LSB September 2019_Web

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FROM THE EDITOR From a baby to a Master: A toast to our high-achieving peers MICHAEL ESPOSITO, EDITOR This month’s message is replete with congratulations. Firstly, a huge congratulations to President Amy Nikolovski and her husband Tony, who welcomed their beautiful baby boy on 14 August. Nikola Morris Nikolovski came into the world weighing 3.7kg and measuring 55cm. Amy, who had been pregnant for the entirety of her presidency before becoming a mother for the first time, is the first Law Society President to give birth during the year of her presidency. This is hardly surprising given she is only the fourth woman in the Society’s 140-year history to be president. It goes without saying that this has been a huge year for Amy, both professionally and personally, and August has no doubt been one of the momentous of her life. In addition to giving birth, she also received the Mary Kitson Award, presented at the Legal Profession Dinner on 2 August, for her contribution to gender equality. Fellow award recipients announced at the Dinner were Brittany Armstrong, who was named Young Lawyer of the Year, while Raffaele Piccolo and Her Honour Judge Penelope Kari received the Bulletin Article of the Year awards. The Society warmly congratulates these highly deserving award winners. We have a full wrap-up with plenty of photos of the event in this month’s edition. Last but not least, a hearty congratulations to Elizabeth Olsson who was appointed as a Master of the District Court. Master Olsson has been on the Bulletin Committee for almost 24 years, serving as Chair for over 22. It was bittersweet to receive her notice of resignation from the Bulletin Committee last month, as she really had been the driving force behind the evolution of the Bulletin over the past two decades. On behalf of the Bulletin Committee, I thank Elizabeth for her immeasurable contribution to the Bulletin and wish her well in her new role. B IN THIS ISSUE LEGAL PROFESSION DINNER Wrap-up & photo gallery of the profession’s night of nights 8 Landmark decision in asbestos case An Adelaide man has been awarded a record compensation payout of just over $3 million after being diagnosed with a rare form of mesothelioma caused by exposure to asbestos dust, including during renovations on his first home. Mathew Werfel, 42, was diagnosed with the terminal cancer after discovering a lump in his groin in 2017. Mr Werfel was first exposed to asbestos as a teenager, while working for a fencing contractor after leaving school. He was subsequently exposed during home renovations, including when he sanded and painted the walls of his first home, which he didn’t realise was constructed from asbestos cement sheets. In addition to awarding compensation for pain and suffering, future economic loss, medical expenses, and loss of life expectancy, Judge Leonie Farrell imposed exemplary damages on the company, saying the court needed to issue a deterrent for corporate actions that put commercial gain ahead of people’s lives. “Part of the conduct complained of in this case … is still occurring, that is the lack of warning to the general public concerning the ongoing risk of the dangers of [James Hardie’s] product in thousands of Australian homes,” Judge Farrell said. Mr Werfel’s solicitor, Turner Freeman Lawyers partner Annie Hoffman, said the SAET decision has significant implications for “third wave” asbestos victims — those exposed to in-situ asbestos products in homes, workplaces, and the community. “This case confirms that James Hardie’s duty of care didn’t end when it sold those products, it continues even decades later as tradespeople, homeowners, and others are exposed to those building materials,” Ms Hoffman said. B PRASSAD DIRECTION ABOLISHED High Court sets aside controversial jury direction VALE: DAMON IND Beloved lawyer and animal rights activist honoured 20 37 4 THE BULLETIN September 2019
PRESIDENT’S MESSAGE Flexibility is key to managing juggling act AMY NIKOLOVSKI, PRESIDENT, LAW SOCIETY OF SOUTH AUSTRALIA It’s hard to believe that three quarters of my presidency has already been completed. As we head into the final quarter there is still so much to be done! As you’d no doubt be aware, I have been pregnant for the entire term of my presidency. I am happy to announce my husband Tony and I welcomed our son Nikola Morris Nikolovski on Wednesday 14 August. Little Niko weighed in at a respectable 3.7kg (8 pound 3 ounces in the old scale) and a rather long 55cm. We are thinking we may have a future ruckman in our hands! I have taken six weeks off from my official duties following the birth of Nikola. Many thanks to Immediate Past President Tim Mellor and President Elect Tim White for attending, chairing and hosting various events and meetings on my behalf while I get settled in with a newborn. I am still however happily writing articles and settling submissions and will be back from 23 September, when the real juggling act will begin! I am about to experience the life of so many of our members; juggling young children and a career in the legal profession. I must say that during my pregnancy I had nothing but support from the profession, even when I got teary during Judge Jo-Anne Deuter’s Special Sitting (I was 23 weeks pregnant). I hope the great support will continue upon my return to work not just at the Society but to practice. The Bullying, Discrimination and Harassment Survey results indicated that a number of women and parents faced discrimination while on maternity leave or returning to work from parental leave, and I am hopeful that we can stop this stigma in the workplace and that flexibility will be seen to be beneficial to all parties. We also have some exciting celebratory events coming up in which I hope you can join me, including: • a lunch celebrating 125 years of women’s suffrage in South Australia with guest speakers The Hon. Justice Judith Hughes, her Honour Judge Mary- Louise Hribal and Marie Shaw QC on 31 October at The Hilton Adelaide; • a birthday party to celebrate 140 years of the Law Society of South Australia on 15 November at The Treasury. I hope to see you there. B Former Bulletin Committee Chair appointed as District Court Master Elizabeth Olsson has been appointed as Master of the District Court, replacing Master Mark Rice who resigned his commission earlier this year. Master Olsson commenced her role in the District Court on 12 August. Master Olsson has had a distinguished career in the law spanning more than 30 years, including as Senior Associate for Mellor Olsson since 2014. She has practised extensively and with distinction in a range of areas, including employment law, civil litigation, personal injury, consumer law, and family law. She represented victims of the 1983 Ash Wednesday bushfires in their personal injury claims. Master Olsson’s immense contribution to the Law Society was recognised in 2017 when she was presented with the Society’s most prestigious award, the Brian Withers Award, for her service to the Society. Master Olsson served as Chair of the Bulletin Committee for almost 22 years, and even after stepping down as Chair continued as a Member of the Bulletin Committee until her appointment as a Master forced her to resign. Master Olsson steered Society’s flagship publication through a number of iterations, overseeing a publication that is widely respected and appreciated by the profession for its informative, engaging and relevant content. She also served on the Civil Litigation Committee for eight years, Industrial Relations Committee for three, Accident Compensation committee for two and Legal Technology Committee for one. She has also been a passionate and tireless supporter of the arts, particularly theatre, and is a long-serving member of the Gilbert and Sullivan Society of SA. Attorney General of SA, The Hon Elizabeth Olsson Vickie Chapman, said: “I have no doubt her ability to think on her feet and keep calm under pressure will be invaluable in her new role.” “I congratulate Ms Olsson on this new opportunity and would like to thank Mr Rice for his significant contribution to the District Court over the last 18 years.” B September 2019 THE BULLETIN 5
Page 1 and 2: THE BULLETIN THE LAW SOCIETY OF SA
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Page 9 and 10: EVENTS Glen Pearce (left) and Shery
Page 11 and 12: BUILDING & PROPERTY LAW BUILDING IN
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Page 15 and 16: PROMOTION Managing the Financial Se
Page 17 and 18: BUILDING & PROPERTY LAW Just as wit
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Page 21 and 22: CRIMINAL LAW 3. Inviting a jury to
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Page 37 and 38: IN HONOUR Vale Damon Ind: A passion
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Page 43 and 44: RISK WATCH Details, details, detail
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