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165 VICTORIAN BAR NEWS
ISSUE 165 WINTER 2019 2019 Dr Katie Pro bono
VICTORIAN Victorian Greenaway awards
BAR
Bar Dinner on keeping
secrets
NEWS
WHAT
DOES THE
BARRISTER X
SAGA MEAN FOR US?
WINTER 2019
165 Plus: Where do we come from? The diverse backgrounds of our barristers.
ISSUE 165 WINTER 2019
VICTORIAN
BAR
MONASH
LAW
NEWS
Gain a Editorial
Confronting the
challenges before us
5
News and Views
40 What does the ‘Barrister X’ saga
mean for us?
NATALIE HICKEY WITH MATT COLLINS
competitive
THE EDITORS
42 The mental health benefits
Letters to the editors 7
and burdens of keeping
Cultural intelligence at the Bar 8 other people’s secrets
ARUSHAN PILLAY AND RICHARD INGLEBY NATALIE HICKEY
34
President’s report 10
edge for your
44 A barrister’s obligations to keep
MATT COLLINS client information confidential
CEO Report 12 ROISIN ANNESLEY, CHAIR ETHICS COMMITTEE
KATHERINE LORENZ 46 Where we come from
COLIN GOLVAN QC
Around town
future in law.
2019 Pro Bono Awards 14 52 Delusions of certitude: An interview
VBN with Dr James Raymond
JUSTIN WHEELAHAN
2019 Victorian Bar Dinner 18
54 Disruption and innovation in the
VBN
family law space
Peter O’Callaghan QC 24 TALYA FAIGENBAUM & ANNETTE CHARAK
Gallery extension
Bar Lore
SIOBHAN RYAN
46
56 The more things change, the more
The Gallery’s new space— 25 they stay the same JACK RUSH
Enrol now in 3 new tech subjects: The Hartog Berkeley QC Room
Back of the Lift
THE HON SUSAN KIEFEL AC, CHIEF JUSTICE
60 Silence all stand
Testing their mettle: 30
Legal Tech Studio Prospective arbitration 67 Vale
professionals moot 78 Gonged!
in Melbourne 78 2018 Silks appointments
CAROLINE KENNY, CIARB
79 Victorian Bar Readers
Law in the Age of PRESIDENT AUSTRALIA
Boilerplate
Artificial Intelligence Launch of United Chambers 32
in Dandenong: access to
80 A bit about words
JULIAN BURNSIDE
justice for the Afghani community
56
ROONA NIDA WITH NATALIE HICKEY 82 Secret Judge
Online Dispute Richter & Dunn portrait unveiling 34
84 Red bag blue bag
CAMPBELL THOMSON 86 How storytelling is integral to justice
Resolution Playing for the inaugural 38
PETER HEEREY
87 Book Reviews
Serviceton trophy at Royal
Adelaide, returning empty-handed 91 Response to Christchurch
CAROLINE PATERSON JENNIKA ANTHONY-SHAW
92 Her name is the marathon
The Flagstaff Bell 39
and she is dangerous
CAROLINE PATERSON
MARK PURVIS
For more information
visit: bit.ly/LLMTech
80
ISSUE 165 WINTER 2019
VICTORIAN
CPD IN SESSION BAR Editorial
NEWS
Editors: Natalie Hickey, Justin Wheelahan
Confronting the
12-month
solo
n
and Annette Charak.
Victorian Bar News Editorial Committee:
Natalie Hickey, Justin Wheelahan, Annette
challenges before us
subsCriPtio Charak (editors), Maree Norton, Carmella Ben-
Continuing professional
“I
$295 Simon, Campbell Thomson, Meg O’Sullivan
NATALIE HICKEY, JUSTIN WHEELAHAN, ANNETTE CHARAK, EDITORS
(Bar Council representative), Tony Horan,
$199
Brad Barr, Haroon Hassan, Jesse Rudd, Hadi
development by the Bar Mazloum, Reiko Okazaki, Veronica Holt, Denise
Bennett, Amanda Utt, Sarah Harrison-Gordon.
nformant 3838”, “EF” or “Lawyer X”. Whether it be the
Victorian Police, the High Court of Australia or the
Contributors: (In alphabetical order) Roisin
for the profession Annesley QC; Jennika Anthony-Shaw; Fatmir
Badali; Michael Beaumont; Peter Booth; Julian
popular press, each has its own acronym for Nicola
Gobbo. Our choice, “Barrister X”, was intended to reflect
Burnside AO QC; Annette Charak; Matt Collins the particular consequences of the past seven months of
QC; Mark Dreyfus QC MP; Philip Dunn QC;
revelations for the Victorian Bar as a community sharing
Tony Elder; Talya Faigenbaum; Jane Forsyth;
Julia Frederico; Raymond Gibson; Roger common values.
Gillard QC; Annabel Glover; Colin Golvan Ms Gobbo was previously an active member of our community. She made
QC; Wendy Harris QC; Paul Hayes QC; Peter contributions such as organising the 2003 Criminal Bar Association dinner.
Heerey AM QC; Gary Hevey; Natalie Hickey;
She was a Victorian Bar News committee member from at least 2000 until
Liam Houlihan; Paul Holdenson QC; Richard
Ingleby; Murray Kellam AO QC; Caroline 2003. Ms Gobbo ceased to practise in 2009.
Kenny QC; The Honourable Chief Justice Kiefel For the Victorian Bar, there has been a serious challenge to its reputation.
AC; Andrew Kirkham AM RFD QC; Katherine In December 2018, the High Court labelled one of our former members as
Lorenz; William Lye AOM QC; Shanta Martin;
a person who had committed fundamental and appalling contraventions of
Gerard Meehan; Roona Nida; Tom O’Bryan;
Caroline Paterson; Arushan Pillay; Mark Purvis; her ethical obligations. The Bar had to make important and potentially
Maria Radford; Robert Richter QC; Jack Rush far-reaching decisions about how to respond to that decision and to deal
RFD QC; Siobhan Ryan; Suresh Senathirajah with its implications.
Specialist legal education from the Victorian Bar’s acclaimed CPD QC; Greg Smith; Michael Stanton; John Steven;
CPD IN
program is now SESSION
available for purchase by external subscribers on-line.
Patrick Tehan QC; Premala Thiagarajan;
William Thomas; Campbell Thomson; Cam
Truong QC; Frank Vincent AO QC; Minal Vohra
One of our strengths as a professional organisation
is our ability to confront difficult issues.
SC; Justin Wheelahan; Paul Willee RFD QC;
Photo contributors: Chamik Bandara
(Kreativ Agency); Peter Bongiorno; David When launching our Summer 2018 issue, VBN 164, the High Court
CPD
WhatINisSESSION
CPD in session? CPD IN SESSION
subjeCt matter exPerts Johns; Garth Oriander; Neil Prieto; James decision had just been handed down. Attendees at the launch suggested
Raymond; Department of Environment and we commission an article on “Lawyer X” for VBN 165. That would be
CPD in SESSiOn provides online legal education by Sessions presented by eminent panellists, skilled advisors
Primary Industries, Victoria; Fairfax Media;
the Victorian Bar for solicitors, in-house and government and speakers from across the legal profession. CPD in premature. It is for the Royal Commission, currently underway and with
Marathon-photos.com; Veneratio, Bigstock;
lawyers offering a range of expert seminars and Q&A SESSiOn provides high quality continuing professional Yorgos Lanthimos/Twentieth Century Fox; its term now extended, to determine the legal implications of Ms Gobbo’s
sessions with expert presenters from the judiciary, the development from subject matter experts that is relevant, Publisher: Victorian Bar Inc., Level 5, Owen conduct and to make recommendations.
Dixon Chambers East, 205 William Street, Nonetheless, we believe there remain issues that are important for
Bar and more. accessible, valuable and responsive to changes occurring Melbourne VIC 3000. Registration No. A
within the legal profession. us to ventilate now as a guild. One of our strengths as a professional
0034304 S
The publication of Victorian Bar News may organisation is our ability to confront difficult issues. We have
Fully resPonsive Categories be cited as (2019) 165 Vic. B.N. Opinions sought to respect the ethical foundation of our collegiate identity
CPD IN SESSION expressed are not necessarily those of the Bar by addressing the topic of ‘Barrister X’ to the extent we can. In
Council or the Victorian Bar or of any person
View or listen on your PC, tablet or mobile device, on- Earn your CPD points across all CPD categories - doing so, we have endeavoured to strike an appropriate balance
other than the author.
demand anywhere, anytime Substantive law, Professional skills, Practice management Advertising: All enquiries including requests in our desire to respect a range of sensitivities.
and business skills and Ethics & professional responsibility. for advertising rates to be sent to: In our cover story, “What does the ‘Barrister X’ saga
Sarah Harrison-Gordon mean for us?”, we have explored with Matt Collins,
Victorian Bar Inc.
Level 5, Owen Dixon Chambers East
President of the Victorian Bar, the considerations which
205 William Street led to the Bar adopting a front-foot media strategy.
Melbourne VIC 3000 Separately, Roisin Annesley, chair of the Ethics
Tel: (03) 9225 7909 Committee, reminds us of our client confidentiality
Email: sarah.harrisongordon@vicbar.com.au
Illustrations, design and production: obligations, in an appropriately nuanced manner. There
Guy Shield and The Slattery Media Group; are, for instance, limited exceptions to this rule, including
slatterymedia.com where a client threatens the safety of a person and the
www.cpdinsession.com.au Contributions: Victorian Bar News welcomes
contributions to vbneditors@vicbar.com.au
barrister believes on reasonable grounds that there is a risk
to a person’s safety.
T 9225 7111 F 03 9225 6068 E info@cpdinsession.com.au
Nicola Gobbo at the 2008
Victorian Bar Office, Level 5, Owen Dixon Chambers East, 205 William Street, Melbourne 3000 Criminal Bar Association dinner
(Source: VBN 146)
In recognition of the human Letters
editorial
editorial
editorial
Editors
aspects of being a barrister (not as a
comment on Ms Gobbo’s individual
TO
THE
circumstances), we approached Dr
Katie Greenaway, a lecturer and
research fellow in social psychology
at the University of Melbourne.
Dr Greenaway has just completed
a landmark study on the effect of
keeping others’ secrets with Dr
Oh, the line,
Michael Slepian from Columbia
Business School. Their study
the line!
provides important insights into the COMMONWEALTH LAW
mental health benefits and burdens COURTS 9.32 AM ON
of keeping other people’s secrets. Dr
THURSDAY 31 JANUARY 2019
Greenaway also provides barristers
C
with practical suggestions to help aroline Paterson submitted this
maintain client confidentiality photo shortly after taking it back
without psychological strain. VICTORIAN BAR NEWS EDITORIAL COMMITTEE (Standing L-R): Tony Horan, Jesse Rudd, Annette Charak (Editor),
in January. She said the line was
While the past six months have Haroon Hassan, Hadi Mazloum. (Seated L-R) Campbell Thomson, Justin Wheelahan (Editor), Natalie Hickey (Editor), about 20 minutes long (which seems
Carmella Ben-Simon (Absent - Maree Norton, Brad Barr, Veronica Holt, Reiko Okazaki, Meg O’Sullivan [Bar Council
involved challenges, there have also representative], Denise Bennet, Amanda Utt, Sarah Harrison Gordon).
quite efficient in the circumstances).
been celebrations. The pro bono She said, “We need a dedicated entry
awards enable us to acknowledge QC) tell us what called them to farewell to a dozen former members, for professionals.” She attributed
our colleagues who, put simply, work the Bar, the challenges they faced some of whom left us far too soon, the problem to the busy nature of
for free to help other people. Such and overcame, and above all else, and all of whom are remembered the courts, referring to the divorce
work is truly a calling, and typically the importance of family. Our new and missed by those who knew list and three Federal Circuit Court
unsung. The photos of these worthy editorial committee members, Haroon and loved them. duty lists. “Many clients bring at least
recipients being recognised for their Hassan and Veronica Holt were In Julian Burnside QC’s regular one support person”, she added. She
efforts is a delight to see. responsible for germinating the seed column, “A bit about words”, the suggested that some of the delay is due
On more prosaic matters, for what of an idea planted by Colin Golvan editors have done a collective gulp to people being unfamiliar with the
seems like a lifetime many of us have QC. We think Haroon and Veronica and published the ‘c-word’ for what security process so that “contraband
trodden the well-worn navy carpet of have done a great job in their first may be the first time in Bar News stuff” has to be confiscated.
Owen Dixon Chambers, and directed assignment as staff reporters. history. If Julian thinks it is now A spokesperson for the
lost clients from East to West, and In “The more things change, the sufficiently de rigeur for us to ‘go Commonwealth Law Courts building
vice versa. How remarkable to more they stay the same”, Jack Rush there’, then we’re up for it. Eagle provided the following statement,
see our foyer transformed into a QC shares with us his research into the eyed readers may notice that our after being approached for comment
dramatically lit portrait gallery, 1939 Bushfires Royal Commission, its courage rapidly dissipated when by VBN:
with new carpet and clear signage! commissioner, Leonard Stretton, and settling another article in this issue
the building owner,
The Peter O’Callaghan QC Gallery his counsel assisting, Gregory Gowans. which refers more obliquely to ‘c…’. The Federal Courts have been working with
tigate ways of improving entry
extension, and its new space, the Thanks to the efforts of Guy Shield, One step at a time. the Department of Finance, to inves
in Melb ourne.
into and out of the Owen Dixon building
“If I were a judge,
Hartog Berkeley QC room, are rightly without whom Bar News would not Caroline Paterson also reminds
a focus in this issue. The photographs, be published, we have also sourced us that there are times to clock on,
sed by the Flagstaff
some of which show the subjects some images of the bushfires and their and times to clock off. Her golfing A major challenge is the space limitation impo
with their accompanying portraits, aftermath from the Australian Disaster and bowls reports may not reflect Gardens Station air intake and the desig n of the atrium.
I could use the
are tremendous. That Chief Justice Resilience Knowledge Hub. You scintillating sporting success, but the nt of how matters are
Investigations have involved the assessme
Susan Kiefel permitted us to publish will see from these images how camaraderie is there for all to see!
listed as well as reviewing structural chan ges to the entrance rear entrance!”
photo courtesy of neil prieto
for posterity her speech launching the landscape of 80 years ago Otherwise, this is your magazine. secu rity point that can
the new space, reflects the occasion’s has barely changed. As a magazine that reflects our
atrium to allow the installation of an extra Congratulations to Nicholas Green
importance. We celebrate and congratulate history and our members’ challenges, be used at peak times. who submitted the above caption.
solutions and we He managed to capture the general
Many of our barristers are from a record number of our members viewpoints, reflections—as well as An architect has been appointed to assess sentiment of barristers confronted
leted by the end
culturally and linguistically diverse for their court appointments—30 in the times when we have fun—we are expecting an options paper to be comp by the security line to enter the
backgrounds. In “Where we come total—to the Federal Court, Family look forward to hearing from you.
of May (2019). Commonwealth Law Courts Building
from”, seven barristers (Colin Golvan Court, Supreme Court, County Court, Please tell us your stories or ideas at
rred option with the from time to time … without epithets.
QC, Shanta Martin, Minal Vohra SC, Magistrates’ Court, Federal Circuit vbneditors@vicbar.com.au. The Courts will then need to discuss the prefe
ing complete
to
Fatmir Badali, Premala Thiagarajan, Court, and Family Court of Western The Editors building owner and seek appropriate fund
Cam Truong QC and William Lye Australia. We also celebrate and bid the works.
6 VBN VBN 7
Cultural intelligence at the Bar
editorial
editorial
ARUSHAN PILLAY AND RICHARD INGLEBY*
Setting: Supreme Court call-over before Bongiorno J in 2005. Setting: Conference between senior counsel and junior
Court: Calling the matter of Tenace. counsel (who is black) to discuss the opposing case:
Barrister: I appear on behalf of Ms “Tenas [sic]”.
Comment: Senior to junior counsel: “I think the nigger in the
Bongiorno J: No… That is not how you pronounce the surname.
woodpile is really the plaintiff’s doctor X”.
It is an Italian surname and it is a Latin language and the vowel is
pronounced at the end of the name. So, it is properly pronounced How it made me feel: I felt lonely. I wondered why he used
“Ten-ah-chay” to your ears. It is not good enough … to not know that word. Maybe he thinks I’m a nigger too. Maybe it’s some
the correct pronunciation of your client’s name. old expression that I don’t understand. Maybe it’s just me.
T
Maybe I’m just dumb.
he Victorian Bar was established in
1884. The first barrister of south-east Setting: Settlement discussions between senior counsel and
Asian heritage was called to the Bar junior counsel (who is Jewish) during the period when the
in 1904. After this, the trail of culturally matter is being stood down. Opposing senior counsel makes
and linguistically diverse barristers innocuous and pragmatic statement about the possible
at the Bar grows harder to read, but a machinery for proposed settlement.
perusal of the honour boards and Bar Council papers Consider the experience of requires chambers to have at least Working Group will be working to
Comment: Response by senior counsel in the normal course
reveals progressive waves of barristers from diverse women at the Bar. That women have one equality and diversity officer and assist the Bar to embrace this change.
of conversation and as naturally as leaves to a tree: Don’t be
backgrounds coming to the Bar. Notable amongst these constituted a significant part (if not involves the regular collection and Finally, if you do not know how to
Jewish with me about this”.
are strong contingents from Jewish, Greek and Italian the majority) of the general working publication of anonymous data on pronounce your client’s name, this
backgrounds. How it made me feel: Concerned for the workplace culture of population for several generations, diversity). can be easily remedied by asking the
More recently, the Bar has become home to the Victorian Bar as to the defects in education and awareness yet occupy only a relatively small In 2017 the Solicitors’ Regulation client, or a colleague, how to do so.
increasing numbers of barristers of Asian descent, which would have to exist before any member of counsel could percentage of the overall numbers Authority of England and Wales stated: Note: If you are experiencing
including those from Chinese, Indian, Sri Lankan and even consider making such a statement. at the Bar and senior Bar and on the discrimination or harassment, the Bar
The demographic profile of ...
Vietnamese backgrounds. That said, whilst 9.6 per cent Bench, suggests that change does has detailed policies about dealing
the population is changing and
of Australia’s population identifies as Asian-Australian, This experience is reflected in the recent Quality of not come without a level of active with discrimination and grievances. A
a diverse workforce may help to
only 1.6 per cent of barristers and 0.8 per cent of the Working Life survey,3 based on responses from 40 per intervention. list of conciliators is available on the
better understand the needs of
judiciary are from this demographic.1 cent of the Bar’s 2160 members: Further, it seems obvious from Bar’s website.4
diverse clients in terms of language,
You might think this is nothing particularly unusual »» 20 of the 840 respondents reported discrimination on observing human nature that,
cultural and religious influences. * Arushan and Richard are members
and simply reflects what is happening in the broader the basis of race or ethnicity; historically, those with power and
Promoting diversity increases both of the Race, Ethnicity and Cultural
Australian community. But, does the Bar properly »» 3 per cent of those who identified as belonging to an entrenched interests in privilege,
the profession’s legitimacy in the eyes Diversity Working Group.
appreciate this diversity, its obligations and also its ethnic minority group reported workplace bullying on prestige and wealth are loathe to give
of the broader public ... and just as 1. Asian-Australian Lawyers 2015
benefits? the grounds of race; those things away. At the Victorian Bar,
importantly within the ranks of the National Study.
It appears to many at the Bar that the answer to »» 33 per cent (being 36 out of 110 respondents who in our view, we lag behind the broader
profession itself. 2. Waiter, is that inclusion in my
that question is no. The Race, Ethnicity and Cultural identified as belonging to an ethnic minority group) community, government, business
soup?:A new recipe to improve
Diversity Working Group (forming the not-exactly- reported workplace bullying in the past five years. and even other Bars in recognising It seems to us that the Victorian Bar business performance (VEOHRC
mellifluous acronym, RECDWG) is working to change It goes without saying there is no place in our profession the value of diversity and actively is in exactly the same position. and Deloitte), Research report,
this. Formed in 2018, the working group aims to foster for discriminatory conduct. promoting the benefits it will provide. In short, it is obvious to us that November 2012 (available at: https://
www.humanrightscommission.
greater diversity and inclusion at the Bar. It was There is certainly a school of thought at the Bar and By way of comparison, the Bar Council those from culturally diverse vic.gov.au/.../6650_
established under, and reports to, the Equality and perhaps in the wider community that we simply need to of England and Wales has incorporated backgrounds are under-represented cb45beefee65afca77234b8cb2ce6646).
photos courtesy of garth oriander
Diversity Committee of the Victorian Bar. wait for the passage of time to ensure a more accurate into its rules a sub-set of enforceable at the Bar, that change is not coming 3. Available at https://www.vicbar.
Numerous studies in the business world have reflection of the wider community in the membership of ‘Bar Equality Rules’, which focus, not soon and that if we do not hasten that com.au/sites/default/files/Wellbeing
per cent20of per cent20the per
highlighted the ways business performance can improve the Bar. Two factors strongly suggest that this is unlikely just on gender, but on broader cultural, change, the Bar will be a poorer place
cent20Victorian per cent20Bar per
when people feel included.2 to happen without a change in awareness or active steps racial and linguistic diversity. both in terms of its representation cent20report per cent20final per
For many barristers from culturally and linguistically to promote an appreciation of cultural diversity at the Further, since at least 2012, the Bar of the community for whom we, as cent20Oct per cent202018.pdf. All
references are to this document unless
diverse backgrounds, their experience at the Victorian Bar. These factors are over and above the extent to which Council of England and Wales has members, perform work, and also
otherwise stated.
Bar has often resulted in them feeling lonely, a welcoming and inclusive environment is a necessary issued detailed guidance in its Bar as a positive place at which we can
4. https://www.vicbar.com.au/public/
marginalised and unsure of their place. ingredient of a safe workplace. Standards Handbook on equality and work. With this appreciation, the
about/governance/internal-conduct-
diversity (for example, the handbook Race, Ethnicity and Cultural Diversity policies-and-reports.
8 VBN VBN 9
direct briefing and early briefing of
editorial
editorial
$2,702, resulting in total income of
$6,480,276. The NSW Bar had 15 per
counsel; How your subscription works for you:
cent more (2,398) practising members
»» an increased focus on issues faced
by members of the Criminal Bar;
day-to-day activities of the Victorian Bar
as at 30 June 2018 than the Victorian
»» initiatives aimed at improving the (not including special projects)
Bar (2,073).
health and wellbeing of members,
The Victorian Bar derives income
drawing upon the lessons learned Bar governance activities (including Activities relating to the community
from a number of other sources,
from last year’s Wellbeing at the Bar Bar Council) – This covers all the of the Bar – This includes:
including readers’ course fees,
survey; activities associated with managing »» arranging the annual Bar dinner and
mediation fees and seminar fees. We
»» new diversity and inclusion ourselves appropriately, including countless functions associated with
also receive a grant each year from
initiatives, including an Australian- the annual election; approximately activities sponsored by the Bar, its
the Victorian Legal Services Board.
first gender pay gap analysis for 12 Bar Council meetings per year; associations and committees, and
These sources of income, for the
barristers, and a focus on cultural preparation of an annual report; groups of counsel;
most part, offset the cost of providing
diversity and the difficulties faced budgeting and preparation of »» maintaining the Bar website, the
particular services.
by non-cis gendered barristers and audited accounts; AGM and special biannual Victorian Bar News and the
Major expenses of the Victorian
barristers with disabilities; general meetings; strategic planning; weekly InBrief;
Bar include: employee and supplier
»» continuing work commenced management of operational, »» support for the work of the Bar’s
costs—there were 17 employees in
last year on referrals of pro reputational and business charitable and philanthropic entities,
the Bar Office at the time of writing;
bono requests from courts and continuity risks; and management namely the Bar Benevolent Fund, the
rent for the space occupied by the
tribunals, including the launch of an of committees and committee Victorian Bar Foundation, the Peter
Bar Office, the library, the education
innovative pro bono portal; membership, among many other O’Callaghan QC Gallery and the
and conference spaces on the first
»» the Bar’s ongoing governance matters. Indigenous Barristers Fund;
floor of Owen Dixon Chambers East,
review, including a proposal to Regulatory and compliance activities »» support for the Essoign Club;
the Essoign Club and the mediation
members for a package of reforms to – This includes: »» arranging activities in relation to the
centre; and capitation fees paid
the Bar’s constitution; »» helping manage the annual issue of health and wellbeing of members;
to the two national representative
PRESIDENT’S REPORT bodies of which we are an active
»» commencing work on a new practising certificates, movements and
strategic plan to commence between divisions on the Bar Roll, »» support for the appointment of
Putting your Bar
member: the Law Council of
following the expiration of the approval of readers to sign the Bar silks through the work of the Chief
Australia (LCA) and the Australian
current strategic plan in 2020; and Roll and mediator accreditations; Justice’s Preliminary Evaluation
Bar Association (ABA).
subscription to work
»» reviews of the Bar entrance exam, »» through the work of the Ethics Committee.
Just to keep the ship afloat each
Barrister Connect and direct access Committee and the Counsel Policy work – This includes
year, we have to perform a vast range
arrangements for criminal work Committee, managing member contributing to policy debates at
of functions (see opposite). These
in the Magistrates’ Court, and the education and guidance on a State level, by the Bar itself or in
activities go on year-in, year-out.
operations and services provided by ethical matters, and complaints, association with 12+ Bar associations
I
MATT COLLINS
Apart from those matters, the Bar
the Essoign Club. investigations and fit and proper and 20+ committees, and at the
Office, with support from members
I have not, in the above summary, person inquiries; and Commonwealth level via the LCA and
was first elected to Bar Members often ask me (usually of Bar Council and many others,
touched on the work of the various »» overseeing compliance in a range the ABA.
Council in November skeptically) about what value they get executes the Bar Council’s agenda
Bar associations, the work of the of contexts including regulatory Stakeholder engagement – This
2014, and have served from the payment of their annual Bar to further the purpose of the Bar,
Bar’s many active committees, or compliance, professional standards includes actively participating in the
successively as a subscription fee. Having once shared as articulated in our strategic plan:
the Richard Griffith Library, which scheme compliance, CPD work of the LCA and the ABA; and
councillor, vice-president this skepticism, I thought I should “to ensure the Bar and its members
now forms part of the Law Library compliance and clerk compliance. engaging with people and bodies, such
and president since offer an explanation. thrive and continue to do so”.
of Victoria. Nor have I mentioned Education and professional as courts and heads of jurisdiction,
that date. Despite—at the time of Annual subscription fees are set by To that end, the Bar Council has
that every speech, invitation, letter, development – This includes: State and Commonwealth attorneys-
my first election—having been a the Bar Council in May each year for approved for 2019 key initiatives
and communication with members, »» the two readers’ courses and general and shadow attorneys-general,
barrister for more than 15 unbroken the 12-month period commencing on including:
from the smallest notice in the readers’ exams held each year and the Legal Services Commissioner and
years and a silk for almost three, I 1 July. For 2018–19, the fees ranged »» managing the Bar’s engagement
lifts to the largest conference, is the Bar’s busy CPD program; Board, the Law Institute of Victoria,
was constantly struck in my first from $471 for juniors who earned with the Royal Commission into the
supported by the Bar Office. »» support for conferences held by the Victoria Legal Aid, the Victoria Law
year on the council by just how less than $50,000, to $3,980 for silks Management of Informants;
I am convinced that we get Victorian Bar, the ABA and various Foundation and the media.
photo courtesy of neil prieto
little I knew about our remarkable who earned more than $300,000. »» reviewing, in conjunction with
remarkable value, because of Bar associations; Barristers Chambers Ltd – This
institution, in all its complexity, In 2017–18, the average fee paid the Legal Services Commissioner
the dedicated efforts of the »» the Indictable Crime Certificate; and includes managing the relationship
including how it is managed and per practising member was $1,835, and Board, the Bar’s processes for
hardworking staff of the Bar Office, »» the Bar’s international advocacy between the Bar and BCL, including the
governed. I was one of those and total subscription income was handling complaints, disclosures
supported by countless hours work to support our colleagues appointment and removal of directors,
members who, each year, grumbled $3,805,293. and investigations of member
of voluntary work done by our facing rule of law challenges in as well as regular consultations
about paying my subscription To give some context, the average conduct;
generous members. I will leave you the region. between both bodies.
fee, and was cynical as to the value fee paid per practising member »» continuing an ambitious program
to make up your own mind.
it represented. of the NSW Bar in 2017–18 was of work aimed at increasing the
10 VBN VBN 11
is enormous opportunity for our The pilot is aimed at testing a better engagement
editorial
editorial
Harris QC undertook a listening tour
late last year, meeting with general
members to add value to corporate model and by showcasing the excellence of the
counsel, both directly, and indirectly
counsel from major Australian
through firms of solicitors.
Bar through barristers committed to doing things
companies and industry bodies. The
The Bar is looking at a range of differently, and better.
purpose of the listening tour was
initiatives to arrest some of the briefing
to find out what corporate counsel Two-way education: Encouraging an enhanced user-friendly
trends identified in the State of the Bar
know about the Bar, why they don’t »» Understanding better, and approach:
report and during the listening tour.
use barristers more often (including delivering, what clients want »» Accessibility
The Bar has entered into a corporate
by way of direct briefs) and what we »» Demonstrating our value »» Advice formulation
alliance agreement with Australian
can do to communicate barristers’ proposition »» Proactively cultivating relationships
Corporate Counsel (Victoria) to
offerings better. »» Showcasing subject matter expertise with corporate counsel
provide networking opportunities for
One of the key messages we received Direct engagement: Secondment opportunities:
Victorian barristers with corporate
from the listening tour was that the »» Conferences, industry seminars, »» Assisting our barristers to identify
counsel, and to facilitate CPD sessions
Bar’s value proposition is not well sponsorships and networking events suitable secondment opportunities
so that corporate counsel can see the
understood by corporate counsel. This »» Exposing the diversity at the Bar (subject to conduct rules)
range of talent and expertise the Bar
is reflected in their briefing practices. and all it has to offer We hope that these initiatives
has to offer.
We are confronted with the stark Profile building: will assist to connect barristers to
We have also launched a pilot
reality that the relationship between »» Ensuring our members have readily corporate counsel, facilitate easy
program, asking members from a
corporate counsel and barristers is searchable, consistent and realistic transactions between the two, and
diverse range of seniority, experience
mediated by other people—mainly profiles ultimately, see our members generate
and backgrounds to be involved.
solicitors. Whilst the relationship »» Openness by our members to direct strong and lasting relationships with
The pilot is aimed at testing a
between barristers and solicitors is briefing in-house counsel, rightly reasserting
better engagement model and by
central, of course, it benefits all of »» Testimonials and other “confidence their place as the trusted, ‘go-to’
showcasing the excellence of the
us to ask, how can clients get the indicators” advisors to corporate counsel. I
Bar through barristers committed to
best value out of their external legal Improving the information suite: look forward to working with our
doing things differently, and better.
spend? One of the most frequently »» Website content, toolkits members on these initiatives.
The pilot involves:
cited issues was that in-house
counsel do not know who to contact
at the Bar, which is why their ‘go-to’
law firm will be the first port of call.
CEO REPORT A current perception amongst
corporate counsel is that barristers
Barristers as
are expensive, which exacerbates the
perception that they should be used
only for court-based work. For the
trusted advisors most part, the corporate counsel were
not aware that for the cost of a junior
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KATHERINE LORENZ
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that briefing a barrister early in a
he Bar’s ultimate identified some significant and
matter for strategic advice can have
purpose, and a worrying downward trends. Over
extraordinary benefits for clients.
key element of the the past decade, the Bar’s share
In May 2019, Wendy Harris QC
strategic plan, is to of the commercial legal services
presented findings from the listening
focus our activities market has diminished. We are
tour to more than 200 senior
and resources spending less time with our
corporate counsel from some of
on ensuring that the Bar and its corporate clients. Being briefed
the largest companies in Australia,
members thrive. My role, as CEO, later to do a narrower range of work
at the General Counsel Summit in
is to drive programs which support has become commonplace.
Sydney. Wendy’s presentation was
the Bar’s strategic plan. To better understand these
well received by corporate counsel
The 2018 State of the Bar report findings, Vice-President Wendy
and the feedback suggests there
12 VBN VBN 13
around town
Town
AROUND
(L-R) Ian Freckelton QC,
Chief Justice Ferguson,
Dr Adam McBeth, Sarala
Fitzgerald, Claire Harris QC
and Brian Walters AM QC.
Giving back to the These contributions are
community:
too often unheralded, and
yet can make the most
profound difference to
the 2019 Pro the lives of those who are
assisted…
Bono Awards DR MATT COLLINS QC PRESIDENT,
VICTORIAN BAR
VBN Michael Gronow QC was the humble
recipient of the night’s highest
Chief Justice Ferguson as the lead barrister for Justice Connect
honour, the Pro Bono Trophy.
with Evelyn Tadros. referrals for Nauru High Court appeals.
T
he Victorian Bar’s lauded pro bono scheme was Matthew ran no less than 10 matters in the
established to serve the general community. On 20 matter, Sarah has been led by Rowena Human Rights to ensure that self- High Court in 2018, including five victories
February 2019, nominees for the Victorian Bar 2019 Pro Victorian Bar Pro Bono Trophy Orr QC, Clare Harris QC and Lisa De represented litigants can participate for asylum seekers on Nauru, in addition to
Bono Awards and guests including Chief Justice Anne Ferguson For outstanding individual achievement in pro bono advocacy over a Ferrari SC. effectively in legal proceedings; and other significant pro bono advocacy in the
of the Supreme Court and Chief Justice James Allsop of the long period. »» her unstinting work representing tenancy and immigration fields.
Federal Court, gathered to honour a group of outstanding Michael Gronow QC was a deserving recipient of the evening’s Ron Castan AM QC Award vulnerable asylum seekers on Nauru.
finalists and deserving winners. most prestigious award. His nomination cited his enduring support For pro bono work undertaken by barristers Ron Merkel QC Award
Most of the thousands of hours of pro bono work that are of the Court of Appeal pro bono duty barrister scheme and other who are between 1 and 6 years’ call. Susan Crennan AC QC For pro bono work undertaken by barristers
donated by members of our Bar go largely unseen. As Richard pro bono programs supported by the Bar. In particular, Michael was Evelyn Tadros emerged as the winner in Award who are more than 15 years’ call or silks.
Wilson (chair of the Pro Bono Committee) noted in his opening praised for his willingness to take on difficult cases as part of his this hotly contested category with no less Lisa De Ferrari SC was recognised for her
For pro bono work undertaken by barristers
remarks, the awards: long-standing commitment to pro bono advocacy over many years. than nine nominees undertaking a vast long-standing commitment to pro bono
who are between 7 and 15 years’ call but are
array of significant pro bono work. work. It was estimated that Lisa and her
…seek to recognise and celebrate some of the remarkable not silks.
contributions of individual practitioners and teams of barristers
Daniel Pollak Readers Award Evelyn was cited for:
A richly deserving recipient for this
team of hard-working junior counsel
For pro bono work undertaken by barristers who have completed »» her pro bono representation of the contributed to more than 35 individuals and
who have been nominated for an award for the pro bono work award, Matthew Albert (a past winner
their readers’ course within the previous 12 months. plaintiff in the important human their families being transferred off Nauru
they have done within the past two years… of the Ron Castan AM QC Award) was
Sarah Zeleznikow was recognised for her exceptional rights case of Matsoukatidou v Yarra to receive medical treatment in Australia.
a finalist in three separate categories
The nominees are just the tip of the pro bono iceberg of legal work in highly complex and multi-faceted extradition Ranges Council,1 where the Supreme With her typical humility, Lisa was quick
(winning two).
services that are volunteered each and every week by members proceedings relating to the violation of US sanctions under Court confirmed that courts have a to praise the efforts of her able juniors and
He was praised for his tireless work
of the Victorian Bar. Commonwealth extradition legislation. During the life of this responsibility under the Charter of instructors in accepting the award.
14 VBN VBN 15
VICTORIAN BAR
around town
As an institution, the
Victorian Bar regards
MEDIATION CENTRE
M E D I AT I O N C E N T R E
this longstanding tradition
of performing pro bono
work to be in its finest
tradition…
RICHARD WILSON. CHAIR OF THE
PRO BONO COMMITTEE OF THE
VICTORIAN BAR
Chief Justice Ferguson The Public Interest/Justice
with Sarah Zeleznikow.
Innovation Award
For pro bono work which has a strong public
interest element or has involved a procedural Purpose-built mediation and
or substantive innovation in the law likely to
enhance access to justice. conference rooms in the heart
This was award was ultimately shared by an
eminent team of pro bono counsel (Brian
of Melbourne’s legal precinct.
Walters AM QC, Peter Morrissey SC,
Dr Ian Freckelton QC, Claire Harris QC,
Matthew Albert, Sarala Fitzgerald and
Dr Adam McBeth).
The team was recognised for its work
(instructed by the Human Rights Law Centre) The Victorian Bar knows how important the mediation process
on behalf of a number of detained children, is. We’ve put our experience and knowledge into creating the
concerning a challenge to the decision of the
Victorian Government to gazette part of the
right space to support parties through mediation.
maximum security Barwon Prison as a youth
justice centre and to transfer children there in
Chief Justice Ferguson
pictured with Lisa De breach of their human rights. WE OFFER
Ferrari SC. The team was assembled in November
2016 and called upon to run a four-day trial in
• Modern neutral decor with abundant natural light
mid-December of that year, then successfully
defend an urgent appeal to the Court of Appeal • Business room and printing facilities
over the Christmas break followed by a further
• Reception and administration services
six-day Supreme Court trial in April of 2017.
The efforts of the team resulted in a series • Fully equipped kitchen with tea & coffee
of landmark decisions under the Charter making facilities
of Human Rights and Responsibilities which
• After hours operation available
protected the rights of the detained children.
A detailed list of this year’s nominees is • Video and teleconferencing facilities
available at: https://www.vicbar.com.au/sites/
• Central location within Melbourne’s legal and
default/files/Pro%20Bono%20Awards%20
business precinct
Nominees%20Brochure%20final.pdf
Please note: Matthew Albert who won the Susan Crennan • Secure free Wi-Fi
AC QC award was not present on the night (he was
overseas). His award was accepted by Evelyn Tadros. Peter
Morrissey SC was also absent.
1 [2017] VSC 61. Evelyn’s co-counsel, Kylie Evans, was a
finalist for the Susan Crennan AC QC award.
vicbarmediation.com.au
Chief Justice Ferguson
pictured with Michael
Gronow QC, the winner
of the Pro Bono Trophy P 03 9225 6930 E mediation.centre@vicbar.com.au
and previous recipient,
Christopher Horan QC. Level 1 & 3, Douglas Menzies Chambers, 180 William Street Melbourne 3000
16 VBN
2019
2019 victorian bar dinner
VICTORIAN BAR DINNER
O
n Friday, 17 May 2019, Q: When you were a partner at
assembled barristers Allens, you judged the barristers you
and guests attended briefed on their performance. How
the annual Bar Dinner. does this differ to what you do now?
There was much A: I was tempted to say that as a
socialising, catching up solicitor if you don’t like a barrister you
with old and new friends, and dancing. never brief them again, but as a judge
The guest of honour, the Hon Anne you’re stuck with them forever. Now I
Ferguson, Chief Justice of Victoria, judge them on brevity.
was the undisputed highlight of the
Q: I want to be Chief Justice one day.
night with a keynote speech bringing
Any tips?
new meaning to a ‘Q&A’. Highlights
A: Simple – two things. First, get
included:
prepared to answer questions like this;
Q: Have you ever slept at work and if second, start preparing your speech for
so, where? the Bar dinner.
A: No. But in my nine years on Other highlights of the night
the Bench, there have been a few included the toast to the rule of law,
submissions that have threatened to by the Attorney-General, the Hon Jill
send me to sleep. In fact, I’m reminded Hennessy MP; the address by Senior
of a former judge (definitely not me) Vice-President Wendy Harris QC, who
who said to counsel, ‘Mr Smith, I am introduced the Chief Justice, and the
going to sleep now….and when I response to the Chief Justices’ speech
wake up, I don’t want you to still be by ABA President Jennifer Batrouney
speaking’. QC, who also proposed a toast to the
independent Bars of Australia.
L-R Travis McKay, Sarah Harrison-Gordon, Amanda Utt, Alannah Jones, Katherine Lorenz, Liz Ingham, Denise Bennett
18 VBN VBN 192019 victorian bar dinner 1 5
2019
VICTORIAN BAR DINNER
2
6
3 4 7 8
01. Jennifer Batrouney QC; Chief Justice William
Alstergren; Ian Robertson 02. Judge Elizabeth
Brimer; Jason Pennell; Judge Phillip Ginnane;
Roisin Annesley QC 03. Anna Svenson; John Kelly
04. (L-R seated) Antony Berger; Scott Cromb;
Sarah Damon; Ben Gahan; Carlin Grant
(L-R standing) Angelo Germano; Chris Hender;
Laura Mills; James Moore 05. Dr Matt Collins QC
06. Travis Brown; Tom Battersby; William Blake
07. (L-R seated) Gayann Walker; Erica Lawson;
Annie Yuan; Ashleigh Harrold; Michelle Bennett,
(L -R standing) Nick Bird; Sean McArdle; Vince
Murano; Emma Harold 08. The Hon Chief Justice
Anne Ferguson.
20 VBN VBN 212019 victorian bar dinner
1 2 3
2019
VICTORIAN BAR DINNER
01. Dugald McWilliams; Ffyona Livingstone Clark; Lachlan
Armstrong QC 02. Her Excellency, the Hon Linda Dessau AC,
Governor of Victoria; Matt Collins QC 03. Veronika Drago;
Lachlan Molesworth; Abeline Singh; Bill Stephenson;
James Stoller and Stephen Scully. 04. (L-R standing): Anastasia
Smietanka; Megan Cameron; Stephanie De Guio (L-R seated):
Megan Fitzgerald; Catherine Kusiak; Natasha Crowe; Amanda
Ryan 05. Alex Solomon Bridge; Nicole Papaleo; Helen Tiplady;
Neale Paterson; Andrew Barraclough; Dion Fahey
06 Katherine Lorenz; Andrew Bell 07. Jennifer Batrouney QC
08. Rishi Nathwani; Jess Willard 09. The Hon Chief Justice Anne
Ferguson; Judge Irene Lawson; Kerri Judd QC (DPP); Brendan
Kissane QC (CCP); Diana Piekusis QC and Matt Collins QC
10. Ben Fry; Suganya Pathan; Rachel Amamoo; Annie Yuan
11. Stewart J Maiden QC; Reegan Grayson Morison.
5 6
4
7
9 10 11
8
22 VBN VBN 231 2
around town
around town
Peter O’Callaghan The Gallery’s
QC Gallery new space—The
extension Hartog Berkeley
3
QC Room
SIOBHAN RYAN
THE HON SUSAN KIEFEL AC, CHIEF JUSTICE
T
4
here was a gathering of Henson and Martin Tighe, whose
OF THE HIGH COURT OF AUSTRALIA
interesting and important people portraits of the Hon Ken Hayne AC
at the Peter O’Callaghan QC QC and of Philip Dunn QC and Robert
Y
Gallery on 28 March 2019. We were Richter QC were unveiled last year. our Excellency, Mr President, Madam
pleased to welcome the Hon Susan For the sitters, it was a chance to meet Patron, judicial colleagues past and
Kiefel AC, Chief Justice of the High their artists once again and to catch present, members of the Bar, families
Court of Australia, to inaugurate up on conversations which, in some and artists.
the gallery’s new space, the Hartog cases, had taken place over the space It is a privilege to be here this evening for
Berkeley QC Room, and to unveil the of years. this important occasion in the life of the Bar.
Victorian Bar Memorial. A lone piper And what a room it is! BCL has The Victorian Bar is well known for its
piped the guests to attention as Bar transformed the foyer of Owen collegiality and for the strong bonds which
members who are active in the armed Dixon Chambers into a fluid space exist between its members. For a long time,
services gathered around the memorial. that extends the gallery from East to those at the helm of the Bar have fostered in
Brig Douglas Laidlaw CSC, Commander West. Carr Design conceived of and its members a sense of history, of belonging.
of the 4th brigade, read from John oversaw the construction of the Hartog How fitting then that this evening the Bar
McCrae’s poem “In Flanders Fields”. Berkeley QC Room and the memorial. recognises those of its members who have
Other important guests included the The gallery has been brought to life by given service to their country in the armed
governor of Victoria, the Hon Linda guest curator, Murray White and his forces and in peace-keeping and humanitarian
Dessau AC, who laid a wreath, and team, who worked with the existing 5 operations. Some of the names which are now
the gallery’s patron, the Hon Michelle collection (several works had been recorded are well known in the law but the
Gordon AC. It was a moving and in storage) and the new acquisitions, 6 Memorial Wall commemorates the service of
sombre moment. finding the perfect place for each and 01. Keith Wolahan, Gerard O’Shea, Paul Willee RFD QC, Andrew all. In particular it is a memorial to the eight
Kirkham AM RFD QC 02. Peter Jopling AM QC (Chair, Art &
The rest of the night belonged to displaying the works and the space to Collection Committee), Katherine Lorenz, John Karkar QC, Paul men who died in active service.
the artists and sitters of eight new their best advantage. Clark, Cheryl Kirk-Hogan, Mary Hayes, James Campbell, Murray Hartog Berkeley was too young to have
White, Amanda Utt, Alannah Jones 03. Robert Richter QC, the Hon
portraits, which were also unveiled. The extension also accommodates Ray Finkelstein, Kate Anderson, Peter Murdoch QC 04. Hamish taken part in World War II. Born in London in
Anyone interested in the arts will displays of artefacts in the Bar’s Glaspole (Jeffrey’s grandson), Dr Julia Sher, Diana Sher OAM, 1928, his parents were part of the post-War
Jeffery L Sher QC and Kate Richards 05. Diana Bryant AO QC,
agree it was a coup to have Moran and collection. In the current display are Marilyn Warren AC, Michael Black AC QC 06. The Hon. Chief Justice migration from England to Australia in 1947.
Archibald Prize winner Louise Hearman items which belonged to Sir Owen Susan Kiefel AC 07. The Hon Linda Dessau AC laying a wreath. He had a more interesting background than
and finalist Sally Ross in the room Dixon, including his tricorn and court most barristers: a sheep roustabout and, later,
with Lianne Gough (whose portrait of shoes, as seen in the Bar’s full-length involvement in trucking, concrete, clothing
Jeff Sher QC almost seems to dance portrait by Archibald Colquhoun. Sir and finally the law. He read with Tom Hughes
off the wall), as well as the renowned Owen’s ceremonial sword is also on but ventured south to Melbourne in 1959
photographers David Rosetsky, Earl display for the first time in many years. and read with Bill Harris. He was successful,
Carter and John Gollings AM (Polly Joan Rosanove QC’s cherished rosette developing a large commercial practice
Borland sent her apologies from Los is there, as is Sir Isaac Isaacs’ Ede & specialising in taxation. He took silk in 1972.
Angeles) and two extraordinarily Ravenscroft wig box and Sir James He was solicitor-general for the years between
accomplished weavers from the Tait QC’s wing collars and studs. It is a 1982 and 1992, returning to practice at the Bar
Australian Tapestry Workshop, Chris welcome distraction for the barristers until his retirement in 2005.
Cochius and Pamela Joyce. This and all who pass through Owen Dixon Following his death in February 2017, my
talented group was joined by Bill Chambers. dear friend and former colleague Sue Crennan
7
24 VBN VBN 25around town
around town
testaments to his wider world vision and
to an intellectual life.
Alex, with his usual courtesy, wrote
to me this week to explain that he
was overseas and unable to attend
this evening.
The artist who has so well captured the
inner strength of the young emigrant who
became a public figure is David Rosetzky.
He is a Melbourne-based contemporary
artist who works across photography,
video and installation. In his black and
white photographs and double exposures,
human behaviour, identity, subjectivity
and community come under intimate Louise Hearman with Michael Black AC QC
observation. Known for the elegance and
the aesthetic rigour of his work, he has Sally Ross with Diana
been commissioned to create distinctive Bryant AO QC
portraits of some of Australia’s most
prominent figures and his work is held by
Bill Henson and his subject, Kenneth
Hayne AC QC every major public institution in Australia
as well as numerous private collections.
The next subject also arrived in
The Chief Justice kindly reconvened in the afternoon to Unveiling of seven portraits Australia from foreign parts. MICHAEL
I have the privilege to unveil portraits of
admit him on condition that Hartog give an undertaking former members of the Bar of special
BLACK was born in Egypt, when his
father was serving as an officer in the
to read the Law List in The Age every day thereafter. standing.
RAF at the beginning of the Second
ALEX CHERNOV arrived in Australia
World War.
spoke of him at an occasion at the this larger than life person who seemed from Lithuania via Salzburg and was
He was called to the Bar in 1964, read
Essoign Club. Sue thought he might have to fill the room. And I seem to recall a on an upward trajectory ever since.
with E D Lloyd and developed a broad
named the club after idly leafing through long lunch or two. Admitted in 1968, he took silk in 1980,
common law, commercial and public law
a law dictionary, such was his capacity Many years later I was fly-fishing on became chairman of the Victorian
practice. Amongst his ten readers were
to find amusement and to share it. One the Rubicon River in northern Victoria. Bar, vice-president of the Australian
Ray Finkelstein and Peter Jopling. He took
meaning of “essoign” is the excuse given Our fishing guide was rather annoyed Bar Association, president of the Law
silk in 1980. His appearances as a silk for which Federal Court judges are most emotive emphasis. Her paintings are
for non-attendance at court, usually that we could not fish a particular Council, vice-president of Law Asia. He
in the High Court included the famous grateful. Most obviously, he combined visually haunting.
given by a defendant. I wonder whether stretch because some blighter called was appointed to the trial division of the
Tasmanian Dam Case. an abiding interest in and understanding The portrait of DIANA BRYANT is by
when Hartog named the Club he may Hartog Berkeley had the riparian rights Supreme Court of Victoria and then to the
He was a member of the Victorian Bar of architecture with skills which enabled Sally Ross, who is a four-time Archibald
have had in the back of his mind what to it. This was of course his farm “Shifty Court of Appeal.
Council and various committees. In 1981 him to negotiate budgetary matters Prize finalist. It has just been completed
Sue described as the “rocky start” of his Nooking”. This name he took from Lord Following his retirement in 2008, he
he was appointed the foundation chair with government to transform ideas and I had not seen it or a photograph
career at the Bar. Apparently he failed Denning’s judgment about “bluebell was elected chancellor of the University
of the Victorian Bar course, now known about court buildings and judges’ of it until a moment ago. It impresses
to appear for his admission because time in Kent”. I assured the guide that of Melbourne, where he had earlier
as the readers’ course, was the Bar’s accommodation. Less obvious to the immediately as vibrant and colourful—a
he mistook the appointed time. The Hartog would not mind if we enjoyed studied, until he resigned to take up the
representative on the committee of the outside eye is the understanding he perfect reflection of its subject. It too will
Chief Justice kindly reconvened in the his bit of river. He was by all accounts office of Governor of Victoria. In 2012 he
Leo Cussen Institute and was a member had of the need for a court to be truly be another significant addition to this
afternoon to admit him on condition that a generous man. was named a Companion of the Order of
of the council of Legal Aid Victoria. collegiate if it is to work well and his gallery’s collection.
Hartog give an undertaking to read the His devotion to the Bar led to the Australia.
In 1991 he was appointed Chief Justice ability, gently, to bring others to this view. Diana has over the years moved between
Law List in The Age every day thereafter. creation with Peter Jopling QC and I had two encounters with Alex
of the Federal Court of Australia and He is a man deeply concerned about her birthplace of Perth and Melbourne
There can be no doubt that Hartog Graeme Thompson in 1998 of the Bar Chernov as a young barrister. The first
he served in that office for more than society, its institutions and the welfare but since the 1990s, Melbourne has
loved the Bar. He gave it great service: on Legends, of which he was named one was indirect—I purchased a copy of
19 years. In 1998 he was appointed a of individuals. This is evident to me in been home. It is where she established a
numerous committees, as vice-chairman in 2003. He fostered many major Bar Brooking & Chernov’s Tenancy Law and
Companion of the Order of Australia. his portrait by Louise Hearman, another significant family law practice and took silk.
and chairman and then as president of enterprises such as the Centenary in Practice. More directly, I seem to recall
Michael Black is of course well known Melbourne artist, who has won both the She was appointed the first Chief Federal
the Bar Association. 1984, the readers’ course, the silks meeting him in intra-Bar Association
to me from the time I also served on Doug Moran National Portrait Prize and Magistrate in 2000 and then Chief Justice
It was during his time as vice-chairman tapestry and the silks sculpture. dealings.
the Federal Court. During his tenure, he more recently, the Archibald—with that of the Family Court of Australia in 2004
that I came to know him. I was a very I have the great honour to open the He is nowadays patron of the
undertook many significant procedural wonderful portrait of Barry Humphries. where she remained until her retirement in
junior member of the Queensland Bar extension to the Peter O’Callaghan QC Australia India Institute, which he
and case management reforms. But Her works are characterised by surreal 2017. In 2012 she was made an Officer of
Association and had been enlisted to act Gallery and to name the Hartog Berkeley was instrumental in founding and he
there were other undertakings perhaps juxtapositions, eerie light and strong the Order of Australia.
as its honorary secretary. I can still recall QC Room. chairs the Grattan Institute. These are
26 VBN VBN 27You can also read
