Basten Chambers
Friday, August 30, 2013
Justinian in Eddie Obeid, Goings On ..., Greg Curtin, Greg Pearce MP, LegalSuper, Michael Lee, Productivity Commission

High-rise glamour for new chambers ... Looking at lawyers' productivity ... Inner sanctum for LegalSuper ... Ornaments of parliamentary democracy  

Michael Lee: reception artwork THERE'S much buzz about new barristers' chambers springing-up on level 22 of the State Bank building. 

A massive fit-out is underway with interior designs by Greg Curtin SC, one of the hands-on developers of the site. 

Famed brief Michael Lee is also one of the prime movers, and he has lured a bunch of spicy and talented people from Ground Floor Wentworth. 

The whole show should be up and running in September. 

It leaves a number of soon-to-be-vacated chambers on the market, waiting to be snapped up in the $30,000 to $40,000 range. 

And there has been debate about to call the new set. We've heard it suggested that John Basten Chambers would be an appropriate name - after the widely adored appeal judge and role model. 

It's hoped Michael Lee's portrait, with that formidable gaze, will be grace the reception area. 

*   *   * 

THE Productivity Commission is beavering away on its reference about access to justice and very soon submissions will pour in from the stake-n-kidney holders. 

Among the areas subject to examination are:

If this sort of stuff is not scary enough, the inquiry is led by a Cambridge educated economics pointy head, Dr Warren Mundy. His qualifications include statistics, a masters in environmental law and post graduate qualifications in corporate finance and corporate governance. 

He's no pushover. 

Angela MacRae is the other commissioner on the project, also an economist with an expertise in tax. 

So, this is no in-house, lawyer-driven operation. One of the early submissions to the inquiry makes a point about previous investigations into the magic ways of lawyers: 

"Reviews, protracted and expensive, conducted by lawyers ... typically come to nought in the way of meaningful change." 

It will report in September next year, by which stage that reforming zealot Soapy Brandis is likely to be in the saddle. 

*   *   *

NEXT year's president of the NSW Law 'n' Order Society, Ros Everett, has fetched-up on the board of LegalSuper.

Along with Stuart Westgarth she's there as a representative of the society. 

The recent prudential governance standards for superfund trustee directors on equal representation boards require them to "possess the education or technical qualifications, knowledge and skills relevant to the duties and responsibilities of an RSE licensee". 

The standards have been brought in to try and stop unions continuing to make reward entitlement appointments to their retiring senior bruvvers and get people onto boards who have skills and industry experience.

LegalSuper looks after over $1.6 billion in retirement funds for its members and is a classic example of an "equal representation" superfund board that should benefit from the new requirements.

Penrith solicitor and president-elect Everett has run her own self-managed superfund and is not to be treated lightly. 

However, Coralie Kenny, also a Law Society councillor and a lawyer at Suncorp Life, who knows a lot about the topic, has been pipped at the nomination post - again. 

Coralie has 16 years experience in superannuation and managed investments. 

On a previous occasion she was overlooked for a berth in LegalSuper's boardroom in favour of Stuart Westgarth, the former law society president.  

The charmed inner-circle knows its onions when it comes to super appointments. 

*   *   *

SADLY, it's unlikely we'll see Greg Pearce, former Freehills wunderkind and sacked NSW Minister for Finance and Services, making a return to the frontbench any time soon. 

On a positive note, his term of office in the Legislative Council does not expire until March 1, 2019, handing him an annual salary of $143,033, plus a $50,580 electoral allowance.

Pearce never gained the respect he sought so keenly from his parliamentary colleagues.

Justinian's archivist, Alex Mitchell, reached back in the files to June 2001 and found this edifying parliamentary exchange between Pearce and another hero of the people, Eddie Obeid - then Bob Carr's Minister for Mineral Resources (coal). 

It's nice to be able to tie together two of parliament's ornaments. It's also a reassuring example of the triumph of the Westminster system, of which NSW is a stellar helmsman. 

The Hon. Greg Pearce (interjecting): What about integrity?

The Hon. Eddie Obeid: The honourable member does not have any integrity. He should not talk about integrity. He is the biggest baboon in this House. He is a non-entity. In his inaugural speech he flouted 150 years of convention in this House. He is an idiot. In his inaugural speech he insulted everyone. 

The Hon. Duncan Gay: Point of order: I ask you to ask the Minister at the table to withdraw the unparliamentary statement referring to a member of the Opposition as a baboon.

The Hon. Michael Egan: To the point of order: Can we find out, first, of whom the reference is made, because it might be accurate? 

The President (Meredith Burgmann): Order! Under Standing Order 81, which refers to inferences and imputations against other members of the House, I ask the member to withdraw the term "idiot". 

The Hon. Eddie Obeid: I apologise to the baboon, and to anyone else -- 

The Hon. Michael Egan: Don't apologise. Just withdraw it. 

The Hon. Eddie Obeid: I withdraw it. In his first comments in this House this new, wet-behind-the-ears member insulted 150 years of protocol. Not only did he insult members of the Labor Party, but he insulted -- 

The Hon. Greg Pearce: Point of order: The Minister has already been directed by you not to make imputations. He is now flouting that ruling again. 

The Hon. Jan Burnswoods: He was told not to call you an idiot. 

The Hon. Greg Pearce: The Hon. Jan Burnswoods is now flouting your ruling by calling me an idiot. It is about time you kept this Minister in order and ordered him to answer a question on the public record. If the Minister were prepared to answer a question on the public record we would not have a problem. 

The Hon. Eddie Obeid: You're taking up my time. 

The President: Order! Under Standing Order 81 I ruled that a certain word should be withdrawn, and it was withdrawn. The Minister's subsequent statements were not imputations against a member. It also needs to be pointed out that I cannot order a Minister to answer a question. 

The Hon. Eddie Obeid: That person over there, whose name is not recognisable, will be long remembered for breaking the protocols of this esteemed House.

[Time expired.] 

The precious flower of democracy, in full bloom. 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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