Yarraside’s “anti-woke” uprising … Blandification of Vic’s Bar ‘n’ Grill … Difficulty stumping-up $110 per brief to fund lawyers’ voice to the nation … “Complicated issue” … More responses to come … Outcry over push to return to court … Peach Melba reports 

Vic’s Bar ‘n’ Grill has terminated its membership of the Law Council of Australia, claiming the organisation’s compulsory fee structure is not “fit for purpose” – whatever that means. 

The bar decided it would not pass on to members the capitation fee “on an involuntary basis”, especially in the midst of the COVID-induced downturn.

In a statement to Justinian, the Law Council which is the national voice for the legal caper representing law societies and bar clubs around the nation, questioned the idea that Yarraside barristers would struggle to pay its fees:

“The fees charged per practitioner are small compared to the membership fees charged by the constituent body, such as the Victorian Bar Association,” LCA president Jacoba Brasch QC said. 

For the 2021-22 financial year, Vic’s Bar ‘n’ Grill would have faced roughly $230,000 in LCA capitation fees. Such fees are levied on each of the Law Council’s constituent bodies, though the amount depends on size. 

There is not much transparency about the amounts raked-in by the LCA, however we know that in 2016 the NSW Law Society paid nearly $3 million. 

While capitation fees are charged to constituent bodies directly, the Victorian Bar has (until now) passed the cost on to its rank and file. Shared among 2100 members, the fee works out at about $110 per brief. 

“The Bar Council determined that the existing fee structure of the LCA was no longer fit for purpose.

I, therefore, wrote to the LCA on 21 December 2020 giving the required six months’ notice to avoid incurring the capitation fee for the financial year ending 2022.” 

The schism will take effect on June 30, and will leave the Vic’s Bar the only state or territory lawyers’ outfit not represented on the Law Council.  

It means Victorian barristers will no longer be eligible to run for Law Council positions, including the presidency. It also means the Vic Bar will not be involved in discussions to formulate the Law Council’s policy positions, Dr Brasch said.

“It is disappointing that the Law Council will no longer have expertise from the Victorian Bar Association, although we will continue to have the benefit of the wisdom of many other lawyers around Australia.”

When contacted by Justinian, Blanden declined to give any further information. The suspicion in many minds is that the bar council’s departure has as much to do with “values” as it does with money.  

The council’s “change” agenda, involves unravelling the work on barrister education, overseas study tours, and programs on sensitivity and sexual harassment – issues with which the LCA is in alignment. 

Since the start of the pandemic, the bar has been asking for fee reductions from the Law Council.

The Law Council slashed fees for 2020-21, but did not waive them entirely. Then, midway through 2020, a conservative “Vote for Change” ticket swept the bar council elections, with a mandate to undo the overly “woke” elements in Bar ‘n’ Grill culture. 

Blanden, who was not part of the Vote for Change ticket, nonetheless supports some of the more traditional aspects of bar life, especially the barristers’ red wine and cheese activities at the Essoign Club. 

He also took it on himself to reduce Law Council fees. In his all-bar email, he said he had approached the LCA with two proposals for “modernising” its fee structure: 

“The first involved an ‘opt in’ choice by our members who wished to be a contributing financial member of the LCA. The second proposed the implementation of a nominal capitation fee if membership remained involuntary.”

“It is the constituent bodies who are the members of the Law Council, and it is therefore contrary to the Law Council’s constitution and business model for individual members to pay fees to the Law Council.”

Apparently both Blanden and Brasch are open to further discussions.

“The Law Council will always be open to working with Victorian Bar Association in the hope of renewing their contribution to the Law Council,” Dr Brasch told us. 

Blanden will be busy with his follow-ups. He told the troops on Friday (March 19): 

“This is a more complicated issue with a long history. It is my intention to give members a special update on the position with regard to our membership next week.”

In response to the backlash over his push to get everyone working face-to-face in court Blanden added, “I always welcome feedback from members. I will provide a considered response to the authors of that correspondence shortly.”