www.lawyersweekly.com.au

HOT TOPIC

CRYING WOLFThe dilemma behind bullying

IN-DEPTH

BUSINESS AND RIGHTSWhy boards must act now

THIS WEEK

PRICEGOUGINGThe ACCC’s carbon challenge

544 Print Post Approved 255003/05160

Greg Barns on acting for the underdog

Friday 29 July 2011

BRINGIT ON

IN-DEPTH

BROADER HORIZONSALSA inspires alternate student careers

Will our fi rms enter South Korea?

Plus

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

DOL176 ALW#544 FP London ALW FP 235x 297mm July 22, 2011 9:11 AM

Client approval: ______________

Studio approval: ______________

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: Ralph Laughton, Daniel Stirling, Alex McIntyre, Olivia Harvey and Gail Greener.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

Melbourne | Insurance 3 years + Excellent opportunity for an experienced insurance lawyer to join this national mid tier firm. The firm has an excellent reputation and is know for their quality service offering. They are seeking a lawyer with at least 3 years experience to work across a range of professional indemnity, medical negligence, public and product liability with first class Partners in a down to earth team. Strong academic background and interpersonal skills are essential. Ref: MEL/4146/AM

Sydney | Senior TMT 4 – 5 years This international firm are currently seeking an experienced Technology and Communications lawyer. You will work on major IT outsourcing, software development, systems acquisition and integration, licensing, distribution, agency and teaming agreements or regulatory advice, network/ IT infrastructure projects, product development and customer terms as well as telecommunications-related M&A matters. Ref: SYD/4344/AM

Sydney | Employment Senior AssociateExcellent opportunity for a senior associate to join this growing national firm and work with an accredited specialist. You will work on a diverse range of contentious and non-contentious matters including industrial/employment disputes, drafting a variety of employment agreements, and advising on equal opportunity and OH&S matters for blue chip clients. Clients include corporates from a range of industry sectors and government bodies. Ref: SYD/4022/AM

Sydney | PropertySenior Associate An opportunity has arisen for a senior associate level lawyer with expertise in commercial real estate property transactions 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, development projects, leasing and property financing arrangements. Ref: SYD/4366/AM

Sydney | Commercial Litigation3 yearsThis well established and respected firm has an opening for a commercial litigator/insolvency lawyer to join their award winning team. Working on high profile and complex corporate insolvencies, reconstructions and a broad range of commercial litigation matters. Career progression and healthy work/life balance are encouraged and supported in this firm. Great opportunity and collegiate working environment. Ref: SYD/4381/GG

Sydney | Construction (Front-end)Senior AssociateLeading national law firm is seeking a senior front-end construction lawyer. You will be exposed to a range of complex and interesting construction and projects work. It will be an advantage if you have previous experience working on government matters. You will have the ability to mentor junior lawyers and possess top-class drafting and technical skills. Excellent career opportunity with a competitive salary. Ref: SYD/4377/GG

Sydney | Corporate2 – 3 years This well respected firm with high calibre clients and complex and interesting work on offer is looking for a talented corporate lawyer. You will have solid previous experience in this practice area and knowledge of the Corporations Act, ASX and ASIC regulations and practices. You will work with in a friendly and supportive working environment and be mentored by highly skilled professionals. Ref: SYD/4388/GG

Sydney | Derivatives2 – 5 yearsThis highly regarded international firm is on the look out for a derivatives lawyer to join its top tier banking and finance team. The successful candidate will have 2-5 years derivatives experience gained at a well respected firm or recognised industry player. Excellent drafting skills and a strong commitment to client service as well as strong academics are essential. Ref: SYD/4351/OH

Sydney | Property Finance2 years +This premier group acts for multi-national corporates and major investment banks in the acquisition and financing of infrastructure and property projects. A rare opportunity exists for a motivated lawyer with either banking & finance or M&A experience to join this highly respected firm. Excellent opportunity to work with industry leaders on high profile transactions in a dynamic and supportive team environment. Ref: SYD/4244/OH

Private Practice

London | Investment Funds3 – 6 yearsThe asset management and investment funds practice of this UK firm is looking to appoint additional funds associates to its highly rated City practice. The team advises on the full range of legal and regulatory issues for institutional and specialist asset management firms and is recognised as one of the leading investment funds practices in the UK. Solid academics are essential. Ref: LON/4389/RL

London | Banking & Finance4 years +Our client is looking for a high caliber, energetic banking and finance lawyer with a broad range of experience gained from a top tier or highly regarded mid tier practice to join its leading City finance team. Leveraged finance experience will be highly regarded. You will need strong academic, inter-personal and technical skills to qualify for this role. Ref: LON/4306/RL

London | Corporate Finance4 years +Our client’s asset finance group represents a market leading practice acting for financial institutions, leasing companies, airlines and rail operators. Growth in finance activity is driving the need to hire high quality asset finance or corporate finance lawyers with an interest in this area to join its international team. You will benefit through gaining experience in a leading practice working on cross-border financing structures and from access to world class training, mentoring and secondments. Ref: LON/4168/RL

InternationalLondon | Banking2 – 4 yearsOur client is expanding its banking group and is looking for solicitors in a range of levels from junior solicitors with 2 years of experience to mid level solicitors to join the firm’s London practice. The group advises international financial institutions on complex domestic and cross border matters including acquisition, structured, project and property finance. The firm is looking for ambitious lawyers eager to make an impact in London. Ref: LON/4387/RL

Singapore | Construction/Projects4 years +A new position with a global law firm has become available for a construction or project lawyer from a top or similar quality law firm to advise major international clients on the acquisition, development and construction of major off shore infrastructure projects and related joint ventures involving water, power and oil and gas projects in SE Asia. Knowledge of EPC contracts is essential. Ref: SIN/4249/RL

Hong Kong | Corporate M&A4 years +International law firm is searching for a Commonwealth qualified M&A specialist for a high profile role involving mergers & acquisitions, joint ventures and advisory work. Experience gained from a top tier or respected international mid tier law firm together with solid academics are necessary. Chinese speaking ability will be highly regarded but is not necessary for this role. Ref: HK/4233/RL

InhousePerth | Corporate/Resources5 years +Large, listed resources company has a new role for a dynamic Corporate Lawyer to join their expanding team. Strong Corporate Law experience from a top-tier firm required, preferably acting for major Resources clients on high level transactional and advisory matters. Additional in-house or secondment experience will also be strongly considered. Great opportunity to further your career in this high-performing sector! Ref: PER/4247/DS

Sydney | Construction 3 – 5 yearsThis internationally recognised Construction & Engineering company has a new opportunity for a dynamic lawyer to handle negotiations and advice on a range of high-profile projects. Front-end or mixed Construction Law experience required from a major law firm and/or a leading company in the infrastructure sector. Work directly with the business and take responsibility for your own portfolio of internal clients! Ref: SYD/4189/DS

Sydney | Corporate3 years +A rare opportunity exists for a dynamic Corporate Lawyer to move into a highly commercial role within this global business. You will work with the wider business and external stakeholders in drafting transactional documentation and provide advice around transactional risks and exposures. At least 3 yrs M&A, Private Equity or Banking & Finance experience gained at a major law firm is essential. Ref: SYD/4319/DS

International International International

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

ContentsContents

L AW Y E R S W E E K LY 2 9 J U LY 2 011 3

“The law is very diffi cult because it’s all consuming, it’s adversarial, there’s not a lot of collegial support

sometimes, and I think it’s often very lonely - particularly if you’re a barrister”

Greg Greg Barns, director, Australian Lawyers Alliance – fi nd out more on page 14

Regulars Features

18

FEATURE: As South Korea gradually opens its market to the European Union, Australian law fi rms will soon be able to make a move into a relatively untapped legal market. But do they want to? Briana Everett reports

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

10 HOT TOPIC: With the law around workplace bullying still shrouded in uncertainty, Stephanie Quine asks whether employees are taking advantage of this to one-up their employers

11 IN-DEPTH: Law students from around the Asia-Pacifi c recently had the opportunity to explore a world beyond the offerings of corporate law – and it seems they liked it. Stephanie Quine reports

12 IN-DEPTH: The protection of human rights while doing business is the new sustainability, according to the head of

Mallesons Stephen Jaques’ human rights group

14 LEGAL LEADERS: Between defending prisoners, admonishing the Government and championing the plight of the marginalised, Greg Barns has toed the line between justice and the law. He talks to Stephanie Quine about life, politics and barracking for the underdog

24 CAREER COUNSEL: It’s becoming more diffi cult to retain graduate employees, according to a new survey, with more than half of them planning to leave within two years. Briana Everett reports

26 FOLKLAW: The lighter side of the law

L 14, 100 King William Street, Adelaide SA 5000 p: +61 8 8124 1811 | www.foxtucker.com.au

COMMERCIAL | TAXATION | INSURANCE

Fox Tucker welcomes senior Corporate & Commercial Consultant, Paul Bear. Globally experienced. Former Banking & Financial Services Law Association President. Company director. [Just what you need.]

Bearessential.

L W_ 5 4 4 . p g 0 0 3 . p d f P a g e 3 2 5 / 0 7 / 1 1 , 2 : 1 9 P M

DOL176 ALW#544 FP London ALW FP 235x 297mm July 22, 2011 9:11 AM

Client approval: ______________

Studio approval: ______________

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: Ralph Laughton, Daniel Stirling, Alex McIntyre, Olivia Harvey and Gail Greener.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email dolman@dolman.com.au

Melbourne | Insurance 3 years + Excellent opportunity for an experienced insurance lawyer to join this national mid tier firm. The firm has an excellent reputation and is know for their quality service offering. They are seeking a lawyer with at least 3 years experience to work across a range of professional indemnity, medical negligence, public and product liability with first class Partners in a down to earth team. Strong academic background and interpersonal skills are essential. Ref: MEL/4146/AM

Sydney | Senior TMT 4 – 5 years This international firm are currently seeking an experienced Technology and Communications lawyer. You will work on major IT outsourcing, software development, systems acquisition and integration, licensing, distribution, agency and teaming agreements or regulatory advice, network/ IT infrastructure projects, product development and customer terms as well as telecommunications-related M&A matters. Ref: SYD/4344/AM

Sydney | Employment Senior AssociateExcellent opportunity for a senior associate to join this growing national firm and work with an accredited specialist. You will work on a diverse range of contentious and non-contentious matters including industrial/employment disputes, drafting a variety of employment agreements, and advising on equal opportunity and OH&S matters for blue chip clients. Clients include corporates from a range of industry sectors and government bodies. Ref: SYD/4022/AM

Sydney | PropertySenior Associate An opportunity has arisen for a senior associate level lawyer with expertise in commercial real estate property transactions 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, development projects, leasing and property financing arrangements. Ref: SYD/4366/AM

Sydney | Commercial Litigation3 yearsThis well established and respected firm has an opening for a commercial litigator/insolvency lawyer to join their award winning team. Working on high profile and complex corporate insolvencies, reconstructions and a broad range of commercial litigation matters. Career progression and healthy work/life balance are encouraged and supported in this firm. Great opportunity and collegiate working environment. Ref: SYD/4381/GG

Sydney | Construction (Front-end)Senior AssociateLeading national law firm is seeking a senior front-end construction lawyer. You will be exposed to a range of complex and interesting construction and projects work. It will be an advantage if you have previous experience working on government matters. You will have the ability to mentor junior lawyers and possess top-class drafting and technical skills. Excellent career opportunity with a competitive salary. Ref: SYD/4377/GG

Sydney | Corporate2 – 3 years This well respected firm with high calibre clients and complex and interesting work on offer is looking for a talented corporate lawyer. You will have solid previous experience in this practice area and knowledge of the Corporations Act, ASX and ASIC regulations and practices. You will work with in a friendly and supportive working environment and be mentored by highly skilled professionals. Ref: SYD/4388/GG

Sydney | Derivatives2 – 5 yearsThis highly regarded international firm is on the look out for a derivatives lawyer to join its top tier banking and finance team. The successful candidate will have 2-5 years derivatives experience gained at a well respected firm or recognised industry player. Excellent drafting skills and a strong commitment to client service as well as strong academics are essential. Ref: SYD/4351/OH

Sydney | Property Finance2 years +This premier group acts for multi-national corporates and major investment banks in the acquisition and financing of infrastructure and property projects. A rare opportunity exists for a motivated lawyer with either banking & finance or M&A experience to join this highly respected firm. Excellent opportunity to work with industry leaders on high profile transactions in a dynamic and supportive team environment. Ref: SYD/4244/OH

Private Practice

London | Investment Funds3 – 6 yearsThe asset management and investment funds practice of this UK firm is looking to appoint additional funds associates to its highly rated City practice. The team advises on the full range of legal and regulatory issues for institutional and specialist asset management firms and is recognised as one of the leading investment funds practices in the UK. Solid academics are essential. Ref: LON/4389/RL

London | Banking & Finance4 years +Our client is looking for a high caliber, energetic banking and finance lawyer with a broad range of experience gained from a top tier or highly regarded mid tier practice to join its leading City finance team. Leveraged finance experience will be highly regarded. You will need strong academic, inter-personal and technical skills to qualify for this role. Ref: LON/4306/RL

London | Corporate Finance4 years +Our client’s asset finance group represents a market leading practice acting for financial institutions, leasing companies, airlines and rail operators. Growth in finance activity is driving the need to hire high quality asset finance or corporate finance lawyers with an interest in this area to join its international team. You will benefit through gaining experience in a leading practice working on cross-border financing structures and from access to world class training, mentoring and secondments. Ref: LON/4168/RL

InternationalLondon | Banking2 – 4 yearsOur client is expanding its banking group and is looking for solicitors in a range of levels from junior solicitors with 2 years of experience to mid level solicitors to join the firm’s London practice. The group advises international financial institutions on complex domestic and cross border matters including acquisition, structured, project and property finance. The firm is looking for ambitious lawyers eager to make an impact in London. Ref: LON/4387/RL

Singapore | Construction/Projects4 years +A new position with a global law firm has become available for a construction or project lawyer from a top or similar quality law firm to advise major international clients on the acquisition, development and construction of major off shore infrastructure projects and related joint ventures involving water, power and oil and gas projects in SE Asia. Knowledge of EPC contracts is essential. Ref: SIN/4249/RL

Hong Kong | Corporate M&A4 years +International law firm is searching for a Commonwealth qualified M&A specialist for a high profile role involving mergers & acquisitions, joint ventures and advisory work. Experience gained from a top tier or respected international mid tier law firm together with solid academics are necessary. Chinese speaking ability will be highly regarded but is not necessary for this role. Ref: HK/4233/RL

InhousePerth | Corporate/Resources5 years +Large, listed resources company has a new role for a dynamic Corporate Lawyer to join their expanding team. Strong Corporate Law experience from a top-tier firm required, preferably acting for major Resources clients on high level transactional and advisory matters. Additional in-house or secondment experience will also be strongly considered. Great opportunity to further your career in this high-performing sector! Ref: PER/4247/DS

Sydney | Construction 3 – 5 yearsThis internationally recognised Construction & Engineering company has a new opportunity for a dynamic lawyer to handle negotiations and advice on a range of high-profile projects. Front-end or mixed Construction Law experience required from a major law firm and/or a leading company in the infrastructure sector. Work directly with the business and take responsibility for your own portfolio of internal clients! Ref: SYD/4189/DS

Sydney | Corporate3 years +A rare opportunity exists for a dynamic Corporate Lawyer to move into a highly commercial role within this global business. You will work with the wider business and external stakeholders in drafting transactional documentation and provide advice around transactional risks and exposures. At least 3 yrs M&A, Private Equity or Banking & Finance experience gained at a major law firm is essential. Ref: SYD/4319/DS

International International International

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

ContentsContents

L AW Y E R S W E E K LY 2 9 J U LY 2 011 3

“The law is very diffi cult because it’s all consuming, it’s adversarial, there’s not a lot of collegial support

sometimes, and I think it’s often very lonely - particularly if you’re a barrister”

Greg Greg Barns, director, Australian Lawyers Alliance – fi nd out more on page 14

Regulars Features

18

FEATURE: As South Korea gradually opens its market to the European Union, Australian law fi rms will soon be able to make a move into a relatively untapped legal market. But do they want to? Briana Everett reports

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

10 HOT TOPIC: With the law around workplace bullying still shrouded in uncertainty, Stephanie Quine asks whether employees are taking advantage of this to one-up their employers

11 IN-DEPTH: Law students from around the Asia-Pacifi c recently had the opportunity to explore a world beyond the offerings of corporate law – and it seems they liked it. Stephanie Quine reports

12 IN-DEPTH: The protection of human rights while doing business is the new sustainability, according to the head of

Mallesons Stephen Jaques’ human rights group

14 LEGAL LEADERS: Between defending prisoners, admonishing the Government and championing the plight of the marginalised, Greg Barns has toed the line between justice and the law. He talks to Stephanie Quine about life, politics and barracking for the underdog

24 CAREER COUNSEL: It’s becoming more diffi cult to retain graduate employees, according to a new survey, with more than half of them planning to leave within two years. Briana Everett reports

26 FOLKLAW: The lighter side of the law

L 14, 100 King William Street, Adelaide SA 5000 p: +61 8 8124 1811 | www.foxtucker.com.au

COMMERCIAL | TAXATION | INSURANCE

Fox Tucker welcomes senior Corporate & Commercial Consultant, Paul Bear. Globally experienced. Former Banking & Financial Services Law Association President. Company director. [Just what you need.]

Bearessential.

L W_ 5 4 4 . p g 0 0 3 . p d f P a g e 3 2 5 / 0 7 / 1 1 , 2 : 1 9 P M

4 L AW Y E R S W E E K LY 2 9 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteTHE FEEDBACK on our recent cover feature about the diffi culties lawyers with mental illness face continued this week.

Amongst the comments we received, one email particularly resonated with the Lawyers Weekly team and we wanted to share it with you.

I wish to congratulate Briana Everett on her recent article ‘The injustice of intolerance’ and for raising what continues to be a taboo subject (not only in the legal profession, but the wider community).

I have personal experience in this area. My father was a professional (accountant) and suffered from depression for a very long time, and took his own life in 1999. His depression was hidden from his work colleagues, and his own family (in that it was not openly discussed), yet he continued to maintain a professional bearing (or perhaps façade) right up until his death.

I believe that if he had felt safe to be open about his depression, he may have sought treatment and might be alive today. He was 57 years old and at the peak of his professional career. The outcome was devastating for his family, friends and work colleagues. I do not think my mother will ever get over it.

Thank you again for an excellent article on a subject that is close to my heart.

The author of this email is a very successful lawyer who wished to remain anonymous, not because he is ashamed of his father’s death, but because he wanted to protect his immediate family from any further fallout. He shared further details about how he and his family were treated after his father’s death, and it was horrifying – eventually leading to the whole family leaving their hometown and never returning.

It is a perfect example of the ongoing tragedy that occurs when society fails to acknowledge that mental illness is very real for many people – and that it is nothing to be ashamed of.

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 DLA Piper hit with harassment claim 2 Bully who cried wolf? 3 App makes giving the boot easy 4 Human rights the new green 5 Star shines for three fi rms on Broadway 6 Sydney fi rm doubles partner ranks 7 NYC and London top choice for Aussie lawyers 8 2011 Law Awards Finalists: Law Student of the Year 9 2011 Law Awards Finalists: Young Gun of the Year10 Marque Lawyers’ Michael Bradley speaks the truth

NEXT WEEK

The non-lawyers in the legal industry are getting all the attention this week as Lawyers Weekly focuses on the increasing power of non-lawyers as well as the current issues those involved in law fi rm management face.

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 4 . p g 0 0 4 . p d f P a g e 4 2 5 / 0 7 / 1 1 , 3 : 4 9 P M L W_ 5 4 4 . p g 0 0 5 . p d f P a g e 5 2 5 / 0 7 / 1 1 , 7 : 4 9 A M

4 L AW Y E R S W E E K LY 2 9 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteTHE FEEDBACK on our recent cover feature about the diffi culties lawyers with mental illness face continued this week.

Amongst the comments we received, one email particularly resonated with the Lawyers Weekly team and we wanted to share it with you.

I wish to congratulate Briana Everett on her recent article ‘The injustice of intolerance’ and for raising what continues to be a taboo subject (not only in the legal profession, but the wider community).

I have personal experience in this area. My father was a professional (accountant) and suffered from depression for a very long time, and took his own life in 1999. His depression was hidden from his work colleagues, and his own family (in that it was not openly discussed), yet he continued to maintain a professional bearing (or perhaps façade) right up until his death.

I believe that if he had felt safe to be open about his depression, he may have sought treatment and might be alive today. He was 57 years old and at the peak of his professional career. The outcome was devastating for his family, friends and work colleagues. I do not think my mother will ever get over it.

Thank you again for an excellent article on a subject that is close to my heart.

The author of this email is a very successful lawyer who wished to remain anonymous, not because he is ashamed of his father’s death, but because he wanted to protect his immediate family from any further fallout. He shared further details about how he and his family were treated after his father’s death, and it was horrifying – eventually leading to the whole family leaving their hometown and never returning.

It is a perfect example of the ongoing tragedy that occurs when society fails to acknowledge that mental illness is very real for many people – and that it is nothing to be ashamed of.

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 DLA Piper hit with harassment claim 2 Bully who cried wolf? 3 App makes giving the boot easy 4 Human rights the new green 5 Star shines for three fi rms on Broadway 6 Sydney fi rm doubles partner ranks 7 NYC and London top choice for Aussie lawyers 8 2011 Law Awards Finalists: Law Student of the Year 9 2011 Law Awards Finalists: Young Gun of the Year10 Marque Lawyers’ Michael Bradley speaks the truth

NEXT WEEK

The non-lawyers in the legal industry are getting all the attention this week as Lawyers Weekly focuses on the increasing power of non-lawyers as well as the current issues those involved in law fi rm management face.

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 4 . p g 0 0 4 . p d f P a g e 4 2 5 / 0 7 / 1 1 , 3 : 4 9 P M L W_ 5 4 4 . p g 0 0 5 . p d f P a g e 5 2 5 / 0 7 / 1 1 , 7 : 4 9 A M

thisweek

Calls to raise Facebook age limitAs the Australian Government last week announced

a public consultation regarding Australia’s privacy laws, access to Facebook was discussed at a Standing Committee of Attorneys-General meeting in Adelaide. South Australian Attorney-General John Rau asked ministers to consider whether parents should be given legal rights to access their children’s Facebook page and suggested the age of consent for Facebook be raised to 18 years. “There has been concern expressed by some parents that the images being put up by their own children are prejudicial to the future career prospects,” said Federal Attorney-General Robert McClelland.

UK fi rms achieve highest growth since ‘08The top 50 law fi rms in the United Kingdom

have achieved the highest growth results since 2008, according to new research. As reported by Legal Week, the 2010-11 results reveal the top 50 law fi rms in the UK have expanded their revenues by 3.6 per cent over the last fi nancial year, with the average revenue growth of the top 50 being 5.3 per cent. The top 50 increased total revenue from £11.89 billion ($17.9 billion) to £12.33 billion with income amongst the group returning to levels close to that of 2009. The group also achieved an increase in profi tability, with profi ts per equity partner rising by 4.4 per cent.

World Attor-neys-General focus on cyber crimeCombating the growing threat

of cyber crime was a key focus at the ‘quintet’ meeting of Attorneys-General from the United States, United Kingdom, Canada, New Zealand and Australia. Attorney-General Robert McClelland hosted the third quintet, which meets annually to share ideas and deal with issues of mutual concern, such as counter-terror-ism, national security, countering extremism, organised crime and legal cooperation.

AUSTRALIAN LAWYERS would prefer to work in New York City over London, Dubai, Singapore or Tokyo, according to a recent Lawyers Weekly poll.

The web poll conducted this month revealed that 46 per cent of the 221 respondents are most interested in working in New York City, with London coming in at a close second with 36 per cent of the votes.

Dubai and Singapore both received 7 per cent while Tokyo only received 5 per cent.

Although the Asian legal market is a rapidly growing area, it’s no surprise that New York City and London still top the list for Australian lawyers looking for an overseas experience. And luckily for Australian lawyers, they are very popular in London.

“Australian lawyers are absolutely loved in London,” said Nigel Clark, a London-based partner

The Web

at Minter Ellison. “They fi nd that Australian and New Zealand lawyers are very well trained, they have a very good work ethic, and they work hard and play hard.”

Additionally, despite the signifi cant impact of the global fi nancial crisis on both the New York and London legal markets, things are slowly picking up, making cities like London an increasingly attractive option for Australians once again.

“The UK economy is growing, but slowly in comparison with what is happening in Asia,” said James Franklin, the manager of the legal division at Robert Walters in London.

“We are seeing more roles but it is not a fl ood of roles. We expect that 2012 is going to be much stronger. Start looking at next year and start making investigations now as to what the possibilities are for next year.”

6 L AW Y E R S W E E K LY 2 9 J U LY 2 011 w w w.law yersweekly.com.au

RE W IND

NSW Minister for Resources and Energy Chris Hartcher announced the NSW Government’s new restrictions for the coal and coal seam gas industry, which involve a ban on the use of toxic chemicals, greater public consultation and stronger environmental requirements.

It was revealed that Prime Minister Julia Gillard sought a bipartisan agreement with Opposition Leader Tony Abbott when she was deputy prime minister, regarding plans for a carbon pricing scheme and measures to achieve a 5 per cent reduction in emissions by 2020.

The fi nancial services arm of AMP was restructured to take advantage of its recently expanded distribution and product development capacity following the $14 billion merger with AXA Asia-Pacifi c Holdings.

Broadcaster Derryn Hinch was sentenced to fi ve months’ home detention after being found guilty on four counts of

breaching a suppression order. Hinch, aged 67, also underwent liver transplant surgery this month.

NYC and London top choice for lawyers

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thisweek

L AW Y E R S W E E K LY 2 9 J U LY 2 011 7

ALLENS ARTHUR ROBINSON, Blake Dawson and Holding Redlich have acted on a joint venture to build the iconic Central Park project in Broadway, Sydney.

Frasers Property Australia (Frasers), the Australasian division of international property development company Frasers Property, will join with Japanese property developer Sekisui House to deliver a world-leading urban village at the southern end of the city’s CBD.

The $2 billion, 5.8 hectare mixed-use Central Park site will comprise 1900 apartments, student housing, a hotel, a retail precinct and a commercial offi ce campus upon completion. It will also include key heritage buildings which are being preserved.

Sydney-based Allens partners Alan Maxton, Mark Stubbings and Tony Sheehan led the team advising Frasers on the transaction, along with senior associates Andrew Selim and Sharon

Gadens appoints property partnerPhil Pennington has been appointed partner in

Gadens’ property and commercial services team. Pennington has experience advising service providers in the mining, pharmaceutical and hospitality industries on issues such as business structures, consultancy contracts, performance of service agreements and sales contracts.

Talbot Olivier promotes senior associate in criminal lawKristine Warman, whose practice

focuses on corporate and white-collar crime including insider trading offences against the Corporations Act and taxation laws, has been promoted to senior associate. Warman has international experience advising on cases with allegations of fraud, acting at the investigation stage and throughout the court process.

DLA Piper relocates Asia Pacifi c partnerA seasoned insurance lawyer in DLA Piper’s Asia

Pacifi c litigation and regulatory group, John Goulios will relocate from Melbourne to Singapore. Goulios has over 20 years’ experience in professional indemnity insurance work, having acted in disciplinary hearings and investigations brought by ASIC and the ACCC.

Brown Wright Stein appoints young gun partnerMaria Poniros has been appointed

partner in the IT and estate planning practice after being admitted for only six years. She is one of six partners recently promoted internally, bringing the total proportion of women partners at BWS to 36 per cent.

Deal Name: Frasers and Sekisui unite to build Central Park on BroadwayKey Players: Allens Arthur Robinson, Blake Dawson, Holding Redlich

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

Star shines for three fi rms on Broadway

Heffernan.Holding Redlich partners Neville

Allen and Carolyn Chudleigh, and senior associates Mark Pezzano and Vanya Lozzi, acted for Frasers on due diligence and FIRB requirements for the deal.

Blake Dawson acted for Sekisui House, led by John Stawyskyj, assisted by senior associates Lindy Randall and Alice Langham.

Frasers’ Singapore-based parent company is currently involved in similar ventures with Sekisui House on projects in Singapore and this deal represents an extension of the relationship into Australia.

Under the terms of the deal, Frasers will continue as development manager, project manager and sales and marketing manager for the project. According to Frasers, the park, which is a development of the former Carlton United Brewery site, is likely to open in early 2012.

Philip Kapp Shannon Finch Mark Paganin

Firm Clayton Utz (Collins Foods), Freehills (Joint Lead Managers)

Mallesons Stephen Jaques (Macquarie Capital Limited and UBS AG, Australia Branch), Allen & Overy ( BT Investment Management), Allens Arthur Robinson (Westpac)

Clayton Utz (Sundance Resources), Mallesons Stephen Jaques (Sichuan Hanlong Group)

Deal name Initial public offering and listing on the ASX of Collins Foods

BT Investment Management’s $275 million equity raising

Total acquisition proposal for ASX-listed iron-ore company Sundance Resources

Area Private Equity Equity capital markets M&A

Value $235 million $275 million $1.44 billion

Key players Clutz’ Philip Kapp Mallesons’ Shannon Finch Clutz’ Mark Paganin

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thisweek

Calls to raise Facebook age limitAs the Australian Government last week announced

a public consultation regarding Australia’s privacy laws, access to Facebook was discussed at a Standing Committee of Attorneys-General meeting in Adelaide. South Australian Attorney-General John Rau asked ministers to consider whether parents should be given legal rights to access their children’s Facebook page and suggested the age of consent for Facebook be raised to 18 years. “There has been concern expressed by some parents that the images being put up by their own children are prejudicial to the future career prospects,” said Federal Attorney-General Robert McClelland.

UK fi rms achieve highest growth since ‘08The top 50 law fi rms in the United Kingdom

have achieved the highest growth results since 2008, according to new research. As reported by Legal Week, the 2010-11 results reveal the top 50 law fi rms in the UK have expanded their revenues by 3.6 per cent over the last fi nancial year, with the average revenue growth of the top 50 being 5.3 per cent. The top 50 increased total revenue from £11.89 billion ($17.9 billion) to £12.33 billion with income amongst the group returning to levels close to that of 2009. The group also achieved an increase in profi tability, with profi ts per equity partner rising by 4.4 per cent.

World Attor-neys-General focus on cyber crimeCombating the growing threat

of cyber crime was a key focus at the ‘quintet’ meeting of Attorneys-General from the United States, United Kingdom, Canada, New Zealand and Australia. Attorney-General Robert McClelland hosted the third quintet, which meets annually to share ideas and deal with issues of mutual concern, such as counter-terror-ism, national security, countering extremism, organised crime and legal cooperation.

AUSTRALIAN LAWYERS would prefer to work in New York City over London, Dubai, Singapore or Tokyo, according to a recent Lawyers Weekly poll.

The web poll conducted this month revealed that 46 per cent of the 221 respondents are most interested in working in New York City, with London coming in at a close second with 36 per cent of the votes.

Dubai and Singapore both received 7 per cent while Tokyo only received 5 per cent.

Although the Asian legal market is a rapidly growing area, it’s no surprise that New York City and London still top the list for Australian lawyers looking for an overseas experience. And luckily for Australian lawyers, they are very popular in London.

“Australian lawyers are absolutely loved in London,” said Nigel Clark, a London-based partner

The Web

at Minter Ellison. “They fi nd that Australian and New Zealand lawyers are very well trained, they have a very good work ethic, and they work hard and play hard.”

Additionally, despite the signifi cant impact of the global fi nancial crisis on both the New York and London legal markets, things are slowly picking up, making cities like London an increasingly attractive option for Australians once again.

“The UK economy is growing, but slowly in comparison with what is happening in Asia,” said James Franklin, the manager of the legal division at Robert Walters in London.

“We are seeing more roles but it is not a fl ood of roles. We expect that 2012 is going to be much stronger. Start looking at next year and start making investigations now as to what the possibilities are for next year.”

6 L AW Y E R S W E E K LY 2 9 J U LY 2 011 w w w.law yersweekly.com.au

RE W IND

NSW Minister for Resources and Energy Chris Hartcher announced the NSW Government’s new restrictions for the coal and coal seam gas industry, which involve a ban on the use of toxic chemicals, greater public consultation and stronger environmental requirements.

It was revealed that Prime Minister Julia Gillard sought a bipartisan agreement with Opposition Leader Tony Abbott when she was deputy prime minister, regarding plans for a carbon pricing scheme and measures to achieve a 5 per cent reduction in emissions by 2020.

The fi nancial services arm of AMP was restructured to take advantage of its recently expanded distribution and product development capacity following the $14 billion merger with AXA Asia-Pacifi c Holdings.

Broadcaster Derryn Hinch was sentenced to fi ve months’ home detention after being found guilty on four counts of

breaching a suppression order. Hinch, aged 67, also underwent liver transplant surgery this month.

NYC and London top choice for lawyers

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thisweek

L AW Y E R S W E E K LY 2 9 J U LY 2 011 7

ALLENS ARTHUR ROBINSON, Blake Dawson and Holding Redlich have acted on a joint venture to build the iconic Central Park project in Broadway, Sydney.

Frasers Property Australia (Frasers), the Australasian division of international property development company Frasers Property, will join with Japanese property developer Sekisui House to deliver a world-leading urban village at the southern end of the city’s CBD.

The $2 billion, 5.8 hectare mixed-use Central Park site will comprise 1900 apartments, student housing, a hotel, a retail precinct and a commercial offi ce campus upon completion. It will also include key heritage buildings which are being preserved.

Sydney-based Allens partners Alan Maxton, Mark Stubbings and Tony Sheehan led the team advising Frasers on the transaction, along with senior associates Andrew Selim and Sharon

Gadens appoints property partnerPhil Pennington has been appointed partner in

Gadens’ property and commercial services team. Pennington has experience advising service providers in the mining, pharmaceutical and hospitality industries on issues such as business structures, consultancy contracts, performance of service agreements and sales contracts.

Talbot Olivier promotes senior associate in criminal lawKristine Warman, whose practice

focuses on corporate and white-collar crime including insider trading offences against the Corporations Act and taxation laws, has been promoted to senior associate. Warman has international experience advising on cases with allegations of fraud, acting at the investigation stage and throughout the court process.

DLA Piper relocates Asia Pacifi c partnerA seasoned insurance lawyer in DLA Piper’s Asia

Pacifi c litigation and regulatory group, John Goulios will relocate from Melbourne to Singapore. Goulios has over 20 years’ experience in professional indemnity insurance work, having acted in disciplinary hearings and investigations brought by ASIC and the ACCC.

Brown Wright Stein appoints young gun partnerMaria Poniros has been appointed

partner in the IT and estate planning practice after being admitted for only six years. She is one of six partners recently promoted internally, bringing the total proportion of women partners at BWS to 36 per cent.

Deal Name: Frasers and Sekisui unite to build Central Park on BroadwayKey Players: Allens Arthur Robinson, Blake Dawson, Holding Redlich

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

Star shines for three fi rms on Broadway

Heffernan.Holding Redlich partners Neville

Allen and Carolyn Chudleigh, and senior associates Mark Pezzano and Vanya Lozzi, acted for Frasers on due diligence and FIRB requirements for the deal.

Blake Dawson acted for Sekisui House, led by John Stawyskyj, assisted by senior associates Lindy Randall and Alice Langham.

Frasers’ Singapore-based parent company is currently involved in similar ventures with Sekisui House on projects in Singapore and this deal represents an extension of the relationship into Australia.

Under the terms of the deal, Frasers will continue as development manager, project manager and sales and marketing manager for the project. According to Frasers, the park, which is a development of the former Carlton United Brewery site, is likely to open in early 2012.

Philip Kapp Shannon Finch Mark Paganin

Firm Clayton Utz (Collins Foods), Freehills (Joint Lead Managers)

Mallesons Stephen Jaques (Macquarie Capital Limited and UBS AG, Australia Branch), Allen & Overy ( BT Investment Management), Allens Arthur Robinson (Westpac)

Clayton Utz (Sundance Resources), Mallesons Stephen Jaques (Sichuan Hanlong Group)

Deal name Initial public offering and listing on the ASX of Collins Foods

BT Investment Management’s $275 million equity raising

Total acquisition proposal for ASX-listed iron-ore company Sundance Resources

Area Private Equity Equity capital markets M&A

Value $235 million $275 million $1.44 billion

Key players Clutz’ Philip Kapp Mallesons’ Shannon Finch Clutz’ Mark Paganin

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thisweek

8 L AW Y E R S W E E K LY 2 9 J U LY 2 011 w w w.law yersweekly.com.au

THE STATE Government must support and strengthen the Victorian Human Rights Charter “for the good of all Victorians”, according to the Law Institute of Victoria (LIV).

Speaking at last week’s public hearing into the parliamentary review of the charter, the president of the LIV, Caroline Counsel, gave evidence in support of the charter.

“In a relatively short period of time, the charter has shaped our laws and the policies and decisions of public authorities in a way that has brought real benefi ts to individuals and society as a whole,” Counsel said, adding that the courts and tribunals have used the charter to deliver benefi ts to people who “just want a fair go”.

Counsel cited a recent “distressing” case where the Department of Human Services took custody of four Aboriginal siblings and placed them in separate non-Aboriginal homes.

“With reference to the charter, the Supreme Court was able to endorse a magistrate’s decision to remedy this wrong and ensure that the children were placed into the care of their grandmother subject to strict conditions as to the children’s welfare,” she said.

“On this occasion, the charter did not stop the wrong from happening. But it helped fi x it and, hopefully, decision-makers are now better informed and equipped to make the right decisions in similar circumstances in the future.

Counsel warned against weakening or repealing the charter and said that those quick to dismiss the charter’s importance were acting out of “ignorance or privilege”.

“They are not aware of how it helps people or are misinformed of its terms or are part of the lucky majority who is well placed to defend and protect their human rights,” Counsel said.

MANY ORGANISATIONS have rushed to incorporate social media into their recruitment procedures without understanding how to use it effectively, according to recruitment company Hays.

Although social media offers employers, recruiters and hiring managers powerful new recruitment tools, including the ability to reach elusive passive candidates, face-to-face meetings need to remain central to the process.

“We’ve seen countless cases of organisations rushing into the online networking space before developing a proper strategy or thinking about what they want to achieve,” said director of Hays, Grahame Doyle.

“If companies want to be active in online communities, their image and reputation have to be carefully managed and monitored and they need to act quickly to address any issues because they can become widespread very quickly and have a signifi cant impact on candidate attraction.”

According to Hays, organisations considering incorporating social media into their recruitment process must fi rstly do their research and fi nd out what is being said online about the organisation and where it is being said. Secondly, organisations must actually listen to what is being said

and use that information for future conversations with potential

recruits.Organisations should also

identify potential audiences, develop a proper strategy and

involve the entire business in the social media strategy.

“Do not restrict your social media efforts to the HR department. Candidates want to have peer-to-peer conversations with those in the areas of the business they could work in.”

MEMBERS OF the public will have a say in potential changes to Australia’s privacy laws in the wake of the News of the World phone-hacking scandal, the Minister for Privacy announced last week.

Brendan O’Connor said the Gillard Government will call on the public to give their views on introducing a statutory cause of action for serious invasions of privacy.

“Right now there is no general right to privacy in Australia, and that means there’s no certainty for anyone wanting to sue for an invasion of their privacy,” O’Connor said in a statement.

“The News of the World scandal and other recent mass breaches of privacy, both at home and abroad, have put the spotlight on whether there should be such a right.

“This Government strongly believes in the principle of freedom of expression and also the right to privacy. Any changes to our laws will have to strike a balance between the two ideals.”

O’Conner added that he believes privacy is a growing concern for everyday Australians, whether through dealings with individuals,

businesses, government agencies or the media.“Privacy is emerging as a defi ning issue of the

modern era, especially as new technology provides more opportunities for communication, but also new challenges to privacy,” he said.

In 2008, the Australian Law Reform Commission released a report on privacy laws and made 295 recommendations for changes to privacy regulation and policy. These included a proposal to introduce a statutory cause of action for serious breaches of privacy.

According to Holding Redlich partner Ian Robertson, debate about a tort of privacy is long overdue.

“What we need in this country is robust political debate,” he told Lawyers Weekly last week. “I don’t think the quality of our society would be harmed, even a little bit, if people were able to protect their truly private information - unless there was an overriding public interest for it to be disclosed.”

O’Connor said that an issues paper will soon be released, followed by a period of public consultation will follow.

Victorians need charter for “fair go”

Govt announces privacy consultation

Strategy a must for social media recruiting

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

thisweek

8 L AW Y E R S W E E K LY 2 9 J U LY 2 011 w w w.law yersweekly.com.au

THE STATE Government must support and strengthen the Victorian Human Rights Charter “for the good of all Victorians”, according to the Law Institute of Victoria (LIV).

Speaking at last week’s public hearing into the parliamentary review of the charter, the president of the LIV, Caroline Counsel, gave evidence in support of the charter.

“In a relatively short period of time, the charter has shaped our laws and the policies and decisions of public authorities in a way that has brought real benefi ts to individuals and society as a whole,” Counsel said, adding that the courts and tribunals have used the charter to deliver benefi ts to people who “just want a fair go”.

Counsel cited a recent “distressing” case where the Department of Human Services took custody of four Aboriginal siblings and placed them in separate non-Aboriginal homes.

“With reference to the charter, the Supreme Court was able to endorse a magistrate’s decision to remedy this wrong and ensure that the children were placed into the care of their grandmother subject to strict conditions as to the children’s welfare,” she said.

“On this occasion, the charter did not stop the wrong from happening. But it helped fi x it and, hopefully, decision-makers are now better informed and equipped to make the right decisions in similar circumstances in the future.

Counsel warned against weakening or repealing the charter and said that those quick to dismiss the charter’s importance were acting out of “ignorance or privilege”.

“They are not aware of how it helps people or are misinformed of its terms or are part of the lucky majority who is well placed to defend and protect their human rights,” Counsel said.

MANY ORGANISATIONS have rushed to incorporate social media into their recruitment procedures without understanding how to use it effectively, according to recruitment company Hays.

Although social media offers employers, recruiters and hiring managers powerful new recruitment tools, including the ability to reach elusive passive candidates, face-to-face meetings need to remain central to the process.

“We’ve seen countless cases of organisations rushing into the online networking space before developing a proper strategy or thinking about what they want to achieve,” said director of Hays, Grahame Doyle.

“If companies want to be active in online communities, their image and reputation have to be carefully managed and monitored and they need to act quickly to address any issues because they can become widespread very quickly and have a signifi cant impact on candidate attraction.”

According to Hays, organisations considering incorporating social media into their recruitment process must fi rstly do their research and fi nd out what is being said online about the organisation and where it is being said. Secondly, organisations must actually listen to what is being said

and use that information for future conversations with potential

recruits.Organisations should also

identify potential audiences, develop a proper strategy and

involve the entire business in the social media strategy.

“Do not restrict your social media efforts to the HR department. Candidates want to have peer-to-peer conversations with those in the areas of the business they could work in.”

MEMBERS OF the public will have a say in potential changes to Australia’s privacy laws in the wake of the News of the World phone-hacking scandal, the Minister for Privacy announced last week.

Brendan O’Connor said the Gillard Government will call on the public to give their views on introducing a statutory cause of action for serious invasions of privacy.

“Right now there is no general right to privacy in Australia, and that means there’s no certainty for anyone wanting to sue for an invasion of their privacy,” O’Connor said in a statement.

“The News of the World scandal and other recent mass breaches of privacy, both at home and abroad, have put the spotlight on whether there should be such a right.

“This Government strongly believes in the principle of freedom of expression and also the right to privacy. Any changes to our laws will have to strike a balance between the two ideals.”

O’Conner added that he believes privacy is a growing concern for everyday Australians, whether through dealings with individuals,

businesses, government agencies or the media.“Privacy is emerging as a defi ning issue of the

modern era, especially as new technology provides more opportunities for communication, but also new challenges to privacy,” he said.

In 2008, the Australian Law Reform Commission released a report on privacy laws and made 295 recommendations for changes to privacy regulation and policy. These included a proposal to introduce a statutory cause of action for serious breaches of privacy.

According to Holding Redlich partner Ian Robertson, debate about a tort of privacy is long overdue.

“What we need in this country is robust political debate,” he told Lawyers Weekly last week. “I don’t think the quality of our society would be harmed, even a little bit, if people were able to protect their truly private information - unless there was an overriding public interest for it to be disclosed.”

O’Connor said that an issues paper will soon be released, followed by a period of public consultation will follow.

Victorians need charter for “fair go”

Govt announces privacy consultation

Strategy a must for social media recruiting

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thisweek

L AW Y E R S W E E K LY 2 9 J U LY 2 011 9

Phone hacking inquiry heats upLord Grabiner QC has been named chairman of the management and standards committee set

to investigate the phone-hacking scandal allegations surrounding News International, reports The Lawyer. News Corp said the committee would report directly to News Corp’s executive vice-president Joel Klein and be responsible for proposing and overseeing the implementation of new compliance, ethics and governance procedures at News International.

Bakers splashes cash for client smilesBaker & McKenzie has overhauled its global remuneration system, rewarding partners who focus on clients with an

additional slug of money, reports The Lawyer. The fi rm has introduced more credit for partners who perform well on client management, a focus underlined earlier this year by chairman Eduardo Leite who said “being a client-centric fi rm is our top strategic priority”.

Violent partners warnedPolice would be able to warn women and men if a new partner had a violent past under plans to reduce the number of

deaths and injuries from domestic abuse, reports The Guardian. The plans currently being considered by the home secretary, Theresa May, come after a proposal for a “Clare’s law’ was launched in London last week. The law follows the case of 36-year-old Clare Wood, who met her murderer through an internet website. The growth of online dating has encouraged the government to look at new ways to protect potential victims.

Will writers rip-off Thousands of people are being ripped off by unregulated claims management and will writing companies, the legal ombudsman has

said in his fi rst annual report. The UK legal ombudsman called on government to take action over unregulated companies offering consumer fi nancial services, reports The Guardian. The Law Society backed the claims and called for more protection for customers, citing increased bundling of legal services with fi nancial services as serious dangers for consumer protection.

US/U

K U

pdateTHE AUSTRALIAN Competition and Consumer Commission (ACCC) cannot be expected to properly police price-gouging under the carbon tax if it is not given specifi c legislative powers to do so, according to a competition lawyer.

Murray Deakin, the head of Middletons’ competition and regulatory group, told Lawyers Weekly that businesses may look to exploit the imposition of the carbon tax by bumping up prices for goods and services.

However, unlike the federal government’s position when the goods and services tax (GST) was introduced in 2000, the Gillard Government has not yet indicated whether the ACCC will be given specifi c powers to investigate those businesses it believes may be engaging in price-gouging.

“What’s missing in the current carbon tax debate is any meaningful ability or legislative means by which the ACCC could investigate and prosecute companies that are intent on price-gouging consumers with the imposition of the carbon tax,” said Deakin.

“Back in the year 2000, the ACCC had quite specifi c powers to regulate the pricing in relation to the interaction of the GST in part 5(b) of the old Trade Practices Act. It specifi cally prohibited price exploitation in relation to the GST. The ACCC had the power to investigate any company that it believed might be engaging in price exploitation, and it had a number of specifi c elements that needed to be satisfi ed in order to determine whether a company was engaging in price exploitation.”

Deakin said that thus far, the Government has not raised this issue in debate, though added that we may not know the full reach of the powers under the carbon tax legislation until the draft bill is released at the end of July.

While there are longstanding prohibitions against misleading and deceptive conduct or representations that are false or misleading in relation to the price of goods or services

The carbon tax may open the door to price-gougers, and the Government needs to be ready. Claire Chaffey writes

Carbon tax price-gougers may go unpunished

under the Competition Consumer Act, Deakin said this still leaves a very wide scope for companies to increase their prices without making any representations as to what triggered the price rise.

“They could do so with impunity from any actions that the ACCC might have available to them as the law is currently framed,” he said.

“The Government seems to be ‘empowering’ the ACCC to police the marketplace against price-gouging without really providing it with any meaningful ability to do so, except where a company will increase its prices with an accompanying explanation that the price rise is because of the carbon tax.

“If that proves to be false or misleading, the ACCC would have the means of prosecuting that particular company. But absent a carbon tax-related representation, there doesn’t appear to be any real ability on the part of the ACCC to prosecute a company which is taking advantage of the tax to increase prices.”

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hottopic

With the law around workplace bullying still shrouded in uncertainty, Stephanie Quine asks whether employees are taking advantage of this to one-up their employers

Bullying: the RSI of the noughties

10 l aw y e R S w e e k ly 2 9 j u ly 2 011 www.lawyersweekly.com.au

The inherent difficulty in defining what exactly constitutes bullying has seen an increase in work-related bullying claims, according to workplace lawyers.

More and more cases, they say, are emerging whereby an employer is legitimately trying to manage an employee’s performance and that employee responds by either going on stress leave or with an allegation of bullying.

“It makes the performance management far harder to achieve, because you’ve thrown into the mix all of those issues around bullying, which you then have to investigate separately,” says Rachel Bernasconi, an industrial relations employment lawyer and partner at Blake Dawson.

Gerard Phillips, the head of Middletons’ workplace relations and safety group, says the lack of a statutory definition of bullying not only poses a threat to necessary processes of performance management, but also detracts from genuine claims of bullying.

Phillips says he has heard of cases where young lawyers give mutually opposed definitions of bullying, such as “overloading someone with more work than they can possibly do” or “giving them nothing”.

“What RSI (repetitive strain injury) was to the ‘80s, bullying is to the noughties. If everything becomes bullying, it becomes like ‘the bully who cried wolf’. It’s a shame, because without a doubt there are people who are genuinely bullied,” says Phillips.

According to Bernasconi, identifying genuine cases of workplace bullying, which is often highly subjective, can be difficult unless there is a pattern of behaviour.

“A lot of the time, it’s about impressions. There is nothing in writing, it is one person’s

word against another’s and it can be very subtle,” she says, adding that sometimes those alleged to be bullying are “quite shocked that their behaviour would be perceived in this way”.

“If you get some kind of pattern of behaviour or a number of witnesses of the alleged behaviour … stories come out of the woodwork. It’s a lot harder if it’s a one-off incident.”

Bernasconi says that the “adverse action” provisions introduced into the Federal Fair Work Act in July 2009 have also opened up “easier avenues” for employees to make a claim than under previous legislation.

“There are still certain constraints on how you would frame a claim, but these provisions are definitely being increasingly used,” she says.

Recent amendments to the Crimes Act in Victoria also seek to prohibit bullying, but Bernasconi says those amendments address “serious bullying” and there is currently no national overarching code or legislation addressing the issue.

“It’s one of the most difficult things to advise on and manage in the workplace if these allegations come up,” she says. “If it’s not managed in a way that the employee feels like they can stay in the workplace, it often leads to them leaving.” In light of the latest harassment claim against

DLA Piper, workplace relations lawyers agree there is a higher awareness around rights in the workplace nowadays, but that bullying in law firms is no more frequent than in other workplaces.

Cameron Dean, a partner in McCullough Robertson’s workplace relations and safety group, regularly gives training on what workplace bullying means, how it operates and what peoples’ responsibilities are. He says that while bullying in law firms is an issue which has gained a lot of press, it is not any more of an issue than for any other profession.

“There will always be claims of this nature made whether you’re a lawyer, whether you’re an accountant, whether you’re an architect,” says Dean.

“I’d love to believe that we maintain a high standard as a profession, but we are not subject to a lesser standard and we will be held to account to that same standard. I don’t think the fact that we are lawyers makes us immune from allegations of bullying.

“Most people, when they join a profession, have an expectation of what the level or standard is within the workplace … but that doesn’t mean there can’t be inappropriate behaviour in [that] workplace, or that people can’t do something about it.” LW

Rachel Bernasconi, partner, Blake Dawson

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indepth

Law students from around the Asia-Pacific had the opportunity recently to explore a world beyond the offerings of corporate law – and it seems they liked it. Stephanie Quine reports

ALSA opens eyes

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Law students have praised the 2011 Australian Law Students’ Association (ALSA) conference for opening their eyes to careers outside the corporate

law sector. This year’s conference, in its 33rd year,

featured a careers fair offering insight into a vast array of professions available to law students.

Murdoch University student Liz Wills said the fair, which featured 14 stall holders, was the highlight of the seven-day conference and that she was still reading material she collected from it.

“I’m now closer to deciding what I really want to do with my law degree. I got interested in commercial law and an opportunity to work with the United Nations in different countries. I also realised pro bono work would be great,” she told Lawyers Weekly.

University of Technology student Angie Piao, in her third year of Medical Science/Law, also found the educational forums run at the conference “inspiring” and “eye-opening”.

“One of the things I have learned is that a career in the corporate sector is not the only choice, and I am keen to explore other options like community and pro bono work,” she said.

The forums featured high-profile experts in the field speaking on topics including Beyond Corporate Careers, Online Censorship and Legal Reforms for Gay, Lesbian, Trans and Queer (GLBTIQ) People.

Tim Hitches, a final-semester law student at the University of Adelaide, said he particularly appreciated the Beyond Corporate Careers forum, as well as the networking opportunities with other law students which the ALSA conference offered.

“I am especially interested in alternative dispute resolution as a career path, and I’m glad to have met other students at the conference with the same interest,” he said.

The ALSA conference was also enjoyed by law students from abroad, particularly as it offered the chance to explore Sydney, and saw some fierce competition between students as they fought it out in mooting and interviewing competitions.

First-time competitor Hitches represented

the University of Adelaide in the client interviewing competition and, while his team did not get past the preliminary rounds, he said it was “definitely an educational experience”.

“Every judge came from a different background and had a different perspective to offer. If I do come back it would definitely be as a competitions judge! That way I can put future competitors through the same ordeal we went through ... Actually, I’d probably be really nice and pass on all the useful advice our own judges gave us,” he said.

This year’s competitions saw the University of Otago take out the national championship moot and the client interview competition, the University of Melbourne win the IHL moot, the University of Auckland come up trumps in witness examination, Macquarie University beat the field in negotiation, and Flinders University take the cake in paper presentation. LW

“I’m now closer to deciding what I really want to do with my law degree. I got interested in commercial law and an opportunity to work with the United Nations in different countries. I also realised pro bono work would be great”

LIz WILLs, stUdeNt, MUrdoch UNIversIty

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Speaking to Lawyers Weekly following last week’s seminar, The Right Path for Business, Mallesons partner Rob Cooper said that clients are becoming

increasingly interested in the notion of human rights-friendly business practices.

The seminar was run for clients in response to the recent endorsement by the United Nations Human Rights Council of professor John Ruggie’s Guiding Principles on Business and Human Rights.

The principles, which have been in the pipeline for more than six years, are based on the fundamental notion that states must protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises, and that this requires taking steps to prevent, investigate, punish and redress abuse of human rights through policies, legislation, regulations and adjudication.

According to Cooper, the UN’s endorsement of the principles has encouraged stakeholders to examine the effect of human rights on businesses within Australia and overseas.

He also says that while it is likely to take some time for the principles to be widely adopted, the notion of human rights and business being closely aligned is akin to how environmental issues were viewed a decade ago.

“Ten years ago, hardly anyone [spoke about sustainability],” he said. “Now, if you’re not talking about sustainability with your own employees, as well as to your customers and suppliers, it is a bit odd. Sustainability is almost main stream now.”

The speakers at last week’s seminar were Professor David Kinley, chair in human rights

Human rights the new green

law at the University of Sydney, Elaine Prior, director and senior analyst at Citi Investment Research and Analysis, and Mitchell Landrigan, legal counsel at Telstra.

A key outcome of the seminar was the notion that businesses now have the opportunity to differentiate themselves, in terms of human rights, the way they do in terms of environmental issues.

“Maybe it is going to take 15 years for this matter to really become a central issue for boards to consider, but really, some corporates are now acting on this. It’s an opportunity to differentiate yourself from your competitors,” said Cooper.

“The retailers and manufacturers, people like Nike and GAP, are very active in this area already, and they use this to positively differentiate themselves. They look at where they source materials and make sure that there are proper health and safety processes going on, and that they are not involving child labour.

“There is an opportunity to differentiate

by picking up the principles and running with them, and then broadcasting that to the customers, saying, ‘Look at us. We don’t operate in the same way as some of the other people you might be buying things from’.”

Cooper also said the speakers encouraged businesses to be proactive in adopting the principles, in what he called a “defensive opportunity”.

“There was quite a lot of talk about brand damage and what can happen when things go wrong,” he said. “When something does go wrong, it has a habit of ending up on the front page, and the sort of brand damage you then get is very diffi cult to deal with.

“This is not going to involve a large cost for an entity. Think about these things now. Put it on the agenda and talk about them internally. This can actually lead to an avoidance of brand damage, and then it fi ts into general risk mitigation, which all companies are looking at anyway.”

While professor Kinley spoke of the need for the Government to lead on this initiative, along with business leaders, he also said that professional services fi rms need to step up to the challenge.

“Professor Kinley raised a very good point, and that is that it is a multiple-pronged approach here,” said Cooper. “Government needs to lead, and the business community is taking the lead already. Basically, they then need to bring the rest along. He also said professional services advisors need to move forward as well, saying that accountants are doing a good job, but that law fi rms need to do a bit of catching up.”

The protection of human rights while doing business is the new sustainability, according to the head of Mallesons Stephen Jaques’ human rights group. Claire Chaffey writes

“The retailers and manufacturers, people like Nike and GAP, are very active in this area already, and they use this to positively differentiate themselves”ROB COOPER, PARTNER, MALLESONS STEPHEN JAQUES

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legalleaders

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L ike many before him, Greg Barns strove to become a lawyer because of a deep-seated desire to use the law as an agent for social change.

However, what he found when he actually got there was a matrix of tradition that often frustrated the road to justice and took that much-desired social change in the wrong direction.

Starting his career as a criminal defence lawyer after graduating from Monash University in 1984, Barns was a member of the Victorian Bar from 1986 to 1989 before leaving to pursue change in another forum: politics.

For the best part of 10 years, Barns worked in the political arena and was chief of staff and senior adviser to a number of federal and state Liberal Party leaders.

He even put himself forward as a Liberal Party candidate in 2001, but these ambitions ended abruptly the next year when he had a falling out with the party over his criticism of the Howard Government’s asylum seeker policy. He was subsequently dis-endorsed as a candidate.

“It’s something I feel strongly about because I think Australia’s approach [to asylum seekers] is extraordinarily punitive,” he says. “It’s unbecoming of a democracy to treat people in this way and it fails to recognise that there is no queue, no formal process that works, and that you’re always going to have people smugglers whilst the official processes don’t work.”

a champion for the peopleIn 2003, Barns returned to the legal profession, this time in Tasmania, to practice in the criminal, administrative and human rights arenas. And while his career path had again changed course, his determination to be an advocate for the cause of asylum seekers never left him.

This was no more apparent than earlier this year, when Barns openly criticised the Gillard

Government’s hard-line response to violent protests at the Villawood detention centre, which Barns calls “the Villawood tragedy”. Barns vigorously defended the rioters, citing past cases where detainees’ actions had been justifiable - albeit illegal - and says that the Government’s attitude to the plight of the detainees showed “no insight and much craven stupidity”.

Championing causes which are controversial or highly contentious is not something foreign to Barns. In 1999, he ran the republic referendum campaign with Malcolm Turnbull, and earlier this year in Tasmania he (alongside barrister Stephen Estcourt QC and top-tier firm Freehills) was able to persuade the Supreme Court of Tasmania to declare that a prisoner had been held otherwise than in accordance with his rights under the Corrections Act while in solitary confinement in Risdon Prison. The case was considered a major breakthrough in the fight to ensure some of the state’s more difficult prisoners were treated humanely.

In the last decade, Barns has also advocated for the de-criminalisation of drugs, championed the reform of Australia’s anti-terror laws, and been a voice for deported, mentally ill non-citizens convicted of criminal offences in Australia.

At present, Barns is continuing that work through his role as director of the Australian Lawyers Alliance – a vocal group of legal professionals dedicated to the protection and promotion of justice, freedom and the rights of individuals.

The write stuffOne thing that Barns has maintained over the years is a strong voice in the Australian media, often expressing his views in print, and this is something he believes goes some way to being as effective an advocate as possible.

walking the line

Between defending prisoners, admonishing the Government and championing the plight of the marginalised, Greg Barns has toed the line between justice and the law. He talks to Stephanie Quine about life, politics and barracking for the underdog.

Photography by Chris Gleisner

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Simply churning people through the courts, without giving any regard to mental illness or to their circumstances ... means that we’re not really according justice to that society”

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“I think to be a good lawyer you’ve got to have a lot of interests outside the law,” says Barns, who regularly writes on political and legal issues for Crikey, the ABC’s The Drum and Hobart’s The Mercury.

Through his writing, Barns has established himself as a straight shooter and someone completely unafraid of airing his views. This image was cemented in 2005 when, during the Cronulla riots, he wrote in The Mercury that Australia was “backwater, racist and inward-looking country that turns its back on adventure and the opportunity to do better; a country that has rejected leaders who provide the chance for a multi-racial, multicultural and independent nation to prosper in the region where it is, Asia-Pacifi c”.

He wrote that those so-called “rejected leaders” - Paul Keating, John Hewson and Malcolm Fraser – were achieving momentum to move Australia from an “Anglo-European racist conservatism towards becoming truly cosmopolitan and modern”.

“I think that Australia has become very conservative post-Keating,” he says. “There is a xenophobic underbelly that politicians scratch. I can’t think of anyone in the parliament who has Keating-like policy vision.”

Barns has also authored several books, including What’s Wrong with the Liberal Party? (2003) and Selling the Australian Government: Politics and Propaganda from Whitlam to Howard (2005). Both offer an insider’s critical review on the state of the Liberal Party, how it sells itself (both publicly and behind the scenes) and how the expensive propaganda effort affects the political process.

Legal heroesWhile Barns is deeply interested and entrenched in the workings of Australian politics, he says many of his mentors came from the legal

profession and have offered him strength and inspiration throughout his career.

“Michael Kirby is someone I have great respect for, as is Chris Maxwell in the Victorian Court of Appeal and Weste rn Australia’s Chief Justice, Wayne Martin, because of his decision to

modernise the courts, to abolish wigs, and allow cameras in court to

ensure they are better understood by the media and the community,”

he says.“We’ve had some world leaders

[when it comes to] making sure that justice is something that is not simply a

bi-product of the law, but is something that accords with reality.”

This “reality” is something which is a driving force in Barns’ life and, when he’s not provoking public debate by putting pen to paper, he makes a habit of helping those who are “struggling to make their way in life” and stuck in the brutal reality that is Australia’s criminal system.

“I’ve always done work for people who you might say are in a ‘David and Goliath’ kind of situation,” he says.

“I’m always impressed by what [David Simon], who conceived and produced [American crime drama] The Wire, talks about … that in every society, 10 to 15 per cent of the population is just churning through the criminal justice system, day in, day out.”

Talking alternativesWhile Barns has spent much of his career inside the courtroom wrestling with the criminal justice system, he says that alternative dispute resolution (ADR) is a “much more progressive way” to resolve grievances - whether it be therapeutic justice in mental health courts or restorative justice.

“The traditional form of justice doesn’t really give anyone great satisfaction, particularly in the criminal sphere,” he says. “These alternative forms are much more in keeping with the way we operate as human beings, and you get a much greater awareness of why people commit the crime.”

Barns looks to Canada and the UK, which he says have have taken some “very impressive and successful steps” in ADR, and says there is no reason why we have to use punitive approaches in criminal cases when people are open to using ADR methods.

“Simply churning people through the courts, without giving any regard to mental illness or to their circumstances and trying to do something about those circumstances or that illness, means that we’re not really according justice to that society,” he says.

A personal struggleFor Barns, the issue of mental illness is one to which he can very closely relate. Diagnosed with depression in Canberra almost 15 years ago, he recalls times when he could not stop crying alone and was exhausted by work.

He now takes medication for bipolar disorder and says that a life in law is diffi cult for sufferers of mental illness, especially when the issue is “not being taken seriously enough” by the legal profession.

“The law is not conducive for people with mental illness,” he says. “The law is very diffi cult because it’s all consuming, it’s adversarial, there’s not a lot of collegial support sometimes, and I think it’s often very lonely - particularly if you’re a barrister.”

Barns says the recent spotlight on magistrate Brian Maloney, who had to plead for his job in front of the NSW upper house, was a bad look for how mental illness amongst lawyers is dealt with.

“I think it was a really good example of how the law is not caring enough for its own,” he says.

As for his own mental illness, Barns says medication does help, but “you need to get work-life balance right” - something he admits is not easy.

“I think you’ve got to learn to put boundaries around your work hours. I exercise most days; run and go to the gym, and cutting back on drinking - which is a favourite past time of lawyers - always helps,” he laughs.

Listening to music also assists, he says, and when he’s not working or writing he indulges his passion for classical music and jazz.

The ongoing fi ghtSomething that uplifts Barns (even more than the piano melodies of his favourite jazz musicians Keith Jarrett and Brad Mehldau) is seeing the rights of individuals promoted and protected. Whether by litigation or persistent open fi re on political leaders and existing systems, Barns says he will continue to champion the “Davids” of the world when it comes to upholding human rights.

Last month, he welcomed the High Court’s rejection of the 2009 NSW anti-bikie legislation as “invalid”, saying that those laws (based on Australia’s anti-terror laws) represented “the most fundamental breach of human rights this country has seen since the Second World War” for allowing ‘guilt by association’.

And while ever there are infringements of human rights occurring in Australia, you can guarantee Barns will be there, boldly sharing his view and doing all he can to advocate for those unable to stand up for themselves.

“I think when you see someone’s life has been improved by an experience with the legal process, that is quite rewarding,” he says. “Amongst all the disappointment, when you see people whose rights have been improved, that’s really tremendous to see.” LW

“Amongst all the disappointment, when you see people whose

rights have been improved, that’s really

tremendous to see”GREG BARNS

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kind of SeoulLaw by numbers

11,485 the number of certifi ed lawyers in South Korea

10,044 the number of practising lawyers in South Korea

7,163 the number of lawyers working in Seoul

2,486 the total number of judges, including the Chief Justice and Supreme Court justices

8,000 the number of civil cases in 1954

4,080,033 the number of civil cases in 2009

2,036,250 the number of criminal cases in 2009

36 the number of branches of the Korean Legal Aid Corporation

27.5 billion the budget, in KRW, for legal aid in 2010 ($24.3 million)Source: the Korean Bar Association (all fi gures as at March 2010).

“We think that having a physical presence is symbolically important. It shows that you’re really committed to the market” IAN WILLIAMS, PARTNER, BLAKE DAWSON

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kind of As South Korea gradually opens its market to the European Union, Australian law fi rms will soon be able to make a move into a relatively untapped legal market. But do theywant to? Briana Everett reports

Following the long-awaited approval of the free trade agreement (FTA) between the European Union (EU) and South Korea, a number of international law fi rms are set to bolster their

presence in the South Korean legal market. And with negotiations surrounding the

Australia-South Korea FTA set to wrap up by the end of this year (if all goes to plan), a number of Australian law fi rms will be re-evaluating their Asian growth strategies as they await the fi nal outcome and learn exactly where they stand.

In its 2009 submission to the Department of Foreign Affairs and Trade regarding the proposed FTA between Australia and South Korea, the International Legal Services Advisory Council – whose members include Corrs Chambers Westgarth CEO John Denton and Mallesons Stephen Jaques CEO Robert Milliner – called for the introduction of a right for Australian lawyers to enter South Korea and provide legal services as ‘foreign lawyers’ on a fl y-in, fl y-out basis through representative offi ces (thus not being required to meet a minimum residency requirement).

The Council also sought the right for Australian lawyers and fi rms to establish offi ces in South Korea and enter into cooperative agreements with local fi rms through partnerships or joint ventures.

While there’s no certainty as to whether Australia’s FTA negotiations with South Korea will be fi nalised by the end of this year, the FTA is expected to mirror that of the European Union, which received approval on 16 September 2010. This was only achieved after eight rounds of talks which kicked off in May 2007.

The EU-South Korea FTA established a timescale

feeling

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for the gradual opening of South Korea’s market to EU firms and, as of this month (1 July 2011), European-based law firms can now set up representative offices in South Korea and advise on foreign law.

After 1 July 2013, foreign representative offices will be able to enter into cooperative arrangements with local firms, advising on both domestic and foreign law and, after 1 July 2016, European firms will be able to invest in Korean firms and recruit Korean lawyers to provide multi-jurisdictional services.

Not all smooth sailingDespite this progressive collaboration between South Korea and the EU (as well as the United States), the liberalisation of the South Korean market has been met with opposition from the conservative Korean Bar Association, says the associate director (Asian commercial law) at Melbourne Law School’s Asian Law Centre, Andrew Godwin.

“There is concern [amongst the local legal market]. South Korea has been quite conservative and has held off opening up the market for quite some time,” says Godwin. “They made no commitment to opening up the market to foreign law firms in their commitment

The legal market

South Korea is the last member of the OECD to move towards liberalising its legal services market.

At present, foreign law firms are not permitted to establish offices in South Korea.

Lawyers with foreign licenses are not permitted to practice and their status is not officially recognised.

The growing demand for legal advisers with expertise in international finance was indicated in the signing of the free trade agreement between the US and South Korea in June 2007 (not yet ratified by either govern-ment) and between Europe and South Korea in October 2010.

From July 2011, European law firms will be permitted to open repre-sentative offices in South Korea in order to advise on non-Korean law.

By July 2013, European firms will have the right to enter into co-operative agreements with Korean firms and advise on legal issues involving a mixture of domestic and foreign law.

By July 2016, European firms will be allowed to invest in local firms and hire Korean lawyers.

Australia and South Korea are still engaged in free trade negotiations. Prime Minister Julia Gillard has indicated that she would like to see them concluded this year.

Politics

The Republic of Korea (ROK) was created in 1948 at the end of the Korean War and operates under a presiden-tial system. Power is shared by the executive (headed by a president), the legislature (a single-house National Assembly) and the judiciary.

The current president, Lee Myung-bak of the conservative Grand National Party (GNP), won the presidential election in December 2007 and was inaugurated on 25 February 2008.

Relations with the Democratic People’s Republic of Korea (DPRK) remain extremely tense, especially since the sinking of South Korean navy ship Cheonan, in which 46 sailors died, on 26 March 2010.

to GATS (the General Agreement on Trade in Services, which came into force in 1995) and, as a result, they are dealing with it by way of bilateral free trade agreements.”

Regardless of these concerns, and the speed at which the Australia-Korea FTA negotiations come to an end, Godwin says Australian firms are unlikely to set up shop in South Korea immediately.

“I think Australian law firms will be considering the benefits of opening an office in Korea along similar lines to other jurisdictions in Asia. Namely, do they think they’ll be servicing clients who might be investing in that jurisdiction? Would there be a benefit in terms of inward investments from Korea into Australia?” he says, adding that while he doesn’t expect masses of Australian firms to establish a presence in the newly-opened market, there may be a handful of firms seriously considering their options.

“I don’t think you’ll have the same critical masses as you have with the European-based international law firms or the American law firms, many of which service the Korean practice out of Hong Kong. Firms that have the relevant people may consider opening up and it may be driven largely by client need. I think

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a lot depends on the resources firms currently have, and their focus.”

Godwin adds that Australian law firms have not yet developed a significant South Korean focus to the same extent that the European-based international firms have, meaning plans to launch a representative office in South Korea is not as much a priority for Australian firms as it is for the European international firms at this stage.

“Unless you’ve got the critical mass and existing practice, it makes sense to hold back and see how things develop,” he says. “I don’t expect South Korea to have quite the same attraction as mainland China, for a number of reasons, but I think there may be one or two Australian firms with a Korean focus that will be following developments with interest.

“But ultimately, as was the case perhaps in the early days of the opening of the legal market in China, it will be opportunistic in nature.”

sights on seoul Although most Australian firms aren’t expected to immediately establish offices in South Korea, there are a number of firms contemplating their South Korean strategy and the establishment of a representative office once the market is open to Australia.

Travel & Trade

It is generally safe to travel in South Korea, although tense relations between South Korea and North Korea mean that travel to the Northern Limit Line Islands in South Korea is not advised.

The Federal Government advises Australians to monitor developments because of the risk that tensions on the Korean Peninsula could escalate.

South Korea represents Australia’s fourth-largest export market, with goods and services exports adding up to $18.4 billion in 2009-10. Resource commodities (energy and mineral products) and metals, such as aluminium and copper, account for over 70 per cent of Australian merchandise exports to Korea.

People & Culture

Population: approximately 49 million

Taekwondo: a traditional Korean martial art, is the national sport

Samulnori: meaning “four instruments”, is traditional music with its roots in Buddhist and folk music

Bosintang: (or dog meat soup) is reputed as making men more virile and is generally consumed at the height of summer

World Cup: South Korea hosted the 2002 FIFA World Cup and made it all the way to the semi-finals before being defeated by Germany

One of those firms is Blake Dawson, which, according to partner Ian Williams, has been servicing South Korea since 1997 on a fly-in, fly-out basis.

“It’s always difficult when we’re relying on government negotiations because they’re always fraught with difficulty, but we imagine the Australian FTA will mirror the US FTA in relation to access for legal firms. In the interim, we’ve greatly increased the frequency of our visits,” says Williams, who heads the firm’s North Asia practice, splitting his time between Sydney and the firm’s Tokyo office.

According to Williams, as Australia joins the international legal services market, it is important to consider the firm’s international presence and strategy in Asia.

“With four of the leading UK or magic circle firms establishing a presence in Australia, it’s important for us to also consider a need to have a presence on the ground … Last year, we established the Tokyo office and that has really exceeded our expectations. We’d look to mirror that with Korea,” he says.

“We’ll probably use what the UK firms are doing, which seems to be a fairly small presence on the ground and then a lot of fly-ins and fly-outs. We think that having a physical presence

is symbolically important. It shows that you’re really committed to the market.”

For DLA Piper, Korea is an important market and one in which the firm must have a presence, according to DLA Piper’s managing director (Asia-Pacific, Middle East and emerging markets), Alastair Da Costa.

“Given Korea’s prominence in the economic and global community it is clear that we must have a presence in this important market,” says Da Costa. “As the market progressively opens in Korea, it will be interesting to see how quickly international and multinational firms can become active in that market … The Korea-Australia connection is burgeoning.”

Global firm Baker & McKenzie also confirmed its desire to set up shop in Korea. “As Korea is an important market, we are closely monitoring regulatory developments,” says Baker & McKenzie pacific regional chairman Jeremy Pitts. “At a time that it makes sense to our clients as well as ourselves, we will certainly consider establishing an office in Seoul in compliance with all applicable Korean laws.”

While a number of Australian firms currently service the Korean market on a fly-in, fly-out basis, Godwin notes the residency requirements of fly-in, fly-out services under the EU FTA and

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the possibility that a similar constraint may be imposed upon the fly-in, fly-out provision of services under the Australia-South Korea FTA.

“There may not be any express prohibition on the provision of legal services on a fly-in, fly-out basis but I think there will be a question mark over that,” he warns. “Because this wasn’t covered by Korea’s commitment to GATS, I think there is a question mark about where it leaves law firms or lawyers who want to provide services on a fly-in, fly-out basis.”

softly, softlyWhile firms such as Blake Dawson, Baker & McKenzie and DLA Piper will be watching the FTA negotiations closely, a number of other Australian-based firms are not as eager to establish a physical presence in South Korea.

“We act for many Korean clients in Australia and south-east Asia,” says Allens Arthur Robinson chief executive partner Michael Rose. “We have had secondment arrangements with Shin & Kim throughout the last decade and we have good relationships with other leading firms in Korea. In the circumstances, we have no desire to establish there.”

Similarly, while closely watching the market, Minter Ellison chief executive partner John Weber says there needs to be a very solid business case for the firm to establish a new international office.

“Given our focus on inbound investment into Australia, Korea is an important market for us,” he says. “At present, we service our Korean clients’ needs by flying our lawyers in and out as required. We also have informal and non-exclusive arrangements with domestic Korean firms. We don’t expect these arrangements to change in the near term.”

While Norton Rose Group does not currently have plans to move into South Korea, group deputy chief executive and Norton Rose Australia managing partner Don Boyd claims it would be “foolish to ignore this market”, while Mallesons Stephen Jaques chief executive partner Robert Milliner said the firm wouldn’t rule out setting up a representative office in Korea.

On the global scale, while the EU-South Korea FTA has received approval and came into play this month, many of the European-based international firms are also hesitant, waiting for further details of the liberalisation process before committing to the establishment of a representative office.

“We have ambitious plans for growth in Asia and Korea is an important part of that strategy,” says Clifford Chance regional managing partner (Asia-Pacific) Peter Charlton.

“We welcome the recent legal liberalisation and are working towards having a suitable presence in the country at the first available opportunity.” LW

“I think there may be one or two Australian firms with a Korean focus that will be following developments with interest. But ultimately, as was the case perhaps in the early days of the opening of the legal market in China, it will be opportunistic in nature” AndreW GodWIn, MeLBourne LAW SChooL

Doing business When conducting business in South Korea, there are a few things you should keep in mind:

l The most senior South Korean will enter the room first

l The standard Korean greeting is “Anyeong hasseyo?” and literally means “Are you peaceful?”

l Don’t take off your suit jacket unless the most senior South Korean does so

l Have all documents available in both English and Korean

l Dress conservatively: men should wear dark-coloured suits with white shirts and women should dress conservatively wearing subdued colours

l Men wearing jewellery beyond a watch or wedding ring is generally frowned upon

l Business cards are exchanged in a highly ritualised manner and the way you treat someone’s business card is seen as indicative of the way you will treat the person. As such, use both hands to present your business card (which should be bilingual), examine any business card you receive carefully and never write on someone’s business card in their presence

l Do not insult or criticise a South Korean in front of others: “losing face” is one of the greatest fears within this culture

l Communication which is succinct and direct is appreciated, and there tends to be a “less is more” culture when communicating

Source: Kwintessential

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24 l aw y e r s w e e k ly 2 9 j u ly 2 011 www.lawyersweekly.com.au

careercounsel

The proportion of female graduates

in full-time employment compared

to 75.4 per cent of male graduates.

76.7 %Source: Graduate Careers Australia report, Graduate Destinations 2010

The proportion of bachelor degree

graduates available for full-time employment in

2010 who found a full- time position within four

months of course completion.

76.2 %my next move

I want to move in-house but there seem to be less opportunities available than

when I moved into private practice. Is this due to the current market conditions?

There are always going to be fewer opportunities available within the in-house legal

market. It is a finite market and as such, teams generally run a lean headcount with a reasonably flat structure. When working in private practice, lawyers are producing money for the business but within the in-house environment, legal teams

Kelly Roberts, consultant (in-house), Randstad Legal

Graduate employment

prospects

UK research released this month from the Institute of Leadership and Management and Ashridge Business School has revealed that 57 per cent of new graduates plan to leave their current role within two years, while 40 per cent hope to find a new job within the year.

Despite the substantial competition for graduate jobs – as is the case in Australia, where job prospects for graduates have declined in the last two years – almost one in five (16%) graduates want to move into a new role as soon as possible.

The study, Managing New Graduates, which surveyed over 1,900 graduates and managers, uncovered a divergence between the expectations of new graduates and their employers. The research revealed that money, status and career advancement are the key career drivers for the current generation

Q

A

It’s increasingly difficult to retain graduates, according to a new survey, with more than half planning to leave within two years. Briana Everett reports

Graduate flight risk

are a cost to the business. In-house teams can’t expand for the sake of it.

Given the current market conditions there has been a cautious approach towards recruitment. However, we have still seen a positive increase in the number of roles available, compared with last year, at the more junior end of the market. This is a good sign of market repair and confidence returning to the market.

Going into the new financial year we expect the senior end of the market to show signs of movement, although naturally there are less senior opportunities – the air gets thinner the higher you climb!

of graduates, with their top three priorities being challenging/interesting work (33%), a high salary (32%) and advancing their career (24%).

The research also revealed that 38 per cent of graduates are dissatisfied with career advancement in their current organisation, while one third of managers (31%) claimed their greatest challenge when working with graduates is managing their expectations.

“University students are increasingly looking at options beyond the law when they graduate,” explains Allens Arthur Robinson’s people and development director, Jane Lewis.

“We need to constantly look at ways to build relationships with students on campus to find varied ways of giving them a sense of the advantages of starting their career at Allens.”

To ensure graduate lawyers are given the meaningful work they desire, Lewis says the firm has recently focused on giving its graduate lawyers more exposure to high-value work early on in their employment.

“Over the last number of years we have been focused on giving lawyers exposure to our clients, and their commercial issues, as soon as they start with the firm,” she says.

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App makes giving the boot easy

A Scottish law firm has launched a new iPhone app which will arguably hold vast appeal for a good number of law firms around the world.

As RollonFriday reports, MacRoberts has released a helpful app which allows employers to calculate the cost of giving the boot to useless employees.

The free app quickly estimates the total redundancy entitlement or unfair dismissal costs involved in getting rid of a particular employee - perfect for those spur-of-the-moment dismissals.

The “MacRoberts HR Adviser”, which also provides employment law facts and figures “at your fingertips”, offers both a redundancy and unfair dismissal compensation calculator.

To calculate a redundancy payout, users simply enter the soon-to-be unemployed person’s age, number of full years of service and their weekly pay before tax. For an unfair dismissal, users must enter the disgruntled former employee’s age at the date of dismissal, the number of years of full service, their weekly pay before tax, their net weekly pay and weeks without pay.

Folklaw warns poor performing lawyers to watch out if their boss starts entering figures into their iPhone during a bad performance review - they could be headed for the door.

folklaw

26 l aw y e r s w e e k ly 2 9 J u ly 2 011 www.lawyersweekly.com.au

Lycra-clad lawyer becomes YouTube sensation

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

A lawyer who cheated investors of $100 million to buy his wife a $350,000 diamond ring has been convicted of grand larceny and faces up to 25 years in prison.

RollonFriday reports that James w. Margulies made his illicit millions via a securities fraud – a so-called “pump and dump” scheme – which artificially inflated the price of stock in industrial enterprises of America inc. - a company at which he was corporate counsel and briefly Ceo.

Margulies is alleged to have used the profits to fund a high roller lifestyle filled with private jets, pricey homes and the $350,000 diamond ring for his wife.

not so subtly, Margulies spent an estimated $7 million on the high life, including $2 million on real estate alone.

Tens of millions of shares were issued to friends and family and immediately sold to bump up their value before Margulies flogged more shares to investors at the inflated price.

Margulies’ fellow executive John d. Mazzuto (who has been told to expect a one to three year jail term for his involvement)

A bike pants-wearing lawyer made headlines in the Uk last week when a video of him being punched in the head by a rage-riddled driver made its way onto YouTube.

RollonFriday reports that British lawyer Simon Page, a partner at Schneider Page who also happens to be a keen cyclist, was spending his weekend training for a leisurely cycle from london to Paris for charity when the incident happened.

Speaking to RollOnFriday, Page described the circumstances of the attack which took place in May. Apparently, whilst enjoying the 200-odd kilometre trip from dover to london, Page and a peloton of six other cyclists reached the lovely suburb of Bexley Village in london’s south.

Page said a silver Peugeot hooned past the group and forced one cyclist off the road. The unhappy rider shouted at the driver and gave the car’s back door a friendly touch-up via an open-handed slap. The car promptly screeched to a

Lawyer scams millions to buy diamond ring

halt, spewing forth a band of bogans who saw cause to engage in physical violence.

Page was watching the spectacle from further up the road, listening as polite conversation - such as, “we’re f*cking gonna run you over” - was exchanged between the cyclist and the band of bogans.

However, just as the driver set off again in his Peugot, he clipped Page with his rear-view mirror - some-thing the occupants of the car apparently didn’t like very much.

This time, the irate driver got out of the car, ran over and started swinging at Page, punching him in the head and knocking him to the ground (luckily, he was wearing what appeared to be padded bike pants - attractive and practical).

The police eventually got in touch with Page, with the first question being whether Page thought he was attacked because he was a lawyer (not, strangely, because he had innocently become embroiled in a random act of physical violence).

testified and cut a deal with prosecutors to reduce his own sentence. He was described by Margulies’ lawyer as “one of the grand scamsters of our generation”.

Margulies was convicted on 30 counts of grand larceny in the first degree, and will be sentenced on 9 August.

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www.lexisnexis.com.au/practicalguidance* $79 per month for 1 practice area for 1 fee-earner. Special offer price applies to the initial 12 month subscription.

Offer not available in conjunction with any other offer. Offer expires on 30 September 2011. Offer only available for fi rms with 1-20 fee earners.

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taylorroot.com.au

Front End Construction Lawyer SydneyOne of Australia’s leading infrastructure organisations is seeking an experienced construction lawyer. It will be a broad role involving negotiating and drafting construction and procurement contracts. In return it offers competitive remuneration and a supportive team environment. Ref: 644137. 5-7 years

IT/Outsourcing SydneyIn the last week, three major Sydney IT/TMT teams have all announced new roles. Looking for people at all levels, you will fi nd no shortage of work and three separate, distinct cultures. Now is the time to get on board the boom and make your next move.Ref: 644431. All levels

IT Hardware Lawyer SydneyLeading global technology company requires an IT/Commercial lawyer to join its friendly team supporting their ANZ/Pac business. Experience within the telco sector would be an advantage but not essential. You should be comfortable working in a fast paced commercial environment. Ref: 644360. 5+ years

Litigation SydneyOne of the country’s leading litigation practices is actively recruiting multiple positions across all levels. Get the opportunity to be involved in some of the most signifi cant matters in the market. Gain exposure across TPA, IP, Insolvency and Insurance litigation. Ref: 644154. 1-5 years

Legal Analyst – M&A/ECM SydneyBoutique investment banking and advisory business is seeking a junior lawyer interested in a rare front-end corporate fi nance transactional opportunity. Origination and execution of M&A and ECM transactions. Superb opportunity for lawyers seeking a unique career opportunity. Ref: 644411. 1-4 years

Energy PerthMultiple opportunities exist for talented energy lawyers to join this thriving top tier fi rm. This award winning team has some of the best work in Australia. Our client is interviewing candidates with experience in oil, gas or mining. M&A lawyers will be considered. Ref: 642779. 3+ years

Banking MelbourneThis premier fi rm in growth mode and embracing its national strategy is continuing to seek applications from stellar banking lawyers. Working with 3 outstanding partners, the role offers a broad fi nance practice and so the fi rm can massage the role to suit your interests. Ref: 644413. 2+ years

In-House/Corporate MelbourneA rare role ‘in-house’ has arisen within a leading national law fi rm reporting to the GC. The role will suit someone with circa 3 years’ senior associate level experience with another major practice. The role will offer company secretarial, board support and compliance exposure. Ref: 644433. 8+ years

Litigation/Insolvency PerthExceptional opportunity exists for you to join this top tier market leading team. Work across the full gamut of commercial litigation and insolvency law under the tutelage of one of the best in the business. Top of market salary awaits. Ref: 642870. 2+ years

Corporate/Commercial Saudi ArabiaOur client is a global giant with offi ces in Saudi Arabia, Europe and the US. They are looking to bolster their Saudi team with quality corporate, commercial and IP lawyers from top law fi rms and multinationals worldwide. £Competitive tax-free packages offered. Ref: 24093. 5-15 years

Corporate Doha, QatarThis is a leading international law fi rm which has a strong presence in the Qatar market. They are currently looking for a 4-6 year qualifi ed corporate/commercial lawyer who wants to join an established team in a strongly emerging market. Excellent opportunity. Ref: 24753. 5-15 years

Compliance Director Dubai, UAE Our client is a well known global fi nance company. They are looking for a new Director of Compliance to handle their Middle East and Africa work. It is a very high profi le role and will require a strong understanding of AML and compliance issues across a diverse market. Ref: MA24723. 7+ years

Capital Markets Moscow An amazing opportunity for a mid-level capital markets lawyer to join this leading international fi rm and work with some great clients. Fast progression and long term prospects, excellent pay including housing, vibrant lifestyle and all just a three hour fl ight from London. Ref: 7806. 3-6 years

Capital Markets FrankfurtThis Magic Circle fi rm in Frankfurt is looking for a common law qualifi ed lawyer to bolster its international capital markets practice. German language skills not essential. Great career opportunity on offer for a high calibre individual. Apply now for more information. Ref: 834590. 2-4 years

Commercial IP/IT Associate LondonJoin the commercial department of one of the world’s leading international law fi rms. The practice undertakes a range of commercial work including non-contentious IP, licensing, outsourcing, pharmabio, and hi-tech matters. Excellent academics and strong relevant experience necessary. Ref: 805170. 2+ years

Corporate Hong KongWell known Australian fi rm seeks a mid level qualifi ed lawyer ideally with some experience of working on China deals. The partners are looking for M&A and general commercial experience. Chinese language skills would be a bonus but not essential. Ref: 5402. 3-6 years

OTC Lawyer Hong KongThis leading European investment bank has an opening for a junior structured products lawyer. This is an excellent opportunity to make the move in-house, into an over-the-counter focused role. Mandarin preferred but not a must. Excellent opportunity. Ref: 160300. 2-4 years

Legal Counsel: IP SingaporeOur client is an international media & entertainment company who are looking for a senior IP lawyer to join their legal team in Singapore. The majority of your work will involve acquiring rights, with some general corporate work. Media background not necessary. Up to SG$200k. Ref: 133801. 7+ years

Australia

International

THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE

Brian RolloIn-HouseSydney

For International roles, call Karlie Connellan on +61 (0)2 9236 9000 or email karlieconnellan@taylorroot.com.auFor Australian Private Practice roles, call Matt Harris or email mattharris@taylorroot.com.au

For Australian In-House roles, call Brian Rollo or email brianrollo@taylorroot.com.au

Please note our advertisements use PQE/salary levels purely as a guide. However we are happy to consider applications from all candidates who are able to demonstrate the skills necessary to fulfi l the role.

033224-297x235-LawyersWeekly.indd 1 20/07/2011 15:38

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