In Brief Issue #952

28Feb
Wendy Harris QC
President

Welcoming our new Readers

I’m sure that many of you can remember back to your first few weeks at the Bar, immersed in the Readers’ Course and excited to begin your new career. Next week we will have 48 Readers hovering around Level 1 Owen Dixon East. A smile and a warm welcome could cement a friendship that will carry them, and you, through a lifetime, and will certainly help to make them feel at home in our college.

Collectively our new Readers bring considerable experience and energy to us at the Bar – with a strong cohort from government and prosecution agencies, a number joining us from in-house roles, others from universities, family businesses, private practice and a few who have been Judges’ Associates. They have worked as far afield as the State of Illinois and Katherine in the Northern Territory. I’m sure that you’ll make our new Readers welcome.

 

New VCAT premises in Oakleigh

VCAT hears more than 83,000 cases a year, mostly to resolve guardianship, tenancy or consumer issues.  When these are not heard in its headquarters in the city, VCAT often shares hearing rooms at local Magistrates’ Courts, Council Chambers and Justice Centres. This week the first purpose-built VCAT building was opened in Oakleigh by the Attorney General, the Hon. Jill Hennessy MP. The facility includes the first Koori hearing room and includes technology to support the presentation of digital evidence, video conferencing and remote witness facilities. It will make a great difference to the speed and efficiency with which VCAT proceedings are heard. Bar Councillor Elizabeth Ruddle, who represented the Bar at the opening, returned full of enthusiasm for the new facilities.

 

Have you thought of offering agreement stress-testing to your clients?

Aaron Mentha, former in-house counsel at Melbourne University and now executive legal counsel at Lawyers on Demand, was a guest on the panel chaired by Melissa Marcus for our first Victorian Bar / Association of Corporate Counsel CPD seminar of 2020, concerning the Bega/Kraft peanut butter IP dispute. One of the great suggestions that Aaron made, in response to how to avoid disputes when companies go through acquisitions, restructures, divestments or other large transactions, was to get dispute lawyers (that would be us!) to role-play the contractual counterparty or relevant competitor. This would stress-test the contractual and business arrangements during the drafting stage in order to iron out issues that may potentially fall into dispute. As barristers, we are uniquely placed to offer a perspective on how weaknesses in the drafting could translate into disputes, how the other side might exploit them to build a case, and how the risks might be mitigated. It is not hard to see how this would be a good practice to suggest to your clients in any number of transactions.

With more than 40 in-house counsel in the room, the seminar was a great opportunity to demonstrate the versatility of the Bar and our ability to step away from the minutia of a case and consider the more general lessons that can help in-house counsel deal with complex issues.

 

Appointments and welcomes

Friends and colleagues at the Bar have been delighted to hear of a number of appointments to the Bench from our Bar, most recently Her Honour Judge Frances Dalziel, whose appointment as a judge of the County Court commenced today.  Please see the notice below for information about forthcoming welcome ceremonies.

This week, there were some very touching and funny speeches by Sean Cash, who represented the Bar at the welcome for his former reader Magistrate Hayley Bate, and by Nicholas Andreou and Tim Greenway, who represented the Bar in verse at the welcome for their friend and former colleague Magistrate Justin Foster.  

Yesterday, I represented the Bar at the welcome for Associate Justice Hetyey in the Supreme Court of Victoria.  The speech can be found here.

 

ABA conference

Finally, a reminder about the Australian Bar Association / Bar Association of Queensland conference which will take place in Brisbane from 5 to 7 March 2020.  It is not too late to register for what promises to be an excellent event, boasting a large array of expert speakers across a diverse range of topics. 

Vicbar News & Events
Forthcoming Welcomes

County Court

The profession will extend a welcome for Her Honour Judge Fran Dalziel at a ceremonial sitting of the County Court on Thursday 5 March 2020 at 9:15am in Court 3-3 of the County Court of Victoria.

 

Magistrates’ Court

The profession will extend a welcome for His Honour Magistrate Michael Richards at a ceremonial sitting of the Magistrates’ Court on Thursday 5 March 2020 at 9:00am in Court 1 of the Magistrates’ Court of Victoria.

Details of the welcome ceremonies for Her Honour Magistrate Elizabeth Langdon and Her Honour Magistrate Kristen Rose will be made available when they are known.

Criminal Bar CPD Conference

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.

VicBar Life
Member Benefits Australia - February exclusive member offers

Don't miss out on these exclusive member deals for February with some great offers and gift ideas.

International Women's Day at the Essoign Club

Friday the 6th of March at the Essoign Club we celebrate International Women’s Day from 4.30pm with drink specials all evening.

An opportunity to unite, celebrate, network and honour a rich history of achievements.

See attached flyer for details.

Steve Myall Award Inaugural Dinner

Steve Myall 17/6/58- 14/3/18

Steve Myall was a well loved and well respected serving Magistrate at the time of his unfortunate death on 14 March 2018.

Both during his time on the bench and his many years as a legal practitioner, he was passionate advocate for social justice.

His contribution to the judiciary, the legal profession and the community was as extensive as it was outstanding.

 

The Victorian Magistrates Association and the Law Institute of Victoria have determined to recognise Steve’s work on prison and sentence reform issues with an award bearing his name.

The inaugural award will be celebrated with a dinner and award presentation.

 

Steve Myall Award Inaugural Dinner            

Date                    Wednesday 15th April 2020 6pm

Location             RACV City Club 501 Bourke St Melbourne

MC                        Paul Grant

Guest Speaker  The Hon Michael Kirby AO CMG

Click here to register.

 

The award is a monetary amount awarded annually to a person who, has by their efforts, have demonstrated an ongoing commitment to social justice issues in particular, prison and sentence reform being an issue very close to Steve’s heart.

The purpose of the award  to recognise, reward and thereby encourage the work and achievements of the recipient and others and inspire them to continue this important work

Criteria for selection

Demonstrated outstanding commitment to and an advocate for the aims of the award

Award Administration

The award will be administered by the LIV and a committee comprising a nominee from the LIV Criminal Law Section and the VMA

The principal purpose of the committee is to call for nominations and to review and select the winner.

Contributions: Initial Contributions have already been pledged from the VMA and the Australian Association of Magistrates.

Contributions/donations to the award fund can be made via the LIV

Name: Wellbeing And The Law Foundation

BSB: 033002

Account No: 737269

Description Steve Myall Award

Law books for sale

The Honourable Justice Kevin Bell AM QC is selling several law reports. Please click here to view the list of items for sale.

Please contact Justice Bell's associate, Stephen O'Connell on Stephen.oconnell@supcourt.vic.gov.au if you are interested.

BottledSnail Productions - Auditions

BottledSnail Productions is pleased to announce auditions for its new production Appearing for Themselves which will run during Law Week from 21 to 23 May at the Butterfly Club.

This is a unique production designed specifically with inexperienced singers in mind. Lack of experience is no obstacle - it’s a prerequisite!

For more information and to register your interest, visit the audition registration form.

Please contact Kylie.Weston-Scheuber@bottledsnail.com if you have any questions.

Batten Disease Support and Research Association Fundraiser

Many of you will have heard of how Ant Strahan and his wife Kate Beattie (both of our Bar) left Melbourne for Rome in 2016 seeking treatment for their then-3-year-old son, Tom, who had been diagnosed with late infantile Batten disease (CLN2). Batten disease is a serious neurological disorder, and at the time there was no treatment available in Australia.  Their efforts were successful. Tom improved dramatically and they were ultimately able to arrange for Tom’s treatment back in Australia.  On their return Kate became the honorary President of the Batten Disease Support and Research Association (BDSRA).  Under Kate’s stewardship, the BDSRA played an important role in a campaign to make Tom’s treatment generally available, and today all Australian children newly diagnosed with CLN2 Batten disease receive world-leading, highly effective treatment at home.

You can read more about the Strahan family’s story and the improved treatment of Batten disease in Australia here: https://www.abc.net.au/news/2018-07-08/batten-disease-life-changing-drug-gives-hope-for-children/9951500.

The BDSRA is on a fundraising drive. Please consider buying a raffle ticket to support children with Batten disease, and the important work of the BDSRA here: https://www.asxrcfau.com/console/rafflepages/2.

Alternatively you can make a donation here: https://www.givenow.com.au/battendiseasesupport.

Practice & Profession News
New Notice to the Profession and application form

Please be advised that the Chief Justice of the Supreme Court has authorised the issue of a new Notice to the Profession dealing with the application by parties to stream criminal proceedings in the Trial Division of the Supreme Court. There is also a new application form (Form 6-1D) that can be downloaded from the Supreme Court website.

 

Notice to the Profession – Application by a Party to Stream Criminal Proceedings in the Trial Division

https://www.supremecourt.vic.gov.au/law-and-practice/practice-notes/notice-to-the-profession-application-to-stream-criminal-proceedings

 

Form 6-1D Application by a party to stream Court proceedings

https://www.supremecourt.vic.gov.au/forms-fees-and-services/forms/form-6-1d-application-by-a-party-to-stream-court-proceedings

JCV Sentencing Manual Update

The Judicial College of Victoria has made a major upgrade to the user experience of its Victorian Sentencing Manual

It now works better on phones, iPads, Surface Pros, and other tablet devices. Upgraded functionality includes:

  • Control over the table of contents on phone and tablet 
  • Easily download a PDF version
  • Higher levels of magnification without compromising the table of contents

The Manual is best used on Google Chrome or Microsoft Edge. There may be difficulties with load speeds on other browsers.

If you have any feedback about the Manual, please let the College know.

Uniform Law Consultation Paper

The Legal Services Council (the LSC) is undertaking a consultation with the profession with respect to proposed amendments to the Legal Profession Uniform Law (LPUL).

The LSC have released a consultation paper setting out 36 recommendations relating to amendments to the LPUL.

Submissions on any or all of the recommendations can be sent to submissions@legalservicescouncil.org.au on or before 28 February 2020, and will be published unless the LSC is otherwise advised.

Profession CPD & Events
2020 BAQ ABA Conference

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.

View the program

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.

Cyngler Consulting - National Mediator Accreditation Course

Would you like to become a Nationally Accredited Mediator? Our Melbourne March National Mediator Accreditation Course is just around the corner.

When: Monday to Wednesday.
March 16,17,18 and 23,24,25.
Cost:  $3950


Here is what past students have said about the course.

If you have been thinking about gaining your National Mediation Accreditation but are unsure if this training is suitable for you, please visit Cyngler Consulting for more information. This training will also benefit those who have been previously accredited and wish to refresh their skills and for anyone dealing with conflict.

La Trobe Law School seminar - Lessons of Regional Emissions Trading Pilots for the Chinese National ETS

Presenter: Dr Steve Geroe

Time/Date: 11am-12noon on Wednesday 25 March 2020

Venue: Room SS232 (Moot Court), Level 2, Social Sciences Building, Bundoora Campus, La Trobe University

Click here for registration and further details.

Resolve at Work Early Bird Offer

Ever wondered what causes workplace conflict?

Or wanted to know more about the psychology of participants' mindsets in mediation?

Do you want to reflect on best practice in workplace mediation with your peers?

Do you want to practice the art of the intake session with role plays with coaches?

If so, please join Elizabeth Rosa, Nationally Accredited Mediator for her workshops in Sydney and Melbourne in March 2020.

In Melbourne, Suzi Jotwani, Nationally Accredited Mediator and Workplace Consultant will address us on causes of conflict in the workplace, and Stewart McMullen, Nationally Accredited Mediator and Psychologist will speak about psychological issues in mediations.

Mediators around the country have enjoyed Elizabeth's workshops. “A fantastic course and the guest speakers added great value. It was so good to have a mix of mediation professionals from different specialty areas to learn different perspectives and insights into situations/practices etc. So glad I attended!” Nicole Yeates Nationally Accredited Mediator

Sydney | 16 and 17 March 2020 | 

Melbourne | 26 and 27 March 2020 | Early bird 26 February

Perth 6 and 7 July 2020 and Possibly Brisbane November 2020

https://www.resolveatwork.com.au/events

A discount is available to Victorian Bar members: RESOLVE5

HAL International Conference - Rhodes, Greece – 5-10 July 2020 – REGISTER NOW

Hellenic Australian Lawyers (HAL) Association – Sheraton Rhodes Resort, Greece:  5-10 July 2020. 

HAL is hosting its second International Legal Conference on “Themes in Democracy – Liberty, Justice and Human Rights”.  HAL is privileged to have the Hon Justice Stephen Gageler AC as the keynote speaker.  In addition, HAL is also honoured to have several Chief Justices from Australian superior courts, as well as confirmed overseas speakers, Baroness Helena Kennedy QC, Lord Ken Macdonald QC and the Hon Justice Kevin Zervos from the Court of Appeal of Hong Kong.  The President of the Supreme Civil and Criminal Court of Greece, Iosif Tsalaganidis will be participating in a panel discussion at the Conference.

Those wishing to attend are encouraged to register without delay to avoid missing out as the number of places available is limited.  A number of optional tours, which are different to the 2018 Conference tours, are included in the registration fee, and have been organised for delegates and accompanying persons.  Family members are welcome to attend the tours at a nominal charge.  Further details are available at www.hal.asn.au/rhodes2020/ 

REGISTER HERE

4th IATC Conference - POSTPONED

The International Advocacy Training Council has informed the Bar that, with some reluctance, due to public health considerations, they have decided to postpone the IATC Conference by a year.

At this stage, IATC is planning to hold the conference on  29 and 30 March 2021, which is the weekend before Easter and immediately after the HK Sevens Tournament in 2021.  IATC will confirm the dates in due course.

IATC has conveyed its apologies for the short notice and any inconvenience that may have been caused. 

Careers & Opportunities
Department of Justice and Community Safety Opportunities

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.

VCAT Panel Mediators
  • Serve the community by resolving disputes in the largest Tribunal in Australia.
     
  • Be appointed as a VCAT Panel Mediator to conduct VCAT mediations in the Building and Property, Human Rights, Owners Corporations or Civil Claims Lists.
     
  • 5 Year appointment, flexible working, predominantly Melbourne CBD location with some regional travel.

The Victorian Civil and Administrative Tribunal (VCAT) hears and determines civil and administrative legal cases. Established in 1998, it is the largest tribunal in Australia. VCAT finalises more than 86,000 cases a year at over 46 venues across Victoria. VCAT serves the community by resolving disputes and making decisions in a timely, cost effective and efficient way.

VCAT is seeking to appoint independent contract mediators to their panel. Depending on your qualifications and expertise, you will conduct mediations from four of VCAT’s jurisdictions:

  • Building and Property List
  • Human Rights List
  • Owners Corporations List
  • Civil Claims List

VCAT Panel Mediators are appointed by the VCAT President and have the same protection and immunity as a member of the tribunal, when conducting VCAT mediations.

On average, panel mediators will be allocated one mediation per calendar month, with opportunities to mediate on a more frequent basis if individual availability and workload permits.

Panel Mediators are currently paid at a rate of $1,217.00 per day or $608.50 per half day.

To apply, you must be accredited as a mediator in accordance with the National Mediation Accreditation System and have a minimum of 5 years professional, commercial, industry or public sector experience. Aside from Building Consultant Mediators, you must hold a tertiary legal qualification to mediate disputes.

For a candidate information pack, please contact the consultant assisting VCAT, Trish Mullen by emailing tmullen@sladegroup.com.au or by calling 03 9235 5120 for a confidential discussion.

Deadline for the next issue:5pm, 5th March 2020