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In Brief Issue #991
27Nov
Essoign Club
Members will no doubt be pleased to hear that preliminary discussions have commenced with the Essoign Club Committee in relation to the renewal of the Club’s lease in July next year. The discussions will be wide-ranging and cover all aspects of the Club, including its presentation and attractiveness to all members of the Bar.
Return to Chambers
The Statement from the Premier of 22 November 2020 has foreshadowed that from 30 November 2020, ‘up to 25 per cent of workers will be able to attend onsite’ and that employers will nominate those who are to attend. Unfortunately, the text of the directions that will apply from 30 November 2020 has not yet been published.
However, given the directions currently in force, we do not expect the foreshadowed 25% limit to affect barristers.
As neither the Victorian Bar nor BCL employs barristers, and each barrister operates their own business and has control of their own leased chambers, the Victorian Bar and BCL do not dictate each barrister’s return to Chambers. Each barrister may return to Chambers at the time that their own personal circumstances meet the threshold published in the directions in force at the time.
The directions which currently affect a barrister’s return to Chambers are the Stay Safe (Victoria) Directions (No 2) and the Workplace Directions (No 10). You can find the full text of these directions at the DHHS website here.
Clause 6 of the Stay Safe (Victoria) Directions (No 2) currently provides that:
A person who ordinarily resides in the State of Victoria may leave the premises where they ordinarily reside to attend work (whether paid or voluntary, including for charitable or religious purposes) if it is not reasonably practicable for the person to do so from those premises.
The phrase ‘reasonably practicable’ is defined to have its ordinary and common-sense meaning. Whether it is ‘reasonably practicable’ for any individual barrister to work from home will depend on their own circumstances such as the availability of a suitable work area at home, the presence of children or their internet connection.
The Workplace Directions (No 10) impose additional requirements on ‘employers’. An ‘employer’ means ‘a person who owns, operates or controls Work Premises (or a Work Premises) and includes a person who is self-employed’.
Work Premises relevantly means ‘the premises of an employer in which work is undertaken’.
It, therefore, appears that each barrister, being a person who operates or controls the individual Chambers which they have leased, is their own ‘employer’.
For that reason, and assuming that the definitions of ‘employer’ and ‘Work Premises’ do not change, we do not expect the 25% staff limit to have much of an impact on barristers as each barrister individually does not employ a large number of people, if any.
Clause 6(11) of Workplace Directions (No 10) does currently impose a density quotient on shared spaces (such as tea rooms or print rooms) or publicly accessible spaces which limits the number of people who may be in there at any one time, but these do not apply to individual Chambers which are not shared. Where Chambers are shared, the density quotient means that only one person per 4 square metres of space may be present at the same time. Barristers who share Chambers will need to manage this between themselves if the size of the Chambers does not accommodate the density quotient. BCL will be responsible for managing use of the shared facilities.
We have provided this information for your assistance, but whether attendance in Chambers is permitted in your particular circumstances is, of course, a matter of legal interpretation of the relevant directions. Each barrister is responsible for reading them and forming their own conclusions about whether attendance is permitted in their particular circumstances.
We hope this information has assisted you. We will provide further information to members once it is published.
Return to Court
Yesterday afternoon I had a discussion with the Chief Magistrate, Her Honour Judge Lisa Hannan, about the extensive efforts that the Court is making to increase the number of matters dealt with, given current restrictions. Despite some inevitable hiccups, the Court has recently increased the numbers substantially. Her Honour stressed there are things that members of the Bar can do to assist both themselves and the Court. Use of the Court’s EFAS system is highly recommended, rather than contact by email. This Monday, 30 November 2020, the Court will hold a virtual ‘Town Hall’ meeting and I would encourage all members who appear in the Magistrates’ Court, to attend.
By-Election
May I apologise to members for the short delay that has occurred in holding the by-election. This has been caused by an administrative difficulty beyond our control. Nominations should open early next week.
Christopher Blanden QC
On 25 November, the Victorian Government announced the appointment of Kathleen Foley, member of the Victorian Bar, to the Victorian Law Reform Commission (VLRC) to assist in a review of the state’s laws relating to sexual offences.
The Victorian Bar congratulates Kathleen Foley on her appointment to the VLRC to assist in the review of the state’s laws relating to rape, sexual assault and associated adult and child sexual offences in order to improve processes and reduce the trauma experienced by victims.
Kathleen Foley signed the Bar Roll in May 2009 and has since built a substantial trial and appellate practice. For more information about Kathleen Foley, you can view her Victorian Bar profile here.
The Victorian Government’s media release on the appointment is here.
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 impacts on practice, advocacy and access to justice,
- factors that promote and hinder success, and
- the future of remote hearings.
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.
- Offenders with an Intellectual Disability is on Tuesday 1 December, 4–5:00pm. This session will examine what an intellectual disability is, how it's diagnosed, testing protocols and what services are available. Click here to register.
- The Maze of Economic Loss in Personal Injury is on Wednesday 2 December, 5–6:00pm. This session will discuss CPI increases, salary packaging, use of expert reports, application of actuarial tables and discounts, Fox v Wood and relevant recent cases. Click here to register.
- In Conversation about Remote Civil Justice in Australia is on Thursday 3 December at 4:30–5:30pm. Associate Professor Genevieve Grant, Director of the Australian Centre for Justice Innovation in the Law Faculty at Monash University, will present her research findings following interviews with barristers about remote justice in Australia. This will be followed by a panel discussion with distinguished guests, The Honourable Justice Rita Incerti of the Supreme Court of Victoria and Claire Harris QC, President of the Commercial Bar Association. The findings and discussion will focus on the impacts on practice, advocacy and access to justice; factors that promote and hinder success, and the future of remote hearings. Click here to register.
- Commissioner of Taxation v Glencore – The Full Court Decision is on Monday 7 December, 5:15–6:15pm. In this session, the speakers will consider the implications arising from this important decision. Click here to register.
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:
- 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.
The Richard Griffith Library, Level 1, Owen Dixon Chambers East is now open.
Members are asked to practise social distancing when visiting the library and to use the hand sanitiser provided when entering and leaving the library.
Additional cleaning measures have also been implemented for the safety of library visitors.
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:
- 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.
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 – see our Daily Café Menu for takeaway or delivery.
Lunch Dine-In – see our A La Carte Menu here for dining in.
Bar – open till late with light snacks available.
Art Exhibition – Come in and see our latest art exhibition currently being showcased in the club by artist by Salvatore Trigila.
End of year celebrations – Special lunches private dinners or something special you may have in mind. Email us at essoign@vicbar.com.au.
We appreciate your ongoing support and hope to see you in the Club soon.
On Tuesday 17 November, the Federal Court published Practice Information Note APP 1: Case Management of Full Court and Appellate Matters, which is now available on the Federal Court’s website here.
On Monday 16 November, the County Court published:
- Commercial Division response to coronavirus COVID-19, which is available here.
- Common Law Division: Arrangements and expectations during coronavirus (COVID-19) restrictions, which is available here.
- Guide for the Onsite Attendance of the Profession and Court Users, which is available here.
On Thursday 19 November, the County Court published a revised version of the Recommencement of Melbourne Jury Trials Guide, which includes these amendments:
- instructs counsel to not use the ‘Associate only’ area in the centre of the bar table during empanelment
- explicitly describes the movement of instructing solicitors from the jury pool room to the trial courtroom after the taking of excuses, prior to striking the jury
- re-names ‘rapid testing protocol’ to ‘expedited testing protocol’ to differentiate from COVID-19 ‘rapid antigen’ testing, and
- further information on the availability and use of face shields by in-person witnesses.
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:
- pre-COVID January to July 2021 trial dates
- case management of Term 1, 2021 trials (trial readiness conference, trial readiness certificate and floating list)
- management of cases that did not apply for Emergency Case Management
- staggered Court sitting times for non-trial work
- remote hearings – Zoom and WebEx, and
- confirmation of media playback.
The revised Criminal Division update is available on the Court’s website here.
On 24 November, the County Court Criminal Division published issued its latest newsletter, which is available 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.”
The Australian Institute of Judicial Administration (AIJA) is a research and educational institute. The principal objectives of AIJA include research into judicial administration and the development and conduct of educational programmes for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems.
The AIJA produces a regular newsletter, the most recent of which is available to read here.
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 Victoria Law Foundation is accepting applications for legal projects with budgets up to $5000 through its Small Grants program. Applications for Community Legal Grants up to $20,000 will be accepted from 1 December 2020 for projects that improve community understanding of civil legal issues where there is a demonstrated community need.
To learn more about these grants, visit the Victoria Law Foundation website here.
We are very pleased to announce that we are scheduling our first 6-Day National Mediator Accreditation Online Workshop for 2021. This will give successfully assessed students a chance to get nationally accredited early in the new year.
Here's when it is happening:
- January 27–29 and February 1–3.
- Mon to Wed, 9:00am–5:00pm.
What you should know:
- It is a 6-day program delivered online.
- You will get the chance to role-play conflict scenarios, working on your newly learned mediator knowledge and skills.
- Coach's one on one feedback and guidance.
- Assessment on Day 6.
Click here for more information on the course.
If you are interested and want to book an early spot, please contact us on 0412 108 390 or email us at contact@cynglerconsulting.com.
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.
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 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:
- Gender inequality in legal and justice workplaces
- Barriers to justice for victim-survivors of gender-based violence, and
- What we can do to bring about change.
Click here to learn more and to register.
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.
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.
The Court is seeking Expressions of Interest (EOI) for Judges' Associate positions within the Court. Through the EOI process, the Court is looking to fill future vacancies.
As a Judge's Associate you will have an exciting opportunity to gain valuable experience in the Court environment and develop an understanding of court processes and procedures. Judges' Associates liaise extensively with the legal profession and observe the work of advocates and the judiciary. The role will enable you to gain a thorough working knowledge of legal principles and legislation in a dynamic and sensitive environment.
As a Judge's Associate you will be part of a dedicated team charged with the responsibility of supporting a Judge in chambers and in court. You will undertake interesting and varied work, including legal research work. You will gain experience and knowledge of the inner workings of the Court.
Associates may be required to accompany their Judge to circuit courts which will involve residing outside of Melbourne at one of twelve major regional centres for approximately eight weeks each year.
EOIs close midnight, Sunday 6 December 2020.
For more information and to register your interest, please click here.
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.
Deadline for the next issue:5pm, 3rd December 2020