Legal Review SPECIAL REPORT Legal review

FEATURE

LEADERS: Chief operating officer Michael Harper (left), founder Martin Bennett, and managing principal Nathan Ebbs are directors of fast-growing Bennett + Co. Photo: Gabriel Oliveira Major shift in rankings There has been a significant re-ranking of law firms in over the past year, while the sector is also adapting to the impact of COVID-19 restrictions.

state, up from 11th last year, according to WA’s Largest Law Firms the BNiQ database. The biggest contributor to this growth FIRM PARTNERS LEGAL STAFF was its acquisition last August of boutique Herbert Smith Freehills 22 131 corporate law firm Bellanhouse Lawyers. HWL Ebsworth Perth partner Mitch HWL Ebsworth Lawyers 24 93 Artus said the firm had achieved organic MinterEllison 16 92 growth in most practice areas, including construction, general insurance, litiga- Clayton Utz 14 90 tion, finance and property. Jackson McDonald 26 87 Mark Beyer Mr Artus, who is also national chair - [email protected] King & Wood Mallesons 14 78 man, has led the firm during a period @AMarkBeyer when it has become the largest legal part- Lavan 26 75 10-PAGE FEATURE nership in . Ashurst 15 67 ATIONAL firm HWL Ebsworth “It’s been an exciting time,” Mr Artus Lawyers and local practice Ben- told Business News. Allens 11 66 N nett + Co were the big movers “The growth hasn’t happened by acci- Corrs Chambers Westgarth 13 66 in Business News’s latest ranking of law dent; we’ve been quite strategic and we’re firms in Western Australia. not done yet.” Source: They were among several firms to defy HWL Ebsworth positions itself as a legal .com.au flat business conditions and achieve sub- market disrupter, though pinning down See page 28 for more details stantial growth over the past 12 months. its point of difference is not easy. Other firms to expand included “It’s a whole bunch of things,” Mr Artus “We run our business financially like a It was also stepping up its graduate pro- Squire Patton Boggs, Hall & Wilcox, and said. lot of our clients do; we invest astutely and gram. HWL has taken on 11 graduates in MinterEllison. “We work closely together in our prac- everybody is pulling their weight.” Perth this year, up from seven last year, With 24 partners and 93 legal profes- tice groups nationally. We have a lot of Mr Artus said the firm would continue and Mr Artus expects about 15 next year. sionals in Perth, HWL Ebsworth has like-minded people [and] we are disci- looking for lateral hires that suited its Meanwhile, Bennett + Co has grown to become the second largest law firm in the plined in our management. culture. be Perth’s 14th largest law firm, with the

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PB | u u | PB FEATURE

Managing principal Nathan Ebbs said Legal review this broader capability would not change the firm’s focus. “We will always be a litigation-based firm, always,” he said. Market share FEATURE Bennett + Co has recently completed exhaustive research to document its suc- cess in civil litigation. Since 2011, when Mr Bennett left Lavan to re-establish his own practice, his firm has been involved in 312 reported Supreme Court of WA decisions (see pie chart, page 23). The analysis does not distinguish wins and losses. That was 16 per cent of the total civil cases, well ahead of competitors such as Lavan (8 per cent), Jackson McDonald (7 per cent), and Solomon Brothers (7 per cent). In Court of Appeal decisions over the same period, Bennett + Co represented parties in 57 cases, or 12 per cent of the total. That put it on par with Lavan and just ahead of Jackson McDonald. This analysis is based on number of SQUEAKY WHEEL: Mitch Artus says HWL Ebsworth considers itself a LEADERS: Chief operating officer Michael Harper (left), founder Martin Bennett, and managing principal Nathan Ebbs are directors of fast-growing Bennett + Co. Photo: Gabriel Oliveira cases and highlights the profile of Perth- disrupter in the legal sector. Photo: Attila Csaszar based law firms, which occupy the top six spots on the list. number of legal staff increasing over the If the analysis was based on value, the MinterEllison, which has consolidated performance in recent months, like most past year from 34 to 51. big national and international firms such its position as one of WA’s largest law of its peers. Martin Bennett, widely regarded as one as Clayton Utz and Herbert Smith Free- firms over the past year, has had a patchy Continued on page 22 Major shift in law firm rankings of Perth’s leading counsel, heads the firm. hills may rank much higher. Aged in his mid 60s, Mr Bennett doesn’t Herbert Smith Freehills continues to be like talk of retirement. ranked the largest law firm in WA, with There has been a significant re-ranking of law firms in Perth over the past year, “I don’t envisage winding back,” he said. 22 partners and 131 legal professionals, Nonetheless, he is focused on building according to BNiQ. while the sector is also adapting to the impact of COVID-19 restrictions. capability so the firm is not reliant on Managing partner Tony Joyner sees the him. long-term positives for WA outweighing TRUSTED SINCE 1919® “We’re trying to deal with it, not as a issues caused by COVID-19. state, up from 11th last year, according to WA’s Largest Law Firms brand attributable to me but as a process “While the virus slowed things down, the BNiQ database. we teach, of how to approach major litiga- and there’s more global angst to come, in HHG Legal Group is a full-service, Western Australian law firm that The biggest contributor to this growth FIRM PARTNERS LEGAL STAFF tion,” Mr Bennett said. due course things will speed up again, so has been proudly serving families, businesses and individuals for was its acquisition last August of boutique He drew the analogy of running a the direction is the same,” Mr Joyner said. Herbert Smith Freehills 22 131 over 100 years. corporate law firm Bellanhouse Lawyers. Michelin-star restaurant. “We continue to back WA growth, not- HWL Ebsworth Perth partner Mitch HWL Ebsworth Lawyers 24 93 “The chef doesn’t cook everything, withstanding some sluggishness over the We are committed to delivering quality legal representation and Artus said the firm had achieved organic MinterEllison 16 92 doesn’t lay the tables, doesn’t wash the last few years.” advice, combined with seamless collaboration between our Perth, growth in most practice areas, including dishes,” Mr Bennett said. He said a key driver would be investment Albany, Mandurah and Joondalup teams. This ensures our clients Clayton Utz 14 90 construction, general insurance, litiga- “Everybody has a role to create the end in infrastructure and resources projects. receive the right expertise, regardless of which office they visit. tion, finance and property. Jackson McDonald 26 87 product. “We’re also seeing more and more dis - Mark Beyer Mr Artus, who is also national chair - “You need to teach that methodology so ruption, especially digital disruption, [email protected] King & Wood Mallesons 14 78 man, has led the firm during a period it is applied across the board.” particularly in sectors like mining and OUR BUSINESS & PRIVATE CLIENT SERVICE AREAS @AMarkBeyer when it has become the largest legal part- Lavan 26 75 Mr Bennett, who is a tall man with a energy,” Mr Joyner said. • CORPORATE & COMMERCIAL • WORKPLACE RELATIONS 10-PAGE FEATURE nership in Australia. booming voice, said staff development “They are investing in a digital future, Ashurst 15 67 • FAMILY & DE FACTO • BUSINESS SUCCESSION ATIONAL firm HWL Ebsworth “It’s been an exciting time,” Mr Artus included teaching advocacy in a gen - and we are too.” • PROPERTY & LEASING • BUILDING & CONSTRUCTION Lawyers and local practice Ben- told Business News. Allens 11 66 der-specific manner HSF recently established a digital law • DISPUTE RESOLUTION & LITIGATION • LOCAL GOVERNMENT nett + Co were the big movers “The growth hasn’t happened by acci- Corrs Chambers Westgarth 13 66 “If you can’t dominate physically, you group, a global team of specialist lawyers N WILLS & ESTATE PLANNING CRIMINAL & TRAFFIC in Business News’s latest ranking of law dent; we’ve been quite strategic and we’re dominate through precision and prepara- designed to advise clients on legal issues • • firms in Western Australia. not done yet.” Source: tion, it’s the detail that will enable you to arising out of digitisation, including smart They were among several firms to defy HWL Ebsworth positions itself as a legal .com.au succeed,” he said. legal contracts. flat business conditions and achieve sub- market disrupter, though pinning down See page 28 for more details Bennett + Co has been boosted by a “We know that digital is a top priority hhg.com.au stantial growth over the past 12 months. its point of difference is not easy. number of experienced lateral hires, of 90 per cent of chief executives, and a Other firms to expand included “It’s a whole bunch of things,” Mr Artus “We run our business financially like a It was also stepping up its graduate pro- including David Stewart, Thaw Thaw driver for the digital law group going Squire Patton Boggs, Hall & Wilcox, and said. lot of our clients do; we invest astutely and gram. HWL has taken on 11 graduates in Htin, and Colette Davies. forward is to develop the digital law solu- MinterEllison. “We work closely together in our prac- everybody is pulling their weight.” Perth this year, up from seven last year, New hires have helped the firm build tions and products that will help deepen With 24 partners and 93 legal profes- tice groups nationally. We have a lot of Mr Artus said the firm would continue and Mr Artus expects about 15 next year. capability in areas such as intellec - digital resilience in business and become sionals in Perth, HWL Ebsworth has like-minded people [and] we are disci- looking for lateral hires that suited its Meanwhile, Bennett + Co has grown to tual property, leasing, corporate, and the industry standards of tomorrow,” Mr become the second largest law firm in the plined in our management. culture. be Perth’s 14th largest law firm, with the regulation. Joyner said. HQ: Level 8 Cloisters, 863 Hay Street, Perth WA 6000 | 1800 609 945

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PB | u u | PB FEATURE LEGAL REVIEW COVID fallout leads to major shift in law firm rankings

Fortunately, courts and litigators were already relatively well placed in terms of use of

technology in court process - Nick Cooper

While smaller clients were “Given the environment, I’d able to adapt quickly to issues say banking, tax, real estate, and around COVID-19, larger firms corporate are quieter,” Mr Cooper found it harder to change. said. Ms Reid said many clients had “We’ve seen a bit of capital been hoping to springboard into markets activity, notwithstand- the recovery, but were recognis- ing market sentiment.” ing there would be lots of hard He said the court system has grind. operated effectively through Her experience was that most COVID-19. clients were across COVID-19 “Fortunately, courts and liti- issues and were now swinging gators were already relatively back to longer-term issues, such well placed in terms of use of as dealing with modern awards technology in court process,” Mr and enterprise agreements. Cooper said. Clayton Utz partner in charge “Online filing of court docu- Nick Cooper said the size and ments has been in place for some diversity of his firm’s prac - time in the WA Supreme Court tice had helped it weather the and Federal Court. DIGITAL: Nick Cooper says the courts have adapted quickly to a more digital environ- COVID-19 disruption. “Telephone and videoconfer- Workplace relations, employ- encing were already in use for Photo: Attila Csaszar ment. ment and safety, planning and some hearings. environment, and insolvency “That said, courts have From page 21 disputes, insurance, and regula- largest workplace practices in had remained busy, along with adapted quickly to a more digital tion were also up. WA, and partner Kathy Reid said pockets of litigation. environment. Managing partner Matthew Areas that had declined the past few months had been a He said the government, major “Case management and Knox said government work, include mergers and acqui - busy time. projects and construction had non-contentious hearings have along with energy and resources, sitions, private equity, and “A lot of clients needed to been extremely busy, as gov- moved online, taking place either had proved resilient. property. rethink their business models,” ernments sought to invest in by phone or videoconference, Service lines such as workplace MinterEllison has one of the Ms Reid said. infrastructure. ensuring that, where possible,

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Mr Chong said the response to diversification had become more WA Supreme Court civil decisions COVID-19 was a mixed bag. obvious in recent months. Jan 2011 to Dec 2019 “The immediate weeks after This included its regional pres- the restrictions were imposed ence, with four offices linked to saw many teams swamped as Perth-based specialists. LAW FIRM NUMBER % OF TOTAL clients sought urgent advice Mr Creek said most practice Bennett + Co 312 16% on their contractual rights areas had continued to be busy, Lavan 151 8% under leases, employment including employment, commer- All others Jackson McDonald 148 7% agreements, and in relation to cial litigation, wills and estate Solomon Brothers 139 7% procurement and delivery of planning. Bennett + Co services,” he said. “Property, commercial and all Tottle Partners 119 6% MinterEllison “Other areas, such as M&A and things development have been Lavan Hotchkin Hanly 116 6% some development projects, have very quiet, but that was to be King & Wood Mallesons Clayton Utz 96 5% been paused due to the uncer- expected,” he said. Jackson McDonald Corrs Chambers Westgarth 91 5% tainty of the market. Jackson McDonald partner “Our corporate teams instead Elizabeth Tylich said her firm Allens Solomon Brothers Herbert Smith Freehills 87 5% have been busy assisting cli - had also had a mixed experience, Tottle Partners DLA Piper Hotchkin Hanly DLA Piper 79 4% ents to restructure and to with employment, insurance and Allens 76 4% arrange refinancing or other OSH proving resilient. King & Wood Mallesons 75 4% arrangements.” “In terms of litigation and Herbert Smith Freehills Mr Chong said recent trade court appearances, reasonably Clayton Utz MinterEllison 72 4% disputes had led to more client quickly the courts adopted elec- Corrs Chambers Westgarth All others 19% queries. tronic solutions,” she said. “We are already seeing a rise in “Obviously, due to restrictions Source: Bennett + Co trade law work,” he said. we saw a decline in matters “Likewise, our energy team within the tourism and hospi- major pieces of litigation can Chong, who joined the firm two “We have always faced north and our commodities and ship- tality sector.” move forward efficiently.” years ago, said there had not to Asia when seeking opportuni- ping group are struggling to Ms Tylich cautioned that the International law firm Squire been a shift in strategy. ties to grow and diversify the WA keep up with the workload as full impact of COVID-19 was yet Patton Boggs has achieved sub- “What you are seeing over the business.” supply chain issues have knock to play out. stantial growth over the past past year is the fruition of our Multiple recruits in areas as on impacts around the world.” “We believe that the major year, with 54 legal professionals strategy, doubling the partner- diverse as shipping, commodi- HHG Legal Group execu - impact on the economy of in its local practice. ship size in Perth over the last 12 ties, energy and real estate had tive chairman Simon Creek COVID-19 is in front of us, not Managing partner Tony to 18 months,” he said. boosted the firm. said the strength of his firm’s behind us,” she said.

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P: (08) 9324 8600 E: [email protected] W: lawsocietywa.asn.au | 23 FEATURE LEGAL REVIEW Remote work set to stay Perth law firms say flexible working arrangements will be more common after their experience of the past two months.

WORKING OUT: Tony Joyner is in no rush to dust off his suits and resume commuting to the city.

Mark Beyer Mr Joyner said the new way of 70 per cent wanted to split their The firm leased two floors [email protected] work was much more than just time equally, or work remotely in when it moved to 240 St Georges @AMarkBeyer ‘working from home’ and video the main. % Terrace late last year, which gave TONY Joyner’s home office is a conferencing. A Clayton Utz survey also it room to grow and meant there far cry from what most people “We’re seeing collaborative found many staff were keen to MINTERELLISON20 STAFF was plenty of space for current would expect from the manag- technology being used more and work from home more regu- staff. ing partner of Perth’s largest law more, and more comfortably and larly, though partner in charge ALLOWED IN THE HWL’s preference for offices firm. usefully,” he said. Nick Cooper said it was diffi - OFFICE AT A TIME rather than open plan also made For the past two months, the “Like a lot of things, COVID-19 cult to generalise about future it easier to safely accommodate Herbert Smith Freehills partner has sped up what was already arrangements. cent of our people in the office,” staff. has been working from the spare happening.” “We’re more focused on indi- Mr Knox told Business News. Squire Patton Boggs manag - bedroom of his family home, This was a common theme viduals and teams having HHG Legal Group started ing partner Tony Chong said and he loves the informality and across the industry: firms conversations around how they’d moving back to the office about remote and flexible work prac - convenience. already had the technology in like to work, and what will work three weeks ago, before most tices would continue, but so A survey by Business News has place and many said they had a best for the business and clients,” firms, perhaps helped by the lure would a centralised gathering found at least 90 per cent of staff culture of flexible work. he said. of new premises in the CBD. place. at most of Perth’s law firms have Despite the shift in work prac- Mr Cooper anticipates a mix of “It looks like most staff are “Humans are social creatures, been working from home, and tices, however, most firms have work styles in future. enjoying being back in the and for most of us there is an many plan to continue. started their phased return to “Flexible working is great, and offices,” executive chair Simon energy and creativity we get “In reality, our work is quite the office. so is being able to see your team Creek said. from working with others,” he suited to working from home MinterEllison allows just 20 and clients face to face. That con- “I think the social aspect of said. and we have been set up to do it per cent of staff in the Perth nection will still be important,” work has been missed the most.” “Replicating that collaborative for several years,” Mr Joyner told office at any one time and will he said. HWL Ebsworth Lawyers environment via technology is Business News. shortly move to 40 per cent. MinterEllison managing part- was one firm that maintained not yet a realistic alternative. “It’s one of the reasons our Similarly, Clayton Utz allows ner WA Matthew Knox said the a large presence in its CBD “The other point I would make move out of the office a couple just 30 per cent of staff into the return to the city office would office throughout the COVID-19 is that we need to be back ‘at of months ago has gone so well.” office. be driven by client and busi - shutdown. work’ to restore business confi- “What this period has shown is Jackson McDonald and Squire ness needs, but also by staff About 40 per cent of its staff dence, consumer optimism, and just how well it can work, espe - Patton Boggs have moved faster, preference. stayed in the office and it is a return to growth. cially to the doubters, so I have rotating staff so that half can be He admits to being unsure already back to nearly 80 per cent. “We need to do it as safely as no doubt that working from in the office. what the future will look like. Partner Mitch Artus said we can, but ultimately, we need home will play a bigger part in Looking ahead, a Jackson “It’s hard to say, but in six there were two reasons why this to get back to business as close our working lives for evermore.” McDonald staff survey found months we may only have 70 per stacked up. to normal as we can.”

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FEATURE LEGAL REVIEW Remote work set to stay Perth law firms say flexible working arrangements will be more common after their experience of the past two months.

WORKING OUT: Tony Joyner is in no rush to dust off his suits and resume commuting to the city.

Mark Beyer Mr Joyner said the new way of 70 per cent wanted to split their The firm leased two floors [email protected] work was much more than just time equally, or work remotely in when it moved to 240 St Georges @AMarkBeyer ‘working from home’ and video the main. % Terrace late last year, which gave TONY Joyner’s home office is a conferencing. A Clayton Utz survey also it room to grow and meant there far cry from what most people “We’re seeing collaborative found many staff were keen to MINTERELLISON20 STAFF was plenty of space for current would expect from the manag- technology being used more and work from home more regu- staff. ing partner of Perth’s largest law more, and more comfortably and larly, though partner in charge ALLOWED IN THE HWL’s preference for offices firm. usefully,” he said. Nick Cooper said it was diffi - OFFICE AT A TIME rather than open plan also made For the past two months, the “Like a lot of things, COVID-19 cult to generalise about future it easier to safely accommodate Herbert Smith Freehills partner has sped up what was already arrangements. cent of our people in the office,” staff. has been working from the spare happening.” “We’re more focused on indi- Mr Knox told Business News. Squire Patton Boggs manag - bedroom of his family home, This was a common theme viduals and teams having HHG Legal Group started ing partner Tony Chong said and he loves the informality and across the industry: firms conversations around how they’d moving back to the office about remote and flexible work prac - convenience. already had the technology in like to work, and what will work three weeks ago, before most tices would continue, but so A survey by Business News has place and many said they had a best for the business and clients,” firms, perhaps helped by the lure would a centralised gathering found at least 90 per cent of staff culture of flexible work. he said. of new premises in the CBD. place. at most of Perth’s law firms have Despite the shift in work prac- Mr Cooper anticipates a mix of “It looks like most staff are “Humans are social creatures, been working from home, and tices, however, most firms have work styles in future. enjoying being back in the and for most of us there is an many plan to continue. started their phased return to “Flexible working is great, and offices,” executive chair Simon energy and creativity we get “In reality, our work is quite the office. so is being able to see your team Creek said. from working with others,” he suited to working from home MinterEllison allows just 20 and clients face to face. That con- “I think the social aspect of said. and we have been set up to do it per cent of staff in the Perth nection will still be important,” work has been missed the most.” “Replicating that collaborative for several years,” Mr Joyner told office at any one time and will he said. HWL Ebsworth Lawyers environment via technology is Business News. shortly move to 40 per cent. MinterEllison managing part- was one firm that maintained not yet a realistic alternative. “It’s one of the reasons our Similarly, Clayton Utz allows ner WA Matthew Knox said the a large presence in its CBD “The other point I would make move out of the office a couple just 30 per cent of staff into the return to the city office would office throughout the COVID-19 is that we need to be back ‘at of months ago has gone so well.” office. be driven by client and busi - shutdown. work’ to restore business confi- “What this period has shown is Jackson McDonald and Squire ness needs, but also by staff About 40 per cent of its staff dence, consumer optimism, and just how well it can work, espe - Patton Boggs have moved faster, preference. stayed in the office and it is a return to growth. cially to the doubters, so I have rotating staff so that half can be He admits to being unsure already back to nearly 80 per cent. “We need to do it as safely as no doubt that working from in the office. what the future will look like. Partner Mitch Artus said we can, but ultimately, we need home will play a bigger part in Looking ahead, a Jackson “It’s hard to say, but in six there were two reasons why this to get back to business as close our working lives for evermore.” McDonald staff survey found months we may only have 70 per stacked up. to normal as we can.”

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PB | | PB FEATURE LEGAL REVIEW Litigation funders on the spot Are litigation funders a danger to the Australian economy or an important pillar that improves access to justice?

Mark Beyer last June when introducing the [email protected] Bill to parliament. @AMarkBeyer “This regime will not only WHEN Attorney General Chris- enhance access to justice by tian Porter announced an inquiry reducing the cost of court pro- into Australia’s class action ceedings to the individual and system early this month, he left improve the individual’s ability no doubt as to who he saw as the to access legal remedies, it will villains of the piece. enable court resources to be used Mr Porter claimed the litigation more efficiently.” funding industry was growing in This view is echoed by Perth size and making enormous prof- executive Andrew Saker, who its, leaving class action members runs ASX-listed Omni Bridgeway, to fight over the scraps once legal formerly called IMF Bentham fees and other costs were paid. and the biggest player in the lit- Treasurer Josh Frydenberg fol- igation-funding sector. lowed up a week later with new “This is an industry that has rules that will require litigation grown out of a need,” Mr Saker funders to hold an Australian told Business News. financial services licence, expos- “It provides access to justice for ing them to stricter transparency people who cannot make a claim and accountability measures. on their own.” Mr Frydenberg also cited con- Mr Saker supports improved cern over opportunistic class regulation of the sector. actions when he eased rules gov- “The industry does need regu- erning continuous disclosure by lation,” he said. company directors. “We see that as a step in the Business Council chief exec- legitimisation of the industry.” utive Jennifer Westacott used Omni Bridgeway welcomed similar language when she the new licensing rules and said endorsed the treasurer’s actions. it planned to reapply for an Aus- “Every dollar spent defend- tralian financial services licence ing against opportunistic class (AFSL) at the first opportunity. actions is a dollar that is not spent It held an AFSL until 2013, at on creating a new job or saving an which time it was required to existing one,” Ms Westacott said. hand it back following the exclu- RESET: Andrew Saker supports improved regulation of the sector. Ai Group has been more vocal sion of litigation funding from in its criticism. the licensing regime. “The recent explosion in class Omni wants any new licensing and now heads Investor Claim action claims by plaintiff law requirements to be extended to This is an industry that has Partner, is the association’s firms, typically backed by over- law firms that act as funders of chair. seas litigation funders, is a clear class actions, under ‘no win no fee’ grown out of a need - Andrew Saker Mr Walker said the launch and present danger to Australia’s arrangements. of another inquiry begged the fragile economy,” chief executive This would mostly affect firms Professor Morabito found the “We made really good money question as to why taxpayers Innes Willox said last year. such as Slater & Gordon and Mau- number of class actions filed in on some cases but really ordinary had incurred the cost of several “Investment and jobs are rice Blackburn. Australia jumped from 38 in the money on others,” Mr Saker said. recent reviews by the Productiv- threatened and business insur- Mr Saker accepts there has been 2016-2017 to 56 in 2017-18, and He has proposed a six-month ity Commission, the Victorian ance costs are going through the an increase in class action activ- rose again to 59 last financial moratorium on new class actions Law Reform Commission and roof.” ity, stemming in part from the year. associated with COVID-19. the Australian Law Reform Despite all this, the Western Financial Services Royal Commis- Omni is currently involved in The Association of Litigation Commission. Australian government is press- sion and multiple cases of wages 14 Australian class actions, five Funders of Australia (ALFA) is “ALFA is disappointed that ing ahead with moves to establish underpayment, but denies there of which are on behalf of share- also open to improved regulation, the federal government has not a legislative class action scheme has been an explosion of activity. holder groups. but has been more critical of Can- responded to these reports in any in this state. Monash University business Mr Saker also disputes claims berra’s approach. meaningful way before embark- “Class actions, at its heart, is an law professor Vince Morabito, the industry makes super profits, -based John Walker, ing on the parliamentary inquiry access to justice issue,” WA Attor- whose research Omni has part- saying it was necessary to look at who co-founded IMF Bentham and announcing the licensing ney General John Quigley said funded, supports Mr Saker’s view. a portfolio of cases. with Perth’s Hugh McLernon changes,” the association stated. 26 | | PB

PB | | PB FEATURE LEGAL REVIEW Litigation funders on the spot Are litigation funders a danger to the Australian economy or an important pillar that improves access to justice?

Mark Beyer last June when introducing the [email protected] Bill to parliament. @AMarkBeyer “This regime will not only WHEN Attorney General Chris- enhance access to justice by tian Porter announced an inquiry reducing the cost of court pro- into Australia’s class action ceedings to the individual and system early this month, he left improve the individual’s ability no doubt as to who he saw as the to access legal remedies, it will villains of the piece. enable court resources to be used Mr Porter claimed the litigation more efficiently.” funding industry was growing in This view is echoed by Perth size and making enormous prof- executive Andrew Saker, who its, leaving class action members runs ASX-listed Omni Bridgeway, to fight over the scraps once legal formerly called IMF Bentham fees and other costs were paid. and the biggest player in the lit- Treasurer Josh Frydenberg fol- igation-funding sector. lowed up a week later with new “This is an industry that has rules that will require litigation grown out of a need,” Mr Saker funders to hold an Australian told Business News. financial services licence, expos- “It provides access to justice for ing them to stricter transparency people who cannot make a claim and accountability measures. on their own.” Mr Frydenberg also cited con- Mr Saker supports improved cern over opportunistic class regulation of the sector. actions when he eased rules gov- “The industry does need regu- erning continuous disclosure by lation,” he said. company directors. “We see that as a step in the Business Council chief exec- legitimisation of the industry.” utive Jennifer Westacott used Omni Bridgeway welcomed similar language when she the new licensing rules and said endorsed the treasurer’s actions. it planned to reapply for an Aus- “Every dollar spent defend- tralian financial services licence ing against opportunistic class (AFSL) at the first opportunity. actions is a dollar that is not spent It held an AFSL until 2013, at on creating a new job or saving an which time it was required to existing one,” Ms Westacott said. hand it back following the exclu- RESET: Andrew Saker supports improved regulation of the sector. Ai Group has been more vocal sion of litigation funding from in its criticism. the licensing regime. “The recent explosion in class Omni wants any new licensing and now heads Investor Claim action claims by plaintiff law requirements to be extended to This is an industry that has Partner, is the association’s firms, typically backed by over- law firms that act as funders of chair. seas litigation funders, is a clear class actions, under ‘no win no fee’ grown out of a need - Andrew Saker Mr Walker said the launch and present danger to Australia’s arrangements. of another inquiry begged the fragile economy,” chief executive This would mostly affect firms Professor Morabito found the “We made really good money question as to why taxpayers Innes Willox said last year. such as Slater & Gordon and Mau- number of class actions filed in on some cases but really ordinary had incurred the cost of several “Investment and jobs are rice Blackburn. Australia jumped from 38 in the money on others,” Mr Saker said. recent reviews by the Productiv- threatened and business insur- Mr Saker accepts there has been 2016-2017 to 56 in 2017-18, and He has proposed a six-month ity Commission, the Victorian ance costs are going through the an increase in class action activ- rose again to 59 last financial moratorium on new class actions Law Reform Commission and roof.” ity, stemming in part from the year. associated with COVID-19. the Australian Law Reform Despite all this, the Western Financial Services Royal Commis- Omni is currently involved in The Association of Litigation Commission. Australian government is press- sion and multiple cases of wages 14 Australian class actions, five Funders of Australia (ALFA) is “ALFA is disappointed that ing ahead with moves to establish underpayment, but denies there of which are on behalf of share- also open to improved regulation, the federal government has not a legislative class action scheme has been an explosion of activity. holder groups. but has been more critical of Can- responded to these reports in any in this state. Monash University business Mr Saker also disputes claims berra’s approach. meaningful way before embark- “Class actions, at its heart, is an law professor Vince Morabito, the industry makes super profits, Sydney-based John Walker, ing on the parliamentary inquiry access to justice issue,” WA Attor- whose research Omni has part- saying it was necessary to look at who co-founded IMF Bentham and announcing the licensing ney General John Quigley said funded, supports Mr Saker’s view. a portfolio of cases. with Perth’s Hugh McLernon changes,” the association stated. 26 | | PB

PB | | PB FEATURE LEGAL REVIEW

.com.au WA’s LARGEST LAW FIRMS Ranked by total number of legal professionals in WA, then by total staff in WA

Offices No. of No. Of No.of Other Year a) WA No. of Senior Con- Qualified Total Number Total est. in b) inter- Part- Associates/ sult- Legal Profes- of Legal staff

Rank Change from year previous Company name Senior executive and title WA state ners Associates ants sionals Professionals in WA Types of Law Practiced

Banking and finance, technology, media and telecommunications, Herbert Smith — Mr Tony Joyner 1868 a) 1 22 41 5 63 131 225 mergers and acquisitions, competition law, litigation and dispute 1 Freehills Managing Partner for Perth b) 3 resolution, corporate crime and investigations, projects and infrastructure, real estate, environment and planning… Aged care and retirement living, agribusiness, automotive, banking HWL Ebsworth  Mr Mitch Artus 1897 a) 1 24 22 15 32 93 127 and finance (acquisition finance, asset and structured finance, project, 2 Lawyers Partner b) 8 resources and Infrastructure finance, property finance, securitisation) capital markets (debt capital markets, equity capital markets)...

Mr Matthew Knox a) 1 All areas of corporate and commercial law. 3  MinterEllison Managing Partner, WA 2011 b) 7 16 35 5 36 92 137

Banking & finance, corporate/M&A, capital markets, competition, Mr Nick Cooper a) 1 construction and major projects, corporate finance, cyber security, 4  Clayton Utz 1877 14 23 6 47 90 140 energy & resources, environment & planning, insolvency & Partner in Charge, Perth b) 5 restructuring, intellectual property and information technology, litigation and dispute resolution... Corporate and commercial law including corporate advisory, M&A, Mr Malcolm Shelton-Agar a) 1 finance, mining and resources, oil and gas, energy and energy 5  Jackson McDonald 1922 26 19 1 41 87 159 regulation, insolvency and reconstruction, alternative dispute Chief Executive b) 1 resolution and commercial litigation, competition, construction, infrastructure access...

King & Wood Mr John Naughton a) 1  1832 14 58 2 4 78 143 All areas of corporate and commercial law. 6 Mallesons Partner in Charge, Perth b) 4

Aged care, agribusiness, Asia and international, banking and finance, Mr Dean Hely competition and regulation, construction and infrastructure, corporate 7  Lavan 1898 a) 1 26 29 1 19 75 141 services, cyber and data protection, education, employment and safety, Managing Partner family law, intellectual property and technology, liquor licensing hospitality and events...

Mr Gaelan Cooney a) 1 Energy and resources, corporate advisory, M&A, commercial litigation, 8  Ashurst 1988 15 21 2 29 67 107 property, construction, employment, safety and discrimination, project Managing Partner, Perth b) 5 finance, infrastructure development, and restructuring and insolvency.

Mr Gerard Woods a) 1 Corporate and commercial advisory, mergers and acquisitions, energy 9  Allens 1997 11 49 6 66 94 and resources, property and construction, banking and financial Partner, Perth Practice Director b) 3 services, insolvency, litigation, native title, workplace relations. Banking and finance, corporate advisory, property and technology, Corrs Chambers Ms Kirsty Sutherland a) 1 competition and trade practices, taxation, litigation, workplace 10  1991 13 16 9 28 66 92 relations, energy, resources and projects, insolvency, property Westgarth Partner-in-Charge b) 3 and infrastructure, construction, planning, environment and local government... Acquisition finance, alternative dispute resolution, antitrust, Norton Rose Mr Alen Pazin a) 1 competition and regulatory, asset-based lending, asset finance, asset 11  1975 16 27 1 20 64 93 management, aviation, banking and finance, business ethics and anti- Fulbright Partner, Head of Office b) 4 corruption, capital markets, construction and engineering, corporate, debt capital markets... Corporate and commercial, insurance and risk management, workplace Ms Leanne Nickels a) 1 relations, employment and OHS, mining, energy and natural resources, 12 — DLA Piper Partner, Employment 1985 b) 3 13 17 1 28 59 116 construction, infrastructure, property, projects and finance, litigation and dispute resolution, marine, native title. Full service commercial law firm. Focus on the following key growth Mr Tony Chong a) 1 areas: cross-border investments and M&A, complex financial 13  Squire Patton Boggs 1891 14 26 2 12 54 91 instrument litigation, construction disputes and arbitration, cyber Managing Partner for Perth b) 2 security & data privacy, renewable energy, fintech and venture capital, Aboroginal enterprise, mobility. All areas of corporate and commercial, commercial litigation and Mr Martin Bennett dispute resolution, competition and consumer law, defamation, media 14  Bennett + Co Director, Principal 2011 a) 1 11 14 4 22 51 78 law, duties law, energy and resources, estate planning, intellectual property, mergers and acquisitions, real property. Family and de facto law, banking and finance, construction, commercial Mr Simon Creek litigation, wills and estate planning, probate, commercial & corporate 15  HHG Legal Group 1919 a) 5 2 9 3 33 49 62 law, property law, workplace relations and employment law, private Executive Chair wealth services, non-legal aid criminal law, mediation, pro bono, local government.

Mr Joel Sheldrick a) 1 Financial services, insurance, general corporate, commercial dispute 16  Hall & Wilcox Partner 2015 b) 7 5 14 22 41 72 resolution, health & safety, migration services and employment law.

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PB | u u | PB FEATURE LEGAL REVIEW LEGAL REVIEW FEATURE

.com.au WA’s LARGEST LAW FIRMS Offices No. of No. Of No.of Other Ranked by total number of legal professionals in WA, then by total staff in WA Year a) WA No. of Senior Con- Qualified Total Number Total est. in b) inter- Part- Associates/ sult- Legal Profes- of Legal staff

Rank Change from year previous Company name Senior executive and title WA state ners Associates ants sionals Professionals in WA Types of Law Practiced

Sparke Helmore  Mr Piet Jarman 2002 a) 1 5 10 1 25 41 70 Commercial insurance, insurance statutory lines, workplace, 17 Lawyers Partner b) 8 government

Mr Geoff Simpson a) 1 Corporate M&A, capital markets, commercial, competition, private 18  Allen & Overy 2010 6 30 3 2 41 64 equity, energy and resources, projects, infrastructure and construction, Managing Partner, Perth b) 1 litigation and international arbitration.

Mr Ken Jagger a) 1 Flexible legal resourcing including the provision of secondment 19  LOD 2008 1 38 39 52 services, remote lawyers, outsourced legal support, managed and Offices No. of No. Of No.of Other Chief Operating Officer b) 3 virtual legal teams and legal operations consulting services. Year a) WA No. of Senior Con- Qualified Total Number Total est. in b) inter- Part- Associates/ sult- Legal Profes- of Legal staff

Rank Change from year previous Company name Senior executive and title WA state ners Associates ants sionals Professionals in WA Types of Law Practiced Mr Michael Blakiston a) 1 Energy and resources, corporate advisory, litigation and dispute 20 — Gilbert + Tobin Partner, Energy and Resources 1988 b) 2 8 6 5 19 38 70 resolution. Banking and finance, technology, media and telecommunications, Herbert Smith Banking and finance, building, construction and infrastructure, charity 1 — Mr Tony Joyner 1868 a) 1 22 41 5 63 131 225 mergers and acquisitions, competition law, litigation and dispute Freehills Managing Partner for Perth b) 3 resolution, corporate crime and investigations, projects and Mr John Nerurker a) 1 and not-for-profit, commercial disputes and insolvency, corporate infrastructure, real estate, environment and planning… 21  Mills Oakley 2015 10 15 10 35 67 advisory, energy and resources, estates and succession, family law, Chief Executive b) 4 financial services, franchising, government and administrative, Aged care and retirement living, agribusiness, automotive, banking insurance... HWL Ebsworth 2  Mr Mitch Artus 1897 a) 1 24 22 15 32 93 127 and finance (acquisition finance, asset and structured finance, project, Lawyers Partner b) 8 resources and Infrastructure finance, property finance, securitisation) Mr Doug Stipanicev a) 1 Corporate and commercial, banking and finance, real estate, litigation capital markets (debt capital markets, equity capital markets)... 22  Dentons Partner, Australia Chair & 2009 6 6 1 22 35 64 and dispute resolution, lending solutions, restructuring, insolvency and Australasian Region CEO b) 5 bankruptcy. Mr Matthew Knox a) 1 3  MinterEllison 2011 16 35 5 36 92 137 All areas of corporate and commercial law. Managing Partner, WA b) 7 Mr Mark Foster a) 1 Corporate, M + A, ECM, commercial, financial services, energy and 23  Steinepreis Paganin Managing Partner 1997 b) 1 9 11 15 35 50 resources. Banking & finance, corporate/M&A, capital markets, competition, construction and major projects, corporate finance, cyber security, Mr Nick Cooper a) 1 energy & resources, environment & planning, insolvency & 4  Clayton Utz Partner in Charge, Perth 1877 b) 5 14 23 6 47 90 140 restructuring, intellectual property and information technology, Mr Joel Schneider 1935 a) 2 13 20 75 All areas (personal injury, wills, estates, conveyancing, commercial, litigation and dispute resolution... 24 Slater & Gordon State Practice Group Leader b) 63 33 family, criminal, industrial, employment) Corporate and commercial law including corporate advisory, M&A, Mr Malcolm Shelton-Agar a) 1 finance, mining and resources, oil and gas, energy and energy Jackson McDonald 1922 26 19 1 41 87 159 regulation, insolvency and reconstruction, alternative dispute Capital markets, mergers and acquisitions, competition, construction, 5  Chief Executive b) 1 HopgoodGanim resolution and commercial litigation, competition, construction,  Ms Robyn Ferguson 2004 a) 1 14 7 2 10 33 38 corporate advisory and governance, digital assets, dispute resolution, infrastructure access... 25 Lawyers Partner in-charge, Perth Office b) 1 environment, finance, insolvency and restructuring, insurance , health and safety, intellectual property, native title and cultural heritage... King & Wood Mr John Naughton a) 1 6  1832 14 58 2 4 78 143 All areas of corporate and commercial law. Mallesons Partner in Charge, Perth b) 4 Mr Richard Gordon a) 1 The Perth practice focuses on finance, complex international 26  Clifford Chance 2011 3 17 12 32 39 arbitration, litigation and dispute resolution with a particular strength Managing Partner, Australia b) 1 in the energy and resources sector. Aged care, agribusiness, Asia and international, banking and finance, Mr Dean Hely competition and regulation, construction and infrastructure, corporate 7  Lavan 1898 a) 1 26 29 1 19 75 141 services, cyber and data protection, education, employment and safety, Managing Partner Mr Graeme Richards family law, intellectual property and technology, liquor licensing 1991 a) 1 9 12 2 6 57 Insurance hospitality and events... 27  SRB Legal Partner 29

Mr Gaelan Cooney a) 1 Energy and resources, corporate advisory, M&A, commercial litigation, Aviation, construction, corporate and commercial, dispute resolution 8  Ashurst 1988 15 21 2 29 67 107 property, construction, employment, safety and discrimination, project Managing Partner, Perth b) 5 Ms Beth Cubitt a) 1 (including litigation, mediation and international arbitration), finance, infrastructure development, and restructuring and insolvency. 28 — Clyde & Co 2012 5 12 11 28 50 employment, energy and resources, governance, insurance and Partner b) 3 reinsurance, projects and infrastructure, real estate, regulatory and compliance, shipping, trade and commodities. Mr Gerard Woods a) 1 Corporate and commercial advisory, mergers and acquisitions, energy 9  Allens 1997 11 49 6 66 94 and resources, property and construction, banking and financial Commercial, property, strata, building and construction, commercial Partner, Perth Practice Director b) 3 services, insolvency, litigation, native title, workplace relations. Mr Stephen Williams dispute resolution, litigation, employment and workplace safety, 29  Kott Gunning Managing Partner, Insurance 1919 a) 1 10 8 3 6 27 50 insurance and risk, government, local government, private client Banking and finance, corporate advisory, property and technology, including family law, wills, estate planning, trusts. Corrs Chambers Ms Kirsty Sutherland a) 1 competition and trade practices, taxation, litigation, workplace  1991 13 16 9 28 66 92 relations, energy, resources and projects, insolvency, property Commercial litigation and disputes, property, trade practices, 10 Westgarth Partner-in-Charge b) 3 Hotchkin Hanly and infrastructure, construction, planning, environment and local  Mr Michael Hotchkin 1993 a) 1 8 7 1 8 24 39 corporations, insolvency/bankruptcy, defamation, intellectual government... 30 Lawyers Co-Founder, Partner property and information technology, family law, personal injuries and Acquisition finance, alternative dispute resolution, antitrust, workplace law. Norton Rose Mr Alen Pazin a) 1 competition and regulatory, asset-based lending, asset finance, asset 11  1975 16 27 1 20 64 93 management, aviation, banking and finance, business ethics and anti- Fulbright Partner, Head of Office b) 4 Mr Nick Nichola a) 1 corruption, capital markets, construction and engineering, corporate, 2008 5 10 9 38 All areas of corporate and commercial law. debt capital markets... 31  K&L Gates Managing Partner b) 3 24 Corporate and commercial, insurance and risk management, workplace 12 — DLA Piper Ms Leanne Nickels 1985 a) 1 13 17 1 28 59 116 relations, employment and OHS, mining, energy and natural resources, Partner, Employment b) 3 construction, infrastructure, property, projects and finance, litigation Mr Mark Borrello Property, development and construction, dispute resolution and and dispute resolution, marine, native title. 32  Thomson Geer 2009 a) 1 9 7 1 6 23 32 litigation, planning and environment, local government and Managing Principal government, transport and logistics, commercial law. Full service commercial law firm. Focus on the following key growth Mr Tony Chong a) 1 areas: cross-border investments and M&A, complex financial 13  Squire Patton Boggs 1891 14 26 2 12 54 91 instrument litigation, construction disputes and arbitration, cyber Administrative & health law, building, construction & engineering Managing Partner for Perth b) 2 security & data privacy, renewable energy, fintech and venture capital, 33 — Tottle Partners Mr Stephen Penrose 1995 a) 1 9 4 2 7 22 35 law, corporate advice, employment & workplace relations law, general Aboroginal enterprise, mobility. Managing Partner commercial law, insolvency law, insurance law, intellectual property & technology law, litigation & alternative dispute resolution... All areas of corporate and commercial, commercial litigation and 14  Bennett + Co Mr Martin Bennett 2011 a) 1 11 14 4 22 51 78 dispute resolution, competition and consumer law, defamation, media Johnson Winter & Mr Peter Smith a) 1 Corporate, commercial, dispute resolution, energy and resources, Director, Principal law, duties law, energy and resources, estate planning, intellectual 34  2008 6 13 2 1 22 32 projects and infrastructure, taxation. property, mergers and acquisitions, real property. Slattery Partner, Energy & Resources b) 4 Family and de facto law, banking and finance, construction, commercial Mr Simon Creek litigation, wills and estate planning, probate, commercial & corporate 15  HHG Legal Group 1919 a) 5 2 9 3 33 49 62 law, property law, workplace relations and employment law, private 35 Executive Chair wealth services, non-legal aid criminal law, mediation, pro bono, local government. GET THE FULL LIST ONLINE businessnews.com.au/bniq/law-firms 140 Hall & Wilcox Mr Joel Sheldrick 2015 a) 1 5 14 22 41 72 Financial services, insurance, general corporate, commercial dispute 16  Partner b) 7 resolution, health & safety, migration services and employment law. All information compiled using surveys, publicly available data and contact with industry sources. Other companies may be eligible for inclusion. If you believe your company is eligible, please email: [email protected] WND: Would Not Disclose, NFP: Not For Publication, N/A: Not Applicable or Not Available.

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Dockers dented by annual loss Borrello bought by national law firm 19 Feb 2020 by Mark Beyer 13 Jun 2019 by Mark Beyer Tribune and Rand, represented by law firm Quinn Thomson Geer has become the latest in a string of east Emmanuel, asked the court to order that priority be given coast law firms to enter the Western Australian market, ... acquiring LSV Borrello 10 years after the local firm was established. ... businessnews.com.au