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VICTORIAN BAR NEWS No VICTORIANVICTORIAN BARBAR NEWSNEWS No. 119 ISSN 0150-3285 SUMMER 2001 Welcomes: Justice Pagone and Judge Nicholson Farewell: Justice Hedigan Obituaries: The Honourable Kenneth Joseph Jenkinson QC and Douglas Salek QC Launch of New Bar Website The Future of the Defence Force Discipline Act Welcome to the New Kids on the Block Former Bar Leaders Recalled BCL Appoints New CEO The Objectives of the Legislative Council Constitution Commission Dinner of the Tenth Anniversary of McNaught List The Goodness of the Paperworkers The Dred Scott Case The Essoign Club: The Kitsch Is Back! PORTRAIT OF A FOUNDER OF THE MODERN BAR OLIVER JAMES GILLARD 1906–1984 2 3 VICTORIAN BAR NEWS No. 119 SUMMER 2001 Contents EDITORS’ BACKSHEET 7 Looking Back on 2001 CHAIRMAN’S CUPBOARD 9 Launch of Bar’s New Website: First Point of Contact for Many People ATTORNEY-GENERAL’S COLUMN 11 Taking Stock LEGAL PRACTICE NOTES Welcome: Justice Welcome: Judge Farewell: Justice 13 Practitioner Remuneration Order Pagone Nicholson Hedigan 20 Legal Profession Tribunal: Publication of Orders 20 Amendment to Rule 197 of the Rules of Conduct CORRESPONDENCE 21 Letter to the Editors WELCOMES 24 Justice Pagone 24 Judge Nicholson FAREWELL 26 Justice Hedigan OBITUARIES 27 The Honourable Kenneth Joseph Jenkinson QC Obituary: The Hon. Obituary: Douglas 28 Douglas Michaelis Salek QC Jenkinson QC Salek QC ARTICLES 30 Portrait of a Founder of the Modern Bar 36 Launch of New Bar Website 41 Lessons from the Rear-View Mirror 46 Judicial Overservicing: Bringing Home the Bacon 53 The Future of the Defence Force Discipline Act NEWS AND VIEWS 58 Former Bar Leaders Recalled 60 Verbatim 62 Welcome to the New Kids on the Block 64 The Objectives of the Legislative Council Constitution Commission 66 BLC Appoints New CEO 67 Dinner for Tenth Anniversary of McNaught List 68 A Bit About Words/Holy Wars 70 The Goodness of the Paperworkers 72 The Dred Scott Case Launch of New Bar Website The Kitsch Is Back! 74 The Essoign Club: The Kitsch Is Back! 76 Bar Cricket/Invitation to Join the Bar’s Cricket Fraternity 76 Bar Cricket/ Cricket Fans Write LAWYER’S BOOKSHELF 77 Books Reviewed 78 CONFERENCE UPDATE Cover: Unveiling of a portrait of Sir Oliver Gillard on 16 October 2001 — see pages 30–34 for a report on the ceremony, and of Sir Oliver’s leading role in helping establish Owen Dixon Chambers. Dinner of the Tenth Anniversary The Goodness of the Papersellers of McNaught List 5 Victorian Bar Council VICTORIAN BAR COUNCIL Chair of Standing Committees of the Bar Council for the year 2001/2002 Aboriginal Law Students Mentoring Committee *Executive Committee B Kaye QC, S.W. Clerks: Applications Review Committee R *Redlich QC, R.F. (Chairman) W Brett QC, R.A. H *Rush QC, J.T. (Senior Vice-Chairman) Child Care Facilities Committee W *Brett QC, R.A. (Junior Vice-Chairman) D McLeod Ms F.M. B *Zichy-Woinarski QC, W.B. Conciliators for Sexual Harassment and Vilifi cation G *Howard QC, A.J. F Rozenes QC, M. F *Dunn QC, P.A. B *Ray QC, W.R. Counsel Committee A *Shand QC, M.W. H Rush QC, J.T. F *Dreyfus QC, M.A. Equality Before the Law Committee B *McMillan S.C., Ms C.F. W Brett QC, R.A. A *Delany C.J. Ethics Committee G *O’Bryan J. B McMillan S.C., Ms C.F. H *McGarvie R.W. (Assistant Honorary Treasurer) A *Richards Ms J.E. Human Rights Committee H *Bourke Ms K.L. D Fajgenbaum QC, J.I. D *Riordan P.J. Legal Assistance Committee W *Neal D.J. G Howard QC, Anthony J. S *Duggan P.T. Legal Education and Training Committee D *Gorton J.P. B Ray QC, W.R. D *Gronow M.G.R. Past Practising Chairmen’s Committee S *Clarke P.A. D Francis QC, C.H. D *Attiwill R.H.M. (Honorary Secretary) D *Moore Ms S.E. (Assistant Honorary Secretary) Professional Indemnity Insurance Committee A Shand QC, M.W. Ethics Committee Victorian Bar Dispute Resolution Committee B McMillan S.C., Ms C.F. (Chair) S Martin QC, W.J. S Willee QC, P.A. Victorian Bar Theatre Company Steering Committee S Lally QC, W.F. A Derham QC, D.M.B. H Young QC, P.C. B Hill QC, I.D. P Bartfeld QC, M. F Dreyfus QC, M.A. G Lacava S.C., P.G. H Lewis G.A. A Macaulay C.C. A Delany C.J. (Secretary) F Quigley, Ms M.L. G Judd, Ms K.E. D Riordan P.J. F Johns Ms S.L. VICTORIAN BAR NEWS Editorial Committee Printed by: Impact Printing Editors John Kaufman QC, Peter Lithgow (Book 69–79 Fallon Street, Gerard Nash QC and Paul Elliott QC Reviews), Richard Brear (Assistant to Brunswick Vic. 3056 the Editors), Carolyn Sparke, Peter This publication may be cited as Editorial Board Nugent, William Gillies, Nicola Gobbo (2001) 119 Vic B.N. David Bennett QC David Johns (Photography) Advertising Julian Burnside QC Published by The Victorian Bar Inc. Publications Management Pty Ltd Graeme Thompson Owen Dixon Chambers, 38 Essex Road, Surrey Hills, Editorial Consultant 205 William Street, Melbourne 3000. Victoria 3127 David Wilken Registration No. A 0034304 S Telephone: (03) 9888 5977 Opinions expressed are not necessarily Facsimile: (03) 9888 5919 those of the Bar Council or the Bar. E-mail: [email protected] 6 Editors’ Backsheet Looking Back on 2001 t’s that time of the year again. That time of the year seems to be getting Iearlier and earlier each year. Christmas brochures are now getting stuffed into letter-boxes in mid October. November television blares that Santa can bring a Nintendo or Play Station at bargain base- ment prices. The radio intones that fairy lit tinsel trees should be installed as quickly as possible. And so it seems that that time of the year is getting earlier for the law and the Bar. Each year the courts seem to close earlier and earlier. Judges want “iron clad guarantees” around about the middle of November. An adjourned case won’t be seen again until the second half of 2002. Socially the yuletide spumante emerges just as the corks of Cup week are being swept away. Just as Easter, Anzac Day, the Queen’s Birthday, the July vacation, Show Day, (even though not an offi cial the highs, lows and important events. release issued in August 2000 highlighted holiday anymore), and Cup week cut great The majority of barristers will look back the wide-ranging attacks on the Bar as chunks into the court’s sittings, both offi - over years to see whether the highs and being self-interested and against public cially and unoffi cially, so too sitting days in lows have crystallised into an increase in interest. The fi nal review will be issued December seem to shrink. income. Have there been too many no-win on the 20th of December this year and But have things really changed, or is no-pay cases that did not win? Have there it is hoped that a balanced review of this this just imagination brought on by the been too many clients and solicitors who complex and unwieldy legislation has been mental fatigue of a long and rigorous year? have promised much and delivered noth- made and will be carried out not to the Perhaps it’s just old age. Does a close scru- ing? Is there more work about and will Bar’s detriment. tiny of the legal year show that the courts there be more work about next year. These Ever since the days of the Hilmer are sitting any less? Indeed in reality are are the more mundane concerns of every- Report the Bar has been accused of increased sitting days feasible? Could the day life at the Bar. It is usually only being a “guild”, only interested in its self- courts sit longer in January or would wit- when the larger picture impinges upon protection and self-promotion. The con- nesses, juries and experts be available this smaller picture that there is a reaction cept was that guilds, alias professions, when the great January sojourn to the and thoughts of what the Government is should be abolished and reorganised as beach is in full swing. Is the closure of doing to the profession. industries being deregulated, but regu- courts for most of January simply a refl ec- The recurring theme throughout the lated by the government. It is interesting to tion on what happens across industry and year has been the proposed review of the note that the teaching profession doesn’t business throughout Australia? Legal Practice Act 1996. Reviewers of seem to be heading in this direction. The Again, is it just imagination or does it the Act were appointed in June 2000 and State Government has announced that a seem that the schools are closing earlier have put out issue and discussion papers, professional organisation will be set up for than usual. By the fi rst or second week and submissions have been made by the the teaching profession. of December most of them seem to have Bar Council and Law Institute in response. Many teachers have said that this will shut up shop. Perhaps two more weeks in The parameters of the review are con- elevate teaching into a true profession and December would make the school fees a tained at page 11 of the Winter 2000 edi- will gain it respect, and an ability to pro- little bit more realistic, perhaps two more tion of the Bar News. Of concern are the mote itself and its members.
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