find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Exclusive: Incorporation debate prompts legal action

Exclusive: Incorporation debate prompts legal action

The barrister leading the pro-incorporation campaign has threatened legal action against the NSW Bar Association.

Sydney barrister and advocate of incorporation, John Hyde Page (pictured), issued NSW Bar Association president Phillip Boulten SC with a notice of intended legal action over his right, as a director of the Bar Council, to inspect proxy votes.

The proxies relate to the motion calling for individual barristers to be permitted to offer legal services through a single-member, sole-director company, which will be voted on at a general meeting of the Bar Association next Tuesday (17 September).

In a letter dated 9 September Hyde Page referred to an earlier request on 3 September to inspect all proxies, and purported proxies, that have been lodged in respect of the general meeting. This request, according to Hyde Page, had been ignored by the NSW Bar Association.

“As yet I have received no response to that letter ... that means there is a rapidly closing window of opportunity for my director’s right of inspection to be exercised to some useful end; that is, for me to seek remedial action in respect of the processing of proxies if there have been irregularities,” he wrote.

A hearing of the Federal Court was scheduled for 2.30pm today (11 September). However, it will not go ahead following an undisclosed resolution between Hyde Page and Boulten.

Lawyers Weekly exclusively reported late last month (28 August) that opponents of incorporation made an unsuccessful attempt to exclude more than 200 proxy votes from next Tuesday’s ballot.

Tomorrow (12 September) Hyde Page and Arthur Moses SC, one of the opponents of incorporation who challenged the validity of these proxies, will put their respective arguments to the junior bar at a CPD event organised by the NSW Bar Association.

Both sides of the incorporation debate have also thrashed it out in the media on the topic of tax implications of incorporation.

Supporters of the motion told Lawyers Weekly last week that its opponents had overstated the danger of incorporated barristers having their tax benefits cancelled by Part 4A of the Income Tax Assessment Act 1936; while opponents continued to warn of possible legal ramifications.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Exclusive: Incorporation debate prompts legal action
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA applauds proposed Modern Slavery Act
The Law Council of Australia has welcomed new recommendations for the development of a Modern Slaver...
Top-tier offers targeted mentoring for Indigenous law students
Students at Macquarie University will be the first to benefit from a new Indigenous mentoring progra...
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...