Current submissions

THE CBA is currently preparing submissions on the following. If you are interested in helping, please contact Megan Tittinsor or Simon Moglia asap. Note the deadlines where applicable.

State’s courts and prison system ‘at breaking point’

CBA Chair Remy Van de Wiel QC was again interviewed on the ABC news last night regarding prison overcrowding and prisoners not being brought to court:

State’s courts and prison system ‘at breaking point’ – ABC News (Australian Broadcasting Corporation).

Please continue to keep us informed of your relevant cases, including remedies sought, by emailing Michelle Mykytowycz at


Magistrates’ Court sitting at County Court

To assist with the management and transport of prisoners to court proceedings, the Magistrates’ Court of Victoria will commence the hearing of matters at the County Court of Victoria. The sittings will allow the Magistrates’ Court to utilise the custody facilities at the County Court and make more space available within the Melbourne Custody Centre

On 22 October 2013, one list per day will commence sitting at the County Court. The sittings will conclude on 30 June 2014. A review will be undertaken prior to the conclusion of the initiative. The list will be made up of:

  • pre booked bail applications (where the applicants are held in a corrections facility); and
  • pleas of guilty and consolidated pleas of guilty (where the accused is held in a corrections facility).

Prison overcrowding – members meeting (Wed 16 Oct)

source ** Chief Magistrate Peter Lauritsen will help lead this discussion **

All members are invited to a meeting in the Neil McPhee room on Wednesday 16 October at 1pm.

The CBA is aware that prisoners are often not produced to the court on the date their matter is listed, despite CBA pressure and media interest.  There are numerous problems with this practice:

  • It is unfair and oppressive to prisoners;
  • It is potentially contemptuous of the relevant court;
  • It is prejudicial to the orderly practice of our members, upon whose efficiency the courts rely (and increasingly so given the Jury Directions Act).

The CBA is also aware that individual prisoners might be loathe to litigate these difficulties: taking on ones gaoler is a perilous enterprise!  However, the individual remedies which might be available in a given case cannot be pursued without instructions.  In addition, many prisoners – perhaps most – can ill afford to pursue speculative and lengthy litigation, especially given the time-frames of Magistrates Court criminal proceedings.

We intend to raise the matter, once again, with the attorney and the Chief Magistrate.  To do so persuasively, we need anecdotes of relevant cases.  We have some, we know there are more.  Please help!

Please email any details to Michelle Mykytowycz at  Lavish detail is not needed, one approach might be as follows:  click here Shane Bloggs click   free download indicator smart forex system 3.9.2013 Sildenafil Citrate på nätet lagligt   opzioni binarie e stocastico Sunshine MC iq option binary option broker   here Contest mention  Mr McKenna M Matter adjourned, bail granted in absence

Focus group on forensic science issues (Wed, 16 Oct)

Anna Davey, who many of you will know, has facilitated a number of forensic science/medicine presentations to the criminal bar, has offered DNA training workshops for the last two years, and conducted expert witness training workshop (in which many members of the Bar have assisted) for many years. Anna is also undertaking a part-time PhD at Monash. The initial working title of the PhD was “Developing effective partnerships between persons with specialised knowledge (experts) and the legal system”, however it has recently been amend to “An examination of the role of education and/or training as a mechanism to enhance the use, reception and effectiveness of scientific expert evidence in criminal trials in Australia.”

As part of this study Anna needs to interview a range of experienced experts and advocates. The research tool she is using is similar to a focus group but is more structured and is very efficient at ‘exacting’ information from the participants in a relatively painless / non-threatening fashion! It is called “World Cafe” ( Ethics approval for this research has been obtained from Monash University Human Research Ethics Committee

So far she has conducted these focus groups and collected data from approximately 150 scientists but needs to balance this with data from advocates/legal practitioners.

She is therefore extending an invitation for you to participate in one of these groups on Wednesday 16th October at 4.30 in the Essoign Club. The session will go for a maximum of one hour and drinks and nibbles will be supplied. Once analysed all the results will be made available to the participants.

If anyone is interested in participating but cannot make it on the 16th she would love to hear from you. Her e-mail is

Liberty Victoria Annual Dinner (Sat 12 Oct)

The Liberty Dinner will be held on Saturday 12 October 2013 at the San Remo Ballroom in Carlton North.

Our own Jane Dixon SC is the current President of Liberty, and many others from our ranks are either on the committee or members of Liberty.  They would love to see some more CrimBar members coming along to enjoy what promises to be a great night.  Comedian Corrine Grant, comedian, will be MCing events, there will be a presentation of the Voltaire Award to Arnold Zable for his outstanding contribution to free speech, ARIA award winning singer Kavisha Mazella will be performing, and there will be an auction of a number of items generously donated by sponsors.

For further details go to

2013 AGM (Wed, 30 October)

Our AGM will be held in the Neil McPhee Room (window end), Level 1, ODCE on Wednesday, 30 October 2013 at 5:15pm.

Please click here for the 2013 AGM Notice and attachments (Notice of the AGM, minutes of the last AGM, a report on our activities and the financial statements) which will be received at the meeting.  Also attached to the notice are nomination and proxy forms in relation to the elected positions on the committee.  Nominations are due in by 5pm on Wednesday, 23 October 2013.

We look forward to a good showing of members both in terms of nominations and attendance.  Drinks will follow at the Essoign Club.