The Piddington Society

The Hon Justice Debra Mortimer, Chief Justice of the Federal Court of Australia, has released a practice note on the next generation of advocates. “Where two or more counsel are briefed, the Federal Court encourages parties to provide appropriate opportunities for junior counsel to take a substantive speaking role in first instance applications, trials, and appeals.” Full note >> https://lnkd.in/gvcWG32j

Congratulations to Seamus Rafferty SC on his appointment as a Judge of the District Court! Admitted to practice in 2002, Mr Rafferty has over two decades' experience as a trial advocate and as appeal counsel in the criminal law jurisdiction. Between February 2023 and joining the District Court, Mr Rafferty was an independent barrister at Geoffrey Miller Chambers, appearing as counsel in numerous criminal proceedings. Prior to that he headed a private legal firm for more than 13 years, during which he appeared as defence counsel in numerous criminal trials and sentencing matters in multiple WA courts. Mr Rafferty previously served as a State Prosecutor at WA's Office of the Director of Public Prosecutions from 2002 to 2009, prosecuting serious offences in the Supreme and District courts. Mr Rafferty was also a former Chairperson of the Liquor Commission of WA and former member of the Commonwealth Administrative Appeals Tribunal. He was appointed as a Senior Counsel in November 2023. Mr Rafferty commences in his new role as a judge on 4 November 2024. Full announcement >> https://lnkd.in/gYSJuJ6u

Next week we are hosting Meet the GCs with our friends at the Association of Corporate Counsel Australia. We will be discussing crisis management, internal coordination, working with external lawyers (including what internal lawyers want) and ethical issues that arise. Attendees are eligible for one CPD point. Register here >> https://lnkd.in/grgA9KbD

Jammin’ for Justice is this Friday night! 🤘 Get the vibes started with the set list here >> https://lnkd.in/g5CttASP

Alright students and grads,   We know you’re going through exams, but now is the time to put in an application for Piddington PLT’s 2025 cohort. 🎓   The application is easy and quick. If you are focused on exams, it’s ok to finish it later (just let us know). ⚖️   We are working with our CLC partners and other colleagues to make Piddington PLT 2025 a great year. 🤝   You will join a community of over 200 Piddington PLT grads, access the Piddington relationships and collegiality, and complete Australia’s best (and most affordable) practical legal training course. ✨   First-round applications close 31 October (spooky! 👻) start the application now >> https://lnkd.in/g3r4kDHq

Gina Cass-Gottlieb is the Chair of the Australian Competition and Consumer Commission writes here about 50 years since the Trade Practices Act and recent reforms to the ACCC and more – Commercial life in Australia half a century ago looked very different to what we know now. Choices were limited. Prices were rigid. Collusive and co-ordinated business behaviours were not seen as aberrations but accepted as the normal way of doing things. It was far from a productive and efficient economy. This changed with the introduction of the Trade Practices Act 50 years ago this month. It helped transform Australia’s economy, aided by the strong educative, compliance and enforcement work of the then-Trade Practices Commission, led by the visionary first chairman Ron Bannerman. The act protected and promoted competition and fair trading as a means of enhancing the welfare of Australians, aligning the rivalrous profit-seeking behaviour of businesses with the interests of consumers. It also secured crucial consumer protections, including the most basic principle that corporations shall not make false representations about their goods or services. The law has been continually tested during the past half-century. But it has proved resilient and flexible amid shifts in community expectations and business practices.

The following is an article about juror misconduct including comments from the Sheriff of New South Wales Tracey Hall and Jeffrey Hunter KC – Another reason jurors might break the rules is because of a lack of understanding about their role, Mr Hunter says. "They don't [always] understand that their job is to resolve the controversy on the basis of the evidence that is put before them, not for them to go around and investigate and try and work out for themselves what happened. "I think they need to understand that it's not their job to find out what happened. Their job is to determine whether someone is proven to be guilty beyond reasonable doubt on the evidence that's put before them." The repercussions of not understanding that, and breaking the rules, are huge. Mistrials can cost tens of thousands of dollars. "In crime, the vast majority of defendants are legally aided. So in the end, the cost is borne by the public," Mr Hunter says. That's not to mention the emotional cost. "It's terribly upsetting to both witnesses and defendants when they get themselves emotionally prepared for [trial] then suddenly it comes to an abrupt end because someone won't do as they're told." Mr Hunter says over the last few years, there have been some changes to the way judges instruct juries at the start of trials, including, in Queensland, receiving a pamphlet outlining rules and being stepped through its details by the judge. "And that's a new development, so I do think it's being taken increasingly seriously."

Next week we are running a CPD session on governance, which is for lawyers advising boards as well as people who sit as directors and committee members.   We are pleased to have the Hon Craig Sanderson, former Master of the Supreme Court of WA, joining the day to present on directors’ duties and share his vast knowledge of corporate governance. We also have Chris Pearce presenting on ethical issues with a contemporary case study and Tanya Brisbane on financial reports and account (which we are assured will be both practical and interesting) as well as other sessions, too.   The session includes lunch, afternoon tea and drinks to conclude.   We have about five more places left, so get in to register here >> https://lnkd.in/gQADdjY6

Some top-notice advice here for new grads and junior lawyers from Bonnie Whyte. Bonnie is a lawyer at Stephen Browne Personal Injury Lawyers, and she has some great advice! 1️⃣ There are lots of parts of the profession - so go find the work that suits you. 2️⃣ Your boss will always love you if you go to them with a solution to your problems. And if you’re keen for more good vibes, get an application for Piddington PLT in! Details are here >> https://lnkd.in/g3r4kDHq