Lawyers Weekly May 20, 2011

LEGAL LEADERS

FEDERAL BUDGET

On living outside the partnership

Legal Aid falls short again

ADELAIDE’S JOHN KAIN

FUNDING GAP

JAMES HARDIE

HIGH COURT SHOWDOWN

ASIC vs the directors

PRACTICE PROFILE

GETTING PERSONAL

The shrinking pool of PI lawyers

www.lawyersweekly.com.au

534

Friday 20 May 2011

GREENER PASTURES?

Print Post Approved 255003/05160

The long road for lawyers in the bush

Rich Pickings.

In-house

Brisbane | Construction

Perth | Corporate/Resources

Sydney | Property

This major construction company are seeking a senior construction litigator starting early July 2011 for a high profile maternity leave opportunity. The successful candidate must have 4 years PQE experience in ‘back end’ construction work from a recognised firm and be capable of running files with minimal supervision. Excellent remuneration package and the chance to work on a high profile project.

Ref: BRI/4236/OH

Large, listed resources company has a new role for a dynamic Corporate Lawyer to join their expanding team. Strong Corporate Law experience from a top-tier firm required, preferably acting for major Resources clients on high level transactional and advisory matters. Additional in-house or secondment experience will also be strongly considered. Great opportunity to further your career in this highperforming sector! Ref: PER/4247/DS

This leading international infrastructure company is seeking a dynamic property lawyer for its expanding team. You will be working closely with a key business unit on a broad range of property (transactions and leasing) and commercial matters. Extensive property experience gained in a major firm or in-house role as well as strong commercial appreciation is required.

Strong work-life balance. Ref: SYD/4227/DS

4 years +

International

5 years +

3 years +

Hong Kong | Corporate M&A

Hong Kong | Banking & Finance

Singapore | Projects

This highly regarded growth oriented international law firm is searching for a Commonwealth qualified M&A specialist for a high profile role involving mergers & acquisitions, joint ventures and advisory work. Experience gained from a top tier or respected mid tier law firm together with solid academics are desired. Chinese speaking ability is helpful but is not necessary for this role. Ref: HK/4233/RL

Our client is actively looking for a high caliber, energetic banking and finance lawyer with experience gained from a top tier or highly regarded mid tier practice to join its leading Asian finance team.

To qualify for this position you will need strong academics, solid technical ability as well as interpersonal skills suited to develop lasting client relationships. Chinese language ability NOT required.

Ref: HK/4235/RL

A new position with a global law firm has become available for a project lawyer from a top or mid tier law firm to advise major international clients on the acquisition, development and construction of major off shore infrastructure projects and related joint ventures, sales and acquisitions involving water, power and oil-and gas projects in SE Asia.

Knowledge of EPC contracts is essential.

Ref: SIN/4249/RL

4 – 8 years

4 – 8 years

4 years +

Private Practice Sydney | Junior Construction

Sydney | Commercial Litigation

Sydney | Banking & Finance

An ambitious junior lawyer is needed to work with one of Australia’s most recognised firms. You’ll work on top quality matters representing domestic and international clients in a supportive team environment. To qualify for this position you will need strong technical and commercial skills and possess excellent communication ability. Ideally, you will have gained your experience in a top tier or quality mid tier firm. Ref: SYD/4252/RL

This specialist and well respected commercial law firm has an opening for a bright commercial litigator.

Previous experience working on a range of complex commercial matters is essential. If you have had exposure working on aviation matters this will be looked on favourably. Great culture and very close knit team environment with challenging and complex work on offer. Solid academics results essential. Ref: SYD/4238/GG

This leading Australian law firm is seeking a lawyer with previous experience working on a range of finance matters including acquisition finance, corporate and project finance. You will be rewarded with interesting and high value complex work and work as part of a growing collegiate team. The ability to mentor junior lawyers and to assist with the business development is paramount to this role.

Ref: SYD/4108/GG

Sydney | Banking & Finance

Sydney | Corporate/Commercial

Melbourne | Banking & Finance

This role is ideal for someone interested in developing experience in a range of finance areas including general lending, asset finance, leveraged finance and a wide range of funding work. The work on offer gives the successful candidate an opportunity to gain in-depth knowledge of complex financing transactions and thereby unique future career progression opportunities at home or abroad. Ref: SYD/4251/RL

If you are looking for an interesting and challenging role, this specialist law firm has a new opportunity for a lawyer with a solid background working on a range of corporate and commercial issues. You will have previous experience in a mid-tier or renowned commercial practice and exposure to acquisitions and divestments, corporate governance, regulatory and compliance issues, commercial contracts and procurements. Ref: SYD/4239/GG

Premier top tier firm is searching for a banking and finance lawyer with high calibre experience in project and structured finance. You will work with first rate partners and be provided a strong work flow of cross boarder deals for blue chip clients. You will also have the opportunity to mentor more junior lawyers. This is a genuine long term opportunity with real prospects for progression.

Ref: MEL/4127/RL

Sydney | Employment

Melbourne | Property

This national mid tier firm is enjoying sustained growth through lateral senior hires and as a part of their growth strategy they are seeking an experienced senior associate to assist in developing the firms’ employment practice. You will work on the full spectrum of IR, employment, discrimination and OH&S matters for government clients and employers from a broad range of industry sectors. Ref: SYD/4245/RL

Excellent opportunity for an experienced property lawyer to join this international firm. Work with two first rate partners across a range of commercial property matters including various land transactions, large scale developments complex leasing work and property trusts. You will work with some of the firm’s most key property clients and hands on mentorship from Partners and senior lawyers together with real opportunities for career advancement. Ref: MEL/4159/RL

2 – 4 years

2 – 4 years

Sydney | Structured Finance 3 – 6 years

Few firms in Australia have the ability to provide seamless financial solutions across a wide range of industries and jurisdictions. This role offers an opportunity to advise leading corporates and investment banks on complex public and private financings involving the development of structured products for retail and wholesale offerings.

Experience from a top tier or equivalent firm or investment bank and solid academics are essential.

Ref: SDY/4250/RL

4 – 6 years

2 – 4 years

Senior Associate

For a full list of active roles that Dolman is working on throughout Australia and worldwide visit www.dolman.com.au For further information, please contact one of our consultants: Gail Greener, Olivia Harvey, Ralph Laughton and Daniel Stirling.

Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

3 – 5 year

Senior Associate/Special Counsel

2 – 4 years

Contents

“It may well be that with the reshuffling of firms over the next five or so years, that the best spot to be might be is in a oneoffice practice that’s mobile enough to advise geographically.”

John Kain on why his firm Kain C+C Lawyers is happy in Adelaide.

Regulars

6 THIS WEEK: A round-up of the latest legal news

10 IN-DEPTH: The conviction of Wall Street billionaire Raj Rajaratnam on insider trading charges has sparked calls for better education regarding compliance, writes Ben Nice

12

LEGAL LEADERS: John Kain started Kain C+C Lawyers to achieve what he couldn’t in a partnership. He tells Angela Priestley why running his firm along corporate lines has been the key to its success, and why he still calls Adelaide home

14 PRACTICE PROFILE: The pool of firms practising in the area of personal injury is rapidly shrinking. What does the future hold for the handful of players left to protect the rights of the injured?

Claire Chaffey reports

Features

16

COVER STORY: Benefits include quality client relationships, diverse work opportunities and lifestyle – but working as a country lawyer is not without its challenges.

Justin Whealing reports

20 LEGAL OPINION: Australia’s two-track assessment system for asylum seekers has an inbuilt bias. Lawyer and former refugee status assessor Jack Hoysted explains why

20

24 CAREER COUNSEL: He’s never sat on the bench, but the new Chief Justice of NSW is regarded as one of Australia’s best barristers

26 FOLKLAW: The lighter side of the law

Subscribe to the Lawyers Weekly FREE e-newsletter today!

Kick-start your morning with news,views and information on your profession from Australia’s best legal news website.

www.lawyersweekly.com.au L AW Y E R S W E E K LY 2 0 M AY 2 0 11

3

Editor’sNote

Deputy Editor, Justin Whealing

WITH GLOBAL law firms arriving on Australia’s shores, it is easy to forget about the large number of small firms and almost 6000 lawyers practising in country areas.

While these firms might have smaller head-counts and revenues compared with their capital city rivals, opportunities still exist to act on meaningful work – while enjoying the lifestyle that a rural setting provides.

Tim Robertson left what is now Mallesons Stephen Jaques more than 25 years ago to practise in Bendigo, in Victoria’s central-west. He told Lawyers Weekly (see cover story on page 16) that he didn’t put his career ambitions on hold by moving out of Melbourne. Today, he is a partner with a local firm, acting for his key client on Victorian and interstate commercial work in the property industry.

Ambitious lawyers working in banking and finance and M&A will always gravitate towards the large national and global firms.

However, in large sections of the legal profession – such as family and criminal law, energy and resources, and personal injury and workers’ compensation matters – lawyers still have the chance to act on significant amounts of work.

Despite work being available in the country – in a 2009 survey, 43 per cent of principals said their practice did not have enough lawyers to serve their client base – regional and rural areas are finding it hard to attract young lawyers.

Senior solicitors on the ground in country areas recognise this problem, and believe this trend can be reversed with some promotion from state and regional law societies.

“If lawyers come to the bush, they need to feel they will get the peer support and mentoring available in big city firms,” said solicitor Terry O’Riain from Slater & Gordon in Albury. “Something like a senior solicitor program needs to be developed, where young lawyers can talk to other professionals about career progression and raise mental health issues.”

NSW Young Lawyers is one such body trying to assist regional lawyers. It has developed the Bushweb service, where members of the 29 regional law society bodies in the state can reach out to other members for support and advice.

The benefits of working in a country setting are something the different state law councils need to actively promote and include more regularly in their various forms of communication.

Being a country lawyer can be professionally rewarding, as well as providing a more relaxed and affordable lifestyle in a scenic setting.

ON THE WEB

TOP 10 STORIES ONLINE THIS WEEK

NEXT WEEK

The Lawyers Weekly team has been out and about covering the legal profession’s week of weeks – Law Week. Check out all the editorial, pictures and videos online at www. lawyersweekly.com.au.

1 DLA Piper fights for survival in ACT 2 A little time goes a long way to improving your practice 3 Facebook used to lure grads 4 Gadens and Westpac link up for diversity 5 Federal budget 2011 update 6 Bathurst new Chief Justice for NSW 7 Opportunity knocks for roles in LPO 8 Sparkes builds construction team 9 Salaries for in-house lawyers on the rise 10 ALSA calls for action on “unsustainable” law enrolments

The legal profession has had its fair share of change recently, so what are some of Australia’s leading managing partners and legal insiders looking out for in the months ahead? Lawyers Weekly teams up with parent company LexisNexis to report from a law firm management roundtable addressing the pace of change in the Australian legal industry.

4

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

EDITORIAL BOARD Lawyers Weekly is delighted to have the following industry leaders on its editorial board Andrew Grech Managing director, Slater & Gordon

Nick Abrahams Partner and Sydney chairman, Norton Rose

Will Irving Group general counsel, Telstra Corporation

Helen McKenzie Deputy managing partner, Blake Dawson

Sharon Cook Managing partner, Henry Davis York

Joe Catanzariti Partner, Clayton Utz

David Cowling Partner, Clayton Utz

Robert Milliner Chief executive partner, Mallesons Stephen Jaques

Ewen Crouch Chairman of partners, Allens Arthur Robinson

Megan Pitt Director, Australian Government Solicitor

Sue Gilchrist Partner and practice leader (intellectual property group), Freehills

Lucinda Smith Partner, Thomson Lawyers

ABOUT US Editor: Angela Priestley Deputy Editor: Justin Whealing Contributors: Claire Chaffey, Briana Everett, Sarah O’Carroll, Ben Nice Design Manager: Anthony Vandenberg Production Editor: Vanessa Fazzino Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes SUBSCRIBE TODAY Lawyers Weekly is published weekly and is available by subscription. Please email subscriptions@lawyersweekly.com.au All subscription payments should be sent to: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067 ADVERTISING ENQUIRIES: Adrian Fellowes adrian.fellowes@lexisnexis.com.au (02) 9422 2134 (mob) 0407 489 060 Vic, SA, WA: Stephen Richards (02) 9422 2891 EDITORIAL ENQUIRIES: Angela Priestley angela.priestley@lexisnexis.com.au (02) 9422 2875 All mail for the editorial department should be sent to: Lawyers Weekly, Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067

CAB MEMBER SINCE SEPTEMBER 2000 Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher.

Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Officer, LexisNexis Australia or email privacy@lexisnexis.com.au. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

w w w.law yersweekly.com.au

this weeks feature advert...

Commercial Property Brisbane, 3+ Years PAE Do you want to work with high-end clients with a good variety of work, alongside an excellent partner with strong mentoring skills and have a legitimate long term career option? This role can offer you that. You will have strong general commercial property skills as well as excellent business development skills.

Ref: KM46156 E: kate.murphy@randstad.com.au T: 07 3100 77109 Randstad Legal — Our aim is to deliver the highest quality service under one strong brand name. Visit www.randstad.com.au/legal

private practice Insurance Litigation

Brisbane, 4+ Years PAE

Native Title & Cultural Heritage

Brisbane, 4-5 Years PAE

This is a rare opportunity to join one of the highest profile firms in a senior role.

You will be working with high-end clients on complex insurance issues including professional indemnity and public liability issues. Your extensive experience in litigation is essential.

E: kate.murphy@randstad.com.au T: 07 3100 7709 Ref: KM46265

Work with a leading agency to provide native title services to traditional land owners. Be exposed to a range of native title issues including claims management, negotiating, ILUA and drafting Cultural Heritage Management Plans and more. If you have an interest in native title and Aboriginal heritage please enquire further.

E: kieran.wrafter@randstad.com.au T: 07 3100 7718 Ref: KW45791

Construction

Commercial

Sydney, 2-3 Years PAE

Sydney, 4-6 Years PAE

Mid-tier firm requires a junior construction litigator to work on interesting and complex disputes. This is an exciting opportunity for an ambitious lawyer to work closely with leading partners and clients. In return you will receive an excellent salary and a genuine opportunity to develop your career as part of a growing team.

E: sian.harwood@randstad.com.au T: 02 8298 3846 Ref: 46260

National mid-tier firm are looking for a commercial lawyer who has had exposure to IP/IT. You will be advising leading IT/Telco clients in relation to transactions with complex commercial, IP and broadcasting law issues. You will need solid commercial experience. Excellent salary and exposure to high quality work.

E: sian.harwood@randstad.com.au T: 02 8298 3846 Ref: 46279

Employment

Banking & Finance

Sydney 5+ Years PAE to Senior Associate

Sydney, Senior Associate

Leading firm with strong employee focused culture offers an outstanding opportunity to join its thriving employment practice. Working with an accredited specialist you will be involved in the full spectrum of this sphere of law: executive service agreements, anti-discrimination and catering to blue-chip clients.

E: eva.arelic@randstad.com.au T: 02 8298 3852 Ref: EA44963

National mid-tier firm requires a Senior Associate to work in its leading banking and finance group dealing with general finance work including bank lending, acquisition and leveraged financing, structured and project financing and corporate financing. Genuine path to partnership and direct access to key clients.

E: eva.arelic@randstad.com.au T: 02 8298 3852 Ref: EA46125

Corporate/M&A

Insurance/Professional Indemnity

Melbourne, 2-3 Years PAE

Opportunity for a budding corporate lawyer to join this elite national firm with a progressive culture and top-shelf, blue-chip clients. Expect mentorship from some of Australia’s best corporate lawyers. You should have high-end transactional corporate experience, strong training and outstanding academics.

E: kenneth.willis@randstad.com.au T: 03 9590 2267 Ref: KW 46275

Melbourne, 4+ Years to Senior Associate

If you are serious about professional indemnity insurance law, this top-rated specialist national firm is where you should be practising. Expect to be working on some of the most complex matters in the field, arising out of actions against lawyers, architects and other high-level professionals.

E: kenneth.willis@randstad.com.au T: 03 9590 2267 Ref: KW45893

in-house In-House Counsel – 12 month contract

Sydney, 2-4 Years PAE

Our client is a global professional services organisation with a significant presence in the Australian market. They are going through a rapid period of growth and expansion and are now seeking an additional lawyer to work closely with their GC in their Sydney office. You will have a broad commercial background.

E: paul.cowling@randstad.com.au T: 02 8298 3851 Ref: PC46298

Legal Counsel – Energy Corporate

Sydney, 4-8 Years PAE

Our client is a leading energy related corporate with a strong technology slant to their operations. They are rapidly expanding throughout Australia and Asia Pacific and are now seeking an additional legal counsel to work alongside their General Counsel. The nature of the work will be extremely varied.

E: paul.cowling@randstad.com.au T: 02 8298 3851 Ref: PC46299

thisweek

Mallesons helps change electoral laws A successful High Court challenge to electoral laws involving Mallesons Stephen Jaques last year has been recognised into law by Federal Parliament. On 12 May the Senate passed the Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Bill 2010, which restores the seven-day voting period in which people can enrol to vote after a federal election writ has been issued. The move follows the High Court challenge by two university students represented by Mallesons on a pro bono basis.

Law Council slams ‘refugee swap’ deal The Law Council of Australia has expressed concern about the recent agreement between the Australian and Malaysian governments to swap asylum seekers for refugees, with LCA president Alexander Ward declaring the exchange of asylum seekers “inappropriate”. The LCA is concerned that Malaysia is not a party to the United Nations Convention Relating to the Status of Refugees.

Gadens grads offered pro bono rotation Graduates in Gadens Lawyers’ Sydney office are being given the opportunity to do a pro bono secondment with one of the firm’s clients. In a program specifically designed for graduates, they will spend four months (one rotation) of their first year with a pro bono client of the firm. Melinda Wong will be the first graduate to participate in the program, working with Salvos Legal in June.

6

l aw y e r s w e e k ly 2 0 M ay 2 0 11

The Web

Melbourne firms join forces Melbournebased John Matthies & Co has integrated its practice with Aitken Partners after finalising a merger last week.

Aitken Partners managing partner Andrew Blogg said he was careful to ensure the two firms were a “natural fit” before deciding to integrate. They share a number of commonalities including expertise across property, commercial, insolvency and banking.

fleave grantedf

Ex-Hardie lawyer heads to High Court THE HIGH Court has granted leave to the former general counsel of James Hardie to appeal against alleged breaches of the Corporations Act. Peter Shafron, the former general counsel and company secretary of James Hardie, was granted leave to appeal on 13 May against previous adverse findings against him by the NSW Court of Appeal.

In a note to clients, Middletons said the granting of leave to Shafron means the High Court will clarify whether a person acting as a general counsel should be considered an “officer” under the terms of the Corporations Act. Bret Walker SC acted for Shafron.

Last Friday, the High Court also granted leave to appeal to the Australian Securities and Investments Commission (ASIC) against a decision by the NSW Court of Appeal in December last year that overturned fines of $30,000 and five-year corporate board suspensions against seven former nonexecutive directors of James Hardie.

ASIC claims that despite James Hardie making announcements to the Australian Securites Exchange that an asbestos compensation fund would be fully funded, it later emerged the fund was under-funded by more than $1 billion.

In overturning a 2009 decision against the seven former directors, including the company’s former chairman Meredith Hellicar, the NSW Court of Appeal found that ASIC had not met its own standards to provide a duty of fairness.

Chief Justice Spigelman commented that the failure of the regulator to call David Robb, a former partner at Allens Arthur Robinson who provided legal advice to James Hardie, “undermined the cogency of ASIC’s case”.

All the firms involved in the NSW Court of Appeal judgment have been retained.

Atanaskovic Hartnell acted for four of the former directors, including Hellicar, with Tom Bathurst QC senior counsel. Kemp Strang, Arnold Bloch Leibler and Blake Dawson acted separately for the other three directors.

John Atanaskovic told Lawyers Weekly that the granting of leave to appeal was expected. “We will run it as a factual case,” he said.

“The decision on the grounds of procedural fairness is a bit of an irrelevance really, and we are confident that if it is a factual case, the decision will go the same way.”

R E W IND Opposition leader Tony Abbott vowed to cut the cost of living by retracting what he called Labor’s “wasteful” spending, though he failed to outline exactly how he would do it.

Bob Brown and the Greens stated their intention to make changes to laws that would see the salaries of CEOs capped at $2 million – a figure that is 30 times the average Australian’s wage.

Western Australia’s largest power supplier, Indian-owned Lanco Infratech, warned that it may have to cut power supplies to the state for a period of six months due to financial difficulties.

A committee appointed by German Chancellor Angela Merkel to examine the use of nuclear power following the Japanese disaster recommended that Germany shut down all nuclear power plants by 2021.

Qantas CEO Alan Joyce risked further alienating the union with the announcement that the airline is looking to open a new Singapore base in an attempt to cut costs and accelerate growth in Asia.

w w w.law yersweekly.com.au

thisweek

Sparkes concludes Timorese pro bono project

Deal name: Building contract on behalf of Mary MacKillop East Timor Mission Key players: Sparke Helmore

SPARKE HELMORE’S construction, projects and infrastructure team has concluded a $US550,000 ($513,000) building contract on behalf of the Mary MacKillop East Timor Mission for the construction of office, residential and training facilities in Dili, East Timor.

The mission is run by the Sisters of Saint Joseph of the Sacred Heart, who have provided education, health care, training and employment for the East Timorese people since 1997.

Sparke Helmore’s legal assistance was provided pro bono as part of the firm’s corporate social responsibility scheme, SHARE. The work involved negotiations for land acquisition, the preparation of tender documents and consultancy agreements, and the negotiation of a designand-construct contract with a Timorese building company.

The matter was complicated by an unfamiliar land ownership system, difficulties procuring works insurance because of security concerns, the absence of a developed system of building standards and a contracting environment lacking with the usual detail required by Australian standard contracts.

The pro bono work was carried out by partner Paul Gavazzi and senior associate Catherine Grayling.

Sparke Helmore recently added to its construction team with the hire of Holding Redlich partner Grant Parker and senior associate Darren Rankine.

DE AL MAKERS

Bruce McFarlane

Matthew FitzGerald

Geoffrey Hilton

Firm

Hall & Willcox (Franklyn Scholar); Gadens Lawyers (Kaplan)

Freehills (Aston Resources); Baker & McKenzie (ITOCHU); Blake Dawson (financiers)

Henry Davis York (Global Television)

Deal name

Sale of Franklyn Scholar shares to Kaplan Australia

Aston Resources on sale of 15 per cent of Maules Creek Project

Global on agreement with Nine Network to facilitate productions at GT’s Docklands Studios, Melbourne

Area

Corporate

Energy and resources

Corporate

Value

Undisclosed

$345 million

Undisclosed

Key players

Hall & Wilcox partners Deborah Chew and Bruce McFarlane

Freehills partner Matthew FitzGerald

Henry Davis York partner Geoffrey Hilton

Movers & Shakers

D E A L O F T HE W E E K

Clutz appoints boutique team Clayton Utz has acquired a team of lawyers for their Melbournebased workplace relations team via former Trindade Farr & Pill principals Stuart Pill and Dan Trindade. The two new appointees, who bring five lawyers and their support staff to Clayton Utz, each did stints at the firm at various points in their career.

Holdings loses one to Sparkes Sparke Helmore has snapped up construction law partner Grant Parker from Holding Redlich.

Parker brings his senior associate Darren Rankine across from the firm, and adds to Sparkes’ expanding capability in construction and major projects, sustainable develop ment and PPPs. He has experience advising private and public sectors.

Mallesons partner makes directorial debut Mallesons Stephen Jaques partner Nicola Wakefield Evans has been appointed the first female director of Toll Holdings, a logistics and transport company. The move follows a strong push by the business community to appoint more women to boards. Evans specialises in M&A, capital markets, projects, infrastructure and corporate governance.

Armstrong ups lawyer count by five Russell Boyd, a former broadcast journalist and tipstaff to a Supreme Court judge, has joined Armstrong Legal’s criminal team.

The appointment comes after a number of new additions in recent months, including Sheridan McMahon, Zoe Paterson and Tijana Petkovick in the family law team, and Joanna Mansfield (pictured), previously with DLA Phillips Fox, in the criminal law team.

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

7

thisweek xbudget backlashx

xpartner exodusx

ALSA: law school enrolments ‘unsustainable’

Rumble stays as DLA Piper fights for ACT survival THE AUSTRALIAN Law Students’ Association (ALSA) has taken aim at the federal budget for doing nothing to arrest spiralling law school enrolments.

“The Government’s announcement of $1.2 billion over the next four years to fund growth in student enrolments ignores existing concerns about legal education funding and puts quantity ahead of quality,” said ALSA president Matthew Floro.

“In a deregulated market for student places, an increase in law school enrolments will worsen education standards, staff-student ratios and international competitiveness, unless fundamental reforms are made to the outdated base funding model,” he said.

ALSA has also criticised the Government for reducing the student up-front payment discount from 20 per cent to 10 per cent and the voluntary repayment bonus from 10 per cent to five per cent. Floro said the Government, not students, should increase its share of higher education funding.

On a more positive note, ALSA has applauded the Government for its $1.5 billion national mental health reform package and also its $177.6 million commitment to assist universities to support students from low socioeconomic backgrounds.

“It has been widely publicised that law students are particularly vulnerable to depression and mental health issues,” said Floro.

“In 2009, research published by the University of Sydney’s Brain and Mind Research Institute reported that approximately 35 per cent of law students report high or very high levels of stress, which is above the rate for the general population.”

“ALSA is particularly pleased with the extra funding for headspace centres, the establishment of a National Mental Health Commission and the development of a single national e-mental health portal,” he said.

8

l aw y e r s w e e k ly 2 0 M ay 2 0 11

ONE WEEK after formal integration, DLA Piper has lost six of its eight Canberra partners to HWL Ebsworth’s new Canberra office.

In a major blow for DLA Piper, the future of its Canberra office is now in serious doubt after partners with a client portfolio that includes the Australian Federal Police, the Department of Finance and Deregulation, the Housing Industry Association, Medicare Australia, the Department of Education, Employment and Workplace Relations, and the Australian Taxation Office announced they will be leaving the firm.

Key Department of Defence contact Gary Rumble remains with DLA Piper, but that client is also in danger of moving elsewhere, with co-counsel Melanie McKean leaving for HWL. Defence Minister Stephen Smith announced last month that Rumble and McKean would act for the department as it investigates claims of abuse in the wake of the Skype sex scandal.

In a press release issued on 9 May, DLA Piper announced that the partners agreed that integration was the best course of action for DLA Phillips Fox, but they did not want to be part of a global business law firm.

“We’re also collaborating with the departing partners to ensure that clients will continue to receive the high-quality legal support they have come to depend on,” said DLA Piper Australia

managing partner Tony Holland. “We will also do everything we can to support our Canberrabased staff.” The firm added that more than 50 per cent of its work for the Federal Government is done in offices outside of Canberra.

Prior to the formal integration of DLA Phillips Fox into the DLA Piper network, nine Brisbane-based DLA Phillips Fox lawyers left the firm in March to establish a Brisbane office for Thomsons Lawyers.

While the departure dates of the defecting six partners have yet to be released, it has been confirmed that they are all joining HWL Ebsworth. HWL Ebsworth managing partner Juan Martinez said the six partners will establish an office for the firm in Canberra, commencing on 1 August.

“It was a strategic imperative for the firm to leverage these attributes [achieving outcomes for clients] in the Canberra market, where quality, gravitas and value are key touchstones for government clients,” said Martinez.

In addition to McKean, Richard Garnett, Lex Holcombe, George Marques, Michael Will and Stuart Imrie will join HWL Ebsworth.

The firm’s Canberra office will add to existing operations in Sydney, Norwest, Melbourne and Brisbane.

DLA Piper now has 106 partners in Australia.

xmentorship programx

Gadens and Westpac join forces for diversity GADENS AND Westpac have developed a joint program to help women reach senior positions.

A mentor from each organisation will be available to provide advice and knowledge to a mentee from the other, over a 12-month period, in a bid to increase the number of women in senior positions in both organisations.

“In the Australian workforce, women remain under-represented in senior leadership positions,” said Gadens banking partner Harry Cormack. “Women chair only two per cent of ASX 200 companies and hold less than 10 per cent of board directorships. We see this as a business opportunity to support and develop talent.”

Around 20 per cent of Gadens’ 129 partners are female, which is comparable to the female partner levels at many large law firms.

According to statistics released by the Law Society of NSW, the number of female lawyers in NSW increased by 452 per cent between 1988 and 2010 to 46 per cent. However, women comprise only 23 per cent of principals in NSW law firms with more than 20 partners.

Westpac Group executive counsel and secretariat John Arthur said his organisation is looking to increase the number of women who occupy senior leadership roles from 36.5 per cent to 40 per cent by 2014.

w w w.law yersweekly.com.au

thisweek FFUNDING CRISISF

Calls for a $66 million investment in the legal assistance sector go unanswered in the federal budget LAW GROUPS have expressed disappointment in the Government’s federal budget, released last week, noting a significant gap in access to justice initiatives despite saving more than $10 million on various assistance schemes.

Treasurer Wayne Swan’s fourth federal budget did not include additional funding for Legal Aid, apart from a $4 million investment over four years to improve access to legal assistance services through the National Broadband Network (NBN).

The Law Council of Australia (LCA), Law Institute of Victoria (LIV) and Victorian Bar have all declared that the Federal Government must do more to ease the financial pressures on the legal assistance sector.

All three groups had previously called for the 2011-12 budget to allocate $66 million to Legal Aid – the minimum needed to return the Federal Government’s contribution to the 50 per cent level of total funding the sector received in the years leading up to 1997.

Victorian Bar chairman Mark Moshinsky SC said the news was particularly disappointing given the budget papers identified savings of $10.4 million over four years from a number of existing assistance schemes.

“We recognise that the Government faced difficult decisions in this year’s budget, but the bottom line is that real people are missing out on legal representation and assistance and this will cost us more as a community,” said Moshinsky.

The NBN initiative outlined in the budget was not something the LCA suggested in its Legal Aid submission to the Federal Government, with an LCA spokesperson confirming to Lawyers Weekly that the council is still waiting on further details of the plan.

While LIV president Caroline Counsel welcomed the additional $4 million for Legal Aid via the NBN funding, she said it would be insufficient to meet needs.

“This allocation to Legal Aid commissions and community legal

centres is no substitute for providing a lawyer who will help people resolve their disputes,” said Counsel.

According to LCA president Alexander Ward, the legal assistance sector is facing a “financial crisis” as a result of 14 years of underfunding by the Federal Government.

“The Government’s failure to adequately address legal assistance sector funding is unacceptable and the outcomes will have a significant impact on many Australians – including some of our most vulnerable citizens – particularly in times of natural disaster,” said Ward.

Counsel said the lack of funding would hurt families who experience a break-up.

“We expect to see an increase in unrepresented litigants as a result of this budget,” she said.

“That will result in an increase in delays and protracted disputes in the Family Court, which is not in the best interests of children or their parents.”

Ward added that all Australians should have the right to access legal advice and services, regardless of their means, and that groups like the LCA have been lobbying the Commonwealth Government to make this a reality for more than a decade.

Other key announcements in AttorneyGeneral Robert McClelland’s portfolio include an additional $6.1 million over four years for the High Court, with McClelland declaring the funding will assist the court in managing future “unavoidable increases in costs”.

The Australian Human Rights Commission also received $2.9 million over four years for the restoration of stand-alone positions for race and disability discrimination commissioners.

Meanwhile, the International Criminal Court will lose a portion of its Australian funding, with the Treasurer identifying $8.1 million of savings over the next four years. This will see a reduction in expenditure supplied to the states and territories for family law programs under the Family Law Act 1975.

Check out the Lawyers Weekly 2011-12 federal budget coverage at www.lexisnexis.com.au/federal-budget, and download your free PDF containing key announcements and industry reactions.

US/UK Update

Legal Aid loses out

Law Society raises hell for website The UK Law Society has consulted a leading media silk, Hugh Tomlinson QC, on launching legal action against website Solicitors from Hell, reports The Lawyer. The move comes after Justice Henrique of the High Court said the Law Society and Bar Council should investigate defamation complaints made about the website, which claims to offer consumers a forum to name and shame solicitors.

S&S creates new partner tier UK firm Simmons & Simmons will introduce a new tier of fixed-share partners in order to give some of the firm’s nonequity partners voting rights, reports Legal Week.

The three-tier partnership was approved by partners in April and is one of the first important decisions by new managing partner Jeremy Hoyland, who officially took the reins from Mark Dawkins on 1 May. A&O puts salaries on ice Allen & Overy UK has again frozen associate salaries following a slow financial year, reports The Lawyer.

This means associates will still receive a pay rise by progressing to the next level of the firm’s associate lockstep, but the value of each step will remain unchanged from what it was this time last year. In 2009-10, the Magic Circle firm froze its salary bands at 2008-09 levels.

Strategic revamp drives out lawyers US firm Hunton & Williams will likely see lawyer head-count in its London office drop by almost half by the end of May following a strategic refocus, reports Legal Week. The firm’s London City base, which had 36 lawyers in April, will be left with around 20 after a number of departures including five partners leaving for rival US firms. The majority of exiting partners are in the corporate practice.

Firm reaches £100 million milestone UK firm Stephenson Harwood has broken through the £100 million ($154 million) turnover barrier for the very first time after recording a 16 per cent increase in revenue for the 2010-11 financial year, reports The Lawyer. Total fee income for the year came to £107 million, up from last year’s £91.9 million and the £85.1 million recorded in 2008-09.

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

9

indepth

Rattling Wall Street The conviction of Wall Street billionaire Raj Rajaratnam on insider trading charges has sparked calls for better education regarding compliance, writes Ben Nice

R

aj Rajaratnam was once listed in Forbes magazine as the 236th richest man in America. But his billon-dollar fortune came to the attention of traders worldwide when, in late 2009, he was arrested on insider trading allegations.

Last week, Rajaratnam was found guilty on 14 counts of conspiracy and securities fraud after scamming $US63.8 million ($60 million) in illicit earnings. He faces a minimum of 15.5 years in jail following a government crackdown on the illegal practice of insider trading.

Now, lawyers and industry experts across the globe hope Rajaratnam’s conviction, following the largest hedge fund insider trading case in history, will deter insider trading.

As only the first person to go on trial from the total of 26 people charged in the case, the verdict for Rajaratnam sent a strong warning to other would-be fraudsters on Wall Street, with US attorney Preet Bharara using the outcome as a deterrent for the practice.

“Let greed and corruption cause his undoing,” said Bharara in a statement. “We will continue to pursue and prosecute those who believe they are both above the law and too smart to get caught.”

Simon Franklin, partner at Australian corporate advisory firm Dequity Partners, said that while he didn’t believe the case would dramatically affect businesses locally, he expected the high-profile nature of the case to raise awareness of the issue.

“These stories, and the newsworthiness of them, will certainly raise awareness, especially in terms of the big penalties involved,” said Franklin.

“From a compliance or risk point of view, in order to prevent it from happening in the first place, there must be education.

I think that’s where the industry is heading.”

10

l aW y e R S W e e k ly 2 0 M ay 2 0 11

According to Franklin, the approach of most boards, directors or governance officers would be to educate the management team regarding what they can say in public, to prevent getting tangled up in such practices.

He also highlighted the difficulty associated with defining what constituted “insider trading”, saying it was hard to stop the practice, given the loose and sometimes contradictory nature of the crime, and expected to see more cases like it in the future.

“It’s quite severe and it might put you off, but there’ll always be someone who wants to profit from information,” he said.

Columbia Law School Professor John Coffee said the use of government wire-taps was crucial to the verdict, and also emphasised the significance of Rajaratnam’s co-conspirators in the case.

“Everyone co-operated against Rajaratnam,” he told Fox Business News. “Why should he be the only stand-up guy? Quite frankly, professionals learn what is legal and illegal not by the law that is on the books, but by who goes to prison and for what,” said Coffee.

“And I think a generation of traders, expert networks, securities analysts and others now recognise that participating in an insider trading network is dangerous because, if one of the participants gets caught, our plea-bargaining system makes it likely he’ll turn in his co-conspirators and all the financial dominoes will fall,” he explained.

After the verdict was announced, Rajaratnam was released on a $US100 million bail package, which includes an electronic tag and house arrest in his Manhattan apartment until sentencing begins on 29 July.

John Dowd, Rajaratnam’s lawyer, said his client would continue fighting, and would lodge an appeal. LW

w w w.law yersweekly.com.au

TAX FREE OPPORTUNITIES Cayman l Corporate 5 + years Our client is a prestigious global firm with its HQ in the Cayman Islands. You will advise on the broadest range of corporate transactional and advisory matters in a team with genuine career advancement opportunities.

Abu Dhabi I Projects 5 – 9 years This role with a magic circle firm will see you working on the commercial as well as the finance side of projects. Construction and infrastructure, energy and project finance lawyers welcome to apply.

Doha l Construction Lit 5 years + A leading international firm in the Region is seeking an experienced construction / arbitration lawyer for contentious workload. Prior experience in the region is not required nor is Arabic language.

Cayman l Investment Funds 5 + years This firm is widely recognised as a leader in the offshore legal industry and is seeking a senior investment funds lawyer for its preeminent funds practice. Excellent remuneration package on offer.

Dubai l Capital Markets 2 – 7 years This is a debt capital markets role with a magic circle firm. You will benefit from working directly with some of the best global cap mkts lawyers and will work closely with the London office.

Dubai l Corporate 2 – 4 years International UK firm seeking junior lawyer to work on corporate M&A / private equity and commercial joint ventures throughout the Region. This is one of the firms with longevity in the Middle East.

Dubai l Litigation 3 – 4 years Magic circle firm seeking junior litigator for mix of commercial litigation and arbitration work.

Candidates must have a top tier firm background and excellent academic record. Rare role for litigators.

Dubai l Finance 3 – 7 years Three roles with this magic circle firm. Two roles with suit banking & finance lawyers who have an interest in Islamic Finance whilst a role at 5 – 7 years will be broad transactional finance.

Dubai l Energy 6 – 10 years This firm is a global leader in energy (including power, oil & gas and renewables). This is a commercial and not a finance role. The role is regional but you will also work closely with London.

Abu Dhabi l Project Finance 4 – 8 years Magic circle firm seeking experienced project finance lawyer for exciting range of infrastructure and energy, power and renewable energy financing transactions. Top tier firm background necessary.

Doha l Finance 5 – 7 years Magic circle firm with globally No. 1 ranked finance practice seeking B&F generalist to work on broad finance transactions. Qatar has money to invest and so the work is high value and very interesting.

Dubai l Disputes 4 – 8 years Two roles with the undoubted global leader in dispute resolution. For these prestigious roles you will need an absolute top tier background in commercial or financial litigation.

For a confidential discussion about these opportunities or other opportunities at home or overseas contact: Greg Plummer email: greg.plummer@marsdengroup.com telephone: 02 8014 9052 Samantha Cowling email: samantha.cowling@marsdengroup.com telephone: 02 8014 9053 Jonathan Walmsley email: jonathan.walmsley@marsdengroup.com telephone: 02 8014 9050 To search Australian and global job opportunities go to www.marsdengroup.com or download our free iPhone App (search iTunes – Marsden Job Search) legal job searching just got easier.

legalleaders

The mark of kain Uncomfortable with the partnership model, John Kain sought to make his name in a one-city firm run along corporate lines, writes Angela Priestley

A

sked to explain how he ended up with the nickname “Jonty”, John Kain launches into a long explanation that goes back to a sporting incident

in 1992.

In Sydney to watch the Cricket World Cup semi-final between England and South Africa, Kain and his two mates decided to adopt the personas of South African cricket fans. Kain become Jonty Le Roux, a combination of expert fieldsman Jonty Rhodes and Garth Le Roux, a fast bowler who made his mark during the apartheid era. “Jonty” was adorned with riding boots, blue socks, beige shorts, South African cricket shirt, pith helmet, national flag and everything else a South African cricket fan might have worn in 1992.

And for whatever reason, Kain says, the name “Jonty” has stuck ever since.

As well as being a cricket fan, Kain is a golfing enthusiast and Essendon fan who, despite supporting a Victorian football team, longs to stay true to his South Australian roots.

The father of three is also one of South Australia’s leading corporate lawyers. But, unlike the “Jonty” moniker, there was one thing that would not stick with him through life – being part of the law firm partnership model.

“I learned things about private practice,” says Kain. “I began to form a view of what I wanted in a legal business and also that it was going to be too difficult to get to that point in an existing structure, within an existing partnership. So I thought, ‘Why not start from scratch?’”

And that’s exactly what he did, deciding not only to go it alone but also to eliminate the partnership model altogether –meaning his practice, Kain Corporate + Commercial (Kain C+C), could be run on corporate lines that he believed would ultimately see the business grow through outcome-oriented decisions.

12

l aw y e r s w e e k ly 2 0 M ay 2 0 11

Adelaide is the city Kain calls “home”.

After officially incorporating in 2009, three minority shareholders – with an agreement that mandates an independent board and chair – were introduced into the firm, as well as four “co-ordinators” who run each of the firm’s four core divisions of corporate, commercial, dispute solutions and operations, and provide formal feedback to the board each month.

“I saw a pattern in the partnerships I was involved in where I thought decisions were being made in the immediate interests of one or more of the partners rather than the long-term, broader interests of the business,” he says.

It’s this single-minded approach that Kain also uses to drive his philanthropic ambitions.

“My thinking has always been ‘How can I make a difference?’ Well, I can make a difference by influencing family and work colleagues and trying to create a business where you can build that in as part of the culture.”

It’s a commitment that sees all Kain C+C staff participating in a variety of charity projects for the firm, including a new program assisting disadvantaged youth in South Australia.

Kain’s commitment to high standards has seen him introduce rules and procedures that he believes improve client service, such as the “short-form advice”.

“That involves three things: What’s the question?, What’s the answer? and What’s our recommendation?” explains Kain. “The key distinguishing fact is that the advice should never, ever exceed two pages and it always

includes a recommendation, which in this profession is not all that common.”

One city, one focus Today, Kain C+C has around 30 staff members, 20 of whom are fee earners. The firm has carved a niche, undertaking M&A and corporate work with a focus on Adelaide.

It’s a good place to be. Compared with the east coast, Kain says, Adelaide was buffered from the global financial crisis, with some M&A and financial services activity proving reasonably resilient, albeit less bullish, than pre-GFC levels.

As a city that Kain says is curiously still not plugged into the “national grid” of the legal profession, Adelaide’s isolation is exacerbated by the few large national law firms in the region.

Its insular attitude was evidenced when South Australia rallied against the national profession reforms last year – an action Kain says was “disappointing”.

“I thought it was short-sighted. Just get with the times! There’s no point retaining what is really a 60-year model of regulation. The world has moved on,” he says.

Adelaide, adds Kain, has too much to offer to miss out on being part of the changes sweeping up the legal profession across the country.

Especially given the fact that, in Kain’s opinion, the state is shortly due for a resources boom after five years of significant government-led exploration work.

w w w.law yersweekly.com.au

legalleaders Big quote” “I saw a pattern in the partnerships I was involved in where I thought decisions were being made in the immediate interests of one or more of the partners rather than the long-term, broader interests of the business” john kaIn, prIncIpal, kaIn corporate + commercIal

But for Adelaide-based law firms, realising the promise of what’s underground has been a long wait, leaving some firms – such as Johnson Winter & Slattery and Thomsons Lawyers – to consider their options interstate.

Kain is not prepared to do that – not yet anyway. “I wouldn’t rule it out, but it’s not something we’re actively looking into at the moment. There are certain things we’d like to achieve at home first.”

For now Kain is comfortable in Adelaide, where, from a distance, he can watch the future of the Australian legal services sector take shape.

He believes that with the arrival of international players in the local legal market, a new tranche of purely national law firms will emerge.

Outside of that, he says smaller firms will need

to specialise and be very good at what they offer in order to be successful in the long term.

“The call for general practice is going to be a lot harder and a lot more difficult to do well,” he says. “So it may well be that with the reshuffling of firms over the next five or so years, the best spot is in a one-office practice that’s mobile enough to advise geographically, rather than building a national infrastructure that may not be all that relevant in the future.”

As the director of a growing one-city law firm, Kain knows that with the right people on board, success in law can exist well outside the national grid and away from the partnership model.

Even if your own staff refuse to give up on a nickname like “Jonty”. lW

l aw y e r s w e e k ly 2 0 m ay 2 0 11

13

practiceprofile

The chosen few The pool of firms practising in the area of personal injury is rapidly shrinking. What does the future hold for the handful of players left to protect the rights of the injured? Claire Chaffey reports

I

t’s no secret that over the past few years, personal injury firms Slater & Gordon and Maurice Blackburn have been on a mission to expand.

Slater & Gordon has unashamedly embarked on a vigorous crusade of acquisition, spreading its brand across cities and regions in what has become an empire of around 900 staff in more than 50 offices.

Slater & Gordon’s greatest rival, Maurice Blackburn, has also adopted a strategy of accelerated growth, though acquisition is not the firm’s weapon of choice. Instead, it has gone from having four offices in two states in 2005, to now having 23 offices in five states – the majority of which have popped up as a result of organic growth and a targeted program of attracting top legal talent and nurturing partners of the future.

Whatever the method, the reality is that many small and medium firms that have traditionally practised in the personal injury space are being forced to shape up or ship out. Alternatively, they find they simply can’t compete with the power of those brands becoming dominant in the personal injury market, thus resorting to acquisition or dropping out of the market altogether.

Bearing the burden The obvious outcome of a decrease in the number of firms willing to take on personal injury matters is that the workloads for those who do are increasing significantly.

“We are seeing, at the legal end, an increase in workload as the number of people who specialise in this area diminishes,” says Liberty Sanger, a Melbourne-based principal of Maurice Blackburn. “There are a smaller number of firms that specialise in this work, so obviously the workload is concentrated within them.”

According to Sanger, the bulk of work is coming in the form of motor vehicle accident claims and workplace injury claims – the latter of which, she adds, are dropping in number.

While she notes that this is a positive trend, she also warns that the truth of the situation may not be as rosy as it seems.

“The work injury rate is gradually reducing and that is an agenda being run by the Federal

14

l aw y e r s w e e k ly 2 0 M ay 2 0 11

Government. It reports on injury rates every year through Safe Work Australia and it has specific goals around that,” explains Sanger.

“The danger, of course, with any of those measurement tools is that they might have an adverse impact. There might be incentives for workers not to report injuries. So despite the state and federal governments’ renewed focus on injuries in workplaces, we still hear at the grassroots level that there is pressure being placed on workers to not report injuries.

“That’s sad, because it encourages workers and teams not to speak up about workplace safety, whereas smarter employers have a focus on safety and on workers speaking up so they can ensure they bring about a safe place of work,” she says.

According to Luke Short, a principal with Brisbane-based firm Trilby Misso (which was recently acquired by Slater & Gordon), workplace injuries in Queensland are on the rise.

“There has been a real spike in the number of work-related back injury claims,” says Short.

“We think it is due to a lack of attention to OH&S procedures. Especially in Queensland, the economy – in terms of construction, mining and building – hasn’t really slowed.

“For that reason, there are more workers in the workforce, which is a great thing, but there is such a push and such a hurry to complete these huge infrastructure jobs that workplace health and safety procedures are being neglected.”

Transport Accident Commission in Victoria have placed strict protocols that must be followed before court proceedings can be instituted – or whether you’re seeing better equipped and more sophisticated insurers and defendants better prepared to resolve claims early, many more claims are resolved before the court process.”

Short, on the other hand, says he has seen a rise in the number of claims that insurance companies are willing to litigate. “There is no doubt that the insurance companies are running

litigate or negotiate?

When it comes to trends surrounding out-of-court settlement versus litigated outcomes, opinions differ as to which is more prevalent.

Hayden Stephens, Slater & Gordon’s general manager of personal injury claims across NSW, the ACT and Queensland, says he has seen a definite shift towards resolving claims before they go to court.

“There is a clear trend of far more cases resolving prior to court, in what lawyers are calling the ‘pre-litigated environment’,” says Stephens. “Whether it be by regulatory design – where schemes such as WorkCover and the

w w w.law yersweekly.com.au

practiceprofile

It means everything to the client that you are on their side and that you are going to fight on their behalf”

“There is a clear trend of far more cases resolving prior to court” HAYDEN STEPHENS, GENERAL MANAGER PERSONAL INJURY CLAIMS (NSW, ACT, QLD), SLATER & GORDON

more trials these days, whereas a few years ago there was an air of compromise and an air of ‘Let’s settle these claims for fair and reasonable amounts and let’s put them to bed’,” he says.

“Now, there are a lot more trials being run, particularly by WorkCover. Even when they lose trials, they are then going on to appeal them, so they have had a change of policy and a change of direction.”

The reasons behind this shift, says Short, are linked to the effects of the global financial crisis.

“There were huge losses made by WorkCover...

As a result, WorkCover has decided to try to slow down the outgoing money. They are holding things up, they’re not settling, they’re taking things to trial in order to delay payment and also to make it too hard for claimants so they’ll think twice about making a claim when they have otherwise got a basic right to claim.”

Loving the work “There is such a hurry to complete jobs that workplace health and safety procedures are being neglected” LUKE SHORT, PRINCIPAL, TRILBY MISSO, BRISBANE

“We are seeing an increase in workload as the number of people who specialise in this area diminishes” LIBERTY SANGER, PRINCIPAL, MAURICE BLACKBURN, MELBOURNE

While personal injury trends may differ among law firms and states, one thing Sanger, Stephens and Short can agree on is the complexity of the work and the sheer enjoyment they get from being a part of it.

“It is a terrific area, because when a client resolves their claim for compensation, it gives you a sense of immediate satisfaction,” says Stephens. “Many lawyers in our industry are not exposed to that on a daily basis. Lawyers at large commercial firms, engaged in complex mergers and acquisitions projects, are not necessarily close to the experiences of everyday Australians, particularly those who have been injured.”

Sanger agrees, saying that although the workload is on the rise and expectations regarding depth of expertise are also growing, it is a job that is easy to love. “I will never tire of delivering a terrific result to an injured worker. The joy it brings to an injured person sustains me time and time again. It is just brilliant,” she says.

“The thing I have come to learn about my job is that it means everything to the client that you are on their side and that you are going to fight on their behalf. To simply deliver on that promise, in a way that allows them to live with dignity, is the best thing in the world.” LW

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

15

coverstory

There is a different style of practice between the big city firms and the rural and regional firms. It is more personal and there is much more contact between client and solicitor�

16

l aw y e r s w e e k ly 2 0 M ay 2 0 11

w w w.law yersweekly.com.au

coverstory Country lawyers enjoy quality client relationships, diverse work opportunities and lifestyle benefits – but working in regional and rural areas is not without its challenges.

Justin Whealing reports

lawof the land T

here is a perception that lawyers who relocate from the city to the country only do so because they want a better work/life balance.

While lifestyle is undoubtedly a big drawcard, many are also attracted to the varied range of legal work available in country areas.

“There is a much different style of practice between the big city firms and the rural and regional firms,” says Tim Robertson, a partner with Robertson Hyetts in Bendigo, Victoria. “It is more personal and there is much more contact between the client and the solicitor in country firms.”

Robertson started his legal career with Mallesons Stephen Jaques in Melbourne in the early 1980s and could have embarked on the well-trodden private practice career path provided by a large national firm.

However, the country boy from the East Gippsland region of Victoria longed to move back to a rural setting.

He says it is the personal nature of the interaction with clients that he really enjoys about his work, with that close and lasting client connection one of the major points of difference compared with his old life as a lawyer in a big city firm.

“Clients aren’t looking for long and technical letters of advice about the rights or technical merits of a transaction; they are looking for much more direct and practical advice – and will often ask you for your own

l aw y e r s w e e k ly 2 0 m ay 2 0 11

17

coverstory

“Clients are looking for much more direct and practical advice – and will often ask you for your own opinion”

Family man: Lindsay Hall with his wife, Tegan, and sons (clockwise from bottom left) Jayden, Declan and Connor.

TIM ROBERTSON, PARTNER, ROBERTSON HYETTS

opinion,” says Robertson. “The responsibility that country solicitors have is very different from what lawyers in the big city firms have.”

Robertson Hyetts is a full-service commercial law firm with connections in Bendigo stretching back to the 1880s. Given Bendigo is a large regional town with a population of just under 100,000 people, Robertson says lawyers within the firm have the opportunity to specialise in different practice areas and to work on large commercial transactions and grow their practice in lockstep with the business operations of their clients.

“I practise exclusively in property development,” says Robertson. “I act for a group of companies called Villawood Properties, which have grown to become major residential property developers in Melbourne and interstate.”

Although the value of these commercial transactions is not in the realm of the M&A and construction and property work that the large national firms routinely act on, Robertson has never felt like his career or practice has been second rate compared with his city colleagues.

“I have absolutely no regrets,” he says. “The appeal for me in working in the country is to become familiar with your clients, to see their business and their families grow and prosper, and to be involved in those transitions.”

Leaving the rat race behind While Robertson left the confines of Mallesons in Melbourne to return to a rural setting, for some bush lawyers, the experience of living and working in the country is a novel experience.

Lawyer Lindsay Hall spent the first 24 years of his life in Sydney. After graduating from the University of NSW, he spent a year working for Justice Kenneth Handley in the NSW Court of Appeal in Sydney. In his mid-20s, Hall decided he wanted to leave Sydney, and moved to Bathurst in NSW. He has since enjoyed a stint working on Queensland’s Sunshine Coast, before relocating to Bathurst again two years ago to take up a position with Kenny Spring.

Hall says he has enjoyed the country lifestyle, but hasn’t put his career ambitions on hold. “On the Sunshine Coast I worked in a sole practice.

I moved to Bathurst because I wanted to further my career in a bigger firm in a regional centre,” says Hall, who made the move with the help of Evocities – a government-sponsored campaign that encourages and facilitates the relocation of workers to seven regional cities in NSW.

18

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

“That unpleasant consequence [commuting] of city practice doesn’t appeal to me and wouldn’t be fair to my family” LINDSAY HALL, SOLICITOR, KENNY SPRING

So, how difficult is it to lure lawyers to regional firms given they will be earning less than their city counterparts?

“When you look at your mortgage savings and reduced transport costs to get to and from work, it would be strongly disputed that there is any loss in your income at all,” says James Treloar, Evocities spokesperson and former mayor of Tamworth.

The 37-year-old Hall says that living in Bathurst has the benefits of being able to access a range of educational, sporting and artistic facilities that are comparable to the state’s capital cities.

He adds that, unlike many lawyers in Sydney, he can get to work within 10 minutes and be home at 6.30pm on most nights to spend time with his wife and three young children.

“My father-in-law is a quality manager with a company in Sydney, and he spends 90 minutes travelling to work each morning and then another 90 minutes travelling home again,” says Hall. “That unpleasant consequence of city practice doesn’t appeal to me and wouldn’t be fair to my family.”

Like Robertson, Hall says it is the personal nature of the client interaction that appeals about working in the country – and that fraternal nature of practice extends to the

links country lawyers can gain to other local professional groups.

“When you work in a country practice in a town with a number of other professional colleagues and firms, it presents you with the opportunity to build contacts that working in a city firm would also present,” says Hall.

“However, in a country practice, the closeness of your working relationship with other professions, such as accountancy firms, means that you can assist your mutual clients in a way that is not possible in a city law firm.”

The changing nature of work Living and working in the country certainly has its benefits, including more affordable housing and less traffic congestion, but it can also be a lonely existence.

Slater & Gordon solicitor Terry O’Riain has practised in Albury – a city with a population of roughly 50,000 on the NSW-Victorian border – for about 16 years. His role at Slaters is supported by the Regional Solicitor Program run by Legal Aid NSW, which is struggling to attract young lawyers. “In Albury at the moment there is no one under 40 who can run a defended criminal matter,” says O’Riain.

He believes country areas are struggling to attract talent, despite the high quality of work

w w w.law yersweekly.com.au

coverstory

“When you look at your mortgage savings and reduced transport costs to get to and from work, it would be strongly disputed that there is any loss in your income at all”

A country practice

JAMES TRELOAR, EVOCITIES SPOKESPERSON

“Today, a lot of the fun is taken out of legal work” TERRY O’RIAIN, SOLICITOR, SLATER & GORDON

available, because the modern legal system has made it harder for young lawyers to make contacts and develop their legal skills.

“We used to have a big criminal law and civil law circuit out here, and we got the chance to interact with a lot of people” he says. “You met with your colleagues on the defendant side, the DPP and the various counsel, and you were able to build relationships with the senior lawyers who would then act as mentors to the younger lawyers,” says O’Riain, recalling his formative years as a country lawyer.

“Through those contacts, as a young lawyer, you would get to act on really big pieces of work, which provided a terrific learning experience,” he adds.

According to O’Riain, the rationalisation of legal services and the need to spend as much time in the office as possible has reduced the extent of personal interaction between rural lawyers. “Today, a lot of the fun is taken out of legal work,” he says matter-of-factly.

“Things like workers’ compensation are now paper driven, and you don’t get to go to court any more, as you deal with the other side on the phone. You don’t get to develop those relationships any more and that has taken away a lot of the enjoyment of working in country areas.”

O’Riain urges regional and state law societies to do more to ease the feelings of isolation that many young lawyers feel in country regions.

“If lawyers come to the bush, they need to feel they will get the peer support and mentoring available in big city firms,” he says.

“Something like a senior solicitor program needs to be developed, where young lawyers can talk to other professionals about career progression and raise mental health issues.”

The Law Society of NSW is one such legal body that has recognised this problem. In 2002, NSW Young Lawyers delegates representing their regional law societies established “Bushweb” as a way for delegates to converse via email when preparing for midyear and annual assemblies. It has since been extended to serve as a general forum and online support network for young lawyers located throughout regional NSW. Members of the 29 regional law societies in NSW have access to Bushweb.

“It is always difficult for young lawyers starting out in the profession wherever they are,” says Daniel Petrushnko, the president of NSW Young Lawyers. “Distance is a major factor in rural and regional areas and because of this, it can be difficult.

“With technology getting better and the structure that Bushweb has in place, it does allow our regional and rural members to use it as a forum to communicate and identify with each other. It also helps to ease the isolation,” he says.

That feeling of isolation can also extend to law firms when they are overlooked by large organisations investing in rural regions.

Robertson Hyetts partner Tim Robertson, for example, says his firm has had no success getting a foot in the door with the government agencies that operate in Bendigo. “A real challenge that a firm like ours faces is to get a fair share of the more remunerative legal work going down the Calder Highway to Melbourne – particularly work emanating from government departments,” he says.

The state’s Department of Sustainability and Environment and the Rural Finance Corporation of Victoria both have operations in Bendigo, with Robertson Hyetts seeking to get a seat at the table with the large city firms.

“Our experience is that the legal work that flows out of those sorts of organisations goes to bigger offices, with country firms being overlooked,” he says. “A priority for us is to break into that field.” LW

Total number of country lawyers: Principals who indicated that their practice does not have enough lawyers to serve their client base: Sole practitioners who responded to the survey: Of this group, the proportion who have been practising in country areas for more than 21 years: Sole practitioners who do not intend to be practising law in the next five years: Younger lawyers (20-29 years) who indicated that they only intended to practice in their area for less than two years:

5974 43% 46% 30% 36% 30%

Respondents who indicated that their firm undertakes pro bono work:

64%

Respondents who undertake other unpaid voluntary work within their area:

71%

Source: Law Council of Australia 2009 survey of rural and regional lawyers.

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

19

legalopinion

Two-tiered justice Australia’s two-track assessment system for asylum seekers has an inbuilt bias.

Lawyer and former refugee status assessor Jack Hoysted explains why

B

etween October 2008 and December 2010, the Department of Immigration approved 94 per cent of all refugee status claims by asylum seekers who arrived by boat, according to figures obtained

by The Australian newspaper under Freedom of Information laws. Those same figures show that in the first half of this financial year the department approved only 39 per cent of protection visa requests made by non-boat arrivals – the better safeguarded onshore track.

How can this be the case?

Remarkably, it is the [offshore] track, with much less legal protection of the rights of asylum seekers, that produces vastly better results for applicants”

a two-track system Australia presently has a two-track refugee assessment system. The first track we can call “onshore assessment”. Asylum seekers who have arrived in Australia with their travel documents and a valid visa can apply in Australia for a protection visa under Section 36 of Australia’s Migration Act. The criteria for being granted a protection visa is that the minister for immigration is satisfied that the applicant is a person to whom Australia owes protection, generally being someone who meets the definition of a refugee as set out in the 1951 International Convention Relating to the Status of Refugees, or is a family member of a person owed such protection. The convention defines a refugee as follows: A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Onshore applicants are those who have arrived in Australia on a valid visa such as a visitor or student or business visa; are generally living in the community (sometimes their visa allows them to work); and usually have easy access to lawyers and other support.

Their application for a protection or refugee visa are assessed in the Australian Department of Immigration and Citizenship by a departmental

20

l aw y e r s w e e k ly 2 0 M ay 2 0 11

w w w.law yersweekly.com.au

legalopinion officer who is a delegate of the minister. If the applicant is unsuccessful, they have rights of appeal to the Refugee Review Tribunal under sections 411 and 412 of the Act. If the asylum seekers are unsuccessful at the tribunal, they may seek judicial review under Part 8 of the Act to the courts, although those rights of appeal have been partly restricted by various legislative attempts to curtail judicial review.

Most applicants for refugee protection in Australia are assessed via the onshore stream.

The second track is “offshore assessment”.

These are asylum seekers without a valid visa who arrive in Australian territory that has been excised from the migration zone. They most commonly arrive at Ashmore Reef or Christmas Island, in the Indian Ocean north-west of mainland Australia, having travelled by boat from Indonesia.

These asylum seekers do not have an automatic right to apply for a protection visa under Section 36 of the Act, because section

The Department of Immigration approved 94 per cent of all refugee status claims by asylum seekers who arrived by boat

46A provides that an application for a visa is not a valid application if made by an offshore entry person who is in Australia and is an unlawful non-citizen; that is, an individual who doesn’t hold a valid visa.

The assessment process So how do asylum seekers get assessed for a refugee visa?

The Act confers on the minister the power to lift this bar to an application, and to grant a visa to the asylum seeker. Section 46A(2) states that if the minister thinks that it is in the public interest to do so, the minister may, by written notice given to an offshore entry person, determine that subsection (1) does not apply to an application by the person for a visa of a class specified in the determination. This is called “lifting the bar”.

In practice, what this has meant is that if offshore asylum seekers make claims that prima facie engage Australia’s protection obligations under the convention – that is, they claim to be refugees – then their claims are assessed by officers from the Department of Immigration and Citizenship under a Refugee Status Assessment protocol developed by the department.

If the departmental officer concludes that the asylum seeker is a genuine refugee, they make a recommendation to the minister, who in most cases exercises the right under Section 46A(2) to “lift the bar” and grant the asylum seeker a protection visa – subject to the usual health and security checks.

If the application is unsuccessful, the asylum seeker can ask for an independent merits review of that decision. That review is conducted by a contractor employed by the department. The contractors are often former members of the Refugee Review Tribunal or others experienced in refugee status determination. The review is carried out under a further protocol developed by the department.

Until recently, offshore entry applicants had no access to the courts, and even today, just how much this process is subject to review by the courts is open to speculation.

In a significant decision of the High Court in M61/2010E v Commonwealth of Australia (2010) HCA 41, the Court decided that, at the very least, the decision-makers, be they departmental officers or contractors, were required to afford procedural fairness to asylum seekers and to act according to law. This case was brought by two Sri Lankan asylum seekers who had been unsuccessful in the offshore track. The court found that contractors in each case had failed to afford procedural fairness because they had not dealt with certain claims raised by the asylum seekers, and had not put adverse information to the asylum seekers.

l aw y e r s w e e k ly 2 0 m ay 2 0 11

21

legalopinion Before the High Court extended some form of judicial review to the offshore track, one would have expected that it would be the onshore assessment track, with its easy access to lawyers and the Refugee Review Tribunal and some access to judicial review, that would produce the best outcomes for asylum seekers.

A surprising outcome Remarkably, it is the second track, with much less legal protection of the rights of asylum seekers, that produces vastly better results for applicants.

Refugee advocates claim that this simply shows that the asylum seekers who arrive by boat are genuine refugees, and that while some asylum seekers who arrive by plane are also genuine refugees, they are fewer in number.

It is true that countries such as Afghanistan and Sri Lanka, which are more likely to produce refugees, are more heavily represented in the offshore track, whereas many of the applicants in the onshore stream are from countries such as India and Indonesia, where there are less likely to be refugees.

However, there are sufficient numbers of Sri Lankan applicants in both streams to make a comparison. In the past year, the Refugee Review Tribunal set aside the department’s decision to refuse a protection visa to Sri Lankan applicants in only 31 per cent of cases, showing that many Sri Lankan applicants in the onshore track are unsuccessful, compared with almost none in the offshore track.

So, are there advantages in the offshore track? There is one other major known difference in the two tracks. Applicants in the onshore assessment inevitably have to produce their passport, and the decision-makers have access to their original visa application and all the supporting documents.

Applicants in the offshore assessment track almost never produce passports or other documents, although in almost all such cases they have used passports to enter Indonesia or Malaysia.

Does the absence of documentation make a difference? I believe it can and does, and this can be explained by looking at how refugee assessment works.

Asylum seekers make claims based on their fear that they would be persecuted if they were to return to their own country. In support of those claims, they are required to set out who they are, their history and background, and detail events that have happened to them and others with whom they share a history, or with whom they are associated.

In the onshore track, the asylum seeker’s identity, claims and history can and will be

cross-checked against the supporting documents they have provided. This is usually a passport but may also include travel, educational, employment and residential histories and documents. The applicant’s claims are checked against their known movements as disclosed by their passport, or by residential or educational records produced in support of a visitor or student visa, and the applicant will be invited to explain any discrepancies.

For instance, if an applicant claims to have been present at a momentous event in the history of their country, then the documentary evidence must support that presence. If an applicant claims to have been on the run from the authorities for some period of time, then they would need to explain any employment or educational records that may cast any doubt on this.

In the offshore track, an asylum seeker who does not produce any documents has a nearblank canvas on which to sketch their identity, claims and history.

In that situation, the decision-maker can only check the claims for internal consistency and compare them to general information known about the country in question. That is, the decision-maker is able to check that the applicant can give consistent answers to questions about their claim, and that the claims are consistent with information known generally about the country of origin.

What the decision-maker doesn’t have at their disposal is any other known reference points – no travel, educational, residential or family history – against which the applicant’s identity, claims and evidence can be verified.

This, of course, involves a much less rigorous examination of the applicant’s claims and history than is available in onshore assessment.

Provided the identity and claims are plausible; that is, they fit in with information known about the country of origin and pass a common sense test, they are likely to be accepted, whether or not they are true.

If the application discloses a prima facie case for protection and the applicant makes a reasonably good fist of giving the evidence, and the claims are not in conflict with reliable information about the country in question, then the decision-maker will give the applicant the benefit of the doubt, as is rightly encouraged by the law and good practice, and the application is very likely to succeed.

The result: a 98 per cent success rate for boat arrivals.

Australian governments have generally been keen to discourage asylum seekers from arriving by boat, but there is little they can achieve when arriving by boat without documents provides an easier route to obtaining a protection visa. LW

Bio Jack Hoysted is a lawyer with 25 years of experience and more than 10 years of experience in refugee assessment. He was a member of the Refugee Review Tribunal from 1994 until 2004.

The tribunal is a statutory body that has, since 1993, provided independent merits review of decisions by the minister for immigration to refuse to grant an applicant a protection visa.

The decisions of the tribunal involve a de novo hearing of the application for a protection visa and are conducted by a tribunal constituted by a single member.

Jack is currently on the advisory board of the Hong Kong Refugee Advice Centre, which provides legal representation to refugees seeking protection at the United Nations High Commissioner for Refugees in Hong Kong.

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

23

career

counsel

Tom Bathurst QC: from bar to bench He has never sat on the bench, but the new Chief Justice of NSW is regarded as one of Australia’s best barristers TOM BATHURST QC has represented the country’s most prominent businesspeople for decades, earning a reputation as one of Australia’s leading corporate barristers.

Now, he will carry this experience into his role as the 17th Chief Justice of the Supreme Court of NSW. Although he has never sat on the bench, Bathurst boasts a long and successful career at the bar and was appointed to the position from a strong candidate pool that included Justice Margaret Beazley and Justice James Allsop, the president of the Court of Appeal.

He takes the position with little recent experience in criminal law, having worked predominantly in commercial law – including representing the likes of James Packer and doing a stint as a member of the Commonwealth Takeovers Panel.

Bathurst studied law at the University of Sydney and was admitted to the bar in 1977. He took silk just 10 years later, in 1987. He has also served as president of the NSW Bar Association and director of the Law Council of Australia.

As president of the ABA from 2008 to 2010,

21 % 30 %

of West Australian lawyers claim they are bullied at their current place of employment

of those lawyers say they are bullied on a weekly basis

SOURCE: PSYCHOLOGICAL DISTRESS AND DEPRESSION IN THE LEGAL PROFESSION, EDITH COWEN UNIVERSITY, PERTH

24

l aw y e r s w e e k ly 2 0 M ay 2 0 11

Bathurst played a significant role in the development of the bar’s first body of national rules.

As a barrister, his areas of expertise have spanned banking, commercial, equity, insurance, local government, professional negligence, property, trade practices and competition.

He has also been a long-time advocate of the rights of citizens.

NSW’s new Attorney-General, Greg Smith, announced Bathurst’s appointment on 13 May, labelling him an “outstanding lawyer” and “one of Australia’s finest barristers”.

Upon hearing the news, Law Society of NSW president Stuart Westgarth commented that Bathurst was an excellent lawyer. “He will make an exceptional contribution to the courts in NSW and we look forward to working with him in the years to come,” said Westgarth.

Law Council of Australia president Alexander Ward noted Bathurst’s long contribution to the Australian legal profession. “[He] will bring to the position of NSW Chief Justice a wealth of experience, sound judgement, innovative

thinking and a complete understanding of both the state and national justice systems,” said Ward.

The appointment was also welcomed by federal Attorney-General Robert McClelland, who commended Bathurst’s diverse experience across a range of courts and jurisdictions.

“This experience will allow him to make an outstanding contribution to the delivery of justice in NSW,” said McClelland.

Bathurst told The Daily Telegraph he will “re-familiarise” himself with criminal law over the next month.

He told Australian Associated Press that his key challenges as Chief Justice will be managing the rising cost of justice as well as the changing nature of technology in the courts.

Bathurst officially takes up the post in June, after Chief Justice James Spigelman steps down from his 13-year tenure on 31 May.

See www.lawyersweekly.com.au for more on Tom Bathurst’s appointment.

wa tackles depression in the law BARRISTER Dr Christopher Kendall has recommended that the Law Society of Western Australia implement 29 changes to support the mental health and wellbeing of legal practitioners in WA, including a free counselling support service.

The recommendations follow a report commissioned to Kendall by the society to explore the rising trend of anxiety, depression and stress among legal practitioners in WA. Society president Hylton Quail said the society will seek to implement the strategies recommended by Kendall in his report, released earlier this week.

“The society places a great deal of importance on the wellbeing of our members and we have taken appropriate measures to effectively support those members who may be suffering from psychological distress and depression,” said Quail.

“While working in the law can be a very rewarding profession, it is also incredibly demanding and this can place undue pressure on practitioners who are working in a competitive, high-pressure and perfectionist environment.”

w w w.law yersweekly.com.au

ANNOUNCING

2011

Awards

Recognising excellence, innovation and leadership within the Australian legal profession

2011 categories include: Life Achievement Award Young Gun Award In-house Lawyer or Team Award Managing Partner of the Year Award KEY DATES: Nominations open

Friday 8 April 2011 Nominations close

Friday 17 June 2011 Winners announced

Thursday 4 August 2011

Deal Maker of the Year Award The College of Law - Law Student of the Year Award Practice Manager of the Year Award Box Breaker Award Talent Manager of the Year Award www.lawawards.com.au

20

L AW Y E R S W E E K LY 2 2 A P R I L 2 0 11

w w w.law yersweekly.com.au

folk

law

A-G rocks xxxxxxxxx Law Week LAW WEEK got off to a cracking start last week, with a surprisingly impressive musical appearance from our very own freshly appointed NSW Attorney-General Greg Smith.

Despite the chill in the early morning autumn air, Sydney’s Martin Place came alive with the dulcet tones of Smith, who – along with his band of mostly retired legal eagles – delighted a small but enthusiastic crowd with fabulous renditions of Johnny Cash and John Denver tunes, among others.

Now, Folklaw will admit that Smith was not immediately recognisable with microphone in hand, busting out Take Me Home, Country Roads and stirring up the crowd with his gregarious on-stage demeanour and unusual dance moves.

But when it finally dawned on us that the frontman sporting a rather homely, non-rockstarlike jacket (his fellow band members tried to get him to take it off, apparently) was indeed Smith, Folklaw was very, very impressed.

The Tokens, as the band is called, entertain at retirement homes and perform at charity gigs, but the opportunity to strut their stuff at Law Week’s

Law Expo was an opportunity not to be passed up, and they rocked!

As the crowd’s applause died down, Smith hung up the mic and mingled with the crowd – pats on the back coming left, right and centre – before rushing off to a Cabinet meeting.

Folklaw is waiting for the announcement that, à la Johnny Cash, Smith might belt out a tune from behind the big walls. Based on the band’s performance, “Greg Smith Live from Long Bay” would be a sure-fire way for the Liberal Party to raise some funds.

NSW Attorney-General Greg Smith and his band, The Tokens, braved the cold to perform for delighted onlookers at the Law Week expo.

Judge drops jockstrap jibe during sentencing A WELL-MEANING American judge has launched into a tirade of sarcastic vitriol while sentencing a 71-year-old man to seven years in prison for the sexual assault of young boys.

Above the Law reports that Judge Philip Kirk of Wisconsin convicted Delton Gorges, a former bus driver, of sexually assaulting the boys.

During sentencing, Judge Kirk had some interesting words for the defendant, most notably: “I think you were born gayer than a sweet-smelling jock strap.”

Judge Kirk also expressed scepticism toward Gorges’ claim that he is heterosexual: “I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year.”

According to Above the Law, Judge Kirk was actually attempting to express sympathy for Gorges, theorising that Gorges is a closeted gay man who, because he was unable to live openly as a gay man, turned to molesting boys.

26

L AW Y E R S W E E K LY 2 0 M AY 2 0 11

Following are comments made by Judge Kirk during sentencing: “I think you were born gayer than a sweet-smelling jockstrap.”

“I think that you lived your life as a lie all of your years. And I don’t doubt that you engaged in heterosexual behaviours – you got married and had a child. But it was all a lie.”

“I think you’re one of the victims here as well. I think you’re a victim of society.”

“No one knew there was a closet to come out of in those days.

You know you had to be very careful, because you could have found your penis floating in the Wolf as walleye bait. It was a terrible life to have to live.”

Despite Judge Kirk’s comments being well intentioned, they didn’t go over terribly well with some members of the LGBT (lesbian, gay, bisexual, transgender) community.

“The thing that concerns me is the linking homosexuality, linking being gay with, in this case, child molestation,” said Andrew DeBaker, co-chair of gay rights group New Pride.

Janine Geske, a former Wisconsin Supreme Court justice, described Judge Kirk’s remarks as “unfortunate.” Folklaw agrees.

w w w.law yersweekly.com.au

Suzie Lawton In-House Sydney

taylorroot.com.au

Australia Commercial Litigator

Melbourne

Employment

Perth

IT/Telcos

Sydney

Our top-tier client seeks a mid-level commercial litigator to work with a senior and extremely personable partner. The role focuses on product liability and occupational health and safety matters.

High profile work and generous remuneration on offer.

Ref: 644152.

4-6 years

Exceptional opportunity for you to take a step up and relocate to one of Australia’s finest employment practices. Work across the full gamut of IR/ER work in a collegiate environment under the tutelage of the best in the business. Full relocation paid and an above market salary. Ref: 643907.

3-10 years

Working in a team of ex top-tier lawyers, this is an exciting time to join one of the country’s leading midtier firms who have a growing practice. Superb quality of clients on offer including guaranteed exposure to a range of high profile and blue-chip clients.

Ref: 643891.

2-5 years

Commercial Property

Construction

Boutique Corporate

Melbourne

Sydney

Sydney

Our client is a national mid-tier firm which is now seeking to recruit at senior associate level for its commercial property team. Candidates ought to have the ability to work autonomously and enjoy building client relationships. Strong interpersonal skills a must.

Ref: 644121.

4-7 years

It will not get better that this. Exceptional opportunity for you to join this market leading practice and work under one of Australia’s most applauded partners.

Great opportunity to take a step up and watch your career take off. Top of the market salary. Interviewing now. Ref: 642874.

2+ years

A unique opportunity has arisen to join the Sydney office of this great national firm. Smaller in Sydney but earmarked for sustained growth, you will find yourself uniquely placed to take advantage of the investment going on around you. Excellent salaries.

Ref: 564485.

4+ years

Senior Construction

Family - Senior

Funds

Melbourne

Industry leader seeks a senior lawyer to join its team.

Working closely with the business, this role will have significant autonomy on a number of major projects.

Front-end construction or projects experience is essential. Lawyers seeking first in-house role will be considered. Ref: 644140.

8-12 years

Darwin

Sydney

Enjoy stunning weather all year round on the doorstep of Asia (2 hours to Bali) in Darwin. A fantastic senior role with Darwin’s leading law firm has arisen for a senior family lawyer to lead the practice. Superb client base and excellent salary package on offer.

Ref: 644188.

5+ years

International business with an outstanding reputation and a diverse range of retail and wholesale investment products. Diverse work including funds management, investment products, institutional and HNW individual client portfolio. Genuine career progression and development on offer. Ref: 644071.

3-7 years

Debt Capital Markets

CMT Associate

International Corporate

Dubai

Hong Kong

London

This is one of the leading firms in the Middle East and with a significant pick up in corporate instructions over the last 6 months, is now looking for an additional junior to join its team. A wide variety of corporate, and occasionally commercial, work is on offer.

Ref: 23973SM. 1-3 years

This international firm is looking to grow its structured finance and derivatives practice. Candidates should have general finance and/or capital markets experience. Chinese language skills are not required.

The role offers opportunities for career advancement as well as a top salary. Ref: 147100.

3-6 years

Join this Tier 1 commercial IT/IP team in London for exposure to outsourcing, non-contentious IP, licensing, data protection and e-commerce work.

Expect excellent training, hands-on responsibility and top City salaries. Strong academics and experience required. Ref: 805170.

2+ years

Commercial

Treasury Services

Funds and Corporate Lawyers

Saudi Arabia

Singapore

Jersey

One of the world’s largest producers/exporters of basic commodities is now looking for a senior corporate/commercial lawyer to advise on formation of JVs with major global companies, negotiation of offtake agreements, EPC contracts and other complex commercial agreements. Ref: 24093GP. 10+ years

Renowned US investment bank seeks legal counsel to cover treasury services in Singapore. Reporting into the wider treasury team in Hong Kong, this role will cover cash management, trade finance, payment and liquidity management services. Relevant experience essential. Ref: 123201.

7+ years

This global offshore law firm is looking for funds lawyers and corporate lawyers for its Jersey office.

Working on the highest quality transactions, earning a City salary at a low tax rate, with an enviable work/ life balance. Great opportunity not to be missed.

Ref: 495020.

2-7 years

Broad Commercial

ISDA Negotiator

Funds Lawyer

Dubai

A private investment company with assets over the globe is looking for 2 very strong lawyers to work with them in Dubai. To be successful in this role, you will need to have a sharp commercial mind, combined with top-tier international law firm experience.

Ref: 24263MA. 4-8 years

Hong Kong

Leading banking organisation requires a candidate with around 3-5 years’ relevant experience to negotiate, review and support the ISDA documentation function in Asia. The role requires someone comfortable with a high degree of autonomy and Chinese language skills are not essential. Ref: 149200.

3-5 years

Cayman Islands

Fantastic opportunity for a top-tier lawyer with 3+ years’ PQE in investment funds, corporate or M&A. Leading offshore law firm in Cayman Islands – top market salary, excellent quality work, living on a Caribbean island.

Candidates will have excellent academics and top-tier experience. Ref: 825660.

3-7 years

For International roles, call Karlie Connellan on +61 (0)2 9236 9000 or email karlieconnellan@taylorroot.com.au For Australian Private Practice roles, call Matt Harris on +61 (0)2 9236 9000 or email mattharris@taylorroot.com.au For Australian In-House roles, call Brian Rollo on +61 (0)2 9236 9000 or email brianrollo@taylorroot.com.au THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE