THIS WEEK
CAPTAIN COOK
IN-DEPTH
HDY head to steer ship until 2014
TOUGH TALK Changing attitudes to ADR
THIS WEEK
LEGAL LEADERS
Firms team up with Big Tobacco
How a Wallaby tackled Toyko and the law
BRANDS UP IN SMOKE
WORDS OF WILLIAMS
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Friday 17 June 2011 Print Post Approved 255003/05160
DISCOVERY DILEMMA How the angels of technology bedevil litigation
Contents Contents Regulars
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“People the market, such as investment “All I ask is in that when lawyers charge, they makebankers, a were writing this off months ago” difference, that they add value to their client’s case” – Blake Dawson partner Bill Koeck, on the failed merger between the Singapore Exchange Attorney-General Robert McClelland weighs in on the ADR debate and the Australian Securities Exchange
Regulars
Features
Features
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THIS WEEK: A round-up of the latest legal news THIS WEEK: A round-up of the latest legal news IN-DEPTH: The viability of international courts IN-DEPTH: The geographic extension of client needs and tribunals is once again on trial, following is seeing a new wave of law firms go national. But, the arrest of accused Serbian war criminal as Angela Priestley reports, the strategy requires a Ratko Mladic, writes Claire Chaffey long-term outlook – and a little bit of luck LEGAL LEADERS: Blake Dawson partner Ian PRACTICE PROFILE: As the political standoff over is the only person to have played rugby Williams Australia’s proposed carbon price mechanism union for both Australia and Japan. The former continues, climate change lawyers must beWallaby prepared tells Justin Whealing how his sporting to adapt to any outcome. Briana Everett reports connections have helped him off the field
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LEGAL LEADERS: Leading climate change lawyerCOUNSEL: Employers are enticing staff CAREER Duncan McGregor has the difficult job of juggling rolespay increases of up to 15 per cent to stay with IN-DEPTH: Advocates of on opposite sides of the environmental fence. He tells for professionals with sought-after alternative dispute resolution Justin Whealing how he does it skills. Briana Everett reports admit there are still big
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obstacles to its success – notexpectations FOLKLAW: CAREER COUNSEL: Lower and flexibleThe lighter least of whichstrategies is the attitude of key to finding side the law recruitment are the theofright lawyers. Claire Chaffey reports legal talent. Briana Everett reports
COVER STORY: In the competitive corporate legal market, a few small boutique firms have dared to take on big law ... and won. Claire Chaffey reports BOOK LAUNCH: Freehills’ colourful history was celebrated at the launch of a new book tracing the evolution of Australia’s first national law firm. Justin Whealing reports
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COVER STORY: The paper world has been replaced PROFILE: AJ Brown’s new by the digital age – a reality that both helps and biography of Michael Kirby hinders large-scale litigants relying on discovery. explores the paradoxical nature As Claire Chaffey discovers, technology can be of the retired High Court judge. a double-edged sword By Angela Priestley
FOLKLAW: The lighter side of the law
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Editor’sNote
Editor, Justin Whealing
Lawyers Weekly is delighted to have the following industry leaders on its editorial board
UNLIKE AT the pub, when lawyers say they want to “step outside”, they are not trying to escalate a situation – they are trying to settle it amicably. So, why are some lawyers and their clients so reticent to step outside the courtroom and resolve a dispute through an alternative route to litigation? Deputy editor Claire Chaffey attended a panel discussion last week with Attorney-General Robert McClelland and NSW Supreme Court Justice Patricia Bergin that looked at alternative dispute resolution (see story on page 10). Panel members agreed that the adversarial nature of the legal system and not wanting to “look weak”, in the words of Salvos Legal managing partner Luke Geary, are part of the problem hindering ADR. “There are people who will always want to say, ‘see you in court’,” said Justice Patricia Bergin. “They won’t settle.” While this outdated notion is starting to change, albeit slowly, it is not its appeal to the gentler side of the human psyche that is providing the impetus to adopt ADR. It’s the hip pocket. High-profile and costly litigation cases, such as the C7 case, prompted Justice Ronald Sackville’s condemnation that the $200 million cost of hearing the matter was “scandalous”. This might have provoked some initial navel gazing from law firms, but the mounting costs of discovery mean that nothing has really changed when it comes to reining in the costs of litigation or trying to curb a client’s wish to seek the “smoking gun” document that will make or break their case (see cover story on page 16). While the mantra of law firms has been that extensive discovery searches fulfil their clients’ brief, firms need to be less passive – starting with getting their own processes in order when undertaking discovery searches and confining the presentation or use of documentary evidence to what’s relevant, rather than conduct a “we will find everything” exercise. Assisting clients to be “litigation ready” and openly canvassing the use of ADR and its benefits would also help. Changing the culture and attitude of the legal profession away from its traditional adversarial nature is proving to be a slow and difficult process – one that is often held back by selfinterest and a blinkered view of how things should be done. Encouraging the use of ADR and reining in the spiralling costs of litigation would only enhance the legal profession’s public image.
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EDITORIAL BOARD
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Allens female partners rise to 30 Pressure mounts on legal salaries The making of a national firm Middletons promotes 19 Freehills adds six to partnership Lawyer pleads not guilty to murder The making of a national firm – Clayton Utz 8 Legal recruiter apologises for ad shocker 9 The making of a national firm – Allens Arthur Robinson 10 Judge warns lawyer: don’t crib argument from Wikipedia
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: Justin Whealing Deputy Editor: Claire Chaffey Senior Journalist: Briana Everett Contributors: Sarah O’Carroll, Ben Nice Design Manager: Anthony Vandenberg Production Editor: Vanessa Fazzino Senior Online Producer: Rebecca Whalen 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: Justin Whealing justin.whealing@lexisnexis.com.au (02) 9422 2832 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.
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thisweek
Lawyer pleads not guilty to murder Perth barrister Lloyd Rayney has pleaded not guilty to the murder of his wife. Rayney was arrested in December last year and charged with the murder of his wife, Corryn, whose body was found in bushland in August 2007. Appearing before the Stirling Gardens Magistrates Court on 8 June, Rayney pleaded not guilty and was committed to stand trial in July. Perth barrister Anthony Elliot, a former deputy director of public prosecutions in Fiji, is acting for Rayney. Consumer laws a boon for ACCC The Australian Competition and Consumer Commission (ACCC) has raked in more than $3.6 million in penalties since it was granted additional powers under a suite of new consumer laws in April last year. SingTel Optus received 27 breach notices and penalties of $178,200 for what the ACCC considered was false and misleading conduct in the promotion of mobile phone plans. The highest penalty was handed to overseas companies Yellow Page Marketing BV and Yellow Publishing, which were fined a total of $2.7 million by the Federal Court for sending thousands of misleading faxes and invoices to businesses in an attempt to obtain subscriptions to their online business directories.
The Web
Salaries and staff on the rise An Australian Institute of Management (AIM) Survey released on 9 June revealed that voluntary turnover increased from 10.3 per cent to 12.6 per cent. The AIM surveyed 506 large companies, including five law firms, with 52.6 per cent of respondents indicating that they had added to their number of permanent staff over the past 12 months. The vast majority of respondents (92.2%) paid salary increases in 2010/11 – a significant increase from 73.6 per cent in the previous period.
Lawyers condemn Malaysian asylum seeker deal A FORMER United Nations lawyer and Labor backbencher has joined a growing number of legal professionals opposing Australia’s asylum seeker deal with Malaysia. Melissa Parke, the federal Labor member for Fremantle, told the ABC that if the UN does not support Australia’s plan to send 800 asylum seekers – including unaccompanied minors – to Malaysia in return for 4000 Malaysian refugees, she would be unable to offer her support. “As a former lawyer with the UN for eight years, including working with refugees, and as the chair of the UNICEF parliamentary association, I would find it difficult to support an arrangement that was not supported by the UNHCR or by UNICEF Australia,” said Parke. “Australia has signed up to the UN Convention on the Rights of the Child and they are entitled to have their welfare and rights protected. And the minister, as the official guardian of unaccompanied
minors, has a responsibility to ensure that Australia complies with its legal obligations under that convention.” The UN withdrew its support for the Labor Party’s Malaysian deal because it involved sending unaccompanied minors off-shore. However, after the UN applied pressure, the Government is now saying that children will be assessed on “an individual basis”. Parke is not the only lawyer to voice concern over the deal, with lawyers Marion Le and Julian Burnside QC urging Labor to reopen the Nauru processing centre because asylum seekers would likely receive better treatment in Nauru than Malaysia. Last month, members of the Malaysian Bar slammed the proposal, saying that Australia would be abdicating its responsibilities under the Refugee Convention and condemning 800 refugees to a life of uncertainty and probable mistreatment. Opposition to the agreement has intensified since the ABC revealed last week that within the draft agreement, Malaysia, which is not a signatory to the Refugee Convention, had removed all references to human rights.
R E W IND Labor’s plan to price carbon won a powerful advocate, with the Productivity Commission supporting the move as the most cost-effective way to cut the country’s carbon emissions. One of Australia’s leading viticulture families, De Bortoli, lost its bid to win back the $9.2 million it lost following an investment in HIH Insurance only days before it went under in 2001. Indonesia’s agriculture minister hit back at the Gillard Government’s decision to ban live cattle exports, saying the country would rely on local farmers and frozen beef from New Zealand and the United States. Immigration Minister Chris Bowen revealed that Malaysia would consider taking more than the agreed 800 asylum seekers under the proposed AustraliaMalaysia refugee exchange deal. Germany failed to identify the cause of the E. coli outbreak that has left 25 people dead, with national authorities suspecting beansprouts and cucumbers but unable to confirm either source as the culprit.
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thisweek
Movers & Shakers
DE AL MAKERS
Top firms leave SA’s biggest PPP in healthy condition Deal name: SA Health Partnership on Royal Adelaide Hospital PPP project Key players: Freehills; Clayton Utz; Allens Arthur Robinson
FREEHILLS HAS advised successful consortium SA Health Partnership (SAHP) on the new $1.85 billion Royal Adelaide Hospital PPP project, described as the single largest infrastructure project in South Australia’s history. The consortium – which includes Hansen Yuncken, Leighton Contractors, Macquarie Capital and Spotless – will finance, design, build and operate the hospital under a 35-year concession. SAHP raised more than $2.5 billion in long-term debt to help finance the project, which will ultimately create a new world-class hospital servicing more than 80,000 patients a year. The Freehills team was led by partner David Templeman, along with partners Melita Cottrell and Baden Furphy, and
senior associates Andrew Griffiths and Nick Baker. Templeman said it had been a challenging and rewarding process involving sophisticated project finance structures, and complex service provision, that cut across a variety of legal areas. “The project includes over $300 million in private equity investment in addition to long-term debt from a diverse group of Australian and international banks,” he said. “It is very satisfying to work on a project that will result in such a wonderful asset for the people of Adelaide and South Australia.” Clayton Utz acted for the state and Allens Arthur Robinson acted for the lenders.
DE AL MAKERS
Sally Weatherstone
Leigh Brown
Mike Barker
Firm
Gadens Lawyers
Minter Ellison (Wilmar); HopgoodGanim (PSMA)
Mallesons Stephen Jaques (Bradken); Freehills (Merrill Lynch)
Deal name
Blackthorn Resources on capital raising through private placement to Glencore International AG
Sucrogen (subsidiary of Wilmar International) on agreement to acquire Proserpine Co-operative Sugar Milling Association
Bradken on equity capital raising through placement to institutions with share purchase plan
Area
Capital markets
Mergers and acquisitions
Capital markets
Value
$10 million
$115 million
$152 million
Key players
Gadens’ Kym Livesley, Andrew Lind and Sally Weatherstone
Minter’s Leigh Brown, Angella Bregovac and Antra Hood
Mallesons’ Mike Barker
Finlaysons appoints new workplace partner Adelaide firm Finlaysons added senior insurance and workplace lawyer Guy Biddle as a partner to the firm’s workplace practice. Biddle joins Finlaysons from Donaldson Walsh Lawyers, bringing more than 20 years of experience managing workplace claims. Hall & Wilcox snaps up AMP legal counsel Former legal counsel for AMP Group, Leong Khoo, has moved back into private practice to join the banking and finance practice of Hall & Wilcox as special counsel. With previous roles such as senior legal counsel for the Commonwealth Bank, as well as senior roles at Clayton Utz and Allens Arthur Robinson, Khoo brings more than 20 years of experience in the banking and finance sector. Blakes lawyer joins Advent Trevor Goh, a senior lawyer from Blake Dawson who has worked in Shanghai, Jakarta, Port Moresby, Sydney and Perth, has moved to Advent Lawyers. Goh has more than 15 years of experience in major projects across the Asia-Pacific region. DLA Piper poaches Clutz partner Life sciences and pharmaceutical lawyer Amanda Turnill left Clayton Utz to establish a practice at DLA Piper in Sydney. Prior to joining Clayton Utz, she was a partner at Lovells (now Hogan Lovells) in London.
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thisweek xconsular failurex
xfederal court appealx
Sexual assault victim to sue Government
MAURICE BLACKBURN has been granted leave to commence Supreme Court proceedings against the Australian Government over an alleged failure to provide proper consular advice to an Australian sexual assault victim. Brisbane woman Alicia Gali claims she was drugged and sexually assaulted by colleagues when working at Le Meridien Al Aqah Beach Resort in Fujairah, in the United Arab Emirates, in 2008. After reporting the assault, she was jailed for eight months for having sex outside of marriage. In March this year, the firm launched legal action on behalf of Gali against her former employer, alleging that the hotel had breached its obligations by failing to have proper systems in place to protect workers. Michelle James, the Maurice Blackburn principal acting for Gali, said there were now strong grounds for examining the Department of Foreign Affairs and Trade’s (DFAT) role in Gali’s ordeal. “The embassy did not warn Ms Gali about the dangers of reporting a rape. If Ms Gali had received the right advice and not reported the sexual assault, she would not have gone to prison.” According to James, when Gali realised something terrible had happened to her, she called the Australian embassy in Dubai to seek assistance because she required medical attention. Her employer had unlawfully held her passport and she was very distressed. Gali told the embassy she believed she had been sexually assaulted, but the embassy did not help her recover her passport. Under UAE law, it is illegal to have extramarital sex, and Gali was charged and convicted of “consensual sex”. Rape is only considered a crime if four adult male Muslims witness the incident. The men involved in the incident were also jailed for “consensual sex” and served the same jail time as Gali. “We are widening the claim to include the DFAT because it failed in its obligations to Ms Gali. The embassy’s deficient advice led to Ms Gali spending a hellish eight months in prison,” said James. “Ms Gali was not told she could be jailed for reporting a sexual assault. If she had known that, she would not have reported the assault and would have tried to leave the country immediately.”
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Big law teams up with Big Tobacco Corrs and Allens join the battle against plain cigarette packs CORRS CHAMBERS Westgarth is acting for British American Tobacco Australia (BATA) and Allens Arthur Robinson is acting for Philip Morris Australia in the fight against the Federal Government’s proposed plain packaging legislation for cigarettes. If passed, the Government’s Plain Tobacco Packaging (Removing Branding from Cigarette Packs) Bill will amend product information standards to remove brands, trademarks and logos from tobacco packaging. BATA has launched proceedings in the Federal Court of Australia to appeal against the Government’s refusal to publicly disclose its legal advice regarding its plain packaging scheme. “The Gillard Government is leading the world with this legisla tion. We can see the longterm benefits and have the political will to see this through,” said Health and Ageing Minister Nicola Roxon. To be heard by a full bench of the Federal Court, BATA is seeking the release of the Government’s legal advice under freedom of information (FOI) laws.
“BATA suspects that Minister Roxon hasn’t released the legal advice because it’s likely to The amount the demonstrate her plain packaging Government is laws are flawed,” claimed BATA in planning to spend a statement released on 31 May. in legal fees on “Documents already obtained plain packaging through the FOI process show IP Australia advised the Government that plain packaging will impinge on the rights of trademark owners. Another document shows the Government is planning to spend $10 millionplus in legal fees on plain packaging.” BATA spokesperson Scott McIntyre said that as well as having no proof that plain packaging will reduce smoking rates, the Gillard Government has refused to guarantee that billions of taxpayer dollars will not be wasted in compensation to the tobacco industry. Opposition leader Tony Abbott has claimed the Coalition would not oppose the legislation but would put forward a number of amendments. Lawyers Weekly contacted Philip Morris for comment, but it had not provided a response at the time of writing.
$10m
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thisweek x2011 partnership roundx
US/UK Update
leading the way The latest partnership announcements see Sharon Cook retain her position at the helm of Henry Davis York, and six new Freehills partners HENRY DAVIS York last week announced the extension of Sharon Cook’s tenure as the firm’s leader – a decision agreed to by the firm’s entire partnership. “The HDY partnership has unanimously voted Sharon to continue her role as managing partner until 30 June 2014,” said chairman of partners Philip Crawford. “Under Sharon’s leadership the firm has experienced three years of successive revenue growth.” Prior to her election as the firm’s leader in June 2008, Cook was an insurance specialist with particular expertise in professional indemnity insurance law, directors and officers liabilities, corporate governance and building and construction litigation. HDY also announced the promotion of six of its lawyers to the position of partner, providing a 10 per cent boost to the partner ship and bringing the total partner headcount to 58, in addition to two special counsel and 14 senior associates. Peter Mulligan, Craig Ensor, Claudine Salameh, Tom Hollo, Scarlet Reid and Justin Madden were appointed partners, while Kieran Ryan and Mark Paige were promoted to the level of senior counsel. Newly appointed as senior associates were Stephen Iu, Carrie Neal, Sonja Aleksandrova, Matthew Watts, Kathleen Fenton, Greta Driscoll, Luke Chapman, Dean Stretton, Susan Babidge, Scott Joseph, Simon Byrnes, Marie Hennessy, Janet McKelvey and Fiona Mudie. Freehills, Middletons and Piper Alderman also boosted their partnership levels last week. On 9 June, Freehills announced the promotion of six of its lawyers to the partnership, including three in Sydney, two in Perth and one in Melbourne. These latest additions keep Freehills’ total partner headcount at 197.
Henry Davis York managing partner Sharon Cook (above) and partner Peter Mulligan.
The six new partners – Patrick Gay, David Hugo, Liz Macknay, Nicholas Ogilvie, Joel Rennie and Adam Strauss – will commence their new roles on 1 July. Freehills also announced the appointment of three executive counsel – Sharon Travers, Helen Mould and Shivchand Jhinku – as well as Kaman Tsoi as special counsel. On 6 June, Middletons announced the promotion of 19 of its staff, including one partner, two special counsel and 16 senior associates. Lisa Egan was appointed a partner in the firm’s Melbourne commercial litigation team, while Baron Alder and Travis Payne were elected special counsel in the commercial litigation teams in Sydney and Melbourne, respectively. Those promoted to senior associate level were Zoe Bare, David Bath, Brihony Boan, Jacqui Guthridge, Hannah Jankiewicz, Rachael King, Lisa Le Faucheur, Stephen McKenzie, Elise Martello, Gregory Pieris, Rebecca Roberts, David Ryan, Venetia Stewart, Su Sze Ting, Shehana Wijesena and Daniel Zabow. Also on 6 June, Piper Alderman announced the promotion of four senior associates – Aaron Chan in the firm’s Sydney corporate team, Jonathon Dodd in the Adelaide property and projects team, Sina Kassra in the Sydney corporate team and Ben Motro in the Sydney employment relations team – as well as three associates. They are Bianca Battistella in the firm’s Adelaide corporate team, David McKewin in the Brisbane dispute resolution team and Stephen Morrissey in the Sydney dispute resolution team. The appointments are effective from 1 July.
CC juniors get pay rise Magic Circle firm Clifford Chance has followed in the footsteps of rival firm Freshfields Bruckhaus Deringer by announcing small rises in associate salaries, reports The Lawyer. The firm has raised bands for lawyers with one, two and three years of post-qualification experience but has stalled pay levels for trainees and newly qualified lawyers. Freshfields last month upped junior pay scales and allowed band progression.
uk merger deal under way UK firm Clyde & Co and Barlow Lyde & Gilbert are in advanced merger talks, reports Legal Week, with the potential deal set to be one of the largest-ever marriages between two UK practices. Senior partners at both firms have been talking for several months and details of the proposed union are expected as soon as the end of June, when Clydes is due to hold its annual partner conference. The merger would create a firm with more than 1000 lawyers and combined revenues of over £300 million ($462 million). shearmans boasts high retention US firm Shearman & Stearling has offered jobs to all but one of the trainees due to qualify into the US firm’s London office in September, reports The Lawyer. The firm offered newly qualified roles to 11 of the 12 autumn 2011 qualifiers, brining the retention rate to 91.5 per cent for the second consecutive year. Shearman London managing partner Nigel Buckworth said: “Having young lawyers train with us and develop their careers with us is an important way of maintaining and consolidating the firm’s culture.” Field Fisher outsources facilities UK firm Field Fisher Waterhouse has signed an £18.5 million ($28.5 million) deal that will see it outsource its European facilities department, reports Legal Week. Under the five-year contract, facilities management company Rollright will manage the firm’s 20-person facilities team in London, as well as providing the firm with access to Rollright’s staff across Europe. The company will also take care of associated services such as print production, archiving, knowledge management and catering.
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indepth
Truth, justice and the ADR way “There are people who will always want to say, ‘see you in court’. They won’t settle”
Advocates of alternative dispute resolution admit there are still big obstacles to its success – not least of which is the attitude of lawyers. Claire Chaffey reports
JUSTICE PATRICIA BERGIN
A
lternative dispute resolution (ADR) is arguably the topic of the moment: the acronym on every lawyer’s lips and the darling of broader legal circle discussions across the country. So when the NSW Law Society Dispute Resolution Committee and Baker & McKenzie brought together a high-profile panel to discuss whether ADR’s potential to provide access to justice is fact or fiction, the issues raised were a frank reminder that ADR has not yet established its status as normal and accepted legal practice. One of the primary issues discussed by panel members – including federal Attorney-General Robert McClelland, Justice of the Supreme Court Patricia Bergin, Race and Disability Discrimination Commissioner Graeme Innes AM and Salvos Legal managing partner Luke Geary – was the pervasive culture that portrays lawyers and clients who adopt ADR methods as “weak”, hampering efforts to reduce the amount of matters ending up in Australian courts. While McClelland spoke of the need to change the inherently adversarial culture of lawyers and law firms, Geary noted the continuing perception among clients – and their legal representatives – that resorting to mediation, conciliation or arbitration is seen as backing down. “Clients are concerned that they would look weak if they use ADR,” said Geary. Justice Bergin agreed, saying that although many people have moved beyond the mindset of “having to have their day in court”, there remains a certain type of person in which the
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desire to litigate is extremely difficult to shift. “There are people who will always want to say, ‘see you in court’,” she said. “They won’t settle. It’s an attitudinal thing because of human nature. They will never change.” However, McClelland believes the culture within law firms is evolving and becoming more receptive to ADR. “If we can get lawyers to be ADR advocates … they might start getting the best outcomes for their clients,” he said. “If lawyers stop having to show how tough they are … then I think we’ll get somewhere.” Despite the Attorney-General’s optimism, Innes raised the ongoing problem of the cost of litigation, which impedes access to justice for those who are neither very rich nor eligible for legal aid. And panel discussion host Helen
Dalley, a journalist with Sky News, questioned why law firms would push clients towards ADR when their economic welfare is often shaped by the fees earned during litigation. “I have no problem with lawyers charging what they are worth,” said McClelland. “All I ask is that when lawyers charge, they make a difference, that they add value to their client’s case. I think that culture is changing.” It was generally agreed by members of the panel – which also included David Fairlie, general counsel of Competitive Foods Australia, and Mark Chapple, former managing partner of Baker & McKenzie – that the effectiveness of ADR, and the extent of its use, has not yet been properly monitored or measured. However, according to Justice Bergin, one has to look no further than the Bar, and the growing anecdotal evidence suggesting that many barristers – both junior and senior – are short of work, to see that ADR is making its mark. “If you ask the Bar [if ADR is being adopted], the answer is yes,” she said. “There’s flatness, quietness. The work at the Bar is changing. Barristers are working out how to settle, rather than honing their skills on their feet.” The panel also discussed fears that unsuccessful attempts at ADR that end up in court will simply add to a client’s costs, and the concern that unrepresented litigants could be more vulnerable in an ADR setting compared with arguing their case before a judge. LW
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indepth
On the warpath
The viability of international courts and tribunals is once again on trial, following the arrest of accused Serbian war criminal Ratko Mladic, writes Claire Chaffey
I
nternational courts and tribunals are undoubtedly an essential part of imple menting international criminal law and upholding human rights, but the tendency of trials to be drawn out and expensive is beginning to alienate the political powers that fund them – a point illustrated by Australia’s decision last month to scale back funding to the International Criminal Court. According to Dr Gideon Boas, a senior lecturer at Monash University and former senior legal officer at the International Criminal Tribunal for the former Yugoslavia (ICTY), the issue is one of the single biggest threats facing international courts and tribunals today. As such, rectifying the crippling inefficiencies that plague them is central to their survival. Boas believes learning from the successes and failures of past trials, including that of former Iraqi president Saddam Hussein, is one way prosecutors responsible for indicting suspected war criminal Ratko Mladic can ensure he receives a trial that is both fair and efficient. “There are many concerns that challenge ideas of fairness in war crimes trials, and that includes the way in which the trials are conducted,” says Boas. “There is a question about whether the prosecution should bring fewer charges against an accused such as Mladic. He is charged with crimes such as the Srebrenica genocide, the siege of Sarajevo and a whole range of other crimes in municipalities in Bosnia. If the prosecution runs that entire indictment, it will take a long time, so there is pressure on them to drop some areas of the indictment to enable the case to be shorter and more focused.” It is the sheer scale of war crimes trials – often involving tens of thousands of victims – that renders them costly and inefficient, says Boas. He estimates that Mladic’s trial could go on for at least four years unless changes are made to the system. Boas also believes the UN’s rules in relation to the election of judges need to be stricter to ensure that appropriately qualified and experienced judicial officers sit on the bench, and claims the prosecution is often unwilling to reduce indictments due to a perception that they are seeking justice for victims. While this is a legitimate concern, says Boas,
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One of the greatest threats to international criminal law is the diminishing will of the international community to fund it”
it becomes a problem when the prosecution fails to cut out sections of the indictment that it probably should. This in turn jeopardises the basic human right to a fair and expeditious trial, and is an issue that is testing the will of the international community to fund such trials. “One of the greatest threats to international criminal law is the diminishing will of the international community to fund it. The ICTY, which is now trying a handful of people, costs about $US150 million a year,” he says. “And when the trial takes a long time to commence, as in the case of [the International Criminal Tribunal for] Rwanda for example, there are cases that haven’t finished yet and the accused has been in custody for over 10 years. Or, in the case of someone like [former Serbian president Slobodan] Milosevic, when the actual
trial itself goes on for four or five years, there is also a question about the capacity of the defendant to sustain a trial of that length and volume. That is a major concern.” Despite the controversy surrounding Saddam Hussein’s trial, Boas says it provides an example of how they can be run better. “Although that tribunal had some very serious legitimacy issues, the way the prosecution went about prosecuting him was very clever and clearly in reaction to the problem in [the] Milosevic [trial],” he explains. “They charged Hussein with one incident … and prosecuted him for that and got a conviction. Then they moved on to the next indictment. It was a much more focused approach, and a much more efficient and expeditious trial as a result of that.” LW
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legalleaders
A tale of two careers Blake Dawson partner Ian Williams is the only person to have played rugby union for both Australia and Japan. The former Wallaby tells Justin Whealing how his sporting connections have helped him off the field
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ike many meaningful connections in life, Ian Williams’ relationship with Japan happened more by way of circumstance and luck than by design. The Blake Dawson partner who was instrumental in establishing the firm’s Tokyo office last year – the first Australian firm to do so – was a jet-setting international rugby union player before he ditched the muddied rugby jersey for the preferred private practice attire of slick suit and tie. While working with Mallesons Stephen Jaques in 1988, Williams was awarded a scholarship to Oxford University, travelling to the United Kingdom via Tokyo to join the Oxford University rugby squad on a pre-season rugby tour to Japan. “I met the president of Kobe Steel, and he put a proposition to me that when I finish at Oxford, why don’t I have a year off and play rugby in Japan,” says Williams. “He is a persuasive guy, and after a little bit of whisky and water and ‘lost in translation’ moments, I came back to Japan and took up his offer.” Williams then spent the next five-and-a-half years alternating between Japan and Australia, depending on the rugby season. While he put his fledgling legal career on hold, his rugby career was thriving. Williams was the Wallabies’ player of the year in 1988 and in 1993, he achieved the rare distinction of being a dual international when he ran out for the “Cherry Blossoms” in a Test match against Wales, managing to score a try on the hallowed rugby turf of Cardiff Arms Park. “The funniest moment was standing there at the start of the game and thinking they were going to play Advance Australia Fair, but they
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start with Kimigayo [the Japanese national anthem], which is an ode to the Emperor,” says Williams, chuckling at the memory of his solitary appearance for Japan. “I am standing there thinking, ‘I don’t know the words to this, and then I looked around and saw that many of the Japanese guys didn’t really know it, either. Getting fired up to fight for the Emperor felt a little bit awkward.” Williams hung up the rugby boots shortly afterwards, ceremonially throwing them in a bin after his last game, and considered a career as a rugby coach. He eventually decided to resume his career in the legal profession in Australia after that initial year at Mallesons. “It was incredibly hard to adjust to life after rugby,” he says. “Some people never adjust from the transition of playing elite sport – they miss the adrenaline rush, which is addictive. Your average working life is not like that; the comparative monotony of office life can be quite hard to adjust to.” In 1995, Williams joined what was then Blake Dawson Waldron in the firm’s property group in Brisbane. He soon moved to the firm’s corporate group and by 2000, he had relocated to Sydney and been made a partner. “I had a good run with my Japanese clients and ASX-listed companies, particularly Goodman Fielder,” says Williams, reflecting on his meteoric rise to the firm’s partnership only five years after joining. He developed a client base that centred on Japanese and Korean clients in energy and resources work, later expanding into the industrial and manufacturing sectors. Even at that early stage of his legal career, Williams had his eye on Blakes opening an office in Tokyo to service some of its highprofile Japanese clients. “Always in the back of my mind was that one of my personal goals was to be part of a Tokyo-Japan-Australia axis, and the best way to do that is by forming relationships with people on the ground.” One company Williams has formed a particularly fruitful relationship with is Kirin. In 2009, he acted for the Japanese brewing giant on its $3.3 billion acquisition of Lion Nathan, increasing its ownership from 46 per cent to 100 per cent, and prior to that the $2.9 billion acquisition of National Foods.
Despite being based in Sydney, mainly to be close to his children, Williams still has a suite of Japanese clients and regularly travels to Tokyo. He was in the firm’s Tokyo office when the earthquake and tsunami struck Japan. Blake Dawson currently has six lawyers in Japan’s capital, with Williams saying that its client base – which consists of many mid-sized Japanese companies looking to export to Australia – will see the office expand in the near future. “There is a whole range of companies who we just wouldn’t be able to catch up with on a fly-in, fly-out basis,” he says. “A medium-sized company in Australia has 25 employees, while a medium-sized company in Japan is listed, is exporting to 100 countries and has 3000 employees. These Japanese companies are looking for export markets, and they see Australia as a potentially attractive export market.” By being the only Australian law firm with a dedicated Tokyo office, Williams believes Blakes can take advantage of situations that require the firm to be in the right place at the right time. “We had quite a decent matter that came in the other day, where a sophisticated company Googled ‘Tokyo + Australian law firm’ and our name came up,” he says. “Within two hours, our Japanese resident partner was sitting down with the client discussing the issue in Japanese.” As an ex-Wallaby winger known for his speed in getting to the try line, it is clear that Williams was impressed with such pace off the mark in tackling a new client. LW
Williams the conqueror First law firm: Debut season: Current law firm: Joined: Made partner:
Mallesons Stephen Jaques 1988 Blake Dawson 1995 2000
Wallabies debut: 1987 against Argentina in Buenos Aires Wallabies Tests: 17 (1987-1990) Japanese Tests: 1 (1993) Total tries: 11
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legalleaders
Getting fired up to fight for the Emperor felt a little bit awkward�
l aw y e r s w e e k ly 17 j u n e 2 0 11
15
coverstory
Devil in the detail The digital age has transformed the world we live in, but for litigants relying on discovery, modern communications are a logistical nightmare. While software is evolving to cope with this, Claire Chaffey reveals why it will never be enough
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hen Justice Ronald Sackville handed down his judgment in Seven Network Limited v News Limited in 2007, it was not the substantive decision that caught the nation’s attention. The outcome of the C7 case, as it is known, was perhaps no real surprise – Channel 7’s bid to sue 20 competitors for anti-competitive behaviour was always going to be hard to win. Instead, it was Sackville’s comments about the resources required to run the so-described “mega litigation” (more than 120 hearing days and an estimated costs bill of $200 million) that created an air of disbelief among the general community, and exposed what was a simmering issue within the legal profession as one that could no longer be ignored. Justice Sackville’s frank and unapologetic words became famous: “It is difficult to understand how the cost incurred by the parties can be said to be proportionate to what is truly at stake, measured in financial terms,” he said in his scathing judgment. “In my view, the expenditure of $200 million and counting on a single piece of litigation is not only extraordinarily wasteful, but borders on the scandalous.” Justice Sackville’s comments were all the more unbelievable due to the fact that the estimate of damages sought by Channel 7 was in the range of $200 million, and his words have since had a
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profound impact on how the legal profession thinks about discovery. The C7 case was, in short, an embarrassing slap in the face for law firms and big business, and pointed to a much deeper issue: was the cost of litigation impeding access to justice? This question has lingered prominently in legal circles, culminating in the tabling last month of the Australian Law Reform Commission’s (ALRC) report, Managing Discovery: Discovery of Documents in Federal Courts, in Parliament. It follows the 2009 report by the Access to Justice Taskforce, A Strategic Framework for Access to Justice in the Federal Civil Justice System, which at its core recognised the “high and often disproportionate cost of discovery” and concluded that further investigation was most definitely warranted.
Friend or foe? The ALRC’s report makes numerous observations and recommendations that it believes would go some way to rectifying what many in the profession – including federal Attorney-General Robert McClelland and new NSW Chief Justice Tom Bathurst – see as a situation that must be improved. Like Sackville, the ALRC’s concerns centre on cost and efficiency, and beneath these two factors lurks the inescapable spectre of the digital age.
“The sheer volume of data available today – running into ‘terabytes’ – tests the historical rationale of discovery as being to facilitate fact-finding, save time, and reduce expense,” states the ALRC report. “The commercial realities of discovery in the context of possibly ‘too much information’ may represent a significant barrier to justice for many litigants, as well as amounting to a huge public cost.” While advances in communication have increased immeasurably the amount of information and data created, recorded and stored (and therefore collectable during discovery), the technology used to facilitate this collection has also evolved at an astonishing rate. Beth Patterson, the director of applied legal technology at Allens Arthur Robinson, believes these technological advances are a doubleedged sword. “The complexity of information is just enormous, and the technology is constantly changing,” says Patterson. “Really, technology is a double-edged sword. It’s what produced the data, and there are lots of benefits … but there is a downside in litigation. Now, technology is also what is being used to help cull the data. The very thing that helped us get into this situation is now going to help us deal with it more effectively.”
Counting the cost of technology Despite the fact that software advances allow data and documents (whose volume often climbs into the millions for a single case) to be collected, categorised and filed much more easily than in the past, one of the primary criticisms of discovery in the modern age – and one that dominates the ALRC report – is cost.
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coverstory
Technology is a double-edged sword. ...The very thing that helped us get into this situation is now going to help us deal with it more effectively�
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coverstory The anxiety that people have about the discovery process ... is misplaced, because it is symptomatic of a trend in society concerning the way we communicate” sTuarT wesTgarTh, presidenT, nsw law socieTy
But, according to Peter Butler, the head of litigation at Freehills, the costs associated with large-scale litigation are simply a part of running a big business. “There is a concern out there in the business community that these large-scale cases are too expensive, too distracting and too slow. There is concern out there that more needs to be done to bring the cost of runaway litigation to heel,” says Butler. “I absolutely sympathise with people who worry about that. However, these factors are inescapable; just as every business – and every individual – is from time to time going to have a dispute, every now and then large companies are going to be involved in large-scale litigation. It is just part of the cost of doing business. It is almost inescapable.” According to Butler, big business will just have to bear that cost if it wants to pursue justice in a courtroom and conduct a case properly. Discovery in large-scale litigation, he says, is not something that can be jeopardised or avoided. “It is a fact that cases are won and lost on the basis of documents, probably more than any other factor, in an evenly balanced case,” he says. “Is it expensive to try to understand the documentary trail of a significant large-scale case? Yes it is. Do clients often feel that it is overly expensive and that lawyers are making it more complex than it need be? That is often the case… “In the interests of justice, just as it is true that both parties ought to be able to call any relevant witness to advance their case and the court will take inference if relevant witnesses are not produced, it is the same with documents. Documents make or break cases.”
Information overload Efficiency – or the lack of it – in large-scale litigation is another key concern of the ALRC, and one that is closely tied to cost. Stuart Westgarth, the president of the NSW Law Society and a former litigator, believes that complaints about inefficiency are ill placed. “To say there is an inefficiency issue is a bit unfair, because if you go back and ask yourself why we are in this position, we are in this
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position because the way people communicate is different to how it was in the past,” says Westgarth. “The anxiety that people have when they talk about the discovery process, almost as if there is some sort of breakdown in the legal system, is misplaced, because it is symptomatic of a trend in society concerning the way we communicate.” According to Butler, the only way to decrease costs and increase efficiency is to reduce the amount of electronic documents that are stored and thus discoverable, but in an age where social media and cloud computing are becoming the norm, this is unlikely. “In Australia we are great at hoarding documents, and that definitely adds to the cost of litigation,” he says. “But I like documents. They are important records of what has happened and they certainly make the resolution of disputes more compelling in the sense that it is more accurate. It’s not just someone’s recollection. You’ve got a contemporaneous document. But is it more expensive because there are more documents? That is definitely the case.”
Back to school The ALRC report puts forward numerous recommendations aimed at achieving a legal system in which technology is both better understood and appreciated. Among other things, it recommends that parties to a dispute prepare a detailed discovery plan that is to be lodged with the court prior to the commencement of proceedings – and upon which the judge can comment – and also to better educate judges, registrars and lawyers so they won’t be misled or make poor decisions due to a lack of understanding of the issues around technology. Butler supports this recommendation, saying that the education of decision-makers and corporate clients is essential if costs are to be kept down. “I think it’s fair to say that there is an uneven understanding, on both the bench and within companies involved in large-scale litigation, of the size of the logistical problem that these sorts of cases can present,” he says. “A discovery exercise or the drafting of witness statements that might ordinarily take a
if the information is stored in a more litigation-friendly way, it can be easier and more cost-effective” beTh paTTerson, direcTor of applied legal Technology, allens arThur robinson
few weeks can be monumentally more difficult, and one doesn’t always find that courts are sympathetic to requests for additional time.” All you can do, says Butler, is try to persuade a judge that more time is needed and explain why. If that’s not successful, and it often isn’t, he says, then you simply have to comply with the order. That inevitably means there is a huge focus on the internal resources needed to comply with the timeframe – and that is going to cost a client. “It is not unusual in a firm like ours to have several partners, lots of senior associates and even more lawyers and graduates working on a case if the client or the court is demanding that something be done in a timeframe that is not realistic,” says Butler. “You can only do it by pouring on resources and with the very heavy use of technology.” Patterson also believes that corporate clients need to be better educated about how they store information so as to be “litigation ready”, thus cutting the time and costs associated with searching for obscure information. “One of the trends generating quite a lot of talk in the industry is information management in bodies corporate, and how they manage their information in a more litigation-ready state,” she says. “There is a body of work for lawyers and technologists around helping clients understand what it is that they need [if they are involved in litigation]. A lot of clients are putting in archiving systems, and the goal of those systems is to create a full archive of things, such as emails. If the information is stored in a more litigation-friendly way, it can be easier and more cost-effective.”
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coverstory Obviously, greater use of mediation and other ADR techniques is highly desirable” peteR butleR, heAD Of litigAtiOn, fReehills
Fighting fire with fire For all the talk about changes to the processes of discovery and large-scale litigation, Westgarth – though he welcomes the ALRC’s reports and recommendations – says that, ultimately, we must accept that things have changed and that the “paper world” in which discovery was born is long gone. “I think the report is a good step in the right direction,” he says. “My only note of caution is that we shouldn’t create high expectations about these sorts of recommendations because litigation is always expensive, and the effect of electronic information on the way we communicate and do business means we live in a world where there is much more to discover than there ever was.”
Westgarth also reminds us that if parties continue to insist that their disputes be resolved in a courtroom, they will continue to pay for that insistence. “Costs do affect access to justice,” he says. “It is commonly said that only the rich, and the very poor who get legal aid, can afford to go to court. I think that has always been the case, and it still is the case, but litigation is a method of dispute resolution of last resort.” Butler, too, says litigation will always be costly, especially when discovery involves hundreds of thousands of documents and a firm that is purposefully resourced to handle large-scale litigation. And despite the evolution of software that makes electronic discovery
easier and more efficient, fighting fire with fire, so to speak, will never be the answer. “Alternative dispute resolution is the key,” says Butler. “Obviously, greater use of mediation and other ADR techniques is highly desirable. It is relationship enhancing, not damaging. It’s much cheaper and it’s much quicker. “I think we will see more use of ADR techniques as people get more and more comfortable. But there will always be some disputes that are incapable of resolution, and that is the environment in which we need to ensure we are able to deal with these matters efficiently and effectively. “But it’s not cheap, and it never will be.” lW
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career Bait and hook
counsel
Employers are enticing staff to stay with pay increases of up to 15 per cent for professionals with sought-after skills. Briana Everett reports THE 2011/2012 Michael Page International Salary & Employment Forecast reveals that employers within the legal sector intend to increase salaries, on average, by around three to four per cent in an effort to retain staff. According to the annual survey of more than 1400 employers, recruitment activity across the country has been buoyed by the resources boom and the resulting two-speed economy. “The extent of hiring activity in NSW and Victoria is positive, although not as buoyant in comparison with Western Australia and Queensland,” states the report. “Most companies are reviewing salary levels as part of their retention strategy and the vast majority will be giving their employees pay increases over the next 12 months.” The research reveals that opportunities in the legal sector continue to grow as more companies expand the size of their in-house teams. “The highest demand is for skilled professionals who can manage business investments in property and construction projects, particularly with growing sector activity in Victoria,” said the report. “There is also a strong requirement for project finance lawyers with sales, leasing and acquisitions experience who are responsible for the management of large-scale commercial projects.”
40 % 80 % SOURCE: BENENDEN HEALTH CARE SOCIETY
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of men admitted to calling in sick the moment they feel ill, compared with 30% of female workers
of men said they try their best to make it into work if they feel sick, compared with 90% of women
Additionally, the report confirms that energy and resources lawyers are still highly sought after. In-house lawyers with skill sets in high demand can expect to receive increases of between 10 and 15 per cent, and top performers in law firms may be awarded increases of between four and eight per cent. Hiring activity is expected to continue at a steady pace across all levels of the legal sector over the next 12 months. “The highest demand will be for skilled professionals with experience in project management and dispute resolution, particularly as business activity rises in the property and construction sectors,” stated the report. “There will also be a continued requirement for in-house senior construction lawyers with strong transactional experience, as well as junior to mid-level professionals with public-private partnership experience.”
my
next move
With Kieran Wrafter, state manager, Randstad Legal
Q A
How do I create a compelling CV that best sells my skills and experience?
Nearly everyone has a different view on curriculum vitaes, especially in terms of length and what information should be contained within them. When it comes to length, there are no hard and fast rules except that it should showcase your depth of experience succinctly. For most lawyers who have been admitted for at least two years, their CVs should be around three to four pages in order to provide enough detail. For senior lawyers, they can be anything up to 10 pages. A deal list can be the clincher for obtaining an interview, as it shows relevant examples of your best work. A deal list is essential for lawyers working within commercial areas. They should
be no more than one page in length and should highlight the top three to five matters that you have worked on and how you resolved these. It is also a good idea to include in your CV details about what you have done in each role, so that people can get a good understanding of where you gained your experience. It is not advisable to compile a list of places where you have worked and then a separate list of your experience. Other essential inclusions should be your education and year of admission. The year of admission is vital, but it is surprising how many people leave this crucial part out. It is also a good idea to outline your interests outside of work as well as any community involvement you have had. What should not be included is your marital status, family details, religious beliefs or any other personal information other than your name and contact details.
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folk
law
Legal team defend cut-and-paste job A US defence lawyer has learned the hard way that Wikipedia is not the most reliable source of legal information available and that other people read it, too – including judges. As reported by the ABA Journal, a federal judge has issued a warning to the lawyers who sought a new trial for a woman convicted of trying to extort money. In his February opinion, in which he denied a new trial for the defendant, US District Judge Charles Simpson of Louisville stated that the defence team should not have copied its discussion from Wikipedia. “The court notes here that defence counsel appears to have cobbled much of his statement of the law governing ineffective assistance of counsel claims by cutting and pasting, without citation, from the Wikipedia website,” Simpson wrote in a footnote. “The court reminds counsel that such cutting and pasting, without attribution, is plagiarism... Finally, the court reminds counsel that Wikipedia is not an acceptable source of legal authority in the United States District Courts.” The lawyer told the ABA Journal in a phone message that the Wikipedia entry in the motion filed was based on a brief written by his investigator, who then told the ABA Journal that Wikipedia got the information from them. “Wikipedia got that from us; it’s our product,” said the investigator. Folklaw, while embarrassed for the lawyer if he did in fact base his unsuccessful legal argument from an “openly editable model” encyclopaedia, is more impressed by the investigator’s claims that Wikipedia got it from them.
Four-year-old gives wise career counsel
A CAREER as a garbage man is a better choice than slumming it as a lawyer, according to a four-year-old girl from the United States. As reported by Above the Law, the four-year-old niece of a recent Harvard Law School graduate has given her thoughts on his occupation in a backyard video interview. Asked by her uncle whether he should be a lawyer, young Amelia simply says “no” and suggests other occupations such as a “spaceman”, “doctor” or “trash man” as much better alternatives. Asked why he shouldn’t become a lawyer, Amelia answers: “Because there are enough lawyers … there’s just too many”. Clearly wise beyond her years, Amelia then asks her uncle, “Do you know how many lawyers are sad?” Not too happy with his niece’s career choices of astronaut or garbage man, Amelia’s uncle asks what else he can be, to which she simply answers with a sigh, “Ahh, I’m not sure.”
Law students’ study space on the nose STUDENTS AT Nottingham Trent University’s law school have complained that their study environment is inadequate, thanks to the outside distraction of builders drilling, swearing and farting. Yes, farting. As reported by RollonFriday, even though exams are fast approaching, the law school has decided to refurbish the office directly above the university library – and the students are claiming the noise is simply intolerable. One student complained that study ing is accompanied by “sounds of builders banging, swearing, dropping things, drilling and farting”. Last month, deputy course leader Sarah Brooks emailed the students to apologise for the noise, stating that “whilst the initial works came to an end mid-May as anticipated, unfortunately the law school was then not told that the next phase would start before the end of term. I can only apologise again and suggest that you try the facilities at Boots library”. (Folklaw is guessing the university also did not anticipate the evidently poor diets of the builders employed to complete the works.) Apparently, the Boots library would not do, either. According to the students, the library is full of undergraduates who make almost as much noise as the builders (but hopefully not in the bodily functions department). In response to the outcry from students, a spokeswoman for the law school said, “We have also reminded students of the other extensive study and IT facilities available to them on campus, including the main library, which is open seven days a week – until midnight on weekdays – our 24-hour IT facilities and a range of open-access study areas.”
To hear Amelia’s career advice, go to www.youtube.com/embed/EmCc2GjZqUI.
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Andrew Murdoch In-House Sydney
taylorroot.com.au
Australia Financial Markets
Sydney
Mergers & Acquisitions
Melbourne
Senior Associate
Brisbane
International investment banking group requires a 2-5 year qualified lawyer with a strong markets background to work on negotiation of ISDA/GMRAs, term sheets & confidentiality agreements. You’ll be exposed to prime brokerage, commodities, DCM & debt finance. Ref: 644297. 3-6 years
Our client has a talented partner group within the firm’s corporate team in Melbourne. It attracts an interesting mix of public and private work. Candidates with experience of listings rules are of particular interest. The firm is known for its outstanding culture. Ref: 641331. 2-6 years
Exceptional opportunity with a short track to partnership exists at one of Australia’s most award laden firms. Work across the full gamut of commercial disputes under the tutelage of some of the best in the business. Relocation paid. Interviewing now. Apply in confidence. Ref: 642653. 5+ years
Media Lawyer
Banking & Finance
Litigation
Sydney
Melbourne
Sydney
Leading and rapidly expanding media icon seeks an experienced media lawyer with either in-house or secondment experience to be sole legal counsel. Fantastic opportunity for a media lawyer seeking greater autonomy and responsibility to be a central part of a media icon. Ref: 644273. 4+ years
Exceptionally talented mid-level candidates are sought by this top-tier firm. If you have had at least 2 years of transactional banking experience gained ideally from another prominent firm but want to make a move to a globally recognised firm and take a step-up, then this role is ideal. Ref: 644000. 2-5 years
In the last month a significant number of new litigation roles have been released in Sydney and the hunt is now on for star candidates. From smaller practices through to the leading top-tiers, roles exist at all levels of seniority. Call us for a full run down of roles. Ref: 545266. 2+ years
Construction Lawyer
Lawyers
Funds
Sydney
One of Australia’s leading planning, environment and infrastructure organisations is seeking an experienced construction lawyer to negotiate and draft construction and procurement contracts. Suitable candidates will have strong front-end experience. Apply now to find out more. Ref: 644137. 5-7 years
Perth & Brisbane
Sydney
Multiple roles at some of Australia’s finest firms. The work is exceptional and is some of the best in Australia. Utilise your mining, oil & gas experience and take the step-up you deserve. Top salary on offer plus relocation. Take advantage of the minerals boom, great opportunity to progress. Ref: 642779. 3 years – SA
Superb opportunity for a stellar funds lawyer to join one of Sydney’s leading law firms. Perfect opportunity to join a busy practice where quick progression is guaranteed. Competitive salary and transparent bonus scheme on offer. Apply now to find out more. Ref: 644227. 4-8 years
Corporate
Corporate
International Construction/Projects
Dubai
BVI
Hong Kong
Top international firm is looking to hire a construction/ projects lawyer in its Abu Dhabi office. You must have 2-5 years’ PQE from another respected firm and ideally have experience in construction, project contracts and energy/infrastructure related work. Ref: 22823. 2-5 years
Globally elite offshore practice with a client base and quality of lawyer second-to-none. Things are picking up on the Caribbean island rich in corporate work and the need is for a strong corporate lawyer with 3 or more years’ PQE. Low tax, great work, sailing and sunshine. Ref: 759420. 3+ years
Well known Australian firm seeks a mid-level qualified lawyer ideally with some experience of working on China deals. The partners are looking for M&A and general commercial experience. Chinese language skills would be a bonus but not essential. Market rate. Ref: 5402. 3-6 years
Litigation/Arbitration
Corporate/Funds
Structured Finance/Derivatives
Dubai
Cayman
Hong Kong
This leading developer is now looking for a mid-level arbitrator to take on and run the contentious side of its in-house workload. You should have at least 4 years of experience, including arbitration in the real estate/ construction sector. Strong team, great environment. Ref: 24053. 4-7 years
Corporate or funds lawyers with exposure from a known practice, looking to do something a little different in a sunny, low tax and beautiful location should find out more. This firm is a brand that is instantly recognisable and you will not compromise on quality of work. Ref: 825660. 3+ years
Fantastic opportunity to join a pan-Asian practice providing significant career advancement potential. You must have advised on debt transactions, in loan markets or debt capital markets and ideally be familiar with derivatives (securitised and OTC). Chinese language skills not required. Ref: 147100. 1-4 years
Project Finance/Power
Aviation Finance
Corporate
Dubai
Our client is a major power project developer in the Middle East. It is looking for a very strong projects lawyer to come on board, with plenty of power documentation experience. You will most likely come from a top-tier law firm, from anywhere in the world. Ref: 23843. 3-6 years
Singapore
Our client is an international bank that is looking for a trade finance/aviation finance lawyer to join a frontoffice team that offers structured finance products to its customers. You will work closely with the bankers to structure deals. Confident personality essential. To SG$200,000. Ref: 103900. 6+ years
London
Top City law firm is looking for outstanding corporate finance lawyers able to demonstrate a real desire to develop a career in a broader public/private M&A/ corporate finance practice. An excellent academic history and a desire to be in London for the foreseeable future is essential. Ref: 838940. 2+ 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 or email mattharris@taylorroot.com.au For Australian In-House roles, call Brian Rollo or email brianrollo@taylorroot.com.au For Melbourne roles, call Tim Fogarty on +61 (0)3 8610 8400 or email timfogarty@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