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In Brief Issue #938
8Nov
It's been a privilege
After two unforgettable years, my time is up. This is my last In Brief. Next Friday, a new face will adorn this end-of-week institution.
It has been one of the great privileges of my professional life to serve as President of our remarkable Bar. As I step down, with effect from next Thursday, I have a greater appreciation—and love—for this place than when I started.
I did not expect to be a two-term President, and I have sometimes (alright, often) wondered if I would survive the test. However, I believe the longer timeframe of my term has enabled the Bar to tackle and advance a number of important projects and respond to significant challenges. I will set out my more detailed reflections in an article in next month’s Victorian Bar News.
What I will remember most about my time at the helm is the collegiality that defines our Bar—that sense of common purpose that comes from our shared commitments to independence, legal excellence, the administration of and access to justice, and the rule of law. I will also remember the extraordinary contributions made by so many to the smooth operation of the Bar—from the CEO Katherine Lorenz, to the staff in the Bar Office (particularly, in my case, Denise Bennett and Liz Ingham), the Bar Council’s Executive, the Bar Council, our Bar Associations, standing committees and clerks, among others. And I will remember the friendship and fun that has come from working cohesively, constructively and creatively for the interests of our members.
Thank you one and all for your support, encouragement, ideas and (always constructive) criticism. If you have not voted yet, don’t forget to do so—polls close on Wednesday afternoon.
Voting for the 2019/2020 Bar Council Election is still open. Eligible members must be logged into the Bar website to vote. For information about the nominees and access to the voting portal, click here.
Voting instructions can be downloaded here. Voting can only be conducted online.
Voting closes on Wednesday 13 November 2019 at 5pm.
For assistance, please call the Bar Office on 9225 7111.
A General Meeting of the Barristers' Benevolent Association of Victoria will be held on Thursday, 14 November 2019 at 4:45pm in the Bar Council Chamber, Level 1, Owen Dixon Chambers East, 205 William Street, Melbourne VIC 3000.
The purpose of the meeting is to confirm a resolution which was passed at the Annual General Meeting held on 28 October 2019 which amended the BBA’s current rules.
An explanatory memorandum about the changes to the rules is available on the Victorian Bar website or at Victorian Bar Reception.
Expressions of interest are hereby called for the position of Assistant Honorary Secretary to the 2019/2020 Bar Council.
The roles of the Honorary and Assistant Honorary Secretaries are vital to the smooth functioning of the Victorian Bar. They attend Bar Council meetings and have responsibility for membership matters, including addressing and making recommendations to Bar Council in relation to readers, new members, transferring members and disclosure matters. They also assist the Counsel Committee in relation to disclosures and investigations, and are a frequent port of call in relation to matters arising under the Bar’s Constitution, rules and policies.
Please email denise.bennett@vicbar.com.au with your expression of interest by 4pm, Thursday 14 November.
The Commonwealth Treasurer, the Hon Josh Frydenberg MP, recently wrote to all State and Territory Attorneys-General, pursuant to the Corporations Agreement 2002, seeking names and curricula vitae of interested, suitably qualified persons, resident in Victoria, for nominations to the Takeovers Panel. The terms of 13 members of the Panel are due to expire on 22 March 2020.
The Victorian Bar has been invited by the Department of Justice & Regulation, Civil Justice to provide names of interested persons for possible nomination by the Attorney-General to the Panel.
The Takeovers Panel is established by Part 10 of the Australian Securities and Investments Commission Act 2001. It is the primary forum for resolving disputes about a takeover bid until the bid period has ended. The Panel is a peer review body with part-time members appointed from the active members of Australia's takeover and business community. Potential members are required to have knowledge of, or experience in, relevant fields including business, the administration of companies, the financial markets, law, economics and accounting. Further information on the Takeovers Panel is available on its website: www.takeovers.gov.au, and in the background document.
Expressions of interest will be considered in accordance with the Bar’s protocol for nomination and appointment of Vic Bar members to external bodies, which can be viewed here.
Please submit your expression of interest, together with a copy of your current curriculum vitae and any relevant experience and expertise to Denise Bennett at denise.bennett@vicbar.com.au
The closing date for Expressions of Interest is 4pm, Tuesday, 12 November 2019.
The ABA has launched its new website - https://austbar.asn.au
The new site is attractive and easy to navigate, with information on the advocacy training including the forthcoming Advanced Trial Advocacy Intensive in Melbourne on 20-24 January, the BAQ ABA conference in Brisbane next March, news, speeches, publications, policy and information for the public about barristers.
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.
REGISTRATION ESSENTIAL Click here to register
This is the concluding workshop in the series that has been 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.
It is our last workshop together! In the past five weeks, we have learned how our mind and brain and essentially two sides of the same coin. By changing and shifting our mindset, we un-wire and rewire the neurological pathway of our brain,which will then enable us to think, feel and perceive new ways. We will go through the material learned in the past several workshops, practise a few meditation and will give participants the opportunity to ask any questions and to have an open discussion on how we can continue the practices after the workshop.
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;
4. Explore utilising play, smiling and laughter yoga as an effective tool for positive leadership.
For more details please click on the link below.
Workshop Date: 14 November 2019: Mindgarden
Speaker: Elva Zhang
When: Thursday, November 14, 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.
Don't miss out on these exclusive member deals for November with some great offers and gift ideas.
It's not too late to register your team now.
Monday the 11th of November 5.30pm.
Register your interest in the Club or at essoignclub@vicbar.com.au
BottledSnail has been bringing creatives in the legal industry together for 6 years, providing outlets to improve our connections and mental health as well as cultivating opportunities for people to rekindle their creative passions.
For BottledSnail to continue to put on quality productions and run the many projects that we do we need your help. All of our productions and projects come at a cost and we want keep our productions accessible to our members both artists and audiences.
The event will be retrospective – with fabulous performances from our Big Band, Orchestra, Choir as well as past musical projects, soloists and dramatists. We are calling on all of our Snail friends – to come along, and bring their friends. It will also be an excellent opportunity to get together with other creatives over a glass of wine and maybe even chat about your next project. There will be drinks and snacks available for purchase on the night.
View the flyer for more information and click here for tickets.
I have much pleasure in inviting members of the Victorian Bar to participate in the annual Judges’ Golf Classic which this year will be held at the Eastern Golf Club in the Yarra Valley on Monday, 23 December 2019. We will be playing the Greg Norman designed South Course (Holes 1-18). There will be a shotgun start at 8:30 am. Before play commences, early risers are welcome to warm up with free range balls on the practice range which is situated on the eastern side of the car park, next to the tennis courts. Complimentary egg & bacon rolls and tea and coffee will be served before play near the main practice putting green which is situated on the western side of the clubhouse. Those staying for lunch are welcome afterwards to play Shark Waters, a challenging 9 hole par three course which girts two of Eastern’s lakes. The total cost this year is $125 (or $75 for those who can’t stay for lunch).
Please RSVP by 22 November 2019 to my Associate, Simon Brown (simon.brown@supcourt.vic.gov.au.) For catering purposes, please indicate whether you will be joining us for lunch.
I look forward to seeing you at Eastern GC in the beautiful Yarra Valley.
Justice Christopher Beale
The Judicial College of Victoria has embarked on a project that aims to place our audiences at the heart of everything we do. Its purpose is to ensure we are delivering the best value and service possible to the Victorian judiciary and wider legal community.
This project is currently gathering insights to form a deeper understanding of our users’ preferences, particularly for accessing College resources and programs, and about what is needed to improve our services. All answers are confidential and will not be shared outside the College.
The project is dependent on the feedback we receive. We would therefore appreciate two minutes of your time to fill out this short survey.
CLICK HERE TO COMPLETE THE SURVEY
ACICA has launched the Australian Arbitration Survey to gather empirical evidence from practitioners as what works in arbitration and what can be improved on. The survey will assist by, contributing to a more meaningful conversation with corporate and government decision makers to drive further investment in the area; informing collective efforts to promote international commercial arbitration in Australia and Australian cities as arbitral venues; providing a baseline against which changes in usage and perceptions in this area can be assessed and enhancing the practice of arbitration in Australia. To take the survey it is necessary to first obtain a respondent number from ACICA. Details can be found here
The Sentencing Advisory Council’s public ‘SACStat’ database of sentencing statistics has been updated with three years of new data for offences sentenced in the Magistrates’ Court of Victoria.
The new data gives users access to a wealth of information about 500 offences sentenced in Victoria’s busiest court. SACStat provides information on the number of cases and charges sentenced, the types of sentences imposed, sentence lengths, and an age and gender profile of offenders.
SACStat also provides sentencing data for over 200 offences sentenced in the higher courts (County and Supreme Courts) for the five years to 30 June 2018.
New user guide
The Sentencing Advisory Council has published a two-page guide (PDF attached) with handy hints to help users get across SACStat’s counting rules.
More detailed resources can be found on SACStat: ‘About SACStat’, ‘How to Use SACStat’ and ‘Technical Notes’.
You can access SACStat from the Sentencing Advisory Council’s website.
On 29 October 2019, the Victorian Legal Services Board (‘the Board’) resolved to renew the appointment of Mr Rapke as Manager of the Law Practice, pursuant to section 334 of the Legal Profession Uniform Law (‘Uniform Law’). The appointment is for a period of nine months and expires on 29 July 2020, unless the Board determines to extend the appointment or the appointment otherwise ceases in accordance with section 340 of the Uniform Law.
The Board determined to renew the appointment of the Manager for similar reasons to those set out in our previous letter and the Board remains satisfied that there is a need for an independent person to continue to take professional and operational responsibility for the Law Practice.
As discussed in our previous correspondence, members of the Victorian Bar may be impacted by this appointment and Bar members may contact Mr Rapke if they have any concerns about payment of their fees.
If you wish to discuss this matter further with the Board, please contact David J Smith on (03) 9679 8097 or via email at djsmith@lsbc.vic.gov.au.
You are invited to the 2019 Fiat Justitia Lecture, presented by The Honourable Stephen Charles AO QC, who poses the question of whether there should be a National Integrity Commission.
Date: Wednesday 13 November
Time: 6:00pm - 7:00pm (followed by refreshments)
Venue: Monash University Law Chambers, 555 Lonsdale St, Melbourne
Cost: Complimentary
RSVP: https://forms.gle/c3medhCSafdQSw1aA
Essential for catering purposes
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.
Presenters: Jacquelyn Burkell and Jane Bailey
Date/Time: 2pm-3pm on Wednesday 4 December 2019
Venue: Room MAR241, Level 2, Martin Building, Bundoora Campus, La Trobe University
The Law Institute Journal (LIJ) is seeking a new High Court judgment writer and a new Supreme Court judgment writer.
They are looking for individuals to supply the 2pp High Court column from March 2020 LIJ and the 2pp Supreme Court column from May 2020 LIJ.
It’s a flexible role, but judgment columnists are asked to commit for at least one year.
Any barristers interested in the opportunity please contact Managing Editor Carolyn Ford at CFord@liv.asn.au who will provide deadline and other details.
12th Floor Wentworth Selborne Chambers in Sydney is seeking expressions of interest for the position of Head Clerk.
One of the leading sets of barristers’ chambers in New South Wales, with over 55 members including 16 Senior Counsel, its barristers practise nationally and internationally in a broad range of areas and jurisdictions.
For further information, see 12thfloor.com.au. The commencement date for the position would be within the first six months of 2020.
Applicants should have significant clerking experience and should address their applications, setting out relevant experience and suitability for the role, to
The Secretary
12th Floor Wentworth Selborne Chambers
180 Phillip Street
Sydney NSW 2000
Email: rob.ranken@12thfloor.com.au
Closing date for applications is 22 November 2019.
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
Deadline for the next issue:5pm, 14th November 2019