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ISSUE 28
NOVEMBER 2016
REFLECTIONS OF A JUDGE
STEPHEN SCARLETT ON WHETHER YOUNG
LAWYERS ARE MEETING EXPECTATIONS
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CONTENTS
16
28
38
FEATURES
22
34
52
38
GLOBAL FOCUS
26
IN FOCUS
Ransomware poses a threat to
the cyber security of law firms.
Kate Allman outlines the best
ways to protect your data
28
COVER STORY
Read an emotional excerpt
from Songs of a War Boy,
the new autobiography of
Sudanese child soldier-turnedSydney solicitor Deng Adut
42
CAREER COACH
EXTRACURRICULAR
54
HEALTHY LIVING
62
YOU WISH
Jane Southward discovers
luxury in the Australian bush at
OReillys Rainforest Retreat in
Queensland
ISSUE 28
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NOVEMBER 2016
LSJ
21/10/2016 11:55 am
52 58
REGULARS
LEGAL UPDATES
8 PRESIDENTS MESSAGE
10 MAILBAG
55 FITNESS
12 NEWS
14 THE LSJ QUIZ
19 CAREER MOVES
Who moved where
this month
Julie McCrossin meets
Judge Stephen Scarlett
44 CAREER 101
Bradley Beasley started his
career as a painter. He now
owns a legal practice and
lectures in law at university
46 DOING BUSINESS
Fashion, etiquette, and
tips on how to land those
unadvertised jobs
LSJ
ISSUE 28
p3_4_Contents_November.indd 2
56 WELLBEING
Why you need a
relationship reboot
58 CITY GUIDE
38 PROFILE
50 LIBRARY ADDITIONS
64 LIFESTYLE
Book reviews, events
and our movie giveaway
66 NON-BILLABLES
Yarns we cant bill for
NOVEMBER 2016
21/10/2016 12:32 pm
Work anywhere
Automatic backups
Reduced IT costs
30-Sep-16 5:43:13 PM
11/10/2016 1:59 pm
ISSN 2203-8906
Managing Editor
Claire Chaffey
Associate Editor
Jane Southward
Legal Editor
Klara Major
Assistant Legal Editor
Jacquie Mancy-Stuhl
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
journal@lawsociety.com.au
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2016 The 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 specific written permission of the
Law Society of New South Wales.
Opinions are not the official opinions of the Law
Society unless expressly stated. The 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.
Cover photograph:
Jason McCormack
ISSUE 28 NOVEMBER 2016
ISSUE 28
NOVEMBER 2016
Contributors
Sarah Williams
Julie McCrossin
Fiona Craig
Matthew Cridland
is an associate professor
at the University of NSW.
She writes, with PhD
candidate Emma Palmer,
about Philippine President
Rodrigo Dutertes brutal
approach to drug dealers
and the chance of an
International Criminal
Court investigation.
Global focus
p22
REFLECTIONS OF A JUDGE
STEPHEN SCARLETT ON WHETHER YOUNG
LAWYERS ARE MEETING EXPECTATIONS
20/10/2016 11:12 am
LSJ
ISSUE 28
Have an idea? We would like to publish articles from a broad pool of expert members and were
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.
NOVEMBER 2016
20/10/2016 11:27 am
costing@dgt.com.au
Sydney: (02) 9977 9200 | Brisbane: (07) 3834 3359 | Canberra: (02) 6248 8077
ISSUE 28
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NOVEMBER 2016
LSJ
18/10/2016 11:39 am
Presidents message
GARY ULMAN
LSJ
ISSUE 28
NOVEMBER 2016
p8_Presidents_message_November.indd 1
21/10/2016 2:13 pm
We dont want
other families
to suffer
When my mum died from breast cancer,
I knew that I didnt want other families to suffer
thesame tragicloss.
Thats why our family supports the Walter and Eliza Hall
Institute ofMedical Research.
When we met the scientists at the Walter and Eliza Hall
Institute, we were inspired by their passionate commitment
tofinding 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 immunedisorders.
Eleni Horbury with her daughter Sophie,
and cancer researcher Dr Anne Rios.
Expert Support...
We offer a seamless process
to support busy lawyers
Quick Turnaround...
We help our clients recover
their money faster
Positive Outcome...
We ensure you achieve
the best possible result
IMMUNE DISORDERS
INFECTIOUS DISEASE
ISSUE 28
November Ads.indd 6
NOVEMBER 2016
LSJ
18/10/2016 11:37 am
Mailbag
ISSUE 27
OCTOBER 2016
HAPPILY KILLING
THE BILLABLE HOUR
WHY MORE LAWYERS AND FIRMS ARE TAKING
THEIR EYES OFF THE CLOCK AND LOVING IT
LSJ10_Cover_spine_October.indd 1
22/09/2016 6:26 pm
WRITE TO US:
We would love to hear your
views. 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!
Terry Dwyer
has won lunch for four.
Please email
journal@lawsociety.com.au
for instructions on how to
claim your prize.
Assisted dying
Trevor Khans article
proposing the Voluntary
Assisted Dying Bill (September
LSJ p24-25) falsely claims
that not everyone has the
option to refuse medical
treatment, such as refusing
kidney dialysis. Every adult has
the option of refusing lifeprolonging treatment. In such
case, the death certificate
would note the cause of
10
LSJ
ISSUE 28
Makework
With increasing regularity I am
asked to forward a copy of a
death certificate to banks and
insurance companies, when I
forward a certified copy of the
Grant of Probate. I have fallen
into the habit of suggesting
that it is a long time since the
Supreme Court of NSW issued
a Grant of Probate for the will
of somebody who had not
actually died.
When I do forward a death
certificate, for a proper
purpose, I am now asked,
again with increasing
frequency, why my
certification has not been
dated. I point out that the
death certificate (sometimes it
is a birth certificate or similar)
Why so serious?
Bah Humbug to the whingers
complaining about the
Dressed to Impress page.
In an age where the dress
code for almost all occasions
is dull, boring and sloppy,
those who take some trouble
to make the most of their
appearance and demonstrate
an individual style, should be
appreciated, not dismissed.
Complimenting someone on
his or her appearance is not
the same as judging a person
by their appearance.
A colleague recently
complimented me, then
immediately apologised. He
thought I might be offended,
that it might be inappropriate
to remark on my appearance.
I quickly set him straight:
compliments are always
appropriate. Keep them
coming!
How sad that everything is
taken so deadly seriously
nowadays. I think envy
is behind the whingers
comments. Perhaps they are
horizontally and aesthetically
challenged themselves,
and simply envious of the
impressive dressers.
I bet their wardrobes are
all black. I suggest they go
shopping and buy a colourful
new spring outfit. They will
NOVEMBER 2016
19/10/2016 10:55 am
Judging fashion
Country or city?
It was with some interest
that I noted the location
of practice of some of the
candidates for election who
were nominating themselves
as country members. On
reviewing clause 12 of the
Law Society Articles, I was
surprised to see the Central
Coast, Macarthur, Newcastle
and Wollongong areas are
viewed as country. This
would have been the case
when sheep and cattle fields
commenced just west of
Parramatta and the river
systems to the north and
south of Sydney imposed a
natural boundary.
With the increasing
urbanisation of the last few
I would highly recommend The College of Law masters. Not only is it very practical, but its taught
well and its immediately applicable to ones day to day practice.
N AT H A N A E L K I T I N G A N S E N I O R
A S S O C I AT E , M A C P H E R S O N K E L L E Y , L L M ( A P P L I E D L A W ) G R A D U AT E
ISSUE 28
NOVEMBER 2016
LSJ
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Briefs
NEWS
12
LSJ
ISSUE 28
NOVEMBER 2016
21/10/2016 10:57 am
NEWS
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ISSUE 28
NOVEMBER 2016
LSJ
13
19/10/2016 11:48 am
Briefs
NEWS
Cross-examination
Test your legal knowledge ...
1. Who is the 2016 President of the Law Council
of Australia?
2.
Where is the original Constitution of
Australia kept?
3.
PROFESSIONAL NOTICES
On 26 September 2016 and pursuant to s.327(2)(b)(ii) of the
Legal Profession Uniform Law (NSW), the Law Society Council
appointed Anthony Neary Walker, solicitor, as manager of the
law practice known as LAC Lawyers Pty Ltd for a period of two
(2) years.
On 26 September 2016 and pursuant to s.327(2)(b)(ii) and (iii)
of the Legal Professional Uniform Law (NSW), the Law Society
Council appointed George John Mallos, solicitor, as manager
of the law practice formerly known as Morgan Ardino & Co for
a period of two (2) years.
14
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ISSUE 28
NOVEMBER 2016
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NEWS
ALYSON ASHE
PO Box 737
Crows Nest NSW 1585
phone 1300 738 262
mobile 0414 362 477
royleg@bigpond.com
www.alysonashe.com.au
Janeda Pty Ltd ABN 86 466 143 245 (incorporating Royse Legal Cost Consultants)
ISSUE 28
NOVEMBER 2016
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Briefs
NEWS
Being well
in the law
The Law Society of New South Wales, NSW Young Lawyers and Australian National University present
2016 Justice Medallist Richard Brading, right, with Sky News journalist Stan Grant who delivered the
2016 Law and Justice Address.
16
LSJ
ISSUE 28
NOVEMBER 2016
19/10/2016 11:48 am
NEWS
six
minutes
with
JONATHON HUNYOR
CEO OF PIAC
Jonathon Hunyor took over from Ed
Santow as Chief Executive Officer of the
Public Interest Advocacy Centre (PIAC) in
Sydney in August. Hunyor, 44, began his
legal career as a student volunteer at the
Australian Centre for Disability Law while
he was studying economics and law at
Sydney University. He turned his hand
at corporate law as a summer clerk at
Freehill Hollingdale & Page (now Herbert
Smith Freehills) and quickly realised his
passion was in helping individuals through
community legal work. Since then, his
career has been split between Sydney
and the Northern Territory, working for
the NT Legal Aid Commission in Darwin,
the Central Land Council in Alice Springs,
the Australian Human Rights Commission
in Sydney and, most recently, the North
Australian Aboriginal Justice Agency, where
he was Principal Legal Officer.
He speaks to KATE ALLMAN.
What inspired your passion for legal aid,
human rights and access to justice issues?
My dad came from Hungary to Australia as a
refugee in 1949 when his family was displaced
at the end of World War II. That has given me a
strong sense of gratitude for the opportunities
I had growing up in Australia. As someone who
has had the enormous privilege of getting a law
degree, I feel very passionate about human rights
and access to justice. I also feel an obligation to
make something of those opportunities and to help
people who havent had those opportunities.
NOVEMBER 2016
LSJ
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19/10/2016 11:48 am
Briefs
NEWS
mind your
ethics
TIPS AND TRICKS FOR
PLAYING BY THE RULES ...
JUGGLING LAW
AND A SECOND JOB
BY PAUL MONAGHAN, SENIOR ETHICS SOLICITOR
Legal practice is undergoing a quiet revolution when it comes to
occupation and work practices. The traditional model of a solicitor in
an office busy with familiar legal activities of commercial law, probate
and local court work is shifting to new areas of activity, often quite
separate from being a lawyer.
We are often asked at the Law Society Ethics Department: Is it all
right if I am involved in another job or business activity when I am a
solicitor? What are some of the ethical obligations?
Solicitors must comply with all obligations under our regulatory
framework of the Legal Profession Uniform Law, General Rules and
Solicitors Rules. Other forms of work must be of a nature that does
not bring the legal profession into disrepute or compromise the
integrity of the solicitor. This fundamental duty can be found in the
contents of Solicitors Rule 5.
18
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ISSUE 28
Counter-Terrorism Legislation
Amendment Bill (No 1) 2016
The Juvenile Justice, Criminal Law and Human
Rights committees provided a joint submission
to the Law Council of Australia on the CounterTerrorism Legislation Amendment Bill (No
1) 2016 (Cth) regarding control orders. The
committees reiterated their concerns about
those aspects of the 2015 Bill identified in its
earlier letter to the Law Council that have not
been addressed by the recommendations
of the Parliamentary Joint Committee on
Intelligence and Security or the 2016 Bill. They
also provided additional comments on the
recommendations and the 2016 Bill.
NOVEMBER 2016
20/10/2016 10:49 am
CAREER MOVES
MEMBERS ON THE
JESSICA
ELLIS
TIMOTHY
NICHOLLS
GLENN
HUGHES
SARAH
BULLOCK
ELIZABETH
MCDONALD
Promoted to
Property Solicitor
Elliot Tuthill Solicitors
Joined as a Solicitor,
Family Law
Tiyce & Lawyers
Joined as
Partner
Russells
Joined as
Senior Associate
Russells
Promoted to Principal
McCabes Lawyers,
Newcastle
Environmental noise
Building acoustics
Industrial deafness
ISSUE 28
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NOVEMBER
JUNE
2016
2014I LSJ
I LSJ191
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Briefs
View more
photos on
the LSJ app.
20
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Briefs
GLOBAL FOCUS
Will President
Duterte face court
for his bloody war
on drugs?
Although the death toll in Philippine President Rodrigo Dutertes
war on drugs has risen to 3,426 since 1 July, a possible trial of
President Duterte before the International Criminal Court is unlikely,
and would be years away. However, a criminal investigation could
provide an impetus to document crimes and the resulting political
debate might prompt some restraint from the Government, write
SARAH WILLIAMS and EMMA PALMER.
22
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17/10/2016 3:43 pm
GLOBAL FOCUS
While a
shoot to kill
order recently
has been
denied, many
of the police
killings seem
to have been
carried out as
part of specific
operations.
p22-23_Global Focus-November.indd 2
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Briefs
HOT TOPIC
Will the
real drug driver
please stand up?
If you were to run a survey in NSW today, most people of legal
driving age would not be able to tell you why the law imposes
a 0.05 blood alcohol concentration as the limit for legal driving
capacity. It hasnt always been that way, writes SEPPY POUR.
hen drink
driving offences
wereintroduced in
NSW back in 1915,
they contained the phrase under
the influence of intoxicating liquor.
Given the lack of detection technology
available back then, it is understandable
that no empirical cut off was put in
place. The development of reliable
breathalyser-type devices did not
occur until the 1930s. Today, the Road
Transport Act 2013 imposes a per se
threshold (an empirical cut off at which
a driver is presumed to be impaired)
that has been reached following
significant scientific advancement.
Thanks to the sound and logical
scientific basis on which this threshold
was founded, the imposition of a
per se threshold was adopted swiftly
and with little backlash from the
community.Random breath testing was
introduced in NSW in 1982.
24
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HOT TOPIC
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Briefs
IN FOCUS
How to beat
hackers without
paying a ransom
Prevention is key to protecting your
law firm, reports KATE ALLMAN.
26
LSJ
ISSUE 28
p26-27_In focus-November.indd 1
NOVEMBER 2016
18/10/2016 11:18 am
IN FOCUS
Numbers Talk
We speak
their language.
RGL interprets complicated
gures to reveal clear
nancial valuetranslating
numbers into sound analysis.
Forensic and
Investigative Accounting
Quantication of
Economic Damages
Litigation Support
Business Valuation
RGL Sydney
Level 16, Bligh Chambers
25 Bligh Street
Sydney, NSW 2000
T +61 2 8488 6000
sydney@rgl.com
rgl.com
ISSUE 28
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Features
28
LSJ
COVER STORY
ISSUE 28
NOVEMBER 2016
17/10/2016 4:06 pm
COVER STORY
THE RISE OF AN
AFRICAN WAR BOY
The LSJ introduced Sydney solicitor Deng Adut to readers in September
2014 in one of our first Day in the Life columns. Journalist Jane
Southward spent the day with Adut, then 31, in Burwood Local Court and
was impressed by his caring approach to clients, including to one man
who Adut followed out of a courtroom to offer to represent for free in a
traffic matter so the father-of-four could make it to work as a nurse. In
his autobiography to be released this month, Adut says finishing his law
degree has been the greatest achievement in his life.
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Features
COVER STORY
When Deng Adut was just six years old, war came to his village in South Sudan. Taken from his mother, he
was conscripted into the Sudan Peoples Liberation Army (SPLA), taught to use an AK-47, and sent into battle.
Eventually, Adut escaped an army training camp by hiding in a sack on the back of a truck for five hours. He
made it to a refugee camp in Kenya. Here, he met an Australian aid worker who arranged for Adut and his brother
to move to western Sydney. Adut could speak no English, was suffering emotional trauma, and had whooping
cough, measles, cholera and chicken pox. Five of his eight siblings had died. He found it difficult to fit into Sydney
life, dropped out of school, and eventually enrolled in English language classes and an accountancy course in
TAFE. He was then accepted to study law at Western Sydney University on the proviso he didnt fail any of the
core first-year courses. He doubled his studies in English and put his head down. In these extracts from Songs
of a War Boy, published by Hachette Australia, Adut describes being recruited by the Sudan People's Liberation
Army and an ethical dilemma he faced when he started studying law.
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COVER STORY
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I never
thought
gaining a law
degree could
be possible,
even as I was
picking up
my gown and
mortarboard
... I had still
seen myself as
the grubbyfaced child
Id been, with
an AK-47 in
his hands and
death in his
core, even as
I progressed
through year
after year
of law."
NOVEMBER 2016
17/10/2016 4:08 pm
COVER STORY
This is an edited
extract from Songs
of a War Boy by
Deng Adut with
Ben Mckelvey,
published by
Hachette Australia.
No time for
city court
appearances?
Dont mention it...we will.
Suite 501, Level 5, 265 Castlereagh St, Sydney NSW 2000 DX 1084 Sydney
ISSUE 28
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Features
ADVANCEMENT OF WOMEN
NEW CHARTER
The Law Society has launched a new charter for the advancement of women and all solicitors
are encouraged to sign it. The charter is designed to promote and support strategies to keep
women in the profession over the course of their careers and encourage and promote their career
progression into senior executive and management positions. JANE SOUTHWARD reports.
hen former
Justice Jane
Mathews
entered the
law 53 years
ago, she felt
like an outsider immersed in what was a
mans world. There were only a handful
of women in her law class at Sydney
University and there was not one female
partner in an Australian law firm.
Thirty years ago, when the number
of women studying and working in
the law swelled, Justice Mathews, who
in 1980 became the first woman to be
appointed a judge of the NSW District
Court, and in 1987 the first woman
to be appointed a judge of the NSW
Supreme Court, had high hopes women
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ADVANCEMENT OF WOMEN
We have ended up
with that all too familiar
pyramid structure with
the number of women
dwindling as we get
closer to the top.
THE HON. JUSTICE JANE MATHEWS AO
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Features
ADVANCEMENT OF WOMEN
Clockwise from top left: Juliana Warner (left) and former Justice Jane Mathews and attendees
at the launch of the Societys Advancement of Women Charter on 10 October.
Time:
1:15pm 5:40pm
Venue:
Register: lawsociety.com.au/SCLC2016
36
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ADVANCEMENT OF WOMEN
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PROFILE
Features
38
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PROFILE
y first impression,
when I meet Judge
Scarlett in his
chambers in the
Family Court in
Sydney, is how
refreshing it is to meet a judge who
speaks eagerly about his time as a
country solicitor. He went to Parkes in
central western NSW planning to stay
for five years. He liked it so much he
stayed for 15. Country experience, he
says, offers three things a young lawyer
really needs: diversity of practice,
responsibility for cases, and a close
relationship with a senior colleague.
As Judge Scarlett pulls up a chair
beside me in front of his desk, he smiles
with pleasure at the memory of his first
day as a solicitor in a country town.
I went to work for a chap called
Tony Matthews, a wonderful man, he
recalls. He was a lot older than me.
Hed been a Spitfire pilot in World War
II. On the very first day he said, Come
across the road. The District Court is
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Features
PROFILE
40
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ISSUE 28
Judge Scarlett
believes there
has been a
deterioration
in standards of
litigation in recent
years. He points
to complaints
about the lack of
professionalism,
the lack of
courtesy and the
lack of basic skills
of a lot of solicitors.
NOVEMBER 2016
19/10/2016 3:05 pm
PROFILE
Former Judge Scarlett is relishing retirement and extra time with four generations of his family.
p38_41_Profile_November.indd 4
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Professional development
CAREER COACH
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Costs Guidance
This was back in the days when all
major announcements had to be
advertised in the local newspaper.
I had it all arranged and on the
day it was due to be advertised, I
remember buying the newspaper
eager to see my work coming to
fruition, in print.
Flicking through to the business
pages I saw our firm logo and the
announcement. And within a split
second of reading it, I saw my legal
career flash in front of my eyes. I
had put the wrong date for the IPO
on the advertisement. It was, quite
simply, a complete stuff-up.
Fast forward 20 years and I can
still feel the dread at having to
confess my mistake. But I also still
remember my bosss response, and
its a mantra that I have lived by in
my career since that date.
Heres what he said: In work there
are very few mistakes that cant be
fixed Fiona. Lets focus on that part
the fixing.
We are all human. We all make
mistakes. Its unrealistic to think
that you will go through your whole
career without making at least
one monumental error. With my
ex-bosss words in mind, here are
my top tips on what to do when
you find yourself looking down the
barrel of a loaded gun of a stuff-up.
1. Get perspective
In law its rarely a life and death
mistake that youre likely to make.
The quickest way to still your rapidly
beating heart when you make a
mistake is to put it in context, and
give it some perspective.
I advise my clients to ask
themselves: Will this matter in
24 hours from now, one week
from now, one year from now,
10 years from now?
The answer in most cases is most
probably no, certainly for the one
year and 10 years from now.
Giving it perspective reduces
the panic factor, allowing you to
look more rationally at what has
happened and how it can be fixed.
2. Get honest
The worst thing you can do is try to
cover up your error. While coming
clean may feel like the worst possible
option you can take at the time, the
damage can be limited by letting
those who need to know, know.
However, before you do that, see
points 3, 4 and 5.
NOVEMBER 2016
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Professional development
CAREER 101
Bradley
Beasley
Principal at Beasley
Legal, Lecturer at
Western Sydney
University (WSU), and
Adjunct Lecturer at
the College of Law
Bradley Beasley first
stepped into the Supreme
Court of NSW in 1977 as
an apprentice painter and
decorator to restore the
court for the Department
of Public Works.
When he finished his
apprenticeship, Beasley
took a management
position in the NSW
Branch of the Operative
Painters and Decorators
Union and was elected
to a number of building industry
committees that represented the
union movement domestically and
internationally. He went on to study
law while working for the University
of Sydney as the Senior Industrial
Relations Officer and, once admitted
as a solicitor, he worked at a number
of firms advising associations in
industrial disputes. In 2009, he
took out his unrestricted practising
certificate to establish his own firm,
Beasley Legal, on the Central Coast.
He runs a mediation business called
Mediation Remedies with his business
partner, Tony Dyer. Between clients,
he lectures at Western Sydney
University and the College of Law
in Sydney.
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6/10/2016 11:43 am
Visit pexa.com.au to
log in or learn more
November Ads.indd 4
18/10/2016 11:32 am
Professional development
DOING BUSINESS
Michelle
Dunne
PARTNER AT CLYDE & CO, SYDNEY
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JULIEN HUNT
Marketing & Events
Executive
Gilbert + Tobin
Get into calendars early to secure the
ideal datefirst Friday in December.
Give known whiners and nit-pickers
some buy-in to the process and
involve them in some of the important
theme and menu decisions. Dont
scrimp on the bubbles, dont run out of
anything, ensure safe and secure access
to transport home afterwards, and try to
keep clients from sneaking in!
SARA FLAKSBARD
General Manager,
Laissez-faire
Laissez.com.au
Consider the not-so-obvious menu
planning items to ensure a memorable
meal at your Christmas party.
Choosing the right menu involves
an understanding of who will be
attending (and any dietary restrictions),
what produce is in season, the event
schedule, and how both the food and
the menu will be presented.
DANIEL TUSIA
Creative Director,
Applause Entertainment
Applause.com.au
The party begins with the invitation;
it sets the tone for the whole party.
Identify the purpose of your party, note
your guest lists demographics and craft
everythingthe decorations, catering
and entertainmentto complement
it. Remember, its a partykeep it light,
accessible and, above all else, fun!
NOVEMBER 2016
17/10/2016 1:51 pm
Data Analytics
E-Trial
info@elaw.com.au
elaw.com.au
www.practiceconnexions.com.au
November
Ads.indd
5
LS1465_Practice
Connexions
Ad Shell_LSJ.indd 1
18/10/2016
11/10/2016 11:33
11:32 am
Professional development
Michelle Kelly
LISMORE SOLICITOR
Michelle Kelly, 58, started studying
law at the Southern Cross University
when she was part of the Gunnedah
Environment Group that was
lobbying for restrictions on aerial
pesticide spraying. I had a baby
daughter and was almost finished a
Bachelor of Arts in geography and
planning by distance education at
the University of New England,
Kelly says. The more I went into the
planning and regulation side of it, the
more I realised I needed to know the
law. It was very empowering. Kellys
marriage to a cattle farmer ended in
1995 and she moved to Lismore to
work at the Family Support Network
as a contact supervisor of children
in care. Once she graduated with
her law degree, she worked for
Family and Community Services
representing the department in care
and protection cases. Many of the
cases were heartbreaking, she says.
I used to think with every case that
I did, if its not okay for my kid, its
not okay for this kid. Earlier this
year, Kelly started a small private firm
in Lismore, called Everyday Legal,
with Amanda Mead. She shares her
passion for practising law in regional
NSW with JANE SOUTHWARD.
PHOTOGRAPHS BY SARAH RICKARD
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NOVEMBER 2016
17/10/2016 1:48 pm
Theres a
massive gap
between
people who
are eligible for
Legal Aid and
those who
can afford
the usual
billable rate of
the standard
law firm.
NOVEMBER 2016
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Professional development
Bamford,
Principles of civil litigation.
2nd edition. Thomson Reuters. 2014.
Cremean,
Freedom of information:
What you need to know.
LexisNexis Butterworths. 2015.
Hudsons Building and
engineering contracts.
13th edition. Sweet & Maxwell. 2015.
DIGITAL RESOURCES
Reynolds,
Leading cases in Australian
law: A guide to the 200 most
frequently cited judgments.
The Federation Press. 2016.
Ritter,
William & Mary Windeyer:
Law, politics and society in
colonial New South Wales.
Australian Scholarly Publishing. 2016.
Thorpe,
Mortensen,
Sports law. 2nd edition.
Private international law in Australia.
3rd edition. LexisNexis Butterworths. 2015. Oxford University Press. 2013.
Rawlinsons Construction cost guide
2016: For housing, small commercial
and industrial buildings.
24th edition.
Rawlinsons Publishing. 2016.
Sunday of each month. We have a popup shop that we set up and we have
an A-frame and it just says Free Legal
Advice. We are kept busy all day and
it can be matters to do with family law
(how do I get a divorce?). We dont take
instructions, its just a superficial piece
of advice on what you can do. It can be
about what to do about the neighbours
barking dog, or how do I get an AVO?
It generates business and has this dual
benefit.
My life experience has boosted my
skills as a solicitor. There is nothing
that shocks me. I understand I have
had an imperfect life so I have no
judgments on anyone that walks in
the door. Also, I think people relate
to me because I am ordinary. I think
thats a good thing that lawyers can be
ordinary people.
Wappett,
Essential personal property
securities law in Australia.
3rd edition.
LexisNexis Butterworths. 2015.
Contact us for the complete catalogue and information concerning library services:
Phone: +61 2 9926 0324
50
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Email: library@lawsociety.com.au
www.lawsociety.com.au/library
NOVEMBER 2016
19/10/2016 5:13 pm
A gift in your Will can help prevent Australians like Steve from being taken too soon.
Contact us to receive your Free DVD and guide to gifts in Wills.
Call: 1300 55 02 82
Email: giftsinwills@heartfoundation.org.au
heartfoundation.org.au/giftsinwills
ISSUE 28
NOVEMBER 2016
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Professional development
IS NOT GOLD
PHOTOGRAPHY: JASON McCORMACK
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If things go
wrong on a file,
its not the end
of the world.
Your life is not in
danger, theres
no six-foot
wave coming
down on top
of you about to
swallow you up.
You learn to not
worry about the
little things.
LELIEN CHUA
p52_53_Extracurricular_November.indd 2
NOVEMBER 2016
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PSYCHE
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PSYCHE
SCENARIO ONE
SCENARIO TWO
Why?
Why?
Why?
Why?
One of the
biggest myths
is that having
a holiday
is in itself
rejuvenating.
This is not
exactly true.
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PSYCHE
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FITNESS
5 common
injuries
and how to
avoid them
Muscle strain
Muscle strains can range from the barely
noticeable to extremely painful and
Holdsworth notes problem areas as
hamstrings, quadriceps and adductors.
He warns that strains often occur when
people fail to warm up properly before
exercising. Going for a jog before a
bench press doesnt adequately prepare
the body to bench press, he says.
You are better off performing a bench
press with light loads and progressively
increasing the load to reduce the risk
of strains.
Ligament sprain
Unlike muscles, ligaments are not very
elastic and once stretched they typically
stay stretched. Loose ligaments then
compromise joint stability and can leave
your knees, ankles and shoulders prone
to injury. To counter this, Holdsworth
recommends proprioceptive exercises
such as balance training with a BOSU
ball or wobble board. Strengthening
the muscles around your joints will help
your body to place you in stronger,
more stable positions and avoid injury,
he says.
Back injury
Inflammatory conditions
Plantar fasciitis and achilles tendonitis
cause pain in the ankles and heels and
are common inflammatory conditions
caused by running. While often only
moderately painful, Holdsworth says
you should resist the urge to train
through these conditions because it will
simply prolong and aggravate them. He
recommends rest, ice and elevation to
assist in reducing symptoms.
Bruised ego
While not exactly physical, this injury is
possibly the most common in the gym
and Holdsworth believes it prevents
more people training than any other.
Whether it is going left when you
should be going right in a Body Attack
class or lifting the lightest dumbbells
next to someone who is much stronger,
the best remedy is to try your best not
to be self-conscious. The only way to
improve is to keep going.
Adrian Holdsworth is a
personal trainer, Group Fitness
Instructor and the National
Development Manager at
Fitness First Australia.
Tom Caristo is an APA-qualified
sports physiotherapist at Elevate
corporate health clinic in Sydney.
He has five years experience
working with athletes in sport.
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CITY GUIDE
Zrich
Once derided as safe but dull, Zurich has
well and truly emerged from its chrysalis.
The city, already blessed with a beautiful
lakeside setting and picturesque old town,
has recently seen its cool factor soar thanks
to an outbreak of creative repurposing in
its old industrial district. With an enticing
blend of tradition and innovation, Zurich is
suddenly seriously hip, writes UTE JUNKER.
EAT
Its been almost 120 years since
the worlds first vegetarian
restaurant opened in Zurich, and
its wonderful to see that Hiltl,
which now spreads over three
floors, is going stronger than
ever. With a cool fit-out and an
extraordinarily diverse menu the
buffet alone features more than
100 dishes Hiltl is a must for even
the carnivorously inclined.
They keep it old school at
Kronenhalle, with formally dressed
waiters and soup served from a
tureen, but thats not what keeps
this venerable favourite in vogue.
This restaurant draws diners not
just with its food, but also with its
art collection. Where else can you
gaze at original works by Picasso,
Matisse, Mir, Kandinsky, Klee and
Chagall as you dine?
At Coco Grill & Bar, the emphasis
is definitely on the grill. Theres
no such thing as a menu here;
who needs it, when you have an
open fire and choice cuts of meat
and fish? Choose the piece that
appeals to you, and watch as it is
grilled to perfection.
hiltl.ch
kronenhalle.com
Restaurant Kronenhalle
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DRINK
SHOP
odeon.ch/en
freitag.ch
jules-verne.ch
im-viadukt.ch/en
Caf Odeon
Viadukt
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CITY GUIDE
MUSEUMS
GREAT OUTDOORS
SLEEP
Nestled in the heart of the old town,
the Widder Hotel is a glorious mashup of contemporary aesthetics and
medieval architecture, with Eames
chairs balanced on uneven stone floors
and sleek sofas contrasting with heavy
beamed ceilings. Other highlights
include a glass-walled breakfast room
and a sexy jazz bar.
Theres something for everyone at
the historic Dolder Grand, located
on a hilltop overlooking the lake. The
original building defines old-school
elegance, while the new wings,
designed by Norman Foster, offer a
more contemporary experience. The
property also rejoices in a Michelinstarred restaurant, a golf course, a
4000-square-metre spa and even an
ice rink not to mention the museumquality artworks scattered around.
Rapperswill
widderhotel.com/en/home
thedoldergrand.com/en
Pavillon Le Corbusier
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NOVEMBER 2016
6/10/2016 10:34 am
JAGUAR XE
READY TO RULE
For more information, contact MBA Car Assist on 1300 119 493
*Recommended driveaway price for Jaguar XE 20t Prestige petrol automatic.
10/10/2016 3:59 pm
YOU WISH
he road to OReillys
makes you work hard for
your holiday. The retreat
is a 35-minute drive up
Green Mountain from
Canungra on a road
peppered with hairpin turns, one-way
sections and sheer drop-offs to the valley
below. Just as you are almost impossibly
nauseous from the bends, a rainforest
canopy closes in above you, requiring
you to turn on your headlights and
pray the strangers approaching in the
opposite direction are driving as slowly
as you are. By the time you reach the
peak, its likely to be 10 degrees colder
than in the valley below.
The retreat is about 90 minutes west
of the Gold Coast, but you forget the
ordeal of getting there once you arrive.
All it takes is the sight of dozens of birds
of every colour outside reception, a walk
on one of the many short bush tracks
that surround the main building, or the
efficient and friendly service of one of
the retreats 135 staff members.
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CHECKLIST
OREILLYS RAINFOREST RETREAT
Two bedroom spa villas cost
from $409-$569 a night,
minimum two-night stay.
Visit oreillys.com.au for details.
Photographs clockwise from top left:
luxury in the two-bedroom villas,
all with spa baths with terrific views,
the Birds of Prey show, sunset over
Moonlight Crag, the Lost World Spa,
and zip-lining above the bush.
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BOOKS
books
BY ANITA MOORJANI
BY STEVE CANNANE
This is a well-researched
and detailed account of the
lies behind L Ron Hubbard's
description of himself and
the frightening approach,
according to numerous
sources and some firsthand interviews with exScientologists, is a fascinating if troubling at times read.
Cannane is now Europe correspondent at the ABC and
admits he was ignorant about the Church of Scientology
until 2010 when he was asked to follow up a Four Corners
report on the so-called religion for Lateline. He details
personal stories of people scarred by their experience
with Scientology and draws on more than 200 interviews
for the book.
"At every opportunity, before, during and after I covered
the stories ... the Church of Scientology tried to make
life difficult for me, my executive producer and the ABC,"
Cannane writes. "It was a common tactic designed to
intimidate journalists, editors and publishers to the stage
where they made a decision that these stores were simply
too hard to cover. My instincts told me it was worth the
trouble." The Church of Scientology would not put forward
anyone to be interviewed for the book, Cannane adds.
Among the most interesting chapters is the one detailing
actors Tom Cruise and Nicole Kidman's involvement in
Scientology. The chapter about Cruise's influence on
businessman James Packer is fascinating. By far the
most eye-opening part of the book is the research into
Hubbard's lies about his military record, including his claims
he received 27 medals including the Purple Heart (Cunnane
debunks this). Well worth reading.
OUT NOW
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BY JON LEVY
NOVEMBER 2016
18/10/2016 3:01 pm
MOVIE GIVEAWAY
I, DANIEL BLAKE
IN CINEMAS 17 NOVEMBER
BY MICHAEL CONNELLY
REVIEW BY JUSTIN MOSES
MUST SEE
BALLET UNDER
THE STARS
5 NOVEMBER, SYDNEY
INTERNATIONAL
REGATTA CENTRE,
PENRITH FREE
Bring family and friends,
a rug and a picnic to
enjoy a free outdoor
performance of world-class ballet in Penrith. See The Australian
Ballet perform Act II of Stephen Baynes Swan Lake, as well as
a selection of bite-sized works of about 10 minutes that will
showcase the speed, athleticism, diversity and grace of the
dancers. Register for your free ticket via australianballet.com.au
to ensure guaranteed entry on the day.
A DISTANT JOURNEY
DI MORRISSEY
In 1962, Cindy drops out of college to
impulsively marry an Australian grazier,
moving from the glamour of Palm Springs,
California, to an isolated sheep station on
the plains of the Riverina in NSW. Adjusting
to her life at Kingsley Downs station, Cindy
discovers that her new family comes with
secrets and a mystery that haunts them all.
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NON-BILLABLE HOURS
Alexander
Beagley
LAWYER, HANSONS LAWYERS
Alex Beagley played professional
basketball, including two seasons
with the Illawarra Hawks in the
Australian National Basketball
League (NBL). He hung up his singlet
in 2013 when he graduated from
the University of Wollongong with
a Bachelor of Laws and Commerce.
He took a job offer from (then)
Hawks Chairman Peter Bahlmann
to work at his firm Bahlmann Burke
Lawyers. In 2015, Bahlmann was
offered a partnership at Hansons
Lawyers and Beagley followed his
boss and mentor to the new firm.
Beagley still plays basketball regularly
and captains the Hawks in the NSW
Waratahs Basketball League.
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I GREW UP IN WOLLONGONG
and was one of those kids who liked
playing different sports. I played tennis,
AFL, soccer. I guess I enjoyed basketball
the most. It became a bit more serious
late in high school when I started getting
invitations to train with the Illawarra
Hawks. The coach at the time was
Gordon McLeod, who is a bit of a local
legend around Wollongong. He asked if I
wanted to start as a development player
with the team in the 2011/12 season. All
of a sudden, I was rubbing shoulders
with my childhood heroes at training
each day.
Two guys Matt Gamble and Glen
Saville played for the Hawks for
18 seasons. I was in kindergarten
when they came to my school to sign
autographs. Now they were my training
partners and I was visiting schools with
them and signing autographs myself. It
was pretty nuts.
It was a full-time job, playing basketball
professionally. On training days I had to
arrive before 9am, train until 1.30pm and
then go visit schools or attend nutrition
seminars until 3.30pm. Thats when Id
go straight to university. Id sit there until
the library closed at midnight just to get
NOVEMBER 2016
6/10/2016 10:29 am
Law Study
& MCLE
16/2502 CRICOS00026A
Legal Profession
Admission Board
TAKE ADVANTAGE OF
A SET RATE WITH AVIS
Members can now take advantage of the many
benefits and services offered to business renters
with Avis.
No sign up needed
A great set rate valid all year around
Great during school holidays and peak
travel periods
Reduced accident excess levels
This program is only valid for Australian car rentals booking via the Practice Connexions booking tool.
Standard age, credit card and driver requirements apply. Rentals are subject to the terms and conditions
of the Avis Rental Agreement at the time of rental. Offer valid until 30 June 2017.2016-A00107
ISSUE 28
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November Ads.indd 10
20/10/2016 3:01 pm
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Legal updates
Counter-Terrorism Legislation
Amendment Bill (No 1) 2016
The Juvenile Justice, Criminal Law and
Human Rights Committees provided
a joint submission to the Law Council
of Australia on the Counter-Terrorism
Legislation Amendment Bill (No 1)
2016 (Cth) regarding control orders.
The Committees reiterated their
concerns about those aspects of the
2015 Bill identified in its earlier letter
to the Law Council that have not been
addressed by the recommendations
of the Parliamentary Joint Committee
on Intelligence and Security or the
2016 Bill. They also provided additional
comments on the recommendations
and the 2016 Bill.
As a matter of general principle, the
Committees oppose the use of control
orders, including monitoring of control
order subjects, as it is likely to be
inconsistent with international human
rights law. The Committees reiterated
their concern about lowering the age
for the imposition of a control order
from 16 to 14 years; prioritising national
security interests ahead of the best
interests of the child; the use of
curfews as conditions attached to
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The Committees do
not support postsentence preventative
detention in prison
or its equivalent, for
any purpose. They are
particularly concerned
that the ... regime ... can
apply to a person who
committed an offence
when they were a child.
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Legal updates
FAMILY LAW
Carolyn Jones
is a senior solicitor
at Womens Legal
Service NSW.
By Carolyn Jones
ecords of therapeutic
interventions, such as
counselling or psychiatric
assessment, may be useful
evidence in litigation. However,
accessing these records can cause
significant harm, particularly for victims
of family violence and sexual assault. In
the current climate of unprecedented
focus on family violence it is essential
that legal practitioners and the judiciary
consider the unintended consequences
of accessing such records in family
law proceedings.
Statutory protection of
therapeutic records
Certain sensitive records in NSW
have explicit statutory protections.
This includes the sexual assault
communications privilege, which was
introduced into the Evidence Act 1995
(NSW), in section 126H, almost 20
years ago when the potential for harm
arising from the issue of subpoenas for
sexual assault counselling records was
recognised. The NSW Evidence Act also
includes a professional confidential
relationship privilege in section 126B.
There are also protections of
confidentiality and inadmissibility for
certain communications under the
Family Law Act 1975 (Cth) (the Act).
These include communications made
to family counsellors and family dispute
resolution practitioners (FDRP) while
family counselling or family dispute
resolution (FDR) is being conducted.
FDR is a mediation process to assist
people to resolve disputes arising out of
separation or divorce facilitated by an
accredited FDRP. Family counselling is
a process to assist people to deal with
personal and interpersonal issues and/
or issues relating to the care of children
arising from marriage, separation
or divorce and is facilitated by an
accredited family counsellor.
Unfortunately, the existence of these
statutory provisions in the Act does not
guarantee a simple application of the
protections. The family courts have
been challenged to determine when
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A genuine commitment to
improving responsiveness
to victims/survivors of
family violence must
include preserving the
integrity of their therapeutic
relationships.
Undermining therapeutic
relationships that support
a parent who is a victim of
family violence is both real
harm to the victim parent and
also likely harm to the child.
Family law professionals must
commit to adopting victim
centred practices, including
equivalent protections
of therapeutic records
regardless of their source,
obtaining informed consent
and seeking the least intrusive
source of evidence first.
the FDR process begins and ends and
therefore what will and will not be
protected under the Act. This arises
because many agencies providing
FDR employ staff other than FDRPs to
conduct intake. The courts have held
that the protection under the Act does
not extend to communications made
at the intake stage because they were
not made to a FDRP conducting FDR
(Rastall v Ball & Ors [2010] FMCAfam
1290 and Holden & Holden [2015]
FCCA 788 considering the effect of
sections 10H and 10J of the Act). A
similar position is likely to be taken
when determining the scope of family
counselling.
Confidentiality confusion
In all matters, particularly those
involving allegations of family violence
and abuse, clients and service providers
must be able to rely on a clear and
shared understanding of confidentiality.
Without this, victims of violence may be
NOVEMBER 2016
18/10/2016 2:02 pm
FAMILY LAW
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Legal updates
RISK
RISK MANAGEMENT
AND CLAIMS PREVENTION
Simone Herbert-Lowe
is a senior claims
solicitor at Lawcover.
By Simone Herbert-Lowe
Proven outcomes
Between 1987 and 1992, there had
been a steady increase in the number of
claims against law practices in NSW, with
principals of law practices facing a 40
per cent chance of receiving a claim over
that five-year period. As a consequence,
Lawcover retained external consultants
to conduct an investigation after more
than 1,000 notifications were received
in 1994 alone. The research culminated
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18/10/2016 2:40 pm
RISK
Policyholder Rebate
Lawcover has recently issued a
Policyholder Rebate ($15 million) for 2016
to eligible insured law practices. This
follows an earlier Policyholder Rebate
($23 million) issued in 2014.
The Policyholder Rebates have arisen
from better than anticipated claims
Reduced premiums
Position Available
Legal Practice Consultant
Lawcover seeks to employ a senior lawyer to join its specialist risk management team. The successful candidate will
have at least 25 years' experience as a partner/principal of a small or sole practitioner law practice and experience in
managing a legal practice with an emphasis on administration and business management.
The role will be varied and will focus on providing advice on the efficient management and administration of a law
practice including providing guidance and education on practice management risk. Intrastate travel will be involved.
The responsibilities of this role will include:
Experience/interest in legal
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This is a rare opportunity for a senior lawyer seeking a rewarding career whilst also enjoying a good work/life balance.
For a confidential discussion on this unique opportunity, contact Michelle Adler, Human Resources Manager
on (02) 9286 8811 or email madler@lawcover.com.au.
ISSUE 28
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NOVEMBER 2016
LSJ
75
18/10/2016 2:40 pm
Legal updates
TAXATION
INTERPRETING
BILATERAL TAX TREATIES
Stephen Tully is a
barrister at 6 St James
Hall Chambers.
By Stephen Tully
Background
In 1991, Australia and India concluded
the Agreement for the Avoidance of
Double Taxation and the Prevention
of Fiscal Evasion with Respect to Taxes
on Income [1991] ATS 49 (entry into
force 1991) (the treaty). The treaty is
incorporated under Australian law by
virtue of s 11Z of the International Tax
Agreements Act 1953 (Cth) and appears
at schedule 35 of that Act.
Article 7 of the treaty specifies a
business profits rule. The profits of an
enterprise from one Contracting State
are taxable only in that State unless the
enterprise carried on business in another
Contracting State through a permanent
establishment. If so, the profits of that
enterprise may be taxed in the other
State but only as are attributable to that
permanent establishment, or those
business activities or sales of goods or
merchandise of the same or a similar
kind conducted through that permanent
establishment (article 7(1)). Where profits
include income which is addressed by
other articles of the treaty, then those
articles are unaffected by article 7
(article 7(7)).
Article 12 provides for royalties. These
are defined as payments or credits
given as consideration for rendering any
services which make available technical
knowledge, experience, skill, knowhow or processes or consist of the
development and transfer of a technical
plan or design (article 12(3)(g)).
76
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TAXATION
Judgment
The appeal was dismissed, with
Robertson, Davies and Wigney JJ
reasoning (at [21]) that the primary
judges construction and application
of article 12(4) had been correct. The
phrase effectively connected with the
permanent establishment encapsulated
the test of connection under article
7(1)(a), which justified the allocation
of taxing rights to a Contracting State
in respect of the business profits of a
non-resident that were attributable to
the permanent establishment in that
State (at [39]). Article 12(4) was engaged
when the royalties could be taxed by
the source State under article 7(1)(a) as
part of the business profits attributable
to a permanent establishment in that
State. The parties had agreed that the
payments referrable to the provision
of those services were not attributable
to the appellants permanent
establishment in Australia.
Some implications
This judgment is an important
contribution to growing case law
on the interpretation of bilateral tax
treaties. Article 10 of the double taxation
agreement between Australia and
Singapore, which is equivalent to article
12 of the Australia-India treaty, was
considered in McDermott Industries
(Aust) Pty Ltd v Commissioner of
Taxation [2005] FCAFC 67. The present
judgment offers guidance on the
proper construction of article 12(4) of
the Australia-India treaty, and more
particularly defines the concept of
effectively connected.
Were the services of the kind in article
12(3)(g) that the appellant rendered
in India for its Australian customers
effectively connected with its
permanent establishment in Australia?
The word effectively qualified the
degree of connection required between
those services and the permanent
establishment in order to trigger that
article (at [43]). In its ordinary meaning,
the word effective meant actual or
existing in fact. Therefore effectively
connected with was understood to
mean having a real or actual connection
with the activities carried on through
the permanent establishment. Whether
such a connection existed could not be
answered simply on the basis that the
property, rights or services effected the
purposes of a permanent establishment.
The Federal Court also noted (at [29])
some circularity in the architecture
of the treaty. The business profits
rule under article 7(1) was subject to
article 7(7), and where business profits
included royalties, then article 7(7)
was subject to article 12(4) such that
article 7, and not article 12, applied.
Article 7 applied to the business
profits of an enterprise not covered
by article 12 that were attributable
to a permanent establishment, and
by virtue of article 12(4), to business
profits that were royalties where the
property, right or services in respect
of which they were paid or credited
were effectively connected with that
permanent establishment. It was
apparent that articles 7 and 12(4) had a
coextensive operation (at [37]). Article
7(7) contemplated that the business
profits of an enterprise might include
income covered by article 12 as a
royalty. Those royalties were payments
made in respect of property, rights or
services effectively connected with
the permanent establishment of an
ISSUE 28
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77
18/10/2016 2:04 pm
Legal updates
TAXATION
Matthew Cridland
is Head of GST &
Customs (Australia),
at DLA Piper.
By Matthew Cridland
78
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TAXATION
ISSUE 28
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79
20/10/2016 11:44 am
Legal updates
SWEEPING REFORMS TO
FEDERAL COURT PRACTICE:
AN OVERVIEW FROM THE COURT
80
LSJ
ISSUE 28
NOVEMBER 2016
20/10/2016 4:58 pm
Further reforms
Appeals
The area of appeals has undergone
considerable reform and the Court is in
the process of developing new practice
notes for appeals covering Full Courts,
original jurisdiction matters, migration
and general practice and procedure.
In the interim, an outline of the new
appeals-related procedures and further
information to assist practitioners and
Court users, is available on the Courts
website. In addition, previous practice
note APP 1 has been revoked and APP
2 has been partially amended and
reissued.
Forms and eLodgment
A number of new forms have been
created and some current forms
amended as part of the development
of the new national practice notes.
The Courts eLodgment system is in
the process of being updated to allow
Ethics
FACING AN
ETHICAL
DILEMMA?
ISSUE 28
NOVEMBER 2016
LSJ
81
20/10/2016 4:59 pm
Legal updates
Anastasia Krivenkova
is a Principal Policy
Lawyer, Policy and
Practice at the Law
Society of NSW.
By Anastasia Krivenkova*
Current legislation
NSW and Queensland remain the only
two Australian jurisdictions that have not
decriminalised abortion in some form.
In NSW, unlawful abortion is an offence
contained in sections 82, 83 and 84 of
the Crimes Act 1900 (NSW) (Crimes
Act), with penalties of up to 10 years
imprisonment for women, doctors and
anyone who unlawfully performs or
assists in the procedure.
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p82_83_LEGAL_Human rights.indd 1
Case law
In R v Wald 3 NSWDCR 25 (1971) Judge
Levine clarified, in what is now known as
the Levine ruling, that an abortion should
be considered to be lawful if the doctor
A medical decision or a
moral issue?
While it remains to be seen how NSW
Members of Parliament will vote on
each of the Bills before them, recent
surveys indicate the public is broadly
supportive of decriminalisation of
abortion (see: www.mja.com.au/
journal/2010/193/1/australian-attitudesearly-and-late-abortion). However, if
previous experience is anything to go
by, we can expect that the matters will
be subject to a conscience vote, rather
than a vote on party lines.
NOVEMBER 2016
20/10/2016 5:02 pm
Conclusion
As one of the last remaining jurisdictions
to decriminalise abortion, its time
NSW removed these offences from the
Crimes Act and left the regulation of
this basic health service to the relevant
health legislation, with appropriate
safeguards. Access to reproductive
health services should remain a decision
between a woman and her doctor not
her lawyer and regulating this just like
any other health service will preserve a
womans right to privacy, autonomy and
freedom from discrimination.
Experience in other
jurisdictions shows that
decriminalising abortion
will not increase the
numbers of abortions
performed. As one of the
last remaining jurisdictions
to decriminalise abortion,
its time NSW removed
these offences from the
Crimes Act and left the
regulation of this basic
health service to the
relevant health legislation,
with appropriate
safeguards.
*This article represents the authors
personal views. It does not reflect the
position of the Law Society of NSW.
For the Law Societys submission on
the Greens Bill currently before NSW
Parliament, see: www.lawsociety.com.au
ISSUE 28
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21/10/2016 9:27 am
Legal updates
PROPERTY
RESIDENTIAL SHORT-TERM
LETTING: IS IT ABOVE BOARD?
Kye Tran-Tsai is a
senior associate and
David Sachs is the
Principal of Sachs
Gerace Broome.
84
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21/10/2016 9:47 am
PROPERTY
BUSINESS VALUATION
SPECIALISATION
Engage a specialist today
charteredaccountantsanz.com/bvspecialists
ISSUE 28
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NOVEMBER 2016
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85
21/10/2016 9:47 am
Legal updates
GUARDIANSHIP
Richard McCullagh
is a legal director at
Patrick McHugh & Co
Pty Ltd and adjunct
lecturer in elder law at
the College of Law.
By Richard McCullagh
he incidence of errant
attorneys abusing the powers
conferred on them by their
trusting principals is increasing.
Bank accounts are raided, homes
mortgaged or sold, and the proceeds
difficult to trace if the attorney is
uncooperative or absent. Sometimes,
alarm bells are raised earlier by a family
member who gets wind of an imminent
improvident transaction.
ISSUE 28
p86_87_LEGAL_Guardianship.indd 1
Where to go?
86
Capacity
Section 7 of the POA Act expressly
preserves the application of the general
law relating to powers of attorney. This
is just as well because neither of the
terms capacity nor fiduciary duty
get a mention, despite being central
concepts.
The presumption at law is that adults
have capacity unless the contrary is
proved on the balance of probabilities. A
finding of capacity may be more readily
found where the principal has a small
pool of assets such as a house, contents
and bank account, than someone with
substantial and complex assets and
business interests which require a higher
level of capacity to manage (Szozda v
Szozda [2010] NSWSC 804 at 28). An
order declaring that the principal lacked
capacity to have made a power of
attorney has the drastic effect of voiding
all transactions purportedly entered
into under the power (Gibbons v Wright
[1954) HCA 17).
Seeking an order under s 36(4) of the
POA Act can be supplemented by an
ancillary order that the attorney, for
NOVEMBER 2016
21/10/2016 9:49 am
GUARDIANSHIP
Fiduciary duties
Why NCAT?
Both NCAT and the Supreme Court are
bound by s 56 of the Civil Procedure Act
2005 (NSW) to facilitate the just, quick
and cheap resolution of the real issues
in dispute between the parties. This
needs to be tempered by the overriding
object of the inherent protective
jurisdiction. The fundamental concern
is the best interests of the principal or,
in the case of a financial management
order, the protected person. Solicitors
should advise clients that NCAT is not
Conclusion
NCAT is an accessible and affordable
means by which to quickly avert or limit
improvident transactions in breach of
fiduciary duties by a person appointed
under an enduring power of attorney.
Solicitors can assist clients in preparing
for a hearing and occasionally, with
leave, appear for them.
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21/10/2016 9:50 am
Legal updates
TECHNOLOGY
Michael Legg is
Associate Professor,
UNSW Law.
Claire Goulding is an
associate at Jones Day.
IoT applications
Examples of IoT applications include:
Wearables: devices that people
wear that can continuously collect
information e.g. fitness trackers or
smart watches that collect data such
as heart rate, distance travelled and
calories burnt.
Building and home automation: heating
and lighting systems, gas, smoke and
heat detectors as well as security and
surveillance systems. One example is
the Nest thermostat, which records the
presence of a person in specific rooms
in a house and sets the temperature
based on past preferences.
Smart manufacturing: this adapts
domestic uses of IoT to commercial
purposes and additional activities such
as asset tracking, inventory monitoring
and factory automation and control.
Production line managers can receive
IoT data from internet-connected
machines on the factory floor and
thereby have access to real-time
information regarding the status of
each machine.
Health care: applies smart
manufacturing concepts to hospitals,
such as drug tracking. It can also
use a form of wearable to detect
changes in the human body that might
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TECHNOLOGY
Conclusion
The IoT presents myriad opportunities
for new applications, products and
even businesses. The court system
and the resolution of disputes will be
impacted as it was by email and social
media. Greater amounts of potentially
dispute-relevant data will exist. This
may have the benefit of allowing for
the determination of disputes based on
objectively recorded data, rather than
recollections or expert opinions.
It could, however, create another
round of costly and time-consuming
discovery; it may also expose the
private affairs of individuals, such as
their whereabouts, habits and medical
conditions like never before.
ISSUE 28
NOVEMBER 2016
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Legal updates
COSTS
Peter Kozera is a
solicitor, Office of
General Counsel,
NSW Police Force.
By Peter Kozera
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COSTS
Further principles
Other principles on costs include:
no order as to costs means that each
party bears their own costs (Vertzayias
v King [2011] NSWCA 215 at [111]-[114]);
time for acceptance of offer, if stated
in a covering letter but not an offer,
does not render the offer ineffective
(Leach (No 2) at [39]);
if an offer has a term that each party
bears its own costs, compared to
being silent on costs, there is no
difference; such an offer does not
contravene UCPR 20.26(2)(c)
(Jojeni (No.2));
genuine compromise should reflect
a real element of compromise and is
determined objectively according to
the circumstances at the time the offer
was made (Hancock v Arnold; Dodd v
Arnold (No 2) [2009] NSWCA 19 at [17];
Miwa Pty Limited v Siantan Properties
Pty Ltd (No 2) [2011] NSWCA 344 at [11]);
subjective intentions of the offeror
are not relevant in considering if a
compromise was real or genuine
(Hancock v Arnold; Dodd v Arnold
(No. 2) [2009] NSWCA 19 at [23]; Fabre
v Lui (No 2) [2015] NSWCA 312 (Fabre
(No.2)) at [6]).
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a publication of
November Ads.indd 11
21/10/2016 11:25 am
OCCUPATIONAL HEALTH
AND SAFETY
Tort and statutory duties
Statutory construction
In Deal v Father Pius Kodakkathanath
[2016] HCA 31 (24 August 2016) the High
Court considered the requirements of
the Occupational Health and Safety
Regulations 2007 (Vic).
The appellant, a teacher, injured her
knee while climbing backwards down a
stepladder after having removed several
posters from a pinboard. A question
at trial was whether it was reasonably
practicable for the respondent to
identify that task as one involving
hazardous manual handling and to
control the risks of musculoskeletal
disorders associated with that task.
The trial judge found that the evidence
could not support a finding that the
appellant was engaged in a hazardous
manual handling task and took the issue
from the jury. It was not in dispute that
the task constituted manual handling
in the workplace, and that the injury
was a musculoskeletal disorder. The
High Court held that it was therefore
also a hazardous manual handling task
because the load was unbalanced or
unstable; the force involved could be
only minimal.
Associated, in this context, meant that
the injury needed to arise from, and be
caused by, something intrinsic to the
hazardous manual handling task. The
Court held that it would have been open
to a jury to find that it was reasonably
practicable for the respondent to
identify the risk of an injury associated
with the task as one involving
hazardous manual handling, and for the
respondent to take steps to eliminate or
substantially reduce that risk. French CJ,
Kiefel, Bell, and Nettle JJ jointly; Gageler
J concurring separately. Appeal from the
Court of Appeal (Vic) allowed.
CRIMINAL LAW
Inconsistent verdicts jury
directions hearsay evidence
circumstances of reliable
representations
In Sio v The Queen [2016] HCA 32 (24
August 2016) Mr Sio acted as a driver
assisting with a robbery. During the
robbery, the principal offender, Mr
Filihia, stabbed to death an employee.
Mr Sio was charged on the basis of joint
criminal enterprise. He was acquitted of
murder but convicted of armed robbery
with wounding. At trial, Mr Filihia refused
to answer questions and the Crown
tendered two earlier statements, which
included statements about who had
the knife and who had encouraged
the robbery. Although hearsay, the
Crown argued that the statements were
admissible: their maker was unavailable,
and the representations were against
the interests of the maker and made in
circumstances making it likely that they
were reliable. The trial judge allowed
the evidence. The trial judge also gave
jury directions to the effect that the
elements for the offences were the
same, except that the armed robbery
charge did not require foresight of
wounding but murder did. In the High
Court, the Crown accepted that the jury
directions were inadequate, meaning
that the conviction had to be quashed.
As to the hearsay evidence, the Court
held that for each relevant fact sought
to be proved, the representation must
be identified and the circumstances
of the representation considered to
determine the issue of reliability. The
focus was the objective circumstances,
as opposed to the apparent truthfulness
of the person. In this case, there was
nothing in the objective circumstances
that shifted the balance in favour of
a finding of reliability. The evidence
should have been excluded. It was
not certain that the jury would have
convicted for armed robbery and so
CRIMINAL LAW
Extended joint criminal
enterprise liability review of
sufficiency of evidence
In Miller v The Queen; Smith v The
Queen; Presley v Director of Public
Prosecutions (SA) [2016] HCA 30 (24
August 2016) the High Court considered
the doctrine of common law extended
common purpose or extended joint
criminal enterprise, as set down in
McAuliffe v The Queen (1995) 183
CLR 108. A joint criminal enterprise
arises where two or more people
agree to commit a crime. Agreement
need not be express. All parties to the
agreement will be guilty of the crime
that is the object of the joint enterprise,
and will also be guilty of other crimes
(incidental crimes) committed by a
member of the group that is within the
scope of the agreement. A crime is
within scope if the parties contemplate
its commission as a possible incident
of the agreement. Further, if a party
foresees the commission of an
incidental crime and, even if they did
not agree to its commission, continues
to participate in the agreement with that
awareness, the party will be liable for
the incidental crime. Referring to the
recent UK Supreme Court decision in
R v Jogee [2016] 2 WLR 681, the High
Court held that it was not appropriate
to alter the common law to require
proof of intention, nor to substitute a
requirement of foresight of probability
of commission of the incidental crime.
McAuliffe was reaffirmed. However,
the Court of Criminal Appeal had not
sufficiently reviewed the evidence in
considering whether the verdicts could
ISSUE 28
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21/10/2016 11:26 am
Case notes
HIGH COURT
CONTINUED
be sustained and the matter had to
be remitted for it to do so. French CJ,
Kiefel, Bell, Nettle and Gordon JJ jointly;
Keane J concurring separately; Gageler
J dissenting. Appeal from the Court of
Criminal Appeal (SA) allowed.
CRIMINAL LAW
Criminal liability circumstantial
case unreasonable verdicts
MIGRATION LAW
Validity of delegated legislation
94
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CRIMINAL LAW
Appeals inherent powers of
courts in criminal matters
correctness of jury verdict
In NH; Jakaj; Zefi; Stakaj v Director
of Public Prosecutions [2016] HCA
33 (31 August 2016) the High Court
considered the inherent powers of a
Court to set aside convictions because
of potentially incorrect verdicts. The
appellants were accused of murder.
When delivering the verdicts, the jury
foreman gave answers to the effect
that: (i) there was not a unanimous
verdict of murder; (ii) a majority had
CONSTITUTIONAL LAW
Legislative power Election rolls
In Murphy v Electoral Commissioner
[2016] HCA 36 (5 September 2016),
the High Court upheld provisions in
the Commonwealth Electoral Act
1918 (Cth) that provide for the close
of the electoral roll and the preclusion
of additions or changes to the roll
after seven days following the issue
of writs for a federal election. It was
accepted that a law that has the
practical effect of disqualifying people
from the general franchise will only
be valid if the disqualification is for
substantial reasons. A law will be for
a substantial reason if it is reasonably
appropriate and adapted to an end
which is consistent or compatible
NOVEMBER 2016
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EVIDENCE
Whether evidence of forensic
accountant admissible opinion
rule exception in s 79(1) of the
Evidence Act 1995
In Hart v Commissioner of Taxation
(No 2) [2016] FCA 897 (5 August 2016)
the Court (Bromwich J) dismissed an
application by the applicant (Mr Hart) to
exclude evidence from his trial before
it commenced. The trial concerned an
appeal by Mr Hart from the dismissal
of objections by the Commissioner of
Taxation (the Commissioner) in relation
to an amended income tax assessment
for the 1997 financial year.
The Commissioner sought to rely on
the evidence of Mr David Van Homrigh,
a forensic accountant. The evidence,
in the form of a report and subsequent
letter, was relied upon to demonstrate
the flow of money to, or to the benefit
of, Mr Hart.
It was common ground that Mr Van
Homrigh had the necessary specialised
knowledge based on his training, study
or experience to give expert evidence
as a forensic accountant, satisfying the
first limb of the exception to the opinion
rule contained in Evidence Act, s 79(1).
The dispute concerned the second limb
of that exception, namely whether the
views expressed by Mr Van Homrigh
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21/10/2016 11:27 am
Case notes
FEDERAL COURT
CONTINUED
MIGRATION
Multiple protection visa
applications limited role of the
delegate (and AAT on review)
when determining the second
application
In Minister for Immigration and Border
Protection v SZVCH [2016] FCAFC 127
(14 September 2016) a five member Full
Court (Dowsett, Kenny, Siopis, Besanko
and Mortimer JJ) was convened in
an appeal raising issues of statutory
construction under the Migration
Act 1958 (Cth) (the Act) in relation to
multiple protection visa applications by
a person.
In 2010, SZVCH made his first
application for a protection visa. At
that time his application was assessed
against s 36(2)(a) of the Act, being the
criterion dealing with claims made
under the Convention Relating to
the Status of Refugees (Refugees
Convention). The Ministers delegate
rejected the application, which was
affirmed by the Administrative Appeal
Tribunal (AAT). SZVCH was unsuccessful
in judicial review proceedings to the
Federal Court at first instance and on
appeal.
In 2014, SZVCH made a second
application for a protection visa
expressly in reliance only of s 36(2)(aa)
of the Act, being the criterion dealing
with complementary protection.
Section 36(2)(aa) had not been enacted
at the time of his first application and
therefore could not be applied to that
earlier protection visa application. The
Ministers delegate refused the second
application under both s 36(2)(a) (Art
1A of the Refugees Convention) and s
36(2)(aa) (complementary protection)
of the Act. The AAT, on review, assessed
SZVCHs application against only the
complementary protection criterion on
the basis that it only had jurisdiction to
do this. However, the Federal Circuit
Court held that the AAT was required to
consider his claims for protection based
on the criteria in both s 36(1)(a) and s
36(2)(aa).
96
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GENERAL PRACTICE
FAMILY LAW
By Robert Glade-Wright, founder and senior editor of The Family Law Book
ISSUE 28
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Case notes
GENERAL PRACTICE
FAMILY LAW
CONTINUED
Before compliance SAPOL sent the
mothers solicitor an estimate of $2,746,
inviting her to withdraw or vary her
subpoena. The mother revised her
request (for which SAPOL estimated
$1,970) but then requested all of the
documents she initially sought, SAPOL
ultimately accepting the lesser figure.
The documents were produced via
DVD. The mothers solicitor argued
that SAPOLs charge was excessive and
that by reference to the Federal Circuit
Court Rules, which allow a scanning
fee of $0.71 per page, and the time
he believe[d] it would take a clerk to
identify the files and burn them on to a
DVD, a more reasonable fee would be
around $210 ($500 being conceded as
reasonable) (at [42]).
98
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GENERAL PRACTICE
CRIMINAL LAW
By Thomas Spohr, Senior Federal Prosecutor, Commonwealth DPP,
member of the Law Society of NSW Ethics and Criminal Law Committees
ISSUE 28
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Case notes
GENERAL PRACTICE
CRIMINAL LAW
CONTINUED
years, and a conviction for mid-range
prescribed concentration of alcohol.
In the District Court the sentencing
judge determined that the offence
was more than mere momentary
inattention, but found for a variety of
reasons that the offence fell closer to
the lower end of the range of objective
seriousness than the higher end.
The offender was sentenced to an
aggregate sentence of 27 months, with
a non-parole period of 18 months.
He appealed to the CCA on the ground
that the sentence was manifestly
excessive, at least in part because it
was alleged that the sentencing judge
had erred by taking into account the
offenders prior criminal record for the
purposes of sentencing.
The CCA (Bathurst CJ, Hoeben CJ at
By Pamela Suttor, partner at L. Rundle & Co and Chair of the Law Society Elder Law and Succession Committee
100
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ISSUE 28
NOVEMBER 2016
CLASSIFIEDS
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and estate litigation, conveyancing and
all commercial matters. Call (02) 6262
5355 or E: mail@capitallawyers.com.au,
W: www.capitallawyers.com.au.
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contacting the Advertising Sales Account
Manager, Jessica Lupton via email:
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BANKRUPTCY
Federal Circuit Court Sydney. Merewether & Co. Ph: (02) 9660 4655. mereco@
bigpond.net.au.
BANKRUPTCY & WINDING UP
Low Doherty & Stratford. Contact Patrick Doherty or Kelvin Low T: (02) 9622
4644, F: (02) 9831 2037, E: reception@
lowds.com.au.
BRISBANE, ALL JURISDICTION AGENT
Rose Litigation Lawyers - We are a specialist boutique litigation firm who act as
town agents for interstate practitioners
in litigation matters in all Queensland
State and Federal Courts. Quotes provided, referrals welcome. Contact Brisbane on (07) 3211 2922 or Gold Coast
on (07) 5574 0011. E: info@roselitigation.
com.au.
SUPREME COURT OF NEW SOUTH
WALES
CONSULTANTS
CLARE PEACOCK
COSTING
ALYSON ASHE & ASSOCIATES
p101_105_Classies_November.indd 1
NOVEMBER 2016
LSJ
101
19/10/2016 2:55 pm
CLASSIFIEDS
BINGHAM-HALL & ASSOCIATES
Experienced solicitor with current practising certificate and extensive costing experience. Send us your file and
we will draw your Bills, Objections and
Responses. Your file will be returned to
you within the week. Phone 0418 608
957, bhcosts@pesaropublishing.com.
Would any firm knowing the whereabouts of a will of the late Carmel Mary
Liso late of 2/77 Bells Line of Road,
North Richmond, who died on 30/7/2016
please contact Roderick Storie Solicitors
of 290 Windsor Street, Richmond NSW
2753, Tel. 02 4578 8544, Fax: 02 4578
8533, Email: donna@rodstorie.com.au.
MISSING WILLS
PETER HOWARD BLAKELEY
Would any person knowing the whereabouts of the will of the late Beatrice Burr,
late of Carlingford, who died on 1 September 2016 please contact Carol Flanagan of The Rocks Practice, Suite 803
Quay West, 98 Gloucester Street Sydney
NSW 2000, Phone 02 9240 6112, Email
carol@therockspractice.com.
TALISA JEANETTE DEPPELER
102
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ISSUE 28
p101_105_Classies_November.indd 2
Would any person holding or knowing the whereabouts of a will of the late
Betty June Johnston late of Fernbank
Apartment 207/2-8 Kitchener Street,
St Ives who died on 26 August, 2016,
please contact David Morgan of Alfred J
Morgan & Son at Level 9/84 Pitt Street
Sydney or by email legal@ajmorgan.
com.au within 14 days of this notice.
MARIA KOCSIS
Would any firm knowing the whereabouts of a will of the late Vlado Kurtovic
late of Kurnell who died on 28 February 2016 please contact Solon Lawyers
of Suite 601, Level 6, 74-76 Burwood
Road, Burwood NSW 2134 Telephone
No. 9745 0747 Fax No 9744 7616 Email
address michael@solonlawyers.com.au.
Would any firm knowing the whereabouts of a will of the late Joseph Mokdassy of Granville who died on 20
September 2016 please contact Forward
Legal of Level 4, 2-4 Meredith Street,
Bankstown NSW 2200. Telephone: 02
8790 1155 Fax: 02 8790 1122 Email:
jason@forwardlegal.com.au.
KENNETH BRIAN MUGGLETON
NOVEMBER 2016
19/10/2016 2:55 pm
CLASSIFIEDS
SALVATORE PUGLIA
Would any firm knowing the whereabouts of a will of the late Farid Maroun
Rahme, who died on 4/07/2016 please
contact Mark Rahme (Solicitor) of Mark
Rahme & Associates of 9 Selborne
Street, Burwood NSW 2134 Telephone
No (02) 9744 6300, Fax No (02) 9744
9010 Mobile 0421 353 778 Email address
mark@rahmelaw.com.au.
STEPHEN PHILLIP ROBARDS
Would any firm knowing the whereabouts or holding a will or other document purporting to embody the
testamentary intentions of Peter Carl
Thompson, late of Leumeah, who died
on 14 June 2016 please contact Peters
Lawyers of Suite 2a, 12 OSullivan Road,
Leumeah NSW 2560 Telephone No (02)
4626 5552 Fax No (02) 4626 6412 Email
address email@peterslawyers.com.au.
Busy sole practice, sale due to retirement. Mainly Family Law, Conveyancing,
Wills & Estates. Established 23 years with
significant deeds register. Would suit
one or two practitioners. Secure tenancy offered. Please forward your expression of interest to Confidential Box No.
3, November Law Society Journal, 170
Phillip Street, Sydney NSW 2000.
Would any firm knowing the whereabouts of a will of the late Christopher
Gordon Whiteley who died between
8/08/2016 and 07/09/2016 please contact Higgins Lawyers of 46 Main Street,
Lithgow NSW 2790 Telephone No 02
6352 1266 Fax No 02 6352 3279 Email
address reception@higginslawyers.com.
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TO SELL:
Advertise in the LSJ
Includes optional confidential
box numbers and a free listing
on the Law Society website.
PROPERTY VALUATIONS
VALUATIONS
Stamp duty, Family law & Probate valuations etc Ken Wolf JP MRE(unsw)FAPI.
Lic Real Estate Agent. 0418675611.
TO ADVERTISE:
Market your practice for sale to
over 26,000 lawyers in NSW.
Book your advertisement at
lawsociety.com.au/advertise
PUBLICATIONS
WANTED TO BUY PROBATE AND
WILL TEXTS
ISSUE 28
p101_105_Classies_November.indd 3
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CLASSIFIEDS
104
LSJ
ISSUE 28
p101_105_Classies_November.indd 4
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PRESIDENT
Gary Ulman The Law Society of New South Wales
DX 362 Sydney; 9926 0216
SENIOR VICE PRESIDENT
Pauline Wright P J Donnellan & Co Pty Limited
DX 7206 Gosford; 4324 3988
JUNIOR VICE PRESIDENT
Doug Humphreys Veterans Review Board
L2, 280 Elizabeth Street, Sydney; 9213 8603
TREASURER
CoralieKenny C/o Suncorp
Level 2, 18 Jamison Street, Sydney; 0408 919 082
IMMEDIATE PAST PRESIDENT
John Eades Noyce, Salmon & DAquino
DX 5902 Griffith; 6969 0000
ISSUE 28
p101_105_Classies_November.indd 5
NOVEMBER 2016
LSJ
105
19/10/2016 2:56 pm
Legal funnies
witless
EXPERT
DIY medical
balls-up
Sydney
lawyer
awarded
$1,200 for
failed pizza
delivery
106
LSJ
ISSUE 28
p106_Witless November.indd 1
NOVEMBER 2016
18/10/2016 11:10 am
November Ads.indd 2
11/10/2016 2:00 pm
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November Ads.indd 9
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