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Tulkinghorn Articles from 2007
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006
Tulkinghorn    December 19, 2007  
Lawyers as pirates

Overcharging is the most common form of lawyer fraud … yet the system protects the racket. To actually get into jail a lawyer has to be caught faking a costs agreement – like Leon Nikolaidis ... more

Tulkinghorn    November 26, 2007  
It's entirely a matter for you

NSW missed an important opportunity to implement a “sophisticated mechanism” that would have allowed the blame for poor sentencing decisions to shift from judges to jurors. Also, the plan might have encouraged a few more badly needed Peter Cook-style judicial summings-up ... more

Tulkinghorn    November 5, 2007  
Professional privilege - the handmaiden of "paltering"

What is the most convincing rationale for “legal professional privilege”? It’s difficult to locate, and the Australian Law Reform Commission hasn’t helped. It’s somewhere between the needle in a haystack and the elephant in the room ... more

Tulkinghorn    October 22, 2007  
Running out of oysters

Smiler Gleeson’s speech about the “blot” on the common law system amounted to a ton of sympathy, but not an ounce of practical help. In truth, judges quite like litigation to be expensive, as long as they don’t run out of oysters ... more

Tulkinghorn    October 2, 2007  
Guilty first ... trial later

Thankfully the “sentence indication” proposals from Victoria will generate lots of extra legal work. Yet, there are pitfalls aplenty and more than a touch of the Alice in Wonderlands in the sentencing council report ... more

Tulkinghorn    September 20, 2007  
Fruit on the sideboard

Sometimes the dragon in the Oriental rug can only be seen after staring at it for some time. It’s the same with the vast maze of the justice system. Take lawyers’ “fruits of the action” liens, for instance. Do they amount to blackmail, racketeering or lawyering? ... more

Tulkinghorn    September 4, 2007  
The shiftiness of costs shifting

There is plenty of judicial hand-wringing about costs shifting and hectares of rules to try and manage this burgeoning industry. It’s all got out of hand since the Statute of Gloucester was misconstrued and once again it’s Tulkinghorn who has the solution – carrots for lawyers, not sticks ... more

Tulkinghorn    August 20, 2007  
NSW DPP claims privilege on Jeff Shaw report

The Police Integrity Commission report on Jeff Shaw’s disappearing blood sample was a model of clarity. The DPP’s report and reasons not to prosecute are a model of invisibility. No reasons, no accountability ... more

Tulkinghorn    August 6, 2007  
A matter of class

The judicial tide has turned against “free riders” who don’t sign-up and pay fees to class action lawyers. The legislative tide may also be turning against them. The man waving the baton is class action guru, law reformer and litigator, Dr P. Cashman – a man in the right place at the right time ... more

Tulkinghorn    July 23, 2007  
Gummiparagraphen

Fabulous Phil Ruddock is talking about tightening the rubber paragraphs of the bail law in terror cases. To keep presumed innocents like Dr Haneef locked-up the AG might have to devise a much stricter “exceptionally exceptional” exception ... more

Tulkinghorn    July 10, 2007  
Ambidexterity

Heaven forbid that the earnings of large law firms should ever be imperilled by the ambidexterity principle. Lawyers must be able to act like investment banks. As the Citibank case showed, Chinese walls and client consent are the way to go. Otherwise, big law firms will never properly be able to grow bigger ... more

Tulkinghorn    June 26, 2007  
The Establishment v The Upstarts

New LCA “ethical” rules governing lawyer contact with the media are designed to stop hungry lawyers stealing clients from fat lawyers. In understanding ethical rules all the official explanations have to be discounted, until you get to the one that says “money” ... more

Tulkinghorn    June 14, 2007  
Honest judges running a corrupt system

A recent poll in the UK found that 39 percent of respondents thought the judiciary and the legal system to be “corrupt”. Tulkinghorn gets to grips with the issue ... more

Tulkinghorn    May 28, 2007  
Into the briar patch, again

Bright new “consumer protection” and “fee disclosure” provisions as part of the national model laws for the legal profession ensure that, once more, Christmas has come early for lawyers ... more

Tulkinghorn    May 11, 2007  
The profession's free ride on AustLII

AustLII has hit a $400,000 brick wall as the government slashes funding to the online information provider. It’s a radical thought, but maybe the lawyers might have to pitch-in ... more

Tulkinghorn    May 1, 2007  
Whadda you mean, da costs are too high?

In true Mafia style the NSW and Queensland lawyers got the old taxing officers bumped-off and the work given to members of the “family”. In Victoria, the traditional system survives. Why is this so? ... more

Tulkinghorn    April 13, 2007  
Proved innocent

A not-guilty verdict doesn’t necessarily mean “innocent”. Tulkinghorn suggests a new set of verdicts: definitely guilty, definitely innocent and “somewhere-in-between”. However, change is unlikely because there’s a good living to be had selling “innocence” to the guilty ... more

Tulkinghorn    March 30, 2007  
Litigational racketeering

Spiggsy Spigelman banged on about the high cost of litigation in his Law Convention speech. The trouble is he ducked the main problem. It’s lawyers who run the litigation show, not the judges. Tulkinghorn examines how the racket started and then got out of hand ... more

Tulkinghorn    March 16, 2007  
Nicholas Cowdery's office: Do Not Disturb

NSW DPP Nicholas Cowdery can bash-up politicians, as long as they don’t get stuck into him. He even says the Bar Association stinks, but he’s “proud” to be a member. More about the least accountable DPP in the country ... more

Tulkinghorn    March 2, 2007  
Hicks: a failure of judicial will

Habeas corpus can always be manipulated. The people most responsible for David Hicks being held for so long without trial are lawyers and judges. As for protesting about this grotesquery, why haven’t lawyers downed tools and gone on strike? ... more

Tulkinghorn    February 19, 2007  
The standard of proof v The standard of truth

The verdict in Carol Stingel’s civil rape case against “Gentle” Geoff Clark would have involved a high standard of truth. Indeed, “beyond reasonable doubt” for crime does not make criminal verdicts more truthful than civil ones ... more

Tulkinghorn    February 1, 2007  
The politics of prosecuting

What does DPP stand for? Maybe it’s Drop Prosecutions Prodigiously. Next political question: will Sgt Hurley get a Townsville or a Brisbane trial? ... more