Random Banner 2
In Brief Issue #901
22Feb
Pro Bono Awards Winners
The Bar’s great tradition of taking on hard cases without fee for people who would otherwise not be able to afford representation, or in order to advance the public interest and further the efficient administration of justice, is as strong as ever.
Most of our members do pro bono work from time to time and expect nothing in return beyond the knowledge that by our efforts we have made a difference, so this this week’s Pro Bono Awards ceremony was a welcome opportunity to shine a light on some of our members’ contributions and recognise the profound impact of their work.
The Pro Bono awards were announced on Wednesday evening, at a ceremony hosted by the Chief Justice, the Honourable Anne Ferguson in the Supreme Court Library. I thank the Chief Justice for making the Library available for the ceremony and for her presence—a tangible demonstration of just what a contribution pro bono work makes to the efficient administration of justice.
Congratulations go to all the nominees and winners:
Victorian Bar Pro Bono Trophy
For outstanding individual achievement in pro bono advocacy over a long period
Michael Gronow QC for his extensive assistance to litigants and the Court as part of the Court of Appeal Pro Bono Duty Barrister scheme and other pro bono programs; his willingness to take on hard cases; and his long-standing commitment to pro bono advocacy over many years.
Daniel Pollak Readers Award
For pro bono work undertaken by barristers who have completed their readers’ course within the previous 12 months.
Sarah Zeleznikow for her exceptional work in complex and multi-faceted extradition proceedings in which she represented a person sought for extradition on the basis of offences relating to violation of US sanctions.
Ron Castan AM QC Award
For pro bono work undertaken by barristers who are between 1 and 6 years’ call
Evelyn Tadros for her pro bono representation of the plaintiff in the ground-breaking human rights case of Matsoukatidious v Yarra Ranges Council [2017] VSC 61, where the Court confirmed that courts have a responsibility under the Charter of Human Rights to ensure that self-represented litigants can participate effectively in legal proceedings; and for her unstinting work representing asylum seekers on Nauru.
Susan Crennan AC QC Award
For pro bono work undertaken by barristers who are between 7 and 15 years’ call but are not silks
Matthew Albert for his unstinting work as the lead barrister for Justice Connect referrals for Nauru High Court appeals. Matthew ran 10 matters in the High Court in 2018, including five victories for asylum seekers on Nauru; in addition to other pro-bono advocacy in the tenancy and immigration fields. Matthew received multiple nominations across different categories in this year’s awards.
Ron Merkel QC Award
For pro bono work undertaken by barristers who are more than 15 years’ call or silks
Lisa De Ferrari SC, nominated by Maurice Blackburn’s Social Justice Practice for Lisa’s incredible commitment to pro bono work. It is estimated that Lisa and her team of competent junior counsel have contributed to more than 35 individuals and their families being transferred off Nauru to receive medical treatment in Australia.
Public interest / Justice Innovation Award
For pro bono work which has a strong public interest element or has involved a procedural or substantive innovation in the law likely to enhance access to justice
Counsel team for the Barwon Youth Detention matter - Brian Walters AM QC, Peter Morrissey QC, Dr Ian Freckelton QC, Matthew Albert, Sarala Fitzgerald, Dr Adam McBeth and Claire Harris QC for their work, instructed by the Human Rights Law Centre, on behalf of a number of detained children, concerning a challenge to the decision of the Victorian Government to gazette part of the maximum security Barwon Prison as a youth justice centre and to transfer children there.
Pro Bono Video – call for stories
The Bar is looking for a pro bono story to feature in a short video showcasing the Bar’s commitment to pro bono work and the difference it can make in the lives of clients or the broader community. Ideally, the story should be one where pro bono work had a lasting beneficial impact, with a former client who is willing to participate, either to be filmed or to speak. Contact Amanda Utt, General Manager, Corporate Services on amanda.utt@vicbar.com.au
Pro Bono review and reform
The review and reform of the Bar’s pro bono schemes is continuing. Watch this space for updates in the coming months.
ABA Committee membership
The ABA is calling for expressions of interest for its Committees, which assist the ABA to effectively represent the independent referral Bars of Australia and advance public debate on law reform and legal policy issues. More details in the notice below.
A busy week
Behind the scenes this week, Bar Council attended a half day training afternoon conducted by the Australian Institute of Company Directors on our duties as custodians of the governance of the Victorian Bar. I also chaired a meeting of the Bar Council’s working group responsible for the Bar’s response to the Royal Commission into the Management of Informants, met with the Legal Services Commissioner, and commenced the process of offering feedback to applicants for silk who were not successful in 2018.
Welcomes and appointments
The Profession will extend a Welcome to Her Honour Judge Jillian Williams, a Judge of the Federal Circuit Court of Australia, who has been appointed a Judge of the Family Court of Australia, assigned to the Melbourne Registry on Wednesday 27 February at 4.15pm.
This year's Bar Dinner will be held at the Plaza Ballroom on Friday 17 May.
The Honourable Chief Justice Anne Ferguson, of the Supreme Court of Victoria, is the guest of honour and keynote speaker.
Be sure to keep the date free in your diary.
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
The submission time has been extended. Submissions can continue to be made until COB on 4 March 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 Australian Bar Association draws upon the experience and knowledge of its members to effectively represent the profession and advance public debate on law reform and legal policy issues.
The ABA's committees are comprised of members from the Association's constituent bodies.
Each year the ABA reviews the need for committees, the role of each committee and membership of committees.
A list of committees receiving nominations can be found here: http://austbar.asn.au/about-the-aba/aba-committees
ABA members who wish to be considered for appointment to a committee should complete the online form indicating the committees for which they wish to be considered. Members should nominate for no more than two committees.
Existing members of committees who wish to continue on a particular committee should also complete the online form
Expressions of interest will close at 5pm on Thursday, 28 February 2019.
The Student Engagement Committee needs more barristers to offer shadowing opportunities to tertiary students and host secondary students for work experience. The SEC aims to provide students with a better understanding of barristers’ work and the pathways to a career at the Bar. Work experience and shadowing opportunities are invaluable for students and often very rewarding for barristers as well, as previous volunteers will attest. If you are able to assist, please email our Student Matching Coordinator Danielle Hagan at students@vicbar.com.au.
The Bar is looking for a pro bono story to feature in a short video showcasing the Bar’s commitment to pro bono work and the difference it can make in the lives of clients or the broader community. Ideally, the story should be one where pro bono work had a lasting beneficial impact, with a former client who is willing to participate, either to be filmed or to speak. Contact Amanda Utt, General Manager, Corporate Services on amanda.utt@vicbar.com.au
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
The Essoign is having a launch night for their new “Kitchen Night Menu” at the Essoign Club.
Thursday 7th of March From 5.00pm
Complimentary Sparkling on arrival & Drink Specials
Complimentary Menu Tasting
Supporting Spinal Cord Injuries Australia.
Join us from 5pm on Friday 15 March at The Essoign Club.
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.
The exhibition runs until 4 April 2019.
Don't miss out on these exclusive member deals for February with some great offers and gift ideas.
Designed to cater for all abilities, our 3-stage running assessment is the most comprehensive product in Melbourne.
Vic Bar Member price $299 until end of April 2019.
Email admin@absolutehealthperformance.com.au and mention this advertisement to redeem.
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 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.
19 February 2019
The Council today released a report called Animal Cruelty Offences in Victoria. The report is the first ever review of how animal cruelty offences are sentenced in Victoria.
It identifies the animal cruelty offences people and corporations were sentenced for between 2008 and 2017, the sentences imposed for those offences, and other offences sentenced alongside animal cruelty. It also examines prior and subsequent offending committed by animal cruelty offenders, and the number of animal cruelty cases flagged as occurring in the context of family violence.
The report and a 2-page factsheet are available to read or download from the Council’s website:
https://www.sentencingcouncil.vic.gov.au/publications/animal-cruelty-offences-victoria
Following tabling in both the New South Wales and Victorian Parliaments, our 2017-2018 Annual Reports for the Legal Services Council and the Commissioner for Uniform Legal Services Regulation are now available on our Publications page.
For more information, please see our news story.
The Oaths and Affirmations Act 2018 (Vic) commences on 1 March 2019, updating laws in relation to oaths, affirmations, affidavits, statutory declarations, and document certification processes. Any oaths, affirmations, affidavits and statutory declarations made under the current Evidence (Miscellaneous Provisions) Act 1958 (Vic) between 1 March 2019 and 1 January 2020 will remain valid, however any made under that Act after 1 January 2020 will cease to be valid.
The Department of Justice and Community Safety has prepared guidance materials and template forms on the Oaths and Affirmations Act 2018, which will be uploaded to the Department’s website on 1 March 2019. Further information may be accessed via the website www.justice.vic.gov.au.
Guidance materials:
The Australian Bar Association (ABA) has asked the Hon Roger Gyles AO QC to inquire into and report on actions that the ABA can take to enhance opportunities for Australian Barristers to practice in International Disputes, with a focus on Arbitration in the Asia - Pacific region.
There are two aspects to be considered by Mr Gyles in his inquiry and report:
- How to retain international work in, and bring such work to, Australia;
- How to facilitate the briefing of Australian barristers in work overseas, particularly in the region.
Mr Gyles is due to report on 1 May 2019. Practitioners are encouraged to provide their views to Mr Gyles by 15 March 2019.
For details of the Terms of Reference and submission details, see http://austbar.asn.au/news-media/opportunities-for-australian-barristers-to-practice-in-international-disputes
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
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 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.
Thursday 7 March, 1.15pm-1.45pm
The Law Library of Victoria website has been completely redesigned to make it easier to discover and access Library resources and services. The new site also includes registered user access for members of the legal profession, with exclusive content and resources once registered and logged in. The Library subscribes to an extensive collection of digital resources accessible via public access computers onsite at the Supreme Court Library and Victorian Bar Richard Griffith Library. Attending this essential skills session will save you time in the future by finding what you need through the Law Library's fully searchable catalogue of resources.
All are welcome and entry is free. To register please email libraryevents@supcourt.vic.gov.au
Cabrini Outreach and the Cabrini Foundation welcomes you to “People Seeking Asylum”, a Cabrini Asylum Seeker Health Event
Join us as we explore the challenges faced by people seeking asylum in our community without access to medical or health related support or assistance, and understand the work of the Cabrini Asylum Seeker Health services in an effort to bridge this health care gap.
FEATURING GUEST SPEAKERS:
- Dr Gillian Triggs, Former President of the Australian Human Rights Commission
- Dr Tram Nguyen, Medical Director of Mental Health Service, Cabrini
- Biong Deng Biong, Edmund Rice Community and Refugee Manager, Cabrini Asylum Seeker and Refugee Health Hub
503 Sydney Road Brunswick
Thursday 14th March at 6:00pm
Please RSVP with guest names and any dietary requirements by 7th March to foundation@cabrini.com.au or for further information call Cabrini Foundation on 03 9508 1380.
A number of members and former members of our Bar are active supporters of the Cabrini Foundation.
If you are unable to attend but would like to support the foundation’s work, donations can be made at https://cabrinifoundation.com.au/donate/
Are you a Tiger tragic counting down to the start of the AFL season?
Friday 15 March 2019 from 7.15-8.45am
Breakfast at the Essoign, Owen Dixon Chambers, Level 1, 205 William Street, Melbourne with a welcome by the Patron of the Tigers@Law, the Honourable Chief Justice Ferguson, and Guest Speaker Peggy O’Neal, President of the Richmond Football Club in conversation with Age journalist Konrad Marshall.
All Tiger supporting legal representatives and support staff are welcome. $60 per head including GST.
Register at events@greenslist.com.au or contact Simon Rubenstein on 9225 7432
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.
Senior leadership role in the Common Law Division of the Supreme Court of Victoria – fixed term to March 2020.
Victoria’s highest Court is seeking a legally qualified individual as Deputy Registrar in its Common Law Division. The successful candidate will lead a small team of lawyers and administrative staff managing proceedings in specialist lists in the Common Law Division including the Judicial Review and Appeals List and the Trusts, Equity and Probate List. As a senior legal officer, the Deputy Registrar also provides strategic and legal support to the Judicial Registrar and other judicial officers and senior Court administrators.
The successful candidate will have significant demonstrated experience in litigation in one or more areas of the Common Law Division’s jurisdiction and have a keen interest in the administration of justice
While the successful candidate will be offered a fixed term contract to March 2020, there is the possibility of ongoing employment.
Applications close 11 March 2019. For more information on this position please visit: https://careers.vic.gov.au/jobs/justice-and-regulation/court-services-victoria
Upcoming opportunities exist for a range of building and plumbing boards through the Victorian Department of Environment, Land, Water and Planning.
From March, Expressions of Interest open to join one of these boards.
Deadline for the next issue:5pm, 28th February 2019