Privacy laws won't help Bingle

Lawyers Weekly — Fri, 19 Mar 2010 03:35:00 GMT

Lara Bingle's chances of successfully suing Brendan Fevola, for making that nude photograph public, are limited by Australian privacy laws, according to a HopgoodGanim's technology lawyer Michael Morris.

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The surf, music and kids: Some lawyers can do it all

Lawyers Weekly — Fri, 19 Mar 2010 02:33:00 GMT

Wotton Kearney partner Catherine Osborne says that after years of practice, she has found the balance between a successful legal career and managing a strong commitment to her family, writes Briana Everett.

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Legal jobs up in face of continued slump

Lawyers Weekly — Fri, 19 Mar 2010 01:23:00 GMT

Recruitment in the legal sector is showing signs of recovery while other industries continue to suffer in the wake of the GFC, according to research released by the Australian Chamber of Commerce & Industry (ACCI) and Westpac.

Data released Thursday revealed the past three months have seen recruitment rise by 3.5 per cent in professional services firms including lawyers, accountants and engineers.

The figures also showed that growth over the past 12 months is now at 11.6 per cent in these industries.

But while the findings provide positive news for those in the legal industry, elsewhere the outlook is not so bright.

The retail and transport job markets have remained stagnant, with retail employment down 2.9 per cent in the past year - following a 0.7 per cent fall in the past three months.

Generally though, Greg Evans, director of Economics and Industry Policy at ACCI, said the net employment outcome was stronger than predicted: "The overall outlook presented by the March quarter 2010 survey is generally solid but some key indicators have remained mixed," he said.

"Economic activity has been strengthening, but some fragile areas still remain."

Filmmaker urges legal action on bush law

Lawyers Weekly — Fri, 19 Mar 2010 00:53:00 GMT

A national discussion on traditional Aboriginal or "bush" law is in desperate need of attention according to a lawyer turned documentary film maker, especially as the mainstream Australian legal system continues to fail Indigenous people.

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Freehills tops Best Lawyer list

Lawyers Weekly — Thu, 18 Mar 2010 00:34:00 GMT

Freehills has come out on top in 2010's list of Australia's best lawyers, compiled by benchmarking group Best Lawyers International.

The list, which is formulated via an independent survey in which thousands of lawyers confidentially evaluate their peers, includes 120 Freehills lawyers - some of whom were listed in more than one practice area - which is the highest number of lawyers in any one Australian firm.

Freehills' chief executive officer Gavin Bell said the firm was very proud of the results, which reflect the firm's strong client relationships and commitment to attracting and developing some of Australia's best legal talent.

"The range of practice areas in which we have the largest number of lawyers ranked shows the diversity of talented commercial advisers that are the heart of the Freehills team," he said.

"This result also reflects the strength of our relationship with our clients which allows us the opportunity to work on innovative matters and leading transactions."

Blake Dawson was hot on Freehills' tail with 103 lawyers making the cut, followed by Clayton Utz and Mallesons with 74, Minter Ellison with 61 and Allens Arthur Robinson with 59.

Victorian PPP project takes global honours

Lawyers Weekly — Wed, 17 Mar 2010 22:07:00 GMT

A major project on which Clayton Utz, Mallesons Stephen Jaques, Allens Arthur Robinson and Corrs Chambers Westgarth worked has again been recognised, this time as the Global Deal of the Year at the Infrastructure Journal's Annual Awards held in London last week.

The accolades went to Victoria's $3.5 billion Desalination Plant PPP project, which has previously been recognised for excellence in other forums such as the Project Finance International and Finance Magazine awards, and the 2010 Infrastructure Partnerships Australia National Infrastructure Awards.

Clayton Utz, which has had a long-running involvement in the project, said the firm is proud to receive global recognition for their work.

"Our team worked hard to ensure that financial close was achieved quickly despite the challenging financial environment. It is great to see that teamwork has been recognised all over the world," said banking and financial services partner Dan Fitts.

Editor for the Infrastructure Journal, Angus Leslie Melville, said the decision to name the project as deal of the year was not difficult.

"Victorian Desal was a stand-out for our sector. The judges were impressed by the obstacles it had to overcome and the speed with which it was then brought to financial close," he said.

Minters a work-life balance winner

Lawyers Weekly — Wed, 17 Mar 2010 01:30:00 GMT

Minter Ellison Perth has this week been named the winner of one of six national work-life balance awards, offered by the Department of Education, Employment and Workplace Relations.

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Magistrate blasts duelling lawyers

Lawyers Weekly — Wed, 17 Mar 2010 01:27:00 GMT

An unimpressed magistrate has blasted lawyers from Atanaskovic Hartnell (AH) and Chang, Pistilli & Simmons (CPS) - who were opponents in civil proceedings - for wasting time, money and effort.

In a judgment handed down in February this year, magistrate Daphne Kok said the civil proceedings, which commenced in the Supreme Court and concluded in the local court, involved "too many lawyers" who roused "too much heat and emotion."

The local court matter involved a claim brought by CPS lawyers for around $30,000 in fees owed after leaving AH to form their own firm.

In her eventual dismissal of CPS' claim, Kok was scathing in her assessment of both parties, saying: "There has been too much distrust. There has been too little courtesy and comity ... Far too much time and money has been spent."

John Atanaskovic, founding partner of AH, responded to Kok's comments by defending AH's conduct prior to and during the course of the hearing.

"At the hearing of the costs issue [which has yet to be dealt with] it will become clear that, contrary to what Magistrate Kok said ... AH tried constantly to have the case simplified and abbreviated, and for the matter to be settled without a hearing," he said.

Atanaskovic provided Lawyers Weekly with a letter, dated 26 February 2009, addressed to CPS's lawyers, Clayton Utz, in which a Calderbank offer to settle the matter out of court is made.

Settlement did not eventuate and the matter was heard, resulting in the accumulation of legal costs far greater than the actual amount claimed by CPS.

Atanaskovic added he believes it likely, once Kok becomes aware of AH's efforts to settle the matter out of court, that she will award AH an indemnity costs order requiring CPS to pay 100 per cent of AH's legal costs.

Mark Pistilli of CPS told Lawyers Weekly it was not appropriate for CPS to comment on the matter as it is still before the court.

The issue of costs remains to be resolved, as does the possibility of an appeal against Kok's decision.

Victoria's sense of justice not so severe

Lawyers Weekly — Tue, 16 Mar 2010 06:17:00 GMT

The public's sense of justice in Victoria is not as severe as public opinion has suggested, according to a recent study examining Victoria's sense of justice.

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Victoria takes up QC's compo law recommendations

Lawyers Weekly — Tue, 16 Mar 2010 04:25:00 GMT

The Victorian Parliament Monday passed the Accident Compensation Amendment Act 2009, which contains significant reforms to workers' compensation legislation affecting Victorian employees.

Peter Hanks QC's review of Victoria's workers' compensation system was submitted to The Victorian Government in 2008 and detailed over 150 suggestions for improvement.

The "Hanks Report" recommended stricter legislation to improve employers handling of staff returning to work from injury or illness, better income protection for injured employees, and increased benefits for dependants of workers killed at work.

The proposed reforms also highlight the need for greater clarification of the phrase "reasonable management action" in relation to stress claims, and provisions and penalties relating to discrimination by an employer have been expanded.

Where an employer has engaged in such discrimination both civil and criminal remedies will be available, and reinstatement can be ordered.

NZ young guns take out awards

Lawyers Weekly — Tue, 16 Mar 2010 03:49:00 GMT

NZ-based firm Duncan Cotterill has today recognised some of their region's brightest legal talent via its annual awards program.

Claire Brighton of the University of Canterbury scooped the coveted Duncan Cotterill Prize in Equity for 2009, and was also joint winner of the Duncan Cotterill Award for the best all round performance in Stage II subjects.

Brighton shared the latter prize with fellow Christchurch student, Aimee Bryant.

Brighton and Bryant have a track record of high achievement and have previously won awards in Land Law and Contract Law respectively.

Ewan Chapman, a partner at Duncan Cotterill, said the firm is committed to rewarding students excelling in their legal studies.

"It's very exciting to watch the calibre of graduates coming through the university. We're delighted to have the opportunity to recognise that talent through our annual awards program," he said.

My not-so-brilliant legal career

Lawyers Weekly — Tue, 16 Mar 2010 00:08:00 GMT

Dropping out of the legal professional is seen by many as a symptom of Gen Y, but is there something else behind it? Claire Chaffey investigates the reality biting young lawyers in law firms.

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Justice threatened by SA criminal trial laws

Lawyers Weekly — Mon, 15 Mar 2010 11:36:00 GMT

Fundamental principles of Australia's justice system may be under threat if proposed legislative changes relating to criminal trials for serious offences are adopted, facets of the South Australian legal community have said today.

President of the South Australian Bar Association (SABA), Malcolm Blue QC, called for clarification of the legislative changes proposed under the Rann Government's recently released Serious Crime Policy 2010.

"It is very important that the intent of this proposal be clarified and understood ... so that the electorate is fully informed about the effect of the proposed legislation," he said in a statement released Monday.

Under the policy, prosecutors would be able to present to a jury evidence of an accused's past offences when "relevant" and "in the interests of justice".

However, a lack of preliminary detail within the policy means it is unclear whether this would result in any substantive deviation from the current law, and until further details are outlined, it is difficult to ascertain potential consequences.

Blue is concerned, however, that Australia's justice system could be undermined, especially if juries were presented with information regarding an accused's past offences for the purposes of determining guilt relating to a new offence.

"Such a proposal ... would have far-reaching consequences in changing the fundamental basis of our system of justice, namely the presumption of innocence and the principles that evidence upon which a conviction rests must actually and sufficiently prove the guilt of the accused," he said.

"The existing common law proceeds on the basis that it is prejudicial ... to conclude that someone is guilty of an alleged offence merely because they committed such an offence before."

The Law Society of South Australia (LSSA) has also voiced concern and has called for the establishment of a law reform body to facilitate public debate and access to information regarding the implications of such changes.

Law Society president Richard Mellows told Lawyers Weekly the LSSA has particular concerns about the integrity of the trial process.

"At the moment, the threshold for [presenting information about prior offences] is very high, for obvious reasons. A jury should be deciding a criminal case on the evidence before it, not on someone's [past behaviour]," he said.

According to Mellows, if the threshold was lowered, the integrity of the trial process would be jeopardised, thus leading to mistrials, re-trials and wrongful convictions. And, as such, a public body in which public debate and information is available is needed.

"We are talking about having a law reform body which is in the public domain, to which the public has access, and to which they can make submissions [so] that everyone understands the impacts, not just the Government ... not just a select few," Mellows said.

G+T partner kicks for Oz World Cup

Lawyers Weekly — Mon, 15 Mar 2010 11:27:00 GMT

An Australian lawyer and former vice-captain of the national women's soccer team, the Matildas, is leading the charge in Australia's bid to host the 2018 or 2022 soccer world cup.

Moya Dodd, a partner at Gilbert + Tobin in Sydney, is driving the push for the coveted event to come to our shores in her capacity as a member of the Football Federation of Australia (FFA) board and bid team - on which she has been sitting since 2007.

Speaking to Lawyers Weekly this week, Dodd said she feels extremely lucky to be a part of such an important process, which will conclude with an announcement of the successful candidates in December this year.

Until then, Dodd is charged with promoting Australia's bid in as many ways possible.

"The [World Cup] bid is a massively important thing for us and it is taking a huge amount of effort and energy," she said.

"At the same time, grassroots and community football just seems to keep growing and growing, so there is a lot to do and being on the board is a real privilege."

Dodd said her election to the board was the result of a combination of being in the right place at the right time, and also possessing desired skills, traits and experience.

"The chairman was keen to bring in someone with a football background, yet with something to offer from a business perspective," she said.

"Being a lawyer makes you think about things in certain ways that can be useful to boards and committees of this sort ... giving good legal advice involves being able to put together aspects of different disciplines to come up with an answer that is ... robust in the real world."

Despite the huge demand on her time that such a responsibility holds, Dodd said her time is not difficult to manage, partly because Gilbert + Tobin allows her to work at 80 per cent capacity, and partly because she loves what she does.

"I am lucky to work with some wonderful people who are quite genuine about making this work for me," she said.

"If you are enthusiastic about something, it's easy to get it done. There is a lot to be enthusiastic about in football and on the work front. I don't find it difficult to get out of bed in the mornings."

To get behind Dodd and the world cup bid, visit http://www.australia2018-2022.com.au/

ALRC tables recommendations for secrecy law shakeup

Lawyers Weekly — Fri, 12 Mar 2010 06:16:00 GMT

Australia's secrecy laws are set for a shakeup after the Australian Law Reform Commission (ALRC) tabled its final report on the issue in Federal Parliament today.

The report, Secrecy Laws and Open Government in Australia, is the result of a 15-month inquiry and sets out 61 recommendations for a move towards a more open and accountable government, while at the same time protecting legitimately confidential information.

In a statement released today, president of the ALRC Professor Rosalind Croucher spoke about the complex nature of secrecy laws.

"The management of information can be conceived of as a spectrum, with openness of information and protection of information at opposite ends," she said.

"Secrecy provisions are situated at different points in the spectrum - at times emphasising protection; at times facilitating handling, sharing and disclosure."

Overall, the ALRC report identifies 506 secrecy provisions within 176 pieces of Commonwealth legislation.

Within these findings, numerous major issues were identified, including the catch-all nature of some provisions, an over-reliance on criminal sanctions, inconsistency in the elements and framing of provisions, and inconsistent language and penalties.

Croucher said the ALRC's aim was to "wind back" the use of criminal sanctions for unauthorised disclosure of government information - a penalty which has been unpopular over the years - and promote use of disciplinary and administrative sanctions instead.

"Criminal sanctions should only be imposed where the unauthorised release of information has caused, or is likely or intended to cause, harm to identified public interests," she said.

Finally, the ALRC recommends that all Australian Government agencies adopt information-handling policies and guidelines in order to clarify requirements under secrecy laws.

Top Stories

Privacy laws won't help Bingle

The surf, music and kids: Some lawyers can do it all

Legal jobs up in face of continued slump

Filmmaker urges legal action on bush law

Freehills tops Best Lawyer list

Victorian PPP project takes global honours

Minters a work-life balance winner

Magistrate blasts duelling lawyers

Victoria's sense of justice not so severe

Victoria takes up QC's compo law recommendations

NZ young guns take out awards

My not-so-brilliant legal career

Justice threatened by SA criminal trial laws

G+T partner kicks for Oz World Cup

ALRC tables recommendations for secrecy law shakeup