In Brief Issue #927

23Aug
Dr Matt Collins AM QC
President

Advanced Trial Advocacy Intensive

The Advocacy Training Council will hold its renowned Advanced Trial Advocacy Intensive from Monday 20 January to Friday 24 January 2020 in Melbourne.

The philosophy underlying the intensive is that the skills of a barrister are best learned in an environment that is as close to the real experience as possible. This involves providing realistic briefs in sufficient time for counsel to prepare the matter for hearing, giving them the opportunity to perform in real court settings, then playing back and reviewing the performance. This gives barristers a rare opportunity to experiment with a number of styles of performance to see which is the most effective for that advocate on that occasion, together with individual and small group coaching by senior Australian judges, international and Australian senior practitioners and professional performance coaches accredited by the ABA. Click here for more details including the registration form.

The Australian Bar Association sponsors one Indigenous barrister to participate in the intensive. To nominate, send a brief outline of your work history to the Secretariat at xanthe.cushing@qldbar.asn.au before 30 September 2019.

I highly recommend the Intensive to members of our Bar—it is an opportunity to hone and improve advocacy skills, at the start of 2020, right here in Melbourne. Places are limited, so be sure to secure your spot as soon as possible. I have never met anyone who has not benefited mightily from the skills developed at this world class advocacy intensive.

 

International Mooting Competition - January 2020 in Singapore

The members of Essex Court Chambers and the Singapore Academy of Law are organizing the ECC - SAL International Mooting Competition.   Now in its ninth year, this contest is open to young barristers from Australia.  While entrants pit their advocacy skills against each other, this competition also offers a valuable platform to interact and foster working relationships with counterparts from other jurisdictions in the region.

The competition will take place on 4, 6 and 8 January 2020 at the Supreme Court of Singapore. The winning team will be offered an all-expenses paid, 2 week internship at Essex Court Chambers in London—a leading set of barristers’ chambers specialising in commercial and financial litigation, arbitration, public law and public international law. Awards will be given for the best orator and best memorandum submitted in the competition, as well as to the best competing team from outside Singapore.

Having just been to Singapore for the Australian Bar Association Convergence in July 2019, I can vouch that it is a fantastic city. This competition is a great opportunity.

Two team slots have been reserved for Victorian barristers’ participation. A copy of the publicity flyer is available here.  Members interested in being part of a Victorian Bar team should contact Liz Ingham on Elizabeth.Ingham@vicbar.com.au.

 

A busy week

On Tuesday and Wednesday I made myself available to the media in relation to the outcome of the George Pell appeal handed down on Wednesday morning.  This included providing commentary to The Age, the Sydney Morning Herald, the Australian, ABC radio, ABC News online, Channel 10, Sky News Breakfast, the Bolt Report (Sky News), the Economist, AFP and Reuters. Justin Hannebery QC also made his television debut on the same subject on Sky News.

As I am sure members will have noticed, the Bar has been making a conscious effort in recent times to be a more visible presence in public debates on matters relevant to the legal profession and the law, including by making members available to the media to assist in explaining major legal controversies, to defend the judiciary when it is unjustifiably attacked, and to explain the ongoing importance and relevance of the independent Bar. This fits with the Bar’s strategic objective of being a strong, independent, authoritative voice in whom members of the community can have the utmost confidence. It is also intended to assist in counteracting uninformed commentary and contributing to improved public discourse about the administration of justice and the importance of the rule of law. We want the community to see barristers as we do—as trusted advisers, experts in the law, fiercely and proudly independent, and committed to the highest ethical standards.

Yesterday, I flew to Queenstown in New Zealand to attend the inaugural joint conference of the Australian Bar Association and the New Zealand Bar Association.  The theme, “Antipodean Advocacy: Trans-Tasman Perspectives”, will explore the differences, subtle and otherwise, between the two jurisdictions and discuss various areas where we can learn from each other. It’s beautiful here, if a little on the cold side…


Wish you were here

 

Behind the scenes this week, among other things, I attended a regular meeting with the President and CEO of the Law Institute of Victoria and a meeting of the Bar Council’s diversity & inclusion working group, met with President Maxwell of the Court of Appeal and Chief Justice Ferguson, presented a seminar for Deakin University on defamation law and met with the Governor’s chief aide.

 

Vicbar News & Events
Advanced Trial Advocacy Intensive

Advanced Trial Advocacy Intensive

The Advocacy Training Council will hold its renowned Advanced Trial Advocacy Intensive from Monday 20 January to Friday 24 January 2020 in Melbourne.

The philosophy underlying the intensive is that the skills of a barrister are best learned in an environment that is as close to the real experience as possible. This involves providing realistic briefs in sufficient time for counsel to prepare the matter for hearing, giving them the opportunity to perform in real court settings, then playing back and reviewing the performance. This gives barristers a rare opportunity to experiment with a number of styles of performance to see which is the most effective for that advocate on that occasion, together with individual and small group coaching by senior Australian judges, international and Australian senior practitioners and professional performance coaches accredited by the ABA. Click here for more details including the registration form.

The Australian Bar Association sponsors one Indigenous barrister to participate in the intensive. To nominate, send a brief outline of your work history to the Secretariat at xanthe.cushing@qldbar.asn.au before 30 September 2019.

Places are limited, so be sure to secure your spot as soon as possible.

International Mooting Competition - January 2020 in Singapore

The members of Essex Court Chambers and the Singapore Academy of Law are organizing the ECC - SAL International Mooting Competition.   Now in its ninth year, this contest is open to young barristers from Australia.  While entrants pit their advocacy skills against each other, this competition also offers a valuable platform to interact and foster working relationships with counterparts from other jurisdictions in the region.

The competition will take place on 4, 6 and 8 January 2020 at the Supreme Court of Singapore. The winning team will be offered an all-expenses paid, 2 week internship at Essex Court Chambers in London—a leading set of barristers’ chambers specialising in commercial and financial litigation, arbitration, public law and public international law. Awards will be given for the best orator and best memorandum submitted in the competition, as well as to the best competing team from outside Singapore.

Two team slots have been reserved for Victorian barristers’ participation. A copy of the publicity flyer is available here.  Members interested in being part of a Victorian Bar team should contact Liz Ingham on Elizabeth.Ingham@vicbar.com.au.

International Internship Pilot Program Breakfast

The Victorian Bar is pleased to announce its International Internship Pilot Program conducted in conjunction with the International Commission of Jurists.  This pilot program is designed to provide an in-depth appreciation of the Victorian litigation system and the rule of law by providing exposure to the Victorian Bar, the Federal Court, the County Court and barristers involved in the litigation process.

The successful applicant, Mr Collin Andrew from Malaysia, will be participating in the program from 29 August until 2 October.  Collin graduated from the Multimedia University in Selangor with a Bachelor of Laws (Honours) in 2010 and was admitted to practise as an Advocate & Solicitor in the High Court of Malaya in 2011. He completed a Masters of Criminal Justice degree at the University of Malaya in 2015. He is a barrister practicing in human rights and immigration law and hopes to extend his knowledge and practical experience in Melbourne so he can return to Malaysia a stronger advocate for human rights and the rule of law.

The Victorian Bar is hosting a welcome breakfast for Collin on 3 September from 7.45am in the Richard Griffith Library.  If you would like to attend, please register via the link below.  Cost is $20 per person and places are strictly limited.

Click to Register. 

Are you a VU alumnus? We need you!

VicBar's Student Engagement Committee is joining with Victoria University to pilot a shadowing program for CALD students who may not otherwise consider a career at the Bar. Would any member of counsel who has studied or worked at Victoria University and would like to contribute to this program please email students@vicbar.com.au for more information.

Victorian Bar Member CPD Events

Upcoming CPD events:

You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.

Vicbar Life
Oscar Hunt Tailors pop-up at the Peter O'Callaghan QC Gallery

Immerse yourself in the luxury of tailored suits with the Oscar Hunt Tailors pop-up at the Peter O'Callaghan QC Gallery, Owen Dixon Chambers West from Tuesday, 3rd September to Thursday, 5th September.

At Oscar Hunt, the team have created an environment to make tailoring a business suit easy and enjoyable altogether – crafted from their collection of beautiful cloths including the iconic Dormeuil, Loro Piana, and Dugdale fabric houses. 

Oscar Hunt prides themselves on the fit of their garments, made uniquely according to your measurements with leading made-to-measure construction technology and in-house fittings – a balance between precision and impeccable craftsmanship. 

RSVP to the pop-up or book a fitting here and receive a complimentary second pair of trousers with your suit purchase.

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.

Member Benefits Australia - August exclusive member offers
Lyrical Lunchtimes in the Law Library - Thu 29 August, 1.15pm

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. 

OSTEOPATHY at Absolute – 15% discount for VicBar 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.

Galbally Cup 2019 New date and venue

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

Practice & Profession News
Call for action by legal profession on sexual harassment

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 approximately 19,000 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

High Court Practice Direction 1 of 2019

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

High Court (2020) Sittings Rules 2019

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.

Profession CPD & Events
How will your arbitration agreement be interpreted? The High Court decides

27 August 2019: The Resolution Institute, in conjunction with King & Wood Mallesons

The Resolution Institute, in conjunction with King & Wood Mallesons, will be holding an evening seminar on Tuesday 27 August at King & Wood Mallesons’ offices, Level 50 Bourke Place, 600 Bourke Street. Presented by Albert Monichino QC and Monique Carroll, the session will analyse the High Court decision in Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13. The presenters will discuss the implications of this decision for the interpretation of arbitration agreements in Australia and arbitration more broadly. The seminar will be moderated by the Honourable Justice Clyde Croft. For further information and to register, click here.

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. 

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

The Boundaries of Refugee Protection: A Comparative View

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.

Register here.

 

Switch On… Legislation – Victorian Parliamentary Procedure

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

Women, Leadership and Health - In Conversation with Helen Clark

On 9 September 2019, the Sandro Demaio Foundation and Federation Square are hosting former New Zealand Prime Minister and former Head of the United Nations Development Programme, Helen Clark, at Melbourne's Deakin Edge at an ‘in conversation' event focussed on ‘Women, Leadership and Health’.

Tickets are now on sale: General Admission: $30.00; Concession: $20.00.

For more information contact Daniel Briggs (djbriggs@vicbar.com.au). Tickets are available here.

Careers & Opportunities
Expressions of Interest - Appointments to the Administrative Appeals Tribunal

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.

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.

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.

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”.

  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?

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.

InBrief Submissions - please email to: inbrief@vicbar.com.au 
Deadline for the next issue:5pm, 29th August 2019