Colleagues,
Welcome again to my message to you as a national Bar. I hope all is going well for you in what is a traditionally busy time of year. I trust you have all had a successful 2023.
Retirement of Chief Justice Kiefel and the Swearing-In Of Chief Justice Gageler and Justice Beech-Jones on the High Court of Australia
On 16 October 2023, a valedictory was held to mark the impending retirement of Chief Justice Kiefel of the High Court of Australia. I expressed on your behalf the profession’s appreciation for her Honour’s generation of service to the judiciary. My speech can be read on the ABA website.
On Monday, it will be my privilege to speak on your behalf at the ceremony to mark the appointment of Chief Justice Gageler and Justice Beech-Jones in the High Court.
ABA Conference — Cornerstone 2023
The Cornerstone 2023 conference at the Langham Hotel on the Gold Coast in September was a great success. The conference was well-attended, and the speakers were excellent.
Notably, it was one of the last public addresses of Chief Justice Kiefel, who is due to retire on Sunday.
I would particularly like to thank all of our colleagues who assisted with the organisation or participated as speakers; and the ABA personnel, Professor Greg Tolhurst, the CEO; Ms Kelsey Rissman, the CFO; and Ms Liz Barr, the EA, for all of their efforts in bringing the conference to such a successful event.
Proposed ABA Conference for 2024
It is proposed that the ABA Conference in 2024 will be held in conjunction with the New Zealand Bar Association, in Queenstown, New Zealand, around August of 2024.
The Voice to Parliament Referendum
Since the last National Brief, the referendum on the Voice to Parliament has been held, and the result well known to you all. I would like to express my personal appreciation for the contribution that so many barristers made in setting the example for a meaningful but polite exchange of views on what was obviously a contestable topic. It is what we should do best, and we did.
Cost of access to authorised law reports
This topic is progressing, albeit slowly. I expect to have more to report to you in the coming months.
CPD program and best practice guidelines
A number of best practice guidelines are in the process of being finalised, with more to come. If there is a particular area of practice that any member thinks would repay such a guideline, please do not hesitate to contact somebody at the ABA.
Consistent with what is intended by the guidelines, a best practice guideline on ex parte orders was presented to the Cornerstone 2023 conference.
Registrations are open for the 2024 Advanced Trial Advocacy Intensive, to be held in Sydney between 22 and 26 January.
This course provides realistic briefs in both criminal and civil proceedings, allowing you to gain valuable experience with senior coaches to develop your advocacy skills in real court settings.
Groups are small and the coach-to-participant ratio is high. This one week residential Trial Advocacy Intensive enables you to work closely with judges and experienced counsel which will include Federal and Supreme Court Judges, senior Australian counsel and International counsel as well as performance and voice coaches with expertise in voice, movement and impact.
The Intensive involves discussion and comment on each aspect of trial performance. This course will advance your skills as an experienced barrister and will focus on developing your strengths in addressing, examining-in-chief and cross examining.
Registrations close Thursday 30 November 2023.
For more information and to register click here.
For all enquires please contact the ATI Secretariat at cpd@qldbar.asn.au or phone (07) 3238 5100.
Dominic Toomey SC, Vice-President of the ABA, will provide regular updates on the Australia-UK Free Trade Agreement
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te on the A-UKFTA I drew members’ attention to the principal provisions in the agreement concerning lawyers. In particular, attention was drawn to the establishment, under the agreement, of the Legal Services Regulatory Dialogue (Dialogue) composed of representatives from the legal professions of Australia and the UK, whose objectives include the consideration of matters affecting current requirements for requalification, directed specifically to their liberalisation.
Since then, the Law Council of Australia, which is the principal representative of the Australian profession on the Dialogue, has sought submissions from constituent bodies, and attended a preliminary meeting of Dialogue participants on 3 October 2023. Under the Agreement, the Dialogue is encouraged to meet annually for the first three years from the date of entry into force (i.e. 31 May 2023), and to produce a report by January 2025. It is expected that the first substantive meeting of the Dialogue will occur in early 2024, by which time the LCA and other regulatory body representatives on the Dialogue will have had an opportunity, with the benefit of submissions from constituent bodies, to develop their policy positions.
The development of those policies is understood to be progressing. Much attention will necessarily be given to the requisite criteria for admission as an Australian legal practitioner. From the Bar’s point of view, however, there will of course be a particular focus on the additional requirements imposed by the respective independent referral bars to practise as a barrister. I can assure members that we will continue to pay close attention to this matter as it develops, and, where necessary, to advocate for our constituent bars.
The Ross Ray QC Scholarships commemorate the late Ross Ray QC, member of the Victorian Bar and the inaugural Chair of South Pacific Lawyers Association, and his dedication to advancing South Pacific lawyers and legal associations.
Each year, the Law Council of Australia partners with the Australian Bar Association to enable a maximum of two South Pacific lawyers to attend the Essential Trial and Advocacy Course, which is held alternately in Perth and Adelaide. In 2023 it will take place in Adelaide.
These scholarships are an invaluable opportunity to assist early career lawyers to develop a range of advocacy skills through individualised coaching.
The scholarships are valued at up to AU$8,000 each, and include:
This year’s recipients are Ms Eunice Noki of Papua New Guinea and Ms Ann Matalasi of Samoa.
The Minds Count Foundation (formerly the Tristan Jepson Memorial Foundation) held its annual lecture at the Federal Court of Australia in Sydney in August 2023.
The Hon. Justice Jayne Jagot of the High Court of Australia delivered the keynote address, titled ‘Burning Bright Without Burning Out’.
Following the keynote, Peter Dunning KC, President of the ABA, took place in a panel discussion facilitated by Danielle Kelly, Director of Culture and Inclusion at Herbert Smith Freehills. Other panellists included Justice Jagot and Fiona McLeay, CEO and Commissioner of the Victorian Legal Services Board.
A recording of the panel is available here.
On 13 September 2023, Peter Dunning KC attended and spoke at the Ceremonial Sitting of the Full Court of the Federal Court of Australia to welcome the Hon. Justice Yaseen Sharrif.
The Hon. Chief Justice Susan Kiefel AC of the High Court of Australia was farewelled in a Ceremonial Sitting on Monday 16 October 2023. In attendance were Peter Dunning KC, along with the Presidents of the Bars of the ACT, NSW, QLD, SA, VIC and WA. Mr Dunning’s speech can be read here.
Peter Dunning KC attended the Ceremonial Sitting of the Full Court of the Federal Court to Welcome the Hon. Justice Christopher Horan in Melbourne on 20 October 2023.
