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In Brief Issue #998
19Feb
Thankfully, we have emerged from the recent lockdown on schedule and the Courts and Chambers have reopened. Online hearings largely continued uninterrupted.
Bar Council
One of the matters discussed by the Bar Council last night was whether to again postpone the Bar Dinner, currently scheduled for Friday, 21 May 2021. As members will be aware, last year's dinner was postponed from May to October and then again to its current date. Notwithstanding that there are still uncertainties, and after some debate, the majority view was that we should maintain the current date. As this will be the first significant social event for barristers for two years, I would ask that you all put the date in your diary and give your support. The Bar will provide further updates closer to the event.
We have also decided to introduce a dedicated web page for Bar Council Minutes, accessible through the website's members section here. This will be in addition to the link referenced by accessing In Brief. Members should be aware that there is inevitably some delay in this process, as the Minutes first need to be approved and then redacted (for privacy reasons) before they can be posted.
On a personal note, I attended the Memorial Service for the Hon Barry Beach AM QC yesterday afternoon (postponed from Tuesday). There was a large attendance of both past and current members of the Bench and Bar, as was absolutely fitting in the circumstances. It did cause me to reflect, however, that the Bar has lost a number of iconic members in the last 12 months or so, who we have been unable to honour collectively. Of course, that is an unavoidable consequence of current circumstances, but the unfortunate result is that appropriate recognition has not always been forthcoming. It is appropriate that members recognise the service of all those past members and their contributions to our Bar.
Christopher Blanden QC
The Health and Wellbeing Portal is an important new initiative by the Victorian Bar to help barristers, their family, and colleagues, find dedicated information and resources about addressing their own, and their colleagues, mental health and wellbeing.
Please join us on Wednesday, 24 February, 5–6:00pm, as we take a tour of the portal, hear about the steps that the Victorian Legal Services Board + Commissioner has taken to support mental health and wellbeing in the legal profession, and learn about the importance of maintaining mental health and wellbeing throughout your career at the Bar. The Victorian Bar acknowledges the financial assistance of the Victorian Legal Services Board + Commissioner in developing the portal. Refreshments will be served.
This event will be held in-person on Level 1, Owen Dixon Chambers East.
Speakers:
- Sally Flynn QC (Chair, Health & Wellbeing Committee)
- Fiona McLeay (Victorian Legal Services Commissioner)
- Chris McDermott (Barrister and Deputy Chair of Mental Health Victoria)
Click here to register.
The Victorian Bar is hosting a Premium Photography session for barristers interested in refreshing their profile photo.
The photography session will take place on two days, Monday, 22 February and Tuesday, 23 February in the Neil McPhee Room (Level 1, Owen Dixon Chambers East).
Sessions cost $60 (inc GST) per person. The price includes a ten-minute one-on-one profile photo session with a professional photographer and post-shoot colour correction and image processing. You will be supplied with both colour and black and white versions of your preferred shot (chosen on the day of the shoot) in high resolution.
To book your timeslot, please click here.
The 2021 Victorian Bar Dinner will be held at the Plaza Ballroom on Friday, 21 May 2021. Be sure to keep the date free in your diary.
Law Week is scheduled for Monday, 17 May to Sunday, 23 May 2021.
The Victoria Law Foundation is now accepting proposals for events.
The Victorian Bar is a sponsor of Law Week and we are seeking members interested in hosting an event during Law Week.
If you have a great idea for an event that will improve the Victorian community’s understanding of the law or the legal system, let us know by emailing VicBar Office at communications@vicbar.com.au.
The Victorian Bar has a proud culture and tradition of providing pro bono assistance. Many of us know of colleagues who make an outstanding contribution representing parties on a pro bono basis. Please consider nominating them for the Victorian Bar Pro Bono Awards for pro bono work provided during 2019 and 2020.
The nomination form available here contains more information about the Awards and categories.
Nominations close Wednesday, 31 March 2021.
The Awards ceremony is scheduled for Wednesday, 5 May 2021.
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.
- See What You Made Me Do - Power, Control and Domestic Abuse and the Family Law system - a conversation with Jess Hill is on Thursday, 25 February, 5:30–6:30pm. In this CPD webinar, Jess Hill, an award-winning investigative journalist and author of the 2020 Stella prize-winning book “See What You Made Me Do”, will discuss her findings and views on improving the family law system to protect victims of domestic abuse. This event is online only. Click here to register.
- Mental Health and Wellbeing at the Bar – Launch of the Victorian Bar Health and Wellbeing Portal is on Wednesday, 24 February, 5–6:00pm. The Health and Wellbeing Portal is an important new initiative by the Victorian Bar to help barristers, their family and colleagues, find dedicated information and resources about addressing their own, and their colleagues, mental health and wellbeing. This seminar will be held at the Neil McPhee Room, Level 1, Owen Dixon Chambers East. Click here to register.
- Confidentiality and Admissibility of Statements Made at and Documents Produced for Mediation is on Monday 1 March, 5–6:00pm. This seminar will outline the ethical duties of Lawyers and Mediators, the essential do's and don'ts before, during and after mediation, including the subtle nuances that can ensure confidentiality is protected. This seminar will be held at the Neil McPhee Room, Level 1, Owen Dixon Chambers East. Click here to register.
For more upcoming CPD events, please visit our listings here.
The Peter O’Callaghan QC Gallery is proud to participate in PHOTO 2021, a biennial celebration of photography taking place throughout Melbourne and regional Victoria from Thursday, 18 February to Sunday, 7 March 2021. This year’s theme is Truth. Pieter Henket’s Congo Tales will be on display in the Gallery from Monday, 8 February 2021. Take a moment to admire these luminous works. You can read about the Congo Tales suite here.
BCL recently published updates in relation to its rent relief response, safety in chambers, and FY 2020 annual report:
Studio 11 – Always Worth a Look has now installed its exciting New Year solo Exhibition by Alexandra Copeland on level 11 Owen Dixon Chambers East. The Exhibition comprises 25 delightful, robust pieces that reflect a lifetime’s work in ceramics.
The Exhibition has been extended to 5:00pm Thursday, 4 March 2021. All ceramic works are available for purchase.
Click here for the works sheet.
Click here for the artist’s statement.
Treat yourself to a visit. Everyone is welcome.
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 – Daily Café Menu takeaway or delivery.
Lunch dine-in – See our A La Carte Menu here for dining in.
Bar – Open till late with light snacks available.
Catering & Events – Special lunches, working lunches, private dinners or something special you may have in mind. Email us at essoign@vicbar.com.au.
We appreciate your ongoing support and look forward to seeing you in the Club.
Time: 1:15–2:15pm on Wednesdays via Zoom.
Dates: The choir will meet for an eight-week term, starting 10 February to 31 March 2021.
Cost: $30 a week (casual – fee relief readily available) – $240 a term, free trial session.
For more information, contact Emma Swart on 0411 239 278 or eswart@vicbar.com.au.
The Federal Court is pleased to announce the following new judicial registrar appointments:
- Alison Legge has been appointed as a Senior National Judicial Registrar and National Operations Registrar.
- Christian Carney and Coenraad van der Westhuizen have been appointed as Judicial Registrars – Migration.
Further information about the appointments can be found on the Federal Court website.
The ABA has launched a new communication from ABA President, Matthew Howard SC. You can read the first edition of The National Brief about the priorities of the ABA in 2021, and including the first in the ABA podcast series about steps the profession needs to take to eliminate sexual harassment and support a culture of respect and diversity, here.
The Victorian courts and VCAT have by-and-large resumed the arrangements that were in place before the COVID-19 circuit breaker restrictions.
The County Court has published consolidated information on changes to operations in response to COVID-19 across its Criminal, Common Law, and Commercial Divisions. The Court’s Registry is operational, but face-to-face services are limited. Click here for more information.
For up-to-date information about the Courts’ responses, please visit their websites:
The Victorian Sentencing Manual has been updated to include a new Chapter 26 - Other offences against the person. Offences include:
- Kidnapping, false imprisonment and child stealing
- Blackmail, extortion, and threats, and
- Endangerment offences.
Find out more here.
The Digital Bar Library provides access here to certain licensed resources, structured for ease of access.
Practise with confidence with free access to the Digital Bar Library.
Available 24/7 online, the Law Library of Victoria gives you access to expert content, including legal resources, judgments, journals and analysis. Our authoritative, world-class collection will put you at the forefront of the legal community and will support you to offer the best advice available. We can support barristers with personalised librarian research assistance and support professionals working in any location thanks to our 100% online service.
Submit your next research request here.
The Australian Academy of Law (AAL) will be holding an event on Monday, 22 February 2021 at 5:00pm on the Regulatory Enforcement of Directors’ Obligations.
The event is held in association with the New South Wales Bar Association. AAL is grateful to Mr Tim Game SC, Ms Anna Mitchelmore SC and Mr Michael Izzo SC, for their ideas and assistance.
The speakers will focus on issues in trials where corporate and individual respondents are sued; the privilege against self-incrimination; reducing the overlap between proceedings for criminal offences and civil penalties, and the forensic and ethical aspects of the constitution of proceedings the international context.
For more information and to register, click here.
Jointly organised by LAWASIA, the Commonwealth Lawyers Association, Law Council of Australia and the South Pacific Lawyers Association, the series will run for four weeks, every Thursday from 18 February to 11 March 2021.
Registration is complimentary, and LAWASIA members, friends and supporters are encouraged to attend the webinars on offer.
- Loss of Majority in Parliament & Forming a New Government: The Guiding Constitutional Principles and Conventions is on Thursday, 25 February 2021 at 4:30–6:00pm AEST. Learn more and register here.
- Constitutional Breakdowns, Coups, Crises and Disruptions: Experiences from the Commonwealth is on Thursday, 4 March 2021 at 4:30–6:00pm AEST. Learn more and register here.
- The Role of Law Associations in Promoting the Rule of Law (Law Council of Australia) is on Thursday, 11 March 2021 at 4:30–6:00 AEST. Learn more and register here.
More information about the series is here.
The 2021 Chartered Institute of Arbitrators (Australia) Accelerated Route to Membership course will be delivered virtually on Saturday, 13 March and Monday, 15 March 2021.
Registrations are now open.
This course is a pathway to Membership to CIArb. CIArb accreditation carries a global qualification in the growing practice of arbitration.
The course is delivered for two virtual days. The exam is accessible remotely through CIArb’s virtual learning platform, LearnADR. On successful completion of the course, candidates will be eligible to apply for Member grade of CIArb and to progress to Fellow grade membership status by completing Module 3 (Award Writing course). Module 3 will be offered in the second half of 2021 to enable candidates to progress to Fellow grade membership by the end of the calendar year.
The course fee per person is AU$2,815 (inc. GST), which includes access to CIArb’s virtual learning platforms, course materials and exam assessment fee.
Places are strictly limited and will close by the close of business on Monday, 22 February 2021.
For full details and registration, please click here.
Please note this is the only CIArb Australia Accelerated Route to Membership course to be conducted in 2021.
This seminar is being held in conjunction with the Federal Court of Australia, Commercial Bar Association of Victoria, the Victorian Bar and Monash University Centre for Commercial Law and Regulatory Studies.
In the decade since the commencement of the Competition and Consumer Act, competition and consumer issues have gained prominence in an ever-changing world. This expert panel, with significant experience in administering, advising on, and resolving disputes under, the Act, will share their vast experience and give an insight into their expectations for the next decade in the operation of the Act.
Join the following speakers in the online seminar Reflections on the 10th Anniversary of the Competition and Consumer Act 2010 on Wednesday, 3 March 2021:
Speakers
- Chair: The Hon Justice John Middleton, Judge of the Federal Court of Australia and President of the Competition Tribunal
- Rod Sims, Chairman, ACCC, and
- Neil Young QC, Victorian Bar.
Register here.
ODR Practitioner's Certificate – Be recognised as an international online dispute resolution practitioner with this first-of-its-kind programme in Australia. For more information, click here.
The Supreme Court of Victoria is seeking a motivated and experienced lawyer to play a key role in managing cases in the Common Law Division’s Judicial Review and Appeals (JRA) and Valuation Compensation and Planning (VCP) Lists.
The successful candidate for this Senior Lawyer role will be a leading member of a small team providing expert legal and procedural support to judicial officers in the Common Law Division of the Supreme Court in order to promote just, efficient, timely and cost-effective resolution of proceedings.
The role involves the end-to-end case management of a large volume of complex cases within the Court’s supervisory jurisdiction in relation to the conduct or decisions of lower courts, tribunals and other external persons or bodies. It also involves the management and supervision of junior lawyers undertaking a similar role, participation in projects, and the refinement of Court processes and policies.
The Position Description is available here.
For more information and to apply, click here.
Expressions of Interest are sought from members to be nominated to serve as the Bar representative on the Board of the Australian Centre for International Commercial Arbitration (ACICA).
The Victorian Bar is a corporate member of ACICA. The ACICA Constitution requires the reappointment (or retirement) of Directors nominated by corporate members on a four-year basis. The Board holds quarterly meetings.
The Australian Centre for International Commercial Arbitration (ACICA) is Australia’s international dispute resolution institution. ACICA was established in 1985 as an independent, not-for-profit organisation, and its objective is to promote and facilitate the efficient resolution of commercial disputes throughout Australia and internationally by arbitration and mediation, with the aim of delivering expediency and neutrality of process, the enforceability of outcome and commercial privacy to parties in dispute.
ACICA actively engages with the arbitration and mediation community throughout Australia and around the globe, through a number of working committees.
More information about ACICA can be found here.
Expressions of Interest will be considered by the Bar Council, in accordance with the Victorian Bar’s external appointments protocol.
Please send your Expression of Interest, together with a copy of your CV by email to denise.bennett@vicbar.com.au. In the email, please set out:
- your expertise that is relevant to the general attributes of the role
- your previous contribution to or involvement with the Board, if applicable, and
- in the case of members seeking reappointment, the length of time already served.
The information provided will assist the Bar Council to select the best candidate for the position.
The closing date for Expressions of Interest is 4:00pm, Monday, 22 February 2021.
Expressions of Interest are sought from members to serve as a Bar representative on the LIV-AMA-VicBar Medico-Legal Committee.
The committee deals with a range of issues of mutual concern to the medical and legal professions, including issues arising from the proposed legislation practice in respect of the obtaining of medical reports and records and the attendances of medical practitioners to give evidence. The committee meets approximately four times per year.
Expressions of Interest will be considered by the Bar Council, in accordance with the Victorian Bar’s external appointments protocol.
Please send your Expression of Interest, together with a copy of your CV by email to denise.bennett@vicbar.com.au. In the email, please set out:
- your expertise that is relevant to the general attributes of the role
- your previous contribution to or involvement with the committee, if applicable, and
- in the case of members seeking reappointment, the length of time already served.
The information provided will assist the Bar Council to select the best candidate for the position.
The closing date for Expressions of Interest is 4:00pm, Monday, 22 February 2021.
If you would like to contribute relevant news, events and updates for barristers and the legal profession to In Brief, please send an email with your content to inbrief@vicbar.com.au or complete this submission form.
Deadline for the next issue:5pm, 25th February 2021