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New Kidd on the Block Reporting The 158 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 158 SUMMER 2015/16 VICTORIAN New Kidd on the block Meet the new Chief Judge of the County Court BAR Reporting the law NEWS A history of the CLRs President Maxwell 10 years on Bar Legends 2015 158 New Silks: Read all about them on page 104 Hi-Res PDF - GOOD For Print SIGN OFF BOX GrD PrM AcD ACCESS YOUR VIC BAR MEMBER BENEFITS NOW Access to commercial Access to exclusive Special offer for Exclusive deals for Receive Corporate Offer pricing across a wide family and friends Vic Bar Members with you and your family or 10% car rental discount range of goods discounts Momentum Energy off the best rate of the day Corporate Program, Corporate Program, Preferential Pricing and Corporate Program, Discounted Membership Access to amazing travel including including 5 Years Free Service including to airport club lounges benefits including your 3 Years Free Service 3 Years Free Service 3 Years Free Service own leisure travel expert to customise your dream holiday. VIC BAR MEMBERS CAN SAVE TIME AND MONEY on any new car by following these 6 simple steps RESEARCH ORDER Decide on a vehicle to purchase by using the internet, reading Takes around 10 minutes by phone. MBA Car Assist will order 1 motoring magazines, talking to people and, most of all, feel free to 4 the vehicle on your behalf from the winning dealer on the tender. give us a call for some independent advice. (We don’t sell cars - we buy thousands of cars each year at prices individual buyers can’t access). TEST-DRIVE DELIVERY Pop down to your local dealer and take your chosen car for a test- You will be kept up to date as to estimated delivery times and at 2 drive or contact us to find out how we can arrange a test-drive for 5 your convenience, your new vehicle will be delivered to your home you at your home or office. or work with a full tank of fuel. MBA CAR ASSIST NATIONAL TENDER AND CORPORATE BENEFITS PROGRAM* VEHICLE FINANCE OPTIONS Many of our car suppliers offer special Corporate Benefits which 3 Relax and let us take care of the rest. Using our unique national 6 can include FREE SERVICING for up to 5 years, courtesy cars tendering process, we will invite multiple dealers to compete for and much more. your business. Our buying power and trade contacts will ensure that the new car price and trade-in value will save you precious time and *Corporate Program applies to Mercedes-Benz, Audi, BMW & Lexus vehicles only. money. Tailored finance options available. 1. MBA Car Assist is a subsidiary of MBA Pty Ltd. 2. MBA Car Assist tenders out certain brands of vehicles. 3. Other brands of vehicles are setup through a preferred dealership network. 4. This can change at any stage. TO ACCESS THESE GREAT SAVINGS: www www.vicbar.com.au 1300 119 493 [email protected] ISSUE 158 SUMMER 2015/16 VICTORIAN News and Views Editorial BAR 40 Evidence in international commercial Lost and found 3 arbitration: MURRAY GLEESON THE EDITORS 46 An interview with President Letters to the editors 4 NEWS Chris Maxwell AC GEORGINA COSTELLO Caption competition 6 AND NATALIE HICKEY President’s report 7 PAUL ANASTASSIOU 50 A reflection on the Hon Michael Rozenes AO QC From the outgoing President 8 GEORGE HAMPEL JAMES WS PETERS 54 Marriage equality MATT COLLINS Around town 61 Book launch: Insolvent Investments 10 Victorian Bar legends JULIE DODDS-STREETON 12 Launch of the National Courts 64 Interview with Peter Kidd - Chief and Tribunals Academy Judge of the County Court VBN FIONA MCLEOD 18 69 In conversation with Cristof Heyns 14 Farewell to a Governor EUGENIA LEVINE DAVID J O’CALLAGHAN 70 The Intellectual Property Enterprise 18 The Emerson collection: Court of England and Wales a passion for books PETER VICKERY WILL HOUGHTON The Bar library 22 Bar Lore NATALIE HICKEY 74 The killing at Devils River The Heerey Collection – 23 KEN OLDIS donation to the Bar library 80 50 years of the CLRs Q & A with Victoria’s 24 J D MERRALLS new Governor VBN 24 86 A case in history CLIFF PANNAM A trip to Uganda 26 ASHLEY HALPHEN Back of the Lift Launch of the latest 27 95 Adjourned Sine Die Annotated VCAT Act 54 96 Silence all stand BEN JELLIS CommBar Cocktail Party 28 99 Vale CommBar & Combar 30 101 Gonged London 2016 conference 102 Quarterly Counsel PAUL HAYES 103 Victorian Bar Readers A charter for change 31 103 Victorian Bar council KATHLEEN FOLEY 104 New Silks Q&A The silver cigarette case 32 LUKE HOWSON Boilerplate A dinner to mark the 34 108 A bit about words JULIAN BURNSIDE retirement of the Honourable Susan Crennan AC QC 64 110 Music Column ED HEEREY JEFF GLEESON 115 Book Reviews The Bar/LIV conference 38 116 Off the Wall SIOBHÁN RYAN JUSTIN HOOPER AND MIN GUO 119 Food and Drink SCHWEINHAXE Bar v LIV hockey match report 39 120 Red Bag Blue Bag MORGAN BROWN 1 VBN VBN 3 ISSUE 158 SUMMER 2015/16 VICTORIAN BAR Editorial NEWS Editors: Georgina Schoff QC and Georgina Costello. Victorian Bar News Editorial Committee: Georgina Schoff QC, Georgina Costello (Editors), Anthony Strahan, Maree Norton, Annette Charak, (Deputy Editors), Justin Wheelahan, Catherine Pierce, Brad Barr, Jesse Rudd, Natalie Hickey, Denise Bennett and Sally Bodman. Editorial Advisor: Peter Barrett. Contributors: (In alphabetical order) Paul Anastassiou QC, Jonathan Brett SC, Michelle Britbart SC, Morgan Brown, Jim Buchecker, His Honour Judge Philip Burchardt, Julian Burnside AO QC, Michael Clarke, Matthew Collins QC, Michael Corrigan, Georgina Costello, the Hon Susan Crennan AC QC, Dermot Dann SC, Jonathan Davis SC, the Hon Julie Dodds-Streeton QC, Michael Flynn SC, Kathleen Foley, Murray Gleeson AC, Jeff Gleeson QC, Min Guo, Daniel Gurvich SC, Ashley Halphen, the Hon George Hampel AM QC, Paul Hayes, Mark Hebblewhite, the Hon Peter Heerey AM QC, Ed Heerey SC, Natalie Hickey, Justin Hooper, Christopher Horan SC, Sam Horgan QC, Lost and found Will Houghton QC, Luke Howson, Ben Jellis, Tom Keely SC, Eugenia Levine, Áine Magee SC, Andrew McClelland SC, Timothy McEvoy, Fiona McLeod GEORGINA SCHOFF & GEORGINA COSTELLO, EDITORS SC, Jim Merralls AM QC, David O’Callaghan QC, Christopher O’Grady SC, Paul O’Grady SC, Ken Oldis, Clifford Pannam QC, Malcolm Park, Max he late and much loved Dr John Emmerson QC Perry, James WS Peters, Trevor Rosen, Jesse Rudd, Siobhan Ryan, Georgina Schoff QC, Jeff Sher QC, bequeathed his valuable collection of rare books Joel Silver, Anthony Strahan, Andrew Strum SC, and manuscripts to the State Library. Quite apart Megan Tittensor, Wayne Toohey, the Hon Justice from the texts themselves, what is intriguing about Peter Vickery, Simon Whelan, Michael Whitten SC, Peter Willis SC, Christopher Winneke SC, Anthony Dr Emmerson’s collection is how he went about Young SC. amassing it. On page 18 of this issue Will Houghton Photo contributors: Peter Bongiorno, Richard reveals how Dr Emmerson brought his methodical scientific mind to the Crawley, Mark Duffus, Justin Hill, Neil Prieto, Simon task of hunting down magnificent 15th to 18th Century books. Tisher, Matthew Townsend. Cover Illustration: Guy Shield Few people are as studied in the art of arranging collected pieces of Publisher: The Victorian Bar Inc., Level 5, Owen writing as James Merralls QC. As editor of the Commonwealth Law Dixon Chambers, 205 William Street, Melbourne TReports for 45 years, Merralls knows how to compile. On page 80 VIC 3000. Registration No. A 0034304 S. Merralls gives us a human face to the otherwise austere 254 volumes The publication of Victorian Bar News may be cited as (2015) 158 Vic B.N. Opinions expressed are not which comprise the CLRs. necessarily those of the Bar Council or the Bar or of In each Victorian Bar News, Siobhan Ryan writes a column about any person other than the author. one work in the Bar’s portrait collection. In the last issue of VBN, she Advertising: wrote about a portrait of Sir Isaac Isaacs by Percy White. The way the All enquiries including request for advertising rates to be sent to: Bar acquired the painting, the way the High Court acquired a long lost Sally Bodman version of the same painting and the role of the artist’s grandson in both The Victorian Bar Inc. acquisitions is a remarkable story. In this issue, a letter to the editors Level 5, Owen Dixon Chambers 205 William Street, Melbourne VIC 3000 from Jeff Sher QC gives us a glimpse at the luck sometimes required to Tel: (03) 9225 7909 add a lost treasure to a collection. Email: [email protected] Emmerson went about collecting items in a planned way. The CLRs is Design and production: The Slattery Media Group; a collection predictable in its form of compilation (if not in its content). www.slatterymedia.com While the Bar’s acquisition of portraits is somewhat based on planned Contributions: Victorian Bar News welcomes contributions to [email protected] commissions, other pieces are generously and unpredictably donated. And so it is with Victorian Bar News. There are pieces we commissioned for this issue, such as: an interview with newly appointed County Court BACK ROW: Anthony Strahan (Deputy Editor); Chief Judge Peter Kidd; a reflection about former Chief Judge of the Georgina Costello (Editor); Georgina Schoff QC (Editor); County Court, Michael Rozenes; and Dr Matt Collins QC’s powerful Brad Barr; Denise Bennett FRONT ROW: Jesse Rudd; Annette Charak (Deputy Editor); Natalie Hickey; essay on marriage equality. Justin Wheelehan ABSENT: Maree Norton (Deputy Editor); Catherine Pierce and Sally Bodman.
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