www.lawyersweekly.com.au

THIS WEEK

TAXING ISSUESBreaking down the carbon price

IN-DEPTH

PROPER CONDUCTLawyers get uniform rules

OPINION

WE’RE WATCHING YOUSpying on the regulators

542 Print Post Approved 255003/05160

Why lawyers still can’t talk about mental illness

Friday 15 July 2011

SPEAKNO EVIL

LEGAL LEADERS

PAVING THE WAYTony McAvoy shares his story

OPINION

WE’RE WATCHING YOUSpying on the regulators

LEGAL LEADERS

PAVING THE WAYTony McAvoy shares his story

L W_ 5 4 1 . p g 0 0 1 . p d f P a g e 1 1 1 / 0 7 / 1 1 , 2 : 0 4 P M

DOL172 ALW#541 Pay rise ALW FP 235x 297mm July 8, 2011 5:23 PM

Client approval: ______________

Studio approval: ______________

Expecting more this financial year?

In-house

Hong Kong | Project2 – 4 yearsNo Mandarin required. This is an excellent opportunity for a junior lawyer interested in an exciting and challenging role overseas with a reputable international firm. On offer is cutting edge work in multiple jurisdictions across the region. An opportunity such as this has become rare for non-Mandarin speakers. If you have a background in project work then you should give serious consideration to this unique opportunity. Ref: HK/4298/RL

Hong Kong | Corporate Finance4 years +International law firm with a leading Asia Pacific practice is searching for a Commonwealth qualified finance lawyer to advise on financings involving mergers and acquisitions, joint ventures, regulatory and compliance financing and debt restructuring transactions. Your experience should be gained from a top tier or respected mid tier law firm. Chinese speaking ability will be highly regarded but is not necessary for this role. Ref: HK/4233/RL

Singapore | Project Finance3 – 6 yearsOur client is one of the leading global law firms for project finance transactions advising on complex project structuring and development, financing and large scale construction in China. A role for a Commonwealth qualified associate with strong technical ability in drafting and negotiation of offtake, concession, supply and marketing agreements as well as EPC/ O&M is urgently needed. Mandarin is helpful but not essential. Ref: BEI/4264/RL

Sydney | Commercial Property Senior AssociateNew and exciting opportunity for a talented SA to work with leading partners, advising on a range of commercial property matters, including acquisitions and disposals, property developments, major leases, subdivisions and complex title issues. Knowledge of GST and other tax implications relating to property matters and strong negotiation and drafting skills as essential. High calibre client base and challenging and interesting work on offer. Ref: SYD/4339/GG

Sydney | Corporate/Commercial3 years +This large mid-tier firm has a new opportunity for a dynamic corporate/commercial lawyer with a minimum of 3 years of solid experience. Broad client base from a range of different industry sectors, including information technology & telecommunications, transport, health and automotive. The work includes structuring, asset protection, acquisitions and sales of businesses, commercial leases, due diligence, negotiating and drafting contracts and general advisory work. Ref: SYD/4369/GG

Sydney | Corporate Advisory1 – 4 yearsOur client is a leading national firm and has a vacancy in its Sydney office for a junior lawyer to join their corporate team. You will work with great mentors and gain plenty of hands on experience working for clients in the energy, infrastructure, telecommunications and electricity industries. Work includes, regulatory and compliance, competition, trade practices, consumer protection and some IP matters. Great opportunity. Ref: SYD/4094/GG

Sydney | Insolvency & Restructuring 2 – 4 yearsOur client is tier one firm with unparalleled expertise in Restructuring and Insolvency. The team has worked on most of the major insolvencies and corporate collapses in Australia over the past decade. The role will involve contentious and non-contentious insolvency matters including distressed investing, debt trading financial restructuring, distressed M&A, creditor’s schemes of arrangements and large scale administrations and winding up actions including cross boarder matters. Ref: SYD/4366/AM

Sydney | Property (Hotel & Tourism) Senior Associate An opportunity has arisen for a senior associate level lawyer with expertise in commercial real estate property transactions with a particular emphasis on the hotel, tourism and gaming industries to join this busy group. The role will involve advising on all aspects of property transactions, including assisting clients with acquisitions and disposals, joint venture arrangements, property management, advising on relevant hotel and gaming regulatory issues, development projects, leasing and property financing arrangements. Ref: SYD/4366/AM

Sydney | Projects Senior AssociateOur client is a highly regarded national firm with an outstanding reputation for its people focused culture and first rate legal services. The Construction and Projects group is currently working on some of Australia’s largest major construction and infrastructure projects including PPPs and cross boarder deals. They are seeking a senior associate level lawyer with experience in construction, ideally a mix of front and back end. Ref: SYD/4294/RL

Sydney | Funds 2 – 4 yearsAn exciting opportunity for a junior lawyer has opened up in our client’s expanding Funds team. If you have 2-4 years M&A or financial products/investments experience gained at a well respected law firm or industry player, a strong commitment to client service and thrive in a collaborative, team based environment then this is the role for you. Great mentorship offered by industry leaders. Ref: SYD/4135/OH

Sydney | PPS 2 – 4 yearsNew junior Personal Properties Securities role has arisen is our client’s expanding banking & finance team. You must have 2+ years experience in personal property securities working for either a New Zealand or Canadian law firm, or through advising at a leading Australian firm. Strong academics and good technical skills are essential. Stimulating work advising top class clients. Ref: SYD/4354/OH

Sydney | Commercial PropertySenior AssociateThis premier group acts for multi-national corporates, major investment banks and others in the acquisition and financing of infrastructure and property projects. A rare opportunity exists for a talented SA with project management ability to join this respected firm. Applicants from top tier and highly regarded mid tier law firms are encouraged to apply. Ref: SYD/4202/OH

Sydney | Construction (front-end) 5 – 7 yearsNew, front end construction role working on a high profile project and for a highly regarded infrastructure company. You will work closely with a key business unit advising on a range of engineering services contracts, subcontracts and commercial agreements. Experience in a mid or top tier firm or respected engineering, construction or infrastructure firm is desired. Ref: SYD/4362/OH

Sydney | Banking2 – 4 yearsExciting and diverse banking & finance role has arisen within this major international bank. Ideal first in-house move for a dynamic lawyer from a major firm with experience across financing transactions, loan structuring, DCM or derivatives. Excellent verbal and written communication skills are also a must! Enjoy a first class, complex workload within a collegiate, high-performing team environment. Ref: SYD/4363/DS

Perth | Legal Counsel4 years +Leading international mining business with global operations is looking to expand their team with an additional dynamic lawyer. Broad range of work available including corporate/commercial matters, employment and disputes. Top-tier experience is required in one or more of these areas. Join a close knit, collegiate team with scope to develop your career in Australia and overseas. Ref: PER/4355/DS

International

Private Practice

For a full list of active roles that Dolman is working on throughout the worldwide visit www.dolman.com.auFor further information please contact one of our consultants for a confidential discussion: Alex McIntyre, Olivia Harvey, Gail Greener ,Ralph Laughton and Daniel Stirling.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

L W_ 5 4 2 . p g 0 0 2 . p d f P a g e 2 1 1 / 0 7 / 1 1 , 7 : 1 7 A M

L AW Y E R S W E E K LY 15 J U LY 2 011 3

“ Just receiving that sort of recognition from my peers, and being acknowledged and singled out amongst all of my colleagues ... was quite a signifi cant moment for me”

Tony McAvoy on being named the inaugural Indigenous Legal Practitioner of the Year – page 16ContentsRegulars Features

18

COVER STORY: As two magistrates are forced to publicly plead to save their careers, the Australian legal community’s battle to achieve cultural change and remove the stigma associated with mental illness continues. Briana Everett reports

OPINION: Richard Gilbert argues that regulators also need to be scrutinised to ensure their actions are open and transparent

6 THIS WEEK: A round-up of the latest legal news

10 IN-DEPTH: As Australia moves towards a national profession, a uniform set of conduct rules has been created. Briana Everett talks to LCA president Alexander Ward

12 IN-DEPTH: As another member of the Bali Nine loses his fi nal appeal against the death penalty, Australia must look at preventing its agencies from breaching their obligations under international law. Claire Chaffey reports

16 LEGAL LEADERS: Native title barrister Tony McAvoy tells Claire Chaffey why law and education are the way forward for Indigenous Australians

24 CAREER COUNSEL: Employers who implement drawn-out recruitment processes risk missing out on their preferred candidates

26 FOLKLAW: The lighter side of the law

BPL2149

Darwin is a modern capital city with a bustling commercial centre nestled amongst some of Australia’s most spectacular scenery. A move to Darwin will make commuting a thing of the past, offer a relaxed lifestyle and place you at the gateway to Asia. Cridlands MB is the leading fi rm in the Darwin market, with a professional focus, strong client base and up-front values.

The disputes group at Cridlands MB is respected locally and regarded nationally as one of the leaders in the top-end. Its clients come from a range of industries including property and construction, B&F, energy and resources, government and insurance. It is well established and is made up of loyal and high-quality clients. Cridlands MB prides itself on its values, client service, relaxed approach and work/life balance. It offers assistance with relocation, and realistic opportunities for progression, including partnership.

Litigation lawyers at Cridlands MB are encouraged to develop key areas of interest while retaining a breadth of practice that keeps

them stimulated. For senior lawyers and partners there is an opportunity to drive growth and build on relationships as well as infl uence the strategic direction of the practice. More junior lawyers are encouraged to develop their client facing skills, run fi les with support, and be mentored in an open and up-front manner.

Cridlands MB now seeks expressions of interest from litigation lawyers seeking to move to Darwin either immediately or in the short to medium term. Specifi cally, lawyers whose skills fi t into the practice areas listed above, who have quality experience and are looking for either a medium or long term move to a lifestyle location like Darwin. Both mid-level and senior lawyers are sought and an appointment to salaried partner is possible for the right lawyer.

To discuss these exclusively retained roles call Paul Burgess on 03 8676 0372 or email a CV to paul@bplr.com.au (Direct and 3rd party applications will be forwarded to Burgess Paluch.)

www.bplr.com.au Paul Burgess 0414 687 629 Doron Paluch 0438 004 445 Paul Garth 0434 113 355 Chris Papas 0438 057 161 paul@bplr.com.au

Darwin - Litigation Roles Associate to Partner level Top-tier Darwin fi rm

14

L W_ 5 4 2 . p g 0 0 3 . p d f P a g e 3 1 1 / 0 7 / 1 1 , 2 : 1 0 P M

DOL172 ALW#541 Pay rise ALW FP 235x 297mm July 8, 2011 5:23 PM

Client approval: ______________

Studio approval: ______________

Expecting more this financial year?

In-house

Hong Kong | Project2 – 4 yearsNo Mandarin required. This is an excellent opportunity for a junior lawyer interested in an exciting and challenging role overseas with a reputable international firm. On offer is cutting edge work in multiple jurisdictions across the region. An opportunity such as this has become rare for non-Mandarin speakers. If you have a background in project work then you should give serious consideration to this unique opportunity. Ref: HK/4298/RL

Hong Kong | Corporate Finance4 years +International law firm with a leading Asia Pacific practice is searching for a Commonwealth qualified finance lawyer to advise on financings involving mergers and acquisitions, joint ventures, regulatory and compliance financing and debt restructuring transactions. Your experience should be gained from a top tier or respected mid tier law firm. Chinese speaking ability will be highly regarded but is not necessary for this role. Ref: HK/4233/RL

Singapore | Project Finance3 – 6 yearsOur client is one of the leading global law firms for project finance transactions advising on complex project structuring and development, financing and large scale construction in China. A role for a Commonwealth qualified associate with strong technical ability in drafting and negotiation of offtake, concession, supply and marketing agreements as well as EPC/ O&M is urgently needed. Mandarin is helpful but not essential. Ref: BEI/4264/RL

Sydney | Commercial Property Senior AssociateNew and exciting opportunity for a talented SA to work with leading partners, advising on a range of commercial property matters, including acquisitions and disposals, property developments, major leases, subdivisions and complex title issues. Knowledge of GST and other tax implications relating to property matters and strong negotiation and drafting skills as essential. High calibre client base and challenging and interesting work on offer. Ref: SYD/4339/GG

Sydney | Corporate/Commercial3 years +This large mid-tier firm has a new opportunity for a dynamic corporate/commercial lawyer with a minimum of 3 years of solid experience. Broad client base from a range of different industry sectors, including information technology & telecommunications, transport, health and automotive. The work includes structuring, asset protection, acquisitions and sales of businesses, commercial leases, due diligence, negotiating and drafting contracts and general advisory work. Ref: SYD/4369/GG

Sydney | Corporate Advisory1 – 4 yearsOur client is a leading national firm and has a vacancy in its Sydney office for a junior lawyer to join their corporate team. You will work with great mentors and gain plenty of hands on experience working for clients in the energy, infrastructure, telecommunications and electricity industries. Work includes, regulatory and compliance, competition, trade practices, consumer protection and some IP matters. Great opportunity. Ref: SYD/4094/GG

Sydney | Insolvency & Restructuring 2 – 4 yearsOur client is tier one firm with unparalleled expertise in Restructuring and Insolvency. The team has worked on most of the major insolvencies and corporate collapses in Australia over the past decade. The role will involve contentious and non-contentious insolvency matters including distressed investing, debt trading financial restructuring, distressed M&A, creditor’s schemes of arrangements and large scale administrations and winding up actions including cross boarder matters. Ref: SYD/4366/AM

Sydney | Property (Hotel & Tourism) Senior Associate An opportunity has arisen for a senior associate level lawyer with expertise in commercial real estate property transactions with a particular emphasis on the hotel, tourism and gaming industries to join this busy group. The role will involve advising on all aspects of property transactions, including assisting clients with acquisitions and disposals, joint venture arrangements, property management, advising on relevant hotel and gaming regulatory issues, development projects, leasing and property financing arrangements. Ref: SYD/4366/AM

Sydney | Projects Senior AssociateOur client is a highly regarded national firm with an outstanding reputation for its people focused culture and first rate legal services. The Construction and Projects group is currently working on some of Australia’s largest major construction and infrastructure projects including PPPs and cross boarder deals. They are seeking a senior associate level lawyer with experience in construction, ideally a mix of front and back end. Ref: SYD/4294/RL

Sydney | Funds 2 – 4 yearsAn exciting opportunity for a junior lawyer has opened up in our client’s expanding Funds team. If you have 2-4 years M&A or financial products/investments experience gained at a well respected law firm or industry player, a strong commitment to client service and thrive in a collaborative, team based environment then this is the role for you. Great mentorship offered by industry leaders. Ref: SYD/4135/OH

Sydney | PPS 2 – 4 yearsNew junior Personal Properties Securities role has arisen is our client’s expanding banking & finance team. You must have 2+ years experience in personal property securities working for either a New Zealand or Canadian law firm, or through advising at a leading Australian firm. Strong academics and good technical skills are essential. Stimulating work advising top class clients. Ref: SYD/4354/OH

Sydney | Commercial PropertySenior AssociateThis premier group acts for multi-national corporates, major investment banks and others in the acquisition and financing of infrastructure and property projects. A rare opportunity exists for a talented SA with project management ability to join this respected firm. Applicants from top tier and highly regarded mid tier law firms are encouraged to apply. Ref: SYD/4202/OH

Sydney | Construction (front-end) 5 – 7 yearsNew, front end construction role working on a high profile project and for a highly regarded infrastructure company. You will work closely with a key business unit advising on a range of engineering services contracts, subcontracts and commercial agreements. Experience in a mid or top tier firm or respected engineering, construction or infrastructure firm is desired. Ref: SYD/4362/OH

Sydney | Banking2 – 4 yearsExciting and diverse banking & finance role has arisen within this major international bank. Ideal first in-house move for a dynamic lawyer from a major firm with experience across financing transactions, loan structuring, DCM or derivatives. Excellent verbal and written communication skills are also a must! Enjoy a first class, complex workload within a collegiate, high-performing team environment. Ref: SYD/4363/DS

Perth | Legal Counsel4 years +Leading international mining business with global operations is looking to expand their team with an additional dynamic lawyer. Broad range of work available including corporate/commercial matters, employment and disputes. Top-tier experience is required in one or more of these areas. Join a close knit, collegiate team with scope to develop your career in Australia and overseas. Ref: PER/4355/DS

International

Private Practice

For a full list of active roles that Dolman is working on throughout the worldwide visit www.dolman.com.auFor further information please contact one of our consultants for a confidential discussion: Alex McIntyre, Olivia Harvey, Gail Greener ,Ralph Laughton and Daniel Stirling.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

L W_ 5 4 2 . p g 0 0 2 . p d f P a g e 2 1 1 / 0 7 / 1 1 , 7 : 1 7 A M

L AW Y E R S W E E K LY 15 J U LY 2 011 3

“ Just receiving that sort of recognition from my peers, and being acknowledged and singled out amongst all of my colleagues ... was quite a signifi cant moment for me”

Tony McAvoy on being named the inaugural Indigenous Legal Practitioner of the Year – page 16ContentsRegulars Features

18

COVER STORY: As two magistrates are forced to publicly plead to save their careers, the Australian legal community’s battle to achieve cultural change and remove the stigma associated with mental illness continues. Briana Everett reports

OPINION: Richard Gilbert argues that regulators also need to be scrutinised to ensure their actions are open and transparent

6 THIS WEEK: A round-up of the latest legal news

10 IN-DEPTH: As Australia moves towards a national profession, a uniform set of conduct rules has been created. Briana Everett talks to LCA president Alexander Ward

12 IN-DEPTH: As another member of the Bali Nine loses his fi nal appeal against the death penalty, Australia must look at preventing its agencies from breaching their obligations under international law. Claire Chaffey reports

16 LEGAL LEADERS: Native title barrister Tony McAvoy tells Claire Chaffey why law and education are the way forward for Indigenous Australians

24 CAREER COUNSEL: Employers who implement drawn-out recruitment processes risk missing out on their preferred candidates

26 FOLKLAW: The lighter side of the law

BPL2149

Darwin is a modern capital city with a bustling commercial centre nestled amongst some of Australia’s most spectacular scenery. A move to Darwin will make commuting a thing of the past, offer a relaxed lifestyle and place you at the gateway to Asia. Cridlands MB is the leading fi rm in the Darwin market, with a professional focus, strong client base and up-front values.

The disputes group at Cridlands MB is respected locally and regarded nationally as one of the leaders in the top-end. Its clients come from a range of industries including property and construction, B&F, energy and resources, government and insurance. It is well established and is made up of loyal and high-quality clients. Cridlands MB prides itself on its values, client service, relaxed approach and work/life balance. It offers assistance with relocation, and realistic opportunities for progression, including partnership.

Litigation lawyers at Cridlands MB are encouraged to develop key areas of interest while retaining a breadth of practice that keeps

them stimulated. For senior lawyers and partners there is an opportunity to drive growth and build on relationships as well as infl uence the strategic direction of the practice. More junior lawyers are encouraged to develop their client facing skills, run fi les with support, and be mentored in an open and up-front manner.

Cridlands MB now seeks expressions of interest from litigation lawyers seeking to move to Darwin either immediately or in the short to medium term. Specifi cally, lawyers whose skills fi t into the practice areas listed above, who have quality experience and are looking for either a medium or long term move to a lifestyle location like Darwin. Both mid-level and senior lawyers are sought and an appointment to salaried partner is possible for the right lawyer.

To discuss these exclusively retained roles call Paul Burgess on 03 8676 0372 or email a CV to paul@bplr.com.au (Direct and 3rd party applications will be forwarded to Burgess Paluch.)

www.bplr.com.au Paul Burgess 0414 687 629 Doron Paluch 0438 004 445 Paul Garth 0434 113 355 Chris Papas 0438 057 161 paul@bplr.com.au

Darwin - Litigation Roles Associate to Partner level Top-tier Darwin fi rm

14

L W_ 5 4 2 . p g 0 0 3 . p d f P a g e 3 1 1 / 0 7 / 1 1 , 2 : 1 0 P M

4 L AW Y E R S W E E K LY 15 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteONCE AGAIN, the ugly spectre of mental illness within the legal profession has reared its ugly head.

Over the past 12 months or so, the issues on which Lawyers Weekly has reported in relation to mental illness have been stacked towards the positive side: lawyers speaking out about mental illness and encouraging others to do the same; top-tier law fi rms banding together to tackle the issue within their ranks; and well-known fi gures encouraging lawyers to recognise the signs of mental illness so they can help themselves and others.

The overwhelming message has been that the legal profession can and will face up to the challenge of mental illness.

But as senior journalist Briana Everett discovers this week, many in the legal profession still fear disastrous consequences if their battle with mental illness was to become public knowledge (see Briana’s story on page 18).

This was certainly the case with magistrates Brian Maloney and Jennifer Betts, who recently appeared before the NSW Legislative Council to justify why they should keep their positions in light of their mental illnesses.

While the issues regarding mental illness at a judicial level are murky, the tragedy of Maloney and Betts’ situation is that the effect will likely trickle down into law fi rms. Will lawyers now be too scared to speak up or ask for help, given what has happened to some of the country’s leading legal minds? As journalists, we have the privileged position of gaining insight into what is really happening in any given situation, and the sad fact remains that we hear far too many tales of lawyers suffering from mental illness – whether it be depression, anxiety or another condition.

Off the record, the stories of lawyers of all levels being diagnosed with stomach ulcers, suffering from panic attacks which prevent them from sleeping, or having to leave their jobs due to stress-induced illnesses are all too common.

Many are giving up high-paying jobs to move in-house or into the public sector because they simply can’t bear the thought of walking into their offi ce. Many more are giving up the law altogether. And who would blame them? Is it really worth it?

While the efforts of those working towards a more open, accepting legal profession must be applauded, nothing will ever really change until lawyers are in an environment where the triggers for mental illness are less prevalent.

Until then, let’s hope that the experiences of Maloney and Betts are not enough to dissuade those who need help from seeking it.

Tweet, tweet Get your 140 characters of must-know legal news via @lawyersweekly

Friendly facesFollow Lawyers Weekly on Facebook at www.facebook.com/lawyersweekly

Have your say Do you have something you’d like to share? Send an email to editor@lawyersweekly.com.au or phone (02) 9422 2875. Alternatively, go to www.lawyersweekly.com.au and make a comment online.

TOP 10 STORIES ONLINE THIS WEEK

1 Allen & Overy partners earn $2.4 million 2 Melbourne Law School ranks in world top ten 3 Australian solicitors get uniform conduct rules 4 Mallesons partner appointed to bench 5 Lawyer wins mad dash to Finnish line 6 Non-profi t practice fi lls the gap 7 Law group obtains damning documents 8 Outsourcing pioneer decides US is best after all 9 Hong Kong dreaming10 Grad jobs drop but law stays strong

NEXT WEEK

Lawyers Weekly is getting its Brit on, bringing you all the need-to-know info about what is happening in London (and it doesn’t involve Kate and Wills). We’ll let you know what’s hot in the legal market, plus trends and tips to land that London role.

E D I T O R I A L B O A R D Lawyers Weekly is delighted to have the following

industry leaders on its editorial board

A B O U T U S Editor: Justin Whealing

Deputy Editor: Claire ChaffeySenior Journalist: Briana Everett

Journalist: Stephanie QuineDesigner: Ken McClaren

Design Manager: Anthony Vandenberg Senior Online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes

Senior Account Manager Stephen Richards

SUBSCRIBE TODAYLawyers Weekly is published weekly and is

available by subscription. Please email subscriptions@lawyersweekly.com.au

All subscription payments should be sent to: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067

ADVERTISING ENQUIRIES: Adrian Fellowes

sales@lawyersweekly.com.au(02) 9422 2134 (mob) 0407 489 060

Stephen Richards stephen.richards@lexisnexis.com.au(02) 9422 2891 (mob) 0429 305 836

EDITORIAL ENQUIRIES: Justin Whealing

justin.whealing@lexisnexis.com.au (02) 9422 2832 All mail for the editorial department should be sent to:

Lawyers Weekly, Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067

CAB MEMBER SINCESEPTEMBER 2000

Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Offi cer, LexisNexis Australia or email privacy@lexisnexis.com.au. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

Deputy Editor, Claire Chaffey

Nick Abrahams Partner and

Sydney chairman, Norton Rose

Helen McKenzie Deputy

managing partner,

Blake Dawson

Sharon Cook Managing

partner, Henry Davis York

David CowlingPartner,

Clayton Utz

Ewen Crouch Chairman of

partners, Allens Arthur Robinson

Sue GilchristPartner and

practice leader (intellectual

property group), Freehills

Andrew GrechManaging director, Slater & Gordon

Will IrvingGroup general counsel, Telstra Corporation

Joe CatanzaritiPartner, Clayton Utz

Robert MillinerChief executive partner, Mallesons Stephen Jaques

Megan PittDirector, Australian Government Solicitor

Lucinda SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

L W_ 5 4 2 . p g 0 0 4 . p d f P a g e 4 1 1 / 0 7 / 1 1 , 2 : 0 9 P M L W_ 5 4 2 . p g 0 0 5 . p d f P a g e 5 1 1 / 0 7 / 1 1 , 7 : 2 8 A M

4 L AW Y E R S W E E K LY 15 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteONCE AGAIN, the ugly spectre of mental illness within the legal profession has reared its ugly head.

Over the past 12 months or so, the issues on which Lawyers Weekly has reported in relation to mental illness have been stacked towards the positive side: lawyers speaking out about mental illness and encouraging others to do the same; top-tier law fi rms banding together to tackle the issue within their ranks; and well-known fi gures encouraging lawyers to recognise the signs of mental illness so they can help themselves and others.

The overwhelming message has been that the legal profession can and will face up to the challenge of mental illness.

But as senior journalist Briana Everett discovers this week, many in the legal profession still fear disastrous consequences if their battle with mental illness was to become public knowledge (see Briana’s story on page 18).

This was certainly the case with magistrates Brian Maloney and Jennifer Betts, who recently appeared before the NSW Legislative Council to justify why they should keep their positions in light of their mental illnesses.

While the issues regarding mental illness at a judicial level are murky, the tragedy of Maloney and Betts’ situation is that the effect will likely trickle down into law fi rms. Will lawyers now be too scared to speak up or ask for help, given what has happened to some of the country’s leading legal minds? As journalists, we have the privileged position of gaining insight into what is really happening in any given situation, and the sad fact remains that we hear far too many tales of lawyers suffering from mental illness – whether it be depression, anxiety or another condition.

Off the record, the stories of lawyers of all levels being diagnosed with stomach ulcers, suffering from panic attacks which prevent them from sleeping, or having to leave their jobs due to stress-induced illnesses are all too common.

Many are giving up high-paying jobs to move in-house or into the public sector because they simply can’t bear the thought of walking into their offi ce. Many more are giving up the law altogether. And who would blame them? Is it really worth it?

While the efforts of those working towards a more open, accepting legal profession must be applauded, nothing will ever really change until lawyers are in an environment where the triggers for mental illness are less prevalent.

Until then, let’s hope that the experiences of Maloney and Betts are not enough to dissuade those who need help from seeking it.

Tweet, tweet Get your 140 characters of must-know legal news via @lawyersweekly

Friendly facesFollow Lawyers Weekly on Facebook at www.facebook.com/lawyersweekly

Have your say Do you have something you’d like to share? Send an email to editor@lawyersweekly.com.au or phone (02) 9422 2875. Alternatively, go to www.lawyersweekly.com.au and make a comment online.

TOP 10 STORIES ONLINE THIS WEEK

1 Allen & Overy partners earn $2.4 million 2 Melbourne Law School ranks in world top ten 3 Australian solicitors get uniform conduct rules 4 Mallesons partner appointed to bench 5 Lawyer wins mad dash to Finnish line 6 Non-profi t practice fi lls the gap 7 Law group obtains damning documents 8 Outsourcing pioneer decides US is best after all 9 Hong Kong dreaming10 Grad jobs drop but law stays strong

NEXT WEEK

Lawyers Weekly is getting its Brit on, bringing you all the need-to-know info about what is happening in London (and it doesn’t involve Kate and Wills). We’ll let you know what’s hot in the legal market, plus trends and tips to land that London role.

E D I T O R I A L B O A R D Lawyers Weekly is delighted to have the following

industry leaders on its editorial board

A B O U T U S Editor: Justin Whealing

Deputy Editor: Claire ChaffeySenior Journalist: Briana Everett

Journalist: Stephanie QuineDesigner: Ken McClaren

Design Manager: Anthony Vandenberg Senior Online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes

Senior Account Manager Stephen Richards

SUBSCRIBE TODAYLawyers Weekly is published weekly and is

available by subscription. Please email subscriptions@lawyersweekly.com.au

All subscription payments should be sent to: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067

ADVERTISING ENQUIRIES: Adrian Fellowes

sales@lawyersweekly.com.au(02) 9422 2134 (mob) 0407 489 060

Stephen Richards stephen.richards@lexisnexis.com.au(02) 9422 2891 (mob) 0429 305 836

EDITORIAL ENQUIRIES: Justin Whealing

justin.whealing@lexisnexis.com.au (02) 9422 2832 All mail for the editorial department should be sent to:

Lawyers Weekly, Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067

CAB MEMBER SINCESEPTEMBER 2000

Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Offi cer, LexisNexis Australia or email privacy@lexisnexis.com.au. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

Deputy Editor, Claire Chaffey

Nick Abrahams Partner and

Sydney chairman, Norton Rose

Helen McKenzie Deputy

managing partner,

Blake Dawson

Sharon Cook Managing

partner, Henry Davis York

David CowlingPartner,

Clayton Utz

Ewen Crouch Chairman of

partners, Allens Arthur Robinson

Sue GilchristPartner and

practice leader (intellectual

property group), Freehills

Andrew GrechManaging director, Slater & Gordon

Will IrvingGroup general counsel, Telstra Corporation

Joe CatanzaritiPartner, Clayton Utz

Robert MillinerChief executive partner, Mallesons Stephen Jaques

Megan PittDirector, Australian Government Solicitor

Lucinda SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

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thisweek

Australia supports Pacific legal industryThe Federal Government

announced $485,000 in assist-ance to help develop the legal profession in countries across the Pacific. The funding will help support the Australian legal profession’s pro bono work in the Pacific, including funding to assist the Law Council to establish and administer a clearing house to match up international pro bono projects with Australian law firms. The announcement coincides with this week’s Commonwealth Law Ministers Meeting in Sydney.

Greek crisis can’t dull M&AM&A activity is staying strong in Australia in the face of

brewing doubt offshore, according to the latest Thomson Reuters league tables. The tables indicate that the value of completed M&A deals in Australia and New Zealand is up 26.1 per cent compared to last quarter, and up 322.9 per cent compared to the same period last year. Despite recent caution over the Greek debt situation, there has been strong deal activ-ity across multiple sectors - something which Freehills partner Rebecca Maslen-Stan-nage said is cause for optimism.

Law books go digitalLexisNexis Australia launched a mobile service

to give lawyers, law students and academics greater access to practitioner and academic legal texts. The new eBooks provide legal research and texts to most mobile devices, including the iPad, iPhone, iPod touch and other eReader devices. Twenty-one titles have been launched in digital format in areas like corporations law, consumer law and competition law.

The decision to lift the suspension of live cattle exports to indonesia was hasty and made to appease the cattle industry, said Voiceless.

condemning the Government’s decision announced on 6 July by Minister for Agriculture, Fisheries and Forestry senator Joe Ludwig to reopen trade with indonesia, animal protection institute Voiceless questioned the viability of the supply chains which, according to senator Ludwig, must meet the international standards contained in the World Animal health guidelines (oie).

“These new orders allow the export of live cattle only where animals can be managed through supply chains that meet international standards,” explained Ludwig. “These strict new conditions have been written into all export permits.”

According to Ludwig, the new conditions require exporters to trace cattle from properties onto vessels, into feedlots and into abattoirs that meet “agreed international standards”.

“Up until Tuesday, Minister Ludwig has been The W

eb

Govt lifts ban to appease cattle industryarguing that a supply chain assurance is needed before the trade is resumed to ensure animal welfare. he is now saying that live cattle can be exported through supply chains that meet international standards. We strongly doubt the viability of those supply chains,” said Voiceless legal counsel Ruth hatten.

“They place large responsibilities on exporters to ensure adherence to the standards and they require regular independent audits. how regular will these audits be? Who will conduct them? how extensive will they be? how long will it take for the audits to be made public?”

According to Voiceless, the international standards referred to by Ludwig are not enforceable and are not adequate to ensure animal welfare.

“The Government has rushed this decision to appease the industry - a decision that does not appear to provide any legal safeguards for animal welfare. The Government cannot guarantee that the brutalities we saw on Four corners will not happen again.”

6 L Aw y e r s w e e k Ly 15 j u Ly 2 011 w w w.law yersweekly.com.au

Sydney was awarded the dubious title of the world’s sixth most expensive city by the Economist Intelligence Unit, making it pricier than Rome, Berlin, Hong Kong and London.

Full-time employment was growing at its fastest rate since the global financial crisis, with workers snapping up jobs in mining, education, health care and finance.

The Federal Court slammed Optus with a $5.26 million fine for false advertising in what is the nation’s biggest ever fine for breaching consumer protection laws.

Queensland’s tourism sector began to recover from the battering it received after Cyclone Yasi and the floods, with the State Tourism Minister saying visitor figures from the Easter break were strong.

The European Central Bank lifted its interest rate for the second time this year in an attempt to halt inflation from spreading throughout the European Union, raising it to 1.5 per cent.

RE W IND

L W_ 5 4 2 . p g 0 0 6 . p d f P a g e 6 1 1 / 0 7 / 1 1 , 1 : 4 1 P M

thisweek

L AW Y E R S W E E K LY 15 J U LY 2 011 7

ARNOLD BLOCH LEIBLER (ABL) has acted for the owners of online parenting and pregnancy guide Kidspot in its sale to Australian media giant News Limited, advised by Allens Arthur Robinson.

News acquired 100 per cent of Kidspot, which operates websites including Kidspot.com.au and Birth.com.au, as well as the SheSpot advertising portfolio.

The websites attract around 1.3 million visitors a month and currently account for around 10 per cent of the total online consumer goods advertising market. Kidspot boasts 31,000 fans on Facebook, representing one of the largest, most active fan bases of any Australian media group.

The deal was led by ABL partner Jonathan Wenig, and lawyers Jeremy Lanzer and Tegan Rudolph.

News would not disclose how much it paid for Kidspot, but sources familiar with the sales process, handled by advisory

Carter Newell adds one to partnershipCarter Newell Lawyers appointed

insurance lawyer Stephen White to its partnership. Joining the fi rm in 2007, White’s areas of expertise include public liability, product liability and property damage.

DLA Piper boosts Canberra offi ceDLA Piper promoted Canberra-based

senior associate Catherine Power to the fi rm’s partnership. A government and litigation lawyer, Power has extensive experience advising both federal government and large insurer clients. The fi rm also appointed former Clayton Utz lawyer Simone Mitchell as a special counsel in its litigation and regulatory practice.

Rigby poaches Corrs partnerRigby Cooke Lawyers appointed former Corrs Chamber

Westgarth partner Jeremy Johnson to its construction and major projects group. Johnson formerly ran his own specialist building and construction practice in Victoria and brings over 20 years experience across commercial and construction law.

Allens poaches CounsellAllens Arthur Robinson appointed former Clifford Chance

(CC) lawyer Debra Counsell as a special counsel in the fi rm’s energy and resources practice group in Melbourne. Counsell was formerly in the projects, energy and infrastructure group at CC in Paris, where she worked across Europe, Africa and the Middle East. She previously worked in Vietnam in what is now Allens’ Hanoi offi ce.

Deal name:News Limited purchase of Australian online parenting and maternity sitesKey Players:Arnold Bloch Leibler, Allens Arthur Robinson

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

ABL acts on big kids deal

group Lexicon Partners, said the price would be close to $50 million, reported The Australian. It is understood other parties, including Fairfax, considered Kidspot during the sale process.

“There was a sale process that led up to the transaction that was quite involved but ultimately both parties saw a lot of value in the deal and the negotiation was hard but quick,” said Wenig.

Founder and chief executive of Kidspot, Katie May, said the deal will prove extremely attractive to advertisers as Kidspot will be “backed by News’ massive scale and infrastructure”.

“Our [users] will still access Kidspot at the same URL but can expect even more touch points, more reasons to engage and more connections,” said May.

ABL has acted for Kidspot since its inception but this deal was the fi rm’s “last step in what is a much longer journey”, said Wenig.

Andrew Reily Richard Hayes Michael Hansel

Firm Baker & McKenzie (TFS Corporation Ltd) Minter Ellison (initial purchasers)

Mallesons Stephen Jaques (bank syndicate) Allens Arthur Robinson (JBS)

HopgoodGanim (Arrow Energy) McCullough Robertson (ERM Power Ltd)

Deal name High-yield bond offer by Australian sandalwood plantation company TFS

New facility funding to world’s largest meat company, JBS.

Arrow Energy purchase of Braemar 2 interest

Area Corporate Banking and fi nance Corporate

Value $US150 million ($139.9 million)

$US850 million ($791.2 million)

$66.1 million

Key players Bakers partner Andrew Reilly

Mallesons partner Richard Hayes

HopgoodGanim partner Michael Hansel

L W_ 5 4 2 . p g 0 0 7 . p d f P a g e 7 7 / 0 7 / 1 1 , 9 : 1 7 A M

thisweek

Australia supports Pacific legal industryThe Federal Government

announced $485,000 in assist-ance to help develop the legal profession in countries across the Pacific. The funding will help support the Australian legal profession’s pro bono work in the Pacific, including funding to assist the Law Council to establish and administer a clearing house to match up international pro bono projects with Australian law firms. The announcement coincides with this week’s Commonwealth Law Ministers Meeting in Sydney.

Greek crisis can’t dull M&AM&A activity is staying strong in Australia in the face of

brewing doubt offshore, according to the latest Thomson Reuters league tables. The tables indicate that the value of completed M&A deals in Australia and New Zealand is up 26.1 per cent compared to last quarter, and up 322.9 per cent compared to the same period last year. Despite recent caution over the Greek debt situation, there has been strong deal activ-ity across multiple sectors - something which Freehills partner Rebecca Maslen-Stan-nage said is cause for optimism.

Law books go digitalLexisNexis Australia launched a mobile service

to give lawyers, law students and academics greater access to practitioner and academic legal texts. The new eBooks provide legal research and texts to most mobile devices, including the iPad, iPhone, iPod touch and other eReader devices. Twenty-one titles have been launched in digital format in areas like corporations law, consumer law and competition law.

The decision to lift the suspension of live cattle exports to indonesia was hasty and made to appease the cattle industry, said Voiceless.

condemning the Government’s decision announced on 6 July by Minister for Agriculture, Fisheries and Forestry senator Joe Ludwig to reopen trade with indonesia, animal protection institute Voiceless questioned the viability of the supply chains which, according to senator Ludwig, must meet the international standards contained in the World Animal health guidelines (oie).

“These new orders allow the export of live cattle only where animals can be managed through supply chains that meet international standards,” explained Ludwig. “These strict new conditions have been written into all export permits.”

According to Ludwig, the new conditions require exporters to trace cattle from properties onto vessels, into feedlots and into abattoirs that meet “agreed international standards”.

“Up until Tuesday, Minister Ludwig has been

The Web

Govt lifts ban to appease cattle industryarguing that a supply chain assurance is needed before the trade is resumed to ensure animal welfare. he is now saying that live cattle can be exported through supply chains that meet international standards. We strongly doubt the viability of those supply chains,” said Voiceless legal counsel Ruth hatten.

“They place large responsibilities on exporters to ensure adherence to the standards and they require regular independent audits. how regular will these audits be? Who will conduct them? how extensive will they be? how long will it take for the audits to be made public?”

According to Voiceless, the international standards referred to by Ludwig are not enforceable and are not adequate to ensure animal welfare.

“The Government has rushed this decision to appease the industry - a decision that does not appear to provide any legal safeguards for animal welfare. The Government cannot guarantee that the brutalities we saw on Four corners will not happen again.”

6 L Aw y e r s w e e k Ly 15 j u Ly 2 011 w w w.law yersweekly.com.au

Sydney was awarded the dubious title of the world’s sixth most expensive city by the Economist Intelligence Unit, making it pricier than Rome, Berlin, Hong Kong and London.

Full-time employment was growing at its fastest rate since the global financial crisis, with workers snapping up jobs in mining, education, health care and finance.

The Federal Court slammed Optus with a $5.26 million fine for false advertising in what is the nation’s biggest ever fine for breaching consumer protection laws.

Queensland’s tourism sector began to recover from the battering it received after Cyclone Yasi and the floods, with the State Tourism Minister saying visitor figures from the Easter break were strong.

The European Central Bank lifted its interest rate for the second time this year in an attempt to halt inflation from spreading throughout the European Union, raising it to 1.5 per cent.

RE W IND

L W_ 5 4 2 . p g 0 0 6 . p d f P a g e 6 1 1 / 0 7 / 1 1 , 1 : 4 1 P M

thisweek

L AW Y E R S W E E K LY 15 J U LY 2 011 7

ARNOLD BLOCH LEIBLER (ABL) has acted for the owners of online parenting and pregnancy guide Kidspot in its sale to Australian media giant News Limited, advised by Allens Arthur Robinson.

News acquired 100 per cent of Kidspot, which operates websites including Kidspot.com.au and Birth.com.au, as well as the SheSpot advertising portfolio.

The websites attract around 1.3 million visitors a month and currently account for around 10 per cent of the total online consumer goods advertising market. Kidspot boasts 31,000 fans on Facebook, representing one of the largest, most active fan bases of any Australian media group.

The deal was led by ABL partner Jonathan Wenig, and lawyers Jeremy Lanzer and Tegan Rudolph.

News would not disclose how much it paid for Kidspot, but sources familiar with the sales process, handled by advisory

Carter Newell adds one to partnershipCarter Newell Lawyers appointed

insurance lawyer Stephen White to its partnership. Joining the fi rm in 2007, White’s areas of expertise include public liability, product liability and property damage.

DLA Piper boosts Canberra offi ceDLA Piper promoted Canberra-based

senior associate Catherine Power to the fi rm’s partnership. A government and litigation lawyer, Power has extensive experience advising both federal government and large insurer clients. The fi rm also appointed former Clayton Utz lawyer Simone Mitchell as a special counsel in its litigation and regulatory practice.

Rigby poaches Corrs partnerRigby Cooke Lawyers appointed former Corrs Chamber

Westgarth partner Jeremy Johnson to its construction and major projects group. Johnson formerly ran his own specialist building and construction practice in Victoria and brings over 20 years experience across commercial and construction law.

Allens poaches CounsellAllens Arthur Robinson appointed former Clifford Chance

(CC) lawyer Debra Counsell as a special counsel in the fi rm’s energy and resources practice group in Melbourne. Counsell was formerly in the projects, energy and infrastructure group at CC in Paris, where she worked across Europe, Africa and the Middle East. She previously worked in Vietnam in what is now Allens’ Hanoi offi ce.

Deal name:News Limited purchase of Australian online parenting and maternity sitesKey Players:Arnold Bloch Leibler, Allens Arthur Robinson

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

ABL acts on big kids deal

group Lexicon Partners, said the price would be close to $50 million, reported The Australian. It is understood other parties, including Fairfax, considered Kidspot during the sale process.

“There was a sale process that led up to the transaction that was quite involved but ultimately both parties saw a lot of value in the deal and the negotiation was hard but quick,” said Wenig.

Founder and chief executive of Kidspot, Katie May, said the deal will prove extremely attractive to advertisers as Kidspot will be “backed by News’ massive scale and infrastructure”.

“Our [users] will still access Kidspot at the same URL but can expect even more touch points, more reasons to engage and more connections,” said May.

ABL has acted for Kidspot since its inception but this deal was the fi rm’s “last step in what is a much longer journey”, said Wenig.

Andrew Reily Richard Hayes Michael Hansel

Firm Baker & McKenzie (TFS Corporation Ltd) Minter Ellison (initial purchasers)

Mallesons Stephen Jaques (bank syndicate) Allens Arthur Robinson (JBS)

HopgoodGanim (Arrow Energy) McCullough Robertson (ERM Power Ltd)

Deal name High-yield bond offer by Australian sandalwood plantation company TFS

New facility funding to world’s largest meat company, JBS.

Arrow Energy purchase of Braemar 2 interest

Area Corporate Banking and fi nance Corporate

Value $US150 million ($139.9 million)

$US850 million ($791.2 million)

$66.1 million

Key players Bakers partner Andrew Reilly

Mallesons partner Richard Hayes

HopgoodGanim partner Michael Hansel

L W_ 5 4 2 . p g 0 0 7 . p d f P a g e 7 7 / 0 7 / 1 1 , 9 : 1 7 A M

thisweek

8 L AW Y E R S W E E K LY 15 J U LY 2 011 w w w.law yersweekly.com.au

Melbourne Law School has been classed as the highest law school in Australia and the 9th highest in the world by the Quacquarelli Symonds (QS) World University Rankings.

Released in London on 4 July, the QS World University Rankings evaluate graduate education and are the fi rst to rank universities at individual subject level in the world.

Melbourne Law School’s top status follows its ranking as “well above world standard” earlier this year by the Australian Research Council, which saw it become one of only two universities in Australia to receive the highest ranking for law.

“The rankings demonstrate that Melbourne Law School is performing at the highest international level and can justifi ably claim to be one of the world’s leading law schools,” said Melbourne Law School dean Professor Carolyn Evans.

“To see Melbourne ranked in the top ten law schools in the world, alongside institutions such as Harvard, Oxford and Yale is a wonderful recognition of our international standing.”

The QS Rankings use a methodology tailored to fi t each subject, with rankings based on academic reputation, employer reputation and citations per paper.

The Fair Work Ombudsman (FWO) has gained approval to use its own legal team to conduct all its civil penalty litigations.

The Federal Government has granted the national employment regulator a 12-month exemption from the Legal Services Directions 2005.

While Attorney-General Robert McClelland fi rst approved the use of in-house lawyers in 2008 for court matters involving employee underpayments, the approval has now been broadened to allow the FWO’s legal team to run all its cases.

In addition, in-house lawyers will be able to conduct enforcement proceedings to recover outstanding court penalties.

The FWO currently has a team of 37 lawyers headed by its Sydney-based chief counsel, Janine Webster.

Formerly the agency’s executive director of national litigation, Webster’s team comprises a director of legal practice, special counsel, seven principal lawyers, 12 senior lawyers, 16 lawyers and four support staff.

Although she does not intend to use her in-house team for every matter, Webster said it is important for the agency to have the fl exibility to do so where appropriate.

“There will always be a need for external fi rms to conduct some of our work where it is outside our expertise or existing resources don’t permit the proper conduct of the matter,” said Webster.

“However, in a specialised environment such as our

own, that should be the exception rather than the rule and when we do, we will expect value for money.”

BUSINESSES MUST prepare for the various legal ramifi cations of the Labor Government’s new plan for a “clean energy future”, according to climate change lawyers.

In her address to the nation last week, Prime Minister Julia Gillard confi rmed the controversial carbon tax will come into play from 1 July next year, forcing approximately 500 “big polluters” to pay $23 for every tonne of carbon they release into the atmosphere. The carbon price per tonne is set to increase from $23 to $24.15 in 2013-14 and $25.40 in 2014-15, with an emissions trading scheme (ETS) to come into force on 1 July 2015.

Governing the future of one of the top 20 polluters in the world, the ultimate goal of the Australian Government’s new carbon policy is to cut the nation’s carbon emissions by 5 per cent by 2020, cutting 160 million tonnes per year of carbon pollution.

“Putting a price on carbon is a big change for our country,” Prime Minister Gillard said. “I know we can do it together. Our economy is the envy of the world. We have world-leading renewable technology, a coal industry determined to cut pollution among the world’s richest reserves of natural gas.”

According to Clayton Utz partners Graeme Dennis and Brendan Bateman, businesses must ensure they understand the potential impact of the carbon price and the risks of a future ETS.

In particular, the introduction of a carbon price, according to Dennis and Bateman, could trigger “change of law” clauses in long-term supply contracts, which could lead to wholesale contract negotiations and disputes over pricing.

“If the new carbon pricing mechanism falls within the defi nition of ‘change of law’ in a particular contract, there are a couple of possible scenarios,” said Dennis. “One could be a forced renegotiation of the contract and a dispute between the parties over how the increased costs resulting from the change in law should be factored into the new price.”

In relation to the issue of carbon price pass-through, there will also be the question of liability for the obligations under the new scheme.

According to Bateman, the point of obligation under the new scheme will be imposed on the facility operator and not the parent company, as was the case under the original CPRS.

“This will need to be carried across into the legislation if potential impediments to carbon price pass through are to be avoided,” he said.

Melbourne Law School ranks in world top 10

Carbon tax brings legal challenges

Fair Work Ombudsman to use own lawyers

conduct of the matter,” said Webster.“However, in a specialised

environment such as our own, that should be the

exception rather than the rule and when we do, we will expect value for money.”

L W_ 5 4 2 . p g 0 0 8 . p d f P a g e 8 1 1 / 0 7 / 1 1 , 3 : 0 2 P M

thisweek

8 L AW Y E R S W E E K LY 15 J U LY 2 011 w w w.law yersweekly.com.au

Melbourne Law School has been classed as the highest law school in Australia and the 9th highest in the world by the Quacquarelli Symonds (QS) World University Rankings.

Released in London on 4 July, the QS World University Rankings evaluate graduate education and are the fi rst to rank universities at individual subject level in the world.

Melbourne Law School’s top status follows its ranking as “well above world standard” earlier this year by the Australian Research Council, which saw it become one of only two universities in Australia to receive the highest ranking for law.

“The rankings demonstrate that Melbourne Law School is performing at the highest international level and can justifi ably claim to be one of the world’s leading law schools,” said Melbourne Law School dean Professor Carolyn Evans.

“To see Melbourne ranked in the top ten law schools in the world, alongside institutions such as Harvard, Oxford and Yale is a wonderful recognition of our international standing.”

The QS Rankings use a methodology tailored to fi t each subject, with rankings based on academic reputation, employer reputation and citations per paper.

The Fair Work Ombudsman (FWO) has gained approval to use its own legal team to conduct all its civil penalty litigations.

The Federal Government has granted the national employment regulator a 12-month exemption from the Legal Services Directions 2005.

While Attorney-General Robert McClelland fi rst approved the use of in-house lawyers in 2008 for court matters involving employee underpayments, the approval has now been broadened to allow the FWO’s legal team to run all its cases.

In addition, in-house lawyers will be able to conduct enforcement proceedings to recover outstanding court penalties.

The FWO currently has a team of 37 lawyers headed by its Sydney-based chief counsel, Janine Webster.

Formerly the agency’s executive director of national litigation, Webster’s team comprises a director of legal practice, special counsel, seven principal lawyers, 12 senior lawyers, 16 lawyers and four support staff.

Although she does not intend to use her in-house team for every matter, Webster said it is important for the agency to have the fl exibility to do so where appropriate.

“There will always be a need for external fi rms to conduct some of our work where it is outside our expertise or existing resources don’t permit the proper conduct of the matter,” said Webster.

“However, in a specialised environment such as our

own, that should be the exception rather than the rule and when we do, we will expect value for money.”

BUSINESSES MUST prepare for the various legal ramifi cations of the Labor Government’s new plan for a “clean energy future”, according to climate change lawyers.

In her address to the nation last week, Prime Minister Julia Gillard confi rmed the controversial carbon tax will come into play from 1 July next year, forcing approximately 500 “big polluters” to pay $23 for every tonne of carbon they release into the atmosphere. The carbon price per tonne is set to increase from $23 to $24.15 in 2013-14 and $25.40 in 2014-15, with an emissions trading scheme (ETS) to come into force on 1 July 2015.

Governing the future of one of the top 20 polluters in the world, the ultimate goal of the Australian Government’s new carbon policy is to cut the nation’s carbon emissions by 5 per cent by 2020, cutting 160 million tonnes per year of carbon pollution.

“Putting a price on carbon is a big change for our country,” Prime Minister Gillard said. “I know we can do it together. Our economy is the envy of the world. We have world-leading renewable technology, a coal industry determined to cut pollution among the world’s richest reserves of natural gas.”

According to Clayton Utz partners Graeme Dennis and Brendan Bateman, businesses must ensure they understand the potential impact of the carbon price and the risks of a future ETS.

In particular, the introduction of a carbon price, according to Dennis and Bateman, could trigger “change of law” clauses in long-term supply contracts, which could lead to wholesale contract negotiations and disputes over pricing.

“If the new carbon pricing mechanism falls within the defi nition of ‘change of law’ in a particular contract, there are a couple of possible scenarios,” said Dennis. “One could be a forced renegotiation of the contract and a dispute between the parties over how the increased costs resulting from the change in law should be factored into the new price.”

In relation to the issue of carbon price pass-through, there will also be the question of liability for the obligations under the new scheme.

According to Bateman, the point of obligation under the new scheme will be imposed on the facility operator and not the parent company, as was the case under the original CPRS.

“This will need to be carried across into the legislation if potential impediments to carbon price pass through are to be avoided,” he said.

Melbourne Law School ranks in world top 10

Carbon tax brings legal challenges

Fair Work Ombudsman to use own lawyers

conduct of the matter,” said Webster.“However, in a specialised

environment such as our own, that should be the

exception rather than the rule and when we do, we will expect value for money.”

L W_ 5 4 2 . p g 0 0 8 . p d f P a g e 8 1 1 / 0 7 / 1 1 , 3 : 0 2 P M

thisweek

l aw y e r s w e e k ly 15 j u ly 2 011 9

us firm dips into ParisBoston firm Foley Hoag has opened its first overseas office with the hire of Winston & Strawn duo Bruno

Leurent and Thomas Bevilacqua in Paris, reports The Lawyer. Foley Hoag is the third North American firm to open in Paris this year, following McDermott Will & Emery and Canada’s Heenan Blaikie. Leurent and Bevilacqua are both litigators and arbitrators and will extend the firm’s litigation practice to a key centre for international arbitration.

all rise German workhorses Associates across Germany have been called to claim thou-sands of euros from their employers for

overworking them, reports The Lawyer. A letter from a boutique employment firm, sent to all leading law firms in Germany, called lawyers to take action, using timesheets as evidence that their working hours have exceeded those allowed under the German Working Time Act. The Act prevents employers from forcing staff to work more than 48 hours in a week or 10 hours per day.

a&O confirms junior keepersAllen & Overy has come forward as the first magic circle firm to confirm retention rates for its autumn 2011

qualifiers, reports The Lawyer. The firm has offered jobs to only 39 out of its 53 final seat trainee solicitors, with 38 accepting positions resulting in a 72 per cent retention rate. This is the lowest rate reported by A&O for over three years with the firm boasting a 91 per cent retention rate in spring 2009 when it employed 51 trainees.

Innocent detained with guilty UK police illegally detained children as young as 11 for more than six hours during an operation against tuition

fee protesters, the High Court has been told, reports The Lawyer. Three detainees are challenging the decision by senior officers to contain youngsters – some of whom were wearing school uniforms – among masses of demon-strators on Whitehall in November. The case focuses attention on police use of the indiscriminate tactic to prevent groups of people moving through the streets.

US/U

K U

pdateAllen & Overy (A&O) released their financial results last week, with the firm making a distributable profit of just over $684 million.

Figures from the United Kingdom financial year ending 30 April 2011 show that turnover increased by 7 per cent to $US1.87 billion ($1.75 billion). That left the profit-per- equity partner stable at $US1.8 million and distributable profit up 6 per cent to $US759.8 million.

Turnover from offices outside the United Kingdom accounted for close to 60 per cent of the firm’s revenue.

“The Asia-Pacific has done really well,” Allen & Overy global managing partner Wim Dejonghe told Lawyers Weekly. “The region is booming and we have expanded quite rapidly in the region and have doubled our amount of partners over the last two years.”

Dejonghe cited the increasing amount of cross-border work in the Asia-Pacific as being a particularly fertile source of enabling that growth.

While A&O did not release the financial results of individual offices, Dejonghe said the firm’s two Australian offices in Perth and Sydney performed strongly.

“We were very happy with [our Australian practice],” he said. “Australia was ahead of expectations and did really well.”

Allen & Overy Perth managing partner Geoff Simpson confirmed with Lawyers Weekly that both the firm’s Sydney and Perth offices came in above budget for the UK financial year

“The themes are the strength and size of the capital flows between this part of the world and Asia … From our perspective you are seeing a lot of Chinese, Indian and other investment into Australia,” he said. “We are focusing on M&A, banking and energy and resources and financial institutions, and all of those things have worked well.”

recent lucrative transactions the firm has acted

Allen & Overy’s revenue increased for the last financial year – and its partners enjoyed some bulging pay packets. Justin Whealing reports

Top a&O partners earn $2.4 million

on include advising SABMiller on its $10 billion-plus proposal to purchase Foster’s, and Barrick Gold’s $7.1 billion offer to purchase all of the shares in equinox.

The firm reported an operating profit before tax of £431.2 million ($647.4 million) for the year ending 30 April 2011, slightly up on last year’s figure of £428 million.

Average profits per full partner remained stable at £1.1 million ($1.7 million), with the firm’s increased revenue being soaked up by an extra 43 full-equity partners being appointed by the firm before 30 April.

The firm reports that it has 487 partners, of which 398 are full-equity partners.

All of Allen & Overy’s Australian partners are equity partners.

Under the firm’s partnership structure, the highest paid full-equity partners can receive as much as £1.6 million ($2.4 million).

To earn that level of income, a partner must be on 50 profit sharing points, the highest level within the firm.

The firm’s full partners are on between the minimum level of 20 profit sharing points and

50 points. Partners on 20 points attracted a profit payment of £642,000 ($963,800). Partners are able to increase the amount of

profit sharing points attributed to them by two points per year.

Clifford Chance recently announced that its average profit-per-partner figure

was £1 million ($1.5 million).In releasing its financial results,

Allen & Overy also announced it had made 33 lateral partner appointments up to 30 April. Over

half of those (17) were in Australia, with the firm poaching 14 partners from Clayton Utz in opening offices in Sydney and Perth last year. Allen & Overy currently has 21 partners

in Australia.In 2010, the firm also opened

offices in Athens and Doha, and an associated office in Jakarta. The firm will also be opening an additional office in Washington DC later this month, and an operational support

and legal services centre in Belfast before the end of the year.

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indepth

Following work undertaken by the Law Council of Australia and its constituent bodies over the last two years, a single, uniform set of conduct rules for solicitors across the country has fi nally been created. Briana Everett reports

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First released as a consultation draft in early 2010 as part of the move towards a national legal profession, the fi nal version of the Australian Solicitors’

Conduct Rules has been endorsed by the Law Council of Australia (LCA).

The revised rules were adopted by the LCA when it met in Canberra on 18 June. At that meeting, the state and territory law society members of the LCA resolved to urge the adoption of the Rules in every state and territory of Australia.

“The process has actually been going on for a decade and has been driven by the move towards uniformity. It runs parallel to the national profession project,” said LCA president Alex Ward.

Uniformity for conduct rules

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“We’ve had some fairly robust debate over a couple of the rules” ALEXANDER WARD, PRESIDENT, LAW COUNCIL OF AUSTRALIA

“Over the last two years, but perhaps more intently in the last 12 to 18 months, there’s been quite an extensive and very broad consultation between the Law Council constituent bodies on those rules. They’ve been really good discussions because once you get down to conduct rules, some are very easy but some are very subtle. [As a result] they’ve only just been fi nalised as of June this year.”

While the new rules do not contain any signifi cant changes, there is a particular focus on rules relating to solicitors acting for clients and former clients.

“I don’t think there will be major changes, although we’ve had some fairly robust debate over a couple of the rules, but it’s not like the profession will have to be completely re-educated,” said Ward.

“Acting against former clients is a very signifi cant issue. In the world of business Australia-wide, that is a much different issue than it would have been in the 1950s. The rules should be fl exible so they deal with changes in practice whilst recognising the basic fundamentals of law.”

Following the fi nalisation of the Rules, the law societies will now work to have them adopted in each state and territory.

Their adoption by each state and territory will ensure all of Australia’s solicitors are bound by a common set of professional obligations and ethical principles when dealing with their clients, the courts, fellow legal professionals and regulators.

“The expectation and the hope is that they’re all accepted. But the issue arises that every jurisdiction has a different way of dealing with their conduct rules, but certainly the indications are very positive,” said Ward. “The South Australian Law Society said they’ll be moving quite quickly to introduce the new rules. Western Australia has just introduced new rules, in the middle of last year, so that might mean the process in that particular jurisdiction might be a bit more diffi cult than others.”

According to Ward, the sooner each state adopts the rules, the better, as Australia moves closer towards nationalisation of the profession.

“The Rules are a good precursor to the national profession project, which we’re hoping is going to start rolling out.” LW

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indepth

A ustralia must enshrine into law the principle of prohibiting Australian agencies from assisting foreign authorities with criminal matters if

Australians could be exposed to the death penalty, the Human Rights Law Centre (HRLC) has said.

Speaking to Lawyers Weekly after the revelation that yet another member of the Bali Nine, Myuran Sukumaran, lost his final appeal against a death sentence for smuggling heroin in 2005, the HRLC’s Ben Schokman said that Australia must now implement legislation which will prevent similar incidents.

In April 2005, nine Australian citizens were arrested in Bali for drug smuggling after the Australian Federal Police (AFP) tipped off Indonesian authorities about their activities. Sukumaran and fellow smuggler Andrew Chan were convicted and sentenced to death by firing squad.

The AFP’s actions occurred despite the fact that Australia is a signatory to the second optional protocol to the International Covenant on Civil and Political Rights (ICCPR) which is aimed at the abolition of the death penalty.

The protocol requires Australia to take all necessary measures to abolish the death penalty within its jurisdiction, as well as take

To the gallows

all necessary measures within its control to avoid the potential of the death penalty being applied to Australian citizens.

“The concern is that the provisions under Australia’s mutual assistance legislation weren’t sufficient to prevent Australian agencies from providing that information, which then led to the imposition of the death penalty,” said Schokman.

“So there are concerns that Australia is in breach of its obligations under the second optional protocol to the ICCPR.”

Since the incident, a bill has been drafted which would amend both the Mutual Assistance in Criminal Matters Act 1987 and the Extradition Act 1988, though it is yet to be passed.

“It is proposed that providing mutual assistance in circumstances where there are substantial grounds to believe that the death penalty may be imposed would be prohibited under that act,” said Schokman. “What Australia needs to do, in order to comply with international legal obligations, is to ensure that it enshrines those protections in domestic law so that any Australian agencies, including the AFP, would not be able to provide information in similar circumstances to what happened with the Bali Nine.”

The AFP implemented guidelines in 2009, at the request of the Attorney-General, which are designed to ensure that such an incident would not happen again, but Schokman said these are insufficient.

“The reason that you want it enshrined in law is that obviously those protections are then very hard to change or repeal,” he said. “If you have guidelines, they are just guidelines and there are no ramifications if they are not complied with.”

As another member of the Bali Nine loses his final appeal against the death penalty, Australia must look at preventing its agencies from breaching their obligations under international law. Claire Chaffey writes

Indonesia’s Supreme Court has now confirmed that Sukumaran and Chan will face the firing squad unless Susilo Bambang Yudhoyono, the Indonesian president, grants clemency.

The Law Council of Australia last week supported the men’s cause, with president Alexander Ward saying he hopes they will be granted clemency.

“We respect the Indonesian laws and its sovereignty but we hope [they] will have their sentences commuted particularly in light of their age, demonstrable repentance and commendable attempts to rehabilitate themselves and make a valuable contribution to the prison community,” he said in a statement.

“It is our position that no person should be subjected to the death penalty, irrespective of their nationality, the nature of the crime they are alleged to have committed or the time and place of its alleged commission … It has no proven impact on general deterrence and it denies the young and foolish the opportunity to turn their lives around and make a positive contribution to the community.

“While we respect the courts ruling, we hope mercy will prevail.” LW

“The concern is that the provisions under Australia’s mutual assistance legislation weren’t sufficient to prevent Australian agencies from providing that information, which then led to the imposition of the death penalty”

Ben SchokmAn, direcTor - inTernATionAL humAn righTS AdvocAcy, humAn righTS LAW cenTre

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opinion

On 15 June 2011, the Rule of Law Institute of Australia CEO Richard Gilbert addressed a Federal Parliamentary Joint Committee on the coercive powers of ASIC. He argued that the regulators also need to be scrutinised to ensure their actions are open and transparent.

Who watches the

watchers?

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opinion

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Parliament has conferred on our regulators extensive coercive powers to give them access to information and documents that might assist their market

enforcement functions. These powers include the right to request documents from individuals, the right to question citizens in the absence of a right for that citizen to exercise a right of silence, the right to enter property and seize documents and computer files, and the right to conduct telephone taps and electronic eavesdropping.

Some of these incursions into fundamental rights and liberties must first be sanctioned by a judicial officer. Others can be exercised via a non-reviewable administrative decision of the regulator.

It is important that regulators are given sufficient powers to ensure that our markets and commercial activities operate with integrity and certainty, and that compliance with the law is the norm. However, it is equally important that due respect is paid to the rule of law and that regulators are accountable for their actions, that citizens have access to the courts to challenge a regulator’s decision, and that the regulator can be held accountable to the body which conferred that power: the Parliament.

Beginning with the publication of a report on the exercise of coercive powers in 2008 by the Administrative Review Council (ARC), the Parliament has taken a more intense interest in coercive powers and their use by regulators. Principally, this has happened in the Senate Economics Committee during Estimates hearings (led by Senator David Bushby), but more recently, the oversight committee for ASIC - the Joint Parliamentary Committee on Corporations and Financial Services (PJCCFS) - has taken a special interest. In a departure from past practice, the PJCCFS called on a non-government agency, the Rule of Law Institute of Australia (RoLIA), to give evidence. RoLIA made the following points when it appeared on 15 June 2011:n Commonwealth regulators need to respond to the recommendations of the 2008 ARC report. The report contains 20 well-formulated best practice principles which should be adopted by each and every regulator;n There is no consistency of approach for regulators to report to Parliament on the use of their coercive powers. Some agencies do it well, others not at all;n Regulators need to be more open in the administration of their powers. They need to publish detailed annual statistics on the use of their powers in their annual reports. The PJCCFS needs to access data on key regulatory indicators as this data could assist the committee and ASIC to

assess whether the regulatory risk quotient might be on the rise and/or signal the need for tougher regulation;n In the absence of reliable data, regulators and their parliamentary overseers will be prone to making decisions on hunches rather than facts. In relation to ASIC’s enhanced and keenly-sought additional surveillance powers (search and wire taps) which the Parliament passed in November 2010, it was discovered at the June Estimates 2011 that these powers had not been used since they took effect in December 2010;n Regulators need to publish policy statements on how they use their powers – some have these on their web sites but most do not;

“It is equally important that due respect is paid to the rule of law and that regulators are accountable for their actions”RIchaRd GIlbeRt

n Regulators need to develop decision-making procedures which include at least some separation of powers between the officer making a recommendation on an exercise of coercion and the officer who makes the final decision;n Agencies need to be careful when conducting market intelligence projects, and avoid “fishing expeditions”, as these can be costly for businesses and, at the same time, diminish the respect which those regulated have for their regulators;n In the new age of open and accountable corporate governance it is time for all of the key economic regulators to take the lead of APRA and publish codes of practice and governance. There should be disclosure of material interests for those who preside over our regulatory agencies, and statements of compliance should be included

in annual reports to parliament. To ASIC’s credit, it wrote to the Committee

on the day of RoLIA’s appearance and reported on its review of its powers, which included consultations with external stakeholders. Importantly, ASIC reported that it complies with 18 of the 20 ARC best practice rules, and that it was working towards full compliance by addressing the transparency and accountability principles. In coming months, ASIC will post on its website a plain English guide to how it uses its powers. It will also design and deliver new training programs, and it will provide statistics on the use of its powers in its 2011 Annual Report to Parliament.

Offshore learningThe Committee will now prepare its next report on ASIC oversight, assisted by ASIC’s submissions and also a supplementary submission by RoLIA which the Committee requested, and which covers some of the recent offshore developments in this facet of regulatory oversight.

RoLIA advised the Committee that in the US, section 961 of the Dodd-Frank Act requires that the SEC provide the Senate Committee on Banking, Housing and Urban Affairs, and the House Committee on Financial Services, a report on the “supervisory controls” over the conduct by the SEC of examinations of registered entities, enforcement investigations, and reviews of corporate financial securities filings. The report is required to be provided not later than 90 days after the end of each fiscal year. That report was given to Congress on 30 September 2010.

In the UK, there is also a system of checks on the regulator, the Financial Services Authority (FSA). The FSA is an independent non-governmental body, given statutory powers by the Financial Services and Markets Act 2000. In 2010 the FSA was given new statutory powers to enable it to require a person to provide information and documents that the FSA considers are or might be relevant to the stability of the UK financial system.

The grant of these new powers was accompanied by statutory safeguards, which require the FSA to prepare a statement of its policy with respect to the exercise of the new powers for approval by the Treasury, and that the FSA may not exercise the new powers until the approved policy statement has been published.

The PJCCFS’s oversight of ASIC is both proactive and diligent. It reflects well on a Committee which does its business in a non-partisan manner. By signing up to the ARC report, ASIC has provided quality leadership to other regulators who now need to be more proactive in this area. lW

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legalleaders

There are myriad reasons why people choose to pursue a career in law, but for Sydney-based barrister Tony McAvoy, it was a desire to own a motorbike.

Having enrolled in a Bachelor of Arts after completing high school, McAvoy took himself down to the Aboriginal Legal Service (ALS) in Brisbane to see if he could earn some summer-holiday dollars to put towards a motorbike, which would be his transport to and from university.

Once at the ALS, however, the principal legal officer took one look at McAvoy’s grades and politely suggested he might want to enroll in a law degree instead.

Five years later, McAvoy had completed his degree and his articles and, in 1988, was admitted as a solicitor in Queensland.

McAvoy is now one of Australia’s leading native title barristers, having acted as counsel on numerous drawn-out and high-profile cases in what is an extremely demanding and, for McAvoy, a somewhat personal line of work.

Just last week, he successfully earned native title recognition, through consent determinations obtained in the Federal Court, for the Quandamooka People of North Stradbroke Island. They are now recognised as the rightful owners of 54,408 hectares of land and waters on the island and the determinations bring to an end claims which have been running since the mid-1990s.

For McAvoy, working on this case has been one of his career highlights.

“It is significant for me in a number of respects; firstly, because it is a very important, strategic win for native title in that it is on the doorstep of Brisbane city. It is the furthest south that any native title claim has ever been successful in Queensland,” he explains.

“Most of the native title determinations are up in the Cape or in the Gulf of Carpentaria, with people who have not suffered as much through the impacts of colonisation.”

McAvoy adds that there is also a very personal dimension to this win.

“I grew up in Brisbane. A lot of the people who are now part of my client group grew up with me, so I [have] known them since I could walk. To be able to come from a marginalised community where, when I was born, my father was required to have an exemption certificate to be off [the] mission, to be at a point where I can assist in delivering – for people who I know and grew up with – recognition of their native title, is quite personally comforting.”

McAvoy is perhaps an unlikely lawyer, having grown up on the Cherbourg Aboriginal Reserve – also known as Barambah or Cherbourg mission – in south-east Queensland. Only a generation before, Indigenous people did not have access to mainstream education and were arguably treated as quasi-prisoners on their own land.

“A lot of people don’t know that the generation behind mine was so limited in their access to education, but that’s the way it was,” says McAvoy. “My father couldn’t go past year four.”

Despite this, McAvoy did very well at school and looked to various Indigenous political leaders – one of whom was well-known poet and political activist Lionel Fogarty, who also grew up on Cherbourg mission – for inspiration.

Once admitted, McAvoy went on to do stints in private practice in Queensland before moving into policy work for the New South Wales Government. Before long – though not before becoming a registrar under the Aboriginal Land Rights Act – McAvoy became disillusioned with

the amount of time it took to achieve results. It was this disillusion which persuaded him

that he should go to the Bar and he did so, reading with Tom Molomby SC at Frederick Jordan Chambers, where he remains to this day.

McAvoy admits that for him, it has been “a long road” to the Bar. He adds, though, that he has taken to it much like “a duck to water” – and his peers and the wider legal profession tend to agree. Last year, McAvoy was named the inaugural Indigenous Legal Practitioner of the Year by Federal Attorney-General Robert McClelland – something which McAvoy sees as another career highlight.

“[It] was quite an important moment for me personally, and also for my family,” he says. “Just receiving that sort of recognition from my peers, and being acknowledged and singled out amongst all of my colleagues who are Indigenous professionals – and who I respect immensely – was quite a significant moment for me.”

Despite McAvoy’s pride at receiving the award, when it comes to talking about industry speculation that he might just be the first Indigenous barrister to become a silk, he is much more muted.

“I am kind of embarrassed by the suggestion. It is very difficult to talk about because there are so many barristers who I work with, many of whom are silk, who I respect immensely and feel as though there is a vast chasm between where they are and where I am,” he says.

“Apart from that, the type of work that I do, which I really enjoy and is incredibly rewarding, is not something that you would do as a silk. I get to travel out into the country and sit around and talk to senior men and women about matters of law and custom. It might take days to get statements from them for their native title. You just don’t send a senior counsel to do that … To be able to do that type of work is such a privilege, and I would be quite happy continuing to do it.”

While McAvoy admits that his current thoughts about becoming a silk may change in the future, one thing he won’t ever change,

The long roadAs one of the country’s leading native title barristers,

Tony McAvoy has seen his fair share of inequity. He tells Claire Chaffey why law and education are the way

forward for Indigenous Australians.

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legalleaders

A lot of people don’t know that the generation behind mine was so limited in their access to education, but that’s the way it was. My father couldn’t go past year four”

he says, is encouraging Indigenous students to study and practice law. He is involved in the official mentoring of Indigenous law students through the NSW Bar Association mentoring program, and he also unofficially mentors many others – a large number of whom are on the committee of the National Indigenous Legal Conference, which will be held for the sixth time in August this year.

“I encourage students to contact me if they’ve got problems,” he says. “The main reason I try and be as accessible and open as possible is that when I was a law student, there weren’t any other Indigenous law students, there weren’t any Indigenous practitioners that I could go to.

“I understand the isolation people might feel. Law school is a foreign place for many people. Indeed, it was for me. Having people that you can go to ask the questions that you might think are embarrassing is an important resource.”

As far as seeing an increase in the number of Indigenous students going on to practice law, McAvoy is buoyed by the likes of Canada and New Zealand when it comes to the future of Indigenous people in the legal profession. And, he says, it all comes down to opportunity and education.

“I take some comfort from looking at the situation in New Zealand with the Maori and the Aboriginal people in Canada, where their numbers [of Indigenous lawyers] are vastly increased on what we have. I believe that is the product of their getting access to mainstream education a bit earlier than Aboriginal people in Australia,” he says. “There is no doubt there will be an increase in Indigenous legal practitioners and barristers and judges … Some of the students and young lawyers that I come across are stunningly brilliant in their own right, and I have no doubt they will have stellar careers.”

As for his own career, McAvoy is happy to keep on doing what he is doing, and work towards evening out the playing field when it comes to fighting for the rights of his people.

“I am very comfortable at the Bar and enjoy it, and regard it as somewhat of a privilege,” he says. “I am just taking every year as it comes, brief by brief.” LWP

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coverstory

I stand before you to be judged both as a man and as one who holds judicial office … I have been diagnosed with bipolar II … I unconditionally accept the diagnosis and take up the challenge to conquer it. I am not alone.”

Standing before members of the NSW Legislative Council on 21 June this year, Magistrate Brian Maloney pleaded with NSW Parliament not to remove him from office on account of his recently diagnosed mental

illness. As part of his argument, he spoke of some of the many other professionals within Australia’s legal and political spheres who also suffer from mental illness.

“Many community leaders, politicians, high-profile personalities and legal practitioners have also been diagnosed with bipolar II,” said Maloney in his address to NSW Parliament. “Like me, John Brogden, Andrew Robb and Geoff Gallop face the personal, medical and social challenges of mental illness and have been prepared to speak out about it.”

Discussing the importance of speaking openly about mental illness and revealing that he no longer feels ashamed of it, Maloney mentioned the well-known demands faced by those working within the legal profession, adding that three barristers have taken their lives in the last 12 months, as well as two judges in recent years.

“The existence of a judicial officer can be a lonely one,” he said. “Looking back and putting it all together, I probably was not handling everything very well at that time … I did not understand that even then I had a depressive illness. I now wish I had learned about it then,” said Maloney, who was

As two magistrates are forced to publicly plead to save their careers, the Australian legal community’s battle to achieve cultural change and remove the stigma associated with mental illness continues. Briana Everett reports

The injustice of intolerance

“You’re taught to look at the negative and be a pessimist. Very good lawyers are exceptionally good at doing that, which is fine, but apply that skill-set to the rest of your life - ‘What’s wrong with your marriage? What’s wrong with your life?’ - and therein lies a major seed”

Peter Butler, Partner, FreehIlls

“

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The injustice of intolerance

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diagnosed with bipolar II in February last year after many years on the bench.

Increasing the community’s understanding and awareness of mental illness - and removing the shame which still surrounds it - remains a key priority for the Australian legal industry. It is also one which organisations such as the Tristan Jepson Memorial Foundation (TJMF) and Beyond Blue are attempting to address.

“We’ve come a long way,” says Freehills partner and TJMF board member Peter Butler.

“There’s a very wide recognition in the profession that we have heightened levels of depression and anxiety … I think we’ve made really good steps in getting acceptance that, just like any illness, it’s not a terminal problem to have depression.”

Talking about the valuable work of the resilience@law initiative, Butler describes the ongoing effort to “drop the idea that there is something wrong in a permanent sense” if someone is seriously anxious or depressed.

“Lots and lots of people have suffered from it at some stage in their career – a third of lawyers suffer from serious depression at some point in their career – and accordingly, it’s okay to talk about it. If I had to say what’s been the single biggest change in the three or four years it’s in that space. I think we’ve made huge strides there.”

Similarly, to keep people talking about the issue, Beyond Blue chairman and former Victorian premier Jeff Kennett AC recently spoke to a group of South Australian managing partners, CEOs, sole practitioners and young lawyers at an event hosted by the Law Society of South Australia. During his address, Kennett acknowledged the stigma that still attaches to mental illness, while also emphasising the importance of understanding the signs of depression and anxiety. He urged the group of lawyers to educate themselves about what the signs of depression and anxiety are so they can not only help fellow colleagues or friends, but also themselves.

still keeping quietAlthough the legal community has finally started talking about the proverbial elephant in the room, the fear of speaking up about mental illness is still very real for many lawyers. Regrettably, the growing preparedness amongst some mental illness sufferers to speak openly about their condition has arguably been delivered a huge blow by the investigations into the conduct of Maloney, as well as Magistrate Jennifer Betts, during which both were forced to publicly air details of their personal life and underlying mental illnesses.

For many members of the legal profession, mental illness is still viewed as a weakness and potential threat to their career – a perception which became a reality for Maloney and Betts.

Before Parliament, Maloney described his public plea to save his job as one of the “most important and humiliating issues that has ever affected” his life.

The calls for Maloney’s dismissal following the investigation, which lasted over 12 months, have been met with anger within the legal community and mental health groups which have been working hard to remove the misconception that mental illness and work don’t go together, and to encourage people to seek help. Now, any willingness amongst lawyers to disclose their illness has arguably been eroded.

In a recent interview with The Sun-Herald, New South Wales Attorney-General Greg Smith went as far as saying, “If your mental condition has a tendency to interfere with the way you

It really worries me that peoplesit there in silence, terrified of the consequences”Peter Butler, Partner, FreehIlls

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carry out your job then maybe you shouldn’t be on the bench”. In response to such remarks, the executive director of national

mental health charity Sane Australia, Barbara Hocking, said in a letter to NSW Parliament: “There is no justifiable reason why he cannot continue to work as a magistrate. If Mr Maloney had recovered from a heart attack, would he be sacked for fear he would have another heart attack in the future?

“Under these circumstances, if the NSW Parliament sacks Mr Maloney, it will be sending a very clear message of discrimination to the Australian community – the wrong message.”

Hocking believes the Maloney investigation and threat of dismissal will lead to a greater reluctance amongst people to acknowledge their mental illness for fear of losing their job.

“My preference is to fly with a pilot who is being treated for bipolar disorder, rather than with a pilot who is unwell with bipolar disorder but is afraid to seek treatment for fear of losing his job,” said Hocking.

For Butler, a major concern for not only the legal profession but also the general community is that people must feel supported and comfortable about any illness they may have.

“An environment which makes that harder needs a serious looking at and changing,” he says. “It really worries me that people out there sit there in silence, terrified of the consequences of letting others know what they’re going through, because they make it so much worse for themselves and potentially, if their illness is affecting others, so much worse for others as well.”

As for suggestions that those who suffer a mental illness should be permanently removed from their job if it affects their ability to work, Butler emphasises that more education is needed to ensure that people understand mental illness is treatable and that sufferers can return to work with the appropriate treatment.

“In as much as there’s an inference that if you’ve got a mental illness you should be taken away from your job in some permanent way, I would seriously disagree with that,” says Butler.

“The ranks of the profession, including the judiciary, are replete with people in this space. People who have been through a really difficult time in their lives, for whatever cause, have had proper treatment and are able to go back to their normal productive selves. They are living proof of the fact that a mental illness, anymore than a physical illness, need not be regarded as anything permanent. It just needs to be dealt with and treated.”

The need to further educate the community, and ensure that the issue of mental illness is not swept under the carpet, is an issue now all too familiar for Maloney.

“No-one appreciates the independence of the judiciary better than I do, but surely it cannot be the case that because a judicial officer suffers from a mental illness, is properly diagnosed and accepts treatment, they can no longer discharge their duties as a judicial officer,” he said.

“If accepting your condition and seeking appropriate treatment leads to a professional ban being imposed on an

I don’t think it’s a safe enough environment to [speak up]”MarIe Jepson, founder of the trIstan Jepson MeMorIal foundatIon

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coverstory

Visit www.collaw.edu.au/alumni

Where are you now?The College is calling for graduates from the last 37 years to be a part of our new Alumni Association. Membership is free and this is a great way to join a network of over 30,000+ alumni nationwide.

Benefits and opportunities include:w quarterly e-newsletterw professional developmentw inclusion on Advisory Panelsw networking and mentoring

For more information contact: alumni@collaw.edu.au

individual, then we are surely driving the issue of mental illness underground.”

According to Marie Jepson, co-founder of the TJMF, the lack of cultural change within the legal profession has ensured that mental health sufferers in the legal industry remain, for now, tight-lipped.

“I don’t think it’s a safe enough environment to [speak up],” she says.

less talk, more actionDespite the progress made by organisations such as Beyond Blue and TJMF thus far, there is still plenty of work to be done with regard to achieving positive change, particularly for a profession with a notoriously high rate of depression and anxiety and an especially tough culture.

“I would like to showcase the fact that it is possible to change law firms,” says Jepson. “The reality is that change starts slowly, but we need to change from just talking about it to the reality of making actual physical change.

“Firms have put things in place. Certainly, the resilience@law initiative was a huge step forward in lawyers actually talking about being depressed, but the feedback is that it’s actually caused no real change in the firms.”

According to Butler, while the legal community knows all too well the effects of mental illness and the likely drivers of it, the exact reasons as to why the legal profession suffers the most – and how to reduce this propensity – remains an unresolved matter.

“The reasons are very complex,” says Butler. “I don’t think anyone’s got a complete handle on it. We know the pressures of the law and the clients, and that law firms can be very tough. But the area that I think still needs a great deal more work is a greater understanding of the causes of it within the legal profession and what can be done to minimise or eliminate those causes.”

A major focus this year, for organisations like TJMF, is addressing the culture within law firms which has been described by some as “toxic”.

“There are some that say the culture of law firms at worst can be toxic and, even if that’s not true, they can lead to stress levels which aren’t helpful to someone who may have a predisposition to anxiety or depression,” says Butler, who adds that he personally has not experienced the so-called toxic work environment and has instead felt a great deal of support throughout his career.

Adding to the issue, says Butler, is that lawyers are taught to find what’s wrong with an agreement or situation.

“We’re really pushing innovation and initiative because more of the same is not going to change anything”

Marie Jepson, founder of the tristan Jepson MeMorial foundation

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L AW Y E R S W E E K LY 15 J U LY 2 011 23

coverstory

“We know that the sort of people who work in the law tend to be competitive and work in an often very diffi cult, competitive environment,” he says. “You’re taught to look at the negative and be a pessimist. Very good lawyers are exceptionally good at doing that, which is fi ne, but apply that skill-set to the rest of your life - ‘What’s wrong with your marriage? What’s wrong with your life?’ - and therein lies a major seed.”

A recent survey conducted by Beaton Research and Consulting, in conjunction with Beyond Blue, revealed that professionals are still unsure exactly how to manage depression and anxiety disorders in the workplace.

“Only 51 per cent of professionals are comfortable managing the work performance of someone with depression or an anxiety disorder,” said Beyond Blue deputy CEO Clare Shann in a statement. “And only 61 per cent feel comfortable working with a colleague who has a mental health condition.”

The study, which surveyed almost 18,000 people, provided data on awareness levels and attitudes regarding depression and anxiety levels, indicating that professionals believe their organisation is not well equipped to manage mental health issues in their workplace.

According to the research, although 47 per cent of professionals are confi dent in their ability to support a colleague with depression, anxiety or a related mental health disorder,

professionals generally have low confi dence in their own skills and knowledge to effectively manage mental health problems in the workplace.

“Studies like this provide a foundation for professional organisations to consider how they can build awareness and increase the skills of managers to better respond to, and manage, depression and anxiety disorders in the workplace,” said Shann. “It’s great news that professionals are becoming more aware of depression and anxiety disorders, but it is vital further work is done in this area.”

This year, according to Jepson, the TJMF is focusing on best practice and improving the management of fi rms and, most importantly, encouraging people to think differently.

“We’re really pushing innovation and initiative because more of the same is not going to change anything,” says Jepson, adding that TJMF’s annual lecture for 2011, The Cost of Profi t, will be slightly different and will be dominated by more panel-style discussion.

The panel, to be led by journalist and ex-lawyer Julie McCrossin, will include HopgoodGanim managing partner Bruce Humphries as well as an OH&S barrister and in-house counsel. It will thus “appeal to the broadest possible spectrum of the legal profession”, says Jepson.

“The challenge is how do we encourage fi rms to do things differently?” LW

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24 L AW Y E R S W E E K LY 15 J U LY 2 011 www.lawyersweekly.com.au

careercounsel

of job seekers say the person

conducting the job interview is the

biggest infl uence on their opinion

of a potential employer

57 %Source: Robert Walters White Paper, Managing your employer brand throughout the recruitment process

of job seekers look at the online career section of

an organisation before applying

for a role

43 %

my next move

Q: Should I wait to make it to senior associate before I make a move overseas?

A: Making it to senior associate in Australia is a big deal. It is a great personal achievement, a pat on the

back from your partners in recognition that you have worked hard, met budget and embraced a steep learning curve. It tells you that you are “on track” and in some cases, gives you access to a fi rm BlackBerry, additional leave entitlements and a higher pay scale. It is an important step in your Australian career, but this title doesn’t mean anything if you are making a move overseas.

American and UK fi rms in every location will look at the number of years’ experience you have in assessing your entry point into a UK or US system. Whether or not you are a senior associate has no relevance. If you have a burning desire to work overseas, there is no need to wait for a promotion in Australia. Go for it!

Jonathan Walmsley, principal, Marsden Legal Search and Recruitment Hunting time

FORTY-SEVEN per cent of job seekers have withdrawn from a recruitment process because it

was taking too long, according to the latest research by Robert Walters.

Based on a study undertaken in May 2011 – for which almost 800 job seekers were surveyed, as well as hiring managers from over 130 organisations – the Robert Walters White Paper, Managing your employer brand throughout the recruitment process, revealed which factors have the most infl uence on a job seeker’s decision to accept or decline a job offer and found that the length and ease of the recruitment process has a strong infl uence.

According to the survey, 71 per cent of job seekers think they should only have to undertake two job interviews before receiving a job offer, 46 per cent think they

should only have to wait one to two days for a response to an application, while

a staggering 91 per cent of job seekers have applied for a job

but never received a response. In addition, 77 per cent of respondents

believe that a full recruitment process should take less than one month.

“A slow response rate can lead candidates to view the organisation as disorganised or not placing enough importance on the role they are recruiting for, which creates negative sentiment around the employer brand and can lead candidates to decline a job offer,” the report states.

To avoid this, employers must identify who needs to be involved in reviewing CVs each day so the organisation can respond to applications in a timely manner. Also, prior to advertising a job, employers should determine who needs to be involved in each interview stage and ensure these staff members are committed to timelines and have suitable availability.

“The number of staff involved in the interview process should also be kept to a minimum and employers should endeavour to conduct no more than two interviews for each role.”

QA

FORTY-SEVEN have withdrawn from a recruitment process because it

was taking too long, according to the latest research by Robert Walters.

Based on a study undertaken in May 2011 – for which almost 800 job seekers were surveyed, as well as hiring managers from over 130 organisations – the Robert Walters White Paper, Managing your employer brand throughout the recruitment processwhich factors have the most infl uence on a job seeker’s decision to accept or decline a job offer and found that the length and ease of the recruitment process has a strong infl uence.

According to the survey, 71 per cent of job seekers think they should only have to undertake two job interviews before receiving a job offer, 46 per cent think they

should only have to wait one to two days for a response to an application, while

a staggering 91 per cent of job seekers have applied for a job

Employers who implement a drawn-out recruitment process risk missing out on their preferred candidates.

A quick game’s a good game

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Lawyer wins mad dash to Finnish line

A Finnish lawyer has proved that he is about much more than contracts and billable hours by winning a unique national competition for the third year running.

The ABC reports that Taisto Miettinen defended his title in Finland’s annual wife-carrying championship in front of thousands of spectators who turned out to watch the celebrated event in the town of Sonkajarvi.

The 46-year-old lawyer had his partner Kristiina Haapanen’s legs wrapped around his head while sprinting the 253 metres to the fi nish line, leaping over hurdles and negotiating a pool of water along the way.

The pair won the race in an impressive time of one minute, without Haapanen sustaining any serious injuries (though she was wearing a helmet).

Haapanen’s and Miettinen’s extra-offi ce training was enough to place them ahead of Estonian rivals Alar Voogla and Kristi Viltrop, who came in only one second behind them, while a Lithuanian couple came in at third.

The unusual competition has its roots in the legend of local bandit Herkko Rosvo-Ronkainen who, as a forest dweller towards the end of the 19th century, stole food - and sometimes foxy ladies - from

nearby villages.“The course was trickier

this year due to the water obstacle, which was deeper.

The weather conditions were also

particularly tough - 30 degrees is too much for me,” said

Miettinen, spoken like a true Finn.Miettinen said the

secret of his success, which he has honed during the last 13 times he has

competed in the race, is to practice the course wearing ski boots in order to build up

his leg muscles.He and his “wife” - Haapanen is

just a friend - are the fi rst pair in the championship’s 16-year history

to take out the title three times in a row, beating 47 couples from 10 different countries for the glory.

Folklaw does wonder, however, how strict Finland’s family

laws are, given that Miettinen and Haapanen have admitted they are not really “husband and wife”, and their relationship would never stand up in court.

folklaw

26 L AW Y E R S W E E K LY 15 J U LY 2 011 www.lawyersweekly.com.au

Lawyer meets client in jail and settles right in

R E A D T H E L AT E S T F O L K L A W O N L I N E www.lawyersweekly.com.au/folklaw

Almost a decade after helping to pioneer the trend of outsourcing legal work to India, a US fi rm has decided that things actually get done better in the US after all.

Law.com reports that Schwegman Lundberg & Woessner, a small patent prosecution fi rm, is bringing outsourced paralegal work back to the US because the initial aim of cost-cutting was no longer being met.

“There’s a very large volume of paralegal work required to support patent prosecution,” said managing partner Steve Lundberg. “It was working well for us because we were getting substantially lower pricing.” But alas, while the arrangement worked well for a number of years, the fi rm eventually decided that “our productivity in the US was substantially higher” than in India.

Costs in India have risen, apparently, and automation is more prevalent, thus making it look “less and less attractive to be in India”.

The fi rm said it originally saved about 50 per cent in labour costs for the outsourced work, based on the assumption that productivity was equal to that of the US. But the costs involved in shipping work to India, as well as management, supervision and training expenses and culture differences, all began to affect cost, added Lundberg.

“A US employee would feel a lot more freedom to take action in grey areas than an Indian employee,” he said. “They would ask permission

for things a US employee would do without blinking an eye.”

The hierarchical nature of work in India was also a factor, he said, giving the example that if a photocopier ran out of paper, a paralegal in India would fi nd a lowly administrative person to reload the paper instead of just doing it themselves.

“You get a lot of that type of thing going on that ends up slowing things down if there’s any question about how things are going to work,” said Lundberg.

Edge International consultant Jordan Furlong told Law.com that they are starting to see some examples of so-called “in-shoring” of legal work.

In June, Indian legal process outsourcer Pangea3, which was recently purchased by Thomson Reuters, opened an outpost in suburban Dallas that can accommodate up to 400 employees.

Folklaw wonders whether Australian fi rms should take heed and just stop with the outsourcing before they even start ...

towards the end of the 19th century, stole food - and sometimes foxy ladies - from

nearby villages.“The course was trickier

this year due to the water obstacle, which was deeper.

The weather conditions were also

particularly tough - 30 degrees is too much for me,” said

Miettinen, spoken like a true Finn.Miettinen said the

secret of his success, which he has honed during the last 13 times he has

competed in the race, is to practice the course wearing ski boots in order to build up

his leg muscles.He and his “wife” - Haapanen is

just a friend - are the fi rst pair in the championship’s 16-year history

to take out the title three times in a row, beating 47 couples from 10 different countries for the glory.

Folklaw does wonder, Folklaw does wonder, Folklawhowever, how strict Finland’s family

laws are, given that Miettinen and Haapanen have admitted they are not really “husband and wife”, and their relationship would never stand up in court.

www.lawyersweekly.com.au

about how things are going to work,” said Lundberg.Edge International consultant Jordan Furlong

told Law.com that they are starting to see some examples of so-called “in-shoring” of legal work.

In June, Indian legal process outsourcer Pangea3, which was recently purchased by Thomson Reuters, opened an outpost in suburban Dallas that can accommodate

wonders whether Australian fi rms should take heed and just stop with the outsourcing before they even start ...

An American lawyer was arrested for drug possession after police were tipped off by his client.

WHAS11.com reports that last month, an inmate at Bullitt County Detention Centre in Louisville was busted for drug possession (for followers of the Folklaw favourite Oz, a gritty American TV prison drama, the notion of prison-ers being busted for drugs is no surprise).

When asked how he got the drugs, the prisoner

said that his lawyer, Michael Wade, gave them to him. By coincidence, Wade was due to visit the prisoner that very day. On arrival at the prison, Wade was searched and it is alleged that he was found with heroin in his pocket.

He was charged with one count of possession of a controlled substance and two counts of contraband promotion. He was remanded in (you guessed it!) the Bullitt County Detention Centre.

Folklaw knows that lawyers should be close to their clients, but Wade has probably crossed the line.

Outsourcing pioneer decides US is best after all

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Wherever you land, you’ve arrived.

Lawyers at all levelsMiddle East, Asia and AustraliaHighly attractive packages

Whether you join us in Sydney or Perth, Singapore or Hong Kong, or Dubai or Abu Dhabi, you can be sure of one thing: you’ll be working on complex, cross-border deals with one of the world’s most highly regarded, forward-thinking and influential law firms as soon as you arrive. Prove your worth and you could go anywhere within our global network. Right now we’re recruiting for offices in three of our four key regions. Whatever your area of expertise – finance and banking, capital markets, litigation and dispute resolution, or corporate and M&A – you’ll get the kind of exposure only a firm of our scale and scope can offer.

To find out more about opportunities with Clifford Chance outside of Australia please contact Karlie Connellan on karlieconnellan@taylorroot.com.au or Joanne Bews on joannebews@taylorroot.com.au

For further information on opportunities within Australia contact Kathryn Parry on kathrynparry@taylorroot.com.au. Alternatively call + 61 (0)2 9236 9000.

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