LSJ - August 2016

ISSUE 25 AUGUST 2016

ENDINGTHECYCLE OFRECIDIVISM HOW A CREATIVE APPROACH TO CRIME AND REHABILITATION IS SAVING LIVES

CELEBRATINGDIFFERENCE MEET THE LAWYER USING SOCIAL MEDIA TO FIGHT ISLAMOPHOBIA IN AUSTRALIA

THEGIVE ANDTAKEOF PROBONO A NEW BEST PRACTICE GUIDE FOR LAW FIRMS LEGAL SERVICES AT THECOALFACE INSIDE THE HEALTH JUSTICE PARTNERSHIP HOWTOAVOIDUNLEASHINGTHE BEAST MANAGING HIGH CONFLICT PERSONALITIES THE SOUTHCHINA SEAARBITRATION WHY CHINA’S CLAIMS HAVE BEEN DASHED

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CONTENTS

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28

38

FEATURES

20 HISTORYFOCUS The Law Society has unveiled a new Roll of Honour with the names of the 245 NSW solicitors and 41 law clerks and law students who served in the First World War 24 HOTTOPIC Australia needs leaders to implement diversity measures that redress cultural inequality in the law, writes Ray Steinwell 26 INFOCUS On the eve of her Australian tour, high-conflict expert Megan Hunter shares tips on how to manage demanding clients and colleagues

28 COVERSTORY

52 LIFEOUTSIDETHELAW Author David Gillespie was a corporate lawyer before he started the anti-sugar movement in Australia with his book Sweet Poison 54 MINDFULDRINKING We’ve all been warned about overindulging, but alcohol can cause serious long-term harm, writes neuropsychologist Nicola Gates 65 MOVIEGIVEAWAY Win tickets to Embrace of the Serpent , a new Spanish language film with award- winning cinematography by Cirro Guerra

Justice reinvestment as an alternative to prison could help curb soaring costs in the criminal justice system, writes Kate Allman 38 LEADINGTHECHANGE Social justice advocate Mariam Zamiri Veiszadeh tells Dominic Rolfe how she uses social media to fight Islamophobia 48 ADAY INTHELIFE Meet Sue-Ellen Hills, a solicitor from Redfern Legal Centre working in a unique partnership with Prince Alfred Hospital

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54 58

REGULARS

LEGALUPDATES

8 PRESIDENT’SMESSAGE 10 MAILBAG 12 NEWS News and events from the legal world 16 THE LSJ QUIZ 18 CAREERMOVES Who moved where this month

46 DOINGBUSINESS

68 ADVOCACY: THE LATEST IN LAW REFORM

Fashion, etiquette, and tips on how to resolve conflict at work

70 INTERNATIONAL: LEGAL IMPLICATIONS OF BREXIT

73 LAWOFTHESEA: SOUTH CHINA SEA ARBITRATION

56 PSYCHE

Dealing with dementia at work

76 TAXATION: FRAUD OR EVASION OPINIONS

78 COSTS: RECOVERY OF FEES & ESTOPPEL

57 FITNESS

How to build muscle and lose fat – yes, you can!

80 TAXATION: STAMP DUTY STINGS

23 OUTANDABOUT 34 BESTPRACTICE PROBONO

82 DISABILITYDISCRIMINATION: JURY DUTY

58 TRAVEL

The best of Jakarta and a luxury escape in Sydney’s centre

84 ESTOPPEL: WHEN BUSINESS & FAMILY DON’T MIX

A new guide is helping firms improve the amount and quality of their pro bono o erings

86 PROPERTY: INSTALMENT CONTRACTS

64 LIFESTYLE

88 SUPERANNUATION: CONFLICTS OF INTEREST

Book reviews, events and our movie giveaway

42 CAREERCOACH

90 RISK: FORMER CLIENTS AND CONFLICT ISSUES

Fiona Craig’s six ways to reinvigorate your career

66 NON BILLABLES

92 CASENOTES: HCA, FCA, FAMILY, WILLS & CRIMINAL

Yarns we can’t bill for 87 LIBRARYADDITIONS 106 EXPERTWITLESS

44 CAREER101

Major Kath Holder, Army Legal O cer

4 LSJ I ISSUE 25 I AUGUST 2016

Like never before!

Book an obligation free demonstration for the chance to win an iPad Pro. leap.com.au/iPad

A WORD FROM THEEDITOR

is month’s cover story is so important. It is not often that we get a glimpse inside the world of someone who has been caught up in the criminal justice system since childhood. Rarer still is an outcome as positive as that of Keenan Mundine. It’s especially inspiring when you consider everything he has been through since he was born into a life of drugs and crime in Sydney’s Redfern. Journalist Kate Allman tells Keenan’s story, “Breaking the prison cycle” on page 28. Keenan’s journey through the innovative Just Reinvest NSW program is inspiring and proof

ISSN 2203-8906

Managing Editor Claire Cha ey Associate Editor

Jane Southward Legal Editor Klara Major Assistant Legal Editor Jacquie Mancy-Stuhl Reporter Kate Allman Art Director Andy Raubinger Graphic Designer

that there are meaningful and lasting alternatives to an overloaded prison system. We received some terri c news this week. Four of the LSJ team have been named as nalists in this year’s Publish Awards. Our art director extraordinaire, Andy Raubinger, is up for Designer of the Year (Business), our newest recruit, Kate Allman, is one of ve nominees for Young Journalist of the Year, our talented Associate Editor, Jane Southward, is in the running for Journalist of the Year (Business), and I have been fortunate to be given a shot at the award for Editor of the Year (Business). is is encouraging news for the whole team and we thank readers and contributors for their support and those we interview for the LSJ for their valuable time and input.

Michael Nguyen Photographer Jason McCormack Publications Coordinator Juliana Grego Advertising Sales Account Manager Jessica Lupton Editorial enquiries journal@lawsociety.com.au Classified Ads www.lawsociety.com.au/advertise Advertising enquiries advertising@lawsociety.com.au or 02 9926 0290 LSJ 170 Phillip Street Sydney NSW 2000 Australia Phone 02 9926 0333 Fax 02 9221 8541 DX 362 Sydney © 2016 e Law Society of New South Wales, ACN 000 000 699, ABN 98 696 304 966. Except as permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced without the speci c written permission of the Law Society of New South Wales. Opinions are not the o cial opinions of the Law Society unless expressly stated. e Law Society accepts no responsibility for the accuracy of any information contained in this journal and readers should rely upon their own enquiries in making decisions touching their own interest.

Claire Cha ey

Contributors

Ray Steinwell is General Counsel of Novartis Australia and New Zealand. He writes that the legal profession is the least culturally diverse in society and calls on enlightened leaders with courage to redress cultural inequality. Hot topic p24

Kate Allman is a journalist who studied media and law at the University of NSW. She joined the LSJ in 2015. In our cover story, she investigates justice reinvestment as a long- term solution to curbing

Dominic Rolfe is a Sydney journalist. In this issue, he interviews Australian Muslim advocate Mariam Zamir Veiszadeh, Westpac’s internal “Overall Woman of Influence 2015”, who says it’s time to celebrate di erence. Profile p38

Stephen Tully is a barrister at 6 St James’ Hall Chambers. He writes about the United Nations’ consideration of the rights of deaf people to serve on juries and examines how Australia

Cover photography: Jason McCormack

prison costs. Cover story p28

has fallen short. Discrimination p82

Have an idea? We would like to publish articles from a broad pool of expert members and we’re eager to hear your ideas regarding topics of interest to the profession. If you have an idea for an article, email a brief outline of your topic and angle to journal@lawsociety.com.au. Our team will consider your idea and pursue it with you further if we would like to publish it in the LSJ . We will provide editorial guidelines at this time. Please note that we no longer accept unsolicited articles.

NEXT ISSUE: 1 SEPTEMBER 2016

6 LSJ I ISSUE 25 I AUGUST 2016

President’smessage

T he NSW Government has recently announced its intention to overhaul Compulsory Third Party (CTP) motor accident insurance in order to deliver savings to Green Slip premiums. The reform package announced by the Minister for Innovation and Better Regulation, the Hon Victor Dominello MP, on 29 June contains a number of key features with which we have concerns. While so far the NSW Government has been thin on the finer detail, we know that only those with serious injury will have access to modified common law rights under the new scheme; that it will be a no-fault scheme for smaller claims, which has the potential to add more than 7,000 claimants and reduce payments for those not at fault; and that access to reasonable and necessary medical treatment and rehabilitation will be limited to five years for the majority of claims. The Law Society has strongly opposed the reforms as they stand. We

have proposed an alternative model to the Government’s CTP Reform Reference Panel that, whilst improving the efficiency of the scheme, would continue to deliver benefits to motorists and access to common law for all but very minor injuries. We will continue our representational work with the CTP Reform Reference Panel with the hope of ameliorating the harsher aspects of the proposed scheme while working to educate the community on the need for a fair CTP scheme. At the Regional Presidents Conference on 8 July, I had the opportunity to brief the Regional Presidents and launch a regional media campaign, which, with their support, will raise awareness of these proposed changes within the community. The important policy and representational work of the Society has continued on other fronts. This has included a weighty submission in response to the Australian Consumer Law Issues Paper, a submission on duty bracket creep aimed at addressing community concerns about housing affordability in NSW, and a submission on the proposed remake of the Young Offenders Regulation 2009. Our representation work on the sale of the Land and Property Information Service (LPI) also continues, and, while privatisation of the Titling and Registry Services unit of the LPI now seems likely, the Law Society will continue to work with government to ensure that appropriate checks and balances are built into the system for the protection of consumers. On the evening of 19 July, the Law Society hosted a large gathering of distinguished guests, including servicemen, families and descendants of servicemen, for the unveiling of the Roll of Honour. The Roll of Honour is inscribed with the names of 245 serving solicitors as well as 30 law clerks and articled clerks and 11 law students who were killed in the First World War. The timing of the unveiling was apt, given that 19 July, 2016 was the 100th anniversary of the Battle of Fromelles, the worst 24 hours in Australian military history, in which we suffered 5,533 casualties. The Roll of Honour will remind future generations of lawyers of the sacrifice of their forebears. I encourage you to view this impressive tribute, which is on level 3 of the Law Society building, or go to lawsociety.com.au/about/organisation/ history/HonourRoll/ where you will find a web version.

GARY ULMAN

8 LSJ I ISSUE 25 I AUGUST 2016

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ISSUE 25 I AUGUST 2016 I LSJ 9

Mailbag

LETTERS TO THE EDITOR

A vote of thanks Just a quick note to thank you for publishing such a wonderful article for the July Issue of the LSJ on the contribution of the legal profession to the World War One e ort. I really enjoyed it and it was fitting I opened it up today on the anniversary of the Battle of Fromelles. My only regret is I had not done so earlier and been aware of the unveiling of the Honour Roll memorial on 19 July as I would have loved to be in attendance. I looked up the LSJ online and also enjoyed your previous paper on Solicitors in WWI. As a practising solicitor and current Australian Army Reservist

(I am a member of the 5th Engineer Regiment – my trade skill being combat engineer), I could really relate to the volume of pro bono advice a orded to mates. I suppose some things will always remain the same. I am sometimes intrigued as to how many legal professionals are active in the Army Reserve. Well done once again on a great job. Mark Hicks, Legal Specialist, National Self Insurance, EML

the memorial Roll of Honour in place and so well received on such a significant date. You have obviously laboured long and hard to gather such a wealth of material and we enjoyed your article in the LSJ as well as the event program. Thank you for your kind references to Errol Wharton Kirke. The stories of the service and sacrifice of so many of the legal profession were enlightening. Congratulations on an amazing project brought to fruition and thank you for the opportunity to share such a significant event. Ian and Gai Hutchison

ISSUE24 JULY2016

ISSUE24 JULY2016

UPSETTINGAVERY DELICATEBALANCE ISTHENSWGOVERNMENTLEGISLATINGAWAY OURFUNDAMENTALRIGHTSANDFREEDOMS?

NEVERSAYNEVER LARISSABEHRENDTONBOWRAVILLE, COMMUNITYANDTHEPOWEROFSTORIES

AHUNDREDYEARSSINCEPAINANDMISERY SOLICITORS INTHEBATTLEOFTHESOMME JUDGINGABOOKBYITSWRINKLES ISAGEISMATWORKHOLDINGYOUBACK? AVERYDIFFICULTPILLTOSWALLOW WHYFESTIVALSNEEDDRUGCHECKING THEETHICSOFLAWFIRMINCORPORATION LESSONSFROMSLATER&GORDON’SWOES

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WRITETOUS: We would love to hear your views on the news. The author of our favourite letter, email or tweet each month will WIN LUNCH FOR FOUR at the Law Society dining room . E: letters@lawsociety.com.au Please note: we may not be able to publish all letters received. CONGRATULATIONS! Ian and Gai Hutchison have won lunch for four. Please email journal@lawsociety.com.au for instructions on how to claim your prize.

Inspirational service

Last night’s event was particularly enjoyable and it must have been gratifying to see

Features HISTORY

HISTORY

B y the end of1915, at least 150 solicitors, law clerks and studentshad enlisted for service overseas.Tenhad been killed in actionbefore the troopswithdrew fromGallipoli to reorganise inEgypt in early1916 for the nextphase of thewar. Solicitor JohnMaughanwas one of many thousandswhomade thehazardous voyage fromEgypt toMarseilles inFrance, then travelledby trainnorth to assemble forbattle on theWesternFront.He described the journey asbeing “really verypretty, (with) fruit trees especially just inblossom” and recalledhow the Australianboysdelighted in the “the fine old churches and cathedrals”with “just a glimpse of theEiffelTower and ofVersailles”. Lawyerswere risingup the ranks. Newlypromoted solicitorMajor BertieVanderleur Stacy replaced thoroughlyworn-out fellow Sydney solicitorLieutenantColonelCharles Macnaghten as officer commanding the FourthBattalion.Macnaghtennever recovered,mentally orphysically, fromhis experiences atGallipoli.Another solicitor, CaptainAdam James Simpson, the son of Justice Simpson,was alsoprovinghimself afine leader ofmen–workingwith a “fiery energy” topreparehismen forbattle –despite the facthehadbeenwounded, andhisbrotherGeorgehadbeen killed at Gallipoli.Themenneeded to trainhard because thenextphase of thewar entailed trenchwarfare against theGermans in France andBelgium. SolicitorLieutenantRobertClive Hunter, fromForbes,was a classmate ofAdam Simpson from the Sydney UniversityLaw School.Hunterhad survivedGallipoli thenhe, too,made

Thismonth the Law SocietyofNSWwillunveil anhonourboard commemorating solicitors, articledclerks and law students killed in action inWorldWar I. TONYCUNNEEN writes that the events surrounding theBattleof the Somme 100 years ago this monthwere a turningpoint.Warwouldbecome an interminable horror that split society, led togriefon amass scale and left a lastingmarkon theNSW legalprofession. Solicitors in action at the Battles of Fromelles and Pozieres, France, 1916

IMAGES:AUSTRALIANWARMEMORIALAND SAINTT IGNATIUS’RIVERVIEW

A longway from thecivilisedworldof the Sydney lawprecinct.Menof the 53rdBattalion, ledbybarrister LieutCol IgnatiusBertramNorris andcontaining anumberof lawyers, ready in thehours leadingup to theBattleof Fromelles. Only threemen from thisphoto survived, and theywerewounded.

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10 LSJ I ISSUE 25 I AUGUST 2016

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ISSUE 25 I AUGUST 2016 I LSJ 11

Briefs NEWS

Lawyers’ war servicehonoured

The Chief Justice of the Supreme Court of NSW, the Hon Tom Bathurst AC, launched a Roll of Honour to solicitors in World War One at the Law Society’s Phillip Street o ce on 19 July, the 100-year anniversary of the Battle of Fromelles. In World War One, 245 solicitors from NSW made the ultimate sacrifice along with 30 law clerks and articled clerks as well as 11 law students from NSW. The Chief Justice spoke of the incredible impact of World War One on the judiciary. Law Society Gary Ulman said the Roll of Honour was a tribute and permanent reminder of the courage and sacrifice of those whose names appeared on it. Ulman said: “Charles Bean, in his sixth and final volume of the O cial History of Australian in the First World War , best summed up the role of Australia’s solidiers when he said: ‘What these men did, nothing can alter now. The good and the bad, the greatness and smallness of their story will stand. Whatever of glory, it contains nothing now can lessen. It rises, as it will always rise, above

the mists of ages, a monument of the great-hearted men; and, for their nation, a possession forever’.” The Hon William Windeyer AM RFD ED, former judge of the Supreme Court of NSW, spoke of the important role solicitors played in World War One. Colonel Penny Cumming, Director of Army Legal Services, acknowledged the fallen before reading out the names of the solicitors killed in the war. A bugler played “The Last Post” before the attendees held a minute’s silence. The Roll of Honour was compiled with the help of historian Tony Cunneen by cross-referencing various lists of names in the NSW Law Almanacs from 1920 to 1930, the records of the Law Institute of NSW, individual War Service Records and the War Memorial in the NSW Old Supreme Court Building. The list covers country and city solicitors and includes men who were solicitors at the time of their enlistment and those who were admitted afterwards. It also lists law clerks, articled clerks and law students who died in the service of their country. See page 20 for more on this event or visit lawsociety.com. au/about/organisation/history/ HonourRoll/1068833 to read all the speeches from the event.

12 LSJ I ISSUE 25 I AUGUST 2016

NEWS

SENIORASSOCIATESLEADEXODUS ASFIRMNUMBERSSHRINK

Australia’s top-tier law firms are struggling to retain talent as senior associates are leaving to work inmore flexible in-house roles, according to The Australian Financial Review’ s recent Law Partnership survey. The bi-annual Law Partnership survey found that Herbert Smith Freehills, Gadens, Corrs Chambers Westgarth, Ashurst and HWL Ebsworth all lost senior associates in the past six months. Of the firms with more than 100 partners, only Clayton Utz, King & Wood Mallesons and Allens increased their senior associate numbers. The survey showed contraction has been

a trend for all law firms, as partner numbers have declined industry-wide amid increased competition from online legal services, accounting firms and legal contractors. Norton Rose Fulbright lost 10 partners and reported the highest attrition in fee earners, followed by Ashurst and Gadens. It was also noted that firms struggled to retain female talent in particular, as, although women made up 61 per cent of senior associate numbers, only 25 per cent of all law firm partners were women. Just one in three of the new legal partners appointed in the six months to 2 July were women.

Above: The Law Society of NSW’s new Roll of Honour to solicitors who served in World War One. Left, from top: Jenni and Gary Ulman with the Chief Justice Bathurst and Tony Cunneen, former judge William Windeyer, Doug Humphreys and Colonel Penny Cumming, bugler Louise Horwood, Magdalena Malota and Elias Yamine, Major Glenn Kolomeitz, John Pacchiarotta and Magistrate Michael Antrum.

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ISSUE 25 I AUGUST 2016 I LSJ 13

Briefs NEWS

ARCHITECTS RECOGNISE

Solicitorswinover barristers inGreatDebate

A teamof three solicitors claimed victory in the 2016 NSWYoung Lawyers Great Debate in June, by convincing judges of the affirmative in an argument over whether “winning is all that matters”. The annual contest was held on 23 June at Corrs Chambers Westgarth Lawyers and pitted the affirmative team of solicitors – Natalie Donnan, Rachel Thampapillai and Craig Holland – against a team of barristers including Christopher Parkin, Alexander Edwards and James Mack, who argued the negative view. Simon Johnson of Corrs Chambers Westgarth Lawyers and Jeremy Giles SC from 7 Wentworth Chambers judged what they said was a “close race”, but awarded the win to the solicitors. The result came down to humour, wit and eloquence – all of which the solicitors’ team dished up in spades, according to the judges. The barristers were consoled by the fact that their third speaker, James Mack, was awarded the prize for best orator on the night.

WINNINGDESIGN ATMINTERELLISON MinterEllison’s Sydney office has won the 2016 John Verge Award for Interior Architecture in the NSWArchitecture Awards. The jury of the Australian Institute of Architects, who presented the award, said the innovative workplace design provided “a new benchmark for the design of legal workplaces”. MinterEllison occupies the top eight levels of Governor Macquarie Tower in Sydney and was refurbished in May 2015 by BVN architectural firm. The new designers wanted to encourage movement and collaboration by building a central staircase linking all levels, as well as sit-to-stand desks at 80 per cent of work stations. The office also offers a communal space known as “the Plaza”, where employees can work together or privately in booths, quiet rooms, meeting tables or at the interior café. The jury noted that choosing to minimise material use by exposing concrete floors and ceilings “was bold for a legal workspace and reflects the progressive nature of the project and the client.”

50YEARSFORLAWASIA LAWASIA is celebrating its 50th birthday this year with the 29th Golden Jubilee conference to be held in Colombo, Sri Lanka, in August. Founded in 1966 by then president of the Law Council of Australia, J B Piggott CBE, Justice John Kerr, and P B

Toose QC, the organisation has a long, proud history. CEO of LAWSIA and the Law Society of NSW Michael Tidball said the 50-year jubilee was profoundly significant.

“LAWASIA provides a powerful meeting point for lawyers, judges and government stakeholders to gather around the rule of law and its advancement in this powerhouse region,” he said. ”The Law Society of NSW has had a close association with LAWASIA since its inception. The vision of the late Sir John Kerr was as honourable as it was remarkable. The 29th conferencece in Sri Lanka will bring together top Asian legal thinkers and jurists and will provide an great opportunities for Australian lawyers and the leaders of the profession to build networks and learn from each other. “LAWSIA is unique in that in its pursuit of the rule of law and its close relationship with promoting and advocating human rights issyues in the region as, well as the place of democratic structures and freedom of speech, ecomomins prosperity falls second to these great ideals,” said Tidball. “Fifty years on we appreciate more than ever thatthere is so much we can learn from other legal associations and nations who are represented in the LAWASIA family. “LAWASIA provides a powerful meeting point for lawyers, judges and government stakeholders to gather around the rule of law and its advancement in this powerhouse region.” MICHAEL TIDBALL, CEO

14 LSJ I ISSUE 25 I AUGUST 2016

NEWS

EDSANTOW FAREWELL

Small Business Conference

The new Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, will be among a selection of business leaders at the 2016 Small Business: Still the Centre of Attention conference on 25 August. Bruce Billson, former Federal Small Business Minister and now executive chair of the Franchising Council of Australia, the Deputy Chair of the Australian Competition and Consumer Commission, Michael Shaper, and Geo Mulherin, the director of the Law and Justice Foundation, will also speak. Registrations are still open. Visit lawsociety.com.au/SME to find out more .

The newHuman Rights Commissioner, Ed Santow, was farewelled fromhis role as chief executive o cer at the Public Interest Advocacy Centre at an event at the Law Society on 27 June. Santow referred to one of his first cases at PIAC, that of Scarlett Finney a school girl with “big curly locks and a big personality” who “also happened to have spina bifida”. “Through prejudice and ignorance, the Hills Grammar School refused to enrol her,” Santow said. “PIAC worked with Scarlett and her parents to challenge this in court. Not just because it was discriminatory – though of course it was. Not just because it was unlawful – though it was that too. But because it was just plain wrong. If given the chance, Scarlett could have thrived in that school’s environment.” photographs of the event.

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ISSUE 25 I AUGUST 2016 I LSJ 15

Briefs NEWS

mind your ethics

Cross-examination Test your legal knowledge ...

TIPS AND TRICKS FOR PLAYING BY THE RULES ...

1.

What does the letter “R” stand for in criminal proceedings?

AFOOLFORACLIENT

2.

What section of the Constitution lists the grounds for disqualification for candidates for election to Parliament?

BY LINDEN BARNES, ETHICS SOLICITOR

No, this is not a defamatory statement about certain clients, the ones who do not take our advice and seem to be making rather unfortunate decisions. After all, where the law allows it, they can do as they like. We are there to tell them what their legal position is, not make their decisions for them. Rather, this is about when we take on ourselves as a client. Whether this is due to pride or purse, the effect is the same. We are on the road to difficulties because we lack the necessary independence from our matter. Indeed, we could be in breach of Rule 4 which requires us to “avoid any compromise to … [our] professional independence”. If we move one step away and act for family or friends – is it any better? Are we still a fool? In many instances, yes we are. The independence issue is still there, but with an overlay of possible conflicts of our own interests with those of our client. What if we stand to benefit from the document we are drafting? Rule 12 says we cannot have a conflict between ourselves or an associate (which includes family), and our client. Could we give evidence about the care our sibling gives to their children? Look at Rule 27 and the difficulties with being a witness and a lawyer at once. And then we have Rule 8 requiring competent instructions. How hard would it be to tell our parent that they lacked capacity to instruct us? Don’t let us pick our clients foolishly. PROFESSIONALNOTICES On 30 June 2016 and pursuant to s.327(2)(b)(ii) of the Legal Profession Uniform Law (NSW), the Council of the Law Society appointed Richard Gerard Flynn, solicitor, as manager of the law practice formerly known as McMurchie & Company for a period of two years. On 16 June 2016 and pursuant to s.327(2)(b)(ii) of the Legal Profession Uniform Law (NSW), the Council of the Law Society appointed Richard Stephen Savage, solicitor, as manager of the law practice formerly known as DC Legal Pty Limited for a period of two years.

3.

Who recently took over as the new British Prime Minister?

4. What is the name of the European Union (EU) treaty that governs the process of a country leaving the EU, such as Brexit? How long will the Brexit process take once the relevant treaty article has been invoked? Name the popular new phone game app that sent Nintendo shares skyrocketing just days after it was launched last month? Which two countries were recently involved in a sovereignty dispute over the South China Sea? What is the speed limit for road vehicles in the Sydney CBD? The offence formerly known as common law rape goes by what legal name in the Crimes Act 1900 (NSW)? 10. What is the maximum jail sentence for drink driving in NSW? Answers on page 65. 5. 6. 7. 8. 9.

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NEWS

CLAIRE MARTIN Claire Martin sold her $510,000 one-bedroom apartment in Sydney in June without touching a single piece of paper. Head of the property team at Kreisson Legal and Vice-Chair of the NSW Young Lawyers Property Law Committee, Martin, 35, is the first person in Australia to execute a completely paperless property sale. She explains the significance of the transaction to KATE ALLMAN . six minutes with

What motivated you to execute Australia’s first paperless property transaction? I’ve been working in the property law industry since I was 19, when I started as a clerk at Hazlett & Co. I’ve done thousands of property settlements and I believe e-contracts are the way of the future. A paperless property sale is an idea that has been talked about since I started conveyancing, and I wanted to see it come into fruition. I’m doing a thesis for my Masters in Property Law on the impact of technology on conveyancing and I wanted to see how far I could push it to make a sale totally paperless. I had an investment property in Dee Why that needed to be renovated or sold, so I decided to sell it and make the sale completely paperless. Howdid youmanage to do everything online? The e-contract was created with InfoTrack, we exchanged the contract through the Federal Government’s national electronic conveyancing database, PEXA, and the parties signed the contract with e-signature technology through DocuSign. I only dealt with the agent, bank and purchaser electronically. At one stage, I sent an email to strata and they responded saying they would only accept payment by cheque. I wrote back saying, “It’s 2016 – I don’t have a cheque book!” Eventually they sent me back an invoice that I could BPay.

Howwill this affect conveyancing? I think this is going to speed things up a lot. You can now prepare a contract and have it out within an hour – rather than waiting up to 10 days for councils to send certificates, then manually draft the contract and even exchange it in person. I’m looking at a matter today where I’m the acting solicitor working in the city and the vendor is in the Blue Mountains. By the time the bank gives us approval, which is due at 3pm, there’s no way I could drive up to the Blue Mountains, exchange contracts and be back here to do everything else I need to do by the end of the day. E-conveyancing takes away geographical limits. I’ve got clients who have bought houses in Austin, Texas, by signing paperless contracts in Sydney. Are there any concerns with the process? I’ve had a few phone calls from older solicitors saying, “What happens if you go to court? How do you prove that the contract was entered into? What contract does the judge actually look at?” I tell them that the contract is just one document in the cloud; that all parties had the same document to sign, and that eliminates potential errors involved with physically exchanging a 300-page contract. You aren’t losing pages and so on. The cloud holds all the metadata of who signed, what security levels were in place and where the document was signed. I’m pretty sure that courts have computers that can open PDFs, so judges will be able to read everything just like a paper contract.

ISSUE 25 I AUGUST 2016 I LSJ 17

Briefs CAREER MOVES

MEMBERS ON THE

EMMAWILSON Joined as Lawyer Milevski Family Lawyers

KATEMACDONALD Joined as Associate Milevski Family Lawyers

BELINDACROSBIE Appointed as Partner Nexus Law Group, Newcastle

MIRANDANAGY Promoted to Principal, Class Actions Maurice Blackburn, Sydney

CATHERINEMOON Promoted to Associate, Property Law Carneys Lawyers

JOEDENINA Promoted to Associate, Commercial Litigation Carneys Lawyers

JAMESDELESCLEFS Joined as Partner, Legal Services team PwC Australia, Sydney

DAVIDARMSTRONG Commenced as Principal Armstrong Law Partners

GEORGINAODELL Promoted to Special Counsel Meridian Lawyers, Sydney

MITCHELLSTEIN Promoted to Senior Associate Meridian Lawyers, Sydney

JOHN-PAULMONCK Appointed as Consulting Principal Nexus Law Group, Sydney

CLAREPEACOCK Now in sole practice Northern Beaches Construction Lawyers

Know someone with a new position? Email us the details and a photograph (at least 1MB) at: journal@lawsociety.com.au

18 LSJ I ISSUE 25 I AUGUST 2016

CAREER MOVES

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RAHULLACHMAN Promoted to Partner, Commercial Marsdens Law Group

BENWONG Promoted to Partner, Property Marsdens Law Group

JOHNSCHMIDT Appointed as NSW Electoral Commissioner NSW Government

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HENRYSILVESTER Joined as Partner Barry.Nilsson., Sydney

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JULIANSCHIMMEL Promoted to Principal, Class Actions Maurice Blackburn, Sydney

ANNAWILLIAMS Promoted to Senior Associate, Class Actions Maurice Blackburn, Sydney

OSCARMCLAREN Promoted to Senior Associate, Class Actions Maurice Blackburn, Sydney

JENICALIM YOUNG Promoted to Associate, Medical Negligence Maurice Blackburn, Sydney

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ISSUE 25 I AUGUST 2016 I LSJ 19

Briefs HISTORY

What these mendid, nothing can alter now

Law Society President GARY ULMAN welcomed a packed room of judges, solicitors and relatives of those whose names appear on a new Roll of Honour to recognise the service of NSW solicitors in World War One. In this extract from his address at the unveiling of the Roll of Honour on 19 July, Ulman commends the war service of members of the profession.

PHOTOGRAPHY: CHRIS GLEISNER

a highly trained staff. If the preparations for it, intentionally made obvious, had lasted longer, they might have effected their objects as long as the attack was not actually launched.” The exact number of Australians lost in one night in the Battle of Fromelles, as it became known, was 5,533. Of that number, about 2,000 died. Among those who fell were Lieutenant George Ernest Allan, a 23-year-old law clerk from Bondi, and Clarence Timbrell Collier 22-year-old solicitor from Roseville. The Australian toll was equivalent to our total Australian casualties in the Boer War, Korean War, and Vietnam War put together. Our losses at Fromelles were grievous and catastrophic. The Australian Fifth Division was effectively wiped out as a fighting force. Brigadier “Pompey” Elliott, a Brigade commander of the attacking force, is recorded as having wept after the attack,

saying, “What have they done to my boys?”

It has now just gone 6pm on 19 July, 2016. At 6pm on 19 July 1916, soldiers of the 5th Division of the AIF “went over the top” and launched an attack on the German lines towards the village of Fromelles. It was intended as a feint to keep German reserves away from the Somme battlefield. Within the German lines was the Sugarloaf salient, a heavily manned position that jutted towards the Australian and British lines. The attack was a disaster. By 6.15 that evening, the first attacking waves of Australians had already been decimated by German machine gun fire. As official war correspondent and historian, Charles Bean, described it: “The tragedy of Fromelles, in which a division of the AIF lost 5,300 men mostly in a single night, was due to muddled thinking by

I visited Fromelles in 2009 when the process of exhuming and identifying those Australian and British soldiers who had been buried in a mass grave at Pheasant Wood following the battle was underway. It was clear to me then, as I saw the white tents in the distance, how immense and painstaking was the task occupying the team of forensic archaeologists and anthropologist – a tireless effort dedicated to the memory of those who died. And I was moved by the experience of standing at the entrance to the field not far away that would soon become the site where the lost Diggers of Fromelles would finally be laid to rest. And so it is in this same spirit of abiding memory of those from our profession who served, not only at Fromelles but elsewhere during the First World War that we unveil tonight this Roll of Honour.

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HISTORY

“What thesemen did nothing can alter now. The good and the bad, the greatness and smallness of glory it contains, nothing can now lessen. It rises, as it will always rise, above the mists of ages: a monument to great-hearted men; and, for their nation, a possession forever.” C.E.W. BEAN, HISTORIAN & OFFICIAL AUSTRALIAN CORRESPONDENT IN THE FIRST WORLD WAR their story will stand. Whatever of

Lawyers have made significant contribution to the Australian military. This involvement dates back prior to Federation and continued into the two World Wars and to present conflicts. When war broke out in 1914, lawyers from various parts of NSW joined up. They were all volunteers. Most were remarkably young. Many had only recently been admitted as solicitors. A number were well into their 40s, an age when they could understandably have been excused from enlisting but, nevertheless chose to do so. Many law clerks and articled clerks as well as law students from the University of Sydney, the only university in the State at that time, also enlisted. They were men motivated by service to King and Country and, perhaps, the prospect of some adventure as well. But they were all, I am sure, looking forward to a career in the law once the war was over. Lawyers have always been natural leaders within our community. And for some, these leadership skills translated to the roles they took during the war. Others served within the ranks, as frontline soldiers, or in the Australian Medical Corps as stretcher-bearers. Others were in the artillery, the navy and the Flying Corps. These were men just like 20-year-old law clerk, John Maddox, who enlisted in May 1915 and served as a stretcher bearer, as did 22-year-old Eugene Sullivan, also a law clerk, who joined up in October 1915. Maddox kept a diary throughout his war service, which stretched from May 1915 to June 1919. Thanks to Ron Heinrich, former Law Society President, I have been fortunate to have read the diary. In it, the first entry reads: “On May 13, 1915 I enlisted in the A.I.F. but owing to Father’s prejudice against my joining a fighting unit had to go to the AMC.” Little did Maddox or his father realise at the time that the duties of stretcher bearer were amongst the most dangerous throughout the war. Maddox went on to serve at Gallipoli and the Western front, including at the Battles of Pozieres and Mouquet Farm. He was twice wounded. The final entry in his diary after four long years of war service, reads:

“June 11. After slow voyage we arrived inside Sydney Heads at 7am and there saw the best sight of my travels. The beauty of the harbour improves after nearly four years absence.” After returning from the war, John Maddox qualified as a solicitor and was made a partner in the firm that was to be known as Tress Cox & Maddox, now TressCox. He also re-enlisted during the Second World War. Eugene Sullivan’s story in the First World War is recorded in Michael Caulfield’s book The Unknown Anzacs . In it Caulfield says: “Eugene did not make it to Gallipoli but he did serve on the Western Front. In a letter to his parents just before Passchendaele, he wrote: “I don’t like writing about the war or my own experience at the front as I know you are quite anxious about my welfare as it is, and constant references to the risks and dangers which anyone at the front must encounter will only serve to heighten your anxiety ... Well I believe the end will be in sight by Xmas and I fervently pray that it may. I must now close as we have received orders to move back to the trenches first thing in the morning. With best of love to all at home and next door Your loving son Eugene.” Eugene Sullivan was an unarmed stretcher bearer. He was shot in the chest on 17 October, 1917, and died at a casualty clearing station.” After the war, the survivors returned to the legal profession, nursing physical and psychological reminders of the horrors they witnessed. Some became active in the Returned Service League and other veterans’ associations. The broader legal fraternity was not only active abroad, on the battlefield, but showed enormous support for the war effort on the home front. One of the most important ways in which this support was manifested was through the Red Cross, an organisation that many of Sydney’s legal families supported.

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Briefs HISTORY

Mooy, Emma Primett of ABEO Design, who designed this magnificent Roll of Honour that we will be unveiling this evening, and Law Society Chief Executive Officer Michael Tidball, whose acceptance of the idea for a Roll of Honour was instantaneous and his support for it unswerving. To each of you, thank you. It was my great privilege to have worked with you on this project and you should feel immensely proud of what is a very fine achievement. I want to leave the last word from me this evening to Charles Bean. As many of you would know, Bean was Australia’s official correspondent during the war and he later wrote the first six volumes of the Official History of Australia in the War of 1914 – 1918 covering the conflict at Gallipoli and in France. Bean’s work did much to shape the ANZAC spirit out of Australia’s war experience and so we felt it was fitting to look to him for the words that best describe and pay tribute to those whose names appear on the Roll of Honour. The words, which I am about to read, are taken from the final paragraph on the last page of the sixth volume of Bean’s work, and have been inscribed on the Roll of Honour. They read as follows: “What these men did nothing can alter now. The good and the bad, the greatness and smallness of their story will stand. Whatever of glory it contains, nothing can now lessen. It rises, as it will always rise, above the mists of ages: a monument to great- hearted men; and, for their nation, a possession forever.”

employees and partners also served a century ago. Can I say to each of you, we are honoured to have you join us tonight. Your engagement with this initiative is testament to the fact that the relatives and firms of those who served, have indeed kept faith with those brave servicemen. Rest assured, they are remembered and, through them, you will always be a link to the Law Society. I would also like take this opportunity to express on behalf of the Society my sincere thanks to you, Chief Justice, for accepting our invitation to participate in what is, for the Society, an historic and most important event. It is indeed a great honour for us that you have agreed to speak on this occasion and to unveil the Roll of Honour. To Bill Windeyer, I am absolutory delighted that you are able to join us. Bill, you are held in high esteem by the Society for your work as president and for your later judicial career, and we greatly value your contribution to tonight. Of course this evening’s event would not have been possible were it not for the contributions of some very dedicated and enthusiastic people. It is through their efforts that the germ of an idea took root last year and now manifests itself in the Roll of Honour that is about to be unveiled. They are Tony Cunneen, whose knowledge of military history and painstaking research was simply outstanding, former Law Society President Ros Everett, Law Society Junior Vice-President Doug Humphreys, Magdalena Malota, the Law Society’s Executive Manager who, with extraordinary calm and professionalism has kept the entire project coordinated and on track, former Law Society Councillor Robert

The Wounded and Missing Persons Information Bureau which the Red Cross formed in this State was a particularly essential link for the children, siblings or parents of those fighting overseas. As we acknowledge and remember the events of what was described as “the war to end all wars”, it is only fitting that the Law Society should now record in a meaningful way the great courage and the enormous sacrifice of so many who were such an important part of our profession all those years ago. The Roll of Honour, which is being unveiled this evening, is made up of three elements. The first records the names of those NSW solicitors who served and, in some cases died, during the war. The second records the names of the law clerks and articled clerks who were killed in action, while the third similarly records the names of those law students from Sydney University who made the ultimate sacrifice during the conflict. Just as it is the symbolic custodian of the best values of the legal profession – ethical service, adherence to the rule of law, and our duties to court and client – the Law Society is now honoured and humbled to be the physical custodian of this Roll of Honour. Inscribed as it is, with the names of those who served and died, it is now very much a sacred document that will represent a living legacy and reminder to future generations of solicitors who pass through this place of the courage and sacrifice of those who have gone before us. Tonight I am so pleased to have with us a number of the relatives of those whose names appear on the Roll of Honour as well as representatives of some of the firms whose former

Solicitors are invited to view the Roll of Honour on level 3 of 170 Phillip Street, Sydney, during business hours.

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