In Brief Issue #906

The practising certificate (PC) renewals cycle for 2019/20 opened on Monday 18 March 2019. The deadline for renewing your PC without incurring a surcharge is 30 April 2019.

The LPLC requires payment of the professional indemnity insurance (PII) premium by 31 May 2019. Information regarding PII was distributed to members last week.

You should have received an email from the Legal Services Board (LSB) on Monday 18 March outlining details of the PC and PII renewal process. (Information is also provided on the Bar’s website).

Links for online lodgement are available through your member home page or you may go directly to LSB Online and LPLC website. Login to LSB Online and LPLC renewal using your Practitioner Number as the username (your Practitioner Number is published in the email sent to you by the LSB or you can contact the Bar office for assistance). If you experience technical difficulties, please contact the LSB Online help desk by email online@lsbc.vic.gov.au in the first instance.

The LSB Online service deals with all PC administrative matters. There is no printed PC renewal form. Should you require assistance renewing your PC, the Victorian Bar office can help you to access and use LSB Online, members who wish to attend the Bar office for assistance please do so between 9am - 3pm or contact Daphne Ioannidis on 9225 8326 to make an appointment.

The forms for LPLC Applicant Declaration (PII) are now available from the LPLC’s website or from the Victorian Bar Office on Level 5 205 William Street, however, practitioners are encouraged to renew online. 

All members of the Bar and the Judiciary are invited to the annual Victorian Bar Dinner, which will take place on Friday 17 May 2019 at the Plaza Ballroom from 7pm. Our guest of honour this year is the Chief Justice of the Supreme Court, the Honourable Anne Ferguson. We will be welcoming a long list of honoured guests, including the Governor of Victoria, Her Excellency the Honourable Linda Dessau AC and State Attorney-General, the Honourable Jill Hennessy. It promises, as always, to be a great night.

Click here to register online. You can book a ticket as an individual guest, as a guest on an organised table, or as a table organiser.

In the Bar’s approach to be more sustainable, we will not be sending hard copy invitations this year, only e-invitations. If you did not receive an invitation please contact alannah.jones@vicbar.com.au as we may not have a current email address for you.

Please note that this event is for the Judiciary and Victorian Bar members only.

The VicBar CPD Commtttee would like to remind members that the last day to complete your CPD requirements is Sunday 31 March 2019.

If you haven’t completed your requirements yet, don’t worry - log in to the VicBar website and there is an extensive list of recordings available for viewing on our CPD catalogue.

If you have extenuating circumstances and are unable to complete in tiime, please ensure you notify the CPD committee ASAP by email education@vicbar.com.au.

The Victorian Bar is proud to present the 2019 Lawyer's Mediation Certification Course.  Places are limited – book now to avoid disappointment.

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.

PRESENTED BY
Victoria Legal Aid & The Victorian Bar

In light of the new Bail and Remand Court at Melbourne, and almost around-the-clock courts, there is a huge demand for experienced criminal law barristers to be involved in the Victoria Legal Aid duty lawyer service.

Victoria Legal Aid has an established relationship with the Victorian Bar, with barristers regularly accepting briefs as duty lawyer in various courts around the State. We are increasing the number of briefs to the criminal bar, including remand courts and mention courts. This is a great opportunity to pursue an additional work base which will complement your daily practice.

WHAT YOU CAN EXPECT:

• Access to support from Legal Aid lawyers while on duty
• Flexible working hours, with availabilities during the day, in the evening, and on weekends
• Working in a team environment with other Legal Aid lawyers
• Client interaction
• Satisfying work in the criminal justice area
• Extensive training and access to support materials
• Competitive rates

CHAIR
Dan Nicholson, Executive Director Criminal Law           

SPEAKERS
Sharon Keith
Kate Bundrock

DATE AND TIME
Tuesday, 2 April 2019, 5.15 - 6.15pm

VENUE
McPhee, Level 1, Owen Dixon Chambers East

To register go to https://www.vicbar.com.au/members/cpd/upcoming-cpds

PRESENTED BY
Children's Court Bar Association

The writing workshop is an 8-part series that is suitable for anyone who is interested in exploring their emotional world creatively through writing for relief, self-empowerment and self-awareness. It is a small, personal group and suits people who want to explore the emotional world that they inhabit in the workplace but prefer not to do so through traditional therapy.

There are 8 workshops in this series, and each week a different emotion will be creatively engaged with and explored through the writing. The workshop facilitator uses a variety of writing exercises and brief discussion. There is no obligation to engage in discussion (or share what has been written) but the opportunity is there for those who wish to.

The purpose of the workshop is to develop the ability to listen, engage with and learn from our emotional reality. At the end of the workshop participants will have a journal full of writing and many may choose to continue on with journaling as a useful modality to process emotions that arise out of their workplace on a continuing basis.

These approaches to writing through emotions can be added to a practitioners healthy coping mechanisms for unpacking their experiences and constructively working through and expressing their emotional experiences so that their emotions don’t get ’stuck’ or ‘clouded’ or vented in less productive ways.

SPEAKER
Angelina Mirabito, PhD

DATE AND TIME
April 16 & 30;

May 14 & 28;

June 11 & 25; and

July 9 & 23, at 17.00-19.00

VENUE
Level 1, Owen Dixon Chambers East

COST
$320 as a package OR
$45 per session

RSVP is essential for this workshop.
To register please contact: arna.delle-vergini@vicbar.com.au

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.

It's official, the Lex Pistols will be back to perform live at the Essoign Club on Friday the 5^th of April at 6.00pm.

Click here to view the flyer.

Don't miss out on these exclusive member deals for March with some great offers and gift ideas.

Click here for March travel deals.

Click here for a new member benefit from Freedom.

Designed to cater for all abilities, our 3-stage running assessment is the most comprehensive product in Melbourne.

For Vic Bar Members price reduced from $350 to $299 until end of April 2019.

Email admin@absolutehealthperformance.com.au and mention this advertisement to redeem.

‘Waltzing Matilda: Australia’s Accidental Anthem’,

Wednesday, 3 April, 2019 @ 5.15pm

Introduced by:

His Honour, Judge Howard Mason

Bring your singing voices for the original lyrics (A.B. ‘Banjo’Paterson) to the original music (Christina Macpherson)

The Sir Edmund Herring Trophy

Easter Tuesday, 23 April 2019

To be contested on the North Course of Peninsula Kingswood Country Golf Club, corner Skye Rd and Karingal Drive, Frankston.

Bench and Bar vs Solicitors

in a 4BBB Stableford teams format.

Registration and use of practice facilities from 7.30am

Course briefing at approx. 8.00am outside the pro shop

Tee off (mini shotgun start) commences at 8.30am

Lunch:

Holmes List, Barristers are generously providing lunch.

This is an opportunity for you all to enjoy the fabulous new club house.

Lunch will commence immediately after play concludes.

Cost: $150 per person. 

(PKCGC members will have the green fee component credited 

to their club accounts in the next monthly billing cycle)

RSVP by Monday, 15 April 2019: 

to carolinepaterson@vicbar.com.au and please indicate the following:

1. Whether you require a cart
2. Your preferred playing partner
3. Any dietary requirements

New members of the VGLD are always welcome! 

This April, all phone numbers of the Supreme Court of Victoria will change as the Court moves to a VoIP based phone system. A forward will be placed on existing numbers for a time while the profession note the change in contacts.

Please take particular note of the new numbers for urgent applications, Practice Court, registries and RedCrest support.

Judicial support contacts will be updated on the Supreme Court website on 8 April.

Supreme Court of Victoria General Line 8600 2000
Practice Court: 8600 2036
Commercial Court Urgent Applications: 8600 2002
Court of Appeal Registry: 8600 2001
Principal Registry: 8600 2004
Commercial Court Registry: 8600 2002
RedCrest Support Common Law, Costs Court: 8600 2004
RedCrest Support Commercial Court: 8600 2002
RedCrest Support Criminal Division: 8600 2004
redcrest@supcourt.vic.gov.au

The Oaths and Affirmations Act 2018 came into effect on 1 March 2019. This new stand-alone Act contains provisions relating to oaths, affirmations, affidavits and statutory declarations, and replaces a number of provisions of the Evidence (Miscellaneous Provisions) Act 1958.

Practitioners need to be aware of new requirements, in particular with respect to the preparation and execution of an Affidavit. More information on the Supreme Court’s website https://www.supremecourt.vic.gov.au/news/new-legislation-oaths-and-affirmations-act-2018

The Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 commenced on 11 March 2019. The amendments protect victims of family violence by banning personal cross-examination in certain circumstances in family law proceedings, and requiring instead that cross examination be conducted by a legal representative. The amendments will apply to cross examinations that occur after 11 September 2019, in proceedings instituted before or after that commencement.

The amendments prohibit personal cross-examination in family law proceedings where there is an allegation of family violence between two parties and any of the following circumstances apply:

• either party has been convicted of, or is charged with, an offence involving violence, or a threat of violence, to the other party
• a family violence order (other than an interim order) applies to both parties
• an injunction under sections 68B or 114 for the personal protection of either party is directed against the other party, or
• the court makes an order that the mandatory requirements apply to the cross examination.

When the ban applies, cross examination of both parties must be conducted by a lawyer. Parties will need to hire a private lawyer or apply to their relevant state or territory legal aid commission for legal representation under the Commonwealth Family Violence and Cross examination of Parties Scheme.

While these measures apply in family law proceedings, they also have relevance for family violence matters in state and territory courts as the presence of a conviction or a final family violence order will now result in parties being unable to personally cross-examine one another in a family law proceeding where there are allegations of family violence.

Please find attached an information sheet on the new measures for distribution within your networks.

A copy of the legislation and explanatory memorandum is available on the Australian Parliament House website.

The Judicial College has restructured the Victorian Criminal Charge Book to make it easier to use.

With fewer subtopics, the new structure means you can locate the information you seek faster.

The College has also published updates to reflect significant decisions.

Find out more

Click here to view a Law Council memo seeking nominations to the Finance and Risk Committee. 

Nominations close at COB, Friday 12 April 2019 and should be sent to Jonathan Smithers, Chief Executive Officer at jonathan.smithers@lawcouncil.asn.au

If you would like to discuss this memo or any details in regards to the Finance and Risk Committee, please contact John Cattle, Chief Financial Officer at john.cattle@lawcouncil.asn.au or on 02 6246 3735.

Click here to view a Law Council memo seeking nominations for the Admissions Committee of the Legal Services Council.  

Nominations are due by COB Friday, 12 April and should be forwarded to Jonathan Smithers, CEO at jonathan.smithers@lawcouncil.asn.au

The Commercial Division of the County Court has recently published a comprehensive practice note on the operation and management of the Commercial Division. The Commercial Division practice note is available on the County Court website

https://www.countycourt.vic.gov.au/practice-notes?filters[division]=0&sort=Updated

The ABA is delighted to announce registration for its Commercial Law conference in Singapore is now open.  Open to all members of the Australian and Asia-Pacific legal professions, we invite you to register for what will be an excellent 2-day conference and social program.

Visit the Convergence 2019 website now

Payment options include credit card or EFT at a later date.  

Among the confirmed speakers are:

• The Hon Susan Kiefel AC, Chief Justice of Australia
• The Hon Sundaresh Menon, Chief Justice of Singapore
• The Hon Stephen Gageler AC, High Court of Australia
• The Hon Andrew Phang, Supreme Court of Singapore
• The Hon Dr Michael Hwang SC, Dubai International Financial Centre Courts
• The Hon Craig Colvin, Federal Court of Australia
• The Hon Jacqueline Gleeson, Federal Court of Australia
• The Hon A S Bell, President, NSW Court of Appeal
• The Hon Judith C Kelly, Supreme Court of the Northern Territory​
• The Hon John Vaughan, Supreme Court of Western Australia
• V. K. Rajah, former Attorney-General of Singapore 
• Judith Gill QC, 20 Essex Street Chambers, London Court of International Arbitration
• Fedelma C. Smith, Senior Legal Counsel, Permanent Court of Arbitration
• Kathryn Haigh, General Counsel, AUSTRAC
• Cameron Ford, Senior Corporate Counsel, Rio Tinto
• George Lim SC, Chair, Singapore International Mediation Centre
• Samuel Chacko, Legis Point LLC, Singapore
• Jimmy Chan, Clifford Chance, Hong Kong
• Dinesh Dhillon, Allen & Gledhill, Singapore
• Professor Bryan Horrigan, Dean, Faculty of Law, Monash University 
• Michelle Quigley, Group Manager, Legal & Risk, AusGroup

Registration is available from just $1,990 (excluding flights and accommodation), and a tax invoice will be sent once successfully registered. 

Unable to attend?  The ABA is also pleased to announce that you can now sponsor a barrister of under 7 years practice to attend the conference. ​

For more information, please visit the event website or contact the events team at events@austbar.asn.au.

The Melbourne University Law Review 2019 Annual Lecture is on Tuesday 2 April.

This year the Review is honoured to have the Victorian Ombudsman, Deborah Glass OBE, as our guest speaker. Ombudsman Glass’ address is titled ‘Common Sense and Clean Hands: An Ombudsman’s View of Justice’. A short description is as follows:

It is sometimes easy to forget that decisions made by public authorities are made by humans, who tend to like clear rules and procedures; some set criteria to make the ‘right’ decision. Mysterious beings as we are, we are not void of temptation to do things the easier way or for ulterior motives.

It can be instructive to look at real-life case studies to see how administrative decision-makers can be caught in the dilemma of applying perfect rules to imperfect situations and trying to fit imperfect laws or exceptions to others. No matter how considered a rule or procedure may be, there are always areas of grey that administrative decision-makers cannot avoid. 

Hear the Victorian Ombudsman, Deborah Glass share stories about what righting wrongs and achieving justice looks like.

The lecture will commence at 7:00pm in the David P Derham Theatre (GM15), Melbourne Law School, 185 Pelham St Carlton 3053. Drinks and canapés will be served in the foyer of the Law Building after the conclusion of the lecture. The event will once again be open to the public and no RSVP or registration is required.

Thursday 4 April, 1.15pm-1.45pm

This session, presented by Melbourne University Law Review, provides an overview and introduction to the 4^th edition of the Australian Guide to Legal Citation. The AGLC provides Australia with a uniform system of legal citation; it outlines established citation practices and indicates preferred approaches where no particular approach has been widely adopted. Attend this session to see why it is a valuable tool for legal research.

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

Transparency International Australia’s 2019 national conference – Tackling Corruption Together: Rebuilding Trust in Australian Business and Regulators – will set the stage for public officials and business leaders to learn from each other, demonstrate good practice and champion a path towards better governance and corporate social responsibility.

Join us for the one-day conference on April 4 to focus on solutions for the private sector to tackle corruption and strengthen integrity across the financial, property and mining sectors.

For more information, visit the conference website: https://www.tacklingcorruption.org/

Join us on Thursday 4 April for some drinks and nibbles and to hear more about the ALAANZ Annual Conference in May 2019.

Click here to view the flyer for more information.

Friday, 12 April 2019 from 2pm – 4pm at Deakin Downtown, Tower 2, Level 12, 727 Collins Street, Melbourne

During a jury trial, jurors are asked to perform a seemingly simple task – hear the evidence put by the prosecution and defence, and then determine, based on that evidence, the guilt of the accused. But the task is not that simple – jurors are actually asked to apply the facts to the law and then, based on that assessment, determine guilt. This is a skill that lawyers train for years to develop.

Given this monumental task, how then, does the criminal justice system aid jurors in understanding the law they are asked to apply? The short answer is with the use of jury directions.

This Criminal Law Panel event brings together experts from the bench, prosecution and defence in the criminal justice system who use and rely on jury directions. They will engage in a thought-provoking discussion on this topic with each other and the students in attendance. 

Panel members
The Honourable Justice Chris Maxwell AC, President of the Court of Appeal, The Supreme Court of Victoria
Professor Felicity Gerry QC, Barrister, Victorian Bar and Professor of Practice at Deakin University Law School
Sally Flynn QC, Barrister, Victorian Bar

Following the session, there will be opportunity to network with students and legal practitioners.

Click here for further information regarding panel members and registration details.

On behalf of the Organising Committee, we invite you to the inaugural Law and New Technologies International Conference on Big Data and National Security being held in Melbourne from 29 April – 1 May 2019.

The Conference will be a forum for analysing current opportunities and challenges relating to the application of data technologies to address Australian national security and law enforcement objectives. It is structured to enable experts from various disciplines to present current research and to facilitate multi-disciplinary discussion between researchers and practitioners.

Participation will provide you with the unique opportunity to deepen your insights about the implications of new data technologies for national security and law enforcement objectives globally, and to discuss appropriate policy and legal responses to benefits and risks their application holds in this context.

The Conference will bring together jurists, legal practitioners and judges, data science and IT specialists, software engineers, policy-makers, national security and law enforcement experts.

We are looking forward to welcoming you in beautiful Melbourne and Australia in 2019.

Join us for breakfast with The Honourable Jennifer Coate AO

Commissioner for the Institutional Response to Child Sexual Abuse Royal Commission

Speaking as part of our continuing series “The Anatomy of a Royal Commission” on:

The benefits of the inquiry style of proceeding and its role in the broader legal system and policy development. 

Date:
8 May 2019

Time: 
7.15am - 8.45am
Breakfast 7.15am-7.45am
Presentation 7.45am - 8.45am

Venue:
Monash University Law Chambers, 
555 Lonsdale Street, Melbourne

Cost:
$Free
(but please register via the link below for seating and catering purposes)

CPD Units:
Please note this seminar qualifies for 1 CPD unit
for Solicitors and Barristers.

Click here to RSVP

 Please find below links to upcoming courses from the Chartered Institute of Artibitrators (Australia) Limited

• Introduction To International Arbitration, 10 May, Perth, Australia
• Accelerated Route Toward Fellowship, 29 – 30 June, Sydney, Australia 

The Faculty of Advocates will be hosting skills training for 40 Advocates and Barristers of 0-7 years call at the Mackenzie Building, Old Assembly Close, High St, Edinburgh EH1 1QX on 4th to 7th June 2019.

Participants. The training is open to 20 international participants and 20 Scottish Advocates. While the subject matter is a Scottish civil claim for damages arising out of a road traffic accident, the focus is firmly on advocacy skills rather than an in-depth knowledge of Scots law, evidence or practice and procedure.

Facilitators. The training will be run by experienced Scottish and international facilitators.

What is involved in the training. The subject-matter of the exercise is a road traffic accident. A pedestrian is knocked over by a car driver on a busy street. He brings a claim for damages. The case is going to an evidential hearing (a “Proof”). The factual witnesses- the pedestrian, the driver and an independent eye witness- will require to be examined. There are skid marks on the road. The pursuer will lead an expert witness.

The course will involve:

• case analysis;
• consulting with an expert;
• the use of productions (photos, plans, reports);
• prior inconsistent statements;
• examining and cross-examining an expert witness;
• advanced cross-examination skills; and
• submissions.

Materials. Materials will be sent out at the beginning of May.

Social. The Mackenzie Building and the accommodation are in the heart of Edinburgh’s Old Town. As well as there being plenty to do, and excellent opportunities to eat and drink together, outside the course, there will be a dinner for participants and facilitators on Thursday 6th June 2019.

Price. The price is £750. Included in the price is accommodation (4 nights), breakfasts on 4th to 7th June 2019, lunches on 4th to 7th June 2019 and a dinner on the evening of 6th June 2019. Participants will require to make their own travel arrangements.

Applications. Please register your desire to attend this course by completing the online form: https://facultyofadvocates.wufoo.com/forms/skills-training-2019-international-applicants/

Application form is also available on the Faculty of Advocates website.

Friday 26 July 2019

John Scott Meeting House at the main (Bundoora) campus of La Trobe University, Melbourne

Aim

The aim of the Centre is to foster excellence in legislation, its interpretation and drafting.

Theme

The theme is the interaction and influence of statute and common law in the age of statutes. Issues include:

• The coherence of the law, such as how do statute and common law fit together?
• The development of the common law, such as have the courts on occasion taken a stance that effectively obstructs the coherent development of the common law?
• Legislative practice, such as what advantages and disadvantages accrue in enacting legislation in a field previously dominated by common law?
• Judicial interpretation, such as what is the appropriate response by the courts when an area of common law is reconstituted by statute?
• The role of the executive, such as is the complexity of the relationship between statute and common law assisted or exacerbated by the pervasive role of regulators?

Call

The Centre calls for potential papers on our theme to be presented at the Conference.

Please send written proposals for a paper (a title and a short abstract or summary) by Tuesday 30 April 2019 to Dr Jeffrey Barnes, email J.Barnes@latrobe.edu.au

Conference venue

The Conference is on Friday 26 July 2019. All Conference sessions will be held at the John Scott Meeting House.

Contact details

For enquiries about a possible paper, and to obtain a copy of an Issues Paper on the Conference theme, please contact:

Dr Jeffrey Barnes, email J.Barnes@latrobe.edu.au (03) 9479 1195

Mrs Donna Preston, email D.Preston@latrobe.edu.au (03) 9479 1200.

2019 RESEARCH ESSAY COMPETITION

PRIZE POOL OF A$12,000

The Banking and Financial Services Law Association is the leading professional organisation for banking and financial services law in Australia and New Zealand. The BFSLA’s objects include the pursuit and dissemination of knowledge of banking and financial services law and practice in Australia and New Zealand, including by encouraging research.

To that end, each year the BFSLA invites citizens and permanent residents of Australia and New Zealand to submit research essays on important matters in banking and financial services law and/or practice (including insolvency) that are currently topical in Australia or New Zealand, in competition for a prize pool.

The prize pool in 2019 is A$12,000.

Entries must be submitted by 5pm (Australian Eastern Standard Time) on Friday, 5 July 2019. The winner or winners, if any, will be announced at or around the BFSLA’s annual conference, which this year will be held from Thursday, 29 August 2019 to Saturday, 31 August 2019 at the Sheraton Mirage resort on the Gold Coast.

To be eligible, entries need to display a high degree of legal scholarship and original thinking, and to be of a standard, as regards both content and presentation, that is suitable for publication in a refereed law journal.

For a full list of conditions, more information about the prize and an explanation of how to enter, go to the Association’s website, bfsla.org.

If you have any other questions about the prize, please email Julia Clancy at 2019researchprize@bfsla.org.