AROUND TOWN No.151 Autumn 2012 ISSN 0159 3285 ISSN ’His Excellency’ The Hon Alex Chernov AC QC Governor of the State of Victoria 1 VICTORIAN BAR NEWS No. 151 Autumn 2012 Editorial 2 The Editors - Victorian Bar News Continues 3 Chairman’s Cupboard - At the Coalface: A Busy and Productive 2012 News and Views 4 From Vilnius to Melbourne: The Extraordinary Journey of The Hon Alex Chernov AC QC 8 How We Lead 11 Clerking System Review 12 Bendigo Law Association Address 4 8 16 Opening of the 2012 Legal Year 19 The New Bar Readers’ Course - One Year On 20 The Bar Exam 20 Globe Trotters 21 The Courtroom Dog 22 An Uncomfortable Discovery: Legal Process Outsourcing 25 Supreme Court Library 26 Ethics Committee Bulletins Around Town 28 The 2011 Bar Dinner 35 The Lineage and Strength of Our Traditions 38 Doyle SC Finally Has Her Say! 42 Farewell to Malkanthi Bowatta (DeSilva) 12 43 The Honourable Justice David Byrne Farewell Dinner 47 A Philanthropic Bar 48 AALS-ABCC Lord Judge Breakfast Editors 49 Vicbar Defeats the Solicitors! Paul Hayes, Richard Attiwill and Sharon Moore 51 Bar Hockey VBN Editorial Committee 52 Real Tennis and the Victorian Bar Paul Hayes, Richard Attiwill and Sharon Moore (Editors), Georgina Costello, Anthony 53 Wigs and Gowns Regatta 2011 Strahan (Deputy Editors), Ben Ihle, Justin Tomlinson, Louise Martin, Maree Norton and Benjamin Jellis Back of the Lift 55 Quarterly Counsel Contributors The Hon Chief Justice Warren AC, The Hon Justice David Ashley, The Hon Justice Geoffrey 56 Silence All Stand Nettle, Federal Magistrate Phillip Burchardt, The Hon John Coldrey QC, The Hon Peter 61 Her Honour Judge Barbara Cotterell Heerey QC, The Hon Neil Brown QC, Jack Fajgenbaum QC, John Digby QC, Julian Burnside 63 Going Up QC, Melanie Sloss SC, Fiona McLeod SC, James Mighell SC, Rachel Doyle SC, Paul Hayes, 63 Gonged! Richard Attiwill, Sharon Moore, Georgia King-Siem, Matt Fisher, Lindy Barrett, Georgina 64 Adjourned Sine Die Costello, Maree Norton, Louise Martin and James Butler. 66 Obituaries Publisher 69 The Right Honourable Sir Zelman Cowen The Victorian Bar Inc. 70 Senior Counsel for 2011 Owen Dixon Chambers, 205 William Street, Melbourne 3000. Registration No. A 0034304 S. 72 2011 Readers This publication of Victorian Bar News may be cited as (2012) 151 Vic B.N. This edition of Victorian Bar News may be cited as (2012) 1 VBR. Opinons expressed are not necessarily Boilerplate those of the Bar Council or the Bar or of any person other than the author. 73 To Carry Or Not To Carry Advertising 74 Gallimaufry All enquiries including requests for advertising rates to be sent to: 76 Dear Themis Ms Sally Bodman 77 The Milk Bar The Victorian Bar Inc. 78 A Bit About Words Batman 205 William Street, Melbourne 3000 80 Verbatim Tel: (03) 9225 7943 81 Restaurant Review Email: [email protected] 82 Book Review Design and Production 83 The Chairmans’ Wall Avalanche Creative Solutions Pty Ltd; www.avalanchecreative.com.au Contributors Victorian Bar Review All contributions to Victorian Bar News should be in word format and are to be emailed to 1 Justice Antonin Scalia: A major figure in American Law [email protected]. VBN Boilerplate submissions should not exceed 400 words. The Honourable Peter Heerey AM QC All articles submitted for consideration for publication in Victorian Bar Review should be in word format and conform with the style guide prescribed by the Australian Guide for Legal 5 Domain name disputes and uniform name dispute resolution policy Citation (http://mulr.law.unimelb.edu.au/files/aglcdl.pdf). The Honourable Neil Brown QC Cover Photo The Honourable Alex Chernov AC QC, Governor of the State of Victoria 2 www.vicbar.com.au 3 VICTORIAN BAR NEWS EDITORIAL Victorian Bar News Continues At the Coalface: A Busy and Productive 2012 The Editors Chairman’s Cupboard elcome to the 151st edition of Victorian Bar News. The new Editorial team who worked well together, and under Mark’s leadership we finalised the review of the Clerking System, introduced the It has been just over a year since our last edition. n behalf of the Bar entrance exam for candidates for the Readers’ Course and made WFollowing the release of the bumper 150th edition, Council, may I substantial progress with the preparation of the Discussion the VBN Committee was directed by the Bar Council to cease congratulate the new Paper for the Silks Selection Process. I would also like to record Oco-editors, Paul Hayes, Richard work on Victorian Bar News until further notice, while a Bar our thanks to Sam Hay, who worked long hours in his role as Council working group conducted a review into the future Attiwill and Sharon Moore, and Honorary Secretary and greatly assisted both the Bar Council of Victorian Bar News by addressing three salient questions: their fine team of deputy editors, for their work in producing and the Counsel Committee. this edition of Bar News. This edition is the product of a process Whether to have a print publication at all? If so, what should set in train in March 2011 by the (then) Bar Council, under the Much of the important work of the Bar is undertaken through be its style, content, format and frequency? And, how should it chairmanship of Mark Moshinsky S.C., when a working group its committees and I would also like to record our thanks to be controlled and produced? was established to consider the future of Bar News and report the retiring Chairs and members of committees who have A submission was forwarded to the working group on 28 back to Bar Council with its recommendations. contributed to the work of the Bar in this way. March 2011 by the Editor which argued for the continuation The working group, comprised of Richard McGarvie S.C., Will The 2012 Bar Council and the year ahead of Victorian Bar News in the style of the 150th edition, but Alstergren, Justin Hannebery, Gabi Crafti and me, consulted Letter to the Editors Once again, the Bar Council has a wonderful mix of talented as a half-yearly publication, in order to preserve the new informally amongst members of the Victorian Bar with a view juniors and experienced silks, from a diverse array of quality standards of this publication. On 25 October 2011, Dear Editors, to obtaining feedback about Bar News, ascertaining whether backgrounds and practice areas. We are fortunate indeed to the then Chairman of the Bar Council, Mark Moshinsky SC, members prefer to receive a “hard copy” publication, frequency As I sat down to idly browse through the latest edition of Bar have 14 (out of 21) “continuing” members on the 2012 Bar appointed us (Paul Hayes, Richard Attiwill and Sharon Moore) of publication and content etc, and the desirable number News, I little thought that I would feel obliged to put pen to Council, and this will assist in progressing and consolidating as co-editors of Victorian Bar News. Our retainer is explained of editors or co-editors etc. The General Manager, Stephen much of the work commenced by the last Bar Council. in detail by the current Chairman Melanie Sloss SC in her paper, or to be strictly accurate, finger to keyboard. But in the Hare, also assisted the working group and participated in its adjacent column, however, in short, our brief is to deliver the interests of historical accuracy I cannot leave your article on deliberations as an ex-officio member. The Working Group also In addition to the work we have undertaken towards developing Victorian Bar News, twice yearly (Autumn and Spring), in the Women Lawyers Achievement Awards uncorrected. sought recommendations and suggestions from previous editors a proposal for the continuation of a Court-based system for the style and quality of the 150th edition. I do not know Jane Dixon SC, and I have no reason to believe of Bar News and consulted with the NSW Bar Association in appointment of Senior Counsel in Victoria in 2012, with the that she does not deserve her recent award, but I do know that relation to their publication. Chief Justice being centrally involved as the appointor, matters A fresh new Victorian Bar News editorial committee was such as the implementation of the National Profession Reforms convened and it met for the first time on 1 December 2011 to she is not entitled to one of the “achievements” claimed on her The key recommendations of the working group were: behalf in the article by Joye Ellery. and the continued enhancement of the Readers Course and the plan the current edition. After the long summer court vacation, • To support the continuation of Bar News as a hard copy CPD program provided by the Bar are among the important momentum picked up during February and March as the Jane Dixon was not the first female practitioner employed publication but on the basis that it be structured to produce initiatives that will remain a priority for this Bar Council. We laborious process of putting together Victorian Bar News at Galbally and O’Brien where she started articles in 1984. a magazine of good quality on a regular basis (e.g., March/ are also reaching out and seeking to develop the Victorian Bar’s culminated in the editing and layout tasks which were undertaken It is probable that I was, although it never occurred to me to Autumn edition and September/Spring edition) drawing from links with Asia, following the success of our recent ‘Engaging the during April and May with a new production team, resulting claim that as an achievement or even to consider whether the a broad range of contributors and presented in an attractive Asian Economies - Law & Practice’ conference and visits from a in the release of this current edition.