IN- DEPTH
THIS WEEK
THIS WEEK
COUNTRY REPORT
HC to decide Malaysia solution
Minters man under investigation
Blakes and Ashurst bat eyelids
Why Singapore is so hot right now
DEAL OR NO DEAL?
FIRM DEFRAUDED
LONGING LOOKS
LEGAL HOTSPOT
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WHAT’S IN A NAME? How title and money stop law firms listing
Friday 19 August 2011
In-house
In-house
In-house
Sydney | Senior Corporate Counsel
Perth | Construction & Projects
Sydney/Melbourne | Construction
This is an excellent opportunity for an ambitious commercial lawyer to join a well regarded multinational, operating in the infrastructure sector. The role will involve supervising/ mentoring other lawyers as well as handling high level legal work including corporate/commercial advice, contracts and property matters. 7 yrs+ pae in commercial law required from a major firm and/or in-house (preferably also including property and/or M&A). Ref: SYD/4408/DS
This is a key role for a senior lawyer to take a lead role on this major, globally recognized project. High level construction/projects experience required to incorporate front and back-end construction & projects work as well as broader commercial matters, preferably working with or in the resources industry. Major firm background and the ability to work autonomously are required along with a strong commercial appreciation. Ref: PER/4425/DS
Our client is a leading global infrastructure company which is seeking a senior construction lawyer for a high profile contract. You will be working closely with on-site engineers managing numerous construction disputes. At least 6 years back end or mixed back and front end construction experience gained at a recognised firm and the ability to manage large scale disputes is essential. Ref: SYD/4427/OH
7 years +
10 years +
6 years +
International New York | Banking & Finance
Hong Kong | Project
Singapore | Banking
New York Opportunity! U.S. international firm is seeking qualified associates to join its New York based banking group. The group represents major international institutional lenders including most of the world’s largest banks in a variety of financing transactions ranging from loan origination, asset-based financing, leveraged financing and syndicated bank loans and advising on senior, subordinated and mezzanine debt transactions. Ref: NYC/4471/RL
No Mandarin required. This is an excellent opportunity for a junior lawyer interested in an exciting and challenging role overseas with a reputable international firm. On offer is cutting edge work in multiple jurisdictions across the region. An opportunity such as this has become rare for non-Mandarin speakers. If you have a background in project work then you should give serious consideration to this unique opportunity. Ref: HK/4298/RL.
A junior and mid level lawyer with general banking experience are sought to support the Singapore based finance practice of this international firm. The role will involve regional work but also have an aspect of Singapore based work as well. The ideal candidate will have 2 to 4 years experience in general banking gained with a top-tier or strong mid-tier law firm and have strong legal analysis and drafting skills. Ref: SIN/4371/RL
4 years +
2 – 4 years
London | Banking & Finance
London | Investment Funds
Our client is looking for high caliber, energetic banking and finance lawyers with a broad range of experience gained from a top tier or highly regarded mid tier practice to join its leading City finance team. Leveraged finance experience will be highly regarded. You will need strong academic, inter-personal and technical skills to qualify for this role. Ref: LON/4306/RL
Junior – Mid Level
London | Corporate Finance
3 – 6 years
2 – 3 years and 4 – 8 years
The asset management and investment funds practice of this UK firm is looking to appoint additional funds associates to its highly rated City practice. The team advises on the full range of legal and regulatory issues for institutional and specialist asset management firms and is recognised as one of the leading investment funds practices in the UK. Solid academics are essential. Ref: LON/4389/RL
Our client’s asset finance group represents a market leading practice acting for financial institutions, leasing companies, airlines and rail operators. Growth in activity is driving the need to hire quality asset or corporate finance lawyers interested in this area to join its team.You will gain experience in a leading practice working on cross-border financing structures and from access to world class training andsecondments. Ref. LON/4168/RL
Sydney | M&A
Sydney | Project Finance
Melbourne | Insurance
Our client’s enviable corporate group includes a capital markets practice comprised of some of the most reputable partners in the Australia. The group regularly advises on high profile capital raisings, IPOs and strategic placements in Australia and internationally. The M&A team works on both public and private transactions advising both corporate clients and investment banks. A career moulding move for a motivated lawyer. Ref: SYD/4244/OH
This large prestigious national firm has a new opportunity for a senior associate with experience working on major project finance, public private partnerships, general corporate and capital markets. You will have a high level of experience with complex and high level financing transactions. Previous experience mentoring and supervising junior lawyers is essential. Excellent remuneration package on offer and genuine career progression. Ref: SYD/4379/GG
Excellent opportunity for an experienced insurance lawyer to join this national mid tier firm. The firm has an excellent reputation and is known for their quality service offering. They are seeking a lawyer with at least two years experience to work on complex professional indemnity matters across financial lines, D&O and property related disputes, with first class Partners in a down to earth team. Strong academic background and interpersonal skills are essential. Ref: MEL/4146/AM
2 – 4 years & 4 years +
Private Practice 2 – 5 years
Sydney | Property (Hotel & Tourism) Senior Associate
An opportunity has arisen for a senior associate level lawyer with expertise in commercial real estate property transactions with a particular emphasis on the hotel, tourism and gaming industries to join this busy group. The role will involve advising on all aspects of property transactions, including assisting clients with acquisitions and disposals, joint venture arrangements, property management, advising on relevant hotel and gaming regulatory issues, development projects, leasing and property financing arrangements. Ref: SYD/4366/AM
Senior Associate
Sydney | Property 2 – 3 years
This mid-tier national firm has an opening for a sharp and ambitious junior property lawyer. You will work with an expert in this field and gain experience working on a range of commercial property matters including property developments, subdivisions, joint ventures and leases. You will have solid academics and previous property experience from a renowned property team. Your enthusiasm, energy and hard work will be rewarded. Ref: SYD/4426/GG
2 – 4 years +
Melbourne | Finance
Senior Associate/Special Counsel 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/AM
Sydney | Projects
Sydney | Corporate/Commercial
Brisbane | Commercial Litigation
Our client is a highly regarded national firm with an outstanding reputation for its people focused culture and first rate legal services. The Construction and projects group is currently working on some of Australia’s largest major construction and infrastructure projects including PPPs and cross boarder deals. They are seeking a senior associate level lawyer with experience in construction, ideally a mix of front and back end. Ref: SYD/4294/AM
This well respected mid tier firm seeks an experienced lawyer to join their collegiate and supportive team. You will possess excellent drafting skills and have previous experience working on shareholders’ documents, sales and purchases, joint ventures and commercial contracts. You must have full knowledge of the Corporations Act and have the ability to assist with the business development of the practice and mentor junior lawyers. Ref: SYD/4426/GG
This well respected Queensland firm has an opening for an experienced and savvy litigator to join this young and dynamic team working on a broad range of commercial dispute matters for a varied client base. You will have full working knowledge of the court procedures, have outstanding communication, advocacy, drafting and technical skills and experience working with contentious insurance cases would be an advantage. Ref: BRI/4407/GG
Senior Associate
4 – 7 years
For a full list of active roles that Dolman is working on throughout the worldwide visit www.dolman.com.au For further information please contact one of our consultants for a confidential discussion: Olivia Harvey, Gail Greener, Ralph Laughton, Daniel Stirling and Alex McIntyre. Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au
2 – 6 years
Contents “[It is] certainly is about life and death in some cases” Australian Lawyers Alliance president Greg Barns talks about the upcoming refugee High Court challenge – page 10
Regulars
12
THIS WEEK: A round-up of the latest legal news IN-DEPTH: As yet another high-profile asylum seeker case comes before the High Court, pro bono assistance is proving to be a crucial part of the process IN-DEPTH: Women are being appointed to the boards of ASX 200 companies at a greater rate than ever before, according to new diversity research. Briana Everett reports
14 PRACTICE PROFILE: Eight
26
years ago the field of animal law did not exist, but in 2011 more and more lawyers are joining the fight against animal cruelty. Briana Everett reports
24
FOLKLAW: The lighter side of the law
CAREER COUNSEL: As nearly 70 per cent of organisations face a skills shortage, half of them are now focusing on improving their employment brand to attract much-needed talent
Features
16 COUNTRY REPORT: When it comes to Singapore, the legal services market is just as hot as the weather – and it’s all thanks to Indonesia. Claire Chaffey discovers why
18
COVER STORY: Only two law firms in the world have listed on a stock exchange, and they are both in Australia. Justin Whealing reports on why they did it, and why more law firms have not followed suit
‘Move On Up’ Curtis Mayfield, 1970
PRIvAtE PRACtICE
SInGAPORE
Perth | Project Finance Partner
Brisbane | Occupational Health & Safety Senior Associate
Singapore | Asset Finance 3-5 Years PQE (E&W)
Top tier firm would like to speak with senior finance lawyers. The firm will consider outstanding senior associate level candidates from either Perth or the eastern states. You will have strong client relationship skills and proven business development ability. Long term growth opportunity.
Leading practice has a newly created opportunity for an OH&S specialist. You will advise on OH&S clauses in construction and project agreements, respond to incidents, litigate and prosecute matters. Your clients will include large corporations in the mining and resources sector.
Singapore is a hub for major asset finance deals. This global firm is seeking an asset finance lawyer with particular experience in aircraft leasing and financing. While this will be the focus of the position you will be exposed to other debt and general financing transactions. Great package.
Sydney | Mergers & Acquisitions Senior Associate
Sydney | Insolvency & Restructuring Senior Associate
Singapore | Project Finance 3-4 Years PQE (E&W)
Superb opportunity to work alongside an established corporate partner. You have solid experience in Chapter 6 transactions from another top tier firm. You will be joining a very busy practice, so the role will best suit an ambitious lawyer with high energy levels. Top of market remuneration.
This is an opportunity to join a preeminent and award winning practitioner and boost his thriving national practice, which is focussed on restructurings and workouts. If you are committed to a career in private practice and want to work on large and demanding matters then this role is for you.
The project finance practice of this premier international firm is seeking Australian qualified senior lawyers or senior associates. Ideally you will have cross-sector projects experience and solid experience in project documentation, including financing documents. Strong academics essential.
Sydney | Private Equity Senior Associate
Sydney | Front-End Construction Senior Associate
Singapore | Leveraged Finance 5-6 Years PQE (E&W)
Private equity has rebounded in Australia. Here is an opportunity to join a young and dynamic partner at this premier firm. Experience across private M&A, managed and leveraged buy-outs, acquisitions and disposals, fund formation and establishment is essential. Great package on offer.
National law firm with major clients in the construction and infrastructure industry is seeking a driven lawyer for this new role. Ideally you will have significant PPP experience and the capacity to work autonomously. Strong business development skills a definite advantage. Great prospects.
This is a rare opportunity for a second or third year Australian senior associate to move on up to Singapore. You will join the burgeoning India practice of this English firm. Experience in transactional finance, especially leveraged and acquisition finance, is essential. Excellent relocation package.
www.gordonsearch.com
Huntly Gordon Edward Gordon
hgordon@gordonsearch.com egordon@gordonsearch.com
GS004 0811
6 10
+61 2 9994 8125 +61 2 9994 8125
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Editor’ Editor’ssNote Note
Editor, Justin Whealing
JOIN THE CONVERSATION Tweet, tweet Get your 140 characters of must-know Tweet, tweet legal news via Get@lawyersweekly your 140 characters of must-know legal news via @lawyersweekly Friendly faces Follow Lawyers Weekly on Facebook at www.facebook. Friendly faces com/lawyersweekly Follow Lawyers Weekly on Facebook at www.facebook. com/lawyersweekly Have your say Do you have something you’d like tosay share? Have your Send anhave email to Do you something editor@lawyersweekly.com.au you’d like to share? or phone (02) 9422 Send an email to 2875. Alternatively, go to editor@lawyersweekly.com.au www.lawyersweekly.com.au or phone (02) 9422 2875. and make a comment online. Alternatively, go to www.lawyersweekly.com.au and make a comment online.
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THIS TIME of year is one of celebration, or commiseration, for many lawyers. STATUS IS IMPORTANT. one the key messages from For promoted partnersThat it is awas time to of pop the champagne the cover story this week on law fi rm incorporation (see 18). bottles, with all those years of hard work paying off in thepage guise of Philip Diviny, a tax partner with Middletons, cited the status a new title, higher charge-out rates and a chance to have a say in from within of and outside the profession the strategy how your fi rmlegal is being run. bestowed upon private practice partners as one of the major reasons law rmsthe have For senior associates looked over, this is thewhy time to fitake been reluctant to change structure. microscope to your career,their andcorporate to take heart. “There is a certainofstatus to being alegal partner that isn’t replicated The globalisation the Australian marketplace has made when you are a senior employee of a listed company,” said Diviny. competition for talent intense. A recent Australian Institute of The status (AIM) that comes with achieving partnership is why law Management survey of large companies, including five fi rms are so eager to trumpet partnership appointments or the large law firms, showed that employees are now more arrival of a signifi cantiflateral hire at the level. emboldened to walk they feel they arepartner not being adequately If law fi rms listed on the stock exchange and moved away rewarded and recognised. from the partnership model, the senior lawyer or principal According to the AIM, voluntary turnover has increased from announcements that per would a listed 10.3 per cent to 12.6 centaccompany in the pastpromotions 12 months. within “For the past company would not have the same resonance. few years, it has really been an employer’s market but that is The importance status recognition can also be seen with changing” said AIMof NSW andand ACT chief executive David Wakely. the continuing debate about the appropriate gender balance on “Many staff that stayed put during the downturn are now on the company boards (see page 12). hunt for new opportunities and bigger pay packets.” Research revealed last week showed women currently make Disgruntled lawyers now have many that options if they are up 17.6 per cent of directors of ASX 50 companies, 16.1 per cent of seeking greener pastures. ASX 100 and 12.7 per cent of ASX 200 companies. While that puts If they wish to remain in private practice, then according to Australia ahead of many advanced economies with regard tostory the Taylor Root manager Matt Harris (see Briana Everett’s cover gender composition of top listed company boards, including the on page 18), partnership at another firm remains a possibility. United Kingdom and Canada, it is still a pitifully “Senior associates who haven’t made partner low this number. year should Mallesons Stephen Jaques partner Meredith Paynter take a look at what else is out there and what other firmswarned that a critical eye should claims that this gender promise,” he said. “Therebe arecast no over guarantees but there are imbalance is starting to be rectifi ed with 29 per cent certainly some firms out there that are much more of ASX 200 board appointments far this yearit being entrepreneurial thanso others when comeswomen. to their progression “I’d be interested to see to what extent the female candidates capabilities.” being boardsofare women who suddenly picking up An appointed increasing to number lawyers are alsoare moving to in-house extra board seats or whether it’s brand new candidates,” she said. roles. It is the fastest growing sector within the legal fraternity, In February this year, Paynter and Mallesons released a report comprising over 20 per cent of the profession. It entices senior that junior surveyed 125 directors 300 organisations. It revealed that and lawyers alike withfrom the prospect of more meaningful 55 per cent of those surveyed believed there was a lack diversity work, less admin and a chance to gain commercial skillsofthat on corporate boards. comes with rubbing shoulders with non-lawyers. Like being many a partner at professions, a law firm, being a board member Of course, other such as journalism, arewith an ASX 200 company carries a degree of gravitas and status filled with ex-lawyers, with a law degree and practical legal from within and outside the boardroom. experience highly regarded in many other sectors. For the corporate culture andpromoted outside the legal profession Lawyers Weekly wishes allwithin the newly lawyers well in to change, it is important that positions of status and importance their new roles. include a wide cross-section of society.
TOP 10 STORIES ONLINE THIS WEEK
1 2 3 4 5 6 7 8 9 10
Linklaters raidsdesperately Aussie firms Blake Dawson seeking Ashurst Corrs from Foster’s cup New finot rm drinking offers new approach It’s iPad or bust Tiers insignifi cant to salaries Juror’s ‘lols’ land her insnubs jail Squire Sanders Minter Ellison partner Females dominate inthe Minters’ The indispensables: rise ofpromotions the non-lawyer Lander Rogers grows partnership by 18% Global fi&rm raids Minters to open in Australia Freehills junior takes out competition High Court freezes Malaysia deportations Gadens boosts partnership byon 11holidays Judge frees crooks and goes Partner leaves Freehills forcoffee Corrscase Mallesons takes plunge in Holding Redlich takes out partner from Russell Kennedy Best lawyers seeking Singapore
NEXT WEEK
Next NEXTweek WEEKLawyers Weekly goes behind the scenes to provide an insider’s perspective whatat it the is like to work on theof big M&A and Lawyers Weekly takeson a look Victorian Charter Human corporate Rights anddeals. what the outcome of the Parliamentary review could mean for human rights across the country.
EDITORIAL BOARD is delighted to have the following ELawyers D industry I Weekly T Oleaders R IA L BOARD on its editorial board Lawyers Weekly is delighted to have the following Andrew leaders on its editorial board Grech
Nick Abrahams industry Partner and Sydney chairman, Nick Abrahams Norton PartnerRose and Sydney chairman, Norton Rose
Managing Andrew director, Grech Slater & Gordon Managing director, Slater & Gordon Will Irving Group general counsel, Telstra Will Irving Corporation Group general counsel, Telstra Corporation
Helen McKenzie Deputy Helen managing McKenzie partner, Deputy Blake Dawson managing partner, Blake Dawson Sharon Cook Managing partner, SharonHenry Cook Davis York Managing partner, Henry Davis York
Joe Catanzariti Partner, Joe Clayton Utz Catanzariti Partner, Clayton Utz Robert Milliner Chief executive partner, Robert Milliner Mallesons Chief executive Stephen partner, Jaques Mallesons Stephen Jaques
David Cowling Partner, Clayton Utz David Cowling Partner, Clayton Utz
Megan Pitt Director, Australian Megan Pitt Government Director, Solicitor Australian Government Solicitor Lucinda Smith Partner, Thomsons Lucinda Smith Lawyers Partner, Thomsons Lawyers
Ewen Crouch Chairman of partners, Allens Ewen Crouch Arthur Robinson Chairman of partners, Allens Arthur Robinson Sue Gilchrist Partner and practice leader Sue Gilchrist (intellectual Partner and property practicegroup), leader Freehills (intellectual property group), Freehills
ABOUT US AEditor: B OJustin U TWhealing US
Deputy Editor: Claire Chaffey Editor: Justin Whealing Senior Journalist: Briana Everett Deputy Editor: Claire Chaffey Journalist: Stephanie Senior Journalist: BrianaQuine Everett Designer: Stephanie Ken McClaren Journalist: Quine DesignDesigner: Manager: Ken Anthony Vandenberg McClaren Senior Online Producer: Rebecca Whalen Design Manager: Anthony Vandenberg Group Manager: KirstenWhalen Wissel SeniorProduction Online Producer: Rebecca Group Sales Manager Adrian Fellowes Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes SUBSCRIBE Senior Account ManagerTODAY Stephen Richards Lawyers Weekly is published weekly and is available by subscription. Please email SUBSCRIBE TODAY subscriptions@lawyersweekly.com.au Lawyers Weekly is published weekly and is All available subscription payments should beemail sent to: by subscription. Please Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067 subscriptions@lawyersweekly.com.au All subscription payments should be sent to: ADVERTISING Locked Bag 2333, Chatswood ENQUIRIES: D/C, Chatswood NSW 2067 Adrian Fellowes sales@lawyersweekly.com.au ADVERTISING ENQUIRIES: (02) 9422 Adrian 2134 (mob) 0407 489 060 Fellowes Vic, SA, WA: Stephen Richards sales@lawyersweekly.com.au (02) 9422 2891 2134 (mob) 0429 0407 305 489 836 060 Stephen Richards EDITORIAL ENQUIRIES: stephen.richards@lexisnexis.com.au Justin Whealing (02) 9422 2891 (mob) 0429 305 836 justin.whealing@lexisnexis.com.au (02) 9422 2832 All mail for the editorial department should be sent to: EDITORIAL ENQUIRIES: Lawyers Weekly, Level 1 Tower 2, Justin Whealing 475 Victoria Ave, Chatswood NSW 2067 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
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SENIOR ASSOCIATE OPPORTUNITIES – AUSTRALIA
Perth | Employment Premier firm with a focus on growth in the employment team. Not just corporate support.
Brisbane | Banking / Finance SA sought by top 3 firm to work alongside two high profile partners. Generalist finance skills.
Sydney | ECM / M&A International firm seeks ECM / Public M&A lawyer. Very busy practice. Good prospects.
Perth | Corporate Energy Premier firm seeking transactional lawyer in energy resources and electricity. National leader.
Melbourne | Employment The leading firm in Employment which is known for excellence. Broad role.
Sydney | Funds No 1 ranked firm known for fast tracking lawyers through to partnership.
Perth | Project Finance International firm with global dominance in finance and projects. Watch this firm grow....or join up!
Melbourne | Project Finance Project finance and projects SA sought. Work can be a mix of PF and gen finance if desired.
Sydney | Construction Front end specialist sought by top 3 firm with leading construction group.
Brisbane | Employment Stand alone employment team where you will be the next in line for partnership.
Melbourne | Corporate Top tier national firm with great people focussed culture seeking to grow at SA level.
Sydney | Professional Support Lawyer International firm seeks Securities lawyer for global professional support role.
To find out more contact: Samantha Cowling email: samantha.cowling@marsdengroup.com, telephone: 02 8014 9053 Greg Plummer email: greg.plummer@marsdengroup.com, telephone: 02 8014 9052 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.
thisweek
The Web
Creature comfort in court The first dog allowed in the witness box in New York has sparked debate over “comfort dogs”. In June this year, Rosie - a golden retriever therapy dog was allowed in a New York courtroom to comfort a 15-yearold girl testifying against her father for years of sexual abuse. As reported by The New York Times, the defence team for the 36-year-old father Victor Tohom - who was convicted and sentenced to 25 years to life - is calling for an appeal on the grounds that the dog may have inspired extra sympathy from the jury because of her “cuteness” and natural ability to attract empathy. NSW prosecutors and defenders can work past 70 The NSW Government has raised the compulsory retirement age for public prosecutors and defenders from 65 to 72. “A large number of people in the community are still very active in their mid-sixties and it would be a waste of skills, experience and talent to force some of our most experienced prosecutors and public defenders to retire at 65,” Law Society of NSW president Stuart Westgarth said. The compulsory retirement age for judges in NSW is also 72. ALA busts holes in new disability scheme The Australian Lawyers Alliance (ALA) has spotlighted “holes” in the proposed National Disability Insurance Scheme (NDIS), released on10 August. The ALA raised major concerns over how the proposed NDIS would fit within the mental health sector (as the NDIS does not cater for psychological disabilities), and how communication gaps on service access and a lack of provision for reviewable decisions would affect individuals. The final Productivity Commission report said the NDIS would cover the entire cost of care and support for about 410,000 significantly and permanently disabled Australians.
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CFO investigated over missing Minters’ money THE FORMER chief financial officer (CFO) of Minter Ellison in Adelaide is under police investigation after the firm discovered that monies held in personal partner funds had been misappropriated. Minter Ellison informed police on Friday (12 August) that an internal investigation had uncovered that Craig Raneberg, who is understood to have been the firm’s Adelaide office CFO for 10 years, appeared to have fraudulently taken the funds. A source close to the firm told Lawyers Weekly that the figure is believed to be in the millions and that Raneberg has since fled Australia for Asia. “It appears that the senior financial officer has abused his access and knowledge of the firm’s security protocols and partners’ personal information,” said managing partner Nigel McBride in a statement. “The firm’s trust account is a separate account and is independently audited by a leading global
accounting firm. In light of the evidence uncovered, Minter Ellison instructed the accounting firm to again audit the clients’ trust account. Those auditors have confirmed, after completing their examination, that there is no evidence that the trust account has been tampered with.” McBride said that clients had not been affected, nor the underlying profitability of the firm or its ongoing operations. “The partners are the only people affected,” he said. A spokesperson from the firm told Lawyers Weekly that as the matter is in the hands of the police, the firm did not wish to comment further on the matter and would be fully co-operating with any ensuing police investigation. While federated with other offices in the Minter Ellison Legal Group, Minter Ellison SA/NT is a separate partnership and maintains completely separate financial accounts. Raneberg was the CFO for both the Adelaide and Darwin offices.
R E W IND Westfield released an iPhone app that monitors the car parks of its shopping centres to show its customers where the spare parking spots are, and reminding them of where they parked their car. The new app will first be available at the Westfield, Bondi Junction. Foxtel chief executive Kim Williams announced that he does not anticipate that the company’s proposed takeover of Austar United Communications will be rejected by the Australian Competition and Consumer Commission, claiming that the merger will not reduce competition. News Corp announced its plans to buy back shares over the next 12 months to reduce its US$12.7 billion ($12.35 billion) cash balance. According to chief operating officer Chase Carey, the company is aiming to reduce its cash balance to between $US2 billion and US$3 billion over the next two to three years. Unemployment rose to 5.1 per cent in July, up from 4.9 per cent in June, after 22,000 full-time jobs were lost. Economists had expected an extra 10,000 jobs to leave unemployment steady at 4.9 per cent.
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thisweek D E A L o F T HE W E E K
Deal Name: Centro restructures and aggregates funds in $3.1 billion transaction Key Players: Allens Arthur Robinson, Freehills, Clayton Utz, Maddocks, Johnson Winter & Slattery, McMahon Clarke, Arnold Bloch Leibler, Bracewell & Giuliani
Eight law firms have advised on the latest phase of the reconstruction of property group Centro. allens arthur Robinson and Freehills advised the retail investment and management organisation Centro Properties group(CNP) on the proposed restructure and aggregation of Centro Retail group (CER) and certain Centro unlisted funds, to form a new listed australian property fund (aREit). Freehills advised the debt-laden CNP in March after it announced the $US9.4 billion ($9.1 billion) sale of its managed funds of US assets to a fund managed by private equity house Blackstone group. Centro’s former directors have since faced Federal Court action for failing to notice multi-billion dollar errors in the company’s accounts. Under the latest agreement (announced 9 august), CNP will cancel its senior debt in exchange for stapled securities in the new aREit. the deal, valued at $3.1 billion, will occur through an aggregation transaction, pursuant to a creditors’ scheme of arrangement. Partners Simon lynch, Craig henderson and Penny Nikoloudis led the allens team which included lawyers from across the firm’s
Movers & Shakers
Centro’s bad news good news for law firms
M&a, banking, tax, corporate insolvency and restructuring practice. lynch said his team has been working on the “demanding and complex” matter for the past four years. the complexity of the Centro group corporate structure had impacted CNP’s ability to undertake any significant restructuring or recapitalisation to date, said henderson, who added that he was pleased the deal delivered value to the CNP senior lenders. Clayton Utz and Maddocks advised CER, while Johnson winter & Slattery acted for Direct Property Fund and Centro australia wholesale Fund. McMahon Clarke also advised CNP while arnold Bloch leibler and Bracewell & giuliani advised the majority of the CNP senior lender group.
DE AL MAKERS
Garry Besson
Duncan McGrath
Andrew Lumsden
Firm
Allens Arthur Robinson (Rio Tinto), Blake Dawson (Mitsubishi), Gilbert + Tobin (Coal and Allied Industries)
Gilbert +Tobin (Commonwealth Bank of Australia), Freehills, Mallesons Stephen Jaques (Pepper Australia Pty Limited)
Corrs Chambers Westgarth (Yancoal Australia Limited) Mallesons Stephen Jaques (Syntech Resources Pty Ltd)
Deal name
Rio-Mitsubishi bid to buy remaining shares in Coal and Allied Industries (CNA)
G+T advises CBA as financiers Yancoal acquires large on Pepper residential mortgage thermal coal assets in acquisition southern Queensland
Area
Corporate
Banking and Finance
M&A
Value
Bid values CNA at $10.6 billion
$5 billion
Undisclosed
Key players
G + T’s Garry Besson
G + T’s Duncan McGrath
Corrs’ Andrew Lumsden
Corrs poaches Blakes partner Corrs Chambers Westgarth has appointed banking and finance specialist Clare Corke as a partner in its Melbourne office. Corke previously worked as a lawyer at Blake Dawson and as a director in the South African law firm Deneys Reitz in Johannesburg, which now forms part of the Norton Rose Group. DibbsBarker appoints new board members DibbsBarker has appointed Kylie Matthews, a partner in its national property industry group, to its recently restructured board. Matthews joins Terry Killian, Tom Lennox and managing partner Alan McArthur on the board, along with fellow new appointee Scott Guthrie from the firm’s disputes and litigation services group. Freehills appoints Crean to board Freehills partner Mark Crean has been elected as chairman of the firm’s board. Having served on the Freehills board for the last three years, Crean will replace former chairman Robert Nicholson. Crean specialises in the M&A, corporate advisory, foreign investment and private equity fields and joins seven other partners who currently make up the board. Minter ellison poaches from Herbert geer Minter Ellison has appointed leading finance partner Peter Kay to its Melbourne practice. Kay specialises in acquisition and leveraged finance, construction finance and mezzanine lending. A partner with Herbert Geer for six years, Kay was also a senior associate with Mallesons Stephen Jaques and spent three years in London with global firms White & Case and Weil, Gotshal & Manges.
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lawyer assists Palm Islanders in riot case Sydney lawyer Stewart Levitt visited the Indigenous community on Palm Island on 11 August to discuss options for resolving a racial discrimination complaint against the Queensland Government. The complaint was brought by convicted Palm Island rioter and former councillor Lex Wotton in December 2010 on behalf of island residents seeking compensation for alleged discriminatory investigation and law enforcement by police following the 2004 riots. Levitt, the principal of Levitt Robinson Solicitors, sought feedback from the community on a proposal for “moderate resolution and practical outcomes”, including the establishment of Indigenous ombudsmen in Queensland. The feedback will be taken to the Australian Human Rights Commission and put to the Queensland Government. “We should be having Indigenous ombudsmen with regional subombudsmen throughout Queensland and areas where there is a substantial presence of Indigenous people ... so that Indigenous people in custody know their rights and the police respect those rights,” Levitt told Lawyers Weekly. The ombudsmen, Levitt said, should be nominated by the community and accepted by the Government as being appropriate for the job. Levitt, along with Aboriginal activist and Palm Island resident Gracelyn Smallwood, will facilitate community dialogue around the proposal. In May this year, the Australian Human Rights Commission concluded that the Queensland Government had a case to answer in relation to the discrimination complaint, namely that it failed to provide services to Palm Islanders on an equal footing to services provided to other Queenslanders.
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Blake Dawson desperately seeking Ashurst Blake dawson is becoming increasingly eager to formalise a merger with global firm ashurst as speculation about its impending arrival in australia intensifies. sources close to the firm told Lawyers Weekly that Blake dawson is hoping to secure a tie-up with the UK giant as soon as possible. However, conjecture exists as to whether ashurst will opt to merge with Blake dawson or instead adopt a strategy more in line with allen & Overy australia, which saw the firm cherry pick partners and practice groups from Clayton Utz and start out on its own.
This speculation is no doubt fuelled by ashurst’s history, which shows that growth across Europe, the Usa and the asia-Pacific has been largely organic rather than through merger or acquisition. ashurst has only ever acquired one firm, which was sweden’s aJB Bergh advokatbyrå aB in 2007. The Lawyer has previously reported that ashurst partners are set to vote on a tie-up in early september and that there are certain factions within the firm that are not happy about the prospect of a merger. Blake dawson declined to comment when contacted by Lawyers Weekly.
Minter ellison partner snubs squire sanders Only days after the announcement that global firm squire sanders will be establishing a Perth office with 15 Minter Ellison partners, one of those partners has announced her decision to join a boutique firm instead. Insurance and corporate risk partner deborah Templeman, who has been with Minter Ellison for 20 years, will be starting up the Perth office of specialist insurance firm Gilchrist Connell, along with senior associate Justine siavelis, associate Bradley Baker and several lawyers and support staff. Gilchrist Connell managing principal Richard Wood told Lawyers Weekly he has been in talks with Templeman for around three months, following the commencement of discussions between Minter Ellison and squire sanders. Wood said he believes squire sanders decided that an insurance practice was not a part of the firm’s long-term plans. “deborah was looking for a home and had a couple of approaches and found us, and we have been working on it since then,” he said.
speaking to Lawyers Weekly, Templeman said that while she was supportive of the partnership’s move to squire sanders, it did not suit her particular practice. “My clients wouldn’t know squire sanders and wouldn’t see the logic,” she said. “It also enables us to have lower overheads ... The model suits us.” Minter Ellison chief executive partner John Weber said he had no knowledge of Templeman’s move to the boutique firm, and had assumed she would be joining squire sanders. Gilchrist Connell already has offices in sydney and adelaide and, since parting ways with Thomsons lawyers in 2008, has grown its practice by 50 per cent. Templeman and her team plan to join Gilchrist Connell at the same time as the 14 other partners make the move to squire sanders, which is expected to be sometime in september or October. “We want it to be a very smooth transition,” she said.
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thisweek
IndIgenous lawyers must be initiated into the law of their own people if they are to be seen as true lawyers by aboriginal elders, according to a prominent Indigenous political leader. speaking at the sixth national Indigenous legal Conference (nIlC) held in sydney over the weekend, the reverend dr djiniyini gondarra oaM (pictured) said that Indigenous lawyers qualified under the english common law were seen as “juniors” in the eyes of their elders. “we have been victims of being inside someone else’s yard. we have grown up in that yard and we have been educated in that yard … some are educated, some are not. some are backwards, some have achieved something. and a number of you have now become lawyers, magistrates,” he said. “But you are all lawyers of the westminster system of law. you have never qualified to be a lawyer or magistrate of the traditional law. But I am, because I was initiated as a lawyer, initiated as a magistrate, and that is one of the things that you are missing. aboriginal lawyers, you are missing out on your own law.” a yolngu law man and political leader of the dhurili Clan nation in north eastern arnhem land, gondarra challenged Indigenous lawyers to look beyond “white man’s law”. “I challenge you, because I’m a lawyer in my own right,” he said. “learn your own law and you’ll be qualified as a lawyer in the eyes of the aboriginal elders. until you do that, you are a junior. you can be taught about the westminster system of law … and qualify as a lawyer. But I tell you now, brothers and sisters, you are just a junior, just starting in this education … in aboriginal traditional law.” gondarra was the first speaker in the first session of the two-day conference which saw Indigenous lawyers and law students from around the country descend on sydney to discuss issues such as Indigenous governance, Indigenous identity, tips for academic success and transition to work, and tips for effective engagement with Indigenous clients. The first topic to be discussed was the northern Territory Intervention in 2007, and gondarra spoke of how the laws brought into arnhem land as a result of the Intervention conflict with Indigenous laws. “all the first australian peoples have a common foundation of law. This common foundation of law still exists even where some of these peoples may have lost many elements of
US/UK Update
Indigenous lawyers must learn own law
their particular law,” he said. “It does not matter how hard others try to deny and suppress this fact, we still have a common foundation of law that has been practiced in this land since the beginning of human history.” gondarra said that although the yolngu people have assented to their own law, they have never assented to the law of the Federation of australia, or ‘Balanda law’. “some of us know that this new australian law does try to protect and nurture us, but we still find it very strange, unfamiliar and very confusing - and it continues to offend us by opposing, harming and destroying us and our rights established under the original law of this land,” he said. “let’s hope one day that things will change and we will be respected as a real sovereign people. Then other australians will sit down and talk to us about some real solutions to the problems we face. This would begin a new era of hope and prosperity where a true rule of law existed, offering law and justice on an equal footing to all the people of this land.” The conference also celebrated the announcement of this year’s Indigenous legal Professional of the year, which was awarded to nigel Browne, a lawyer with the department of Justice and treasurer of the law society of the northern Territory. “Through his breadth of legal experience and his hard work on a number of Indigenous representative organisations, Mr Browne demonstrates his continuing dedication and commitment to championing the rights of Indigenous people,” said Federal attorneygeneral robert McClelland at the awards ceremony. april long, a student at the university of new south wales, was named the inaugural Indigenous law student of the year.
allens Perth nabs ashurst partner International oil and gas specialist Anthony Patten has left the partnership of Ashurst in London to return to Allens Arthur Robinson in Perth at the end of this year. Patten, whose experience includes senior in-house counsel roles for Shell Gas & Power in London and Dubai, has been an energy partner at Ashurst since 2008 but began his career in Allens’ Melbourne office. Allens Perth practice director Andrew Pascoe said Patten’s appointment showed Perth as a “regional hub for the peak oil and gas work globally”. Ince & Co docks Monaco practice After being granted a licence to practise English law in Monaco this month, international commercial firm Ince & Co opened an office in close proximity to its shipping, international trade, offshore energy and yachting clients, reports The Lawyer. For many years the firm advised clients from other offices in Europe and is now responding to demands for more immediate service, said senior partner James Wilson. global firms score shell makeover deal Ashurst and Mayer Brown are advising on a £300 million ($473.8 million) 50:50 joint venture between Canary Wharf Group and Qatari Diar to redevelop the Shell Centre site on London’s South Bank, reports The Lawyer. Each will contribute £150 million to secure a 999-year lease for the 5.25 acre site, and a new office, retail and residential space will be developed there. The 1950s-built 27-storey tower in the middle of the Shell Centre will be preserved and retained by Shell. riot cases before magistrates The majority of 150 people accused of offences related to last week’s riots in the UK are being remanded in custody, reports The Guardian. As hundreds of cases appear before specially-convened night sittings of magistrates courts, The Guardian analysed that cases heard were being remanded to jail at a rate of 62 per cent, and that those facing court were overwhelmingly young, male and unemployed. Sixteen hundred people have been arrested since the riots began.
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Allens acts on High Court asylum case As yet another high-profile asylum seeker case comes before the High Court, pro bono assistance is proving to be a crucial part of the process. Stephanie Quine reports
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llens Arthur Robinson is acting pro bono for 40 asylum seekers whose case will be heard before the High Court next week. After an injunction preventing the removal from Australia of the first group of asylum seekers under the Malaysian swap deal was extended last week by Justice of the High Court Kenneth Hayne, Allens became involved in the case after being approached by the Refugee and Immigration Legal Centre (RILC). “It’s all been quite urgent,” said Malcolm Stephens, the lead Allens partner acting for the asylum seekers. “We’ve been in contact quite a bit with the RILC. We worked on a High Court case with them last year on a pro bono basis and we’ve worked on many other matters with them over previous years.” It was in fact RILC director and refugee lawyer David Manne who won an injunction on 7 August to delay the transfer of the first asylum seekers expected to leave for Malaysia last Tuesday (9 August). The injunction was then extended to allow the High Court to consider the lawfulness of the Government’s Malaysian policy in a special sitting expected to commence on 22 August. According to Manne, the matter is one of “life or death” for the asylum seekers, as they fear being expelled to face a situation where they would lack protection and face a real risk of harm. Stephens said the case centres on the Government’s reliance on certain powers under the Migration Act and the issue for the High Court is whether or not those powers support the removal of asylum seekers to Malaysia. The president of the Australian Lawyers
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Alliance, Greg Barns, told Lawyers Weekly this was a “very important issue for the High Court to determine”, and agreed with Manne that it “certainly is about life and death in some cases”. “[The injunction] provides an opportunity for there to be debate and for the High Court to scrutinise the way in which the Migration Act has been utilised by successive governments, since Tampa 2001, to provide for so-called offshore solutions to asylum seekers,” said Barns. However, immigration minister Chris Bowen has insisted that the Federal Government has very strong legal grounds to support the policy. “We will vigorously argue in the full bench hearing that this agreement meets not only our domestic legal requirements, but our international obligations. This is an interim injunction, this is not a finding,” said Bowen at a press conference last week.
The fact that Malaysia is not a party to the Refugee Convention, coupled with a lack of precedent on many of the matters to be explored in the case, presents a significant challenge to the Government’s plan to implement the swap with Malaysia. Bowen has insisted that all necessary preparations for the Malaysian swap were continuing and that he was “not going to contemplate losing this case”. “I’m confident that when the full bench considers the case the injunction will be lifted, the transfer will occur and the arrangement will be implemented,” said Bowen, adding that he had anticipated a legal challenge from the outset and has prepared extensively with the Solicitor-General with the ultimate aim of “breaking the business model of the people smugglers”. The current case bears some resemblance
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“It’s all been quite urgent” MalcolM StephenS, partner, allenS arthur robInSon
to one run last year by Stephens and Allens senior associate Alexia Mayer, which involved successfully acting pro bono in the High Court for two Tamil asylum seekers who were processed offshore. “Refugee work has always been an important part of our pro bono practice, but there aren’t too many matters Allens are involved in on a pro bono basis which go to the High Court,” said Stephens, adding that he enjoys working pro bono to help people in “very, very difficult situations”. “The consequences for these people, if they are sent away, can sometimes be terrible, so if we can do what we can to help ensure that they are treated fairly and lawfully, then that’s the thing that can make a real change to their life. “As lawyers, usually all we can do is stop a wrong decision being acted upon, rather than compel the right decision. But often, there’s a new hearing and [asylum seekers] are granted a protection visa and it is very satisfying to know they can live in safety.” lW
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More women joining company boards Women are being appointed to the boards of ASX 200 companies at a greater rate than ever before, according to new diversity research. Briana Everett reports
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pon this month’s release of the Australian Institute of Company Directors’ new book, Tomorrow’s Boards: Creating balanced and effective boards, chief executive officer and managing director John Colvin said while Australia still has a long way to go, the Australian director community is already responding to calls for greater diversity, highlighting the increasing rate of women joining the boards of ASX 200 companies. “Women currently make up 17.6 per cent of directors of ASX 50 companies, 16.1 per cent of ASX 100 and 12.7 per cent of ASX 200. Australia now ranks ahead of many of our international peers in gender composition of top listed company boards, including the United Kingdom, Canada and New Zealand,’ he said. “Chairman and boards consistently tell us that practical programs like our Chairmen’s Mentoring Program have greatly assisted with achieving change in this area. So far this year, women have comprised, on average, 29 per cent of all new appointments to ASX 200 boards, compared to only 5 per cent in 2009, and 8 per cent in 2007 and 2008.” In February, Mallesons Stephen Jaques partner Meredith Paynter and her firm released Directions 2011, which surveyed 125 board directors on a range of issues, including diversity. Paynter belives the recent improvements to the rate of women joining boards is an endorsement of the increased focus on the issue by companies which are attempting to “walk the talk”. “It’s probably a combination of a more focused, conscious approach to select female candidates, but I’d be interested to see to what extent the female candidates being appointed to boards are women who are suddenly picking up extra board seats or whether it’s brand new candidates,” she said. “I think a lot of credit should be given to the Business Council of Australia and the AICD – both of which have forms of mentoring programs which are seeking to proactively engage with women to make them board ready. The flip side to that is having the mentors who are involved in the programs becoming
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It’s about getting board ready. If you don’t have the requisite skills but you’re appointed prematurely then it can smack of tokenism” MeredIth Paynter, Partner, Mallesons stePhen JaqUes
conscious of a new group of people who could well be very good candidates for board seats. It’s about broadening the networks.” AICD’s new book brings together research on the positive correlation between diversity on boards and in management and improved corporate and financial performance. The book’s author, Anthea McIntyre, emphasised the need for Australian boards to embrace diversity but rejected calls for quotas. “International experience has shown that quotas on boards can have unintended consequences and are unlikely to result in any cultural change within companies or any improvement in the number of women in executive positions,” she said, suggesting that boards should instead adopt a range of measures for achieving greater diversity which are tailored to the needs of the company,
including setting relevant targets and reviewing board selection practices. Also rejecting calls for quotas on boards is Paynter. She believes the imposition of a quota system at management level would be more effective. “A quota system within the level of management is at least a basis for ensuring that people within organisations get opportunities to progress and develop the requisite skills and experience such that they are board ready,” she said. “In my mind, the biggest challenge for improved diversity is improving the capability of a broader cross section of people within organisations. It’s about getting board ready. If you don’t have the requisite skills but you’re appointed prematurely then it can smack of tokenism.” lW
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practiceprofile
animal law movement gains momentum Eight years ago the field of animal law did not exist, but in 2011 more and more lawyers are joining the fight against animal cruelty. Briana Everett reports
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he recent controversy surrounding Australia’s live export trade and the cases of animal cruelty exposed by Four Corners earlier this year has led to a renewed interest in animal protection, attracting some much-needed attention to the laws surrounding animal welfare in Australia and overseas. But while the live export debate has dominated news and conversations across Australia following the Government’s decision in June to temporarily ban the live export of cattle, the issue represents just the tip of the iceberg when it comes to animal cruelty issues currently being tackled by those within the animal protection area. According to Brian Sherman, the co-founder and managing director of animal protection institute Voiceless, although the live export of animals is no doubt cruel, factory farming is responsible for the “largest and most hidden animal abuses” in Australia. “We [Voiceless] focus on two areas – factory farming and the kangaroo industry,” Sherman explained at a recent seminar at the New South Wales Law Society, which formed part of the 2011 Voiceless Lecture Series. “Factory farming causes the most suffering to the largest number of animals in Australia. Some 480 million ‘sentient beings’ are locked in sheds or cages, barely big enough to fit their bodies. They’re deprived of personal space. Hundreds of millions of emotionally complex, intelligent beings, like pigs and chickens, are effectively locked away. They never see the sun, feel the earth under their feet, nurture their young, build a nest, forage for food or socialise, as nature intended.” At the seminar, Sherman addressed an audience of academics, law students and lawyers who form part of the expanding animal law faction – an area which was described by then president of the Australian Law Reform Commission, professor David Weisbrot, as the
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next social justice movement. Evidence of this momentum, as noted by Sherman, is the increasing number of animal law programs being offered by Australian universities. Nine Australian law schools now offer an animal law program, including Australian National University, Griffith University and the University of Sydney, with a tenth law school – at the University of Technology Sydney – to offer its first animal law course from 2012. Legal counsel for Voiceless Ruth Hatten – a former DLA Phillips Fox (now DLA Piper) construction lawyer – first got involved in animal law around four years ago and says while the increased number of animal law programs on offer at Australian law schools is a positive sign, she hopes this number increases. “It’s really good but I’m hoping to get some more [universities] on board … The hardest thing, and really the first hurdle, is to find someone who’s interested in teaching the subject. We probably get an email every week from students or people who are already practising asking, ‘Where can I study animal law?’ So there’s definitely interest,” says Hatten, noting the growth of animal law in the United States, where it is taught in over 110 law schools. In addition to the growth of animal law courses, Hatten adds that more and more animal law groups, such as the NSW Law Society Animal Law Committee and the Barristers of Animal Welfare Panel, are popping up across the country, indicative of
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pra cticeprofile It’s grown as a practice area but there’s only one firm in the country that physically practices in animal law and that’s TLG Lawyers. There are not many” RuTh haTTen, LeGaL counseL, VoIceLess
that down the track her practice will hopefully have the capacity to take on graduate lawyers in the animal law area. “We’re probably only doing about 10 per cent animal law. The idea is that we eventually want to be doing 50-50. We’ve got five solicitors doing full-time family law but I definitely want at least another two by say, the end of two years’ time, on purely animal law.”
an uphill battle
People need animal lawyers. We had Dusty the dog – the one that got put down because of the hendra virus – [as a client]” TRacy-Lynne Geyson, PRIncIPaL, TLG LaWyeRs
the increasing dedication to the promotion of animal welfare within the legal industry.
For love, not money While the popularity of the study of animal law rapidly grows, animal law as a practice area is still relatively small. Its limitations include the lack of paid work compared to the pro bono work available in the animal cruelty area. “It’s grown as a practice area but there’s only one firm in the country that physically practices in animal law and that’s TLG Lawyers. There are not many, but there are rumours of another firm … It’s good and shows that it has generated from practising lawyers who are interested in the area,” says Hatten. “You’ve got the growth of animal law groups in the country and the pro bono opportunities if you work in some of the bigger firms. When you see the growth of that [work] within the bigger firms, it’s encouraging, and it’s also a great opportunity for lawyers who work in those firms to start doing the work when there’s a limited number of animal lawyer jobs out there.” While Hatten advises lawyers wanting to break into the animal law area to “skill-up, go to the seminars, go to the workshops and read the text books and articles”, opportunities are seemingly limited. “Tracy-Lynne Geysen is actually practising in the area, albeit [under] the restriction to companion animals which is understandable,” says Hatten. “I think that’s where the trend is going to start because at least you’ve got paying clients.”
While paid work in the area is limited, there is a substantial amount of pro bono work stemming from organisations such as BLEATS – Brisbane Lawyers Educating & Advocating for Tougher Sentences – which was founded by Geyson in 2007 and focuses on Queensland’s Animal Care and Protection Act 2001. Geysen, principal of TLG Lawyers, is one of the few lawyers in Australia practising as an animal lawyer, having opened her own family and animal law practice in August 2009. “We’re so busy with our family matters … Because we haven’t had a chance to market [our animal law practice] it hasn’t grown as fast as I would have liked, but having said that, it’s grown faster than I expected given that it is so new to Australia,” says Geysen, adding that it was a Voiceless seminar in May 2009 which motivated her to set up an animal law practice. “People need animal lawyers. We had Dusty the dog – the one that got put down because of the Hendra virus – [as a client]. They came to us through somebody who knew somebody. So the fact that somebody has heard of us suggests we should be doing stuff out there and there’s definitely a need for it.” Not surprisingly, as one of the few firms that practices animal law, Geyson receives a large number of applications for jobs – almost every week – however, her animal law practice is still in its early days, dominated by work in relation to Queensland’s dangerous dog legislation. “So many people want to practice in animal law and people just love animals. There are lots of people that want to do it,” she says, adding
While Hatten and Geyson love what they do, they both admit it’s a particularly challenging area of law. “I’m spending my job now doing something that is so close to my heart, which I haven’t been able to do on a Monday to Friday basis ever in my career as a lawyer, or at all,” says Hatten, who has worked in private practice at mid and top-tier firms, as well as for the government . “It’s fantastic to be able to dedicate my professional time to something I’m truly passionate about. On the downside, it can be quite hard at times because it is very stressful. I find it more stressful than my time as a lawyer in private practice because of the emotional connection.” Confronting the government and large industry groups and writing submissions for reform is a regular part of Hatten’s role as legal counsel for Voiceless, but as she points out, achieving change can be a very long, uphill battle. “There are so many issues. You have the conflict between industry and government, you’ve got inadequate regulations, you’ve got a lack of transparency … there are a lot of issues,” she says. Some of those issues, for which Voiceless has provided submissions to the Government, include the Greens’ private members bill to ban live exports and the Independents’ bill to phase out live exports – to be debated in Parliament this week (18 August) – as well as the commercial harvest and management of kangaroos and the Greens’ Truth in Labelling [Free-range Eggs] Bill 2011, which was introduced this month. “This gives a legal definition for freerange egg production systems. It has been introduced as a means of protecting free-range farmers who are competing with cage-egg farmers. It will enforce labelling requirements for free range, barn laid and cage eggs,” explains Hatten. “I think it’s definitely got more chance of being passed than the live export bills because free-range eggs have been an issue for a very long time. This bill is actually in support of free-range farmers, who should be supported.” LW
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sizzling singapore When it comes to Singapore, the legal services market is just as hot as the weather – and it’s all thanks to Indonesia. Claire Chaffey discovers why
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hen Rod Howell moved his young family from Connecticut in the USA to Singapore about 12 months ago to take up a role with Allens Arthur Robinson, his kids insisted on bringing their toboggans with them. Used to the freezing temperatures and deep snow which covers the US city for a good part of the year, they could not quite imagine what lay in wait. Needless to say, with temperatures in the South-East Asian country hovering around 30 degrees Celsius for most of the year, the toboggans are slowly gathering dust in Howell’s garage, and the kids have had to find other ways of having fun. Like the endless summer which is Singapore’s bane or a blessing, depending on your preference, the legal services market is sweltering, and Australian firms are enjoying some of their busiest periods in recent history. “July was probably one of our busiest Julys ever,” says Singapore-based Freehills partner Simon Taskunas. While there are several reasons for this, arguably the biggest is the energy and resources boom being experienced by one of Singapore’s most populous neighbours: Indonesia. “Even in the [recent] economic downturn, we have seen a pick up in the interest in and instructions for Indonesian investment,” says Taskunas. Howell, too, says client interest in investing in Indonesia is keeping the legal services market in Singapore extremely buoyant and cementing its status as ‘the place to be’ for law firms across Australia and the world. “I don’t think there has ever been a time where the macro-economic and geo-political environment has meant that Australia is so intrinsically linked with the Asian economy,” he says. “In broad terms, you still have a need for resources in the increasingly industrialised north: China, Korea, Japan and India. In the south, you have got huge piles of reserves in the likes of Australia and Indonesia.”
Moving on in As a general rule, foreign law firms operating in Singapore are relatively restricted when it
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“Even in the [recent] economic downturn, we have seen a pick up in the interest in and instructions for Indonesian investment” SImon TaSkunaS, parTnEr, FrEEhIllS
comes to how they practice. Only six foreign law firms hold licenses which allow them to practice local law (none of which are Australian), and the top-tier Singaporean firms have a very strong hold on the market. Despite these restrictions, firms are still bustling to get a foothold in the lucrative market, and making an impact is not easy. “Hong Kong and Singapore are probably the most competitive legal markets anywhere in the world,” says Howell. “You have everybody. You have all the magic circle firms, the New York firms, some very strong local firms and the Australian firms. You are now also seeing second-tier UK and US firms coming in.” The reason for the glut of firms wishing to operate in such a restrictive environment is, as Howell puts it, because most firms in the region are there to fry much bigger fish than are available in Singapore alone. “Whilst there are impediments to becoming a fully-fledged local firm, it is fair to say that most of the international firms here are playing a bigger game,” he says. “Most of the stuff we do is not Singapore law-based, so it is not really affected by any of those [local] arrangements.”
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countryreport
“I don’t think there has ever been a time where the macro-economic and geo-political environment has meant that Australia is so intrinsically linked with the Asian economy” Rod Howell, pARtneR, Allens ARtHuR RobInson
Cross-border deals are the name of the game, with Singapore being a hub for deals in China, Japan, Vietnam and India, to name a few. However, the Singaporean Government recently indicated that liberalisation of the local legal services market is just around the corner – and that is certainly something many foreign firms have been waiting for. “There has been an increase in the number of foreign law firms in recent years, and that has happened partly in response to the Singaporean Government’s indication that it wishes to liberalise the practice laws in Singapore to allow more foreign law firms to practice,” says Taskunas. “Firms are establishing themselves here in readiness for [that change]. That is in response to what our clients are doing and what they are saying, which is that they are seeing Asia as a growth area.” While details as to the proposed changes are sketchy, the Government has said it is likely to make a decision by the end of this year. “It could be that there will be a further number of licenses issued ... or it might mean that they’ll throw open the doors and allow all
foreign law firms to practice local law,” says Taskunas. “If I had to bet on it, I’d say it is more likely to be the former.”
treading in carefully While the ability of Australian firms to fully harness the value of its proximity to Asia has been criticised in the past, Howell says they are now beginning to make the most of the wealth of opportunities that can be found there. He adds, though, that growth and strategy in the region must be carefully considered. “I think there is always room for more competition … so certainly there is room for more Australian firms,” he says. “The problem for Australia is that I don’t think all firms necessarily understand or appreciate the opportunities that exist here, and it’s not easy to replicate a regional network. I don’t think we could survive in Singapore without having a regional network around us.” Singapore-based Blake Dawson partner Bill Reid agrees with Howell, and says that while growth in Singapore is certainly on the agenda, it has to be carefully executed. “There is a need for cautious growth here, and [it’s about] finding niche areas where we can operate on a world stage, in a very competitive market, and do so effectively,” he says. “To grow willy nilly in this market is unlikely to be a profitable strategy.”
an endless summer One of the results of Singapore’s continued success as a regional hub is that more and more Australian lawyers want to be a part of the action. “We are seeing a lot more evidence of people in Australia seeing Asia as an option for careers,” says Howell. “The fact of the matter is that the legal market in Australia is top-heavy with equity, and the financial services market is stagnant – it’s not really growing. So it is difficult for young associates coming through to find a market for themselves, whereas there are plenty of opportunities off-shore.” According to Howell, past skepticism about the value of working in Asia is being replaced by a general view that Asia offers not only a good career move, but also a great place to spend a few years.
“We [are seeing] Australian lawyers who have been in the UK - and that is the traditional route – saying, ‘There is a lot going on in Asia and I don’t really want to go back to Australia just yet. Asia is where it is all happening’,” he says. “There is an opportunity here, so we are seeing quite a steady flow of people.” Reid says that confidence amongst both associates and partners in relation to working in the region is growing, and more lawyers are putting up their hands when jobs arise. “[Australian firms] are getting more successful in Asia. We are bringing better partners and better people into the practice and our confidence is growing,” he says. “I see a growing confidence among our really good young lawyers to come up here, and a growing confidence amongst our partners to be involved.” And by the sounds of things, life in Singapore could be far worse. “Singapore is a very easy place to live, an easy place to settle into,” says Reid. “It’s ‘Asia light’, as many people say: easy to assimilate culturally and good for families. It’s a really great place to live.” lw
“I see a growing confidence among our really good young lawyers to come up here, and a growing confidence amongst our partners to be involved” bIll ReId, pARtneR, blAke dAwson
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I have no doubt that aspiring and existing partners would prefer to be recognised by the title ‘partner’ which, if you are in an incorporated business, you can’t” RobeRt MIllIneR, chIef executIve paRtneR, Mallesons stephen Jaques
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scared of going public I Only two law firms in the world have listed on a stock exchange, and they are both based in Australia. Justin Whealing examines why they did it and why the majority of law firms are so reluctant to move away from the partnership model
n May 2007 Slater & Gordon became the first law firm in the world to list on the stock exchange, generating much global media attention. Andrew Grech, the current managing director of Slaters, was also the firm’s head when it became a public company four years ago. He said that back then, which was in the midst of the pre-GFC boom times, listing was seen as the best way to fund its growth strategy. “We had a set of objectives as an organisation, which were mainly centred on trying to put ourselves where we could create the best possible opportunities for our people and our clients,” he says down the phone line from his Melbourne base. “We soon identified that we needed capital to execute that expansion strategy, and that listing turned out to be the best option for us.”
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It certainly has. In 2007, the firm had 20 offices and around 400 staff. It now has around 50 offices and service centre locations, with its headcount having more than doubled to close to 1000 staff members. Much of this growth has been achieved by raising additional funds through the share market in order to acquire other firms. Last year, Slaters took over the Queenslandbased personal injury litigation firm Trilby Misso for $57 million, of which $40 million was raised through an additional capital raising offer. Slaters’ $25 million acquisition of Keddies later in 2010 was also partly funded in shares. “I have no doubt that listing has been pivotal in our ability to execute our growth strategy,” says Grech “It was primarily the access to capital, both debt and equity, and our status as a listed organisation, that enabled us to come through the GFC relatively unscathed.” Grech added that the “governance structures, disciplines and processes required of a public company… gave assurance to banks that we are a credit worthy organisation”. Of course, while the reporting requirements of listed companies mean that much of its financial information is a lot more transparent and accessible to the public when compared to law firms that are still structured along the lines of a traditional partnership model, the downside is that by being a listed company, you are left open to the whims of the share market. August has been a particularly volatile month on world share markets, with Slaters’ share price dropping from $2.37 at the start of August to $2.16 when Lawyers Weekly went to press on Friday 12 August. Grech says that by having strong internal processes in place, publicly listed companies can cope effectively when the share market turns south. He also says that given that Slaters is a plaintiff law firm, its source of work and revenue is not as dependant on fluctuations in the business cycle as many private practice law firms. “The main thing we focus on in times of volatility is to remain focused on the execution of our strategy effectively,” says Grech. “Our business in itself is pretty well insulated, because we don’t operate in areas of practice which are cyclical to any great degree.” While Slaters might be able to safeguard itself to some degree from the perils of the financial markets by virtue of its client base, when the share market does become volatile, it makes it harder for any listed entities to go back to the market to raise further funds. “It is certainly true that, generally speaking, as a listed organisation, you don’t want to be raising
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It is certainly true that generally speaking as a listed organisation, you don’t want to be raising capital in the share market when your share price is unrealistically low” Andrew Grech, mAnAGInG dIrector, SlAter & Gordon
capital in the share market when your share price is unrealistically low,” says Grech. “We have been fortunate during the GFC and the general requalification of the market that we have been well supported by our institutional shareholders, our internal shareholders and our retail shareholders, so that we have not had the wild fluctuations [in share price or financial performance] that perhaps other organisations have had.” Following quickly on the heels of Slater & Gordon in listing on the stock exchange was Integrated Legal Holdings Limited (ILH) in August 2007. ILH has a unique structure, in that it has four law firms – Argyle Lawyers, Civic Legal, Law Central and Talbot Olivier Lawyers – under its umbrella. Argyle Lawyers managing principal Peter Bobbin says that all four member of ILH still operate independently, but by being part of a listed entity, they have the opportunity to raise funds for
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future growth and to offer employees ownership of the business, which has become a key part of the firm’s recruitment and retention strategy. This month, Argyle purchased the Sydney firm PLN Lawyers in a deal that was funded by ILH. “We have begun a three-year vesting share plan, where over performers can get rewarded with shares,” says Bobbin. “The nature of the shares vest, so if we can have an environment that is intellectually stimulating, collegiate, friendly, and with employees knowing that if they leave before their shares have become fully vested, then our ability to not merely attract but to also retain talent becomes vitally important.”
Howdy partner Given the high-profile success and expansion of Slater & Gordon in particular, why haven’t more law firms followed the incorporation and listing path? Surprisingly, a major reason for the reluctance of law firms to change their structures is to do with the cachet that comes of being able to call yourself a law firm partner. At Slater & Gordon, for instance, senior lawyers could be referred to under a myriad of titles – such as principal lawyers or practice group leader, while at ILH, they have the title of principals. “Law firms are a little bit idiosyncratic in the sense that many partners would see the status of being a partner as being very important,” says Middletons partner Philip Diviny, when asked why more law firms have not listed on the ASX. Diviny, a well-regarded tax expert, nominated what he sees as these “psychological and historical factors” above tax concerns in explaining the reticence of Australian law firms to embrace a public company structure. “There is a certain status to being a partner that isn’t replicated when you are a senior employee of a listed company. People work extremely long hours in order to try to achieve partnership, so if you put yourself into a structure where partnership will never be achieved, maybe it doesn’t justify, in the employee’s mind, the hard work that is necessary with being a junior lawyer in private practice.” Mallesons chief executive Robert Milliner agrees that any move to go down the incorporation route where senior lawyers could not be referred to as partner “could potentially change internal motivations”. However, he thinks that the best way to get the best of both worlds would be to follow what is common practice in the USA, where law firms can be structured under the lines of a limited liability partnership (LLP). This is very similar to a form of incorporation, where law firms that adopt this model have specific tax and documentation requirements, but typically, as is currently
The benefits of listing 2010/11: ILH reported an operating revenue figure of $13.6 million and net profit after tax of $755,906, up 96% from the previous period, with earning per share up 54%
2010/11: Slater & Gordon posted $84.4 million in revenue and net profit of $13.3
million for the same period, up 14.5%. Following the acquisition of Keddies, Slaters is on track to achieve its full-year revenue target of $170 million
Share price history ILH
$0.32
$0.28 $0.24
$0.12 $0.16
$0.12
2008
2009
2010
2011
2009
2010
2011
SLater & Gordon
$2.40 $2.30 $2.20 $2.10 $2.00 $1.90 $1.80 $1.70 $1.60 $1.50 $1.40 $1.30 2008
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“Long Small quote” XXXXXXXXX
While you can incorporate as an incorporation, there are significant tax and stamp duty implications, and it is really those stamp and tax duty implications that have stopped firms from doing that”
There is a certain status to being a partner that isn’t replicated when you are a senior employee of a listed company” phiLip Diviny, paRTneR, MiDDLeTons
RobeRT MiLLineR, chief execuTive paRTneR, MaLLesons sTephen Jaques
regulated in the USA and United Kingdom, can’t list on the stock exchange. “I think if there was demonstrable benefits to it, then we would prefer an LLP structure where you could still have people called partners rather than directors and so on,” says Milliner. “I think there is a certain way in which society and the profession recognise these things. I have no doubt that aspiring and existing partners would prefer to be recognised by the title ‘partner’ which, if you are in an incorporated business, you can’t.”
Taxing times While the philosophical debate about the internal titles in law firms has played a part in the reluctance of Australian firms to embrace incorporation and to list on the stock exchange, the biggest barrier to law firms wanting to list is money. In particular, the type of taxes that are levied on listed entities. Milliner readily concedes that corporate models have many possible advantages for law firms. These include the management of risk and liability, the chance to offer different entitlements and rewards to staff members, the reduced personal liability provisions that come with being a staff member as opposed to a partner, and the chance to generate capital from different sources.
“The reason why all large law firms haven’t gone down that route - and we identified this in feedback to the Attorney-General’s Department in the taskforce on National Legal Profession Reform, is that firstly, we don’t have the right model for incorporation in Australia,” says Milliner. “We don’t have a limited liability partnership model which is available to many other firms in common law jurisdictions. And while you can incorporate as an incorporation, there are significant tax and stamp duty implications, and it is really those stamp and tax duty implications that have stopped firms from doing that.” Diviny says the tax and reporting burdens are quite onerous for any private practice law firm looking to become incorporated. “To move to being incorporated, there are many regulatory and tax steps that need to be negotiated,” he says. “From a tax perspective, I can go from being a no-gooodwill partnership to an incorporated practice, and that is fine. But one of the conditions for being able to do that tax free is that all of the equity holders are in fact individuals practicing in the practice. By definition, once I list on the stock exchange, I am looking to have shareholders that are working outside the practice, and therefore, my concessions are unwound.” Peter Bobbin has a different slant on the
financial and reporting obligations that go with being a listed entity. He says that it is “dumb” to go down the incorporation route for tax reasons, especially with the associated payroll tax costs that will be borne. However, he says it also shouldn’t be seen as the main factor for any law firms looking to list. “My base prime legal area is tax law, and I have always expressed the view that you should never let tax drive a decision. Rather, always make a good decision and then tax-test it,” he says. Bobbin says that since Argyle Lawyers joined ILH, the internal reporting processes and accounting standards within the firm have become more rigorous and transparent, and that is attractive to clients. “The legal ethics and professional standards, duty of confidentiality, duty of utmost discretion, is in fact enhanced,” he says. “It is part of the auditing process to ensure we are adhering to professional standards.” While the philosophical argument might be interesting to debate, in the long term, the decision about whether law firms will want to incorporate and list comes down to money and client perceptions: the basis of most decisions within private practice. LW
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career
counsel
Brand-building to overcome skills shortage As nearly 70 per cent of organisations face a skills shortage, half of them are now focusing on improving their employment brand to attract much-needed talent. According to a 2011 Hays white paper, Bridging the Skills Gap, creating a strong employment brand to attract like-minded candidates aligned to the values of the business is a key strategy currently being adopted by a number of organisations to overcome existing skills shortages. “the epidemic of absent skills is one of the most important issues affecting the labour market today,” says Hays director nick deligiannis. “the skills lacking vary between regions and sectors but the question facing employers and governments remains the same: how do we respond and close the gap?” As organisations attempt to overcome the skills shortage, improving a firm’s brand is becoming
increasingly important – particularly for those firms in Brisbane and Perth. According to the 2011 Mahlab recruitment Survey, organisations in Perth and Brisbane are facing a significant shortage of quality lawyers, leading to a highly competitive market in which employers often compete for the same pool of lawyers. “this high level of competition has led to upward pressure on salaries, particularly amongst lawyers with a highly sought after skill set,” the survey states. “Energy, resources, engineering, construction and infrastructure organisations are often paying at the top end of the Australian market to secure quality lawyers.” to adequately improve an employment brand,
my
Flexible work The number of organisations in Australia employing temporary/contract staff on a regular ongoing basis in 2010, up from 16 per cent in 2009. Of large organisations said they are working on changing their culture in support of flexibility.
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next move:
Kelly Roberts, in-house consultant, Randstad Legal
20 % 46 %
Source: Hays Salary Guide 2010 & Hays Bridging the Skills Gap 2011
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firms need to be consistent, according to Hays. “if you claim to support work/life balance or ongoing development, but do not provide ongoing training, study leave or flexible rosters, the reality of your workplace does not match your promised value,” the report states. in another Hays survey conducted this year, 32 per cent of respondents said the experience of working for their employer was nothing like the company claimed it would be, with just 26 per cent claiming their experience of working for their employer was what they were expecting. “the impact of not being consistent or delivering what your values promised during the recruitment process will be seen in turnover levels.”
Q A
I have found a new job but when I gave notice of my resignation, my manager offered me more money to stay – should I?
Eighty-five per cent of people leave their job within three months of accepting a counter offer from their employer. When initially looking for a new role, you should carefully evaluate your motivation for moving and what you hope to achieve from your new role. It may be that your reasons for moving can be addressed with your manager – without the need to secure a new role. It is essential that you refer back to your original reasons for wanting a new position, whether it’s salary, additional responsibility, better culture, work life balance etc. Handing in your notice is a
nerve-racking and unpleasant experience. After all, you have spent years building a relationship with your manager. When someone resigns what really goes through their boss’s mind? It is not how much they are going to miss you; it is the extra cost and workload associated with losing a team member and having to replace them. In order to prevent you from leaving they will tell you what you want to hear i.e. an immediate pay rise. These ‘promises’ are made without proper planning and budget, so they rarely come to fruition. For example, if you get a pay rise now, will you still be eligible for one in June? You should also consider that once you have handed in your notice, the relationship and trust between you and your manager can be lost and may create an uncomfortable atmosphere and working environment.
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folk
R E A D T H E L AT E S T FOLKLAW ONLINE
law
www.lawyersweekly.com.au/folklaw
TV star goes down in blaze of irony An American actress who shot to fame playing a ruthlessly violent underworld assassin in stellar crime drama The Wire has been nabbed in real life by the very thing she sought to avoid on screen. The Sydney Morning Herald reports that Felicia “Snoop” Pearson last week pleaded guilty to conspiring to distribute heroin after she was caught out by (oh, the irony!) a wiretap in a police probe into drug gangs in the troubled US city of Baltimore. The Wire played out on the Y’ALL FEEL ME? Felicia “Snoop” Pearson on the set ofThe Wire streets of Baltimore and was centered on the police force’s efforts to catch out drug dealers via Usual Suspects” which sought out those wiretaps. suspected of importing heroin from New York Judge Lawrence Fletcher-Hill and marijuana from California to sell on the accepted Snoop’s plea, handing down streets of Baltimore. a seven-year suspended sentence with Snoop was caught on a wiretap conspiring three years of supervised probation. with two others, according to a statement of Fortunately for fans of what is charges, and was also paid to store drugs undoubtedly the best show to come out and money at her apartment. of the US in eons, the plea allows Snoop The latest charges add to what is an to get on with her acting career, which already impressive charge sheet, with Snoop apparently includes two up-coming convicted of second-degree murder at the movies. tender age of 14, for which she served five “I can’t say she would have been found years of an eight-year sentence and was not guilty,” said one of Snoop’s lawyers, freed in 2000. at which point a none-too-happy Snoop Folklaw is beginning to understand interrupted by saying: “I would have been why she played her character so found not guilty!” darn well without a shred of Snoop was one of 64 people charged previous acting experience. under the cunningly-named “Operation Y’all feel me?
You say potato... There are always two sides to every story, and that is certainly true when it comes to how Squire Sanders and Minter Ellison reported the arrival of the global law firm on our shores. Naturally, Squire Sanders was cock-a-hoop with the news. John Paulesen, who will resign as the head of Minters in Perth and is currently the manager partner designate of Squire Sanders in Australia, called the move “a fantastic opportunity for our lawyers and staff to be part of a global platform”.
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Same potato, different angle While Folklaw wasn’t expecting a counter release from Minters along the lines of, “What the hell do you do when 15 partners walk out?” (which was what much of the legal world was thinking), we certainly admired the ability of Minters to attempt to turn a sow’s ear into a silk purse. With the headline, “Minter Ellison to establish its own fully integrated office in Perth”, the firm said the “decision to go our separate ways is the right outcome” and that it will establish its own fully integrated
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office in Perth by October, when Squire Sanders is due to start up (previously, Minters traded in Perth under a licensing agreement). “We wish the new office of Squire Sanders well in its endeavors,” said Minters chief executive partner John Weber to conclude the release. Folklaw is sure he does, in a way that a former spouse might wish their ex-better half well when they hook up with a new suitor.
Puppet throws pizza, injures magician Generation X personal injury lawyers could have had a field day this week with the news that Sooty, the little yellow and black bear of Sooty and Sweep fame, injured an elderly British magician by throwing a pizza at him. Orange News reports that the puppet master behind Sooty has issued an apology to magician Paul Daniels for striking him in the eye with the Italian delicacy. While Folklaw was quite shocked at the news that there is a puppet master involved (we had never really contemplated that Sooty wasn’t actually real), the fact that the TV magician suffered a black eye after the pizza struck him in the face came as an even bigger shock (given that Sooty’s arms are about as long as matchsticks and it appears that he may not even have elbows). Richard Cadell, who operates the puppet, said, “Sooty’s very sorry for what happened. He never intended to knock Paul out, but he hopes Paul enjoyed the pizza. He didn’t know his own strength - but no one can accuse Sooty of having a limp wrist”. Daniels was apparently filming a scene for The Sooty Show with wife and assistant Debbie McGee when the airbornepizza-in-the-eye incident happened. In the first take of the scene, the 73-year-old magician said Sooty had not thrown the pizza hard enough and requested that he give it another go. Obviously taking the constructive criticism on board, Sooty mustered all his puppet strength and hurled the pizza straight into Daniels’ face, with enough power to require that Daniels take a diversion on the way home. “I got pizza in my eye, it stung, so on the way home that evening I called into a local village hospital. I am fine,” said Daniels in a radio interview.
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