Proctor, December 2019
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PROCTOR DECEMBER 2 019 | Human RightsHuman 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 i Why we must be climate conscious l w 10 On the interweb 56 Directory r t r s d Talk to us about support and solutions for your team. u s 42 High Court and 12 In camera 2 csi 0 n Federal Court casenotes 19 io s p 1300 096 216 [email protected] lawinorder.com e m 16 Professional development rvice ch 44 Family law 18 Diary dates Non-compliance with s60I derails application BRISBANE • SYDNEY • MELBOURNE • PERTH • SINGAPORE • HONG KONG • INDIA 19 Career moves Open over Christmas and New Year. Supporting you 24/7 – 365 days a year. Vol. 39 No. 11 | ISSN 1321-8794 PRESIDENT’S REPORT 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.