Cornwall Stodart | Publications

Issue 11: June 2007

Welcome to Issue No.11 of Reflections.

Although winter is upon us things are still looking bright, particularly at Cornwall Stodart.

The firm continues to grow and so does our list of new and varied clients. We are involved in a spectrum of interesting and challenging matters. Some highlights include:

acting as the Australian legal advisers to Tasmanian mining, exploration and development company, Zeehan Zinc Limited (and subsidiaries), in its successful application for admission to AIM – the London Stock Exchange’s international market for smaller growing companies;

representing a leading corporation involved in civil construction and road-making in acquiring quarry assets in regional Victoria;

acting on the acquisition and development of a hotel in Springvale Road, Glen Waverley;

conducting a significant succession planning review for a large family-owned business in the retail sector; and
acting on the purchase of a substantial waterfront development in Beacon Cove, Melbourne.

In addition, I am pleased to announce that we have been appointed to the panel of St George Bank.
We have recently celebrated milestones for some of our long-standing partners and employees:

John Date, Consultant and former Partner of the firm, was awarded an Order of Australia Medal in the Australia Day honours. More information about John’s award can be found in the CS Update section, and a profile of John is included over the page.

Liz Guerra-Stolfa, Partner in our Commercial Litigation group, celebrated 20 eventful years at Cornwall Stodart in March. Liz began at CS as an Articled Clerk, in 1987 and became a Partner in 1996.

After 29 years at Cornwall Stodart, Jill Gregory retired on 9 February 2007. Jill’s retirement was celebrated with a cocktail function at the Australian Club. She worked as an Accounts Assistant for the entirety of her employment at the firm and is greatly missed (although it has been noted that the accounts department is much quieter without her!).
Congratulations to each of our loyal partners and employees!

I am also pleased to inform you that we have registered an incorporated practice, Cornwalls Lawyers Pty Ltd, which will trade as Cornwall Stodart from 1 July 2007.

This change will have no impact on the conduct of your matters or the continuation of our services as the partners and lawyers operating in the current structure remain the same.

As at 1 July we intend to transfer your files, deeds and any trust monies held to the new entity. If you have any queries please contact me.

All the best in surviving the Melbourne winter. I will be in touch again later in the year with the next edition of Reflections.

Michelle McLean, CEO

Notification

Effective from 1 July 2007 the Cornwall Stodart Partnership will restructure to become an incorporated legal practice. Cornwalls Lawyers Pty Ltd ACN 120 152 123 will act as agent for the partnership going forward.

Staff Update

The following staff joined the firm over the past six months:

Kerrie-Anne Hutchins - a Senior Associate in the Business Transactions & Advice group.
Clare Hudson - a Lawyer in our Workplace Relations and Employment group. Originally from the UK, Clare has more than four years local experience in this area.

Brett Riddle - joins us permanently after undertaking a practical placement in September 2006. Although Brett is a first-year Lawyer, he is rotating through our various practice groups during his first 12 months.

Anna Smits, Geoff Denton and Jessica Huberman - began Articled Clerkships in March. All three are undertaking rotations in three broad practice areas – Business Transactions & Advice, Commercial Litigation and Commercial Property – and a fourth working in Business Development.

Joanne Davie - an Administrative Assistant/Law Clerk in the Banking & Finance group.

Amy Stewart was admitted in December 2006 and has joined our Commercial Litigation practice group.

Eliza Curtain, Catherine Stribley and Dean Katsavos were all admitted on 17 April. Eliza is working with our Commercial Litigation group, Catherine, our Business Transactions & Advice group and Dean, our Commercial Property group. Congratulations to them all.

Congratulations to Rachael Spooner who gave birth to a healthy baby boy, Jackson Thomas, on 24 November. Rachael returned from maternity leave on a part-time basis on 1 June 2007.

Getting fit at CS

As part of our health and well being strategy, we have engaged a personal trainer to run commando training for all interested staff. Sessions are held twice a week, at 7am, at Flagstaff Gardens. The pre-Christmas session was a great success, but as the weather turns colder in the mornings, some of us are struggling to get out of bed. Give us a wave of encouragement if you are passing by and see us doing star jumps or push ups!

Celebrity status seems to have gone to the heads of the Aunty Jacks, our mixed lawn bowls team. The team featured on television late last year on Coxy’s Big Break and Postcards, but with only one win for the season, the Aunty Jacks found themselves on the bottom of the ladder. They have zipped up their bowls for the time being and are considering an invitation to take part in a proposed new twilight season in 2008.

Our mixed netball team, The Whackers, were travelling quite well throughout the season, however a few losses in the second half of the season saw them missing out on a finals position.

Six of our fitter staff members participated in the BP Ultimate/BRW Triathlon in Melbourne on 25 February. Well done to Justin Evans, Paul Ferguson, Michael Gough, Kathy Guseli, Dean Katsavos, Daryl Lim and Amy Stewart who all completed the 400m swim, 10km cycle and 4km run.

Workplace Relations

In October and November 2006, Louise Houlihan conducted a series of successful WorkChoice seminars throughout Victoria with the Pharmacy Guild of Australia. Louise also spoke at the Victorian Transport Association State Conference in March 2007. Her presentation, WorkChoices - 12 months on, included information about the new record-keeping obligations, the role of The Office of Workplace Services, examples of some prosecutions over the last 12 months and changes to annual and personal leave entitlements.

Young Business People Program

Our first YBP event for 2007 was held at the end of April with drinks and canapés at Sarti Restaurant Bar, where we were pleased to welcome some new members to the program. Afterwards everyone moved onto the Athenaeum Theatre to see Dave Hughes’ show Hughesy Goes Bananas, as part of the 2007 Comedy Festival. The evening was filled with fun and frivolity and was enjoyed by all.

The next event, an educational breakfast seminar, will be held in early August. For more information about our YBP program or to join and ensure you are kept informed of events, please visit our website at www.cornwalls.com.au/ybp.htm

Cornwall Stodart Masquerade Ball

Our most significant staff social event for the year, the firm ball, was held on 21 April at The Red Scooter in East St Kilda. This fantastic venue set the stage for a brilliant evening. A DJ provided entertainment for the night and most people took to the dance floor at some stage!

The theme for the evening was a masquerade. Congratulations to Jessica Huberman who won the prize for the best mask, and to Angela Riddle, wife of Brett Riddle, who won the door prize.

John Date honoured on Australia Day

As mentioned in Michelle McLean’s Welcome, John Date has been awarded an Order of Australia Medal. He was honoured for his service to the community through providing assistance and support for the programs of Catholic religious orders.
He said: "I feel very lucky to be the recipient of an award like this. I have been doing this type of work for a long time and I thoroughly enjoy it. The award is totally unexpected. You don’t look for any recognition when you enjoy the work you are doing."

John started at Cornwall Stodart in 1959 and was appointed Partner in 1960. He served as Managing Partner for 20 years, before retiring in 1989. Retirement was short-lived as he quickly became bored playing golf with "geriatrics", and returned to the fold at Cornwall Stodart only a couple of months later. He continues as a Consultant to the firm and is working on an "almost full-time basis".

"John has played a significant role in the success of Cornwall Stodart. His leadership style and business acumen made him one of the most respected Managing Partners in the history of the firm. He has been a valuable contributor for 48 years," said Michelle McLean, Chief Executive Officer of Cornwall Stodart.

Profiler

John Date OAM,

Consultant

John is a Consultant to Cornwall Stodart having been with the firm for 48 years, including 20 years as Managing Partner.
He has extensive experience in setting up corporate structures for not-for-profit organisations, with particular expertise on religious and charitable groups.
John has a law degree from Melbourne University and has recently submitted his thesis, Implications of Canon Law for Church Organisations Operating in Australia to complete his Masters Degree at Melbourne.

Nicole Stevens-Warton, Senior Associate,

Intellectual Property and Technology

Nicole is a Senior Associate in our Intellectual Property and Technology team.

Nicole's experience in the IP/IT area includes advising clients on trade mark and copyright matters and infringements. Nicole also advises clients on how best to protect their intellectual property in products, services, ideas or concepts and the negotiation and preparation of intellectual property, licensing, service and distribution agreements for clients who conduct business both within Australia, and internationally.

Nicole also has a broad, general commercial practice. Her experience includes the sale and purchase of businesses, advising clients in relation to franchises, advising clients in various aspects of business succession planning and structuring and drafting general commercial documents and agreements.

Nicole has recently returned to Cornwall Stodart after working with the United Nations in Geneva for 5 years. Nicole worked as a legal officer with the United Nations Compensation Commission. This Commission was established pursuant to a United Nations Security Council resolution passed after the cessation of hostilities in the Middle East sparked by Iraq's invasion of Kuwait in August 1990. The Commission was mandated to compensate the victims of that conflict.

Nicole holds a Bachelor of Laws and a Bachelor of Arts from the University of Melbourne.

Tamara Young, Lawyer,

Corporate Advisory

Tamara is a Lawyer in our Corporate Advisory group.

She has broad experience in corporate and commercial law, including mergers and acquisitions, corporate compliance work and revenue law. She has particular expertise in advising clients in the health care and corporate finance sectors.

Tamara has a Bachelor of Laws (Honours) and a Bachelor of Arts (Honours) from the University of Melbourne and has also completed a Postgraduate Diploma in Legal Practice, Skills and Ethics at Monash University.

Tamara is a member of the Law Institute of Victoria.

Client Profile - Anaconda

What is Anaconda?

Australia’s largest camping and adventure superstore, Anaconda, was launched in Bayswater, Melbourne in November 2004 - a project conceived by Toby Darvall and others and backed by the Spotlight Group.

Since the launch of the first store, five more have been opened in Queensland and Sydney with plans for a further 40-50 stores.

The "Bunnings" of Outdoor Stores, Anaconda occupies floor spaces of more than 3000m2 and carries over 30,000 outdoor products including camping, fishing, mountain-biking, kayaking, climbing, hiking and diving.

All stores have 6-10 metre indoor climbing pinnacles and the new format stores even have a kayak pool at the front to test boats.

The stores have quickly become destination stores for anyone interested in the outdoors. The average store has over 300,000 visitors a year.

Cornwall Stodart’s relationship with Anaconda

Anaconda’s rapid expansion and ambitious plans have required significant administrative and legal support.

Cornwall Stodart, through its long standing relationship with Spotlight, has been the key provider of legal support across a wide range of issues and challenges.

Cornwall Stodart has provided advice on new workplace agreements (WorkChoices), executive employment contracts, trade marking, public liability, trust and company structures and minor disputes.

Landmark Media Privacy Case

On 3 April 2007, Hampel J of the Victorian County Court handed down judgment in the case of Jane Doe v Australian Broadcasting Corporation ("ABC") & Ors.

Damages and interest of almost $300,000 were awarded to a rape victim known by the pseudonym Jane Doe for various causes of action including breach of privacy. We acted for the ABC. Only one other Court in Australia (the District Court of Queensland in the decision of Grosse v Purvis) has previously found that the tort of invasion of privacy is recognised in Australia. The Jane Doe decision has major ramifications and is a significant development of the common law in Victoria because the Court found that in Victoria the common law tort of invasion of privacy exists.

In this case the Court found the identification on radio of a rape victim, which is prohibited by legislation, breached the victim’s privacy. It was found that the wrong done was the publication of personal information where there was no public interest in publishing it, and where there was a prohibition on publishing it.

In publishing the information, the Court found the ABC and two employees failed to exercise the care reasonably required of them to protect Jane Doe’s privacy and comply with the prohibition on publication imposed by legislation. The publication, being an unjustified publication of personal information, was found to have breached Jane Doe’s privacy.

An appeal has been lodged with the Court of Appeal. It is expected however, that the decision will open the door for many common law breach of privacy cases against the media. It is likely that the decision will have a significant impact on reporting, the media and broadcasting in Australia.

For further information, please contact Leneen Forde on +61 3 9608 2243 or

l.forde@cornwalls.com.au

Key Client Dinner Raises $16,000 to help street kids

More than 150 of our key clients and Cornwall Stodart partners and staff enjoyed our annual Key Client Dinner on 22 February at the Royal Melbourne Yacht Squadron in St Kilda and raised more than $16,000 to support Open Family Australia’s work with homeless youth.

John Hutchings, Chairman of Partners, who hosted the dinner, said: 'It was a great night. As well as having some fun we were also able to help the less fortunate.'

Ian Cover, a founding member of the Coodabeen Champions who have been broadcasting on ABC Radio for more than 25 years, was guest speaker. He is also an author, television host, after-dinner speaker, professional MC and former parliamentarian.

Ian entertained with stories of his days in the Victorian Parliament when he was the Shadow Minister for Sport, Racing and Youth Affairs; life as a Coodabeen; and times spent with sporting stars such as Merv Hughes and Billy Brownless.

Ian was joined by Phil deFegely, renowned auctioneer, who conducted a charity auction. Ten items, from football and cricket memorabilia to a spa retreat and game of golf with Ian Cover and Billy Brownless, drew spirited and generous bids. Together with the proceeds of a raffle a total of $16,495 was raised for Open Family Australia.

Feedback from clients suggested the night was a huge success, with some clients advocating it was the best Key Client Dinner we have held. Preparations have commenced for the 2008 dinner.

About Open Family Australia

Since 1978, Open Family Australia has been helping young homeless people.

Their team of Street Outreach Specialists are out on the streets at all hours of the day and night. They are proactive in finding alienated, lonely young people who need help. They provide support, encouragement and a positive adult role model to reconnect them with their community.

Open Family’s main focus is on offering relationships rather than services to street children in light of the knowledge that caring, connectedness and belonging are essential for getting them off the streets.

The Street Outreach Specialists’ work is incredible, turning around the lives of one in every two children. Thousands of former street kids are now living normal, happy, healthy lives back in the community thanks to Open Family.

The money raised from our dinner will go towards employing another street outreach worker for Open Family Australia.

For more information about Open Family Australia and the many events they manage, visit www.openfamily.com.au