annual REPORT - Australian Pro Bono Centre · ORGANISATION The Australian Pro Bono Centre (Centre) was established in 2002 as an independent, non-profit organisation at the University

annualREPORT

2018-2019

probonocentre.org.au

http://www.probonocentre.org.au

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ABOUT THE CENTRE

OURORGANISATION

The Australian Pro Bono Centre (Centre) was established in 2002 as an independent, non-profit organisation at the University of New South Wales. It is the national peak body for legal pro bono service delivery in Australia. Its principal objective is to grow the capacity of the Australian legal profession to provide pro bono services focused on increasing access to justice for socially disadvantaged and marginalised persons and furthering the public interest.

The Centre receives financial assistance from the Federal Attorney-General’s Department and from the Departments of the Attorney-General in the States and Territories. The Faculty of Law at UNSW generously provides the Centre with accommodation and other support. For more information, visit the Centre’s website:

www.probonocentre.org.au

STRATEGIC PLAN

T h e Ce n t re’s St ra te g i c Pl a n

2 0 1 7 - 2 0 2 0 s e t s o u t t h e a c t i o n s, t h e m e s a n d p r i o r i t i e s t h a t g u i d e t h e Ce n t re i n d e l i ve r i n g i t s t wo ove ra rc h i n g s t ra te g i c p r i o r i t i e s.

ANNUALREPORT 2018–2019

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https://www.probonocentre.org.au/

INTRODUCTION

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B: DEVELOPING EXPERTISE AND PROVIDING PRACTICAL ASSISTANCE TO FACILITATE PRO BONO LEGAL SERVICE

EXPERTISE: Developing and sharing expertise to advance national best practice in the

delivery of pro bono.

PRACTICAL SUPPORT: Providing practical assistance, including practical guides and resource kits, to existing and potential pro

bono providers and seekers.

COMMUNICATION: Communicating news and insights about issues affecting pro bono

practice in Australia.

RESEARCH: Conducting research to build knowledge of, and expertise about, pro bono.

REPORTING: Collecting data and reporting on the pro bono work

being undertaken nationally.

PROFESSIONAL INDEMNITY INSURANCE: Providing professional indemnity insurance,

underwritten by Lawcover, to support eligible lawyers to undertake pro bono work on

projects approved by the Centre.

SUSTAINING COMMITMENT: Promoting the pro bono ethos and sustaining the Australian

legal profession’s commitment to undertake pro bono.

PROMOTING GROWTH AND IMPACT: Leading advocacy for continuing growth in the provision of pro bono and enhancing its impact, especially in areas of unmet legal

need, and by a broader range of Australian lawyers.

POLICY DEVELOPMENT AND LAW REFORM: Engaging in policy development, advocacy

and law reform with key stakeholders on issues impacting on pro bono services, including the

removal of any constraints or barriers to lawyers undertaking pro bono.

THOUGHT LEADERSHIP: Leading in the development of new ideas and innovative project and partnership

models to build pro bono engagement among all Australian lawyers.

COMMUNITY BUILDING: Strengthening relationships between members of the pro bono legal community to promote

exchange of knowledge and to stimulate and encourage the development, expansion and

coordination of pro bono.

ENHANCED PUBLIC VISIBILITY: Raising the profile of pro bono through a wide

range of media and maintaining a strong public presence as a centre of expertise

within the legal assistance sector in Australia.

EVENTS AND FORUMS: Convening and supporting events and forums to enhance

communication about pro bono practice among key stakeholders and to celebrate the Australian legal profession’s commitment to pro bono legal

service.

INTERNATIONAL RELATIONSHIPS: Developing and building networks

with international pro bono programs and providers to strengthen research and guide development of pro bono

policies and practice in Australia.

A: STRENGTHENING AND PROMOTING THE PLACE OF PRO BONO LEGAL WORK WITHIN THE AUSTRALIAN LEGAL PROFESSION

INTRODUCTION

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4

THE YEAR IN REVIEW ................................................................................................................................................................. 5FY2019 Highlights of the Centre’s Work ........................................................................................................ 6From the Chair ...........................................................................................................................................................7

Phillip Cornwell ..............................................................................................................................................7

From the CEO ............................................................................................................................................................. 8Gabriela Christian-Hare ............................................................................................................................8

Farewell to John Corker......................................................................................................................................... 9STRENGTHENING AND PROMOTING PRO BONO LEGAL WORK ....................................................................................... 11

Sustaining Commitment to Pro Bono ............................................................................................................12The National Pro Bono Target ............................................................................................................... 12

National Law Firm Pro Bono Survey .................................................................................................. 14

Enhancing Public Visibility ..................................................................................................................................16Weekly Round-Up ....................................................................................................................................... 16

Pro Bono Voco .............................................................................................................................................. 17

Australian Pro Bono News ...................................................................................................................... 18

National Pro Bono Day ............................................................................................................................ 18

Media Engagement ................................................................................................................................... 19

Social Media ................................................................................................................................................. 19

Community Building .............................................................................................................................................20Support for Development of Collaborative Pro Bono Models ..............................................20

Redfern Legal Centre – Financial Abuse Legal Service ............................................................20

Supporting Events and Forums ........................................................................................................................21In-house Corporate Lawyers Forum .................................................................................................. 21

7th Asia Pro Bono Conference – Hong Kong .................................................................................. 22

Australian Pro Bono and Skilled Volunteering Summit ............................................................. 23

Pro Bono Academy ................................................................................................................................... 24

Access to Justice and Pro Bono Conference .................................................................................. 24

CONTENTS

DEVELOPING EXPERTISE AND PROVIDING PRACTICAL ASSISTANCE ...........................................................................26Conducting Research and Advocacy ........................................................................................................... 27

Research Roundtable .............................................................................................................................. 27

National Research Investigation into Pro Bono in Australian Law Schools ...................... 28

Advocacy on Government Tender Arrangements ....................................................................... 28

Unbundled Legal Services ..................................................................................................................... 29

Developing and Sharing Expertise ...............................................................................................................30Pro Bono Legal Work: A Guide for Government Lawyers ........................................................30

The Manual and What Works ................................................................................................................ 31

Web Resources ............................................................................................................................................ 32

Legal Training .............................................................................................................................................. 34

Providing Practical Support .............................................................................................................................36National Pro Bono Professional Indemnity Insurance Scheme ............................................. 36

ExpertsDirect Pro Bono Service ........................................................................................................... 37

Assisting the Public .................................................................................................................................... 37

THE ORGANISATION .................................................................................................................................................................38Staff ..............................................................................................................................................................................39Board ...........................................................................................................................................................................40Key Relationships ...................................................................................................................................................43

Australian Governments ......................................................................................................................... 43

UNSW .............................................................................................................................................................. 43

FINANCIAL REPORTS ...............................................................................................................................................................44Statement of Profit or Loss and Other Comprehensive Income .....................................................44Statement of Financial Position as at 30 June 2019 ..............................................................................45Statement of Changes in Equity for the Financial Year Ended 30 June 2019 ...........................45

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THE YEARIN REVIEW

Photo by Roman Bozhko on Unsplash

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NATIONAL PRO BONO TARGET Signatories performed a record number of 473,379.4 pro bono hours – a 14% increase from FY2018

Signatories averaged 35.83 pro bono hours per lawyer

473,379.4

35.83

pro bono hours performed IN TOTAL

PRO BONO HOURS per lawyer

KEY ORGANISER of the 7th National Access to Justice and Pro Bono Conference in March 2019

7 events where the Centre was a co-host or presenter

LAUNCH OF EXPERTSDIRECT PRO BONO SERVICE

Providing free or low-

cost expert witnesses for over 25 pro bono matters

THE CENTRE’S WEBSITES The Centre’s main website had 177,526 PAGE views www.probonocentre.org.au

The Centre’s Social Justice

Opportunities website had 39,180 page views www.sjopps.net.au

The Centre’s CLC Volunteers website had 149,561 page views www.clcvolunteers.net.au

ADVOCACY ON ISSUES AFFECTING PRO BONOResulting in the inclusion of pro bono requirements

in the Commonwealth ‘Whole of Australian

Government Legal Services Panel’

THE CENTRE LAUNCHED 3 NEW PUBLICATIONS Pro Bono Legal Work: A Guide for Government Lawyers – March 2019

Weekly Round-Up – April 2019

Pro Bono Voco – July 2019

SOCIAL MEDIA1 Twitter: the Centre has 1,457 followers / SJOpps has 2,470 followers

LinkedIn: the Centre has 946 followers

Facebook: SJOpps has 3,445 followers

1 As of 16 October 2019

NATIONAL PRO BONO PROFESSIONAL INDEMNITY INSURANCE SCHEME 4,168.7 hours of pro bono work insured under the Scheme

A 16% increase from FY2018

4,168.7

16%

hours OF PRO BONO WORK INSURED

INCREASE FROM FY2018

6TH NATIONAL LAW FIRM PRO BONO SURVEY The 37 respondent firms performed 390,931 pro bono hours – a 0.53% increase since FY2017

390,931

18%

pro bono hours performed BY 37 FIRMS

RISE IN DEDICATED PRO BONO STAFF

Firms reported an 18% overall rise in the number of dedicated pro

bono staff

FY2019 HIGHLIGHTS OF THE CENTRE’S WORK

Over 400 responses

to enquiries from pro bono seekers

THE YEAR IN REVIEW


https://www.sjopps.net.au/

http://www.clcvolunteers.net.au/

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The period under review has been one of change and continuity. Most notably, our CEO of 15 years, John Corker, has retired from the role. John has been a stalwart of pro bono, and has presided over most of the initiatives for which

the Centre is renowned, and which have helped pro bono blossom in Australia. Most significant of those initiatives is the National Pro Bono Target, of 35 hours per lawyer annually. The recently released 12th Annual Performance Report of the National Pro Bono Target is testament to John’s achievement. In the last dozen years pro bono hours worked have grown enormously, from 115,000 hours in 2008 (worked by 2,900 lawyers) to over 470,000 hours last financial year (with over 14,000 lawyers contributing). I would conservatively estimate the value (or opportunity cost) of those pro bono legal services last financial year at $140 million. This is a huge contribution to access to justice and the public good.

John has assiduously worked to expand the pro bono culture from large firms to the mid and smaller sized firms, to corporate lawyers and most recently to government lawyers. The Centre has also taken the opportunity to encourage governments and corporations to adopt legal panel conditions modelled on those developed by the Centre, to the effect that panel firms must sign up for the Target and use their best efforts to achieve it. We are hoping that this will help reduce the significant disparities of effort among, particularly, the larger firms as disclosed in the 12th Report.

Part of that culture, as fostered by John, is a collegiate spirit: the level of cooperation among the pro bono partners and coordinators at the various law firms is inspiring, especially given the intensely competitive nature of the commercial law sector.

John also championed pro bono in the region, helping establish the annual Asia Pro Bono Conference, which has flourished under his guidance. The Centre’s extensive resources have provided a practical foundation for rapid development of pro bono in our region.

John has achieved all of this and much more on a very tight budget. As well as thanking John I thank the Federal and State Attorneys-General for their continued funding of the Centre, the University of NSW for providing us with office accommodation and other support, and Australian Government Solicitor for providing the Centre with a much needed additional staff member, most recently in the form of Trent Wallace, whose perspective, flair and skills have been much appreciated.

The CEO transition to Gabriela Christian-Hare has gone smoothly, and continuity of the Centre’s work was never in doubt. We had an excellent transition process, and I’d like to thank in particular Warwick Bowd from Derwent Search, whose pro bono executive search services were delivered at the highest level, and fellow directors Mary Woodford and Jonathon Hunyor who both helped enormously with the process. Gabi as new CEO has quickly shown her ability to gather and motivate a great team at the Centre, and to continue the tradition of doing a lot with little.

The Constitution of the Centre is structured so that the Board is primarily made up of representatives of the various constituencies of the Centre. This helps ensure both the independence of the Centre and that it has a Board possessed of a wide variety of skills and expertise. It also means that there is regular turnover at the director level. The Centre has been blessed with exceptionally wise and effective contributors, and in this report I must reluctantly farewell, and readily thank, Michael Legg, Associate Professor, School of Law, UNSW, Ed Santow, past CEO of PIAC (and now Human Rights Commissioner), Deborah di Natale, Justice Connect representative (and now CEO at Northern Territory Council of Social Service) and Susan Robertson, Acting First Assistant Secretary, Legal Policy Division, Attorney-General’s Department, while welcoming Tamsyn Harvey, First Assistant Secretary, Legal Services Policy Division, Attorney-General’s Department, Justine Rogers, Senior Lecturer, School of Law, UNSW and Chris Povey, CEO of Justice Connect, onto the Board. Prof Lesley Hitchens, Dean of Law at UTS, who was also inaugural Chair of our Research and Policy Committee, passed on her Council of Australian Law Deans baton to Prof Robert Cunningham, Dean and Head, Curtin Law School, in August this year. I thank all directors for their invaluable contributions.

Phillip Cornwell

CHAIR

FROM THECHAIRPhillip Cornwell


https://www.probonocentre.org.au/wp-content/uploads/2019/09/2019.09.19_Target-Report-FINAL.pdf

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One of my most memorable moments of the last year was sitting in a plenary session at the National Access to Justice and Pro Bono Conference in Canberra in March. Surrounding me was a ballroom full of our country’s

pro bono leaders. I was struck by how prolific these individuals and their teams have been in growing and developing their pro bono practices, but also how visionary and high-impact these practices have become. Pro bono support provides the only route to justice for some of the most vulnerable members of our community and vital assistance to a wide range of not-for-profits and charities. Thanks to the dedication and excellence of these lawyers, Australia is now a global leader in pro bono service delivery.

As the national peak body for pro bono legal work, it is a privilege to sit at the heart of the pro bono community. I am grateful that the Centre enjoys the immense goodwill and support of the community and social justice sector more broadly with the range of activities we undertake.

This year has been one of significant change for the leadership of the Centre. In April 2019 the Centre’s former CEO, John Corker, became a Consultant to the Centre until July 2019 when he retired. John is now dedicating his time to a range of vocational pursuits and other interests. During his 15 years at the helm of the Centre, he helped to transform the Australian pro bono landscape and inspire the development of legal pro bono in other countries. I personally gained a huge amount from working under John’s wing as Head of Policy and Strategy and I wish to thank him for the support and guidance he gave me leading to my appointment as CEO in May 2019.

One of the Centre’s key activities continues to be the management and promotion of the National Pro Bono Target. Pro bono hours reported to the Centre by Target signatories this year indicate a growing commitment to pro bono, with a 14% rise in pro bono hours. The Target remains a critical program in promoting pro bono legal work and we have continued to work with governments

in Australia to integrate Target requirements into their legal services panel arrangements. With the support of the pro bono community, the Centre’s efforts resulted in the inclusion of pro bono requirements in the new Commonwealth Whole of Australian Government Legal Services Panel arrangements commencing in August 2019. We have also provided briefings to the WA government which is introducing pro bono requirements in their panel arrangements.

We have added to our library of unique resources by publishing a new guide for government lawyers, Pro Bono Legal Work: A Guide for Government Lawyers. The guide aims to spark greater enthusiasm for pro bono work among individual government lawyers and to be an excellent resource for government agencies and departments looking to formalise their pro bono commitment.

In August 2018 we held a follow-up event for in-house corporate lawyers at the Law Society of NSW, following the launch of our guide for corporate lawyers with the Law Society of NSW and Association of Corporate Counsel in 2017. The feedback and number of attendees at the event attest to the utility of the publication in further encouraging pro bono involvement by this cohort of lawyers.

This year we conducted the 6th National Law Firm Pro Bono Survey. This biennial Survey is the Centre’s primary research activity. It has become the benchmark report of data and analysis on large law firm pro bono work and the key resource on notable pro bono trends used by firms, other legal practitioners, pro bono referral agencies and other organisations within the social justice sector. Other research activities include hosting a Research Roundtable in October 2018 at Norton Rose Fulbright, Sydney, which brought together research and evaluation professionals, government officers, legal assistance providers and law firm pro bono providers to explore research partnerships and funding sources.

This year’s National Access to Justice and Pro Bono Conference held in Canberra was co-chaired by the Centre along with the Law Council of Australia and ACT Law Society. This biennial conference is unique in bringing together lawyers from across the legal assistance sector with pro bono providers, policy makers, CLC staff, members of the judiciary and others. A program of presentations and panel discussions covered a wide range of current access to justice and pro bono topic areas.

We have embarked on some exciting new communications products to both engage and resource the pro bono community, including the Weekly Round-Up of Pro Bono in the News, launched in April 2019, and our new biannual longer-form publication, Pro Bono Voco, launched in July 2019.

FROM THE CEOGabriela Christian-Hare

»

THE YEAR IN REVIEW

9

I would like to acknowledge the dedication and stellar work of the Centre’s staff during the year. The activities of the Centre are made possible only through their professionalism and excellence. During the course of the last year we said goodbye to Susan Hunt, Hsu-Ann Lee, Hannah Meyer and Juhi Jin, all of whom provided invaluable support to the Centre in a variety of capacities.

In the last year we hired our new Project Officer, Natasha Rose, and Policy & Project Officer, Sally Embelton, who have given tremendous support to the work of the Centre, along with our new Head of Policy & Strategy, Jessica Hatherall, who started in July 2019. The work of the Centre has been helped immensely by the support of Australian Government Solicitor who provided the Centre with secondee Policy & Project Officers, Claudia Crause followed by Trent Wallace. In a team of five dedicated staff, AGS’s generosity significantly enhances the capacity of the Centre to fulfil its mission.

I wish to thank our Chair, Phillip Cornwell, for the support he provides to the Centre and to me personally in my new role as CEO, and every other Board member for sharing their time, insights and inspiration with the Centre.

The very existence of the Centre is only made possible through the funding support of the Commonwealth Attorney-General’s Department and the funding we receive from each of the eight States and Territories. I also thank UNSW for continuing to provide the Centre with its home, many of our operational resources and the support of student interns through its experiential learning program.

I look forward to the coming year, as the Centre plans for its new Strategic Plan starting mid-2020 and forms its goals and priorities over the coming years.

Gabriela Christian-Hare

CEO

After 15 years leading the Centre, CEO John Corker stepped down from the role in April 2019. John led numerous significant initiatives during that period and was central to the continuing development of pro bono legal work in Australia. John encouraged the pro bono community to work together, gain strength and direct its limited capacity to meet areas of unmet legal need.

FAREWELL TO JOHN CORKER

»

John speaking at his farewell event in August 2019


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“ W h a t l aw ye rs d o by w ay o f p ro b o n o l e g a l s e r v i ce i s m o re i m p o r t a n t t h a n eve r i n c u r re n t t i m e s. W i t h t h e f ra g m e n t a t i o n o f m a s s m e d i a a s a re l i a b l e s o u rce o f i n fo r m a t i o n , i n c re a s e d p o l i t i c a l c r i t i c i s m o f l aw ye rs a n d j u d g e s a n d t h e i r d e c i s i o n s, a h a rd e n i n g o f a tt i tu d e s to t h o s e l e s s fo r tu n a te , a n d a s e e m i n g d i s re s p e c t by s o m e fo r t h e r u l e o f l aw, t h e p ro b o n o co m m i t m e n t by t h e l e g a l p ro fe s s i o n i s m o re i m p o r t a n t t h a n eve r.”

John Corker, in his farewell speech on 22 August 2019

Some of John’s significant achievements during his time leading the Centre include:

• the introduction of the National Pro Bono Target, which has become the key benchmark for pro bono performance in Australia

• the establishment of the National Pro Bono Professional Indemnity Insurance Scheme, which provides insurance for dozens of pro bono projects

• the development of many of the Centre’s key resources, including the Australian Pro Bono Manual, Pro Bono Partnerships and Models: A Practical Guide to What Works, Pro Bono Legal Work: A Guide for In-house Corporate Lawyers and Pro Bono Legal Work: A Guide for Government Lawyers

• the launch of the ExpertsDirect Pro Bono Service, which provides free and low cost witness services in legal cases assisting those experiencing disadvantage

• advocacy on many crucial issues that have supported the growth of pro bono in Australia, particularly:

» the introduction of voluntary practising certificates, and the addition of conditions to practising certificates in most State and Territory jurisdictions that make it clear that holders are authorised to provide pro bono legal services

» the inclusion of pro bono incentives and conditions in several government legal purchasing arrangements

• co-organisation of the annual Asia Pro Bono Conference.

John was farewelled by the pro bono community on Thursday 22 August 2019 at an event hosted by DLA Piper.

The Centre and the broader pro bono community are grateful for John’s exceptional contribution to the sector. He will be greatly missed.

THE YEAR IN REVIEW

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https://www.probonocentre.org.au/provide-pro-bono/target/

https://www.probonocentre.org.au/provide-pro-bono/pi-insurance-scheme/


https://www.probonocentre.org.au/aus-pro-bono-manual/

https://www.probonocentre.org.au/whatworks/


https://www.probonocentre.org.au/in-house-guide/


https://www.probonocentre.org.au/government_guide/


https://www.probonocentre.org.au/expertsdirect-pro-bono-service/

https://www.probonoconference.org/

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STRENGTHENING AND PROMOTING PRO BONO LEGAL WORK

Photo by Lindsay Henwood on Unsplash11

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T h e N a t i o n a l Pro B o n o Ta rg e t ( fo r m e r l y t h e N a t i o n a l Pro B o n o A s p i ra t i o n a l Ta rg e t ) i s a d m i n i s te re d a n d p ro m o te d by t h e A u s t ra l i a n Pro B o n o Ce n t re . I t i s a vo l u n t a r y t a rg e t t h a t l aw f i r m s, i n co r p o ra te d l e g a l p ra c t i ce s, s o l i c i to rs a n d b a r r i s te rs c a n a d o p t by s i g n i n g a St a te m e n t o f Pr i n c i p l e s.

S i g n a to r i e s to t h e Ta rg e t a g re e to u s e t h e i r b e s t e f fo r t s to p rov i d e a t l e a s t 3 5 h o u rs o f “ p ro b o n o l e g a l s e r v i ce s ” p e r l aw ye r p e r ye a r. S i g n a to r i e s re p o r t a n n u a l l y to t h e Ce n t re o n t h e i r p e r fo r m a n ce a g a i n s t t h e Ta rg e t .

SUSTAINING COMMITMENT TO PRO BONOTHE NATIONAL PRO BONO TARGET

The Centre released its 12th Annual Performance Report of the National Pro Bono Target in September 2019. The report sets out the performance of signatories to the Target during the 2018-2019 financial year (FY2019).

Australian lawyers undertook a record number of 473,379.4

pro bono hours in FY2019, providing disadvantaged and vulnerable individuals with access to justice and vital legal support to the organisations that support them. This is the highest number of pro bono hours ever reported by signatories to the Target – and is an increase of 14.11% from FY2018. These total hours equate to 263 lawyers working pro bono full-time for one year.2

Target signatories reported undertaking an average

of 35.83 hours of pro bono legal services per lawyer in FY2019, exceeding the Target of 35 hours. This is an increase from 34.97 hours in FY2018.

As at 30 June 2019 there were 161 signatories to the Target. A record 14,057

full-time equivalent (FTE)

lawyers are now covered by the Target. This is a significant increase from last financial year, when 12,051 FTE lawyers were covered by the Target. It is evident through the 2019 Target results that pro bono conditions in Commonwealth government tender arrangements are having an important influence on the growth of the number of signatories.

IN FY2019:

2 Based on the assumption of a 37.5 hour working week for 48 weeks a year.

2,895

4,378

5,6775,889

7,673

8,763

10,91611,235 11,185

11,796

115,334

183,772

223,612 220,497

262,662

294,329

365,716372,602

402,216420,195

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

12,051

2018

414,844

100

200

300

400

500

0 0

3

6

9

12

15

2019

473,379

14,057

TARGET SIGNATORIES: 2008-2019FTE LAWYERS COVERED BY THE TARGET / TOTAL PRO BONO HOURS

FTE lawyers covered by Target (figures in black)

Total pro bono hours (figures in brown)

Tota

l pro

bon

o ho

urs

(thou

sand

s)

FTE

law

yers

cov

ered

by

the

Targ

et (t

hous

ands

)




https://www.probonocentre.org.au/provide-pro-bono/target/statement-of-principles/

https://www.probonocentre.org.au/information-on-pro-bono/definition/

1312

“ T h i s ye a r ’s p l e a s i n g re s u l t s d e m o n s t ra te t h e Au s t ra l i a n l e g a l p ro fe s s i o n’s g row i n g co m m i t m e n t to p ro b o n o l e g a l wo r k . S i n ce t h e

Ta rg e t’s i n t ro d u c t i o n i n 2 0 0 7 , we h ave s e e n a n ove ra l l s te a d y i n c re a s e i n t h e n u m b e r o f p ro b o n o h o u rs re p o r te d , a n d t h e n u m b e r o f F T E l aw ye rs

cove re d by t h e Ta rg e t .

We s h o u l d a p p l a u d t h e wo r k o f Au s t ra l i a’s p ro b o n o co m m u n i t y fo r a s s i s t i n g a n d e m p owe r i n g t h e m o s t d i s a d va n t a g e d m e m b e rs o f o u r

co m m u n i t y a n d s u p p o r t i n g t h e r u l e o f l aw. P ro b o n o l e g a l wo r k i s a c r u c i a l p i l l a r o f a cce s s to j u s t i ce , a n d a n i n te g ra l p a r t o f t h e p ro fe s s i o n a l l i fe o f

t h o u s a n d s o f Au s t ra l i a n l aw ye rs.”

Gabriela Christian-HareCEO of the Australian Pro Bono Centre

AT LEAST

35 HOURSOF “PRO BONO

LEGAL SERVICES”PER LAWYER

PER YEAR

IN FY2019:

45.52%

35.83pro bono hoursper lawyer

• An increase from 34.97 hours

per lawyer in FY2018

of Signatories met or exceeded

the Target

• down by 1.08% since FY2018

14,056.6fte

lawyers were covered

by the target• up by 2,005.3 lawyers

since FY2018

Signatories reported undertaking

473,379.4 hours of ‘pro bono legal services’ 3

• up by 58,535.9 pro bono hours (14.11%)

since FY2018• equivalent to 263

lawyers working full time for one

year4

3 In this report, the contribution of Signatories who joined the Target after 1 July 2018 is included for the purpose of reporting the total number of hours of pro bono legal services performed and the total number of FTE lawyers covered by the Target, but excluded for the purpose of calculating hours per FTE lawyer per year. This is due to the distorting effect of figures provided by these Signatories that cover less than the full year. 4 Calculated on the basis of a 37.5 hour working week over 48 weeks.



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NATIONAL LAW FIRM PRO BONO SURVEY

The 2018 Survey results demonstrate a growing dedication to, and maturity in, pro bono legal practice among the largest firms in Australia. The 2018 results indicate an 18% overall rise in the number of dedicated pro bono staff, and the appointment of more full-time pro bono managers/coordinators. An increasing number of firms are setting operational budgets for pro bono programs and taking

measures to evaluate their programs. Management and partnership support and leadership continues to be the single most crucial factor to the success of a firm’s pro bono program. It is also evident from the 2018 Survey results that pro bono conditions in government tender arrangements continue to have an important influence on the growth of pro bono legal work among firms of 50 or more lawyers.

O n 1 9 Fe b r u a r y 2 0 1 9 , t h e Ce n t re re l e a s e d i t s Re p o r t o n t h e S i x t h

N a t i o n a l L aw F i r m Pro B o n o Su r vey

– A u s t ra l i a n f i r m s w i t h f i f ty o r m o re

l aw ye rs ( Re p o r t ) . T h e Su r vey i s co n d u c te d b i e n n i a l l y a n d fo r m s p a r t o f a l o n g i tu d i n a l s tu d y o f p ro b o n o l e g a l wo r k p e r fo r m e d by l a rg e l aw f i r m s i n A u s t ra l i a , w h i c h co m m e n ce d i n 2 0 0 8 . T h i r ty- s eve n o f t h e 6 2 A u s t ra l i a n f i r m s w i t h 5 0 o r m o re f u l l - t i m e e q u i va l e n t l aw ye rs a s a t 3 0 J u n e 2 0 1 8 re s p o n d e d to t h e Su r vey. T h e to t a l n u m b e r o f p ro b o n o h o u rs co n d u c te d by re s p o n d e n t f i r m s ro s e by 0 . 5 3 % s i n ce 2 0 1 6 to 3 9 0 , 9 3 1 h o u rs, d e s p i te fo u r fewe r f i r m s re s p o n d i n g i n 2 0 1 8 t h a n i n 2 0 1 6 . I n 2 0 1 8 , f i r m s w h i c h a re s i g n a to r i e s to t h e N a t i o n a l Pro B o n o Ta rg e t co n t i n u e d to u n d e r t a ke s i g n i f i c a n t l y m o re h o u rs o f p ro b o n o l e g a l wo r k o n ave ra g e ( 3 2 . 3 9 h o u rs p e r l aw ye r ) t h a n n o n - s i g n a to r i e s ( 1 5 . 0 4 h o u rs p e r l aw ye r ) .

7 �rms (78%)

5 �rms (71%)

7 �rms (44%)

8 �rms (57%)

3 �rms (19%)

2 (10%)

2 �rms (22%)

2 �rms (29%)

4 �rms (25%)

3 �rms (21.5%)

1 (1%)

3 �rms (21.5%)

10 �rms (62%) 3 �rms (19%)

17 �rms (85%) 1 (5%)

10% 20% 30% 40% 50% 60% 70% 80% 90% 100%0%

2016

2018

2016

2018

2016

2018

Gro

up A

Gro

up B

Gro

up C

PRO BONO COORDINATORS AND MANAGERS

Full-time coordinators Part-time coordinators No coordinator

GROUP A firms have 450 or more full-time equivalent (FTE) lawyers.

GROUP B firms have 201 – 449 FTE lawyers.

GROUP C firms have 50 – 200 FTE lawyers.

https://www.probonocentre.org.au/wp-content/uploads/2019/02/Report-of-the-Sixth-National-Pro-Bono-Survey-2018.pdf




1514

The top five areas of law in which pro bono assistance was provided by respondents in 2018 were Employment Law (20 nominations), Governance (14), Commercial Agreements (13), Corporate Law (including incorporations) (13) and Charity and Deductible Gift Recipient Status Applications (13).

The top three pro bono client groups (particularly among the large firms), were asylum seekers, Aboriginal and Torres Strait Islanders, and people experiencing homelessness. Data also demonstrated the diversity within top client groups, which included youth/children in need, people with a disability, LGBTIQ people, victims of discrimination, victims of crime, people suffering from cancer, seniors, and various not-for-profits, charities and social enterprises.

Continuing the trend in every Survey since 2008, the most rejected areas of law were criminal law (12 firms) and family law (nine firms), reflecting that most firms in the Survey cohort do not commonly retain lawyers with the unique skillsets required to practice in these areas.

The Survey data illuminates the growing trend towards commitment to and investment in pro bono legal work. Performance in pro bono matters is now a key component of lawyer appraisals and recognition of pro bono work through internal awards, events and communication is also on the rise, but there is concurrently a concerning declining trend in firms providing full billable hour credit for pro bono work.

0

10

20

30

40

50

60

70

Criminal

Family

Employment

CivilEstate m

gmt

Commercial

Immigratio

nPublic interest

Public/administrativ

e10 10

2 2

2320

27 27

1417

6358

1611

2025

21 20

Num

ber o

f firm

s th

at n

omin

ated

are

a of

law

2016 2018

TOP FIVE AREAS OF LAW (GROUPED INTO PRACTICE AREAS) IN 2016 AND 2018


16

ENHANCINGPUBLIC VISIBILITY

WEEKLY ROUND-UP

The Centre launched its new publication, Weekly Round-Up of Pro Bono in the News, in April 2019. Each week the Centre distributes some of the top news stories relating to pro bono legal work and access to justice to an audience of 1,427 subscribers.5

The Weekly Round-Up also provides the Centre with the opportunity to feature updates about its activities, and draw attention to other events taking place within the pro bono community. The Round-Up has become a key Centre resource, helping our subscribers feel more engaged with current pro bono issues and providing an opportunity for the Centre to regularly connect with its key stakeholders.

“ T h e Au s t ra l i a n P ro B o n o Ce n t re ’s We e k l y Ro u n d - U p i s a n exce l l e n t s o u rce o f i n fo r m a t i o n . We f i n d i t i s a n i nva l u a b l e re s o u rce w h i c h a l l ows u s to s t ay u p to d a te o n n ews a n d d eve l o p m e n t s r i g h t a c ro s s t h e p ro b o n o a n d l e g a l a s s i s t a n ce s e c to r.”

Laura Muir - Pro Bono Case Manager, Cancer Council

“ I e n j oy re a d i n g t h e Ce n t re ’s We e k l y Ro u n d - U p to ke e p m e u p to d a te o n a l l t h i n g s h a p p e n i n g i n t h e p ro b o n o s e c to r a n d to i n s p i re m e to co n t i n u e s t r i v i n g fo r p o s i t i ve c h a n g e a n d g re a te r a cce s s to j u s t i ce fo r t h o s e l e s s fo r t u n a te i n o u r co m m u n i t i e s.”

Leanne Collingburn - National Pro Bono Executive (Special Counsel), Norton Rose Fulbright5 As at 15 October 2019.


16

https://www.probonocentre.org.au/australian-pro-bono-news/weekly-roundup/

https://www.probonocentre.org.au/australian-pro-bono-news/weekly-roundup/

1716

PRO BONO VOCO

In early 2019, the Centre commenced work on its new long-form biannual publication, Pro Bono Voco. Pro Bono Voco highlights the tremendous work of the Australian pro bono community. It features pro bono projects, profiles leaders within the pro bono community, and provides updates on key developments. The first edition was released in July 2019 and included contributions from:

• Emma Maple-Brown of Herbert Smith Freehills on her pro bono secondment to the Indigenous Law Centre

• Isabelle Reinecke of the Grata Fund, on the power of public interest litigation

• Kate Fazio on Justice Connect’s ground-breaking Gateway Project

• Cherie Blair CBE, QC and Gabrielle Holly of Omnia Strategy (UK), on acting pro bono in a high-profile UK Supreme Court appeal, and more.

“ Move m e n t l aw ye r i n g a l s o re p re s e n t s a n a r ra t i ve s h i f t a ro u n d t h e ro l e o f t h e

p u b l i c i n te re s t l aw ye r. I t h e l p s u s a s a p ro fe s s i o n to

m ove away f ro m t h e s to r y o f t h e l aw ye r a s t h e s av i o u r o f

m a rg i n a l i s e d co m m u n i t i e s, to o n e w h e re we fo c u s o n

t h e wo r k b e i n g d o n e by co m m u n i t i e s a n d s o c i a l

m ove m e n t s to a d d re s s s o c i a l c h a l l e n g e s eve r y d ay.”

From the Pro Bono Voco article A young, vibrant organisation with

a bold plan by Grata Fund’s Isabelle Reinecke

“ … My o b s e r va t i o n i s t h a t t h e re i s n o t e n o u g h l i s te n i n g

g e n e ra l l y i n o u r wo r l d – p a r t i c u l a r l y i n d i s c u s s i o n s w i t h m i n o r i t y g ro u p s. N ow h e re i s t h i s m o re o bv i o u s t h a n i n t h e h i s to r y o f t h e t re a t m e n t o f F i rs t N a t i o n s p e o p l e i n o u r

co u n t r y.”

From the Pro Bono Voco article HSF Pro Bono Secondment to the Indigenous Law Centre by Emma Maple-Brown


17

https://www.probonocentre.org.au/australian-pro-bono-news/pro-bono-voco/


18

AUSTRALIAN PRO BONO NEWS

Australian Pro Bono News updated the sector about pro bono legal work in Australia and internationally. After 16 years of publication, the final issue was released in April 2019, with two new publication formats developed in replacement (Weekly Round-Up of Pro Bono in the News and Pro Bono Voco).

At the time of final publication, the newsletter had a strong following of 1,381 subscribers, up from 1,194 in the previous year. A total of 35 articles were published in FY2019.

NATIONAL PRO BONO DAY

This year, National Pro Bono Day was on 14 May 2019. To celebrate, the Centre published an article featuring a number of prominent Australian pro bono lawyers describing their most memorable pro bono experiences. The article also drew attention to Walks for Justice that took place in Queensland, South Australia and Western Australia to raise funds for local pro bono referral organisations.

This article enhanced the public visibility of the excellent pro bono work being done across Australia, with its stories garnering a cumulative 500 reactions across various social media platforms.6

“ My m o s t m e m o ra b l e c l i e n t s a re Sto l e n G e n e ra t i o n s s u r v i vo rs f ro m t h e K i n c h e l a B oys H o m e . O ve r t h e p a s t d e c a d e we h ave wo r ke d to g e t h e r o n m a ny d i f fe re n t c h a l l e n g e s – a g ro u p c l a i m fo r u n p a i d wa g e s, p o l i ce m a t te rs a n d a d vo c a t i n g fo r a N SW Sto l e n G e n e ra t i o n s re p a ra t i o n s co m p e n s a t i o n f ra m ewo r k . T h e co u ra g e a n d re s i l i e n ce o f t h e U n c l e s i s a l ways i n s p i r i n g .”

Brooke Massender, Head of Pro Bono, Herbert Smith Freehills

“ . . . I t h i n k o f t h e t h o u s a n d s o f p e o p l e we h ave a c te d fo r, a n d n o n e i s m o re m e m o ra b l e t h a n o u r wo r k fo r t h e l a te A n d rew Ma l l a rd . P ro b a b l y n o t h i n g w i l l eve r co m p a re to h av i n g t h e H i g h Co u r t q u a s h a m u rd e r co nv i c t i o n to re l e a s e f ro m g a o l a c l i e n t w h o h a d s e r ve d a l m o s t 1 2 ye a rs fo r a c r i m e h e h a d n o t co m m i t te d .”

David Hillard, Pro Bono Partner, Clayton Utz

“ I re m e m b e r v i s i t i n g o n e c l i e n t i n d e te n t i o n a n d s e e i n g t h e d e t r i m e n t a l e f fe c t o f t h a t e nv i ro n m e n t o n h e r. We s p o ke o f o u r h o p e s t h a t o n e d ay we wo u l d b e a b l e to m e e t i n d i f fe re n t s u r ro u n d s – t h e f re e d o m o f a co f fe e s h o p i n Syd n ey. Ma ny m o n t h s l a te r we we re a b l e to d o exa c t l y t h a t a n d i t wa s a ve r y s p e c i a l m o m e n t . I t p rov i d e s a re m i n d e r to m e t h a t o u r a d vo c a c y c a n a n d d o e s c h a n g e l i ve s. . . T h a t i s w hy p ro b o n o l e g a l a s s i s t a n ce i s s o i m p o r t a n t .”

Heidi Nash-Smith, Partner, Wotton+Kearney

6 As at 22 October 2019.

https://www.probonocentre.org.au/media/pro-bono-day-2019/

1918

SOCIAL MEDIA7

The Centre uses social media strategically to draw attention to powerful stories that demonstrate how pro bono assistance can increase access to justice for socially disadvantaged and/or marginalised persons. It also uses social media to enhance the public visibility of its work, and to strengthen its public presence as a centre of expertise within the Australian legal assistance sector.

SJOpps is a highly successful service which uses a website and social media to list volunteer and paid social justice positions targeted at law students and early-career lawyers.

1,457FOLLOWERS

173 TWEETS

166,713

946FOLLOWERS

98 POSTS

62,132IMPRESSIONS

2,470FOLLOWERS

SJOPPS TWITTER

MEDIA ENGAGEMENT

The Centre engages with the media to share its expertise, and to promote the importance of pro bono legal work. The Centre wrote the following published articles in FY2019:

• Limited scope services: lessons from the Legal Assistance Sector, John Corker, Law Society Journal, December 2018

• I, the awful Aboriginal, Trent Wallace, Law Society Journal, July 2019.

The Centre also issued 5 media releases in FY2019:

• Review of community legal centres recognises importance of resourcing to leverage pro bono support: 1 August 2018

• Pro bono on target but hours down: 11 October 2019

• Experts to team up with pro bono lawyers: 12 November 2018

• Survey shows consolidation of law firm pro bono programs: 15 February 2019

• Australian Pro Bono Centre appoints new CEO: 20 May 2019.

AN INCREASE IN FOLLOWERS OF 16%

AN IN

CREASE IN FOLLOWERS OF 115%

IMPRESSIONS

AN IN

CREASE IN FOLLOWERS OF 14%

3,445FOLLOWERS

SJOPPS FACEBOOK

7 Statistics as at 16 October 2019.


19

https://lawsociety.cld.bz/LSJ-December-2018/80/

https://lsj.com.au/articles/i-the-awful-aboriginal/

https://www.probonocentre.org.au/about-the-centre/news-media/

http://www.probonocentre.org.au/media/media-release-review-of-clcs-recognises-importance-of-resourcing-to-leverage-pro-bono-support/

http://www.probonocentre.org.au/media/media-release-review-of-clcs-recognises-importance-of-resourcing-to-leverage-pro-bono-support/

http://www.probonocentre.org.au/media/target-2018/

http://www.probonocentre.org.au/media/experts-team-up-with-probono-lawyers/

http://www.probonocentre.org.au/media/survey-shows-consolidation-of-law-firm-pro-bono-programs/

https://www.probonocentre.org.au/media/appoints-new-ceo/

20

SUPPORT FOR DEVELOPMENT OF COLLABORATIVE PRO BONO MODELS

The Centre supports a diverse range of pro bono models and has continued to liaise with the various clearing houses and pro bono referral schemes around the country, including Justice Connect (VIC & NSW), JusticeNet SA, LawRight QLD and Law Access WA. In August 2018 and November 2018, the Centre facilitated national meetings between these pro bono clearing houses to share knowledge and updates from each jurisdiction.

Each of these organisations is delivering a diverse range of targeted pro bono legal services to persons and organisations that would not otherwise have access to these legal services. This year, these organisations raised over $260,000 for pro bono disbursements funds through the various Walks for Justice.

REDFERN LEGAL CENTRE – FINANCIAL ABUSE LEGAL SERVICE

In 2018 and early 2019 the Centre assisted Redfern Legal Centre (RLC) to develop a strategy to engage in-house corporate lawyers to assist with its new Financial Abuse Legal Service, launched in June 2019. RLC’s Financial Abuse Legal Service provides free, confidential legal information and advice to people across NSW who have money problems due to domestic abuse in an intimate partner relationship.

The Service aims to address a number of legal concerns relating to financial abuse, including coercion to sign documents, taking out loans or making false declarations, identify theft to secure credit, and payment of utility bills.

On 7 December 2018, the Centre’s Gabriela Christian-Hare presented alongside Redfern Legal Centre at King & Wood Mallesons to a range of corporate representatives. Pro bono supporters of the service in its early days include King & Wood Mallesons and Ashurst, along with in-house lawyers from a range of Sydney-based corporations, including PwC, AMEX and Telstra.

COMMUNITY BUILDING

Photo by Timon Studler on Unsplash


20

2120

SUPPORTING EVENTS AND FORUMS

IN-HOUSE CORPORATE LAWYERS FORUM

On 22 August 2018, the Australian Pro Bono Centre and Law Society of NSW hosted an evening forum to engage and support in-house corporate lawyers to do pro bono legal work.

The event marked the one-year anniversary of the launch of the guide, Pro Bono Legal Work – A Guide for In-house Corporate Lawyers, a joint initiative by the Centre, Law Society of NSW and Association of Corporate Counsel (ACC) Australia to encourage participation by in-house corporate lawyers in pro bono legal work.

The event focused on the relationship between legal pro bono work and corporate social responsibility and showcased existing in-house corporate legal pro bono programs. Representatives from the ACC, the Law Society of NSW and the Centre also spoke in support of the development of in-house pro bono programs and policies, highlighting the many benefits of involvement for both staff and corporations.

Speakers at the event included:

• Lori Middlehurst (NSW Divisional President - then Vice President - of ACC Australia), highlighting the importance of connecting the willing to the legal need

• Dan Creasey (Head of Pro Bono and Community Impact at King & Wood Mallesons), focusing on the link between legal pro bono work and corporate social responsibility, the Sustainable Development Goals and UN Global Compact

• Alison Ryan (Senior Solicitor, Refugee Advice and Casework Service – RACS), Gemma Livingston (National Pro Bono Coordinator, Norton Rose Fulbright), Ailsa Bailey (Senior Legal Counsel, Corporate & Institutional Banking, Commercial Services, National Australia Bank) and Lauren Miller (General Counsel, Carnival Australia), speaking on a panel facilitated by the Centre’s Gabriela Christian-Hare, discussing how RACS engages and manages pro bono legal assistance

• Rania Tannous (Senior Legal Counsel, AMP), describing the organisation’s pro bono legal work for the Cancer Council, noting the features of a successful start-up in-house pro bono program and how she utilised the Centre’s guide to help her form a strong pro bono program.

• The Centre’s Gabriela Christian-Hare, discussing the insurance it provides to in-house corporate lawyers through the National Pro Bono Professional Indemnity Insurance Scheme (see page 36 for further details about the Scheme).

In-house counsel representing a wide variety of corporations and industries were present at the event. Many attendees expressed enthusiasm for pro bono work, and a strong desire to establish robust in-house programs to encourage participation.

“ L aw ye rs c a n b e co n ce r n e d t h a t t h ey

d o n’ t h ave t h e re l eva n t s k i l l s [ fo r p ro b o n o

wo r k ] . B u t s k i l l s s u c h a s l i s te n i n g e f fe c t i ve l y,

i d e n t i f y i n g re l eva n t fa c t s a n d p u t t i n g t h e

fa c t s i n to a l o g i c a l o rd e r a re s k i l l s a l l

l aw ye rs h ave . Eve n j u s t u n d e rs t a n d i n g c l i e n t

co n f i d e n t i a l i t y a n d u n d e rs t a n d i n g h ow

to re l a te to c l i e n t s a t a p ro fe s s i o n a l l eve l

t a ke s l aw ye rs a l o n g way.”

Lauren Miller, General Counsel, Carnival Australia

Rania Tannous, Senior Legal Counsel at AMP, presenting at the Forum


21




22

7TH ASIA PRO BONO CONFERENCE – HONG KONG

John Corker and Gabriela Christian-Hare represented the Centre at the 7th Asia Pro Bono Conference held in Hong Kong on 25-27 October 2018. The conference’s theme was “Inspire. Impact.”, attracting over 400 delegates (including more than 25 Australians).

It was fitting that the 2018 Asia Pro Bono Conference was held in Hong Kong, where the legal profession had been working hard in recent years to advance and develop the pro bono activity of its lawyers. Australians Annette Bain (Pro Bono Counsel – Asia, DLA Piper), and Davyd Wong (President and Founder of the Hong Kong Centre for Pro Bono Service and General Counsel at Star Anise), worked together with a talented local team to stage the conference.

Sessions focused on key social issues facing the region, including the increasing number of people who lack legal identity, people trafficking, the plight of migrant workers, imprisonment of women for drug offences, ageing populations, and refugees and resettlement. Interspersed with these sessions were others focused on law firm practice and challenges, the role of paralegals and the legal empowerment movement, and the developing business and human rights agenda. All this provided a program with a thoughtful balance between unmet legal need and the challenges associated with meeting that need.

A number of Australian pro bono leaders led sessions, including Dan Creasey of King & Wood Mallesons on the challenges of managing local circumstances alongside global intentions. Cate Martin of DLA Piper led a session on Global Pro Bono and the UN, providing recent examples of where the UN and pro bono providers have collaborated and discussing the increasing role of the Sustainable Development Goals in creating a useful framework for pro bono projects. David

Hillard of Clayton Utz spoke in a session about pro bono for migrant workers, outlining the compensation claims that Clayton Utz had conducted for victims of slavery in Australia, and in another session on what a social justice lawyer looks like.

The Centre’s John Corker facilitated a Beginners Guide to Pro Bono in Asia session with Tan Cheow Hung (Beacon Law Corporation, Singapore), Leontine Chuang (PILnet, Hong Kong), Mary Ho (in-house counsel for UBS in Hong Kong), and Trishna Mohan Kripalani (coordinator for TrustLaw in the Asian region). A new guide for in-house counsel in Hong Kong, prepared by DLA Piper and the ACC, was also launched at the conference.

The conference continues to strengthen and provide a vehicle for development of the pro bono movement in Asia. Most rewarding are the stories of delegates from previous years who report on the implementation of new pro bono policies and projects in their home countries which were inspired by the conference.

Top: The Centre’s former CEO, John Corker, speaking at the conferenceBottom: Attendees at the conference

2322

On 1 November 2018, the Centre’s then Head of Policy & Strategy, Gabriela Christian-Hare, participated in a panel discussion on measuring impact and storytelling at the Australian Pro Bono & Skilled Volunteering Summit at Westpac in Sydney. Fellow panellists were Kelly O’Shaughnessey (Associate Director, Corporate Responsibility at National Australia Bank), and Taimur Siddiqi (Managing Director, The Incus Group). The panel was facilitated by the late Anton Hermann (then Director, Pro Bono & Community Investment, MinterEllison). Together, they shared their experiences and advice on the reasons for, best practices in, and challenges associated with, measuring impact. They also discussed the importance of storytelling, particularly as a tool for staff engagement in pro bono.

The Summit brought together corporates, law firms, intermediaries, and pro bono experts to engage, share innovative techniques and best practices to scale pro bono.

Representatives from Westpac, Macquarie, CBA, NAB, Ashurst, Atlassian and a range of other organisations shared their experiences in building a ‘business case’ for pro bono and the role of pro bono in corporate leadership programs and talent development. Benojo, The Good Company, Vollie and Australian Business Volunteers discussed the role of intermediaries. Case studies on building and sustaining impactful non-profit partnerships were also shared.

AUSTRALIAN PRO BONO AND SKILLED VOLUNTEERING SUMMIT

The Centre’s Gabriela Christian-Hare at the Summit


23


24

ACCESS TO JUSTICE AND PRO BONO CONFERENCE

The 7th National Access to Justice and Pro Bono Conference held in Canberra on 14-15 March 2019 continued the tradition of providing a forum for in-depth discussion about contemporary access to justice and pro bono issues. The conference was a partnership between the Australian Pro Bono Centre

PRO BONO ACADEMY

On 19 and 20 November 2018, the Centre participated in the Pro Bono Academy for pro bono lawyers hosted by DLA Piper and Ashurst in Sydney. Organisation for the Academy was led by Catriona Martin (Pro Bono Director – Asia Pacific, DLA Piper), and Hannah Rose (Partner, Sparke Helmore).

The two-day academy covered a range of topics, including the business case for pro bono, developing a pro bono practice and increasing engagement and participation in pro bono work. Entertaining and thought-provoking Ted-style talks were presented by Keenan Mundine (Inside Out Justice Consultancy), Edward Santow (Human Rights Commissioner), and Alastair McEwin (then Disability Discrimination Commissioner).

The Centre’s John Corker participated in a panel discussion on issues facing community legal centres (CLCs), how pro bono can assist CLCs, and latest trends. The discussion was facilitated by Nicky Friedman (Director of Community Engagement, Allens). Other panellists were Nassim Arrage (CEO, National Association of Community Legal Centres), Tanya Jackson-Vaughn (then CEO of the Refugee Advice and Casework Service), and Jenny Lovric (Manager of Community Engagement, Just Reinvest NSW).

John Corker and Gabriela Christian-Hare also led a group discussion and brainstorming session for emerging and developing practices and new pro bono managers and coordinators.

Attendees at the Pro Bono Academy

L-R Jenny Lovric, John Corker and Anton Hermann.

»

24

2524

“ A g re a t va r i e t y o f v i ews a n d ve r y

k n ow l e d g e a b l e p re s e n te rs m a d e fo r a

te r r i f i c fo r u m”.

Feedback from a conference delegate

and the Law Council of Australia. Arthur Moses SC, President of the Law Council of Australia made the opening speech ‘The hard fought arc to justice’.

The following sessions focused on areas of unmet legal need and models of service delivery. Discussions focused on a range of client groups, including survivors of child sexual abuse, homeless persons, people seeking asylum, those who are denied bail and incarcerated, victims of elder abuse, and those from Culturally and Linguistically Diverse Communities. The Health Justice Partnerships session displayed the diversity of arrangements that are possible with this fast-growing model.

The program featured a number of sessions on the changes affecting pro bono practice and the challenges to improving access to justice. Social, political, technological and generational change were all topics of focus, as well as the challenges of evaluation and measuring impact.

Certain pro bono stream sessions focused on how pro bono providers can best help those on the front line. In areas of public interest litigation where firms are working with CLCs, important case studies were shared which described firms working in innovative ways both on and off the court record. The ‘helping the helpers’ session provided a thought-provoking discussion about what criteria firms should apply when deciding whether to act on a pro bono basis for large and/or small charities and social enterprises.

Top: Shane Duffy, CEO of ATSILS Qld, with Brendan Thomas, CEO of Legal Aid NSW. Bottom: The Centre’s Trent Wallace, Sally Embelton and Gabriela Christian-Hare with the Hon Justice Loukas-Karlsson SC


»

25

https://www.lawcouncil.asn.au/media/speeches/the-hard-fought-arc-to-justice-opening-address-to-the-national-access-to-justice-and-pro-bono-conference

26

DEVELOPING EXPERTISE AND PROVIDING PRACTICAL ASSISTANCE

Photo by Iñaki del Olmo on Unsplash

26

2726

CONDUCTING RESEARCH AND ADVOCACY

RESEARCH ROUNDTABLE

The Centre held its first Research Roundtable on 8 October 2018 at Norton Rose Fulbright, Sydney. Key professionals with expertise in research methodologies, social impact, legal assistance service delivery and pro bono legal practice were invited to join the Centre to help shape a research agenda for pro bono legal services.

The Centre’s research activities have traditionally been undertaken through the National Law Firm Pro Bono Survey, annual surveys of Target signatories, and small-scale research projects based on consultation with the pro bono community. In 2017, the Centre’s Board created the Research and Policy Committee to develop a research agenda, build research partnerships and either participate in, or develop the Centre’s own, funded research projects. The Research Roundtable was held to help the Research Committee prioritise its research program and to build an ongoing research network for the Centre.

Opening remarks were given by the Centre’s Chair, Phillip Cornwell, and former CEO, John Corker. Inaugural Chair of the Centre’s Research & Policy Committee, Lesley Hitchens, then led a panel discussion on why research is important, the value of partnerships, research funding and resources. Other panellists were Amanda Alford (former Director of Policy and Advocacy at NACLC), Nick Perini (Principal Consultant at Social Ventures Australia), and Professor Simon Rice of the University of Sydney Faculty of Law.

Small-group discussions among Roundtable attendees ensued, focusing on three main topics:

1. Impact evaluation frameworks: a discussion on evaluating the impact of pro bono legal work led by Dr Abigail Powell, Senior Research Fellow at the Centre for Social Impact

2. Review of pro bono work assisting social enterprises: Sarah Morton-Ramwell (Global Head of Pro Bono and Corporate Responsibility at Ashurst) shared her insights on pro bono work assisting social enterprises, and

3. The future of pro bono models: a discussion on broad models for pro bono services led by Tori Edwards (Head of Pro Bono Partnerships at Justice Connect).

Each roundtable group was asked to present recommended research questions relating to the above three topic areas, and guests were asked to vote on the most popular, and most viable, research questions relating to each topic. Overall, impact evaluation frameworks was the most popular research area and the Centre is now taking steps to consider the resources it can compile and develop to provide the pro bono community with tools to conduct impact evaluations.

Above left: Attendees at the Research Roundtable.

Above right: Lesley Hitchens, Amanda Alford, Nick Perini and

Professor Simon Rice at the Research Roundtable.


28

NATIONAL RESEARCH INVESTIGATION INTO PRO BONO IN AUSTRALIAN LAW SCHOOLS

Led by Francina Cantatore (Associate Professor of the Faculty of Law at Bond University, and Director of the Bond Law Clinic), the Centre commenced involvement in a three-year multi institution study investigating and providing national empirical data relating to four pivotal themes dealing with pro bono and social justice initiatives in Australian law schools. The main objective of the research project is to investigate and report on existing pro bono models and access to justice initiatives in Australian law schools and to consider ways in which these initiatives can be enhanced and expanded to increase access to justice for the Australian community.

The project is being supported and coordinated by leading academics. The Centre will administer the project, which has theme leads from eight Australian universities, namely Bond University, La Trobe University, Monash University, Murdoch University, University of Adelaide, University of Queensland, University of South Australia and Western Sydney University.

ADVOCACY ON GOVERNMENT TENDER ARRANGEMENTS

For law firms to secure legal work from the Commonwealth, Victorian, South Australian and New South Wales Governments, they must first tender or apply to be included on the Government’s “panel” or “list” of pre-approved law firms which include certain pro bono requirements.

The introduction of ‘pro bono conditions’ in relation to the Commonwealth Government’s Legal Services Multi-Use List (LSMUL) has been a significant factor contributing to the growth in law firm pro bono in Australia. Although the LSMUL ceased on 30 June 2018, in the interim Commonwealth entities were still required to take into account a legal services provider’s pro bono contribution and commitment when deciding whether to engage them to provide legal services until the new arrangements commenced. On 16 August 2019, the new Commonwealth ‘Whole of Australian Government Legal Services Panel’ arrangements commenced. There are currently 60 firms listed on the Commonwealth Panel.

In 2018, the Centre liaised and met with Commonwealth AGD officers from the Office of Legal Services Coordination to suggest how the pro bono conditions and reporting requirements should be carried through the transitional period to the Commonwealth’s new purchasing arrangements and then be integrated into those new arrangements. The Centre, the pro bono community and the Commonwealth government were able to work together to maintain law firm commitment to pro bono work under the new Commonwealth Panel arrangements announced in August 2019.

Photo by Mikael Kristenson on Unsplash


28

2928 29

UNBUNDLED LEGAL SERVICES

In 2018, in partnership with Professor Michael Legg and UNSW Law, the Centre worked on a new research project on the unbundling of legal services. The project formed part of the FLIP Stream – a collaboration between UNSW Law and the Law Society of NSW to generate a stream of research responding to the issues raised by the Law Society’s FLIP Report on the future of legal practice in light of technological change.

Unbundling legal services is an area of potential pro bono growth, particularly in the context of innovation and technological development in the legal profession.

The concept of unbundling, also known as discrete task assistance and

limited-scope representation, views legal work as a bundle of tasks to be ‘unbundled’ and then parcelled out to external legal providers (outsourced), kept in-house (insourced) or undertaken by the client. Whilst unbundling is driven by innovation, technology, and changing client needs and expectations, in practice there is nothing substantially new about lawyers providing limited or discrete legal assistance. For example, lawyers may assist with the preparation of court documentation but not act in the substantial proceedings.

The Centre’s research focused on unbundling in the delivery of both commercial and pro bono legal services, unpicking the various regulatory, ethical and practical issues for lawyers and investigating options for regulatory reform drawn from other jurisdictions.

Specific focus was also given from the perspective of the most disadvantaged clients in unbundled service delivery models, such as duty lawyer schemes and self-represented litigant schemes in the Federal Court, together with regulatory responses around the world.

The Centre’s John Corker presented on this topic at the FLIP Conference in Sydney on 14 September 2018. The Centre also published an article on the competency or legal capability aspects of disadvantaged clients in an unbundled context in the NSW Law Society Journal December 2018 edition.

Photo by Freddie Marriage on Unsplash


30

DEVELOPING AND SHARING EXPERTISE

PRO BONO LEGAL WORK: A GUIDE FOR GOVERNMENT LAWYERS

On 14 March 2019, the Centre launched Pro Bono Legal Work – A Guide for Government Lawyers at the National Access to Justice and Pro Bono Conference in Canberra. This is a free resource available on the Centre’s website.

The Guide is intended to spark greater enthusiasm for pro bono work amongst individual government lawyers, and to be an excellent resource for government agencies and departments looking to formalise their pro bono commitment. Topics in the Guide include:

• the benefits of pro bono legal work for government lawyers and their agencies or departments

• how government can support its lawyers to do pro bono work

• constraints and regulatory requirements applying to pro bono legal work

• the types of pro bono work that government lawyers can do

• examples of existing government pro bono legal work

• tips on how to establish a pro bono policy

• government pro bono FAQs

• useful contacts and other resources that support government pro bono legal work.

The Centre is hopeful that the assistance provided by the Guide will result in greater numbers of government lawyers becoming involved in pro bono legal work, thereby increasing access to justice for socially disadvantaged and marginalised people in Australia.

The Centre has subsequently presented on the Guide to the NSW Law Society Government Lawyers’ Committee in April 2019, and at the NSW Government Solicitors Conference on 3 September 2019.

“ T h e P ro B o n o Ce n t re s h o u l d

b e co n g ra t u l a te d fo r d eve l o p i n g

t h i s g u i d e to u n d e r t a k i n g

p ro b o n o wo r k fo r g ove r n m e n t

l aw ye rs. I t d raws u p o n t h e ex te n s i ve

ex p e r i e n ce o f key i n d i v i d u a l s a n d

o rg a n i s a t i o n s wo r k i n g i n p ro

b o n o s e t t i n g s w h o h ave d e d i c a te d

co n s i d e ra b l e t i m e a n d e f fo r t to

e n s u r i n g t h e g u i d e i s a n e s s e n t i a l

re s o u rce fo r g ove r n m e n t l aw ye rs l o o k i n g to e n g a g e i n

p ro b o n o wo r k .”

Elizabeth Carroll, Chief Legal Counsel at IP

Australia, Vice President of the ACT Law Society, and former Chair of the Australian Government

Legal Network (2015-2019)

Elizabeth Carroll (IP Australia) spoke at the launch of ‘Pro Bono Legal Work – A Guide for Government Lawyers’



http://www.probonocentre.org.au/aus-pro-bono-manual/

3130

THE MANUAL AND WHAT WORKS

The Centre’s flagship publications, The Australian Pro Bono Manual (the Manual) and Pro Bono Partnerships — a Practical Guide to What Works (What Works) continue to be the leading Australian authorities on pro bono legal practice. While the most recent editions of these publications were released in October 2016, they continue to be used extensively by the pro bono community.

I n t h e p e r i o d 1 J u l y 2 0 1 8 to 3 0 J u l y 2 0 1 9 , t h e o n l i n e Ma n u a l re ce i ve d 4 , 9 0 7 v i ews , a n d W h a t Wo r k s re ce i ve d 1 , 7 2 3 v i ews .

The 3rd edition of the Manual is a detailed guide to setting up, managing and evaluating a structured pro bono practice and includes policy, letter and agreement precedents. What Works (2nd edition) provides practical advice on developing pro bono partnerships and includes updated case studies, testimonials and commentary drawing on the wide-ranging experience of law firms, community legal centres, referral organisations and government agencies, as well as individual lawyers and barristers.

The Manual and What Works have been recognised nationally and internationally. The Law Society of England and Wales adapted the current edition of the Manual for its local use. The Manual has also been used to develop a Pro Bono Manual for the Law Society of Singapore.

The Manual and What Works are available in hard copy from LexisNexis, or online on the Centre’s website.






http://www.probonocentre.org.au/information-on-pro-bono/our-publications/

http://www.probonocentre.org.au/aus-pro-bono-manual/



32

WEB RESOURCESWWW.PROBONOCENTRE.ORG.AU

The Australian Pro Bono Centre’s website is a trusted source of detailed information about pro bono and used by legal professionals, peak bodies, community organisations, governments, universities and members of the public. It hosts key publications including the Manual, What Works, the Best Practice Guide, the In-house Guide and the Client Management and Self-care guide.

The website also provides access to:

• information about pro bono in Australia and internationally

• information on, and access to, the National Pro Bono Target

• guidance for firms, in-house teams and lawyers on providing pro bono assistance

• information on issues affecting pro bono such as volunteer practising certificates, professional indemnity insurance and the pro bono provisions in government tender schemes

• information on the Centre’s advocacy work, and

• guidance on the National Pro Bono Professional Indemnity Insurance Scheme.

177,526

in fy2019, THE CENTRE’S WEBSITE

received

page VIEWS

In FY2019, the Centre’s website continued to be a well-respected and frequently used resource, with 177,526 page views.

This year, the Centre refreshed the site’s home page to improve usability, and enhanced the layout for news and updates. The Centre also updated the most frequently visited pages, Links to Legal Help, which are designed to help members of the public and community organisations find pathways to legal assistance in every Australian jurisdiction. Links to Legal Help provides a structured guide to the most frequently sought legal assistance providers in the government and community sectors, together with their contact details.

32




https://www.probonocentre.org.au/wp-content/uploads/2018/10/APBC_What-is-best-practice-SHORT-FINAL.pdf



https://www.probonocentre.org.au/wp-content/uploads/2018/02/Client-Management-and-Self-care-Guide-February-2018.pdf


3332

SJOpps is a highly successful service using web and social media channels to list volunteer and paid roles in the legal assistance sector for law students and early career lawyers.

It also provides resources and guides for those looking for social justice work and study opportunities.

The site is currently undergoing a re-design to ensure that the content is contemporary and relevant, and to expand its existing resources. The re-designed website is due to launch in early 2020.

CLC Volunteers, managed jointly by the Centre and Community Legal Centres Australia (formerly NACLC) is a national database of community legal centres (CLCs).

It provides users with information about:

• which CLCs are currently looking for volunteers

• CLC contact details, and

• the ways in which volunteers can help at each CLC.

The National Law Firm Directory is a password protected directory of law firm pro bono practices for those who work in the access to justice sector. Members of the Directory include CLCs, Legal Aid Commissions, Aboriginal Legal Services, and pro bono referral schemes and organisations looking to make referrals to law firms.

In FY2019, the Centre completed an exhaustive review and update of the Directory. It now includes over 40 law firm profiles.

39,180

in fy2019, SJOPPS HAD

PAGE VIEWS

149,561

in fy2019, CLC VOLUNTEERS HAD

PAGE VIEWS 2,521

in fy2019, THE NATIONAL LAW firm

DIRECTORY HAD

PAGE VIEWS

Photo by Marvin Meyer on Unsplash


I n a d d i t i o n to t h e m a i n we b s i te , t h e Ce n t re r u n s t h e we b s i te s S o c i a l J u st i ce O p p o r tu n i t i e s ( SJ O p p s ) , C LC

Vo l u n te e rs a n d t h e N a t i o n a l L aw F i r m D i r e c to r y .

33

https://www.sjopps.net.au/

https://www.clcvolunteers.net.au/

https://www.probonocentre.org.au/national-law-firm-directory/

34

LEGAL TRAINING

UNSW GDLPP course materials: In FY2019, the Centre drafted materials for UNSW’s new Graduate Diploma in Legal Professional Practice (GDLPP), which will be offering its first intake for students in February 2020. The Centre created a text-based guide and quiz questions which will be used in the GDLPP’s Values in Practice course. These materials are designed to help future lawyers:

• understand the importance of pro bono contributions to legal practice

• identify the means by which lawyers can provide pro bono contributions

• recognise when a client with insufficient resources may be entitled to legal aid, or assistance from professional or community organisations.

College of Law Practice Paper: In addition, each year the Centre updates its College of Law Practice Paper on Pro Bono Practice. The Practice Paper is used by the College in its practical legal training course which qualifies law graduates to gain admission to legal practice in jurisdictions across Australia. The paper introduces students to the principles underpinning pro bono legal work, the growth of the global pro bono movement, the role of pro bono legal work in legal practice, and the social impact of pro bono and the benefits it brings to lawyers.

UNSW Law internship program: The Centre provides experiential learning opportunities for law students through the UNSW Law Faculty’s internship program. The internship allows students to delve into the Centre’s research and assist with other ongoing projects. In FY2019, the Centre hosted four student interns through the program: Anna Jacobs, Hannah

Jover, Jessica Win, and Betty Won. Students Winny Bhushan Seelam and Vasavi Sadhu also kindly volunteered their time at the Centre during FY2019. The program provides each student with valuable vocational experience, and the consistently high quality of their work at the Centre is a testament to the program’s success.

“ T h e m a te r i a l s t h a t A P BC p re p a re d ve r y c l e a r l y i l l u s t ra te h ow o p p o r t u n i t i e s fo r p ro b o n o co n t r i b u t i o n s c a n a r i s e i n l e g a l p ra c t i ce a n d t h e i m p o r t a n ce o f s u c h co n t r i b u t i o n s. A s o u r p ro g ra m i s d i re c te d a t e n t r y- l eve l l aw ye rs, i t wa s g re a t to s e e yo u g o ‘ b eyo n d t h e l aw ’ a n d ra i s e i s s u e s o f c l i e n t m a n a g e m e n t a n d s e l f- c a re - - re a l l y i m p o r t a n t i s s u e s fo r a l l l aw ye rs a n d p a r t i c u l a r l y fo r t h o s e j u s t e n te r i n g t h e l e g a l p ro fe s s i o n .”

Eleny Tzioumis, Senior Lecturer and Deputy Director, PLT Program at UNSW


3534

“ I n te r n i n g a t t h e Au s t ra l i a n P ro B o n o Ce n t re h a s p rov i d e d m e w i t h g re a t i n s i g h t i n to t h e p o l i c y wo r k t h e Ce n t re d o e s a c ro s s Au s t ra l i a . I t h a s a l s o g i ve n m e p ra c t i c a l a n d p ro fe s s i o n a l ex p e r i e n ce t h a t I w i l l t a ke w i t h m e t h ro u g h my c a re e r. T h i s ex p e r i e n ce h a s f u r t h e r b ro a d e n e d my u n d e rs t a n d i n g o f p ro b o n o i n i t i a t i ve s a n d t h e i m p o r t a n ce o f co n t r i b u t i n g to s o c i a l j u s t i ce co n ce r n s a s a l aw ye r.”

Jessica Win, intern 2018

“ My i n te r n s h i p a t t h e Au s t ra l i a n P ro B o n o Ce n t re h a s b e e n a n i nva l u a b l e p ra c t i c a l co m p o n e n t to my l aw d e g re e . T h e m o s t rewa rd i n g a s p e c t o f t h e i n te r n s h i p h a s b e e n t h e o p p o r t u n i t y to co n t r i b u te to a va r i e t y o f p ro j e c t s a i m e d a t i n s t i l l i n g a p ro b o n o e t h o s w i t h i n t h e yo u n g e r Au s t ra l i a n l e g a l co m m u n i t y - co n s i s t i n g o f l aw s t u d e n t s a n d e a r l y- c a re e r l aw ye rs.

T h e Ce n t re h a s s u c h a p o s i t i ve a n d co l l a b o ra t i ve o rg a n i s a t i o n a l c u l t u re a n d I wa s we l l -s u p p o r te d i n e n g a g i n g i n l e g a l re fe r ra l s a n d d eve l o p i n g v i t a l d ra f t i n g a n d l e g a l re s e a rc h s k i l l s.”

Betty Won, intern 2019

“ I t h a s b e e n a p r i v i l e g e wo r k i n g w i t h t h e d e d i c a te d te a m a t t h e Au s t ra l i a n P ro B o n o Ce n t re , w h o we re s o s u p p o r t i ve a n d k i n d to m e d u r i n g my i n te r n s h i p. My ex p e r i e n ce h a s re i n fo rce d to m e t h e i m p o r t a n ce o f d o i n g p ro b o n o l e g a l wo r k a n d h a s ex p a n d e d my u n d e rs t a n d i n g o f t h e va r i o u s ways i n w h i c h l aw ye rs c a n g o a b o u t p rov i d i n g p ro b o n o a s s i s t a n ce …

I p a r t i c u l a r l y e n j oye d t h e o p p o r t u n i t y to c a r r y o u t re s e a rc h t h a t I h o p e w i l l e n co u ra g e l aw ye rs to c a r r y o u t m o re p ro b o n o wo r k .”

Anna Jacobs, intern 2019


36

PROVIDING PRACTICAL SUPPORT

NATIONAL PRO BONO PROFESSIONAL INDEMNITY INSURANCE SCHEME

The Centre’s National Pro Bono Professional Indemnity Insurance Scheme (Scheme), underwritten by Lawcover, continues to facilitate pro bono legal work by providing professional indemnity insurance coverage to in-house, government and volunteer lawyers working on qualifying pro bono projects. This removes one of the key barriers to their participation in pro bono work.

A register of the pro bono projects currently insured under the Scheme can be viewed on the Centre’s website.

As at 30 June 2019, the Scheme was available to lawyers in:

• the Australian Capital Territory

• New South Wales

• Queensland

• South Australia

• Victoria

• Western Australia, to holders of volunteer practising certificates only.

The Centre’s Scheme has recently inspired the introduction of a similar scheme overseas. In June 2019, LawWorks launched a Pro Bono Professional Indemnity Insurance Scheme in the United Kingdom with the Centre’s assistance.

“ T h e N a t i o n a l P ro B o n o P I I n s u ra n ce Sc h e m e p rov i d e s a wo n d e r f u l o p p o r t u n i t y fo r i n - h o u s e l aw ye rs to g e t i nvo l ve d i n c a u s e s a n d s o c i a l i s s u e s t h a t m a t te r to Au s t ra l i a .

I n my ow n ex p e r i e n ce , I h ave b e e n a b l e to co n t r i b u te to c h a r i t i e s a n d n o n - p ro f i t s a s we l l a s to p e o p l e w h o wo u l d n’ t o t h e r w i s e b e a b l e to a cce s s l e g a l a d v i ce … I ’d re co m m e n d a l l i n - h o u s e l aw ye rs co n s i d e r vo l u n te e r i n g i n t h e i r p ro fe s s i o n a l c a p a c i t y – a s a l aw ye r a n d b r i n g i n g to a n o rg a n i s a t i o n yo u r l e g a l s k i l l s a n d ex p e r t i s e .

T h e re a re p re s e n t l y ove r 6 0 , 0 0 0 n o t- fo r- p ro f i t s a n d 5 7 , 0 0 0 re g i s te re d c h a r i t i e s. O n l y a f ra c t i o n o f t h e m a re i n a p o s i t i o n to e n g a g e l aw ye rs. T h e N a t i o n a l P ro B o n o P I I n s u ra n ce Sc h e m e g i ve s i n - h o u s e l aw ye rs t h e o p p o r t u n i t y to g e t i nvo l ve d a n d m a ke a d i f fe re n ce .”

Elaine Leong, an in-house lawyer whose various pro bono projects have been covered by the Scheme since 2010.

4,168.7

in fy2019, the scheme facilitated

hours of pro bono legal work

16%this is a

increase from the number of pro bono

hours covered by the scheme in fy2018

1301843

as at 30 june 2019, the scheme covered

lawyersandparalegalsworking onpro bono projects

Photo by J on Unsplash


36


https://www.probonocentre.org.au/provide-pro-bono/pi-insurance-scheme/register/

3736

EXPERTSDIRECT PRO BONO SERVICE

ExpertsDirect Pro Bono Service is a joint project of the Australian Pro Bono Centre and ExpertsDirect, launched in November 2018. The service aims to put pro bono lawyers and community lawyers in touch with professionals who are willing to provide expert witness services for free or at low cost in legal cases to assist those experiencing disadvantage or marginalisation. Frequently in litigation, compelling expert evidence will be a crucial factor in establishing a client’s case. And in matters assisting clients who are experiencing significant disadvantage, the cost of engaging an expert to provide that evidence is usually beyond the client’s means. The service gives qualifying applicants access to a vast array of expert witness services in diverse fields including medicine, finance, engineering, epidemiology and more. The project was developed as a way of overcoming the cost of these services which can impede the delivery of pro bono legal assistance or community legal assistance.

I n 2 0 1 9 , E x p e r t s D i re c t Pro B o n o p rov i d e d f re e o r l ow - co s t ex p e r t w i t n e s s e s fo r ove r 2 5 m a tte rs.

Approximately 95% of these matters came from community legal centres and not-for-profit organisations across Australia. ExpertsDirect Pro Bono’s reach of expert witness areas this year has been broad. Its team of 20 staff provided expert evidence from professional psychiatrists, oncologists, nurses, obstetricians, and ENT Specialists, amongst others. ExpertsDirect Pro Bono expects its capacity to assist with pro bono matters to grow next year.

Lawyers can access the ExpertsDirect Pro Bono Service by completing an application form on the Australian Pro Bono Centre’s website.

ASSISTING THE PUBLIC

The Centre receives many phone calls and emails from individuals seeking pro bono legal assistance. As a research and policy centre, it is not the Centre’s role to provide legal advice or make pro bono referrals to law firms. However, the Centre does assist members of the public by directing them to pro bono organisations and schemes, legal aid commissions and community legal centres that may be able to assist.

In FY2019, the Centre installed an automated greeting at the beginning of each external phone call. This greeting directs help-seekers to the Centre’s Links to Legal Help webpage at first instance, before allowing callers to speak to a member of the Centre’s staff. This automated greeting manages the expectations of callers by helping them understand the limitations of the Centre’s service.

In FY2019, all staff attended refresher phone training from Secondee Policy and Project Officer Trent Wallace.

T h e Ce n t re re s p o n d e d to ove r 4 0 0 p h o n e

a n d e m a i l e n q u i r i e s i n F Y 2 0 1 9 .


37

https://www.probonocentre.org.au/expertsdirect-pro-bono-service/


38

THE ORGANISATION

L-R John Corker, Trent Wallace, Gabriela Christian-Hare, Sally Embelton and Natasha Rose 38

3938

JESSICA HATHERALLHead of Policy and Strategy

SALLY EMBELTONPolicy and Project Officer

GABRIELA CHRISTIAN-HAREChief Executive Officer

STAFF

T h e Ce n t re ’s wo r k i s a c h i eve d t h ro u g h t h e e f fo r t s o f i t s s m a l l te a m o f d e d i c a te d s t a f f. I n a d d i t i o n to fo u r p e r m a n e n t s t a f f, s i n ce 2 0 1 7 t h e te a m h a s i n c l u d e d a f u l l - t i m e Se co n d e e Po l i c y a n d P ro j e c t O f f i ce r g e n e ro u s l y p rov i d e d by Au s t ra l i a n G ove r n m e n t So l i c i to r.

CURRENT STAFF:

GABRIELA CHRISTIAN-HARE, Chief Executive Officer

JESSICA HATHERALL, Head of Policy and Strategy

SALLY EMBELTON, Policy and Project Officer

TRENT WALLACE, AGS Secondee Policy and Project Officer

NATASHA ROSE, Project Officer

FORMER STAFF OF THE CENTRE WHO LEFT THROUGHOUT FY2019:

JOHN CORKER, Chief Executive Officer

SUE HUNT, Senior Policy Officer

JUHI JIN, Office Administrator

HSU-ANN LEE, Communications & IT Coordinator

HANNAH MEYER, Communications & IT Coordinator

The Centre is also grateful for the assistance provided in FY2019 by our four interns (arranged through the UNSW Internship Program) and two student volunteers – see p. 34. Interns and students make a valuable and lasting contribution to the Centre’s work and their efforts are greatly appreciated.

TRENT WALLACEAGS Secondee Policy and

Project Officer

NATASHA ROSEProject Officer

THE ORGANISATION

39


40

MR PHILLIP CORNWELL (CHAIR)

Phillip was appointed to the Board on 1 December 2014. Phillip is a Senior Finance Counsel at Allens, having been a partner there for 32 years. As well as heading its Project Finance practice, for many years he chaired its Pro Bono and Footprint Committees.

In addition, Phillip is a director and the deputy chair of Suicide Prevention Australia and sits on the board of Bush Heritage Australia.

MS LEANNE COLLINGBURN

Leanne was appointed to the Board on 8 February 2017. She is Special Counsel, National Pro Bono Executive, and Co-Chair of the Reconciliation Action Plan Working Group at Norton Rose Fulbright Australia and a key driver of the firm’s broader Corporate Social Responsibility program.

Leanne has practised as a lawyer in a commercial law firm since 2007 and from 2014 her practice has focused on creating and encouraging positive social change and impact for vulnerable peoples through access to justice, education and employment opportunities.

MR DANIEL CREASEY

Daniel was appointed to the Board on 1 December 2014. He is Head of Pro Bono & Community Impact at King & Wood Mallesons, leading a team of pro bono & social impact experts via the KWM Community Impact program (pro bono, volunteering, philanthropy and reconciliation).

He has extensive experience in pro bono, community engagement, philanthropy, and social impact. Dan has been involved in planning, delivering and managing significant pro bono projects, with large teams of people and in a variety of jurisdictions, for over 10 years.

MS DEBORAH DI NATALE

Deborah was appointed to the Board 20 April 2016 and resigned on 12 November 2018. She is currently the CEO of the Northern Territory Council of Social Service. Deborah is a lawyer who worked at Victoria Legal Aid in their family, law and civil division for over 6 years. She was awarded a scholarship to complete an Executive Masters in Public Administration at Melbourne University, and has since worked in senior management positions that promote access to justice. She was previously the Legal Services Director at Justice Connect and the Principal Solicitor of the Tenants Union in Victoria.

BOARD

4140

MS TAMSYN HARVEY

Tamsyn was appointed to the Board on 12 November 2018. She is the First Assistant Secretary of the Legal Services Policy Division in the Commonwealth Attorney-General’s Department. The Legal Services Policy Division has diverse responsibilities across the federal civil justice system, including the administration of Commonwealth legal assistance funding, native title, support for and participation in Royal Commissions, and legal services. The Division recently led the establishment of the Whole of Australian Government Legal Services panel, which incorporates a requirement for panel providers to sign up to the Centre’s National Pro Bono Target. Tamsyn has worked in a range of areas across the Commonwealth and ACT governments.

PROFESSOR LESLEY HITCHENS

Lesley was appointed to the Board on 14 November 2016. Lesley is a professor of law at University of Technology Sydney, and, since 2013, Dean of the Faculty of Law. Lesley resigned from the Centre’s Board on 12 August 2019.

She practised in Australia and London and has held academic appointments at English and Australian universities. She is a member of the Legal Profession Admission Board and the Legal Services Council Legal Admissions Committee and a graduate member of the Australian Institute of Company Directors.

Lesley’s research is in media and communications law and regulation.

MR JONATHON HUNYOR

Jonathon was appointed to the Board on 20 September 2016. He is the CEO of the Public Interest Advocacy Centre (PIAC).

He has practised for over 20 years as a lawyer in NSW and the Northern Territory in a range of areas including criminal law, discrimination and human rights, migration and refugee law and Aboriginal land rights.

Jonathon is a University Fellow at Charles Darwin University and has published widely in academic and professional journals.

MS JANE HUTCHISON

Jane was appointed to the Board on 3 December 2014. She is the Director of the Hobart Community Legal Service, a role she has held for many years. Prior to joining the Board, Jane was Chair of the Centre’s Advisory Council.

Jane was an inaugural member of the Law Society of Tasmania’s Pro Bono Committee and continues to be a member of this committee. She is also currently chair of Community Legal Centres Tasmania.

PROFESSOR MICHAEL LEGG

Michael was appointed to the Board 28 February 2011 and resigned on 12 November 2018. He is a Professor of Law at UNSW, and the Director of the Law Society of NSW’s Future of Law and Innovation in the Profession (flip) research stream and of the IMF Bentham Class Actions Research Initiative. He is a member of the Law Council of Australia’s Class Actions Committee.

Michael has 20 years of experience as a legal practitioner, having worked with leading Australian and US law firms. In 2017, he was awarded Academic of the Year at the Lawyers Weekly Australian Law Awards.

THE ORGANISATION


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MS SUSAN ROBERTSON

Sue was on the Board from 31 July to 15 October 2018. She is the First Assistant Secretary of the Attorney-General’s Department’s International Division. She is the head of the Office of International Law, and is responsible for international crime cooperation and Pacific rule of law engagement.

Sue has previously worked for the Department of Foreign Affairs and Trade as the international legal adviser at the Australian Permanent Mission to the United Nations. Before that, she occupied various international legal and policy roles in the UN. Sue holds a Bachelor of Arts (Hons), a Bachelor of Laws (Hons) and a Masters of International Law.

DR JUSTINE ROGERS

Justine was appointed to the Board on 12 November 2018. She is Deputy Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream as part of the Allens Hub for Technology, Law and Innovation at UNSW Law. Her current research project is on lawyers and change.

Justine is also a Senior Lecturer at UNSW Law. She teaches Lawyers, Ethics & Justice, the core legal ethics course, and Theories of Law and Justice, one of the strands of jurisprudence.

Justine completed her DPhil at the University of Oxford, which was an ethnographic study of London barristers and pupillage.

MR EDWARD SANTOW

Edward was appointed to the Board in January 2011 while he was the Chief Executive Officer of the Public Interest Advocacy Centre. He was appointed as Human Rights Commissioner at the Australian Human Rights Commission in 2016.

Edward resigned from the Board on 12 November 2018.

Previously an academic at the UNSW Law School and the Gilbert + Tobin Centre of Public Law, he has also worked at the Australian Law Reform Commission and as a solicitor in private practice.

MS MARY WOODFORD LLB, MPH, BA (Hons) FAICD FGIA

Mary was appointed to the Board on 11 June 2018. Mary is a senior executive and has over 20 years’ experience as a legal practitioner and non-executive director. She is currently General Manager, Advocacy, with the Law Society of Western Australia.

Mary is currently non-executive director of the Local Government Insurance Scheme WA, the Catholic Education Commission WA and chairs Central Regional TAFE WA and MercyCare Ltd.

Previous non-executive directorships include HBF Health Ltd and related entities and the National Heart Foundation (WA).

MR CHRIS POVEY

Chris was appointed to the Board on 12 November 2018. He has dedicated his career to making the law work for people who would otherwise miss out. He has spent over 15 years as a lawyer with a range of social justice organisations including the Consumer Action Law Centre, Tenants Victoria, Victoria Legal Aid, Justice Connect and the Victorian Human Rights and Equal Opportunity Commission. In 2010, Chris was awarded a prestigious Churchill Fellowship to conduct in-depth research into housing sustainability and homelessness prevention.

Chris also serves on the Board of the Federation of Community Legal Centres, and previously served on the Board of the Council to Homeless Persons.

https://www.allenshub.unsw.edu.au/flip-stream

https://www.allenshub.unsw.edu.au/flip-stream

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MS PAULINE WRIGHT

Pauline was appointed to the Board on 15 March 2018. She is a Principal of PJ Donnellan & Co Solicitors on the NSW Central Coast. She is President of the NSW Council for Civil Liberties and was President of the Law Society of NSW in 2017.

Pauline is President-elect of the Law Council of Australia and also sits on a number of its committees and working groups, including the Access to Justice Committee, Equal Opportunity Committee and the National Criminal Law Committee.

She is also a keen ocean swimmer, surf lifesaver, singer, actor, theatre producer, director and writer.

PROFESSOR ROBERT CUNNINGHAM, Dean and Head of Curtin Law School, was appointed to the Board on 13 August 2019. He has replaced Professor Lesley Hitchens as the Board member nominated by the Council of Australian Law Deans.

KEY RELATIONSHIPS

AUSTRALIAN GOVERNMENTS

The Centre is most grateful for the financial assistance it receives from the Commonwealth of Australia through the Federal Attorney-General’s Department and from the Departments of the Attorney-General (or Justice) in each of the eight States and Territories. This funding is crucial to the operation of the Centre.

For the first time in FY2019, the Centre’s Board has included a Director nominated by the Commonwealth Attorney-General’s Department (AGD). Prior to this, AGD nominated an officer of the Commonwealth to be a member of the Centre’s Advisory Council (from the Council’s inception in 2004 until its discontinuance in July 2018). These arrangements have facilitated an exchange between AGD and the Centre about the Centre’s strategy, and also a discussion about how pro bono legal services might complement the services provided through the legal assistance sector funded by government.

UNSW

The Centre is based in the Law Centres Precinct at UNSW, Sydney, with accommodation and some of its overheads provided by the Faculty of Law. The Precinct provides a dynamic environment for collaboration between centres, interaction with law students, and with members of the law school and faculty.

Our partnership with UNSW also provides opportunities for educating undergraduate and postgraduate law students about the place of pro bono in the Australian legal landscape. As mentioned above, through the faculty’s law internship program the Centre hosts several student interns, providing vocational experience. The Centre has also contributed to the development of course materials for the faculty’s new Graduate Diploma in Legal Professional Practice. The Centre is most grateful for the support generously provided by the Law Faculty of UNSW.

THE ORGANISATION

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44

NOTE 2019 2018$ $

RevenueRevenue from ordinary activities 2 459,509 475,370Revenue 459,509 475,370

ExpensesExpenses from ordinary activitiesEmployee benefits expense 386,705 407,839Board and Advisory Council 1,919 519Depreciation expense 548 1,769Audit fees 4,400 3,990Accounting fees 4,409 3,602Insurance 1,056 1,242Computer and Communications 3,093 3,300Subscriptions 3,021 4,334Travel and accommodation 18,884 13,585Design and Printing 5,694 4,040Affiliations, memberships and conferences 4,745 4,654Sponsorships 0 5,132Stationery 411 99Finance charges 253 474Other expenses from ordinary activities 2,471 2,658Expenses 437,609 457,237

Surplus / (Deficit) from Ordinary ActivitiesIncome tax expense relating to ordinary activities 1(f) 21,900 18,133Surplus 21,900 18,133

Other comprehensive income - -

Total comprehensive income / (loss) 21,900 18,133

FINANCIAL REPORTS

STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME

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NOTE 2019 2018$ $

Current AssetsCash assets 14 174,971 157,633Receivables 6 885 558Other current assets 7 460 460Total Current Assets 176,316 158,651

Non-Current AssetsProperty, plant and equipment 8 - 549Total Non-Current Assets - 549

Total Assets 176,316 159,200

Current LiabilitiesPayables 9 18,697 24,675Provisions 10 50,261 49,067Total Current Liabilities 68,958 73,742

Non-Current LiabilitiesProvisions 10 - -Total Non-Current Liabilities - -

Total Liabilities 68,958 73,742

Net Assets 107,358 85,458

EquityRetained Earnings 107,358 85,458 Total Equity 107,358 85,458

2019 2018$ $

Total equity at the beginning of the year 85,458 67,325

Surplus / (deficit) for the year 21,900 18,133

Total comprehensive income / (loss) for the year 21,900 18,133

Total equity at the end of the financial year 107,358 85,458

STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2019

STATEMENT OF CHANGES IN EQUITY FOR THE FINANCIAL YEAR ENDED 30 JUNE 2019

FINANCIAL REPORTS

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T +61 2 9385 [email protected]

Australian Pro Bono Centre Law Centres Precinct Level 1, The Law Building University of New South Wales

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The Australian Pro Bono Centre is an independent, non-profit organisation that supports and promotes pro bono legal services. The Centre receives financial assistance from the Federal Attorney-General’s Department and from the Departments of the Attorney-General in the States and Territories.

For more information visit the Centre’s website at probonocentre.org.au

The Australian Pro Bono Centre is grateful for the support it receives from the Faculty of Law at UNSW Sydney which includes the use of the Faculty’s

premises and facilities.

We acknowledge the traditional custodians

of the land on which we work, the Bedegal

people of the Eora Nation. We pay our

respects to the Elders – past, present and

emerging – and the youth who are working

towards a brighter tomorrow.

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annual REPORT - Australian Pro Bono Centre · ORGANISATION The Australian Pro Bono Centre (Centre) was established in 2002 as an independent, non-profit organisation at the University

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