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In Brief Issue #900
15Feb
Bar Council Priorities for 2019 aka “What do my annual Bar subscription fees pay for?”
Bar Council met last Sunday for a strategy day to discuss and agree our priorities for the year. We have set ambitious goals for the coming months.
Key initiatives for the year, which sit apart from the day-to-day activities that Bar Council oversees, include (among others):
- continuing the Bar’s ongoing governance review, which this year will include putting a proposal to members for a package of reforms to the Bar’s Constitution;
- managing the Bar’s engagement with the Royal Commission into the Management of Informants;
- continuing an ambitious program of work aimed at increasing the direct briefing and early briefing of Counsel;
- an increased focus at Bar Council level on issues faced by members of the Criminal Bar, including engagement with government on measures to support our members who practice in the criminal jurisdiction and participation in the forthcoming law reform reviews concerning committal hearings and the law of contempt;
- a review of Barrister Connect and direct access arrangements for criminal work in the Magistrates’ Court;
- new diversity and inclusion initiatives, including an Australian-first gender pay gap analysis for barristers, and a heightened focus on cultural diversity and the difficulties faced by non-cis gendered barristers and barristers with disabilities;
- initiatives aimed at improving the health and wellbeing of members, drawing upon the lessons learned from last year’s Wellbeing at the Bar survey;
- continuing work commenced last year on reviewing the way in which referrals of pro bono requests from Courts and Tribunals are managed, including the launch of an innovative Pro Bono Portal, supported with funding from the Legal Services Board;
- commencing work on a new Strategic Plan to commence following the expiration of the current strategic plan in 2020; and
- a review, in conjunction with the Essoign Club Committee, of the operations and services provided by the Essoign Club.
Each of these initiatives, and others, will be led by working groups of the Bar Council who will draw on other resources within and outside the Bar, report to Bar Council, and be accountable for progress of each initiative. In all cases, Bar Council will be supported by our CEO, Katherine Lorenz, who leads and manages the administration and operations of VicBar.
The initiatives just outlined are in addition to the day-to-day activities undertaken by VicBar, with oversight by Bar Council.
The breadth of work which is overseen by the Bar Council as a matter of course, in the interests of the good management of the Bar would, I suspect, come as a surprise to members. Without pretending to be exhaustive, that work includes:
- the Bar’s AGM, approximately 12 Bar Council meetings per year, and regular meetings of committees of the Bar Council, including the Audit, Finance and Risk Committee, the Counsel Committee, and the Executive;
- the annual election, appointment of office bearers, appointment of committee members, preparation of an annual report, and other governance activities such as self-evaluation and review of charters;
- strategic planning including preparation and execution of a triennial strategic plan, against which all decisions of Bar Council are evaluated;
- appointment and evaluation of the performance of the Chief Executive Officer;
- preparation and/or review of regular reports to Bar Council and members, including the President’s report, the CEO’s report, reports of the activities of the Law Council of Australia and the Australian Bar Association, reports of the work of 20+ Bar committees and the Reconciliation Action Plan annual report;
- ongoing risk management, including approval and review of the Bar’s risk management framework and register, and constant monitoring of the Bar’s strategic, operational, reputational and business continuity risks;
- oversight of the Bar’s budget, including approval of the annual budget, setting of subscription fees, scrutiny of monthly financial reports and annual audited reports;
- contribution to policy debates at a State level, by the Bar itself or in association with the 12+ Bar Associations, and at the Commonwealth level via the Law Council of Australia and the Australian Bar Association;
- monitoring of internal policies, including conflicts of interest, conduct policies, Bar office policies, public engagement policies and so on;
- compliance functions, including associations compliance, regulatory compliance, professional standards scheme compliance, CPD compliance, and clerk compliance;
- management of the relationship between the Bar and BCL, including the appointment and removal of directors, and regular consultations between the executives of both bodies and between BCL and the Bar Council;
- active participation, as a constituent body, in the work of the Law Council of Australia and the Australian Bar Association;
- the Bar’s education functions, including the two readers’ courses and readers’ exams held each year and the Bar’s busy CPD program;
- managing membership matters, including fit and proper person inquiries, movements between divisions on the Bar roll, approval of readers to sign the Bar roll and mediator accreditations; and
- regular “stakeholder” engagement with a very broad range of people and bodies, including Courts and heads of jurisdiction, State and Commonwealth Attorneys-General and shadow Attorneys-General, the Legal Services Commissioner and Board, the Law Institute of Victoria, Victoria Legal Aid, the Victoria Law Foundation and many others.
For the benefit of members, and in the interests of transparency and accountability, we have published the 2019 Bar Council Calendar in the members section of our website.
I have not, in the above summary, touched on a range of other critical functions carried out in the name of the Bar, such as the work of the Ethics Committee, the work of the various Bar Associations, the work of the Bar’s many active committees, or the Richard Griffith Library.
VicBar is also managing other initiatives that I look forward to telling you more about as they reach completion this year, including the new pro bono portal, a pro bono video, a modernisation of the Bar’s Oral History and Women at the Bar content, support for all our events, big and small, education programs including two sets of Readers Programs and exams, CPDs including CPD In Session, the Indictable Crime Certificate, and support for the renewal of the Bar’s Reconciliation Action Plan.
Every speech, every submission on law reform affecting our members, every review of professional standards measures, every invitation, every letter, every In Brief, everything from the smallest notice in the lifts to the largest conference, is supported by VicBar.
Members often ask me (usually skeptically) about what value they get from the payment of their annual Bar subscription. I hope this potted summary gives some idea about just how much work goes on, often behind the scenes, to manage our remarkable college of 2,100 practising members of counsel.
Website Review Expressions of Interest close Thursday 21 February
The Bar Council is calling for members to offer to contribute to yet another project: a wholesale review of the content and navigation of the Vicbar website. We are looking to put together a large working group with diverse skills in order to complete the project, so please do consider volunteering your time. Ideal for grammar pedants, experts in plain English, and anyone who has ever visited a website and thought, “why can’t the Vicbar website be that good”? Further details in the notice below, or email elizabeth.ingham@vicbar.com.au. Expressions of interest will close next Thursday, 21 February.
Heads of Jurisdiction CPD
Photo left to right: Rebecca Howe, the Honourable Justice Quigley, the Honourable Chief Justice Ferguson, the Honourable Chief Judge Kidd and His Honour Chief Magistrate Lauritsen
Last week, 150 people attended a CPD seminar hosted by the Bar at which the Chief Justice of the Supreme Court, the Chief Judge of the County Court of Victoria, the Chief Magistrate of the Magistrates’ Court of Victoria and the President of the Victorian Civil and Administrative Tribunal explored topics including emerging practice areas, as well as highlighting those practice areas that are static or shrinking.
If you missed it, the video will be available for members in due course.
Thanks go to the very busy heads of jurisdiction for making themselves available for this fascinating CPD session.
Welcomes and appointments
Last Friday the Governor-General in Council appointed Her Honour Judge Jillian Elizabeth Williams, a Judge of the Federal Circuit Court of Australia, to be a Judge of the Family Court of Australia, assigned to the Melbourne Registry.
The Profession will extend a Welcome in Court 4A on Level 4 of the Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on Wednesday 27 February at 4.15pm.
Finally
Thank you to all the members who have taken the time to send messages to me and others in relation to the issues that will be the subject of the Royal Commission into Management of Informants, the Bar’s zero tolerance approach to sexual harassment, and the support mechanisms available to members and their families. If you missed last week’s edition of In Brief, it is available here.
An awards night to celebrate the significant pro bono contribution of Victorian barristers and the announcement of the winners of the 2019 Pro Bono Awards for legal services benefitting our Australian community and legal system during 2017 and 2018.
The Honourable Chief Justice Allsop of the Federal Court of Australia will be attending, along with guest speaker and host The Honourable Chief Justice Ferguson of the Supreme Court of Victoria.
Refreshments will be provided at the conclusion of the ceremony.
PRESENTED BY
The Victorian Bar Pro Bono Committee
SPEAKER
The Honourable Chief Justice Ferguson, Supreme Court of Victoria
Christopher J Horan QC – 2016 winner of the Victorian Bar Pro Bono Trophy
DATE
Wednesday, 20 February 2019
TIME
5:15pm - 7:00pm
VENUE
The Supreme Court Library
210 William Street
Melbourne VIC 3000
CLICK HERE TO REGISTER
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 having commenced in the middle of January, 2019 and 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
The Victorian Bar is proud to present the 2019 Lawyer's Mediation Certification Course. The course runs over 6 days in early May as an intensive and interactive educational experience. The participants will learn negotiation strategies, participate in a number of role-playing simulations, and receive personalised feedback from highly skilled mediation practitioners.
COST: $3075 (inc GST) for Members*
$3590 (inc GST) for Non-members
A discount of 10% is available to participants in the March 2019 or September 2018 Reader's Courses.
DATE: 3, 4, 5 and 10, 11, 12 May 2019, 8.30 – 18.00
WHERE: Owen Dixon Chambers East, Level 1, 205 William Street, Melbourne
CPD POINTS: 8 CPD points are available in the Ethics & Professional Responsibility; and Barrister Skills categories.
The Victorian Bar is proud to have amongst its members some of the most experienced lawyer mediation practitioners in the country. If you would like more information please click here, or register for the course please fill out the online form.
To celebrate International Women’s Day this year, WBA is excited to be partnering with VWL to present the Dame Roma Mitchell Memorial Lunch, featuring guest speaker Professor Gillian Triggs, former President of the Australian Human Rights Commission. The lunch will be held at The Hotel Windsor, 111 Spring St, from 12.30 to 2pm on Wednesday 6 March 2019. Tickets are $65 for members and $85 for non-members including a 2-course lunch. See attached invitation. We encourage all members to RSVP for this great event.
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 1 March 2019, 5.00pm – 7.00pm
Workshop: Saturday 2 March 2019 9am – 5pm
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:
- The existence and/or retention of the exam
- What refinements/improvements should be made to the entrance exam's content
- 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)
- 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.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
Supporting Oxfam Trailwalkers
Join us from 5pm on Friday 22 February at Melbourne Public, 11 Dukes Walk, South Wharf.
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.
Image Sharyn Madder
Millionaire’s Leap
Soft Pastel
You are warmly invited to view the current Art Exhibition at Studio 11, located on Level 11 Owen Dixon Chambers East, Conversations, featuring 73 works by local artists, Wendy Roche and Sharyn Madder.
The body of work comprises mixed media, conte, felting, eco-dyeing, watercolour, pastel, charcoal and pencil work. The exhibition offers the community of the Victorian Bar, family, friends and colleagues an opportunity to take a break and explore the work at leisure. All works are for sale, directly from the artists, commission free.
Work sheets together with artist biographies are available on Level 11. The Studio 11 initiative is run on a voluntary basis.
Meet the Artist drinks are fixed for Thursday 21 February 2019 from 4.30pm – 6.30pm. The exhibition runs until 4 April 2019.
Should you wish to discuss please contact me on X6400.
Don't miss out on these exclusive member deals for February with some great offers and gift ideas.
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 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 survey will close on Monday 18 February 2019. Thanks to all that have completed the survey already.
The library survey can be found at https://www.surveymonkey.com/r/N7YZSLK
The Sentencing Advisory Council has today released an overview of 12 legislative and judicial changes made to sentencing law in 2018.
The aim of the overview is to help criminal justice stakeholders and the wider community navigate recent changes to the way sentencing law operates in Victoria.
Key changes include the introduction of standard sentences, Category A and B serious youth offences and new sentencing orders. Other changes affect what a court can take into account when sentencing certain types of offences and offenders, such as offenders who put emergency workers at risk by driving.
Changes to Sentencing in Victoria: An Overview of 2018 is available for download from our website: https://www.sentencingcouncil.vic.gov.au/publications/changes-sentencing-law-victoria-overview-2018
The College is replacing the Sexual Assault Manual with three specialist guides:
- Confidential Communications
- Sex Offenders Registration Act 2004
- Serious Offenders Act 2018
Find out more and access the guides here
The College is continually reviewing its publications to ensure they are highly tailored to the relevant subject area and reader, while minimising overlap of content.
The Sexual Assault Manual will remain accessible until 15 March 2019.
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
The VIC Branch of the AALA is excited to announce the launch of our Mentoring Program for 2019. All members are welcome to attend the event. The evening will be an opportunity for mentors, mentees and supporters of the AALA to meet and network. The event details are as follows:
Date: Thursday, 21 February 2019
Time: 5.30pm – 8.00pm
Venue: Herbert Smith Freehills, Level 42, 101 Collins Street, Melbourne
Cost: Free event
RSVP ASAP for catering purposes via the AALA Website. Please advise of any special dietary requirements.
We encourage participants of the Mentoring Program to attend as it is an excellent opportunity to meet with your mentor/mentee in a social setting. For more details, please refer to the attached event flyer.
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.
Presented by Deakin Law School
Date: Monday, 25 February 2019
Venue: Deakin Downtown, Level 12, 727 Collins Street, Collins Square
Do you have your CPD point in Ethics and Professional Responsibility?
Attend this FREE twilight session to gain your outstanding CPD unit for the year.
Hear from members of the Judiciary, including His Honour Judge Joshua Wilson and the Honourable Justice Ross Robson who will speak about Ethics at Deakin Downtown.
The session will be followed by drinks and canapés and an opportunity to network with legal practitioners.
Register now: bit.ly/DLSethics
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 MCLA is hosting a dinner on Friday 1 March, with guest speaker Archbishop Peter Comensoli, introduced by the Honourable Justice Christopher Beale.
The evening will commence with Mass at St Augustine’s at 6pm, followed by dinner at the Essoign Club at 7pm. The cost is $110 for 2 courses and drinks and is payable by Friday 22 February. All welcome - please see www.catholiclawyers.com.au for 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.
St Kilda supporters are invited to drinks, canapes and an exclusive behind the scenes tour of RSEA Park, Moorabbin, on Tuesday 19 March 2019. CEO Matt Finnis and Head of Football Simon Lethlean will also be there for a chat.
Click here to download the event flyer.
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.
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.
HAL is privileged to have the Hon Justice Stephen Gageler AC as the keynote speaker.
Registrations will open in May 2019 for the conference. Further details will be posted on the HAL website www.hal.asn.au in due course.
About the role
A Senior Registry Lawyer oversees legal staff responsible for end to end case management of civil appeals and applications, and to manage complex, urgent and/or sensitive matters within the Court of Appeal. This includes regularly liaising with judges to support their efficient preparation of matters for hearing, formulating and implementing best case management practices and procedures, analysing legal issues in particularly complex, urgent or sensitive matters, and providing the Judicial Registrar, Deputy Registrar (Legal) and the Court with appropriate information and advice.
About you
To be successful in the role you should be able to demonstrate high level written communication, leadership, stakeholder management, interpersonal and organising/planning skills. Tertiary qualifications in law and admitted to practice, along with substantial post admission experience in civil litigation, in a court and/or tribunal environment is highly desirable.
For more information please visit https://jobs.careers.vic.gov.au/jobs/VG-SC1097B. Applications close 6 March 2019.
Deadline for the next issue:5pm, 21st February 2019