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Law Institute Journal (Victoria) |
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Increasing legislative attacks on common law rights are drawing practitioners to the Australian Plaintiff Lawyers Association, according to the group's Victorian president.
Angela Sdrinis says that as rights are chipped away by governments, there is a great need for an association that rep-resents plaintiff lawyers and speaks out for plaintiffs.
Formed two years ago in New South Wales, APLA is modelled on the influential Association of Trial Lawyers of America.
"ATLA is a very strong organisation that provides education and information for members and is also a very powerful lobby group," Ms Sdrinis says.
"It sees part of its role as ensuring that the legislation protects injured people and has had a great deal of success in this."
The Australian association aims to promote excellence in the delivery of legal services to plaintiffs and to coordinate and represent the interests of plaintiff litigators.
There is now a branch in every Australian state and territory except Tasmania.
Ms Sdrinis, a partner with Ryan Carlisle Thomas, says the Victorian government's amendments to WorkCover and the TAC are examples of the legislative attacks faced by practitioners.
However, the continual changes in the law can make it hard for lawyers to organise and lobby against them.
In New South Wales and Queensland, APLA membership is nearly twice that of the Victorian branch. Ms Sdrinis attributes the difference to the traditional dominance of personal injury law by fewer firms in Victoria and the constant attacks by a government that is "anti-lawyer".
"APLA is the best way to organise our-selves, but the government shifts the ground rules so often that we are all so busy trying to keep up with those changes we don't have much time left."
However, she says the number of members is growing and it is vital that lawyers present a united front against threats to their work and their clients.
"Every jurisdiction has faced legislation seeking to restrict common law rights and many areas are still under review.
"Constantly shifting the ground rules can be very frustrating and it makes it very difficult for plaintiff lawyers to represent their clients' interests. That is where APLA can play an important role," she says.
An example of APLA's growing national strength was its inaugural conference in Noosa late last year which attracted about 250 people.
The conference covered areas such as workplace injuries, medical negligence, disability insurance and sports and recreation injuries.
Ms Sdrinis sees the conferences as central to the other main purpose of APLA - sharing knowledge, experience and in-formation.
A database of experts has been established, a regular newsletter is published and breakfast meetings which focus on different issues are held every two months. The last meeting featured Peter Gordon, a partner with Slater & Gordon and Michael McGarvie, a partner with Holding Redlich, examining cases prosecuted in the Federal Court based on relevant product liability provisions in the Trade Practices Act on behalf of injured plaintiffs.
"One of the advantages of a group like APLA is the sharing of information about running cases and practical tips," Ms Sdrinis says.
"APLA formalises the network that many plaintiff lawyers already have and gives them somewhere to search for in-formation.
"In this day and age, personal injury law is highly specialised, complicated and can be a minefield. APLA gives practitioners somewhere to go, from people working in small practices or even in isolation in a big firm."
Those interested in joining APLA should phone (02) 9415 4233 for more information and an application form.
CATHY LAIRD
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URL: http://www.austlii.edu.au/au/journals/LawIJV/1997/33.html