In Brief Issue #880

31Aug

Bar Council Tenure Review

Thank you to all members who took the time to participate in our recent survey on whether, in the interests of good governance, there is a need to reform clause 42 of the Victorian Bar’s Constitution, by reason of which there is an annual election for members of Bar Council, with members serving one-year terms.  There were 287 responses (about 14% of practising members). The results of the survey are set out below.

Question 1  - 287 Responses
 

 

Question 2 – 179 responses (those who answered ‘yes’ to Q1)

 

 

Question 3 – 24 responses (those who answered ‘no’ to Q2)
 

 

Members who answered “no” to question 1 were given the opportunity to provide comments. 49 members took the time to set out their concerns. The main concerns expressed by those opposed to the proposed change were:

  • two years is too onerous, particularly for the executive;
  • two years may deter members from nominating for election;
  • two years is a power grab;
  • annual elections allow more accountability;
  • annual elections allow the Bar to get rid more quickly of underperforming Bar Councillors or Bar Councillors pursuing particular agenda; and
  • annual elections allow more opportunity for members to participate.

A significant number of those who favoured retaining an annual election supported the pro tem President seeking re-election for a second term if he or she wishes to do so.

The matter will be further considered by Bar Council at its next meeting on 13 September.  In the meantime, I encourage members to talk to Bar Councillors about the issue.  The Discussion Paper is still available to members, as is the video recording of our recent “Town Hall” meeting on the subject (apologies for the poor quality audio).


Family Law Courts Reform

Shortly before the extraordinary events that unfolded in Canberra late last week, the Commonwealth Government introduced a Bill to the House of Representatives that proposes, in substance, merging the Family Court of Australia and the Federal Circuit Court of Australia into a single Court, with appeals from the new court to lie to a new Family Law Division of the Full Court of the Federal Court of Australia.

Information about the government’s rationale for the proposed changes can be found on the Attorney-General’s website. As members will be aware, the proposed reforms were foreshadowed in March and given rise to a great deal of debate within the profession and the broader community. 

As the matter concerns a proposed reform to federal legislation, the Victorian Bar has observed the usual protocol that principal responsibility for responding falls to the two national bodies that represent the legal profession, the Law Council of Australia and the Australian Bar Association. 

The Victorian Bar is a constituent body of each of the LCA and the ABA. We have been active in engaging with both organisations in relation to their respective responses to the proposed reforms, consistent with the Bar’s objective of being a strong, independent, authoritative voice by working collaboratively to safeguard the rule of law. 

The government has called for submissions in relation to the Bill by 28 September. 

The Law Council of Australia’s most recent media release in relation to the proposed reforms can be read here. It said that the LCA ‘held significant concerns about the proposal to merge the courts, and a three-week deadline to scrutinise the bills would short-change a court system already at breaking point.’

The Australian Bar Association’s most recent media release can be read here. It said that ‘measures of this importance should be the subject of careful consideration by Parliament with the benefit of public input from the broader Australian community including the legal profession and representative bodies.’ 

The Victorian Bar will continue to work collaboratively with both the LCA and the ABA in relation to this issue. 


New Court of Appeal Notice to the Profession

On Monday, the Court of Appeal published a notice to the profession which encourages the active participation of junior counsel in cases where two counsel are briefed for a party. The notice states:

“The Court recognizes that junior counsel will typically have made a substantial contribution to the preparation of the case, and will best develop as advocates by being given opportunities to present argument.

Senior Counsel should feel no inhibition in dividing the appeal submissions between themselves and junior counsel or in asking junior counsel to make submissions in reply.” 

I commend the Court on the issue of this notice. As we all know, the best way to develop as an advocate is to be on your feet as often as possible. Junior counsel should relish the opportunity to get on their feet in the State’s highest court, while being led, and therefore able to capitalise on the mentorship and experience of their leader. I encourage senior counsel to draw the notice to the attention of instructing solicitors and clients, in support of their recommendations as to the division of labour at the bar table when appearing in the Court of Appeal.


New Readers

Yesterday, the September 2018 readers’ course commenced. The latest cohort comprises 43 local readers—22 men and 21 women, with dates of admission to practice ranging from 1998 to last month.

We also welcomed to the Victorian Bar yesterday two overseas readers, as part of our long-standing commitment to excellence in advocacy not just at home, but in our region. Our two overseas readers are Ranitha Gnanarajah, a senior human rights lawyer from Colombo, Sri Lanka, who has experience in litigating cases involving war crimes, disappearances, mass graves and sexual violence; and Freda Kitum, who joins us from Papua New Guinea. Thanks go to the International Commission of Jurists for sponsoring Ranitha’s time with us.

Thanks, in advance, to the 140-odd members of the Bench and Bar who will be involved in training our latest advocates over the next 9 weeks or so, and to all of the mentors who have generously agreed to take on a reader for the next nine months and, of course, beyond.

Please make all of our new readers, local and overseas, welcome as you see them around chambers.


Call for Expressions of Interest – the Law Aid Trust – closes Thursday 6 September, 4pm

 I would like to draw members’ attention to the call for Expressions of Interest advertised below, with a very tight deadline, for a position as one of the Bar’s nominated trustees to the Law Aid Trust, a charitable trust managed by the Victorian Bar and the Law Institute of Victoria to support the funding of disbursements in civil litigation matters undertaken by law firms on a pro bono and “no-win, no-fee” basis.

The position is to fill the vacancy created by Róisín Annesley QC, who has indicated that she will not seek to renominate upon the expiry of her current term, which finishes today.  I thank Róisín for her significant and valuable contribution to Law Aid over the past six years.

The closing date for Expressions of Interest is Thursday 6 September at 4pm. 


Congratulations to Fiona McLeod SC

Congratulations to Fiona McLeod SC for winning “Lawyer of the Year” at the AGS Australian Women Lawyers Awards presented at the 7th National Conference of the Australian Women Lawyers Association, held in Sydney last weekend. 

The award is richly deserved—a fitting recognition of Fiona’s outstanding contribution to the legal profession and unwavering commitment to the rule of law and the administration of justice generally. 
 


Welcomes and Farewells

Yesterday the profession welcomed Judge Martine Marich to the County Court.  Sam Hay’s speech on behalf of the Bar can be read here.  This morning Magistrate Olivia Trumble was welcomed in the Magistrates’ Court. Simon Marks QC’s speech on behalf of the Bar may be read here.  I thank Sam and Simon for representing the Bar for these events. 

There will be a ceremonial welcome for David Andrew Sexton as a Judge of the County Court of Victoria on Friday 7 September 2018 at 9:15 am.

Details of ceremonial welcomes for new magistrates Michael McNamaraJacinta StudhamJade BottRussell Kelly and Michelle Mykytowycz will be advised when they become available.

The Profession will extend a Farewell to Justice North at a ceremonial sitting of the Full Court in Court 1 of the Federal Court of Australia on Level 8 of the Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on Friday 7 September 2018 at 9.30 am.

Vicbar News & Events
Final weeks to register - HK 2018 ICLC

Register for the Hong Kong 2018 International Commercial Law Conference – see our website to register and for details on the program, accommodation and flights. 
 


Keynote speakers

The keynote speakers will be:

  • The Honourable Teresa Cheng GBS SC JP, Secretary for Justice, Hong Kong Special Administrative Region
  • The Hon Justice John Middleton of the Federal Court of Australia
  • The Hon Justice Jeremy Poon of the Court of Appeal of the High Court of Hong Kong
  • The Hon Justice William Alstergren, Chief Judge of the Federal Circuit Court of Australia and Deputy Chief Justice of the Family Court of Australia.
  • The Honourable Justice Riordan, Principal Judge, Supreme Court of Victoria

Click here to view the full list of conference speakers. 
 

Conference Program

This year's ICLC conference program includes the following sessions:

21 September, 2018
Session 1:  The Rise of the International Commercial Court
Session 2:  After the Apocalypse: Re-regulation of the Banking and Financial Services Industries
Session 3:  Arbitration on the One Belt, One Road: Enforcement of foreign arbitral awards in China
Session 4:  International Arbitration in a Tri-Polar World
22, September, 2018
Breakfast:  The Big Bite: A Tech-Breakfast
Session 5:  Words Without Borders: Defamation and the Internet
Session 6:  Modern Case-Management of Commercial Disputes
Session 7:  Is Privacy Dead? Use and Misuse of Sensitive Data
Session 8:  The Bottom Line: The Value to Clients and Tribunals of the Independent Bar

Click here to view the full conference program and details.


Gala Dinner

The Gala Dinner will be held at the exclusive, members-only China Club: opened by the late entrepreneur, Sir David Tang, the opulent club is located at the top of the Old Bank of China building and is home to a unique collection of contemporary Chinese art, incredible Cantonese food, and unparalleled views of Hong Kong.


HK2018 ICLC Sponsors

         

Platinum Sponsor


 
Gold Sponsors
  

Bronze Sponsor

 

‘The Changing Face of the Bar’; Photographic Exhibition of Barristers Opening

Date: Thursday 6 September 2018, 5:15pm - 7pm
Venue: Peter O'Callaghan QC Gallery
 


Peter O’Callaghan QC Gallery Ltd, The Victorian Bar, Barristers’ Chambers Limited and The Art and Collections Committee invite you to the opening of ‘The Changing Face of the Bar’; a black and white photography exhibition of barristers. 

The exhibition highlights the changes within the bar over its 135 plus year history documenting our membership at three specific points in time namely: the 1930’s, the 1980’s and today. In particular, the exhibition includes over 700 portraits of our current bar community as captured by photographer Garth Oriander in 2018.

‘The Changing Face of the Bar’ showcases the diversity at the bar celebrating personalities, age, gender and cultural backgrounds. The exhibition will be opened by Bill Henson and will run from 6 September to 7 December 2018.

 

Victorian Bar News – call for contributions

Victorian Bar News is a twice yearly magazine published by the Victorian Bar for its members. The Editors of Bar News are now calling for contributions for the December Issue. We are happy to receive draft content in written form, but general expressions of interest are also welcome.

Topics of particular interest include:

  • Who we are -  if you have climbed Everest (or a much smaller mountain), make great wine, cook good food, play a little known sport, have an obscure interest or hobby, are a polymath who has changed careers, or you are a Renaissance man or woman, we want to hear from you.
  • Market disruption - The Bar is not immune from market forces. Stories about what is causing change within our practices, positive and negative, are important to us.
  • Barristers who blog - If you blog for personal or professional reasons, let us know who you are, and the name of your blog or website.

Now is also the time to become involved in Bar News for members with a background in editing, journalism, photography, illustration and/or a passion for story-telling.  To meet us and learn more, please join us for drinks on Thursday 30 August 2018 in the Richard Griffith Library (Level 1, ODE) between 5 pm and 6 pm. 

In the meantime, please contact the Editors, Natalie Hickey, Justin Wheelahan and Annette Charak at vbneditors@vicbar.com.au or via their personal contact details.

Call for Expressions of Interest – the Law Aid Trust – closes Thursday 6 September, 4pm.

The Victorian Bar has been invited to nominate a trustee to the Law Aid Trust, a charitable trust managed by the Law Institute of Victoria and the Victorian Bar to support the funding of civil disbursements in civil litigation matters undertaken by law firms on a pro bono and “no-win, no-fee” basis.

The Bar is calling for Expressions of Interest from members who may wish to contribute as one of the Bar’s nominated Trustees. The appointment will be for a term of two years, commencing with effect from 1 September 2018.

A position description for the role may be viewed here

The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.

Your Expression of Interest should identify any relevant areas of experience or expertise, including:

  • experience or expertise in the matter/claim types referred to in the Position Description;
  • previous contribution to or involvement with the Trust;
  • contribution as a trustee or in a similar capacity with other bodies.

Please direct any enquiries or Expressions of Interest to Liz Ingham at the Victorian Bar office: elizabeth.ingham@vicbar.com.au, ph 9225 6947. 

The closing date for Expressions of Interest is Thursday 6 September2018 at 4pm.

Women Barristers Association - Share the Dignity’s Dignity Drive

This August, WBA is supporting Share the Dignity’s Dignity Drive. Share the Dignity provides sanitary products to homeless women and women in need who might otherwise not be able to afford them.

On any given night in Australia, 1 in 200 people are homeless. 44% are female. 27% are children under the age of 18. Family violence is the number one reason people present to homeless services. 55% of females cite this reason. 

When you donate sanitary products to Share The Dignity, you’re donating much more than pads and tampons. You’re giving a woman experiencing homelessness or financial crisis the essentials, so she doesn’t need to choose between food and dignity.

If you would like to contribute, you can drop off pads and tampons to Kylie Weston-Scheuber (1521 Owen Dixon West) or Natalie Blok (1108 Castan Chambers) - or get them delivered via your clerk.

Or perhaps you’d like to provide a more permanent and sustainable solution to the problem? The company JuJu has partnered with Share the Dignity for moon cups and cloth pads. All purchases of these via (https://www.juju.com.au/share-the-dignity-juju-cup-donation/) will then be sent to Share the Dignity for distribution.  They are currently $33 each moon cup. 

You can also donate online at:  https://www.sharethedignity.com.au/donate-now/

Victorian Bar Member CPD Events

Upcoming CPD events:

You must be a member of the Victorian Bar and logged into the VicBar website to view the following events. 

Vicbar Life
The Essoign Members August wine offer

Don’t miss out on these exquisite boutique wines on offer now!

These prices will not be repeated.

Download the order form or email antoniof@vicbar.com.au

Cheers from the Essoign team.

Melbourne University Law Revue 2018

Date: 30 August - 8 September 2018
Venue: The Guild Theatre, Parkville

The Tristan Jepson Memorial Foundation would like to invite you to the Melbourne University Law Revue 2018.

The Law Revue is an annual sketch comedy show written, performed, directed and produced by students that has been entertaining crowds for over 60 years.

This year, the show is proudly supported by the UoM Theatre Board, the Melbourne University Law Students Society, the Vizard Foundation and Norton Rose Fulbright.

Proceeds from this year’s show will go towards supporting the Tristan Jepson Memorial Foundation, working to advance mental health within the legal profession. We’d love to encourage you, your friends and co-workers to come along and see the show, have a laugh and support a worthy cause.

The show will be held at 7:30pm from 30 August to 8 September at the Guild Theatre in Parkville.

Adult Tickets are $25. Book now at https://chook.as/law-revue/2018

We hope to see you there!

Keep Kids Out: Preventing Detention of Refugee & Migrant Children in Australia

Date: Tuesday 4th September 2018, 6.30pm to 7.45pm, Welcome refreshments from 6pm
Venue: Monash University Law Chambers, 555 Lonsdale Street, Melbourne

Have you ever wondered how Australia is positioned globally on the issue of child immigration detention? 

Today, record amounts of people are migrating and seeking asylum, more than 50% are children. Worldwide, children are being detained and separated from their families. Join the expert panel on alternatives to immigration detention.

We are expecting this event to fill out so complete your registration and we will see you there!

PS. Join us for welcome drinks from 6.00pm!

Find out more and register now: https://endchilddetentionoz.com/keep-kids-out-panel-event/

Sports Law Conference & Annual Football Challenge

Date: Saturday 8 September 2018, Melbourne

Our annual Sports Law Conference & Tri-State soccer tournament between the Victorian, New South Wales and Queensland Bars will be held in Melbourne this year. The games will be played at Fawkner Park this year. Open the link below for more details of the event.

New and past participants are encouraged to attend and new players particularly would be welcomed. CPD Points, Trophies and medals on offer.

Contact Anthony Klotz e: aklotz@vicbar.com.au t:9225 8633

PDF icon Sports Law Conference & Annual Football Challenge.pdf

Hockey Players Required - VicBar vs LIV

Date: Thursday 1 November 2018, 7.00pm
Venue: Hawthorn Hockey Centre

Looking for players of any age and ability for the annual Hockey match between VicBar and Law Institute Victoria.

Please email Trish with your availability: nndo@vicbar.com.au

Art Exhibition - "Women at Work"

Studio 11, as it is now known,  located on level 11 of Owen Dixon Chambers East, is hosting its current Art Exhibition “Women at Work” by seven local artists comprising a body of 82 works. 

Friends, family, instructors and colleagues are most welcome to view the exhibition which runs from 16 July 2018 – 21 September 2018.

Studio 11 has hosted art exhibitions from 2015 in order to allow barristers and friends to access and enjoy art. The exhibitions change on a quarterly basis and feature works be established or emerging artists. Works are for sale, directly via the artist. The program is run on a voluntary basis. Catalogue sheets are available on level 11. You are encouraged to come along, visit the space and simply enjoy the works at your leisure.

Thomson Reuters - 15% discount on all local Thomson Reuters books

As a member of the Victorian Bar, save up to 15% on our extensive range of book and eBook titles. 

Visit legal.thomsonreuters.com.au/vic-bar using the promo code VICBAR to take advantage of this exclusive offer. 

Did you know? Thomson Reuters is the sole publisher of the Commonwealth Law Reports and the Federal Court Reports, and has the largest collection of authorised State Reports. Plus, find out more about the Victorian Bar Online Legal Research Package and the five key benefits it will bring to your practise.

Member Benefits Australia - August exclusive member offers

Don't miss out on these Father's Day deals from Audi, Volvo, David Jones and more!

Member Benefits Australia - August exclusive member travel deals

MBA Travel Solutions - your full service member travel agency!

Click here to view MBA's travel deals of the month. 

Practice & Profession News
VCAT - Hearings and Guardianship List User Group

Due to recent flooding at William Cooper Justice Centre (‘WCJC’), VCAT is moving all WCJC hearings to King Street until further notice.

There will be a VCAT Guardianship List User Group meeting in the next few weeks. Any members of counsel who have issues they wish to raise with the User group, please contact Carolyn Sparke ( Sparkie@vicbar.com.au or x 8492). 

New sentencing snapshots for incest and drug offences

The Council has released new Sentencing Snapshots for incest and five drug offences sentenced in the County and Supreme Courts of Victoria in the five years to 30 June 2017.

Each Sentencing Snapshot presents data on the type and length of sentences imposed for the principal offence (the most serious offence) in a case.

The six new Snapshots are:

Over the five years to 30 June 2017:

  • 94% of the 126 people sentenced for incest as the principal offence received an immediate custodial sentence. The median imprisonment term for this offence was 5 years, and the longest sentence was 9 years.
  • 95% of the 173 people sentenced for trafficking in a commercial quantity of drugs as the principal offence received an immediate custodial sentence. The median imprisonment term was 4 years, and the longest sentence was 8 years.
  • 100% of the 67 people sentenced for trafficking in a large commercial quantity of drugs as the principal offence received an immediate custodial sentence. The median imprisonment term was 7 years, and the longest sentence was 20 years.

The new Sentencing Snapshots are available from our website at the following link: http://www.sentencingcouncil.vic.gov.au/snapshot

Release of LCA Justice Project Final Report

Yesterday the Law Council of Australia released the Justice Project Final Report. This is the culmination of a national, comprehensive review into the state of access to justice in Australia for people experiencing significant disadvantage. It is one of the most extensive reviews of its type in 40 years. The Final Report contains 59 constructive recommendations which can be accessed here: https://www.lawcouncil.asn.au/justice-project/final-report

Survey: Bullying and Harassment in the Legal Profession

According to 2017 research by the International Bar Association, Legal Policy & Research Unit (IBA LPRU), one in two female lawyers in commercial practice have been bullied in connection with their employment. Almost one in three have been sexually harassed, while a similar percentage of their male counterparts have been bullied in the workplace. These findings, drawn from a survey of 6,000 lawyers globally, coincide with growing global awareness about the prevalence of misconduct at work. In the legal, media, entertainment and political sectors, to name just a few, the past 12 months have seen a steady flow of high-profile allegations of bullying and harassment. While such conduct is never acceptable in the workplace, it is particularly repugnant in an industry – such as the legal profession – based on integrity and high ethical standards.

Following on from the LPRU’s Women in Commercial Legal Practice Report, which outlined these and other challenges facing female lawyers, the LPRU has committed to undertaking a new survey focused on the nature and prevalence of bullying and harassment in the global legal profession. The purpose of this research is to provide an empirical basis for developing informed recommendations and effectively engaging with firms and practitioners. The survey is now live – please complete it and distribute it widely through your networks. More data means a more complete picture of bullying and harassment in the legal profession, which in turn means better analysis and greater prospects of achieving change.

Please complete the survey: www.ibanet.org/harassment-survey.aspx

Urgent: Request for legal volunteers for Fitzroy Legal Service

Fitzroy Legal Service is one of Australia’s oldest community legal centres and relies on the volunteer assistance of numerous lawyers and law students to run its free legal advice night service.

The Fitzroy Legal Service Night Service provides advice to clients from mainly disadvantaged and marginalised backgrounds from all over Melbourne from Monday to Friday.

We are the only community legal centre that assists clients five nights per week.

One of the greatest challenges for our service is obtaining enough lawyers to assist on a weekly or fortnightly basis at the night service. 

Contact Julie Fletcher for more information:
Phone: (03) 9411 1304
Email: jfletcher@fitzroy-legal.org.au  

Profession CPD & Events
Law Library of Victoria - Switch on… Legislation – Victorian Parliamentary Procedure

Date: Thursday 6 September 2018, 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, presented by the staff of the Office of the Chief Parliamentary Counsel, will inform you about the Victorian legislative process. Find out the facts behind the process, from setting the legislative program, drafting of Bills, and the passage of Bills from Parliament through to the commencement of legislation. 

All are welcome and entry is free. To register please email libraryevents@supcourt.vic.gov.au 

The Resolution Institute - A tale of two 'seats' - Astro v Lippo

Date: 11 September 2018
Venue: La Trobe University City Campus, Level 20, 360 Collins Street

The Resolution Institute, in conjunction with Latrobe University, will be holding a seminar on Tuesday 11 September at the La Trobe University City Campus, Level 20, 360 Collins Street. Presented by Albert Monichino Q.C., the session will analyse the long-running saga in respect of a failed joint venture between a Malaysian media group (Astro) and an Indonesian conglomerate ( Lippo). He will distil the lessons to be learned from the Singapore and Hong Kong case law, culminating in Astro Nusantara International BV v. PT Ayunda PrimaMitra [2018] HKCFA 12. Dr Ozlem Susler will provide special comments.

Click here to download the event flyer for more information and to register. 

Deakin Law School & the Australian & New Zealand Society of Criminology: Bail Reform in Victoria – Managing Risk

Date: Thursday, 13 September 2018, 5.30pm – 7.30pm
Venue: Supreme Court of Victoria, Banco Court, 210 William Street
Guest speaker: The Honourable Justice Paul Coghlan

The Victorian Government commissioned Justice Paul Coghlan QC to advise how Victoria’s bail system should be reformed to best manage risk and to maximise community safety.

After reviewing relevant legislation and case law, meeting with key participants in the criminal justice system and receiving public submissions, Justice Coghlan delivered two reports that collectively contained 37 recommendations for reform.

In this lecture Justice Coghlan will outline the background to these reforms and describe the recommendations contained in his two Bail Review and Advices to the Victorian Government. He will also summarise the key changes that have been made to the Bail Act 1977, discuss the implications of these changes, both in theory and practice, and conclude by considering the impact of the reforms in the first few months of their operation.

This is a free public event, however, registration is essential. Register here.

La Trobe Law School Seminar: Australian Superannuation: Fixing the Problems

Date & Time: Tuesday 18 September 2018, 12.30 pm-1.50 pm ​​
Venue: La Trobe University, City Campus, 360 Collins Street, Level 2, room 2.11 (Teaching room 2).
Speakers: Professor Nicholas Morris and Jack Hammond QC

Registration and further details: https://www.eventbrite.com/e/australian-superannuation-fixing-the-problems-tickets-49460527770

La Trobe Law School Seminar - Venezuelan Supreme Court under Maduro’s Rule

Date: Wednesday 19 September 2018, 12noon - 1pm 
Venue: La Trobe University, Bundoora Campus, Social Sciences Building, Level 2, room SS232 (Moot Court)
Presenter: Dr Raul Sanchez Urribarri

Registration and further details: https://www.eventbrite.com/e/the-venezuelan-supreme-court-under-maduros-rule-tickets-47753066708

America should follow Australia’s examples on gun laws: Is this even possible?

Date: Thursday 20 September 2018, 5.45pm arrival, 6pm – 7pm
Venue: RACV Club, 501 Bourke Street, Level 2, Bayside Room 4a & 4b

Following a number of highly publicised mass shootings in the United States in recent years, there has been increased focus by Americans on John Howard’s response to the Port Arthur massacre more than two decades ago. In February 2018, for example, representative Jim Hines, a Democrat from Connecticut said that ‘America should follow Australia’s examples on gun laws.’ The topic of this panel discussion considers the approaches by both countries in respect of gun regulation and the ongoing challenges that each country is faced with in respect of gun regulation. In particular, this panel will focus on what makes Australia and the US distinct both legally and culturally in the context of gun regulation.

Click here for more information and to register. 

The National Indigenous Legal Conference 2018

Date: 25-26 September 2018
Venue: Wesfarmers Lecture Theatre (WFLT) UWA Business School (441) - Ground Floor Room G91.

The School of Indigenous Studies in partnership with UWA Law School, Notre Dame Law School and the Aboriginal Legal Service of Western Australia, brings you the National Indigenous Legal Conference 2018.

 The School of Indigenous Studies at the University of Western Australia welcomes Indigenous lawyers, students, academics and teachers to attend and participate at the 13th National Indigenous Legal Conference held at the University of Western Australia on 25 to 26 September 2018.

Speakers include the Honourable Robert French AC, Professor Megan Davis, Professor Irene Watson, Adjunct Professor Dennis Eggington, Mr Jeremiah Riley, Mr David Saylor and the Master of Ceremonies is Mr Ashley Truscott.

The two-day conference - Sovereign Laws, Peoples and Voices - aims to bring a wide range of Indigenous lawyers, students, educators and policy makers from across the nation to discuss Indigenous rights claims of significant national and international prominence.

Click here for more information and to register. 

2018 International Criminal Law Congress

The International Criminal Law Congress is being held in the beautiful Byron Bay between 3 and 7 October 2018.  The conference is well regarded as a premier criminal law conference, boasting some very impressive speakers.  It is a fantastic opportunity to meet other criminal law solicitors and barristers from all over Australia and discuss current issues in criminal law.

Early bird tickets are now available by clicking here.

Social highlights include the welcome drinks at Elements on Byron, the Lawyers Long Lunch on Friday and Congress Dinner on Saturday not to be missed for their networking and conviviality. 

La Trobe Law School/Centre for Health Law and Society Seminar: ‘Death trespassed on my body’… and law too? Stillbirth grief, fetal legal personhood and the external and internal borders of bodily autonomy

Date & Time: 10 October 2018, 12.30pm-1.30pm (light lunch available from 12.15pm)
Venue: La Trobe University, Bundoora Campus, Social Science Building, Level 2, room SS232 (Moot Court)
Speaker: Hannah Robert

Registration and further details: https://www.eventbrite.com.au/e/death-trespassed-on-my-body-and-law-too-stillbirth-grief-fetal-legal-personhood-and-the-external-tickets-49368512550

rise2018Companion Special – 50% off

Date: 15-17 November 2018
Venue: ICC Sydney, 14 Darling Drive, Sydney NSW 2000
 

The ABA and NSWBA are delighted to release the Companion Special for the rise2018 national conference; a conference by the Bar for all professionals. Join us as we explore issues of public importance, delivered by experts from the across the legal profession, government and industry.

Register yourself and one or more colleagues in the same transaction and receive 50% off your registration fee.

This special offers exceptional value and is available until 31 August - unless sold out prior.

To take advantage of this special, click here.

For details of the outstanding program, stellar line-up of speakers and excellent professional networking and social opportunities, please click here.

Upcoming Family Law conferences

Havana Cuba

There will be a family law conference held in Havana Cuba from 7 to 12 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.  

Jam Boutique Conferences: Family Law Conference - 9 -12 June 2019

Join us in sunny Malta for a 3 day conference – registration fee includes:

  • Registration and Welcome evening
  • 3 night’s accommodation at the Palace Hotel, Sliema Malta (5 star)
  • Daily breakfast, morning tea & lunch
  • 8 professional development sessions
  • Australian and Maltese presenters

Flights not included (but lots of early bird specials about for 2019)

Registration fee

$2,000 conference attendee

$350 non-attendee (sharing room with attendee)

HOW TO REGISTER

Email one of us and we will issue you with tax invoice $500 (per conference attendee) non-refundable deposit is payable with your book and the final payment due 1 April 2019.   

Marlene Ebejer: 0411 772 064
marlene@ebejerlawyers.com.au

John Spender: 0409 147 646
john.spender@kennedylaw.com.au

Angela de Mel: 0411 611 171                        
aedemel@gmail.com

Careers & Opportunities
Funding grants for women’s leadership development

Women & Leadership Australia (WLA) is administering a national initiative to support the development of female leaders across Australia’s legal sector.

The initiative is providing women working in the sector with grants to enable participation in a range of leadership development programs.

The leadership development programs are part-time and delivered nationally via WLA’s blended learning model. Scholarship funding is strictly limited and will be awarded based on a set of selection criteria being met.

Expressions of Interest
Find out more and register your interest by completing the Expression of Interest form here prior to September 7, 2018: www.wla.edu.au/legal

Judges required for Victoria University moots

Victoria University has asked for the Bar’s assistance in judging their annual Michael Kirby Contract Law Moot. The moot will be held at the VU campus in Queen Street, Melbourne. Expressions of interest should be sent to David Thomson (David.thomson@vu.edu.au) no later than 20 September 2018.

ABA Appellate Advocacy Training

Date: 7 - 8 September
Location: Brisbane

The skills of a barrister are best learnt in an environment that is as close to the real experience as possible. This workshop involves a realistic brief, detailed preparation including written submissions and performances in real court settings before appellate judges. The workshop will promote excellence in appellate advocacy through the development of relevant skills.

Groups are small and the coach-to-participant ratio is high. Performances are recorded in court before an appellate court judge, and then reviewed separately with senior members of the Australian Bar.  Voice and movement coaching is also available from a professional coach.

There are only 24 positions available. Seniority of at least 8 years at the private Bar is a pre-requisite.

Click here for more information or to make a booking. 

LCIL - A five-day, high-level introduction to international investment law and arbitration

Date: Monday 17 - Friday 21 September 2018
Fees: £4,500, £3,500 (for registrations by 15 June 2018) 

Investment arbitration raises challenges distinct from those raised in other forms international dispute settlement, including complex questions of how to value assets and how to develop and position an arbitration practice in a highly competitive arbitration market. At the end of the five days, participants will be equipped with a unique background in the substantive, procedural and strategic aspects of bringing or defending an investment arbitration.

This five-day programme provides a high-level introduction to international investment law in the context of public international law and practice focusing on recent developments. It offers the opportunity to learn from Cambridge law and business school academics, as well as leading practitioners drawn from major law firms and barristers’ chambers. It is designed both for junior practitioners who are developing a practice in international investment law and for more senior lawyers who wish to re-orient themselves to investment arbitration. Participants will receive a certificate of participation on successful completion of the course.

Click here to download the course flyer. 

30th International human rights competition for lawyers

The Caen Memorial International human rights competition for lawyers is open to all lawyers registered with a bar, irrespective of their nationality, language or age, who are willing to inform the public of the profession’s commitment to defend the human rights. The competition is only open to the defence of individual cases. Lawyers agree to not compromise or prejudice the defended person. Human rights are binding on all and concern all defendants, whoever they may be, under the fundamental right of defence.

The closing date for submitting pleadings to the Memorial de Caen museum is Friday 9 November 2018.

The final of the competition will be held at the Memorial de Caen on 27 January 2019.

The Justice and Society Symposium

Date: 29 – 30 November
Venue: Cranlana House, Toorak
Cost: $3814 

Is Justice Possible?

Members of the Victorian Bar are warmly invited to attend this exclusive symposium to explore the conceptions of justice underpinning our society.

Open to up to 20 leading minds in the Justice Sector, participants will engage in moderated discussion looking at the pragmatic, aspirational, and actual aims of Justice in the social fabric. The clarification of the role of justice in society helps inform our role as practitioners of the Law – and sharpens our ethical and moral judgement of the decisions we must make in our position each day.

Over the course of the two days, we will discuss questions such as: Do we believe the rule of law to be good because it is just or is it just because we think it is good? To what degree is our understanding of justice determined by the laws under which we live? Are there certain universal requirements that any just law must full? Is it possible to have a just society without a base of guaranteed moral rights? If not, what are those guaranteed moral rights?

Visit http://cranlana.org.au/symposia/symposia-more-information/#justice-symposia or contact us on 03 9827 2660 to find out more.

Australian Bar Association Advanced Trial Advocacy Intensive

Date: 21 - 25 January 2019

Are you 5 years or more at the Bar, looking to refresh or to ‘ramp up’ your advocacy skills? Considering applying for silk? Looking to stimulate your advocacy?

If so, the Advanced Advocacy Course is for you. A 5 day live-in intensive course, where you run a trial, with each aspect of your conduct of the trial being analysed and reviewed. 

Many members of the Bar have had the benefit of the training provided by the Course, sometimes as a precursor to talking silk, or generally to increase their trial skills.  

The instructors comprise highly experienced instructors, including silks, judges and international trainers.

Click here to download the brochure for more details.

Contact Carolyn Sparke QC (sparkie@vicbar.com.au or x 8492) for more information.

Deadline for the next issue:5pm, 6th September 2018