In Brief Issue #989

Following the recent Victorian Bar Council election, the following office bearers have been appointed to the Bar Council for the 2020-2021 term:

• President – Christopher Blanden QC
• Senior Vice President – Róisín Annesley QC
• Junior Vice President – Helen Rofe QC
• Honorary Treasurer – Mary Anne Hartley QC
• Assist. Hon Treasurer – Robyn Sweet   

The following members were elected to the Bar Council (in order of seniority):

Eleven counsel who are Queen’s Counsel, Senior Counsel or junior counsel who are of not less than 15 years’ standing:

• Mr Paul Holdenson QC
• Mr Christopher Blanden QC
• Mr Simon Marks QC
• Dr Ian Freckelton QC
• Ms Mary Anne Hartley QC
• Dr Suzanne (Sue) McNicol AM QC
• Ms Róisín Annesley QC
• Ms Helen Rofe QC
• Mr Paul Hayes QC
• Mr Eugene Wheelahan QC
• Mr Darryl Burnett

Six counsel who are junior counsel and who are of not less than 6 years’ standing and of not more than 15 years’ standing:

• Mr Paul Kounnas
• Mr Benjamin Murphy
• Ms Robyn Sweet
• Ms Amy Wood
• Mr Ben Jellis
• Ms Nawaar Hassan

Four counsel who are junior counsel who are of less than 6 years’ standing:

• Mr Nicholas Phillpott
• Mrs Roshena Campbell
• Miss Lana Collaris
• Mr Lachlan Molesworth

All members of the Victorian Bar are invited to attend the virtual ceremonial sittings to receive the appointment of Senior Counsel for Victoria to be held on Wednesday, 18 November 2020 from 9:30am.

Supreme Court of Victoria – 9:30 am

Click here to join the Supreme Court’s virtual silk ceremony.

Federal Court of Australia – 10:15 am

Click here to join the Federal Court’s virtual silk ceremony.

Family Court of Australia – 10:45 am

Click here to join the Family Court’s virtual silk ceremony.

At its meeting on 12 November 2020, the Bar Council resolved to seek expressions of interest for the positions of Honorary Secretary and Assistant Honorary Secretary.  Bar Council will consider all expressions of interest at its meeting on Thursday, 19 November 2020.

Click here to express interest.

Expressions of interest must be received before 9:00am on Thursday, 19 November 2020.

The Honorary Secretary and Assistant Honorary Secretary:

• assist in the administration of membership matters, which includes dealing with applications to sign the Roll of Counsel and transfer requests from existing members;
• interview prospective readers prior to each Readers’ Course;
• attend Bar Council and management meetings of officeholders and staff when required;
• assists the Bar Council Officeholders and members particularly in respect of the constitutional responsibilities of the Bar Council.

The time required to perform the role varies from week to week. On average, about 3-4 hours should be allocated each week, however the time required will be greater at certain times during the year, especially when reader interviews are being conducted prior to each Readers’ Course.

Expressions of interest are sought from members of the Bar who wish to remain on, or become a member of, one or more of the Bar committees.

It is through the Bar’s committees that a great deal of the work of the Bar as a representative professional institution is done. The selfless contribution of time and effort given by members to this work is a donation of great value to the Bar and to the wider community.

All members who have an interest in serving on any of the committees in 2021 must submit an expression of interest, even if they have previously served on the committee.

Click here to express interest.

You will need to be logged in to the Bar website to express interest.

All practising counsel are invited to show their interest. Experience is not a prerequisite to service on a committee.

Each Bar Committee takes seriously its role in advancing the interests of members of the Bar fulfilling the purposes of the committee; those seeking election to a committee should, therefore, not underestimate the workload. Click here for a copy of the role descriptions and responsibilities of each of the committees.

Barristers who have not previously served on Bar committees are particularly encouraged to express their interest. 

The deadline for receipt of expressions of interest is 5:00pm on Monday, 23 November 2020.

Existing committee members should note that if you do not complete an expression of interest, it will be assumed that you no longer wish to continue your membership of any committee.

If you have any enquiries, please contact Liz Ingham (Manager, Office of the CEO): elizabeth.ingham@vicbar.com.au.

Notice is hereby given that the annual general meeting of the Commercial Bar Association of Victoria (CommBar) will be held via Zoom on Thursday, 26 November 2020 at 4:30pm.

Ordinary Business:

1. To confirm the minutes of the annual general meeting of CommBar held on 19 November 2020, which can be found here.
2. To receive from the Executive reports regarding the activities and transactions of CommBar during the financial year ended 30 June 2020.
3. To elect officers of CommBar and the ordinary members of the Executive. Nominations for these positions are hereby called for.
4. To receive and consider a report of the Treasurer on the financial position of CommBar.

Election:

Election to the Executive is for a period of two years. This year, the terms of the following members of the Executive are expiring:

1. Stewart Maiden QC, Vice President (Convenor)
2. Sam Rosewarne, Treasurer
3. Oren Bigos QC, Member

Each of these members of the Executive is free to nominate for a further term should they choose to do so.

The following members of the Executive were elected, and in the case of Raini Zambelli, appointed to fill a casual vacancy last year and so they have another year before their terms expire:

1. Claire Harris QC, President
2. Paul Hayes QC, Senior Vice President
3. Hamish Redd, Member
4. Kieran Hickie, Member
5. Georgia Berlic, Member
6. Jesse Rudd, Member
7. Raini Zambelli, Member

Nominations for election must be in writing, signed by two members and accompanied by the consent of the candidate. Nominations must be delivered to Stewart Maiden QC, Vice President (Convenor) via email maiden@vicbar.com.au not less than 7 days before 26 November 2020, being 19 November 2020. Please find nomination form here. If an election is required, it will be an electronic ballot without proxies. A list of candidates and ballot papers will be distributed to members if required after the date for nomination has closed. Only financial members will be eligible to vote.

Meeting details

If you wish to attend the meeting please contact the assistant honorary secretary Veronica Holt via email veronicaholt@vicbar.com.au and the Zoom meeting details will be sent to you prior to the meeting.

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.

• Frustration and Force Majeure in a Time of Covid is on Tuesday 24 November, 5–6:00pm. This CPD will discuss the impact of COVID-19 on the performance of contracts. Click here to register.
   
• Changing practice areas is on Wednesday 25 November, 5–6:00pm. In this CPD, speakers will share their experiences in moving into new areas of practice and provide their tips for barristers considering making a move. Click here to register.
   
• Practice in a Pandemic: Challenges & Opportunities for Women at the Victorian Bar – Session Two is on Thursday 26 November, 5–6:00pm. This is the second of a two-part online panel discussion designed to capture and preserve the experiences of women at the Victorian Bar during COVID-19. The second session will focus on commercial, common and administrative law, employment and industrial law, wills and estates and planning and environment. Click here to register.
   
• Appearance Rates for Women Barristers in Victorian Courts is on Monday 23 November, 5:15–6:15pm and will examine the statistics collected as part of WBA’s recent research into the number of women appearing in trials in the County Court of Victoria, Supreme Court of Victoria and Court of Appeal. The speakers will be The Honourable Justice Michelle Quigley, Kate Eastman SC and Dr Kylie Weston-Scheuber. Please click here to register.

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

Studio 11 End of Year Exhibition is now installed and you are welcome to view it in person on level 11 East.

The exhibition features rich, colourful oil paintings by Stephen Armstrong depicting the charming comfort and the grind of the familiar in our homes and gardens during lockdown. They are about liminal time and thresholds.

Liz Gill has 12 small works depicting the allure of the Summer we now yearn for, reminding us very efficiently of coastal Anglesea.

Bridget Foley shares with us 23 very skilfully executed ceramic pieces created during lock down with earthy tones and textured glazes reflective of the sea, outback Australia and country Victoria.

All works are for sale. Worksheets are available on level 11 East or click here.

The exhibition continues until 18 December 2020.

The works at Studio 11 are “always worth a look” and offer members an opportunity to take a break and very easily explore art mediums, in our work setting. Everyone is welcome.

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.

The Amicus Curiae project is delighted to convene a panel of brilliant legal professionals to celebrate the admission of Victorian lawyers in 2020.

An online celebration is planned for Friday 20 November at 1–2:00pm to recognise this momentous milestone!

Meet the illustrious panel consisting of:

• Julian Burnside AO QC - Julian is a decorated Commercial Barrister and Human Rights and Public Law advocate, with a particular focus on the treatment of Asylum Seekers. He is also a published author and a strong supporter of the Arts.
   
• William Lye OAM QC - William is the first Malaysian born and one of a handful of barristers of Chinese descent to be made silk in Australia. He is a Commercial Barrister, Mediator, Educator and champion of cultural diversity in the law.
   
• Anna Brown OAM - Anna is a pioneer of LGBTIQ+ rights and is the CEO of Equality Australia. She played a critical role in the campaign for marriage equality co-chairing the Equality Campaign and running the challenge to the postal plebiscite in the High Court.
   
• Jill Prior - Jill is the Principal Legal Officer of the Law and Advocacy Centre for Women, providing legal services for at-risk women in Victoria. Jill has a long career in community law serving those most vulnerable in society.

Former Justice of the High Court of Australia and human rights advocate, The Hon Michael Kirby AC CMG, will also be giving a special message.

Join the online celebration which is open to all in the legal profession, including students, friends and family of those who have been or are to be admitted in 2020 'on the papers'.

Please note: Closer to the date, all registered attendees will be sent a Microsoft Teams link to tune in to the live event.

Click here to register.

The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) are delighted that the Family Law Amendment (Risk Screening Protections) Bill 2020 was passed by the Australian Parliament on Monday 9 November 2020.

This legislation provides an important framework and enables the Courts to progress the very important new family-violence and risk screening initiative, the Lighthouse Project.

The Lighthouse Project is ground-breaking and innovative. It will allow the Courts to screen for risk and focus on public health and improved outcomes for families involved in the family law system.

The Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia, the Hon Will Alstergren said that this is a significant milestone in the progression of this critical project.

“The safety of children and families is the highest priority for our Courts. Our operations are centred on two key elements - risk and responsiveness. We are ensuring that family violence considerations are imbedded in all of our practice and procedure and the passing of this legislation now allows the Courts to implement a major project that is focussed on the safety of children and families.

“It is a pioneering project internationally, and has already been recognized by the QLD Government for its family violence initiatives.

“In addition, for the first time in 20 years, the Courts have successfully developed and introduced one harmonised form to be used across both Courts which provides people involved in a parenting case with a simplified way to provide information relating to risk—at the very beginning of the process. Issues may include (but is not limited to); child abuse, family violence, substance abuse and mental health, abduction and threats of harm, safety and wellbeing, and safety at court,” Chief Justice Alstergren added.

The Lighthouse Project team continues to undertake an extensive program of consultation and training with key stakeholders. For enquiries please email the Courts at: LighthouseProject@familycourt.gov.au.

More information about the project is here.

Details of the Bill are available from the website of Parliament House here.  

On Wednesday 11 November, the County Court released a revised version of the Recommencement of Melbourne Jury Trials Guide.

The revised version:

• clarifies the empanelment process for a legacy/non-upgraded courtroom, and
• amends the rapid testing protocol sections to emphasise this is a voluntary process.

The revised Guide is available on the Court’s website here.

Electronic document lodgement, known as eDocs, is being implemented at both Courts across Victoria from November through to January 2021. This is a preliminary first step being introduced as part of a broader new case management system that will be rolled out over the next few years. eDocs includes all jurisdictions across MCV and ChCV, excluding Child Protection. As well as responding to COVID-19 challenges impacting court operations, the eDocs Portal facilitates more timely and efficient interactions with the two courts by enabling legal practitioners and other external users to:

• Submit and manage case documents electronically
• View, track and download documents when needed
• Receive email notifications and updates when documents have been progressed, and
• Lodge payments and process refunds online (where relevant).

eDocs has a staged rollout process. Most forms you use to interact with the courts are included in the first release of eDocs. There are a small number of forms that are not included in the initial eDocs release, and may be included in future releases. 

As part of the eDocs Portal enrolment process, Court Services Victoria is creating eDocs Portal user accounts for all external parties to get you up and running in the new system.

The Courts will be in touch to obtain information to create your user account(s), on your behalf.

In the meantime, if you have any questions, view the Frequently Asked Questions here.

On 31 October, the Family Court of Australia and Federal Circuit Court of Australia implemented a new form – the Notice of Child Abuse, Family Violence or Risk.

The form harmonises the approach taken to risk notification in the Family Court of Australia and the Federal Circuit Court of Australia (the Courts).

The new form will replace and consolidate the three existing prescribed forms of the Courts:

• Notice of Risk
• Notice of Child Abuse, Family Violence or Risk of Family Violence (Current Case), and
• Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders).

while ensuring the Courts’ mandatory obligation to report allegations of child abuse, family violence or risks of child abuse or family violence is being fulfilled pursuant to sections 67Z – 67ZBB of the Family Law Act 1975 (Cth). The new form will assist in ensuring that families and their children receive appropriate and targeted intervention in the family law system.

The new form must be completed by all parties filing an Initiating Application, Response or Application for Consent Orders where a parenting order is sought from 31 October 2020.

The new form should be eFiled (along with other documents) wherever possible using the Commonwealth Courts Portal.

The form is available on both Family Court of Australia’s website here and Federal Circuit Court of Australia’s website here.

The Victorian Chapter of the Australian Academy of Forensic Sciences is pleased to invite you to join its Annual General Meeting and the final plenary presentation of the year.

Plenary Speaker:             Judge John Cain, State Coroner for Victoria

Date:                                    Tuesday 17 November 2020 from 6:00pm

Please click here to join the meeting.                                

Meeting ID: 886 0157 1302

Passcode: AAFS

Dial by your location: +61 3 7018 2005 Australia

Find your local number here.

Chair:                                The Hon. Justice John Champion

Judge John Cain will reflect on his first year as State Coroner including the most recent Practice Directions about deaths in custody and Indigenous deaths in custody.

John Cain was appointed State Coroner in October 2019, prior to which he was Victoria's Solicitor for Public Prosecution since November 2015.Judge Cain completed a Bachelor of Economics and a Bachelor of Law at Monash University before completing the Legal Professional Services Firm course at Harvard Business School in 2010. His legal career began at Maurice Blackburn in 1982, where he was appointed a partner in 1987 and then Managing Partner from 1991 to 2002. Between 2002 –2006, Judge Cain was CEO of the Law Institute of Victoria and became the Victorian Government Solicitor in 2006 until 2011, after which he became Managing Partner at Herbert Geer (now Thomson Geer).

Agenda

6:00pm                Introduction – Chair

6:10pm                Financial report – Treasurer

                             Election of Chapter Council Members

6:20pm                Presentation by Judge Cain

7:30pm                Meeting Close

Please contact the Australian Academy of Forensic Sciences if you have any questions about the event (aafs.vicchapter@gmail.com).

The International Bar Association (IBA) has embarked on a global project aimed at addressing the mental wellbeing of legal professionals around the world. To lead this work, IBA President Horacio Bernardes Neto has convened the IBA Wellbeing Taskforce, led by IBA Bar Issues Commission Officers, with assistance from the IBA Legal Policy & Research Unit

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.

The surveys are available to both IBA members and non-members, and can be completed in English or Spanish. The surveys are also anonymous, and take approximately ten minutes to complete.

Click here to complete the survey.

Resources

The Digital Bar Library provides access here to certain licensed resources, structured for ease of access.

In addition to that collection, publishers have made many titles available gratis during COVID restrictions. These are available here.

If you would like help accessing the content you need, or have a research query that you’d like assistance with, please fill in a library request form here.

The Library has launched its 2020-25 Strategic Plan. Please read about its truly digital library service here.

Events

The Library has a number of events coming up. You are welcome to register for any of the following sessions:

• Switch On… Personal Injuries is on Thursday 19 November, 1:15–1:45pm. Register here.
   
• Home-brewed Shakespeare – an end of year celebration in collaboration with Bottled Snail is on Monday 23 November, 5–6:00pm. Register here.

On Wednesday, 2 December, 9:30–11:00am, the Victoria Law Foundation presents The cost and value of access to justice. Access to justice is described as the most pressing justice issue of our time, and unmet legal need is a challenge the world over. VLF is delighted to announce its research network’s first international speaker, Professor Trevor Farrow – a leading Canadian (and international) expert on the administration of civil justice.

Click here for more information and to register.

This launch of the Castan Centre's report ‘Use of Force in Detention and Other Closed Environments’ is on Thursday 19 November, 4:45–6:00pm.

The report addresses concerns for the wellbeing, dignity and rights of persons in closed environments by reviewing relevant legal frameworks in light of international human rights standards. The report contains our recommendations for critical reforms needed to meet Australia's international human rights law obligations, and we highlight some additional concerns arising from the COVID-19 pandemic.

We focus specifically on (a) aged care homes; (b) disability care homes; (c) mental health facilities; (d) prisons; (e) juvenile detention centres; and (e) immigration detention centres.

A panel of experts from the above sectors are invited to discuss the report’s findings from the perspective of their respective sectors, followed by a Q&A session with questions from the audience.

Click here to learn more and register.

On 28 November, 9:00am–4:30pm (AEST), ADHD Foundation will be hosting a ‘first of its kind in Australia’ live broadcast conference, bringing together experts across mental health, education, justice and law from Australia and the United Kingdom.

The virtual conference aims to inform and raise awareness around the realities of ADHD, conduct disorders, substance abuse, related conditions and their management, whilst calling for a positive change within the Youth Justice System.

Click here to learn more.

Click here to register.

In October 2020, Francis Gurry concluded 35 years of service with the World Intellectual Property Organization - the last 12 as Director-General.

His achievements with WIPO include the design and implementation of the domain name dispute resolution system, the Beijing and Marrakesh copyright treaties, and the establishment of on-going programs on IP data collection and analysis, the world digital market, the challenges raised by artificial intelligence, and implementation of the Development Agenda.

This webinar on Wednesday 25 November, 6:00–7:30pm, features a free-flowing and candid discussion with Andrew Christie and Michael Caine, Dr Gurry will reflect on his 35 years of work within the United Nation’s multilateral system - and what the future holds for IP.

Click here to learn more and to register.