In Brief Issue #898

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

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.  

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.

The Victorian Bar has been invited to nominate a representative to a new committee to review the County Court Criminal Procedure Rules.

The Bar is calling for Expressions of Interest for the position from currently practicing members who have extensive knowledge of the criminal rules.    

A letter from the Court with a detailed description of the role, including timing and expected workload can be viewed here.

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

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

• extensive, up to date knowledge of the criminal rules;
• experience, if any, with stakeholder consultation;
• contribution in a similar capacity with other bodies.

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

The closing date for Expressions of Interest is Friday 8 February 2019 at 4pm.

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.

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.

A number of Judges, members of the Victorian Bar and members of the Law Institute of Victoria will be attending the regular Sunday evening service of Choral Evensong at St Paul’s Anglican Cathedral, corner Flinders and Swanston Streets, Melbourne. The Service begins at 6 pm.

Although there will not be a Legal Procession, Judges and Counsel will robe and there will be a block of pews reserved for those members of the Profession attending this service.

Prayers will be offered for the Legal Profession in the General Intercessions.

RSVP Wednesday 6 February 2019 to Lestelle Murphy (Secretary to Mark Robins QC) lestelle@vicbar.com.au

Details of arrangements not yet finalised will be emailed to those who advise their attendance. 

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.

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

Refurbishments to the court house at Nhill to replace timber floors and sub-structure, provide disability access infrastructure construction, complete internal and external painting, repair termite infestation, construct external drainage and provide an external public toilet, are scheduled for the period of 11 February to 14 June 2019.

Owing to this, it is necessary to close the court house for all work, judicial and administrative, for this period. The purpose of this note is to advise of the closure and the transfer of all services to the court house at Horsham.

1. Until further notice, from 11 February 2019, the court house at Nhill will be closed
2. From that date, all of the judicial and administrative services conducted at Nhill will be conducted at the court house at Horsham.

In January 2019, the Legal Services Council (LSC) made a Uniform General Rule on Indexation to ensure the Victorian and NSW Legal Services Commissioners, and the Victorian Civil and Administrative Tribunal, maintain their jurisdiction to determine costs disputes in line with inflation. From 1 July 2019, the new rule, r 111 A of the Legal Profession Uniform General Rules 2015, will apply to ss 291-293 of the Uniform Law and s 99 of the Legal Profession Uniform Application Act 2014 (Vic).

You will find more information here.

The Law Library of Victoria provides high quality services to judicial officers, court staff, barristers and solicitors.

The Law Library is always looking for feedback and ways to improve the experience of library users and enhance the effective administration of justice in Victoria. We appreciate you taking the time to fill out this survey (5 minutes). Your answers and feedback will provide valuable information that will inform the development of a future service model for the Law Library.

Feedback in last year’s User Satisfaction Survey led to improvements to the Supreme Court Library public computers (reducing the need for passwords) as well as new software for developing research guides (for research education and training ) and we communicated more widely about our free photocopying.

The library survey can be found at https://www.surveymonkey.com/r/N7YZSLK

Victoria Legal Aid is inviting legal practitioners to participate in its rostered duty lawyer service at the Moorabbin Justice Centre.

The duty lawyer team provides high-quality services and contributes to positive, long-lasting change in the local community.

Find out more about the service and how you can apply.

Rewritten with new case studies, the Kits provide teachers with the resources to deliver a You be the Judge education session in secondary school classrooms. Students learn about the purposes and principles of sentencing and then apply sentencing law to a real case. They can then compare their sentences to the sentence the real-life judge imposed. The Kits include:

·        Years 9 & 10 cross curriculum (including Civics and Citizenship, English, Mathematics, Media Arts, and Digital Technology) – a Teacher Guide and two case studies: burglary and trafficking in a drug of dependence
·        Years 11 & 12 VCE Legal Studies – a Teacher Guide and three case studies: culpable driving, burglary, and cultivate a narcotic plant in commercial quantities.

Both the Years 9 & 10 case studies, and the burglary case study for Years 11 & 12 are based on cases from Council’s popular online application: Virtual You be the Judge. This allows integration of online, interactive audio-visual content into the classroom.

All materials have been reviewed and updated with sentencing statistics for the five years ending 30 June 2018, and with content and activities highlighting recent changes to Victorian sentencing law.

Quick Guide to Sentencing
The fifth edition of a Quick Guide to Sentencing contains an up-to-date summary of Victorian sentencing law. The Quick Guide covers the: who, when, where, what, and how of sentencing, and is written for an audience including secondary and post-secondary students, legal practitioners, journalists and people who work with or advise those affected by crime or involved in the criminal justice system.

The Quick Guide may be read alongside the Council’s recent publication, A Guide to Sentencing Schemes which provides an overview of the various sentencing schemes in Victoria, the offences they apply to, and their different commencement provisions.

All of these educational resources are now available from our website.

https://www.sentencingcouncil.vic.gov.au/news-media/news/major-revamp-council%E2%80%99s-educational-resources

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

2019 is the Year of the Pig! Join the AALA Victorian Branch for a delicious seated family-style Chinese banquet and learn about the zodiac animal calendar.  Also hear from Magistrate Charles Tan on his career journey and the importance of promoting cultural diversity in the law as well as the significance of the Lunar New Year to him.

To join us for this celebration, please click here to register. As places are limited, please register by no later than 5 Feb 2019.

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.