TSAE.0029.001.0576_R

1

REDACTED

16th December 2012 //~ -~~ r ·.+Re-'t:lW Society of NSW '.176 I'll 1illip Sti eet Sydney NSW 2000

To the Responsible Person

Controls on Practice Names and Stationery

Names of the parties identified with this complaint: 1. Salvos Legal Limited trading as Salvos legal 2. Salvos Legal {Humanitarian) Limited 3. The Salvation Army Australian Eastern Territory 4. The Salvation Army Red Shield: The symbol is identified with the "Red Shield Appeal".

' 5. Partner/Managing Partner- Luke Geary .t~

) ·'

I respectfully request that action be taken to ensure that Salvos Legal Limited acts in compliance

x-With .;t Rules, Regulations and Guidelines. 1 .~ <,,.w ~ if~

The complaint: Grounding the issues:

1. Rule 41.1 of the Revised Professional Conduct and Practice Rules 1995 (NSW) requires any letterhead of a lawyer's practice ~o contain the lawyer's (or practice's)

name, address of principal place of practice, telephone and fax munber, and Document Exchange number. It adds that correspondence from the firm should state

the name and status of the person responsible for it, so that the public and other lawyers dealing with a principal or employee of the firm know that person's name and status. Where an email takes the form of a letter, the same principles should logicaily apply.

2. Rule 41.2 of the Revised Professional Conduct and Practice Rules 1995 (NSW) prohibits a lawyer from conducting a legal practice under a business name that might reasonably be expected to mislead or dece~ve a prospective c~ient as to the nature and identity of the practice, or as to the nature and quality of its services.

3. A law firm's stationery or other publications (including the firm's website) must not mislead or deceive as to the firm's structtire or the status of any person named.

4. The practice name must convey the notion that it is a legal practice, and must not convey a false impression as to the fmn's size or structure; for example, that it has many partners where it is in fact a small firm.

5. Issues relating to an allegedly misleading or deceptive practice name may generate legal proceedings where the name chosen may involve passing off; or otherwise unfairly attract business to the firm.

6. The Ethics Committee of the Law Society of New South Wales has expressed the view that lawyer-diJ'ectors of an incorporated legal practice, as they are not partners of the practice, should not describe themselves as partners.

1

2

Offences:

1. Salvos Legal Limited trading as Salvos Legal and Salvos Legal (Humanitarian) Limited; each is an Australian Public Company, Limited by Guarantee.(a) The letterhead of Salvos Legal Limited trading as Salvos Legal and Salvos Legal

(Humanitarian) Limited contravene Rule 41.1(b) The letterhead of Salvos Legal Limited trading as Salvos Legal and Salvos Legal

(Humanitarian) Limited contravene Rule 41.2(c) The law firm's stationery and published material misleads as to the firms structure.(d) The law firm's stationery and published material misleads as to the status of persons

named.(e) The entities stated on the letterhead give rise to a problem, because, the practice name

must convey the notion that it is a legal practice, and(f) the displaying of the ‘fiery-cross’ on the letterhead, together with the name of a

very large organisation, coupled with the display of a red shield, which is subject to a copyright, conveys a false impression as to the firm’s size or structure. The fiery-cross carries with it a threat - ‘don't challenge me1. This threat has caused many 'child-abuse' victims to be intimidated and not proceed with their legitimate claims against the Salvation Army.

(g) The letterhead has unfairly attracted business to the firms. Salvos Legal Limited actively campaigns for, and engages in substantial advertising, commercial and criminal law work and conveyance work. All of this is at the expense of the small/medium law firms.

(h) Luke Geary is a director of Salvos Legal Limited trading as Salvos Legal and Salvos Legal (Humanitarian) Limited and, being a director, he is not a partner and accordingly should recognise and give respect the views of the Ethics Committee of the Law Society of New South Wales and not describe himself as a ‘Partner’ or a ‘Managing Partner’.

The evidence:Attached to this correspondence are:

1. The letterhead of Salvos Legal Limited T/A Salvos Legal ABN: 14147 213 214, and2. The letterhead of the 'Legal Secretary';

In which both documents show:(i) On the first page, in the top left corner of the first page is a strong and vivid

expression of symbolism - a fiery-cross set in a wall of a vivid-red flame of fire. Symbolism

(a) The ritual practice of "Cross burning" or, also termed, "Cross lighting" dates back to

Medieval Europe. In Scotland, the fiery cross, known as the Crann Tara, was used as a

declaration of war. The sight o f it commanded all clan members to rally to the defense of the

area. To-day, Cross-burning is identified with the Ku Kiux Klan. The novelist, Thomas Dixon,

in his 1905 novel The Clansman and later renamed The Birth o f a Nation, attempted to

legitimise the Klan's supposed connections to the Scottish clans. The original Klan, founded

in 1866, patterned many of its rituals after those of Scottish fraternal orders; cross-burning

was not part of its initial repertoire of terror. The first reported burning took place in

Georgia on Thanksgiving Eve, 1915.

(b) The Klu Klux Klan identify their ritual as "cross lighting" rather than "cross-burning" and insist that their 'fires' symbolise faith in Christ and in their speeches and written material, quoted the King James Version (KJV) 2 Corinthians 5:14-15:

2

TSAE.0029.001.0577_R

TSAE.0029.001.0578_R

3

(c) 14 For the love of Christ constraineth us; because we thus judge, that if one died for all, then were all dead:

(d) 15 And that he died for all, that they which live should not henceforth live unto themselves, but unto him which died for them, and rose again.'

(e} However, the Salvation Army, in discarding their symbol of a fiery General William Booth

and ad_opting the 'burning-cross' within a vivid fiery flame of fire caused criticism both within

and outside the church's organisation. By adopting a symbol which was offensive to some,

confronting to others and to many who were members of the Salvation Army, questioning as

to why the founder, General Booth, was removed from being a symbol for the organisation.

None of these issues were addressed but the Board (London UK) of the Salvation Army­

constituted under the Salvation Army Act 1931 UK approved the removal of General Booth

as a symbol and determined that the symbol of the fiery cross would be a traditional sign in

the representation of divine beings and spirits and in extolling the 'l;;ross of Christ to the

Fiery Cross' was sufficient justification to 'go forth' and wave this symbol. However, in recent

times the Salvation Army, in some of its letterheads, added the words - alongside the fiery ..

cross symbol- ''The love of Christ compels us ... 2 Corinthians 5:14". This is a misstatement

of the King James Version (KN) 2 Corinthia~:s 5:14-15. This misquote gives a d!fferent

meaning to the King James Version (KJV) 2 Corinthians 5:14-15 which is expounded by

the Klu Klux Klan.

(ii) Also, on the first page, in the top right corner of this page are two strong 'appeals to authority'. The first is the statement: 'The Salvation Army Australian Eastern

Territory'; and the second is the symbol used by the "Red Shield Appeal" which

identifies with requests for money.

(iii)

(a) These two statements could imply that the document is from the Territorial

Headquarters of the Salvation Army or from the Salvation Army Red Shield

Appeal or both.

Also on the first page, and.on the right of this page, appearing beneath 'The

Salvation Army Australia Eastern Territory and the symbol of the Red Shield Appeal,

are two further statements:

(a} Salvos Legal Limited T/AS Salvos legal; and

(b) Partner: Luke Geary ';Je•f1''d•I: Luke Geary Managing Partner

(c) The recipient of a letter, with this material forming a part of the first page would

be entitled to ask: "What does all this mean: Luke Geary is a 'partner' of what

and a 'partner with whom?

(iv) The website: About Salvos Legal - has the following information: (a) We are a revolutionary legal practice. (b) We provide quality commercial and property law advice on a paid basis. (c) However, all of our fees (less expenses) fund our '[egal aid' sister firm, Salvos

Legal Humanitarian, which is a full service free law firm for the disadvantaged and marginalised.

(d) Both firms are wholly owned by The Salvation Army. (e) Our Partners are hand-picked specialists in commercial and property law, having

worked in national/top tier firms and/or corporate in-house legal departments.

3

J: J'

4

(f) We act for many blue-chip clients from the corporate, government and not-for- profit sectors.

(g) By instructing us for your legal work, you will receive top quality legal advice from experienced professionals at competitive rates. In addition, you will get the satisfaction of helping others, without costing you anything extra.

(v) The website for Luke Geary states:

(vi) In correspondence: Page 2 of the document is signed off: 'LUKE GEARY PARTNER'.(vii) In correspondence, Page 2 of other documents is signed off: 'Luke Geary Managing

Partner'.(viii) At the foot of the page appears the following advertising:

(ix) Limited by Guarantee companies are now identified as (1) Small; ( 2 ) revenue of less than $1 million; (3)'... revenue of $1 million or more(a) Salvos Legal Limited is an Australian Public Company, Limited by Guarantee.(b) Companies limited by guarantee have three-tier reporting framework, as shown in

'Luke is employed as General Counsel to The Salvation Army Australia Eastern Territory and has commenced the roll out of Courtyard Legal throughout that Territory, with a view to expanding the Courtyard Legal (soon to be known as Salvos Legal) model into other territories.'

2012AtiMtt'imH b*sv Auiwl*

the following table which apply to financial years ending table which apply to financial years ending on and after 30 June 2010

Tier Type of company Obligations

1 Small company Unless directed by a member or ASIC,limited by guarantee, does not have to:

• prepare a financial report or have it audited• prepare a directors' report, or• notify members of annual reports.

2 Company limited by Must prepare a financial report, guarantee with annual Can elect to have its financial report (or consolidated) reviewed, rather than audited, revenue of less than $1 Must prepare a directors' report,million. although with less detail than that

required of other companies.Must give annual reports to any member who elects to receive them.

3 Company limited by Must prepare a financial report,guarantee with annual Must have the financial report audited, (or consolidated) Must prepare a directors' report,revenue of although with less detail than that$1 million or more. required of other companies.

Must give annual reports to any member

4

TSAE.0029.001.0579_R

5

who elects to receive them.

Yours faithfully

BBusJP

5

TSAE.0029.001.0580_R