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What Does the Saga Mean For 165 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 165 WINTER 2019 2019 Dr Katie Pro bono VICTORIAN Victorian Greenaway awards Bar Dinner on keeping BAR secrets NEWS WHAT DOES THE BARRISTER X WINTER 2019 SAGA MEAN FOR US? 165 Plus: Where do we come from? The diverse backgrounds of our barristers. ISSUE 165 WINTER 2019 MONASH VICTORIAN LAW BAR NEWS News and Views Editorial 40 What does the ‘Barrister X’ saga Confronting the 5 mean for us? challenges before us Gain a NATALIE HICKEY WITH MATT COLLINS THE EDITORS 42 The mental health benefits Letters to the editors 7 and burdens of keeping Cultural intelligence at the Bar 8 other people’s secrets competitive ARUSHAN PILLAY AND RICHARD INGLEBY NATALIE HICKEY President’s report 10 44 A barrister’s obligations to keep MATT COLLINS 34 client information confidential CEO Report 12 ROISIN ANNESLEY, CHAIR ETHICS COMMITTEE KATHERINE LORENZ 46 Where we come from edge for your COLIN GOLVAN QC Around town 52 2019 Pro Bono Awards 14 Delusions of certitude: An interview VBN with Dr James Raymond JUSTIN WHEELAHAN 2019 Victorian Bar Dinner 18 54 Disruption and innovation in the VBN future in law. family law space Peter O’Callaghan QC 24 TALYA FAIGENBAUM & ANNETTE CHARAK Gallery extension Bar Lore SIOBHAN RYAN 56 The more things change, the more The Gallery’s new space— 25 they stay the same JACK RUSH Enrol now in 3 new tech subjects: The Hartog Berkeley QC Room 46 THE HON SUSAN KIEFEL AC, CHIEF JUSTICE Back of the Lift 60 Silence all stand Testing their mettle: 30 Legal Tech Studio Prospective arbitration 67 Vale professionals moot 78 Gonged! in Melbourne 78 2018 Silks appointments CAROLINE KENNY, CIARB 79 Victorian Bar Readers Law in the Age of PRESIDENT AUSTRALIA Boilerplate Launch of United Chambers 32 80 A bit about words Artificial Intelligence in Dandenong: access to JULIAN BURNSIDE justice for the Afghani community ROONA NIDA WITH NATALIE HICKEY 82 Secret Judge 84 Red bag blue bag Online Dispute Richter & Dunn portrait unveiling 34 56 CAMPBELL THOMSON 86 How storytelling is integral to justice Resolution PETER HEEREY Playing for the inaugural 38 87 Book Reviews Serviceton trophy at Royal Adelaide, returning empty-handed 91 Response to Christchurch CAROLINE PATERSON JENNIKA ANTHONY-SHAW 92 Her name is the marathon The Flagstaff Bell 39 CAROLINE PATERSON and she is dangerous MARK PURVIS For more information visit: bit.ly/LLMTech 80 ISSUE 165 WINTER 2019 VICTORIAN CPD IN SESSION BAR Editorial NEWS Confronting the Editors: Natalie Hickey, Justin Wheelahan 12-MONTH and Annette Charak. SOLO Victorian Bar News Editorial Committee: challenges before us Natalie Hickey, Justin Wheelahan, Annette SUBSCRIPTION Charak (editors), Maree Norton, Carmella Ben- $295 Simon, Campbell Thomson, Meg O’Sullivan NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK, EDITORS Continuing professional (Bar Council representative), Tony Horan, Brad Barr, Haroon Hassan, Jesse Rudd, Hadi Mazloum, Reiko Okazaki, Veronica Holt, Denise nformant 3838”, “EF” or “Lawyer X”. Whether it be the development by the Bar $199 Bennett, Amanda Utt, Sarah Harrison-Gordon. Victorian Police, the High Court of Australia or the Contributors: (In alphabetical order) Roisin Annesley QC; Jennika Anthony-Shaw; Fatmir popular press, each has its own acronym for Nicola for the profession Badali; Michael Beaumont; Peter Booth; Julian Gobbo. Our choice, “Barrister X”, was intended to reflect Burnside AO QC; Annette Charak; Matt Collins the particular consequences of the past seven months of QC; Mark Dreyfus QC MP; Philip Dunn QC; revelations for the Victorian Bar as a community sharing Tony Elder; Talya Faigenbaum; Jane Forsyth; Julia Frederico; Raymond Gibson; Roger common values. Gillard QC; Annabel Glover; Colin Golvan Ms Gobbo was previously an active member of our community. She made QC; Wendy Harris QC; Paul Hayes QC; Peter contributions such as organising the 2003 Criminal Bar Association dinner. Heerey AM QC; Gary Hevey; Natalie Hickey; She was a Victorian Bar News committee member from at least 2000 until Liam Houlihan; Paul Holdenson QC; Richard Ingleby; Murray Kellam AO QC; Caroline “I2003. Ms Gobbo ceased to practise in 2009. Kenny QC; The Honourable Chief Justice Kiefel For the Victorian Bar, there has been a serious challenge to its reputation. AC; Andrew Kirkham AM RFD QC; Katherine In December 2018, the High Court labelled one of our former members as Lorenz; William Lye AOM QC; Shanta Martin; a person who had committed fundamental and appalling contraventions of Gerard Meehan; Roona Nida; Tom O’Bryan; Caroline Paterson; Arushan Pillay; Mark Purvis; her ethical obligations. The Bar had to make important and potentially Maria Radford; Robert Richter QC; Jack Rush far-reaching decisions about how to respond to that decision and to deal RFD QC; Siobhan Ryan; Suresh Senathirajah with its implications. Specialist legal education from the Victorian Bar’s acclaimed CPD QC; Greg Smith; Michael Stanton; John Steven; Patrick Tehan QC; Premala Thiagarajan; One of our strengths as a professional organisation CPDprogram isIN now SEavailableSSION for purchase by external subscribers on-line. William Thomas; Campbell Thomson; Cam Truong QC; Frank Vincent AO QC; Minal Vohra is our ability to confront difficult issues. SC; Justin Wheelahan; Paul Willee RFD QC; Photo contributors: Chamik Bandara (Kreativ Agency); Peter Bongiorno; David When launching our Summer 2018 issue, VBN 164, the High Court CPDWHAT IN IS SE CPDSSION IN SESSION? CPDSUBJE INC TSE MATTERSSION EXPERTS Johns; Garth Oriander; Neil Prieto; James decision had just been handed down. Attendees at the launch suggested Raymond; Department of Environment and CPD IN SESSION provides online legal education by Sessions presented by eminent panellists, skilled advisors we commission an article on “Lawyer X” for VBN 165. That would be Primary Industries, Victoria; Fairfax Media; premature. It is for the Royal Commission, currently underway and with the Victorian Bar for solicitors, in-house and government and speakers from across the legal profession. CPD IN Marathon-photos.com; Veneratio, Bigstock; lawyers offering a range of expert seminars and Q&A SESSION provides high quality continuing professional Yorgos Lanthimos/Twentieth Century Fox; its term now extended, to determine the legal implications of Ms Gobbo’s sessions with expert presenters from the judiciary, the development from subject matter experts that is relevant, Publisher: Victorian Bar Inc., Level 5, Owen conduct and to make recommendations. Dixon Chambers East, 205 William Street, Nonetheless, we believe there remain issues that are important for Bar and more. accessible, valuable and responsive to changes occurring Melbourne VIC 3000. Registration No. A us to ventilate now as a guild. One of our strengths as a professional within the legal profession. 0034304 S The publication of Victorian Bar News may organisation is our ability to confront difficult issues. We have FULLY RESPONSIVE CPDCATEGORIES IN SESSION be cited as (2019) 165 Vic. B.N. Opinions sought to respect the ethical foundation of our collegiate identity expressed are not necessarily those of the Bar by addressing the topic of ‘Barrister X’ to the extent we can. In Council or the Victorian Bar or of any person Earn your CPD points across all CPD categories - doing so, we have endeavoured to strike an appropriate balance View or listen on your PC, tablet or mobile device, on- other than the author. demand anywhere, anytime Substantive law, Professional skills, Practice management Advertising: All enquiries including requests in our desire to respect a range of sensitivities. and business skills and Ethics & professional responsibility. for advertising rates to be sent to: In our cover story, “What does the ‘Barrister X’ saga Sarah Harrison-Gordon mean for us?”, we have explored with Matt Collins, Victorian Bar Inc. Level 5, Owen Dixon Chambers East President of the Victorian Bar, the considerations which 205 William Street led to the Bar adopting a front-foot media strategy. Melbourne VIC 3000 Separately, Roisin Annesley, chair of the Ethics Tel: (03) 9225 7909 Committee, reminds us of our client confidentiality Email: [email protected] Illustrations, design and production: obligations, in an appropriately nuanced manner. There Guy Shield and The Slattery Media Group; are, for instance, limited exceptions to this rule, including slatterymedia.com where a client threatens the safety of a person and the Contributions: Victorian Bar News welcomes barrister believes on reasonable grounds that there is a risk www.cpdinsession.com.au contributions to [email protected] to a person’s safety. T 9225 7111 F 03 9225 6068 E [email protected] Nicola Gobbo at the 2008 Victorian Bar Office, Level 5, Owen Dixon Chambers East, 205 William Street, Melbourne 3000 Criminal Bar Association dinner (Source: VBN 146) editorial In recognition of the human Letters aspects of being a barrister (not as a TO comment on Ms Gobbo’s individual editorial editorial THE Editors circumstances), we approached Dr Katie Greenaway, a lecturer and research fellow in social psychology at the University of Melbourne. Dr Greenaway has just completed a landmark study on the effect of keeping others’ secrets with Dr Oh, the line, Michael Slepian from Columbia Business School. Their study the line! provides important insights into the COMMONWEALTH LAW mental health benefits and burdens COURTS 9.32 AM ON of keeping other people’s secrets. Dr THURSDAY 31 JANUARY 2019 Greenaway also provides barristers with practical suggestions to help aroline Paterson submitted this maintain client confidentiality photo shortly after taking it back without psychological strain. VICTORIAN BAR NEWS EDITORIAL COMMITTEE (Standing L-R): Tony Horan, Jesse Rudd, Annette Charak (Editor), in January. She said the line was While the past six months have Haroon Hassan, Hadi Mazloum. (Seated L-R) Campbell Thomson, Justin Wheelahan (Editor), Natalie Hickey (Editor), Cabout 20 minutes long (which seems Carmella Ben-Simon (Absent - Maree Norton, Brad Barr, Veronica Holt, Reiko Okazaki, Meg O’Sullivan [Bar Council involved challenges, there have also representative], Denise Bennet, Amanda Utt, Sarah Harrison Gordon).
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