Annual Report 2004 – 2005 - pilch

Annual Report 2004 – 2005

1
PUBLIC INTEREST LAW CLEARING HOUSE
The Public Interest Law Clearing House (‘PILCH’) is an independent, not-for-profit legal
referral service. It seeks to meet the legal needs of community groups and not-for-profit
organisations, and individuals from disadvantaged or marginalised backgrounds.
PILCH acts as a facilitator or go-between for pro bono legal assistance between the
community and the private legal profession. Its main role is to receive, assess and refer
requests for pro bono legal assistance. PILCH aims to work creatively to match clients
with lawyers willing to give their services without charge.
PILCH coordinates the delivery of pro bono legal services through four schemes:
• the Public Interest Law Scheme;
• the Victorian Bar Legal Assistance Scheme (‘VB LAS’);
• the Law Institute of Victoria Legal Assistance Scheme (‘LIV LAS’); and
• the Homeless Persons’ Legal Clinic (‘HPLC’).
PILCH assists individual clients who satisfy legal merits and means tests and who are
ineligible for legal aid. If the client’s matter raises issues of public interest that require
legal resolution, they will be referred through the Public Interest Law Scheme. They may
otherwise be assisted through LIV LAS or VB LAS. The lawyer who accepts the referral
then acts for the client on a pro bono basis.
Not-for-profit organisations with public interest objectives, or which provide services
that are in the public interest, are also eligible for assistance through the Public Interest
Law Scheme. PILCH aims to support and enhance the work done for and on behalf of
the community by such organisations, which typically function with limited resources, by
providing access to quality legal services.
HPLC assists people who are homeless or at risk of homelessness through the
provision of legal services in relation to civil law and summary crime. The services
are delivered by PILCH member law firms at nine sites around Melbourne which are
frequented by homeless people to access other related services, such as food or
accommodation.
PILCH’s membership represents the diversity of the Victorian legal profession and
includes private law firms, the Victorian Bar, corporate legal departments, community
legal centres and university law faculties.
Members support PILCH in a variety of ways including by providing financial and
‘in kind’ support and by accepting referrals for legal assistance.
PILCH’s objectives are to:
• improve access to justice and the legal system for those who are disadvantaged
or marginalised;
• identify matters of public interest requiring legal assistance;
• seek redress in matters of public interest for those who are disadvantaged
or marginalised;
• refer individuals, community groups and not for profit organisations to lawyers in
private practice and to others in ancillary or related fields willing to provide their
services without charge;
• support and enhance community organisations in pursuing the interests of the
communities they seek to represent; and
• encourage, foster and support the work and expertise of the legal profession in
pro bono and/or public interest law.
PILCH thanks its 2004-2005 members for their support and contribution:
Law Firms
Aitken Walker & Strachan
Allens Arthur Robinson
Andrew George Solicitors
Arnold Bloch Leibler
Arnold Dallas McPherson
Baker & McKenzie
Blake Dawson Waldron
Clayton Utz
Corrs Chambers Westgarth
Deacons
Ebsworth & Ebsworth
Freehills
Herbert Geer & Rundle
Holding Redlich
Hunt & Hunt
Maddocks
Mallesons Stephen Jaques
Middletons
Minter Ellison
Phillips Fox
Robinson Gill
Russell Kennedy
Ryan Carlisle Thomas
Sparke Helmore
The Office of David Grace QC
TressCox
Wisewoulds
Corporate Legal Departments
National Australia Bank Ltd,
Legal Department
Tabcorp Holdings Ltd,
Legal Department
Transport Accident
Commission
Professional Organisations
Law Institute of Victoria
Lawyers Engaged in
Alternative Dispute Resolution
Victorian Bar
Universities
La Trobe University,
School of Law & Legal Studies
Monash University, Law School
University of Melbourne,
Law School
Victoria University,
Faculty of Business & Law
Community Legal Centres
Aboriginal Family Violence
Prevention and Legal Service
Casey Cardinia Community
Legal Service
Coburg Brunswick Community
Legal and Financial
Counselling Centre
Community West
Consumer Law Centre Victoria
Environment Defenders
Office (Vic) Ltd
Essendon Community
Legal Centre
Federation of Community
Legal Centres (Vic)
Fitzroy Legal Service
Flemington-Kensington
Legal Centre
Geelong Community
Legal Service
Gippsland Community
Legal Service
JobWatch Inc
Melbourne University Student
Union Legal Service
Mental Health Legal Centre
Peninsula Community
Legal Centre
Springvale Monash Legal
Service
SRC Legal Service,
La Trobe University
Tenants Union of Victoria
Victorian Aboriginal
Legal Service Inc
Western Suburbs Legal Service
Women’s Legal Service Victoria

CONTENTS
Executive Directors’ Report 3
Public Interest Law Clearing House 5
Victorian Bar Legal Assistance Scheme 10
Law Institute of Victoria Legal Assistance Scheme 13
Homeless Persons’ Legal Clinic 16
Staff 19
Acknowledgments 19
Fellow Profile 20
Financial Reports 21
BOARD MEMBERS
Ian Walker (President) Minter Ellison
Bruce Moore (Treasurer)
Andrew George (Secretary)
Judith Dickson (Alternate)
John Emerson
Robert Jamieson
David Krasnostein
Sarah Matheson
Richard McGarvie SC
Fiona McLeay
Jeannie Paterson
Helen Rhoades (Alternate)
Dominique Saunders
Stephen Sawer
John Sharkey
Peter Seidel
Anna Stewart
Maddocks
Andrew George Solicitors
La Trobe University, School of Law & Legal Studies
Freehills
Blake Dawson Waldron
National Australia Bank Ltd, Legal Department
Allens Arthur Robinson
Victorian Bar
Clayton Utz
Monash University, Law School
University of Melbourne, Law School
Law Institute of Victoria
Phillips Fox
Deacons
Arnold Bloch Leibler
Consumer Law Centre Victoria
PRESIDENT’S MESSAGE
As President of the Board, I am pleased to present the Public Interest Law Clearing House Annual Report for the
period July 2004 to June 2005.
Over the past year, PILCH has continued to coordinate effective and accessible pro bono legal services to notfor-profit
organisations, community groups and disadvantaged individuals – reinforcing PILCH’s reputation as
Melbourne’s one stop pro bono shop. PILCH’s referral work and law reform activity have increased over the year.
All the Schemes administered by PILCH have seen an increase in the number of requests for assistance with a
corresponding increase in referrals to practitioners for pro bono assistance. PILCH relies on the skills and expertise
of a wide range of organisations to meet these demands, including law firms, corporate legal departments,
universities and community legal centres.
As a part of its innovation of new projects to extend the reach of pro bono, PILCH has continued efforts to establish
a Human Rights Legal Centre, has laid the groundwork for a drive into rural, regional and remote areas, and has
worked with universities in Melbourne with the aim of establishing new public interest law subjects.
Community organisations such as PILCH face a range of challenges if they are to survive and stay relevant. Our
Staff and Board have spent a considerable period of time over the last few months formulating and developing a
strategic plan for 2006-2009 to ensure that PILCH maintains its momentum and relevance as an organisation, with
its roots in the provision of pro bono legal services, cognisant of the value it can bring to policy debates in areas
where the rights of the disadvantaged are involved or at risk.
This year, PILCH has also strengthened its ties with the community sector, by offering free membership of PILCH
to community legal centres. There are now 21 community legal centres as members of PILCH, and I look forward
to PILCH maintaining strong, mutually beneficial relationships with these organisations. Ebsworth & Ebsworth,
Sparke Helmore and the Law Institute of Victoria have also become members of PILCH this year and we recognise
their membership as a concrete demonstration of their commitment to pro bono.
I would like to particularly thank the National Australia Bank and Arnold Bloch Leibler for generously
contributing $5,000 each to the PILCH Homeless Persons’ Legal Clinic. This support has contributed greatly to the
financial survival and wellbeing of the Clinic. I would like to acknowledge and thank their representatives on the
PILCH Board – David Krasnostein of the National Australia Bank and Peter Seidel of Arnold Bloch Leibler – whose
efforts were instrumental in procuring that support.
This year, there have been some changes to the PILCH Board. I would like to thank Andrew Blogg of Aitkin Walker
& Strachan and Peter Calliard of Tabcorp Holdings Ltd who have resigned from the Board, for their contribution and
commitment to PILCH. I would like to welcome Robert Jamieson of Blake Dawson Waldron to the Board and thank
Stephen Sawer of Phillips Fox who ably took up a position as Board member during the temporary absence of Fiona
McLeay of Clayton Utz. I extend thanks
to all members of the Board, whose
commitment and expertise have been
critical to the development of PILCH.
Ian Walker – President
2

The PILCH office has also seen significant change this year. I welcome Teresa
Cianciosi, Elise Crowe, Kristen Hilton, Alice O’Connell, Damien Pitts and Bernadette
Segrave who have joined the PILCH staff. I would also like to acknowledge the
continued contribution and dedication of all of the PILCH staff, who have provided
PILCH with their invaluable expertise and commitment throughout the year. PILCH now
also has a well established and efficient volunteer program, with student volunteers
working in the office throughout the year. I thank all the PILCH volunteers for their
critical role in the operation of the PILCH office.
PILCH relies on the commitment and cooperation of a wide range of individuals and
organisations, who continue to work together towards greater access to justice and a
more equitable society. We thank all involved for their contribution this year and look
forward to their continued involvement in the year to come as PILCH continues to play
an integral role in the legal community’s provision of pro bono services to those in need.
Ian Walker
November 2005
… can I say that we regard the service
that PILCH offers as a godsend to
community organisations.
Not-for-profit organisation assisted
by PILCH in 2004-2005
EXECUTIVE
DIRECTORS’
REPORT
PILCH celebrated its 10th anniversary in September 2004. This was a significant
milestone for PILCH which we marked with a dinner at Parliament House and an
address by Sir Anthony Mason AC, KBE and the Victorian Attorney-General, the
Honourable Rob Hulls MP. The occasion was recorded in the PILCH Annual Report
2003-2004.
In the year since our 10th anniversary celebrations, we have dedicated significant time
to developing a strategic plan for PILCH for 2006-2009, which can be viewed on our
website at www.pilch.org.au. The plan is the result of the work of the PILCH staff and
Board and has drawn on the outcomes of a comprehensive external stakeholder review
which was conducted in 2003.
The purpose of the strategic planning process has been to clearly define PILCH’s
vision, values and goals for the next three years. The articulation of these matters has
clarified the many ways in which PILCH and the Victorian pro bono landscape have
changed since PILCH started in 1994.
For example, PILCH’s new vision statement has been crafted to restate its on-going role
in protecting and promoting the public interest through its Public Interest Law Scheme.
PILCH was initially established to identify and address public interest issues through
the use of pro bono legal resources. PILCH still sees the pursuit of the public interest
as one of its principle purposes. PILCH’s position has nonetheless changed somewhat
since that purpose was identified. It now administers the two other organised Victorian
pro bono schemes, the Law Institute of Victoria Legal Assistance Scheme (‘LIV LAS’)
and the Victorian Bar Legal Assistance Scheme (‘VB LAS’) and operates the Homeless
Persons’ Legal Clinic (‘HPLC’). Together, PILCH’s pro bono referral schemes create a
‘one stop shop’ for clients. PILCH’s important relationship with LIV LAS and VB LAS and
their fundamental place within PILCH and the pro bono sector are reflected in PILCH’s
new vision statement. The statement has a focus beyond the protection of the public
interest and expressly includes furthering ‘access to justice’ and protecting human rights
through the facilitation of pro bono legal services.
3

The other significant feature of PILCH’s new vision statement is its express recognition
of a role for PILCH in law reform, policy work and legal education. These activities
are a central and increasing part of PILCH’s operations and are closely connected to
PILCH’s role of linking clients and pro bono lawyers. Through the pro bono referral
work, we are able to identify structural issues which significantly cause and compound
marginalisation and disadvantage in our clients. We seek to collaborate with other
advocates to highlight the impact of these issues on our clients and to press for
appropriate reforms. Similarly, legal education has formed a greater part of PILCH’s
activities in the last few years and we are committed to continuing training and
education around issues related to pro bono, public interest lawyering and substantive
legal issues affecting our clients. One aspect of this is our involvement with several
universities in the development of public interest lawyering subjects at undergraduate
and Masters levels.
In its strategic plan, PILCH has also made an express commitment to innovation and
creativity in pro bono. PILCH seeks to develop the capacity of the Victorian pro bono
sector by involving more lawyers in pro bono work, extending the range of work which
pro bono lawyers do and developing new models for pro bono service delivery which
best serve clients. The HPLC is one recent example of PILCH’s capacity to incubate
new ideas for improving access to justice. In the coming year, one of the key goals
in PILCH’s strategic plan is to establish, with Liberty Victoria, a Human Rights Legal
Centre, which will be dedicated to the protection, promotion and fulfilment of human
rights in Australia. This is an exciting possibility which will involve community legal
centres, community organisations, the private legal profession and universities.
The goals in the PILCH strategic plan for the development of the pro bono sector have
been produced in recognition of the fact that we are operating in an environment where
there is a clear lack of affordable legal services and there are resulting high levels of
unmet legal need. We have witnessed this through the significant growth in inquiries to,
and referrals by, all of the Schemes administered by PILCH. The number of inquiries
for pro bono assistance has risen by an average of 19% and the number of referrals to
pro bono solicitors has also grown by an average of 31% in the last financial year. In the
absence of adequate government funding of legal services, pro bono lawyers are being
called on increasingly to satisfy the need for legal services of many individuals and
community organisations. Given the cost of legal services, the courts are also seeing
an increase in the number of self-represented litigants. These include people who are
employed but whose incomes would not possibly stretch to cover the payment of legal
fees. This growth in the demand for PILCH’s services evidences the need for Federal
and State governments to dedicate greater resources to access to justice programs.
Both levels of government must realise their obligation to the community and its
members to guarantee access to justice and equality before the law.
The capacity of PILCH to respond to the legal needs of the community, in circumstances
where the government is failing to do so in an adequate manner, is dependent on the
commitment and support of the private legal profession. PILCH is very fortunate to
have received exceptional support from our members again this year. This support has
been both financial and in-kind. It has also come from three new members to PILCH:
Ebsworth & Ebsworth, the Law Institute of Victoria and Sparke Helmore. We would
also like to encourage other law firms and corporate legal departments to take up
membership of PILCH. PILCH would greatly appreciate your support and would be able
to extend additional services to the community.
We are also very pleased that the PILCH Board has again been stable, with many
board members having been involved in PILCH for several years now. The board
members have shown that they are very capable and active, particularly through their
involvement in the strategic planning process.
The staff and student volunteers at PILCH are also especially deserving of gratitude
for their dedication and commitment. They are a talented group of people who work
diligently to serve the community. We have had the benefit of increased staffing this
year, which has allowed us to service the increased demands for pro bono assistance.
We have also expanded our student volunteering program considerably to give more
students the opportunity to participate in PILCH and experience how pro bono and
public interest lawyering works.
We also greatly appreciate the support and contribution which the Legal Practice Board,
the Victorian government, the courts, the Law Institute of Victoria, the Victorian Bar,
community legal centres, community organisations and many others provide to us.
Emma Hunt and Paula O’Brien
November 2005
Emma Hunt –
Co-Executive Director
Paula O’Brien –
Co-Executive Director
4

PUBLIC INTEREST LAW CLEARING HOUSE
5
Tabitha Lovett –
PILCH Manager
Damien Pitts –
PILCH Coordinator
MEMBERSHIP
PILCH welcomes new members for 2004-2005, including Ebsworth & Ebsworth,
Sparke Helmore, Law Institute of Victoria and 16 new community legal centres.
FUNDING
PILCH is fully funded by membership fees paid by its members. It also receives generous
in-kind assistance from many of its members. In 2004-2005, PILCH held a dinner to
celebrate its 10th anniversary, which raised additional funds for the organisation.
STAFFING
PILCH is staffed by two part-time Co-Executive Directors, Emma Hunt and Paula
O’Brien, a full-time Manager, Tabitha Lovett, a Coordinator, Damien Pitts, and two
secondee solicitors. They are assisted by student volunteers, interns and fellows.
CASEWORK STATISTICS
During 2004-2005, PILCH received 543 requests for legal assistance under the Public
Interest Law Scheme. This is an increase of 13% from the 2003-2004 financial year.
Arising out of those requests, 186 referrals were made to barristers and solicitors. This
is an increase of 54% from the 2003-2004 financial year. These were matters in which
the client was without the means to pay for legal assistance, could not obtain legal
assistance elsewhere, had a meritorious legal issue and met the public interest criterion.
For individuals, this criterion requires that their legal issue affects a marginalised
or disadvantaged group, raises a matter of broad public concern or impacts on a
large number of people and requires addressing for the public good. Not-for-profit
organisations which have public interest objectives also satisfy this criterion.
Of the referrals made under the Public Interest Law Scheme, 53% were for not-for-profit
organisations, 35% were for individuals, and 12% were for groups. Reasons were noted
in the database for 358 inquiries which were rejected by the Scheme. Of those, 71 were
rejected because they failed to meet the Scheme criteria, 95 were referred to other
legal and/or community organisations (including the Schemes administered by PILCH),
86 clients failed to send in the application form or there was no further contact, and
16 clients found their own assistance or resolved the matter by other means.
LAW REFORM AND ADVOCACY
During 2004-2005, PILCH made the following submissions:
• A joint submission on behalf of the Victorian Bar and PILCH to the Commonwealth
Senate Legal and Constitutional Legislation Committee Inquiry into the Migration
Litigation Reform Bill 2005 (April 2005)
• A submission to the Victorian Human Rights Consultation Committee on the
introduction of a Charter of Rights into Victoria (July 2005)
TRAINING
During 2004-2005, PILCH conducted the following training:
• Pro bono migration litigation training with VB LAS (March 2005)
• ‘Eviction Notices’ seminar with Tenants Union of Victoria and VB LAS (April 2005)
PROJECTS
Student Volunteering Program
During 2004-2005, PILCH coordinated the following programs:
• Volunteer program, with 24 students volunteering on a fortnightly basis
• Internship program, with 24 students completing an internship during the university
vacation periods
• Fellowship program, with 8 seasonal clerks from PILCH member firms completing
a fellowship at PILCH as an extension of their clerkship with the firm
• University placement program, with 2 students from the La Trobe University Public
Interest Placement and 1 student from the Melbourne University Law Students’
Society program.
Rural, Regional and Remote Areas
In February 2005, PILCH received confirmation from the Victoria Law Foundation that
PILCH’s application for a Small Grant to conduct a Rural, Regional and Remote (‘RRR’)
Pilot Project was successful. The Managers of PILCH, LIV LAS and VB LAS plan to travel
to Morwell, Moe and Bairnsdale in 2005-2006, to meet with local lawyers, courts and
community groups to encourage their use of PILCH’s pro bono services for their clients.
Public Interest Law subjects
PILCH has worked with Latrobe University Law School to develop a Public Interest Law
Masters subject. This subject will most likely run in February 2006 with PILCH teaching
some components of the course.
EVENTS
During 2004-2005, PILCH hosted the following events:
• PILCH 10th Anniversary Dinner, with guest speakers the Honourable Rob Hulls MP
and Sir Anthony Mason (September 2004)
• Annual General Meeting, with guest speaker Chief Justice Marilyn Warren
(November 2004)
• ‘Human Rights and Guantanamo Bay’ seminar, with guest speakers Richard Bourke
and Lex Lasry QC (December 2004)
• SLAPP (Strategic Litigation Against Public Protest) Writs seminar, with guest
speakers Brian Walters SC, Jodie Nicholls, Stuart McCallum and Andrew Kenyon
(May 2005)

• Visit by a delegation of human rights academics from Vietnam (May 2005)
• National Meeting of PILCH Victoria, New South Wales and Queensland (June 2005)
• Victorian Government’s Human Rights Consultation seminar (June 2005)
PROMOTION AND PUBLICATIONS
During 2004-2005, PILCH staff made presentations to:
• Allens Arthur Robinson seasonal clerks (July and December 2004)
• Deacons (July 2004)
• Leo Cussen Institute students (July 2004)
• Monash University, Monash/Springvale Legal Service Professional Practice
students (September 2004)
• Victorian Council of Law Students’ Societies Careers Fair (September 2004)
• University of Melbourne Law School, ‘Dispute Resolution and Legal Ethics’ students
(January 2005)
• Monash University Law School, ‘Human Rights in Australian Law‘ students
(January 2005)
• Ebsworth & Ebsworth staff (April 2005)
• Transport Accident Commission staff (April 2005)
• The Victorian Bar Readers Course (May 2005)
• Energy and Water Ombudsman Victoria staff (June 2005)
During 2004-2005, PILCH staff have been interviewed by, or featured, in the
following publications:
• 3CR Radio
• Bar News
• Clayton’s Law (Monash Law Students' Society publication)
• Lawyers Weekly
• Law Institute Journal
• Legal Practice Management Guide (Vic)
• Radio New Zealand
• University of Melbourne Equality Handbook
PILCH produced and distributed the following publications:
Pro Bono in Practice: an e-newsletter which covers PILCH news and developments
in pro bono work, and focuses on issues affecting practitioners. Pro Bono in Practice
was published in July 2004, October 2004, November 2004, June 2005 and August
2005 and was distributed to over 1000 practitioners and interested others. Those on
the PILCH email list are encouraged to further distribute Pro Bono in Practice to their
Clients of Housing for the Aged Action Group. Housing for the Aged Action Group was assisted by
Maddocks to make a submission in relation to proposed amendments to the Retirement Villages Act
1986 (Vic).
colleagues. Pro Bono in Practice can also be downloaded from the PILCH website.
PILCH Matters: a newsletter which informs PILCH supporters and clients of issues
and cases undertaken by the Public Interest Law Scheme, the Victorian Bar Legal
Assistance Scheme, the Law Institute of Victoria Legal Assistance Scheme and the
Homeless Persons’ Legal Clinic. PILCH Matters was published in March 2005 and was
distributed to 1500 practitioners and interested others. An electronic version of PILCH
Matters can also be downloaded form the PILCH website.
PILCH E-News: an email news bulletin containing a snapshot of PILCH activities
specifically for PILCH members. PILCH E-News is distributed to PILCH members
approximately every six weeks.
COMMUNITY CONTACTS
During 2004-2005, PILCH or its Co-Executive Directors were members of:
• Consumer Law Centre Victoria, Board
• Consumer Law Centre Victoria, Dispute Resolution Service Outreach Project,
Steering Committee
• Federation of Community Legal Centres
• Financial and Consumer Rights Council, Management Committee
• Human Rights Legal Centre Reference Group
• JobWatch Inc
• Law Institute of Victoria, Access to Justice Committee
6

Rayner Thwaites – PILCH Secondee
Solicitor, sponsored by the Transport
Accident Commission
Sam Ure – PILCH Secondee
Solicitor, Allens Arthur Robinson
7
• Melbourne Cares Business & Community Partnership Broker Services
• National Pro Bono Resource Centre, Board
• Pro Bono Australia Think Tank
• Victorian Bar Asylum Seekers Sub-Committee
• Victorian Bar Legal Assistance Committee
• Victorian Law Foundation Pro Bono Co-ordinators Group
In 2004-2005, the Co-Executive Directors and the PILCH Manager had many
private meetings with PILCH members, prospective members, courts, government
departments and community organisations.
NOMINATIONS/AWARDS
During 2004-2005, PILCH was nominated for or received the following awards:
• Celebrating Melbourne Award (July 2004)
• Distinguished Pro Bono Service Award to Conrad Smith of PILCH
(February 2005)
• Prime Minister’s Community Business Partnerships Award (May 2005)
• National Australia Bank Volunteer Award (June 2005)
ACKNOWLEDGMENTS
PILCH expresses its appreciation to all of its members, its Board Members,
and, in particular, the members of the Staffing Sub-Committee and Funding and
Membership Sub-Committee.
Special thanks are also extended to the PILCH members who have provided it with
in-kind assistance, particularly:
• Freehills for its design and layout assistance for PILCH publications
• Transport Accident Commission for archiving support
• Mallesons Stephen Jaques, Maddocks, Arnold Bloch Leibler, Deacons and
Allens Arthur Robinson for legal advice.
PILCH would also like to convey its thanks to John Cain, Chief Executive Officer of
the Law Institute of Victoria, Christine Harvey, Executive Director of the Victorian
Bar, Tony Howard and Ross Macaw QC, respective past and present Chairs of
the Victorian Bar Legal Assistance Committee, and Mark Woods, Chair of the Law
Institute of Victoria Access to Justice Committee, for their encouragement and
support of the work of PILCH in administering their schemes and PILCH’s broader
role as a pro bono service provider. PILCH also expresses its appreciation to the
Legal Practice Board for its financial support of the Victorian Bar and Law Institute
of Victoria Legal Assistance Schemes.
PILCH Scheme Areas of Law - Referrals
Other 1.4%
Consumer Credit 1.4%
Freedom of Information
1.8%
Family/De Facto
1.8%
Equity and Trusts
1.8%
Criminal (including inquests)
2.3%
Migration
2.3%
Bankruptcy, Debt Recovery and PERIN Fines
2.8%
Civil Liberties and Human Rights
3.7%
Trade practices
3.7%
Property, Building and Tenancies
4.1%
Taxation
4.6%
Defamation, Media and Entertainment
6.0%
Administrative and Constitutional
6.4%
Employment and Industrial Relations
6.9%
Environment, Native Title, Planning and Local Government
8.3%
Incorporations
8.7%
Discrimination and Equal Opportunity
9.6%
Insurance, Personal Injuries and Torts
10.1%
Commercial, Intellectual Property and Information Technology
12.4%
PILCH Types of Clients
Not-for-Profit Organisations
52%
Inidividuals
35%
Groups (not incorporated)
13%

CASE SUMMARIES
Trade Practices
Herbert Geer & Rundle together with Jim Delany SC and Matthew Barrett of counsel
accepted a referral to represent an animal liberation group in relation to Federal Court
proceedings brought against it alleging that it engaged in conduct contrary to section
45DB of the Trade Practices Act 1974 (Cth) (‘TPA’). The matter was referred to PILCH
by Justice Gray of the Federal Court who considered that the group required expert
legal representation, as the proceedings represent a test case regarding the application
of section 45DB of the TPA (the ‘boycott’ provisions) to environmental protests. The
same proceedings have been issued against an individual who requires separate
representation. Maddocks, together with Charles Scerri QC and Matt Connock
of counsel, accepted a referral to act for the individual on a pro bono basis.
Taxation Law
Arnold Bloch Leibler accepted a referral to assist a peak legal not-for-profit
organisation, to prepare submissions for the Australian Taxation Office in relation to a
recent draft ruling which deals with the definition of charitable status. The organisation
is concerned that the proposed draft would severely restrict its constituents’ ability to
engage in law reform and advocacy and to lobby for changes in government policy.
Superannuation Law
Sparke Helmore accepted a referral, and gave prompt advice, to a not-for-profit
organisation regarding the operation of superannuation contributions to disabled and
supported employees who receive less than 80% of full award wages. The organisation, a
peak body concerned about the rights and needs of people with intellectual disabilities, had
previously received conflicting advice about the requirements for the payment of super
annuation contributions to supported employees under the Australian Liquor, Hospitality
and Miscellaneous Workers Union Supported Employment (Business Enterprises ) Award
2001 and the Superannuation Guarantee (Administration) Act 1992 (Cth).
Defamation, Privacy and Duty of Care
Ebsworth & Ebsworth accepted a referral to assist a not-for-profit organisation whose
primary function is to provide training throughout Australia on issues arising out of
child abuse and building child safe organisations. Specifically, the organisation sought
advice as to the relevant laws regarding the duty of care owed by organisations with
respect to child abuse and defamation and privacy issues regarding reference checks
and screening of employees and volunteers. The organisation wanted expert advice so
they could provide accurate information to participants at training sessions. Ebsworth
& Ebsworth gave timely and thorough advice in the form of a short presentation to staff
members regarding the current state of the law in the areas of privacy, defamation and
negligence. The presentation and advice was well-received by staff members.
We were so lucky to find PILCH.
Their support and assistance
provided us with an outstanding
Tenancy Law
legal team for our case.
Not-for-profit organisation assisted
by PILCH in 2004-2005
In January 2005, Alexandra Richards QC together with Samuel Hopper as junior
counsel, were successful in the Supreme Court of Victoria in challenging the decision
of the Victorian Civil and Administrative Tribunal (‘VCAT’), to evict an 80 year old war
widow and public housing tenant.
Counsel and the Tenants Union of Victoria, who acted on her behalf as instructing
solicitors, argued that VCAT had erred in law. The client has lived in her Lakes Entrance
public housing unit for almost ten years and was a good tenant. However, in October
2004, while she was unwell and receiving medical treatment, her grandson, who was
visiting but had never lived at the property, engaged in conversation with two housing
support workers from the Office of Public Housing who were visiting the property. During
that exchange, her grandson physically threatened the workers and told them to leave
the premises. Following this event, the Director of Housing sought to evict her under
section 244 of the Residential Tenancies Act 1997 (Vic) on the grounds of danger to
occupiers of neighbouring premises. The Director sought an order from VCAT to enforce
the notice to vacate. The Supreme Court found in the tenant’s favour, ruling that the
order by VCAT to enforce the notice to vacate was unlawful. The case turned on the lack
of jurisdiction that VCAT had to hear the matter given that the notice was defective, as
it lacked particulars. This decision has become an important precedent and has been
used successfully to the benefit of tenants in at least 10 cases, including for notices
other than danger, by the Tenants Union of Victoria. The case also raised PILCH’s
awareness of the need to increase the list of barristers able to respond to such matters
at short notice, and as a result, PILCH, VB LAS and the Tenants Union of Victoria
co-hosted a training seminar on this case and the applicable law.
8

LEGAL ASSISTANCE FOR NOT-FOR-PROFIT
ORGANISATIONS AND GROUPS
During 2004-2005, PILCH referred matters to members for legal assistance for the following 95 not-for-profit organisation and community groups:
3CR (Community Radio)
Aboriginal Family Violence Legal Service
Action for Community Living
Adoption Origins Inc
Advocacy and Rights Centre
Aids Housing Action Group
Ampersand
Anglicare
Anglicord
Animal Active
Animal Liberation South Australia Inc
Arthritis Foundation of Victoria
Australian Action on Pre-Eclampsia
Australian Council of Adult Literacy
Australian Sudanese Association in the North
Bass Valley Performing Arts Camp
Carers Victoria Inc
Centre on Housing Rights and Evictions
Child Wise
Chile Lindo Inc
Chronic Illness Alliance
Citizens Advice Bureau & Information Centre Mentone Inc
Clarendon Children’s Centre
Collingwood Community Information and Drop-In Centre
Community Child Care Association Inc
Community Information Victoria Inc
Consumer Credit Legal Service Inc
Consumer Law Centre Victoria
Council of Intellectual Disability Agencies (Vic) Inc
Craig Family Centre
Credit Helpline
Dandenong Ranges Steiner School
Dart Centre for Journalism and Trauma
Dignity Financial Counselling Service
Disability Justice Advocacy Inc
Disability Support and Housing Alliance
Domestic Violence and Incest Resource Centre
Domestic Violence Victoria
Elizabeth Hoffman House, Aboriginal Women’s Family
& Domestic Violence
Falun Dafa Association of Victoria Inc
Federation of Community Legal Centres
Federation of Natural and Traditional Therapists Ltd
Fifteen Restaurant
Financial and Consumer Rights Council
Fitzroy Adventure Playground
Friends of Chicquita Park Residents
Friends of Gippsland Bush
Geelong Community Legal Service
Gertrude Players
Grampians Disability Advocacy Association Inc
Greater Shepparton Botanic Gardens Association Inc
Green Wedges Guardians Alliance
Hobsons Bay Community First
Housing for the Aged Action Group
Huon Valley Environment Centre Inc
Islamic Council of Victoria Inc
Lilydale Community Child Care Inc
Link Community Transport
Mechanics Institute of Dandenong
Multicultural Arts Victoria
Nauru Community Australia Inc
North West Nations Clans Aboriginal
Corporation
Ordo Templi Orientis Inc
Otway Planning Association Inc
Partnerships in Health Promotion Ltd
Proactive Learning Activity Yakka
Real Rights for Refugee Children
Reflex Sympathetic Dystrophy Association of
Australia Inc
RMIT Refugee & Asylum Seeker Project
Sandringham Children’s Playhouse
Save the Ridge Inc
Self Help Addiction Research Centre
Shepparton Heritage Centre
South West Community Legal Centre
Spare Lawyers for Refugees
St Albans Community Youth Club Inc
St Mary’s House of Welcome
Sudalog Project
Sustainable Population Australia
Tenants Union of Victoria
The Star Community Cinema Association
Uniting Church Centre
Uniting Care Harrison Community Services
Upper Yarra Community House Inc
Victorian Aboriginal Community Controlled
Health Organisation
Victorian Alcohol and Drug Association
Victorian National Parks Association
Villamanta Legal Service
VIVAIDS
Voluntary Euthanasia Society of Victoria Inc
Wimmera Information Network Inc
Wimmera Uniting Care
Women’s Liberation Halfway House
Xanana Technical Training Trust
Yarra River Keepers Association
A koala of the Strzelecki Ranges. Friends of
the Gippsland Bush, who work to conserve the
remnant biodiversity values of the Strzelecki
Bioregion, received legal assistance from
Clayton Utz. The Strzelecki Ranges are home
to the only known population of endemic
(non-translocated) koalas in Victoria.
9

VICTORIAN BAR LEGAL ASSISTANCE SCHEME
The Victorian Bar Legal Assistance Scheme (‘VB LAS’) is now in its fifth successful
year of administration by the Public Interest Law Clearing House (‘PILCH’) and is
overseen by the Legal Assistance Committee (‘LAC’) of the Victorian Bar, to which
PILCH regularly reports.
Over 500 barristers – more than 25 per cent of the practising list – have volunteered to
participate in VB LAS. This strong commitment is reflected amongst barristers of all levels
of seniority and is refreshed on an on-going basis, with about 25 per cent of those who
signed the Bar Roll this year also volunteering to participate in VB LAS. Many barristers,
although not formally registered, welcome requests to assist VB LAS when approached.
The majority of applications to VB LAS come from individuals, many with complex legal
problems and without other options for legal assistance. Individual clients are most
often referred to VB LAS by community legal centres or the courts. Referrals made to
barristers may be for advice, drawing documents and/or appearance work.
VB LAS has greatly benefited from office-sharing with PILCH and with the Law Institute
of Victoria Legal Assistance Scheme (LIV LAS) through opportunities for cross-referrals
and shared knowledge.
FUNDING
VB LAS is funded by the Victorian Bar and the Legal Practice Board. This funding
was increased significantly (from approximately $84,000 to $118,000) in the 2004-
2005 financial year to allow VB LAS to employ additional staff to meet the increased
demands for assistance.
Jane Fricke and Susannah Sage Jacobson
Managers, Victorian Bar Legal Assistance Scheme
STAFFING
During the current reporting period, VB LAS ceased to rely on PILCH secondee solicitors, drawn
from the PILCH member firms, to perform casework. In its ‘coming of age’ (from a staffing point
of view), VB LAS now has the benefit of a full-time dedicated Solicitor/Manager position. This
position has been job-shared by Jane Fricke and Susannah Sage Jacobson since October
2004. Prior to Jane’s commencement, Susannah staffed the position three days per week.
VB LAS has also welcomed Bernadette Segrave as administrative assistant to VB LAS two
days per week. Bernadette commenced at VB LAS in November 2004 and has provided
invaluable support in all aspects of VB LAS’s work.
VB LAS also continues to be assisted by the PILCH staff, volunteers, student interns and
fellows and seconded administrators.
CASEWORK STATISTICS
VB LAS has been substantially busier in the 2004-2005 financial year than it was in the previous
financial year, reflecting a continued increase in demand for pro bono legal services. Total
inquiries rose from 284 to 374, an increase of 32%. Referrals were correspondingly higher,
rising 19% from 154 in 2004-2005 to 184 in 2004-2005. This increase is due to both VB LAS’s
increased capacity and an improvement in VB LAS’s profile. Our increased staffing levels allow
VB LAS to affect a higher volume of timely and appropriate referrals and statistics demonstrate
that stakeholders such as courts and community legal centres are approaching VB LAS
more regularly for assistance. In the reporting period, 39.8% of inquiries were made through
community legal centres, 8.5% through Victoria Legal Aid and 8.5% through court registries.
ADVOCACY
The staff of VB LAS participate in project, policy and advocacy activities, in addition to day to
day inquiry and referral work. These activities are recognised as a natural adjunct to the client
inquiry and referral work, through which it is possible to identify significant areas of legal need
and ways in which to facilitate the delivery of pro bono services to meet those needs.
VB LAS has contributed to law reform by drafting submissions to Parliamentary Inquiries
on subjects directly relevant to its casework. VB LAS prepared a joint submission in April
2005 on behalf of the Victorian Bar and PILCH to the Commonwealth Senate Legal and
Constitutional Legislation Committee Inquiry into the Migration Litigation Reform Bill 2005.
The submission drew on previous submissions prepared by PILCH and the Victorian Bar
in 2003 and 2004 on the various reforms to the Migration Act 1958 (Cth) introduced by the
Government that impact significantly on pro bono practice in this area.
VB LAS also made a submission to the Department of Justice in support of a Homeless
Persons’ Legal Clinic proposal to amend the Equal Opportunity Act 1995 (Vic) to make
discrimination on the basis of homelessness or unemployment unlawful.
10

Bernadette Segrave –
Administrative Assistant, Victorian
Bar Legal Assistance Scheme
Anna Millward – PILCH Secondee
Solicitor, Deacons
911
TRAINING
Migration Law Training
On 3 and 8 March 2005, VB LAS co-ordinated two well-received training sessions,
hosted by the Federal Court, on the topic of pro bono migration litigation. Following the
training, at least 22 new barristers registered to participate in the pro bono migration list
operated by VB LAS.
Tenancy Law Training
In April 2005, VB LAS co-ordinated a training session in conjunction with the Tenants
Union of Victoria, focusing on a recent successful appeal to the Supreme Court from
a decision of the Victorian Civil and Administrative Tribunal relating to the procedures
attending use of the ‘danger’ provisions under the Residential Tenancies Act 1997 (Vic)
which allow for eviction with less than 24 hours notice The success of this specialist
session demonstrated that VB LAS is well-placed to provide timely training and add
value to the work performed by counsel through VB LAS.
PROJECTS
Family Violence Sub-Committee
The Family Violence Sub-Committee of the LAC was established in April 2005 in
response to the steady increase in requests for assistance to VB LAS, from community
legal centres and elsewhere, in matters involving family violence. The LAC determined
that a formal Sub-Committee would best address the issue that the existing pro bono
network is not adequately equipped to deal with these applications.
In order for the Family Violence Sub-Committee to gain insight into the specific areas of
need and the most appropriate strategies which could be adopted to address them, the
Sub-Committee held a forum with stakeholders on 22 June 2005. Participants agreed
that the forum had done much to advance discussion of the issue amongst those
working in the area. Consultations by the Sub-Committee with those working in the area
are ongoing and training programs are expected in the next financial year.
Asylum Seeker Sub-Committee
Given the stabilisation of the demand for pro bono services in the migration law area,
the Asylum Seeker Sub-Committee of the Legal Assistance Committee has played a
limited role in advising VB LAS during the current reporting period. Despite this, VB LAS
continues to liaise with the Asylum Seeker Resource Centre and other key stakeholders
to ensure ongoing best practice in managing refugee cases. To this end, the Managers
of VB LAS also continue to be members of the Federation of Community Legal Centres
Immigration Working Group.
Support to the FCA O.80 and FMC Part 12 programs
VB LAS has continued to be engaged in the provision of administrative support and
advice to barristers undertaking matters on a direct access basis under an order of the
Federal Court of Australia or the Federal Magistrates Court. This service has included
liaising with the courts and making applications for access to documents under freedom
of information provisions.
The LAC, with the assistance of VB LAS, is currently liaising with the Federal Court
and the Supreme Court of Victoria to provide input into consideration of whether an
equivalent scheme could be appropriate for the Supreme Court of Victoria.
EVENTS
This year, VB LAS continued to play a role in arranging functions to promote and
recognise participants of VB LAS. On 11 May 2005, the Victorian Bar hosted a drinks
function at the Essoign Club to honour the contribution of barristers to both VB LAS
and the Public Interest Law Scheme, and their other pro bono work. Over one hundred
members of the Victorian Bar who accepted pro bono briefs in the past year were in
attendance at the reception.
VB LAS, with the assistance of PILCH, also arranged an afternoon tea to celebrate United
Nations High Commission for Refugees World Refugee Day on 20 June 2005. Participants
in the pro bono migration lists of both VB LAS and LIV LAS were invited to the event. The
function was generously hosted by PILCH member firm, Middletons and Justice North of
the Federal Court kindly gave a personal address enjoyed by all attendees.
PROMOTION AND PUBLICATIONS
VB LAS is consistently promoted to potential volunteer barristers by speaking at each
Bar Readers’ course throughout the year. The Managers of VB LAS are also extensively
engaged in the promotion of VB LAS, both to the legal profession and the broader
community. VB LAS is promoted through PILCH and Victorian Bar publications, including
regular updates in the PILCH newsletters, PILCH Matters and Pro Bono in Practice, the
Bar newsletters, In-Brief and The Bar News and annual reports for PILCH and the Bar.
ACKNOWLEDGEMENTS
PILCH and VB LAS thank the Victorian Bar Council, the LAC, and in particular, the past
and present chairs of the LAC respectively, Anthony Howard QC and Ross Macaw QC,
for their ongoing and active support of the Scheme.
Particular thanks are also extended to members of the Victorian Bar who have
generously given their time and expertise to ensure that disadvantaged and vulnerable
members of the community receive quality advice and assistance through access to the
legal services of barristers.

Victorian Bar Legal Assistance Scheme
Areas of Law - Referrals
Civil Liberties and Human Rights 1.0%
Probate and Wills
Environment, Native Title, Planning and Local Government
Discrimination and Equal Opportunity
Administrative and Constitutional
Traffic Law
Trade practices
Social Security
Other
Commercial, Corporations and Securities
Employment
Defamation, Media and Entertainment
Bankruptcy, Debt Recovery and PERIN Fines
Consumer Credit
Commercial, Intellectual Property and Information Technology
Family/De Facto
Insurance, Personal Injuries and Torts
Property, Building and Tenancies
Criminal (including inquests)
Migration
1.9%
1.9%
1.9%
1.9%
2.9%
2.9%
2.9%
2.9%
2.9%
3.9%
4.9%
6.8%
7.8%
7.8%
CASE SUMMARIES
Criminal Law
Kellie Blair of counsel, instructed by Werribee Community Legal Centre, appeared on
behalf of a client in the County Court appealing against what was in effect an excessive
penalty. The client had been required to fit an interlock device to her motor vehicle
for a set period prior to applying for return of her licence. Her financial circumstances
had prevented her from fitting the device and the effect of the order was that she had
remained (and would remain) unlicenced for an extended period. Ms Blair appeared
before the County Court in July 2005. The appeal was allowed and the client’s licence
was restored without the condition for an alcohol interlock device.
Criminal Law
Phillip Brown of counsel, instructed by Galbally Rolfe, accepted a referral to provide
advice to the mother of a person accused of murder. She was subpoenaed by the
defence to give evidence in the trial. Because she was not a prosecution witness, she
was compellable and could not avail herself of section 400 of the Crimes Act 1958 (Vic).
She was in need of advice regarding how to seek privilege against self-incrimination.
Phillip Brown was diligent and committed in his reading of transcript and attendance
at the trial. He made an application on behalf of the client and assisted while she was
giving evidence by raising objections on her behalf.
12.6%
14.6%
18.4%
26.2%
46.6%
General Civil Litigation
Geraldine Gray of counsel, instructed by Corrs Chambers Westgarth, appeared in the
Practice Court of the Supreme Court on behalf of a client whose father had died after
injuring himself on a public footpath and being discharged from hospital with internal
bleeding in the brain. The Coroner had advised the family that an autopsy would be
carried out unless they had orders to prevent it. The family’s cultural and religious beliefs
made autopsy abhorrent and counsel successfully obtained orders to prevent it occurring.
Property Law
VB LAS was approached by Blake Dawson Waldron seeking counsel in a matter
where an elderly indigenous man was facing eviction from a house owned by a family
member in circumstances where the client had been living there for over 40 years. Tony
Rodbard-Bean of counsel accepted a referral to act and the matter was satisfactorily
settled at mediation with counsel’s assistance.
Planning and Environment law
Annette Kaitinis of counsel appeared at both a mediation and a hearing in the Victorian
Civil and Administrative Tribunal in a planning matter referred by the Springvale Monash
Legal Service. The clients were elderly residents aggrieved by a Council decision to
grant a permit to operate a paper recycling plant across the road from their home, causing
increased traffic of large trucks, noise and pollution. Although the decision of the Council
to allow the plant was affirmed, the clients were satisfied with the restrictions imposed on
the operation concerning traffic management, parking and fencing.
Property and Construction Law
Chris Archibald of counsel achieved a favourable settlement on behalf of a non-
English speaking client embroiled in a contractual dispute over the purchase of an
apartment. The client was the defendant in proceedings issued in the Supreme Court
and was referred to VB LAS by counsel acting for the plaintiff property developer in a
pre-hearing mediation at the Victorian Bar’s mediation centre.
PILCH has provided an invaluable
service facilitating access to a
calibre of legal advice that might not
otherwise be an option for our small
not for profit organisation.
Not-for-profit organisation assisted
by PILCH in 2004-2005
Georgina Hedges – PILCH
Secondee Solicitor, Transport
Accident Commission
12

LAW INSTITUTE OF VICTORIA LEGAL
ASSISTANCE SCHEME
It is now three years since the Law Institute of Victoria Legal Assistance Scheme
(LIV LAS) began administration by PILCH and the Scheme continues to benefit
greatly from this arrangement. In addition, LIV LAS enjoys a close and collaborative
relationship with the Law Institute of Victoria (‘LIV’) and is overseen by the LIV’s
Access to Justice Committee to whom it regularly reports.
LIV LAS has over 500 member solicitors who have indicated their willingness to take
on pro bono work. These solicitors are from small suburban, regional and rural firms,
as well as from large city firms with formally coordinated pro bono programs. One of
our aims this year has been to add to the active group of solicitors who take on pro
bono matters and encourage solicitors who are involved in the Scheme to promote the
benefits and rewards of pro bono work amongst their colleagues.
FUNDING
LIV LAS is funded by the Law Institute of Victoria and the Legal Practice Board. The
LIV also provides LIV LAS with direct promotional support and IT assistance. Funding
during the 2004-2005 period was increased primarily to allow for LIV LAS to be staffed
by a full time Manager for the first time.
STAFFING
20% from 116 to 139. The increase reflects LIV LAS’s increased capacity and a greater
awareness of the Scheme and the assistance it can provide to solicitors, the courts,
community legal centres and members of the general public.
Each inquiry made to LIV LAS is assessed according to means and merit criteria.
Matters are rejected where an applicant’s matter is considered unmeritorious, where an
applicant has failed to exhaust alternative avenues of assistance, or where the matter
is considered inappropriate for pro bono assistance because of an applicant’s income
or assets. In recent months, LIV LAS has taken an active role in assisting applicants,
who have been deemed ineligible for a grant of legal aid, to appeal this decision and in
several cases we have been successful in securing grants of legal aid for applicants.
A considerable portion of staff’s time is spent on matters that are ultimately unsuitable
for referral. These matters fall into two general categories. There are those matters
for which another agency or service is better placed to deal with the request. This is
in keeping with the policy that LIV LAS be used as a last resort. LIV LAS staff spend
considerable time with applicants discussing how grievances can be best articulated
and, if appropriate, reformulated. It is regarded as best practice to ensure that an
alternative agency or service is contacted before the applicant is referred on.
Kristen Hilton – Manager,
Law Institute of Victoria Legal
Assistance Scheme
Solicitor/Manager LIV LAS
In September 2004, Kate Fisher, LIV LAS’s part time manager since October 2003,
left to have a child. Deborah Di Natale and Kristen Hilton worked as part time locum
Managers of LIV LAS until December 2004, when Kristen commenced as Manager of
the Scheme in a full time capacity. This is the first time LIV LAS has been staffed by a
solicitor on a full time basis and reflects increased and continued demand.
Administrator LIV LAS
Nickolas Troy, LIV LAS’s administrator who was instrumental in re-establishing
LIV LAS at PILCH, left in December 2004 to take up a position at the Supreme Court
Registry. His position was ably filled by Conrad Smith who had previously worked as
administrator for the Victorian Bar Legal Assistance Scheme. When Conrad left to
take up his Articles of Clerkship with Wilmoth Field Warne, PILCH employed Teresa
Cianciosi as LIV LAS’s part time administrator. Teresa previously worked as a law clerk
at Victoria Legal Aid for 19 years.
CASEWORK STATISTICS
Both the number of inquiries and the number of referrals made in the last financial year
have increased significantly. Total inquiries to LIV LAS rose 22% from 595 during 2003-
2004 to 725 inquiries in 2004-2005. The number of successful referrals also increased
Law Institute of Victoria Legal Assistance Scheme
Areas of Law - Referrals
Consumer Credit 0.7%
Incorporations
Taxation
Civil Liberties and Human Rights
Coronial Inquest
Employment and Industrial Relations
Environment, Native Title, Planning and Local Government
Traffic Law
Discrimination and Equal Opportunity
Administrative and Constitutional
Other
Criminal (including inquests)
Commercial, Intellectual Property and Information Technology
Probate and Wills
Migration
Family / De Facto
Property, Building and Tenancies
Bankruptcy, Debt Recovery and PERIN Fines
Insurance, Personal Injuries and Torts
0.7%
0.8%
1.5%
1.5%
1.5%
1.5%
1.5%
2.3%
3.0%
3.0%
3.8%
5.3%
5.3%
9.8%
12.1%
12.9%
15.9%
16.7%
13

ADVOCACY
In 2004-2005, LIV LAS made a submission to the Department of Justice in support of
a Homeless Persons’ Legal Clinic proposal to amend the Equal Opportunity Act 1995
(Vic) to make discrimination on the basis of homelessness or unemployment unlawful.
LIV LAS has also played a direct role in assisting with, and contributing to, PILCH
submissions, including a Communication to the United Nations Committee of
Human Rights on behalf of an asylum seeker and, most recently, a submission to
the Victorian Human Rights Consultation Committee on the introduction of a Charter
of Rights into Victoria.
PROJECTS
In addition to inquiry and referral work, LIV LAS undertakes regular project work. This
work is seen as necessary to address issues of disadvantage and access to justice on
a systemic level.
Legal Aid – Client Referral Project
LIV LAS has met with legal aid representatives from both metropolitan and rural offices
to ensure that clients who are eligible for legal aid are receiving grants. We have also
been active in advocating for additional legal aid funding for civil matters.
Outreach to regional areas
In April 2005, the LIV LAS Manager travelled to the Goulburn Valley and met with
lawyers from firms in Kyabram and Shepparton. These meetings revealed the different
way that pro bono operates in rural areas where matters are often accepted informally
and the pro bono contributions of firms and practitioners often go unrecorded. As a
result of the meeting, three rural firms formally joined LIV LAS.
Teresa Cianciosi - Administrative Assistant, Law Institute of Victoria Legal Assistance Scheme
Rural, Regional and Remote (‘RRR’) Pilot
In February 2005, PILCH received a grant from the Victoria Law Foundation to run a
pilot project which will involve travelling to a rural and regional area to promote pro bono
services and speak to practitioners, court officers and community workers about areas
of unmet legal need in the communities. LIV LAS has been actively involved in the
planning of this project.
PROMOTION
LIV LAS has been active this year in building upon our relationship with the LIV and
augmenting LIV LAS’s profile within the legal community. In the June 2005 edition of the
Law Institute Journal, incumbent LIV president, Victoria Strong, wrote of the important
work of the LIV LAS and called upon members of the profession to join up or renew
their membership details.
Tellingly, while there are over 500 lawyers on the LIV LAS database, this figure
represents only 5% of Victorian practitioners with current practising certificates. The
140 matters that we referred through LIV LAS this year were shared among more than
10,000 solicitors across Victoria. Our aim is to double active membership by the end
of the next financial year, ensure that pro bono contribution is spread evenly across
practitioners and that pro bono work is properly acknowledged.
ACKNOWLEDGEMENTS
PILCH and LIV LAS thank the Law Institute of Victoria, the Access to Justice Committee
and in particular John Cain, Victoria Strong, Mark Woods, Jo Kummrow and Jacqui
Boymal for their ongoing and active support of the Scheme.
Particular thanks are also extended to members of the Law Institute of Victoria who
have generously given their time and expertise to ensure that disadvantaged and
vulnerable members of the community receive quality advice and assistance through
access to the legal services of solicitors.
14

15
Francesca Bartlett – PILCH
Secondee Solicitor,
Allens Arthur Robinson
CASE SUMMARIES
Negligence
In January 2003, an incident occurred between four train patrol employees and a
passenger, Mr B, who had been become verbally abusive and aggressive while
travelling on a train. The incident escalated, and Mr B alleges that the train patrol
employees assaulted him at North Melbourne train station.
The train patrol employees concerned were charged with intentionally causing injury
and convicted. In September 2003, Mr B issued proceedings against the train patrol
employees and their employer, claiming damages for injuries suffered as a result of the
alleged assault, negligence and/or breach of agreement by the employer and the four
train patrol employees, as its servants or agents.
Ligeti Partners agreed to assist and represent the four train employees in their
defence. LIV LAS is pleased to report that the matter has now been settled on terms
that each represented employee contribute a nominal sum and their employer pay the
balance of the plaintiff’s settlement monies.
Migration Law
Ms L arrived in Australia in 1991 as a holder of Temporary Entry (Entertainer) visa,
sponsored by her employer. Shortly after her arrival in Australia, she became involved
in a long-term relationship with her sponsor and the couple married in 2003. In 1992,
Ms L made an application for permanent residence. The application was denied by
the Department of Immigration, Multicultural and Indigenous Affairs and this decision
was upheld by the Migration Review Tribunal (‘MRT’) on the basis that Ms L and her
sponsor had not lived together on a genuinely domestic basis as spouses for six
months prior to the date of the application. An appeal to the Federal Magistrates’ Court
was dismissed.
The matter was referred to Victor Tse of Victor Tse Associates, together with Mr
Richard Niall and Mr Miguel Belmar of counsel, who successfully appealed the
decision in the Federal Court of Australia on the basis that the MRT should have taken
relevant ‘exceptional circumstances’ into consideration. The matter has now been
remitted to the MRT for rehearing.
Refugee Law
Mr R is a Fijian of Indian ethnicity who left his country in 2002 to escape political
persecution. After arriving in Australia, he applied to the Department of Immigration,
Multicultural and Indigenous Affairs for a protection visa which was denied. Mr R
applied to the Refugee Review Tribunal (‘RRT’) for a review of the decision. Before
the hearing, he advised the RRT that he had to attend his cousin’s funeral in Sydney
3CR Radio Presenters: Ronnie Briggs, Gilla McGuinness, Phoebe Barton and Sarojini Krishnapillai.
Holding Redlich provided 3CR Radio with advice about taxation and other governance issues.
and requested an adjournment. The hearing took place anyway and his appeal was
rejected. This decision was appealed to the Federal Court, which determined that
the RRT was in breach of its statutory obligations. DIMIA subsequently appealed this
decision to the Full Federal Court and the decision was overturned. Corrs Chambers
Westgarth accepted this referral after counsel assessed that an appeal had merit and
a special leave application to the High Court was filed. The client was unsuccessful and
leave was not granted.
We have been impressed by the
quality of assistance we have
received through PILCH. It has
made an incredible difference to
our organisation.
Not-for-profit organisation assisted
by PILCH in 2004-2005

PILCH HOMELESS PERSONS’ LEGAL CLINIC
On any given night there are over 100,000 people experiencing homelessness across
Australia, including more than 20,000 homeless in Victoria. A significant proportion of
these people have legal problems that have caused their homelessness (such as being
evicted), contributed to their homelessness (such as being indebted or cut off from
income support), or maintained their homelessness (such as being ‘blacklisted’ on a
residential tenancy database).
The PILCH Homeless Persons’ Legal Clinic (‘HPLC’) provides free legal assistance
to people who are homeless or at risk of homelessness. The HPLC also undertakes
law reform work and public policy advocacy to promote the human rights of people
experiencing homelessness, and community legal education to equip lawyers and
consumers to use the law to respond to homelessness.
Legal services are provided in the areas of civil, administrative and summary criminal
law on a weekly basis by pro bono lawyers from:
• Allens Arthur Robinson at HomeGround Argyle Housing
• Baker & McKenzie at The Salvation Army Life Centre
• Blake Dawson Waldron and National Australia Bank, Legal Department at
Anglicare St Peter’s Eastern Hill and the Lazarus Centre
• Clayton Utz at The Big Issue and Credo Café
• Mallesons Stephen Jaques at Melbourne Citymission Western
• Minter Ellison at Flagstaff Crisis Accommodation and Ozanam House
• Phillips Fox at Hanover Southbank
FUNDING
In 2004-2005, the HPLC was funded in the amount of $76,875 by the Victorian
Department of Justice through the Community Legal Services Program Fund
administered by Victoria Legal Aid. This funding was once again generously
supplemented by donations in the amount of $5,000 each from Arnold Bloch Leibler
and the National Australia Bank, Legal Department. It was also supplemented by
an amount of almost $60,000, comprising grants from the Victoria Law Foundation and
the Consumer Credit Fund, fundraising from events conducted by PILCH and Blake
Dawson Waldron, HPLC training fees, event registration fees, and court costs.
STAFFING
The HPLC is staffed by a full-time Coordinator, Phil Lynch. Throughout 2004-2005, the
Coordinator was provided with excellent paralegal and administrative support by a parttime
Administrator, Emily Chew. Emily will be replaced by PILCH volunteer, Elise Crowe,
in 2005-2006 when Emily departs to travel and then commence her articles with Baker
& McKenzie. The PILCH Co-Executive Directors, Emma Hunt and Paula O’Brien, also
provide outstanding guidance and support to the HPLC.
CASEWORK STATISTICS
In 2004-2005, the HPLC provided free legal services to 433 people who were homeless
or at risk of homelessness. Over 75 per cent of these cases were resolved with a
successful outcome.
The amount of time contributed by volunteer lawyers in 2004-2005 is estimated to
exceed 3,500 hours at a commercial value of almost $1 million.
Examples of the legal assistance rendered include:
• Allens Arthur Robinson assisted a homeless man with over $10,000 worth of
fines to have the matters dismissed on an undertaking of good behaviour.
• Baker & McKenzie helped a young homeless man who had completed a 12
month apprenticeship and was laid off without notice. The matter was successfully
conciliated in the Australian Industrial Relations Commission, where the client
obtained his qualification certificate, as well as a statement of employment and two
weeks of pay.
• Blake Dawson Waldron acted for a young homeless man who suffers from
schizophrenia, homelessness, heroin dependency and poverty and who had accrued
over $2000 in public transport fines. The lawyers were able to convince the Court to
unconditionally dismiss the matters on the basis that the client was working closely
with a case manager to address his drug issues and access treatment in connection
with his illness.
• Lawyers from Clayton Utz acted on behalf of a client whose former landlord had
refused to re-pay bond monies, with the result that the client was unable to afford
to move into a new rental property and was forced to stay in crisis accommodation.
The bond monies were recovered urgently and the lawyers then assisted the client
to find appropriate accommodation.
• Mallesons Stephen Jaques assisted a client, who had been a victim of childhood
sexual abuse, to obtain an interim Victims of Crime Assistance Tribunal order for
15 counselling sessions. It has been a vindicating, empowering experience for the
client, who is now undertaking part time work for the first time in many years.
• Minter Ellison assisted a homeless man – whose circumstances included alcohol
and drug dependency, depression, insomnia, post-traumatic stress disorder and
generalised anxiety disorder – to obtain the revocation of $1500 of outstanding fines.
• Phillips Fox acted on behalf of a male in his early twenties who presented at Hanover
Southbank with 57 accrued PERIN enforcement warrants totalling approximately
$19,000 in fines. The client had incurred these fines in the wake of a serious motor
accident in which he sustained an Acquired Brain Injury. With the generous support of
the client’s treating neuropsychiatrist, the HPLC was successful in an application for
revocation of all 57 fines on the basis of the client’s special circumstances. The fines
were subsequently withdrawn by the issuing agencies.
Philip Lynch – Coordinator,
Homeless Persons’ Legal Clinic
Emily Chew – Administrative
Assistant, Homeless Persons’
Legal Clinic
16

Elise Crowe – Administrative
Assistant, Homeless Persons’
Legal Clinic
17
PROJECTS POLICY AND ADVOCACY
During 2004-2005, the HPLC continued to undertake research and conduct public
policy advocacy promoting the legal and human rights of homeless people. Law reform
submissions made to state and federal governments and bodies included:
• A submission to the Victorian Parliamentary Law Reform Committee in relation to
making the infringement notice enforcement system fairer for people experiencing
financial or social disadvantage
• A submission to the Victorian Government about improving the administration of
justice for homeless people in the court process
• A submission to the Victorian Department of Human Services regarding
homelessness, human rights and public health
• A submission to the Human Rights and Equal Opportunity Commission regarding
the extent, impact and effect of discrimination in employment on the ground of
criminal record
• A submission to the ACCC and ASIC about debt collection practices in relation to
people living in poverty
• A submission to the Joint Standing Committee on Electoral Matters in relation to the
enfranchisement of homeless voters
• A submission to the Senate Select Committee on Mental Health about homelessness
and the links between the promotion of human rights and good mental health
• A submission to the Victorian Department of Infrastructure about public transport and
the rights of people experiencing financial or social disadvantage
• A major research report about the nature, extent and causes of begging and public
and social policy responses to begging
• An urgent communication to the United Nations Special Rapporteur on Adequate
Housing about Australia’s non-compliance with its obligations in relation to the right to
adequate housing
Lawyers from Allens Arthur Robinson, Baker & McKenzie, Blake Dawson Waldron,
Clayton Utz, Mallesons Stephen Jaques, Minter Ellison and Phillips Fox undertook
significant research and drafting for many of these projects.
During 2004-2005, the Victorian Government introduced a number of important initiatives
and amendments based on the HPLC’s advocacy, including the enactment of the
Electoral (Amendment) Act 2004 (Vic) which specifically provides for the enfranchisement
of homeless voters at state elections, and the development of the Equal Opportunity
(Amendment) Bill which, if enacted, will prohibit discrimination on the ground of being
homeless, unemployed or a social security recipient.
Commenting on the HPLC’s law reform work during the year, the Victorian Attorney-
General, the Hon Rob Hulls MP, wrote:
‘PILCH has provided a significant contribution to our understanding of the experience
of homeless people within the justice system. I would like to thank PILCH for producing
such an insightful and comprehensive Report and for its continuing contribution towards a
co-operative, flexible and compassionate legal system.’
Homeless Persons' Legal Clinic Areas of Law
Immigration
Discrimination
Bankruptcy
Health (including Mental Health)
Consumer / Trade Practices
Administrative
Commercial / Tax
Police
Motor Vehicle accident
Insurance
Employment / Industrial
Wills / Probate
Superannuation
Guardianship / Administrative
Social Security
Other
Victims of Crimes
Personal Injury / Negligence
Housing / Tenancy
Privacy 0.5%
Family
Criminal
Debt
PERIN Fines
0.7%
0.7%
0.7%
1.4%
1.4%
1.4%
1.6%
1.9%
1.9%
1.9%
1.9%
2.1%
2.1%
2.6%
3.0%
3.9%
4.6%
4.6%
5.1%
5.3%
8.8%
During 2004-2005, the HPLC was also represented on a number of reference and
advisory groups, including:
• Victorian Government Charter of Rights Reference Group
• Victorian Government Working Group on Disadvantage
• Victorian Government Infringements Framework Reference Group
• AEC/VEC Homeless Voting Task Force
• Housing is a Human Right Reference Group
• Housing Rights Tribunal Steering Committee
• Public Transport Enforcement Forum
• StreetSmart Australia Advisory Group
• Anglicare Victoria Research Ethics Committee
• Homelessness Advocacy Service Reference Group
• Human Rights Legal Centre Reference Group
TRAINING
The HPLC provides significant community legal education to pro bono and community
lawyers, homelessness workers and people experiencing homelessness.
In 2004-2005, in addition to providing a comprehensive 20 hour induction program for
HPLC lawyers, the HPLC provided bi-monthly training sessions and a number of halfday
workshops for community lawyers, homelessness workers and consumers. Training
was delivered on topics including communication skills, empathetic lawyering, mental
health and human rights. Each session was attended by up to 100 people.
10.9%
31.1%

In conjunction with the Council to Homeless Persons, the Homeless People’s
Association and the Centre on Housing Rights and Evictions, the HPLC continued to
provide training to homelessness workers in regional areas about the use of human
rights in homelessness casework, service delivery and advocacy. During late 2004,
the HPLC, together with Consumer Law Centre Victoria and Consumer Credit Legal
Service, also conducted a series of eight half-day workshops throughout regional and
rural Victoria about advocating for financially and socially disadvantaged people in
relation to credit and debt.
The HPLC continued to present guest lectures to law students at the University
of Melbourne and La Trobe University.
EVENTS
A number of major events were convened by the HPLC in 2004-2005, including:
• A fundraising film night with the support of Baker & McKenzie and Clayton Utz
• A fundraising bike ride organised by Deacons secondee and former world
champion cyclist Anna Wilson
• A forum on homelessness, human rights and social inclusion in conjunction with the
Council to Homeless Persons
• A community education forum about discrimination on the ground of criminal
record in association with Fitzroy Legal Service, JobWatch Inc and the Victorian
Association for the Care and Resettlement of Offenders
• A launch of the Homeless Persons’ Court Project Report with the Council to
Homeless Persons
• A workshop regarding human rights in Victoria with Council to Homeless Persons,
the Federation of Community Legal Centres, the Victorian Council of Social
Service and the Financial and Consumer Rights Council
• A seminar on human rights lawyering together with Liberty Victoria
• A forum regarding public and social policy responses to begging with Hanover
Welfare Services, Urban Seed and Melbourne Citymission
• The inaugural National Homeless Persons’ Legal Clinics meeting
PROMOTION AND PUBLICATIONS
In 2004-2005, the HPLC published seven editions of its bi-monthly newsletter, Street
Rights. Each edition of Street Rights contains information about a legal issue relevant
to homeless people, promotes opportunities for engagement and participation in
public policy advocacy and law reform, and profiles a community organisation or
homelessness service provider.
Further major HPLC publications over the year included:
• A symposium on homelessness and human rights published in the December 2004
edition of the Australian Journal of Human Rights
• In conjunction with the Council to Homeless Persons, a special edition of Parity on
the topic of ‘Homelessness, Social Exclusion and Social Inclusion’
• A Voting Information and Enrolment Kit for people experiencing homelessness
• A set of 12 fact sheets regarding the realisation of human rights for people
experiencing homelessness. Each fact sheet contains targeted recommendations
regarding legislative and policy reforms necessary to ensure the full implementation
of human rights for homeless people in Victoria and Australia.
Throughout 2004-2005, the HPLC also published numerous articles regarding
homelessness, human rights and the law in publications as diverse as The Age, Herald-
Sun, Alternative Law Journal and Deakin Law Review. Radio interviews were conducted on
Radio National, 3LO, 3AW, Triple J, RRR and 3CR and a television interview on Channel 9.
AWARDS
In December 2004, the HPLC received a ‘High Commendation’ from the Human Rights
& Equal Opportunity Commission for its ‘proven track record in the promotion and
advancement of human rights in Australia’. The panel judges commented that, since
2001, the HPLC has ‘significantly enhanced the promotion and protection of the human
rights of homeless people by providing free legal assistance and advocacy.’
COMMUNITY CONTACTS
The HPLC is committed to ensuring a high level of consumer participation and
empowerment and works closely with the Homeless People’s Association, the Council
to Homeless Persons and other consumer groups. In line with this commitment,
the HPLC has employed three part-time consumer advocates – people with prior
experience of homelessness – to assist the HPLC to undertake significant research
and develop a detailed submission regarding homelessness and human rights for the
Victorian Government’s Charter of Human Rights project.
The HPLC is also committed to improving, evaluating and expanding its service. In
this respect, the HPLC held a strategic review involving diverse stakeholders including
consumers, lawyers and service providers and also attended workshops in Adelaide
and Perth to assist with the development of specialist homeless persons’ legal services
in those jurisdictions.
ACKNOWLEDGEMENTS
The HPLC thanks volunteer lawyers, participating law firms and host agencies for their
continued support and efforts to ensure that the legal and human rights of homeless
people are promoted and respected.
Alice O’Connell – PILCH
Publications Assistant
18

19
STAFF
Emma Hunt
Co-Executive Director
Paula O’Brien
Co-Executive Director
Judith Cirillo Coordinator (until February 2005)
Damien Pitts Coordinator (from March 2005)
John Davies
Bookkeeper
Afrooz Kaviani Johnston Publications Assistant (until March 2005)
Alice O’Connell Publications Assistant (from March 2005)
Tabitha Lovett
Manager, PILCH Scheme
Susannah Sage Jacobson Manager, Victorian Bar Legal Assistance Scheme
Jane Fricke
Manager, Victorian Bar Legal Assistance Scheme
Bernadette Segrave
Administrator, Victorian Bar Legal Assistance Scheme
Kate Fisher
Manager, Law Institute of Victoria Legal Assistance
Scheme (until September 2004)
Kristen Hilton
Manager, Law Institute of Victoria Legal Assistance
Scheme (from September 2004)
Nickolas Troy
Administrator, Law Institute of Victoria Legal
Assistance Scheme (until December 2004)
Teresa Cianciosi
Administrator, Law Institute of Victoria Legal
Assistance Scheme (from February 2005)
Philip Lynch
Coordinator, Homeless Persons’ Legal Clinic
Emily Chew
Administrator, Homeless Persons’ Legal Clinic
Elise Crowe
Administrator, Homeless Persons’ Legal Clinic
SECONDEES
PILCH thanks those members who, in the last year, made available solicitors and
administrative assistants on secondment:
Solicitor Secondments
Allens Arthur Robinson Francesca Bartlett February 2004 – August 2004
Minter Ellison Jo Bowers April 2004 – October 2004
Transport Accident
Commission Georgina Hedges September 2004 – December 2004
Deacons Anna Millward November 2004 – February 2005
Sponsored by the Transport
Accident Commission Rayner Thwaites December 2004 – June 2005
Allens Arthur Robinson Sam Ure February 2005 – August 2005
Department of Justice Penny Dedes April 2005 – Present
Administrative Secondments
Transport Accident Commission Kylie Shaw January 2005 – February 2005
Transport Accident Commission Michaela Talbot October 2004 – November 2004
Transport Accident Commission Jacinta Baird January 2005 – February 2005
Transport Accident Commission Tatjana Bosevska April 2005 – May 2005
Transport Accident Commission Georgie Mason May 2005 – July 2005
ACKNOWLEDGMENTS
PILCH expresses its appreciation and thanks to the following volunteers, student fellows from PILCH member law firms,
student interns and students on placement who, in the last year, generously gave their time to support the work of PILCH:
Volunteers
Eva Accornero August 2004 – November 2004
Neil Ashton May 2005 – June 2005
Howaida Ayoub March 2005 – June 2005
Simone Bailey April 2005 – June 2005
Zoe Bateman
February 2005 – Present
Rajat Bhattacharya June 2005 – Present
Brigid Blackenberg January 2005 – May 2005
Lee Bolton
April 2005 – Present
Hannah Brown August 2003 – Present
Elise Crowe March 2004 – June 2005
Hannah Cuthbertson March 2005 – Present
Lois Erickson March 2004 – June 2005
Ashley Harding March 2004 – November 2004
Dana Hooshmand February 2005 – Present
Felicity James July 2004 – October 2005
Joanne Lau February 2004 – November 2004
Andrew Lee March 2004 – November 2004
Christine Lui May 2004 – May 2005
Rebecca March June 2005 – Present
Elspeth Martini December 2003 – Present
Natalie Mendelsohn March 2005 – September 2005
Bindi Menzies
August 2004 – Present
Sarah Mount
November 2004 – Present
Alice O’Connell March 2003 – November 2004
Roshaan Raina June 2005 – Present
Victoria Rosen January 2005 – Present
Vincent Saunders March 2005 – April 2005
Sarah Schnider August 2004 – November 2004
Lisa Smith
April 2004 – Present
Emma Stokes August 2004 – November 2004
Sriram Swaminathan March 2005 – Present
Sou Taing
April 2005 – Present
Nadine Vielhuber March 2005 – June 2005
Mehnaz Yoosuf March 2003 – November 2004
Lily Yu-Chun Lin March 2005 – Present
Henrietta Zeffert June 2005 – Present
Fellows
Allens Arthur Robinson
Megan Donaldson September 2004
Blake Dawson Waldron
Georgie Coleman February 2005
Mitchell Sharman February 2005
Minter Ellison
Sarah Schnider August 2004
Zoe Bateman February 2005
Interns
Felicity James July 2004
Lubna Matta November 2004
Sophia Kagan November 2004
Sarah Mount November 2004
Chantal Encavey November 2004
Aida Lee December 2004
Edward Burgell January 2005
Nick Williamson January 2005
Adrian Poon January 2005
Victoria Rosen January 2005
Brigid Blackenberg January 2005
Dana Hooshmand February 2005
Martin Thomas February 2005
Victoria Parkinson May 2005
Rebecca March June 2005
Henrietta Zeffert June 2005
Rajat Bhattacharya June 2005
Roshaan Raina June 2005
Student Placements
La Trobe University
Hannah Cuthbertson February 2005
Nadine Vielhuber February 2005
University of Melbourne Law Students’ Society
John Lee December 2004
Dwaraka Wimaleswaran June 2005
Work Experience
Tony Zdravkovski June 2005

FELLOW PROFILE: ZOE BATEMAN
My first encounter with PILCH was through my housemate Felicity, who had been
volunteering with the organisation for six months. Every Friday after returning from a
day at PILCH, Felicity would speak in glowing terms about the various members of the
tight-knit PILCH ‘family’ and about the satisfaction she felt in helping people secure
access to justice.
So when Minter Ellison invited me to apply for a PILCH fellowship as part of the
seasonal clerkship that I was to complete with the firm, I seized the opportunity, keen to
see what Felicity had been raving about.
Much to my delight, the application was successful and I completed the fellowship
during 31 January - 11 February 2005, immediately after my clerkship at Minters. What
an experience it was! After the formal working environment of a large commercial law
firm, the atmosphere at PILCH was refreshing. All of the staff were keen to offer their
assistance and share their knowledge.
During the fellowship, I had the opportunity to undertake a number of diverse tasks,
including taking telephone inquiries from clients in relation to all the pro bono schemes
administered by PILCH, attending the Homeless Persons’ Legal Clinic at Flagstaff Crisis
Accommodation Centre, attending client meetings with Scheme managers, and drafting
pro bono referral memoranda to solicitors and barristers.
Overall, the fellowship gave me a unique insight into the workings of a not-for-profit
legal referral service, exposure to a variety of areas of law, an understanding of the
importance of pro bono work as a means of ensuring access to justice, and the building
up of practical legal skills. By the end of the fellowship I was hooked, and have been
volunteering at PILCH on a fortnightly basis ever since.
PILCH stands out to me as a unique organisation in its field, with its relaxed yet
professional working environment, and the dedication of its staff to ensuring access to
justice for the disenfranchised members of society. Whilst I will be genuinely sad to bid
farewell to the PILCH family at the end of this year as I finish my studies, I am certain that
my experience at PILCH has put me in good stead to practise law in the years to come.
Zoe Bateman undertook a PILCH fellowship through Minter Ellison in January 2005.
She has been volunteering at PILCH on a regular basis since. Zoe is currently in her
final year of Arts/Law at Monash University. She is commencing articles at Corrs
Chambers Westgarth in 2006.
Bernard Pirrie and Anthony Shortte of Fitzroy Adventure Playground who were assisted by Holding
Redlich in regard to the nature of the Playground’s interest in the land it occupies.
PILCH Volunteers
20

FINANCIAL REPORTS
Statement of financial operations for the year ended 30 June 2005
Public Interest Law Clearing House (Vic) Inc. Reg. No. A0029409J
Notes 2004-05 2004-05 2004-05 2004-05 2004-05 2003-04
PILCH HPLC LIV VICBAR TOTAL TOTAL
Income $ $ $ $ $ $
Membership 260,008 - - - 260,008 187,998
VLF Grant 2,727 - - - 2,727 0
LIV Management Fees - - 126,912 - 126,912 96,022
VICBAR Management Fees - - - 114,633 114,633 81,156
Homelessness Project - 76,875 - - 76,875 75,000
Interest received 6,378 1,962 798 3,060 12,198 9,686
Training/ Teaching Fees - 1,585 - - 1,585 6,809
Event registration 41,311 4,473 - - 45,784 4,019
Court Ordered Costs - 7,340 - - 7,340 0
Refund & Reimbursements 52,123 704 371 1 53,199 2,928
Other income 4,400 34,135 2,100 2,200 42,835 1,012
Donations 150 16,884 - - 17,034 395
Total Income 367,098 143,958 130,181 119,894 761,131 465,023
PUBLIC INTEREST LAW CLEARING HOUSE INC. REG. NO. A0029409J Notes to and
forming part of the Special Purpose Financial Statements for the year ended 30 June 2005.
Note 1 - Statement of Accounting Policies
These financial statements are special purpose financial reports prepared for use by
the Board and members of the Public Interest Law Clearing House Inc. The Board has
determined that the Association is not a reporting entity and there is no requirement
to apply all Accounting Standards, UIG Consensus Views and other mandatory
professional reporting requirements in the preparation and presentation of these
statements.
These statements are prepared on an accrual basis from the records of the Association.
They are based on historic costs and do not take into account changing money value or
except where stated, current valuations of non-current assets. Accounting policies have
been consistently applied, unless otherwise stated.
Expenditure
Payroll 215,633 79,514 82,882 70,650 448,679 325,133
Salary oncost 32,072 9,189 5,004 14,185 60,450 41,578
Occupancy 20,257 6,221 10,164 9,559 46,201 36,171
Other expenses 7,240 4,386 12,914 12,062 36,603 25,943
Conference attendance, travel & event staging costs 24,497 20,948 839 209 46,492 16,211
Communications 7,780 2,476 3,806 3,791 17,852 14,207
Amenities, postage & stationery 8,410 1,810 6,338 2,957 19,515 13,291
Printing 3,090 1,097 1,545 1,475 7,207 11,520
Depreciation 2 6,224 1,333 246 2,537 10,339 8,100
Equipment repairs & replacements 3,360 800 1,446 1,484 7,090 6,385
Finance & Insurance 2,945 860 1,292 1,169 6,265 6,135
Library & Membership 1,650 684 764 879 3,978 4,816
Consultants 125 500 - - 625
Note 2 - Depreciation
Provision is made for the depreciation of all non-current assets, over the
effective life of each asset. Depreciation is applied using the straight line
method and commences from the first full month the asset is held for
use. The rates of depreciation applied are:
Computer Equipment 30%
Office Furniture & Fittings 10%
Note 3 - Long Service Leave Provision
Provision is made for Long Service Leave for all eligible employees.
Total expenditure 333,282 129,818 127,240 120,957 711,297 509,489
Surplus (Deficit) for year 33,816 14,140 2,940 (1,063) 49,834 (44,466)
Accumulated Funds as at 1 July 2004 181,415 4,352 8,949 27,863 222,578 257,044
Surplus (Deficit) for year 33,816 14,140 2,940 (1,063) 49,834 (44,466)
Transfer from Reserves - - - - 10,000
Accumulated Funds as at 30 June 2005 215,231 18,492 11,890 26,800 272,412 222,578
John Davies – Bookkeeper
21

Statement of financial position as at 30 June 2005
Statement of Cash Flows for the year ended
30 June 2005
Assets Notes 2005 2004
Current assets $ $
Cash at Bank: PILCH Account 168,942 188,883
Cash at Bank: LIV Account 32,507 47,949
Cash at Bank: Term Deposit 100,000
Cash on hand 140 100
Accounts receivable 44,558 29,814
Prepayments 3,400 3,774
Total current assets 349,548 270,520
Non-Current assets
Fixed Assets
Equipment & Furniture 2 24,661 23,356
less Prov. for Depreciation -5,219 -2,807
Computers 2 28,237 23,873
less Prov. for Depreciation -16,587 -8,659
Total current assets 31,092 35,763
Total Assets 380,640 306,283
Less Liabilities
Current liabilities
Accounts payable 18,058 18,542
PAYG Withholding Tax & GST 41,889 34,045
Provision for Annual Leave 27,356 16,990
Unspent funds: Homeless Persons’ Legal Clinic 18,492 4,352
Unspent funds: LIV Legal Assistance Scheme 11,890 8,949
Unspent funds: Vic Bar Legal Assistance Scheme 26,800 27,863
Total current liabilities 144,484 110,741
Non-Current liabilities
Provision for Long Service 3 20,925 14,127
Total non-current liabilities 20,925 14,127
Total liabilities 165,409 124,868
Net Assets 215,231 181,415
Accumulated Funds
Balance 1 July 2004 181,415 166,690
Surplus (Deficit) for year 33,816 14,725
Balance 30 June 2005 215,231 181,415
Notes 2004-05 2003-04
$ $
Inflows Inflows
(Outflows) (Outflows)
Cash flows from operating activities
Receipts from membership & donations 277,042 188,393
Receipts from government grants - recurrent 76,875 156,156
Receipts from other sources 380,271 93,486
Interest received 12,198 9,686
Payments to suppliers and employees (676,061) (452,437)
Net cash provided by operating activities 2 70,325 (4,717)
Cash flows from investing activities
Payment for purchase of computers and equipment (5,669) (15,376)
Net cash used in investing activities (5,669) (15,376)
Net increase (decrease) in cash held 64,657 (20,093)
Cash at beginning of the financial year 236,933 257,026
Cash at end of the period 1 301,589 236,933
The accompanying notes form part of this statement.
Notes to the Statement of Cash Flows
1. Reconciliation of Cash
For the purpose of the statement of cash flows, cash includes
cash on hand, cash at bank.
Cash at the end of the financial year as shown in the
Statement of Cash Flows is
reconciled to the related items in the balance sheet as follows:
2004-05 2003-04
$ $
Cash on hand 140 100
Cash at bank 301,450 236,832
301,589 236,933
2. Reconciliation of Net Cash used in Operating Activities
to Operating Result
2004-05 2003-04
$ $
Operating result 49,834 (44,466)
Depreciation 10,339 8,100
Increase in Sundry Creditors 7,359 19,070
Increase in Provision 17,164 9,341
(Increase) Decrease in Accounts Receivable (14,745) 7,012
(Increase) Decrease in Prepayments 374 (3,774)
Net Cash provided by Operating Activities 70,325 (4,717)
3. Tax Status
The activities of the entity are exempt from taxation.
22

Public Interest Law Clearing House (Vic)
Incorporated © 2005
Level 1, 550 Lonsdale Street
Melbourne VIC 3000
Tel: (03) 9225 6680
Fax: (03) 9225 6686
DX 38227 Flagstaff
Email: pilch@vicbar.com.au
Website: www.pilch.org.au
Annual Report 2004-2005
November 2005
Written and compiled by staff, secondee solicitors and
volunteers of the Public Interest Law Clearing House.
Printed by Brougham Press.
Photography by Henrietta Zeffert (pages 4,5,17,18 &
20), Bonnie Savage (pages 6, 15 & 20), Murray Yan
(pages 2 & 13) and Emma Phillips (pages 4, 7 & 10-16).
Ms Zeffert is a student volunteer at PILCH and provided
her services free of charge. Mr Kozka, Ms Savage and
Ms Phillips also provided their services free of charge
after being referred to PILCH through goodcompany,
an organisation aimed at promoting philanthropy and
volunteerism amongst young professionals.
Special thanks to Freehills for designing and producing
this Report free of charge.
The Public Interest Law Clearing
House has been the facilitator
in connecting those who seek
justice with those who can see
to it that justice is delivered.
To safeguard freedom of speech
and freedom of belief is a great
responsibility and PILCH rose to
the occasion with great efficiency
and without getting tangled up in
bureaucratic procedures.
Not-for-profit organisation assisted
by PILCH in 2004 – 2005
Reg. No. A0029409J
ISSN 1325–1791