Criminal Law Conference

Catch up on all the relevant issues in criminal law right now. Our expert panel of barristers and solicitors will guide you through the intersection of mental health and criminal law, an important update on bail, how to successfully navigate complex sentencing, complicity in murder and sexual offences. The ethical issues that arise in criminal law practice will also be covered as well as how to run a run a committal and strategies to help you effectively deal with stress and trauma in practice.

Wednesday, 29 March 2023
12.20pm to 1.05pm Sexual Offences

Receive the latest information concerning sexual offences including an introduction to the Justice Legislation Amendment (Sexual Offences and Other Matters) Bill 2022 (Vic).
Presented by Holly Boylan, Senior Associate, Furstenberg Law

Practice Management & Business Skills
4.15pm to 5.15pm Dealing with Stress and Trauma in Your Criminal Law Practice
  • Understanding our stressors
  • Tips for maintaining a healthy mindset and well-being
  • Coping with vicarious trauma 

Presented by Manny Brennan, Partner, Emma Turnbull Lawyers

Ethics & Professional Responsibility
2.00pm to 3.00pm Dealing with Ethical Issues when Practicing Criminal Law
  • What not to do when practicing in the criminal jurisdiction
  • How to deal with an ethical complaint
  • Lessons from Lawyer X and the Banksia Securities litigation 

Presented by Brind Zichy-Woinarski, Barrister

10.50am to 11.35am Update on Bail
  • Exceptional circumstances and compelling reasons
  • Special consideration for children and First Nations people  
  • Surrounding circumstances
  • Preparation for bail application
  • Recent bail decisions
  • Proposed reforms

Presented by Melinda Walker, Accredited Specialist in Criminal Law

9.50am to 10.35am Navigating Complex Sentencing
  • Mandatory sentencing, mandatory minimum and presumptive sentencing
  • Navigating mandatory sentencing on negotiating the charge
  • Available sentences and structure when there are both C’th and state offences on the indictment
  • Sentencing post covid

Presented by Mihal Greener, Barrister

Professional Skills
3.00pm to 4.00pm Committals: A Practical Guide to Preparing and Running Committal
  • Identifying the issue(s) in dispute
  • What am I trying to achieve out of a committal?
  • Running the committal 

Presented by Amit Malik, Barrister, Gorman Chambers

Session 1: Critical Updates for Criminal Lawyers

Chair: Avi Furstenberg, Principal Solicitor, Furstenberg Law; Accredited Specialist in Criminal Law; Doyle’s Recommended Leading Criminal Law Defence Lawyer, 2022

Session 2: Ethics, Professional Skills and Practice Management for Criminal Lawyers

Chair: Fiona Jenkins, Partner, Tony Hargreaves & Partners Lawyers; Accredited Criminal Law Specialist

11.35am to 12.20pm Complicity in Murder
  • Complicity in broad terms
  • Aiding and abetting
  • Acting in concert
  • Joint criminal enterprise
  • Complicity in common law murder
  • Complicity in statutory murder
  • Discussion of relevant case law
  • Audience questions answered

Presented by Robyn Harper, Crown Prosecutor, Office of Crown Prosecutors

9.05am to 9.50am The Intersection of Mental Health and Criminal Law
  • Mental impairment as a defence in both the Magistrates’ and County/Supreme Court
  • Unfitness to plead 
  • Working with experts 
  • Practical Issues where mental health intersects with criminal law

Presented by Zubin Menon, Barrister and Tim Marsh, Barrister

9.00am to 9.05am Opening Comments by the Chair
Description

Attend and earn 7 CPD units including: 
4 units in Substantive Law 
1 unit in Ethics & Professional Responsibility 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills

This program is based on VIC legislation

10.35am to 10.50am Morning Tea
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
4.00pm to 4.15pm Afternoon Tea

Presenters


Ms. Holly Boylan, Senior Associate,
Holly is a criminal defence lawyer with Furstenberg Law. Holly was admitted to legal practice in August 2018 after completing her Bachelor of Laws at Victoria University and graduating with Honours. Her Honours thesis studied the operation of the Sex Offender Registration Act 2004 (Vic) and particularly its impact on low risk and youthful offenders. Prior to admission, Holly worked as a paralegal for five years in law firms in Melbourne and regional Victoria. Holly practises in both summary and indictable crime but primarily focuses on accused charged with sexual offences.


Avi Furstenberg, Principal Solicitor, Furstenberg Law
Avi Furstenberg is a criminal defence lawyer in Melbourne who obtained his qualifications at Monash University. He is an LIV Accredited Criminal Law Specialist. He was a partner at a Melbourne CBD firm where he spent 15 years learning and perfecting his craft from one of the most experienced solicitors in Melbourne. He served on the executive of the Criminal Law section of the Law Institute of Victoria for 11 years. Avi has acted and appeared for clients in some of the most serious and complex cases in Australia. He has also represented clients at various Royal Commissions in Melbourne, Sydney and Tasmania. Avi is an accomplished advocate and appears regularly in all jurisdictions


Zubin Menon, Barrister
Zubin Menon joined the Victorian Bar in 2013. He is an experienced criminal law barrister, appearing to prosecute and as defence counsel in cases in the Magistrates’ Court, County Court and Supreme Court. His trial experience includes homicides, sex offences, frauds, drug cases and assaults. He is a member of Victoria Legal Aid’s Preferred Barrister List and is designated as a lead counsel in the Trial Counsel Development Program. In 2021, Zubin accepted a 12-month appointment as a Public Defender at Victoria Legal Aid Chambers. As a Public Defender, he undertook committal, trial and plea work in a range of complex sex offence cases. Zubin also holds a Master of Criminology and has a particular interest in analysis of how race and culture influence our justice system.


Tim Marsh, Barrister
Tim Marsh is Chief Counsel at Victoria Legal Aid, where he leads a specialist team of 22 inhouse counseling civil, family and criminal law. Tim regularly appears in criminal appeals, trials and judicial review proceedings in the Victoria's Court of Appeal, Supreme Court and County Court. Tim is also briefed to appear and advise on matters in the High Court of Australia. Tim has practiced in criminal law since 2001: first as a solicitor at the Office of Public Prosecutions and then as a barrister from 2003. He has a passion for advocacy on behalf of mentally ill and intellectually disabled clients and has extensive experience in the area of mental impairment and unfitness. Tim joined Victoria Legal Aid as a Senior Public Defender in 2011. He is a member of the Victorian Law Reform Steering Committee for the VLRC reference into mental impairment, and is a past legal member of the Mental Health Review Board. In August 2013 he was appointed as Chief Counsel for Victoria Legal Aid.


Robyn Harper, Crown Prosecutor, Office of Crown Prosecutors
Robyn Harper is a Crown Prosecutor, an independent statutory appointee who works exclusively for the Director of Public Prosecutions. Robyn worked as a solicitor at the Office of Public Prosecutions between 2005 and 2009 at which time she was called to the Victorian Bar. As a barrister, Robyn appeared in the Magistrates’, County and Supreme Courts conducting a wide range of prosecution and defence matters both in Melbourne and in circuit courts. In 2018 Robyn became a Crown Prosecutor. Her role includes providing advice to prosecution solicitors and appearing regularly in the Supreme Court and the Court of Criminal Appeal.


Mihal Greener, Barrister
Mihal appears in criminal and quasi-criminal matters across all jurisdictions and has extensive advocacy experience in indictable crime. She has appeared led and unled in the Court of Appeal (Ibrahim Abbas v The Queen [2020] VSCA 80, Johnson v The King [2022] VSCA 228), Supreme Court of Victoria and in County Court trials and regularly appears in committal hearings, indictable pleas and appeals. In 2022 Mihal was selected to participate in the VLA Trial Counsel Development Program. Mihal also advises and appears in applications for judicial review in the Supreme Court of Victoria (Grooters v Chief Commissioner of Police), compensation applications under the Sentencing Act 1991and Confiscation Act 1997 matters. Her strong regulatory practice includes advising and appearing in matters under the Protection of Cruelty to Animals Act 1986, Domestic Animals Act 1994, Planning and Environment Act 1987, Environment Protection Act 1970, Building Act 1993, Food Act 1984 and the Occupational Health and Safety Act 2004. Mihal also accepts briefs to appear at inquests and for organisations and individuals in disciplinary matters. Prior to coming to the Bar Mihal was a Senior Lawyer at Emma Turnbull Lawyers where she had carriage of a range of complex criminal defence matters. Mihal holds a Bachelor of Laws from the University of Melbourne and a Bachelor of Arts with Honours (Political Science) from Monash University. Mihal read with Jason Gullaci SC and is a member of Brian Bourke Chambers.


Melinda Walker, Accredited Specialist in Criminal Law
Melinda was admitted to practice in 2000, commenced sole practice in 2003 and has conducted her practice for the past 19 years. She attained Accredited Criminal Law Specialisation in 2014 and was Co-Chair of the Executive Committee for the Criminal Law Section of the Law Institute of Victoria (“LIV”) 2017-2021. In 2017 Melinda was appointed the Chair of the Bail Reform Committee on behalf of the Law Institute of Victoria to make submissions to the Honourable Justice Coghlan who presided over the Bail review. She was also LIV representative at the Bail Reform Project, Criminal Justice Strategy & Coordination – Bail Reform Implementation Working Group convened by the Department of Justice & Regulation 2017-2018 to identify priorities for the development of the “Coghlan Recommendations” and consider proposals for action and appeared before the Coroners Court inquest into the death of Veronica Nelson as a member of expert panel on bail law. Melinda has extensive experience and knowledge of all jurisdictions and have appeared as counsel and instructor in all courts. I have represented many Indigenous clients and appeared in Koori Court both in the Magistrates’ Court and County Court jurisdictions. She has now been involved in the services of Law for close to 30 years in various capacities. This includes paid and volunteer work. Melinda is an active participant in law reform in the areas of bail, family violence, sentencing, youth, policy and procedure.


Brind Zichy-Woinarski, Barrister
A significant part of Brind Woinarski's practice is in criminal law, especially in "white collar" crime and associated areas, in all jurisdictions. He has appeared as both defence counsel and prosecutor in all areas of criminal law including committals, trials and appellate jurisdictions. In recent years this has involved consideration of liability under the Corporations Act 2001, including the insider trading provisions, as well as consideration of Australian and overseas bribery legislation and the application of United Nation sanctions. He has been involved in major equal opportunity and anti-discrimination cases and significant occupational health & safety prosecutions and environment protection matters, both prosecuting and defending. Since 2000 he has been briefed in a number of significant tax audits, both for the ATO and taxpayers, and has advised taxpayers with respect to potential criminal liability. He has also appeared and advised in many professional disciplinary matters and with respect to other regulatory bodies. He is an experienced appellate advocate at all levels, including the High Court. He is a former Chairman of the Criminal Bar Association of Victoria and was the Chairman of the Ethics Committee of the Victorian Bar from 1993-1999. He is a regular presenter on ethical issues. He is joint author of Paul's Police Offences (5th Ed), and is a Consultant Editor to "Criminal Law, Investigation and Procedure Victoria". He is a Senior Fellow (Melbourne Masters) at the University of Melbourne, teaching Tax and Crime in 2015.


Amit Malik, Barrister, Gorman Chambers
Amit has significant experience as a trial advocate, encompassing all aspects of criminal law. He has also appeared as an appellate advocate in the Court of Appeal in New Zealand and Amit began his career as a solicitor with the Western Aboriginal Legal Service based in Dubbo, NSW (2001-2002) and has previously worked as a Barrister (2007-2012) and Public Defender (2012-2014) in New Zealand before joining Victoria Legal Aid as an inhouse advocate in 2014.


Fiona Jenkins, Partner, Tony Hargreaves & Partners Lawyers
Fiona Jenkins is a Senior Associate at Tony Hargreaves. Fiona was the Associate to Her Honour Judge Gaynor of the County Court of Victoria, sitting in the criminal division of the Court, for approximately 18 months before joining Tony Hargreaves & Partners. Fiona acts for clients in serious and complex criminal trials and quasi-criminal proceedings before the Magistrates’, County and Supreme Courts and in the Federal Courts. She also acts for clients in the civil jurisdiction in matters involving a broad range of criminal offending and related conduct in addition to acting in the field of historical sexual abuse for religious orders and clergy facing both criminal charges and civil liability claims. Before practicing in criminal law, Fiona spent 4 years working in a mid-tier commercial firm in commercial litigation where she acted for individuals and companies in all jurisdictions including contract disputes, professional negligence claims, residential and retail tenancy disputes, insolvency and bankruptcy matters, intellectual property litigation and regulatory investigations.

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Criminal Law Conference

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All Sessions
Wednesday, 29 March 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Wednesday, 29 March 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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Afternoon Session
Wednesday, 29 March 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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