Victorian Bar News
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156 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 156 SUMMER 2014 A very good fellow VICTORIAN The Hon Michael McHugh AO QC on James Merralls AO QC Why we need a federal BAR anti-corruption body NEWS by Stephen Charles Ten years Sir Owen Dixon’s papers at the top Bar lore Two Chief Justices celebrate a milestone 156 The art of the bar: Peter O’Callaghan QC gallery launch Your Member Benefits Have Arrived By harnessing the combined purchasing power of our supporting customers Australia wide, we have been able to access goods and services from participating supplier partners at prices not normally available to individual customers. 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For access to these great savings, please call Member Benefits Australia on1300 119 493 MBA1729_08B_VIC Bar Full Page Ad_Oct14.indd 1 5/11/2014 4:13 pm ISSUE 156 SUMMER 2014 VICTORIAN Editorial 50 Legal profession uniform law: A fair vanity 3 regulation of lawyers has changed THE EDITORS BAR MICHAEL MCGARVIE Letters to the editors 4 54 Commercial arbitration in Asia: Chairman’s report 6 NEWS is the Victorian Bar camping out? From the new Chairman 8 GEORGINA SCHOFF Around town 58 Dr Cliff Pannam QC: advocate, Bar portraits: united at last 9 teacher, scholar, friend SIOBHÁN RYAN GEORGE GOLVAN Indictable Crime Certificate 14 61 Musings on the case of the Committee launch chimney sweep’s boy GEOFFREY EAMES CLIFF PANNAM The French Australian 17 65e Bar lor lawyers society AMY BRENNAN 9 65 Owen Dixon the barrister – Bar v LIV hockey match report 18 no case too small ROBERT HEATH ANDREW DENTON 70 A step back in time An evening with Lord Neuberger 19 VICTORIAN BAR NEWS VICTORIAN BAR NEWS 73 H.B. Higgins: federal father, judge, International commercial 20 rebel JOHN RICKARD arbitration JOHN ARTHUR Copyright: the international 21 Back of the lift agenda CLAIRE CUNLIFFE 78 Silence all stand Victorian Bar and Law Institute 22 81 Vale of Victoria conference 2014 JESSE J RUDD 86 Gonged Victorian Bar Pro Bono 24 40 87 Victorian Bar readers – awards 2014 September 2014 SALLY BODMAN 87 Victorian Bar council 2014-2015 News & views 88 Quarterly counsel 26 44 Bon anniversaire: 10 years into the reign of two Chief Justices Boilerplate GEORGINA SCHOFF & GEORGINA COSTELLO 90 A bit about words – Scrabble JULIAN BURNSIDE Wake up and smell the money: 31 the case for a federal ICAC 92 Red bag blue bag STEPHEN CHARLES 93 Cabs on the rank The James Merralls visiting 36 94 The music column ED HEEREY fellowship in law MICHAEL McHUGH 95 The wine column SARA HINCHEY A whale of a time: Australian 40 96 Restaurant review SCHWEINHAXETTE advocacy in the International 97 Casenote MICHAEL WHEELAHAN Court of Justice MARK DREYFUS 104 Book reviews PAUL DUGGAN, Well-versed: poetry 43 94 J.D. MERRALLS, MICHAEL WHEELAHAN, for Lachie Carter JEREMY TWIGG AND ROSS MACAW CAMPBELL THOMPSON 111 Legal friends of the Melbourne Open justice and the internet: 45 Recital Centre MEREDITH SCHILLING what should the approach & HANNAH PELKA-CAVEN be in Victorian courts? 112 Verbatim GEORGINA SCHOFF ISSUE 156 SUMMER 2014 VICTORIAN BAR Editorial NEWS A fair vanity Editors: Georgina Schoff QC and Georgina GEORGINA SCHOFF & GEORGINA COSTELLO, EDITORS Costello. Victorian Bar New editorial committee: Georgina Schoff QC, Georgina Costello (Editors), Robert elcome to Victorian Bar News edition 156, where we Heath, Anthony Strahan, Maree Norton (Deputy display some of the talents of the Renaissance men and Editors), Catherine Pierce, Justin Hannebery, Annette Charak, Brad Barr, Jesse Rudd, Denise Renaissance women of the Victorian Bar. Among our Bennett and Sally Bodman. barristers are poets and painters, multilingual men and Contributors: (In alphabetical order) Paul Adami, women, some singers and some scholars, an abundance of authors and William Alstergren QC, John Arthur, Richard athletes and a rockstar or two (perhaps rockstar is overstating it, but Attiwill QC, Brad Barr, Nick Batten, Denise Bennett, Georgia Berlic, Sally Bodman, his Honour Wlegend of the Bar, Brian Bourke, did once sit next to Ernest Hemmingway Judge Bowman, Amy Brennan, Philip Brown, on a small plane flight from Cuba to Miami). Julian Burnside AO QC, Annette Charak, the Hon In our News and views section, Dr Cliff Pannam QC has brought a well- Stephen Charles QC, Georgina Costello, Clare Cunliffe, Andrew Denton, Andrew Donald, the known old case alive in his case note. Over the page you’ll find George Hon Mark Dreyfus QC, Paul Duggan, the Hon Golvan QC’s tribute to Dr Pannam, whom he describes as a Renaissance Geoffrey Eames AM QC, Garry Fitzgerald, Bill man. James Merralls AO QC, who is profiled in a speech by the Hon Gillies, Lesley Glick QC, George Golvan QC, Justin Hannebery, Paul Hayes, Sam Hay, Robert Heath, Michael McHugh AC QC on page 36, has himself written a scholarly book Ed Heerey, Sara Hinchey, Katrina Howard, Ross review which you will find on page 105. Macaw QC, Michael McGarvie, the Hon Michael We bring you a new section of the magazine - Bar lore - where we McHugh AC QC, Jim Merralls AM QC, Peter O’Callaghan QC, Cliff Pannam QC, Hannah Pelka- feature photographs of a long lost Owen Dixon brief and continue our Caven, Jim Peters QC, Catherine Pierce, John series of historical profiles. Rickard, Adam Rollnik, Jesse Rudd, Siobhan Ryan, Elsewhere in Bar lore, we have extracted from the Bar News of 30 years the Hon Justice Santamaria, Meredith Schilling, Georgina Schoff QC, Geoffrey Steward, Anthony ago an ethics bulletin about tight restrictions on passing out business cards Strahan, Campbell Thomson, Jeff Thornton, and an article entitled “I put a case on computer”. Consider the contrast Jeremy Twigg SC, Frank Walsh AM QC, Michael between that time and this while you read about the contemporary debate Wheelahan QC Photo contributors: Peter Bongiorno, Jette Baggs- on whether court proceedings should be streamed on the web on page 45. Sargood, John Dever, Justin Hill, Katrina Howard, VBN 156 introduces the first of some new regular columns. In our David Johns, Nicole Papaleo, Neil Prieto music column, Ed Heerey tunes in to digital radio. In our wine column, Cover photo: Peter Bongiorno Sara Hinchey provides timely tips for summer drinks. Our “first and Illustrations: Guy Shield last cab on the rank” column contains a Q & A with our most senior Publisher: The Victorian Bar Inc. Owen Dixon Chambers, 205 William and junior barristers. If you have any ideas for a new kind of Bar News Street, Melbourne 3000. Registration column, please send a note to [email protected]. No. A 0034304 S. The inaugural “first cab” is Peter O’Callaghan QC, the man whose This publication of Victorian Bar News may be cited as (2014) 156 Vic B.N. Opinions expressed name adorns the Bar’s portrait gallery. Beautiful photographs of the are not necessarily those of the Bar Council gallery opening grace pages 9-13. Justice Crennan (who was, to continue or the Bar or of any person other than the author. our theme for this edition, described as a “Renaissance woman” by Advertising Justice Alan Goldberg in 2003) spoke at the gallery opening. All enquiries including request for advertising rates to be sent to: Mr O’Callaghan has written the obituary for Howard Fox QC, describing Ms Sally Bodman him as a barrister “fluent in Latin, Greek and modern languages, including The Victorian Bar Inc. Swahili”. Santamaria JA has written the obituary for Ian Denis McIvor, 205 William Street, Melbourne 3000 describing him as a man who “read everything and read widely. He knew all Tel: (03) 9225 7909 of Dickens and all about Dickens.” photo by peter bongiorno by photo Email: [email protected] Design and Production: The Slattery Media Group; www.slatterymedia.com Contributions: Victorian Bar News welcomes contributions to [email protected].