PROCTOR DECEMBER DECEMBER 2 019 | Human Rights

DECEMBER 2019 FRONT AND CENTRE Queensland’s first Human Rights Commissioner Scott McDougall

SYMPOSIUM 2020 TECHNOLOGY AND ACCESS TO JUSTICE EARLY CAREER LAWYERS Ethics was never like this Will it provide the answers? Sea law, do law Where Work Flows. A winning legal team is made up of many important parts. Our team can help you keep them all moving.

Julian Morrow to help attendees pursue elusive CPD point Document Production Support The Law In Order Difference 16 20 26 — Established 1999 eDiscovery Services —24/7, 365 days a year FEATURES LAW YOUR PRACTICE —Servicing Law Firms, Corporates and Government Agencies 16 Symposium 2020 30 Back to basics 45 Your legal workplace Forensic Data Specialists Ethics was never like this Interlocutory costs orders Basic entitlements – community service, — Unparalleled quality public holidays and more 20 Human rights 32 Early career lawyers — Secure and confidential practices A delicate balancing act Sea law, do law 46 Practice management Managed Document Review to protect you and your clients Front and centre The law firm employee experience Time for a Human Rights Act 35 Ethics — Realtime job tracking via our website Secret client base is dishonest 26 Technology and access to justice OUTSIDE THE LAW — Latest document technology Will it provide the answers? 36 Succession law eHearing Solutions De factos – the I do’s and I don’ts 48 Classifieds 38 Your library NEWS AND EDITORIAL 2019: CaseLaw upgrades and more 52 Wine Expert seven reveal their festive favourites Working with us, makes working with your clients easier. 2 President’s report 39 Professional development Equipping for success in a changing 54 Crossword 5 CEO’s report legal market 55 Suburban cowboy ex vice cell 6-8 News Anniversary at the day hospital er en 40 Access to justice s c n e

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Those skills also feed into one of my deepest The Ethics and Practice Centre – now Speaking of the President, I also say to the passions, the need for more solicitors on known as Solicitor Support – remains the new Council: get behind him. The presidency our Bench. Simply put, the ranks of judges, jewel in the QLS crown, and I am massively is a powerful and influential position, and magistrates and tribunal members need the appreciative of the support and services they carries much prestige, but it is still only one diversity that only solicitor candidates bring. I have delivered. I am proud to have been able person. I know from past experience that am very happy to note that I have welcomed to help deliver a long-held dream of Director a president can achieve great things with many solicitors and former solicitors to Stafford Shepherd in making the centre an a supportive council. Absent that support, those ranks this year, and that the Attorney ILP, which has greatly increased the services however, a presidency can slip into figurehead has listened to my call for more solicitor the centre can supply. status, and our profession be diminished. appointments. I can assure her and any who As I say, all these things occur because QLS Finally, I note that the end of this year follow in her footsteps that my advocacy on staff get behind them, drive them and go the represents the effective end of my many long that issue will not cease on the end of my years on council. Though I will retain a formal official duties! extra mile, or indeed the extra five miles if that is what it takes. QLS is a not-for-profit, role as the Immediate Past President, that is I am especially proud of some of the advocacy and we do not have heaps of money and a legacy position from the current Council; it feels much like the end of an era for me. efforts I have had the privilege to lead this year. resources to throw at our projects, but they Standing up for our strong, independent and do get done. They get done because the staff So I would like to take this opportunity to talented judiciary has been its own reward, here do more than what is in their position thank you, the members of QLS, for your and I am confident we have managed to blunt description and go well beyond their pay support, friendship and encouragement in that the shrill attacks of a sometimes callow and grades to deliver for members. Indeed it is time. I have enjoyed the privilege of serving ill-informed media. We have also stood tall on the case that for all the services and products you for many years and in the highest of – and garnered much support for – the issue the Society makes available for members, the offices in our council, and I am truly humbled of an independent judicial commission, which biggest benefit to membership is that it puts by the trust you gave me with those roles. would reassure the community (and disarm this mob in your corner! A pleasing side benefit of my years on the shock journos). Council, and particularly in the roles of We have also had the courage to speak President, Deputy President and Immediate out on the rare occasions that something The people you are, Past President, is that my duties included is amiss on the Bench, especially the vexed meeting so many members. I suspect I may issue of judicial bullying. I am proud we did the work you do, well have met more QLS members than any not waiver in the face of that challenge and other President – in any event I am going to stood by our members even on such and the efforts you claim it! a difficult and delicate issue. make on behalf of The people you are, the work you do, and We have been relentless in our call for a the efforts you make on behalf of clients, properly funded justice system, including clients, colleagues colleagues and community has always all levels of courts and tribunals, especially inspired and fortified me. I have never doubted Victories and challenges QCAT which performs minor miracles on a and community has that I was involved in a worthy cause, because daily basis despite a shoestring budget. We of the great worth of our membership. cannot continue to rely on that, and I hope always inspired and Despite our (occasionally very public) the new Council rides the momentum of detractors, we remain a noble profession 2019 to get the government to resource our fortified me. in the year that was working for the greater good of the justice system fully. community, and regularly making a One of the things I really must do is thank the To the incoming Council I wish the best of positive difference – and that is down to My 2019 wrap-up wonderful and supportive staff of the Society. luck, and warn them to be ready for hard the quality of our individual members. I Everything I have managed to achieve in this work. The position you have is a privileged can deliver resources like the practice year has been due in no small part to their skill, one, and you represent a noble and worthy support consultancy, lecture series and hard work and support. The submissions to membership; but never forget that to other products, but at the end of the day Well, it turns out that roaring One of the things of which I am most This year has also seen the successful which I have spoken in parliamentary inquiries represent them is to serve them. Whatever the success of our legal system rests in proud when I look back across 2019 is that launch of our Aspire lecture series, a project the hands of our members and how they sound I had in my ears was not the are succinct, fact-filled and persuasive, and you do, whatever projects you undertake, Queensland Law Society has been the voice near and dear to my heart. It is wonderful to my briefings always comprehensive and timely. must be done for the benefit of our members conduct themselves. Time and again, those ocean, but rather the end of my of reason on all these, and many other, vital see our members embrace this series, and When QLS holds events, either at Law Society and thereby our justice system and indeed hands have proven to be strong and safe, presidency rushing towards me at issues. Not only that, it has been a voice that their willingness to think outside the box on House or in the far-flung reaches of our state, the Queensland public. and good ones to leave the system in; I was heard. I am pleased to be able to note leadership and look to take opportunities to they go off without a hitch; all I have to do is confidently do so. I am very comforted that the incoming what seems like the speed of light! that the Society has become once again the broaden their skillset in many different ways. turn up and speak! President, Luke Murphy, has given me his It has been a pleasure serving you all, go-to for media pundits when seeking a view A point that seemed a long way off when Our Solicitor Advocates Course has come word that his presidency will continue to take care of yourselves and each other. on the legal issues of the day. I wrote my first column for 2019 is fully into its own in 2019, with the basic support those important projects – such as suddenly here. I have noted in the past that it is the legal course again being offered, but also a family MALS, Aspire, Solicitor Advocates Course, Bill Potts profession’s role to guide public discussion law-specific course, and two higher level To say it has been an interesting year practice support consultancy – that have Queensland Law Society President on the big issues of justice and the rule of courses for those who want to double down would be an understatement of significant proved so popular with our members. [email protected] law, and we have excelled in that space this on that advocacy skillset. With solicitors now proportions. We have had a barrister doing the bulk of our state’s courtwork, these Twitter: @QLSpresident informing on her clients in the Lawyer X year. I have spent a lot of time on radio, TV LinkedIn: linkedin.com/in/bill-potts-qlspresident and in other media being interviewed on skills certainly increase the employability of scandal, some high-profile legal people our members. Given the popularity of the charged with serious offences up here, and a those important issues, and the profile of our Society – and the weight our voice carries in course, which sells out fairly quickly, I am seemingly endless attack on the judiciary by confident we are on the right track here. sections of our media. Never a dull moment, these debates – has never been higher. to be sure!

2 PROCTOR | December 2019 PROCTOR | December 2019 3 CEO’S REPORT ADVERTISEMENT

Contribution > recognition Celebrating our own

Perhaps in a perfect world, all of It was exciting to be there for the presentation Specialist accreditation of the inaugural Dame Quentin Bryce the contributions that Queensland Domestic Violence Prevention Advocate An event this month recognises the lawyers make would be publicly Award, which recognises the contribution, dedication and professionalism of QLS commitment and professionalism of an members – the Brisbane Specialist acknowledged. individual in the Queensland legal profession Accreditation Christmas Breakfast, which The truth is, however, that much of the pro who has worked to address domestic violence was preceded by corresponding events bono work and the other contributions that and advocate for change within workplaces, in Cairns and Townsville late last month. members of the profession make remains through fundraising or academic engagement This breakfast event features the popular unheralded, and in fact some of our unsung in the legal and/or social systems. annual address by Chief Justice Catherine heroes are quite content for that to continue. This is a continuing task of the upmost Holmes and recognises the achievements of At Queensland Law Society we are keen to importance and I celebrate the many this year’s specialist accreditation graduates see the work of our members acknowledged, outstanding nominees we received. in the presence of family, colleagues, and we support other organisations which In the end there were eight finalists. representatives of the judiciary and members of the specialist accreditation community. recognise positive contributions within and The winner of the inaugural award was by the profession. Sharell O’Brien, the coordinator of the And I am pleased to advise that this year’s For example, we were the gold sponsor Mackay Domestic and Family Violence High event will see the presentation of our for the Women Lawyers Association of Risk Team. She has dedicated the last six inaugural Outstanding Accredited Specialist Queensland 41st annual awards dinner, held years to providing duty lawyer services, legal Award, which will recognise the exceptional on 25 October at Brisbane’s Hilton Hotel. advice, casework representation, and early contribution to the profession by a senior intervention and prevention strategies such accredited specialist. This ceremony recognised the achievements as community development, community legal This year the specialist accreditation and contributions of the Honourable Margaret education, community awareness projects Wilson QC (Woman in Excellence Award), programs covered family law, property law and advocacy for law reform for ending and succession law. In 2020, the programs Bridget Cullen (Leneen Forde AC Woman domestic and family violence. Lawyer of the Year), Zinta Harris (Trailblazer will cover business law, commercial litigation, of the Year), Tanya Straguszi (Regional In 2017, Sharell developed the Rural Regional criminal law, immigration law, personal injuries Woman Lawyer of the Year), Annie Mish-Willis and Remote Legal Assistance Project. The and workplace relations. The workplace (Emergent Woman Lawyer of the Year) and RRR Legal Assistance Project gave women relations accreditation program will be run Jeffrey Cuddihy & Joyce Solicitors (Legal the ability to obtain legal advice via Skype collaboratively with other law societies. Aid Queensland Equitable Briefing Award). at several community support organisations across North, Far North and Western Festive wishes On behalf of the Society, I congratulate Queensland. In 2014, she developed the these award winners and thank them for the ‘Ask Nola’ website which provides important Finally, I would like to offer my best wishes passion with which they perform their duties, free legal education to community support for the festive season to our members, their and for their contributions to the profession workers in rural and remote locations who families and staff. Our profession isn’t easy; and the community. assist women experiencing domestic and we work hard in the service of justice and our community, and sometimes this becomes a We have also provided significant support family violence. The membership base of the stressful, emotional rollercoaster. for an organisation which makes an website grew to over 200 members. QLS is enormous contribution to the community, proud that we can provide full logistical and Please ensure you make the time to relax, Women’s Legal Service Queensland. Last event support for this event, which sees all enjoy the company of family and friends, month’s Legal Profession Breakfast, held in proceeds going to Women’s Legal Service and return next year refreshed and ready the Main Auditorium at Brisbane City Hall, to help it provide free legal and welfare for the challenges ahead. was fully booked, with around 800 guests – a assistance to women and their children who who’s who of the Brisbane legal community, experience domestic violence. Rolf Moses Queensland Law Society CEO enjoying a delicious breakfast and a personal The work that the service does, much of and moving keynote address from Arman which is pro bono, must be recognised Abrahimzadeh OAM. and acknowledged.

PROCTOR | December 2019 5 NEWS

Notice of Annual General Meeting of Queensland QLS election Law Society Inc. results (Pursuant to Rules 59 and 60 of the If you would like to attend in person, please The successful candidates in this Legal Profession (Society) Rules 2007) RSVP by 3pm on Friday 6 December 2019 to year’s Queensland Law Society [email protected] or phone 07 3842 5904. election will take office from Notice is hereby given that the 91st Annual General Meeting (AGM) of members of Any full member whose subscription is not 1 January for a two-year tenure. Queensland Law Society Incorporated will be in arrears and who is present in person or The final results of the poll, which held in the Auditorium, Level 2, Law Society by proxy is entitled to vote at the meeting. closed on 24 October, are: House, 179 Ann Street, Brisbane at 1pm on Wednesday 11 December 2019. Proxies President: Luke Murphy A member who is entitled to vote may Deputy President: Elizabeth Shearer Business: appoint one proxy who is another member • Confirmation of minutes of the AGM who is entitled to vote. To be valid, the Vice President: Peter Lyons held on 4 December 2018 completed proxy form must be received Ordinary Members of Council: • Reception of the annual report and by the Secretary by 1pm on Monday 9 financial statement of the Council for December 2019. Completed proxy forms Michael Brennan the year ended 30 June 2019 can be returned by: Allison Caputo • Consideration of any motion, notice a. Scanning and emailing – Attention: Chloe Kopilovic of which has been given in accordance Corporate Secretary, [email protected] with the requirements of Rule 60(2) of the b. Post – Attention: Corporate Secretary, Kirsty Mackie Legal Profession (Society) Rules 2007 GPO Box 1785, Brisbane, Queensland, William (Bill) Munro • Such further business as may lawfully 4001 Rebecca Pezzutti be brought before the meeting. c. Hand delivery – Attention: Corporate Secretary, Level 2, Law Society House, Kara Thomson 1 November 2019 179 Ann Street, Brisbane. Phil Ware By Order A proxy form can be downloaded from Win. Win. qls.com.au > For the profession > Practice QLS congratulates the successful Unbeatable extras. Exceptional value. support > Resources > Legal profession forms. candidates in the election. The Society’s annual report, including financial statements, is also published on At Mercedes-Benz, it’s a win-win with outstanding value and extras across an exhilarating line-up. Louise Pennisi, the Society’s website. See qls.com.au > Featuring the GLA 180 with Metallic Paintwork, B 180 with Panoramic Glass Sunroof, C 200 Sedan Corporate Secretary About QLS > Annual Reports. and Coupé with AMG Line Bodystyling – plus much more.^ So whichever model you choose, you win. Plus, you could also benefit from the Mercedes-Benz Corporate Programme,[1] including:

• 3 years complimentary scheduled servicing.[2] Seven-year • Reduced retailer delivery fee.[3] • Total of 4 years Mercedes-Benz Road Care nationwide. celebration • Pick-up and drop-off or access to a loan car when servicing your vehicle.[4] Visit your participating retailer today. Damien Greer Lawyers, which focuses solely on family law, recently celebrated the firm’s seventh anniversary at Damien and his wife Kate Greer’s residence in Fairfield, with around 150 friends, colleagues and referrers. The evening began with words of thanks and wisdom from Principal Damien Greer, ^ Offer available on new, standard specification GLA 180 Urban Edition, B 180 Sport Edition, C 200 Sedan & Coupe Sports Edition and ended with a light roast and toast from and E 200 Sedan Sport Edition ordered and delivered between 1 November and 31 December 2019 unless extended. Offer excludes the firm’s Special Counsel, Wendy Miller. rental, government and national fleet customers. Not available in conjunction with any other offer. Offer is not a chance to win. Visit The firm’s staff are pictured at the event, from www.mercedesbenz.com.au/winwin for full terms. 1Corporate Programme is subject to eligibility 2Available at authorised participating left, Wendy Miller, Simone Langlois, Samantha Mercedes-Benz retailers on new and demonstrator passenger cars only. Scheduled servicing is provided through a Service Solutions Pay Upfront Plan, up to 3 years or the relevant mileage-based servicing interval applicable to your model, whichever occurs first. Isdale, Joseph Taylor, Jodie Mulcahy, Carolyn Please refer to the Owner’s Manual or an authorised Mercedes-Benz retailer to confirm the service interval for your vehicle. 3Not McKenna, Wendy Wright, Damien Greer, applicable to all models. 4Within 25 km of the servicing retailer and subject to availability. Only available during the period of Scott Richardson, Sarah Dibley, Justin Hine, complimentary servicing offer. Visit the website or your authorised retailers for full terms and conditions. Arlena Casey and Caitlin Wilson.

6 PROCTOR | December 2019 NEWS

The event was held at The Grove on Hospitality the 480 Queen Street and was hosted by Managing Partner Curt Schatz along Queensland Law Society Inc. with partners Louise Wallace, Matthew 179 Ann Street Brisbane 4000 Mullins way Bradford and Michael Potts. GPO Box 1785 Brisbane 4001 Phone 1300 FOR QLS (1300 367 757) Mullins hosted its inaugural hospitality The event was in line with the firm’s decision Fax 07 3221 2279 qls.com.au in 2018 to rebrand and focus on nine key industry event on 31 October, showing Published by Queensland Law Society industries. Hotels and accommodation, pubs appreciation to the clients, referrers ISSN 1321-8794 | RRP $14.30 (includes GST) and restaurants, and clubs are three of the and friends of the firm who have firm’s key industries and together represent President: Bill Potts supported the firm’s hospitality team. a large section of the firm’s clients. Vice President: Christopher Coyne Immediate Past President: Ken Taylor Councillors: Michael Brennan, Chloe Kopilovic, Peter Lyons, Kirsty Mackie, Luke Murphy, Travis Schultz, Karen Simpson (Attorney-General’s nominee), Kara Thomson, Paul Tully. Chief Executive Officer: Rolf Moses

Editor: John Teerds [email protected] | 07 3842 5814 Design: Alisa Wortley, Courtney Wiemann Art direction: Clint Slogrove Advertising: Daniela Raos | [email protected] Subscriptions: 07 3842 5921 | [email protected] Proctor committee: Dr Jennifer Corrin, Kylie Downes QC, Steven Grant, Vanessa Leishman, Callan Lloyd, Adam Moschella, Bruce Patane, Christine Smyth, Anne Wallace. Proctor is published monthly (except January) by Queensland Law Society. Editorial submissions: All submissions must be received at least six weeks prior to the month of intended publication. Submissions with legal content are subject to approval by the Proctor editorial committee, and guidelines for contributors are available at qls.com.au Advertising deadline: 1st of the month prior. Subscriptions: $110 (inc. GST) a year (A$210 overseas) Circulation: CAB 31 March 2019 – 11,267 (10,327 print plus 940 digital)

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8 PROCTOR | December 2019 SOCIAL MEDIA ON THE INTERWEB INSTAGRAM

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10 PROCTOR | December 2019 PROCTOR | December 2019 11 IN CAMERA

LIVE AND LET DIE

SUCCESSION AND ELDER LAW CONFERENCE

This year’s Succession and Elder Law litigation basics to complex ethical Conference, at the Surfers Paradise matters involving purported wills. Marriott Resort & Spa in early November, LIFE AND Dr Helena Popovic’s session on the was another great success, both 12 key factors to boosting your most professionally and socially. valuable asset – your brain – was a big DEATH, With its dual themes of life and death, hit with delegates, as was the Live and the 150 attendees enjoyed sessions Let Die/James Bond-themed MR BOND spanning all learning levels, from estate conference dinner.

12 PROCTOR | December 2019 IN CAMERA Breakfast for a multitude One of the largest single events of and co-founder of the Zahra Foundation INVEST Australia, while another highlight was the the QLS year saw some 800 guests presentation of the inaugural Dame Quentin sitting down to a scrumptious Bryce Domestic Violence Prevention Advocate IN YOUR breakfast and moving addresses Award, which recognises the contribution, commitment and professionalism of an at the Legal Profession Breakfast individual in the Queensland legal profession 2019, held in the Main Auditorium at who has worked to address domestic violence FUTURE and advocate for change within workplaces. Brisbane City Hall on 14 November. It was won by Sharell O’Brien of the Domestic Violence Resource Service, Mackay. The morning included a heartfelt keynote address by Arman Abrahimzadeh OAM, a Proceeds from the Legal Profession Breakfast passionate advocate against domestic violence benefit Women’s Legal Service Queensland.

“During the QLS PMC you will develop goals and measures to monitor the growth and success of your practice. That’s a great investment in your future.”

SAM ADAMS Partner, Cooper Grace Ward Aspiring to leadership

New Queensland Legal Services Commissioner and former QLS President Megan Mahon delivered the second address in this year’s Aspire Leadership Lecture Series to an attentive audience at Law Society House on 6 November.

25-year membership pin recipients at last month’s Celebrate, Recognise and Socialise Toowoomba in Toowoomba made it a family affair, bringing guests that included parents, partners and celebration a children, two of whom are law students. Pictured above, from left, are QLS ethics solicitor Shane Budden, pin recipients family affair Amanda Boyce, Dean Spanner and Leesa Beresford, and Downs and South West View course dates Queensland District Law Association President Sarah-Jane MacDonald. qls.com.au/pmc PMC_P1912FP

14 PROCTOR | December 2019 SYMPOSIUM 2020

entertaining way. I’m bringing the skills I’ve Legal Ethics has never been this fun...which developed over 20 years in television to isn’t saying much. the continuing education part of my former career as a lawyer. (I’m no longer practising, What are the ethical-type questions that but was never actually struck off). you will pose during your gameshow that can be answered true or falseyes or no Why did you choose to give your CPDUI Trivia and ethics may seem an unlikely t, but events an ethics focus the quiz format actually makes for a clear and From talking to lawyers at CPDUI, I get the effective way to raise the full gamut of topics impression that the compulsory CPD unit within ethics and professional responsibility. awer and comedian ulian in ‘Practical Legal Ethics’ can be the one And sure, lawyers’ ethical dilemmas in real life practitioners nd themselves scrambling to ll Morrow has made a career o may not have answers which are as simple or as the end of the CPD year approaches each clear as the answers to trivia questions. But pulic nuisance in various orms March. So as a lapsed lawyer, I felt it was my I’d like to think lawyers who’ve been to ‘Ethical non-professional responsibility to provide an He co-founded The Chaser satirical media Pursuit?’ will feel more equipped to deal with engaging way to get your ethics point. empire and joke company Giant Dwarf, as those thorny issues if and when they arise. well as making TV shows including The What do you think it is about the Election Chaser, CNNNN, The Chaser’s War What sort of massive prizes will this information you present that resonates on Everything, The Hamster Wheel and The gameshow offer with and interests lawyers Checkout. His work has been nominated, Wow. The prizes are so massive that I think ‘Ethical Pursuit?’ operates as a refresher unsuccessfully, for many awards, and it might technically be illegal to even mention course on basic precepts of legal ethics prosecuted successfully in many courts. them. Certainly unethical. Either that, or the and professional responsibility as well as prize is the CPD point. In recent years, he has taken to claiming credit providing a snapshot on recent cases and for the work of others as executive producer developments. That may resonate with and of Lawrence Leung’s series, Choose Your How do you see the delivery of CPD interest some, but to be honest the information in the future Own Adventure and Unbelievable, Eliza and that seems to resonate and interest lawyers I’m sure that most CPD will stay fairly Hannah Reilly’s Growing Up Gracefully and most is the answer to the question, “Can I conventional, but I think there’s huge Sarah Scheller and Alison Bell’s The Letdown. claim my compulsory CPD point for Practical potential for innovation in on-demand, In 2020, however, Julian’s career will reach Legal Ethics if I stay until the end?” technology-based CPD…and I’m looking a new pinnacle when he presents ‘Ethical forward to being part of that! Pursuit —The legal gen(i)us edition’, billed as How have the skills and eperience you’ve obtained through working in a “professionally-developing world- rst* CPD What new technologies do you see television shaped your ability to deliver gameshow for lawyers”, at QLS Symposium being used to deliver legal education 2020. Proctor asked Julian to explain this education in the legal professional in the future revolutionary concept: development space Interactive video has huge potential. Imagine As well as making (ABC consumer affairs Black Mirror: Bandersnatch as a CPD module. What initially led to your interest in show) The Checkout, which basically involved OK, actually don’t. That’s terrifying. But I think fi nding alternative ways to deliver turning a 500-page statute into an informative combining new technology with the insights engaging CPD light entertainment TV show, ‘Ethical Pursuit?’ of behavioural economics has huge potential. I worked as an employment lawyer for several also draws on other educational quiz formats years before improving the quality of legal I’ve developed, like ‘Question Time’ (the Do you have anything else you would profession by leaving it. It’s fair to say that weekly Australian politics quiz I ran as host like to add my memory of the CPD sessions I went to as of Friday Drive on Radio National in 2012-13) I’ve had a really positive response so far to a lawyer gave me an inkling that it might be and The Chaser’s Media Circus on ABC TV. possible to make CPD more engaging and ‘Ethical Pursuit?’. I’ve done sessions interstate entertaining without reducing the quality or Your career began working as an industrial for the Law Institute of Victoria and the Law amount of legal content. relations lawyer in Sydney. Understanding Society of South Australia. My favourite bit of the pressures on young lawyers do you feedback was from a very senior practitioner Can you tell us more about your have any advice for them who came along to the ‘Ethical Pursuit?’ in CPDUI events Melbourne. I remember seeing him when he As a young lawyer I over-worked myself in arrived and thinking to myself, “you’re going to I started CPDUI – ‘Continuing Professional a way that made me less effective and less hate this”. He came up at the end of the night Development Under the In uence’ – as an happy. On re ection, that seems sub-optimal. event at Giant Dwarf Theatre, which I run in and said: “I’ve been going to CPD sessions Redfern (Sydney)…so the true origin is trying Can you give us a teaser of what your about ethics for 40 years and that was the to mitigate the losses that go with trying to session at Symposium will entail best one I’ve ever seen.” The poor man had clearly lost his marbles. run a theatre... ‘Ethical Pursuit?’ operates like a CPD version Julian Morrow to help attendees But the aim of CPDUI is to create events of pub trivia. Lawyers who come along get a that have the same quality and quantity free glass of wine on arrival, and then use their pursue elusive CPD point of legal content you get in your standard phones to answer trivia questions about a CPD session, but to deliver that in a more subject that’s not at all trivial. ulian Morrow is a kenote speaker at Smposium Register to attend at qls.com.ausymposium

16 PROCTOR | December 2019 PROCTOR | December 2019 17 DIARY DATES CAREER MOVES

In 2020... Julia Zhu Madeline Fouhy Brendan Whelan Brendan Stephanie Murray

oc in our rofessional develoent for the new ear and secure our CD reuirements March . qls.com.auevents Rina Heyns Joelene Nel Career Vicki Holmes February Core CPD: 3 in 1 workshop Mitchell Anderson 20 Essentials | 8.30am–12pm | 3 CPD New Year Profession Drinks moves 06 Brisbane 5.30–7.30pm Gain your three core CPD points in one hit. Designed for practitioners Brisbane of all experience levels–sessions will cover ethics, trusts, and costs. Join fellow QLS members at this relaxed, social evening Clifford Gouldson Lawyers Julia Zhu, Mitchell Anderson and Rina Legal, and is a committee member of to ring in the New Year. Heyns have joined the firm as solicitors. Julia the Gold Coast District Law Association. Priced to sell: Finding the right Clifford Gouldson Lawyers has welcomed is responsible for managing relationships Online marketing Madeline Fouhy to the commercial and with Chinese investors conducting business Slater and Gordon 21 pricing model property team. Madeline has varied property in Australia. Mitchell will work closely with 11 Essentials | 12.30–1.30pm | 1 CPD Slater and Gordon has strengthened its Essentials | 12.30–1.30pm | 1 CPD law experience, including conveyancing, the litigation, construction and sports Online leasing and business sales. law departments, ensuring contractual Queensland medical law practice with the Online compliance and commercially beneficial recruitment of Vicki Holmes as a principal Master your online marketing strategies. Create client leads, build a lawyer in the medical negligence team. credible and trustworthy online presence and grow your business More and more clients are seeking xed-fee services – but do you MBA Lawyers outcomes for large-scale projects. As a through cost-effective digital channels. know how to successfully transition your rm from time-billing, or member of the litigation department, Rina Vicki has more than 28 years’ experience offer xed-fee services without compromising the due care and MBA Lawyers has announced the will support clients across all contract and in medical law claims in Australia and the consideration each matter requires? This livecast will discuss appointment of Stephanie Murray as a alternative pricing models and better place you to decide which dispute and litigation matters. United Kingdom, and has acted for clients partner. Stephanie, who joined the firm model is right for you. in some of Australia’s largest and most Practice Management Course: Sole in 2017, is a QLS Accredited Specialist McLaughlins Lawyers complex medical law cases. 13 in Family Law, specialising in complex practitioner to small practice focus parenting and domestic violence matters. McLaughlins Lawyers has announced the promotion of family lawyer and mediator 13–15 | PMC | 9am–5.30pm, 8.30am–5pm, Specialist Accreditation Brendan Whelan has been welcomed as 9am–1.30pm | 10 CPD Joelene Nel to associate director. Joelene has 24 an associate, bringing 18 years of litigation Proctor career moves: For inclusion in this section, Information Evening practised in family law for more than 15 years Brisbane experience in personal injuries, commercial please email details and a photo to [email protected] and has experience in an all areas of family law 5.30–7.30pm litigation, debt recovery and criminal matters. by the 1st of the month prior to the desired month of Develop the essential skills and knowledge required to manage a and domestic violence. Joelene volunteers with publication. This is a complimentary service for all firms, Brisbane successful legal practice. Learn the art of attracting and retaining Women’s Legal Service and My Community but inclusion is subject to available space. clients through marketing and client service techniques, and If you are a full member of QLS and aspiring to become an best billing practices. Find out how to develop a business plan Accredited Specialist in commercial litigation, business law, criminal and manage your practice nances in a pro table and nancially law, personal injuries, workplace relations or immigration law, then sustainable way. Hear from the experts about new legal technology we invite you to attend this complimentary information evening. and how to manage business risk, trust accounting and legal ethics in this evolving legal environment. How to run a profi table practice Want to focus on your area of law? 26 Essentials | 8.30am–12pm | 3 CPD Risks of using social media Brisbane Shine Lawyers are now purchasing personal injury files. 19 Essentials | 12.30–1.30pm | 1 CPD Running a law practice has a number of competing challenges; and your pro tability is directly affected by more of these frictions We have a team of dedicated personal injury experts in Online than you may realise. This practical workshop will bring three Queensland who can get these cases moving, allowing CONTACT pro tability and organisational experts together to help you relieve Minimise the risks and maximise the bene ts of using social media your firm to concentrate on your core areas of law. as a tool for self-promotion in the modern legal profession. the frictions, and boost your bottom line–from multiple angles. Simon Morrison We are prepared to purchase your files in the areas of: Managing Director E [email protected] T 1800 842 046

Motor On-demand resources Personal Medical WorkCover ESSENTIALS Gain the fundamentals of a new Vehicle ccess our popular events online, practice area or refresh your existing skillset Injury Negligence Claims anwhere, antime and on an device Accidents PMC Advance your career by building the qls.com.auon-demand skills and knowledge you need to manage a legal practice

18 PROCTOR | December 2019 PROCTOR | December 2019 19 HUMAN RIGHTS

The Human Rights Act 2019 (Qld) Entities may be deemed as public entities on The protections against discrimination (s15) A place for international ‘functional’ grounds if, for example, they are: and to promote justice in civil and criminal human rights law (the Act) heralds a significant procedures (s31 to s35) are also expected • an entity established by an Act when the to reflect or dovetail with existing statutory A delicate change to the way in which entity is performing “functions of a public In the absence of jurisprudence about and common law protections. There will be administrative decisions are nature”: s9(1)(f) interpretation of the nature and scope of the occasions where competing rights will be rights in Queensland, it will be permissible to to be made in Queensland • an entity whose “functions are, or include, more difficult to balance. The protection of functions of a public nature” when it is look to the ACT and Victoria, as well as to balancing act families as “the fundamental unit of society” international case law: s48(3). from 1 January 2020. performing the functions for the state will at times be in tension with the protection or a public entity (under a contract or of children in their “best interests”, particularly In thinking about the specific cultural rights The Act introduces 23 civil, political, otherwise): s9(1)(h) for decision makers in education, health, for Aboriginal peoples and Torres Strait Impact of new Act to be economic, social and cultural human rights, disability, child and youth protection and Islander peoples, it might be mentioned drawn from international treaties, with the Some “functions of a public nature” are defined and include corrective services, corrective services (s26). that overseas advocates are becoming felt from 1 January fundamental objective of building a culture increasingly creative in using human rights emergency services, public health and The “right to health services” is novel for in Queensland whereby human rights are frameworks, including ‘right to life’, ‘right disability services, public education (including Australian human rights protection, and respected, protected and promoted. The to protection of home’, and ‘cultural rights’, public tertiary and vocational education), it remains to be seen how this will be legislation will impact public entity decision to challenge government decisions that fail public transport and certain housing services: interpreted. In other jurisdictions, challenges makers at all levels, including by: to adequately address or reduce the effects s10(3). Otherwise, they will be assessed about health access have been made by of climate change. • making it unlawful for public entities to act by non-exclusive criteria, including whether reference to the “right to life” and “humane or make decisions that are not compatible the function is conferred by statute, is treatment when deprived of liberty”, with Making decisions in with human rights, or that fail to take connected to government functions, is cases including access to drug trials, home human rights into proper consideration regulatory in nature, or whether the entity birthing services and IVF. compliance with the Act when making decisions: s58 is publicly funded or is a government- The Act requires decision makers to identify • requiring every statutory provision in owned corporation. Aboriginal peoples and Torres all of the human rights affected by the BY MEGAN Queensland, to the extent possible There will be situations in which traditionally Strait Islander peoples decision. The criteria in section 13 of the Act FAIRWEATHER consistent with their purpose, to be private businesses may be captured, such are to guide whether any proposed limitation interpreted in a way that is compatible, or The special recognition of Aboriginal peoples as, when private health providers are publicly is “reasonable” and “demonstrably justifiable”. most compatible, with human rights: s48 funded to help clear public waiting lists or and Torres Strait Islander peoples in the preamble is worth reflecting on: These include considerations about the The human rights protected by the Act are when a private university receives public nature of the right, the importance of the not absolute. It will be permissible to ‘limit’ funding for research activities. Questions “Although human rights belong to all proposed limitation, and whether there is any a human right when taking action or making have been raised as to how to approach, individuals, human rights have a special less restrictive way to achieve the purpose. an administrative decision if it is “reasonable practically, which functions the Act will importance for the Aboriginal peoples and The prudent use of public resources will and demonstrably justifiable” to do so in apply to and which it will not. Torres Strait Islander peoples of Queensland, often be a legitimate factor when making a “free and democratic society based on as Australia’s first people, with their distinctive decisions that limit human rights. However, human dignity, equality and freedom”, and The human rights protected and diverse spiritual, material and economic without evidence, it will not necessarily be by reference to the proportionality criteria in relationship with the lands, territories, waters, The 23 human rights protected in the sufficient justification. There remains a place section 13 of the Act. coastal seas and other resources with which Act appear straightforward in most cases, they have a connection under Aboriginal for reasoned policy and guidelines for decision A person who is aggrieved by a decision however, analysis from other jurisdictions tradition and Ailan Kastom. Of particular makers, however, the higher the impact on the can complain directly to the Queensland indicates that a case-by-case approach significance to Aboriginal peoples and Torres human right in question, the higher the onus Human Rights Commission or, if they have will be required to understand the nature Strait Islander peoples of Queensland is the will be on establishing why it should be limited. another ground to commence an action in a and scope of each of the rights. The right to self-determination.” court or tribunal, they can add on a human “right to privacy and reputation” (s25), for Preparing for implementation The Act protects cultural rights, generally, rights complaint (the ‘piggy-back’ action). example, covers five protections, namely, to ensure that all persons with particular There is no standalone legal remedy and no that a person’s privacy, family, home and The substantive provisions for protecting the cultural, religious, racial or linguistic human rights will commence on 1 January compensation is payable following a finding correspondence must not be unlawfully or backgrounds are able to enjoy their culture, that a human right has been breached. The arbitrarily interfered with and a right not to 2020. To prepare for the operation of the to declare and practise their religion, and to new law, public sector entities should ensure Human Rights Commissioner does, however, have reputation unlawfully attacked. The use their language (s27). Aboriginal peoples that policies are reviewed for compatibility have broad powers to publish information “protection from torture and cruel, inhuman and Torres Strait Islander peoples are with the Act and that decision makers are about matters raised, including to recommend or degrading treatment” (s17) incorporates separately, and more deeply, recognised to equipped with training about the nature and actions he thinks an entity should take to an obligation to ensure that informed hold distinct cultural rights (s28), including scope of the human rights and with tools to ensure compatibility with the Act. consent is taken for medical treatment. to enjoy, protect and develop their identity, make and record their decisions. Complaints cultural heritage, traditional knowledge, spiritual There is no hierarchy for the human rights processes should be adapted for managing Application to public entities practices, beliefs, teachings, language, cultural although the “right to life” (s16) is regarded and responding to human rights complaints. as the ‘supreme’ right. It will often be expressions and kinship ties. The Act will apply to public entities, whether necessary for decision makers to balance Perhaps eventually, as a Commonwealth, defined as ‘core’ or ‘functional’ public entities. The right is also aimed to protect distinctive competing rights when justifying a decision spiritual and economic relationship with Australia will join other western democratic ‘Core’ public entities include the obvious, to limit one or other of them. The “right the land, territories, waters, coastal seas nations by introducing a standalone human such as government departments, public to privacy”, for example, will usually be in and other resources, with which they have rights document. In the meantime, welcome service offices, Ministers, local governments, competition with “freedom of expression” a connection under custom, and the right to Queensland, Human Rights Act 2019. local councillors, Queensland Police Service (s21) which, in turn, incorporates a “right to conserve and protect the environment and registered providers under the National to receive information”. It is expected and productive capacity of these resources. Disability Insurance Scheme. The definition that existing statutory information access Aboriginal peoples and Torres Strait also captures individual public servants and schemes will assist decision makers Islander peoples also have the right not staff members, or executive officers of achieve this balance in compliance to be subjected to forced assimilation or Megan Fairweather is a special counsel public entities. with the legislation. destruction of their culture: s28(3). at MinterEllison.

20 PROCTOR | December 2019 PROCTOR | December 2019 21 HUMAN RIGHTS

To build a genuine human rights culture it needs to be more than a compliance exercise, and to date I have been impressed by the WHEN CAN FRONT AND CENTRE willingness of public sector leaders to embrace the changes as a means of improving the quality of their agency’s services. HUMAN RIGHTS Queensland’s first Human Rights CommissionerScott McDougall The Act permits human rights to be limited discusses his role and the impact of the state’s human rights legislation. in a way which is reasonable and justified. Do you have any expectations about how BE LIMITED? the balancing should be approached? A key feature of the Act is the ‘proportionality The Human Rights Act 2019 (the Act) requires all public entities test’ to be applied in deciding whether the in Queensland to act compatibly with human rights and give limitation of a right can be justified in law. proper consideration to human rights before making a decision. What are your key priorities as rights are properly considered – not just Rights to access education and health, Queensland’s version of the ‘lawful limitations Queensland’s first Human Rights afforded lip service – when new laws are and the rights of people affected by climate clause’ in my view represents a best practice Section 13(2) of the Act provides public entities with guidance Commissioner? made and when public servants are making change and severe weather events are model for structured and ethical decision- on when human rights may be limited. decisions and formulating policy. I believe My main focus to date has been on also areas that are likely to feature in the making. It essentially calls upon decision The following is a brief guide to assessing for compatibility under Queensland’s judiciary is well placed to Q&Abuilding a strong team at the Human Rights commission’s work in coming years. makers to consider less impactful ways the Act and giving proper consideration to human rights. More contribute to, if not lead, the development of achieving objectives, ensuring that the Commission to take on the ambitious project And of course, I’m mindful of not losing sight detailed guidance and information about the scope of each right, of Australia’s human rights jurisprudence. limitation is actually directed at that purpose of implementing a robust human rights of the continuing functions of the commission as well as a Public Entity Toolkit, is available at qhrc.qld.gov.au. protection scheme in Queensland. An overarching priority of the commission under the Anti-Discrimination Act 1991, in and that the importance of preserving the will be educating Queenslanders about the addressing discrimination, vilification and human right is properly weighed. As Queensland’s first Human Rights STEP 1: Identify relevant rights profound importance of human rights finally sexual harassment. The starting point for decision makers Commissioner my goal is to ensure that a being comprehensively protected in law, and Consider each of the rights protected under the Act and to see genuine human rights culture is developed considering the weight to be given to the creating awareness of the potential of the What avenues are available under the preservation of human rights, should be which are relevant to the situation. Rights may be broader than within all three arms of government. Human Rights Act 2019 (the Act) to empower Human Rights Act to protect human rights a recognition of the ‘cherished’ value and they first seem. Achieving that goal would mean human individuals and communities in their dealings in Queensland? importance of human rights in a healthy with government. Essentially there are two avenues available democracy. Protection of human rights STEP 2: Consider whether rights are being limited In terms of priority areas, it can be to people who believe that their human rights has been hard fought for and should by your action or inaction expected that the rights of people in have been unjustifiably interfered with. not be limited lightly. ‘closed environments’, such as prisons, Will your decision limit or interfere with the relevant rights you’ve identified? Queensland is the first state or territory watchhouses, state-run aged care, secure What approach do you intend to adopt to introduce a human rights complaints If no, you are acting compatibly with human rights. mental health facilities etc., will be a focus to with legal representation in dealing with mechanism administered by the If yes, you should move to step 3. ensure that people deprived of their liberty human rights complaints? commission. The commission has powers are treated humanely. As a former lawyer I am well aware of the to compel attendance at conciliation constructive and, in many cases, vital role STEP 3: To lawfully limit a right you must: Aboriginal and Torres Strait Islander people conferences and to publish information that can be played by the profession in stand to benefit from the Act and promoting about unresolved complaints. Be authorised an understanding of their rights, and alternative dispute resolution. I anticipate the Secondly, while there is no direct cause of profession engaging with the human rights What law or regulation allows you to limit a person’s rights? If you can’t avenues for protection, will be an important identify a law or regulation then you may not be able to limit rights. responsibility of the commission. action for human rights breaches, aggrieved complaints process in a similar way to the individuals are able to rely upon grounds of conciliation of discrimination complaints. unlawfulness due to non-compliance with the Be justified and proportionate Act whenever they are entitled to seek relief Do you see any areas where further Determine whether your limitation of a person’s rights is justified and on some other basis. We envisage the most reform should be considered to proportionate in the circumstances, taking into account all relevant common causes of action that human rights strengthen human rights? factors including: will be ‘attached’ to include discrimination, There will be a review of the Act after 1 July a. the nature of the right/s: What does the human right/s protect? judicial review proceedings and also torts 2023 at which time the question of a direct What are the values that underpin the right? containing an element of unlawfulness. cause of action and the availability of damages b. the nature of the purpose of the limitation: What is your purpose will no doubt arise for consideration. for limiting a human right? What are you trying to achieve by your The Act introduces new obligations for decision or action? public entities to act in a way that is The provisions governing parliamentary procedures is an area in which improvements compatible with human rights. What do c. the relationship between the limitation and its purpose? Will what could be made, for example, the establishment you expect the practical impact will be on you are doing, or proposing to do, actually achieve your purpose? of a dedicated human rights committee and government decision-making? d. are there less restrictive and reasonably available ways to achieve the requirements for minimum consultation periods purpose? Is there another way to achieve your purpose that won’t The Act requires public entities to give to ensure proper scrutiny of new legislation. proper consideration to human rights when limit a person’s human right/s as much? If so, you should take the least restrictive option. exercising a discretion. What key message would you have for e. the balance between the importance of the purpose of the limitation The Victorian cases have made clear that lawyers in using or complying with the Act? and the importance of preserving the human right: Consider whether this requires a common sense approach. At Be creative and be concise. the benefits gained by fulfilling the purpose of the limitation outweigh a practical level, the impact of the obligation the harm caused to the human right. should be improved decision-making through the early identification of risks and of stakeholder interests.

22 PROCTOR | December 2019 PROCTOR | December 2019 23 HUMAN RIGHTS

TIME FOR A HUMAN ‘INORDINATE LEGAL, SOCIAL AND RIGHTS ACT ECONOMIC COSTS’ Graphic developed from information provided The parliamentary Legal, by Queensland Human Rights Commission Constitutional and Administrative Review Committee recommends against Queensland adopting AUSTRALIA’S FIRST a Bill of Rights, citing concerns GOVERNMENT COMMITTEE SCRUTINY OF THE BILL HUMAN RIGHTS BILL including “inordinate legal, social and economic costs” and “a significant CONDUCTS INQUIRY Attorney-General Yvette D’Ath introduces the Human Rights Bill 2018 December - Queensland Premier Frank Nicklin and inappropriate transfer of power” The parliamentary Legal Affairs and Community to Parliament and it is referred to the introduces Australia’s first human rights Bill, the from the parliament to the judiciary. Safety Committee conducts an inquiry into a Legal Affairs and Community Safety PROVISIONS Constitution (Declaration of Rights) Bill 1959, to The committee instead recommends possible Human Rights Act for Queensland. A Committee for inquiry. The committee OF THE ACT State Parliament. The Bill aims to protect only two “widespread education” of the Human Rights Act is supported by the majority recommends the Bill be passed. rights – to habeas corpus and to just compensation community about their rights and of submitters to the inquiry and is recommended 1 January 2020 – The operative for seizures of property – and lapses at the next “enhancing a rights culture” in by government members of the committee. provisions of the Human Rights state election, six months after its introduction. government law and policy-making. 2018 Act 2020 commence. 1959 1998 2016 2020 1948 2019 HUMAN RIGHTS PHASE ONE DECLARATION 1989 2015 ADOPTED February 2019 – Queensland Parliament passes THE FITZGERALD INQUIRY INVESTIGATION INTO the Human Rights Bill 2018. 10 December - Universal A BILL OF RIGHTS 1 July 2019 – The first phase of the Human Rights Declaration of Human Rights The Fitzgerald Inquiry report leads to Act 2019 comes into effect. The Anti-Discrimination adopted by the General establishment of the Electoral and Administrative Independent MP Peter Wellington agrees to support the formation Commission Queensland is renamed to Queensland Assembly of the United Nations Review Commission, which in turn recommends of a minority Labor government under Annastacia Palaszczuk, in Human Rights Commission and its educative following the end of World War II. Queensland adopt a Bill of Rights. return for several considerations, one of which is an investigation functions under the Act commence. into a Bill of Rights for Queensland.

ON-DEMAND RESOURCE NOW AVAILABLE IN THE QLS SHOP Human Rights Act—what it means for your clients | 1 CPD | SL

This livecast features Queensland Human Rights Commissioner Scott McDougall and focuses on the increased responsibility under the new Act to manage human rights as well as discrimination Image courtesy of State law, and what this means for legal practitioners. Library of Queensland, image no. 78930.

24 PROCTOR | December 2019 PROCTOR | December 2019 25 INNOVATION

(there are many such tools, not all open the challenge for lawyers and (especially solo source) developed in the United States where and small) law firms is the perennial challenge 1.1 million interviews have been developed of internal resourcing – in finding a software across 42 states. Since 2005, 4.7 million platform that is priced for small business guided interviews have been run and 2.6 rather than large enterprise, and the time million documents assembled on issues to invest in developing an effective product. ranging from joint dissolution of marriage, name change petitions, a brief builder to Intake, referrals and matching platforms assist veterans, custody and visitation Legal assistance organisations and matters, tenant bond claims, applications entrepreneurs (who are often but not always for waiver of court fees and costs, a post- lawyers) are developing online portals to judgment collections guide and many others. facilitate intake to their services, or to provide matching platforms for pro bono, low bono Penda, developed by Women’s Legal or fixed fee referrals. In some cases this Service Queensland, is “Australia’s first is paired with free legal information and financial empowerment app for women At the top end of town, technological document creation. with a domestic and family violence (DFV) innovation is being applied to improve focus. Penda is a free, simple-to-use app In the US in 2016, with funding of $1M and business efficiency, cut costs, and better with national safety, financial and legal project management expertise provided by serve clients. Yet there is little application information and referrals for women who Microsoft, the Legal Services Commission and where it could arguably provide the most have experienced DFV.” 6 Pro Bono Net announced the development of benefit. Today, many people struggle to a prototype access to justice ‘portal’: afford legal assistance, or even find and In the US, start-ups such as Upsolve, apply legal information on their own when JustFix.nyc and SoloSuit provide online “Drawing on state-of-the-art cloud and they experience disputes affecting their basic tailored assistance on specific legal issues. Internet technologies, this portal will enable rights in housing, employment, consumer Upsolve7 assists people with bankruptcy, people to navigate the court system and legal and family matters. and recently claimed to have relieved $100 aid resources, learn about their legal rights million in total debt for low-income families and prepare and file critical court documents The opportunity across the United States. JustFix.nyc8 assists in a way that is accessible, comprehensive with tenancy matters and Solo Suit9 with and easy to navigate. The ultimate goal is Considering the challenge, there is huge defending debts. In Australia, Fine Fixer to help people every step of the way toward TECHNOLOGY AND 15 scope for improvement; not to mention assists people in Victoria with information addressing their legal problem.” a significant legal market that hasn’t 10 on what to do when they receive a fine. Today, that prototype incorporates artificial traditionally been able to access legal intelligence so that people can ‘talk’ to services in appropriate and affordable ways. Some of these solutions incorporate back-end data collection enabling (privacy- the system and be directed to the most ACCESS TO JUSTICE 4 Along with properly funded legal aid and protected) analysis of legal need which can appropriate legal assistance.16 pro bono assistance, innovation has a role be drawn upon for systemic advocacy. Another US example is Paladin, a public to play in assisting vulnerable clients and the benefit corporation which “helps law firms, WILL IT PROVIDE THE underserved missing middle. The ideas for these businesses are sometimes generated in hackathons, companies and law schools manage their Opportunities for innovation include new incubators and law school programs. In the pro bono with streamlined sourcing, tracking approaches to legal education, adapting legal 12 months since I compiled and published and outcome reporting on a modern, ANSWERS? 17 business models and utilising technology. a list of Australian courses, many more such tech-forward platform”. courses have been launched and I predict Closer to home, Justice Connect’s Legal What is possible 11 this trend to continue. Help Gateway allows for online intake and In terms of technology, there are examples In the US also there are many examples triage so that someone can use it to identify from near and far showcasing applications of project-based multidisciplinary university which of that community legal centre’s which increase access to justice: courses12 that focus on improving access to services are most appropriate. Justice justice.13 Ongoing funding for some of these Connect says that the “time taken to process Providing online legal information ideas is provided by universities, government applications has dropped between 22 and BY ANDREA PERRY-PETERSEN and assistance directly to consumers and philanthropy (which is much more 44% across programs when compared with 18 Legal tech start-ups with a mission to increase common in the US). phone-based intake”. Using human-centred access to justice and legal assistance services design principles, Justice Connect has also Two years on, the number of self-represented I mentioned earlier the trend for lawyers to When you think about legal The challenge are making legal information available via apps, developed an online referral tool and pro litigants making their way through the courts unbundle and productise legal services. This bono portal pilot.19 innovation, do you think of web forms and document automation. There increases access to justice for clients who The challenges arising from a lack of access is increasing around the world, challenging is also a growing trend among entrepreneurial access to justice? to justice are not new to the profession. court resources and the overall administration previously struggled to make appointments Future applications lawyers to unbundle, productise and package in CBD locations during office hours but Two years ago, then President of the Law of justice. legal services. If not, why not? Access to justice is linked to who can now obtain information from home Virtual reality and artificial intelligence (AI) are Council of Australia Fiona McLeod SC poverty reduction and inclusive growth,1 two If the available resources (or indeed dispute In the A2J & Innovation clinic I supervised without having to take time off work or examples of technology that could increase factors crucial for a properly functioning rule wrote: “Community legal centres are turning resolution processes) cannot support at LawRight, we configured a prototype to arrange childcare. It may also assist those in access in the future. away 160,000 people a year due to lack of demand, something must change. Either the regional, rural or remote areas and those with of law. assist claimants file a claim for unpaid wages The Learned Hands project, a collaboration capacity, while an additional 10,000 people legal system needs to adapt, more affordable in the Federal Circuit Court and to prepare disabilities,14 especially if the fixed fee for the However, providing justice to all who need between the Stanford Legal Design Lab and a year are facing the courts alone due to or government-funded legal advice must a ‘life story’ for review of a negative notice product is more affordable than being billed access is one of the legal profession’s largest Suffolk Law School LIT Lab, is using machine 2 become available, or people must be more for a Blue Card in the Queensland Civil and by the hour. challenges. Arguably, access to justice cutbacks.” This figure doesn’t take account learning to create a taxonomy of legal terms effectively supported to self-represent. Administrative Tribunal. must be at the forefront of our minds when of those people who either don’t identify that Once developed, these products may be with the end goal being to link people’s plain considering innovation, as great challenges they have a legal issue or who do not seek Law students used A2J Author,5 a cloud- administered by a paralegal (saving law firm language queries (which contain a legal issue) often provide significant opportunity. help from legal sources.3 based document assembly software tool costs) and are potentially scalable, however to legal assistance.20

26 PROCTOR | December 2019 PROCTOR | December 2019 27 INNOVATION

At the end of October, Justice Connect projects and in late October the Victorian Andrea Perry-Petersen is a consultant, podcaster announced it would also be “building AI Legal Services Board and commissioner and lawyer with a background in community law to diagnose a legal problem” after receiving released its list of successful applicants who and human rights. Andrea has a keen interest in 13–14 March design thinking in human services, digital innovation funding to “train a natural language processing met the “requirements of using technological and new models of multidisciplinary collaboration. model to diagnose legal problems in the and/or human-centred design orientated She is a member of the QLS Innovation Committee, Brisbane natural language of everyday Australians using interventions to interrupt, streamline or this year’s QLS Innovation in Law award recipient anonymous data captured through its online change legal services and the justice and a Churchill Fellow. 10 CPD intake tool”21 to assist people to connect system to improve access to justice”.26 online to appropriate services. In New South Wales an access to justice Notes At Harvard’s A2J Lab, researchers are testing innovation fund was announced in February 1 OECD, ‘Leveraging the SDGs’, 3. the idea that, if people experience the court this year27 and recently the Queensland 2 abc.net.au/news/2017-08-03/how-the-justice- room via virtual reality, they will feel better Government announced $10,000 per centre system-is-failling-vulnerable-australians/8770292. for upgrades to digital infrastructure28 (an issue 3 lawfoundation.net.au/ljf/app/&id=FC6F890AA7D083 prepared and less intimidated, which will lead 5ACA257A90008300DB. 22 to better outcomes. This technology could being supported by the work of Community 4 lawcouncil.asn.au/media/news/opinion-piece-paltry- also assist junior lawyers or lawyers running a Legal Centres Qld).29 funding-of-legal-aid-will-cost-the-society-dear 5 pro bono case in an area of law in which they Australia must do more to fund appropriate a2jauthor.org. 6 don’t usually practise. development of sustainable solutions which penda-app.com/about. 7 upsolve.org. may alleviate the access to justice crisis. System reform 8 justfix.nyc. Leadership from those in positions of power 9 solosuit.com. Online dispute resolution23 and professional ought to support the growing numbers of 10 finefixer.org.au. lawyers and entrepreneurs who are prepared 11 regulation also have a role to play in access andreaperrypetersen.com.au/wp-content/ to experiment with new approaches for this uploads/2018/09/Legal-Innovation-Education- to justice. purpose, to encourage prudential exploration Sep-2018.pdf. 12 While concerns exist about the quality of and proper evaluation with appropriate financial I also interview people working in these programs automated services and remedies available on the podcast I host, ‘Reimagining Justice’, support and organisational infrastructure. andreaperrypetersen.com.au/podcast. See episodes should they fail, assuming that the usual 11, 16 & 21. consumer protections apply there may be Conclusion 13 legaltechinnovation.com/law-school-index. scope for a client to pay less for a legal 14 Of course, any application of technology must With 50 face-to-face sessions service, bear more risk (or indeed waive To avoid exacerbating disadvantage, any be designed to ensure it does not increase some rights) in proportion to the gravity or innovation including technology should be co- disadvantage to those without the physical to choose from, which ones or emotional ability to utilise what is on offer. quantum of a dispute. After all, will kits have developed with experts from other disciplines, See digitalinclusionindex.org.au and see been available in newsagencies for years. including social scientists, and take a human- thelegaleducationfoundation.org/wp-content/ are right for you? centred design approach to ensure it is ‘fit for uploads/2019/09/Digital-Technology-Summer- While regulators advise lawyers to only purpose’ and effectively meets the needs of 2019-v2.pdf. provide productised online assistance in 15 blogs.microsoft.com/on-the-issues/2016/04/19/ the people it aims to assist. conjunction with accompanying review of microsoft-partners-legal-services-corporation-pro- the information provided by the client, by a Use of technology by community legal centres, bono-net-create-access-justice-portal. 16 New to this year’s program are three pathways especially client-facing solutions, will remain blogs.microsoft.com/on-the-issues/2019/01/31/ lawyer (even if the online tool was developed milestone-reached-ai-at-heart-of-legal-navigator- designed to help you collect all 10 CPD—in the limited under traditional funding models, by a lawyer), the cost to the client is likely complete-will-connect-people-with-legal-resources sessions most relevant to you. to remain higher than if such products particularly if it is perceived to exacerbate social – “We could imagine a system that would enable were offered independently and directly to exclusion. Access to justice is the responsibility people to describe the problem they are facing in of all, and while more of the missing middle their own words, a system that would understand consumers. Currently, if a legal tech solution the user’s meaning (and not simply look for Essentials pathway will be served by entrepreneurial lawyers were to be offered directly or with the keywords, like a search engine), a system that could Designed for new and emerging practitioners, assistance of an unlicensed person, this is unbundling and commoditising legal services, learn from interactions with users how best to help them navigate the legal system.” with a focus on career development. likely to lead to an allegation of unauthorised that kind of innovation may remain constrained 17 joinpaladin.com. practice of law. by legal regulation. 18 justiceconnect.org.au/about/our-approach/digital- So, while lawyers maintain a monopoly on Legal education will also contribute, but innovation/gateway-project/our-intake-tool. General practitioner pathway deeper collaboration between universities, 19 justiceconnect.org.au/wp-content/uploads/2019/06/ 4.5 the provision of legal advice there are limits Featuring sessions most relevant to general law firms and legal assistance organisations Justice-Connect-Intake-Interim-Evaluation.pdf. DELEGATE RATED on innovation. Considering these topics in 20 2018-2019 needs to occur before those solutions are lawyerist.com/blog/learned-hands-launch. practice and the business of law. any detail is outside the scope of this article, 21 justiceconnect.org.au/were-building-ai. sustainable and have any significant impact although I refer to the system of limited 22 a2jlab.org/virtual-reality-in-access-to-justice. on improving access to justice. In the near license legal technicians in Washington 23 lawyersalliance.com.au/opinion/online-alternative- 24 future, any significant change to our judicial dispute-resolution. Advanced practitioner pathway State for consideration. Principal partner system seems unlikely. 24 wsba.org/for-legal-professionals/join-the-legal- Specifically curated for practitioners working profession-in-wa/limited-license-legal-technicians. What Australia needs While there are examples now of innovative at advanced levels and in complex areas of law. 25 lsc.gov/media-center/press-releases/2019/lsc- approaches aiming to improve access to In the US, the Legal Services Commission awards-more-4-million-technology-grants-legal-aid- justice, perhaps it is the current generation of organizations. recently announced $5 million in grants for 26 lsbc.vic.gov.au/?p=6736. 25 students and graduates – digital natives who technology projects. Pro Bono Net, the A2J 27 have familiarity with all kinds of technology, justice.nsw.gov.au/Pages/media-news/news/2019/ Tech Store, Legal Tech for a Change and greater expectations for digital service Access-to-Justice-Innovation-Fund-applications- other organisations provide project and IT open.aspx. PROGRAM OUT NOW! delivery, and understanding of the importance 28 support to legal assistance organisations. statements.qld.gov.au/Statement/2019/10/4/grants- of human-centric design principles – who will awarded-to-queensland-community-legal-centres?fb In Australia, grants for such activities are embrace the opportunity to carefully leverage clid=IwAR0QzY06IqfyK60S9p3In160pfdsNhNCqjRh Save $270 on full registration tied to organisational funding for service appropriate and effective technology to ciF5IZ6MANkFeXHwm6fi5so. 29 with member early-bird pricing. delivery and are limited. In Victoria the Public create a different future, one providing greater communitylegalqld.org.au/policy/emerging- technologies. Sector Innovation Fund has financed some access to justice for all. qls.com.au/symposium SYMP_P1912FP

28 PROCTOR | December 2019 BACK TO BASICS

Different types of costs orders Basis of assessment An award of costs is taken to be an award Interlocutory of costs ‘to be assessed’ unless the court NEED AN EXPERIENCED Costs in the proceeding 25 ‘Costs in the proceeding’ means that the orders otherwise. Costs can be assessed FAMILY LAWYER? costs orders successful party in the proceeding as a whole on the standard or indemnity basis. (that is, after final judgment) obtains the costs If an order does not nominate a basis of Michael Lynch Family Lawyers are specialist of the interlocutory application.15 assessment (for example, by saying “the family lawyers, located in Brisbane. A guide to their purpose and principles It is not appropriate in Queensland state defendant pay the plaintiff’s costs of the courts to use the expression ‘costs in the application”), or adds to that phrasing “as By recommending us, you can ensure your assessed” or “as assessed on the standard client receives up-to-date, tailored and BY KYLIE DOWNES QC AND MAXWELL WALKER cause’, which was replaced by the concept of ‘costs in the proceeding’.16 basis”, the costs will be assessed on the practical advice on: standard basis. This is the default basis • Property settlement An order for costs in the proceeding can be of assessment unless the order specifically • Parenting Costs orders contain terms of art Specific rules Whether the party seeking the indulgence formulated such that it is only if a particular nominates that costs be paid “on the is successful or not, that party generally party is successful in the overall proceeding • Divorce and technical language that may Some interlocutory steps are subject to indemnity basis” or “as assessed on specific rules under the UCPR. For example, pays the costs of the other parties, unless that it gets its costs of the interlocutory step, the indemnity basis” (which mean the • Other family law matters. confuse practitioners. the grant of leave has been unreasonably for example, that costs of an application be 26 rule 386 applies to costs thrown away as a same thing). Contact us to discuss matters opposed or some other reason exists for “the plaintiff’s costs in the proceeding”.17 result of an amendment, requiring the costs confidentially or to make an This article explores the different types 11 thrown away by the amendment to be paid refusing costs. Because of this, parties of interlocutory costs orders and will assist Reserved costs appointment. by the party making the amendment unless seeking an indulgence should consider practitioners to negotiate the terms of making offers that may render opposition the court orders otherwise. Other specific ‘Costs reserved’ means, in summary, that consent orders and understand the client’s unreasonable. For example, if leave were the costs will be dealt with by the trial judge. rules apply to freezing orders,3 search rights and obligations under the various required to withdraw an admission, an offer Reserved costs follow the event, unless Kylie Downes QC and Maxwell Walker are both orders,4 summary judgment,5 strike out species of costs awards. could be made to pay the costs of the the court orders otherwise.18 barristers in Brisbane and members of Northbank applications6 and costs of ADR processes.7 opponent on the standard basis of perusing Chambers. Kylie Downes QC is also a member The courts have identified certain types of of the Proctor Editorial Committee. An entitlement to costs – who is the application, affidavit in support and Should an alternative order be made? applications for which an order for reserved paying and who is getting paid? proposed amended pleadings, and It is impossible to catalogue the costs or costs in the proceeding may be executing consent orders. Notes circumstances in which a departure from more appropriate than an immediate order The first issue is to determine whether the 1 A party applying for the extension or for costs in favour of the successful party. Rule 681(1). circumstances are such that a court would the rule that costs follow the event would 2 Rule 693. P: (07) 3221 4300 shortening of a time set under the rules Whether this will occur in any particular case www.mlfl.com.au make a costs order, and whether any factors be justified in interlocutory proceedings. The 3 Rule 260G. must pay the costs of the application, is determined by the circumstances of each discretion to depart from the rule is a broad 4 exist which may persuade the court to favour 12 . Rule 261F 8 unless the court orders otherwise. case, and subject to the overriding discretion ADVICE. SERVICE. SOLUTIONS. one party or another in relation to an award one. An alternative costs order is exceptional 5 Rule 299. of the court. Examples include summary of costs. and compelling circumstances need to be c. Offers to settle 6 Rule 171(2) in respect of pleadings and 162(2) in 9 judgment applications that are unsuccessful respect of particulars. shown. Below is a non-exhaustive list of Parties to interlocutory applications should (unless the applicant ought to have known 7 Rule 351. General rule some circumstances where alternative orders consider making a ‘without prejudice’ offer it would fail or it was brought to obtain a 8 Johnston v Brisbane City Council & Ors [2014] QSC The general principle for all costs awards may be made. to settle the applications, as an unreasonable strategic advantage),19 and the costs of 268 at [77]; Sweaney & Another v Bailie [2017] QDC Opt out of print in the state courts is rule 681 of the Uniform refusal to accept such an offer may impact 295 at [29]. a. Delay and other misconduct interlocutory injunction applications in which Proctor Advert - 59mm W x 118mm D.indd 1 20/12/18 2:12 pm Civil Procedure Rules 1999 (UCPR), which 9 Bucknell v Robins [2004] QCA 474 at [17]. on the costs order which is made. For 20 and receive Delay or other misconduct can lead to a the applicant has shown a prima facie case. 10 provides that “[c]osts of a proceeding, example, it may mean that a successful party Gerring v The Nominal Defendant [2001] QDC 61 at including an application in a proceeding, are successful applicant in an interlocutory is deprived of its costs or an unsuccessful However, there is a broad discretion to [13]; Oldfield & Ors v. Gold Coast City Council [2009] 10 eProctor application being refused costs. reserve costs or make them costs in the QCA 124 at [71]. in the discretion of the court but follow the party is required to pay indemnity costs, 11 1 J & A Vaughan Super Pty Ltd (Trustee) v Becton event, unless the court orders otherwise”. b. Seeking an indulgence depending on which party made the offer proceeding, or to make no order as to costs, Property Group Ltd (No.4) [2015] FCA 218 at [5]. and factors that may support such a course 12 This means that, if a party is successful When a party seeks interlocutory relief in which was not accepted. Rule 695. include when there is mixed success on 13 in obtaining or opposing relief in an order to correct an error, regularise a position Negotiations are usually conducted in See article on preparing consent orders: ‘Consent different issues in an application.21 orders and judgments in state and federal courts’, interlocutory application, that party or seek some other relief that will facilitate writing by proposing a draft order and draft Kylie Downes QC and Maxwell Walker, Proctor, May is generally entitled to costs. its case, but which is not attributable to request for consent order which contain the Costs in any event 2019, page 36. the conduct of the other side, costs will precise orders that are offered to resolve the 14 Huni v Huni & Anor [2014] QDC 296 at [6]. The costs of a proceeding (that is, the An award of costs ‘in any event’ means that not generally be awarded in favour of the application.13 The correspondence should be 15 Juniper Property Holdings No.15 P/L v Caltabiano costs awarded on judgment after trial) do the costs will be paid to the nominated party [2015] QSC 95 at [27]. successful applicant. marked “without prejudice save as to costs” 22 not include the costs of an application in at the conclusion of the matter, regardless 16 so that it is without prejudice except that it Bechara v Sotrip Pty Ltd (In Liquidation) (No.3) [2013] the proceeding (an interlocutory proceeding), These types of applications seek ‘indulgences’. of whether that party ultimately succeeds.23 QSC 178 at [7]. unless the court orders otherwise.2 Therefore, can be relied on in respect of submissions 17 G Dal Pont, Law of Costs, 4th Ed., LexisNexis, 2018, Examples include amending pleadings where 14 as to costs if the offer is not accepted. Further, the court can order that costs of an [1.15]. unless a costs order is made in relation to leave is required, seeking more time to comply application in a proceeding not be assessed 18 Rule 698. an interlocutory application (either one party 24 with an order to file a document, seeking an until the proceeding ends. 19 paying another, or costs reserved or made Day v Humphrey [2018] QCA 321 at [10], Rule 299. order that a party’s witness give evidence by 20 th costs in the proceeding), the entitlement to G Dal Pont, Law of Costs, 4 Ed., LexisNexis, 2018, telephone, withdrawal of admissions, applying [14.26]. claim those interlocutory costs, including at for an adjournment, and seeking to set aside 21 Papale & Ors v Sucrogen Ltd & Anor [2015] QSC 141 the end of the matter, would ordinarily be lost. default judgment. at [7]; Bechara v Sotrip Pty Ltd (In Liquidation) (No.3) [2013] QSC 178 at [5]. 22 Bull Nominees Pty Ltd t/as Grassy Car Hire v McElwee (1997) 7 Tas R 339; Vergola Pty Ltd v Vergola Pacific Sdn Bhd [2002] SASC 5 at [21]. Update your 23 G Dal Pont, Law of Costs, 4th Ed., LexisNexis, 2018, subscription now [1.16]. 24 Rule 682(2). EP_P1912S [email protected] 25 Rule 687. 26 Rule 702.

30 PROCTOR | December 2019 PROCTOR | December 2019 31 EARLY CAREER LAWYERS

I wasn’t fully aware of just how relevant piracy still is, but on those routes they have armed Sea law, do law guards aboard the ships, and ropes on the side of the ships that can be released to snag the propellers of pirate boats that come Student sets sail to experience close. One of the men told me about being aboard a ship where they had barbed wire maritime law surrounding the entire vessel! Another crew member said that he was working on a vessel that was carrying a BY CASSANDRA HEASLIP shipment of nuclear substances. In this situation every crew member had been given the chance to disembark and be sent to work I am a Griffith University student I settled down in my new home for the next Early the next morning we prepared to leave on another ship if they didn’t feel comfortable week and the captain came to welcome me the port and I was encouraged to come transporting it. There are so many situations in my fifth year of a double degree and collect my paperwork. I was then asked onto the bridge (the highest storey of the that I never would have thought of before in law and environmental science. by the third mate whether I had proof of my ship used for steering and navigation) to talking with the crew! yellow fever vaccinations “in case we can’t observe everything that was happening and One of the most interesting parts of learning Throughout my time at university I have stop in Singapore and have to go to Malaysia”. ask questions, as long as I wasn’t interfering about maritime law thus far was how continued to ask myself: How can I stand I had not been warned that this could be with the work. I watched in amazement as complex issues surrounding jurisdiction out? What are the skills I’m going to need in an issue for the voyage, but luckily I had the pilot and captain worked together to can be. The CC Georgia was flying under a the future, and how can I learn those now? received the vaccination previously, so that complete a 180-degree turn in a narrow Maltese flag, for a French company; I couldn’t These questions play a role in my wasn’t a problem. However, this lack of port and navigated the shallow waters. access details of who the current owner was, development as a law student, but I communication did build on my concern As we moved out of the port and onto the but its previous owner was an Irish company didn’t make real progress until I made over safety standards aboard ships. open sea, I soon realised just how boring (which dissolved in February this year), and a commitment to take action. this could possibly be. I felt quite alone for this ship is sailing all over the world! Cassandra with the crew of the CC Georgia. I have had a keen interest in maritime law the first few days, as there was a lot more As a law and science student majoring in since the beginning of 2018. The idea of work on the ship than I expected. The environmental sustainability, I am passionate working with multiple jurisdictions and being seafarers worked all day, every day. The about learning how to resolve maritime part of a system which connects the world captain was in the office constantly planning, pollution incidents. When the ship entered the appeals to me greatly. communicating, making sure that they kept Singapore Strait, an experienced pilot came up with regulations and other necessary onboard to guide us, and he was happy However, as a girl raised in a small country paperwork. I barely saw the engineers, as to talk with me about my interests. town, I did not grow up around either water each day they were downstairs making He told me a few stories of ships grounding in or ships. I knew nothing about the industry, sure the ship was running smoothly and the strait and other places he had worked, and and my inner critic wondered how I could maintaining the machinery. expect to be brilliant in such a specialised how the oil could leak into the ocean. Reading field without understanding maritime systems One of the greatest experiences was being news on the internet is very different to hearing or the daily lives of the people working allowed into the engine room. I had to check it from someone who has experienced it within them. I knew I needed some firsthand a day in advance, and re-check at breakfast firsthand. I felt both sad and extremely inspired experience in order to learn, but I wasn’t on the day that it was still okay to visit, and I to work towards being part of a team which sure what this would be. was met before the door by an engineer who could help resolve maritime pollution issues. ensured I was wearing all the right safety gear. One day I found myself searching the internet By the end of my voyage I had a much better for ‘cargo ship trip’, and three results for cargo My concerns about slacking on safety were understanding of just how much work it takes voyages appeared. Over the next few days I definitely being challenged. The engine room to safely navigate the seas. I realised that a decided that a journey on a cargo ship would semi-terrified me; the engine itself is four crew member’s responsibility is not just that be the firsthand experience I was looking storeys tall! They showed me everything it of their title, but they are all protectors of the for, and I booked an eight-day voyage from takes to keep the ship running. One of the ship, the cargo onboard and responsible for Fremantle, Western Australia, to Singapore! most interesting parts was the desalination ensuring safety for the rest of the crew and The Fremantle docks. plant which provided everyone on the ship the environment. On 21 June this year I was cleared by with clean washing water! The control room There is always a crew member on watch security at Fremantle Ports and, before I The remainder of the day was spent in the was full of dials and switches and I am truly duty, even in the middle of the night, in the knew it, I was climbing the stairs of the CC port, as cargo was still being unloaded and in awe of how brilliant these engineers are. middle of the ocean. The watch person on Georgia! At almost 300 metres long and loaded. It was the closest I’d been to the duty must press a reset alarm which goes carrying 5500 containers, the ship was huge cranes that lift the containers, and I I spent the majority of my time on the bridge Cassandra poses on the bridge with the engine order telegraph, which is used to send speed instructions every five minutes to make sure they are overwhelming. was blown away at how they coordinate the with the crew on watch duty and I had plenty to the engine room. of time to talk with them about their life at alert! The chances of groundings, collisions I must admit I’d had a preconceived idea loading and unloading process. And I finally sea. Luckily, I was on what is considered a and piracy are all too real out there and help I spent many of my university trimesters be comfortable being uncomfortable, about the life of a seafarer. Even though I understood how they locked the containers can be hundreds of miles away. Thankfully safe route, but many of them had travelled stressing about which direction I should go and to open my mind to every possibility. had studied a maritime law subject and together, so they were stable on the voyage! this voyage went smoothly, but it gave me a dangerous routes past the east coast of and what decisions to make, but in hindsight was aware that there were many regulations I was just in time for lunch, where I met the rest Africa where the piracy rate is high. whole new appreciation of international trade. in place to ensure safety at sea, I wasn’t of the crew and learnt that 11 members were the worst decision I could make in those Making the decision to take action and do circumstances was not deciding at all. convinced that they were followed, and men from Sri Lanka, working as the navigation something completely out of the box can since a ship can go days without seeing crew and seamen. The other members were Submissions of interest to early career lawyers should be daunting, but when we stay inside our If I decide that maritime law isn’t for me, this be sent to the Queensland Law Society Early Career land, it seemed that it would be easy to 10 men and one woman from China, who comfort zone, we don’t know what experience will still be invaluable. In taking Lawyers Committee Proctor working group, chaired by slack off without anyone noticing. were navigation crew and engineers. greatness we are capable of. action to pursue my dreams, I have learnt to Adam Moschella ([email protected]).

32 PROCTOR | December 2019 PROCTOR | December 2019 33 ETHICS Secret client base is dishonest

Do you know someone who should be recognised for their contribution? BY STAFFORD SHEPHERD

The Full Court of the Supreme The tribunal found this conduct to be Conclusion Court of South Australia in Legal dishonest. The practitioner’s evidence that the work performed was minor and What can be learned from this decision? Practitioners Conduct Board v essentially pro bono, and in respect of which Firstly, we should be absolutely transparent in Patterson1 struck off a practitioner he did not anticipate payment, was rejected. our dealings with our employers. Secret client bases and payments under the table are who had maintained a secret The second class related to the practitioner conducting work in breach of the terms of the dishonest, and public interest would demand client base while employed by restricted practising certificate or engaging in such behaviour is not to be tolerated. a legal practice. legal practice without a practising certificate. Secondly, if we wish to do pro bono work outside our work environment, then we The Full Court considered that the totality discuss this with our employer. This is The facts of the circumstances supported a finding again to ensure transparency and to avoid that the practitioner “lacks the qualities of conflicts either of duty or personal interest. The practitioner was admitted in 2000 at the character and trustworthiness which are age of 52. He practised initially in criminal law necessary attributes of a person entrusted Thirdly, we have a duty to understand the and criminal injuries compensation. Prior to with the responsibilities and privileges of a restrictions (if any) on our entitlement to QLS his admission he had been a police officer legal practitioner”.2 practise and to comply with such restrictions. and rose to the rank of acting inspector. The Full Court noted that public interest Fourthly, the failure to open client files, to In December 2003, he accepted a position record time properly, to bill in accordance demands that practitioners behave properly as a senior associate working in industrial with the disclosure made to the client and and be accountable, and if the court law. The practitioner resigned from this the cost agreements entered into could be tolerated behaviour of maintaining a secret position in May 2005. either unsatisfactory professional conduct client base then the profession would be or professional misconduct. The Legal Practitioners Disciplinary Tribunal brought into disrepute. AWARDS (the tribunal) found that in the years 2002 to Fifthly, we owe certain fiduciary duties to 2009 the practitioner engaged in a number The conduct was characterised as our employer. Secret profits made from of acts of dishonesty. The tribunal sought an behaviour that abused the privileges that secret client bases could be recoverable order that the name of the practitioner be accompany our position as officers of the due to our obligation to account. removed from the roll of legal practitioners. court. The public was to be protected 2020 The practitioner did not oppose this order. from those in the legal profession who His acts of dishonesty fell into two classes. are “ignorant of the basic rules of proper professional practice or indifferent to The first was that, while in the employ of at rudimentary professional requirements”.3 least two legal practices, he maintained a ‘secret client base’. The practitioner acted for The Full Court ordered that the practitioner’s a number of clients in criminal matters (mainly name be removed from the roll. drug-related charges) without the knowledge or permission of his employers. The practitioner undertook work for these ‘clients’ without opening files, recording VIEW CATEGORIES AND NOMINATE NOW times, entering into fee arrangements and without accounting for the monies received to his employers. The payments for the services rendered by the practitioner were received in cash and amounted to many thousands of dollars. Stafford Shepherd is the Director of the Queensland Law Society Ethics and Practice Centre.

Note 1 [2011] SASCFC 102. 2 Ibid [9]. 3 Ibid [11]. qls.com.au/awards QLSA_P1912FP PROCTOR | December 2019 35 WHAT’S NEW IN SUCCESSION LAW

Most recently, in In the Matter of the estate the end of the relationship had occurred. The the existence of domestic violence in a of Benjamin John Gleeson, deceased [2019] court looked at a number of things, including relationship was not considered a relevant De factos – the VSC 589, the court found that the onus is ongoing financial contributions and when one factor in determining whether on the propounder to positively demonstrate of the parties made changes to his will. the relationship existed. that the defining characteristics of a de facto Levers v Superannuation Complaints Tribunal So, what practical steps can practitioners I do’s and I don’ts relationship are in existence, with the court [2016] FCA 936 involved an application for take to address these complexities? taking a cautious approach to the evidence, judicial review of a trustee’s determination to • When discussing de facto status with the because the deceased party is not able to pay 100% of super to the de facto husband. 5 client, identify for them what it means in give evidence. Mrs Levers, the mother of the deceased, succession law terms. In attempting to demonstrate the ending was the legal personal representative of her • Conflict of laws – advise the client WITH CHRISTINE SMYTH of a de facto relationship, in Dow v Hoskins deceased daughter’s estate, Ms Redfearn. that if they change their domicile, then [2003] VSC 206 the court considered it must She died tragically on 22 April 2011, as a they should review the situation with a take into account the human reality and not consequence of an attempted suicide on 20 succession lawyer in that state or territory. apply a narrow and pedantic view of living April 2011. Mr Hattingh, the third respondent, together in the circumstances. There the contended he was living with Ms Redfearn • Be aware that clients can have more than court considered that the propounder must at the time in a relationship. He lodged a one spouse, and multiple de factos, and demonstrate the shared intentions of the complaint in relation to the trustee’s decision raise that with them. parties to continue their relationship, despite with the Superannuation Complaints Tribunal, • Recommend the client seeks legal advice the existence of extenuating difficulties. the first respondent. The tribunal set aside if they are concerned about whether they the trustee’s determination and determined have ended the de facto relationship. In Estate Hawkins; Huxtable v Hawkins [2018] that 100% of the death benefit should be NSWSC 174 Justice Lindsay determined paid to Mr Hattingh. that whether there was or was not a de facto There was evidence as to the history of relationship was a question of how the parties Christine Smyth is a former President of Queensland conducted their relationship. domestic violence between the couple. Law Society, a QLS Accredited Specialist (succession Relevantly, Mr Hattingh was imprisoned for law) – Qld, QLS Senior Counsellor and Consultant In that context the family law decision of a period for breach of a domestic violence at Robbins Watson Solicitors. She is an executive Cadman & Hallett [2014] FamCAFC 142 order. Central to this was the interaction committee member of the Law Council Australia evidences just how complicated that can between the couple after Mr Hattingh was – Legal Practice Section, Court Appointed Estate be. The matter involved a gay couple in a Account Assessor, and member of the QLS Specialist released from jail. Mrs Levers asserted Accreditation Board, Proctor Editorial Committee, non-exclusive relationship for 19 years. They that the cause of the testator’s suicide QLS Succession Law Committee and STEP. were not always residing together. One party was because Mr Hattingh had ended the left Australia to study overseas and did not relationship. However, it was found there return full time but did return from time to was no evidence supporting that. Further, Notes time. Despite living in different countries 1 Love and Marriage, Frank Sinatra, 1955. and not having a sexual relationship, the 2 2016 Census – Australian Bureau of Statistics. determination as to whether the relationship 3 See the Court and Civil Legislation Amendment Bill 2017passed on 5 June 2017. cabinet.qld.gov.au/ had come to an end came down to a documents/2017/Mar/CandCBill/Attachments/Bill.PDF. question of whether communication of 4 For list of the various pieces of legislation defining ‘de The amendments alter a longstanding nor within the recent amendments facto’ see the writer’s Proctor column, August 2015, Love and marriage go together discussing de facto matter of Spence v Burton QCA difference between the effect of the end to that Act passed in April this year. like a horse and carriage…1 104. of a marriage on a will and the end of a de A further conundrum is that, while we are 5 At [31]. facto relationship on a will. While some might It seems for many Australians the crooner’s legislatively prohibited from having more than consider the amendments have harmonised chorus is not a melody which resonates, one marriage at a time, there is no prohibition and equalised the circumstances, they may because, as of 2016, some 1,751,424 on having multiple de facto relationships, or in fact create more problems than they solve. Australians had chosen to be in a de facto being married and in a de facto relationship relationship. Nationally, that equates to This is because no other state or territory simultaneously. just over 10% of our population, but in has an equivalent provision. This provision So that we can properly advise our clients, WE ARE ACCEPTING Queensland it is as high as 12%.2 only exists in Queensland. That will likely we and they need to understand what a create a conflict of laws issue on their Perhaps it was for that reason the de facto relationship is for the purposes of death, if the testator executes a will in any Queensland State Parliament saw fit to succession law and when does it end? This jurisdiction and then moves interstate and the REFERRALS is important because currently Australia has amend the Succession Act 1981 (Qld) in At Bennett & Philp, we’re more concerned with getting results for your clients than we are with 3 de facto relationship ends. At the very least no less than 33 different legislative definitions 2017, inserting a new section 15B which doing press releases. If you’ve had a medical negligence claim that’s come across your desk, it creates a risk management issue for both 4 provides for the effect of the end of a de facto of de facto status. and you’re looking for someone to get the job done, maybe it’s time to talk to John Harvey. estate planning lawyers and family lawyers, relationship on a will. In short, the ending of a For the purposes of Queensland succession not just in Queensland but Australia-wide. For over 20 years John Harvey has been representing the clients of Queensland lawyers, who testator’s de facto relationship now revokes: law, the answer lies in the combination of are victims of negligently performed medical procedures. It is also important to note that this the definition of ‘spouse’ under S5AA of • a disposition to the testator’s former de Queensland provision only impacts the the Succession Act 1981, which then refers facto partner made by a will in existence WHY TALK TO US? will on the ending of a de facto relationship. to section 32DA of the Acts Interpretation when the relationship ends Entry into a de facto relationship does not Act 1954 (the AIA). However, neither the We act no-win, no-fee We pay outlays We do not charge interest on outlays • an appointment, made by will, of the impact on the will. A further anomaly is that Succession Act 1981 (Qld) nor any other former de facto partner as an executor, entry into and ending of a marriage impacts provides guidance on when a de facto trustee, advisory trustee or guardian a Queensland enduring power of attorney, relationship ends. For that, we are left CONTACT JOHN DIRECTLY • any grant, made by will, of a power of however there is no corresponding looking to the common law and there we appointment exercisable by, or in favour amendment to s15B Succession Act 1981 are faced with a wide array of approaches JOHN HARVEY P: (07) 3001 2910 E: [email protected] of, the testator’s former de facto. made to the Powers of Attorney Act 1998, and outcomes.

36 PROCTOR | December 2019 PROCTOR | December 2019 37 YOUR LIBRARY PROFESSIONAL DEVELOPMENT 2019: CaseLaw Equipping for success in upgrades and more a changing legal market

WITH DAVID BRATCHFORD, SUPREME COURT LIBRARIAN BY SHEETAL DEO

As 2019 draws to a close I thank Other highlights for 2019 include: There’s been a lot of discussion According to LawGeex: “The contract review platform achieved a 94% accuracy rate at • launching @LawLibraryQueensland, our Queensland Law Society and about the changing legal landscape. surfacing risks in the sample of never seen official Twitter account – follow us for alerts Christmas book sale before [NDAs]. This compared to an average its members for your continued to newly published civil judgments of the The delivery of legal services has seen the of 85% for the experienced lawyers.”3 support and patronage of the Queensland Court of Appeal and Supreme Stuck for Christmas gift ideas or just introduction of automation and artificial Court Trial Division, and library news and want to treat yourself to a good read? intelligence (AI), the national profile of When we know better, we can do better. So library over the last 12 months. 1 events, with more to come Order one of the library’s publications solicitors has seen an increase in women when we know there are applications which and practising certificate holders under the can complete certain tasks at a fraction of For us in the library, it has been another busy • attracting more users and increased use from us before 18 December and get age of 35,2 but perhaps the most important the cost and with increased accuracy, would year in which much has been accomplished. of our popular Virtual Legal Library (VLL) 25% off—includes free delivery within change legal practitioners need to pay it not make commercial sense to use such service (sclqld.org.au/vll) Brisbane CBD. Perhaps our most significant achievement attention to is the change in consumer technologies to assist your practice? This has been the substantial improvements made • responding to over 6500 information Visit sclqld.org.au/publications for a needs and expectations. would then allow you to spend your (billable) to our CaseLaw service, a comprehensive enquiries and research requests time on tasks requiring higher order thinking full list of titles. Phone 07 3247 4373 Are you equipped to meet their expectations? collection of the official unreported decisions • commencing a major project to redevelop to place an order by credit card. and perhaps offer a more competitive fee. of Queensland courts and tribunals. CaseLaw Clients are spoiled for choice when it comes our websites to help our customers find This takes us to Step 2 – focusing on what now provides free, universal access to a to selecting their legal service provider. They the information they need more easily sets you apart: the human brand. range of functionality and content previously are becoming more conscious about how • welcoming visitors to our exhibition, only available to paying subscribers. It also and where they spend their money. As a Clients are the centrepiece of our profession. Overturning terra nullius: the story of native links to the authorised versions of decisions result, just having a solution to a client’s legal Spending the time getting to know your title, which explores the cases that were in the Queensland Reports. problem isn’t enough anymore. The solution client, offering warmth and competence – particularly influential in shaping native title has be delivered quickly, conveniently and this is your competitive edge. Sharpening We’ve received positive feedback about law reform (sclqld.org.au/native-title) – relatively ‘cheaply’. that edge by investing in education or training the new CaseLaw advanced search and visit the exhibition in Sir Harry Gibbs Legal to improve your interpersonal skills is highly collection-specific search options, which How can you do this without compromising Heritage Centre, Monday to Friday, 8.30am Christmas closure recommended. Communication is a two- enable you to tailor your research to find the quality of legal services you provide? to 4.30pm way street. We not only have to speak to our more relevant and useful results. The library will be closed for the • launching our brand new podcast series Step 1: clients in a language they understand, but we You can also now customise your search – subscribe to listen to lectures from our duration of the Christmas court closure, also have to listen to what is not being said, Understand and embrace technology results view, easily navigate between cases, popular Selden Society lecture series from Monday 23 December 2019 to visual cues, circumstantial or external factors as a tool – not a replacement or a threat. and select and save decisions to My case (sclqld.org.au/podcast) Friday 3 January 2020 inclusive. – information we can only discover by asking list to view later, download, print and share. • hosting a justice system-themed art Step 2: the right questions. Another popular enhancement has been exhibition in the library space, Next Focus on what sets you apart This takes us to step 3 – continuously to case landing pages, making it easier to Witness by Julie Fragar. (as a human and a practitioner). improving your personal and professional browse and select relevant cases without We attended and presented at several key toolkit. The legal profession has undergone needing to download the full-text PDF. The QLS conferences throughout the year to Step 3: a paradigm shift – has your approach? landing pages highlight key information raise awareness of the library and promote Continuously work towards improving about a decision such as catchwords, our free services for QLS members. It was your personal and professional toolkit. cited legislation and cases, and subsequent great to meet lots of new members at these judicial consideration by Queensland courts In 2018, LawGeex published a major report events and see some familiar faces. We and tribunals. on a study which pitted 20 experienced were especially excited to attend our first US-trained lawyers against an algorithm. We’ve also greatly expanded the CaseLaw QLS Career Expo, where we met with over The challenge focused on reviewing non- collections by migrating content that had 100 law students and future members of disclosure agreements (NDAs). In particular, previously not been available publicly, and the profession. each lawyer was given four hours to annotate continuing to publish all new decisions of five NDAs with the relevant issues according We look forward to working with you again the courts. to a set of clause definitions. in 2020. From everyone at your law library, Sheetal Deo is a Queensland Law Society legal I wish you a safe, relaxing and enjoyable professional development executive. festive season. Notes 1 According to the URBIS National Profile of Solicitors (2018). 2 Ibid. 3 Source: artificiallawyer.com/2018/02/26/lawgeex-hits- 94-accuracy-in-nda-review-vs-85-for-human-lawyers.

38 PROCTOR | December 2019 PROCTOR | December 2019 39 ACCESS TO JUSTICE

Community Legal Centres Queensland expects Conclusion Notes that climate crises will disproportionally impact 1 Preston, B, ‘Implementing a climate conscious approach Why we must be people living in RRR communities through We must understand that climate change in daily legal practice’, Australian & New Zealand Legal exacerbating existing social and financial and the legal work it generates is no longer Ethics Colloquium Fifth Bi-Annual Meeting: Sustainable Legal Ethics as part of the public symposium ‘Should 8 pressures. The downstreaming of social and solely the preserve of specialist environmental Lawyers Challenge Emitters?’, 4 December 2015, climate conscious legal problems by this cohort will likely include lawyers. In the access to justice sector, a Monash University Law Chambers, Melbourne. property law, employment, bankruptcy, family climate-conscious mindset to legal practice 2 Australian Council of Social Services, 2013, ‘Adapting and disputes about water allocation. is clearly needed; one that conceptualises the Community Sector to Climate Change’, 13. climate change in all aspects of our work. 3 Advocates for International Development (AFID) and How legal needs are changing Some 17% of Queensland families are single- King’s College London, ‘What lawyers can do about parent families, many of whom rent rather than We can expect the intersectionality of clients’ climate change’, kcl.ac.uk/law/research/centres/ own their own home. More than one in three legal problems to be constantly shaped by climate-law-and-governance/docs/what-lawyers- BY MONICA TAYLOR can-do-about-climate-change-briefing-paper.pdf Queenslanders live in rental accommodation. climate change events. With the support of (accessed 8 October 2019). Disputes with landlords about repairs and the Society, the Queensland legal profession, 4 Australian Medical Association, Climate Change and maintenance issues that arise from climate and particularly the legal assistance sector, Human Health, position statement revised 2015, ama. events are also likely to become a common must adopt a climate-conscious approach. com.au/position-statement/ama-position-statement- climate-change-and-human-health-2004-revised-2015 feature of every day legal need. Tenants’ rights In doing so it must also build its own adaptive (accessed 7 October 2019); Ying Zhang, Paul Beggs, to access to air-conditioning and disputes capacity, resilience and responsiveness to Hillary Bambrick, et al, ‘The MJA-Lancet Countdown between tenants and landlords regarding solar climate change. on health and climate change: Australian policy inaction energy schemes inputs may also increase. threatens lives’ (2018) 209(11) Medical Journal of Australia – Lancet 474.e18. This quick scan demonstrates the extent to 5 ‘Eco-anxiety’ How to spot it and what to do about it, which climate change is infiltrating everyday bbc.co.uk/bbcthree/article/b2e7ee32-ad28-4ec4-89aa- legal practice.9 Many additional client groups a8b8c98f95a5 (accessed 7 October 2019). This article appears courtesy of the QLS Access to 6 American Psychological Association et al, March 2017, such as climate refugees and people with Justice Pro Bono Committee. Monica Taylor is the ‘Mental Health and Our Changing Climate: Impacts, disabilities whose legal problems also intersect Director of the UQ Pro Bono Centre and a member Implications, and Guidance’. with climate change events will face specific of the committee. This QLS policy committee 7 Ying Zhang, Paul Beggs, Hillary Bambrick, et al, above n4. barriers to accessing justice. A climate- brings together practitioners working full time in the 8 Community Legal Centres Queensland, ‘Evidence & access to justice sector, and private practitioners conscious approach to lawyering in the legal Analysis of Legal Need’, August 2019. The number who have an interest in access to justice including of people living outside of major cities in Queensland assistance sector requires us to embed pro bono practice, legal aid work and/or innovative was 1,733,514 in 2016, representing 37% of the total climate change consequences into the legal models of providing legal services to fill the justice population, see p30. support and advice we provide to our clients. gap. If you are interested in the work of the 9 AFID and King’s College London, above n3. committee, contact Chair Elizabeth Shearer via As global calls for action on the tangible legal, risk and reputational issues demographics expected to experience poorer [email protected]. that climate change poses for their clients. health outcomes due to climate change. climate change grow resoundingly But what does a climate-conscious approach The link between climate change and louder, the profession must also mean for lawyers who work in the legal physical health impacts is conclusive, with consider how it conceptualises the assistance sector? What is the connection climate change likely to increase heat-related impact of climate change in daily between climate change and legal need? illnesses and deaths, worsening asthma and This article attempts to address these allergies, diseases spread by food, water and legal practice. questions through a brief demographic scan insects, increased incidence of infectious of Queenslanders who typically experience diseases and mental health impacts, and Different, better. Four years ago, the Land and Environment multiple and intersecting legal problems. increased suicide risk.4 Court of New South Wales Chief Judge, Justice It is estimated that Queensland will have Brian Preston SC, called for lawyers to adopt Climate change and legal need an additional 300,000 older people by What can your client expect a climate-conscious approach. Addressing an 2026, prompting an increase in legal need audience of legal ethicists, his Honour said: As our summers become longer and hotter, when you refer them to us? across health law, elder law, succession law they carry increased risks of bushfire and “Climate change is often seen as a global and conceivably also elder abuse issues. drought (and also paradoxically, increased Michael Callow Travis Schultz problem, one that is remote and removed Additionally, including for the younger cohort risks of extreme rainfall and flooding). Life will from the daily practice of lawyers and courts. of the population, mental health problems become more uncomfortable and unpleasant But in fact climate change is a multi-scalar such as the recently coined ‘eco-anxiety’,5 As a social justice law firm, we are focused on making a positive difference in people’s lives and • Cutting edge expertise, for those without access to air-conditioning, problem. It is as much a small scale, local depression and stress are on the rise, with want affordable legal services to be accessible to all. We do this by keeping our fees lower than without the price tag. proximity to council facilities or cooling breezes, the industry average and charge only on the government set Federal Court Scale. Because we and immediate issue as it is a global issue… foreseeable flow-on effects in family violence which includes population cohorts who typically want our clients to always get more, in the exceptional case when a cap on costs is to be applied, • Compensation and insurance “Recognising that addressing climate change law, employment, and credit and debt issues.6 experts. fit the publicly-funded legal service client profile. we cap our fees at only one third of the settlement, rather than apply the normal 50/50 rule. depends on responses on a small scale and In an Australian study, researchers found that • No win, no pay. These clients are most vulnerable to the that any legal action which involves climate there is a positive correlation between mean The best of both worlds – lower fees and experience impacts of climate change because people • No uplift fees. change issues will impact on climate change annual maximum temperate and suicide rates.7 Lower fees does not mean you have to compromise on expertise. Both Travis Schultz and Michael who experience poverty and inequality generally policy gives rise to a responsibility on lawyers From a service design perspective, resourcing Callow are accredited specialists, each with over 25 years’ experience and provide a personal • No litigation lending for outlays have the least capacity to cope, adapt, move to be aware of climate change issues in daily to upscale health justice partnerships across service everyone can access. and no interest charges. 2 legal practice. It calls for a climate-conscious on and recover from climate change events. Queensland will become more important. approach rather than a climate-blind A scan of Queenslanders who experience approach.”1 (emphasis added) The impact of climate change will be most legal need shows how climate change is set directly felt by Queensland’s regional, rural and Lawyers working across the spectrum to become a ‘fundamental legal disruptor’ or remote (RRR) population groups. In 2016, more Now that is different, better. 3 of commercial law in fields as varied as ‘whole of legal system’ problem. Vulnerable than one third of the Queensland population insurance, property, corporate governance, Queenslanders include the elderly and lived outside major metropolitan areas. Sunshine Coast 07 5406 7405 Brisbane 07 3121 3240 Gold Coast 07 5512 6149 energy and finance are already addressing people with chronic disease, with these [email protected] schultzlaw.com.au

40 PROCTOR | December 2019 PROCTOR | December 2019 41 HIGH COURT AND FEDERAL COURT

years, which ended on 30 September 2016. other admitted contraventions of the disclosure acknowledged by [Counsel for the NRMA] that On 3 October 2016, the plaintiff applied for obligations in the Franchising Code. Ultra Tune there is no precedent which establishes that High Court and parole. On 14 December 2016, the Corrections is a franchisor for motor vehicle engine repair the conduct of a trade union or its members in Act 1986 (Vic) was amended to insert s74AAA, and maintenance services provided by a national campaigning for improved wages or conditions which prevented the Parole Board (the board) network of about 200 franchises. It admitted of employment constitutes conduct ‘in trade Federal Court making parole orders when the prisoner had various contraventions of the Franchising Code or commerce’. Conduct in the course of an been sentenced to a non-parole period for the but disputed other claims of contraventions existing employment relationship is unlikely murder of a person who the prisoner knew or pressed by the respondent (ACCC). to constitute conduct ‘in trade or commerce’ was reckless as to whether the person was The disputed contraventions gave rise to even where it is the conduct of the parties to casenotes a police officer, except where the board was a question of construction as to the proper the relationship itself...Similarly, I consider that satisfied that the prisoner was in imminent meaning of the expression “sufficient detail” statements by an employer to its employees in danger of dying or was seriously incapacitated, WITH ANDREW YUILE AND DAN STAR QC in cl.15(1)(b) of the Franchising Code (at [19]). the context of a proposed enterprise agreement so that the prisoner no longer had the physical The Full Court dismissed Ultra Tune’s appeal will not generally constitute conduct ‘in trade or capacity to do harm to any person. The plaintiff on the contested contraventions and upheld commerce’. By analogy, representations made commenced proceedings in the High Court’s High Court Personal injury – inferences of fact – error Costs – legal practitioners acting for the trial judge’s construction (at [46]-[48]). by a trade union in the context of an industrial original jurisdiction challenging the constitutional in material inferences at trial – review of themselves – Chorley exception Further, Allsop CJ and Jagot and Abraham JJ campaign in relation to the existing conditions validity of s74AAA. On 1 August 2018, the Limitation of actions – recovery of debts – Court of Appeal said at [47]: “The facts of the particular case will of employment of employees will generally fall In Bell Lawyers v Pentelow [2019] HCA 28 (4 Corrections Act was further amended to insert conflicting limitations periods determine the issue of sufficiency which lends outside conduct that is ‘in trade or commerce’.” Lee v Lee; Hsu v RACQ Insurance Limited; Lee September 2019) the High Court considered s74AB. That section specifically applied to the support to the primary judge’s observation at In Brisbane City Council v Amos [2019] v RACQ Insurance Limited [2019] HCA 27 (4 whether a barrister acting for themselves in plaintiff and prevented the board from allowing The claim based on the tort of injurious [104], that a franchisor would be well advised HCA 27 (4 September 2019) the High Court September 2019) concerned the correctness litigation should be able to recover costs for his parole unless the board was satisfied that: falsehood failed because the relevant to err on the side of candour.” considered which of two potentially overlapping of inferences of fact drawn by the trial judge. their time spent in the matter. As a general the plaintiff was in imminent danger of dying or statements and representations were not made limitation periods applied to the appellant’s The case concerned a car accident in which rule, a self-represented litigant cannot get was seriously incapacitated, such that he no However, the appeal against penalty was maliciously and because the NRMA did not action. Pursuant to statutory powers, the the appellant was rendered an incomplete recompense for the value of their time spent in longer had the physical capacity to do harm allowed and the Full Court reduced the trial establish actual damage in the relevant legal appellant levied rates and charges against the tetraplegic. The critical issue at trial was, who litigation. However, there is a general exception to any person; the plaintiff had demonstrated judge’s penalty of $2,604,000 to $2,014,000. sense (at [191]-[219]). respondent, the owner of land in Brisbane. was driving the car? The appellant and his to that rule for self-represented litigants who that he does not pose a risk to the community; The Full Court disagreed with the trial judge that Administrative law and environment law – Statute also provided that “overdue rates family argued that the father was driving. The also happen to be solicitors. The exception was and other circumstances justified the order. The the disclosure contraventions were in or towards appeal from AAT – the precautionary principle and charges are a charge on the land”. respondent argued that the appellant was established in London Scottish Benefit Society plaintiff alleged that the amended provisions the worst category of case (at [60]). Ultra Tune’s The appellant brought an action to recover driving and that he had been moved by his v Chorley (1884) 13 QBD 872. In the present were contrary to Ch.III of the Constitution contravening conduct was characterised and 0of the Administrative Appeals Tribunal (AAT). unpaid rates levied between 1999 and 2012. father into the back of the car following the case, the appellant retained the respondent, because they imposed additional or separate assessed by the Full Court as “egregious The primary decision under review by the AAT A number of defences were raised, but the crash. The driver of the other car involved in a barrister, to act in proceedings in the NSW punishment by extending the non-parole period; inadvertence” (at [59] and [70]-[72]). was the decision of the Great Barrier Reef Marine High Court appeal related only to a limitation the crash observed the father, very shortly Supreme Court. At the end of the proceedings they constituted cruel, inhuman or degrading Consumer law, torts and trade marks Park Authority to grant two permissions under period pleaded. Section 26(1) of the Limitation after the crash, in the back of the car removing there was a dispute over the respondent’s costs. treatment or punishment contrary to the Bill of – whether conduct in the course of an the Great Barrier Reef Marine Park Regulations of Actions Act 1974 (Qld) provided for a 12- one of the children. There was blood on the The respondent was unsuccessful in the local Rights 1688; and they were inconsistent with industrial dispute (i) infringed trade mark, 1983 (Cth) to the applicant to use and enter the year limitation period for actions “to recover a driver’s side airbag belonging to the appellant. court but successful on appeal in the Supreme the constitutional assumption of the rule of law. (ii) was misleading or deceptive, or (iii) Marine Park (i) to conduct a program to take principal sum of money secured by a mortgage The trial judge found that the appellant was Court. Costs were awarded to the respondent. The High Court held that the new provisions were injurious falsehood – ‘in trade or commerce’ animals or plants that pose a threat to human or other charge on property”. That provision driving the car. On appeal, the Court of Appeal The respondent was represented by a solicitor relevantly indistinguishable from the provision requirement for misleading or deceptive conduct life or safety, being the Queensland Shark encompassed debts created by statute and found critical errors in the reasoning of the in the local court and by senior counsel in upheld in Knight v Victoria (2017) 261 CLR 306, Control Program; and (ii) to conduct a research secured by charge. Relevantly for this appeal, trial judge. McMurdo JA said that, absent the the Supreme Court. She also attended court in which the court refused to reopen its decision In National Roads and Motorists’ Association program comprising certain specified studies. s10(1)(d) provided for a six-year limitation period DNA evidence, he would have found that the herself a number of times and was engaged in in Crump v New South Wales (2012) 247 CLR Limited v Construction, Forestry, Maritime, The AAT varied the decision under review and for “an action to recover a sum recoverable by father was driving the car. However, the DNA preparation of the case. The appellant disputed 1. The sections did not alter the sentence or Mining and Energy Union [2019] FCA 1491 the appellant challenged the AAT’s decision on (11 September 2019) the applicant (NRMA) virtue of any enactment”. The appellant argued evidence was such that the trial judge’s finding the respondent’s costs. The issue for the High impose additional punishment, nor did they various administrative grounds, all of which were brought a proceeding alleging that the that only the longer of the two limitation periods could not be said to be wrong. The High Court Court was whether the Chorley exception involve the exercise of judicial power. They did dismissed by the Full Court. applied. The High Court said that one cannot held that judicial restraint in interfering with a for solicitors should be extended to self- no more than change the conditions that had to respondent (MUA) engaged in trade mark understand the overlap between the sections trial judge’s findings are limited to findings likely represented litigants who were also barristers. be met before the plaintiff could be released on infringements, misleading or deceptive Among other matters, there was consideration without understanding their history. There to have been influenced by impressions about The court unanimously held that the Chorley parole. This conclusion meant that the second conduct and committed the tort of injurious of the ‘precautionary principle’. The precautionary was a long history of predecessor provisions witnesses and reliability. Aside from that, the exception should not extend to barristers and and third arguments of the plaintiff did not need falsehood. The court dismissed the NRMA’s principle is one of the “principles of ecologically and authorities dealing with interpretation of Appeal Court is in as good a position as the trial a majority of the court held that the Chorley to be considered. Section 74AB was valid, and case on all bases. The impugned conduct sustainable use” in s3AB of the Great Barrier such provisions, English and Australian. Until judge to draw inferences from facts found. In exception should not be recognised as part as such, s74AAA did not need to be considered. occurred in an industrial dispute relating to the Reef Marine Park Act 1975 (Cth). Section 3(1) the late 1800s, the overlap was dealt with by this case, having rejected critical planks in the of the common law of Australia at all (Nettle J Kiefel CJ, Bell, Keane, Nettle and Gordon JJ wages and conditions of employees of a ferry of that Act defines the ‘precautionary principle’ confining the longer limitation period to actions trial judge’s reasoning, the Court of Appeal had held that there was no need or justification to jointly; Gageler J and Edelman J separately business owned by the NRMA. The NRMA’s to mean “the principle that lack of full scientific for real or proprietary claims, and the second to weigh the conflicting evidence and decide decide the second point). The plurality said the concurring. Answers to Special Case given. claims included that, as part of the industrial certainty should not be used as a reason for and shorter period applied only to personal for itself what was the correct inference to exception was “an affront to the fundamental dispute, the MUA used the NRMA’s word and postponing a measure to prevent degradation Andrew Yuile is a Victorian barrister, ph 03 9225 7222, device marks, and made false or misleading claims. However, in Barnes v Glenton [1899] draw. Further, the view that the DNA evidence value of equality of all persons before the law”, email [email protected]. The full version of these of the environment where there are threats of 1 QB 885 it was held that a defendant could was persuasive failed to consider an important which could not be justified by policy. It was also judgments can be found at austlii.edu.au. statements which were detrimental to, and serious or irreversible environmental damage”. plead either limitation period where there was assumption underlying expert evidence about inconsistent with the relevant statutory definition designed to injure, the NRMA and its brand. The precautionary principle is also defined in overlap. The shorter period for personal claims the DNA, that the appellant was unrestrained of ‘costs’. Kiefel CJ, Bell, Keane and Gordon Federal Court In relation to the claims of misleading or the same terms in s391(2) of the Environment would not be extended by the s26 predecessor. by a seatbelt. However, the Court of Appeal JJ jointly; Gageler J, Nettle J and Edelman J deceptive conduct, the central issue was Protection and Biodiversity Conservation Act The appellant in this case argued that Barnes v found, consistent with the evidence at trial, separately concurring. Appeal Consumer law – construction of disclosure whether the conduct was “in trade or 1999 (Cth). Allsop CJ and Greenwood and Glenton should not be followed. The High Court that the driver was wearing a seatbelt. That from the Court of Appeal (NSW) allowed. obligation in the Franchising Code – commerce”. The court considered and applied Robertson JJ rejected the ground of appeal unanimously rejected that submission. The finding required consideration of further expert civil penalties the principles from the seminal High Court that the AAT misunderstood or erred in applying Constitutional law – chapter III – parole case had been followed consistently for more evidence about seatbelts, which would have case of Concrete Constructions (NSW) Pty the precautionary principle (at [119]-[128]). periods – extension of non-parole by In Ultra Tune Australia Pty Ltd v Australian than 100 years and was the understanding on prevented the driver’s face (and blood) coming Competition and Consumer Commission Ltd v Nelson (1990) 169 CLR 594 (at [132]). naming person which the current provision had been drafted. into contact with the airbag. The High Court [2019] FCAFC 164 (20 September 2019) the The court also discussed the body of caselaw The court agreed with the majority from the assessed the evidence and inferences for itself, In Minogue v Victoria [2019] HCA 31 (11 appellant (Ultra Tune) appealed against the which indicates that it is not the intention Court of Appeal and dismissed the appeal. The and held that the better conclusion was that the September 2019) the High Court upheld the trial judge’s decision that it contravened a of ss18 and 29 of the Australian Consumer defendant could plead either limitation period father was the driver. Consequential orders were constitutional validity of provisions specifically disclosure obligation owed to franchisees in Law (or its predecessor) to govern public or where there was overlap. Kiefel CJ and Edelman made allowing the appeal. Bell, Gageler, Nettle preventing the parole of the plaintiff except in cl.15(1) of the Franchising Code (Schedule 1 political debate (at [133]-[149]). It was held Dan Star QC is a Senior Counsel at the Victorian Bar, J jointly; Gageler J, Keane J and Nettle J each and Edelman JJ jointly; Kiefel CJ separately very limited circumstances. The plaintiff was to the Competition and Consumer (Industry that the relevant conduct of the MUA was ph 03 9225 8757 or email [email protected]. separately concurring. Appeal from Court of concurring. Appeal from the Court of Appeal convicted of the murder of Angela Taylor in Codes – Franchising) Regulation 2014 (Cth)) not conduct “in trade or commerce” (at [154]). The full version of these judgments can be found Appeal (Qld) dismissed. (Qld) allowed. 1988. The court set a non-parole period of 28 and the imposition of penalties for that and Griffiths J explained at [135]: “It was properly at austlii.edu.au.

42 PROCTOR | December 2019 PROCTOR | December 2019 43 FAMILY LAW YOUR LEGAL WORKPLACE Non-compliance with Basic entitlements – s60I derails application community service, public holidays and more WITH ROBERT GLADE-WRIGHT BY ROB STEVENSON

Children – father’s application for parenting Property – initial contributions of $4.97m (h) and Spousal maintenance – applicant may In this series of articles, I have Notice of the absence for all types of Fair Work Information Statement – Employers orders dismissed for non-compliance with $500,000 (w) to $12.5m pool assessed at 80:20 reasonably claim expenses not being incurred community service leave must be given are required to provide every new employee s60I (family dispute resolution) due to inability to pay dealt with the basic entitlements of In Daly & Terrazas [2019] FamCAFC 142 as soon as practicable by the employee with a document called a Fair Work In Ellwood & Ravenhill [2019] FamCAFC 153 (13 August 2019) the Full Court (Ainslie-Wallace, In Garston & Yeo (No.2) [2019] FamCAFC 139 every employee under the National and reasonable evidence must be Information Statement (FWIS) before, or (6 September 2019) Kent J (sitting in the appellate Aldridge and Austin JJ) considered a nine-year (16 August 2019) Aldridge J (sitting in the appellate produced on request. as soon as practicable after, the employee Employment Standards (NES). commences employment. It contains details jurisdiction of the Family Court of Australia) cohabitation between a 47-year-old husband jurisdiction of the Family Court of Australia) heard Public holidays – An employee is entitled to of the NES, awards, agreement-making, the allowed the mother’s appeal against orders made and 44-year-old wife. The parties’ 14 and Mr Garston’s appeal against an interim order for So far, I have dealt with those relating to: paid absence from work on public holidays. on the application of the father in respect of the 11-year-old children lived with the husband and spousal maintenance after the breakdown of a right to freedom of association and the role of Public holidays are listed as: parties’ daughter (17) and son (nearly 16). His saw the wife on weekends and on holidays. same-sex marriage. Mr Yeo sought maintenance • maximum weekly hours the Fair Work Commission and the Fair Work application sought to have the existing, informal Finding that the husband’s initial contributions of $2500 a week, Judge Boyle at first instance • requests for flexible working arrangements • 1 January (New Year’s Day) Ombudsman. It is good practice to attach parenting arrangement (equal time with daughter were worth $4.97 million and the wife’s accepting that Mr Yeo was not in good health • parental leave • 26 January (Australia Day) the FWIS to the new employee’s employment but son spending no time with mother due to $500,000, Rees J at first instance said that and, although looking for work, he had been agreement. The FWIS is updated each year • annual leave • Good Friday conflict between them) reflected in an order. In during the parties’ relationship they “conducted unemployed since 2014 while receiving a $1000 and can be accessed at fairwork.gov.au. response, the mother applied for the dismissal of their financial affairs independently”, although weekly allowance from Mr Garston. It was ordered • personal/compassionate leave (including • Easter Monday the father’s application as s60I Family Law Act “each party invested both formally and informally that the stipend continue at $1000 per week, family and domestic violence leave) • 25 April (ANZAC Day) 1975 (FLA) had not been complied with, arguing in properties owned by the other” ([10]) and the court rejecting $1500 of Mr Yeo’s claimed • long service leave • Queen’s Birthday holiday that the court lacked jurisdiction. “each contributed their money and their efforts expenses, including rent, skincare and holidays. to the enterprise of their family” ([59]). • notice of termination/redundancy pay. • 25 December (Christmas Day) The father filed an affidavit as to his not filing a In refusing leave to appeal, Aldridge J said s60I certificate, deposing that mediation had The $12.5 million pool excluded superannuation, (from [24]): The remaining NES deal with: • 26 December (Boxing Day) been tried by the parties but failed, which the which was worth $342,351 (husband) • state-declared public holidays. “The appellant correctly submitted that a person Community service leave – Employees are mother disputed. At first instance, a judge of and $83,619 (wife). The wife had worked seeking an order for spousal maintenance must entitled to this leave if taking part in an eligible An employer can make a reasonable request the Federal Circuit Court directed the parties to professionally and earned income from shares satisfy the court, on the evidence before it, that community service activity, which is defined as: for an employee to work on the public attend with a family consultant pursuant to s11F during the relationship. Rees J found that the he or she cannot support himself or herself holiday, which the employee can refuse on FLA. The mother appealed. parties’ contributions up to the date of trial were • jury service required by law adequately as set out in s72(1) of the Act (Hall v equal, but that their initial contributions warranted reasonable grounds. The Fair Work Act 2009 In setting aside the order and dismissing the Hall [2016] HCA 23…at [8]). (…) • a voluntary emergency management an 80:20 contributions-based adjustment. The (Cth) sets out certain factors to take into father’s parenting application, Kent J said activity, or wife then received a 10% adjustment for s75(2) [29] A claim for maintenance is not limited account in deciding what is reasonable: (from [21]): • otherwise as prescribed by regulation. factors, a division of 70:30 in favour of the by reference to current expenses because • the nature of the employer’s workplace “(…) [T]he provisions [of s60I(7)] emphasise husband overall. The husband appealed. an applicant applying for maintenance may There is no restriction on leave for jury duty. (including its operational requirements) the requirement for parties to a dispute about not have the ability to pay for commitments In dismissing the appeal, Ainslie-Wallace J Employees absent on jury duty (other than and the nature of the employee’s work parenting orders to make a genuine effort to necessary to support themselves (s75(2)(d) of casual employees) do have to be paid the (with whom Aldridge and Austin JJ agreed) • the employee’s personal circumstances, resolve that dispute with the assistance of the Act) and thus avoid incurring what otherwise difference between their base pay and the said (from [20]): including family responsibilities family dispute resolution before application is would be a reasonable expense. Therefore, the amount received for jury duty for the first made to the Court. Only if one of the exceptions “In short, the argument as to the first ground, focus is on what is necessary for support. 10 days of absence. • whether the employee could reasonably contained in subsection (9) applies, can an shorn of the lawyerly language of the [30] Often, and conveniently, the identification expect that the employer might request application be filed without the parties having submission, is: ‘20 per cent is too much’. (…) A voluntary emergency management activity of reasonable needs may be done by reference work on a public holiday participated in family dispute resolution. Even involves the employee: [22] The appeal ground invites this Court to expenses that are currently being incurred • whether the employee is entitled to then, it can be seen that subsection (10) to do the impermissible, to substitute our but obviously, that will not be possible or lead • being a member of a recognised requires the Court to consider an order for the receive overtime payments, penalty rates determination of what figure is appropriate to to adequate support in all cases. It is reasonable emergency management body (such parties to attend family dispute resolution with a or other compensation for, or a level of reflect the parties’ contributions instead of her to claim that you need more money than you family dispute resolution practitioner. (…) as the State Emergency Service, Country remuneration that reflects an expectation Honour’s. Nothing put to us persuades me are currently spending (Seitzinger & Seitzinger Fire Authority or RSPCA) of, work on the public holiday [28]…[T]he primary judge was in error in that we ought to, and further, her Honour’s [2014] FamCAFC 244…at [53]). Here too, the • being requested to engage in an proceeding to hear the father’s application not conclusion was entirely open to her on the Financial Statement was prepared very shortly • whether the employee is full time, having made any finding…that any of evidence. The outcome is not unreasonable after separation when it would be more difficult activity dealing with an emergency or part time or casual, or is a shift worker the exceptions in subsection (9) applied. or plainly unjust such that a failure properly to to identify the cost of reasonable needs. natural disaster on a voluntary basis (no • the amount of advance notice given In other words, the mandatory requirement exercise the discretion may be inferred (see formal request is necessary in urgent [31] It follows that the submission that because a by the employer. of subsection (7) applied, and the primary House v The King (1936) 55 CLR 499 at 505). circumstances), and claim is an estimate it must be disregarded cannot judge was in error in proceeding to hear the [23] In my view his challenge has no foundation be accepted. It also follows that verification of • engaging in the activity. application notwithstanding that that mandatory and must fail.” expenditure is not necessarily required. (…)” Leave for emergency management purposes requirement had not been complied with.” must be reasonable in all the circumstances and covers not only the time engaged in the Robert Glade-Wright is the founder and senior editor activity but also reasonable travelling and rest of The Family Law Book, a one-volume loose-leaf and online family law service (thefamilylawbook.com.au). time following the activity. Employees absent Rob Stevenson is the Principal of Australian He is assisted by Queensland lawyer Craig Nicol, on voluntary emergency management activities Workplace Lawyers and a QLS Senior Counsellor, who is a QLS Accredited Specialist (family law). do not have to be paid by the employer. [email protected].

44 PROCTOR | December 2019 PROCTOR | December 2019 45 YOUR PRACTICE

Follow this initial survey up with six-monthly, 5. Carefully analyse the language of the “A positive culture in the workplace is firm-wide satisfaction surveys. It may take a firm to see if it inadvertently promotes essential for fostering a sense of pride The law firm few surveys to demonstrate that you take the class distinctions. For example, many and ownership amongst the employees. process seriously and that you are prepared firms absent-mindedly use the generic When people take pride, they invest their to be accountable for implementing or not description ‘professionals’ to describe all future in the organisation and work hard employee experience implementing particular recommended team members with legal qualifications. to create opportunities that will benefit actions. It is not until you have demonstrated The inference is that somehow the the organisation. Positive attitudes and What really works? your bona fides in this regard that you will professionally qualified staff within HR, behaviour in the workplace are the direct start to enjoy the full confidence of staff. marketing, finance and IT are somehow results of effective leadership and a positive management style”.5 1. Develop and promote your values less deserving. BY GRAEME MCFADYEN vigorously. Staff buy-in is imperative, 6. Look for opportunities to communicate, so significant staff input into the values is communicate and communicate. necessary. Once developed, don’t be shy The surveys are only one link in the While work-life balance is a topical about your values. They need to be highly communications chain. You might consider issue generally, it is especially so visible across the office(s). keeping staff informed of firm performance against revenue targets and strategies. If within the legal industry, which 2. Walk the talk. Your values define acceptable behaviours at all levels, you want your people to take a personal has the unfortunate reputation as particularly at partner level. There can be interest in the performance of the firm, you being the most depression-prone no exemptions and anyone engaging in need to take them into your confidence. persistent, serious breaches needs to 7. Look for opportunities to celebrate Graeme McFadyen has been a senior law firm profession in Australia. be exited quickly. Decisive leadership by successes. Circulate the good news stories manager for more than 20 years. He is Chief the managing partner in managing the Operating Officer at Misso Law and is also In a recent survey of 200 legal professionals and ensure heroic performances by support available to provide consulting services to law sometimes errant (and frequently highly across Australia and New Zealand, more than staff especially are publicly celebrated. firms – [email protected]. visible) behaviour of partners is critical. 60% said they had experienced depression Postscript: The poor business practices at 3. Don’t wait for a formal appraisal session or knew someone who did, while 85% said the banks and especially AMP uncovered by Notes 1 to let somebody know if their conduct is they had experienced anxiety. the Royal Commission into Misconduct in 1 ‘Lawyers experience high rates of anxiety and unacceptable. If somebody’s behaviour is This focus on work-life balance has seen the Banking, Superannuation and Financial depression, survey finds’, ABC News, 14 August inconsistent with your values, make sure 2019, abc.net.au/news/2019-08-15/study- many initiatives introduced in firms, but not Services Industry demonstrates how pockets they know it. A quiet word by a senior finds-high-rates-anxiety-depression-in-legal- always effectively. In another recent survey, of toxicity may develop, even within otherwise member of the team may be all that is profession/11412832. by GlobalX and the Australasian Legal respectable organisations. Management 2 ‘Move Forward with Confidence, Your Roadmap to required, but the conversation has to Practice Management Association (ALPMA),2 needs to remain alert to these possibilities. Transformation’, 2019 GlobalX+ALPMA Legal Industry occur and it needs to be done promptly. lawyers were asked whether their firms Report. July 2019. 4. Recruit for fit against the values of the 3 Ibid, p8. had implemented positive changes to the 4 firm. If implemented properly, this will ‘Core beliefs and culture, Chairman’s survey findings’, employee experience. Some 80% confirmed Deloitte Development LLC, 2012, in which 1005 that they had, with large firms achieving a produce a significant improvement in adult employees and 303 corporate executives were 90% positive response. staff interactions, reduce internal interviewed in the United States. bickering and seriously enhance overall 5 ‘How to Create a Positive Workplace Culture’, Dr However, the same survey also found that compliance with values and the quality Pragya Agarwal in Forbes, 29 August 2018; forbes. lawyers in large firms reported the worst com/sites/pragyaagarwaleurope/2018/08/29/ of the work environment. rates of work-life balance so “there is clearly how-to-create-a-positive-work-place- a disconnect between investment in the culture/#18a5a2524272. employee experience and a flow-on effect to employee wellbeing”.3 The same survey asked what positive working conditions were offered by their firm. The most common at 83% was flexible working hours with the second most popular, surprisingly, was working from home at 73%. There were While the benefits of a positive work Rather, the employees prioritised intangibles Your first choice for no further details provided about the extent of this option – such as whether one or five days environment are well known – improved – regular and candid communications, per week so it is unclear as to the extent of teamwork, morale, productivity and staff employee recognition and access to this offering. And while these conditions may retention while reducing stress – the fact that management – as the most relevant training positively influence employee attitudes, they there are still high rates of depression within factors in establishing a positive workplace. core CPD the legal profession suggests that law firms may well not achieve a positive workplace So where do you start the cultural are not doing enough to address the problem. environment as most admin employees are renaissance? The steps required are likely Plan ahead! Book in now to meet your March 2020 requirements. unlikely to enjoy the same benefits. This situation may be attributable to the to vary depending on specific circumstances, While the workplace environment of most law leadership team having a different view from but in large part the steps outlined below Choose from our range of learning formats and levels to suit your needs. firms may have improved markedly over the their employees on how best to achieve should take you a fair way down the path. past decade, the legal environment is clearly a positive workplace. In a 2012 survey by Develop a confidential staff survey that still characterised by high levels of stress Deloitte,4 executive respondents regarded asks staff to identify what they would like and anxiety. This is demonstrated in part the organisation’s financial performance and Register today to change in the office to improve client CCPD_P1912TPH 4.58 by the fact that the respective law institutes staff remuneration as significant factors in service in particular, and the general office DELEGATE RATED and societies across Australia all provide establishing a positive workplace culture, qls.com.au/events 2018-2019 LawCare programs to promote the health while these same factors ranked amongst environment as a whole. and wellbeing of their members. the lowest in the eyes of the employees.

46 PROCTOR | December 2019 PROCTOR | December 2019 47 CLASSIFIEDS advertisinglscomau | Accountancy Agency work Agency work continued Barristers

ATHERTON TABLELANDS LAW SUNSHINE COAST SETTLEMENT AGENTS MICHAEL WILSON of 13A Herberton Rd, Atherton, From Caloundra to Gympie. BARRISTER Tel 07 4091 5388 Fax 07 4091 5205. Price $220 (plus GST) plus disbursements Advice Advocacy Mediation. We accept all types of agency work in the P: (07) 5455 6870 Victorian agency referrals Fixed Fee Remote BUILDING & Tablelands district. E: [email protected] Legal Trust & Offi ce Bookkeeping CONSTRUCTION/BCIPA Trust Account Auditors We are a full service commercial Sydney, Melbourne & Perth Admitted to Bar in 2003. From $95/wk ex GST CAIRNS - BOTTOMS ENGLISH LAWYERS SYDNEY AGENTS law firm based in the heart of Town Agency Work Previously 15 yrs Structural/ www.legal-bookkeeping.com.au of 63 Mulgrave Road, Cairns, PO Box 5196 MCDERMOTT & ASSOCIATES Melbourne’s CBD. Civil Engineer & RPEQ. Ph: 1300 226657 CMC Cairns, Tel 07 4051 5388 Fax 07 4051 Sydney Offi ce – Angela Smith 135 Macquarie Street, Sydney, 2000 Also Commercial Litigation, Email:[email protected] Our state-of-the-art offices and Suite 14.03, Level 14 5206. We accept all types of agency work in Wills & Estates, P&E & Family Law. the Cairns district. • Queensland agents for over 25 years meeting room facilities are available 9 Hunter St • We will quote where possible for use by visiting interstate firms. Sydney NSW 2000 Inns of Court, Level 15, Brisbane. • Accredited Business Specialists (NSW) P: (02) 9264 4833 We can help you with: (07) 3229 6444 / 0409 122 474 BROADLEY REES HOGAN • Accredited Property Specialists (NSW) F: (02) 9264 4611 www.15inns.com.au Incorporating Xavier Kelly & Co • Estates, Elder Law, Reverse Mortgages > Construction & Projects asmith@slfl awyers.com.au Intellectual Property Lawyers • Litigation, mentions and hearings > Corporate & Commercial Melbourne Offi ce – Rebecca Fahey Tel: 07 3223 9100 • Senior Arbitrator and Mediator > Customs & Trade Business opportunities Level 2, 395 Collins St Email: [email protected] (Law Society Panels) > Insolvency & Reconstruction Melbourne VIC 3000 • Commercial and Retail Leases > Intellectual Property McCarthy Durie Lawyers is interested in For referral of: P: (03) 9600 2450 WE SOLVE YOUR TRUST ACCOUNTING • Franchises, Commercial and Business Law > Litigation & Dispute Resolution talking to any individuals or practices that might Specialist services and advice in Intellectual F: (03) 9600 4611 PROBLEMS • Debt Recovery, Notary Public > Mergers & Acquisitions be interested in joining MDL. Property and Information Technology Law: rfahey@slfl awyers.com.au In your offi ce or Remote Service • Conference Room & Facilities available > Migration MDL has a growth strategy, which involves • patent, copyright, trade mark, design and Trust Accounting > Planning & Environment Perth Offi ce – Lisa McNicholas increasing our level of specialisation in specifi c confi dential information; Phone John McDermott or Amber Hopkins Offi ce Accounting > Property Suite 13.02, Level 13 service areas our clients require. Assistance with Compliance • technology contracts: license, transfer, On (02) 9247 0800 Fax: (02) 9247 0947 > Tax & Wealth 256 Adelaide Tce We are specifi cally interested in practices, Reg’d Tax Agent & Accountants franchise, shareholder & joint venture; Email: [email protected] > Wills & Estates P: (08) 6444 1960 which off er complimentary services to our 07 3422 1333 • infringement procedure and practice; > Workplace Relations F: (08) 6444 1969 existing off erings. [email protected] • related rights under Competition and lmcnicholas@slfl awyers.com.au www.thelegalbookkeeper.com.au We employ management and practice Consumer Act; Passing Off and Unfair BRISBANE – AGENCY WORK Contact: Elizabeth Guerra-Stolfa Competition; T: 03 9321 7864 Quotes provided for management systems, which enable our • IPAUSTRALIA searches, notices, BRUCE DULLEY FAMILY LAWYERS [email protected] • CBD Appearances lawyers to focus on delivering legal solutions applications & registrations. • Mentions and great customer service to clients. Est. 1973 – Over 40 years’ www.rigbycooke.com.au • Filing If you are contemplating the next step for your Level 24, 111 Eagle Street experience in Family Law • Family career or your Law Firm, please contact Accountants and Tax Advisors T: 03 9321 7888 Brisbane, Qld 4000 Brisbane Town Agency Appearances in • Conveyancing/Property Shane McCarthy (CEO & Director) for a specialising in legal fi rms. • All Civil matters GPO Box 635 Brisbane 4001 Family Court & Federal Circuit Court confi dential discussion regarding opportunities Practice management software www.brhlawyers.com.au Level 11, 231 North Quay, Brisbane Q 4003 at MDL. Contact is welcome by email implementations and training. the big boutique law fi rm P.O. Box 13062, Brisbane Q 4003 [email protected] or phone 07 3370 5100. www.verlata.com Ph: (07) 3236 1612 Fax: (07) 3236 2152 Ph: 1300 215 108 SYDNEY – AGENCY WORK Email: [email protected] Small South-West Brisbane incorporated Email: [email protected] Webster O’Halloran & Associates legal practice seeking a partner. Build your Solicitors, Attorneys & Notaries +61 7 3862 2271 Offi ces in Brisbane, Sunshine Coast and own practice and choose your own hours. eaglegate.com.au Singapore Telephone 02 9233 2688 Good opportunity for experienced solicitor Facsimile 02 9233 3828 Intellectual Property, ICT and Privacy looking to hang out their shingle. Contact by email: [email protected] or DX 504 SYDNEY • Doyles Guide Recommended IP Lawyer phone 0434 831 468. • Infringement proceedings, protection advice, BEAUDESERT – AGENCY WORK Kroesen & Co. Lawyers NOOSA – AGENCY WORK commercialisation and clearance to use Tel: (07) 5541 1776 SIEMONS LAWYERS, Expert witness SYDNEY & GOLD COAST AGENCY WORK searches; Fax: (07) 5571 2749 Noosa Professional Centre, • Patents, Trade Marks, Designs, Copyright; E-mail: cliff @kclaw.com.au 1 Lanyana Way, Noosa Heads or Sydney Offi ce: CYBER CRIME EXPERT WITNESS Level 14, 100 William St, Sydney • Australian Consumer Law and passing off ; All types of agency work and fi ling accepted. PO Box 870, Noosa Heads Cyber Forensic Criminal Defence Expert Ph: 02 9358 5822 • Technology contracts; phone 07 5474 5777, fax 07 5447 3408, Witness, Simon Smith, outstanding results, DO YOU NEED MORE TIME? Fax: 02 9358 5866 WE CAN HELP! email [email protected] - Agency • Information Security advice including Privacy Australia’s best https://expertwitness.com.au. We off er bookkeeping and BAS Agent work in the Noosa area including conveyancing, Gold Coast Offi ce: Impact Assessments, Privacy Act/GDPR Free initial brief review. 0410 643 121. settlements, body corporate searches. services including Trust & General Level 4, 58 Riverwalk Ave, Robina compliance advice, breach preparation NOTE TO PERSONAL INJURY ADVERTISERS accounting, Payroll & BAS Lodgement Ph: 07 5593 0277 including crisis management planning; Contact Tracy BRISBANE FAMILY LAW – Fax: 07 5580 9446 • Mandatory Data Breach advice. The Queensland Law Society advises that it can 0412 853 898 ~ [email protected] not accept any advertisements which appear to be BANKING EXPERT ROBYN McKENZIE All types of agency work accepted Nicole Murdoch prohibited by the Personal Injuries Proceedings Lending decisions, recovery actions, finance Appearances in Family Court and Federal • CBD Court appearances Act 2002. All advertisements in Proctor relating [email protected] availability & capacity to settle. Circuit Court including Legal Aid matters. • Mentions to personal injury practices must not include any Referrals welcome. Contact Robyn. NOTE: CLASSIFIED ADVERTISEMENTS • Filing statements that may reasonably be thought to be Geoff Green 0404 885 062 GPO Box 472, BRISBANE 4001 intended or likely to encourage or induce a person [email protected] Unless specifi cally stated, products and services Telephone: 3221 5533 Fax: 3839 4649 Quotes provided. Referrals welcome. 07 3842 5921 to make a personal injuries claim, or use the servicesadvertised of aor particular otherwise practitioner appearing or in a Proctor named arelaw www.linkedin.com/in/geoff-green-melb email: [email protected] Email: [email protected] [email protected] notpractice endorsed in making by Queensland a personal injuriesLaw Society. claim.

48 PROCTOR | December 2019 PROCTOR | December 2019 49 CLASSIFIEDS advertisinglscomau | For rent or lease For sale continued Job vacancies Legal services continued Mediation Missing wills continued

POINT LOOKOUT – NTH STRADBROKE Trainee Supervised or Recently Graduated In the intestate Estate of Paul Martin, 4 bedroom family holiday house. LAW PRACTICES Solicitor. Full Time, Crossan Legal, BARTON FAMILY MEDIATION deceased, late of Sans Souci, Sydney. Great ocean views and easy walking Solicitors & Notary, Emerald Courtney Barton will help resolve your client’s Would anyone who knows the whereabouts distance to beaches. FOR SALE Crossan Legal is a small busy country law family law matter for reasonable fi xed fees. or contact details of RUSSELL COLIN Ph: 07- 3870 9694 or 0409 709 694 practice which has provided Legal Services in HOLYOAKE who resided in Bracken Ridge, most areas of the Law in Emerald and Central Half Day (<4 hrs) - $1500 incl GST Queensland in the years before 2008, please Queensland continuously since 1974. The contact Robbert Fox of MCW Lawyers of COMMERCIAL OFFICE SPACE fi rm undertakes predominately Family Law, Full Day (>4 hrs) - $2500 incl GST Sutherland, New South Wales at (02) 9589 6666 46m² to 620m² – including car spaces for lease Commercial, Wills and Estates, Local and STATUTORY TRUSTEES FOR SALE or email details to [email protected]. Available at Northpoint, North Quay. Ph: 3465 9332; Mob: 0490 747 929 Regional Magistrates and District Court and Our team regularly act as court-appointed Close proximity to new Law Courts. town and country conveyance transactions. The [email protected] statutory trustees for sale, led by: ESTATE OF BERYL DOROTHY RAFTER Please direct enquiries to Don on 3008 4434. current principal, Neil Peacey has practiced SIMON LABLACK Would any person or fi rm holding or knowing continuously here since 1980. PROPERTY LAW (QLD) the whereabouts of a will or other document The successful applicant should aspire to and/or OFFICE TO RENT ACCREDITED SPECIALIST purporting to embody the testamentary possess competency in the following areas:- Join a network of 486 Solicitors and Barristers. Contact us for fees and draft orders: intentions of BERYL DOROTHY RAFTER late Preferably a country background, and/or a of Redlands Residential Care, 3 Weippin St, Virtual and permanent offi ce solutions sincere interest in relocating to reside and work 07 3193 1200 | www.lablacklawyers.com.au Cleveland, Queensland formerly of 31 Summit for 1-15 people at 239 George Street. permanently in Emerald and become actively Rd, Pomona, Queensland, who died on 22 Call 1800 300 898 or email involved in the local community. October 2019, please contact MAREE RACKI [email protected] A sincere and positively focused interest in of PARSONS LAW, Phone: 07 5522 9272 practicing in all areas of the Law including in Email: [email protected] particular the areas currently undertaken by the fi rm. Missing wills www.bstone.com.au A genial ability to communicate politely and respectfully, and to so engage with clients, other 07 3842 5921 Your Time is Precious bstone.com.au Queensland Law Society holds wills and other Commercial Offi ce space including fi t out. staff members, the community at large and other [email protected] members of the Legal Profession; documents for clients of former law practices Suit Barrister with Receptionist at Northpoint, Brisbane 07 3062 7324 placed in receivership or for other matters. To work with time and cost effi ciency in a robust, North Quay. Close proximity to Law Courts. Enquiries can be emailed to the External proactive and enthusiastic manner and under Sydney 02 9003 0990 Interventions Team at [email protected]. Please direct all enquires to Emily 3236 2604. pressure at times both independently and as Melbourne 03 9606 0027 Secretarial services part of our team. Sunshine Coast 07 5443 2794 For sale All enquires and applications with CV in Jenny’s Typing Services confi dence to Ms Madonna Serotzki, Offi ce Over 30 years Legal Secretarial experience. Townsville Boutique Practice for Sale Manager by post to PO Box 434 Emerald Q Legal software 4720 or email: [email protected] Home Based. Competitive Rates. Word 365. Established 1983, this well-known fi rm is Olympus DSS Player. No job too small. focused on family law, criminal law, estates 07 4124 1469 | [email protected] and wills. Centrally located in the Townsville Legal services CBD. Can be incorporated if required. A gift in your Will is a lasting legacy that Operates under LawMaster Practice provides hope for a cancer free future. PORTA LAWYERS Wanted to buy Management System. Seller prepared to stay For suggested Will wording and more Introduces our on for a period of time if requried. Preferred information, please visit cancerqld.org.au Practice Management Software Purchasing Personal Injuries fi les Australian Registered Italian Lawyer Call 1300 66 39 36 or email us on Supplier for Legal Aid Queensland and Legal TRUST | Time | Fixed Fees | INVOICING | Aid NSW (when required). Seller is ICL and Full services in ALL areas of Italian Law [email protected] Jonathan C. Whiting and Associates are Matter & Contact Management | prepared to purchase your fi les in the areas of: Separate Representative. $150,000.00 plus Outlays | PRODUCTIVITY | Documents | Fabrizio Fiorino • Motor Vehicle Accidents WIP. Room to expand. Phone 07 4721 1581 QuickBooks Online Integration | Would any person or fi rm holding or knowing [email protected] or 0412 504 307, 8.30am to 5.30pm Mon-Fri. Integration with SAI Global the whereabouts of any Will or other document • WorkCover claims Phone: (07) 3265 3888 Think Smarter, Think Wiser… purporting to embody the testamentary • Public Liability claims intentions of Daryl Andrew Dickson late of 24 Outer North Brisbane Practice for Sale www.WiseOwlLegal.com.au Contact Jonathan Whiting on Prime position. Established 11 years in a Tivoli Hill Road, Tivoli Qld 4305 and formerly of 07 3106 6022 07-3210 0373 or 0411-856798 growth area. Currently a visited offi ce only. 305 Adina Avenue, Bilinga Qld 4224, who died [email protected] on 11 September 2019, please contact Budd & Billings range from $290k to $450k. Piper, Solicitors, PO Box 203, Tweed Heads Conveyancing, Commercial work, Family Law, NSW 2485. Telephone: 07 5536 2144 or Wills & Estates and Wills in safekeeping. Details available at: Locum tenens email: [email protected]. Established client base, fi t out and equipment. www.lawbrokers.com.au Would suit a practitioner wanting to go solo or ROSS McLEOD - Locum Services Qld a larger fi rm wanting a branch offi ce. Private [email protected] Would any person or fi rm holding or knowing the Specialising in remote document drafting from whereabouts of a Will of Patricia Lurati NOTE TO PERSONAL INJURY ADVERTISERS sale with a view to retirement. Brisbane. Experienced and willing to travel. Enquiries to: [email protected] Call Peter Davison currently of 25 Wongawallan Road, Eagle P 0409 772 314 Heights, 4271, QLD. Date of Birth: 10 Sept. The Queensland Law Society advises that it can 07 3398 8140 or 0405 018 480 E [email protected] 1932, please contact Chris Reeve at not accept any advertisements which appear to be www.locumlawyerqld.com.au prohibited by the Personal Injuries Proceedings Chris Reeve & Co Solicitors on 07 5449 7500 Act 2002. All advertisements in Proctor relating For further information or support Or email [email protected] to personal injury practices must not include any 07 3842 5921 NOTE: CLASSIFIED ADVERTISEMENTS please contact a member of the NOTE: CLASSIFIED ADVERTISEMENTS statements that may reasonably be thought to be Pride in Law’s Executive Committee. intended or likely to encourage or induce a person [email protected] to make a personal injuries claim, or use the Unless specifi cally stated, products and services [email protected] Unless specifi cally stated, products and services 07 3842 5921 advertised or otherwise appearing in Proctor are not advertised or otherwise appearing in Proctor are not services of a particular practitioner or a named law endorsed by Queensland Law Society. prideinlaw.org endorsed by Queensland Law Society. [email protected] practice in making a personal injuries claim.

50 PROCTOR | December 2019 PROCTOR | December 2019 51 WINE

such as Ruinart Blanc de Blancs NV 2. Clovely Estate Chardonnay 2019 – (although a little more pricey at around $120). On the eve of one of our finest vintages, Nick Pesudovs our prodigal winemaker was EXPERT SEVEN REVEAL THEIR 3. A half-bottle of champagne! desperate to be let loose on an exceptional, 4. Given the ‘one bottle’ limitation, it would yet very small parcel of chardonnay. Ever have to be a jeroboam (three litres) or even cautious in his approach, this time he let a methuselah (six litres) of champagne. nature lead the winemaking process and Champagne Palmer & Co does great the wine is simply sublime. Barrel fermented champagne in large formats. If push-came- with indigenous yeast from the vineyard, FESTIVE FAVOURITES Joanne Rennick to-shove, a magnum (1.5 litres) might just like a tightly wound clock this wine unfurls suffice. As Winston Churchill quipped (being in the mouth with evolving flavours. Kick off (MANAGING PARTNER, perhaps a little sexist): “A magnum is the WITH MATTHEW DUNN 2. Weingut Keller Riesling von der Fels Christmas lunch with freshly shucked Coffin – any vintage between 2015 and 2018, MURPHYSCHMIDT SOLICITORS) perfect size for two gentlemen over lunch, Bay oysters and our 2019 chardonnay. served with seared scallops with a ginger especially if one isn’t drinking.” Christmas is just around the 1. Primo Estate Joseph Sparkling Red 3. Golden Grove 2018 Barbera – soy dressing and shallots. For the recipe, If it had to be single 750ml bottle, it would be The perfect red wine for drinking in corner, so this month we’ve asked look for ‘Scallops with ginger and shallots’ at 2. Giaconda Chardonnay with scallops a Louis Roederer Cristal 2008 – one of the Queensland, medium bodied with a juicy taste.com.au.‘Von der Fels’ means ‘from the or prawns simply done. best vintages of the last 20 years. a group of senior practitioners berry fruit nose and a palate that is soft and rocks’. It is a riesling made using some of the 3. Last $30 wine – impossible to choose. supple. Mouth-watering tannins, a touch of with outstanding knowledge top-shelf GG ‘cru’ vines from 10 to 30 years I’ll vote for Ministry of Clouds Tempranillo oak and that classic crunchy Barbera acidity. old. Jancis Robinson MW is reported as of wines to answer four festive Grenache. Spend the last dollar on this wine, leave saying: “If I had to choose one wine to show nothing for the Boxing Day sales, but make Justin McDonnell 4. Lady Elliot special wine – the island season questions: how great German riesling can be, I would sure you have already bought the prosciutto. (PARTNER, KING & WOOD MALLESONS) choose a Keller riesling. Those wines are views would outshine the wine, but it would 1. What Christmas celebration wine would the German Montrachets.” have to be Australian and it would have to 4. La Petite Mort 2017 Pinot Noir Rosé – you recommend for less than $80? 1. Primo Estate Sparkling Shiraz an be red (I’m assuming no refrigeration) – An engaging label, albeit a little absurd. Australian unique style of wine, a red bubbly! 3. I’d reach for a Blue Poles Allouran Yabby Lake Pinot Noir. If I can only take one bottle, then I need/ 2. What food wine would you recommend (Merlot Cabernet Franc). A Bordeaux 2. Noon Cabernet Sauvignon with the want both red and white in the one bottle! for the Christmas table, and what would Right Bank blend from the Wallcliffe Precinct ham/turkey, or a good Australian tokay/ The winemakers here push the limits of you serve it with? of Margaret River (same region as Leeuwin muscat with the pudding. Brett Heading the varieties with excellent results. Classic 3. If you were down to your last $30 at Estate, Voyager Estate, Cape Mentelle). southern French style rosé, bone dry with Christmas, what wine would you buy? 3. Rockford Alicante Bouchet Rose – (PARTNER, JONES DAY, AND CHAIRMAN, 4. I’d thoroughly enjoy a 2014 Home Hill delicious earthy characteristics and hints my wife’s favourite! CLOVELY ESTATE, SOUTH BURNETT) 4. Imagine you are spending New Year’s Day Kelly’s Reserve Pinot Noir. Smashingly of red fruits from the pinot noir. A delicate on Lady Elliot Island and you can only take balance of both red and white wine is what 4. Giaconda Chardonnay – perfect for delicious with dark berries and savoury notes, 1. Arras Grand Vintage 2008 – A wine one bottle with you on the plane to enjoy every good rosé should display. an island lunch. it’s a Tassie pinot masterclass from the Huon of outstanding quality, enriched by the there, what would it be and why? Valley. Worth hunting down – a well-deserved great complexity of character that follows Jimmy Watson trophy winner, with a boot full seven years of tirage. The Arras Grand of other trophies. Lucy Bretherton Vintage retains freshness and longevity with exceptional balance and a rich, full-bodied (COUNSEL, ASHURST) taste. Simply the greatest sparkling wine from the greatest sparkling producer in Australia. 1. Champagne is the only drink of celebration. In fact every time you open a Or: bottle of champagne, it’s a celebration! Clovely Estate 2013 Blanc de Blanc – If you look hard enough, you should be able Like a phoenix rising from the ashes, the Ian Bloemendal to find non-vintage champagne from many 2013 chardonnay was a blessing in the year Matthew Dunn of the major champagne houses for under of the big floods. Secondary fermentation (PARTNER, CLAYTON UTZ) $80 a bottle. It’s very hard to go past Louis in bottle and then left in peace for six years (WINE WRITER 3RD CLASS, PROCTOR) Roederer Brut Premier or Pol Roger Brut before disgorging in September 2019. The 1. Primo Estate Joseph Sparkling Red Bruce Humphrys 1. Lubiana Grand Vintage 2009 (Tasmania) Champagne NV. For a bargain (around fine acidity will have the taste buds looking – released every two years, it is opulent but (MANAGING PARTNER, $59), you can’t beat Canard-Duchene for more and the wine delivers with classic 2. Current release Hunter Semillon not too sweet, and different to every other HOPGOODGANIM LAWYERS) Cuvee Leonie Brut NV. chardonnay flavours and notes of toasty and fresh large ocean king prawns or sparkling red wine on the market. Made from brioche and gentle complexity. Freycinet Vineyard Pinot Noir and 2. Lallier Rose Grand Cru NV (at around shiraz, cabernet, merlot and “select bottles At this time of year I tend to get a little BBQ lamb backstrap. of ancient Australian red”. As the back label nostalgic with my wine selections and am $77) is the perfect accompaniment for a 3. Cirillo Vincent Grenache, the little brother says: “Don’t ask any questions, the answer inclined to pick things that serve my memory traditional roast turkey Christmas dinner or to the 1850 vines but bang on for value. is in the bottle.” with a deal of happiness: even turducken. For a seafood Christmas, I recommend a blanc de blancs champagne 4. Nicolas Carmarans Mauvais Temps 1. Charles Melton Sparkling Shiraz from Averyon, the most obscure but singular 2. Andrew Thomas Braemore Semillon – and ‘alive’ wine experience I have ever had. oysters and shellfish. 3. Pepper Jack Shiraz 4. Perrier Jouet Belle Epoque – because you need nothing else.

Matthew Dunn is Queensland Law Society Policy, Public Affairs and Governance General Manager.

PROCTOR | December 2019 53 CROSSWORD SUBURBAN COWBOY Mould’s maze Anniversary at the day hospital BY JOHN-PAUL MOULD, BARRISTER AND CIVIL MARRIAGE CELEBRANT | JPMOULD.COM.AU My procedures, from one end to the other

BY SHANE BUDDEN Across 1 2 3 4 5 6 1 Demit. (Two words) (9) 4 Spending time with a child, as opposed In the first 51 years of my life, I had Many of my friends report similar stories, and So on our 20th wedding anniversary, my wife to having residence. (Archaic) (7) 7 8 9 we have noticed that the more unpleasant whisked me off to a romantic day hospital, 7 Contracting party. (8) no operations, unless you count the preparation for the operation is, the where the staff prepared me by peppering 10 11 12 10 Prison. (US; jargon) (8) the time I had a discoloured patch keener the doctors are. This also makes me me with questions (“You’ve never had a suspicious, as very often the preparation colonoscopy? Really? Truly?”). They also 13 Lawyer whose methods are petty, 13 14 of skin on my lip removed; it wasn’t underhanded or disreputable. (11) for the operation tends to resemble a weird confirmed that I had prepared properly by 15 16 my idea. hazing initiation like they have for admission drinking Glycoprep until it came out my ears. 16 Bachelor of Laws. (Abbr.) (3) to college fraternities in the United States. Glycoprep is a special drink that prepares 17 Convert into cash. (7) 17 My then-girlfriend convinced me to do it, “Well,” the doctor will say, “we need you to you for the operation, and is made by adding and I would like to note that I underwent 18 Without bail or escaped from custody, eat nothing but raw sardines for a day, then about 6000 teaspoons of salt to a truckload 18 19 the procedure based on the sound medical at ...... (5) fast for 24 hours after drinking a bottle of of Gatorade and then straining it through arguments she advanced, but that would be 19 Spending time with a child, as opposed warm vinegar; then you have to stand on unwashed running socks. At least, that is a lie. I did it because she was very attractive. to having custody. (Archaic) (6) your head for 20 minutes while I poke you what it tasted like to me. 20 The same young lady also convinced me to with this stick.” It goes without saying that 20 A ...... debt is an amount accepted as The good news is that it turned out there watch (or at least take pains to appear to this abuse does not come for free. owed by a bankruptcy trustee to a creditor was nothing wrong, and on the plus side I watch) Steel Magnolias. That’s how attractive for proportional payment from available I wonder if the doctors sit around making believe my doctor now has enough hospital funds. (8) she was. 22 23 24 25 these things up, and whether they can barely points to get a new toaster, so it’s all for the 21 Victorian equivalent of the Motor Accident Actually, the lip operation didn’t turn out too keep a straight face as they instruct us before good. The serious side of the story is that Insurance Commission. (Abbr.) (3) 26 badly, apart from the fact that the needle for rushing down to a special doctor bar and had there been a problem, it could have been 22 Accused’s family or social background, the local anaesthetic puncturing my lip was shrieking, “You’ll never believe what I got easily fixed by being detected early – so in 27 usually mentioned at the commencement the most painful thing I have experienced this this one to do!” all seriousness those screenings your doctor side of listening to Julia Gillard speak. Plus of a criminal sentence. (11) On a seemingly unrelated note, the relevance wants you to do are worth it, even if they are my lip swelled up to a shape and size that 25 Sir ..... Fielding Dickens KC was the eighth of which will be illuminated later in this column, a pain in the backside (Har! See what I did would have allowed me to be the understudy son of Charles Dickens and a Common 29 my wife and I celebrated our 20th wedding there? No wonder I write a humour column!). for the lead in The Elephant Man. Also, we Serjeant of the Old Bailey from 1917 to anniversary on 25 September this year. I should now say a word or two about our 30 broke up not long after that, and I guess it is 1932. (5) outgoing QLS President, Bill Potts, speaking entirely possible that the two events are not Anyway, at one check-up it came to my 28 A ...... penalty order compels an offender of pains in the backside (I am on fire today!). 31 unrelated (my girlfriend and I broke up that is; doctor’s attention that I had not had a convicted of a Commonwealth indictable In all seriousness, I want to thank Bill for not the Elephant Man and I). colonoscopy, ever. This is the medical offence to pay money for benefits derived 32 33 system’s equivalent of telling someone his hard work over the last year. He has led from the offence, often accompanying a However, I digress, and return to the point you haven’t seen Star Wars (NB: I use the the profession with courage, courtesy and forfeiture order. (9) which was (as far as I can recall) having comparison as a humour device only; not collegiality. I have enjoyed working with Bill, operations. Having compared notes with 29 An opinion given by the Australian Taxation having seen Star Wars is clearly far worse partly because he is a great president but 3 Originally called. (3) 22 Insurance agent employed to evaluate liability many of my friends who are now entering Office to an individual taxpayer, private ...... (6) than pretty much anything else, and if you mostly because he is great bloke and a great for and quantum of a claim, loss ...... (8) that phase QLS likes to refer to as ‘Pinnacle 30 Deny or contradict a fact or statement. (7) 5 A beginner, apprentice or trainee. (4) haven’t, you need to see it as soon as you friend. Appreciate your friendship and support 23 Silk awarded an AM for services to surf Practitioners’ because it sounds a lot 6 Corporeal. (8) finish reading this vital column). Mr President, good luck on the next challenge! 31 Recent High Court decision which confirmed lifesaving and the law, Ralph ...... (6) better than ‘dinosaurs’, I have come to the a debtor may invoke by way of defence the 7 Lying or speaking evasively. (13) 24 Persian death sentence involving tying a conclusion that doctors have a quota system. My doctor quickly arranged for a shorter of any limitation period applicable: colonoscopy, and – now here is where the 8 The District Court and Magistrates defendant in two facting boats and smearing By that, I mean that they feel that, by a BCC v ..... (4) wedding anniversary becomes relevant – Court are ‘...... ’ courts of record. (8) their hands, feet and head with honey certain age, a person should have had a 32 Agreement by which a person assents to decided that 25 September was definitely 9 Condition precedent. (9) to attract insects. (Archaic) (8) number of operations, possibly so that their relinquish a claim or right against another, the day. Those wedding planners amongst 26 Outstanding instalments of debt. (7) doctors can collect loyalty points with various usually in exchange for compensation. (7) 11 Seeking to influence or incite my readership – a significant demographic hospitals and specialists, perhaps thereby to unlawful action. (10) 27 Security interest of a mechanic. (4) for me, I am sure – will not be surprised, as 33 Confirm genuineness of a document or earning a time-share holiday. Of late, my bear witness that someone actually signed 29 TV series in which Richard Roxburgh plays this is quite traditional – the 15th anniversary 12 Official seat of the Lord Chancellor doctor fairly regularly says things like: “Hey! a document. (6) the role of barrister Cleaver Greene. (4) is crystal, the 25th is silver, and the 20th (in a in the House of Lords, the ...... (8) Looking at your file, it turns out we haven’t tradition started by Queen Elizabeth I, if I am 14 Concept by which general damages in done the one where we remove a tiny portion not mistaken) is Glycoprep. Down defamation are increased, especially in of your pancreas once a week for three 1 Stamp affixed to a court document. (4) publications involving social media, the months and see if it grows back!” ‘...... ’ effect. (9) 2 Supposed right of a feudal lord to have sexual relations with the bride of a vassal on their 15 A court will ..... an appeal when the wedding day, ..... du seigneur. (French) (5) appellant succeeds. (5) Solution on page 56 © Shane Budden 2019. Shane Budden is a Queensland Law Society ethics solicitor.

54 PROCTOR | December 2019 PROCTOR | December 2019 55 DLA presidents QLS Senior District aw ssociations Ds are essential to regional QLS development o the legal proession lease contact our Counsellors relevant D resident with an ueries ou have or or contacts Senior Counsellors are availale to provide confi dental inormation on local activities and how ou can help raise Your advice to Queensland aw Societ memers on an the profi le o the proession and uild our usiness proessional or ethical prolem he ma act or a solicitor in an suseuent proceedings and are availale Bundaberg Law Association Edwina Rowan Queensland Law Society to give career advice to unior practitioners Charltons Lawyers 1300 367 757 PO Box 518, Bundaberg QLD 4670 Brisbane Deborah Awyzio 07 3238 5900 p 07 4152 2311 f 07 4152 0848 [email protected] partner in Ethics centre Central Queensland Law Association Samantha Legrady Suzanne Cleary 07 3259 7000 ATSI Legal Service (QLD) Ltd 07 3842 5843 Martin Conroy 0410 554 215 PO Box 894 Rockhampton Qld 4700 p 07 4927 5711 [email protected] LawCare Glen Cranny 07 3361 0222 Downs & South West Queensland Guy Dunstan 07 3369 9050 District Law Association Sarah-Jane MacDonald 1800 177 743 health and MacDonald Law Peter Eardley 07 3238 8700 PO Box 1639, Toowoomba QLD 4350 Lexon Glenn Ferguson AM 07 3035 4000 p 07 4638 9433 f 07 4638 9488 [email protected] 07 3007 1266 George Fox 07 3160 7779 Far North Queensland Law Association Dylan Carey O’Connor Law Room bookings Peter Jolly 07 3231 8888 PO Box 5912, Cairns Qld 4870 wellbeing p 07 4031 1211 f 07 4031 1255 [email protected] 07 3842 5962 Peter Kenny 07 3231 8888 Fraser Coast Law Association John Willett Dr Jeff Mann 0434 603 422 John Willett Lawyers Justin McDonnell 07 3244 8000 As a QLS member you have exclusive 134 Wharf Street, Maryborough Qld 4650 p 07 4191 6470 [email protected] Wendy Miller 07 3837 5500 access to LawCare, a personal and

Gladstone Law Association Paul Kelly Terence O'Gorman AM 07 3034 0000 Gladstone Legal professional support service. It’s PO Box 5253, Gladstone Qld 4680 Ross Perrett 07 3292 7000 designed to support your entire p 07 4972 9684 [email protected] Interest Bill Potts 07 3221 4999 Gold Coast District Law Association Mia Behlau journey to work/life balance. Stone Group Lawyers % rates Bill Purcell 07 3001 2999 PO Box 145, Southport Qld 4215 Elizabeth Shearer 07 3236 3000 p 07 5635 0180 f 07 5532 4053 [email protected] Rob Stevenson 07 3831 0333 It’s yours to use Gympie Law Association Kate Roberts nterest rates are no longer CastleGate Law, 2-4 Nash Street, Gympie Qld 457 Dr Matthew Turnour 07 3837 3600 p 07 5480 6200 f 07 5480 6299 [email protected] pulished in roctor lease Phillip Ware 07 3228 4333 Ipswich & District Law Association Peter Wilkinson visit the QS wesite to view McNamara & Associates Belinda Winter 07 3231 2498 PO Box 359, Ipswich Qld 4305 each month’s updated rates p 07 3816 9555 f 07 3816 9500 [email protected] Redcliffe Gary Hutchinson 07 3284 9433 qls.com.au/interestrates Logan and Scenic Rim Law Association Michele Davis Gold Coast Ross Lee 07 5518 7777 Wilson Lawyers, PO Box 1757, Coorparoo Qld 4151 Christine Smyth 07 5576 9999 p 07 3392 0099 f 07 3217 4679 [email protected] Direct ueries can also e sent Mackay District Law Association Catherine Luck to interestrateslscomau Toowoomba Stephen Rees 07 4632 8484 [email protected] Thomas Sullivan 07 4632 9822 Moreton Bay Law Association Hayley Suthers-Crowhurst Chinchilla Michele Sheehan 07 4662 8066 Maurice Blackburn PO Box 179, Caboolture Qld 4510 Sunshine Coast Pippa Colman 07 5458 9000 p 07 3014 5044 f 07 3236 1966 [email protected] Michael Beirne 07 5479 1500 North Brisbane Lawyers’ Association John (A.J.) Whitehouse Nambour Mark Bray 07 5441 1400 Pender & Whitehouse Solicitors Bundaberg Anthony Ryan 07 4132 8900 PO Box 138 Alderley Qld 4051 Crossword p 07 3356 6589 f 07 3356 7214 [email protected] solution Gladstone Bernadette Le Grand 0407 129 611 North Queensland Law Association Michael Murray Chris Trevor 07 4976 1800 Townsville Community Legal Service Inc. PO Box 807 Townsville Qld 4810 Rockhampton Vicki Jackson 07 4936 9100 p 07 4721 5511 f 07 4721 5499 [email protected] From page 54 Paula Phelan 07 4921 0389 Externally North West Law Association Jennifer Jones provided by LA Evans Solicitor, PO Box 311 Mount Isa Qld 4825 Across: 1 Stand down, 4 Contact, Mackay Brad Shanahan 07 4963 2000 p 07 4743 2866 f 07 4743 2076 [email protected] 7 Promisee, 10 Hoosegow, Cannonvale John Ryan 07 4948 7000 South Burnett Law Association Thomas Carr 13 Pettifogger, 16 LLB, 17 Realise, Townsville Chris Bowrey 07 4760 0100 KF Solicitors 18 Large, 19 Access, 20 Provable, PO Box 320, Kingaroy Qld 4610 Peter Elliott 07 4772 3655 p 07 4162 2599 [email protected] 21 TAC, 22 Antecedents, 25 Henry, Lucia Taylor 07 4721 3499 Sunshine Coast Law Association Samantha Bolton 28 Pecuniary, 29 Ruling, 30 Gainsay, CNG Law, Kon-Tiki Business Centre, Tower 1, 31 Amos, 32 Release, 33 Attest. Cairns Russell Beer 07 4030 0600 Level 2, Tenancy T1.214, Maroochydore Qld 4558 p 07 5406 0545 f 07 5406 0548 [email protected] Anne English 07 4091 5388 Down: 1 Seal, 2 Droit, 3 Nee, 5 Tyro, John Hayward 07 4046 1111 Southern District Law Association Bryan Mitchell 6 Tangible, 7 Prevarication, 8 Inferior, Mitchells Solicitors & Business Advisors Mark Peters 07 4051 5154 For 24hr confidential information and appointments PO Box 95 Moorooka Qld 4105 9 Threshold, 11 Soliciting, 12 Woolsack, p 07 3373 3633 f 07 3426 5151 [email protected] 14 Grapevine, 15 Allow, 22 Adjuster, Jim Reaston 07 4031 1044

Townsville District Law Association Mark Fenlon 23 Devlin, 24 Scaphism, 26 Arrears, Garth Smith 07 4051 5611 1800 177 743 PO Box 1025 Townsville Qld 4810 27 Lien, 29 Rake. p 07 4759 9686 f 07 4724 4363 [email protected] Mareeba Peter Apel 07 4092 2522 qls.com.au/lawcare It’s yours to use LC_P1912FP 56 PROCTOR | December 2019 PROCTOR DECEMBER 2019 | Human Rights Find out more visit leap.com.au/2xFind out more Innovation is at the heart of what we do. at the heart is do. what we of Innovation practice software management the in world. We work hard to continually provide the best provide continually to hard work We or call 1300 call or 886 243 for a free demonstration