Silks’ Bows
Yesterday, our 25 newest silks took their bows in ceremonial sittings of the Supreme Court, the Federal Court and the Family Court, in the presence of many members of the judiciary and our Bar, as well as their families and friends.
In the Supreme Court ceremony, Chief Justice Ferguson reminded the new silks that their appointments come with increased responsibilities, in terms of the matters in which they will appear and advise, as well as their obligations to their colleagues and the broader profession. Her Honour stressed the importance of ensuring that silks give meaningful speaking roles to their juniors and emphasised that they will be welcomed by the Court when they do so, and spoke of the obligation on silks to have regard to the full array of talent at the Victorian Bar when recommending juniors, including in particular women and barristers from culturally and ethnically diverse backgrounds.
The institution of silk dates back to around 1594, when Queen Elizabeth I named Sir Francis Bacon as “learned counsel extraordinary to Her Majesty”. In 1604, King James I issued Sir Francis with letters patent, which came in those days with an annual stipend. Originally a retainer binding counsel not to act against the Crown, the honour became, in the 18th century, a mark bestowing rank and precedence on individual barristers. The first silks were appointed in Victoria on 10 August 1863. At the time, the practice was that silks were forbidden from appearing in inferior courts, drawing pleadings or generally undertaking work reserved for members of the junior Bar.
I again congratulate our newest silks, who I know have felt overwhelmed (in a good way) by the well wishes that have been extended to them since the announcement of their appointments by members of the judiciary and the profession.
Now, however, back to work…!
Back row: Scott Smith, Francis O’Loughlin, Justin Hannebery, Diana Piekusis, Dr Andrew Hanak, Tomo Boston, Raymond Gibson and Jennifer Firkin
Middle row: Richard Dalton, Fiona Forsyth, Dr Michael Rush, Eugene Wheelahan, Dr Catherine Button, Anthony Strahan, Andrew Palmer, Frances Dalziel, Elizabeth Brimer and William Lye OAM
Front row: Christopher Archibald, Cam Truong, Peter Rozen, Andrew Ingram, Juliet Forsyth, David McAndrew and Colin Mandy
Bar Committees for 2019
The final Bar Council meeting for the year was held last night. Membership of almost all Bar Committees for 2019 was decided at that meeting. Applicants will receive the results of their applications shortly.
Thank you to all members who put in expressions of interest to serve on Bar Committees. The Bar Council relies very much on the preparedness of members to volunteer their time to do the important work undertaken by Committees, and such is the talent and professionalism of our Bar that we are never short of volunteers.
Populating the Bar’s Committees each year is a time-consuming and difficult task. The Bar Council has been careful to try and balance, among other matters, continuity and refreshment of membership of committees; the skills of candidates for the available places as disclosed by their expressions of interest; a fair spreading of the limited spaces among as many members of the Bar as possible; appropriate gender, cultural and other diversity of membership; a spread of seniorities; and adherence to the requirements of the Charters of each Committee.
To give you some idea of the magnitude and difficulty of the task, here are some statistics:
If you have been appointed to a Bar Committee, congratulations, and expect to be called upon to make a contribution. If you were not appointed to a Bar Committee, I hope the above information assists in understanding the difficult task that was faced by Bar Council. Either way, I thank you for your preparedness to serve the Bar.
BCL Board
At its meeting on 28 November 2018, the Bar Council resolved to make a number of changes to the Board of Barristers’ Chambers Ltd.
I am pleased to inform members that, with effect from 8 December 2018, the BCL Board is constituted as follows:
Thanks on behalf of the Bar go to Paul Anastassiou QC, who has been Chair of BCL for the past year, and who has resigned in order to take up his appointment from 1 February 2019 as a Judge of the Federal Court of Australia; Jack Fajgenbaum QC, who has served as a director of BCL for nine years and, in that time, made a remarkable contribution; and Alice Williams, who has served as an external (non-barrister) director since July 2015.
ABA Singapore Conference—11-12 July 2019
What better present could we give ourselves than a full set of CPD points, a couple of days at the Andaz Hotel, flights at promotional rates and a partridge in the option of a tropical or European summer holiday in your winter break?
For all that, you need only to commit to next year’s conference of the year, the ABA’s conference in Singapore from 11-12 July 2019.
Although the conference focus is on general litigation skills, there will be special tax, arbitration and mediation streams. All of the presenters will be leaders of the profession, including Chief Justice Kiefel. The conference promises to be interesting and highly relevant to day-to-day practice.
Click here for conference, accommodation and promotional flight details, or see the notice below. Now is the time to register.
Swearing in and welcome for Alstergren CJ and McClelland DCJ
On Monday, it was an honour to speak in the Family Court on behalf of the Australian Bar Association, the Victorian Bar, the other Independent referral bars of Australia, the Family Law Section of the Law Council of Australia and the Family Law Bar Association at the ceremonial swearing in and welcome for Chief Justice Alstergren and Deputy Chief Justice McClelland.
It was a star-studded event. The Court was addressed by Commonwealth Attorney-General the Hon Christian Porter MP, me and Doug Humphreys OAM, the President of the NSW Law Society. In attendance, among many others, were her Excellency the Hon Linda Dessau AC, Governor of Victoria and Tony Howard QC; the Hon Susan Kiefel AC, Chief Justice of the High Court; the Hon James Allsop AO, Chief Justice of the Federal Court of Australia; the Hon Anne Ferguson, Chief Justice of the Supreme Court of Victoria; the Chief Justices or their representatives from all interstate Supreme Courts; the Hon Mark Dreyfus MP, Commonwealth Shadow Attorney-General; many other distinguished members of the judiciary; and a packed court room full of barristers, solicitors and friends of the new Chief and Deputy Chief Justices.
There is a link to my speech here.
Other Welcomes
Thank you to Sam Hay for representing the Bar at the ceremonial welcome for Magistrates Alanna Duffy and Timothy Hoare in the Melbourne Magistrates’ Court on Wednesday. Sam’s speech can be read here.
Expressions of Interest for VicBar website review
Expressions of interest are sought for a small team of members interested in reviewing the Victorian Bar Website with a view to making recommendations as to content, navigation and ease of use.
EOIs and enquiries to Liz Ingham at the Bar Office: elizabeth.ingham@vicbar.com.au / 9225 6947.
In other news…
As always in the lead-up to the end of the year, there were many events around the traps this week, including functions for new silks and the launch of the latest edition of the Victorian Bar News on Wednesday night—by the way, a great looking edition, and a great summer read: my thanks on behalf of the whole Bar go to the outstanding work of the editors and committee.
Behind the scenes this week, I met with the new BCL Chair John Karkar QC and CEO Paul Clark. I also met with the Chief Justice of the Supreme Court, representatives of the Professional Standards Councils to discuss the Bar’s Professional Standards Scheme (more information about that below), representatives of the Workplace Gender Equality Agency, the Judges of the Victorian Registry of the Federal Court to present the results of the Bar’s Health & Wellbeing Survey, and representatives of the Essoign Club. I also continued a series of one-on-one meetings with members of Bar Council to discuss priorities in 2019.
Merry Christmas / Happy Hanukkah* / Seasons Greetings
So endeth my final ‘President’s Message’ for the year. I have asked the editors to replace me with something tasteful next week.
My thanks to Wendy Harris QC and Simon Marks QC who will take turns as Acting President as various times during my annual leave over the next few weeks.
In my absence, all enquiries for the President should be directed to the Victorian Bar office on 9225 7111, vicbar@vicbar.com.au.
Could I take this opportunity to wish all members the very best for the summer period. As our health and wellbeing survey showed so graphically, our work, while very rewarding, is hard and stressful. Regular breaks are indispensable if we are to maintain good mental health and connect with loved ones and friends. I look forward to seeing you all on the other side of the break.
* Yes, I know, Hanukkah finished on 10 December, please don’t email me about it.
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 closes today 14 December 2018.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
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 14 December 2018)
The Victorian Bar is proud of its long association with the Professional Standards Councils. The Bar’s current Professional Standards Scheme, which was approved by the Councils in 2014, will expire on 30 June 2019.
Earlier this year, the Victorian Bar applied to the Councils for approval of a third Scheme. If approved, the third Scheme will operate from 1 July 2019 to 30 June 2024.
The Bar’s past and current Professional Standards Schemes have protected consumers, by demanding high levels of professional standards by members of counsel. Continuing to operate under a third Scheme will bind the Victorian Bar to continuing to monitor, enforce and improve professional standards, including by continuous improvement of our risk management strategies and initiatives, thereby protecting consumers of the legal services offered by counsel by strengthening and expanding professionalism throughout the Victorian Bar.
I am pleased to advise members that the Councils have approved the third draft Victorian Bar Professional Standards Scheme for public notification. It will be published on the website of the Professional Standards Councils together with an accompanying public consultation document. The notification will also be published in The Australian on 14 December. The third draft scheme and public consultation document can be viewed on our Professional Standards Scheme page or via the links below:
Third Draft Scheme (1 July 2019 to 30 June 2024)
Members and the public are directed to forward any comments or submissions regarding the third draft Scheme to the Chief Executive Officer, Professional Standards Councils, by 11 January 2019. The Professional Standards Councils are located at Level 2, St James Centre, 111 Elizabeth Street, Sydney, NSW, 2000. The email address is pscinfo@psc.gov.au and the telephone numbers are 1300 555 772 / (02) 8315 0800. The Professional Standards Councils have advised that comments and submissions received will be public, unless confidentiality is specifically requested.
I commend the third draft Scheme to members. Participation in the Professional Standards Scheme provides an assurance to our clients that the Victorian Bar and participating members are committed to the highest standards in the provision of competent and ethical services.
Dr Matt Collins QC
President, Victorian Bar
We are delighted to announce a new entrance experience is coming in the new year to Owen Dixon Chambers East – the original home of the bar.
Led by Peter Jopling AM QC, Chair of the Art & Collections Committee, in collaboration with Barristers’ Chambers Limited and Carr Design, the concept is complete with the revitalisation of a welcoming entrance and extension of the Art Gallery in one of our busiest and historical chambers.
After an extensive program of research, design, care and consideration the design has been complete with works commencing in the middle of January, 2019 and will include:-
A memorable unveiling is planned and we look forward to sharing more in further communications from BCL and the Victorian Bar, and included in, In Brief. A visual concept board will be set up in the foyer in December.
The program of work will take approximately 6-8 weeks to complete from 14 January, 2019. BCL will communicate directly with all tenants with regards to any planned disruptions (if any) during this time.
Peter Jopling AM QC & Barristers’ Chamber Limited
Ecumenical Service and Ceremonial Sitting of the Supreme Court
Christ Church Anglican Church, 57 McKillop Street (corner Moorabool and McKillop Streets), Geelong at 8:30 am – procession assembles at 8:25 am; followed by the ceremonial sitting of the Supreme Court in the Law Courts at Geelong at 10 am; then morning tea at the Law Courts at the 10:30 am. Click here to view the flyer
Judges and Counsel robe (without wigs) and medals are worn.
Ecumenical Service
The Scots’ Church, corner Russell and Collins Streets, Melbourne, at 9 am – procession assembles at 8:45 am; followed by morning tea.
RSVP 21 January 2019 to rsvp@vicbar.com.au
Judges and Counsel robe (without wigs) and medals are worn.
Red Mass
St Patrick’s Roman Catholic Cathedral at 9 am – procession assembles 8:45 am; followed by morning tea with Auxiliary Bishop Emeritus Peter Elliott in the Cathedral Presbytery. Click here to view the flyer
RSVP 15 January 2019 to Lisa Edwards lisa@mcfarlanelegal.com.au or 9602 5440
Judges and Counsel robe and medals are worn.
Eastern Orthodox Service
St Eustathios Greek Orthodox Church at 9 am – procession assembles 8:45 am; followed by morning tea with Their Graces Bishop Ezekiel and Bishop Iakovos. Click here to view the flyer
Judges and Counsel robe (without wigs) and medals are worn.
Synagogue Service
The East Melbourne Synagogue (The East Melbourne Hebrew Congregation), 488 Albert Street, East Melbourne at 9 am – no procession; followed by morning tea.
Judges and Counsel robe (without wigs) and medals are worn.
International Commission of Jurists Community Opening
Waldron Hall, County Court of Victoria at 9 am.
RSVP 21 January 2019 to Campbell Thomson campbellthomson@vicbar.com.au
Robes are not worn.
Victoria Law Foundation Legal Laneway Breakfast
Corner Hardware Lane and Little Bourke St at 8 am.
RSVP 23 January 2019 (bookings essential) https://www.eventbrite.com.au/e/victoria-law-foundation-legal-laneway-breakfast-2019-tickets-52031935921
An exhibition of watercolours by Peter Kennedy opened last Friday 7 December in the Essoign Club.
Tate Britain recently bought a major work by Kennedy. His art is held in all major public collections in Australia.
These watercolours from the 1990s have not previously been exhibited.
They are variously a requiem for the end of history and landscapes depicting Merimbula and the Glasshouse Mountains.
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 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.
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
Don't miss out on these exclusive member deals for December with some great offers for the holiday season.
Having recently trialled an earlier starting time of 10:00am for Full Court sittings the Justices of the High Court have adopted the earlier starting time as a permanent practice.
Other than on the last day of the sitting week, for all Full Court sittings the Court will from 10:00am and will adjourn at 11:15am, reconvening at 11:30am.
For the last sitting day of each week (Friday in week one and Thursday in week two) the sittings will commence at 9:45am, with a break at 11:00am, reconvening at 11:15am.
The Magistrates’ Court of Victoria (MCV) new website will go live in December 2018. The website has been redeveloped in response to the Access to Justice Review.
MCV’s website URL is also changing to www.mcv.vic.gov.au. All current bookmarks and links from www.magistratescourt.vic.gov.au will be redirected to the new website. You are encouraged to update any previous links and bookmarks to specific pages from Thursday morning.
Take a sneak peek at the MCV website before launch by visiting http://mcv.uat.webplace.com.au/
Information for legal practitioners
The Victorian Legal Services Board has launched its 2019 Grants Program funding round.
The Board’s priority theme for 2019 will be 'Designing Justice Differently: Using Human-Centred Design and Technology'. The theme aims to stimulate new ways of thinking to achieve change in some of the seemingly intractable legal and social problems that face society and the legal sector.
‘Human-centred design’ is a framework that helps develop solutions to problems by approaching them from the point of view of those experiencing the problems. It provides opportunities for service and system reforms that remove the barriers which vulnerable people experience.
The Board is looking to fund human-centred design and/or technological projects that interrupt, streamline or change legal services and the justice system to improve access to justice.
For more information visit the Board's Grants page.
The Judicial College has published County Court sentencing summaries for the year 2017.
They provide a short summary of the offending and offender details, categorised by type of offence and arranged by severity of sentence.
The sentencing summaries are part of the Victorian Sentencing Manual. The manual also includes Victorian Court of Appeal sentencing summaries, which are updated every fortnight.
These Amendment Rules of Court, signed by the Justices of the High Court of Australia on 3 December 2018, are made by the Justices under the Judiciary Act 1903, the Commonwealth Electoral Act 1918, the Nauru (High Court Appeals) Act 1976 and the High Court of Australia Act 1979.
Schedule 2 of the High Court Rules 2004 specifies the amount which solicitors, who are entitled to practise in the High Court, may charge and be allowed on taxation of costs by the Taxing Officer of the Court in respect of proceedings in the Court. The amounts in the Schedule were last varied by the High Court Amendment (Fees) Rules 2017 F2017L01459 made on 6 November 2017, and which came into operation on 1 January 2018.
The Joint Costs Advisory Committee (JCAC) was established in 2007 to review annually and recommend variations in the quantum of costs contained in the Rules made by the High Court of Australia, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia. It comprises representatives of those courts. In conducting its reviews, the JCAC applies a formula which has regard to movements in wages and salaries and other costs of solicitors’ practices.
In its 2018 annual review, the JCAC wrote to the Commonwealth Attorney-General’s Department, the Law Council of Australia, the National Association of Community Legal Centres and National Legal Aid inviting them and their respective constituent bodies or State and Territory counterparts to make submissions to the review. A notice of the review was also placed on the website of each court. Following its annual review, the JCAC provided a report in September 2018 to the High Court of Australia, the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia recommending an increase of 2.1% to the solicitors’ costs provided for in the Rules of each Court. Issues raised in consultations were addressed in the report.
The Court has agreed to the recommendation of the Committee for an increase of 2.1% to the solicitors’ costs as set out in Schedule 2 of the High Court Rules 2004, which is to come into operation on 1 January 2019 and will apply in respect of all work done and services performed by solicitors after 31 December 2018.
Section 9 of the Legislative Instruments Act 2003 provides that Rules of Court made for the High Court of Australia are not legislative instruments for the purposes of that Act. The Human Rights (Parliamentary Scrutiny) Act 2011 does not apply to any such Rules of Court and no statement of compatibility for the purposes of that latter Act is included in the Explanatory Statement.
The Chief Judge has approved a new national Practice Direction (copy attached) which applies to family law proceedings in the Federal Circuit Court.
This Practice Direction commences 1 January 2019.
The Practice Direction will be available on the Federal Circuit Court’s website:
International Legal Ethics Conference 2018
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
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
DATE: 25 – 26 January, Denarau, Fiji
VENUE: Sofitel Fiji Resort & Spa
WEBSITE: https://fiji2019.com/
THEME: ‘Balancing Employment Law Rights & Obligations’
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:
Please visit the forum website to register and for more information on travel, accommodation and the full program.
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
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
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.
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.
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.
Join us in sunny Malta for a 3 day conference – registration fee includes:
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 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.