In Brief Issue #897

Tuesday 29 January 2019 in Melbourne

Ecumenical Service
The Scots’ Church, corner Russell and Collins Streets, Melbourne, at 9 am – robing from 8:30am (room directions will be sent to the email on your RSVP); procession assembles at 8:45 am; followed by morning tea. This is the first time (since inception of the Anglican/Ecumenical Service in 1946) this has been hosted by The Scots’ Church; Preacher Revd Richard O’Brien; Choir directed by Douglas Lawrence OAM.                                      

RSVP to Ross Nankivell nankivell@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 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. Access to Justice: Justice Jane Dixon, Richard Frankland (Aboriginal activist, singer/songwriter, author and film-maker); Sam Elkin (LGBTIQ Outreach Lawyer); and “Amran” (performance poet).”

Click here to view the event program

RSVP to Campbell Thomson campbellthomson@vicbar.com.au

Robes are not worn.
 

Wednesday 6 February 2019 in Melbourne

Victoria Law Foundation Legal Laneway Breakfast
Corner Hardware Lane and Little Bourke St at 8 am.

RSVP (bookings essential) https://www.eventbrite.com.au/e/victoria-law-foundation-legal-laneway-breakfast-2019-tickets-52031935921

Upcoming CPD events:

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

• Overlap Between Criminal & Immigration Law
• Victorian Heads Of Jurisdiction Present On Emerging Areas Of Practice
• Confidentiality in Mediation
• How Do I Tender That? Getting Evidence Before The Court

A new entrance experience is currently under construction in 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:-

• Extension of the gallery and available hanging area with the removal of the central control room,
• Relocation and a new modern design meeting and concierge area,
• Modern way finding and signage,
• A memorial wall to honour members that have served for our country.

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.

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

Following a number of recent enquiries, the Ethics Committee reminds members of Rule 46 of the Uniform Conduct Rules, which provides:

“A barrister may not make a payment or gift to any person by reason of or in connection with the introduction of professional work by that person to the barrister.”

The rule is not limited to future work nor to a particular brief.

Gifts or payments made to solicitors or others who have introduced work to a barrister contravene the rule if they are given by reason of or in connection with the introduction of professional work.

It is the view of the Committee, that gifts or payments may be contrasted with, for example, a cup of coffee purchased for instructors or clients as a courtesy, or a lunch at the end of a trial to thank instructors for their work or to celebrate a victory, or gifts for friends unconnected with the provision of work to the barrister.

The Committee has no power to grant dispensations in relation to the operation of the Rule.

Counsel should bear the rule in mind when determining whether and in what circumstances they may in the future make gifts to instructors and others who provide or refer work to them.

If Counsel wish to seek clarification in relation to the operation of the rule to their individual circumstances they can contact the Committee at ethics@vicbar.com.au

Dated: 14 December 2018
R N Annesley QC
Chair Ethics Committee

Please find attached Barristers’ Chambers Limited’s Annual Report including the Chairman’s Report for financial year ending 2018.

To view, click here.

Being an advocacy instructor is an important contribution to the profession and provides invaluable learning opportunities and improvement in ones’ own advocacy skills.

The workshop is the first step in a program of instructor training. The Bar’s Instructor training and development program is available on request.

There are no costs associated with this workshop.

WHO SHOULD ATTEND

Barristers with a reasonable amount of experience in witness handling, in whatever jurisdiction, are encouraged to participate.

DATES and TIMES

Introduction Session: Friday 22 February 2019, 5.00pm – 7.00pm

Workshop: Saturday 23 February 2019 8.30am – 5.30pm

VENUE

Level 1, Owen Dixon Chambers East, 205 Williams Street

CPD POINTS
This workshop is a component of the Victorian Bar CPD Program and will carry 10 CPD points.

REGISTRATION
Numbers in this workshop are limited.
Register online via the Upcoming CPD’s member page

The Bar Readers Course Committee has established a Panel to conduct a review of the Victorian Bar’s entrance exam. The Review Panel is chaired by Dr Sue McNicol QC and comprises various members of the Bar and a judicial representative. 

The Review Panel is considering: 

1. The existence and/or retention of the exam
2. What refinements/improvements should be made to the entrance exam's content
3. Whether any changes should be made to the entrance exam's form and manner of conducting the exam (including whether it should be administered electronically, or wholly open book, or partially open book)
4. The appropriate mechanism to address the ‘overhang’ of candidates in years where the number of successful candidates exceeds the number of Readers Course places available.

The Review Panel intends to report to the Readers Course Committee and ultimately the Victorian Bar Council by mid-2019. After considering the written submissions received, the Review Panel may invite authors to make oral submissions to the Panel.

Members of the Bar, Judiciary and the legal profession are invited to provide written submissions to the Review Panel on the above issues.

CLICK HERE TO MAKE YOUR SUBMISSION

Submissions can be made until COB on 20 February 2019.  

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

The Essoign Club has re-opened its doors for 2019 and we look forward to a wonderful year ahead with our members.

The myki Commuter Club has updated its pricing for 2019. If you are looking to renew your myki please find the renewal form here.

If you would like to sign up find the details and registration form here.

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 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:

www.federalcircuitcourt.gov.au

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. Practitioners who regularly file documents with the Supreme Court are strongly recommended to watch the Court's RedCrest information video to familiarise themselves with RedCrest and its features. For more information, and to view the video, please refer to the Court’s website.

Expressions of Interest

The Attorney-General, the Hon Jill Hennessy MP, seeks expressions of interest from persons with knowledge of, or experience in, child welfare matters, for appointment as ordinary members of the Review and Regulation List (RRL) of VCAT. It is anticipated that sessional appointments to the RRL will be required within the next 12 months.

Victorian Civil and Administrative Tribunal (VCAT) members are appointed for a period of seven years by the Governor in Council on the recommendation of the Attorney-General.

The RRL has jurisdiction under a number of Acts to review administrative decisions. Successful applicants would be appointed to hear proceedings under sections 42, 118, 158 and 333 of the Children, Youth and Families Act 2005, such as a decision made under or in relation to a child care agreement.

Applicants should demonstrate a high level of integrity, sound judgement, interpersonal skills, technical expertise, and a capacity to make fair decisions quickly. Applicants must also be aware of, and sensitive to, the diversity of backgrounds and life experiences of VCAT users, and the need to communicate effectively and courteously with all users. A commitment to the use of technology and participation in ongoing professional education will be viewed favourably. Excellent communication skills are essential, and skills in mediation are also valuable.

Applicants from a range of backgrounds are encouraged to apply.

All expressions of interest are treated confidentially and may be drawn upon on an ongoing basis as vacancies arise.

How to apply

Expressions of interest should be submitted via the Get on Board website (getonboard.vic.gov.au – click on ‘vacancies’ and then ‘Victorian Civil and Administrative Tribunal (VCAT) Members’), and should include a resume and a completed ‘VCAT Expression of Interest’ form.

Previous applicants who have already lodged an expression of interest via the Get on Board website will be considered, but may submit a new or updated expression of interest if desired.

All expressions of interest must be received no later than midnight on 13 February 2019.

Expressions of Interest

The Attorney-General, the Hon Jill Hennessy MP, seeks expressions of interest from Victorian paramedics registered under the Health Practitioner Regulation Law Act 2009 for appointment as ordinary sessional members of the Review and Regulation List (RRL) of VCAT. Sessional appointment of paramedics to the RRL are required as a consequence of the recent inclusion of paramedics as a health profession regulated by the Health Practitioner Regulation National Law.

Victorian Civil and Administrative Tribunal (VCAT) members are appointed for a period of seven years by the Governor in Council on the recommendation of the Attorney-General.

The RRL has jurisdiction under a number of Acts to review administrative decisions. Successful applicants would be appointed to determine matters in relation to decisions by the Paramedicine Board of Australia about registration, such as a decision to refuse an application for registration.

Applicants should demonstrate a high level of integrity, sound judgement, interpersonal skills, technical expertise, and a capacity to make fair decisions quickly. Applicants must also be aware of, and sensitive to, the diversity of backgrounds and life experiences of VCAT users, and the need to communicate effectively and courteously with all users. A commitment to the use of technology and participation in ongoing professional education will be viewed favourably. Excellent communication skills are essential, and skills in mediation are also valuable.

Applicants from a range of backgrounds are encouraged to apply.

All expressions of interest are treated confidentially and may be drawn upon on an ongoing basis as vacancies arise.

How to apply

Expressions of interest should be submitted via the Get on Board website (getonboard.vic.gov.au – click on ‘vacancies’ and then ‘Victorian Civil and Administrative Tribunal (VCAT) Members’), and should include a resume and a completed ‘VCAT Expression of Interest’ form.

Previous applicants who have already lodged an expression of interest via the Get on Board website will be considered, but may submit a new or updated expression of interest if desired.

All expressions of interest must be received no later than midnight on 13 February 2019.

On 15 January the Legal Services Council made a new Barristers’ Conduct Rule (101A) to replace r 101n. The effect of r 101A is to reduce the period of prohibition on a barrister appearing before tribunals of which they were formerly a member, from five years to two; and to limit the retrospectivity of the prohibition.

You will find the details on our website.

24 January 2019

The Council today released a report on examining the number of people sentenced in 2017-18 for committing a serious offence while serving a community correction order.

The report also examines the:

·        rate of offending
·        types of serious offences committed
·        gender and age of people who committed the serious offences
·        percentage of people who were on a community correction order that had been combined with a sentence of imprisonment and
·        time from the start of the community correction order to the commission of the first serious offence.

This is the Council’s second report prepared to fulfil a requirement under the Corrections Act 1986 (Vic) to report annually on convictions for serious offences committed by people on community correction orders.  

The report’s findings for 2017-18 are remarkably consistent with 2016-17.

The Council has also made available a complete list of serious offences current between 16 January 2012 and 30 June 2018.

Serious Offending by People Serving a Community Correction Order: 2017-18 is available for download from the Council's website at the following address: https://www.sentencingcouncil.vic.gov.au/publications/serious-offending-people-serving-community-correction-order-2017-18

The Australian Bar Association (ABA) will host its biennial international conference in Singapore: Convergence 2019, 11 - 12 July. More information is available here.

• Sponsored by Singapore Airlines: 9-20%* off best available Economy, Premium Economy, Business and First-Class fares for delegates and their families
• Staying and conferencing at the Andaz Singapore (Hyatt)
• Gala dinner: Fullerton Bay Hotel’s Clifford Pier
• There will be excellent Partner and half-day Family Programmes available
• Return flights to Singapore and beyond: Europe, America, Asia
• The first 100 passengers flying on Singapore Airlines will receive a status match for eligible Gold Frequent Flyer delegates who can become KrisFlyer Elite Gold members.
• Lower fare levels already booking out!

Accommodation and airfare bookings now available!  Email mice@spencertravel.com.au to take advantage of these exclusive offers.

*depending on the class of travel and booking class available at the time of booking

Date: Monday 4 February 2019

Time: 5 -7.30pm

Venue: Deakin Downtown, Tower 2, Level 12, 727 Collins St Melbourne, VIC 3008

Meet academics from Deakin Law School and Deakin Business School to find out everything you need to know regarding courses of interest, careers and study in a friendly environment.

Choose from a range of keynote sessions on the night and find out how our postgraduate courses can arm you with the skills, knowledge and practical experiences you need to reach your goals.

Register now www.deakin.edu.au/bl-pg

Thursday 7 February, 1.15pm-1.45pm

The first Switch On session for 2019 presents an overview on how to identify authoritative resources for case law and legislation. This session will: demonstrate how to identify court authorities when looking at parallel citations; provide an understanding of abbreviations; instruct on how to locate report series using abbreviations; and highlight authoritative websites for legislation. Learn what the best free resources are and the resources that are available through the Library's collection. This is a great session to kick off the new year and be reminded of some of the important legal research basics. Ideal for new law graduates, seasonal clerks, junior barristers and anyone needing a quick refresher. 

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

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

In February 2019, BottledSnail will stage its next major theatrical production, The Laramie Project. This incredibly moving and thought-provoking play by Moisese Kaufman and the Tectonic Theatre Project will be performed at Chapel Off Chapel in Prahran.

Dates

21 February 2019 - 2 March 2019

About

In October 1998, on the outskirts of Laramie, Wyoming, a 21-year-old gay college student named Matthew Shepard was savagely beaten, tied to a fence and left to die in the freezing night. The murder became a watershed historical moment in civil rights in America.

In the aftermath of Matthews’s death, members of a New York theatre company travelled to Laramie and, over the course of 18 months, conducted more than 200 interviews with residents of the town. Using  interview transcripts, court documents and media reportage as source material, they created The Laramie Project, a play that chronicles how the community grappled with the hate crime.

Directed by Nicky Neville–Jones, The Laramie Project is presented by BottledSnail Productions, a not-for-profit production company run by and for legal professionals. Established in 2013, the company has produced more than 27 creative projects with over 350 legal professionals, ranging from full scale theatre productions to lunchtime concerts. They have helped raise over $45,000 for charity, including the Tristan Jepson Memorial Foundation.

Book tickets

2019 Courses

• Do you ever find yourself in difficult conversations? Come and join one our programs.
• Do you need mediation accreditation or reaccreditation? Enrol in our next course.
• Are you wanting to extend and enlarge your mediation skills? Come and take one of our Mediation Masterclasses.
• Do you need training or support in conflict management, decision making or listening skills? Get in touch with us.

This year’s scheduled programs are listed below. We look forward to assisting you in 2019.

February 25, 26 and 27
Mediation Master Class - 3 Days

March 18-20 and 25-27 
National Mediator Accreditation - 6 Days

March 4, 5 and 6 *New*
Facilitated Conversations - 3 Days

Visit our website www.cynglerconsulting.com for more information and to register.

The National Judicial College of Australia and the Australian National University will present their annual conference on 2^nd & 3^rd 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.

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.