Annual Report 2005-2006 - pilch

PROJECTS
Asylum Seeker Sub-Committee
The Committee, chaired by Alexandra Richards QC, has been involved in drafting
an opinion on the vexatious litigant provisions introduced by the Migration Litigation
Reform Act 2005. The provisions provide for ‘show cause hearings’ and cost
provisions to be invoked against practitioners where the Court finds that there is no
reasonable prospect of success. This written opinion will be made available to the
Asylum Seeker Resource Centre and VBLAS very soon.
The Committee has also monitored the introduction of the ‘show cause hearings’ in
the Federal Magistrates Court. At the suggestion of the Sub-Committee, the Victorian
Bar Council corresponded with the Chief Justice of the Federal Court and the
Chief Magistrate of the Federal Magistrates’ Court with a view to intervention in an
appropriate case where the proper construction and operation of the new vexatious
litigation sections of the Migration Act are under deliberation.
Pro Bono Survey
VBLAS, with the assistance of barrister Josh Wilson, compiled a pro bono survey
which revealed that, in 2005, 180 barristers performed 10,700 hours worth of
pro bono work, valued at approximately $3,400,000 spread evenly over advice,
appearances and paperwork. The work was undertaken overwhelmingly in the civil
law area sourced mainly from PILCH and the Victorian Bar Legal Assistance Scheme.
This is a substantial increase on the amount of pro bono work completed the previous
year whereby 9,600 hours of pro bono work, valued at $3,150,000 was achieved. It
is likely that the figures would be even higher had there been a higher response rate
to the survey.
POLICY AND ADVOCACY
Migration Law
The VBLAS Manager prepared a joint submission with Eve Stagoll of the Law
Institute of Victoria Legal Assistance Scheme in May 2006 on behalf of the Victorian
Bar and PILCH to the Commonwealth Senate Legal and Constitutional Legislation
Committee Inquiry into the Migration Amendment (Designated Unauthorized
Arrivals Bill) 2006. In particular we were greatly assisted by Ron Merkel QC, Jack
Fajgenbaum QC, the Legal Officer of the Victorian Bar, Mr Ross Nankivell, and
Paula O’Brien of PILCH. In addition, Ron Merkel QC appeared in person before the
Committee to address the key points of the submission.
The VBLAS Manager then prepared a joint media release with other members of
PILCH and the Human Rights Law Resource Centre concerning the amendments
to the above-named Bill that the Howard Government later submitted to the House
of Representatives and then withdrew from Parliament in early August 2006 when it
became apparent that the Bill would not pass through the Senate.
Support to the FCA O.80 and FMC Part 12 programs
VBLAS has continued to provide administrative support and advice to barristers
undertaking matters on a referral under an order of the Federal Court of Australia or
the Federal Magistrates Court. The Ethics Committee has now resolved that referrals
under these schemes are not caught by the prohibition of Rule 171 of the Rules of
Conduct.
Supreme Court Pro Bono Scheme
VBLAS is currently accepting referrals from the recently appointed Pro Bono
Co-ordinator for Self-Represented Litigants at the Supreme Court of Victoria, Ms
Bronwyn Hammond, on matters ranging from contractual disputes, to discrimination
matters. For all these cases, VBLAS applies both the means and merits assessments
as it does for all inquiries.
PROMOTION
VBLAS is promoted to potential volunteer barristers by speaking at each Bar
Readers’ course throughout the year. The managers of VBLAS are also extensively
engaged in the promotion of the Scheme, both to the legal profession and the broader
community. VBLAS is promoted through PILCH and Victorian Bar publications,
including regular updates in the PILCH newsletter PILCH Matters, the Bar newsletters
In-Brief and The Bar News, and the annual report for the Bar.
Further promotion of the Scheme was undertaken when the VBLAS Manager
presented a seminar with Paula O’Brien, the Executive Director of PILCH, to
Monash University Law Students undertaking the professional practice program in
April this year. The seminar explored the role of VBLAS in relation to the referral
work undertaken as well as project and training programs in addition to the work of
PILCH. The VBLAS Manager also provided information about the scheme in a PILCH
presentation to the law firm Landers and Rogers.
Kate Fischer – VBLAS Solicitor
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