Annual Report 2005-2006 - pilch

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Teresa Cianciosi – LIVLAS
Administrator
For example, in June 2006, the court asked LIVLAS to refer a matter to a pro bono
solicitor involving an unrepresented elderly woman who was the defendant in
proceedings involving complex questions of capacity.
In another matter, the court referred to LIVLAS an unrepresented and impecunious
applicant, in an appeal regarding debt recovery to LIVLAS to be heard the following
week. LIVLAS referred the matter to a firm, who instructed pro bono counsel under
VBLAS. The appeal was decided in favour of the applicant.
d) Inaugural National Access to Justice Conference and Pro Bono Conference 2006,
Melbourne
The Law Council of Australia convened a conference which was held in Melbourne
on 11 and 12 August 2006 at the Grand Hyatt Hotel. Staff of the LIVLAS
contributed to the planning for the conference through the work of a sub-committee
of the LIV Access to Justice Committee. A diverse range of people attended the
conference, which provided an important and valuable opportunity to discuss
strategies to improve access to justice.
SUBMISSIONS
Where possible, LIVLAS endeavours to contribute to law reform and government policy
by making submissions to inquiries on subjects directly relevant to our casework. The
following are examples of such work in 2005 – 2006:
• LIVLAS contributed case studies to the submission made by the Federation of
Community Legal Centres, For Older People, By Older People. The submission
looked at the need and barriers to delivery of legal service and legal education to
older members of the community.
• Eve Stagoll and Michelle Panayi, Manager of VBLAS, worked with Ron Merkel QC
to prepare a joint submission of PILCH and the Victorian Bar to the Senate Legal
and Constitutional Legislation Committee regarding its inquiry into the Migration
Amendment (Designated Unauthorised Arrivals Bill) 2006. The submission was
lodged on 22 May 2006. Ron Merkel QC gave evidence before the Committee in
person in Canberra on behalf of PILCH and the Bar on 26 May 2006.
PROMOTION OF LIVLAS
In the last year, the LIVLAS conducted a membership drive and implemented a range of
strategies to recruit volunteer solicitors and promote the Scheme, including:
• In December 2005, LIV president Victoria Strong wrote to existing members of
the Scheme thanking them for their contribution and asking them to re-register. In
April 2006, incumbent LIV President Cathy Gale sent a reminder email to existing
members of the Scheme attaching the Scheme’s volunteer registration form. There
was a positive response to these efforts with a number of new solicitors registering
for participation in the Scheme.
• In June 2006, we liaised with the Law Institute of Victoria Journal regarding an
article for the August 2006 edition of the journal to promote the Scheme.
ACKNOWLEDGEMENTS
PILCH and LIVLAS thank the Law Institute of Victoria, the Access to Justice Committee
and in particular, Jo Kummrow, John Cain, Mark Woods and Dominique Saunders for
their support of the Scheme.
Particular thanks are also extended to members of the Law Institute who have
participated in the Scheme and given generously of their time and expertise to assist
disadvantaged and vulnerable members of the community.
CASE SUMMARIES
Successful outcome: fraudulent loan agreement
Mr and Mrs Y were served with a complaint in the District Court of Queensland
claiming damages for breach of contract in the amount of $161,320.91. Mr and Mrs
Y, who speak limited English, were not aware that a contract had been entered into,
purportedly by a mortgage broker on their behalf. The matter was referred to Minter
Ellison. Following negotiations by Minter Ellison with the plaintiff on behalf of Mr and
Mrs Y and the provision of evidence of the fraud, the plaintiff agreed to withdraw the
court proceedings and discharge the mortgage. Minter Ellison also lodged a complaint
with the Australian Securities and Investment Commission on behalf of the couple.
Regional firm: Bankruptcy matter
Ms A was served with a notice of bankruptcy in relation to debts she owed to a previous
lawyer who had acted for her in Family Court proceedings. Ms A was unable to pay
the fees before the Family Court made final orders regarding the property settlement
following her divorce. Thank you to John Davine of M. Davine and Co in Warragul
for providing advice and assistance to Ms A. Mr Davine’s assistance reflects the
commitment of rural, regional and remote firms to undertake pro bono work.
Elder persons law: property dispute
Mr L, an elderly man, entered into a agreement to sell part of his estate to his relative.
However, the amount was never paid. The relative lived on his land and constructed
an illegal dwelling. When Mr L asked his relative to vacate the premises, the relative
refused and lodged a caveat of the land. Thank you to Ebsworth and Ebsworth who
provided assistance to Mr L to negotiate with the relative for the caveat to be removed
without the need to issue proceedings.
Successful outcome: Migration matter
Mallesons Stephen Jaques accepted a pro bono referral to instruct pro bono counsel
under the Victorian Bar Legal Assistance Scheme in an application to the Federal
Magistrates Court of Victoria for judicial review of a decision to refuse a protection
visa to a refugee at Baxter detention centre. After receiving written submissions for
the applicant, the Minister for Immigration consented to remittal of the matter to the
Refugee Review Tribunal for a fresh hearing.