Our role as leaders
There are many examples, too many to list in this message, of members and former members of the Bar stepping up to leadership positions in our community – in the judiciary, in not-for-profit and charitable organisations, in politics, in business, in the media. The Bar is rightfully proud of the contribution that they have made, and are continuing to make, to maintaining the robust institutions that underpin our society and democracy.
But members of the Bar show leadership, quietly, in many other ways. The day-to-day contribution that members make is particularly important in these times of social distress. The example that we set in the shared pain of lockdown is essential in maintaining barristers’ reputations as leaders in our community.
Of course, these times are difficult and frustrating. I recognise – as does the Bar Council and CEO – that for many members this is a period of profound financial, professional and emotional distress, and that this is combined with the significant dislocation and disruption caused by the unprecedented public health response currently underway. Despite the challenges of maintaining households, caring for children and other dependents, running practices and preserving general sanity, overall our members have risen to the challenge in a way that fills me with admiration.
Throughout this pandemic, we have also recognised the particular importance of advocacy in the interests of our members at this time – advocacy which is active, effective and responsible. Advocacy which seeks to maintain important relationships that can ultimately be leveraged to secure better outcomes. Advocacy which seeks to mitigate impacts on members but also recognises that as a Bar, we need to play our part, along with the rest of the community, in securing the public health objectives which underly the current restrictions. Advocacy which is focussed on working with and through the heads of jurisdiction, the courts, the Attorney-General, senior levels of government, the regulator and our professional colleagues in a way that is calculated to secure the best outcomes attainable in the universe of the possible. That universe is necessarily limited by what the Chief Health Officer is prepared to tolerate by way of exceptions to the chosen policy, which seeks to significantly constrain movement in the community.
While the solutions are never perfect, we are pleased that the pressure has been lifted somewhat for those members who are not Permitted Workers and are attempting to work from home with young children. The exception announced on Tuesday evening is important to ensure that those members are able to continue to play their part in keeping the wheels of justice turning. For those who missed it, the Q&As provided by the Department of Justice and Community Safety identifying the content of the exception can be found here.
And for those whose work-from-home challenges are not alleviated by these measures, of whom I know there are many, the Chief Justice of the Supreme Court of Victoria has today written to me, on behalf of the Supreme, County, Magistrates’ and Children’s Courts, reiterating that the Courts are most conscious of the realities presented by conducting remote hearings from home, and encouraging practitioners to raise difficulties presented by the COVID restrictions with the relevant judicial officer so that solutions can be considered. A copy of the Chief Justice’s letter is here. I know that some may feel reticent to do so, but I urge members, again, to take up the Courts’ invitation, which is a reflection of the strong bonds and mutual respect that exist between our organisations.
We will continue to advocate in the interests of our members. I hope that, in turn, members will continue to see themselves as leaders in the community in the context of this mandated public health response, which has left so many people hurting.
Mentoring to develop leadership skills
Another critical part of leadership is having an awareness of the situations of others, our impact on them, and having the confidence to share insight and experience. There are great opportunities to do this through the formal and informal networks that form the backbone of our college. Mentoring has always been a vital part of the Bar and mentors and mentees often develop life-long supportive friendships, which have helped many of us through difficult professional and personal times. Mentoring has driven the Bar’s growth and success, and we are keen to foster these relationships.
Yesterday members would have received a communication from Katherine Lorenz, the CEO, inviting them to join VicBar’s new Mentoring Program Pilot. This formal program will help cement core communication skills and to tighten the bonds between members – vertically, horizontally and diagonally. The program will contribute to developing the next generation of leaders at the Bar. I hope that all members will take a little time to read about what is involved here, and if they’re interested in participating, sign up and come along to the information session next Wednesday. We’ve had a strong response already, so please get in touch if you’d like to take part.
I’d like to conclude this week with asking all members to spare a thought for those Victorians who have lost loved ones in this pandemic, and for those who have fallen ill and may be facing uncertain health outcomes. We may be “fortunate” in Victoria that we have not faced the situation affecting other communities around the world – where almost everyone knows of someone who has been ill or has lost loved ones to the coronavirus. But many in this State have, and to those people I pass the Victorian Bar’s thoughts and good wishes.
The Victorian Bar is conducting a review of the Indictable Crime Certificate (ICC) accreditation scheme that is overseen by the Bar’s Indictable Crime Certificate Committee in conjunction with Victoria Legal Aid.
The ICC is a voluntary accreditation scheme introduced by the Bar in 2015 to raise the standards of criminal advocacy in Victoria. It provides a scheme to differentiate barristers with specific skills, knowledge and expertise related to indictable crime. It aims to recognise and promote quality advocacy in criminal trials, by providing a pool of barristers with measurable skills and knowledge and who are fully equipped and capable of running a trial in an indictable matter.
The review of the ICC scheme will look at the current process for obtaining the certificate, the relevance of its content and the adequacy of ICC application and renewal arrangements.
As part of the review, we would very much like to understand whether the ICC accreditation is known by law firms, whether firms place value on it, insofar as they specifically seek barristers with the accreditation when briefing on indictable crime matters, and whether firms select barristers on the basis of having the ICC accreditation.
Instructing solicitors are encouraged to complete a short survey here.
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:
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.
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.
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.
In this section, you’ll find an update on childcare arrangements under the subheading ‘Permitted Worker Scheme and childcare exemption’.
Due to the significant impact that current government restrictions have on members, the Victorian Bar and BCL have offered financial relief through member subscription discounts and rent relief. For more information about this, visit the subheading entitled ‘What are the Victorian Bar and BCL doing’.
To access each email update 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:
Darren Ferrari is organising a Zwift group for members of VicBar. Zwift blends the fun of video games with the intensity of serious training, helping cyclists get faster. Level up in the virtual worlds of Zwift with a group that motivates each other. To join or find out more, contact Darren Ferrari on 0412 124 076 or by email at clerks@svenson.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:
The International Bar Association is conducting a major global survey in relation to Young Lawyers in the Legal Profession.
The data IBA obtains will help identify issues faced by young lawyers around the world and articulate credible and workable recommendations.
The survey (for lawyers aged 40 or under) is anonymous and takes approximately 15 minutes to complete. The closing date is Monday 31 August 2020.
You can complete the survey here.
Yatren facilitated a breathing session with some members of VicBar on the evening of Thursday 21 August 2020. Feedback from the participants was very positive, with many feeling much more relaxed after the session!
Yoga is a great way of taking care of your physical, mental and emotional health, especially during these challenging times. As an introductory offer, members of the Victorian Bar will receive an additional 2-hour private session when they book their first month of a personalised online yoga program with Yatren.
Yatren has 22 years’ experience as a yoga instructor. For six years, Yatren has offered private, live and interactive yoga sessions online. Yatren tailors each yoga program to suit your experience level, ability and well-being goals. Yatren will teach you to integrate specific techniques for a positive impact in your life, and exercise your body and mind in a more thoughtful and structured way than is possible in a studio class or by working out at a gym. Classes are available early morning each weekday, so clients are prepped for success.
For more details, visit www.tyryogaonline.com.au or feel free to call Yatren on 0408 572 938.
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
Don't miss out on these exclusive member deals for August with some great offers and gift ideas, especially for Father's Day.
Priority Property Pool 500
The Federal Circuit Court of Australia has introduced a new process to manage family law property disputes for cases where the value of the net property pool is under $500,000. The new process, known as the Priority Property Pool 500 (PPP500), started on 1 March 2020 and will operate for two years as a pilot program in Adelaide, Brisbane, Melbourne and Parramatta. For more information, please visit the Court’s website.
The Lighthouse Project
The Lighthouse Project is a ground-breaking and innovative initiative in the way in which the Courts will screen for risk and focus on public health and improved outcomes for families involved in the family law system. A pilot for this project will commence in Adelaide, Brisbane and Parramatta and the Courts are looking to secure additional government funding to expand nationally. The project will deliver numerous benefits to litigants and practitioners, including:
Information sessions about the project for lawyers and unrepresented litigants will commence shortly – dates and times to be advised. For more information, please visit the Court’s website.
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:
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.
With regard to the Victorian Legal Services Board’s (Board) renewal on 29 October 2019 of the appointment of Mr Howard Rapke as Manager of Stanton Grant Legal (Law Practice), pursuant to section 334 of the Legal Profession Uniform Law, please accept this letter as notice that Mr Howards’ appointment as Manager of the Law Practice terminated on 29 July 2020.
If you have any questions about this matter, please contact Reshma Pickering on 03 9679 8048 or at rpickering@lsbc.vic.gov.au.
IATC will present Mediation - Conception to Delivery on Saturday 22 August 2020 at the following times:
The session will highlight and discuss:
Speakers:
The flyer is available to view here. To register, please click 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:
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.
(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.
Monash University is offering the following upcoming free webinars:
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.
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.
This seminar will comparatively assess the regulation of buyouts by private equity firms in major jurisdictions, focusing on the duties of directors and senior managers. It will consider mechanisms for constraining misconduct by fiduciaries, including fiduciary duties, private enforcement, and mandated disclosure. It will examine current developments in the United States, including recent Delaware decisions that suggest heightened judicial concern about potential misconduct in buyouts. The free webinar is scheduled for Wednesday 23 September 2020, 10:00 – 11:15 AM. You can register to attend this webinar here.
The Melbourne Uni Law Students’ Society (MULSS) is looking for judges for their Open Witness Examination Competition.
The semi-final is on Tuesday 25 August 2020 and MULSS would like to invite one barrister from the Victoria Bar to judge two trials (6:30pm to 7:45pm; 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.
The 2020 ADC-ICC Asia-Pacific Commercial Mediation Competition, which runs from 30 August to 1 September 2020, is a forum for students to showcase their budding negotiation and mediation skills in a realistic mock international commercial dispute. Members who would like to volunteer as mediators or judges should visit the ADC website here, or contact us by email if you have any questions. The original deadline for volunteers has been extended beyond 31 July 2020.
Deakin Law School is seeking arbitrators to help judge the fourth Alfred Deakin International Commercial Arbitration Moot. The moots will be held on a virtual platform on 8, 9 and 10 September 2020. Arbitrators will hear 32 teams registered from law schools around Australia and overseas.
Each round lasts for one hour with 30 minutes for questions, deliberation and feedback. Deakin Law School will supply the questions and bench notes in advance.
You can volunteer here. Please note that you are able to arbitrate from any state or country and all event times listed are in AEST.
Please check the website for more information. Any questions may be directed to Linda Black or Kayla Laird via email.
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.