http://www.andma.com.au/index.htmlAndre Di Cioccioenandre@andredicioccio.com.auCopyright 2010 Andre DiCioccio2010-09-27T20:50:47+10:00 hourly 1 2000-01-01T12:00+00:00 Sat, 19 Jun 2010 15:44:10 +1000andre@andredicioccio.com.auLawyer Blog2010-09-27T20:50:47+10:00http://www.andma.com.au/lawyer-blog/files/520b5285b846547d24063f9eb229db47-17.php#unique-entry-id-17http://www.andma.com.au/lawyer-blog/files/520b5285b846547d24063f9eb229db47-17.php#unique-entry-id-17
What Every Company
Needs on Their Website
By James McRoy (c) 2010
 - Grab the SiteProNews RSS Feed

Even the best-run business is guilty of starving the media of good usable content for use by the press. When you have a small team with enormous time constraints, the problem is even worse. Just how do you let the world know how good you are?

PR is an absolute boon for small businesses; it is much more effective than pure advertising and the big bonus is - it's free! Free in terms of cost, but not in effort.

Developing a PR strategy takes time, effort, clarity of purpose, and an amount of doggedness on the part of the company, but for the majority of companies, time is a really precious commodity that is 'best devoted to churning out the finished product, project or service.'

 

Most companies have newsworthy events, things that they could really bang the drum about - if only they had the time and the resources. Lately there has been a solution to this appearing on really well thought-out websites; the virtual Press Office.

What is a Virtual Press Office? The Virtual Press Office is a dedicated page or pages on your website, where you can place information about your organization or industry for use by journalists who may want to create stories, articles or features for their publications. These are also referred to as online media or press centers. In these dedicated areas you will find a host of useful background information about the company, including archived releases, fact sheets, case studies, contact details for the company spokesman, hi-resolution image downloads - in fact, anything that will make life easier for the journalist researching either your company or your industry in general.

While your website might already carry the information in its various pages, why not make life easier for the journalists or researchers by holding specific, relevant information on dedicated media pages?

How useful this actually might be was brought home to us when one of our clients, Drilcorp, a Specialist Drilling Contractor in the UK, suddenly found news articles appearing in one of their industry international journals.

 
It was obvious from the content that these articles had been lifted directly from their news pages and as their web development and marketing team we realized the potential of having a dedicated area where the media could access and download relevant releases and high quality imagery relating to the news story of the day.

Plus, having a company spokesman's details on the site also has the potential for additional expansion on the stories. In addition, lifting pictures from a website and then using them in print media produces really poor quality final images, so the benefit of having high-resolution images to accompany the articles is a much higher quality printed article; better for both the journalist and the source company.

To ensure that the news stories hit the right desks, we are also setting up an RSS feed for journos to subscribe to so that when we upload the news, it is pinged right to their RSS feeds.

If you are unfamiliar with RSS feeds, here is a brief overview of how they work: RSS stands for 'Really Simple Syndication.' It is a system that automatically 'pulls' web pages from a website and displays them on the RSS subscriber's PC (or Mac!) desktop. It is like subscribing to receive information directly from a website - except, unlike a website which you have to visit, the information from the web page is delivered direct to you. And unlike emails, the recipient decides if they want to receive this information.

 

How to Develop an Effective Virtual Press Office

The key here is the acronym KISS. (Keep It Simple Stupid) - Put your most relevant and important content in this area, but don't overload it with everything you have.

– Update it frequently and encourage further contact from the press.

– Always have a spokesman ready with a prepared statement that reflects company policy.

– Make sure that the spokesman is well briefed on what not to say as well as what to comment on.

– Put case studies and photography in here - you would be surprised at how much the press really love unique content, and on this note ensure that the photography is at or at least near to professional standard.

– If you find that you are answering the same question time and time again, compile these questions and answers into a FAQ section or even create a mini 'White Papers' for use as reference documents by the press.

This will establish your reputation as the authority for the industry and your articles and opinions will be highly sought after.

– Request notification of any articles that may be published by the participating media; it is cheaper than using a 'clipping service' - a paid for service that searches for and collects media mentions about your organization and sends them to you.

As your website is often the first point of contact for your organization, it is worth investing the time to keep it as fresh as possible and as useful as possible. It will repay you many times over and really create a great relationship with the media.

About The Author
James McRoy is an ebusiness consultant with the Images Group www.theimagesgroup.co.uk. The Images Group specialize in website optimization and profit extraction systems.



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]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:57:05+10:00http://www.andma.com.au/lawyer-blog/files/c7805f4c8ea88514c98cbb73e838b34e-16.php#unique-entry-id-16http://www.andma.com.au/lawyer-blog/files/c7805f4c8ea88514c98cbb73e838b34e-16.php#unique-entry-id-16A former Foreign Minister will be taking to the podium at the upcoming law student event of the year.

The Australian Law Students’ Association (ALSA) has announced that the Honourable Gareth Evans AO QC will be the keynote speaker for the opening dinner at the ALSA Conference 2010, to be held in Adelaide this month.

The event will bring together about 500 law students legal professionals. The legal gathering allows students to attend the law competitions circuit, attend Legal Education Forums, contribute at ALSA Council and network.

Evans himself, who had a 21 year political career, most notably as Foreign Minister (1988-96), will base his speech on the power of the law in protecting those at risk.

Evans had a long-running involvement in this issue. He was co-chair of the International Commission on Intervention and State Sovereignty, co-chair of the International Commission on Nuclear Non-Proliferation and Disarmament, and president emeritus of the International Crisis Group. This background led to him being the recipient of the 2010 Four Freedoms Award for Freedom from Fear.

Meanwhile, the acting International co-prosecutor at the Extraordinary Chambers in the Courts of Cambodia (ECCC), William Smith, will be the key note speaker at the Closing Gala Dinner.

For over a decade, Smith worked as a trial attorney, legal officer and analyst at the International Criminal Tribunal for the former Yugoslavia in The Hague. He was also the International Deputy Co-Prosecutor of the ECCC for three years before taking up his current position.

The ALSA Conference 2010 will be held in Adelaide from 12-18 July this year.]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:56:27+10:00http://www.andma.com.au/lawyer-blog/files/981013aa7094a04492be9171fcb9d53f-15.php#unique-entry-id-15http://www.andma.com.au/lawyer-blog/files/981013aa7094a04492be9171fcb9d53f-15.php#unique-entry-id-15JUST nine years after he joined Mallesons Stephen Jaques as a law clerk, Paul Lingard has been made a partner at the firm.

Mallesons has appointed the 31-year-old Lingard as a partner in its Perth office, reflecting his track record as an emerging market leader.

Part of the M&A team, Lingard has experience in energy and resources, major projects, electricity and gas and acts for Australia's largest resources and energy companies including BHP Billiton, Synergy and TRUenergy.

The firm said today that Lingard has led a number of high profile transactions including Synergy’s wholesale energy procurement programs, the establishment of the Western Australian Electricity Market, preparing documentation for large commercial projects and acting on the sale of a number of major national infrastructure assets.

Partner in Charge of the firm's Perth office, Beau Deleuil, said: “[Lingard’s] appointment as a partner reflects the outstanding contribution he has made to Mallesons’ energy & resources practice and the regard in which he is held by clients.

Lingard makes an impact with clients, said Deleuil.

Lingard said of his recent promotion: "I am very grateful for this opportunity. Mallesons' commitment to M&A and the energy and resources sectors and to our clients in those sectors is crucial to the firm's ongoing success and I am very pleased to be a part of this focus".

Paul Lingard’s promotion is effective from today.]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:56:18+10:00http://www.andma.com.au/lawyer-blog/files/4aec0868acc38a549a204b760d436513-14.php#unique-entry-id-14http://www.andma.com.au/lawyer-blog/files/4aec0868acc38a549a204b760d436513-14.php#unique-entry-id-14BRISBANE law firm HopgoodGanim Lawyers has announced the promotion of nine of its lawyers.

The promotions include the advancement of resources specialist Dr Jonathan Fulcher, a leading native title lawyers as ranked by Chambers Global for the past four consecutive years, to the firm’s partnership.

Managing partner Bruce Humphrys said the promotions demonstrate the firm’s commitment to providing strong career development and progression opportunities for staff.

“HopgoodGanim is committed to providing a clear career path for our employees.”

As part of the promotions, Alison Ross has been appointed a special counsel in the firm’s family law practice.

New associates include Aaron Alcock in litigation and dispute resolution, Hayden Delaney in intellectual property and technology, Janelle Kenzler in commercial property, Jessica Paten in industrial and employment law, Sam Kingston in litigation and dispute resolution, Susan Malone in planning and development and Tim Scanlan in business services and structuring.
]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:55:52+10:00http://www.andma.com.au/lawyer-blog/files/3be544e944b07d9d96c481363b465010-13.php#unique-entry-id-13http://www.andma.com.au/lawyer-blog/files/3be544e944b07d9d96c481363b465010-13.php#unique-entry-id-13PARTNER profits have skyrocketed as firms chipped away at staff numbers in the past year.


At Allen & Overy LLP, one of London’s top-grossing law firms, partner profits rose 10 per cent after massive lawyer cuts.

Allen & Overy is the first UK firm to post profits from the 2009-10 financial year.

Revenue fell 4 per cent to £1.05 billion ($1.88bn) for the year ending 30 April, the firm has said in a statement. Profits per partner, the standard method for measuring law firm results, rose to £1.1 million ($1.96 million) on average – up from £1m ($1.79m) last year.

The firm also confirmed that staff costs fell 11 per cent to £384m ($687m), which had about 450 partners globally. In February 2009. The firm fired 250 lawyers and 200 staff in a £46m ($82m) restructuring.

“We have made strategic choices to secure future growth, and in doing so have built resilience into our business, enhances our global reach and diversified out practice area mix,” Wim Dejonghe, managing partner of the firm, said.

Equity partners received individual profits ranging from 661,000 pounds ($1.18 million) to £1.65m ($2.9m). This was combined with the fact that as overall firm profit fell less than 1 per cent to £428.8m ($768.8m), the average number of partners declined by 39.

At Allen & Overy, other income was derived from sub-letting space in the firm’s London headquarters, which generated £2m. Finance director Ian Dinwiddie said the firm had been “particularly successful in [letting] spare space to American law firms”.

The firm occupies around 550,000 sq ft of the 700,000 sq ft building at One Bishops’ Square on the fringes of the City. Paul Hastings, Proskauer Rose and Akin Gump occupy most of the rest of the space.

The results come as Allen & Overy announced it would open in Indonesia through an association with Daniel Ginting Law Firm. The one-partner office will target Islamic finance, capital markets and project finance opportunities. A&O joins a handful of international firms, including Baker & McKenzie, Herbert Smith and Norton Rose, that have a presence in Jakarta through local associations.]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:55:28+10:00http://www.andma.com.au/lawyer-blog/files/1baa678125af6f735fd57d2659c34751-12.php#unique-entry-id-12http://www.andma.com.au/lawyer-blog/files/1baa678125af6f735fd57d2659c34751-12.php#unique-entry-id-12CLAYTON Utz is advising Australia's biggest paints business Wattyl Limited on its proposed acquisition by major American coatings manufacturer The Valspar Corporation.

Clayton Utz national M&A practice head John Elliott is leading the firm's team advising Wattyl in its negotiations with Valspar.

But things have not been completely smooth sailing for the lawyers involved. A takeover war was set to erupt this week as Dutch giant Akzo Nobel looked set to make a rival bid.

Institutional investors on 28 June bought up Wattyl shares on expectation that Akzo Novel and even US paint manufacturer rival PPG were poised to trump the $142 million offer from the US-based Valspar Corporation.

Wattyl’s board, meanwhile, decided to recommend the Valspar bid.

Shares in Wattyl soared after the company exited a trading halt, climing 28.57 per cent to close at $1.62. It was the biggest trading day for Wattyl since March last year.

Wattyl chairman John Ingram said the deal with Valspar would enable shareholders to realise cash for their shares at a major premium to recent trading levels.

Commenting on the deal, Clayton Utz’s Elliott said: "It continues a trend of ‘agreed’ deals that have been occurring in recent times. This demonstrates the relative certainty (of a recommendation) that Boards can achieve in approaching prospective targets with a willingness to pay a significant premium."

Under the proposed scheme of arrangement, Wattyl shareholders will receive A$1.67 per fully paid share, valuing the transaction at approximately A$142 million.

Subject to obtaining the necessary approvals, Valspar should move to
outright control of Wattyl by late September.]]>andre@andredicioccio.com.auLawyer Blog2010-07-03T11:54:43+10:00http://www.andma.com.au/lawyer-blog/files/71c9947515cc3265579ed5f8d9a85df9-11.php#unique-entry-id-11http://www.andma.com.au/lawyer-blog/files/71c9947515cc3265579ed5f8d9a85df9-11.php#unique-entry-id-11BAKER & McKenzie’s Australian office has claimed a former Gilbert + Tobin partner and chief operating officer as its new national managing partner.

As Mark Chapple, the firm’s current national managing partner, steps down from the top ranks on 2 August, Christopher Freeland will take the post.

Freeland, who has spent time in Beijing advising one of China’s leading law firms, King & Wood, holds a Bachelor of Economics and a Bachelor of Laws (Honours) from Monash University, as well as a Masters of Business Administration.

John Conroy, Baker & McKenzie’s chairman of the executive committee, said of the new appointment: “We are very pleased that [Freeland] is brining his considerable talents to join out Australian tea. For nearly 50 years, the Australian offices have been, and continue to be, very successful in driving growth and innovation within our firm.”

Bruce Hambrett, chairman of Baker & McKenzie’s Australian offices, gave a nod to Chapple for his work in leading the firm nationally over the past four years.

Chapple, meanwhile, will remain a partner at the firm.]]>andre@andredicioccio.com.auLawyer Blog2010-06-30T23:11:19+10:00http://www.andma.com.au/lawyer-blog/files/d8d9bb338470928cc100a2133f5f3056-10.php#unique-entry-id-10http://www.andma.com.au/lawyer-blog/files/d8d9bb338470928cc100a2133f5f3056-10.php#unique-entry-id-10'In How to Market Yourself as a Lawyer, the webinar examines specific ways to use speaking engagements, social media web sites, press releases, and published articles as a way to market yourself and attract more clients. Take the 60 minutes to view this webinar (on your computer, mobile phone, iPod or printed out) to understand how to do a better job marketing yourself through each of these media, what is working best for other lawyers so far this year, and the best ways to grow your practice in the upcoming year.

Upon ordering, we will email you a link to download the webinar for viewing on your computer, mobile media device (iPod/iPhone, Blackberry), or printed out. The downloaded files will include the PowerPoint presentation, audio narration and jpeg images of the slides (for watching on your mobile media device).

The webinar is led by an expert at helping lawyers market themselves, Erik Pelton, and focuses on:

- Everything you need to know in 60 minutes about the best ways to market yourself as a lawyer and attract more clients in the upcoming year

- Surefire methods for taking advantage of the most up-to-date marketing opportunities offered by social media web sites, press releases, speaking engagements, industry/trade web sites and publications, and other media outlets to effectively market yourself as a lawyer

- Specific suggestions for lawyers on the best social media web sites, speaking engagement venues and legal publishers that will help you reach potential clients

- Answers to the ten questions most asked by lawyers about how to successfully market themselves and attract new clients, and how this is different than in years past

- Case studies of other lawyers that are having tremendous success getting more business, what marketing efforts are working best for them, and important lessons learned

Praise for ExecSense Webinars:

“Thorough, informative and interesting...an efficient, effective means of gaining in depth insight…”- Greg Nowak, Partner, Pepper Hamilton

“Well organized, well articulated, and easy to follow. The ExecSense webinar I attended was the best virtual learning experience I've had in quite some time.” – Brian K. Moore, HR Communications, Humana

“...critical to successfully operating in today's fast-moving market.” – Ira Bogner, Partner, Proskauer Rose'
]]>andre@andredicioccio.com.auLawyer Blog2010-06-30T22:47:08+10:00http://www.andma.com.au/lawyer-blog/files/60d0d6e0df18b46cb3f4fe439cd3b146-9.php#unique-entry-id-9http://www.andma.com.au/lawyer-blog/files/60d0d6e0df18b46cb3f4fe439cd3b146-9.php#unique-entry-id-9This article is about getting creative and pushing your thoughts outside the box so to speak in order to innovate + grow all facets of your business empire.
Innovation is what sets you aside from the competition. It makes you the one and only choice in the market place. Innovation should be used in all facets of your business from increasing sales, to improving service, from payment methods to customer retention measures to products and services, to your website and everything inbetween.
As a business owner, you are the ideas person. You have to be continuously innovating and improving your business. Making the experience continuously better for your clientelle.
Innovating and seeing results from your ideas is without doubt the most rewarding part of business. Its your baby. Your creation. And its not that hard as I will explain after this quick interuption...
[Editors note: In last months edition, Martin hyped up this months newsletter by promising dancing pengiuns, circus tricks, experimental jazz and something wet. It was included and it was very good. However before the newsletter was released it was removed by the secret black and white pengiun ops for being misleading and possibly dangerous. They were very wet as they just came from a pineapple hideout. One was even able to do some tricks. The material in question was instead replaced with something more interesting.]
Here are some ideas to help you innovate and improve your business:

Think OUTSIDE your industry box!
Use the yellow pages as well as trade magazines to see what other people in your industry are doing. How can you implement it better? Make sure you are covering all areas that your clients and prospects are expecting from you. Before you go after the competitions clients (or "new" clients) you should first make sure you are not losing your own clients to them.

You should also be looking outside your industry (outside the industry box!) at other industries in search for ideas. Ideas that you can bring home to your industry. The yellow pages - again - is an easy way to let your fingers do the trawling for new ideas.

Look online. When you are out shopping. When you are talking to friends and family. Etc.

Always be observant by how you are treated in restaurants, in super markets and so on. How was you served? Was there an upsell or cross sell? How about payment options? What was the experience like? Jot down things that you like, and work out if you can use it in your business.

Most businesses tend to operate exactly like other businesses in the same industry. So looking at other industries is the easiest way to find "already proven" ideas that will set you apart.

Personally, I get most of my ideas from daily experiences dealing with other companies and reading business related books.

Martin Print EasyPay for example: I saw this being used by online appliance discounters and liked the idea. It was implemented fairly quickly into our website and has worked very well. Both for us and the clients who use it. EasyPay was implemented about 4 years ago and I have still not seen any other printing companies offering this easier payment method.

Money Back Guarantee - just like EasyPay - it appears to only be offered by Martin Print. I believe we have been offering this no-quible-guarantee for 6 years or more. It allows us great leverage over our competition and ensures our clients that we stand 100% behind our products and services.

These are just two very small examples.

I keep notes on paper and in my phone and try to implement and test as many new ideas as possible.

Next month things get more exciting on the creativity side as we cross the invisible line that seperate genius and insanity. (I skipped the genius part and headed straight for insanity).

HYPING UP NEXT MONTHS NEWSLETTER: Next month (July) is the radical part two to this article! We are going to discuss some really borderline creativity techniques using a handful of blow-your-mind methods (truly). Here are some teasers.

1) Invisible friends,
2) Finding out that you are infact somebody else,
3) Asking questions that [Spoiler blocker],
4) The GREAT reversal technique,
5) Dealing with gangsters, schientists, explorers and other professionals

AND - YES - MORE. Possibly even something wet. Not sure.
]]>andre@andredicioccio.com.auLawyer Blog2010-06-30T22:46:51+10:00http://www.andma.com.au/lawyer-blog/files/f5d7890aa93f0d09fd31b24c2e319806-8.php#unique-entry-id-8http://www.andma.com.au/lawyer-blog/files/f5d7890aa93f0d09fd31b24c2e319806-8.php#unique-entry-id-8Two powerful words that make a business great: CASH ONLY Sorry..I was having a moment. What I really meant was THANK YOU! Yep...thank you...the most used two words in the English Language. Maybe.. Two words that got you a sound thrashing from your Mum and Dad if you forgot to use them...another "six of the best" from the Headmaster if you forgot to say them after the first six...ahh memories. Two words that can express all kinds of things... Come on..come with me on a walk through "Thank You" and I'll try to take you on a trip down memory lane. (mmmm..trip...ohhh sorry..was having a flashback) Anyway, I digress....thank you for your patience..I will get round to the point soon...I promise..(or are they more important than Thank you...now I'm confused) Ok..lets play..the Thank you game! Thank you #1: Uninvited Guests.. Thank you for coming... (choose your inflection for these...its ok, don't panic..you dont need anti-biotics.. I said Inflection...) Translation: Thank God your going Thank you #2: Unwanted Gift...      Ohhh...thank you...you really should'nt have... Translation: What the hell am I going to do with this thing Thank you 3#: Obvious Statement: Thank you so much for that.... Translation: As if I haven't heard that before..sheesh.. Ok..so there's three..I'm sure you can think of a squillion others. What I'm thinking of is the real genuine THANK YOU! And that is where you come in. So really..what is a Thank You when it comes to your Business...How do people see your Thank You?  Is it really enough? Is it really going to have an impact, or is it going to be as genuine as the "Thank You for taking the time..." you get from a call centre salesman, trying to sell you a years membership to a Resort in the Bahamas as long as you buy 5 million dollars worth of Sea Shells, when you say "No Thanks". So lets keep it simple....and here's a few things that I hope may help you on your Journey... There are a lot of things to thank your customers for in a business relationship.  Sad thing is, customers are not thanked enough—or thanked at all—by the businesses they’ve patronized.   Some companies do send out thank you cards and letters, but they tend to look mass-produced, impersonal and cold.  
Saying thank you properly comes out of genuine, heartfelt gratitude.  It’s an action that’s very personal and human... so clients should be able to feel that that thank you card/note/letter really comes from a person and not out of an automatically set machine that churns out thank you memos.   And believe me, it will do your business a lot of good when your customers get the message that you truly appreciate them.  A person who feels genuinely appreciated by a friend will make the effort to continue the rapport and relationship between them. 
That’s the kind of relationship you’ll want to have with your clients.  Being able to show that you’re human—despite cold reality of business in keeping profit margins and ensuring efficient production lines—makes you stand out from the businesses who are more concerned about profit, than the relationships built in doing business.  That’s why thank you makes your business great! Keep these things in mind when you’re going about your thank you’s—they’ll help put the message across more clearly.
Send them something that represents YOU or THEM.  Don’t go for the generic greeting card; invest in a set of cards that is designed to represent you and your company.  Not only will it generate instant recall at first sight—more importantly, it helps your client connect the "thank you" with you. Don’t go for generic messages.  Write them a short note that thanks them specifically for buying this particular product or service, for their feedback or for their referral.  No, a typical “Thank you for your business” isn’t going to do it.  Be more personal than that—this challenges you to build rapport and get to know your clients more—particularly walk-in clients.
Keep your thank you’s fresh.  When a thank-you comes late, it becomes watered down; it seems like an afterthought, a polite gesture suddenly remembered.  It’s good form to send your thanks in the mail within 7 days after receiving your client’s business.         Go analogue.  An email will work if the message is personal and heartfelt; but sending a handwritten note or card shows that you’ve put in effort to show clients your appreciation. Throw in something more.  Coupons, discounts, info on new products and promos. A little something more to show your appreciation—which also encourages your clients towards repeat business with you. And for taking the time to read this.. I thank you!
]]>andre@andredicioccio.com.auLawyer Blog2010-06-19T16:31:50+10:00http://www.andma.com.au/lawyer-blog/files/00cb3dc57aadb4fb6a8e0fc41ca39b46-7.php#unique-entry-id-7http://www.andma.com.au/lawyer-blog/files/00cb3dc57aadb4fb6a8e0fc41ca39b46-7.php#unique-entry-id-7Penalty Interest Rates

About the Penalty Interest Rate
The penalty interest rate is the interest rate applied to certain debts, such as those arising from a judgment or court order. It is also used for calculating interest payable on specific amounts under other specified legislation.
The penalty interest rate is fixed by the Attorney-General under the Penalty Interest Rates Act 1983. The rate is reviewed regularly by the Attorney-General and based on an appropriate institutional rate together with an added penalty element.
The Department of Justice provides basic information about the penalty interest rate and how it is calculated. If you need assistance in relation to how the rate applies to your business or personal affairs, you should seek independent legal advice.
How it differs from other interest rates
The penalty interest rate differs from other interest rates because of the penalty element.
The penalty interest rate is only altered when there is a significant change in institutional rates.
Current Penalty Interest Rates
The current penalty interest rate appears in The Age newspaper every Monday under the Law List. The following, taken from the Government Gazette is the penalty interest rate paid under section 2 of the Penalty Interest Rates Act 1983:
'The penalty interest rate fixed by the Attorney-General under section 2 of the Penalty Interest Rates Act 1983 is 10.5% per annum with effect on and from 1 February 2010.'
Past rates can be found on the Penalty Interest Rate - Archived Rates page.
]]>andre@andredicioccio.com.auLawyer Blog2010-06-19T16:31:32+10:00http://www.andma.com.au/lawyer-blog/files/86473c65f9da64f6d9614c1ebd63eab7-6.php#unique-entry-id-6http://www.andma.com.au/lawyer-blog/files/86473c65f9da64f6d9614c1ebd63eab7-6.php#unique-entry-id-6Penalty and fee units
Penalty and fee units are used in Victoria’s Acts and Regulations to describe the amount of a fine or a fee. The way that penalty and fee units are set and calculated is set out in the Monetary Units Act 2004 (link below).
Penalty units
Penalty units are used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is 50 penalty units.
One penalty unit is $116.82 in the 2009–10 financial year (1 July 2009 to 30 June 2010).
The rate for penalty units is indexed annually, so that it is raised in line with inflation. Any change to the value of a penalty unit will happen on 1 July each year.
Fee units
Fee units are used to calculate the cost of a certificate, registration or licence that is set out in an Act or Regulation. For example, the cost of depositing a Will with the supreme court registrar of probates is 1.6 fee units.
The value of one fee unit is currently $11.35. This value may increase at the beginning of a financial year, at the same time as penalty units.
The cost of fees and penalties is calculated by multiplying the number of units by the current value of the fee or unit. The exact cost may be rounded up or down.


]]>andre@andredicioccio.com.auLawyer Blog2010-06-19T16:29:22+10:00http://www.andma.com.au/lawyer-blog/files/9c7b388324770f9cc93fcea38ab20dbb-5.php#unique-entry-id-5http://www.andma.com.au/lawyer-blog/files/9c7b388324770f9cc93fcea38ab20dbb-5.php#unique-entry-id-5A
accused – person charged with the crime
adjourn – to put off a court case to a later date
administrator (Guardianship List) – a person appointed by the Guardianship List to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themselves
administrator (of a Will) – person appointed by the court to deal with a deceased estate where there is no Will or where the Will does not name a suitable executor
affected family member – a person who needs protecting from family violence
affected person – a person who needs protecting from stalking
affidavit – a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true
affirm – a declaration or promise that something is true that is made if you do not want to swear on the Bible, Koran or other religious book
allegation – when someone accuses another person of having done something
appeal – a procedure that allows a party to challenge the decision made by a court
applicant – the person applying for a court order
arrest – when the police hold you in custody because they think you have broken the law
assets – things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on
attorney – a person appointed to make financial, legal or medical treatment decisions for another person
Australian workplace agreement (AWA) – a written employment contract between you and your employer that sets out the terms and conditions of your employment
award – a document that sets out wage rates and conditions of employment for groups of employees
B
bail – a promise that you will go to court to face charges on a certain day. You may have to agree to conditions like reporting to the police, living at a certain place or having someone act as a surety for you
bail justice – a person who can give or refuse to give you bail while you are in police custody
balance of probabilities – level of proof needed in civil law cases to decide which version of events is more likely to have happened. This is easier to prove than 'beyond reasonable doubt'
barrister – a lawyer who specialises in appearing at court
beneficiary – a person who is given something in a Will
beyond reasonable doubt – level of proof needed in criminal cases for a magistrate or jury to decide whether you are guilty
blood alcohol content (BAC) – the amount of alcohol in your blood
breach – to break a law or court order
C
capacity (legal capacity) – having the ability to understand and think things out
case – your legal issues in the court system
caveat – a notice that certain actions may not happen without first telling the person who gave the notice
certified copy – copy of a document on which an authorised person has signed and written: 'This is a true and complete copy of the original'
charge – an explanation of the law that police say you have broken
charge sheet – a statement by the police that sets of the charges and starts the court process
codicil – legal document used to change a Will
community based order – when a court says you must do certain things instead of other penalties like going to prison or paying a fine
committal – the first part of a court case where a magistrate decides if there is enough evidence for the case to go to trial
confidentiality – a rule that says what you say to someone will not be told to others unless you agree
consent – when you agree to something
consent orders – an agreement between you and the other party which is approved by the court and then made into a court order
contest – a court hearing in which the parties disagree or where an accused person pleads not guilty
contest mention – a court date if you are pleading not guilty where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses
contravention – when a court decides a party has broken the rules of a court order
conviction – a criminal record of when the court has found you guilty of breaking the law
costs – money for legal or other costs which a party may be ordered to pay in a court case
court list – a list at court that shows the cases to be dealt with that day
court order – a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law
criminal record – a police record of your history in relation to criminal offences
custody – when you have been arrested and are not free to leave
D
de facto spouse – a person who is living with a person of the opposite sex as if they were a married couple although they are not
deed – a document that is signed and officially sealed
defence – a legal reason for why you are not guilty of the offence the police charged you with
defendant – a person or organisation that has been charged with breaking the law
deponent – a person making an affidavit
disqualification of licence – the court takes your drivers licence away from you. You have to go to court to get it back
divorce order – an order made by a court that ends a marriage
domestic partner – an unmarried person who has registered their relationship with the Relationships Register. Also a person who has a personal and financial commitment to another person and provides domestic support
duty lawyer – a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court
E
enduring power of attorney (financial) – a document that allows a person to make financial and legal decisions for you, even after you cannot make decisions for yourself
enduring power of attorney (medical treatment) – a document that allows a person to make decisions about your medical treatment when you are not able to make these decisions yourself
enduring power of guardianship – a document that allows a person to make personal or lifestyle decisions on your behalf when you are not able to make these decisions yourself
enforcement order – a written document made by a court that says you must follow an order
estate – the assets of a person who has died
evidence – information used in court to prove if something is true
ex parte hearing – a court hearing where a party is not present and has not been told that this is happening
exclusion order – a part of an intervention order that stops the family member the order is against from being at your home
executor – person named in a Will to deal with the estate
ex-nuptial – child born to parents who are not married to each other
F
family consultant – a psychologist or social worker who helps the court and the parties in children's cases
family dispute resolution – when a family dispute resolution practitioner helps people to sort out their disagreements with each other following separation
family law registry – a public area at a Family Law Court where people can get information about the court and its processes, and file documents for their court case
family report – a report about a family written by a family consultant. The report helps the court make a decision about the children
family violence – harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse
family violence intervention order – an order made under Victorian law to protect a family member from family violence
family violence order – an order made under Commonwealth, state or territory law to protect a person, including a child, from violence
family violence safety notice – a notice issued by the police to protect an adult from a family member who is using family violence
federal magistrate – a person who makes sure the court case follows the rules and makes the decisions in the Federal Magistrates Court
file/filing – to give documents to the court. The court stamps the documents and gives you back a copy
final hearing – the last hearing in a case where the court listens to witnesses and any other evidence
final order – the last order that the court makes to finish a court case
forensic medical examination – an examination of your body by a doctor or dentist. This may involve taking body samples like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions
G
general power of attorney – a document that allows a person to make financial or legal decisions for you while you have legal capacity
giving instructions – telling your lawyer what you would like them to do
grant of probate – court order that allows the executor of a Will to deal with and distribute the estate
guarantee – a promise given by a person to pay your debt if you do not pay it
guardian – a person appointed to make lifestyle decisions for someone who is unable to make those decisions themselves
Guardianship List – protects people aged 18 years or over who, as result of a disability, are unable to make reasonable decisions for themselves
guilty – what you say when you admit to breaking the law. Also a decision made by the court
H
hearing – the presentation of a case at court
I
independent children's lawyer – a lawyer appointed by the court to represent the best interests of the child
independent person – an adult who must be with you during police questioning when you are under 18 and your parents or guardian cannot be there
Independent Third Person – a trained person who is with you during police questioning if you are mentally impaired to help you understand each other
indictable offence – a serious offence often heard before a judge and jury
informant – a police officer or government official, such as a public transport officer, who charged you with breaking the law
infringement notice – money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an ‘on the spot’ fine)
infringement warrant – a court document that allows a sheriff to take certain actions
intensive correction order (ICO) – a sentence where you spend time each week at a community corrections centre instead of going to jail. You must do unpaid community work
interim hearing – a hearing that looks at the issues that need to be decided in the short term, such as where the children will live
interim order – an order made by a court until another order or a final order is made
intervention order – a court order to protect you from family violence or stalking
intestate – a person who dies without a valid Will is said to have died intestate
J
judge – a person who controls what happens in higher courts and deals with legal issues
judgment – a decision by a court
judicial officer – a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate
jurisdiction – the legal power of a court or the area that a court's legal power covers (such as the state of Victoria)
jury – a group of people who decide if you are guilty or not guilty based on evidence given in court
L
lawyer – a person who can advise you about the law and represent you in court
lien – a right to hold another person’s property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien over the car until the work is paid for
M
magistrate – a person who decides if you are guilty or not and what punishment you get
mental impairment – a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia
mention date – a court date when the magistrate will ask you or your lawyer about your case. The magistrate will also speak with the other lawyer (or with police, if they are involved). If your case is not sorted out, a date may be set for a hearing
N
no comment – what you say when you do not want to say anything to police
not guilty – what you say when you deny breaking the law. Also a decision made by the court
O
oath – where you swear in the name of your religious beliefs to tell the truth
offence – an offence is something the law says is wrong
P
parenting plan – a written agreement between parties setting out parenting arrangements for children
party – a person or legal entity (for example, a bank) involved in a case
perpetrator – a person who breaks the law
plea – your response in court to the charge. You can plead guilty or not guilty
police brief – a document that contains  evidence the police use to prove their case
police case – what the police say about what happened and why they charged you
police prosecutor – a police officer who presents all the 'police cases' in court
police summary – what the police say happened
precedent – a court decision that is used as an example or reason for later decisions
priors – your criminal record
privilege – a legal rule that says confidential information that you have given to or received from your lawyer cannot be used in court
prosecutor – a lawyer who appears in a criminal court case and presents evidence against the person accused of breaking the law
R
registrar – a person who works for the court and who has been given power to do different things
respondent – a party named by an applicant as the other party in a court case
revoke – to cancel something, such as a court order
S
sentence – a penalty or outcome you get when a court finds you guilty
serve – the legal delivery of a document
sheriff – a person who carries out sanctions if you do not do what it says in a court order
solicitor – a lawyer who can advise you about the law and represent you in court
stalking – when someone repeatedly contacts another person or behaves in a way that makes them feel scared, distressed or fear for their safety
statement – a written document of what you say about events
statutory declaration – a document that is signed in front of an authorised person, such as a justice of the peace
subpoena – a document that says you must appear in court or give certain documents to the court at the request of the party
summary offence – a less serious offence usually heard in the Magistrates’ Court or Children's Court
summons – a court document that tells you when you must go to court
supervised access – when a parent spends time with a child while another adult is there to make sure the child is safe
surety – a person who promises money or property if you do not meet your bail conditions
swear – when you swear on a Bible, Koran or other religious book that something is true
T
traffic offence – an offence is when you break the law when driving a motor vehicle or using the road
transcript – a record of the spoken evidence in a court case
triable summarily – when an indictable offence can be dealt with by a magistrate in the Magistrates Court instead of a judge and jury in a higher court
trial – a court case in front of a jury
trustee – a person who manages property held in trust for the benefit of another person
U
undertaking – a promise to the court to do or not to do certain things
W
warrant – a court document that says what the police or sheriff can do, such as arrest you or search your house
Will – a legal document setting out who gets part or all of a person’s estate when they die
witness – a person who gives evidence in writing or in person for a court case]]>andre@andredicioccio.com.auHumour2010-06-19T15:55:44+10:00http://www.andma.com.au/lawyer-blog/files/2fe34a164656380ea9b6202a4b348c20-4.php#unique-entry-id-4http://www.andma.com.au/lawyer-blog/files/2fe34a164656380ea9b6202a4b348c20-4.php#unique-entry-id-4A man went to a brain store to get some brain for dinner. He sees a sign remarking on the quality of professional brain offered at this particular brain store. So he asks the butcher: "How much for Engineer brain?" "3 dollars an ounce." "How much for a Builders brain?" "4 dollars an ounce." "How much for lawyer brain?" "100 dollars an ounce." "Why is lawyer brain so much more?"]]>andre@andredicioccio.com.auHumour2010-06-19T15:53:55+10:00http://www.andma.com.au/lawyer-blog/files/f25b4e335b24c82aae1ede020b6b15b7-3.php#unique-entry-id-3http://www.andma.com.au/lawyer-blog/files/f25b4e335b24c82aae1ede020b6b15b7-3.php#unique-entry-id-3A housewife, an accountant and a lawyer were asked "How much is 2+2?" The housewife replies, "Four!" The accountant says, "I think it's either 3 or 4. Let me run those figures through my spreadsheet one more time."]]>andre@andredicioccio.com.auNews2010-06-19T15:52:12+10:00http://www.andma.com.au/lawyer-blog/files/f0768909ce9445851a30ea2f1f1c6763-2.php#unique-entry-id-2http://www.andma.com.au/lawyer-blog/files/f0768909ce9445851a30ea2f1f1c6763-2.php#unique-entry-id-2A leading US animal lawyer says Australia is experiencing "phenomenal growth" around the animal law movement, and is starting to show leadership on worldwide animal law initiatives.
Joyce Tischler, who has be practising animal law for 30 years on behalf of the Animal Defence Legal Fund in the US, made the comments after being secured by Animal welfare organisation Voiceless to lead a national annual law lecture series in August.
She told Lawyers Weekly that her experiences in the US decades ago taught her that the legal system can be used to enhance the welfare of animals. And she sees similar opportunities for dedicated animal lawyers in Australia.
"It took a while to realise that we were starting a movement," she said. "One of the most gratifying aspects of our work has been to meet, or learn about, all of the passionate and committed lawyers across other countries.
Voiceless maintains that much progress has been made over the last couple of years since former president of the Australian Law Reform Commission Professor David Weisbrot labelled animal law the next great social justice movement. The annual Voiceless lecture series has increasingly grown in popularity, dedicated animal lawyers have emerged, and the first animal law textbook was published in 2009. 
Tischler credits Voiceless, which boasts prominent animal lawyer Katrina Sharman as working in-house, for much of the success of the animal law movement in Australia.]]>andre@andredicioccio.com.auNews2010-06-19T15:51:32+10:00http://www.andma.com.au/lawyer-blog/files/900e6719a3015153ee616b4323bddb47-1.php#unique-entry-id-1http://www.andma.com.au/lawyer-blog/files/900e6719a3015153ee616b4323bddb47-1.php#unique-entry-id-1Law has an increasingly important role to play in the prevention of cancer and other non-communicable (transferrable) diseases, say leading academics.
At a recent two-day conference convened by the University of Sydney Law School and L'Union International Contre le Cancer (International Union Against Cancer) academics came together to discuss how the law can improve the health of the general population.
"The overwhelming majority of people die from non-communicable diseases such as heart disease, cancer and diabetes, and a significant proportion of all these diseases are preventable," the University of Sydney's professor Roger Magnusson told Lawyers Weekly.
"If we want to improve the health, the absolute lifespan and the healthy lifespan of Australians, we need to pay attention to these diseases."
According to Magnusson, the conference was a "dry run" for an upcoming plenary session of the World Cancer Congress in which ideas relating to the role of regulation in improving health will be discussed.
"Law and regulation can prevent the preventable components of cancer by addressing risk factors that are common in the population," said Magnusson.
"The preventable risk factors are of course tobacco use, obesity, alcohol misuse, inadequate exercise and ... some environmental exposures."
But Magnusson acknowledges that this concept is really only just beginning to take hold in the international community.
"There wouldn't be a family in Australia that hasn't been touched by cancer, but yet when we talk about law and cancer everyone raises their eyebrows and says, 'What the hell are you talking about?'" he said.
"Prevention is always better than cure, but the vast majority of money in the health system goes towards treating the sick rather than preventing populations from getting sick, and that's a problem."
Magnusson believes that tighter regulation, especially in relation to taxes and advertising, can play a significant role in discouraging risky behaviour that could lead to disease.
"It's not necessary to prohibit behaviour or coerce people in order to improve health and encourage healthier patterns of behaviour in the population," he said.
"No-one is suggesting that you prohibit smoking or people having a beer or choosing whatever food they want to eat. But overall, the population is drinking too much and eating the wrong food and not getting any exercise. Their own self-control is just not doing it at the population level."
Magnusson cites the example of tobacco to demonstrate that regulation can be effective in combating disease-causing behaviour.
"We need a basket of measures [to address these issues], just as we do with tobacco. Just as some of those measures appeared unrealistic 20 years ago, they also appear unrealistic now. But norms change and the tobacco experience shows that regulation works and that regulation is actually needed," he said.
"It may be that we think commercial freedom is more important than rates of disease, and maybe taxpayers are happy to pay more and more for the rising costs of chronic disease, but if we want to reduce those rates we need to consider some new measures."

 ]]>andre@andredicioccio.com.auNews2010-06-19T15:47:48+10:00http://www.andma.com.au/lawyer-blog/files/cb2c2709710cd949b6f29f8698ca3df8-0.php#unique-entry-id-0http://www.andma.com.au/lawyer-blog/files/cb2c2709710cd949b6f29f8698ca3df8-0.php#unique-entry-id-0A former Clayton Utz lawyer has been granted leave to file an amended statement of claim in defamation proceedings against the firm.
Bridgette Styles, a graduate solicitor with Clayton Utz between August 2007 and December 2008, filed a statement of claim in September 2009 for defamation arising from two alleged publications. Her claim names 217 defendants, with all but one of those being current or former partners of the firm.
The original claim from Styles alleges that in September 2008, Luis Izzo, a solicitor with the firm, went to Joe Catanzariti, the head of the workplace relations, employment and safety practice group, with allegations that Styles was "conspiring" against a group of lawyers with regard to a sexual harassment complaint.
It is further alleged by Styles that the next day Izzo sent an email to a human resources manager - at the request of Catanzariti - that contained 16 defamatory imputations against her.
Styles claims that as the email sent by Izzo was at the direction of Catanzariti, the partnership as a whole is responsible for any defamatory consequences.
The NSW Supreme Court heard  that in her proposed amended statement of claim, Styles claims this email was then circulated to many members of the firm and the "general population" of legal practitioners of Sydney.
In one particular instance, Styles alleges the "sense and substance of the email" was republished through discussions by partners at a public bar "in the vicinity of the offices of the partnership". Styles also said the "sense and substance" of the email was republished by herself in circumstances where she was under a social and moral duty to do so in order to truthfully answer queries as to why she was not at work.
Styles claims Clayton Utz are liable for the republications.
Clayton Utz objected to the proposed amended statement of claim, arguing it was defective in a way that seriously prejudices them.
This argument was rejected by Justice Carolyn Simpson and she granted Styles leave to file an amended statement of claim.
Justice Simpson dismissed the contention by Clayton Utz that the republications were in fact an original publication, and also found the argument by the firm about the definition of "republication" or original publication" in instances where Styles relayed the contents of the email herself was "not a matter to be determined on a pleading argument, but will be determined in the light of evidence in her trial".
Clayton Utz declined to comment when contacted by Lawyers Weekly, and Rebecca Styles was unavailable for comment. Styles is now a solicitor with Johnson Winter & Slattery.
This allegation of personal misconduct that Clayton Utz is dealing with comes following a NSW Administrative Appeals Tribunal which granted leave to a former employee, Michael Mitchell, to pursue claims against former colleagues for  disability discrimination, sexual harassment and victimisation.
In April this year, the New South Wales Administrative  Decisions Tribunal ruled that Mitchell could not add the names of other current and former lawyers of Clayton Utz to the complaint, including Grant Fuzi, who left the firm to become the managing partner of  Allen & Overy's Australian offices in February.

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