VICTORIAN No. 123 ISSN 0150-3285BAR NEWS SUMMER 2002 Changing of the Guard Welcomes: Justice Redlich, Justice Williams, Justice Young, Chief Judge Rozenes, Judge Bourke, Judge Coish and Judge Gaynor Farewells: Judge Hassett and Judge Jones Ceremonial Sitting to Mark the Sesquicentenary of the County Court of Victoria Robes and Rehabilitation: How Judges Can Help Offenders “Make Good” The New Essoign Club: Developing the Plan Recent Activities of Bar’s Legal Assistance Committee Charles Francis Retirement Youth and Family XVI World Congress Bar Hockey 3 VICTORIAN BAR NEWS No. 123 SUMMER 2002 Contents EDITORS’ BACKSHEET 5 And Then There Were Three CHAIRMAN’S CUPBOARD 7 Maintaining “Professional Standards” PRACTICE PAGE 9 Legal Profession Tribunal: Publication of Orders WELCOMES 10 Justice Redlich 11 Justice Williams Welcome: Justice Welcome: Justice Welcome: Justice 11 Justice Young Redlich Williams Young 12 Chief Judge Rozenes 13 Judge Bourke 14 Judge Coish 15 Judge Gaynor FAREWELLS 17 Judge Hassett 18 Judge Jones OBITUARIES 20 Justice Flatman 20 John Birrell 21 Eric Hewitt ARTICLES 22 Ceremonial Sitting to Mark the Welcome: Chief Judge Welcome: Judge Welcome: Judge Coish Sesquicentenary of the County Court of Rozenes Bourke Victoria 27 Robes and Rehabilitation: How Judges Can Help Offenders “Make Good” 32 The New Essoign Club: Developing the Plan 34 The New Essoign Club: The Nuts and Bolts NEWS AND VIEWS 37 Recent Activities of Bar’s Legal Assistance Committee 38 Charles Francis Retirement 41 Verbatim 44 Youth and Family XVI World Congress SPORT Bar Hockey 47 Welcome: Judge Farewell: Judge Farewell: Judge Jones LAWYER’S BOOKSHELF Gaynor Hassett 50 Books Reviewed 50 CONFERENCE UPDATE Cover: Photographed at the 150th Sesquicentenary celebrations of the County Court on 18 November 2002, Michael Rozenes QC (left) and Chief Judge Glenn Waldron (right), anticipating the imminent “changing of the guard” with Judge Waldron’s retirement after 23 years as Chief Judge, and the elevation of Michael Rozenes to Chief Judge of the County Court. See story pages 22–26). Robes and The New Essoign Club: Developing the Plan Rehabilitation 3 Victorian Bar Council VICTORIAN BAR COUNCIL Chair of Standing Committees of the Bar Council for the year 2002/2003 Aboriginal Law Students Mentoring Committee *Executive Committee B Kaye QC, S.W. Clerks: Applications Review Committee H *Rush QC, J.T. (Chairman) W Brett QC, R.A. W *Brett QC, R.A. (Senior Vice-Chairman) Conciliators for Sexual Harassment and Vilification B *Ray QC, W.R. (Junior Vice-Chairman) B Curtain QC, D.E. G *Howard QC, A.J. Counsel Committee F *Dunn QC, P.A. G Crennan S.C., M.J. A *Shand QC, M.W. (Honorary Treasurer) F *Dreyfus QC, M.A. Equality Before the Law Committee B *McMillan S.C., Ms C.F. B Millane F. G *Crennan S.C., M.J. Ethics Committee F *Quigley, Ms M.L. (Assistant Honorary Treasurer) B McMillan S.C., Ms C.F. H *McGarvie R.W. Human Rights Committee A *Richards Ms J.E. D Fajgenbaum QC, J.I. D *McLeod, Ms F.M. D *Riordan P.J. Legal Assistance Committee W *Neal D.J. G Howard QC, A.J. D *Duggan A.E. Legal Education and Training Committee D *Gronow M.G.R. B Ray QC, W.R. B *Coombs, Ms D.J. Past Practising Chairmen’s Committee F Knight, Ms K.J. G Berkeley QC, H.C. D *Attiwill R.H.M. (Honorary Secretary) Professional Indemnity Insurance Committee D *Moore Ms S.E. (Assistant Honorary Secretary) A Shand QC, M.W. Ethics Committee Victorian Bar Dispute Resolution Committee S Martin QC, W.J. B McMillan S.C., Ms C.F. (Chair) H Merralls AM, QC, J.D. Victorian Bar Theatre Company Steering Committee S Willee QC, P.A. A Derham QC, D.M.B. S Lally QC, W.F. P Bartfeld QC, M. F Dreyfus QC, M.A. D Clark S.C., P.H. G Lacava S.C., P.G. H Lewis G.A. A Macaulay C.C. M Clelland, N.J. F Quigley, Ms M.L. F Shiff, Ms P.L. G Judd, Ms K.E. D Riordan P.J. VICTORIAN BAR NEWS William F. Gillies, Carolyn Sparke, Printed by: Impact Printing Editors Georgina Schoff, Paul Duggan, Peter 69–79 Fallon Street, Gerard Nash QC, Paul Elliott QC and A. Clarke, Nicola Gobbo, Victoria Brunswick Vic. 3056 Judy Benson Lambropoulos, Richard Brear This publication may be cited as (Editorial Assistant) and Peter (2002) 123 Vic B.N. Editorial Board Lithgow (Book Reviews) Advertising Julian Burnside QC David Johns (Photography) Publications Management Pty Ltd Jack Rush QC 38 Essex Road, Surrey Hills, Graeme Thompson Published by The Victorian Bar Inc. Owen Dixon Chambers, Victoria 3127 Editorial Consultant 205 William Street, Melbourne 3000. Telephone: (03) 9888 5977 David Wilken Facsimile: (03) 9888 5919 Registration No. A 0034304 S E-mail: [email protected] Editorial Committee Opinions expressed are not necessarily John Kaufman QC, Olyvia Nikou S.C., those of the Bar Council or the Bar. 4 5 Editors’ Backsheet And Then There Were Three STUTE readers of Bar News will have noticed in the last edition a Anew face in the photograph at the head of this column. Who is this unfamiliar thorn between the two familiar roses? Judy Benson has been at the Bar for nearly five years though to her it feels like only five minutes. In an earlier life she spent nearly two decades — from 1978 to 1996 — in the book publishing world, first as editor, then as publisher and manager, of a number of tertiary, educational and university press pub- lishers in both Sydney and Melbourne. Readers will be familiar with the names of many of these organisations, university presses such as the University of NSW, Oxford and RMIT; scholarly, educational and general publishers such as Allen & Unwin, Pitman/Longman, and legal pub- lisher Butterworths, where she started out in 1978 as a book editor then editor of their loose-leaf services prior to the days welcomes to the Bench from its ranks, of electronic publishing. (As she recalls and it is pleasing to be able to report that everyone used manual typewriters then In the dying days of the Editors have had to work overtime — how times have changed in such a October this year the for the past three years to keep up with relatively short period of time.) There was Victorian Bar Council the number of welcomes following the even a stint in the late eighties working announcement of appointments. There with Eve Mahlab to develop the publica- received from the A-G have been numerous appointments to tions side of her enterprising directory/ a bundle of documents the magistracy, as well as to the County diaries business. amounting to over 105 and Supreme Courts made by Attorney- Now at the Bar she decided to put her General Rob Hulls in the life of the Bracks background experience and knowledge at closely typed pages Labor Government. the Bar Council’s disposal, and so as if by comprising commentary We wait and see what will tumble out magic, here she is. Other interests include and text on the ASIO of Santa’s sack in the new year for those opera and travel; she once owned and hopeful of a judicial life. managed an antiques shop in Sydney; she Legislation Amendment has lectured and tutored at university in (Terrorism) Bill 2002 TERROR AUSTRALIS Latin and Ancient History; and she repre- which is under scrutiny War and the threat of war appears to have sented Victoria in competition croquet for been averted at least temporarily by Iraq’s two years. by the Senate Legal and acquiescence to the UN Security Council’s Although she has some ideas of her Constitutional References Resolution requiring weapons inspectors own for Bar News, she would be inter- Committee Inquiry. to enter Iraq and scrutinize the country’s ested to encourage a range of other sug- numerous installations after a hiatus of gestions from colleagues in the profession Comment was sought and some four years. The inspectors fly out so that this august journal will evolve into required by 7 November. to start undertaking their mission within a vehicle of increasing relevance to us all. days; for the sake of world peace the complete surprise arising from the last international community hopes they have SILLY SEASON State election is cautionary in predicting courage and purpose. It’s election time and Victoria is in hus- whether a result will be clear on the night But the other war, against terrorism, tings mode. At the time of writing, polling or even shortly thereafter. Bar News has continues unabated not least within the day is a fortnight hence. Memory of the traditionally made a feature of reporting bunkers of the Commonwealth Attorney- 4 5 General’s Department. In the dying days As a profession we have the obligation would say palatial, quarters on the old of October this year the Victorian Bar to ask whether the threat of terrorism ABC site. A formal farewell to His Honour Council received from the A-G a bundle of requires such extreme measures and why will be publiched in the next issue of Bar documents amounting to over 105 closely the measures and methods known only too News, as will welcomes for Judges Howie typed pages comprising commentary and well in the criminal law should not apply and Campton. text on the ASIO Legislation Amendment here as well; as a community, we should The Editors (Terrorism) Bill 2002 which is under scru- demand that our elected representatives tiny by the Senate Legal and Constitutional explain to us in clear and unambiguous References Committee Inquiry.