EDITOR'S OPINION Jason MacLaurin Barrister, Francis Burt Chambers, Editor, Brief Journal
Welcome to the first edition of Brief for 2017.
come back to Perth to play at the formal celebrations in June.
At the outset, Brief records its appreciation for all the fine and hard work of the previous President of the Law Society, Elizabeth Needham, and congratulates and wishes all the best to the incoming President (in the Law Society's own version of a "peaceful transition of power"), Alain Musikanth.
90th anniversaries represent a significant milestone, bearing testimony to the importance, strength and durability of the association or relationship in question. Lasting 90 years and still going strong is a considerable achievement in relation to an association. In respect to individuals it is a very rare event indeed. The traditional gifts for the rare occasion of a 90th wedding anniversary are stone or granite (or diamonds or emeralds).
By skipping January, and only really getting back into things in February, Brief follows the time-honoured practice of some sections of the legal profession. The emphasis in this regard is upon some sections. From walking around the CBD in January,1 it was evident that the diversity of the legal profession, and more importantly the wants and needs of those we serve, means that while many of us have the privilege2 of being able to arrange our affairs to enjoy a relatively relaxing start to the year, others do not. In any event, Brief hopes all members of the profession have had an opportunity to relax and recharge for 2017, pondering topics other than strict legal matters, such that a January edition of Brief would have gathered more dust than an invitation to Madonna to President Trump's Inaugural Ball. It will come as no surprise that Brief this year will have a particular focus upon the Law Society's 90th anniversary. Brief will accordingly have some Januslike features in 2017, casting an eye upon both the past and the future. Of course, the reference to Janus would have worked far better in a January edition of Brief, but there you have it. The 90th anniversary of the Law Society is a significant event that will give rise to reflections upon both the service the Law Society has performed as the voice of the profession, through changing circumstances and times, and also the development of the profession in Western Australia generally. It is fortunate that this is an anniversary, as opposed to an inauguration. As such, there is still at least a shot at having Bruce Springsteen and the E Street Band 04 | BRIEF FEBRUARY 2017
Research3 revealed that a recommended modern gift for a 90th wedding anniversary is "engraved granite or stone". Given the likely age of the recipient, and having regard to a common use for granite or stone with names, words and dates upon it, this seems to be less of a commemorative gift idea, and more of a cruel macabre joke, or a quite insensitive and impolite suggestion. Brief trusts that the historical references and nostalgia that will be part of this year's celebrations of the Law Society will be of interest to readers. Certainly, a trip down memory lane, back to the year 1927, reveals both differences, and similarities, with modern times. A glance at the first edition of The Daily News for 1927 turns up a prominent article headlined "New Year 'Drunks'" reporting, at parts in a quaint way, upon the Police Court List for New Year's Day. The reporting was somewhat flamboyant however in the case of a Mr Reid, charged over a 'disturbance' at a dance at the Maylands Town Hall caused by fighting. The report described the alleged aggressor, Reid, as "a flashily attired youth wearing an abbreviated coat and baggy trousers". Far from suggesting that Perth was behind the times or old-fashioned in 1927, Mr Reid's attire, as described, shows remarkable foresight in predicting the exact fashion statement that rocketed M C Hammer to astronomic success in the 1990's. And, in the Bench's rejection of Reid's
account of how he purportedly sustained injuries from the other dance-goer, commenting that this would have required that dance-goer to have "been a contortionist", the Bench accurately predicted and described M C Hammer's back-up singers (if there is any doubt about these propositions, please see the video to M C Hammer's "U Can't Touch This" (1990) on YouTube). The year 1927 is also significant in that, before 1927, Western Australia had exactly this number of university law schools: zero [insert your own cruel antilawyer joke here]. The Law Society and the University of Western Australia's Law School thus share a common anniversary. UWA had in fact commenced, in Irwin Street, in 1913 but only had three faculties – Engineering, Science and the Arts – which were seen as the most important subjects to offer given WA's main industries at the time, being agricultural, mining and pastoral. 4 It is interesting that Arts was one of the original faculties, given the present number of law schools in Australia, and that the saying "a law degree is the new arts degree" is nowadays customarily employed as a term of abuse. The articles in this month's Brief reflects the diversity of topics and contributors that will hopefully continue throughout the year. The cover feature article by Dr John Hockley is upon an important High Court case and topic for the profession generally. Brief thanks all the contributors to this edition, and in particular notes with thanks the contribution by a former Supreme Court Justice, and present Corruption and Crime Commissioner, the Hon John McKechnie QC for his case notes and observations upon Joint Criminal Enterprise. NOTES 1.
Admittedly, in early January, in "smart summer-casual" (upon which reasonable minds can differ).
2.
Don't forget to check that at the door.
3.
Albeit internet research, fraught by having to navigate through Russian hacking-inspired "fake news".
4.
R E Davis, "A Concise History of Western Australia", Woodslane Press (2012), at p 197.