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1 Page Issue 14, June 2008 Fundraising walk HPLC news

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1  Page Issue 14, June 2008 Fundraising walk HPLC news Powered By Docstoc
					Issue 14, June 2008

 Contents
 Law walk                                                                                1
 HPLC news                                                                               1
 Self-Representation Civil Law Service                                                   2
 Refugee civil law service                                                               2
 Training and research news                                                              3
 Referrals                                                                               3
 Student and volunteer programs                                                          4
 Secondments                                                                             5
 Subscription                                                                            5


               Fundraising walk
             QPILCH held the inaugural Law
             Walk on Monday 19 May. The walk
was a fundraising event for the QPILCH
Disbursement Fund, which directly assists
QPILCH applicants and clients by providing
for outlays and discrete services.
         There was a fabulous response in
Brisbane, with over 300 walkers led by Chief
Justice de Jersey and accompanied by the
Attorney-General Kerry Shine. We walked off
to the chiming of the 7am City Hall clock, and      Participants enjoy breakfast after the
most walkers were at the City Gardens Café          morning walk
by 8.30am to enjoy a breakfast courtesy of
the QLS and the Bar Association.
         Sponsorship monies are still coming        HPLC news
in, but it looks likely that the event will raise   Casework
more than $10,000.                                  The HPLC recently opened its 1400th file
         This event has been part of the            since its inception in December 2002. The
London legal calendar for four years and on         HPLC clinics continue to see a steady flow of
the same day this year there were 3500              clients, and now with regional clinics in both
walkers in London who raised £310,000. The          Toowoomba and Townsville, 2008 is proving
Brisbane walk also coincided with events            to be a busy year.
held by sister PILCH organisations in NSW           HPLC projects
and Victoria and by the SA Law Society                       The Homeless Court Connect Client
which is hoping to set up a PILCH in                Reference Group project is nearing
Adelaide.                                           completion. The HPLC has contributed to this
         We thank the Chief Justice, other          project through delivery of public speaking
members of the judiciary, parliamentarians,         workshops, legal ‘toolbox talks’ and yet to be
QPILCH members and the many others who              delivered skills-based training such as
supported this event through participation          resume writing and interview techniques.
and sponsorship, and look forward to doing it       Reform
all again next year.                                         HPLC Coordinator, Andrea de Smidt,
                                                    attended a ‘Green Paper Roundtable’ in
                                                    Sydney on 28 March to consider issues
                                                    which will feed into the Federal Government’s
                                                    Green Paper on Homelessness. The Green
                                                    paper was released at the Homelessness
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Conference in Adelaide on 22 May, which           barristers willing to take part as volunteers in
Andrea and HPLC Policy Officer, Sue Garlick       the CA SRCLS during work hours. Under the
attended. The Green Paper highlights the          Legal Profession Act 2007 (Qld), retired
HPLCs (in Qld, NSW, VIC and SA) as an             solicitors can now apply for a volunteer
innovative response to homelessness. We           practising certificate at no cost so long as
are currently preparing a submission to the       they work through a community legal centre
Green Paper focussing on best practice in         such as QPILCH.
early intervention, the negative impact of                 The first case was successfully
Queensland public space laws and the              undertaken by retired solicitor Lex
importance of funding specialist networked        MacGillivray and practising barrister Gary
services.                                         Coveney in February.
                                                           If you are interested in being involved,
Refugee Civil Law Service                         please contact Tony Woodyatt, QPILCH
        The Refugee Civil Law Clinic is           Coordinator, on 30129775 or
continuing to see a steady number of clients      contact@qpilch.org.au.
each fortnight. Lawyers from Corrs Chambers       Law week
Westgarth are doing a fantastic job providing              The Self-Representation Civil Law
a consistently high standard of support,          Service (SRCLS) participated in this year’s
advice and overall service to all clients who     Law Week by presenting two seminars on
attend.                                           self-representation. Approximately 50
        It is intended that the RCLC will begin   members of the public attended the seminars
to expand its services beyond client              on Saturday 10 May 2008 as part of the Law
casework to incorporate educational training      Week Open Day events at the Brisbane Law
and workshops for clients and relevant reform     Courts Complex.
work along similar lines to the HPLC. We look     New name
forward to providing details of this work in               We would like a punchier name for
due course.                                       the Self-Representation Civil Law Service. A
                                                  bottle of 1990 Baileys Hermitage for the
                                                  person who comes up with the name we use.
Self-Representation Civil Law                     Any suggestions to contact@qpilch.org.au.
Service                                           [LIPService has already been suggested].
        QPILCH’s self-representation civil law    Staff news
services, funded by the Department of                      Erin Thomas, the first coordinator of
Justice, have now assisted almost 80 litigants    the SRCLS, is leaving QPILCH from late
in person since commencing in January this        June. The establishment of the SRCLS’s
year. This level of assistance is made            systems, policies and procedures are due to
possible by the generous contribution of 130      her dedication and hard work. We thank Erin
lawyers from 12 QPILCH member law firms           for her great contribution and wish her well in
and 18 QPILCH member barristers. We will          her new ventures.
be holding a feedback session in July to learn             We welcome the new coordinator,
from the experience of our volunteers.            Jude Douglas. Jude comes to QPILCH from
                                                  Carter Newell, and we look forward to
Reference Group                                   working with her in further developing the
         The SRCLS reference group chaired        SRCLS.
by The Honourable Martin Moynihan AO QC
has met twice in the last five months. At the     Training
instigation of the Reference Group we have                Funded by the Law Foundation
obtained the opinion of Bernard Porter of         Queensland, our training program has been
Counsel in drafting the policies and materials    significantly expanded over the last year. We
used by the service. We thank Mr Porter for       thank the LFQ for its support.
his assistance.                                   RCLC and HPLC training
Call for volunteers                                       Recent CLEs conducted for the HPLC
         The Court of Appeal Self-                and RCLC are as follows:
Representation Civil Law Service (CA              1. Resolving Uninsured Third Party Debt &
SRCLS) is seeking the assistance of retired           Negotiating with Insurers – presented by
solicitors and barristers, and practising             Denis Nelthorpe, independent consumer

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    representative of the General Insurance        Geraldine Dann. We thank Freehills for their
    Code of Practice Compliance Committee,         assistance.
    hosted by Clayton Utz;                                 A joint QPILCH/Bar Association
2. SPER: payment options for vulnerable            seminar on the “Adult Guardian” was held on
    and disadvantaged clients – presented by       11 June at the Bar Common Room.
    Rochelle Blanch, SPER Community                NFP seminar series
    Liaison Officer, hosted by MurphySchmidt               Since our last newsletter, two
    Lawyers;                                       seminars in the series “How healthy is your
3. Consumer Law Issues: helping clients            organisation? A legal service for Not-for-Profit
    keep their head above water - presented        organisations” have been held. Participants
    by Catherine Uhr, Lawyer, Consumer             from a range of organisations attended the
    Protection Unit, LAQ and QPILCH’s              seminar on “Employment Law” hosted by
    CLAC, hosted by DLA Phillips Fox.              Macrossans Lawyers in early April. We thank
SRCLS training for staff & volunteers              Rachel Drew of Macrossans, Paul Hardman
        Seminars one and two of the SRCLS’         of Holding Redlich and barrister Dr Max Spry.
four part civil litigation drafting series have            On June 4, Belinda Morandini of
provided valuable training to QPILCH staff         Blake Dawson Lawyers provided an excellent
and volunteers.                                    presentation on “Discrimination Law”. We
        On 14 April 2008, Gary Coveney of          thank Belinda for this fine presentation.
Counsel presented a seminar on Drafting                    We are grateful to Heather Watson of
Applications and Supporting Affidavits. Paul       McCullough Robertson Lawyers for
Freeburn SC presented a seminar on                 presenting and Cairns Community Legal
Drafting Pleadings on 12 May 2008. Both            Centre for organising a seminar on
seminars were kindly hosted by Deacons and         “Corporate Governance” in Cairns on 15
were attended by over 100 QPILCH                   May. Participants from local law firms and
volunteers. Attendees commented that the           community organisations attended. Dr Max
training is very valuable because it assists       Spry is also presenting on employment law in
them to develop the skills that they require       Cairns on 24 June 2008.
both as commercial litigators and as QPILCH                Through these seminars, legal
volunteers.                                        information is delivered to resource-poor
        The next training on drafting affidavits   organisations so that they may continue their
(Michael Hodge) and notices of appeal              valuable work for the community.
(Damien O’Brien) will be held on 16 June and               Details of seminars planned for the
28 July respectively.                              remainder of the year can be found on our
Professional Training                              website at www.qpilch.org.au/Training.
         On Thursday 22 May a seminar on           Andrea Perry-Petersen –
the “Children Services Tribunal” was held in       training@qpilch.org.au.
conjunction with the Bar Association of
Queensland. Expert presenters included             Referrals
Julie Ford, President and Patricia Hanly,                  QPILCH and barrister Vince Brennan
Deputy President of the Children Services          successfully settled a matter where the
Tribunal; Bernadette Smith from the                applicants were being pursued for solicitor’s
Department of Community Services;                  fees.
Catherine Moynihan and Ross Beer from                      Nathan Lawyers assisted an
Legal Aid; and Damian Bartholomew from the         applicant with a disability in securing a car
Youth Advocacy Centre. Over 70 people              park in her Department of Housing unit block.
attended including a number of barristers,                 McCullough Robertson and barrister
solicitors from community legal centres and        Dr Max Spry advised a client in relation to
private practice and advocates from the            her bankruptcy.
community sector. We thank the presenters,                 Minter Ellison provided advice on
Mark Plunkett for chairing and the Bar             criminal liability, police powers and record-
Association for its support.                       keeping issues which may affect a homeless
         QPILCH also organised training for        shelter.
Legal Aid Queensland’s civil law team on                   We thank all our members for their
employment law by Freehills solicitor              continued acceptance of referrals.
Amanda Cockrane and special counsel

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Student and volunteer programs                     and evaluation techniques. Some of the
UQ Vice Chancellor’s Award                         students who participate in the PIRC may
        UQ’s student clinic program, operated      become future knowledge managers in
in conjunction with QPILCH and LAQ, was            member law firms.
awarded the Vice-Chancellor's Equity and                    From second semester 2008, this
Diversity Award at the University of               clinic will be funded by the University of
Queensland. The prize recognises staff,            Queensland.
students and graduates who are pursuing            Andrea Petersen – training@qpilch.org.au.
inclusive initiatives which benefit others.        Consumer Law Advice Clinic
        Four clinics are run from UQ by law                 The Consumer Law Advice Clinic has
lecturers Paul O'Shea and Dr Tamara Walsh.         been operating each semester since 2004. It
Three are run in partnership with QPILCH –         was started with the assistance of QPILCH
the Consumer Law Advice Clinic, the                foundation member Clayton Utz which
Homeless Persons’ Student Legal Clinic and         seconded a senior solicitor for three days per
the Public Interest Research Clinic. A fourth      week to establish and run the service. UQ
operates with LAQ’s Brief Services Unit. The       now funds the service for one day per week.
course, LAWS 5180, allows undergraduate                     Several systemic issues of concern
students to better understand how the legal        arose from the CLAC in the last semester. In
system affects disadvantaged people by             one case, a small lender used high cost,
working directly with clients of the clinics and   incomprehensible promissory notes with
by undertaking research. Importantly, the          business purpose declarations in an attempt
clinics also provide legal services that would     to avoid protection under the Consumer
otherwise not occur.                               Credit Code. In a second, training
HPLC student clinic                                organisations offered courses that are
        The HPLC student clinic operates one       expensive, not accredited and appear
semester per year. The students in this clinic     unlikely to improve the consumer’s prospects
work at QPILCH and with member firms to            of employment in an environment where
support volunteer staff providing advice and       there is little regulatory consumer protection
assistance to homeless people at eight             or recourse to affordable dispute resolution.
welfare agencies in Brisbane.                               We thank the students involved this
        The 2008 HPLC UQ clinical subject          semester and for the support of Randal
ended in May. Six UQ Law School students           Dennings and staff from Clayton Utz who
spent time at HPLC clinics and QPILCH              provided a venue and leadership for the
assisting volunteer lawyers with casework          clinic’s training on its commencement.
and contributed to the production of a             Catherine Uhr – consumer@qpilch.org.au
QPILCH ‘fact sheet’ kit for HPLC volunteer         Griffith University student clinic
lawyers and clients. Students reported back                 QPILCH’s oldest clinic, Public Interest
positively on their experience with the HPLC.      Lawyering, has been operating since
Andrea se Smidt – hplc@qpilch.org.au.              semester 2, 2002. Six senior Griffith
                                                   University students worked very well this
                                                   semester assisting with general casework
Public Interest Research Clinic                    referrals and also produced fact sheets about
         Established in semester two 2007          time limitations in civil litigation (to be
with financial support from the Law                published soon). The students also
Foundation-Queensland, the second Public           participated wholeheartedly in discussions
Interest Research Clinic concluded in early        with guest speakers and in seminars about
May. Six UQ students worked in two teams           public interest lawyering topics.
of three to prepare materials relating to the      Cristy Dieckmann – services@qpilch.org.au.
Children Services Tribunal and Guardianship        Administrative law clinic
and Administration Tribunal. The students                   The Bond administrative law clinic
visited the Tribunals, spoke with the              second semester 2008 has just commenced
Registrars and observed hearings.                  under the supervision of Bond academic
         This unique student clinic gives law      Jackson Walkden-Brown. We hope this
students an insight into non-traditional legal     semester to develop a dedicated
studies such as knowledge management,              administrative law section on the QPILCH
socio-legal research, plain English writing

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website, incorporating useful resources for
the profession.                                              Secondments
Students and volunteers                                             Free legal services are under
        We would like to thank the students                  increasing funding pressure, so secondments
who volunteered at QPILCH this semester.                     from private firms are becoming increasingly
Thanks go to Jess Larsen, Jee Hamlyn-                        important and of great benefit to the
Harris, Hope Henderson, Sean Houston and                     community. If your firm would be interested in
Eddie Wood. These students have been                         making such a commitment to QPILCH or
invaluable in assisting us with assessing                    another CLC, please contact Tony Woodyatt
applications, legal research and were also                   on 3012 9775 or contact@qpilch.org.au.
very accommodating when we asked for a lot
of assistance with organising the inaugural
Law Walk for Justice.                                        Subscription and Feedback
        Applications for volunteers in                               To subscribe (free) or unsubscribe to
Semester 2 have now closed, and we will be                   “In the Public Interest”, the newsletter of the
advising successful applicants shortly.                      Queensland Public Interest Law Clearing
Contact Cristy Dieckmann –                                   House Incorporated or for more information
services@qpilch.org.au.                                      about any item in this newsletter, please send
                                                             an e-mail to contact@qpilch.org.au or contact
                                                             us by phone or fax (see below).

What is QPILCH?
         The Queensland Public Interest Law Clearing House Incorporated (QPILCH) is an initiative of the
legal profession to assist people who cannot obtain legal aid or afford private legal services in civil law public
interest cases. QPILCH draws on the resources of the wider legal profession - private firms, barristers,
government, corporate lawyers, university law schools and works with other community based agencies to
assist those who are the most disadvantaged and marginalised. For details of our referral and direct
services, criteria and procedures, see the QPILCH website at www.qpilch.org.au.



Membership
Firms Allens Arthur Robinson, Blake Dawson, Brian Bartley and Associates, Carter Capner, Clayton Utz,
Corrs Chambers Westgarth, Deacons, DLA Phillips Fox, Ebsworth & Ebsworth, 4 Change Lawyers, Freehills,
Holding Redlich, Hunt & Hunt, Macrossans Lawyers, Mallesons Stephen Jaques, McCullough Robertson,
McInnes Wilson, McPhee Lawyers, Miller Harris (Cairns), Minter Ellison, MurphySchmidt, Nathan Lawyers,
Piper Alderman, Quinn and Scattini, Shine Lawyers, Smith & Stanton, Sparke Helmore, TressCox Lawyers,
Walkers Solicitors (Toowoomba) Barristers Nicholas Andreatidis, Franc Asis, Michael Ballans, Ken Barlow,
John Bond SC, Jacoba Brasch, Judy Brien, Alexandra Brook, Sue Brown, Anna Cappellano, Gary Coveney,
Jarrod Cowley-Grimmond, Christopher Crawford, Quentin Cregan, Jean Dalton SC, Dr Gillian Dempsey,
Cameron Dick, Tracy Fantin (Cairns), Dr Kim Forrester, Joshua Hanna, Keith Howe, George Kalimnios,
David Keane, Stephen Keim SC, Liam Kelly, Nitra Kidson, Carla Klease, Michael Labone, Peter Lyons QC,
Scott McConnel, James McNab, Ross Mack, Nicole Martin, Damien O’Brien, TP O’Brien, Dan O’Gorman,
Rebecca Pearson, Darryl Rangiah, Guy Sara, Hugh Scott-Mackenzie, Sarah Scott-Mackenzie, Dr Max Spry,
David Thomae, Roger Traves SC, Terrence Walsh, Karen Williams, Michael Wilson, Julene Winn Specified
members Bar Association of Queensland Inc, Legal Aid Queensland, Queensland Association of
Independent Legal Services Inc, Queensland Law Society Incorporated Associate members BDO Kendalls,
Chartered Accountants, Bond University Law School, Griffith University Law School, Queensland University
of Technology Law School, TC Beirne School of Law (UQ) Government legal unit members Australian
Competition and Consumer Commission Corporate legal unit members




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Description: 1 Page Issue 14, June 2008 Fundraising walk HPLC news