Lawyers Weekly, October 7, 2011

www.lawyersweekly.com.au

554 Print Post Approved 255003/05160

Friday 7 October 2011

LEGAL LEADERS

SMOOTH SAILINGLavan Legal head enjoys west life

PRACTICE PROFILE

LEGAL AIDOVERFLOWLawyers defending the defenceless

THIS WEEK

OPTIMOUTLaw fi rm shuts

IN-DEPTH

MORNINGTONMERGERAshurst Blakes tie-up brokered over lunch

THE UPSIDE OF DOWN

The legal work that fl ows from bad news

L W_ 5 5 4 . p g 0 0 1 . p d f P a g e 1 3 0 / 0 9 / 1 1 , 1 : 4 8 P M

DOL183-05 ALW#554 Life Saver ALW FP 235x 297mm September 29, 2011 4:19 PM

Client approval: ______________

Studio approval: ______________

Career Lifeline

Sydney | Commercial Litigation 2 – 4 yearsOur client is on the lookout for an IP litigator or commercial litigator who is interested in expanding into IP litigation. You will be advising on a diverse mix of IP dispute matters and will play a key role in developing client relationships . First rate drafting and communication skills and a positive, can-do attitude are essential. Exceptional career opportunity on offer. Ref: SYD/4175/OH

Sydney | Bio Tech/Life Sciences3 – 5 yearsRare opportunity for an experienced lawyer to join the Life Sciences team of this highly regarded firm. Working with a leading partner this role will see you focus on high profile bio tech advice work, litigious and regulatory matters for the biggest names in the pharmaceuticals space across the APAC region and the US. Candidates with experience in IP, commercial litigation or health law will be considered. Ref: MEL/4372/AM

Sydney | Funds & Super 4 – 5 years Senior lawyer with around four years experience in funds management and superannuation to work with two leading partners on a broad range of complex matters. You will act for house names in the financial services sector and advise on all legal issues impacting funds managers and their specialist service providers, including fund and investment management structuring, product development, distribution and regulatory compliance. Ref: SYD/4450/AM

Sydney | Senior TMT 5 years +This top-tier firm are currently seeking an experienced technology and communications senior associate. You will work on major IT outsourcing, software development, systems acquisition and integration, licensing, distribution, agency and teaming agreements or regulatory advice, network/ IT infrastructure projects, product development and customer terms as well as telecommunications-related M&A matters. Top tier salary and excellent bonus scheme available Ref: SYD/4344/AM

Sydney | Property2 – 3 yearsOur client is a well-known national mid-tier firm with an opening for a sharp and ambitious junior property lawyer. You will gain experience working for a range of clients including property developers, shopping centres and the government sector on a broad range of property matters. Your enthusiasm, energy and hard work will be rewarded. Supportive and collegiate team environment. Ref: SYD/4482/GG

Sydney | Construction (front end)Senior AssociateOur client is a large well respected national firm with an exciting opportunity for a senior associate with a solid construction transaction background from a top-tier or well respected practice, to work on major building, engineering and infrastructure projects across a range of industry sectors. Excellent technical and drafting skills and a background working on government matters or a range of projects is essential. Ref: SYD/4377/GG

Sydney | Banking & Finance2 – 3 yearsSavvy front-end banking and finance lawyer is sought by this very well respected mid-tier firm. You will gain excellent experience advising a number of leading Australian financial institutions and corporates. You will be exposed to a range of matters, including debt restructuring, securitisation, structured property and development finance. This is a great opportunity to work with leaders in this practice area, within a collegiate environment. Ref: SYD/4185/GG

Brisbane | Corporate Senior Associate This national Australian law firm seeks a senior transactional lawyer. You must have previous experience in a senior role of a corporate team for a renowned corporate practice with a sound understanding of the relevant complex legislation, equity capital markets, structuring, due diligence and a broad range of other transactions. High level and interesting work is on offer within a friendly and supportive team environment. Ref: BRI/4124/GG

Brisbane | EmploymentSenior Associate Excellent opportunity for a senior associate to join this growing international firm and work with leading partners. You will work on a diverse range of contentious and non-contentious matters including industrial/employment disputes, drafting a variety of employment agreements, and advising on equal opportunity and OH&S matters for blue chip clients. Clients include corporates from a range of industry sectors and government bodies. Ref: BRI/4022/AM

InternationalVietnam | Corporate4 – 6 yearsThis role involves a mix of public and private M&A, joint ventures, private equity and securities offerings from complex transactions to smaller deals providing greater responsibility. You will deal directly with multi-national corporations and financial institutions assisting on structuring, documenting, negotiating, licensing and post-licensing aspects of projects. You will be expected to mentor and supervise junior lawyers on relevant matters. Top or highly regarded mid tier background. Ref: VTM/4471/RL

Bangkok | M&A/Private EquityMid LevelRare opportunity to work on cross border deals from the Bangkok office of this international firm. You will have at least 3 years of relevant experience gained from a top-tier or similar quality law firm. You will act for clients within a range of sectors on private and public company acquisitions and JVs. You need to be Commonwealth qualified but Thai language ability is not necessary. Ref: BAN/4452/RL

Singapore | Banking & FinanceJunior and Mid LevelsWork with leading global and Asian lenders and corporates across the full range of banking and project work advising on highly structured tax and trade financings, acquisition, leveraged and project financings. Advise on the development of Greenfield projects in the energy and infrastructure sectors including public-private finance initiatives. Ideal candidate has strong banking background with experience of project work either from a finance or developer perspective. Ref: SIN/4445/RL

Sydney | IT/Commercial 7 – 10 yearsThis is a key senior role within the in-house team of this leading Technology company. You will provide advice and handle complex commercial and technology transactions with their major Corporate and Government clients. The successful candidate will have strong experience in IT/Telco Law from a major law firm and/or recognised corporation. Strong commerciality and communication required. Ref: SYD/4478/DS

Sydney | Corporate/Commercial7 – 10 yearsThis highly recognised global corporate has a new role for a senior commercial lawyer to join their team. There is a broad range of work on offer including corporate advice, company secretarial, commercial contracts, TPA etc. You will be working as part of a cohesive team with plenty of support and close business alignment. Ref: SYD/4469/DS

Sydney | Corporate 4 – 6 yearsThis major ASX listed company has a new role for a savvy corporate lawyer. You will be working closely with key business units providing transactional, corporate advisory and company secretarial advice. 4-6 years corporate experience gained in a major law firm or corporate environment and a good understanding of the financial services industry essential. Career moulding move with an outstanding Group. Ref: SYD/4488/OH

In-house

Private Practice

For a full list of active roles that Dolman is working on throughout the worldwide visit www.dolman.com.auFor further information please contact one of our consultants for a confidential discussion: Alex McIntyre, Olivia Harvey, Gail Greener, Ralph Laughton and Daniel Stirling.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email [email protected]

A D _ L WD O L O C T 7 _ 1 1 . p d f P a g e 1 3 0 / 0 9 / 1 1 , 1 1 : 5 9 A M

l aw y e r s w e e k ly 7 O c t O b e r 2 011 3

“The most disappointing day of my professional life was the day the main line sale of Ansett collapsed” John Stragalinos, partner, Corrs Cahmbers Westgarth – see page 18

contentsregulars Features

18

COVER STORY: Insolvency and restructuring lawyers are often busy when a company or the economy is going through bad times. Justin whealing reports on an area of the law that is reliant on bad news

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

12 IN-DEPTH: Stephanie Quine asks James McHale – news anchor, pants wearer, inline hockey player and former lawyer – about his decision to leave law to learn the ABCs of journalism.

14 PRACTICE PROFILE: With a lack of funding and constant reforms, legal aid lawyers must band together to defend the defenceless. Stephanie Quine looks at the current state of legal aid in Australia

16 LEGAL LEADERS: Greg Gaunt would never have been a lawyer had he not been inspired to enter the profession by his classmate, Defence Minister Stephen Smith. Briana Everett reports on why being a managing partner is more fun than being a lawyer

24 CAREER COUNSEL: As Christmas approaches, a number of Australian lawyers working overseas will be planning their return to the Australian market. Briana Everett reports

26 FOLKLAW: The lighter side of the law

IGNITE THE POSSIBLE

SYDNEY LAW SCHOOL

“Sydney Law School is a powerhouse for critical legal thinking. It attracts academics of the highest calibre from the most reputed universities across the globe, and fosters an environment where academic enquiry and rigour is actively nurtured and encouraged.”

Sashika Master of Laws (LLM)

PROGRAMS FOR LAWYERS AND NON-LAWYERS

TALK DIRECTLY TO THE EXPERTS

2011 Sydney Law School Postgraduate Information Evening

Wednesday 12th October 20115:30-7pm173-175 Phillip Street Sydney NSW 2000

To register:sydney.edu.au/law/pginfoevening

For an information pack on postgraduate study:T +61 2 9351 0351E [email protected]

sydney.edu.au/law

CR

ICO

S 0

00

26A

A D _ L WU T S O C T 7 _ 1 1 . p d f P a g e 1 2 8 / 0 9 / 1 1 , 1 : 3 5 P M

10 IN-DEPTH: Known more for it’s beautiful scenery than high-powered business meetings, the merger between Blake Dawson and Ashurst has its genesis in a lunch on the Mornington Peninsula. Justin whealing reports

L W_ 5 5 4 . p g 0 0 3 . p d f P a g e 3 3 0 / 0 9 / 1 1 , 2 : 4 2 P M

DOL183-05 ALW#554 Life Saver ALW FP 235x 297mm September 29, 2011 4:19 PM

Client approval: ______________

Studio approval: ______________

Career Lifeline

Sydney | Commercial Litigation 2 – 4 yearsOur client is on the lookout for an IP litigator or commercial litigator who is interested in expanding into IP litigation. You will be advising on a diverse mix of IP dispute matters and will play a key role in developing client relationships . First rate drafting and communication skills and a positive, can-do attitude are essential. Exceptional career opportunity on offer. Ref: SYD/4175/OH

Sydney | Bio Tech/Life Sciences3 – 5 yearsRare opportunity for an experienced lawyer to join the Life Sciences team of this highly regarded firm. Working with a leading partner this role will see you focus on high profile bio tech advice work, litigious and regulatory matters for the biggest names in the pharmaceuticals space across the APAC region and the US. Candidates with experience in IP, commercial litigation or health law will be considered. Ref: MEL/4372/AM

Sydney | Funds & Super 4 – 5 years Senior lawyer with around four years experience in funds management and superannuation to work with two leading partners on a broad range of complex matters. You will act for house names in the financial services sector and advise on all legal issues impacting funds managers and their specialist service providers, including fund and investment management structuring, product development, distribution and regulatory compliance. Ref: SYD/4450/AM

Sydney | Senior TMT 5 years +This top-tier firm are currently seeking an experienced technology and communications senior associate. You will work on major IT outsourcing, software development, systems acquisition and integration, licensing, distribution, agency and teaming agreements or regulatory advice, network/ IT infrastructure projects, product development and customer terms as well as telecommunications-related M&A matters. Top tier salary and excellent bonus scheme available Ref: SYD/4344/AM

Sydney | Property2 – 3 yearsOur client is a well-known national mid-tier firm with an opening for a sharp and ambitious junior property lawyer. You will gain experience working for a range of clients including property developers, shopping centres and the government sector on a broad range of property matters. Your enthusiasm, energy and hard work will be rewarded. Supportive and collegiate team environment. Ref: SYD/4482/GG

Sydney | Construction (front end)Senior AssociateOur client is a large well respected national firm with an exciting opportunity for a senior associate with a solid construction transaction background from a top-tier or well respected practice, to work on major building, engineering and infrastructure projects across a range of industry sectors. Excellent technical and drafting skills and a background working on government matters or a range of projects is essential. Ref: SYD/4377/GG

Sydney | Banking & Finance2 – 3 yearsSavvy front-end banking and finance lawyer is sought by this very well respected mid-tier firm. You will gain excellent experience advising a number of leading Australian financial institutions and corporates. You will be exposed to a range of matters, including debt restructuring, securitisation, structured property and development finance. This is a great opportunity to work with leaders in this practice area, within a collegiate environment. Ref: SYD/4185/GG

Brisbane | Corporate Senior Associate This national Australian law firm seeks a senior transactional lawyer. You must have previous experience in a senior role of a corporate team for a renowned corporate practice with a sound understanding of the relevant complex legislation, equity capital markets, structuring, due diligence and a broad range of other transactions. High level and interesting work is on offer within a friendly and supportive team environment. Ref: BRI/4124/GG

Brisbane | EmploymentSenior Associate Excellent opportunity for a senior associate to join this growing international firm and work with leading partners. You will work on a diverse range of contentious and non-contentious matters including industrial/employment disputes, drafting a variety of employment agreements, and advising on equal opportunity and OH&S matters for blue chip clients. Clients include corporates from a range of industry sectors and government bodies. Ref: BRI/4022/AM

InternationalVietnam | Corporate4 – 6 yearsThis role involves a mix of public and private M&A, joint ventures, private equity and securities offerings from complex transactions to smaller deals providing greater responsibility. You will deal directly with multi-national corporations and financial institutions assisting on structuring, documenting, negotiating, licensing and post-licensing aspects of projects. You will be expected to mentor and supervise junior lawyers on relevant matters. Top or highly regarded mid tier background. Ref: VTM/4471/RL

Bangkok | M&A/Private EquityMid LevelRare opportunity to work on cross border deals from the Bangkok office of this international firm. You will have at least 3 years of relevant experience gained from a top-tier or similar quality law firm. You will act for clients within a range of sectors on private and public company acquisitions and JVs. You need to be Commonwealth qualified but Thai language ability is not necessary. Ref: BAN/4452/RL

Singapore | Banking & FinanceJunior and Mid LevelsWork with leading global and Asian lenders and corporates across the full range of banking and project work advising on highly structured tax and trade financings, acquisition, leveraged and project financings. Advise on the development of Greenfield projects in the energy and infrastructure sectors including public-private finance initiatives. Ideal candidate has strong banking background with experience of project work either from a finance or developer perspective. Ref: SIN/4445/RL

Sydney | IT/Commercial 7 – 10 yearsThis is a key senior role within the in-house team of this leading Technology company. You will provide advice and handle complex commercial and technology transactions with their major Corporate and Government clients. The successful candidate will have strong experience in IT/Telco Law from a major law firm and/or recognised corporation. Strong commerciality and communication required. Ref: SYD/4478/DS

Sydney | Corporate/Commercial7 – 10 yearsThis highly recognised global corporate has a new role for a senior commercial lawyer to join their team. There is a broad range of work on offer including corporate advice, company secretarial, commercial contracts, TPA etc. You will be working as part of a cohesive team with plenty of support and close business alignment. Ref: SYD/4469/DS

Sydney | Corporate 4 – 6 yearsThis major ASX listed company has a new role for a savvy corporate lawyer. You will be working closely with key business units providing transactional, corporate advisory and company secretarial advice. 4-6 years corporate experience gained in a major law firm or corporate environment and a good understanding of the financial services industry essential. Career moulding move with an outstanding Group. Ref: SYD/4488/OH

In-house

Private Practice

For a full list of active roles that Dolman is working on throughout the worldwide visit www.dolman.com.auFor further information please contact one of our consultants for a confidential discussion: Alex McIntyre, Olivia Harvey, Gail Greener, Ralph Laughton and Daniel Stirling.Sydney (02) 9231 3022 Melbourne (03) 8637 7317 or email [email protected]

A D _ L WD O L O C T 7 _ 1 1 . p d f P a g e 1 3 0 / 0 9 / 1 1 , 1 1 : 5 9 A M


“The most disappointing day of my professional life was the day the main line sale of Ansett collapsed” John Stragalinos, partner, Corrs Cahmbers Westgarth – see page 18

contentsregulars Features

18

COVER STORY: Insolvency and restructuring lawyers are often busy when a company or the economy is going through bad times. Justin whealing reports on an area of the law that is reliant on bad news

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

12 IN-DEPTH: Stephanie Quine asks James McHale – news anchor, pants wearer, inline hockey player and former lawyer – about his decision to leave law to learn the ABCs of journalism.

14 PRACTICE PROFILE: With a lack of funding and constant reforms, legal aid lawyers must band together to defend the defenceless. Stephanie Quine looks at the current state of legal aid in Australia

16 LEGAL LEADERS: Greg Gaunt would never have been a lawyer had he not been inspired to enter the profession by his classmate, Defence Minister Stephen Smith. Briana Everett reports on why being a managing partner is more fun than being a lawyer

24 CAREER COUNSEL: As Christmas approaches, a number of Australian lawyers working overseas will be planning their return to the Australian market. Briana Everett reports

26 FOLKLAW: The lighter side of the law

IGNITE THE POSSIBLE

SYDNEY LAW SCHOOL

“Sydney Law School is a powerhouse for critical legal thinking. It attracts academics of the highest calibre from the most reputed universities across the globe, and fosters an environment where academic enquiry and rigour is actively nurtured and encouraged.”

Sashika Master of Laws (LLM)

PROGRAMS FOR LAWYERS AND NON-LAWYERS

TALK DIRECTLY TO THE EXPERTS

2011 Sydney Law School Postgraduate Information Evening

Wednesday 12th October 20115:30-7pm173-175 Phillip Street Sydney NSW 2000

To register:sydney.edu.au/law/pginfoevening

For an information pack on postgraduate study:T +61 2 9351 0351E [email protected]

sydney.edu.au/law

CR

ICO

S 0

00

26A

A D _ L WU T S O C T 7 _ 1 1 . p d f P a g e 1 2 8 / 0 9 / 1 1 , 1 : 3 5 P M

10 IN-DEPTH: Known more for it’s beautiful scenery than high-powered business meetings, the merger between Blake Dawson and Ashurst has its genesis in a lunch on the Mornington Peninsula. Justin whealing reports

L W_ 5 5 4 . p g 0 0 3 . p d f P a g e 3 3 0 / 0 9 / 1 1 , 2 : 4 2 P M

A major legal event was held last week.The sixth annual lecture of the Tristan Jepson Memorial

Foundation was held in Sydney on 29 September.Named after Tristan Jepson, who was a young lawyer who took

his own life in 2004, the Foundation aims to raise awareness of mental health issues within the legal profession and decrease the causes of anxiety and depression.

With refreshing honesty, one of the panel members Nigel McBride, the managing partner of Minter Ellison in Adelaide / Darwin, said of life in a law fi rm: “You can come in, work hard for 10 or 15 years, never have a life and you may be one of the very few that get into an equity partner position.” (see page 9).

McBride should be applauded for highlighting what e� ect the competitive law fi rm culture can have on its members.

However, as a leader in the profession it is imperative that people of infl uence, such as McBride and his colleagues at other fi rms in senior positions, work to change the system from within.

The legal profession is one of the very few sectors that refuses to listen to the concerns of many of its members, with a large number of law fi rms continuing to use timesheets – an administrative tool that is reviled by many and pinpointed at the lecture as one of the key reasons as to why the legal profession has such a high rate of depression.

Damien Sturzaker, a partner at Marque Lawyers, got it spot on when he commented at the lecture.

“When you treat people on the basis of only measuring their time and not by the value they give to a particular client or to someone working within the organisation, you’re reducing that person to a very low common denominator. It’s a very lonely experience,” he said.

As well as providing health and wellbeing programs to assist employees su� ering from workplace health and stress issues, Lawyers Weekly believes it is high-time that law fi rms do more to attack the problem that leads lawyers to feel that way in the fi rst place.

That includes not tacitly promoting a culture that promotes a work ethic of getting the deal or work done at all costs, and looking at alternatives to timesheets as a measure of a lawyer’s productivity.

The problem with depression in the profession has been acknowledged. Now its senior members and law fi rms need to look at how it can be best tackled. That includes making some signifi cant internal changes.

4 L AW Y E R S W E E K LY 7 O C T O B E R 2 011 www.lawyersweekly.com.au

Editor’sNote

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

Friendly facesFollow 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 Ashurst gobbles up Blake Dawson2 National firms must re-think strategy3 Kirby’s personal story a plea for tolerance4 Merger made in Mornington5 Optim Legal no longe6 Don’t be afraid of social media7 Law firms increasingly looking beyond lawyers8 Women take centre stage9 Lawyer sues firm and gets hired10 Google wins ACCC battle

NEXT WEEKEnergy and resources has become a crucial part of the Australian economy and an increasingly competitive part of the commercial law firm environment. Lawyers Weekly looks at where the work is coming from for the law firms, why it is not all about WA, and how national firms are trying to safeguard their clients from global raiders

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

industry leaders on its editorial board

A B O U T U SPublisher: John Nuutinen

Editor: Justin WhealingDeputy Editor: Claire Chaffey

Senior Journalist: Briana EverettJournalist: Stephanie Quine

Designer: Ken McClarenSales Executive: Toby Chan

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: Advertising enquiries:

John [email protected]

(02) 9422 8931 (mob) 0402 611 177Toby Chan

[email protected](02) 9422 2545 (MOB) 0404 652 800

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 thispublication may be reproduced without the express written

permission of the publisher. Contributions are invited,but copies of all work should be kept, as Lawyers Weeklycan accept no responsibility for loss. Lawyers Weekly is adivision of Reed Business Information, ACN 000 146 921Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067tel (02) 9422 2203 fax (02) 9422 2946 Important Privacy

Notice: © 2010 Reed Business Information Pty Ltd (ABN132 719 861).

Nick Abrahams Partner,

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 SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

Editor, Justin Whealing

L W_ 5 5 4 . p g 0 0 4 . p d f P a g e 4 3 0 / 0 9 / 1 1 , 1 : 5 5 P M

The highly anticipated Australian Cycle Challenge has landed! Join us from 11th - 16th November on a three day journey from Sydney - Ulludulla or a 6 day journey from Sydney - Canberra, to support

Salvation Army.

MAJOR CORPORATE SPONSOR

For more information and to register:www.projectfutures.com/cycles

A D _ L WF I L O C T 7 _ 1 1 . p d f P a g e 1 2 9 / 0 9 / 1 1 , 9 : 2 4 A M

A major legal event was held last week.The sixth annual lecture of the Tristan Jepson Memorial

Foundation was held in Sydney on 29 September.Named after Tristan Jepson, who was a young lawyer who took

his own life in 2004, the Foundation aims to raise awareness of mental health issues within the legal profession and decrease the causes of anxiety and depression.

With refreshing honesty, one of the panel members Nigel McBride, the managing partner of Minter Ellison in Adelaide / Darwin, said of life in a law fi rm: “You can come in, work hard for 10 or 15 years, never have a life and you may be one of the very few that get into an equity partner position.” (see page 9).

McBride should be applauded for highlighting what e� ect the competitive law fi rm culture can have on its members.

However, as a leader in the profession it is imperative that people of infl uence, such as McBride and his colleagues at other fi rms in senior positions, work to change the system from within.

The legal profession is one of the very few sectors that refuses to listen to the concerns of many of its members, with a large number of law fi rms continuing to use timesheets – an administrative tool that is reviled by many and pinpointed at the lecture as one of the key reasons as to why the legal profession has such a high rate of depression.

Damien Sturzaker, a partner at Marque Lawyers, got it spot on when he commented at the lecture.

“When you treat people on the basis of only measuring their time and not by the value they give to a particular client or to someone working within the organisation, you’re reducing that person to a very low common denominator. It’s a very lonely experience,” he said.

As well as providing health and wellbeing programs to assist employees su� ering from workplace health and stress issues, Lawyers Weekly believes it is high-time that law fi rms do more to attack the problem that leads lawyers to feel that way in the fi rst place.

That includes not tacitly promoting a culture that promotes a work ethic of getting the deal or work done at all costs, and looking at alternatives to timesheets as a measure of a lawyer’s productivity.

The problem with depression in the profession has been acknowledged. Now its senior members and law fi rms need to look at how it can be best tackled. That includes making some signifi cant internal changes.


Editor’sNote

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

Friendly facesFollow 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 Ashurst gobbles up Blake Dawson2 National firms must re-think strategy3 Kirby’s personal story a plea for tolerance4 Merger made in Mornington5 Optim Legal no longe6 Don’t be afraid of social media7 Law firms increasingly looking beyond lawyers8 Women take centre stage9 Lawyer sues firm and gets hired10 Google wins ACCC battle

NEXT WEEKEnergy and resources has become a crucial part of the Australian economy and an increasingly competitive part of the commercial law firm environment. Lawyers Weekly looks at where the work is coming from for the law firms, why it is not all about WA, and how national firms are trying to safeguard their clients from global raiders

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

industry leaders on its editorial board

A B O U T U SPublisher: John Nuutinen

Editor: Justin WhealingDeputy Editor: Claire Chaffey

Senior Journalist: Briana EverettJournalist: Stephanie Quine

Designer: Ken McClarenSales Executive: Toby Chan

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: Advertising enquiries:

John [email protected]

(02) 9422 8931 (mob) 0402 611 177Toby Chan

[email protected](02) 9422 2545 (MOB) 0404 652 800

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 thispublication may be reproduced without the express written

permission of the publisher. Contributions are invited,but copies of all work should be kept, as Lawyers Weeklycan accept no responsibility for loss. Lawyers Weekly is adivision of Reed Business Information, ACN 000 146 921Level 1 Tower 2, 475 Victoria Ave, Chatswood NSW 2067tel (02) 9422 2203 fax (02) 9422 2946 Important Privacy

Notice: © 2010 Reed Business Information Pty Ltd (ABN132 719 861).

Nick Abrahams Partner,

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 SmithPartner, Thomsons Lawyers

JOIN THE CONVERSATION

Editor, Justin Whealing

L W_ 5 5 4 . p g 0 0 4 . p d f P a g e 4 3 0 / 0 9 / 1 1 , 1 : 5 5 P M

The highly anticipated Australian Cycle Challenge has landed! Join us from 11th - 16th November on a three day journey from Sydney - Ulludulla or a 6 day journey from Sydney - Canberra, to support

Salvation Army.

MAJOR CORPORATE SPONSOR

For more information and to register:www.projectfutures.com/cycles

A D _ L WF I L O C T 7 _ 1 1 . p d f P a g e 1 2 9 / 0 9 / 1 1 , 9 : 2 4 A M

Women’s careers forum to assist young lawyersThe inaugural Gadens

Women’s Careers Forum was held on 29 September at Sydney University Law School. A panel, including Gadens special counsel Louise Massey, Westpac general counsel Victoria Poole, the Honourable Justice Julie Ward of the NSW Supreme Court and special counsel Sandra Duggan addressed topics including equality in law firms, support networks and regrets.

Students love Lucy mentoring programA graduation ceremony was held at Sparke

Helmore’s Sydney office on 27 September for students involved in the Lucy Mentoring program.The program is a collaboration between seven universities and the NSW Office for Women’s Policy. It is open to law students as well as students from business-related faculties. The mentors are often senior people from some of Australia’s largest companies, including Westpac, Deloitte, the Commonwealth Bank of Australia and UBS.

Debt-ridden law students need more supportStudents with financial

problems are three times more likely than other students to experience high levels of psychological distress and depression.This finding was revealed in a recent study conducted by the University of Sydney’s Brain and Mind Research Institute, in conjunction with the Tristan Jepson Memorial Foundation. The Australian Law Students’ Association has called for mental illness and financial relief to be put at the top of the higher education priority list.

RE W IND

thisweek

Optim Legal, the start-up fi rm which claimed to o� er top-tier experience at billable rates 40 per cent lower than top-tier fi rms, has closed.

Founded in 2008 by Nick James – a former Freehills and Allens Arthur Robinson lawyer – Optim Legal disbanded in April this year.

“Optim Legal is unfortunately no longer,” said James in a statement. It is a pretty short and common story – just a simple question of two equal shareholding founders wanting to go in di� erent directions.”

According to James, the break-up of a “disunited shareholding group” occurred in mid-2010, despite the fi rm performing strongly in its fi nal six months.

“The fi rm was performing well in its last six months but had some residual start-up related debt which needed to be cleared up to continue,” he said.

James added that he has been “testing the waters” on the possibility of establishing a new fi rm, based on the Optim Legal concept, but will

The Web

Optim Legal no longer

spend the next few months to work outside the legal industry.

Since its 2008 launch, Optim Legal gained signifi cant attention for its innovation, including the provision of satisfaction-based billing arrangements allowing clients to lower, or increase, their fees by as much as 20 per cent.

Back in 2009, James told Lawyers Weekly that his fi rm could o� er discounted top-tier service because of the fi rm’s e� cient services model.

“That model, theoretically, would have been possible under a partnership,” said James. “But a partnership that was able to run much more e� ciently may have simply absorbed the savings into partner profi ts.”

The Optim Legal model was designed to provide an alternative to the partnership model, allowing its lawyers to “choose their place and time of work”, commit to each assignment “project-by-project” and be rewarded for “value given to the fi rm”.

6 L AW Y E R S W E E K LY 7 O C T O B E R 2 011 w w w.law yersweekly.com.au

Deloitte took its former partner, Simon Cathro, to the NSW Supreme Court in an attempt to stop him from defecting to competitor Ernst & Young. Special counsel Arthur Moses for Deloitte argued that there had been a “misappropriation of confidential information” belonging to Deloitte, now in the hands of E&Y.

On 28 September in the Federal Court, News Limited columnist Andrew Bolt was found guilty of breaching the Racial Discrimination Act in two 2009 articles. Bolt’s articles suggested that a number of “fair-skinned” Aborigines had chosen to identify themselves as Aboriginal for material gain. Bolt and his legal team, led by News Limited lawyer Justin Quill, are expected to appeal the judgement.

A smart phone patent dispute between Apple and Samsung was heard in the Federal Court last week. After cross-examination from Samsung’s barrister, David Catterns QC, Apple’s former chief patent lawyer Richard Lutton asked the court to ban Samsung’s Galaxy Tab 10.1, arguing that it was a careful copy of the iPad 2.

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thisweek

L AW Y E R S W E E K LY 7 O C T O B E R 2 011 7

Mallesons Stephen Jaques and Blake Dawson acted on an international placement for ASX-listed uranium production company, Paladin Energy Limited (Paladin).

Paladin currently has projects in Australia and two operating mines in Africa, with a strategy to become a major uranium mining house.

The placement, which is expected to raise $68 million, will primarily be used to strengthen Paladin’s balance sheet.

Blakes Perth acted for Paladin with lead M&A and capital markets partner Roger Davies, assisted by Matthew Kwan and Milos Vaskovic.

The principal work for Paladin included negotiating a placement agreement, assisting with due diligence and advising on Australian regulatory issues, alongside Paladin’s other legal advisers Lawson Lundell (Canada) and

Gibson & Gibson promotes litigatorPerth-based firm Gibson & Gibson

Lawyers promoted dispute resolution solicitor Aroha Greenwood to associate level. Greenwood works in commercial litigation, workplace relations and inheritance disputes.

Lander & Rogers snaps up Russell Kennedy partnerLander &

Rogers appointed OH&S specialist Leveasque Peterson as a partner in the firm’s Melbourne office. Peterson joins the firm’s workplace relations and safety team from Russell Kennedy in Melbourne, and will lead its OH&S and coronial inquests practice.

HopgoodGanim partner posted to world orgHopgoodGanim family law partner Geoff

Wilson was appointed parliamentarian of the International Academy of Matrimonial Lawyers for 2012. An accredited family law specialist in the firm’s Brisbane office, Wilson is the fourth Australian to hold an executive position in the academy, which aims to improve family law practice globally.

HWL Ebsworth poaches Corrs M&A manHWL Ebsworth appointed Jeremy

McCarthy as a partner in the firm’s M&A team in Melbourne.

McCarthy joins from Corrs Chambers Westgarth, where he worked for over 11 years and was made a partner in 2000. McCarthy has particular experience advising on mergers and acquisitions in the health sector. His appointment brings HWL Ebsworth’s partnership headcount to 136.

Deal name:International placement for Paladin Energy

Key Players:Mallesons Stephen Jaques and Blake Dawson

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

Mallesons and Blakes energise international placement

Paul Weiss (United States). Blakes also advised Paladin on its recent takeover of NGM Resources and US$141million ($145 million) project fi nancing.

Mallesons, which also acted on Paladin’s 2009 placement, advised global joint lead managers Royal Bank of Canada and UBS AG’s Australian Branch. Mallesons Sydney-based M&A and securities lawyer, David Friedlander, led the Mallesons team which included senior associate Jonathan Grant and lawyer Esther Touma.

“The deal had some interesting features arising out of Paladin’s multiple listing on the ASX, the Toronto Stock Exchange and the Namibian Stock Exchange, which involved some timing complexity and required cross-border cooperation between the legal teams,” said Friedlander.

Tony Sparks Andrew Steele Warwick Walsh

Firm Allen & Overy (Kentix Limited), Mallesons Stephen Jaques and Holding Redlich (AJ Lucas Group)

Henry Davis York (GPT Group) Hynes Lawyers (Meridian Minerals Limited), Blake Dawson (Northwest Nonferrous International Investment Company Ltd)

Deal name Offer to provide equity and mezzanine finance to AJ Lucas Group

Sale of Melbourne CBD car park

Proposed takeover of Meridian by major shareholder, Northwest

Area Corporate Property Corporate

Value $110 million $29.2 million $68 million

Key players Allen & Overy’s Tony Sparks HDY’s Andrew Steele Hynes’ Warwick Walsh

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Women’s careers forum to assist young lawyersThe inaugural Gadens

Women’s Careers Forum was held on 29 September at Sydney University Law School. A panel, including Gadens special counsel Louise Massey, Westpac general counsel Victoria Poole, the Honourable Justice Julie Ward of the NSW Supreme Court and special counsel Sandra Duggan addressed topics including equality in law firms, support networks and regrets.

Students love Lucy mentoring programA graduation ceremony was held at Sparke

Helmore’s Sydney office on 27 September for students involved in the Lucy Mentoring program.The program is a collaboration between seven universities and the NSW Office for Women’s Policy. It is open to law students as well as students from business-related faculties. The mentors are often senior people from some of Australia’s largest companies, including Westpac, Deloitte, the Commonwealth Bank of Australia and UBS.

Debt-ridden law students need more supportStudents with financial

problems are three times more likely than other students to experience high levels of psychological distress and depression.This finding was revealed in a recent study conducted by the University of Sydney’s Brain and Mind Research Institute, in conjunction with the Tristan Jepson Memorial Foundation. The Australian Law Students’ Association has called for mental illness and financial relief to be put at the top of the higher education priority list.

RE W IND

thisweek

Optim Legal, the start-up fi rm which claimed to o� er top-tier experience at billable rates 40 per cent lower than top-tier fi rms, has closed.

Founded in 2008 by Nick James – a former Freehills and Allens Arthur Robinson lawyer – Optim Legal disbanded in April this year.

“Optim Legal is unfortunately no longer,” said James in a statement. It is a pretty short and common story – just a simple question of two equal shareholding founders wanting to go in di� erent directions.”

According to James, the break-up of a “disunited shareholding group” occurred in mid-2010, despite the fi rm performing strongly in its fi nal six months.

“The fi rm was performing well in its last six months but had some residual start-up related debt which needed to be cleared up to continue,” he said.

James added that he has been “testing the waters” on the possibility of establishing a new fi rm, based on the Optim Legal concept, but will

The Web

Optim Legal no longer

spend the next few months to work outside the legal industry.

Since its 2008 launch, Optim Legal gained signifi cant attention for its innovation, including the provision of satisfaction-based billing arrangements allowing clients to lower, or increase, their fees by as much as 20 per cent.

Back in 2009, James told Lawyers Weekly that his fi rm could o� er discounted top-tier service because of the fi rm’s e� cient services model.

“That model, theoretically, would have been possible under a partnership,” said James. “But a partnership that was able to run much more e� ciently may have simply absorbed the savings into partner profi ts.”

The Optim Legal model was designed to provide an alternative to the partnership model, allowing its lawyers to “choose their place and time of work”, commit to each assignment “project-by-project” and be rewarded for “value given to the fi rm”.

6 L AW Y E R S W E E K LY 7 O C T O B E R 2 011 w w w.law yersweekly.com.au

Deloitte took its former partner, Simon Cathro, to the NSW Supreme Court in an attempt to stop him from defecting to competitor Ernst & Young. Special counsel Arthur Moses for Deloitte argued that there had been a “misappropriation of confidential information” belonging to Deloitte, now in the hands of E&Y.

On 28 September in the Federal Court, News Limited columnist Andrew Bolt was found guilty of breaching the Racial Discrimination Act in two 2009 articles. Bolt’s articles suggested that a number of “fair-skinned” Aborigines had chosen to identify themselves as Aboriginal for material gain. Bolt and his legal team, led by News Limited lawyer Justin Quill, are expected to appeal the judgement.

A smart phone patent dispute between Apple and Samsung was heard in the Federal Court last week. After cross-examination from Samsung’s barrister, David Catterns QC, Apple’s former chief patent lawyer Richard Lutton asked the court to ban Samsung’s Galaxy Tab 10.1, arguing that it was a careful copy of the iPad 2.

L W_ 5 5 4 . p g 0 0 6 . p d f P a g e 6 3 0 / 0 9 / 1 1 , 1 : 5 3 P M

thisweek


Mallesons Stephen Jaques and Blake Dawson acted on an international placement for ASX-listed uranium production company, Paladin Energy Limited (Paladin).

Paladin currently has projects in Australia and two operating mines in Africa, with a strategy to become a major uranium mining house.

The placement, which is expected to raise $68 million, will primarily be used to strengthen Paladin’s balance sheet.

Blakes Perth acted for Paladin with lead M&A and capital markets partner Roger Davies, assisted by Matthew Kwan and Milos Vaskovic.

The principal work for Paladin included negotiating a placement agreement, assisting with due diligence and advising on Australian regulatory issues, alongside Paladin’s other legal advisers Lawson Lundell (Canada) and

Gibson & Gibson promotes litigatorPerth-based firm Gibson & Gibson

Lawyers promoted dispute resolution solicitor Aroha Greenwood to associate level. Greenwood works in commercial litigation, workplace relations and inheritance disputes.

Lander & Rogers snaps up Russell Kennedy partnerLander &

Rogers appointed OH&S specialist Leveasque Peterson as a partner in the firm’s Melbourne office. Peterson joins the firm’s workplace relations and safety team from Russell Kennedy in Melbourne, and will lead its OH&S and coronial inquests practice.

HopgoodGanim partner posted to world orgHopgoodGanim family law partner Geoff

Wilson was appointed parliamentarian of the International Academy of Matrimonial Lawyers for 2012. An accredited family law specialist in the firm’s Brisbane office, Wilson is the fourth Australian to hold an executive position in the academy, which aims to improve family law practice globally.

HWL Ebsworth poaches Corrs M&A manHWL Ebsworth appointed Jeremy

McCarthy as a partner in the firm’s M&A team in Melbourne.

McCarthy joins from Corrs Chambers Westgarth, where he worked for over 11 years and was made a partner in 2000. McCarthy has particular experience advising on mergers and acquisitions in the health sector. His appointment brings HWL Ebsworth’s partnership headcount to 136.

Deal name:International placement for Paladin Energy

Key Players:Mallesons Stephen Jaques and Blake Dawson

Movers &

Shakers

DE A L OF THE W EEK

DE A L M A K ERS

Mallesons and Blakes energise international placement

Paul Weiss (United States). Blakes also advised Paladin on its recent takeover of NGM Resources and US$141million ($145 million) project fi nancing.

Mallesons, which also acted on Paladin’s 2009 placement, advised global joint lead managers Royal Bank of Canada and UBS AG’s Australian Branch. Mallesons Sydney-based M&A and securities lawyer, David Friedlander, led the Mallesons team which included senior associate Jonathan Grant and lawyer Esther Touma.

“The deal had some interesting features arising out of Paladin’s multiple listing on the ASX, the Toronto Stock Exchange and the Namibian Stock Exchange, which involved some timing complexity and required cross-border cooperation between the legal teams,” said Friedlander.

Tony Sparks Andrew Steele Warwick Walsh

Firm Allen & Overy (Kentix Limited), Mallesons Stephen Jaques and Holding Redlich (AJ Lucas Group)

Henry Davis York (GPT Group) Hynes Lawyers (Meridian Minerals Limited), Blake Dawson (Northwest Nonferrous International Investment Company Ltd)

Deal name Offer to provide equity and mezzanine finance to AJ Lucas Group

Sale of Melbourne CBD car park

Proposed takeover of Meridian by major shareholder, Northwest

Area Corporate Property Corporate

Value $110 million $29.2 million $68 million

Key players Allen & Overy’s Tony Sparks HDY’s Andrew Steele Hynes’ Warwick Walsh

L W_ 5 5 4 . p g 0 0 7 . p d f P a g e 7 3 0 / 0 9 / 1 1 , 2 : 4 4 P M

thisweek

8 l aw y e r s w e e k ly 7 o c t o b e r 2 011 w w w.law yersweekly.com.au

In his new book Michael Kirby talks openly about being gay in a bid to correct stereotypes.

Kirby’s memoir, A Private Life: Fragments, Memories, Friends, was released on 28 September. In the book, the former High Court judge talks about his personal life and the difficulties he faced trying to ensure his relationship with his partner of over 40 years, Johan van Vloten, was not a barrier to his legal career.

In an interview on ABC’s Lateline program, Kirby said if he didn’t keep his sexuality “under the radar”, his legal career would have stalled. “I could have [been more open], but not many people did, and if I had, there’s no doubt I wouldn’t have been appointed to the courts that I was appointed to in those days,” he said. “I mean, this was the compact in society; that you kept it below the radar and that was just what was expected of you.”

Kirby said part of his motivation for writing the book was to end the perception that gay people would be “tolerated” within the community if they were not open about their sexuality. “You didn’t reveal it, you didn’t force it on people and as long as you kept quiet, then that was something that was tolerated. But toleration is a very condescending emotion and toleration’s over as far as I’m concerned.”

Earlier this year, Kirby told Lawyers Weekly that gay people still face significant levels of discrimination in Australia. On Lateline, he said discrimination against gay people should be treated with the same level of abhorrence as

businesses look to asia for growth

Google wins accc court battle

Kirby’s personal story a plea for tolerance

Gilbert + Tobin has successfully acted for Google in a case brought by the Australian Competition and Consumer Commission (ACCC), which alleged that it ran misleading advertisements.

The Federal Court handed down its decision on 22 September in Google’s favour, unanimously dismissing all the ACCC’s claims.

The case alleged that Google had engaged in misleading or deceptive conduct by failing to sufficiently distinguish advertisements from ‘organic’ search results.

Litigation partners Colleen Platford and Andrew Floro led a team of lawyers representing Google, including Graeme Edgerton, Simon Burnett, Kate Meikle and Matt Mackenzie. They instructed senior counsel Tony Bannon of Sydney’s Tenth Floor Chambers.

Corrs Chambers Westgarth partner Richard Flitcroft represented the ACCC and instructed senior counsel Christine Adamson of Banco Chambers in Sydney.

Justice Nicholas found that the use of the word ‘advertisement’, rather than ‘sponsored links’, might reduce user confusion, but held that Google’s presentation of search results did not breach the Trade Practices Act, as most users could appreciate that ‘sponsored links’ were in fact advertisements.

Since the ACCC instituted the proceedings, Google has changed the description of its advertisements from ‘sponsored links’ to ‘ads’ on its search results page. Lawyers for the internet giant are reportedly still examining the judgment and said that Google’s guiding principle is that advertising should be “relevant and useful”.

ACCC chairman Rod Sims said in a statement that the case was important for clarifying advertising practices in the internet age.

examples of racial or gender discrimination.“People of all minorities should have full dignity

and full rights, not just in money things, but in the dignity of their relationships and in respect for them as citizens, of fellow citizens,” he said.

Kirby’s own book comes hot on the heels of AJ Brown’s biography of Kirby, entitled, Michael Kirby Paradoxes and Principles, released in April. Brown’s book revealed that the false allegations made by Senator Bill Heffernan, that Kirby had used Commonwealth cars for sexual purposes, had divided the High Court, with the judges the first to know the accusations were false.

Justice Mary Gaudron became the High Court’s “first whistleblower” after her urgings to chief justice Murray Gleeson to put out a joint-statement declaring their united support for Kirby fell on deaf ears.

Australian businesses are increasingly favouring Asia for growth opportunities amid a decline in US and European economic influence, according to a new global report.

New research published by Allen & Overy revealed that 79 per cent of Australian executives believe the Asia-Pacific region’s economic influence is rising above its global counterparts.

According to the survey of 1000 global business leaders in 19 countries, Australian businesses view China as the top growth opportunity (43%), followed by India (36%) and the US (30%).

The research also revealed that Australia is in the top ten target markets offering the best growth opportunities for businesses globally.

Approximately 26 per cent of Indonesian respondents, 12 per cent of Singaporean and 12 per cent of Chinese executives picked Australia among their top three growth markets, compared with just four per cent of American and two per cent of German respondents.

“Clearly Australia has a pivotal role to play in an increasingly influential region of the world,” said A&O Australia partner Geoff Simpson. “This

provides Australian businesses with an opportunity to win a growing share of the world’s most dynamic markets in Asia. Meanwhile, Asian countries are also eyeing up opportunities for investment in Australia, which will integrate Australia further into the regional economy.”

The issues that concern executives in Australia with regards to the global economy in the coming year include an Asian economic slowdown (26%), political instability (21%) and a Eurozone sovereign debt default (19%).

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thisweek

8 l aw y e r s w e e k ly 7 o c t o b e r 2 011 w w w.law yersweekly.com.au

In his new book Michael Kirby talks openly about being gay in a bid to correct stereotypes.

Kirby’s memoir, A Private Life: Fragments, Memories, Friends, was released on 28 September. In the book, the former High Court judge talks about his personal life and the difficulties he faced trying to ensure his relationship with his partner of over 40 years, Johan van Vloten, was not a barrier to his legal career.

In an interview on ABC’s Lateline program, Kirby said if he didn’t keep his sexuality “under the radar”, his legal career would have stalled. “I could have [been more open], but not many people did, and if I had, there’s no doubt I wouldn’t have been appointed to the courts that I was appointed to in those days,” he said. “I mean, this was the compact in society; that you kept it below the radar and that was just what was expected of you.”

Kirby said part of his motivation for writing the book was to end the perception that gay people would be “tolerated” within the community if they were not open about their sexuality. “You didn’t reveal it, you didn’t force it on people and as long as you kept quiet, then that was something that was tolerated. But toleration is a very condescending emotion and toleration’s over as far as I’m concerned.”

Earlier this year, Kirby told Lawyers Weekly that gay people still face significant levels of discrimination in Australia. On Lateline, he said discrimination against gay people should be treated with the same level of abhorrence as

businesses look to asia for growth

Google wins accc court battle


Gilbert + Tobin has successfully acted for Google in a case brought by the Australian Competition and Consumer Commission (ACCC), which alleged that it ran misleading advertisements.

The Federal Court handed down its decision on 22 September in Google’s favour, unanimously dismissing all the ACCC’s claims.

The case alleged that Google had engaged in misleading or deceptive conduct by failing to sufficiently distinguish advertisements from ‘organic’ search results.

Litigation partners Colleen Platford and Andrew Floro led a team of lawyers representing Google, including Graeme Edgerton, Simon Burnett, Kate Meikle and Matt Mackenzie. They instructed senior counsel Tony Bannon of Sydney’s Tenth Floor Chambers.

Corrs Chambers Westgarth partner Richard Flitcroft represented the ACCC and instructed senior counsel Christine Adamson of Banco Chambers in Sydney.

Justice Nicholas found that the use of the word ‘advertisement’, rather than ‘sponsored links’, might reduce user confusion, but held that Google’s presentation of search results did not breach the Trade Practices Act, as most users could appreciate that ‘sponsored links’ were in fact advertisements.

Since the ACCC instituted the proceedings, Google has changed the description of its advertisements from ‘sponsored links’ to ‘ads’ on its search results page. Lawyers for the internet giant are reportedly still examining the judgment and said that Google’s guiding principle is that advertising should be “relevant and useful”.

ACCC chairman Rod Sims said in a statement that the case was important for clarifying advertising practices in the internet age.

examples of racial or gender discrimination.“People of all minorities should have full dignity

and full rights, not just in money things, but in the dignity of their relationships and in respect for them as citizens, of fellow citizens,” he said.

Kirby’s own book comes hot on the heels of AJ Brown’s biography of Kirby, entitled, Michael Kirby Paradoxes and Principles, released in April. Brown’s book revealed that the false allegations made by Senator Bill Heffernan, that Kirby had used Commonwealth cars for sexual purposes, had divided the High Court, with the judges the first to know the accusations were false.

Justice Mary Gaudron became the High Court’s “first whistleblower” after her urgings to chief justice Murray Gleeson to put out a joint-statement declaring their united support for Kirby fell on deaf ears.

Australian businesses are increasingly favouring Asia for growth opportunities amid a decline in US and European economic influence, according to a new global report.

New research published by Allen & Overy revealed that 79 per cent of Australian executives believe the Asia-Pacific region’s economic influence is rising above its global counterparts.

According to the survey of 1000 global business leaders in 19 countries, Australian businesses view China as the top growth opportunity (43%), followed by India (36%) and the US (30%).

The research also revealed that Australia is in the top ten target markets offering the best growth opportunities for businesses globally.

Approximately 26 per cent of Indonesian respondents, 12 per cent of Singaporean and 12 per cent of Chinese executives picked Australia among their top three growth markets, compared with just four per cent of American and two per cent of German respondents.

“Clearly Australia has a pivotal role to play in an increasingly influential region of the world,” said A&O Australia partner Geoff Simpson. “This

provides Australian businesses with an opportunity to win a growing share of the world’s most dynamic markets in Asia. Meanwhile, Asian countries are also eyeing up opportunities for investment in Australia, which will integrate Australia further into the regional economy.”

The issues that concern executives in Australia with regards to the global economy in the coming year include an Asian economic slowdown (26%), political instability (21%) and a Eurozone sovereign debt default (19%).

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thisweek

On 29 September, members of the legal profession gathered in the Federal Court to hear a panel address the ongoing issues of workplace culture and mental health in the legal profession, and whether lawyers can have it all when it comes to success and happiness.

Facilitated by freelance journalist and University of New South Wales law alumna Julie McCrossin, panel members included Gareth Bennett, national HR director at Freehills; Bruce Humphrys, managing partner of HopgoodGanim; Nigel McBride, managing partner of Minter Ellison (Adelaide/Darwin); Patricia McDonald SC of Selborne Chambers; Damian Sturzaker, partner of Marque Lawyers; Alex Boxsell, legal affairs editor of The Australian Financial Review; and psychiatrist Dr Michael Diamond [pictured].

Telecast live from Sydney to venues in South Australia, Western Australia and the ACT, the lecture was held to raise awareness about the culture of law firms and mental illness, which affects the legal profession more than any other.

In his opening address, chair of the TJMF and former president of the NSW Court of Appeal, Keith Mason, noted the need for more education and the generation of ideas concerning mental health. He compared the lack of attention to mental health with the “national furore” triggered by the live export debate earlier this year that led to vigorous action.

“With all respect to our animal welfare friends, the situation that has energised the Foundation and the work that we’re continuing to do is more serious,” said Mason.

While McCrossin provided some welcome comic relief during the intense discussions, members of the panel spoke about the issues of timesheets and the pressures placed on young lawyers, with some panellists sharing their own personal experiences with mental illness.once it has occurred.”

One of the causes of mental illness in

the legal profession, according to some panellists and audience members, is timesheets.

“When you treat people on the basis of only measuring their time and not by the value they give to a particular client or to someone working within the organisation, you’re reducing that person to a very low common denominator. It’s a very lonely experience,” said Sturzaker.

While the panel and audience members debated whether timesheets or workloads are to blame, one audience member asked, “The profession is competitive, so why would I, a young lawyer, give a partner of a firm any reason to think I’m not capable?” McBride responded with a brutally honest account of the difficult climb to partnership.

“It’s a lottery. You can come in, work hard for 10 or 15 years, never have a life and you may be one of the very few that get into an equity partner position,” he said. This sobering account of life in a commercial firm then provoked discussion of the importance of continuing to encourage sufferers to speak up and seek help – a key aim of the TJMF.

Profession continues fight against mental illness

Former editor sues News CorpAndy Coulson, a former News of the World editor and adviser to David Cameron, has sued

News Corporation after it stopped paying DLA Piper to represent Coulson over the phone-hacking scandal, reports The AM Law Daily. News Corp was reportedly paying the bill for a $650-an-hour London-based DLA Piper litigation partner to represent Coulson, but in recent weeks decided to halt payment.

China sprawls in LondonChina’s second largest firm by lawyer headcount has revealed its plans to launch in

London following a year of expansion that has seen it open practices in Budapest and Verona, reports The Lawyer. Beijing-based Yingke, with its 179 partners, will follow Zhonglun W&D into London after the latter established a presence in 2006.

A&O closes door on CanadaAllen & Overy partners have rejected proposals to launch in Canada in favour of focusing

on the Australian market, reports The Lawyer. Senior partner David Morley conducted a commercial study on Canada earlier this year and in June A&O representatives travelled to Canada to talk with firms. While rumours of a raid or merger spread throughout the market, A&O confirmed there are no plans to open in Canada.

Study calls for reformVictims of stalking are being failed by the law, according to a groundbreaking study of 80 cases by

UK probation unit Napo, reports The Guardian. The study, which is to be presented to a parliamentary inquiry, has led to calls for harsher sentences for stalking offences. Case analysis revealed that stalking sometimes rapidly escalated from unwanted texting and phone calls, to victims being followed, wounded or even murdered.

L Aw y e r S w e e k Ly 7 O C t O b e r 2 011 9

US/U

K U

pdate


Whether lawyers can achieve profit, success and happiness was an important issue explored at the sixth annual Tristan Jepson Memorial Lecture last week. Briana Everett reports

“ You can come in, work hard for 10 or 15 years, never have a life and you may be one of the very few that get into an equity partner position” Nigel McBride, MaNagiNg partNer of MiNter elliSoN (adelaide/darwiN)

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10 l aw y e r s w e e k ly 7 o c t o b e r 2 011 www.lawyersweekly.com.au

Merger on the menu Known more for its beautiful scenery than high-powered business meetings, the merger between Blake Dawson and Ashurst has its genesis in a lunch on the Mornington Peninsula. Justin Whealing reports

indepth

on the desirability to move to a shared partnership profit pool.

“The complexity of the merger meant that was the best option,” said Carrington. “We operate in five jurisdictions outside Australia and they operate in 15 different jurisdictions outside of London.

“This means that a number of different regulatory and tax issues needed to be addressed, and we are also aiming to have a single partnership profit pool.”

On current numbers, the merged firm will have 442 partners, of which the majority (230) will come from Ashurst.

Ashurst also brings a bigger war-chest to the table, with revenue of just over $460 million spread across its 16 offices, while Blake Dawson has revenue of $380 million from its 10 offices.

Despite entering the Australian market with a radically different model to its UK rivals Clifford Chance and Allen & Overy, which cherry-picked partners from established Australian firms, Ashurst will also be targeting the upper-end of the commercial legal market.

Blakes, whose powerbase largely comes from energy and resources work with a client list that includes BHP, will be able to utilise the financial services expertise of Ashurst.

High-end M&A, dispute resolution and projects and infrastructure work will also be a focus for the merged firm.

The reaction of competitorsLike many national law firms, Blakes has been seeking a merger to safeguard its position after the successful arrival of global firms such as Allen & Overy, Clifford Chance and Norton Rose, firms that have been taking market share – particularly in M&A work – partners and clients from top-tier firms.

According to Matthew Latham, a former partner with Corrs Chambers Westgarth but now with the US-based global law firm Jones Day in Sydney, national law firms face some tough decisions in the current climate.

“What looked like a trend on the international global side is starting to look like a tsunami,” he said. “The Blakes and Ashurst

Blakes and Ashurst in numbers

Charlie Geffen took the idea of a working holiday to a whole new level in January.

Geffen, a senior London-based partner with Ashurst, took some time out over Christmas and the New Year to travel with his children to Australia.

Blake Dawson chairman Mary Padbury, based in Melbourne, took the opportunity to visit Geffen on the Mornington Peninsula for lunch. Nearly nine months later, a new firm was born.

“We had an expansive discussion at lunch,” Padbury told Lawyers Weekly. “From that, the senior leadership of both firms got involved and we formed a working group with lots of discussions and visits both ways until the merger was announced.”

The official merger announcement was made on 23 September after more than 75 per cent of partners from both firms (the required minimum number) had voted to approve the merger. From March 2012, Blake Dawson will trade under the Ashurst name in Australia and the Asia-Pacific, with a full merger occurring by 2014.

Blake Dawson managing partner John Carrington told Lawyers Weekly that the decision to stagger the merger was based in part

• 4100 - The number of lawyers at DLA Piper, the world’s largest law firm• 1728 – The number of lawyers at Blakes and Ashurst• 842 – Combined revenue, in millions, of Blakes and Ashurst for FY11 in the UK and Australia• 422 – The number of partners at Blakes and Ashurst• 18 – The number of offices the merged firm will have• 6 – The number of global law firms (including Ashurst) that have opened in Australia since

2010• 1.75 – The revenue, in billions, generated by Allen & Overy for the 2011 UK financial year

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l aw y e r s w e e k ly 7 o c t o b e r 2 011 11

“What looked like a trend on the international global side is starting to look like a tsunami”

MattheW LathaM, partner, Jones Day

“We had an expansive discussion at lunch” Mary paDbury, chairMan, bLake DaWson

indepth

merger will put additional pressure on the other big national firms to determine what their international strategy is.”

Latham believes it is futile for national firms to deny there is a trend towards the globalisation of legal services, stoically telling clients and the market that the arrival of global law firms won’t change their strategy.

“There is a perception within the industry and a perception by clients that operating a global platform is a plus... I don’t think you can deny that now,” he said.

The remaining large stand-alone national firms are already looking to sure up their

international connections.The incoming head of Mallesons Stephen

Jaques, Stuart Fuller, is quite open about his firm having discussions with other firms with regard to being part of an international network by 2015.

For other firms, like Gilbert + Tobin, the merger with the well regarded West Australian firm Blakiston & Crabb in May is part of its strategy to shore up its local practice, with the added benefit it might make itself more attractive to a possible international suitor down the track.

G+T managing partner Danny Gilbert said his firm was not in any formal merger

discussions at the moment, but it would look at a merger if the opportunity arose.

He acknowledges that a merger such as the Blakes and Ashurst tie-up will certainly create waves in the market.

“It will have an impact on how we view the market as Blakes will be a different type of competitor, with access to a larger global network of influence,” he said.

For a legal market that only two years ago was seen as too competitive and over lawyered to attract the interest of global firms, the question now is who will be next and which Australian firms will survive. LW

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• ThemoderndayBlakeDawsonhasitsoriginsdatingbackto1841

• ScottishexpatJamesHunterRossstartedthefirminMelbourne,andittradedunderthenameofBlake&Riggallfor114yearsafterArthurBlakejoinedthepartnershipwithlawyersRobertNuttandWilliamRiggallin1866

• TheSydneyarmofwhatisnowBlakeDawsonopenedin1881,withtheopeningofGeorgeCharlesKingWaldron’spracticein1881

• PercySydneyDawsonjoinedtheSydneypracticein1891

• In1988,Blake&RiggallmergedwithDawsonWaldrontobecometobecomeBlakeDawsonWaldron

• AmajorrebrandingexercisesawthefirmbecomeBlakeDawsonin2007

• BlakeDawsoncurrentlyhas828lawyersand192partnersspreadacross10officesandanassociatedofficeinJakarta.

• FromMarch2012,BlakeDawsonwilltradeundertheAshurstbrandname,swellingtheranksofitsnewsuitortoover1700lawyers

What’s in a name?

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“And it’s not true, we do have to wear pants under the desk” JAMES MCHALE , NEWS ANCHOR

indepth

When James McHale sat down in his fi rst ever law lecture, the dean of law told him that if he was only there because he’d achieved the

marks in high school, he should take a long look in the mirror before continuing with his degree. Instead of getting up and sneaking out of the lecture theatre, McHale (who admits he enrolled in law because he got the score) ignored the dean and went on to complete his law degree, graduating from Perth’s Murdoch University in 2006.

More interested in the practical application of the law than study for study’s sake, McHale immersed himself in campus social life. In his fi nal year he obtained a clerkship at Clayton Utz and gained a graduate position, rotating through its property and competition litigation groups and fi nally settling in its commercial energy and resources group.

“I enjoyed the detail and the precision required in the work...I loved getting a problem and having to fi nd an answer,” said McHale,

adding that he also loved Friday night drinks, ready access to a stationary cupboard and not doing his own word processing.

But despite the perks and prestige associated with working at a top-tier law fi rm, McHale felt there was something missing during the long hours he spent in the o� ce with little other than a fl uorescent computer screen. He said it was a yearning to be outside, on the road, meeting new people and learning about a wider range of subjects that propelled him into the fast-paced world of the media.

“I had always considered journalism as a potential career path,” said McHale, who

completed a combined Bachelor of Laws/ Media, majoring in radio.

It’s no coincidence that many lawyers become journalists. The process of interviewing is akin to a cross examination and both professions call for attention to detail, a critical and analytic mind and a natural curiosity. But McHale found a certain scope for creativity in the world of broadcast reporting, which was absent in law.

“It’s hard to fi nd creative fodder in law. You can be strategic and creative in how you solve problems, but it’s hard in such a rigid and regulated environment,” he said.

McHale, who now works as a news anchor and reporter for ABC news and current a� airs on radio and television in WA, recalls the fi rst time he heard his voice on radio and got his story on television.

“It was really exciting. It’s great to get paid to put on my ‘serious face’ and tell people what happened that day,” he said.“And it’s not true, we do have to wear pants under the desk.”

Coming from a profession which prides itself on digesting great quantities of information and producing reams of documents containing every minute detail of a case, McHale said it has been a challenge to retrain to merely scan documents, summarise histories and omit the dregs of breaking news.

“I went from a career requiring incredible detail in every piece of work produced, to one in which you have a maximum of 1 minute and 50 seconds to tell the whole story (40 seconds if its for radio),” he said.

While he admits law was not the right career for him at the time, McHale is defi nitely not ruling it out in the future.

“I wouldn’t discount a return to law, but if I was to go back and enjoy it, I think I’d do something with a more ‘human’ element,” he said.

Perhaps he wasn’t wrong to ignore the dean after all. LW

From the courtroom to the newsroomStephanie Quine asks James McHale – news anchor, pants wearer and former lawyer – about his decision to leave law to learn the ABCs of journalism.


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AUSTRALIANOPPORTUNITIES

To search Australian and global job opportunities go to www.marsdengroup.com or download our free iPhone App(search iTunes – Marsden Job Search) - legal job searching just got easier.

For a confidential discussion about your current options in Australia please contact one of our consultants:

Jonathan Walmsley02 8014 9050

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ASSOCIATES:Perth | M&ATop tier firm. This junior-mid level corporate role ranges fromadvising on M&As and JVs to foreign investment issues for clientsin the energy sector.

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Sydney | Construction National, mid tier firm seeking a mid level front end constructionspecialist. You will be a team player, commercial and have strongacademics.

Melbourne | FinanceLeading practice led by senior partner involved in major domesticand international deals. You will currently be in a well regardedAustralian team.

SENIOR ASSOCIATES:Sydney | Private EquityTop tier firm with no 1 ranked practice acting for two of the bestPrivate Equity houses. Why wouldn’t you want to move yourcareer here?

Brisbane | EnergyTop tier firm offers exciting opportunity to be the 2iC oncorporate energy deals working with Chinese and Brazilian clients.International transactions.

Sydney | InfrastructureTop tier firm seeking front end infrastructure and projects lawyersfor busy and growing practice working with 3 very high profilepartners.

Sydney | FundsLeading practice with impressive history of growth, internalpromotions to partner and a mandate from management forfurther expansion.

Brisbane | EmploymentTop tier firm, tight-knit team which is a stand- alone practice. Thisis a 2iC role and will be the next in line for partnership for thesuccessful candidate.

PARTNERS:Finance Partners | National Firm - SydneyWe have a long standing relationship with this growing firm. Thepartners have a strategic desire to grow the finance practice tofurther cement its strong market position. You will have a portablepractice or a strong track record of business development.M&A Partners | Boutique Firm – Sydney, Melbourne & BrisbaneThis high profile, Boutique Firm is seeking M&A partners, with acorporate following, to add to their strong capability in this area.They are renowned for their ability to deliver high end advice andtransactions for some of Australia’s top companies.

Corporate/Commercial Partner | Mid Tier Firm – SydneyThis strong mid tier player is actively trying to grow acorporate/commercial team. They are well regarded in all other keyareas of practice and have a collegiate culture. You will have anestablished practice and the drive to build a capability within a firm.

Construction Partners | National Firm - SydneyHighly profitable, fast growing firm with a genuinely transparentand meritocratic environment. You will have front or back endconstruction, infrastructure or projects expertise and the abilityto add to the practice in terms of skills and clients.

Samantha Cowling02 8014 9053

[email protected]

Lawyer & Associate Recruitment: Partner Recruitment:

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14 l aw y e r s w e e k ly 7 O c t O b e r 2 011 www.lawyersweekly.com.au

practiceprofile

A round 750, 000 Australians access legal aid every year. Funding from the Commonwealth Government ($194.8 million in 2011/12) helps

the eight legal aid commissions in each of the states and territories to offer legal advice to clients, representation in court proceedings and community legal education for people who cannot afford to pay.

Criminal and family law matters are the prime focus of legal aid, leaving civil matters largely up to pro bono lawyers. In 2010-2011, only six per cent of Victorian legal-aid funding was allocated to civil matters, while 50 per cent was spent on criminal matters and 32 per cent on family disputes.

The most recent federal budget failed to deliver the $66 million in legal-aid funding needed to return the Government’s aid contribution to the 50 per cent level, which the sector received in the years leading up to 1997.

In response to the latest budget, the Law Council of Australia (LCA) provided a plan to the Commonwealth Treasury to restore funding to 50 per cent through consolidated revenue by 2015. Upon the release of the budget, LCA president Alexander Ward said the legal

assistance sector was facing a “financial crisis” due to 14 years of inadequate funding.

This lack of funding is one of the major challenges facing pro bono lawyers today, according to DLA Piper’s head of pro bono international Nicolas Patrick.

As less and less people obtain access to legal aid, particularly in the area of civil law, he says pressure is mounting on pro bono to pick up the slack.

“What pro bono is doing is providing a safety net … We’re picking up the people who don’t qualify for legal aid,” explains Patrick. “We rely on a well-funded legal aid system in order for pro bono to be effective. The bulk of people who need legal assistance should be getting that from legal aid as they are best placed to provide free legal services … That’s what their lawyers are expert at doing.”

Referred by legal aid organisations, community legal centres or through civil law clinics run by DLA Piper (for post-release prisoners, people with mental health problems and homeless people), around 90 per cent of the firm’s pro bono clients are on Centrelink benefits of some kind.

The fight for supportAccording to Brisbane-based legal aid lawyer Nadia Bromley from Legal Aid Queensland, funding changes make the legal aid environment difficult because of the constant need to accommodate budget changes and to train staff accordingly.

“We always have more clients than we can assist and represent and with funding changes we need to accommodate that,” says Bromley, a principle lawyer in charge of the professional development of in-house criminal legal aid lawyers in Queensland.

“It’s about finding the right balance so that for the people we can’t provide granted legal aid to, we can provide advice without changing our work mix.” But for Bromley, there is a greater challenge still and that is to keep up with changes in legislation.

The Moynihan reforms, passed by the Queensland Parliament in August last year, brought about major changes to criminal procedure by amending the Criminal Code Criminal Practice Rules 1999, the Justices Act 1886 and many other statutes following a wide-ranging review of the Queensland justice

Children (child protection, welfare, family law, criminal law services)

People with mental health issues (specialist services in statutory mental health system)

Low-income consumers (legal advice services in consumer law, credit and debt issues)

National Legal Aid has identified three key priority groups for 2011 - 2013:

With a lack of funding and constant reforms, legal aid lawyers must band together to defend the defenceless. Stephanie Quine looks at the current state of legal aid in Australia

call to aid

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practiceprofile


system by the Honourable Martin Moynihan AO QC.

“We’ve had a big change recently with the Moynihan reforms and that’s pushed a lot of the criminal matters into the lower courts where traditionally you might have had more junior lawyers. So we have to now train those people to deal with more serious matters,” she says.

However, there is aid available to lawyers like Bromley and her team of 51 criminal legal-aid lawyers.

Legal Aid Queensland, like other state and territory commissions, is in close contact and collaboration with the state’s law society and has a “preferred supplier panel” of private-practice lawyers, which it consults about policy changes.

And more recently, Bromley says, there has been a great deal of discussion and cooperation between legal aid commissioners throughout Australia on particular national issues.

Legal aid lawyers in New South Wales, Victoria, Queensland, Western Australia and the Northern Territory are currently cooperating on a landmark immigration case which could free around 350 alleged people smugglers who face mandatory prison sentences in Australia.

The case is being led by Victorian legal aid lawyer Saul Holt, who argues that people smugglers are legally entitled to assist asylum seekers. Legal aid lawyers throughout Australia are awaiting the decision of the Victorian Court

of Appeal, although Holt believes it is likely to go to the High Court of Australia.

“We’re putting a lot of our cases on hold while awaiting the outcome of the Victorian Court of Appeal decision, so we’re liaising with our colleagues down there,” says Bromley.

A social conscienceDespite funding cuts, Patrick believes lawyers have a professional responsibility to assist the disadvantaged in legal matters.

“Lawyers have a monopoly on the giving of legal advice and legal representation and our responsibility is to ensure that everybody gets access to that – not just those who can afford to pay for it,” he says, adding that DLA Piper does a “very significant” amount of pro bono work (more than $8 million so far this year) for that reason. Working in an area of law that he loves, Patrick says he appreciates the social justice aspects of pro bono work and finds it just as challenging as commercial and corporate work because of the “extremely complex problems” of some clients.

“Working pro bono is something that I believe all lawyers should do. This is a job I enjoy coming into do everyday,” he says.

For Bromley, being a legal aid lawyer is a unique experience. Coming from the finance sector in private practice to Legal Aid Queensland, which is the largest criminal practice in the state, Bromley says it is valuable to have a broader view of the criminal justice system in Queensland as well as the opportunity to contribute to law reform policy and develop close links to the justice department.

While there is no doubt that legal aid and pro bono lawyers handle highly challenging clients and high-pressure cases, Bromley appreciates the lack of commercial focus to meet billing targets.

“Obviously we’re always conscious of spending public money, but there’s certainly not that commercial focus that you’d experience as a private practitioner,” she says.

“It’s about focusing on the outcomes for the people…and how much it costs to do it.” LW

“What pro bono is doing is providing a safety net … We’re picking up the people who don’t qualify for legal aid” NicolAs PAtrick, heAd of Pro boNo iNterNAtioNAl, dlA PiPer

“it’s about focusing on the outcomes for the people…and how much it costs to do it” NAdiA bromley, legAl Aid QueeNslANd

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legalleaders

Yes MinisterGreg Gaunt would never have been a lawyer had he not been inspired to enter the profession by his classmate, Defence Minister Stephen Smith. Briana Everett reports

Greg Gaunt can thank Defence Minister Stephen Smith – and his apparently good note-taking ability – for what has been a very successful legal career,

spanning more than 30 years.It was the current Minister for Defence’s drive

to become a lawyer during their school days together which led Gaunt to do the same.

Gaunt followed his friend Smith from high school to the University of Western Australia, where they both studied arts and law.

While Smith only practised for a short time, Gaunt has remained in the profession ever since.

“He had this driving passion to be a lawyer … I followed him and used his notes and got

through law school,” laughs Gaunt, who now leads Perth-based firm Lavan Legal.

But despite reaching the top ranks of the profession, having joined the partnership of Phillips Fox (which later became Lavan Legal) in the early 1980s and later becoming managing partner, Gaunt admits he never really felt he was cut out to be a lawyer.

“I’m not a real lawyer’s lawyer. I never have been,” he says.

Small beginningsConfessing that he enjoys his work as a managing partner more than he ever enjoyed practising law, Gaunt fondly remembers his days as an


articled clerk. “It’s funny, I kind of see the law from an

outsider’s viewpoint, more than I do from an insider’s viewpoint,” he says. “I think that probably helps in terms of what I do.”

Starting his legal career in Freemantle at Lavan & Walsh, as it was then known, Gaunt admits he “mucked around quite a bit” working in the firm’s converted hotel office, with just one partner and a solicitor.

“I started at Lavan & Walsh in its Freemantle office. This was before America’s Cup time. It’s not fair to say it was a sleepy place, but Freemantle was a totally different place to Perth,” says Gaunt, who eventually went back to the

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opimion

firm’s Perth office.It was during his early days completing his

articles when Gaunt formed a relationship with two of his biggest mentors; Edmond Frishot, who started Freemantle firm Frishot & Frishot and Kevin Hammond, a former chief judge of the District Court who joined Lavan & Walsh in 1978 after working in the town of Northam.

“Edmond Frishot was my principal when I started doing my articles. He was a very, very interesting character, so I thoroughly enjoyed my time down at Freemantle in an extremely small office,” Gaunt recalls.

“Both Edmond Frishot and Kevin Hammond were just fantastic characters. They had an entirely different background to your normal partner within a Perth city firm,” he says. “Edmond had everybody in fits of laughter. The instant he was out of the lift you knew he was there. The value of enjoying what you’re doing and having fun, and having characters who can do that, is just fantastic.”

Completing his articles under the guidance of Frishot and Hammond gave Gaunt some “pretty good life experience”, which he says most young lawyers of today would not typically have. “I still look back on my articles very fondly. I just loved it … I was doing things like going up to Freemantle prison. Back then it was the maximum security prison,” he says. “It was relatively common for me to be up there or down at the Freemantle local court. You just dabbled in a bit of everything.”

By 1998 Gaunt had reached the top, becoming managing partner of Phillips Fox after Lavan & Walsh became Lavan Solomon in 1983 and then Phillips Fox in 1984.

Leading the national firm from 1998, Gaunt maintained his position as managing partner at Lavan Legal, which was established in 2006 when parts of the Phillips Fox partnership walked away from the firm’s national structure in favour of an independent, state-based firm model.

That, he admits, was a difficult period, but Gaunt hasn’t looked back since separating from the national firm.

“I’ve always felt that if you’re going to be in a national firm, you probably need to

be at the centre of it, rather than be a satellite. I was never mad keen to sit here in Perth and be part of a national firm”

l aw y e r s w e e k ly 7 o c t o b e r 2 011 17

aged between 19 and 26. “I’ve got little kids again and they keep you

pretty active,” he says. “Having the little kids is a great interest because it’s something I didn’t think was ever going to happen. You have a better opportunity to kind of do it differently the second time around. You enjoy them more as little kids.”

When he’s not spending time with his children, Gaunt can be found somewhere on the water. Growing up just 200 metres from Perth’s Swan River, Gaunt says he could sail before he could swim, influenced by his father, who still sails today.

“I sailed from the time that I was about five or six but I couldn’t actually swim. You had a life jacket so it didn’t matter,” he laughs.

While he doesn’t sail any more, Gaunt is still windsurfing – something which he’s done since the 70s.

Enjoying life outside work is something Gaunt has tried to inspire his younger lawyers to do, especially during his early days as leader of Lavan Legal when he made it his mission to improve the productivity of his lawyers and get them out of the office.

“It was kind of a hangover from the late 1980s/90s period where the people who spent the longest time in the office were supposed to be your best performers. I was always really cynical about that. I always thought we probably spent too much time in the office – even now – but I was trying to drive people to be productive. We’re not here for a long time, we’re here for a good time,” he says.

“I guess that’s part of what’s always driven me. I’m here because I like being here. I like having a good time.” LW

“I guess it was a bit of a concern as to whether we did have better prospects as a stand alone, state independent firm,” he says. “Clearly, the partners who left Phillips Fox thought they were better within a national structure. The rest of us thought we weren’t and I know we’ve proved ourselves to be correct.”

Without being critical of national firms in general, Gaunt points out the difficulties of being part of a national firm when sitting on the outer edge of such a structure.

“I’ve always felt that if you’re going to be in a national firm, you probably need to be at the centre of it, rather than be a satellite,” he says. “I was never mad keen to sit here in Perth and be part of a national firm.”

While Gaunt and his partners have left Australia’s group of national firms, they are still well aware of their pulling power.

“We need to be well-known. We’re fighting against the national firms which are known for that, so we have to be extremely well known,” he says, laughing that the split from Phillips Fox gave Lavan Legal a profile, albeit not quite the one they wanted.

Here for a good timeAlthough he runs a firm of 20 partners and an additional 50 lawyers, Gaunt confesses he doesn’t work as hard as the team he looks after.

“I don’t work anywhere near as hard as the real workers here. I just don’t,” he says. “I can’t complain about my workload.”

With a lesser workload, Gaunt’s time away from work is now taken up by two recent additions to his family – a four-year-old and a two-year-old – adding to his four older children,

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The work you do when things go bad

Insolvency and restructuring lawyers are often busy when a company or the economy is going through bad times. Justin Whealing reports on an area of the law reliant on bad news

leadfeature


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The work you do when things go bad

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l aw y e r s w e e k ly 7 o c T o b e r 2 011 19

Undertakers, doctors, tax collectors, school teachers and lawyers. These are five professions where there will always be a strong demand for services, regardless of which way the economic wind is blowing.

It is often said, and often by lawyers themselves, that lawyers will always be needed in good times and bad. That is true, but some lawyers exclusively practice in areas where their work is driven by some form of corporate distress.

“The most disappointing day of my professional life was the day the main line sale of Ansett collapsed,” says Corrs Chambers Westgarth partner John Stragalinos. “We had worked so hard, and you look at how hard the Ansett people worked in trying to save the airline and save thousands of jobs.

“So much effort was put into it and unfortunately the sale fell over and that is why, for me, it remains the most disappointing day of my professional life.”

Before joining Corrs in 2002, Stragalinos was at Andersen Legal where he worked for the administrators of Ansett, Mark Korda and Mark Mentha. This was a role he continued after he transferred

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“The most disappointing day of my professional life was the day the main line sale of Ansett collapsed”JOHN STRAGALINOS, PARTNER, CORRS CHAMBERS WESTGARTH

across to Corrs.Due to the nature of insolvency and

restructuring work, much of it is done in the glare of the public eye.

Henry Davis York is acknowledged as the leading boutique insolvency and restructuring fi rm in Australia. It has had a role in many recent high-profi le insolvency matters, including ABC Learning, Centro, the Allco Finance Group and Babcock & Brown.

The head of the fi rm’s banking, insolvency and restructuring practice, Jason Opperman, says that you can never totally divorce the public commentary from your role as a trusted legal advisor.

“The pressure that is placed on those clients from the public perception perspective is really important to us and always top of mind, but our key priority is to represent our clients’ interests from a legal perspective, and getting that job done is of a paramount concern.”

Like Opperman, Stragalinos also is not immune to how public commentary can a� ect a client’s image. In addition to the Ansett administration, he has acted on complex and much talked about insolvency matters such as advising the liquidators of the Timbercorp group of companies and the bank syndicate on the refi nance and subsequent receivership of the Allco Finance Group.

However, he says when “you are in the middle of it all, you are too busy to notice the press coverage given to certain matters”, and for the lawyers involved, the pressure on the desired outcome is not driven from the press coverage or any emotional or public debate an insolvency matter might generate, but rather, the pressure comes from trying to get the best possible result for your client.

“With those types of situations, the pressure is put on you to fi nd a solution,” he says. “With the Ansett matter, the company had around 16,000 employees, and one of the main objectives for my client, once we knew the

mainline airline couldn’t be saved, was to deliver the best possible return for employees with regard to their entitlements.

“The fi rst priority was trying to deliver a high return to all stakeholders.”

The GFC isn’t over for insolvency lawyersHenry Davis York did very well out of the global fi nancial crisis (GFC).

The fi rm increased its revenue in 2008-09 to $85 million – a 15 per cent increase on the previous period – with much of that growth fuelled by the increase in insolvency and restructuring work as a result of the GFC.

With legal wrangling and restructuring work often continuing for years after a business collapse, Opperman says there is still a lot of work that his fi rm is doing that arose out of the GFC.

“Some of the larger and more complex matters that did emanate out for the GFC continues to provide strong workfl ows in the restructuring space,” he says.

Work related to many of the big corporate collapses during that period, such as Centro and ABC Learning, are still providing Henry Davis York, as well as other fi rms, with a steady stream of work.

DLA Piper banking, insolvency and restructuring partner Scott Harris has a client base that includes Westpac, the National Bank of California and PricewaterhouseCoopers.

He says while he is still doing work that has its genesis from the GFC, his workload is “a bit of a mix” of the old and the new.

“There is still hangover work from those large corporate collapses of a couple of years ago, particularly with regard to class actions where shareholders have got together and initiated claims in relation to the circumstances in which they invested in the company,” he says.

Harris says that one of the lessons learned

Restructuring ratings

According to Legal 500, the leading insolvency and restructuring firms are:

Top-tierBlake DawsonHenry Davis YorkMinter Ellison

Mid-tierAllens Arthur RobinsonBaker & McKenzieClayton UtzCorrs Chambers WestgarthFreehillsMallesons

The best of the restArnold Bloch LeiblerDLA PiperDibbsBarkerGadensGilbert + TobinJohnson Winter & SlatteryKemp StrangMaddocksNorton RosePiper AldermanTressCox lawyers

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collapse, erratic global fi nancial markets and a slumping retail sector, there is genuine fear that Australia and the global economy will su� er a major downturn.

“Outside the mining sector, sentiment is generally still poor and the strong Australian dollar is straining profi ts,” says Dun & Bradstreet CEO Christine Christian.

Australia is already feeling the squeeze, with insolvencies riding by just over 12 per cent for the second quarter of this year. Opperman certainly believes that there is every prospect this trend of increased rates of insolvencies will continue into the near future.

“To some extent, we are experiencing the calm before the storm as the world is closely watching how things pan out in Europe, particularly right now with the Greek debt

from the GFC is that banks and fi nancial institutions give ample time to companies to pay back debt and are more actively monitoring their investments. He believes that is one of the reasons why we don’t see the same numbers of large insolvency matters at the moment, with fresh work for administrators and lawyers coming from a wider variety of sources, including smaller companies.

“Where there is a fl ow of work at the moment is in the small and medium sized enterprise (SME) market,” he says. “Many of these companies have either been in distress for some time, or have been on watch by the banks or given greater forbearance, and it is obviously in everyone’s interest to try and work through some of these areas of exposure, rather than taking a more aggressive line to realising their security.”

With the banks more inclined than in the past to sit on their hands, there has been a growth in the amounts of restructuring work for lawyers brought in by administrators before insolvency beckons.

“It is quite a di� erent situation to what we have seen previously,” says Opperman. “SME owners are hanging on until the 11th hour for rescue packages, and if that doesn’t eventuate, they frequently opt for voluntary

administration, bearing in mind their obligations to directors and the duties they have in respect to insolvent trading,” he says.

“Understandably, directors want to avoid insolvency and to preserve the value of their assets as much a possible. But, insolvent trading is top of mind for many directors, and they fi nd themselves with little alternative but to appoint an administrator.”

Stralaginos says the pressure being felt by businesses in the SME space is providing work for insolvency and restructuring lawyers, with a more vigilant Australian Tax O� ce (ATO) also putting pressure on SME’s. Similar to Harris, he also acknowledges the greater patience, within limits, of the banks. However, he believes a more aggressive stance taken by the ATO is putting extra pressure on companies in the SME sector.

“The ATO, during the GFC, was very supportive of businesses and provided time for companies to pay tax,” he says. “This year, the ATO has increased its pressure on collection e� orts, and that is putting more pressure on the SME sector.”

Another recession could be around the cornerWith European economies on the brink of

The number of business failures rose by 12.1% in Australia in Q2 2012, up from a 4.1% increase in Q1 2011

This was despite a 5.7% decrease in global business failures

The rise in insolvencies may have reflected knock-on, lagged effects of the 2008-09 global financial crisis, declines in business credit and higher interest rates

Outside the mining sector, sentiment is generally still poor and the strong currency is straining profits

*Source: Dun & Bradstreet Global Business Failures Report

Insolvencies on the rise in Australia

“It would be too early to predict a rash of forced capital raisings”

STUART BYRNE, NATIONAL HEAD, EQUITY CAPITAL MARKETS GROUP, CLAYTON UTZ

© Dun & Bradstreet Limited 5

Country Risk ServicesA D&B Special ReportSeptember 2011

Spain

Latest Developments:

• the number of business failures rose by 12.3% y/y in Q2, comparedwith an increase of 13.0% in Q1;

• the high levels of business failures reflect the meagre recovery after a deep recession;

• among the key sectors, the hotel/catering, agriculture/fishing and wholesale trade sectors saw the largest annual rises in bank-ruptcies in Q2, while finance also showed a weak performance;

• by contrast, the construction sector (the largest industry in Spain)saw another drop in bankruptcies.

Outlook:

• a further increase in the number of business failures is likely given a fragile economic outlook and the ongoing need for fiscalconsolidation;

• amid high unemployment, the outlook for sectors linked to massconsumption will remain bleak.

-200

0

200

400

Q2Q111

Q4Q3Q2Q110

Q4Q3Q2Q109

Q4Q3Q2Q108

Change in Business Failures (y/y, %)

Business Failures by Sector in Q2 2011

Share of Total

Y/Y Change (%)Q2-11 yr to Q2

Construction 26.8 -7.0 -2.8

Industry and Energy 18.3 2.8 -5.6

Wholesale Trade 17.2 40.4 13.1

Transport and Storage 4.7 1.5 16.0

Hotel and Catering 4.1 62.9 5.8

Finance, Insurance and Real Estate 3.8 17.8 53.2

Agriculture and Fishing 1.1 50.0 13.1

Others 24.0 25.9 15.4

Total 100.0 12.3 5.2

Australia

Latest Developments:

• the number of business failures rose 12.1% y/y in Q2, up from a4.1% increase in Q1;

• the rise in insolvencies may have reflected knock-on, lagged effects of the 2008–09 global financial crisis, declines in business credit and higher interest rates;

• outside the mining sector, sentiment is generally still poor and the strong currency is straining profits.

Outlook:

• we expect lagged bankruptcies from the slowdown in 2009 to tail off;

• however, overall confidence is weak and this could lead to a lagged increase in business failures going into 2012;

• retail and services sectors failures will reflect subdued consumerspending.

-20

0

20

40

60

Q2Q111

Q4Q3Q2Q110

Q4Q3Q2Q109

Q4Q3Q2Q108

Change in Business Failures (y/y, %)

Business Failures by Sector in Q2 2011

Share of Total

Y/Y Change (%)Q2-11 yr to Q2

Finance, Insurance and Real Estate 16.5 16.6 17.8

Services 14.8 29.1 27.5

Construction 8.9 23.3 13.1

Manufacturing 4.9 -13.9 8.0

Retail Trade 6.8 39.4 24.1

Wholesale Trade 4.7 12.5 7.0

Transport, Communication, Utilities 2.4 64.3 26.8

Others 40.9 2.0 4.5

Total 100.0 12.1 11.7

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Butter rthwo s

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crisis and Germany’s response to that,” he says. “But as the market starts to come to terms with a new world economy and a new political structure within the European Union, we will begin to see more cross border insolvency work at HDY and there will also be fl ow on work in the SME market.”

Harris acknowledges that in Australia, the depressed levels of retail demand and slumps in certain areas of the property market, coupled with the global economic downturn, are putting signifi cant pressures on the Australian economy.

“The signifi cant thing is not knowing how the events in Europe will pan out and whether the continuing problems over there and in the USA will a� ect the Australian economy.”

The uncertain global climate and volatile share market environment has certainly dampened demand in the capital markets.

The head of the equity capital markets team at Clayton Utz, Stuart Byrne, says he sees the glass half full as to the question of whether he expects to act on an increasing proportion of capital raisings linked to balance sheet repair.

“The optimist in me says no,” he says. “I think we are in a better position then we have been because of the extent of the capitalisation of the market. It would be too early to predict a rash of forced capital raisings.

“But come back to me in six weeks if they don’t sort out Greece,” he says wryly.

With so much work in this area dependent on prevailing economic conditions, fi rms with an insolvency and restructuring practice are continually looking to strengthen their relationships with the banks and fi nancial institutions, to also get work in the good times.

For Henry Davis York, which doesn’t have the national or international capability of fi rms like Corrs and DLA Piper, its retention on the

major banking panels is a major part of the long-term strategy of its 70 lawyer-strong banking, insolvency and restructuring practice, of which Opperman is its head.

“There is no doubt that the fi rm is built on fi nancial services and public sector work, and restructuring and insolvency work is the foundation of our fi nancial services work,” he says. “But the foundation of many of our strong relationships has been built around sticking with our core clients during the tough times, which has led to working with them again in the good times, and we saw that happen post-GFC.”

Sir Thomas More would like the analogy of clients needing a lawyer for all seasons. LW

leadfeature

“To some extent,

we are experiencing the calm before the storm” JASON OPPERMAN, PRACTICE LEADER, BANKING, RESTRUCTURING AND INSOLVENCY PRACTICE, HENRY DAVIS YORK

“Where there is a flow of work at

the moment is in the small and medium sized enterprise (SME) market”SCOTT HARRIS, PARTNER, DLA PIPER

According to Dun & Bradstreet CEO Christine Christian, Australia can expect insolvency levels to continue to rise for the following three reasons:1. “There is an increasing risk that the global

economic slowdown will intensify the upward trend in insolvency levels.” she says. “The economic recovery is running out of steam. Downside risks to growth, including debt crises in Europe and the United States and volatility in financial markets, remain high.”

2. “With growth expected to remain muted for the rest of the year, we are likely to see this further dent corporate profitability and payments performance, raising the risk of corporate insolvency”

3. “Given relatively favourable macroeconomic conditions in Australia, we expect lagged bankruptcies from the slowdown in 2009 to tail off,” says Christian. “However, overall confidence remains weak and this could lead to an increase in business failures going into 2012.”

GFC Mark II?

In the 2008-09 financial year, Henry Davis York brought in $85 million, then a record revenue figure for the firm and a 15 per cent increase on the previous period. This occurred at a time when the revenue of many other law firms was plummeting and redundancies were commonplace. Much of that revenue for HDY was driven by insolvency and restructuring work arising from the GFC. “We have performed impressively over the last two years, and we are very focused on building a firm that is successful in both the good and bad economic times,” managing partner Sharon Cook told Lawyers Weekly in an interview in 2010. “We hope to continue the depth of that relationship [with clients] and demonstrate our capabili-ties throughout all the practice areas we represent.”

The upside of a downturn

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24 l aw y e r s w e e k ly 7 o c t o b e r 2 011 www.lawyersweekly.com.au

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coffee break

How do I negotiate the best salary when moving in-house?

It can be difficult for lawyers to know how to position them-selves with respect to salary

when moving in-house for the first time. This is made harder by the fact that salary ranges are often much broader for in-house roles and don’t necessarily directly correspond with private practice. This is because there is such a variety of different organisations and industry sectors which employ legal counsel and they each have different internal remuneration structures, levels of profitability, and different requirements in terms of the complexity and amount of legal work handled internally.

Your job is made easier when the company has provided a salary range up front so you can discuss with your

QA

recruitment consultant (or determine yourself) where you should be placed within that band, taking into account your level of experience compared to what is required and also considering what you would be happy with given your personal circum-stances. If a range is not provided then it is usually best practice to wait for the company to indicate a figure first so that you can consider it and then, if necessary, negotiate to a position you are happy with. This avoids a position where you go in too high and lose out on the position or where you undersell your valuable skills and experience.

If you are asked for your expectations during an interview, then you have the option to defer to the consultancy handling the assignment to negotiate for you. However, if you do provide a figure during an interview, then it is important that it is one you are happy with as it is very difficult to re-negotiate at a later date without a good reason for the increase.

As Christmas approaches, a number of Australian lawyers working overseas will be planning their return to the Australian market. briana everett reports

New year brings aussie lawyers home

careercounsel

In the lead up to the New Year, a number of Australian lawyers working at international firms will begin to consider their options back in Australia.

According to J Legal senior consultant Kellie McLean, the New Year usually brings an increase in the number of people inquiring about new roles.

“A lot of internationally-based lawyers return to Australia for the Christmas period and some plan for a permanent return before they arrive,” she explained.

“As such, there are some highly trained and experienced lawyers re-entering the market and looking for roles now in the lead up to Christmas.”

According Jenny Bermheden, manager of

private practice at J Legal, while some lawyers will be looking to continue building on their existing skills, others returning to Australia will be looking for a change in direction.

“We have lawyers at all levels wanting to return from overseas, either because they are keen to return to what they feel is a more stable market or because they have family and friends,” she said.

And with more and more global firms setting up shop in Australia, there is more on offer for Australian lawyers considering their return from overseas.

“The quality of work available to lawyers in global firms can be very attractive to returnee lawyers, especially with cross-jurisdictional and international matters,” said McLean.

“With a strong economy due to the resources boom and in the face of European and US economic uncertainties, law firms in Australia – whether they be global or not – are well placed to offer their lawyers continuity and a level of work that may not be available to lawyers working in Europe, the UK or the US.”

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11th Annual Contract Law Masterclass – VICReinforcing contract performance and success18-19 October 2011, Stamford Plaza Melbourne

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folklawR 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

While david Jones might not be re-hiring Kristy Fraser-Kirk any time soon, a UK lawyer has managed to secure a job at a firm which she spent more than a year suing, proving that a good old law suit won’t stand in the way of a candidate’s success.

as RollonFriday reports, emma nutbeen was a legal services director at halliwells when it went

a UK lawyer has been caught smuggling skunk cannabis, ‘meow meow’ and electronic goods into jail in his oversized shoes.

in an embarrassing ambush involving a surprise sniffer dog operation, lawyer Ritesh Brahmnhatt was caught out smuggling the skunk and meow meow (a stimulant also known as mephedrone) at london’s Pentonville jail.

according to Whatsonxiamen.com, Brahmnhatt had been making a habit of sneaking items into the cells. it wasn’t until a prison officer noticed his suspiciously high number of “legal” visits that a surprise sniffer dog operation was planned.

When the sniffer dog discovered Brahmnhatt’s shoe stash, the crooked lawyer from ilford asked to be taken behind closed doors so that his colleagues could not see the contents of his stockpile and reluctantly slipped off his shoes - which were three sizes too big.

Brahmnhatt had planned to offload the supply to inmate david

sterling who was conveniently wearing a full-length Muslim robe.

the 31-year-old, who worked for holloway law firm Mordi & Co, was not surprisingly found to have “abused his position of trust” as a lawyer allowed into prison for legal visits.

over a six-month period in 2009, Brahmnhatt worked “on the outside”, slyly trafficking contraband under foot with up to four accomplices, including sterling.

the four accomplices denied charges of conspiracy to convey articles into prison and were all convicted.

Brahmnhatt and his partners in crime are all awaiting sentencing.

Folklaw wonders how the prison officers didn’t notice big-foot Brahmnhatt earlier, with what would presumably have been quite an odd stride given he was wearing shoes large enough to accommodate three-inch packages containing drugs, electronic scales, mobile phones, earphones and accessories.

Big foot lawyer caught with ‘meow meow’

Imposter lawyer arrested...agaInafter an attempt to relive his glory days as a lawful lawyer, a 65-year-old Rhode island man is once again behind bars.

Banished from practising law in 2001, and currently facing federal fraud charges, James levitt of Pawtucket has now been arrested for impersonating a lawyer.

Folklaw learned from chron.com that levitt allegedly broke his parole to claim he was a local company’s in-house lawyer and was available to provide legal advice, despite having lost his law license and never having applied for reinstatement.

levitt has prior form, having been in trouble for an alleged mortgage fraud scheme and still owes hundreds of thousands of dollars in compensation in a criminal case for which he received five years to serve - later reduced to three years - for misappropriating $400,000 from clients.

With the department of Corrections on Rhode island indicating that levitt would be held without bail, it seems he may need to conjure up some real legal advice.

into administration in 2010. the UK law firm Gately then hired a team from the defunct halliwells, but left out nutbeen who then launched a claim for unfair dismissal.

as the case went on, nutbeen reportedly landed a role in the Manchester office of heatons, before moving to Berg legal just a week ago, as the firm’s head of iP.

But in late september nutbeen’s case against Gately settled out of court and as part of that deal, nutbeen has been offered a job at the firm - and yep, she accepted - leaving Berg legal in the lurch.

a spokesperson for Berg legal said, through a stiff upper lip that, “we wish her well in the future”, while a Gately spokesperson said nutbeen’s appointment “was an extremely positive outcome for everyone concerned”.

no-one likes to be the newbie in the office but Folklaw has to laugh at how ridiculously awkward nutbeen’s first day will be.

at least she will be familiar with members of the firm’s litigation team when making those first day introductions...

26 l aw y e r s w e e k ly 7 O c t O b e r 2 011 www.lawyersweekly.com.au

lawyer sues firm and gets hired Caption

no room for socks in your shoes when you are smuggling meow meow

nutbeen had to build a bridge and get over it when she joined the

firm she once sued

Folklaw wonders if

lawyer impersonator James levitt

will sing jailhouse rock in

the big house?

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For more information please visit www.allenovery.com/careers and search for the relevant reference number

© Allen & Overy LLP 2011 www.allenovery.com

It’s time for a change.LONDON (Ref: UK1292)

Transactional Finance AssociateWe are looking for mid level to senior experienced transactional lawyers who are keen to expand and complement existing skills and experience for our finance practice. We welcome applications from those currently based within Corporate, General Finance, Structured/Project Finance or Real Estate practices. Previous finance experience although desirable is not a prerequisite.

AMSTERDAM (Ref: WE0529)

Junior ICM Derivatives AssociateWe are looking for English law qualified lawyers for our ICM Derivatives group. Speciality: derivatives, structured finance or a general finance background with an interest in developing knowledge in the area of derivatives and structured finance. At least 2 years PQE. The ICM derivatives team has a growing client portfolio and undertakes a broad range of work within the market.

HONG KONG (Ref: AS0226)

General Securities AssociateThe International Capital Markets group in Hong Kong is seeking a mid-level associate with up to 5 years post qualification experience to join the International Capital Markets practice. The ideal candidate should have general securities experience including exposure in areas of debt capital markets and equity capital markets and drafting disclosures.

HONG KONG (Ref: AS0287)

Derivatives & Structured Finance AssociateThe International Capital Markets group in Hong Kong is seeking a mid-senior level associate to join the Derivatives and Structured Finance practice. Mandarin or Korean language skills are advantageous but not essential.

SYDNEY (Ref: AS0332)

Senior AssociateWe are continuing to see major opportunities for high-end finance work in the private and public sectors. Our practice is growing and we are looking for a top-tier, experienced Senior Associate to join the International Capital Markets/Securitisation team.

BEijiNG & SiNGApORE

Corporate AssociatesWe seek mid- to senior-level associates who are fluent Mandarin and English speakers with qualifications from top universities, excellent academics, and experience at top tier firms. Previous experience with China-related matters is a must; added experience with M&A (outbound / inbound), private equity, real estate and RMB fund work a plus. We have three vacant roles: one M&A lawyer (BJ) and two M&A/PE lawyers (SH). Send cover letter and CV to: [email protected]

BEijiNG & SiNGApORE

Banking AssociatesWe seek mid-level associates with common law backgrounds who are fluent in Mandarin and English. Candidates must have qualifications from top universities, excellent academics, and experience at top tier firms. Work on China-related matters is a must. We have three vacant roles: one PF/finance lawyer (BJ) and two mainstream banking lawyers (BJ and SH). Send cover letter and CV to:

[email protected]

SiNGApORE

Intelltual Property AssociateWe seek a mid-level associate with a scientific background and at least three years of core PRC IP experience in top tier firms. Fluency in Mandarin and English are a must. Candidates must also have qualifications from top universities and excellent academics. In addition, interested applicants must have passed the Chinese bar and Chinese patent bar. Send cover letter and CV to:

[email protected]

CS1108062_FullPage.indd 1 21/9/11 17:25:45

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Andrew MurdochIn-House Sydney

THE SR GROUP . BREWER MORRIS . CARTER MURRAY . FRAZER JONES . PARKER WELLS . SR SEARCH . TAYLOR ROOT LONDON . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE

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

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

Please note our advertisements use PQE 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.

taylorroot.com.au

International

Technology & Teleco Associate MelbourneBroad role, including IT outsourcing and offshoring, teleco procurement, electronic commerce, media, privacy and cross-border data transfer. Intention to promote to senior associate within 12 months. Consistently rated one of the best teams in Australia and above market remuneration. Ref: 644635. 3-5+ years

Commercial Litigation MelbourneIf you have first-rate experience in a well regarded practice in general commercial litigation, then this firm and opportunity will be of interest. Offering a broad variety of matters, high level business development opportunities and excellent remuneration. A rare role. Ref: 644629. 5+ years

Technology MelbourneBlue-chip organisation is seeking a commercial lawyer with 4 years’ post-qualified experience in IT law or a mix with general commercial/contract law and significant experience in drafting and negotiating IT contracts. You must be proactive and driven. Ref: 644639. 4+ years

Banking/Financial Markets SydneySuperb financial markets in-house opportunity with a global financial institution. You will support the business on a range of derivatives, structured products and equities, as well as DCM and corporate lending transactions. A financial markets or debt finance background required. Ref: 644229. 4-8+ years

Insurance Sydney Based in Sydney, this leading construction and infrastructure organisation is seeking an experienced front-end insurance lawyer to join its established legal team. Experience in reviewing insurance policies is required. Get in touch for more information on this role. Ref: 644605. 5-8+ years

Corporate PerthVarious leading law firms are on the hunt for experienced corporate lawyers across M&A, private equity and ECM. Exposure to superb work and the opportunity to progress your career quickly. We have clients interviewing now, relocation from the east coast paid. Ref: 642781. 2+ years

Litigation BrisbaneAn excellent opportunity exists for you to join this all star team. This thriving practice is looking for someone to work across the full gamut of commercial disputes. Excellent salary package and long-term prospects on offer. Our client is interviewing now. Apply in confidence. Ref: 644592. 5+ years

Corporate – Private Equity SydneyIt seems corporate has slowed down recently but this top-tier firm has an active brief in its corporate practice. This is a fantastic opportunity for a lawyer to join this leading private equity practice. The role offers genuine career progression and an above market salary. Ref: 643573. 5+ years

Insurance SydneyWell regarded boutique firm in Sydney is looking for an insurance lawyer to join the team. Working directly with a well respected partner, you will be working on a variety of matters including public liability and professional indemnity. Good culture and good work/life balance. Ref: 644633. 1-2+ years

Power Projects Dubai We are working with one of the world’s premier multi-national projects companies in the expansion of their Middle East operations. They specifically require a very high quality project finance lawyer who has experience in handling power projects. Great quality work. Ref: MA23843. 3-6+ years

Commercial/Oil & Gas Muscat, OmanThis international E&P company is now looking to recruit a mid-level oil & gas lawyer with a commercial/operational background to join its team in Oman. Must be confident operating independently on a varied workload. An excellent, tax free package is on offer. Ref: 25163GP. 4-7+ years

Corporate DubaiThis is one of the leading firms in the Middle East and with a significant pick up in corporate instructions over the last 6 months, it is now looking for an additional junior to join its team. A wide variety of corporate and occasionally commercial, work is on offer. Ref: 23973. 1-4+ years

Corporate MoscowThis Magic Circle firm in Moscow is looking for a common law qualified corporate associate, to come on board. A truly leading M&A and PE practice will be looking for that experience in the candidate. Russian skills not essential, great package inc. housing, at 13% tax. Ref: 781930. 2-6+ years

Corporate GuernseyLeading offshore firm offering the opportunity for top-tier corporate lawyers to join its office in Guernsey. Chance to get great quality experience, working on high value transactions. Great work/life balance, City salary and a 20% tax rate. Worth looking into. Ref: 792210. 2-7+ years

Associate LondonThis Magic Circle firm has opportunities for finance and project finance lawyers to join its busy team. Training and support is as good as it gets and its remuneration/relocation packages are top of the market. 2 years of post qualification experience are required from a top 10 firm. Ref: 754370. 2+ years

Restructuring Hong Kong Leading offshore law firm with a regional coverage seeks a mid-level Australian qualified associate. You will ideally have experience in both contentious and non-contentious insolvency matters. No Chinese language skills are required. Magic Circle level rates. Ref: 168100. 3+ years

Finance SingaporeThis Australian firm is seeking a 4-5+ years’ qualified lawyer with finance experience. Projects and structured finance experience would be an advantage. Ideally you will be a dual qualified UK/Australian and have worked in both jurisdictions. Tax at 15%. Ref: 131801. 4-5+ years

Corporate Energy SingaporeYour focus will be on Indonesia related corporate (M&A and capital markets) and energy (mining, oil & gas) matters. You will work with a strong client base including many of the firm’s regional and multi-national clients. Associate or senior associate level with tax at 15%. Ref: 101501. 3-5+ years

Australia

A D _ L WT A Y O C T 7 _ 1 1 . p d f P a g e 1 2 9 / 0 9 / 1 1 , 1 0 : 2 1 A M

Lawyers Weekly, October 7, 2011

Documents

regulatory matters

ip litigation

hard work

years senior lawyer

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