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Proctor : September 2014
Contents
Queensland Law Society Inc. 179 Ann Street Brisbane 4000 GPO Box 1785 Brisbane 4001 Phone 1300 FOR QLS (1300 367 757) Fax 07 3221 2279 qls.com.au President: Ian Brown Deputy president: Michael Fitzgerald Vice president: Deborah Awyzio Councillors: Christine Smyth, Bill Potts, Kara Cook, Danielle Keyes, Kenneth Taylor, Paul Tully, Elizabeth Shearer, Christopher Coyne, Paul Spiro (Attorney-General’s nominee) Chief executive officer: Noela L’Estrange No person should rely on the contents of this publication. Rather, they should obtain advice from a qualified professional person. This publication is distributed on the basis that Queensland Law Society as its publisher, authors, consultants and editors are not responsible for the results of any actions taken in reliance on the information in this publication, or for any error in or omission from this publication, including those caused by negligence. The publisher and the authors, consultants and editors expressly disclaim all and any liability howsoever caused, including by negligence, and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. Without limiting the generality of the above, no author, consultant or editor shall have any responsibility for any act or omission of any other author, consultant or editor. Requests for reproduction of Proctor articles are to be directed to the editor. Unless specifically stated, products and services advertised or otherwise appearing in Proctor are not endorsed by Queensland Law Society. Contributors to Proctor grant to the Society a royalty free, perpetual, non-exclusive, irrevocable paid up licence to: a. use, reproduce, communicate and adapt their contributions; and b. perform any other act with respect to the Intellectual Property in their contributions and to exploit or commercialise all those Intellectual Property rights. QLS will acknowledge a contributor’s moral rights by attributing authorship to that contributor. Small sums of money from the Copyright Agency Limited (CAL) are periodically payable to authors when works are copied by CAL licensees (including government departments, tertiary institutions, etc). As it is not financially viable for the Society to collect and distribute these royalties to individual authors, contributors undertake to become a member of CAL and receive any due payments directly (see copyright.com.au) or they waive all claims to moneys payable by CAL for works published in Society publications. It is a condition of submission of an article that contributors agree to either of these options. Contributors should read the Guidelines for Contributors on the Society’s website: qls.com.au If you do not intend to archive this magazine, please place in an appropriate recycling bin. Editor: John Teerds 07 3842 5814 j.teerds@qls.com.au Design: Alisa Wor tley, Clint Slogrove Advertising: Daniela Raos 07 3842 5921 d.raos@qls.com.au Display Ads / Classifieds: adver tising@qls.com.au / classified@qls.com.au Subscriptions: Hayden De Waal 07 3842 5812 Proctor committee: Adrian Braithwaite, Dr Jennifer Corrin, Kylie Downes QC, Steven Grant, Suzanne Greenwood, Vanessa Leishman, Bruce Patane, Christine Smyth, Anne Wallace. Printing: Print Works. Proctor is published monthly (except January) by Queensland Law Society. Editorial submissions: All submissions must be received at least six weeks prior to the month of intended publication. Submissions with legal content are subject to approval by the Proctor editorial committee, and guidelines for contr ibutors are available at qls.com.au Advertising deadline: 1st of the month prior. Subscriptions: $110 (inc. GST) a year (A$210 overseas) Circulation: CAB, 31 March 2014 – 9708 His Honour Justice Flanagan is joining a formidable court recognised for its jurisprudential excellence and unimpeachable standing. The justices of the Court of Appeal and Trial Division possess collectively more than 200 years of judicial experience and almost 900 years of post-admission legal practice. His Honour comes to the court at a time of increasing public scrutiny and indeed criticism of judges and judgements of the court. The effective application of the rule of law requires judges to be independent and not just from government. Judges must remain independent of the parties appearing before them and of the vested and other interests those parties might represent. Sir Gerard Brennan said, when commenting on judicial independence: “Judicial independence does not exist to serve the judiciary; nor to serve the interests of the other two branches of government. It exists to serve and protect not the governors but the governed.” The independence of our judiciary and indeed of the legal profession is vital in preserving the rule of law, and is a prize to be valued more highly than any other in our democracy. On behalf of the Queensland Law Society and the solicitors of Queensland, I welcome the Chief Justice and his Honour, and wish them well. Ian Brown Follow me on Twitter at @QLSpresident from page 3 Chief Justice Tim Carmody with QLS president Ian Brown and Bar Association of Queensland president Shane Doyle QC at the welcome ceremony. Letter to the editor Oldest firm name? As many of your readers may know, for some years I have been writing about legal history, particularly in north Queensland. It has been pointed out to me that the Townsville firm, Wilson Ryan & Grose, may have one of the longest-lasting, unchanged firm names in the north, if not in Queensland. The firm’s origins go back to a firm known as Unmack Fox & Hobbs before 1900. Wilson became a partner in 1901, Ryan in 1909 and then Arthur Grose in 1921. From that year, the firm name Wilson Ryan & Grose has remained unchanged, notwithstanding the advent of Domingo Martinez and, later, a string of partners including J.C. Carey (a former president of the Queensland Law Society), Harkness, Joseph, Dean, Bowery, another Carey, and along the way, some three sons of Dom Martinez, none of whom sought to change the firm name. What I am keen to ascertain is if there is any other firm in Queensland whose name has remained unchanged for longer than that of Wilson Ryan & Grose, which means from before 1921. I should be pleased if you could publish this letter in Proctor in the hope that some reader may have a longer-lasting memory. Any comment on this or information about long-lasting firms, could be sent to me at gsdean@bigpond.net.au or on 07 3217 2264. I shall be most appreciative of any response this might evoke. Gordon Dean West End back to contents
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