ABORIGINAL LAWYERS MAKING INROADS Role Models Boost Participation
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LAW INSTITUTE JOURNAL INSTITUTE LAW PUBLIC INTEREST DISCLOSURES ACT | INSOLVENCY | PROPERTY LAW | VICTORIA PLANNING PROVISIONS | COMMERCIAL LAW APRIL 2021 APRIL 2021 ABORIGINAL LAWYERS MAKING INROADS WHY THE LAW SHOULD ALLOW FOR COMPULSORY TESTING IN A PANDEMIC ABORIGINAL LAWYERS www.liv.asn.au/LIJ www.liv.asn.au/LIJ MAKING INROADS LIV’S NEW WELLBEING MANAGER IS HERE TO HELP PP100007900 ISSN 0023-9267 PP100007900 ISSN 0023-9267 OPINION: MANDATORY REPORTING OF SEXUAL HARASSMENT RRP $20 LIV LEGAL AWARDS: PAUL BAKER AWARD HISTORY 95.4 PC RENEWAL GUIDE Successful law firms are agile Whether you’re at home or back in the office, LEAP lets you work with flexibility. On the go In the office In court At home leap.com.au/agile-law-firms Contents April 2021 ABORIGINAL LAWYERS MAKING INROADS Role models boost participation. By Karin Derkley PAGE 11 LIV’s new wellbeing manager is here to help By Karin Derkley PAGE 16 LIV Legal Awards Paul Baker award history. By Eu-Jin Teo PAGE 19 Opinion: Mandatory reporting of sexual harassment By Lander & Rogers chief executive partner Genevieve Collins PAGE 20 PC renewal guide PAGE 18 Member engagement program PAGE 73 PHOTOGRAPH: DAVID JOHNS Cover from left: Deakin Law student Rita Tomlins, VLA graduate lawyer Hayden Walker, Victorian government graduate lawyer Kassie McAlear, ABL lawyer Karri Walker. Photograph: David Johns APRIL 2021 LAW INSTITUTE JOURNAL 1 welcomes the following new readers undertaking Contents thewelcomes March 2021the following Readers’ newCourse: readers undertaking April 2021 the March 2021 Readers’ Course: Sophie Molyneux Dr. Nicholas Petrie Ahmed Terzic Sophie Molyneux Dr. Nicholas Petrie Ahmed Terzic FEATURES NEWS EVERY ISSUE Sophie practises in public and commercial law. Her Nick practises in commercial and public law. Before Ahmed practises in commercial law, corporate law and public law. 4 Contributors Sophieexperience practises encompasses in public andadministrative commercial law, law. coercive Her Nickcoming practises to the Bar,in commercial he worked and at Minter public Ellison law. Before and Herbert Ahmed practises in commercial law, corporate law and PUBLIC INTEREST DISCLOSURES ACT DIVERSITY inquiries and general commercial disputes. Smith Freehills in Melbourne and London, the North 6 From the president experience encompasses administrative law, coercive coming to the Bar, he worked at Minter Ellison and Herbert Beforepublic law. joining the Bar, Ahmed practised at Arnold inquiries and general commercial disputes. SmithAustralian Freehills Aboriginal in Melbourne Justice Agency,and London, as an the associate North 22 Impropriety and serious 11 Aboriginal lawyers making inroads 8 Unsolicited Before coming to the Bar, Sophie was a senior lawyer at the BeforeBloch Leibler joining in the Melbourne Bar, Ahmed and practised Freshfields at Arnold Bruckhaus Australian(judicial assistant) Aboriginal to LordJustice Dyson Agency, MR in as appeals an associate before the professional misconduct There are growing numbers of BeforeIndependent coming Broad-based to the Bar, Sophie Anti-corruption was a senior Commission lawyer at of the BlochDeringer Leibler in London. in Melbourne He was and an associateFreshfields to theBruckhaus (judicialUK Supreme assistant) Court to and Lord Court Dyson of Appeal,MR in appeals and in beforethe public the COURTS & PARLIAMENT IndependentVictoria, a commercial Broad-based litigator Anti-corruption at Gilbert + TobinCommission and was of an DeringerHonourable in London. Joseph HeSantamaria was an associateof the Victorian to the Court Amendments made to the concept of improper Aboriginal lawyers working across UKlaw Supremeteam of the Court UK andGovernment Court of Appeal,Legal Department. and in the public Victoria,associate a tocommercial the Honourable litigator Chief at Gilbert Justice + TobinMarilyn and Warren was an Honourableof Appeal and Joseph a legal Santamaria researcher of at the the Victorian Supreme Court Court conduct in the Public Interest Disclosures Act Victoria but support is still needed to 44 High Court judgments law team of the UK Government Legal Department. associateAC of the Supremeto the Honourable Court of Victoria. Chief Justice Marilyn Warren Nick has a PhD from Cambridge, an LLM (Distinction) from of AppealVictoria. and a legal researcher at the Supreme Court draw on the Act’s purpose to encourage overcome barriers. By Karin Derkley 46 Federal Court judgments SophieAC of the has Supreme a Master Court of Laws of Victoria. from Columbia University Nickthe London has a PhD School from of Cambridge, Economics anand LLM a BA/LLB (Distinction) (Hons) from Ahmedof Victoria. holds a Bachelor of Commerce and a Bachelor 48 Family law judgments from the University of Melbourne. and facilitate disclosure of impropriety. Sophieand a Juris has Doctor,a Master a Bachelorof Laws from of Arts Columbia and a Bachelor University of the London School of Economics and a BA/LLB (Hons) Ahmedof Laws holdswith first a Bachelor class honours of Commerce from Monash and a BachelorUniversity, HEALTH 50 By Malcolm Harding Supreme Court judgments andCommerce a Juris Doctor,from the a UniversityBachelor ofof ArtsMelbourne. and a Bachelor of from the University of Melbourne. ofand Laws a Master with first of Laws class from honours the University from Monash of Chicago University, 16 Renewed focus on 52 Legislation update Commerce from the University of Melbourne. andLaw aSchool. Master of Laws from the University of Chicago INSOLVENCY lawyers’ mental health 53 Practice notes Law School. Shawn Rajanayagam Julia Nikolic Jacqui Fumberger 26 Reaching its peak: New LIV wellbeing manager Megan REVIEWS Shawn Rajanayagam Julia Nikolic Jacqui Fumberger unfair preference claims Fulford will boost the LIV’s efforts 55 Online Three trials in the Federal Court provide clarity to support members in challenging 56 Books on key issues in unfair preference claims. times. By Karin Derkley 58 LIV Library By Jason Geisker and Georgina Overend PC RENEWAL PRACTICE PROPERTY LAW 18 Time to renew your PC 60 Ethics 30 Co-ownership disputes: update All current practising certificates will 61 Victorian law reform Shawn practises primarily in public law as well as Julia practises in commercial and public law. Jacqui practises primarily in commercial law. Before Disputes between co-owners continue to expire on 30 June 2021. 62 LPLC commercial law. coming to the Bar, Jacqui was a senior lawyer in the Shawn practises primarily in public law as well as BeforeJulia practises coming into commercial the Bar, Julia and was public an associate law. to Jacqui practises primarily in commercial law. Before engage the Supreme Court. Most prolific in 63 Property commercial law. comingCivil Regulation to the Bar, team Jacqui at the was Australian a senior Government lawyer in the LIV AWARDS Before coming to the Bar, Shawn was Counsel Assisting Beforethe Honourable coming to Justice the Bar, Elliott Julia of was the anSupreme associate Court to of a non-statutory context concern whether a CivilSolicitor, Regulation an associate team atto thethe AustralianHonourable Government Justice 64 Technophile Beforethe Solicitor-General coming to the forBar, Victoria, Shawn Kristenwas Counsel Walker Assisting QC, an theVictoria, Honourable and a solicitor Justice at Elliott King of & theWood Supreme Mallesons. Court of 19 Champion of the downtrodden Solicitor,Gordon AC an ofassociate the High to Court the Honourable of Australia Justiceand a joint tenancy has been severed to create a 65 Pro bono theassociate Solicitor-General to the Honourable for Victoria, Justice Kristen Keane Walker AC of QC, the an High Victoria, and a solicitor at King & Wood Mallesons. Julia graduated from the University of Melbourne with the Gordonsolicitor ACat Arnold of the BlochHigh Court Leibler. of Australia and a tenant in common. The arcane topic of adverse Twenty-three years on from its associateCourt of Australia to the Honourable and to the HonourableJustice Keane Justice AC of McLeish the High 66 Superannuation JuliaSupreme graduated Court Prizefrom theand University several other of Melbourne prizes. She with holds the solicitor at Arnold Bloch Leibler. inception, the Paul Baker Award Courtof the ofVictorian Australia Court and ofto Appeal,the Honourable and a solicitor Justice at McLeish Minter While at AGS, Jacqui assisted in the Royal Commission possession between co-owners is the subject of 67 According to merit?/Diversity Supremea Bachelor Court of Business Prize and with several first classother honoursprizes. fromShe holdsthe ofEllison. the Victorian Court of Appeal, and a solicitor at Minter Whileinto Misconduct at AGS, Jacqui in the assisted Banking, in Superannuationthe Royal Commission and remains a fitting embodiment of aUniversity Bachelor of of New Business South with Wales. first class honours from the another decision. And disputes over partition 68 Young Lawyers Ellison. intoFinancial Misconduct Services in Industry,the Banking, and Superannuationadvised regulatory and Shawn has published several articles and book chapters in University of New South Wales. and sale on appeal from VCAT continue. the legacy of a man who continues Previously, Julia served as an Intelligence Officer in the Financialclients on Services investigations Industry, and and litigation advised concerning regulatory Shawnpublic law, has andpublished also taught several at thearticles Melbourne and book and chapters Monash in to be sadly missed in all his areas CAREER Previously,Australian Regular Julia served Army,