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VICTORIAN BAR NEWS ISSUE 160 SUMMER 2017 Red White and Who? VICTORIAN Observations on the USA BAR Chief Justices NEWS at the MCG

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VICTORIAN BAR NEWS ISSUE 160 SUMMER 2017 Red White and Who? VICTORIAN Observations on the USA BAR Chief Justices NEWS at the MCG 160 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 160 SUMMER 2017 Red white and who? VICTORIAN Observations on the USA BAR Chief Justices NEWS at the MCG The Bar in Broadmeadows Western Bulldogs Premier lawyers behind the scenes 160 All the Bar news: Commbar in London and more... DON’T LOSE ACCESS TO THE ICLR LAW REPORTS 1 JANUARY 2017. DEADLINE DAY. The Incorporated Council of Law Reporting for England and Wales - publisher of the official law reports - is about to remove its law reports from the online services operated by LexisNexis and Thomson Reuters in Australia, Canada, New Zealand and the United States. If you are renewing an annual subscription with LexisNexis or Thomson Reuters in 2016 that includes access to ICLR law reports, access to that content will end as of 1 January 2017. Thereafter, ICLR will provide its case law service directly through its established online platform, ICLR Online. If you wish to continue to be provided with access to The Law Reports, The Weekly Law Reports and other ICLR content, it is essential that you contact ICLR as soon as possible so we can help to ensure a smooth transition of service. To find out more, including why we are disaggregating, visit iclr.co.uk/disaggregation Contact [email protected] call us on +44 207 242 6471 or sign up for a free trial at iclr.co.uk ISSUE 160 SUMMER 2017 VICTORIAN BAR Editorial NEWS 40 Making history 3 Celebrating Justice Hayne THE EDITORS KATHLEEN FOLEY 42 Letters to the editors 4 Relocating David Levin QC THE HON JOHN DIGBY Message from the incoming 5 2016-17 Bar Council President 44 Western Bulldogs: Premier JENNIFER BATROUNEY QC lawyers behind the scenes ROBERT HEATH Around town The London 2016 International 6 Bar Lore Commercial Law Conference 48 The 1986 Parliamentary Commission (London 2016) 18 into the conduct of Justice VBN Lionel Keith Murphy The Bar in Broadmeadows: 8 THE HON STEPHEN CHARLES an event with Hume City Council 58 The Library of Sir Owen Dixon ANGELA LEE JAMES MERRALLS AM QC Chief Justices join barristers 10 62 A history of the Victorian Bar at the MCG: Joint ABA CHARLES PARKINSON and Vic Bar conference JILLIAN WILLIAMS Back of the Lift Important new portrait 14 64 Adjourned Sine Die for our Bar’s own gallery SIOBHÁN RYAN 66 Silence all stand International arbitration update 16 22 69 Vale DR VICKY PRISKICH 78 Gonged For the public good: 18 79 Victorian Bar Readers the 2016 Pro Bono Awards 80 New silks Q&A HAROON HASSAN 28 84 Victorian Bar council Hockey: All in the family 21 VBN Boilerplate News and Views 86 A bit about words JULIAN BURNSIDE QC Gun laws: the American 22 88 Music Column ED HEEREY QC predicament LACHLAN ARMSTRONG QC 91 Ten tips for weight control MATTHEW TOWNSEND AND SIMONE BAILEY Observations of American Courts 28 CAMPBELL THOMSON 92 Off the Wall SIOBHÁN RYAN Open justice: The Bar, the Bench 34 95 Book Reviews and the Open Courts Act 96 Assessor Typologies ANONYMOUS NATALIE HICKEY 98 2016: Thespian Year in Review Refugees and the rule 39 58 THETA GAMMA of law on Nauru 100 Restaurant Review SCHWEINHAXE ANTHONY KROHN 1 VBN ISSUE 160 SUMMER 2017 VICTORIAN Editorial BAR NEWS Editors: Georgina Schoff QC and Georgina Costello. Victorian Bar News Editorial Committee: Georgina Schoff QC,Georgina Costello,Anthony Strahan,Maree Norton,Annette Charak,Justin Wheelahan,Catherine Pierce,Brad Barr,Jesse Rudd,Natalie Hickey,Justin Hooper,Georgie Coleman,Denise Bennett,Sally Bodman Contributors: (In alphabetical order) Lachlan Armstrong QC, Simone Bailey, Jennifer Batrouney QC, Julian Burnside AO QC, Annette Charak, the Hon Stephen Charles QC, Georgina Costello , Graeme Davis, The Hon Justice John Digby, the Hon Ray Finkelstein AO QC, Garry Fitzgerald, Kathleen Foley, John Glover, Justin Hannebery, Penny Harris, Harron Hassan, Sam Hay, Paul Hayes, Robert Heath, Ed Heerey QC, the Hon Peter Heerey AM QC, Natalie Hickey, Will Houghton QC, The Right Honourable Sir Robin Jacob, Anthony Krohn, Angela Lee, Benjamin Lindner, Peg Lusink, Peter Matthews, Hadi Mazloum Making history , Ron Merkel QC, James Merralls AM QC, Frances O’Brien QC, Justin O’Bryan, Michael O’Connell SC, Charles Parkinson, Dr Vicky Priskich, Siobhan Ryan, GEORGINA SCHOFF & GEORGINA COSTELLO, EDITORS Siobhan Ryan, Rohan Scheid, Georgina Schoff QC, Meredith Schilling, Geoffrey Steward, Robert Taylor, Campbell Thomson, Matthew Townsend, Peter Willis ictorian Bar News serves many purposes. When first QC, Christine Willshire and Richard Wilson. published, it brings our members up to date with recent Photo contributors: Peter Bongiorno, Annette events and the current news and views of our Bar. The Charak, George Coleman, David Cook, Justin photos of our members around town help us put faces to Hooper, Hannah Pelka-Caven, Jim Peters QC, names, as do the pictures of new silks, new readers and Catherine Pierce, Neil Prieto,John Rickard, Adam new Bar Council members. Rollnik, Jesse Rudd, Siobhan Ryan, The Hon Justice Joseph Santamaria, Meredith Schilling, Georgina In the longer term, Victorian Bar News is a record for posterity: a Schoff QC, Stephen Sharpley QC, Geoffrey Steward, history of the Victorian Bar. Sometimes this is not apparent until one has Anthony Strahan, Campbell Thomson, Jeff Thornton, cause to read an issue from years gone past. But in this issue, where we Jeremy Twigg and Michael Wheelahan QC. publish both an article written by James Merralls AM QC and an obituary Cover Illustration: Guy Shield for him, history seems to have turned the pages. Vale Jim. Publisher: The Victorian Bar Inc., Level 5, Owen V Dixon Chambers, 205 William Street, Melbourne In this issue, we also publish an article by Charles Parkinson VIC 3000. Registration No. A 0034304 S. announcing the commission of a proper history of the Victorian Bar to be The publication of Victorian Bar News may be cited written by the renowned historian Dr Andrew Yule. This commission is a as (2016) 160 Vic B.N. Opinions expressed are not grand and useful undertaking for our Bar. As Parkinson suggests in his necessarily those of the Bar Council or the Bar or of article on page 62, by looking to the past, we may see how to go forward. any person other than the author. Still on the topic of history, our readers will be unable to put down the Advertising: Hon Stephen Charles’ article on the 1986 Commission into the conduct All enquiries including request for advertising rates to be sent to: of Justice Lionel Murphy. Charles, who was among the counsel assisting Sally Bodman the Commission, recounts (in as much detail as he is permitted to) the The Victorian Bar Inc. extraordinary circumstances of that unfortunate episode in Australian Level 5, Owen Dixon Chambers legal history, and the questions of law that it raises. Charles is a regular 205 William Street, Melbourne VIC 3000 and brilliant contributor to Victorian Bar News and to so much else at Tel: (03) 9225 7909 the Victorian Bar. We are grateful to him. Email: [email protected] neil prieto by photo Design and production: The Slattery Media Group; Another Victorian Bar commission is the portrait of one of the giants www.slatterymedia.com of our Bar, the Hon Susan Crennan AC QC. This portrait was unveiled Contributions: Victorian Bar News welcomes recently and now graces the walls of the Peter O’Callaghan QC Gallery, contributions to [email protected] taking its place in the Bar’s pictorial history. We cover that event on pages 14. LEFT TO RIGHT: Georgina Schoff QC, Justin Wheelahan, This issue, in fond remembrance of our wigged history, we have Catherine Pierce, Georgina Costello, Jesse Rudd, Brad Bar, included photos of children dressing up in the wigs and gowns of Sally Bodman, Maree Norton and Natalie Hickey (Absent: Annette Charak, George Coleman, Justin Hooper and Anthony Strahan). VBN 3 editorial various judges and barristers. Wearing wigs is now a mere The red white and blue also suits another theme of this memory for most of us, but the gowns are here to stay, and issue: in this year of Trump (perhaps also an underdog), Message below you can see some future lawyers trying on the idea we are pleased to publish two articles about the United editorial editorial of being a barrister. States. Lachlan Armstrong QC’s insightful discussion of You may notice a lot of red, white and blue in this the difficulties besetting the possibility of gun control in from the issue and on its cover. We hope you will forgive us for the United States of America, and Campbell Thomson’s football in summer, but we thought it important to sharp observations of American courts, capture celebrate this year’s victory of the underdog. We know something of present day America. Bar Council you will enjoy Rob Heath’s terrific article about the We wish you a safe and pleasant summer processing beloved Bulldogs and how some members of our Bar the highs and lows of 2016, before the Bar begins the next saved them from being relegated to history. year in its history. President JENNIFER BATROUNEY 2 TO 1 Letters THE t will be an honour for Editors me to lead our Bar in 2017. In doing so, I will work collaboratively with the new Bar Council Wigs—The members and the Bar’s London scene capable CEO, Sarah Fregon, for the benefit of all counsel. A colleague from the U.K, who The recently elected Bar Council wishes to remain anonymous, aka 4 4 5 is an outstanding team comprised The Rt. Hon. Sir Robin Jacob QC, of leading barristers from all fields formerly of the Court of Appeal of I of practice.
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