THEMIS-Issue11-09 - Australian Women Lawyers
Transcription
THEMIS-Issue11-09 - Australian Women Lawyers
Themis › ISSUE 11 2009 ISSUE 11 - APRIL 2009 1 (1) Passing on the patronage from the Honourable Mary Gaudron to the Honourable Chief Justice Diana Bryant (2) Georgia McMaster, Mary Anne Ryan and Leonie Kennedy (3) Georgia McMaster with the Honourable Justice Virginia Bell of the High Court of Australia (4) Chief Justice Bryant pinning the Patron’s broach (5) The Honourable Mary Gaudron, Chief Justice Diana Bryant, Fiona McLeod and Georgia McMaster (6) Attendees at the Patron’s Cocktail Party (7) AWL Board Members (8) Fiona McLeod, Pamela Tate SC, Solicitor General of Victoria, Dominique Hogan-Doran and Jeanette RIchards (9) The Patron’s broach - Cognac and white diamond and gold (1) (2) (6) (3) (7) (4) (8) (5) (9) On the concept of role models for female lawyers, Her Honour alluded to the words of Polonius spoke to his son Laertes in Hamlet – “This above all: to thine own self be true”. “We need to be ourselves, to display our own characters with our own faults, not emulate old dinosaurs like me,” she said. ‘Being a professional lawyer is hard work. You don’t need the added burden AZADEH KHALILIZADEH of being someone who you are not.” Her Honour celebrated the great strides that have been made The attendees at the Patron Cocktail since the inception of AWL. There are now Party on 20 February 2009 at the Law three women that have been appointed to WE STILL HAVE A LONG WAY the High Court, a female Governor General Society of NSW were delighted to TO GO FOR IMPROVING hear the outgoing Patron Justice Mary of Australia and a female judge sitting on OPPORTUNITIES FOR WOMEN Gaudron provide her views on the every Supreme Court of each state and importance of the Women Lawyers IN THE LAW, ESPECIALLY AT THE territory. Her Honour emphasised that there Association of NSW (WLANSW) and the Australian Women Lawyers (AWL). BAR WHERE OVERNIGHT BRIEFS are issues that still need to be tackled, ARE HARD TO ACCEPT WITH A Celebrating the handover of the AWL including but not limited to: Patronage from the Honourable Mary > Working conditions for young YOUNG FAMILY AT HOME. Gaudron QC to the Honourable Chief lawyers; and Justice Diana Bryant of the Family Court > Developing flexible working hours of Australia on Friday 20 February, Justice Gaudron highlighted that – however not in the Howard sense of flexible for the bosses. women’s associations such as WLANSW and AWL are needed for friendship, advice and support. In this light, Her Honour was delighted to hand over the patronage PATRON COCKTAIL PARTY 2 Themis › ISSUE 11 2009 (2) (1) to Justice Bryant, who she believes is a “true feminist who believes in the rights of women”. Accepting the patronage, and the AWL gift of cognac and a white diamond gold broach, Justice Bryant recognised that you can still be yourself and have role models. Justice Bryant explained that for her this was her mother who had demonstrated a life long commitment to the law and to the audience’s delight the inspirational and modest Justice Gaudron. Justice Bryant agreed with Justice Gaudron that we still have a long way to go for improving opportunities for women in the law, especially at the bar where overnight briefs are hard to accept with a young family at home. In presenting the handover, AWL President Georgia McMaster also echoed Justice Bryant’s call for breaking down the stereotypes. “I hope Diana provides assistance and guidance over the coming years,” she said. THE BROOCHING CEREMONY When Mary Gaudron was set for retirement, the Board thought that a gift was appropriate from AWL, as Mary had been our patron from the organisation’s inception. It took two tireless crusaders a whole day, many miles, countless jewellery stores and much expenditure on “must have” items for themselves (so much so that one of the crusaders received a phone call from a concerned spouse about expenditure on the credit card - had she been mugged or had her purse stolen??) John Tarasin was cornered in his little shop in Sydney and held to ransom until he handed over the incredibly beautiful broach. I am told that money did exchange hands, though AWL certainly appears to have been on the better side of the bargain. As Mary decided that she could not accept such a generous gift to keep, she unilaterally determined that it be passed on. It has become the Patron’s Broach, to be worn loudly and proudly. In February this year, Diana Bryant accepted the broach and agreed to be the AWL Patron. Thank you Diana! (1) Christine Melis and Liz Ruddle at the VWL-WBA Meet and Greet (2) Astrid Haban-Beer, Ruth Hamnett and Fiona Ryan ‘meeting and greeting’ at the Meet and Greet WOMEN BARRISTERS ASSOCIATION REPORT KIM KNIGHTS The Meet & Greet function co-hosted by the WBA and VWL is one of the most popular social events on the WBA calendar. The function is designed for female barristers and solicitors to meet and get to know each other to their mutual advantage. Just as men folk have been attending Oakes Day races (traditionally Ladies’ Day for interstate readers) in increasing numbers, so the men folk have started attending the Meet & Greet function in increasing numbers. All genders are welcome. The function was held on 11 September 2008. On 19 November 2008 WBA’s Convenor Joye Elleray and Committee member Kim Knights presented to the September 2008 intake of Bar Readers on the WBA. The presentation is given to each intake of Bar Readers (there are two per year) and covers the purposes of the WBA, information of particular interest to women at the Bar (such as the Parents’ Room, BCL’s parental leave rent subsidy and the Victorian Bar’s parental leave subscription subsidy) as well as the social aspects of the WBA. The WBA together with the VWL & the Victorian Law Foundation hosted the Legal Laneway Breakfast on 3 February 2009. The Legal Laneway Breakfast is held on the day following the opening of the legal year but celebrates the opening of the legal year. The Victorian Attorney General attended as a guest speaker. The breakfast was attended by approximately 400 people, including many judicial officers, women barristers & solicitors & members of community organisations. The men folk have also started attending the Legal Laneway Breakfast in increasing numbers. All genders are welcome. As reported in the last edition of Themis, in June 2008 the WBA received a grant from the Legal Services Board for audio interviews of early pioneer women barristers and in some cases their friends and family. WBA Committee member Simone Jacobson has been working with journalist Juliette Brodsky to see this project through to completion. It is hoped that the project will be completed in time for presentation at Law Week commencing 11 May 2009. This year the WBA will again participate in the Law Student Mentoring Program. The Program is to be launched on 1 April 2009. 3 (1) (2) (1) The Victorian legal profession gathers at the Legal Laneway Breakfast 2009 to mark the beginning of the legal year (2) The Hon. Deputy Premier of Victoria and Attorney-General, Rob Hulls, addressing the masses at the Legal Laneway Breakfast VICTORIA REPORT VWL held a number of successful networking events in 2008 including: > Our annual members and guests night (with magician Cath!) > A joint event with Australian Corporate Lawyers Association (ACLA) > Our annual meet and greet in conjunction with WBA JENNIFER KANIS The second sexual assault forum was held in September and the theme was “Women, Sports and the Law.” Our impressive line-up Victorian Women Lawyers had a very busy end to 2008 and we owe much of our success to the successful stewardship of Chris Melis the of speakers was Dr Melanie Heenan from the AFL Respect and 2008 convenor and our dedicated committee and executive members. Responsibility program, Dr Nikki Wedgwood, Sociologist in the A highlight of the year was the Lesbia Harford Oration. Lin Faculty of Health Sciences at the University of Sydney; Amelia Hatfield Dodds President of the Burgess, sports lawyer at Lander and Rogers; with Convenor - Dr Vivian Waller, Australian Council for Social A HIGHLIGHT OF THE YEAR Principal of Waller Legal, lawyer in the Services gave a thought provoking WAS THE LESBIA HARFORD (2) and inspiring address on “Protecting field of sexual assault cases. ORATION. LIN HATFIELD DODDS Women’s Rights”. A copy of the Our year ended with the publication address is available on the VWL of our journal Portia. The publication is PRESIDENT OF THE AUSTRALIAN website. impressive and I encourage you to read COUNCIL FOR SOCIAL SERVICES We launched three new work an electronic copy on our website. GAVE A THOUGHT PROVOKING practices protocols to complement Victorian Women Lawyers have had a good start to 2009. In January we held the successful Job Share protocol. AND INSPIRING ADDRESS ON Part time work, Working from home a planning day where we set out our “PROTECTING WOMEN’S RIGHTS”. and Flexible work practices. The agenda for the year. It is an ambitious protocols were launched to coincide agenda which builds on the significant work we did last year. with the commencement of new provisions in the Equal Opportunity Act 1995 (Vic) which give greater protection to workers seeking to Our first function for 2009 was the Dame Roma Memorial balance work and family live. The protocols were launched by Jaala Luncheon. Catherine Branson QC, President of the Australian Human Rights Commission delivered the keynote address on Pulford MLC, Parliamentary Secretary for Industrial Relations. Three practitioners spoke at the launch and provided a personal “A Human Rights Act for Australia”. The paper is available on insight into their career and working lives. the VWL website. 4 Themis › ISSUE 11 2009 (2) NEW SOUTH WALES REPORT MARY C SNELL (3) (2) Kate Ashmor (VWL Executive Member), Christine Melis (VWL Immediate Past Convenor) and Astrid Haban-Beer (VWL Assistant Convenor) at the Legal Laneway Breakfast 2009 (3) The panel at the VWL protocols launch talk frankly about working flexibly at their respective law firms We have been meeting with all our sponsor firms. It has been pleasing to find that all the firms we have spoken to date are continuing their support of VWL with many firms wanting to become more active within VWL. We held our annual sponsors and friends dinner in February. The dinner was attended by representatives of our sponsors, members of the judiciary, the current executive and past convenors. It is a great opportunity for VWL to express our thanks to our sponsors and supporters. The law student mentor program was a great success last year and we are running the program again in 2009. Calls for expressions of interest for both mentors and mentees have gone out and we have already received a great response. As happened last year – we have many more students wanting mentoring than we can match but we are confident that a large number of students will benefit from the program. At the end of January, I spoke at a conference entitled “Elevating the status of women in firms through culture change”. My presentation focussed on the experience of women in firms as evidenced through VWL research and the type of change needed. VWL is committed in 2009 to conducting much needed research into attrition. The Work Practices Committee is working with RMIT to conduct research into attrition of female lawyers. The project has received funding from the Victorian Law Foundation and the scoping study will begin shortly. VWL has been spearheading a Women Migrant Legal Information Booklet. The Victorian Law Foundation will place an intern with VWL in 2009 to progress the project. On 27 November 2008 I was elected President of the Women Lawyer’s Association of New South Wales. In the latter half of 2008, considerable time and energy was committed to securing ongoing sponsorship for WLA NSW as we ended our relationship with former major sponsor, National Australia Bank. After formulating a sponsorship proposal, we were very pleased in November 2008 to welcome the Law Society of NSW as Principal Sponsor and Diamond Financial Solutions as Platinum Sponsor. In securing the financial position of WLANSW, intent focus was also given to the planning of fresh events for our members. On 8 December 2008, we launched the inaugural lunch of our Corporate Lunch Series which featured the Honourable Michael McHugh QC as guest speaker and attracted over 120 attendees. Our February corporate lunch held 23 February 2009 featured Lucinda Chan of the Macquarie Bank. Each of these lunches was sponsored by corporate member Tress Cox Lawyers. Our March lunch to be held 24 March 2009 will feature Ilana Atlas of Westpac and is being sponsored by corporate member Middletons Lawyers. It is very pleasing that our corporate lunch series is able to offer corporate members and their colleagues a chance to network over lunch as well as enjoy hearing from such strong guest speakers. In addition to fresh events, our Workplace Practices Subcommittee continues to support the quarterly Work2Suit joint initiative with the Law Society of NSW in hosting alternate forums. So too, our Environmental Law Subcommittee held a forum on 28 October 2008 featuring Monica Barone, CEO of the City of Sydney Council regarding “Sustainable Sydney:2030”. In September 2008, WLA NSW was invited by the Attorney General’s Department of NSW to participate in the Standing Committee of Attorney General’s (SCAG) Harmonisation Conference, which proved a constructive and informative experience. On 12 November 2008, our NSW AWL Board Representative, Lee-May Saw, appeared on behalf of WLA NSW and AWL, in Adelaide, at a public hearing for the Productivity Commission’s Paid Maternity, Paternity, and Parental Leave Inquiry, following the release of the Commission’s draft Interim Report. At the public hearing, a WLA NSW “Worst Possible Outcome” position that took into account the likely effects of the economic crisis was put to the 5 Commission. This position was outlined in a subsequent written submission to the Commission drafted by Lee-May and submitted on 28 November 2008. VWL joined WLA NSW in adopting the “Worst Possible Outcome” position in the written submission. The Policy, Law Reform and Media Issues Subcommittee held its first meeting on 12 February 2009. WLA NSW has convened a specialist Research Project Committee this year under the guidance of our Patron Justice Jane Mathews AO of the Supreme Court of NSW. Our two female Law school Deans in NSW, namely, Professor Gillian Triggs of Sydney University Law School and Professor Jill McKeogh of UTS Law School currently sit on this Committee. The objective of this committee is to source an inquiry into the current state of research in NSW in relation to attrition rates, career intentions, and the position of women at the Bar in particular but across the profession more generally. The subcommittee is currently exploring the potential to be involved in a national survey project being co-ordinated through the ANU which survey is dependent on both the recruitment of a demographer and funding. The subcommittee hopes that by mid year a research questionnaire can have been formulated and distributed to penultimate year law students at least in NSW. On 20 February 2009, WLA NSW was delighted to co host with AWL a cocktail function at the Law Society of NSW acknowledging the contributions of The Honourable Mary Gaudron QC as outgoing patron and welcoming Her Honour Chief Justice of the Family Court of Australia, Diana Bryant as incoming patron. The event was a great success attended by over 130 members and guests. In addition to our research project and corporate lunches, this year WLANSW will be holding its bi-annual Women’s Achievement in Law Awards. The function will be held 25 September 2009 at Watersedge in Sydney. We have formed an awards subcommittee that is busily planning and organising this event which will be our major function for 2009. WLANSW is very fortunate not only to be in a strong financial position but also to flourish under the enthusiasm and commitment of our 2009 Executive and Committee which includes many new and active members. 6 NORTHERN TERRITORY REPORT GEORGIA MCMASTER In September 2008 the NTWLA elected Lindy Morgan to continue as President, with a new committee. The committee then decided to make a “Christmas donation” to the children of a local women’s refuge. One of the members of the MC then approached other members of the profession to contribute to the christmas fund and better the $500 originally pledged by the Association. At a function hosted by Justice Sally Thomas on the balcony of the Supreme Court, well over $1000 was presented to the children of the refuge. As it was such a lot of money, NTWLA was told that the money would be used throughout the year to make the children’s lives more fun. Looking ahead, NTWLA will host a quiz night in April, to raise much needed funds, both for the organisation and to further assist THE COMMITTEE THEN DECIDED TO MAKE A “CHRISTMAS DONATION” TO THE CHILDREN OF A LOCAL WOMEN’S REFUGE. ONE OF THE MEMBERS OF THE MC THEN APPROACHED OTHER MEMBERS OF THE PROFESSION TO CONTRIBUTE TO THE CHRISTMAS FUND AND BETTER THE $500 ORIGINALLY PLEDGED BY THE ASSOCIATION. the women’s refuge. Finally, Justice Sally Thomas will retire in the coming months, leaving a position open on the Supreme Court Bench. As Thomas J is the only woman on the bench at present, it is hoped that when appointment time comes the government will see fit to have at least one woman on the bench. Themis › ISSUE 11 2009 WLQA Awards Dinner (1) Leneen Ford AC, Therese Wilson from Griffith University and Margaret McMurdo AC (President Qld Court of Appeal). (2) Woman Lawyer of the Year, Margaret Brown (3) Olivia Perkiss (President WLAQ), Emergent Woman Lawyer of the Year Samantha Lentell Senior Associate, Clayton Utz Lawyers (1) (3) (2) QUEENSLAND REPORT OLIVIA PERKISS The Women Lawyers Association of Queensland (WLAQ) has had an active few months, hosting our Gala Awards Dinner, the AWL AGM, Christmas drinks and launching their first dedicated function for the members, and prospective members of the Queensland Bar. Last year our major function for the year was our Awards Dinner. The Awards were announced at a Gala Dinner on 12 September 2008. The night was a huge success with over 130 guests attending the event, which not only crowned the WLAQ Woman Lawyer of the Year and Emergent Woman Lawyer, but also celebrated the success of women by featuring a panel discussion from four of our industry leaders – Leneen Ford AC (Chancellor, Griffith University), Megan Mahon (President, Queensland Law Society), Jean Dalton SC (Barrister, Queensland Bar) and the Hon President McMurdo AC (President of the Queensland Court of Appeal). The WLAQ Awards are designed to acknowledge the achievements of our female practitioners. The Emergent Woman Lawyer of the Year award was open to female practitioners who have been admitted for 5 years or less and the Woman Lawyer of the Year award was open to any category of admission. The Woman Lawyer of the Year was won by Margaret Brown, Consultant, Minter Ellison Lawyers and the Emergent Woman Lawyer by Samantha Lentell, Senior Associate, Clayton Utz Lawyers. Historically the Woman Lawyer and the Emergent Woman Lawyer would be announced biennially with the Regional Woman Lawyer of the Year being announced each other year. This year, the executive committee moved to host an Annual Awards Dinner whereby the three awards, the Woman Lawyer of the Year, Emergent and Regional Woman Lawyer would all be announced at once. Our major event for 2009 will again be our Awards Dinner, which will be held in mid to late August 2009. On 14 November, WLAQ and QLS ran a joint educational seminar titled, “Advocacy and Career Development”. This year we will be holding another seminar on professional development but this time over breakfast on the 5th of August. The last function for 2008 was our Christmas Drinks, which were celebrated at the Griffith University Dell Gallery. We invited some local designers to display their jewellery, which allowed members to not only celebrate the end of yet another busy year but also splurge and finalise their Christmas shopping for the year. Our first function for 2009 was held on 5 March in the Bar Association common room. The event titled, ‘Women at the Qld Bar’ provided WLAQ members and guests with an opportunity to meet new and existing Barristers, as well as learn more about the role of Barristers, practising requirements and the Bar Practice course. The event also included a discussion and Q&A session with Elizabeth Wilson and Susan Downes, both members of the Queensland Bar and Margaret Voight, Warden of the Bar Practice Course. With over 70 participants the function was a great way to kick off the 2009 event calendar. On 22 April, WLAQ will announce the Una Prentice Awards. The Awards recognise the achievements of the highest graduate female law student from each Queensland University. During 11-15 May, WLAQ will host its first formal lunch in Cairns to celebrate Queensland Law Week - the law and your community, celebrating 150 years. Registration for this event will open shortly, however expressions of interest can be mailed to events@wlaq.com.au. The WLAQ AGM will be held sometime in June. This year a number of our key committee members will be standing down however its future looks bright with dedicated members standing up to take on the challenging role of directing WLAQ through their ups and downs and in to the future, which for Queensland practitioners looks bright despite the financial crisis. 7 TASMANIA REPORT MARY-ANNE RYAN SOUTH AUSTRALIA REPORT KERRY CLARK Women Lawyers SA concluded 2008 with our annual Christmas drinks with the judiciary. Once again this was our biggest social event of the year and we were pleased to have such a large number of judicial officers in attendance. A number of our members attended the IWD breakfast which was, as has become the tradition, ably organised by the staff of the Hon. Minister Penny Wong and a significant fundraiser for Unifem. This month we are, for the first time, participating in the Careers Fairs held by Adelaide University and Flinders University Law Schools. WLSA will have a stall at each, promoting WLSA and the benefits available to members. We will also be hosting our third annual careers seminar at Adelaide University at which four women speakers will outline where their law degrees have taken them. The aim of this event is to showcase the diversity of career options available to law graduates, particularly as the larger commercial firms tend to dominate the Careers Fairs. In the past we have invited speakers from government, community legal centres, legal aid, country and small practices, inhouse counsel, the independent Bar and the business sector. In April WLSA will be launching our re-vamped website at a gala party at Edwards Marshall (an accountancy firm) who have generously sponsored this event. Our Patron, the Honourable Justice Margaret Nyland, is to be our special guest and speaker. In December of 2008, the Chief Justice appointed three (male) Senior Counsel, the first to be appointed in SA since the previous Queen’s Counsel appointment process was replaced. Under the new system, WLSA is one of the professional bodies consulted prior to the final decision being made by the Chief Justice. There was considerable media coverage of the fact that no women had applied for appointment in 2008. This lead to a meeting in February 2009 between Chief Justice Doyle, Chief Judge Worthington and the Presidents of each of the Law Society, Bar Association and WLSA at which measures to support and retain women at the Bar were discussed. The committee of WLSA looks forward to working with the executive of the Bar Association in particular with a view to implementing new initiatives with this aim. 8 Tasmanian Women Lawyers held their AGM in December. The 2009 Committee Members elected were Mary Anne Ryan as President, Bridget Rheinberger as Secretary, Alison Wells as Treasurer, Maree Nettlefold, Lina Howroyd, Louise Peacock, Noelle Rattray and Susan Fahey form the remainder of the committee. TWL was delighted with the appointment of Barbara Baker as Federal Magistrate last November. Federal Magistrate Baker has long been a member of TWL and has offered sound advice and support to TWL over the years, as well as to countless practitioners. TWL joined with the profession in welcoming and congratulating Federal Magistrate Baker on her appointment. We held our first function of the year: a cocktail party at Despard Gallery this month. Members of the judiciary attended, as did a number of magistrates and other senior members of the profession. We were fortunate in that the Full Court of the Family Court was sitting in Hobart at the time and able to join us as well, including AWL Patron Chief Justice Diana Bryant. The function was open to all women lawyers & law students. Everyone had a great time and we look forward to further involvement of students in the organisation. We are also very grateful to Butler McIntyre & Butler for sponsoring the event. Our aims this year are to establish a formal mentoring system and further promote women lawyers at the bar in Tasmania. We will also be conducting a survey to ascertain how will can better meet the needs of our membership. TWL has recently launched a new website : www.twl.asn.au . Please visit the address or feel free to contact me if you would like to know more about TWL. WESTERN AUSTRALIA REPORT ELIZABETH NEEDHAM AGM On 15 October 2008 our President, Rebecca Lee, retired from the position having recently become our AWL Board member. The membership then elected a new committee as follows: President: Vice-President: Secretary: Treasurer: Committee: Elizabeth Needham Judy Seif Anne Wood Anne Lopez (Newsletter Co-editor) Patricia Aloi Amanda Bishop Elspeth Hensler (Membership and website) Joanna Lamparski Laura Michelmore Cathryn Timms (Newsletter Co-editor) Themis › ISSUE 11 2009 All excepting the position of Vice-President were elected unopposed. In addition WLWA has 6 co-opted Committee members who were duly appointed by the Elected Members at our first Committee Meeting. They are: Kathryn Hogan (Mentoring Officer), Gigi Visscher, Joy Horwood, Valerie Hodgins, Naomi Martin and Penny Robbins. The new committee steamed into operation with a half day planning meeting held on 23rd November 2008 to co-ordinate the very busy year ahead which includes our seminar/workshop programme, mentoring, social and community programmes, various policy projects, our awards and our gala event - the Honours Dinner. WELCOME TO THE ARTICLED CLERKS Since at least 1987 each year WLWA holds a function at which female articled clerks are able to meet members of the judiciary (male and female) and experienced women in the profession. It gives our articled clerks exposure that they may not otherwise have to the judiciary and the ability to start to create some of those networks that are so important in practice. In the past this function has been held in the middle of the year, but in 2008, in what might be considered the greatest form of flattery, the Law Society of Western Australia held its own similar function – combined with a function for celebrating long service in the profession. As a result of the Law Society function being held in July WLWA delayed our function to the October. This function has always been a great success and WLWA is very appreciative of the support shown by the members of the judiciary who give up their time to attend and provide encouragement to the articled clerks. This year the function was held in the then recently opened new District Court Building. Our Patron, Her Honour Chief Judge Antoinette Kennedy welcomed everyone and in accordance with our tradition, two articled clerks or recently admitted practitioners spoke about their journey to law – Belinda Coleman (a former Police Officer, now turned commercial lawyer) and Marlene Rudland (originally from Lebanon and who was formerly a public servant in the defence forces and a paralegal at Legal Aid WA). Their stories were inspirational. NETWORKING LUNCHES As a result of the success of our first WLWA lunch held shortly after the AWL conference in 2008, we commenced holding regular networking lunches at a central location in the CBD on the 4th Tuesday of each month. The venue has no requirement for us to book and ordering is on arrival by each individual so members can come and go as they please. It has provided a forum for making connections, identifying issues and sharing experiences and will remain a standard feature of the WLWA calendar for 2009. CHRISTMAS FUNCTION The 2008 WLWA Christmas function was held on 17 December at Ecucina. It was a great opportunity for our members to wind down for Christmas and toast the season. Entertainment was provided by their String Quartet from MLC. We were very fortunate to have Gail Archer SC address us in fine Christmas spirit on the topic Whiskers on kittens and lipstick on pit bulls. It was a light hearted and insightful look at us and women generally who are in the public eye – so of course Sarah Palin was not without mention. The messages woven into the fabric of Gail’s address were not missed by her audience many of whom commented on similar experiences or how helpful those comments were. At the end of the evening (and some hour after the allotted finishing time) the remaining committee members had to ‘encourage’ attendees to head home – clearly a good night was had by all. CPD ACCREDITATION 2009 is the commencement of compulsory Continuing Professional Development (“CPD”) for all persons who want to practice or continue to practice as a Legal Practitioner. It is not a dissimilar system to that interstate. WLWA has for many years provided seminars and workshops to members. In order to properly service our members we have recently become a Quality Approved provider appointed by the Legal Practice Board. Although our costs will increase, the seminars and workshops will continue to be provided at a reasonably low cost to ensure women working part-time, or wanting to return to the work force or those women who have traditionally worked in the lower paid legal jobs are able to attend. We are aware of the need for seminars and workshops that accrue points for our members but also note that some of the seminars and workshops sought by our members would not attract points such as seminars on personal safety or handling stress or creating a balance between work and private life. WLWA intends to retain both roles and has an ambitious programme which we will soon announce on our website. JUDICIAL APPOINTMENTS In the last 6 months there have been appointments to the Supreme Court, the Court of Appeal, the District Court and the Magistrates Court. Women have been appointed to the District and Magistrates Courts. Her Honour, Judge Felicity Davis, a long standing member of WLWA, an active supporter of education at the Bar (having been a coordinator of the Bar Readers Course for the last 2 years) and a member of Francis Burt Chambers was appointed in February 2009 to the District Court. Her Honour Magistrate Tanya Watt has been appointed as a Magistrate in the Kalgoorlie district. Magistrate Watt was most recently a prosecutor at the Office of the Director of Public Prosecutions. Her Honour Magistrate Andree Horrigan, after about 16 years running her own criminal law practice in Perth has been appointed to the Children’s Court in Perth. WLWA warmly congratulates all 3 women and recognises their loss at the Bar and in the amalgam, and their great benefit to the bench. All 3 women were honoured at the WLWA gala dinner last month. 9 PRESIDENTS REPORT GEORGIA MCMASTER ACT REPORT LEONIE KENNEDY The past six months has seen further developments in the representation of women at senior levels in the legal profession with the appointment of Linda Crebbin as president of the newly formed Australian Capital Territory Civil and Administrative Tribunal (ACAT). Linda is a former president of Women Lawyers Association of the ACT. Here is what the President of the Law Society had to say on her appointment: “In Linda Crebbin the ACAT will have an outstanding General President and leader. Ms Crebbin is a woman of exceptional intellect, compassion and decision. Her organisational and management skills, honed as the former Deputy CEO of the ACT Legal Aid Office, will ensure that the “super tribunal” hits the ground running in 2009. Ms Crebbin, whilst a practising solicitor, stood successfully for election to the Society’s Council on which she served for 4 years. She rose to the executive position of Treasurer, from which she resigned for ethical reasons when she accepted the positions of the Children and Young People Commissioner and THE PAST SIX MONTHS HAS SEEN FURTHER DEVELOPMENTS IN THE REPRESENTATION OF WOMEN AT SENIOR LEVELS IN THE LEGAL PROFESSION WITH THE APPOINTMENT OF LINDA CREBBIN AS PRESIDENT OF THE NEWLY FORMED AUSTRALIAN CAPITAL TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (ACAT) Disability and Community Services Commissioner. “ Before her appointment to the ACT Human Rights Commission, Linda headed the ACT Legal Aid Office. 10 Since the last edition of Themis, we have farewelled Fiona McLeod SC as President, which role I have taken on, and Olivia Perkiss (from Queensland) stands as President-elect. Call it strategic succession planning - Olivia will be President when AWL hosts it’s third biennial conference in Brisbane next year. The past few months have been rather quiet for us in the scheme of the Global Financial Crisis (GFC), and the tragedy that unfolded in Victoria, not to mention the floods in Queensland. So far it appears that lawyers have not yet been hit as hard as other sectors, but what, amongst many things, the GFC has high-lighted is the need to protect the vulnerable persons of our society, and to that end AWL is still campaigning for paid maternity leave, and we also intend to weigh into the tax reform debate on behalf of women. Within the profession, the issue that we are forever talking about is the inequality of briefing, despite some major stakeholders endorsing the equal opportunity briefing policy. Fiona McLeod is still actively researching this matter, and putting the black- AS LAWYERS - WHETHER SOLICITORS, BARRISTERS, ACADEMICS OR POLICY MAKERS - WE ARE IN A PRIVILEGED POSITION IN SOCIETY, AND WITH THE PRIVILEGE COMES RESPONSIBILITY and-white figures in front of those stakeholders. Some of our associations have observed a drop in membership numbers, with junior women keeping away from the association due to the perceived prejudice against the members. What does such membership mean, if not to support and cultivate work and personal relationships? If women can’t trust each other and get in and support one another when the really important work needs to be done, then we will have failed not only ourselves and each other, but much more importantly, those who we seek to represent and assist. And that means the wider Australian community of women. As lawyers - whether solicitors, barristers, academics or policy makers - we are in a privileged position in society, and with the privilege comes responsibility. That responsibility is not to feather our own nest. We are not here to “compete” with the men for briefs, but to earn our fair share. Unity is the key. The Law Council of Australia is about to undertake a survey in each state and territory Supreme Court, the Federal Court and the High Court, collecting gender appearance data. As I’m a betting woman, I’ll bet we’ve a long way to go before we have equality in briefing! Themis › ISSUE 11 2009 POLICY AND LAW REFORM REPORT LEE-MAY SAW Under the direction of the 2008-2009 AWL Board, AWL continues to be regularly consulted on and contribute to policy and law reform issues affecting women in the legal profession and the broader community. issues that could benefit from harmonisation across State and Territory boundaries. WLA NSW, WBA, and Women Lawyers of Western Australia (WLWA), were invited to participate in the Harmonisation Conference. AWL proved an instrumental vehicle in facilitating communication and the sharing of ideas about potential areas for harmonisation which were put forward by WLA NSW, WBA and WLWA for discussion at the Harmonisation Conference. SENATE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE EFFECTIVENESS OF THE COMMONWEALTH SEX DISCRIMINATION ACT 1984 IN ELIMINATING DISCRIMINATION AND PROMOTING GENDER EQUALITY On 28 July 2008, AWL and the Women Lawyers’ Association of NSW (WLA NSW) made a joint written submission to the Senate UPDATE ON PRODUCTIVITY COMMISSION INQUIRY INTO PAID Standing Committee on Legal and Constitutional Affairs Inquiry MATERNITY, PATERNITY AND PARENTAL LEAVE into the Effectiveness of the Commonwealth Sex Discrimination Act On 12 November 2008, Kerry Clark, AWL Director and WLSA 1984 in Eliminating Discrimination and Promoting Gender Equality. Representative, and I, appeared in Adelaide before the Productivity The joint submission was adopted by the Women Barristers Commission at a public hearing for the Commission’s Inquiry into Association (Vic) (WBA), Women Lawyers Association of SA Inc Paid Maternity, Paternity and Parental Leave. Our appearance at (WLASA), and Victorian Women Lawyers. It supported the views the public hearing followed reports at the time that the federal expressed by the New South Wales Council for Civil Liberties government was considering backing down on its promise to “bite and the Human Rights Law Resource Centre in their written the bullet” and introduce a national scheme of government funded submissions to the Inquiry. paid maternity leave, and was citing the global financial crisis as the The Report for the Inquiry was released on 12 December 2008, reason for doing so. It also followed the release of the Productivity and is accessible online at: http://www.aph.gov.au/Senate/ Commission’s interim Draft Inquiry Report recommending a committee/legcon_ctte/sex_discrim/report/index.htm. national scheme of 18 weeks government funded paid parental The Report supports a comprehensive scheme for amendments leave at the federal minimum wage. and further focused reviews of the Sex Discrimination Act (SDA), At the public hearing, Ms Clark and I, on behalf of AWL, urged and is consistent with the recommendations in the joint AWL and the Commission to consider any impact of the state of the economy WLA NSW submission. on the Commission’s interim recommendations. On behalf of The following recommendations in the Report for the Inquiry are of particular note: WLA NSW only I additionally made submissions in relation to a “Worst > Recommendations 1, 2 and 3, AWL CONTINUES TO BE Possible Outcome Proposal”, in supporting amendments to the REGULARLY CONSULTED ON the event that the Commission did preamble and objects of the SDA, AND CONTRIBUTE TO POLICY find that the state of the economy including the introduction of required amendments to be made to references to obligations under AND LAW REFORM ISSUES international conventions other than AFFECTING WOMEN IN THE LEGAL its interim recommendations. This “Worst Possible Outcome Proposal” the Convention on the Elimination of PROFESSION AND THE BROADER suggested that a national scheme of All Forms of Discrimination Against 14 weeks government funded paid Women (CEDAW); COMMUNITY. parental leave be introduced initially > Recommendations 40 and 41, at the federal minimum wage with supporting further consideration of provision for a review towards increasing the period of government expansion of the obligations under the Equality Opportunity for funded parental leave in 12 months time. Women in the Workplace Agency Act 1999 (Cth) (EOWWAA) to Further written submissions addressing economic aspects, and public sector organisations, employers, educational institutions relevant legal aspects raised by the Draft Inquiry Report, were and other service providers, and incorporation of the EOWWAA made in an additional written submission to the Commission on 28 into the SDA; November 2008. The additional written submission was adopted > Recommendation 43, supporting a public inquiry by the Human by WLA NSW, WLSA, VWL, Northern Territory Women Lawyers Rights and Equal Opportunity Commission into the merits of Association, and Women Lawyers Association of Queensland Inc. replacing the existing federal anti-discrimination acts with a The WLA NSW “Worst Possible Outcome Proposal” was supported single Equality Act. by VWL in the written submission. On 28 February 2009 the Commission’s Final Inquiry Report was STANDING COMMITTEE OF ATTORNEYS GENERAL released to the federal government. The Final inquiry Report has HARMONISATION CONFERENCE not been released to the public to date. As International Women’s In September 2008, the Standing Committee of Attorneys General Day celebrations commenced on 7 March 2009 around the country, (SCAG) held its first Harmonisation Conference, modelled on there was a collective sentiment of disappointment among women’s harmonisation conferences that have previously been held in organisations at the thought that the federal government may very Canada. Delegates from legal and business sectors across the well yet again wriggle its way out of introducing a national scheme country were invited to participate in the Conference, which proved of government funded paid maternity leave. very constructive in identifying areas of law and legal professional 11 THE AUSTRALIAN WOMEN LAWYERS (AWL) IS PRIMARILY CONCERNED WITH ISSUES RELATING TO THE PRACTICE AND ADVANCEMENT OF WOMEN IN THE LEGAL PROFESSION. AWL BOARD MEMBERS President Georgia McMaster Northern Territory Women Lawyers Association Vice President Olivia Perkiss Women Lawyers Association of Queensland Secretary Leonie Kennedy Women Lawyers Association of ACT Treasurer Lee-May Saw Women Lawyers Association of New South Wales Board Member Kerry Clark Women Lawyers Association of South Australia Board Member Mary-Ann Ryan Women Lawyers Association of Tasmania Board Member Rebecca Lee Women Lawyers Association of Western Australia Board Member Christine Melis Victorian Women Lawyers Association Board Member Kim Knights Women Barristers Association Victoria For more information on Australian Women Lawyers, please see our website at www.australianwomenlawyers.com.au 12
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