No.149 Autumn 2010 ISSN 0159 3285 ISSN Farewell The Honourable Chief Justice Michael Black AC B:245 mm T:204 mm S:190 mm Never in a million years did you think you’d have a private banker. Your smart idea grew beyond all your expectations. That doesn’t leave you No. 149 Autumn 2010 much time to invest and protect what you’ve earned. Whatever your business, your Commonwealth Private Banker brings you the full resources of the Bank and is always on call to answer your questions. If you’re ready, let’s talk. Editorial 1300 362 081 | commonwealthprivate.com.au 4 A Broad Church 5 Chairman’s Brief News and Views 6 Judges at work 9 Opening of the Legal Year - Bendigo 12 Propping Up The System 15 Chief Justice Keane - Welcome Address 16 Farewell, the Honourable Chief Justice Michael Black Around Town B:286 mm S:244 mm T:268 mm T:268 17 Commbar Annual Cocktail Function 20 Launch of the Victorian Bar’s Climate Change and Environmental Law Panel Editors 22 Brian Bourke 50 Years at the Bar Georgina Schoff, Paul J Hayes. 25 ABA Advanced Advocacy Course VBN Editorial Committee 26 Wigs and Gowns Regatta Fiona McLeod SC, Samantha L Marks, Richard H M Attiwell, P Justin Hannebery, Peter A Clarke, Tom Pikusa, Ben Ihle, Renee B Sion, Renee L Enbom, 27 Legal Fun Run Lindy L Barrett, Elizabeth A Bennett, Jenifer M Digby. 28 Quarterly Counsel Contributors The Hon Chief Justice of the Federal Court of Australia; The Hon Chief Justice of Victoria; The Hon. Peter Heerey QC; The Hon. John Coldrey QC; Back of the Lift The Hon Justice John Middleton; The Hon. Justice Peter Vickery; His Honour Judge Tim Wood, Julian Burnside AO QC, George Golvan QC, 30 Silence, All Stand David Martin, James Mighell, Angela Nordlinger, Robert Hay, Kevin Lyons, Richard Attiwill, Mark Irving, Stephen O’Meara, Ted Woodward, Carolene Gwynn, 33 Adjourned Sine Die Cornelia Fourfouris-Mack, Tom Pikusa, Jane Treleaven, Renee Enbom, Elizabeth Bennett. 34 Decree Absolute Advertising All enquiries including requests for advertising rates to be sent to: VBN Boilerplate Miriam Sved The Victorian Bar Inc. 36 The Erratic Diaries of Portia Woods, Barrister 205 William Street Melbourne 3000 38 Gallimaufry Tel: (03) 9225 7943 Email: [email protected] 40 Odd Jobs 42 Habitat Published by The Victorian Bar Inc. Owen Dixon Chambers, 205 William Street, Melbourne 3000. 45 Dear Themis Registration No. A 0034304 S. This publication may be cited as (2009) 147 Vic B.N. 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Contributors photographs will be accepted 2 in high resolution JPEG or PDF format. www.vicbar.com.au Client Commonwealth Bank Mechanical Specs People OK Work Order CBANK-477 B 286 mm h x 245 mm w Creative Director Keith Anderson / Steve Simpson Ad Number 1344 T 268 mm h x 204 mm w Associate CD None Key Code CBANK-477 BE L 244 mm h x 190 mm w Art Director None Job Title Private Banking/Office G 1 mm = 1 mm Copywriter Tom Carter File Name CBANK-477 BE Prvt Office 1344.indd S Proofreader Leslie / Ryan / Jen File Format Adobe InDesign Account Manager Frith Dabkowski Start Date 4-20-2010 10:52 AM Notes None Asst. Account Manager Sarah Busta Color / Media 4/c NP Producer Jim King 1st Close 6 May 2010 Operations Natalie Kassab 1st Insertion Winter Client None Vendor XYZ Graphics Digital Studio Michael Gabriel @ 5-6-2010 1:18 PM Pubs Victoria Bar News Print Output at 100% Reader 1 Released on 6 May Prepared by Goodby, Silverstein & Partners. All rights reserved. 415.392.0669 23241 Goodby Silverstein & Partners Oris Oris M23241_CBANK-477BE_R1 GL 05.06.10 Cyan Magenta Yellow Black EDITORIAL CHAIRMAN’S BRIEF the emollient fiction that the private resolution of conflicting interests is a substitute for the impartial determination of legal rights threatens more than funding for the Courts. It undermines that respect for A Broad Church The Privilege judicial authority which is a pillar of our society. Growth of the Bar The Editors of Service Approximately 200 lawyers await their opportunity to join our Bar. This demand has been a constant feature over many years as our Bar Michael Colbran QC grows each year, making it the most dynamic and diverse in the country. In his warm responding speech at his Melbourne welcome in early May, rom J.B. Box, real tennis champion and the Bar’s first be it on the high seas at the annual ‘Wigs and Gowns Regatta’, in Pro Bono and Legal Aid published later in this edition, the Chief Justice of the Federal Court Chairman, and Joan Rosanove QC, the first woman to sign the Queensland at the Australian Bar Association’s annual advocacy As I am writing the 2010 Law Week has just concluded. This annual the Honourable Justice Patrick Keane reminded us of some iconic Victorian bar roll, whose now famous photograph appeared course or in chambers, in our regular ‘Habitat’ column which in this event which focuses attention on the contribution of the law and lawyers figures of the Victorian Bar’s past. He reminded us amongst others Fon the cover of a 1951 issue of People Magazine, through to more edition focuses on the accommodation issues facing the bar’s newest to society is now nationwide. of Owen Dixon, Robert Menzies, Keith Ackin and Neil McPhee. The recent luminaries such as High Court Justice Susan Crennan and the personalities, the readers. achievements of these legendary characters continue to inspire our A highlight of this year’s law week was the celebration of the 10th recently retired Chief Justice of the Federal Court, the Hon Michael community of 1800 practising members. Also in this edition, we introduce a new regular column authored by Anniversary of the Victorian Bar’s pro bono committee. We were honoured Black QC, the Victorian bar roll contains amongst its members a former Supreme Court Justice, the Hon John Coldrey QC who in his that the Chief Justice, The Honourable Marilyn Warren AC, spoke at this As the Bar continues to grow the Bar Council is working with BCL to rich and varied list of characters. The Victorian Bar is not a firm debut column shares his hilarious reminiscences of his first days on important event held to recognise the public service given by so many of ensure that there will be accommodation to meet the need. Also, with of solicitors or chartered accountants or similar corporate entity. the bench. our members. Her Honour’s remarks appear later in this edition. BCL the Bar is extending the scope of its intranet to ensure that all It is a society of advocates – individual lawyers who have made members of the Bar have the opportunity to access data networking the choice to practise law independently, sharing a common set of In the immortal words of the great Mahatma Ghandi, ‘there is room The Victorian Bar was the first in Australia to establish a committee of services on equal terms irrespective of the chambers they occupy. values embodied in the bar’s rules. Effective advocacy requires not for us all’. Victorian Bar News unashamedly embraces the cult of its members devoted to providing access to justice in deserving cases The new website and greater use of contemporary telecommunications only legal intellect, judgment and mental agility, but also persever- personality and we look forward to continuing our observation and and raising matters of public interest. In a similar way, some years technology will enhance the Bar’s internal communications including ance, presence, flair, courage, confidence and sometimes, a sense of celebration of the careers, lives and great characters that comprise our earlier, the Victorian Bar was the first to establish a legal aid committee to those members of the Bar who do not currently hold chambers and humour. These personal attributes are found in varying measures wonderful bar, especially as we approach our historic 150th edition to co-ordinate the generous work of its members on behalf of those who are nevertheless part of the community. amongst the members of our bar, whether they be young or old, next quarter. could not afford legal representation. outgoing or reserved, or hail from toffy Toorak or the people’s Readers Course Review These are examples of the Bar’s ethos of public service. In thinking about republic of Brunswick. From the cut and thrust flamboyance of The recent review of the Readers Course has led the Bar Council to adopt Letter to the Editors pro bono work we need to broaden the understanding of how the public criminal counsel to the diligent and acerbic endeavour of the equity a series of recommendations put to it by the working group chaired by good is served by the profession. Our contribution is not only about whisperers, it is the breadth and diversity of these personalities which Dear Ms Schoff and Mr Hayes, Peter Riordan SC.