From the President – Six Month Report to Members

In this report to members I deal with the following issues:

• Flood assistance
• BAQ Life and TPD Scheme
• Judicial Appointments
• Professional Standards Limitation Application
• Sesquicentenary Celebrations
• Annual Bar Dinner
• Annual General Meeting
• Queen’s Birthday Honours List
• Card Access to the Supreme and District Courts
• Annual Conference
• Motions for Life Membership
• New Rules of Conduct
• Legal Aid
• Women’s Issues
• Senior Council Consultative Group (SCCG)
• Retirement of the Northern and Far Northern Judges
• Redevelopment of the Ground Floor Inns of Court
• BAQ Organisational Review
• Mullenjaiwakka Trust
• Association Website
• Insurance — Disclosure of Mental Illness
• BAQ Indigenous Student Mentoring Scheme
• Young Members
• Help is Available
• Vacation

Flood Assistance

The Association, jointly with the Queensland Law Society, offered pro bono legal advice and mediation services in the aftermath of Queensland’s January floods. This was done under the aegis of the state government.

I thank the many members who answered the clarion call.

BAQ Life and TPD Scheme

At a Special General Meeting of members held on 13 May 2011, three resolutions were passed to adopt a scheme of life insurance and TPD insurance, each in the sum of $250,000 without medical examination or inquiry or condition (eg, smoker). The scheme is mandatory for members in private practice with an opt-out at age 55.

The resolutions were passed unanimously by the large portion of the members attending the SGM. This was testament to the burgeoning collegiality of the Bar. The overwhelming feedback from members has been positive.

Members will recall in recent years there have been calls on the Association benevolent fund in circumstances where members, for various reasons, have not held any, or any sufficient insurance. The fund, which usually holds a balance of about $30,000 to $40,000, cannot and ought not substitute for proper and adequate insurance cover.

In addition, it had come to my attention that there are difficulties faced by a significant number of members in securing life and total and permanent disability insurance, at all or on reasonable terms. Either insurance can be expensive. Some members have existing health conditions, or family history, in either case resulting in insurers either rejecting applications or imposing significant loadings.

The proposal submitted by Suncorp allowed the Association to put in place a scheme which meets the Association’s desire to provide basal protection for its members on generous coverage terms at highly competitive rates. It is interesting to note that the Queensland Law Society and our interstate colleagues are exploring the idea.

In July the Association will forward to members a copy of the group policy.

I am indebted to Council members Sandy Thompson S.C. and Peter Davis S.C., and also Joe Di Bella (Suncorp) and Peter Steele (MLIG), for steering this initiative to fruition. It is one of the most memorable achievements I have seen in 30 years at the Bar.

Judicial Appointments

Since my last report to members, the following have been appointed to judicial office in the superior courts: 

• The Hon. Justice Colin Forrest and the Hon. Justice Michael Kent (Family Court of Australia)

• The Hon. Justice Jean Dalton (Supreme Court of Queensland)
• His Honour Judge Gary Long S.C. (District Court of Queensland)

I was consulted in respect of each appointment. So too the forthcoming Northern appointments. The Association extends to each our warmest congratulations on meritorious appointment.

Professional Standards Limitation Application

In January 2011 an application was lodged by the Association with the Professional Standards Council under the Professional Standards Act for establishment of a statutory scheme to limit civil liability of barristers to whom it applies.

The liability limited by the scheme includes, to the extent permitted by the Act, all civil liability arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted by a member of the Association applies in acting in the performance of his or her occupation as a barrister.

The Scheme will:

• only apply if the barrister is a member of the Association.
• only apply to a retainer entered into after scheme commencement.
• not apply to liability for damages arising from any matter to which the Act does not apply, including, but not limited to, liability for damages arising from death or personal injury to a person, a breach of trust, fraud or dishonesty.
• not impact damages awards below $1.5 million.
• limit liability for damages to $1.5 million provided the person has insurance which is not less than $1.5 million (to date, there has never been a successful claim against a Queensland barrister that has reached $1.5 million in damages).
• command an annual fee per member barrister of $50, payable by the Association.

Gaining the scheme is the quid pro quo for thorough and rigorous CPD, disciplinary, organisational and insurance protocols.

Gestation of the scheme has proved a protracted and exacting task (the application is over 150 pages in length). I envisage that the scheme will be operational from 1 January 2012.

To assist members the Association will conduct a raft of CPDs following commencement of the scheme.

Sesquicentenary Celebrations

In August the Supreme Court celebrates the milestone of 150 years since establishment.

A formal court ceremony will be held on Friday 5 August 2011. A dinner will be held on Saturday 6 August 2011.

All members are welcome and encouraged to attend.

The new court complex is due for completion in mid 2012.

Annual Bar Dinner

Members are advised that the 2011 Bar Dinner will be held at the Stamford Plaza Hotel on Friday 23 September 2011. This black tie dinner is an important part of the collegiate life of the Bar.

A formal notice will be sent in August. Mark your diary now.

Annual General Meeting

The Association’s Annual General Meeting will be held on Wednesday 23 November 2011.

I will retire at such AGM. I have been privileged to serve as Association President.

Queen’s Birthday Honours List

I wrote on your behalf a letter of congratulations to each of the Hon Justice Susan Kiefel and the Hon Justice Richard Chesterman RFD congratulating them on being recognised in the Queen’s Birthday Honours List.

Justice Kiefel, a life member of the Association, received the nation’s highest civil award, the Companion of the Order of Australia (AC), for “service to the law and to the judiciary, to law reform and to legal education in the areas of ethics, justice and governance”.

Justice Chesterman was made an Officer of the Order of Australia (AO) for service to the judiciary and community, in particular the Cancer Council on a State and National level.

Card Access to the Supreme and District Courts

The security card system facilitating access to the Supreme and District Courts in Brisbane has passed its trial with flying colours and has been given permanent status.

There has been significant member uptake of the cards. I encourage those members who have not yet made an application to do so.

An application form can be obtained from BarWeb or by contacting the Bar Office. The applicant member must submit the completed application form to the Bar Office for verification. The member will be advised by email from the Bar Office, once their application has been processed.

Photographic identification will be taken of an applicant barrister at the Brisbane Supreme Court Security Desk located at 304 George St, Brisbane by prior arrangement normally between the hours of 1pm and 2pm, Monday to Friday. At this time, the applicant must also sign and submit a copy of the terms and conditions and pay a fee of $10 for the first issue of a card.

Applicants will be advised by Supreme Court Security the approximate collection date. Please extend all due courtesy to security staff.

I hope to have the access card scheme extended soon to the Magistrates Court in Brisbane and then provincial courts.

Annual Conference

The March BAQ conference at the Gold Coast was an outstanding success. Over 400 members attended. The session on “10 things I hate about you” was as memorable as any I have sat through.

I thank all our sponsors, in particular our chief sponsor Mercedes Benz (please consult them about the great deals they are presently offering).

The Hon. Justice John Logan RFD has accepted my invitation to chair the BAQ annual conference committee. Justice Logan succeeds the Hon Justice Glenn Martin who has served as de facto Chairman for many years.

The Association is indebted to Justice Martin for his tireless efforts.

The annual day long BAQ North Coast CPD will be held on Saturday 20 August 2011. I will be attending.

Motions for Life Membership

At the November AGM I will be proposing the Hon Justice Glenn Martin and AAT Deputy President Philip Hack S.C. (a former long serving BAQ and ABA treasurer) be appointed life members.

These jurists (who are also members) have been BAQ stalwarts for 25 years.

New Rules of Conduct

I have written to the Deputy Premier and Attorney General advising that the Bar Council on 14 June 2011 adopted the ABA Model Rules of Professional Conduct and requested that, under s 225 of the Legal Profession Act 2007, he notify by gazettal the making of such rules. Until gazettal, they lie inchoate.

The underlying purpose of the new rules is to clearly essay standards of conduct applicable to barristers which are appropriate in the interests of the administration of justice. The new rules, like those currently in effect, have been drafted on the basis that barristers:

• owe their paramount duty to the administration of justice;
• must maintain high standards of professional conduct;
• as specialist advocates in the administration of justice, must act honestly, fairly, skilfully and with competence and diligence;
• owe duties to the courts, their clients and barrister and solicitor colleagues; and that
• should exercise their forensic judgments and give their advice independently and for the proper administration of justice, notwithstanding any contrary desires of their clients.

Importantly, the new rules provide a uniform and consistent approach across Australia and will provide members of the profession, the public and regulators with a clear and consistent structure to govern the professional conduct of barristers. They have been, or are about to be adopted in most states and territories.

Members will be advised once notice of the gazettal has been received. The new rules are on the website.

Legal Aid

On 15 June I was interviewed by Samantha Bowers of the Australian Finance Review for a response to the state budget.

The Commonwealth contribution to legal aid under National Parliamentary arrangements has slipped from 50% to 35% since 1997. State Governments have not made up the shortfall.

In consequence many fall through the cracks, self-representation is rife and fee rates paid to lawyers are appalling.

AFR quoted my (as usual) blunt comments in the legal pages on 17 June.

Women’s Issues

BAQ has assisted or sponsored recent functions conducted by the Women’s lawyers Association and Women’s Legal Service.

Further, this edition of Hearsay is a product of the Association’s call for female members to be the principal edition contributors.

Senior Council Consultative Group

The Bar Council, on my nomination, has appointed the following members to the Senior Counsel Consultative Group (SCCG) for 2011:

Mark Hinson S.C.

Andrew Crowe S.C.

Peter Flanagan S.C.

Keith Wilson S.C.

Roger Derrington S.C.

Ross Martin S.C.

I thank these members for accepting nomination and appointment. The balance of the group is made up of the Vice-President, Roger Traves S.C., and me. I chair the group and, in the event of deadlock, hold a casting vote.

The group’s deliberation and product are strictly confidential. Please respect that. No member applicant ought assume that if he or she makes the group’s list, appointment to the rank at the behest of the Chief Justice will ensue (or vice versa). It does not work that way.

Further information in relation to 2011 applications under the Senior Counsel protocol will be published in due course.

 Retirement of the Northern and Far Northern Judges

A valedictory ceremony will be held for Justice Kerry Cullinane, a life member of the Association, in Townsville on Friday 15 July 2011 followed by a dinner on Friday 22 July. The Vice-President, Roger Traves S.C., will be attending and speaking for the Association on both occasions. Unfortunately I cannot attend due to being on leave.

The Association is contributing substantially to a portrait of Justice Cullinane.

In the case of Justice Stan Jones a valedictory ceremony will be held in Cairns on Friday 2 September 2011 followed by a dinner on Saturday 3 September 2011. I will be attending both occasions and speaking, at least at the first of those. The Association is a sponsor of the dinner for Justice Jones.

I encourage members to attend these events to honour two great jurists.

I expect a replacement for each judge will be announced shortly prior to the respective retirements.

Redevelopment of the Ground Floor Inns of Court

Work is progressing well on the redevelopment of the ground floor of the Inns of Court.

The new premises will be approximately 633 square meters which will include a new teaching room for the provision of CPD with a capacity of 100 members (including the ability to podcast the seminars to members outside of Brisbane), a number of meeting rooms for the Association’s numerous committees and a small Common area.

The existing floor space is 460 square meters much of which cannot be effectively used. A considerable portion of the new space will be devoted to providing improved member services and to consolidate the Association’s staff into the one area.

I envisage that the Association will be fully operational from the new offices from 1 September.

I thank Barristers Chambers Pty Ltd (the owner of the Inns) for their considerable effort and co-operation in this endeavour. I thank also Jim Murdoch S.C. as chairman and the board of Barristers Services Pty Ltd for their steerage on this important issue on our behalf.

BAQ Organisational Review

The Bar Council and the Board of Barristers Services Pty Limited has received from Vincents, Chartered Accountants, the findings from their organisational review of the Bar Association and its commercial arm, Barristers Services Pty Limited.

The report will be considered and acted upon over the balance of this year.

Mullenjaiwakka Trust

The Mullenjaiwakka Trust Working Group was established comprising Robert Gotterson QC (Chairman), Dan O’Gorman S.C., John Fraser, Nathan Jarro and Dan O’Connor.

The Working Group met on numerous occasions after its establishment. The Trust has already been able to provide material assistance by grants to a number of our indigenous members.

Members are asked to give generously to this worthy cause. Any donation to the Trust is taxed deductable. I have refrained from pressing you to date because of the Queensland flood and NZ earthquake appeals.

Association Website

The Chief Executive, Dan O’Connor, recently reported to the Bar Council on progress in relation to the redevelopment of the Association’s website, BarWeb and the upgrading of the database.

Significant work has already been undertaken on the database to facilitate the introduction of the new Life Insurance and TPD scheme. It is interesting to note that BarWeb is a resource extensively used by members. The “hit rate” for BarWeb, on average, is 1,324 daily visits.

It is anticipated that the new website will be functional in September 2011 to coincide with the changes in the Association’s premises and will follow the completion of the practising certificate renewal period. One of the significant enhancements already completed is the ability to upload a photograph for use in the “Find a Barrister” section of the site.

It is proposed that the BarWeb site will be significantly enhanced and modernised. The site development will allow Association staff to harbour greater capacity to control the content of the site and to make the processes (like signing-up) a lot more streamlined.

Services will include on-line registration for CPD and Conferences and an ability to change personal and professional details etc.

The implementation process will be phased in over time.

Insurance — Disclosure of Mental Illness

Late last year, I wrote to members about the Association pressing the insurance industry to provide a better deal for members with a history of mental illness, both in respect of life and disability cover. Some members with such history have been unable to obtain such cover, while others have unsuccessfully sought increased cover.

We enjoyed a breakthrough with Suncorp. The Association was advised by Suncorp, after the submissions from the Association and further consideration, it was prepared to adopt a fresh, and importantly favourable approach to proposals for cover or increased cover from members with such a history.

A significant number of members have since found a better response.

Members who have previously been refused insurance, or have been offered inadequate, exorbitantly priced or unfairly conditioned insurance, ought seriously consider their position. Should you wish to pursue the issue I suggest that you contact Stuart Carter or Anthony Brown from MLIG, Suncorp’s agent, on 07 3362 4928 / Freecall 1800 552 555.

No doubt Suncorp will not be able to assist every member. But if it can assist some who were previously apparently uninsurable or otherwise under-insured, then that is no bad thing.

BAQ Indigenous Student Mentoring Scheme

The Bar Council recently established a scheme for mentoring indigenous senior secondary school and tertiary students. This is intended to encourage such students to complete tertiary studies and to consider a career in the law.

Most indigenous children in Queensland confront financial, social and educational limitations to full education. This results in many not completing secondary, let alone tertiary education, and not entering professions including the legal profession.

Several organisations exist to afford indigenous children the opportunity for a first-class secondary education through scholarships to attend some of Australia’s leading private schools. A number of private schools have their own scholarship programs.

The scheme is being promoted to schools and universities around Brisbane. This year it will be limited to Brisbane. We hope to expand it throughout Queensland in 2012, depending on sufficient interest and support from barristers and judges in the regions.

More details of the scheme, and guidelines for mentors are available by contacting the Bar Office. Ken Barlow S.C. is the progenitor and co-ordinator of this scheme. I thank Ken for his efforts.

Please feel free to call Ken (07 3100 2499) or the Chief Executive, Dan O’Connor (07 3238 5100) if enquiries need be made.

Young Members

BAQ harbours a large body of new and enthusiastic members. I welcome them as colleagues.

The Association, however, is not in a position to guarantee that all who come, however bright and industrious, will command briefs. Do, however, try to steer work their way so experience may be acquired.

New members ought be (conservatively) innovative in seeking work. Articles in Issue 49 of Hearsay afford assistance in that respect.

Help is Available

Remember help is at hand if members have difficulties, whether ethical, pertaining to practice or personal.

The Ethics Counsellors names and contact details are on the BAQ Website. In addition my door is always open.

Before availing either avenue, however, do attempt to work out a provisional solution. This expedites the ultimate resolution.

Vacation

Many members will be vacationing in July and September.

Whether you stay home or travel, be safe and cherish the extra time spent with those you love.

Richard Douglas S.C.

President