In Brief Issue #920

5Jul
The Victorian Bar

Happy Holidays

We are at the halfway mark for the court winter vacation. Whether you are having some well-earned rest or remain in chambers, take a moment to see what’s happening near you for NAIDOC Week 2019 (7-14 July). The theme for this year is “Voice. Treaty. Truth.”

NAIDOC Week is an annual celebration of the history, culture and achievement of Australia’s Aboriginal and Torres Strait Islander people. The Bar’s Indigenous Justice Committee encourage all members to engage in NAIDOC Week events and support the Aboriginal community.

For more information about the Bar’s commitment and contribution towards reconciliation, see our Reconciliation Action Plan 2017-2020 here.

Vicbar News & Events
Intensive Cross Examination Workshop

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

“Feedback from the Bench” - Moot for Women Barristers

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.

Victorian Bar Member CPD Events
Vicbar Life
Opera comes to you at the Essoign on Wednesday the 28th of August

Join some of Australia’s finest young operatic artists from Melba Opera Trust as they beckon you into the world of passion, drama and exquisite singing that is opera.

With much loved favourites from The Magic Flute, Rusalka, The Tales of Hoffmann and The Barber of Seville, as well as great characters from Shakespearean operas like Romeo and Juliet and Falstaff, you will experience the full gamut of emotion and beauty that the human voice can convey. You also will enjoy the lusciousness of French mélodie alongside the good-natured romance of Italian popular song. Truly a night to savour.

Book now at www.trybooking.com/BDSES

See the event flyer attached for details.

Melbourne Lawyers' Orchestra and Habeas Chorus concert - March of the Women

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

Member Benefits Australia - July exclusive member offers

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

New book on The Crown

The Crown: Essays on its manifestation, power and accountability is edited by Martin Hinton and John M Williams and includes contributions from four Solicitors-General, six Supreme Court justices, and distinguished barristers and academics. The Hon. Justice Stephen Gageler AC has written the forward.

The book covers a range of topics including: sovereignty and the first Australians; the executive power of the crown; judicial review and the commonwealth crown; and advising and acting for the crown.

Net funds from the book’s sales will be shared with the Dean of Law’s scholarship fund for students at the University of Adelaide.

The paperback edition is $90 and the hardback edition is $120. For more information and to purchase The Crown, see here.

PODCAST: 'Just Cases' explores the biggest court cases you've never heard of

JUST CASES is back for a new season. The podcast explores weird, wonderful and important legal cases that have impacted on our daily lives but which have flown under the radar. 

A production of Monash Law, the podcast explores the characters involved and the groundbreaking (and sometimes-crazy) decisions that courts have made. 

Just Cases is available on all podcast apps and www.justcasespodcast.com.

Highlight episodes include:

"He knows how to operate in the shadows"

The corruption trial of former President of South Africa, Jacob Zuma, exposes the influence of weapons companies on governments worldwide.

Can a child decide to have gender-reassignment surgery?

Can children access hormone therapy or surgery? Just Cases speaks to the judge who decided this important case and learns what it’s like to make such life-changing decisions.

Why is our secular government allowed to fund religious schools?

A fight over a new toilet block at a Catholic school in 1962 turns into a major constitutional and ideological war, the effects of which last until today.

Are AFL footballers above the law? 

Can professional sports players be charged with assault? An infamous court case from 1985 may shed light. It involved the criminal prosecution of a man widely regarded as the greatest Australian rules footballer to have ever played the game.

The legal aftermath of the bombing of the Rainbow Warrior

The hunt for the perpetrators of a deadly attack on a Greenpeace vessel in New Zealand uncovers an international network of spies and an elaborate plot hatched in the upper echelons of world power.

New book on feminist engagement with International Law

The Research Handbook on Feminist Engagement with International Law is edited by Susan Harris Rimmer and Kate Ogg from Griffith University, and contains contributions from global gender experts.

Launched at the Australian and New Zealand Society of International Law (ANZSIL) conference in July, the book is a useful resource to help understand the past and future.

VicBar’s own Felicity Gerry QC is among the contributors, drawing on the seminal work of Charlesworth, Chinkin and Wright.

For more information and to purchase The Research Handbook on Feminist Engagement with International Law, see here.

Practice & Profession News
Building modification works in Trial Division Building

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

Annual Federal Courts and Tribunals – Fees increase July 1 2019

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.

New Report Released on Crossover Kids

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

Administrative Appeals Tribunal - 1 July 2019 fee increases

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

VCAT Guardianship List - The Guardianship Hub

VCAT Guardianship list

The VCAT guardianship list has published a new way of accessing VCAT's online services - the Guardianship Hub.

People applying to VCAT about guardianship, administration, medical treatment and powers of attorney can now:

•    create, save and submit the application at a time that suits 
•    upload documents 
•    get automatic reminders and alerts, such as when a hearing is scheduled
•    monitor the progress of their case
•    download their VCAT Order once it’s available.

Available on VCAT's website vcat.vic.gov.au, it replaces the previous online forms. A print-friendly form is still available.

Making VCAT applications 

VCAT’s Guardianship Hub is now available to anyone who needs to make and manage applications about guardianship, administration, medical treatment or powers of attorney. Get all details of the case in one place, from application through to final decision. To start an application in the Guardianship Hub, go to VCAT’s website and choose your case type (Guardianship and Powers of Attorney or Medical Treatment and Advance Care Directives). Click on Apply Now to access the Guardianship Hub.

If you have any questions about the Guardianship Hub, contact VCAT at humanrights@vcat.vic.gov.au.

Reappointment of Manager to George James Lawyers

On 25 June 2019, the Victorian Legal Services Board (the Board) resolved to reappoint Ms Penelope Pengilley as Manager of George James Lawyers (the Law Practice). The reappointment is for a period of three months and expires on 30 September 2019.

The Board determined to appoint a Manager because there was a need for an independent person to be appointed to take over professional and operational responsibility for the Law Practice.

Members of the Victorian Bar who have been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please ensure that this information is made available to all Bar members and ask that they contact Ms Pingelly on 0414 827 646 or at papingilley@gmail.com if they have any outstanding issues in relation to the Law Practice.

If you wish to discuss this matter further with the Board, please contact Chantalle Toussaint on 03 9679 8165 or via email at ctoussaint@lsbc.vic.gov.au.

Appointment of Manager to Dunstan & Raftis Pty Ltd

On 25 June 2019, the Victorian Legal Services Board (the Board) resolved to appoint Ms Penelope Pengilley as Manager for Dunstan & Raftis Pty Ltd (the Law Practice), pursuant to section 334 of the Legal Profession Uniform Law (‘Uniform Law’). The appointment is for a period of six months and expires on 30 December 2019.

The Board determined to appoint a Manager because there was a need for an independent person to be appointed to take over professional operational responsibility for the Law Practice.

Members of the Victorian Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please ensure that this information is made available to all Bar members and ask that they contact Ms Pingelly on 0414 827 646 or at papengilley@gmail.com if they have any outstanding issues in relation to the Law Practice.

If you wish to discuss this matter further with the Board, please contact Chantalle Toussaint on 03 9679 8165 or via email at ctoussaint@lsbc.vic.gov.au.

Notice of Termination – Appointment of Manager to Ainslie Harding & Wood Solicitors Pty Ltd

On 30 June 2019 the appointment of Paul McCarthy as Manager of the law practice Ainslie Harding & Wood Solicitors Pty Ltd (Law Practice) ceased because the term of the appointment came to an end and the Law Practice has been wound up.

If you wish to discuss this matter further with the Board, please contact Chantalle Toussaint on 03 9679 8165 or via email at ctoussaint@lsbc.vic.gov.au.

Notice of Termination – Appointment of Manager to Carroll & Dillon

On 30 June 2019 the appointment of Damian Neylon as Manager of the law practice Carroll & Dillon (Law Practice) ceased because the term of the appointment came to an end and the Law Practice has been wound up.

If you wish to discuss this matter further with the Board, please contact Chantalle Toussaint on 03 9679 8165 or via email at ctoussaint@lsbc.vic.gov.au.

Notice of Termination – Appointment of Manager to Paul Boer Associates Pty Ltd

On 30 June 2019 the appointment of John Corcoran as Manager of the law practice Paul Boers Associates Pty Ltd (Law Practice) ceased because the term of the appointment came to an end and the Law Practice has been wound up.

If you wish to discuss this matter further with the Board, please contact Chantalle Toussaint on 03 9679 8165 or via email at ctoussaint@lsbc.vic.gov.au.

Profession CPD & Events
Unconscionable conduct and 'bookup' system of credit provided to the indigenous community in the remote APY lands in South Australia

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
Admiralty and Maritime Law Seminar - 24 July 2019

24 July 2019 – 1.10pm-1.50pm EST

Topic:

Salvage learnings from the Thor Commander

Justice Angus Stewart

 

Venues:

 

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

Booking:

Not required

Enquiries:

Tony Tesoriero (02) 9217 7624 or tony.tesoriero@fedcourt.gov.au

 

Inaugural John Emerson AM Oration delivered by Robert Fitzgerald AM - Legal Practice Section - Law Council of Australia

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.

Cyngler Consulting August Courses

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.

Antipodean Advocacy: Trans-Tasman Perspectives

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

32nd LAWASIA Conference 2019

DATE:  5 – 8 November 2019, Hong Kong SAR

VENUE:  JW Marriott Hotel Hong Kong & Hong Kong Convention and Exhibition Centre

WEBSITEhttps://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.

The AIJA’s conference on Youth Justice, November 8-9, Melbourne

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

Careers & Opportunities
Australian Academy of Law: Annual Essay Prize 2019

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.

InBrief Submissions - please email to: inbrief@vicbar.com.au 
Deadline for the next issue:5pm, 11th July 2019