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Blumer, Noor --- "President s Page: get involved!" [2019] PrecedentAULA 16; (2019) 151 Precedent 3


GET INVOLVED

By Noor Blumer

The depth of knowledge and experience required to assess damages is the peculiar speciality of many of our members. Taking into account the endless range of circumstances and the law, and gathering the necessary evidence to ground it, is much of what we do as plaintiff lawyers. From that first time a potential client talks to a plaintiff lawyer the question, whether spoken or unspoken is, ‘What is my claim worth?’

Some actually ask the question; for others it remains the elephant in the room.

Giving anything other than a vague and/or highly qualified answer is a dangerous move. That figure, if given, will remain forever etched in the client’s mind.

Some will shop around for the lawyer who gives them the highest expectation; a moral hazard for the lawyer who wins that particular beauty contest. A bit like choosing the real estate agent who tells you that your house is worth the most, notwithstanding its actual value.

An understanding of the value of a particular case cannot be properly formed without gathering the necessary evidence and information and arriving at a point where the plaintiff’s likely future can be ascertained.

Thanks to the many eminent contributors to this edition of Precedent who have shared with us their expert knowledge. I would also like to congratulate Renee Harris, who in her 15 years with the ALA has produced 90 editions of Precedent – quite an achievement.

ALA 25TH ANNIVERSARY

In April 1994, the Australian Plaintiff Lawyers Association (APLA) was incorporated, marking the official beginning of our organisation. Two years beforehand, an informal organisation had already started to grow thanks to a group of forward-thinking plaintiff lawyers who could see the value in sharing expertise and learning from each other. This year the ALA marks its 25th anniversary, and plans are afoot to celebrate our achievements, recall some fun memories and think strategically about what the next 25 years might hold. Look out for opportunities to contribute and help us to acknowledge this milestone.

QUEENSLAND HUMAN RIGHTS ACT

Finally, after years of work by many individuals and organisations, Queensland has a Human Rights Act. This is great news for all Queenslanders and hopefully another promising step towards a national charter of rights. I would like to acknowledge the commitment and hard work of our Queensland members who campaigned for this important piece of legislation.

Of course a national rights charter would empower everyone in Australia and help us to protect the freedoms and liberties that we expect in our country. Again, I encourage all ALA members to sign up to the campaign for a national charter of rights: https://charterofrights.org.au/.

SPECIAL INTEREST GROUPS

The ALA’s special interest groups (SIGs) are flourishing, with many dedicated members meeting regularly to develop policy ideas and plans for their specific areas of interest. The newly established Medical Law Special Interest Group has already been active, expressing support for the position adopted by the Australian Medical Association (AMA) and the Royal Australian College of Physicians (RACP) in calling on governments in NSW, Victoria and Tasmania to establish pill-testing trials in consultation with medical experts.

Our Superannuation and Insurance Special Interest Group continues to be active and in the last few months has made comprehensive submissions in response to the issues raised by the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. The ALA’s spokesperson for this area, Josh Mennen, has done a fantastic job representing us in the media discussing these important concerns.

FEDERAL ELECTION

By the time you receive this edition we will be in the midst of a federal election campaign. The ALA will have started surveying the major political parties and key independent candidates regarding their views and intentions in relation to the following key issues: the NDIS; Comcare; insurance and mental illness; outcomes from the banking Royal Commission; human rights protections; workplace health and safety; the National Redress Scheme for survivors of child sexual abuse; access to justice; class actions proceedings; and funding for community legal centres.

We will keep you informed of their responses so you can make educated voting decisions. Thanks as always to our active members who ensure that, 25 years after its inception, the ALA continues to be a productive and valuable influence in the effort to make Australia a better and fairer country.

Noor Blumer is a Director at Blumers Personal Injury Lawyers, ACT. PHONE (02) 6208 2600 EMAIL noor@blumers.com.au.


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