Annual Report 2012 the Victorian Bar Annual Report 2012 the Victorian Bar the Victorian Bar Annual Report 2011/12 • 1 Contents
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ANNUAL REPORT 2012 THE VICTORIAN BAR ANNUAL REPORT 2012 THE VICTORIAN BAR THE VICTORIAN BAR ANNUAL REPORT 2011/12 • 1 CONTENTS Part I BAR COUNCIL 2011-2012 3 Part II CHAIRMAN’S REPORT 4 Part III BAR OFFICE STAFF 8 Part IV GROUP ENTITIES 9 Part V OTHER ENTITIES 9 Part VI ENTITY REPORTS 11 Part VII BAR ASSOCIATIONS 15 Part VIII STANDING COMMITTEES 21 Part IX JOINT STANDING COMMITTEES 37 Part X JUDICIAL AND OTHER APPOINTMENTS 39 Part XI PERSONALIA 45 Part XII ROLL OF COUNSEL 46 Part XIII FINANCIAL REPORTS 50 Part XIV DETAILED INCOME STATEMENT 70 Part XV BARRISTERS’ BENEVOLENT ASSOCIATION 72 ANNUAL REPORT OF THE VICTORIAN BAR INCORPORATED FOR THE YEAR ENDED 30 JUNE 2012 To be presented to the Annual General Meeting of the Victorian Bar Incorporated to be held on 15 October 2012 in Owen Dixon Chambers East, William Street, Melbourne The Victorian Bar Incorporated Registered No. A0034504S From Left to right: Front row: Matthew Walsh (Assistant Honorary Treasurer), Jack Fajgenbaum QC, Fiona McLeod S.C. (Senior Vice-Chairman), Melanie Sloss S.C. (Chairman), Will Alstergren (Junior Vice-Chairman), Phillip Priest QC. Middle row: Bree Knoester (Honorary Secretary), Andrew Downie, Justin Hannebery, Paul Connor, Ted Woodward S.C., Tim Tobin S.C., Christine Melis. Back row: Adrian Finanzio, Kate Anderson, Richard McGarvie S.C., Rob O’Neill, Jonathan Beach QC (Honorary Treasurer), Michael Wheelahan S.C., Jim Peters S.C., Kim Southey. Absent: Kim Knights, Robert Craig (Assistant Honorary Secretary) THE VICTORIAN BAR ANNUAL REPORT 2011/12 • 3 PART I - BAR COUNCIL 2011-2012 CATEGORY A CATEGORY B Eleven counsel who are Queen’s Counsel, Senior Counsel or junior counsel of not less than Six counsel who are not of Queen’s Counsel or Senior Counsel and are of not more than fifteen fifteen years standing nor less than six years standing Chairman Melanie Sloss S.C. Assistant Honorary Treasurer Matthew J Walsh Senior Vice-Chairman Fiona M McLeod S.C. Member P Justin Hannebery Junior Vice-Chairman E William Alstergren Member Adrian J Finanzio Member Jacob (Jack) I Fajgenbaum QC Member Paul X Connor Member Phillip G Priest QC Member Kim J Knights Honorary Treasurer Jonathan B R Beach QC Member Katharine J D Anderson Member Timothy P Tobin S.C. Member James W S Peters S.C. CATEGORY C Member Richard W McGarvie S.C. Four counsel who are not of Queen’s Counsel or Senior Counsel and are of less than six years standing Member Michael F Wheelahan S.C. Member Robert W O’Neill Member Edward W Woodward S.C. Member Kim M Southey Member Andrew P Downie Member Christine Melis HONORARY SECRETARIES Appointed by the Victorian Bar Council Honorary Secretary Bree Y Knoester Assistant Honorary Secretary Robert G Craig PART II - CHAIRMAN’S REPORT THANKS TO THE 2011 BAR COUNCIL O’Neill, Andrew Downie and Christine Melis. Bree Knoester that Her Honour will be able to continue to perform this role became Honorary Secretary and Robert Craig took her place as into the future. As this Annual Report straddles the 2011 and 2012 Bar Council Assistant Honorary Secretary. years, I would like to commence by recording my personal Aside from the Silks process, the Chief Justice has also been thanks to the past Chairman, Mark Moshinsky S.C., and an active supporter of many Bar initiatives, such as the Asia the other members of the 2011 Bar Council who retired at RELATIONSHIPS WITH GOVERNMENT AND THE law conference and the Readers Course, and she has fostered the last election – namely Brendan Murphy QC, Chris Caleo COURTS and advanced the concept of a State Law Library. I wish to record my thanks to the Chief Justice for the invaluable S.C., Carolene Gwynn, Cam Truong, Michael Rush and Gabi As a Bar Council, we have also continued and strengthened support and assistance that she, and the Court generally, have Crafti - for their significant contribution to a range of important a productive working relationship with the State and Federal provided to the Bar throughout my term as Chairman. projects. The 2011 Bar Council was a very strong, egalitarian Attorneys-General, the Honourable Robert Clark MP and the and cohesive group of people who worked well together, Honourable Nicola Roxon MP. Each of them has actively and under Mark’s leadership we finalized the review of the engaged in consultation with the Victorian Bar and made time LINKS WITH ASIA Clerking System, introduced the entrance exam for candidates to participate in and contribute to Bar activities, including our We are reaching out and seeking to develop the Victorian for the Readers’ Course and made substantial progress with CPD program. the preparation of the Discussion Paper for the Silks Selection Bar’s links with Asia, following the success of our recent Process. I would also like to record our thanks to Sam Hay, The Bar also values highly our relationships with the Courts, ‘Engaging the Asian Economies - Law & Practice’ conference our Honorary Secretary, who worked long hours in his role both State and Federal. We were delighted to have Chief in late 2011 and visits from a number of delegations from and greatly assisted both the Bar Council and the Counsel Justice French of the High Court of Australia as the opening China, Singapore and Hong Kong. Recently, William Lye, the Committee. speaker for our Bar CPD Conference in February, which was Chair of CommBar’s Asia Law Practice Group, represented a great success, thanks to the support and involvement of so the Victorian Bar as a member of the Premier’s Trade Mission Much of the important work of the Bar is undertaken through many members of the Judiciary and our Bar. to China. This was a unique opportunity for the Victorian its committees and I thank each of the retiring Chairs and Bar, working in consultation with the Law Institute of Victoria members of the 2011 Bar committees who have contributed The Chief Justice, the Honourable Marilyn Warren AC, in (LIV) (through its President-elect, Reynah Tang), to market our to the work of the Bar in this way. particular, has been a great supporter of our Bar. I have respective organizations and legal services to the wider Asian already conveyed publicly the Bar’s thanks to Her Honour for market. THE 2012 BAR COUNCIL the important role that she performs each year in considering the applications for appointment as Senior Counsel. We are THE SECOND ANNUAL BAR CPD CONFERENCE The 2012 Bar Council has a wonderful mix of talented juniors pleased to have a pilot process underway for the continuation and experienced silks, from a diverse array of backgrounds of a Court-based system for the appointment of Senior The CPD Committee arranged the second annual Victorian and practice areas. We have been fortunate indeed to have Counsel in Victoria in 2012, with the Chief Justice centrally Bar CPD Conference at the Hilton on the Park on the 14 (out of 21) “continuing” members on the current Bar involved as the appointor. Whilst the pilot process aims to weekend of 18 and 19 February 2012. The Honourable Chief Council, and this has assisted us to progress and consolidate assist Her Honour with the workload, we are nevertheless Justice French AC delivered the opening address and the upon much of the work commenced by the last Bar Council. very conscious of the significant demands the Silks process Commonwealth Attorney-General, the Honourable Nicola The new members who joined the Bar Council following the places upon her and the time and attention she devotes to it, Roxon MP gave a keynote address to the Conference which, elections in November 2011 are James Peters S.C., Michael both in consulting with the Judiciary and the profession more notably, was the first address she delivered in her new role Wheelahan S.C., Ted Woodward S.C., Adrian Finanzio, Robert generally, and in making the selection. We very much hope as Attorney-General. The Conference program was diverse, THE VICTORIAN BAR ANNUAL REPORT 2011/12 • 5 and over 220 barristers and judges attended. The Sunday and-order-policies demand. The Bar also argued for greater particular, David O’Callaghan S.C. (Chair), Fiona McLeod S.C. presentation on Written Advocacy by Professor Jim Raymond equity in the setting of fees paid to counsel. One success (immediate past Chair), Jacqueline Stone of the Bar Office, was particularly well received. of the closer liaison of the profession with Victoria Legal Aid Sue McNicol, Adrian Finanzio and Professor the Honourable has been the introduction of annual fee indexation – VLA George Hampel AM QC for their tireless work in delivering As with last year’s CPD Conference, the feedback was very announced a two per cent increase in all fee scales effective 1 a first class Readers Course – and Wendy Pollock in the Bar positive and the Bar Council has decided to hold another August 2012. Office for the administrative implementation of the September weekend CPD Conference in March 2013. 2011 and March 2012 courses. I thank, in particular, David Neal S.C. for his tireless and ongoing I thank Michael Pearce S.C. (Chair) and the members of the advocacy for legal aid fees and funding and access to justice CPD Committee, and the Bar Office staff for their role in over the course of many years. Representing the Bar on the CORE COMPETENCIES AND ADVANCED AND ensuring the success of this year’s Conference. Law Council of Australia Access to Justice Committee, David SPECIALISED SKILLS TRAINING and Simon Moglia recently addressed the Bar Council – which During the year the Bar sought and received funding from the NATIONAL PROFESSION REFORM AND ABA resolved to endorse that Committee’s key campaign objectives Professional Standards Council (PSC) and the Legal Services BARRISTERS CONDUCT RULES towards increased Commonwealth funding for legal aid.