PROCTOR SEPTEMBER SEPTEMBER 2019 | law in Innovation SEPTEMBER 2019 PREPARING FOR THE NEW NORMAL Innovation in law INNOVATION IN LAW INNOVATION IN LAW MISTAKE OF FACT The legal supply chain People-centred legal innovation Is time up on and the future of law firms – is there any other kind? mistake of fact? MAJOR SPONSORS 2019 Legal Profession Breakfast Supporting Women’s Legal Service Thursday 14 November TABLE SPONSORS 7-9am | Brisbane City Hall Tickets are on sale for this highly anticipated annual event. The keynote address will be provided by Arman Abrahimzadeh OAM, co-founder of the Zahra Foundation Australian and a passionate advocate against domestic violence. All proceeds from the event help Women’s Legal Service Queensland to provide free legal and welfare assistance to women and their children who experience domestic violence. PURCHASE YOUR TICKETS TODAY qls.com.au/legalbreakfast FEATURES 22 Innovation in law The legal supply chain and the future of law firms People-centred legal innovation – is there any other kind? What is your practice worth if you were to sell it? Innovation, technology and legal professionals of tomorrow 30 Is time up on mistake of fact? Evidence proves it’s time for change ‘Honest and reasonable is enough’ Applying the principle of fairness The universal right to plead one’s case 22 NEWS AND EDITORIAL LAW YOUR PRACTICE 3 President’s report 40 Pro bono 59 Practice management Breaking down the barriers Leadership, people management 5 CEO’s report and personality 42 Workplace law 6 News When is unpaid work lawful? 12 On the interweb 45 Your Library OUTSIDE THE LAW Plugging you into a world of knowledge 14 In camera 61 Classifieds 46 Back to basics 18 Professional development 65 Wine Pleading breach of contract 20 Career moves The real moscato steps forward 48 Legal technology 66 Crossword 36 Profile Computer says no Nareeta’s shining progress 67 Humour 50 Succession law A change worth weighting for? 38 Lexon Insurance Conflicts of interest 68 Directory 52 High Court and Federal Court casenotes 54 Family law Mother’s ‘wrong beliefs’ lead to appeal loss 56 On appeal Court of Appeal judgments Vol. 39 No. 8 | ISSN 1321-8794 PRESIDENT DEPUTY PRESIDENT VICE PRESIDENT COUNCILLORS Key Election dates Lead the profession Roll of Electors close 9am AEST 9 September 2019 If you’re ready to dedicate your Nomination period experience and passion to ensuring the 9 September to 4pm AEST Society meets the needs of the legal 24 September 2019 profession, nominate for QLS Council. Nominee campaigning period From date nomination is approved to 4pm AEST 24 October 2019 Member voting period 9 October to 4pm AEST 24 October 2019 Announcement of results From 25 October 2019 SEE MORE INFORMATION ONLINE qls.com.au/councilelection PRESIDENT’S REPORT Our evolution of innovation The value of learning and open minds “The good thing about science is eventually served via text message. If I can Looking beyond the legal profession for mangle another saying, necessity is the inspiration is also the aim of our newly- that it’s true whether or not you mother of innovation. launched Aspire Leadership Lecture Series. This series aims to connect leaders in many believe in it.” There is a temptation to think of innovation fields with our members, so that we can use as being exclusively technology-based, but what they have learned to become leaders in – Neil deGrasse Tyson that is far from the truth. The services that our profession (and the wider community). solicitors deliver, and how we deliver them, Wise words from one of the world’s leading are constantly evolving as we take advantage The first lecture back in July was delivered scientists, and borrowing from (or mangling?) of new paradigms and business structures. by Grata Fund founder Isabelle Reinecke. Mr deGrasse Tyson, I might observe that the Isabelle’s talk was about the new leadership For example, the integrated legal practice (ILP) good (scary?) thing about innovation is that it paradigm, and it was good to hear a structure permitted non-legal directors, and happens, whether you actively pursue it or not. perspective from someone who operates some firms are now utilising this to create a outside of the legal profession (although I am old enough to remember when the broader service to clients. Directors with skills she once operated within it as well). That first computers hit the desks of solicitors, outside of the law are coming on board, and exposure to new ideas, new strategies – and to be honest many weren’t impressed. firms are offering strategic advice via these the simple act of listening to a different “A typewriter with a TV screen? So what?” non-legal experts – that is, seeking to keep point of view – is the best way to both was not an uncommon reaction; many a clients out of trouble rather than riding to the foster innovation and prepare for it. well-respected lawyer avowed they wouldn’t rescue when they are in it. The fact that the use them, and many secretaries feared these strategic advice is being given by someone The bottom line is that despite having new machines would take their jobs. who has a direct stake in the firm, rather a reputation for being set in our ways, Of course, pretty soon people learned to than a hired gun, gives many clients more solicitors have been adaptable and love computers, and that was because they confidence in that advice. innovative throughout history (indeed, our entire profession came from innovation quickly found new purposes and ways of Because innovation so often happens in this applied to the staid and insular profession using computers; innovating, as it were, exponential, occasionally chaotic fashion, it that was, and sometimes remains, the Bar). without even consciously attempting to is hard to know which way it will move, but do so. Some of the most ardent luddites by ensuring we seek inspiration and solutions We also, however, do not simply lurch became the most zealous users, and many from anywhere (and not just the legal world) lemming-like over the cliff1 of every new secretaries doubled their outputs and we can build a toolkit for facing the future. thing that comes along. This is why we have became even more valuable (partly, it must That spirit is evident in the ‘Establishing things like the Aspire series; to see how be said, because they were very good at and maintaining positive client relationships’ others picked the wheat from the chaff, to showing solicitors how to use computers). workshops which the QLS Ethics and learn to set trends rather than follow them Organic innovation usually works this way, Practice Centre has launched. These and to avoid mistakes that other people with end-users finding ways to use new workshops take project management have already conveniently made for us. In technology which were never dreamed of principles from other industries (for example, other words, to do as another great scientist, by the manufacturer. It is doubtful anyone construction, software development, sales) Carl Sagan, advised – keep an open mind, at Apple had ever heard of a ‘conflict check’, and apply them to file management. but not so open that our brains fall out. but the advent of computers made this a Despite being devised far from the legal Bill Potts hell of a lot easier for solicitors. Similarly, text world, these principles translate wonderfully Queensland Law Society President messaging was developed as a quick and well into client and case management. They cheap form of communication, but solicitors [email protected] make it easier for us to get clear instructions, found other ways of using it. Twitter: @QLSpresident comply with costs disclosure requirements LinkedIn: linkedin.com/in/bill-potts-qlspresident When rugby league player Sonny Bill and deal with many other aspects of our files. Williams walked out on his contract with the Solicitors do not have a monopoly on good Canterbury Bulldogs, he made legal action ideas, and by casting our net wide and being a bit difficult by secretly fleeing to France. prepared to learn from other industries we Notes Williams was hard to pin down while there, can be far more successful in helping clients, 1 Yes, I know lemmings don’t really do that, but the but he was still sending texts – and so was and thus far more profitable. alliteration was just too much to resist! PROCTOR | September 2019 3 Proctor RS July-19.pdf 1 10/07/2019 2:48:58 PM National Process Serving and Skip Tracing through innovation, quality and experience. C [email protected] 07 3868 4558 www.riskandsecurity.com.au Y Brisbane | Sydney | Melbourne CBD Document Delivery & Collection Available CM MY CY CMY K The Intellectual Property and Trade Mark Investigation experts. 07 3257 1083 www.tmis.com.au Brisbane | Sydney | Melbourne CEO’S REPORT Election 2019 kicks off Why you should be a part of it This month we move into QLS If you choose not to nominate, I believe it is Access to Justice Scorecard a part of your professional responsibility to Council election mode, with the ensure that the best candidates are chosen The annual Access to Justice Scorecard whole process beginning in earnest for these positions, and you should therefore survey, now in its seventh year, wrapped up take the opportunity to be a part of the last month, and the report is now available on Monday 9 September. election process by voting. As in past years, on our website. On that day (at 9am), the roll of electors this will be a simple online process.