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In Brief Issue #974
31Jul
The new remote reality
We speak a lot about the collegiality of the Victorian Bar – working together, in normal times closely, in chambers means that experiences can be readily shared, knowledge and advice easily sought, and work opportunities actively pursued. The COVID pandemic has put paid to physical collegiality – but most of the networks and programs at the Bar continue to operate. Indeed, since 1 April, VicBar’s education and events team have organised 47 separate CPDs and events, which 3,445 participants have attended. These have included regular substantive law CPDs, together with technology training, online advocacy workshops and our series of webinars where legal leaders join us In Conversation at the VicBar. And there is a lot more happening.
Congratulations to the junior barristers accepted into the VLA Trial Counsel Development Program
The Trial Counsel Development Program, a joint initiative of the Victoria Legal Aid and the Victoria Bar since 2011, has announced its 2020/21 cohort of junior barristers. Congratulations to Rose Cameron, Julie Buxton, Chris Edwards, Katarina Ljubicic, Jessica Willard, Hugo Moodie, Carly Lloyd, Emma Strugnell, William Blake, Felicity Fox and Ashleigh Harrold.
The program identifies junior counsel who are on the cusp of beginning criminal trial careers, supports them with training and development, and pairs them with experienced leaders in two initial trials. We’re grateful for VLA’s commitment to the development of junior practitioners, so that future generations of VLA clients have a wide selection of counsel to run efficient and effective criminal trials. It’s one of those formal programs that help entrench the networks that support the Bar’s collegiality, and I thank the senior counsel who participate in the program and share their experience and knowledge with the next generation of barristers. More information about the program can be found on the VLA Chambers website here.
Not so slack
In the current circumstances, work opportunities for many new barristers have been few and far between. To address this, the New Barristers’ Committee has introduced a new platform for senior barristers to advertise work opportunities to their new colleagues. The New Barristers’ Slack channel is a virtual bulletin board and we hope that it’s embraced by members as a way to efficiently and effectively locate the right new barrister to assist with a case. More information is in the notice section below, and I’d like to thank John Leung and the New Barristers’ Committee for developing this innovative resource.
Mask up and stay safe
With this week’s COVID-19 numbers looking quite grim and testing becoming more prevalent, it is remarkable how quickly our perceptions change – two weeks’ ago sporting a face mask was still rare and wearers attracted odd looks – but now those without one stick out like a sore thumb. Equally, passing a piece of paper, picking up a book, or touching anything that someone else has touched now seems somewhat irresponsible.
Even though it seems like a hard slog, the simple actions, like staying home, washing your hands, wearing face coverings, minimising the time you spend in enclosed spaces with non-family members, and adhering to public health measures are the essential steps we each need to take to keep everyone safe. None of these actions may seem significant or noteworthy, but the sum of these hold the virus at bay.
We know that challenges persist in the Courts, and we have had a letter from Her Honour Judge Lisa Hannan, Chief Magistrate, responding to concerns that we raised on behalf of members about the difficulty of adhering to safety measures in Court. The Chief Magistrate is in the process of finalising a new Practice Direction which will mandate that certain civil hearings proceed via the Online Magistrates’ Court. VicBar will share this direction with members when it is published. The Court is also working on a project for an e-portal for lodging documents.
Finally, if you’re looking for a way to stave off cabin fever during the weekend, then check out this article in Timeout which suggests fifteen humorous ways to recreate Melbourne’s iconic outdoor experiences, from the National Gallery to Hardware Lane, in your own home… or standing in the cold outside.
In the current circumstances, many of the usual ways in which barristers interact with each other have been greatly restricted or even made impossible. One of the effects of this is that work opportunities have not been able to flow to new barristers in the same way as previously.
To that end, the New Barristers’ Committee (NBC) is instituting a system for the advertising of work opportunities by barristers to new barristers. These advertisements will be placed on the New Barristers’ Slack channel - a virtual bulletin board accessible to new barristers. The referring barrister will be contacted directly by the new barrister(s) responding to the advertisement.
If you would like to advertise a work opportunity to new barristers, please contact Tim Glass of the NBC at tim.glass@vicbar.com.au and provide the following information:
- A summary of the work to be done
- The area of law the work relates to
- The expected scope and time requirements of the work to be done
- The expected fee structure for the work, and
- Your contact details.
The NBC will not make any recommendations to the referring barrister as to appropriate counsel for the work opportunity, nor will the NBC make any recommendation to new barristers as to appropriate work opportunities, aside from advertising the work opportunity on the NBC Slack Channel.
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.
- Become “eBrief Ready” is on Monday 3 August 2020, 5:00 – 6:00pm and will feature a demonstration of how the online platform - eBrief Ready - can help you receive and share digital briefs, quickly annotate and search documents, and automatically compile, index and number professional, user-friendly court books. Click here to register.
- Sex offenders – diagnosis, risk assessments and treatment is on Tuesday 4 August 2020, 4:00 – 5:00pm and the session will focus on the diagnosis and treatment of sexual offenders. Click here to register.
- A guide to recent significant changes in Commonwealth sentencing is on Wednesday 10 August 2020, 4:00 – 5:00pm. The webinar will cover some significant recent changes to Commonwealth sentencing, in particular, changes to parole, the general factors to be considered in sentencing, the vulnerable witness provisions and sentencing options for intellectually disabled offenders. Click here to register.
For more upcoming CPD events, please visit our listings here.
We understand that members are worried about the risks of COVID-19. Please see the new section on our member website designed to answer some questions you may have, point you to government information websites, and let you know what VicBar and BCL are doing to assist members.
The wearing of face coverings outside of home is mandatory in the Melbourne metropolitan area. This will be also become mandatory across regional Victoria from Sunday 2 August 2020 at 11:59pm.
Further information on wearing face masks can be found on the DHHS website.
Current government advice is that if you can work from home, then you must work from home. We understand that for some members it is impossible to work from home – because of family considerations or not having the appropriate infrastructure, a quiet place to work, or viable bandwidth. Of course, in these cases, it may be necessary to come to chambers. If you are coming to chambers because you have IT difficulties, please contact your home internet provider or BCL service desk on 9225 8888 or via email.
If any of the following circumstances apply to you, please email VicBar to let us know:
- If you are feeling unwell and have been sent for testing
- If you have been tested for COVID-19
- If you have been in contact with person who tested positive to COVID-19, or
- If you have tested positive for COVID-19.
Please minimise the time you spend in small or enclosed spaces with those who are not part of your household.
VCAT Update: COVID-19 digital response program go-live
VCAT's Planning and Environment Division (PED) is delivering on its commitment to government by getting VCAT moving remotely during the COVID-19 pandemic. From 27 July 2020, VCAT is offering the Victorian community:
- the ability to file new applications in PED via smart forms to be managed as digital case files, and
- some hearings will be conducted on an alternative bespoke virtual hearing platform, Immediation, specifically procured as part of the program.
More information about the solutions and this program of work is available on VCAT’s new website.
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.
Cyber Security Awareness: What you need to do to keep your practice safe
In these current uncertain times, the increased use of video conferencing, reliance on email, the use of home internet services, SMS’s from our governments, and the sudden shift into paperless practices all make it easier to fall victim to a costly scam.
In recent months we are aware of successful scams within the community, leading to significant financial and operations impact. There are some simple things you can do to help protect your practice:
- Using BCL corporate-grade technology and network services (Internet & email) provides you with a managed enterprise environment with corporate-grade security platforms and sophisticated network practices.
- SMS verification for passwords is NOW available. To enhance the security of barrister passwords, we have introduced SMS verification for password resets. Login to http://id.vicbar.com.au, select the “Profile” tab and click “Edit” to enter your mobile number. All password reset requests will now require this information.
- Always check the “From” address in emails, particularly those from external parties. A difference in the Senders name compared to the From address is a clear indication of a scam email.
- Look for suspicious characteristics in an email such as unprofessional emails with typos and spelling mistakes, or requests for ‘click here’, pay now, requests for funds, bank account details or an unnecessary sense of urgency.
- Always use an up to date and valid anti-virus product and backup your data as outlined in the Victorian Bar Technology Minimum Standards.
- If you are ever unsure, DO NOT open it and contact the BCL Service Desk.
- Improve your cyber security awareness by taking a short 5-minute quiz provided by the Australian Government here.
The Essoign Club is open daily from 7:00am for takeaway and delivery only while COVID-19 restrictions are in place.
Lunch can be Pre Ordered for 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.
In addition we have coffee, juices, soft drinks, beer or wine.
The Essoign would like to thank you for your ongoing support during this time and look forward to having you all back in the club to continue sharing stories, laughs and giving support to all fellow members.
Please continue to support the Club by renewing your Essoign Club Membership.
Email essoign@vicbar.com.au if you have any questions or special requests.
Don't miss out on these exclusive member deals for July with some great offers and gift ideas.
Term 3 choir commenced Wednesday 15 July 2020 for ten weeks. More details about the choir zoom meetings may be found here. Please complete this payment form to enrol.
The third edition of the Federal Sentencing Guide is now available. Thanks to Desmond Lane of the Victorian Bar for preparing the revisions.
This edition contains updates to a number of chapters and reflects the law as at 1 June 2020, although it also incorporates some additional amendments to Part 1B of the Crimes Act 1914 brought about by the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 which received Royal Assent on 22 June 2020. A full list of what is new is contained in the first section of the Guide.
It is anticipated that a further edition will follow in the coming months.
You can access the Guide here. You will need to have a user account with CDPP to access this resource.
Justice Connect is launching the second iteration of ‘Dear Landlord’ - a self-help tool that can identify what actions Victorian renters can take and provide the necessary resources and information to help them avoid eviction.
Dear Landlord first asks a series of questions and, based on the answers it receives:
- Empowers renters to generate tailored letters to their landlords/real estate agents to negotiate a rent reduction
- Generates rent reduction agreements to lodge with CAV
- Provides renters with information on the process of changing or ending rent reduction agreements or Dispute Resolution Orders
- Helps renters to navigate VCAT proceedings, including generating VCAT review applications for renters who have missed VCAT hearings
- Provides renters with information on ending leases, and
- Provides referrals to renters for specialised legal and financial help.
For more information about Dear Landlord, visit the website here.
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.
As part of the International Bar Association’s continuing outreach to the global legal community, over the last few months the IBA has facilitated over 50 webinars, covering multiple practice areas and highly topical content.
The International Bar Association invites you to attend its series of forthcoming on-demand free webinars.
The webinar series is designed to provide updates on international developments in a range of practice areas such as tax, energy and anti-trusts from leading global practitioners. There is also a stream of webinars from the IBA Law Firm Management Committee that has been extremely popular with leading law firms and consultants, helping firms navigate the issues facing them in the current COVID-19 crisis.
More information on this series of webinars is available on the IBA website here.
Please join VCAT for a webinar on Tuesday 4 August 2020 at 4:30–6:00pm, featuring a panel who will discuss how VCAT, and more particularly the Property and Building List, have responded to the COVID-19 pandemic. Panel members include:
- The Honourable Justice Quigley, VCAT President
- Deputy President Aird, Head of Civil Division and BPL, VCAT
- Senior Member Farrelly, Deputy Head of BPL, VCAT
- Senior Member Riegler, Deputy Head of BPL, VCAT, and
- Senior Member Kirton, BPL, VCAT (Webinar moderator).
The webinar will provide an update on how BPL have managed the backlog arising from adjourned listings and new applications, telephone and video hearings and the amendments affecting retail and commercial tenancies.
There will also be an opportunity for a moderated Q&A.
To attend this Zoom webinar, please register in advance by clicking here.
After registering, you will receive a confirmation email containing information about how to join the webinar.
Please direct all attendance and registration enquiries to Ryan.Coelho@courts.vic.gov.au.
The Law Library of Victoria invites you to attend our online Switch On… information sessions. These thirty-minute digital sessions are suited to judicial officers, court staff, legal professionals, law students, and anyone with an interest in law.
Publicly available resources provide access to Legislation online, and Librarians from the Law Library of Victoria will show you how you can find Acts and Legislation information. The Law Library of Victoria also subscribes to several resources that can help you locate more information related to Legislation, such as second reading speeches and previous versions of Acts.
The next webinar, Switch On… Legislation Online, is on Thursday 6 August 2020, 1:15 – 1:45pm.
Bookings can be made through Eventbrite here.
Post COVID-19, many workplaces are thinking about how they are going to organise and structure their work practices moving forward. Not since post war time have organisations had such an opportunity to revolutionise the way workplaces conduct their business.
In this WebEx webinar on Thursday 6 August 2020 at 1:30 – 3:00pm, DCA CEO Lisa Annese will talk to Juliet Bourke, Partner, Human Capital at Deloitte Consulting about learnings from COVID-19 and how organisations might look to design better workplaces into the future. This event will investigate:
- what we have learned from the pandemic
- how organisations are incorporating new models of working
- the heightened role flexibility can play, including offering more accessible ways of working
- the future of teams and teamwork, and
- opportunities to increase inclusion in this new working frontier.
Lisa will moderate a discussion with our guest panel, including:
- Dr Manisha Amin, CEO Centre for Centre of Inclusive Design
- Dan Nahum, Economist, Centre for Future Work The Australia Institute
- Yvette Gray, General Manager, People and Culture, APRA, and
- Juliet Bourke, Partner, Human Capital at Deloitte Consulting.
Guest speaker, Juliet Bourke, leads Deloitte Australia's Diversity and Inclusion Consulting practice and co-leads the Leadership practice. She has over 25 years' experience in human capital, management and law. Juliet works with executives and global organisations to improve workplace performance through cultural change, focusing on D&I, leadership and culture.
To attend this webinar, you’ll need to be a member of Diversity Council Australia. To become a member, please register here and we will forward you the login instructions. You will need to use your VicBar email address. Current members of DCA can register for the webinar here.
In 2019, the Australian Law Reform Commission undertook research and broad public consultation to address the future of law reform.
Join expert panels including judges, legal scholars and industry leaders in a series of online conversations to unpack some of the key areas identified by the ALRC, including defamation, automated decision making, legal structures for social enterprises and press freedom. The Future of Law Reform: A Suggested Program of Work 2020-25 report is available here.
These interactive webinars present an opportunity to elicit new perspectives and ideas, enabling individuals with diverse views to contribute to potential law reform. You can view the leaflet here.
You can register to attend these webinars here.
Upcoming webinars:
- Automated Decision Making and Administrative Law on Monday 10 August 2020, 1:00-2:00pm. Join an expert panel comprising thought leaders on automated decision making and administrative law addressing questions such as: Should administrative law reform be a priority in light of increasing automation in decision making by government agencies? What are the particular problems that any future law reform inquiry should seek to solve? What benefits might be expected from reform? Register here.
- Legal Structure for Social Enterprises on Monday 17 August 2020, 1:00-2:00pm. Social enterprises are businesses that seek to make a profit while also pursuing social and/or environmental goals. Join an expert panel comprising thought leaders on social enterprise addressing questions such as: Should an inquiry into legal structures for social enterprises be a priority? What are the particular problems that any future law reform inquiry should seek to solve? What benefits might be expected from any future reform? Register here.
- Press Freedom on Monday 24 August 2020, 1:00-2:30pm. Join an expert panel comprising thought leaders on press freedom and national security addressing questions such as: Should an inquiry into press freedom be a priority? What are the particular problems that any future law reform inquiry should seek to solve? What benefits might be expected from any future reform? Register here.
Monash University is offering the following upcoming free webinars:
- 2020 Lucinda Lecture: Whither the Implied Freedom of Political Communication?
Monash Law is honoured to present the 2020 Lucinda Lecture, to be delivered by The Hon Justice Geoffrey Nettle AC, High Court of Australia. The topic will be Whither the Implied Freedom of Political Communication? The free webinar is scheduled for Thursday 27 August 2020, 6:00 – 7:00 PM. The flyer for this webinar is here. You can register to attend this webinar here.
- The Role & Effectiveness of ASIC v the SEC
This free Zoom webinar hosted by the Centre for Commercial Law and Regulatory Studies on Monday 31 August 2020, 4:30 – 5:45pm, The session will compare ASIC with the world’s biggest capital market regulator, the SEC. Does ASIC Stack up? By comparing ASIC with the world’s biggest capital market regulator, the SEC, this session analyses the viability of further reform of ASIC, and argues that ASIC is woefully under-resourced to engage in increased enforcement action. You can register to attend this webinar here.
LAWASIA is excited to announce the upcoming LAWASIA 2020 Conference Online. For the first time in LAWASIA's 54-year history, its flagship event is heading online and is specifically designed to provide its members with a platform for continued collaboration and the cross-jurisdictional sharing of information despite the current challenges.
This Annual Conference webinar series - featuring a distinguished lineup of panellists from across the region and beyond - will be free to attend, serving as an essential online forum for sharing ideas, reinforcing shared professional values, and advancing the status of the legal profession in the Asia Pacific region.
The series will run over five consecutive weeks, every Tuesday and Thursday, from 10 September to 8 October 2020 (none webinars in total).
Registration is complimentary and all LAWASIA members, friends and supporters are encouraged to attend one, or all of the webinars on offer. Registrations will open soon; in the meantime, you can register your interest via email.
LAWASIA President Mr Chunghwan Choi has invited President of the Victorian Bar, Wendy Harris QC, to recommend speakers from among members of the Bar by 3 August 2020. If you wish to be nominated, please email Executive Assistant to the President and Bar Council, Denise Bennett here.
LAWASIA looks forward to seeing you online soon!
The Melbourne Uni Law Students’ Society (MULSS) is looking for judges for their Open Witness Examination Competition.
The quarter-final is on 4 August 2020 and requires two judges to judge two trials each, from 6:30pm to 7:45pm, and 7:45pm to 8:45pm.
The judge’s guide is available to read here and a booklet explaining the rules of the competition is available to read here.
If you are interested, please email us your name and mobile number. We will pass your details to MULSS.
Senior Crown Prosecutor and Crown Prosecutor
Legal practitioners with experience in criminal law and advocacy, and a passion for the administration of justice, are invited to apply for Senior Crown Prosecutor and Crown Prosecutor positions.
This is an exciting opportunity for suitably qualified and experienced barristers to undertake and support criminal prosecutions on behalf of the Victorian community.
Working within the Crown Prosecutors' Chambers is an opportunity to advance your career and be at the forefront of the move to sophisticated technology changes within criminal law, including e-trials.
The successful applicant/s will prosecute and advise on serious crimes, appear in a wide range of matters in all criminal jurisdictions, including regional courts.
To submit your expression of interest, please click the ‘apply now' button on the website and provide your current CV and cover letter.
Applications close 11:59pm Sunday 2 August 2020.
County Court Chief Judge Peter Kidd seeks expressions of interest from suitably qualified persons for appointment as a Judicial Registrar of the County Court.
The successful candidate(s) will be assigned to the County Court’s Commercial Division. This Division is responsible for the management and hearing of a wide range of often complex commercial disputes, including general commercial matters, building disputes and banking and finance disputes. The Court has an unlimited monetary jurisdiction in commercial matters.
The Commercial Division is an efficient jurisdiction for the resolution of commercial disputes in Victoria, with most cases listed for trial within six months of being issued.
Judicial Registrars play an important role in the case management of proceedings in the Commercial Division, including conducting directions hearings; making interlocutory determinations on the papers; making consent orders; hearing trial assessments; reforming Court procedures; and working collaboratively with the Commercial Registry to ensure efficient and effective systems of work. A significant part of the role is also conducting judicial resolution conferences (judicial mediations). Experience and interest in commercial litigation, interlocutory and trial procedures and mediation will be highly valued.
Judicial Registrars are assigned duties by the Chief Judge pursuant to the County Court Act 1958. They are appointed by the Governor-in-Council on the recommendation of the Attorney-General. The position is located in Melbourne. The position is full-time, however appointments on a part-time or work-share basis will be considered.
The successful candidate(s) will be legally qualified (admitted for not less than five years) and have extensive experience in the practice of commercial law as well as an in-depth demonstrated understanding of court processes and procedures. They will also possess superior oral and written communication skills and an ability to make timely decisions according to the law.
Expressions of interest, to be marked ‘Private and Confidential’, should include a resume as well as details of appropriate professional and personal referees. They should be emailed to Claire Findlay, Senior Associate to the Judge in Charge of the Commercial Division at claire.findlay@courts.vic.gov.au .
All expressions of interest must be received by no later than close of business on Friday 31 July 2020. Any queries should be directed to Ms Findlay on (03) 8636 6749.
You can download the flyer here.
Short-listed candidates will be contacted mid-August 2020.
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, 6th August 2020