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Summer 2019/20 Victorian Bar News

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Summer 2019/20 Victorian Bar News 166 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 166 SUMMER 2019/20 VICTORIAN BAR NEWS What is ‘GOOD LEGAL WRITING’? Where Lessons from the bench we come and elsewhere from II Who are Reflections on our new SUMMER 2019/20 Key‘Advocates Visual 22 for Change’ Silks? 166 Plus: Our interview with the Chief Justice of the Family Court ISSUE 166 SUMMER 2019/20 VICTORIAN editorial Editorial 50 Where we come from II The power of our community: 5 BAR HAROON HASSAN AND VERONICA HOLT telling stories, saying what we 56 Advocates for change: lessons from think, helping each other a consciousness-raising experience THE EDITORS NEWS NATALIE HICKEY Letters to the editors 7 60 Turn that frown upside down? Who’s taking that speccy? 9 Why happiness may be overrated Reflections of a two-term president 10 NATALIE HICKEY AND MEG O’SULLIVAN MATT COLLINS 62 Hands up: your student The future is ours to build 13 engagement committee at work KATHERINE LORENZ AMANDA BURNNARD, ERIN HILL AND GERARD O’SHEA Around Town 64 What remedies are available under Stephen Charles AO QC: 16 the Charter? a princely portrait by 36 THE HON JUSTICE PAMELA TATE, JUSTICE Ralph Heimans AM OF THE COURT OF APPEAL SIOBHÁN RYAN 66 Professional negligence claims The Federal Government’s 19 at the Bar treatment of Timor-Leste LEGAL PRACTITIONERS’ LIABILITY THE HON STEPHEN CHARLES AO QC COMMITTEE Junior Bar Conference 2019 21 68 Free access to legal information— VERONICA HOLT AND HADI MAZLOUM Are we taking a basic civil liberty Victims of crime in thecourtroom: 22 for granted? guide for judicial officers launched ANTHONY PERL AND RICHARD HUNTER ANNETTE CHARAK Bar Lore Launch of the Good Conduct 23 70 The Bar and the Eureka Guide (second edition!) Treason Trials JESSE RUDD 40 DR PETER YULE AND DR GONZALES The International Commission 24 VILLANUEVA of Jurists, 2019 Victoria dinner CAMPBELL THOMSON Back of the Lift Barristers v Solicitors football match 26 74 Adjourned Sine Die DUGALD MCWILLIAMS 75 Silence all stand Barristers take home the 29 76 Vale silverware at last! 84 Victorian Bar Readers JENNIFER BATROUNEY 86 Victorian Bar Council 2019-2020 News and Views 89 2019 Silks Q&A To prorogue or not to prorogue 32 Boilerplate BY PETER HEEREY AND DAVID FELDMAN 94 Interview with the Honourable 36 50 A bit about words JULIAN BURNSIDE Chief Justice Alstergren CARMELLA BEN-SIMON 96 Red bag blue bag AND ANNETTE CHARAK 98 Then and now - chambers Improving our written submissions 40 with views THE HON ANNE FERGUSON, THE HON CAMPBELL THOMSON IN CONVERSATION MELINDA RICHARDS, THE HON KEVIN LYONS WITH PHILIP DUNN QC AND DION FAHEY 43 A third edition of Jesting Pilate 100 The stage versus the cage – the JUSTIN WHEELAHAN sanctity of life, as seen by others 44 An interview with Jock Serong HADI MAZLOUM JUSTIN WHEELAHAN 102 Tips for the day to day – Taxing The Last step to technical 47 matters: judgments and settlements excellence: how to proofread MICHAEL BEARMAN ANNETTE CHARAK 56 VBN 3 ISSUE 166 SUMMER 2019 VICTORIAN BAR Editorial NEWS Editors: Natalie Hickey, Justin Wheelahan and Annette Charak. Victorian Bar News Editorial Committee: Natalie Hickey, Justin Wheelahan, Annette Charak (Editors), Maree Norton, Brad Barr, Jesse Rudd, Campbell Thomson, Tony Horan, Haroon Hassan, Hadi Mazloum, Carmella Ben-Simon, Veronica Holt, Reiko Okazaki, Meg O’Sullivan, Denise Bennett, Amanda Utt and Sarah Harrison Gordon. Contributors: Professor Kate Auty, Jennifer Batrouney QC, Michael Bearman, Miguel Belmar, Carmella Ben-Simon, Oren Bigos SC, Matthew Bromley, Amanda Burnnard, Julian Burnside AO QC, The Hon Justice Tony Cavanough, Annette Charak, The Hon Stephen Charles AO QC, Phillip Coish, Dr Matt Collins AM QC, Art STANDING L-R: Denise Bennett, Jesse Rudd, Campbell Thompson, Sarah Harrison-Gordon, Hadi Mazloum, Veronica Holt & Collections Committee, Legal Practitioners’ SEATED L-R: Carmella Ben-Simon, Annette Charak, Justin Wheelahan, Maree Norton, Natalie Hickey Liability Committee, Georgina Costello SC, Robert ABSENT: Meg O’Sullivan, Tony Horan, Brad Barr, Haroon Hassan, Reiko Okazaki, Amanda Utt Craig SC, Lisa De Ferrari SC, Renee Enbom SC, David Feldman QC, The Hon Chief Justice Anne Ferguson, Marita Foley SC, Malcolm Harding SC, Matthew Harvey SC, Her Honour Judge Anne Hassan, Sam Hay SC, The Hon Peter Heerey AM The power of our community: QC, Natalie Hickey, Erin Hill, The Hon Judge Fran Hogan, Veronica Holt, Richard Hunter, Richard telling stories, saying what we Knowles SC, Katherine Lorenz, The Hon Justice Kevin Lyons, Hadi Mazloum, Ian McDonald SC, Murray McInnis, Dugald McWilliams, Ronald think, helping each other Meldrum QC, Paul O’Dwyer, Reiko Okazaki, Patrick O’Shannessy SC, Gerard O’Shea, Meg O’Sullivan, Patrick Over, Anthony Perl, Maurice NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK Phipps QC, Karina Popova, Diane Preston, Neil Win. Win. Rattray, The Hon Justice Melinda Richards, Jesse Rudd, Siobhan Ryan, Charles Scerri QC, Bruce Shaw, Charles Shaw SC, Jeremy Slattery SC, John vibrant sense of community springs from the pages of Bar News Unbeatable extras. Exceptional value. Smith, Rozeta Stoikovska SC, The Hon Justice Pamela Tate, Campbell Thomson, The Hon Justice Issue 166. There are interviews galore, more stories about where Andrew Tinney, His Honour Judge Michael Tinney, we came from, tales of sporting endeavours, legal tips, strongly At Mercedes-Benz, it’s a win-win with outstanding value and extras across an exhilarating line-up. Jack Tracey, Dr Gonzales Villanueva, John Werner, expressed opinions, and experiences imparted. It calls to mind the expression, Featuring the GLA 180 with Metallic Paintwork, B 180 with Panoramic Glass Sunroof, C 200 Sedan Justin Wheelahan, Peter Willis SC, Dr Peter Yule, ‘strength lies in differences, not similarities’. There is something powerful ^ Photography: Jennifer Batrouney QC, Peter A and Coupé with AMG Line Bodystyling – and much more. So whichever model you choose, you win. Bongiorno, Wayne Harley, Dugald McWilliams, about a sense of inclusion which does not involve the deprivation of our Plus, you could also benefit from the Mercedes-Benz Corporate Programme,[1] including: Fairfax Media, Les O’Rourke, Neil Prieto, Vanessa Shambrook Photography, Dan Star QC. individuality. • 3 years complimentary scheduled servicing.[2] Publisher: Victorian Bar Inc., Level 5, Equally powerful is our shared purpose: pursuing the administration of Owen Dixon Chambers East, 205 William [3] justice together. This is where our theme, ‘Good Legal Writing’ comes in. • Reduced retailer delivery fee. Street, Melbourne VIC 3000. Registration Written advocacy has become so important to legal practice in the last decade. • Total of 4 years Mercedes-Benz Road Care nationwide. No. A 0034304 S The publication of Victorian Bar News may be Written submissions are included in many pre-trial timetables as a matter of • Pick-up and drop-off or access to a loan car when servicing your vehicle.[4] cited as (2018) 164 Vic. B.N. course. Courts now frequently hear and determine ‘on the papers’ applications Opinions expressed are not necessarily those of the and appeals. Did the term ‘on the papers’ even exist 15 years ago? We asked Visit your participating retailer today. Bar Council or the Victorian Bar or of any person other than the author. Julian Burnside QC. He may not know exactly when it came into usage, but Advertising: All enquiries including requests says the term rather speaks for itself. for advertising rates to be sent to: This focuses the mind on what we should write. For some, the urge to Sarah Harrison-Gordon Victorian Bar Inc. channel our inner Margaret Atwood is joyful. For others, it is more desirable photo courtesy of peter bongiorno courtesy photo Level 5, Owen Dixon Chambers East to prepare income tax statements in an airless room. Whatever the case, 205 William Street, Melbourne VIC 3000 Tel: (03) 9225 7909 writing legal submissions can feel at times like wrestling a wild beast. Email: [email protected] To help understand what makes persuasive written advocacy, we asked Illustrations, design and production: the decision makers. Sincere thanks to Chief Justice Ferguson, and to Justice Guy Shield — www.guyshield.com ^ Offer available on new, standard specification GLA 180 Urban Edition, B 180 Sport Edition and C 200 Sedan & Coupé Printed by: Southern Colour Richards and Justice Lyons for their reflections. The article will tell you which Sports Edition ordered and delivered between 1 November and 31 December 2019 unless extended. Offer excludes rental, www.southerncolour.com.au Supreme Court judge has not yet reached the stage to enjoy ‘any part of government and national fleet customers. Not available in conjunction with any other offer. Offer is not a chance to win. Contributions: Victorian Bar News welcomes 1 2 writing a judgment’. Visit www.mercedesbenz.com.au/win-win for full terms. Corporate Programme is subject to eligibility Available at authorised contributions to [email protected] participating Mercedes-Benz retailers on new and demonstrator passenger cars only. Scheduled servicing is provided through Are there lessons from writing fiction which can help the legal writer? a Service Solutions Pay Upfront Plan, up to 3 years or the relevant mileage-based servicing interval applicable to your model, Jock Serong, former barrister and celebrated Australian author, suggests, whichever occurs first. Please refer to the Owner’s Manual or an authorised Mercedes-Benz retailer to confirm the service interval for your vehicle. 3Not applicable to all models. 4Within 25 km of the servicing retailer and subject to availability. Only available during the period of complimentary servicing offer. Visit the website or your authorised retailers for full terms and conditions. VBN 5 TO Have your Say Victorian Bar News encourages letters to the Editors on topics editorial ‘distillation’. If an idea has not been interview with us. The responses are to fight for your client on two fronts: Letters THE ranging from the meaningful to the mundane.
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