter Moran, Principal, Peer Legal
Adrian Shavitsky, Director,Commercial Law, Department of Economic Development, Jobs, Transport & Resources
Tarryn Billings, Senior Corporate Solicitor, Royal Automobile Club of Victoria
DATE: Tuesday 15 May, 2018
TIME: 7.45am – 8.45am (7.15am light breakfast served)
VENUE: Monash Law Chambers, 555 Lonsdale Street, Melbourne
RSVP: Wednesday 9 May Click HERE
Click here for more information and to register for this event.
Topic: Decoding Privacy Protection in Australia: Future Directions and Challenges
Speakers: Professor David Watts (former Victorian Privacy Commissioner) and Dr Bridget Bainbridge (privacy by design expert)
Location: La Trobe University, City Campus, 360 Collins Street, Level 2, Room 2.15, Melbourne, VIC 3000
Date & time: Wed. 16 May 2018, 12:30 pm – 2:00 pm AEST
Registration and further information: https://www.eventbrite.com.au/e/decoding-privacy-protection-in-australia-future-directions-and-challenges-tickets-44578171511
What is parole and its purpose?
Wednesday, 16 May 2018
4.30pm – 5.30pm followed by refreshments
Deakin University, Geelong Waterfront Campus, 1 Gheringhap Street
What is the parole process, and what myths surround parole? Hear from His Honour Peter Couzens, Chairperson of the Adult Parole Board, as he visits Geelong to speak with the local community about parole and the Board during Law Week.
His Honour Peter Couzens will explain the parole process and challenge some of the myths around parole and the Board.
This session is open to anyone who wants to learn more about parole. At its conclusion, Deakin Law School has organised refreshments so that the audience has the opportunity to speak with His Honour Peter Couzens and senior Board staff.
This is a free information session, however registration is essential.
The Stated Purposes Canon
Friday, 18 May 2018
12.15pm (light lunch) with the seminar commencing at 1.00pm
Deakin Downtown, Collins Square, 727 Collins Street, Melbourne
Deakin Law School, in conjunction with the Statutes and Governance Project* invites you to a seminar on The Stated Purposes Canon with Professor Kevin Stack, the Lee S. and Charles A. Speir Chair in Law at the Vanderbilt University Law School in the United States.
The purpose of this seminar is to defend the stated purposes canon—and seeks to prompt a conversation on its role in both statutory interpretation and the role of enacted purposes in statutory design.
*The Statutes and Governance Project is a collaborative research project involving public law and legislation scholars from the Deakin Law School, the Monash University Faculty of Law and the Gilbert + Tobin Centre of Public Law at the University of New South Wales.
This is a free seminar however, registration is essential. See the Deakin Law School newsroom to register
Topic: Child abuse litigation – a legal revolution
Speaker: Alan Collins
Location: La Trobe University, Bundoora Campus, Social Sciences building, level 2, room SS232 (Moot Court)
Date & time: Friday 18 May 2018, 12noon – 1pm
Registration and further details: https://www.eventbrite.com/e/child-abuse-litigation-a-legal-revolution-tickets-45191523062
What will 2050's court system look like? Will technological advances merely create the need for new laws or do they present a threat to the rule of law? Does the legal profession still have a future? And if so, what is it? How do "lawyerbots" actually work? And do videolink hearings represent the future of the court system or a breakdown of the division between court and prison?
These are just a few of the questions to be raised at “Forces of Change: Defining Future Justice”, the Australasian Institute of Judicial Administration’s next conference, 24 - 26 May at Brisbane’s Stamford Plaza Hotel.
The conference aims to conceptualise and visualise the shape of future justice and hold an in-depth conversation on the fundamental principles that underpin our concept of justice but may be challenged in a period of significant change and disruption.
The line-up of speakers contributing is an eclectic mix of judges, academics and tech-experts. It includes the Chief Justice of New Zealand, Dame Sian Elias, the High Court's Justice Michelle Gordon, Justice Helen Winkelmann from NZ’s Court of Appeal and Chief Judge Peter Kidd of the County Court. Other speakers will include Mr Murray Bruce, formerly with IBM’s AI platform "Watson", CSIRO IP expert Mr Rajiv Cabraal, lawyerbot inventors Mr Athol Birtley and Mr Adrian Cartland, and “blockchain” expert Dr Philippa Ryan, from the University of Technology, Sydney
Beginning with a keynote talk on "the world in the year 2050", the conference will feature an opening address on the experience of the use of technology in the legal system in England and Wales, by the Right Hon Lord Thomas of Cwmgiedd, the former Lord Chief Justice of England and Wales. This will be followed by a panel discussion chaired by Radio National’s The Law Report presenter Damien Carrick.
Subsequent sessions include: a hands-on introduction to lawyerbots and AI; a look at the new laws that will be required by new technologies; and a survey of the future mental health needs of judicial officers and court staff. To close, a session on "management of change" will challenge participants to identify their own views. Are you an "early adopter"? Or a "maintain the rager"? Come along and join the conversation.
See the program and register at http://www.futurejustice2018.com/
Australia has been a global leader in the development and uptake of Alternative Dispute Resolution. But are we making the most of mediation, arbitration and other dispute resolution processes? What are the Victorian, national and international opportunities for innovation and growth?
Keynote Speaker: The Hon. Robert French AC, Patron of the Australian Disputes Centre
Date: Thursday, 24 May 2018
Time: 3.30pm for 4.00 – 7.00pm, followed by Networking Reception
Venue: La Trobe University, City Campus, Level 20, 360 Collins Street, Melbourne
Price: General $120.00, Young Lawyers $30.00, Students free.
CPD: Eligible
RSVP: Click HERE or call 02 9239 0700
UNCCA will hold its fourth annual May Seminar in Canberra on 25 May 2018 (commencing with a pre-conference cocktail reception on 24 May). The conference will address current developments in international contract law and electronic commerce, and dispute resolution including both private and state entities.
UNCITRAL is the core legal body of the United Nations system in the field of international trade law. UNCITRAL’s business is the modernisation and harmonisation of rules on international business. UNCCA is an organisation comprised of members of the Australian legal community, dedicated to promoting the work of UNCITRAL in Australia.
Click here for the conference program and to purchase tickets.
Date: Tuesday 29 May, 2018
Time: 6:00 pm - 7.00pm
Venue: Level 10 Boardroom accessed via Level 9 stairs
In awarding compensation for breach of contract, the law pays regard to the injured party’s involvement in events resulting in its loss. Familiar principles include intervening causation, mitigation (particularly, the avoidable loss rule) and contributory negligence. The second of these tends to feature more prominently in the law of contract than the first. But some judges and commentators say that the avoidable loss rule is merely an aspect of intervening causation.
Click here for more information and to register.
The age of technology and cyberspace has given rise to fascinating legal issues including in relation to privacy, big data, artificial intelligence and blockchain. Regulators are attempting to understand and keep up. This expert panel will consider some of the evolving issues that confront lawyers.
Date: Wednesday, 6 June 2018
Time: 5.15pm – 6.15pm
Venue: Court 8A, Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne
RSVP: Monday 4 June 2018, online at http://www.monash.edu/law/research/centres/clars
Click here to download the event flyer.
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
Fast track your way to a career in international commercial arbitration. Registrations are now open for the 2018 CIArb Accelerated Route Towards Fellowship (ARF) course which will be held from 23 - 24 June 2018 at the Melbourne Commercial Arbitration and Mediation Centre. Delivered by the Chartered Institute of Arbitrators (CIArb) this course is intended for suitably qualified candidates who are practising lawyers with at least 10 years’ standing and who have experience in arbitration. The Course syllabus is based on international arbitration law and it is essential that candidates have at least a reasonable working knowledge of the UNCITRAL Model Law and UNCITRAL Arbitration Rules. CIArb accreditation carries a global qualification in the growing practice of international arbitration. Places are limited. For further details and to register please click here.
Date: 11-13 July 2018
Venue: Melbourne Law School
From 11 - 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
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: http://law.unimelb.edu.au/obligations9
The Victorian Government seeks expressions of interest in the position of Crown Counsel, initially for 12 months, with the possibility of extension.
Crown Counsel is a full time, public office created under the prerogative power of the Crown. Appointment as Crown Counsel is made by the Governor in Council.
A Victorian Crown Counsel provides legal advice to, and appears as counsel for, the (Victorian) Attorney-General and the Executive Government of Victoria. This may extend to:
- providing high-level legal advice to the Secretary, Department of Justice and Regulation and, by arrangement with the Attorney-General, the Premier, other Ministers, and other departments and agencies;
- appearing as counsel for the Secretary, Department of Justice and Regulation and, by arrangement with the Attorney-General, for the Premier, other Ministers, other departments and agencies, in courts, tribunals and inquiries,
- conducting reviews and investigations at the direction of the Attorney-General; and
- performing other related duties, as required by the Attorney-General.
Substantial experience as a senior member of the Australian legal profession, including advocacy in superior courts, is essential. Demonstrated expertise in legal practice in Victoria would be useful. Candidates must be aware of the need, and demonstrate capacity, to manage effectively any conflicts of interest that arise during their term in office.
Remuneration for the role may be subject to negotiation, but is typically equivalent to that for Victorian Public Service Executive Officers (band 2).
Expressions of interest, consisting of a brief covering letter and Curriculum Vitae (CV), should be submitted by 31 May 2018, either via email to: civillaw@justice.vic.gov.au or via post, to:
Mr Donald Speagle
Deputy Secretary, Civil Justice Department of Justice and Regulation 121 Exhibition Street
MELBOURNE VIC 3000
For further information, please ring Donald Speagle, Deputy Secretary, Civil Justice, Department of Justice and Regulation: (03) 8684 7825.
Baxt Prize
The Baxt Prize honours the contribution of Professor Robert (‘Bob’) Baxt AO to business law in Australia. The 2018 Baxt Prize will be awarded for a research paper of outstanding quality dealing with any aspect of penalties in corporate and commercial regulation. The value of the Baxt Prize is $7500.00.
Click here to view the prize flyer.
Click here to download the application form.
Scholarship entries close at 5pm, 30 August 2018 AEST.
Forsyth Pose Scholarship
The Forsyth/Pose Scholarship is offered by the Business Law Section of the Law Council of Australia (BLS) for papers on a topic in the field of taxation law. It was offered for the first time in 2013 to commemorate leading taxation law practitioners Neil Forsyth QC and Kevin Pose. Both were
long-standing members of the BLS specialist Taxation Committee.
Click here to view the scholarship flyer.
Click here to download the application form.
Scholarship entries close at 5pm, 30 August 2018 AEST.
Gaire Blunt Scholarship
The Gaire Blunt Scholarship is offered by the Business Law Section of the Law Council of Australia (BLS) for papers on a topic in the field of competition law. First awarded in 2008, it commemorates Gaire Blunt, a leading competition law practitioner and a partner at Allen Allen & Hemsley (now Allens) from 1970 to 2005.
Click here to view the scholarship flyer.
Click here to download the application form.
Scholarship entries close at 5pm, 30 August 2018 AEST.
Santow Scholarship
The Santow Scholarship is offered by the Business Law Section of the Law Council of Australia (BLS) for papers on a topic in the field of corporations law. Offered for the first time in 2014, it commemorates the Hon Kim Santow AO, a former Justice of the Supreme Court of New South Wales and prior to that a leading corporations law practitioner at Freehills.
Click here to view the scholarship flyer.
Click here to download the application form.
Scholarship entries close at 5pm, 30 August 2018 AEST.
The Australian Academy of Law is pleased to announce the offering of its Annual Essay Prize for 2018.
The Prize is open to anyone, wherever resident, who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law based occupation. There is no limit by reference to the age or seniority or experience of, or position held by, a person who may submit an entry. Accordingly, judicial officers, legal practitioners, legal academics and law students are all eligible to submit an essay.
The amount of the Prize is $10,000.
The essay topic for the Prize in 2018 is as follows:
“Rights and freedoms under the Australian Constitution: what are they and do they meet the needs of contemporary Australian society?”
The deadline for the submission of an essay is 31 August 2018 and persons intending to submit an essay must notify the Academy of that intention in writing via the Academy’s website to be received by 30 June 2018. Both of these time limits are strictly observed, as the Rules Governing the Annual Essay Prize make clear.
Those Rules can be accessed on the Academy’s website: www.academyoflaw.org.au
Refer to the Academy’s website also for further information about notification of intention to enter and about the actual submission of an entry.
Registrations are now open for our June 6 day National Mediator Accreditation program scheduled in Melbourne. The program gives participants the opportunity to learn Conflict Transformation skills and receive their mediator training assessment as required by the National Mediator Accreditation System and upon successful assessment apply to become a Nationally Accredited Mediator.
Click on the below link for more information and to register.
National Mediator Accreditation Course
June 22 to 27 Melbourne
Visit our website www.cynglerconsulting.com for more information or join our mailing list to keep informed on courses that are coming up.
Deadline for the next issue:5pm, 17th May 2018