February 2019
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February 2019 – Vol.39 No.1 Embracing tradition and transformation | The X7 Factor Guarding the rights of all Queenslanders ADVERTISEMENT QLD developers and their lawyers embrace e-Conveyancing Complimentary to a wider digital cheques going missing in the post or liaising WHAT IS PEXA PROJECTS? transformation initiative, QM Properties with the ATO for confirmation of receipt." has made the decision to incorporate It allows lawyers and electronic property transactions, Chloe also shared that "Quinn and conveyancers to manage large "e-Conveyancing", into its digital strategy. Scattini understood QM's digital vision scale projects (i.e. multi-lot QM Propertiessees e-Conveyancing as an from the outset and they took this developments) and efficiently integral component of this digital strategy. opportunity to get involved and embrace complete the online property digital conveyancing like their peers in exchange process. Chloe Fadden, Sales Administration neighbouring states." Manager at QM Properties shared QM's experience to date and that of its lawyers Duncan Murdoch, a Director at Quinn SPEED Quinn and Scattiniduring the transition. and Scattini, shared his thoughts on the process thus far. EFFICIENCY ''The timesaving benefitswere evident from the beginning. Currently, our Trust "As a legal practice, Quinn & Scattini VISIBILITY Accountant dedicates a significant regards it important to not only be on top amount of time to collecting, banking and of legislativechanges but also to embrace receipting of settlement cheques. When technological enhancements in order to it's a PEXA settlement, this isn't required. deliver the best outcomes for its clients. Now, we are able to handle a greater PEXA's electronic conveyancing platform volume of settlementswith far less has allowed Quinn & Scattini to assist manual intervention", said Chloe. QM Properties in achieving its desire to reduce paperwork and to ensure a same "Another advantage of PEXA is that day electronic transfer of settlement the GST is automaticallytransferred funds. PEXA has provided Quinn & to the ATO. This now means our GST Scattiniwith tremendous assistance requirements are completed electronically in both initial training and ongoing at settlement. Thanks to PEXA, the manual support which has allowed us to quickly process of writingletters and physically understand their systems and to Qrovide posting cheques to the ATOis no longe� electronic conveyancing settlements to required. We now have no concerns about QM P.roperties and other clients." l1"'---�------- >�<PEXA BROUGHT TO YOU BY PEXA To learn more about PEXA and how your firmcan start transacting online today, contact PEXA Direct - State Lead, Rukshana Sashankan, at [email protected]. The X7 Factor 12 Appeal adds to compulsory examinations case law Embracing tradition and transformation 16 President Bill Potts reveals his priorities and passion for 2019 Guarding the rights of all Queenslanders 20 Human Rights Bill 2018 (Qld) Law News and editorial Legal policy – Focus on future law 19 President’s report 3 Your library – a history 22 News 5 Ethics – Playing with fire 24 In camera 10 Back to basics – Preparing 26 a trial bundle Career pathways Early career lawyers – Home 28 is where the risk is Book review – A client guide 40 to divorce Family law – FCC must follow FCA 31 decisions unless plainly wrong Career moves 41 Legal technology – The rise 32 Symposium 2019 – Break the 42 of the DAO mould to embrace disruptive leadership Succession law – Informal video 34 will declared valid Career pathways – Your 43 professional development 2019 High Court casenotes 35 Diary dates 44 On appeal – Court of Appeal 36 judgments Practice management: – What’s 45 working – and what isn’t? In memoriam – Alexander ‘Lex’ 46 MacGillivray AM Outside the law Classifieds 48 Wine – Moldova in the middle 53 Crossword – Mould’s maze 54 Humour – Rapunzel, Rapunzel, 55 wherefore art thou? Contact directory, DLAs and 56 QLS Senior Counsellors Published by Queensland Law Society | ISSN 1321-8794 | RRP $14.30 (includes GST) | qls.com.au The Process Serving Evolution Continues The ProcessThe Process Serving Serving Evolution Evolution Continues Continues RedefiningRedefiningRedefining Process Process Process Serving, Serving, Serving, Skip Skip Skip Tracing Tracing Tracing andand Investigationsand Investigations Investigations through through through Innovation, Innovation,Innovation, Quality,Quality,Quality, Culture Culture Culture and and and Experience. Experience. Experience. Northshore Hamilton | Brisbane CBD | Melbourne | Sydney Northshore Hamilton | Brisbane CBD | Melbourne | Sydney Northshore Hamilton | Brisbane CBD | Melbourne | Sydney 1300 712 978 www.riskandsecurity.com.au 1300 712 978 www.riskandsecurity.com.au President’s report All together now! The Process Serving Evolution Continues The year ahead The ProcessThe Process Serving Serving Evolution Evolution Continues Continues In December of last year, I had In 2015, Queenslander and former QLS I seek to empower the future leaders of our member Tony McAvoy was appointed profession. Leadership is about stepping the pleasure of attending the Australia’s first Indigenous QC; last year, up and being counted, about finding your Queensland Law Society Past, Lincoln Crowley was the first Indigenous voice and using it; I want to ensure that every silk appointed from the Queensland Bar, corner of our profession finds its voice and Present and Future Presidents’ and Judge Nathan Jarro became our state’s makes it heard. first Indigenous judge. How soon can we Dinner which was an evening of One of my big projects this year will be expect the first Indigenous QLS President? fine food and fine conversation to launch the Leadership Series, along The first President of Asian heritage? the lines of (and indeed, complimentary (and perhaps a glass of fine wine We can’t know, of course, but we can to) the Society’s stellar Modern Advocate or two as well). shorten the wait by creating a culture, within Lecture Series. The series will go beyond the our profession and within our individual technical skills required to practise law and Although all Presidents have their particular firms and practices, that celebrates diversity deliver the broad leadership skills required focus and idea of what the direction of the and gives everyone a great chance to to run law practices, whether they be ILPs, Society should be, we are united in that succeed and rise to be leaders – a collegial, in-house teams or government legal offices. we all tried, during our terms, to make the authentically Australian and thoroughly I can’t do it alone though; I don’t know Society serve its members as effectively as egalitarian culture that is inclusive and everything and I don’t have all the answers, possible. It was nice to catch up with a group welcoming, and very keen to hear everyone’s but I am betting that collectively we do. To with such a noble cause in common. point of view. lead is also to follow, and while leading the It was also pleasing that two of the Society’s One of the few good things about getting profession I will also seek its guidance; the five female Presidents were able to make it. older is that it makes me, if not wiser, then Society is your partner on this journey and The Society elected its first female President certainly well fortified with experience! we are most definitely all in this together. some 32 years ago, and we have had four I have been a member of Council since No one should underestimate the challenges since. By some standards, this is laudable; 2012, involved with many committees and our profession faces, but then no one should our colleagues at the Bar have recently of course travelled our great state as Deputy underestimate our collective capabilities; elected the first female President in their President and President, meeting and talking there is little we cannot achieve when we are 115-year history. with members and concluding that without united in purpose and broad of mind. So let’s In reality, the real wonder is why there hasn’t doubt the great strength of the Society is go people – there’s work to be done! been more diversity in our Presidency and its membership. My goal is to harness the Redefining Process Serving, Skip Tracing Council. This year the Queensland legal collective wisdom and ability of that broad Bill Potts RedefiningRedefining Process Process Serving, Serving, Skip Skip Tracing Tracing profession will see men become the minority, church, to channel our diverse talents and Queensland Law Society President and Investigations through Innovation, as more than 50% of solicitors will be female. viewpoints to work to achieve our goals. [email protected] It is imperative that we work to empower andand Investigations Investigations through through Innovation, Innovation, I will continue the traditional work of Twitter:@QLSpresident that huge talent pool, to ensure that the Presidents past – advocating on issues LinkedIn: linkedin.com/in/bill-potts-qlspresident Quality, Culture and Experience. profession becomes all it can be. Quality,Quality, Culture Culture and and Experience. Experience. and legislation and representing the The key to answering the challenges we face profession’s interests in every sphere. – artificial intelligence, technology in general, I also want to continue to provide practical global service providers, competition from tools and services that improve your other professions – is to harness the diversity practice and competence – things