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In Brief Issue #966
5Jun
What success looks like
No doubt, you have all heard of the iceberg illusion. Icebergs can appear smaller than their actual size because they have two parts: the top is visible above the ocean’s surface with the larger part hidden below. The iceberg illusion is also commonly used as a metaphor to describe the real nature of success. An achievement is visible to all, but the successful outcome masks the real work behind the scenes – the planning, hard work, dedication and perseverance it took to get there. In other words, we see a degree, but not the countless assignments; we see the gold medal, but not the hours of training; we see the court win, but not the late nights preparing and crafting strong legal arguments.
The hidden part of the success iceberg can also be made up of other qualities like persistence, taking the time to learn different skills and overcoming self-doubt. These are qualities that Daye Gang, winner of the Barrister category in the 2020 Lawyer’s Weekly 30 Under 30 Awards, credits with helping her forge her career. Daye is the first to admit that her journey wasn’t perfect; she followed dead-ends and made mistakes. Interestingly, these tangents often led Daye to better opportunities she had not considered. Along this journey, Daye benefitted from, and is grateful for, the support she received from family and several remarkable mentors within the legal profession, especially during her tenure as a Judge’s Associate and Barrister at the Victorian Bar. Daye’s success is a great example of how people from diverse backgrounds can overcome obstacles and forge a strong career at the Bar and is also a timely reminder that we remain committed to inclusion and diversity within our college. I would like to congratulate Daye on this well-deserved award and I am sure she will be an inspiration to others. You can view Daye’s win at 2:00:55 in the Awards replay here.
Daye’s story illustrates that obstacles often present surprising benefits and opportunities. This sentiment was echoed by the Honourable Justice Michelle Quigley, President of VCAT, in the fifth instalment of the Victorian Bar’s “In Conversation” webinar series on Wednesday with Barrister and Bar Council member Emily Porter. Justice Quigley noted that an “unexpected upside” to the Tribunal’s response to the COVID-19 pandemic was that the changes initially required to deal with government-imposed restrictions actually introduced much-needed efficiencies. I am pleased that this webinar has received great feedback and praise from participants – for example, the member who commented on the refreshing honesty about the limitations on what can realistically be achieved. I encourage you to listen to this webinar, as it also includes Justice Quigley’s thoughts on the future direction of hearings in the Tribunal, available to view here.
A number of people at the Bar and in the Courts have been hard at work for several months on another project. It initially began as a response to COVID-19, to assist parties to disputes locate nationally accredited mediators who could assist in online mediation, but it has blossomed into a scheme that will have broad application in the future to online and in-person mediation. The ADR Committee and the Family Law Bar Association have worked with the Family Court and Federal Circuit Court on new protocols to expedite mediations in Family Law Property, Commercial Panel and Industrial (Fair Work Division) disputes. I would like to thank Chief Justice Will Alstergren and those at the Court, who have worked with Tony Elder, Glen Pauline, John Hall and Jenny Howe at the Bar on developing these protocols. They can be found on the Victorian Bar’s ADR Appointment Services webpage here. I congratulate those involved on the fruits of a significant amount of hard work, which is another wonderful example of collaboration between the Bar and the Courts.
I wish everyone a good long weekend and hope that you are able to get out and enjoy some activities that have not been possible over the past few months – or, if a weekend in front of the fire is your thing given the forecast, that it is a relaxing and happy few days.
The practising certificate (PC) renewals cycle for 2020/21 has been extended to 30 June 2020 for the renewal of your PC without incurring a surcharge from the Victorian Legal Services Board + Commissioner.
Links for online lodgement of your renewal are available through your member home page here, or you may go directly to LSB Online and login using your Practitioner Number as the username.
Further information on renewing practising certificates can be found on the VicBar website here.
Your PC will not be issued until you have taken out compulsory professional indemnity insurance (PII) with the LPLC. The deadline for renewing your PII premium was 31 May 2020 and if you have not already done so, please renew online here using your Practitioner Number as the username.
Information regarding PII was distributed to members several weeks ago and included notification that you have the option of deferring payment of your premium until 30 November 2020.
Should you require assistance renewing your PC or PII, please email membership@vicbar.com.au or leave a message with Susan Lawrence on 9225 7105 or Daphne Ioannidis on 9225 8326.
Court Security Officers (CSO) have been directed of the following condition with respect to exemptions for legal practitioners from security entrance requirements:
- Legal practitioners will be asked to display their identification card to the CSO at the entry to security screening point of court venues.
- CSOs must not touch the identification card(s).
- The identification must be displayed in such a way that the CSO can be satisfied that the identity of the legal practitioner displaying the identification is the same as the identification card.
- In the event that the legal practitioner is unable to produce an identification card, a hard copy identification letter including a photo of the person will be accepted.
- The CSO may ask the legal practitioner for additional identification (that includes a name and photograph) so the CSO can be satisfied that the identity of the legal practitioner displaying the identification card or identification letter is the same as the identification card or ID Letter (face to ID check).
Court Services Victoria has asked all members who are using the Victorian Bar identity letter to fast-track through court security clearance to please take a printed copy of the letter, and not rely on an electronic version on your phone or device. This is to avoid security staff coming close to individuals and handling phones and devices. Members will be soon issued with Victorian Bar identity cards to facilitate security clearance.
WBA’S AGM will be held on Tuesday 9 June 2020 at 1:00pm via Zoom. A Zoom invitation will be sent to all members.
Attached to this notice are:
At the meeting, members will have the opportunity to:
- discuss WBA activities for the past year
- discuss WBA finances for the past year
- nominate for a committee position
- vote on any resolutions proposed, and
- discuss any general business arising.
At the meeting, members will be asked to vote in respect of the following:
- accept the minutes of the last annual general meeting
- accept the Convener’s annual report
- accept the Treasurer’s annual report and presentation of financial statement from the previous year
- accept other office bearers reports
- election of the following committee positions:
- Convener
- Assistant Conveners (x2)
- Treasurer
- Secretary
- Assistant Secretary, and
- Ordinary members of the Committee.
Please note, copies of the Convener’s annual report, Treasurer’s annual report and minutes, and any other office bearers’ reports will be disseminated by email to WBA members by 4:00pm, Friday 5 June 2020.
If any member wishes to add an item to the agenda for discussion at the AGM, please email Louise Martin (louisejmartin@vicbar.com.au) or Veronica Holt (veronicaholt@vicbar.com.au) by 4:00pm Tuesday 26 May 2020.
The Victorian Bar has been invited to nominate a trustee to the Law Aid Trust, a charitable trust managed by the Law Institute of Victoria and the Victorian Bar to support the funding of civil disbursements in civil litigation matters undertaken by law firms on a pro bono and “no-win, no-fee” basis.
The Bar is calling for Expressions of Interest from members who may wish to contribute as one of the Bar’s nominated Trustees. The appointment will be for a term of two years.
A position description for the role may be viewed here. The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here.
To assist the Bar Council in selecting the best candidate for the position, your Expression of Interest should identify any relevant areas of experience or expertise, including:
- experience or expertise in the matter/claim types referred to in the Position Description
- previous contribution to or involvement with the Trust, and
- contribution as a trustee or in a similar capacity with other bodies.
Please direct any enquiries or Expressions of Interest to Denise Bennett at the Victorian Bar office at denise.bennett@vicbar.com.au.
The closing date for Expressions of Interest is 4:00pm, Wednesday 10 June 2020.
Presented by Dr Peter Condliffe, Dr Elizabeth Brophy and Tony Neal QC, this six-day course is open to barristers and lawyers wishing to become an accredited mediator under the National Mediator Accreditation System.
The course dates are 13, 14, 15 November and 20, 21 & 22 November 2020, 8:30am - 6:00pm.
Book now as limited places are available.
For more information about the course and to register, please click here.
Sally Flynn QC, Chair of the Health & Wellbeing Committee, has had many encouraging responses about floors and practice groups that have organised get-togethers over Zoom and in private Facebook groups, as part of the initiative to remain socially connected and check on the emotional well-being of our colleagues when we are not working from chambers.
The Committee is seeking expressions of interest from barristers interested in setting up a WhatsApp group to connect those barristers who are carers. The group is for barristers who care for elderly or disabled parents or relatives and will allow members to offer each other support by sharing information or resources for various issues, including finding alternative living arrangements or home assistance. Please contact Sally Flynn by email if you’re interested.
Other groups you may wish to join:
- Probate Law Group (contact Eleanor Coates ecoates@vicbar.com.au)
- Bar Mums WhatsApp group (contact Emily Porter eporter@vicbar.com.au)
- Pets of the Victorian Bar (contact Ashleigh Morris a.morris@vicbar.com.au)
- Health & Wellbeing Committee’s private LinkedIn group for barristers - click here or search “VicBar Community” in LinkedIn to join.
- LGBTQ+ People at the Bar (contact John Heard john.heard@vicbar.com.au or Beth Warnock beth.warnock@vicbar.com.au)
We want to make sure no barrister is left behind, so please contact Sally at sallyflynn@vicbar.com.au to let her know what your group is doing, or if you need a hand starting a new group or finding one to join.
To ensure the safety and security of all chambers during this challenging time, BCL Property and Technology Services will update their service delivery as of Friday 17 April 2020 until further notice. For information about this update, please see here or contact the BCL Service Desk on 9225 8888.
The Governor in Council has made the following appointments:
Court of Appeal
The Honourable Justice Michael Sifris
Supreme Court of Victoria
The Honourable Justice Jim Delany
Kathryn Stynes, who will commence as The Honourable Justice Stynes on 22 June 2020.
Details of any welcome ceremonies will be made available when they are known.
The following are highlights of upcoming CPD events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- The Race is on Again: Shareholder versus Stakeholder Primacy - a New Era for Codetermination & Employee Democracy post-COVID? In this seminar, the following issues and proposals for law reform in Australia will be discussed: The shift from advocating shareholder primacy towards a stakeholder or pluralistic model in the US; the radical proposed approach towards “the future of the corporation” in the UK, the proposed top priority on community trust in corporations and the true meaning of “the best interests of the corporation” in Australia, and the renewed interests in employee democracy and codetermination by employees based on lessons learned from the COVID-19 crisis. Register for this seminar here.
- Virtual Hearings Part 3: Using Webex in the Supreme Court. This session will include a demonstration of Webex and will feature the Honourable Justice Jacinta Forbes QC of the Supreme Court of Victoria as well as Sarah Codde, Manager of Digital Litigation Business Transformation at the Supreme Court. Register for this seminar here.
- PEXA – Drafting Property Orders that Work. In this seminar, presenter Megan Tennyson of the PEXA Partner Program will explain what PEXA is, and how it has changed property transactions. What impact does this have on drafting family law property orders? Do s.106A orders work in the PEXA world? These questions and more will be answered. Register for this seminar here.
- On Tuesday 23 June 2020 from 5:00pm to 6:30pm, the Federal Court is hosting a CPD seminar on Cruise Ships, COVID-19 and Consumers. The seminar will include Professor Lewins presenting on the topic ‘COVID19: Claims against Cruise Ships’, anticipating that passengers may well bring claims against operators in Australia and some of the likely issues. Professor Bant will address the topic ‘Cruises: Consumers, Culpability and Consequence’, examining the broader consumer law issues raised by the High Court of Australia’s recent decision in Moore v Scenic Tours Pty Ltd [2020] HCA 17. Please register by Friday 19 June via email to Stefanie Car, Associate to the Hon. Justice Sarah Derrington.
For more upcoming CPD events, please visit our listings here.
Breakfast
Breakfast is served daily from 7:00am to 11:30am – see the menu here. Breakfast is available as dine-in or takeaway.
Lunch – Delivery or Pick-Up
Lunch delivery and pick-up available daily. The minimum order for delivery is only $10. Order via email to essoign@vicbar.com.au. Please have orders in by 11.30am so the team can organise your delivery.
The delivery time is between 12:00pm and 1:30pm - the Club can be flexible with these timings, when possible.
In addition to the menu here, we have coffee, juices, soft drinks, beer or wine.
Lunch – Dine-In
Dine-in lunch is available midday – 4:00 pm – see the menu here.
Bookings via email to essoign@vicbar.com.au by Midday on the day to allow for the maximum capacity.
Walk-ins are welcome!
Currently, regulations allow a maximum capacity of only 20 patrons and six persons per table.
Pizza + Vino Night from 4:00pm
Get a pizza and a glass of wine for $25.
Bookings via email to essoign@vicbar.com.au no later 5:00pm the day before to allow for the maximum capacity.
Private Dinner Party – Tailored Package
Bookings via email to essoign@vicbar.com.au – only two business days’ notice is required to organise your event.
The Essoign would like to thank you for your ongoing support during this time. Please continue to support the Club by renewing your Essoign Club Membership.
Email essoign@vicbar.com.au if you have any questions.
Studio 11 is delighted to host The Mad Old Bag and The Colourist Art Exhibition (18 May 2020 – 26 June 2020). The exhibition features 17 exquisite hand-crafted purses by Amanda Graham and 16 strong, colour abstract paintings by Jason Graham. The Mad Old Bag and The Colourist are sister and brother.
Artists‘ statements and works sheets are found on Level 11 East. Click here for The Colourist price list and here for The Mad Old Bag price list.
You are encouraged to visit the exhibition at your leisure, following the requirements of social distancing at all times.
The works, as always, are worth a look and are for sale. There are red dots about already! All proceeds go directly to the artists. For purchases please email themadoldbag@hotmail.com, or contact Amanda Graham on 0411 885 528 or Laura Colla on 0401 718 908.
Purchases may be collected at the end of the exhibition on 26 June 2020.
Don't miss out on these exclusive member deals for June with some great offers and gift ideas.
The Law Library of Victoria improves access to justice by providing legal information to all eligible Victorian legal practitioners online. Barristers also have access to a range of legal resources on their own computers and devices, via the Digital Bar Library on the Law Library website. You must be a registered user to access this page which provides:
- Guides to improve your research skills (finding information, using research tools and on specific topics)
- Subscriber-only publications and databases, and
- Current and authorised Victorian legislation sets used in Victorian jurisdictions.
All Barristers are eligible to register for access. If you have not already registered, the Library will be in touch with you shortly by email.
The Law Library of Victoria Bulletin is produced fortnightly and summarises the latest legislation and cases for the Victorian jurisdiction, as well as High Court of Australia cases. The bulletin also includes the latest new books added to the Library collection and a selected index of articles from journals received in the Library. To subscribe visit here.
If you are on twitter, follow the library on @lawlibraryvic to be alerted to recent decisions of the Court of Appeal.
The Federal Court, Family Court and Federal Circuit Court will retire the DX mail service on 30 June 2020.
DX mail is a national document exchange service that provides a next day tracked delivery service between some Court locations and stakeholders who subscribe to DX mail.
A review of the service by the Courts has noted a significant decrease in its use by the profession over time. This is attributed to increased functionality and the ability to eFile court documents on the Commonwealth Courts Portal, with over 84% of all documents now received this way.
Please note that from 1 July 2020, the DX service will no longer be available and you will need to correspond with the Courts via electronic means, courier or Australia Post.
On Thursday 11 June 2020 at 8:30am, the Supreme and County Courts of Victoria are hosting a free one-hour online seminar entitled, The dos and don'ts of virtual hearings. A panel of judicial officers and a member of Counsel will discuss their experience with virtual hearings and provide their dos and don’ts, tips and tricks, from putting yourself on mute when not speaking, to cross-examination of “virtual” witnesses.
Participants will have the opportunity to submit questions via a Q & A function.
Places are limited and bookings via Eventbrite are essential. The invitation can be viewed here.
The seminar will be recorded and made available to view on the Court’s website at a later date.
The panel consists of the following:
- Justice Andrew Keogh, Supreme Court
- Judge Arushan Pillay, County Court
- Judicial Registrar Julie Clayton, Supreme Court, and
- Richard Attiwill QC.
LAWASIA has scheduled two free one-hour webinars as part of its Human Rights Webinar Series:
- On Tuesday 9 June 2020 at 5:00pm, LAWASIA will host Government Accountability during COVID-19 which will explore the emergency measures adopted across different LAWASIA jurisdictions, with an emphasis on the citizen's right to know about the spread of the virus, the containment measures adopted and how state power is being exercised. Register for this webinar here.
- On Tuesday 16 June 2020 at 5:00pm, LAWASIA will host Business and Human Rights during COVID-19 which will explore the privacy concerns that arise in the context of these methods, across several LAWASIA jurisdictions. Register for this webinar here.
Due to the COVID-19 pandemic, the Monash Law Students' Society (LSS) will not run the Barrister Shadowing program this year.
However, Matthew Song and Catrina Yao, LSS Careers Officers, would like to cordially invite you to participate in the 2020 Professional Mentoring Program.
This program aims to pair students in the penultimate or final year of their law degree with a legal professional working in the area of law in which they are interested. Ultimately, the aim is for students to gain a real appreciation of the legal industry by developing a relationship with an experienced professional.
We believe that barristers would be the perfect source of guidance and tutelage for current students. The program is an invaluable opportunity for a student to understand the type of work you are involved in, as well as the highlights and challenges of working in courtroom advocacy and litigation.
The level of commitment is flexible and can be determined between you and your mentee. It can involve corresponding over email, phone calls and other digital platforms (such as Zoom or Google Hangouts). If the situation permits, you may choose to have more formal meetings or coffee catch-ups. Furthermore, there may be a planned end-of-program celebration evening in September or October, dependent on the circumstances.
For more information about the program and how to become involved, please refer to the flyer attached.
The COVID-19 pandemic has seen our civil courts and tribunals rapidly shift online. There is an urgent need for evidence about how new approaches involving phone and online hearings are working.
The Australian Centre for Justice Innovation (Monash Law) and the Legal Issues Centre (Otago Law) are keen to hear from practitioners who have participated in remote hearings about their experiences.
You can anonymously share your story at remotejusticestories.org. With your consent, your story can be posted online. You can also choose to participate in an interview. Sharing your experiences will help shape an understanding of the use of remote hearings, including in post-pandemic times.
If you have any queries, please contact A/Prof Genevieve Grant (genevieve.grant@monash.edu).
The Law Institute Journal (LIJ) is encouraging members of the Victorian Bar to make legal feature submissions.
Topics across all practice areas, as well as current legal issues, are considered for publication.
Typically, a legal feature is 2000-2500 words (including endnotes) and all articles are peer-reviewed by subject matter experts. It is a collaborative process shared by the author, LIJ editorial team and reviewer with excellent results. Author guidelines are provided.
Having a feature published in the LIJ is a CPD activity. The article is considered for the Rogers Legal Writing Award and on publication it can be shared on professional platforms.
The LIJ, established in 1927, is the journal of record for the Victorian legal profession. A rich and reliable resource published monthly in print and online, it goes to about 12,000 legal practitioners in Victoria as well as many institutional subscribers including libraries, courts, universities and parliaments in Australia and overseas.
If interested in pursuing this opportunity, please contact Managing Editor Carolyn Ford via email.
An opportunity exists for appointment as Judicial Registrar – Federal Criminal Jurisdiction at the Federal Court of Australia. The position will play a key role in supporting the Senior National Judicial Registrar – Federal Criminal Jurisdiction to implement and manage the ongoing operation of the Court’s expanded corporate crime jurisdiction and the Federal Crime National Practice Area. A position description is available here.
To apply for this position, please click on the “apply now” button on the Federal Court website. To be considered you will need to: enter a statement of claims against the selection criteria, upload an up-to-date resume` and upload relevant qualifications by 11:55pm AEDT on 8 June 2020. For more information, you may contact Andrea Jarratt on (03) 8600 3504.
Entries for the Banking & Financial Services Law Association’s 2020 Research Essay prize are now open.
The BFSLA is the leading professional organisation for banking and financial services law in Australia and New Zealand. The BFSLA’s objectives include the pursuit and dissemination of knowledge of banking and financial services law and practice in Australia and New Zealand, including by encouraging research.
To that end, each year the BFSLA invites citizens and permanent residents of Australia and New Zealand to submit research essays on important matters in banking and financial services law and/or practice (including insolvency) that are currently topical in Australia or New Zealand, in competition for a prize pool. This year’s prize pool is $5,000.
Entries must be submitted by 5:00pm (AEST) on Friday, 31 July 2020. The winner or winners, if any, will be announced by publication on the Association’s website on Friday, 4 September 2020.
More information about the competition is available here, and terms and conditions are available here.
The Australian Academy of Law is pleased to announce its Annual Essay Prize for 2020. The essay topic for the Prize is “The impact of a new and widespread contagious disease on pre-existing contractual obligations.” Note that previous ‘new’ outbreaks of infectious diseases may be taken into account. The Prize amount is $10,000 and the submission deadline is strictly 31 August 2020. Rules for eligibility and submission can be found here.
Deadline for the next issue:5pm, 11th June 2020