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In Brief Issue #944
20Dec
Cyber security at the Bar
I am happy to report that the new password policy implemented earlier this year has led to a notable improvement to the safety of the VicBar email system.
Like all organisations, the Victorian Bar is at constant risk of cyberattacks and phishing attempts. While it can be irritating to update your password on a regular basis, BCL’s statistics show that the new password policy implemented this year has been highly effective in foiling the hackers.
We all have a part to play in keeping our IT systems safe. Please continue to keep up your guard against suspicious emails, links and attachments. BCL will continue to monitor the dark web and undertake testing to try to ensure the security of the systems used by our members.
What counts as CPD?
Have you ever wondered whether a particular learning or teaching opportunity counts as CPD? If so, help is at hand. The Legal Services Council has introduced a new rule to clarify the type and format of activities that will attract CPD points for barristers. The new rule ties CPD to a barrister’s practice of the law and includes a list of the types of activities and formats that may comprise a CPD activity. The rule covers not only the obvious activities like attending or presenting seminars, but also includes such things as participation in working groups, preparation or editing a book or article relating to the law and writing examinations or course material for readers.
More information about the new rule is available in the notice below.
Award-worthy in-house lawyers
Do you know an in-house lawyer or in-house legal team that deserves recognition for excellent work? You could nominate them for a Lawyer’s Weekly Corporate Counsel award, which is a great way to support their career and profile. Nominations close on 13 January 2020. A link to the nomination form can be found here.
Pro bono opportunity in the Northern Territory
If you have experience in child protection, domestic family violence or criminal law, I encourage you to consider participating in the new NT Pro Bono Relief Scheme. Expressions of interest are currently sought for lawyers to work pro bono for one to two weeks assisting the Northern Territory Legal Aid Commission and the North Australian Aboriginal Justice Agency in relation to Court matters which are listed in Darwin and Alice Springs. Lawyers in these agencies represent some of society’s most vulnerable people. See the notice below for more details about this new and unique opportunity. More information is in the notice below.
Committee appointments
It was great to see such wide interest from our members in joining the Bar Council committees. Many thanks to all the members who have served on committees in past years and to those who took the time to express interest this year. Details of the appointments to the committees are now available on the VicBar website.
Enjoy your summer break!
The Vic Bar office will be closed from 5pm on Friday 20 December 2019 and will re-open on Monday 6 January 2020. Details and dates of the opening of the Legal Year are listed here.
I wish you all a safe and happy Christmas and New Year. Take care over the festive season and enjoy a well-deserved break with your family and friends. Wendy Harris QC and I will be back in late January 2020 with more news and updates for you in InBrief.
Click here to view the BCL Annual Report 2019.
The Victorian Bar office and Victorian Bar Mediation Centre will close for the Christmas-New Year holidays at 5pm on Friday 20 December, 2019. The office and Mediation Centre will reopen at 9am on Monday 6 January, 2020.
Tuesday 28 January in Melbourne
Synagogue Service
9am at the East Melbourne Hebrew Congregation, 488 Albert Street East Melbourne, followed by morning tea. Judges and counsel are asked to robe (but not wig).
Red Mass
9am at St Patrick’s Cathedral, 1 Cathedral Place Melbourne. Followed by morning tea with His Grace, Archbishop Peter Comensoli. RSVP by 14 January to lisa@mcfarlanelegal.com.au or 9602 5440 for the morning tea. Judges and counsel robe and medals are worn.
Click here to view the flyer for more information.
Eastern Orthodox Service
9am at St Eustathios Greek Orthodox Church, 221 Dorcas Street, South Melbourne, followed by morning tea with His Grace Bishop Ezekiel of Dervis and Father Evmenios Vasilopoulos. Judges and counsel robe and medals are worn.
Click here to view the flyer for more information.
Wednesday 29 January in Geelong
9.30am, Deakin University, Waterfront Campus, Geelong. Followed by morning tea. To register your interest, contact the Secretary of the Geelong Law Association at info@wjmlawyers.com.au
Click here to view the flyer for more information.
Monday 3 February in Melbourne
International Commission of Jurists Community Opening
Waldron Hall, County Court of Victoria at 9 am followed by morning tea. RSVP to communications@icjvictoria.com.au. Robes are not worn.
Click here to view the flyer for more information.
Ecumenical service
10am at St Paul’s Cathedral, Flinders St Melbourne. RSVPs to lestelle@vicbar.com.au. Judges and counsel robe and medals are worn.
Wednesday 5 February in Melbourne
Victoria Law Foundation Legal Laneway Breakfast
8am in Hardware Lane between Lt Bourke & Lonsdale Streets. Bookings essential. Robes are not worn.
The 2020 Victorian Bar Dinner will be held at the Plaza Ballroom on Friday 22 May 2020.
The Honourable William Alstergren, Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia, is the guest of honour and keynote speaker.
Be sure to keep the date free in your diary.
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 December with some great offers and gift ideas.
The Essoign Club's last day of trading 2019 will be on Friday 20th December.
First trading week 2020:
- Monday 13th – Friday 17th January
- Café to open: 7am – Midday for coffee, drinks, fresh pastries and toasted sandwiches
Trading as per usual on Monday 20th January 2020
Join fellow barristers and members of the VicBar community for an hour of relaxation and fun. Experience and obvious talent not required. All welcome.
I refer to our letter to your Office dated 6 August 2019, advising of the Victorian Legal Services Board’s (‘the Board’) resolution to appoint Mr Robert Stary as Manager of the sole practitioner law practice Patrick W Dwyer (‘the Law Practice’) pursuant to section 334 of the Uniform Law.
Please accept this letter as confirmation that Mr Stary’s appointment as Manager of the Law Practice ceased on 11 December 2019 because the term of the appointment ended and the Law Practice has ceased to operate.
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.
On 6 December 2019, after consulting widely with stakeholders and the public, the Legal Services Council (LSC) made the Legal Profession Uniform General Amendment (Miscellaneous) Rule 2019 (Rule) under s 419 of the Legal Profession Uniform Law 2014 (Uniform Law). As well as clarifying the usual duration of a practising certificate, the Rule amends the Uniform General Rules (UGRs) that support various provisions in Chapter 4 of the Uniform Law, specifically UGRs 17, 38, 54, 63, 64 and 93; and creates new UGRs 91E and 95A. It commenced on 13 December 2019.
Find more information here.
On 6 December 2019, after consultation with all Australian Bars, regulatory authorities in NSW, Victoria and Western Australia, and the public, the Legal Services Council (LSC) made the Legal Profession Uniform Continuing Professional Development (Barristers) Amendment (CPD Activity) Rule 2019 (Rule) under s 419 of the Legal Profession Uniform Law 2014 (Uniform Law). The Rule amends rules 5 and 6 and creates a new rule 6A of the Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015. It commenced on 13 December 2019.
The LSC is concerned that the high standards of the profession are maintained and quality services continue to be rendered to consumers, by CPD points being allocated only to activities that are current, relevant and likely to increase the knowledge and skills of legal practitioners.
The effect of the Rule is to provide barristers with:
- Clarity about the qualitative content of a CPD activity - by plainly stating that a CPD activity must be relevant to the barrister's professional development needs in relation to the barrister's practice of the law.
- Guidance about the types of activities in various formats that may comprise a CPD activity - by creating a list of the same.
In approving the LSC's recommendation of the Rule, the Standing Committee comprising the Attorneys General of NSW, Victoria, and Western Australia, noted the consultation that had taken place.
We are pleased to present the Annual Reports of the LSC and Commissioner for Uniform Legal Services Regulation for 2018-19.
The Reports detail:
- Highlights of our activities throughout the year
- Progress against our Strategic Plan
- Our financial statements
- The national legal profession snapshot, and
- A comprehensive analysis of complaints data for the Uniform Law states.
Our Annual Reports are also available on the Legal Services Council’s website.
All members are requested to note that from 28 January 2020 (which is the start of the legal year) the Hon. Justice Rita Zammit will revert to her maiden name.
In her judicial capacity, her Honour will then be known as the Hon. Justice Rita Incerti.
The Court has informed the Bar of the change and has requested that we make any necessary notifications to our members.
From 28 January, 2020 there will be a new process adopted in the Federal Circuit Court of Australia in Melbourne for case management of financial applications.
From that date, applications which seek financial orders only, will be listed before a Registrar on the First Court Date and managed by a Registrar until the conclusion of the dispute resolution process. The process is based on the model successfully implemented in the Newcastle Registry. Referral to a Judge on the First Court Date will only be permitted in circumstances of genuine urgency requiring judicial determination.
Please also note confirmation of opening hours for the Melbourne Registry during the Christmas and New Year period. The Dandenong Registry will close on Wednesday 25 December and reopen on Tuesday 7, January 2020.
In January 2020 the High Court of Australia will introduce a Digital Lodgment System Portal (DLS Portal) to permit parties to start cases, file documents, pay fees, receive notifications from the Court and track the progress of a case without attending the Registry.
The DLS Portal has been designed with the primary focus of the needs of external users of the Court’s services, as identified by external stakeholders in their responses to the Court’s review of its services conducted in late 2018. It is expected that the DLS Portal will substantially improve access, efficiency and timeliness for the parties as well as reducing their costs of conducting litigation in the Court. Members of the public will also benefit from electronic access to information about cases filed and, upon payment of the prescribed fees, will be able to obtain copies of documents available for inspection.
Information about the DLS Portal is available in the attached document and on the High Court website at http://www.hcourt.gov.au/digital-lodgment-system/digital-lodgment-system-information. Step-by-step walk through assistance will be available in the DLS Portal from January.
The Law Council of Australia has recently released Crowdfunding: Guidance for Australian Legal Practitioners. The publication addresses the risks of crowdfunding and the professional and ethical issues that practitioners ought to consider when navigating this complex issue with clients.
The Sentencing Advisory Council has recently released a fact sheet comparing the Council’s report ‘Crossover Kids’: Vulnerable Children in the Youth Justice System: Report 1 (2019) with a new study by Monash University researchers Susan Baidawi and Rosemary Sheehan, which examines Children’s Court case files of 300 children who had a criminal hearing and also had a child protection order in their lifetime.
The factsheet can be located here.
Further information on the Council’s ongoing work on ‘crossover kids’ in the youth justice system can be located here.
The Federal Court has recently reviewed and revised a number of practice notes. The changes include adoption of the Concise Statement Method into other National Practice Areas of the Court and updates to the practice notes about class actions, employment and industrial relations. The amended practice notes will be available from Friday 20 December 2019 on the Federal Court’s website and will take effect from that date. The Court has advised it will take a flexible and common sense approach to any issues arising from the practice notes being applied to existing proceedings. A summary of the updates is set out below.
Adoption of the Concise Statement Method into other National Practice Areas (‘NPAs’)
The majority of the changes concern the wider adoption of the Concise Statement Method into other NPAs of the Court. This follows its success in the Commercial and Corporations NPA where it was first introduced: see paragraphs [5.4] - [5.8], [6.8] and [6.9] of the Commercial and Corporations Practice Note (C&C-1)
The Court is moving away from process driven litigation that can be overly costly and slow and can limit access to the legal system. The Court encourages practitioners to consider the use of the Concise Statement Method where the key issues and facts at the heart of the dispute, and the primary legal grounds and relief sought, are required to be plainly and clearly identified, at an early stage, so that the docket judge can make tailored case management orders that deal with the real issues in dispute in a reasonable, proportionate and cost-effective way: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 1284 (Allsop CJ).
The Concise Statement Method will now be found in the Central Practice Note (CPN-1) and is included as one of the Court's Case Management Imperatives. Consequential amendments have been made to the practice notes for the NPAs where the method will now be available, including: Administrative and Constitutional and Human Rights (ACLHR-1), Admiralty and Maritime (A&M-1), Employment and lndustrial Relations (E&IR-1) and Intellectual Property (IP-1).
Additionally, the Concise Statement Method continues as part of the Commercial and Corporations NPA (C&C-1) and retains its particular features within that practice note.
Changes to Class actions and Employment practice notes
The main changes to these practice notes are outlined below:
- Class actions (GPN-CA): the replacement of the 'docket judge' and 'case management judge' concepts with the 'class actions management judge' who will manage and deal with all interlocutory issues up until the class action is ready to be allocated for hearing. Additional matters the parties should be ready to address at the first case management hearing, including the identification of issues for preliminary determination, the financial basis upon which the class action is to be conducted and if any orders would impose financial obligations on class members. The obligations of the parties where they become aware of a competing class action and the duties imposed upon the applicant's solicitor in seeking the Court's approval to a settlement.
- Employment and Industrial Relations (E&IR-1): the use of concise statements, additional matters the parties should be ready to address at the first case management hearing, including considerations where a proceeding also seeks the imposition of a penalty on an individual. The manner in which the Court will deal with evidence filed at the commencement of a proceeding and at trial.
Further information and feedback
The Federal Court welcomes views in respect of its practice notes. Feedback should be provided by email addressed to Tuan Van Le, Judicial Registrar, at Tuan.VanLe@fedcourt.gov.au and should include a short summary of the key issues sought to be brought to the Court's attention and relevant contact details. Please copy any feedback to Elizabeth Ingham, Manager, Office of the CEO, Vic Bar at elizabeth.ingham@vicbar.com.au.
Members of the profession are invited to attend the 2020 Bar Association of Queensland and Australian Bar Association Conference, commencing with welcome drinks on Thursday 5 March and running across two days, Friday 6 March and Saturday 7 March at the W Hotel in Brisbane.
Catering to members of the profession at all stages of their career, the conference promises future-focused sessions that examine emerging issues, developments and best legal practice. View the preliminary Program.
Following on from the success of 2019, the conference boasts an unparalleled panel of expert speakers across a diverse range of topics, including:
- The Honourable Justice Patrick Keane AC, High Court of Australia
- The Honourable Justice James Edelman, High Court of Australia
- The Honourable Catherine Holmes, Chief Justice, Supreme Court of Queensland
- The Honourable Thomas Bathurst AC, Chief Justice, Supreme Court of New South Wales
- The Honourable William Alstergren, Chief Justice, Family Court of Australia
- The Honourable Justice Martin Daubney, Supreme Court of Queensland
- The Honourable Justice Sue Brown, Supreme Court of Queensland
- Her Honour Judge Judith Gibson, District Court of New South Wales
- Professor Bryan Horrigan, Dean of Law, Monash University
- Professor David Rolph, The University of Sydney Law School
- Dr Mark O'Brien, Medical Director, Cognitive Institute
Along with barristers:
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Join us at the welcome on Thursday evening to hear renowned Australian artist and human rights campaigner, Ben Quilty, as he discusses his experiences as a war artist in Afghanistan and his reflections on society and the law. At the optional gala dinner on Friday listen to guest speaker Dr Munjed Al Muderis, Associate Professor and Orthopaedic Surgeon, a former refugee who is now an internationally acclaimed surgeon.
Places are limited, with the conference open to all legal professionals, so I encourage you to register early to secure your place.
This half day Workshop will cover the practical steps in conducting an Arbitration as a solicitor for a party.
Covering all basic procedures, as well as:
- Practical preparation for you before an Arbitration.
- Practical preparation for your client before an Arbitration.
- The process on the day.
- After the event, what happens next.
- Draft documents
With electronic take home material and the AIFLAM Arbitration Standards.
When:
Friday, 07 February 2020
- 2.00pm to 5.00pm Seminar
- 5.00pm to 7.00pm Networking
Where: RACV City Club 501 Bourke Street Melbourne VIC 3000.
Cost:
- Members : $330pp
- Non-Member: $370pp
- Networking only: $50pp
CPD Points: 3
The Victorian Government is seeking applications for the position of Deputy Public Interest Monitor under the Public Interest Monitor Act 2011.
Public Interest Monitors have monitoring functions under the Major Crime (Investigative Powers) Act 2004, the Surveillance Devices Act 1999, the Telecommunications (Interception and Access) Act 1979 (Cth), the Terrorism (Community Protection) Act 2003 and the Witness Protection Act 1991.
These functions include providing additional safeguards in relation to applications for warrants, orders or approvals to use certain covert or coercive investigative powers, such as surveillance devices and telecommunication intercepts, by:
- appearing at hearings of applications to test the content and sufficiency of information relied upon;
- questioning any person giving information in relation to the application; and
- making submissions as to the appropriateness of granting the application.
The successful candidate must be an Australian lawyer within the meaning of the Legal Profession Uniform Law Application Act 2014.
The successful candidate will be required to undertake relevant security clearances and may be appointed on a full-time basis for up to three years. Appointment at 0.8 FTE will be considered.
To apply online and obtain a copy of the position description visit: www.careers.vic.gov.au and refer to position number 1437336.
The closing date for applications is midnight on 29 December 2019.
Applications and enquiries should be made to Mr Michael Strong, Principal Public Interest Monitor on (03) 9032 0666.
The NT Pro Bono Relief Scheme is a new pilot program which is being coordinated by the Law Council of Australia and the Law Society Northern Territory. It will offer a unique opportunity for lawyers around Australia to work in the Northern Territory assisting or relieving local lawyers in the Northern Territory Legal Aid Commission and the North Australian Aboriginal Justice Agency for periods of between 1-2 weeks. Northern Territorian lawyers in these agencies do some of the most important legal work in Australia, representing some of our society’s most vulnerable people. The profession does an exceptional job in the face of extraordinary challenges, including a substantial and difficult caseload, significant under-resourcing and underfunding. You can help.
The Law Council of Australia and the Northern Territory Law Society are currently seeking expressions of interest for lawyers to work pro bono for 1-2 weeks assisting the Northern Territory Legal Aid Commission and the North Australian Aboriginal Justice Agency in relation to Court matters which are listed in Darwin and Alice Springs.
Successful applicants will have:
- a current practising certificate;
- excellent communication and interpersonal skills;
- cultural competency;
- a proven ability to exercise initiative and take direction, work independently and in a small team;
- a demonstrated ability to work under pressure, prioritise work and meet deadlines in high pressure environments.
Barristers and solicitors undertaking this work will be unpaid. Solicitors and barristers with at least 5 years PQE are encouraged to apply. Experience in child protection, domestic family violence or criminal law is necessary.
To apply, please send the following to Liz Ingham, Manager of the Office of CEO, Vic Bar, at elizabeth.ingham@vicbar.com.au.
a. Curriculum Vitae, including contact details of two professional referees;
b. A Personal Statement outlining your relevant experience (500 words or less) and why you would like to participate (500 words or less);
c. Indication of your availability to participate in the scheme in 2019 and 2020.
If you would like any further information, please contact elizabeth.ingham@vicbar.com.au. Applicants will be notified of the outcome of their application to assist.
Deadline for the next issue:5pm, 23rd January 2020