Resignation of Bar Council member
On Thursday 12 November 2020, Simon Marks QC announced his intention to resign from Bar Council. The resignation took effect on 13 November, when written notice was received, thus creating a casual vacancy on Bar Council.
On 14 November, as required by clause 43.1 of the Constitution, I contacted the person who had received the highest number of votes among the unsuccessful applicants in Category A and invited that person to fill the casual vacancy. On 15 November that invitation was declined.
The Executive of the Bar Council obtained the advice of The Hon. Susan Crennan AC QC in respect of the proper procedure to follow under the Constitution in the circumstances. At last night's meeting, the Bar Council resolved to accept that advice.
As a consequence, it will be necessary to conduct a by-election pursuant to clause 43.3 of the Constitution, so that a member can be elected to fill the vacancy. The Bar Council has resolved to hold that by-election immediately. I anticipate details will be provided on Monday.
Bar Council Meeting 19 November 2020
Last night was the first working meeting of the new Bar Council and there was a busy agenda. Prominent was consideration of the Nous report.
By a unanimous vote, the Bar Council determined to revoke the acceptance of large parts of the report by the previous Bar Council. Matters pertaining to the Readers' Course will thus remain in the control of the Readers' Course Committee under the very capable control of Dr Sue McNicol AM QC and Eugene Wheelahan QC.
A new Education Sub-committee has been formed to be chaired by Eugene Wheelahan QC. It will further review the Nous report. It will also consider the many wonderful submissions made by members of the Bar in relation to this issue. The aim will be to utilise all this information and liaise with other relevant committees to improve the Bar's educational offerings.
We have formed a 'Return to Court' working party to advocate for the re-opening of courts and the return of face-to-face hearings as soon as possible. We understand the difficulties, but also that this is a matter of real priority for many members whose practices have suffered badly during the Covid period.
As part of our commitment to transparency, it is our intention to give members a summary of the main issues discussed in all Bar Council meetings, so you know what your Bar Council is doing. A link for easy access to Bar Council minutes will be provided for members.
In addition to the above we last night also considered:
We congratulate Eddie Gisonda on his appointment as Honorary Secretary to the Bar Council and Joel Silver and Dr Robin Smith on their appointments as Assistant Honorary Secretaries. We thank the 13 members who expressed an interest in serving in these roles. Regrettably, there were no female applicants.
We thank the outgoing Honorary Secretary Katherine Brazenor and the Assistant Secretaries Kieran Hickie and Hadi Mazloum for their hard work and dedication over the last 12 months.
The Election Result
As part of our commitment to transparency and in light of uninformed speculation, the Bar Council has resolved to publish an abridged version of the results of the 2020 Victorian Bar Council Elections for members assistance in understanding the results.
The following is a summary of the results of the recent election:
Category A: Silks or junior counsel of not less than 15 years' standing.
1066 | Dr Suzanne (Sue) Bridget McNicol AM QC
938 | Mr Oliver Paul Holdenson QC
924 | Ms Róisín N Annesley QC
869 | Mr Simon Edward Marks QC
860 | Dr Ian Richard Lloyd Freckelton QC
822 | Ms Helen Mary Joan Rofe QC
821 | Ms Mary Anne Hartley QC
796 | Mr Eugene Wheelahan QC
735 | Mr Christopher John Blanden QC
652 | Mr Paul James Hayes QC
637 | Mr Darryl J Burnett
The candidate with the next highest number of votes received 417 votes.
Total ballots submitted: 1508
Category B: Junior counsel of not less than 6 or more than 15 years' standing.
871 | Ms Nawaar Hassan
783 | Mr Paul Kounnas
780 | Ms Amy Wood
765 | Mr Benjamin John Murphy
713 | Mr Ben Jellis
709 | Ms Robyn Sweet
The candidate with the next highest number of votes received 407 votes.
Total ballots submitted: 1485
Category C: Junior counsel of less than 6 years' standing.
794 | Mrs Roshena Campbell
759 | Miss Lana Collaris
742 | Mr Lachlan Molesworth
731 | Mr Nicholas J Phillpott
The candidate with the next highest number of votes received 287 votes.
Total ballots submitted: 1448
As previously noted, this year's election attracted a voter turnout of approximately 70% of those eligible to vote, the highest in the Victorian Bar's recent history, and a very substantial increase compared to the previous election.
The New Silks
On a personal note, on Wednesday, I was absolutely delighted to have as my first public function as President, the announcement of the new silks to the Supreme, Federal and Family Courts. Although the spectacle was diminished somewhat because of the virtual nature of the proceedings, the importance and excitement were in no way reduced. My congratulations to all the new silks for their outstanding achievement in trying circumstances.
The members of the Bar Council are keenly aware that the next 12 months is likely to present many challenges for our Bar. We believe with hard work and a continued commitment to the values that resulted in our election, we can meet those challenges.
Regards,
Christopher Blanden QC
President
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.
On Wednesday 18 November, the Federal Court of Australia, Family Court of Australia and the Supreme Court of Victoria held virtual ceremonial sittings to receive the appointment of the following new Senior Counsel for Victoria:
Donald Farrands S.C.
Patrick Bourke S.C.
Peter Fary S.C.
Timothy Puckey S.C.
Julianne Jaques S.C.
Lisa Hannon S.C.
Patrick Wheelahan S.C.
Justin Graham S.C.
Peter Wallis S.C.
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Megan Tittensor S.C.
Alistair Pound S.C.
Paul Vout S.C.
Sandro Goubran S.C.
Christopher Carr S.C.
Daniel McInerney S.C.
Georgina Coghlan S.C.
Elizabeth Ruddle S.C.
Benno Ihle S.C.
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The Victorian Bar congratulates our new Senior Counsel – their hard work, dedication and contribution to the community have culminated in these well-deserved appointments.
We wish the new Senior Counsel well as they embark on the next stage of their remarkable careers.
For those who missed the online ceremony, please see the screenshots below. The Remarks of the Hon. Chief Justice Ferguson of the Supreme Court of Victoria is available to read here.
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:
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:
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:
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.
Through the pandemic, the Bar has been helping to promote the research efforts of Associate Professor Genevieve Grant, Director of the Australian Centre for Justice Innovation in the Law Faculty at Monash University. She has interviewed a number of barristers and solicitors about their experiences of virtual hearings.
On Thursday 3 December at 4:30–5:30pm, Assoc. Prof. Grant will present her findings, and will engage in discussion with a panel of distinguished guests from the profession about:
The panel will include The Honourable Justice Rita Incerti of the Supreme Court of Victoria and Claire Harris QC, President of the Commercial Bar Association.
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.
For more upcoming CPD events, please visit our listings 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:
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.
For a tour by the artists of their beautiful works on display, please watch this video.
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.
Dear Essoign Club Members,
We are open daily from 7:00am – till late.
Breakfast – see our Breakfast Menu here for dine-in or takeaway.
Lunch – available for dine-in, take away or delivery.
Lunch Dine-In – see our A La Carte Menu here for dining in.
Bar – open till late with light snacks available.
Come in and enjoy all your favourites, wine or something higher up the bar shelf.
Grab a snack or some lunch in the Cafe, or come in and enjoy our new A La Carte Lunch Menu.
All of us at the Essoign Club look forward to having you all back in the Club to continue sharing stories, laughs and giving support to all fellow members.
We appreciate your ongoing support and hope to see you in the Club soon.
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 Monday 16 November, the County Court published:
On Thursday 19 November, the County Court published a revised version of the Recommencement of Melbourne Jury Trials Guide, which includes these amendments:
The revised Guide is available on the Court’s website here.
On Thursday 19 November, the County Court published a Criminal Division update, which includes information regarding:
The revised Criminal Division update is available on the Court’s website here.
The Magistrates’ Court has updated its practitioner advice concerning the Electronic Filing of Civil Documents to ensure a ‘proper venue’ is specified in any exchanged information.
The addition of a ‘proper venue’ requirement is made pursuant to Order 4 of the Magistrates’ Court General Civil Procedure Rules 2020 (the Rules), which came into operation on 25 October 2020.
The updated practitioner advice is available here.
The relevant changes are as follows:
“Lawyers are reminded that pursuant to Order 4 of the Rules, the proper venue of the Court must be specified.
If the proper venue is not specified, the document may be rejected or the proceeding may be transferred to the proper venue of the Court as determined by the Registrar from the information contained in the filed document.”
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.
Events
The Law Library of Victoria and BottledSnail Productions present a special virtual play reading – Home-brewed Shakespeare.
Join them for an end of year reading of scenes from 'Shakespeare's Lovers in Comedy', performed by members of BottledSnail Productions on Monday 23 November, 5:30–6:30pm.
The rehearsed reading is directed by the Artistic Director of BottledSnail Productions, Nicky Neville-Jones, who also directed the company's 2019 major theatrical production of The Laramie Project at Chapel Off Chapel.
Register here.
On Wednesday 2 December at 2–3:00pm, Women's Legal Service Victoria invites you to a special event – Safety & Equality: The justice system's role in addressing violence against women. This webinar is part of 16 Days of Activism against Gender-Based Violence.
Hear from Lauren Callaway, Nicole Lee and Dr Helen Szoke AO, as they discuss critical safety and equality issues in Victoria's legal and justice system.
The interactive panel discussion will explore:
Click here to learn more and to register.
Family and domestic violence doesn’t discriminate. It exists across Australia, and happens across all diverse communities, socio-economic groups and cultural backgrounds.
As part of this session on Tuesday 24 November, 3–4:30pm, AGL Energy Executive General Manager Strategy & Corporate Development, Joao Segorbe will invite Dr Virginia Mapedzahama, Senior Research Officer at Australia’s National Research Organisation for Women’s Safety (ANROWS) to outline research on the differing impacts of domestic and family violence on women with intersecting backgrounds.
To view 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 learn more about this webinar and register here.
This webinar will discuss the Italici project, which is designed to promote and facilitate a global network of all persons interested in things Italian. The session will feature distinguished speakers from Italy, the USA and Australia, including a paper from an Italian Professor of Law on the topic "italics and legal anthropologies".
The featured distinguished speakers are: The Hon GT Pagone, Francis Donnarumma, Piero Basetti and Carlo Gamberino.
This is free event is on Friday 11 December, 8–9:00am. To register and obtain zoom details, please contact Joseph Carbone, Secretary of AILA, via email australianitalianlawyers@gmail.com or by phone on 0409 090 090.
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.
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 conversation with Francis Gurry - Intellectual Property’s past, present and future
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.
Untapped: the Australian Literary Heritage Project
You are invited to attend the launch of the Australian Literary Heritage Project hosted by The Honourable Justice Julie Dodds-Streeton QC on Tuesday 24 November, 6–7:00pm
Australia has a rich and diverse literary heritage - but much of it is out of print and unavailable to buy or borrow. Many acclaimed novels, powerful poetry collections, ground-breaking plays, award-winning histories and beloved children’s books are no longer considered commercially viable by publishers. Yet they have enormous cultural value and should be available and accessible to readers. The project is not limited to literary works - its scope will extend to out-of-print legal works, which may be of interest to barristers for practical, historical or intellectual reasons.
The seminar will also canvass topics of copyright law, in which barristers practising in IP may have an interest.
Join the webinar to hear how a collective of libraries, authors and researchers are working together to digitise important Australian books to make them available for lending. Hear about the lost culture this work is reclaiming, and how it will support arts workers affected by COVID. You will be able to nominate your favourite lost works that you think should be brought back to life!
Click here to learn more and register.
LAWASIA, together with The Law Society of Hong Kong have the great pleasure to announce their upcoming collaboration: National Security Law for Hong Kong - Balancing Public Order and Civil Liberties on Thursday 26 November 2020 from 5–7:00pm (AEDT).
They warmly invite their members and friends to join them for this unique two-hour program, as they explore pertinent issues arising in Hong Kong since the implementation of the National Security Law.
In this first joint webinar by LAWASIA and The Law Society of Hong Kong, experts from both organisations and eminent speakers from across the region will debate on the impact of the National Security Law and deliver valuable insights and views surroundings this law.
Click here to learn more and register.
The Federal Court is looking to recruit Judicial Registrars with significant experience in migration litigation to increase the specialist legal capability and registrar support available to judges. The roles are suitable for Senior Associate level lawyers and will expose candidates to all aspects of the migration jurisdiction, while offering an enviable work environment within a national superior Court.
The Federal Court is also looking for capable lawyers primarily to support its Judicial Registrars in the migration jurisdiction. A number of positions are available nationally that would suit lawyers with approximately 2 years PAE.
For more information on these roles, including how to apply, please refer to the Court’s website here. Positions close Friday, 20 November 2020 at 11:55pm.
The Chief Magistrate of the Magistrates’ Court of Victoria seeks expressions of interest (EOI) from qualified persons for appointment as a Judicial Registrar of the Magistrates' Court of Victoria.
Judicial Registrars are appointed in a fixed term capacity by the Governor in Council on the recommendation of the Attorney-General. The position includes an attractive remuneration package.
Please see the EOI document here with further information about the position. All EOIs are treated confidentially and may be drawn upon on an ongoing basis as future vacancies arise.
Expressions of interest, to be marked ‘Private and Confidential’, should include a resume, a short covering letter outlining your interest in the role and details of appropriate professional and personal referees. They should be emailed to johanna.a.begbie@courts.vic.gov.au.
Click here for more information.
Applications must be received by close of business Sunday, 29 November 2020.