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             ACT Young Lawyers’ Newsletter                                                                                  Edition No: 12 Summer 2005


               Jory’s Glory: An ACT Golden Gavel Triumph
                            A message from the Chair, Peter Woulfe, ACT Young Lawyers
The ACT Golden Gavel Competition, held at the Law Society Annual Dinner                Scoby MacKay was also presented with the people's choice award, a bottle
on 15 October 2004, was a resounding success. This year our competitors                of fine Shiraz by Farr in a leather case, which was decided by Jonathon
and topics were as follows:                                                            Mandl from Lexis-Nexis.
Scoby MacKay (DEWR)                                                                    Andrew and Elisabeth qualified for the national finals of the Golden Gavel,
If Solicitors Solicited …                                                              which was held at the National Museum of Australia on 5 November 2004.
                                                                                       Our thanks are given to both Lexis-Nexis and Hughes Castell for sponsoring
Elisabeth Bicevskis (Hunt and Hunt)
                                                                                       the evening and contributing to it being such a success. We also thank his
Fahrenheit Law – the profession as seen by Michael Moore
                                                                                       Honour the Chief Justice along with the Law Society for assisting the smooth
Andrew Jory (KJB Law) -                                                                running of this event.
Election Idol – who should win and why
Jake Howard (DEWR) -
Delta’s Lingerie Release—legal versus fashion implications
Each competitor performed exceptionally well in front of their peers, which
made it difficult to predict a clear cut winner. Fortunately his Honour Chief
Justice Higgins made himself available to determine the hero of the day. The
results were as follows:
First:     Andrew Jory         Presented with the golden gavel, perpetual
                               trophy and lexis-nexis voucher ($500)
Second:    Elisabeth Bicevskis Presented with a lexis-nexis voucher ($300)
Third:     Scoby MacKay        Presented with a lexis-nexis voucher ($200)                                Chief Justice Higgins presents Andrew Jory with the gavel.;
Fourth:    Jake Howard         Presented with a mystery prize                                Left to right: Jake Howard, Scobie Mackay; Elisabeth Bicekvsk and Andrew Jory.




    From YOUR                                                                          LAW SOCIETY SOCIAL EVENTS
                                                                                               6 MARCH                 Norris Trophy Cricket Match

 Councilors to YOU                                                                             17 MARCH
                                                                                               20-25 MARCH
                                                                                               7 APRIL
                                                                                                                       Golf Day
                                                                                                                       LAWASIAdownunder2005
                                                                                                                       Members’ Lunch
Double trouble for 2005! This year Young Lawyers have two
                                                                                               16-22 MAY               Law Week
representatives on the Law Society Council: Peter Woulfe (Porters Lawyers)
                                                                                               22 JULY                 Members’ Lunch
& Joanne Purcell (Abbott Tout). Make sure you get in their ears about the                      15 SEP                  AGM & Members Lunch
issues you want heard, debated and actioned. The Law Society is there for                      28 OCT                  Annual Dinner/Golden Gavel
all its members, included the greenest of us all!                                              9 DEC                   Christmas Members Lunch
Although Council has yet to sit for 2005, already Your Councillors are
drumming up support for a number of proposals for the New Year. We will
start by advocating for a model employment contract to be endorsed by the
                                                                                       YOUR COMMITTEE MEMBERS
Law Society, to help you when negotiating your employment benefits. Also
                                                                                       Peter Woulfe (Chair) (Porters Lawyers), Joanne Purcell (Deputy Chair) (Abbott Tout
keep an eye out for our newly devised (with help from the Practice
                                                                                       Solicitors), Amy Burr (Blumers Personal Injury Lawyers), Maxine Feletti (Sparke
Management Committed) series of seminars/CLEs aimed at newly admitted
                                                                                       Helmore), James Fletcher (Australian Government Solicitor), Penny Fletcher (Sparke
practitioners on the “wheres and what-fors” of practise: how to deal with
                                                                                       Helmore), Lizzie McLaughlin (South Eastern Aboriginal Legal Service), Belinda
support staff, court etiquette, what to do if someone complains about your
                                                                                       Poole (Porters Lawyers), Charlie Suttie (ACT Magistrates Court).
conduct to the Law Society, and the role of senior advisors and mentors,
among other things. Keep your pencils poised.
                                                                                        This newsletter is proudly sponsored by
Feel free to speak to either Joanne or Peter, when you bump into them at
Court or by telephone. Joanne can be contacted on
6248 4207 and Peter on 6247 3477.


Disclaimer                                                                             This edition of Obiter Dictum was produced by the ACT Young Lawyers Committee
                                                                                       and is published on the basis that none of its contents is to be regarded as
Contributions are welcome and should be e-mailed to Charlie Suttie on                  expressing the official opinion of the Committee or the ACT Law Society, neither of
chsuttie@iinet.net.au All contributions are subject to editorial approval and may be   whom will accept any responsibility for the accuracy of any opinion or information
edited at the discretion of the ACT Young Lawyers Committee.                           contained in it. No reader should act on the basis of any matter contained in this
                                                                                       publication without first obtaining specific professional advice.
                      26th International Trade Law Conference
                      Yee-Pam Foo, Commonwealth Attorney General’s Department                                                                                            does crime pay?
                                                                                                                                                                                    The South Eastern Aboriginal Legal Service (SEALS )
                                                                                                                                                                                                               An interview with Lizzie McLaughlin, Solicitor

                                                                                                                                                              Lizzie spoke to our James Fletcher and we are most grateful for                        Perceived strengths/ weaknesses of
                                                                                                                                                              her participation, thanks Lizzie                                                       working at SEALS? The benefits of
                                                                                                                                                                                                                                                     working at SEALS are also, on some
                                                                                                                                                              Overview: SEALS provides legal advocacy and/or representation in legal                 days, the weaknesses. Although I
                                                                                                                                                              proceedings (not just initial advice) and their principal focus is to represent        hadn’t appeared in court before
                                                                                                                                                              Aboriginal people in the criminal justice system. SEALS is part of the Coalition       starting this position, the work
                                                                                                                                                              of Aboriginal Legal Services of New South Wales (COALS) which forms a                  environment was such that I was
                                                                                                                                                              peak body representing the 6 regional Aboriginal Legal Services (ATSILS) in            thrown into the deep end within a few days – doing court appearances, bail
                                                                                                                                                              New South Wales. Both SEALS and COALS may be affected as a result of the               applications, visiting clients in gaol and remand centres, taking on my own
                                                                                                                                                              public tender for the right to provide legal aid services to Indigenous                files etc. This was simultaneously thrilling and terrifying. It meant that I was
The Attorney General’s Department had the pleasure of hosting this             The resounding focus of the majority of presentations was the increasing       Australians which is currently being conducted.                                        forced to learn a lot very quickly which was great but, if I made a mistake
year’s International Trade Law Conference on 23 September 2004 at              dominance of trade law issues in the current atmosphere of globalised                                                                                                 within that learning process, it would be committed in front of magistrates,
                                                                                                                                                              How have you been long working at the SEALS? Since July 2004.
Rydges Lakeside. The full day event consisted of a symposium of                services. This message was epitomised in the presentation of the final                                                                                                other lawyers, members of the public, clients etc
speakers who enthusiastically shared their perspectives on prevalent           speaker, Jane Drake-Brockman, Director of the Professional Services            What made you decide to work there? It was a job that seemed to offer
issues arising in international trade law.                                     Roundtable, who encouraged the private sector to develop an interest in        everything that I’d developed an interest in throughout my studies. I’d always         Other benefits are: we get to travel to Yass, Queanbeyan, Cooma and
                                                                               the practice of international law.                                             really enjoyed criminal law at university and spent a fair bit of time                 Goulburn – meeting lots of different communities and elders; participating in
The Conference presents participants with the unique experience of                                                                                                                                                                                   reform and development within the area of indigenous legal services;
                                                                                                                                                              volunteering within the Public Interest Advocacy section of the University of
engaging in discussion with prominent practitioners, government                The Conference was the result of hard work from young lawyers and                                                                                                     participating in the Circle Sentencing trial and subsequent review; being able
                                                                                                                                                              Newcastle Legal Centre. I’d also fairly quickly realised that working in a
employees and academics in a forum designed to stimulate debate of             staff of the Office of International Law in the Attorney General’s                                                                                                    to work through and take responsibility for matters from start to completion…
                                                                                                                                                              commercial/corporate environment where court appearances and meaty legal
international trade law issues. The event accommodated regular                 Department. Graduates Pam Foo and Lindsay Buckingham were given
                                                                                                                                                              work were rare events was not for me – I tended to get very bored very                 Other weaknesses: very few real lunch breaks and having to appear before
intermissions which allowed for morning tea, lunch and afternoon tea to        the opportunity to merge their legal skills with organisational abilities by
                                                                                                                                                              quickly. Most importantly though – it is a job where each small task or                too many Magistrates at the same time.
be served. There was a strong representation of young lawyers present          being responsible for planning the Conference.
                                                                                                                                                              appearance actually forms part of the bigger picture of providing opportunity,
with attendees from several private legal firms and government agencies.                                                                                                                                                                             Most interesting experience? Visiting Goulburn gaol, after having been told
                                                                               Overall, the day was a resounding success with speakers, participants          advice, information and knowledge to indigenous Australians so that their
Secretary of the Attorney-General’s Department, Robert Cornall, opened         and staff agreeing that months of organisation and effort had culminated       massive over-representation in the criminal justice system is addressed and            about the "lock-down" procedures!
the Conference with the acknowledgement that the previous year had             into a well-orchestrated, insightful and interesting forum for the interplay   reduced.                                                                               Your plans within the area you are working? My plans are to keep my head
undoubtedly been an exciting year for international developments. Renée        of current legal issues.                                                                                                                                              above water and keep learning. I definitely want to keep developing my
                                                                                                                                                              Which other legal practices have you worked at (if any)? This is my first
Leon, First Assistant Secretary of the Office of International Law, then                                                                                                                                                                             knowledge of the criminal law and hone what little advocacy skills I’ve
                                                                                                                                                              practicing position. For the first 18 months after finishing uni I was an
addressed the audience with a review of the major events her office had                                                                                                                                                                              managed to muster so far.
                                                                                                                                                              associate to a High Court judge and lectured in law at UWS while I finished
been involved in. Australian Attorney General, Philip Ruddock, delivered
                                                                                                                                                              legal workshop.
the special address in which he encouraged the development of
Australia’s involvement in global trade.
The participants at this year’s Conference were fortunate to have the
Honourable John Lockhart AO QC deliver the keynote address. Mr                                                                                                                                      Reflections on the Commonwealth DPP
Lockhart’s impressive resume has ranged from holding a position as a
Federal Court Judge to becoming a member of the Appellate Body of the
                                                                                                                                                                                                             Jaala Hinchcliffe, Solicitor, Commonwealth DPP
World Trade Organisation. His presentation gave the audience a
                                                                                                                                                              When I enrolled in Law School, my idea was to use my law degree in any                 I returned to Canberra and, after a
personal insight into his experiences while working in these two
                                                                                                                                                              way I could to impact on the social welfare of the community. What I was               brief sojourn to another organisation, I
prestigious positions.
                                                                                                                                                              really thinking was that I would become a welfare worker. As I studied more, I         returned to the CDPP’s to work in a
The Conference included panels on foreign investment and trade, the                                                                                           found that I quite enjoyed law, so I set my sights on actually entering the legal      practice management branch. And
consumer as an international trader, the Australia-US Free Trade Agreement                                                                                    profession, thinking that I would live out my dreams of social impact through          that’s where I have remained. The
and recent developments in the World Trade Organisation. Presentations        Left to right: Secretary of the Attorney General’s Department welcomes          family law or child welfare law. However, my career path, as unplanned as it           work I currently undertake includes
were given by prominent young lawyers such as Thomas Westcott from the        participants and speakers. Stephen Bouwhuis delivers a presentation on the      was, has led me to an area which I find incredibly fulfilling – Commonwealth           liaising with our client agencies,
Department of Treasury and Stephen Bouwhuis from the Attorney General’s       Australia-US Free Trade Agreement. Mark Zanker of the Attorney General’s        criminal law. That’s right; I work for the Commonwealth Director of Public             providing legal advice on issues surrounding the Commonwealth criminal law
Department. Both individuals played a significant role in negotiating and     Department and The Hon John Lockhart AO QC applaud the speakers and             Prosecutions.                                                                          and providing advice to the Director. I no longer do much advocacy work
implementing the Australia-US Free Trade Agreement and their personal         above: Young lawyers enjoy lunch provided at the Skyline BG Restaurant on                                                                                              and, although the rush of adrenaline at court is great, I don’t really miss it. I
                                                                                                                                                              I found my way to the CDPP through an amazing turn of events. Soon after I
perspectives of the experience were welcomed.                                 the 15th Floor of Rydges Lakeside.                                                                                                                                     have a job that I really enjoy and that suits me.
                                                                                                                                                              was admitted after completing Legal Workshop at ANU in 2000, my husband
                                                                                                                                                              and I moved to Wollongong. I had no legal connections in Wollongong and I              Although I never set out to practice criminal law, I find it an absolutely fascinating
                                                                                                                                                              found it quite difficult to find work as a solicitor there. So I sent letters to       area of law and I now can’t imagine practising in any other area.
                                                                                                                                                              anyone and everyone I could think of asking to be considered for any job that          Commonwealth criminal law offers a wide range of matters and throws up
                                                                   Editorial                                                                                  might be going. In one round of letter writing I sent a letter off to the CDPP’s
                                                                                                                                                              office in Sydney. A few days later, a phone call came through – the CDPP
                                                                                                                                                                                                                                                     interesting and challenging legal questions. I have found the CDPP to be a great
                                                                                                                                                                                                                                                     workplace – it’s friendly, professionally and supportive. I have found the
                                                     Charlie Suttie & James Fletcher                                                                          was advertising jobs. If I could get my application sent off in the next couple        conditions to be good and opportunities for promotion have been available to me.
                                                                                                                                                              of days, I would be considered. So I furiously wrote my application and sent it
For those of you who have been wondering where Obiter has been for           In this edition of Obiter we consider a life of crime - well a life of                                                                                                  The editors have asked me to make some comment to new players to
                                                                                                                                                              off. I was offered an interview and after the interview process I was offered a
the last few months, take heart because we’re back with more vengeance       practising criminal law at least. In recent weeks we have had the                                                                                                       Commonwealth criminal law on the pitfalls in this area. My comment is this -
                                                                                                                                                              job. And the rest is history.
than a bad Bruce Willis movie.                                               opportunity of speaking to leading practitioners and young lawyers in this                                                                                              Commonwealth criminal law can be difficult to find your way around at first,
                                                                             most interesting area and we extend our thanks to all our kind                   I spent about a year with the CDPP’s Sydney office in their Commercial Prosecutions    particularly having regard to the fact that Commonwealth crime is prosecuted
The ACT Young Lawyers Committee has been hard at work over the last
                                                                             interviewees. Does crime pay? - we’ll leave you to decide.                       Branch. It was an incredible experience. Although I was a junior lawyer, I was         in State and Territory courts with some of the legislation of the jurisdiction
quarter and was the driving force behind the local and national Golden                                                                                        given the opportunity to participate in large and complex trials where I was able to   where the prosecution takes place applying. My advice is to stick with it –
Gavel competitions which brought delight to so many of us last year.         In the Autumn edition we will explore Personal Injury Law and we invite          work with various Senior Counsel. I was also given the opportunity to kick off my      Commonwealth criminal law has a lot to offer practitioners.
Thank-you to all who turned out to support our competitors at the local      practitioners in this field to contribute to the newsletter – simply contact     own advocacy career with list work in various Local courts.
and national levels, we look forward to seeing you all again during the      Charlie Suttie on chsuttie@iinet.net.au or James Fletcher on                                                                                                            [The Commonwealth DPP maintains an excellent website at
course of 2005.                                                              James.Fletcher@ags.gov.au                                                                                                                                               http://www.cdpp.gov.au - Ed.]
                      Portrait of a Young Prosecutor: Louise Taylor                                                                                                                                           Criminal Law at the Bar: an Interview with Mr Shane Gill
 What is your current role at the ACT DPP? Just like our other                             demands and pressures that go with the work. Dealing with people’s lives and                One would be forgiven for thinking that Shane Gill might fit within our definition of        Part of your job is appearing in front of juries, how would you
 prosecutors I apply the Prosecution Policy to the briefs which are put forward, liaise    their liberty brings with it a high level of responsibility. We take that                   a ‘young lawyer’. Indeed, for many of us Shane was that guy who taught us                    describe that experience? Freaky but fun. Ok, how does it
 with the Australian Federal Police and appear in court. I am one of two specialised       responsibility really seriously. As a junior prosecutor there was a tremendous              advocacy at Legal Workshop before roaring off home on his motorcycle. However,               compare to judge alone? The good thing about a jury is that the people
 Family Violence prosecutors within our office, so in addition, I deal with the matters    amount of support and guidance offered to me and that is something that                     those who have seen him make court work seem so devastatingly simple know that               bring all their different experiences to the task of assessing truth. It’s great to have a
 that fall into the Family Violence category. Matters involving family violence            continues today and offered to all ‘baby’ prosecutors. There are lots of great              there’s more than meets the eye with our youthful Mr Gill…                                   variety of people who have seen all the different facets of life and who draw their
 sometimes require a somewhat different approach. Usually I appear in Court 4 of           people here who are a large part of the reason that the DPP is a great place to                                                                                                          judgements from that.
                                                                                                                                                                                       Shane, you’re currently a criminal and family law barrister
 the ACT Magistrates Court before Magistrate Fryar and from time to time in the ‘A’        work.                                                                                       working out of Burley Griffin Chambers, when did you come to                                 There are many solicitors who run their own matters in the
 list. Occasionally I head across to appear in Supreme Court matters too.                                                                                                              the bar and where were you before? I became a barrister around 2003                          Magistrates Court. Is it unusual for counsel to appear? Every so
                                                                                           Can a prosecutor be too fair? Of Course! Sometimes we are criticised for
 How long have you been practising? I came straight to the DPP after                       being soft - sometimes too hard-nosed - it is always a fine line. I think a measured        and before that I worked at Pappas-J for four years. I had left Legal Aid and had            often there is a case worth getting counsel involved and no, it’s not unusual. Counsel
 uni and I’ve been here for 3 years.                                                       approach in applying the Prosecution Policy is important. Keeping things in                 been working for Jennifer Saunders’ firm for 6 months when I made the move to                might appear in some of the more serious criminal matters, whether it’s a committal,
                                                                                                                                                                                       Pappas-J.                                                                                    summary trial, bail application or submissions on sentence.
                                                                                           perspective and remaining objective assist in developing that measure. Despite
 You’ve developed a large amount of experience in the Family
                                                                                           what some might think, none of us like to see a person lose their liberty, whether          Where do you do most of your court work? It really depends; I work                           Along the same lines, when is it worthwhile briefing a barrister
 Violence list - how would you describe that area? The views of the
                                                                                           they are sentenced to time in gaol or where they do not get bail. It’s also a real          in the ACT Supreme Court, the Federal Magistrates Court, the Family Court and our            in a summary matter? Well, sometimes it’s cheaper to brief a matter out to
 complainant tend to be more prominent in the scheme of those proceedings and
                                                                                           challenge for us when dealing with self-represented defendants because the                  local Magistrates Court. I also do some work in the Local and District Courts in New         counsel. It really depends on how much time the solicitor has and what his or her
 have a greater impact on the nature of the prosecutions. I spend a great deal of
                                                                                           majority of them have no idea about the process.                                            South Wales.                                                                                 other obligations are at the time as well as his or her own experience and ability.
 time with complainants, obtaining their co-operation and explaining processes of
                                                                                                                                                                                                                                                                                    Counsel often appear in these types of matters without an instructor.
 the criminal justice system to them. The nature of these cases means that the             Advocacy is a daunting task when you have one matter to                                     Some people say that the criminal law is just as demanding as
 important evidence will largely come from the complainant and I play a role in            mention, let alone a whole ‘A’ list - how do you cope? There are                            commercial law but without the financial rewards – any                                       How important is a plea in mitigation – won’t the decision
 ensuring they are familiar with the practices and procedures that go with giving          some of us who love the ‘A’ list - perhaps it’s the frustrated thespian in us - there’s a   comments? I’ve never done commercial work so I couldn’t tell. Though some                    maker come to the right answer in any event? Only if they are told
 evidence.                                                                                 real performance side in running an ‘A’ list. I still do my preparation for the ‘A’ list    people say criminal law is harder…the only encounter I’ve had with commercial law            the right things: Who else is going to tell your client’s story to the Court?
                                                                                           from scratch, the same way I did it when I started three years ago. I don’t use the         was Business Associations at Uni.
 The Family Violence Intervention Programme (FVIP) ensures that the agencies,                                                                                                                                                                                                       Would you accept a brief to prosecute? Oh… yeah.
                                                                                           material I prepare much now but it always gives me a real sense of organisation,
 including the DPP, involved in these cases collaborate in the management of Family
                                                                                           which I think you need to be a good advocate - particularly when you are starting
 Violence matters. The aims of the programme are twofold: to ensure or enhance
 complainant safety and to increase offender accountability.
                                                                                           out because preparing well really helps your confidence levels.                                                        Working for Legal Aid: Jerry Leyland
                                                                                           One thing I think is important is that the good advocate can accept when they’re
 There’s also a large training aspect to my job which I really enjoy - I work with the                                                                                                 How have you been long working at Legal Aid? Approximately 3 yrs.                            team with only a few hours notice.
                                                                                           wrong and see the hints from the bench. Many times the bench is willing to do
 AFP FVIP Project Officer and deliver to AFP recruits and serving members a three
                                                                                           what you ask if you just lay the foundations…also think it’s important to find an           What made you decide to work there? As a youth worker in the early                           The army equipped me with an ability to adapt to most circumstances and the skills
 day training package exploring Family Violence and investigative practices. Being                                                                                                     to mid 1990's with ACT Youth Justice, and NGO's, I worked with children and                  required to expect the unexpected. I find adaptability and preparation combined
                                                                                           advocate that you admire and take note of the ways that they achieve that polish.
 involved in this training gives me an understanding of some of the challenges police                                                                                                  young people with a what can only be called a 'complexity' of social and legal               with a good sense of humour; a peculiar brand of mindless optimism; and a healthy
 face and some of the frustrations they experience when investigating an allegation        What’s your best moment at the DPP? Surviving my first ‘A’ list and                         problems. I found that, at the 'pointy-end', people trying to help the kids, like myself,    scepticism are essential in my current area of law.
 involving family violence. I’m also the 24-hour on call prosecutor for police to          running my first contested hearing, both gave me a tremendous sense of                      did not get adequate support or funding. This was mainly due to government
                                                                                                                                                                                                                                                                                    Perceived strengths / weaknesses of working at Legal Aid? In
 obtain family violence advice.                                                            achievement. The best moments are always when justice is done …                             agency administrivia and bureaupathology (See generally the Varden Report).
                                                                                                                                                                                                                                                                                    criminal law, fact is often stranger than fiction. This seems to be especially so with
                                                                                                                                                                                       Consequently, I took a psychology degree with 2 goals: to learn how to better help
 What’s it like working with victims? Victims can be challenging, in                       Where do you see yourself in the future? I enjoy Family Violence                                                                                                                         Legal Aid clients who are generally the most disadvantaged of our community. We
                                                                                                                                                                                       the kids and to gain standing enough to advocate on their behalf.
 many instances their expectations do not accord with the realities of the criminal        immensely so I imagine I will be in this area for a little while longer. I want to seek                                                                                                  are here to those who would not otherwise be able to afford legal representation.
 justice system and in particular the remedies it can provide to them.                     out new challenges, keep learning and do some more Supreme Court work - I don’t             On completion of the psych degree, I was disappointed to discover that bureaucrats           Working as a criminal lawyer with Legal Aid is probably the best way to gain a lot
                                                                                           want to rest on my laurels and get bored.                                                   used the 'key-words' and 'catch phrases' of psych and social work to talk a lot and          of criminal law experience in a short time. We spend a lot of time on our feet as
 Is it common for prosecutors to specialise? No, it’s not uncommon, but                                                                                                                do nothing. So in 1999, I instead decided to become the ACT Legal Aid Childrens              advocates in what seems to be an almost infinite variety of criminal law matters.
 it’s not the way we work in general. In Family Violence our office has found clear        Ever thought of going to the Bar? Yeah, I have, and hopefully that’s where I                Court lawyer. My aim was to help kids with their legal problems in the hope that this
                                                                                                                                                                                                                                                                                    Although there is no money to be earned in criminal law - well not in comparison to
 benefits in specialisation.                                                               might move to. It’s a massive step but I think that crime (and court) is my thing.          in turn would address some of their social problems. One minor impediment to
                                                                                                                                                                                                                                                                                    all other areas of law or that would not raise possible proceeds of crime concerns - I
                                                                                                                                                                                       becoming the Legal Aid Childrens Court Lawyer was that I did not have a law
 What attracted you to the DPP? Aside from David Morters’                                  Would you trade it all in to become a tax lawyer? No way.                                                                                                                                have found an area of law where I can safely say to myself, whether at court or
                                                                                                                                                                                       degree. In fact I had not even applied to do one.
 good looks?...I did a placement for Legal Workshop and I really liked the                                                                                                                                                                                                          amongst colleagues, "I now feel that I am no longer the weirdest person in the room".
                                                                                           What advice do you have for any of our readers who wish to                                  What type of work do you do? Nearing the end of 3 years of law at ANU, I
 atmosphere and the energy at the DPP.                                                                                                                                                                                                                                              Your plans within the area you are working? I intend to continue as a
                                                                                           pursue a career in the criminal law? Prepare.Prepare.Prepare. Develop                       joined Legal Aid in 2002. I am not yet the Childrens Court lawyer and probably never
                                                                                                                                                                                                                                                                                    criminal lawyer: not only to help the most disadvantaged in our community, but to
 I’ve been told one thing which attracts people to the DPP’s in Australia is the           a thick skin. Learn to read the bench. If you don’t enjoy being an advocate or in           will be. Since joining the Legal Aid Criminal Law section I have found, not surprisingly,
                                                                                                                                                                                                                                                                                    do my bit to ensure the legislature and administration (whom of course I trust
 integrity of the prosecutors, did it have an effect on you? That was my                   court - go to tax.                                                                          that many adult clients have the same problems as the kids I used to deal with. The
                                                                                                                                                                                                                                                                                    implicitly) abide by the rule of law. As such I have been accepted as a candidate for
 impression - people genuinely committed to what they were doing, despite the                                                                                                          difference being that the adults are often entrenched in a life of unemployment,
                                                                                                                                                                                                                                                                                    the degree of SJD [Doctor of Juridical Science – Ed.] in which I intend to write a
                                                                                                                                                                                       poverty, drugs, alcohol, violence and often have mental health problems, making it
                                                                                                                                                                                                                                                                                    paper on the subject of the apparent erosion of rule of law. Unfortunately just before
                                                                                                                                                                                       difficult - if not impossible - to avoid crime, criminals and the criminal system.
                                                                                                                                                                                                                                                                                    Christmas I found out that due to government agency bureaupathology and
Inaugural ACT Young Professionals Function                                                               Nuts & Bolts: Liasing with the DPP                                            Which other legal practices have you worked at (if any)? I am a                              administrivia the program had been capped. So I am on hold for the time being.
                                                                                                                                                                                       Captain with the Australian Army Legal Corps. As far as variety is concerned I doubt
                                                                                                                                                                                                                                                                                    If there is anything else that you would like to put forward about your work,
                                                                                                                                                                                       whether I could get any further away from my civilian practice. Providing military law
                                                                                            So you’ve landed yourself a criminal file, liasing effectively with the DPP can help                                                                                                    particularly as it relates to criminal law (the theme of the newsletter) and young
 Over 160 young ACT professionals attended the inaugural ACT Young                                                                                                                     advice to senior officers may seem very different to the art of advocacy and
                                                                                            you to provide the best representation for your client – here are some do’s and                                                                                                         lawyers, please let me know. When I graduated at law as a mature age student (not
 Professionals Cocktail Evening, hosted by ACT Young Lawyers. James Moody, of                                                                                                          representation in criminal law matters. I can assure young lawyers that the general
                                                                                            don’t to bear in mind:                                                                                                                                                                  the safari-suit sort of mature age student) in 2002 I was pleased to be invited to
 the ABC’s new inventors, was the keynote speaker and provided some very                                                                                                               legal principles learnt at law school are readily applicable to all areas of law.
                                                                                                                                                                                                                                                                                    Young Lawyers functions. However, I thought I had better start law as I meant to
 interesting views on what it means to be a young professional. This evening was            Do contact the correct person at the DPP. For example, if you are after particulars        Prior to becoming a lawyer at Legal Aid, I did not have much legal experience other          continue and in all honesty questioned the appropriateness of my attendance at YL
 a great success for ACT Young Lawyers as it facilitated the first truly integrated         send your email to the particulars mailbox or if you’ve got representations to send,       than supervising children and young people on court orders and writing Pre                   functions. I explained that I was not 'young' and that it would probably be for my
 young professionals event that the ACT has seen for quite some time. Members               forward them to the representations section.                                               Sentence Reports. However, my 10 years service with the British army prepared me             colleagues comment on the 'lawyer' bit. I was pleased to be informed that the
 of the following organisations attended:                                                                                                                                              for both the kids and criminal law. It is not that I had anything to do with social          'young' bit was not based on personal chronology and the 'lawyer' bit was a legal
 1.     CPA                                                                                 Do approach the DPP in a timely fashion: for example, expect that the DPP is
                                                                                            going to need some time to liase with the Police and consider your representations.        work, psychology or law in the army, rather it was the type of work I did in the army        definition rather than a matter of opinion. I note the kind offer of YL because they
 2.     ICA                                                                                                                                                                            that prepared me for most of what the kids, clients or the law can throw at me.              offer support and advice to newly admitted lawyers.
 3.     Young Engineers                                                                     It follows, don’t rock up to court with your representations and hand them to the
 4.     Law Society of the ACT                                                              prosecutor a few minutes before the matter is to be called on. In fact, don’t              After 5 years service in The Kings Troop Royal Horse Artillery (the ones with horse-         I have found it is essential in criminal law, as I expect is the case with all other areas
 Bill Redpath, President, and Larry King, CEO, showed terrific support for this             approach a prosecutor who is sitting at the bar table in another matter and expect         drawn guns and limber for the purpose, amongst others, of carrying dead Royals,              of law, to have peer support. I have found there is a strong collegiate bond between
 event by providing endorsement and assisting in the marketing process. The staff           them to divert their attention to your matter.                                             providing Royal Salutes in Hyde Park and musical rides at The Royal Tournament) and          criminal lawyers (I mean the ones involved in criminal matters - no hang on - the
 at the Law Society are also thanked for their hard work.                                                                                                                              a further 5 years in the Royal Artillery Motorcycle Display Team, I eventually made it: I    ones that have a criminal practice - oh, forget it - you know what I mean). Given our
                                                                                            Do speak to the prosecution at any stage of a matter; don’t be scared. The DPP has         got to be a clown. That is, a professional clown rather than just being silly. (Although I   busy, high pressured lives as lawyers we have to plan our relaxation or end up
 Next time around this event is likely to be hosted by the ACT Young Professional's         an interest in ensuring a fair outcome in the criminal justice system.                     always thought jumping out of perfectly serviceable aircraft, freezing while skiing and      potentially being "the best lawyer in the grave yard". Consequently, a few of us
                                                                                            But don’t contact the DPP when you haven’t read the brief or when you aren’t clear         blowing things up was a bit silly - especially as the latter was under water!)               forty-something-year-old criminal lawyers have started a rock band as a pressure
                                                                  Left to right: Speaker                                                                                                                                                                                            valve. We did our first gig at a private party on New Years Eve: hopefully the first of
                                                                  James Moody with          on your instructions. Speculating about what your instructions might be will not           As will be appreciated, motorcycle stunts can go wrong: people get hurt. However,
                                                                                            assist you to progress the matter.                                                                                                                                                      many for the "Fugitives". If you cannot afford the fancy instruments, speakers and
                                                                  Young Lawyer Justin                                                                                                  as they say, "the show must go on". The main job of the clown, whether a bear
                                                                                                                                                                                                                                                                                    mixer deck - that only lawyers could afford - which make us sound fairly good, I
                                                                  Cudmore; Young                                                                                                       riding and falling off a remotely controlled motorcycle with an apparent life of its
                                                                  Professionals enjoy
                                                                                            Do let the DPP know if you are planning to apply for an adjournment.                                                                                                                    suggest young lawyers seek not only support and advice but friendship that can only
                                                                                                                                                                                       own or the policeman with size 20 boots riding a ridiculously small minibike in hot
                                                                  the event                                                                                                                                                                                                         come from shared experience. With other Young Lawyers for instance.
                                                                                            Do apply all of the above to Case Management Hearings especially                           pursuit of the bear, required enough experience to slot into any position within the
  ANDREW JORY: PEOPLE’S CHOICE
FOR 2004 NATIONAL GOLDEN GAVEL
                                            Peter Woulfe, Chair, ACT Young Lawyers                                                     Left to right: Andrew Jory and
                                                                                                                                       Elisabeth Bicevskis with Chief
                                                                                                                                       Justice Higgins; National
                                                                                                                                       Golden Gavel Winner Jay
                                                                                                                                       Buckley with Chief Justice
                                                                                                                                       Higgins; Larry Kleist of
                                                                                                                                       Hughes-Castell presents
                                                                                                                                       Andrew Jory with the People’s
                                                                                                                                       Choice Award; Golden Gavel
                                                                                                                                       Mastermind Peter Woulfe
                                                                                                                                       enjoys the proceedings with
                                                                                                                                       the Chief Justice.


On 5 November 2004, some of the nation’s most eloquent young lawyers              topic were presented splendidly. First and second place getters received
participated in the final of the Golden Gavel Public Speaking Competition.        cheques in the sum of $500 and $300 respectively, kindly sponsored by
This event was held concurrently with the Australian Young Lawyer of the          Hughes-Castell.
Year Awards at the National Museum of Australia and was managed by                Canberra’s own Andrew Jory won the People’s Choice Award for his
the Young Lawyers Committee of the ACT Law Society. Competition in this           presentation. One of the primary criteria for this award was ‘popularity with
event, as always, was fierce.                                                     the audience’; ie the competitor who received the most laughs. Andrew’s
The competitors and their topics were as follows:                                 presentation certainly received an excellent response from the audience,
• Jay Buckley (Corrs Chambers Westgarth, NSW)                                     which was enhanced by his confident and upbeat demeanour. Larry Kleist,
  Whistleblowers and junior lawyers: the new white meat!                          Managing Director of Hughes-Castell Australia/New Zealand, presented this
• Gareth Clark (Baker & McKenzie, VIC)                                            award, consisting of a fine bottle of wine, to Andrew.
  Steak knives and the law: 10 tips on marketing your firm!                       Elisabeth Bicevskis, although unfortunately not entering the winner’s circle on
• Finn Dawkins (Adelaide University, SA)                                          this occasion, performed commendably and did the ACT proud with her
  Streamlining summary justice: will the worm ever replace the jury?              most instructive perspectives on etiquette. Both Andrew and Elisabeth are
• Kathleen McNally (Clayton Utz, WA)                                              congratulated for their efforts performing in one of the most challenging
  Lawyers marrying lawyers; who wears the pants and how to get into them!         national events in the annual young lawyers’ calendar.
• Michael Hodge (Barrister, QLD)                                                  It is anticipated that the ACT Local Golden Gavel will be again held at the
  Filing & serving: extreme sports for the office environment!
                                                                                  Law Society Annual Dinner in 2005. The Dinner is usually held around
• Sara Gul (Gunson Williams, TAS)                                                 October, so those upcoming young lawyers who wish to participate should
  Strictly appalling: Pauline Hanson’s political & dancing careers contrasted!
                                                                                  stay tuned and enter as soon as possible to avoid disappointment. It is also
• Elisabeth Bicevskis (Hunt & Hunt, ACT)                                          highly likely that the national final will be held in Brisbane for 2005, with the
  Faux pas or innovations? Etiquette for new lawyers
                                                                                  winner of our local competition receiving a sponsored trip to compete at this
• Andrew Jory (KJB Law, ACT)                                                      higher event. This in itself is a great
  Easing the squeeze: Mark Latham on how to relate to administrative staff
                                                                                  incentive for our ACT talent to strive for
Competitors were required to present for approximately 3 minutes and, as far      glory at the local level in 2005.
as possible, generate amusing/witty lines of argument in respect of their
topics. Presentations were delivered in front of approximately 150 people in
an auditorium style setting. The degree of difficulty was increased by the fact
that topics were distributed to competitors just 24 hours in advance of their           Larry Kleist of Hughes-Castell presents
respective presentations. The ACT was entitled to field 2 competitors as a              Andrew Jory with the People's Choice
                                                                                                                        Award
result of undertaking the hosting duties for this event.
Chief Justice Terry Higgins kindly donated his time to judge the competition.
After due consideration by his Honour, it was determined that the winner of
the National Golden Gavel for 2004 was Jay Buckley, who produced a                   Young Prosecutor Exposed
strong and most entertaining thesis. Second place was awarded to Kathleen            Michael Clark
McNally, whose insights into what might be regarded as a slightly incestuous
                                                                                     Place of birth: Sydney, Australia
                                                                                     Qualifications: BA LLB Grad Dip Legal Practice
     Young Lawyer Exposed                                                            Current Job Description: Prosecutor, ACT Director of
     Marlowe Thompson                                                                Public Prosecutions. Probably the most important part of my job, is to review
                                                                                     briefs of evidence from the Australian Federal Police and apply the DPP's
     Qualifications: B.Comm/B Laws LLB(Hons)                                         Prosecution Policy. This involves deciding whether it is in the public interest
     Current Job Description: Assist with the                                        to prosecute; whether the evidence in the brief supports the charges or
     management of litigation        at the Australian                               whether other charges are more appropriate; and whether further evidence
     Electoral Commission. Answer complaints regarding                               can be obtained. Once I have all the evidence and have decided that it is in
     the offence provision of the Commonwealth Electoral Act 1918. Provide           the public interest to prosecute, I have to decide whether we have
     internal advice on aspects on the Commonwealth Electoral Act 1918.              reasonable prospects of a successful prosecution. I regularly appear in
     Assist in policy work related to the operation of elections.                    court and where a plea of not guilty is entered in one of my matters then I
     Best Aspect of my job: Learning about the electoral process.                    conduct the ultimate hearing.

     Worst Aspect of my job: Dealing with frivolous or inconsequential               Best aspect of my job: Appearing in court and conducting hearings
     complaints.                                                                     Worst aspect: having to wait around court as a result of long lists
     If not a lawyer I would…be a Zen Monk                                           If not a lawyer I would... be a drummer!

				
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