Lawyers in Australia – Book Review

Authors: Ainslie Lamb and John Littrich Publisher: The Federation Press 2007 Reviewed by Kim Forrester of Counsel

Ainslie Lamb is an Honorary Professorial Fellow in the Faculty of Law at Wollongong University. She practised as a solicitor for 25 years before her appointment as the foundation director of the Practical Legal Training Course at that University. John Littrich was also a practising solicitor prior to undertaking his academic career as a lecturer in the Wollongong University Law School. Both authors taught in the LLB course, Lawyers and Australian Society, from which this book, Lawyers in Australia has evolved.

The book is not directed to the law, or the legal system as such, but rather to the subject of lawyers and their role in Australian society and the ethical and structural frameworks in which they practise their profession. While Lawyers in Australia is primarily intended for the undergraduate law student market, it provides an interesting and informative discussion on a broad range of issues relevant to practitioners and those seeking a greater understanding of the Australian legal profession and the practice of law in Australia.

Lawyers in Australia is presented in two parts. In Part 1: The Sociological Context, topics such as, who lawyers are and what they do, the history and development of legal education and legal culture, the structure of the profession and the delivery of, and access to, legal services are addressed.  This first part of the book contains an excellent discussion of the educational, political and social trends that influenced the development of legal curriculum and content as currently taught in Australian law schools. In the chapter “Legal Culture”, the authors consider the term culture as it “relates to the behaviours and values of the legal profession in its social context”1 , and discuss the paradigm shift which has occurred over the last 25 years. This shift in culture from “an interpersonal base, to embracing and integrating with the corporate culture of the commercial world”2 , and the increasing move to globalisation, are recurring themes throughout the book. In this, and subsequent chapters, the reader is provided with up-to-date and relevant statistical data on a range of topics.

Three chapters address the issues underpinning Access to Justice3 and include the cost of legal services; factors that operate as impediments to the utilisation of legal services; and the rise of Alternate Dispute Resolution.  In Access to Justice-Indigenous Australians, the authors provide a thorough and well-balanced discussion of what is, and continues to be, a very complex area.

Part II: The Ethical Context considers the “ethics, values and ‘professional responsibility’ framework or ‘duty matrix’”4 , within which the legal profession operates. This section of the book focuses on the concurrent duties owed by the legal practitioner to the client, the court, the administration of justice and other legal practitioners. This part of the book makes frequent reference to the Law Council of Australia Model Rules; the Australian Bar Association Model Rules; regulatory legislation; and case law.

While the content leans towards the New South Wales framework, the discussion and hypothetical scenario activities provided at the end of each chapter invite further reading and research into sources beyond the text.

This book is an interesting read and will provide a valuable resource for undergraduate law students; those teaching into law school programs; and practitioners with an interest in the role of lawyers in Australian society.

The recommended retail price of the book is $60.00. Kim Forrester

Footnotes

1. Lamb, A., Littrich, J, “Lawyers in Australia” 2007 Federation Press, p. 61.
2. Ibid.
3. Access to Justice-Meeting the Costs at p119, Access to Justice-Equity Before the Law at p 139, Access to Justice-Indigenous Australians at p161.
4. Lamb, A., Littrich, J, op cit, p 5.

Annotated Safety, Rehabilitation and Compensation Act 1988, Eighth Edition

Authors: John Oman Ballard and Peter Sutherland (with Allan Anforth) Publisher: The Federation Press Reviewed by Matthew Craswell

Those familiar with the labyrinth of Commonwealth compensation matters will be well acquainted with previous editions of the Annotated Safety, Rehabilitation and Compensation Act 1988 because those editions have made this book an indispensable resource.

The eighth edition retains all the features which have made the work the premier text in this arena. It remains compact yet comprehensive; concise yet systematic; and, above all else, practical.

For those occasional visitors to this area of practice, the text contains a Practitioners Guide which is both sufficiently no-nonsense and detailed to enable avoidance of the common pitfalls to be encountered in any journey through the claims process. The Guide provides valuable assistance not only with the mechanics of claims but with fundamental matters such as the appropriate characterization of whether an injured employee has sustained an “injury” or “disease”.

The practicality of the work does not end with the Guide. The Appendices to the text contain an abundance of useful information relevant to Commonwealth compensation matters.

The publishers proudly boast that the text cites more than 1200 cases and, while the breadth of the Table of Cases is certainly impressive, it is the effective and meticulous analysis of that case law which is perhaps the book’s greatest achievement. Such analysis is typified in the dissection of recent developments in the case law related to the powers of the Tribunal on review.

In fact, much of the updating material is very useful. Recent decisions relating to the new definition of disease arising from the insertion, on 13 April 2007, of a new s.5B into the Act are examined in detail. Also, the cases discussing the approach to be taken in utilising the Approved Guide in claims involving permanent impairment are, usefully, examined.

This, the eighth edition, incorporates relevant legislative changes and developments in case law occurring on or before 1 November 2007.

If your practice involves Commonwealth compensation matters, the eighth edition of Annotated Safety, Rehabilitation and Compensation Act 1988 is an essential tool. The book is great value at a recommended retail price of $125 or direct from the publisher1 at $110.

Matthew Craswell

Footnotes

1.      See http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876637.