In Brief Issue #923

The Victorian Bar

The President's Message will return on 2 August.  Please see below for updated notices on events and opportunities for our members.

Vicbar News & Events
Call for comment on proposed amendment to the CPD rules

Members are invited to comment on a proposed amendment to the CPD rules. 

On 4 June this year the ABA wrote to the Legal Services Commissioner to seek an amendment to the CPD rules.

The ABA has received from the LSC a copy of a draft rule produced by the NSW Parliamentary Counsel.

The next step is to engage in public consultation in relation to the draft rule. To this end, the Executive Director of the NSW Bar Association has written to each of the Victorian, NSW and Western Australian Bars pursuant to section 427(5)(b) of the Uniform Law to invite submissions about the draft amendment. Click here for the draft rule.

The draft Rule, if made, will amend the CPD Rules by:

  • Inserting a new rule 6A for the purpose of making it easier for barristers to know what types of activities they can perform in order for such activities to constitute a ‘CPD activity’ (i.e. attending a seminar; preparation or editing of an article published in a legal publication; or membership of a committee or working group of a professional association provided that the barrister regularly attends its meetings);
  • Deleting current rule 6(c) and inserting a new rule 6(c) that clarifies that a CPD activity must be relevant to a “barrister’s professional development needs in relation to the barrister’s practice of the law”. This is different from the existing rule, which requires that a CPD activity be relevant to a barrister’s “immediate or long term” needs in relation to their professional development as a barrister and their practice of law; and
  • Simplifying the definition of ‘CPD activity’.

Please send any comments on the draft rule to by Friday 16 August 2019 

Victorian Bar CPD: Us Too? Bullying and Sexual Harassment in the Legal Profession – How are the Bars Responding?

The Victorian Bar's Equality and Diversity Committee together with the International Bar Association are pleased to invite you to a CPD seminar on "Us Too? Bullying and Sexual Harassment in the Legal Profession – How are the Bars Responding?"

In May, the International Bar Association published a landmark report which highlighted the alarming prevalence of bullying and sexual harassment in the legal profession. The report found that these forms of misconduct are particularly rife at the Bar. This CPD session will discuss the research and outline what steps the Bars have taken and will take to ensure the Bar is a positive, inclusive and harassment-free workplace.

Jenny Firkin QC, Chair, Equality & Diversity Committee

Jennifer Batrouney QC, President, Australian Bar Association

Fiona McLeod SC, Co-Chair, IBA Diversity and Inclusion Council

Kieran Pender, Senior Legal Advisor, International Bar Association

Wednesday 14 August 2019

5.15pm - 6.15pm

Followed by drinks in the Library


Expressions of Interest for Equality and Diversity Committee Working Groups

The Equality and Diversity Committee has a role in facilitating actions and programs to promote, educate and support members of the Victorian Bar. The Committee has formed a number of working groups focussing on specific diversity issues affecting members of the Victorian Bar and the legal profession generally.

The Committee is now forming a discrete working group to address gender issues, and calling for further members to join its Disability and Access Working Group and its Race, Ethnicity & Cultural Diversity Working Group.

If you are interested in joining any of these Working Groups, please contact by phone or email:

Gender Equality Working Group

Disability and Access Working Group

Race, Ethnicity & Cultural Diversity Working Group

The Victorian Bar Choir: Join us in Term 3

Join fellow barristers and members of the VicBar community for an hour of relaxation and fun. Experience and obvious talent not required. All welcome.

Click here to view the flyer

Click here for the registration form

Bullying and Sexual Harassment in the Legal Profession Seminar

The International Bar Association, together with MinterEllison, the Law Council of Australia, the Law Institute of Victoria and the Victorian Bar will host a panel event to discuss findings from the IBA’s report Us Too? Bullying and Sexual Harassment in the Legal Profession. The landmark report analyses data collected from the largest-ever global survey on the prevalence, nature and impact of bullying and sexual harassment in the legal profession. The report also provides 10 recommendations to aid the profession's efforts to achieve meaningful change. This event is free and open to the public – IBA membership is not required – but registration is essential.

13 August 2019

7.30am – 9.30am

Breakfast from 7.30am for an 8am start, with remarks concluding at 9.15am


Rialto Towers
525 Collins Street
Melbourne VIC 3000


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

See the event flyer attached for details.

Member Benefits Australia - July exclusive member offers
Studio 11 Art Exhibition - Outside In

Image - Graeme Myrteza, ‘Standing Tall’ oil on canvas, 1400 x 1000

Studio 11 Art Exhibition - Outside In - Features the works, disciplines and passions of  three studios comprising Australian landscape paintings by Graeme Myrteza, sculpture by Lucy McEachern and Furniture/Products by PodMarket.  You are welcome to stay warm and visit the exhibition, featuring some 50 works, which have come from the studio to you.

You may wish to actually meet the artists on Thursday 8 August from 4.30-6.30pm at Level 11 ODCE. RSVP to by 6/8/19. Numbers are limited. The exhibition runs from 15 July to 20 September 2019. All works are for sale, directly from the artists, with no commission payable. Work sheets, including biographies and prices are located on level 11 East.

Supreme Court open for Open House

The Supreme Court of Victoria will be opening the Trial Division building at 210 William Street to the public on Sunday 28 July, from 10am to 4pm, as part of the Open House Melbourne 2019 festival. Visitors to the Court will have an opportunity to get inside courtrooms and take in the view from spaces usually occupied by jurors, barristers, the media and judges. Court staff will also be on hand to talk about how 21st century justice is delivered in a 135-year old building. For more information please refer to the Court’s website.

Personal Injury Social Drinks

Come to the Essoign from 5pm on Thursday 12 September for the Personal Injury Social Drinks, supporting Spinal Cord Injuries Australia.

Complimentary canapes included with a gold coin donation on arrival. All are welcome.

Practice & Profession News
Public consultation re proposed new rules regarding practice administration

The Legal Services Council has opened the 30-day public consultation period on proposed new rules regarding practice administration.

You can find the information on this here.

Appointment of Manager to Samantha Ward Pty

On 15 July 2019, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Paul McCarthy as Manager of the incorporated legal practice Samantha Ward Pty (‘the Law Practice’) pursuant to section 334 of the Uniform Law. Mr McCarthy’s appointment is for a period of nine months, expiring on 15 April 2019, unless extended or terminated pursuant to section 340 of the Legal Profession Uniform Law (Victoria).

The Board determined to appoint the Manager to the Law Practice because Ms Ward, the legal director, passed away and the Board is satisfied that there is a need for an independent person to be appointed to take over professional and operation 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 contact Mr McCarthy on (03) 9609 1643 or if you have any outstanding issues in relation to the Law Practice.

Profession CPD & Events
eCourts Invite: Demonstration and Plug and Play sessions at the Supreme Court of Victoria

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

For more information on the eCourts Renewal Project, visit

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.

Innovation in Legal Practice Summit: 9 August 2019, Melbourne

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 for a discount voucher.

Please visit the Centre for Legal Innovation’s website for your full Summit program.

2019 Samuel Griffith Society Conference

Dates: Friday 9 August to Sunday 11 August 2019

Venue: RACV Club, 501 Bourke St, Melbourne VIC 3000


Click here for the full program. 

Further information can be found via our website at:

Frankenstein’s Monster: Australian defamation laws and how to fix them

Australia's defamation laws are a monstrous mess. At this event, leading defamation lawyer, Dr Matt Collins AM QC, will explain the problems and prescribe some thought-provoking solutions.

Defamation laws are supposed to balance two fundamental rights when they come into conflict: the right to reputation, and the right to freedom of expression.

In this seminar, defamation silk Dr Matt Collins AM QC will argue that Australia’s defamation laws have come to resemble Frankenstein’s monster, and are failing both plaintiffs and publishers. He will explain why, for plaintiffs whose reputations have been ruined, our laws are incapable of providing effective remedies, while for publishers, our laws too often stymie serious investigative journalism exposing malfeasance in the public interest.

Drawing on his experience on both sides of the Bar table, and examples from cases including Rebel Wilson’s battle against Bauer Media and Geoffrey Rush’s case against the Daily Telegraph, Dr Collins will explain the problems as he sees them, and prescribe some thought-provoking solutions.

Includes light refreshments and an opportunity to network with students and legal practitioners.

When: Tuesday 20 August, 2019

Where: Deakin Downtown,
727 Collins Street
Tower 2 Level 12
Melbourne, VIC 3008

Time: 5:30pm-7:30pm

Cost: This is a free event

Click here to register

Contact Details


Business and Law Events


ABA/NZBA Joint Conference | Queenstown | 23-24 August 2019

Antipodean Advocacy: Trans-Tasman Perspectives

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.


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

We look forward to welcoming you


Camilla Gray

ABA Event Manager

T: 02 9229 1720

M: 0411 323 873

2019 CIArb Australia Accelerated Route Towards Membership (ARF) course

The 2019 CIArb Australia Accelerated Route Towards Membership (ARF) course will be held from 24 – 25 August 2019 in Melbourne.

Providing a fast-track route towards Membership through the CIArb International  Arbitration Pathway, the course has been designed for busy, legally qualified professionals who have some unassessed knowledge of international arbitration. The aim of the program is to assess whether the candidate has the knowledge required to understand the process of international arbitration. The course is a pathway to CIArb accreditation which carries a global qualification in the growing practice of international arbitration.


Paul Hayes QC (Course Director), Dever’s List, Melbourne and 39 Essex Chambers, London, Singapore and Kuala Lumpur and Dr Vicky PriskichBarrister and Arbitrator, Victorian Bar.

Course Venue:

Victorian Bar Council Chambers
Level 1, Owen Dixon Chambers East
205 William Street, Melbourne, Australia

Course Fee:

$2,500 (incl GST) which covers cost of tutorials, course materials, exam fees, lunch and morning/afternoon tea

Places are strictly limited and registrations close by COB on Monday, 29 July  2019

Please note this is the only ARM course to be conducted in 2019.

For full details and registration, please visit

Australian Academy of Law: Annual 2019 Seminar

The Australian Academy of Law event  - 'Democracy, Human Rights and the Judiciary: the common law and the wider world' will be held on Wednesday, 4 September in Court One at the Federal Court, Melbourne.

Sir Nicholas Blake will be the guest speaker and the event will be chaired by Chief Justice Allsop.

Click here for further details including registration information.

32nd LAWASIA Conference 2019

DATE:  5 – 8 November 2019, Hong Kong SAR

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


THEME: ‘Harmonisation through Synergy


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.

REGISTRATIONS NOW OPEN for HAL International Conference - Rhodes, Greece – 5-10 July 2020

HAL is hosting its second International Legal Conference on “Themes in Democracy – Liberty, Justice and Human Rights”.  HAL is privileged to have the Hon Justice Stephen Gageler AC as the keynote speaker.  In addition, HAL is also honoured to have all eight HAL Chapter Patrons as speakers, as well as confirmed overseas speakers, Baroness Helena Kennedy QC, Lord Ken Macdonald QC and the Hon Justice Kevin Zervos.

Registrations are now open and those wishing to attend are encouraged to register early to avoid missing out as the number of places available is limited. A number of optional tours, which are different to the 2018 Conference tours, are included in the registration fee, and have been organised for delegates and accompanying persons.

Further details are available at

Careers & Opportunities
Public Defender opportunity - Legal Aid Queensland

Do you want more from your career? Like the chance to do important and interesting work, excellent working conditions and a competitive salary and benefits package? Then we’d like to hear from you! Legal Aid Queensland is an independent statutory authority funded by the state and federal governments. We are one of Queensland’s largest law firms, providing legal services to more than 200,000 Queenslanders each year.

Legal Aid Queensland’s Counsel division is made up of our in-house barristers providing efficient, effective and high-quality specialist legal advocacy services. Our Counsel division:

  • carries out complex trials and sentences in the Supreme, District and Magistrates Courts
  • appears in Mental Health Court sittings
  • appears in the Supreme Court’s civil jurisdiction for respondents in applications brought under the Dangerous Prisoners (Sexual Offenders) Act
  • provides advice and representation in family and civil law matters.

Our Townsville and Brisbane-based barristers also appear in regional courts, including circuit courts in remote areas such as Mount Isa and the Gulf of Carpentaria.

Senior barristers provide advice on the merit of appeals, helping the appeals section assess legal aid applications. They also appear in appeals against sentences and/or convictions before the Queensland Court of Appeal, including matters where the Attorney-General has appealed against the sentence. The volume, complexity and diversity of Counsel's work provide opportunities for in-house counsel to develop their skills and experience, ensuring clients applying for legal aid have access to high quality representation and advice.

How to apply:    All applications should be made online. For more details and an application package, visit

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:

Refer to the Academy’s website also for further information about the actual submission of an entry as well as information on previous winners.

Calls for the Italian Lawyers Essay Competition 2019

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.


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”.

  1. Discuss how the criminal justice system is undermined when a lawyer acts as a police informant whilst simultaneously representing those whom they inform  against.
  2. Which obligations as counsel and duties to the court are breached by such conduct?

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
Anonymised versions of the essays will be blind marked by a panel of three judges.

InBrief Submissions - please email to: 
Deadline for the next issue:5pm, 1st August 2019