The Law Institute --- "Legal Action" [1997] LawIJV 36; (1997) 71(2) The Law Institute Journal 19

• Legal Action
• ON THE MOVE
• CONTACT POINTS
• MILESTONES
• Legal Action
• CONTACT POINTS
• VALE

Legal Action

Note: The material contained in this setaiiin Bunn primarily from iniiinnaliun supplied Nv practitioners v,lien not hying practice changes to the Priiiossitsia] Standards and Records Jepnnrtni,inis id the Law Institute. To keep nthr r practitioners as up to date its piissi le i,no1] your current location and pr'ifessiiinal standing, please include in alai' letter brief details of all informal ion required for publication in the journal.

ON THE MOVE

Carey Katz Silver

Philip Carey has resigned as a partner but remains as a consultant with the firm. Doyle Considine

John Weigl has been admitted as a partner.

Sam Holt & Co

Sam Holt & Thomas Nelson has changed its name back to Sam Holt & Co. Kellehers

LM Kelleher & Associates has changed its name to Kellehers.

Maurice Blackburn & Co

Carol Andrades has resigned as a partner but remains as a consultant with the firm. Minter Ellison

Minter Ellison Baker O'Loughlin of Adelaide has changed its name to Minter Ellison, but remains as an independent partnership within the Minter Ellison Legal Group.

Morrison & Sawers

Mary Stewart has resigned as a partner with Felthams and has become an associate with Morrison & Sawers, managing the firm's new office at 226 Wyndham Street, Shepparton, DX 63033/PO Box 1068 Shepparton, tel [phone], fax [phone].

Richmond & Bennison

John Bennison has resigned as a partner but remains with the firm as a consultant. The Frankston office has closed and Michael Richmond now practises from the Mordialloc office.

Rogers & Gaylard

Richard Duffy has resigned as a partner but remains with the firm as a consultant. Schwab's Lawyers & Consultants

Brendan Schwab has commenced part-time practice as Schwab's Lawyers & Consultants at 45 Crimea Street, St Kilda, tel [phone], fax [phone], and continues part-time practice from his Swanston Street office.

Smith Solicitors

Searle Batten has joined Michael Smith as a partner in the firm.

CONTACT POINTS

Barratt & Associates - new address: 4 Felix Crescent, Ringwood.

Akehurst Friend & Allaway - closure of Essendon branch office.

F Costanzo & Associates - new address: 356 Station Street, Lalor, tel [phone], fax [phone].

Robert P McCracken - new address: 72 Dudley Street, West Melbourne, tel [phone].

Scott Thompson & Co - new branch office: 34 Sobroan Street, Shepparton.

Victoria Legal Aid - new addresses: Melbourne office - Level 18, 350 Queen Street, Melbourne, tel (main) [phone], (director) [phone], fax [phone]; Geelong office - the Busport, First Floor, 48 Brougham Street, Geelong, tel [phone], fax [phone].

MILESTONES

Cyril Lorimer (Lorie) Barbour, one of Victoria's longest serving solicitors, has retired from practice at the age of 90.

Mr Barbour entered the legal profession in 1920 as an office boy with Moule Hamilton & Kiddie, where he began a close friendship with a fellow employee, the late Jim Foley. As a common law clerk with WB & 0 McCutcheon, he assisted in 1924 in preparing an appeal to the World Court at The Hague for damages under the Mixed

Anglo-Turkish Reparations Tribunal. After managing a law practice in Nyah West, in 1927 he commenced as a law clerk with Rylah & Anderson, where he completed his articles and worked with another articled clerk, the late Arthur Rylah. Admitted to practice in 1935, Mr Barbour commenced as a sole practitioner, subsequently forming a partnership with Peter Arnold (his son-in-law) and later Neville Cousins in what became Barbour Arnold & Cousins. Two of his three grandchildren are also practising lawyers.

Apart from his years of war service (rising to the rank of lieutenant-colonel in signals units), Mr Barbour has worked continuously in the law since 1920. He developed a wide-ranging practice, acting as the original solicitor for the Victorian Dairy Industry Authority, and for AMCAL, the Victorian Oatgrowers Pool and many other large corporations. He has vivid memories of the old Selbourne Chambers and of briefing Sir Owen Dixon, and remembers Stanley Lewis as an authority on pleadings when these had a much greater importance because of the uncertainty of the courts allowing any amendments to them. His colleagues recently presented him with a memorial of appreciation for his lifetime of service to the legal profession.

Appointment of new barristers' clerks

Ross Gordon (1) and Leigh Jackson have been appointed as the new joint clerks of the List "S" Association (Spurr's List), following the retirement of Ken Spurr after many years service to the List.

Ross Gordon holds degrees in law and commerce and a graduate diploma in management. He is an Associate Fellow of the Australian Institute of Management and was an LIV accredited criminal law specialist. He undertook his articles with Mallesons and thereafter joined the former Legal Aid Committee (later to become the Legal Aid Commission of Victoria and now Victoria Legal Aid). He held a number of positions including those of OIC of the Frankston and Ringwood offices and in 1991 was appointed director of the Criminal Law Division, a position he held until his departure from VLA in May 1996.

Leigh Jackson graduated in law from Melbourne University in 1969. He under-took his articles with the firm of Lester Pearn & Fielden in Oakleigh and some years later moved to Hall & Wilcox. In 1974 he joined the former Legal Aid Committee, and from 1985 to 1996 was director of the Assignments Division of the LACV/VLA.

With over 50 years of involvement in law, both as practitioners and administrators, Ross and Leigh are keen to pro-mote and expand the provision of high quality clerking services to the profession. The clerkship operates under the name of Gordon & Jackson - Barristers' Clerks, from the former offices of Ken Spurr on the ground floor of Owen Dixon West, with the existing telephone, fax and DX numbers. After hours numbers are: Ross Gordon [phone], Leigh Jackson [phone].

Legal Action

Note: The material contained in this setaiiin Bunn primarily from iniiinnaliun supplied Nv practitioners v,lien not hying practice changes to the Priiiossitsia] Standards and Records Jepnnrtni,inis id the Law Institute. To keep nthr r practitioners as up to date its piissi le i,no1] your current location and pr'ifessiiinal standing, please include in alai' letter brief details of all informal ion required for publication in the journal.

ON THE MOVE

Carey Katz Silver

Philip Carey has resigned as a partner but remains as a consultant with the firm. Doyle Considine

John Weigl has been admitted as a partner.

Sam Holt & Co

Sam Holt & Thomas Nelson has changed its name back to Sam Holt & Co. Kellehers

LM Kelleher & Associates has changed its name to Kellehers.

Maurice Blackburn & Co

Carol Andrades has resigned as a partner but remains as a consultant with the firm. Minter Ellison

Minter Ellison Baker O'Loughlin of Adelaide has changed its name to Minter Ellison, but remains as an independent partnership within the Minter Ellison Legal Group.

Morrison & Sawers

Mary Stewart has resigned as a partner with Felthams and has become an associate with Morrison & Sawers, managing the firm's new office at 226 Wyndham Street, Shepparton, DX 63033/PO Box 1068 Shepparton, tel [phone], fax [phone].

Richmond & Bennison

John Bennison has resigned as a partner but remains with the firm as a consultant. The Frankston office has closed and Michael Richmond now practises from the Mordialloc office.

Rogers & Gaylard

Richard Duffy has resigned as a partner but remains with the firm as a consultant. Schwab's Lawyers & Consultants

Brendan Schwab has commenced part-time practice as Schwab's Lawyers & Consultants at 45 Crimea Street, St Kilda, tel [phone], fax [phone], and continues part-time practice from his Swanston Street office.

Smith Solicitors

Searle Batten has joined Michael Smith as a partner in the firm.

CONTACT POINTS

Barratt & Associates - new address: 4 Felix Crescent, Ringwood.

Akehurst Friend & Allaway - closure of Essendon branch office.

F Costanzo & Associates - new address: 356 Station Street, Lalor, tel [phone], fax [phone].

Robert P McCracken - new address: 72 Dudley Street, West Melbourne, tel [phone].

Scott Thompson & Co - new branch office: 34 Sobroan Street, Shepparton.

Victoria Legal Aid - new addresses: Melbourne office - Level 18, 350 Queen Street, Melbourne, tel (main) [phone], (director) [phone], fax [phone]; Geelong office - the Busport, First Floor, 48 Brougham Street, Geelong, tel [phone], fax [phone].

' MILESTONES

Cyril Lorimer (Lorie) Barbour, one of Victoria's longest serving solicitors, has retired from practice at the age of 90.

Mr Barbour entered the legal profession in 1920 as an office boy with Moule Hamilton & Kiddie, where he began a close friendship with a fellow employee, the late Jim Foley. As a common law clerk with WB & 0 McCutcheon, he assisted in 1924 in preparing an appeal to the World Court at The Hague for damages under the Mixed Anglo-Turkish Reparations Tribunal. After managing a law practice in Nyah West, in 1927 he commenced as a law clerk with Rylah & Anderson, where he completed his articles and worked with another articled clerk, the late Arthur Rylah. Admitted to practice in 1935, Mr Barbour commenced as a sole practitioner, subsequently forming a partnership with Peter Arnold (his son-in-law) and later Neville Cousins in what became Barbour Arnold & Cousins. Two of his three grandchildren are also practising lawyers.

Apart from his years of war service (rising to the rank of lieutenant-colonel in signals units), Mr Barbour has worked continuously in the law since 1920. He developed a wide-ranging practice, acting as the original solicitor for the Victorian Dairy Industry Authority, and for AMCAL, the Victorian Oatgrowers Pool and many other large corporations. He has vivid memories of the old Selbourne Chambers and of briefing Sir Owen Dixon, and remembers Stanley Lewis as an authority on pleadings when these had a much greater importance because of the uncertainty of the courts allowing any amendments to them. His colleagues recently presented him with a memorial of appreciation for his lifetime of service to the legal profession.

Appointment of new barristers' clerks

Ross Gordon (1) and Leigh Jackson have been appointed as the new joint clerks of the List "S" Association (Spurr's List), following the retirement of Ken Spurr after many years service to the List.

Ross Gordon holds degrees in law and commerce and a graduate diploma in management. He is an Associate Fellow of the Australian Institute of Management and was an LIV accredited criminal law specialist. He undertook his articles with Mallesons and thereafter joined the former Legal Aid Committee (later to become the Legal Aid Commission of Victoria and now Victoria Legal Aid). He held a number of positions including those of OIC of the Frankston and Ringwood offices and in 1991 was appointed director of the Criminal Law Division, a position he held until his departure from VLA in May 1996.

Leigh Jackson graduated in law from Melbourne University in 1969. He under-took his articles with the firm of Lester Pearn & Fielden in Oakleigh and some years later moved to Hall & Wilcox. In 1974 he joined the former Legal Aid Committee, and from 1985 to 1996 was director of the Assignments Division of the LACV/VLA.

With over 50 years of involvement in law, both as practitioners and adminis

trators, Ross and Leigh are keen to pro-mote and expand the provision of high quality clerking services to the profession. The clerkship operates under the name of Gordon & Jackson - Barristers' Clerks, from the former offices of Ken Spurr on the ground floor of Owen Dixon West, with the existing telephone, fax and DX numbers. After hours numbers are: Ross Gordon [phone], Leigh Jackson [phone].

VALE

David Wells, a partner with Mallesons Stephen Jaques, died on 7 December 1996, aged 54.

The following is an edited version of the tribute given by Peter Kelly, senior partner of Mallesons Stephen Jaques, at t he memorial service for David Wells at St Paul's Cathedral on 16 December 1996

David Wells walked into the old offices of Mallesons at 105 King Street, end tl lerchv into my life and the lives of many others, on 6 March 1967. That day happened to be what was then called 'Sports Day': a happy occasion, long since abolished, when four long established legal firms gathered at the Albert Ground to play cricket and tennis on a business day. In retrospect, it seems to be totally fitting that a person of David's conviviality and style should start his formal labours in the law on such a day.

He then served his articles of clerkship, became a senior associate on 1 july 1971 and a partner three years later. He was a partner for 22 years until his death, a respected senior litigator, a great character and a true friend.

These simple facts are easy to state but of course do nothing to explain the quixotic, quirky and sometimes contradictory nature of the man; nor do they capture the distinctiveness of David's carreer in the law, or anything of the depth and quality of his contribution to the welfare of his clients and the life of our firm.

David's life was full and rich and generous, not only in the law but more importantly in his devotion to his wife Tinka, to his children, to his mother Moinie, to his friends, to community needs and to the church.

David was many things to many people. What was constant for me and which epitomised David was his love of life, his good-naturedness, his sense of fun combined - not infrequently - with a sense of excitement and danger. It was always a delight to be in David's company.

He had a deep and instinctive sense of justice, a firm belief that everyone in the community has a right to access to justice, a total commitment to the cause of his many clients and total integrity in the way he practised.

While David was a masterful litigator who acted for some of Australia's largest corporations and major multinational companies in important and complex cases, he also acted with equal skill, passion and resource for the humble - for individual clients who beat a path to his door. He had a significant pro bono practice for charitable institutions. He also had an informal pro bono practice for those in need.

As a lawyer he had a strong grasp of legal principle, with excellent judgment on the merits of a case, and was a most accomplished and skilled negotiator. The combination of his personal and professional skills inspired the confidence and respect of clients. He was able to convey nnhalatable truths and create realistic Mitt ta+ini s in a way that clients under

i t t ,Intl ,ie c opted. Indeed, many clients h0tOlile I,ts~ her tonal friends. He had a

~~nderful kilt friendship.

let, id led hv: example and by instrueti, in. I Ic was ,l line teacher, mentor

sale niudcl It 1 tie young practitl iulci'~. ctpcei;l A' Iuni' 0 solicitors, artici d clerk,. simullcr clerks and anyone whl beret m his door. This was yet eilllther nl,lnitest,lti~~n of the penerosiry ti his 10111100. It t,lurht sintele truths. the bittenv ,IIIv .,t srilicitiir< vv',Is to the cuse. ]hu .SC~nild liiviIlty wa t0 one's

nts. lute] hi liC:ty ,Ind integrity Were tuntlaillental, dill' the highest ;tand-,rrds wore tulcrahle.

i.h,i: heels said that ettur,tet is not just a virtue it is the .11 lee . This seems very true the more I think about

David and the way he conducted himself over these latter years. He had hopes but no illusions about his condition, but never to my knowledge burdened others with the gravity of his situation.

David treated self-regard and self-absorption as a form of pride to be avoided at all costs. So instead he be-came a vigorous and relentless reformer for better knowledge and treatment of bowel cancer and of effective early detection by screening. He volunteered as a public speaker on the subject on television and spoke most memorably to patient support groups. His extra-ordinary work in this field is already bearing fruit in greater funding and priority for the prevention of this most common form of cancer.

The qualities which David displayed in living his life, in fighting his illness and, finally, in facing his death epitomise those qualities to which each of us aspires.

The legal profession is very proud to have had David as one of our number. And I say to Susan, Jennifer, Stephen, Victoria, Alice, David and Peter that you can be immensely proud of your father.

David has left all of us a very rich legacy - and we thank him for it.