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Monday, June 2, 2014
Justinian in Child Abuse Royal Commission, City Desk, Costs, ICAC, Pink Batts, Royal Commission into Union Corruption

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The transfer of a lazy $6.7 million from the McClellan Royal Commission into Child Abuse to the Hanger Pink Batts Commission was another indication of the agenda of the god fearing altar boys who sit around the Cabinet table. 

See report

Compelling justifications were served-up at senate estimates by AG Department secretary Roger (the Dodger) Wilkins - namely the Child Sex Abuse Royal Commission had no need for the money.

Apparently, efforts to skewer Kevin Rudd and Julia Gillard at the Home Insulation Royal Commission needed every cent that could be mustered.

In 2013-2014, $104.1 million was allocated by Canberra for three Royal Commissions: Unions, Child Sex Abuse and Pink Batts. 

The figure increased slightly to $106.6 million in the current budget with $84 million in the forward estimates for 2015-2016. 

This is a serious level of expenditure and is a much needed shot-in-the arm for lawyers across the nation. 

Here's what Justinian could discover about the costs of each of the commissions plus the parties and lawyers appearing. We've also added ICAC into the picture. 

We've gone through the transcripts to pinpoint as best as possible the legal representation for each party. However, sometimes the identity of each and every lawyer is not clear - so if we've missed anyone please let us know. 

It would be dreadful to be excluded. 

Heydon: unions on his mindRoyal Commission into Trade Union Governance and Corruption

March 13, 2014 to  December 31, 2014

• Estimated expenses 2013-14: 

 $14,918,000 

• Expenses budgeted for 2014-15: 

$22,371,000

• Staffing levels:

11 in 2013-14 
27 in 2014-15

• Financial assistance towards legal cost and related expenses - expenses for witness:

$1,556,000 estimated in 2013-14
$3, 889,000 in 2014-15 budget 

• Administered capital funding:

$5.043 million in 2013-14
$0.250m in 2014-15 

Those figures were drawn from the Attorney General's Department agency overview and resources

There are slightly different figures on the government's budget website, where it says $53.3 million will be allocated over two years to the Unions Royal Commission. 

Interestingly, it says these costs will be offset by redirecting finding from the Employment, Industry and Infrastructure and Regional Development portfolios. 

Originally Bill Shorten claimed the commission would cost $100 million. 

Lawyers involved

• Commissioner:

Dyson Heydon AC QC. (Given that Ian Hanger is being paid $730,000 for six months work at the Pink Batts Royal Commission, Heydon would have to be paid well in excess of $1.0 million for nine months work running a bigger and more extensively probing Royal Commission.)

• Counsel assisting:

Jeremy Stoljar SC 
Michael Elliott
Fiona Roughley 
I
nstructed by Minter Ellison 

So far, the only people listed to appear are - Ralph Blewitt represented by Bob Galbally SC and Bruce Wilson, represented by Dr K.P. Hanscombe QC. 

Batt Man

Royal Commission into Home Insulation (Pink Batts)

From December 12, 2013 to June 30, 2014 

• Estimated expenses 2013-14:

$12,249,000

• No further expenses allocated in the 2014-15 budget. 

• Staffing level: 10

Financial assistance towards legal cost and related expenses - expenses for witness:

$2,422,000 estimated in 2013-14.
No further expenses listed for 2014-15. 

• Administered capital funding:

$0.100m for 2013-14. 

Late last year, a number of news outlets claimed this inquiry would cost $25 million. See The Australian and the SMH

Lawyers involved

•Royal Commissioner:

Ian Hanger QC (payment $730,000). 

• Counsel assisting:

Keith Wilson QC and Jonathan Horton.  

Parties with leave to appear (as of April 14, 2014)

• Commonwealth of Australia:

Solicitor: Louise Rafferty.
Counsel: Tom Howe QC and Damian O'Donovan.

• Murray Barnes (father of Reuben Barnes):

Mark Williams of Potts Lawyers and Bill Potts. 

• Kevin and Christine Fuller:

Aaron Anderson of Norton Rose Fulbright.
Counsel: Richard Perry QC.

• Sunny Barnes, Tully Barnes, Kelsey Debbie Barnes, Melody Barnes, Jindee Barnes, Rangi Barnes, Jason Barnes and Lyndon Hull:

Norton Rose Fulbright.
Counsel: Richard Perry QC.  

• Jessica Wilson:

Cathy Hunter. 
Counsel: David Barrow (Forbes Chambers).  

• Martin, Wendy, Justin, Sarah and Brendan Sweeney:

Tahnee Christensen of Maurice Blackburn. 
Stephen Keim QC. 

• Peter Stewart, chair of the Home Insulation Industry Action Group and 72 others:

McLaughlin & Riordan.
Counsel: Michael Windsor QC.

• Peter Garrett: 

Tress Cox Lawyers.
Counsel: Anthony Whitlam QC.

• State of Queensland: 

Jody Cosgrove (solicitor).
Counsel: Tom Bradley QC.

• Mike Mrdak:

Paul Vane-Tempest of Ashurst. 
Counsel: Ian Harvey.

• Mark Arbib:

Richard Murphy of Minter Ellison. 
Counsel: Adam Pomerenke QC. 

• Kevin Rudd:

Patrick George of Kennedys Law. 
Counsel: Bret Walker SC. 

McClellan: inquiry to run until the end of 2015

Royal Commission into Institutional Responses to Child Sexual Abuse

From January 13, 2013 to December 31, 2015

• Estimated cost 2013-2014:

$69,929,000

• Estimated cost 2014-2015:

$72,033,000

• Forward estimate:

$68,891,000 

• Staffing level

2013-14: 130.
2014-2015: 181 (increase by 51).

• Financial assistance towards legal cost and related expenses – expenses for witness:

Estimated cost in 2013-14: $11,632,000
Estimated cost for 2014-2015: $11,632,000
Forward estimate 2015-2016: $11,632,000

• Administered capital funding

2013-14: $12.856 million. 
2014-2015: $2.856 million. 
2015-2016: $4.856 million.

Lawyers involved

• Six commissioners: 

The Hon Justice Peter McClellan AM, Chair of the Royal Commission and Judge of Appeal in New South Wales 
Justice Jennifer Coate, Judge of the Family Court of Australia 
Commissioner Robert Fitzgerald AM, Productivity Commissioner 
Commissioner Helen Milroy, Consultant Child and Adolescent Psychiatrist 
Commissioner Andrew Murray, former Senator for Western Australia 
Commissioner Bob Atkinson AO APM, former Queensland Police Service Commissioner

• Counsel assisting:

Gail Furness SC

• Others assisting the commission:

Simeon Beckett (counsel) 
Caroline Spruce (counsel) 
Angus Stewart (counsel) 
Andrew Naylor (counsel) 
Sophie David (counsel) 

Ms Wolf 
Mr Kim 
Ms Lloyd 
Ms Cosenza 
Ms Viaggio 
Mr Giugni 
Ms Tydd 
Ms Bozym 
Ms Given 
Ms Musgrove
Ms Woodward 
Ms Lee
Ms Russell 
Ms Sanderson 
Ms Dymond 
Ms Kelly 

There have been 11 case studies heard so far . . .  

• Case study 1:

Greg James QC, appearing with Mr Rose. Mr James (solicitor)
Representing Scouts Australia

John Agius SC, appearing with Adrian Williams and Michelle England 
Representing the State of NSW 

Mr G Patterson 
Representing former employees of Hunter Aboriginal Children's Service 

• Case study 2:

Maria Gerace 
Representing unnamed witnesses.

Gregory Sirtes SC, appearing with Phillip English 
Representing YMCA NSW and Phillip Hare, Liam Whitley and Jacqui Barnat.

G. Patterson 
Unnamed witness. 

Ms C Wasley 
YMCA childcare workers Danielle Ockwell, Sheree Ockwell, Alicia Dellaca, Chloe Starr, and former childcare worker Erin Turner. 

Jane Needham SC, appearing with Mr Kelleher, instructed by Mr Glass and Ms Whitby of Gilbert & Tobin
Representing the Council for Truth, Justice and Healing and the Catholic Education Office.

John Agius SC, appearing with Georgia Wright, 
State of NSW (Department of Education and Training, NSW Police Force).

• Case study 3:

Penelope Wass SC 
Representing Mr Phillip Gerber and Ms Jennifer Woodhouse.

Mr P Griffin
Representing Rodney McLary, Martin Drevikovsky,
 
Archbishop Phillip Aspinall,

Ms K McGlinchey 
Representing Archdeacon Greg Ezzy 

• Case study 4:

Peter Gray SC with Jane Needham SC, Mr Gooley, Mr Kelleher and Ms Munro.  
Representing the Truth, Justice and Healing Council, Catholic Archdiocese of Brisbane, the Catholic Diocese of Lismore, the Marist Brothers, the Professional Standards Office in Qld, NSW and the ACT and Catholic Church Insurance Limited. 

Carmen Randazzo SC with by Conor O'Brien
Representing Francis Derriman.   

Stephen Keim SC
Instructed by Mohr Keddy
Representing Father Frank Mulcahy. 

Craig Pratt (Gilshenan & Luton) 
Representing Joan Isaacs.

• Case study 5:

Kate Eastman SC with Trish McDonald SC 
Representing the Salvation Army (NSW) Property Trust, Salvation Army (QLD) Property Trust, Salvation Army Australia Eastern Territory, Commissioner Raymond Condon, Major Peter Farthing.  

John Agius SC with Nicholas Kelly 
Representing NSW Department of Family and Community Services and NSW Police Force.

D. Kent QC
Representing T Keyes 
Instructed by Crown Solicitor for Queensland
For the State of Queensland. 

• Case study 6

Adrian Hallewell (Hallewell Law) 
Representing Ian Hunter 

Jane Needham SC with Mr Kelleher 
Instructed by Gilbert & Tobin
Representing the Truth, Justice and Healing Council - the Corporation of the Roman Catholic Diocese of Toowoomba and the Toowoomba Catholic Education Office. 

D Kent QC, appearing for Mr T Keyes 
Instructed by Crown Solicitor for Queensland
Representing the State of Queensland. 

Patrick Quinn (solicitor, Creevey Russell Lawyers) 
Representing Christopher Fry. 

A.E. Knott (special counsel TressCox Lawyers) 
Representing Terence Hayes. 

David Burns (David Burns Lawyers) 
Representing Catherine Long. 

• Case study 7:

Jacqueline Gleeson SC  with Ms England 
Representing the State of NSW.

S. Benson 
Appearing for Fay Hillery, Diane Chard, Wilma Robb and one unnamed witness.

D. Kaiti 
Appearing for Dianne Graham.

M. McKenzie 
Appearing for Lee Powell.

Kylie Nomchong SC with Mr Latham 
Appearing for Mr Valentine. 

• Case study 8:

Maria Gerace 
Representing John Ellis. 

Mr Peter Gray SC with Ms Wong 
Appearing for the Catholic Archdiocese of Sydeny, the Professional Standards Officer of NSW/ACT, Catholic Church Insurance Ltd, the National Committee for Professional Standards and the Truth, Justice and Healing Council.

P. Skinner 
Instructed by Chris Ford
Representing Brian Rayner.

Tony Whitlam QC with Victoria Brigden 
Representing Dr Michael Casey and Monsignor John Usher. 

• Case study 9:

P. Humphries 
Appearing on behalf of 'various families involved'. 

T Golding, appearing with Ms Karpinski 
Representing the State of SA and four police officers. 

Jane Needham SC with Mr Gooley 
Instructed by Gilbert+Tobin
Representing the Truth, Justice and Healing Council and the Catholic Archdiocese of Adeliade and the Catholic Special Schools Incorporated.  

Ms Litchfield 
Representing Claude Hamam.  

• Case study 10

Kate Eastman SC with Ms Younan 
Representing  the Salvation Army (NSW) Property Trust; The Salvation Army (Queensland) Property Trust; the unincorporated association known as The Salvation Army (Australian Eastern Territory); Commissioner Raymond James Condon, Major Peter Farthing, Major Robyn Smartt, Major Daphne Cox and Major Fay Foster. 

John Agius SC
For the State of NSW.

K. McGlinchey 
Representing Captain Michelle White.

M. McKenzie
Representing Allan Anderson. 

P. O'Brien 
Representing Cherryl Eldridge. 

• Case study 11:

Jane Needham SC with Mr Kelleher, Mr Woods 
Instructed by Gilbert + Tobin
Appearing for the Truth, Justice and Healing Council and for the Christian Brothers.

J. O'Sullivan with Ms Glancey and Ms Pederson 
Representing the State of WA.

R. Royle, appearing with Ms Scanlon (Kelso's Lawyers) 
Representing and unnamed witness.

Mr Cuomo 
Appearing for Gordon Grant. 

Megan Latham: running the best show in town

The NSW Independent Commission Against Corruption 

Operations Credo and Spicer 

2013-14 budget for the ICAC - $26.3 million (the 2014-15 budget will be announced in June). 

• Justice Megan Latham - Commissioner.

• Geoffrey Watson QC – counsel assisting.

Appearing before the commission 

• Stacey Pittendrigh:

James Viney (counsel), instructed by Warwick Anderson of Anderson Boemi. 

• Nabil Gazal:

John Sutton of Armstrong Legal. 

• Anthony Kelly and Nicholas Gazal:

Patrick Griffin (counsel) 

• Rod de Aboitiz:

Andrew Kostopoulos (counsel, Edmund Barton Chambers), instructed by HWL Ebsworth Lawyers. 

• Joe Tripodi:

Ian Pike SC and Matthew Tyson, instructed by Abrahams & Associates.

• Tony Merhi:

Peter Silver (counsel), instructed by HWL Ebsworth Lawyers.  

• Pasquale Sergi: 

Marando Solicitors. 

• Chris Hartcher MP: 

Alister Henskens SC, instructed J.J. Lees & Associates 

• Arthur Sinodinos: 

Dominique Hogan-Doran (St James' Hall), instructed by Peter Keel (Ash Street Partners).  

• Darren Webber: 

Maurice Blackburn.

• Raymond Carter and Ekarin Sriwattanaporn:

Winston Terracini SC, instructed by Benjamin Archbold and Kate McCrossin of Archbold Legal. 

• Christopher Spence: 

Emanuell Conditsis of Conditsis & Associates. 

• Robert Groom: 

Rich SC, instructed by Trisha Hobson of Norton Rose. 

• Paul, Moses and Eddie Obeid Jnr: 

Michael Bowe. 

• Paul Nicolaou: 

Paul Coady (counsel), instructed by JDK Legal. 

• Edward Obeid Snr: 

S. Littlemore instructed by Tim Breen of Breen & Breen.  

• Eric Koelma:

NSW Legal Representation Office. 

• William MacGregor Fraser:

Hernan Pintos-Lopez (11 Wentworth) instructed by Lee and Lyons Solicitors. 

• Dr Tom Parry, Kate Wild, Adrian Miller, Ian Payne:

Bruce Oslingston QC and Andrew Bouris, instructed by King and Wood Mallesons. 

• Kevin Young: 

Nigel Cotman SC (9 Wentworth) instructed by Sparke Helmore.  

• Dr Kerry Schott and Ronald Quill: 

Anthony McGrath QC instructed by Henry Davis York. 

• Kristina Keneally: 

White (counsel). 

• Gregory Skehan:

Andronos, instructed by Colin Biggers & Paisley. 

• Laurie Brown: 

Legal Representation Office. 

• Joseph Craparotta: 

Lewis (counsel), instructed by Jeffrey Abood of ACL Lawyers. 

• Michael Photios:

Reay McGuinness of Watson Mangioni. 

• John Rippon: 

Dunne.

• Angelo Maggiotto:

Johnson of Albert Macri and Co. 

• Timothy Koelma: 

Ms McGlinchey. 

• Peter Canaway:  

Nick Kidd SC, instructed by Allens.  

• Iwan Suito:

Phillip Clay SC instructed by Anthony Whealy of Gadens Lawyers.

• Michael Costa:

John Young (counsel), instructed by (Mr) Bilias. 

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