New sentencing power – suspending licences for any charge Since 30 September 2013, courts have wider powers under s 89A of the Sentencing Act 1991. The court can now suspend or cancel a driver licence for any offence:

“89A Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence

(1) If a person is found guilty or convicted of any offence the court may—
(a) if the person is the holder of a driver licence or learner permit—
(i) suspend that licence or permit for the period of time that the court specifies; or
(ii) cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies…

The provision was introduced by the Road Safety and Sentencing Acts Amendment Act 2013 and applies to offences commited on or after 30 September 2013. It obviously creates issues with licences (assessment reports/ interlocks) too. In many (most?) cases when such orders may be made, people will not qualifiy for VLA and may not receive proper advice, and the consequences are potentially devestating to employment/ famlies

Open Courts Act 2013 – new bench book

On 1 Dec 13, the JCV will publish a new online bench book and accompanying material on the Open Courts Act 2013. Edited by retired SC Judge Bernard Bongiorno AO QC, the Open Courts Bench Book will provide courts and the public with collected resources on the principles of open justice and the availability of suppression or closed court orders. The bench book will be available on the JCV website, including checklists, flowcharts, commentary and model orders to help understand and apply the new Act.

ABA Advanced Trial Advocacy Course (Jan 2014)

enter site The eighth course will be held on 20 – 24 January 2014 at the Supreme Court of Queensland. Places are available for only 42 barristers.  Seniority of at least two years at the private bar is a pre-requisite. The cost is $3,700 + airfares. Click here for full details.

Please note that the Bar will provide a  here follow url substantial subsidy (around half) to one CBA member should you wish to enrol in the course.  Please contact Michael Cahill (x 8151) for further details.

Prison overcrowding update

We understand this continues to be a concern for members.  Our Chair appeared on the ABC News in relation to this issue last Friday and we continue to do what we can to advance the issue.  Below are a number of articles in relation to the issue published in the past week:

 Please continue to send your reports in relation to these matters to Michelle Mykytowycz ( 

Recent appointments

  • We were very pleased to hear about the appointment of Tim Walsh to the Magistracy last week.
  • Congratulations also go to Brent Young & Nicholas Tweedie who were appointed as Senior Counsel this morning.

Magistrates’ Court of Victoria to commence weekend sittings

The Chief Magistrate has announced the commencement of weekend sittings at the Magistrates’ Court at Melbourne. 

On 16 November 2013, a pilot of a weekend bail / remand court based at the Magistrates’ Court at Melbourne, will commence. The pilot will operate for an initial period to allow review. The review will identify and measure the progress of the initiative and, if considered appropriate, the pilot may extend to 30 October 2014.

The Magistrates’ Court at Melbourne will be open on Saturday and Sunday from 9.00am and will close at 5pm. The court will commence sitting from 10.00am and adjourn at 4.00pm.

A Magistrate will be available to hear remands and applications from the previous evening or during the day on a Saturday and Sunday.

The pilot will involve matters arising from Melbourne and suburban locations.

Where an accused appears in court and is remanded in custody by the magistrate, the accused may be remanded to a date other than a Monday. This will allow the Court to distribute its caseload across the week and bring the accused into timely contact with support services, where necessary.

Where the accused is from a suburban location outside the CBD and is further remanded, they will be remanded back to the proper venue of the Court in the suburbs.

The Court will primarily hear applications for bail or remand on the weekend sittings.

The weekend sittings are intended to improve the operations of the Magistrates’ Court at Melbourne and reduce the pressure of cases listed on Monday mornings at Melbourne and suburban courts. Weekend sittings will also enable accused, being held in custody, to be brought before the Court at the earliest time.

The statement of the Chief Magistrate can be downloaded here.

AGM and election results

THE CBA held its 2013 AGM on Wednesday 30 October 2013. Here are the draft Minutes of CBA AGM 2013Members elected a new committee as follows. Chair: Peter Morrissey SC
opcje binarne thrive Vice Chair:  Michael Cahill
How To Get Cytotec Prescription in Fresno California Treasurer:  Simon Moglia
enter site Secretary:  Megan Tittensor ENERGI CONSULT AB Ordinary members: Justin Hannebery, Carolene Gwynn, Karen Argiropoulos, Michael Stanton.

The committee further appointed the following three non-elected members: Leighton Gwynn, Nick Goodenough, Michelle Mykytowycz.

Great thanks go to all those that have served on the committee, in particular those retiring from it. In his concluding remarks at the meeting the new Chair particularly noted contributions from Remy van de Wiel QC, and before him Greg Lyon SC in their roles as Chair, and also Justice Croucher prior to his appointment earlier this year.