FRIDAY, AUGUST 5, 2011 P33 LEGALAFFAIRS www.theaustralian.com.au/business/legal-affairs AVIATION INSIDE SHARON COOK on the law fi rms leading the push to go green { P34 } Breaker Morant lawyer’s relative takes up case for a judicial commission

Mr Thomas, known as ‘‘Beach’’, Mr Thomas junior said he de- treated? Were they given a fair given just one day to prepare to less it was pressed to do so by the NICOLA BERKOVIC said his uncle died a lonely man, cided to write to Mr McClelland trial? Even today those issues are represent five accused officers and Australiangovernment, backedby unable to come to terms with the for the first time last month, 109 important as a matter of law, as a other errors were made in the ad- an independent inquiry. AT the turn of the last century, the death sentences handed to years after the trial of Morant, matter of history, as a matter of ministration of justice under the Mr Thomas said his uncle’s Thomasfamilywasmarkedbytwo Morant, Handcock and Witton for Handcock and Witton, to support respect for their families. military law of 1902. strongfeelingsabout thecasewere clashes with Lord Kitchener, the the murder of Boer prisoners. calls for a judicial inquiry. ‘‘Notwithstanding it has been He said his uncle was devas- captured by Banjo Paterson, who commander of British troops in While the three Australian ‘‘This is an application for a such a long time, it is nonetheless tated by the events and fought to knew Morant before the Boer War South Africa during the Boer War. soldiers did not deny killing judicial inquiry that will hopefully an important event in our history have the record set straight for the and afterwards met Major Now the grand-nephew of prisoners, they argued they were look at the legalities of what went and in our military history.’’ families of the three men. He said Thomas. Major James Thomas, the lawyer ordered to do so by their British Kitchener Morant on,’’ he said. ‘‘I thought that being a The push for a judicial inquiry it would allow him to rest in peace In an article in The Sydney who defended Harry ‘‘Breaker’’ superiors. solicitor and a relative of the has been led by military lawyer if a judicial inquiry were held. Morning Herald dated February Morant, Peter Handcock and The British denied this and LordKitchener.In 1914,atthestart lawyer who defended them, if I James Unkles, a commander in He said a precedent to pardon 25, 1939, Paterson described meet- George Witton, is seeking justice Morant and Handcock were of World War I, Sir William was wrote to the Attorney-General it the Australian Naval Reserve, and the men existed after Britain ing Major Thomas, who carried over one of those events. executed. Witton had his death sent by London’s Daily Mail to might put before him an aspect of supported by descendants of the decided in 2006 to pardon 306 with him a large bundle of docu- William Beach Thomas, who sentence commuted to life in France as a war correspondent. the matter he may not have three soldiers. In his submission to World War I soldiers shot for ments relating to the trial. runs a corporate law practice in prison but was released after three JEREMY PIPER But Lord Kitchener, who was by thought of.’’ Mr McClelland, Mr Thomas said cowardice or desertion. Paterson quoted Thomas as Sydney, has written to Attorney- years following a public outcry in William Beach Thomas then Britain’s War Minister, did Mr Thomas said it was he believed Morant, Handcock There was no evidence to assess saying: ‘‘I wake up in the night General Robert McClelland call- Australia. Lord Kitchener ignored not want journalists reporting irrelevant if an injustice was and Witton were denied natural each case individually but injus- now, feeling that Morant must ing for a judicial commission into the court martial’s recommen- By a twist of fortune, another of from the Western Front. Sir Wil- perpetrated five years or 100 years justice. tices were done in some cases, so a have believed that he had some the 1902 trial and sentence of dations for clemency and did not Mr Thomas’s relatives, and his liam, who was knighted for his ago. His grand-uncle, Major Tho- blanket pardon was issued. authorityforwhathedidandthatI Morant, Handcock and Witton by give the men an opportunity to namesake, Sir William Beach contributiontojournalism,wasar- ‘‘Justice knows no time frame,’’ mas, a country solicitor and news- He said he was convinced Brit- ought to have been able to con- British military authorities. petition King Edward VII. Thomas, also had a run-in with rested and sent back to England. he said. ‘‘Were these men fairly paper editor from Tenterfield, was ain would not pardon the men un- vince the court of it.’’ STRONG DEMAND IN PERTH BOOSTS INCOMES Tort will impose runaway costs on society Salary boom not enough for most solicitors

CHRIS MERRITT What solicitors earn at major firms SYDNEY THE nation’s solicitors are in the Range midst of a salary boom that has Year Level Low High Mode lifted their incomes by a national GRAD $70,000 $80,000 $72,500 average of 23 per cent in a year. 1 $76,000 $95,000 $80,000 Law firms have been handing 2 $80,000 $110,000 $93,000 out 30 per cent pay rises to their 3 $88,000 $135,000 $106,000 star performers, have increased 4 $98,000 $140,000 $118,000 standard salary ‘‘bands’’ by 6.5 per 5+ (NOT SA) $106,000 $145,000 $125,000 cent and are struggling to recruit SA1 $138,000 $165,000 $146,000 all the lawyers they need. Firms are bringing in lawyers SA2 $148,000 $180,000 $164,000 from New Zealand and some are SA3 $163,000 $205,000 $180,000 running international recruit- SA4 $176,000 $230,000 $193,000 ment campaigns. SA5 / SC $183,000 $300,000 $250,000 Despite handing out bigger MELBOURNE bonuses this year, more than half Range of employed solicitors were not Year Level Low High Mode satisfied with the outcome of their 1 $66,000 $90,000 $74,000 salary review. 2 $73,000 $110,000 $85,000 The huge pay rises have been 3 $86,000 $120,000 $95,000 identified by the authoritative 4 $95,000 $135,000 $104,500 Mahlab Recruitment annual 5 $104,000 $150,000 $120,000 salary survey, which has also SA1 $110,000 $165,000 $134,000 identified a major restructuring of SA2 $130,000 $185,000 $153,500 the legal services market. Strong demand for legal ser- SA3 $145,000 $205,000 $165,000 vices in Western Australia means SA4 $155,000 $230,000 $175,000 that state’s solicitors now have the SA5/SPC $165,000 $320,000 $200,000 fastest-growing incomes in the PERTH nation. Range The income of Perth solicitors Year Level Low High Mode MORNE DE KLERK is on par with those in Melbourne GRAD $55,000 $73,000 $67,000 Home Affairs Minister Brendan O’Connor is spearheading the push for a statutory tort of privacy. Media lawyers warn it will diminish basic freedoms of speech and pay is even higher in some 1 $75,000 $83,000 $77,000 areas such as corporate and 2 $80,000 $98,000 $86,000 BRAND new torts do not come plan for a statutory tort of privacy compensate individuals they con- that might not be readily appar- mergers and acquisitions, the sur- 3 $88,000 $120,000 $100,000 PROTECTING along every day. And when they that looks like being fully devel- sidered worthy. ent. Instead, O’Connor has been vey says. 4 $97,000 $130,000 $105,000 do, their creators are guaranteed a oped when it emerges from the The problem was that the taking advice on privacy law from 5+ (NOT SA) $105,000 $150,000 $123,000 YOUR place in the legal history books. final stage of the process that has money being handed out the Australian Privacy Foun- The way things are going, SA1 $130,000 $160,000 $143,500 PRIVACY only just begun in Canberra. belonged to somebody else. And dation — an industry lobby group ‘For the first time in SA2 $145,000 $178,000 $163,000 Brendan O’Connor could soon The struggle to strip negligence that somebody was usually an that would like him to go well have a place of honour right of its excesses has clear lessons for insurance company. beyond a mere tort and impose decades, the fee SA3 $160,000 $200,000 $180,000 CHRIS MERRITT alongside the unfortunate snail O’Connor, who is under pressure Spigelman memorably criminal liability for some privacy income generated SA4 $170,000 $220,000 $193,000 LEGAL AFFAIRS EDITOR that crawled into a bottle of ginger to create a tort without first described negligence as the last breaches. by the top 10 firms SA5 / SC $185,000 $290,000 $230,000 beer, triggering a 1932 court case collecting hard data on the extent outpost of the welfare state. And If the federal government pres- in Australia BRISBANE that created the law of negligence. of the problem it is meant to that was all the excuse that former ses ahead with its proposed contracted’ Range But in one important aspect, address. Just before tort reform, NSW premier Bob Carr needed to privacy tort, O’Connor has made Year Level Low High Mode O’Connor’s efforts will surpass the negligence tort went wild, get tort reform rolling. it clear he is only interested in a TED DWYER 1 $63,000 $73,500 $68,500 those of the snail. The House of rampaging through the coffers of Which brings us to O’Connor. civil action. But media lawyers DWYER CONSULTING DIRECTOR 2 $70,000 $88,000 $80,000 Lords created the law of negli- the business community, local As midwife to a new tort he finds have already warned that it will 3 $75,000 $95,000 $84,000 gence in the famous case of councils and ultimately the himself in a position that might have a chilling effect on free The same trend is apparent in 4 $86,000 $110,000 $95,000 Donoghue v Stevenson. But its insurance industry. look odd to the tort reformers of a speech. partners’ incomes, with those at 5 $98,000 $130,000 $115,000 final shape — in Australia at least When former NSW chief jus- decade ago. But there are more tangible major firms in Melbourne pushed SA1 $120,000 $155,000 $135,000 — was not set until a wave of tort tice Jim Spigelman finally blew Unlike Spigelman and Carr, costs. The real impact of this tort intothirdplaceinthepaystakesat SA2 $130,000 $170,000 $155,000 reforms wound back its excesses the whistle, some judges were the proponents of the privacy tort would be felt by business and the $1.29 million, compared with almost 10 years ago. finding liability too readily, so have not yet grasped that liti- public sector — which will be ADELAIDE $1.32m in Perth and $1.38m in But O’Connor is working on a they could dole out money to gation imposes costs on society Continued on Page 34 Sydney. Range Mahlab’s survey has also ident- Year Level Low High Mode ified a migration ofwork and part- 1 $56,000 $65,000 $58,000 ners away from top-tier to mid- 2 $60,000 $75,000 $65,000 tier firms. 3 $65,000 $85,000 $78,500 Corrs snaffles China bureaucrat Firm leads the charge in It says the old labels of ‘‘top- 4 $75,000 $120,000 $85,500 tier’’ and ‘‘mid-tier’’ are no longer 5 $78,000 $135,000 $94,000 push for female partners meaningful because the pay gap is SA1 $90,000 $150,000 $110,000 not based on bricks and mortar Denton said, ‘‘requires our clients narrowingandtop-qualityworkis SA2 $95,000 $164,000 $130,000 ROWAN CALLICK but on deep relationships at peak to have a different level of know- available at smaller firms. ASIA-PACIFIC EDITOR levels in critical jurisdictions’’. ledge’’, which will be met by Exchange now recommends Thesurveysaystwokeyfactors WHAT PARTNERS EARN Thus Mr Denton’s own com- ‘‘Geoff’s deep set of relationships AINSLIE VAN ONSELEN disclosure by publicly listed have influenced firms in the past Firm Sydney Melbourne Perth Brisbane Adelaide GEOFF Raby, the ambassador to mitment to major involvement and his ability to explain the companies of the number of 1 year: the increasingly global MAJOR $1,380,000 $1,290,000 $1,325,000 $1,150,000 $830,000 China for 4 /2 years and an emi- with the G20, the Asia-Pacific country so that they will know women on boards, and the top nature of the Australian economy MID $856,000 $765,000 $745,000 $710,000 $580,000 nent economist, is moving into Economic Co-operation forum, best how to position themselves. four banks have set targets for and China’s enormous appetite SMALL $478,000 $420,000 $385,000 $375,000 $310,000 the law when he retires today the Australia-China chief execu- ‘‘He can explain to clients, with women in senior executive roles. for natural resources. COMMERCIAL from the Department of Foreign tives’ roundtable and the Business his great fluency, the roles of the For almost 12 months, Federal It says the arrival of several CBD Affairs and Trade, where he is also Council of Australia. He said: ‘‘We ruling Communist Party and the Sex Discrimination international firms is behind Source: Mahlab Recruitment a deputy secretary. see Geoff as taking a position at government, the private sector Commissioner Elizabeth moves by major local firms to He will stay in Beijing after his the centre of this strategy.’’ and the emerging second cities.’’ Broderick has called for shrink the size of their partner- terms with their external legal ‘‘Some firms’ top-line growth successor, Frances Adamson, Corrs’ lawyers travel often into Corrs also represents a number professional services firms, ships to core business areas and to providers. contracted by 10 per cent.’’ takes charge at the embassy. the Asia-Pacific region, but are of state-owned enterprises in including the top 100 law firms, to slow the progression to partner- Law firm consultant Ted Mr Dwyer said the market for Dr Raby has assembled a port- based in its offices in Sydney, Mel- Australia, and Dr Raby will ‘‘help THE legal profession has a new publish targets in their annual ship in non-core practices. Dwyer, who launched the survey legal services was undergoing a folio of roles in a consultancy he is bourne, Brisbane and Perth. them understand how to navigate male champion of change in John reports to ‘‘make their CEOs and The survey also finds law firms for Mahlab, said the pay rises dynamic transformation, which establishing. And the first such The uniqueness of China, Mr the Australian system, including Denton, managing partner of board management teams are coming under renewed pres- came after a watershed perform- he described as ‘‘de-leveraging’’. role to be announced is as co- the need to be seen as responsible Corrs Chambers Westgarth. accountable’’. sure from their corporate clients. ance last year. He said it was a mistake to see chair of Corrs Chambers West- investors, since he has operated at Along with fellow partner Finally, at Corrs at least, what Mahlab found that 58 per cent ‘‘For the first time in decades, this as just a method of contract- garth’s China business group. peak levels in both China and Christine Covington, who is gets measured will actually count. of companies it surveyed said the the fee income generated by the ing so that firms could reduce Corrs’s chief executive John Australia, with government and heading up the firm’s diversity As part of its gender diversity volume of work briefed to exter- top 10 firms in Australia contrac- their overheads. ‘‘Think of it more Denton said yesterday that in with business’’. council, they have led the charge strategy, Corrs has announced it is nal legal providers had fallen in ted — and we are not talking as a process of creating a leaner, China ‘‘we have a deliberate Julia Gillard visited Corrs’ Mel- to become the first large increasing its target proportion of the past year. about small numbers or percent- fitter and more client-focused and alternate strategy to our bourne office yesterday to partici- Australian firm to pioneer the women to at least 35 per cent in A quarter of respondents said ages either,’’ said Mr Dwyer, the organisation,’’ Mr Dwyer said. competitors’’. pate in a discussion involving the introduction of targets for female the partnership and 40 per cent in their companies were outsourc- director of Dwyer Consulting. ‘‘It is less about protecting Corrs does not employ staff think tank Per Capita. partnership. senior management roles by 2015. ing legal work to overseas pro- ‘‘Depending on who you talk existing ways to create profit but permanently in offices there. Its Mr Denton said: ‘‘We want to This action follows similar But a target for equity viders and 29 per cent said their to, the top 10 firms lost $150m to more about finding new ways to strategy in China and elsewhere be involved in big-picture policy moves by corporate Australia. partnership has not been set. company had negotiated new $200m in fee income in a year. create high levels of profit.’’ in the region, Mr Denton said, ‘‘is Geoff Raby issues that shape the agenda.’’ The Australian Securities Continued on Page 34