Briefs

AFL sued

Australian lawyer Michel Margalit has lodged a class action at the Supreme Court of Victoria against the AFL on behalf of 60 footballers, including men in their 30s, for brain injuries allegedly caused by the game.

The Australian reports that the lead plaintiff is premiership player Max Rooke who played 135 AFL games. The lawsuit alleges Rooke has suffered permanent, life-altering injuries as a result of concussionrelated injuries and due to the negligence of AFL.

Margalit, managing principal of Margalit Injuries Lawyers, has previously said she thinks players should be awarded more than A$2 million each, plus medical expenses. Similar class actions in the US brought by former NFL players resulted in initial pay-outs of more than US$1 billion.

Bank warning

KPMG’s annual Financial Institutions Performance Survey reveals that banks in New Zealand increased their net profit after tax (NPAT) to more than $7 billion in 2022, a rise of $1.06 billion on the previous year.

However, John Kensington, KPMG’s Head of Banking and Finance, says banks’ return on equity (ROE) is lower than the Top 50 average on the NZ Stock Exchange. Average ROE for banks was 13.4% compared with the NZX average of 15%.

The rise in NPAT was dominated by the four big banks: ANZ (a 19.8% rise to $2.3b); Westpac (a 22.9% rise to $1.3b; ASB ( a rise of 15.6% to $1.4b) and BNZ ( a 7% rise to $1.4b).

But Kensington warned the next couple of years would likely be rougher, with flatter earnings and a higher rate of growth in impaired loans than had been seen for some time.

Clarification

After the publication of a profile on new ADLS president Tony Herring in last week’s LawNews, some members questioned the suggestion that Herring is the first-ever president to reside outside Auckland and that he was, six years ago, the first non-Aucklander to be elected to the ADLS Council.

It’s understood Herring is the first non-Aucklander to be elected president since ADLS was incorporated in 2009 but another council member was the first non-Auckland councillor to be elected. ■

Judge Of The Employment Court

The Attorney-General wishes to hear from suitably qualified persons who would like to be considered for appointment as a Judge of the Employment Court, based in Auckland or Wellington. Persons appointed to the Employment Court must have held a practising certificate as a barrister or solicitor for at least seven years or otherwise as set out in section 200 of the Employment Relations Act 2000.

The position will suit someone with a particular interest in, and knowledge of, New Zealand’s employment law. The criteria for judicial appointment includes:

• sound knowledge of the law and experience of its application

• qualities of character such as personal honesty and integrity, impartiality, good judgment, and independence

• awareness of, and sensitivity to, the diversity of modern New Zealand society

• ability to assist persons to resolve litigation other than by judgment

• effective oral and written communication skills

• ability to absorb and analyse complex and competing factual and legal material

• ability to work hard, efficiently and under pressure

• awareness of the special characteristics of employment relationships.

A copy of the document setting out the process and criteria for appointment and a copy of the Expression of Interest form are available here

Persons interested in appointment are asked to complete an Expression of Interest form and provide a curriculum vitae and submit them to the Judicial Appointments Unit by 28 March 2023.

All expressions of interest will be handled with the highest degree of confidentiality.

ESTATES & RP