Allens Arthur Robinson gives pro bono assistance to organisations whose objective is to improve or protect the natural world, and organisations that promote the protection of human rights.
George Forbes
The firm had the unique and rewarding opportunity to be involved in the successful appeal against the wrongful conviction of George Forbes, an Australian construction engineer working in Sudan.
In May 2007, Mr Forbes was found guilty by a single Sudanese judge of the murder of a Ukrainian man whom Mr Forbes had found dead, after the man had apparently hanged himself.
A lawyer in our Melbourne banking group, Alex Danne, wrote his master's thesis on South Sudanese post-conflict legal reconstruction and had been following Mr Forbes' case in the media. When Mr Forbes was convicted, Alex contacted the Department of Foreign Affairs and Trading and offered his assistance to the Australian ambassador to Sudan.
By the next week, an Allens Arthur Robinson team comprising a partner and several lawyers (including Alex) was working closely with barristers Lex Lasry and Julian McMahon to put together a submission to the Sudanese Court of Appeal. The conviction was overturned within a week.
After his return to Australia, Mr Forbes made a trip to Melbourne to thank the team for its assistance. We can happily say that he is doing well and discusses his experience with a wonderful sense of humour.
Mental Health Legal Service
The Mental Health Legal Centre is a Victorian community legal service that provides legal assistance to users of mental health services. The Centre is committed to addressing the lack of advice and representation in a variety of legal matters for people with mental illness in Victoria.
The firm is a participant in the Centre's Pro Bono Justice Project and, through this project, a team of our lawyers acts on a pro bono basis to represent clients of the Centre who are subject to community-based, involuntary psychiatric treatment orders, in their appearances before the Mental Health Review Board. This project provides a vital boost to the level of legal representation available to involuntary mental health patients.
When lawyers are available to advocate for mental health patients before the Board, there is a significant improvement in the degree to which the Board is able to engage effectively with the patient's case. This is vital, as the Board's determination about a person's involuntary status impacts significantly on that person's rights and freedoms.
Our lawyers represent two clients a month before the Board, under the close supervision of the Centre. The Centre also provides intensive orientation and ongoing training in mental health law and practice for our legal team.
Passages Resource Centre
The Passages Resource Centre is a unique service offering information, referrals and support to Perth's marginalised young people. It operates as a 'drop-in' centre in Northbridge (inner-city Perth) for homeless youth, alcohol, drug users and young people with social problems and associated criminal behaviour. Since its official launch in May 1999, Passages has provided much needed assistance to more than 5700 young people.
Two of our lawyers attend Passages each week to provide free informal legal counselling to clients.
In 2007, 16 of the firm's lawyers advised approximately 40 clients at the Passages Resource Centre.
A major focus of the firm's pro bono program is our participation as volunteer lawyers in the various homeless persons' legal advice clinics run in our Australian centres.
In Melbourne, Sydney and Brisbane, these are formal legal clinics run by the Public Interest Law Clearing House in each city. Our lawyers volunteer at the Passages drop-in centre for disadvantaged young people in Perth.
As the legal clinics are housed in venues that homeless people visit for other purposes – housing services or local drop-in centres – legal assistance is more accessible and can be provided in relatively non-threatening circumstances for people who, for various reasons, may otherwise be reluctant to seek such assistance.
The types of legal assistance our lawyers provide through the clinics include:
- helping clients deal with significant or overdue infringement penalties (such as travelling on public transport without a ticket, traffic infringements or loitering), particularly by making special circumstances withdrawal applications or applying for instalment payment plans;
- assisting with negotiations with Centrelink and appealing Centrelink decisions;
- assisting clients with tenancy disputes; and
negotiating on behalf of clients with creditors such as utility companies and banks.
Our clients come from a variety of backgrounds and circumstances – some are recent migrants, some are elderly and infirm. We see young people as well as adults supporting children. Many of our homeless clients suffer from mental illness and others from substance abuse problems, or both. Our clients' difficulties often exist in a cause and effect situation with material disadvantage – someone may become homeless because they have mental illness or become mentally ill because of the trauma of suffering extreme material disadvantage such as homelessness.
The lawyers from our firm who take on clinic clients require sensitivity and dedication – the work is demanding but the personal satisfaction can be great, and lawyers acquire skills that are relevant in their daily commercial practice.
The firm's lawyers are contributing in a small way to compensation for the
long-term wrong that has been done to our clients.
Neville Austin – Victoria's first Stolen Generation claim
In late 2007, the firm was approached by the Public Interest Law Clearing House to act for Neville Austin, an Aboriginal man, in his claim against the Victorian Government. Mr Austin is claiming loss and damage suffered as a consequence of the actions of the Victorian Government and its servants, agents and instrumentalities.
Mr Austin was made a ward of the State when he was an infant. Mr Austin was then placed with a white foster family with whom he lived until he was 17 years old. Until Mr Austin was discharged from wardship, when he turned 17, Mr Austin's mother made repeated requests to have him returned to her custody. These requests were not granted.
The claim by Mr Austin against the State of Victoria alleges that the State and its representatives breached a number of the duties owed to Mr Austin, including the duty to investigate the suitability of a reunification with his mother; and the duty to inform Mr Austin of his Aboriginal heritage.
Mr Austin's claim is the first Stolen Generation claim to be issued in the Supreme Court of Victoria.
Recovering stolen wages
Between 1900 and 1969, legislation enabled the New South Wales Government to control the lives of many indigenous Australians, including giving the government control of their financial earnings and various fiscal entitlements.
In practice, this resulted in a large percentage of the wages, child endowment and related welfare payments that were made to Aboriginal people being placed into government-run trust accounts, operated first by the Aborigines Protection Board and later by the Aborigines Welfare Board.
Only a fraction of this money was ever paid to the individuals who were legally entitled to the wages and payments.
In 2004, the NSW Government committed to repaying the withheld wages and welfare money. The Government established the Aboriginal Trust Funds Repayment Scheme.
The process of establishing a claim to funds held by the scheme is highly complex and time consuming.
The firm became involved in the Stolen Wages Project during 2006. Our team of six partners and 15 lawyers currently represents 18 clients.
We have recently finalised a number of Interim Assessments issued by the Aboriginal Trust Fund Repayment Scheme on behalf of our clients. In each case, the final ex gratia payment made following our appeal has been higher than the amount originally determined by the Scheme.
By assisting claimants to assert their proper title to money held in the fund, the firm's lawyers are contributing in a small way to compensating for the long-term wrong that has been done to our clients.
Marianna Lieshman, Vacation clerk - Native title
intern
Each year, four of the firm's vacation clerks have the opportunity to spend six or so weeks working as an intern at a Native Title Representative Body. This program, organised by the Aurora Project, aims to offer future lawyers an insight into native title law and, at the same time, give them the chance to live closely with an Aboriginal community. Over the past few years, our interns have spent time with the Kimberley Land Council in Broome, the Cape York Land Council in Cairns and the Lingiari
Foundation in Broome. Marianna Leishman was an intern in July 2007.
As an intern with the Kimberley Land Council, funded by Allens Arthur Robinson as part of the Aurora Native Title Project, I have been inspired and moved by some touching people. I have had the opportunity to travel out on country, attend meetings, take minutes, undertake legal research, and listen to the incredible stories and experiences of lawyers, native title officers, anthropologists and Traditional Owners.
Lawyers from the firm's Brisbane office have been involved in preparing and presenting a series of general legal education seminars to refugees in connection with the Refugee and Immigration Legal Service (RAILS).
Our lawyers speak on workplace rights, vehicles and driving laws, medical and health rights, courts and the justice system and buying and selling.
Each presentation is intended to address the basic legal issues that are likely to be significant to refugees and to promote knowledge of the refugees' legal rights and responsibilities.
Our lawyers have also developed information sheets containing useful information on the topics, which are distributed to the refugees at the seminars for their future reference.
Abbotsford Convent Foundation
Abbotsford Convent Foundation is a not-for-profit organisation based in the beautiful grounds of the former Abbotsford Convent. The Foundation's aim is to develop an arts, culture and education precinct within its grounds for the benefit of the Victorian people. The firm has done a variety of pro bono work for the Foundation, in particular drafting the Foundation's pro forma lease and assisting with tenancy issues. We have also advised them on the registration of business names and trade marks.
The Ovarian Cancer Research Foundation
The Ovarian Cancer Research Foundation was established to raise funds for research into an early detection program for ovarian cancer, one of the most common cancers affecting women and one that is often detected only in the advanced stage of the disease. The firm assists the Foundation in various ways, ranging from commercial, regulatory and taxation advice on the Foundation's fundraising initiatives to strategic legal advice regarding the Foundation's structure, operations and sponsorship arrangements.
Polyglot Puppet Theatre
The Polyglot Puppet Theatre Ltd is a not-for-profit puppet theatre based in Victoria, which creates puppet shows and workshops for children, staging them at schools and festivals across Australia. The firm has provided advice to Polyglot on its obligations under federal employment legislation.
Fair Trade Association of Australia and New Zealand
Fair Trade Association of Australia and New Zealand Inc licenses producers and traders of goods (including coffee, tea and chocolate) to affix the Fairtrade Certification Mark to their goods if certain Fairtrade standards have been met. These standards require that producers comply with independently developed labour and product standards (eg no child labour), that prices paid to producers do not drop below certain minimum levels and that importers pay the producer organisation a premium (the Fairtrade Premium) that is invested in local projects for social, economic and environmental development.
The objective of the Fairtrade system is to alleviate poverty among marginalised workers and producers by implementing these standards, promoting the use of sustainable farming and production practices, securing labour rights and improved working conditions for suppliers, and supporting local development projects in suppliers' communities. The firm provides a range of legal services to the organisation, including intellectual property advice, liaising with Australian and New Zealand regulatory bodies, and applying for various taxation-related exemptions and deductible gift recipient status.
Olivia Newton-John Cancer Centre
We acted as pro bono lawyers for Austin Health in relation to its high-profile fundraising event, The Great Walk to Beijing 2008, which aimed to raise funds for construction of the Olivia Newton-John Cancer Centre. In April 2008, a team of 150 walkers led by Olivia Newton-John, including celebrities, sportspeople and cancer survivors, walked 228km over 21 days along the Great Wall of China. In addition to corporate sponsorship, and donations from the public, the event raised funds through a commemorative album featuring Olivia Newton-John and other well known musicians such as Delta Goodrem.
The firm assisted on all legal aspects in relation to The Great Walk to Beijing 2008, including tax advice, commercial agreements, intellectual property, insurance, online transactions and privacy and walker participation arrangements. The team involved partners and staff across our Sydney, Melbourne and Beijing offices.
George Gregan Foundation
The George Gregan Foundation is the vision of former Wallaby captain George Gregan and his wife Erica.
In 2004, we were approached to act on a pro bono basis for the Foundation. Since then, we have assisted with establishing the Foundation and continue to provide legal assistance on an honorary basis.
The Foundation has had a series of highly successful fundraising events with all funds going towards the construction of specially designed playground equipment for children's hospitals. A highlight for the Foundation was the opening of the first interactive playground at the Children's Hospital Westmead, Sydney, in October 2006 and similar projects are underway in other states.
Heart2Heart Shanghai
Heart2Heart is a Shanghai-based not-for-profit organisation composed of expatriate volunteers who donate their time to entertain and give support to children who are undergoing heart surgery in Shanghai. Heart2Heart also raises money for needy children and their families. Currently, because of licensing requirements, Heart2Heart is not formally registered as a charity in the People's Republic of China which, among other things, means they do not have the ability to issue formal tax receipts for donations received.
The firm has assisted Heart2Heart by conducting research on their ability to register as a charity in China, and how they may be able to issue tax receipts to donors. This work may expand into representing Heart2Heart in an alliance with one of Shanghai's largest registered charitable organisations.
Sowilo Community High School
Sowilo Community High School provides flexible and alternative teaching styles to young people who may be at risk of failing their education or are not suited to mainstream educational practices. Teaching is individually tailored to the students, so that each student maps out an educational pathway in partnership with a teacher or a mentor. Students who previously had lost or given up their interest in learning are given special attention and support.
The firm has a close relationship with Sowilo Community High School and has provided pro bono advice to the school in relation
to the amending of its constitution, its corporate governance procedures and on property matters.
Rocky Bay
For people with disabilities, finding employment and accommodation, paying for clinical services and generally managing life can be extremely challenging. Rocky Bay, formerly the Western Australian Society for Crippled Children, provides care and support for adults and children with disabilities, particularly those with neuromuscular and other neurological disorders. Rocky Bay's clients are people with muscular dystrophy, muscular atrophy, spina bifida, cerebral palsy and those with an acquired brain injury.
The firm's Perth office supports Rocky Bay by providing pro bono legal assistance, including drafting employment agreements and giving legal advice on discrimination, employee performance and trade practices.
Our firm also provides
financial support
to Rocky Bay.
Helping community legal centres
Many of our corporate services staff have eagerly taken up opportunities to make a contribution to the community by donating their time to work on projects for pro bono clients. Our MCS design and publications team spend many hours each year working on pro bono projects. Some of this work includes the design, editing and publishing of the annual report for the Refugee and Immigration Legal Centre and designing and printing conference flyers for the New South Wales Combined Community Legal Centres Group annual conference.
Pro bono secretarial work
Several secretaries from our Melbourne office generously agree to spend a day a month working at the Fitzroy Legal Service, enabling the firm to provide the very busy legal service with one day a week of much valued administrative assistance. This project is a highly successful one; our staff value the opportunity to use their skills to assist a community organisation and the legal service staff enjoy working with our highly professional secretaries.
Donating business equipment
From time to time, we have surplus office equipment that we are able to donate to community organisations. During 2007, our business services team coordinated the distribution of hundreds of dictaphones to community legal centres, Aboriginal organisations and other not-for-profit groups.
Bicycle NSW
Bicycle NSW is a member-funded/owned, not-for-profit community organisation that works to promote cycling as a cleaner, greener, healthier transport solution.
Bicycle NSW is a long-standing pro bono client of the firm, for which we do a range of work. Recently our team has helped expand the Bicycle NSW Environmental Trust in order to allow Bicycle NSW to receive donations for the development of bicycle infrastructure and a bicycle film festival. We have also assisted Bicycle NSW to enter into a new lease that has allowed it to move into larger premises and we are currently advising on the second stage of a much appreciated review of the constitution.
Bush Heritage Australia
Bush Heritage Australia is a national, independent not-for-profit organisation that was founded to protect the Australian countryside and its many and varied plant and wildlife species. Bush Heritage does this by acquiring and managing land, water and wildlife and then caring for them in perpetuity in areas of conservational value. Bush Heritage Australia currently owns and manages 30 reserves throughout Australia, which protect many plant, bird and animal species.
The firm has assisted Bush Heritage with many legal matters, including the acquisition of various reserves, advice on structure and internal governance and advice on contractual arrangements, for example in relation to fire management plans at the reserves.
International Riverfoundation
International Riverfoundation is a not-for-profit organisation that was established in 2003. The Foundation is dedicated to promoting the protection and restoration of rivers throughout the world. The firm regularly provides the Foundation with legal advice on a range of corporate and intellectual property matters.
PILCH Self Representation Civil Law Service
The Queensland Public Interest Law Clearing House is a not-for-profit community organisation that is responsible for referring requests from clients who are unable to afford legal assistance to law firms in Queensland to provide pro bono legal advice.
The firm's lawyers participate in the QPILCH Self Representation Civil Law Service project. Project lawyers assist litigants with their civil law claims in the Queensland Supreme and District Courts. The assistance provided is varied and depends on the needs of individual litigants but generally includes drafting documents such as pleadings and affidavits, as well as advising clients on procedural aspects of their claims. Lawyers attend the service on a rotational basis once a month.
The QPILCH project is the first of its kind in Australia and is modelled on a similar United Kingdom scheme.
PILCH secondments
The firm regularly seconds junior lawyers for six months to work in the Public Interest Law Scheme at PILCH NSW and at PILCH Victoria. The schemes facilitate much needed pro bono legal assistance and advocacy for individual clients who suffer disadvantage or marginalisation and for community organisations providing services in the public interest. The secondments are an opportunity for two junior lawyers to obtain insight into the collaboration between the private legal sector and agencies working to increase access to justice.
Carly Dunn, Lawyer - 2008 PILCH Victoria secondee
Carly Dunn, a first-year lawyer in our Melbourne office, is the 2008 PILCH Victoria secondee. Carly reports that a typical day involves working with marginalised members of the community and not-for-profit organisations to identify factual and legal issues that require assistance. If a matter raises issues of public interest, she will liaise with PILCH members, including member law firms and counsel or members of the community legal sector to facilitate the provision of legal services to the client. Carly has also been involved in law reform submissions, including submissions on indigenous issues and advocacy projects such as the PILCH environmental law group.
PILCH seminars
Each year, PILCH Victoria organises a series of seminars for the not-for-profit sector. The seminars are hosted and presented by PILCH member firms and focus on areas of law that are relevant to the sector. During the past year, the firm has presented four seminars in the series, on tax, intellectual property, employment law and insurance. The seminars are aimed at small to medium-sized organisations that would not otherwise have access to this type of legal information. The seminars were very well attended and received.
The firm works closely with various community legal centres throughout Australia.
We have ongoing relationships with the refugee and immigration legal centres in Brisbane, Sydney and Melbourne and accept referrals of refugee matters from them. In addition, we are pleased to host regular migration law training courses run by the Refugee & Immigration Legal Centre in Melbourne and by the Refugee Advice and Casework Service in Sydney, as well as to present seminars for refugees on behalf of
RAILS in Brisbane.
The firm works with the Arts Law Centre of Australia in a number of ways, including providing secondees to the centre, accepting referrals of centre clients with more complex legal needs and hosting events on behalf of the centre. The firm sponsors the Fitzroy Legal Service articled clerk, which is the only articled clerk position in the Victorian community legal centre sector.
Each year, the firm seconds a junior lawyer to Kingsford Community Legal Centre for six months' work. Kingsford is a community legal centre run in association with the University of New South Wales. Many of the centre's clients are particularly vulnerable members of society, including the aged, the mentally ill, and those with limited resources.
Tom Glasson, Lawyer - 2007-2008 Kingsford Community Legal Centre secondee
Tom Glasson is a lawyer from our intellectual property group in Sydney. Tom is now back at work at the firm but remembers his Kingsford experience fondly:
I suspect lawyers will forever be burdened with the 'dispassionate and money-loving' stereotype, so it was always a great thrill to see clients' faces when they were told our services were entirely free. I'll never forget the young married couple reluctantly obtaining a Power of Attorney because the husband was soon to ship out to Iraq, or the wife of a stroke victim lovingly encouraging him as he painstakingly signed his name with a pen in his mouth.
Increasing access to justice
Roach v The Electoral Commissioner [2007]
In 2006, the Federal Government passed legislation that denied all prisoners the right to vote. The firm acted with the Human Rights Law Resource Centre and Ron Merkel QC, Michael Pearce SC, Fiona Forsyth and Kristen Walker of Counsel to represent Vickie Roach, an Aboriginal woman who is a prisoner at Dame Phyllis Frost Prison in Melbourne, in her challenge to the constitutionality of this legislation in the High Court of Australia.
1
In a landmark decision, the High Court found that the laws were invalid and struck down the blanket prohibition on prisoners voting. This important decision was a victory for representative democracy, accountable government, the rule of law and fundamental human rights. With Aboriginal Australians incarcerated at a rate of almost 13 times that of their fellow Australians, it is also a vindication of Aboriginal rights.
1 The defendants in the matter have been ordered to pay part of the plaintiff's costs.
