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In Brief Issue #935
18Oct
Dealing with the devil
Devilling—the practice of having another barrister carry out research or paperwork in chambers—can be an important source of income for members of the junior Bar, especially those who have recently joined.
The Bar encourages devilling. It assists in keeping barriers to entry low. Our newest members have gone without income during the readers’ course, then they must wait for their first briefs and wait yet longer to be paid.
Some of the best sources of work in a new barrister’s early days can be research or paperwork devilled by mentors, senior mentors, other members of counsel on the same floor of chambers, or list colleagues.
Consistent with fairness and the long-standing tradition at our Bar, I remind members who devil work to others that they should pay on delivery of the devilled work, and not wait until payment is received from the instructor or client.
Para 1.21 of Róisín Annesley’s Good Conduct Guide (2nd ed) describes how devilling works. The barrister who is briefed assumes full responsibility for (and must supervise) the work. The member to whom work is devilled cannot be on a retainer. The briefed barrister must not profit from the devilled work, save for a reasonable fee for supervision. Court appearances cannot be devilled.
While there is no rule for the scale of devilling fees, be mindful of the requirement not to make a profit from another barrister’s work. When in doubt, two-thirds of your own estimated fee for the task is a good guide.
Nominations for Bar Council election are open
Nominations are open for the next Bar Council election. You have until 5pm on Monday 28 October to submit your nomination form. All members who are eligible to vote received an email on Monday outlining how to nominate, with a link to the relevant form.
Wendy Harris QC
As I prepare to leave my role as President, I want to honour publicly the support and contribution of the current Bar Council Executive, starting with the Bar’s extraordinary Senior Vice-President, Wendy Harris QC.
Wendy has, since 2016, chaired the Bar Council’s governance review working group which first conducted, and then implemented, sweeping governance reforms that have dramatically improved the quality and timeliness of information that comes to Bar Council, facilitating better decision making. Among the many other things she does, Wendy serves on the Counsel Committee, was Junior Vice-President in 2017 and has been Senior Vice-President since November 2017, which involves extensive commitments as a member of the Bar Council’s executive team. She sits on many committees and working groups, including the Chief Justice’s Preliminary Evaluation Committee for the appointment of silk, the Indictable Crime Certificate Committee, and working groups of the Bar Council responsible for the development of our new strategic plan and our response to the Royal Commission into the Management of Informants.
Over the past year, Wendy has spearheaded the Bar’s Corporate Counsel Engagement Project and Pilot, which involved a “listening tour” to understand how corporate Australia sees barristers and the Bar, with a view to developing strategies to encourage greater direct briefing of barristers in appropriate matters for advice and appearance work. The Pilot which Wendy inaugurated earlier in the year has proved wildly popular, with 150 barristers signing up, with a commitment to improve engagement with corporate Australia and make it easier for corporate Australia to engage with barristers.
Wendy regularly fills in as Acting President when I am unavailable. In addition to all of those commitments, Wendy was until late last year President of the Commercial Bar Association, has an incredibly busy practice, and is a devoted parent.
I could not have survived my time as President without Wendy’s unwavering support and wise counsel. It has been a privilege to serve alongside her at the helm of the Bar.
Vale the Hon Richard Tracey AM RFD QC
There was very sad news this week with the death of Major General the Honourable Richard Tracey AM RFD QC, who passed last weekend at the age of 71 years.
The many tributes to Richard, including by the Bar, have emphasised his deep learning, good character and fundamental decency. No litigant ever left his court without knowing they had had a fair hearing. He was a mentor to many of us—me included—and an example to all of us. We are thinking at this time, in particular, of Richard’s wife Hilary and their children Jack (a member of our Bar), Philip, Fiona and Rosie.
Bar v LIV hockey match
Congratulations to all who played in the Bar v LIV hockey match yesterday (the Scales of Justice Cup) which the Bar won 2-1. It looks like they all had a great time. I was amused to hear that Jennifer Batrouney QC had a son on each team, which could lead me to make a trite comment about the legal community being one big happy family, but instead I will repeat: 2-1. All credit to Rob O’Neill from the Bar and Paul Ross from the LIV for organising the match.
There are more sport opportunities outlined on the Bar’s Health & Wellbeing page.
The Hon Dr Clyde Croft AM SC
Astute members have noticed the absence of a well-known Jeep in the Old High Court laneway and deduced the truth – that the Hon Justice Croft has succeeded in retiring from the Supreme Court Bench without a farewell ceremony. Clyde has resumed his arbitration and mediation work at the Bar. While the sneaky get-away was entirely at Clyde’s own request, I’m sure you will all join me in thanking him for his decade of exemplary service as a Judge and extending our very best wishes for the next chapter of his career.
VCAT Annual Report
VCAT’s Annual Report was tabled in parliament yesterday. It outlines a range of initiatives to increase access to justice, reduce waiting times and more.
A busy week
On Wednesday I attended the ceremonial farewell to her Honour Judge Harbison, the longest serving female judge in Victoria. At the ceremony, I spoke briefly on behalf of the Victorian Attorney-General and the Bar, and had the great pleasure of listening to a delightful speech by Andy Moore, who spoke at her Honour’s request.
Earlier in the week I attended a board meeting of the Peter O’Callaghan QC Gallery Ltd. On Wednesday, I moderated a panel discussion at the CORO regulators’ conference about wellbeing in the legal profession, attended a meeting about the Barristers Benevolent Association with Sam Hay and Susan Lawrence (the Bar’s Manager of Finance & Membership) and chaired a meeting of the media law section of the Commercial Bar Association. Yesterday I attended a Victorian Law Reform Commission advisory committee meeting.
Notice is hereby given of the 2019 Annual General Meeting of the Victorian Bar Inc. and Barristers' Benevolent Association of Victoria to be held on Monday 28 October 2019 at 4.30 pm (Victorian Bar Inc. AGM), and at approx. 4.40pm (Barristers' Benevolent Association) in the Bar Council Chamber, Level 1, Owen Dixon Chambers East, 205 William Street, Melbourne.
Notice of 2019 Victorian Bar AGM 28 October 2019
VicBar Inc AGM 28 October 2019 Form of Proxy for prescription by Bar Council
Minutes of VBI AGM 22 October 2018
Notice of 2019 Barristers Benevolent Association AGM 28 October 2019
The 2019/2020 Victorian Bar Council election will be conducted on-line. Instructions for on-line voting will be provided to members prior to the voting period. A ‘hot desk’ will be available in the Bar office for those members without access to the website.
The timetable for this year’s election is as follows:
| Opening of nomination period | 9 am, Monday 14 October 2019 |
| Close of nomination period | 5 pm, Monday 28 October 2019 |
| Voting opens | 9 am, Wednesday 30 October 2019 |
| Close of Voting | 5 pm, Wednesday 13 November 2019 |
| Declaration of the Poll | 4:45 pm, Thursday 14 November 2019 |
Nomination forms will be emailed to members eligible to nominate or be nominated. Nomination forms will also be available for download on the website and via In Brief
- Information regarding the election process will be published on the website and in In Brief and emailed along with the nomination forms. Conditions of eligibility to nominate and to be nominated are prescribed by clauses 45 and 48 of the Constitution of the Victorian Bar Inc.
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.
In conjunction with the Resolution Institute and VADR, we are very pleased to invite you to a CPD session on the Singapore Mediation Convention to be followed by drinks at the offices of Pitcher Partners at 5:30 pm on 31 October 2019.
In December 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation, now known as the Singapore Mediation Convention.
On 7 August 2019, in Singapore, 46 countries, including the USA, China, Singapore, India, Malaysia, the Philippines & South Korea – but not Australia; signed the Convention.
The Convention will facilitate the enforcement of mediated settlement agreements in cross-border disputes in much the same way as the New York Convention does for arbitral awards. It is intended that the Convention will promote the use of mediation and remove the need to involve courts or arbitral tribunals to achieve enforceable dispute resolution in disputes arising from cross-border transactions. This provides greater certainty to the parties, particularly where the terms of settlement contemplate future performance and enforcement remains an ongoing concern.
Australia’s failure to sign the Convention is disappointing given the extensive amount of international trade in which the country’s corporations engage. It is hoped that this failure will be addressed by the Federal Government in the near future.
The speakers at this event have and will provide a unique insight into the Convention and its intended operation. Professor Khory McCormick was the Australian Government Rapporteur at the UNCITRAL Working Group which drafted and settled the Convention. Professor Rajesh Sharma was present at the signing of the Convention in Singapore.
If you want to learn more, find out what is really happening, make your own contribution, and perhaps hear from an international speaker on this very current topic, then this is a session not to be missed.
Singapore Mediation Convention CPD seminar
Date: Thursday 31 October 2019
Time: 5:30pm - 7:30pm
Location: Pitcher Partners
Level 13/664 Collins St
Docklands VIC 3008
CPD points: 1.5 hour of CPD under NMAS and Resolution Institute accreditation schemes
Entry is free for Victorian Bar members - click here to register
REGISTRATION ESSENTIAL Click here to register
This is the third in a series of 6 workshops designed for the members of the legal profession, especially those who are curious and interested in finding more balance in work and life, and those who are keen to find an alternative path to achieve success. The sessions will teach practical skills that are essential to create and maintain positive mindset and emotional well-being.
Attendees are encouraged to attend all 6 events but can register for individual events.
These workshops are experiential and interactive by nature. Whilst the participants will explore concepts and information on the current research and ancient philosophy, they will mostly learn through:
1. reflective discussions;
2. mindful contemplation and specially designed guided meditation;
3.unique play exercises and laughter yoga practices.
This workshop develops a particular skill on growing the “self” - such as cultivating self-awareness and self-compassion. It will utilise mindfulness exercise and meditation to first help you connect with your body, mind and emotions. Then the participants are invited to play the game of "becoming your own best friend" through which you will discover how connected and supportive you are for yourself.
For more details please click on the link below.
Workshop Date: Thursday 24 October 2019: How to Connect to Yourself: Befriend Yourself Workshop
Speaker: Elva Zhang
When: Thursday, October 17, 2019 - 17:00 to 19:00
Where: Richard Griffith Library, Owen Dixon Chambers East, Level 1, 205 William Street
These sessions are not eligible for CPD points.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
A special introductory offer for Vic Bar members wanting to join the RACV Club ends on 31 October, 2019.
If you join before 31 October 2019, the RACV Club will waive its joining fee, so the annual membership fee of $910 will be reduced to $520, as well as a discount on the annual membership fee each year.
Membership includes exclusive access to the RACV City Club in Melbourne’s CBD, the Healesville Country Club in the Yarra Valley, and over 160 reciprocal clubs globally.
By joining RACV Club, you gain access to a range of social, leisure and business facilities and services. You will receive a 50% discount on accommodation at RACV Resorts, as well as discounted dining and day spa packages through the club rewards program. Members also receive unlimited golf with their stay at the Healesville Country Club, which boasts one of the best golf courses in Australia. Other exclusive offerings for RACV Club members are access to the fully equipped business centre and discounted parking rates at the Melbourne CBD venue.
An optional subscription to the RACV Club fitness facilities in Bourke Street (valued at $595) is also available to members.
- To become an RACV Club member, print and complete this form.
- Scan and send your completed form to clubmembership@racv.com.au
- Click here for more information about the Victorian Bar’s associate corporate membership program with the RACV Club.
Get your Trivia game on at the Essoign Club and register your group for our November Trivia Night being held on Monday the 11th of November.
Register your interest in the Club or at essoignclub@vicbar.com.au
Don't miss out on these exclusive member deals for October with some great offers and gift ideas.
Studio 11 - located on level 11 ODC East and always worth a look, is proud to exhibit drawings and sculpture by Oliver Ashworth-Martin and Robert Rae. The body of work comprises 30 pieces including wood, copper, bronze sculpture as well as botanicals and drawn things on cotton paper. If you respect detail and have an interest in nature, mechanics, bike riding, photography, la cucina and beautiful things, then this exhibition is for you. As always, all works are for sale directly via the artist with no commission payable. Work sheets and artists’ statements are found on level 11 East. The exhibition runs until 13 December. Enjoy!
The Essoign invites you to the Calcutta Trackside After Party in the Club on Friday the 1st of November from 5.00pm.
Register your interest in the Club or at essoignclub@vicbar.com.au
Expressions of Interest for purchase of library items of former Victorian barrister (practiced 1964 to circa 2004). Please forward EOI by close of business 18/10/19 to Margaret.leithhead@gmail.com.
On 15 October 2019, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Jeffrey Dunemann as Manager of Mr Barry Kenna’s sole practitioner law practice, Barry Kenna & Co (‘the Law Practice’), pursuant to section 334 of the Uniform Law. Mr Dunemann’s appointment is for a period of three months, expiring on 15 January 2020, 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 Mr Kenna has 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 Dunemann on (03) 9888 3222 or at admin@dslaw.com.au 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.
Since 1994, UNCITRAL has been developing model laws on Cross Border Insolvency (CBI), which have been adopted in Australia and most leading economies. These laws support globalisation of world trade by providing for cooperation in international insolvencies, through a process of mutual recognition by courts of foreign insolvency regimes and representatives. This year’s UN Day Lecture series will outline how the CBI framework operates, and examine the contribution made by Australian courts and practitioners to many of the developments in this field over the past quarter-century.
The UN Day Lecture series is an annual initiative of the UNCITRAL National Coordination Committee for Australia (UNCCA) to highlight the work of UNCITRAL for practitioners and students. A Lecture will be held in each Australian capital city, with a local speaking panel. Light refreshments will be available afterwards, sponsored by the Australian Restructuring Insolvency and Turnaround Association (ARITA). Your city’s details are set out below.
Registration is required, with a fee for non-members of $25 and students of $5. There is no charge for members of UNCCA, ARITA, the Judiciary, court staff or the APS. Application will be made, where required, for CPD accreditation.
Wednesday 23rd October 2019: 5.00pm – 6.15 pm
Venue: Federal Court of Australia, Court 1
Chair: Justice David O’Callaghan
Speaker: Stewart Maiden QC, Victorian Bar
Commentator: Dr Neil Hannan, Thomson Geer
Don't miss out!
The AALA Celebrates Diwali – the Festival of Lights is coming up next Wednesday, 6pm on 23 October 2019!
oin us and Ms Priya Serrao, a law graduate, policy adviser for the Victorian Government and the first Indian-born Australian to be crowned Miss Universe Australia, as we celebrate cultural diversity with the Hindu festival of lights.
Tickets are limited, so get in quickly!
For more information, please email vic@aala.org.au.
Global Gardens of Peace is an Australian charity that produces gardens to support vulnerable communities around the world. Several members of our Bar are active in the charity, with one member on the Board.
They have invited all members to attend a fundraiser for the charity on 25 October at 7pm, featuring 36 artworks from four premier artists from the Lockhart River Aboriginal Arts Centre in Far North Queensland, Andrew McConnell's SUPERNORMAL and De Bortoli Family Winemakers.
The artists will be present to talk with patrons at the event. These artists, Rosella Namok, Fiona Omeenya, Silas Hobson and Patrick Butcher are the backbone of Lockhart River's Art Gang, now in its 26th Year. Despite exhibition and representation in galleries nationally and internationally, they have never previously presented together in a single exhibition.
The online catalogue is in production and will be released on Wednesday 16 October for viewing. Note that a select number of works are available for purchase prior to the auction, and you are encouraged to make an early enquiry to secure a work of your choice.
A flyer for the event can be found here.
To receive updates for the event and notice of the release of the catalogue, please email enquiries@globalgardensofpeace.org
Bookings – www.trybooking.com/BFIGO Please note that bookings to the event are essential as the venue can accommodate only a limited number of patrons.
The Australian Public Sector Anti-Corruption Conference (APSACC) is the leading anti-corruption event in Australia, with its focus on preventing, exposing and responding to corrupt conduct and corruption risks in public institutions, including all levels of government, elected bodies, the judiciary, police and statutory bodies.
APSACC 2019 - ‘Identifying challenges, finding solutions’ will be held from Tuesday 29 to Thursday 31 October 2019 at the Melbourne Convention and Exhibition Centre. It will provide opportunities for anti-corruption and other agencies, academia, the private sector and other practitioners to discuss and share their experience and expertise.
The conference will comprise plenary sessions, discussion panels and workshops that focus on research, trends, case studies and new methods for preventing, investigating and exposing corruption. The conference will also provide opportunities for developing professional networks across areas of expertise and jurisdictions.
APSACC 2019 will be hosted by Victoria’s Independent Broad-based Anti-corruption Commission (IBAC), in partnership with:
- Crime and Corruption Commission, Queensland
- Independent Commission Against Corruption, New South Wales
- Corruption and Crime Commission, Western Australia
- Independent Commissioner Against Corruption, South Australia
- Integrity Commission, Tasmania
- Law Enforcement Conduct Commission, New South Wales
- Australian Commission for Law Enforcement Integrity.
Each organisation has its own charter to combat corruption and misconduct and to help strengthen public sector integrity.
Held biennially, APSACC was previously hosted in 2017 by the Independent Commission Against Corruption (NSW) and the Crime and Corruption Commission (QLD).
Registration
Registration is now open for APSACC 2019. Click here to register. Registrations close at AEST 5pm, Thursday 24 October (or when full venue capacity is reached).
The ANU Centre for International & Public Law will be hosting its annual Public Law Weekend on Friday 1 November 2019. This year's theme is 'Technology, Public Law and Public Administration'. Registrations are now open.
Thursday 7 November 2019, 1.15pm-1.45pm
The Law Library of Victoria invites you to attend our Switch On… information sessions.
The last session of 2019 will demonstrate how to locate current and historical bills, second reading speeches, and explanatory memoranda online using free resources. It will also look at subscription resources accessible via the Law Library of Victoria. The session is designed to provide a clear understanding of what is available online and the easiest way to access it; it also works as a refresher for experienced users.
All are welcome and entry is free. Bookings through Eventbrite.
Registrations are now open for our November 6 day National Mediator Accreditation program. The program gives participants the opportunity to learn Conflict Transformation skills and receive their mediator training assessment as required by the National Mediator Accreditation System and upon successful assessment apply to become a Nationally Accredited Mediator.
Click on the below link for more information and to register.
National Mediator Accreditation Course
November 18, 19, 20, & 25, 26, 27
Visit our website www.cynglerconsulting.com for more information or join our mailing list to be kept informed on courses that are coming up.
Are you wanting to extend and enlarge your mediation skills?
Back by popular demand we have decided to run our student’s and past participant’s favourite 3 day Mediation Master Class course this November in Melbourne. Please click on the link below for information and to register.
November 11, 12 and 13, 2019
Mediation Master Class - 3 Days
Visit our website www.cynglerconsulting.com for more information or join our mailing list to be kept informed on courses that are coming up.
Saturday 7 December 2019
9am – 5pm
Law Institute of Victoria
Israel Folau is one of Australia’s most prominent rugby players, known for sharing provocative content on social media. His sacking by Rugby Australia has been highly controversial, with some suggesting it influenced the outcome of the 2019 federal election.
This Folau affair implicates numerous areas of law and raises fundamental questions for the future of public debate in Australia, and has potentially significant implications for freedom of speech and freedom of religion.
Deakin Law School is hosting a conference to investigate the major aspects of the Folau matter and its implications for Australian law and society.
Join Deakin Law School as we welcome the following leading experts from around Australia:
- Professor Patrick Parkinson (University of Queensland) – freedom of religion
- Mark Sneddon (Monash University, Institute for Civil Society) – freedom of religion
- Dr Harry Hobbs (University of Technology Sydney) – Israel Folau and the Legal Protection of Human Rights in Australia
- Anja Hilkemeijer (University of Tasmania) – The Flip Side of Folau: The Dismissal of Employees by Religious Organisations for Breaches of Codes of Conduct – A Human Rights Balancing Act
- Professor Jack Anderson (University of Melbourne) – Folau v Rugby Australia – The Instagram Post That Made it All the Way to the Federal Court
- Professor Anthony Forsyth (RMIT University) – employment law
- Professor Beth Gaze (University of Melbourne) – discrimination law
- Professor Paul Redmond (University of Technology Sydney) – Israel Folau and the Idea of Corporate Social Responsibility
- Dr Patrick Emerton (Monash University) – Israel Folau, Religious Freedom and the Limits of Toleration
- Professor Matthew Groves (Deakin Law School) – From Netball to Football – The Principles and Problems of Decision-Making by Sports Tribunals
- Dr John McLean (Christ College) – More Than ‘Do Unto Others’: Jesus’ Surprising Relevance to Freedom of Religion
- Dr Ben Saunders (Deakin Law School) – Free Exercise of Religion and the Constitution: Time for a Rethink?
This conference will make an important contribution to the public debate on religious freedom and the proposed Religious Discrimination legislation, providing a forum to facilitate informed discussion.
Further information and to register see the Deakin Law School newsroom.
Deadline for the next issue:5pm, 24th October 2019