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VICTORIAN BAR NEWS No VICTORIAN No. 121 ISSN 0150-3285BAR NEWS WINTER 2002 Launch of the New County Court Welcome: Justice Robert Osborn Farewell: The Honourable Professor Robert Brooking QC Allayne Kiddle: Victoria’s Third Woman Barrister’s Refl ections on Her Life at the Bar Mr Junior Silk’s Speech to the Annual Bar Dinner Response to Junior Silk on Behalf of Judiciary at Bar Dinner Justice Sally Brown Unveiled R v Ryan ReprieveAustralia’s US Mission Revisited The Zucchini Flower of Queen Street Annual Box Trophy 3 VICTORIAN BAR NEWS No. 121 WINTER 2002 Contents EDITORS’ BACKSHEET 5 A New County Court and New Insurance Premiums ACTING CHAIRMAN’S CUPBOARD 7 Laws of Negligence — Where to Now? ATTORNEY-GENERAL’S COLUMN 9 Autumn Session Reforms PRACTICE PAGE 11 Amendment to the Rules of Conduct 13 Professional Indemnity Insurance for Former Barristers CORRESPONDENCE 14 Letter to the Editors Welcome: Justice Robert Osborn Farewell: The Honourable Professor Robert Brooking QC WELCOME 15 Justice Robert Osborn FAREWELL 16 The Honourable Professor Robert Brooking QC ARTICLES 21 Launch of the New County Court of Victoria 32 Allayne Kiddle: Victoria’s Third Women Barrister’s Reflections on Her Life at the Bar NEWS AND VIEWS 40 Verbatim 41 Mr Junior Silk’s Speech to the Annual Bar Mr Junior Silk’s Speech to the Dinner Annual Bar Dinner 48 Response to Junior Silk on Behalf of Judiciary at Bar Dinner 50 R v Ryan 51 Justice Sally Brown Unveiled 52 ReprieveAustralia’s US Mission Revisited 52 Lethal Lawyers 55 Union Confidence Justice 56 Angola 56 Choosing Death 58 The Gift of Time 59 A Bit About Words/Doublespeak 61 Lunch/Caterina’s Cucina: The Zucchini Flower Allayne Kiddle Justice Sally Brown Unveiled of Queen Street SPORT 62 Royal Tennis/Annual Box Trophy LAWYER’S BOOKSHELF 63 Books Reviewed 66 CONFERENCE UPDATE Cover: The new County Court building — the new face of justice. The launch ceremony addresses follow at pages 21–30. Annual Box Trophy 3 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 Vilification 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, Olyvia Nikou SC, 69–79 Fallon Street, Gerard Nash QC and Paul Elliott QC Carolyn Sparke, Georgina Schoff, Paul Brunswick Vic. 3056 Duggan, Judy Benson, Nicola Gobbo This publication may be cited as Editorial Board David Johns (Photography) (2001) 121 Vic B.N. Julian Burnside QC Advertising Graeme Thompson Published by The Victorian Bar Inc. Owen Dixon Chambers, Publications Management Pty Ltd Editorial Consultant 205 William Street, Melbourne 3000. 38 Essex Road, Surrey Hills, David Wilken Victoria 3127 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] 4 5 Editors’ Backsheet A New County Court and New Insurance Premiums HE new County Court building was officially opened on 31 May 2002. TAfter the official opening by the Premier in the morning, there followed a ceremonial sitting of the Court in the afternoon and a reception in the Grand Hall. The opening of the new Court is the culmination of many years of hard work by Chief Judge Waldron together with his supporting committee headed by Judge Michael Strong. As the Chief Judge pointed out in his address to the ceremonial sitting, the original Court built in 1969 did not meet the demands of the Court from its very opening. The Court was too small, the lifts too few and the design public and lawyer unfriendly. Over the years the building on the corner of William and Lonsdale Streets had to be augmented by other temporary premises. Those who practise in the County Court will not have fond memo- the most judges by their first names. conference breaks in April and the four- ries of the temporary premises in the old Results of the competition have been sup- week July vacation. Corporate Affairs building in Little Bourke pressed. Street. Aptly named “whiplash valley” The photographs and speeches in this PROFESSIONAL INDEMNITY these temporary premises were even edition of Bar News testify to what is INSURANCE more inhospitable than the 1969 building. hoped to be a great improvement in the The withdrawal of Suncorp Metway from There followed the move to 565 Lonsdale functioning of the Court. It is to be hoped the provision of professional indemnity for the civil Courts. This building housed that with a move to new premises there insurance to barristers caused quite both the offices of the DPP and civil, jury will be an improvement in the listing of a kerfuffle. Initially Suncorp Metway and Workcover Courts. Again, the design cases in the Court. Despite many efforts decided that it was not in the company’s left much to be desired. Thronging about to improve listings, the general consensus commercial interest to continue profes- the dull corridors of this Court, whilst of barristers is that it is still very difficult sional indemnity insurance. This caused a attempting to “get on”, was never one of to get a civil or criminal case on. great problem as it appeared that no other the most exhilarating experiences in life The sight of a reserve civil Court insurance company really wanted to take for barristers, solicitors and clients. crowded with enough barristers to fill up the slack. Then Suncorp Metway had Early opinions of the new Courts are fourteen reserve cases should be avoided. a change of heart and decided to re-enter glowing. Certainly the judges are happy Criminal barristers complain that even the market. At first this all appeared too with their new chambers. Although there with the new manner of listings, having late. Only one insurance company was are some minor quibbles about toilet set much time aside to prepare a long approved by the Legal Practice Board facilities. The entrance and the Great Hall criminal case, often that case is adjourned to provide professional indemnity insur- together with the ceremonial Court are or is unable to be reached. ance. This gave Affinity Risk Partners a excellent additions. The Court has been The task of moving the Court was a monopoly of the market. designed with an eye to security, with the mammoth one. Hundreds of boxes of files Much shock and horror was caused judges’ chambers being protected from together with much of the paraphernalia when that company’s application form the public. and belongings of judges and staff alike was delivered to barristers. To begin with The Court has grown from humble needed to be moved across from one Parliament had to extend the period for beginnings to now boast fifty-five sitting corner of Lonsdale Street to the other. It insurance because of the difficulties in judges. Perusing the assembled judiciary is obvious that the move and the reloca- getting insurance companies to provide at the ceremonial opening provided quite tion program was a difficult one as it was cover. When that cover was to be pro- a spectacle in purple. Those barristers necessary to close the Court down for two vided, many were surprised at the enor- lucky enough to be invited held a com- weeks. It certainly gave many barristers a mous increase in premiums which were petition to see who could claim to know tax break especially coupled together with linked to income, together with the fact 4 5 that the insurance pool was to be limited ple the bad risks? It could be argued that for after dinner speech skills. In the future to $15 million with a maximum insurance those who earn larger incomes are more our Bar could allow Mr Junior Silk to make of $1.5 million before top-up cover was skilled and competent and should not be a speech which is not necessarily the needed as extra cost.
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