WOMEN TO WATCH 50 LAWYERS MAKING THEIR MARK ON THE AUSTRALASIAN MARKET australasianlawyer.com.au Issue 2.2
MAKING WORKPLACE GENDER EQUALITY A REALITY THE INITIATIVES ADVANCING WOMEN IN THE PROFESSION AUSTRALASIAN LAW AWARDS FINALISTS FOR THE 2015 AWARDS REVEALED
HOLDING ALL THE CARDS Crown Melbourne’s Debra Tegoni on life for women working in-house
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Contents
14 COVER STORY
Holding all the cards Crown Melbourne’s Debra Tegoni on life for women working in-house
FEATURES
18
18 | Women to watch 50 female lawyers who are making their mark on the Australian and New Zealand legal markets 36 | Making workplace gender equality a reality The initiatives advancing women in the profession
32 ACCIDENTAL CEO
Maddocks CEO Michelle Dixon on promoting gender diversity from the top
46 | Australasian Law Awards Finalists for the 2015 awards revealed
REGULARS 04 | Legal insight: Women in the profession 06 | Appointments 08 | Deals round-up 12 | News analysis: Making flexibility work
APRIL 2015 | 1
EDITOR’S LETTER / 2.2
PROMOTING MORE WOMEN IN LAW
COPY & FEATURES EDITOR Kathryn Crossley CONTRIBUTORS Samantha Woodhill, Karen Gately PRODUCTION EDITORS Roslyn Meredith, Moira Daniels, Carolin Wun
ART & PRODUCTION
Kathryn Crossley
The statistics about women in the legal profession are as well known as they are alarming. Women make up 63% of Australian law graduates but only 19% of partners in our law firms, and an even smaller percentage of law firm managing partners. It’s not a new phenomenon, or even something unique to the legal profession. As of January this year, women hold just 19.4% of directorships on ASX 200 boards. When discussing the challenges of advancing the status of women in the law, it can be tempting to look for a silver bullet. The reality is that tackling such a multifaceted issue facing such a large and diverse segment of the profession is going to require a range of responses. This special ‘Women in Law’ issue of Australasian Lawyer aims to shine a light on some of the many initiatives lawyers and firms have adopted to achieve better career outcomes for female lawyers. Our ‘Women to Watch’ list (page 18) profiles 50 women lawyers who are making their mark on the Australasian legal scene. The task at hand is far from simple, but the firms that can crack the code are destined to reap the benefits. I hope you will find plenty to motivate and inspire you in this issue of Australasian Lawyer.
Kathryn Crossley, editor, Australasian Lawyer
DESIGN MANAGER Daniel Williams DESIGNER Kat Vargas PHOTOGRAPHY Tanja Milbourne (www.tmphoto.co)
SALES & MARKETING SALES MANAGER Paul Ferris MARKETING AND COMMUNICATIONS MANAGER Lisa Narroway TRAFFIC COORDINATOR Lou Gonzales
CORPORATE CHIEF EXECUTIVE OFFICER Mike Shipley CHIEF OPERATING OFFICER George Walmsley MANAGING DIRECTOR Justin Kennedy CHIEF INFORMATION OFFICER Colin Chan HR MANAGER Julia Bookallil Editorial enquiries Kathryn Crossley tel: +61 2 8437 4702 kathryn.crossley@keymedia.com.au Advertising enquiries Paul Ferris tel: +61 2 8437 4703 paul.ferris@keymedia.com.au Subscriptions subscriptions@keymedia.com.au Key Media keymedia.com.au Key Media Pty Ltd, regional head office, Level 10, 1–9 Chandos St, St Leonards, NSW 2065, Australia tel: +61 2 8437 4700 fax: +61 2 9439 4599 Offices in Sydney, Auckland, Denver, Toronto, Manila australasianlawyer.com.au Copyright is reserved throughout. No part of this publication can be reproduced in whole or part without the express permission of the editor. Contributions are invited, but copies of work should be kept, as Australasian Lawyer magazine can accept no responsibility for loss
Correction: In ‘Brisbane city report’ (AL 2.1), a picture of Andrew Forbes (Lander & Rogers) was incorrectly published as an image of Chris Ward (Cooper Grace Ward). Australasian Lawyer apologises to Chris and Andrew for the error.
Chris Ward Cooper Grace Ward
Andrew Forbes Lander & Rogers
CONNECT Contact the editor:
kathryn.crossley@keymedia.com.au
2 | APRIL 2015
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LEGAL INSIGHT / CAREER EXPERIENCES
Women
in the profession A number of studies have offered insight into the careers of female lawyers and highlighted some of the challenges facing those working in the Australian legal profession FAST FACTS
63%
46%
19%
of law graduates are female
of practising lawyers are female
of senior positions in law firms are held by women
19%
6%
33.4%
of the Australian Bar are female
of QCs and SCs are female
of the federal judiciary is female
PART-TIME VS FULL-TIME
50% of female lawyers working part-time report discrimination due to family responsibilities
4 | APRIL 2015
vs
TAKING A CAREER BREAK
19% of female lawyers working full-time report discrimination due to family responsibilities
38% of female lawyers have taken a break since admission
22% of male lawyers have taken a break since admission
AUSTRALASIANLAWYER.COM.AU
AREAS OF WORK THAT FEMALE LAWYERS ARE MOST DISSATISFIED WITH
32% 31% 30% 27% 26% 26% 26% 23% 21% 21%
FEMALE LAWYERS CONSIDERING A CAREER CHANGE IN THE NEXT FIVE YEARS
Accessibility of mentors to support career development
Maybe
37%
Opportunities for promotion and advancement
Yes
Their level of work-life balance
Leadership and direction of their firm/organisation
5y
Support provided to access contacts and networks
Level of support in firm/organisation for work-life balance
Level of salary/remuneration
34%
Workplace culture
No Billable hours requirements
FUTURE CAREER MOVES The hours they are required to work
FEMALE LAWYERS WHO HAVE EXPERIENCED DISCRIMINATION AND HARASSMENT IN THEIR CURRENT WORKPLACE
50% 47% 35% 27% 24% 14%
29%
37%
To an in-house role
Bullying or intimidation
28%
Discrimination due to gender
To another role in private practice
Discrimination due to age Discrimination due to family or carer responsibilities Sexual harassment
5%
To the Bar
Discrimination due to pregnancy Sources: Australasian Institute of Judicial Administration, Graduate Careers Australia, Law Council of Australia
APRIL 2015 | 5
NEWS / APPOINTMENTS
Appointments
Presented by
LATERAL PARTNER APPOINTMENTS NAME
PRACTICE AREA
LEAVING
GOING TO
Rohan Agnew
Commercial and insolvency
O’Loughlins Lawyers
Wallmans Lawyers
Frances Allen
Insurance
TLlawyers
Hunt & Hunt
Arthur Apos
Corporate
Ashurst
Baker & McKenzie
John-Paul Cashen
Media law
Kelly Hazell Quill Lawyers
M+K Lawyers
Matthew Castley
Commercial property
Clayton Utz
Colin Biggers & Paisley
Emanuel Confos
Construction and engineering
Gilbert + Tobin
Norton Rose Fulbright
Alesia Crepin
Construction
Norton Rose Fulbright
Baker & McKenzie
John Elliott
M&A
Clayton Utz
Norton Rose Fulbright
Esteban Gomez
Corporate, M&A
Clayton Utz
Piper Alderman
Simon Harrison
Corporate and commercial
Squire Patton Boggs
TressCox
Peter Harvey
Insurance
TLlawyers
Hunt & Hunt
Michael Hazell
Commercial litigation
Kelly Hazell Quill Lawyers
M+K Lawyers
Greg Hipwell
Retail and franchise
Norton Rose Fulbright
Maddocks
Rani John
Litigation and regulatory
Gilbert + Tobin
DLA Piper
Vicky Keller
Media
Kelly Hazell Quill Lawyers
M+K Lawyers
Stan Kondilios
Planning and property
Maddocks
Hall & Wilcox
Greg Mohen
Commercial, government, private clients
Rockwell Olivier
Kott Gunning
Jason Opperman
Finance
Henry Davis York
K&L Gates
Katrina Parkyn
Tax
Allens
King & Wood Mallesons
Justin Quill
Media law
Kelly Hazell Quill Lawyers
M+K Lawyers
Juanita Rayson
Corporate and commercial
Corrs Chambers Westgarth
Dibbs Barker
Andrea Rezos
Real estate
Ashurst
Norton Rose Fulbright
David Smith
Intellectual property and technology
Corrs Chambers Westgarth
Gadens
Siew Tong
Property
Minter Ellison
Hicksons Lawyers
Ian Williams
M&A
New Hope Corporation
Herbert Smith Freehills
6 | APRIL 2015
AUSTRALASIANLAWYER.COM.AU
Barrister joins national firm Gadens has appointed experienced Victorian commercial law barrister Glenn McGowan QC as its chief counsel. McGowan expects that moving to a law firm will allow him the freedom to develop different ways of practising. “At the bar, cases come to your desk when the parties are pretty much entrenched in their positions. I’d like to be able to get to them early and give some advice and strategies that might head off some of those entrenched problems,” he said.
OTHER FIRM
FIRM/COMPANY
TITLE
Julie Armstrong
Kelly Hazell Quill Lawyers
Director
Timothy Bowen
DibbsBarker
Special counsel
Megan Butterworth
Carter Newell
Associate
PARTNER PROMOTIONS
Marnie Carroll
Carter Newell
Associate
FIRM
LAWYERS PROMOTED
Jillian Commins
Carter Newell
Associate
Allens
Veronica Siow
Maurice Doria
Hall & Wilcox
Special counsel
Carter Newell
Michael Bath, Luke Preston
Michael Elliott
Carter Newell
Associate
Cooper Grace Ward
Brady Cockburn
Corrs Chambers Westgarth
Matthew Critchley, Michael do Rozario
Will Harrison
Minter Ellison
Head of insurance and corporate risk: Asia and Western Australia
K&L Gates
Danielle Funston
Andrew McAdam
M+K Lawyers
Special counsel
Sparke Helmore
Adrian Kemp
Allan McDougall Keypoint Law
Consulting principal
Rod Smith
Nexus Law Group
Consulting principal
SENIOR ASSOCIATE APPOINTMENTS
Greg Stirling
Carter Newell
Associate
FIRM
LAWYERS PROMOTED OR LATERALLY APPOINTED
Liana Westcott
Carter Newell
Russell Kennedy Special counsel Lawyers
Milton Latta, Andrew O’Halloran, Lara Radik
Piper Alderman
Special counsel
Piper Alderman
Jonathan Whybird
Kara Pennisi
Jasmine Wood
Carter Newell
Associate
APRIL 2015 | 7
NEWS / DEALS
Deals round-up AMP Capital acquisition of Royal North Shore Hospital PPP A trio of major firms advised on AMP Capital’s acquisition of the debt and equity interests of Sydney’s Royal North Shore Hospital. AMP Capital acquired 100 per cent of the interests from the Royal bank of Scotland in the public private partnership. Norton Rose Fulbright advised AMP Capital, Minter Ellison acted for AMP’s financiers, and King & Wood Mallesons advised the Royal Bank of Scotland. Three distinct businesses forming the project group were restructured as part of the deal and external debt provided to the project entities was refinanced. AMP Capital will own the asset until October 2036.
8 | APRIL 2015
Transaction
Value (A$)
Adviser
Client
Lead lawyer(s)
Accel Partners’ investment in Xero
NZ$132.9m
Bell Gully
Xero
Dean Oppenhuis
Clayton Utz
Accel Partners
Jonathan Algar
Simpson Grierson
Accel Partners
Michael Pollard, Andrew Matthews
HWL Ebsworth
Grant and Helen Burge
Jamie Restas
Accolade Wines acquisition of Grant Burge
Confidential
Kain C+C
Accolade Wines
Gerry Cawson
AE Smith sale to Spotless
Confidential
Baker & McKenzie
AE Smith
Richard Lustig
AMP Capital acquisition of Royal North Shore Hospital PPP
Confidential
King & Wood Mallesons
Royal Bank of Scotland
Mark Upfold
Minter Ellison
AMP’s financiers: AMP’s financiers ANZ, Natixis, BTMU and Westpac
Paul Paxton, Daniel Marks
Norton Rose Fulbright
AMP Capital
Nigel Deed, Adrian Ahern
Arena REIT placement and block trade
$68m
Baker & McKenzie
Morgan Stanley
Craig Andrade, Andrew Reilly
Austbrokers Holdings acquisition of 60% stake in Altius Group
Confidential
Allen & Overy
Austbrokers Holdings Limited
Michael Parshall, Christina Barnsley
Minter Ellison
Altius Group
Ricky Casali
Aviva Investors Asia-Pacific sale of real estate funds asset management business to JP Morgan Asset Management
US$1.3bn
Allen & Overy
Aviva Investors Asia-Pacific
Jason Denisenko
Baosteel Group Corporation’s Australian subsidiary fundraising
US$500m
Minter Ellison
Baosteel
Adam Handley, David Pratley
The Body Shop International acquisition of The Body Shop Australia from local operator
Confidential
Baker & McKenzie
The Body Shop International
Steven Glanz
Bristow Group and Bristow Helicopters Australia acquisition of 85% interest in Airnorth
Confidential
DLA Piper
Bristow Group
Lyndon Masters
Norton White
Airnorth
Ben Martin
Daifuku Co acquisition of BCS group
Confidential
Buddle Findlay
BCS Group
David Thomson, Lisette Hood
Simpson Grierson
Daifuku
Simon Vannini
Emeco debt refinancing
$75m
King & Wood Mallesons
GE Commercial and Macquarie Bank Limited
Nathan Collins
Flick Anticimex and Enviropest merger
Confidential
HWL Ebsworth
Flick Anticimex
Robert Gibson
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Transaction
Value (A$)
Adviser
Client
Lead lawyer(s)
Garvan Institute launch of spin-off company Solvanix
Medical Research Commercialisation Fund (MRCF) committed A$2 million to fund Solvanix
King & Wood Mallesons
Garvan Institute
Scott Bouvier
Minter Ellison
Medical Research Commercialisation Fund
James Hutton
GPT Group capital raising
$325m
Allens
GPT Group
Andrew Boxall, Kate Towey, Stuart McCulloch
Graymont purchase of McDonalds Lime from Holcim New Zealand and New Zealand Steel, and purchase of Taylors Lime from Holcim
Confidential
Chapman Tripp
Holcim
John Holland
Simpson Grierson
Graymont Limited
Michael Pollard, Mark Tan
GWA Group divestment of Brivis climate systems to Rinnai Australia, and divestment of Dux hot water business to Noritz Australia
$95.2m
Clayton Utz
GWA Group Limited
Andrew Hay
Hills Limited acquisition of Hospital Telecommunications
Confidential
King & Wood Mallesons
Hills Limited
Lee Horan
Icon Co sale of majority stake to Kajima Corporation
Confidential
Arnold Bloch Leibler
Icon Co
Jonathan Wenig
Infratil and New Zealand Superannuation Fund acquisition of RetireAustralia
$640.2m
Herbert Smith Freehills
RetireAustralia
Daniel Sydes, Chris Colley, Vicky Shi, Melissa Chin
Minter Ellison
Infratil Limited
Adrian Varrasso, Jeremy Blackshaw
Macquarie Group capital raising
$500m
King & Wood Mallesons
Macquarie Group Limited
Evie Bruce
Martin Aircraft IPO and ASX listing
$27m
Bell Gully
Martin Aircraft Company Limited
Dean Oppenhuis
Minter Ellison
KuangChi Science Limited
Barbara Mok, Michael BarrDavid, Mark Forman
Minter Ellison Rudd Watts
KuangChi Science Limited
Mark Forman
Norton Rose Fulbright
Martin Aircraft Company Limited
Iain Laughland
The Middelby Corporation acquisition of Goldstein Eswood
Confidential
Arnold Bloch Leibler
The Middleby Corporation
Jonathan Wenig, Jason van Grieken
McMillan Shakespeare acquisition of Presidian Holdings
$115m
HWL Ebsworth
McMillan Shakespeare Group
Jeremy McCarthy, Paul Lewis
Morgan Stanley Real Estate Fund VIII acquisition of Australian Childcare Projects
Confidential
Allen & Overy
Morgan Stanley Real Estate Fund VIII
Jason Denisenko
Minter Ellison
Australian Childcare Projects
Leigh Brown, Jonathan Gill
Nexvet Biopharma redomicile to Ireland and IPO on NASDAQ
US$40
Hive Legal
Nexvet Biopharma
Simon Davidson
Newcrest Mining selldown of Evolution Mining stake
$106m
Allens
Newcrest Mining Limited
Richard Kriedemann
$27m Martin Aircraft IPO and ASX listing Firms on either side of the Tasman joined forces to advise on the IPO and ASX listing of the world’s first jetpack company. Martin Aircraft Company received advice from Bell Gully in New Zealand and Norton Rose Fulbright in Australia. Rather than dual listing on the NZSX and the ASX, the company opted to list only on the ASX. The launch attracted a $50m investment from Hong Kong-based KuangChi Science Limited, which is developing lighter, stronger metals and anticipates a strong relationship with the jetpack brand. The two companies are set to launch a joint venture company to market the jetpack for the Asian marketplace. Minter Ellison and Minter Ellison Rudd Watts advised KuangChi Science.
APRIL 2015 | 9
NEWS / DEALS
$11bn Novion Property Group and Federation Centres merger The proposed merger of real estate investment trusts Federation Centres and Novion Property Group would create the third largest real estate investment trust in Australia, which owns or manages more than 100 retail assets worth in excess of $22bn and has a market capitalisation of over $11bn. If approved by security holders, a company scheme and trust scheme will see Federation Centres acquire all shares and units in Novion Property Group, and new shares and units will be issued by Federation Centres to Novion Property Group security holders. Implementation is expected to occur in June. Allens and Minter Ellison are acting for Federation Centres, and Ashurst is advising Novion Property Group.
Transaction
Value (A$)
Adviser
Client
Lead lawyer(s)
NorthConnex motorway
$2.9bn
Allens
Canada Pension Plan Investment Board
Wendy Rae
Herbert Smith Freehills
Transurban, QIC Private Capital Pty Ltd, Canada Pension Plan Investment Board
Peter Paradise, Jo Draper
Northern Beaches Hospital Project
Confidential
Gilbert +Tobin
Healthscope-led consortium
Alexander Danne
Novion Property Group and Federation Centres merger
$11bn
Allens
Federation Centres
Craig Henderson
Ashurst
Novion Property Group
Garry Besson
Minter Ellison
Federation Centres
Bastian Gasser, Adrian Varrasso, John Riley, Bart Oude-Vrielink
Buddle Findlay
Pacific Aerospace
Grant Dunn, Montie Baskett
Chapman Tripp
Beijing General Aviation (Group)
Barry Brown
Buddle Findlay
Public Sector Pension Investment Board
Grant Dunn, Montie Baskett
Russell McVeagh
Guardians of New Zealand
Grant Kemble
Webb Henderson
Harvard Management Company
Garth Sinclair
Pacific Aerospace equity investment and coinvestment in Beijing PanPacific Aerospace Technology Company
Confidential
PSP Investments acquisition of Kaingaroa Forest
Confidential
Recruit Holdings acquisition of Chandler Macleod through scheme of arrangement
$382m
Baker & Mckenzie
Recruit Holdings
Ben McLaughlin, Richard Lustig, Jiro Toyokawa, Tetsuo Tsujimoto
Recruit Holdings acquisition of Peoplebank from Navis
Confidential
Baker & Mckenzie
Recruit Holdings
Ben McLaughlin, Richard Lustig, Jiro Toyokawa, Tetsuo Tsujimoto
Royalla Solar Farm project
Confidential
Gilbert + Tobin
Fotowatio Renewable Ventures
Emanuel Confos, Steven Choi
Singapore Post acquisition of Famous Pacific Shipping
Confidential
Buddle Findlay
Singapore Post and Famous Holdings
David Thomson, Sarah Fitzgerald
Steadfast Group equity raising
$300m
Baker & McKenzie
JP Morgan and Macquarie
Craig Andrade
Sydney CBD and South East Light Rail project
$2.1bn
Ashurst
Transport for NSW
Lee McDonald
Corrs Chambers Westgarth
ALTRAC consortium
David Warren
Sun Pharmaceutical Industries acquisition of GlaxoSmithKline's Australian Opiates business
Confidential
Baker & McKenzie
Sun Pharmaceutical Industries
Ashley Poke, Michael O'Neill
Tabcorp capital raising
$236m
Allens
Tabcorp Holdings Limited
Greg Bosmans, Robert Pick, Sarah Bernhardt
King & Wood Mallesons
UBS AG, Australia Branch
David Friedlander, Shannon Finch
Clayton Utz
Warrnambool Cheese and Butter Factory
Karen Evans-Cullen
King & Wood Mallesons
Lion Dairy and Drinks
Meredith Paynter
Warrnambool Cheese and Butter Factory acquisition of Lion Dairy and Drinks cheese business
10 | APRIL 2015
$137.5m
Firm Profile
ONE YEAR ON - THE WISDOM OF CROWDS On 1 April 2014, New Zealand became one of the first jurisdictions to legalise equity crowd funding from retail investors, through the introduction of the Financial Markets Conduct Act 2013 (FMCA). On the first anniversary of the new law, we are starting to see some early indications of crowd funding’s role in the capital raising landscape. The first phase of the FMCA designated equity crowd funding and peer-to-peer lending as “prescribed intermediary services”, meaning that platforms offering those services could apply for licences, and once granted, exclusions come into force for financial products offered through licensed providers. The effect of these changes is to enable licensed crowd funding platforms to offer shares without the standard disclosure requirements. In effect, the protection for investors comes from the licensing process and supervisory regime, rather than through standard disclosure. Companies raising capital are subject to a NZ$2 million cap aggregating funds raised through these licensed intermediaries and through the “small offer exclusion” (which permits raising funds from 20 investors or fewer in any 12 month period). To date, four crowd funding platforms have obtained licences: PledgeMe (who had already operated in the crowd funded pledge space for some time); Snowball Effect; Crowdcube (a UK-based crowd funding platform for eligible investors); and Equitise (an Australian platform that has launched in New Zealand in advance of regulatory change across the Tasman). Of these, Snowball Effect, PledgeMe and Equitise have all launched equity campaigns in the last six months. There have been some remarkable success stories, even in such a short space of time. Craft brewery Renaissance Brewing was first out of the
blocks, raising NZ$700,000 in just 13 days on Snowball Effect. Showing that beer is a popular choice with New Zealand investors, another craft beer company, Yeastie Boys, raised NZ$500,000 on PledgeMe in just 30 minutes. Other investments have found it harder to capture the crowd’s imagination, with a hovercraft tourism venture and plans for a computer museum both falling short of targeted raises. Kiwi film The Patriarch sought between NZ$300,000 - NZ$500,000 and raised just short of the maximum only after extending its deadline. These early results bear out PledgeMe CEO Anna Guenther’s view that crowd funding itself is just a tool, and that the successful companies will be the ones who “know their crowd”, building an engaged community around a campaign. One of the initial criticisms levelled at crowd funding as a capital raising strategy for young companies was the ongoing compliance costs involved with having a large number of small shareholders. Licensed platforms are trying to make this easier, offering online shareholder communication tools. A residual issue, however, is the application of the New Zealand Takeovers Code, which covers all companies with 50 or more shareholders holding voting shares. Several companies have structured campaigns to offer non-voting shares to small investors, and Snowball Effect also offers a nominee option to companies (meaning only one new shareholder is added to the register as a consequence of the offer). In tandem with this, the Takeovers Panel is undertaking a consultation process on the impact of compliance with the Code on “small” companies. Submissions received at the end of last year were broadly in agreement that the cost of compliance for small companies is currently prohibitive. The Panel’s most recent consultation paper proposes that “small” companies will be those that have total assets of NZ$20 million or less at the balance date of the company’s most recent
accounting period. The Panel is proposing to grant a class exemption for a limited range of transactions where the board determines it is in the best interests of a small company to opt out of Code compliance, and where not more than 5% of shareholders vote to opt back in. The flexibility that the crowd funding platforms offer continues to provide space for further innovation. PledgeMe has crowd funded itself, using its own platform to raise NZ$100,000 last year for its further growth. Snowball Effect has launched a “private offer” option for companies that want to take advantage of the platform and accompanying exemptions, but only for investors known to the company and without attracting further publicity. Last month also saw the launch of the first coinvestment opportunity by Breathe Easy, a company developing an inhaled medicine for cystic fibrosis. Angel group ICE Angels, Pacific Channel and the government’s Venture Investment Fund have already committed funds as part of a round that is now being “topped up” by crowd funding from the public. The long-term impact for the companies and the investors is yet to be seen, but the initial signs of life for a new platform for capitalraising show a promising start.
Sacha Judd is a partner in the Auckland office of Buddle Findlay, one of New Zealand’s leading law firms. Sacha is a member of the corporate and commercial team and specialises in mergers and acquisitions, corporate law, securities law and takeovers, including capital markets regulation, disclosure requirements, insider trading, market manipulation and financial adviser rules. Sacha can be contacted on 64 9 363 0632 or sacha.judd@buddlefindlay.com.
www.buddlefindlay.com
NEWS ANALYSIS
Making flexibility work While most law firms have introduced flexible work policies to accommodate lawyers with children, the theory and practice of managing work and family are often very different. Three practitioners talk about the reality of working flexibly “We’ve got a time-poor profession where we are working under deadlines, yet we have children that require our time. It’s a real challenge to balance them both and meet the professional responsibilities properly,” says KWS Legal managing partner Harriet Warlow-Shill of the juggling act faced by lawyers with children. While balancing the demands of private practice and family may sound like a tall order, with a bit of practical thinking firms and lawyers can really make it work, Warlow-Shill says.
Henrik Moritz King & Wood Mallesons
12 | APRIL 2015
THE ESSENTIAL INGREDIENTS Among the essentials for a lawyer working flexibly is access to good technology. “Just having really good technology helps a parent work remotely from home or log time in from their iPad if they’re taking a call and they’re with the kids,” says Warlow-Shill. At KWS Legal, many of the firm’s lawyers leave work at 3.30 or 4 o’clock in the afternoon for school pick-up, and then monitor incoming emails on an iPad before logging on remotely later in the evening to do more work.
“You mustn’t try to compete with someone who has chosen to be either a full-time lawyer or a full-time parent, because you can’t”
AUSTRALASIANLAWYER.COM.AU
Another crucial ingredient for lawyers working flexibly is being part of a capable and supportive team, but one of the key hurdles that lawyers working flexibly face is the assumptions that are frequently made by other lawyers. “I think one of the biggest impediments is the assumption on the part of some people, whether it’s in the firm or outside the firm, that the people that they’re dealing with are the same and operate the same way as they do. And once you lose that assumption and open your mind to the fact that people have other priorities or may be coming from a different angle, then you’re half way there,” says King & Wood Mallesons senior associate and father of three Henrik Moritz, who works four days a week. King & Wood Mallesons partner and mother of triplets Peta Stevenson agrees and emphasises the need for lawyers to be up front with colleagues and clients about what a flexible work arrangement means and how it will be managed. “I think in the early to mid-noughties there might have been a sense in the commercial world generally that you don’t tell people you’re part-time or you’re a flexible worker because that will impact on their perceptions, and you just have to manage it yourself around that, whereas I think these days clients are much more receptive,” she says. “I’ve found the most important discussions I’ve had to have have been with my own team so that they understand that for me flexible working means that for certain parts of my days there are times when I am prioritising family over work, but that means that as a result I shift pockets of my days to other times.”
WHEN THINGS DON’T GO TO PLAN Of course, even with the best planning and resources available, sometimes children get sick or matters need a lawyer’s urgent attention on their day at home. “There will be times when you just have to throw a babysitter at the kids for a week and just work on something non-stop, and that’s fine, but obviously we don’t want to do that all the time; we want to see our kids,” says Warlow-Shill. When urgent work arises and a parent lawyer is asked to work extra hours, on occasion the firm
“I think in the early to mid-noughties there might have been a sense in the commercial world generally that you don’t tell people you’re part-time or you’re a flexible worker because that will impact on their perceptions”
Peta Stevenson King & Wood Mallesons
has paid for their babysitter. “For us it’s a small expense; for them it’s a huge expense, but it helps us get a matter done and they really appreciate that,” she says. The firm’s office is also set up so that lawyers can bring their children in, if needed. “We have toys in the office and we’re set up so that kids can come in and they can be amused and there is a space for them to spend time in the office. Sometimes you do need to just pop back into the office after you’ve picked up the kids and you need to just get a couple of documents out or attend to a call,” Warlow-Shill says. “Spending a hundred dollars on toys is not a huge expense, but it’s a huge help for lawyers that are in the situation where they have got to finalise something urgent… it’s those sorts of things that make someone feel like they can cope, they can manage, and it makes them feel like they can achieve their best.” Although plans sometimes go awry for lawyers working flexibly, Moritz stresses that being realistic is crucial. “You mustn’t try to compete with someone who has chosen to be either a fulltime lawyer or a full-time parent, because you can’t,” he says. “Once you get over that, you then do your best at combining both, but you’re just aiming too high if you want to have 100% of your time and energy available for each of those two arguably full-time jobs.” AL
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PROFILE / DEBRA TEGONI
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AUSTRALASIANLAWYER.COM.AU
Holding all the cards Crown Melbourne's Debra Tegoni speaks with Australasian Lawyer about life in-house and corporate Australia's gender imbalance “I think in-house provides a lot of opportunities that I didn’t see were available in a law firm for a healthy and prosperous career for a woman,” says Debra Tegoni, Crown Melbourne executive general manager, legal and regulatory services of life in-house. While there is a traditionally held view that inhouse roles can offer less demanding work hours for female lawyers with caring responsibilities, she says that the life of an in-house counsel is far busier and more high-pressured than it used to be. “We’re all doing more with less and that goes throughout corporate Australia, not just in legal teams.” Despite the increasing pressures, she believes that in-house lawyers are still able to exercise more control than their private practice colleagues, and says that her focus is on outcomes, rather than on how many hours her lawyers sit at their desks. “What you do obtain in an in-house environment is the responsibility of making sure that you meet the deadline and that comes with other pressures because you are where the buck stops, rather than through a partner or someone else. So if you don’t do something and the business is impacted, you will be responsible for that. There’s more pressure I think and there’s more responsibility, but with that comes more control over your destiny,” she says. While the greater autonomy gives in-house lawyers greater control over their schedules,
Tegoni says that the added stress and responsibility that comes with it is not for everybody. “Some people might prefer to abdicate control and be just beholden to someone else with the client and just churn through the work. I’ve seen people move back into firms because they can’t cope with the responsibility that comes with being an in-house counsel and being ultimately responsible for your workload.”
THE ONLY WOMAN IN THE ROOM The underrepresentation of women in senior leadership positions in the legal profession is mirrored in corporate Australia, with CEOs and executives being predominantly male in the majority of organisations. “You might get a female HR executive but predominantly you’re dealing with men and I suppose in my career that’s all I’ve known. You get used to it but sometimes you enter a room of 15 people and you realise that you’re still the only female,” Tegoni says of the gender imbalance. “It’s still quite lonely and often the other females you encounter are in the compliance, legal, or HR space,” she says. “You need to have more of the females in place to actually impact in the positive ways we know diversity does impact, and I think there’s a recognition of that but we definitely haven’t got as far as the numbers actually materialising.”
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PROFILE / DEBRA TEGONI
Casino licence re-negotiations in 2009 and 2014 are among the major matters that Tegoni and her team of four lawyers have worked on. Despite the relatively small size of the team, most of Crown’s legal work is still handled in-house. “We’re fortunate that we have a team so experienced in the business and as lawyers, such that we don’t have to brief out expertise. I think very rarely do we do that; we hold most of what we need internally,” she says.
A FORMIDABLE PARTNERSHIP
Although male general counsel still outnumber female GCs, Tegoni observes that law is an area where women can and do achieve success in corporate Australia: “I probably still see more male GCs than females but definitely there are more female GCs than there are other executives – it is an area where women can succeed.”
A GROWING ROLE As is so commonly the experience of general counsel, Tegoni’s role at Crown Melbourne is considerably broader than it was when she joined the organisation eight years ago. Her role now covers legal, compliance, responsible gaming, internal audit, risk management and insurance. Until last year, her role also included the surveillance function. With such a broad remit, Tegoni says that there is no typical day. “Every day is different; that’s probably why I love it,” she says. The thing Tegoni finds most challenging and exciting about her role is managing the multitude of issues and stakeholders that fall under her broad portfolio. “The comfort, particularly the way that lawyers are trained, and often our genetic makeup is that we’re perfectionists and we need to have the detail and have the understanding of every issue, or we think we do. As a GC, you really can’t; you have to trust your team, you have to trust that the big issues are going to be brought to your attention. You can’t be across everything, and micromanaging your team is not good for you or them. As a lawyer, having to let go and not be across the detail of everything is hard and it’s often quite scary at times,” she says. 16 | APRIL 2015
Major litigation, a significant construction project, and specialist work such as patent work around the development of a new game are among the types of work Crown’s legal team would typically brief out. When it comes to selecting an external firm, reputation, expertise and fit are high on the list of factors that Tegoni considers. “Particular and more high profile law firm/partner names will give comfort, particularly to Board members, when it is an issue that is requiring their attention. I always have to consider this and so, if a wellknown name is not the choice, I have to ensure that my due diligence and decision making is demonstrated to be thorough and will pre-empt the Board’s queries, which will inevitably occur with strategic legal matters,” she says. “For the more day-to-day legal assistance, when it may be required, the public reputation/ size of the law firm may not weigh so heavily in decision making, leaving our internal lawyers to work effectively and efficiently with those external lawyers who, of course have the relevant expertise, but have also developed, often through the softer skills, a deeper understanding of the uniqueness of our business and how best to work with us and our individual team members in a trusted and productive way.” Building strong and productive relationships between her in-house team and their external advisors is a key priority for Tegoni. “External lawyers and the general counsel is a formidable partnership when it works well, but it can be completely disastrous if the external lawyers think ‘well the GC is just the postbox and we’re really running it,’ ” she says. “If you take the time to really communicate and understand the issues – not just the legal issues – but all the issues and the stakeholders involved, that partnership will then get the best outcome ultimately.” AL
FEATURE / WOMEN IN THE LAW
WOMEN TO WATCH supported by
Australasian Lawyer profiles 50 female lawyers who are making their mark on the Australian and New Zealand legal markets This list of 50 female lawyers showcases a breadth of talented women working in the legal profession. Across a range of practice areas, they are drivers of change, motivators and leaders both within their law firms and in the profession more broadly. In
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addition to their busy practices, these women are contributing innovative ideas, leading mentoring programs and making exceptional contributions to the community around them. From up and comers to senior partners, these are women to watch.
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Leading the profession Kate Jordan, Clayton Utz Deputy Chief Executive Partner – People and Development As a leading media lawyer, Jordan’s key clients include Seven Network, which she advised in respect of its acquisition of major sporting rights including the Olympic Games and Australian Football League rights. She sits on the board of World Education Australia/Good Return, which provides small loans and banking services as well as financial education and skills-building training to help deliver long-term benefits to families and individuals facing poverty. Jordan participated in a four-day fundraising trek up Mt Madjaas in the Philippines to raise funds for the charity.
Sue Kench, King & Wood Mallesons Managing Partner, Australia Since taking up the role as managing partner Kench ignited and embedded a strategic and cultural shift within the firm, which has resulted in significant growth in revenue and employee engagement. As the firm’s first female managing partner, she recognises the opportunity to influence the development of talented women and to push for their advancement. In 2014 she initiated a working mothers program to support both staff and clients returning to work after parental leave. Kench recently advised on the $6bn co-investment of a Canadian Pension Plan Investment Board and Australian Prime Property Fund Commercial in the Barangaroo Development, the largest urban renewal project in Australia’s history.
Nicole Green, Minter Ellison Sydney Managing Partner A leading adviser on infrastructure delivery, Green has built a market-leading practice in urban renewal and economic and social infrastructure. She was recently appointed managing partner of Minter Ellison’s Sydney office and is the first woman to hold the role. She draws together and empowers a team of over 470 people to drive the firm’s growth in one of its key markets in Australia. Projects in her impressive portfolio include the new Perth Stadium, Toowoomba Second Range Crossing, East West Link and the long-term leases of three NSW ports, projects that have enhanced and are changing our cities. Professionally, and within Minter Ellison, Green stands out as an inspirational leader.
Liz Meyer, Hall and Wilcox Partner Meyer is a highly respected thought leader on Victorian WorkCover Authority litigation related issues and a recognised expert on claims and issues under the Accident Compensation Act. She was appointed to the Hall & Wilcox Board in 2011, becoming the firm’s first female board member. After retiring from the board, Liz joined the Hall & Wilcox executive leadership team, which is responsible for the strategic direction of the firm.
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FEATURE / WOMEN IN THE LAW
Katrina Rathie, King & Wood Mallesons Partner in Charge, Sydney An acknowledged leader in IP, advertising, marketing and media law, Rathie represents clients in self-regulatory and court challenges to the legality of advertising campaigns under the Australian Consumer Law. She is an Australian with an Asian cultural background and is actively involved in the firm’s women’s networking and diversity programs, and holds a senior role in KWM’s Engaging Women program. She is a mother to three boys and a patron of the KWM Jugglers’ Network, supporting over 1,000 employees juggling work and carer responsibilities for children and/or elderly parents.
Angela Skandarajah, Minter Ellison Melbourne Managing Partner
Margaret McNamara, Thynne + Macartney Partner As a succession law specialist with nearly 25 years’ experience, McNamara has shared her knowledge and experience by serving on the Queensland Law Society Specialist Accreditation Board for nine years. Along with other members of the Board, McNamara has worked to ensure that high standards of practice are encoded within the accreditation process, and that these standards are maintained and carried forward as new lawyers enter the profession.
In addition to leading the real estate, environment and planning business unit, Skandarajah is the new managing partner of Minter Ellison’s Melbourne office, making her the first woman in that role. Passionate about collaboration and innovation, Skandarajah is a leader who has stamped her mark within Minter Ellison and within the legal profession. She has built a formidable reputation as a leading property lawyer, advising some of Australia’s largest developers on major hospitals, roads and multi-faceted urban renewal projects. She has a reputation for delivering creative legal solutions and is known in the industry for her practicality and her above and beyond attitude.
Leading the profession Laura O’Gorman, Buddle Findlay Partner O’Gorman has a particular interest in improving the efficiency of litigation. Appearing regularly in the High Court and Court of Appeal in both Auckland and Wellington, she quickly saw the advantages of using electronic bundles in the courtroom. She created and used electronic bundles for a witness trial in early 2011, and has been a regular user and proponent of the technology ever since. With the benefit of that experience, she assisted the Rules Committee in drafting a suitable protocol for the profession in 2013. She is now an appointed member of the Rules Committee.
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Kristan Conlon, McCullough Robertson Partner Conlon heads the property, planning and finance group at McCullough Robertson. Recognising the need to build flexible working into her practice, in addition to the lawyers currently employed by the firm, Conlon has pulled together a group of flexible workers who are available for overflow work, single transactions and process work. Ranging from paralegals to senior associates, these are all former employees who have left the firm for either health or family reasons or relocation overseas. She has spearheaded this initiative within the firm and demonstrated that doing things differently can add value to the firm and its clients.
Jane Hall, Corrs Chambers Westgarth Partner A leader in work health and safety law, Hall has worked in both the private and public sectors, including as director of the Victorian WorkCover Authority’s WorkSafe Enforcement Group. Her unique understanding of her clients’ needs lent authority to her development of the Corrs Crisis Management app, a two-way communication tool that changes the way in which clients seek and receive legal advice following a crisis, enabling clients get access to the right technical legal expertise in a smarter, more efficient way.
Experts in their field Gitanjali Bajaj, DLA Piper Partner Bajaj is currently representing the government of the Democratic Republic of Timor-Leste in a dispute against Australia before the International Court of Justice in relation to the seizure of documents and data by Australian Security and Intelligence Officers. Specialising in major international, cross-boarder and domestic construction and infrastructure disputes, Bajaj was born and raised in India and began her legal career in Australia before moving to Dubai in 2008 with a group of Australian partners to set up the DLA Piper Middle East office.
Tricia Hobson, Norton Rose Fulbright Partner Hobson is a widely recognised insurance and reinsurance partner with an enviable track record in major litigation, most recently acting as the lead partner in the three major class actions arising from the Victorian Black Saturday bushfires, as well as the Brisbane floods class action. A valued leader and mentor to young women, Hobson sits on both the global board and Australian partnership council. A driver of cultural change in the firm, she spearheaded the 2014 launch of the firm’s LGBTI and Allies Network.
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FEATURE / WOMEN IN THE LAW
Anna Buchly, Bell Gully Partner Recently appointed to the Bell Gully board, Buchly has advised on a number of high profile public and private M&A transactions, including one of New Zealand’s largest infrastructure projects. She is the lead partner advising Crown Fibre Holdings in relation to the New Zealand Government’s $1.35bn Ultra-Fast Broadband project. She also advised global investment firm Blackstone on the acquisition of Orica Limited’s Australasian chemicals business for $750m.
Donna Short, Henry Davis York Partner
Nikki Robinson, Clayton Utz National Practice Group Leader, Real Estate
Short heads the intellectual property law practice at Henry Davis York, which covers both contentious and non-contentious intellectual property matters. She has built a strong referral network of overseas firms and has advised many international clients on IPrelated issues for major projects, including assisting a global firm in acting for the Government of Papua New Guinea in relation to a worldfirst sea floor mining project, and advising Hong Kong listed company MTR Corporation on IP issues in relation to the $10bn North West Rail Link, Australia’s first privately operated rail network.
National Practice Group Leader of the Clayton Utz Real Estate team, Robinson is considered one of Australia’s leading urban renewal lawyers. She is currently leading the legal team advising the Barangaroo Delivery Authority on the Central Barangaroo development in Sydney, and advising Parramatta City Council on the Parramatta Square development. She is a mentor for a number of junior and senior lawyers across the firm and in 2009, she established a senior associate and special counsel forum to provide lawyers at that level with direct input into various firm initiatives.
Philippa Stone, Herbert Smith Freehills Partner Stone is joint global head of the firm’s Equity Capital Markets team. She is an outstanding ECM practitioner in the Australian market and recognised as one of Australia’s best lawyers. Among landmark transactions, she acted for the Australian Government on the $15bn privatisation of Telstra and subsequent Telstra 2 and 3 sell-downs. She also helped develop the accelerated rights offer structure, now an important part of the Australian capital markets landscape. Transactions last year included the $5.6bn Medibank privatisation IPO, AGL’s contested $1.5bn acquisition of MacGen and Commonwealth Bank’s $3bn PERLS VII issue. 22 | APRIL 2015
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Jennifer Caldwell, Buddle Findlay Partner Caldwell has been instrumental in developing Buddle Findlay’s local government sector practice, leading the successful pitch for Auckland Council in 2002, now one of the firm’s largest clients. She also led the firm’s response to an RFP process for Christchurch City Council. She is currently one of the principal advisers to the Council on the Proposed Auckland Unitary Plan across a range of hearing topics before the Independent Hearings Panel.
Alison Choy Flannigan, Holman Webb Partner Choy Flannigan is a leading lawyer in health, aged care and life sciences. She has acted for a range of clients on high profile projects, including North Shore Private Hospital, Macquarie University Hospital, Chris O’Brien Lifehouse at RPA and Ronald McDonald House, and she is currently advising NSW Health in relation to clinical trial agreements and research governance. She is a champion of the firm’s policy on diversification and with her Asian Australian heritage, is a role model for young female lawyers from multi-cultural backgrounds.
Justine Toohey, Keypoint Law Consulting Principal Toohey is an experienced environmental and native title lawyer, who has represented traditional owners on some of Australia’s largest and most significant natural resource infrastructure projects. She acted on the $1.5bn native title, cultural heritage and State agreements for the Browse LNG Precinct; on the expansion of the Ord Stage 2 irrigated agricultural development; on the heritage assessment of 19,000 kilometres of land and sea in the Kimberley, and on sustainable carbon farming in Australia’s northern savannahs. She has an exceptional track record of negotiating successful outcomes on northern Australia’s major projects.
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FEATURE / WOMEN IN THE LAW
Jenny Stevens, Bell Gully Partner Stevens is the deputy leader of Bell Gully’s leading litigation practice. She is currently advising Danone on all aspects of its dispute with Fonterra following the August 2013 whey protein concentrate botulism scare. She has also acted for ANZ Bank in the bank fees class action. She is a well-known adviser to business in the competition law area and has acted for clients such as Singapore Airlines Cargo and ANZ Bank in some of New Zealand’s largest competition law cases brought by the Commerce Commission.
Nieva Connell, Hunt & Hunt Lawyers Partner Connell has had three significant High Court wins in her career, and has led proceedings in a number of high profile cases including the Occupy Melbourne case and the Bonsoy class action. She is a sought-after insurance litigation lawyer for national and multinational insurers. Connell has also applied her legal expertise in the Heather Osland case as featured on Australian Story.
Nola Pearce, Carter Newell Special Counsel Pearce has conducted highly sensitive litigation involving barristers, solicitors, members of the judiciary and the medical profession. Her involvement in both civil and disciplinary proceedings has fostered a unique understanding of the principles and rules governing the legal profession, and has resulted in Pearce recently being named Chair-elect of the Queensland Law Society’s ethics committee. She is a contributing author to the first edition commentary to the Australian Solicitors’ Conduct Rules and presents regularly to other practitioners and in-house counsel on practical ethics.
Alice DeBoos, K&L Gates Partner An experienced employment lawyer, DeBoos is one of only 27 global practice area leaders at K&L Gates. She is responsible for more than 250 lawyers in the global labour, employment and workplace safety team and in this role has introduced global and regional strategies including, ‘Off the Clock’, a selection of pricing ‘packages’ provided for a fixed fee, and Law@Work, a schedule of workshops aimed at HR professionals who need to stay abreast of legal developments. As of March this year, DeBoos sits on the firm’s global management committee and the Australian board. 24 | APRIL 2015
Lora Shaw, Keypoint Law Consulting Principal Shaw heads Keypoint’s Government Practice and specialises in advising Commonwealth agencies on major ICT projects, procurement contracts and information governance. She acted for the Department of Defence on its multi-billion dollar procurements of Terrestrial Communications and Centralised Processing Services. She also advised the Department of Human Services and the Australian Taxation Office on privacy and data protection for two of the highest profile projects undertaken by those agencies in recent times, myGov and myTax.
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Helen Suke, Mills Oakley Partner
Emily Walton, Wynn Williams Partner Walton is a key member of Wynn Williams’ specialist insurance law team. She has a unique practice in which she acts for both insurers and policyholders on a range of domestic and commercial insurance matters. Walton has a special interest and expertise in commercial material damage and business interruption insurance claims, where she often acts for the insured policyholder. The Canterbury earthquakes provided Walton with a unique opportunity to refine these skills and to provide practical help to her clients.
Suke heads up the Mills Oakley family law team in Melbourne and is valued by clients not only for her comprehensive grasp of the law, but also her personable nature and ability to empathise. While Suke is an advocate of alternative dispute resolution, she is also known for her well-honed litigation skills and ability to conserve clients’ costs by facilitating settlement prior to final judicial determination. She is a strong champion of the support of women in their careers and particularly through their child-bearing years, assisting them to devise workable strategies to remain engaged whilst on maternity leave and ensuring that their career paths navigate through this phase without loss of trajectory.
Frances Drummond, Norton Rose Fulbright Partner Drummond is a wellrespected practitioner in Intellectual Property law. She has over 25 years’ experience practising in IP and a reputation for delivering outstanding commercial results for the numerous major multinational and domestic companies she advises. She moved to Australia after nearly nine years in Hong Kong and has worked extensively on Asia-Pacific IP matters, and has also been in-house trademarks advisor to a major pharmaceutical and multinational in London.
Valeska Bloch, Allens Senior Associate One of the country’s leading TMT lawyers, Bloch specialises in the procurement and development of large-scale information technology platforms and telecommunications projects. Among her clients are Foxtel, NBN Co, SWIFT, and Vodafone Hutchison Australia. She is a core member of the Allens Accelerate start-up and emerging companies practice, the firm’s inclusion and diversity council and a member of the firm’s Reconciliation Action Plan committee, which resulted in her significant contribution to Allens’ submission to the Expert Panel on Constitutional Recognition of Indigenous Australians.
Kellech Smith, Ashurst Partner Smith has acted in patent infringement and revocation proceedings before the Federal, Full Federal and High Courts of Australia in respect of pharmaceuticals, medical devices and other products. She was made partner in 2013. In her time as partner, her knowledge and skills have already earned her the reputation as a leading and authoritative voice in the field of IP law. She has served on the executive committees of the Licensing Executives Society Australia and New Zealand and the Intellectual Property Society of Australia and New Zealand for a number of years, and has completed a Master of Intellectual Property Laws at Melbourne University. APRIL 2015 | 25
FEATURE / WOMEN IN THE LAW
Anne Callinan, Simpson Grierson Partner Specialising in competition, securities and regulatory law, Callinan, heads the firm’s litigation department, and is the only female member of Simpson Grierson’s board of management. She recently advised a bank in relation to the high profile settlement with the Commerce Commission and Financial Markets Authority following an investigation into the sale of interest rate swaps. Callinan regularly acts for clients who are being investigated by the Commerce Commission or the Financial Markets Authority.
Suzanne Wallace, Moray & Agnew Lawyers Partner Recognised as one of Australia’s leading lawyers in the insurance industry, Wallace regularly advises on professional indemnity matters, and guides directors, officers and liability insurers on complex insurance coverage issues. She was the first woman to be promoted to partnership at Moray & Agnew. Wallace promotes the interests of disadvantaged women through various charities, together with furthering the advancement of other women in the law through industry and firm participation.
Shannon O’Hara, Carter Newell Senior Associate A specialist aviation lawyer, O’Hara is a national director and vice president of the Queensland branch of the Aviation Law Association of Australia & New Zealand. She has been involved in aviation crash cases including the Transair aircraft accident at Lockhart River, and Asia-Pacific accidents near Kokoda and Madang. O’Hara regularly speaks at forums throughout Australia, Papua New Guinea and the South Pacific and recently presented at the Australian Helicopter Industry Association and the Association of South Pacific Airlines. She has commented on and written about a range of aviation law issues such as the loss of MH-370. 26 | APRIL 2015
Kathy Reid, Allion Legal Principal (Workplace Relations and Safety) Reid is a leading employment lawyer who heads up one of WA’s largest workplace relations and safety practices. Her clients include large government entities, and domestic and international corporations involved in WA’s major energy and resources infrastructure projects. She is an accomplished industrial advocate, including appearing as counsel in the 2009 Pluto industrial dispute.
Rachel Nicolson, Allens Partner Nicolson is a director of UN Global Compact Network Australia and head of its Anti-Corruption Leadership Group. As part of her role in the UN Global Compact Network Australia, she attended the Australian B20 and was invited to join the Anti-Corruption Taskforce for the B20 to be hosted by Turkey in 2015. She has acted in independent investigations into potential and actual anti-corruption breaches, including investigations by the Australian Federal Police, ASIC and off-shore regulators, and works with many multinational clients to increase their responsiveness to anti-corruption risk.
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Community champions Kathryn Howard, Holding Redlich Partner Howard has practised as a lawyer in Melbourne, Tokyo and London and is known for her tenacious and strong approach to her work, as well as her tailored approach to achieving client outcomes. As well as working as a successful lawyer, Howard is a director of R U OK? Day, and is committed to de-stigmatising mental illness and providing avenues of support for those who need it.
Michelle Hannon, Gilbert + Tobin Partner Hannon is the partner at Gilbert + Tobin for pro bono services and corporate responsibility. She acts for marginalised and disadvantaged individuals and organisations, representing those who cannot otherwise afford legal assistance. She specialises in discrimination and human rights law, and has conducted several public interest and test cases in these areas and made successful communications to the United Nations Human Rights Committee alleging human rights breaches by the Australian government. Responsible for the firm’s CSR initiatives, Hannon oversees the program’s strong focus on working with Indigenous Australians.
Jenni Rutter, Kensington Swan Partner Kensington Swan’s newest partner, IP specialist Rutter, has a particular interest in branding and as a former restaurant owner, takes a keen interest in projects involved in the food industry. After taking time out of the workforce to have twins and co-chair her local Multiple Birth Club, Rutter joined Kensington Swan first as a special counsel on a part-time basis. She currently makes a considered effort to provide pro bono advice to the NZ Multiple Birth Association. Rutter is an inspiration, after taking time out of the legal profession to raise a family, she has still managed to rise to the top of the legal profession.
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FEATURE / WOMEN IN THE LAW
Catherine Osborne, Curwoods Lawyers Partner With four children, Osborne is committed to promoting flexible and fun work practices. Her numerous community contributions include implementing a pro bono program and training lawyers to assist refugees seeking asylum. Osborne is responsible for the firm’s CSR and pro bono program and drives the ‘Moneyball’ project, which encourages thinking outside the square in acquiring talent. She is a director of a Zurich superannuation trustee company and on the advisory board for the law school at the University of Notre Dame. In her practice, she specialises in insurance and commercial litigation.
Heidi Nash-Smith, Wotton Kearney Partner Through Wotton Kearney’s pro bono partnership with Justice Connect, Nash-Smith has represented asylum seekers in applications for judicial review and oversees the firm’s first pro bono secondment at the MOSAIC legal advice clinic. She has also assisted members of the stolen generation to access their government records by developing a specific tool kit and was the driving force behind the creation of the firm’s pro bono and CSR program, Community Footprint.
Future leaders Samara Goode, Colin Biggers and Paisley Senior Associate Goode is a senior associate in the banking and finance team, specialising in corporate and property finance, and is one of the firm’s youngest ever appointments to senior associate. She has acted for investment grade clients, including acting as a lead non-partner lawyer on a $600-million multinational syndication and on the financing of a listed childcare entity.
Jess Easton, Lander & Rodgers Lawyer Easton manages and coordinates the firm’s seniors’ law clinic, which provides assistance to elderly people who are disadvantaged, marginalised and experiencing elder abuse. In preparation to establishing the firm’s Reconciliation Action Plan, Easton lived in a remote aboriginal community for three months, as part of her commitment to the RAP. She has been recognised as a rising star of the firm and has been presented with a number of awards including the 2013 National Lander & Rogers’ Pro Bono Award and the 2013 Most Outstanding Team Contributor Award as voted by her peers. 28 | APRIL 2015
Nadia Czachor, Colin Biggers and Paisley Senior Associate Czachor has a passion for planning and environmental law, which compelled her to complete an LLM in environmental law at Pace in New York, one of the highest ranked environmental law schools. She has worked for major Queensland councils and airports, worked for the New York State Environmental Protection Bureau and the PNG permanent mission to the UN. She has lectured at Bond University and QUT, and was a contributing author to Beyond the Carbon Economy: Energy Law in Transition.
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Change makers Louise Massey, Gadens Partner
Lindy Richardson, Maddocks Partner
Under Massey’s leadership of Gadens’ gender diversity group, a number of initiatives have been implemented to increase gender diversity in senior positions throughout the firm and to particularly support women in their career paths. These initiatives include introducing an unconscious bias training program for partners, establishing a women’s networking group, a new parental leave policy with better benefits, a pilot program for parents returning from parental leave, and a more structured path to partnership program; and Gadens is currently in the process of seeking accreditation as a breast feeding friendly workplace.
An experienced employment law partner, Richardson has mentored young female lawyers throughout her career. She is currently the Maddocks Women Committee co-chair and a member of the equal opportunity and diversity committee. She helps guide firm initiatives aimed at assisting with the growth and professional development of its lawyers, and has been on the Maddocks Foundation Committee since its inception.
Jane Hodder, Herbert Smith Freehills Partner Hodder maintains a successful real estate and property development practice, is a member of both the global board and the global diversity and inclusion group, and leads the firm’s diversity work in Australia. Over the last five years, Hodder has been instrumental in achieving meaningful developments, including leading the work to have the global board set gender targets, driving the establishment of the GDIG to set the firm’s strategic policy direction, coordinating diversity and inclusion, and embedding the objective of fostering a more diverse and inclusive workplace.
Christine Covington, Corrs Chambers Westgarth Partner During her six years as diversity partner and diversity council chair, Covington pioneered Corrs’ gender diversity program, which has led to significant culture change, including establishing Corrs’ ASX compliant diversity policy, the Flexibility@Corrs program and partnering with the Gender Equality Program. Covington is a graduate of the Australian Institute of Company Directors and holds a variety of external board roles with the NSW Environment Protection Authority, Barangaroo Delivery Authority and affordable rental housing provider, City West Housing. APRIL 2015 | 29
FEATURE / WOMEN IN THE LAW
Kate Marshall, K&L Gates Partner Marshall is a highly regarded IT and IP law specialist. She is the current chair of the firm’s Diversity Committee in Australia and is a member of both the firm’s Women in the Profession Committee and the Victorian Women Lawyers Work Practices Committee. Marshall is a key member of the Victorian Women Lawyers’ Work Practices Committee which published the Do you Manage? report. The report investigated flexible work arrangements in Victorian law firms and created guidelines for lawyers and law firms to establish and encourage flexible work arrangements.
Moya Dodd, Gilbert + Tobin Partner Dodd is a director of Football Federation Australia, vice president of the Asian Football Confederation, and a member of the FIFA Executive Committee and its legal committee. She is also a member of the International Council of Arbitration for Sport (ICAS) and played football for Australia with the Matildas from 1986–1995. She successfully campaigned to have the FIFA ban on wearing the hijab (headscarf ) removed so that women of Muslim cultures could play football. She is a highly respected partner in Gilbert + Tobin’s competition and regulation group, specialising in telecommunications, online businesses and converging media. 30 | APRIL 2015
Lexia Wilson, Piper Alderman Partner Wilson is the leader of the Piper Alderman’s diversity council and is the first female partner to sit on the strategic leadership group. A leading property lawyer acting on large value complex commercial transactions, Wilson was appointed to the role of leader of the diversity council to address the small number of women reaching partnership. Through her stewardship, the council established projects such as the mentoring program and has reviewed key firm policies.
Victoria Heine, Chapman Tripp Partner When Heine joined Chapman Tripp she was one of a very small number of solicitors working part-time. Her admission to the partnership from a part-time role has been an important step in establishing a culture where lawyers can combine their work and family responsibilities. She also plays a leading role in the firm’s diversity initiatives.
PROFILE / MICHELLE DIXON
32 | APRIL 2015
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Accidental
CEO Maddocks CEO Michelle Dixon talks to Kathryn Crossley about promoting gender diversity from the top “I call myself an accidental CEO because, if you’d asked me a couple of years ago where I wanted to be in five or 10 years’ time, the answer would have been ‘Doing exactly what I’m doing now’,” says Maddocks CEO Michelle Dixon. “I loved being a litigation lawyer, love the litigation team that we have here and the people in it, so I didn’t aspire to going into a management role, but now that I’m in it I love it.” Dixon has spent most of her career with the firm, first joining as a second-year lawyer, then later managing the litigation practice and joining the board, which ultimately led to a role as the firm’s interim and then permanent CEO. “I came into the role as an interim CEO, and I was really running my full practice as well as doing the CEO role, which wasn’t sustainable, and it was really gut-wrenching giving up that practice and not having the same day-to-day contact with my clients that I’d always had,” she recalls. For Dixon, one of the factors that encouraged
her to take on the role as the firm’s permanent CEO was the opportunity to better tackle gender diversity issues. “An advantage of being a woman in the CEO role is that I’ve experienced what it’s like to take some time off for maternity leave; I’ve experienced what it’s like having a period of not being able to have children, and the pressures that come with that; I’ve experienced that return to work. So I think those things help me to take an active role,” she says. With women making up 60% of female law graduates but only 3% of CEOs in law firms with more than 100 staff, Dixon says it is clear that something is going wrong at some point in lawyers’ trajectories. “I don’t think the answer is saying ‘Well, women naturally drop out because they want to stay at home and look after the kids’. That’s a legitimate choice for women to make, but we need to look at and test why those choices are being made and the extent to which we, as businesses,
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PROFILE / MICHELLE DIXON
“I think if you really focus on getting women into the senior positions, it’s much easier to bring them in through to partnership” whether it’s a law firm or something else, are influencing that decision because of our structures,” she says.
BEYOND PARTNERSHIP When it comes to discussion around the promotion of women in the legal profession, Dixon believes that, in focusing on female partner numbers, many firms have set the bar too low. In her view, getting women into the very senior leadership roles is where firms need to direct their attention. “I think if you really focus on getting women into the senior positions, it’s much easier to bring them in through to partnership,” she says. “I think it’s very hard for some people to envision leadership as looking like anything other than what we’re seeing in law firms over the last however many years, which is typically a slightly older, private-school educated Caucasian man. Until we get more women into leadership roles and people have those accessible and visible mentors to see that leadership can look a little different, it’s very hard to adjust some of those unconscious biases,” Dixon observes, emphasising the importance of dialogue and self-awareness around perceptions of male and female leaders. In Dixon’s view, having a diverse leadership group is essential for a firm’s success. “If you don’t have women in the senior leadership roles, you don’t have women’s voices in those really important conversations around strategy, people issues, culture, and that really limits the potential of the firm,” she says. “I think it can lead to a slightly blinkered way of looking at things. The studies all show that, if you have a diverse leadership group, that tends to lead to better financial performance.”
A QUESTION OF QUOTAS When examining how to increase the number of 34 | APRIL 2015
female leaders within the firm, the Maddocks partnership has had robust discussions around the question of quotas. Dixon admits that five years ago her position on quotas for women in leadership would have been anti-quotas, but she says her thinking on this has changed. “You just look at the sheer attrition of women coming through the legal profession; I think there is some structural value in management roles particularly – possibly not so much board roles where you call on the same pool of people – in forcing people … to direct their attention to this … and looking at whether there are structural issues,” she says. Following the partnership’s discussions about quotas, for the first time in the firm’s history that Dixon can recall, more than one woman stood for the board, and every woman who stood was elected. The firm has a quota that at least one elected board position must be filled by a woman, but half of the current board is comprised of women. She credits having that crucial conversation about women in senior leadership roles with starting to change the dynamics of the firm. At the partnership level, Maddocks does not employ quotas but previously set an aspirational target that women should account for 30% of the partnership by 30 June 2014. That target was reached a year early, and the firm’s female partners now account for 32% of the total partnership. In the younger bracket of partners, those aged 35 to 45, more than half of those partners are women.
ENCOURAGING FUTURE LEADERS “Put your hand up” is Dixon’s advice to female lawyers seeking leadership roles, but she acknowledges the need for encouragement of future leaders, and illustrates the role that all senior lawyers can play in helping to bring through the next generation of female talent. “My general advice for all people coming through is that when they see someone who is doing a really good job, whether it’s a man or a woman, is tell them. If there is a role coming up that you think they’d be good for, suggest it to them,” she says. “The studies all show that women in particular are much less likely to put their hand up, so that’s where that encouragement becomes really important.” AL
Image by: Thilo Pulch (www.pulchphotography.com)
FEATURE / GENDER EQUALITY INITIATIVES
Making workplace
gender equality a reality
Of the 76 organisations currently holding the WGEA Employer of Choice for Gender Equality citation, 14 are law firms. Australasian Lawyer spoke with those firms about their initiatives to support and advance women in the legal profession
Yolanda Beattie Public affairs executive manager WGEA
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“Law firms really have no excuse and a dire market need,” says Workplace Gender Equality Agency public affairs executive manager, Yolanda Beattie. While women make up more than 60% of law graduates, similar proportions of women are not represented in partnership and senior leadership numbers at Australia’s law firms. Diverse groups of decision makers drive better business outcomes, and addressing the gender equality question is crucial for firms that wish to avoid fishing in only one part of the talent pool, Beattie says. “If [firms] want to attract and retain the best talent, and we know that the best talent proportionately is women, then you need to look at how you can pull them through the ranks.” A number of the structural and cultural barriers inhibiting women’s progression through the ranks in law firms are borne of client demands. Beattie emphasises the need for firms to have realistic conversations with their clients about
what flexibility means and how more flexible approaches to work can deliver better outcomes for clients and lawyers. “As long as you define partner as a lifestyle that comes above all else, then you’ll struggle to get women to take on those roles,” she says. “We are starting to see some law firms take quite innovative approaches where firms are not rewarding tenure, but they’re instead rewarding outcomes, and the challenge will be mainstreaming flexible working for everyone. The more we can get partners and the [rainmakers] working flexibly so that it is seen as an opportunity for everyone and a benefit for the firm as a result, then we’ll start really driving the change that we need.” WGEA’s Employer of Choice for Gender Equality citation sets and raises the benchmark for performance in this area and recognises best practice employers. The 14 law firms to receive the 2014 citation share their initiatives for supporting and promoting female talent in the profession.
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ALLENS In 2014, Allens implemented its new career model. One of the goals behind the introduction of the new model was to better develop, retain and advance the firm’s women lawyers. “Changes include a more transparent career framework, more regular career milestones, the allocation of a performance coach for all lawyers, and more regular ‘100 day’ career conversations,” explains Allens director of people and development, Jane Lewis. The firm anticipates that greater emphasis on career planning and conversations about career aspirations and business needs will deliver improved retention of female lawyers. A lawyer’s need for flexibility can also be supported and accommodated in their career planning. The shift to a merit-based career model moves the emphasis away from time served, and instead focuses on capability. Although the program only came into effect in July 2014, the firm has already seen an acceleration of the progression of women and an increasingly strong pipeline of female talent coming through the ranks. Since its introduction, the new career model has seen a number of women lawyers promoted ahead of the traditional seniority thresholds that previously governed promotion. As part of the changes, additional initiatives such as more targeted development programs and a review of flexible work practices are also being implemented.
Jane Lewis Director of people and development
ASHURST The day before Ashurst’s partners assembled in Dubai for the first global partners conference in October 2014, the firm held another meeting for all female partners. One of the aims of the meeting was to enable all female partners to meet, network, and get to know each other. “A lot of the partners had never had the opportunity to meet, so this was a unique opportunity for just the women partners to meet each other and build up networks to support each other across the firm,” says Ashurst diversity manager Lauren Levin. Given the firm’s considerable global footprint, the meeting was also an opportunity to share knowledge and swap ideas. “Each jurisdiction that we operate in is slightly different and they’re at different stages of the gender agenda,” says Levin. Another focus of the meeting, which was also attended by the firm’s board and executive committee, was to discuss and plan initiatives to enable the firm to reach its gender targets for 2018. Unconscious bias training and diversity and inclusion objectives for all partners were among the outcomes of the meeting. Upon returning from the conference, those that attended the female partners’ meeting conducted presentations in their home offices to inform staff of the forum’s key discussions and outcomes.
Lauren Levin Diversity manager
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FEATURE / GENDER EQUALITY INITIATIVES
BAKER & MCKENZIE The firm’s gender diversity program, BakerWomen, is designed to support the progression of female talent to senior roles and to foster networks among women at all stages of their professional careers. In the past two years, BakerWomen has held more than 20 events focused on gender diversity, including internal events and development programs, and eight client events. “It has provided women at all levels with permission, and a forum, to explore ideas, experiences, concerns and successes in relation to gender equality. It has also, very importantly, created networks for women, not just internally but with our clients and the wider business community. It has also been a forum for including men in the discussions about gender equality,” says Anne-Marie Allgrove, chair of the firm’s diversity and flexibility steering group.
Anne-Marie Allgrove Diversity and flexibility group chair
CLAYTON UTZ Clayton Utz’s national networking initiative for women lawyers formally launched in 2009, but has its origins in informal networking groups previously in place in various offices. The Momentum program aims to support female lawyers in achieving career satisfaction and providing access to a range of opportunities for personal and professional advancement. “Momentum provides a range of opportunities for Clayton Utz women to build their peer and client networks, develop their leadership and ‘soft’ skills, and debate and discuss issues such as work-life balance, flexible work and career satisfaction,” says deputy chief executive partner (people and development) Kate Jordan. “It has provided an open forum for both our women and men to come together to discuss issues impacting their personal and working lives and how we can work together to address these in a positive way.” Panel discussions, professional development sessions and networking opportunities are all part of the Momentum agenda, and the annual cocktail event has hosted prominent speakers such as Foreign Affairs Minister Julie Bishop, and Coca-Cola CEO Alison Watkins. The program also includes a Caffeine Connect initiative, which provides opportunities for women to build relationships across the firm by bringing together three randomly selected people from different practice groups for informal catch-ups.
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Kate Jordan Deputy chief executive partner
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CORRS CHAMBERS WESTGARTH “Flexibility is a strategic business issue. It is critical to workplace effectiveness, employee engagement, and long-term business sustainability,” says Corrs Chambers Westgarth partner and CEO John Denton. In order to embed a flexible workplace culture, the firm launched its Mainstreaming Flexibility@Corrs project in 2013. The initiative will improve the way that flexibility is accessed, implemented and supported across the firm, and aims to demonstrate the firm’s responsiveness to lawyers’ changing circumstances, needs and priorities. The program has also seen the firm engage with its clients to share ideas and models for flexible work. Although Mainstreaming Flexibility will drive gender equality outcomes, Denton says it is also about creating workplace choice and flexibility for everyone. “Our goal is to strengthen the commitment and understanding of flexibility across the firm so it becomes standard business practice and an option for all Corrs people at various stages in their lives and careers, regardless of gender or age, and without adverse impact on ultimate career goals.” Close to 73% of the firm’s staff and 43% of partners have indicated that they will seek to access or continue to access flexible work options in the next two to three years.
John Denton Partner and CEO
DLA PIPER AUSTRALIA Although a relatively new feature at DLA Piper Australia, the Leadership Alliance for Women (LAW) is a program that has been in place at DLA Piper in the US for close to 10 years. The initiative gives current and future leaders within the firm opportunities to build their client relationships and strengthen leadership skills by providing a platform to enable more meaningful networking with female clients and colleagues. Since its adoption in Australia in March 2014, the local LAW program has run 14 national events that have been attended by close to 300 clients. The program incorporates mentoring and sponsorship, and is also well supported by male lawyers and leaders within the firm. “Whilst it’s an important program primarily targeted to our women, it’s not at the exclusion of our male colleagues… we do need their support to champion the change we want to see both within DLA Piper but also across the profession,” says global LAW steering committee co-chair, Melinda Upton. In 2015, the LAW program crossed the Tasman and was introduced at DLA Piper New Zealand. “It’s about empowering and developing the leadership skills of our senior female staff and encouraging them, showing them the way to partnership and supporting them through that process, while also helping them to build a network of important business connections,” says partner Tracey Cross.
Melinda Upton Global LAW steering committee co-chair
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FEATURE / GENDER EQUALITY INITIATIVES
GILBERT + TOBIN Available to the firm’s entire women lawyer population, the Women@G+T program strives to create opportunities for talented junior female lawyers to access senior role models in an informal environment. Through a series of lunches and guest speaker events, the program introduces junior women to senior lawyers and partners from other parts of the practice and exposes them to a variety of senior female role models. “Often, mentoring relationships will emerge but we take the view that seeing a variety of talented women ahead of me in the practice is one of the best methods by which we can inspire junior women,” says the firm’s head of organisational development, Petra Stirling. Managing partner Danny Gilbert agrees. “We started with talented women in the partnership and once you have a few women in leadership it is easier for others to see how they can also be leaders of the firm, or aspire to other leadership positions in the future,” he says. The program also incorporates training and development strands that focus on presence and voice to develop lawyers’ capabilities and confidence as they move into the final years before making submissions for partnership. According to Stirling, the program has helped to build upon the firm’s already strong leadership pipeline, and helps to inspire participants and enable them to clarify their vision for their careers.
Danny Gilbert Managing partner
HENRY DAVIS YORK Henry Davis York’s new Working and Parenting Program, which ties in with the firm’s other flexible work initiatives and policies, is focused on helping women to successfully return to work from maternity leave and helping them to build confidence in combining work and parenting. “Combining what can sometimes end up being competing interests can be really challenging for people,” says the firm’s flexibility manager, Justine Knight. The Working and Parenting Program, which is co-run with Gilbert+Tobin, covers topics such as personal branding, effective communication, setting boundaries on days when lawyers are away from the office, and minimising guilt. The workshop series also provides participants with the opportunity to broaden their networks and a forum where they can speak freely about difficulties that they may have encountered in the workplace around flexible working or parenting and working concurrently. First run in late 2014, the program’s practical focus has already received very strong feedback from attendees. “Lawyers are very practical people and they’re very time-poor… we really wanted something that provided some tangible and practical ideas and solutions,” Knight says.
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Justine Knight Flexibility manager
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HOLDING REDLICH Holding Redlich’s Parenting Partner Program aims to support lawyers returning to work from maternity leave and provide assistance with flexible work arrangements. “In each of our offices we have a parenting partner who is an active supporter of the women who go off on maternity leave,” explains partner and chair of the firm’s diversity committee Andrea Tsalamandris. When a lawyer is scheduled to go on maternity leave, the parenting partner provides practical guidance as to what they may be able to expect being out of the office, and then when they return to work. As part of the program, the firm has also introduced a component to support lawyers returning to work with requests for flexible work arrangements. When someone wants a flex work arrangement, the request is discussed and considered with the lawyer, their supervising partner, an HR representative and Tsalamandris, as chair of the firm’s diversity committee. “What we wanted to make sure was that the policies that we have in place are consistently applied across the firm… if individual solicitors have to get approval from the individual partner that they work with and that partner may not be such a supporter of the policy, then it all falls away,” Tsalamandris says.
Andrea Tsalamandris Diversity committee chair
K&L GATES When International Women’s Day rolls around each year, lawyers at K&L Gates’ Australian offices gather for the announcement of the firm’s annual Women’s Achievement Awards. “It gives everyone within the firm an opportunity to honour one of their colleagues who is achieving great things within the firm or our community,” explains Australia managing partner Nick Nichola. “It seeks to highlight individual achievement across a number of categories,” he explains. The four award categories cover client service, team work, community involvement and emerging talent. In years where the nominations received are particularly exceptional, an additional award may sometimes be given. Each year the finalists and award winners are announced at a celebratory morning or afternoon tea across all Australian offices. In the few short years that it has been running, the awards have already become one of the best-attended events on the firm’s internal calendar. Despite the progress that the firm and the broader legal profession is making in terms of increasing the numbers of women in leadership roles, Nichola says the event is also a reminder that there is more to be done. “This is but one of the ways we continue to try and focus on diversity issues within the firm and in particular gender issues within the firm,” he says.
Nick Nichola Managing partner
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FEATURE / GENDER EQUALITY INITIATIVES
MADDOCKS “If you go back 10 or 15 years, it was a perception that if you take maternity leave, that’s going to be a massive career break, and if you’re a lawyer, you shouldn’t do it until you're a partner or you’ll never make partner. Those perceptions are gone now,” says Maddocks partner and CEO Michelle Dixon. In addition to providing 12 weeks of paid maternity leave for women, the firm’s comprehensive parental leave policy aims to ensure a smooth and supported transition back to practice, with budget relief and other additional support for a year after returning to work. A key aspect of the policy involves developing an individual plan for each female practitioner preparing for and then returning from parental leave. These plans cover who will take responsibility for the lawyer’s clients and matters in their absence, regular meetings with the practice team leader, and increased communication with clients and colleagues prior to the practitioner's return to work. The program allows lawyers to take a proper break without worrying about losing their clients and matters and then having to start from scratch on their return, and helps lawyers to feel supported in resuming their careers. As a result of the policy, in recent years the firm has achieved a 100% return rate from maternity leave.
Michelle Dixon Partner and CEO
MCCULLOUGH ROBERTSON Through its Sky Program, McCullough Robertson has adopted a multi-faceted approach to promoting gender equality within the firm. The program encompasses a range of the firm’s initiatives in this space, including education and training initiatives around unconscious bias, flexible working, and preparing for and returning from parental leave. A range of content is covered and sessions are open to both male and female lawyers. Panel sessions also provide an avenue for storytelling so that the firm’s leaders can communicate their commitment to gender diversity, and those working part time, including male partners working flexibly, can share their experiences. The program also includes mentoring and sponsorship mechanisms, such as the Connect initiative that brings senior associates and special counsel together with more junior lawyers to share career stories and guidance. Sky also incorporates measuring and reporting mechanisms to ensure that the initiatives are achieving the desired outcome. According to director of people and performance, Louise Ferris, the program’s implementation has prompted discussions and helped to bring a diversity lens to a range of projects within the firm. “We’re on a journey. We’re at the start of the journey but we’re in the right frame of mind,” she says.
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Louise Ferris Director of people and performance
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MINTER ELLISON “We know that flexibility is a key driver in terms of performance, and a key driver in talent retention,” says Minter Ellison chief experience officer Fiona Glendinning. The firm’s Empower program, which takes a multi-dimensional approach to diversity, includes a component that focuses on redefining work practices from a flexibility perspective in a way that supports all members within a team, and particularly women. A 2014 program saw two teams within the firm successfully creating and beginning to implement flexibility plans, in which all team members have outlined how they would like to work more flexibly. The plans link partners’ business objectives and parameters with the adoption of more flexible working practices. “It’s early days but the impact that we’ve already seen is that our women like it because they see that their flexible work practices can be achieved; it legitimises their flexibility arrangements; it also helps them to have conversations with the team,” Glendinning says. “It doesn’t create an ‘us and them’ mentality in the group where flexibility is just for women; it’s for everyone and therefore they’re more supportive too.” The flexibility component, which was launched and piloted in November 2014, will now be rolled out across the firm.
Fiona Glendinning Chief experience officer
NORTON ROSE FULBRIGHT To boost the numbers of women reaching senior roles in the firm, Norton Rose Fulbright runs a Career Strategies Program. The invitation-only program aims to provide additional support, learning and development to target highly talented senior women and help bring them through the process to partnership and senior positions at the firm. Through a range of modules spread over a six-month period, lawyers learn about gender dynamics, managing stakeholders, and authentic leadership, and hear from role models about their experiences on the route to partnership. Candidates also receive external coaching to assist in building confidence, personal branding, business development and selling skills. “It also provides a non-judgmental space for women to have honest conversations about the challenges they’re facing and help them to find some solutions,” says Sally Macindoe, the firm’s global head of diversity and inclusion, and co-chair of the Diversity and Inclusion Committee. The program has received very positive feedback from participants, and has also translated into improved promotion outcomes for women. “We’re reaping the benefits as our statistics continue to trend in the right direction,” she says.
Sally Macindoe Global head of diversity and inclusion
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Case Study:
Lexis for Microsoft® Office. ®
Research authorities and legislation are rapidly moving online because the cost of updating a library is prohibitive, and online research can be very quick and thorough. While services such as CaseBase® Case Citator and LexisNexis Red® assist us with mobility and finding an on point reference a workflow gap exists which can be filled by Lexis for Microsoft Office , an add-on to Microsoft Office Word and Outlook, created in conjunction with Microsoft. Lexis for Microsoft Office provides subscribers with a tool bar at the top of their Microsoft Word screen showing a new “LexisNexis” tab, this is also added to Outlook to run most features on emails. This program lets users: 1) search the computer for PDF documents, 2) convert them to Word format, 3) search converted documents for references such as cases, legislation, key words, and list them, 4) include icons to show the treatment of the case or legislation, hyperlinks from cases or legislation to CaseBase and LexisNexis Red, as permitted by the service, 5) go to particular cases or legislation to add authorities, case extracts and notes to the document being reviewed, 6) edit documents, add or subtract authorities or extracts, and use the online service to refine submissions. This current version is stable, easy to operate and performs well. Users with some experience of online researching will be comfortable with it in about half an hour.
44 | APRIL 2015
A brief training session will update users on software changes, and videos are available online at the LexisNexis Knowledge Network website. Lexis for Microsoft Office provides additional items on the “LexisNexis” tool bar, each of which provides appropriate options for research. The primary button is ‘Background’, which combines many individual features. The ‘Import’ function imports PDFs into a working page and converts them to a Word document for editing. There are also options for Check Cited Docs, Get Cited Docs, Cases, Forms and Precedents, Research Browser, History Map and Pinned Items. The first lets users generate hyperlinks and view CaseBase signal indicators for all citations in the document. The second option scans documents and prepares a list of all cited cases. The third generates a list of all highlighted passages. The ‘Forms and Precedents’ button searches a computer or LexisNexis Australian Encyclopaedia of Forms & Precedents for similar precedents. Research Browser directly accesses the LexisNexis AU core research platform and all subscribed services, including CaseBase. History Map provides a diagrammatic representation of all lines of research carried out, which is useful when more than one person is working on a matter or when research is resumed at a later time. Actual decisions can be accessed in the right hand pane, in which a digital pin appears to the right of text. This pin
leaves messages for those working on the matter, or as a reminder on returning to the research. Lexis for Microsoft Office users may find words or phrases which require more information. A scan will provide a hyperlink to additional information such as a definition, use of that expression in cases, or a Google search result. Users can send feedback to LexisNexis by highlighting the word and right clicking for the ‘Send Feedback’ option. An additional element allows scanning for and referencing features about companies, identifying them and providing links to a company’s database for its background. One negative is the ongoing problem of referring to authorised reports. LexisNexis does not have access to the Commonwealth Law Reports and a citation of a Commonwealth decision will be focused towards ALRs. An authorised report must still be obtained if the case is to be cited in Court. Lexis for Microsoft Office, CaseBase and LexisNexis Red work hand in hand. Lexis for Microsoft Office is designed around Windows XP, Vista, Windows 7 and 8, Internet Explorer 8 or above. Mac users should note that LexisNexis only supports it when used with Microsoft Office software. Lexis for Microsoft Office is a useful tool which complements drafting and research. It needs more refinement but LexisNexis is keen to respond to feedback.
An overview by Brian Morgan, Barrister, Chambers, Brisbane.
Australian Business Lawyers & Advisors is an awardwinning law firm supporting businesses in workplace relations, corporate and commercial law and property law. Whether representing ASX top 20 companies, small businesses or conducting major test cases for leading employer associations, ABLA works hard to live by its motto “experts make things simple.” Workplace law involves much more than legal capability. Done well, it also requires an understanding of human resource management, industrial/union relations and how workplace culture is formed and changed. This expertise, together with our understanding of front line leadership and the drivers of employee performance, ideally place us to assist you in your business. Our workplace relations practices in Sydney and Brisbane offer employers a full suite of employment law services and training as well as wider employee relations and strong industrial relations capabilities.
Our focus is to simplify complex issues to deliver an answer that can be practically applied in your business using your language. Making our clients’ lives easier is at the heart of our service ethos.
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2015
Finalists he Australasian Law Awards is the highlight of the legal industry calendar, recognising excellence and the outstanding achievements of those in the business. Over several months, Australasian Lawyer sought nominations from across the Australian and New Zealand legal industry, and we were inundated with hundreds of nominations. Congratulations to all firms, in-house teams and lawyers who are finalists in the 2015 Australasian Law Awards. For more information about this event and to book your table, visit www.auslawawards.com.au.
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Corporate Citizen Firm of the Year Clayton Utz DLA Piper Gilbert + Tobin Herbert Smith Freehills King & Wood Mallesons Russell McVeagh Salvos Legal
Employment Law Specialist Firm of the Year Australian Business Lawyers & Advisors Goldstein Ryder Harmers Workplace Lawyers MDC Legal People + Culture Strategies Workdynamic Australia
State/Regional Firm of the Year Carter Newell Lawyers Finlaysons HHG Legal Group Jackson McDonald Keystone Lawyers Russell Kennedy
SIGNATURE CONSULTING Australian Law Firm of the Year (250–500 lawyers) Gilbert + Tobin Maddocks Moray & Agnew Sparke Helmore Lawyers Thomson Geer
Banking & Financial Services In-house Team of the Year AMP Bank of Queensland Commonwealth Bank NAB UBS AG (Australian Branch) Westpac Banking Corporation
JLT Employee Health & Wellbeing Award DLA Piper Gadens Herbert Smith Freehills Maddocks People + Culture Strategies Simpson Grierson Wallmans Lawyers
AIG Insurance Specialist Firm of the Year Carter Newell Lawyers Clyde & Co McCabes Lawyers Sparke Helmore Lawyers Turks Legal William Roberts Lawyers Wotton + Kearney
Australian Boutique Firm of the Year Bespoke Coleman Greig JHK Legal Keypoint Law Nexus Law Group Salvos Legal Webb Henderson
Australian Large Law Firm of the Year Clayton Utz Corrs Chambers Westgarth Gadens HWL Ebsworth Minter Ellison
SPARKE HELMORE Insurance In-house Team of the Year AIG Allianz IAG Steadfast Group Zurich
Law Firm Leader of the Year Michelle Dixon, Maddocks John Edmond, Clyde & Co Danny Gilbert, Gilbert + Tobin Sue Kench, King & Wood Mallesons John Nerurker, Mills Oakley Lawyers Mary Padbury, Ashurst John Poulsen, Squire Patton Boggs
IP Specialist Firm of the Year AJ Park Intellectual Property Baldwins Intellectual Property Davies Collison Cave Griffith Hack Phillips Ormonde Fitzpatrick Wrays
SIGNATURE CONSULTING Australian Law Firm of the Year (100–249 lawyers) Hall & Wilcox Holman Webb Lawyers Jackson McDonald Johnson Winter & Slattery Lander & Rogers Lawyers Mills Oakley Lawyers Piper Alderman
International Firm of the Year Allen & Overy Ashurst Baker & Mackenzie DLA Piper Herbert Smith Freehills King & Wood Mallesons Norton Rose Fulbright
GILBERT + TOBIN Investment Bank In-house Team of the Year Credit Suisse Goldman Sachs Australia Macquarie Bank Merrill Lynch Morgan Stanley Australia UBS AG (Australia Branch) APRIL 2015 | 47
CLAYTON UTZ Australian In-house Lawyer of the Year Matthew Baumgurtel, Fotowatio Renewable Ventures Nevenka Codevelle, APA Group Angela Flannery, Department of Communications Justin Forsell, NBN Co Legal Group Julian Hill and Stephen Skinner, Roy Hill Holdings and Hancock Prospecting Jamie Kulczycki, Insurance Australia Group trading as NRMA Insurance
Australian In-house Team of the Year AGL Energy Department of Communications Definitive Agreements Team NBN Co Legal Group Roy Hill Holdings and Hancock Prospecting Snowy Hydro Telstra Westfield Corporation
RUSSELL McVEAGH New Zealand In-house Team of the Year ASB - Legal Service Fonterra Co-operative Group IAG Transport Agency UBS New Zealand Westpac
Equity Market Deal of the Year APX listings of two Chinese companies FIRM: Baker & McKenzie Government of Papua New Guinea purchase of Oil Search shares FIRM: Norton Rose Fulbright BANK: UBS Healthscope IPO FIRMS: Bell Gully Gilbert + Tobin Herbert Smith Freehills BANKS: CIMB Capital Markets (Australia ) Credit Suisse (Australia) Goldman Sachs Australia
UBS AG (Australia Branch) ADVISERS: Deloitte Corporate Finance Macquarie Capital (Australia) Merrill Lynch Equities (Australia) Transurban Group’s equity raising and accelerated entitlement offer FIRMS: Gilbert + Tobin King & Wood Mallesons Morgan Stanley Sidley Austin LLP Skadden, Arps, Slate, Meagher & Flom LLP BANK: Goldman Sachs ACCOUNTING FIRM: PwC
ADVISER: Morgan Stanley Medibank Private IPO FIRMS: Australian Government Solicitors Bell Gully Clayton Utz Herbert Smith Freehills King & Wood Mallesons Sidley Austin Skadden, Arps, Slate, Meagher & Flom LLP BANKS: Commonwealth Bank of Australia Deutsche Bank AG Goldman Sachs Australia
ADVISERS: Bell Potter Securities Craigs Investment Partners Deloitte Touche Tohmatsu Ernst & Young Evans and Partners JBWere JBWere (NZ) Lazard Macquarie Capital (Australia) Macquarie Equities Macquarie Equities New Zealand Morgans Financial Ord Minnett Reunion Capital Partners UBS Wealth Management Wilson HTM Corporate Finance
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Debt Market Deal of the Year Emeco high-yield bond offering FIRMS: Baker & McKenzie King & Wood Mallesons Ogilvie LLP Skadden, Arps, Slate, Meagher & Flom LLP Perth Airport Corporation refinancing FIRMS: Allens King & Wood Mallesons Norton Rose Fulbright
Roy Hill iron ore project FIRMS: Allen & Overy Ashurst Herbert Smith Freehills Latham & Watkins Norton Rose Fulbright INVESTMENT BANK: Rothschild Australia
Westfield debt restructure FIRMS: Allens Freshfields HWL Ebsworth Lawyers Linklaters Skadden, Arps, Slate, Meagher & Flom LLP Woolworths syndicated fronted bank guarantee facility FIRMS: Allens Henry Davis York King & Wood Mallesons
NAB climate bond issue FIRMS: Ashurst King & Wood Mallesons
Energy & Resources Deal of the Year AGL acquisition of Macquarie Generation FIRMS: Ashurst Baker & McKenzie Herbert Smith Freehills Minter Ellison INVESTMENT BANK: KPMG
Baytex acquisition of Aurora Oil & Gas FIRMS: Davies Ward Phillips & Vineberg LLP Gilbert + Tobin Minter Ellison Norton Rose Fulbright INVESTMENT BANKS: Credit Suisse Goldman Sachs
Glencore and Sumitomo acquisition of Clermont Mine FIRMS: Allens Ashurst Clifford Chance King & Wood Mallesons Roy Hill iron ore project FIRMS: Allen & Overy Ashurst
Herbert Smith Freehills Latham & Watkins Norton Rose Fulbright INVESTMENT BANK: Rothschild Australia Origin purchase of exploration permits from Karoon Gas FIRMS: Baker & McKenzie K&L Gates
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APRIL 2015 | 49
Insolvency & Restructuring Deal of the Year Boart Longyear restructure FIRMS: Ashurst Kirkland & Ellis Minter Ellison BANKS: Goldman Sachs Moelis & Co Purchase of CrossCity Tunnel assets from receiver FIRMS: Allens Ashurst Clayton Utz King & Wood Mallesons ACCOUNTING FIRM: KPMG
Mirabela restructure and recapitalisation FIRMS: Cleary Gottlieb Steen & Hamilton LLP Colin Biggers and Paisley Gilbert + Tobin Hardy Bowen Herbert Smith Freehills Norton Rose Fulbright Pinheiro Guimarães – Advogados BANK: Houlihan Lokey ADVISERS: KordaMentha Rothschild Australia
Nexus Energy Restructure FIRMS: Arnold Bloch Leibler Clayton Utz Herbert Smith Freehills Norton Rose Fulbright Piper Alderman ADVISERS: Ferrier Hodgson McGrathNicol Forge receivership and liquidation FIRMS: Clayton Utz King & Wood Mallesons Norton Rose Fulbright
M&A Deal of the Year Fosun takeover bid for ROC Oil FIRMS: Herbert Smith Freehills Norton Rose Fulbright Westfield Group demerger and subsequent merger with Westfield Retail Trust FIRMS: Ashurst King & Wood Mallesons Russell McVeagh ACCOUNTING FIRM: KPMG ADVISERS: Ernst & Young Morgan Stanley UBS AG
Telstra’s sale of stake in Sensis to Platinum Equity FIRMS: Baker & McKenzie King & Wood Mallesons Norton Rose Fulbright Macquarie acquisition of HSBC credit card portfolio FIRMS: Allen & Overy Clayton Utz HWL Ebsworth
Australian Deal Team of the Year Ashurst, Corporate Advisory Ashurst, Media & Tech Baker & Mackenzie, Major Projects Gilbert + Tobin, Corporate Advisory Herbert Smith Freehills, M&A Team King & Wood Mallesons, M&A Team 50 | APRIL 2015
Woolworths acquisition of David Jones by scheme of arrangement FIRMS: Arnold Bloch Leibler Bowman Gilfillan Gilbert + Tobin Herbert Smith Freehills Latham & Watkins Linklaters Webber Wentzel Werksmans Attorneys ADVISERS: Ernst & Young Grant Samuel Gresham Partners Macquarie Capital Rothschild Australia
NZ Deal Team of the Year Bell Gully Chapman Tripp Russell McVeagh Simpson Grierson Webb Henderson
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Australian Dealmaker of the Year Garry Besson, Ashurst Tony Damian, Herbert Smith Freehills David Friedlander, King & Wood Mallesons Rebecca Maslen-Stannage, Herbert Smith Freehills Neil Pathak, Gilbert + Tobin Philippa Stone, Herbert Smith Freehills Dr Martyn Taylor, Norton Rose Fulbright
NZ Dealmaker of the Year Gavin MacDonald, Bell Gully Michael Pollard, Simpson Grierson Graeme Quigley, Russell McVeagh Garth Sinclair, Webb Henderson John Stronger, Chapman Tripp
Property, Infrastructure and Projects Deal of the Year Hasting Funds Management and China Merchants Group’s acquisition of the long-term lease of the Port of Newcastle FIRMS: Gilbert + Tobin King & Wood Mallesons Minter Ellison ACCOUNTING FIRM: PwC ADVISER: Morgan Stanley
NBN Co and Telstra – Renegotiation of agreements to roll out the National Broadband Network FIRMS: Ashurst Clayton Utz Gilbert + Tobin King & Wood Mallesons Webb Henderson BANK: Goldman Sachs North West Rail Link FIRMS: Ashurst Clayton Utz Corrs Chambers Westgarth Herbert Smith Freehills
Roy Hill iron ore project FIRMS: Allen & Overy Ashurst Herbert Smith Freehills Latham & Watkins Norton Rose Fulbright INVESTMENT BANK: Rothschild Australia TransAlta power station project FIRMS: Herbert Smith Freehills Squire Patton Boggs ACCOUNTING FIRMS: Ernst & Young PwC
International Deal of the Year Hasting Funds Management and China Merchants Group’s acquisition of the long-term lease of the Port of Newcastle FIRMS: Gilbert + Tobin King & Wood Mallesons Minter Ellison HOPU Investment in Paladin Energy Ltd FIRM: King & Wood Mallesons
Sale of global property services business DTZ, for UGL Limited FIRMS: Gilbert + Tobin Herbert Smith Freehills BANK: Goldman Sachs ACCOUNTING FIRM: KPMG Woolworths acquisition of David Jones by scheme of arrangement FIRMS: Arnold Bloch Leibler Bowman Gilfillan Gilbert + Tobin
Herbert Smith Freehills Latham & Watkins Linklaters Webber Wentzel Werksmans Attorneys ADVISERS: Ernst & Young Grant Samuel Gresham Partners Macquarie Capital Rothschild Australia
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Sponsors AIG Australia Limited
Gilbert + Tobin
American International Group, Inc. (AIG) is a leading international insurance organisation serving customers in more than 100 countries and jurisdictions. AIG companies serve commercial, institutional, and individual customers through one of the most extensive worldwide property-casualty networks of any insurer. In addition, AIG companies are leading providers of life insurance and retirement services in the United States. AIG common stock is listed on the New York Stock Exchange and the Tokyo Stock Exchange.
Gilbert + Tobin is a leading independent corporate law firm and a key player in the Australian legal market. From our Sydney, Melbourne and Perth offices, we provide innovative, relevant and commercial legal solutions to major corporate and government clients across Australia and internationally, particularly in the Asia-Pacific region.
CONTACT Jane Pochon, financial lines claims manager – Australasia P: 02 9240 1767 E: jane.pochon@aig.com W: www.aig.com
CONTACT Danny Gilbert, managing partner P: 02 9263 4000 E: email@gtlaw.com.au W: www.gtlaw.com.au
Clayton Utz
JLT
Clayton Utz is one of Australia's leading law firms, with a reputation for standing out – and for being outstanding. We have built a reputation over many years for confident, incisive legal services that reflect the bigger picture of what our clients want to achieve. Our people are diverse and down-to-earth, which is the Clayton Utz culture. They are trusted legal advisers, engaging people, and active in giving back to others through our global leading Pro Bono practice and Community Connect program. As an independent firm, we have relationships with leading firms around the world. That means our clients can be confident they have access to the best possible advice, wherever and whenever they need it. We offer the sharpest legal minds. The clearest advice. And an unshakeable sense of what’s possible.
JLT is a wholly-owned subsidiary of Jardine Lloyd Thompson Group, one of the world’s largest providers of insurance, risk and employee benefits related advice. With 20 offices across Australia and more than 920 staff, JLT provides flexible, efficient and quality solutions to our clients.
CONTACT Rob Cutler, chief executive partner P: 02 9353 4104 E: rcutler@claytonutz.com W: www.claytonutz.com
52 | APRIL 2015
CONTACT Stuart Whitbread, general manager – Benefit Solutions P: 02 9290 8023 E: stuart.whitbread@jlta.com.au W: www.jlta.com.au
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Signature Consulting
Sparke Helmore
Signature Consulting is a leading professional services recruitment specialist. We proudly partner with chartered accounting firms and law firms across Australia to source the very best accounting, legal and support talent in the current market. Our ambition is to become the most trusted and most respected recruitment business in the accounting and legal markets, renowned for the calibre of our people and the quality of our approach. Our Signature is our talent.
Sparke Helmore Lawyers is a firm of 600 people working from nine offices across Australia, serving the needs of the insurance, government, financial services, mining, construction and property sectors. Our expertise spans corporate and commercial to construction, workplace to insurance, IP to IPOs, mining to manufacturing, and property to procurement.
CONTACT Steve Cole, managing director P: 0410 344 723 E: scole@signatureconsulting.com.au W: www.signatureconsulting.com.au
CONTACT Rhett Slocombe, partner P: 02 9373 3555 E: info@sparke.com.au W: www.sparke.com.au
Russell McVeagh Russell McVeagh is an award-winning firm with an established history of excellence. Widely regarded as New Zealand’s premier law firm, we employ more than 250 lawyers across our offices in Auckland and Wellington. Our solicitors advise across nine key practice groups: Competition, Corporate, Employment, Environment Planning & Natural Resources, Finance, Litigation, Property, Public Law and Tax. We represent leading corporations, financial institutions, state-owned enterprises, government entities and multinational companies on their most complex, challenging and high-profile transactions. Russell McVeagh is committed to understanding our clients and providing commercially focused solutions. CONTACT Gary McDiarmid, CEO P: +64 9 367 8091 E: gary.mcdiarmid@russellmcveagh.com W: www.russellmcveagh.com
For information about sponsorship opportunities for the 2015 Australasian Law Awards, please contact: Paul Ferris P: 02 8437 4703 E: paul.ferris@keymedia.com.au
APRIL 2015 | 53
BUSINESS STRATEGY / WOMEN IN THE WORKPLACE
WOMEN AT THE TOP: THE ISSUES THEY ENCOUNTER GETTING THERE, AND STAYING THERE For any of us, getting to the top of our chosen profession and staying there can be tough. For many women that journey can be especially difficult to navigate, as Karen Gately explains Overcoming prejudice and juggling the demands of family and career are among the most common reasons woman are so poorly represented in senior leadership positions across most industries. The fact is that far too many business decisions continue to be made for reasons entirely unrelated to qualifications, capability or work performance. It’s an unfortunate reality that discrimination continues to be a serious issue experienced by many working Australians. Despite the number of talented female law graduates and experienced women in the profession, barriers to their advancement continue to exist. In late 2010, the Law Society Council of NSW made identifying those barriers and developing strategies to address them the focus of its major thought leadership initiative for 2011. According to its report published in June 2013, women made up 23% of principals in large firms. The numbers are worse in mid-tier and small firms, with only 18% and 17% of senior roles held by women, respectively. 54 | APRIL 2015
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CHALLENGES FACED BY FEMALE LAWYERS While being appointed to a senior role is the first challenge, meeting the demands of the position is another. It’s a well-known reality, for example, that many mothers in the workforce face enormous pressure in meeting the demands of their roles at home while dedicating the time and focus needed to managing their careers. One firm we work with has recognised and is working to address three common challenges for female lawyers:
1
Flexible work practices
The demands of many legal roles can be unpredictable and at times intense. Being available to meet these demands can be difficult with children to raise and care for. A growing concern for Australian women in the later stages of their careers is also the need to care for aging parents while at the same time maintaining the careers they have worked hard to build. Access to flexible work hours, light duties, and part-time work are needs many women struggle to negotiate.
2
Workload demands
For many women little real benefit is gained from part-time arrangements beyond the flexibility to do some of their work at home. All too often employers continue to demand a level of contribution that can only reasonably be expected of a full-time resource. When employers are inconsiderate of the impacts of their demands, it’s not surprising that some woman opt out of leadership roles to place greater priority on their families.
3
Career transition
Managing time in and out of the workforce is a challenge many women struggle with. For those who choose to have children, going on maternity leave and returning to work can create their own complexities. When you consider that for some women this means leaving and re-entering the workforce on numerous occasions throughout their working lives, the potential impact on their ability to advance their careers becomes evident.
THE SOLUTIONS Partners, managers and individuals all have a role to play if we are to see any real improvement in the number of women in leadership roles. Critical priorities include the need for senior leaders to:
1
Create a workplace culture based on trust and respect
Unconscious bias and blatant discrimination continue to impact on far too many women in the workplace. Attitudes regarding the right of all employees to be treated with respect have the most powerful influence on the way organisations behave. A woman’s ability to build her career and
Partners, managers and individuals all have a role to play if we are to see any real improvement in the number of women in leadership roles APRIL 2015 | 55
BUSINESS STRATEGY / WOMEN IN THE WORKPLACE
Despite the number of talented female law graduates and experienced women in the profession, barriers to their advancement continue to exist reach the top, while having a family, is profoundly impacted by the culture of the organisation she is a part of. When leaders value and respect the role women play, HR policies, programs and practices are typically more balanced between the needs of the business and the individual.
2
Make gender diversity matter
3
Have an open mind and think creatively
Senior leaders need to educate themselves and their teams on how diverse teams can drive better outcomes. Often, little consideration is given to the benefits of bringing diverse groups of people together to get a job done. When diversity is valued, so too will having women in law, particularly in leadership roles. Managers need to be aware of and understand the value of flexible working, different types of arrangements, and what they can do to put them in place.
It can be undeniably challenging for some employers to provide the level of flexibility some woman need to balance their work and family life. 56 | APRIL 2015
All too often, however, employers apply blanket policies that restrict the possibility for innovative solutions to be found. For example, many continue to hold the view that professional roles require full-time focus. Closed-mindedness to the possibilities of job-share arrangements, for example, continues to be prevalent in the legal profession and certainly across other industries as well.
CREATING BETTER WORKPLACES Every woman has an important role to play in ensuring that she is able to create the career she wants. The most important first step is to have a clear vision. Knowing what we want to achieve is an essential prerequisite to making it happen. Knowing why we want to reach our goals will better enable anyone to maintain focus and invest the energy they need to. There is no magic wand that can altogether remove the pressure of being a working parent. Knowing why you are prepared to juggle and sacrifice will help you find the energy you need to keep striving. While leaders must drive the battle against discrimination across any business, every woman can also influence change. Being prepared to challenge prejudicial thinking and decisionmaking can take enormous courage but is essential. What we accept and allow to go unchallenged in life is ultimately reflected in the reality of our circumstances. Look for and choose to work for fair and open-minded people. Walk away from roles and leaders who fail to demonstrate integrity, including as that relates to discrimination. AL
Karen Gately is a leadership and peoplemanagement specialist and a founder of Ryan Gately. Karen works with leaders and HR teams to drive business results through the talent and energy of people. She is the author of The People Manager’s Toolkit: A Practical Guide to Getting the Best from People, and The Corporate Dojo: Driving Extraordinary Results Through Spirited People. For more information, visit www.karengately.com.au or contact info@ ryangately.com.au.
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