169 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 169 WINTER 2021 Sexual The Annual Bar VICTORIAN Harassment: Dinner is back! It’s still happening BAR By Rachel Doyle SC NEWS WINTER 2021 169 Plus: Vale Peter Heerey AM QC, founder of Bar News ISSUE 169 WINTER 2021 VICTORIAN BAR editorial NEWS 50 Evidence law and the mess we Editorial are in GEOFFREY GIBSON Not wasting a moment 5 54 Amending the national anthem of our freedoms —from words of exclusion THE EDITORS to inclusion: An interview with Letters to the Editors 7 the Hon Peter Vickery QC President’s message 10 ARNOLD DIX We are Australia’s only specialist broker CHRISTOPHER BLANDEN 60 2021 National Conference Finance tailored RE-EMERGE 2021 for lawyers. With access to all major lenders Around Town and private banks, we’ll secure the best The 2021 Victorian Bar Dinner 12 Introspectives JUSTIN WHEELAHAN for legal professionals home loan tailored for you. 12 62 Choices ASHLEY HALPHEN Surviving the pandemic— 16 64 Learning to Fail JOHN HEARD Lorne hosts the Criminal Bar CAMPBELL THOMSON 68 International arbitration during Covid-19 MATTHEW HARVEY 2021 Victorian Bar Pro 18 Bono Awards Ceremony 70 My close encounters with Nobel CHRISTOPHER LUM AND Prize winners GRAHAM ROBERTSON CHARLIE MORSHEAD 72 An encounter with an elected judge Moving Pictures: Shaun Gladwell’s 20 in the Deep South portrait of Allan Myers AC QC ROBERT LARKINS SIOBHAN RYAN Bar Lore Ful Page Ad Readers’ Digest 23 TEMPLE SAVILLE, HADI MAZLOUM 74 No Greater Love: James Gilbert AND VERONICA HOLT Mann – Bar Roll 333 34 BY JOSEPH SANTAMARIA Justice Pamela Tate 26 JENNIFER BATROUNEY Back of the Lift Celebrating the life of 30 78 Adjourned Sine Die Peter O’Callaghan QC 81 Silence all stand JEFF GLEESON QC 83 Vale Barefoot Bowls starts 33 91 off 2021 in style Tribute to The Hon Peter Cadden CAROLINE PATERSON Heerey AM QC 93 Victorian Bar Readers News and Views 93 Victorian Bar Council Sexual Harassment: 34 it’s still happening Boilerplate RACHEL DOYLE SC 40 94 Red Bag, Blue Bag How remote? Videolinks and 40 96 A bit about words justice in Victorian Courts JULIAN BURNSIDE TOM BATTERSBY 98 Language matters You’re almost 20, Corporations Act 44 PETER GRAY Pause for Thought? The Case for 46 101 Book reviews Reversing the Abolition of TREVOR MONTI & PETER HEEREY De Novo Criminal Appeals 104 Verbatim: A Bar News tradition MICHAEL STANTON AND THE EDITORS PAUL SMALLWOOD CHAT TO US TODAY: (02) 9030 0420 [email protected] Level 21, 133 Castlereagh St. www.legalhomeloans.com.au Sydney NSW 2000 74 VBN 3 ISSUE 167 WINTER 2020 VICTORIAN Editorial BAR NEWS Editors: Natalie Hickey, Justin Wheelahan, and Annette Charak VBN Committee: Natalie Hickey, Justin Wheelahan, Annette Charak, Carmella Ben-Simon, Campbell Thomson, Michael Wise QC, Stephen Warne, Tony Horan, Amy Wood, Temple Saville, Brad Barr, John Tesarsch, Jesse Rudd, Hadi Mazloum, Shanta Martin, Veronica Holt, Denise Bennett, Amanda Utt. Contributors: Jennifer Batrouney AM QC, Tom Battersby, Nicholas Baum, Liz Bennett, Christopher Blanden QC, Amanda Burnnard, Julian Burnside AO QC, David Carolan, Peter Chadwick QC, Annette Charak, Manu Choudhary, R P Dalton QC, Lucy Dawson, Nadia Deltondo, Arnold Dix, Rachel Doyle SC, Kylie Evans, Geoffrey Gibson, Bill Gillies, Jeff Gleeson QC, The Hon Professor Peter Gray AM, Peter Gray QC, Ashley Halphen, Monique Hardinge, Matthew Harvey QC, Robert Hay, John Seated L-R: Hadi Mazloum, Michael Wise QC, Natalie Hickey, Justin Wheelahan Heard, Rob Heath QC, Peter Heerey AM QC, Standing L-R: Temple Saville, Annette Charak, Campbell Thomson, Carmella Ben-Simon, Tony Horan Natalie Hickey, Veronica Holt, William Houghton Absent: Stephen Warne, Amy Wood, Brad Barr, John Tesarsch, Jesse Rudd, Shanta Martin, Veronica Holt, Denise Bennett, QC, Andrew Ingram QC, William Isdale, Robert Amanda Utt Larkins, Lucy Line, Grant Lubofsky, Christopher Lum, Kate Lyle, Hadi Mazloum, Liam McAuliffe, Trevor Monti QC, Charlie Morshead, Julia Nikolic, Anna O’Callaghan, Lara O’Rorke, Caroline Not wasting a moment Paterson, James Penny, Nicholas Petrie, Joanne Poole, Tom Porter, Graham Robertson, Siobhan Ryan, Tim Ryan, The Hon Joseph Santamaria QC, Temple Saville, Peter Searle, Gavin Silbert QC, of our freedoms Nicholas Simoes de Silva, Paul Smallwood, J X Smith, Michael Stanton, Evelyn Tadros, The Hon Pamela Tate SC, Campbell Thomson, Julia Wang, NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK Michael Waugh, Justin Wheelahan, Ella Zauner Photography/Images: Nicholas Baum, Bigstock, Peter Bongiorno, Amanda Burrnard, David Caird, he new normal of 2021 doesn’t feel very normal. Despite or Manu Choudhary, Nadia Deltondo, Geelong because of this, the determination of Victorian barristers to Building mental fitness... Grammar Archives, Bill Gillies, Monique Hardinge, John Heard, Kate Lyle, Liam McAuliffe, W embrace all that our professional and social community has Melbourne, Julia Nikolic, Lara O’Rorke, Caroline to offer leaps from the pages of this Winter issue of Bar News. Paterson, James Penny, Nicholas Petrie, Andrew From the get-go this year, we have been inundated with Together Ingram QC, Graham Robertson, Tim Ryan, Showtime Events Group, Trinity College Archives, articles and photographs from barristers enthusiastic to Julia Wang, Ella Zauner. document the social gatherings we no longer take for granted. We have Manager Publisher: Victorian Bar Inc., Level 5, Owen Dixon celebrated being physically together with unusual intensity. The Criminal Chambers East, 205 William Street Melbourne Free Assist VIC 3000 Bar came together for a conference in Lorne after a challenging 2020. Career Registration No. A 0034304 S Family law practitioners engaged in barefoot bowls. Pro bono contributions Member The publication of Victorian Bar News may be were awarded. Lives and careers were acknowledged and celebrated. Art Assist cited as (2021) 169 B.N. T Assist formed a focal point once again. Confidential Opinions expressed are not necessarily those Member of the Bar Council or the Victorian Bar or of any In-person court appearances returned for many, often with instructors Assistance person other than the author. appearing virtually or via other hybrid arrangements. We adapted. Hygiene Available for up to Family Conflict Advertising All enquiries including requests for Program advertising rates to be sent to: and the efficient administration of justice sometimes sat awkwardly together, 5 sessions per issue Assist Assist Mia Montagliani becoming matters to negotiate and navigate. Judges and barristers discussed Victorian Bar Inc. the use of hard copy court books with witnesses. Barristers in some courts of peter bongiorno courtesy photo Level 5, Owen Dixon Chambers East Nutrition 205 William Street were asked to bring their own water bottles—jugs and glasses were no longer Money Melbourne VIC 3000 available except with the clandestine assistance of fantastic court staff. & Lifestyle Tel: (03) 9225 7111 Assist Seating became a commodity with many seats blanketed in ‘police tape’ to Assist Email: [email protected] Find out more or book an appointment: Illustrations, design and production: encourage social distancing. Guy Shield - www.guyshield.com We recognise the remarkable achievement of the Victorian Bar (and, in Printing: Southern Impact particular, the organisers) in hosting almost 600 barristers at the 2021 Bar • 1300 our eap (1300 687 327) www.southernimpact.com.au Contributions: Victorian Bar News welcomes Dinner. Our photospread reveals a sparkling evening. • [email protected] contributions to [email protected] We were in denial that we faced yet another lockdown as our publishing • www.convergeinternational.com.au deadline loomed. The experience was—as it was for everyone—flattening. VBN 5 editorial Yet the friendship, collegiality and unstinting efforts of our VBN TO THE committee of volunteers motivated us to bring this issue to fruition. Letters Editors It does not surprise, in an environment where we cannot editorial editorial assume any swift snap-back to ‘life before’, that many barristers have written nostalgically of past experiences, or become more inward-focussed and reflective. We have compiled a new section, ‘Introspectives’, which groups these moving and warm articles. They Silbert’s article concerning Pell remind us of the precious, supportive community to which we belong. The spectrum of content we received, from an article on Peter v The Queen in (2020) 168 Vic. B.N Vickery QC’s part in drafting a new verse for Australia’s national ear Editors, the second alleged victim to refute numerous sacred objects from the anthem, to Graham Robertson’s encounters with F.A. Hayek and Gavin Silbert QC’s article the allegations. sanctuary near the altar to that room. Lech Wał sa, reminded us that our common interests in justice can ę in issue 168 of the Bar Silbert objects to any journalist These basic facts invite incredulity transcend our differences. D News (Summer Edition) leaves, who has asserted, since the High but, in addition, there were Victorian Bar News is also known for its penetrating analysis. In Circa 1990, Peter Heerey captaining his Latham side to victory (although reportedly surpassed by the Owen Dixon West team in or may leave the reader, with the Court decision, that the complainant numerous witnesses who attested keeping with this, Rachel Doyle SC, fresh from publishing Power & “wine appreciation and other objective standards of general revelry”). impression that the alleged victim was a liar. In our view, even if he that such activity by the Cardinal Consent, challenges us in ‘Sexual harassment: it’s still happening’. in Cardinal Pell’s case was a person was not a liar, any reasonable mind was impossible. Not only was the That the Bar has engaged in numerous surveys and reports over the who told the truth and that the High must conclude that the complainant’s room the centre of “a hive of activity” years does not mean that these issues are now resolved.