Legal Review SPECIAL REPORT

Photo: iStock Legal Review FEATURE Taking stock as sector splutters The ranking of Perth’s major law firms has changed substantially over the past two years.

GROWING: Kylie Groves says her firm is still building a full-service offering in Perth. Photo: Gabriel Oliveira

the local market with 17 part- Most notable has been inde- ners and 91 legal professionals, pendent Perth firm Jackson The number of lawyers according to the BNiQ database. McDonald. After several years It was notable for being one of growth it has dropped to in the Perth market seems of the few big Australian firms third place on the BNiQ data- to not merge or partner with a base, with 26 partners and 88 global law firm during the past legal professionals. pretty consistent, they just decade. King & Wood Mallesons, MinterEllison is not far Lavan, and Corrs Chambers re-arrange themselves from behind in the WA Westgarth have also cut their Mark Beyer market with 17 partners and 85 numbers over the past two time to time - Kylie Groves [email protected] @AMarkBeyer legal professionals. years, but to a much lesser Those numbers highlight extent. As well as being the largest, Patchy outlook a remarkable revival by it’s also the firm that others look ERTH’S commercial law- MinterEllison, which was left Breakdown up to as the market leader, with These changes come against yers generally agree the with just four partners in Perth To put these numbers into a an unmatched depth of exper- a backdrop of patchy activity in market is continuing at in 2012 after most of its WA longer-term context, the BNiQ tise and reach. the local market. P Herbert Smith Freehills a low ebb in Western Australia, cohort started trading as Squire data shows that many of Perth’s Offsetting the decline at big but the lack of activity has not Patton Boggs. large law firms have shrunk firms has been growth by a managing partner Perth, Tony halted further changes in the While MinterEllison is now over the past decade. raft of new players and mid-tier Joyner, said there was some sector’s make-up. firmly back as a major player in The decline has been most firms. pickup in 2018 after five or six Data collected by Business the WA market, US-based Squire pronounced for Ashurst and HHG Legal Group, which soft years. News shows several firms have Patton has not fared so well. It market leader Herbert Smith evolved from Albany firm “It’s been reasonably strong defied the lull in activity to started in WA with 15 partners Freehills. Hudson Henning and Goodman, since,” Mr Joyner told Business achieve substantial growth over and now has nine. -based Ashurst (for- has more than doubled in size News. the past two years (see table, Other firms enjoying growth merly Blake Dawson Waldron) over the past decade. “It’s not back at 2012 levels, but page 26). include HWL Ebsworth Lawyers used to be the second largest Celebrating its 100th anniver- the firms have resized.” The growing firms include and Hall & Wilcox, both of which firm in Perth with about 120 sary this year, HHG now has 48 Mr Joyner said the future tier one Australian players Clay- are big east coast players that legal professionals; it is now legal professionals in its ranks. looked okay but still choppy, ton Utz and MinterEllison, along moved into WA in recent years. ranked seventh with 67 legal Another independent Perth adding it was hard to see what with international firm Norton In contrast to these expand- professionals. firm to achieve long-term would drive substantial growth. Rose Fulbright. ing firms, several others have HSF continues to be the largest growth has been Steinepreis Lavan managing partner Clayton Utz has grown to be trimmed their numbers over the firm in Perth, with 22 partners Paganin, based on its niche ser- Dean Hely described the past the second largest law firm in past two years. and 131 legal professionals. vicing small listed companies. three years as a period of LEGAL REVIEW FEATURE

SEARCHENGINE ...your key to WA business WA’s CHANGING LEGAL LANDSCAPE Change in Legal legal prof.

Rank Law Firm Partners Professionals sinced 2017 1 Herbert Smith Freehills 22 131 1 2 Clayton Utz 17 91 15 3 Jackson McDonald 26 88 -34 5 MinterEllison 17 85 17 4 King & Wood Mallesons 14 81 -7 6 Lavan 26 71 -7 7 Ashurst 15 67 2 8 10 67 5 9 Corrs Chambers Westgarth 13 66 -7 10 Norton Rose Fulbright 16 64 13 12 HWL Ebsworth Lawyers 14 62 18 11 DLA Piper 13 59 2 13 HHG Legal Group 2 48 1 14 Squire Patton Boggs 9 44 2 15 LOD n/a 43 2 23 Sparke Helmore Lawyers 5 40 -1 16 Mills Oakley 9 40 3 17 Dentons 5 37 -2 18 Allen & Overy 6 39 -2 19 Gilbert + Tobin 10 37 6 20 Steinepreis Paganin 9 35 2 21 Bennett + Co 9 34 5 22 Slater & Gordon n/a 33 0 24 Clifford Chance 4 33 -1 25 Hall & Wilcox 3 32 13 constrained legal spend with mining sector,” he said, adding increased competition. that banking and commercial INFLUENCE: Tony Joyner says the WA market is reasonably strong but it’s hard to see “In the earlier part of 2018 property were other sectors what will drive substantial growth. Photo: Gabriel Oliveira there was real optimism and picking up. “It’s clearly coming back, it’s the corporate market was very this work because of their exper- busy, but this tailed off in July,” just a matter of time,” Mr Shel- tise or established relationships. he said. ton-Agar said. It’s [activity] been In a similar vein, Mr Joyner “We have found that, since King & Wood Mallesons said HSF’s Perth partners were October 2018, the workflow in partner said John Naughton doing a lot of work for interstate reasonably strong since (2018); all areas has increased and that commercial litigation follow- and overseas clients. there is renewed confidence ing the end of the resources “It’s significant and growing,” it’s not back at 2012 levels, but that the WA market and econ- construction boom was still he said. omy is on the improve. providing plenty of work for his “We have a lot of expertise the firms have resized - Tony Joyner “Whilst the federal election firm. that we export, in mining, will have a bearing on this, I “As sure as night follows day, energy, infrastructure. been fortunate that we have For some Perth law firms, don’t think it will disrupt the the last phase is litigation,” he “It’s how we maintained our significant practices around growth has been driven by their continual improvement in the said. team here.” government and inbound invest- entry into new practice areas WA economy.” Mr Naughton said much of MinterEllison’s managing ment which have kept the firm and lateral hires. Jackson McDonald chief exec- this work was run offshore in partner, WA, Matthew Knox has busy even when local activity Hall & Wilcox moved into utive arbitration centres such as Sin- Malcolm Shelton-Agar a more upbeat assessment than has been quiet,” Mr Knox said. Perth in 2015, initially with a said the volume of legal work gapore and London. many of his peers. He said additions to the focus on insurance, but with tended to reflect trends in the “The really big matters that Nationally, MinterEllison had partnership, such as Shaun a goal to build a full-service provide sustained work has WA economy at large, as meas- a record year in FY2018 with rev- McRobert, brought new capabil- offering. ured by state final demand. been arbitration,” he said. enue growing 20 per cent to $564 ities while also helping the firm Partner Kylie Groves said Mr Naughton said KWM’s “It’s pretty clear we have been million. service existing clients. the firm had made substantial Perth office continued to under- bubbling along the bottom,” he On this measure, MinterElli- “We’ve been very busy against progress. take a lot of work for non-WA said. son was the largest law firm in the broader economic tend in “This is still a work in progress, clients. Mr Shelton-Agar was quietly the Australian market. WA, so that’s made it easier to although we have expanded sig- “A significant portion of our optimistic about activity pick- “We’re also the most profita- attract new people when you’ve nificantly since 2015, as we have client base is institutions in ing up. ble we’ve been,” Mr Knox added. already got a book of work added employment with my , Melbourne or Asia,” he “It is getting better; we are He said the demand for legal there,” Mr Knox said. team and commercial litigation said. seeing more activity in the services has picked up signifi- “We were exporting a lot of work Mr Naughton told Business mid-tier mining sector and cantly since 2012. (to other offices) because we just the services that support the News the Perth partners won “MinterEllison has always didn’t have the capability here.” Continued on next page FEATURE LEGAL REVIEW Lawyers take stock as local sector splutters

From previous page probably one of the most com- petitive markets in Australia,” MinterEllison’s Mr Knox said. with Scott Meacock joining ear- “However, the international lier this year,” she said. firms and east coast firms have Ms Groves said Hall & Wilcox generally expanded by acquir- operated as a national firm and ing local partners and as such the Perth office was able to the work they have attracted draw on the expertise of col- has largely been based around leagues in other practices and that partner’s practice. offices as required. “Where it has made a signif- Global law firm Norton Rose icant difference is in inbound Fulbright is another investing in work, which is now generally its Perth practice. channelled via the international It has recruited five partners law firm or by unaligned inter- over the past year, with the most national firms in an alliance or notable being Paul Lingard, who network.” was previously managing part- HSF’s Mr Joyner said the ner at Clifford Chance’s Perth impact was not clear-cut. office. “In one sense yes, but I’m Mr Lingard is now the firm’s not sure the overall number of co-head of its energy industry quality lawyers in the city is group for the Asia Pacific. changing that much,” he said. As usually occurs when “They’re just moving around.” partners with an established Ms Groves agreed that new reputation move firms, clients entrants just tended to give rise tend to follow. to people being shuffled around. Since Mr Lingard began “The number of lawyers in last October he has received the Perth market seems pretty instructions from companies consistent, they just re-arrange including Synergy, Western themselves from time to time,” IMPORTANCE: Malcolm Shelton-Agar attaches weight to Jackson McDonald’s Power, Woodside, Macmahon she said. long-standing brand. Photo: Attila Csaszar and South32. “There doesn’t seem to be an The firm’s Asia Pacific chair, influx of lawyers from other Chris McLeod, said Norton Rose places. Indeed it seems to have such as insurance firms, others had initially enjoyed a relatively returned to the situation where had special competences, such It is getting better; we easy run of growth after it many lawyers (especially junior as in litigation, while others bought the old Deacons practice lawyers) leave Perth for dif- had completed their national in 2012, but it was now tougher. ferent experiences on the east footprint by establishing a WA are seeing more activity in the “The Australian legal market coast or overseas.” presence. has just become so much more KWM’s Mr Naughton said “They all present different mid-tier mining sector and the competitive and harder to grow there were no grounds for challenges,” he acknowledged. revenue,” he said. complacency. Mr Shelton-Agar said Jack- services that support the mining Perth-based Mr McLeod said “The Australian legal market son McDonald’s long history in the firm nationally made a con- is among the most competitive WA was crucial to securing its sector - Malcolm Shelton-Agar scious decision to invest in the in the world,” he said, adding the future. WA market. degree of competition reflected “We have depth of presence, Mr Hely observed that the and engineering sectors.” He said other recent recruits, the presence of very large firms and a full offering that others professional services sector has He said keeping talent based such as Jessica Davies from Clif- with deep resources. can’t match,” he said. only a few large independent in WA and working for WA ford Chance and David Jewkes Mr Naughton said KWM’s “We have strong connections WA-based organisations left. organisations should be sup- from KWM, would build capabil- structure, which combined the that have been built over many “In the legal sector, firms like ported and fostered. ity around Mr Lingard. old Australian firm Malleson years.” Lavan and Jackson McDon- “We are proud of our 120 years “When you recruit quality, the Stephen Jaques with Chinese He believes another positive is ald have bucked the trend by of servicing clients in WA and work really does start to come,” firm King & Wood, was impor- brand recognition. remaining independent and supporting the WA business Mr McLeod said. tant for the group’s long-term “One of the great benefits of WA-focused and not becom- community and WA based char- growth. Jackson McDonald never having ing part of a national or global ities that our firm and our staff Competitive tension “The China connection gives merged is that all the other local organisation,” Mr Hely said. get behind,” Mr Heky said. While numerous new law us exposure to international brands that were around 10 or 15 “There has also been a steady dis- “Buy WA should be the mantra firms have entered the Perth investment and international years ago don’t exist any more, appearance of large independent for WA businesses and the WA market during the past decade, deal flow,” he said. they are all something else,” Mr WA-based firms in the accounting government.” the overall effect of this influx Mr Shelton-Agar said new Shelton-Agar said. Clayton Utz is up for debate. firms presented different “Our name recognition is SEARCH “The WA legal market is challenges. extraordinary; it’s a small thing There are 321 results from our index of 98,273 articles, extremely competitive and Some were sector specialists, but it’s helpful.” 9,777 companies and 35,907 people LEGAL REVIEW FEATURE

Corporate lawyers busy SEARCHENGINE ...your key to WA business as M&A deals on the rise Top Deal Advisers Mergers and Acquisitions* Value Number of deals Legal advisers of deals $m Key clients Wesfarmers, BGH Capital, Albemarle Gilbert + Tobin 11 6,890 Corporation Allens 6 6,221 Inpex, Macquarie Group, DIF Herbert Smith Santos, SRG Global, Mineral Resources, Freehills 13 5,978 Wesfarmers King & Wood Mallesons 5 5,407 Brookfield Asset Management, South32 BGH Capital, Riversdale Resources, Ashurst 7 4,038 Automotive Holdings Macquarie Capital, Brookfield Asset Clayton Utz 8 3,218 Management, Fleetwood Corporation, Ansteel Johnson Winter & Slattery 6 2,492 Inpex, Ausdrill, Ramelius Resources McCullough Round Oak Minerals, Intrepid Mines, Robertson 4 1,581 AP Eagers Norton Rose Posco, Macquarie Group, DIF, Ansteel, Fullbright 4 682 Australian Finance Group Corrs Chambers Hancock Prospecting, Risco Energy Westgarth 4 643 Investments *12 months to April 2019 Equity Capital Markets* Value Number of deals PIPELINE: Bryn Hardcastle says several prospective deals are yet to see the light of day. Legal advisers of deals $m Key clients Photo: Attila Csaszar Fortescue Metals Group, ESR Cayman, Allen & Overy 5 951 Cash Converters International Steinepreis Poseidon Nickel, Finbar Group, Data Mark Beyer In terms of deal numbers, the Paganin 56 376 Exchange Network [email protected] market leader over the past year @AMarkBeyer Bellanhouse New Century Resources, Myanmar $ was Herbert Smith Freehills. Lawyers 37 315 Metals, AusCann Group, Bellevue Gold A FLURRY of hostile takeo- It advised on 13 M&A transac- bn Johnson Winter 10 284 Ausdrill, TNG, Todd River Resources ver deals has provided a boost WESFARMERS’1.5 tions worth $5.9 billion. & Slattery for corporate lawyers, with an INDICATIVE The league table is very differ- Jackson 6 256 Jupiter Mines, Exopharm, Hot Chili, expectation there is more on ent for equity capital markets McDonald AssetOwl the way. ACQUISITION OF deals, with Allen & Overy advis- Herbert Smith Northern Star Resources, Cash Freehills 3 238 Converters International, SRG Herbert Smith Freehills is ing on five transactions worth LYNAS CORP IMF Bentham, Fleetwood Coporation, advising Wesfarmers on the $951 million over the past 12 Gilbert + Tobin 13 233 SRG, Panoramic Resources largest deal in Western Australia Riversdale directors but is yet to months. Ashurst 2 191 Northern Star Resources, Sheffield this year – an indicative $1.5 bil- win over Perth-based Resource This includes a Fortescue Resources lion acquisition of rare earths Capital Funds, which is the larg- Metals Group share buyback DLA Piper 9 187 IMF Bentham, Paringa Resources, producer Lynas Corporation. est shareholder in the aspiring and a capital raising by inter- Primero Group With Lynas fiercely defending coal miner. national client EMR Cayman, Squadron Resources, Fleetwood Clayton Utz 3 145 Corporation, Nusantara its independence, and the deal The performance of law firms which is serviced by A&O’s Perth *12 months to April 2019 attracting political controversy, is tracked in the BNiQ deals team. it’s likely to keep Wesfarmers database. Allen & Overy is ahead of two and its advisers busy for some Gilbert + Tobin is ranked firms with deep penetration Bellanhouse has advised on “We’ve got a small but experi- time yet. number one, after advising on among small to mid-cap WA three M&A transactions this year, enced team, we know what we’re Another hostile takeover is 11 merger and acquisition deals companies. including the Nzuri Copper deal. doing across the space.” the $635 million bid for Auto- valued at $6.9 billion over the Steinepreis Paganin worked Partner Bryn Hardcastle said Mr Hardcastle said as well as motive Holdings Group by past 12 months (see table). on 56 capital raisings worth $376 his firm was doing a lot more public company takeover deals, Brisbane-based competitor AP It advised on several big million while Bellanhouse Law- M&A work this year, with sev- he had seen a lot of interest from Eagers. transactions last year, including yers worked on 37 transactions eral prospective deals yet to see companies seeking to buy or sell Automotive Holdings is being Santos buying Quadrant Energy, worth $315 million. the light of day. assets that hadn’t had capital advised by Ashurst, which is also BGH Capital bidding for Navitas, They lead the league table for “Our business model is to do applied to them. advising Sydney-based Rivers- and Albermarle buying half of 2019, which is a period character- both the ECM and M&A deals, I He believes Bellanhouse’s dale Resources on the defence the Wodgina lithium project. ised by a distinct lack of capital think they go hand in hand,” he recent experience stood it in of Hancock Prospecting’s $599 Among 2019 deals, G+T is raising activity. said. good stead to win more work. million takeover bid. advising China’s Chengtun Against this backdrop, both Corrs Chambers Westgarth Mining Group on its $109 million firms have achieved some suc- SEARCH Herbert Smith Freehills is advising Hancock, which acquisition of Africa-focused cess broadening their business There are 267 results from our index of 98,273 articles, has won the backing of several Nzuri Copper. into the M&A space. 9,777 companies and 35,907 people FEATURE LEGAL REVIEW

SEARCHENGINE LAW FIRMS AND PATENT ATTORNEYS ...your key to WA business RANKED BY TOTAL NUMBER OF LEGAL PROFESSIONALS IN WA

No. of No. of Senior Other Total No. Change Offices No. of Associ- No. Of Qualified of Legal from Year a) WA Part- ates/As- Con- Legal Pro- Profes- Total previous Senior executive and est. in b) inter- ners sociates sultants fessionals sionals staff

Rank year Company name title WA state (a) (b) (c) (d) (Add a-d) in WA Types of Law Practiced

Banking and finance, technology, media and telecommunications, mergers and Herbert Smith 1 — Mr Tony Joyner 1868 a) 1 22 41 5 63 131 225 acquisitions, competition law, litigation and dispute resolution, corporate crime and Freehills Managing Partner, Perth b) 3 investigations, projects and infrastructure, real estate, environment and planning, regulatory and government affairs, restructuring, turnaround and insolvency... Banking & finance, corporate/M&A, capital markets, competition, construction and Mr Nick Cooper a) 1 major projects, corporate finance, cyber security, energy & resources, environment 2  Clayton Utz Partner in Charge - Perth 1877 b) 5 17 19 4 51 91 148 & planning, insolvency & restructuring, intellectual property and information technology, litigation and dispute resolution, native title, real estate, taxation... Corporate and commercial law including corporate advisory, M&A, finance, mining and Mr Malcolm Shelton-Agar resources, oil and gas, energy and energy regulation, insolvency and reconstruction, 3  Jackson McDonald Chief Executive 1922 a) 1 26 24 38 88 171 alternative dispute resolution and commercial litigation, competition, construction, infrastructure access, property, planning...

Mr Matthew Knox a) 1 4  MinterEllison Managing Partner, WA 2011 b) 7 17 32 5 31 85 127 All areas of corporate and commercial law.

King & Wood Mr John Naughton 5  Partner in Charge, Perth 1832 a) 1 14 20 2 45 81 147 All areas of corporate and commercial law. Mallesons office b) 4

Aged care, Agribusiness, Asia and international, banking and finance, competition Mr Dean Hely and regulation, construction and infrastructure, corporate services, cyber and data 6 — Lavan Managing Partner 1898 a) 1 26 22 23 71 151 protection, education, employment and safety, family law, intellectual property and technology, liquor licensing hospitality and events, litigation ...

Mr Richard Guit a) 1 Energy and resources, corporate advisory, M&A, commercial litigation, property, 7  Ashurst Head of Perth Office; 1988 15 22 2 28 67 114 construction, employment, safety and discrimination, project finance, infrastructure Partner, Infrastructure b) 5 development, and restructuring and insolvency.

Mr Gerard Woods a) 1 Corporate and commercial advisory, mergers and acquisitions, energy and resources, 8  Allens Partner, Perth Practice 1997 10 46 11 67 92 property and construction, banking and financial services, insolvency, litigation, native Director b) 3 title, workplace relations.

Banking and finance, corporate advisory, property and technology, competition Corrs Chambers 9 — Mr Nicholas Ellery 1991 a) 1 13 16 9 28 66 92 and trade practices, taxation, litigation, workplace relations, energy, resources and Westgarth Partner-in-Charge b) 3 projects, insolvency, property and infrastructure, construction, planning, environment and local government, information and technology... Acquisition finance, alternative dispute resolution, antitrust, competition and Norton Rose 10  Mr Chris McLeod 1975 a) 1 16 27 1 20 64 93 regulatory, asset-based lending, asset finance, asset management, aviation, banking Fulbright Partner, Head of Office b) 4 and finance, business ethics and anti-corruption, capital markets, construction and engineering, corporate, debt capital markets, employee benefits, employment... Aged care and retirement living, agribusiness, automotive, banking and finance HWL Ebsworth 11  Mr Mitch Artus 1897 a) 1 18 21 23 62 101 (acquisition finance, asset and structured finance, project, resources and infrastructure Lawyers Partner, National Chairman b) 8 finance, property finance, securitisation) capital markets (debt capital markets, equity capital markets), climate change and sustainability, commercial contracting...

Ms Leanne Nickels a) 1 Corporate and commercial, insurance and risk management, workplace relations, 12  DLA Piper 1985 13 17 1 28 59 116 employment and safety, mining, energy and resources, construction, infrastructure, Perth Managing Partner b) 3 property, projects and finance, litigation and dispute resolution, marine.

Mr Simon Creek Tax law, family and de facto law, banking and finance, construction, commercial litigation, wills and estate planning, probate, commercial & corporate law, property 13 — HHG Legal Group Managing Director, 1919 a) 4 2 9 3 33 48 60 law, workplace relations and employment law, private wealth services, non-legal aid Mediator, Special Counsel criminal law, mediation, pro bono, local government. LEGAL REVIEW 129 20 30 28 24 29 26 22 23 25 27 18 14 19 16 21 15 17 31 WND: Would NotDisclose, NFP: Not For Publication, N/A: NotApplicableorAvailable. All information sources. compiled usingsurveys, companies publiclyavailable may data beeligible withindustry Other and contact for you believe inclusion.If your company iseligible, pleaseemail:[email protected] Rank

previous previous Change Change GET THE FULL LIST ONLINE from from year                 — Company name Lawyers Kott Gunning SRB Legal Clyde &Co K&L Gates Wrays & WilcoxHall Clifford Chance Oakley Mills Slater &Gordon +CoBennett Steinepreis Paganin + Tobin Gilbert Allen &Overy Dentons Lawyers Sparke Helmore LOD Squire Patton Boggs Finance, Government Commercial, Property, Managing Partner, Leys Emma Ms Partner Richards Mr Graeme Partner Cubitt Beth Mr Managing Partner Nichola Mr Nick Chairman Principal, Cox Gary Mr Relations Workplace Partner, Employment & Groves Kylie Ms Managing Partner, Australia Gordon Richard Mr Executive Chief Nerurker John Mr Perth Injury – Personal Leader Group Practice State Mr Joel Schneider Director Bennett Mr Martin Chairman Executive Mr Roger Steinepreis Resources and Energy Parnter, Blakiston Mir Michael Managing Partner, Perth Simpson Geoff Mr Office Perth of Head Partner, Stipanicev Doug Mr Partner Managing National Salem Phillip Mr Officer Chief Operating Jagger Ken Mr Desk Asia of Head & Perth Managing Partner TonyMr Chong title executiveSenior and

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est. in 2009 2008 2008 2002 1988 1997 1991 1891 2010 Year 1920 2015 2015 2012 1935 2011 2011 1919 WA b) inter- Offices a) WA state b) 3 b) 1 a) b) 63 2 a) 1 b) 1 a) 2 b) 1 a) 1 b) 1 a) 3 b) 1 a) a) 1 a) 3 b) 1 a) 1 b) 1 a) 1 a) 2 b) 1 a) a) 1 a) 4 b) 1 a) 7 b) 1 a) 4 b) 1 a) b) 3 b) 1 a) 7 b) 1 a)

No. of Part ners (a) 10 10 12 7 9 6 5 4 9 9 9 3 9 5 5 - ates/As- sociates - Associ Senior Senior No. of (b) 29 10 10 14 31 13 13 13 15 19 12 11 8 7 2 sultants No. Of Con (c) 3 3 1 4 2 1 1 2 2 2 - Legal Pro fessionals Qualified Qualified No. of Other Other (d) 20 30 39 10 10 14 16 16 15 11 6 6 1 9 4 9 - (Add a-d) Total No. of Legal Profes- sionals 44 40 34 43 29 39 35 27 32 33 33 33 37 37 31 31 31 in WA Total staff 50 50 83 65 65 57 62 52 52 39 70 49 49 55 55 75 61 sources, estate planning, intellectual property, mergers and acquisitions, real property. and acquisitions, mergers property, intellectual planning, estate sources, re and law, law, energy duties media law, defamation, consumer and competition resolution, and dispute litigation and commercial commercial, All of areas corporate resources. and energy services, financial commercial, ECM, M+A, Corporate, resolution. dispute and litigation advisory, corporate rsources, and Energy arbitration. and international litigation and construction, infrastructure projects, and resources, energy equity, private competition, commercial, markets, capital M&A, Corporate and insolvency.workplacerecovery, relations, financialservices commercialproperty resolution, dispute finance, and banking advisory, commercial and Corporate Government Workplace, Lines, Statutory Insurance Insurance, Commercial services. consulting teams operations legal and legal and virtual managed lawyers, remote including the legal provisionFlexible resourcing of services, secondment mobility. enterprise, Aboroginal capital, venture and fintech energy, renewable privacy, &data security cyber arbitration, and disputes complex financiallitigation, and M&A, construction instrument investments border cross- areas: growth key following the on Focus firm. law commercial service Full local government, private client including family law, wills, estate planning, trusts. planning, law, estate wills, family including client private government, local government, risk, and insurance safety, workplace and employment litigation, tion, resolu dispute commercial construction, and building strata, property, Commercial, Insurance and compliance,regulatory shipping, and trade commodities. real estate, and infrastructure, governance, and reinsurance,projects insurance gation, and mediation international arbitration), employment, and energy resources, liti (including resolution dispute commercial, and corporate construction, Aviation, law commercial and corporate of areas All strategy and law, management IP copyright), and Contractual Commercial marks, trade (patents, property Intellectual and employment law. services migration & health saftey, corporate, insurance, general services, Financial finance, /M&A, corporate high-end on focuses practice Perth Chance’s Clifford property... insurance,administrative, intellectual and government franchising, law, and family succession, services, estates financial resources, and energy advisory, corporate insolvency, and disputes commercial profit, and not-for- charity and infrastructure, andBanking finance, building, construction employment)industrial, family, conveyancing, commercial, injury, criminal, wills, estates, All (personal areas Chance’s areas of expertise in Australia include company... include Australia in expertise of areas Chance’s Sydney, and Clifford Perth in offices With sector. resources and energy the in strength a particular with resolution and dispute litigation arbitration, international complex

Types ofLaw Practiced FEATURE

- - - FEATURE LEGAL REVIEW Martin off the bench and in the game Wayne Martin’s time as a judge has BOARD ROLES • Harry Perkins Institute of informed his new Medical Research - chair career as a mediator • Parkerville Children and and arbitrator, and Youth Care - chair board member. • EON Foundation - director • WA Football Commission Mark Beyer - commissioner [email protected] @AMarkBeyer • Tura New Music regional WAYNE Martin has been busy since his program - patron retirement as Western Australia’s chief jus- tice in July last year, with five new board roles resulting mostly from his time as a judge. arbitrator, which includes advising the During his judicial career, Mr Martin Insurance Commission of Western Aus- learned how social disadvantage played tralia on the long-running Bell Group out through the judicial system, particu- dispute. larly among Aboriginal people. Mr Martin said he was a big fan of medi- “When I first started as a judge, I’d be ation and was gratified by the demand he dealing with an armed robbery case and had seen. the lawyer would explain their client had “One thing that has surprised me a little been abused as a child,” Mr Martin recalled. is the demand for mediation services, it’s “Initially I’d say ‘What’s that got to do stronger than I thought it would be,” he with robbing a chemist shop?’ and I came to said. realise it has everything to do with robbing “There is a real thirst for mediation ser- a chemist shop.” vices because commercial enterprises are Mr Martin’s board roles include chairing jaded with litigation, whether you call it Parkerville Children and Youth Care, which is court litigation or arbitration. focused on supporting victims of child abuse. “Despite the improvements that have “Joining Parkerville is a consequence of been made it’s very expensive, it takes a lot what I saw in the courts,” he said. of time, effort and energy, and the outcome Mr Martin is also a director of EON is uncertain. Foundation, which is focused on improving “Whereas with mediation you only get a Aboriginal health and lifting self-suffi- result if both parties agree. ciency by establishing vegetable gardens OUTCOMES: Wayne Martin is pleased to see such strong demand for “And it’s much quicker and cheaper.” in remote communities. mediation services. Mr Martin said his job as mediator He is also the patron of Tura New Music’s included working with the parties to find regional program, through which main- the best approach. stream musicians tour remote communities One of the problems with judicial This could range from a hands-off facili- and work with Aboriginal musicians. tative style where parties were encouraged “Music for me is a bridge between cul- to find a solution, to a quasi-adjudicative tures, a much easier bridge than language,” work is that you only see people in style where the mediator formed a view. Mr Martin said. “If I express a view about likely outcomes Mr Martin has also been appointed chair dispute with each other or who are and risks, I would expect people are more of the Harry Perkins Institute of Medical likely to give that more weight because Research and a commissioner of the WA alleged to have done bad things - Wayne Martin of my experience and the seniority of the Football Commission. position I held,” Mr Martin said. The latter role reflects his love of foot- “It’s now encouraging WAFL clubs to see great things and getting on well with each “When I tell people litigation is a precari- ball, but he also sees a community focus. themselves as part of a broad-based com- other, so you can be a little jaded about ous business, no place for the faint hearted, “It’s the opportunity for community munity football structure. humanity. hopefully they listen.” engagement that football provides that “That’s a significant shift.” “I’m meeting a whole range of different He said the court system had become really interests me,” Mr Martin said, adding Mr Martin said he was enjoying a fresh and really interesting people who are doing a lot more efficient over the past 20 to 30 that football clubs comprised the biggest perspective on the world since he retired. great things.” years, in part because it had become a lot network of community organisations in “One of the problems with judicial work The flurry of new board appointments more like an arbitral body. the state. is that you only see people in dispute with has meant the 66-year-old Mr Martin has Mr Martin said arbitration held most “My arrival is serendipitous because the each other or who are alleged to have done effectively been working full time. appeal for international disputes, where commission is moving much more towards bad things,” he said. His goal is to combine the board roles the parties wanted a neutral forum and a community-based organisation. “You tend not to see people who are doing with his new ‘day job’ as a mediator and capacity to enforce a decision. Legal Review SPECIAL REPORT

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