LIV

The LIV is of the view that the opportunities presented by AI cannot be capitalised on without AI technologies being appropriately understood, and the risks being appreciated and addressed in principle-based, people-centric regulation.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/liv_advocacy__senate_inquiry_on_adopting_artificial_intelligence.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

www.liv.asn.au

Congratulations Sarah Cooney! 🏆🎉

We are thrilled to announce that Sarah won the Victorian Golden Gavel Competition last night with her outstanding display of public speaking skills and comedic brilliance!

Sarah dazzled the audience with her wit, creativity, and eloquence, truly deserving a 'happily ever after' ending!
Thanks to all of the talented participants who competed this year.

Even when faced with pressure to act inappropriately by an employer, junior solicitors must remember they are officers of the court and exercise independent judgment.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/ethics__duty_to_the_court_prevails.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

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The LIV congratulates newly appointed Judicial Registrar Katherine Lorenz and Judicial Registrar Natalie Burgess on their appointment to the Supreme Court of Victoria.

Read more on the recent appointments here: https://www.supremecourt.vic.gov.au/news/judicial-registrars-appointed

Judicial Registrars appointed Katherine Lorenz and Natalie Burgess have been appointed judicial registrars of the Supreme Court of Victoria.

Join us on Thursday 19 September at the Property Law Conference 2024! The conference will cover the latest changes to the LIV Sale of Land Contract, recent case law developments and much more.

Early Bird closes this Friday 23 August, get in quick!

https://www.liv.asn.au/propertyconference?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=propertyconference

The first national survey of Legal Aid Private Practitioners is closing this Friday!

National Legal Aid has partnered with researchers from the Social Policy Research Centre at UNSW Sydney to conduct a comprehensive survey of Legal Aid Private Practitioners. The results of the survey will form an important body of evidence on nationwide Legal Aid service delivery, including the demographics and experiences of work as a Legal Aid private practitioner.

Participate here: https://unsw.au1.qualtrics.com/jfe/form/SV_0vp7WTYUyEFE42a

Our legal assistance sector is in crisis, struggling to meet the growing demand for services due to decades of funding neglect.

On 28 May 2024, the Final Report of the Independent Review of the National Legal Assistance Partnership highlighted the urgent need for increased government support to transform access to justice in Australia.

For more information, see here:https://lawcouncil.au/publicassets/112c0d93-7d54-ef11-94a7-005056be13b5/A2J4ALL%20Factsheet%201.pdf

National Legal Aid has engaged researchers from the Social Policy Research Centre at UNSW Sydney to conduct a survey of Legal Aid Private Practitioners.

The results of the survey will inform the future work of Legal Aid Commissions with private practitioners and also an important body of evidence for the advocacy of National Legal Aid nationwide.

The survey will close next Friday, 23rd August 2024.

Participate here: https://unsw.au1.qualtrics.com/jfe/form/SV_0vp7WTYUyEFE42a

Join us over lunch for an important discussion on the challenges young lawyers face in disconnecting from work.

Katie Sweatman from Kingston Reid will discuss the new right to disconnect laws and their potential impact on young lawyers. Emily Knowles, LIV Wellbeing Manager, will share practical strategies for negotiating a healthy work-life balance with your employer. Grace Cue, LIV Young Lawyers President, will also offer insights from our young lawyer community.

This is just the beginning of an important conversation on creating healthy workplaces where young lawyers can thrive.



https://www.liv.asn.au/eventdashboard?EventKey=EVE24Y2808&utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=EVE24Y2808

Unplugging: The right to disconnect for young lawyers | Law Institute of Victoria Explore the 'right to disconnect' with legal experts discussing its impact on young lawyers, workplace challenges, mental health and strategies for maintaining a healthy work-life balance.

Heads of Agreement are frequently used in commercial transactions to record agreed terms. Many clients see these preliminary agreements as a simple step in informing the drafting of a property sale contract.

However, as the findings in Patel v Sengun Investment Holdings Pty Ltd [2023] VSCA 238 (Patel) demonstrate, these agreements can bind parties to proceed with a sale, unless there is a clear contrary intention.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/property__in_a_bind__enforceable_heads_of_agreement.aspx

Property: In a bind: Enforceable Heads of Agreement | Law Institute Journal Patel v Sengun Investment Holdings Pty Ltd is a timely reminder of the potentially binding nature of preliminary agreements in land sales.

The courtroom: where the stakes are high and emotions run deep. For those who live this intense world, from judges to litigants, the pressure is palpable.

Amid relentless pressure, finding balance and maintaining clarity is crucial. Discover how lawyers and members of the judiciary navigate this emotional maze and strategies to protect their wellbeing.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/the_courtroom_an_arena_of_professional_stress_and_wellbeing.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

www.liv.asn.au

About Time is launching to give incarcerated Australians a powerful new platform to share their voices and stories!

About Time is a free, independent monthly magazine will provide vital news, letters, and creative content, all crafted by those with lived experience. It’s more than just a publication — it’s a lifeline for connection, education, and expression behind bars.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/inside_beat.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

www.liv.asn.au

This year’s MC is no stranger to Golden Gavel. Returning as MC for the second time, he has also previously placed as a runner-up and won both the state and national competitions.

He is an Associate in the Commercial Litigation team at Corrs Chambers Westgarth and has worked on many large cases including the Crown Royal Commission, the Rinehart trial and the Epic Games/Google trial.

He describes himself as being to Golden Gavel what winter is to Melbourne – all too familiar and disliked by most!

He also concedes that he is commonly overshadowed by his sister-in-law’s newborn twins. Sure, they can walk, but can they talk? Nope. Nick can though – and he’s pretty good at it too!

Introducing Nicholas Garbas as he returns to Golden Gavel for the fifth time, this year as MC!

Find out more at https://www.liv.asn.au/goldengavel?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=goldengavel

DNA experts should not speculate within a court setting as to how DNA identified at a crime scene came to be there, a DNA expert witness told the LIV Criminal Law Conference in late July.

Roebuck Forensics director Helen Roebuck told conference delegates that the courts should treat with caution any opinion given by a DNA expert as to how DNA came to be transferred to an item.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/August/DNA_evidence_Proceed_with_caution.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

www.liv.asn.au

The Victorian Legal Services Board and Commissioner (VLSB+C) is driving lawyer wellbeing with its new Program, launched in 2023. Focused on research, systemic change, and collaboration, it aims to improve mental health in the legal profession. Key initiatives include developing a Theory of Change, supporting groundbreaking research, and creating practical wellbeing guidelines.

Learn more about how VLSB+C is shaping a healthier legal landscape in the Law Institute Journal.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/the_lawyer_wellbeing_program_working_together_to_achieve_systemic_change.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

www.liv.asn.au

For many years, philosophers, scientists, academics and scholars have pondered the nature of “wellbeing”. Truth is, wellbeing is not one thing, but a concept that spans multiple domains.

This includes the physical, mental, emotional, economic, social, political, spiritual and others.

https://www.liv.asn.au/web/law_institute_journal_and_news/web/lij/year/2024/august/the_neuroscience_of_conflict.aspx?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=

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The LIV congratulates longstanding LIV member and Accredited Specialist in Immigration Law, His Honour Judge Peter Papadopoulos on his appointment to the Federal Circuit and Family Court of Australia (Division 2).

His Honour Judge Papadopoulos has experience working in private practice and has been a registered migration agent since 1997. In 2022 he was appointed as a Member of the Administrative Appeals Tribunal.

https://www.fcfcoa.gov.au/news-and-media-centre/media-releases/mr050824

More than 200 members attended this year's LIV Criminal Law Conference on July 25 and 26 at the Grand Hyatt and online, with 30 speakers presenting at 13 sessions across the two days.

Check out some photos from the day!

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/Court_on_Camera_Criminal_Law_Conference_2024.aspx?utm_source=linkedin&utm_medium=social&utm_content=&utm_campaign=

The LIV welcomes the Youth Justice Bill’s focus on early intervention and diversion to keep young people out of the criminal justice system.

"How we nurture and support our children and young people is a reflection of the values of the society in which we live and the future community that we are building. We need to get this right for their futures, and for ours."

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/August/From_the_president__Support_for_youth_justice_reform.aspx

From the president: Support for youth justice reform | Law Institute Journal The LIV welcomes the Youth Justice Bill’s focus on early intervention and diversion to keep young people out of the criminal justice system.

While Victoria, Queensland and the Australian Capital Territory have their own Human Rights Acts, there is currently no national equivalent. Some of the most basic fundamental human rights recognised in international law are not currently protected under the Australian Constitution or otherwise by national legislation (something of which more than half of Australians are unaware.

The LIV has long supported the introduction of a national Human Rights Act that would provide protection for such rights. Most Australians (76 per cent, according to Amnesty International’s Australia Human Rights Barometer Report 2021) are in favour of the introduction of a national Human Rights Act.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/LIV_Advocacy_Call_for_national_human_rights_act.aspx

LIV Advocacy: Call for national human rights act | Law Institute Journal The current system of Australian human rights protections is piecemeal and, in the view of the LIV, inadequate.

A new program offers free legal support to keep more renters safely housed across Victoria.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/Pro_bono__Safety_on_the_home_front.aspx

Pro bono: Safety on the home front| Law Institute Journal A new program offers free legal support to keep more renters safely housed across Victoria.

This month’s books cover the immigration of Irish lawyers, expert evidence and spy fiction.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/In_Print.aspx

In_Print | Law Institute Journal This month’s books cover the immigration of Irish lawyers, expert evidence and spy fiction.

The LIV has expressed its concerned about proposed major increases in probate fees.

LIV Chief Executive, Adam Awty spoke on proposal in the Herald Sun highlighting the potential limitation on access to justice, the deterrence of probate completion by executors and the massive financial burden brought to grieving families.

Read the full release here:
https://www.liv.asn.au/Web/Advocacy___Media/Media_Releases/Web/Advocacy/Media_Releases/2024/LIV_concerned_about_proposed_major_increases_in_probate_fees.aspx?_zs=flhNo&_zl=q4f23&utm_source=linkedin&utm_medium=social&utm_content=&utm_campaign=

https://www.heraldsun.com.au/news/victoria/grieving-families-hit-with-massive-financial-burden-under-stealth-death-tax-law-institute-of-victoria/news-story/36eb6905cc7c70af8cdcb34c22f6fc11

Grim warning over state’s death tax plans Victoria’s peak legal body has warned against plans by the state government to introduce a “death tax by stealth” saying it would add a massive financial burden to grieving families.

Thank you to everyone who attended this year's Criminal Law Conference!

It was great to hear from esteemed speakers about ranging topics of Criminal Law, from the nuances of bail applications in family violence matters to offering culturally safe legal services to First Nations clients, and other critical issues in the criminal law landscape.

We would also like to thank our conference sponsor, Svenson Barristers.

We have introduced two of our three noble judges for this year’s Victorian Golden Gavel – now for our final judge:

The LIV’s own Young Lawyers President, the third judge remembers taking her roles in the Monash Disney Society during her uni days far too seriously, as well as having tortured herself through a thesis on criminal law. All of this brings a unique blend of legal prowess and fairytale fascination to the judging panel at the 2024 Victorian Golden Gavel.

She has fought dragons (read: people with problems) daily with her extensive background in employment law and HR. She vows to ensure that even the most fanciful arguments and spells will be met with fair judgement – as fair as Snow White!

Introducing Grace Oakley!

https://www.liv.asn.au/GoldenGavel?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=GoldenGavel

Victorian Government proposals for probate fees will lead to a massive financial increase to settle many estates, according to the Law Institute of Victoria.

“The death of a loved one is probably the hardest time in anyone's life. These increased fees would add extra stress and financial hardship on families who are already suffering. They can’t access the bank account of their deceased loved one so they need to find the money for filing fees somewhere else.”

https://www.liv.asn.au/Web/Advocacy___Media/Media_Releases/Web/Advocacy/Media_Releases/2024/LIV_concerned_about_proposed_major_increases_in_probate_fees.aspx?_zs=flhNo&_zl=q4f23

www.liv.asn.au

Yes, there are conspiracy theories widely circulated on social media and believed by many.
However, it is inarguable that we are more watched, tracked, monitored and instructed than we have ever been.

This has implications for lawyers, because the profession is often in the vanguard of protecting individual freedoms, while also having to deal with an increasingly complex series of laws surrounding privacy, online safety, information gathering and national security.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/With_all_due_respect__Out_of_control.aspx

With all due respect: Out of control | Law Institute Journal In the inner suburbs, bins are taking over, like an invasion of the Daleks.

It is all happening at the 2024 LIV Criminal Law Conference!

"The past year presented the legal profession and particularly the criminal sector with many challenges and changes. As criminal lawyers, you are familiar with challenging circumstances and frequent change!"

LIV Chief Executive, Adam Awty has kicked us off as we take a deep dive over the next two days into essential updates and practical insights on recent and imminent reforms for criminal practitioners.

Even though the Australian legal profession is now more diverse than ever, 77 per cent of practising lawyers are Australian-born.

As the profession continues to evolve, it is important to embrace diversity and foster relationships with individuals from different backgrounds and experiences.

Many diverse legal associations offer support and a community for members to network and build relationships.

https://www.liv.asn.au/Web/Law_Institute_Journal_and_News/Web/LIJ/Year/2024/07July/Diversity__From_challenge_to_change.aspx

From challenge to change | Law Institute Journal Embracing diversity through networking is good for practitioners and the legal profession.

His Honour Magistrate Tim Schocker will be joined by our second judge who brings his litigation expertise and a touch of courtroom magic to the Victorian Golden Gavel.

Our second judge is a Principal Lawyer and the head of Maurice Blackburn’s Victorian medical negligence practice.

He is an LIV Accredited Specialist in Personal Injury law and has been recognised by the Doyles Guide as a pre-eminent medical negligence lawyer in Victoria. He is the Deputy President of the LIV and a past Victorian President of the ALA.

Introducing our second judge, Tom Ballantyne AccS(PI)!

https://www.liv.asn.au/GoldenGavel?utm_source=facebook&utm_medium=social&utm_content=&utm_campaign=GoldenGavel