Allen & Overy's Aussie move a potential trendsetter? 

By Craig Sisterson  

THE RECENT expansion by Allen & Overy into Australia, where it has set up offices in Sydney and Perth after ‘poaching’ 14 partners from Clayton Utz, provides a real shake-up to the Australian legal marketplace, said several large New Zealand firms who spoke to NZLawyer about the UK magic circle firm’s move.

It’s an interesting time for the Australian legal market, said Martin Wiseman, a partner and former Australasian chairman of trans-Tasman firm DLA Phillips Fox, which is in a formal alliance with global legal provider DLA Piper, which has 3,500 lawyers located in 29 countries and 67 offices throughout Asia, Europe, the Middle East, and the US. “The new powerhouse in the world is Asia-Pacific. And the gateway to Asia-Pacific, at least as far as European and US firms are concerned, is probably Australia, because it is culturally aligned, the language is the same, and the lawyers are well trained,” said Wiseman. “I think Sydney is increasingly seen as a hub in Asia. And I think it’s undeniable that Australian mineral wealth is something that is relevant to the growing economies in Asia.”  

News

Redacted paragraphs in UK 'torture' case published by Court of Appeal

By Darise Ogden

THE ISSUE as to whether or not seven paragraphs should have been included in a court judgment has led to the UK Court of Appeal addressing fundamental questions about the relationship between the executive and the judiciary in the context of national security in an age of terrorism and the interests of open justice in a democratic society, the Lord Chief Justice of England and Wales, Lord Judge, stated in the opening paragraphs of his judgment in Mohamed, R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65.

At issue was the “control principle”, described by the Lord Chief Justice as “an understanding of confidentiality” that exists between the intelligence services of different countries (at [5]).

News

A small firm helping make a big difference for at-risk youth

By Craig Sisterson

AUCKLAND LAW firm Carter & Partners recently held its annual Golf Day, raising more than $25,000 for the Great Potentials MATES programme (Mentoring and Tutoring Education Scheme), an educational charity founded by Dame Lesley Max. The money raised will help more young people have a chance at university, said John Carter, whose firm has been running the charitable golf tournament for about 10 years. Initially, funds were raised for the Auckland Kindergarten Association, and for the past five years, the MATES programme has received the benefits. “I guess I’m a big believer in early childhood education, and opportunities later on for disadvantaged people,” said Carter.

MATES is one of two educational support programmes run by Great Potentials. It provides selected school students who have the potential to achieve, but are at risk of underachievement, with a friendly university mentor/tutor, to raise levels of aspiration and achievement, and to provide “the listening ear young people need”.
 

Features

Condign sentences - a strong message to those who abuse animals

Anita Killeen reports on the first case prosecuted by the Pro Bono Panel of Prosecutors for the SPCA Auckland

On 12 February 2010, Judge Wade sentenced Paulette Taki to a total of three months’ imprisonment. Taki was also ordered to pay reparation in the sum of $3,938.13 to the Auckland SPCA and was prohibited from owning or being a caregiver for any dog pursuant to section 169 of the Animal Welfare Act 1999 for a period of five years.

Taki had previously pleaded guilty to two charges under section 12(a) of the Animal Welfare Act for: (1) failing to provide an animal with proper and sufficient food and water; and (2) failing to provide an animal with protection from, and rapid diagnosis of, any significant injury or disease (see Auckland Society for the Prevention of Cruelty to Animals v Paulette Taki (12 February 2010, District Court, Auckland CRI-2008-004-15941, Judge Wade). The maximum penalty for an offence under section 12(a) of the Animal Welfare Act is a $25,000 fine and/or six months’ imprisonment (section 25 of the Animal Welfare Act). As well as the two Animal Welfare Act charges, Taki was also sentenced on two charges of breaching a community work order.

Features

Betterment - A Balancing Act

By Julia Batchelor-Smith, senior solicitor, Minter Ellison Rudd Watts

Picture this: four years ago, you bought a six-year-old house. The original owners had painted it an unattractive shade of terracotta. You intended to repaint it in the next few years – and perhaps replace the tiles on the balcony at the same time – but you certainly had no imminent plans to launch into large-scale maintenance when the house was still relatively new.

Fast-forward a couple of years. To your absolute horror, you discover that your home, like many thousands of others in New Zealand, leaks. After a protracted and stressful process of procuring an assessor’s report, remedying the extensive defects, and finally, submitting and progressing your claim, you find yourself at a mediation with the defendants and their lawyers.