David Thannhauser LCARC Legislative Assembly Parliament House George 5t. BRlSBANE QLD 4000

BY FACSIMILlE: 0734067691

Dear David,

~~~!~-~

APLA '" -Australian

Plaintiff Lawyers Association = 7 I,P R 1998

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23 April, 1998

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Re: "Should Queensland Adopt A Bill of Right?" (Issues Paper No.3)

I refer to our telephone conversation of 15 April, 1998 and confirm that I wish to make the fol lowing submission on behalf of the Australian Plaintiff Lawyers Association in support of the adoption of a Bi ll of Rights.

Whilst we support the prevailing philosophy within governments of seeking increased efficiency in the interests of reducing the cost of governing, we are strongly of the opinion that a Bill of Rights is necessary to provide a counterbalancing guarantee of citizens rights. Around Australia we observe the gradual and haphazard reduction of rights in the interests of governmental efficiency, but with no document providing guidance to law makers, the judiciary and citizens about the extent to which this process in acceptable.

The existence of a Bill of Rights would also provide citizens with peace of mind that their rights will not be diminished during our constitutional evolution toward a repUblic.

GPO BOl( 2658 Sydney NSW 200 1 OX 29552 Chatswood Ph: (02) 94 15 4211 Fax: 102) 941S 4210 Email: ap la@mpuom.au

In our view, a suitab le model for discussion purposes would be to adapt the recently passed UK Bill of Rights, but with our model adopting ICCPR instead of the ECHR included in the UK Act. We also support the rights described in the IESCR, and would welcome debate on the need for rights such as these in Austral ia.

The main right we support which is not expressly included in the EARC's draft is a right of access to civil justice, which could be addressed by a more general expression of the right to trial by jury.

APLA nominees stood for election fo r the Const itutional Convention in five states under the banner "Bill of Rights for Australia". Our election results were as follows: • Richard Carew (QLD) was excluded 90th of 116 unsuccessful candidates with 2340

first preference votes • Cathy Henry (NSW) was excluded 11 81h of 154 unsuccessful candidates, with 3754

first preference votes. • GeoffCoates (VIC) was excluded 98th of 142 unsuccessful candidates, with 1808

first preference votes. • Jay Weatherill (SA) was excluded 19th of28 unsuccessfu l candidates, with 4239 first

preference votes • David Clyne (WA) received 1212 first preference votes.

A1though none of our candidates were elected, the Campaign was a moderate success, with several other elected delegates raising the Bill of Rights issue at the Convent ion, and a lose promise being made to convene working groups to discuss the issue at a later stage.

We are now establishing contact with the elected delegates who supported the introduction of a Bill of Rights, and considering the feasibility of conven ing the promised working groups of the Convention, as it appears no other group has any concrete plans to do so. We would welcome LCARC input into this program, as your committee appears to be the only government body considering this issue of vital importance in an era of constitutional reform.

In support of our submission, and to avoid repetition, I enclose the following documents which contain the detail of our position:

I. "The case for an Australian Bill of Rights" by C. Henry, publ ished in our journal, Plaintiff (February 1998).

2. APLA Membership Brochure detailing the Association ' s objectives.

APLA is an association of lawyers and other professionals devoted to the protection and enhancement of the rights of those injured at the hands of wrongdoers and dedicated to injury prevention through safer products, workplaces and other environments. We aim to redress the imbalance between the ample resources available to wrongdoers and their insurers on one hand and those available to the public on the other hand. APLA also supports public interest litigation.

APLA came into existence in 1993 and has since been invited to participate in all major discussions concerning the rights of the injured.

It is a national association with branches in all Australian states and territories, and over one thousand members. APLA is the fastest growing legal association in Australia, and has links with the Association of Trial Lawyers of America (ATLA), the Association of Personal Injury Lawyers (APIL) in the UK, and the Pan European Organisation of Personal Injury Lawyers (PEOPIL).

We wish to be consulted further on this issue, and will make more detailed submissions if required .

Thank you for considering our comments,

Y\ursrfait~

Si~on McGregor P 'Iicy Manager

Plainf.ff - February 1998

1he case for an Australian Bill of Rights Catherine Henry & Francesca Dominello, Sydney

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admimstr3UVt and adVlSory funCl10ns of the Human Rights and Equal Opponunny Commission. though these functions stop

short of direct enforcement of human

nghrs obhgations.

AIe these guarantees sufficient? Of the express nghts guaranteed In

the Conslitution, sl17 has developed most dfeCtlvtly In elimmanng dlscnmma·

tlon agamst out-of-state resIdents, though

only since 1989." The other exp ress nghts have been

applied only sporadIcally, and then In a very hmiled way. Section 80 has been

read as requmng that there be a jUry mal

only when Parliament decides that there

should be." Section 116 has rarely been tested.

;. 1 when, for example. In 1943 the Jehovah's Witnesses were outlawed and

the propagation of thelf doctnnes forbId­den. it was held that thIS was not an Inter­fere nce With freedom of religIOn. ,.

Further. s4 I of the COnstllullon,

whIch nught ix read as guaranteeing a nght to VOt~. has b~en held to have no

such effect" The High Court has done little to pro­

mote the express nghts . and where It has

found Implied nghts m the Consmutlon. the~ have ixen met WIth consIderable cnuclsm from the e:>::ecuuve government

Pohticlans. past and present. continue to

pubhcly dende the Coun for "acllng hke an unelected and unauthonsed third

chamixr in the Parliament:"

• The suggestion that !l IS the present Federal government 5 IntentIon 10 appoint political conservatives to the High COUrt,"

who are more likely to adopt a narrow

mterpretatlon of the role to be played by the Court In del~nnlnmg cases mvol\1ng

WIde SOCIal. pohtlcal and economIc ques­

tlOIl5 and adhere to a stnet \!lew of prece·

dent and separation of powers, may Signal

a change of direction. However. even

before the most recent appointments . the dissensIOn wllhm the Court over any

e:>::tell5lVe resort 10 constitutional Implica­

tlOIl5 had been mamfest. [n 1997. after

much uncertamty. the Coun finally united m reaffirmmg the Implied freedom of

political dISCUSSIOn as a limn to defama­

tion actions." but three weeks later ""':IS

unable to give majority suPPOrt to any one of a WIde range of arguments that the tak-

Ing of "stolen" Abonglnal children had been unconS\1tutlonal ,.

In any event. the cnUClsm of a Judlcml

strategy resting only on Implications IS nOl WIthout substance The cmena of

Imphcatlon remam uncenaln and unpre­

dlctable, and can never be systemauc or

comprehenSive.

The Court was unable to give majority support to anyone of

a wide range of arguments that the taking of stolen

Aboriginal children had been unconstitutional.

reus IS not 10 say that the pr0teCuon of

nghts should remJln solelr In the hands of

the Parhament Through the use of the

external affairs power the Australian Parhament has Implemented ngfus-based

legIslation But this method has severe hrru­

taWJIl5. pnmanly because Parliaments and governments have unlimited power to

deCide which Inlem.l1lonal obligations should be taken senously and which should

not WhIle th~ Immediate deCISion In lhe

T~oh case'" drew attention to lh~ need for

greater awaren~ss of Austrahas obhgatJons

under the 1989 Convention on the RIghts of the Child. the ensUing cont roversy high­

lighted the number of Olha Instances In whICh Australia has Signed or raofled Inter­

na llorol conventions \\1thoUl any meaning­ful acceptance of the obhgatlons Involved

At the same lime , the reJeCtlUn by successive

governments of the Couns approa~'h In

Teoh showed the delermlnatlon of polio­

Clans from both the established pohucal par­

I1CS that the chOice of which obhgatloll5

should be gIven effect 10 was hl be a maller (or governmem and Parliament alone

The recent interaction between the two

a rms of government cJ..::!rly Indlcatcs lh:!t

whilst Judge-made !:Iw. the common law

has shown at times a great capaclly to adapt

10 SOCial change, we cannot rely upon u

exclUSIVely as the means of protection of

mdlVldual nghts Yet \l also indicates that

self- regulation by government cannot be rehed upon. euher. Though II may ix the

WIll of the people lhat a particular pany should govern. lh~ pohcles pursued by any

party m government can often claIm no

such mandate. And m relanon to nghts. the

most lmpOnant obJewve IS usually to

ensure th:1l those n01 m a maJonty are sull

protected \Vlthm the community

Advantages of a 8ill of Rights The madequacy of the eXlStmg guar­

antees. whether e:qHess. lmphed or mter·

nauonallsed. and of methods for theIr

enforcement. shows that the Conslltutlon

\lself does not have suffICIent mternal

mechanisms for the protection of human

nghts Tho:!' fabnc of human nghts m

Austraha ro:!'sembles more of a patchwork

qUIlt. frared at the edges. than a secure and compreh~nsl\'e regIme of nghts and

freedoms Although no one mechanism can

solve all human nghts problems. the Imro· ducuon of 3 BIll of Rights would be an

Improvement The standard argument

agatnst a BIll of RIghts has been that Il would funcuon 10 usurp the power of

Parhament In fa\'our of lhe High (oun So

far both arms of government. In one way or another. h.we bllen shon of full protec­

tion for our nghts An argument In fa\'our of a Bill of RIghts would be that whIle It

would empower (he HIgh Coun. II would

also d.rect and control It The Bdl of RIghts would ser .... e as a directive to the High

Cou n as t~, which nghts were 10 be

enforced. and could also give dIrectives as to how connlCts were to be resolved To

locate such directives In the COnSlllUtlOn would not usurp anybodys nghts The

dlrecllve would be gwen br the Australian

people through ~ referendum. In 1988 Sir Anthony ..... lason. then the

chd JustlC~ of the High Court. succinctly

summonsed th~ pntmry advantages of a

BIll of Rights. as ..:ustomanly advanced."

~s follows

[t uelers P3rh~lT1em from abrogaung

the rule elf law. thereby presenttng J

conslltutl<>nal Ilbstlc1e III lhe use or

parhamentat)· power as a means or J

to(~ lttanan S}'stem, [t ensures tha t the power or lhe

mOJ,_lT1 1Y In Parhamem cannOl be used to overnde the nghts of mmon-

ues and tndl\'lduals: Ill-

Dlaintiff - February 1998

It offers more secure p!Utecuon of mdiVIdual and minonty nghts from

the exercIse of power by mstltutions and pressure groups operanng through govemment machinery;

It offers principled and reasoned deci­sion-making on fundamental ISsues;

It remforces the legal foundal1ons of

society, thereby enhancmg the role of law In socIety:

It has a major educative role m pro­moting greater awareness of. and

respect for, human rights!' Just as the momentum for Australias

conversion from conslllutional monarchy to repubhc has gathered pace m the last

decade, there IS also a Wider reahsation In

contemporary Australian SOCIety of the

value of a BIll of RIghts "

The Constitution itself does not have sufficient internal mechanisms for the protection of human rights.

Histoncally, those who oppose have argued that a Bill of Rlghls would achIeve

no useful purpose m a country a free SOCI­ety m which the C1!l2en IS said to enjoy

OOSIC democrallc and individual nghs·'· an apphcalion of the old adage. "If It am\ broke. don·t fix It"."

This somewhat slmplistlc analysIs Ignores the (aCl that a pnmary purpose of a BIll of Rights IS to proVIde a safety valve

whereby those who WIeld power wnhln a democratic SOCIety are subjected to [\ code

of conduct in accordance WIth the rule of ·Iaw whIch operates to prevent them exer­

cismg power m such a w:t~' as would mfringe the baSIC rights of that SOCICtys Cll­luns. Thus, a Bill of Rights IS a powerful

tool not only m kecpmg a SOCIety tolerant and democratic but ns an essenual adJunCl

to the mStllullons of parliamenta ry democracy and the common law in the way that they serve to protect the nghts of

the most vulnerable groups of society Overseas expenence suggests that the exis-

tence of a BIll of RIghts can hold a SignIfi­

cant place m the natlOn:J1 psyche'· and those who have ellher worked m or VISIl·

cd the Unlled States. m pantcular. gIve

accounts of local reSIdents bemg unable to

concelVe that a free and democrattc coun­

try might lack an enforce:Jble charter of

constitutional nghls "

Which rights? Even In a democratic natlon, govem­

ments exerclslllg theIr parliamentary

majority are enslly able to remove hard·

fought-fo r fights and entitlements. Witness. for example. the moves towards

the repeal of unfaIr dIsmissal leglslaHon. the recent removal of common Iawentale­

ments for work mJunes m Victona and the Introduction of unfaI r workplace agree· ments [ncreasmgly. governmcnts, with

the encouragement and backmg of msur­

ers and business groups. have started to do thIS \VIth balance sheet bOllom lines bemg

promoted at the expense of the mdl\'ldual.

The mcluslon of such nghts as the nght to work. the nght to an adequate

Slandard of hvtng. the nght to health and e\'en the nght \0 rest and leisure (general­

ly charactensed as economIC. SOCIal and cultural nghts) In a formal charter of nghts

IS somewhat problemauc In countnes

where BIlls of RIghts hnve recentl}' been

mtroduced [supra\. there has been sus· tatned and mfomled debate as to the

appropnateness of mcludmg economIC and SOCIal nghts."

Convenllonal human rights Issues

such as freedom of speech and from dls·

cnminallon. vlhficatlon, torture and sla\"· ery are tradlHonally the stuff of BIlls of

RIghts. [n Australia. the debate as to which rights would be ~ppropnatel)" mcluded IS markedly less sophlsucated but wc can

certatnly draw on the expenence of com­parable countnes 10 ensure that proper

conSldernllon IS gIVen to the mclUSlon of a broad range of nghts and protccted free­doms necessary to ensure a JUSt and equI­

table socIety

Conclusion Clearly, the scope and content of the

Cons\Ltu\lon concem all Austrahan5. In the first Instance. however. It IS LIp 10 those who \VIII particIpate In the ConventIon . laypcople . tncludmg lawyers. :tnd pohll­

Clans who. because of their knowledge

:md expertise m panlCubr relevant are:!s

h~\"e been entrusted wllh thIS rcsponslbll­lIy. to argue the case for subst:!ntlal conSll­

tUllonal reform. It IS Important tll:!t Wl thm lhe context of the peoples convention. the

legal profession st:tnd behmd the

Convenuon partICIpants and seIze thIS unprecedented opportunllY to o\'erhaul the ConStltu(lon and draft an appropnate­

Iy conSIdered Austrahan Btll of RIghts.

Unless thIS IS done, 11 IS unhkcly 111..11

AUSlraitans m future generallons \\111 be able to enJOY nn mdependl'nt . well·

ordered and JUSt SOCII'IY •

catherine Henry IS the NSW Prestden( of ... PlA d P3Mef Wllh Craddcrl Murro?)' & Neumann So/(Itor\ In Sydney dfid Wd5 one of fIVe C3notiJtes PUI ~wdrd by AM "roond tro

country on d Sil of RIghts for AU\1ral,,j t:(~el durlllg lhe • . electoo 01 candiddtel for the febrllQly (()(lSutul101'oOl CooveIltlOll. Phone 02 9283 47,5

Francesta Dominello ISa re<el1l Llofl9l<IducJte from ~.-lacquane Unr.oerSlty 'Nho helped 'Mth 1~ rt'\earch for the

I It and 2r.d eQlO1\ of AU\"lra/1,lIl Cr)'l\lItur.on.li13w & T/wJ. !?dted by AA BI.3d~ & George WiIt.lm\. f!.'deralO"l Pre55, 1998

References: Sor Zelman Cowen. Inaugurdl Melbourne lecture: Edited text reproduced Ifl Thf! Auma/ran. 24 September 1997 ··I("s time for change. says Bd(maln boy Wran: a republican and proud 01 It.··

Sydney Morning Herald. 20 November 6 1997. P 7 ., Ibld "O·Shane accuses Turnbull of sewng h.~ slghl5 tOO fow··. Sydney Mormfl<) Herd/d. 11 November \ 997 Ibld Pa t O·Shane speaking on RadiO Nat.onal. 3 Jdnuary 1998 "Smckw tiPS republl(". rile Ausrra/'dfl. 24 December 1997 Mabo v Queensiclnd (No 2) ( 1992) 175 ClR 1 Otefrich v R (1992) 177 ClR 292

'. Theophanous v Herald & lNee.l:ly rimes Lld (1994) 182 CLR 104

" Asdt 3 1 MdY 1997 UNESCO reported (hilt of 52 Internanonal hUmdn rights Instruments. Austrdha WdS d party to a(\ but 12. See dlso HilaI'! Char~worth. Human Righ ts In Hafl'! RelCher (ed). AuSfrahan InlerndllOnal Ldw Cases and Materla/s. Lee. 1995. pp 629·30.

" Street v Queensland Bar A5SOCldllOn (1989) 168 CLR 461. see al~ Goryl v Greyhound Austrahd Pry Ud (1994) 119 CLR 463

r[ .. ~~ . ' ,

" See Kingswell v R (1985) 159 CLR 264 " Ade/d,de Company of Jehovatn Witnesses

lne v Commonwealth (1943) 67 CLR 115 " R vPearson; b pane 5ipb (1983) 152

CLR 254 " Former Liberal Prime Minister SI! John

"anon who attacked the High Court and the Senate In Cl Iwure at Old Parliament House on 12 November 1997, the former partlcularly for ,IS finding In MClbo: Sydney Morning Herald, 11 November 1997; see also Howard re)edS High Court's lawmaker role In The Australian. 25 February 1997 See • Judges now picked IQ( thei r ~Itlcal bi<ls, says Kirby", Sydney Morning Herald, 6 January 1998

., Lange v Australian Broadcasting Corporation (1997) 145 ALR %

" Kruger v Commonw&Jlrh (1997) 146 ALR 116

,. Minister for ImmK)raf!on and Ethnic Affairs v T/!Oh (1995) 183 ClR 273

:. See MUflay Wlko~, "The NOrth Amerrcan

Expellence: A Personal Refle<t lo"", In Phl llp Alston (ed), rowards an AuSffal!an 8ill of Rights, Centre for International and Publ iC law, Human Rights and Equal Opportunity CommiSSIon, Canberra 1994, p 189

" The Hon Sir Anthony Mason, "A BiIt 01 Rights for Australia", In Australian 8ar Review, 1988, p 88

/J ThiS was a central finding of the Australian Rights PrOject survey conducted by Bnan Galllgan and lan McAlhster and whICh IS reported In Citizen and Elite Attitudes Towards an Australian Bill 01 Rights. In

Bnan Galligan and Charles 5.lmplord (edsL Rethln~lng Human Rights, The Federat,on Press, Sydney, 1997, pp 144·153

,. Sir Anthony Mason, op Cl\. p 79 " Th,s IS often expr~sed another way by

means of an olt quoted statement of Sir Harl'( Glbbs " .if society is rolerant and ratiOfliJl. It does not need a 811101 Rights, If Ir IS nor. no 8dl of Rights woll make ir so" ThiS statement has been condemned as a

Plaintifl- February 1998

neat aphortsm by the Constitutional CommiSSion and the Senate Standing Committee on ConstItutional and Legal Aftalrs. who conSidered It Insufficient to deny the deSirability of a Bill of Rights: see Snan 8urde~In, "The Impact of a 8ill of Rights on those who Need It Most" In Als ton (ed), op Clt pp 148·149

" The prode 01 United States governments In the,r 8111 of Rights has been one of the primary reasons the United States has long resisted becoming par1y to United Nations human nghts Instruments even while urgIng Olher nations to comply With Ihose Instruments: see Bnan Burdekln In Alston (ed), OP CIL pp 148·149

" This was the experience of His Honour JustICe Wllcox of the Federal Cour1 dUring hiS time as Vislllng Fellow at Harvard law School In 1991 talking to Amellcans about the Bill of R'ghts see W,lcox, op CI\., P 191

" See the account 91ven by Phlllp Als!On In

AISlon, op Clt pp 14·\6

Costs orders in the NSW District Court Zac Gabriel, Sydney

The wntcr recently encountered a prob. lem concerntng the appllcauon of Pan

)2A Rule 31 (4) of the Dlstnet Court Rules • relatton to COSts on re·heanng of a D1StnCl Court Arbitration

A bnd summary 15 as follows:-The plaintiff commenced proceedmgs

followtng personal tnjunes ansmg out of a motor vehicle aCCIdent on 1 Decembe r 1995

2: The mauer was referred to arburatton and the ArbItrator made an award In

the platnuffs favour for approXlmate· ly $23,000 plus COStS The compo. nent of the award relaung to non-eeo· nomIC loss was In the sum of S 16.000 representing 25% of a most extreme case. The ArburJtor awarded thts fol ­lOWing a deductlon from 30% haVlng regard lO the pbtnulf:S age, who was

at that urne 82: ytlTS old. 3 Pnor to the arbnr3uon, the defendant

had made an oITer of apprmClmatdy

'59.000 inclUSIVe of costs and dId not offer any sum In relauon to non·eco­nomIc loss

4 The defendant applied for a re-hear­

mg. '5 The plamttIT filed an offer of compro­

mIse of S 15.000 plus costs 6 At the re-heanng, the Judge awarded

the sum of 52,500 for non-economtc loss based on 15% of a most extreme Clse, after makIng an unspectfled deducl10n for the plalnllffs age The to tal verdIct was tn the sum of approxImately S 11.000 The defen· dant asked for an order for costs on the basts that as a result of the venhct the defendant had substanttally Improved ttS pOSHlon from the arbi­trators award

7 The Judge ordered that the defendant pay the platnuffs costs up to and tncluding the arbltrallon However, tn relallon to costs subsequent to Ihe

arbll ratlon each party was to pay I[S

own <.:OStS The Judges reasomng was Iha! based on Part 39A Rule 31 (4)

and praCl!ce nute 14 the defendant had substanttally Improved ItS pOSt· tton from the arbitrators award Upon lh~ wnter's readtng of practtce

nOte 14. Ihe intention of the ru le appears to be to impose a burden on the party who makes unnecessary applica· t ions for re-hearing.

The wnter has since dtscussed thls

problem wllh other po::rsonal injury practl" ttoners and has learned of other judlCtal tntervrwlttons <If thiS rule whtch have adversely affe<.:tcd pblnttffs by ordenng lhe pJaultlff t<. pay .111 or some of lhe defendant 'S CllStS fWIll the arburallon or lhal the p!:ltnltfr IS not to recover party/party cOSts tn ctrcumstances stmllar to the facts set ,lut aoove.

The tmpacl of thIS IS that the platnllffs a re bemg penahsed by what mayor may ... ,

., ,I

WHAT IS APLA?

The Australian Plaintiff Lawyers Association IAPLAI

IS probably the fastest growing, most dynamic and

pro-active legal association in Australia It is an

association which offers a range of invaluable

practical benefits to lawyers who

act for plaintiffs It has also developed an enviable

reputation for its principled public stand on behalf

of the injured. and for the success of its lobbying

against the erosion of the common law in

this country.

APLA is a national association

Its members act for plaintiffs

in personal injury and public

interest litigation. APLA'S aim is to

protect the rights of the injured.

as mission is to redress the

imbalance between the ample

resources available to wrongdoers

and their insurers on the one hand

and those available to the public

on the other.

APLA is the only association in Australia

which represents the special interests of lawyers

who act predominantly for individuals rather than

for corporations. institutions or governments APLA

members are aptly described as -lawyers for the

people".

APLA is associated with the Association of

Personal Injury L..3wyers (APIL) in the UK. the

Canadian Trial Lawyers Association (CTLA1. and

the Association of Trial Lawyers of America (ATLA).

WHY BELONG TO APLA ?

APLA members benefit from a range of services

which are of immense practical value in day-ta-day

practice. These services include the following

Expert Database

APLA has developed a compU!er database

containing details of over JOO experts in various

fields each of whom has been recommended by

other members These experts are prepared to

• provide opinions for use in litigation on behalf of

the injured. With one telephone call (or email

request I to APLA's central office. members can seek

the name of and information about experts in both

common and novel fie lds of litigation who can

assist you proving liability and in assessing

damages. If we are unable to provide you with the

name of an APLA recommended expert in a field

we will seek to locate a sui table expert

Ou r Journal, Plailltlff

APLA publishes a bi-monthly national newsletter.

Plaintif{. This is essential reading for lawyers and

other professionals concerned with personal injury

and publiC interest law Plilinli/f contains state-of­

the-art material of practical relevance to those who

act for the victims of negligence, and recent case

notes dealing with substantive law and procedure

APLA Natlonal Conference

APlA's annual National Conference is a landmark

event on the Australian legal calendar. Our

inaugural conference was widely acclaimed as the

best personal injury conference ever. with some of

the most exciting and practical topics and

inspirational speakers assembled in many years

Special lnlerest Groups

APLA members with special expertise in particular

fields meet and exchange Information as Special

Interest Groups. These groups provide excellent

opportunities for the education of lawyers in

specific areas Special interest groups established

to date include'

• Medical negligence

• Tobacco litigation

• Breast implant litigatiOn

• Chemical injuries litigation

APlA • GPO BOX 2658 Sydney NSW 2001 • OX 29552 Chatswood • Ph (01) 941 ~

• Membership Di rectory

A national directory of APLA members is regularly

published and is provided free to all APLA members

It includes a short description of each member"s

area of practice. qualifications and special interests

It facilitates the sharing of information and the

identification of like-minded lawyers in other parts

of the country The directory is also a good source of

referrals for members and an excellent reference for

those seeking assistance from or wishing to refer to

a practitioner interstate

ProfessIonal Development Forums and Seminars

APLA has branches in nearly every state and

territory in Australia. Branches organise regular

seminars on topics which are of pracucal relevance

to personal injury practice in that state. APLA

members are entitled to discounted registration fees

for seminars. Some seminars are restricted to

members only

APLA Web Site

An APLA web site has been developed to be of

assistance to members and non-members. Our web

site at www.apla .com provides information on

membership. National Council and state

committees. special interest groups. objectives.

lobbying submissions. newsletters and member

services. This leading edge facility allows plaintiff

lawyers to stay up-ta-date with current

developments in thei r profession

LOBB Y ING FOR

PLAINTIFFS RIGHTS

Unlike other legal associations in Australia. APLA is

prepared publicly to say and do whatever is

reasonably necessary to protect the rights of the

injured. APLA is able to do this as it single·mindedly

represents only its constituency APLA has made and

will continue to make submissions and

representations on behalf of the injured and their

WH O I S EL I GIBL E T 0

J 0 I N A P LA "]

Lawyers who act predominantly for the injured and

barristers who are subject to the operation of the

' cab rank" rule leven if they do not act

predominantly 10 that way) comprise the bulk of

APLA's membership. Special membership fees apply

to practit ioners who have been admitted less than

two years

Associated professionals in the fields of health.

science. engineering or occupational/public safety

are also entitled to join as associate professional

members

Persons who are engaged in the teaching of courses

of study relevant to the aims and objectives of the

association or elected representatives of an

Australian state or Federal Parliament or persons

directly employed by such people or employees of

government departments or state or community

legal aid organisations are also entitled to join as

associate academic. government . public sector or

legal aid members

Persons undertaking a course of study relevant to

the aims and objectives of the association are

entitled to join as an associate student member and

persons employed as law clerks. articled clerks or

paraiegals may also join as associates.

Lawyers admitted to practice in

jurisdictions outside of Australia

who predominantly practice for

the inlured are entitled to join as

IOternational members of APLA.

SHOW Y OUR

CLIENTS YOU

CARE ABOUT

THEIR RIGHTS

lawyers to state and federal governments Assaults on Join APLA today:

the right to sue and proposals for the capping of • a n Investment i n you r clients ' future

damages. and the erosion of the common law will • an Investment In your ability to

continue to be fought against by APLA rep resent them!

211· Fax {021 94 1 5 4210 • email info O apla . com • website http ://www . apla . com

MEMBERSHIP APPLICATION MEMBERSHIP APPL

Mr/MslMisslMrslDrlProlessor 1 Initials Mr/MslMlssIMtSlDrlProfessor 1 Initials

• Given Name '---_______________ --'1 : Given Name

Family Name '---_______________ ~

Job Title

Family Name '-------11 lob Title

(tt QC./XIrfUttT. ptJnntr. tJ~stxUllt. solicitor)

OrganisationlChambers; IL ____________ ---" Organisation/Chambers; LI ____________ -----'

Area 01 practice and spe<:ialisation for induslon In Membership Directory Area of practice and specialisation for inclusion in Membership Directory

Date of Birth I Date of Admission Date of Birth I Date of Admission

Postal Address 1 Postal Address 1

City I Stale 1 I Postcode 1,-_-,

DX~~'-~~~ .. ~I~~::~~~~~~~~~~~~~~=~~~~~~~~~~~~~~~ Phone sw~ilc=h~I====~ Phone Dir""_~1 =====~ Fax Mobile

City I I Slale I I Postcode

DX~~ __ ~ .. ~I~_:~:~~~~~~~~=~~~~~=~~~~~;~;~~~~~~~ Phone SWlr'''_h~I'====~ Phone Direct 1

Fax Mobile rl -'======~ Emall Email

Web Site LI _______________ -' Web Site LI _______________ ----'

I wish to pay by I wish to pay by

o cheque payable to AustraHan Plaintiff Lawyers Association o cheque payable to Australian Plaintiff Lawyers Association

o Visa 0 MasterCard 0 Bankcard 0 American Express o Visa 0 Master(ard 0 Bankcard 0 American Express

Name of cardholder Name of card holder

C"d No DODO DODO DODO DODO C"d No 0000 DODO DDCD DODO ~Piry Date I I Expiry Date 1 I Signature Signature

~!..I ~~. E R 5 HIP APPLICATION

o Solicitor or

o Barrister or

o Solicitor and Barrister

to pr.Ktice in an Austr.llian Slate or Territory whose practice includes

~;~o~';;:~;:::~'~' ,:~::~:~"::~ in which I predominantly act for the ~ in the case of banisters to any "cab rank" rules)

I have been admitted more than two years: $250

I have been admitted less than two years: $150 ' .

I do nol meet the criteria required of an ordinary member but am sympathetic 10 the objects of the association and am:

o a professional In the field of heahh, science, engineering or

occupational or public safety: $150

o engaged in the teaching of a course of study relevant to the aims and obJ«lives of the association: $150 ..

o an elected representative of an Australian Parliament or a person

directly employed by such a person: $150

o an employee of a government department or a stale or community [eeal aid organisation: $150

o undertaking a course of study relevant 10 the aims and objects of the

association or am employed as a law clerk, articled clerk or paID-legal

clerk: $50

INTERNATIONAL MEMBER

o I am a lawyer or attorney admitted to practice In a jurisdiction outSide

Australia and am sympathetic to the objects of the association and

reside outside Australia: $USJOO

DECIJ.RATlON

J wish to join APLiI and declare that J am sympathetic to its aims.

I undertake to disclose whether I am acting for a plaintiff or defendant

on each and every occasion 1 access APtA information services.

My practice in the field of personal injury andlor public interest law is

predominantly for the injured. (do not have a permanent retainer from

an insurer or other defendant.

Signed Date I

Please relurn with payment 10 APIJ., GPO Bo~ 21158.

SYDNEY NSW 200 I or OX 29552 Chatswood. Applicat ions with credit card payment may be fa~ed to 10219415 4210.

Enquiries can be made on 102) 9415 4233 or info@apla.com

MEMBERSHIP APPLICATION

ORDINARY MEMBER

J practlc.e as a 0 Solicitor or

o Barrister or

o Solicitor and Barrister

admitted to practice in an Australian State orTemtory whose p~ locludes

pefSOnat injury Of public Inleresllitiption In which I predominantly act for the

plaintiff or applicant (subject in the case of bamsters to any "cab rank" rulesl

and am acknowledged by the members of the association as such a practitioner.

o I have been admitted more than two years: $250

o I have been admitted less than two years: SI 50

ASSOCIATE MEMBER

I do not meet the altena required of an ordinary member but am

sympathetic to the objects of the association and am:

o a professional in the field of health, science, engineering or

occupational or public safety: SI50

o engaged in the teaching of a course of study relevant to the aims and

objectives of the association: $150

o an elected representative of an Australian Parliament or a person

directly employed by such a person: SI50

o an employee of a government department or a state or community

legat aid organisation: $150

o undertaking a course of study relevant to the alms and objects of the

association or am employed as a law clerk, articled defk or para-legal

clerk: $50

INTERNATIONAL MEMBER

o I am a lawyer or attorney admitted to practic~ in a jurisdiction outside

Australia and am sympathetic to the obfects of the associatIon and

reside outside Australia: SUS 100

DEClARATION

I wish to join APIJ. and dedare that I am sympathetic to its aims.

I undertake to disclose whether I am acting for a plaintiff or defendant

on each and every occasion I access APIJ. information services

My practice in the field of personal injury andlor public interest law is

predominantly for the injured. ! do not have a permanent retainer from

an (nsurer or other defendant.

Signed Date I

Please return with payment to APIJ., GPO BOl 21158, SYDNEY NSW 200 I Of OX 29552 Chatswood.

Applications with credit card payment may be faxed to (0219415 4210 Enquiries can be made on 102) Q;t 15 .J2JJ or i nf~apla.com

OBJECTIVES

The objectives of the Australian Plaintiff Lawyers

Association are to promote the interest of plaintiffs

and the publiC interest throughout Australia. by

means which may include but are not limited to

these interests by pursuing the following:

to encourage co-operation between plaintiffs'

lawyers in the pursui t of justice by all victims of

negligent behaviou r.

• to promote expeditious access to justice for those

who suffer injury or loss as a reSUlt of the lault of

others.

• to promote excellence in the prOvision of legal

services to plaintiffs

to advocate the provision of a comprehensive

public legal aid system in civil cases

• to preserve and expand the right or at least

option. to trial by jury in civil cases

to promote the obtaining of early hearing dates

for plaintiffs in personal injury and public interest

litigation

to protect the common law system of

adjudication of liability and quantum

to preserve and promote the amount of adequate

compensation for those who suffer injury or loss

as a result of the fault of others

to encourage innovation in personal injury

practice

to promote legal reforms which will further the

interests of plaintiffs and the publiC

to encourage informed debate in the community

concerning issues of interest to plaintiffs and the

public

• to promote workplace safety and safety in product

manufacturing. marketing and use

to facilitate the exchange of information between

members

• to affiliate. collaborate and liaise withlto other

entities with similar goals and to conduct

seminars and other activities in such manner as

the committee determines as may advance the

interests of the association

to promote the achievement of the aforesaid

objections at both a national and state level

,

APLA Australian

Plaintiff Lawyers Association

Australian Plaintiff Lawyers ASSOCiation IAPLAI

GPO Box 2658 Sydney NSW 2001

OX 29552 Chatswood

Ph (021 9415 4233 Fax (0219415 4210

email info@apiacom website http://wwwaplacom