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No.150 Summer 2011 ISSN 0159 3285 ISSN 150! Another Milestone 2 BMW11798_275x210_VB_FA_OL.indd 1 6/12/10 2:25 PM No. 150 Summer 2011 Editorial 4 Forty Years and Nearly 150 Editions 5 Chairman’s Cupboard – Change and Continuity 150! News and Views 6 VBN: A Remarkable Evolution 12 Does Judicial Independance Matter? 21 The National Profession Reforms 6 12 23 Under Review: Anti Corruption in Victoria 24 Raising the Bar – Reader’s Course Review 25 The New Costs Court 26 State of the Profession: Still Waiting for the Surge Around Town 31 Bar Health and Wellbeing 32 Cool Courage and Collegial Conviviality 33 Triglia’s Supreme Court Editor 34 Reclink Frank Galbally Cup 2010 Paul J Hayes 37 37 The 2010 Bar Dinner VBN Editorial Committee 47 Women Lawyers Achievement Award Paul J Hayes (Chair/Editor), Fiona McLeod SC, Samantha Marks SC, 48 Judge Nixon Farewell Dinner Richard Attiwill, Justin Hannebery, Peter Clarke, Tom Pikusa, Ben Ihle, Renee Sion, Renee Enbom, Lindy Barrett, Elizabeth Bennett, Jenny Digby 51 2010 Readers 52 J.B. Box Trophy Contributors Victorian Bar News: The Hon Chief Justice French AC; The Hon Chief Justice Warren 53 Quarterly Counsel AC; The Hon Justice J Forrest; The Hon Justice Beach; The Hon Peter Heerey QC; Back of the Lift Ross Gillies QC; Julian Burnside AO QC; John Noonan SC; Fiona McLeod SC; Mark Moshinsky SC; Rachel Doyle SC; Samantha Marks SC; Geoff Gibson; David Drake; 54 Silence, All Stand Joye Elleray; Kevin Lyons; David Gilbertson; Richard Attiwill; Paul J Hayes; Peter 57 Going Up A Clarke; Bronia Tulloch; Ben Ihle; David Turner; Lindy Barrett; Julian Snow; Elizabeth Bennett; Stephen Hare; Ross Nankivell; Denise Bennett; Joe Kay; John 57 Gonged! Fish. Victorian Bar Review: Baron Walker of Gestingthorpe; Jonathan Beach QC. 58 Adjourned Sine Die Publisher 60 Obituaries The Victorian Bar Inc. 66 Senior Counsel for 2010 Owen Dixon Chambers, 205 William Street, Melbourne 3000. Registration No. A 0034304 S. Boilerplate This publication of Victorian Bar News may be cited as (2011) 150 Vic B.N. 68 Red Bag, Blue Bag This edition of Victorian Bar Review may be cited as (2011) 1 VBR. Opinons expressed are not necessarily those of the Bar Council or the Bar or 70 Gallimaufry of any person other than the author. 72 Restaurant Review ‘+39’ 73 Dear Themis Advertising All enquiries including requests for advertising rates to be sent to: 74 Habitat Miriam Sved The Victorian Bar Inc. 75 A Bit About Words: Rarities 205 William Street, Melbourne 3000 77 Book Review: Richard A Posner ‘How Judges Think’ Tel: (03) 9225 7943 Email: [email protected] Design and Production Avalanche Creative Solutions Pty Ltd; www.avalanchecreative.com.au 1 The English Law Of Privacy -An Evolving Human Right Contributions All contributions to Victorian Bar News should be in word format and are to be Baron Walker of Gestingthorpe emailed to [email protected]. VBN Boilerplate submissions should not exceed 400 words. All articles submitted for consideration for publication in 7 Why Are The Moral Demands Of The Profession Different Victorian Bar Review should be in word format and conform with the style guide From Other Moral Demands? prescribed by the Australian Guide for Legal Citation (http://mulr.law.unimelb. edu.au/files/aglcdl.pdf). Jonathan Beach QC Cover Photo The Editors of Victorian Bar News 1971-2011, L to R: The Hon Peter Heerey QC, Paul J Hayes, Gerry Nash QC, Paul Elliott QC, The Hon David Byrne QC (Absent: The Hon Haddon Storey QC, Georgina Schoff SC, Judy Benson, David Henshall; Deceased: The Hon Sir Richard McGarvie AC KStJ QC, Robert Johnston, David Ross QC). www.vicbar.com.au VICTORIAN BAR NEWS Forty Years and Nearly 150 Editions Editorial elcome to the not quite 150th edition of the Victorian Bar News... Milestones in numerous fields of endeavour are regularly observed and Woften celebrated. They give pause for reflection and allow the observer to contemplate the future while reminiscing the past. As Victorian Bar News was about to publish what was thought Victorian Bar News plays an important role at the Victorian to be the much anticipated 150th edition, the enjoyable task Bar. It informs members of the work undertaken by the of carefully looking back on editions past in the course of Victorian Bar Council and also the professional and social preparing an article detailing the history of Victorian Bar activities of their colleagues. It is a platform for the Bar’s public News, revealed an inconvenient and amusing truth resulting in voice and is a means through which the Victorian Bar and what can only be described as a Pythonesque outcome. It was its members can be promoted within and beyond Victoria. It deadline day. Virtually all of the copy for the 150th edition had also fosters collegiality amongst members of the Bar which been submitted, the layout was almost complete, advertising is becoming increasingly important as the Victorian Bar had been booked and paid for, the printers were on stand-by becomes more fractured geographically by chambers and and the special 150th edition celebratory cake and champagne by speciality. were about to be devoured by some of the former Editors The voluntary task of producing Victorian Bar News is of Victorian Bar News, when suddenly it was brought to our an enormous one. Many who have been involved in the attention that this edition, the 150th, was not the 150th, but production of Victorian Bar News agree that the job can be was in fact the 149th! often frustrating and time-consuming, sometimes it can Ross Nankivell’s outstanding research undertaken for this be irritatingly political, but it is always fun and extremely milestone edition of Victorian Bar News disclosed that back in satisfying once each edition lands in members’ pidgeon holes. Spring 1986, an error was made in the numbering of edition As the current Editor of Victorian Bar News, I sincerely thank number 57 of Victorian Bar News, which was mistakenly everyone who has been involved in or contributed to the numbered edition number 58. This error was then carried production of Victorian Bar News over the past forty years. forward, undiscovered until now, for almost twenty-five years and ninety-one editions. After forty years and nearly 150 editions, I am sure the readers of Victorian Bar News will all unanimously agree that it is a The lead article appearing in this edition which details the milestone worth celebrating. history of Victorian Bar News and its remarkable evolution (which was meticulously researched and compiled by Paul J Hayes Ross Nankivell of the Victorian Bar Office), illustrates that the production of Victorian Bar News over time has often been pleasingly hallmarked by trial and error and amusing Letter to the Editor incidents. This edition, the 150th numbered edition, is one such humorous quirk or error, which in the interests Dear Editor, of tradition and convenience will be let through to the I am not a great fan of the revamped journal however keeper as we proceed to celebrate this milestone edition, I recognise that different editors have different approaches notwithstanding. to the task neverthless I raise a voice of protest at the latest This edition of Victorian Bar News (Autumn) edition and its appalling choice of font. Whether is also significant for another reason, the downsizing was a nod to style or an attempt to cut as it contains the first edition of down on the total number of pages in an edition its effect is the Victorian Bar Review. The significant eye strain compared to previous editions. Victorian Bar Review is intended to I would very much appreciate a speedy reversion to a point operate as a distinct legal journal size and font style more conducive to the relaxed read that within Victorian Bar News, in the News in its current form is supposed to provide. which contributions addressing current issues of legal principle or Sincerely, jurisprudence will be published. We Sam Tatarka are delighted that Baron Walker of The font point size has been increased in this edition of Gestingthorpe and Jonathan Beach Victorian Bar News. QC are featured in this first edition The rogue edition, of Victorian Bar Review. - Editor VBN No. 58, Spring 1986. 4 EDITORIAL Change and Continuity Chairman’s Cupboard The Supreme Court kindly agreed to let us use the Supreme Court Library for a cocktail function. I would like to thank Will Alstergren, William Lye and the staff of the Bar Office for their invaluable work, which enabled the course to be so successful. The ABA has decided to hold the course in congratulate the editor of Victorian Bar News, Paul Hayes, Melbourne again next year, and I would strongly encourage on this milestone edition of the journal. Thanks must also members of the Bar to consider attending. go to the distinguished past editors of the publication. Both Bar Council projects Ithe current editor and past editors have devoted an enormous amount of time to the preparation of the journal for publication Two projects which have been in train for some time, and and we, the members of the Bar, owe them a great debt. should come to fruition over the next few months, are the review of the clerking system and the review of the Silks Change of State Government selection process. In relation to clerking, the working group is soon to publish to members a discussion paper setting out One of the significant events of recent months has been the its proposed recommendations and provisional views, and change of State Government and with that, the swearing in seek submissions.
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