No.152 Spring 2012 ISSN 0159 3285 ISSN The Mabo Legacy THE START OF A REWARDING JOURNEY FOR VICTORIAN BAR MEMBERS. Behind the wheel of a BMW or MINI, what was once a typical commute can be transformed into a satisfying, rewarding journey. With renowned dynamic handling and refined luxurious interiors, it’s little wonder that both BMW and MINI epitomise the ultimate in driving pleasure. The BMW and MINI Corporate Programmes are not simply about making it easier to own some of the world’s safest, most advanced driving machines; they are about enhancing the entire experience of ownership. With a range of special member benefits, they’re our way of ensuring that our corporate customers are given the best BMW and MINI experience possible. BMW Melbourne, in conjunction with BMW Group Australia, is pleased to offer the benefits of the BMW and MINI Corporate Programme to all members of The Victorian Bar, when you purchase a new BMW or MINI. Benefits include: BMW CORPORATE PROGRAMME. MINI CORPORATE PROGRAMME. Complimentary scheduled servicing for Complimentary scheduled servicing for 4 years / 60,000km 4 years / 60,000km Reduced dealer delivery charges Reduced dealer delivery charges Complimentary use of a BMW during scheduled Complimentary valet service servicing* Corporate finance rates to approved customers Door-to-door pick-up during scheduled servicing A dedicated Corporate Sales Manager at your Reduced rate on a BMW Driver Training course local MINI Garage Your spouse is also entitled to enjoy all the benefits of the BMW and MINI Corporate Programme when they purchase a new BMW or MINI. For more information, please email [email protected], or contact Simon Reid or Chris Mayes on (03) 9268 2222 BMW AND MINI CORPORATE PROGRAMME. BMW Melbourne 118 City Road, Southbank. Tel (03) 9268 2222. www.bmwmelbourne.com.au LMCT 8155 MINI Garage Kings Way 209 Kings Way, South Melbourne. Tel (03) 9268 2222. www.melbourne.minigarage.com.au LMCT 8155 Terms & Conditions apply and can be viewed at bmw.com.au/corporate and mini.com.au/corporate. *Selected models only. BMW13155_275x210_Corporate Vic Bar_FA.indd 1 11/09/12 3:56 PM No. 152 Spring 2012 Editorial 2 The Editors – Mabo, Vicbar and the Vibe 3 Chairman’s Cupboard - Independence, Service and the Stuff of Legend News and Views 5 Mabo – The Case that Made History 9 The Power of Sport 12 Two Years On 14 Launching the Law Library of Victoria 16 Women Lawyers’ Achievement Awards 18 Victorian Bar Pro Bono Awards 2012 5 51 20 New Tricks for Old Dogs (and Old Tricks for New Ones) 21 Hanks, Gordon and Hill: Constitutional Law in Australia 23 International Commission of Jurists 24 World Bar Conference – London 2012 27 New Magistrates Court Mediation Initiative 29 Ethics Committee Bulletin 31 Me and Myanmar 33 A Resolution to Mediate 35 Lifting the Bar to an Asian Practice 36 Doing Business and Resolving Disputes with China 37 Some History and a Little Lore 43 On the Retirement of the Hon Justice Hansen 67 Around Town 45 The 2012 Bar Dinner Editors 51 Victorian Bar Dinner Speech Paul Hayes and Sharon Moore 54 The Hon Justice Ashley Farewell Dinner 57 An Atlas Hugged: Sierra Leone VBN Editorial Committee Paul Hayes and Sharon Moore (Editors), Georgina Costello, Anthony Strahan (Deputy 59 Criminal Bar Association Emmanuel Saffa Abdulai Dinner Editors), Justin Tomlinson, Louise Martin, Maree Norton and Benjamin Jellis 61 The Third Bar Legends’ Dinner Contributors 65 A Feral Win’d Back of the Lift* The Honourable Justice Susan Crennan AC, The Hon Chief Justice Marilyn Warren AC, The Hon Justice Hollingworth, The Hon John Coldrey QC, The Hon Hartley Hansen QC, The 66 Quarterly Counsel Hon Peter Heerey AM QC, The Hon Robert Clark MP, Attorney-General for Victoria, Julian 67 Silence All Stand Burnside AO QC, Jack Rush RFD QC, Melanie Sloss SC, Tony Neal SC, Richard McGarvie SC, 70 Gonged Mark Moshinsky SC, Georgina Schoff SC, David Bailey, William Lye, Paul Hayes, Steven 71 Adjourned Sine Die L to R: Greg McIntyre (plaintiffs’Anger, Susan solicitor), Brennan, Eddie MatthewMabo and theFisher, author, Jane enjoying Treleaven, refreshments Sharon during Moore, Georgina Costello, an adjournment in SupremeAnthony Court Strahan, sittings, Murray Justin Island,Tomlinson, 22–25 Louise May 1989. Martin, The Mareehats were Norton, woven Benjaminby Jellis, Robin 79 Obituaries Meriam women. [photo: Annthe author] Robinson, Ashley Halphen, Jane King, Nerida Wallace, Sa’ad Hossain, Sally Bodman 82 March 2012 Victorian Bar Readers’ Course Publisher Boilerplate The Victorian Bar Inc. 83 When on Circuit, who Leads out of Court? Owen Dixon Chambers, 205 William Street, Melbourne 3000. Registration No. A 0034304 S. 84 Gallimaufry This publication of Victorian Bar News may be cited as (2012) 152 Vic B.N. 86 Verbatim Opinions expressed are not necessarily those of the Bar Council or the Bar or of any 88 Restaurant Review person other than the author. 89 The Wine Bar Advertising 90 Dear Themis All enquiries including requests for advertising rates to be sent to: 91 A Bit About Words Curry Ms Sally Bodman 93 Book Review: Call me Emilios The Victorian Bar Inc. 205 William Street, Melbourne 3000 94 Book Review: Mabo in the Courts Tel: (03) 9225 7909 96 VBN 151 Essay Competition Winning Entry Email: [email protected] 97 VBN 152 Caption Competition Design and Production Avalanche Creative Solutions Pty Ltd; www.avalanchecreative.com.au * Material in this section is current as at 23 September 2012 Contributors All contributions to Victorian Bar News should be in word format and are to be emailed to [email protected]. VBN Boilerplate submissions should not exceed 400 words. All articles submitted for consideration for publication in Victorian Bar Review should be in word format and conform with the style guide prescribed by the Australian Guide for Legal Citation (http://mulr.law.unimelb.edu.au/files/aglcdl.pdf). Cover Photo Eddie Mabo and Dr Bryan Keon-Cohen AM QC outside the Supreme Court of Queensland. Aboriginal and Torres Strait Islander readers are advised that this publication may contain images and names of people who have died. Victorian Bar News acknowledges the traditional owners of the Kulin Nation and pays its respects to their elders part and present. www.vicbar.com.au VICTORIAN BAR NEWS Mabo, Vicbar & The Vibe Editorial In keeping with this edition’s theme, we also feature a review of Keon-Cohen’s book, by Robin Ann Robinson. The history and folklore of the Victorian Bar has been passed down from generation to generation of Barristers, usually from Mentor to Reader, or in the candid observations of our more senior members to guests during speeches at List or Bar dinners. The Legends Dinner held this year at the Essoign Club, was one such occasion and Victorian Bar News is delighted to have been able to capture the collegial bonhomie of the evening which celebrates the contributions of our legends to our Bar. Also, in keeping with our cultural heritage, former Victorian Bar News Editor, The Hon Peter Heerey AM QC, has chronicled some of the Victorian Bar’s more formal traditions in an excellent piece which importantly records some of the more formal quirks of our lineage. his year marks the 20th anniversary of the High For many of us it is easy to become consumed by the Court’s judgment in Mabo. For most Australians demands of our work and so it is refreshing as always to the first they heard of Mabo and its implications was include articles in this edition highlighting how some of our Tfrom the media maelstrom which surrounded the judgment members occupy their time away from chambers - from at the time it was handed down. However it soon became so Simone Bailey and her Olympic boxing tilt to Steven Anger well known it even found its way into popular culture. Who and his travels to Myanmar to Ashley Halphen and his life can forget Dennis Denuto, the bumbling solicitor character changing experience in Sierra Leone. in the 1997 film The Castle, submitting to the Court “It’s the The overall goal of Victorian Bar News is to provide a Constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe…”? combination of current news of interest to Barristers, Mabo became a household name. Thankfully for Eddie information which addresses matters of record, light-hearted Mabo and the other plaintiffs they had no Denuto-like legal material and scholarly content. The latter category will, representatives. Instead, their case was framed and fought for the most part, be contained in the Victorian Bar Review for more than 10 long years by two members of the Victorian section of each edition. Our desire is to primarily source this Bar – the late Ron Castan QC and Dr Bryan Keon-Cohen material from our own members, many of whom publish AM QC (as he is now). Ron and Bryan’s combined intellect, excellent articles in other law journals. The Victorian Bar strategic planning and tireless and sacrificial dedication to Review is a timely opportunity for the Victorian Bar to the case were at the heart of the success of Mabo. Earlier this showcase the research analytical skills of our members and year, Bryan graduated with a PhD from Monash University accordingly we invite and encourage our readers to submit to with his thesis being his book, “Mabo in the Courts: from us for consideration for publication in Victorian Bar Review, Islander Tradition to Native Title: A Memoir”. Fittingly on any academically orientated legal articles which concern the twentieth anniversary of the landmark Mabo decision, matters of law or practice.