LEGAL LEADERS
LIKE A ROLLING STONE
IN DEPTH
PRACTICE PROFILE
THIS WEEK
Global firm picks Perth battleground
The trials of criminal lawyers
New head for Norton Rose
WESTERN FRONT
Philippa still at the top
JUSTICE FOR ALL
FRESH FLOWERS
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Friday 26 August 2011
Print Post Approved 255003/05160
THE VICTORIAN CHARTER Feeble and fragile, or ready to grow?
Build your career with Dolman. In-house Sydney | Construction (front-end)
Sydney | Transport Infrastructure
Perth | Projects
Our client is a leading global infrastructure company which requires a motivated construction lawyer to join its well regarded in-house team. You will advise on a range of engineering services contracts, subcontracts and commercial agreements and provide commercially sensible solutions to a range of construction related issues. A solid grasp of construction contracts, good communication skills and a high degree of commercial acumen is required. Ref: SYD/4362/OH
This leading corporation owns and operates key transport infrastructurein NSW. Due to expansion they are seeking an additional commercial lawyer, preferably with some experience in either construction or transport law. Working closely with a diverse range of internal stakeholders you will deliver a broad range of legal services to the business. Collegiate team and dynamic, open organisational culture with a strong environmental and community focus. Ref: SYD/4430/DS
This is a key role for a senior lawyer to take a lead role on this major, globally recognised 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
5 years +
5 – 8 years +
10 years +
International London | Construction
Tokyo | Commercial Property
Beijing | Projects
London firm is searching for a strong front end construction lawyer with experience gained from a top-tier or highly regarded mid-tier law firm. The London practice advises clients on major projects within the infrastructure, energy, oil and gas and real estate development sectors. The partners are looking for someone with the aptitude and ability to move into international work. Ref: LON/4434/RL
This is a new role with a global firm advising international corporates, developers, lenders and investors on real estate financings involving property acquisitions and restructurings. Strong drafting and analytical skills are important. The ability to speak business level Japanese is helpful but is not a requirement. However, Japanese speakers will have the opportunity to participate in client meetings and negotiations. Ref: TOK/4435/RL
Our client is a leading global firm in the project finance development space. The firm’s China practice advises on complex large scale infrastructure and energy work. A role for a Commonwealth qualified associate who ideally has broad knowledge that includes strong technical ability in drafting and negotiation of off take, concession, supply and marketing agreements in needed. Mandarin is helpful but not essential. Ref: BEI/4264/RL
5 – 7 years
2 – 4 years
3 – 6 years
Private Practice Sydney | Construction
Perth | Construction/Major Projects
Melbourne | Construction Litigation
This large mid-tier firm has a new opportunity for a talented mid-level construction lawyer. You will work on predominantly front-end construction matters for a range of high profile clients. You be exposed to challenging and interesting construction and infrastructure matters and will receive guidance and mentoring from leading lawyers in this field. Plenty of direct client contact and clear career progression opportunities available. Ref: SYD/4288/GG
Join this first rate construction team and be part of an award winning international firm. You will enjoy a mixed role gaining exposure to front end work involving some of Australia’s largest projects, including PPPs, and back end disputes including some International Arbitrations. You’ll work under dynamic partners known for their mentoring and development of talent and act for many household names in the construction industry. Ref: PER/4050/AM
This highly regarded top-tier law firm is seeking a talented construction litigator to join their collegiate team. The successful candidate will have 2-5 years construction litigation or commercial litigation experience gained at a well respected firm, good academics and a committed team player attitude. Top quality work and exceptional career opportunities on offer. Ref: MEL/4431/OH
3 years
3 years +
2 – 5 years
Sydney | Projects Lawyer
Perth | Energy / M&A
Brisbane | Construction
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
Fantastic opportunity to join a premier top-tier firm. We are on the lookout for an M&A lawyer to join our client’s highly regarded Energy & Resources team. The team provides strategic commercial advice on major projects across a broad range of industry sectors including oil and gas, electricity, energy and coal. Great opportunity to further your career in this high-performing sector! Ref: PER/4432/OH
This mid-tier firm is seeking an experienced construction lawyer to work on primarily front end matters. You will have previous experience working on either front or back end from a renowned construction practice. Working with this is a friendly, down to earth and collegiate team environment. You must have excellent interpersonal and technical skills and solid academics. Great opportunity and genuine career progression. Ref: BRI/4107/GG
Senior Associate
4 – 8 years
2 – 5 years
Sydney | Project Finance
Melbourne | Finance and Projects
Brisbane | Construction
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 working knowledge with complex and high level financing transactions and basic revenue requirements. Previous experience mentoring and supervising junior lawyers is essential. Excellent remuneration package on offer and genuine career progression. Ref: SYD/4379/GG
Premier top tier-firm is searching for a banking and finance lawyer with high calibre experience in projects, project finance and structured finance. You will work with first rate partners, have consistent work flow and excellent practice development support. You will work on major projects, cross boarder deals for blue chip clients and mentor junior lawyers. This is a long term opportunity with real prospects for progression. Ref: MEL/4127/AM
This highly regarded national law firm’s practice advises clients on the full range of construction and infrastructure development with a particular focus on major projects representing public and private clients within the transport, water, and resources sectors. To qualify for this role you must be technically savvy, client focused, commercially astute and have excellent interpersonal skills. Strong academics are also considered essential for this position. Ref: BRI/4436/RL
Senior Associate
Senior Lawyer/Senior Associate
For a full list of active roles that Dolman is working on throughout Australia and worldwide visit www.dolman.com.au For further information please contact one of our consultants for a confidential discussion: Gail Greener, Ralph Laughton, Daniel Stirling, Alex McIntyre and Olivia Harvey. Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au
3 – 5 years
Contents
“Most of us don’t see the reasons for doing things differently unless we know there is a problem. Unless there are complaints, people won’t see that there is a problem” Robin Banks, anti-discrimination commissioner of Tasmania – Page 21
regulars
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PRACTICE PROFILE: It is the area of law that gets the most coverage from the media and the glamour treatment from television courtroom dramas. Justin Whealing finds out what criminal lawyers really do with their time
6 10 12 16 24 26
THIS WEEK: A round-up of the latest legal news IN-DEPTH: The latest global law firm to hit our shores bypassed the east coast to open a solitary office in Perth. Justin Whealing speaks to Squire Sanders’ global CEO Jim Maiwurm and local head John Poulsen IN-DEPTH: Having weathered the storm of the global financial crisis, there is significant activity within the Australian aviation sector. But as Briana Everett discovers, considerable change lies ahead LEGAL LEADERS: As a mother of five and a Freehills “lifer”, Philippa Stone has had her hands full over the years. She talks to Stephanie Quine MY NEXT MOVE: Will charity or pro bono work help a lawyer’s career prospects? FOLKLAW: The lighter side of the law
Features
18
COVER STORY: In the debate about whether human rights should have legislative protection, passions run high on both sides. Claire Chaffey examines the heated battle currently taking place as the Victorian Charter of Human Rights and Responsibilities undergoes scrutiny
In-House Counsel 2-6 PAE Market Leading Brand
Melbourne Based Team
Two Commercial Roles
Toyota Australia is a leading manufacturer, distributor and exporter of vehicles, and has been the number one car seller in Australia for the last 8 years. Toyota Australia employs more than 4,700 people and has corporate and dealer representation across Australia.
The ideal candidates will be motivated team players, great communicators with excellent technical, time management and project management skills. You will also be a self-starter, capable of forming strong relationships with the legal team and your business customers.
Working in a friendly team, these broad roles will provide substantial autonomy and independence. You will work closely with the business, and provide advice and assistance in relation to all of the company’s legal matters, including consumer and competition law, contract negotiation, intellectual property protection and employment and industrial law.
These are excellent opportunities to apply your commercial acumen as well as your technical skills in these multifaceted legal roles in a fantastic company. To discuss these roles in confidence please contact our exclusively retained consultant Doron Paluch on 03 8676 0302 or email doron@bplr.com.au. (Any direct or third party applications will be forwarded to Burgess Paluch).
BPL2217
www.bplr.com.au Paul Burgess 0414 687 629 Doron Paluch 0438 004 445 Paul Garth 0434 113 355 Chris Papas 0438 057 161 paul@bplr.com.au
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Editor’sNote Editor’sNote
Editor, Justin Whealing
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THE LAW is inherently conservative. Therefore, it is no surprise to find that many lawyers THIS TIME year isofone celebration, commiseration, for question theofmerits anyofsort of humanor rights act or charter. many lawyers. While the Federal Government has deferred consideration promoted partners is auntil time2014, to popthe thebattle champagne of aFor Federal Human RightsitAct lines in bottles, those yearsover of hard work paying in the guise of Victoriawith haveall been drawn the future of that off state’s Charter aofnew title,Rights higherand charge-out rates and a chance to have a say in Human Responsibilities. theEnacted strategyin of2006, how your firm is being run. danger of being the Charter is in serious For senior associates this isisthe time to takeinthe repealed when a review looked into its over, operation handed down microscope your story career, and18). to take heart. October (seetocover page The globalisation of the Australian legal marketplace has made Robin Banks, the Tasmanian anti-discrimination competition formakes talent eminent intense. A recent Australian Institute of commissioner, sense when she commented Management (AIM) surveyto ofenact large companies, including five on her own state’s struggle a human rights charter, large firms, that employees arewhy nowit’s more sayinglaw “I do haveshowed days where I puzzle over not an easy emboldened walk they feel they are not being one, becauseto the ideaifof fundamental human rightsadequately shouldn’t rewarded recognised. be all that and tough”. According the AIM, voluntary are turnover has increased from In Victoria,towhere the naysayers prominent, the central 10.3 per cent to 12.6 cent in 12 months. “For the past argument against theper Charter is the thatpast Victoria’s current laws few years, it has really been an employer’s market but thatbeen is already offer protection to individuals whose rights have changing” said AIM NSW and ACT chief executive David Wakely. compromised. “Many staff that stayed put during the downturn are now the Essentially, the argument boils down to trotting out theon line, hunt for new opportunities “if it aint broke, don’t fix it”.and bigger pay packets.” Disgruntled lawyers now have many options if they are Lawyers Weekly disagrees. seeking greenerin pastures. The Charter Victoria has already had tangible, practical If they wish to remain in private practice, then according to benefi ts for wronged citizens. Taylor Root manager Harris (seeLaw Briana Everett’s cover story Caroline Counsel, Matt the head of the Institute of Victoria on page 18),when partnership at another firm remains possibility. cites a case the Charter was invoked to placea four “Senior associates haven’t made partner this after year should Indigenous siblings inwho the care of their grandmother they take look at what else into is out there and what other firms homes. wereapreviously placed four separate, non-Indigenous promise,” “There are no is guarantees butcouldn’t there are That is he notsaid. to say the Charter perfect and be certainly improved.some firms out there that are much more entrepreneurial when it comes their progression A prominent than critic,others Sir James Gobbo, thetoformer governor of capabilities.” Victoria, is right in stating that “it is absurd to set up a widelyAn increasing number of lawyers are alsotomoving to in-house phrased Human Rights Charter suggesting the public at large roles. fastestfor growing sector within the legal fraternity, that itItisisa the panacea all ills or unfairness”. comprising 20 per cent of the profession. It entices However,over Lawyers Weekly agrees with Counsel when senior she says it and junior alikestep with prospect of more meaningful would be alawyers retrograde to the repeal the legislation. work, less admin anditaischance gaincommendable commercial skills Despite its faults, a bravetoand piecethat of comes with It rubbing shoulders legislation. is not intended towith be a non-lawyers. “solve all” blanket to cover Ofareas course, many other professions, such as journalism, are over of the legal system where the marginalised fall through fi lled withRather, ex-lawyers, with a law check degreefor and practical legal the gaps. it adds an extra elected policy makers experience highly regarded in many sectors. when they formulate legislation thatother affects Australian citizens. Lawyers allreview the newly promoted lawyers well in It is to beWeekly hopedwishes that the of the Charter recommends their newin roles. it remain place. Then the debate can focus on how it can best be improved.
TOP ONLINE THIS WEEK TOP10 10STORIES STORIES ONLINE THIS WEEK
11 Linklaters raids Aussie firms Minters money CFO investigated over missing 22 Corrs not drinking from Foster’s cup New managing partner for Norton Rose 33 It’s iPad orChannels: bust Changing Lawyers who switched from the top 4 Juror’s ‘lols’ land her in jail tier to television 54 Females Minters’ promotions Leave lawdominate and workinfor Jet Star 65 Lander & Rogers grows partnership by 18% Blake Dawson desperately seeking Ashurst 76 Freehills takes outship competition Freehills junior partner jumps to Allen & Overy 87 Gadens boosts partnership by 11 airline A&O helps launch new Japanese 98 Partner leaves Freehills forallCorrs Squire Sanders to take on comers 10 Holdingappoints Redlich takes from Russell Kennedy 9 Minters enviropartner young gun 10 Friendly Foster’s deal over beers turns hostile
NEXT WEEK
Next NEXTweek WEEKLawyers Weekly goes behind the scenes to provide an insider’s perspective on mainstream what it is likelegal to work on the big M&A Ever considered leaving practice behind to and corporate deals. tackle wine, marine, social media or space law? We look at the perks and difficulties associated with tackling truly niche markets.
EDITORIAL BOARD Lawyers Weekly is delighted to have the following E D industry I T Oleaders RIA Leditorial B Oboard ARD on its Weekly is delighted to have theAndrew following NickLawyers Abrahams Grech Partnerindustry and leaders on its editorial board Managing Sydney chairman, Andrew Slater Nick Abrahams director, Norton Rose Grech Partner and & Gordon Managing Sydney chairman, director, Slater Norton Rose & Gordon Will Irving Helen McKenzie Group general Deputy counsel, Telstra managing Will Irving Helen McKenzie Corporation partner, Group general Deputy Blake Dawson counsel, Telstra managing Corporation partner, Blake Dawson Joe Sharon Cook Catanzariti Managing Partner, partner, Henry Joe Sharon Clayton Utz DavisCook York Catanzariti Managing Partner, partner, Henry Clayton Utz Davis York Robert Milliner Chief executive partner, Robert Milliner Mallesons Chief executive Stephen Jaques partner, Mallesons Stephen Jaques Megan Pitt Director, Australian Megan Pitt Government Director, Solicitor Australian Government Solicitor Lucinda Smith Partner, Thomsons Lucinda Smith Lawyers Partner, Thomsons Lawyers
David Cowling Partner, Clayton Utz David Cowling Partner, Clayton Utz 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 group), practice 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 Quine Senior Journalist: Briana Everett Designer: Ken McClaren Journalist: Stephanie Quine Design Manager: Anthony Vandenberg Designer: Ken McClaren Senior Online Producer: Rebecca Whalen Design Manager: Anthony Vandenberg Group Production Manager: Kirsten Wissel Senior Online Producer: Rebecca Whalen Group Sales Manager Adrian Fellowes Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes SUBSCRIBE TODAY Senior Account Manager 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 subscription payments should be sent to: available by subscription. Please email Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067 subscriptions@lawyersweekly.com.au All subscription payments should be sent to: ADVERTISING ENQUIRIES: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067 Adrian Fellowes sales@lawyersweekly.com.au ADVERTISING ENQUIRIES: (02) 9422 2134 (mob) 0407 489 060 Adrian Fellowes Vic, SA, WA: Stephen Richards sales@lawyersweekly.com.au (02) 9422 2891 (mob) 0429 305 836 (02) 9422 2134 (mob) 0407 489 060 Stephen ENQUIRIES: Richards EDITORIAL stephen.richards@lexisnexis.com.au Justin Whealing (02) 9422 2891 (mob) 0429 305 justin.whealing@lexisnexis.com.au (02)836 9422 2832 All mail for the editorial department should be sent to: EDITORIAL Lawyers Weekly,ENQUIRIES: Level 1 Tower 2, Whealing NSW 2067 475 VictoriaJustin Ave, Chatswood 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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NEW YORK
DUBAI HONG KONG
SINGAPORE
LONDON TOKYO
SYDNEY
WANT TO WORK IN A COOL CITY? WE CAN GET YOU THERE. We are currently working on international roles for lawyers between 1 and 10 years experience in most practice areas as well partner level roles in Sydney. We have close relationships with the Magic and Silver Circle and US firms in all world centres. Our consultants are all lawyers from major firms and are well connected at partner and HR levels. One of our team was the lateral recruitment manager for Clifford Chance in London and another was the HR Director of Baker & McKenzie in Australia before working with Marsden. All of our consultants have at least 5 years recruitment experience. Knowledge and experience counts. Use Marsden for your next move and experience the difference. For a confidential discussion about opportunities specific to you please contact:
Jonathan Walmsley; tel: 02 8014 9050; email: jonathan.walmsley@marsdengroup.com Samantha Cowling; tel: 02 8014 9053 email: samantha.cowling@marsdengroup.com Greg Plummer; tel: 02 8014 9052 email: greg.plummer@marsdengroup.com
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
New pro bono project for detainees A New South Wales-based legal organisation announced the launch of a project designed to assist individuals in immigration detention throughout Australia. The Public Interest Law Clearing House (PILCH) NSW has established the Offshore Asylum Seeker Project which will aim to meet the rapidly expanding demand for legal services following a High Court decision late last year which established that individuals in immigration detention may be entitled to judicial review when refused a protection visa. So far, 73 barristers and 16 law firms have expressed interest in participating in the project. QLS joins disability scheme opposition The Queensland Law Society (QLS) joined a growing number of legal groups which have raised concerns over certain elements of the proposed National Disability Insurance Scheme (NDIS). Welcoming the Productivity Commission’s proposed scheme, the QLS has warned of its potentially negative impact on people’s rights. According to QLS president Bruce Doyle, the NDIS would benefit many people who are born with or develop a disability but currently receive inadequate financial assistance. The Law Council of Australia and the Australian Lawyers Alliance have also voiced their concerns regarding the scheme. ALA links workplace injuries to loss of rights The Australian Lawyers Alliance (ALA) believes that the increasing numbers of workplace injuries in Tasmania are due to an erosion of common law rights. WorkCover Tasmania has released statistics which show there has been a 5 per cent increase in workplace injuries in 2010, with 9721 injuries reported last year as compared to 9672 in 2009. ALA Tasmania president John Green believes that laws in the state have taken away the rights of many injured Tasmanians.
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New managing partner for Norton Rose NORTON ROSE Australia last week announced the appointment of a new managing partner, effective 1 January 2012. Wayne Spanner, who has been with the firm since 2002, will take over from Don Boyd, who will remain as group deputy chief executive of Norton Rose Group. Spanner is currently Australia practice group leader and global practice leader of the firm’s employment and labour practice. He played a key role in the Australian practice’s integration with Norton Rose Group. “Wayne has a strong track record of providing strategic, commercial and managerial advice. He led a strong list of candidates for the role and I look forward to working with him as we move to the next stage of our global development,” said Peter Martyr, group chief executive officer, Norton Rose Group. Boyd said it is “tremendous” for the firm to have someone with the “rare combination of legal and managerial skills needed to drive the Australian practice through an unprecedented time of change in the legal services industry”. “Wayne has ... demonstrated the strategic skills necessary to grow the practice and is well known within the international practice and to the practice’s local and international clients,” said Boyd. Spanner said he is excited about the opportunity to strengthen the firm’s ties with Africa and Canada and further develop in Asia. “I’d like to leave behind a firm which is much
stronger in the Asian and global market; a legacy which sees us partnering with our clients in the regions where they are doing work,” he told Lawyers Weekly. Spanner was made partner in 2000, practice group leader in 2008 and global practice leader in 2011. He holds a Masters degree from Oxford University and has more than 20 years of experience as a lawyer in South Africa, the United Kingdom and Australia. Spanner’s appointment was endorsed by the global executive committee and overwhelmingly supported by the Australian partners.
R E W IND BHP Billiton’s $US15.1 billion acquisition of oil and natural gas company Petrohawk Energy was finalised, constituting BHP Billiton’s biggest transaction since the merger between Australia-based BHP and London-based Billiton in 2001. Former Guantanamo Bay detainee David Hicks made a submission to the United Nations Human Rights Committee in the hope of clearing his name and getting compensation. Hicks is seeking an apology from Australia for upholding and enforcing what he argues was an unlawful charge and penalty. Having received approval from its board, BlueScope Steel announced a major restructure of its Australian operations, involving the loss of 1000 jobs with 800 at Port Kembla (NSW) and 200 at Western Port (Victoria). Libyan rebels launched a final assault on the country’s capital, reaching the centre of Tripoli to capture Muammar Gaddafi’s son, Saif al-Islam. His capture was confirmed by the International Criminal Court and other reports suggested another son, Mohammed al-Gaddafi, also surrendered. According to a Libyan Government spokesperson, 1300 people were killed during the violence.
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thisweek D E A L O f T HE W E E k
Deal Name: PPP to construct water treatment plant at Mundaring Weir, WA Key Players: Blake Dawson; Gilbert + Tobin
Gilbert + tobin and blake Dawson have acted in a $400 million public private partnership (PPP) in Western Australia. the PPP is for the design, construction, operation and maintenance of a 160ml/ day water treatment plant (WtP) situated at Mundaring Weir, an hour east of Perth. the WtP will upgrade the Mundaring Weir which supplies water to over 100,000 people from Mundaring to Kalgoorlie. G+t advised the lenders, bank of tokyo Mitsubishi, bbVA, bnP Paribas and Westlb, in what is the first waterinfrastructure PPP undertaken in WA. banking and finance partner ros o’Mally led the G+t team, supported by lawyers Katherine best, Claire Poli and Jai Singh. the procuring body was the state’s Water Corporation, a body corporate established by the Water Corporation Act 1995 (WA). Completed in 1902, the Mundaring Weir has historically been the main source of water for the Goldfields and Agricultural Water Supply Scheme, but parts of the facility are still more than 100 years old and require upgrading in order to meet increasing water demands and current Australian drinking water guidelines. Given the significance of Mundaring Weir to WA as a tourist destination, Water Corporation liaised with key stakeholders and the community to ensure the PPP was planned and managed well. blake Dawson acted for the sponsors; a consortium of Acciona Agua Australia
Movers & Shakers
g+t & Blakes float PPP
Pty ltd, trilitY Group Pty ltd and rbS Group (Australia) Pty ltd. Partner Simon irvine led the blakes team which also included elizabeth Hunt, tim nolan, Audrius Skeyvis and Campbell Johnston. Helena Water was the preferred consortium awarded the contract to design, construct and manage the new WtP to be commissioned in mid-2013. Under the terms of the contract, Helena Water will run the WtP for 35 years after which it will be handed back to the Water Corporation in full working order.
DE AL MAkErS
Adrian Perkins
Mark Burger
Geoffrey Hilton
Firm
Mallesons Stephen Jaques (Palisade Investment Partners), Freehills (Australian Energy Transmission & Distribution)
DLA Piper (Wishlist Holdings Limited), Minter Ellison (buyers)
Henry Davis York (ESPN International), Advent Lawyers (ExtraCorp Pty Ltd)
Deal name
Palisade acquires Tasmanian Gas Pipeline for gas supply from VIC to TAS
Qantas buys shares in Australia’s largest employee rewards provider
ESPN acquires Australia’s largest sports tipping platform Footytips
Area
M&A
Corporate
M&A
Value
$200 million
Undisclosed
Undisclosed
Key players
Mallesons’ Adrian Perkins
DLA Piper’s Mark Burger
HDY’s Geoffrey Hilton
gadens poaches Hopgoodganim tax man Gadens Lawyers has appointed former HopgoodGanim tax law specialist Damian O’Connor as a partner in Brisbane. O’Connor has 30 years experience advising on tax issues in the mining, energy, financial services and property sectors, including 20 years with the ATO. Gadens Brisbane chairman Paul Spiro said O’Connor’s expertise would aid clients for whom the tax landscape is “constantly changing”. allion legal recruits Dla Piper lawyer A former DLA Piper senior associate has joined Allion Legal in Perth. Craig Boyle began with the Allion workplace relations and safety team as a senior associate last week to help further the firm’s employment law practice. Boyle was formerly a solicitor at Gadens Lawyers Perth from 2003 to 2006 Pipers adelaide takes special counsel Leaving the partnership of mid-tier Adelaide firm Tindall Gask Bentley, Donna Benge has joined Piper Alderman’s Adelaide office as a special counsel. Benge is a senior lawyer with close to 10 years’ experience advising on wills, estates, succession planning, business structures and superannuation funds. Minters appoints enviro young gun Minter Ellison has appointed environment and planning lawyer Jeremy Hill as a partner in SA and the NT. Admitted in 2004, Hill has experience advising across issues arising under SA’s Development Act, Environment Protection Act and Local Government Act.
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thisweek
ICJ to investigate legal corruption in Fiji Overseas lawyers and judges should stay away from Fiji entirely, according to the president of the International Commission of Jurists (ICJ). John Dowd QC believes Fiji’s legal system faces a fundamental problem of legitimacy and that any judge who takes up a position “gives legitimacy to a regime that’s illegitimate”. “It doesn’t mean that [judges] won’t do the right thing when they get there, but it’s not legally the right thing, because of a lack of a constitutional basis,” Dowd told ABC Radio. The independence of Fiji’s legal system will be scrutinised by the ICJ following a lawyer’s claim that there had been political interference in the judiciary. A former senior prosecutor with Fiji’s Independent Commission against Corruption (FICAC), Sri Lankan lawyer Madhawa Tenakoon, said that opponents of the coup which installed the military government had been targeted for prosecution.
Listed law firms making money AuSTRAliA’S TWo ASX-listed law firms posted strong financial results for 2010-11. Slater & Gordon’s revenue climbed to $182.3 million for the 2010-11 financial year, a 46.2 per cent rise on the previous period. The firm also reported net profit after tax of $27.9 million for the last financial year, a 40.9 per cent increase from 2009-10. in February, the firm set itself a full year revenue target of $170 million. Andrew Grech, the firm’s managing director, said the firm was able to exceed its revenue targets after the highprofile Trilby Misso and Keddies acquisitions of 2010 had been integrated into the firm. “because we have a much bigger business in the personal injury area, we feel comfortable with future growth of between five to seven per cent organically year on year,” he said. Slaters has set a revenue target of $200 million for the current financial year. integrated legal holdings (ilh) recorded a 51 per cent increase in profit after tax for the 2011 financial year. ilh – which includes the member firms Argyle lawyers, Civic legal, Talbot olivier and law Central – reported an operating revenue of $28.5 million for that period, a 19 per cent increase from 2009-10. The firm’s net profit after tax was $1.29 million, with earnings per share increasing by 19 per cent to 1.41 cents per share. in releasing its half-year financial results in February, ilh recorded a net profit after tax increase of 96 per cent.
Despite the share price of ilh steadily declining from its opening price in August 2007 of 35 cents per share to 11 cents per share late last week, ilh managing director Graeme Fowler said the dividend payments available to existing shareholders demonstrated good value to investors. “From a dividend point of view, with a 20 per cent growth in fully franked dividends, it represents a good return,” he said. “Try getting that from a bank.”
Friendly Foster’s deal over beers turns hostile The $9.5 billion offer by SAbMiller for Foster’s has become a hostile takeover bid. Talks between the respective parties have broken down, and the britishbased SAbMiller will now be making its pitch directly to shareholders. SAbMiller announced last week that it will be making a conditional, off-market, cash takeover offer at $4.90 a share for all of the issues shares in
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the Foster’s Group. Foster’s has previously rejected an offer of $4.90 per share from the british brewers, with the Australian company hoping for an offer in the vicinity of $5.50 per share. Foster’s has shunned long-term legal adviser Corrs Chambers Westgarth to link up with Allens Arthur Robinson on this deal, with Allen & overy representing SAbMiller. Senior partner ewen Crouch
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and capital markets group co-head Robert Pick are leading the Allens team, with the A&o team being led by M&A partners Aaron Kenavan and Michael Parshall, with antitrust partner Dave Poddar and banking partner Adam Stapledon also advising. hogan lovells is also advising SAbMiller on global aspects of the transaction. A&o Australia managing partner Grant Fuzi told
Lawyers Weekly that the firm’s international connections with SAbMiller were instrumental in the Australian arm of the firm being able to act on this deal. Allens declined to comment. Castle lager, Peroni and Grolsch are brands that are included under the SAbMiller umbrella.
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thisweek
US/UK Update
Kids face strict jail terms A plan to introduce mandatory sentencing for violent teen offenders has been criticised by lawyers and community leaders as ignoring individual rights. Stephanie Quine reports JUDICIAL DISCRETION must be used in relation to juveniles who commit acts of gross violence, said the president of the Law Institute of Victoria (LIV). Speaking to Lawyers Weekly, Caroline Counsel said the Victorian Government’s mandatory sentencing plan for juveniles aged 16 to 17, (under which juveniles who commit assaults with “gross violence’” would be jailed for two years except in “very unusual circumstances”) would lead to inconsistent sentencing results, increased costs to the community and greater marginalisation of vulnerable teenagers. “[The proposal] is too easy and simplistic and plays into the ‘low-end’ voters’ hands that ‘crime A’ deserves ‘punishment B’,” she said. “It’s not how sentencing should work and it’s not how sentencing currently works, and nor does it fulfil the aims of our state’s legislation which is all about determining the best rehabilitative outcome for the child.” Counsel argued her case to around 100 members of the public gathered last Wednesday (17 August) in Melbourne’s Federation Square. Other speakers included University of Melbourne Associate Professor of Psychology Jeanette Lawrence and the Anglican Archibishop of Melbourne, Dr Phillip Freier. Both Freier and Counsel said the Baillieu Government’s proposal would add nothing to the existing sentencing powers in Victoria. “It’s fixing something that’s not broken and doesn’t need fixing. Already written into the suite of sentencing options for juveniles who commit crimes is a two-year penalty which can be extended to three years,” said Counsel. The Government is awaiting a report from the Sentencing Advisory Council on its
mandatory minimum sentencing proposal which the Government argues is delivering what the public wants with its plan to be tough on crime. But Counsel, like former NSW Director of Public Prosecutions Nicholas Cowdery QC, argues the policy is simply an attempt to buy votes. “All this sort of zero tolerance ... it sounds great but hey, you know where the real work is? Actually analysing why these crimes are committed in the first place,” she said. “That’s harder. That’s going to take more time. It will probably go beyond a voting cycle, and that’s why it’s not popular.” According to Freier, it is “interesting” that the Government has claimed it has the public’s support with its policy, despite the fact that at the Federation Square event there were “no voices raised … calling for harsher punishment”. Advocates for mandatory sentencing argue that less leniency achieves greater deterrence, but Lawrence said teenagers were not necessarily deterred by penalties. The spike of risk-taking behaviour – which brings just 3 per cent of the 16 to 17-year age cohort into contact with authorities – begins to drop off around the age of 18 to 19 years, said Lawrence. “Say we lock them up for two years ... then what do we do with them? They are going to come out better criminals because they’re kids; they’re going to succumb to greater peer pressure in detention,” said Counsel. With the cost of someone remaining in incarceration averaging at $107,000 per annum per person, Counsel said all of society – not just government – was responsible to fix the problem.
NY partner jumps to CC London A Clifford Chance partner is relocating from New York to London. The Lawyer reports that corporate and securities lawyer Tony Lopez will join the firm’s London high-yield practice by the end of this month following his work with a number of London partners on transactions including a $375 million seven-year high-yield bond issue for Carmeuse earlier this year. The appointment increases the CC London high-yield partner count to five. Riots incited on Facebook Judge Elgan Edwards QC sentenced two men who posted messages on Facebook inciting others to riot to four years prison, reports The Guardian. The Chester Crown Court judge said the men had committed an “evil act” at a time when collective insanity gripped the nation. No-one turned up in either of the men’s targeted home towns (Northwich and Warrington) due to prompt and efficient modern policing, said Edwards. Defence lawyers have criticised the “disproportionate” sentences imposed on some convicted rioters and warned a spate of appeals could follow. Freshfields still acting for Tesco Freshfields Bruckhaus Deringer is advising supermarket Tesco on a fine of £10 million ($15.7 million), reports The Lawyer. The Office of Fair Trading (OFT) imposed the fine on the retailer over alleged price-fixing in the cheese market in 2002 and 2003, following its longest-running collusion probe. Tesco, which has two months to lodge an appeal through the Competition Appeal Tribunal, stated that the OFT’s ruling that it conspired with suppliers and retailers was “entirely without substance”. Irell denies discrimination claim US firm Irell & Manella has denied an employment discrimination and wrongful termination suit filed against it by ex-partner Juliette Youngblood, reports the AM Law Daily. Irell argues that it was Youngblood’s dream to be a movie producer, not wrongful conduct on the firm’s part, which led her to leave. Youngblood, a lawyer with Irell for 17 years, left in 2009 and last month sued the firm in the Los Angeles Superior Court. She is seeking damages for alleged gender discrimination based on reduced maternity leave pay.
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indepth
squire sanders fires warning shot The latest global law firm to hit our shores has bypassed the east coast to open a solitary office in Perth. Justin Whealing speaks to Squire Sanders’ global CEO, Jim Maiwurm, and local head John Poulsen to find out why they are so enamored by the west
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o global law firm has entered the Australian market quite like this. Last week (17 August), the global partnership of Squires Sanders formally voted to approve the establishment of an Australian office in October. While the entry of Squire Sanders continues the trend of global law firms coming to Australia, its decision to do so by opening a single office in Perth is unique. The firm’s global CEO, Jim Maiwurm, was in Perth to coincide with the announcement of the global partner vote. He bristled at the suggestion that by failing to have an office on the east coast, as all of the major global firms do, Squire Sanders would be at a disadvantage in landing a role on high-end M&A and banking and finance transactions in Australia. “Western Australia was particularly intriguing for us,” said Maiwurm. “Due to the significant amounts of trade that exist between WA and the rest of the Asia Pacific region, we thought an office in Perth would sit very nicely with our position in Japan and China. “That is basically how we got here.” Maiwurm was at pains to make the point that he did not want the Squire Sanders office in Perth to only target a narrow area of the market, and that his firm would compete across all areas of commercial law. He said Squire Sanders would diversify itself from global rivals, such as Allen & Overy and Clifford Chance, by not targeting “niche” areas in Australia, with the two English Magic Circle firms having deliberately targeted high-end M&A and banking and finance work when
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Who is Squire Sanders? 1890
The firm was founded in Cleveland, USA
1974
Opens its first international office in Brussels
1998
Opens its first Asian office in Hong Kong
2011
Merges with UK firm Hammonds and adds more than 500 lawyers to its books; opens its fifth Asia Pacific office in Perth
Jim Maiwurn, Squire Sanders global CEO, left, and John Poulsen, local head, right. The American - based firm is placing all of its Australian eggs in Perth
opening offices in Sydney and Perth within the last 18 months. “We are not niche players when we go into places around the world,” said Maiwurm. “The Western Australian client base was attractive to us, and the fact that the folks here had a strong, diversified, full-service practice was particularly attractive to us.” Maiwurm added that the increasing economic clout of the Asia Pacific region was the catalyst for the firm to open an office in Australia, especially after it had expanded and consolidated its position in Europe. “When I assumed the role of global CEO, the highest priority was to fill in the gaps with our European platform,” he said. “In January this year, we merged with Hammonds, and that gave
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“In the last few days, I have had approaches and discussions with people in other firms who are hoping to have further discussions” John Poulsen, squIre sanders australIa managIng Partner desIgnate
When it rains, it pours
us a very nice position in the UK, and gave us positions in Paris, Spain, Berlin and double the headcount in Brussels. “At the beginning of this year, we took a step back and thought, ‘What opportunities should we be pursuing and where are we underweight relative to that opportunity?’” “It was not too hard to figure out that the Asia Pacific region was a place we should be focusing on.”
Choosing a suitor In a similar vein to Allen & Overy, which raided the partnership ranks of Clayton Utz to enter Australia, Squire Sanders looked to take a large group of partners from an established firm, and secured 14 of the 19 Minter Ellison partners practicing in Perth, with at least an additional 65 lawyers on top of that. While the Perth arm of Minters traded under the firm’s name, it was not a fully integrated part of the firm.
It has been a tough month for Minter Ellison. After the announcement that Squire Sanders had decimated its Perth partnership in early August, the firm’s chief executive partner, John Weber, told Lawyers Weekly he hoped the four remaining Perth partners would be joined by up to half-a-dozen more partners to open an integrated office in October. Despite admitting there would have been “some people we would have been happy to have” from the defecting Squire Sanders partners, Weber kept a stiff upper lip when talking up the firm’s future in the west. “Over the last few years, as part of our strategy agenda, was a desire to get our office in Perth integrated, as up until now, it has operated under a license agreement,” said Weber. “The way I look at it, we are now able to execute on that strategy where we would be able to open our office.” Shortly after this body blow, it was announced that another staff member had left Minters under far more dubious circumstances. On 12 August, Minters announced that its former Adelaide CFO, Craig Raneberg, was being investigated by the police after the misappropriation of perhaps millions in partner funds.
“We would not have been interested in opening with six partners in Perth” JIm maIWurm, squIre sanders global Ceo
Maiwurm said that while he had “conversations” with other firms about a possible merger, it was the size of the Minters partnership that was particularly attractive to him. “We would not have been interested in opening with six partners in Perth,” said Maiwurm. “We wanted to have a position that was real, where we were a vital part of the community, and [Minters’ Perth practice] made sense for our colleagues and our client base.” The current managing partner of Minters in Perth, John Poulsen, will assume the mantle of the Squire Sanders Australia managing partner in October. He said that even though he and the other defecting partners had formal discussions with Minters chief executive John Weber about formal integration with the Minters network, the changing nature of the Australian legal market meant the prospect of joining a global firm became an enticing one. “During the course of those discussions with Minters, the legal world was changing,” said Poulsen. “DLA Piper, Norton Rose, Clifford Chance and Allen & Overy had all entered the local market, and it really made us stop and think about not just the current generation at the firm, but also the future generation. “That made us think global, not national.” After Squire Sanders merged with Hammonds, its total number of fee earners rose to be more than 1300 lawyers, putting it inside the top 25 global law firms by headcount. The firm currently has 36 global offices, which includes digs in Beijing, Shanghai, Hong Kong and Tokyo. The extent of Squire Sanders’ global coverage has meant that lawyers in Perth from outside Minters have not been backward in coming forward and making enquiries as to whether the firm will continue to expand after its opening date. “In the last few days, I have had approaches and discussions with people in other firms who are hoping to have further discussions,” said Poulsen. lW
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indepth
Bracing for change Having weathered the storm of the global financial crisis, there is significant activity within the Australian aviation sector. As Briana Everett discovers, turbulence lies ahead
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ontributing $4.9 billion to the Australian economy in 2009-10 (0.38 per cent of GDP) – only slightly down on the previous financial year (0.39 per cent of GDP) – the Australian aviation industry managed to withstand the tough economic conditions of the global financial crisis better than most. But following the December 2009 release of the Federal Government’s National Aviation Policy White Paper, aviation lawyers have been bracing themselves for work after the Government put forward a number of legislative changes aimed at guiding future growth, with safety and security labelled the “number one priority in aviation”. Cut to 2011 and the aviation industry is already undergoing significant change – despite a lack of progress on the Government’s proposed legislative changes. Having recently been the focus of public criticism due to safety concerns, on 16 August Qantas Airlines revealed it would slash 1000 jobs as part of a restructure to save the struggling airline, which includes the set up of Jetstar Japan and a new premium airline based in Asia, as well as the purchase of up to 110 new Airbus 320 aircraft. “What we have is an international business that’s been underperforming for some time,” Qantas CEO Alan Joyce told ABC News on 16 August. “It has only recovered the cost of capital three times in the last 15 years and the situation has gotten worse with a high fuel price and high Australian dollar.” Allen & Overy was the firm advising Qantas, through its subsidiary Jetstar Airways, on the establishment of its new low-cost carrier through a joint venture with Japan Airlines and Mitsubishi. The new Japanese airline involves a commitment of up to 12 billion Japanese yen ($150 million) and forms part of Qantas’ five-year strategic plan, which includes an enhancement of the joint services agreement with British Airways to strengthen the airline’s Singapore focus. “What it really emphasises is the importance of intra-Asian travel – the same with
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“With liability and insurance limits set to increase … and some regimes to undergo potential fundamental change, the aviation industry remains in somewhat of a state of limbo” Glenn BiGGs, partner, Carter neWell
intra-Asian trade and investment, which is so critical to Australia and the region,” said Sydney-based Allen & Overy partner Michael Reede, who led the firm’s advisory team on the joint venture. “In the Euro zone and North America, very, very low-cost carriers operate in that essentially domestic, regional environment. You don’t find that in Asia but clearly the market is moving towards low-cost carriers like Jetstar.” Aside from the restructure of Qantas, Carter Newell partners Glenn Biggs and Paul Hopkins say there is a significant degree of activity in the competitive aviation sector, although they are still monitoring the sector shake-up foreshadowed by the Government. “While much anticipation for change came from the Government’s 2009 National Aviation Policy White Paper, little has since come to fruition,” said Biggs. “With liability and insurance limits set to increase … and some regimes to undergo potential fundamental change, the aviation industry remains in somewhat of a state of limbo.
“Nonetheless, with 2010 being a very active year for property damage and personal injury aviation litigation, the start of 2011 has given aviation insurers a slight reprieve.” Working throughout Australia and across the Asia-Pacific region, particularly in the catastrophic accident area, Biggs and Hopkins are closely monitoring the Government’s proposed changes to carriers’ liability arrangements, which include an increased cap on liability for domestic passenger travel from $500,000 to $725,000 per passenger. “It’s a very broad ranging, ambitious document from the Government into which a lot of public submission went. But so far we’re just monitoring how that’s progressing and seeing how it tracks through to the law,” said Biggs. And whether these proposals eventuate, according to Biggs, depends on the political landscape. “There’s a lot of support for areas of the White Paper but also a lot of people opposing it.” lW See Folklaw p26
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practiceprofile
Fighting the good fight It is the area of law that gets the most coverage from the media and the glamour treatment from television courtroom dramas. Justin Whealing finds out what criminal lawyers really do with their time
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ll that glitters is not gold”. With these words, the highprofile Melbourne-based criminal lawyer Alastair Grigor sums up whether the image of the criminal law specialist – along the lines of Matthew McConaughey in The Lincoln Lawyer or, for those of a certain vintage, Arnie Becker from LA Law – bears any resemblance to reality. “It is a high stress job,” says Grigor. “We fight very hard for the rights of our clients. Bail applications, for instance, involve a tremendous amount of work. We are not all out there driving black high-powered SL Mercedes.” Grigor established his own criminal law firm, Grigor Lawyers, in 2006. Since that time he has acted for some high-profile clients, including Melbourne underworld figure Mick Gatto, and the security guard charged with manslaughter after the former Australian cricketer David Hookes was killed outside a Melbourne pub in 2004. He says that as compared to four years ago, when “high-profile” cases provided around 30 per cent of his work, his practice today concerns a great variety of matters, many of them routine. “Your ‘Underbelly-esque’, high-profile stuff is really on the wane at the moment,” he says. “We have some matters of a high-profile nature from a white collar crime perspective – I act for a number of clients that I can’t name because their cases are not that public at the moment, but will certainly get attention at another point in time – but we do all your basic, low-level driving offences and drugs offences in the Magistrates’ Court.” For lawyers in rural and regional Australia, criminal law matters are often closely related to alcohol. Brendan Moylan is a director with Webb & Boland Lawyers in Moree, a town of just over 8000 people around 630 kilometres north-west of Sydney. Like many country lawyers with a private practice firm, Moylan combines commercial and litigation work with a criminal law practice. The bulk of his work is decidedly
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unglamorous, but Moylan is quick to point out this does not mean it’s not important. For his clients, the outcome can affect relationships and livelihoods. “The majority of my criminal law practice consists of local court, drink driving and minor assault matters,” he says. Moylan says that Moree has a high proportion of domestic violence matters, with many offences linked to alcohol. “Our magistrate here frequently says that if it wasn’t for alcohol and domestic violence, the court wouldn’t have much to do at all,” he says.
Legal Aid and criminal law In NSW, 47.5 % of total legal aid expenditure in 2009-10 was spent on criminal law. The next largest area of the NSW legal aid budget is in family law (30%) and civil law (11%). In 2009-10, criminal law advice sessions increased by 14% in Nsw In Vic, $62.8 million was spent on the criminal law areas of indictable crime, summary crime, appellate crime and youth crime, which accounts for 48% of Victoria legal aid expenditure in 2009-10 In Qld in 2008-09, 63 % of legal aid lawyers worked on criminal matters In SA in 2008-09, 76% of legal aid cases concerned crime-related matters In WA, males aged 21-30 had the highest proportion (31%) of applications for legal aid
Moylan says that part of the reason the court in Moree is hearing more domestic violence cases is because the police have been encouraging local residents to report such matters – something that has the support of the local law firms and majority of residents. “Previously, a lot of it was just being brushed under the carpet,” he says. “The police have a local domestic violence officer, and all he does is liaise with the alleged victims of domestic violence to prepare the cases and get the statements together. “So, to that extent, the local police have done a good job, and the magistrate here is certainly not a light hearted magistrate when it comes to sentences on domestic violence charges, and he shouldn’t be, because it is such a problem here.”
the cost of legal aid A vital cog in the criminal law engine is the various state-based legal aid programs. It is estimated that around 750,000 Australians access legal aid every year, with its success dependent on lawyers from private practice assisting with the program. At Webb & Boland Lawyers, their contribution to the legal aid program is to assist with the processing of the local court’s duty roster, with each law firm in Moree doing two months per year as duty lawyers. This involves being on-call, doing the duty court lists and being available for weekend and after hours work. Moylan is usually his firm’s duty solicitor. He says that while it is important for law firms in country towns to be involved with legal aid programs, it costs his law firm and many others money to do so. “We don’t do much legal aid work at all, because it is economically devastating for us,” he says. “The cost of production to have one of our lawyers working on legal aid rates … is very high, unless we can manage to get a graduate over there – which we don’t do, as it is unfair to get a graduate thrown into the deep end and deal with a high turnover of cases on a legal aid basis. We would prefer to send an experienced lawyer who will be able to cope with the case load and do a good job, but it actually costs us money.”
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disadvantaged, so his firm makes itself available to take on matters on a pro bono basis. Recently, his firm assisted an international student that was wrongly charged by police for a hit and run incident, and a mother who was charged with assault after disciplining her son who suffers from asperger’s syndrome.
No need to change the system
“My belief in the system was put to the ultimate test” aLastair GriGor, director, GriGor LaWyers
“We are trying to make it easier for people to be good at this” Professor dan HoWard, University of WoLLonGonG
Alastair Grigor expresses similar sentiments. He says the high cost of making himself or one of his four solicitors available to assist with legal aid matters means that his firm does not participate in the program. “We don’t dabble in legal aid at all,” he says. “I am not sure what you get paid for a legal aid plea, but in terms
“We don’t do much legal aid work at all, because it is economically devastating for us” Brendan MoyLan, director, WeBB & BoLand LaWyers
of assisting with a plea in a magistrate’s court, there is a huge amount of work required to do that, and it is just not commercially viable for my firm to operate on that basis.” Grigor is well aware of the social responsibilities for lawyers, particularly criminal law practitioners, to assist the
Professor Dan Howard, a former deputy senior crown prosecutor in NSW, has recently established a post-graduate criminal prosecutions program at the University of Wollongong. The program teaches both criminal prosecutors and criminal defence practitioners a range of subjects, including studies in transnational crime, comparative criminal justice and criminal trial and appellate advocacy. Howard believes the standard and efficiency of Australia’s criminal justice system, and the skill of its practitioners, compares very well to other parts of the world. “On the whole we do pretty well,” he says. “We still retain the jury system, and that is incredibly important as a safeguard. But we can always do better, and we still have miscarriages of justice, and it is sad when an inexperienced counsel takes on a brief that proves beyond them, but you have to learn somehow, and everybody makes mistakes. “We are trying to make it easier for people to be good at this.” Grigor is in a unique position to comment on the standard of Australia’s criminal law system. Last year, he was on the other side of the desk when he was charged with rape following an incident after the AFL grand final in 2009. Grigor maintained his innocence throughout, with the matter being withdrawn during the committal hearing in December 2010. He said he never doubted that he would be treated fairly. “I was supremely confident that I would receive a fair trial in the unlikely event that the allegations proceeded that far,” he says. “My belief in the system was put to the ultimate test. The public perception that an accused does not in this country receive a fair trial is misplaced. “While miscarriages of justice do occur, they occur infrequently and are subject to a process of appeal. If one cannot obtain justice within their respective state, the High Court in Canberra is free of any perception of bias or parochialism.” LW
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legalleaders As a mother of five and Freehills “lifer”, Philippa Stone has had her hands full over the years. She tells Stephanie Quine about the satisfaction she finds in saving companies, delivering deals and tucking the kids into bed.
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Making it count
hilippa Stone fell into law by chance. The legal mastermind behind some of Australia’s most high-value corporate restructures, equity raisings and M&A deals initially enrolled to study medicine at the University of Sydney. Spending one year amongst stethoscopes and clinical case studies, Stone wasn’t convinced she’d taken the right path but, like many, she wandered through her first year of university, undecided about what career to pursue but still having fun. Soon, though, she switched to an Arts/Law degree where she says she began to find her feet. “It might be that if I’d ended up somewhere else I might have enjoyed that equally ... but it was when I got to the ‘straight law’ years that I began to find it fascinating,” she says. And when she landed at Freehills as a graduate in 1984, it was all systems go.
Billion dollar baby Stone began her career in the firm’s M&A group and, despite the fact she was supposed to rotate out of that group, she fought hard to stay. “We were actually supposed to rotate, but I and others in the M&A section just did everything we could [to stay]. We clung on like barnacles and refused to rotate just because it was fascinating,” she says. Stone says she was interviewed for the job by senior partner Kim Santow (now Justice Kim Santow of the NSW Supreme Court) and started out as “a complete and utter baby” in the corporate legal world, helping Santow advise on major matters like BHP’s response to Robert Holmes a Court’s merger proposal. “He let me tag along and do tiny aspects of the work. That’s what I got when I turned up on the doorstep of Freehills, and from there I did a range of fantastic transactions,” she says.
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Stone says Santow is one of the “greatest legal minds” she has ever met, along with others who mentored her at the time including former Freehills partner David Gonski and Kathleen Farrell, who is now the president of the Takeovers Panel. “Almost by accident I ended up in the best place,” says Stone, who was made a partner in 1989. Perhaps that is why she’s never left. Over 20 years later, Stone now leads her own team of around 10 lawyers.
running the show In the past 11 years, Stone and her team have advised on highly-complex deals including Promina’s $7.9 billion merger with Suncorp (one of the largest insurance sector mergers ever in Australia); Babcock & Brown’s $8 billion acquisition of Alinta; and Commonwealth Bank’s $10 billion merger with Colonial Limited – the largest transaction of its kind in Australian corporate history. As she gathered confidence and speed specialising in equity raisings and M&A deals, Stone was made joint national leader of Freehills’ equity capital markets team and, in 2006, advised the Australian Government on all three of its Telstra sales, including the landmark sale of its remaining stake in Telstra Corporation Ltd (T3). The T3 offering ($15.5 billion) was Australia’s second largest equity raising and among the largest public offerings worldwide. “Government transactions are fascinating,” says Stone. “There are the normal commercial drivers and requirements for success, but there is an overlay of requirements to meet which are particular to government.” Getting the deal right is an art Stone has perfected. A giant of the corporate legal world, she has received multiple awards and peerreviewed affirmations recognising her as a top
dealmaker and leading M&A and equity capital markets lawyer. The 2009 and 2010 International Financial Law Review (IFLR) 1000 reported that she was universally regarded as one of Australia’s preeminent lawyers: “an oracle in the legal world – the stuff that legends are made of”. Her skill is highly regarded both in and outside the profession and she sits on the board of David Jones as a non-executive director, the Law Council of Australia’s Corporations Law Committee, and the Australian Securities and Investments Commission’s Equity Offerings Liaison Committee.
troubleshooting transactions Another memorable transaction on Stone’s CV is the sale of Sydney Airport, in which she worked through unforeseeable events in a competitive bidding process to overcome significant challenges to the deal. “The bids were due in the week of the September 11 attacks in the US, and in that same week Ansett collapsed,” recalls Stone. “The insurance market was massively disrupted following September 11 and some key insurance requirements for airports were no
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legalleaders
“It’s great to save companies. It’s great to be involved in a successful deal. It’s also just great to be involved in developing and refining and then implementing some new way of doing something better”
you’ve got to work with that. I do work hard, but we all work hard and we are able to cover for each other to some extent. People don’t gravitate to this team unless they find their work interesting,” she says. Stone says she feels fortunate to have been well looked after by senior staff and the firm’s parental
leave policy. When asked by the NSW Law Society to speak at an event last month for the advancement of women in the profession, Stone says she found it difficult to approach because she – despite working in a traditionally male-dominated practice area – has never felt disadvantaged by being a woman at Freehills. “I started my presentation by warning that my experience was a little bit boring, compared to that of other women who have overcome significant challenges,” she says.
Older and wiser
longer able to be met in the commercial market. Those issues were out-of-the-blue factors that we had to work around,” she says. “There were many, many things that were interesting about that transaction, but it was satisfying to be able to complete it despite the unexpected challenges, and for more money than people expected at the time.” With the recent financial market turmoil, Stone says her M&A practice is far more active than the capital markets side of her practice. But having worked on complex deals for recapped companies, and experienced “episodes of saving companies”, she is no stranger to financial crisis. In 2008, she led a capital raising at an optimal moment when CBA bought Bankwest, immediately prior to the UK government providing assistance to UK banks, which would have altered the commercial dynamics for the vendor (British bank HBOS). The deal was also made prior to guarantee being given by the Australian government, which would also have altered some aspects of the situation for BankWest, says Stone. “Recapitalisations were a big part of what we did in the financial crisis, but they weren’t all we did – it was also a period where there
were M&A opportunities,” she says. “We worked on many recapitalisations, sometimes in really desperate circumstances and all of those companies survived. That’s enormously satisfying.”
wonder woman Along with the 10 or more lawyers Stone works with, she also has five children – ranging from ages seven to 21 – to keep her on her toes. “Children are good, they make you exercise,” she laughs. “Actually, sometimes I make them exercise.” Stone says that “computer lockdown” is sometimes enforced, possibly for both her and the kids, in favour of rock-climbing, kayaking and swimming. She also enjoys cooking and reading when she’s not working, but says that when a deal is “on”, long working hours are necessary. “I try to do some of my work from home so that I can be home with the children in the afternoon and evening,” she says, adding that after reading the kids a story and putting them to bed, she often will “log on” again. “It doesn’t always work, but it works well enough. Sometimes transactions go crazy and
Stone describes herself as a “complete dinosaur” at Freehills today, especially at a time where there is more career change within law. “What I find, having been here throughout my career, is that I just know so many people and know them well, even those who have left to pursue other careers,” she says. “Initially I thought, ‘Oh no, I’ve got to train another lawyer’, but now I’m very philosophical about it. If they want to go and be a corporate lawyer or a business banker, those are great careers as well,” says Stone, adding that if staff don’t “love the law and stay” they would be ready for other career opportunities through great training. For Stone, though, leaving the law was never an option, and she recalls her work in developing the first accelerated entitlement offers structure, alongside Guy Fowler, the investment head at UBS, as a career highlight. “That’s something I’m proud of … people used to do rights issues in a particular way, but now a large majority of Australian rights offers are done on an accelerated basis,” she says. While Stone acknowledges the satisfaction in developing ideas herself, she also says she loves helping clients “who have great ideas” to fully implement those visions. “It’s great to save companies. It’s great to be involved in a successful deal. It’s also just great to be involved in developing and refining and then implementing some new way of doing something better,” she says. And for now, that’s exactly what Stone will keep on doing. LW
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coverstory
a delicate In the debate about whether human rights should have legislative protection, passions run high on both sides. Claire Chaffey examines the heated battle currently taking place as the Victorian Charter of Human Rights and Responsibilities comes under scrutiny
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coverstory
balance I
*The ACT implemented a Human Rights Act in 2004
n the annals of public discussion and debate across Australia, seldom has an issue divided Australians – and Australian lawyers – more than the topic of the protection and promotion of fundamental human rights. The division is not down the lines of those who believe human rights should be protected and those who do not, but rather in terms of the method by which they should be safeguarded. In 2006, the state of Victoria took the bold step of being the first state* in Australia to implement a comprehensive legislative document in which fundamental human rights and freedoms are enshrined. The Charter of Human Rights and Responsibilities Act 2006 (the Charter) was hailed by supporters as a win for the marginalised and the fulfillment of a basic requirement of any developed democracy. Detractors saw it as an unnecessary and divisive document which would open the floodgates of litigation, create a “lawyers’ picnic” and undermine democracy by placing crucial decisions about human rights into the hands of unelected judges. Earlier this year, the Scrutiny of Acts and Regulations Committee (SARC) commenced an
official review of the Charter. Within a defined set of terms of reference, the Committee received 325 submissions and held five days of public hearings in which proponents and opponents of the Charter fervently expressed their views. On 1 October this year, the Committee is due to release a report based on the evidence put before it and make recommendations to Victoria’s Baillieu Government in regards to both its performance over the last four years, and also as to its future. Off the back of the Committee’s report, the Government could take numerous courses of action, including strengthening the Charter by adding financial penalties and creating a stand alone right of action; paring it back so it applies only to parliamentary scrutiny; introducing guidance as to how it is to be implemented by government and public authorities; or repealing it altogether. With a swathe of submissions calling for a weakening or repealing of the Charter in its current form, there is every possibility that this might happen, particularly given that the Baillieu Government has made no secret of the fact it has myriad problems with the instrument. For proponents of the Charter, this would be a devastating blow and Australia would be the first democratic country in the world to implement and then repeal a human rights act.
All about the evidence One of the state’s most vocal supporters of the Charter has been Caroline Counsel, the president of the Law Institute of Victoria (LIV). Counsel openly admits she has a serious “divergence of opinion” with those who oppose the Charter and says that one simply has to look at the evidence to see that the Charter’s naysayers are misguided. “When I appeared before SARC, it was heartening to hear that a lot of the detractors simply stood up and said, ‘This Charter should be abolished’. They had no evidence,” she says. “We were the only body that I know of that conducted an audit [of 209 cases], and we were able to measure where the Charter had been invoked. We were able to dispel the myth that somehow this Charter was being abused or manipulated in the court process.” Of all the audited cases, Counsel says there was one which “leapt off the page” in terms of the level of human rights abuse and the way in which the Charter was used to rectify an absurd situation. The case, says Counsel, involved four Indigenous siblings who were placed by a government authority into four separate, nonIndigenous homes.
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coverstory
Judging the judges
Human rights around Australia ACT The Human Rights Act 2004 came into effect on 1 July 2004. It gives legal effect to the rights enshrined in the International Covenant on Civil and Political Rights A 12-month review of the Act was published in August 2006. It revealed that the Act had been well received and had contributed to a greater awareness of human rights
“[Implementing a charter] is not an easy decision, for some reason. I do have days where I puzzle over why it’s not an easy one, because the idea of fundamental rights shouldn’t be all that tough” RobIN bANkS, ANTI-dISCRImINATIoN CommISSIoNeR, TASmANIA
New South Wales There is no human rights charter in New South Wales Following the appointment of the new NSW Attorney-General in April this year, the president of the NSW Law Society, Stuart Westgarth, said he would be calling for the introduction of a charter of human rights and responsibilities In its submission to SARC in relation to the Victorian Charter, the Law Society said a weak human rights culture facilitates civil liberties breaches by state governments
Northern Territory The Northern Territory is yet to formally review human rights protections In 2007 at a Charles Darwin Symposia entitled Securing Territorian Rights: Statehood and a Bill of Rights? human rights advocate Professor George Williams debated Queensland’s Professor James Allan on whether the NT should adopt a human rights charter
South Australia There is no human rights charter in South Australia In 2004, a Human Rights Act was introduced as a Private Members Bill by Sandra Kanck of the Legislative Council. It was not implemented
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“The Charter was correctly invoked to ensure that another option was explored, and that other option was the grandmother of the four siblings,” she says. “All four children were reunited and placed in her care. Bear in mind, we have just had a case in Victoria whereby the Government paid money in an out-of-court settlement when they realised that the Department of Human Services had failed in its duty to reunify an Indigenous man with his mother. So the Charter is good for government. It is a reminder for government to get things right.” It is this very point which Charter supporters say is at its heart: the legislation is not in place to provide an avenue for litigation, but is instead an instrument which guides government during the law-making process, and which directs public authorities when implementing that law. “When the Charter first came into operation, there were lots of concerns about, for example, the Charter being a ‘lawyers’ picnic’ and that there would be a massive tsunami of litigation. That is simply not borne out by the evidence,” says Ben Schokman, a senior associate with DLA Piper seconded to the Human Rights Law Centre (HRLC) in Melbourne. “We know that in actual fact there has been a paucity of human rights cases considered by the courts. The very real impact of the Charter has been at the front end of service delivery and decision making.” According to Counsel, the audit of the 209 cases was a very real reminder that this is where the Charter needs to be most effective. “The Charter provides an overarching framework of reference for the Government to remind itself, when it is formulating legislation, of human rights.”
For all its supporters, the Charter has just as many detractors. Amongst them are Deakin University Professor Mirko Bagaric and wellknown barrister and political commentator Peter Faris QC. Bagaric and Faris made a combined submission to SARC, in which they said there was “no evidence” to suggest that the Charter had any positive impact on public authorities incorporating human rights into their decisionmaking process. “There is no evidence to support this,” they said. “Aspirational phrases of the type found in the Charter cannot drive outcomes. More likely, they are used by people to mask their pre-determined decisions in a moral language – thereby discouraging inquiry and challenge.” They also critiqued the Charter for the responsibility it confers on the judiciary. “The process of demarcating the scope and application of rights requires a rigorous analysis of the relevant cause and effect systems operating in the community against a backdrop of desirable moral outcomes,” they said. “Judges are not trained to undertake this process and do not have the resources and information necessary to accomplish the task. The process of conferring and protecting rights is innately a role for Parliament.”
“When the Charter first came into operation, there were lots of concerns about, for example, the Charter being a ‘lawyers’ picnic’ and that there would be a massive tsunami of litigation. That is simply not borne out by the evidence” beN SChokmAN, SeNIoR ASSoCIATe, dLA PIPeR ANd humAN RIghTS LAW CeNTRe
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“A strong society that focuses on human and civil rights is not a scared society. My question is, ‘What are we so afraid of that we cannot live with this Charter?’” CArolIne Counsel, presIdent, lAW InstItute of VICtorIA
Melbourne barrister Joseph Santamaria QC also questions the role of the judiciary which is inherent in the Charter, and says it has the ability to undermine what is presently considered to be an independent body. “My principal criticism of the Charter is that, by requiring judges to determine questions of public policy, it has the tendency to cause damage to the reputation of courts as being impartial and independent in the administration of justice,” he says. According to Counsel, however, the Charter’s effect has never been to impede the supremacy of government when it comes to human rights – and that is something she says the LIV was able to show within their submission to SARC. “We made it very clear that government remains supreme,” she says. “Government is the one which dictates to the court what the law does and how laws are to be enacted. The implementation and decision-making process at the coalface, of course, is up to the individual member of the judiciary. But ultimately, it does not diminish government’s power. It simply creates a framework in which government then works that reminds government of those basic human rights.”
“Assuming this is so, why not enforce the existing law rather than creating a new and somewhat vague one?” asked Gobbo in his submission. “It is absurd to set up a widely-phrased Human Rights Charter suggesting to the public at large that it is a panacea for all ills or unfairness.” Robin Banks, the Tasmanian antidiscrimination commissioner, says the lack of a perceived need for a human rights charter has been a recurring theme in public consultations regarding a Tasmanian charter. “Most of us don’t see the reasons for doing things differently unless we know there is a problem. Unless there are complaints, people won’t see that there is a problem,” she says. “They’ll ask, ‘Why are we protecting human rights? Is there really a problem that needs to be fixed?’” As such, Banks says that with any charter to be implemented in Tasmania, it would be useful to have a mechanism – such as an easily accessible and visible complaints process – which identifies where exactly there are problems. “I do think it is important … that there is a process which allows people to understand that this is something worth doing,” she says. “You won’t get that unless the community is engaged.” Banks is at the forefront of ongoing debate about the implementation of a charter in Tasmania, and says she is keeping a very close eye on what is happening in Victoria.
In 2007, the Tasmanian Law Reform Institute launched an enquiry into the possibility of enacting a Human Rights Charter The Institute’s report on the enquiry revealed that of the 407 submissions, 94.1 per cent supported a Charter of Rights for Tasmania In 2010, Attorney-General Lara Giddings released a consultation paper to commence dialogue with the Tasmanian community. While the consultation has ended, a charter is yet to be implemented and is effectively on hold until budget constraints are lifted
Western Australia In 2007, Attorney-General Jim McGinty announced a proposal to develop a WA Human Rights Act and sought submissions from the community A consultation committee held over 40 public hearings and received almost 400 submissions, of which 89 per cent were in favour of laws to protect human rights The current Attorney-General, Christian Porter, has openly expressed opposition to the notion of a human rights charter
Queensland In 1998, the Queensland government officially rejected the introduction of a charter of rights In 2006, the Queensland Law Society endorsed the concept of a charter as a safeguard for the protection of fundamental human rights
federal
If it isn’t broken … Another high-profile opponent of the Charter is Sir James Gobbo, the former Governor of Victoria, who argued in his submission to SARC that proponents of a human rights charter “seldom list examples of injustice or unanswered complaints which demonstrate the need for a charter”. Gobbo also referred to a speech given by Attorney-General Rob Hulls in April 2009, when he said there was no right in the Charter which was new or not already found in existing law.
tasmania
“It is absurd to set up a widely-phrased Human rights Charter suggesting to the public at large that it is a panacea for all ills or unfairness” sIr JAMes Gobbo, forMer GoVernor of VICtorIA
In 2008, the Federal AttorneyGeneral launched the National Human Rights Consultation across Australia. The consultation committee received more than 35,000 submissions and conducted three days of public hearings In April 2010, Attorney-General Robert McClelland announced that instead of a Human Rights Act, the Government would implement a Human Rights Framework to better protect the fundamental rights of Australians This Framework was launched in April 2011, with a Human Rights Act to again be considered in 2014 following a review of the Framework
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coverstory
“My principal criticism of the Charter is that, by requiring judges to determine questions of public policy, it has the tendency to cause damage to the reputation of courts as being impartial and independent in the administration of justice” JOseph santaMaria QC, barrister, ViCtOrian bar
While she admits that the current Victorian model is flawed, she adds that the possibility of a watering-down or repeal of the Victorian Charter would do great damage to the charter movement in Tasmania. To Banks, though, the Victorian Charter is an incredibly positive legacy of the former Labor Government and she applauds the courage shown in taking up the issue. “It’s not an easy [decision], for some reason,” she says. “I do have days where I puzzle over why it’s not an easy one, because the idea of fundamental rights shouldn’t be all that tough.”
Give the tiger teeth Even though Counsel, Schokman and Banks are all in favour of the Charter, they all admit that in its current form, it is not living up to expectations. It “needs teeth”, they say, and the introduction of a distinct right of action under the Charter – as opposed to one which must be “piggybacked” by another cause of action – is a modification crucial to its efficacy. “Currently, the legal proceedings provision under the Charter is unnecessarily complex and convoluted,” says Schokman. He would also like to see the addition of social and economic rights, such as the right to housing and education, while the LIV is advocating for monetary remedies for those aggrieved under the Charter. Another shortcoming, says Schokman, is the lack of education and knowledge around the Charter’s role and purpose. “While there have been some good steps made around education about the Victorian Charter, a lot more needs to be done [in regards
to] what the Charter actually means and how it operates,” he says. For Counsel, the overarching message is that if Victoria is to retain the Charter, it must be meaningful if it is to be useful. “Our fervent wish is that the Charter be strengthened,” she says. “If you have a government that is brave enough to have introduced it – and admittedly that was under the [previous Labor government] – and you have a Liberal Government that says, on consideration of all things put before it, it is not a bad thing to have, our challenge to them is to give it teeth and actually make it mean something at the implementation stage.”
One step forward, two steps back? While there has been months of speculation in the media about the outcome of the review and the Government’s impending action, Counsel says it is difficult to predict. She adds, though, that it would be disastrous if the Government eventually decided to weaken or repeal the Charter. “To me, the thought of having a Charter and then having it repealed is a retrograde step,” she says. “A strong society that focuses on human and civil rights is not a scared society. My question is, ‘What are we so afraid of that we cannot live with this Charter?’” Schokman agrees, and says that any such move would not only affect those whose rights need protecting the most, but also do significant damage to Australia’s already battered human rights reputation on the world stage. “One of the things that Australia – as an affluent, modern society – needs to consider is that when it comes to our interaction on an
international stage, human rights are at the forefront of what we expect of other countries,” he says. “It is inconsistent of Australia, on the one hand, to advocate for human rights to be protected in Sri Lanka, Iraq or Afghanistan and, on the other hand, not to have our own house in order when it comes to the protection of fundamental human rights.” For opponents like Santamaria, though, it is not so much a question of fear or reputation as one of questioning the Charter’s utility. “There are several obscurities about the Charter,” he says. “It subjects all of the rights it recognises, which include many rights long since recognised by the common law, to an overarching limitation … The Charter has the tendency to undermine the administration of justice by putting at risk the reputation of the judiciary for independence and partiality … The Charter should be repealed. [It] is not necessary for the protection of fundamental rights and freedoms in Victoria.” For all those who made submissions to SARC, the next few months will no doubt be an anxious wait, though Counsel, for one, is hopeful that the review will have a desirable outcome. “If [the Government] has heard, and if they have taken on board the learning that was available in those submissions to SARC and in the conversations that we were able to have with SARC, I am hopeful that the Charter is not considered to be the repository of all evil, but is in fact a beacon, a cauldron of light shining hope for all Victorians that we have a stable government that is not afraid of putting human rights at the centre of the conversation.” LW
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career
counsel
experience trumps education
Experience plays a more important role in career development than formal education, according to the latest survey results from Kelly Services. According to the Kelly Global Workforce Index, which obtained the views of 4,334 Australians, 86 per cent of Australian employees believe experience trumps education, with just 12 per cent citing education as the key driver behind their career development. Despite this, however, 95 per cent of respondents rated upgrading qualifications and skills as either extremely important or important to career progression. “Employers are not dismissing formal education but are becoming more interested in experience when making recruitment decisions and evaluating employees for career progression,” said the managing director of Kelly Services Australia, Karen Colfer.
“While formal education forms the base of a career, as employees progress in their career life-cycle and gain real world skills and experience, the emphasis on formal education reduces proportionally.” In addition, almost two-thirds (64 per cent) of respondents said that when looking for a job, the best indicator of their talent to a prospective employer is experience, followed by job interview performance at 22 per cent, references at 10 per cent, and education at 4 per cent. “Experience is currently outweighing ongoing formal education when evaluating candidates,” said Colfer. “In a perfect world, candidates would have both ongoing formal
my
education and experience but in reality this is not always the case.” The survey also confirmed the belief that the concept of a career-for-life has vanished, with 51 per cent of respondents expecting to switch careers within the next five years. The main reason, for 30 per cent of respondents, is the need for improved work-life balance, followed by changing personal interests (28 per cent) and the need for a higher income (20 per cent). “For an earlier generation, a change of career would have been something of a crisis but today it is seen as a reflection of shifts in demand for different skills and occupations, as well as changing personal interests on the part of employees,” said Colfer.
next move:
Gail Greener, senior consultant, Dolman Legal Search & Recruitment
Pay day Of workers who earn six figures say they live pay cheque to pay cheque
Of female workers live pay cheque to pay cheque, compared to 38 per cent of their male counterparts Source: CareerBuilder survey, August 2011
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14 % 46 %
Q
Will charity or pro bono work help my career prospects?
Getting involved in charity or pro bono work at an early stage in your career can have many benefits. Not only will you have a sense of satisfaction that you are making a contribution to your community or to those in need, you will also have the opportunity to meet a diverse range of people to network with and to learn new skills and thereby expand your work experience. There are many not-for-profit organisations, such as young lawyer associations and charities like the Salvation Army or Red Cross, that look for volunteers and pro bono lawyers. Your skills can add tremendous value in assisting with the issues these organisations typically face. Through pro bono work, you will have the opportunity to develop your client
A
relationships and interpersonal skills as well as gain exposure to different practice areas, environments and culture. The main benefit of pro bono work, in terms of career development, is the incredible networking opportunities. You will have direct contact with those who you may not ordinarily have access to such as partners and other senior lawyers, as well as lawyers from other firms or from different environments or industries. If you are contemplating changing your career path or practice area, volunteering or doing pro bono work will help you decide if that is really the right move for you. Volunteering is a great way to explore new horizons. In addition to the usual criteria, law firms will also be interested in your extra-curricular activities as it can give them more of a sense of who you are and your dedication and passion. There are many charitable concerns out there needing assistance, so find something you are interested in and go for it!
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folk
law
R E A D T H E L AT E S T FOLKLAW ONLINE www.lawyersweekly.com.au/folklaw
Lawyer launches missile at judge A Bangladeshi High Court has banned 13 lawyers from practising in the country after they disrespected judges. According to the Daily Star, one lawyer went so far as to launch a foot-long plastic missile at a High Court judge, with the object hitting a ceiling fan before dropping to the bench. The accused lawyer has denied the allegation. The anarchy which descended in the courtroom in early August, which was packed full of journalists, lawyers and observers, forced judges to halt proceedings and leave court. The Supreme Court registrar alerted all bars and lower courts in the country to effectively ban the 13 lawyers from setting foot in a courtroom. The 13 lawyers, along with around 40 others, were attending a bail petition hearing in relation to charges laid by the senior assistant commissioner of police that they had assaulted and prevented police from performing their duties at the High Court.
At the hearing, the lawyers are reported to have been turning around wooden benches in the courtroom, shouting slogans, yelling at judges and assaulting police guards. The chaos was fuelled by a political rivalry between some of the lawyers, with a faction protesting against the presiding judges’ observation that opposition BNP chairperson and former premier Khaleda Zia might lack patriotism. To add to the confusion, the Daily Star reported that “at one point”, one of the judges became embarrassed to continue to hear the petition, but the reason for his embarrassment was not known, as if the judge in question didn’t have enough material to work with. Folklaw doesn’t know what Judge Judy is up to these days, but surely a strong hand is needed to rein in some of these recalcitrant lawyers?
Leave law and work for Jetstar How do you justify the slashing of 1000 jobs? For Qantas CEO Alan Joyce, you tell the media that lawyers in Thailand are ditching timesheets to work as cabin crew for Jetstar. Joyce has been on message over the last week as he does the rounds trying to sell his restructuring of Qantas and its low-cost carrier, Jetstar. Folklaw nearly spilt its cup of tea all over its puce satin dressing gown on while watching LateLine Business (during an ad break for Sports Tonight) when Joyce answered a question from Ticky Fullerton regarding the pay of cabin crew at Qantas with the comment: “We actually have lawyers leaving the legal profession to work for Jetstar as cabin crew. The impression that people have is that people are in bondage, it’s slave labour, but these are lawyers that want to work for the airline up there”. Folklaw wasn’t sure if it was hallucinating in a pre-sleep
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Lawyers beware! Jetstar wants you haze, but when it heard Joyce express similar sentiments in an interview with Radio National host Fran Kelly on the wireless the following morning, Folklaw knew it wasn’t dreaming. According to a Perth Now article in June, Thai-based Jetstar cabin crew members earn a base wage of around 14,000 baht per month, which is just over $5300 a year. Jetstar said this can rise to as much as $30,000 annually. Australian-based Jetstar cabin crew can expect to earn around $50,000 per year, with overtime.
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How do we record this on our timesheet?
While Thai-based Jetstar cabin crew do earn considerably more than many other Thai workers (Joyce claims they are amongst the top 3 per cent of salary earners in Thailand), Folklaw thinks it’s a bit of a stretch to claim that law firms in Thailand are looking over their shoulder and trying to stave off potential competition for talent from Jetstar. Many local lawyers with local firms in Thailand can potentially earn a lot more than 14,000 baht per month, while the big international law firms in Bangkok pay their lawyers infinitely more than $30,000 per year. Whatever the salary, Folklaw can see how lawyers could make the transition to cabin crew successfully. Both jobs involve long hours, dealing with difficult and stroppy clients who want to be anywhere else but where they are now, and both jobs provide easy access to free coffee and booze. If only those Thai law firms that lost lawyers to Jetstar managed to get their fee-earners into uniforms, they might still be working in the law.
Turkish palace eyes Mallesons acrobat It is no secret that the bane of many a lawyer’s existence is a demanding client who expects you to bend over backwards to please them. But in the case of this particular young lawyer, bending over backwards – and indeed tying herself into human knots and various other impossibly limber positions – is all part of the package and something which she actually loves to do. Amy Rowland, a young banking and finance lawyer at Mallesons Stephen Jaques, is no ordinary lawyer with a Saturday golfing habit. She also happens to work part-time as one half of an acrobatic duo named BodyKraft. The other half is an equally strong and flexible stockbroker, Matt Young, and such is the nature of their growing popularity that the two have been shortlisted to perform at a wedding in a Turkish palace in Istanbul in front of around 600 guests. While the identity of the soon-to-be wedded Turkish couple with a penchant for acrobats remains a mystery, Folklaw is slightly envious of the pair’s talents, which will no doubt lead them to far-flung and exotic corners of the world. w w w.law yersweekly.com.au
INSIDE , A H A ND CR A F TED CA BIN INF USED W ITH T H E L A T E S T I N T O U C H S C R E E N T E C H N O L O G Y. O U T S I DE , P ION E E R I N G S U P E R-F OR M E D A L U M I N I U M B ODY WOR K T R A N S P OR T S T H E N E W G T T O N E W L E V E L S OF AT H L E T IC S C U L P T U R E . U N D E R T H E S K I N A 6 . 0 L T W I N -T U R B O C H A R G E D W 1 2 E N G I N E P R O D U C E S 4 2 3 K W O F U N A D U LT E R A T E D P O W E R .
T H E N E W C O N T I N E N T A L G T. A U T O M O T I V E A R T.
Bentley Adelaide
Chellingworth Bentley
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BT1
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565 Doncaster Road Doncaster, 3108 Victoria 03 9848 9000
Bentley Sydney
52-58 William Street Sydney, 2000 New South Wales 02 8338 3988
www.bentleymotors.com
Brian Rollo In-House Sydney
taylorroot.com.au Australia Competition
Sydney
Energy
Australia wide
Financial Services
Sydney
One of Australia’s leading law firms is actively recruiting for a mid-level competition lawyer. Fantastic opportunity to join this highly regarded team working with leading professionals in this area. Impressive range of clients, career progression and good salary on offer. Ref: 643115. 4-6+ years
Multiple opportunities exist for talented lawyers Australia wide. Lawyers with experience in either mining, oil & gas, electricity and water will be highly regarded. Exceptional packages and relocation to Sydney, Brisbane and Perth on offer. Our clients are interviewing now. Ref: 644206. 1-10+ years
This leading Australian financial services and wealth manager is looking for experienced superannuation or life insurance product lawyers to work closely with a legal manager in the product area. A great opportunity, get in touch for more information. Ref: 644478. 4-8+ years
Insolvency
Construction
Corporate/Commercial
Sydney
Brisbane
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Major new matters have spurred this leading team into action on recruitment and are now looking to hire 3 new mid-senior level lawyers with good experience and academics. The firm pays well and you will be thoroughly rewarded for making your move. Ref: 643121. 3-7+ years
This is the opportunity that you have been waiting for. Join an acknowledged market leader’s thriving team and work on a mix of front and back-end work. Top of the market salary on offer and relocation paid. Our client is currently interviewing. Apply in confidence. Ref: 642651. 4-6+ years
A fantastic opportunity has arisen at this leading blue-chip organisation. Currently seeking a corporate lawyer to join its collegiate in-house team. Broad role providing legal advice in relation to trade practices, privacy, membership and marketing. Apply now for more information. Ref: 644504. 4-8+ years
Senior Associate
Employment
IT/Commercial
Melbourne
Premier banking practice seeks a senior associate level candidate to work alongside a project finance specialist. Superior quality work and clients. High degree of client relationship management. Top of the market remuneration and incentive program. Interstate candidates encouraged. Ref: GP644291. SA 2-4+ years
Melbourne
Sydney
This premier national law firm has a 3 partner employment law group in Melbourne. It is now seeking a mid-level to senior associate employment lawyer to join the team. Candidates with at least 3 years’ experience and a strong academic background are sought. Ref: 644512. 4-6+ years
This award-winning and dynamic global IT company is now looking for a junior lawyer to join its collegiate team. Working on cutting edge technology projects you will be exposed to all aspects of the business. A fantastic opportunity for a talented individual. Ref: 644479. 1-3+ years
Corporate Associate
Banking
International Corporate/Finance Associate
Riyadh, KSA
London
Singapore
Top international firm with a well established and long-standing presence in the Middle East is looking to bolster its corporate and finance teams in Saudi Arabia with 3-4 lawyers with top level experience in corporate, finance and capital markets. Ref: SM690670. 4-7+ years
International City practice is seeking an experienced corporate lawyer who is familiar with ECM, M&A and general corporate practice. You shall have an excellent academic record and ideally will have trained at a solid City practice. Genuine partnership prospects for the right candidate. Ref: 768580. 3+ years
This UK law firm is losing a couple of associates to other global offices of the firm and is therefore looking for additional staff. Work is mixture of syndicated lending, project finance, acquisition finance, trade and commodity finance and asset finance. Only 15% tax. Ref: 134701. 1-6+ years
IT/Commercial, In-House
Debt Capital Markets
Litigation
Dubai
Hong Kong
Cayman
Our client, a major MNC with a global presence, is now looking for a senior IT/commercial lawyer to be based in their Dubai office with a remit for the Middle East and Africa. Previous experience within another MNC is highly preferred, in addition to top law firm experience. Ref: 24803GP. 8+ years
Leading tier-one capital markets group seeks a midlevel qualified debt specialist with experience in bonds and MTN programmes. The team works with leading financial institutions and associates gain unrivalled exposure to clients. Top market rates and bonus. Ref: 6569. 3-6+ years
An opportunity has arisen for a mid-level litigator at a top-tier offshore firm. Broad commercial work with elements of trusts and insolvency is on offer. Exposure in all those areas is not essential. Advocacy experience useful. In return, tax-free earnings on a Caribbean Island. Ref: 802430. 4+ years
Legal Counsel, Shipping
Derivatives - Legal Counsel
Associate Competition
Qatar
We are currently working with a major Qatar client in their shipping and transport business. They lead the market in their industry and their business connections means they work globally. They require a strong commercial shipping lawyer to handle a wide variety of work. Ref: 24433MA. 4-7+ years
Singapore
International investment management company seeks derivatives legal counsel to prepare, negotiate and execute all derivatives documentation including but not limited to ISDA Master Agreements, ISDA Credit Support Annex; FX agreements and ISDA Master Confirmation Agreement etc. Ref: 136001. 3+ years
Brussels
Magic Circle firm in Brussels is looking to strengthen its competition team with a junior lawyer with 1-2 years’ PQE and a strong competition background. Brussels is the place to be for competition work and you will get exposure to high profile cases. Great opportunity. Ref: 850250. 1-2+ years
For International roles, call Karlie Connellan on +61 (0)2 9236 9000 or email karlieconnellan@taylorroot.com.au For Australian Private Practice roles, call Matt Harris or email mattharris@taylorroot.com.au For Australian In-House roles, call Brian Rollo or email brianrollo@taylorroot.com.au For Melbourne roles, call Tim Fogarty on +61 (0)3 8610 8400 or email timfogarty@taylorroot.com.au Please note our advertisements use PQE purely as a guide. However we are happy to consider applications from all candidates who are able to demonstrate the skills necessary to fulfil the role.
THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE