Justice William Charles Crockett AO - Victorian Bar

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Letters to the EditorsSymptoms Not SeenDear EditorsRe: Article “Surviving the Law”,by Geoff Gibson — Bar News, Spring2006have no doubt that in his articleI “Surviving the Law” Geoff Gibson wasseeking to explain the untimely passingof Brendan Griffin in the context ofpressures which can be imposed by thecompetitive life which is life at the Bar,and which affects different individuals indifferent ways. However, in the courseof drawing his comparisons, I think hehas done a disservice to the careers (andnow memories) of Woods Lloyd and NeilMcPhee. For my own part, I was unableto see the purpose of bringing the livesof either of these former barristers intothe context of the article; but insofar asit suggests that Woods Lloyd had an alcoholproblem, and was in the business of“drinking himself to death”, I simply cannotagree with it. Nor can I agree with theunderlying suggestion that Neil McPheeused to find solace and release of stressin his abuse of alcohol. I knew both Woodsand Neil very well. I shared chambers withWoods for many years prior to his death;and I was close friends with Neil for all theyears I was at the Bar. At no time did I seethe symptoms which Geoff describes ineither of them. It is, I think, erroneous tosay that Woods died from a disease whichwas the “product of stress and alcohol”.As I understand it, he died from what wasthen an untreatable cancer. Likewise, Neildied from similar causes.I am not familiar with the particularepisodes which Geoff describes to drawthe conclusions which he did. I would simplysay that “one swallow does not make asummer”. Both men enjoyed a drink, butnever to the point where it interruptedwith their professionalism. The same — Iwould like to think — could be said aboutthe majority of the Bar. In any event, NeilMcPhee and Woods Lloyd were consummatepractitioners whose reputations andmemories should not be sullied or underminedby suggestions that they were“alcohol abusers”.Yours faithfullyJohn WinnekeSounds FamiliarDear Editors,IT pains me to say that it appears thatyou have fallen into the same trap asthat which you say members of my ownprofession collapse into. In your editorial,you make reference to an article by me inwhich you imply that I am of the view thatpress scrutiny is making the “judiciaryuncomfortable”. In fact, that statement isa quote from the Australian Press Council,not by me, and it is appropriate that youshould report it as such. In fact, my articlecomes to very much the same conclusionas your own and for that reason has theheadline “Balance is the Key”. However, areader of your editorial, who had not readmy article, would draw the conclusion thatI thought the media was without fault inits reporting of the judiciary. That is notthe case and the following section frommy piece makes that clear:Community standards are a relevant factorin sentencing and the media is entitled toreport where decisions are out of kilter withthose expectations. And the media is entitleddo so in a manner people can understand.And the cases in Western Australia ofButton, Beamish, Mallard and Mickelbergshow the media has a role in bringingto public attention cases of injustice.But there is a difference between questioningthe reasons for a judge’s decisionand ignoring those reasons andfocusing on the decision without anycontext, balance or reference to thelaws that must be applied by the judge.Those are the lines that are increasinglybeing crossed. The shrill and simplisticcomment by those who don’t bother toread or understand a decision they criticisedamages not only the reputation of courtsand journalists, but the administration ofjustice.I see no acknowledgement in yourpiece of the important role the mediaplays in bringing miscarriages of justice topublic attention. But above all, it does notappear that you have even fully read myarticle, or have chosen to take one bit ofit out of context. Hmmmm ... that soundsfamiliar.RegardsMarcus PriestVISITING GEELONG?The Heymarket Boutique Hotel providesovernight/weekly accommodation to legal,medical and academic corporate travellers.Ask about our Vic Bar Corporate Rate*Reservations: 03 5221 1174www.heymarkethotel.com.au244 Moorabool Street, Geelong*Vic Bar Corporate Rate includes: Wireless high-speedinternet, light continental breakfast, morning newspaper, secureoff-street car parking and access to fully equipped guest kitchenand guest laundry.10
Practice PageLegal Profession Act 2004Practitioner RemunerationOrder (Includes GST)WE the Honourable Marilyn Warren, Chief Justice ofthe Supreme Court of Victoria, Peter Arnold Shattockand Philip Laurence Williams being two personsnominated by the Attorney-General, Ariel Weingart and PeterBardsley Murdoch QC being two members nominated by theLegal Services Board, Margaret Cairns Gourlay being a personnominated by Law Institute of Victoria Ltd, and Nicholas JosephDamian Green QC being a person nominated by Victorian BarInc. and being the seven persons authorised in that behalf by theLegal Profession Act 2004 do hereby in pursuance and exerciseof the powers thereby conferred upon us order and direct inmanner following:1. This Order may be cited as the Practitioner RemunerationOrder and shall come into operation on 1 January 2007.2. This Order applies:(a) in the case of business to which the Second, Third andFourth Schedule applies — to all business for whichinstructions are received on or after the day on whichthis Order comes into operation; and(b) in the case of any other business to which this Orderapplies — to all business transacted on or after the dayon which this Order comes into operation.3. (1) The Practitioner Remuneration Order commenced 1February 2006 is hereby revoked.(2) Notwithstanding the revocation of the PractitionerRemuneration Order commenced 1 February 2006, theprovisions of that Order shall continue to apply to andin relation to business, other than business referred toin Clause 2, in all respects as if that Order had not beenrevoked.4. (1) In this Order and in the Schedules, unless inconsistentwith the context or subject matter:“Folio” means 100 words or figures or words and figures.“In print” means in print on a form readily availablefor sale to the public. “Document” has the same meaning as under Section 3(1) of the Evidence Act 1958.“Typewriting” means the production and presentationof words, figures and symbols on pages or otherwiseby means of hand writing, typewriting or the useof word processing equipment or any other form ofmechanical or electronic production other than photocopying.(2) A reference in this Order and the Schedules to theconsideration is a reference:(a) where the consideration relates to a matter ortransaction and is not wholly monetary, to thesum of the monetary consideration and the valueof the real or personal properly included in theconsideration that is not monetary;(b) where the consideration relates to a matter ortransaction comprising land and personal property,to the sum of the consideration for the landand the personal property;(c) where the consideration or part of the considerationfor a matter or transaction is marriage or anyother consideration which is not monetary, orwhere there is no consideration for a matter ortransaction, to the value of the subject matter ofthe transaction;(d) where the consideration relates to a mortgage,bill of sale or stock mortgage by which a specifiedor ascertainable sum is secured, to the sumof the amount secured and the amount of anyother specified or ascertainable sum agreed to beadvanced and secured; and(e) where the consideration relates to the sale of anequity of redemption:(i) where the purchaser is the mortgagee andthe purchaser employs the legal practitionerwho prepared the mortgage — to the saleprice; and(ii) in any other case, to the sum of the considerationand the amount of any principal sumowing under the mortgage at the time ofsale.(3) Where the consideration relates to a matter or transactioncomprising land under the provisions of theTransfer of Land Act 1958 and other land, the remunerationof the legal practitioner shall be apportionedaccording to the respective values of the properties inquestion and remuneration may be charged in respectof each document necessarily prepared.5. (1) The remuneration of legal practitioners in respectof business connected with sales, purchases, leases,mortgages, wills, settlements, formation and registrationof companies, deeds of arrangement and othermatters of conveyancing, including negotiating foror procuring an agreement for a loan, and in respectof other business not being business in any actionor transacted in any court or in the chambers of anyJudge or in the offices of the Master of the SupremeCourt Prothonotary or other officer of any court andnot being otherwise litigious business, shall, subject tothis Order:(a) where the Second, Third or Fourth Scheduleapplies, be in accordance with that Schedule;and(b) in any other case, he in accordance with the FirstSchedule.11
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Judge Judith Cohen, Justice Rosemar
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Paul Lawrie and crew with the Thors
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Justice William Charles Crockett AO - Victorian Bar

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