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In Brief Issue #907
5Apr
Vale the Hon John (Jack) Winneke AC RFD QC
Australia, and our Bar, is much the poorer for the passing of the Hon John (Jack) Winneke AC RFD QC, who died yesterday morning. Jack was 81 (born 19 March 1938).
Jack was the foundation President of the Victorian Court of Appeal from its establishment in June 1995 until his retirement in July 2005. He signed the Bar Roll in 1962 and was appointed silk in 1976. He was made an Officer of the Order of Australia (AO) in 1999, and a Companion of the Order of Australia (AC) in 2004, both for significant services to the judiciary in Victoria.
On behalf of the Bar, I extend deepest sympathies to Jack’s family. The Bar’s more detailed tribute to Jack can be read here.
Vale Richard Forsyth
The Bar mourns the passing of Richard Forsyth, who died this week at the age of 78 (born 30 January 1941).
Richard was admitted to practice in 1967 and came to the Bar in 1975, where he read with Judge John Hanlon. At the Bar, Richard practised in personal injuries, workers’ compensation, insurance law and the matters in the jurisdiction of the Administrative Appeals Tribunal.
Deepest sympathies are extended to Richard’s family, including Jane and Annabel, both respected members of the Victorian Bar. The Bar’s tribute to Richard can be read here.
Cyberattacks and new password policy
With the support of the Bar Council, BCL will shortly introduce a new password policy for Vicbar emails that will affect almost all of us.
I understand how inconvenient it is to have to change, and remember new, passwords. The decision to introduce a new policy has not been taken lightly. It has been the subject of considerable analysis, research and debate.
I ask for a few minutes of your time to enable me to explain why this decision has been taken and what it means for every user of Vicbar emails.
Almost all of us rely daily upon email to conduct our practices, and almost all of us have email services administered by BCL with vicbar.com.au suffixes.
It is, obviously, critical that we, our instructors, our clients and all others with whom we come into contact professionally have confidence in the security of the messages we send and receive.
Like many organisations worldwide, we are at constant risk of cyberattacks. Over time, such attacks have increased in both number and sophistication. The risks are particularly heightened where people use short or easy to guess passwords, or the same passwords for multiple services. It is not uncommon, for example, for networking services used by many of us to suffer breaches that compromise the security of the personal information of their users. Where that occurs, it can have flow-on consequences for Vicbar services.
We are fortunate that BCL has, appropriately, invested in industry leading cyber protection for the benefit of users of Vicbar email addresses.
Every year, our system processes some 83.2 million emails, about 75%, or 64.2 million, of which are spam. Every week, BCL quarantines some 75,000 suspicious attachments and 25,000 links. A measure of the success of BCL’s efforts is that, at the user level, we are rarely troubled by spam or suspicious messages.
Our current password policy is, however, out of step with industry standards. Because of the sensitivity of the information we handle, and our obligation to protect information entrusted to us by our clients, the Bar Council and BCL believe that we must adopt a policy that is consistent with best industry practice.
The current industry standard calls for passwords with a minimum of 10 characters comprising a combination of uppercase letters, lowercase letters, numbers and special characters (such as ‘!@#$%’), which are required to be changed periodically. The Commonwealth government standard, for instance, requires passwords with those characteristics to be changed every 90 days, with users not permitted to reuse any of their eight most recent passwords.
Next week, all members will receive an email setting out the new policy and an implementation plan. BCL will provide technical support (where required) for members to make the change and set up your devices afterwards.
The new policy will be introduced on a staggered basis over coming months. You will receive an email from BCL advising you when your own email account will become subject to the new requirements. IT support will be available to assist in changing passwords and setting up devices after password changes.
The new policy will require members to transition to a password with a minimum of 10 characters, including characters from at least three of the following categories:
- uppercase letter: A–Z
- lowercase letter: a–z
- number: 0–9
- special character: eg ! @ # $ % & ( ) *
Users will be required to change their password every 180 days, and will not be permitted to reuse any of their five previous passwords.
Again, I know how inconvenient this will be. Personally, I hate having to keep track of different passwords. While I use a password management app which should all make this simple (called 1Password), the reality is I sometimes forget to ensure that it is up-to-date, with the result that I have to press the ‘Forgot your password?’ link on different websites to reset them. I am also guilty of using the same password on multiple sites. But, as I hope you will agree, the degree of inconvenience cannot be allowed to prevail over the risk to the integrity of our clients’ confidential information. Fortunately, there are technological solutions to assist in generating and storing impossible to guess passwords. BCL support staff will be able to assist in this critical transition to a more secure email service.
A busy week
As always, a lot of work went on behind the scenes this week. Bar Council met last night and, among other things, adopted a comprehensive new Risk Management and Policy Framework, and its 2019 Risk Schedule. The framework is aligned to the Australia and New Zealand ISO Standard on Risk Management. It identifies the risks the Bar faces, sets out lines of defence and mitigation strategies, specifies our risk appetite by reference to the inherent likelihood and impact of risks materialising, and allocates roles and responsibilities for the management of risk. A huge amount of effort goes into this kind of work by both the Bar Office and Bar Council. While lacking in glamour, it is fundamental to good governance.
Also this week, the Executive of Bar Council met separately. I participated in meetings of the Constitutional Reform Working Group, the working group responsible for preparing the Bar’s submission in relation to defamation law reform, and convened the first meeting of the Bar’s website content review working group. On Thursday, I met with the Legal Services Commissioner and others in relation to health and wellbeing in the legal profession. This morning I met with the Dean of the Melbourne Law School. I was also actively involved in discussions relating to the Australian Bar Association, and met with its President, Jennifer Batrouney QC.
Appointments
Congratulations to Stewart Anderson QC, who has been appointed as a Judge of the Federal Court of Australia, based in the Melbourne Registry, from 6 May 2019. Details of his welcome will be advised when known.
Congratulations also to Dr Ben Gauntlett on his appointment as national Disability Discrimination Commissioner. Ben commences in the role on 7 May 2019, for a term of 5 years.
Welcomes
The profession will extend a welcome to the Honourable Justice Norah Hartnett as a judge of the Family Court of Australia on Wednesday 10 April 2019 at 4:30 pm. Justice Hartnett commenced in the Melbourne registry of the court last week.
The profession will extend welcomes at ceremonial sittings of the Full Court of the Federal Court of Australia as follows:
- Justice Michael O’Bryan, who commenced in the Melbourne Registry of the Court on 26 February, will be welcomed on Tuesday 9 April at 9.30am.
- John Snaden will be both sworn in and welcomed on Monday 29 April 2019 at 9.30am.
Details of the ceremonial welcome for the Hon Justice McEvoy in the Family Court of Australia will be advised when they become known.
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 two weeks ago.
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: 7pm, Friday 17 May 2019 at the Plaza Ballroom.
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. As always, it promises to be a great night.
We are excited to announce that one of Melbourne’s best cover bands, the Baker Boys Band, will be the entertainment for the 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.
The Vicbar CPD committee would like to remind members that the 2018/19 CPD year has ended and all members should now have completed the minimum of 10 CPD hours, covering all four CPD fields.
However, if you were unable to meet the CPD requirements by 31 March 2019, please follow these simple steps:
- When completing your PC renewal form online, you will need to identify as having not completed your CPD requirements. Those who self-identify as having not met the requirements will automatically be called up in this year’s CPD audit and required to submit a rectification plan.
- The LPUL Rules and Vicbar CPD Policy guidelines allows you to submit a rectification plan within 21 days, outlining the steps you intend to take to rectify the non-compliance. Please see Rectification Plan Template.
- Confirm when you have completed your rectification plan.
- If you believe you have extenuating circumstances and would like to apply for a CPD exemption, please ensure you notify the CPD committee as soon as possible. Please include any supporting documentation.
All queries and correspondence should be directed by email to CPDAudit@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
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
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
It's official, the Lex Pistols will be back to perform live at the Essoign Club on Friday the 5th of April at 6.00pm.
Don't miss out on these exclusive member deals for April with some great offers and gift ideas.
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:
- Whether you require a cart
- Your preferred playing partner
- Any dietary requirements
New members of the VGLD are always welcome!
The Supreme Court has launched its new podcast series, Gertie’s Law. The podcast takes a deep dive into some of the lesser-known, misunderstood or complex parts of the Court’s work, such as sentencing, mental health, juries and the criminal trial process. Revisit historic cases, meet the many people who work here and take a closer look at how a modern justice system operates in a 19th century building. “We wanted to produce our own podcast to help people more easily understand the work of the Court, who our judges are, what we do, and why we make the decisions that we do.” - Chief Justice of the Supreme Court Anne Ferguson. Read more about the podcast, and listen to episode one via: http://ow.ly/GoCG30obDjL
Designed to cater for golfers of all abilities, our Golf Body Screening is conducted over three 45 minutes sessions with our Allied Health staff.
MOVE BETTER, SWING BETTER, SHOOT LOWER
To book your appointment email admin@absolutehealthperformance.com.au, phone 03 8547 4830, or pay us a visit at 199 William St.
Every Thursday and Friday till 7.00pm
For those of you who have not had the opportunity to check out what is on offer on our “Kitchen Night Menu” please see the attached menu.
Pop-up shop - April 8 – April 12
Peter O’Callaghan QC Gallery, Owen Dixon Chambers West
9am - 5pm
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.
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.
Anyone wishing to be considered for nomination should submit an expression of interest to denise.bennett@vicbar.com.au by COB Wednesday 10 April 2019.
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.
The LGBTIQ Legal Service is a free service of St Kilda Legal, which operates as part of a health justice partnership with Thorne Harbour Health (previously known as the Victorian AIDS Council). It assists members of the LGBTIQ community across Victoria in a wide range of matters including Discrimination, Employment, Migration (merits and judicial review), Criminal (Magistrates' Court), Family Violence, Family Law, Health Complaints, Residential Tenancy, Guardianship & Administration. The LGBTIQ Legal Service seeks to connect with barristers that have capacity to accept pro bono briefs in any of those areas of law. More details about the service are available through this link: http://www.skls.org.au/legal-help/lgbtiq-outreach-service/
If you would like to register your details, contact Sam Elkin, Outreach Lawyer, on sam@skls.org.au, or for further information, please contact Chris McDermott, Victorian Bar.
Please find below a letter from the County Court regarding the expansion of County Koori Court sittings to Warrnambool.
Please click here for a new Family Court of Australia Practice Direction: No. 1 of 2019 – applications for leave to appeal.
The legal profession and the community have called for changes to the family law system. In response, the Courts are taking a major step to improve family law in Australia. This includes establishing, for the first time, a common set of rules, forms and case management in the Family Court of Australia and Federal Circuit Court of Australia.
Thousands of families are involved in family law proceedings in Australia every year. The current system has been criticised as being confusing, inefficient and causing unacceptable delays. This is partly because it involves two different sets of rules, forms and processes. In an effort to rectify this problem, a working group of Judges of both Courts was established in February and government funding has been secured to properly resource this project. This endeavour has been a key priority of Chief Justice Alstergren since his appointment as Chief Judge of the Federal Circuit Court of Australia in October 2017.
The Chief Justice is pleased to announce that former Federal Court Judge, the Hon Dr Chris Jessup QC, has this week accepted an invitation to Chair the Joint Rules Harmonisation Working Group. Dr Jessup QC will oversee the harmonisation project, and assist in developing a consistent approach to case management which places a priority on identifying risk to children.
“Dr Jessup QC, assisted by two barristers, will work closely with the Judges in the Working Group to draft a common set of rules and forms, and will be actively involved in consulting with all Judges, the profession and other stakeholders that have an interest in the jurisdiction. The appointment of an independent Chair to this position will ensure objectivity, transparency and confidence in the process.
“Despite the best efforts and integrity of individual Judges of both Courts, and the assistance of the profession, there has been a long history of unacceptable delays in having family law cases heard and determined. That needs to change as does our family law system, and I call upon the profession and other stakeholders to support this vital project as the Courts endeavour to improve access to justice for Australian families. The community should expect no less,” Chief Justice Alstergren said.
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.
Melbourne Law School is delighted to invite you to the first of the 2019 “Judges In Conversation” series on Tuesday 9 April.
A free public event, the Hon. Justice Michael O’Bryan (Federal Court of Australia) will be in conversation with Professor Karen Yeung (Interdisciplinary Professorial Fellow in Law, Ethics and Informatics, Birmingham Law School).
They will address the increasing role of artificial intelligence in administrative decision-making through to the possible place of artificial intelligence and automation within the litigation process.
Please see the flyer for more information. The event will take place at Courtroom 8A, Federal Court Of Australia, 305 William Street, Melbourne.
If you would like to attend this free public event, please register here. If you would like to be notified of any future events, please subscribe to our newsletter here.
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.
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.
Please find below links to upcoming courses from the Chartered Institute of Artibitrators (Australia) Limited
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.
The IBA's Annual Conference 2019 is taking place in Seoul, South Korea between the dates of 22-27 September 2019.
More information on the Conference is available on the IBA website and in the live programme.
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.
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 should include a covering letter and CV.
Applications close 11 April 2019. For more information on this position please visit: https://careers.vic.gov.au/jobs/justice-and-regulation/court-services-victoria
Deadline for the next issue:5pm, 11th April 2019