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Bella Donna! Bar Dinner 2009 No VICTORIAN BAR NEWS Bella Donna! Bar Dinner 2009 No. 147 No. I SSN 0159-3285 noBleSSe SPRING Blazing away The Bushfires oBlige 2009 Royal Commission KirbyVICTORIAN aC BAR on NEWS Pro Spring Bono 2009 1 VICTORIAN BAR COUNCIL VICtorian BAR NEWS Clerk EDITORS Published by The Victorian Bar Inc. D Digby QC, J. (Chairman) Georgina Schoff, Paul J Hayes Owen Dixon Chambers G Colbran QC, M.J. (Senior Vice-Chairman) 205 William Street, D *Moshinsky, SC, M.K. (Junior Vice-Chairman) CONTRIBUTORS Melbourne 3000. D *Fajgenbaum QC, J.I. The Honourable Michael Kirby AC CMG, Registration No. A 0034304 S L Priest QC, P.G. the Honourable Justice Peter Vickery, W Murphy QC, B.A. David Curtain QC, Greg Davies QC, This publication may be cited as H Tobin SC, P.T. Julian Burnside AO QC, Adrian Ryan SC, (2009) 147 Vic B.N. A Anastassiou SC, P.E. Andrew Bristow, Michael O’Connell, A Macaulay SC, C.C. Geraldine Gray, Tom Pikusa, Renee Enbom, Opinons expressed are not necessarily H McGarvie SC, R. Elizabeth Bennett and Nigel Leichardt. those of the Bar Council or the Bar or of D Alstergren, E.W. (Honorary Treasurer) any person other than the author. D Stuckey, S.W. (Assistant Honorary Treasurer) DESIGN/PRODUCTION D *Hinchey S.L. Ron Hampton Printed by Impact Printing F Walsh M.J. David Johns (Photography) 69 –79 Fallon Street, Brunswick D Connor P.X. Vic. 3056 F Knights K.J. ADVERTISING G Anderson K.J.D. Miriam Sved Contributions to VBN Boilerplate should T Sharpe, M.R. The Victorian Bar Inc. be in Word format and strictly limited to R Gannon S.J. 205 William Street, 400 words. Melbourne 3000 F Murphy B.J. Contributors photographs will be accepted Telephone: (03) 9225 7943 F Southey K.M. in high resolution JPEG or PDF format. Fax: (03) 9225 6068 *Executive Committee Advertising Rates D W D W Full page 275 x 210 mm $1925 Quarter page horizontal 59 x 186 mm $495 Half page horizontal 120 x 186 mm $962.50 Full column 245 x 59 mm $643.50 Third page horizontal 80 x 186 mm $660 Eighth page horizontal 60 x 90 mm $220 Sixth page vertical or horizontal 120 x 59 mm $325 DO YOU HAVE A CLIENT WITH A LEGAL CLAIM WHO LACKS THE RESOURCES TO PURSUE IT EFFECTIVELY? QUANTUM LITIGATION FUNDING CAN ASSIST. FOR MORE INFORMATION, PLEASE CONTACT PHONE 03 9607 8364 WWW.QUANTUMLITIGATION.COM.AU 2 VICTORIAN BAR NEWS Spring 2009 VICTORIAN ISSN 0159-3285 No. 147 Spring 2009 EDITORIAL 4 Welcome to the new Victorian Bar News Chairman’s OUTLOOK 7 159 5 2009, a year of considerable progress NEWS AND VIEWS 7 Reception in honour of the pro bono commitments of members of the Victorian Bar 11 The Technology, Engineering and Construction List 15 Blazing away: the Bushfires Royal Commission 1622 32 17 Seating plans, labels and performance anxiety 22 2009 Bar Dinner 23 Speech delivered by the Honourable Justice Bell VBN BOILERPLATE 27 Quarterly Counsel 28 Silence all stand! 29 Adjourned Sine Die 31 Decree Absolute AROUND TOWN 32 New Silks, Indigenous Lawyers, David Derham book launch, Skiing, Legal Year Opening, Football 34 Readers’ Course photograph 35 London Calling 36 Dear Themis 36 Wine Report 37 A bit about words 38 Habitat The Summer 2008/2009 edition of the Victorian Bar News (No. 146) reproduced on its cover a photograph of the portrait by Sir William Dargie of the late Honourable LAWYEr’s BooKSHELF Sir John Young that hangs in the Library of the Supreme 39 Music from a Jade Flute Court of Victoria. The photograph was made available for publication in Victorian Bar News with the kind permission of the Chief Justice of Victoria. Victorian Bar News regrets that it overlooked properly acknowledging the reproduction of the portrait in the previous edition and offers the court its sincere apology. Cover: The Honourable Justice Bell speaking at the 2009 Bar Dinner VICTORIAN BAR NEWS Spring 2009 3 EDITORIAL ED PHOTO Welcome to the new Victorian Bar News, the first for 2009 The first thing you will notice is that sion and the record of appearances reads address at the VBLAS reception in Victorian Bar News looks different and like a who’s who of our Bar. February was one the highlights of the has undergone some significant changes Members of our Bar were also person- year so far and we wish him well in his since the previous edition (No. 146 ally affected by the fires and we rallied ‘retirement’. Summer 2008/2009). around our own to help. We also swung The High Court continued to Earlier this year, as a consequence of a into action to help the community. illuminate the Victorian Bar when in May Bar Council review of the Victorian Bar’s Approximately 500 barristers have its most recently appointed member, overall communications and publications volunteered to assist bushfire victims on a Justice Bell, addressed the guests in policy, which included the Victorian Bar pro bono basis through the Victorian Bar attendance at the 2009 Victorian Bar News, it was decided that the Victorian Legal Assistance Scheme (‘VBLAS’), be Dinner, in what seemed to be the early Bar would henceforth publish two it in pursuing insurance claims, seeking hours of the morning. Those present were periodicals to replace the single compensation for personal injury or privileged to hear what was one of the publication that was the Victorian Bar taking other necessary legal action. For great after-dinner speeches delivered News in its earlier format. us though, one of the most touching anywhere, anytime. It is easy to see why Our brief is to publish a quarterly moments of the bushfires was the email her Honour spoke last. She would have magazine reporting on the social and from Mission Australia forwarded to been a mighty hard act to follow. For professional life of the Victorian Bar. We members of the Victorian Bar on 13 those who missed it, or those who wish to understand that the other soon-to-be February which urgently requested people re-live it once more, Justice Bell’s speech released publication will be edited by to donate suits for families who had lost is republished in this edition. Dr Ian Freckleton SC and will be a more everything, and needed suits to attend the Apart from covering news and events academically orientated journal focussing memorial services and funerals of those of topical interest to Victorian barristers, on recent and important developments in who had perished. Truly heartbreaking. Victorian Bar News will also be the law and legal practice of interest to Needless to say, the Victorian Bar introducing new regular sections, which counsel practising at the Victorian Bar. immediately responded to the call. include ‘Dear Themis’ and ‘Habitat’. Work commenced on the new The response of the Victorian Bar in Victorian Bar News in June. We were representing the multitude of ‘interests’ allocated 32 pages per edition, (not which have been granted leave to appear including the cover), to perform our at the hearings of the Victorian Bushfires retainer. No doubt our publishers were Royal Commission highlights the initially influenced by the Court of importance of our independent role in Appeal’s Practice Direction No. 1 of 2008, the Victorian legal system, together with 4!),/2).' which limits the length of written outlines the depth of talent and skill of our 3UITSTAILOREDTOMEASURE of submissions to six pages! However, members and the valuable role our Bar such is the impressive range of activity plays in serving the Victorian community. !LTERATIONSANDINVISIBLE among the members of the Victorian Bar, When the final report is ultimately MENDING it has subsequently been acknowledged delivered, the Victorian Bar will have 1UALITYOFF RACKSUITS that Victorian Bar News may need to be played a critical and indispensable role in composed of a greater number of pages in the shaping of the recommendations 2EPAIRSTOLEGALROBES future editions. which will be made for the benefit of their "ARJACKETSMADETOORDER And so, to edition number 147, the fellow Victorians. first of the new-look Victorian Bar News. In keeping with the community service The big story at the Victorian Bar in theme, we are fortunate to be able to 2009 has been the Victorian Bushfires publish a contribution from the ,%3,%%34!),/23 Royal Commission. The 2009 Black Honourable Michael Kirby AC QC. 3HOP 7ILLIAM3TREET Saturday bushfires were a tragedy of Justice Kirby has selflessly devoted a -ELBOURNE 6IC immense proportions: 173 people lifetime of service to the nation and it is 4EL perished in the fires and over 500 more his example and that of others like him, were injured. Over 2,000 homes were which inspires many of our members to &RANKSTON 4EL destroyed. Numerous counsel have been contribute to the greater good of our retained to appear in the Royal Commis- community as they do. Justice Kirby’s 4 VICTORIAN BAR NEWS Spring 2009 Readers will also notice a more succinct approach in the appointments and CHAIRMAN’S OUTLOOK obituaries columns and the previously popular food and wine contributions have returned. Also to appear in the 2009, a year of considerable new Victorian Bar News will be ‘Quarterly Counsel’, a feature which progress celebrates some of the diverse and engaging personalities of our Bar. Much has recently occurred amounts of time to these voluntary Simon Wilson QC is our first ‘Quarterly and is currently underway at the activities. This work is ‘the life blood of Counsel’. the Bar,’ enabling it to operate effectively As there has not been an edition of Victorian Bar.
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