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VICTORIAN BAR NEWS ISSUE 163 WINTER 2018 P J Booth on the VICTORIAN art of charcuterie 2018 Victorian BAR Bar Dinner

NEWS Marriage Law Postal Survey by Kathleen Foley

The Rule of Law Our interview with President Maxwell AC WINTER 2018

163 Interview with Victoria’s new DPP, Kerri Judd YOUR MEMBER BENEFITS

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DATE. 24.05.2018 JOB SIZE. 275mm(h) x 210mm(w) JOB NO. REV. CLIENT. JOB NAME. 044941r03_MEMB_VicBar 210x275mm_FA 93 MONTAGUE ST. STH MELBOURNE VIC 3205 AUSTRALIA PH. (03) 9686 7766 | W. WWW.OD.COM.AU | E. [email protected] ISSUE 163 WINTER 2018 VICTORIAN BAR NEWS At Bell Shakespeare, we believe that Australia is our stage, particularly when it comes to our work with students and teachers. Editorial What does it mean 7 42 Interview with Kerri Judd QC, to be a barrister? Director of Public Prosecutions THE EDITORS CAMPBELL THOMSON AND Letters to the editors 9 ANNETTE CHARAK Interview with Dr Matt Collins QC 10 46 Marriage Law Postal Survey NATALIE HICKEY AND JUSTIN WHEELAHAN KATHLEEN FOLEY Around town 50 Authorised law reporting — Opening of the Legal Year 16 up to the challenge 10 JUSTICE CAMERON MACAULAY VBN What is the collective noun 19 52 Lost in transcription: for a group of past Victorian covert recordings Bar Presidents? PETER R A GRAY VBN 54 Acronyms, ‘pre’ and ‘post’ Junior Bar Conference 2018 20 nominals et al CATHERINE DERMODY DR BRYAN KEON-COHEN AM QC, PH D (MON), LLM, LLB, BA (MELB) DIP ED (MON) Bar v. LIV annual cricket match 22 DUGALD MCWILLIAMS 57 Cliché corner PETER HEEREY Opening of Levels 19 & 20 24 Aickin Chambers Back of the Lift DANIEL BRIGGS 8 60 Adjourned Sine Die Ross Gillies QC 26 62 Silence all stand Portrait Unveiling 68 Transitions SIOBHÁN RYAN 68 Vale 2018 Victorian Bar Dinner 28 VBN 42 74 Victorian Bar Readers Victorian Bar Foundation 32 Boilerplate Student Achivement Award 75 A bit about words and Mentoring Program JULIAN BURNSIDE GEORGIE COLEMAN 77 Red Bag, Blue Bag CIArb Australia autumn events 35 81 How this gringa traveled solo and VBN avoided bad hombres in Mexico Help us reach more Australian schools than ever The Bar’s new conduct 36 JENNIFER BATROUNEY policies and procedures 84 Lord Howe Island: A simpler, before by supporting The Players. for lodging a grievance sunnier choice DANIEL NGUYEN NATALIE HICKEY An invitation to join the Victorian 37 87 A charcuterie diary by P J Booth Golfing Lawyers Society NATALIE HICKEY CAROLINE PATERSON 88 90 Noshing in Noosa News and Views CAMPBELL THOMSON STUDENTS REACHED PRIMARY STUDENTS SECONDARY STUDENTS The rule of law and 38 92 Book reviews the Court of Appeal’s place in 94 Kids in Wigs an age of transparency NATALIE HICKEY AND JUSTIN WHEELAHAN HELP US TO INSPIRE AUSTRALIAN CHILDREN BELLSHAKESPEARE.COM.AU/SUPPORT ISSUE 163 WINTER 2018 VICTORIAN Editorial

THE ART OF CHAMPAGNE SINCE 1836 BAR NEWS

Editors: Natalie Hickey, Justin Wheelahan and Annette Charak. Victorian Bar News Editorial Committee: Natalie Hickey, Justin Wheelahan, Annette Charak (Editors), Maree Norton, (Deputy Editor), Georgina Schoff QC, Georgina Costello, Catherine Pierce, Brad Barr, Jesse Rudd, Campbell Thomson, Georgie Coleman, Justin Hooper, Denise Bennett, Amanda Utt and Sarah Harrison Gordon. Contributors: (In alphabetical order) Professor Kate Auty, Jennifer Batrouney QC, Daniel Briggs, Julian Burnside AO QC, Annette Charak, Georgie Coleman, Dr Matt Collins QC, Jennifer Cowen, the Hon Justice Jennifer VBN COMMITTEE: (Front row) Justin Wheelahan, Natalie Hickey and Sarah Harrison-Gordon. (Back row) Jesse Rudd Davies, Catherine Dermody, Rachel Doyle and Campbell Thomson. (Absent: Annette Charak, Georgina Schoff QC, Georgina Costello, Brad Barr, Justin Hooper, SC, Kathleen Foley, Peter Gray AM, Peter Georgina Coleman, Catherine Pierce, Maree Norton, Amanda Utt and Denise Bennett) Heerey AM QC, Natalie Hickey, Graeme Hill, Andrew Ingram, Dr Bryan Keon-Cohen AM QC, the Hon Justice Lasry AM, Lucinda What does it mean Longcroft, the Hon Justice Macaulay, David Martin, the Hon Justice Maxwell AC, the Hon to be a barrister? Justice McDonald, Dugald McWilliams, Trevor Monti QC, Daniel Nguyen, Caroline Paterson, Peter Rozen, Siobhan Ryan, David Shavin NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK, EDITORS QC, Carolyn Sparke QC, Patrick Tehan QC, Campbell Thomson, Minal Vohra SC, Eugene Wheelahan, Justin Wheelahan, Alex Wilson. f there is one word to describe what it means to be a barrister, Photo contributors: Peter Bongiorno, David Cook, Neil Prieto, Sarah Tee it would be “multifaceted”. During his opening remarks at the Victorian Bar Dinner held recently, Dr Matt Collins focused Publisher: The Victorian Bar Inc., Level 5, Owen Dixon Chambers, 205 William Street, on the word “independent”. Autonomy is, of course, a key Melbourne VIC 3000. Registration No. A characteristic of being a barrister. We are not beholden to an 0034304 S. employer. We can say what we think, and we are, in fact, paid The publication of Victorian Bar News may be to do just this. cited as (2018) 163 Vic. B.N. Opinions expressed Our independence is also central to our ethics and professional are not necessarily those of the Bar Council or obligations. We speak up about issues where appropriate, whether the Bar or of any person other than the author. individually or as a collective profession. Advertising: IThat said, if we are inappropriately unconstrained, what may be a positive All enquiries including request for advertising for us may not be so positive for others. rates to be sent to: We often disagree with each other. Barristers tend to be competitive and Sarah Harrison-Gordon The Victorian Bar Inc. love a debate. In fact, many us of have grown up thriving on disagreement Level 5, Owen Dixon Chambers around the dinner table. It is energizing and, dare we say, fun, to engage in a 205 William Street, Melbourne VIC 3000 battle of ideas. Tel: (03) 9225 7909 We love words and the nuances of the English language. Words are Email: [email protected] the building blocks of our advocacy and our conversation. Dissecting Illustrations, design and production: words, parsing collocations, and mining the rich seam of ambiguity in the Guy Shield and The Slattery Media Group; English language is part of what we do for work. For some of us, etymology www.slatterymedia.com is also a hobby. Contributions: Victorian Bar News welcomes We are known for our conviviality. Although we can be loners too. contributions to [email protected] We love travel, food and holidays. For some of us, we become immersed in these interests to the extent we have a second career. We explore these different dimensions of being a barrister in this Issue of Bar News. President Maxwell’s insights into the rule of law and the Court of Appeal in an age of transparency provides a refresher in elementary jurisprudence. The

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visuel pommery FLEUR 270 x 205.indd 1 30/07/13 12:08 TO THE Letters Editors editorial President’s article will put us into a much more confident The Verbatim column has also returned, by popular demand. VERBATIM position next time we are challenged on the meaning of ‘the Bar News also supports the idea that it’s never too soon rule of law’ at a dinner party. to plan for your next holiday. Accordingly, destinations editorial

editorial Have you heard something His Honour also shares with readers his views on the such as Lord Howe Island and Mexico may, or may not, scrutiny often given to the Court of Appeal in the media, move up the pecking order once you have read our Letter from Kate Auty interesting or amusing in court? and what he would like to see from Government to assist reports. Bar News’ Campbell Thomson also ‘took one Dear Editors, Criminal injuries Send in the transcript extract to the Court of Appeal to communicate decisions for the team’ and explored Noosa’s restaurants, with Thanks to John Kelly for sharing compensation advocacy is more effectively. somewhat mixed results. his insights on criminal law constantly required. [email protected] Kathleen Foley provides an insider’s perspective A ‘must read’ article is barrister Peter Booth’s practice in Western Australia Aboriginal justice officers in on the Marriage Equality Postal Survey, including her determination to understand charcuterie to such an and the satisfaction found in the regions can always do with Supreme Court of Victoria observations of barrister colleagues who experienced extent he has written more than 70,000 words about it work well done (VBN Issue 162). another body/brain to assist Rebel Melanie Elizabeth Wilson v Bauer Media Pty Ltd the ups and (for some barristers) very significant in his much-vaunted book, A Charcuterie Diary. Try his John’s observations about with very heavy workloads. & Anor, before Justice Dixon downs during the campaign that led to a Yes! Vote recipe for Petit Salé during the court vacation (unless you the need for pro bono work in It is important that both HIS HONOUR: Ms Wilson, would you mind stepping by a majority of Australians. are a vegetarian). It is certain to impress friends. the west are particularly timely. women and men emerge to out of the court, please, and we’ll tell you when Victoria’s new DPP, Kerri Judd, shares her views on We also announce that Annette Charak has joined the We know that the pro bono assist in this work. There you’re in a position to come back in. her new role. Her observations on how she manages Editorial Team. The workload of Bar News has increased contribution from the Victorian remains a very clear culturally MS WILSON: Am I allowed to say anything at this stress will resonate with many readers. through, amongst other things, a rapid succession Bar significantly improved grounded need for women to be point? There is much in this Issue of Bar News about words. of recent judicial appointments, and accompanying justice outcomes for Aboriginal actively involved in representing HIS HONOUR: No. If you have got a dog, you can’t Julian Burnside would like certain Shakespearean words farewells. Annette has been a Deputy Editor of Bar News people in the NT — in spite women. do your own barking. Sorry, Dr Collins. like begruntled to be restored to our vocabulary. Peter for some years. She is seizing control of the Back of the of the well known, continuing Finally, as we know, barristers Supreme Court of Victoria Gray teaches us that what is heard is often not what was Lift section, to the relief of her fellow editors. challenges. with good skills don’t just DPP v Volpe, before Justice Macaulay said. As Bryan Keon-Cohn approaches the seventh stage In the spirit of thriving dinner party conversation, we From my time as a magistrate improve the outcomes at the high MR DESMOND: All right, so you weren’t suffering of life he has become obsessed by the ridiculousness welcome your feedback, debate, ideas, letters and articles. in the goldfields and western end of the scale, they increase from the effects of your drug addiction at the time of pre-nominals, post-nominals and acronyms. Peter Please write to us! desert (2008-2009) I endorse everybody’s understanding of of the interview and in the lead up to the interview? Heerey has something to say about clichés, and would The VBN Editors John’s observations. what ‘Justice’ should actually look ---- No. prefer it if some Shakespeareanisms were honoured less. [email protected] Can I, however, urge anyone like. This will probably always MR DESMOND: You were sober as the judge, to coin thinking about volunteering form the basis of pro bono work. a phrase? --- Well ---- their time in WA to consider the If anyone wants to discuss HIS HONOUR: I don’t think I’m an exhibit in this seemingly less significant cases WA criminal law practice in case, Mr Desmond. than the big trials. remote places I would be happy Routine driving matters can to contribute some observations Financial Services Royal Commission still see people disqualified and I can be contacted Before Commissioner Hayne for life, and applications to lift at [email protected]. THE WITNESS: At the risk of upsetting the flow, disqualifications are rarely might I request a short comfort stop. Professor Kate Auty made but available. THE COMMISSIONER: I’m sorry? Yes. Better you Professorial Fellow, Mandatory terms of pipe up than you don’t, Mr Godkin. --- Thank you. University of Melbourne, imprisonment for burglaries can Commissioner for Sustainability Supreme Court of Victoria Access be avoided by appropriate legal and the Environment (ACT) Yunghans v Colquhun-Denvers, before Justice T Forrest to court transcripts representations and advocacy. The Plaintiff is being cross-examined by counsel for on-demand, when needed. the defendant. CORRECTION COUNSEL: Then you said this: “In my view, his many actions confirm he is nothing more than a evacuative Can you see the publisher? organ for the disposal of faeces”?---Yes. What did you mean by that?---I thought it was a Auscript provides fast, SUPREME COUNTY AND VICTORIAN CIVIL Unfortunately, in the last edition of Bar News there was an slightly nicer expression than “arsehole.” COURT OF MAGISTRATES AND ADMINISTRATIVE editorial error in the heading of the review by Will Houghton accurate and secure court You actually thought it was slightly nicer, did you?--- VICTORIA COURTS TRIBUNAL QC of Peter Heerey QC’s autobiography, Can You See the transcripts to all Victorian Courts. Well, more refined. Mountain? A legal journey with a few diversions. The publisher … is, in fact, Hybrid Publishers. To purchase the book, please go You don’t think it’s vulgar, Mr Yunghanns?---Not in to its website at hybridpublishers.com.au. the circumstances, no. From 1 July 2018, Auscript will be the provider of Real-Time, Running and It’s scatological. You would agree with that, wouldn’t Deferred transcripts for all civil matters in the Supreme Court of Victoria. Have your Say Victorian Bar News encourages letters to the Editors on you?---I beg your pardon. topics ranging from the meaningful to the mundane. Write to the Editors … Visit auscript.com/victorian-courts at Victorian Bar News, Owen Dixon Chambers, 222 William Street, Having to do with faeces?---I don’t know the word. Call 03 9672 5601 Melbourne, VIC 3000 or email [email protected] Email [email protected] VBN 9 editorial editorial

Driving change in the way the Victorian Bar is perceived, and the way we perceive ourselves

Interview with Dr Matt Collins QC, 2018 President, Victorian Bar NATALIE HICKEY AND JUSTIN WHEELAHAN

he first half of 2018 received good advice about the has felt, at times, importance of focusing on signature like a dizzying whirl initiatives, which has been important of survey reporting to him when developing his priorities. about attributes of In answer to what those priorities the Victorian Bar, are, Matt says, “If I could summarise with associated media attention. it into a sentence, they are to Issues of diversity have received showcase the excellence of the Bar particular focus. For Matt Collins, and its members in as many different the Victorian Bar’s 2018 President, forums as possible.” He adds: this is plainly not a time to sit on T This approach informs things like the sidelines, because there is much the diversity and inclusion focus, work to do. Here, Matt discusses his showcasing the full array of talent experience as 2018 President to date, in briefing decisions and the kind of his key priorities for members of workplace we maintain. It informs the Bar, as well as further initiatives the kind of work we are doing in being planned for the latter part of maintaining and growing our market the year. share relative to solicitors. It informs Showcasing the Bar and its our media strategy, and a complete review of our commitment to pro members in 2018 bono work. It informs our conference Asked whether being Bar President program. It informs the work we are has met his expectations, Matt doing with law schools, high school says that he never aspired to the students, and mentoring. presidency, but found himself Driving change in the way barristers in the chair without a lengthy are perceived and the way we apprenticeship due to a number perceive ourselves, is central to Matt of judicial appointments. He had Collins’ purpose as Bar President. He

10 VBN VBN 11 editorial is passionate about this: “Contrary Legal Aid is at historic lows which as one of the most important drivers A core goal – driving work to perception, we are a modern, impacts the junior Criminal Bar, to diversity. for members accessible, forward-looking college he notes. Matt considers that our The statistical effect of this is that editorial For Matt Collins, issues of diversity and often we don’t give ourselves branch of the profession is ripe women now make up 45 per cent of and inclusion are more than matters enough credit. We need to showcase for disruption. He thinks that the barristers who have been practising of principle. They are practically what we do.” answer to that is to focus on the for under 15 years call. That’s about important. A diverse and inclusive He continues to learn about quality of the work we do, and our double the amount in Sydney. He workplace drives work for those attributes of the Bar which affirm this core skill-set as trained advocates. also refers to the observable effect members of the Bar not getting their purpose. As he explains, at the most Asked to look back on the year of the Financial Services Royal fair share. He refers to barristers recent readers’ signing ceremony, so far, before looking forward, Matt Commission. That is, in February as “an association of sole traders”. he was informed that in the past explains that the first half of the year 2018, on the first day of the Royal A huge part of what we do, he says, 19 years, since he joined the Bar in was to showcase our values. “We are Commission, 29 barristers announced referring to the work of Bar Council, May 1999, the number of practising positive and modern”, he says. “This their appearance. Of those barristers, has to involve driving more work for members of the Bar has doubled. is who we are and what we stand for.” 13 were women. There were seven our members. The attrition rate is very low, with He acknowledges that some element female silks. The overwhelming He mentions that when the only about 2.5 per cent of Victorian of this is aspirational. On equitable majority of those barristers were Financial Services Royal Commission Victorian. He says, “We have such was announced, both he and the talented women in Victoria. I just We have such talented women in Victoria. I just Victorian Bar’s CEO, Sarah Fregon, don’t think we could have had that flew to Canberra and lobbied for the don’t think we could have had that mix anywhere mix anywhere else in Australia.” Royal Commission to be based in Nevertheless, we still face else in Australia Melbourne. Whilst he doesn’t claim difficulties with under-represented credit for its being here, he notes groups at senior levels, especially barristers departing per year. The briefing, he says that we are not it has resulted in a massive boost women, he says: “We need to Encouraging students at the Student average age is increasing, while in there yet but that the data shows we in Melbourne’s legal economy. In Achievement Awards encourage top women to apply for junior ranks the composition has have momentum. “We need to build answer to a question as to whether silk... and then to stay a bit longer photo courtesy of peter bongiorno never been more diverse. that momentum rather than sap its he is competitive with Sydney about It matters because our members have including why it qualifies as pro bono before getting an appointment.” On the demographic consequences energy,” he says. this, Matt says, “Well, I would frankly a profound commitment to access to work, and the level of experience and Matt is conscious that diversity of this, Matt Collins reflects, “I think prefer the work to remain in William justice. Most barristers will gladly put time commitment required by the extends beyond questions of we still perceive ourselves as a Showcasing the Bar’s Street in Melbourne rather than be in their hand up for appropriate pro bono relevant barrister. gender. He is of the view that we small, manageable institution where Phillip Street in Sydney.” work. Secondly, it can be a fantastic The objective is to have a scheme diversity, and why have quite properly focused on we know each other—and we want Driving work for members extends means of countering future challenges. that makes a difference to access He is proud of the work done to gender equality but is concerned to keep that—but in reality we are beyond the commercial sector: Getting members on their feet in to justice in a worthy case, with encourage barristers to sign up to that this not be done at the expense big and complex.” This means, he challenging cases at an earlier stage is Matt acknowledging some previous the Law Council’s equitable briefing of other diversity measures, We are constantly in discussions with thinks, that we must overhaul our important, as we know. It’s altruistic, challenges with these schemes: policy. At the start of this year, fewer including race, religious belief and the DPP about using the Bar more for governance structures to manage this of course, but also about generating than 10 Victorian barristers had disability. He also refers to the prosecution work, and with the VLA Frankly, in the past that hasn’t always complexity. That said, the existing meaningful opportunities for advocacy committed to this. By explaining importance of ensuring a non- about the economics of using the been people’s experience. We must structures already do a great deal of which can lead to paid work. We also the purpose and benefits to the discriminatory environment for the private Bar. do better. It is a huge job to get it work. Matt commented in particular want pro bono work to be meaningful profession of signing up, combined LGBTI community, and the need to right. We can measure results in a on the work done in the Bar Office, by and rewarding, and that is why we with a little subtle pressure, more encourage LGBTI participation in valuable way. In turn, this will be a Bar Council, and by committees such A proposed pro bono online are negotiating with courts about the Victorian barristers have committed barrister ranks. huge marketing benefit for the Bar as as the Ethics Committee. matters they refer to the Bar for pro to the policy than the rest of the When asked whether he would like portal a whole, and its individual members. It Asked whether he thinks the bono assistance. country combined. to comment on LGBTI participation Another major piece of work will help us showcase what we do in a Victorian Bar is too large, Matt As to Victoria’s strong diversity in further detail, Matt responds: currently being conducted concerns As to what this proposed portal more informed way. Collins responds, “I think it is figures in barrister ranks, Matt the manner in which the Bar commits means in practical terms, Matt likely to peak in numbers fairly As a gay man, I don’t want to be pigeon He also notes that it’s a big job, but Collins points to the incredible to pro bono work. Matt explains caveats his response on the basis that soon.” Gazing into the future, he holed as the ‘Gay President’ of the Bar says, “I’m passionate about getting advantage we have in Victoria that the Victorian Bar is currently “this is being developed by people speculates that our Bar may be but I am conscious that LGBTI diversity it right. This is a huge opportunity with the BCL tenancy system (no negotiating protocols with every smarter than me”, but otherwise smaller 20 years from now. “There hasn’t sufficiently been focused on. particularly for junior members who requirement for key money, or to ‘buy court, and with VCAT, and secured explains that the objective is for are opportunities and challenges Regrettably we still have pockets of the might find it hard to get on their feet.” in’ to chambers), which means the funding for the Bar’s proposed online every court to have a rule of court or that arise from this”, he says, adding profession who perceive that if you’ve barriers to entry are lower. He also portal which is designed to make practice note governing the referral that the ‘State of the Bar’ report got a serious Supreme Court case, you Speaking up by and on behalf identifies the parental leave policy it easier and more rewarding for of requests for pro bono assistance last year showed that the amount of need a stereotypical grey-haired male (in which the Bar subsidises BCL barristers to do pro bono work. to the Bar. He wants to see a process of members of the Bar work barristers do for corporations barrister. Anyone who deviates from that for the rent-free period available to As to why pro bono work matters, where, when referrals are made, As the author of Collins on and for top law firms has more perception risks missing out on work. barristers eligible under the policy) Matt is clear: there is standardised information Defamation and The Law of or less halved in the past decade.

12 VBN VBN 13 Defamation and the Internet law, judicial power.” Another example is doing quite a lot of work around CPD IN SESSION and with defamation law forming is statutory reforms taking away that. The Bar will co-sponsor an an integral part of his practice, Matt common law rights. Access to justice Australian first, a profession-wide editorial Collins is no stranger to the media or and properly funded legal aid are summit on mental health in the the benefits of speaking up, within other areas where the Bar will speak second half of the year. A task force appropriate limits. He is comfortable up. The erosion of civil liberties is has just been formed, designed to in the space, and it shows in his another example. Matt says, “We don’t understand the stressors, to improve attitude to the Bar’s engagement at a mean to suggest that there will be a information sharing between public policy and promotional level. unanimity of views among members, different branches of the professions, Matt considers that the Bar’s but we will speak up when we can and to establish a mental health policy engagement has significantly expect a broad consensus.” structure for the whole profession. Continuing professional increased. The aim, he says, is “to be Marriage equality is an area where The State of the Bar survey, which an authoritative voice on law reform”. more complicated questions arose as gave data on discrimination, sexual development by the Bar for the He also says, “On behalf of our to whether the Bar could or should harassment and bullying, forms part members we make submissions for speak up on behalf of members. Matt of this bigger picture. Matt says that profession law reform. We now have a full- reflects on this: it is clear to Bar Council that there time lawyer in the Bar Office who is a need to do more work around This was an issue that arose long before performs work under the supervision this. At the time of publication of this my time. Jim Peters was the President. of the Bar Council, relevant Bar issue of Bar News the biggest survey The position taken was based on the Associations and the Bar Office.” on wellbeing at the Bar, conducted position that equality before the law, and He considers it important for the in conjunction with the University non-discriminatory treatment, are values Victorian Bar to be integrated with of Portsmouth in the United giving rise to sufficient consensus that the peak bodies such as the Law Council Kingdom (world renowned experts Victorian Bar should adopt a position. of Australia, and the Australian in conducting surveys of this nature), Barristers’ Association. He also Matt also considers that in a will be well underway. Matt says, thinks it essential that the Victorian contemporary society, it is not just “This will help us understand better Bar has good relationships with the academic experts who should be the prevalence of discrimination, federal and state Attorneys-General made available to appear in the sexual harassment and bullying, and and their shadow equivalents. media to showcase their legal other conduct affecting wellbeing, When asked about the basis upon expertise. He refers to a pilot and the contexts in which they occur.” which the Bar decides to speak up, program called #VicBarExperts In establishing processes Matt notes that there is a media and says: for dealing with complaints of Specialist legal education from the Victorian Bar’s acclaimed CPD program is now statements policy available on discrimination, sexual harassment This is about promoting our members CPDavailable for IN purchase SE bySSION external subscribers on-line. the VicBar website, which guides and bullying, Matt acknowledges that, as experts in their field able to explain decision making. That said, he for the Bar, this is early days. He says, complex areas of the law, legal policy acknowledges that judgement calls “It is a difficult area to grapple with, debates or complicated court decisions are inevitable. He says: given the adversarial nature of the (in which they are not involved), in CPDWhat INis CPD SE inSSION session? CPDsubjeCt IN Matter SESSION exPerts profession, subjectivity about where CPD In Session provides online legal education by the Victorian Sessions presented by eminent panellists, skilled advisors and On social and political issues, there their own name. to draw the line and the importance Bar for solicitors, in-house and government lawyers offering a speakers from across the legal profession. CPD In Session will always be a diversity of views. But He thinks this is a good thing of natural justice.” range of expert seminars and Q&A sessions with expert presenters provides high quality continuing professional development from other issues will result in a consensus from the judiciary, the Bar and more. subject matter experts that is relevant, accessible, valuable and because it is good for the profile of or near consensus. An obvious example responsive to changes occurring within the legal profession. the individual. It allows the media Conclusion of likely consensus concerns attacks on to say ‘Melbourne barrister [the Asked how he feels about his work as FullyCPD resPonsiveIN SESSION CPDCategories IN SESSION the judiciary. It is appropriate for us to View or listen on your PC, tablet or mobile device, on-demand Earn your CPD points across all CPD categories – Substantive barrister’s name]’, which promotes Bar President so far, Matt responds: speak up as we are very visible users anywhere, anytime. Law, Professional Skills, Practice Management and Business an association between the Victorian of the court system and we can speak Overwhelmingly, I feel it’s a privilege Skills and Ethics and Professional Responsibility. Bar and legal excellence. However, he with authority on the pressure judges to be in the role. At the risk of making wants to see how it works before he are under and the chasm between what my life busier, it’s a really lovely feature is prepared to discuss the prospect of we know happens in court and how it of our Bar that any member of the Bar the pilot program’s expansion. plays out in the media. can pick up the phone to speak with me, whether the matter is large or Other areas which he regards as Mental health initiatives small. I am conscious always of what a ‘no brainers’ include discretionary Confronting the disturbing aspects broad church the Bar is. Being modern, sentencing. He says, “We always of mental health outcomes to the accessible and relevant is not the speak out against mandatory profession as a whole is also a enemy of honouring our traditions and sentencing, which is an erosion of priority. Matt Collins says that the Bar www.cpdinsession.com.au where they come from. T 9225 7111 F 03 9225 6068 E [email protected] Victorian Bar Office, Level 5, Owen Dixon Chambers East, 205 William Street, Melbourne 3000 14 VBN

CPD in session ad full page.indd 1 11/28/2016 3:57:36 PM around town TowAROUND n

Opening of the Legal Year The Hon. Linda Dessau AC, VBN Governor of Victoria

he opening of the legal year is a centuries-old tradition. The first Trecorded instance was at Notre Dame Cathedral in Paris in 1245. The tradition continues in England. Judges arrive in a procession from the Temple Bar to Westminster Abbey for a religious service, followed by a reception known as the Lord Chancellor’s breakfast, held in Westminster Hall. This ceremony stems from the Middle Ages and, except during World War II between 1940 to 1946, has been held continuously until the present day. In Hong Kong, the Ceremonial Opening of the Legal Year is marked by an address from the Chief Justice of Hong Kong. The United States is more prosaic. The majority of U.S. state and federal courts have abandoned the concept of the legal year. Rather, rules of court simply require that the courts are open during business hours except for weekends or any day that is a legal holiday. As is the case every year, in January 2018 members of the profession in Melbourne (and Geelong) conducted this annual ritual. In Melbourne, this included on 29 January 2018 an Ecumenical Service at St. Paul’s Cathedral, a Red Mass at St. Patrick’s Roman Catholic Cathedral (so-called because of the red vestments traditionally worn for this annual

celebration), an Eastern Orthodox Service at photos courtesy of peter bongiorno St Eustathios Greek Orthodox Church, and a Synagogue Service at the East Melbourne Synagogue.

16 VBN VBN 17 YOUR MEMBER BENEFITS around town

1D1D1 21A C 2 8 1 0 C 81

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Paul Anastassiou QC, Fiona McLeod SC, Jennifer Batrouney QC, The Hon. Melanie Sloss, Matt Collins QC, Chief Judge Will Alstergren, Jim Peters QC

What is the collective noun for a group With one enquiry, get a Free & Easy process for Members of past Victorian Bar Presidents? great deal on a new car! STEPSTEP 1. 1. STEPSTEP 2. 2. STEPSTEP 3STEP. 3. 3. STEPSTEP 4. 4. MBA Car Assist can do the hard work for you. We can help you find CHOOSE YOURCHOOSE YOUR RECEIVE ARECEIVE A WE ORGANISEWE CAN HELPWE CAN HELP WE ORGANISEWE ORGANISE VBN a great deal on your next new car, regardless of make or model and CARCAR & MAKE & MAKE GREAT PRICEGREAT PRICE DELIVERY MAKINGWITH FINANCEWITH FINANCE DELIVERY MAKINGDELIVERY MAKING AN ENQUIRYAN ENQUIRY FOR YOURFOR YOUR FOR A HASSLEAND INSURANCELoremAND INSURANCELorem ipsum ipsum FOR A HASSLEFOR A HASSLE at no additional cost. PLUS, we can look after your trade-in. WITH USWITH US NEW CARNEW CAR FREE SERVICEOPTIONSOPTIONS FREE SERVICEFREE SERVICE he grammatically correct term is apparently a person typically next in line for the role, Senior Vice President “succession”. Humorists prefer an “incompetence”. David O’Callaghan QC, was then given the nod by the Federal TJennifer Batrouney calls them a “gaggle”. Whatever the Attorney-General. This led to Jennifer rather unexpectedly We have already helped members save case, former Presidents of the Victorian Bar came together to assuming the driver’s seat.

farewell Jennifer Batrouney QC as 2017 President, and to usher Jennifer was grateful to receive Paul Anastassiou’s extensive photo courtesy of peter bongiorno Michael saved Thomas saved Why choose us in 2018 President, Dr Matt Collins QC. handover briefing: “Don’t stuff it up”. After evaluating her $10,613 $8,634 In her parting speech, Jennifer likened her ascension to the performance against this rigorous KPI, Jennifer thanked her on a Mitsubishi Pajero GLX on a Mazda CX-9 Azami “Just wanted to express my sincere gratitude for Presidency to Steven Bradbury’s remarkable performance in the fellow councillors, Bar office staff and members of the Bar for my recent car purchase through MBA car assist, an short track speed skating at the 2002 Winter Olympics. After their support throughout her term as President. She reserved unbelievable price delivered within 24 hours of my trailing the field throughout the race, seconds before the finish special thanks for her family, and in particular her husband, for request, an amazing service.” line Jennifer, like Bradbury, watched those in front of her fall and putting up with an unusually grumpy, distracted wife during Paul proved the accidental winner. the year. She presented him with a Rolex Golf Ball (and a MBA Car Assist Customer The first such casualty was Paul Anastassiou QC, who watch that came with it) as fair compensation for the pain and literally fell from his post in the final days of his Presidency. The suffering caused. Visit aba.mbabenefits.com.au or phone 1300 119 493 to access your benefits. VBN 19

DATE. 24.05.2018 JOB SIZE. 275mm(h) x 210mm(w) JOB NO. REV. CLIENT. JOB NAME. 044941r03_MEMB_VicBar 210x275mm_FA 93 MONTAGUE ST. STH MELBOURNE VIC 3205 AUSTRALIA PH. (03) 9686 7766 | W. WWW.OD.COM.AU | E. [email protected] around town around town around

Haroon Hassan and Evelyn Tadros Junior Bar Seminar valuing the importance of sustenance before the sessions begin

Peter Hanks QC teaching statutory A master class in action interpretation to delegates

robust discussion acknowledged that It served as a reminder of the individual the Bar can be a challenging place and Junior Bar Conference 2018 underscored the importance of Bar responsibilities all members have to ensure that Council’s continued work in this area. It the Bar is a welcoming place for everyone. served as a reminder of the individual CATHERINE DERMODY responsibilities all members have to into a number of master classes. The final session of the day offered ensure that the Bar is a welcoming place The subjects on offer included: the ever elusive and sought-after ethics n a brisk morning that signalled the first day of winter, The session on equality and diversity at the Bar expanded for everyone. courtroom conduct and advocacy; CPD point. This came via a topical the Junior Bar Conference kicked off with a breakfast upon a number of the matters touched on by Matt in the Peter Hanks QC was next, delivering dealing with expert witnesses; expert presentation by blogger (and barrister) Oattended by members of the Bar Council and a very introductory session. The Victorian Bar’s CEO, Sarah Fregon, a session on the rules of statutory evidence; hearsay evidence; and Natalie Hickey on social media and welcome tea and coffee. chaired the session at which Jacinta Forbes QC (Chair of the interpretation. This engaging session how to become the junior barrister ethics. The relevance and potential The formal programme commenced with a presentation on Equality & Diversity Committee), Elizabeth Bennett and Daniel clearly demonstrated Peter’s passion of choice. The smaller group format pitfalls for barristers of the intersection future directions of the Bar from Dr Matthew Collins QC, President Nguyen spoke. Jacinta addressed the new policies on bullying, for, and deep knowledge of, this dark facilitated a richer discussion on the of ethics and social media was of the Victorian Bar. Matt spoke in-depth about the work of the discrimination and sexual harassment that will come into effect art. Peter’s presentation drew on two various topic areas. A drawback was demonstrated through the use of case Bar Council in future-proofing the Bar as a viable and vibrant on 1 July 2018. She explained that the grievance process set out recent cases to reinforce a number of the deciding which master class to attend. studies and was a very thought-provoking photos courtesy of peter bongiorno institution for all current members and future members. He gave in these policies has been designed to address conduct at two principles underpinning the process of I opted for the class on becoming the session. an overview of the outcomes of the survey undertaken last year levels: first, at an individual level via complaints (which are the construing legislation. These examples junior barrister of choice with Marika The Junior Bar Conference was on the State of the Bar and what the results indicate about the subject of investigation and may be independently conciliated) anchored the discussion of the rules in Hubble-Marriot (Russell Kennedy), thoroughly worthwhile, with the changing demography of the Bar, trends in relation to income, and and, secondly, at a broader cultural level. This will be achieved a practical context that tied the session John Cain (OPP) and Robert Hay formal sessions providing an excellent changing work practices. Many of the indicators gave reason for through reporting of unacceptable conduct that does not together. The presentation served as QC. Each of the speakers gave their mix of substantive law and practice optimism. However, as Matt said, it was also clear that more work involve investigation, but which is used to better inform training a salutary reminder of the discipline different perspectives on the attributes development for junior barristers. It was is required. In connection with these outcomes, Matt highlighted and awareness needs and initiatives of the Bar. required when seeking to identify the of a good junior and practical tips on also a great forum in which to meet new the importance of a number of initiatives, including: the Equitable In the context of this session, participants discussed meaning of a statutory provision. getting exposure to new areas of work people and re-establish connections Briefing Policy and the introduction of policies around bullying, whether the equality and diversity picture genuinely reflected Following a networking lunch with and clients – but I’m not giving any of through the networking sessions and the discrimination and sexual harassment. the experiences of individuals from minority groups. This junior silks the conference separated those away! master class format.

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His impassioned plea to the umpire, following an LBW performers. Truong finished with a decision halfway through his spell, of “Oh c’mon, throw me respectable 1 for 15 off 3, Felman 1 for 47 off 7 and McWilliams 1 for 21 off 7. around town around a bone here ump!” was something to behold. The Bar was desperate in the field. The skipper, Clement, kept the spirit and newly-minted silk Mark Irving QC, Marc Shaun Clement (14 not out). The Bar tempo in the field upbeat. Neal patrolled Felman, Andrew Fraatz, Cam Truong, amassed a competitive total of 194 off its the covers like a minesweeper with Peter Lithgow, Dugald McWilliams, David 35 overs. nothing within his grasp getting through. Neal SC, Toby Mullen, Justin Willee, The planets did not align for the Lithgow had plenty to do in the outfield John Valiotis and Shaun Clement (C). On barristers on the day. However, just as and stopped many boundaries, keeping reflection (given the result), perhaps the they took to the field, the temperature the Bar in the game. Their enthusiasm Bar should have insisted on the members gauge hit 38° and a fierce northerly wind never waned and they were always ready of the solicitors’ team producing current began to blow. Furthermore, the Bar team to put their bodies on the line. practising certificates before taking was left with only 10 men on the field Mark Irving drawing his own blood was the field. Whilst the opposing team did at the start of the solicitors’ innings — one fine example, as was McWilliams’ appear to have some familiar faces from Justin Willee accepted a late brief from effort to try and stop any ball in the the ranks of the solicitors of Victoria, it John Dever for the following morning outfield with shins, knees, ankles, seemed the only qualification the vast and had to take off to retrieve the brief, torso — any part of his body other than majority had for playing was membership post-haste. his hands. (This was not due to any of the Burwood Cricket Club 2nd XI. But Toby Mullen took the new pill for two desperation on his part, he’s just horribly let’s not get distracted by technicalities. very good reasons: he could bowl the uncoordinated.) Despite counsel’s best Shaun Clement won the toss and elected ball faster than 50 km/h and he was the efforts the solicitors got the runs with to bat. The Bar got off to an excellent youngest member of the Bar team by a three overs to spare and all batsmen start with the opening combination mile. McWilliams opened at the other contributing — J. Kerr 50 not out, S. Kish of Irving and Felman. In the mould of end but the solicitors’ opening batsmen 28, J. Wilkes-Green 50 not out, J. Edgar Greenidge and Haynes, the opening (both of whom were stalwarts of the 16, S. Harris 15. partnership of 52 was just the start the Burwood Cricket Club 2nd XI!) smashed After much post-match deliberation, the barristers needed, Felman taking to the an opening partnership of 72 runs. captains and the umpires agreed that the solicitors’ bowling with the long handle Irving dazzled with his rhythmic sling- Brendan Keilar Memorial Trophy would and amassing 28 for his innings. Irving action which brought to mind images of be awarded to Dugald McWilliams for his was the first to depart, signalling an Jeff Thompson in full flight in the 1970s. efforts with the bat and ball (and lemming- early collapse of the top order. Felman His impassioned plea to the umpire, like efforts in the field). Brendan had been followed without addition to the total. following an LBW decision halfway a keen participant for the solicitors in That brought Andrew Fraatz to the through his spell, of “Oh c’mon, throw Bar v. LIV annual cricket match previous matches, but was tragically shot crease; a champion schoolboy cricketer me a bone here ump!” was something to dead in the CBD in 2007 when he went from that august Jesuit institution on behold. Unfortunately the umpire turned DUGALD MCWILLIAMS to the aid of a woman who was being Monday 18 December 2017 Barkers Road. He was clearly a wise down his exquisitely crafted appeal. He assaulted. He is remembered annually choice for first drop. Unfortunately, was also the first bowler on the Bar team through this award. he mercury had already reached 30 degrees at 9am on remain on all night and well into the morning without the pitch Fraatzy appears to have focused too to draw blood - sadly, his own – when Congratulations to all members of the Monday 18 December 2017, and was on its way upwards being covered. The result, of course, was a tacky and highly much recently on prosecuting bushfire he was fielding in slips and dived for a Bar and the solicitors who participated. towards an expected maximum in the high 30s. The volatile pitch that would make not only an express paceman class actions with Tim Tobin SC rather spectacular catch, taking the bark off T Special thanks must be extended to sky was clear, there was little wind: just the kind of conditions salivate, but also any medium pacer trundling in to bowl a bit than his batting, because he departed both his elbows in the process. David Neal SC who was heavily involved desirable for 11 toned, fit and experienced cricketers from of “seam-up”. The state of the pitch left a lot to be desired and for a duck. Peter Lithgow then exited John Valiotis was panther-like with the Bar cricket team for many years, the Bar, who were ready to take on the solicitors. Sadly, most made the 1975 Headingley pitch look like a WACA flat-track cheaply, bringing Dugald McWilliams to behind the stumps. He was poised and both as captain and organiser. His tireless members of the former team satisfied only the latter quality, after two months of searing heat and no rain. the crease. McWilliams and Cam Truong composed in the centre of the ground. efforts have ensured that this sporting with a very small percentage still playing competitive cricket. Hurried attempts were made to find an alternative venue. (clearly the best cricketer to ever come He chose not to wear pads, an exhibition event remains a fixture in the Bar and Nonetheless, everyone headed off to the Ian Johnson Oval After many phone calls and negotiations with various out of Saigon) steadied the ship with a of both his grit and toughness and (as LIV calendars. Congratulations to Shaun in St Kilda, a lovely turf wicket in the heart of inner suburban municipalities, Shaun Clement (Captain of the Bar team) handy middle order partnership. With his he described) because they inhibited Clement (one of the few members of the Melbourne. The protagonists had assiduously dusted off their came to the rescue and managed to secure Batesford Reserve sublime and graceful stroke-play, Truong his feline agility behind the wickets. He Bar who continues to play competitive spikes (which had no doubt lacked attention for many years) in in Chadstone as an appropriate site. This threw many of the grafted a delightful 36 runs. By contrast, stumped Steve Harris in lightning fashion cricket) who has taken up the mantle preparation for what was to be a fine display of batting, bowling participants into disarray — Batesford Reserve did not have a McWilliams snicked, bludgeoned and off the bowling of Truong. of captain. As with many of the Bar’s and fielding prowess by members of the Bar. turf wicket, meaning that the players had to shun their recently lucked his way to 38. The Bar only managed to take three sporting activities, it could always do Much effort had gone into organising the venue to ensure a dusted off, cleaned and re-sprigged spikes in favour of the much The late middle order struggled but wickets all day. Toby Mullen took a with an injection of youth and younger turf wicket and the best quality play. Sadly, the communication less classy “rubbers”. then that Hellenic demi-god, John fantastic catch at extra cover off the members of the Bar are encouraged to within the City of Port Phillip’s Parks and Gardens Department After a slightly delayed start, the players congregated at Valiotis, took to the crease and smashed bowling of McWilliams to dismiss join in for future events. was somewhat lacking: someone had allowed the sprinklers to Batesford Reserve. Those assembled from the Bar were a quick 22 not out and, together with J. Edgar, one of the solicitors’ star

22 VBN VBN 23 1 2 around town Opening of Levels around town around 19 & 20 Aickin Chambers

DANIEL BRIGGS

osting a floor opening celebration on 3 May 2018, the new chambers on levels 19 and 20 of Aickin Chambers Hopened their doors to the profession and the judiciary. The expansion of Aickin Chambers is a product of the hard 3 work by Barristers’ Chambers Limited, the Victorian Bar and the barristers involved. The result is modern and professional chambers, bringing the face of the Victorian Bar in line with the expectations of the community we serve. Barristers’ chambers are an important part of life at the Bar. The environment, the facilities and most importantly the people, all contribute to our daily lives as barristers. Michael Thompson QC spoke of the new joint-chambers, which span over two levels, and bring together barristers from 1. Brian Mason the now defunct Joan Rosanove Chambers and Scottish House, and Jim Peters QC 2. Mandy Fox QC and other BCL and non-BCL Chambers. Floor members benefit (now her Honour), from the wealth of experience on the new floor. This experience Neil Clelland QC, Tom Clelland, Dave ranges from commercial, criminal, environment, planning, Hallowes SC 3. Robert industrial, international, public, administrative, tax and common Richter QC and The Honourable Associate law; equity and trusts; and apellate work. The chambers offer Justice Mukhtar. a diverse learning environment for young barristers and a 4. Maree Norton, Georgie Coleman, comprehensive knowledge base upon which to draw. Nina Moncrief, Claire An extensive library spans across the two floors. Many of the Nicholson. volumes bear the names of their once-owners, including the neatly handwritten name of Joan Rosanove QC (the first woman 4 to sign the Bar Roll in Victoria, the first woman to be appointed as one of Her Majesty’s Counsel for Victoria and, of course, the namesake of Joan Rosanove Chambers) as the first owner of the early Australian Law Journal reports. In memory of her contribution to the Bar, the members have decided to dedicate the library in her honour. Other inscriptions include Sir David P Derham (Vice-Chancellor of the University of Melbourne from 1968 to 1982), his son the Honourable Associate Justice Derham, the Honourable Mr JM Batt QC, and past Bar President Mr Paul Anastassiou QC. The members of Levels 19 and 20 of Aickin Chambers are: Neil Clelland QC, Michael Thompson QC, Anthony Young QC, Peter Willis SC, Gerard Dalton QC, Mandy Fox QC, Ian Fehring, Garry Livermore, Mark McNamara, Richard Wilson, Don Farrands, Nick Harrington, David Bailey, Dean Guidolin, Anthony Lewis, Tim Purdy, Maree Norton, Carmen Currie, Nina Moncrief, Ben Jellis, Kevin Jones, Sergio Freire, David Oldfield, Damien McAloon, Brian Mason, Jennifer Findlay, Daniel Briggs, Georgie Coleman, Claire Nicholson and Naomi Lenga. photos courtesy of peter bongiorno courtesy photos

24 VBN VBN 25 around town around town around Ross Gillies QC Portrait Unveiling

SIOBHAN RYAN, ART & COLLECTIONS COMMITTEE

n case you hadn’t heard, the Bar’s latest and Ross’s contribution to maintaining its portrait of a favourite son was unveiled on collegiality. Like so many in the room, as a I14 March 2018. But how could you not? young barrister, Linda Dessau was a recipient This event was the hot ticket of the Hilary of Ross’ pastoral care which she recalled in term. Over 180 colleagues, friends and family affectionate anecdotes. of Ross Gillies QC, the man regarded by Her Excellency also introduced us to the many as “the barrister’s barrister”, gathered life and art of Julia Ciccarone - a graduate in the Peter O’Callaghan QC Gallery to see of the VCA and in recent years a finalist in his portrait by Julia Ciccarone revealed. A the Archibald and Moran portrait prizes - large contingent from Dever’s List was there noting the invented space that inhabits many to inspect the fruits of their donations, the of Ciccarone’s works and the artist’s take commission having been largely funded by on the intersection between memory and List D and members of the Common Law Bar. reality. She urged the viewer to understand Barristers from other lists also attended, as Ciccarone’s portrait of Gillies QC against well as tranches of judges (past and present) this background, to note the civility of his from all courts. Her Excellency the Governor outstretched hand and to see, in that, how of Victoria, Linda Dessau, arrived to do the the artist has captured the essence of her honours. There were also 28 members of subject as a “Renaissance man”. the Gillies family, plus another carload “still All that was left was for Gillies to reply, circling the building looking for a park”, Ross which he did with his usual mischief by quipped. taking the “Renaissance man” mantle Peter Jopling AM QC, the chairman of the and running with it. He made teasing ABOVE: ‘The unveiling’: Art and Collections Committee spoke with observations about the Governor’s “upward The Hon. Linda Dessau raw admiration: trajectory” to Yarralumla, which hinted at AC, Governor of Machiavellian tendencies. He likened the Victoria, the subject, and It is our privilege tonight to honour a Peter Jopling AM QC Peter O’Callaghan QC Gallery to Vasari’s FAR LEFT: Ross Gillies QC fearless advocate not only in court but LEFT: Ross Gillies QC, Corridor in Florence, or at least its structure: The Hon. Marilyn outside the courtroom. A man whose Warren AC , Wendy insightful use of language and quick witted Vasari’s Corridor is upon a bridge – Ponte Harris QC, the Hon Linda Dessau AC, style has outfoxed many an opponent Vecchio – and is, of course, a corridor. Governor of Victoria, with its devastating acuity. His is a style O’Callaghan’s Gallery is also on a bridge, and The Hon. Tony Howard QC that his supporters say is unparalleled at albeit traversing Guests Lane and not the this Bar and which they say explains his Arno River. It is also a corridor. success. But Gillies is also the man to go to Finally, he invoked the ghost of for barristers in trouble and his pro bono Filippo Brunelleschi, as he claimed the advice is keenly sought after. Supreme Court as Melbourne’s own Duomo. The choice of the Governor of Victoria to The jury was persuaded. As the throng unveil the portrait was no accident. Linda exited onto Williams Street and Lonsdale Dessau and her husband, the Hon. Tony Street in the cool autumn evening, they could Howard QC spent a combined 40-plus not help but look anew at Guests Lane and years at the Victorian Bar. She witnessed the Supreme Court. firsthand the changing nature of the Bar

26 VBN VBN 27 1 2 3 2018 2018 victorian bar dinner victorian 2018 Victorian Bar

1. Judge Patricia Riddell and Elizabeth 4 Brimer 2. His Honour Chief Judge William Alstergren, Paul Anastassiou PLAZA BALLROOM, MAY 25 2018 QC, Christopher Hughes QC, His 5 Dinner Honour Judge Christopher Kendall 3. 2018 Victorian Bar President, Dr Matt Collins QC, delivering introductory remarks 4. Fiona McLeay (Legal Services Commissioner & CEO), Sarah Fregon 5. Laura Hilly, Ivan n Friday, May 25, 2018, almost 500 Hristovski, Jane Gregory 6. Stewart guests congregated in the Plaza Anderson QC and Patrick Tehan QC 7. Emily Golshtein, Anna Robertson, Ballroom, Collins Street, Melbourne, Abhi Mukherjee 8. The Hon Chief for the annual Victorian Bar Dinner. Justice John Pascoe AC CVO & the Hon Susan Crennan AC QC 9. Anne Hassan In his introductory remarks, Victorian 10. A key ‘exhibit’ relied on by Anne Bar President, Dr Matt Collins Hassan during her address: Dr Matt 6 Collins QC doing his very best ‘Blue QC, reflected on members of the Bar, Bench and Steel’ 11. Rachel Chrapot, Paul Clark Parliament (state and federal, either side of the CEO BCL, Sarah Fregon 12. Jim Delaney QC and Claire Harris QC aisle) coming together to celebrate their respective 9 10 independence and mutual collegiality. OThe early 20th Century Spanish Rococo architecture, plethora of candelabras, and resplendent attendees 7 8 created quite an aura. In opening remarks, President of the Australian Bar Association, Noel Hutley SC, aptly described himself as ‘at Hogwarts’. Chief Justice Susan Kiefel AC of the High Court was one of the key note speakers, her Honour’s remarks delivered with bone-dry humour. In the spirit of ‘what happens at the Bar Dinner stays at the Bar Dinner’, Bar News will only hint at one of her Honour’s stories from when she was a practising Silk: namely, that the ability to deftly roll one’s own cigarettes can prove key to winning a client’s trust. The anecdote brought the house down. Anne Hassan delivered the Junior Counsel keynote 11 12 speech, skewering the role of Victorian Bar President to the delight of those assembled. Anne revealed ‘tweets’ from President Trump on the ‘fake news’ of the VicBar Presidency. Her ‘revelation’ that the current President’s photographic pose bears hints of Derek Zoolander’s ‘Blue Steel’, and use of the Trump/ Shakespeare heuristic, was also met with amusement. If you could not attend the dinner, we have included the photo in the attached spread so you can judge for yourself.

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6 7 8 1. Wendy Harris QC, The Hon. Justice Kevin Bell AM and 9 Patricia Byrnes 2. Justin Wheelahan, Denise Bennett, Paul Connor, Alannah Jones and Judge Alistair McNab 3. Stuart Wood QC and Magistrate Gregory Robinson 4. The Honourable Chief Justice Susan Kiefel AC and Matt Collins QC 5. : Domenic Triaca, Melissa Marcus, Andrew Cameron, Johannes Angenent, Ben Murphy 6. Daniel Nguyen, Shivani Pillai, Simon McGregor, James Samargis, Michelle Williams QC, Deborah Mandie and Kim Bradey 7. The Hon. Chief Justice Susan Kiefel AC 8. Mark Costello, Andrew Palmer, Michael Hodge QC and The Hon. Ken Hayne AC QC 9. Ffyona Livingstone-Clark and Simon McGregor 10. Members of The Lex Pistols – Derek Beautyman, Paul Connor and Regina Ewing 11. Her Honour Caroline Kirton, The Hon Christian Porter MP, His Honour Judge Christopher Kendall, Andrew Maryniak QC 12. Anne Hassan and Michele Williams QC 13. Sue McNichol QC, The Hon Julie Dodds- Streeton, The Hon Kathy Williams 14. The Lex Pistols – The Hon Lex Lasry on drums, Derek Beautyman and Paul Connor 15. Stephanie Hooper and Franceska Leoncio 16. The Hon Chief Justice James Allsop AO, His Honour Chief Judge William Alstergren, The Hon Christian Porter MP 17. The Hon. Chief Justice James Allsop AO, Noel Hutley SC and The Hon. Peter 12 Heerey AM QC 18. Justin Wheelahan ‘wearing his sunglasses at night’ on Hammond organ.

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The Honourable Justice John Digby (Chairman, Victorian Bar Foundation), Hume City Mayor Supporting and Geoff Porter and Hume City Councillor Leigh Johnson with the winning students. encouraging bright young

around town around minds from diverse backgrounds

all comers on merit. The program is an initiative of Justice Michelle Gordon, who is also the Patron of the program, Peter Jopling AM QC, Paul Anastassiou QC (who initiated the City of Hume event in 2016), and your author. The Mentoring Program In a testament to the community-minded outlook of the Bar, the program has Teresa Moshie, winning student of St Mary’s Coptic Orthodox College. received overwhelming support from the barristers approached to participate in the pilot program: over 50 junior barristers volunteered, with alacrity, to participate in this program by mentoring a student. These mentor-barristers met with their students for the first time on a Friday evening at the Melbourne Recital Centre on 27 April. Prior to this night, the 15 schools in the Hume region had each identified four promising legal studies students who would benefit from the program. Each mentee-student Victorian Bar Foundation Student completed a questionnaire, and was Paul Anastassiou then paired with a junior barrister who QC with Amelie Achivement Award and Mentoring Program best suited the areas of law that student Themua, winning student of Hume was interested in, traits the student Anglican Grammar, had identified as important to them in a and her parents. GEORGIE COLEMAN mentor, as well as the student’s general interests (some were easier to match pushing the boundaries of how music The Mayor of the City of Hume, Cr he Victorian Bar Foundation has this year established Indigenous Barristers Development Fund, among others. than others: students’ outside interests is presented and performed, and the Geoff Porter, also thanked the Foundation the Victorian Bar Foundation Student Achievement The Student Achievement Award and Mentoring Program ranged from reading and AFL to video energetic performance of well known on behalf of the Council for the award TAward and Mentoring Program as a tangible way to is the first program to be administered by the Victorian Bar games and ‘intricate nail art’!). Leonard Bernstein works that evening and the mentoring program, and said promote the message that the Bar is open to all on merit Foundation. For the pilot year, the Foundation has partnered Consistent with her notorious lived up to the ANAM “hype”. that the Foundation’s award is “important — irrespective of socio-economic circumstances, ethnic with the City of Hume (which includes outer north-western dynamism, program patron Justice Justice Gordon also gave a speech in helping students who are passionate background, religious affiliation, sexual orientation, gender, suburbs of Melbourne such as Broadmeadows, Faulkner and Gordon studied the completed student on the night, identifying the program as about legal studies to get insights into gender identity or disability. Keilor). It is a diverse area of Melbourne. According to the most questionnaires, as well as the names of an opportunity to create “life long links how the legal profession works and start The Victorian Bar Foundation is the Bar’s charitable trust, recent census data, the most common countries of birth of each student and their mentors, before between the current and future leaders developing a successful career path”. and a relatively recent initiative of the Bar. The Victorian residents, after Australia, are Iraq, India, Turkey and Lebanon. arriving early at the Recital Centre; her from many walks of life”. She urged The event at the Recital Centre Bar established the trust following the 2009 Black Saturday Over half of the area’s residents’ parents were born overseas.1 Honour then met and spoke with each the students to grab the opportunity of was possible thanks to significant bushfires as a way to enable the Bar and Bench to contribute to Further, astute readers of the Bar News may recall that in of the 45 students in attendance before the evening to speak to their mentors, financial contributions from the Bar, two the community and causes outside the Bar itself. 2016, members of the Bar and judiciary travelled to the Hume the concert commenced, again doing the the judiciary present and the ANAM anonymous Recital Centre donors and To date, the Foundation has largely focused on making grants Global Learning Centre in Broadmeadows to meet with 200 rounds over interval. musicians (who met with the students the City of Hume, to cover the costs of to organisations and institutions, often to enable them to pass students who heard from then Chief Justice Warren and Justice Reflecting the night’s focus on bright and mentors after the concert) and to “be tickets and refreshments. The Mentoring on the Foundation’s benefaction to needing and deserving Gordon about the importance of the legal system and the sense young minds, the concert at the Recital inquisitive”. Justice Gordon spoke of her Program between these 50 junior individuals in furtherance of the Foundation’s purposes. of fulfilment that one can achieve through a career at the Bar.2 Centre that evening was performed love of music and about how her career barristers and their mentee-students will Such grants have been made to the Ninian Stephen Menzies The City of Hume was seen as the perfect place to start by the Australian National Academy would not have been possible without continue throughout this year: keep an Scholarship, the James Merralls Fellowship at Melbourne the program, given it continues the message conveyed at the of Music, a training institute for young encouragement and support she received eye on the next edition of Bar News for Law School, the Monash Refugee Scholarship, and the Bar’s Hume Global Learning Centre in 2016 that the Bar is open to musicians. ANAM has a reputation for from a diverse range of people. an update. photos courtesy of peter bongiorno courtesy photos

32 VBN VBN 33 around town

The Student Achievement Award

around town around As part of the program, the highest achieving units 1 and 2 legal studies student at each of the 15 schools in the City of Hume region have each received a prize of $1,500 ($1,000 each from the Foundation, and $500 from the City of Hume). The prize is a way to recognise the hard work and talent of each of the winners, motivate them to continue to excel in their studies (particularly during the challenging task of year 12), and to encourage them to consider a future career in the law. Each student is free to use the money as they wish: one has already spent it on a laptop for year 12 and university next year. A prize presentation night was held in the George Hampel Library on 29 March 2018. In attendance were the winning students, their proud parents, siblings, teachers, and mentors, along with others from the City of Hume and past Foundation donors. The prizes were presented by Justice Digby, the Foundation’s Chairman, and the Mayor of Hume, Cr Geoff Porter. Justice Digby congratulated each student for the “hard CIArb Australia work and talent you have already shown in the area of law, as well as, no doubt, your studies in general” and expressed autumn events the hope that the prize encouraged each to stay motivated to continue to excel as VBN each student looked to completing the and in other forms) from junior barristers, in the past, and hopes that barristers, challenging task of year 12 studies. His the judiciary, the Recital Centre and other and others interested in supporting the Honour encouraged each student to keep n 17 April 2018, Caroline Kenny Earlier in the year, on 1 March 2018, institutions, which means an inspiring Victorian Bar Foundation will consider in mind the possibility of a legal career QC, president of the Chartered Susan Crennan QC, Neil Kaplan QC program can be offered to a number of donating this year, so as to allow the as they progressed through school and Institute of Arbitrators and Dr Michael Pryles presided over bright legal studies students from diverse program to extend its reach in future O tertiary education, adding that “the Bar (CIArb) Australia, welcomed over 800 the grand final tribunal of the CIArb backgrounds. The Foundation aim is years”. would be extremely lucky to have each delegates to the gala dinner at the 24th Australia Vis Pre-Moot, held at the in due course to extend the prize and A letter on how to donate to the of you join its ranks as barristers in 10 International Council for Commercial Federal Court in Melbourne. The aptly the program to reach further students Victorian Bar Foundation will be included or 15 years from now”. Councillor Porter Arbitration (ICCA) Congress. A biennial named Pre-Moot gives Australian in future years, such as to students in the Bar Subscription packs later this echoed this sentiment, saying that the conference, the ICCA Congress was students a unique opportunity to in regional areas such as Shepparton, year; a donation form is also available students will be “future leaders, thinkers held in Sydney and spread over three exercise and improve their advocacy or by partnering with community- on the VicBar website (vicbar.com. and workers of our community. We are so days. The Congress was an opportunity skills, to help equip them for the rigours based organisations such as SAIL (the au/public/community/victorian-bar- proud of everything they have achieved”. to shape the future of international of overseas mooting competition. Sudanese Australian Integrated Learning foundation). arbitration, the theme being one of Participants may then proceed to the Program, which provides support and The Foundation’s aim to 1. See the 2016 Census data, available “evolution and adaptation”. CIArb Willem C Vis International Commercial services to the Sudanese-Australian at http://www.censusdata.abs.gov. Australia sponsored the gala dinner Arbitration Moot in Vienna, or to the Vis extend the program community). au/census_services/getproduct/ census/2016/quickstat/LGA23270 attended by delegates and guests from East Moot in Hong Kong. The Foundation’s Chairman, Justice The Foundation, Justice Digby says, “is across Australia and around the world. Digby, notes that the Foundation has delighted to have been able to establish 2. Angela Lee, “The Bar in Broadmeadows: An event with Hume City Council”, been overwhelmed by the enthusiastic this program this year, thanks in no small Victorian Bar News Summer 2016 RIGHT: Caroline Kenny QC, President of CIArb Australia, welcomes guests to the ICCA Congress Gala Dinner. responses and generous offers (of time part to the generosity of barrister-donors ABOVE: Mr Neil Kaplan CBE QC SBS, Caroline Kenny QC, The Hon Susan Crennan AC QC and Dr Michael Pryles AO PBM at Essoign Bar, Post Pre Vis Moot Grand Final held at the Federal Court.

34 VBN VBN 35 VGLS golfers at Peninsula Kingswood Country Golf Course on 3 April The Bar’s new conduct policies and around town around procedures for lodging a grievance

DANIEL NGUYEN

n 16 May 2018, the Bar’s Diversity and Inclusion The new policies adopt a mechanism that is internal and Working Group presented a CPD to introduce the Bar’s voluntary, confidential and informal to address complaints. They Onew policies and procedures concerning the lodgment introduce an informal process for an aggrieved person who does of sexual harassment, discrimination and bullying grievances. not wish to go through a formal process of investigation. They The new policies, adopted by resolution of Bar Council, will take also open up the process so that people other than barristers effect on 1 July 2018. may now lodge a grievance. Our President, Dr Matt Collins QC, addressed the recent data There will be two types of recording of grievances: received by the Bar via its 2016-17 Case for Change Survey. 30 per »» ‘Reports’ of conduct that breach the policies where no redress cent of respondents reported being subject to at least one instance or action is sought, designed to assist the Bar to identify areas of discrimination, sexual harassment or workplace bullying of particular concern and to effect community change; and On 20 October 2017, 57 players (14 from NSW and 43 from in the past five years. This number represented a significant »» ‘Complaints’ of conduct where some redress or action is Victoria) competed at Commonwealth Golf Club for the Frank minority of Victorian Bar members and of that number, women sought. An invitation to Marrie Trophy. With an average score of 39.86 versus our disproportionately reported such instances. In a Report, the identity of the barrister complained of is not average of 38.09, the NSW visitors retained the trophy for the The Diversity and Inclusion Working Group, led by Chair Jacinta identified and no redress or action is taken. In a Complaint, ninth year in a row. NSW will defend the title at the NSW Golf Forbes QC and comprised of Dr Matt Collins QC, Sarah Fregon, the identity of the barrister complained of must be provided to join the Victorian Club on Tuesday, 16 October 2018. Best pair - Tony Kenna and Kathleen Foley and Daniel Nguyen, reviewed the existing grievance enable some redress or action to be taken. For both Reports and Jeff Sher QC. processes and saw a real benefit and need for the new policies. Complaints, the aggrieved person will need to put their name to On 14 December 2017, a twilight round of nine holes was The existing prohibitions on such conduct are found in the the online form which is submitted. Golfing Lawyers played at Royal Melbourne Golf Club, followed by a casual Legal Profession Uniform Conduct (Barristers) Rules 20151. Persons who may submit Reports or Complaints include dinner in the clubhouse. Best pair - David Parsons and The existing complaint mechanisms, whereby one can barristers, solicitors and others working within chambers Michael Strong. lodge a complaint with the Legal Services Board for a formal such as barristers’ staff. Barrister’s clients cannot use the new Society On 16 February 2018, 24 members and their guests played investigation or lodge a grievance via the Victorian Bar policies but rather they should lodge any grievances with the 18 holes at Woodlands. On a warm afternoon, the course Grievance Protocol, offer relatively formalistic processes and Legal Services Board. Where the aggrieved person has an CAROLINE PATERSON, HONORARY SECRETARY was in fabulous condition and there were several solicitors in are available as between barristers only. employer who is not a barrister, it is preferred that they first use attendance from regional Victoria. Best pair - Julian McDonald The new policies, formed in consultation with the Bar’s Ethics their employer’s mechanisms for grievances. and Chris Arnold. Golfing events, along with other sports, have been an Committee, deal with the Bar’s stance in relation to sexual Where the employer is a barrister or a group of barristers, the On 3 April 2018, the Sir Edmund Herring Trophy was important fixture on the social calendar of the Bar, Bench and harassment, bullying or discriminatory conduct, and the Bar’s aggrieved person may use the new policies. contested at the Kingswood site of Peninsula Kingswood our solicitor colleagues for many years. The Frank Marrie processes for lodging grievances regarding such instances. The Reports will be used for raising concerns before the Bar Country Golf Course (PKCGC). The solicitors played very well trophy between the Victorian and NSW professions has been The new policies make a clear statement that: Council and the implementation of training and identification and reclaimed the trophy, which had been held by the Bar and played for years, and the Sir Edmund Herring trophy, contested »» the Bar is committed to providing a working environment of actions to address any systemic issues. For example, where Bench for quite a few years. The field of 35 players enjoyed ideal between the Bar/Bench and solicitors, dates back to the 1920s. where barristers and those engaging with barristers can multiple reports arise from a particular event, this may lead to conditions, and the Kingswood course was looking fabulous. In a profession like the law, where interpersonal relationships conduct themselves free from bullying, discrimination and consideration of changes at a subsequent event. It will probably be the last time many of us will play on that are so central, it’s important to have opportunities beyond court sexual harassment; Bar Conciliators have been appointed to assist in the triage of course, as it is due to close for good in August 2018. Next year to network with your colleagues. Playing golf with someone for »» at the Bar we demand and expect respectful behaviour by our available options with the aggrieved person and the investigation this event will be held on the new north course at the Frankston four hours gives you a lot of time to talk. members; and and conciliation of individual complaints. Bar Conciliators are site of PKCGC. Best pair – Tony Salce and Paul Cariss. But other regular golfing events, including the Lander Cup »» sexual harassment, bullying or discriminatory conduct are appointed from the Bar and they come from a cross section of Many members have enjoyed the opportunity to get to know played between the country law associations since the 1960s contrary to the values of the Victorian Bar and will not be seniority, practice areas and gender. Bar Conciliators will receive judges in a more relaxed context, and to make connections when it was established by the late Hartwell “Chic” Lander, tolerated. training before the new policies take effect. with other barristers and solicitors with whom they may not former Law Institute of Victoria President and keen golfer, had The new policies respond to individual circumstances but The new policies and an online form to submit reports or have otherwise crossed paths. The VGLS is also open to law fallen by the wayside. are also aimed at driving broader cultural change at the Bar. complaints may be found on the Victorian Bar website, where students, providing them with a unique networking opportunity. In July 2017, a group of barristers and solicitors established Consistently with the conduct rules, they adopt: many of the Bar Conciliators may also be found. For further The joining fee for the VGLS is a one-off payment of $50. the Victorian Golfing Lawyers Society (VGLS), hoping to »» the legislative definition as to unlawful discrimination information, refer to the ‘Governance’ page of the VicBar Any members of the Bar and Bench, past and present, who rekindle the enthusiasm of old. The VGLS has already signed grounds (Equal Opportunity Act 2010 ss 6 and 7); website and click on ‘Conduct policies and internal complaints are interested in joining, are invited to contact either Caroline up over 110 members. It was established with the purpose of »» the definition of sexual harassment as defined by our conduct procedures’. Paterson ([email protected]) or Norman O’Bryan organising golf events at Victoria’s premier golf courses for rules; and SC ([email protected]). There is no minimum 1 Section 123 provides: ‘a barrister must not in the course barristers, solicitors, judges and law students. Since then, the »» the bullying definition from our conduct rules (rather than the of practice, engage in conduct which constitutes: (a) handicap requirement, and some members do not have one. We VGLS has successfully held four events. WorkSafe definition). discrimination; (b) sexual harassment; or (c) workplace encourage all keen golfers to participate. bullying’.

36 VBN VBN 37 many of us, the rule of law recalls Characteristics of the rule of law Court agreed — that s 32(1) does not faint memories from jurisprudence President Maxwell identifies the authorise a court to rewrite legislation lectures. The topic deserves salient characteristics of the rule of so that it is more compatible with news and views news consideration. Fortunately, Court of law as follows: human rights.5 The President says: Appeal President, Chris Maxwell, is »» the government operates under News If there is more than one interpretation, AND available to elucidate the concept of law—the contrasting concept the Court must adopt the interpretation the rule of law to Victorian Bar News. is arbitrary, capricious or which is (more) compatible with President of the Court of Appeal discriminatory exercises of power; the relevant Charter right. If the Views since 2005, the rule of law underpins »» effective procedures and institutions statutory language permits only one Justice Maxwell’s approach to to ensure that government action is COVER STORY interpretation, however, that is how the his daily work, and is also plainly in accordance with the law; provision must be interpreted. an important topic to him. He »» open justice; approaches the task of explaining »» an independent legal profession The President referred to a recent what it means, and how it interacts (free from influence); case which also illustrated the limits with other concepts, with genuine »» impartial tribunals and access to the of the judicial role. In the ‘baseline enthusiasm, and a keen academic courts; sentencing’ case, DPP v Walters (a focus. Given the Socratic dialogue »» natural justice: the right to a fair pseudonym)6, the Court of Appeal The rule of law that follows, it is no surprise to hearing; concluded that the legislation had learn that the President is a keen »» proper limits on judicial function: an ‘incurable’ defect. Parliament teacher, having taught amongst other judges interpret the law, but do not had not provided any mechanism to and the Court of things the subject ‘Philosophical legislate; and enable sentencing judges to achieve Foundations of Law’ to Juris Doctor »» the principle of equality before the the intended ‘median sentence’. The Appeal’s place students at the University of law: like cases are treated alike. Court of Appeal had no authority to Melbourne. The penultimate point leads to create such a mechanism, since “to further discussion. Certainty is a key do so would be to legislate, not to in an age of What does the rule of law quality of the rule of law. The court’s interpret”. mean? function in the rule of law framework Judicial review is not about the is interpretation. In his Honour’s merits of decisions but about the transparency The supremacy of the law and judicial view, close adherence to the statutory limits of law. It is intrinsic to the independence text promotes the fundamental function of superior courts to Insights from Justice Chris Justice Maxwell explains that at the objectives of making statute law review for legality.7 The President heart of the rule of law is the idea Maxwell AC, President accessible to, and comprehensible by, enthuses that ensuring that of the supremacy of law. Firstly, those to whom it applies; increasing Government operates according of the Court of Appeal government and people should be certainty in judicial interpretation; to law, and that powers conferred ruled by law, and should obey it. NATALIE HICKEY AND JUSTIN WHEELAHAN and maintaining proper limits on the by statute on ministers and public Secondly, the law should be such judicial role.4 officials are exercised within the that people are able to be guided His Honour notes that characteristics legal limits fixed by Parliament, is he rule of law has recently by it, and to comply with it. An of the rule of law are not just present a “thrilling notion”. He endorsed been in the public “indispensable bedrock requirement” in the legal system, but in laws the comments made by recently spotlight. Former Deputy is the independence of the judiciary. themselves. Laws must be certain. appointed Justice of the Supreme United States Attorney- Judges should be free of, and be seen He says, “If they are vague, then as Court, Melinda Richards, in her General, Sally Yates, to be free of, political interference. citizens we don’t understand what speech at her welcome: “The law is expressed concern about Whilst some might think the they mean”. a higher power to which everyone, the ‘normalisation’ of behaviours, such as concept of tenure is anachronistic, photo courtesy of david johns and the may lij great and small, is held to account”.8 the current US President’s hectoring of the his Honour explains that security Limits on the judicial function The fundamental distinction Justice Department on Twitter, might threaten of tenure is central to this notion of Highlighting the distinction between between the function of judicial democratic norms and the rule of law.1 The judicial independence: interpretation and legislation, review and the merits of government European Union recently demanded action President Maxwell refers to the T Security of tenure ensures that a judge policy was emphasised by the Court by Poland’s government to protect the rule of Charter of Human Rights and is immune from political pressure. of Appeal in Minister for Families law, following proposed legislation perceived Responsibilities Act 2006. Section There is no scope for political influence and Children v Certain Children.9 The to limit judicial independence.2 Closer to 32(1) provides that, so far as it is — or the perception of influence — on Court pointed out ‘in the interests home, political attacks on the judiciary in possible to do so consistently with the judge’s decision making. This is of informed public discussion’ Australia have led to lawyers’ opinion pieces their purpose, all statutory provisions critically important, never more so that it was not concerned with, on the topic in mainstream media.3 must be interpreted in a way that is than in the area of judicial review of and expressed no view about, the What is the rule of law? How is the rule compatible with human rights. The government decisions. merits of the Minister’s decision to of law consistent with transparency? For Court of Appeal held — and the High establish a youth detention centre at

38 VBN VBN 39 news and views

Barwon Prison. Courts play no part or is constituted by the essential you can identify with them. You get sentencing courts do. This is vital if The problem for courts is that we are not in government policy, but perform characteristics of the legal system a better sense of how they deal with the principle of general deterrence equipped, not funded, not trained to be publicists a supervisory role to ensure that listed above. Freedom of speech can difficult questions, and you realise they is to operate effectively. Making this news and views news of our own work. Government operates according to thus be viewed either as an element are doing a difficult job. Visibility goes point in DPP v Russell,16 the Court law, that powers conferred by statute of a rights-based conception of the some way in dispelling the myth of the of Appeal drew an analogy with 1. Jennifer Rubin, ‘Sally Yates: Don’t finding that sentences for incest are exercised within the legal limits rule of law or as a foundational “civil judge as remote or out of touch and the TAC’s successful road safety ‘normalize’ attacks on the rule of law’, were disproportionately low, when The Washington Post, 15 May 2018. fixed by Parliament. The Court said: and political right”. ‘not like me’. campaign. considered against the yardstick of On either view, freedom of speech 2. Daniel Boffey, ‘EU demands action by It is one of the foundations of our He refers, in particular, to the Judges are not public relations experts, the maximum penalty of 25 years’ Poland’s Government to protect rule of is not absolute. Defamation law is a democratic society that the courts landmark moment when people nor should they be imprisonment. His Honour noted that law’, The Guardian, 15 May 2018. case in point. As his Honour further perform this supervisory role, and could hear the “actual voice” of He would like to see a collaborative this summary formed the basis of 3. See, for example, Morry Bailes, ‘Attacks explains, s 15(3) of the Human Rights do so independently of Government Justice Coghlan sentencing Arthur approach so that citizens understand mainstream media coverage.18 on the judiciary by politicians weaken Charter recognises that the right our democracy’, The Age, 5 February and immune from political pressure. Freeman. Freeman had been more fully what the Court does: of freedom of expression carries Speaking out as a judge has its limits 2018. This is one of the guarantees of the convicted of murdering his daughter “special duties and responsibilities”, I appreciate the difficulty of providing There are limits, though, to what 4. See also Justice Chris Maxwell, ‘The rule of law.10 by throwing her off the West Gate and may be subject to restrictions information in readily digestible form judges can do in the interests of quest for certainty and the limits of Bridge—a crime that had captured the judicial role’, paper delivered at La Courts exist to ensure that the laws which are reasonably necessary to to the media, let alone to ordinary transparency. Justice Maxwell the public imagination in Victoria.14 Trobe University Law School Seminar, made by Parliament, and the common respect the rights of others. members of the community. That’s would avoid being a panellist in a 17 November 2016. The sound of Justice Coghlan’s voice law created by the courts themselves, Accordingly, the President’s really hard. The problem for courts is discussion forum with politicians, 5. Momcilovic v The Queen (2010) 25 VR eloquently conveyed to the public are applied and enforced. This means explanation of the rule of law does that we are not equipped, not funded, except for the purpose of explaining 436; Momcilovic v The Queen (2011) 245 that sentencing was “a serious and CLR 1; Cf Ghaidan v Godin-Mendoza that people must in principle have not centre on free speech. He not trained to be publicists of our own the work of the courts. It is difficult task”. [2004] 2 AC 557. unimpeded access to courts. Without emphasises, at the same time, that work. It is not our job. There is a role important to him that he not be 6. (2015) 49 VR 356, in relation to the such access, the UK Supreme Court freedom of speech is fundamental Scrutiny is welcomed but should be for government to communicate what seen to be engaging in political then s 5A of the Sentencing Act 1991. said recently, laws are liable to to our understanding of democracy, informed courts are doing. commentary. His Honour refers to 7. Kirk v Industrial Court (NSW) (2010) become a dead letter.11 within the limits of the law. Justice Maxwell endorses an open the Guide to Judicial Conduct (3rd Sentencing – a continuing challenge 239 CLR 531, 580–1 [96]–[100]. and transparent communications edition), published by the Council The principle of equality before the law to communicate the Court of 8. Speech in Reply by her Honour upon How does the Court of approach. His Honour sees the of Chief Justices, which addresses Equality before the law is “the Appeal’s work her appointment as a Justice of the rule of law as a reason for courts to public comment by judges.19 Supreme Court of Victoria, 10 May 2018. starting point for all other liberties”.12 Appeal view transparency Perceived lenient sentencing embrace scrutiny. One of the indicia According to the Guide, appropriate This principle requires that like cases in the discharge of its is a topic that leads to frequent 9. (2016) 51 VR 597, 600 [10]–[12]. of the rule of law is that the content judicial contribution to debate should be treated alike, so far as the criticism of the judiciary: “If the 10. Ibid [12]. functions? of the law should be accessible about the administration of justice law permits. Asked what this means public do not know what exactly Embracing change and new technology to the public.15 His approach to is desirable. But ‘considerable care’ 11. R (on the application of UNISON) v in practice, the President responded: produces the result, it can lead to Lord Chancellor [2017] UKSC 51 [66]– Justice Maxwell has overseen transparency is robust, but qualified: should be exercised to avoid using misunderstanding.” There is a great [68]. It means a right to equal treatment in significant criminal and civil reforms the authority and status of judicial It is essential for the rule of law that deal of pressure on judges, associated 12. Green v The Queen (2011) 244 CLR the application of the punitive power in the Court of Appeal since 2011. It office for purposes for which they courts are exposed to stringent scrutiny with the need to arrive at a sentence 462, 473 [28]; Zogheib v The Queen of the state to those who break the is perhaps not surprising then that were not conferred. Involvement (2015) 257 A Crim R 454, 457 [3]; for what they do, how they do it, and that sends the right message of criminal law. It means that cases which he is unafraid of change when it in political controversy is to be Hasan v R (2010) 31 VR 28, 39 [48]; their decisions. This is part of our punishment and denunciation Boulton v R (2014) 46 VR 308, 321 [48]; are relevantly identical should have comes to communication initiatives. avoided. democracy. We are publicly funded but that also takes into account Nash v R (2013) 40 VR 134, 137 [9]. identical outcomes. One of the key He is keen to embrace new ideas. to serve the community. If people are mitigating factors, such as mental 13. Lowe v The Queen (1994) 154 CLR 606, concerns of the Court of Appeal during He welcomes the Supreme Court of Conclusion unhappy with what courts do, they illness, moderating the principle of 611. my time here has been with consistency Victoria’s move to begin using social Plainly, the President considers that should be absolutely free to have their general deterrence. 14. The Herald Sun, for example, of sentencing as a foundational media, considering it an essential judges and politicians should recognise embedded a podcast of the sentencing say. But the time-old qualifier from It is difficult for journalists, and principle. This does not mean precise part of modern communication. He the limits of their respective roles, remarks into its 11 April 2011 report. courts is that it would be better for members of the public, to plough numerical equivalence, but it is is comfortable when photographs and should not interfere with each 15. Murray Gleeson, ‘Courts and the everybody if the criticism was based on through complex Court of Appeal uncontested that there should be equal are taken in Court in appropriate other’s functions. This is distinct from Rule of Law’, The Rule of Law Series, a reasonably complete understanding sentencing reasons. The Court of Melbourne University, 7 November treatment. As Chief Justice Mason circumstances. He endorses webcasts scrutiny of the court’s function, which of what was actually decided, and the Appeal tries its best to communicate 2001. said in Lowe’s case: inconsistency of by the Court of Appeal. his Honour embraces—if the opinions basis on which it was decided. its own decisions by publishing 16. (2014) 44 VR 471, 483–4 [69]–[73]. treatment is ‘a badge of unfairness’13. His Honour describes as are well informed. He also regards judgment summaries (akin to a ‘marvellous’ the live streaming of His Honour adds, “General collaboration between the judicial and 17. [2016] VSCA 148. media release) for appropriate important sentencing decisions. In deterrence can only work if decisions executive branches as vital. Wider 18. Bianca Hall, ‘Judges imposing ‘extremely Where does ‘transparency’ cases. For example, the Summary his Honour’s view, such visibility — for example stern sentences on publicity for sentencing decisions is an lenient’ sentences for incest: court of for DPP v Dalgliesh (a pseudonym)17 appeal’, The Age, 29 June 2016; Sol Dolor, or free speech fit into the dispels misconceptions: random street violence — are widely important area which he believes can announced, “The Court of Appeal ‘Court of Appeal urges judges to give rule of law? communicated.” The President’s lead to maximum benefit for Victorians. harsher incest sentences’, Australasian Because it’s one step closer to having today said that higher sentences Justice Maxwell points out that view is that, since governments Justice Maxwell concludes, “Our legal Lawyer, 4 July 2016. the public understand the nature of were required in cases of incest.” there are competing views about have a proper commitment to public system is premised on citizens having 19. Chapter 5.7, page 25. that task and the nature of the person There was then provided a brief whether the rule of law extends safety, they should take greater confidence that they will have access to who is doing it. When you see judges, summary of the Court’s reasons for to the substantive content of laws responsibility for publicising what independent and impartial justice.”

40 VBN VBN 41 news and views

their own way of dealing with things. I learnt a lot.

news and views news VBN: The central Australian experience must have been helpful in your role at the Royal Commission into Institutional Interview with Kerri Judd QC, Child Sexual Abuse, when you were acting for the State. Director of Public Prosecutions KJ: When I was in Alice Springs, there were a large number of young boys who had been sexually abused. CAMPBELL THOMSON AND ANNETTE CHARAK That was another scenario where it was difficult to get instructions. Having those experiences helped me ictorian Bar News spoke with the new I was going to the Bar. They would always say, “well, formulate how government officials Director of Public Prosecutions, Kerri when you’re a barrister, that is a great way to do it” or should respond to things, whether Judd QC, in her eyrie on the 9th floor at “when you’re a barrister, don’t do that”. You did sit there there should be apologies. It helped 565 Lonsdale Street. The surrounding thinking, “I can do it better”. And then when you go and with getting through the evidence. new towers have disrupted what used to do the Bar readers’ course, you realise it is so much easier Some of those witnesses were older be good views in all directions. Despite watching. men, who were just so broken. It was 100,000 workers marching through the streets, chanting VBN: Was crime something you were particularly really upsetting. about work place laws, we managed to make ourselves interested in? heard. VBN: Some solicitors deal on a day KJ: No. I finished being an associate with Bill Crockett to day basis with child sexual abuse VBN: Did you have any sense of what you wanted to do and when he was presiding in the Full Court in crime. So I cases, which are stressful and can be Vwhere you wanted to go before you went to uni? was exposed to the criminal law in that context. And I met damaging. Inherent in that is a work, KJ: I knew I wanted to do a law course. I didn’t a lot of criminal law solicitors and barristers, including health and safety issue. How do you envisage that I would be a barrister. I had no contacts Bernard Bongiorno QC, the DPP at that time. I read with cope with the stress of cases like that in law at all. I had no concept at all of what being a Stephen Kaye and, when he took silk, Kate McMillan. It and stress at work in general? And how lawyer was. And I certainly wouldn’t have known who took me ages to get briefs; I wasn’t one of these people do you help other people cope with the Director of Public Prosecutions was. 1983 saw the who started with a bang. I think Stephen Kaye felt sorry those sort of things? first director appointed. That would have been when for me. In the end, I got work in a whole lot of areas: KJ: I cope by doing a lot of exercise. I was doing HSC. commercial, regulatory work, admin work and criminal And I’ve found since I’ve started in work. The other areas pay a lot better but criminal law is VBN: So what drew you to law? this job that I haven’t had as much always the most interesting. KJ: My grades at school were good and I wanted to do time to do my normal exercise something that could extend my brain. I liked the policy VBN: How did your experience as a legal officer in Alice and I’m getting grumpy! I swim, I side of it. I don’t think I thought about being a lawyer but I Springs in the 90s shape you as a lawyer? used to run…I am too old now, too thought about how law impacts on society. The other path KJ: It was a challenging experience. I think it helped me many injuries! I walk the dog. I was medicine/science but that wasn’t where I had any on a personal level and as a lawyer. I had to deal with a do gardening. I see my family and make sure that there is rotation. You demonstrate that women can be in interest or skill. whole range of issues. I had a field officer and we would friends as much as I can and they don’t want anyone doing the same leadership positions, women can be get in the four wheel drive, go out and look for clients. If force me to talk about other things. type of case day in day out and that is the head of organisations like this. VBN: Did you have any particular mentors who encouraged we didn’t find them, we might bump into someone else to I think well-being is very important very important for managing stress. The other part of it is that it gives you to do law? give instructions. I might have had 300 running matters. and what the office has done is be me a great opportunity to promote KJ: I don’t think I really started developing any mentors VBN: Emily Wilson recently translated It taught me good communication skills because you very conscientious of well-being women and to assist in helping until I went to work as a judge’s associate. Homer’s Odyssey into English. She is the couldn’t use legal language. It taught me chit-chat at the programs, so we have bring your dog women reach their full potential. first woman to have done that. She was VBN: What was working with Justices Gray and Crockett like? beginning of meeting someone. Social protocols meant to work day…only one dog per floor! We are getting to a point where asked at the Sydney Writer’s Festival KJ: I became a judge’s associate, not really thinking that you couldn’t just start talking about a legal case. You We have Pilates… being a woman in this type of job is about being the first woman and she through what I would do at the end of it. There were two had to talk about where you came from, about their family unremarkable with Chief Justices VBN: Maybe a yoga class would be a pushed that question aside and said that lots of associates at that time. There were the retired and your family. It taught me to ask questions very clearly of the Supreme Court and the High good idea! Is there access to counselling it is not her being the first woman that servicemen and there were the graduate associates. From in court. Court, lots of women judges, Kristen or mental health support? is interesting but what she, as a woman, time to time, you would sit in other judges’ courts. I sat The other aspect was a real male-female aspect. I Walker QC as Solicitor-General, a lot KJ: There is. John Cain is the Solicitor brings to the task that those who have in Justice Alan McDonald’s court when he was doing the would talk to the women, who wanted to engage white of silks… for Public Prosecutions. He is my gone before her did not. What do you Grimwade trial. man’s law, because they were usually the victims, and I think it leads to a different culture. solicitor, he runs the office. I do not bring to this role that is different from All the judges proceeded on the basis that if you were my field officer would talk to the men. He would report Being the head of an organisation is micro-manage that side of things, what other Directors have offered? working as an associate, it meant that you wanted to be back that they did not want to engage white man’s law— about leadership. It is about systems, it but I support all these programs. The KJ: I think it enables me to act a barrister. They spoke to me on the assumption that because they were usually the perpetrators and preferred is about training and it is about culture. other aspect to wellbeing though is to as a role model, it enables me to I think just the women side ticks off on

42 VBN VBN 43 the leadership and ticks off We are getting to a point where being a woman in on the culture. this type of job is unremarkable. I’ve got a good understanding of news and views news how a variety of Directors worked. more police. Are we going to need more Appeal before long. Would you take that I started at the Bar as junior to solicitors at the OPP? on as an issue? Bernard Bongiorno QC, I was then KJ: I think it is always growing. We KJ: That is the type of case that I junior to Geoff Flatman QC and to rely on the Bar a lot. We have Crown would take on but Brendan Kissane Paul Coghlan QC. I saw the way each Prosecutors but each day we brief QC as Chief Crown Prosecutor could of them worked. And they all had a about 80 external counsel. do it, or Fran Dalziel who has been different way of dealing with things. formulating where we are going with Before I became a Senior Crown VBN: What sort of cases do you see that body of sentencing law. We can Prosecutor, I had a good 10 years yourself appearing in now that you are the also call on Chris Boyce SC for that of not doing any criminal law. A lot Director and you can pick and choose? sort of appellate work. of things changed; a lot of things KJ: I would like to do some High 2017 stayed the same. But I can look at Court cases. I would like to do some VBN: This role places you very much in 2017 things freshly. I have good knowledge Court of Appeal cases when they the public eye. How do you feel about of government law, administrative involve matters of particular public that side of your job? BENCHMARKSBENCHMARKS AND AND law, privilege and subpoena cases. I interest and importance. We’ve got a KJ: I am adjusting to the public understand the way public interest whole raft of new legislation coming aspect of the role. I was much more immunity works. I’ve acted for the in. I’d like to be involved with used to working in the background. LEADINGLEADING PRACTICES PRACTICES police in a lot of cases. So that makes some of those cases. For example, I But I’m a good decision-maker and I it a good starting point in terms of would be looking at doing the first know what the job requires. And this relationships with other stakeholders. detention order application for job really does represent the next REPORTREPORT serious violent offenders. stage of a career. VBN: Where do you see the OPP going in terms of size? We’ve got bigger VBN: There is bound to be a case on VBN: Thank you very much for your time The latest instalment in this biennial publication features a range of essential data to prisons, more people getting arrested, standard sentences going to the Court of and good luck in your new role. The latest instalment in this biennial publication features a range of essential data to improveimprove the performance the performance of smallof small and and large large in-house in-house legallegal teams. teams. The report has been compiled following a survey of over 300 General Counsel and Chief The reportLegal Officershas been and compiled interviews following with over a survey20 General of overCounsel 300 across General Australia Counsel and andNew Chief Legal OfficersZealand. and interviews with over 20 General Counsel across Australia and New The Crown Zealand. The 2017 ACC Australia Benchmarks and Leading Practices Report draws on the data from Essays on its manifestations, power and accountability The 2017previous ACC reports Australia and highlightsBenchmarks a range and of Leading trend data Practices that will Reportshape the draws future on of the the data from

WITH CONTRIBUTIONS FROM THE HON JUSTICE STEPHEN McLEISH AND THE HON JUSTICE RICHARD NIALL previousin-house reports profession. and highlights a range of trend data that will shape the future of the in-house profession. he notion of the Crown, to institutions of government. this book, through long study and Whether you lead an in-house legal team, or service the in-house no less than the notion Because it is a notion that is not experience, is extraordinarily well sector, this report delivers a range of information and will provide a T of the people, is a value- the product of the law, the Crown qualified to shed light on a dimension Whether you lead an in-house legal team, or service the in-house laden abstraction. Within a system defies legal definition. Aspects of its of it. Collectively, they do much to crucial reference point into the future. of representative and responsible operation and application have been deepen our appreciation. sector, this report delivers a range of information and will provide a government, the two abstractions described by lawyers, and aspects of its From the Foreword by the Hon crucialThe reference2017 report includes point the into following the sections: future. are intertwined. The notion of the legal incidents and legal consequences Justice Stephen Gageler AC Crown is capable of appreciation only have been identified. But its contours in its relation to the notion of the have never been mapped. Perhaps The 2017• The report external includes environment the following – the new sections: normal people, and only then in the sweep of because it has defied definition, it has • The 21st-century General Counsel history and with an understanding of been a source of both fascination and the practical working of democratic frustration over many years to many • The• externalThe 21st-century environment legal team – the new normal and administrative processes. Both lawyers, whose professional habit of • The• 21st-centuryThe 21st-century General legal function’sCounsel operating model notions bring with them a sense of mind has often led them on a quest • The 21st-century legal function’s sourcing model unity and continuity. But it is in the for greater precision than the subject- • The 21st-century legal team notion of the Crown that there is matter of their study will bear. • The future of in-house captured that expectation of tempering The subject-matter of this book • The 21st-century legal function’s operating model privilege with responsibility which is as deep as it is wide. Each author • The 21st-century legal function’s sourcing model characterises our fundamental attitude whose contribution appears in • TheThe future 2017 of ACCin-house Australia Benchmarks and Leading Practices Report can be purchased via the ACC Australia site: acla.acc.com The 2017 ACC Australia Benchmarks and Leading Practices Report can be purchased via the ACC Australia site: acla.acc.com news and views news and views news Marriage Law Postal Survey

KATHLEEN FOLEY

November next few months on a whirlwind of 2017 was an fundraisers, rallies, community family historic day for days, house decorating, rainbow Australia. The accessorising and the like. result of the Bringing my stance on the survey controversial into my workplace (in the form of Barrister Kathleen “Australian Marriage Law Postal a small badge, helping to arrange Foley with daughter Violet at a “Yes” Survey” was announced, with the a fundraiser at the Essoign and campaign rally. “yes” vote a resounding win at 61.60%. attending rallies) was unusual Like many Australians, I threw a for me. As a young lawyer, I was Barrister Chris McDermott with Board and party at my home that night, to cautioned to keep my politics to 15 staff of the Victorian AIDS Council and the celebrate with friends and family. myself. Nevertheless, I decided to be Hon Senator Penny Wong, ALP. We celebrated the result, but we also quite open about my support for the celebrated having reached the end “yes” campaign. For me, this was not of what was (for many) an incredibly a political issue. It was an issue of painful campaign. basic human rights. It was about the I was involved as counsel in one fact that a segment of the Australian of two High Court challenges to the population had been denied the right postal survey. I will never forget the to marry solely on the basis of their queues stretching down William sexuality, and that the postal survey Street when the challenges were represented a chance to change that. heard by the Full Bench, sitting in But more than anything, I looked at Melbourne. I will never forget the my two children—then six and three unprecedented number of rainbow- years old—and realised I wanted to coloured umbrellas confiscated look them in the eye as they grew As a young lawyer, I by security at the entrance to the older and be able to tell them that Commonwealth Law Courts Building. I had done everything I could to was cautioned to keep But this is not an account of the case. help the “yes” vote win. Many at the my politics to myself. This is a personal account of the Bar felt the same way, and it was campaign that followed. wonderful to see colleagues attending Nevertheless, I decided Challenging the postal survey in rallies, organising fundraisers or to be quite open about the High Court—and losing—seemed doorknocking. my support for the “yes” to have a remarkable galvanising I worried about the impact of the effect on the “yes” campaign. No postal survey on my children. Their campaign. matter whether one felt that the circle of family and friends includes process was right or wrong, lawful many from the LGBTI community. To did not think all people should share or unlawful, the collective mood have a same-sex partner is so normal the same right to marry their loved seemed to be that with the challenge in their world that the word “gay” one? I entertained the vain hope that lost, the only option was to fight and had never arisen or been discussed I could get through the campaign in fighting to win. Like many others, with my children. It would have been without having to broach the topic, I resolved the night of the High odd to make that point of distinction. at least with my three-year-old. Yet Court’s decision to dedicate myself Would I now have to discuss this with the topic couldn’t be avoided. We live in whatever way I could to the “yes” them, to explain for the first time that in the inner north of Melbourne and campaign, and embarked over the some people in Australian society the suburb was quickly plastered

46 VBN VBN 47 news and views news

MEDIATION CENTRE

Barrister Maree Norton, her partner Hannah and their two children at a Yes! Campaign Rally

VICTORIAN BAR MEDIATION CENTRE

Barrister Chris McDermott at the urban “Yes” mural, South Yarra. Purpose-built mediation and The denial of marriage equality is something future that the survey had to happen at all. conference rooms in the heart Sadness that the “no” campaign had of Melbourne’s legal precinct. children will find impossible to understand. been so hurtful to so many. But here we are, six months later. with rainbows and “yes” campaign children to be particularly hurtful. Whether it should have occurred material as far as the eye could see. Others found that the campaign was by way of a postal survey or not, There was also the not-insignificant triggering long-buried memories the survey happened and the matter of a “no” campaign billboard of homophobic experiences. And “yes” vote prevailed. Legislation prominently displayed within the process was just so long. As the was passed, and marriage equality walking distance of our house. The weeks of the campaign dragged is now a reality. I am not one of The Victorian Bar knows how important the mediation process is. We’ve put our experience discussion had to be had. As it turned on, many found it hard to maintain those who believes that the result out, both my kids threw themselves their positivity. It was, at its base, a retrospectively justifies the process. and knowledge into creating the right space to support parties through mediation. into the “yes” campaign with absolute horrible thing to have to go through, But that is now nothing more than enthusiasm. Spotting “yes” campaign to have the country voting on an interesting discussion point. What material on houses as we walked or whether you should have the same matters is that the denial of the right WE OFFER drove became a favourite pastime. fundamental rights as your siblings, to marry because of sexuality is now Despite the interest of my children colleagues and neighbours. At the a matter of history (and becoming in our suddenly rainbow-themed same time, other friends were finding more distant history by the day). • Modern neutral decor with abundant natural light suburb, as the campaign went the campaign to be a surprisingly The denial of marriage equality is • Business room and printing facilities on, I realised the very different uplifting experience. They felt it was something future children will find experiences of the campaign of some bringing people together; LGBTI impossible to understand. Sitting at • Reception and administration services of my LGBTI friends and colleagues. Australians found new allies, often my desk a few months ago, an email • Fully equipped kitchen with tea & coffee making facilities A number of close friends found where they least expected it. These popped up on my screen: a “save the campaign incredibly hard. Some divergent experiences were reflected the date” for a wedding day. Two • After hours operation available were particularly pained by the on the night of the survey result. dear friends—together for years and • Video and teleconferencing facilities fact that family members or work While it was undoubtedly a night of previously not able to take this step— colleagues were unexpectedly voting celebration, there was sadness too. announcing they are to be married. • Central location within Melbourne’s legal and business precinct “no”. It was so very personal. Some Sadness that 38.40 percent of the At that moment, for me, it was all • Secure free Wi-Fi found the “no” campaign’s focus on country could vote “no”. Sadness worth it. www.vicbarmediation.com.au 48 VBN P 03 9225 6930 E [email protected] Level 1 & 3, Douglas Menzies Chambers, 180 William Street Melbourne 3000

Mediation Centre Advertisement v3.indd 1 30/11/17 9:54 am news and views

and other search parameters to find a Authorised law reporting — case relevant to the point of interest. In my view—and it has been news and views news observed by other commentators— up to the challenge these changes have had an influence on the method of legal research; then on legal argument; and possibly even 1 JUSTICE CAMERON MACAULAY on judgment writing.5 A word search conducted across a vast database he challenges for law reporting in the The real game changer came with the ‘free to air’ online of cases can return a batch of cases early 21st century may be likened to law reporting services (eg Austlii, BarNet JADE, NSW which illustrate the application of the challenges for law reporting in the Caselaw, etc). Although said to be free, at least some come the principle identified by the word United Kingdom in the early to mid-19th at an indirect cost through Government grant funding. search in particular factual situations. century. The availability of free to air publication of legal It returns results by reference to Leading to the early 1800s, more often judgments may be described as contributing to the words and language not by principle. than not, judgments in England tended to be delivered ‘democratisation’ of the law. That is, it contributes to Observations have been made that orally rather than in any written form. Judgments were a system of justice administration that is both more research using this method can lack transcribed by law reporters (typically barristers) who transparent and more accessible to citizens. In that depth. Worryingly, some anecdotal cross-linking to other databases, and law of Australia. There is ongoing attended court, heard the judgments delivered and then regard, in my view, these developments are to be evidence suggests that lawyers are options for a range of flexible and conversation nationally on that issue. Tpublished them in what were known as the nominate welcomed. tending to ‘fact-match’ rather than affordable delivery modes that suit 1. Judge of the Trial Division of the reports. It was, in effect, a private enterprise system. That ‘democratisation’ has been made possible because ascertain and apply principles to different classes of user. Supreme Court of Victoria; Chair It has been described as ‘hotch potch, commercial of the coincidence of a number of factors in the late 20th facts.6 The results of such research Recently, the ICLR UK 7 and the of the Council of Law Reporting Victoria; Chair of the Law Library of st publication of law reports associated with the names of and early 21 centuries. Those factors include: are deployed in argument by publishers of the New South Wales Victoria. Speech given on 10 May 2018 particular reporters’.2 First, the increasing and now unexceptional practice of reference to the factual similarity or Law Reports8 and the Victorian at the ‘Autumn Drinks’ function in The system had its benefits but also had its deficiencies: judicial officers producing written judgments in a digital dissimilarity of previously decided Reports (Little William Bourke)9 Melbourne to celebrate developments in the reporting of authorised law the reporting of cases had a tendency to be arbitrary and form capable of being uploaded to an online platform cases to the one at hand. If it persists, have made innovative developments reports published by the Incorporated unfiltered, it did not involve checking by the judges and immediately following delivery, checked by those who there is a danger this process might in authorised law reporting. As with Council of Law Reporting (England thus could be inaccurate, and it lacked any overarching authored them; tend toward the ‘factualisation’ of the changes brought about in the & Wales), and the Councils of Law Reporting in NSW and Victoria. control or system.3 Second, the funding for and construction of online the law contrasted with the search mid-19th century, the modernised In response to this situation, the Incorporated Council internet platforms widely and freely accessible across the for and discovery of authoritative model that each of them has adopted 2. The Hon Justice G Lindsay (judge of the Supreme Court of NSW), A of Law Reporting (ICLR) UK was established in 1865. It world-wide web; and principle for its application to the emerged from and involves a Future of Authorised Law Reporting was a council represented by members of the profession Third, and in tandem, the development of powerful facts at hand. close association between the law in Australia, paper presented to the who selected cases for reporting, had them checked by search engines capable of being applied to the vast In short, the same technological reporting process and the profession Australian Law Librarians Association, 11 June 2013. the judges and published them in what became known as databases of judgments stored on those platforms using advances that have produced the itself. All three have stamped the Authorised Law Reports. various kinds of search parameters. benefits of democratisation are, themselves as leaders in meeting 3. See Michael Bryan, ‘The Modern History of Law Reporting’ (2012) 20 The advance of that system over the unfiltered, non- But this democratisation has led to something else, arguably, dynamically inter-related the present challenges. Against the Australian Law Librarian 65. selective and unsystematised form of law reporting to that something which takes us back to a characteristic that with the de-sytemisation of legal trend of de-systemisation, each has 4. A general account of the landscape of th point was profound. Authorised reporting was systematic. was prevalent in the early 19 century. The massive take- reporting and a tendency toward sought to preserve and revitalise authorised law reporting in Australian Cases were selected on principled bases, generally up of free online legal databases, as a tool of convenience, factualisation in legal research and the important role of authorised jurisdictions to the end of the 1990s, because they contained some advance in legal principle. is contributing to the de-systemisation of the reporting case presentation. law reporting for the systematic together with the usual rationale given for authorised law reporting The reports were checked and approved by the court. of judgments. The online, free to air databases do not It is against this background that development of the common law and the stages through which the They featured the value-added benefit of a headnote. generally organise the material on any topical basis. the retention and preservation of a by the principled selection and reporting process passes, is given by And, they could be organised and indexed topically using No selection is made of what is to be reported, other robust and user-friendly system of reporting of authoritative decisions. Naida J Haxton in ‘Law Reporting and Risk Management Citing Unreported a consistent taxonomy of legal subject matter. than by the individual judicial officers who cause them authorised law reporting is needed Each has responded innovatively to Judgments’ (1998) 17 Australian Bar Australian colonies, and then states, followed a similar to be uploaded. Important decisions advancing legal as much as, if not more than, ever. technological challenge and changing Review 84. model by establishing their own councils of law reporting principle are reported alongside humdrum decisions One that holds its own against the consumer demand, including by first 5. Terry Hutchinson, ‘Legal Research composed of representatives of the profession and the of fact involving no application of principle, all in one challenge of free to air services publishing reported cases online and in the Fourth Industrial Revolution’ (2017) 43 Monash University Law judiciary. Such a model was established in Victoria in 1876. undifferentiated mass. So, this situation may be described and responds to the changes in by providing various means of access Review 567; The Hon Justice Stephen There were many other new developments and changes as a new form of ‘hotch potch’. user choices in the electronic age. and subscription models, including Gageler, ‘What is information to the system of law reporting throughout the 20th Free online databases have brought a highly accessible One that maintains the important ‘pay-per-view’. technology doing to the common law?’ (2014) 39 Australian Bar Review 146. century. For example, as well as authorised reports, there but largely unfiltered and non-selective torrent of elements of discerning case selection The journey is not over, of course. developed a proliferation of specialist reports published decisions from all levels of judicial hierarchy across and the skilful crafting of succinct Speaking locally, for example, 6. Hutchinson, 586. by commercial publishers. almost every conceivable subject field. Research of the headnote summaries. But one that even more can be done to achieve 7. https://www.iclr.co.uk But still, all reports, whether authorised or not, were law deploying this resource is dependent on (1) the also takes advantage of the modern connections between the various 8. https://nswlr.com.au only available by subscription, that is, they were fee-for- ability of the search engine to find key words, and (2) the advances of online publication: speed repositories to reflect and enhance 9. https://victorianreports.com.au service publications.4 proficiency of the user to choose appropriate key words of delivery and reach, search-ability, the development of the ‘one’ common

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If you are briefed in a case involving a police transcript, don’t accept the accuracy of the transcript.

news and views news Ask for an expert in forensic transcription.

evidence of culpability. Speakers are Enhancement of a recording is rarely facing, or even close to, the possible. It is used to make music microphone. They are not trying to more pleasant to listen to (especially enunciate clearly, as if they were in when remastering old recordings). a recording studio or speaking into a It cannot make indistinct speech dictating machine. more distinct. In most cases, simply inviting the You can test these propositions jury to listen to the recording would easily. In a NSW case, a father and be a waste of time. Jurors would be son were convicted of murdering the unlikely to hear anything meaningful. former’s father, who was the latter’s Following Butera v Director of Public grandfather. The father denied being Prosecutions (Vic)4, the practice is a party to the murder. He admitted to for the police to prepare a transcript, having failed to call the police after which is given to the jury to assist them his son told him what he had done, in listening to the recording. The police which would have made the father a police transcript, don’t accept the who have prepared the transcript are an accessory only. One minute, out accuracy of the transcript. Ask for an said to have become “ad hoc experts” of about 38 minutes, of an enhanced expert in forensic transcription. To on the recording; by means of repeated covert recording used in the case is avoid the risk of priming, don’t brief listening to the recording, they have available online5. Chances are you the expert on the facts or provide the developed an understanding of what won’t understand any of it. police transcript until the expert asks was said. Often, much is made of Once you are told that the excerpt for it. The expert’s evidence might the fact that the recording has been includes the father saying to his son, help you to exclude the police “enhanced” by an audio engineer “At the start we made a pact”, you are transcript from the evidence, which (although the jury is given the original, very likely to hear those words. The might be an important step in as well as the enhanced version). prosecutor made much of this alleged defending your client. LANGUAGE MATTERS Science has moved on since admission in the case. The prosecutor, If you are interested, you can read Butera. We now know that repeated the defence counsel, the judge and a New Zealand case in which part of listening does not make the indistinct the jury all accepted that the father Lost in transcription: covert recordings a recording was excluded from the clear. Transcribing speech is a very said these words. They “heard” them, evidence, because experts on both specialised skill. It is the result of just because they were shown the sides were agreed that the defendant eter Gray was a judge of the PETER R A GRAY training in the ways in which the police transcript of the recording. had not uttered an admission a Federal Court of Australia for various sounds of language are This is a phenomenon known as P policeman thought he heard in the 29 years until his retirement in produced (phonetics) and how those priming. Once you have been primed, e often mishear mishearing of “head lessor” in a recording.6 May 2013. He was appointed an individual sounds (phonemes) are it is very hard to change your mind, the lyrics dictated letter). 3 Adjunct Professor of Monash Law put together to construct speech just as the misheard lyrics tend to 1 Burridge, K & Stebbins, T. (2015). For of songs. The recordings we mishear are the Love of Language: An Introduction School in 2013. Peter has had a (phonology). It requires long stay with you, even if you have been How many made under ideal conditions, often to Linguistics. Melbourne, Australia: long-term interest in language and experience of making transcripts, told the correct version. Cambridge University Press. (p. 134) of us heard in studios, with the best recording communication. His work among before anything like accuracy can be Independent researcher Dr Helen repeatedly Jimi equipment. How much easier it must 2 Fromkin, V, Rodman, R, Hyams, N, Aboriginal Australians sparked a expected. Fraser is an expert in phonetics and Collins, P & Amberber, M. (5th ed. 2005). Hendrix singing, “Excuse me while be to mistake something said when particular interest in cross-cultural Police have neither the training nor phonology. She says those words are An Introduction to Language. Melbourne, I kiss this guy”, when all he wanted a conversation is recorded through a Australia: Nelson Thomson Learning communication, especially in the the experience to do the job properly. not there. The sounds, the rhythm to kiss was “the sky”? We are often hidden microphone. Pty Limited. (p. 79) legal system. This interest has led What they do have is background and the cadences do not match such surprised to be corrected, because we Covert recordings from bugging 3 Young, P. ‘Headless Whores’ (2011) 85 him to forensic linguistics and to knowledge of the other evidence an expression. She is not certain are certain that what we have heard devices are used often in criminal ALJ 330 membership of the International W revealed by the investigation of what was said, but something like, “It is what has been sung. proceedings. These recordings are 4 (1987) 164 CLR 180 Association of Forensic Linguists the alleged offences, and a keen was fuck’n’ payback” is more likely. Misheard utterances in recordings made in conditions that are far from 5 http://forensictranscription.com.au/ (IAFL) since 2003. His chapter ear for anything that might add to Dr Fraser has conducted experiments have been called “Mondegreens” ideal. The sounds of TV or radio, case-study/ dealing with the contribution forensic that evidence. It is easy for them to with audiences, priming them (“laid him on the green” was and the myriad noises we make 6 Bain v R [2009] NZSC 16. The expert linguists can make to the legal system become convinced that they have with first one, and then the other, misheard as “Lady Mondegreen”)1, in our ordinary lives, which our evidence is summarised at [5]. The is published in M Coulthard and A heard inculpatory utterances and suggestion. Priming is almost 100% recording can be heard at http:// “pullet surprises” (after the famous brains filter out as “white noise”, are Johnson, The Routledge Handbook of to include those utterances in their effective and is very hard to undo. forensictranscription.com.au/the-crisis- American literary awards)2 and preserved along with the utterances call-experiment/ Forensic Linguistics (Springer) 2010. transcripts. If you are briefed in a case involving “headless whores” (because of a the police are hoping will provide

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Ds You had to look it up? The Mighty Acronyms, ‘pre’ and ‘post’ nominals et al Melbourne Football Club, of course. Use more frequently in news and views news Essoign Club, given recent on- DR BRYAN KEON-COHEN AM QC, PH D (MON), LLM, LLB, BA (MELB) DIP ED (MON) field success. Dr, PhD, LLM, etc: Academic conceits relentlessly.3 This journey from the sublime (Mabo) to used to terrify students, until ith the late Ron Castan, AM QC, Bryan worked the ridiculous (stories, novels, all unloved, unwanted, and acquired by said students who tirelessly on the landmark Mabo litigation for more W cruelly rejected) triggers for me a renewed interest in our then feature them on LinkedIn than 10 years, representing the Murray Island plaintiffs. The constantly evolving language. and Facebook. opportunity arose only a month after being admitted to the I have no real interest in nominals, pre or post, save Et al Short for et alia, which doesn’t Bar, when Bryan received a phone call from Ron asking if he for the ridiculous number I seem to have collected. In my help much. would be interested in working on the case. They had known humble opinion, those who rely on or emphasise them Etc Ibid, for et cetera, which helps even each other for a few years, prompted in part by Bryan’s would be much happier frequenting, not the Essoign less. unsuccessful attempt to read with him. Bryan had previously Club, but London’s West End clubs, whose members still G Sporting shrine, holy of holies. worked as a lecturer at Monash Law School, and at the crave invites to Royal weddings. The Stones also played there once ALRC in Sydney, on its reference concerning the recognition Acronyms are increasingly prevalent, however, (bad acoustics); the mighty Ds within the general legal system of aboriginal customary law. everywhere. They reflect various factors, which include, won a flag there, actually, back in He was also, in his own words, “very cheap”. An important at best, a need for concise expression given limited ...? legal journey therefore began, culminating in the historic space, or a method of efficient communication amongst Gen Y Humans, born 1980–2000 High Court decision handed down in 1992. In 2016, after a a discipline-based working group, keen to get to the approx. Not Millennials. Think career of 35 years of tireless work, Bryan retired from active point; at worst opaque and impenetrable club-speak they own the joint. Probably do. practice (or was “re-directed” as he puts it) and has, inter by members intent on secrecy or obfuscation; a craving Digitally savvy, pre-date Gen Z. alia, developed a sense of the ridiculous about things like the to belong by participating in a made-up language that J The most useful post-nominal for art and science of nominals—of which he bears a few. excludes others; and an increasing community practice cutting into queues. where language is optional and acronyms become a Loitering Long-established, honourable prefer to use the term “re-directed” rather bridge between words and those cute emojis as a means tradition of pinching other than “retired” to describe my on-going (but of communication. counsels’ briefs (plural) at Owen carefully disguised) existential crises. After Having become familiar with the Urban Dictionary as Dixon Chambers front steps. a busy professional career driven daily to part of my re-directed creative life, I’ve turned my mind Essential for survival, at all career produce work efficiently and meet deadlines, to deconstructing ‘legal’ acronyms as a useful guide for stages. the change of pace needs, I think, to be those time-poor practitioners seeking a moment to relax LOL Laugh Out Loud. Used by Gen Y recognised and managed, with appropriate adjustments. and ROFL (for the meaning, refer below). to fill in screen space on smart- “Q”. Actually, depends who’s WTF Used to express astonishment, I consider myself fortunate to have long-held interests, phones. See also ROFL. sitting on the (UK) throne. relieve tension, be sociable and held in abeyance for 40 years or so, to continue to pursue, Acronyms essential for the Essoign Club LGBTIQA+ Not to be confused with ROFL Roll on Floor Laughing. trendy when otherwise lost for being interests completely outside the law—especially and other suitable locations LGBTQIA+. All a bit mysterious to SC Not a QC. words. Candidate for Macquarie writing fiction. Sadly, to date, no self-respecting, or cis-male PC baby boomers who Sine die Used by courts to demonstrate Dictionary, but not yet the OED. I A-G Aka politician, first law officer of the Crown. Sits in any, publisher wants my stuff (cf the much-published never inhaled during the ’60s. commitment to plain English in (If meaning unclear, see Urban parliament, supposed to know a bit of law, appoints Js, Honourable Dean J)1. I have also been hopelessly busy OMG Oh My God. Expression of alarm the 21st century when concluding Dictionary online or any human so good to buy the A-G a G&T. researching and writing legal material and lecturing to favoured by Gen Y / Millennial a hearing. under 25 years of age.) Heard Aka Also Known As. Used by criminals, often. secondary and tertiary students on, what else, Mabo. I’m types, increasingly used by baby Soly-G or S-G Solicitor-General, senior often in Essoign. ALRC Australian Law Reform Commission. Sydney-based, so told, in these places, that I’m a piece of walking (viz ancient) boomers. Now included in the law officer appointed to advise a XYZ name withheld for legal reasons. not recognised in Victoria. Produces valuable reports history. Great … OED. Yes, really. government. Traditionally enjoys . Punctuation mark, useful in rarely implemented by A-Gs, especially if a report was Law, language, linguistics and literature are intertwined PC P olitically Correct, cf Privy independence to enable full and written submissions. Shows commissioned by a predecessor now in opposition (my in many ways: see, e.g., F Dostoevsky, Crime and Council (UK), cf Prince Charles, cf frank advice, with the occasional [also] it’s time to stop. personal experiences influencing this one). Punishment (1867)2. I read this novel, aged 19, when Personal Computer. fracas that does not bear AM Big-time gong. Usually received from the G-G; envious of 1. See also C Ford, “The Power of Sentences”, studying first year Medicine at Monash University in Pro bono In the public interest, aka repeating here. (2018) LIJ 83 (May), recording His Honour AO and AC. As to G-G, AO and AC, for space reasons, 1964. I passed Literature that year. In 1966, I commenced poverty trap. Viz With or without a full stop is short writing as “a therapeutic outlet” and go to Google. “autobiographical stories” published in Law-Arts at Monash Law School. The rest is “history”. Punters Derisory colloquialism, aka for the Latin videlicet, and used as Cf Important demonstration of intellect (short for the Latin: Meanjin. Does he ever sleep? This pilgrim’s progress, in one sense, has been from great unwashed, hoi-polloi, a synonym for ‘namely’, ‘that is to confer/conferatur, both meaning “compare”). Use often in 2. See also F Kafka, The Trial, (1925); H Lee, literature to law and back again. ripped-off consumers, bank say’, ‘to wit’, or as follows. Essoign to secure your briefs. To Kill a Mockingbird (1960); H Garner, The Meanwhile, I perceive other “retirees”, at a similar age customers, party faithful, and VCCL aka Liberty Victoria. Fights for First Stone (1995). And see Peter Gray’s CLRs Record decisions of the High Court. See also, eg, VLR, and stage, sometimes floundering in a vacuum of too lawyers’ clients who, actually, pay your rights, silks often elected article in this issue. NSWLR, ALJR, SASR, LIJ, Bar News, etc. All increasingly much time and too little to do. Still, perhaps they’re right the bills. President (eg, Castan). Needs 3. See, eg, B Russell, In Praise of Idleness digitised, unavailable in hard copy so query how they are and I’m wrong. One must adopt a responsible attitude to QC Much classier than SC, donations, good for networking (1935) and, in more relaxed mode, R Dessaix, to remain read and readable. The Pleasures of Leisure (2017). doing nothing—a serious skill to be fostered and pursued presumably because of the letter and (pro bono) briefs.

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PETER HEEREY

eorge Orwell’s famous six rules for good writing advise us: G1. Never use a metaphor, simile, or other figure of speech which you are used to Peter Heerey AM QC reciting The Ballad of Briginshaw at King’s Inns, Dublin in June 2017 seeing in print. 2. Ne ver use a long word where a short one more honourable to breach than to question whether Jane was at the will do. follow. dinner. 3. If it is possible to cut a word out, always In any Olympic cliché contest today, “This is a custom which is more cut it out. “iconic” would be the unbackable honoured in the breach than the 4. Never use the passive where you can use gold medal favourite. observance.” So it is a good custom the active. Writing in the Age (18/1/18) Terry which, regrettably, is not much 5. Ne ver use a foreign phrase, a scientific Lane asks whether the following have followed. word, or a jargon word if you can think of anything in common: Airbus A380, The phrase comes from Act I an everyday English equivalent. Violet Crumble, Akubra hats, Ferrari, Scene iv of Hamlet. On a cold night, 6. Break any of these rules sooner than say Broome camels and Tchaikovsky? It Hamlet and Horatio are on a platform anything outright barbarous. seems that they are all “iconic”. This outside the castle at Elsinore. From is so despite the lack of any obvious The first rule is, of course, about inside the castle there are the sounds Cottage by the Sea is a non-profit, non-government, connection with Greek or Russian the cliché. Apart from their irritation of trumpets and a cannon firing Orthodox religious emblems. registered children’s charity in Queenscliff, Victoria, factor, one feature often found with off. Horatio asks Hamlet what this Are there any degrees of iconicism, clichés is that they convey an exactly means. Hamlet explains: supporting disadvantaged young people in a positive, so that something, or someone, might opposite meaning to that of their healthy, seaside environment. Our vision is that every The king doth wake to-night and takes be slightly, or marginally, or allegedly origin. his rouse, iconic, or even non-iconic? child deserves a happy and a healthy childhood. Some examples: Keeps wassail, and the swaggering Lane suggests that the iconic W S “During the by-election campaign, up-spring reels; Gilbert might have said in the iconic the Party Leader was missing in And, as he drains his draughts of Gondoliers, “When everything is We offer children and young people inspiration, fun action.” The writer wants us to Rhenish down, iconic then nothing is an icon.” understand that the Party Leader was and opportunity through diverse programs offered The kettle-drum and trumpet thus bray I discussed this conundrum with obviously absent from the campaign. out a friend Anon (a descendant of the in a wide range of environments. During their camp Yet the expression has its origin The triumph of his pledge. well known poet), who commented as experience, we provide opportunities for building in a military context. The person in Horatio asks “Is it a custom?” follows: question has not returned from battle. positive relationships with peers and adult role Hamlet replies: He must have been killed, wounded The use of adjective “iconic” Ay, marry, is’t models to help participants learn and grow. or captured. The assumption is that But to my mind, - though I am native Has spread like former plague Bubonic, he has been in the battle in the first here place. Applied with ruthlessness Teutonic. And to the manner born, - it is a Help us provide children with inspiration, fun and opportunity by donating “The Government’s plan begs the custom There’s surely need for some good tonic question where the money is going online at www.cottagebythesea.com.au or by calling (03) 5258 1663. More honour’d in the breach than the to come from.” So there is a question Expressed in style that’s quite laconic observance. which requires an answer. This heavy-headed revel east and west With undertones that seem ironic. However, in its origin, the Contact | www.cottagebythesea.com.au | 29 Flinders Street, Queenscliff, VIC 3225 | Makes us traduc’d and tax’d of other expression refers to an implicit No longer must we wait in vain nations; Ph: 03 5258 1663 | E: [email protected] | assumption underlying the question They clepe us drunkards … It’s been supplied by Terry Lane. eg “Did Jane wear her blue dress to Cottage by the Sea, Queenscliff Inc. is endorsed by the Australian Taxation Office as a Tax-Deductible Gift Recipient. the dinner last night?” This begs the So it is a bad custom, which it is Donations of $2 or more are tax-deductible.

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Vic Bar Mag Ad June A4.indd 1 7/06/2018 11:15 AM ADVERTISEMENT news and views news CommBar – Hong Kong 2018 International HONG KONG Commercial Law Conference International Commercial ollowing on from the highly successful Friday 21 September Saturday 22 London 2016 International Commercial 2018 September 2018 Law Conference (‘London2016ICLC’), HONG KONG HK2018ICLC Business HK2018ICLC Business Law Conference at which Chief Justice Warren and Lord Sessions – Four Seasons Sessions – Four Seasons Clarke were keynote speakers, on Friday Hotel, Central Hotel, Central 21 and Saturday 22 September 2018, 0930-1645 (Dress: Lounge 0930-1645 (Dress: Smart International Commercial CommBar in conjunction with members of the Hong Suit) Casual) Kong Bar will be conducting an international commercial F The Rise of the International Managing Big Data: Profits and law conference at the Four Seasons Hotel in Hong Kong 2018 Commercial Court (Plenary Privacy Law Conference (‘HK2018ICLC’). Session) Morning Tea The theme is ‘Wise Counsel: Litigation and Arbitration Morning Tea Modern Case-Management of in the Asia-Pacific Region’. There will be eight business After the Apocalypse: Re- Commercial Disputes (Plenary sessions addressing important areas of current interest to 21 & 22 SEPTEMBER regulation of the Banking and Session) 2018 commercial barristers and judges, and two social events Financial Services Industries Lunch to promote networking amongst conference delegates. Lunch Words Without Borders: The purpose of the event is to showcase to members Arbitration on the One-Belt, Defamation and the Internet of the legal profession and consumers of legal services 21 & 22 SEPTEMBER One-Road: Enforcement of Afternoon Tea throughout Australia and abroad, that Melbourne is Arbitral Awards in China The Bottom Line: The Value a centre of international excellence in the field of Afternoon Tea to Clients and Courts of the commercial dispute resolution, and to highlight the role of International Arbitration in a Independent Bars our judiciary and members of CommBar in contributing Tri-Polar World HK2018ICLC Drinks Reception to Victoria’s growing reputation as Australia’s premier HK2018ICLC Gala Dinner – - TBA (Dress: Smart Casual) legal state. China Club, Central (Dress: 1730-1930 Keynote speakers to date include: The Hon Justice Black Tie) Middleton of the Federal Court of Australia, The Hon 1900-2230 Mr Justice Geoffrey Poon of the Court of Appeal of the High Court of Hong Kong, The Hon Justice Riordan, Over 100 people are expected to attend, comprised of Principal Judge of the Commercial Court of the Supreme commercial judges and barristers, as well as solicitors Court of Victoria and The Hon Chief Judge Alstergren and in-house counsel, from Australia, Hong Kong and of the Federal Circuit Court of Australia, in addition England. To date, over 100 ‘expressions of interest’ to to a leading Chinese jurist (to be confirmed as at the attend have been received from members of the Victorian date of publication). Leading members of the Victorian Bar alone. The HK2018ICLC is also suitable for Victorian Bar and the Hong Kong Bar, as well as members of the CPD accreditation. English Commercial Bar will also be participating in the Another feature of the HK2018ICLC is the Young conference as speakers and panellists. CommBar speaking competition at which Counsel The social program (which partners of delegates are under five years’ call will compete for the opportunity welcome to attend) is to consist of a Gala Black Tie to participate in one of the business sessions of the Dinner at the renowned ‘China Club’ in central Hong conference. The winner will also receive free conference Kong on the evening of Friday 21 September 2018. The REGISTER NOW AT www.HK2018ICLC.com registration, and a return flight to Hong Kong. End-of-Conference Drinks Reception will be held on REGISTER NOW AT www.HK2018ICLC.com The subscription for the HK2018ICLC is very Saturday 22 September 2018, immediately after the final competitively priced: AUD$1,995 per delegate, inclusive business session of the conference. of all activities and catering; AUD$1,795 early bird rate, The business and social schedule over the two-day available until 30 June. conference is as follows: For more information about the HK2018ICLC and to register, visit: www.hk2018iclc.com

HONG KONG International Commercial 58 VBN Law Conference 2018 HONG KONG International Commercial VBN163-HK2018ICLC-FP-Resize.inddLaw Conference 1 15/6/18 9:45 am

2018 back of the lift OF OF THEliftBack THE liftBack construction of the Bass Highway Chinese banquet with his daughter high levels - who once returned In this Back of the lift section of the through a protected cultural Ingrid and wife Rose. I can say home having paid a visit to Mark and Victorian Bar News, the Bar acknowledges Adjourned Sine Die landscape in front of Hagley House. without fear of contradiction that family. “How did you go, Andrew?” the appointments, retirements, deaths and He opened with quotations from the table was both interesting I asked, to receive the reply “I other honours of past and present members a treatise on Roman roads, De and eclectic. like talking to uncle Mark; it’s like of our Bar. Architectura by Marcus Vitruvius, It is unnecessary for me to add dancing. You have to pay attention or Adjourned Sine Die 60 written in the first century before to the complimentary addresses you end up somewhere else”. Supreme Court Christ. This became the longest civil already given regarding his Honour’s I’m delighted, but entirely Supreme Court case in Tasmanian legal history. legal ability and achievements. The unsurprised to see that Mark is The Hon Peter Vickery QC VBN 60 After being appointed to the Trial independence and learning which returning as a reserve judge. Indeed, Court of Appeal The Hon Peter Vickery QC Division of the Supreme Court in Mark brought to both his profession the loss to the bench would be The Hon Mark Weinberg AO QC Bar Roll No. 1382 2008, he showed a Lord Denningesque and the benches upon which he sat is significant had he failed to do so. I MAX PERRY 61 penchant for writing engaging opening obvious. One need only pick up any hope he has more time for travel and County Court eter Vickery was educated at Melbourne Grammar, and paragraphs. An exemplar can be found volume of the Commonwealth Law reading – pursuits I know that he His Honour Michael McInerney DAVID MARTIN 61 graduated with a Bachelor of Laws from the University of in Namberry Craft v Watson [2011] VSC Reports or State Reports of the 1970s enjoys. Melbourne in 1971. He served articles with Hugh Graham 136: “‘Kahuna’ is a Hawaiian word onwards to realise the contribution I wish him and his family well in Silence All Stand 62 of Madden, Butler, Elder & Graham, and was admitted to practice Federal Court of Australia which can be used to describe a he has made. his retirement and hope to see more Pin August 1973. He was a foundation volunteer at the Fitzroy Legal ‘priest, sorcerer, magician, wizard, or His Honour has for many years of him. If Machiavelli will forgive The Hon Justice Simon Harry Peter Steward Service in his articles year, and remained so until 1980. EUGENE WHEELAHAN 62 expert in any profession’. ‘The Big reminded me that the Court of me, this is certainly one Prince I am After completing an MA at King’s College London he attended the Federal Court Circuit Kahuna’ in surfing language can be Appeal is assisted by trial counsel’s prepared to place my faith in. Hague Academy of International Law, and returned to Melbourne to traced back to the 1959 film Gidget, appearance in determining the MAX PERRY Her Honour Judge Caroline Kirton VBN 63 teach human rights law at Latrobe University from 1975 to 1977. He where the name was applied to the complex forensic matters which it Court of Appeal was called to the Bar in March 1978, and read primarily with the Hon leader of a group of surfers. Surfing is called upon to consider. I have for The Hon Justice Richard Michael Niall Michael Black (who had been his tutor in evidence law and moved his County Court GRAEME HILL 63 is a pleasurable pastime but it is well many years reminded his Honour admission), reading for his last month with Michael Dowling QC. He stocked with chance. Sandbars, rocks, that since the unfortunate counsel Supreme Court of Victoria was appointed secretary of the Ethics Committee at five years’ call. reefs, marine creatures and perhaps will undoubtedly be pinned to the His Honour Michael The Hon Justice John Champion He practised at the Bar for more than 30 years, just over 12 of HON JUSTICE LEX LASRY AM 64 above all, other surfers, combine wall by an observation that he or those years as Queen’s Counsel. He began at the Bar in challenging McInerney with the ever present challenges she made a tactical decision, I have The Hon Justice Michelle Quigley times in 1974. He emerged from what he once described as “the Bar Roll No. 1325 JENNIFER BATROUNEY QC 64 of unpredictable wave patterns. no wish to join the display. There, at age of want” into, as a junior, “the age of bondage” – thence into The Hon Justice Matthew Connock Considerations such as these, no least, we must agree to differ. t his Welcome in June “the age of Renaissance” when he took Silk. His Honour had a NATALIE HICKEY 65 doubt, also inspired adoption of What could be said is that you 1994, his Honour broad practice in commercial and administrative law, engineering, The Hon Justice Melinda Richards the name ‘The Big Kahuna’ by would always be assured of a remarked that he environmental and planning law, and human rights law. He also RACHEL DOYLE SC AND PETER ROZEN 65 certain syndicates of investors in courteous reception and reminded would work hard and assiduously as practised in arbitrations (such as the Collins Class Submarine County Court of Victoria the Australian lottery known as when appropriate that it is usually aA Judge of the County Court. That Arbitration) and in court-appointed references in his specialist area Her Honour Judge Patricia Riddell ‘Tattslotto.’” safer to start with your best promise was certainly fulfilled over of engineering and construction law. JENNIFER COWEN 66 One of his legacies to the Court points and limit the other ones to a remarkable period of more than During his time at the Bar he contributed to the broader Her Honour Judge Julie Condon ALEX WILSON 67 was establishing a specialist interesting mooting examples for 23 years when his Honour’s service community. He was a founding member and patron of the Butterfly Her Honour Judge Mandy Fox MINAL VOHRA SC 67 Technology, Engineering and trusting law students. to the court and the community Foundation (a charitable foundation that supports young Victorians Construction List in the Commercial He has also contributed for culminated with his retirement on his Transitions 68 with eating disorders). He was a member of the leadership council Court. We wish him well in his many years both academically 70th birthday on 7 November 2017. Felicity Marks’ VCAT appointment VBN 68 of Whitelion (a mentoring and employment program for young retirement. as well as teaching when his Michael signed the Bar Roll in people out of home care or in the youth justice system). He also VBN time commitments permitted. He September 1977, taking chambers Vale worked with the International Commission of Jurists, including Timothy Olsson Jacobs possesses a somewhat puckish on the eighth floor of Four Courts coordinating various governmental agencies to gather evidence THE HON JUSTICE MICHAEL McDONALD 68 sense of humour that is not always chambers, before moving to the 12th of crimes against humanity in East Timor. He was the ICJ Special Court of Appeal Brian Collis QC VBN 68 readily apparent to those who floor of Latham chambers when Rapporteur in relation to the situation of David Hicks, Guantanamo The Hon J Daryl Davies QC appear before him. His Honour is those chambers were first occupied Bay and the United States Military Commissions. LUCINDA LONGCROFT AND THE HON JUSTICE JENNIFER DAVIES 69 The Hon an excellent bridge player and I in 1979. When his leader fell ill the week before Re East; Ex parte Nguyen Robert Baxt AO DAVID SHAVIN QC 70 believe sensible enough to avoid Michael quickly developed a busy (1998) 196 CLR 354 was heard, he stepped into the breach and Mark Weinberg AO QC Richard Berian Phillips CAROLYN SPARKE QC 70 the obvious risks which exercise and varied practice, concentrating on appeared for a Vietnamese immigrant who claimed to have Bar Roll No. 1211 Brian James Bourke AM PATRICK TEHAN QC 71 tends to involve – a clear indication personal injury and criminal trials, as poor English, and who had been resentenced on the breach of a have had the pleasure and of a superior mind and fitness for well as undertaking liquor licensing Francis Anthony Trindade VBN 72 community-based order without the aid of an interpreter. He argued privilege of being a friend judicial office. work. His involvement in liquor The Hon Alec James Southwell QC VBN 72 that Mr Nguyen was denied the rights and protection arising from the of The Honourable Mark Mark’s wife Rose and I have in licensing work was the catalyst for Remembering Ninian Stephen International Convention on the Elimination of all Forms of Racial Weinberg for more years than either common a godson – a Chinese lad the formation of The Essoign Club JUSTICE CHRIS MAXWELL 73 Discrimination enacted into the Racial Discrimination Act 1975. ofI us would care to remember. I now aged 14, but I suspect the mental and the grant to it of a liquor licence. In the State of Tasmania v Leighton Contractors Pty Ltd Bar Readers 74 have managed to coax him out for a age of 80 and an IQ of depressingly Michael was instrumental in the litigation, his Honour represented Tasmania in the case about the

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formation and initial operation of The The Bar congratulates his Honour ensure that every possible avenue of Consistent themes do emerge: equality, Essoign Club—a feat recognised and on a long and successful judicial inquiry was closed off. This fastidious Federal Court Circuit diversity, helping those with fewer Court of Appeal acknowledged in 2017 by his being career and wishes him well for his preparation, coupled with a natural opportunities, and helping everyone back of the lift back awarded life membership of the Club. eventual retirement. flair for advocacy and presence in the Her Honour Judge do better work. Her Honour draws the The Hon Justice As a Judge, his Honour initially DAVID MARTIN courtroom, would manifest itself in a important distinction between equality presided over civil trials and serious masterful performance. His Honour Caroline Kirton on the one hand, and diversity and Richard Michael Niall injury applications but, within a would capture the attention of the Bar Roll No. 2568 inclusion on the other. She hastens to Bar Roll No. 2966 short time, he became embroiled in bench and was able to persuade. add that this does not mean equality, udge Kirton completed a ustice Niall was appointed the intricacies of difficult complex Silence all However, his Honour’s talents and in particular gender equality, degree in Law and Arts, to the Court of Appeal on criminal cases. One of those cases extend beyond the practice of law. has been achieved. But her Honour stand with Honours in Mandarin, 28 November 2017, after a stands out—a case concerning a His Honour is also somewhat of a believes that we must also focus on atJ the University of Melbourne. At littleJ over two years as the Solicitor- criminal charge of slavery where his “Renaissance Man”. He loves art, greater inclusion based on other the time, her Honour had half an General for Victoria. He came to Honour was called upon to consider music and history, and is an avid characteristics, including ethnicity, eye on joining the foreign service. the Bar in 1995 and was appointed a wide range of submissions on collector of antiques and fine works LGBTIQ status, and other measures Federal Court of Instead she chose the law, denying Senior Counsel in 2010. previously unexplored questions of art. His Honour is reputedly a of diversity. the Australian people, and perhaps His Honour had a distinguished of law; his Honour’s charge and Australia talented painter himself and has Judge Kirton has also been an the people of Beijing, the chance career at the Bar as one of Australia’s directions of law were upheld by the collaborated on works with his wife, advocacy instructor for the Australian to engage in a career which former leading public lawyers. His practice High Court. Anne, who shares his love of art. Advocacy Institute, the Australian The Hon Justice Simon UN secretary-general Kofi Annan ranged broadly over constitutional It was said at his welcome that His Honour is a ferocious reader Bar Association and the Bar Readers’ once described as “problems without law, migration law, industrial law, one of his Honour’s great attributes Harry Peter Steward and his knowledge of history is course. Advocacy work has taken passports”. She also completed a customs, environmental protection was his ability to establish a rapport Bar Roll No. 3324 truly encyclopaedic. It extends to her abroad, to Papua New Guinea, Master of Laws at Monash University. and anti-discrimination law. He with a wide variety of people. This Roman, British and US history, but Samoa and, perhaps most notably, to ustice Steward has been at Her Honour began life as a acted for asylum seekers and for continued over his long period of his favourite subject is military Bangladesh, where she was mobbed the spearhead of the practice practitioner at Phillips Fox, now governments, for unions and for judicial office. He was a member history. His Honour is able to because of her blonde hair. The locals of revenue law for the past DLA Piper, where she worked under employers, for environmental groups of countless committees during his describe historical events with great either believed she was Princess Diana twoJ decades. As a junior, his Honour Michael Salter. After little more than and for police officers. He and Debbie time on the Bench and he continued flair, giving life to the characters Spencer, or found her a sufficiently appeared regularly in the High Court a year, she was off, working briefly for Mortimer (now Justice Mortimer of his very active involvement with a and imparting incredible detail. His good facsimile to merit the attention. with the likes of David Bloom, the firms in Mount Isa and Hervey Bay. the Federal Court) were a formidable number of charitable organisations, Honour’s love of historical characters As a mark of her commitment to late Brian Shaw, Michelle Gordon, She came to the Bar in September double act. including being chair of the St. Kilda has made him a great student of advocacy training in our region, she Tony Pagone and Alan Archibald in 1990, reading with Peter Murdoch and Justice Niall was always looking Mission and a board member of people. This attribute will serve him took on two readers from Papua landmark tax cases such as Linter Andrew Panna, now both QCs. Her for new challenges. In recent years Mercy Health. well as a judge. New Guinea. Textiles, Stone, Citylink, McNeil, Honour took silk in 2011. he began running and has completed Michael demonstrated His Honour is known by those Her Honour is known for her Bluebottle and Carpenter. His Honour Much of her practice focused on a marathon. Shortly before his outstanding leadership of the around him for his work ethic, enormous capacity for hard work. took silk at a mere 10 years’ calling. matters to do with large construction appointment as Solicitor-General, court when his Honour Chief integrity, duty of service and Her professional, and professional From that time, he has appeared projects, which she downplayed, his Honour was developing a side- Judge Rozenes became ill, leading generosity of spirit. His Honour extracurricular, commitments account in too many significant cases to describing the work as “not very line in patents cases, often in the to his appointment as Acting Chief has always made himself available in large measure for her jammed mention. His Honour leaves the Bar interesting”. But the breadth of High Court. Judge. His wise counsel to other to others who have sought his schedule. So too, does her hands-on as a pre-eminent leader in his field. expertise she gained from acting in Justice Niall is knowledgeable in members of the court enabled the assistance. As president of the Tax commitment to two teenage daughters His Honour acquired his love of complex litigation of such significance many fields but wears his learning court to function effectively Bar Association, his Honour worked and a son in his early 20s. He may now tax law whilst on rotation under as the construction of Southern Cross lightly. He was extremely adept at and efficiently during very hard to secure work for junior be more independent, but otherwise articles at Mallesons Stephen Station cannot be minimised. persuasion, whether that meant difficult times. members of our Bar interested in her Honour is engaged in attending a Jaques, having graduated from Her Honour also has experience in making a strong argument irresistible His Honour’s outlook on life has practising in the area. His Honour whirlwind of ballet and other classes. the University of Melbourne with the practice of family law, something or (more commonly for his pro always been extremely positive. That has also, for almost 10 years, lectured Her Honour loves to travel and a Bachelor of Laws with First which will certainly serve her well bono clients) making an ambitious outlook will hopefully enable him in tax litigation at the University to engage in pursuits well removed Class Honours—where he won a in her new role. And she was much argument seem not only possible but to enjoy a long, happy and healthy of Melbourne, training those from the law, like reading and going number of Exhibitions, including in sought after as a mediator and natural. He was equally compelling retirement. In the meantime, coming through the ranks, and has to the theatre and the opera. She is philosophy and history. His Honour arbitrator. Her Honour has even before the Full Court of the High his Honour continues to sit as a contributed to the industry more super smart, remarkably poised under quickly rose through the ranks of achieved the unusual feat of combining Court as before a member of an Reserve Judge. generally by speaking regularly at pressure, and generous with her MSJ to become senior associate, in the one matter mediation, administrative tribunal. Over a long career as a barrister events organised by the Tax Institute time as a mentor, especially of young acquiring the prescient epithet arbitration, construction and His Honour was generous with his and judge, Michael has rightly earned of Australia. women. There is no doubt about her “your honour”. family law. time, mentoring almost a cricket team a reputation for fairness and integrity. The Federal Court will benefit capacity to juggle all her interests, her As an advocate, his Honour was Another stand out feature of Judge of readers and continuing to provide His stated intention, at the time of tremendously from his Honour’s skill, new job, and her sincerely held beliefs known for his thorough preparation. Kirton’s career is the sheer volume of them with support and guidance after his appointment of “providing the intellect, diligence and commitment in a better future for all. His juniors were often called upon committee and other appointments their reading period. His Honour profession and litigants with respect to duty. Meanwhile, the Bar is left She is now in a great position to to chase the smallest of rabbits in aid to or enhancement of the loved nothing more than to test the and justice” has been well and with a gaping hole. achieve all that and more. down the longest of burrows to profession, particularly at the Bar. arguments in his upcoming cases truly fulfilled. EUGENE WHEELAHAN VBN

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through discussion with colleagues Bob Vernon, who appeared for one Sunshine at the dawn of the 60s to a love of the Cats and their superstar It took time before I realised In his time at the Bar, his Honour’s in chambers. Not for him preparation of three accused. Vernon branded recently migrated Kiwi carpenter and “Lingy” and oh, her husband, Hugh, Matt had his own background with name was associated with significant in the silence of an undiscovered tomb. us Jaws 1 and Jaws 2, which was all a florist from Geelong, her Honour and son, Darcy. Mallesons, as both an articled clerk commercial cases. These included back of the lift back Counsel in his Honour’s court may find very funny until I started humming trail-blazed her path to the Court, Justice Quigley was a cherished and a solicitor. He met his wife, Susie, the Caterpillar case, the Oswald case that oral argument will be searching the theme from the movie—at which while giving freely to those in need member of the Bar as a mentor and when she worked at the firm as a and the C7 case. One of his last briefs and wide-ranging. His wide experience point John lost his composure and along the way. role model. She has been a positive summer clerk. He came to the Bar was acting for David Warner of the will allow his Honour to bring a fresh Bob lost his temper. Her Honour’s secondary education force for equality of the law and in in 1993, reading with Peter Bick, Australian cricket team, with respect perspective on many a legal issue. His In the mid-1990s, we were briefed was at Altona North High School and the law. We will miss her but wish now QC. to the very public ‘ball tampering Honour loved court craft and the nuts by the Commonwealth to prosecute then at Geelong College, where she her well in her continued service to His father-in-law was the late, saga’ in South Africa. His Honour was and bolts of bringing a case to hearing, a significant tax fraud in the ACT was in the first year of girls enrolled the community as a justice of the fondly remembered Mallesons typically circumspect about his role and has already heard and determined Supreme Court. We spent a long time in the senior school—one of seven Supreme Court of Victoria. litigation partner David Wells. At his (not so much the front page of some matters at first instance. together, including shopping together girls in a class of 133. Undaunted, JENNIFER BATROUNEY QC Honour’s welcome, Dr Matt Collins The Age). His Honour is and will continue to in the local supermarket, much to her Honour was appointed a prefect, QC recalled that, after a member Susie and Matt have three boys to be greatly missed as a colleague. The his embarrassment. It was during rowed in the first four and played in The Hon Justice of counsel was jammed at the last whom they are dedicated. Sailing, Bar wishes him all the best for the next that case, over numerous beverages the first softball team. Matthew Connock minute and unable to move his skiing and other sporting interests stage in his career. in the Ansett Golden Wing lounge, It was a hop, step and jump to the admission, Matt (Collins) went to continue to be pursued with vigour. Bar Roll No. 2837 that we both asserted we could play Bar: university while at Ormond see David in a panic. David calmed It is now time for the next GRAEME HILL musical instruments. So began the College, articles at Holding Redlich met Matt Connock when he him down saying, “don’t worry, my challenge. Victorian Bar News wishes Lex Pistols. and then, after a year as a solicitor, was a junior barrister briefed daughter’s partner has just gone to his Honour the very best Supreme Court of I am very pleased for John and straight to the Bar, reading with by Alex Wolff in the long- the Bar. I’ll ask him.” He then paused as a member of the judiciary. for the Court on his appointment. Tony Southall and John Karkar running Silverton case, arising from before adding, “I don’t think he’s a Victoria NATALIE HICKEY His career at the Bar is marked (both now QC). theI collapsed Silverton building in dud.” with achievement, particularly after From then, both her Honour’s Canberra. Alex was then a solicitor at Matt Connock’s professional The Hon Justice The Hon Justice his appointment as silk in 2003. community service and her planning Mallesons Stephen Jaques. Alex was journey is intrinsically tied to his John Champion Those achievements have been well law practice flourished. By way of my colleague and friend, and would friendships. Melinda Richards catalogued in the welcome speeches example, her Honour served on Bar tell me how good Matt was to work Matt’s friendship with Philip Bar Roll No. 3057 Bar Roll No. 1349 and include his time as in-house Council for two three-year stints. She with. Crutchfield QC started when er Honour obtained ecause we are friends, as counsel for the Commonwealth chaired the Equality and Diversity Alex surrounds himself with the they were both articled clerks at degrees in Law and well as colleagues, I had DPP for a number of years, during Committee and the Commercial Bar very best people professionally. Mallesons. They worked in London Arts at Melbourne hoped that John Champion which time he and Lex Pistols bass Association Environmental Planning They also need to hold their end at the same firm, Cameron Markby University. She was employed at would be appointed a judge of the player Michael Cahill SC prosecuted and Local Government Committee; up socially. Matt hit the mark on Hewitt. They found themselves HHolding Redlich from 1990 to 1996, BSupreme Court before my retirement, the huge Pong Su drug trial before and was a founding member of the both fronts. Alex closely guarded sharing rooms on the same floor progressing through the ranks of which is imminent. He made it. Kellam J. Women Barristers’ Association. his professional and personal at Joan Rosanove Chambers for law clerk, articled clerk and solicitor. His Honour’s appointment was His six years as the Victorian Her Honour also contributed to the relationship with Matt, and it took many years after an early stint in During that time, her Honour worked announced in December 2017 and Director of Public Prosecutions community of Geelong, where she time before I could discover what all Owen Dixon West. They then moved on the public interest litigation he was assigned as a member of the came at a time when stability was was appointed Chair of the Geelong the fuss was about. together to level 23, Owen Dixon that resulted in the re-opening of Criminal Division of the Court. When required in that office. He provided Performing Arts Centre Trust and Working with Matt was a privilege West, his Honour’s most recent home Northland Secondary College, a he asked me, as Principal Judge prosecutorial experience and stability, served for years on the Geelong and a pleasure. He is personable before his appointment. Matt was school which provided a specialist of the Division, what he should do and fostered innovation. College Council. Closer to home, and fun, smart and kind to junior also Philip’s successor as chair of the Koori programme. now, I told him to go on holidays. He His Honour’s career, empathy and she also taught at the University solicitors, and has a clarity of thought Commercial Bar Association (held Her Honour came to the Bar in immediately complied. strong personal and professional of Melbourne in various planning- that makes you realise why he is Matt simultaneously with roles such as 1996, reading with Susan Cohen, now I first met John in the 1980s when ethics make him ideal for the judicial related courses for 13 years. Connock and you’re not. chair of List A Barristers). Judge Cohen of the County Court. briefed by the Victorian DPP to role to which he has been appointed. Throughout her career at the He also had an encyclopaedic Matt’s days at Baker & McKenzie Her Honour’s main areas of prosecute a drug trial. I barely knew I respectfully congratulate him. Bar, her Honour has shouldered number of precedents for every also led to enduring friendships practice in her early years at the Bar who he was. But he ‘came with the HON JUSTICE LEX LASRY AM the burden of many massive trials occasion. He generously shared them with, amongst others, James Elliott were industrial and employment law, brief’ as my junior, and I suspect with expertise, enthusiasm and with those learning their trade, and (now his Honour) and Nick Hopkins equal opportunity and human rights, that was because I succeeded The Hon Justice professionalism. Examples include in doing so illustrated the importance (now QC). After joining the Bar, public law, inquiries and disciplinary Graeme Morrish QC in the trial. her years of work in the Casey of thinking things through and being they shared chambers, and were a Michelle Quigley tribunals. Later, her Honour’s practice John read with Graeme and they landfill gas case, many wind farm prepared. He was a natural to chair well-known triumvirate for their Bar Roll No. 2227 expanded to include personal injuries had a high regard for each other. I cases in the Ballarat district, as well the Readers’ course more recently, social and professional endeavours. work, mainly in relation to asbestos, soon discovered a slightly reserved, ustice Michelle Quigley is the as many successful pro bono cases and did so with his customary With the Wellbeing at the Victorian medical negligence and sexual abuse conscientious and impeccably fair quintessential all-rounder who such as the Abbotsford Convent case teaching flair. That he had seven Bar Survey front of mind as this matters. She was also frequently barrister who rarely, if ever, lost his is up for any challenge sent and the Newport Women’s Housing readers before being appointed issue of Bar News goes to print, briefed by government in equal cool. In the trial however, he was herJ way. It was no surprise then, that development matter. Senior Counsel in 2006 exemplifies it is interesting to reflect on the opportunity, freedom of information put to the test because we were she was appointed to the Supreme No mention of her Honour would his interest in and aptitude for importance of these ties that bind in and privacy cases. taunted constantly by the legendary Court in December 2017. Born in be complete without reference to her imparting his knowledge. a challenging work environment.

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In 2000, her Honour was briefed University of Melbourne Law School focussed. Clients appreciated her Her Honour Judge and challenging times as a lawyer. In in November 1997 and was appointed as junior counsel to Jack Rush QC and in 2017 she taught the Master’s tough advocacy, combined with her 2002, she returned to the Victorian silk in November 2016. One of her and Mark Dreyfus QC in the Cubillo subject Royal Commissions and engaging humanity and her kindness Julie Condon Bar and re-signed the Bar Roll. Honour’s first briefs was as junior to back of the lift back “Stolen Generations” case and on Public Inquiries. and empathy when interviewing Bar Roll No. 3126 The next adventure was only around Stephen Kaye QC, now Justice Kaye of appeal. The proceedings are widely Despite her prodigious appetite witnesses. the corner and in 2006 she travelled the Appeal Court, in the long-running n 12 December 2017, Julie credited with contributing to the for work, her Honour has been a Judge Riddell gradually developed to The Hague to appear as a defence Linton bushfire inquest. I shared Condon was appointed to impetus for the apology to the stolen firm believer in maintaining work/ a civil practice alongside her advocate at the International Criminal chambers with her Honour at that time. the County Court of Victoria. generations, ultimately delivered life balance. Most Januarys she can successful criminal practice. She Tribunal for the Former Yugoslavia. The logistical challenge of keeping on Twelve days earlier, her Honour was in the Commonwealth Parliament be found at Balnarring or Point Leo became a much sought after Upon returning to the Victorian top of the mountains of evidence and Ositting in one of Cambodia’s worst in 2008. beach with her partner, Tony, and her barrister in medical negligence trials, Bar in 2009, her Honour established technical data in that case was handled prisons, visiting an Australian woman In 2009, her Honour was one of the children Robbie and Emma. coronial inquests and professional a formidable reputation as an with her usual efficiency and skill, with serving 23 years’ imprisonment for junior counsel assisting the Victorian Throughout her time at the Bar, disciplinary proceedings. One niche advocate of the highest quality: brave, hours spent each evening preparing her involvement in a drug importation. Bushfires Royal Commission, a her Honour shared chambers with practice which developed involved eloquent, passionate and tough. evidence summaries to assist her Legal visits afford no special rights or team comprising Jack Rush QC, Rachel Doyle SC and Peter Rozen. RSPCA prosecutions regarding In 2014, her Honour travelled to leader. Her Honour soon found herself private areas to confer. Starving and Rachel Doyle SC, Stephen Donoghue Her Honour was a great contributor mistreated animals. This occasioned the infamous Execution Island, Nusa representing two of the firefighters at sick stray dogs appear to have the only QC, Lisa Nichols QC and Peter to chambers life and will be greatly many trips to courthouses in country Kambangan, in Indonesia to assist the inquest independently. Her Honour entitlement of freedom as they wander Rozen, instructed by a team from missed by Castan Chambers, Victoria, where Judge Riddell’s Nigerian man Humphrey Jefferson was not daunted as the most junior in and out of the main prison gate and Corrs, headed by Val Gostencnik Level 11. instructing solicitor would book hotel Ejike Eleweke (Jeff). Jeff was executed member and only female at the Bar into the visitors’ area, foraging for food. (now Deputy President, Fair Work Her Honour has a temperament rooms under the names ‘Thelma and in July 2016 despite an appeal for table and represented her clients with The conditions of detention have to Commission). Her Honour’s forensic well suited to her new role: Louise’. clemency still awaiting determination. skill and vigour. be seen to be believed. This was one skills and capacity to simplify difficult measured, considered, thoughtful and Judge Riddell read with David In 2016, her Honour acted for John Dr Collins QC spoke on behalf of of many pro bono cases her Honour planning law regimes were highly always willing to work hard, keeping Beach, now Supreme Court Justice Torney, charged with the murder the Bar. As junior barristers, he and undertook during her career at the Bar valued. Most important though, was an open mind and an open heart. of Appeal, as one of a series of of toddler Nikki Coslovich. Her her Honour spent months together and this would be her Honour’s last her Honour’s calm and empathetic RACHEL DOYLE SC AND PETER ROZEN overlapping “Beach babies” vying for Honour’s cross-examination of one of collating discovery for a defendant prison visit. approach towards grieving witnesses. desk space in Justice Beach’s then the main prosecution witnesses was in a class action in a porta cabin at Judge Condon completed her Her Honour was appointed Senior chambers. noted widely in the legal community their client’s factory in Moorabbin. County Court of education at Fintona Girls’ School Counsel in 2013. Her Honour had five readers and ultimately Mr Torney was Such experiences form lasting bonds in 1987 and undertook a Bachelor Her Honour had to draw on many Victoria of her own. Before her elevation acquitted. Her Honour was appointed between the captives. As with all of Arts and Law at the University of of her personal qualities when, in to the Bench, she had become so Senior Counsel later that year. people who have worked or spent Melbourne, completing the latter with 2014, she was appointed counsel sought after as a mentor that she The community will be well time with her Honour, he spoke of Her Honour Judge Honours. She went on to undertake a assisting the Hazelwood Mine Fire had her own overlapping readers in served by her Honour’s experience, her humour, courtesy, intellect and Masters of Law at Monash University. Inquiry, leading Peter Rozen. Working Patricia Riddell chambers. Judge Riddell’s empathy, compassion and inherent sense of genuine interest in other people. Admitted to practice in 1994, with a small team in cramped Bar Roll No. 3091 wisdom, approachability and warmth fairness and social justice. Such qualities make her eminently following articles at Clayton premises in the Latrobe Valley, were greatly valued by her readers. ALEX WILSON suitable to the Bench. ompassion, integrity and an eye Utz, Judge Condon worked as an her Honour ensured that no stone Judge Riddell has been involved in Her Honour’s work on circuit and for identifying the killer point— employee solicitor at Clayton Utz was left unturned in the Inquiry’s many aspects of life at the Bar. She Her Honour Judge with many leaders of the Criminal all attributes that have made and Corrs Chambers Westgarth. Her search for answers about the causes has served as a committee member Bar was the focus of Ms Wilson’s CJudge Patricia (Trish) Riddell an career as a commercial lawyer was Mandy Fox of the fire that had devastated the and treasurer of the Criminal Bar speech on behalf of the LIV. Her outstanding advocate and will stand cut short when she took a position Bar Roll No. 3154 population of Morwell in February Association, on the Equality and Honour has many loyal instructing her in excellent stead as a judge of as Associate to the Honourable John 2014. Her Honour worked closely Diversity Committee, as an advocacy t’s not often a Court gets to solicitors, who have briefed her since the County Court. Coldrey, then a judge of the Supreme with a multi-disciplined team to instructor in the Bar readers’ course welcome back one of its own, she first came to the Bar. Judge Riddell set her sights on the Court. After two years as Justice assist the Inquiry to produce a report, and played in the Bar hockey team. but at the ceremonial sitting to Her Honour spoke in reply of criminal bar early. She completed Coldrey’s Associate, her life practising recommendations of which were fully Beyond the Bar, her Honour has welcome Judge Mandy Fox to the her family and the support and articles with Galbally & O’Bryan exclusively in criminal law was about implemented by government. long been involved in supporting CountyI Court Bench on 17 May 2018, encouragement always provided to and launched herself into the Bar to begin. She read with Terry Forrest, In April 2015, her Honour was social causes—in ways ranging that is what occurred. In front of a her by her parents and sisters. Her readers’ course within just over a later QC, now Justice Forrest of the appointed Crown Counsel for from fundraising pub crawls packed court room, her Honour was partner was also present and their year of being admitted to practice. Supreme Court, and signed the Bar Victoria. She advised on and to involvement with the Cystic welcomed back to the Court where mutual love of skiing will no doubt Her Honour won an acquittal for Roll in May 1997. appeared in diverse matters, with Fibrosis Association of Victoria, she had once worked as an associate. keep her Honour fit and prepared her client in her first criminal jury Her Honour’s strong sense of a particular focus on the Charter of an organisation founded by Judge Retired judge Jim Duggan watched for a work life now spent sitting. Her trial, which she ran while still within social justice drove her to many far Human Rights and Responsibilities Act Riddell’s parents. proudly from the jury box as his one Honour paid special tribute to the her reading period. off places. In 1999, her Honour took 2006 and participated in two major Judge Riddell’s breadth of -time associate was herself welcomed late Brian Bourke as her criminal law As a barrister, Judge Riddell has leave from the Victorian Bar to work policy reviews: the 2015 Review of experience, intellect and outstanding as a judge. mentor in her early years. been admired for her meticulous at the Aboriginal Legal Service in the Charter and the 2016 Access to character will make her a Her Honour brings a wealth of The appointment of her Honour is preparation, along with her ability to Katherine, Northern Territory. Her Justice Review. tremendous asset to the Court. relevant experience to the Bench. a loss to the Bar but a very welcome strategise and to distil the key point, Honour describes this part of her Since 2015, her Honour has held JENNIFER COWEN After working for two years as Judge addition to the County Court Bench. and to remain tranquil and keenly career as one of the most rewarding the position of Senior Fellow at the Duggan’s associate she came to the Bar MINAL VOHRA SC

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industrial/ employment law. He was a Brian Collis QC the only successful plaintiff. In the Daryl signed the Bar Roll in 1956, brought to issues in dispute and the Transitions talented and tenacious advocate with later years of his career, Brian largely reading with Keith Aickin, later Sir balance he displayed in the exercise a prodigious work ethic. Bar Roll No. 839 confined his practice to appearing in Keith Aickin. In his first seven years, of his judgement in deciding those back of the lift back He appeared in many significant serious injury cases. he achieved oft-noted success as issues”. ith the death of Brian Collis cases in the fields of discrimination, Brian had eight readers and took plaintiff’s counsel in County Court In 1998, Daryl retired from the QC on 29 March 2018, employment and industrial law. silk in 1992. He remained on the list jury trials. But his interest in tax Federal Court but not from judicial following complications Notwithstanding the hard-fought of practising counsel and achieved 50 law led him in 1963 to take up the life, as he continued to serve as an Felicity Marks’ VCAT from an elective surgical procedure, nature of industrial relations years’ membership of the Bar shortly position as chairman of the Taxation acting or additional judge in the appointment Wthe Bar has lost one of its living litigation, Tim was universally held before his death. Board of Review. He returned to the Supreme Court of the ACT, the legends (2012). Brian was born Bar Roll No. 3829 in the highest regard by both those Brian sat as chairman of the VFA Bar in 1971 and took silk in 1972. Supreme Court of NSW and the in Foster on 8 October 1943 and he worked with and those he was Tribunal from 1978 to 1993, before Daryl was elected to the Bar Court of Appeal of Fiji. n 5 March 2018, Felicity Marks subsequently, attended St Joseph’s opposed to. He was a committee sitting on the AFL Tribunal from 1996 Council in 1975, and began a In January 2004, Daryl was commenced her new role at College Geelong with future judges member of the Industrial Bar until 2004, including seven years remarkable period of service to the appointed as special counsel to the VCAT as a full-time member. Bernard Bongiorno AO QC and Association for nine years, including as chairman. From 2005, Brian was Bar. During an era of serious political Australian Taxation Office, providing She had been at the Bar for 12 years, Roland Williams QC. three years as secretary. vice-chairman of the AFL Appeals and administrative challenges to the advice and assistance on issues of Opractising predominantly in the At school, Brian was nicknamed In mid-2014, Tim was Board, hearing his last case a matter of institution, he served honourably policy and administration of the tax areas of commercial and technology “Stick”, and this name followed him diagnosed with advanced days before his death. Brian was a life as a member of the Bar Council and system. It was not until June 2010 that law, as well as consumer law. Before through his law course at Melbourne bowel and liver cancer. He member of the AFL and was awarded its executive committee, he chaired he finally retired his wig and gown. joining the Victorian Bar, Felicity University, where he was a resident immediately underwent radical the Australian Sports Medal in 2001. the applications review committee, As a talented and dedicated lawyer was a partner at Phillips Fox (now at Newman College, and thereafter surgery followed by prolonged He was involved in a number of other the reading & lectures committee, and judge, Daryl contributed materially DLA Piper) in the then Intellectual to the Bar. Brian signed the Bar Roll chemotherapy. That he survived for disciplinary sports tribunals, including the causes practice committee, the to the development of both law and Property, Technology and Trade in March 1968, reading with future a further three-and-a-half years is membership of the Court of Arbitration special committee on Supreme lawyers in Australia. Many a barrister Practices group. Attorney-General Haddon Storey AM testament to his strength of character. for Sport, appeals consultant to the Court delays, and the special and associate benefited from his dry VBN QC. That strength was born of his deep Australian Olympic Committee, various accommodation committee. and searching queries. He steadily Brian practised in both crime and love of his wife and two daughters appointments with Tennis Australia In the midst, in 1976, he was ascended mountains both literally and common law the length and breadth and his determination to maximise and Foundation chairman of the appointed to conduct an enquiry into figuratively and inspired those around of the State in his early years. From Vale the time he had available to spend Harness Racing Victoria Appeals & the liquor industry in Victoria. (In him to give of their best. the 1980s, he practised almost with them. Throughout the period Disciplinary Board. later life, he appreciated the finesse An injury to his vocal chords exclusively in common law, both in of his illness, he maintained close Brian’s own sporting prowess lay of a well-aged single malt.) occasioned during a bushwalk in Melbourne, where he commanded relations with his many friends at the in tennis, having played in the Linton Daryl’s judicial life commenced his early 20s had gifted him with a substantial practice, and on the Bar, particularly those with whom he Cup for Royal South Yarra Tennis in 1978 with his appointments a reserved voice that softened but Gippsland circuits at Sale and had shared chambers on Level 22 of Club and socially for the remainder to the Federal Court of Australia, did little to mute his rapier wit and Timothy Olsson Jacobs Bairnsdale, where his hallmark as Aickin Chambers. of his life. the Supreme Court of the ACT fine humour. His energy was quiet, a noted bon vivant resounded over Bar Roll No. 3281 As was evident at his memorial Brian leaves behind him Margaret, and as Deputy President of the focused and seemingly boundless. many years, as did his renditions of service in early March, football a former member of the Bar, and his Administrative Appeals Tribunal. The Together with the practice of im Jacobs died on 27 February “The Balls of O’Leary”. played an important part in Tim’s life. daughter Andrea, formerly a solicitor, following year he took over from Sir law, Daryl’s passion for camping, 2018. Tim was educated at In 1984, Seabrook Chambers was He was a passionate Collingwood now farming in the western district Gerard Brennan as President of the bushwalking and golf was a constant Melbourne High School established as a privately-owned supporter. By nature Tim was a calm and mother to Brian’s grandson, Tribunal. Their presidencies in the throughout his life. where he achieved outstanding VCE set of chambers and Brian was head and reserved individual. However, Henry. His son David predeceased formative years of the Tribunal are As was his wife, Jeanne, who was his Tresults. He graduated from Monash of those chambers for many years. these traits were abandoned him in 1993. acknowledged and recognised for the true companion in life. They met at the University (BA LLB) (Hons) in Seabrook Chambers was noted for wherever the Collingwood Football VBN contribution each of them made to age of 14, and each enriched the other’s 1994 and served articles with Kerry hospitality to the broader Bar and Club was concerned. In his youth Tim development of the jurisprudence in life through a close and enduring Duncan at Minter Ellison. Tim was Bench. Amongst notable social events was an excellent footballer. He played The Hon J Daryl administrative law in Australia. Sir marriage that was central to Daryl’s admitted to practice in April 1996 was the annual Grand Final lunch 120 senior games with the Olinda Gerard became one of Daryl’s closest personal and professional success. and remained at Minter Ellison as a at which Brian frequently was able Davies QC Ferny Creek Football Club and was friends. Daryl’s children are his ilk, and his solicitor for another year. to arrange for the AFL Premiership Bar Roll No. 538 the senior team best and fairest Daryl’s contributions to the law grandchildren, whom he numbered Tim had a burning ambition to be Cup—to be awarded the following winner in 1993. he Hon John Daryl Davies were many and significant, in and classified for ready reference, are a barrister. He worked as Associate day—to make an appearance. During the last few years of his QC served the Bar and Bench particular in the development of his proud legacy. to Olney J in the Federal Court of Brian’s cases included such life, Tim took on the role as coach with remarkable distinction. taxation and administrative law. His Honour, Daryl, will be Australia for 18 months before leading authorities as Kondis v State of his daughter’s football team. His death on 19 November 2017, On the occasion on which he was remembered with gratitude, great undertaking the March 1999 Bar Transport Authority (1984) 154 CLR He embraced this task with zeal, Tat the age of 88, gives us pause to bestowed with the Graham Hill esteem and affection for his readers’ course. He joined Foley’s 672, concerning the non-delegable coaching the team to two grand finals. remember: for the legal profession he Award, it was noted that from his extraordinary contributions and the List and read with Michael McDonald nature of an employer’s duty of Tim is survived by his wife, Bec, served with honour and integrity and judgments one could “appreciate the pleasure and measure with which he (later QC, now Supreme Court Judge). care, and the seminal serious injury and daughters Abbey and Hannah. for his many friends, his beloved wife intellect he brought to bear in the made them. Within a very short time, Tim had decision of Humphries v Poljak [1992] THE HON JUSTICE MCDONALD Jeanne, and the family of which he areas of taxation and administrative LUCINDA LONGCROFT established a thriving practice in 2 VR 129, in which Brian represented was so proud. law, the measured response he AND THE HON JUSTICE JENNIFER DAVIES

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Robert Baxt AO From 1972, Bob published numerous the sense that he was keen to create tragedy occurred. Undeterred by air illness, it was not to be. he co-authored, with Senator Alan books on business, corporations and a social life of the Bar. He was a travel being shut down across the His funeral was attended by a Missen, “The Australian Debater”. Bar Roll No. 886 associations, trusts, taxation and key mover behind social events in world, he and a few others persisted wide range of friends, and by a large In 1958 Brian travelled extensively back of the lift back securities law; and he was the editor chambers and a dinner each year for and managed to make their way to a number of members of the profession, throughout Europe, England, the rofessor Robert (Bob) of the Companies & Securities Law various members of the Probate Bar. legal conference, followed by travel including the judiciary, showing the United States and Central America. He Baxt AO died on 12 March Journal from 1992 and, from 1975, was He was a regular for coffee and at the up the western Canadian coast. He respect in which he was held. enjoyed telling how, on a plane from 2018 at the age of 79. a founding editor of the Australian Essoign Club on a Friday evening. (His travelled to a number of unusual Richard leaves behind him Ingrid, Cuba to America, he met and dined Throughout a career in the law Business Law Review. He was chairman devotion to Ingrid after he married countries, entertaining himself and her children Alistair, Courtney and with Ernest Hemingway.4 Pspanning some 56 years, Bob made of the Business Law Section of the was noticeable on a Friday night, others with his willingness to try local Caylen, their partners Carly, Sam and Brian signed the Bar Roll on 1 April an extraordinary contribution to both Law Council from 2002 to 2003 and when he modified his time in with us, cuisine and wine, joining in whatever Diana and their grandchildren Jasper 1960. He read with James (‘Jimmy’) the law and the community in fields was a driving force in a number of in favour of time with her.) He was activities were offered (those who and Blair. He was loved and respected Gorman (later QC, then County Court related to company, securities, tax, its committees, particularly the Trade good company: he told an array of have seen the hilarious footage of him by all of them. He also leaves his judge). and competition law and policy. Practices Committee, for more than both excellent and bad jokes. When he sliding on slippery ice in Russia will parents Olive and Berian and sister In 1961 the first group of the Bob was born in Japanese-occupied four decades, contributing actively laughed, it was a true laugh, his whole know what that sometimes entailed), Lesley and her partner Peter, all of Australian chapter of Amnesty Shanghai in 1938, his family settling in until the days before his death. He body sometimes joining in. There making puns from local names, all with whom loved him dearly. Vale Richard. International met in his chambers, and Australia in 1947. He was educated at was chair of the Law Committee of was no doubting how much he was good humour. He discovered ‘sleeping He will be greatly missed. Brian was Amnesty’s first member. Newington College (Sydney) and the the Australian Institute of Company enjoying himself. under the stars’ in the Australian CAROLYN SPARKE QC Brian established a substantial University of Sydney (BA LLB(Hons)) Directors from 1994 and held posts as Richard was born in England. He outback and did a couple of trips practice in crime, criminal appeal and and was admitted to legal practice in a visiting professor in Canada. graduated with Honours from Kings whitewater rafting down the Brian James Bourke AM licensing law. In 1962, his first edition 1962, having served articles with M Apart from being a loving husband College London. He was called to the Colorado river. of Bourke’s Liquor Laws (Victoria) was Rosenblum & Co. Bar Roll No. 612 to Ruth and a father to two daughters, Bar of England & Wales as a member He was an enthusiast for progressive published. He remained an author In 1963, he went to Harvard his contribution as a legal practitioner, of Lincoln’s Inn in 1979. He served as rock music, happily trying to sing rian James Bourke was until 1999 and then a consulting editor. University on a scholarship, where he outspoken academic and leader in a Marshall to a High Court Judge on along and play ‘air guitar’, and born on 13 June 1929 at Brian appeared as counsel for the completed an LLM. Bob returned to commercial law in Australia will be Circuit, leading him to have a great acknowledging how badly he managed Wangaratta, where his defence in several murder trials, practise as a solicitor with Freehills sorely missed. insight into the Bench, and giving him both of those things. father was a publican. He died particularly in the 1960s. Times were in Sydney. In 1965, he came to DAVID SHAVIN QC some great stories to tell of his time in He loved good food and good wine, Bon 31 March 2018, at his farm in different; he once told me that, over a Melbourne as a senior lecturer at that role. He came to Australia and was with quality wine stored both at home Portarlington. He was 88. When he couple of weeks, he had three clients Monash University law school and in Richard Berian Phillips admitted in Victoria on 1 December and in a secret cellar. He enjoyed retired on 20 October 2017, he was sentenced to death. 1969 was called to the Bar in Victoria. 1982. He read with Wikramanayake the annual trips of members of the the member on the Practising List In 1967 he was junior counsel to Whilst a senior lecturer in the law Bar Roll Nos. 1789 & 2950 (later QC) and signed the Bar Roll on Probate Bar to the Trust Symposium longest in continuous, full-time Phil Opas QC for Ronald Ryan, the last faculty at Monash, Bob read first with ichard Berian Phillips was 19 May 1983. in Adelaide, which was inevitably practice. In 1998 he was named a man to hang for murder in this State. the late Peter Brusey and then, after a great lawyer and a decent For 10 years, he had a general followed by analytical conversation Legend of the Bar. He described Ryan as the “toughest Brusey took silk, with the late Alan man who valued friendship practice at the Bar, which included about the subject matter and a trip Encouraged by Mother Columbanus, man I’ve ever known” because he Goldberg (later QC and Federal Court Rand had a wicked sense of humour. jury work. He then left to start a ‘Nut to a nearby wine region. who had “a profound influence on faced the gallows without fear. Days judge). Though he retired from the Richard passed away unexpectedly on Shack’ franchise. He used to tell stories His last few years were very happy [his] life”,1 Brian moved to Melbourne before Ryan’s death, Brian broke Bar in 1974, his life’s work affected 2 January 2018, at 60 years of age, after against himself about the ‘success’ of for him. After an earlier tumultuous to undertake matriculation at down and ‘cried like a little kid’ as the commercial and competition Bar a sudden bout of ill-health. His widow that business. relationship elsewhere, he found true Taylors College. After a stint in a the condemned man comforted the profoundly. Ingrid, whom he loved devotedly, was On his return to the Bar he love with Ingrid. He described their bank in 1947, he served five-year junior barrister in his Pentridge Prison Space does not permit a full by his side for the whole of his stay in established a practice as a trust and bond as one where each was the articles with Brendan McGuiness at cell. For him the ‘travesty’ of Ryan’s recitation of the posts to which Bob hospital. The hearts of Richard’s friends estate specialist. He was co-author mirror version of the other. He was Brew & McGuiness, completing the execution remained, and he became was appointed and the positions in and colleagues go out to her. of the Lexis Nexis Wills Probate very happy to marry her and became requisite subjects and graduating a tireless advocate for abolition of the which he served the community. In Richard was well-known at the and Administration Service, as well a very full part of the life of her family. Bachelor of Laws from the University death penalty.5 1972, he was appointed the Sir John Victorian Bar as an intelligent barrister as having provided commentary Despite the trouble we sometimes see of Melbourne. He was admitted to Brian was a fearless advocate. He was Latham Professor of Law at Monash who brought a great analytical intellect in Voumard, Sale of Land, and in our cases with the introduction of a practice in March 1953. He practised a superb cross-examiner, particularly University and was Dean of the Faculty to all arguments. Many of us have contributing to Court Forms Precedent new ‘step-parent’, that was not the case as a solicitor for five years, gaining of police and forensic experts. In final of Law at Monash University from at some stage been beaten in court and Pleadings. He was a member with Richard. He clearly enjoyed great experience in liquor licensing. address, he was eloquent. One client 1980 to 1988. Between 1988 and 1991, by Richard, with arguments that of the Society for Trust and Estate relationships with Ingrid’s children Brian was a champion debater was so moved after one address, he he served as chairman of the Trade were often unexpected and always Practitioners (based in London) and a true ‘grandparent’ relationship during the 1950s. In 1955 he was the confessed to him: “I didn’t reckon I Practices Commission (now the ACCC). carefully constructed. He was a firm, and was regularly sought after as a with Ingrid’s grandchildren, playing coach and a member of the team that was innocent of this thing, but having From 1991 to 2004, he was a partner fair opponent. He was willing to share speaker at conferences. As well as Santa and telling jokes to them. won the Victorian A Grade Debating listened to you, I reckon I am.” In a trial at Allens Arthur Robinson and then his knowledge with those who asked. being well-respected for his advocacy Richard’s illness late last year was Championship against the LaTrobe of an accused for rape, before Judge an Emeritus partner at Freehills from He was a true colleague who took the and argument, he was an advanced a blow to the plans he and Ingrid Debating Society led by the doyen of John Nixon, he read from the Bible. In a 2004 to 2011. He was a professorial ‘open door’ policy seriously. He took mediator. had made to travel together to the debating at Pentridge Prison, Bryan murder trial of a woman who killed her fellow from 2011 at the University of seven readers, sharing his library and He was also a great traveller. He Christmas markets in Europe and to John Kerr.2 In 1956, he was the ‘star’ husband in self-defence, Sir Norman Melbourne and Honorary Professor of knowledge with them and others. was heading to America with a few spend their future together. Despite in the team that won the Australian O’Bryan directed the jury that they Law at Griffith University. He was also a true colleague in of us at the time the September 11 initial hope that he would beat his Debating Championship.3 In 1963 could “of course convict the accused as

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the Crown have argued or, as Mr Bourke by Archibald Prize painter, Karl Scott, for admitted to the Bar of England & of England Grammar School and at County Court and the Supreme Court. sportsman. As a cricketer, he has urged, acquit her and let her go whom he appeared in 2014 before Judge Wales (Gray’s Inn) in February 1963, the University of Melbourne. After He served 10 years as a judge of the played in the First XI at Melbourne home to look after those five children.” Mark Taft. That painting now hangs at and commenced an academic career at completing first-year law, he served County Court from 1969, during which Grammar; earned a half-blue as a back of the lift back In his eulogy at St Ignatius’ Church, the entrance to Brian Bourke Chambers, the University of Singapore in 1963. in the Royal Australian Naval Reserve he also conducted three important member of the university team; and Richmond on 6 April, lifetime friend, named after him, a tribute to the love He was appointed a Lecturer in Law at from 1944-46, seeing service in New inquiries: one into the teaching service; played district cricket, and for the solicitor David Bullard, told that he and admiration felt for him, and as an Monash University in 1966, an Associate Guinea and Morotai. He graduated and two Courts of Marine Inquiry. That Bar. He was elected to the committee last instructed Brian in a matter at the example and inspiration to the members Professor in 1977, Acting Professor with an LLB in 1949; served Articles was followed by 18 years as a judge of of the Melbourne Cricket Club and Heidelberg Magistrates’ Court in June of those chambers. from 1982 to 1986, and the Sir Owen with Alan Benjamin; and was the Supreme Court; and a further five served from 1979-97, including nine 2017. There were 28 charges involved in Brian Bourke used his considerable Dixon Professor of Law in 1987 until his admitted to practice in March 1951. years as a reserve judge. years as vice-president. He was vice- seven different briefs and he mastered talent and generosity to help a multitude retirement in 2002. He continued to teach He came straight to the Bar, signing At his Supreme Court welcome, his commodore of the Sorrento Sailing the facts, was in complete control of of people during his long life in the law. at Monash until 2007. the Roll in May 1951 and reading Honour joked that his forays into the Club and captain of the Sorrento Golf the court and arranged for pleas to be He had 11 readers: Judge John Barnett, His principal teaching and research with Ben Dunn (later a County Court, “whispering jurisdiction” were “but dim Club. He played tennis and pennant made to only appropriate charges and Russell Sarah, Don Gude, Jack Rush QC, interest was the law of torts. His best then Supreme Court judge). memories”. At his Honour’s farewell, squash and billiards. obtained a satisfactory result. Brian was Patrick Tehan QC, Kris Hanscombe QC, known work was The Law of Torts in He had a varied practice and the Solicitor-General said that his Two poignant occasions came in on top of his game until he retired. Angela Nordlinger, Magistrate Peter Australia (1985 Oxford), which remains a became a dominant figure in Honour “seemed as much at home in 2014 and 2016, when he moved the Brian’s life journey could be gleaned Power, Linton Lethlean, Andrew Combes leading text in the field. When invited by common law and personal injuries, such esoteric fields as administrative admission of his granddaughters, from the pictures in his chambers, and Nicole Feeley. the organisers of a conference to reflect serving some years on the juries law and town planning as in crime and Sarah and Katherine Southwell, with the door to which was always open, In 2017 Brian was appointed a on the contribution made by the High subcommittee of the Bar Practice personal injuries” and that, in recent Sarah as his junior for Katherine’s to all comers. member of the Order of Australia in Court of Australia to the development of Committee and other committees years, most of his Honour’s time had admission. There was Norman Rockwell’s portrait recognition of his service to the law and the law in 1993, he took the opportunity including as a Bar appointee to the been occupied in the hearing and His was a long and accomplished of John F. Kennedy, whose politics he Australian Rules Football. to emphasise “how indigenous, how Legal Aid Committee. He had five disposition of criminal appeals in the life. His family and friends, and those embraced, Brian himself standing for the PATRICK TEHAN QC Australian, the law of torts has become readers and took silk in 1968. Full Court, then as an additional Judge who worked with him will remember ALP for the seat of Monash in 1964. A 1 Victorian Bar Oral History, Interview with over the last three decades.” His Honour is one of the rare few of Appeal. him with great fondness. chalk picture of a solitary figure penned Brian Bourke on 10/10/2005. He also made longstanding scholarly to have served as a judge on both the Alec Southwell was an outstanding VBN by a convicted murderer. A fine picture 2 Bryan John Kerr stood trial for murder contributions to the constitutional three times before being convicted in of African-American jazz players in New 1953; see R v. Kerr [No I] VR 231; R v. Kerr law of Malaysia. He co-authored York. Martin Tighe’s oil of Ronald Ryan, in [No 2] VR 239. His story is told by Gideon The Constitution of Malaysia – Its he was working with, because he cuffs, cigarette dangling from his mouth. Haigh in Certain Admissions: A beach, Development 1957- 1977 (1978 was— and was seen to be — open a body and a lifetime of secrets (Viking, Remembering Ninian Stephen A series of photographs he took over Oxford) and the successor volume and interested and eager to learn. 2015). Brian became a lifetime friend of A PERSONAL REFLECTION years of travel in France. Kerr. The Constitution of Malaysia – Further Never preoccupied with his own Bar Roll No. 478 On one wall, were photographs of 3 The other members of the team were Perspectives and Developments (1986). importance, he embraced the Ivor Greenwood (later QC, Senator and golfers and footballers, including Tony Attorney-General (Cth)), Alan Missen He signed the Victorian Bar Roll in from 1972–1982, and Governor- task at hand: concerned to ensure Lockett and his closest football mate, (solicitor and later Senator), Jock Travers November 1993 and split his Reading General from 1982–1989. But it is constructive engagement, to bring Bobby Skilton. After all, Brian served of the Geelong Debating Team and Frank between Leslie Glick (now QC) and his international work from 1989 out the best in others, to obtain Walsh (later QC and Judge of the County for three years as president of the South Court). The story is told in Frank Walsh, Jeremy Ruskin (now QC). He transferred onwards which is particularly and deploy the best available Melbourne Football Club, was a member Splints to Silk (Hunter, 2010), pages 67-8. to the Academics List in March 1995, intriguing. information.1 of the AFL Tribunal and Appeals Board 4 The story of his meeting Hemingway is and then to the List of Retired Counsel His international career was To his children and grandchildren, detailed in Victorian Bar News, “Brian and an AFL life member. Bourke: 50 Years at the Bar”, (Autumn in June 2004. extraordinarily varied. Beginning and to his extended family, Sir Ninian Then there’s a photograph with Issue, 2010). He maintained longstanding ties with with his appointment as Ambassador was the antithesis of the grand Graham “The Munster” Kinniburgh, 5 The quotes are from Brian Bourke in Oxford University, where he was a Visitor for the Environment in 1989, it public figure. He was deeply engaged interview with Steve Butcher for what who Brian described as having ‘the became an article in the Melbourne Age at both Corpus Christi and Balliol College, ranged from chairing peace talks in at a personal level, in an entirely best connections’ but was a victim of on 30 May 2015, Bourke’s Law: Treasure and the National University of Singapore Northern Ireland to investigating unaffected way. And his partnership Melbourne’s gangland war. A photograph trove of papers going to the State Library where he served as the David Marshall options for the trial of former Khmer with Lady Stephen was a joy to of Victoria. with prison chaplains, Fathers Brosnan Visiting Professor of Law in 1999. Francis Rouge leaders to being a founding behold. Their collective strength, and and Norden, and a group of ex-prisoners Francis Anthony died on 18 March 2018. He was 80 (born member of the International Criminal mutual trust and support, enriched after an address he gave at the Brosnan 11 August 1937). Tribunal for the former Yugoslavia. In everything they did. Centre. And another in the rooms of Trindade VBN its length and its breadth, his career JUSTICE CHRIS MAXWELL Doxa, which in 1964, Brian established Bar Roll No. 2885 was unique in Australian history. 1 For those interested to learn more, the with Father Joe Giacobbe, to provide The Hon Alec James What distinguished Sir Ninian in many facets of Sir Ninian’s public life rancis Trindade was educated accommodation for underprivileged every setting, public and private, was are described in a collection edited by at St Patrick’s School, Karachi, Southwell QC Professor Tim McCormack and Profes- children. his warmth, his acute intelligence and then graduated with an Bar Roll No. 467 ir Ninian Stephen had a sor Cheryl Saunders, entitled, ‘Sir Nin- Photographs of his farm and his four and his interest in people. And it was ian Stephen: A Tribute’ (MUP, 2006). FLLB from Karachi University, BA most remarkable public daughters, two of whom are lawyers, one lec James Southwell, doubtless those qualities which made (Hons), MA from Oxford University, life, both nationally 2 Justice Maxwell is married to Sarah Ste- a doctor, and one a professor. “Ginger”, was born on him such an effective leader in so phen, one of Sir Ninian’s daughters. and a Diploma in Comparative Law and internationally. He And then the big picture—of him— 1 November 1926. He many different forums. from Strasbourg University. He was was a High Court judge feet up at his desk in chambers, painted wasA educated at Melbourne Church S He readily won the trust of those 72 VBN VBN 73 Victorian Bar Readers March 2018 back of the lift back

back row: Geoffrey Lake, James Portelli, Jonathan McCoy, Ramon Fowler, Nicholas Modrzewski, Stephen Scully, Andrew White, William Barker, William Stephenson, Callum Dawlings, Andrew Roe, Glenn Barr, Kate Ballard, Joanna Dodd middle row: Andrea Skinner, Rachel Chrapot, Amanda Carruthers, Caroline Dawes, Julie Zhou, Abilene Singh, Simone Tatas, James Claridge, Matthew Tennant, James Stoller, Paul Reynolds, Nicholas Walter, Lachlan Molesworth, George Glezakos, Sally Bastick, Lachlan Carter, Maryann Gassert, Mitchell Grady, Nonni Sdraulig, Wendy Pollock seated: Alexandra Metherell, Timothy Smurthwaite, Edwina Keynes, Tanya Skvortsova, Pauline Chia, Simon Kelly, Veronika Drago, Amit Malik, Hugo Moodie, Amy Hando, Joanne Poole, Benjamin Hill, Serena Armstrong

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number of words which were new, or Boilerplate which the author used in new ways. A (very) short list of Shakepeare’s new words includes: academe, arouse, beached (that is, having a beach: a ‘beached house’), barefaced, caked, A BIT ABOUT WORDS compromise, dawn, dwindle, exposure, frugal, gust, impartial, laughable, madcap, monumental, obscene, Shakespeare panders, rant, tranquil and worthless. The full list is staggering: Shakespeare appears to have taken JULIAN BURNSIDE the Humpty Dumpty principle to its furthest reaches: ‘When I use illiam authorizes or instigates; the prompter a word’, Humpty Dumpty said, in Shakespeare or mover’. This meaning was current rather a scornful tone, ‘it means just is arguably the in the time of Shakespeare, and best-known is still found in the related verb of English authorize the meaning of which writers. There includes, ‘To give formal approval to; is a fashionable debate about to sanction, approve, countenance’. whether the person named William Shakespeare authorized the Shakespeare was the person who production and staging of many wrote the works attributed to him. plays. That could justify calling him WVarious suggested candidates include the author of those plays, given the Sir Francis Bacon; Edward de Vere meaning of the word which is now (17th Earl of Oxford); Christopher obsolete but which was current Marlowe; and William Stanley in Shakespeare’s time. It hardly (6th Earl of Derby). As Patrick matters. The plays exist, they Cheney says: were written by someone. The plays attributed to It is true, when students come into my Shakespeare introduce a vast Shakespeare courses, they typically want to ask only a single question: ‘Did Shakespeare really write all his plays?’ When they leave, I hope they’re more inclined to ask, ‘How did it come to be that the world’s greatest man of the theatre also penned some of the most extraordinary poems in English?’ Shakespeare wrote those plays—and poems. Read them; see them: listen to them. They are our great cultural inheritance, the real legacy of William Shakespeare.

Part of the confusion may come from the word author. Its principal meaning is ‘The person who originates or gives existence to anything … He who gives rise to or causes an action, event, circumstance, state, or condition of things’. A bit of ambiguity is found in an obsolete meaning: ‘He who

75 VBN VBN 75 BY WILLIAM SHAKESPEARE DIRECTOR JAMES EVANS It is a reminder that gruntled is a useful word, “Prince. How long hast thou to serve, which ought to be revived. Francis? Fran. Forsooth, five years…” (Henry IV, boilerplate what I choose it to mean—neither berow (to row around something: Part I) more nor less’. ‘The question is’, said not quite so useful); and bescumber I more incline to Somerset than York: Alice, ‘whether you can make words (to scumber on something: scumber Both are my kinsmen, and I love them mean so many different things’. ‘The is the dung of a dog or fox). Other both. question is’, said Humpty Dumpty, obsolete expressions in these As well they may upbraid me with my ‘which is to be master—that’s all’. categories include such splendid crown, However that may be, ‘To be or verbs as becurry (to curry a person’s Because, forsooth, the King of Scots is not to be…’ is probably the best- hide); befrounce (to frounce about); crown’d. known phrase from any of the plays behorewe (to befoul); bequirtle (to (Henry IV, Part I) attributed to Shakespeare. besprinkle) besperple (to bespatter: It hints at, but does not reveal, that this is from times when horses were SIMPLE. Ay, forsooth. there is a grammatical construction the main means of conveyance on QUICKLY. Does he not wear a great in English which is quite old, but muddy, bescumbered streets in round beard, like a common enough that it passes London. I say bescumbered, because glover’s paring-knife? unnoticed. A noun has be- added beshit and becack are doubtful, SIMPLE. No, forsooth; he hath but a as a prefix to create a verb: siege but the source of the problem was little whey face, with a (noun) leads to besiege (verb); devil not dogs or foxes but the horses little yellow beard, a Cain-colour’d leads to bedevil and smudge leads to themselves). beard. besmudge. Another obsolete word is QUICKLY. A softly-sprighted man, is There are quite a few words which begruntle (to make uneasy). It is he not? use the be- construction. Some quite useful, and it sounds good. SIMPLE. Ay, forsooth; but he is as tall a examples of this form are familiar: Its most recent recorded use is in man of his hands as befriend, beguile, behold, berate, P.G. Wodehouse’s, The Code of the any is between this and his head; he belabour, bequeath. Woosters, in which Jeeves says: ‘He hath fought with a warrener. There used to be many more. spoke with a certain what-is-it in (The Merry Wives of Windsor) The OED, with its passion for his voice, and I could see that, if For some curious reason, completeness, identifies a number not actually disgruntled, he was Shakespeare uses forsooth much of different functions which this far from being gruntled’. It is a more often in Henry VI, Part II (1590) handy construction can perform. reminder that gruntled is a useful and in The Merry Wives of Windsor First, forming verbs (derivative word, which ought to be revived. (1598) than in any other of the 21 verbs) with the sense of around. In And the way to revive it – applying plays in which he uses it. this sense, it offers all manner of the Humpty Dumpty principle – is Since Shakespeare’s time forsooth curiosities such as bebang (to bang to use it, and use it often. has become less common. Perhaps about); bejig (to jig about: how times Another word from Shakespeare’s he wore it out. It was used by change); befleck. And these are time is forsooth. Sooth as a noun is John Locke (A Letter Concerning words which are (in theory) still an old anglo-celtic word for truth. Toleration, 1689), by Tom Paine (The 18–28 JULY in use. It has had many forms including American Crisis, 1780), by Mark Second, forming intensive verbs: soth, south, suth, swth, suith and ARTS CENTRE MELBOURNE Twain (The Prince and the Pauper, verbs which suggest a complete soyth. From as early as 950 it is 1881), several times by Rudyard achievement of the (noun-based) found in such works as Beowulf, BOOK NOW Kipling (The Jungle Book, 1894; The objective, including such old- the Lindisfarne Gospel and the Second Jungle Book, 1895; and in ARTSCENTREMELBOURNE.COM.AU fashioned but still comprehensible Old English Chronicles. It was Kim, 1901). Jack London used it a verbs as bewomanise. also used in phrases with modern few times in White Fang, 1906 and The prefix be- can create a equivalents which more or less once in White Heel, 1907. It still lives transitive verb from a noun or follow the old pattern: in very sooth at the edge of memory, as a word adjective and can also make (in truth), sooth to say (to tell the not used but still recognised. intransitive verbs transitive. So: truth), to come to sooth (to come Some lawyers cause their clients belittle; bepiss (to piss on something; true) and by my sooth (upon my pain by their concern about truth. For and in parallel beshit and becack); honour). Originally, forsooth was a some clients at least less sooth will bestraddle; and the more familiar genuine declaration of the truth of a more begruntle. befuddle. And these are words which statement. Shakespeare used it this are, theoretically, still in use. Obsolete way frequently: words on this pattern include:

76 VBN boilerplate RED BAG BLUE BAG it has been rumoured recently that in the eyes of the law, which is all the natural fibres (either tailored, or Court Dress may go in the same more important in a diverse society bought off the peg from any good direction as barristers’ wigs – to the and an equally diverse Victorian Bar. retailer which doesn’t have the word boilerplate dustbin of history! I am not quite Second, fashion faux pas in the ‘warehouse’ in its brand name), a ‘What are sure of the current status of the form of safari suits, baguette coloured decent shirt/top and good quality Court Dress ‘discussion’, although the suits (that’s right, we all remember leather footwear (not sure what need for Court Dress was robustly Leonard Teale [Eds: perhaps not Gen vegans do here). the limits defended at the Bar’s Law Week Y]), any garment or accessory made As for blokes and ties, yes do wear event last month, ‘Facing the Law: of polyester or rayon, hosiery worn when in court but when not in court, Wigs and Robes Today’, where the with open-toe sandals, unpolished the presidential ‘Collins-look’ of no of sartorial overwhelming majority of attendees shoes and ready-made bow-ties, can tie is perfectly fine. Although if a tie seemed in favour of advocates potentially distract the judge and/ is chosen, then it must be silk and appearing robed in court, as they or jury’s attention from Counsel’s must not display cartoon characters, respect in the presently do. argument, sometimes resulting in a naked persona or any prose (the There are of course two gross miscarriage of justice. words ‘carpe diem’ interspersed compelling reasons why Court Dress Out of court and in the more exotic amongst random goldfish on a very courtroom?’ (as it is and preferably with wigs) jurisdictions though, the guidelines cheesy looking tie once seen in should remain as the gold standard are pretty simple when client the County Court morning line up, for advocate’s apparel. First, there interaction is involved. If a client is worn by a person whom I suspect is the blindingly obvious contention paying you, their barrister, a daily was a solicitor-advocate, remains BLUE BAG – a view from junior counsel that, irrespective of gender, race, age, fee, then you give them ‘Barrister’. an indelible and traumatising appearance (yes, there is university This means thinking of the client, memory). Break this rule and you’ll research that so-called good looking taking a professional approach soon discover what it is like for a ’ve been having a look at executive people seem to do better in life), and meeting public expectations, barrister to be confused with a police menswear trends for Winter ’18, and am wealth, prosperity or social status, which more often than not involves prosecutor, or worse still, a detective! pleased to see that shearling ‘has made all advocates appear uniformly equal (irrespective of gender), a well-cut Yours ever, a subtle advance’, that the season’s colour before the Court, as their clients are and properly made suit made of Red Bag. Iis ‘baguette’ (cf. ‘boring brown’), and that the funnel neck sweater is finally making a come-back. And yet, I’m not convinced that my attempt to be on-trend will find favour in the courtroom. I would therefore appreciate your advice on ‘best practice’ courtroom dress code. When doing so, could you please explain (a) what’s with the wide striped suits? (b) a pocket square - Yes / No, (c) the

Figure 1 – Anonymous pros and cons of bow ties, and (d) novelty socks. Also, member of counsel, dressed would your advice be the same if I were briefed in the to persaude on 12 April 2018, corner William and Latrobe Magistrates’ Court? Please note, I have not addressed Streets… women’s dress code due to reasons of first, space, and Our 3 principal lawyers, Wendy Jenkins, Paul Ross and Marita Bajinskis are Accredited Family Law Specialists. secondly, risk (but please do so if you wish). We provide expert legal advice regarding: If you need practical context, please see Figure 1. Any garment or accessory made Blue Bag • Marriage and defacto relationships of polyester or rayon, hosiery worn • Separation RED BAG – a view from senior counsel with open-toe sandals, unpolished • Division of assets • Care of children shoes and ready-made bow-ties, can Dear Blue Bag, • Child support and maintenance potentially distract the judge and/ Why so troubled mon ami? • Financial Agreements (pre-nuptial or Don Dunstan (former Premier of South Australia for cohabitation agreements) or jury’s attention from Counsel’s our Gen Y readers) used to cut quite a dash while wearing • International family law matters photo courtesy of natalie hickey of natalie courtesy photo argument, sometimes resulting a polo-neck sweater with a suit during the winter months and as they say in fashion, everything old is new again. in a gross miscarriage of justice. Level 3, 224 Queen Street, Melbourne VIC 3000 T 03 8672 5222 That funnel neck sweater of yours may be well received www.blackwoodfamilylawyers.com.au next time you pop it on under a suit on your next trip to Liability limited by a scheme approved under Professional Standards Legislation VCAT or other progressive forums. Except though in the Supreme Court it seems, where

20131101 Vic Bar News Blackwood Family Lawyers.indd 1 11/1/2013 11:53:53 AM 78 VBN VBN 79 Chichen Itza pyramid

boilerplate TRAVEL How this gringa traveled solo and avoided bad hombres in Mexico

JENNIFER BATROUNEY

aving weathered the whirlwind of the Victorian Bar’s presidency last year, I had to find a way to distract myself from the relevance deprivation syndrome rapidly engulfing me. A month in Mexico sounded about right. I might be a metaphorical feather duster, but my modus operandi remains, H“do one thing each day that scares you”. The thought of a solo trip through Mexico terrified me. So I decided to do it. I thought it best to avoid the bad hombres fighting it out in drug wars leaving innumerable dead in Acapulco (according to Sky News, 30,000 people were murdered there last year). Instead, I headed to the beautiful 15th century towns scattered throughout central and eastern Mexico. I kicked off my travels in Mexico City. The city is built at an altitude of over 200 metres on a swamp. It is slowly sinking. My first outing was a walking tour of the markets. These enormous shanty shambles sell everything from a curse at the sorcery market to a massive albino boa constrictor at the live animal markets. Perhaps some crickets to snack on? Chillies of every possible shape and size, cacti, the ubiquitous mole sauce and, of course, wall to

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Flowers in market at Skelaton couple at San Miguel de Allende Coyoacan

Suited mummy at Mexicans have a very different relationship with My next stop was San Pedro, a to be seen anywhere. Beautiful. served at the sleek but homely Guanajuatov death than we do. tiny island off the coast of Belize. There are also some Mayan ruins Oliva Kitchen & Bar (Calle 49-a 56, Why? I had been graciously offered in Tulum—a curtain-raiser for the Merida). This place ticked all the the opportunity to finance part of truly stunning ruins at my next stop: boxes. my son and his girlfriend’s three- Chichen Itza. My final stop was at Oaxaca wall skeletons. The Mexicans love hotel with an open fire crackling month backpacking tour through The Mayans were an incredibly (pronounced Wah-haak-kah). In their skeletons. They dress them up next to a bottle of red wine in my Central and South America. I was industrious race. They built massive the tiny historical centre there in beautiful clothes and put them sitting room (Belmond Casa de Sierra instructed to meet them in Belize, pyramids, perfectly calibrated to are 29 churches. They all cater to everywhere. Mexicans have a very Nevada, Hospicio 35, San Miguel de which was not on the way to the solar system, from whence they Catholicism but with various bits different relationship with death than Allende). Bliss. anywhere. The quickest way for me worshiped their gods—particularly of local idolatry bolted on. I stayed we do. Next on my list was Guanajuato. to get to Belize was via Houston. the rain god, Chaac. The vast ancient in the Santa Catalina de Siena As I headed out to Coyoacán to An old silver town, it is famous for It was unnerving transiting city at Chichen Itza was replete with Monastery (now a schmick hotel see Frida Kahlo’s Blue House (the its mummies. In about 1870, the through Houston. As l milled my an enormous stadium, an observatory with the only down side being the Mexican equivalent to Sunday Reed’s town decided to impose a local tax way through the cattle runs in the and a school. There must have been three amigos serenading me for … Heart Garden at Heide), I asked my on burial sites. If you could not pay airport so that the dogs could sniff a miscommunication with Chaac breakfast) (Quinta Real Oaxaca, Calle driver if there was a drug problem in the tax, your dearly beloved was out any irregularities in my luggage, somewhere along the way, as it is said 5 de Mayo 300, Oaxaca). This was Mexico City. “No”, he said sagely, “we soon disinterred. It was discovered I was confronted by pictures of the that the Mayans deserted Chichen such a friendly town. There were are producers not consumers”. Fair that many of these bodies had planes flying into the buildings on Itza when drought struck and people dancing in the street at night enough. become mummified, apparently 9/11 with the slogan “Not on my devastated the civilisation. for the sheer joy of it. I proceeded north to the delightful due to natural climatic conditions. I watch” underneath. Got it. Merida was my next stop. This is a Every one of the Mexican people little town of San Miguel de Allende. was amazed and horrified to see all Belize is home to the “other” Great classic 15th century Spanish Colonial that I came into contact with was This, like most of the towns I visited, manner of mummies on display at El Barrier Reef and the famous Blue town with beautiful, sweeping, kind, knowledgeable and gentle. was a cross between Sovereign Hill Museo de las Momias (The Museum Hole. It was full of Americans. balustraded mansions lining their Those parts of their country that l and Disneyland. The old part of the of the Mummies): a mother with her Next stop: Tulum. This is a grand parade. Sitting comfortably visited were extremely interesting town (protected by UNESCO) is newborn child, a woman with long boho coastal town with dozens of amongst these beauties of history and beautiful. I would not hesitate impossibly quaint, tidy and polite but plaited hair wearing cowboy boots, interesting hotels and restaurants were many fabulous chic restaurants to recommend a trip to Mexico. Just surrounded by the reality of a Third and many other chaps buried in what lining the glorious white beach and turning out food to die for. I fell in stay away from the bad hombres in World country. I stayed in a gorgeous was no doubt their “Sunday best” suit. azure waters. Not a Hilton or Hyatt love with smoked provolone cheese Acapulco and enjoy the show.

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a complimentary stay at an airport If you want to make a phone call, use one of the hotel, I learned that it is not unusual few phone boxes on the island for people to find themselves unable boilerplate to arrive, or leave, the island for catering villas and a 15-minute walk Mykonos, and the demographic is days on end. Travel insurance is a from town, up a hill. The location older than I expected. There are must. Booking with Oxley Travel is was a deliberate choice because I many people for whom retirement also recommended because they was hoping the incidental activity means a few weeks spent hiking, specialise in LHI and are confident would lead to a miraculous slim walking, cycling, eating and drinking managing these issues (oxleytravel. down. Against me was that The on LHI. Were it not for my imminent com.au; 1800 671 546). Anchorage restaurant (linked to tax bill, I could be attracted to this When our Dash 8 plane arrived our accommodation and located ‘in lifestyle permanently. a day later than planned, we were town’, such as there is one) serves There is no mobile phone coverage greeted at a picket fence by a person delicious food and has a remarkable on LHI. If you want to make a phone who asked where we were staying, wine range for a remote island. To call, use one of the few phone boxes and who directed arrivals to their get to The Anchorage at night, one on the island. This had been part bags and pickup point. My partner has to carry a torch because there are of the initial attraction because I tried to put on his seatbelt in the no street lights. On the way, one says thought a digital detox was in order. mini-bus and was told to take it off: hello to fellow travellers, identified In practice, this was really hard. It “We don’t use seatbelts around here”, only by their disembodied voices and meant that The Anchorage (open all we were told. With a speed limit of 25 bobbing patches of light. Coming day, excellent Wifi) became a critical km/hour, this is understandable. home, one marvels at the stars. hub, often visited every few hours to It also appears we can drink and Table bookings at 7pm are check in on emails and generally feel drive with impunity at nighttime, regarded as ‘late’. Most people eat ‘connected’. My caffeine levels went although we were warned that “he” at 6.30pm. This is definitely not through the roof as a result. (a reference to the Island’s local policeman) had recently introduced random breath testing in the mornings. Given there are only 350 residents, a maximum of 400 visitors at any one time, and a sprinkling of cars on the road, “he” must have The sheds house the local competition for fishing and someone particular in mind. snorkeling boat trips Thoughts surface of the television shows ‘Death in Paradise’ and ‘Midsomer Murders’. LHI would be a fabulous place to shoot a Lord Howe Island: show in an idyllic setting with a small community, but with sinister undercurrents. The QantasLink A simpler, sunnier choice Fortunately, evidence of sinister Dash 8 is the largest undercurrents was a bit sparse. plane that can land at LHI because the Indeed, all the evidence was to the runway is so short. NATALIE HICKEY contrary. We learnt quickly that every time you walk past someone, you t is not difficult to convince barristers of the biodiversity. It is an Australian version of the Galápagos can’t just walk. You have to comment need for a break. We choose self-employment Islands. It is also home to the world’s most southern on the day, the weather, or if feeling for its ‘flexibility’. Our job is stressful. And coral reef, inhabited by tropical and sub-tropical fish inarticulate, limit yourself to a broad a brief fee often burns a hole in the pocket and turtle life. smile. On one occasion, seeing that when it could be put to more sensible use. It is challenging to travel to LHI because it is small, and we were looking at our map, a bit lost, For these reasons, and more, I recently so the planes must be small. Ours was a Dash 8 which, a woman jumped off her bike and found myself stepping off the plane at Lord Howe Island to this rather uncertain flyer, felt not far removed from a insisted on giving us her map which (or “LHI” as the locals refer to it), which is an island (no Wright Brothers prototype. she said was “much better”. The notice board is actively used. The surprise) off the New South Wales coast, essentially in the The weather can be wild. That is how I found myself at Two nights of our stay were Coop Auction led middle of nowhere. Sydney airport with a day of cancelled flights to LHI. A spent at Earl’s Anchorage (https:// to some real finds, a proud new owner ILHI is a ‘volcanic remnant’ and UNESCO world five-night stay had become four. I was lucky to lose only earlsanchorage.com; 02 6563 2029). of a vacuum cleaner heritage site, protected due to its extraordinary a day. As I read the TripAdvisor reviews in the comfort of These are contemporary, large self- putting it into one of the few cars on the Island. 84 VBN VBN 85 boilerplate

Therefore, whilst the concept knee deep is best. After dropping of staying on a film-set location a few pellets in, the feeding frenzy in a simpler and friendlier time begins. Fish jump over each other boilerplate might sound great in theory, it was to fight for the food. Some are like challenging in practice, at least seagulls and very rude. The tropical initially. In a typical day, we are fish in brilliant purples and pinks assaulted by information from social swim around more elegantly. Large

media, emails, phone calls and texts. blue fish bump into your ankles The duck confit at Arajilla – It becomes an addiction. ’Dropping as they open their mouths above not exactly roughing it out’ from this was initially frightful. the water, so that you can feed I wondered if every day of the stay them directly into their mouths. made brownies before I braved the would feel like Good Friday. There was a Piranha-style moment Piranhas again. Repeating the same Fortunately, the mood became though, when, encouraged to let activity two days in a row felt good. more upbeat after a 15km walk them nibble at me, one blue fish For some, four days at LHI could be on day 2, with a mix of incidental chomped down with the result long enough, or it could mean one is activity—nine holes of truly lousy being extreme pain (okay, it wasn’t just settling in. To be frank, we barely golf in a spectacular setting—and that extreme) and blood dripping explored the 11 km of the Island bird watching. I can’t tell you what down my finger (okay, it wasn’t because we didn’t feel like it. Next the birds were. I have never seen really dripping). time we will make the effort. them before. The other two nights of our stay After returning to my daily walks Gradually, I settled into the daily were spent at Arajilla (arajilla.com. at home, I have been smiling at pace, and loved it. Things I loved au; 1800 063 928) which has the feel those approaching me from the included the honour system, which of a yoga retreat, with alcohol. All other direction. I have not received applied almost to everything. The meals are included, and guests are smiles in return. This is why I will honour system applied to rounds of provided with bikes (which is great, return to LHI. It will not just be for golf and the hiring of golf clubs. The because we had decided walking was the beautiful natural environment. money just went into a box. It also overrated), and offered barbecue Rather, time spent at LHI reminds applied to hiring wetsuits, snorkeling packs for lunch. The barbecues are us that to surround ourselves with gear and fish food at Ned’s Beach, cleaned every day on the island. competing demands, a cynical with written instructions on a board We returned to Ned’s Beach and mindset and technological clutter reminding the user to wash out their cooked local fish, prawns, steaks involves a level of choice. It is FOOD suit before they put it back. and sausages, enjoying them in the worth choosing a sunnier, more I also loved simple pursuits like sunshine with a salad and home- uncomplicated approach to life. watching the Island Trader, the A charcuterie diary by P J Booth regular supply boat, which had come in and unloaded its cargo over a few NATALIE HICKEY days (this was a big attraction with many onlookers). We also inspected the kayak of a man who had come to eter Booth is a commercial barrister for The Weekend Australian Magazine, wrote, “for anyone LHI from New Zealand. His kayak’s at the Victorian Bar. His matters interested in making sausages, ham, bacon or you name solar panels, tiny sleeping cabin and involve contract, equity, company it, at home, this quirky DIY book will be a necessity”. He high-tech navigation system proved law and trusts. He is a bit like Clark added, “By the time you get to the end, you’ll have an quite a talking point with locals. Kent. This is because it is in his appreciation of the obsession that must have gripped this Ned’s Beach is listed as the guise as ‘P J Booth’ that his secret mild-mannered lawyer for the last 10 years”. number 1 attraction on TripAdvisor talents have become fully realised. These concern all Several years ago, and as the book explains, P J Booth for Lord Howe Island—for good manner of methods for preserving meat. His passion for became interested in charcuterie. He says it is a record reason. On its face, it is just a charcuterie has resulted in a book, called A Charcuterie of four years of trial and error, fear and loathing. He says gorgeous, very quiet beach with Diary, which is 365 pages long, contains about 150 recipes, his first products were inedible. After reading as widely a few barbecues and almost no Pand is approximately 75,000 words in length. It is a as he could, he then spent several years experimenting people. The $1 coin required for fish beautiful work, with numerous gorgeous photographs with recipes and techniques suited to his circumstances. food hints at much more. There is accompanying stories and instructions. He wrote A Charcuterie Diary mainly because the books no fishing allowed there. The local Peter Booth thinks the book is expensive at AUD $75, available to him, he did not find helpful. They were fish population is therefore tame. and apologises for the cost (‘P J Booth’ may be less either based on imperial measurements (not metric) or A view across the water They are also hungry. With fish food to Mt Gower, which is humble). In any event, if you are an enthusiastic cook just really old. They used products he could not source in hand, one walks into the water— a challenging climb for (and not a vegan), this cook book is for you. reliably or at all (“saltpetre” for example) or which he serious hikers John Lethlean, recently reviewing A Charcuterie Diary did not understand (“Boston butt” which comes from the

86 VBN VBN 87 boilerplate front end of the pig not the rear Family members do not A prosciutto called Kevin end). Some were predicated emerge unscathed. He thanks was determined that this charcuterie thing RECIPE on equipment or conditions he his wife Helen for her editorial boilerplate would not beat me. Frankly, I had mixed could not possibly replicate at and proof reading expertise. He I Petit salé success. For reasons which I do not now recall, I home (“…incubate at 27°C and grudgingly acknowledges “No. Petit salé is a lightly salted pork belly which decided to jump into the deep end and embark 85°RH for 12 hours then increase 1 Daughter” who spent “quality is poached and served with puy lentils. “Petit on a prosciutto. I certainly did not understand humidity to 95°C and reduce time in a final, often quite sale” means lightly salted; referring to the what I was doing, but it felt good nonetheless. temperature to 14°C for the next hurtful, editorial proof read”. He short time the meat is cured before cooking. I was becoming a charcutier, (well sort of) 12 hours…”); or suppliers who thanks “The Hairy Nephews for Recipes for the dish2 usually do not use a although I did not know it at the time. would not supply to him, on the being crash test dummies with curing salt as well. I think the dish benefits It just seemed like a good idea at the time. other side of the world. Most of a variety of charcuterie”. He is from a small amount of Curing Salt No. 1 if Kevin was the start of the more scientific all they usually did not explain positive about “Lucy, the black for no other reason that it gives a pleasing approach. exactly what was going on in the dog” which benefited from some pink colour to the finished dish. Without the If you feel the need to apportion blame for all process of charcuterie. All these failures. He is not so positive Curing Salt it is not so attractive to the eye. that has followed, then most must fall to Kevin. things made him write the book. about his other dog, “The Rat, If you like corned beef, then you will like Although, you already knew that. But I digress. P J Booth’s writing style is an evil Jack Russell Terrier for this. Kevin was the first prosciutto. I asked Frank anything but mild-mannered. whom I have no regard”. If you do not like corned beef, then there The Butcher (his real name) when it would be It is passionate, direct, and to This book is a record of P J is something wrong with you. good to start preparing a prosciutto. He said good idea at the time. Indeed it cellar. Kevin agreed. Sadly, the point. His comments on the Booth’s experiences and drawn This is one of my all time favourite “When you see me wearing a beanie in the shop, was a good idea until, once again, although the temperature was rear cover of the book conclude, from a diary in which he kept dishes. If you make nothing else from this then it will be time”. It sounded pretty scientific things got warm. I got nervous good, the humidity was too high. “Never trust a vegan”. He does recipes, observations and results book, you should make this. If you do not to me. I waited. I waited some more. Frank The and decided that I had to check Things went bad very quickly. We not apologise for this. Rather, over the past four years. make this dish, I will find you. There will Butcher did not wear the beanie until mid-June, on Kevin. I travelled for three fought off the MOMC1 bravely whilst he frankly acknowledges To judge for yourself, here is be nowhere to hide. to my mind a bit late. In any event, I did what he hours to Camp Otway to see how together. It was a close run thing. that his approach may be an extract from A Charcuterie said. Kevin was progressing. Nervously, What to do? Ingredients:3 idiosyncratic (he is not a chef, Diary, including a recipe which When I saw the beanie being worn, I attended I opened the door, expecting to The answer was at hand, Pork (belly, skin on, bones removed) – 1 kg. either by training or inclination), P J Booth recommends to those the shop to purchase a leg of pork. Frank The see Kevin watching my television Sebastian (a local gastronome), Salt – 45g. he figured it was undesirable to wanting to impress friends with Butcher trimmed the leg of pork for prosciutto and drinking my wine. All was has a cellar. Well alright, it was just Brown sugar – 15g. write an anonymous cookbook. minimal effort. and I was all set to start the journey. After careful good, much to my relief. Kevin was a space under his house, but which Curing Salt No. 1 – 2g. He leaves it to others to judge In P J Booth’s own words, consideration, it was decided that the inaugural happy and so was I. Nonetheless, had more airflow than my modest Bay leaves (crushed) – 2. whether his approach was correct. “Meat the family”. prosciutto would be called Kevin. Kevin was I figured that it was not good to cellar. Kevin was agisted at Chez Juniper berries (crushed) – 4. lovingly rubbed with a mixture of salt and Curing be so far away from Kevin, so we Sebastian quite happily for much Thyme (fresh) – 1 sprig or if using dried Salt and put to bed in a salty sleeping bag (a returned to Melbourne together. of the remainder of his days. Kevin thyme, 1 tsp. big plastic tub actually) for two days/kilogram. The question now was what to do, ended up being a remarkable Method: Far too long as it turned out but it seemed like a the weather becoming warmer success, especially as a first time Place the pork in resealable plastic bag good idea at the time. Thereafter Kevin was put each day. I suggested that Kevin effort (albeit a bit salty). together with all the other ingredients into some nice muslin pyjamas for the big sleep. might enjoy time in my modest for 2 hours in the refrigerator. Thereafter Kevin was hung high up on the veranda out in the remove and rinse the meat well. direct sun but with good airflow. I checked Kevin Stockists include: Gently poach the meat in a court every few days and things were good. Kevin was - Books for Cooks (Melbourne, Victoria) bouillon (water with 1 carrot, 1 celery stick, happy. I was happy. - Dymocks (Camberwell, Victoria) ½ onion, 1 bay leaf, 4 pepper corns) until As things transpired, there were some - Tim’s Bookshop (Kew, Victoria) well-cooked but not falling apart (treat it unseasonably warm days in August. That was a - Readings (Hawthorn, Victoria) like corned beef but a bit more gently, it is problem because things got quite warm on the - Readings (Carlton, Victoria) not as robust). Slice thickly and serve with veranda up under the eaves. My hygrometer told - The Artisan Bottega (North Melbourne, puy lentils which have been cooked in the me so. Accordingly, I put Kevin in the fridge for Victoria) poaching liquor from which the petit salè a few days. Kevin seemed happy enough. When - Smoked and Cured (Melbourne, Victoria) has been removed. things cooled down a bit I returned him to the You can read some extracts from the book If you do not like this then I cannot help veranda. Sadly the days got warmer more often. at acharcuteriediary.com.au. you. Kevin still had so much time to spend maturing Note: Curing Salt No. 1 contains 6.25% that I decided drastic action needed to be taken. nitrate and is used for shorter term products. I decided to relocate Kevin to Camp Otway, on 1. ‘Moulds of Many Colours’ which is to be contrasted to ‘WMOH’ - the ‘White Mould of Happiness’. It is available from suppliers such as The the west coast of Victoria, about 3 hours’ drive 2. For example Elizabeth David in “French Provincial Cooking” or Rick Stein in Essential Ingredient, Butcher at Home, from Melbourne. Kevin was left in a cupboard in “French Odyssey”. Cellar Plus – The Artisan’s Bottega, Smoked the house which is situated at 300 metres above 3. The quantities are a guide only, this is a quick cure so the precise measurements really do not matter. Go wild. But not too wild. and Cured, and Costante Imports. sea level with plenty of breeze. It seemed like a

88 VBN VBN 89 Noosa Scrub Turkey Wasabi Amuses Bouches boilerplate FOOD boilerplate Noshing in Noosa

CAMPBELL THOMSON

Noosa Surfing n March, my partner Kindergarten. is minding her sister’s place in Noosa. My trial Angel restaurant in Sydney won The scrub turkeys are so tame you could throw a is adjourned, so I join her $100,000 damages in defamation Wasabi Menu towel over one and take it home for the Sunday roast. page for a few days. During when Leo Schofield described its school holidays in the lobster as close to culinary crime, Melbourne winter, half our Bar can I will be brief. Japanese chillies. On the Noosa side Manhattan because of the subtle be found lounging on Main Beach. A freshly opened oyster squirms of the river, the serenity of the staff flavours produced from local Backpackers and European families when you squeeze lemon juice assures us we are in good hands. ingredients with consummate also sprinkle the sand. Marquees on it. Ours are sullenly unmoved. We order the Omakase menu: seven professionalism. The reckoning, areI going up for a surf carnival but The tropical rock lobster of the dishes chosen by the chef with seven $524 for two including tip, is worth squalls spinning off a late wet season panulirus family is better described matching beverages. every cent. to the north send tourists dashing as a crayfish. It has no claws like The tsukidashi, six seasonal The next morning I buy some into the cafés on Hastings Street. its northern hemisphere cousins. amuse-bouches, come with a natural fresh Morton Bay bugs, my favourite By dinner time, the monsoon is The succulent flesh is in the orange wine from WA. Our waitress seafood. Cut them in half with a belting down as we make our way tail. Overcooking it should be an recites the various ingredients with heavy knife, remove the viscera, fry to Maisie’s Seafood and Steakhouse indictable offence. practised poise but the words float in a mixture of olive oil and butter on the river at Noosaville. Maisie’s 2017 was a good year for Clare over our heads as we take in the until the flesh is lightly caramelised. proudly advertises itself as the first Valley riesling. This one will be varied colours, textures and flavours. Serve with a squeeze of lemon juice eating house in the area, established terrific in a decade but its acidity, less They make this mouth smile. and chopped parsley. Hard to beat. by the Massoud family in 1920. than a year after bottling, is mouth Then the parade starts with The Sunday before I have to fly They say that, in World War II, puckering now. Our bill is a modest hotate, scallops with finger lime, south, we go for lunch at Sum Yung diggers stationed nearby drove their $116. We do not tip. bamboo shoots and konbu radish. Guys near Sunshine Beach. It’s amphibious army ducks out of the The next morning is bright and Accompanying is an Austrian pinot packed and buzzing. Our table is Wasabi Menu page river to the front door to collect their clear and we work up an appetite gris. Next is the tempura dumpling of next to a rickshaw propped against takeaway tucker. with a walk around the National Park. king prawns over which our waitress the wall. Think Ho Chi Minh City The restaurant walls are decorated Surfers do their best to turn tricks grates the zest of Bhudda’s hand, plus Bondi. We share Moo Ping with old black and white photos of on two-foot waves. The scrub turkeys a citrus fruit like a lumpy lemon chicken skewers and Mooloolaba men with huge catches of fish. We are so tame you could throw a towel with fingers and a delicious scent. prawn toast for starters. The names could order Clancy’s Overflow, a 200g over one and take it home for the The combination of taste and are groovy, the dishes less so. I eye fillet wrapped in bacon with two Sunday roast. When Hemingway was texture excites a palate lubricated then have the salmon with coconut, oysters Kilpatrick and two oysters struggling to sell his stories in Paris, with chablis. ginger and turmeric curry. We order mornay; Surf & Turf, a 300g rib fillet he used to take his son in a pram to Shiromi ponzu, cured kingfish with a bottle of beaujolais. It comes to with creamy prawn, scallop, calamari the Tuileries Gardens. He’d scatter toasted sesame, ginger and green the table warm. I have to shout to and mussel sauce; The Waltzing breadcrumbs to attract the pigeons, onion, comes next. Three exquisite make myself heard when asking for Matilda, a 300g rib fillet with drop the rug from the pram over one, pieces of sushi with Tasmanian an ice bucket. Everyone seems to mushroom and asparagus; or Banjo’s wring its neck and then shove it in wasabi follow. The uzura, roasted be having a great time. On Saturday Fillet Steak, a 250g fillet steak topped the pram before a gendarme noticed. quail served with a lovely barbaresco, night I imagine it’s party central with half a grilled lobster, Moreton Not so desperate, in the evening we leaves you wanting more. We finish but the food is a non-event. $190 Bay bugs or prawn cutlets. We opt head to Wasabi. with yukimi, a dessert with dried including a small tip. prosaically for the cold seafood This is a temple for serious pineapple and shiro-an (sweetened So on your next trip to Noosa, save starter and half a lobster each with a foodies. They have their own farm at white bean paste) crisps. A Japanese up for Wasabi. Otherwise take home bottle of the only riesling on the wine Honeysuckle Hill, where they grow whisky in a crystal tumbler cuts some of the outstanding local seafood list, from the Clare Valley in 2017. Japanese ingredients such as myoga, through the sweetness. and tropical fruit and vegetables and Keeping in mind that the Blue Japanese ginger flower and shishito, I am reminded of Per Se in cook it up yourself.

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BOOK REVIEW Korea: Where the of the United States and its failure obvious, he says, that North Korea’s could fail to understand the position American Century Began to abide by several international nuclear and missile capability is a of North Korea and not be concerned obligations. In 1957 it unilaterally response to the American military by the uncompromising American boilerplate by Michael Pembroke Justice Michael Pembroke: abrogated the Korean Armistice presence, not the cause of it. aggression directed at it. Hardie Grant Books, 2018 Treaty by introducing nuclear Pembroke makes clear that the Finally it is to be observed that Korea: Where the American weapons. In 2001 it withdrew from regime in Pyongyang is “harsh, before writing this book, Michael fell was napalm in both the anti-ballistic missile treaty authoritarian and repressive” and Pembroke was a Visiting Fellow absolute and relative terms”. Century Began with Russia. And in 2016–2017, it that there is nothing much to like at Wolfson College, Cambridge in Pembroke quotes from Gore opposed—and lobbied its allies to about it. But the book provides an 2015 and a Director’s Visitor at TREVOR MONTI Vidal’s Perpetual War for Perpetual oppose—the ground-breaking United understanding of the North Korean the Institute for Advanced Study, Peace in summarising American Nations resolution for multilateral perspective. After reading this Princeton, New Jersey in 2017. He policy: “We honour no treaties. We n February 2018, NSW Supreme a decision, he says, that was mired negotiations designed to achieve a book, no rational, responsible and also visited and travelled through spurn international courts. We strike Court Justice Michael Pembroke in unconvincing rationalisation, worldwide nuclear ban treaty. It is reasonable-thinking human being North Korea in 2016. unilaterally wherever we choose … published his book KOREA: transparent ambiguity, and We bomb, invade, subvert other states.” Where the American Century Began. diplomatic and legal machinations Thus the decision in October 1950— proffering advice on dealing with TheI book is a documented history of reminiscent of the wrangling over the after the North Korean invasion had difficult dilemmas such as the perils the Korean peninsula with particular invasion of Iraq in 2003. Lewis & Kyrou’s Handy Hints been repulsed and the war should of intra-office sexual relationships reference to the period from the He critically examines the impact have been over—to extend the war and how to deal with dishonesty and division of Korea in 1945 at the of the US-led invasion of North Korea on Legal Practice by invading North Korea. The author physical threats by clients. 38th parallel. and its population after the North knowns, known-unknowns, and analyses the reasoning and concludes When the third edition of Handy The book was inspired by the fact that Korean forces had been pushed back unknown-unknowns—in the fourth that it was driven by an ideological MATT COLLINS Hints was published in 2004, Facebook Mr Pembroke’s father fought in Korea, as to the 38th parallel. Not content with edition of Lewis & Kyrou’s Handy Hints objective: to impose social, political had just been founded. Twitter had not evidenced by his preface to the book. the restoration of the status quo, on Legal Practice (Lawbook Co, 2018). and regime change. He concludes that yet been invented. Mobile phones were Washington continued the war for Lewis & Kyrou’s Handy Gordon Lewis is a former judge I absorbed my father’s experiences so that like the slow-burning consequences of Blackberries, not iPhones. Electronic three more years, during which time Hints on Legal Practice of the County Court and former their darkest elements became a small interventions in the Middle East, it has trials and the paperless office were civilian deaths among the Korean Executive Director of the Law Institute part of my own subconscious. I knew they engendered a deeper and long-lasting 4th ed at best conceptual. In the fourth population were estimated to have of Victoria. Emilios Kyrou is a judge had been grim and frightening. I knew conflict. by Gordon Lewis, edition, the authors have addressed been more than three million. of the Victorian Court of Appeal and a there had been fear and confrontation, Pembroke observes that the war Emilios Kyrou and the increasing complexity of legal He explains the “profligate bombing former partner at Mallesons Stephen desperation and death. Gradually I left North Koreans with a permanent Nuwan Dias practice as a result of these and other campaign” during that period, the Jaques (now King & Wood Mallesons). learned that the outcome of war is rarely siege mentality, a defensive, embattled, Lawbook Co, 2018 developments. widespread use of napalm, and the Between them, Lewis and Kyrou have good; that its most aggressive proponents ultra-nationalistic spirit and self-image Handy Hints will be most useful to flattening, burning and destroying more than 90 years’ experience in legal are usually those who have never fought based on pride at having survived an solicitors embarking on a career in the of North Korea. Not surprisingly, he There are known knowns; there are practice. They were the authors of the with butt and bayonet; who have never encounter with the most technically law, but it contains wisdom for counsel concludes that the experience instilled things we know we know. We also know first three editions of Handy Hints. heard the moaning of the wounded or the advanced power in the world. North at all levels. Many topics are illustrated in the people of North Korea a level there are known unknowns; that is to say In the fourth edition, they are joined anguished cries of innocent civilians; who Korea, he explains, lives with a with practical and often humorous of distrust and resentment that has we know there are some things we do by Nuwan Dias, a solicitor at Herbert have never been required to kill and maim constant fear of invasion, subjugation examples drawn from the catastrophes shaped the country’s continuing not know. But there are also unknown Smith Freehills. in the name of their country. and occupation. The siege mentality that can befall practitioners, such hostility towards the USA. In the re- unknowns—the ones we don’t know we Handy Hints walks readers through is exacerbated by the Pyongyang as the all-too-common experience The author reviews the events which built streets of Pyongyang, he notes the don’t know. the gamut of matters that practitioners regime’s knowledge that the United of inadvertently hitting ‘reply all’ led to the division of Korea and the legacy of bombing is bitterness. need to master, or at least be aware States has a stockpile of between —US Secretary of Defense, Donald to an email, or the not-so-common war which inevitably succeeded it. He explains that the North was of, in everyday practice. For those 4,000 and 7,000 nuclear warheads, Rumsfeld, 12 February 2002 experience of one practitioner who His historical analysis of the relevant systematically bombed, town by town. starting out in the law, there are useful over a thousand of which are actively hatched a failed plot to influence a events should be compulsory Cities and towns were razed leaving fter 25-odd years as a tips on topics ranging from how to deployed on ballistic missiles and jury by climbing onto the roof of a reading for every Australian, given a landscape pockmarked by piles of barrister and, before approach your first interview with a submarines. and at air bases, and courthouse in order to inject laughing that Trump has been beating, and bricks and the foundation of buildings. that, a solicitor, there client, to drafting correspondence in some almost certainly targeted at gas into the air-conditioning system. continues to beat, the war drums in General McArthur is quoted in 1951 are some things I know I know about plain English, conducting settlement Pyongyang. We all make mistakes and commit relation to North Korea. War in North as having said, “The war in Korea has legalA practice. However, I am often negotiations, and managing competing He explains that in the face of errors of judgment in our professional Korea may well involve Australia— almost destroyed that nation. I have struck by how much I know I do not demands. For more experienced such threats, North Korea regards lives, although most of them do not certainly its military—and with a risk never seen such devastation …. If you know. Known unknowns are, of course, practitioners, there are answers to the its nuclear program as “an important involve nitrous oxide. Learning from that the civilian population will be go on indefinitely, you are perpetrating not necessarily a problem, as gaps in questions one can sometimes feel too deterrent to external aggression and the mistakes of others is clearly endangered. These factors should be a slaughter such as I have never heard knowledge can be filled with research. reticent to ask (can I take the staple a security guarantee for the regime’s preferable to making them oneself. weighed against the historical events of in the history of mankind.” But unknown unknowns are outright out of an original affidavit before survival”, a quote from Dursun Peksen In that endeavour, Handy Hints has recorded in this book. The level of bombing was such that perilous. photocopying it?) and useful primers from the Korea Economic Institution of earned a place on the bookshelf of The author criticises the American not only were more bombs dropped on Fortunately, Gordon Lewis, Emilios on topics as diverse as privilege, America, 23 July 2016. both the budding and the experienced endeavour to obtain UN authority Korea than in the whole of the Pacific Kyrou and Nuwan Dias come to the contempt, duties and undertakings. Pembroke also reviews the position practitioner. to attack across the 38th parallel, during World War II, “but more of what rescue in all three categories—known- The book does not shy away from

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eorgia Berlic has provided Bar News with photos Gof her one year old daughter Francesca Hume, “taking a break from working up her brief to read the Bar News”. The Editors note that any aspirational parent would be pleased to see Francesca’s rather more marked enthusiasm for Volume 2 of the 1991 Victorian Reports.

My Dog Ate It his work of art which we think was Tauthored by a barrister with a bit of downtime, was observed recently in the Geelong Court OPP office. Bar News decided it had to be captured for posterity. Please come forward if you are the cartoonist and would like attribution. If you’re not but believe you are equally talented, do provide us with your contribution, and if we like it, we’ll publish.

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