Annual Report 2004 â 2005 - pilch

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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
Page 1 and 2: Annual Report 2004 - 2005
Page 3 and 4: CONTENTS Executive Directors’ Rep
Page 5 and 6: The other significant feature of PI
Page 7 and 8: • Visit by a delegation of human
Page 9 and 10: CASE SUMMARIES Trade Practices Herb
Page 11 and 12: VICTORIAN BAR LEGAL ASSISTANCE SCHE
Page 13 and 14: Victorian Bar Legal Assistance Sche
Page 15: ADVOCACY In 2004-2005, LIV LAS made
Page 19 and 20: In conjunction with the Council to
Page 21 and 22: FELLOW PROFILE: ZOE BATEMAN My firs
Page 23 and 24: Statement of financial position as

Annual Report 2004 â 2005 - pilch

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