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In Brief Issue #949
7Feb
Justice in the regions
For many of us, the blocks around William Street are the centre of our work universe. This week, I’d like to share some news about activities in one of our regional centres.
Geelong is home to a thriving legal community with more than 300 solicitors in the Geelong Law Association and Walsh Chambers based in the city.
The opening of the new legal year in Geelong was marked last week with a community-based celebration at Deakin University. ‘The law in our local community’ was the theme, and the Honourable Justice Michelle Quigley of the Supreme Court of Victoria, who has been instrumental in promoting justice in the community, reminded the audience that:
“Access to justice is not just about where the Courts and Tribunals are. It is also about what goes on inside those buildings: how our communities engage with the justice system and the effort made to improve engagement.”
There are some great initiatives in Geelong that are changing the way justice is accessed and served. These include a Magistrates’ Court pilot program for victims of family violence to give evidence by video link, Koori Court programs, a VCAT Fast Track Mediation and Hearing program to allow faster resolution of matters, and targeted community engagement programs to help explain how courts and tribunals work. These initiatives, the Honourable Justice noted, demonstrate the commitment to improving and facilitating access to justice that is fundamental to a modern civilised society and a well-functioning democracy. We’d like to acknowledge the work of the many members of our Bar who work or appear in Geelong and who are helping the administration of justice in this important regional centre.
The celebrations in Geelong included a Welcome to Country and didgeridoo performance by traditional Wadawurrung People, Nikki McKenzie and Norm Stanley. Together with the Honourable Justice Michelle Quigley, speakers included Aaron Jolly, President of the Geelong Law Association, Professor Iain Martin, Vice Chancellor of Deakin University, and Dr Ian Freckelton QC from the Victorian Bar. More than 130 people attended, including community leaders, students, local legal practitioners, and representatives of the courts and tribunals and the Victorian Bar.
You can read Justice Quigley’s speech at the following link: https://www.supremecourt.vic.gov.au/about-the-court/speeches/opening-of-the-geelong-legal-year-2020
Left to Right: Dr Ian Freckelton QC, His Honour Judge Gerard Mullaly, His Honour Judge Philip Misso, Magistrate Ann McGarvie, Supreme Court Justice Michelle Quigley and Prof. Iain Martin, Vice Chancellor of Deakin University
Congratulate your in-house colleagues
The finalists in the forthcoming Lawyers Weekly Corporate Counsel Summit have been announced. If you’d like to congratulate a colleague or a client, the finalists are published here: https://www.lawyersweekly.com.au/corporate-counsel-summit/winners/2020-winners-and-finalists.
Winners will be announced at the award ceremony in Sydney on 20 March.
The inaugural Criminal Bar Association CPD conference will be held in Lorne on 20-22 March 2020. Sessions will cover The Eastman Trial, Prasad & the Close of the Crown case, Miscarriages of justice, Challenges to forensic science, Ethics in criminal practice, Mental health and sentencing, Standard sentencing and vicarious trauma in practice. Further details and Registration available here.
Upcoming CPD events:
You must be a member of the Victorian Bar and logged into the VicBar website to view the following events.
The Essoign is kicking off the first Trivia Night at the Club on Tuesday the 18th of February.
Register your interest in the Club or at essoignclub@vicbar.com.au
Studio 11, always worth a look, is delighted to host its Summer 2020 exhibition featuring bold, expressive paintings by Shani Alexander as well as sensual photographic works by Renee Tsironis. Glass artists, Grant Donaldson and Eileen Gordon, offer works which are elegant and striking. The exhibition comprising over 50 works, is designed to provide you with an opportunity to ease into the new year, take a break and check out the body of work. Work sheets and artist biographies are found on Level 11, Owen Dixon Chambers East. All works are for sale, commission free, directly from the artists.
For those of you who work closely with in-house counsel, the finalists in the forthcoming Lawyers Weekly Corporate Counsel Summit have been announced. If you’d like to congratulate a colleague, the finalists are published here: https://www.lawyersweekly.com.au/corporate-counsel-summit/winners/2020-winners-and-finalists
The Family Court of Australia and Federal Circuit Court of Australia acknowledges the catastrophic impact caused by the recent bushfires and extends its sympathies to those affected.
To assist those impacted, the Courts have established a contact point for legal representatives and parties requiring support in relation to a current or prospective matter.
All enquiries for assistance such as necessary adjournments, variation to timetables or preparation for hearings should be directed to the chambers of the presiding Judge.
Alternatively, you may contact our liaison for bushfire related enquiries, Mr Michael Raine, whose details are as follows:
Michael Raine
Legal Assistant (Paralegal)
Phone: 08 8219 1641
Email: michael.raine@familycourt.gov.au
Following extensive consultation, the Chief Justice of the Family Court of Australia and the Chief Judge of the Federal Circuit Court of Australia has issued a practice direction containing a statement of 10 core principles to guide the exercise of the family law jurisdiction in both courts.
This is the first step in harmonising the practices between the two courts in family law and developing a consistent approach to case management.
On 22 January 2020, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Steven Weill as Manager of Mr Rainer Ellinghaus’s sole practitioner law practice, Law Offices of Ellinghaus & Lindner (‘the Law Practice’), pursuant to section 334 of the Legal Profession Uniform Law (Victoria) (‘Uniform Law). Mr Weill’s appointment is for a period of six months, expiring on 22 July 2020, unless extended or terminated pursuant to section 340 of the Uniform Law.
The Board determined to appoint the Manager to the Law Practice because Mr Ellinghaus is currently unable to practise 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 Weill on (03) 9663 6422 or at sweill@ellinqhausweill.com.au if they have any outstanding issues in relation to the Law Practice.
You will be notified upon the termination of the management. If you wish to discuss this matter further, please contact me on 03 9679 8165 or via email on ctoussaint@lsbc.vic.gov.au.
In 2020 the County Court of Victoria will be expanding the County Koori Court to Geelong.
The County Koori Court currently sits in five locations, the Latrobe Valley, Melbourne, Mildura, Shepparton and Warrnambool. The Court hears pleas of guilty, appeals from the Magistrates' and Children's Courts, and contraventions of County Court orders. Expanding the County Koori Court to Geelong is an important next step in making this beneficial sentencing process available to all Aboriginal offenders.
It is proposed that the County Koori Court will sit at times aligned with County Court criminal circuits at Geelong. The County Koori Court will sit on the first two days of each criminal circuit if matters are scheduled.
The County Koori Court will operate in accordance with the Court's Practice Note: Operation and Management of the County Koori Court PNCR 1-2015.
Consultations with local practitioners, community groups and service providers will commence in February 2020.
Should you have any questions regarding this initiative please contact Terrie Stewart, County Court Koori Court Coordinator via email terrie.stewart@countycourt.vic.gov.au or on 8636 6083.
The Legal Services Council has published a consultation paper on proposed amendments to the Legal Profession Uniform Law.
The proposals aim to:
- clarify the effect and operation of certain provisions
- enhance protection of consumers of legal services
- empower clients to make informed choices about costs
- expand the category of people who can make consumer complaints
- remove the potential for unintended consequences and perverse outcomes to arise
- improve administrative efficiencies, and
- resolve inconsistencies and drafting anomalies.
Submissions can be sent to the Council at submissions@legalservicescouncil.org.au on or before Friday, 28 February 2020
The Supreme Court of Victoria will begin a specialised Institutional Liability List from 10 February 2020 to handle civil claims related to institutional abuse.
The new list will include claims for damages which have arisen from or following the Royal Commission into Institutional Responses to Child Sexual Abuse and/or the State Inquiry into the Handling of Child Abuse by Religious and Other Organisations.
More information about the types of claims that will be managed in the list are set out in the Notice to the Profession.
The Judges in Charge of the new list will be the Honourable Justices Rita Incerti (formerly Justice Zammit) and Andrew Keogh and the list will be managed by Judicial Registrar Julie Clayton.
The Sentencing Advisory Council has released a new report: Time Served Prison Sentences in Victoria.
The report finds that Victoria’s growing remand population has indirectly affected sentencing outcomes. Although there are thousands more people receiving prison sentences each year, there are comparatively few additional people serving a prison sentence at any given time. Instead, most of the additional people in Victoria’s prisons in recent years are people in custody awaiting trial.
Part of the explanation for this increase in prison sentences without many additional people serving a prison sentence is the significant increase in time served prison sentences, where an offender receives a prison sentence identical to the amount of time they spent on remand awaiting trial and are immediately released. Time served prison sentences now account for 20% of all prison sentences imposed in Victoria, compared with 5% six years earlier.
The Council’s report, Time Served Prison Sentences in Victoria, is available from the Council’s website: https://www.sentencingcouncil.vic.gov.au/publications/time-served-prison-sentences-victoria
On 4 February 2020, Martin Keith was appointed by the Governor in Council as a Judicial Registrar of the Supreme Court of Victoria, effective 5 February 2020.
Mr Keith, will work alongside Judicial Registrar Julie Clayton in the Common Law Division, will be responsible for early case management and hearing and determining interlocutory applications primarily in the Court’s Trusts, Equity and Probate List and Judicial Review and Appeals List.
Early bird registration to the Bar Association of Queensland (BAQ) and Australian Bar Association (ABA) 2020 Conference has been extended until today, Friday 7 February 2020.
The 2020 Conference will be held in Brisbane between 5 and 7 March this year.
The two-day conference is designed for the whole of the profession and will host a range of local, interstate and international speakers. Sessions will address key issues for modern litigation practice and contemporary developments in relation to the law and regulation. The program features specialist sessions in several areas, including commercial, criminal, family, administrative and property law, as well as sessions focusing on ethics, practice management and advocacy.
The 2020 Conference promises some surprises with events featuring two special guest speakers. Join fellow legal professionals 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.
You and your colleagues are invited to register today to secure your place at this world-class conference.
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
Click Here to Register
Join leading academics, legal practitioners and activists for an evening of rethinking sexual consent law in Australia.
Panellists
- Professor Jonathan Crowe - Bond University
- Dr Rachael Burgin - Swinburne Law School
- Katrina Marson - Churchill Fellow and Criminal Lawyer
- Lidia Thorpe - The first Aboriginal woman in Victorian Parliament and former Greens MP
The discussion will be facilitated by Associate Professor Jacqui Horan from Monash University. Following the panel, we invite you to enjoy a drinks and canapés reception.
Saxon Mullins will launch a research and advocacy initiative at the reception.
DATE Tuesday 11 February 2020
TIME 4.45pm – 7.30pm
VENUE Monash University Law Chambers, 555 Lonsdale St Melbourne VIC
COST Free
REGISTER HERE
26 February 2020 Melbourne
Join fellow stakeholders to deep dive into the inquiry of Australia’s corporate criminal responsibility regime prior to the completion of the ALRC’s Final Report.
The ALRC is holding a series of seminars in Perth, Melbourne, Sydney and Brisbane to provide an update and to encourage additional feedback into the current inquiry. Presentations will focus on the Discussion Paper, released in November, which sought input from stakeholders about Commonwealth corporate criminal law.
The seminars will be led by a panel of judges, academics and practitioners focusing on the ALRC’s proposed model of corporate regulation, the attribution of criminal responsibility to corporations and individual liability for corporate fault, while also discussing other aspects of the proposals.
The interactive seminars present the opportunity to highlight key issues identified in submissions received, indicate the ALRC’s potential direction following those submissions and to seek further feedback on the position the ALRC may adopt in its Final Report.
Click Here to Register
The Law Mental Health Committee proudly presents the inaugural Law Mental Health Charity Ball on 28 February 2020.
The Law Mental Health Committee was formed to raise awareness of, and promote positive mental health practice, within the legal profession in Victoria. The Ball will be an annual event which brings together the judiciary and members of the legal profession for an enjoyable evening to raise funds for our chosen charity partner. This year, that charity partner is Beyond Blue.
Details
Date :28 February 2020
Location :Grand Ballroom – The Hotel Windsor 111 Spring Street Melbourne
Time: 6:30pm – 11:00pm
Keynote speaker: Judge Jennifer Coate
Tickets: $150pp or $1500 for a table of 10
Dress code: Formal / Cocktail
Contact: Michelle Lothian michelle@hllegal.com.au
The ticket price includes entrée, dinner, entertainment & drinks (beer, wine and soft drink).
Fundraising is included in the ticket price. However, please bring along an additional $10pp on the night for mystery fundraising.
Click Here to Register
We look forward to seeing you there!
The MCLA is hosting a breakfast on Wednesday 4 March with Paul Santamaria QC speaking on “Failing our Most Vulnerable”.
The breakfast will take place at 7.30 at the Essoign Club. The cost is $35 and is due on Wednesday 26 February. All welcome - please see www.catholiclawyers.com.au for details.
The WBA is partnering with Slater & Gordon in organising Class Actions 2020. The conference will take place at the Arts Centre from noon on Wednesday 11 March 2020. The conference will bring together leading practitioners from plaintiff and defendant firms, litigation funders and regulators. Women barristers will be appearing as panellists and speakers at the event.
Conference registration
General registration for the conference has opened and tickets can be purchased through this link: https://www.trybooking.com/book/event?embed&eid=576064 If you have any questions, you are welcome to contact David Barda at Slater & Gordon on 9949 8788 or David.Barda@slatergordon.com.au.
Proceeds of ticket sales are going to the St Kilda Legal Service Family Violence Outreach Program.
Booklet of women barristers
In addition, Slater & Gordon have offered to produce and circulate at the conference a booklet of women barristers who either already appear in this area or who would like to do more class actions work. If you would like to be included in this booklet, can you please send an email to Louise Martin louisejmartin@vicbar.com.au or Gayann Walker g.walker@vicbar.com.au. Once the WBA knows the numbers of barristers who would like to be included, you will be asked for further information (bios and photos etc).
- Do you ever find yourself in difficult conversations? Come and join one our programs.
- Do you need mediation accreditation or reaccreditation? Enrol in our next course.
- Are you wanting to extend and enlarge your mediation skills? Come and take one of our Mediation Masterclasses.
- Do you need training or support in conflict management, decision making or listening skills? Get in touch with us.
Our scheduled programs for the next 6 months are listed below. Don’t miss out on our Early Bird discounts!
National Mediator Accreditation
16-18, 23-25 March 2020
27-29 July and 3-5 August 2020
9-11 March 2020
20-22 July 2020
Visit our website www.cynglerconsulting.com for more information and to register.
The Victorian Government is seeking applications for the position of Chief Municipal Inspector which plays a key role in ensuring an accountable local government sector in Victoria.
As head of the Local Government Inspectorate, the Chief Municipal Inspector investigates and prosecutes possible breaches of the Local Government Act 1989 (the Act), and provides high level expert advice on local government governance and conduct matters.
Key functions of the role include:
- Leading senior investigators in the investigation and prosecution of possible offences under the Act and examination of breaches of the Act.
- Developing policies, procedures and guidelines on the governance arrangements under the Act.
- Promoting integrity across the local government sector.
- Investigating public interest (whistleblower) complaints referred by the Independent Broad-based Anti-corruption Commission.
The successful candidate will possess professional qualifications in a relevant field and/or extensive senior management level experience within regulatory or integrity bodies, and have the capacity to conduct and manage complex investigations.
The successful candidate will be appointed full time for a term of up to five years.
To obtain a copy of the position description and apply visit www.careers.vic.gov.au and refer to position number 1443976 or CLICK HERE.
Applications close at midnight on Sunday 16 February 2020.
Enquiries should be made to Mr Toby Hemming (General Counsel, Department of Premier and Cabinet) on (03) 9651 2180.
The Heritage Council of Victoria has contacted the Victorian Bar to seek expressions of interest from members with skills or expertise in heritage law, planning or property law.
The Heritage Council of Victoria is an expert statutory and advisory body made up of ten (10) members and up to ten (10) alternate members from a range of specified, heritage-related disciplines.
The Heritage Council is seeking applications from individuals who wish to serve on the Council.
On this occasion applications are sought for the following appointments, the positions they consider most relevant for the Bar are in bold:
- One member with recognised skills or expertise in financial management;
- One member with recognised skills or expertise in urban or regional planning;
- One alternate member with recognised skills or expertise in engineering or building construction;
- One alternate member with recognised skills or expertise in heritage law, planning law or property law;
- One alternate member with recognised skills or expertise in financial management
These appointments will be from 1 July 2020 for a period of three (3) years.
Full members are expected to attend meetings of the Heritage Council. Alternate members are expected to attend if the full member is unavailable. Full members and alternate members are both expected to participate in one or more of the Heritage Council’s Committees or Advisory Committees, including Registration and Review Hearings.
Applications can be made via Get on Board www.getonboard.vic.gov.au. If you need further information, please contact the Heritage Council Secretariat on (03) 9194 0868 or heritage.council@delwp.vic.gov.au.
Candidates will be required to complete standard application forms including a declaration of interests and will be required to provide a current CV. Women, Aboriginal and Torres Strait Islander people, people with a disability, young persons and people from culturally and linguistically diverse backgrounds are encouraged to apply.
The deadline for applications is 5:00pm, Friday 14 February 2020.
Clinical Legal Practioner
Deakin Careers: http://careers.deakin.edu.au/cw/en/job/497799?lApplicationSubSourceID
A fantastic opportunity for an experienced Clinical Legal Practitioner to join our progressive Law Clinic at Deakin University.
Lecturer/Senior Lecturer in Law
Deakin Careers: http://careers.deakin.edu.au/cw/en/job/497794?lApplicationSubSourceID
Join a team of established colleagues within the Deakin Law School at our Melbourne Burwood campus
- Lead in-house legal counsel
- Identify and respond to legal issues of broad organisational and strategic importance
- Lead and manage the operations of the Legal and Governance team.
About Us
Court Services Victoria (CSV) was established on 1 July 2014 as an independent statutory body corporate that provides corporate and administrative services that support judicial independence in the administration of justice in Victoria. CSV provides support services to the Supreme Court; the County Court; the Magistrates' Court; the Children's Court; and the Coroners Court, as well as the Victorian Civil and Administrative Tribunal (VCAT), the Judicial College of Victoria and the Judicial Commission of Victoria.
About the Role
As the General Counsel, you will be the lead in-house legal counsel to the CSV CEO, CSV Executives and, on occasion, Courts Council. The role is responsible for ensuring that accurate and timely expert legal advice is provided across the organisation, supporting good governance of CSV and ensuring key compliance obligations are met.
As a member of the executive leadership team you advise on and assist with the management of high level strategic and legal matters, strengthening CSV's strategic organisational capability.
Leading the Legal and Governance team, you will oversee the efficient management of legal and governance operations.
About You
Legally qualified, you have significant experience leading wide-ranging and complex legal matters in private and/or government legal practice. You will have demonstrated commitment to excellent service delivery with a focus on continuous improvement.
Applications close 17/02/2020. For more information on this position please visit: https://jobs.careers.vic.gov.au/jobs/VG-JEP359
The Department of Justice and Community Safety is currently recruiting a Deputy Chairperson and multiple Sessional Divisional Chairpersons for the Adult Parole Board.
The Adult Parole Board of Victoria (the Board) is an independent statutory body established under the Corrections Act 1986, with jurisdiction over the appropriate release of offenders on parole.
The Board is mandated to make decisions, under a statutory framework, about the reintegration of eligible prisoners into the community in a way that protects community safety. The Adult Parole Board's functions include making decisions about whether to grant, deny, defer or cancel a prisoner's parole.
The Board is now seeking to appoint a full-time Deputy Chairperson and several Sessional Divisional Chairpersons to preside over meetings and participate in the deliberations of the Board. Applicants for these roles must be retired judicial officers or legal practitioners of more than 10 years' experience.
If you’re interested in finding out more information or applying for these vacancies, please head to https://vacancies.publicboards.vic.gov.au/jobtools/jncustomsearch.viewFullSingle?in_organid=18453&in_jnCounter=224016293
Applications close on Friday 28 February 2020.
Deadline for the next issue:5pm, 13th February 2020