Hospital bulletin

Uncategorized    Friday, July 27, 2018

Former High Court judge has serious surgery ... CPA man takes interim helm at LIV ... Law librarians throw the book at LexisNexis ... Retired ACT judge still producing judgments ... Meet the Porters 

Former High Court judge has serious surgery … CPA man takes interim helm at LIV … Law librarians throw the book at LexisNexis … Retired ACT judge still producing judgments … Meet the Porters 

The doctors saw no alternative but to amputate. 

Theodora is sure everyone wishes him well. Gummow will be just as formidable on one leg as he was on two. 

Adam Awty picks up the gig as the latest interim CEO of the Victorian solicitors’ union

He’s an escapee from the scandal plagued accountancy outfit CPA Australia, having being chief operating officer while the then CEO Alex Malley was driving the outfit into a sinkhole and trousering a small fortune in the process.  

In the wake of Malley’s departure, Adam stepped in as interim-CPA CEO. Former LIV chief executive Nerida Wallace walked the plank hurriedly and without much ceremony in May this year. 

Belinda Wilson steadied the ship as interim chief executive while also balancing on one foot as president of the LIV. 

Awty is holding the reigns while the search goes on for a full-time appointment. He is also chairman of the Victorian Ombudsman’s Audit and Risk Committee and a director of Pillars of Strength, which provides support for fathers who have lost infant children.  

At the same time as all this is going on, the LIV is preparing to move into a rented gaff at 140 William Street, which is full of law shops, executive search companies and a few barristers’ chambers.  

Law librarians are keeping keen eyes on developments in the US of A, where the American Law Librarians Association has confronted LexisNexis over being pressured by the publisher to purchase its Lexis Advance research tool in order to be able to access other LN products. 

Last month the AALL, which has 4,000 members, sent Lexis a cease and desist letter directed at the law publisher’s product sales strategy. 

More recently there was a meeting in Chicago between LexisNexis and AALL in an unsuccessful attempt to hammer out a resolution. 

According to The American Lawyer Lexis representatives only talked in general terms leaving the librarians’ ongoing concerns unaddressed.  

Law librarians want to be able to purchase the products they want without being forced into subscribing to something they don’t want. Greg Lambert, the AALL president, said that LexisNexis was “just really unable to address many of the questions that we had”. 

The danger is that if Lexis succeeds in compelling law firms to buy its research tool as a precondition to purchasing other services, then the rival publisher Westlaw will adopt the same sales strategy. 

There has been a year long campaign by the association to try to get Lexis to engage with its concerns.  

Greg Lambert said that the AALL hasn’t abandoned the project of further legal action. 

Traffic in legal corridors has it that she still has 17 outstanding judgments, thereby following in the footsteps of Richard Refshauge, who handed down a judgment eight months after he retired.  

That was Lewis v ACT, where the plaintiff sued the ACT government for false imprisonment. After 84 pages and 564 paragraphs, Refshauge awarded the plaintiff $1 in damages. This was two years after he heard the case. 

In April this year Refshauge delivered his costs decision in Lewis, with each party ordered to pay their own way. This took 163 paragraphs with over 50 authorities cited. 

However, it appears that Mr Lewis’ written submissions in reply on costs were not taken into account by the judge because they had disappeared from the Supreme Court registry and never reached Roughshagger. 

The retired judge had to withdraw his judgment, leaving Mr Lewis stranded. 

Fortunately for Roughshagger and Hilary they have section 60A of the Supreme Court Act to fall back on – the “transitional proceedings” provision which permits judges who have ceased to hold office to hear and determine cases. 

The pay arrangements that exist for judicial officers under transitional proceedings need further investigation. 

This one from PerthNow in May 2011 teams Christian and his relatively new wife, Jennifer, in a standout piece of mutual boosterism. 

At the time Porter was WA treasurer and attorney general while Jennifer was a state prosecutor. 

We’ll often experience the same situation or conversation, but she sees it with X-ray glasses. Her ability to perceive the next level of things, even after brief encounters, is scary Mentalist TV type stuff. Had Jen been alive 200 years ago she would’ve probably been tried for witchcraft!

Of course, Jen has some weaknesses. She is naturally modest and that sometimes translates to under-confidence … 

People probably know that Christian’s done five university degrees. Something a little less well known is that he is a sci-fi fan – Star Wars, Star Trek, Terminator, Battlestar Galactica, are all much loved in our household. I don’t know how, but he also keeps up with the pop-music charts.  

Christian’s biggest weakness is definitely his driving … And sometimes he can be impatient. 

The full session is here