0707_PDF_ISSUE_LSSA_Bulletin

Towards Managing Mental Wellness in the Legal Profession

July 2007 VOL. 29. NO.06

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JULY 2007 Volume 29 Number 06

“Towards Managing Mental Wellness in the Legal Profession”

July 2007 VOL. 29. NO.06

Your Place or Mine: PLT Placement Update: Part 2

r

by Rachel Spencer

14 www.lawsocietysa.asn.a

Cover Image - SXC

Cover: Addressing Mental Health in the Legal Profession ................19

Columns:

CONTENTS

President’s Message.................................................................................... 4

Features:

Opinion........................................................................................................................... 6

Your Place or Mine?: PLT Placement Update - Part 2 ......................................... 14 Towards Managing Mental

Risk Watch .......................................................................................................... 12 Murray Information Resource Centre..................... 31

Wellness in The Legal Profession. ................................. 19

On the Road ...................................................................................................... 33

Legal News:

Judgments ............................................................................................................ 36

Law Foundation of SA: Torts Law Conference ....................................................................... 10 Law Foundation of SA: Law & Justice Essay Prize 2007 - Part 2. ..................................... 28

Gazing in the Gazette........................................................................ 34

Towards Managing Mental Wellness in the Legal Profession

by Associate Professor Dr Mamta Gautam

Moving On, Moving Up .................................................................. 37 Conference Listing ................................................................................. 38 Diary Dates ........................................................................................................ 39 Classifieds ............................................................................................................. 40

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From the Editor - July 2007

T

H E R E C E N T Commonwealth solutions hurriedly initiated by the Prime Minister in the wake of the Little Children Are Sacred report, although finally a response, are highly problematic. Violence and trauma have impacted for too long upon Indigenous communities, as reported on June 11, 2003 when Mick Dodson, then professor at th e Au strali an National University's Institute for Indigenous Australia, delivered a seminal speech at the National Press Club.

A s D o d s o n s a i d b a ck i n 2003,"there are various theories about why violence has reached this crisis point. We must find ways of moving beyond the silence. We must find ways of moving beyond the shame and the numbed acceptance. Many of

Some may be concerned that the Government’s rediscovery of Indigenous Affairs is more motivated by the polls than the real challenges facing the Indigenous communities. While we know the Prime Minister has his eye on re-election he must also have the children's interests at heart. No solutions though will be found with a ‘boots and all’ interventionist approach that avoids involving the communities securing outcomes for themselves, or rolls back State rights and hard fought for Land Report after report has been Rights legislation. tabled concerning the need for increased empowerment and For as Mick Dodson said back in consultation. The 1999 Memmott report documented in detail the 2003, "This is not just our same abuses still sadly present in problem, it is everyone's problem.”

2007, so why may we well ask is the Government suddenly NICK RAMAGE declaring a ‘national emergency’? bulletin@lawsocietysa.asn.au us are trying, but many are not trying hard enough. I propose that the Aboriginal leadership, men and women, call on the Australian Government to work with us, to acknowledge the centrality of violence-induced trauma and its debilitating effects and to combat family violence as a national priority. Recent research by Paul Memmott and others for the Federal Attorney-General 's Department concludes that the rates of violence are increasing and the types of violence are getting worse …”

Law Foundation of SA: Law & Justice Essay Prize 2007 - Part 2.

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July 2007

Margaret Kelly

President’s Message

South Australia’s proud pro bono culture R

ecently I was able to speak with one of our many new lawyers undertaking pro bono work.

Josh Simons from Minter Ellison is one of four young leaders coordinating the Housing Legal Clinics at various social welfare centres around Adelaide. Four firms each have responsibility to staff a legal clinic in one centre. Minters’ link is with

At least two lawyers attend each clinic; sometimes as many as five lawyers are present. There is an effort to maintain consistency so that people are assigned the same lawyer if they have a follow up visit. Appointments are arranged by the staff of the Centre, although very often people just show-up on the day.

Those assisting with organising help with induction courses for lawyers who are new to the work

“I am very proud to be the President of a professional association whose Members do so much good work in the community in which they live.” the Magdalene Centre run by Anglicare. John Murray from Thomson’s coordinates the work at the Byron Place Community Centre, Nick Linke from Fisher Jeffries leads the team at Catherine House and John Kain heads up the team from Kain C+C that w ork s at th e Hutt Street Centre.

The State Government has provided some funding to pay for coordination of the clinics based in the Welfare Rights Centre. But mainly young lawyers staff the respective clinics for a two-hour session one day per week on a completely voluntary basis.

They do so with the complete support of their respective firms.

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a culture shock for young people from a stable family environment.

The induction process assists with that.

For the clients this is often the first contact they have had with a lawyer. They ask for help but often don’t expect to get it and are often in ordinately pleased and grateful for the smallest result. The secret to success seems to be working with the particular Centre so that the lawyers are not seen as outsiders.

In the next stage of the project they hope to lobby for reform to electoral laws to allow homeless people to register to vote but not be penalised if they don’t make it to a polling station on election day.

and provide assistance with difficult matters and debriefing.

I congratulate everyone involved in this very worthwhile project.

The practitioners involved in the clinics are very enthusiastic and eager to help and there are also major benefits for the firms involved. This is an ideal form of professional development. It introduces new lawyers to different fields of law from that in which they commonly practise.

Sometimes they have the sole and direct responsibility for a client for the first time. They are able to assist with tasks such as advocacy with Government Agencies, correspondence to sort out legal problems and occasionally some counsel work. This boosts confidence and makes for a happy workforce. It can be something of

Our pro bono efforts are not confined to assisting homeless people. Practitioners of all ages and types of practice have been diligently pursuing pro bono and low fee work - everything from assisting sporting clubs with legal issues to chairing the boards of non-profit organisations and charities. This was brought home to me when looking at the nominations for the Law Society’s Justice Award.

Pau l B o y l a n w a s a m o st deserving winner. Perhaps his most significant contribution has been in his work with the refugees who were held at Woomera. Paul was

July 2007

instrumental in the establishment of the Woomera Lawyers’ Group, thereby enabling refugees to have access to legal representation. He and his staff, and at times his family, gave many hours of their time in providing legal assistance and social support to this disadvantaged group. Paul was a strong advocate for the government to honour its obligations under the various human rights conventions. His work in the establishment and continued operation of the Westside Community Lawyers in Port Pirie has been invaluable to people who could not otherwise afford legal representation.

“The secret to success seems to be working with the particular Centre so that the lawyers are not seen as outsiders.”

I am very proud to be the President of a professional association whose Members do so much good work in the community in which they live. I only wish it was more widely known and recognised.

President’s Activities 12 May 2007– 11 Jun 2007

I

n addition, the President attended the funeral of the Hon John Perry AO QC on 12 May; attended a meeting of the Professional Standards Committee on 15 May; spoke to a reporter from the ABC in relation to media comments by the DPP and the CEO of the Attorney-General’s Department on 16 May ; a tt e n d e d a Wo r k C o v e r b re a kfa st , a n d w it h t h e P re si d ent of th e S A B a r Association, hosted the Silks’ Dinner on 17 May; spoke to a reporter from ABC Radio in relation to the appointment of the Auditor-General , and chaired a meeting of the

Council on 21 May; attended a meeting of the Public Sector Lawyers’ Committee on 24 May; attended a meeting of the GDLP Education Committee on 25 May; chaired a meeting of the Executive on 28 May; spoke on Radio Adelaide in relation to the SA government’s proposal to stop ‘Hicks and von Einem’ from profiting, met with the Hon R Lawson MLC in relation to the draft Legal Profession Bill 2006 (SA) and attended the preconference dinner for guests of the “Who is my Neighbour” Conference on 30 May; opened the “Who is my Neighbour” Conference, attended Conference sessions and the

Dinner on 31 May. J Goldberg represented the Society at the Dinner of the Consultative Council of Australian Law Reporting on 31 May. G Feary attended the Conference of the CCALR on 1 June. The President attended the funeral of David Alcock, a member of the Law Society, and met with the Executive Director and the Chair of the Justice Access Committee in relation to the 2007 Justice Award on 1 June; attended the funeral of Mrs Regina Allan, wife of former Judge Peter Allan on 4 June. M Abb ott Q C sp o ke to th e Australian on behalf of the Society on 4 June in relation to

the Premier’s comments re bikies; and spoke to ABC TV on 5 June. The President attended a meeting of the Accident Compensation Committee on 5 June; attended a meeting of the JRAC, and spoke to The Messenger in relation to the Premier’s proposal to consider the extension of anti-terrorist legislation to bikies, and attended a meeting of the Women Lawyers’ Committee and its dinner to mark Charlotte Kelly’s appointment to the bench, on 7 June; spoke to a reporter from ABC T V in relation to the DPP’s comments in relation to bikies, (not on air) on 11 June 2007.

July 2007

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Opinion

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top the presses. “Press Freedom Under Threat”.

Read all about it. For a good read about Australia’s media a n d , i n p a r t i c u l a r, i t s newspapers, I recommend a n e w b o o k D eath , S ex & Money : Life inside a N e w s p a p e r ( Me l b o u r n e University Press, 2007). Its author, Michael Young, a former pictorial editor of the Sydney Morning Herald and The Times, of London, writes: “While many of the world’s countries can measure the threat to their media by the murder and intimidation of its journalists and politicians, Australia experiences political stability and a regard of democracy that is the envy of much of the world. Australia is a society that would not tolerate politically motivated terror on its own shores. But there is a very real threat to the media in this country nonetheless. …The real threat is the lack of plurality and the concentration of media outlets under the ownership of large groups such as News Limited and Fairfax.”

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While the concentration of media ownership is a scourge on the democratic process ( for its latest e x a m p l e s s e e t h e s a l e of Adelaide’s Channel 9 and the Fairfax takeover of Rural Press), there is another threat to press freedom and the media’s proper role in our society – Australia’s laws and their interpretation.i wwww.lawsocietysa.asn.au

By David Crocker

The Australian Press Council rightly criticised the High Court’s decision in September 2006 to dismiss Mr Michael McKinnon’s appeal against a refusal by the Federal Treasurer to grant access to information relating to the first home buyer’s scheme and bracket c r e e p . T h e P r e s s C o u n c i l w a s amicus curiae before the High Court and it argued for better access under freedom of information. The Press Council said after the High Court’s decision: “In finding that the tribunal did not err, the Court has failed to give adequate weight to the aims of the FoI Act, to “extend as far as possible the right of the Australian community to access to information in the possession of the Government of the Commonwealth”. This aim should have been applied by the Court to correct the aberration whereby the courts will not interfere with a decision to issue a Conclusive Certificate unless that decision is completely absurd.”

In fact, if you can believe what you read, things are so bad in Australia that in May 2007 News Limited, Fairfax Media, the ABC, Free TV Australia, Commercial Radio Australia and SBS formed a kind of “Coalition of the Willing” to go to war to stop further erosions of press freedoms in Australia.

At the time, Mr David Kirk, CEO of Fairfax Media, said:

c ore of th eir profe ssional responsibility, ethics and values,” Mr Kirk said. “…this legislation places all journalists in Australia on th e front lin e s of l aw enforcement efforts in the war on terror. This is an impossible position for us, and may lead needlessly - to demands by the authorities to identify sources and turn over notes and documents received in confidence from their sources.”

“Australia, by all international benchmarks, ii is becoming less free in terms of our media. There is an increasing resort to suppression orders. We have new laws on sedition. We do not have a shield law to protect journalists from reckless prosecution by governments over our sources when wrongdoing is exposed. …

We cannot have a vigorous and rigorous democracy unless we have a vigorous and robustly free press…. (we) …intend to open a front in Canberra to advance our common cause on these issues.”

It is now an offence, punishable by up to two years’ gaol, for any person to disclose that the AFP gave them a notice to produce documents or information. “We can’t even publish that the Government wants our notes,” said Mr Kirk. “ This law also makes it a criminal of fence, punishable by five years imprisonment, to report that a preventative detention order has been made in relation to a detainee or any information conveyed by the detained person during that contact.”

Mr Kirk, by way of example, cited the Government’s anti-terrorism laws as an example of a recent erosion of press freedoms. While stating that Fairfax Media supports the war on terrorism, “we also need to protect the fundamental values that the terrorists want to destroy”. “[J]ournalists have now been put at direct risk of detention under this legislation - simply for doing their jobs,” Mr Kirk said.

How might these new laws impact on the presentation of news in our local media? As we all know, David Hicks is to be detained in Yatala until the New Year. While it will be interesting to see what impact the USimposed media gag has on the reporting of his release, it also will be interesting to see if Australia’s new anti-terrorism laws have any impact on the coverage of comments made by Mr Hicks (if any) about his capture and detention by the US authorities.

The new laws empower an Australian Federal Police officer, without a warrant, but based on suspicion that a person may be able to assist an investigation of a terrorist offence, to require any person to produce documents.

“By affording journalists no protection against requests for information that will go to the

See, too: John Fairfax Publications Pty Ltd v Gacic [2007] HCA 28 (14 June 2007) a High Court judgment that upheld a NSW Court of Appeal decision to overturn a jury’s verdict in a defamation case. ii See, for example the 5th annual Reporters Without Borders Worldwide Press Freedom Index lists Australia as 35th in the world.

See its website www.rsf.org. i

2007 Legal Services Commission Conference.

‘Out with the Old, in with the New – Keeping the House in Order’

by Gabrielle Canny, Legal Services Commission

L

ate in the afternoon of Friday 25th May 2007, Legal Services staff and commissioners, guest speakers, and private practitioners started gathering at Whalers by the Bluff at Victor Harbor, to take part in the 2007 Legal Services Commission Conference.

The evening started with a Wine and Cheese tasting, supported by Scarpantoni, and Coriole Wines, with assistance from Whalers by the Bluff. After dinner a ‘Karaoke’ competition that night provided much entertainment and revealed otherwise hidden talents!

The official proceedings began on Saturday morning, with a welcome to all by Director, Hamish Gilmore, which was followed by a Welcome to Country by local Ngarrindjeri guests, L auri e A giu s and Archi e Kartinyeri. Chair, Deej Eszenyi,

introduced the first guest speaker, Michael Atkinson, AttorneyGeneral, whose topic was “A Vision for South Australia”.

The Keynote speaker, Richard N e v i l l e , “Au st ra li a’s m o st controversial futurist”, spoke to the theme “Keeping the House in Order”. Richard’s vision for the future was entertaining and thought provoking. Tales from the past (including anecdotes from Richard’s time with Oz Magazine) also amused the audience.

Sessions for the rest of the morning and into the early afternoon consisted of a choice of specialist workshops, allowing delegates to attend talks on v a r i o u s a sp e c t s of t h e i r professional area of expertise or interest – Experts in the House; Disclosure Legislation; Who is in the House?; Communicating with Children; Communicating with the Media; and Work/Life Balance.

2007 participants at LSC Conference Dinner Experts in the House dealt with family law matters, with speakers The Honourable Justice Burr, Family Court of Australia; Libby Scholz, Manager, Family Dispute Resolution Unit, LSC; and Darian Shephard-Bayly, Senior Case Worker from Anglicare SA. Topics discussed were the new Division 12A trials introduced into the

Family Court, which are designed to reduce conflict between the parties by following an inquisitorial method rather than the traditional adversarial method; the role of the LSC’s Family Dispute Resolution Unit was explained; and Anglicare SA’s new ‘Kids are First’ Parenting Orders Program, developed to Continued over page...

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2007 Legal Services Commission Conference.

‘Out with the Old, in with the New – Keeping the House in Order’ Continued from previous page...

as an organisation approached for comment on administrative or controversial matters.

In the afternoon the 100 or so participants gathered for the Great Debate, chaired by Alex Ward. The topic was “Is the House in Order?”. The affirmative panel was represented by Judge Gordon Barrett, District Court; Elizabeth Bolton, Chief Magistrate and Colin James, L egal Af f a i r s E di t o r, T h e Advertiser. Their opposition was Claire O’Connor, Barrister; Debra Tribe, ABC Radio; and Anthony Durkin, Barrister. Each of the panel members brought their own unique interpretation to the subject and much hilarity later, the audience, by loud acclaim, awarded a win to the negative side.

Sunday May 27th marked the 40th Anniversary of the historic 1967 Federal Referendum which saw Australian vote to acknowledge In di gen o u s Au strali a n s a s citizens. The occasion was commemorated by the final session of the Conference.

L auri e A giu s and Archi e Kartinyeri joined us again, and spoke of their relationship with the local area of Victor Harbor and the Coorong, their personal memories of growing up in the area, and their endeavours to educate non-Aboriginal people about their culture and way of life.

Professor Larisa Behrendt then introduced and played a DVD “The 1967 Referendum : 40 Years On” which gave a history of the events that lead to the referendum and the changes that then followed. This was followed by another DVD titled “Why me?” which told the story of five South Australian indigenous people who are members of the “stolen generation” . Their histories were very moving and gave the audience a very personal look at the system that existed not that far in the past.

The Conference dinner took place after delegates had had a chance to rest and/or recharge their batteries. Whalers by the Bluff served up a great meal, helped along by liberal doses of liquid refreshments and after dinner

The Conference closed with Deej giving an insightful summing up of the speakers and Hamish thanking everyone, before heading back to the rigours of the next working week.

“Work Life Balance” was a general wellbeing workshop, presented by Helen Elizabeth. The session gave suggestions on how to gain more balance and fulfilment in life by focussing on solutions to problems and taking actions towards the life you wish to create. She demonstrated how to practice self-care to enable you to take risks, expand your comfort zone, and move forward.

LR: Jenny Arezina and Annabel Kelly help people to help themselves through the turmoil of separation and the aftermath, was introduced.

Disclosure Legislation discussed the proposed introduction of new legislation in SA that more closely regulates the disclosure of information and facts by both prosecution and defence in criminal matters. Speakers were Chris Kourakis QC, Solicitor-General for SA; Paul Muscat, Manager Criminal Law Program, LSC; Grant Algie, Barrister and Elizabeth Bolton, Chief Magistrate.

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Speakers for the Who is in the Ho u s e ? s e ssi o n w e re J o y Wundersitz, formerly of the Office of Crime Statistics, and Karen Grogan, South Australian Council of Social Services. Joy demonstrated the ease with which politicians and the media can manipulate crime statistics to suit their own ends, and urged caution when interpreting crime statistics. Karen’s presentation dealt mainly with the problems community services face as they struggle to keep up with the demands of assisting people with multiple problems, as there is not wwww.lawsocietysa.asn.au

enough early intervention to prevent problems from escalating.

Michael O’Connell, Commissioner for Victims; and Rob Croser, Senior Solicitor, Youth Court, LSC, spoke on the topic “Communicating with Children”, giving examples of the procedures they use in their dealings with child victims and those in need of care. Current systems provided by the Government and courts were commented on and discussed.

The speakers for the “Communicating with the Media” session, Sylvia Kriven, Courts Administration Authority; and Colin James, The Advertiser, explained the way that the mass media operate, and gave hints and tips on how to approach and deal with the media, both as a lawyer representing a client and

e n t e r t a i n m e n t g e n e r o u s ly provided by Alex Ward.

“The Conference dinner took place after delegates had had a chance to rest and/or recharge their batteries.”

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LSSA Conference Report: 2007 Tort Law Conference: “Who is thy neighbour?”

T

he Law Society of South Australia celebrated the 75th anniversary of the d e ci sion of M’Ali st er or Donoghue (Pauper) v Stevenson [1932] AC 562 (HL) w ith th e 2007 Tor t L aw C onferen c e “ W ho i s my Neighbour?” Law Society President Margaret Kelly opened the conference and introduced the Honourable Chief Justice John Doyle AC, who in his opening remarks placed the decision in historical perspective.

The Honourable Sir Anthony Mason AC KBE, former Chief Justice of the High Court of Australia delivered the keynote address, observing the facts of the case and discussing the general principle approach and the incremental approach as the two competing interpretations for a duty owed to the plaintiff. Sir Anthony noted that at the time, the neighbour principle was wide generalisation about the law of tort compared to the more recent conservative view towards duty and breach. He recognised that community values and standards may change from time to time especially as to what is “reasonable”.

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The principle expressed by Lord Atkin in Donoghue v Stevenson was much wider than was necessary to decide the case. The elements of foreseeability and proximity went beyond the former test of holding up the

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relationship claimed against accepted categories where duties were owed to see if it were sufficiently analogous to found a duty of care. Sir Anthony noted that there is still no settled methodology for a test as to whether a duty exists. Lord Atkin’s neighbour principle was clearly intended to be a “valuable practical guide” to be used by the courts, but its imprecision was problematical. The snail, Sir Anthony noted, would not be playing as large a part in the future of the law of negligence.

Michael Manetta provided an over v i e w of th e case, th e contemporary jurisprudence from which Donoghue v Stevenson raised its revolutionary head, and a tour of the medieval law from which modern negligence developed. Alex Ward, with his usual wit and style, took us train surfing through the Civil Liability Act and Tort Law Reform with J e s u s a n d a p e s k y l a w y e r, discussing significant legislative changes. The Good Samaritan was unharmed, and the common law was not seriously injured.

At a time when the new Rules are still new, Jo-Anne Deuter’s exposition of the Supreme and District Court Rules 2006 as they apply to negligence practise was timely, valuable and welcome.

Martin Frayne carefully dissected contributory negligence and its place within the Civil Liability Act using vehicle accident cases as

illustrations, and those involving use of seat belts in particular.

S outh Australi a’s S o licitor General, Christopher Kourakis QC, spoke on vicarious liability.

He said that the increasing numbers of independent contractors are quite likely to carry insurance as a normal business practice, while the unskilled workers are likely to be found to be employees and indemnified by their employers, but liability for the criminal acts of employees was more difficult to justify. The Solicitor General expressed the view that while the notion of non-delegable duties of care was under sustained attack, those involving hospitals and schools well enough settled.

Fo l l o w i n g c o c k t a i l s , t h e Honourable Justice Duggan AM spoke at the conference dinner.

The speech was a light-hearted address, and recounted His Honour’s experience as the Executor of the late Dr Tom Kelly’s estate. Dr Kelly was an eminent surgeon who came to the law later in life, and practised from his house at Prospect, seeing patients in one room, and clients in another. One of His Honours duties as Executor of the estate was to decide whether or not to geld one of the racehorses forming part of the estate.

The second day opened with Stephen Walsh QC addressing the conference on what a common sense approach to causation has

by Scott Mesecke

to offer the law of negligence when the “but for” test is insufficient, especially in the face of multiple causes and i n t e r v e n i n g a c t s . To n y Possingham’s paper discussed the availability of claims based on breach of statutory duty where a claim in negligence may not succeed, provided that the statute gives rise to civil liability for its breach. Tony dealt particularly with employer/occupier situations, and with hire labour.

David Riggall’s topic was Pure Economic Loss in negligence. In a comprehensive paper he discussed the relatively recent birth of the liability in 1964, Hedley Byrne v Heller and su b s e q u e n t c a s e s , a n d t h e pro b l e m of i n d e t e r mi n at e liability. John Goldberg spoke on product liability and the major role played by the Trade Practices

Tort Law Conference 2007 Michael Manetta

Conference Sponsors TRACsa; L-R: Liz Furler, Executive Director; Clara Pham, Program Manager, Best Practice; Dan Tyson, Snr Program Manager, Research and Information Act. He discussed the nature of defects, and gave an analysis of the factors involved in the litigation of the cause of action, as well as risk management.

Geoff Britton gave an introduction to the liability of Public Authorities, referring to Graham Barclay Oysters, and using X v State of SA as a case study. Careful consideration should be given to the powers and functions of the authority when assessing whether a duty arises,

and what the scope of the duty might be. Claire O’Connor completed the conference with an excellent presentation on Psychiatric evidence in the Court.

Claire dealt with all aspects of the use of psychiatric evidence in trial matters.

The conference sponsor for the keynote address was TRACsa: Trauma and Injury Recovery.

TRACsa was established by the SA Government in 2005 to improve health and social

L-R; The Hon. Chief Justice John Doyle; Margaret Kelly, LSSA President and Sir Anthony Mason - Tort Law Conference 2007 outcomes for people injured on our roads and in the workplace.

As an independent organization working closely with both the Motor Accident Commission and WorkCover SA, they work to ensure a consistent approach to injury recovery across both compensation sectors, where appropriate. TRACsa’s work will assist legal providers working in the compensation field by offering information, resources and advice to assist our clients to make informed choices about the

care most likely to lead to optimal recovery and how to access to those services.

The Law Society thanks all speakers for their contribution and the Sponsors TRACsa for their support in making this conference a success. Thanks also go to Paula Mulvany (CPD Coordinator) and Katie Magarey (CPD Officer), whose efforts in organisation and preparation ensured the smooth running and success of the conference.

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Risk Watch Riskwatch is prepared by Law Claims to assist practitioners in identifying risky areas in practice and to highlight risk prevention strategies to allow for safer, more enjoyable practice. Riskwatch appears as a monthly column in the Law Society Bulletin as well as being distributed on a monthly basis to members of the Law Society’s Professional Indemnity Scheme who do not receive the Law Society Bulletin.

Have you seen a near miss with settlement drafting? Have you used a helpful method to explain a settlement term to a client or had particular success in helping them give wise instructions? Any other tips? Law Claims would be very interested to hear any settlement war stories that could be published in future editions of Risk Watch. Email our new Risk Manager, Tracey Nelson, at tnelson@lawguard.com.au

“MY CLIENTS DON’T COMPLAIN TO ME SO THEY MUST BE HAPPY” P

oor communication b etwe en cli ent and lawyer (not privileged communication but interpersonal communication) continues to be recognized as a factor underpinning much of the litigation against lawyers.

A recent article in Lawyers Weekly, based on New South Wales and Victorian statistics revealed that communication related errors are the main cause of cl aims brou g ht against lawyers.1 Regardless of the area of law or the facts of the case, close inspection of Law Claims files reveals a similar pattern. The key reason why communication is such a common theme is that it is int eg ral to al l a sp e ct s of legal practice.

“I don’t think everyone is born a good listener and to be a good lawyer you have to be able to take good instructions – that’s an essential skill. Lawyers need to ask the right questions, actively listen to the answers and explain complex things clearly. It’s a critical part of what we do as lawyers, but not everyone does it well all of the time.”2

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The “communication message” is a universal feature of all risk reduction activities and one which Law Claims strives to promote in all of our risk management sessions.

Mastering and maintaining good wwww.lawsocietysa.asn.au

communication with clients should be addressed on a number of levels and is more difficult to achieve than one would think.

Poor communication is endemic to the human condition, by no means unique to the solicitor/client relationship. All forms of human interaction require effort, and keeping these interactions positive requires even greater effort. A question frequently asked by practitioners i s “ w hat c onstitut e s go o d communication and how do I know whether I am achieving this with my clients”? The short answer is “it is likely you won’t know until you are told and it is best to be informed by clients in a purp o seful and c ontro l l ed manner instead of by way of correspondence foreshadowing litigation”.

Good Communication So that you can satisfy yourself that communication within your firm promotes excellence in client service it is important to consider the following:

The Practicalities • Does the firm have written processes and systems in place?

• If not, why not? – (If you are the principal ask yourself this question, if you are an employed solicitor, ask your principal)!

• Immediate attention needs to be given to developing processes necessary for the safe and seamless running of the firm.

• If processes or systems are in place, are they designed to reinforce positive client communication?

• Do all members of staff (legal and non-legal alike) understand and promote these processes?

• Have all members of the firm received training in how to deliver excellence in customer service?

Consider these questions and act on them where necessary In addition to developing good processes and systems, your firm must also support a culture of good communication.

1

Lawyers Weekly Issue 331, Friday 30 March 2007, page 1

2

Ibid at page 6

The Culture • Having that perfunctory chat with the client before launching in to a discussion about a complex legal issue will not satisfy the requirement for clear communication, nor will it necessarily satisfy the client that you are meeting their needs.

• The practitioner should be skilled at making an assessment of what each client is seeking.

Clients will inevitably measure your skills as a practitioner by your skills as a communicator

and facilitator. If you are a poor communicator and the legal matter becomes derailed, there is a risk that the client will see this as a direct reflection on your legal skills, whether or not it was your fault.

• It is not uncommon to hear both health and legal professionals bemoan the constant requests from their insurance carriers to “become better communicators”. Whilst the message may seem old, clients continue to have increasing expectations of the type of service they want to receive from medical and legal professionals. It is likely that their expectations will not diminish, particularly if they have had exposure to professionals who have incorporated the “communication message” into their work culture.

One practitioner described her efforts at improving the communication culture within her firm as “trying to plug holes in a sinking ship”. Whenever she thought she had worked it out, other problems arose. It is the responsibility of all members of the team to promote good communication, not only with clients, but also between all members of the firm. Staff should be familiar with and understand how to d eliver exceptional customer service. If this is held as a constant within the firm, for the

most part, there should be no need to continually “plug holes”.

Particular attention must be paid to educating staff on what it means to be a good communicator and how to deliver exceptional customer service. If these goals are achieved most problems should resolve fairly quickly.

How do I know whether my firm is delivering?

The best way to assess the efficacy of your customer service based initiatives is to ask the client!

“Clients want and need to be kept informed. Studies by the American Bar Association and numerous state bars have consistently shown that most disgruntled clients are not upset about the quality of legal services rendered by their attorneys.

Rather clients are angered by the attorney’s lack of simple communication etiquette”.3 The Client Satisfaction Survey As suggested previously, if you want to know whether your firm is delivering on good communication and customer

“Self evident or not, poor communication continues to represent a significant proportion of claims costs which could well be avoided.” service, ask your clients. One method of obtaining information directly from clients is to incorporate Client Satisfaction Surveys into your risk management strategy.

Client Satisfaction Surveys: • Demonstrate to your clients that you value their opinions • Allows you to troubleshoot – if clients express dissatisfaction with any aspect of your service you can address this before things escalate • Provide valuable information for ongoing quality improvement within the firm, both of processes and staff • Are an excellent marketing tool Surveys can be administered during the life of the matter or

once the file is closed. The method of survey will depend upon the size and nature of the practice. Methods include written surveys, telephone or face to face interview. Of these, written instruments are possibly less threatening for clients and certainly less time consuming for the firm. If clients are informed at the outset that you value their feedback and will seek it at a nominated time during the life of the matter, it should not be seen as threatening when the time comes. Aside from improving the quality of the service you deliver, surveys also create an opportunity for the client to discuss their concerns with you directly rather than taking formal action. This strategy will not change the course for those

clients who have sustained a loss, or who cannot be swayed, but it may alter the perception of those clients who complain to external bodies or litigate for want of any other option.

Encouraging practitioners to examine the way they interact with clients may seem like reminding them to breathe – self evident!! Self evident or not, poor communication continues to represent a significant proportion of claims costs which could well be avoided . Despite the encouragement and reminders it would seem that some practitioners are forgetting to breathe!

3

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Your Place or Mine?

Part 2

Evaluating the perspectives of the Practical Legal Training work experience Placement through the eyes of the supervisors and the students.

by Rachel Spencer, Director of Practical Legal Training, Flinders University

Rachel Spencer, Director of Practical Legal Training at Flinders University, examines the current state of PLT work experience and the calls for reviews to this work-placement process. This is an edited version of a paper presented by the author at the National Association of Field Experience Administrators Annual Conference held at Flinders University and Tabor Adelaide on 16 and 17 November, 2006.

The Role of the Supervisor: Teacher or Overseer?

W

hat is the role of the supervisor? Is it acceptable that the supervisor is there only in case of emergency and to ‘sign off ’ at the end? Should it be essential that the supervisor really observes the student? It would be naïve indeed to suggest that supervisors should abandon their feeearning time in favour of devoting many hours a day to a newcomer who is not yet generating any fees at all (or very few).

I pose two questions: 1. If the competency standards insist that students be immersed in legal practice amongst practitioners who have no teaching qualifications and no educational training at all, are we in effect just perpetuating bad habits? We all know that great lawyers do not necessarily make great teachers.

2. If the admission authorities insist on students completing a Placement as part of their training, have they asked the supervisors what they think about this?

14

Advice to supervisors The students themselves have offered suggestions to supervisors.

This is a sample: Be patient.

Have areas and priorities established in advance and have wwww.lawsocietysa.asn.au

someone available to support the person on Placement on a day to day basis (admin staff if no solicitors available).

Spend some time with the students – give feedback. Be aware of feelings of inadequacy – it can be intimidating when doing some work on a matter and not knowing that it is useful.

A good, thorough induction – no more than about 1 hour going through the firm’ protocols and machinery would really help for orientation. Feedback wherever possible and fewer big tasks is better than lots of little things if you’ve already done the little thing before. Filling in time sheets is a good idea.

It would be beneficial to receive a copy of the firm’s office policy/procedure manual on the first day, so as to ensure we don’t feel unsure of ourselves regarding admin processes. Feedback should be given on work done, to ensure improvement.

Be approachable. Understand that we don’t know much in relation to many tasks that we have to do so you have to provide adequate guidance and spend time with the student to teach them properly.

Remember that some students have conflicting responsibilities and work commitments.

I recommend that the firm should make sure the practitioner is really willing to teach the student.

If the practitioner takes the time to teach a student but is really ignoring the student, it is a disaster. The student will feel lost.

Supervisors should remember what it was like to be a junior and take just a little time to show you your mistakes and how things could be done better.

Involve students in your work as much as possible. Don’t limit their contact with your work to the required tasks. Explain how you go about doing your job to them, so they can see where their tasks fit.

Have specific tasks set aside prior to Placement, so if you are busy and can’t think of anything, there are tasks you can just give the student to complete. Also, continual reassurance makes the students feel as if they can ask questions and that we are doing the right thing. Remember to take them to as many court proceedings as possible and to interviews with clients or negotiations with opposing counsel.

Students need adequate feedback.

Sit down with student for at least an hour a week to discuss any issues. My supervisor was very approachable and made time to sit down and speak with me. This was very positive for me.

Develop a formal structure for Placements. Ensure that students are doing the work required. Give the handbook to the supervisor, so that the supervisor can give the student the required tasks. The supervisor should be required to ensure that tasks are completed.

Take a greater interest in the student, they are not there to serve you, they are there to learn from you!!!

Stress to supervisors the importance of the Placements and remind them that we are there to learn not to provide them with FREE labour!!!

It is a good idea to “buddy” the student with a recently admitted solicitor as I found they are probably more in tune with where you are at. E.g. they know instinctively many of the questions you have and are very keen to put you at ease (that was my experience). They are close enough to the uni days to know what you don’t know which is good.

Engage the students in real tasks i.e. use their work other than their research, like their draft letter, affidavit etc. It may mean more supervision but the students learn more and also find it more fulfilling. Expose students to the various precedents, court procedures, and allow them to be your “shadow” the few weeks they are there.

Perhaps to make sure they don’t get bogged down with too much file work from different partners!

This was one problem I experienced; that different people gave me different tasks to do for them, with no indication of their urgency and no apparent communication between them!

The Supervisor’s Perspective Senior practitioners who supervise Placement students are aware that the student is there to learn. But what exactly is the student going to learn, and how?

Sup er v i sors w ith th e b est intentions might observe after six weeks that the time has just flown and they are very sorry that they didn’t spend more time with the student. This is indicative of the quandary in which many lawyers find themselves. As members of a profession, all lawyers have a duty to assist new practitioners. They are ethically bound to assist in the education of the new generation. Just opening their doors and allowing a student to sit at one of their desks for six weeks is not enough.

“Supervisors must take an active role in ensuring that the Placement student is learning through the experience.”

Supervisors must take an active ro l e in ensu rin g that th e Placement student is learning through the experience.

One attitude which the observer might take to this discussion is that the student needs to learn that this is what practice is actually like and in reality there is no time for discussion. The work needs to be done, the calls must be returned and the bills must be sent out. Indeed, when I first started in my position as Director of Practical Legal Training at Flinders University, having come from a commercial legal background, I was keen for students to understand that working in legal practice is a p re ssu r i s e d s i tu a t i o n . My philosophy behind my teaching was to instil in students the importance of coping with

working under pressure, dealing with difficult people and meeting tight deadlines.

N o w, e i g h t y e a r s o n , I acknowledge that these factors are critical, but I also believe that there are aspects of the legal profession that should b e changed, and that the best change can come not only from within, but from the ground up – from the new generations.

Organisational change does not have to happen from the top. PLT students have the power to create change – an important factor to note, given that they are the supervisors of the future. Their educational background has usually been vastly different from that e xp eri en c ed by th eir supervisors. Taking the time to listen to them and answer their questions may yield surprising

re sults. Stud ents must b e encouraged to articulate their needs: feedback, reassurance and acknowledgement where it is due.

Students should note that the supervisor is often acutely aware of what the student is doing and is actually watching, even when the student thinks the supervisor is too busy to notice. Many supervisors expect Placement students to be reasonably autonomous and expect that they will ask questions only if they need to. On the other hand, as pointed out by one student, supervisors just need to be aware that it can be quite stressful going into a new work environment especially for only six weeks so[they need] to be very clear in communicating with students.i Also, Placement students may need to constantly ask questions, Continued over page...

Your Place or Mine?

Part 2

Continued from previous page...

especially in relation to procedural or administrative matters, so there should always be someone available to answer those questions which may involve trivial administrative details but can hold up a whole job if the student doesn’t know the answer.

An important segue into legal practice There is no doubt that the work experience Placement is an important segue into legal practice. But students who have come to expect constructive criticism and feedback on their work are often perplexed and confused by the apparent lack of feedback provided by supervisors who are generally untrained in this important aspect of any educational experience.

Some senior lawyers are born teachers who share their expertise with a generosity of spirit which is usually reflected in the respect they earn from their peers. The student who is placed with such a supervisor is indeed fortunate. I am always thrilled to hear from students who have loved their Placement experience, particularly because of the time they spent with their supervisor who talked to them, helped them, advised them, and offered constructive feedback on their work. I hasten to add that such an experience is the majority experience.

Many students have expressed extreme satisfaction with the supervision received: Yes. I was given numerous opportunities to work with any of the solicitors in my section and

they were mindful of the tasks required of me.

Yes. There was a weekly review each Friday.

Yes, took time to help me understand.

On the other hand, the “sink or swim” experience is a common one for many PLT students embarking on their first foray into the legal profession. Whilst some thrive on this challenge, others are at best intimidated and at worst, put off joining the profession completely. For most students, it is not the actual work w hich they find the most challenging, but rather dealing with the different personalities in the office and approaching the supervisor to ask a question.

Some students have not felt that their supervision was adequate.

For example: Did not provide any feedback, only gave me things to do.

In the last two weeks the supervisor had no time to discuss questions/matters/ problems.

Minimal supervision / help.

Greater explanation of what to / not to bill would have been helpful.

Yes, talked about cases, gave me exercises to do ‘for the experience’; didn’t however receive a lot of feedback from my supervisor but was told by the others that no news was good news. That said, I couldn’t have been perfect and so more feedback would have been good, but given time constraints, stress of being a partner I understand.

16

students dissatisfied with their Placement experience is that they are ‘biting the hand that feeds them.’ I would urge those who react in this way to think again.

South Australian students are not only unpaid for six weeks of work, but they are actually paying to be there. The Placement is a compulsory part of a topic for which in 2006, Flinders University students paid $1,361 to be enrolled.ii The topic consists of five days of tuition and placement preparation, a six week placement ( forty-five days) and a one day seminar on Risk Management.

This equates to a total of fifty-one days. This costs each student $26.69 per day, or $133 per week.

The six week Placement costs just over $800. Students have the right to enquire as to whether or not they are getting value for money.

Kn ow i n g h ow t o pro v i d e constructive criticism within an adult learning environment is not an innate quality, but with practice and a little empathy, super visors can learn this important skill. The provision of considered and useful feedback will enhance the quality of PLT Placements, benefiting the profession as a whole, and ultimately the wider community.

Rachel Spencer is the Director of Practical Legal Training at Flinders University and has held that role since December 1998.

She is the Chair of the Australasian Professional Legal Education Council.

Contact: rachel.spencer@flinders.edu.au Telephone: 08 8201 3986 i ii

A common response to this article by those in the legal profession to wwww.lawsocietysa.asn.au

Survey response, 2001 Usually deferred and paid through the taxation system. Those who are able to pay up-front receive a 20% discount.

N ew F e de r a l M a g i s t r a t e Appointed

F

ormer barrister Mr Denys Simpson was officially welcomed as South Australia’s newest Federal Magistrate on Tuesday 26 June 2007 in the Commonwealth Law Courts building in Adelaide.

“We are delighted with the new appointment and welcome Mr Simpson to the Court,” Chief Federal Magistrate John Pascoe announced.

The Federal Magistrates Court of Australia commenced in 2000 with only one Federal Magistrate appointed to South Australia.

There are now six Federal Magistrates based in Adelaide.

“We expect that this appointment will make the Court even more effective as a lower level federal court and, in turn, increase the efficiency of the entire federal judicial system in South Australia”.

The Court has a wide-ranging jurisdiction which includes (but is not limited to) the areas of human rights, bankruptcy, workplace relations, migration as well as family law.

Mr Simpson was admitted to the Supreme Court of South Australia in 1975 and practised at the South Australian Bar. He brings to his new position more than 30 years of experience in law, which includes general commercial and civil litigation, trade practices, insolvency, industrial, unlawful discrimination, administrative law and intellectual property. In 1994, Mr Simpson became an accredited Mediator and a graded Arbitrator.

Regina Allan 1951 - 2007

“After experiencing legal practice in a small Adelaide law firm (Simpson Forrest & Trzeciak), a large national law firm (Minter Ellison) and then solely as a barrister at the Independent Bar (Murray Chambers and Howard Zelling Chambers) I will find my new position both exciting and challenging” Federal Magistrate Simpson said.

“I am privileged indeed to now be appointed a Federal Magistrate and to work with judicial officers of the calibre of those that comprise the bench of the Federal Magistrates Court.”

Mr Simpson’s appointment officially commenced on 12 June 2007.

The Law Society of South Australia and its members would like to extend their deepest sympathy to the Allan family at the recent passing of Regina Allan, wife of Judge Peter Allan (retired).

Profile| Clark Radin Lawyers

Law 9000 Accreditation Launch ‘Profile’ – is a showcase for selected South Australian lawyers and their firms. If you have a nomination for the Profile column, please send brief details to the Editor, bulletin@lawsocietysa.asn.au

but also to ensure that clients’ interests were protected by guaranteeing that the practice thrived if something were to happen to me.

Clearly I wanted to also improve the processes within the practice to make it perform the best that it could. This could only be done if there were systems in place to support good work practices on a consistent basis, within a new culture which promoted excellent and efficient processes - and quality outcomes for all stakeholders.

Bulletin: Michael, how did you become involved in the practice and its new direction?

L-R ; Steven Clark & Michael Radin - Clark Radin Lawyers Law 9000 accreditation launch he Bulletin recently spoke to Steve Clark and Michael Radin at their Gaw l er pra cti c e a s th e y celebrated gaining their Law 9000 accreditation. The Law 9000 standard is a sought after accreditation appli cabl e to l egal f ir m s providing timely, consistent and quality legal services to clients.

T

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Bulletin: What was the original impetus for starting the accreditation journey? wwww.lawsocietysa.asn.au

Steve Clark: Having established the practice at Gawler in 1985, by the mid 1990’s the practice comprised myself, two salaried solicitors and six support staff. I also realised how self-driven the practice was when I was not able to take any more than a week off to spend with family, and that without my direct input, practice performance would invariable suffer.

I saw that the culture of the practice had to change from being person driven to being process driven. It was necessary not only for my own wellbeing,

Michael Radin: In the mid to late 1990’s Steve was frustrated in his efforts to bring about this change due to the challenges of securing team members who would support this new culture. In the year 2000 there were wholesale staff changes and I joined Steve then as a consultant This culminated in partnership in 2002.

Gradually a team was assembled that were chosen for being “a fit” as opposed to selection exclusively for the skills which they could offer the practice.

Bulletin: How did the accreditation process progress?

Steve Clark: The firm’s quality manual finally came to fruition in about 2004. A self assessment in May 2004 suggested that we were ready to be certified to Best Practice Standard through Quality

in Law. When this was replaced

by Law 9000 we promptly acquired the Law 9000 standard and were reassured that a lot of the work which we had done under Best Practice was equally applicable to Law 9000 although there were still some areas that needed to be attended to before certification.

In mid 2006, a self assessment audit was performed internally and it was suggested that we were ready to enrol in the Law 9000 and proceed to a certification audit.

In October 2006 a gap analysis audit suggested that we were not too far away, apart from having to undertake work in some areas. In early 2007, the certification audit took place to ensure that there was evidence of compliance with the standard in terms of the firm’s documentation. Team members were then interviewed, to also ensure that the policies and procedures were being implemented. Certification was granted shortly thereafter.

Michael Radin: Minter Ellison is the only South Australian firm which has achieved its certification apart from this firm.

Our firm, therefore, is the only wholly based South Australian firm to achieve certification to the Law 9000 standard.

The commitment of the firm to the Law 9000 standard has been a truly massive one with much time and effort being spent by all team members, in order to bring about the firm’s success in gaining certification. It has been well worth it as our future growth looks secure.

Towards Managing Mental Wellness in the Legal Profession

by Associate Professor Dr Mamta Gautam This is an excerpt from the Tristan Jepson Memorial Lecture, “Towards Managing Mental Wellness in the Legal Profession” by Associate Professor Dr Mamta Gautam, a Canadian psychiatrist and specialist in physician health and wellbeing. It was hosted in September 2006 by the Faculties of Law at the University of New South Wales and the University of Technology, Sydney. The Jepson Memorial Lecture is an initiative of the Tristan Jepson Memorial Fund. The Fund has been established in memory of Tristan Jepson – a UNSW law student and a lawyer who suffered from clinical depression and took his own life in 2004.

Alarming research shows that the incidence of depression in the legal profession is around two to four times the rate of the general population. This public lecture was presented to highlight the issues of mental illness within all elements of the legal profession from students to judges.

Dr Gautam is a psychiatrist in private practice in Ottawa, and a clinical Professor in the Department of Psychiatry, University of Ottawa. She is a specialist in Physician Health and Well-being, and is hailed as “The Doctor’s Doctor”. She is the founding director of the University of Ottawa Faculty of Medicine Wellness Program.

Dr Gautam’s permission in reproducing this extract is gratefully acknowledged as is the assistance of the UNSW Faculty of Law. For additional information visit www.drgautam.com To find out more about the Jepson Memorial Foundation visit: http://www.law.unsw.edu.au/new s_and_events/news.asp?type=&n ame=1061&year=2006

I

S THE mental health of lawyers a problem?

Yes, it is. In an American study don e in B o ston , l aw yers ranked first in depression out of 105 professions surveyed.

Most lawyers have three times the risk of depression than the general population. Twenty-five per cent of lawyers are known to suffer from elevated feelings of psychological distress. This includes anxiety, depression, a sense of insecurity, and a sense of questioning themselves and doubting themselves.

It is so vital to take care of yourself first. Let me give you a few specific self-care strategies.

We are so busy, there are so many people we have to attend do, so many responsibilities that we have to take care of. We have to ensure we are going to be able to do this for the long haul. Let me illustrate.

As I was flying here on Air Canada, the airline attendant stands up at the front of the plane to give us the safety demonstration. She tells you how to put your seat belt on in case you haven’t been in a car since 1960. She tells you where the life jackets and exits are. Then, she tells you that if the oxygen pressure in the cabin changes, these masks are going to drop down. She also tells you if you’re travelling with someone else that needs your assistance, you should secure your own mask before you help them. This is because you’re no good to anyone if you pass out.

You need to see taking care of yourself as exactly the same thing, especially in the middle of your Continued over page...

Towards Managing Mental Wellness in the Legal Profession Continued from previous page...

Then, throw in some water. Yes, that will fit in too. The point is that if the big rocks are in place first, you actually have some space for all the other rocks; but you can’t put the big rocks in at the end. Define in your life what your big rocks, your priorities, are.

That’s what you want to do for yourself. What do you want to do for the people in your life that are important to you? What do you want to do that’s important at work? And this is not what’s urgent, but is most important.

Once you define what those are and make sure you commit time for that, then all the other things fall into place.

stressful day. This may mean quickly grabbing a sandwich when you are hungry even if there are many clients waiting to be seen. We’re not talking about huge investments of time, but we’re talking about realising that we need to take care of yourself so that you’re going to be available for all those people that you feel a sense of commitment to.

20

It is important to make sure that we do all those things that we know are good for us- to make time to exercise, focus on proper nutrition, ensure that you get enough sleep. Here is another good analogy - choosing the big rocks. Imagine I have a big clear bowl here; and some big rocks and some little rocks, and some sand and some water. I am trying to see how I can fit it all in.

wwww.lawsocietysa.asn.au

If you put the sand in first, it’s going to be really hard to put any of the rocks in because you’ve run out of room. But interestingly, if you take those big rocks and put them in that container first, and then you add in the little rocks they sort of fit in around the big rocks. Is it full yet? Well, you could add some sand, and that would fit in around there too.

Make sure that you take holidays.

I am shocked at how many professionals do not take the holidays that they’re entitled to, or that they’re encouraged to take.

Plan and book your weekends, your long weekend, the weeks away, and your big holidays. Then use what I call the Tarzan Rule to maintain this. As Tarzan is swinging through the jungle, he doesn’t let go of the first vine until he has got the next one firmly in his hand. Similarly, do not end a holiday without booking one more. Do this for all the really important things in life, and all the things that you really enjoy in life. You’re having lunch with a great friend; don’t end it

until you’ve booked the next one.

You are playing golf with one of your best friends – excellent, but do not end that game and let that person go without knowing when you’re going to do it again. Use this Tarzan Rule for all those things that you keep meaning to do, and to keep them happening. Think also, about unplanned breaks, times like you’re stuck in a traffic jam, or you’re in the wrong line at the grocery store. You can either fret and fume and get yourself all worked up about that, or you can think about this as a Gift of Time.

Here is time you didn’t expect to have. You can relax; you can listen to music that you like in your car and really allow yourself to enjoy that gift. Look for these Gifts and enjoy them.

Think ab out creatin g and sustaining support systems.

Have at least one friend who is good for you. And remember that those “S” words go together.

Silence and Shame - when you remain silent about something, it can lead to a sense of shame.

Share and Support - When you share something that’s happening to you, you actually get support at the very time you need it.

Friends are great. Look for mentors among your colleagues, who can also be good resources for that. If they’re not available, pets are great. Pets don’t care if

“It is important to make sure that we do all those things that we know are good for us- to make time to exercise, focus on proper nutrition, ensure that you get enough sleep.”

you’re having a bad hair day; all they want is that you know how to operate a can opener. It’s a very small condition for all the positive unconditional support that you’re going to get.

I really encourage you to find a relaxation technique, and use it regularly. It doesn’t matter what it is, I can guarantee a hundred per cent result, but – you have to practice it. What do I mean by that? Well, let’s imagine you’re playing in a concert. You go to rehearsals, and practice at home over and over so that you get it right. The day that you’re on stage during the performance, you can just glide into it effortlessly. The day that you’re feeling stressed – that’s the performance. It’s too late then to start rehearsing and practising. So pick a relaxation technique, and practice it regularly every day. Then, when you need it, it’s going to be right there to guide you effortlessly.

A couple of more points before I finish. Money is the number two

reason why professionals do not make the changes they need to better manage their stress.

Sometimes decreasing your stress means you have to work a little less. That obviously is reflected in the income that you’re going to earn. Remember you want to be around to enjoy the income that you earn, and that means that you have to be physically fit, and you have to actually have time to enjoy that. Many professionals have made commitments to financial things that then gets them into that cycle of continuing to work hard to maintain them. If you need it, get some financial help and plan so that you know that you’ve created enough time to enjoy it with the people that you’re working so hard to get these things for.

Finally, the number one reason why most professionals cannot make the changes they need to become well and to better manage their stress is Guilt. We feel too guilty. Our sense of responsibility is large. We push ourselves, we

have to keep going, we have to do all of these things, and we can only do things for ourselves after that.

Here is a Rule about guilt. If there is something you’re thinking of doing for yourself that you know is going to make you feel better, but feel guilty about, that’s the very thing you should do. Chances are pretty high that what you want to do is absolutely fine – if it were something unethical or unreasonable or immoral or unprofessional, you would have censored that thought a long time ago. If it’s actually drifted up to the surface as a conscious thought, acknowledge the guilt and let it go; and go ahead and do it, enjoy it.

At the end of this, people often say, “Well, all that sounds great, but how am I actually going to make this happen?” The answer is “Don’t just try”. Clearly there is a huge difference between making a firm commitment to doing something to better

manage your stress, and just saying you’re going to try.

I would like you to pick one, two, three of these suggestions that I’ve thrown out at you today and make a determined commitment that you are going to do this, even if it’s just one small change. I want to remind you of all the wonderful reasons that you chose to study law, all the things about it that bring you that satisfaction, that excitement, that glow, that sense of “I love this and I really want to keep doing this”. You can keep doing that, and it’s absolutely worth the effort and the time that it’s going to take to do just a few of the things that I have shared with you, so you can sustain that feeling and enjoy this for the rest of your careers.

I thank you very much for your time and interest today. Every small change each of you makes will magnify to ensure the health of your profession.

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e-mail — dna@medvet.com.au

Law Society of South Austr THANK YOU to all those members and friends who attended the recent 2007 Law Society Annual Dinner at the Observatory Function Centre, warmly hosted by the President, Ms Margaret Kelly. Special thanks must go to this year's guest speaker, the ever

tralia Annual Dinner 2007 eloquent Mr Anthony Durkin, and the talents of the Ji'dasc Irish Band and Irish Association Pipe Band. Thanks also to the Annual Dinner sponsors: Boylen Publishing, MarketOne, Ballast Stone Wines and Tynte Street Flowers for their generous support.

Images: Festival Photography

Obituary: DAVID ALCOCK

Lawyer Born: North Adelaide 29th September 1954 Died: North Adelaide 26th May 2007

jurisdiction, David inevitably gravitated back to the Youth Court where he spent a total of about 26 years, the longest serving professional person in the criminal jurisdiction of that court.

As the senior lawyer at the Youth Court David became a mentor to many younger lawyers as they came through that jurisdiction.

He was generous with good counsel and assistance for legal colleagues from the Commission, the Movement and private practice. He had the respect of the judiciary and of the prosecuting authorities.

As a lawyer he was meticulous.

His files were a byword in efficiency, notated exhaustively in his trademark black ink-filled fountain pen and often bound up with pink legal ribbon, a large roll of which he had purchased in his first year in practice and which then lasted the rest of his life.

D

David grew up in beachside Hove and attended Sacred Heart College. He matriculated in 1972 and studied law at the University of Adelaide where he developed several life long friendships.

in those days. One of his important tasks was to buy the milk. He took up a position with the Aboriginal Legal Rights Movement in 1979 and soon became the Movement’s permanent Children’s Court solicitor. In 1981 he married Marg and their close loving relationship sustained them both through good times and the recent difficult times of her serious illness.

Graduating in 1977, David took up articles with David Peacock and often told stories of that time and the lowly status of the articled clerk

In 1990 he was enticed to move to the Legal Services Commission.

Despite a desire by others to employ his talents in the adult

avid Alcock, the Legal Services Commission’s iconic Youth Court lawyer, has died aged 52.

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His professional service to his clients endured through s o m etim e s multipl e c our t appearances over periods of years. To many of them, with their disrupted family situations, David was the only stable reference point in a chaotic and variable world. In many respects David was the person in the world who knew them best and was on their side in the worst times of their lives. He treated them with dignity and was never condescending. No client of a top flight city law firm would have received better advice or more professional service than David Alcock gave to the impoverished, needy children of this State.

One of the familiar daily sights in Victoria Square (Tarndanyangga) and Gouger Street was David making his slow, deliberate, meditative progress from the Youth Court to the Legal Services Commission Office in Wakefield Street, cigar smoke drifting behind him as he reflected on the events of the morning in court and gathered his thoughts for the cases to come in the afternoon or next morning.

His general knowledge, dedication to book collecting and talent for informative conversation were legendary.

From the early morning coffee with other members of the legal profession in Gouger Street, to his star performances at the staff meetings of the Legal Services Commission, where he regaled his colleagues with stories he had gleaned from around the town, David was like an encyclopaedia, able to converse on a breadth of topics that was a distillation of the mountains of books with which his home was decorated.

From those mountains rained presents of books to many friends and colleagues with generous frequency. His own favourite book was ‘The Leopard’ by Giuseppe di Lampedusa.

He was a loyal friend: the late Justice Brad Selway of the Federal Court and Robert Grubb, the Sydney architect and interior designer, were just two of the many friends he made in his university days with whom he sustained valued lifelong friendships.

Despite his wealth of knowledge he was self effacing, never afraid to tell a story against himself.

A confirmed and proud Luddite, he resented with a passion the impositions of unnecessar y bureaucracy and railed against the much-heralded perceived benefits of technology which, as he saw it, simply created more paper and represented an excuse for people to avoid dealing directly with one another. He st e a d fa stly re si st e d a ny temptation he might have felt to obtain a driver’s licence and part of the daily routine at the Commission was the arrival of Marg in the “bubble car” at the end of the working day for their shared journey home.

“David was a character, a connoisseur of life such as we shall not see again in our lifetimes.”

He loved life and shared it with his family, friends and colleagues convivially and generously. As a member of the South Australian Cricket Association David enjoyed the test cricket at Adelaide Oval each year as much for the company he found there as for the game itself. He had a discerning eye for fine art and with Marg celebrated his 50th birthday by travelling overseas for the fifth

time to visit the famous art galleries and cathedrals of Europe.

D av i d w a s a c h a ra c t e r, a connoisseur of life such as we shall not see again in our lifetimes. His passing was, for him, peaceful and painless but for those who knew him and for the youth of this State whom he served, his loss is painful, a sudden wrench at a time least expected and far too soon.

He is survived by his loving wife Margaret and her family, his moth er S hirl e y and si st er Catherine, his many friends and by countless young people of this State for whom he was the pillar of strength in their time of trouble.

Greg Mead Chief Counsel Legal Services Commission

NRC Afghan Legal Outreach

By Sarah Callaghan We register and manage our cases electronically and produce a monthly case bulletin. I have to remind myself when editing or monitoring case files that such capacity and resources are amazing and we ought to be proud of having the most comprehensive legal database in Afghanistan.

NRC is working to build the capacity of the justice system in various ways. For example, we hire law students to work in our legal aid centers to gain practical work experience, we train elders and government officials in property law and we are encouraging development of the profession by helping our staff to improve their skills and networks.

NRC lawyers talk to local elders and security officials at the site about access to water.

Sarah Callaghan as a graduate of the Law School, University of Adelaide has previously worked as a consultant to the Government of Afghanistan and as a UN Volunteer in organizing elections in Liberia. The Bulletin received this special report from Sarah who is now working with the Norwegian Refugee Council in Kabul.

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aving once worked with the Crown Solicitors Office and the AttorneyGeneral of South Australia I now work for the Norwegian Refugee Council (NRC) as Project Coordinator of an Information, Counselling and L egal Ai d program . O ur prog ram in Afg hani st an provides legal assistance to refugee-returnees and Internally Displaced Persons (IDP’s) on obstacles to their return and resettlement. wwww.lawsocietysa.asn.au

Mostly these are property related problems although we also have some water, family and money recovery cases. We employ about 40 Afghan lawyers who provide legal advice, representation at court and primarily work with the informal justice system to resolve disputes through ‘jirgas’.

I have been in Afghanistan since February 2006 and working with NRC since August 2006. NRC is a NGO with 60 years experience of working with refugees and IDPs worldwide. In Afghanistan we have 7 offices across the country and are the only civil legal aid provider.

I manage the legal aid office in Kabul, which involves monitoring

the substantive work of the staff as well as all logistical, financial, administrative and security matters. Of the lawyers in the Kabul office all 5 women are former judges and the 2 men are a former prosecutor and an anticorruption commission lawyer.

Our lawyers have a great reputation and I believe that is because they work with the people to obtain practical resolution to problems through a mechanism they know and trust.

They also have the luxury of not being corrupt as our services are free, and most of them were refugees themselves so understand the difficulties their clients are facing.

As the only civil legal aid provider we are in a unique position and have developed strong relationships with local authorities and communities across the country. But I believe that with your help there is much more we could do to support the development of the Afghan legal profession. For example for approximately US$40 a month you could sponsor a legal trainee; sponsor an Afghan lawyer by contributing to their salary each month and receive updates on their casework; or fund an entire training session for 40 elder representatives on property law for approximately US$250.

If you are interested in finding out more about NRC’s legal program and how you can be involved in rebuilding the Afghan justice system please contact me directly on ICLA.PCAf1@nrcafpk.org.

“We register and manage our cases electronically and produce a monthly case bulletin”

Kevin Ward Cocktail Function: Griffin Hilditch Lawyers W

hen Griffin Hilditch Lawyers came to relocate to 49 Flinders Street it was felt their very strong e x Wa rd & Pa r t n e r s heritage should be somehow ref lected in their new premises. After consultation with various members of the Wa r d f a m i l y a n d Ke v i n himself the firm secured his agreement to the naming of the firm's major conference room, the K.J. Ward room.

This was celebrated on the 2 0 t h Ju n e w h e n G r i f f i n Hilditch Lawyers held a cocktail party with their guests to mark the occasion.

L-R: Sharon Ward, Peter Ward, Alex Ward and Ian Colgrave.

Front row L-R: Mr Tony Abbott, Mr Kevin Ward, Mrs Abbott, Mrs Joan Ward Back row L-R: Mr Stephen Walsh QC, His Honour Chief Judge Worthington, Mrs Jill Worthington, The Honourable Justice Tim Anderson.

L-R: Dymphna Ward, Jan Ward, Peter Ward, Alice Ward and Alex Ward.

Feeding the Needy: Help from lawyers & staff sought E

ACH SATURDAY night at 6.00pm , w int er, summer and in-between, about 140 needy and vulnerable guests attend the Hall behind St Mary Magdalene’s Church in Moore Street Adelaide, and partake o f a t h re e - c o u r s e m e a l (including ‘take away’ packs), and b ein g w ith fri end s.

These people are grateful for a friendly smile and a welcoming chat.

Without the various groups of volunteers who host this meal, i.e. prepare for, pay for, cook (mostly in advance), serve and clean up after this meal, the meal would never happen. Lawyers Christian Fellowship (LCF) will

host Dinner on Saturday 28 July 2007.

roasted potatoes; Stewed fruit, e.g. apples / pears and Jellies.

They are busy preparing for and coordinating this large effort and are looking for various sorts of assistance. Participation is not limited to LCF members, nor to Christians: anyone willing to help in any way is needed.

2. Making a donation to Lawyers Christian Fellowship, to enable the purchase of large quantities of coffee, tea, bread, margarine, UHT milk, ice cream, etc, for use on the night

You can help with this meal by: 1. Preparing the following types of food and delivering it to the church hall on the afternoon of 28.07.2007 AT 4.30pm: They need cream of vegetable soup in 4-litre ice cream containers; Casserole-type meat + vegetable dishes in 4-litre ice cream containers; 2.5 – 5 kg of

3. Working in the kitchen (preparing, serving, washingup) (8 persons from 4.15pm to 8.30pm) 4. Setting up, waiting on and cleaning up after the tables in the hall, and serving the substance-affected attendees at the rear of the hall (4 persons 4.45pm to 8.30pm)

Your name will not be “up in lights’, nor will you win accolades for doing any of these tasks – however, you will feel immense satisfaction for donating something towards this effort.

If you are able to help, please contact Chai Phie at Connolly & Co - telephone 8223 7499 or email at para@connollylegal.com.

Please let us know if there is anything you are not able to do.

We will try to accommodate requests for specific jobs, but numbers are limited. Children under 16 years are not allowed in the hall.

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July 2007

LAW FOUNDATION OF SOUTH AUSTRALIA: LAW & JUSTICE ESSAY PRIZE 2007 Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth): Accommodating the Interests of Australian Indigenous Children?

By Juliet Badics*

This concludes the winning 2007 Law Foundation Law & Justice Award Essay authored by Juliet Badics.

In this issue the author examines amendments to the Kinship Obligations and Child Rearing Practices Clause relating to the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) and the effects these may have on Indigenous participation in the legal system.

Part 2

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O N C E R N S regarding the apparent lack of attention af forded to Indigenous kinship obligations and child rearing values in the amendments, are slightly abated by the insertion of section 61F – a stand-alone clause aimed at ensuring the court considers such d i f f e re n c e s . Un d e r t h i s amendment, in applying all of the provisions analysed earlier, ‘the court must have regard to any kinship obligations, and child-rearing practic e s, of th e chi l d ’s [ I n d i g e n o u s ] c u l t u r e .’ i Without underrating the obvious symbolic importance of this provisionii and even though it does draw greater attention to the differences, it offers no guidance as to how those differences could or should be practically taken into account.

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Effectively this provision should s a f e g u a rd a ga i n st a dv e r s e inferences, concerning the disciplinary practicesiii or the more fluid nature of Indigenous parental responsibility.iv However, individual cases remain essentially at the whim of judicial discretion, which lacks transparency and may sometimes be very subjective.v Therefore, cross-cultural judicial training must continue in order to counter this risk.vi

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Practical problems related to parental responsibility will persist despite this provision.vii In the absence of regularly obtained court orders, the various and changing caregivers under Indigenous custom may be barred from properly exercising parental responsibility. More precisely, they may encounter problems with obtaining Family Tax Benefit A and child support, and with authorising medical treatment and school enrolment.viii A special registration system could perhaps re m e dy t h e s e d i f f i c u l t i e s , whereby ‘the persons with primary parental responsibility [can] avoid the costly court processes’.ix However, this would need to be established outside the immediate legislative framework.

Even if the court is asked to formally determine parental responsibility, there would also remain challenges in identifying

one single person, within a possibly fluid arrangement, for the purposes of a court order.

Perhaps the more creative suggestion made by the Full Court in the case of In Re CP,x that a tribal elder be designated with responsibility, is still applicable and should be pursued in order to combat this problem.

The definition of ‘relative’xi in the amendments is also somewhat flawed since it fails, n o t w i t h s t a n d i n g recommendations of the Parliamentary Committee,xii to refer to ‘persons considered under Indigenous customary law to be the equivalent of others in the definition’.xiii Although the court could arguably invoke the stand alone clause xiv to cater for Indigenous kinship and override this restrictive definition,xv not only does the problem above, c o n n e c t e d t o n o t i o n s of

communal responsibility remain, but whether the court will choose to follow a more generous definitional path is also unclear.

On a more positive note, procedural measures have been implemented by the court itselfxvi and through further amendmentsxvii which significantly mitigate evidentiary burdens upon Indigenous applicants in proving their customary practices.xviii More importantly, it ensures the court is properly resourced and can give content to the relatively unfamiliar concepts of section 61F in individual cases.xix Like earlier comments in the context of dispute resolution, it is absolutely essential that this amendment (which basically superimposes all others) is complemented with culturally aware service delivery. As the Fa m i ly L aw C o u n c i l h a s

“Even if the court is asked to formally determine parental responsibility, there would also remain challenges in identifying one single person, within a possibly fluid arrangement, for the purposes of a court order.”

acknowledged, ‘the mere act of changing the [written] law, in and of itself, is unlikely to have more than a passing influence on [outcomes, or on] the use of the family law system by [Indigenous] peoples’ xx – especially when provisions directed towards the mainstream are simultaneously entrenched.

Credit must be given to the Family Court’s initiatives so far, including its Aboriginal and Torres Strait Islander Awareness Committee, xxi cross-cultural t ra i n i n g p r o g ra m s , x x i i v e r y successful Indigenous Family Consultant Program, xxiii and efforts to make the courtroom more culturally appropriate and less intimidating.xxiv Nonetheless, the further development and expansion of such initiatives, which was recommended prior to the added pressure of the new mainstream amendments, xxv hinges on the Government’s provision of adequate funding, and arguably also general encouragement. The fact that just one week following assent of the Act on 29 May 2006 Prime Minister John Howard asked for ‘the same treatment and the same law applied by the same courts to all Australians irrespective of their ethnic background’ xxvi suggests such support and encouragement may not be forthcoming.

Conclusion After closely analysing the effect of the amendments, one discovers that their mainstream origins tend to further embed dominant cultural assumptions and may thereby further deter Indigenous participation in the formal system. While the Indigenousspecific provisions at first sight look promising, they are in some ways overshadowed by the operation of the rather radical m a i n stre a m a m e n d m e n t s .

Furthermore, the extent to which these dedicated provisions can remedy culturally inappropriate elements in the legislation is dubious due to weaknesses which are apparent in their own drafting and anticipated effect. Therefore, and in any event, it is clear that changes to written laws must always be accompanied by efforts which aim to truly implement and honour those changes in practice.

Otherwise there is little point!

Bibliography Journal Articles Brajcich, T., ‘The WA Proposed Parental Responsibility Contracts and Orders’ (2004) 5(30) Indigenous Law Bulletin 11.

Buti, T., ‘Court Decides Child to Stay with Indigenous Mother: In the Marriage of B and R’ (1996) Aboriginal Law Bulletin 83.

Cunneen, C. et al, ‘Indigenous Family Mediation: The New South Wales ATSIFAM Program’ (2005) 1 Australian Indigenous Law Reporter 1.

Cunneen, C., and Libesman, T., ‘Removed and Discarded: The Contemporary Legacy of the Stolen Generations’ (2002) 55 Australian Indigenous Law Reporter 1.

Cunneen, C., and Libesman, T., ‘Postcolonial Trauma: The Contemporary Removal of Indigenous Children and Young People from their Families in Australia’ (2000) 35(2) Australian Journal of Social Sciences 99.

Davis, R., and Dikstein, J., ‘It Just Doesn’t Fit: The Tiwi Family and the Family Law Act – Can the Two be Reconciled?’ (1997) 22(2) Alternative Law Journal 64.

Dewar, J., ‘Indigenous Children and Family Law’ (1997) 19 Adelaide Law Review 217.

Hale, A., ‘Aboriginal Children and Family Law’ (1998) 72(2) Law Institute Journal 44.

Hands, T., ‘Teaching an Old Dog New Tricks: Recognition of Aboriginal Customary Law in Western Australia’ (2006) 6(17) Indigenous Law Bulletin 12.

Lanteri, A., ‘Cultural Conflicts in Family Matters’ (2000) Australian Family Lawyer 1.

Lynch, P., ‘Keeping Them Home: The Best Interests of Indigenous Children and Communities in Canada and Australia’ (2001) 23 Sydney Law Review 501.

Ralph, S., ‘The Best Interests of the Aboriginal Child in Family Law Proceedings’ (1998) 12 Australian Journal of Family Law 140.

‘Family Law Changes Endorsed’ (2005) 25 About the House 6.

‘New Family Law Bill’ (2005) 39 Children’s Rights News 28.

Books McRae, H., et al, Indigenous Legal Issues: Commentary and Materials (2003).

Speeches/Seminars Professor Jon Altman, ‘Indigenous Social Policy and the New Mainstreaming’ (Seminar Notes presented at the Centre for Aboriginal Economic Policy Research Seminar Series, Australian National University, 13 October 2004).

The Honourable Chief Justice Alastair Nicholson, ‘Cultural Diversity and the Family Court: Taking a Responsive Approach to the Family Law Needs of a Diversified Australia’ (Speech delivered at the Managing Diversity Conference 2003, Darebin Arts and Entertainment Centre, 3 February 2003).

Justice Rowlands, ‘Recent Developments in Shared Parenting and Joint Custody: A Personal View from the Court’ (Speech delivered at the 14th Annual Family Law Masterclass Conference, Sydney, 10 May 2005).

Radio Transcripts ABC Radio National, ‘Hopes New SA Family Court will also Change Attitudes’, The World Today, 3 February 2006; http://www.abc.net.au/cgibin/common/printfriendly.pl?http://www.ab c.net.au/worldt ... at 16 May 2006.

Government Documents Australian Government Attorney-General’s Department, ‘Family Law Amendment Bill Passes Through Senate’ (Media Release 51/2006, 31 March 2006) http://www.ag.gov.au/agd/WWW/MinisterR uddockHome.nsf/Page/Media_Releases_ .. at 11 May 2006.

Commonwealth, Parliamentary Debates, House of Representatives, 8 December 2005, 9-12; Australian Government AttorneyGeneral’s Department, ‘Family Law Amendment Bill Passes Through Senate’ (Media Release 51/2006, 31 March 2006).

Explanatory Memorandum, Family Law Amendment (Shared Parental Responsibility Bill) 2006 (Cth).

Ralph, S., ‘Addressing the Needs of Indigenous Women in the Family Court’ (2004) 6(1) Indigenous Law Bulletin 20.

Family Court of Australia, The Children’s Cases Program Brochure (2006) http://www.familycourt.gov.au/presence/con nect/www/home/about/childrens_cases_pr ogram/

Ralph, S., ‘Family Court Mediation and Indigenous Families’ (2004) 6(5) Indigenous Law Bulletin 13.

Government response to recommendations of the Senate Legal and Constitutional Legislation Committee Report on the Family

Law Amendment (Shared Parental Responsibility) Bill 2005 http://www.ag.gov.au/agd/WWW/agdHome. nsf/AllDocs/0611DC63C3B25053CA2570E000 037DA6?OpenDocument at 5 June 2006.

National Child Protection Clearinghouse, Child Abuse Prevention Resource Sheet, Australian Institute of Family Studies, No 10 March 2005.

Senate Legal and Constitutional Legislation Committee, Commonwealth Parliament, Provisions of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (2006).

Standing Committee on Legal and Constitutional Affairs, Commonwealth Parliament, Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (2005).

Law Reform Documents Buti, T., and Young, L., Western Australian Law Reform Commission, Family Law and Customary Law, Background Paper No 4 (2004).

Family Law Council, Recognition of Traditional Aboriginal and Torres Strait Islander Child-Rearing Practices, Response to Recommendation 22: Out of the Maze (December 2004).

Family Law Pathways Advisory Group, Out of the Maze: Pathways to the Future for Families Experiencing Separation (July 2001) Law Reform Commission of Western Australia, Aboriginal Customary Laws, Discussion Paper Project 94 (December 2005).

Layton, R., QC (as she then was), Child Protection Review, Our Best Investment: A State Plan to Protect and Advance the Interests of Children (2003).

Williams, V., Western Australian Law Reform Commission, The Approach of Australian Courts to Aboriginal Customary Law in the Areas of Criminal, Civil and Family Law, Background Paper No 1 (2003), 56-61.

Online Sources CCH, Family Law Practice and Commentary, 14-000 http://library2.cch.com.au.ezproxy.flinders.ed u.au/dynaweb/family/aflcomm/@CCH__Bo okView;pf=;cs=default;ts=default#X at 8 May 2006.

CCH Australia Limited, ‘Fed: All Australians must adhere to Same Laws: Howard’ (29 May 2006) http://www.cch.com.au/fe_news.asp?docum ent_id=76211&topic_code=7&category_code =0&e_id=44030&printfriendly=1

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at May 29 2006.

Continued over page...

July 2007

LAW FOUNDATION OF SOUTH AUSTRALIA: LAW & JUSTICE ESSAY PRIZE 2007 Continued from previous page... i

ii iii iv

v

vi vii viii

ix

x xi

xii

Family Law Amendment (Shared Parental Responsibility) Act 2006 s 61F. Family Law Council, above n 70, 5.

Buti and Young, above n 28, 162.

See generally In Re CP (1997) 21 Fam LR 486.

See e.g. Stephen Ralph, ‘The Best Interests of the Aboriginal Child in Family Law Proceedings’ (1998) 12 Australian Journal of Family Law 140,140.

Ibid.

Family Law Council, above n 70, 18.

Ibid, 18. Unfortunately, a detailed discussion of the Act’s implications on financial assistance and child support are beyond the scope of this article.

Law Reform Commission of Western Australia, Aboriginal Customary Laws, Discussion Paper Project 94 (December 2005) 347.

(1997) 21 Fam LR 486.

Family Law Amendment (Shared Parental Responsibility) Act 2006 s 4 (1).

Standing Committee on Legal and Constitutional Affairs, Commonwealth Parliament, Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (2005) [6.54].

Standing Committee on Legal and Constitutional Affairs, Commonwealth Parliament, Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (2005) [6.54]. xiv Family Law Amendment (Shared Parental Responsibility) Act 2006 s 61F. xv For example, with respect to parenting orders under the new section 64B (2) it seems that consideration focuses on and is perhaps limited to either a ‘parent’ or ‘relative’ as defined. xvi Family Court of Australia, The Children’s Cases Program Brochure (2006) <http://www.familycourt.gov.au/presence/ connect/www/home/about/childrens_cas es_program/> at 12 May 2006. See also Family Law Council, above n 70, 29. xvii Family Law Amendment (Shared Parental Responsibility) Act 2006 s 61F. See Standing Committee on Legal and Constitutional Affairs, Commonwealth Parliament, Exposure Draft of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 (2005) [6.55]. xviii See In the Marriage of B and R (1995) Fam LR 594, 624. xiii

Family Law Council, above n 70, 24-25 and 27. xx Ibid, 30. xxi Heather McRae, Garth Nettheim, Laura Beacroft and Luke McNamara, Indigenous Legal Issues: Commentary and Materials (2003), 638; Stephen Ralph, ‘Addressing the Needs of Indigenous Women in the Family Court’ (2004) 6(1) Indigenous Law Bulletin 20, 20. xxii The Honourable Chief Justice Alastair Nicholson, ‘Cultural Diversity and the Family Court: Taking a Responsive Approach to the Family Law Needs of a Diversified Australia’ (Speech delivered at the Managing Diversity Conference 2003, Darebin Arts and Entertainment Centre, 3 February 2003); Stephen Ralph, ‘The Best Interests of the Aboriginal Child in Family Law Proceedings’ (1998) 12 Australian Journal of Family Law 140,141. xxiii Stephen Ralph, ‘Family Court Mediation and Indigenous Families’ (2004) 6(5) Indigenous Law Bulletin 3. xxiv ABC Radio National, ‘Hopes New SA Family Court will also Change Attitudes’, The World Today, 3 February 2006 xix

HOW MUCH PER KILOMETRE? U nder certain circumstances solicitors are entitled to claim for travel in their own motor vehicles – for example to a tt e n d a v i e w, t o t a k e statements from parties or witnesses who are not able to attend at the solicitors office, or to attend on the inspection of discovered documents. A

frequently asked question is – how much can I charge?

Solicitors charging their client on the Supreme Court Scale (or preparing party/party bills on the Supreme or District Court Scales) might take note of the Guide to Witness Fees in Civil Matters in the Supreme Court which came into effect on 1 January 2007.

This provides that where “ the Master considers it proper for witnesses to have travelled in their own motor vehicles, an allowance of up to 75c per kilometre may be m a d e f o r e a c h k i l o m e t re travelled.” In the absence of any prescribed rate in the scale itself, it would seem reasonable to assume that this rate should apply to solicitors’ travel as well.

SHAW Stockbroking: Individually managed accounts (IMA)

F

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or investors who want direct ownership of their share market investments - Wealth Within provides an Individually Managed Account Service tailored to your needs.

It provides all of the benefits of being a shareholder without the headaches of running your own portfolio. Using a proven and disciplined investment technique, our aim is to help you consistently outperform wwww.lawsocietysa.asn.au

the share market over the medium to long term.

Designed for investors who want superior market returns - our professional investment analysts scan the market to find the best performing stocks to create a top performing portfolio for you. Using a proven investment technique, our aim is to help you consistently outperform the share market over the medium to long term.

<http://www.abc.net.au/cgibin/common/printfriendly.pl?http://www. abc.net.au/worldt...> at 16 May 2006. The new courtroom called Wadnawadnawadni (phon) meaning a place of decisionmaking, has more natural light, Indigenous art work, no elevation of the bench and circular seating, all of which are intended to reflect traditional Aboriginal culture and law. xxv Family Law Pathways Advisory Group, Out of the Maze: Pathways to the Future for Families Experiencing Separation (July 2001), 92; Family Law Council, Recognition of Traditional Aboriginal and Torres Strait Islander Child-Rearing Practices, Response to Recommendation 22: Out of the Maze (December 2004), 31; Law Reform Commission of Western Australia, Aboriginal Customary Laws, Discussion Paper Project 94 (December 2005), 346. xxvi CCH Australia Limited, ‘Fed: All Australians must adhere to Same Laws: Howard’ (29 May 2006) <http://www.cch.com.au/fe_news.asp?doc ument_id=76211&topic_code=7&category _code=0&e_id=44030&printfriendly=1

Ho w e v e r, i n p re p a r i n g party/party bills in the Magistrates Court it is noted that the allowance for travel by a witness in his own vehicle is still limited to 50 c per kilometre.

Submitted by the LSSA Costs Committee

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To find out more about these Portfolio and Financial services contact Adam Dawes on (02) 9238 1509 or Email: adawes@shawstock.com.au

Bookshelf SCHOOLS AND THE LAW

By D Butler & B Mathews, Federation Press 2007, PB $49.95 An abstract from Federation Press

T

he legal environment in which schools operate and teachers work is increasingly intrusive. There are more statutes, more cases, m o re re g u l a ti o n s , m o re departmental policies. The law is more complex and compliance is more difficult.

Breaches are more serious, more heavily penalised and noisily publicised.

In this book, Professor Des Butler and Dr Ben Mathews

analyse the major legal issues confronting schools across Australia, and provide clear, accessible statements of the current legal principles involved.

T h e y e n a b l e re a d e r s t o understand what the law is and how it is likely to apply in particular situations.

Each chapter covers both legislation directly regulating s c h o o l s , f o r e xa m p l e , t h e obligation on school staff to

report suspected child abuse and neglect, and general statutes that apply in educational contexts such as discrimination laws. They also analyse the growing body of case law relating to incidents at schools or involving schools.

The book uses an accessible, reader friendly style making it suitable for teachers, policy makers and the wider school community as well as legal practitioners.

AUSTRALASIAN MARINE POLLUTION LAWS

By AMWD White, 2nd ed Federation Press 2007, HB $125 An abstract from Federation Press

T

he book analyses the international conventions, the Australian and New Zealand legislation and the regulatory structures in both countries relating to the protection and preservation of the marine e nv i r o n m e n t f r o m s h i p

pollution. It concentrates on the important aspects of the marine environment and its protection and preservation in the light of the huge tonnages of vital trade goods carried by many merchant ships to and from the Australasian region.

This second edition sets out: the sources of pollution of the coastal seas; the UN international conventions on the marine environment; the International Maritime O rgani zation c onv entions; marine salvage; the complexities of the Australian

offshore jurisdiction covering the Commonwealth States; the New Zealand offshore jurisdiction; some of the key aspects of regulatory governance and infrastructure; and the status of the IMO conventions on shipping and the marine environment.

Law Society of South Australia Justice Award 2007

T

he Law Society was delighted to present Mr Paul Boylan, from Boylan & Co, Port Pirie, with this year’s Justice Award. Paul won the award from a very strong field of nominees.

In presenting the award at the LSSA Annual Dinner recently, Claire O’Connor, (last year’s recipient) paid tribute to Paul’s tireless committment to the legal rights of refugees incarcerated at the Woomera Detention Centre; his generous support of young practitioners working in the country; his dogged determination for better access to the courts for those residing in regional and remote areas of Australia and the significant role which he played in the establishment and continued operation of the Westside Community Lawyers at Port Pirie.

An interview with Paul Boylan, as 2007 Justice Award recipient, will feature in the August issue of the Bulletin.

Funding crisis hits AustLII website A

major drop in funding support to one of Australia’s most popular legal resource web sites - AustLII – may severely limit this peak free-access legal search site, as a new funding model is quickly initiated to try and boost the shortfall.

AustLII urgently needs new stakeholders due to AustLII's financial support having been substantially reduced this year.

AustLII also needs a wider group of stakeholders. The AustLII site that is known so well by the profession has been forced to reduce staff dramatically by a third, from 10 staff to 6.5 staff.

The shortfall AustLII's 2006 budget was $1,450,000, more than two thirds of which was provided by the Australian Research Council (ARC) under its Linkage

Infrastructure Equipment and Facilities (LIEF) Fund, plus required University contributions.

This combined funding is no longer available.

AustLII's total expected funding for 2007 from its existing stakeholders is approximately $750,000 for AustLII's provision of free access to Australian law, plus funding for AustLII's international work to assist global free access to law.

AustLII therefore needs to double its stakeholder funding in order to approximate its previous annual budget and maintain the services AustLII provides. They are now seeking to draw its funding needs to the attention of those of its significant users who are not contributors to AustLII’s funding, through the AustLII service and otherwise, requesting that they consider a contribution.

More stakeholders now needed As of early 2007, AustLII ’s recurrent funding from stakeholders will contribute only about half of the budget AustLII needs to maintain its core services. To balance its budget in 2007 AustLII needs to raise an additional $400,000. Otherwise there will be a reduction in AustLII services commencing in mid-2007. To achieve a stable core budget, AustLII needs to increase its number of recurrent stakeholder contributors to 100, assuming a recurrent $10,000 annual average contribution, or to find more substantial stakeholders representing the major sectors to which AustLII provides services.

To find out more about becoming a supporter of AustLII log on to: http://www.austlii.edu.au/austlii/ sponsors/

LAW SOCIETY CONTACTS Executive Director

Jan Martin

jan.martin@lawsocietysa.asn.au

Director of Business Operations Stephen Hodder stephen.hodder@lawsocietysa.asn.au

This issue of The Law Society of South Australia: Bulletin is cited as (2003) 25(7) LSB(SA). ISSN 0157-8952

EXECUTIVE MEMBERS President: President-Elect: Vice-President: Treasurer: Immediate Past President: LCA Director: Council Members:

MJ Kelly GK Feary JR Goldberg RP Mellows DJ Eszenyi AJ Ward TJ Mellor R Bonig

GENERAL COUNCIL MEMBERS AM Brookman DA Sheldon JL Schammer PI Boylan TM Rymill CM O’Connor MF Crichton MW Henderson SG Henchliffe G Davis

CM Parsonage GC Anderson JR Goldberg The Hon. MJ Atkinson MP RK Genders JB Jarvis SD Ower CJ D’Arcy SK Rowland R Owens

Manager (Finance)

Ciro Pipolo

Member Services Manager

Michelle Griffith

ciro.pipolo@lawsocietysa.asn.au

Legal Practitioner’s Registrar

David Milne

Director (Prof. Standards)

Denise Watkins denise.watkins@lawsocietysa.asn.au

michelle.griffith@lawsocietysa.asn.au david.milne@lawsocietysa.asn.au

Mary Walters

mary.walters@lawsocietysa.asn.au

jgrundy@lawguard.com.au

GDLP Course Director

Sophia Lemke

sophia.lemke@lawsocietysa.asn.au

Manager (Education)

Graham Jobling graham.jobling@lawsocietysa.asn.au

Librarian

Lorna Hartwell

lorna.hartwell@lawsocietysa.asn.au

Published monthly (except January) by:

Nick Ramage Email: nick.ramage@lawsocietysa.asn.au

Editorial Committee G Canny B Krupka R Spencer T Roccisano

Jan Grundy

Manager (LAF)

PUBLISHER/ADVERTISER

THE BULLETIN Editor

Director (Law Claims)

D Crocker J Martin K Gluche I Bosio

L Detmold E Olsson (Chair) S Kljun

J Emerson M Senior M Kaukas

The LAW SOCIETY BULLETIN is published monthly (except January) by: The Law Society of South Australia, 124 Waymouth Street, Adelaide. DX 333 Ph: (08) 8229 0222 Fax: (08) 8231 1929 Email: bulletin@lawsocietysa.asn.au All contributions letters and enquiries should be directed to The Editor, The Law Society Bulletin, GPO Box 2066, Adelaide 5001.

Publisher

Boylen Publishing Production Manager: Cindy Ridgwell Graphic Designer: Aaron Vander Wyst 1 Richmond Road (2nd building), Keswick SA 5035.

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Views expressed in the Bulletin in its ‘Opinion’ column and advertising material included are not necessarily endorsed by The Law Society of South Australia. No responsibility is accepted by the Society, Editor, Publisher or Printer for accuracy of information or errors or omissions.

On The Road | Nick Ramage Lexus - LS 460: Luxury Redefined

Lexus LS 460: At its' heart an exhilarating V-8 engine and 8 speed auto transmission

T

his year 'World Car of Th e Year'( W C OT Y ) jurors in awarding the coveted title to the Lexus LS 460 have spotlighted the prestigious LS 460 as “the embodiment of the Lexus brand's motto – the pursuit of perfection."

engineering and aesthetics that has been perfected by Lexus. A commitment to fuel economy and reduced emissions is also clearly evident from Lexus, with the LS 460 delivering the fuel economy of a V-6, with a stated 11 litres per 100 kilometres.

Classically luxurious, with a clear modern execution, the LS 460 is the luxury saloon for those who seek guilt-free indulgence, unquestioned quality and abundant power delivered through a superbly engineered V-8 motor and a unique 8 speed automatic transmission. With the lowest fuel emissions in the luxury car bracket, driving a V-8 never felt so good.

Other LS 460 standard features include park assist, ra d a r w av e m o n i t o r i n g systems, multi-link suspension, and a remarkable Mark Levinson 19 speaker audio system to give your passengers the full cinema experience for the 9” inch DVD rear screen that flips out at the touch of a button above the rear seats.

The LS 460 in 2007 is the luxury model of the Lexus range boasting many firsts and LS series refinements, yet the 8-speed automatic transmission is but one that defines it from many in the field of dearer luxury saloons available in Australia. As a total package the LS 460 reflects a balance of detail,

The LS 460 exhibits the latest in automotive technology, from the smart cruise control systems to the its stability control systems that act in advance in all driving conditions to deliver the optimum performance and safety for you. In August the LS 460s that arrive will also be the first Australian cars to

offer full parking assist, with th eir Advan c ed Parkin g Guidance System to help parallel-park the car – the driver will control the speed and it does the steering.

through the tight Adelaide Hills as well as gradual sweeping coast roads. An allwheel-drive option will be added to the LS 460 in the near future.

Ever y detail has been accounted for by Lexus right down to the actual sounds of the doors, bonnet and buttons, with these 'crafted' for the car. The traditionally quiet Lexus exhaust thankfully now has a muted throaty note, in keeping with the cars more fluid, more aggressive styling direction.

The LS 460 will have strong appeal in the luxury car market as this fully-optioned saloon presents as a luxury car with equal parts performance and style all the while priced in the middle of the top strata of luxury vehicles. The LS price tag offers serious value for money over many of its competitors.

With its inspiring package of endless features, inbuilt safety and smart technology the LS460 makes for effortless driving pleasure, and is a truly unique luxury saloon car experience.

With the 4.6 V-8 motor quietly beating the LS 460 is always a pleasure to drive. It is a luxurious, inspiring drivers car on the open road, yet equally responsive in an urban environment, with precise handling and manoeuvrability. Not bad for a saloon car weighing in at o v e r 2 t o n n e . Ho w e v e r handling was always smooth, predictable and crisp. The rear-wheel-drive LS 460 felt well planted and stable

The LS 460 is priced at $184,900 plus on road costs, and $186,200 plus on roads with Park Assist from August 2007. Test vehicle made available from Lexus of Adelaide.

Lexus LS460: A refined Lexus design with more aggressive fluid lines

Gazing in the Gazette A monthly review of Acts, Appointments, Regulations and Rules compiled by Mellor Olsson’s Elizabeth Olsson.

21 MAY 2007 – 20 JUNE 2007 ACTS PROCLAIMED (21 MAY 2007 –20 JUNE 2007)

Barley Exporting Act 2007, No 6 of 2007 Commencement: 1 July 2007 Gazetted: 31 May 2007, Gazette No. 31 of 2007 ACTS ASSENTED TO (21 MAY 2007 – 20 JUNE 2007)

Supply Act 2007, No. 18 of 2007 Gazetted:

7 June 2007, Gazette No. 33 of 2007

Residential Parks Act 2007, No. 19 of 2007 Gazetted:

14 June 2007, Gazette No. 36 of 2007

Statutes Amendment (Affordable Housing) Act 2007, No. 20 of 2007 (amends South Australian Housing Trust Act 1995, South Australian Co-operative and

Community Housing Act 1991, Housing and Urban Development (Administrative Arrangements) Act 1995, Residential Tenancies Act 1995, Housing Improvement Act 1940 and Development Act 1993.

Gazetted:

14 June 2007, Gazette No. 36 of 2007

APPOINTMENTS

Ombudsman for the period from 23 June 2007 to 21 September 2007 or until a person is appointed to be the Ombudsman, whichever is sooner Suzanne Carman Gazetted: 14 June 2007, Gazette No. 36 of 2007 RESIGNATIONS

Ombudsman with effect from 22 June 2007 Eugene Biganovsky

Gazetted:

14 June 2007, Gazette No. 36 of 2007

RULES

THE MAGISTRATES COURT OF SOUTH AUSTRALIA Amendment No. 28 to the Magistrates Court Rules 1992 Gazetted: 31 May 2007, Gazette No. 31 of 2007

RULES OF COURT District Court (Criminal and Miscellaneous) Rules 1992, Amendment No. 3 Gazetted:

7 June 2007, Gazette No. 33 of 2007

RULES OF COURT Supreme Court Criminal Rules 1992 (Amendment No. 21) Gazetted:

14 June 2007, Gazette No. 36 of 2007

Regulations Promulgated (21 May 2007 – 20 June 2007)

34

REGULATION NAME................................................................................................................REGULATION #

DATE GAZETTED

Liquor Licensing Act 1997 .................................................................................................................63 of 2007

31 May 2007, Gazette No. 31 of 2007 31 May 2007, Gazette No. 31 of 2007 31 May 2007, Gazette No. 31 of 2007 4 June 2007, Gazette No. 32 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007

Harbors and Navigation Act 1993 ....................................................................................................64 of 2007 Controlled Substances Act 1984.............................................................................................................65 of 2007 Road Traffic Act 1961.................................................................................................................................66 of 2007 Liquor Licensing Act 1997 ........................................................................................................................67 of 2007 Mining Act 1971............................................................................................................................................68 of 2007 Mines and Works Inspection Act 1920 ................................................................................................69 of 2007 Opal Mining Act 1995.................................................................................................................................70 of 2007 Petroleum Act 2000......................................................................................................................................71 of 2007 Road Traffic Act 1961.................................................................................................................................72 of 2007 Motor Vehicles Act 1959.............................................................................................................................73 of 2007 Goods Securities Act 1986.........................................................................................................................74 of 2007 Firearms Act 1977........................................................................................................................................75 of 2007 Motor Vehicles Act 1959.............................................................................................................................76 of 2007 Road Traffic Act 1961.................................................................................................................................77 of 2007 Summary Offences Act 1953....................................................................................................................78 of 2007 Development Act 1993................................................................................................................................79 of 2007 Passenger Transport Act 1994.................................................................................................................80 of 2007 Harbors and Navigation Act 1993.........................................................................................................81 of 2007 Valuation of Land Act 1971 .....................................................................................................................82 of 2007 Roads (Opening and Closing) Act 1991..............................................................................................83 of 2007 34 Real Property Act 1886...............................................................................................................................84 of 2007 Real Property Act 1886...............................................................................................................................85 of 2007 Strata Titles Act 1988..................................................................................................................................86 of 2007 Community Titles Act 1996......................................................................................................................87 of 2007 Bills of Sale Act 1886...................................................................................................................................88 of 2007

wwww.lawsocietysa.asn.au

Registration of Deeds Act 1935 ...............................................................................................................89 of 2007 Worker’s Liens Act 1893 .............................................................................................................................90 of 2007 Public Trustee Act 1995 .............................................................................................................................91 of 2007 Fees Regulation Act 1927...........................................................................................................................92 of 2007 Sheriff ’s Act 1978 ..........................................................................................................................................93 of 2007 Supreme Court Act 1935............................................................................................................................94 of 2007 Environment, Resources and Development Court Act 1993.......................................................95 of 2007 District Court Act 1991...............................................................................................................................96 of 2007 Magistrates Court Act 1991......................................................................................................................97 of 2007 Criminal Law (Sentencing) Act 1988...................................................................................................98 of 2007 Youth Court Act 1993..................................................................................................................................99 of 2007 Coroners Act 2003 ........................................................................................................................................100 of 2007 Associations Incorporation Act 1985....................................................................................................101 of 2007 Births, Deaths and Marriages Registration Act 1996....................................................................102 of 2007 Business Names Act 1996 .........................................................................................................................103 of 2007 Co-operatives Act 1997...............................................................................................................................104 of 2007 Cremation Act 2000.....................................................................................................................................105 of 2007 Partnership Act 1891...................................................................................................................................106 of 2007 Security and Investigation Agents Act 1995......................................................................................107 of 2007 Sexual Reassignment Act 1988...............................................................................................................108 of 2007 South Australian Health Commission Act 1976..............................................................................109 of 2007 South Australian Health Commission Act 1976..............................................................................110 of 2007 Ambulance Services Act 1992 .................................................................................................................111 of 2007 Dangerous Substances Act 1979 ............................................................................................................112 of 2007 Employment Agents Registration Act 1993 .......................................................................................113 of 2007 Explosives Act 1936 .....................................................................................................................................114 of 2007 Explosives Act 1936 .....................................................................................................................................115 of 2007 Explosives Act 1936 .....................................................................................................................................116 of 2007 Fair Work Act 1994 ......................................................................................................................................117 of 2007 Occupational Health, Safety and Welfare Act 1986.......................................................................118 of 2007 State Records Act 1997...............................................................................................................................119 of 2007 Freedom of Information Act 1991 ........................................................................................................120 of 2007 Adoption Act 1988........................................................................................................................................121 of 2007 Housing Improvement Act 1940.............................................................................................................122 of 2007 Aquaculture Act 2001.................................................................................................................................123 of 2007 Fisheries Act 1982.........................................................................................................................................124 of 2007 Livestock Act 1997........................................................................................................................................125 of 2007 Chicken Meat Industry Act 2003 ...........................................................................................................126 of 2007 Brands Act 1933............................................................................................................................................127 of 2007 Branding of Pigs Act 1964.........................................................................................................................128 of 2007 Primary Produce (Food Safety Schemes) Act 2004........................................................................129 of 2007 Waterworks Act 1932..................................................................................................................................130 of 2007 Sewerage Act 1929........................................................................................................................................131 of 2007 Fees Regulation Act 1927...........................................................................................................................132 of 2007 Fire and Emergency Services Act 2005................................................................................................133 of 2007 Building Work Contractors Act 1995....................................................................................................134 of 2007 Conveyancers Act 1994 ..............................................................................................................................135 of 2007 Land Agents Act 1994.................................................................................................................................136 of 2007 Liquor Licensing Act 1997 ........................................................................................................................137 of 2007 Plumbers, Gas Fitters and Electricians Act 1995............................................................................138 of 2007 Second-hand Vehicles Dealers Act 1995.............................................................................................139 of 2007 Trade Measurement Administration Act 1993 ................................................................................140 of 2007 Travel Agents Act 1986...............................................................................................................................141 of 2007 Local Government Act 1999.....................................................................................................................142 of 2007 Private Parking Areas Act 1986..............................................................................................................143 of 2007 Authorised Betting Operations Act 2000.............................................................................................144 of 2007 Gaming Machines Act 1992.....................................................................................................................145 of 2007 Lottery and Gaming Act 1936.................................................................................................................146 of 2007 Controlled Substances Act 1984.............................................................................................................147 of 2007 Controlled Substances Act 1984.............................................................................................................148 of 2007 Tobacco Products Regulation Act 1997...............................................................................................149 of 2007 Crown Lands Act 1929...............................................................................................................................150 of 2007 National Parks and Wildlife Act 1972 .................................................................................................151 of 2007 National Parks and Wildlife Act 1972 .................................................................................................152 of 2007

7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007

35

Continued on page 40

July 2007

Judgments to prohibit any ordinary use of a hand-held mobile phone. This does not mean that the mobile phone must be held in the hand at the time of use, because the phrase “hand-held” is operating as an adjectival phrase rather than an adverbial phrase – qualifying

“mobile phone” rather than “use”.

But there is no reason to limit “use” so that it does not include depressing a button on the phone to answer an incoming call.

[Note: The Rule has since been amended]

CORPORATIONS

WESTERN RETIREMENT VILLAGE MANAGEMENT PTY LTD v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION 2007 FCAFC 75 1 June 2007

CRIMINAL LAW

http://www.austlii.edu.au/au/cases/cth/FCAFC/2007/75.html

BURNS v POLICE [2007] SASC 191 25 May 2007 http://www.austlii.edu.au/au/cases/sa/SASC/2007/191.html

G

36

ray J considered whether a mobile phone must be held in the hand in order to be classified as a “hand-held mobile phone” under R300 of the Australian Road Rules.

driving when the traffic light turned green. Other than the contact between his thumb and the button there was no evidence of any other contact between the appellant’s body and the mobile phone.

The Magistrate accepted the appellant’s account that he was stationary at a red traffic light when his mobile phone rang. The phone was wedged in the centre console of his car and he used his thumb to depress the button on the front panel of the mobile in order to answer the call. He did not pick-up the phone but did look at to see who was calling and to press the button. He used the mobile phone’s “Blue Tooth” technology to conduct the telephone conversation through the car’s loud speakers. He conducted the conversation whilst

Gray J said R 300 is sufficiently wide in its natural meaning to apply in the present case. There was no reason to interpret R 300 i n a n y o t h e r w a y. T h i s interpretation accords with the purpose behind R 300 of ensuring that the safety of motorists and pedestrians is not adversely affected by motorists using handheld mobile phones. The appellant diverted his attention from the task of driving in order to answer the incoming call and then speak on the phone. It is clear that the legislature intended

Prepared by Casandra Francas from ‘Caseweek’: Caseweek has been developed as the most accessible and cost effective way of keeping up to date with major decisions handed down in Commonwealth and State jurisdictions as they appear on the Internet. It contains comprehensive casenotes with hotlinks included in each summary, which gives you access to the full text of the judgment.

wwww.lawsocietysa.asn.au

A

S I C b r o u g h t proceedings to wind up an allegedly unregistered managed investment scheme.

The primary Judge declared that the scheme was a managedinvestment scheme which was required to be but was notregistered under the Corporations Act and ordered that it be wound up. His Honour appointed receivers of the landfor the purposes of winding up the scheme. This was an appeal against the order appointing receivers over theland and giving them power to enter into possession of theland and sell it.

paid the purchase price using investors’ capital and loan funds obtained from theappellant. The appellant had not transferred the land tothe purchaser and remained the registered proprietor.

The scheme involved an investment in a prospective retirement village. The land upon which the village was tobe established was registered in the appellant’s name. The appellant had agreed to sell the land to a related company. The purchaser

The Full Court of the Federal Court rejected these arguments.

The Court also said it was not relevant which party held what interests in the land as both the appellant and purchaser were integral parts of the scheme as was the land.

The appellant contended that the purchaser could notrequire the appellant to transfer the land to it as ASIC hadnot established that the purchaser had paid the stamp duty payable on the contract and that ASIC had not shown that the purchaser had paid the vendor the GST payable on the transaction.

The annual cost for subscribers is currently: Law Society Members: $240 small firms, $480 large firms; Non-members: $475 small firm, $790 large firm, Students $125.

15% discount on the subscription price is available for Law Society Judgement Scheme. Subscribers contact Sonia Hamilton on 8229 0241 for further information or to register for our FREE ONE MONTH TRIAL.

Moving On, Moving Up A

u strali an E xe c utor Trustees is pleased to announce the addition of three new solicitors to their Estate Planning division over the last six months. Mark Jordan ( formerly of Lynch Meyer L aw yers), Michael Rizzuto ( formerly of Connolly) and Adeline Lim ( formerly of Doman Lawyers) have joined the existing legal team of Elizabeth Ferguson, Grant Edwards, Carrie Brown, Ivana Bosio and Lester Jarmyn.

Suzy Graham has sold her Adelaide family law practice ‘Adelaide Family Law’ and relocated to Port Augusta. Suzy will operate from 1/7 Church Street, Port Augusta as ‘Spencer Gulf Law – Suzy Graham’ Details are: Tel. (08) 8641 0666 and Fax. (08) 8641 0777. The practice will offer advice in all areas of the law with a particular emphasis on family and de facto law, wills and probate.

Lyn ch Me yer L aw yers are pleased to announce the appointment of two new solicitors.

Cathy Mayfield joins the firm as an Associate in the firm’s Commercial Litigation practice and the firm’s Property & Construction team is strengthened with the addition of Carol Smith as a solicitor. Shane Daniell has also recently been appointed General Manager to oversee the day to day running of the firm.

Neil Sills wishes to announce that he has established Sills & A ss o c i at e s, Barristers and Solicitors. The of fice is at 39ATorrens Road , Kilkenny.

Telephone: 0431 157 752 Fax: (08) 8345 0515.

Kain Corporate + Commercial is pleased to announce the appointment of Aaron Read joining as Business Coordinator and Michael Bett as a consultant in the disputes department.

Top (L-R):

Aaron Reed, Carol Smith Bottom (L-R): Cathy Mayfield, Michael Bett

Conferences and Events INTERNATIONAL

AUSTRALIA

August 2007

July 2007

8th - 12th Aug Bali Australian Lawyers Surfing Association 2007 Conference Host: Australian Lawyers Surfing Association Contact: Hayden Phone: 02 8347 0589 Email: asiatravel1@optusnet.com.au

17th - 18th Jul Melbourne, VIC 7th Annual Contract Law Conference Host: LexisNexis Professional Development Phone: 1800 772 772 Fax: 02 9422 2338 Website: www.lexisnexis.com.au/aus/ conferences Email: rania.tsaousidis@lexisnexis.com.au

September 2007

18th - 19th Jul Sydney, NSW Advocacy and Drafting - Essential Skills for Young Lawyers Host: LexisNexis Professional Development Phone: 1800 772 772 Fax: 02 9422 2338 Website: www.lexisnexis.com.au/aus/ conferences/ Email: rania.tsaousidis@lexisnexis.com.au

8th - 13th Sep Nairobi, Kenya Commonwealth Law Conference Host: Law Society of Kenya Contact: Conference Coordinator, Peninah Gakure, Law Society of Kenya, Lavington, opp. Valley Arcade, Gitanga Road, P.O Box 72219 - 00200 Nairobi, Kenya.

Phone: +254 20 387 4664 Fax: +254 20 387 5534 Website: www.commonwealthlaw2007.org/ wd90awp/wd90awp.exe/connect/ LSK Email: administrator@commonwealthlaw2007.org

23rd - 25th Jul Sydney KM Australia 2007 Host: ARk Group Contact: Laura Scully Phone: 1300 550 662 Fax: 1300 550 663 Website: www.kmaustralia.com/ Email: lscully@arkgroupasia.com August 2007

14th - 21st Sep KOS DODECANESE GREECE The Greek Legal and Medical Conference Host: The Greek Conference Contact: MISS EUGENIA MITRAKAS OAM 246 ALBERT ROAD SOUTH MELBOURNE VIC 3205 AUSTRALIA Phone: +613 9690 2033 Fax: +613 9690 2033 Website: www.greekconference.com.au Email: eugenia@mitrakas.com.au

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14th - 19th Sep Singapore International Bar Association Conference Host: International Bar Association Contact: 10th Floor 1 Stephen St London, W1T 1AT United Kingdom Phone: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 Website: www.ibanet.org/Conferences/ singapore2007/ wwww.lawsocietysa.asn.au

3rd - 5th Aug Sydney Restitution in Commercial Law Host: University of New South Wales Faculty of Law Contact: Centre for Continuing Legal Education Faculty of Law The University of New South Wales Sydney 2052 New South Wales, Australia Phone: +61 2 9385 2267 Fax: +61 2 9385 1155 Website: www.restitution.unsw.edu.au Email: restitution@unsw.edu.au 7th - 9th Aug Hyatt Regency Perth 4th Annual Contracts Conference - WA Host: LexisNexis Professional Development Phone: 1800 772 772 Fax: 02 9422 2338 Website: www.lexisnexis.com.au/aus/ conferences Email: rania.tsaousidis@lexisnexis.com.au

10th - 11th Aug Hyatt Regency - Adelaide 24th Banking & Financial Services Law & Practice Conference Host: BFSLA Contact: Jenny Marsden - Secretariat Banking & Financial Services Law Association Phone: 07 3550 3160 Fax: 07 3550 3150 Website: www.bfsla.org Email: jenny@eventsolutions.com.au 16th - 17th Aug Sydney, NSW Building and Construction Law Masterclass Host: LexisNexis Professional Development Phone: 1800 772 772 Fax: 02 9422 2338 Website: www.lexisnexis.com.au/aus/ conferences/conferences07/ BuildConstruct07/default.asp Email: registration@lexisnexis.com.au 22nd - 24th Aug Surfers Paradise Strata Title and Community Title in Australia for the 21st Century II Host: Griffith University Contact: Kara Stanton Conference Organisers C/- McCalls Pty Ltd PO Box 2477 Fortitude Valley QLD 4006 Phone: 07 3257 3920 Fax: 07 3257 3932 Website: www.griffith.edu.au/conference/ sct2007 Email: info@mccallspr.com September 2007 10th - 11th Sep Sheraton Spa Resort Noosa - QLD 2nd Annual LAWTECH SUMMIT & LAWTECH AWARDS 2007 Host: CMS- Chilli Marketing Solutions Contact: Kathy Katrivesis Operations Manager Phone: 02-9818 6566 Fax: 02-9818 6577 Website: www.chillimarketing.com.au/legalit Email: kathy@chillimarketing.com.au 14th - 15th Sep Banco Court, Supreme Court, Georgr St , Brisbane,QLD Second National Indigenous Law Conference Host: Bar Asscociation of Queensland Contact: Helene Breene Phone: 07 3238 5100 Fax: 07 3238 5123 Website: www.qldbar.asn.au Email: helene@qldbar.asn.au

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200

Diary Dates CPD and Events Calendar To purchase copies of papers from earlier CPD sessions please telephone us on (08) 8110 5200 We invite practitioners to contact the Education Section on 08 8110 5200 or email cpd@lawsocietysa.asn.au with any suggestions for potential CPD topics and speakers.

PLEASE NOTE All weekly and half day CPD seminars, unless otherwise advised will be presented in the LAW SOCIETY SEMINAR ROOM LEVEL 2 / 132 FRANKLIN ST, ADELAIDE To register contact: Law Society (Education Section) Telephone: (08) 8110 5200 or email us at cpd@lawsocietysa.asn.au

JULY Wednesday 18 July SEXUAL ASSAULT UPDATE 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenters: David Edwardson QC, Bar Chambers, Liesl Chapman, Jeffcott Chambers, Emily Telfer, DPP (State) Chair: The Honourable Justice Kelly, Supreme Court of South Australia

Friday 20 July REPRESENTATIVE GOVERNMENT IN SA CELEBRATING THE 150TH ANNIVERSARY OF THE FIRST SA PARLIAMENT 1.30pm - 5.00pm The Old Chamber, Old Parliament House (enter via main entrance Parliament House) Open & Welcome: The Honourable Michael Atkinson MP, Attorney-General Presenters: The Honourable Dr John Bannon AO, Professor John Williams, University of Adelaide, Michael Wait, Crown Solicitors Office Panel Members: The Honourable Michael Atkinson MP, Attorney-General, The Honourable Dr John Bannon AO, Isobel Redmond MP & John Rau MP Chair: Michael Manetta, Anthony Mason Chambers Wednesday 25 July DUST DISEASE UPDATE 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenters: Luisa Di Paolo, Turner Freeman & Tony Possingham, Mitchell Chambers Chair: Master Norman, District Court AUGUST Wednesday 1 August ABC V O’NEILL INTERLOCUTORY INJUNCTION LAW UPDATE

5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenter: Ian Robertson, Commercial Chambers Chair: The Honourable Justice Anderson, Supreme Court of SA Wednesday 8 August ADR IN THE LITIGATION PROCESS 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenter: Lucy Turonek, Wright Chambers Chair: TBA - For further updates please refer to our website Thursday 9 August EXPORTING OF LEGAL SERVICES 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenter: Andrew Stoler, Executive Director, Institute for International Trade Wednesday 15 August THE DECISION TO PROSECUTE 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenter: Stephen Pallaras QC, DPP (State) further presenters to be advised see our website for updates

Chair: The Honourable Justice Vanstone, Supreme Court of South Australia Friday 17 August ENVIRONMENTAL LAW 8.45am-12.45pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenters: Paul Leadbeter, Norman Waterhouse, James Levinson, Jamie Botten & Associates, Martha Savva, Norman Waterhouse, & Suzanne Dickey, Finlaysons Chair: Alison Brookman, Finlaysons Wednesday 22 August MEDIA & ENTERTAINMENT LAW 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenters: Luke Dale & Toby Moritz, Kelly & Co Chair: Peter Campbell, Kelly & Co Wednesday 29 August A SOLICITOR’S GUIDE TO THE SUPREME COURT SCALE 5.30pm - 7.00pm Law Society Seminar Room Level 2 / 132 Franklin Street, Adelaide Presenter: Bill Ericson, Finlaysons Chair: TBA – for updates please refer to our website

39

July 2007

Continued from page 35

Gazing in the Gazette A monthly review of Acts, Appointments, Regulations and Rules compiled by Mellor Olssonâ&#x20AC;&#x2122;s Elizabeth Olsson.

Botanic Gardens and State Herbarium Act 1978...........................................................................153 of 2007 Historic Shipwrecks Act 1981 ..................................................................................................................154 of 2007 Prevention of Cruelty to Animals Act 1985........................................................................................155 of 2007 Heritage Places Act 1993...........................................................................................................................156 of 2007 Environment Protection Act 1993..........................................................................................................157 of 2007 Environment Protection Act 1993..........................................................................................................158 of 2007 Radiation Protection and Control Act 1982......................................................................................159 of 2007 Natural Resources Management Act 2004 ........................................................................................160 of 2007 Natural Resources Management Act 2004 ........................................................................................161 of 2007 Pastoral Land Management and Conservation Act 1989...........................................................162 of 2007 Native Vegetation Act 1991.......................................................................................................................163 of 2007 Natural Resources Management Act 2004 ........................................................................................164 of 2007 Land Tax Act 1936.......................................................................................................................................165 of 2007 Petroleum Products Regulation Act 1995...........................................................................................166 of 2007 Barley Exporting Act 2007 ........................................................................................................................167 of 2007 South Australian Health Commission Act 1976..............................................................................168 of 2007 Natural Resources Management Act 2004 ........................................................................................169 of 2007 Natural Resources Management Act 2004 ........................................................................................170 of 2007 Upper South East Dryland Salinity and Flood Management Act 2002 ................................171 of 2007

APPOINTMENT

David Hopkins appointed as Partner of Specialist Property Law Firm

40

We are pleased to advise the profession and our clients that David Hopkins joined our firm as a Partner on 2 July 2007.

David may be contacted on 8227 1117 or dhopkins@brownies.com.au.

wwww.lawsocietysa.asn.au

7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 7 June 2007, Gazette No. 34 of 2007 14 June 2007, Gazette No. 36 of 2007 14 June 2007, Gazette No. 36 of 2007 14 June 2007, Gazette No. 36 of 2007 14 June 2007, Gazette No. 36 of 2007 14 June 2007, Gazette No. 36 of 2007 14 June 2007, Gazette No. 36 of 2007

CHARITY

CONSULTING

CONSULTING

CONSULTING

ENGLISH LAW AGENCY SERVICES

LITIGATION ASSISTANCE FUND LAF

AUST. WIDE SERVICE

Fearon & Co

The Litigation Assistance Fund is available to civil litigants unable to pay their own legal expenses. It is available to companies as well as individuals.The Fund will pay reasonable solicitor/client costs according to the scale appropriate to the jurisdiction. If the litigation is successful, the Fund will receive a Fund fee being 15% of any judgement or settlement monies.

SOLICITORS Established 1825 Fearon & Co specialise in acting for non-residents in the fields of Probate, Property and Litigation. In particular: • Obtaining Grants of Representation for Estates in England, Channel Islands, Isle of Man and elsewhere.

• Administering English Estates • Buying and selling homes and business premises • Recovering compensation for accident victims • Litigation including debt Recovery and Matrimonial VISIT OUR WEBSITE - www.fearonlaw.com Westminster House, 6 Faraday Road, Guildford, Surrey GU1 1EA, United Kingdom Tel: 0044 (0) 1483 540840 Fax: 0044 (0) 1483 54844 General Email: enquiries@fearonlaw.com LITIGATION Martin Williams 00 44 (0)1483 540843 mw@fearonlaw.com

PROPERTY John Phillips 00 44 (0)1483 540841 ajp@fearonlaw.com

PROBATE Francesca Nash 00 44 (0)1483 540842 fn@fearonlaw

Regulated by the Law Society of England and Wales

CONSULTING ACTUARIES

ACCIDENT ANALYSIS HALL TECHNICAL SERVICES

Brett & Watson PTY. LTD.

For professional actuarial advice on • economic loss • workers compensation • all superannuation issues Contact Laurie Brett or Bruce Watson Phone 08 8232 1333 Fax 08 8232 1324

Ground Floor 157 Grenfell Street Adelaide SA 5000

Expert opinion relating to all aspects of vehicle accidents including the following: Collision geometry Vehicle speeds Accident avoidance Occupant seating Seat belt wearing Motor cycle accidents Tyre failure Brake failure Contact Chris Hall, B.E. (Hons) HALL TECHNICAL SERVICES Suite 3, 1 Irwin Lane, Unley SA 5061 Phone (08) 8271 7521 Fax (08) 8271 4745 Email info@halltechnicalservices.com.au

In the alternative, the Disbursements Only Fund – DOF – is available. This enables payment of disbursements such as court filing, experts reports, witness fess, transcripts and trial fees. Barrister’s and solicitor’s costs are excluded

PROCESS SERVING REPOSSESSIONS INVESTIGATIONS MISSING PERSONS

Level 24, Santos House, King William Street, ADELAIDE SA 5000 P.O. Box 591 PORT AUGUSTA SA 5700 T. (08) 8641 2111 F. (08) 8641 2100 M. 0418 838 807 outbackbusiness@ozemail.net.au

If the DOF matter is successful, a Fund fee will be levied being repayment of the disbursements paid by the Fund together with an uplift of 25% to 100% thereof.

For further information about the fund contact Mary Walters.

132 Franklin Street, Adelaide SA 5000 Ph - 8110 5263 Fax - 8231 2995 mary.walters@lssa.asn.au

LAWcare The LawCare Counselling Service is for members of the profession or members of their immediate family whose lives may be adversely effected by personal or professional problems.

If you have a problem, speak to the LawCare counsellor Dr Joe before it overwhelms you. Dr Joe is a medical practitioner highly qualified to treat social and psychological problems.

The Law Society will pay $250 per annum of Dr. Joe's professional fees where a gap payment is required.

All information divulged to the LawCare counsellor is totally confidential.

Participation by the legal practitioner or family member is voluntary.

To contact Dr Joe 08 8229 0299 8am-8pm, 7 days a week LawCare is a member service made possible by the generous support of Willis Australia Ltd

confidential

professional counselling

TETLOW TIGWELL WATCH

Solicitors GPO Box 389, Canberra, ACT 2601 DX 5650 Canberra Tel (02) 6162 5999 Fax (02) 6162 5955 Email mail@ttwlaw.com.au We are prepared to accept referrals and agency work in Litigation, Probate, Conveyancing, Commercial and related matters

AD DETAILS

boylen

PUBLISHING MEDIA CREATIVE

To advertise in the Bulletin please contact:

41

Nadine Hardwicke Publication Manager

Phone: 8233 9408 Fax: 8351 5633 Email: nhardwicke@boylen.com.au

July 2007

CONSULTING

CONSULTING

CONSULTING

CONSULTING

CONSULTING ENGINEERS

FORENSIC PSYCHOLOGY

FITZGERALD PARALEGAL

PROCESS SERVERS

PETER MADDERN & ASSOCIATES PTY LTD

• Psychological and Psychometric assessment of adults and children • Neuropsychological assessment • Prompt, detailed and concise reporting

Investigation summons and examination summons attendances.

Expert opinions since 1980 • Public liability: slips, trips, stairs.

• Third party industrial negligence

ADELAIDE FORENSIC PSYCHOLOGY 72 Kermode Street NORTH ADELAIDE SA 5006 Tel: 8267 1300 Fax: 8239 1549

We will accept instructions for attendances at Adelaide, Port Adelaide, Elizabeth, Christies Beach and Holden Hill.

• Product liability • Planning and licensing acoustics.

• Minimal charges for inspections in unsupportable circumstances.

• Arrangements for defferal of fees until settlement.

CONSULTANTS: Greg Ireland, Jon Hare, Anthony Walsh (All are members of the APS College of Forensic Psychologists)

ENGINEERS

FORENSIC PSYCHOLOGY

Providing expert technical advice on accidents, failures and design.

CIVIL & CRIMINAL EXPERTISE

Master of Environmental Law Master of Regional & Urban Planning Phone 8267 6337 Fax 8267 6338 pmaddern@olis.net.au PO Box 96, North Adelaide SA 5006

LOST WILL

• Automotive • Machinery & Equipment • Product • Industrial & Process Contact: Paul van de Loo BE Mech.(Hons), MSME (Stanford) Applidyne Pty Ltd University of Adelaide Research Park 35-37 Stirling Street, Thebarton SA 5031 Phone (08) 8234 8211 email: consulting@applidyne.com.au

LegalServe* "Serving you & Serving your Documents"

VINCENZO MUSOLINO deceased Any person having knowledge of any Will made by the abovenamed, late of 93 Queen Street Norwood in the State of South Australia, retired labourer who died on the 9th day of October 2003 at Norwood in the said State is requested to communicate with Penelope Wells of Camatta Lempens Pty Ltd, Solicitors, of Level 1, 345 King William Street, Adelaide in the said State.

42

It is believed that the said deceased made a Will on the 21st day of January 1982 but the same cannot be found.

CAMATTA LEMPENS PTY LTD

1/345 King William Street Adelaide SA 5000 Telephone: 8410 0266

wwww.lawsocietysa.asn.au

Assessment • Reports • Treatment

306 King William St, Adelaide

Peter Maddern Chartered Engineer

Refer instructions to Lesley Cogan.

GPO Box 1967, Adelaide SA 5001 Phone 8352 3288 Fax 8352 3277 DX 269

Member: Institute of Mercantile Agents License No ISL 168126 FAST SERVICE OF YOUR DOCUMENTS ANYWHERE IN AUSTRALIA IN ANY JURISDICTION PROCESS SERVERS - PRIVATE BAILIFFS

8418 1444 82 Flinders Street Adelaide 5000 GPO Box 2664 Adelaide 5001 LegalServe@debtcollections.com.au *A division of National Recoveries & Investigations (NRI) Pty Ltd

T.N. Cogan & Co

Cost Consultants 72 Henley Beach Road MILE END SA 5031

8352 3288

Tel: 82121703 Fax 82216855 Dr Jack White

0416 232 606

Dr Andrew Day

0403 064 239

245 Sturt St, Adelaide Tel: 82127740 Fax: 82122775 Ms Lisa Chantler 0403 339 438 Dr Carol Cayley

0412 794 424

LINDQUIST PARTNERS Advise that they attend and accept instructions for all Investigation and Examination Summons hearings in the Metropolitan area: Adelaide, Port Adelaide, Elizabeth, Christies Beach and Holden Hill.

Contact Ken Cureton, Paralegal Phone: 8223 7966 Facsimile: 8227 0730 Write to: DX 376 or GPO Box 1870, Adelaide, SA 5001 Email: law@lindquistpartners.com.au

ACCIDENT RECONSTRUCTION Expert opinion in motor vehicle accident reconstruction covering paths of travel, approach and impact speeds.

Other areas of expertise include: • Seating position reconstruction • Computer simulation • Brake system examination • Lamp filament examination • Tyre failure analysis • Seat belt worn examination Contact Harry Aust, B.Tech (Mech), M.I.E. (Aust.) on 8338 2382.

Vehicle Systems Eng.Pty. Ltd. PO Box 6000, Linden Park SA 5065 haust@ozemail.com.au

ATKINSON COMMERCIAL SERVICES Australia wide document service (any jurisdiction) Warrants Real Property Enquiry work Repossession Distraints Locates Ph: 8231 0922 Fax: 8231 0929 GPO Box 1250 Adelaide 5001 atcom@senet.com.au

Consulting Engineers Australian Technology Pty Ltd for expert opinion on: • Vehicle failure and accidents • Vehicle design • Industrial accidents • Slips and falls • Occupational health and safety Douglass Potts BA BTech (Mech Eng) Dip Ed MSAE-A MIEAust MAOQ MRAI CPEng

GPO Box 949, Adelaide SA 5001

8271 4573 wdrpotts@bigpond.net.au

PROCESS SERVING INVESTIGATIONS MISSING PERSONS Competitive rates and reliable Mercantile Commercial Investigators incorporating Adelaide Detective Agency EST IN 1981

55 Gawler Place, Adelaide 5000 GPO Box 2020, Adelaide 5001 DX 446, Adelaide Phone (08) 8231 0777

FIRE & EXPLOSION INVESTIGATION Over 20 years forensic experience on behalf of the Insurance Industry and Legal Profession throughout Australia, New Zealand and the Asian Region.

Mr Simon Cox (B. App. Sc. Grad. Dip.) Forensic Consulting Services PO Box 41, Penola, SA 5277 Phone: 0418 174 069 Facsimile: 8737 2760 Email: simoncox@penola.lscst.net

J

JAM DPC/0106/W

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