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In Brief Issue #983
2Oct
Excellence and leadership at the Bar
If these were "normal" times, this week we would hear the popping of champagne corks, the smacks of kisses and back slaps and much laughter and excitement in chambers to accompany the announcement of the appointment of the new silks. While the halls of Owen Dixon Chambers may be empty of such celebration this year, our hearts are not. I'm sure that all members will join me in congratulating the new Senior Counsel, whose appointment to silk was announced by the Honourable Anne Ferguson, Chief Justice of the Supreme Court of Victoria, yesterday.
I extend my heartfelt congratulations on behalf of the Bar Council to Donald Farrands, Patrick Bourke, Peter Fary, Timothy Puckey, Julianne Jaques, Lisa Hannon, Patrick Wheelahan, Justin Graham, Peter Wallis, Megan Tittensor, Alistair Pound, Paul Vout, Sandro Goubran, Christopher Carr, Daniel McInerney, Georgina Coghlan, Elizabeth Ruddle and Benno Ihle.
As I have said to more than one appointee over the years, what they will experience over the coming days and weeks will be a little like attending their own funeral, such will be the outpouring of goodwill and warm wishes – often from people scarcely known to the new silk. I hope that, notwithstanding the constraints on proper celebration imposed by the current restrictions, the new Senior Counsel and their families and friends find ways to mark and truly savour this wonderful professional milestone.
Many of the individuals appointed yesterday by the Chief Justice will be familiar to this audience – as Bar Councillors, members of Bar Committees and Associations, as participants in the Bar's education programs, and, of course, for the excellence of their practices, their personal integrity and their leadership in the profession. Stepping up to silk is a great honour, which brings with it considerable responsibility – as the reputation of the Bar, the courts, and our justice system are heavily intertwined with the distinction of Senior and Queen's Counsel. I have no doubt that the 2020 cohort of silks will wear their new mantle with humility and respect.
Continuing the legacy – equality and diversity
As I scan reports hailing the late US Supreme Court Justice Ruth Bader Ginsberg, who was laid to rest this week, I can't help but feel some sorrow that she is not here to see the accolades that continue to pour in for her. The esteem in which the international community holds RBG stems from both her extraordinary legal career and her dignified and formidable crusade against discrimination and prejudice.
I'm proud that the Bar continues its work to support equality and diversity within our ranks, and across the profession. This weekend, the Bar is a sponsor of the Asian Australian Lawyers Association's inaugural National Cultural Diversity Summit, which will bring together leading international thinkers to discuss a roadmap for cultural diversity and explore the role of cultural leadership in the legal industry and the broader community. I am pleased to be part of a community of barristers who are committed to projects that encourage open discussion about how we can change our profession for the better. John Arthur, Barrister, who is part of the event's planning committee, has extended an invitation to all members. The flyer for this event is here and you can register here.
And for friends and allies of the LGBTIQ+ community, Barristers John Heard and Beth Warnock organise regular get-togethers. The invitation to join their virtual social group is in a notice below – it's a great opportunity to get to know more colleagues across the Bar.
Vale His Honour Chief Judge Glenn Waldron AO QC
I'd like to honour the memory of former Chief Judge Glenn Waldron AO QC. His Honour signed the Bar Roll in March 1955. His Honour built a significant common law practice and was elected to Bar Council in 1976, serving for more than five years. He also served as Chairman of the Ethics Committee and Bar Fees Committee. His Honour will be remembered for 21 years of distinguished service to the County Court of Victoria, as Chief Judge from 3 February 1982 to 24 November 2002, and for his extensive reform of the Court's civil jurisdiction and pre-trial case management.
Victorian Commercial Arbitration Scheme – open for business
VCAS – the Victorian Commercial Arbitration Scheme – which was the brainchild of Victorian Barristers Rob Heath QC, Adam Rollnik and Kieran Hickie – was launched on Wednesday evening with a distinguished panel comprising Professor the Honourable Clyde Croft AM SC, Her Honour Judge Elizabeth Brimer of the County Court of Victoria, Professor Bryan Horrigan, Dean of Monash University Law School, and Barrister Adam Rollnik. VCAS is an innovative scheme providing capped-fees on arbitrators, fixed time-frames, and offering swift access to justice, particularly for those in regional Victoria. The website is now live at vcas.net.au.
Response to Victorian Bar submission on COVID Omnibus Bill
As members are aware, the Bar made a submission to government on a number of aspects of proposed amendments to the Public Health and Wellbeing Act 2008 (Vic). You can read the Attorney-General's response to our letter here.
Victorian Bar and Barristers' Benevolent Association Annual General Meetings
Finally, members should note the notice below regarding the forthcoming AGMs for the Victorian Bar Inc and the Barristers' Benevolent Association of Victoria.
The Victorian Bar today welcomed the appointment of 18 new Senior Counsel by the Honourable Chief Justice Anne Ferguson.
Patrick Bourke
Julianne Jaques
The Court will welcome the new Senior Counsel in a virtual ceremony on Wednesday 18 November 2020 at 9:30am. Details will be announced at a later date.
The Governor in Council has appointed four new magistrates, including two members of the Victorian Bar, Her Honour Magistrate Stead and Alexandra Burt.
The four new Magistrates are:
- Her Honour Magistrate Melissa Stead
- His Honour Magistrate Guillaume Bailin
- Her Honour Magistrate Kimberley Swadesir
- Alexandra Burt
Alexandra Burt will commence her appointment in March 2021.
Their Honours Magistrates Stead, Bailin and Swadesir commenced on 23 September 2020.
Details of the welcome ceremonies will be advised when they become known.
The Annual General Meetings of Victorian Bar Inc, and Barristers’ Benevolent Association of Victoria will be held on Wednesday 28 October 2020 at 4.30pm via Zoom. Members would have earlier today received an invitation containing the agenda for each meeting and a link to register their attendance. Those who register will be sent a Zoom link to the meeting by email following registration. Registrations close at 4:00pm on Wednesday 28 October 2020.
As part of the review of sexual harassment in the Victorian legal profession, and to coincide with the all-female roundtable discussion, the President has been invited to nominate five male barristers to join an all-male barristers roundtable discussion to look at possible solutions or recommendations that the Review may make, in response to the four broad terms of reference:
- preventing sexual harassment
- improving reporting and support to those who experience sexual harassment
- raising awareness, and
- ensuring accountability.
The date and time for roundtable is 29 October 2020 from 2:00 – 4:00pm.
Further information on the stakeholder roundtables can be viewed here.
The Bar’s protocol for nomination and appointment of Vic Bar members to external bodies can be viewed here. You are encouraged to provide a detailed expression of interest, which should identify any relevant areas of experience or expertise. This will assist the Executive of Bar Council to select the best candidate for the position.
Please direct any enquiries or your expressions of interest to Denise Bennett at the Victorian Bar office at denise.bennett@vicbar.com.au by 4:00pm, Thursday, 22 October 2020.
2020 has been a year of difficult revelations in the legal profession: a survey by the Victorian Legal Services Board + Commissioner reported that one third of those who responded had experienced sexual harassment in the workplace; the Chief Justice of the High Court stating that an inquiry into allegations of sexual harassment against a former High Court Judge found that six former Court staff members were harassed by him; and the Victorian Attorney-General announced a comprehensive review of the practices and protocols preventing and reporting sexual harassment in the courts and VCAT and across the legal profession.
Please note the start time for the webinar has been updated to 5:00pm.
In this webinar on Tuesday 6 October from 5:00 to 6:00pm, Jenny Firkin QC, Chair of the Bar’s Equality and Diversity Committee, speaks with Kenneth Hayne AC QC about sexual harassment at the Bar. What are the cultural behaviours that we need to change? What can people who experience sexual harassment do? What should those who witness or hear of it do? And, if it’s not clear to perpetrators that their advances are unwelcome, what alarm bells should trigger them to stop and think.
Click here to register.
The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and logged into the VicBar website to view these events.
- Stamping out Sexual Harassment at the Bar is on Tuesday 6 October at 5:00 – 6:00pm. Jenny Firkin QC, Chair of the Bar’s Equality and Diversity Committee, speaks with Kenneth Hayne AC QC about sexual harassment at the Bar. What are the cultural behaviours that we need to change? What can people who experience sexual harassment do? What should those who witness or hear of it do? And, if it’s not clear to perpetrators that their advances are unwelcome, what alarm bells should trigger them to stop and think. Click here to register.
- Preserving the intention of the Koori Court - How the County Koori Court has adapted to virtual hearings is on Monday 12 October 2020, 4:00–5:00pm. In this seminar, Her Honour Judge Lawson will outline the history and the context that led to the establishment of the Koori Court and how the modified virtual process is operating. Click here to register.
- Defamation law reform in Australia: what’s coming, and what it means is on Thursday 15 October 2020, 5:00–6.00pm. This webinar explores defamation law reforms and the speakers will address the nature of the forthcoming changes and those still being debated, and their significance to the evolution of defamation law, freedom of expression and the changing media landscape in Australia. Click here to register.
For more upcoming CPD events, please visit our listings here.
Members are invited to provide input on recommendations made in relation to the Victorian Bar’s Education Review.
The Education Review examines the full educational offering that the Bar provides to members – from the Bar Readers’ Course, through to Continuing Professional Development and other education services (such as online materials and mentoring). The aim of the review is to ensure that the education the Bar provides is informed by best practice, that it meets current professional educational needs, that it is supported by fit-for-purpose architecture, and that it is appropriately structured and coordinated but flexible enough to be able to adapt to changing conditions in the future.
Members are referred to the communication from the President on Monday 21 September 2020, where they will find:
- The background to the Education Review
- The Study Delegation Report
- The Nous Group Report, and
- The form to provide your feedback on the Education Review recommendations.
Submissions close Monday 5 October 2020 at 10:00am.
Melbourne City Council elections will be held in October 2020.
Ballot papers will be mailed to voters between Tuesday 6 October and Thursday 8 October 2020.
Although the period for enrolling in the Melbourne City Council elections has closed, you can still check your enrolment and update your details such as your address here, or call the Elections Hotline on 1300 735 427 for other enquiries.
For more information about key election dates, please visit the Victorian Government website here.
We understand that members are worried about the risks of COVID-19. Please see the new health and wellbeing section in our 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.
Victorian Government Sole Trader Support Fund
To apply for the Sole Trader Support Fund, members are reminded that they may obtain a letter confirming that they have rented chambers for at least six months by emailing BCL at bclfinance@vicbar.com.au.
No change to restrictions on access to chambers
The Government’s announcement on Sunday 27 September does not alter the restrictions in place for the legal services industry, which remains closed for on-site work unless the work is urgent or priority as determined by the relevant head of jurisdiction.
Magistrates’ Court of Victoria
On Tuesday 29 September, the Court issued Practice Direction 21 of 2020, which is available here and only applies to matters listed in courts in regional Victoria, unless otherwise ordered by the Court, from Monday 28 September 2020.
Previous email updates
To access each email update relating to COVID-19 that VicBar has sent members, please click here.
The LGBTIQ Legal Service is a state wide, free community legal services provided by the St Kilda Legal Service. The LGBTIQ Legal Service has recently released a Report on Legal Needs Analysis: Reflections on legal need and future planning from our two-year pilot program.
The Report notes LGBTIQ people have complex and unique legal needs, which are compounded by barriers to accessing justice to address their legal needs, and that LGBTIQ communities disproportionately experience discrimination, harassment, violence and social exclusion, all of which contributes to risk factors that increase disadvantage, including experiencing mental illness and homelessness.
The Report also found that LGBTIQ communities face barriers to accessing legal services to address legal need, have a deep mistrust of the justice system, lack community specific or appropriate services and key information about available services. The top 10 legal issues dealt with by the LGBTIQ Legal Service since it commenced in 2018 are discrimination, residential tenancy, criminal law, family violence, employment law, consumer law, Centrelink, health complaints, victims of crime and infringements.
The Report recommended that the legal needs of the LGBTIQ communities are best met by a responsive, informed and specialist integrated service that understands how identities and status influence, interact and compound experiences within the legal system. The Report also recommended that an effective legal needs response requires collaboration between legal services, non-legal services, peer led community groups, education and law and policy reform to advance LGBTIQ rights within a fairer system.
The Report is available on the LGBTIQ website here.
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.
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.
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.
When was the last time you heard a roomful of Melbourne barristers laughing? Attendees at the now regular Thursday evening LGBTIQ+ drinks have been treated to that wonderful sound many times over the past few months. What started as a chance to meet, network, compare notes, and have fun has become a regular (and precious because rare) appointment in the social calendars of current Victorian barristers (and some very welcome interlopers). After six zoom drinks sessions, attended by all sorts of people (older and younger, very senior and junior, all genders and none, everyone mixing in) the most colourful social group at the Bar is off and running. With plans to go “in person” as soon as safely manageable, and host events with special guests/speakers, the group is always open to new attendees, including allies and friends, simply send an email to beth.warnock@vicbar.com.au or john.heard@vicbar.com.au and grab a cocktail!
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 Family Law Amendment (Powers Delegated to Registrars) Rules 2020 and the Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020 have been signed by a majority of judicial officers and were registered on 25 September 2020.
The Rules will commence on Saturday 26 September 2020.
The amendments delegate additional powers to Registrars and Deputy Registrars of the Family Court of Australia (known respectively in practice as ‘Senior Registrars’ and ‘Registrars’) and Registrars of the Federal Circuit Court of Australia.
The changes include:
- Registrar delegations: The harmonisation of delegations to family law Registrars across the Family Court and Federal Circuit Court, through the delegation of existing Family Court delegated powers to family law Registrars in the Federal Circuit Court.
- Senior Registrar delegations: The harmonisation of delegations to family law Senior Registrars across the Family Court and Federal Circuit Court, through the delegation to Federal Circuit Court Registrars those powers held by Senior Registrars of the Family Court, but only to those Federal Circuit Court Registrars who hold the position of a Senior Registrar in the Family Court concurrently.
- Additional delegated powers: The delegation of certain limited additional powers to Senior Registrars and, where appropriate, Registrars.
The harmonisation of delegations to family law Registrars across the Family Court and the Federal Circuit Court will ensure that Senior Registrars and Registrars have a uniform set of delegated powers across both Courts. It will ensure a consistent approach and facilitate highly skilled and experienced Registrars being able to support Judges across both Courts more effectively and efficiently. It is a critical step towards the Courts’ development of unified family law processes.
The Family Law Amendment (Powers Delegated to Registrars) Rules 2020 is available here and an Explanatory Statement is available here. Existing rules with marked changes are available here.
The Federal Circuit Court Amendment (Powers Delegated to Registrars) Rules 2020 is available here and an Explanatory Statement is available here. Existing rules with marked changes are available here.
The Private International and Commercial Law Section of the Attorney-General's Department is currently progressing possible reforms to the the Personal Property Securities Act 2009 (PPS Act) in response to the 2015 statutory review (the Whittaker Review).
As part of this reform process, the department is seeking to consult on provisions in the PPS Act regarding financial property and intermediated securities.
To assist with the consultation process, the department have developed a discussion paper which is available here.
The department is seeking submissions regarding any of the following:
- How financial products are defined in the PPS Act
- How security interests in financial products should be treated, and
- How these security interests should be enforced.
This consultation process will inform the Attorney-General’s policy considerations and help ensure the law regarding financial property and intermediated securities is clear and fit for purpose in the PPS Act.
Submissions close on 16 October 2020. Questions and submissions can be directed to this email.
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 Legal Services Council’s September Newsletter (Issue 3, 2020) is available to read here.
The Sentencing Advisory Council has today released a report on sentencing outcomes for children held on remand in Victoria.
The research studied the case outcomes for all 442 children remanded in 660 cases in Victoria in 2017–18. Key findings included:
- those children spent nearly 29,000 days on remand at a cost of approximately $41 million
- two-thirds (66%) of remanded children did not receive a custodial sentence
- one-third (34%) of remanded children did receive a custodial sentence, with 5% being time served sentences
- the factors most strongly correlated with a lower likelihood of receiving a custodial sentence were:
- being released on bail
- spending less time on remand
- having less prior contact with the justice system, and
- being charged with property damage or threat offending.
In light of these findings, the report raises a number of possible reforms that could reduce the number of children held on remand in Victoria, including expanding the specialised Children's Court to headquarter courts across Victoria, developing specific programs to help reduce the number of Indigenous children held on remand, and implementing a 24-hour state-wide bail system specifically for children.
The Council will also be hosting a 30-minute online launch of the report today at 1:15pm. The launch will be recorded and made available on the Council's website.
The report is available here.
The Asian Australian Lawyers Association (AALA) encourages the legal profession to embrace and celebrate cultural diversity. It has approximately 680 registered members. Members come from all sectors of the legal profession including solicitors, barristers and in-house counsel. AALA has branches in New South Wales, Victoria, Queensland and Western Australia. Its patron is the Hon. Michael Kirby AC, formerly a judge of the High Court. More details on AALA can be found at www.aala.org.au.
AALA is holding its inaugural National Cultural Diversity Summit on Saturday, 3 October from 1:00pm to 4:00pm. The summit will be broadcast via Zoom and be livestreamed on Facebook.
The AALA National Summit is bringing together leading international thinkers, comedians and performers to critically examine and discuss a roadmap for Cultural Diversity in the Law.
The AALA National Summit has four key pillars:
- The role of cultural leadership in the legal industry and the wider community.
- The need to improve access to the law for culturally and linguistically diverse communities.
- Reform of the judicial appointment process in Australia.
- The strength and value in pursuing further collaboration between culturally and linguistically diverse lawyer associations and the wider legal industry.
The agenda is available here.
Register for free here.
The CEO of the Professional Standards Councils, Roxane Marcelle-Shaw, is pleased to invite you to the next Professional Standards Forum. The Forum will be held as an online event on 15 October 2020, on the theme of ‘Putting the Consumer First in Ethics: the role of a consumer ethics framework in delivering consumer-focused professional and occupational services’.
The Forum will feature a panel of distinguished speakers. They will lead a discussion on the opportunities and challenges in successfully regulating for ethical values, principles and behaviours that are consumer-focused. The panel session will be recorded and presented as a resource on the Councils’ website.
The morning panel session will be followed by a practical workshop facilitated by the Behavioural Insights Team. Participants will learn ways in which behavioural insights can help regulators to drive and measure changes to deliver an effective code of ethics that improves consumer experiences and the trustworthiness of the profession or occupation.
Further details on the Forum are available on the Councils’ website and flyer.
Please complete the registration form via Eventbrite to secure your place here. You will receive a confirmation email with details about joining the Forum on zoom upon confirmation of your registration.
The Law Library of Victoria invites you to attend our Focus On... sessions. This 30-minute webinar online via Zoom will familiarise users with the digital research support available through the Law Library of Victoria website. This includes curated collections, research guides, exclusive content, and Legal Research eLearning.
The session on 14 October at 1:15pm includes a research focus on citations and abbreviations. Based on one of the Legal Research eLearning modules, this short refresher explores how to locate the meaning of abbreviations within a citation, and how to search on multiple citations. Register here.
Arbitration and intellectual property – Scope and potential
On Tuesday 13 October 2020 at 12:00–1:15pm, the Resolution Institute will host Arbitration and intellectual property - Scope and potential. The webinar will explore the mechanisms used by online platforms to resolve copyright, trademark and patent disputes and their potential for wider application. The benefits of arbitration in intellectual property disputes will be canvassed by reference to real disputes where performance, infringement, validity and enforcement issues arise. It will cover the mandatory domain name dispute regimes for settlement of domain name
disputes and examples thereof.
The speakers are:
- William E M Lye OAM QC, Barrister at the Victorian Bar
- Andrew Christie, Chair of Intellectual Property and Director of Studies, Intellectual Property Law – Melbourne Law School, Arbitrator and Mediator, and
- David Fixler, Partner, Corrs Chambers Westgarth.
For more information or to register, please click here or view the flyer here.
International Arbitration Week event
On Wednesday 14 October 2020 at 3:30–5:00pm, Resolution Institute will host 'International Arbitration Week 2020'. In this session our experienced panel of Arbitration experts will share about ways in which domestic arbitration in Australia can distinguish itself from litigation in the courts and what are the expectations of parties who chose arbitration over litigation in a domestic context.
The speakers are:
- The Hon. Peter Vickery QC
- Erika Williams
- Karyn Reardon
- Greg Steinepreis
- Russell Thirgood, and
- Robert Riddell.
Click here to register.
ACICA is pleased to present Australian Arbitration Week 2020 (AAW 2020) of the week of 12 October 2020. A full Calendar of Events is now available on the AAW website here, which will be kept updated as new event information is released.
ACICA, together with the Chartered Institute of Arbitrators Australia (CIArb Australia), will launch AAW2020 with Australia’s premier international arbitration event, the 2020 International Arbitration Conference featuring a line-up of speakers from across Australia and around the world. This year the conference will be offered virtually and is open to registrants around the globe. Program and speaker information is available to view on the website. You can register for the Conference here.
Please take a moment to explore the extensive program drawing together expert practitioners from around the world and dealing with an exciting range of topics including:
- Advocacy in the Virtual Environment
- Technology as an Enabler in International Arbitration
- The Future of Investor-State Dispute Resolution
- Around the Globe in 60 Minutes : Current Hot Topics in International Arbitration
- Mega Projects in the New Normal
- Is Third Party Funding Changing International Arbitration?
- Enhancing Efficiencies in the Arbitral Process.
Registration, program and speaker details may be found here.
LAWASIA 2020 Conference
Join LAWASIA for a series of webinars every Tuesday and Thursday, commencing on 10 September until 8 October 2020 (five consecutive weeks, nine webinars in total).
Instead of the LAWASIA physical Annual Conference, the LAWASIA 2020 Conference Online webinar series will provide an opportunity for our members to enhance their legal knowledge; collaborate and build networks with like-minded lawyers and legal organisations throughout the region; and come together to help LAWASIA fulfil its important mission of promoting the rule of law, access to justice and respect for human rights throughout Asia and the Pacific region.
LAWASIA has developed an excellent program, focusing on a range of legal issues and key areas of law, including sessions focusing on intellectual property, ADR, employment law, anti-trust and competition law, and corporate securities and investment. Panels of experts and eminent speakers from across the region have been recruited and will undoubtedly entertain, educate and enrich all those able to attend.
The LAWASIA 2020 Conference online webinar series will be free of charge. We encourage you to circulate this offering to your friends and colleagues, and we look forward to welcoming you all to the 2020 LAWASIA Conference Online!
For more information about the conference program and how to register, please click here.
Annual Council Meeting
LAWASIA’s Annual Council Meeting 2020 will be held on Tuesday 13 October 2020 at 16:00 – 18:00 (AEST) via Zoom.
All LAWASIA Councillors and representatives from LAWASIA member organisations, are warmly invited to attend the Council meeting. Councillors and/or member organisations are requested to register their attendance at the Council Meeting by completing this online form. The Zoom link for the meeting is available here.
This meeting will mark the accreditation of the 2020-2021 LAWASIA Council.
Please refer to the LAWASIA Council 2019-2020 here for a list of the 2019/2020 Councillors and Alternate Councillors, as appointed by predominant member organisations; and Presidents of non-predominant LAWASIA member organisations.
Any changes to existing appointments can be made in writing to lawasia@lawasia.asn.au by Monday 21 October 2020.
If no amendments are received by the LAWASIA Secretariat by the due date, the assumption will be that current details are to remain in situ.
Thanks to all member organisations that have already submitted a completed form B.1 (Councillor Nomination).
The following documents are relevant to the meeting: [link attached PDFs]
- LAWASIA Council and Member Organisations 2019-2020
- LAWASIA Draft Council Agenda 2020
- Item 5.1 Proposed Amendments to Article II of the LAWASIA Constitution
- Item 6 Applications (6.1, 6.2, 6.3, 6.4) for Organisational Membership
LAWASIA would like to draw attendees’ attention to the following items in the draft agenda:
- Proposed amendments to Article II of the LAWASIA Constitution, and
- Applications for organisational membership.
A final agenda and a full set of Council papers will be distributed closer to the meeting date.
The Kingdom of Tonga is accepting applications for appointment as a Judge of the Supreme Court.
The term of the appointment is for four years, commencing 1 December 2020.
The principal practice area will be criminal law, and extensive experience is required in that area.
Applications close 16 October 2020 at noon.
More information and how to apply is available here.
The International Legal Foundation (ILF) is seeking lawyers with extensive criminal defence experience and legal aid institutional know-how to join its Natalie Rea International Fellows program and provide training and capacity building to local lawyers and legal aid providers in developing and transitional legal systems through day-to-day, case-by-case mentoring.
Juvenile justice experts are particularly needed to support the development of specialised units to provide quality representation to children in conflict with the law.
We currently have fellow positions available with our teams in Afghanistan, Myanmar, Palestine (West Bank) and Tunisia. Fellows are normally embedded within ILF’s local offices, but due to the unfolding global health emergency, fellows will work remotely for the foreseeable future. An in-country fellow role may be possible, as the situation develops and if circumstances allow.
How to apply or for more information
More information is available in this flyer.
If interested or for more information, please contact ILF at fellows@theilf.org. Applicants should send a thoughtful cover letter and resume. Qualified candidates will be contacted for interview.
The Australian Bar Review is a highly regarded law journal produced by the Australian Bar Association and facilitates scholarly discussion of current issues in legal doctrine and procedure throughout Australia. Papers dealing with a national perspective of a topic are preferred, but papers of particular interest to a state or territory are not excluded from consideration. If a paper focuses on the legislation of one jurisdiction it should also include, in the text or a footnote, references to interstate equivalents. Professor the Hon. Clyde Croft AM SC is seeking submissions from members of the Victorian Bar. Senior, mid-tier and junior members are all welcome to contribute – the editorial staff are keen to foster the next generation of leaders of the Bar, as well as to acknowledge the expertise of the senior generation.
For submission guidelines and to submit an article, please visit the website here. More information is also available in the Note to Contributors here. If you have any queries about submissions, you may contact Professor Croft via email.
Deadline for the next issue:5pm, 8th October 2020