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Victorian Bar News Editorial Committee: Robert Heath and Anthony Strahan (Deputy Editors), Lindy Barrett, Maree Norton and Catherine Pierce

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Victorian Bar News Editorial Committee: Robert Heath and Anthony Strahan (Deputy Editors), Lindy Barrett, Maree Norton and Catherine Pierce ISSUE 154 SUMMER 2013 VICTORIAN Isaac Isaacs—Driven, Difficult, Influential By The Hon Michael Kirby AC CMG BAR From Attorney-General NEWS to General Attorney Law After Politics Show Them Build It and They the Way Will Come How New Jury Directions Work An Arbitration Centre for Victoria 154 Happy Birthday—Women Barristers Association turns 20 ISSUE 154 SUMMER 2013 VICTORIAN 46 Can Fairness Be Flexible? BAR ANTHONY STRAHAN Editorial 52 The Victorian Centre for NEWS Commercial Arbitration and Through the Looking Glass 3 Mediation CATHERINE PIERCE THE EDITORS 55 Compelling Altruism Letters to the Editors 4 SHAUN GINSBOURG 56 Court Jesters—Has Humour a Role in Court? JUSTIN TOMLINSON Around Town 60 The History of the Service for Women Barristers Association 5 the Opening of the Legal Year Celebrates 20 Years THE HON JOHN M BATT SUZANNE KIRTON 65 Changes to Jury Directions Justice for ‘Breaker’ Morant 6 in Criminal Trials JAMES UNKLES 16 SHAUN GINSBOURG 12 Angry Men JACQUI PITT, 8 68 Castles in the Air— The DAVID KIM & MAREE NORTON Extension of Owen Dixon Lawyers Weekly Women 10 Chambers West EDWIN GILL in Law Awards MAREE NORTON 69 Hobnobbing with Barrister Victorian Bar Pro Bono Awards 12 Blogging PAUL DUGGAN Once Were Warriors— 15 Bar v Solicitors Football MATT FISHER Ethics Committee Bulletins Photo Competition 16 71 Ethics Committee Bulletin 3 42 of 2013 HELEN SYMON SC News & Views Back of the Lift From the Chair’s Table 23 Entries for Back of the Lift are current FIONA MCLEOD SC up to 6 September 2013. Message from the New Chairman 25 60 72 Adjourned Sine Die WILL ALSTERGREN SC 75 Silence All Stand Reform in the Court—Civil 26 86 Obituaries Litigation in the Supreme Court THE HON CHIEF JUSTICE WARREN AC 91 Gonged! Isaac Isaacs—Driven, 28 92 March 2013 Victorian Difficult, Influential Bar Readers’ Course THE HON MICHAEL KIRBY AC CMG 93 Quarterly Counsel Looking Back to Step Forward – 32 95 Bar Council 2013-14 The Women Barristers Association: 96 Senior Counsel 2013 20 Productive Years DIANA PRICE Conversion Reconversion 36 THE HON NEIL BROWN QC 100 Boilerplate Abraham Lincoln—Patent Lawyer 42 98 A Bit About Words—Dead THE HON PETER HEEREY AM QC JULIAN BURNSIDE PROUDLY AUSTRALIAN MADE A Right Honourable Portrait— 44 100 Gallimaufry JOHN COLDREY Sir Ninian Stephen 102 Red Bag, Blue Bag www.cubec.com.au | www.facebook.com/cubecclothing by Rick Amor PAUL HAYES 103 Food & Drink SUITS, SHIRTS AND TIES FOR MEN AND WOMEN Womens four piece suits | Jacket, Pant, Skirt, Vest all available in sizes 6 - 20 and sold separately 104 Verbatim 241 FLINDERS LN, MELBOURNE, 03 9663 9717 | SHOP 19 GOLDSBROUGH LN, MELBOURNE, (CNR WILLIAM & BOURKE STREET), 03 9602 3368 | 144 LT COLLINS STREET, MELBOURNE, 03 9650 8198 ISSUE 154 SUMMER 2013 VICTORIAN Georgina Costello BAR and Justin Tomlinson NEWS photo by peter bongiorno by photo Editors: Georgina Costello and Justin Tomlinson Victorian Bar News Editorial Committee: Robert Heath and Anthony Strahan (Deputy Editors), Lindy Barrett, Maree Norton and Catherine Pierce. Contributors: Richard Attiwill SC, David Batt SC, The Hon John Batt, Lindy Barrett, Denise Bennett, Elizabeth Bennett, Tim Bourke, Amy Brennan, The Hon Neil Brown QC, The Hon Sally Brown AM, Julian Burnside, The Hon John Coldrey, Matthew Connock SC, Through the Looking Glass Georgina Costello, Philip Crutchfield SC, Jane Dixon SC, Paul Duggan, Matthew Fisher, Edwin Gill, Shaun Ginsbourg, The Editors Allana Goldsworthy, Ashley Halphen, Justin Hannebery, Paul Hayes, The Hon Justice Hayne AC, Robert n an essay first published in 1946 called “Why I write”, Heath, The Hon Peter Heerey AM QC, Rohan Hoult, David Kim, The Hon George Orwell said, Michael Kirby AC CMG, Suzanne Kirton, Kim Knights, Peter Lithgow, Kevin Lyons “… one can write nothing readable unless one constantly struggles to efface one’s SC, Lino Marchetti, Ian McEachern, Sue personality. Good prose is like a window pane.” McNicol SC, Peter Morrisey SC, Maree Norton, Catherine Pierce, Jacqui Pitt, Victorian Bar News compiles a collection of prose from the multitude of Diana Price, Stephen Rebikoff, Philip readable writers in this place. As editors, we do not wish to impose our Solomon SC, Anthony Strahan, Melanie Szydzik, Sam Tatarka, Francis Tiernan SC, personalities. Instead, we reflect back to you some of the ideas, achievements Justin Tomlinson, James Unkles, The Hon andI important moments of Victorian barristers past and present. Our work Chief Justice Warren AC, John Werner. as barristers can be glorious, and it can be difficult. We hope in these pages Cover Photo: Matthew Townsend to give you a view into the chambers of your colleagues past and present. Publisher: The Victorian Bar Inc. Victorian Bar News cannot print today’s news, or this minute’s thoughts. Owen Dixon Chambers, 205 William Street, Melbourne 3000. It is not a blog. But in the age of declining print journalism we have a rare Registration No A 0034304 S. opportunity to print something that is pitched just for the Bar, in ink, without This publication of Victorian Bar News worrying about circulation. By printing images of you in words and pictures, may be cited as (2013) 154 VicBN. we take a mirror to our members and record our collective progress for Opinions expressed are not necessarily those of the Bar Council or the Bar or posterity. In the obituaries section, members of our bar have written pieces of any person other than the author. that capture some of the glory and pain of our past members, some of whom To the best of our knowledge, the had distinguished political and public lives. Read and weep and chuckle and be information in this issue was correct as at the time of printing. warned and comforted that one day your obituary will be here in these pages. Advertising: All enquiries including We would hate to squander this opportunity to circulate the Bar’s news on the request for advertising rates to be trivial or stale, but the witty is welcome. Send us your essays, your pictures of sent to: change, your missives, so that we can continue to print them. We hope you see Ms Sally Bodman yourself or someone like you in these pages. If not, please write something for us. The Victorian Bar Inc. 205 William Street, Melbourne 3000 Barristers matter to public life in Australia and beyond. Barristers’ work Tel: (03) 9225 7909 affects people’s lives, concerns people’s children, homes, land and business, Email: [email protected] develops the common law, keeps some people out of jail, puts others in, Design and Production: The Slattery causes law reform and translates justice and injustice into clients’ language. Media Group; www.slatterymedia.com Part of the way barristers lead and inspire other barristers is by example. Contributions: All contributions to Victorian Bar News should be in Word This edition presents many images and descriptions of the lives and works format and are to be emailed to of our community of barristers, including the stories of those who arrive to [email protected]. and depart from our Bar, are appointed to the bench, retire as judges, make silk, sign the Bar roll, win accolades, win and lose political office, change the world, inspire others, and pass away. This Summer 2013 issue is filled to the brim with articles on a range of topics that should sate the reader’s appetite until the Winter Bar News is VBN 3 around town around despatched to your pigeonholes. Special TO AROUND mention could be made of the Hon Michael Letters THE Editors Kirby’s piece on Isaac Isaacs, Neil Brown QC’s fascinating article about lawyers who convert to politics (and some who Time for change: President come back), Diana Price’s reflections Tow n on the 20th anniversary of the Women (not Chairman) of the Victorian Bar Barristers’ Association, Paul Hayes’ Dear Editors, thoughtful description of the Bar’s portrait I suggest that it is time the Victorian Bar changed the description of great public figure and lawyer, Sir of its head from “Chairman” to “President”. Women Barristers Association Celebrates 20 Years Ninian Stephen and the Chief Justice’s Every other State and Territory Bar Association and Bar Council in Australia, summary of civil reforms at the Supreme without exception, has a President. The description of “Chairman” is an Anniversary Dinner 5 June 2013 SUZANNE KIRTON, IMMEDIATE PAST CONVENOR Court. Additionally, in our photographic anachronism and not a good one. When was the last time you heard of competition for this edition, we asked you a school Principal referred to as the Headmaster? Would you consider he Women Barristers Association opening, congratulating all the women being able to attend, but providing us with to send us photographs of “barristers at a school headed by a Headmaster to be a progressive institution or one celebrated its 20th anniversary present on the achievements made over her personal memories of her life as a work”. Thank you for your pictures; they mired in the past? T with a gala dinner at the Essoign Club the past 20 years and noting the work solicitor, the difficulties of being a woman expose the daily details of our lives, the Whilst there are difficulties associated with describing a female on 5 June 2013. still to be done. It is a real privilege for in public life and exhorting us to continue beauty of our Courts and chambers, the as “Chairman”, I encourage you to consider that the title we give The Club was packed to overflowing, WBA to have had such an accessible excelling in our chosen profession.
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