168 VICTORIAN BAR NEWS BAR VICTORIAN ISSUE 168 SUMMER 2020/21 Whoops! VICTORIAN When video conferencing goes in unexpected directions BAR Vignettes from our NEWS History of the Bar QC to KC What happens to silks More on the Queen’s demise? Lockdown Stories COVID Normal SUMMER 2020/21 168 Plus: Juries: lessons from Pell, Chamberlain and elsewhere ISSUE 168 SUMMER 2020/21 VICTORIAN editorial Editorial A rich tapestry of content 5 55 The Future THE EDITORS BAR PETER MATTHEWS Letters to the Editor 6 56 The Victorian Commercial Bar Council election 7 NEWS Arbitration Scheme NATALIE HICKEY KIERAN HICKIE Around Home 57 The Open Justice Project: The When video conferencing 8 Monash University and Victorian goes in unexpected directions Bar Pro Bono Program MATTHEW PECKHAM AND LAURA HILLY, TIM FARHALL MELISSA MARCUS AND WILLEM DRENT Who wore it best? Lockdown Locks 10 58 Mediating in the time of COVID-19 during Stage 4 restrictions and beyond NATALIE HICKEY TONY ELDER, ADR COMMITTEE CHAIR & Hotel Quarantine in 11 GLEN PAULINE, ADR COMMITTEE MEMBER the Interests of Justice 36 ASTRID HABAN-BEER 60 In the matter of Her Majesty’s Excerpts from a Bar diary 12 Counsel in the plague year part 2 SHP STEWARD AND EA GISONDA CAMPBELL THOMSON 68 Commemorating William Ah Ket: A Readers digest part 2 16 A Life of Diversity and Service TEMPLE SAVILLE, HADI MAZLOUM ANDREW GODWIN Get your finance sorted by the legal specialists. AND VERONICA HOLT 70 The Alfred Deakin bust Locked out 23 by Stephen Benwell OREN BIGOS QC CAMPBELL THOMSON AND SIOBHAN RYAN One of our own 24 Legal Home Loans is the only mortgage and finance broking firm in Australia that specialises in finance for 72 Congo Tales by Pieter Henket: JULIAN MCMAHON legal professionals. PHOTO2021 at the Peter News and Views O’Callaghan QC Gallery As an elite barrister your financing needs are bespoke, complex in nature, and differ to that of the average An Interview with Elliot Perlman 26 SIOBHAN RYAN lawyer. We can coordinate tailored finance solutions for your next investment property, refinance your 60 JUSTIN WHEELAHAN AND Bar Lore existing home loan, and help implement working capital facilities for your practice. CARMELLA BEN-SIMON 76 Sir Archibald Michie QC: Legal Home Loans is your conduit and will navigate the lending landscape on your behalf, saving you valuable R v Chamberlain: a retrospective 29 Victoria’s first Queen’s Counsel ANDREW KIRKHAM time, money and stress. DANIEL AGHION Pell v The Queen 36 78 The History of the Victorian Bar: GAVIN SILBERT Characters & Vignettes What will courtroom justice 39 SIOBHAN RYAN look like in the future? 85 A Perry Christmas carol JACQUI HORAN MAX PERRY An interview with Louise Milligan 42 JUSTIN WHEELAHAN AND TEMPLE SAVILLE Back of the Lift HOME LOANS INVESTMENT LOANS WORKING CAPITAL OVERDRAFT FACILITIES Rethinking culture in 44 86 Silence all stand the legal profession 72 90 Vale KYLIE WESTON-SCHEUBER 96 2020 New Silks Q&A Barristers are not immune 46 Boilerplate from personal cost orders 102 A bit about words Contact us today HEATHER HIBBERD JULIAN BURNSIDE Decriminalising sex work 48 104 Language Matters (02) 9030 0420 in Victoria PETER GRAY FELICITY GERRY, SUZAN GENCAY 106 Book reviews [email protected] AND SIMONE CURMI-BLACKWELL 110 Comfort Food TV during lockdown, How I saved America and 52 www.legalhomeloans.com.au for inspiration over summer possibly the world (part II) NATALIE HICKEY ANONYMOUS S.C. 78 VBN 3 ISSUE 167 WINTER 2020 VICTORIAN Editorial Building mental fitness... BAR Together NEWS A rich tapestry of content Editors: Natalie Hickey, Justin Wheelahan, NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK Manager Annette Charak Free Assist Victorian Bar News Editorial Committee: Natalie Career Hickey, Justin Wheelahan, Annette Charak, Carmella e hoped the June issue of Bar News would be a one-off Member Ben-Simon, Campbell Thomson, John Tesarsch, Tony Assist Horan, Maree Norton, Temple Saville, Brad Barr, Jesse collectors’ item documenting life under lockdown. But after Assist Rudd, Hadi Mazloum, Veronica Holt, Shanta Martin, short-lived freedom, we found ourselves confined to home Confidential Denise Bennett, Amanda Utt. Member again. This spurred an explosion of creativity from barristers. Contributors (in alphabetical order): Daniel Assistance You contributed prose, satire and poetry—making this a bumper issue. Thank Available for up to Family Aghion, Melanie Albarella, Todd Allen, Heather Program Conflict Anderson, Carmella Ben-Simon, Oren Bigos QC, you! With such a rich tapestry of content, we have loosely grouped these Judicial Registrar Sharon Burchell, Julian Burnside AO 5 sessions per issue eclectic contributions into broad themes. Assist Assist QC, Gemma Cafarella, Fiona Cameron, Chris Carr W SC, Peter Chadwick QC, Mia Clarebrough, Georgina There are more stories of lockdown. Humour has been an important Nutrition Coghlan SC, Simone Curmi-Blackwell, Dominic weapon against stress, anxiety, and cabin fever. When the year started, who Money Delany, Ella Delany, Marcel Delany, Willem Drent, & Lifestyle Tony Elder, Tim Farhall, Don Farrands SC, Peter Fary would have thought our year-end issue would feature stories about unwanted Assist SC, Suzan Gencay, Angelo Germano, Felicity Gerry surprises during online hearings and presentations, the effect of no haircuts, Assist QC, Ross H Gillies QC, Eddy Gisonda, Dr Andrew Find out more or book an appointment: Godwin, Sandro Goubran SC, Justin Graham SC, and life in hotel quarantine? the Hon Peter Gray AM, Astrid Haban-Beer, David There are also more serious reflections on the justice system. Andrew Hallowes SC, Lisa Hannon SC, Ian Hardingham QC, Kirkham QC has provided an insider’s retrospective on Chamberlain, and • 1300 our eap (1300 687 327) Matthew Harvey QC, Lisa Hespe, Heather Hibberd, Natalie Hickey, Kieran Hickie, Harry Hill-Smith, Gavin Silbert QC has furnished us with his analysis of the Pell decision. Elliot • [email protected] Laura Hilly, Veronica Holt, Jacqui Horan, Ben Ihle Perlman had first-hand experience as a juror when a student. He was shocked SC, Julianne Jaques SC, Paul Jeffreys, Tanya Kamil, • www.convergeinternational.com.au Andrew Kirkham AM RFD QC, Nick Kotzman, at the disconnection between theory and reality, before he turned his hand to Angus Macaskill, Rhiannon Malone, Alexander writing fiction. Associate Professor Jacqui Horan rounds out the discussion Marcou, Melissa Marcus, Fiona Martin, Amel Masinovic, Peter Matthews, Hadi Mazloum, Daniel with a view on what courtroom justice might look like in future. McInerney SC, Julian McMahon AC SC, Matthew Contemplation about court craft is inevitable given changes to work Meng, Tessa Meyrick, His Honour Judge Damian practices in 2020. COVID was the catalyst for a centrifugal shift from in- Murphy, Julian Murphy, Frank O’Loughlin QC, Glen Pauline, Matthew Peckham, Max Perry, Alistair person hearings to online advocacy from home. On this front, Kylie Weston- Pound SC, Tim Puckey SC, David Ravech, Elizabeth Scheuber tackles the theme of the COVID workplace and gender from the Ravech, Thomas Ravech, Liz Ruddle SC, Siobhan Ryan, Temple Saville, Ruth Shann, Gavin Silbert QC, angle of bullying and harassment, while Louise Milligan provides an insight Geoffrey Steward, The Hon Justice Simon Steward, into what we look like as a profession from the witness box. Sam Tatarka, Simon P Thomas, Campbell Thomson, To mark the appointment to the High Court of one of our own, we have Megan Tittensor SC, Tim Tobin SC, Paul Vout SC, Peter Wallis SC, Kylie Weston-Scheuber, Justin published an opinion of (the then) Simon Steward QC and Eddy Gisonda Wheelahan, Patrick Wheelahan SC, Raini Zambelli. answering that question you always wanted to know the answer to but were Photography/Images: By V. Tay, David McArthur too afraid to ask: what happens to QCs when the Queen dies? We also profile for Niagara Galleries. Pieter Henket, Big Stock ID 109625918-Alexandre17, NLA, BFA/Alamy Stock another of our own at the outset of her career, Daye Gang, who took out this Photo. Comedy Central / The Hollywood Archive year’s IBA young lawyer of the year award for her work on North Korea. Publisher: Victorian Bar Inc., Level 5, Owen Dixon Chambers East, 205 William Street Melbourne We celebrate the vast array of talent amongst our members, past and VIC 3000 Registration No. A 0034304 S present, with a piece about The History of the Victorian Bar project starting The publication of Victorian Bar News may be from our Bar’s origins in the 1830s, profiles of early members, contributions cited as (2020) 168 B.N. Opinions expressed are not necessarily those from our September readers and a new cohort of silks, and tributes in the of the Bar Council or the Victorian Bar or of any Back of the Lift section. person other than the author. We address current developments around perennial issues of interest to Advertising All enquiries including requests for advertising the profession: greater access to justice, legislative change, mediation and rates to be sent to: arbitration, cost orders and forensic evidence. Elizabeth Gray. Victorian Bar Inc. Our sincere thanks to the VBN committee, contributors, Bar Office, and Guy Level 5, Owen Dixon Chambers East Shield who, once again, has done a fantastic job making our magazine look 205 William Street Melbourne VIC 3000 good. Guy drew on his own family mayhem to illustrate our June issue cover. Tel: (03) 9225 7111 If Guy’s December cover is anything to go by, there is cause for optimism Email: [email protected] in 2021. If one thing has been learnt this year, it is that whatever next year Illustrations, design and production: throws at us, the Victorian Bar will confront it with resilience, flexibility and Guy Shield - www.guyshield.com good humour. Printed by Southern Colour www.southerncolour.com.au Please tell us your thoughts, your ideas, submit stories, give us photos, and Contributions: Victorian Bar News welcomes we will do our best to publish them.