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155 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 155 WINTER 2014 Dying with Dignity VICTORIAN The Law on Assisted Suicide Our Favourite Knight BAR Ninian Stephen at the Victorian Bar NEWS Dreyfus v Brandis on the Racial Discrimination Act Making a Splash Mindfulness Vic Bar Dives into Spring Swim Can Barristers Think Better? 155 The 2014 Victorian Bar Dinner All the Highlights and Photos Imported from London To order - Simply call us on 03 9670 2000 or visit our website at www.ludlows.com.au Imported from London To order - Simply call us on 03 9670 2000 or visit our website at www.ludlows.com.au Wessex Tabs $14.95 Wessex Collar Studs $9.90 Wessex Tabs $14.95 Wessex Collar Studs $9.90 Wessex - Starched Wing Collar $17.99 Wessex Cotton Tunic $99.00 Wessex - Starched Wing Collar $17.99 Wessex Cotton Tunic $99.00 Mezzanine Level, 530 Lonsdale St Melbourne VIC 3000 www.ludlows.com.au T 03Mezzanine 9670 2000 Level, F 03 9602 530 2266Lonsdale E [email protected] St Melbourne VIC 3000 www.ludlows.com.au T 03 9670 2000 F 03 9602 2266 E [email protected] Wig cleaning and maintenance services PickWig up cleaningand drop andoff availablemaintenance. CLICK services HERE Pick up and drop off available. CLICK HERE ISSUE 155 WINTER 2014 VICTORIAN 44 Winners and Losers in Editorial Australian Asylum Seeker Justice GEORGINA COSTELLO Tradition and BAR Progress at the Bar 3 46 An Affair to Remember: THE EDITORS A Note on the Orr Case NEWS THE HON PETER HEEREY AM QC Letters to the Editors 5 W hat Once was Old is New Again 7 48 You take the Low Road, and I’ll Take High Road… DAVID H DENTON RFD QC Around Town 52 Direct Access – Future for Cover Story: Vic Bar 9 Barristers? MARK FROST Dives into Spring Swim 54 Looking back at a High Court SARAH LEIGHFIELD Case on Religious School Second Undefeated 10 Funding: Freedom of or from Season for Bar Hockey Religion? NICHOLAS GREEN QC ROB O’NEILL 17 58 White Ribbon Day: Not Violent On Another Note: 11 – Not Silent MURRAY MCINNIS The Vic Bar Community Choir 60 My Portrait and the Archibald RICHARD LAWSON FRANK WALSH AM QC 2014 Victorian Bar Dinner 12 63 Red Crest JUSTIN TOMLINSON THE HON JUSTICE VICKERY Lessons I Have Learned 17 64 Mindfulness: a Better Way THE HON JUSTICE HAYNE AC of Being and a Way of Being Arbitration in Transition in the 21 Better JOEL ORENSTEIN 120th Meridian: The Pacific Hour HELEN TIPLADY 67 Ethics Committee Bulletin Launch of the Melbourne 22 Commercial Arbitration and Back of the Lift Mediation Centre 26 Entries for Back of the Lift are current VICTORIAN BAR NEWS up to 20 May 2014. 68 Adjourned Sine Die News & Views 52 71 Silence All Stand From the Chairman’s Table 24 75 Obituaries WILLIAM ALSTERGREN QC 85 Gonged The Attorney-General 26 86 Victorian Bar Readers Course – on Being Free to Disagree September 2013 & March 2014 SENATOR THE HON GEORGE BRANDIS QC 88 Quarterly Counsel Repeal of Laws by Stealth, 28 says Shadow Attorney-General THE HON MARK DREYFUS QC MP Boilerplate Ninian Stephen 30 90 A Bit About Words – “Chaps” at the Victorian Bar JULIAN BURNSIDE PHILIP AYRES 92 Red Bag Blue Bag – Visiting A Moment in Mongolia: 35 88 Solicitors’ Offices Breaking the Ice 94 Book Review GEORGE H GOLVAN QC ASHLEY HALPHEN 95 Exclusive: New ACCC Formed Dying with Dignity 38 MEDIA RELEASE THE HON STEPHEN CHARLES QC 96 Verbatim Advancing Advocacy 43 CHRISTINE MELIS 96 1968 and all that THE HON PETER HEEREY AM QC WELCOWELCOMMEE TO TO YOUR YOUR MEMEMBMBERER BENEF BENEFITSITS PROGR PROGRAMAM InIn the the last last 12 12 months months Member Member Benefits Benefits Australia Australia hashas saved saved onon motor motor membersmembers $1MILLION$1MILLIONvehiclesvehicles alone alone CARCAR ASSIST ASSIST MEMBERSMEMBERS BENEFITS BENEFITSAUSTRALIA AUSTRALIA SaveSave thousands thousands on on 4 years4 years free free service service & & 3 year3 year free free servicing servicing and and 10%10% off theoff thebest best CommercialCommercial pricing pricing across across any anynew new vehicle vehicle SaveSave up toup $10,000 to $10,000 preferentialpreferential pricing pricing preferentialpreferential pricing pricing raterate of the of theday day a rangea range of JB of productsJB products 3 year3 year free free servicing servicing ComplimentaryComplimentary scheduled scheduled CorporateCorporate program program SaveSave 4 cents 4 cents per litreper litreoff the off the SaveSave up toup 40% to 40% SaveSave up toup $6,000 to $6,000 a year a year and andfleet fleet pricing pricing servicingservicing for fourfor four years years includingincluding roadside roadside assist assist pumppump price price on Shell on Shell Fuels Fuels TheseThese great great offers offers and and more more are are available available to toyou you now, now, so so contact contact Member Member Bene Benefitsfi tsAustralia Australia to tostart start saving saving with with our our growing growing list list of ofsupply supply partners. partners. 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VBN 3 ISSUE 155 WINTER 2014 VICTORIAN Georgina Costello and Justin BAR Tomlinson NEWS WELCOME TO YOUR Editors: Georgina Costello and Justin Tomlinson Victorian Bar News Editorial Committee: MEMBER BENEFITS PROGRAM peter bongiorno by photo Georgina Costello, Justin Tomlinson (Editors), Anthony Strahan, Rob Heath (Deputy Editors), In the last 12 months Member Benefits Australia Maree Norton, Catherine Pierce, Justin Hannebery, Denise Bennett and Sally Bodman. has saved on motor Contributors: William Alstergren QC, Philip Ayres, Denise Bennett, Sally Bodman, Her Honour Judge Katherine Bourke, Christopher Boyce, members vehicles alone Senator, the Hon George Brandis QC, Julian $1MILLION Burnside, the Hon Stephen Charles QC, Georgina Costello, the Hon Justice Michael Croucher, Tom Danos, David Denton RFD QC, the Hon Mark Dreyfus QC MP, Paul Elliott QC, Peter T Fox, CAR ASSIST Mark Frost, Sturt Glacken QC, George Golvan Tradition and Progress at the Bar MEMBERS BENEFITS AUSTRALIA 3 year free servicing and Commercial pricing across QC, Nicholas Green QC, Ashley Halphen, Sarah Save thousands on 4 years free service & 10% off the best Hardy, Peter Heerey AM QC, the Hon Joseph Kay, a range of JB products any new vehicle Save up to $10,000 preferential pricing preferential pricing rate of the day Dr Bryan Keon-Cohen AM QC, Richard Lawson, Sarah Leighfield, Melissa Mahady, John Marquis, The Editors Timothy McEvoy, Murray McInnis, Fiona McLeod SC, Kaye McNaught, Christine Melis, Lisa Nichols, Norman O’Bryan AM SC, Stephen O’Meara QC, s barristers we are members of a 3 year free servicing Complimentary scheduled Corporate program Save 4 cents per litre off the Save up to 40% Save up to $6,000 a year Rob O’Neill, Joel Orenstein, Ian Percy, Jeremy profession. 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