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In Brief Issue #919
28Jun
I hope that as many members as possible are managing to get some time off during the courts’ winter recess over the next couple of weeks. For those who are taking a break, I wish you all a restful time with friends and family. By the time you read this, I will have commenced a few weeks’ leave, to be interrupted by the ABA Conference in Singapore the week after next. For those of you who are not taking a break, you have my sympathy and respect, please hold the fort.
Cliff Pannam QC retires
On behalf of the Bar, I wish Cliff Pannam QC a long and happy retirement, following 52 years of practice at the Victorian Bar. Cliff is renowned for, among other matters, being fair and generous, with a dedication to camaraderie at the Bar. In the 2014 Summer edition of Bar News, the Hon Julie Dodds-Streeton referred to him as an outstanding advocate, with ‘superb intellectual qualities and unequalled legal scholarship, who had the intellectual self-confidence to abandon his lesser points’. George Golvan AM QC described him in the same article as ‘an outstanding barrister who has enriched the law with his brilliant advocacy’, sentiments widely shared at the Bar. Happy retirement, Cliff.
Supreme Court corridor closure
As of Monday 8 July, the corridor between the Supreme Court’s William Street entrance through to the rotunda near the Banco courtroom, will be closed permanently. The space will be restricted to members of the Supreme Court. The Banco courtroom, and courtrooms 2 to 7, will continue to be accessible from the William Street entrance, by walking straight past the information desk and through the doors toward the Law Library, turning left before the library and continuing on towards the courtrooms under the veranda. Access via the Lonsdale Street entrance remains unchanged. The Court will have signs directing people along the new route.
“Trans-Tasman Perspectives” Conference
The Australian Bar Association and the New Zealand Bar Association will co-host the “Trans-Tasman Perspectives” conference in Queenstown, New Zealand, on 23 and 24 August 2019.
The program features the Rt Hon Chief Justice Dame Helen Winkelmann as the keynote speaker on the rule of law. The conference organisers have announced a new session on The Reasoned Negotiation of Risk: Balancing National Security and Civil Liberties in Western Democracies, to be presented by Dr Anne Aly MP, who is the founder of People Against Violent Extremism and a professor at Curtin University and Edith Cowan University. More details including registration, accommodation and travel options in the notice below.
A busy week
I sprinted to the finish line before starting leave on Wednesday. The Preliminary Evaluation Committee met twice to finalise our recommendations to the Chief Justice for silk applications in 2019. The Bar’s CEO and I met with the Legal Services Commissioner and staff to discuss our delegated functions, and I chaired meetings of the media law section of CommBar and the Bar Council’s diversity & inclusion working group. Results of the entrance exam for the Bar readers’ course were also finalised.
Members should have received their annual Bar Subscription packs a few weeks ago. Subscription fees are due by 1 July 2019. Each pack includes letters respectfully asking for end-of-financial year donations to the three crucial Bar charities that rely on your generosity in order to perform their important work.
Victorian Bar Foundation – letter and donation form
Barristers’ Benevolent Foundation – letter and donation form
The Peter O’Callaghan QC Gallery – letter and donation form
REGISTRATION ESSENTIAL. CLICK HERE TO REGISTER.
Cross examination is one of the most important skills of any trial barrister in both criminal and civil jurisdictions. Development of cross examination skills takes time and experience.
This two-part workshop gives participants the opportunity to work with experienced cross examiners and senior advocacy instructors to further develop cross examination skills. Each participant will have an opportunity to perform an allocated cross examination task and receive feedback.
WHO SHOULD ATTEND
Counsel who have some cross examination experience and wish further to develop their cross examination skills and techniques in this intensive learning environment.
DATES and TIMES
Introduction Session: Wednesday 31 July 2019
5.00pm – 7.30pm
Performance & review: Wednesday 7 August 2019
5.00 – 7.30pm
WHERE
Neil McPhee Room, Level 1
Owen Dixon Chambers East
205 William Street, Melbourne
WBA will be running the 2019 Feedback from the Bench Moot for Women Barristers on Saturday 7 September 2019.
Eight places are available to WBA members to appear in a mock appeal held in the Court of Appeal before members of the Court of Appeal and Supreme Court.
The problem has been drafted by her Honour Justice Tate and involves an appeal of a decision of the VCAT relating to the Freedom of Information Act 1982 (Vic).
Find more details about the Moot here.
This is a unique opportunity for barristers to obtain valuable feedback on their advocacy.
Expressions of interest should be sent to Georgia Berlic at gberlic@vicbar.com.au by COB 10 July 2019.
All members are encouraged to apply.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
Claim your RACV Club benefits today
The Victorian Bar has secured RACV Club benefits for its members in Melbourne City and Healesville.
A special introductory offer for Vic Bar members wanting to join the RACV Club ends on 30 June, 2019. If you join before 30 June 2019, the RACV will waive its joining fee, so the annual membership fee of $910 will be reduced to $520. Membership includes exclusive access to the RACV City Club in Melbourne’s CBD, the Healesville Country Club in the Yarra Valley, and over 160 reciprocal clubs globally.
By joining RACV Club, you gain access to a range of social, leisure and business facilities and services. You will receive a 50% discount on accommodation at RACV Resorts, as well as discounted dining and day spa packages through the club rewards program. Members also receive unlimited golf with their stay at the Healesville Country Club, which boasts one of the best golf courses in Australia.
Other exclusive offerings for RACV Club members includes access to the fully equipped business centre and discounted parking rates at the Melbourne CBD venue. An optional subscription to the RACV Club fitness facilities in Bourke Street (valued at $595) is also available to members.
- To become a member, print and complete this form.
- Scan and send your completed form to clubmembership@racv.com.au before 30 June, 2019.
- Click here for more information about the Victorian Bar’s associate corporate membership program with the RACV Club.
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.
Thank you to our members who attended last week’s Craiglee wine dinner. We are extending the Craiglee wine offer to those of you that could not attend the dinner event. Download order form and email Antonio by today, Friday the 28th of June at antoniof@vicbar.com.au
AND:
Save the date, Wednesday the 28th of August, a night at the Opera comes to you at the Essoign Club. Stay tuned for booking details to come.
The Melbourne Lawyers' Orchestra and Habeas Chorus present March of the Women, a concert celebrating diversity through the music of female composers. The concert features works from the 1800's through to the modern era by women of diverse cultural backgrounds. Though this concert, we draw a connection with the ongoing work being done to promote diversity in the legal industry. Saturday 6 July 2019, 7pm, Werner Brodbeck Hall (Scots' Church), 156 Collins St. Tickets available now at https://events.ticketbooth.com.au/event/marchofthewomen
Don't miss out on these exclusive member deals for June with some great offers and gift ideas.
The fees payable in the federal courts and tribunals will increase from 1 July 2019 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided by the relevant fees regulations.
A copy of a notice published in the Government Notices Gazette on 4 June 2019 setting out the new fees payable can be found at: https://www.legislation.gov.au/Details/C2019G00482.
The action officer for this matter is Jessica Campbell who may be contacted on (02) 6141 3586.
From 8 July, building modification works will change the way people access certain areas of the Court.
Building modification works in the Supreme Court will soon change the way that people access some parts of the Trial Division building.
As of 8 July 2019, the corridor between the entrance at 210 William Street and the rotunda near Banco courtroom, will be permanently closed. This space will be restricted to members of the Supreme Court.
Banco, and courtrooms 2 through to 7, will continue to be accessible from the entrance at 210 William Street by proceeding past the information desk and through the doors toward the Law Library, turning left and continuing on towards the courtroom under the veranda.
Access to Banco, and courtrooms 2 through to 7, from 485 Lonsdale Street entrance remains unaffected.
https://www.supremecourt.vic.gov.au/news/building-modification-works-in-trial-division-building
The Federal Courts and Tribunals has advised the Law Council that as of 1 July 2019 they have increased their application fees to reflect changes to the consumer price index over the past financial year.
A copy of the notice published in the Government Notices Gazette on June 4 2019 setting out the new fees payable has been included with this memo and can be found at
http://www.legislation.gov.au/Details/C2019G00482
Should your members have any questions about the change to the fees, please contact the
action officer Jessica Campbell directly on 002 6141 3586.
27 June 2019
The Sentencing Advisory Council today released a report on children known to Victoria’s child protection service appearing in the Children’s Court.
The report examines the level of involvement in the child protection system of 5,063 children sentenced or diverted in the Children’s Court in the calendar years 2016 and 2017.
The report finds that children with some degree of involvement in the child protection system are over-represented among those appearing in the Children’s Court. For example, of the 5,063 sentenced and diverted children, 38% were the subject of at least one child protection report (1,938 children), 25% were the subject of at least one substantiated report (1,286 children), 18% were the subject of at least one child protection order (892 children) and 15% experienced out-of-home care (767 children).
The highest rate of child protection involvement was found among children sentenced to custodial orders and children aged 10–13 at first sentence.
The report also finds that Aboriginal and Torres Strait Islander children were particularly over-represented among sentenced or diverted children known to child protection.
Crossover Kids: Vulnerable Children in the Youth Justice System: Report 1: Children Who Are Known to Child Protection among Sentenced and Diverted Children in the Victorian Children’s Court is available for download from the Council's website at the following address: https://www.sentencingcouncil.vic.gov.au/publications/crossover-kids-vulnerable-children-youth-justice-system
Application fees are payable in the Administrative Appeals Tribunal in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015. The amounts of these fees will increase on 1 July 2019.
From 1 July 2019, the standard application fee that may be payable will be $932. The lower application fee payable for lodging certain taxation applications, including where the amount in dispute is less than $5,000, will be $92.
There are no changes to:
- The $100 fee that is payable if a person is eligible to pay a concessional fee rather than a standard application fee.
- The standard fee that is payable for review of Small Business Taxation Decisions, which remains at $500.
Application fees in the Tribunal’s Migration and Refugee Division will increase to $1,787. Where a 50% reduction is granted in that Division, the fee will be $893.50.
If you have any questions about the change to the fees, please contact the AAT’s Legal and Policy Section on (02) 9276 5553 or at legalandpolicy@aat.gov.au
Registrations are now open for the 2019 CIArb Accelerated Route Towards Fellowship (ARF) course which will be held from 29 – 30 June 2019 in Sydney.
Providing a fast-track route towards Fellowship through the CIArb International Arbitration Pathway, the Accelerated Route Towards Fellowship has been designed for busy, legally qualified professionals who have substantial unassessed knowledge and experience of international arbitration. The aim of the program is to assess whether the candidate has the knowledge required to apply the principles and procedure of international arbitration using arbitration legislation based on the UNCITRAL Model Law and Arbitration Rules and is capable of writing an reasoned and enforceable International Arbitration Award. Candidates must evaluate their personal suitability to undertake the program, appreciating that the assessments are intensive and that they will be assessed against standard benchmarks.
Melbourne Law School
Wednesday 10 July at 6.30 - 7.45.
[Room920]
In the recent decision, ASIC v Kobelt [2019] HCA 18, the High Court held that an informal, expensive and largely undocumented credit scheme known as ‘book-up’ provided by Mr Kobelt to the indigenous residents of the remote South Australian APY Lands, the Anangu people, was not unconscionable under the ASIC Act.
In this evening seminar, an expert panel of speakers will consider the decision and its legal and policy consequences.
- Professor Ian Ramsay, MLS (chair)
- Professor Jeannie Marie Paterson, MLS
- Dr Michelle Sharpe, Barrister, Castan Chambers
- Gerard Brody, Chief Executive Officer, Consumer Action Law Centre
- Nathan Boyle, Senior Analyst, ASIC Indigenous Outreach Program
24 July 2019 – 1.10pm-1.50pm EST
Topic:
Salvage learnings from the Thor Commander
Justice Angus Stewart
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Venues:
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Law Courts Building, Queens Square, Sydney; court room 18A. Video link will be available at the following locations: Adelaide: Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street; court room 3 Brisbane: Law Courts Building, 119 North Quay; court room 6 Canberra: Nigel Bowen Commonwealth Law Courts Building, Childers Street Darwin: Supreme Court Building, State Square; court room 9 Hobart: Edward Braddon Commonwealth Law Courts Building, 39-41 Davey Street; court room 4 Melbourne: Owen Dixon Commonwealth Law Courts Building, 305 William Street; court room 8A Perth: Peter Durack Commonwealth Law Courts Building, 1 Victoria Avenue; court room 4 |
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Booking: |
Not required |
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Enquiries: |
Tony Tesoriero (02) 9217 7624 or tony.tesoriero@fedcourt.gov.au |
The Charities and Not for Profits Committee of the Legal Practice Section will host the inaugural John Emerson AM Oration on 7 August 2019.
The oration will be delivered by Robert Fitzgerald AM in relation to ‘Lawyers and their influence under the public spotlight’ - Will Royal Commissions and community expectations change legal practice?
You are invited to register by using the this link.
For any inquiries please do not hesitate to contact Travis Kotzur.
Conflict Management Courses
- Are you wanting to extend and enlarge your mediation skills?
- Do you need mediation accreditation or reaccreditation?
We have two exciting opportunities coming up in August, the first is our Mediation Masterclass followed by our 6 day National Mediator Accreditation workshop. Don't forget to grab early bird discount offers!
August 12, 13 and 14
Mediation Master Class - 3 Days
August 19-21 and 26-28
National Mediator Accreditation - 6 Days
Visit our website www.cynglerconsulting.com for more information and more course dates.
ABA/NZBA Joint Conference | Queenstown | 23-24 August 2019
As you will be aware the conference ‘Antipodean Advocacy: Trans-Tasman Perspectives’ will explore the nuances between the two jurisdictions and discuss various areas where we can learn from each other. Join the ABA and your trans-Tasman colleagues for this exciting 1.5 day conference.
NEW SESSION ANNOUNCEMENT
The Reasoned Negotiation of Risk: Balancing National Security and Civil Liberties in Western Democracies
The ABA and NZBA are delighted to confirm that Dr Anne Aly MP, Federal Member for Cowan, will present one of the conference's keynotes. Founder of People Against Violent Extremism, a Professor at Curtin University and Edith Cowan University, Dr Aly has written on terrorist recruitment and counter-messaging. With the increasing global concern of terrorism in modern society, this keynote will explore the role and challenges of the law and law makers in tackling terrorism in present day.
Dr Anne Aly MP, Member for Cowan
Dr Aly is the Labor Federal Member for Cowan elected in 2016.
Anne’s background is as a Professor, Academic and Practitioner in the fields of counter terrorism and counter radicalisation. She has published over 100 articles and texts on terrorism and related issues and is the author and editor of five books. Prior to becoming an academic she worked in government policy.
Anne is the founder of Australia’s first non-government organisation to combat violent extremism. People against Violent Extremism (PaVE) is a not for profit organisation that developed a social media campaign against violent extremism and delivered a series of hackathons to harness young people’s skills and talents to address issues in their communities.
Anne’s contributions to national and international security have been recognised internationally. In 2015 she was the only Australian civil society representative to be invited to speak at President Obama’s White House Summit on CVE. Later that year, she was again the only Australian representative to participate in the Club de Madrid +10 policy dialogues. Anne has also been an expert adviser to the United Nations Security Council and has participated in experts’ meetings.
In 2011, Anne was inducted into the WA Women’s Hall of Fame. In 2014, she was named one of Australia’s 100 most Influential Women by Westpac/Fin Review. In 2016 she was awarded the Instyle Woman of Style award in the category of Community and Charity. Also in 2016 Anne was nominated for the Australian of the Year and received the prestigious Australian Security Medal.
Anne lives in her electorate in the northern suburbs with her husband David. She has two adult sons.
Register today to attend Dr Aly's keynote: "The Reasoned Negotiation of Risk: Balancing National Security and Civil Liberties in Western Democracies"
Looking for a luxury escape? Stay at the Hotel St Moritz and be treated to wrap around views from Lake Wakatipu to The Remarkables mountain range. Simply select St Moritz as your accommodation option during registration.
For more information on the conference, activities and social events, visit https://nzconf.austbar.asn.au/
We look forward to welcoming you
Enquiries
Camilla Gray
ABA Event Manager
T: 02 9229 1720
M: 0411 323 873
DATE: 5 – 8 November 2019, Hong Kong SAR
VENUE: JW Marriott Hotel Hong Kong & Hong Kong Convention and Exhibition Centre
WEBSITE: https://lawasia2019.com/
THEME: ‘Harmonisation through Synergy’
REGISTER NOW AT EARLY BIRD RATE!
The Annual Conference is LAWASIA’s flagship event and the highlight of its professional events program. Held in Hong Kong, a city boasting one of the best city skylines and the perfect balance of east and west coming together, the 32nd LAWASIA Conference will examine a range of topics, including:
- Risk management in mediation and arbitration for international and cross-border disputes
- The challenges of cross-border cartel enforcement
- The extra-territorial impact of the General Data Protection Regulation (GDPR) on businesses in the Asia Pacific region
- Sports contracts management and sports dispute resolution
- Fintech, cryptocurrency and initial coin offering
- Legal responsibility of enterprises for climate change and its consequences
- Employee’s protection: sexual harassment, equality and diversity
- Human rights issues in the 21st century tackled at its source
- Legal professional privilege in in-house environment – local and international challenges
- Law on child protection in a cross-border context
- Anti-corruption and anti-money laundering in the Asia Pacific region
- Enforcement of IP rights, with a focus on counterfeiting activity in the Asian region
- Age of millennials and gen-z lawyers; and more.
Please visit the conference website to register and for more information on travel, accommodation and the conference program.
What are the latest and most pressing problems in the highly complex area of youth justice? And how can the various courts and tribunals of Australia’s juvenile justice system work together to provide a more effective and responsive youth justice system for all young people, including Indigenous, African and Pacific Islander youth?
Judicial officers, lawyers, police, medical experts, psychologists and social scientists from around Australia will be convening to discuss these issues at the Australasian Institute of Judicial Administration’s conference on youth justice, to be held on November 8-9 at Melbourne’s Rendezvous Hotel.
Join them in panel sessions that will focus on identifying the most urgent issues at hand in youth justice and on finding practical solutions for them. Conference sessions will also cover the complex medical and psychological issues that are relevant in a jurisdiction that, at its best, can help divert the flow of damaged, marginalised and brutalised children away from youth detention and the adult prison system and back into family life.
A must for any professional working in this area, the conference will begin with keynotes from the NT’s Judge Sue Oliver and them from Judge Amanda Chambers, President of the Children’s Court of Victoria, together with Judge Peter Johnstone, President of the Children’s Court of NSW .
Read the program at http://www.justiceforyoungpeople.com.au/program
And register now at http://www.justiceforyoungpeople.com.au/registration
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 Australian Academy of Law is pleased to announce the offering of its Annual Essay Prize for 2019.
The Prize is open to anyone, wherever resident, who is studying or has studied legal subjects at a tertiary level, or who is working or has worked in a law based occupation. There is no limit by reference to the age or seniority or experience of, or position held by, a person who may submit an entry. Accordingly, judicial officers, legal practitioners, legal academics and law students are all eligible to submit an essay.
The amount of the Prize is $10,000.
The essay topic for the Prize in 2019 is as follows:
How do private law and public law interact in Australia? What are, and what should be, the available remedies (public or private or both) where they interact?
The deadline for the submission of an essay is 31 August 2019. This time limit is strictly observed, as the Rules Governing the Annual Essay Prize make clear.
Those Rules can be accessed on the Academy’s website: www.academyoflaw.org.au
Refer to the Academy’s website also for further information about the actual submission of an entry as well as information on previous winners.
The Attorney-General seeks expressions of interest for appointment as full-time or sessional members of the Victorian Civil and Administrative Tribunal (VCAT), for the Planning and Environment, Building and Property, Guardianship, Human Rights, and Review and Regulation Lists.
VCAT members are appointed for a period of seven years by the Governor in Council on the recommendation of the Attorney-General. Qualifications and conditions of employment are set out in Part 2 of the Victorian Civil and Administrative Tribunal Act 1998.
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 30 June 2019.
Please note: Applicants who submitted an expression of interest in appointment as a VCAT member before 1 January 2019 must resubmit an application if they wish to be considered for appointment.
Deadline for the next issue:5pm, 4th July 2019