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In Brief Issue #883
21Sep
This week’s message comes to you from Hong Kong, where the Hong Kong 2018 International Commercial Law Conference, organised by the Victorian Bar and the Commercial Bar Association, is underway. The conference was opened this morning by the Honourable Chief Justice Ma GBM, Chief Justice of the Hong Kong Court of Final Appeal, and Michaela Browning, Australian Consul-General to Hong Kong and Macau. Many members of the judiciary and of the independent Bars of England and Wales, Hong Kong and Victoria have gathered in this dynamic city to participate in an exciting conference program, which includes eight sessions of topical seminars as well as a number of social events.
New CEO
I am pleased to be able to report that the Bar has recruited a new CEO, to replace our outgoing CEO, Sarah Fregon, who leaves us in November to take up a new opportunity at Deloitte.
Our new CEO is Katherine Lorenz, who will already be known to many members. Katherine is currently the Executive Director, Corporate Services and Governance, Chief Legal Officer with Monash Health. She comes to us with more than 16 years’ experience as a litigator at top tier law firms and in several high profile in-house roles. With exceptional leadership skills, and a keen strategic and business mind, Katherine will build upon Sarah’s legacy and lead the execution of the Bar Council’s strategy to face the challenges posed by the constantly changing and disrupted market for legal services.
Sarah’s last day with us will be 2 November. Katherine’s first day will be 7 November.
Nimal Wikramanayake QC
The legal profession can learn a great deal from the experiences of former Victorian barrister Nimal Wikramanayake QC recounted in the legal pages of today’s AFR. Racism, whether it occurred decades ago or more recently, is unacceptable. It attacks at the core of its victims’ essential humanity.
Much progress has been made in changing what was once a very male-dominated, white Anglo-Saxon branch of the profession. When Nimal Wikramanayake joined the Victorian Bar in 1972, he was a pioneer. Today, nearly 800 of the Victorian Bar’s 2,100 members had at least one parent born overseas, more than 300 were born overseas themselves, and nearly 200 speak a language other than English at home.
I pay tribute to Nimal Wikramanayake QC's many years in the law and I wish him well in his retirement.
Special General Meeting to consider Changes to the Constitution of the Victorian Bar
At its meeting last week, and as part of its continuing governance review, the Bar Council resolved to propose a number of changes to the Victorian Bar’s Constitution.
The principal changes to be proposed will include:
- simplification and modernisation of clause 2, which deals with the purposes of the Victorian Bar;
- amendment of clause 42, which deals with the term of office of the Bar Council (following up on the recent discussion paper and survey of members upon which I reported a fortnight ago); and
- amendment of clause 43, which deals with by-elections.
Because of the proximity of the 2018 Bar Council election (see below), and having regard to the associated caretaker period, Bar Council determined that it was preferable not to seek to draft and circulate the proposed amendments in time for this year’s AGM, which will be held next month. The Bar Council proposes, without fettering the discretion of the new Bar Council that will be elected with effect from mid-November, to schedule a Special General Meeting of the Bar in early 2019 to consider the proposed amendments.
Bar Council election
Speaking of the 2018 Bar Council election, nominations for councillors for 2018–19 will open on 5 October. Eligible members will receive an email with a nomination pack on that day.
I encourage all members to consider nominating. From my own experience, it is an enormous privilege to represent the Bar by serving on its governing body. Membership of Bar Council gives you an unparalleled insight into what makes our remarkable college tick.
Having considered carefully the results of the recent survey and responses to the discussion paper on the tenure of Bar Councillors, and consulted widely, particularly with the Executive and other members of Bar Council, I informed Bar Council last week of my intention to nominate for re-election this year and, if re-elected, to make myself available to serve a further term as President if the incoming Bar Council so resolves.
I will be devoting some space in the next few editions of In Brief to letting members know something more about the breadth of the contribution that is made by members of Bar Council to the governance of the Bar—hopefully in a way that will encourage, rather than scare off, those who are thinking of nominating for election.
Barristers’ Consortium presents Flight at the Melbourne Festival
Regular readers of In Brief will recall that, earlier this year, a consortium of barristers was formed, called the, um, Barristers’ Consortium, to collaborate with the Melbourne International Festival of the Arts with a view to bringing challenging, provocative and inspirational works to Melbourne that would otherwise not be seen here.
In its inaugural year, the Consortium has succeeded in bringing Flight to Melbourne. The work is based on Caroline Brothers’ 2012 novel Hinterland, which tells the epic journey of two orphaned brothers who flee Afghanistan with their small inheritance stitched into their clothes. Recently, The Age published a terrific piece which provides more information about the piece and the author. The Consortium was, to my observation, inspired by the notion that, via this work, we will help to humanise the plight of those who seek refuge and contribute to a change in the public discourse that surrounds an area of policy about which many barristers are rightly passionate.
I encourage members to book their tickets for the Melbourne Festival production of Flight. Tickets are selling quickly. If you are able to do so, try to get tickets for 9 October, which is the night on which most members of the Barristers’ Consortium will be in attendance.
It is not too late to join the Barristers’ Consortium and contribute to its objectives, including by showing that our profession cares about and is engaged in the community we serve. More information can be found here.
Appointments and Welcomes
The Governor in Council last month appointed Michael McNamara and Russell Kelly as Victorian Magistrates. The Profession will extend a Welcome to Their Honours at a ceremonial sitting in Court 1 of the Melbourne Magistrates’ Court, Ground Floor, 233 William Street Melbourne on Tuesday 25 September 2018 at 9:15 am.
The 2018 Annual General Meetings of the Victorian Bar Inc and the Barristers’ Benevolent Association of Victoria will be held on Monday 22 October 2018 at 4:30 pm in the Bar Council Chambers, Level 1, Owen Dixon Chambers East.
AGM notices and associated materials have been circulated to members via email.
The Terrorism (Community Protection) Act has recently been amended to create a new scheme for the use and protection of criminal intelligence in applications under that Act. As part of the new scheme the Supreme Court is empowered to appoint a special counsel to represent the interests of the respondent in a hearing involving protected intelligence.
The Victorian Bar has been invited to identify counsel, preferably with current security clearance, who may be suitable candidates for the panel. The current understanding is that Negative Vetting 2 will be required. If there are suitable counsel who do not currently have security clearance, security clearance can be organised.
While it is expected that they will be called on only rarely, a panel of counsel (three people) is being established.
Counsel will need to have expertise with the Terrorism Act in order to fulfil the role.
The panel will be maintained by the Criminal Law Governance & Resources team in DJR. It is not proposed that counsel will be paid any retainer, as these matters will rarely arise. It will operate on a fee for service model.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. The Expression of Interest should identify the relevant criteria, any areas of experience or expertise.
Please direct any enquiries or Expressions of Interest to Denise Bennett at denise.bennett@vicbar.com.au
The closing date for Expressions of Interest is Thursday 27 September 2018.
The Victorian Bar has been invited to nominate two local legal practitioners for appointment to the Law Library of Victoria and Supreme Court Library Committees. In accordance with the Supreme Court Library Rules, these appointees must be confirmed by the Council of Judges in December each year.
Interested members should submit their expression of interest, together with a copy of their CV and details of any relevant experience or expertise.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Please direct any enquiries or Expressions of Interest to Denise Bennett at denise.bennett@vicbar.com.au
The closing date for Expressions of Interest is Thursday, 11 October 2018.
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.
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.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
- Managing Difficult Clients for Family Lawyers
- Managing High Conflict Personalities in and out of Court - 1-day Workshop
- We're Coming Out: LGBTI Equality
- Barristers: Managing Perfectionism and Self-Sabotage
- Recent Developments in the Common Law Division of the Supreme Court
- IBAC Report: Audit of Victoria Police's Oversight of Serious Incidents
- Advocacy Instructor Training
- Apprehended Bias - To Recuse or not to Recuse? A Panel Discussion
Date: Friday 5 - Sunday 21 October
Two orphaned brothers embark on a desperate road trip across Europe in search of a place to call home. With their tiny inheritance stitched into their clothes, they brave hazardous sea crossings and bustling train stations, the menace of strangers and the constant threat of violence, in a heart-wrenching story of terror, hope and survival.
Vox Motus' adaptation of Caroline Brother's novel Hinterland is a theatrical realisation unlike any you've witnessed: take a seat in a private booth as your window opens to reveal the tiny figures who will enact this tale. This is your gateway into a diorama that unfolds as a sequence of exquisitely fashioned frames passing by, detailing this continent-crossing journey in crystalline detail.
Like a graphic novel in three dimensions or live theatre snap-frozen into discrete moments, Flight is both a gripping tale of little boys lost and an astonishing feat of artistic imagination.
By turns unsettling and uplifting, its miniature storytelling is a distillation of the largest and most urgent of contemporary stories facing us today.
Click here to buy tickets and for more information.
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
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.
Don’t miss out on these exquisite boutique wines on offer now! These prices will not be repeated.
Download order form or email antoniof@vicbar.com.au.
Cheers from the Essoign team.
Register an account with Samsonite to be eligible to receive 40% off suitcases, laptop bags, backpacks and travel accessories.
Use the code VICBAR40 for redemption from 21 September 2018 – 21 October 2018 inclusive.
Don't miss out on these exclusive member deals for September from Land Rover, Lexus, Sennheiser and more!
MBA Travel Solutions - your full service member travel agency!
Click here to view MBA's travel deals of the month.
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
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
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.
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.
Date: 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
Date: Thursday 11 October 2018
Venue: Monash University Law Chambers, 555 Lonsdale Street, Seminar Room 6
RSVP: Monday 8 October law-marketing@monash.edu
Magistrate Felicity Zempilas from Western Australia’s mental health court, the START Court, will speak about the findings from her recent Churchill Fellowship which saw her travel to the United States and Canada in June and July 2018. She reflects on latest practice and policy developments in the United States mental health courts that will be relevant to those working in mental health courts and other problem-oriented courts, and those interested in therapeutic jurisprudence and responses to offenders with mental illness.
Click here to download the event flyer.
Date: 17 October 2018
Venue: Sofitel on Collins, Melbourne Australia
Co-presented by the Business Law Section of the Law Council of Australia, the Australian Centre for International Commercial Arbitration and the Chartered Institute of Arbitrators (Australia) the 6th Annual International Arbitration Conference: The Business of International Commercial Arbitration is the pre-eminent event of the 2018 Australia Arbitration Week, which is being held for the first time in Melbourne. With the support of local and international arbitral bodies and firms, the conference features distinguished speakers from across Australia and around the world who will be discussing the emerging trends and hot topics in international commercial arbitration. The conference will be opened by Dr Michael Pryles AO PBM, who will deliver the keynote address: Australia’s Place In International Arbitration.
CIArb Australia Annual Dinner – 17 October 2018, No35 Restaurant, Sofitel on Collins, Melbourne Australia
Following the day’s proceedings, will be the CIArb Australia Annual Dinner, featuring guest speaker, Allan Myers AC QC, Chancellor of the University of Melbourne, leading international arbitrator and prominent businessman. Master of Ceremonies for the evening’s proceedings will be Patrick Durkin, Melbourne Bureau Chief, Australian Financial Review.
For further details about the program and how to register, please click here
Date: Wednesday, 17 October 2018
Venue: Atrium Bar & No35, Sofitel Melbourne on Collins, 25 Collins Street, Melbourne, 3000
The CIArb Australia Board and Management invite you to attend the 2018 CIArb Australia Dinner featuring guest speaker, Allan Myers AC QC. To be held at No35, the dinner will be attended by distinguished guests including members of the judiciary, business, government, media and global leaders of international dispute resolution. Located within Sofitel Melbourne On Collins, No35 is an elegant dining destination designed with contemporary artworks and breathtaking views of Melbourne. The three-course dinner will commence with Pre-Dinner Drinks from 7 pm - 7.30 pm at the Atrium Bar and will conclude at 11 pm.
Click here for further details and to register.
Date: Wednesday, 17 October 2018 from 2:00 PM to 3:00 PM
Venue: La Trobe University (Social Sciences Building room 232 - Moot Court), Plenty Road, Bundoora, VIC 3086
Speaker: Pascale Chifflet
Registration and further details: https://www.eventbrite.com/e/the-use-or-misuse-of-criminal-profiling-evidence-in-criminal-trials-tickets-50047902624
Date: Wednesday, 24 October 2018, 5:00pm - 6:15pm
Venue: Federal Court of Australia, 305 William Street, Melbourne, 3000
International commercial arbitration is founded upon one of UNCITRAL’s most successful conventions, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Three-quarters of all nations, including Australia, have signed on to the New York Convention over its 60 year history. The Convention allows arbitration to cut through the problem of resolving international disputes by allowing parties to choose a neutral tribunal to determine their disputes, and permits lawyers to appear in these arbitrations wherever they are held without needing special practicing rights.
The UN Day Lecture is an annual initiative of the UNCITRAL National Coordination Committee for Australia (UNCCA) to introduce and recognise the work of UNCITRAL. This year, the Lecture will be held around Australia in all capital cities to commemorate this important Convention. Admission is free, but registration is required.
Click here for more information and to register.
Date: Wednesday 14 November 2018, 12noon-1pm
Venue: La Trobe University, Bundoora campus, Social Sciences Building, Level 2, room SS232 (Moot Court)
Speaker: Anthony O'Donnell
Registration and further details: https://www.eventbrite.com/e/from-dole-bludger-to-mutual-obligation-activation-with-a-antipodean-accent-tickets-50438514956
The Australian Bar Association and the NSW Bar Association are looking forward to co-hosting the 2018 National Conference on 15 - 17 November in Sydney.
The preeminent legal conference of 2018 – rise2018 relevant/resilient/respected is a prestigious two-day conference that boasts an impressive speaker line-up which will highlight and profile the excellence of the Australian legal profession.
For all the details and to register please visit nationalconference.austbar.asn.au.
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.
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
The Koowarta Scholarship was established in 1994, with the aim of promoting the study and practice of the law by Aboriginal and Torres Strait Islander peoples, and, commemorates John Koowarta as a member of the Winychanam community and a traditional owner of the Archer River region on the Cape York Peninsula in Queensland. John Koowarta is widely regarded as being at the forefront of Aboriginal land rights in Australia during the late 1970s and early 1980s. He is today revered as one of the most important figures in the progression of Native Title rights for Aboriginal and Torres Strait Islander peoples.
The Koowarta Scholarship is available to Aboriginal and Torres Strait Islander students enrolled in an Australian tertiary institution undertaking an approved course of study provided that may lead to admission as a legal practitioner in any Australian jurisdiction.
Click here to apply and view the Eligibility Criteria.
Closing date for applications is 30 November 2018.
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.
Registrations are now open for our November 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
November 19, 20, 21 & 26, 27, 28
Melbourne
Visit our website www.cynglerconsulting.com for more information or join our mailing list to keep informed on courses that are coming up.
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.
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, 26th September 2018