The recent appointments to the High Court have mystified some senior members of the bar, raising questions about the secretive nature of the process and prompting renewed calls for an independent judicial appointments panel to expose the selection process to the light of day.
The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.
Working with barristers can be inspirational or infuriating, according to the solicitors who brief them. While regular communication and mutual engagement will see the relationship between barrister and solicitor flourish, poor time management and a lack of respect can cause frustrations to bubble to the surface.
When it comes to briefing barristers, solicitors lie on a spectrum of awesome to irksome. In a series of interviews with Lawyerly, some of Australia’s top counsel reveal what they like and what they don’t like about their instructing lawyers.
The courts are to be congratulated for swiftly adapting to the COVID-19 pandemic by introducing virtual hearings, but barristers told Lawyerly they were raring to get back to in-person hearings, and cited numerous disadvantages of holding complex matters online.
Law firms are increasingly encouraging men to take paternity leave, with benefits to both the well being of staff, and the bottom line.
Legislation passed by Victoria state lawmakers lifting the ban on contingency fees in class actions will not lead to US-style litigation entrepreneurialism, but it may also not have the desired effect of encouraging smaller and more risky claims, experts told Lawyerly.
The era of online hearings during the COVID-19 pandemic has made advocacy more challenging for counsel representing parties in litigation, but a happy consequence of the virtual courtroom is an end to intimidation, harassment and in some cases bullying by male barristers and judges, female barristers have told Lawyerly.
Restrictions to combat COVID-19 that forced Australia’s courts to go virtual have had unforseen benefits, and Australia’s top law firms say they don’t want online hearings to be scrapped when social distancing measures are eased.
The reopening of law firm offices in Melbourne and Sydney may still be months away but firms have given Lawyerly a glimpse of what it might look like when staff do return to the office, from split workforces to strictly enforced health and safety rules. One thing is for sure, COVID-19 has changed the way lawyers will work from now on.