Family Court abolishes right to bare arms

Former DPP disputes reduced termination payout ... Summer Palace for the Tub ... Starchy etiquette rules from the Family Court ... Women's champ joins board of LegalSuper ... Keddies connected to exciting new costs recovery business ... Supreme Court foodhall closes, forever ... Receiver sends defrocked Voyager solicitor a big fat bill 

Cowdery: in dispute with bean counters

Wot's this I hear about a massive $200,000 being stripped from the termination benefits of former NSW DPP Nick Cowdery?

The latest annual report from the DPP Nerve Centre sets out the distressing news: 

"The 2009-2010 audit included a review of the salary entitlements for a selected range of employees. As a consequence of that audit, the recovery of a motor vehicle benefit was made in the 2010-2011 financial year from a former employee for the total amount of $202,071 of which $187,956 related to prior years.

The decision to recover the amount and the quantum recovered are disputed by the former employee."

Apparently, the claimed deduction arose because there had been payments over many years for other travel expenses, which the bean counters say had been covered by the provision of a gleaming motor to the DPP.

*   *   *

Ian Callinan's palatial hacienda at Pottsville on the Tweed coast in far northern NSW has been completed, at long last.

The project was masterminded by the former High Court judge himself, drawing the plans and supervising the construction.

Neighbours in the sleepy coastal hamlet were amazed by the scale of the development.

They are still talking about the marble bathtub (no pun intended), so vast it had to be dropped onto the site by crane.

Then there was the installation of an elevator to hoist the Callinan family and guests from the ground level to the first floor, where the dining room is half the size of a tennis court.

"He is a big man with big tastes," said a neighbour.

The yokels are waiting for The Tub to announce the first open day.

*   *   *

It's pleasing to see the Family Court is endeavouring to raise the tone.

A paper was presented to practitioners at a recent Family Court CLE series.

It's called Etiquette - Personal & Professional and the starchy, school ma'am-ish instructions take readers across the treacherous territory of dress codes, standard of correspondence, timeliness, courtesy, organisation and communication.

Woman lawyers in particular should take heed:

"Suits are a great idea or at least trousers or a skirt/dress with a jacket. If you are not going to give the court the courtesy of a jacket, your upper garment needs to be tailored and have sleeves that do not end above the elbow ...

It is not appropriate to dress as though the next stop in the day is a wine bar or nightclub."

"Male members" are advised not to fiddle with their coat buttons during submissions "and your hands should stay out of your pockets while in the courtroom".

"The aim is to make a positive impression on the judicial officer with the standard of your preparation and presentation of your client's case, not make a negative impression with the inappropriateness of your personal appearance."

Clients must be told to "take those sunglasses off their head".

"If you are waiting at the back of the court for your matter to be dealt with, do not feel that this is an opportunity to catch-up on gossip, discuss an upcoming matter, or run over last minute details with your client. Neither is it an opportunity to organise your file, gulp from a water bottle or refresh your lipstick."

Sounds like a very large wine bar is precisely what's needed.

*   *   *

Champion of women in the law, Stuart Westgarth, has managed to pip fellow NSW Law Society councillor Coralie Kenny for a slot on the board of LegalSuper.

Coralie is an in-house lawyer at Suncorp Life with 15 years experience in superannuation and managed investments.

However, being immediate past president of the law society may have been a factor that moved the selectors in Stuart's favour. 

David Miles, the former managing partner of Corrs in Melbourne, is chairman of LegalSuper - so that's a nice connection for Westgarth, who at one stage had been MP of Corrs in Sydney.

He will take the spot as the nominee of the law society when director Geoff Solomon's departure (on his own accord) takes effect on March 31. 

LegalSuper is regulated by APRA, which from time to time has warned that director appointments to super funds should not be made as retirement gifts to union officials.

No worries on this score. Stu is not a union official and the law society is a strictly professional outfit.

*   *   *

I've received a flyer spruiking the services of Legal Costs Investigations Pty Ltd.

The blurb contains a few rhetorical flourishes, including:

"Have you received compensation and then watched your payout disappear because of a huge lawyer's bill?"

LCI says it will assess and negotiate settlement of legal costs overcharged by law firms, "ensuring you receive the money you rightly deserve".

To my relief I discover that LCI has had an association with Keddies, one of the nation's leading authorities on over-inflated billing.

I'm told that former Keddies' principal, Tony Barakat, also serves on the LCI assessment panel.

Tony has decamped from Slater & Gordon and fetched-up at the Redfern law shop, Barton Lawyers, which operates at 92 Pitt Street, Redfern - a previous principal place of business for Legal Costs Investigations. 

Meanwhile, overbilled Keddies' customer Mohammed Tariq tirelessly lobbies the attorney general for an inquiry into the Office of Legal Services Commission and how come it rarely lands a glove on anyone.

You can inspect his bill from Barakat's old firm here. 

*   *   *

Wave goodbye forever to those Portugese tarts, Chinese-style lamingtons, frosted donuts, and the unique pale grey coffee - all dispensed from level 14 of the joint law courts fortress in Sydney.

Stephen Lawes, building manager at the Supreme and Federal courts in Queens Square, tells me the famous café in the sky will not be returning to the judicial Lubyanka.

While renos have been taking place at the Soviet era building the registry moved to level 14. However, it will return to its old home on level 5 later this year.

Stephen says in the "long term" the area formerly occupied by the bustling noshery will be given over to judges' chambers and court rooms for the Feds.

Apparently, the abolition of the food hall was due to "fire risk".

"The continued presence of the café beyond December last year was specifically precluded from the DA." 

Such a shame. It means the great concentrated engine room of gossip and intrigue has been dispersed to smaller raisin toast factories along Macquarie Street and Palm Plaza.

*   *   *

Fresh news from Yarraside concerning defrocked Voyager solicitor, David Forster.

In December Justice Iain Ross, in VCAT, revoked Forster's ticket after it was found that he had gouged his clients - 90 of the 214 HMAS Voyager claimants.

See: Voyager victims fleeced by pirate

While plying his trade at the aptly named Hollows, Forster used the Commonwealth's settlement funds to double dip for disbursements and GST.

Ross said:

"While paying lip service to contrition, it was obvious the applicant feels a strong sense of entitlement to the fees he has taken."

Forster also had a "casual approach" to his duties of candour and honesty.

In the Supreme Court Justice Karin Emerton rejected Forster's application for a review of the receiver's costs and expenses, on the ground that he had failed to prove sufficient cause.

Now, VicAppeals has granted leave for Forster to appeal the VCAT decision.

Forster refused to give an undertaking not to practice up to the outcome of the appeal and the court advised him to seek legal advice and redraw some of the grounds of appeal.

He has until April 1 to file and serve the amended grounds.

Meanwhile, the receiver of his practice, Hall & Wilcox, has served a 200-page writ on Forster seeking recovery of $9.25 million.

Noel Batrouney and Andrew Lyle from H & W have been granted leave to be joined as parties to the appeal from Emerton's findings.

There are a further seven alleged misconduct matters pending against Forster in VCAT.

Meanwhile, the long-suffering clients may be left whistling for their money as, strictly speaking, this is not a default.