ByLawyers News and Updates

Adjustment of rent

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By Russell Cocks, Solicitor

First published in the Law Institute Journal

Rental properties present challenges at settlement and care must be taken when adjusting rent and dealing with a security deposit.

The starting point is GC 15 of the standard contract. But for an ‘adjustment’ condition in the contract, no adjustment of the purchase price would occur and the parties would simply have to accept that rent is in arrears or advance. But an adjustment condition allows the parties to adjust rent as at the settlement date on the basis that the vendor is entitled to the rent up to the settlement date and the purchaser is entitled thereafter.

No formal assignment of the landlord’s rights is required as s 141 Property Law Act confers upon the owner from time to time the right to recover rent due in respect of the property. Whilst it is common to enter into a Deed of Assignment or Transfer of the tenant’s rights under a lease, no such formality is required in the case of the transfer of the landlord’s rights to a new owner.

In the unusual situation where rent is paid up to the day of settlement, no adjustment between the parties is required. Where rent is paid in advance, the vendor must allow to the purchaser the amount of the prepayment beyond settlement day. Rent is deemed to accrue from day to day (s 54 Supreme Court Act) so rent is to be reduced to a daily rate and the rent for the number of days pre-paid is to be adjusted against the vendor. If rent is payable monthly, the monthly rent is multiplied by 12 and divided by 365 to give a daily rate. If rent is payable weekly, the amount is divided by 7 to give a daily rate.

Rent in arrears tends to present greater difficulties, not so much for the purchaser but for the vendor. In the absence of a Special Condition in the contract, the vendor cannot require the purchaser to allow to the vendor by way of an adjustment any rent due, but unpaid, at settlement. If the rent is in arrears, no adjustment is required. It is for the vendor to seek to recover arrears from the tenant and the vendor is aided by s 56 Supreme Court Act in this regard. This section provides that if the purchaser recovers arrears from the tenant, then the landlord is entitled to the arrears that relate to the pre-contract period. However a purchaser might not be inclined to issue proceedings against the tenant and the vendor would be wise to include a Special Condition requiring the purchaser to do so.

Alternatively, the vendor might issue proceedings against the tenant for arrears BEFORE settlement, as the vendor has the right to rely on the terms of the lease until settlement.

Security Deposit

A lease will regularly provide for the payment by the tenant of a security deposit to be held by the landlord to secure the performance of the tenant’s obligations under the lease. It is important that the purchaser makes arrangements for the transfer of this security deposit as the tenant will be entitled at the end of the lease to have the purchaser (as landlord) account for that security deposit. If the vendor holds that security deposit in the form of a cash bond, then adjustment may be achieved by the vendor allowing as an adjustment in favour of the purchaser the amount of the bond and the purchaser depositing that amount in an account under the control of the purchaser. Section 24 Retail Leases Act requires the landlord to hold the security deposit in an interest bearing account on behalf of the tenant and interest must be considered when undertaking this adjustment.

The tenant may satisfy the security deposit requirement by providing a bank guarantee. This presents particular difficulties upon the sale of the freehold. The guarantee will be made out in favour of the vendor and such guarantees CANNOT be assigned. Banks will only make payment to the NAMED beneficiary, so a NEW guarantee must be put in place to take effect from the date of settlement. This creates logistical difficulties, particularly if the lease does not include a clause requiring the tenant to provide a replacement guarantee in the case of a sale.

Tips

  • Rent is adjusted at settlement
  • Arrears of rent are the vendor’s problem
  • Security Deposit must be transferred at settlement
  • Bank guarantees cannot be transferred
  • While written for Victoria this article has interest and relevance for practitioners in all states

New Publication – Defamation

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As of today, our library of publications now includes a Defamation & Protecting Reputation publication.

It is a complete guide to acting in defamation and related areas of the law including privacy, breach of confidence, injunctive relief, Injurious falsehood, and misleading and deceptive conduct.

You can find out more about what documents, forms and commentaries the guide includes by looking through the Table of Contents.

You can also check out ‘Public shame – Justice and defamation in the digital age‘, an interesting article we posted on online shaming and the defamation law in Australia.

As always, if you have any questions, please email us at support@bylawyers.com.au.

 

Public shame – Justice and defamation in the digital age

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We know their names and we’ve seen the memes. Individuals such as former speaker Bronwyn Bishop, news presenter Brian Williams and dentist Walter Palmer are among the members of an ever widening group of people who have all been the subject of large scale public ire and ridicule in the digital era.

It is difficult to ignore the powerful role that social media plays in present day public shaming and defamation. These platforms have enabled individuals to reach potential audiences of millions overnight. The speed and ease of public shaming is matched by the ubiquity of internet outrage in our culture to the extent that author Jon Ronson (2015) in his book ‘So you have been publicly shamed’ argues that we are experiencing a ‘renaissance of public humiliation’.

Public shame, the law and the rise of internet mob ‘justice’

At various points throughout history, public humiliation has fallen in and out of favour as a means of justice and as a form of entertainment. While most formal modern justice systems have discarded public humiliation in favour of more effective, and less cruel methods, at various points in time, in a variety of cultures, public humiliation has been used as an important tool of criminal and social sanction (Breen, 2016).

In the colonial period many state sanctioned punishments had an element of publicity. For example, in Australia public flogging and head shaving were commonly used punishments for male and female convicts. However, as the increased urbanisation of the industrial revolution gave people greater anonymity and the ability to move more freely between towns, public humiliation ceased to be an effective deterrent.

Over time the law has developed a complicated relationship with public humiliation. The court strives to overcome the problems and bias of vigilante mob justice by applying methodical due process to enforce laws. Monetary and custodial orders have been the preferred methods of correction in many modern justice systems for the majority of the 20th and 21st centuries. However, in recent years there has been a resurgence of courts, particularly in the US, using shame as an alternative to criminal penalties or as a way to increase them. For example, in Ohio in 2013, a 62-year-old man who pleaded no contest to a misdemeanour charge was ordered to stand in public wearing a sign that read “I am am a bully! I pick on children that are disabled” in addition to receiving a short jail sentence and community service.

Many see the resurgence in public shaming orders as a response to prison overcrowding and the relationship between the courts, post-modern journalism and entertainment. The courts have evolved from public forums and it is still very common for trials to receive widespread public attention. It is a widely held perception that the general public has a stake in justice proceedings. In the US, the distinction between justice, news and entertainment is blurred by televised versions of court proceedings such as ‘Judge Judy’ and ‘The Peoples Court’. Kohm (2011) identifies the inherent emotionality of crime as the driving force behind the ability of court proceedings to capture widespread media and public attention. A crime or violation of accepted social norms can give rise to public fear, anger and outrage. Notable examples of this are the trials of Oscar Pistorius, OJ Simpson and Steven Avery, all were viewed by global audiences numbering in the millions.

Online, public shaming has most likely existed since the chat rooms of the early days of the internet. However online public shaming has been most prominent since the inception of large online forums and social media platforms in the early 2000’s such as YouTube, Facebook, Twitter, 4chan and Reddit. Before these websites it was difficult for information to ‘go viral’. Today it’s difficult to imagine the internet before the trolling, vitriolic comment threads and clickbait. Many authors argue that the speed of online communication has increased the demand for entertainment in the form of public humiliation.

Problems that arise with online shaming

The appeal of online shaming and outrage culture is easily visible. An individual who feels that they have been wronged need only turn to Facebook or Twitter where they will find a community of like-minded supporters who are willing to take up their cause. Online participation is also empowering, giving rise to the perception that there is a shortcut to justice that avoids the complexities and potential disappointment of litigation. The everyday individual alongside ‘hacktivists’ or ‘digitialantes’ can simply take the matter into their own hands.

The nature of the internet as a ‘global village’ presents numerous opportunities for online shaming to flourish. As we share more of our lives, information and opinions online, we are presented with two choices; conceal our identity or accept that everything we say online will be on record forever and moderate ourselves accordingly (Love, 2013). These contradictory features of online life give the internet the qualities of both a wild west frontier and a puritan small town. The long memory of the internet means that shaming can have consequences for the individual many years after the incident, while the ability to be anonymous online enables people to use an array of tactics to target others, leaving the law scrambling to identify and deal with those involved.

The principle issue with the online environment is that online shaming in the name of justice is a blunt instrument. The random nature of mob justice means that sometimes it targets people who deserve punishment while at other times targets people who do not (Fisher, 2015). Consider the example of a man who was taking a picture of himself outside a Melbourne Target last year. The man was standing next to a large picture of Darth Vader on ‘May the 4th’ taking a picture to send to his kids. Children who were nearby told their mother who then informed the shopping centre security and police and also posted a picture of the man on Facebook identifying him as a ‘creep’. Within a short time, the post and the man’s picture was shared with over 20,000 people. The man identified voluntarily submitted to a police search and interrogation in order to clear his name, while his accuser, even after issuing a public apology, received strong negative backlash that included death threats.

Another issue with online shaming is that it can have very serious offline consequences. Many people, such as the women at the centre of ‘Gamergate’, have had their personal information published online and have had to leave their homes after being subjected to numerous incidences of harassment and threats of physical violence. Others have lost their jobs, such as PR woman Justine Sacco, who after making a careless tweet about AIDs, took a year to find new employment (Ronson, 2015). Businesses have also suffered under negative online reviews posted on sites such as Yelp and TripAdvisor. For the individuals targeted, there are also many potential negative psychological outcomes of being the subject of online shaming such as depression, anxiety, insomnia and agoraphobia.

The ability of online shaming to have far reaching real world consequences inevitably gives rise to the ethical concerns of whether the punishment fits the crime. Modern justice systems attempt to deal with evidence and proportionalities, two important features which are absent from online shaming. In these situations, it isn’t clear who decides what punishment is fitting or how they arrived at the decision.

Common methods of online shaming

Doxing: Researching and publicly displaying personally identifiable information such as a person’s home address, phone number or financial information.

Swatting: An extension of doxing that has occurred in the US where prank calls lead to the deployment of emergency services to a targeted individual’s address.

Revenge porn: The publishing of non-consensual pornography on the internet in order to humiliate a person, frequently distributed by computer hackers or ex-partners.

Negative Reviews: Posting negative reviews of a business on websites such as Yelp and TripAdvisor.

Online shaming and defamation law in Australia

In Australia defamation can come under civil or criminal law (Breen, 2015). Defamation actions under civil law are covered by Australia’s uniform defamation laws. However, the state jurisdictions also have laws criminalising certain defamatory actions. For example, in New South Wales section 529 of the Crimes Act 1900 states that:

A person who, without lawful excuse, publishes matter defamatory of another living person (the “victim” ):

(a)    knowing the matter to be false, and

(b)    with intent to cause serious harm to the victim or any other person or being reckless as to whether such harm is caused,

is guilty of an offence.

The maximum penalty is 3 years’ imprisonment.

Criminal defamation is a rarely used charge in Australia, however in 2009 an Adelaide man was convicted of criminal defamation after posting defamatory material about a police officer on Facebook. He became the second person in South Australia’s history to be convicted of the charge.

Under civil law the remedies for defamation include compensation for economic and non-economic loss. It is also possible to obtain an injunction preventing further publication of defamatory material. For a civil defamation action to succeed the plaintiff must prove that:

  • the communication was published to one or more people (other than the plaintiff);
  • that the communication identified the plaintiff; and
  • that the communication was defamatory, meaning that it had the effect of diminishing the plaintiff’s reputation in the eyes of ordinary people in the community and/or leads people to avoid or dislike the plaintiff.

Burgess (2013) makes an important distinction between the purpose of civil and criminal defamation laws. Civil defamation law aims to vindicate and protect the reputation of the person defamed while criminal defamation law is intended to punish the defamer and protect the community.

Currently only one state in Australia has made revenge porn a criminal offence. In 2014 Victoria made it a criminal offence to maliciously distribute intimate images without a person’s consent. However further changes may be on the horizon. In October last year the Federal Parliament introduced a bill seeking to amend the Commonwealth Criminal code to criminalise the act of ‘sharing private sexual material’ without the consent of the subject of the material.

Although they have not been commonly used, there are also civil remedies for victims of revenge porn and other privacy breaches under the uniform defamation laws, through an action for breach of confidence. The elements of an action for breach of confidence include:

  • The information published was of a confidential nature;
  • The information was communicated or obtained in circumstances that carried an obligation of confidence; and
  • There was unauthorised use of the information.

At this time, it is unclear what legal actions are available to individuals who have had their personal information leaked online through doxing methods. While there is legislative protection for personal information, there is currently no right to sue for invasion of privacy in Australia. However, there is now widespread recognition that the current system of civil and criminal laws is inadequate for people seeking protection against privacy breaches.

In late February the New South Wales Standing Committee on Law and Justice recommended that NSW lead the way in creating new legal action for serious invasions of privacy. The proposed changes would enable a person to sue for damages if their privacy had been invaded intentionally or recklessly, and would make it possible to pursue governments and corporations for negligent privacy breaches. The government is required to respond by 5 September 2016.

As the internet has become a more integral part of our lives, many users of social media do not recognise the power that they have on these platforms (Hudson, 2013). Police and legal professionals have issued numerous warnings against taking grievances online, as public shaming actions which damage a person’s reputation either unjustifiably or inexcusably will likely be found to breach Australia’s defamation laws (Wolfenden, 2015). It will depend on the particular circumstances and complexities of each individual case as to whether an online shaming campaign is actionable.

By Lawyers now publishes a comprehensive legal guide – Defamation – Protecting Reputation, to enable practitioners to confidently handle defamation disputes, with or without recourse to litigation.

Sources

Breen, P. (2016). Protecting Reputation: Defamation practice, procedure and precedents. The Manual.

Burgess, C. (2013). Criminal defamation in Australia: Time to go or stay. Murdoch UL Rev., 20, 1.

Fischer, M. (2015, July 30). From Gamergate to Cecil the lion: Internet mob justice is out of control. VOX. Retrieved February 20, 2016, from http://www.vox.com/2015/7/30/9074865/cecil-lion-palmer-mob-justice

Hudson, L. (2013, July 24). Why You Should Think Twice Before Shaming Anyone on Social Media. Wired. Retrieved March 08, 2016, from http://www.wired.com/2013/07/ap_argshaming/

Kohm, S. A. (2009). Naming, shaming and criminal justice: Mass-mediated humiliation as entertainment and punishment. Crime, Media, Culture, 5(2), 188-205.

Love, J. (2013, September 12). Sharing or oversharing online? The American Scholar. Retrieved February 26, 2016, from https://theamericanscholar.org/sharing-or-oversharing-online/#.Vt4wY9D1fhx

Ronson, J. (2015). So you’ve been publicly shamed. Picador.

Wolfenden, E. (2015, July 21). Online public shaming: Fair game or misdirected blame? Retrieved February 29, 2016, from http://bakerlove.com.au/online-public-shaming-fair-game-or-misdirected-blame/

We’ve got Bundles!

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Some of the most popular guides on By Lawyers are now available in bundles of three at a special discounted rate of $199 plus GST per month. That’s almost one whole guide free!

The bundles also include the Practice Management Guide (normally priced at $89 plus GST per month) as an extra bonus.

There are bundles to suit all your needs. Have a look at the list of available bundles now.

If you subscribe to a bundle, and have a current monthly subscription you want us to cancel, please let us know.

If you have any questions, please do not hesitate to contact us at support@bylawyers.com.au.

Annual Subscriptions

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Annual subscriptions are now available on By Lawyers. Annual subscriptions include Conveyancing, Family Law and Companies, Trusts, Partnerships and Superannuation.

The Conveyancing guide is available for New South Wales, Victoria, Queensland, South Australia and Tasmania.

If you don’t want to pay $89 plus GST a month, you can now pay upfront for the whole year for $899 plus GST. That means you’re getting almost two months free!

If you have a subscription and want to make the switch, please let us know. We’ll be happy to cancel your current monthly subscription even if your six months is not up yet.

To subscribe annually to one of these publications, please visit our website.

If you have any questions, please don’t hesitate to contact us. You can either email us at support@bylawyers.com.au or call us at 02 8273 7500.

The legal technology revolution and the small law firm

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In reviewing many of the topics of discussion in any major business publication during 2015 and early 2016 it is easy to see that ‘digital disruption’ is posing significant threats and opportunities to almost every industry. The World Economic Forum has described the current period as a ‘Fourth Industrial Revolution’ which will see widespread innovation and greater adoption of technology in almost every profession.

The legal services industry is already being re-shaped by technology in a variety of formats that extend beyond document automation and practice management software. The role of the lawyer is being transformed; both routine and more complex analytical tasks can now be performed by artificial intelligence technologies such as IBM’s ROSS and Lex Machina. ROSS is capable of reading and analysing over one billion legal documents per second to produce plain English answers to complex legal questions that include relevant citation, while Lex Machina uses databases and modelling software to accurately estimate the odds of winning a patent suit.

The focal point of the advances in legal technology is the client, who is poised to benefit greatly as they are empowered by a wealth of information to demand legal services of higher quality delivered at a greater speed and lower cost. Services such as the Google funded Rocket Lawyer, Legal Zoom and donotpay.co.uk take client agency even further by enabling clients to create their own legal documents and appeal parking fees online.

Although the widespread use of advanced technology such as ROSS is still far on the horizon, many firms are currently using technology to enhance their practices. Adopting technology is an essential move in creating a firm that is able to adapt to changing market conditions.

As technology is a considerable investment for a small law firm there are a number of things that should be considered before choosing which systems to implement. Legal technology that is not properly leveraged can cause disruptions, security concerns and hinder firm performance. By taking the approach used by leading legal technology start-ups and keeping the ultimate goal of delivering greater client value in mind when evaluating practice management technology, it becomes easier to ensure that a firm achieves maximum return on investment.

Client value

In the traditional model of the legal profession, the lawyer is characterised as an educated professional who sell’s their expertise and time to clients in six-minute increments. However, many experts have observed that this model does not deal with client experience.

In an article for Lawyers Weekly John Chisholm argues that a client is actually buying intellectual capital from a lawyer: a client is seeking outcomes, solutions and peace of mind.

Legal expertise is assumed and a lawyer that is able to build a relationship with their client and take an active role in managing their client’s concerns and financial constraints is much more likely to have their services used again and be recommended to friends and family.

Using technology to enhance value for clients

Here are four main considerations for small law firms looking to get the most out of legal technology and enhance the ability of their practice to serve clients.

Mobility

A practice management system that is accompanied by a strong smartphone app which allows you to access critical client information at any time in any location is essential for delivering a high level of service quality to clients. A lawyers who is able to answer client questions and concerns and act on urgent issues at any time or place will most likely be perceived by clients as accessible and motivated.

Efficiency and user interface

The primary aim of all practice management software is to improve firm efficiency however if only a select number of staff members in a firm can actually use the software then the firm will inevitably experience bottlenecks in workflow. Usability and intuitiveness are key to ensuring that all staff members time and skills are properly deployed.

Content

Content is an important area that is often lacking in many legal practice management systems however it can be a key way to deliver excellent service to clients. Quality content allows small firms to expand into areas of practice that would have previously been avoided, minimising the number of clients lost to outside referrals. High quality content can also be used as a way to enhance a firms existing precedents.

Support

A system that is supported properly can save many wasted hours waiting for a call back from tech support. Proper support and resources can also assist firms in getting the most out of their software system.

Content support is just as important as tech support and is often overlooked in practice management systems. Being able to access a network of experienced practitioners providing guidance in difficult legal matters can save a firm hours of research time and ensure lawyers can be confident that they are providing their clients with the best possible solutions and outcomes.

Sources

Diving in head first – Stephanie Garber– Blog post 06 October 2015 – Lawyers weekly

Robot invasion – Story by Felicity Nelson and Stephanie Garber – 19 January 2016 – Lawyers Weekly

Robot doctors, online lawyers and automated architects: the future of the professions? – Tom Meltzer – 16 June 2014- The Guardian Technology

 

Avril Cauchi,
Senior Copy Editor, By Lawyers
21 January 2016

 

 

The cheque is in the mail – but was it express, priority or regular?

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With the recent changes to mail delivery speeds practitioners should consider just how quickly they want mail recipients to receive documents.

snail-mail-vs-email

From 4th January Australia Post introduced the choice of three different delivery speeds when sending a letter:

1. Express post – which is next business day guaranteed;
Special envelope and mailed in the yellow post box or in the post office itself.

2. Priority post – one to four business days – depending on the delivery destination;
Regular envelope, regular stamp now $1, and a priority label 50c, mailed in the red post box or in the post office itself.

3. Regular post – up to two business days longer than priority post, which means delivery could take up to six business days.
Regular envelope, regular stamp mailed in the red post box or in the post office itself.

Makes email and electronic exchanges look good!

Self managed superannuation funds

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By Russell Cocks, Solicitor

First published in the Law Institute Journal

Many clients choose, often on the advice of accountants, to establish a private superannuation fund rather than invest their superannuation in an industry or retail fund.

The fund is established by a Superannuation Deed and the fund itself is not a legal entity. The Trustee of the fund is the relevant legal entity, holding the assets of the fund on trust for the members of the fund. The Trustee may be one or more natural persons, usually members of the fund, or the Deed may appoint a corporate Trustee. It is the Trustee that enters into contracts on behalf of the fund and becomes the registered proprietor of property owned by the Fund. Section 37 Transfer of Land Act prohibits the notation of a trust on a certificate of title so, whilst reference to the purchaser on a contract as being AS TRUSTEE FOR or ATF is permissible, no reference to the trust capacity is permitted on the Transfer of Land. Accountants, and the ATO, prefer to see reference to the trust capacity on the contract but it is not strictly necessary.

Superannuation funds cannot purchase a property that is used as a residence by a member or related party but can purchase other residential property, or commercial property. Subject to contribution rules, a member can transfer a property to a SMSF and a duty exemption exists pursuant to s 41 Duties Act provided that no consideration is paid by the fund to the member. Alternatively, a member might sell a property to the fund, thereby extracting funds from the fund, but duty must be paid on the value of the property transferred. The Trustee must lodge a Notice of Trust Acquisition pursuant to s 46K Land Tax Act but land held by a Trustee of a SMSF does not attract special land tax.

As superannuation contributions receive the benefit of substantial tax concessions, Government policy requires protection of superannuation funds to avoid dissipation of those funds. Therefore borrowing by a SMSF is regulated and may only be conducted in accordance with the Limited Recourse borrowing regime. This requires the establishment of a separate bare trust, the purpose of which is to hold the property on trust for the trustee of the SMSF, borrow any necessary loan funds using the property as security and, upon repayment of those loans funds, transfer the property to the SMSF Trustee. The loan agreement that the bare trustee enters into acknowledges that, in the event of default, the lender has Limited Recourse to the property that has been purchased and offered as security and that there is no recourse to other assets of the SMSF.

If the bare trust has been established prior to entering into the purchase contract then the purchaser will be the trustee of the bare trust. If the Trustee of the SMSF has entered into the purchase contract before establishment of the bare trust then the SMSF Trustee nominates the trustee of the bare trust to be the transferee.

PRECEDE

Self Managed Superannuation Funds are active participants in the property market.

Tip Box

•It is the Trustee of the SMSF rather than the Fund itself which must be the purchaser and registered proprietor

•SMSF may borrow to fund a purchase but those borrowings must be in accordance with the Limited Recourse Loan regime

•Whilst written for Victoria this article has interest and relevance for practitioners in all states

By Lawyers’ favourite solicitors of the small and silver screen

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The legal profession has always provided a rich subject area for the dramatic arts. Lawyers on screen, as in real life, come in various forms: as heroes, villains and every variation that lies in between the two. The team at By Lawyers is sharing some of their favourites.

 

Saul   Gorge   kill

AMC, Universal Pictures, Universal Pictures

Atticus Finch – To Kill a Mocking Bird -1962

Gregory Peck’s portrayal of Harper Lee’s endearing and determined single father and small town lawyer Atticus Finch is still so loved and memorable, that forty-five years after the film’s premier the American Film institute named Atticus Finch the greatest American movie character of all time. We love Atticus for standing for justice in the face of reprehensible intolerance. IMDB

Miles Massey – Intolerable Cruelty -2003

George Clooney uses his considerable smooth charm to full effect as the jaded and skilfully manipulative divorce lawyer in this classic Cohen Brothers comedy. He meets his match in the equally cynical and sophisticated serial divorcee Marilyn Rexroth played by Catharine Zeta Jones. The two wind up happy in love when they realise the futility in pursuing money at the expense of human connection – or do they? IMDB

Memorable Quotes:

Miles Massey: So you propose, that in spite of demonstrable infidelity on your part, your unoffending wife should be tossed out on her ear.

Rex (Mile’s Client): Is it possible?

Miles Massey: It’s a challenge.

Rudy Bailor and Deck Shiffet – John Grisham’s the Rainmaker – 1997

Matt Damon and Danny DeVito make an excellent, and ultimately triumphant, underdog team in Francis Ford Coppola’s film adaptation. We like the way the film balances the earnest dedication of newly minted lawyer Rudy (Damon) with the street smarts of paralegal Deck (DeVito) who has failed the bar six times and teaches Rudy some of the more unpleasant realities of the profession such as ambulance chasing. IMDB

Memorable Quotes:

Rudy Baylor: What’s wrong with ethics?

Deck Shiffler: Nothing… I guess.

Lawrence Hammill – The Castle – 1997

In this classic feel good satire Lawrence Hammill, played by Charles (Bud) Tingwell, is a retired constitutional lawyer who represents the Kerrigan’s pro-bono and wins them the right to keep their much-treasured family home. We think that Hammill’s humility and respect for the feelings and vales of his client, Daryl Kerrigan, are one of most charming aspects of the film. IMDB

Memorable Quotes (of which there are so many):

Federal Court Judge: And what Law are you basing this argument on?

Darryl Kerrigan: The Law of bloody common sense!

Janet King – Crownies and Janet King -2014 – ABC

We love Janet King, played by Marta Dusseldorp, because the show and character manage to break new ground, which is a difficult feat to achieve in a subject area that is rife with tropes. While Janet is a tough and accomplished Crown prosecutor she doesn’t fall into the typical ‘strong female lawyer’ stereotype, instead she feels real, she is equal parts tender and steely. Throughout the series Janet makes many compromises to protect her partner and children and deals with the horrors of her job without being dethatched. IMDB

Amanda and Adam Bonner – Adam’s Rib – 1949

Legends of Hollywood’s golden age Katherine Hepburn and Spencer Tracy play married lawyers who come to oppose each other in court in an attempted murder case with uproarious consequences. Amanda (Hepburn) is defending a wife who fired a gun at her husband after catching him having an affair. Adam (Tracy) is assigned to prosecute the case. As tensions rise the case takes its toll on their marriage, but the pair ultimately reunite. It is wonderful to see two greats who had a remarkable off screen romance that lasted 27 years bring such humour and warmth to their roles. IMDB

Memorable Quotes:

Kip Lurie: Lawyers should never marry other lawyers. This is called in-breeding; from this comes idiot children… and other lawyers.

Saul Goodman – Breaking Bad and Better call Saul – 2008

James ‘Jimmy’ Morgan McGill aka Saul Goodman, played by Bob Odenkirk, is the ultimate former conman turned unscrupulous ‘criminal’ lawyer. While Saul initially appears as tacky, flamboyant and cheap he is actually a very skilled lawyer who has no problem breaking the law, exploiting loopholes and using suspect but brilliant schemes to ensure the best outcomes for his clients. Saul serves as the lawyer for Jessie Pinkman and drug kingpin Walter White and while he manages to get them out of many difficult situations over the course of the series their problems ultimately end up overwhelming Saul. Saul’s reluctance to be involved in cases with violence and murder and his witty quips make him a loveable shark and which has earned him his very own Spin off show. IMDB

Memorable Quotes:

Saul: If you’re committed enough, you can make any story work. I once told a woman I was Kevin Costner, and it worked because I believed it.

Honourable Mentions:

Sydney Carter – Charles Dickens’ A tale of two cities (various film and TV adaptations)

Cleaver Greene – Rake (Played by Richard Roxburg) – 2010

Paul Begler -Anatomy of a Murder (Played by James Stewart) – 1959

Vinny Gambini – My Cousin Vinny (Played by Joe Pesci) – 1992

Tom Hagen – The Godfather Part I and II (Played by Robert Duvall) – 1972 and 1974

Employment Law

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Employment Law

JANUARY
  • Commentary added on “Cashing out annual leave”
NOVEMBER 
  • Further Information – Added new links
  • Costs Agreements – Reference to interstate costs laws added and updated interest clause
OCTOBER
  • Costs Agreements
    • SA and WA – Added client and firm fields company execution clause trust account details solicitor’s lien.
    • WA – Added clause on scale fees.
    • NSW/VIC – Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • New article – Out-of-hours employee misconduct and social media misuse
SEPTEMBER 
  • New article added – Beware the trap of the disgruntled employee – Part 2
AUGUST 
  • Costs agreements have been added for Tasmania, ACT and Northern Territory.
JUNE 
  • Commentary updated in line with Fair Work Commission’s high income threshold for 2016. The threshold is relevant for the purposes of protection from unfair dismissal, compensation available from an unfair dismissal claim and the applicability of modern awards to certain employees.
APRIL 
  • New article published – Beware of the trap of the disgruntled employee – Part 1
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • New commentary on casual employees included.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

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