The bushfires of February 2009 were a natural disaster unparalleled in the history of this state. To its great credit, the Victorian legal fraternity responded on an extraordinary scale with unparalleled speed, empathy and diligence.

PILCH has been proud to join with Victoria Legal Aid (VLA), the Law Institute of Victoria, the Federation of Community Legal Centres, the Victorian Law Foundation and the Victorian Bar to create Bushfire Legal Help (BLH). BLH has been established to provide a unified legal response to this crisis through telephone advice, volunteer lawyers staffing crisis centres, and ongoing casework.

Since the BLH helpline was established on the Wednesday following the fires, PILCH has been referred over two hundred calls from people seeking assistance. Of these calls, more than eighty matters have been referred to PILCH member firms for ongoing assistance and advocacy on a pro bono basis. Legal issues have included:

• Advice regarding a deceased estate where all members of a family perished;
• Advice regarding possible unlawful termination of employment for those affected by the bushfires;
• Engaging Counsel to advise residents excluded from their township as to their rights and the rights of Police and the local municipality during the Forensic Investigation period;
• Advising clients as to disputes arising from properties affected by the bushfires.

In addition to this, PILCH staff, Secondees, and volunteer lawyers drawn from the PILCH Homeless Persons' Legal Clinics, have staffed BLH clinics across the bushfire affected areas.

PILCH has also been working with the Victorian Bar to assist people and groups affected by the bushfires to lodge Notices of Intention to Seek Leave to Appear at the Royal Commission. Groups of barristers have assisted people wishing to appear to draft such Notices and will appear at the preliminary directions hearings on 20 April 2009, if necessary.

Of course, none of this would be possible without the extraordinary generosity and goodwill of the Victorian legal fraternity. 

PILCH would like to extend a special thanks to its member law firms and the volunteers from the Victorian Bar who have relaxed their normal pro bono guidelines, taken on additional and complicated matters, and who have generally responded with professionalism and compassion to the crisis.

PILCH believes that the 'legal fallout' from the bushfires will continue to create demand on pro bono legal services for some time to come. In these circumstances we are grateful for your continuing support.

There are currently no pro bono programs in Australia aimed specifically at lawyers approaching retirement or on career break (career break lawyers are defined as lawyers who are away from full-time legal practice for any reason, including child rearing or injury), a model which has proved successful in the US. Inspired by the American model, The National Pro Bono Resource Centre (‘the Centre’), which operates from the Faculty of Law at the University of New South Wales, commenced a  research project in October 2008 on how to engage retired and career break lawyers in doing pro bono legal work.

Whilst it is common knowledge that the Australian population is aging and baby boomers are approaching retirement, the project has undertaken substantial research on the demographics of the legal profession across Australia for both retired and career break lawyers. Data has been gathered from the law societies, bar associations, the Australian Bureau of Statistics and the Productivity Commission.

In addition to this, 30 interviews have been conducted with 40 key stakeholders including public interest law clearing houses (‘PILCHs’), community legal centres (‘CLCs’), large law firms, bar associations, law societies, the Aboriginal Legal Service, Legal Aid, law foundations and retired and career break lawyers.

After the initial consultations, roundtable discussions were held in Sydney, Melbourne and Brisbane. These meetings were based on a Discussion Paper available on the NPRBC website, www.nationalprobono.org,au which provided a background on the issues involved and ideas for possible pilot projects.

The roundtable in Melbourne was held in early March 2009 and it had several positive outcomes. It was attended by a good cross section of the legal profession, including the Law Institute of Victoria, PILCH (Victoria), the Victorian Bar Association, Legal Aid, national pro bono directors of some of the larger law firms, and a retired lawyer. Issues of practising certificates, insurance and disbursements of pro bono were discussed. Possible pilot projects were also identified, including projects to assist older people, not-for-profits and community legal centres. The training of retired lawyers and continuing professional development requirements were also discussed.

Based on the research, consultations and roundtable discussions, the Centre will compile a research report, due to be published in June 2009. The report will detail the findings of the research, and will also include recommendations on how best to coordinate and structure pilot projects for retired and career break lawyers.

The Centre wishes to thank everyone who has been involved in the project so far for their valuable contribution. If you are interested (or you know someone who is) in being part of this
research project please contact Sophie Grieve of the National Pro Bono Resource Centre on sophie@nationalprobono.org.au or 02 9385 7776.

The collapse of a multi-million dollar commercial entity, the appointment of a Court Appointed Receiver, contracts for sale and due diligence are not the usual legal topics dealt with by PilchConnect - PILCH’s specialist legal service for not-for-profit community organisations. However, the collapse of ABC Learning Centres Limited (ABC) and the legal implications of the subsequent sell-off of a group of ‘unviable’ centres (ABC2 Group Pty Ltd or ABC2) was the subject of a recent, well-attended PilchConnect seminar. Why was this matter in the public interest?

To read the full article click here

The Hon Michael Kirby visits PILCH!

Thursday 2 April 2025 was a day PILCH staff will remember for a long time. Prior to attending a pro bono function at the Victorian Bar, The Honourable Michael Kirby AC CMG visited the PILCH office. His Honour was generous with his time and spent around an hour and a half speaking to each staff member in turn. Justice Kirby congratulated the work of PILCH staff and acknowledged the role of PILCH in promoting access to justice. His Honour was gracious enough to allow PILCH staff to mark the occasion with a few happy snaps. 

Launch of Seniors Rights Legal Clinics

Tuesday 10 March 2025 saw the launch of the first of the Seniors Rights Legal Clinics (SRLC), staffed by lawyers from Holding Redlich, at Caulfield Hospital. By early May there will be four SRLC up and running across metropolitan Melbourne. Each clinic is held on a fortnightly basis with three appointments available each clinic day.

On alternate Tuesdays Deacons will staff the Doutta Galla Community Health Service in Niddrie, while Wednesdays see Hall & Wilcox working with clients at Western Region Health Care in Footscray. Lander & Rogers will soon be sharing this role with Hall & Wilcox. Beginning on Monday 4 May, Herbert Geer will be hosting the fourth clinic at the Bundoora Extended Care Centre.

To date clinic clients have presented with a range of legal issues covering areas such as Powers of Attorney, Community Treatment Orders, and housing and accommodation disputes.

Call 8636 4416 for further information

Launch of PALS@PILCH

On Thursday 14 May, PALS@PILCH, in association with Lawyers for Animals and Voiceless are hosting the seminar 'Animal Law 101 - Australian and International Perspectives'. The seminar is part of Law Week 2009 and will also mark the launch of PALS@PILCH, a pro bono animal legal service linking animal protection organisations and concerned individuals with lawyers who are willing to provide free legal services to promote better animal protection outcomes.

To register for the seminar click here  

Walk for Justice 2009

PILCH will be holding its second Walk for Justice on 15 May 2009.
Last year's Walk was great success which, at a national level, had the participation of over 1,000 people and raised over $30,000 for the PILCH organisations and their various legal assistance schemes in Victoria, New South Wales and Queensland.

This year's Walk for Justice will form part of Law Week and will be the centerpiece of National Pro Bono Day, which will promote and celebrate pro bono work done by the legal profession.

For further information and to find out how to register click here

Victorian Legal Assistance Forum (VLAF)

PILCH has taken part in the inaugural meetings of the Victorian Legal Assistance Forum. VLAF aims to improve outcomes for clients across the legal assistance sector by combining the resources of the following organisations to ensure the best possible outcomes in terms of planning, program delivery, policy and law reform:

• Bar Association of Victoria
  
• Federation of Community Legal Centres
• Law Institute of Victoria
  
• PILCH
• Victoria Legal Aid
• Victorian Aboriginal Legal Service
• Victorian Aboriginal Family Violence Prevention and Legal Service, and
  
• Victorian Law Foundation

Modelled on the Australian and New South Wales Legal Assistance Forums, VLAF aims to increase awareness of partnerships and networks, to provide a unified voice on important issues affecting the sector and to minimise duplication in law reform work.

Thank You Function for Pro Bono Barristers

On Thursday 2 April 2025 the Pro Bono Committee hosted a reception in honour of the pro bono commitment of the Victorian Bar. Alexandra Richards QC and the Hon Michael Kirby AC CMG addressed a gathering that included over 150 barristers, members of the judiciary, staff from the Victorian Bar’s Legal Assistance Scheme (VBLAS) and PILCH, and other dignitaries. Justice Kirby expressed his gratitude to members of the Victorian Bar for their selfless dedication to assisting marginalised and disadvantaged members of the community who are unable to afford or otherwise access legal assistance. His Honour was also effusive in his praise of PILCH and referred to its staff as ‘noble’, ‘inspiring’ and ‘dedicated’. VBLAS and PILCH extend its appreciation to all the barristers who accepted a pro bono referral and for their continuing support of the organisation.

Community involvement in the National Human Rights Consultation

As many people will know, the National Human Rights Consultation (the National Consultation) is currently taking place throughout Australia.  A Committee, led by Father Frank Brennan, is visiting various cities and towns throughout Australia to consult with people about the following three questions:

• Which human rights and responsibilities should be protected and promoted?
• Are human rights sufficiently protected and promoted?
• How could Australia better protect and promote human rights?

Both PILCH and the HPLC have been conducting workshops with the wider community seeking views on how best to respond to these questions.

PILCH

On 24 March 2009, PILCH, together with the Victorian Council of Social Services (VCOSS), hosted a workshop at Blake Dawson on the National Consultation.  The purpose of the workshop was to provide the community sector with information about the National Consultation, and to empower participants to take advantage of this ’once in a lifetime’ opportunity to communicate their views on how human rights should be protected in Australia.  The workshop examined the current system for the protection and promotion of human rights in Australia, and workshopped how a national Human Rights Act might better protect the rights of marginalised and disadvantaged individuals.  Copies of materials distributed at the workshop are available on the PILCH website and may be publicly distributed.

In addition, PILCH continues to prepare a submission to the Committee responsible for undertaking the Consultation.  The submission seeks to demonstrate gaps in the current protection and promotion of human rights, build a strong case for the enactment of a Human Rights Act, and examine the possible nature of such an Act.

If you are interested in assisting PILCH in its work on the National Consultation or would like further information about the Consultation process, please contact Simone Cusack at simone.cusack@pilch.org.au  

HPLC

To coincide with the National Consultation, the PILCH Homeless Persons Legal Clinic (the HPLC) has been conducting a number of workshops about human rights in Australia with people who are experiencing, or have experienced, homelessness.  The central aim of these workshops is to promote the right to participate by informing individuals about human rights and the National Consultation process so that they are better equipped to engage in the debate and write their own submissions in response to the National Consultation.  In addition, the de-identified results of the surveys conducted at these workshops will be provided to the Government and the results be used to inform the HPLC’s written submission to the National Consultation Committee.

A number of these workshops have been held over the past two weeks at homelessness organisations and service providers around Melbourne and Bendigo in Victoria.  Workshop participants have debated the three key questions that the National Consultation Committee is considering.  The resounding response from participants has been that their human rights are not sufficiently protected and the Government must take steps to better protect people’s human rights (such as the right to adequate housing, the right to social security, the right to be free from discrimination etc) by introducing a Federal Human Rights Act and by committing resources to ensure realisation of those human rights that are protected by law. 

At this stage, the HPLC has consulted with over 100 people who are experiencing, or have experienced, homelessness.  The HPLC will continue to conduct these workshops until late April 2009.

If you have any questions about the human rights workshops being conducted by the HPLC, please contact Amy Barry-Macaulay, HPLC Lawyer, on (03) 8636 4409.

 

Regulatory reform for the not-for-profit sector, Keeping Good Companies, March 2009
An article on the importance of the NFP sector and the challenges the sector faces in the current economic climant. Published in the Key Issues section
By Sue Woodward, PilchConnect Manager and Nathan MacDonald, PilchConnect Lawyer.
Read Online

Red Tape Reduction, Australian Financial Review, Thursday 19 March 2025
Opinion piece by Sue Woodward, PilchConnect Manager on the Council of Australian Governments (COAG) business regulation and competition working group to look into reducing red tape for not-for-profit organisations

Radio Bites, regional radio across Victoria, from 23 March 2025
A sound bite by Sue Woodward, PilchConnect Manager, on the COAG annoucement regarding streamlining not-for-profit regulation

National Human Rights Consultation, Law Institute Journal, March 2009
A significant focus of the National Consultation on Human Rights will be the need for a national human rights charter.
By Simone Cusack, Public Interest Lawyer  

Legal communities united contribution to the Victorian bushfire relief effort, Lawyers Weekly, 20 February 2025
PILCH's contribution to the bushfire relief effort through Bushfire Legal Help

Associations Incorporation Amendment Bill 2008 (Vic)

PilchConnect have been tracking the Associations Incorporation Amendment Bill 2008 (Vic) currently before the Victorian Parliament. To read about the bill and the potential impacts it may have on community organisations click here.

Fundraising Appeals and Consumer Acts Amendment Act 2009 (Vic)

On 10 February 2009, the Fundraising Appeals and Consumer Acts Amendment Act 2009 (Vic) became law in Victoria. To read more aboutthe changes click here

Public Interest Law Scheme

PILCH member law firm Russell Kennedy accepted a referral to assist the creators of the  Desert2Surf Initiative in setting up their not-for-profit company. The creators of the Desert2Surf Initiative wanted to found a company which would have branches in Victoria and the Northern Territory. The purpose of the company is to provide educational trips for the children of the remote Northern Territory Aboriginal township of Minyerri to the Victorian Surf Coast to introduce the children to the beach, teach them to surf, run workshops with local schools, teach leadership skills and provide adolescent education. Secondary objectives of the company included to empower the children upon return to Minyerri to set up a local Paddle Club providing important out-of-school activities and introduce the children to “big city life”.

Russell Kennedy helped the creators of the Desert2Surf Initiative set up a Company Limited By Guarantee which included registering an Australian Business Number and drafting a personalised constitution. Russell Kennedy also assisted Desert2Surf Ltd in obtaining income tax concessions and deductible gift recipient status. By receiving these concessions Desert2Surf will now be able to apply for many philanthropic grants and provide tax deductions to donors and will thus now are equipped to seek funding from a wider range of sources

Read more about the Public Interest Law Scheme  

PilchConnect

PilchConnect was recently contacted by a small, volunteer-based, not-for-profit (NFP) association which supports children and young people who suffer from a particular health condition.  The NFP gave notice to vacate its premises due to the landlord subletting a room in the same building to a business that was incompatible with NFP’s work and client base. While the NFP was looking for a new location their current landlord locked them out of the building, refusing access to their equipment, computers, client files and other property. Despite the NFP’s attempts to negotiate with the landlord, the landlord continued to refuse access. As the NFP was unable to continue to operate, they sought help through PilchConnect - PILCH’s specialist legal service for not-for-profit organisations. Mallesons kindly agreed to accept referral of this matter on a pro bono basis and is helping the organisation to negotiate access to their property. 

Read more about PilchConnect

LIVLAS: Making a Difference

Breach of fiduciary duty
Ms D, an elderly pensioner, lived and owned a small house in the country. Without warning her brother, Mr P, who is also an elderly person, arrived on her doorstep one night seeking a place to stay. She had not spoken with him for about six years. He is not well, has nowhere else to go and says he has a short life expectancy. Ms D took him into her house and looked after him. A short time later he gave her power of attorney over his affairs. Then later he started to renovate different parts of her house. After approximately eight months the relationship between Ms D and Mr P broke down and Mr P moved out. Sometime later Mr P commenced legal proceedings and alleged Ms D told him that if he financed the renovations to Ms D’s property, she will give him a 50% share in her property.  He alleged that over a period of approximately six months Ms D withdrew money from his bank account for the purpose of funding the renovations.  Mr P also alleged Ms D refused to return some of Mr P’s personal effects and they are in her possession, custody or control.  Ms D denied all these allegations. The parties litigated this case to the court door. The matter settled with orders that the proceedings be struck out and no order for costs.  Thank you to Mr Matthew Mahady of Nicholas W. J. Rolfe & Associates who represented Ms D on a pro bono basis.

Bushfire relief
Ms M lost all her property and her horse perished in the Kinglake bushfire.  She was subsequently extremely distressed to see a photo of the burned carcass of her horse, taken without her consent, in a magazine.  Ms M sought an apology, an undertaking that the publisher would refrain from re-publishing the image and a donation to a registered bushfire charity.  Thank you to April Arslan of Francis Abourizk Lightowlers Lawyers who obtained an undertaking from the publisher, who had already made a significant donation to the Victorian bushfire appeal, not to re-publish the offending image. 

Migration
Ms T arrived in Australia from Lebanon in early 2007.  Shortly after, she met her husband, an Australian citizen also of Lebanese background.  A few months later they returned to Lebanon and married.  Shortly after, Ms T was subjected to continuing family violence by her husband, culminating in a miscarriage.  In an attempt to control her, Ms T’s husband refused to allow her to drive or to attend English lessons and isolated her from her family and friends.  Ms T eventually fled from her husband with no money and no ability to work as she was in Australia on a temporary class 309 visa.  Shortly after, she received a letter from the Department of Immigration requesting an explanation as to why she separated from her husband.  Thank you to Noosheen Mogadam, Ryan Curtis Griffiths and Nathan MacDonald from Maddocks who assisted Ms T in obtaining a permanent residence visa to remain in Australia after the Department of Immigration found her to be a victim of domestic violence pursuant to provisions in the Migration Regulations 1994.

Read more about LIVLAS

Victorian Bar Legal Assistance Scheme (VBLAS)

VBLAS received a request for pro bono legal advice and representation from P, an involuntary patient subject to a Community Treatment Order (CTO). In this case, a number of significant issues arose in relation to the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter).

Facts

At the time of the hearing, P was subject to a CTO under which he involuntarily received weekly injections of a prescribed drug. As a direct side effect of the injections, P had developed severe osteoporosis.  

P appealed to the Board for review of the extension of his CTO. Amongst other issues, P argued that the administration of the prescribed drug was a limitation on his human rights and constituted a breach of the Charter.

Decision

Is the Board a ‘public authority’ and / or a ‘court or tribunal’ for the purposes of the Charter?
The Board reaffirmed its previous decision in 09-003 [2008] VMHRB 1 (8 July 2024) that it is not a public authority. It distinguished itself from the Medical Practitioners Board which was found to exercise administrative functions in Sabet v Medical Practitioners Board of Victoria [2008] VSC 346.

Are the authorised psychiatrist and the mental health services public authorities under the Charter?
The Board found that the authorised psychiatrist and, by implication, staff employed at the Service, were public authorities for the purpose of the Charter.  They were therefore bound by s 38 of the Charter to act and make decisions compatibly with the Charter rights of involuntary patients. 

What is the meaning and application of ‘cruel, inhuman or degrading treatment’ in s 10(b) of the Charter?
The Board held that s 10(c) of the Charter, which provides that a person must not be subjected to medical treatment without their consent, does not limit the protection against cruel, inhuman or degrading treatment found in s 10(b). 

The Board accepted that, as a general principle, measures which are therapeutic necessities will not be regarded as cruel, inhuman or degrading. Notwithstanding, it held that even a therapeutic intervention can potentially constitute cruel, inhuman or degrading treatment where the side effects of the treatment reach a ‘minimum level of severity’. 

In P’s case, the Board held that the balance between therapeutic benefits of the treatment on the one hand, and the serious side-effects on the other hand was a delicate one, but that the treatment had not yet reached the level of severity which would put it in breach of s 10(b). The Board noted that as soon as the balance tilts such that the side-effects start to outweigh the therapeutic benefits, then the treating team must act to prevent the treatment from attaining the minimum level of severity which engages the prohibition.

What is the impact of the Charter on the Board’s interpretation of the Act?
On the question of interpretation in accordance with s 32 of the Charter, the Board considered itself bound by the comments of Nettle JA in RJE V Secretary to the Department of Justice [2008] VSCA 265 and stated that this meant that, absent of any ambiguity or prima-facie incompatibility between the legislation in question and a protected human right, ordinary principles of statutory interpretation should be applied. 

The Board accepted P’s argument that the terms ‘treatment’ and ‘treatment plan’ in s 8 and s 19 of the Act meant ‘treatment that was not cruel, inhuman or degrading’. The Board found that essentially the term ‘treatment’ had always been interpreted in this way by the Board and was therefore consistent with the Charter on ordinary principles of construction. The treatment plan, on the other hand, did not adequately detail how future side-effects would be monitored, and the Board ordered that it be reviewed.

Simon Moglia of Counsel assisted P on a pro bono basis.

Read more about VBLAS

Homeless Persons' Legal Clinic (HPLC) 

For case summaries and good news stories from the HPLC, read the most recent edition of Street Rights