In Brief Issue #1058

27May
Róisín Annesley QC
President

A Special General Meeting of the Victorian Bar will be held at 5:00pm on Thursday, 16 June 2022. The purpose of the meeting is to vote to approve an amendment to the Bar’s Constitution. The amendment aims to ensure greater representation on Bar Council of members who are not less than 15 years call but are not Senior Counsel. Further information is available in the notice below.

On Thursday, I had the privilege of welcoming Judge Kate Hawkins on her appointment to the County Court.  Next week there are five Welcome ceremonies which members may wish to attend:

Tuesday 31 May 2022

  • The Hon. Justice Stephen O’Meara to the Supreme Court of Victoria at 9:15am;
  • Their Honours Judges Paul Glass, Alison Burt and Amanda Mansini to the Federal Circuit and Family Court of Australia at 4:30pm.

Thursday 2 June 2022

  • His Honour Judge Simon Moglia of the County Court of Victoria at 9:15am

Details of the welcomes are set out below.

I wish to thank those members who contributed to the Public Solicitors Office (PSO) in Honiara, Solomon Islands with the donation of gowns and wigs for their lawyers. A reminder that if you wish to donate a wig or a gown, please drop the donations at the Victorian Bar office by close of business today.

I look forward to seeing those members attending the Bar Dinner this evening.  The Plaza Ballroom opens at 7:00pm for pre-dinner drinks.

Róisín Annesley QC

Vicbar News & Events
Practising Certificate & Professional Indemnity Insurance Renewal – 2022/23

You should have received an email from the Victorian Legal Services Board + Commissioner (VLSB+C) on Monday, 28 March 2022, outlining details of the practising certificate (PC) and professional indemnity insurance (PII) renewal process.

LSB online went live on Monday, 28 March 2022, for the renewal of your PC. Members must renew before 30 June 2022 to continue to practise on 1 July 2022. Members who renew after this date may incur a late renewal surcharge from the LSB+C.

The LPLC portal is now open to renew your PII, and further information from the LPLC was distributed earlier today. The LPLC requires payment of the PII premium by Tuesday, 31 May 2022 and members are encouraged to renew online on the LPLC website.

Information on renewing practising certificates can be found on the VicBar website here.

Links for online lodgement, found on the above webpage, will be available from the VLSB+C and LPLC live dates, or you may go directly to LSB Online and the LPLC website.

Login to LSB Online and the LPLC renewal portal using your Practitioner Number as the username (your Practitioner Number will be included in the email sent to you by the VLSB+C). You can contact the Bar office for assistance). LSB Online deals with all PC administrative matters, and there is no printed PC renewal form. If you have forgotten your password, please use the link on their website, “forgotten password”, to get an email sent to you to reset your password.

If you experience technical difficulties with LSB online, please contact the VLSB+C via their lawyer enquiry form. In addition, answers to frequently asked questions and LSB online user guides can be found here.

Should you require assistance renewing your PC, the Victorian Bar office can help you, and members who need assistance should email membership@vicbar.com.au or contact Daphne Ioannidis on (03) 9225 8326 or Mark Bryant on (03) 9225 7105.

Welcome Ceremonies

Federal Circuit and Family Court of Australia

His Honour Judge Paul Glass

Her Honour Judge Alison Burt

Her Honour Judge Amanda Mansini

A ceremonial sitting to mark the appointments of His Honour Judge Paul Glass, Her Honour Judge Alison Burt and Her Honour Judge Amanda Mansini will be held in Courtroom 4A, Level 4, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne on:

Tuesday, 31 May 2022 at 4:30pm

The ceremonial sitting will be held in person. If you are unable to attend in person, the Welcomes will be live-streamed. Details will become available on the website when available.

 

Supreme Court of Victoria

The Honourable Justice Stephen O’Meara

A welcome sitting to mark the appointment of the Honourable Justice Stephen O’Meara as a judge of the Supreme Court of Victoria will be held in the Banco Court, Supreme Court of Victoria, 210 William Street, Melbourne on:

Tuesday, 31 May 2022 at 9:15am

The ceremony will be live-streamed and available to watch remotely. Details will become available on the website when available.

 

County Court of Victoria

His Honour Judge Simon Moglia

A welcome sitting to mark the appointment of His Honour Judge Simon Moglia as a judge of the County Court of Victoria will be held in Ceremonial Court 3.3, Level 3, 250 William Street, Melbourne on:

Thursday 2 June 2022 at 9:15am

If you would like to attend this ceremony in person, you will be required to be fully vaccinated and self-administer a RAT on the morning of the Welcome.

Barristers can collect a RAT from the Victorian Bar office located at Owen Dixon Chambers East, Level 5, 205 William Street. As per current directives, the RAT may be collected the business day before, but no earlier.

If you are unable to attend in person, the welcome will be live-streamed here.

Special General Meeting of the Victorian Bar Inc - 5:00pm Thursday, 16 June 2022

A Special General Meeting of the Victorian Bar will be held at 5:00pm on Thursday, 16 June 2022, in the Neil McPhee Room, Level 1, Owen Dixon Chambers East, for the purpose of amending the Constitution of the Victorian Bar Incorporated.

The Bar Council proposes a change to the Constitution aimed at ensuring that barristers who are of not less than 15 years standing but not Senior Counsel will have permanent representation on Bar Council of at least two members.

The following documents are provided: 

1. Notice of the Special General Meeting of the Victorian Bar Incorporated, attaching:

    a. June 2022 draft Constitution (53 pages).

    b. Explanatory memorandum attaching proposed amendments and an analysis of Category A members on Bar Council from 2000 to 2022 (7 pages).

    c. Proxy form prescribed by the Bar Council (1 page).

Members must be logged in to the website to view these documents.

Proxies must be received by 5:00pm, Wednesday, 15 June 2022.

Annual flu shots for Bar members - BOOK NOW

The Victorian Bar is offering members the annual flu vaccination in Owen Dixon Chambers East on 1 and 2 June 2022.

Bookings must be made online via the iMedical website. Instructions on how to book are here. You must be logged into the VicBar website to download the instructions.

There are a limited number of appointments available to Bar members from iMedical, and they will be allocated on a first-in, first-served basis.

If you cannot or do not wish to come into the city, consult your GP or local chemist about receiving the vaccination. The government provides free vaccinations to some individuals. If you cannot or do not wish to come into the city, consult your GP or local chemist about receiving the vaccination. The government provides free vaccinations to some individuals.

The Annual General Meeting of the Women Barristers Association

The Annual General Meeting of the Women Barristers Association, which was scheduled for Wednesday, 1 June 2022, has been postponed.

The WBA will advise of a new date in the near future.

National Reconciliation Week 2022

National Reconciliation Week—27 May to 3 June—is a time for all Australians to learn about our shared histories, cultures, and achievements, and to explore how each of us can contribute to achieving reconciliation in Australia.

The Indigenous Justice Committee recommends

  • Viewing the videos of evidence and Balert keetyarra (witness statements) available to the public here.
  • Watching with your family a vast selection of films, programs and documentaries here
  • Visiting and exhibition at the Shrine of Remembrance on Aboriginal and Torres Strait Islander Peoples in the Australian Defence Force.
  • Take the kids, or grandkids to a range of Reconcilation activities at Healesville Sanctuary Glen Eadie Ave, Healesville, Victoria

Find out more about National Reconciliation Week #NRW2022 #BeBraveMakeChange

BCL updates

To assist barristers and occupants in keeping up to date with your COVID responsibilities and legislative requirements, always refer to Staying COVIDSafe at BCL. If you test positive for COVID-19, please ensure you notify BCL and the Victorian Bar by completing the COVID-19 Assessment form.

Improved guest WiFi service in BCL buildings: New connection and instructions on how to provide WiFi for visitors in chambers

  • This new service will be secured through a sponsored registration processes, meaning barristers will need to enrol visitors who require guest access to the BCL network.
  • Click here to log in and follow the prompts to set up a user. Barristers need to be connected to the BCL network to access this link.
  • Click here for instructions.
Victorian Bar member CPD and events

The following are highlights of upcoming CPD and events for Victorian Bar members. You must be a member of the Victorian Bar and log into the VicBar website to view these events.

  • Expert Evidence Workshop- The ability to work with expert witnesses is now a requirement for every area of practice. This workshop is a good opportunity to conference with, examine and cross examine expert witnesses in guided simulations. This is a three-day workshop and is suitable for barristers at all levels of seniority. Click here to register.
     
  • Reality testing in mediation is on 31 May 2022 from 5:00pm-6:00pm. Reality testing is a key skill in dispute management practice. The Mediator Standards Board has commenced a research grants program and this project, by one of Australia’s leading ADR academics, is the first recipient.  The research examines background theory and current practice.  It will also make recommendations to improve training and practice in this area. This is an in-person event only. Click here to register.

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

Vicbar Life
BottledSnail Productions opportunity

BottledSnail Productions is looking for singer-actor-dancer-performers for a new musical theatre workshop of a comedy musical set to a jazz/funk/pop score about the adventures of a naïve woman on the Dark Web.

Open auditions: Saturday, 11 June, Sunday, 12 June and 18 June 2022 (LIV, Owen Dixon Chambers)

Rehearsal dates: Sundays from 26 June until the show, Thursday evenings (LIV, Owen Dixon Chambers)

Performance week: Monday, 29 August to Sunday, 4 September 2022 (Chapel Off Chapel, South Yarra)

Details here.

Studio 11 – Michael Meszaros OAM sculpture exhibition

Studio 11 is delighted to host and invite you to view its current exhibition, 50 Years as a Sculptor featuring works by Michael Meszaros OAM. The body of work comprises some 78 pieces. Some are for sale, which affords viewers a wonderful opportunity to acquire a piece of very collectable work. Meszaros has produced a large body of very recognisable work, both commissioned and for exhibition, ranging from major public works to small medals which feature in local and international collections. He has won prizes. His public works are in Melbourne, regional Victoria, interstate and overseas. The exhibition runs from 2 May to 24 June 2022. Please visit and enjoy it at your leisure.

The Essoign Club

Dear Essoign Club Members, 

We are open daily from 7:30am – till late and Happy hour is back EVERY EVENING with $5 Beer and Wine from 5:00pm till close.

Breakfast - for dine-in or takeaway.

Lunch – Daily Café Menu take away or delivery.

Lunch Dine-In - A La Carte from midday.

Bar – EVERY EVENING  - $5 Beer & Wine from 5pm 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.

Member Benefits portal for Bar members

Victorian Bar members are encouraged to use the Member Benefits online portal, where you can access a wide variety of discounts, special offers, and member-only deals as part of your Bar membership.

The exclusive benefits are available Australia-wide and are not generally open to the public.

To activate your account and access the benefits, please click here. You must log in using your vicbar.com.au login details.

Click here for the monthly Best Buys!

Practice & Profession News
Commonwealth and Victorian Courts' COVID updates

Supreme Court of Victoria

The Supreme Court has published an operational update in light of eased COVID-19 restrictions.

The update outlines adjustments to COVIDSafe measures at the Court.

For up-to-date information about the Courts’ responses, please visit their websites:

  • Federal Court of Australia – see here.
  • Federal Circuit and Family Court of Australia – see here.
  • Supreme Court of Victoria – see here.
  • County Court of Victoria – see here.
  • Magistrates’ Court of Victoria – see here.
Court Services Victoria (CSV) update on the Case Management System (CMS) Project

Court Services Victoria (CSV) has provided the following update on the Case Management System (CMS) Project for your information.

The new CMS will strengthen the ability to capture and share critical information as appropriate across the justice sector.

CMS is the platform for transformation, which will modernise how stakeholders and the public engage with the court and experience the justice process from electronic filing to transmission of critical information, enhancing safety and access to justice while promoting efficiency.

Benefits from the Project’s first release – eDocs – which commenced in November 2020 and allows external court users to securely file documents digitally with courts via a web portal, have already been seen.

In 2021, the Project focussed on the build of the civil release, which is an important first step in responding to the findings of the Royal Commission into Family Violence and will expand on the benefits and efficiencies delivered by eDocs.

CSV advise that the release for the civil jurisdiction of the CMS is expected to be delivered in August 2022, followed by the Child Protection release in March 2023.

Work on the CMS release for the criminal jurisdiction is underway, and a release focused on Intervention Orders to address Family Violence/PSIVOs will follow.

If you have any queries regarding the CMS Project and release dates, please don’t hesitate to contact CMS Project. You can email cms.project@courts.vic.gov.au.

Updated online sentencing statistics for over 500 offences in the Magistrates’ Court of Victoria

The Sentencing Advisory Council has today released new sentencing data for the Magistrates’ Court of Victoria on SACStat, the Council’s online offence database. The new data covers sentencing outcomes in the three years to 30 June 2021 for over 500 offences dealt with in the Magistrates’ Court.

An offence requires a minimum of 40 sentenced charges over the three-year reference period to be included in SACStat’s Magistrates’ Court data.

SACStat also continues to present data for over 250 offences sentenced in the higher courts of Victoria in the five years to 30 June 2020.

Sentencing Summary Reports for Magistrates’ and Higher Courts

SACStat includes short narrative reports summarising sentencing outcomes for all offences displayed in the Magistrates’ Court and for offences in the higher courts where at least ten people received imprisonment for the case. The summaries can be printed and are easily accessible on tablets and smartphones.

SACStat User Guide

The Sentencing Advisory Council has also published a two-page user guide with handy hints on using SACStat, including a summary of the counting rules for the data.

 

More detailed resources can be found on the SACStat website: About SACStat, How to Use SACStat’, ‘Technical Notes’ and ‘Glossary’.

SACStat can be accessed free of charge from the Council's website.

Digital Bar Library

The Digital Library: 200+ years of expert content transformed into a digital resource for all Victorian Barristers.  Take it with you to court, home, or the office and get 24/7 access to:

• eBooks
• Databases
• Journals
• Commentary

The Digital Library is powered by Law Library Victoria. Register and log in here.

Appointment of manager to Maiolo & Co

Appointment of Manager to the sole practitioner law practice of Francis Antony Maiolo trading as ‘Maiolo & Co

On 13 May 2022, the Victorian Legal Services Board (‘the Board’) resolved to appoint Ms Elissa Andreacchio as Manager of the sole practitioner law practice of the late Mr Francis Antony Maiolo, trading as ‘Maiolo & Co (‘the Law Practice’), pursuant to section 334 of the Legal Profession Uniform Law (Victoria) (‘Uniform Law’). The appointment is for a period of approximately six months, expiring on 14 November 2022, unless the appointment is extended or otherwise terminated in accordance with section 340 of the Uniform Law.

The Board determined to appoint a Manager because Mr Maiolo passed away on 26 April 2022 and the Board is satisfied that there is a need for an independent person to be appointed to take over professional and operational responsibility for the Law Practice.

Members of the Victorian Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please contact Ms Andreacchio on (03) 9470 1955 or by email at elissa@maiolo.com.au if you have any concerns about the payment of your fees.

Appointment of manager to Terence Thomas O-Brien

Appointment of Manager to the sole practitioner law practice of Terence Thomas O’Brien trading as 'Terence T O’Brien'

On 12 May 2022, the Victorian Legal Services Board (‘the Board’) resolved to appoint Mr Jeffrey L Dunemann as Manager of the sole practitioner law practice of the late Mr Terence Thomas O’Brien trading as ‘Terence T O’Brien’ (‘the Law Practice’), pursuant to section 334 of the Legal Profession Uniform Law (Victoria) (‘Uniform Law’). The appointment is for a period of approximately six months, expiring on 14 November 2022, unless the appointment is extended or otherwise terminated in accordance with section 340 of the Uniform Law.

The Board determined to appoint a Manager because Mr O’Brien passed away on 13 April 2022 and the Board is satisfied that there is a need for an independent person to be appointed to take over professional and operational responsibility for the Law Practice.

Members of the Victorian Bar who have recently been briefed and/or undertaken work for the Law Practice may be impacted by this appointment. Please contact Mr Dunemann on (03) 9888 3222 or by email at jeff@dslaw.com.au if you have any concerns about payment of your fees.

Profession CPD & Events
Upcoming Monash events

National Commercial Law Seminar Series

This seminar is a joint initiative of the Centre for Commercial Law and Regulatory Studies (CLARS), the Federal Court of Australia, the Commercial Bar Association of Victoria, the Victorian Bar and Monash University. Please join us in person and online on 2 June for this seminar, which will host a panel of experts unpacking the latest developments in the world of class actions. Register here: National Commercial Law Seminar Series

 

Mabo+30: Contemporary Perspectives on Justice for First Nations

Please join the Castan Centre for Human Rights Law to recognise 30 years since the Mabo No 2 decision in the High Court of Australia. Join us online as this panel brings together first nations and settler law academics who will explore the potential of Australian Law and the future of the legal relations between First Nations and the Australian State. Please Register here: Mabo+30: Contemporary Perspectives on Justice for First Nations.

 

CLARS - Law and Business Seminar Series: The Corporate Governance Machine

Please join Professor Dorothy S. Lund for this instalment of the CLARS Law and Business Seminar Series, discussing the "corporate governance machine', both its past and its future. Held online on Tuesday, 7 June. Register Here: The Corporate Governance Machine

 

Fiat Justitia Lecture: Without Fear or Favour

Please join the 2022 Fiat Justitia Lecture presented by Monash Law and delivered by the Honourable Justice Sarah Derrington on Tuesday, 7 June 2022. This lecture will explore to what extent the judicial oath of office is still sufficient for the modern judiciary to maintain the public’s confidence in the judicial process.
Please register here: Fiat Justitia Lecture: Without Fear or Favour.

Invitation: ALRC Financial Services Legislation Webinar - 17 June 2022

What we’ve heard and where to next
Feedback on Interim Report A of the Financial Services Legislation Inquiry.

Friday 17 June 2022 at 1:00pm AEST
Attendance available online or in-person at the Federal Court of Australia in Perth.

This free, interactive webinar is designed to provide insights into the ALRC's Review of the Legislative Framework for Corporations and Financial Services Regulation.

Register to attend here.

35th LAWASIA Conference, 18-21 November 2022

The LAWASIA Annual Conference, a live event to be held in Sydney, is on between 18 and 21 November 2022.

If you would like to propose a topic for consideration by the organising committee or would like the opportunity to speak at the conference, please don’t hesitate to contact the secretariat via email at lawasia2022@lawasia.asn.au.

Careers & Opportunities
Senior Lawyer - Common Law, Supreme Court of Victoria

Full time, fixed term until 6 January 2023
$102,637 + 10% super
Melbourne CBD, with some opportunities for working remotely

The successful candidate for this Senior Lawyer role will have a unique opportunity to contribute to the administration of justice in Victoria and to be a leading member of a small team providing expert legal and procedural support to judicial officers in order to promote just, efficient, timely and cost-effective resolution of proceedings.

As a Senior Lawyer, you will provide key pre-trial case management support to the judicial officers managing the Personal Injuries, Dust Diseases, Institutional Liability and Civil Circuit Lists of the Common Law Division and will supervise other legally and non-legally qualified staff who also provide such support. To be successful in this role, you will have at least three to four years' post-admission litigation experience.

For more information and to submit your application, please visit careers.vic.gov.au.

HIV/AIDS Legal Centre (VIC) (‘HALC’) volunteer position

The HIV/AIDS Legal Centre (VIC) (‘HALC’), a service of Thorne Harbour Health, is looking for someone to undertake an important volunteer role.

We are looking for a solicitor or current law student to volunteer as the Coordinator of the service and lead a team of paralegals at our centre in South Yarra.

Expressions of interest should be addressed to legal@thorneharbour.org, including a current resume and cover letter.

Successful candidates will be notified by email whether they have progressed to an interview.

In Brief submissions

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, 2nd June 2022