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In Brief Issue #926
16Aug
Bar Readers’ Entrance Exam Review
A review of the Victorian Bar Readers’ entrance exam was recently conducted by a panel comprising Dr Sue McNicol QC (Chair), the Hon Justice Mark Weinberg AO, John Noonan QC, Adrian Finanzio SC, Sarah Keating, Fleur Shand and Nicole Mollard.
The panel consulted widely and considered some 80 submissions from the judiciary, members of the Bar and others.
In 1979, the Victorian Bar introduced our Bar readers’ course, the first of its kind in Australia. It is still the best and most comprehensive course for the training of new advocates.
In 2011, following two reviews conducted in 2009, the Bar introduced the Readers’ Entrance Examination (the Exam), to ensure that readers commencing the course were sufficiently equipped with core knowledge to commence practical training exercises immediately.
A review of the exam was conducted in 2014, with some changes made as a result of the recommendations of that review.
The 2019 exam review panel made a number of findings and recommendations. Bar Council has considered and accepted all recommendations entirely or in principle.
Recommended improvements to the exam
The exam and the purpose of the exam will be retained. The exam will be conducted in future on a Sunday instead of a weekday. The subject matter examined will be broadly unchanged with no significant new components introduced. There will be refinement of some content, such as the focus of questions on criminal and civil procedure. The amount of reading time will be increased. A standing Exam Review Panel will be established for this and other purposes.
More significant changes include shifting to a fully open book exam model, to reduce the amount of ‘rote learning’. New exam preparation materials will be produced and made available to registered participants and to our members. We will move towards administering the exam in electronic form (but candidates who prefer to hand-write will be able to continue to do so).
‘The overhang problem’
A complex issue considered by the review panel was oversubscription by eligible candidates, or ‘overhang’.
In recent times, the number of applicants passing the exam and seeking entry into our course has exceeded the number of places available. The Bar has limited capacity to increase the number of new readers without reducing the quality or increasing the cost of the course. As members know, the course is substantially taught by volunteers—about 140 judges, barristers and others—who generously donate their time for the purposes of the course.
Bar Council is considering options to mitigate the overhang problem. I will report back to members in relation to this question soon.
On behalf of the Bar, I thank the exam review panel for the extraordinarily valuable work they have undertaken and the superb report they produced, which will result in improvements to the exam for the benefit of all our future members.
Barrister of the Year finalists
Congratulations to Catherine Gobbo, Sharon Kermath and Darren Mort who were finalists in the Barrister of the Year category of the Lawyers Weekly Australian Law Awards last Friday night. The Barrister of the Year category celebrates “outstanding performance by an individual practising at the bar”.
While they narrowly missed out on the top gong—which went to Mark Douglas of the SA Bar—it is great to see their careers publicly recognised in this way.
Photos: Barrister of the Year Finalist Darren Mort, with wife Anne Mort and son Samuel Mort; Barrister of the Year Finalist Sharon Kermath
Bullying, sexual harassment and discrimination
On Wednesday evening I introduced a very well-attended CPD session jointly hosted by the Victorian Bar and the International Bar Association on the IBA’s groundbreaking international study into the prevalence of sexual harassment and bullying in the legal profession, the results of which were deeply disturbing, including (in fact, particularly) for the Australian legal profession. Underreporting, and the failure of bystanders to call out unacceptable conduct, are two of the major impediments to cultural change.
Bullying, discrimination and sexual harassment are conduct offences under rule 123 of the Legal Profession Uniform Conduct (Barristers) Rules 2015.
The Victorian Bar is committed to providing a working environment free from bullying, discrimination and sexual harassment. The principles on which the Bar is founded demand respectful behaviour by our members at all times.
A year has passed since the introduction of the Victorian Bar’s improved conduct policies against bullying, discrimination and sexual harassment. As part of the reforms introduced last year, the Bar recruited and trained a team of Bar Conciliators to assist in providing advice to those who have experienced or witnessed unacceptable conduct, and in resolving complaints.
Bar Conciliators can, with the consent of both parties, attempt to resolve complaints against barristers by other barristers and those who work with them. The process is voluntary and confidential. Those who have experienced or witnessed unacceptable conduct can also report that conduct to the Bar, to assist us in understanding its prevalence and the contexts in which it occurs, without the grievance being investigated further.
All information submitted under the policies is treated confidentially. Anonymised reports of the numbers and types of complaints and reports are reviewed by Bar Council each quarter.
AAT appointment expressions of interest
I bring to members’ attention a call for expressions of interest issued this week for appointment to the Administrative Appeals Tribunal as Member, Senior Member and Deputy President. See the notice below for more information.
A busy week
This morning I represented the Bar at the welcome for his Honour Judge Arushan Pillay in the County Court. My speech can be read here.
Last night I chaired my third last ordinary Bar Council meeting as President. Not that I’m accelerating to escape velocity or anything, but just quietly, woo hoo.
Tonight I fly to Adelaide for the SA Bar Association Dinner, followed by an Australian Bar Association Council meeting on Saturday.
Behind the scenes this week, among other things, I caught up with the CEO, chaired a meeting of the Executive, met with representatives of the Essoign Club, did interviews for Channel 7 and ABC TV, and advanced planning with the Law Council of Australia for a televised appearance before the National Press Club in Canberra next month with Arthur Moses SC on the erosion of freedom in Australia.
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 policy@vicbar.com.au by Friday 16 August 2019
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 August with some great offers and gift ideas.
Special new members offer! Members can now access an exclusive 10% off products and gift cards at Harris Scarfe, Original Mattress Factory, Plush and Snooze.
The Law Library of Victoria presents a series of lunchtime classical concerts designed to provide an opportunity to relax and reflect in the beautiful surrounds of the Supreme Court Library. August’s concert features a performance by the Victorian Bar Community Choir
All are welcome, entry is free, no need to register. Invite your friends and colleagues. Take a seat or simply wander the beautiful Library surrounds to enjoy this music.
For more information please email libraryevents@supcourt.vic.gov.au
Founded in Spring 2013, the Victorian Bar Community Choir is an initiative of the Victorian Bar Association's Health and Wellbeing Committee.
Nungar Trading Co in conjunction with the Victorian Bar is pleased to announce this special offer to members.
Do you suffer from headaches, neck & back pain, stress or any other aches and pains?
Until the end of September 2019 we are offering all VicBar Members a 15% discount on Osteopathy with Ashley Gudgeon. To book your appointment email admin@absolutehealthperformance.com.au, phone 03 8547 4830, or pay us a visit at 199 William St.
Once again, the Legal Community unites for charity!
We are pleased to announce the return of the annual Barristers & friends vs Solicitors & friends charity football match, held in honour of the late Frank Galbally.
This year we are excited to introduce a unique format to the Cup, which will see the game played over 8 x 15 minute quarters, featuring 4 alternative mens and women's, non-binary, and gender diverse teams - all on the one scoreboard!
The Cup assists Reclink Australia improve the lives of disadvantaged Australians by providing access to sports, arts, and recreation programs.
Date: Sunday 6 October 2019
Game: 1:30 - 5pm
Player fee: $100 (Barristers & Solicitors), $50 (Bar readers, article clerks, non-lawyers)
MVP Fee: $25 | $50 | $100 | $200
Registration fee includes post match function featuring guest speakers, AFL, and media identities.
Where: Sir Douglas Nicholls Oval, 2 Wyatt Street, Thornbury
REGISTER NOW: www.trybooking.com/BDVWM
Voting for the most valuable player is now open. Anyone can win MVP - you just have to be registered.
VOTE NOW: www.trybooking.com/BDVWM
On 2 August 2019, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Robert Stary as Manager of the sole practitioner law practice Patrick W Dwyer (‘the Law Practice’) pursuant to section 334 of the Uniform Law. Mr Stary’s appointment is for a period of three months, expiring on 4 November 2019, unless extended or terminated pursuant to section 340 of the Uniform Law.
The Board determined to appoint the Manager to the Law Practice because Mr Dwyer, the principal, passed away and the Board is satisfied that there is 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 Mr Stary on (03) 8622 8200 or at robs@starylaw.com if they have any outstanding issues in relation to the Law Practice.
If you wish to discuss this matter further, please contact Chantalle Toussaint on 03 9679 8165 or via email on ctoussaint@lsbc.vic.gov.au.
The Legal Services Council today released for public comment for a period of at least 30 days, the draft Legal Profession Uniform Admission Amendment (Qualifications) Rule 2019 (Draft Rule) in accordance with s 426 of the Uniform Law. The Draft Rule relates to the admission of foreign lawyers in NSW and Victoria, a function performed by the admitting authorities in each State.
Submissions due by 16 September. You can read the full story here.
Lawyers and legal professionals are urged to participate in a survey to determine the extent of sexual harassment in the legal profession.
LIV President Stuart Webb said the survey, launched today by the Victorian Legal Services Board and Commissioner, would provide valuable data on the extent of the problem in the profession.
“We need to know how widespread sexual harassment is and what type of harassment is taking place, so we can take action to prevent it reoccurring and call offenders to account,” Mr Webb said.
The Law Institute of Victoria represents approximately19,000 legal professionals and law students.
Mr Webb said the LIV stood united with the Board and Commissioner in opposing any form of sexual harassment.
He said the International Bar Association’s landmark report released in May showed that one in three women and one in 14 men have been sexually harassed.
“This is simply unacceptable. We want to drill down into our local experience in Victoria to find out if this is a continuing phenomenon and act now to prevent future harassment,” he said.
Mr Webb said the LIV was developing a protocol for dealing with sexual harassment, through its sexual harassment working group. The LIV aims to provide best practice leadership for firms across Victoria with policies that are adaptable for all circumstances, and are meaningful in their operation.
“We are working with the profession to take action. This includes our law firm partners, the Victorian Legal Services Board and Commission and the Victorian Bar.
“We need a profession that is prepared to stand up and say enough is enough, sexual harassment is not part of the workplace that I belong to.
“Enough talk, it is time to act,” Mr Webb said.
The survey, which is open now, is available at https://lsbc.vic.gov.au/?page_id=6496
The High Court has recently issued a new practice direction, which applies to matters set down after 1 October 2019.
http://www.hcourt.gov.au/assets/registry/practice-directions/P-D-1-2019.pdf
The High Court has provided the Bar with a copy of the Rule of Court appointing the High Court sittings for 2020.
The Rule of Court appoints the Full Court sittings to be held in Canberra throughout the year and the days on which special leave applications will be heard.
Sittings of the Court will continue to be held in Adelaide, Brisbane, Hobart and Perth as required. Additional sittings may also be held on other days as required, for example in matters requiring expedition. These sittings will be appointed by the Chief Justice pursuant to Rule 6.04.2 of the High Court Rules 2004.
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
Contact Details
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.
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
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.
Upcoming sessions are scheduled for August and September. 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
5:15pm - 6:15pm
Thursday 29 August 2019
Presented by: Sir Nicholas Blake QC, Bonavero Institute of Human Rights and Professor Michelle Foster, The University of Melbourne
Chair: The Honourable Justice Jennifer Davies
Court 1, Level 8 , Federal Court of Australia
305 William St, Melbourne
Click here to view the flyer for more information.
Unmasking Autistic Representation: A Talk and Q&A on Socio-legal Inequality
Presenter: Beth Radulski
Time/Venue: 11am-12 noon on 4 September 2019 in SS232 (The Moot Court), level 2, Social Sciences Building, Bundoora campus, La Trobe University
Theme: Road Map to Transformation – Move Forward with Confidence
Date: Wednesday, 4 to Friday, 6 September 2019
Location: Melbourne Convention and Exhibition Centre
Website: www.alpmasummit.com.au
Contact: info@alpmasummit.com.au
Attend the Summit at the early bird rates. This promotion will run for a limited time only until Friday, 16 August 2019 with the promotional code EABIRD.
The full conference program is also available here.
Thursday 5 September, 1.15pm-1.45pm
This session, presented by the staff of the Office of the Chief Parliamentary Counsel, will inform you about the Victorian legislative process. Find out the facts behind the process, from setting the legislative program, drafting of Bills, and the passage of Bills from Parliament through to the commencement of legislation.
All are welcome and entry is free. To register please email libraryevents@supcourt.vic.gov.au
“Writing About Enlightenment And Criminal Justice - The Macquarie Story As a History Tale For Today”
Presented by Dr Austin Lovegrove, Honorary Principal Fellow, Melbourne Law School
Date: Thursday 12 September 2019
Time: 6:00pm – 7:00pm
Venue: Theatre 102, Level One, Melbourne Law School
Presented by Dr Austin Lovegrove, Honorary Principal Fellow at Melbourne Law School, this lecture describes one attempt to inform the public and engage them in debate about an enlightened approach to the punishment of criminal offenders.
The heroes of this story are the Scots Lachlan Macquarie – Governor of New South Wales between 1810 and 1821 – and his wife Elizabeth Macquarie, who together attempted to introduce an enlightened approach to the treatment of convicts. For them, convicts were men and women of inherent worth, for whom reform not punishment should be the principal consideration in their treatment. The aim of this treatment should be their full restoration to society, including leadership.
Austin’s new book is titled ''Images of an Australian Enlightenment: The Story of Lachlan and Elizabeth Macquarie's Treatment of the Convicts as History Tale for Today” and will be published late September.
Interested parties can register here
Please see attached flyer.
The Government is inviting suitably qualified members of the public to submit an expression of interest to be considered for appointment to the Administrative Appeals Tribunal (AAT). I would be grateful if you could circulate this information to interested persons within your organisation.
Appointments are for one or more of the categories below:
- Member
- Senior Member
- Deputy President
Deputy Presidents may exercise a designated leadership role as the head of a division or divisions. Deputy Presidents or Senior Members may also be assigned as a Deputy Division Head. Suitably qualified individuals who are interested in a Division Head or Deputy Division Head role are invited to submit an expression of interest accordingly.
The minimum requirements for appointment to the AAT are outlined in the Administrative Appeals Tribunal Act 1975 (AAT Act). The AAT Act provides that a person must:
- be enrolled as a legal practitioner of the High Court or the Supreme Court of a state or territory for at least five years, or
- in the opinion of the Governor-General, possess special knowledge or skills relevant to the position.
The AAT is an independent statutory body that reviews a broad range of administrative decisions made by Australian Government ministers, officers, and authorities. More information about the AAT can be found at www.aat.gov.au/about-the-aat.
Further information about how to submit an expression of interest can be found on the Attorney-General Department’s website at www.ag.gov.au/About/Careers/Pages/default.aspx. Expressions of interest must be submitted by 8 September 2019.
An advertisement has been placed on the APS Employment Gazette at www.apsjobs.gov.au and was also published in national, state and territory newspapers on Friday 9 and Saturday 10 August 2019.
This expression of interest process will create a register of candidates from which recommendations for appointment may be drawn. The register will be valid for up to 12 months.
Please contact aat.appointments@ag.gov.au with any questions about the expression of interest process.
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.
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.
Deakin Law School invites members of the Victorian Bar to judge rounds in the 3rd Alfred Deakin International Commercial Arbitration Moot.
Over 20 teams from 14 Universities around Australia will compete on 4 and 5 September at Deakin University’s CBD campus in Collins St, Melbourne.
If you would like to assist, please choose a time that best suits you here. For more information, please contact our convenor at deakin-ica-moot@deakin.edu.au
HIV/AIDS Legal Centre (HALC) is a very small, entirely voluntary, legal centre conducted on Thursday evenings in Prahran. All consultations are by appointment only, hence you can control your commitment to what suits you. We are currently seeking practitioners in the areas of Immigration Law & Discrimination. If you are interested, please contact HALC by email on legal@thorneharbour.com
Deadline for the next issue:5pm, 22nd August 2019