Lawyers Weekly August 12, 2011

www.lawyersweekly.com.au

546Print Post Approved 255003/05160

Friday 12 August 2011

This Week

MinTers MauledGlobal firm raids top tier

legal leaders

laWyer WiTh a conscienceUsing the law for change

laW aWards

shining sTarsAustralia’s best lawyers honoured

changing channelsFrom top tier to TV

This Week

loss for Millionaires’ club HDY takes from Macquarie

Contents

l aw y e r s w e e k ly 12 a u g u s t 2 011 3

“When I was told I would be receiving an award tonight, I didn’t realise I’d be getting a Bentley”Sir Laurence Street tries to secure a ride home from the Lawyers Weekly Law Awards - Page 10

regulars

18 COVER STORY: Stephanie Quine talks to three former lawyers, including stand-up comedian James O’Loghlin, who have left the law for careers in television

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

10 LAW AWARDS: A wrap-up of all the winners from the 2011 Lawyers Weekly Law Awards

14 OPINION: In November 2010, Prime Minister Julia Gillard committed her Government to holding a referendum on recognising Indigenous Australians in the Constitution. Sean Brennan argues this process should go further than symbolic acknowledgement

16 LEGAL LEADERS: While establishing himself as one of Australia’s leading tax lawyers, writes Briana Everett, Mark Leibler AC has devoted much of his life to social justice and the rights of Indigenous Australians

24 CAREER COUNSEL: Thanks to more favourable market conditions over the last 12 months, the salaries for in-house lawyers in the banking and finance space have steadily increased

26 FOLKLAW: The lighter side of the law

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

COMMERCIAL | TAXATION | INSURANCE

Fox Tucker congratulates Stephen Hill on his promotion to the position of Partner. Stephen leads our Property team. His expertise in the fi eld is vast. Service ethic impeccable. [And his peak’s still to come.]

Hillclimber.

Contents


“When I was told I would be receiving an award tonight, I didn’t realise I’d be getting a Bentley”Sir Laurence Street tries to secure a ride home from the Lawyers Weekly Law Awards - Page 10

regulars

18 COVER STORY: Stephanie Quine talks to three former lawyers, including stand-up comedian James O’Loghlin, who have left the law for careers in television

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

10 LAW AWARDS: A wrap-up of all the winners from the 2011 Lawyers Weekly Law Awards

14 OPINION: In November 2010, Prime Minister Julia Gillard committed her Government to holding a referendum on recognising Indigenous Australians in the Constitution. Sean Brennan argues this process should go further than symbolic acknowledgement

16 LEGAL LEADERS: While establishing himself as one of Australia’s leading tax lawyers, writes Briana Everett, Mark Leibler AC has devoted much of his life to social justice and the rights of Indigenous Australians

24 CAREER COUNSEL: Thanks to more favourable market conditions over the last 12 months, the salaries for in-house lawyers in the banking and finance space have steadily increased

26 FOLKLAW: The lighter side of the law

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

COMMERCIAL | TAXATION | INSURANCE

Fox Tucker congratulates Stephen Hill on his promotion to the position of Partner. Stephen leads our Property team. His expertise in the fi eld is vast. Service ethic impeccable. [And his peak’s still to come.]

Hillclimber.

4 l aw y e r s w e e k ly 12 a u g u s t 2 011 www.lawyersweekly.com.au

editor’sNoteThe ranks of many professions are swollen by ex-lawyers.

There has always been a curious anamoly that on the one hand, we have school students and then university graduates that work studiously over many years to get into law and put themselves in the best position to get the pick of the jobs upon graduation, only for many of them to leave the legal profession once they get a taste of it from the inside.

Why is this?In private practice, the hierarchical nature of numerous law

firms and the drudgery of much of the work in the early years of one’s legal career has a lot to do with it.

Many students, quite rightly, question why they are often spending vast amounts of time doing menial tasks under strict supervision, with every six minutes of their time recorded for posterity’s sake.

While many legally trained people leave the profession, most speak highly of the skills that a law degree and legal training provide in pursuing alternative careers.

Andrew O’Keefe, once of Allens Arthur Robinson but now a media celebrity, told Lawyers Weekly (see Stephanie Quine’s cover story on page 18) that his legal background has taught him “valuable lessons about hard work and scrupulousness”.

Another famous ex-lawyer, James O’Loghlin, was the emcee of the Lawyers Weekly Law Awards on 4 August (see page 10).

These awards showcased all that is good about the profession, with giants of the legal world such as Sir Laurence Street being honoured alongside the legal leaders of tomorrow, such as former Macquarie University student Ryan Harvey.

When speaking to James O’Loghlin before the awards, he conveyed to me that as a lawyer, he was left with the skills to think on his feet, be able to speak with a wide variety of people, and handle a crowd.

He also said that his work as a lawyer, particularly as a criminal lawyer with Legal Aid, was “the most meaningful job he had ever had”.

The Lawyers Weekly Awards last week highlighted just what a positive impact lawyers can have. However, the profession as a whole needs to be flexible to change its internal machinations to keep its best and brightest within the fold.

Tweet, tweet Get your 140 characters of must-know legal news via @lawyersweekly

Friendly faces Follow Lawyers Weekly on Facebook at www.facebook. com/lawyersweekly

Have your say Do you have something you’d like to share? Send an email to [email protected] or phone (02) 9422 2875. Alternatively, go to www.lawyersweekly.com.au and make a comment online.

Top 10 sTories online this week

1 Global firm raids Minters to open in Australia 2 In-house counsel bear brunt of economic woes 3 LW Awards winners announced 4 Macquarie University student takes top honours 5 Shine Lawyers star takes out Young Gun Award 6 Minters poaches Clayton Utz lawyer 7 Colin Biggers & Paisley recognised for best practice 8 LW Awards: Meet the finalists 9 Laing O’Rourke named in-house team of the year10 Macquarie’s NYC legal counsel joins HDY

NexT weekOnly two law firms in the world have listed on the stock exchange, and they are both based in Australia. Lawyers Weekly analyses why Slater & Gordon and the law firms under the umbrella of Integrated Legal Holdings Limited decided to become incorporated legal practices, and whether many more will follow.

e d i T o r i a l b o a r dLawyers Weekly is delighted to have the following

industry leaders on its editorial board

a b o u T u seditor: Justin Whealing

Deputy editor: Claire Chaffeysenior Journalist: Briana Everett

Journalist: Stephanie QuineDesigner: Ken McClaren

Design Manager: Anthony Vandenberg senior online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group sales Manager Adrian Fellowes

senior Account Manager Stephen Richards

subscribe toDAyLawyers Weekly is published weekly and is

available by subscription. Please email [email protected]

All subscription payments should be sent to: Locked Bag 2333, Chatswood D/C, Chatswood NSW 2067

ADvertisinG enquiries: Adrian Fellowes

[email protected](02) 9422 2134 (mob) 0407 489 060

Stephen Richards [email protected](02) 9422 2891 (mob) 0429 305 836

eDitoriAl enquiries: Justin Whealing

[email protected] (02) 9422 2832 All mail for the editorial department should be sent to:

Lawyers Weekly, Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067

CAB MEMBER SINCESEPTEMBER 2000

Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Officer, LexisNexis Australia or email [email protected]. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

nick Abrahams Partner and

Sydney chairman, Norton Rose

helen Mckenzie Deputy

managing partner,

Blake Dawson

sharon cook Managing

partner, Henry Davis York

David cowlingPartner,

Clayton Utz

ewen crouch Chairman of

partners, Allens Arthur Robinson

sue GilchristPartner and

practice leader (intellectual

property group), Freehills

Andrew GrechManaging director, Slater & Gordon

will irvingGroup general counsel, Telstra Corporation

Joe catanzaritiPartner, Clayton Utz

robert MillinerChief executive partner, Mallesons Stephen Jaques

Megan PittDirector, Australian Government Solicitor

lucinda smith Partner, Thomsons Lawyers

JoiN THe conversAtion

Editor, Justin Whealing

4 L AW Y E R S W E E K LY 1 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteTHIS TIME of year is one of celebration, or commiseration, for many lawyers.

For promoted partners it is a time to pop the champagne bottles, with all those years of hard work paying off in the guise of a new title, higher charge-out rates and a chance to have a say in the strategy of how your fi rm is being run.

For senior associates looked over, this is the time to take the microscope to your career, and to take heart.

The globalisation of the Australian legal marketplace has made competition for talent intense. A recent Australian Institute of Management (AIM) survey of large companies, including fi ve large law fi rms, showed that employees are now more emboldened to walk if they feel they are not being adequately rewarded and recognised.

According to the AIM, voluntary turnover has increased from 10.3 per cent to 12.6 per cent in the past 12 months. “For the past few years, it has really been an employer’s market but that is changing” said AIM NSW and ACT chief executive David Wakely. “Many staff that stayed put during the downturn are now on the hunt for new opportunities and bigger pay packets.”

Disgruntled lawyers now have many options if they are seeking greener pastures.

If they wish to remain in private practice, then according to Taylor Root manager Matt Harris (see Briana Everett’s cover story on page 18), partnership at another fi rm remains a possibility.

“Senior associates who haven’t made partner this year should take a look at what else is out there and what other fi rms promise,” he said. “There are no guarantees but there are certainly some fi rms out there that are much more entrepreneurial than others when it comes to their progression capabilities.”

An increasing number of lawyers are also moving to in-house roles. It is the fastest growing sector within the legal fraternity, comprising over 20 per cent of the profession. It entices senior and junior lawyers alike with the prospect of more meaningful work, less admin and a chance to gain commercial skills that comes with rubbing shoulders with non-lawyers.

Of course, many other professions, such as journalism, are fi lled with ex-lawyers, with a law degree and practical legal experience highly regarded in many other sectors.

Lawyers Weekly wishes all the newly promoted lawyers well in their new roles.


Friendly facesFollow Lawyers Weekly on Facebook at www.facebook.com/lawyersweekly


TOP 10 STORIES ONLINE THIS WEEK

1 Linklaters raids Aussie fi rms 2 Corrs not drinking from Foster’s cup 3 It’s iPad or bust 4 Juror’s ‘lols’ land her in jail 5 Females dominate in Minters’ promotions 6 Lander & Rogers grows partnership by 18% 7 Freehills junior takes out competition 8 Gadens boosts partnership by 11 9 Partner leaves Freehills for Corrs10 Holding Redlich takes partner from Russell Kennedy

NEXT WEEK

Next week Lawyers Weekly goes behind the scenes to provide an insider’s perspective on what it is like to work on the big M&A and corporate deals.

E D I T O R I A L B O A R D Lawyers Weekly is delighted to have the following


A B O U T U S Editor: Justin Whealing

Deputy Editor: Claire ChaffeySenior Journalist: Briana Everett


Design Manager: Anthony Vandenberg Senior Online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes

SUBSCRIBE TODAYLawyers Weekly is published weekly and is



ADVERTISING ENQUIRIES: Adrian Fellowes


Vic, SA, WA: Stephen Richards (02) 9422 2891 (mob) 0429 305 836

EDITORIAL ENQUIRIES: Justin Whealing




Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Offi cer, LexisNexis Australia or email [email protected]. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.


Nick Abrahams Partner and


Helen McKenzie Deputy

managing partner,

Blake Dawson

Sharon Cook Managing


David CowlingPartner,

Clayton Utz

Ewen Crouch Chairman of


Sue GilchristPartner and




Will IrvingGroup general counsel, Telstra Corporation

Joe CatanzaritiPartner, Clayton Utz

Robert MillinerChief executive partner, Mallesons Stephen Jaques


Lucinda SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

L W_ 5 4 0 . p g 0 0 4 . p d f P a g e 4 2 7 / 0 6 / 1 1 , 6 : 0 9 P M


editor’sNoteThe ranks of many professions are swollen by ex-lawyers.

There has always been a curious anamoly that on the one hand, we have school students and then university graduates that work studiously over many years to get into law and put themselves in the best position to get the pick of the jobs upon graduation, only for many of them to leave the legal profession once they get a taste of it from the inside.

Why is this?In private practice, the hierarchical nature of numerous law

firms and the drudgery of much of the work in the early years of one’s legal career has a lot to do with it.

Many students, quite rightly, question why they are often spending vast amounts of time doing menial tasks under strict supervision, with every six minutes of their time recorded for posterity’s sake.

While many legally trained people leave the profession, most speak highly of the skills that a law degree and legal training provide in pursuing alternative careers.

Andrew O’Keefe, once of Allens Arthur Robinson but now a media celebrity, told Lawyers Weekly (see Stephanie Quine’s cover story on page 18) that his legal background has taught him “valuable lessons about hard work and scrupulousness”.

Another famous ex-lawyer, James O’Loghlin, was the emcee of the Lawyers Weekly Law Awards on 4 August (see page 10).

These awards showcased all that is good about the profession, with giants of the legal world such as Sir Laurence Street being honoured alongside the legal leaders of tomorrow, such as former Macquarie University student Ryan Harvey.

When speaking to James O’Loghlin before the awards, he conveyed to me that as a lawyer, he was left with the skills to think on his feet, be able to speak with a wide variety of people, and handle a crowd.

He also said that his work as a lawyer, particularly as a criminal lawyer with Legal Aid, was “the most meaningful job he had ever had”.

The Lawyers Weekly Awards last week highlighted just what a positive impact lawyers can have. However, the profession as a whole needs to be flexible to change its internal machinations to keep its best and brightest within the fold.


Friendly faces Follow Lawyers Weekly on Facebook at www.facebook. com/lawyersweekly


Top 10 sTories online this week

1 Global firm raids Minters to open in Australia 2 In-house counsel bear brunt of economic woes 3 LW Awards winners announced 4 Macquarie University student takes top honours 5 Shine Lawyers star takes out Young Gun Award 6 Minters poaches Clayton Utz lawyer 7 Colin Biggers & Paisley recognised for best practice 8 LW Awards: Meet the finalists 9 Laing O’Rourke named in-house team of the year10 Macquarie’s NYC legal counsel joins HDY

NexT weekOnly two law firms in the world have listed on the stock exchange, and they are both based in Australia. Lawyers Weekly analyses why Slater & Gordon and the law firms under the umbrella of Integrated Legal Holdings Limited decided to become incorporated legal practices, and whether many more will follow.

e d i T o r i a l b o a r dLawyers Weekly is delighted to have the following


a b o u T u seditor: Justin Whealing

Deputy editor: Claire Chaffeysenior Journalist: Briana Everett


Design Manager: Anthony Vandenberg senior online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group sales Manager Adrian Fellowes

senior Account Manager Stephen Richards

subscribe toDAyLawyers Weekly is published weekly and is



ADvertisinG enquiries: Adrian Fellowes


Stephen Richards [email protected](02) 9422 2891 (mob) 0429 305 836

eDitoriAl enquiries: Justin Whealing




Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Officer, LexisNexis Australia or email [email protected]. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.

nick Abrahams Partner and


helen Mckenzie Deputy

managing partner,

Blake Dawson

sharon cook Managing


David cowlingPartner,

Clayton Utz

ewen crouch Chairman of


sue GilchristPartner and




will irvingGroup general counsel, Telstra Corporation

Joe catanzaritiPartner, Clayton Utz

robert MillinerChief executive partner, Mallesons Stephen Jaques


lucinda smith Partner, Thomsons Lawyers

JoiN THe conversAtion


4 L AW Y E R S W E E K LY 1 J U LY 2 011 www.lawyersweekly.com.au

Editor’sNoteTHIS TIME of year is one of celebration, or commiseration, for many lawyers.

For promoted partners it is a time to pop the champagne bottles, with all those years of hard work paying off in the guise of a new title, higher charge-out rates and a chance to have a say in the strategy of how your fi rm is being run.

For senior associates looked over, this is the time to take the microscope to your career, and to take heart.

The globalisation of the Australian legal marketplace has made competition for talent intense. A recent Australian Institute of Management (AIM) survey of large companies, including fi ve large law fi rms, showed that employees are now more emboldened to walk if they feel they are not being adequately rewarded and recognised.

According to the AIM, voluntary turnover has increased from 10.3 per cent to 12.6 per cent in the past 12 months. “For the past few years, it has really been an employer’s market but that is changing” said AIM NSW and ACT chief executive David Wakely. “Many staff that stayed put during the downturn are now on the hunt for new opportunities and bigger pay packets.”

Disgruntled lawyers now have many options if they are seeking greener pastures.

If they wish to remain in private practice, then according to Taylor Root manager Matt Harris (see Briana Everett’s cover story on page 18), partnership at another fi rm remains a possibility.

“Senior associates who haven’t made partner this year should take a look at what else is out there and what other fi rms promise,” he said. “There are no guarantees but there are certainly some fi rms out there that are much more entrepreneurial than others when it comes to their progression capabilities.”

An increasing number of lawyers are also moving to in-house roles. It is the fastest growing sector within the legal fraternity, comprising over 20 per cent of the profession. It entices senior and junior lawyers alike with the prospect of more meaningful work, less admin and a chance to gain commercial skills that comes with rubbing shoulders with non-lawyers.

Of course, many other professions, such as journalism, are fi lled with ex-lawyers, with a law degree and practical legal experience highly regarded in many other sectors.

Lawyers Weekly wishes all the newly promoted lawyers well in their new roles.


Friendly facesFollow Lawyers Weekly on Facebook at www.facebook.com/lawyersweekly


TOP 10 STORIES ONLINE THIS WEEK

1 Linklaters raids Aussie fi rms 2 Corrs not drinking from Foster’s cup 3 It’s iPad or bust 4 Juror’s ‘lols’ land her in jail 5 Females dominate in Minters’ promotions 6 Lander & Rogers grows partnership by 18% 7 Freehills junior takes out competition 8 Gadens boosts partnership by 11 9 Partner leaves Freehills for Corrs10 Holding Redlich takes partner from Russell Kennedy

NEXT WEEK

Next week Lawyers Weekly goes behind the scenes to provide an insider’s perspective on what it is like to work on the big M&A and corporate deals.

E D I T O R I A L B O A R D Lawyers Weekly is delighted to have the following


A B O U T U S Editor: Justin Whealing

Deputy Editor: Claire ChaffeySenior Journalist: Briana Everett


Design Manager: Anthony Vandenberg Senior Online Producer: Rebecca Whalen

Group Production Manager: Kirsten Wissel Group Sales Manager Adrian Fellowes

SUBSCRIBE TODAYLawyers Weekly is published weekly and is



ADVERTISING ENQUIRIES: Adrian Fellowes


Vic, SA, WA: Stephen Richards (02) 9422 2891 (mob) 0429 305 836

EDITORIAL ENQUIRIES: Justin Whealing




Copyright is reserved throughout. No part of this publication may be reproduced without the express written permission of the publisher. Contributions are invited, but copies of all work should be kept, as Lawyers Weekly can accept no responsibility for loss. Lawyers Weekly and LexisNexis are divisions of Reed International Books Australia Pty Limited, ACN 001 002 357 Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067 tel (02) 9422 2203 fax (02) 9422 2946 ISSN 1833-5209 Important Privacy Notice: You have both a right of access to the personal information we hold about you and to ask us to correct if it is inaccurate or out of date. Please direct any queries to: The Privacy Offi cer, LexisNexis Australia or email [email protected]. © 2010 Reed International Books Australia Pty Ltd (ABN 70 001 002 357) trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., and used under licence.


Nick Abrahams Partner and


Helen McKenzie Deputy

managing partner,

Blake Dawson

Sharon Cook Managing


David CowlingPartner,

Clayton Utz

Ewen Crouch Chairman of


Sue GilchristPartner and




Will IrvingGroup general counsel, Telstra Corporation

Joe CatanzaritiPartner, Clayton Utz

Robert MillinerChief executive partner, Mallesons Stephen Jaques


Lucinda SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

L W_ 5 4 0 . p g 0 0 4 . p d f P a g e 4 2 7 / 0 6 / 1 1 , 6 : 0 9 P M

thisweek

Corrs calls PM to examine China impactThe CEO of Corrs Chambers Westgarth, John

Denton, called upon the Prime Minister to examine the implica-tions of China’s growth on the Australian economy. At a forum hosted in the firm ’s Melbourne office on 4 August as part of the Per Capita Reform Agenda Series, Denton stated that Australia has not fully grappled with the opportunities and implications of the dramatic rise in China’s power and called upon Prime Minister Julia Gillard and Cabinet to oversee a white paper to assist Australia in optimising future opportunities arising from China’s growth.

Aust must follow EU’s lead on animal welfareAustralia needs to take notice of

the progress being made with respect to animal welfare in the European Union (EU) and make similar advances, according to Voiceless chief executive officer Dana Campbell.

Speaking at the Voiceless 2011 Animal Law Lecture Series on 2 August at the New South Wales Law Society, Campbell noted the lack of progress Australia has made in terms of animal protection compared to that of the EU. “The Four Corners program that aired in May on live exports opened Australians’ eyes to the horrors of overseas export and slaughter … we should be seeking reforms here in Australia urgently and immediately.”

Argyle purchases Sydney boutiqueListed law firm Argyle Lawyers

purchased small Sydney firm PLN Lawyers Pty Ltd. The purchase of PLN by Argyle signals that the Sydney and Melbourne-based firm is set to pursue a growth strategy that will involve further acquisitions and lateral hires.”The mandate for growth still exists,” the managing principal of Argyle, Peter Bobbin, told Lawyers Weekly. “It is fair to say there will be more acquisitions in the future.”

Henry Davis York’s (HDY) has recruited the former head legal counsel of Macquarie Group, who was based in New York.

Former director and head legal counsel of Macquarie’s global private equity group, Sunil Patel, will join HDY as a corporate and commercial partner.

Patel worked in Freehills’ Sydney corporate group prior to his role at Macquarie and will return to Australia to join HDY on 12 September.

Currently sitting his New York Bar exam, Patel has extensive experience in corporate transactional work.

In particular, he has expertise in the private equity and activist investor/hedge fund space, as well as in listed public company equity capital markets and mergers and acquisitions.

Patel’s expertise will bring additional strengths to HDY’s existing corporate practice, said the head of HDY’s corporate and commercial group, Glenn Hughes.

“Sunil’s expertise will help to consolidate Henry Davis York’s position as a leading law firm in the financial services sector,” said HDY managing partner Sharon Cook.

In June, the firm boosted its partnership numbers by 10 per cent to 58 partners after the promotion of six senior associates.

After opening an office in Brisbane earlier this year, HDY now has around 200 lawyers spread across Brisbane and Sydney.

In 2011, HDY recorded its highest ever revenues of $101 million in the 2011 financial year.

The Web

6 l Aw y E r S w E E k ly 12 A U g U S t 2 011 w w w.law yersweekly.com.au

RE W IND

Macquarie’s NYC legal counsel joins HDY

Prime Minister Julia Gillard and Broadband Minister Stephen Conroy conceded that the national broadband network is six months behind schedule as a result of the ACCC’s decision regarding reseller access and the Government’s eleventh-hour deal with Telstra over its copper network.

Trade Minister Craig Emerson made calls for Australia to engage more closely with China’s provinces given the lack of progress on developing a framework for a free-trade agreement between Australia and China.

Kraft Foods announced its intention to split into two by handing over its North American grocery entity to shareholders. The groceries business accounts for approximately $16 billion in revenue and includes US beverages, cheese and convenient meals.

The Australian share market fell to its lowest level in 13 months, shedding $100 billion. Following substantial losses on global share markets, the Australian dollar fell below $US1.04 before rebounding slightly. Concerns were raised about the strength of the US economic recovery but Treasurer Wayne Swan said Australia’s economy is well-positioned to cope.

thisweek


Webb Henderson has advised singTel on the $1.89 billion sale of its assets, marking a critical milestone in the reform of singapore’s telecoms sector.

singTel sold its passive telecoms infrastructure assets into a separate business trust under Citynet Infrastructure Management Pte Ltd (Citynet) to support the ongoing operation of singapore’s next Generation national broadband network (nGnbn).

Webb Henderson lawyers Angus Henderson, Ara Margossian, Andrew Walsh, Ish omar and Korolyn rouhani-Arani advised on the commercial arrangements for singTel’s ongoing use of the transferred infrastructure, whilst Allen & Gledhill of singapore advised on the corporate elements of the transaction.

“The sale and leaseback arrangements that underpin this transaction will shift the industry to a full open access model

Minters poaches Clutz IP lawyerMinter Ellison has appointed John Fairbairn as a partner in its

international intellectual property team in Sydney. Fairbairn comes to Minters from Clayton Utz, where he was a partner for more than four years, with his practice focused on the media, technology and life sciences sectors. The convergence of the technology, media and telecommunications industries is central to Fairbairn’s copyright advisory, licensing and enforcement work.

Clutz recruits construction expert in HkClayton Utz has appointed construction

dispute resolution lawyer Geoffrey Shaw as partner. Shaw has practised in the Hong Kong market for over 20 years and has experience in construction-related arbitration and litigation, as well as ADR.

sparke Helmore poaches Norton rose partnerFormer Norton Rose Australia lawyer, Bill

Kritharas, has joined Sparke Helmore’s workplace health and safety team as a partner. Kritharas has experience advising on OHS issues in the construction, property and local government sectors and will boost the firm’s capability to handle OHS implications for Australian companies as OHS laws are harmonised nationally.

kirby joins animal rights movementFormer Justice of the High Court The Hon. Michael Kirby AC has joined

animal rights organisation Voiceless as patron. Kirby joins primatologist and animal advocate Dr Jane Goodall as part of the group, dedicated to defending animal rights and establishing animal protection as a social justice movement.

Deal Name: SingTel makes $1.89 billion sale of passive telecoms infrastructure assets into separate business trust. Key Players: Webb Henderson, Allen & Gledhill

Movers &

Shakers

DE A l OF THE W EEK

DE A l M A K ERS

webb Henderson powers singapore telecoms deal

for the delivery of super-fast broadband services in singapore,” said Margossian.

singTel entered into agreements to sell certain infrastructure assets, including ducts, manholes and exchange buildings that are critical to the operation of the nGnbn, to Citynet in its capacity as trustee-manager of netLink Trust.

The parties also made commercial arrangements for the use of those passive infrastructure assets by singTel to support its existing copper and fibre services and opennet fibre services.

“This new model entails a high degree of interworking between each of the separate layers that comprise the nGnbn to ensure effective service delivery ... [it’s] being watched closely in other markets currently planning or implementing similar reforms to the industry structure for telecommun-ications,” said Margossian.

Murray Dearberg Jamie Nettleton John Schembr

Firm Freehills (K-REIT Asia) Clayton Utz (Mirvac)

Addisons (Sportingbet), Clifford Chance (Centrebet)

Gilbert + Tobin (banks), Freehills (North Queensland Airports)

Deal name K-REIT Asia acquires 50 per cent interest in Mirvac 8 Chifley Trust

Sportingbet acquires Centrebet International Ltd

Refinance of debt facilities to acquire Cairns and Mackay airports

Area Corporate M&A Banking and Finance

Value 50% interest in property valued at $340 million.

$183 million $530 million

Key players Freehills’ Murray Dearberg

Addisons’ Jamie Nettleton

G+T’s John Schembri

thisweek

Corrs calls PM to examine China impactThe CEO of Corrs Chambers Westgarth, John

Denton, called upon the Prime Minister to examine the implica-tions of China’s growth on the Australian economy. At a forum hosted in the firm ’s Melbourne office on 4 August as part of the Per Capita Reform Agenda Series, Denton stated that Australia has not fully grappled with the opportunities and implications of the dramatic rise in China’s power and called upon Prime Minister Julia Gillard and Cabinet to oversee a white paper to assist Australia in optimising future opportunities arising from China’s growth.

Aust must follow EU’s lead on animal welfareAustralia needs to take notice of

the progress being made with respect to animal welfare in the European Union (EU) and make similar advances, according to Voiceless chief executive officer Dana Campbell.

Speaking at the Voiceless 2011 Animal Law Lecture Series on 2 August at the New South Wales Law Society, Campbell noted the lack of progress Australia has made in terms of animal protection compared to that of the EU. “The Four Corners program that aired in May on live exports opened Australians’ eyes to the horrors of overseas export and slaughter … we should be seeking reforms here in Australia urgently and immediately.”

Argyle purchases Sydney boutiqueListed law firm Argyle Lawyers

purchased small Sydney firm PLN Lawyers Pty Ltd. The purchase of PLN by Argyle signals that the Sydney and Melbourne-based firm is set to pursue a growth strategy that will involve further acquisitions and lateral hires.”The mandate for growth still exists,” the managing principal of Argyle, Peter Bobbin, told Lawyers Weekly. “It is fair to say there will be more acquisitions in the future.”

Henry Davis York’s (HDY) has recruited the former head legal counsel of Macquarie Group, who was based in New York.

Former director and head legal counsel of Macquarie’s global private equity group, Sunil Patel, will join HDY as a corporate and commercial partner.

Patel worked in Freehills’ Sydney corporate group prior to his role at Macquarie and will return to Australia to join HDY on 12 September.

Currently sitting his New York Bar exam, Patel has extensive experience in corporate transactional work.

In particular, he has expertise in the private equity and activist investor/hedge fund space, as well as in listed public company equity capital markets and mergers and acquisitions.

Patel’s expertise will bring additional strengths to HDY’s existing corporate practice, said the head of HDY’s corporate and commercial group, Glenn Hughes.

“Sunil’s expertise will help to consolidate Henry Davis York’s position as a leading law firm in the financial services sector,” said HDY managing partner Sharon Cook.

In June, the firm boosted its partnership numbers by 10 per cent to 58 partners after the promotion of six senior associates.

After opening an office in Brisbane earlier this year, HDY now has around 200 lawyers spread across Brisbane and Sydney.

In 2011, HDY recorded its highest ever revenues of $101 million in the 2011 financial year.

The Web

6 l Aw y E r S w E E k ly 12 A U g U S t 2 011 w w w.law yersweekly.com.au

RE W IND

Macquarie’s NYC legal counsel joins HDY

Prime Minister Julia Gillard and Broadband Minister Stephen Conroy conceded that the national broadband network is six months behind schedule as a result of the ACCC’s decision regarding reseller access and the Government’s eleventh-hour deal with Telstra over its copper network.

Trade Minister Craig Emerson made calls for Australia to engage more closely with China’s provinces given the lack of progress on developing a framework for a free-trade agreement between Australia and China.

Kraft Foods announced its intention to split into two by handing over its North American grocery entity to shareholders. The groceries business accounts for approximately $16 billion in revenue and includes US beverages, cheese and convenient meals.

The Australian share market fell to its lowest level in 13 months, shedding $100 billion. Following substantial losses on global share markets, the Australian dollar fell below $US1.04 before rebounding slightly. Concerns were raised about the strength of the US economic recovery but Treasurer Wayne Swan said Australia’s economy is well-positioned to cope.

thisweek


Webb Henderson has advised singTel on the $1.89 billion sale of its assets, marking a critical milestone in the reform of singapore’s telecoms sector.

singTel sold its passive telecoms infrastructure assets into a separate business trust under Citynet Infrastructure Management Pte Ltd (Citynet) to support the ongoing operation of singapore’s next Generation national broadband network (nGnbn).

Webb Henderson lawyers Angus Henderson, Ara Margossian, Andrew Walsh, Ish omar and Korolyn rouhani-Arani advised on the commercial arrangements for singTel’s ongoing use of the transferred infrastructure, whilst Allen & Gledhill of singapore advised on the corporate elements of the transaction.

“The sale and leaseback arrangements that underpin this transaction will shift the industry to a full open access model

Minters poaches Clutz IP lawyerMinter Ellison has appointed John Fairbairn as a partner in its

international intellectual property team in Sydney. Fairbairn comes to Minters from Clayton Utz, where he was a partner for more than four years, with his practice focused on the media, technology and life sciences sectors. The convergence of the technology, media and telecommunications industries is central to Fairbairn’s copyright advisory, licensing and enforcement work.

Clutz recruits construction expert in HkClayton Utz has appointed construction

dispute resolution lawyer Geoffrey Shaw as partner. Shaw has practised in the Hong Kong market for over 20 years and has experience in construction-related arbitration and litigation, as well as ADR.

sparke Helmore poaches Norton rose partnerFormer Norton Rose Australia lawyer, Bill

Kritharas, has joined Sparke Helmore’s workplace health and safety team as a partner. Kritharas has experience advising on OHS issues in the construction, property and local government sectors and will boost the firm’s capability to handle OHS implications for Australian companies as OHS laws are harmonised nationally.

kirby joins animal rights movementFormer Justice of the High Court The Hon. Michael Kirby AC has joined

animal rights organisation Voiceless as patron. Kirby joins primatologist and animal advocate Dr Jane Goodall as part of the group, dedicated to defending animal rights and establishing animal protection as a social justice movement.

Deal Name: SingTel makes $1.89 billion sale of passive telecoms infrastructure assets into separate business trust. Key Players: Webb Henderson, Allen & Gledhill

Movers &

Shakers

DE A l OF THE W EEK

DE A l M A K ERS

webb Henderson powers singapore telecoms deal

for the delivery of super-fast broadband services in singapore,” said Margossian.

singTel entered into agreements to sell certain infrastructure assets, including ducts, manholes and exchange buildings that are critical to the operation of the nGnbn, to Citynet in its capacity as trustee-manager of netLink Trust.

The parties also made commercial arrangements for the use of those passive infrastructure assets by singTel to support its existing copper and fibre services and opennet fibre services.

“This new model entails a high degree of interworking between each of the separate layers that comprise the nGnbn to ensure effective service delivery ... [it’s] being watched closely in other markets currently planning or implementing similar reforms to the industry structure for telecommun-ications,” said Margossian.

Murray Dearberg Jamie Nettleton John Schembr

Firm Freehills (K-REIT Asia) Clayton Utz (Mirvac)

Addisons (Sportingbet), Clifford Chance (Centrebet)

Gilbert + Tobin (banks), Freehills (North Queensland Airports)

Deal name K-REIT Asia acquires 50 per cent interest in Mirvac 8 Chifley Trust

Sportingbet acquires Centrebet International Ltd

Refinance of debt facilities to acquire Cairns and Mackay airports

Area Corporate M&A Banking and Finance

Value 50% interest in property valued at $340 million.

$183 million $530 million

Key players Freehills’ Murray Dearberg

Addisons’ Jamie Nettleton

G+T’s John Schembri

thisweek

8 l aw y e r s w e e k ly 12 a u g u s t 2 011 w w w.law yersweekly.com.au

An understanding of the commercial drivers of the business is critical to the success of in-house lawyers and their climb up the corporate counsel career ladder.

Commerciality and developing an understanding of the business’s strategy was the recurring advice that came from a panel of general counsels at the career progression segment on 3 August at the LexisNexis* National In-house Counsel 2011 Conference.

During the discussion panel, five industry leaders, including Citigroup general counsel Philip Holt and eBay’s director of legal affairs Katrina Johnson, discussed the key steps required to progress through the ranks of an organisation.

Panel member Michael Vardanega, a former Blake Dawson lawyer and recently appointed general counsel at Challenger Ltd, said the role of general counsel requires the development of

technical skills that are relevant to the business’s strategy. In addition, a cool head, good communication skills - providing information and advice succinctly that’s relevant to the audience - as well as good connections and relationships with those in private practice are all skills that in-house counsel need to be successful.

Formerly a litigation lawyer, Citigroup’s Holt said his career progression to general counsel was not a result of any plan or strategy, but simply by taking the opportunities that came his way.

Brigid Keary, director of risk and quality - marketing, communications and business development at Deloitte Touche Tohmatsu, advised in-house lawyers to not be afraid of shedding the ‘lawyer’ label, while continuing to apply a critical mind to issues of the business.

*LexisNexis is the publisher of Lawyers Weekly magazine

Law firms need to change the way they operate to encourage more women to stay in the legal profession.

That is the view of NSW Law Society president Stuart Westgarth, who told Lawyers Weekly that the promotion and retention of women within law firms remains a major issue within the legal profession.

“Undoubtedly the figures would lead to the conclusion that there are issues with the culture of law firms,” he said.

In May, statistics released by the Law Society of NSW showed that the number of female lawyers in NSW had increased by 452 per cent between 1988 and 2010, with 46 per cent of lawyers currently practising in the state being female. However, just over 23 per cent of principals in law firms with more than 20 partners are women, while firms with two to 20 partners have only 18 per cent of women in senior positions.

Throughout July, Westgarth hosted a number of panel discussions and meetings with prominent female members of the legal profession, such as Freehills partner Philippa Stone and the deputy chairman of ASIC and former Mallesons Stephen Jaques partner Belinda Gibson.

This culminated in the law society launching a “Thought Leadership” initiative aimed an encouraging the advancement and retention of women in the profession on 29 July.

“The figures are so bad that we want to engage in a strategy that produces long-term changes,” he said. “By discussing it, publishing a document and then continuing to discuss what is published, we thought that process would make people think about the issue and what they might do to affect that change.”

Work-life balance goes out the window for corporate counsel when the economy dips, according to the group general counsel and company secretary of insurance australia Group ltd (iaG).

Speaking at the lexisnexis* national in-house counsel 2011 conference in Sydney on 4 august, chris bertuch said that continuing economic and regulatory uncertainty means in-house lawyers are expected to be available to deal with business issues at whatever time they arise - and that can play havoc with peoples’ personal lives.

“in the current climate, this challenge is out of our control,” he said. “How do we define our roles in ways that give us what we want from our careers?”

bertuch said that the natural concern for an in-house lawyer is to do what is best for the business, which is an even greater issue in an uncertain regulatory, political and economic environment.

However, he said it is also important for legal

counsel to “make conscious decisions” about how they want their career to impact on their lives.

“You don’t have to strive to reach the pinnacle of your organisation ... be true to yourself,” he said. “Set clear priorities and communicate those priorities. Take responsibility for making them happen.”

bertuch added that while saying such things is easy, it is often far more difficult to put into practice, especially with the advent of technology which makes people accessible 24 hours a day. “is technology a help or a hindrance?” he asked.

bertuch added that while the global economy continues to flounder, in-house lawyers will be working hard to ensure their business weathers the storm - but for how long that storm will last, no-one knows.

“nobody has any clear idea as to where we’ll be in 12 months’ time, either in the australian economy or in other economies around the world,” he said.

Business nous key to in-house career

law society head calls for firms to change culture

In-house counsel bear brunt of economic woes

thisweek

8 l aw y e r s w e e k ly 12 a u g u s t 2 011 w w w.law yersweekly.com.au

An understanding of the commercial drivers of the business is critical to the success of in-house lawyers and their climb up the corporate counsel career ladder.

Commerciality and developing an understanding of the business’s strategy was the recurring advice that came from a panel of general counsels at the career progression segment on 3 August at the LexisNexis* National In-house Counsel 2011 Conference.

During the discussion panel, five industry leaders, including Citigroup general counsel Philip Holt and eBay’s director of legal affairs Katrina Johnson, discussed the key steps required to progress through the ranks of an organisation.

Panel member Michael Vardanega, a former Blake Dawson lawyer and recently appointed general counsel at Challenger Ltd, said the role of general counsel requires the development of

technical skills that are relevant to the business’s strategy. In addition, a cool head, good communication skills - providing information and advice succinctly that’s relevant to the audience - as well as good connections and relationships with those in private practice are all skills that in-house counsel need to be successful.

Formerly a litigation lawyer, Citigroup’s Holt said his career progression to general counsel was not a result of any plan or strategy, but simply by taking the opportunities that came his way.

Brigid Keary, director of risk and quality - marketing, communications and business development at Deloitte Touche Tohmatsu, advised in-house lawyers to not be afraid of shedding the ‘lawyer’ label, while continuing to apply a critical mind to issues of the business.

*LexisNexis is the publisher of Lawyers Weekly magazine

Law firms need to change the way they operate to encourage more women to stay in the legal profession.

That is the view of NSW Law Society president Stuart Westgarth, who told Lawyers Weekly that the promotion and retention of women within law firms remains a major issue within the legal profession.

“Undoubtedly the figures would lead to the conclusion that there are issues with the culture of law firms,” he said.

In May, statistics released by the Law Society of NSW showed that the number of female lawyers in NSW had increased by 452 per cent between 1988 and 2010, with 46 per cent of lawyers currently practising in the state being female. However, just over 23 per cent of principals in law firms with more than 20 partners are women, while firms with two to 20 partners have only 18 per cent of women in senior positions.

Throughout July, Westgarth hosted a number of panel discussions and meetings with prominent female members of the legal profession, such as Freehills partner Philippa Stone and the deputy chairman of ASIC and former Mallesons Stephen Jaques partner Belinda Gibson.

This culminated in the law society launching a “Thought Leadership” initiative aimed an encouraging the advancement and retention of women in the profession on 29 July.

“The figures are so bad that we want to engage in a strategy that produces long-term changes,” he said. “By discussing it, publishing a document and then continuing to discuss what is published, we thought that process would make people think about the issue and what they might do to affect that change.”

Work-life balance goes out the window for corporate counsel when the economy dips, according to the group general counsel and company secretary of insurance australia Group ltd (iaG).

Speaking at the lexisnexis* national in-house counsel 2011 conference in Sydney on 4 august, chris bertuch said that continuing economic and regulatory uncertainty means in-house lawyers are expected to be available to deal with business issues at whatever time they arise - and that can play havoc with peoples’ personal lives.

“in the current climate, this challenge is out of our control,” he said. “How do we define our roles in ways that give us what we want from our careers?”

bertuch said that the natural concern for an in-house lawyer is to do what is best for the business, which is an even greater issue in an uncertain regulatory, political and economic environment.

However, he said it is also important for legal

counsel to “make conscious decisions” about how they want their career to impact on their lives.

“You don’t have to strive to reach the pinnacle of your organisation ... be true to yourself,” he said. “Set clear priorities and communicate those priorities. Take responsibility for making them happen.”

bertuch added that while saying such things is easy, it is often far more difficult to put into practice, especially with the advent of technology which makes people accessible 24 hours a day. “is technology a help or a hindrance?” he asked.

bertuch added that while the global economy continues to flounder, in-house lawyers will be working hard to ensure their business weathers the storm - but for how long that storm will last, no-one knows.

“nobody has any clear idea as to where we’ll be in 12 months’ time, either in the australian economy or in other economies around the world,” he said.

Business nous key to in-house career

law society head calls for firms to change culture

In-house counsel bear brunt of economic woes

thisweek


Firm takes blame for student all-nighterSJ Berwin has admitted fault for allowing a summer student to work until 5am, reports The

Lawyer. A female student on SJ Berwin’s two-week vacation scheme recently worked until the early hours of the morning after being asked to help another female colleague on a document for an international arbitration matter. A graduate recruitment partner at the firm admitted that while the student willingly stayed, the firm had got it wrong on this occasion.

assisted dying poll shows support for change in lawA survey in the UK of more than 2,000 people shows three in four people think terminally

ill adults should have access to medical help to die, reports The Guardian. Sarah Wootton, chief executive of Dignity in Dying, said the results show that the public supports a change in the law for assisted suicide which currently remains a criminal offence in England and Wales, punishable by up to 14 years in prison.

Firm says sDt action “totally unjustified”UK firm Davenport Lyons (DL) has criticised the Solicitors Discipli-nary Tribunal’s (SDT) decision to fine and ban

from practice two partners that sent “intimidating letters”, reports The Lawyer. Partner David Gore and former partner Brian Miller were banned from practice for three months after being found guilty of sending aggressive letters and demanding compensation and costs to individuals accused of illegal file sharing. DL said the action was “totally unjustified” and the partners plan to appeal the ruling.

reed smith raids Dla Piper partners Four DLA Piper partners will move to Reed Smith in a move to bulk up its capital markets, M&A and corporate and

securities practices reported The Lawyer. Yvan-Claude Pierre, William Haddad and Daniel Goldberg have joined Reed Smith’s New York office while Garth Osterman, who was previously a partner at the firm, will be based in its San Francisco office. Global managing partner Greg Jordan said the group would “significantly bolster” Reed Smith’s capital markets presence and capability.

US/U

K U

pdate

American-based global law firm Squire Sanders has taken 15 partners from Minter Ellison to start its first Australian office.

On 5 August, Squire Sanders announced it was entering the Australian legal market via the opening of a single office in Perth. In making the announcement, the American firm said the current managing partner of Minters in Perth, John Poulsen, was the designated Squire Sanders Australia managing partner and that it planned to commence operations in October.

“The enhanced practice will enable the combined firm to strengthen relationships with clients in Japan and China, where Squire Sanders has strong offices, and with clients and opportunities in South Africa, and the rest of South East Asia,” Squire Sanders chair and global chief executive officer James J Maiwurm said.

Talking to Lawyers Weekly, Minter Ellison chief executive partner John Weber admitted that “there would have been some people we would have been happy to have from that [Squire Sanders] office”.

However, he said Minter Ellison senior management had been in negotiations with the Perth partners for around 12 months about the future of the Perth office – which was not a fully integrated part of the Minters network, and that this now gave his firm the opportunity to establish a fully integrated Perth office by the time Squire

In a move reminiscent of Allen & Overy’s raid on Clayton Utz last year, another global firm has plundered the top tier to open in Australia. Justin Whealing reports

global firm raids Minters to open in australia

Sanders is up and running in October.“Over the last few years, as part of our

strategy agenda, was a desire to get our office in Perth integrated, as up until now it has operated under a license agreement,” he said. “The way I look at it, we are now able to execute on that strategy where we would be able to open our own office.”

Weber also said he had an “open mind” about Minters joining a global law firm in the long-term. “It is possible that we would go down the merger route in the future,” he said.

While all the defecting partners are still with Minters for the moment, the only four partners who have indicated they will be remaining with the firm post-October are John Prevost, Leith Ayres, Ben Cockerill and Andrew Thompson.

Weber said that by the time the integrated office opens in October, he would like to have at least eight partners in Perth, and around one dozen shortly after.

He said the shortfall between now and then would be made up by internal promotions, lateral hires and the relocation of existing Minters partners from the east coast to Perth.

Squire Sanders currently has 36 global offices, which are largely based in the USA and Europe. In the Asia-Pacific, it has offices in Beijing, Shanghai, Hong Kong and Tokyo.

lawyersweeklyawards


I t was all about stunning views, sparkling wine and expensive cars at this year’s Lawyers Weekly Awards, proudly sponsored by Bentley Motors, which were held in the

forecourt of the Sydney Opera House on 4 August.

The most senior members of the profession and legal leaders of tomorrow turned out for the ceremony, mingling by the harbour as the sun set on two of Sydney’s greatest icons and waiting to hear who had won the nine hotly contested categories.

Emceeing the ceremony was funny man James O’Loghlin, who managed to elicit laughs from everyone in the crowd, particularly when referring to his own legal career with Blake Dawson and as a criminal lawyer.

The first award off the rank was The College of Law - Law Student of the Year Award.

As well as acting on numerous significant and high-profile class actions both here and abroad, Jancauskas this year launched an Australian-first initiative to further the cause of environmental justice in Australia – the Environmental Justice Society.

The judges awarded two highly commended awards: one to James Farrell, the manager and principal lawyer of the PILCH Homeless Person’s Legal Clinic, and the other to Amy Munro, a senior associate in Mallesons Stephen Jaques’ dispute resolution group.

The Dolman In-House Lawyer or Team of the Year Award was received by the winning team amidst shrieks of delight. The Laing O’Rourke in-house legal team couldn’t quite believe their ears when they were announced as winners for their successful defence of two significant matters in which the company

lawyers honoured at awardsAs the sun set behind Sydney Harbour last Thursday, Australia’s best and brightest lawyers gathered to celebrate the 2011 Lawyers Weekly Awards.

This went to outstanding Macquarie University student Ryan Harvey, who currently works as a personal research assistant at Allens Arthur Robinson and will next year commence as associate to the Honourable Justice John Dyson Heydon AC.

University of New South Wales student Courtney Young was a close runner up to Harvey and took out the judge’s highly commended award. Young graduated from UNSW this year and now works as an associate to Judge Flannery in the District Court of NSW.

The second gong of the night went to Rebecca Jancauskas of Shine Lawyers in Queensland. She took out the Hays Recruiting Young Gun of the Year Award and was recognised for being an “all-rounder” with “extraordinary experience for someone so young”.

lawyersweeklyawards

was involved, as well as their reaction to the Queensland floods earlier this year, which affected a number of the company’s projects and destroyed one of their primary operating premises in Brisbane’s southern suburbs.

The 2010 in-house team of the year, Cadbury, made an appearance at this year’s awards under their new brand, Kraft Foods. The team was highly commended for their efforts in transferring the businesses across Australia and New Zealand.

This year’s innovator award, the Philips Box-Breaker of the Year Award, went to the founder of new model law firm Advent Lawyers. John Knox established Advent Lawyers in Sydney in 2008, and its business model and strategic alliance with a well-known global legal process outsourcing company impressed the judges, who said Knox’s dedication to setting up Advent in Australia, which is “a cost effective alternative to traditional law firms based on Axiom Legal in the US”, was especially noteworthy.

The judges awarded a highly commended to the managing director of Bespoke Law, Jeremy Szwider.

The general manager at Colin Biggers & Paisley took out the Toll Priority Practice Manager of the Year Award, impressing the judges with his dedication to improving the culture of the firm, as well as the way in which he has adapted to the changing nature of law


and the demands of legal practice. “The firm has transformed under Luke’s leadership,” said one of the judges.

Competition for this award was extremely close, with Allens Arthur Robinson candidate Erin Feros a very close runner up, taking out the judges’ highly commended award.

Next to grace the podium was Freehills’ director of people & development, Gareth Bennett, who took out the LexisNexis Talent Manager of the Year Award.

Bennett, who has been at Freehills since 2007, snatched the title from Clayton Utz’s Vicki Thompson, who came in with a highly commended.

Under Bennett’s direction, Freehills’ talent management strategy has resulted in a strong business performance and the judges were impressed that Bennett’s strategies were directly linked to outcomes from a business performance perspective. “Gareth shows great success by demonstrating the business outcomes resulting from the team’s talent programs,” said one of the judges.

One of the most hotly contested categories at this year’s awards was the Project Futures Dealmaker of the Year Award. Scooping the pool was Gilbert + Tobin partner Garry Besson, who overcame some impressive competition to take out the award, with nominees including last year’s winner, Freehills partner Tony Damian and Mallesons Stephen Jaques partner

Jeff Clark, who was highly commended.As a partner in Gilbert + Tobin’s corporate

advisory group, in the last 12 months Besson has advised on deals that represent some of the most significant transactions in the market, with a combined value of $10 billion. These included acting for Shell Energy Holdings Australia Limited on the $US3.3 billion partial sale to Woodside Petroleum Limited and for Riverside Mining in its recommended $4 billion bid by Rio Tinto.

As the night drew on, guests applauded Slater & Gordon managing director Andrew Grech, who took out the Phoenix Business Solutions Managing Partner of the Year Award.

Grech was recognised for the success he has brought to Slater & Gordon in his 11 years as the company’s leader, narrowly beating Corrs Chambers Westgarth managing partner John Denton, who was highly commended for the second year in a row.

This year it was a very close call for the judges, who described Grech and Denton as “truly outstanding leaders”.

Grech’s and Denton’s achievements were recognised amongst an impressive list of finalists, which included Fox Tucker managing partner Joseph De Ruvo, Wotton + Kearney managing partner David Kearney, Mallesons Stephen Jaques chief executive partner Robert Milliner and Clifford Chance Sydney managing partner Mark Pistilli.

A selection of Law Award winners and dignatories

12 l aw y e r s w e e k ly 12 a U G U s T 2 011 www.lawyersweekly.com.au

lawyersweeklyawards

The final and most anticipated award of the night was the Bentley Motors Life Achievement Award, for which Sir Laurence Street took out the top honours.

The applause was long and rapturous when Sir Laurence’s win was announced and, with typical wit and charm, the former NSW Chief Justice took to the stage and proceeded to delight the crowd.

“When I was told I would be receiving an award tonight, I didn’t realise I’d be getting a Bentley,” he quipped, pointing to the two shimmering cars parked in the marquee with one of his walking sticks (which, he pointed out to the audience, weren’t a side affect of old age, but merely due to his recent knee reconstructions).

In fact, Sir Laurence was so enamored by the Bentley which took him to the Award’s ceremony, he said that he deliberately delayed his departure so the neighbours could see the classic car parked outside the front of his house.

Sir Laurence humbly accepted the award and spoke of his time as a young lawyer, reminding those in the room of the importance of using the law as a means to effect justice.

Amongst a number of outstanding contenders for the award, the difficult task of deciding who was most deserving of such an honour was carried out by the editorial team of Lawyers Weekly, based on the recipient’s contribution to the legal profession, their accomplishments of note over the course of their career, their lifetime of client service as well as their overall leadership and influence on the Australian legal sector.

In order to make this process as open and

I was caned three times when I was at high school, the last occasion when I was a prefect. Thankfully, I was able to keep my prefect’s tie.”

SIr Laurence STreeT remInISceS abouT hIS SchooL dayS before joInIng The navy In WorLd War II and beIng admITTed aS a barrISTer In 1951, In accepTIng The benTLey moTorS LIfe achIevemenT aWard

transparent as possible, while still ensuring the selection of a candidate who is acknowledged throughout the profession as a leading legal luminary, it was decided that the award would be open to outstanding members of the profession who have been profiled as a Legal Leader over the past 12 months in Lawyers Weekly.

In the end, it was decided that very few lawyers could boast as distinguished a career as Sir Laurence, who is the third Chief Justice of NSW in his family.

After studying law at Sydney University following service in the Royal Australian Navy in World War Two, Sir Laurence was admitted as a barrister in 1951 and appointed a judge of the NSW Supreme Court in the Equity Division in 1965 before serving 14 years as the Chief Justice from 1974 to 1988.

Since then Sir Laurence has acted as a mediator, overseeing the settlement of more than 1500 commercial disputes, presided over a number of commissions and inquiries and held positions as varied as president of St John Ambulance Australia (NSW), world president of the International Law Association, chairman of John Fairfax Holdings and the Australian member of the World Intellectual Property Organisation Arbitration Consultative Commission.

During his 23 years as a NSW Supreme Court judge, Sir Laurence certainly presided over some major cases, including the 1983 Royal Commission into claims that Neville Wran, then the Premier of NSW, had improperly influenced the magistracy.

Two notable commissions of inquiry that Sir Laurence held recently include what was dubbed the “Street Inquiry”, established by the Australian Federal Police in 2007 to review its counter-terrorism operations, and an inquiry that Sir Laurence headed at the behest of the Queensland Government into the death of Mulrunji Doomadgee, an Aboriginal man that died in police custody on Palm Island in 2004.

Sir Laurence has had a long interest in Aboriginal issues, with his mother Jessie Street a long-term campaigner for Aboriginal rights and Sir Laurence doing pro bono work in the area of Aboriginal land rights.

In his work as a commercial mediator, he negotiated a settlement between the British National History Museum and Indigenous groups to return the remains of 17 Aboriginal persons to the Tasmania Aboriginal Centre in late 2006.

He is still a practising mediator and continues to act as an ADR consultant for the Defence Legal Office and a mediator for the Court of Arbitration for Sport. LW

A Giant of the law

opinion


Most Australians find something better to do with their time than think about the Australian Constitution. That is

understandable. The Constitution can seem like a dry and dusty document, which doesn’t inspire and rarely changes.

But 2011 is a year to shake off that indifference. If we had a different Constitution, Aboriginal and Torres Strait Islander people would be in a better place today. If we improve it now, they can be in a better place tomorrow. That would be good for all Australians.

The unusual outcome from the last federal election created an opportunity for positive constitutional change. Andrew Wilkie and the Greens only agreed to support a minority Labor government after Julia Gillard committed to a referendum on recognising Indigenous people in the Australian Constitution at or before the next federal election.

An Expert Panel on Constitutional Recognition of Indigenous Australians was established in late 2010. It is presently thrashing out ideas and holding community consultations across the country. A website is up and running (youmeunity.org.au), a discussion paper was released in May and the panel has invited public submissions before the end of September.

In November 2010, Prime Minister Julia Gillard committed her Government to holding a referendum on recognising Indigenous Australians in the Constitution. Sean Brennan argues this process should go further than symbolic acknowledgement

STORY CONTINuES ON PAGE 15 (AfTER SAlARY REvIEw SuRvEY)

a rare chance for positive change

opinion


“A referendum package that will actually do something practical to address the situation of Indigenous people is arguably more likely to gain majority support than one which confines itself to symbolic change”

The panel is due to report by December, so that 2012 is available for building the public interest and momentum necessary if a referendum is to succeed in 2013. Any proposal for constitutional change must meet two threshold requirements:

First, it must secure strong support amongst Aboriginal and Torres Strait Islander people. Otherwise, the point of the exercise is seriously undermined. Secondly, it must achieve wide support amongst the 97% of Australian voters who are non-Indigenous. The referendum requires a voting majority in at least four out of six states and a national majority as well.

The final recommendations of the panel are some months away, but ideas for changing what the Constitution says about Aboriginal and Torres Strait Islander people have circulated for many years. The panel has picked many of them up in its discussion paper, and we can readily identify the main contenders for inclusion in a package of constitutional reform.

Remember that we start from a very low base. There is presently no reference in Australia’s foundational legal document to

Sean Brennan

2000 we should get rid of it. John Howard’s government agreed and indeed the Coalition tried to do so unsuccessfully in 1967 (as part of a wider package of reforms). Labor tried the same thing in 1974 and 1988. It is time we got that job done.

But stopping there would leave the job unfinished. Racial discrimination against Indigenous people remains possible under the Australian Constitution, even in the absence of section 25. We need two further changes.

Currently, the Commonwealth can make special laws it deems necessary for the people of any race (section 51(26)). The only laws which have relied exclusively on this power are laws about Aboriginal and Torres Strait Islander people. The High Court appears to believe that can include laws which discriminate adversely against Indigenous people. The races power should be amended, so that it becomes a power to make laws with respect to Aboriginal and Torres Strait Islander people, with a constitutional prohibition on racial discrimination inserted to ensure the positive use of such a power. Such guarantees against racial discrimination are a common feature of modern constitutions around the world.

Finally, we should consider the inclusion of a power to make agreements between governments and Indigenous people. This is a practical measure, which supports negotiation as a primary means for resolving complex challenges which arise in areas like health, education and land. The existing support offered to agreement-making between the states and the Commonwealth in s 105A of the Constitution offers a good legal model.

The law has been an instrument for both good and ill in Indigenous affairs in Australia. The door is open to positive constitutional change. We need to switch on and engage before the door closes and a rare opportunity passes us by. LW

Sean Brennan is a senior lecturer and director of the Indigenous Legal Issues Project at the Gilbert + Tobin Centre of Public Law, in the UNSW Law School.

the first peoples of this continent, despite the presence of Aboriginal people here for the last 50,000 years.

Both major parties support recognition of Indigenous people in a preamble. There is currently no preamble to the Australian Constitution itself and a 19th Century preamble to the UK Act in which our Constitution is housed. Finding the right words will not be easy, but inserting a new preamble which acknowledges the past, present and future importance of Aboriginal and Torres Strait Islander people to the human story of this continent is an important act of recognition.

A referendum package which stops at a new preamble, however, risks failure. Symbolism can be a powerful thing when dealing with the relationship between first peoples and the nation-state. The outpouring of emotion in Canberra and across the nation when former Prime Minister Kevin Rudd made the National Apology in the Federal Parliament is a recent example. Aboriginal and Torres Strait Islander people know how rare it is for the Australian legal system to open itself up to fundamental and positive change. Many of them or their ancestors know what it feels like to have laws discriminate against them on the basis of race. More than two centuries after colonisation and 110 years on from federation, it is questionable whether a new preamble is enough.

Secondly, Australians are much more inclined to say ‘No’ than ‘Yes’ at a referendum. They have done so on 36 out of 44 occasions. Australians are said to be essentially practical people when it comes to politics and government. A referendum package that will actually do something practical to address the situation of Indigenous people is arguably more likely to gain majority support than one which confines itself to symbolic change.

That suggests we need to cross the bridge from the preamble into the body of the Constitution itself. We could start by deleting section 25. It is an outdated provision, with no place in our 21st Century Constitution.

It contemplates that state governments would introduce electoral laws which deny the vote to people on the basis of their race. The Council for Aboriginal Reconciliation said in

legalleaders


W hen Mark Leibler AC, senior partner of Arnold Bloch Leibler (ABL), says he became a lawyer to make the world a better place,

he’s not being facetious. The Hebrew phrase tikkun olam, which effectively means ‘repairing the world’, has been the inspiration underlying many of Leibler’s life choices, including his decision to become a lawyer and “do some good in society” – and since 1966, when he first joined ABL, he has done exactly that.

“I was born here in Australia but my parents emigrated here three or four years beforehand from Belgium. My mother’s parents ended up in Auschwitz,” says Leibler, revealing where his life-long dedication to social justice stems from. “My parents were imbued with a very strong sense of justice with an emphasis on the importance of education.”

Presented with the choice of becoming an academic, going to the Bar, or becoming a solicitor, Leibler ultimately decided he wanted to “operate in the real world” – and ended up as a lawyer. “To me, human interaction and solving practical problems, in a practical way, was important,” he says.

Apart from a brief period spent at Yale University to obtain a Master of Laws with honours, Leibler has spent his entire career with ABL ever since he completed his articles with the firm in the mid-60s, becoming a partner in 1969.

knowing your audienceAchieving change has always been an important focus during Leibler’s legal career. However, one lesson he’s learned since his younger days is the importance of relationships within the community and how crucial interaction with the community is in achieving change.

“Lots of lawyers like making big submissions to government which end up in inboxes and never come out,” he says. “My focus has always been to get some sensible change but focusing

While establishing himself as one of Australia’s leading tax lawyers, writes Briana Everett, Mark Leibler AC has devoted much of his life to social justice and the rights of Indigenous Australians.

Not just a lawyer

legalleaders


in February this year. His retirement from the board of Reconciliation Australia comes after his December 2010 appointment by Prime Minister Julia Gillard as co-chair, with professor Patrick Dodson, of the Expert Panel on Constitutional Recognition of Indigenous Australians.

The expert panel has the task of developing options to recognise Aboriginal and Torres Strait Islander peoples in the Constitution and to help generate community support for the proposal. In developing options, the panel is considering a range of views and will propose options for change which are deemed to have the best chance of success at a referendum – which the Australian Government is committed to holding within the current term or at the next federal election.

“Probably the most difficult thing I’ve ever taken on is what I’m in the middle of at the moment and that’s being co-chair of this panel. We’ve got to report back [to the Government] by 1 December and it’s very, very difficult,” he says.

Despite the challenges associated with his significant contribution to the Jewish community, which includes his position as

on particular areas where I believe what I have in mind to do is in fact doable … I’ve come to the conclusion that the interaction is more important than the black letter of the law.”

And knowing who, rather than what, you’re dealing with is an important part of being a successful lawyer and leader, according to Leibler.

“Of course you need to know your law – any lawyer needs to be competent – but at the end of the day what’s written in statute, or in the textbook, or in the case is impacted by administrators, by regulators who have their own procedures and let things go. You need to understand that and know the people you’re dealing with,” he advises.

Of course, as Leibler admits, it helps if you know the right people, in the right places, at the right time.

“I’ve known the top people at the tax office for some decades now and I’ve known senior politicians, prime ministers, treasurers over many, many years. Obviously that’s been helpful in terms of trying to get things done,” he says. “You’ve got to have good relationships with regulators, with politicians and with opinion makers.”

The energy Leibler has put into building relationships throughout his career is, in part, thanks to his mentor and late partner, Arnold Bloch, who taught Leibler a very simple but valuable lesson.

“One of the first lessons he taught me – and I try to emphasise this to my partners, senior associates and lawyers – is when you get a call from a client, try and return it the same day,” says Leibler. “It’s what you call service and it’s very important.”

the biggest challenge yetThe impetus for Leibler’s legal career – his Jewish background and dedication to tikkum olam – has also been the inspiration behind his ongoing pursuit for social justice and the rights of Indigenous Australians.

“I suppose because of all the suffering the Jewish people [endured] for the last couple of thousand years, I became particularly empathetic to our Indigenous Australians who live in conditions which are worse than in third world countries,” explains Leibler, whose dedication to the community and Indigenous affairs saw him appointed a Companion in the General Division of the Order of Australia in 2005.

“All of that impacted on me and I figured, if you’re going to do some good in society, lawyers have the capacity to do that,” he sasys.

Appointed to the board of Reconciliation Australia when it was established in 2000, Leibler became co-chair of the not-for-profit organisation in 2005 and only stepped down

national chairman of the Australia/Israel and Jewish Affairs Council and as life chairman of the United Israel Appeal of Australia, Leibler says his involvement in Indigenous affairs has proved to be the most difficult undertaking of his career.

“I think governments are, more or less, at long-last on the same page in terms of what needs to be done,” he says. “But there are real question marks over whether or not the bureaucracy, at a grass-roots level, can deliver.”

As he tackles his biggest challenge yet fighting for Indigenous rights, Leibler still manages to maintain his full-time commitment as a senior partner at ABL – albeit with a little less sleep.

“I do a full day’s work absolutely – more than that,” he says. “Where I suffer is my sleep. I’m very much involved.”

The key to juggling the growing number of things on his plate, he says, is organisation.

“I find that if you’re very well organised, it’s amazing what you can pack into a day – and at night. I’m working every night basically. My lifestyle balance is probably not ideal but it’s a result of my choice.” LW

I’ve known senior politicians, prime ministers, treasurers over many, many years”

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“I didn’t leave because I didn’t like

it, I left I left because I wanted to see where

the other road went”

Photograph by John Hoang

Comparisons between the courtroom and the stage have often been made: spellbinding oratory, dramatic entrances, intricate stories and memorable characters - not to mention wigs and props. But despite the similarities, leaving a career in law for more creative pursuits is no small feat. Stephanie Quine asks three ex-lawyers about their journey out of the courtroom and into the limelight.

coverstory


It is often said that people are either analytical or creative creatures and not much common ground can be found between the two. But it seems that the

analytical lawyer and the creative entertainer do indeed share something: an appetite for words and a desire to persuade. This is certainly the case for stand-up comedian James O’Loghlin who, from being a corporate hot shot at Blake Dawson and busy criminal lawyer to working in the TV industry, has learned a thing or two about playing to an audience.

His ability to have people laughing one minute and thinking critically the next has made him a popular corporate performer and host of television and radio shows across

leaving law

Australia. In his live comedy show Lawyer Lawyer, O’Loghlin reflected on his eight-year journey “stumbling through the system” of corporate and criminal law until finally finding the right place.

For Andrew O’Keefe, the son of former Justice of the Supreme Court of New South Wales Barry O’Keefe and brother of well-known international lawyer Roger O’Keefe, his decision to abandon the legal profession might have been considered an unusual one.

But the entertainer, best known for hosting the hit game show Deal or No Deal, followed his instincts and left legal logic behind for showbiz. Formerly an intellectual property lawyer at Allens Arthur Robinson, O’Keefe remembers fondly the camaraderie of law firms and still

actively advocates for causes such as the elimination of violence against women.

Fifteen years ago, Jane Allen’s life as a lawyer at Blake Dawson was very different to the one she has now. Her desire to pursue a career as a screenwriter has taken her all the way to the writers’ department of CSI: Crime Scene Investigation in Los Angeles, where she worked with a former FBI serial killer profiler and was taught to shoot a handgun by a retired CSI investigator. Her new career now boasts production credits in Blue Heelers, Stingers, The Secret Life of Us, MDA, McLeod’s Daughters, Neighbours and Home and Away.

For O’Loghlin, O’Keefe and Allen, leaving the law behind has been both a challenge and a reward.


coverstory

“Being a criminal advocate is certainly a more important job and a really satisfying job. Being a stand-up comedian, you know it’s for people to laugh. When it works, it’s great fun”

Why did you decide to pursue a career in law?That’s a good question and I still don’t know the answer. I was one of those people who got a decent HSC mark and thought I shouldn’t waste it. I was an “artsy” person, not a “sciencey” person, so I decided to do Arts/Law, and all of a sudden five years later I was a lawyer. I’m sure some people have a certainty that they want to be lawyers, but there are a lot who just “become lawyers” and I was one of them.

Where was your first gig as a lawyer?Blake Dawson Waldron. I started in 1991 as a corporate lawyer but it wasn’t really my thing so I moved to a small criminal and immigration firm the next year and worked for Legal Aid as a criminal lawyer from 1994 to 1999 - the last couple of years of which were part time.

Why did you take your first job?Right through uni it was collectively assumed that the best thing to do was to get a job with a big corporate firm. If I’d taken five minutes to think about what I was interested in and good at I would have realised that it didn’t suit me. I’m fascinated by criminal law and it was my favourite subject at uni.

What did you love about law?As soon as I started doing crime [laughs] I realised it was what I wanted to be doing, I wanted to be standing up in court and talking. As a duty solicitor at Legal Aid for five years, everyday I was getting up seeing who had what sort of problems and going into court and being their mouthpiece. I really loved that.

I didn’t leave because I didn’t like it. I left because I wanted to see where the other road went.

What else did you do whilst practising law?Through the ‘90s I was doing stand-up comedy, initially as a hobby and then I started to get work and was sort of running [law and comedy] in parallel. Around 1997 I went three days a week at Legal Aid, then two days a week and then, in 1999, I realised it was probably a good idea to commit fully to one or the other.

What’s the common ground between law and comedy? You are performing and your job is to get the attention of the audience, be it 100 people or one magistrate, and get them to see the world in the way you’re trying to portray it, whether that’s to make them laugh or get them to understand why someone committed a particular crime. A lot of lawyers are show offs and one of the reasons they go into law is because they have this sort of gung ho fantasy. A lot of them get dissatisfied because only a very small minority of jobs as a lawyer actually allow you to do a lot of advocacy.

Which occupation is more important?As a stand-up comedian, if you fail you feel humiliated and bad and worthless, but nothing bad happens to anyone. As a lawyer, if you stuff up other people can bear the brunt of that. Being a criminal advocate is certainly a more important job and a really satisfying job. Being a stand-up comedian, you know it’s for people to laugh. When it works, it’s great fun.

You are the author of How to Balance your Life. What’s your experience of work/life balance? Corporate lawyers mostly admit that their industry has terrible work/life balance. My experience is from 20 years ago, but I do a lot of

speaking at events with lawyers [the most recent of which was the Lawyers Weekly Awards on 4 August] and it seems things haven’t changed much at the big end of town. The hours weren’t bad at all at Legal Aid though, because when it was on, it was on, and when it wasn’t, you had to wait for it to start again. You’d get to court about 8.30am and meet everyone who wanted to be represented and it was “Go, go, go!” but by mid afternoon, all the advocacy was done.

Did you find any creative fodder in law?Every time you do a plea for someone, a bail application, a hearing, try and cross examine someone or make a submission, there’s an opportunity to do that in the same old way that the magistrates have heard before, or to try and make them sit up, listen, take notice and see your client as a flesh and blood person, rather then number 68 on their list. So I do think there are opportunities for creativity.

Was it difficult to leave law?It was difficult to make the jump. I was really lucky that at Legal Aid I could work part time. I was really scared to leave because of the security factor and I still get nervous about that now. I’m in a very insecure industry with no guarantees, especially with a family. So far it’s been great, but who knows what will happen in the next few years.

How did you make the jump?I think it was when I was going to two days a week at Legal Aid and I’d come into the office and people would go, “Oh, you still work here do you?” It was becoming a smaller and smaller part of my life.

Would you ever go back?Yes, if the media and [stand-up comedy] stuff sort of ran out. If I could get back into crime [laughs], that could be a job I think I would still like. It wouldn’t be my preferred option, but if I need to go back I will.

What do you do when you’re not working?I’ve got three young children so that’s pretty much the answer. A bit of exercise, read a few books and work on various unfinished projects which may never be finished ... At the moment I’m trying to write a kids novel, so that should be out in 2018.

James O’Loghlin

1966 Born in Melbourne

2002 – 06 Hosted ‘The Evening Show’ on 702 ABC Sydney and ABC Local Radio around NSW and the ACT

2006 Released Umm ... A Complete Guide to Public Speaking

2008 Broadcast the 200th episode of the New Inventors program on ABC

2009Released book: How To Balance Your Life

1990 Began performing stand up comedy


coverstory

“I just decided I’d had enough – that law was the aberration rather than the path”

Why did you decide to pursue a career in law? I finished my degree in Arts/Law from Melbourne University and worked in theatre for a long time as a writer, performer, stage manager and sound technician. Then I hit 30 and thought, “I’ve got this law degree, should I be a lawyer now instead of hitting 50 and wondering whether I should have been a lawyer?”

How did your first gig as a sole practitioner in criminal defence happen?Geoff Tobin (of Geoff Tobin Solicitors) handed me his criminal practice because he was moving onto other things. I walked in the door and he said, “There you go. You can now run all the criminal things that come in the door and just come and ask me all the questions you want”. It was both fantastic and terrifying. We did a lot of legal aid work but unfortunately at that time there wasn’t so much work coming through and I was retrenched after about nine months.

Why did you take your first job?I got to do a lot of advocacy and one of the reasons I wanted to do criminal defence work was that I was interested in going to the Bar and that’s a good way into it.

You worked at Slater & Gordon at the same time Julia Gillard was a partner there. What is one of your most memorable experiences during that time?At the time I was at Slaters, the firm was running a big class action in America representing women with silicone breast implants against the manufacturers of the implants. We had thousands of clients across Australia and I was part of a group of travelling

solicitors who would go out on the road and take statements. It was an extraordinary job to do and great to do something that really felt like it was important. I saw woman after woman who was terrified that she had a ticking time bomb inside of her … We were just chucked in and had to cope with all of that.

How did you leave law and start writing the lines we hear on TV?I moved into family law for a while, but it just didn’t grab me so that was the end of my lawyering. I just decided I’d had enough – that law was the aberration rather than the path. So I went back to theatre and moved into TV. I was always interested in writing so I started in production. My first TV job was in Blue Heelers as a runner, because that’s the way in. It’s a very hierarchical business. I drove cars and washed dishes and got coffees. I think I’m probably one of the few people with a law degree who’s been a runner – and I was very lucky because eventually they put me in the script department.

You’ve written for a number of crime and legal shows. How have your former days in law helped you out in scripting?They make me not scared about tackling legal language and sometimes I have a familiarity of law concepts more so than other writers. Although I wasn’t working in criminal defence for very long, there are stories and experiences I can draw from. I can say, “Yes, I was in a court and I got blasted by a judge” or “Yes, I had a client who I sent home at a time I shouldn’t have and they had to put out a warrant for her arrest because I didn’t know what I was doing”. Ten years ago I worked as a writer on a show called Medical Defence Association (MDA) and was able

to use the breast implants experience because it was all about medical negligence. Now, writing for Crownies (a new show on the ABC based on lawyers working in the Department of Public Prosecutions) I can use the criminal law experience. The next show I do will have to be about family law so I can use my very minimal experience of family law in that.

Did you find any creative fodder in law?Plenty! The law is full of weird, wild and wonderful characters and stories – both amongst the clients and the lawyers themselves.

What’s been your experience of work/life balance both as a lawyer and a screenwriter?Both jobs are demanding – of time and energy and creativity. I have to say what I love about being a screenwriter is that I get paid to make stuff up. Although some lawyers do that too.

Is there any common ground between the two occupations?Lots of common ground. They’re both about words. Both occupations attract pedants. Both use words to tell a story and convince someone of a particular position.

Would you ever go back to law?I don’t know that law would have me! I’m too far out of the loop. And for me – well, I really love what I’m doing right now, so why change?

Jane Allen

1981Began studying Arts/Law at Melbourne Uni

1987Graduated

1988-1992Worked in theatre as a writer, performer, stage manager and sound technician

1992Studied at the Leo Cussen Institute, was admitted to practice law and began first job working for Geoff Tobin Solicitors in criminal law

1994Lawyer at Slater & Gordon

1996-2011Leaves law to focus on writing and TV production


coverstory

Why did you choose to study and go into law? Well, it was a toss up between law and lepidoptery (the scientific study of butterflies and moths), and I just can’t picture myself in brown socks and sandals. I was also bribed by my father to enrol, which was a dangerous game on his part, as he was the NSW ICAC Commissioner at the time. I should have taken him for more. What did you love about the law?I really enjoyed the camaraderie of smart, motivated and by-and-large ethical people, all working towards a defined goal. It was a stimulating environment. The process of TV production can be terribly atomised, and the quality of the output often bears little correlation to the energy of your input ... There are just too many unseen intermediaries between the performer and the product. That’s why I prefer live TV. What’s more, though I know you won’t believe this, TV executives don’t always have the best interests of performers at heart. I found the law a much more nurturing environment. Graduates may not believe that, but it’s true. Did you find any creative fodder in law? Oh, plenty. The idiosyncrasies of legal language and logic, the vast array of egos and personalities, the innumerable ways that case law reveals the folly and venality of humankind; all of this will be poured into the Remington Steele-meets-Rumpole style series I’m going to write one of these days. It’ll be a comedy to those who think, and a tragedy to those who feel (to paraphrase someone much smarter than me). Why did you leave law? Was it a hard decision to make? It was a bit. For a start, I enjoyed my job

immensely in IP litigation at Allens. But we’d also just had our first child and bought our first house, so jumping ship was (to quote my dad) “most precarious”. Fortunately my friend, boss and mentor Jim Dwyer counselled me to follow my instincts, generously offering me a year’s leave in 2002. To my knowledge, I’m still officially on leave. Actually, I’m thinking of cashing in some long service Jim ... How has your experience being a lawyer helped you through life and your current career? People tend to assume that you’re awfully clever if you’ve practised law, and around contract re-negotiation time it pays not to disavow them of that notion. Mind you, the law did teach me some valuable lessons about hard work and scrupulousness, and I’m sure I’ll have an opportunity to apply those lessons to the world of TV one day. What is the contrast like between law and the world of showbiz? Working in a team to get a strong case up always gave me a sense of clarity of purpose, and at the end of the day, the judgment would either vindicate your efforts or challenge you to improve. Sometimes in TV-land it can feel like you’re blithely pumping out buckets of gas, mountains of insubstantial verbiage, with no benefit to show for it at the end. But then you’ll receive a beautiful letter from a stranger explaining, for example, the joy that their mum or dad took from your performance in the last years of their life, or the way in which their kids get so excited when you pull a certain stunt. It reminds you that enjoyment is a worthwhile end in itself, and that entertainment is important, because the

ability to escape the reality around us is one of the geniuses of humankind. Who is your role model? For better or worse (and it’s much more of the former, I hasten to add Your Honour), my dad. By example, he taught us that personal success is meaningless in the absence of service to others. What do you think about work/life balance in the legal industry, especially given the high rates of depression among lawyers and focus on billable hours? I think it’s very difficult to strike the right balance in any profession. Well, in any profession in which you’d like to succeed. There’s nothing wrong with demanding very high standards of yourself, and there will always be times when those demands exceed the limits of personal wellbeing. But the trick is to ensure that this doesn’t become the norm. You have to take stock from time to time and ask yourself a couple of very basic questions: am I happy? Am I being good to the people I love? If the answer is no, and the reason is work, you have to force yourself to change, because you only get one life.**Note: this last comment may not apply to Buddhist or Hindu lawyers.

What do you do when you’re not working? I have three kids who demand modern fathering, I’m the chairman of the White Ribbon Foundation for the elimination of violence against women, I develop show concepts for production (well, one of them will be produced one day I’m sure), I write music in the wee hours, I swim everyday to clear the cobwebs, and I travel as often as possible. We just got home from three weeks in the spectacular Kimberley, and are already planning our next holiday. So far it’s a toss up between Turkey and a road-trip from San Francisco to Seattle. Anyway, I have enough on my plate to keep me out of excessive mischief, though a little mischief is essential to any worthwhile day. LW

Andrew O’Keefe

“People tend to assume that you’re awfully clever if you’ve practised law, and around contract re-negotiation time it pays not to disavow them of that notion”

1971Born in Sydney

1999Practiced as a solicitor with top-tier firm Allens Arthur Robinson

2001In the winning Australian team at the Montreal Comedy Festival

2002Accepted a contract with The Seven Network

2004Began hosting Deal or No Deal and co-hosted the tsunami appeal Reach Out which raised over $20 million for tsunami relief efforts around Asia

2004Became an ambassador and founding member of the White Ribbon Foundation in Australia

2006Began hosting Weekend Sunrise

2007- 09Hosted quiz show The Rich List

Thanks to more favourable market conditions over the last 12 months, the salaries for in-house lawyers in the banking and finance space have steadily increased.


careercounsel

Of employers say workers are more

productive today than before the recession

began, while 12 per cent feel workers are less

productive than before the recession

30 %

Source: CareerBuilder.com survey on employee productivity, 18 May to 8 June, 2011

Of employers think workers are less productive in the

summer 26 %

my next move: Back to private practice?

“Thank you for taking the time to see me today. Before we start, I have to ask, ‘What is prompting you to move from an in-house position back into private practice?’”

I have asked this question more than once in the last several months. Don’t get me wrong, we still have many a lawyer wanting the reverse. However, the grass of in-house is proving for many not to be greener. In fact, astro turf may be a better description.

Surely the lack of billable hours, work/life balance and a culture “that really values its employees” is enough to tempt any lawyer to the bright, coal-face, bonus-laden world of being an in-house lawyer? Perhaps not.

On the contrary, many in-house counsels miss being a lawyer. They miss the job of “lawyering”. When I ask candidates whether

Andrew Taylor, private practice consultant, Naiman Clarkeworking abroad

while in-house salaries have improved in the last year, the 2011 Taylor Root Market update and salary Review has revealed that most salary increases were modest and that the large annual salary increases of the pre-recession days are not expected to return in the foreseeable future.

According to the Taylor Root report, 65 per cent of employers gave the same or similar salary increases as they did last year and in comparison with 2010, when over 60 per cent of clients noted a “zero” increase, this year almost all salary freezes have been lifted and the ability to reward has improved.

“Although there is still a noticeable supply-demand issue for talent with specific expertise and levels of experience, there remain less opportunities generally for candidates in comparison to previous years,” the report states. “Competition for candidates is reasonable but not desperate.”

In-house salaries rising

they feel like a lawyer in their in-house role, the response is usually, “Yes, I do. However, a lot of my work is compliance focused. I miss the advice aspect. It’s very satisfying providing people with advice – more so when that advice is appreciated and respected … I do like my job, it’s just now I know what the client wants and I want to return to private practice to share this knowledge”.

Others in similar situations have cited various reasons for leaving the holy grail of in-house, including the variety of clients, being seen as the “roadblock” to deal-making and no longer being in the position of “trusted advisor”.

Perhaps those lawyers contemplating a return to private practice should consider the fate of artist Paul Gauguin. He made it to “paradise”, but it didn’t end well. Moreover, think of all the sordid advice he could have given had he returned to Paris!

The report notes that given the fewer number of open vacancies, significant annual pay increases are no longer used as a primary retention tool.

“Retail banks and retail financial services providers have remained competitive with each other and have provided consistent salary increases to existing staff across the board. There have also been several examples of significant salary increases offered to attract new staff externally, although these are the exception rather than the rule,” the report states.

“investment banking legal salaries and total remuneration packages continue to lead the market with funds and asset management roles also rewarding well within certain organisations.”

in terms of bonuses on offer, almost every organisation (just over 90 per cent) now offers at least a discretionary bonus or capped value bonus.

however, due to significantly less demand and few senior roles on the open market, as well as restricted headcount budgets, the report claims that sign-on and guaranteed bonuses have become extremely rare in the banking and financial services area.

Judge frees crooks and goes on holidays

folklaw

26 l aw y e r s w e e k ly 12 a U G U s T 2 011 www.lawyersweekly.com.au

Lawyer evades tax to pay for wedding

Two of the UK’s top lawyers were busy crossing light sabres this week as they battled over the future of the universe.

The Star Wars universe, that is.

As reported by RollonFriday, the UK Supreme Court bore witness to a dark battle over whether the iconic stormtrooper helmet, designed for and used in the first Star Wars film, is protected under copyright law.

Representing the rebel force (i.e. British designer Andrew Ainsworth, who invented the headwear in question and kept on distributing it following the success of the film) was Alistair Wilson QC, while Jonathan Sumption QC was acting for the empire: Lucasfilm Limited.

The crux of the case was whether the stormtrooper helmet was an artistic “sculpture” or a functional piece of equipment.

Sumption argued vehemently on behalf of

Lucasfilm that the helmet had to be seen as a sculpture because it was used in an “imaginary” universe and could thus not possibly have a functional purpose.

“Star Wars films are set in an imaginary, science-fiction world of the future,” he reportedly argued.

But the Supreme Court unanimously rejected that argument, agreeing with an earlier decision of the Court of Appeal that the helmet - despite

QCs revel in intergalactic stoush

An American lawyer might not be living happily ever after following accusations he engaged in tax fraud to pay for his daughter’s wedding.

Last month, Knoxville, Tennessee lawyer John Threadgill was charged with tax evasion after it was alleged that between 1986 and 2004 he dodged $US1.4 million ($1.3 million) in taxes, using that money to pay for a variety of personal expenses.

According to the blog Lex Fidelis, Threadgill spent over $US245,000 on family education expenses, $US213,000 on personal real estate purchases, $US69,000 on his daughter’s wedding and $US52,000 on travel.

Authorities allege that Threadgill created and maintained ledgers that

concealed the true nature of his personal spending spree from his law firm accounts, disguising them as legitimate deductions on his law firm income tax returns.

While not condoning such actions, Folklaw hopes that Threadgill got value for money on these “expenses”, and that his daughter and her betrothed are still together and living the American dream.

In November 2009, Threadgill was suspended for practising law for one year by the Tennessee Supreme Court for the misappropriation of client funds. His trial starts on 21 September.

originally existing in a pretend universe - had “a function within the confines of the film as the equipment of the stormtrooper”.

The court thus concluded that the helmet was not a mere sculpture and therefore Ainsworth could continue to go on his merry way and distribute it.

Folklaw does not pretend to be a hardcore Star Wars fan - with knowledge of the film being limited to Ewoks and that cute little round robot thing - but it is quite certain that the QCs involved very much enjoyed working on this one .

An impatient judge has freed a number of people awaiting sentencing for crimes they pleaded guilty to – because a lawyer was late returning to his court.

Star.com reports that in the Canadian town of Newmarket, around 25km north of Toronto, Superior Court judge Howard Chis-vin set free a dozen people in July after an assistant Crown attorney was six minutes late coming back from a break.

At 11.46am on 21 July, the judge said the missing lawyer had 30 seconds to get back to court. The lawyer had been paged on the intercom numerous times, but when he had not returned by 11.47am, Chisvin dismissed all matters for want of prosecution.

The lawyer returned at 11.53 with the judge telling him that “there was no Crown here for 10 minutes and you were paged and paged and paged”.

The assistant attorney explained he was late coming back because he was studying a prisoner’s psychiatric report in the Crown Attorney’s office – where there is no intercom access.

Included amongst those who walked out of the courtroom as a free person was an alleged drunk driver who is believed to be a violent and paranoid schizophren-ic, as well as a disbarred lawyer who was facing fraud charges. Folklaw was relieved to find out

that to bring some credit back to the Newmarket legal fraternity after the judge’s whopper, the disbarred lawyer has agreed to reappear in court. The alleged drunk driver is still on the loose though.

Star.com further reported that Judge Chisvin has not been able to help Newmarket authorities in their attempt to re-arrest the

accused criminals, as he is currently on holidays.

Unsurprisingly, the Newmarket chief prosecutor

has complained about the judge’s conduct to the

Ontario Judicial Council.

R E A d T H E L AT E S T F o L k L a w o N L I N E www.lawyersweekly.com.au/folklaw

‘The crux of the case

was whether

the storm-trooper

helmet was an artistic

“sculpture” or a

functional piece of

equipment.’

Bentley Adelaide32 Belair RoadHawthorn, 5062South Australia08 8272 8155

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For International roles, call Karlie Connellan on +61 (0)2 9236 9000 or email [email protected] For Australian Private Practice roles, call Matt Harris or email [email protected]

For Australian In-House roles, call Brian Rollo or email [email protected] For Melbourne roles, call Tim Fogarty on +61 (0)3 8610 8400 or email [email protected]

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

Andrew MurdochIn-House Sydney

taylorroot.com.au

Energy Hong Kong Top international law firm with strengths in LNG and oil & gas work seeks a junior to mid-level qualified energy lawyer. The candidate can be coming from a corporate or finance angle but must be looking to commit to HK for at least four years. No languages required. Ref: 156400. 2-5+ years

Private Client SingaporeOur client is a private equity fund based in Singapore now looking for senior legal counsel to advise on the private holdings part of the fund. Work will involve complex trusts/equity trusts/private real estate acquisitions. Experience advising high-net worth individuals advantageous. Ref: 134401. 5+ years

Insurance - Legal Counsel SingaporeInternational insurance brokerage seeks senior legal counsel for their Singapore operation. Must have deep understanding of the insurance industry and a proven track record in advising on cross-border insurance matters. Lead and mentor a team of junior lawyers. Ref: 131001. 6+ years

Corporate CaymanThere is a leading offshore firm that has a need for strong corporate lawyers with City exposure who would like to relocate to Cayman. The workload will include funds work and the deal will include no tax, a City salary and an idyllic life on a Caribbean Island. Call to find out more. Ref: 825660. 3+ years

Associate Competition BrusselsMagic Circle firm in Brussels is looking to strengthen its competition team with a junior lawyer with 1-2 years’ PQE and a strong competition background. Brussels is the place to be for competition work and you will get exposure to high profile cases. Great opportunity. Ref: 850250. 1-2 years

Corporate DubaiThis international firm has a long and proud history in the region and has had a strong year in corporate. With the recovery underway, it is now keen to hire 2 more corporate lawyers from junior to upper mid-level. M&A, JV and equity capital markets experience most desirable. Ref: 23033. 1-6+ years

Corporate DohaThis is a leading international law firm which has a strong presence in the Qatar market. They are currently looking for a 4-6 years’ qualified corporate/commercial lawyer who wants to join an established team in a strongly emerging market. Get in touch for more information. Ref: 24753. 5-7+ years

Regional Legal Counsel DubaiThis major MNC with a global presence is now looking for a senior IT/commercial lawyer to be based in its Dubai office with a remit for the Middle East and Africa. High-value IT contracts, risk and regulatory experience from a MNC company vital. £Tax free package. Ref: 24803. 7+ years

IP London A rare opportunity to join one of the Magic Circle firms in the City. Working alongside rated experts you will enjoy a broad mix of contentious and non-contentious matters. A genuinely stand-alone team in a fantastic working environment. Experience from a top-tier firm is essential. Ref: 796240. 3+ years

International

AustraliaEnergy QLD & WAMultiple opportunities exist for talented lawyers Australia wide. Lawyers with experience in either mining, oil & gas, electricity and water will be highly regarded. Exceptional packages and relocation to Brisbane and Perth on offer. Interviewing now. Ref: 642178. 3+ years

Employment PerthExceptional opportunity for you to take a step-up and relocate to one of Australia’s finest employment practices. Work across the full gamut of IR/ER work in a collegiate environment under the tutelage of the best in the business. Full relocation paid. Ref: 643907. 3+ years

Infrastructure Projects MelbournePremier top-tier firm seeks projects/construction lawyers with a background in the management and delivery of major projects. The highest quality work in the Melbourne market is on offer. We are after the best talent, so expect top of the market salaries. Ref: GP644476. 2-8+ years

Insolvency MelbourneMarket leading practice is recruiting at the junior level. Candidates with previous banking experience wishing to specialise in this field are welcome to apply. Strong academics essential as well as training at a well regarded practice. To c.$100,000. Ref: 644434. 2-3+ years

IT/Technology SydneyActively seeking experienced IT/tech/outsourcing specialists, this top-tier team are able to offer hands on exposure to a range of major infrastructure projects. Top of the market salary. They have a structured bonus system and great long-term career prospects. Ref: 2416612. 4+ years

Construction SydneyFantastic role in a Sydney based mid-tier firm who have one of the leading construction practices in the city. You will get access to market leading work and be involved in front and back-end matters. Superb salary and work/life balance on offer. Ref: 644491. 2-4+ years

Financial Services SydneyLeading financial services organisation is seeking a talented FS lawyer with high quality experience in advising on Chapter 7 of the Corps Act, AFSL, FSR, distribution and general corporate advisory and commercial drafting. Excellent career progression opportunities. Ref: 644385. 2-6 years

Media Sydney Outstanding opportunity for a talented lawyer with a passion for the media industry to join this global media icon within a supportive and mentoring team. This will be a 360° media role and you will be involved in all aspects of the company. Ref: 640511. 2-4+ years

Legal Counsel Sydney This leading blue-chip organisation is seeking an experienced legal counsel to join its in-house legal team. This will be an interesting role providing advice on a range of contracts, transaction structuring, marketing, regulatory and compliance matters. Ref: 644137. 6-8+ years

Lawyers Weekly August 12, 2011

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