PILCH Newsletter Aug08.indd by hjkuiw354


									August 2008                                    Bridging The Justice Gap

Maddocks Defends                         Angela Bowne SC of Frederick
                                         Jordan Chambers has also been
Eminent Scientist in                     engaged on a pro bono basis to
                                         assist Professor James.
Patents Dispute
                                         Future PILCH NSW Newsletters will
In April PILCH was contacted by
                                         provide updates as the case moves
Professor Veronica James OAM with
a request for assistance. Professor
James had been issued with a
summons to attend the Supreme
Court of NSW and a notice to
                                         Public Sculpture
produce volumes of material by           restored with help from
a large pharmaceutical company.
The pharmaceutical company               Banki Haddock Fiora
had commenced proceedings
against Professor James for patent       PILCH was contacted by well known
infringement.                            sculptor and artist, Victor Cusack at
                                         the suggestion of Arts Law Australia,
Professor James is a 74-year-old         who had given him a legal opinion
retired scientist who devoted much       in relation to the protracted non-
of her academic and professional         repair of a damaged artwork he had
life to cancer research and she          been commissioned to design and
continues to carry out unpaid work       construct for the Hornsby Shire
in the field. She has also established    Council
a program for deaf students at
Australian universities.                 The sculpture, named “Man, Time
                                         and the Environment” (below), is a
The request for assistance met           water-driven bronze moble, standing
PILCH’s public interest criteria in a    at eight metres tall. The sculpture,
number of ways. Professor James          with its many images of local fauna,
is an elderly widow with a disabled      contains three clocks of different
dependent son. She was ineligible        design, each consisting of many
for Legal Aid and could not afford       moving parts.
the requisite legal services for such
                                         For ten years the sculpture was a
                                                                                   In This Issue
potentially large-scale litigation.
Further, the claim had exceptional       town centrepiece. However, Hornsby
merit and involved a dispute about       Shire Council granted permission to
                                         Westfield to remove the sculpture             Feature Matters
early detection of cancer, an issue of
broad public concern.                    whilst it built an extension to a              Note from the
                                         shopping centre. Permission was
                                         given on the condition that the piece     Executive Director
PILCH referred the matter
to Maddocks who were very                be restored in the same position and                  Events
enthusiastic to assist. Jane Owen, a     in full working order following the
                                         completion of construction works.         Update on Projects
partner with significant experience
in patent litigation, is preparing a                                             Overview of Referrals
response to the company’s claim          Westfield followed through with
                                         the restoration. However it seemed             Members List
and has gone on the front foot
seeking leave to strike out part of      that the sculpture was damaged
the claim.                               as it did not function once restored
                                         to its original place. A dispute
Bridging The Justice Gap

arose between Westfield, Hornsby
Shire Council and the artist over
                                           Holding Redlich                          Note from the Director
responsibility for the damage. As a        act against sexual                       Welcome to the new and improved
result, the sculpture was in a state                                                PILCH Newsletter! I hope that
of disrepair for over 4 years. Mr          harassment in the                        readers enjoy the new format. Your
Cusack sought to have the sculpture                                                 feedback is certainly invited.
restored. The sculpture being in           workplace
public view whilst in a state of           A client contacted PILCH NSW             It has been a very busy time for us
disrepair was not only damaging to         seeking help about sexual                at PILCH NSW. From 1 January to
the artist’s reputation but, of especial   harassment she allegedly suffered in     30 June 2008, our contacts from
concern to Mr Cusack, it was also          the workplace. She had worked for        the public were the highest ever
an injustice to the community              a large multinational company for a      recorded in a 6-month period,
to have public artwork defiled              number of years via a recruitment        reaching levels of a 12- month
and subsequently ignored by the            agency.                                  period! This, of course, means more
offending party.                                                                    referral activity with more pro bono
                                           The alleged harassment by a senior       referrals being made than ever
                                           worker at the multinational company      before. Overall PILCH made over
                                           took various forms, including            100 referrals and received over 350
                                           unwanted and lewd sexual remarks,        requests for help. It may also be of
                                           rumours defaming character spread        interest to members that our biggest
                                           amongst other staff, and, when           sources of referral are now Law
                                           advances were rejected, further and      Access NSW and Community Legal
                                           more offensive sexual remarks being      Centres.
                                                                                    Recent changes at PILCH NSW
                                           After raising concerns with her          have certainly contributed to the
                                           supervisor, the client claimed she       increased activity of our referral
                                           was allocated fewer hours work.          service. For example, the elimination
                                           Further, the alleged perpetrator         of an application form has been well
                                           was allowed to stay in contact with      received by both clients and referral
                                           the claimant. Later, when the client     sources and has also streamlined
                                           approached the human resource            our processes. We have increased
                                           department of the recruitment            our oversight of referrals, seeking
                                           company, she eventually found            feedback from members on the value
                                           herself out of work altogether.          of their pro bono work and outcomes
                                                                                    achieved. These initiatives have also
                                           A solicitor at Holding Redlich is        been well received and will enable
PILCH NSW arranged a referral for          assisting the client with the claim      PILCH NSW to promote the work of
pro bono help to Banki Haddock             to the Human Rights and Equal            members more effectively.
Fiora who negotiated with Council          Opportunity Commission (HREOC).
who agreed to pay for the repairs.         Under the Sex Discrimination             Staff numbers have been bolstered
The Council is now negotiating with        Act 1984, individuals can lodge          in four ways. The move from one
Westfiled to recoup the costs. The          complaints of sex discrimination and     secondee solicitor to two has
sculpture is now repaired and again        sexual harassment with HREOC.            proved very successful along with
operating.                                                                          the commencement of a formal
                                           This matter is in the public interest    volunteer program for seven law
This matter was in the public interest     because sexual harassment in the         students. An events coordinator
as it affected the interests of a whole    workplace is discriminatory and          has also come on board, a pro bono
community and raised issues about          a breach of human rights. Sexual         solicitor/coordinator will commence
the ability to access and enjoy art        harassment disproportionately            shortly and of course the is the first
in public spaces. Furthermore, it          affects women and can have               time PILCH NSW has had a full-time
involved allegations that a large          devastating psychological and            dedicated Executive Director. I am
corporation failed to fulfil its            financial effects. Further, as a casual   confident that the increase in staff
undertaking to the community.              employee, the client was extremely       numbers will produce a significant
                                           vulnerable.                              return to members and benefit to
                                                                                    the community. We are currently

                                                                                         Bridging The Justice Gap

seeking a new secondee solicitor          PILCH NSW logo, which you see            Before a not-for-profit organisation is
to commence in early August.              at on the top of the front page of       referred by PILCH :
Please contact me to discuss this         this newsletter. Their work was          • it must provide services that are
opportunity.                              generously provided pro bono.                in the public interest; and
                                                                                   • have limited resources to provide
I am taking the opportunity as the        A number of public events are                those services.
new Executive Director to review          planned for the second half of 2008
all of our work and projects. I am        which we hope members and other
considering options for how to more       interested professionals will take       Public Interest Projects
effectively link the brilliant pro bono   pleasure in attending. Several movie
work of members on individual             nights, forums and seminars are in       Stolen Wages
matters to systemic change.               the planning. The Chef’s Challenge in
                                                                                   The Stolen Wages Project is a joint
                                          Anti-Poverty Week will be one to get
The issue of making pro bono                                                       initiative of PILCH and the Public
                                          in on for certain!
work a mandatory requirement                                                       Interest Advocacy Centre (PIAC).
in Government tender processes                                                     The project is supported by the
                                          Best wishes on all your social justice
                                                                                   Indigenous Justice Solicitor at PIAC
is also an one that PILCH NSW             efforts and thank you for your
                                                                                   who is funded by PILCH member
is considering. I recognise that          support of public interest law work.
                                                                                   Allens Arthur Robinson.
members have diverse and closely
held views on this matter. Even if                              Amy Kilpatrick
                                                                                   For most of the twentieth century,
Governments do not go down the                               Executive Director
                                                                                   Aboriginal children in NSW came
mandatory path, there will likely
                                                                                   under the control of the Aborigine
be changes and pressures on pro
bono practices to look a particular       PILCH Referral                           Protection Board/Aboriginal Welfare
                                                                                   Board. Many were part of the
way. A Member’s forum is being
organised to discuss these matters        Criteria                                 Stolen Generations. The Board
                                                                                   placed the children in employment
in late August. Date and venue will
                                          PILCH NSW assists individuals and        and managed wages earned by
be advised.
                                          not-for-profit organisations. We          retaining the funds in a statutory
                                          assess requests for pro bono referal     trust fund. The trust fund faced a
PILCH NSW and its members are
                                          based upon merit and public interst      number of challenges including poor
well placed to assist the integral work
                                          criteria.                                administration, internal fraud and
of Community Legal Centres (CLC)
in a number of ways. This includes                                                 poor record keeping.
                                          PILCH focuses on human
opening up training sessions for
                                          rights, abuse of power by the            In many instances, wages were
CLC lawyers and locum support for
                                          State, protecting marginalised,          not paid ever or properly. Further,
regional and remote services. I am
                                          disadvantaged and vulnerable             when the trust fund came to an
working with the CLC peak bodies
                                          people and helping to create just and    end in 1969, monies outstanding
to formalise opportunities. I am also
                                          fair communities.                        were not distributed. A repayment
working with other pro bono referral
agencies in NSW to better coordinate                                               scheme (Aboriginal Trust Fund
                                          Before an individual is referred by      Repayment Scheme) was set up by
our efforts to service unmet legal
                                          PILCH:                                   the NSW Government in the wake of
need in the community.
                                          • she/he must demonstrate that           community pressure to adress this
                                             they are unable or, to the            injustice.
Be on the lookout for our new
                                             satisfaction of PILCH, ineligible
website (www.pilchnsw.org.au).
                                             to obtain Legal Aid and are of        PILCH Members are assisting a
Member law firm Allens Arthur
                                             insufficient means to reasonably       large number of claimants to bring
Robinson is assisting us to re-build
                                             afford requisite legal services at    their claims to the ATFRS Panel for
our site, for which we are indeed
                                             the applicable professional           repayment. Gilbert + Tobin and
grateful! We will have a splashy
                                             charging rates; and                   Allens Arthur Robinson have most
launch when it is ready to go!
                                          • the issue(s) she/he is seeking to      recently accepted pro bono referals
                                             raise is a matter of broad            under this project. Freehills and
I would also like to acknowledge the
                                             concern; and                          Ebsworth & Ebsworth (as it then was)
graphic design firm IDEAWORKS
                                          • the matter requires addressing         have also taken many referals under
and its executive creative director
                                             pro bono publico (for the             this project.
Jonathan McCauley for their
                                             common good).
wonderful work on our new

Bridging The Justice Gap

Some of these matters are               been referred to member firms              him to undertake work in order to
summarised in the referral highlights   under this project some of which          remain in Australia. The HPLS lawyer
below.                                  are summarsised below. PILCH is           was responsible for organising all
                                        receiving many requests for help          paperwork in that respect.
PILCH and Indigenous Justice            from consumers as is CCLC. A
Solicitor Laura Thomas met with the     training session on the issues can be     However, the HPLS lawyer (who
Bundjalung people in Lismore on         held for any member who wishes to         otherwise works as a corporate
the NSW Far North Coast in May to       get involved. A member’s information      lawyer for Gilbert + Tobin) was so
take details of claimaints. Many new    pack has been prepared to assist.         moved by the situation that he took it
claims were registered as a result                                                upon himself to find the client a new
of this meeting and we are seeking      Working with industry and consumer        job! He was able to find the client a
members to assist.                      groups, the project partners have         job as a carpenter with a company
                                        made law reform proposals to COAG         who sponsored him under 457 visa
More outreach is required in coming     as well as to the Prime Minister,         conditions. The lawyer went back
months to make claimiants aware         the Minister for Housing, the             to Mathew Talbot, only this time to
of their rights. This means more        Treasurer, the Finance Minister, the      organise all the paperwork needed
members will be sought to assist        Minister for Competition Policy and       for the client to stay in Australia!
claimants.                              Consumer Affairs and the Minister
                                        for Superannuation.                       Children In Detention
A training session is coming up. Any                                              Advocacy Project
member who wishes to get involved       Homless Persons’ Legal
is asked to contact PILCH. A                                                      CIDnAP is a joint initiative of PILCH,
                                        Service (HPLS): Leading by                Legal Aid and PIAC. The project
member’s information pack has been
prepared to assist.                     Example                                   aims to challenge the unlawful
                                        HPLS operates on a partnership            detention of minors in the criminal
Predatory Lending                       model and provides legal advice to        justice system.
                                        individuals at welfare agencies that
The Predatory Lending Project is a      provide direct services to people         The project was conceived as a
joint initiative of PILCH, Consumer     experiencing homelessness or who          result of Legal Aid becoming aware
Credit Legal Centre NSW (CCLC)          are at risk of homelessness. As           of a number of similar cases and the
and the Legal Aid Commission of         people experiencing homelessness          desire to protect young people from
NSW. The Project seeks to achieve       have many other competing and             the illegal deprivation of their liberty.
greater legal protections for all       stressful factors in their lives, legal   It appeared that in some matters
consumers against predatory lending     advice is available to individuals        system failures led to the unlawful
behaviour in the home loan market       already accessing the welfare service     arrests, but in others abuse of power
and link consumers who are victims      for other immediate needs such as         may have been the key issue. The
of predatory lending with legal         food, shelter and accommodation.          conduct complained of usually
representation.                         Clients do not need an appointment        involves the police, transit officers
                                        to seek legal advice and clinics          or security guards working at private
Predatory lending involves the          operate on a weekly basis, allowing       shopping centres.
provision of home loans on terms        ongoing contact with clients who
that are highly detrminental to the     may not have a fixed address or            CIDnAP highlights the importance of
borrower. These loans, which are        contact details.                          freedom from arbitrary detention and
usually inflicted on low-income or                                                 civil liberties. It connects children
desperate consumers, often result       HPLS lawyers at Mathew Talbot             with legal advice and representation
in the forced sale of the borrower’s    recently saw a client who had been        to bring civil claims for the unlawful
family home. The lenders deliberately   sponsored to come to Australia on         detention as well addressing system
target the equity in the consumer’s     a 457 visa to work as a labourer.         failures with the NSW Government.
home which is eaten by outrageously     When he arrrived, the client’s            Legal services are either provided
high fees and interest (up to 180%      employer failed to give him work and      pro bono, or on a legal aid grant
in some cases). Usually, the loans      as a result he ended up broke and         basis.
are drafted as, business/investment“    homeless, eventually finding his way
loans using a loophole in the           to the Mathew Talbot Hostel.              The project provides legal
Consumer Credit Code.                                                             representation on a pro bono or
                                        The client was due to be sent home        legal aid grant basis to minors who
A number of matters have recently       within days because his visa required     may have a cause of action arising

                                                                                        Bridging The Justice Gap

from false arrest, unlawful detention,
malicious prosecution and/or the
                                          PILCH Events                             discuss the concept of emotional
                                                                                   labour and its implications for
use of excessive force by police                                                   members of the judiciary and the
                                          Movie Night
and private security companies. It                                                 legal profession.
also considers matters involving the      “MaxedOut” – Documentary from the
unncessary detention of minors due        USA about a culture of credit card       Date: 24/09/08
to bail conditions not being met.         debt and predatory practices. The        Time: 6:00pm
                                          real stories of people struggling with   Venue: TBA
The project also conducts policy and      the implications are compelling and
advocacy work aimed at addressing         reflect the Australian experience. The    The Chef’s Challenge!
the systematic practices identified        film was particularly informative for
as causing the unlawful and               members working on the predatory         Each year, during Anti-Poverty Week
unnecessary detention of minors.          lending project and for those            events are held around Australia
                                          interested in events contributing to     to highlight the issues surrounding
Other CIDnAP cases deal with              the fall in credit markets.              poverty. PILCH is organising an
deficient warrants and problems with                                                event called “the Chef’s Challenge”
bail conditions, compelling minors        The film was opened by Minister for       which will see three top Sydney
to reside at places directed by the       Fair Trading, Linda Burney and well      Chefs cooking to a poverty budget.
Department of Juvenile Justice.           attended.
                                                                                   The Chefs will be announced shortly!
An example of a successful outcome        Members’ Forum
is illustrated by a matter in which                                                Anti-Poverty Week
                                          Topic: “What does a “Pro Bono            Date: 12-18 October 2008
Jeremy Kirk of Eleventh Floor
                                          Practice” look like?                     Venue: TBA
Wentworth/ Selborne Chambers
acted along with PIAC.
                                          Hear about some options! The             Law Walk: Update
                                          discussion about “mandatory pro
While travelling home from work                                                    Thank you to all members (and non
                                          bono” has jumped over the primary
near a train station, a 16- year old                                               members!) who participated in the
                                          building block: what does a pro bono
young woman was forcibly detained                                                  inaugural PILCH Law Walk for Justice
                                          practice look like? PILCH members
by five transit officers employed by                                                 on 19 May.
                                          have many ways of looking at this
Rail Corporation NSW who claimed
                                          question. Papers will be presented
she did not travel with a valid ticket.                                            The NSW Attorney General and the
                                          by members, followed by discussion.
Force was used by the officers                                                      Chief Judge at Common Law of the
                                          Overview of PILCH funding will also
against the young girl including the                                               NSW Supreme Court led the way
                                          be presented.
use of a headlock. Once detained,                                                  on the 5km track taking in Sydney’s
she was fined for travelling on a train                                             most beautiful harbour views. Team
                                          Date: Late August 2008
without a valid ticket and for using                                               Freehills took out the prize for the
                                          Further details to be advised.
offensive language. CCTV footage                                                   team that raised the most money and
however confirmed that she had not,                                                 Jake Kilby raised the most money as
in fact, travelled on the train at all!   Mental Health Seminar
                                                                                   an individual.
                                          presented by James O’Loghlin
This matter was initially referred        and Anna Katzman SC
to PILCH by Legal Aid. After PIAC
                                          James O’Loghlin (host of the ABC’s
accepted instructions to act as
                                          New Inventors program and a former
solicitors they sought PILCH help to
                                          lawyer) will present a lecture on
engage a PILCH member barrister
                                          work/life balance with a particular
to assist. Jeremy Kirk answered
                                          emphasis on the difficulties inherent
PILCH’s call for help and agreed
                                          in the legal profession. There will be
to accept the brief. The matter
                                          question time with James O’Loghlin
was commenced in court and later
                                          after his lecture.
resulted in a negotiated settlement                                                Law Walk 2008
favourable to the young woman
                                          Anna Katzman SC, President of
affected by the actions of the five                                                 Overall the event raised over $15,000
                                          the NSW Bar Association, will also
officers.                                                                           and generated tremendous good
                                          deliver a presentation concerning
                                          mental health issues. She will           will among the walkers! We have a
                                                                                   long way to go in 2009 to match the

Bridging The Justice Gap

efforts of London walkers who raised    James’ Hall is assisting an                Harmers Workplace Lawyers are
over £300,000!                          association which seeks to                 assisting an organisation which
                                        protect the rights and interests of        focuses on justice for Aboriginal
                                        caravan owners, especially long-           people to draft employment
                                        term tennants. The association is          contracts.
                                        seeking to influence changes to the
                                        Residential Parks Act 1998 (NSW).          Banki Haddock Fiora are providing
                                                                                   legal assistance in relation to
                                        Ernst & Young will help a establish a      trademark searches, applications
                                        legal entity in India for an Australian    and registrations for a not-for-profit
                                        organisation which aims to support         organisation concerned about the
                                        disabled people in India by providing      preservation of Olympic sites.
                                        medical assessments, financial
                                        donations and employment training.         Allens Arthur Robinson are
Law Walk 2008                                                                      assisting an Aboriginal organization
                                        Thomson Playford Lawyers                   in relation to a Freedom of
                                        assisted a not-for-profit organisation      Information request to the
Clearing House                          with an employment law matter.             Department of Child Services
                                                                                   concerning the decision of the
Referral Highlights                     Stephen Balafoutis of Tenth Floor          Department to refuse to continue
                                        Selborne/Wentworth Chambers                funding to the organisation.
1 January to 30 June 2008               is assisting a peak housing
Not-For-Profit Organisations             organisation in relation to the legality   Middletons are advising a youth
                                        of certain provisions of the Sydney        & family organisation in relation
Maddocks are assisting an
                                        Local Environment Plan 2005.               to insurance issues connected
Aboriginal Corporation with a
                                                                                   with properties managed by the
potential challenge to a proposed
                                        Tresscox are helping an organisation       organisation. The organisation
gas power plant and pipeline to be
                                        develop mechanisms to protect              required advice in ascertaining
constructed by a power company,
                                        the intellectual property rights of        suitable insurance policies and in
which may run through Aboriginal
                                        its training materials. Tresscox           identifying its liabilities.
sacred sites.
                                        provided a seminar to not-for-profit
                                        organisations on intellectual property     Deacons is providing advice to
Henry Davis York are assisting a
                                        rights last year through PILCH.            members of a co-operative in
Community Legal Centre to establish
                                                                                   regards to their members’ and
a salary sacrifice scheme for staff
                                        Maddocks are assisting an                  workers’ rights against the directors
which will result in significant
                                        organisation to obtain deductible          of the co-operative, who recently
financial benefit to workers of the
                                        gift recipient status. The mission of      made a number of decisions that
                                        this not-for-profit client is to seek to    detrimentally affected the running of
                                        ensure that the community-based            the co-operative.
Middletons are advising a
                                        non-government sector has a voice
Community Legal Centre on
                                        to government on issues affecting          PricewaterhouseCoopers Legal is
the applicability of the Goods
                                        disadvantaged and stressed                 providing taxation advice to a not-
and Services Tax to financial
                                        communities in Western Sydney.             for-profit organisation that assists
contributions from non-government
                                                                                   asylum seekers.
                                        Maddens assisted a Community
                                        Legal Centre with the legal                Allens Arthur Robinson are
Corrs Chambers Westgarth are
                                        particulars of a web-hosting               assisting a community organisation
assisting a client in accessing their
                                        agreement.                                 to draft a Memorandum of
consumer rights in relation to a
                                                                                   Understanding for work which will
dispute over a home and contents
                                        Middletons provided advice to an           involve several services.
insurance policy taken out with a
                                        organisation applying for deductible
small insurer. The client’s home was
                                        gift recipient status. The mission of      Henry Davis York are advising a
lost due to a flood which affected
                                        this not-for-profit client is to promote    community centre in relation to the
thousands in the community.
                                        research into a physically disabling       correctness of wages being paid
                                        syndrome.                                  to its employees in light of recent
Ventry Gray of 13th Floor St
                                                                                   industrial relations legislation reform.

                                                                                         Bridging The Justice Gap

The centre provides services for         SBA Lawyers are defending an              from the Aboriginal Trust Fund
families and youth in its local area.    action for repossession of a client’s     Repayment in relation to her Stolen
                                         house by large trust company. The         Wages.
Gilbert + Tobin are advising a           client did not speak English and may
local community organisation as          have been misled about the nature         Corrs Chambers Westgarth are
to the most appropriate corporate        of the lending, which appeared to be      assisting a client in relation to the
form for the organisation to adopt.      predatory.                                loss of his prefabricated home
The service provides children play                                                 following the floods in Victoria in July
areas as well as information to          Allens Arthur Robinson are                2008, in a civil claim for professional
the community on local events,           assisting a member of the public in       negligence on the part of the housing
initiatives with a particular focus on   a conciliation conference at HREOC        transporters.
environmental concerns.                  with a large property group. The
                                         client’s complaint concerns lack of       Gilbert + Tobin are assisting a client
Ventry Gray of 13th Floor St             wheelchair access at display homes.       in enforcing ADT orders in relation to
James’ Hall advised an association                                                 homosexual vilification.
concerned about the rights of            Christos Mantziaris of Eighth Floor
caravan owners and residents             Selbourne Chambers and DLA                Henry Davis York are assisting
of residential parks on drafting         Phillips Fox are acting on behalf of      a client in a claim against the
proposed legislative changes to the      an incarcerated client in contesting      Department of Housing for
Residential Parks Act 1998 (NSW).        extradition orders.                       discrimination based on a disability,
                                                                                   which may have led to his eviction.
Individuals                              Swaab Attorneys are assisting a
                                         single parent on a disability support     Chang Pistilli Simmons are acting
Freehills are advising a pensioner       pension in a family law matter            as solicitor and Christos Manziaris
in relation to an action against a       involving child parenting orders.         is acting as counsel for a client
pawnbroker. This matter meets            This matter meets PILCH’s public          appealing the cancellation of her
PILCH’s public interest criteria as it   interest criteria as the children may     visa on character grounds in a Full
involves an oppressive interest rate     have been in significant danger            Federal Court hearing. The client
and systematic avoidance of the          and the client had been referred to       completed a two-year custodial
Consumer Credit Code. The Code           multiple services without receiving       sentence and was notified of the
requires the pawnbroker to ascertain a   assistance.                               Government’s intention to deport her
borrower’s capacity to repay the loan                                              the day before her release. She has
and provides for an interest rate cap.   Thomson Playford are assisting a          subsequently spent an additional
                                         couple in relation to a predatory loan    two years in Villawood Detention
Ebsworth & Ebsworth obtained an          from a large mortgage company and         Centre.
urgent stay in a house repossession      a brokerage company. The loan
matter. Holding Redlich then acted       appeared to have been written so          SBA Lawyers provided solicitors to
on the substantive issues involved       as to avoid the application of the        assist counsel for a client currently
under the Consumer Credit Code           Consumer Credit Code.                     detained at the Villawood Detention
against two mortgage companies.                                                    Centre in appealing the cancellation
                                         Corrs Chambers Westgarth are              of her visa on character grounds.
DLA Phillips Fox assisted a client       assisting a recipient of an overseas
fighting extradition for a white collar   science fellowship in challenging         Allens Arthur Robinson are
crime.                                   a private ruling of the ATO that the      assisting a member of the Stolen
                                         fellowship income is taxable in           Generation who is attempting to
David Price of 7 Wentworth               Australia. This case is in the public     recover wages for labour in a metal-
Chambers provided advice to a            interest in that the decision is likely   working factory.
concerned citizen as to whether he       to have widespread impact for all
might be liable for defamation. The      previous recipients of fellowships,       Allens Arthur Robinson are
individual had provided a submission     being a large number of Australian        assisting a claimant to make
to a Legislative Select Committee        academics and researchers.                representations about Stolen Wages
and wished to make it public. The                                                  before the Aboriginal Trust Fund
submission was deemed to be              Gilbert + Tobin are assisting a           Repayment Scheme Panel.
confidential and suppressed by the        member of the Stolen Generation in
Select Committee.                        determining whether to challenge
                                         an unfavourable interim assessment

                                        Our Members

                                        Firms                                 Associate Members
                                        Allens Arthur Robinson                Ernst & Young
                                        Baker & McKenzie                      PricewaterhouseCoopers
                                        Banki Haddock Fiora                   Law Society of NSW
                                        Carroll & O’Dea                       NSW Bar Association
                                        Chang, Pistilli & Simmons             Public Interest
                                        Corrs Chambers Westgarth              Advocacy Centre
                                        DLA Phillips Fox                      Corporate Members
                                        Ebsworth & Ebsworth
                                        Freehills                             MLC Ltd
                                        Gilbert + Tobin
                                        Graham Jones Lawyers
                                        Harmers Workplace Lawyers             Board of Directors
                                        Henry Davis York
                                        Holding Redlich                       David Robb, President
                                        Maddens Lawyers                       Garry McGrath, Vice President
                                        Maddocks                              Cassandra Michie, Treasurer
                                        Makinson & d’Apice                    Patrick Griffin
                                        Mallesons Stephen Jaques              Michelle Hannon
                                        Middletons Lawyers                    Shauna Jarrett,
                                        Minter Ellison                        Geoff Lindsay, SC
                                        PricewaterhouseCoopers Legal          Kathy Merrick
                                        SBA Lawyers                           Scott Roulstone,
                                        Sparke Helmore Lawyers                John Sheahan SC
                                        Swaab Attorneys                       Mary Snell
                                        Thompson Playford Lawyers             Gabrielle Trainor
                                        TressCox                              Prof. Gillian Triggs
                                        Wilshire Webb Staunton Beattie
                                        Woolf Associates
                                                                              PILCH Staff
                                        Individual Barristers                 Amy Kilpatrick, Executive Director
                                        Bill McManus                          Ruth Greenwood, PILCH Secondee
                                        Bret Walker SC                        (April-August 2008)
                                        David Robertson                       Tom Johnson, PICH Secondee
                                        Kevin Connor                          (March-September 2008)
                                        Michael Windsor                       Amy Brady, PILCH Placement
                                        Patrick Griffin                        (May-August 2008)
                                        Sigrid Higgins
                                        Christos Mantziaris

�               � ����                  Chambers
  ����������������� �����������������   12th Floor Selborne/Wentworth

Contact Us:
                                        13th Floor St James’ Hall                 Special Thanks to:
                                        5th Floor Wentworth
Level 9, 299 Elizabeth Street           11th Floor Wentworth/Selborne
                                        5th Floor Selborne
Sydney NSW 2000                         Ground Floor Wentworth                     Jono McCauley from IDEA
                                        7 Wentworth                                WORKS for designing our
DX 643 Sydney                                                                      new graphic and logo on a
                                        6th Floor Selborne/Wentworth
Ph: +61 2 8898 6550                     10th Floor Selborne/Wentworth                   pro bono basis.

Fax: +61 2 8898 6555                                                              Thank to also to Mallesons
                                        Law Department                               Stephen Jaques for
E-mail: pilch@piac.asn.au                                                           printing the newsletter.
                                        University of Sydney Faculty of Law
Website: www.pilchnsw.org.au            Legal Aid Commission NSW

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