War on wig spitters
Wednesday, September 14, 2011
Justinian in David Rofe, Goings On ..., OLSC, PILCH, Russell Keddie, Tom Hughes, Wigs

Non-lawyer abuses barrister's wig at Parramatta - bar draws up emergency plans ... Three years later, and still no date for Keddie disciplinary hearing ... Hughes and Rofe - senior silks sell their chambers ... Law firms doing pro bono refugee work prefer to fly under the radar 

Wig siege at Arthur Phillip ChambersI understand military exercises are being planned by Bar HQ in Phillip Street. 

Following the dreadful incident at Parramatta, when a disturbed person invaded Arthur Phillip Chambers and spat on a barrister's wig, in full view of the gawking public, senior bar leaders went into their emergency operations bunker to draw up contingency plans to deal with future emergencies. 

The first step will be to mobilise barristers who are members of the armed services reserves. Extra after-hours sniper training will be conducted at the Malabar rifle range. 

No longer can the protection of barristers, their chambers and their special garments be entrusted to the police. Members of the bar, almost unanimously, are of the view that sharp shooters should have been called in as soon as the unnamed trespasser started spitting on the horsehair. 

What made the situation even more serious was that the expectorating offender was naked from the waist up. 

It is a well understood convention that no one is to handle a wig while shirtless. 

The bar council is divided on whether the headpiece should be destroyed or whether cleaning would be sufficient. 

The owner of the wig, the very correct Geoff Gersbach, has not been invited to made a submission. 

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Russell Keddie: rolled overThere appears to be frightful stumbling block to getting a date for an ADT hearing of the Keddies' matter. 

It was before the tribunal last week (September 7) and once again no starting date was set. 

The respondents argued that they were still not ready, almost three years after the case commenced. 

Wayne Haylen J put the matter over until October 5 at which time, he said, he would set a date. 

The case brought by the Legal Services Commissioner relates to allegations of gross overcharging in the Meng matter. 

Following the purchase of Keddies by Slater & Gordon for $35 million in late 2010, Russell Keddie rolled-over and admitted he alone was responsible for overcharging Mrs Meng.  

This let the other partners, Scott Roulstone and Tony Barakat, off the hook, as disciplinary complains against them were withdrawn by the Bureau de Spank. They are now with Slater & Gordon. 

However, the disciplinary case against Russell Keddie and senior solicitor Philip Scroope remains on foot and there have been numerous skirmishes over client privilege, expert witnesses, and an agreed statement of facts. 

What it desperately needs now is for the starter's pistol to be fired. 

The Meng case is the only matter being pursued by the Bureau in relation to any of the raft of overcharging allegations against Keddies. Other complaints against the firm about outrageous fees have been withdrawn after former clients settled. 

Mrs Meng became a paraplegic after a bus crash in South Australia.

Her claim was relatively straight forward and there seemed to be no liability issues. It was settled without going to trial.

She did not receive a bill from Keddies, but Mrs Meng later discovered she had been charged $800,000, which represented nearly a quarter of the total settlement of $3.5 million.

One costing expert thought the proper bill should have been between $80,000 and $120,000.

A senior solicitor would have had to work on the case alone, full-time, for a year to justify the fees charged.

On October 20, 2010, six days before the Slater & Gordon takeover was announced, Russell Keddie wrote to Mrs Meng's solicitor, Stephen Firth

''I wish to give you my sincere apology for what has occurred in your claim. As you may know, I [am] presently before the ADT regarding our legal costs and disbursements which were charged by my firm on the successful completion of your case. Although the sum of $180,000 was paid back to you previously, if the ADT decides that there is a different figure I have given my undertaking to the tribunal and I give my undertaking to you to refund this amount immediately with interest from December 21, 2005. I apologise for any inconvenience, stress and anxiety this whole episode may have caused you.''  

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Rofe: free chambersI hear David Rofe QC, one of the elder statesmen of the Sydney bar 'n' grill, sold his room on 12 Selborne/Wentworth for close to $900,000. 

He has now moved into to a three room suite at 15 Wardell in Martin Place, which he acquired for zilch.

After Hughes and Ellicott, Rofe is the third most senior silk still standing at the grill, having taken up the trade in February 1956 and getting his gong in December 1974. 

In taking three rooms at 15 Wardell he relieves some of the pressure after the departure of about six floor members who scattered to other bolt holes. 

An earlier plan for about 10 members of 15 Wardell to start gleaming new chambers on level eight of the same address ended up on the cutting room floor. 

In November last year we reported that as a result of a proposed mass exodus from 15 Wardell rooms there were being offered for "free", with a 10 year lease.  

See announcement in bar newsletter, In Brief.  

It seems as through Rofe has availed himself of this unbeatable opportunity, and managed to trouser $900,000 into the bargain

Meanwhile, Tom Hughes Snr has sold his lavish slice of Blackstone Chambers. He'll stay there in a smaller licensed room.   

A final tip note from our grill roundsperson ... Trish Hoff, the former clerk at Edmund Barton (level 44 MLC) is suing her former chambers for unfair dismissal. 

She was wanting $500,000 and I'm told the floor is defending the action. 

*   *   *

Oh, BTW. Who's the District Court judge who still owes his floor over $20,000? 

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PILCH is doing wonderful work with the offshore asylum seeker project. 

Its NSW and Victorian arms are coordinating a team of more than 70 barristers and about 20 law firms to run the hundreds of cases expected to be brought in the Federal Magistrates Court by people in immigration detention.  

The enterprise is being backed by the NSW bar, the Law 'n' Order Society of NSW and various refugee services. 

Last year's High Court decision in the cases of M61 and M69 has opened the door to judicial review of decisions that resulted in refugees being refused protection visas following the Independent Merits Review procedure.  

So far, people detained at Villawood, Curtain and Scherger detention centres have filed applications. 

It's thought there are around 1,000 people in immigration detention who have had their applications rejected and may have a right of review by the courts. 

Applications have been lodged in every Federal Magistrates Court in the country - close to 100 in Sydney and 50 in Melbourne. PILCH says this will "rise sharply". 

More than 100 lawyers have attended training sessions and more have signed up to attend. 

We asked PILCH whether it could tell us which law firms have generously got behind this massive pro bono effort. 

Sadly, we were advised that this information was not available as some of the law firms were "nervous" about acting against the government and didn't want to rule out the prospect of getting more government work. 

Ummm. 

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