In Brief Issue #976

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.

Early Neutral Evaluation (ENE) in the County Court is on Tuesday 1 September 2020 at 5:00 – 6:00pm. ENE is a new alternative dispute resolution mechanism used in the Building Cases List in the County Court. In this seminar, His Honour Judge Edward Woodward, Judge in charge of the Building Cases List, will explain what ENE is, how it works and the benefits it offers amongst the suite of ADR options available to resolve disputes. Click here to register.

Association of Corporate Counsel and VicBar Trivia Night

First, break the boredom of isolation and join Melbourne and Canberra ACC in-house counsel in a virtual battle of your trivia minds on Wednesday 19 August 2020 at 5:00 – 6:00pm, sponsored by CommBar and the Victorian Bar and hosted by barrister Kat Brazenor. ACC members and barristers will placed in small teams, so this is a great opportunity to connect or reconnect with your ACC network and colleagues, meet some new people, and test your general knowledge from the comfort of your own home. Places are limited, so register today and BYO your drink of choice and cheese on the night! This is a free event - register your interest by emailing communications@vicbar.com.au

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.

• Panels will not cancel any appointments that are currently booked during the Stage 4 Restrictions, however, Panels will proceed to book new hybrid appointments where on-site physical assessment can be scheduled after the Stage 4 Restrictions are lifted.

• Insolvency Seminar Series 1: Statutory demands and winding up is on Monday 17 August 2020, 5:15 – 6:15pm is part one in a series of introductory webinars on insolvency intended for the junior barristers. In the first webinar, speakers will share their first-hand experience on applications to set aside statutory demands and applications for winding up, in the Supreme Court of Victoria and the Federal Court of Australia. Click here to register.
   
• Enforcement of minimum entitlements – existing powers and proposed wage theft laws is on Thursday 20 August 2020, 4:30 – 6:00pm and will look at the current enforcement mechanisms under the Fair Work Act 2009 (Cth), with a particular focus on the serious contravention provisions introduced by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth), the proposed operation of the Victorian Wage Theft Act and issues that may arise by reason of the operation of the two regimes. Click here to register.
   
• COVID-19 lockdown law lecture series – The essential rules of evidence: What is ‘evidence’? is on Friday 21 August 2020, 4:00 – 5:00pm and is a part of a series of seminars on the fundamental concepts of evidence relevant to practising criminal law in the courtroom. In the first seminar, Dr Jason Harkess considers the concept of ‘evidence’: What is it? What significance does it have in life? Why is it so fundamental in the courtroom? Click here to register.
   
• Insolvency Seminar Series 2: Voluntary administration is on Monday 24 August 2020, 5:15 – 6:15pm is part two in a series of introductory webinars on insolvency intended for junior barristers. In the second webinar, speakers will give an insight into the voluntary administration regime in Part 5.3A of the Corporations Act. Click here to register.

For more upcoming CPD events, please visit our listings here.

The following documents outline the Australian Bar Association's protocols for barristers to raise any concern about the conduct of judges and members of Commonwealth courts and the AAT:

• Administrative Appeals Tribunal protocols are here, and
• Federal Court and Family Court protocols are 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 following is a summary of updates sent to members in the past week:

Please consult the DHHS website here for the latest government advice on Business and Industry Stage 4 Restrictions as this is an evolving situation. 

JobKeeper extension update

The Federal Treasurer announced changes to the business turnover threshold test for access to JobKeeper payments. The relevant date of employment for eligible employees under the program has changed – from employment at 1 March 2020 now to employment at 1 July 2020. Information on the JobKeeper extension program is here and members who qualify can apply for JobKeeper through the ATO website here.

Court and Tribunal updates

All Victorian Courts and Tribunals, including VCAT, are “Permitted Work Premises” for the purposes of the new Business and Industry Stage 4 Restrictions, and able to remain on-site to hear urgent and priority matters. Court updates included:

• Court Services Victoria (CSV) has implemented a COVIDSafe Plan that demonstrates the measures being taken to minimise the introduction of COVID-19 into Victorian courts and VCAR. A summary of this COVIDSafe Plan is available on the CSV website.

• Under Stage 4 Restrictions, Medical Panels (Panels) will continue to operate and will prioritise urgent matters that have immediate impact on people. This includes termination of weekly payments referrals, County Court of Victoria and Magistrates’ Court of Victoria referrals, liability denial referrals and rejection of surgery referrals. Panels will not cancel any appointments that are currently booked during the Stage 4 Restrictions, however, Panels will proceed to book new hybrid appointments where on-site physical assessment can be scheduled after the Stage 4 Restrictions are lifted.

• A joint statement on behalf of the Victorian Courts and VCAT advising that further changes to court operations have been made in response to Stage 4 Restrictions. The statement provides a summary of how each Court and Tribunal is operating during Stage 4 Restrictions and is available to read here.
• The County Court of Victoria published an updated Commercial Division response to COVID-19 here and updated directions in the Criminal Division here. The Court has also published a new guide providing tips and suggestions for video conferencing etiquette available here.
• The Magistrates’ Court of Victoria has released an update to assist parties to understand the updated arrangements and expectations of the Civil Division of the Magistrates’ Court. This does not apply to Workcover, Family Law, Victims of Crime Assistance Tribunal, Family Violence or Personal Safety Intervention Order proceedings. The update is available to read here. The callover process at the Melbourne Registry to ensure the efficient hearing of remote matters is available to read here.
• All VCAT hearings are conducted remotely via teleconference or online platform. Matters which are currently listed over the next six weeks will continue to be heard. For further information regarding our operations during the pandemic, visit VCAT’s website.
• The Family Court of Australia and Federal Circuit Court of Australia issued new arrangements with regards to accessing subpoenaed material during the Stage 4 Restrictions. These are available to read in the Victorian Bar’s Consolidated Guide to Victorian and Commonwealth Court and Tribunal Responses to COVID-19 here.

VLSB+C advice on NSW matters

The VLSB+C advises that legal practitioners who are currently residing in Victoria and have matters before a NSW Local or District Court are encouraged to contact the Court to seek alternate appearance arrangements or for consideration that the matter be adjourned. Where in-person attendance is required by the Court, it is suggested that an agent in NSW be arranged to appear on the practitioner’s behalf whilst border restrictions are in place. 

Childcare

Permitted Workers accessing childcare

DHHS has clarified that a Permitted Worker Permit is a necessary, but not sufficient condition in itself, for access to independent childcare services. Permitted workers who are still required to attend work on-site, and who don’t have anyone else in the household who can supervise their children, must fill out an addendum to the Permitted Worker Permit. The employee is required to complete the childcare section of the form. You must tick the box indicating you are seeking access to on-site childcare or kindergarten. Eligibility for childcare exists only while the Permitted Worker Permit is valid. These forms are available here.

Childcare where a second carer is in the household

DHHS has also clarified the circumstances in which a Permitted Worker may access childcare despite there being another carer in the household. If there is another carer in the household, Permitted Workers can still access on-site childcare if the other parent/carer cannot supervise children. This could be for a number of reasons, for example, their partner or co-parent:

• has a medical condition, or chronic illness which prevents them from caring for the child
• has a disability
• is completing full time study and must attend on-site, or
• works from home, but in a role that means they cannot supervise the children –
   resulting in the Permitted Worker not being able to do their job.

Both carers do not have to be Permitted Workers to access childcare, but DHHS is asking that Victorians only access childcare and kindergarten services if they must.

To access the updates relating to COVID-19 that VicBar has sent members, 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)
• Victorian Bar Nationally Accredited Mediators private LinkedIn group for barristers who are nationally accredited mediators – click here to join.

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.

If you want an easy, secure way to receive and work on your briefs electronically, then you should watch the recent Victorian Bar CPD session co-hosted with Martin Bartfeld QC, explaining the benefits of the eBrief Ready product. You can view this here.

Over 700 members from the Victorian Bar and 3500 solicitors are now using TA Law’s eBrief Ready platform to both receive and work on their briefs. 

Stephen Foley MD of TA Law said that there is no charge for using the platform during these difficult times.The Victorian Bar is also introducing a new member benefit to ensure affordable access for all its members in the future. 

If you would like to know more about eBrief Ready, you can book a consultation with the Managing Director, Stephen Foley here.

Dear Essoign members and patrons,

It is with great regret that due to the impact of Stage 4 Restrictions the Club has temporarily closed its doors. 

Thank you for your continued support during the ever-changing circumstances in 2020. Understandably the current Stage 4 Lockdown has reflected your absence from the Club. We will miss seeing you along with your story sharing, laughs and giving support to all fellow members.

The Essoign will be back once restrictions are lifted and we will keep you informed as we get closer to that date.  

Please stay safe and stay healthy. We look forward to seeing you all again very soon.

As always, thank you.

The Essoign Club

The International Bar Association (IBA) has embarked on a global project aimed at addressing the mental wellbeing of legal professionals as COVID-19 exacerbates tensions in professional and personal lives. The key initial phase of the project consists of two global surveys – one for individual lawyers, the other for law firms and other legal institutions, including bar associations, law societies and in-house legal departments. Available in both English and Spanish, the surveys are anonymous and take approximately ten minutes to complete. For more information, please visit the project website here.

The IBA Individual Lawyer Wellbeing Survey can be accessed here.

The IBA Institutional Wellbeing Survey is available here.

The data gathered from the completed surveys will provide insight into:

• the pressing mental health concerns of legal professionals 
• the support they can expect to receive from their workplaces
• how the wellbeing of lawyers and other stakeholders in the legal profession are affected by their work and working environments
• identifying problems that each might have faced in getting the help they needed, and 
• what law firms, bars and law societies should be doing to support those in distress. 

Data gathered from the surveys will be discussed in detail by the IBA’s Wellbeing Taskforce in a showcase session at the IBA 2020 – Virtually Together Conference in November. The session will feature representatives from across the IBA, alongside mental health experts.

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.

On 3 June 2020, the Victorian Legal Services Board (Board) resolved to appoint Ms Madeline Prior as Manager of Jonathan King trading as U-Law (Law Practice), pursuant to section 334 of the Legal Profession Uniform Law (Uniform Law). The appointment expires on 11 December 2020, unless the Board determines to extend the appointment or the appointment otherwise ceases in accordance with section 340 of the Uniform Law.

The Board determined to appoint a Manager because Mr King had passed away 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 Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment.

Please contact Ms Prior on 03 9557 6831 or at madeline.prior@priorlaw.com.au if members hold briefs from the Law Practice or have any concerns about payment of their fees.

If you wish to discuss this matter further with the Board, please contact Rai Small on 03 9679 8028 or via email at rsmall@lsbc.vic.gov.au

On 12 February 2020, the Victorian Bar was notified that Mr Damian Neylon had been appointed by the Victorian Legal Services Board as the Manager of Rose Mary Brondolino & Co.

Please be advised that the appointment of Mr Neylon as Manager had terminated on 12 August 2020.

If you have any questions about this matter, please contact Reshma Pickering on 03 9679 8048 or email rpickering@lsbc.vic.gov.au.

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:

• 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.

The Law Council of Australia is pleased to invite you to attend the free webinar Indigenous Incarceration and the Northern Territory on Tuesday 18 August 2020, 5:00–6:00pm.  A panel discussion moderated by Pauline Wright, Law Council President  will discuss progress made since the Royal Commission into the Detention and Protection of Children in the Northern Territory. Register for the webinar here.

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. The next webinar, Switch On… Federal Register of Legislation, is on Thursday 20 August 2020, 1:15 ­– 1:45pm. The Federal Register of Legislation is the authorised website for Commonwealth legislation and related documents. It contains the full text and details of the lifecycle of individual laws and the relationships between them. This session, held via Zoom, is presented by the staff of the Office of Parliamentary Counsel. They will provide an introduction and general navigation of the website. This thirty-minute presentation is designed for participants to claim CPD points on completion of the session. Bookings can be made through Eventbrite here.

(Virtual) tour of the Digital Bar Library is on Tuesday 25 August 2020, 1:15 – 1:45pm and is especially designed for members of the Victorian Bar. While exploring the Digital Bar Library, the range of current and historical resources that are available to support barristers' needs will be explained. Click here to register.

LAWASIA and UIA (Union Internationale des Avocats) are proud to present a free webinar Alternative Dispute Resolution in the New Normal – The Steady Rise of Arbitration and Mediation on Tuesday 18 August 2020, 6:00-7:00pm AEST. Jurisdictions worldwide have seen increased acceptance of international arbitration to resolve cross-border disputes as well as broader interest in international mediation. In light of the realities of the post-COVID legal world, the flexibility and adaptability of the arbitration and mediation processes suggest that both may reach new heights if their advocates and practitioners know how to adapt to the “new normal.” In webinar, experts from LAWASIA and UIA will address the promise and the pitfalls of arbitration and mediation in the post-COVID world. You can register for this event or learn more information here.

VicBar members are invited to attend DCA’s free online webinar Inclusion at work for LGBTIQ+ talent on Thursday 20 August 2020, 2:00–4:00pm.

While Australian organisations are increasingly developing policies to support and include their LGBTIQ+ workforce, there is still a sizeable proportion of these employees who are not comfortable being out at work. At this event, DCA will revisit the findings of its research, undertaken with RMIT University - Out at Work: From Prejudice to Pride. The research found that employers can create safe and inclusive workplace environments where LGBTIQ+ people can be themselves. The webinar will address:

• what is working well within organisations
• what enables being out at work, and
• inclusion from the point of view of culturally diverse LGBTIQ+ individuals drawing on DCA’s recent research with Pride in Diversity called Intersections at Work.

Moderator Stephen Barrow-Yu, Deputy Chair of the Victorian Pride Centre, DCA Board Member and Executive Director Management Consulting at KPMG, will explore with a guest panel the practical actions organisations can take to create inclusive cultures that enable real choices about being out at work.

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.