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In Brief Issue #921
12Jul
Greetings from Convergence, the ABA’s international conference in Singapore, where more than 200 delegates have gathered from all Australian bars – including a very healthy contingent from the Victorian Bar, the judiciary and the wider profession.
The conference got off to a superb start yesterday with opening speeches by Jennifer Batrouney QC, President of the ABA and his Excellency Bruce Gosper, the Australian High Commissioner to Singapore on Australia in the Asian Century.
Chief Justice Susan Kiefel AC (High Court of Australia) and Chief Justice Sundaresh Menon (Chief Justice of Singapore) then gave a joint keynote address on the conference theme of convergence - and divergence - between the legal systems of Australia and Singapore. Their Honours emphasised the already close working relationship between the judiciary and profession in our two countries, as well as the many opportunities to work together and promote the rule of law in the region.
There was an interesting plenary session yesterday on creating a win/win relationship with corporate counsel, and a thought-provoking plenary on ethics in advocacy, featuring our own Sashi Maharaj QC. After lunch, there were workshops on international commercial mediation, arbitration, IP & technology disputes and contract law – all providing valuable insights into the opportunities and challenges in the region.
There has been great camaraderie among all those present, and many opportunities to catch up with colleagues from companion bars, including at the opening drinks at the Andaz on Wednesday night, a ‘meeting the silks’ session for junior counsel today and the social event last night at the National Gallery of Singapore.
Around the time In Brief comes out, I am likely to be presenting my Hypothetical on ethical issues in domestic and international litigation, immediately following the Hon Susan Crennan AC QC, the Hon Justice Stephen Gageler AC, the Hon Justice Andrew Bell, and the Hon Justice Craig Colvin, who will discuss the topic: an Australian International Commercial Court: not a bad idea or what a bad idea? The conference will come to a close this evening at a black tie gala dinner at the Clifford Pier at the Fullerton Bay Hotel.
Congratulations to Jennifer Batrouney QC and the whole team at the ABA for a successful conference.
After the Gala dinner tonight I will be returning to my winter break. My usual weekly message will resume in In Brief on 2 August.
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
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
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
Don't miss out on these exclusive member deals for July with some great offers and gift ideas.
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 foreward.
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.
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.
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.
Take advantage of a 35% discount - go to our website, add the book to your basket, then click on 'your basket' and enter FEM35 in the discount code box before checkout. Alternatively email: sales@e-elgar.co.uk quoting the discount code FEM35 with your payment details and we can process it.
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 2018-2019 financial year has recently ended, and annual reports of briefing entities who have adopted the Law Council’s Equitable Briefing Policy are due by 30 September 2019.
The Equitable Briefing Policy Reporting Template and Guidelines provide information on the reporting requirements and the reporting template.
If your organisation has adopted the policy, please use the following link to provide your annual report for the 2018-19 financial year.
If you have adopted the policy as counsel, please use the following link to provide your annual report for the 2018-19 financial year.
In adopting the policy, briefing entities committed to providing a confidential annual report to the Law Council on their briefing practices and measures taken to implement the policy.
The Law Council will subsequently collate data provided in the annual reports and produce a final report of figures for publication. All data published in the final report will be aggregated and de-identified, in order to maintain the confidentiality of individual briefing entities.
Thank you in advance for taking the time to submit your report.
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.
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 Pengilley 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.
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 Pengilley 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.
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.
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.
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.
The Victorian Law Reform Commission is calling for submissions to a review that could lead to important changes to the state’s committals system.
The Commission has been asked by the state government to determine whether the committals process can be made more efficient, reducing the trauma to victims of crime while ensuring fair trial rights. Options under consideration include reforming the process or abolishing committals completely.
The Commission has published an issues paper and questions on its website. Questions include the extent of cross-examination at committal, the role of the Director of Public Prosecutions, and whether there are other ways to ensure that cases are resolved quickly and parties are prepared for trial. The paper includes options for consideration.
Visit the Victorian Law Reform Commission website (https://www.lawreform.vic.gov.au) to download the issues paper and make a submission. The Commission is consulting widely during July and August, and submissions are open until 16 August 2019.
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 |
By mid-2021, all 31 courtrooms and three mediation rooms will be renewed into eCourt enabled spaces to support the increasingly digital nature of matters heard at the Supreme Court of Victoria.
Practitioners are invited to see the first courtrooms that are now eCourt enabled. All are welcome to bring their devices to plug and play and experiment with connectivity and evidence presentation both wired and wirelessly.
The first open session will be in July. To book, visit https://ecourtsplugandplaysessions.eventbrite.com.au
For more information on the eCourts Renewal Project, visit https://www.supremecourt.vic.gov.au/news/ecourts-renewal-project
The MCLA is hosting a breakfast on Tuesday 30 July with Mark Sneddon speaking on “Being Faithful in a Secular and Politicized Workplace”.
The breakfast will take place at 7.30 at the Essoign Club. The cost is $35 and is due on Wednesday 24 July. All welcome - please see www.catholiclawyers.com.au for details.
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.
Don’t miss the Innovation in Legal Practice Summit in Melbourne on 9 August at the College of Law Victoria. 40 presenters, 7 sessions and 10 “ask the expert” pop ups. 25% discount for all VIC Bar members ($322.50 inc GST). Please contact us at CLI@collaw.edu.au for a discount voucher.
Please visit the Centre for Legal Innovation’s website for your full Summit program.
Dates: Friday 9 August to Sunday 11 August 2019
Venue: RACV Club, 501 Bourke St, Melbourne VIC 3000
Tickets: https://www.trybooking.com/BCGTY
Click here for the full program.
Further information can be found via our website at: https://www.samuelgriffith.org/2019
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
For those with an interest in legal history, the 2019 Australian and New Zealand Law and History Society (ANZLHS) conference is being held in Melbourne 11-14 December this year, at the Victoria University Queen Street campus and welcomes perspectives and participants from practice as well as academia. Proposals for papers are invited by 21 July – details plus a registration link are available here: https://www.deakin.edu.au/about-deakin/events/2019-anzlhs-conference.
Keynote presenters include The Honourable Justice Chris Maxwell, President of the Victorian Court of Appeal, Prof Martha S Jones, Professor John Hudson and Professor Shaunnagh Dorset, as well as plenary sessions on ‘Journalists, Whistle-blowers, Sedition and Rights’ (featuring Professor George Williams and Professor Peter Greste) and ‘From Encounter to Treaty’ (featuring Ann Genovese, Mark McMillan, Julie Evans, Joanna Cruickshank, Shaun McVeigh and Crystal McKinnon).
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.
HALC is a voluntary legal service that operates once a week from premises in Prahran. We are short of volunteers in the areas of Immigration Law, Discrimination Law & Employment Law. If you are proficient in any of these areas, & can contribute a few hours, every few weeks, we’d love to hear from you!
Please note that you will not be required on a weekly basis. Most volunteers come in once or twice a month, by prior appointment, only.
Enquiries, enclosing a brief CV & your contact details, can be directed to the Coordinator, at legal@thorneharbour.org
A $1,500 prize is up for grabs in an essay competition being run by the Australian Italian Lawyers Association (AILA).
Entries are invited from students studying a Bachelor, Juris Doctor or Masters level law degree at the date the entry is submitted.
The judging criteria will focus on originality, quality of the analysis, quality and depth of research, as well as quality of structure and writing.
The essay prize will be presented to the winner at the at the AILA Annual Dinner in October 2019. The essay will also be published on AILA’s website.
Question:
When refusing Lawyer X’s s special leave application to prevent disclosure of her identity, the High Court of Australia stated:
“[Lawyer X's] actions in purporting to act as counsel for the Convicted Persons while covertly informing against them were fundamental and appalling breaches of [Lawyer X's] obligations as counsel to her clients and of [her] duties to the court”.
- Discuss how the criminal justice system is undermined when a lawyer acts as a police informant whilst simultaneously representing those whom they inform against.
- Which obligations as counsel and duties to the court are breached by such conduct?
Rules:
The word limit is 2,500 words (excluding footnotes).
All entries should be typed in a Word document clearly identifying the author’s name, contact details and university. Referencing should follow the 4th edition of the Australian Guide to Legal Citation. A bibliography is not required.
The closing date for entries is 5pm on Friday, 30 August 2019
Each entry should be sent by email to Joseph Carbone, AILA Secretary at australianitalianlawyers@gmail.com
Anonymised versions of the essays will be blind marked by a panel of three judges.
Deadline for the next issue:5pm, 18th July 2019