New silks
Congratulations go to 18 of our number who, on Wednesday, were appointed as Senior Counsel in and for the State of Victoria by the Chief Justice, the Hon Anne Ferguson. They are, in order of seniority:
On behalf of the Bar, I congratulate our newest silks. The silks will take their bows in the Supreme, Federal and Family Courts on 26 November, and in the High Court next February.
I also thank the Chief Justice for the enormous amount of work that she and her staff undertake each year in collating and reviewing applications for silk, conducting consultations and interviews with candidates, and ultimately making appointments. Because of the rigour involved in the process for appointment of silk, the community can have complete confidence that those appointed are barristers of the highest integrity, skill and learning.
Nominations for Bar Council election close on Monday
Nominations for election to the next Bar Council close at 5pm sharp on Monday 28 October. Late nominations cannot be accepted.
Voting will open at 9am on Wednesday 30 October. Instructions for voting will be provided to members that morning. A ‘hot desk’ will be available in the Bar office for those members who may need assistance accessing the website in order to cast their vote.
Simon Marks QC
Continuing my series honouring the support and contribution of the current Bar Council Executive, this week I want to take a moment to recognise the work of the Bar’s Junior Vice-President, Simon Marks QC.
Simon was elected to Bar Council in November 2016 and started his term as Junior Vice-President in November 2017.
Simon has been involved in many of the working groups of the Bar Council in the past two years, notably as chair of the governance reform working group in 2018, where he led the debate about proposed amendments to the Bar’s Constitution. Simon was also a member of the Counsel Committee in 2018 and sits on the Indictable Crime Certificate Committee.
Simon has been the Chair of the Readers’ Course committee and Executive since 2017—very important roles in the life of the Bar. Because of his expertise, he has become the Bar Council’s de facto education tsar. This year, Simon was responsible for managing the process that led to the appointment of a panel to conduct a review of the Readers’ Course entrance exam, and then for shepherding the results of that review through the deliberations of the Bar Council, resulting in the adoption of wide ranging reforms. He has also managed the process of consultation and debate about the very complex question of how to manage the growing list of successful exam candidates awaiting a place in our readers’ course. These are fraught issues in which we search for the optimal outcome, recognising that there are no perfect answers.
Most of my direct dealings with Simon come through our very regular interactions on the Bar Council Executive. Duties as a member of the Executive are onerous and time-consuming, and Simon has always acquitted them cheerfully and without complaint, which is more than could be said of yours truly. I always look to Simon for flashes of ironic humour to temper difficult or contentious debates and keep us focused on the interests of the Bar and its members. It has been a privilege to work with Simon to advance the interests of the Bar over the past two years.
Reconciliation Action Plan update
The Reconciliation Working Group (RWG) has an ongoing role monitoring the implementation of the Bar’s Reconciliation Action Plan (RAP).
The RWG report that in the second and third quarters of this year:
I thank all those involved in the implementation of the Bar’s Reconciliation Action Plan.
AGM reminder
All members are invited to the Bar’s AGM on Monday at 4.30pm, followed by the AGM for the Barristers’ Benevolent Association at about 4.40pm. My thanks in advance go to Senior Vice-President Wendy Harris QC, who will chair the AGMs in my absence. Details and proxy forms here.
The Honourable Justice Lisa Nichols
Congratulations to Lisa Nichols QC on her appointment as a judge of the Supreme Court of Victoria. The profession will extend a welcome to Justice Nichols in the Banco Court of the Supreme Court on Thursday 14 November 2019 at 9.15am.
Readers’ signing ceremony and dinner
Last night, the Victorian Bar welcomed 46 new members, and honoured two overseas readers, as the September 2019 readers cohort celebrated the conclusion of the readers' course and the signing of the Bar Roll. After signing the Bar Roll in a ceremony in the Banco Court, the Bar hosted a cocktail party for our newest barristers and their families and friends, followed by a dinner in the Essoign Club with mentors and teachers from the readers’ course, among others, at which honoured guest Jeremy Ruskin QC told the readers some of the secrets we had been keeping from them until after they had signed the Roll (that last bit is not true—Jeremy’s speech was about ’squirm moments’, those excruciating moments we all experience from time to time when something goes wrong at the Bar table, his own example being losing an application to admit a practitioner to practice). You may not have seen very much of our newest members during the readers’ course, but please make them welcome as you see them around chambers in the coming days and weeks.
September 2019 Readers
Dr Matt Collins AM QC, Jeremy Ruskin QC, Katherine Lorenz and Simon Marks QC
A busy week
This week I participated in a panel discussion for the Victoria Law Foundation at the State Library on the making of suppression orders by Victorian courts (video available here).
Behind the scenes this week I had meetings with the Bar’s CEO, the Bar Executive, the Chair and CEO of Barristers’ Chambers Ltd, representatives of Victoria Legal Aid and with Chief Judge Kidd of the County Court. Much time was also spent liaising with our newest silks in relation to the various arrangements that are in place to facilitate the transition to their new roles.
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
At the 10 October Bar Council meeting, a new Strategic Plan 2020-2024 was approved for the Victorian Bar.
The new Strategic Plan continues the vision of “Independence, excellence, leadership and growth” that was first articulated in the 2017–20 plan. It identifies as our purpose, “To ensure the Bar and its members thrive, now and into the future” and sets out four primary objectives: to maintain and expand market share; to provide services to members to support and enhance their practices; to foster excellence and enhance the performance of Victorian barristers; and to provide leadership and a strong, authoritative voice. Strategies for furthering each of those objectives are identified, as are the standards by which we will measure our success.
Every matter that comes before Bar Council is assessed against the Strategic Plan, as a means of ensuring that the direction of the Bar remains on track, matters are appropriately prioritised against our objectives, and that we are not diverted by distractions and thought bubbles.
I commend the plan to all members, and extend particular thanks to Claire Noone and Ned Lis-Clark of NOUS Group and the members of the Strategic Plan Steering Committee.
Dr Matt Collins AM QC
President
Ceremonial sittings to receive the announcements of the appointment of Senior Counsel for Victoria will be held on:
Tuesday 26 November 2019
Supreme Court of Victoria – 9:15 am
A Full Court of the Supreme Court of Victoria will sit in the Banco Court, 210 William Street, Melbourne at 9:15 am.
Federal Court of Australia – 10:30 am
A Full Court of the Federal Court of Australia will sit in Court 1, Level 8 of the Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne at 10:30 am.
Family Court of Australia – 10:45 am
A Full Court of the Family Court of Australia will sit in Court 4A, Level 4 of the Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne at 10:45 am.
All counsel who are able to do so are encouraged to attend, robed (without wigs), in honour of the new Silks.
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 Victorian Bar has been invited to nominate two local legal practitioners for appointment to the Supreme Court Library Committee. In accordance with the Supreme Court Library Rules (Rule 7 of Supreme Court Library Rules 2019), these appointees must be confirmed by the Council of Judges in December each year.
Interested members should submit their expression of interest, together with a copy of their CV and details of any relevant experience or expertise.
Link to position description.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
Please direct any enquiries or Expressions of Interest to Denise Bennett at denise.bennett@vicbar.com.au
The closing date for Expressions of Interest is Thursday, 7 November 2019.
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.
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 fourth 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 connecting with "others"- such as developing empathy and agility. Using water as an example, we will explore what empathy and agility mean to barristers especially in conflict and dispute resolution circumstances, with their clients and co-workers. In order to ground our understanding, we will infuse the workshop with playful exercises, mindful and heartful meditations to allow you to discover your unique understanding of being like water.
For more details please click on the link below.
Workshop Date: Thursday 31 October 2019: How to Cultivate Empathy: Being Like Water Workshop
Speaker: Elva Zhang
When: Thursday, October 31, 2019 - 17:00 to 19:00
Where: Please note the change in venue for this session - Bar Council Chambers, 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.
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
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.
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.
Presenters: Professor David Watts and Dr Laura Griffin
Date/Time: 11am-12noon on Wednesday 6 November 2019
Venue: Room SS232 (Moot Court), Level 2, Social Sciences Building, Bundoora Campus, La Trobe University
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.
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.
Click here for more information
When
14 November 2019
5:30 PM to 7:00 PM
Where
HFW Australia
Level 39, Bourke Place
600 Bourke Street,
Melbourne VIC 3000
Cost
$25.00 Members
$45.00 Guests
Free for RI student members
Free for Professional Development subscribers
Payment by credit card only
CPD
This event will contribute 1 hour of CPD under National Mediator Accreditation System (NMAS) and Resolution Institute accreditation schemes.
This year's Seabrook Chambers lecture, entitled "Asia’s First Same Sex Marriage Legislation: the interplay of President, court and society", will be presented by Professor Jiunn-rong Yeh, National Taiwan University Chair Professor on Thursday 14 November from 6.15-7.15pm in the G08 Theatre, Ground Floor, Melbourne Law School.
The lecture will discuss how controversy surrounding Asia's first same sex marriage law was resolved by the dynamics between the President, court and a vigilant social society, highlighting how these interactions may lead to better constitutional governance.
Jiunn-rong Yeh is University Chair Professor and Professor of Law at the College of Law, National Taiwan University, Taiwan, where he teaches constitutional law, administrative law and environmental law.
Seabrook Chambers lecture 2019
Title Asia’s First Same Sex Marriage Legislation: the Interplay of President, Court and Society
Date Thursday 14 November 2019
Time 6.15 to 7.15pm
Lecture G08 Theatre, Ground Floor, Melbourne Law School, 185 Pelham St, Carlton, 3053
Webpage https://law.unimelb.edu.au/events/details?event=13581
Monday 18 November 2019
6 – 8pm
Deakin Downtown, Tower 2, Level 12, 727 Collins Street, Melbourne
What happens when prisoners reach the end of the non-parole period of their sentence?
What happens to those who have been placed on post sentence supervision or detention orders?
Come and hear from His Honour Peter Couzens, Chairperson of the Adult Parole Board and Michele Williams QC, Chair of the Post Sentence Authority, as they address these and other important issues relevant to the post-prison pathways of offenders. After outlining the roles of the Adult Parole Board and the Post Sentencing Authority, they will illustrate the new pathways that have been introduced in recent years by chronicling the journey of a fictitious violent offender as they progress through the criminal justice system. The presentation will be chaired by Professor Marilyn McMahon, Deputy Dean of Deakin Law School.
Further information and to register see the Deakin Law School newsroom.
Date: 18 November 2019
Venue: The Westin, Brisbane Australia
Co-presented by the Australian Centre for International Commercial Arbitration and the Chartered Institute of Arbitrators (Australia) the 2019 International Arbitration Conference: Building Bridges: Resolving Disputes Through International Arbitration is the pre-eminent event of the 2019 Australian Arbitration Week, which is being held in Brisbane. As international arbitration remains the preferred means for commercial and state entities to resolve disputes in the global economy, building bridges, and not walls, is key to maintaining good relationships to ensure growth, competitiveness and new opportunities.
Supported by local and international arbitral bodies and firms, the conference features distinguished speakers from across Australia and around the world who will be discussing the emerging trends and hot topics in international commercial arbitration. The conference will be opened by The Hon Justice Patrick Keane AC, High Court of Australia, who will deliver the keynote address.
Following the day’s proceedings, will be the Cocktail Networking Reception, featuring guest speaker, The Hon Yvette D’Ath MP, Attorney-General and Minister for Justice of the Queensland Government.
For further details about the program and early bird registration, please click here.
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.
DEPARTMENT OF ATTORNEY-GENERAL AND JUSTICE
Executive Contract Officer 2 (Remuneration Package $237,573)
Director of Public Prosecutions
Darwin
An executive contract of up to 4 years may be offered
The Territory is a vibrant and beautiful place that continues to offer great work opportunities and a tropical lifestyle, framed by the uniqueness of vast distances, remote locations, bush characters and fantastic landscapes.
An exciting and challenging career opportunity exists for an outstanding, dynamic and suitably qualified and experienced criminal lawyer. The successful applicant will have extensive experience in the provision of high level expert advice and legal opinion relating to the prosecution of highly complex criminal cases with a particular focus on sexual assault matters.
The successful applicant will work as part of a motivated and committed team in a challenging and rewarding environment.
For further enquiries about this vacancy please contact Matthew Nathan SC, Deputy Director on 08 8935 7500.
To find out more about living and working in the Northern Territory visit www.theterritory.com.au
Quote vacancy number: 24048 Closing date: 11 November 2019
Applications should address the Selection Criteria. For a copy of the Job Description and to apply
online please visit www.nt.gov.au/jobs