In Brief Issue #893

30Nov
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New Silks 2018

If I had a dollar for every time someone has said to me in the past month, “when are the silks being announced?” I’d be, um, moderately well off (as if I knew the date, anyway).

The answer came yesterday morning, when the Chief Justice announced that she had appointed 25 new silks: 18 men and 7 women, ranging in age from 43 to 61.

The appointment of silks each year is a very substantial task, involving widespread consultation with the judiciary and the profession and, this year, individual interviews of all candidates by the Chief Justice. On behalf of the Bar, I thank the Chief Justice for the time, energy and rigour that she has dedicated to the appointment of this year’s silks. The community can have absolute confidence that all of those appointed are leaders of the profession in terms of skill, experience and integrity.

To our new silks, savour the next few days and weeks. You will be inundated by genuine well wishes from colleagues who celebrate in your achievement, and reminded of what a strong college we are at the Victorian Bar.

Our new silks, in order of seniority, are:

Raymond Gibson
Andrew Ingram
William Lye OAM
Francis O’Loughlin
Peter Rozen
Andrew Palmer
David McAndrew
Colin Mandy
Richard Dalton
Elizabeth Brimer
P Justin Hannebery
Tomo Boston
Jennifer Firkin
Diana Piekusis
Christopher Archibald
Dr Andrew Hanak
Fiona Forsyth
Anthony Strahan
Cam Truong
Dr Catherine Button
Frances Dalziel
Dr Michael Rush
Juliet Forsyth
Scott Smith
Eugene Wheelahan

The Bar’s media release with further information about this year’s cohort of silks is on our website.

New Victorian Attorney-General and Minister for Youth Justice

On behalf of the Victorian Bar, I welcome the announcement yesterday of the appointments of the Honourable Jill Hennessy as Attorney-General and the Honourable Ben Carroll as Minister for Youth Justice.

I also acknowledge the work done by the outgoing Attorney-General, the Hon Martin Pakula, with whom I and my predecessors have enjoyed an open and constructive relationship over the past four years.

The Victorian Bar is committed to constructive engagement with both State and Federal governments and oppositions in relation to matters relevant to, among other matters, law reform, the administration of justice, the defence of an independent judiciary, the rule of law, access to justice, and the indispensable role played by a strong and independent Bar.

I look forward to working with Ms Hennessy and Mr Carroll on the many important areas covered by their portfolios.

Save the Date – ABA “Convergence” conference in Singapore – 11-12 July 2019

The ABA has released a flyer for its next conference, to be held in July in Singapore, which will focus on litigation skills in a range of practice areas. Presenters will be leaders in the profession, including Chief Justice Kiefel AC. The conference will bring together practitioners from across Australia and the region and showcase the strengths of all of Australia’s independent referral bars.

When I saw the flyer, my eye was immediately caught by the topical theme for the conference –“convergence”. I barely noticed the photos of the Andaz pool or the Atlas bar. I did not google the average temperature in Singapore in July.

The ABA has negotiated special airfare rates with Singapore Airlines, which include substantial discounts for those who want to travel on, after Singapore, to other parts of the world such as other parts of Asia, Europe and North America. The conference is an ideal destination in itself, or an ideal starting point for a winter break in the middle of next year.

Now is definitely the time to save the date for the conference, and to register your interest by visiting convergence2019.com.au. To find out about special airfare rates on Singapore Airlines fares, please email mice@spencertravel.com.au

I did not notice this...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

...or this

 

A busy week

This week the new Bar Council started business in earnest, with the induction of new Bar Councillors on Tuesday, and their first full length meeting on Wednesday evening followed by drinks for retiring Bar Councillors and others who have made a substantial contribution to the life of the Bar over the past 12 months. On Monday I met with our CEO for our regular weekly catch-up. On Tuesday I attended an excellent CPD in the Neil McPhee room on the Law Council’s gender equitable briefing policy, at which new data was presented showing disturbingly low rates of appearances by women in both the Supreme Court and the Court of Appeal. Further work is needed in this area: expect to see exactly that, and more, in the coming weeks and months.

The new Bar Council for 2018-2019

Welcome for His Honour Magistrate Kune

The Court will welcome Magistrate Randall Kune on Thursday 6 December at 9.15 in the Melbourne Magistrate’s Court.

Vicbar News & Events
Call for Nominations for the Victorian Bar Pro Bono Awards – open until 14 December 2018

The Victorian Bar is calling on the profession and organisations who have worked with barristers who have offered their services for free for a good cause to nominate them for the 2018 Victorian Bar Pro Bono Awards.

Please take the time to nominate a colleague whose Pro Bono contribution has been outstanding. There are four awards presented to barristers of differing years’ call and two open awards—the Public Interest Award and the Victorian Bar Pro Bono Trophy.  Details of the different award categories are available on the nomination form located on the Victorian Bar website

To nominate for the awards, click here

The nomination period is open until 14 December 2018.

Cultural & Linguistic Diversity Working Group

The Cultural & Linguistic Working Group is working to inform members of the Bar about the breadth of diversity at the Bar.  To do that the group is calling for members to contribute short vignettes which capture their experience as a member of the Bar from a culturally and linguistically diverse background.  The Working Group wishes to hear how members have felt challenged or excluded by reason of their background so that we can all begin to contemplate what it means to belong to the Bar.  Others may also wish to contribute stories that highlight their acceptance or appreciation of their background at the Bar.

Set out below is a suggested format for submissions of your vignette:

Setting:  

Comment:  

How it made me feel:  

You can forward your story, anonymously if you wish to arushan@vicbar.com.au
 

Victorian Bar Member CPD Events
Student Engagement Committee - Seeking support for VicBar SEC student shadowing program 3-7 Dec 18

Background

Following successful VicBar Student Open Day held earlier this year the numbers of students requesting shadowing/work experience opportunities with barristers continues to grow.

Anecdotal feedback indicates that some barristers who would otherwise be happy to support us are hesitant to take students due to (1) the vagaries of practice at the Bar, and (2) concerns about their obligations under formal secondary school work experience arrangements.
 

Details of the program

In response the SEC has developed a pilot program during 3-7 Dec 18 that:

  1. is seeking barristers willing to take a secondary or tertiary student for a few days between 4-7 Dec (each student would spend one day with each barrister so the student would experience a variety of practice areas).
  2. has a dedicated SEC coordinator who will manage student/barrister allocations and, more importantly, step in if anyone’s matters fall through and they don’t have anything to keep their student occupied.
  3. commences on Monday 3 Dec with a central presentation by the SEC on life at the Bar, professional courtesies that need to be observed by students when working with Barristers, and an orientation to the legal precinct and Courts. Individual shadowing will occur Tues-Fri.
     

Can anyone interested please email gerard.oshea@vicbar.com.au with the information below:

Main area of practice / anticipated work in the week 3-7 Dec (if known)

  1. Any day that they cannot take a student (noting Monday is an orientation day run by the SEC)
  2. Any preference for a secondary or tertiary student (some work types may not be suitable for under 18s) - I am also conscious that WBA members may like to particularly support female students.

Please note: it doesn’t matter if the likely work is chambers-based. We are looking to showcase all aspects of barrister work not just court appearances. At this stage we have about 25 students so we are looking for about 30-40 barristers to share the load, so everyone takes a student for approximately 2 days in the week.

For more information or if you have any questions, please contact Gerard.

The Victorian Bar End of Year Drinks – Friday 7 December

The Victorian Bar Council is delighted to invite members of the Bar and Bench to the Victorian Bar End of Year Drinks on Friday 7 December 2018 in the Peter O’Callaghan QC Gallery from 5pm.

Click here to register

CPD Workshop: Written Advocacy for Barristers

PRESENTED BY
The Victorian Bar CPD Committee

The Victorian Bar CPD Committee is offering a unique opportunity for barristers to participate in a 1 day program dedicated to written advocacy skills. The program has been specially developed with internationally recognised expert, Professor James Raymond, who has taught and written extensively on the subject. A focus of the program is on how to write effectively and persuasively for courts. The program will be interactive, and participants are encouraged to submit samples of their work in advance, for review and discussion on the day. This opportunity is open to all barristers, but only limited places are available. 

SPEAKER:  Professor James C. Raymond, Ph.D

27 February 2019, 8.30am - 5.00pm
Level 1, Owen Dixon Chambers East

 

$380.00 (Payable by 3 December 2018)

Click here to register

Vicbar Life
Formed on the Plains - Studio 11 Art Exhibition

Image: Fires in the Sky by Harley Manifold - Oil on Canvas 2018, 86 x 122 cm

 

Date: 8 October - 21 December 

The exhibition comprises a series of works by local artists, Dridan, McEachern and Manifold including sculpture. 

It’s a must see exhibition, particularly if you are someone connected to the Victorian plains, someone who enjoys art or someone who is just curious to see and experience a wonderful exhibition. Stay as long as you like. 

As always, the work is for sale, commission free, direct from the artists. Catalogue sheets and biographies are located on level 11 ODC East. The initiative is run on a voluntary basis. 

Click here to download the exhibition flyer. 

 

 

 

The Essoign Members Christmas Wine and Beverage Offer

The Essoign Members Christmas wine and beverage offer is available for a limited time only.

These prices will not be repeated.

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

Cheers from the Essoign team.

La Carta Wines - 20% off

SPECIALIST WINE OFFER!

We are a small, independent wine import company that services the restaurant trade in Melbourne. This December La Carta Wine would like to invite the Victorian Bar to indulge in 20% OFF the entire portfolio to celebrate our first year in business and your end to the year. Click here to view December's wine portfolio.

Explore Italy’s unknown Alpine Nebbiolo wines, sip Sicilian white or simply stock the house with fresh and fruity entry-level excellence.

Email your selection and detailed delivery details to will@lacartawine.com

* Maximum of 24 bottles per person, per day and no split cases (case sizes are noted on the portfolio)

* Credit card or bank transfer payment options

Member Benefits Australia - November exclusive member offers

Don't miss out on these exclusive member deals for November with some great offers for the holiday season.

In-Chambers Ergonomic Assessment Offer

Occupational therapist/ergonomist Elenor Eshel is offering VicBar members special rates for the following services:

- Basic Individual Assessments
- Comprehensive Individual Assessments 
- Group Traning & Presentations
- Customised Programs 

Click here to read more or contact eleanor@inhouseot.com.au / 0412 225 895

 

Walking Together - Remember William Cooper

Why We Are Walking? Remembering William Cooper - Recommitting To His Legacy!

December 6 2018 - 6:30pm Opening Ceremony & Remembrance Walk

As members of the Victorian Jewish community, we walk today together with our friends and allies in remembrance and appreciation of William Cooper and to reciprocate the march that he led on the German Consulate in Melbourne on the 6th December 1938.

While world leadership watched in silent disbelief to the events of Kristallnacht, Uncle William Cooper, the Secretary of the Australian Aborigines’ League and an elder of the Yorta Yorta, led the only known private protest against the Nazi regime.

At a time when Aboriginal and Torres Strait Islanders people were themselves denied citizenship and other basic human rights, and where they were frequently subjected to appalling physical, social and economic hardships, he chose to stand for our people and our future.

Today, exactly 80 years later, we seek to honour William Cooper’s memory by making a similar stand on behalf of his people and their future. 

We do this by calling on our elected leaders to work together to ensure that our nation's First People receive recognition in the Constitution and a lasting voice in our national Parliament.

Essoign Members Christmas Party - Wednesday 12 December

Wednesday 12th of December from 5.15pm at the Essoign Club.

Join us for drinks and canapes.

Click here to view flyer

VGLS Report & Upcoming Events

On Monday, 12 November 2018, 27 members of the Victorian Golfing Lawyers Society competed in a 4BBB Stableford teams competition at Yarra Yarra Golf Club. It was a sunny and warm afternoon with a light breeze. The course was in magnificent condition. There was a countback for the winning pair, with Peter Mackey and Peter Cahill, solicitors, beating out Julian McDonald and Ashley Brygel, solicitors. Both of those pairs had 42 points. There were several pairs close behind on 41 and 40 points. The men’s longest drive was, amazingly, a tie, between Julian McDonald and Stephen Gregory, whilst Cathy Fitzgibbon took the honours for the women. John Taylor won the nearest the pin.

 

The next events on the golf calendar are a twilight 9 holes and BBQ at Royal Melbourne on 22 January 2019, and on the first Tuesday after Easter (23 April 2019) the annual Bar and Bench versus Solicitors competition will be held on the stunning and challenging new North course of Peninsula Kingswood Country Golf Club. An interstate trip to Adelaide to play the SA lawyers is in the pipeline for Autumn. Anyone interested in joining is invited to contact Caroline Paterson, Hon Secretary, - carolinepaterson@vicbar.com.au or Norman O’Bryan AM SC, President on nobryan@melbchambers.com.au

Practice & Profession News
Supreme Court of Victoria: eFiling in the Criminal Division

The Supreme Court of Victoria is taking the next step on its path towards a digital future. Following the successful transition to electronic filing for all matters in the Commercial Court, Common Law Division and Costs Court in July 2018, eFiling will be introduced to the Criminal Division on 29 January 2019. For more information please refer to the Court’s website.

Judicial College - Criminal Charge Book Updates

Jury directions for some cases involving negligently causing serious injury, juror behaviour, and witness support dogs feature in the Judicial College’s new updates to its Criminal Charge Book.

Profession CPD & Events
Resolution Institute - Victorian Chapter Annual Meeting

DATE:  5.30pm Wednesday, 5 December 2018

VENUE:  495 Collins Street, Market Lane Bar, Intercontinental Hotel

COST:  Free for members, $20 for guests

WEBSITEhttps://www.resolution.institute/

CPD POINTS: 1

Please join the Victorian Chapter for the 2018 annual end-of-year event. We are thrilled to
have world-renowned international arbitrator, Neil Kaplan CBE QC SBS as our keynote
speaker who will give us a sneak preview of hot topics we can expect to see emerge in the
next 2 years and his thoughts for change.

Click here to view flyer

Click here to register

MLS Events - Upcoming Conferences

International Legal Ethics Conference 2018

Legal Ethics in the Asian Century

Date: 6 – 8 December 2018
Venue: Melbourne Law School, 185 Pelham St, Carlton

The eighth biennial ILEC takes place at a fascinating time in the evolution of legal ethics, as the disruptive innovation of legal services creates ongoing challenges and perhaps opportunities for ethics and professional regulation, both locally and trans-nationally. The continuing growth of Asia’s influence as an economic force, which has instigated the discourse of the ‘Asian Century’, arguably signals profound cultural, economic and legal transformations globally, and adds a further and so far under-developed, dimension to debates regarding the future(s) of legal ethics.

Website: http://go.unimelb.edu.au/exg6

 

Global Legal Skills Conference

Date: 10 - 12 December 2018
Venue: Melbourne Law School, 185 Pelham St, Carlton

The 2018 Global Legal Skills Conference (GLS-13) will provide an opportunity to share the best practices of international legal skills education.

Your experience will allow you to learn and share cutting-edge information on global legal education and to meet experts and new friends expected from Australia, Canada, Italy, Japan, Mexico, New Zealand, Qatar, Russia, Switzerland, Turkey, the United Kingdom, the United States, and other countries.

This event is co-hosted by Melbourne Law School, and the John Marshall Law School, Chicago (Illinois, USA)

Website: http://go.unimelb.edu.au/ixg6

 

2019 National Wellness for Law forum

Making Wellness Core Business

Presented by Melbourne Law School and Faculty of Law, Monash University

Date: 14 – 15 February 2019
Venue: Day 1 - Melbourne Law School, Day 2 - Faculty of Law, Monash University, Monash University Law Chambers, 555 Lonsdale Street, Melbourne

The Wellness for Law Forum 2019 is being jointly hosted by Melbourne Law School and Monash University, Faculty of Law. This is the ninth annual gathering of the national Wellness Network for Law and its supporters, from academia and the profession. The Forums provide the opportunity for scholarship and good practice to be shared in a collegiate and supportive environment. Click here to view flyer.

Website: http://go.unimelb.edu.au/rxg6

Australian Disputes Centre - Summer Mediation Training

Join the Australian Disputes Centre’s Mediation Training in January. Delivered by Australia’s leading mediation training faculty, ADC’s program has over 3 decades successfully helped lawyers integrate mediation into their professional work. For current mediators, ADC’s program includes two professional development days.
 

Starting on 22 Jan 2019

Mediation Training – 5 days
DETAILS AND REGISTRATION HERE

Refresher Training – 1 day, choose between 29 or 30 Nov 2019
DETAILS AND REGISTRATION HERE

Accreditation Day – 31 Jan 2019
DETAILS AND REGISTRATION HERE

 

LAWASIA Employment Law Forum 2019

DATE:  25 – 26 January, Denarau, Fiji

VENUE:  Sofitel Fiji Resort & Spa

WEBSITEhttps://fiji2019.com/

THEME: ‘Balancing Employment Law Rights & Obligations’

REGISTER NOW

ABOUT THE FORUM:

This 1 ½ day LAWASIA Employment Law Forum will offer a topical, practical and intensive program, providing lawyers in the region, particularly in Fiji and the South Pacific, a unique opportunity to expand their knowledge of employment law.

The forum will examine a range of topical national and cross-border issues of relevance to legal practitioners now and into the future. A line-up of speakers from the host jurisdiction of Fiji and the Asia Pacific will share information and expertise on subjects including:

  • Migrant labour issues: the rights of migrant workers and the obligations of employers;
  • Model clauses for employment agreements: exploring uniformity of employment terms in national and transnational employment
  • Employment law Implications of mergers and acquisitions;
  • Disciplinary investigations: the need to be both effective and fair;
  • Social media, privacy and employment: balancing rights where business information is involved.

Please visit the forum website to register and for more information on travel, accommodation and the full program.

Legal Laneway Breakfast 2019 - Early bird registration now open

Wednesday 6 February 2019
8:00 am – 9:00 am 

Victoria Law Foundation's 16th Annual Legal Laneway Breakfast brings together Victoria's diverse legal sector to celebrate the start of the legal year.

It's your chance to rub shoulders with some of Victoria's most important legal minds, network with colleagues from across the legal sector and soak up the atmosphere in Melbourne's iconic Hardware Lane.

In addition to hearing from our distinguished guests you can

  • Enjoy delicious breakfast bites sourced from local cafes and restaurants
  • Catch up with colleagues from across the sector
  • Take part in the raffle to win some great prizes
  • Donate art supplies to a worthy program
  • Buy a coffee from one of the local cafes
  • Enjoy soulful music provided by Shane de Krester
14th Annual Australian College of Strata Lawyers Strata Law Conference

Australian College of Strata Lawyers – www.acsl.net.au

2019 Conference Program and Registration

Gain both valuable information and inspiration through 22 content rich sessions by attending the 2019 Strata Law conference in Auckland, New Zealand

Wednesday 27 February – Friday 1 March 2019

Early Bird Registration is on offer.  See attached for program and registration details

 

Judges: Angry? Biased? Burned out?

The National Judicial College of Australia and the Australian National University will present their annual conference on 2nd & 3rd March, 2019 at the Australian National University campus in Canberra.

This conference brings together members of the Judiciary, academics, policy makers and experts in fields such as psychology to consider current issues and challenges in the Australian justice system. The program will examine the experience of emotion and bias in the court room, including the way in which judges engage emotionally with their work; the impact that this can have and what measures may be taken to alleviate these impacts.

Click here for more information and to register.

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.  
 

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

SAVE THE DATE: 2020 HAL International Legal Conference, Greece

The Hellenic Australian Lawyers Association (HAL) is delighted to be hosting a second International Legal Conference in Rhodes, Greece from 5-10 July 2020. Please save the date for what promises to be a memorable conference.

Registrations will open in May 2019 for the conference. Further details will be posted on the HAL website www.hal.asn.au in February 2019.

Careers & Opportunities
2019 John Koowarta Reconciliation Law Scholarship

Closing date for applications is 30 November 2018.

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. 

External Junior Counsel Panel 2018 - 2020

The CDPP invites junior counsel to apply to be appointed to the External Junior Counsel Panel for up to two years: 2018-2020.

The application process is an opportunity for new counsel to join an existing four year Panel that was established in 2016 and will be in place until 2020.

The Panel approach allows the CDPP to boost the number of junior counsel briefed, improve gender equity in our briefing practices and create a quick and easy application process for counsel seeking to be briefed. Further, by having a Panel which is reviewed every four years, the CDPP can ensure that the advocates it briefs have up-to-date and relevant experience to undertake prosecution work for the CDPP.

Please find attached factsheet here.

Applications will open on 12 November 2018 and close on 9 December 2018, and must be submitted via our website—www.cdpp.gov.au

Counsel currently on the Panel need not apply, however they may take this opportunity to update their details and work experience via our website —www.cdpp.gov.au

For further information, please email counselpanel@cdpp.gov.au.

InBrief Submissions - please email to: inbrief@vicbar.com.au 
Deadline for the next issue:5pm, 6th December 2018