LSJ March 2017
AUSTRALIA’S GREATEST REFUGEE CHALLENGE AND THE SOLICITORS STEPPING UP TO MEET IT
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ISSUE 30 I FEBRUARY 2017 I LSJ 3
24 OPENINGOFLAWTERM Chief Justice of NSW Tom Bathurst AC has asked the profession to work on improving equal access to the law for people of diverse backgrounds 26 HOTTOPIC A former ice addict tells her compelling story of life in prison and the treatment program that saved her life 28 COVERSTORY Record numbers of refugees are arriving in NSW from Syria. Meet the team of solicitors on the frontline of their transition
34 PROFILE Claire Cha ey speaks to new NSW Attorney-General Mark Speakman about his plans to brighten the future of our justice system 42 ASKFIONA How do you deal with noise distractions in an open-plan o ce? Career expert Fiona Craig shares her tips 48 ADAY INTHELIFE Former banking lawyer Cathie Armour takes Jane Southward through her work as head of ASIC
52 LIFEOUTSIDETHELAW Lucy Zheng started playing the double bass as a child and tells how she combines her passion for music with a legal career 54 HEALTH Cutting back on sleep to fit more work into your day is hurting – not helping – your performance, writes Thea O’Connor 62 LUXURYTRAVEL Looking for a Pacific escape with stunning snorkelling, crayfish and an afternoon snooze? Claire Cha ey found it in the Solomon Islands
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51 LIBRARYADDITIONS 56 PSYCHE
8 PRESIDENT’SMESSAGE 10 MAILBAG 12 NEWS 18 CAREERMOVES Who moved where this month 21 EXPERTWITLESS 21 THE LSJ QUIZ 22 OUT AND ABOUT 38 FEATURE
68 ADVOCACY: THE LATEST IN LAW REFORM
71 INTERNATIONAL: THE LATEST IN THE BREXIT SAGA
Practical ways to use mindfulness to boost performance
74 RISK: CLARIFYNG THE SCOPE OF YOUR RETAINER
76 IP: IT’S TIME TO PAY FOR WHAT YOU WATCH
Five apps worth the download
78 HIGHCOURT: HISTORIC SWEARING IN OF KIEFEL CJ
80 HUMANRIGHTS: AUSTRALIA & THE DEATH PENALTY
Discover the pristine Solomon Islands and the must-dos when visiting its capital
82 PRIVACY: LANDMARK DECISION ON PERSONAL INFO
84 TAXATION: TAX STINGS &GST TALESOFWOE
The Law and Justice Foundation turns 50 this year Accredited Specialist Bill Madden tells why he enjoys specialising in medical negligence
85 INSURANCE: BLAMELESS ACCIDENTS
Book reviews, events and our movie giveaway
86 CRIMINAL: INTERLOCUTORY APPEALS TO THE CCA
66 NON-BILLABLES Yarns we can’t bill for 106 AVIDFORSCANDAL Have a laugh at our new column
88 FAMILY: COLLABORATIVE LAW
90 CIVIL RIGHTS : ENSURING OUR RIGHT TO PROTEST
92 CASENOTES: HCA, FCA, FAMILY, CRIMINAL & WILLS
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ISSUE 30 I FEBRUARY 2017 I LSJ 3
A WORD FROM THEEDITOR
I can’t help but feel heartbroken when I look at this edition’s cover. e photograph was taken in a refugee camp in Lebanon – a camp lled with Syrian families eeing the horror of civil war and the brutality of the so-called Islamic State. e fact is, though, that after years of seeing images of refugees pouring out of an obliterated Aleppo – many of them children – we have become increasingly desensitised to the pain and su ering of others. I can’t help but wonder whether this, along with fears of terrorism and a global move towards isolationism, is driving what seems to be a dialogue
Managing Editor Claire Cha ey Associate Editor
Jane Southward Legal Editor Klara Major Assistant Legal Editor Jacquie Mancy-Stuhl Senior Writer
on refugees that distinctly lacks humanity. It is, then, so very refreshing to read about a resource that has been established with the sole purpose of reaching out to help refugees coming to NSW from Iraq and Syria. e cover story on page 28 takes a much-needed positive angle on the refugee issue and examines the work and mandate of a new Legal Aid service established speci cally to assist thousands of incoming refugees. e service is sta ed by a team of culturally diverse lawyers, some of whom arrived in Sydney as refugees themselves. Our story also points out opportunities for other lawyers to get involved and outlines what the legal profession can do to smooth the transition from refugee to Australian resident. It’s a welcome breath of fresh air.
Lynn Elsey Reporter Kate Allman Art Director Andy Raubinger Graphic Designer
Michael Nguyen Photographer Jason McCormack Publications Coordinator Juliana Grego Advertising Sales Account Manager Jessica Lupton Editorial enquiries firstname.lastname@example.org Classified Ads www.lawsociety.com.au/advertise Advertising enquiries email@example.com or 02 9926 0290 LSJ 170 Phillip Street Sydney NSW 2000 Australia Phone 02 9926 0333 Fax 02 9221 8541 DX 362 Sydney © 2017 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
Thea O’Connor is a freelance writer, coach and presenter who focuses on the
Bianca Amoranto spent eight years in and out of prison for crimes involving drugs and stealing. In a brave personal account, she writes about how she fell into crime and the program that helped her resume a normal life. Hot topic p26
Dominic Rolfe is a Sydney journalist and former Deputy Editor of sydney magazine . Dom writes about the important work of the new team from Legal Aid NSW who will be handling the legal issues of 6,000 new Syrian refugees expected in NSW by July. Cover story p28
Alanna Van der Veen is a registrar of the Court of Criminal Appeal and Bails. She tackles the issue of interlocutory appeals to the Court of Criminal Appeal and considerations of
intersection of health and business. In this issue, she o ers some ideas and new research about the power of sleep for health and performance. Health p54
Cover photograph: Ahmad Sabra
competency. Criminal law p86
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 firstname.lastname@example.org. 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 APRIL 2017
6 LSJ I ISSUE 31 I MARCH 2017
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would like to take this opportunity to provide more detail on ways the Law Society will be seeking to engage with members and the wider community on priority areas for my presidential year. This includes a CPD session and Thought Leadership forum on the issue of asylum seekers in the coming months. This important session will cover legislative and policy reforms and discussions with government on a refugee support scheme. Rule of law considerations also remain a high priority and, with the new Public Law Committee, the Law Society will focus on policy and practice issues in relation to the rule of law and separation of powers, as well as engaging with the Law Council on its inquiry into access to justice. We are also refreshing and updating the Society’s “Know Your Rights” brochures, which are a valuable community resource. There is also an exciting online initiative underway, but more on that next month!
The reduction of Indigenous incarceration rates remains a priority for the Law Society and one that I ampersonally keen to progress. To this end, the Law Society is engaged in a number of initiatives that we hope will bring reforms in this area. These include the Just Reinvest NSW process of developing proposals for legislative and policy reform to reduce the rising prison population in NSW, particularly for Indigenous people. We are also looking at ways to expand our pro bono scheme for Indigenous businesses so they can access legal advice more easily. I mentioned in my February LSJ message that throughout the year we will be finding creative ways to raise funds for my chosen charity for the year, Bara Barang Corporation Ltd (barabarang.com.au). In recognition of the artistic talent that exists in the legal profession, the Law Society soon will launch two competitions on the theme of justice. These are Just Music, which is a song writing competition culminating in a concert, and Just Art, an art competition on the same theme that will culminate in a public exhibition. With so much artistic talent in the profession, I expect these two events will be a great success. You can read more about these on page 14. On 28 March, the Law Society will launch the final report from the Future of Law and Innovation in the Profession (FLIP) Commission of Inquiry. The commission conducted interviews over eight months from May to December 2016, hearing from more than 100 individuals on eight different topics. The full report and recommendations will be made available online and I will be providing updates in the coming months on progress on the recommendations. I am attempting to engage more directly with members this year and, to this end, there is now a Law Society of NSW President Twitter handle @LSNSW_President. I will be regularly updating the account with useful news and commentary on current events that have a legal focus, so I encourage you to connect. Finally, I would like to remind members that the CPD year comes to a close on 31 March. It is important, if you have not yet attained your professional development units for the year, to have a look at the Law Society’s program of seminars, which includes a mix of offerings to assist you in meeting the requirements. A full program is available online at lawsociety.com.au/events
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ISSUE 31 I MARCH 2017 I LSJ 9
LETTERS TO THE EDITOR
Conveyancing the kiwi way I have just spent four years practising in New
with help from the widow of her brother Wally, and friends Frank Lethbridge and Andrew Melville. All female lawyers have had it tough. From my experience, there are two classes of male lawyers – those who act like gentlemen towards us and those who treat us like dirt. Ultimately, I came to the conclusion that attack was the only form of defence and I did my best to give them back some of their own. I don’t think they liked it. I always put my children first and I believed I had a duty to help the poor, as my father did. I was never paid the same salary as a male lawyer. I retired at 79 and, having had a stroke which affected my vision, I can’t be sure about subjects such as hours worked and female attire. There were times when I worked long hours, without pay, and I’ve always advocated that female lawyers should dress femininely and not in black. Very early on I became aware that more lawyers die of heart disease than any other profession. I have fought successfully against any other member of my family becoming a lawyer and when a youngster asks me for advice, I always suggest that they keep their options open. Nevertheless, when I look at young male lawyers, I reckon they have little to cry about. Patricia Strachan (nee Angel), Thurgoona Gender debate In response to Brendan Manning’s letter published in the LSJ (Dec 2016), the answers to your questions are YES – women have a special disability that you appear to be unaware of (patriotism) and
The Law Society of New Zealand (NZLS) also has an arrangement with the banks whereby a purchaser can deposit money into a lawyer’s trust account and, once it is cleared, at settlement the funds can be transferred to the vendor’s lawyer’s trust account as “cleared funds”. As this is done by EFT the transaction is almost instantaneous. If the vendor is then buying, these funds along with any mortgage funds can also be transferred as “cleared funds” and so on, so much cheaper and easier. The Society could ask the banks in NSW to have a similar arrangement. After all, the four major banks in New Zealand are all owned by the four major banks in Australia. With respect to the State Government selling the rights to operate the Land Titles Office: the first thing that will happen is that the fees will rise, the second is that the services will reduce, the third is that registrations will take longer, and the fourth is that all owners of real estate will need to take out title insurance. The State Government is not going to make home buying cheaper by “selling off” the LTO. Adrian Kimber Themeaning of woe A young male lawyer shouldn’t know the meaning of the word woe. He’s been given it all on a platter already. I am a female and was a lawyer for 62 years. I never received assistance from the Law Society to advance my career. I was the second female lawyer on the Murray. The first was Jess Hargrave of Yarrawonga and she had it tough. Some years ago I wrote the story of her life,
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Zealand and was astounded at how easy and efficient it was to convey a property. At the heart of the system are three basic services which could – and dare I say should – be adopted in Australia. The first is that any party, including government, that has or is contemplating any acquisition or right over a property must advise the local government body (local council), which will then include this in the Land Information Memorandum (LIM) relating to that property. The LIM is a document that has all the information available about the property, including the development applications, approved, completed, expired, purchaser needs to know. The result is that there is no need for searches of a multitude of government agencies or other bodies that have statutory rights to affect the land a purchaser is intending to buy. The cost of a LIM is different for each council but Auckland Council charges $275. The LIM is sent by email and takes about three or four working days. The effect of this is that the cost of purchasing a home in NZ is far cheaper than NSW Society should lobby the State Government to adopt a similar system, which would assist in reducing the cost of buying a home. the approved buildings on the land, flood/tide/ subsidence appraisals, type of substructure, rates – in fact everything a prospective and settlement is usually quicker. I think the Law
HOWFIVELAWGRADUATESTURNEDTHEIR DEGREES INTONON-LEGALSUCCESSSTORIES
ANUNSUNGHERO MARKTEDESCHIQCTELLSTHETALE OFANUNKNOWNLEGALPIONEER
AFRESHPERSPECTIVEONJUSTICE MEETTHENEWLAWSOCIETYPRESIDENT WHENCHILDRENLIVEBEHINDBARS INSIDEAMOTHER’SPRISONFACILITY STARTINGTHEYEARINACAREERRUT? HOWYOUCANDIGYOURSELFOUT THEGREATSECTION18CRACEDEBATE DISPELLINGTHEMISCONCEPTIONS
WRITETOUS: We would love to hear your views. The author of our favourite letter, email or tweet each month will WINLUNCHFORFOUR at the Law Society dining room. E: firstname.lastname@example.org Please note: letters may be edited for length and clarity and we may not be able to publish all letters received. CONGRATULATIONS! AdrianKimber has won lunch for four. Please email email@example.com for instructions on how to claim your prize.
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policies – as key ministers claim the US President is ‘fulfilling an election promise’. Foreign Minister Julie Bishop has confirmed Australia will support Donald Trump. She said Australia would support the US government’s new immigration policies The Law Society consistently supports equal rights for women, champions justice for those less able to stand up for themselves, and similar laudable concepts. To indirectly support Islamophobia, bigotry and discrimination by holding out those who champion such attitudes, no matter what the sideline achievements, is not acceptable. I was appalled when I saw the cover, and I remain sickened. David Boundy Where are the senior women? Upon entry into the legal profession, you may frequently hear that gender is irrelevant, the gender pay gap is a myth, success is based on merit or the numbers of women lawyers in equity partnership and at the Bar will eventually be equal to the numbers of men once the female law graduates make their way up the pipeline. As representatives for women lawyers in New South Wales, the Women Lawyers’ Association of NSW ( WLANSW ) fervently hopes for the day when these statements are in fact true. The WLANSW believes that a career’s lifespan is long and that a career path may not move forward in a linear fashion the entire time. We strongly object to blatantly unfair commentary that “having children is a lifestyle
YES (although I can’t speak for the Law Society) I am fairly certain it is the Law Society’s intention to discriminate in favour of women in the legal professional. The first question, “Could you please tell me what disadvantage they [women] are under that requires special treatment to ensure their success?” – requires a slightly fuller answer. There are several contributors to the gender pay gap phenomenon, both direct and indirect. Directly, some women are paid less for doing the same work and the same hours to the same ability as their male counterparts. This still occurs and I can attest to it. Indirectly, all of the following affect the gender pay gap: • The lower status of female- dominated industries, such as nursing and teaching • The fact women are still more likely to take on the bulk of unpaid primary care of children, coupled with the lack of part-time or flexible working arrangements • Indirect discrimination such as perception/unconscious sexism • Domestic violence (at home) and sexual harassment (at work) • Unwillingness to push for a higher wage: women who push for higher wages are perceived as “aggressive” and “difficult” and run the risk of losing their jobs • The human element – like will employ like – and it’s men who are mostly making the employment decisions • Women of child-bearing years are perceived to be a greater risk to the organisations as they may
by the implications of a breach of this warranty. How would CA prove a breach? Could CA terminate the contract or perhaps claim damages? What would be the measure of its damage – the cost of hiring a replacement for the duration of the confinement? Isn’t that why they have a squad of players? Pretty silly really. David Grinston, Crows Nest Themeaning of respect I can only assume that Thomas Spohr (Dec 2016) does not understand the concept of respect. A member of the public who attends court in his best thongs is still submitting to the authority of the court. A person who refuses to stand as a political demonstration that he or she does not recognise the authority of the court on religious or other grounds is an entirely different matter. Mr Spohr seems to be of the view that persons who deliberately disrespect the court tend to be “not all there”. With respect (pun intended), I disagree. Persons who flout the court rules to demonstrate that they are not subject to the laws of this nation ought to face penalties. As deportation seems not to be acceptable to many, 14 days imprisonment will suffice. Sarah Perkins, solicitor Not a Bishop fan We went from “Boy Soldier” on one cover to “Fascist” on the next. Could we not spend just a little time considering the consequences of your choices? Australia SUPPORTS Donald
have children and require maternity leave and are therefore less likely to be promoted. When you consider that girls persistently do better than boys at school and university and often start their careers more highly qualified than men, you must ask the question, what happens after that point? The above goes some way to answer that question. While I understand Mr Manning is after hard statistics to support these claims, the reality is that the form the evidence takes is both statistical and sociological. The sociological aspect is less immediate than the statistical. It requires a person to read the literature out there and to use reasoning to reach conclusions rather than drawing instantaneous meaning as one does with a statistic. To understand where the gender pay gap is generated is to understand how our patriarchal society operates as a whole and the varying stresses and factors that operate together to create a gender gap outcome. Additionally, the effects of patriarchy can be subtle and insidious, a person is unlikely to notice or feel those effects unless they are directly
affected by them. Nikita Robertson solicitor, Wollongong
Proving a breach Cricket Australia (CA)
reportedly asks female players to warrant that “to the best of their knowledge” they are not pregnant at the contract date. Putting aside the question of discrimination, which I leave to more qualified commentators, I’m intrigued
Trump’s Muslim visa ban and tough border control
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LETTERS TO THE EDITOR CONTINUED
clients, based on standards of integrity, respect and courtesy – standards which my fellow practitioners are entitled to expect; these obligations distinguish our profession from other jobs. Yes, my office closes, but I have a list of people who have placed their trust in me, who need me. Yes, my office answering machine message is replaced with the standard holiday greeting, my email is set to auto reply, but I am here, I will call you back, I will reply to your email. Because that is what I swore to do when I joined this profession. Alexia Ereboni Yazdani A nuclear issue It’s almost as though Mr Spohr made a conscious decision not to mention Muslims! No, that couldn’t be; singling out a particular religious group has never ended badly. At least Mr Cox recognised the article was “whimsical”. Perhaps he could approach the writers of the Simpsons and complain about their unwillingness to grapple earnestly with the problem of nuclear waste from power stations or male pattern baldness. Thomas Spohr, Senior Federal Prosecutor, CDPP Correction An article published in last month’s LSJ referred to the wrong Roosevelt. Franklin D Roosevelt, rather than Theodore Roosevelt, was responsible for establishing the Japanese-American internment camps. The LSJ apologies for any confusion caused by this error.
they should be so lucky! As Confucius says: “Choose a job that you love, and you will never have to work a day in your life.” Edward Loong, lawyer
choice” and the costs are solely for the female parent to bear. We hope that female lawyers wishing to reach the top of the profession remember: to make their partners (should they have one) a real partner; that it’s okay to use every available tool to make life easier; that childcare is an expense in the family’s household budget and should not be compared against only one parent’s income; and to model the behaviours and attitudes that show junior lawyers how to pursue excellence in a modern, diverse, inclusive and technologically advanced legal profession. For those lawyers who have failed to notice that less than 20 per cent of equity partners are female while the number of female practising solicitors outnumber male practising solicitors during the first five years of practice; that female solicitors in NSW consistently report lower incomes, and that the WGEA found an average full-time gender pay gap of 34.3 per cent in the legal sector in 2015; and that there are additional challenges faced by women lawyers from Indigenous, racial minority groups as well as those from rural and regional backgrounds, we urge you to pursue equity and to keep in mind that not everyone watches a game from the same seat. Holly Lam, President of the Women Lawyers’ Association of NSW Half their luck So those five law graduates featured in LSJ February, like Brutus, love the law but love their new day jobs more;
December, I am sitting at my desk, returning calls, taking calls, working like I would any other day of the year – because I have clients who need me to. Some files, however, can’t move forward at all until at least the 9 th of January next year, not because the other side doesn’t want them to, but because their lawyer has shut the doors for the year and is off to an exotic beachside location. They have left no email, no emergency contact details, nothing – just the words, “Wait, because I am on holidays and that is all that matters now”. Well, to that effect anyway. I thought our duty was to our clients and not to our vacations. I can’t even fathom turning off my phone, not responding to emails and not getting things done simply because I need two weeks off. No, I’m not just jealous (okay, maybe a little because I’d rather be sipping on an alcoholic beverage poolside than finishing my fourth coffee for the day) but I’m actually concerned that in a profession that places our duty to our clients on such a high pedestal, there are so many solicitors who will tell their client to “wait until I get back from my annual trip to Paris”. For the record, my time management skills are impeccable. My ability to strike the perfect balance between work and leisure has often been the subject of admiration. I am an avid supporter of holidays–in an attempt to break the cycle of stress and routine that all of us in our profession are subjected to. However, I am also a legal practitioner and have professional obligations to my
More is needed Even though the Race
Discrimination Commissioner Tim Soutphommasane claims in February LSJ pp70-71 our law should keep s18C of the Racial Discrimination Act (where it is unlawful to “offend, insult … someone because of their race”), these words go far beyond what is needed to enact the international treaty upon which the legislation is meant to be based. The Convention on the Elimination of All Forms of Racial Discrimination article 4 refers to banning speech which manifests or creates racial “hatred”. The language that may “offend” or “insult” is far larger than language that is “hateful”. While there may be no criminal conviction recorded against a defendant, the time taken to conciliate and defend matter in court is a concern. What constitutes “reasonable and good faith engagement in public debate” (under section 18D) seems impossible to satisfy – and so the current law will only shut down legitimate debate about race. The Andrew Bolt decision will deter anyone discussing racial matters that have a public interest component (such as eligibility to access to public funds, jobs and prizes). Polly Seidler No time for holidays The Christmas holiday period. It really is the most wonderful time of the year. When it’s
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ISSUE 31 I MARCH 2017 I LSJ 13
CALLINGALLCREATIVES Lawyers calledupon tobeartistic for a cause
Bara Barang on the NSW Central Coast is the Law Society President’s 2017 charity.
NSW solicitors will have new opportunities to flex their creative side this year, with Law Society President Pauline Wright announcing two fundraising initiatives centred around the arts. Open to lawyers and law students, Just Art is an art competition for visual artists who are invited to submit works, in any style or medium, on the theme of justice. The works must be original and must not have previously been entered into any other competition. Awards will include People’s Choice and Artists’ Choice. Works will be curated for an exhibition in September, with the commission on sales donated to the 2017 President’s charity, Bara Barang. Just Music is a songwriting competition for lawyers and law students, also on the theme of justice. The main requirement is that entries be original works. They can be original lyric, instrumental or a vocal compositions in any genre. Finalists will perform at a fundraising concert in September, with funds raised from ticket sales going to Bara Barang.
“A few weeks after landing in Port Jackson, Governor Phillip’s men sailed up the coast looking for fresh water,” Wright said in her Opening of Law Term speech. “His sailors happened upon two Aboriginal women in a canoe near Woy Woy ‘singing in the fish’. Mesmerised by the music, the men rowed closer, but upon seeing the sailors with their pale skin and strange garb, the women were terrified, thinking they were ancestor spirits. They leapt overboard and swam straight to shore in a strange over-arm “freestyle” stroke. They swam so fast the men thought them mermaids.” One of Bara Barang’s fundraising projects is to build a community centre. “There’s land ready to host the new establishment of the important centre for the community,” Wright said. “It would be terrific to get members of our diverse profession involved in raising funds for this project.” For more information on Just Art and Just Music, visit the Law Society website. A complete set of terms and conditions of entry for each competition will be available soon. For more information on Bara Barang, visit barabarang.com.au
Submissions for each competition will be accepted from 1 April to 30 June 2017. Wright, who is a keen artist and musician herself, said Just Art and Just Music will appeal to the creative and artistic side of members of the legal profession, and that entrants in each competition will benefit from a multi-faceted promotional campaign designed to give exposure and attention to their works. Bara Barang is an initiative of the Darkinjung Local Aboriginal Land Council, and aims to develop and execute key initiatives to improve the lives of Indigenous people on the NSW Central Coast. Bara Barang is located near the Frank Baxter Juvenile Detention Centre at Kariong, near Gosford, and, among other things, works with children in detention. As well as providing training and employment skills for young people, Bara Barang also is engaged in a form of justice reinvestment, seeking to engage with young people and engender pride in their heritage, culture and community. One aim is to prevent them coming into contact with law enforcement and to tackle recidivism. Wright has long had a keen interest in Indigenous history and is writing a play about the first contact between British and Aboriginal people on the Central Coast.
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NEWTHISMONTH SOLE PRACTITIONERS WORKSHOP Hear Legal Services Commissioner JohnMcKenzie speak at the Law Society’s special Sole Practitioners workshop on 17 March. Other speakers include Greg Pazmandy, Senior Lecturer, UTS, John Fleming, a solicitor at the Law Society’s Professional Support Unit, Nicholas Carr, Managing Director, BOAT IT, Virginia Pearce, Licensing Solicitor, The Law Society of NSW, Warren Kalinko, Chief executive officer at Keypoint Law and Noric Dilanchian, Managing Partner, Dilanchian Lawyers & Consultants. This one-day workshop, from9am to 4pm, is designed to build knowledge and skills as a sole practitioner, including how and what to charge for legal services, budgeting and forecasting techniques and a debate on the professional responsibilities of sole practitioners. The session earns six CPD units. Visit eshop.lawsociety.com.au to book. SPECIALIST ACCREDITATION APPLICATIONS OPEN Want to take a step up in your career this year, the 25th year of the Law Society’s Specialist Accreditation program? Applications are open for the 2017 program in the areas of business law, children’s law, commercial litigation, criminal law, family law, property law, and wills and estates. Visit lawsociety.com.au/specialists to apply. Applications close 10 April. A special dinner at the 2017 Specialist Accreditation Conference at the International Convention Centre in Sydney on 4-5 August will mark 25 years of the program. All Accredited Specialists are invited. Visit l awsociety.com.au/sac2017 for more.
TomBathurst AC Chief Justice of the Supreme Court of NSW 2011 - present
The use of plain English in all proceedings goes a long way to creating a more accessible and inclusive legal system. Speech at the Opening of Law Term Dinner, 2017
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six minutes with
NICK CASSIM GARY CASSIM& ASSOCIATES
Thus far, what has been the highlight of your legal career? Preventing a ship from leaving Sydney Harbour. Many years ago, I had a client who wanted to stop his ex-wife from taking his children out of the country without his permission. I worked out that if we arranged a writ of habeas corpus we could get an order of the court to seek custody and prevent the children from leaving. After tracking down a judge (during his dinner!) and getting the court orders, I finally was able to get the harbour master to stop the ship. I was escorted to the vessel by boat, which was nearing Bradley’s Head, boarded it and served papers to the ex-wife. Unfortunately, I wasn’t able to get the ship turned around and it eventually sailed out of Australian jurisdiction. But the effort made the news and the laws regarding familial immigration were later changed. Favourite thing about the law? Having a duty to the public. Any tips for success and career longevity? If you can’t stand change, you will be left behind. Adapting to change becomes harder with age, so you need to work harder than you used to. The body is like an old diesel engine; the harder you work, the better it goes. In terms of strategy, don’t try to knock them down – it is better to outlast the other side. Future goals? I want to be the last man standing – in work as well as life. Nick Cassim, 87, has been practising continuously as a solicitor for 64 years, making him one of the Law Society’s longest serving practitioners. He signed articles in 1947, was admitted in 1952 and obtained his full practising certificate in February 1953. He operated as a sole practitioner until 2000 and now works as a consultant, still with his own clients, in his son’s North Sydney practice. Cassim still clocks up nearly a full day’s worth of work, every day.
What were the early years of practice like? I began my career with a tiny space and a 1918 Remington typewriter in Parramatta before taking an office on Oxford Street in Sydney. It was the beginning of the big European migration to Australia, so being one of NSW’s first Greek-speaking solicitors was quite useful. I quickly built up a client list of Greeks and other foreigners and focused on debt collection. What has been the biggest change to the profession over the years? More people and more solicitors. When I started out, the population of Australia was just over 8 million. At one time I was the only solicitor between Downing Centre, Bondi Junction and Mascot. Everybody knew everybody. What hasn’t changed? My clients. I worked with one client, George Laurens, from 1953 to 2000. I am still working with other clients, and their children, from my early years and continue to deal with leases on a property in Oxford Street I started working on in 1958. Have youmanaged to balance work with free time? When I was younger I enjoyed bushwalking, skiing, did 19 City2Surf races, and the Sydney to Hobart race four times. I started sailing in the early 50s and still enjoy racing my 70-year-old wooden yacht on Saturdays. I came in second in the annual Great Bar Boat Race in December 2016 and still work as a solicitor for the Sydney Amateur Sailing Club.
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mind your ethics
Rule 6.1 Mandatory Components for Legal Practitioners Saturday 11 March 2017 @ Toongabbie Tax and Equity Current and Contentious Issues Friday 17 March 2017 @ City Criminal Law Saturday 25 March 2017 @ Toongabbie Upcoming MCLE Seminars 10th Anniversary Fundraising Dinner Sat. 14 October 2017 @ Bowman Hall, Blacktown
Q&AWITH PAULMONAGHAN , SENIOR ETHICS SOLICITOR
Q: I have decided to take up a second job for some extra income and have been offered a job driving a taxi at weekends. What do I need to know to protect my law practice? A: Wearing another hat can be tricky for solicitors. There are ethical obligations and solicitors must always comply with all obligations under the regulatory framework of the Legal Profession Uniform Law, General Rules and Solicitors’ Rules. The key thing is that another business must not bring the solicitor into conflict with their ethical duties. You can find information on this topic at Solicitors’ Rule 8 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015. Some of the rules include: 8.1 A solicitor who engages in the conduct of another business concurrently, but not directly in association, with the conduct of the solicitor’s legal practice must: 8.1.1 ensure that the other business is not of such a nature that the solicitor’s involvement in it would be likely to impair, or conflict with, the solicitor’s duties to clients in the conduct of the practice, and 8.1.2 maintain separate and independent files, records and accounts in respect of the legal practice and the other business, and 8.1.3 disclose the solicitor’s financial or other interest in that business to any client of the solicitor who, in the course of dealing with the solicitor, deals with the other business, and 8.1.4 cease to act for the client if the solicitor’s independent service of the client’s interest is reasonably likely to be affected by the solicitor’s interest in the other business. 8.2 For the purposes of this rule, a solicitor is taken to engage in the conduct of another business where the solicitor, or an associate: 8.2.1 is entitled, at law or in equity, to an interest in the assets of the business which is significant or of relatively substantial value, or 8.2.2 exercises any material control over the conduct and operation of the business, or 8.2.3 has an entitlement to a share of the income of the business which is substantial, having regard to the total income which is derived from it. It should be noted that for any business interest, “ensure that the other business is not of such a nature ... involvement in it would be likely to impair, or conflict with, the solicitor’s duties to clients in the conduct of the practice …”. For more information on ethics, including a FAQ, visit the Law Society website.
EOI to: email@example.com For details visit: www.tlc.asn.au
We specialise in agency appearances for all Sydney CBD courts and tribunals To obtain our services or for more information call (02) 9239 0555 or visit www.sydneymentions.com.au No time for city court appearances? “Don’t mention it...we will.”
Suite 501, Level 5, 265 Castlereagh St, Sydney NSW 2000 DX 1084 Sydney
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CAREERS SYDNEYLAW CAREERSFAIR
The Law Society is excited to announce the return of the Sydney Law Careers Fair. The fair will be held on Friday 17 March and will showcase private practice, in-house and government organisations to law students in one day. Exhibitors will target penultimate and final year law students, particularly those interested in obtaining summer clerkship or other legal work in firms. This year’s event will be held from 11am - 2pm at the International Convention Centre, Darling Harbour. Admission is free for all students, however pre-registration is required. “This event is a one-stop shop for law students and it will allow students to explore all the opportunities available to them,” says Law Society Chief Executive Officer Michael Tidball. “I encourage all law students to attend.” The event will also be an avenue for students to explore their non-legal career options. The Sydney Law Careers Fair will run in conjunction with the Sydney Big Meet Careers Fair. The Big Meet is one of the largest careers fairs in Australia. Most of the organisations that exhibit at the Big Meet also will seek to attract and hire law students, allowing attendees to explore all their employment options. study of law students, tracking their experiences and career pathways. The three-month study, which is the the first of its kind in Australia, will provide unique insights into where law graduates are ending up and how they got there. Final-year students can expect to receive an email from their faculty about the survey. legalvitae.com.au/about-the-fair Also in March, the Law Society, in conjunction with Urbis, will commence a ground-breaking
MICHAELBACINA Appointed to Partner, National Dispute Resolution team Piper Alderman, Sydney
RODDPETERS Appointed as a consultant Kemp Strang, Sydney
TONYO’REILLY Appointed as a consultant Kemp Strang, Sydney
DOUGLASLINNETTE Appointed as a consultant Kemp Strang, Sydney
MATTHEWBRYAN Appointed to Special Counsel Roberts Legal
JAMESDURNALL Joined as Special Counsel, Energy and Corporate Bird & Bird, Sydney
NICHOLASSMITH Formerly at the bar now the Principal Nicholas Smith IP and Litigation
GAVINBEARDSELL Joined as a Senior Consultant, Insurance Clyde & Co, Sydney
CATHERINE OSBORNE Joined as a Consultant, Insurance Meridian Lawyers, Sydney
SCOTTBAXTER Promoted to Senior Associate Thompson Eslick Solicitors
EMMAFLEMING Joined as a Partner, Property, Planning and Projects Swaab Attorneys
THOMASMATHEWS Promoted to Associate Solicitor Tiyce & Lawyers
Know someone with a new position? Email us the details and a photograph (at least 1MB) at firstname.lastname@example.org
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We don’t want other families to suffer
ANNIVERSARY REDFERNLEGALCENTRE CELEBRATES 40YEARS
BY LYNN ELSEY
When my mum died from breast cancer, I knew that I didn’t want other families to suffer the same tragic loss. That’s why our family supports the Walter and Eliza Hall Institute of Medical Research. When we met the scientists at the Walter and Eliza Hall Institute, we were inspired by their passionate commitment to finding better treatments for patients. You can be assured that donations and bequests to the Walter and Eliza Hall Institute support the best research into cancer, infectious diseases and immune disorders.
One of NSWs pioneering providers of community-based law is marking its 40th birthday with a fundraising push to further diversify its revenue streams and ensure it can continue to provide key services. The Redfern Legal Centre (RLC) was founded in 1977 to give the less advantaged access to the law. As Australia’s second full-time, community-based legal centre, it quickly became a magnet for community-focused lawyers who helped improve justice and rights for a wide range of Australians including Indigenous people, gay people and prisoners, along with filling unmet gaps in legal services. The centre’s core work on housing and other poverty issues also helped form the basis of a network of government-funded centres across the state. “Community support is an integral part of providing service,” says Finn O’Keefe, communications and volunteer manager at the RLC. “Our community is far-reaching, ranging from local catchment areas to state-wide services, such as police complaints and international student clinics.” Although the centre provides individual assistance on topics such as tenancy, housing and domestic violence it also works across broader areas and issues, including submissions to Parliament and overseas organisations “in order to provide more than just a Band-Aid solution and to achieve long- lasting change,” O’Keefe says. The birthday event, at Sydney Town Hall on 27 April, will feature a fundraising dinner and auction to celebrate the achievements of the centre and to address a potential funding gap in the 2017–18 budget, when the centre faces a 30 per cent funding cut due to government austerity measures. “It will be like a friend’s 40th birthday,” says Liz Clark, the RLC’s fundraising manager. “And an event to make sure we’re around for another 60 years and still be an innovator in providing services.” Details about the event can be found at bit.ly/ rlc40th
– Eleni Horbury with her daughter Sophie, and cancer researcher Dr Anne Rios.
For more information please contact Ms Susanne Williamson, Head of Fundraising, on 9345 2962 or email@example.com W wehi.edu.au
CANCER | I MMUNE D I SORDERS | I NFECT I OUS D I SEASE
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TRIBUTE PROFESSIONREMEMBERS LONG-SERVINGLEGALAID CHIEFEXECUTIVEOFFICER Members of the profession have paid tribute to the former Chief Executive Officer of Legal Aid NSW, Bill Grant OAM, who passed away unexpectedly in late January. Grant, 65, had retired in December after a combined 11 years as the head of Legal Aid NSW.
For the full round-up of Law Society advocacy, see page 68.
AustralianLawReform Commission inquiry into Indigenous incarceration– consultationondraft terms of reference The Indigenous Issues, Criminal Law and Children’s Legal Issues Committees made a joint submission to the Law Council of Australia on the draft terms of reference for the Australian Law Reform Commission’s (ALRC) inquiry into Indigenous incarceration. The committees submitted that a review of the current health services, especially for mental health and drug and alcohol issues, should be undertaken alongside the ALRC inquiry. This would enable policy-makers to understand the full picture on the availability of diversionary options and alternatives to imprisonment, as well as the availability of programs in prisons. PrivacyAmendment (Re-IdentificationOffence) Bill 2016 The Business Law Committee made comments to the Law Council of Australia in relation to an inquiry by the Senate Standing Committee on Legal and Constitutional Affairs. The Bill amends the Privacy Act 1988 (Cth) to prohibit the re-identification of de-identified personal information that has been published or released by Commonwealth agencies. It introduces a number of offences and civil penalty provisions. The committee questioned the blanket exemption for agencies and commented on various other aspects of the Bill.
“Bill was a true public servant who gave so much trying to improve the lot of others less fortunate,” said Grant’s close friend and former head of the NSW Bar Association, Philip Selth, who gave the eulogy at Grant’s funeral in February.“ He will be remembered well beyond the time of most of us. He deserves to be.” During his career, Grant made services for victims of domestic violence a core part of Legal Aid’s focus. He also expanded civil law services and brought legal services to remote, rural and regional NSW. Under Grant’s leadership, Legal Aid NSW established new offices in Port Macquarie and Albury and expanded services for people in remote corners of NSW. “Bill, who was CEO of Legal Aid from 2001 to 2006 and then 2011 to 2016, was a dedicated and highly respected member of the legal community,” said Law Society President Pauline Wright. “He will be warmly remembered and sadly missed.” * Source: Women’s Gender Equality Agency 2016 66 % 26 % WOMEN AND THE LEGAL PROFESSION * Source: Australian Financial Review Law Partnership Survey January 2017 of the 128 new partners appointed at the nation’s leading law firms in the past six months were women the gender pay gap in the legal industry overall
On 19 January 2017 a nd pursuant to s.327(2)(b)(ii) and (iii) of the Legal Profession Uniform Law (NSW), the Law Society Council appointed Richard Gerard Flynn, Solicitor, as manager of the law practice known as Saldaneri & Associates for a period of two years from 15 December 2016. On 19 January 2017 a nd pursuant to s.77 of the Legal Profession Uniform Law (NSW), the Council of the Law Society resolved to immediately suspend the practising certificate of Jacqueline Saldaneri.
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