VICTORIAN BAR NEWS ISSUE 157 WINTER 2015 VICTORIAN Charlie Hebdo an Australian Perspective Murder at Sea? BAR R V Dudley & Stephens NEWS
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157 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 157 WINTER 2015 VICTORIAN Charlie Hebdo An Australian perspective Murder at sea? BAR R v Dudley & Stephens NEWS Owen Dixon West 4 ½ floors higher Joan Rosanove QC 157 Bar dinner 2015: The photos and speeches Swinburne Law School Australia’s newest law school} For more than 100 years, Swinburne has been committed to innovative education, producing outstanding graduates and delivering enduring outcomes. With its specialisation in science, technology and innovation, Swinburne’s reputation for high quality, engaged teaching and research is reflected in the University’s consistent ranking among the top 3% of universities in the world.* Swinburne’s law school now offers an undergraduate program which focuses on commercial law with emphasis on intellectual property law. As the only degree in Victoria with this specialisation, students learn to practise law for the knowledge economy. The Swinburne Bachelor of Laws program is fully accredited by the Council of Legal Education in Victoria and offers students the option of a single degree or combined program with arts, science, business or engineering. For more information about Swinburne Law School, call 1300 275 794 }swinburne.edu.au/lawschool *Academic Ranking of World Universities 2014 CRICOS Provider code: 00111D ISSUE 157 WINTER 2015 VICTORIAN Editorial 56 George Hampel – origins of an advocacy teacher 3 Reading and rhyming W. BENJAMIN LINDNER THE EDITORS BAR 61 Vale Andrew Chan and Myuran 4 Letters to the editors Sukumaran THE HON JUSTICE LEX LASRY From the President 6 NEWS JAMES WS PETERS QC 61 Humanity summoned THE HON JUSTICE PETER VICKERY Sarah Fregon comes home: 8 an interview with 62 The ascension of a soccer nut the Bar’s new CEO TONY WILSON GEORGINA SCHOFF QC 64 Murder at sea DR. CLIFFORD PANNAM Q.C. AND GEORGINA COSTELLO 74 Words to the wise: JCV legal Around town writing course Opening of Owen Dixon 10 MEREDITH SCHILLING Chambers West extension 80 Portrait of a barrister’s mind GEORGINA SCHOFF QC, BERNADETTE HEALY MICHAEL WYLES QC AND THE 34 86 HON CHIEF JUSTICE ROBERT FRENCH AC Natural highs at Mt Kilimanjaro SIMON TISHER 2014 Wigs & Gowns 18 squadron sailing day Bar lore JAMES MIGHELL 90 SIOBHÁN RYAN Address for the multi-faith 20 Joan Rosanove QC opening of the legal year 2015 98 Abraham Lincoln MARK CAMPBELL ASSOCIATE PROFESSOR RUFUS BLACK 103 Sir Wilfred Fullagar Sowing the seeds of beauty: 24 JAMES MERRALLS AM QC Dunkeld and the Royal Mail Hotel 108 A step back in time VBN GEORGINA COSTELLO & NATALIE HICKEY 27 Victorian Bar Community Choir Back of the lift RICHARD LAWSON 110 Adjourned Sine Die The Italian contribution: 28 46 diversity in the law 114 Silence all stand THE HON CHIEF JUSTICE MARILYN WARREN AC 118 Vale Rights, rule of law & 31 121 Gonged foreign investment 90 122 Victorian Bar Readers’ course PAUL HAYES & CARYN VAN PROCTOR 123 Senior counsel 2015 Legal friends of the 32 Melbourne Recital Centre GEORGE H GOLVAN QC Boilerplate Victorian Bar commissions 33 126 A bit about words portraits by three leading artists JULIAN BURNSIDE AO QC ARTS & COLLECTIONS COMMITTEE 128 Red bag blue bag 2015 Victorian Bar Dinner 34 129 Book reviews THE HON JUSTICE MICHELLE GORDON 133 Food and drinks SCHWEINHAXE & STEPHEN O’MEARA QC 134 Bindi: a Macedon region beauty News & views 138 SARA HINCHEY Becoming Charlie 46 136 Music ED HEEREY DR MATTHEW COLLINS QC 138 Off the wall... The Readers’ course 52 ART AND COLLECTIONS COMMITTEE DAVID J O’CALLAGHAN QC 139 Etiquette for the modern barrister An insider’s guide to the Bar exam 54 ZEUS XENIOS NATALIE HICKEY 140 Verbatim 1 VBN 2 VBN ISSUE 157 WINTER 2015 VICTORIAN BAR Editorial NEWS Reading and rhyming Editors: Georgina Schoff QC and Georgina Costello. Victorian Bar News editorial committee: Georgina GEORGINA SCHOFF & GEORGINA COSTELLO, EDITORS Schoff QC (Editor), Georgina Costello (Editor), Anthony Strahan (Deputy Editor), Maree Norton (Deputy Editor), Annette Charak (Deputy Editor), hile browsing in Roz Greenwood’s Old & Rare Justin Wheelahan, Catherine Pierce, Brad Barr, Jesse Rudd, Natalie Hickey, Denise Bennett Bookshop in Dunkeld last year, one of our editors and Sally Bodman. found a copy of Joan Rosanove QC’s biography. Editorial advisor: Peter Barrett. The book covered the life and career of the late Contributors: (In alphabetical order) Richard Mrs Rosanove, who in November 1965 was the Attiwill QC, Associate Professor Rufus Black, Kate Burke, Julian Burnside AO QC, Mark Campbell, Dr first woman in Victoria to take silk. Inspired by Matthew Collins QC, Georgina Costello, Andrew the book by Isabel Carter, and recognising that 2015 marks 50 years since Denton, Dr Stephen Donaghue QC, Rachel Doyle Mrs Rosanove took silk, we commissioned Siobhan Ryan’s feature article S.C., The Hon Justice Karin Emerton, The Hon Chief Justice Robert French AC, David Gilbertson about Joan Rosanove QC, which is published in Bar Lore on page 90. QC, Jeffery Gleeson QC, George Golvan QC, The Across the road from Dunkeld’s Old & Rare Bookshop is the Royal Hon Justice Michelle Gordon, Andrew Grant, Mail Hotel. The hotel and the bookshop’s premises are owned by Allan Michael Gronow, Paul Hayes, Bernadette Healy W MAPS, Edward Heerey, Natalie Hickey, Graeme Myers AO QC’s Dunkeld Pastoral Pty Ltd. In this issue, we celebrate the Hill, Her Hon Judge Sara Hinchey, Samuel Horgan sweet success of Mr Myers’ hotel, with its abundant kitchen garden QC, William Houghton QC, The Hon Justice Lex and vast cellar, in a rare interview with Mr Myers on page 24. Lasry AM, Richard Lawson, W Benjamin Lindner, James Merralls AM QC, James Mighell, Ross For her story on page 74 of this issue, Meredith Schilling interviewed Nankivell, Tim North QC, David O’Callaghan QC, judges who have attended writing training at the Judicial College of Frank O’Loughlin, Stephen O’Meara QC, Maree Victoria and writers who have taught them. One of those writers is Norton, Dr Clifford Pannam QC, James WS Peters QC, Elizabeth Ruddle, Aileen Ryan QC, Siobhan Helen Garner, whose most recent book, House of Grief, describes the Ryan, Meredith Schilling, Georgina Schoff QC, harrowing trial of Robert Farquharson. Simon Tisher, Caryn van Proctor, The Hon Justice Once you’ve enjoyed the review of Garner’s book by Rachel Doyle Peter Vickery, Kristen Walker QC, The Hon Chief Justice Marilyn Warren AC, Tony Wilson, Michael SC and Kate Burke (on page 129) and David Gilbertson QC’s review Wyles QC of Nick Green QC’s French poetry collection (on page 131) we think Photo contributors: Peter Bongiorno, Richard you’ll agree that Victorian barristers read, are read, are written about Crawley, Mark Duffus, Justin Hill, Neil Prieto, and write in ways that matter. This publication is our Bar’s place to print Simon Tisher, Matthew Townsend. Cover Illustration: Guy Shield some of that writing. Illustrations: Guy Shield ince our last issue, a trilogy of tragedies occurred. In the Lindt Cafe Publisher: The Victorian Bar Inc. Owen Dixon Chambers, 205 William siege, two lives were ended, one of whom was Katrina Dawson, a Street, Melbourne 3000. Registration Sydney barrister known to some of us. In Indonesia, Andrew Chan No. A 0034304 S. Sand Myuran Sukumaran were executed despite the valiant legal work This publication of Victorian Bar News may be cited as (2015) 157 Vic B.N. Opinions expressed of our Bar’s Julian McMahon, Peter Morrissey SC, Michael O’Connell are not necessarily those of the Bar Council SC, Tony Trood, Megan Tittensor and Scott Johns, who struggled to save or the Bar or of any person other than the author. them. In Paris, the Charlie Hebdo siege and ensuing violence took place. Advertising All enquiries including request for advertising rates to be sent to: Ms Sally Bodman The Victorian Bar Inc. 205 William Street, Melbourne 3000 Tel: (03) 9225 7909 Email: [email protected] Design and Production: The Slattery Media Group; www.slatterymedia.com Contributions: Victorian Bar News welcomes contributions to [email protected]. BACK ROW: Denise Bennett, Jesse Rudd, Natalie Hickey, Annette Charak (Deputy Editor), FRONT ROW: Brad Barr, Georgina Costello (Editor), Georgina Schoff QC (Editor) and Justin Wheelahan. ABSENT: Anthony Strahan (Deputy editor), Maree Norton (Deputy editor), Catherine Pierce and Sally Bodman. 2 VBN We barristers each work alone, each of TO us strongly independent but strengthened Letters THE Editors by our capacity to rise together to say things editorial editorial that matter. As editors of Victorian Bar News, we bring together articles by our members in the hope that collectively we can make sense of life and law and lore and, in doing so, we hope to build our Bar’s camaraderie, resilience and understanding. In “Becoming Charlie” on page 46 our own Dr Matt Collins QC draws upon his experience of being in Paris when the offices of satirical magazine Charlie Hebdo were attacked and his considerable expertise as one of the world’s leading writers and practitioners in media law to examine whether Charlie Hebdo could townsend of matthew courtesy photograph be published in Australia. We hope that by publishing his article and the cartoons that illustrate it, we can assist our readers to have a deeper understanding of the issues which played out with such tragic consequences in Paris. When you reflect upon Dr Collins’ conclusions about freedom of speech in Australia, you might also reflect upon the judgments of the High Court in Monis v The Queen1. The Court split 3-3, unable to decide Brian Bourke, 2015 whether legislation pursuant to which Monis was prosecuted for sending offensive letters to the families of soldiers who had served in Afghanistan impermissibly burdened the Taxi! freedom of political communication protected Dear Mesdames, by the Constitution.