Ticket for change sets about scrapping the changes … Jabots in a tangle at Vic’s Bar ‘n’ Grill … Email meltdowns … Burning questions … No nous for Nous … Blandification of the bar … “World class” barristerial biffo … Peach Melba explains what went down
The conservatives in charge of the “change” ticket have been true to their word – reverse gear, full-speed.
For people outside the William Street bubble it is difficult to appreciate the scale of the emotional venting that accompanied the decision by the previous bar council to commission Nous Group consultants to review the Grill’s educational programmes.
This might be as good a moment as any to bring everyone outside this ant colony up-to-speed with the antics and the fun.
Theodora reported in July that the bar council under Wendy Harris QC was having trouble with the Essoign Club, following a survey which revealed the club’s offerings “enjoy mixed support across the bar as a whole … many members indicating dissatisfaction with the quality, atmosphere, service and costs”.
Anyone under 75 wouldn’t be seen dead in the place, while many of the regular buffers have remained mummified and in place for decades.
Harris wanted a better deal for younger members and there was some frosty to-and-fro about renewing the lease next year.
This is what passes for a culture-war issue at Vic’s bar.
Old codgers were also incandescent about outside consultants getting their hands on the bar’s peerless educational programs; about a study tour to the UK by Wendy Harris and the CEO Katherine Lorenz; a dinner with attorney general Porter arranged at the home of an earlier president Matt Collins; and the abhorrent notion that barristers should be instructed about sensitivity and sexual harassment.
Some of the personal attacks from old, white fossils directed at Harris and Lorenz were nasty and unjustified.
The streams of foam-flecked emails to the rank and file showed that some people had vast amounts of spare time on their hands.
Graham Robertson from ODCW, was particularly preoccupied with emails to all and sundry demanding answers from the authorities:
There were follow up questions on costs.
“The Victorian Bar has engaged yet another outside consultant called ‘Art of Mentoring’ to help implement and administer the program.
This pilot program continues an obsession by this bar council to outsource key aspects of our profession to expensive non-barrister corporate consultants.”
Robbo claimed the plan was for greater centralisation and control by the bar council and the bar office. “This will eviscerate the mentor/reader relationship.”
On October 21, president Harris told the membership that the council had accepted 30 of the 33 education recommendations from the Nous Group.
The Nous report had an abundance of stuff about “clarification” and “communication” along with a proposal, the subject of grumbles from old crusties, to take steps to “address equity issues and improve the diversity of the bar”.
The suggestions by Nous relating to shifting the oversight and control of education programs away from the Readers Course Committee were not adopted.
That had become the hot-potato issue that could not be touched by the inner sanctum.
All of this set the scene for the election – with voting opening on October 27. The mood was fragile and fraught. Paul Holderson QC distributed a “vote for change” message:
“The team I am supporting all feel passionately about bringing better governance to the bar council. They are committed to putting the interests of members first.” This was shorthand for lets wind back the clock.
He was soon followed by a thicket of emails, many of which were protesting that the bar council was “motived by ideology”.
Chris Canavan QC distributed a missive on October 24, which put into context the overarching issues facing the bar. After all, the Victorian bar had been plagued by recent scandals – Nicola Gobbo shopping her clients to the coppers; Norman O’Bryan plundering class action clients; and there was the lingering odour of sexual harassment made all the more pungent by the Dyson Heydon revelations.
Canavan reminded everyone that the bar’s share of the market is shrinking “at an alarming rate”. Also the presumption of self-regulation is under threat:
“The Legal Services Commissioner has not been satisfied with the adequacy of the bar’s internal self-regulation processes which has led to substantial efforts by the bar council and the bar’s CEO to reform them …
The commissioner is also concerned with bar culture, and with how the bar seeks to prevent poor conduct …
Contrary to the beliefs of some. The bar council over recent years has faced significant challenges and has been acting for, rather than against, the interests of its members.”
His perspective made no difference, and the the ideologically infused “change” ticket of 21 swept the field, although there was one mishap which rather spoiled the fun.
Simon Marks QC, the vice-president on the outgoing council, swapped horses and, much to the surprise, of his former colleagues, joined the changelings. It was widely anticipated that Marks would be the new president and when this didn’t happen he promptly resigned – shades of Peter Dutton not being able to add up.
As part of the unedifying mess, another election is underway for someone to replenish Marks’ vacancy.
Among the outgoing councillors was Kathleen Foley who had appeared on 4 Corners to deliver a cheerio-call to her old Perth chum, Christian Porter.
It was mistakenly believed and reported that she lost her place because of the bucket she tipped on The Christian. Voting had been open for something like a fortnight before she blew the whistle on Porter’s creepy sexism – so in no way could her comments be related to the election outcome.
The Financial Review’s legal affairs man, Cardinal Pelly, reported that he had a brusque experience with the appropriately named Blanden, who precipitously terminated the reporter’s phone call when asked about his plans for the year ahead.
Sunshine is a rare commodity in the world of closed-shop lawyers’ guilds.