THEMIS-Issue11-09 - Australian Women Lawyers

Transcription

THEMIS-Issue11-09 - Australian Women Lawyers
Themis › ISSUE 11 2009
ISSUE 11 - APRIL 2009
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(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
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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
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Themis › ISSUE 11 2009
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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.
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(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
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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.
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Themis › ISSUE 11 2009
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NEW SOUTH WALES
REPORT
MARY C SNELL
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(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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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