Election results
In the only election that anyone has been following this week, congratulations go to Dr Suzanne McNicol QC, who was elected by our members, from a Melbourne Cup size field, to fill a casual vacancy in the senior category on Bar Council. The result was declared at our Bar Council meeting last night, after which Sue was warmly welcomed to her first meeting.
Eulogy for Jack Winneke
The Hon Stephen Charles AO QC has kindly passed on a transcript of the remarkable eulogy he delivered last month for his late friend and colleague, the Honourable John (‘Jack’) Winneke AC RFD QC.
With Stephen’s permission, I am sharing the eulogy here. It should be compulsory reading.
Wellness in the Legal Profession
There were two events of significance this week in relation to health and wellbeing in the legal profession.
First, on Wednesday, the International Bar Association released disturbing research in relation to the prevalence of sexual harassment and workplace bullying in the legal profession worldwide. Australian lawyers responded in disproportionately high numbers to the survey. The results reflected very poorly on the state of the Australian legal profession.
The IBA survey data revealed that, globally, 37% of female and 7% of male respondents had experienced sexual harassment. The corresponding Australian figures were 47% for women and 13% for men. According to the IBA data, globally, 55% of female and 30% of male respondents had experienced workplace bullying. The Australian figures were 73% for women and 50% of men.
Last year, the Victorian Bar conducted our largest ever survey of the health and wellbeing of our members. Our Wellbeing at the Victorian Bar report found that, in the 5 years leading up to the survey, 25% of female and 1% of male respondents had experienced sexual harassment, while 47% of female and 25% of male respondents had experienced workplace bullying.
The Victorian Bar has comprehensive policies and support structures in place to provide advice and conciliation services to members who have experienced or witnessed unacceptable conduct, such as sexual harassment, bullying or discrimination. More information is available here.
Secondly, during the week, the first findings of landmark empirical research measuring judicial stress and wellbeing in Australia was published in the Journal of Judicial Administration, reminding us of the pressures that judicial officers are under. In the research by Carly Shrever, 152 judges and magistrates from five Australian courts were surveyed and compared with the broader legal profession and the general public, finding some similarities with the broader profession (elevated psychological distress, problematic alcohol use, burnout and secondary trauma) and some differences (lower rates of depressive and anxious symptoms).
The article is available behind a paywall. The Richard Griffith Library provides members with access to online legal resources, including Westlaw AU.
Carly Shrever’s research was highlighted by the Chief Justice in her address to the Wellness for Law forum in February. Her Honour noted that Ms Shrever’s findings were already helping to shape wellness programs in courts, including in the Supreme Court of Victoria.
Australians Detained Abroad fundraiser 23 May at the Essoign
Several members of our Bar are involved with Australians Detained Abroad, a not for profit organisation that provides support to families of Australians who are detained overseas. The group is an initiative of retired USMC Colonel Dan Mori, who represented Australian citizen David Hicks when Hicks was detained at Guantanamo Bay. Dan Mori and the Hon Justice Lex Lasry AM will attend the “re-launching” fundraiser drinks at the Essoign next Thursday at 5.30pm. If you can’t attend, you are welcome to support their valuable work by making a donation.
Lost Robe Bag
Call me sentimental (said no-one, ever), but I would like to elevate from the notices below a missive received from the County Court about what looks like a well-loved robe bag bearing the initials ‘EDL’ that was left in his Honour Judge Meredith’s courtroom some time ago. If you are or recognise its owner, contact Judge Meredith’s associate, Angela Liantzakis, at Angela.M.Liantzakis@countycourt.vic.gov.au.
A busy week
I lost count of the number of meetings I attended this week, and for my sins and in a forlorn search for sympathy please know that I will be attending a full day meeting of the Council of the Australian Bar Association tomorrow, but the only thing you need to know is that the Bar Dinner is on tonight, the premier event of the annual Bar calendar, and I am looking forward to seeing more than 500 of our members there tonight, it’s going to be a great night.
Welcomes
My thanks to Sharn-Adele Coombes for representing the Bar at the welcome for Magistrate Shiva Pillai on Tuesday. Sharn’s speech can be read here.
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 has now past. Should you still need to renew your PC, please refer to the email sent from the Legal Services Board (LSB) on Monday 18 March, which outlined details of the PC and PII renewal process. (Information is also provided on the Bar’s website).
The LPLC requires payment of the professional indemnity insurance (PII) premium by 31 May 2019. Information regarding PII was distributed to members several 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.
Following on from our breakfast briefing, the Corporate Counsel Engagement Working Group are now seeking expressions of interest from Counsel who wish to participate in the Pilot.
The Pilot is open to all members who accept briefs in commercial law, public law, employment law and government and regulatory matters. The Pilot will broadly encompass:
The Pilot will require active participation from those involved. Participants will be selected based on criteria including the need for diversity within the Pilot (in terms of seniority, areas of practice, gender, cultural/ethnic background etc) and the content of their EOI.
Click here to read more about the inception of the pilot project.
Click here to begin the EOI process. EOIs close at 5:00pm Wednesday 22 May.
The Victorian Bar together with the Australian Intercultural Society invites you to the 2019 Ramadan Iftar Dinner with the Muslim Community.
DATE
Monday 27 May 2019
TIME
5.15pm for 5.30pm start
VENUE
McPhee Room, Level 1
Owen Dixon Chambers East
205 William Street, Melbourne
COST
$50
RSVP (ESSENTIAL)
Friday 17 May 2019
The Chief Justice of the Supreme Court of Victoria, the Hon Anne Ferguson, this week released details of the silk appointment process for 2019. Suitably experienced lawyers who are officers of the Supreme Court of Victoria are eligible to apply to the Chief Justice to be appointed to the office of Senior Counsel.
Applications opened on Monday, 29 April 2019 and close on Friday 31 May 2019 at 5pm. Members should note that the closing date for applications is earlier than it has been in recent years.
The detailed process for the appointment of Senior Counsel in 2019 can be found here. The Chief Justice has published an important message for intending applicants, which can be found here.
Anyone contemplating applying for silk should read each of those documents carefully. They identify, among other matters, the criteria for appointment as silk and the process for appointment. There are some changes to the process this year of which intending applicants should be aware.
Applicants who have questions about the process, or inquiries concerning completion of the application form, are welcome to contact me on a confidential basis at any time.
The information session is available for viewing in the Members CPD Catalogue.
Presented by The Indigenous Justice Committee & The Equality and Diversity Committee
A CPD exploring current themes in civil, criminal and family law cases involving Indigenous clients. Hear from speakers working at the Victorian Aboriginal Legal Service, Djirra and Victoria Legal Aid. Hosted by the Victorian Bar as part of National Reconciliation Week.
Please join us for Welcome to Country and refreshments.
CHAIR
Magistrate Abigail Burchill
SPEAKERS
Patrick Warner, Victorian Aboriginal Legal Service
Alan Dewis, Victoria Legal Aid
Kehndra Hooker, Aboriginal Family Violence Legal Service, Djirra
DATE and TIME
Wednesday, 29 May 2019
5.15pm
VENUE
Neil McPhee Room, Level 1, Owen Dixon Chambers East, 205 Williams St
CPD POINTS
This Seminar is a component of the Victorian Bar CPD Program and will carry one CPD point.
Registration (VicBar Members Only)
Click here to register
The Victorian Bar has been invited to nominate a trustee to the Law Aid Trust, a charitable trust managed by the Law Institute of Victoria and the Victorian Bar to support the funding of civil disbursements in civil litigation matters undertaken by law firms on a pro bono and “no-win, no-fee” basis.
The Bar is calling for Expressions of Interest from members who may wish to contribute as one of the Bar’s nominated Trustees. The appointment will be for a term of two years.
A position description for the role may be viewed here. The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Your Expression of Interest should identify any relevant areas of experience or expertise, including:
Please direct any enquiries or Expressions of Interest to Liz Ingham at the Victorian Bar office: elizabeth.ingham@vicbar.com.au, ph 9225 6947.
The closing date for Expressions of Interest is Friday 24 May 2019 at 4pm.
The Equality and Diversity Committee’s Re-engagement Lunch will take place at 1pm on 17 June 2019 in the Bar Council Chambers, Level 1, Owen Dixon Chambers East.
The purpose of the lunch will be to bring together members of the Bar currently on parental leave, recently returned from parental leave or planning to take parental leave, to discuss how to approach practice after a period of leave, refresh knowledge of practice requirements, and to facilitate reconnection with colleagues.
Click here if you wish to join the lunch by 1 June and a formal invitation will be sent.
SAVE THE DATE
The Victorian Bar is pleased to announce the 2019 Junior Bar Conference has been confirmed for Friday, 21 June.
Speakers and Program are still to be finalised, but make sure you save the date in your calendar now.
Watch the website and In Brief for more details in the coming months.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
See the #storiesthatmatter and check out HRAFF’s 2019 program featuring an incredible line up of films, art and performances, including Stop the Boats featuring Behrouz Boochani and Julian Burnside QC (18 May) and Wik v Queensland featuring Noel Pearson and Marcia Langton (19 May). Visit www.hraff.org.au for more info and tickets.
Ship of Fools, stoneware, by Alexandra Copeland 36cm x 36cm
Studio 11, located on level 11 Owen Dixon Chambers East, is delighted to share its current exhibition with you, Eclectic Themes, featuring original art work and ceramics by Alexandra Copeland as well as jewellery, by Jenny Brennan. You are welcome to view the exhibition during business hours. As you may know, the Studio 11 initiative started in 2015 and is run on voluntary basis. The idea is to vary and enliven the work space and offer all members of the Victorian Bar community an opportunity to view and enjoy original art in a convenient setting, as part of the everyday. As usual, all works are for sale. There is no commission payable. Work sheets are available on level 11 Owen Dixon Chambers East.
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.
Don't miss out on these exclusive member deals for May with some great offers and gift ideas.
May travel deals and a special New York and Japan Snow Season deal.
Join us on Wednesday 19th June along with wine maker Pat Carmody for a three course dinner with matching Craiglee wines.
Craiglee is a local family run winery who have cemented itself as one of the finest producers of Shiraz and Chardonnay in Australia with its world class wines.
Limited spaces available and bookings are essential.
Book at www.trybooking.com/BCPOI
See attached for more information or to make a booking. For any enquiries please contact Marijana on 9225 6748.
Barrister-exclusive offers of 20% off RRP plus a chance to win a Google Home Hub valued at $177.
Download the booklist and pre-order here: http://bit.ly/VicBarEOFYLexisNexis
Plus! Discounted EOFY subscriptions on court works (introductory offer, T&Cs apply).
Meet LexisNexis Relationship Manager Craig Rodrigues from 9am – 5pm each day in the Peter O'Callaghan QC Gallery, Owen Dixon Chambers to view and order books at great prices.
For more information: craig.rodrigues@lexisnexis.com.au or 0412 122 668.
The Council has today released updated sentencing statistics on SACStat (Sentencing Advisory Council Statistics Online), the Council’s online statistical database.
SACStat now includes sentencing data for over 200 offences sentenced in the higher courts (the County and Supreme Courts) of Victoria over the five years to 30 June 2018. This is the fourth update to higher courts data on SACStat since the database was publicly launched in 2012.
SACStat continues to present approximately 500 offences sentenced in the Magistrates’ Court of Victoria over the three years to 30 June 2016.
Higher courts data on SACStat includes sentencing outcomes from the Court of Appeal. Any change to sentence or conviction as a result of a successful appeal before 1 July 2018 has been incorporated into the sentencing data.
SACStat now includes short narrative reports summarising sentencing outcomes for many offences heard in the higher courts. These summaries are available for any principal offences with at least 10 charges and cases receiving imprisonment.
Summaries are available for all offences sentenced in the Magistrates’ Court.
The summaries can be printed and are easily accessed for use on smartphones and tablets.
You can access SACStat from the database homepage or from our website.
The Sentencing Advisory Council has today released a report on current sentencing practices for firearms offences in Victoria.
The report examines trends in the prevalence of firearms offences in Victoria and considers sentencing outcomes for 132 firearms offences defined in Victorian law. The offences carry maximum penalties ranging from a fine (up to 10 penalty units) to 17 years’ imprisonment.
The report finds that growing numbers of firearms offences are being sentenced in Victorian courts, and the courts’ are increasingly using imprisonment to sentence these offences.
In sentencing firearms offences that carried a maximum penalty of imprisonment:
However, the rate of fines decreased in the Magistrates’ Court, from 31% in 2012–13 to 20% in 2016–17. At the same time, both imprisonment and community correction orders became more common, accounting for 59% of all charges sentenced in the Magistrates’ Court in 2016–17.
The report also examined the characteristics of firearms offenders sentenced in the higher courts, finding that:
You can download the full report, Firearms Offences: Current Sentencing Practices, from our website.
Don’t miss your opportunity to hear from some of the profession’s greatest minds and enjoy networking with colleagues from throughout Australia, New Zealand, the UK and Asia. Register from as little as $1,990*
Wednesday 10 July: Arrival Drinks
Mr Stork
Nestled at the rooftop on Level 39 of the Andaz, Mr Stork is a destination bar providing 360-degree views of the city. Named after the white and long-legged birds, which are often viewed as a good omen, Mr Stork houses ten teepee huts and relaxed seating set amid lush tropical landscaping to best enjoy the breathtaking views.
Dress: smart casual
Thursday 11 July: Welcome Party
Aura, National Gallery of Singapore
Spanning across two floors of National Gallery Singapore, Aura is an elegant and modern multi-concept dining destination by Michelin star chef-restaurateur Beppe de Vito. Join delegates at the former Supreme Court of Singapore as we celebrate the conclusion of day 1 with spectacular views of Singapore.
Dress: smart
Friday 12 July: Gala Dinner
The Clifford Pier, Fullerton Bay Hotel
The Fullerton Bay Hotel is a modern hotel that pays tribute to a bygone era. Infused with a sense of refinement and a style that is both contemporary and international, its iconic dining destination is The Clifford Pier. Join colleagues under the white vaulted ceiling at this fabulous destination as we celebrate the close of the conference.
Dress: black-tie
For more information on the excellent program, speakers and sponsors of Convergence, please visit the website: http://convergence2019.com.au
Enquiries
Camilla Gray
ABA Event Manager
T: 02 9229 1720
M: 0411 323 873
*Junior Bar under 7 years at the bar - first 30 registrants
The Supreme Court has planned a record number of free events and tours as part of the Law Week 2019 program. The Court will also be opening its doors and holding a range of special events, from 10am to 3pm on Saturday, 18 May for Courts Open Day. Explore the history and heritage of the courthouse and chat to staff and judicial officers about the operation of the Supreme Court today. For more information please refer to the Supreme Court’s website.
After a two-year hiatus, Dan Mori, Justice Lex Lasry and the ADA committee invite you to drinks and canapés to celebrate the re-launch of Australians Detained Abroad.
DATE: THURSDAY 23 May 2019
Time: From 5.30pm
Venue: The Essoign Club, Level 1, 205 William Street, Melbourne (Owen Dixon Chambers East)
COST: No cost, but we gratefully seek generous donations on the night (please bring cash), or please donate on the eventbrite 'register' button.
We also encourage those who cannot make the event, to donate generously in support of ADA.
ADA is registered for donations.
Registration at https://www.eventbrite.com.au/e/australians-detained-abroad-re-launch-tickets-61840560782?aff=ampmlt
Proudly sponsored by the Victorian Bar and global law firm, Jones Day, 2019 CIArb Australia Business lunch will be held at Vue de Monde on Wednesday, 5 June 12 – 2 pm. Guest Speaker: Leah Ratcliff, Global Disputes, Jones Day. Caroline Kenny QC, CIArb Australia President will deliver Welcome Address and Wendy Harris QC, Senior Vice President, Victorian Bar will give the Vote of Thanks and Sponsor Remarks.
Join the ABA/NZBA's joint Criminal and Public Law conference in Queenstown from 23-24 August 2019. We are delighted to provide you with early bird registration access until 8 June.
The program has been carefully curated by both the Australian and New Zealand Bar Associations to include topical sessions of interest to all practitioners in both jurisdictions. The conference will be held at the Rydges Lakeland Resort Queenstown and practioners from all areas of the legal profession may gain up to 8.75 CPD hours.
Keynote
The Rt. Hon. Chief Justice Dame Helen Winkelmann
What Can Criminal Lawyers Teach Civil Litigators?
The Hon. Justice Michael Corboy (AU)
Marie Dhyrberg QC (NZ)
Peter Callaghan SC (AU)
Ken Archer (AU)
Advocacy in Inquiries
Simon Mount QC (NZ)
Rowena Orr QC (AU)
Mary Scholtens QC (NZ)
Aaron Martin (Deputy Solicitor General, NZ)
Indigenous Rights
The Hon Christian Whata (NZ)
Tony McAvoy SC (AU)
Simeon Beckett (AU)
The Rights, Responsibilities and Role of Media in Criminal Justice
Arthur Moses SC (AU)
Jonathan Eaton QC (NZ)
Marie Mills (MD, Mills Wilson)
Cate Brett (NZ)
Garry Williams (NZ)
Americas Cup: Action on the Water and in the Courts
Dr James Farmer QC (NZ/AU)
Dr Hamish Ross (NZ)
Visit the event website to learn about the:
Register today to ensure your pick of the accommodation in Queenstown. Do not delay: rooms will sell quickly.
Attached for your convenience are the following PDFs:
We look forward to seeing you on the slopes!
ABA Event Manager
T: 02 9229 1720
M: 0411 323 873
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.
Legal practitioners with experience in criminal law and advocacy, and a passion for the administration of justice, are invited to apply for Senior Crown Prosecutor and Crown Prosecutor positions.
This is an exciting opportunity for suitably qualified and experienced legal practitioners to undertake and support criminal prosecutions on behalf of the Victorian community.
Crown Prosecutors perform a vital role in the criminal justice system, appearing on behalf of the Director of Public Prosecutions in criminal trials and appeals and providing legal advice to the Office of Public Prosecutions.
Working within the Crown Prosecutors’ Chambers is an opportunity to advance your career and be at the forefront of the move to sophisticated technology changes within criminal law, including e-trials.
The successful applicant/s will prosecute and advise on serious crimes, appear in a wide range of matters in all criminal jurisdictions, including regional courts.
The successful appointee(s) will have access to flexible working conditions.
Salary will be commensurate to relevant experience.
To submit your expression of interest please visit www.careers.vic.gov.au and provide a current CV and cover letter.
For more information please contact:
Chief Crown Prosecutor Brendan Kissane QC
ChiefCrown@opp.vic.gov.au
Applications close: 11.59 pm Sunday 2 June 2019
The Attorney-General seeks expressions of interest for appointment as a magistrate of the Magistrates’ Court of Victoria.
Magistrates are appointed by the Governor in Council, on the advice of the Attorney-General.
The Victorian Government is committed to ensuring that Victoria’s courts and tribunals reflect the rich diversity of the Victorian community. Applications are welcome from people of all ages, genders and sexual orientations, people with a disability (adjustments to the recruitment process will be provided upon request), Aboriginal Australians and people from culturally and linguistically diverse backgrounds.
Appointment is subject to probity checks, including a National Police Check.
To apply, please go to the Victorian Government’s ‘Get on Board’ website. Expressions of interest must be received no later than midnight on 19 May 2019.
Please note: Applicants who submitted an expression of interest in appointment as a magistrate before 1 January 2019 must resubmit an application if they wish to be considered for appointment.
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.
The 2019 William Ah Ket Scholarship is now open for expressions of interest.
The scholarship – named after Australia’s first barrister of Chinese background – is open to final year law students, law graduates undertaking practical legal training and young lawyers with no more than five years’ post-admission experience.
Applicants are required to write a paper researching a topic relating to equality, diversity and the legal profession or the law.
The winner of the Scholarship will receive $6,000. A further $1,000 prize will be given to two shortlisted entrants.
Expressions of interest to submit an essay are open until Friday, 31 May 2019. The deadline for submitting an essay is 9 August 2019.
The William Ah Ket Scholarship is an initiative by the Asian Australian Lawyers Association (AALA) and sponsored by law firm Maddocks. It is designed to recognise the historical contribution of William Ah Ket to the legal profession as the first Asian Australian barrister in Australia.
William studied at the University of Melbourne and then completed his articles at the firm of Maddock & Jamieson (now Maddocks) in 1903. William joined the Bar in 1904, becoming the first Chinese barrister to practise in Melbourne.
The judging panel for this year’s scholarship will be:
The winner will be announced by the Honourable Susan Kiefel AC, Chief Justice of the High Court of Australia, in Canberra in October 2019.
To submit an expression of interest or for more information on the William Ah Ket Scholarship, head to the AALA website.
An event to officially launch the William Ah Ket Scholarship will be held on 22 May 2019 at the Chinese Museum in Melbourne. If you would like to attend, please register here.
For more information, or to arrange an interview, please contact:
Jason Silverii
Communications Manager, Maddocks
Tel: 3 9258 3509
Mobile: 0407 618 058
jason.silverii@maddocks.com.au