On Wednesday 13 July, The Townsville Supreme Court presented Legal Issues of Today:  An update on key developments in law as part of the Bar Association’s CPD series.

The Honourable Justice David North, Supreme Court of Queensland, chaired the evening and emphasised the talent within the ranks of Townsville’s legal profession.  The speakers and speeches were:

• Dr Louise Floyd, Associate Professor of Law JCU & Barrister: “From Rossato to ZG Operations; Casuals to Contractors – Key Developments in Employment Law”.   Dr Floyd has been published in the world’s leading law journal, The Law Quarterly Review.  She was the first Australian to win The MacCormick Fellowship to Edinburgh Law School and on numerous occasions she has been International Visiting Fellow to Cornell University’s Industrial and Labor Relations School in America’s Ivy League.  Dr Floyd has written a book on employment law for Cambridge University Press; and she began her career as a Judge’s Associate.  Dr  Floyd assisted in organising the CPD.  In her paper, Dr  Floyd analysed the recent employment law case law decided by the High Court of Australia on casuals and contractors in the workplace.  She underscored that the court is placing a renewed focus on the black letter wording of an extensive employment contract to determine whether a worker is an employee or independent contractor.  Parallel to the case law, the Federal Government has passed laws on the rights of casual workers to request conversion to permanent employment.  With the election of a new federal government, legislative change is likely to continue so as to aim for greater job security for workers.  These developments are especially important to the evolving digital economy, as gig workers are traditionally contractors and may be part-time.
• Ms  Lucy Martinez – Principal, Martinez Arbitration:  “What’s New in Arbitration Law – what you need to know”.  Ms  Lucy Martinez is a First Class Honours Graduate from The University of Queensland Law School.  She was a Judge’s Associate to judges of both the Queensland Supreme Court and the High Court of Australia.  She won a Fellowship to Columbia University Law School in America’s Ivy League and she also worked at that institution for some time.  Lucy’s  Arbitration work has seen  her successfully live and work in New York and London for many years.  The advent of the digital economy means she can undertake her arbitration work in her hometown, Townsville – and we are lucky and happy to have her home.  (She is, indeed, part of a most respected Townsville legal family).    Ms  Lucy Martinez spoke about the significance of arbitration to agreements and dispute settlement.  Numerous businesses rely on arbitration in their commercial contracts and find it an efficacious way to transact business – especially in terms of enforcement across jurisdictions.
• Ms  Angela Fortt, Principal, Mackey Wales Law: “Sexual Harassment at Work: what and why you need to know”  Ms  Fortt has an excellent reputation throughout the Townsville and North Queensland Profession for being smart, practical, reliable and a tremendous team player.  She has served on various professional representative bodies:  she was past President of the Townsville District Law Association; past Committee Member, North Queensland Law Association; and past President and Life Member Townsville Community Legal Service.  Ms  Fortt undertakes litigation, dispute resolution, insolvency, leasing and employment law work.  She spoke on legal developments pertaining to sexual harassment in the workplace.  In particular, Ms  Fortt highlighted the legal need for employers to be pro active in creating an equitable, non-discriminatory and safe workplace.  Up-to-date workplace policy and staff training are important.

• Mr  Ben Schierhuber, Associate Director Advisory,  BDO:  “Good Phoenix?  Bad Phoenix?  An Insolvency Law Update”.  Mr Schierhuber has recently come top of Australia in a number of his insolvency subjects and should become qualified as a Liquidator in the coming months.  He was CA ANZ 2019 Young CA Regional Advocate, QLD.  Mr Schierhuber – a graduate in both accounting and law from JCU – has an excellent reputation for mentoring the young and works as a sessional academic at JCU.  He works full-time for BDO in Business Restructuring and Forensics.   Mr Schierhuber spoke about the new insolvency laws on phoenix companies. Phoenixing has long been an issue in insolvency law.  Although voluntary administration law, for example, aims to resuscitate a struggling business, there are unfortunate instances where some directors might asset strip a company in order to defeat creditors, only to start a similar business with a similar name using the assets of the former corporation.  Mr  Schierhuber analysed how the new laws aim to deal with that latter problem.

The audience included barristers (and we were especially pleased to welcome Justin Greggery QC), solicitors, academics, former Judge’s Associates now embarking on their careers in law, plus a smattering of law students and community members.  After the speeches, light refreshments were enjoyed at The North Queensland Club, where the State of Origin 3 build-up played on the TV in the background.  The CPD evening finished shortly after the start of the game and both the CPD and the football were a triumph!

Facetiously known as ‘Brownsville’ to our northern counterparts in luscious Cairns, where the rivalry between the two northern centres remains alive and well and is not confined solely to friendly banter between lawyers. 

Townsville has a population of 180,000 people on the shores of the Great Barrier Reef, where the jewel in our Crown is Magnetic Island, a short thirty-minute ferry ride from the city.  A majestic island which proves to be a popular escape for many of our city’s lawyers, it is a popular yet underrated paradise where the pressure of practice seems a million miles away! 

Townsville has been the home of many great legal minds: Sir George Kneipp and the Honourable Keiran Cullinane AC in more recent times, each of whom sat as the Northern Judge between the years of 1969 – 1992, and 1992 – 2011 respectively.  

Our current judicial offers consist of North J as the Northern Judge of the Supreme Court, Judges Gregory Lynham and John Coker in the District Court, Judge Chris Bowrey in the Federal Circuit and Family Court of Australia, along with seven locally based Magistrates.  

Townsville is also the city where Hearsay editor Richard Douglas QC did his articles at Connolly Suthers Lawyers from 1981-82 (lest I omit that important fact!) 

The North Queensland Bar Association currently has 32 members. With President Justin Greggery QC at the helm, our bar is guided by his vast experience as a trial advocate across many practice areas. Greggery QC is generous with his time and ideas. We love him, until we are opposed to him! 

There are four chamber groups in Townsville: 31 Sturt Chambers, Northern Circuit Chambers, Sir George Kneipp Chambers and Cullinane Chambers, all conveniently located a short distance from the Edmund Shepphard Courts of Law, home of the state courts. 

The Supreme Court at Townsville moved to The Edmund Sheppard building in 1975. The old Supreme Court, a wooden courthouse which perched upon Melton Hill, sat vacant from 1975 until 1997 when it suspiciously caught fire and burned to cinders. It was a sad day in the legal history of our city. 

Townsville is fortunate to host the biennial sittings of the Court of Appeal.  It is a tradition that has benefited the northern bar to gain access to appellate work without having to travel to Brisbane. Conveniently held in the winter months, many of the judges of appeal enjoy the collegiate hospitality of the local legal practitioners and an escape from chilly Brisbane! 

Over the years the judges of appeal have embarked upon a tradition of arranging a morning walk to the top of Castle Hill, the iconic rock that sits right in the middle of the city. Castle Hill was famously graffitied by eight university students in 1962 who painted ‘the Saint’. These days it’s not just the rock that is iconic. The Saint has survived many threats of removal and has put Townsville on the map for its famed graffiti. Classy.  

Townsville remains home to old established firms that date back to the early years of our city. Connolly Suthers Lawyers, Wilson Ryan and Grose Lawyers and Roberts Nehmer McKee are all firms in that category. As seems to be an emerging trend state-wide, Townsville has also benefited by the emergence of small boutique firms that provide legal advice in specialised areas of practice.  

In Townsville, it is not only the solicitors whom over the years have chosen specialist areas of practice. Most members of the bar in Townsville also practice in specialist areas and we have only a select few who remain ‘generalists’, accepting briefs in all areas of practice.  

The Townville economy is thriving. The glum years that followed the collapse of Queensland Nickel are well behind us, as we have welcome Bravus Mining, the construction of the Queensland Country Bank Stadium and government initiative of Regional Development Australia. These are but a few of the exciting projects that have contributed to our city’s healthy economy. With a healthy economy comes lots of briefs!  

The North Queensland Bar Association has been experienced an influx of new members in recent years, who have joined us as highly capable and enthusiastic barristers. These junior barristers have invigorated the bar with their modern approach to practice and fresh ideas which we consider vital in ensuring a strong and lasting local bar.  

On any given day in Townsville, you will find at least five Magistrates courts sitting, a specialist Domestic Violence Court, two District Courts sitting in either civil or crime, and the Supreme Court sitting in either civil or crime. Further down the road at the Federal Court complex, the FCFCOA never misses a beat. 

In addition to the many operating courts, Townsville also hosts mediations and settlement conferences at various chambers and firms. We welcome our southern counterparts to litigate local matters locally and promise that you will be warmly welcomed by our collegiate bar.  

The North Queensland Law Association Offermans’ Conference was held in Townsville in the last weekend of May 2022.   

More than 125 registered attendees enjoyed this year’s conference, with practitioners coming from further north, west and southern Queensland, and some from even further south from Sydney practices.   

The perfect NQ weather turned up, as ordered, nearly stealing the show from a stellar line-up of speakers from across Queensland, and making our southern friends google local house prices and job vacancies. 

This conference was simply one of the best ways to accumulate CPD points, network, and stay up to date with legal developments.  In the plenary session, we welcomed our new Chief Justice of the Supreme Court, on the same day as the exciting announcements of the elevation of some of the North’s favourites: Justice Hindman and Justice Crowley (JCU Alumni, returning in October to deliver the JCU Mayo Lecture).  Dean Parkin also took us on the 30 year journey from Mabo to the possible referendum, and truly spoke From the Heart. 

Commercial, Family and Litigation and Advocacy Streams kept the delegates engaged and informed from the judiciary, barristers, solicitors, QLS and the Bar Association.  The papers and power point presentations are available here: https://nqla.com.au/. 

However, it was the evenings under the stars which perhaps shone most brightly – private boat hire to enjoy a balmy evening of live music at Nelly Bay on the Friday night and then a rocking band on Saturday night with life membership awards, and memorable and moving acceptance speeches, to Anthony Collins (barrister, 31 Sturt) and Heather Humphries (solicitor, Mackey Wales). 

Some had too much fun on Friday night and did not make appearances on Saturday morning, but I will not speculate on their identity … except to say they are one of almost 100 of the smiling faces of the lucky attendees, delegates and speakers captured posing in front of the calm, azure waters between The Ville and Yunbenun aka Magnetic Island, or as James Cook coined it, Magnetical Isle, or as the locals simply say “paradise”.