Christopoulos, Andrew --- "President's page: The road ahead" [2019] PrecedentAULA 40; (2019) 153 Precedent 3

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THE ROAD AHEAD ...

By Andrew Christopoulos

May you live in interesting times – the apocryphal saying resonates with lawyers whenever there is discussion about the common law.

Over the last 12 months, I have engaged colleagues and peers around the country in discussion on the topic. Unsurprisingly our priorities as a profession affirm our common understanding of the importance of preserving the common law rights of those whom we aim to serve and protect.

I will be resolute in this pursuit.

Now before there is overwhelming applause, my comments are not a call to action nor a plea for crowdfunding to dismantle statutory schemes across the country. Australia is unusual among common law countries in not having a bill or charter of rights. While the courts are vested with power to protect our rights, legislation can specifically override this power.

This is where any discussion gets interesting ... what is the correct balance and whose rights and interests should we serve?

As advocates defending the common law, we spend an inordinate amount of time contemplating that very question. Many of us endorse a utilitarian approach to this balance in the interests of preserving common law rights. Others view this as an invitation to erode our common law practice.

As lawyers, our role in serving the community is a privilege. If the nobility of that proposition is the correct starting point, we must address these considerations as a profession. Our judgement should not be clouded as we seek to resolve the tension between practice need and legal principles.

We can all be involved in the processes that determine outcomes. Indeed, the contribution we have all made as members empowers the ALA with a respected voice and standing. On the journey ahead, the key to survival comes down to two propositions, adaptation and collaboration.

There, answers can be found.

Access to justice is a fundamental tenet of the rule of law. All Australians have a fundamental right to have access to legal services regardless of their means. Our legal system runs the risk of becoming meaningless if there are barriers that prevent people from accessing or enforcing their rights. This applies to us all and perhaps more so for first Australians. The treatment of Australia’s first nation peoples reveals a sad record. With each acknowledgement of country, I take the opportunity to personalise that message with stories of the treatment of local first nation peoples. To our collective shame, each story follows the same regrettable theme.

Apologies, while appropriate and genuine, are not enough. The need for reconciliation is overdue.

Meaningful action is being undertaken. Through the commitment of the national board and the tireless efforts of the ALA staff, we are in the final stages of negotiation with Reconciliation Australia for endorsement of our Reconciliation Action Plan (RAP). I look forward to the publication of our RAP during my term as president.

It is a very special time for the ALA and our members. A 25-year milestone has been reached. Appropriately it is time to take stock of the important work that has been done and where our journey has taken us. Those who have served before me have made incredibly valuable contributions to what government, professional associations, peers, and the broader community recognise as the standing and integrity of the ALA. Those contributions have given the ALA a unique voice, which is well regarded. The opportunity to build upon this should not be lost and I encourage all our members to inspire our younger colleagues and peers to membership and succession.

If I am able to achieve anything in the next 12 months as your national president, it will be because I have been able to build upon the significant contribution of my predecessors. In acknowledging their contribution I would particularly like to thank Noor Blumer for her counsel and wisdom. Her poise and contribution in the role of national president for the last 12 months have been inspiring.

There is much work to do. I look forward to meeting you all at conferences, presentations, and seminars over the next 12 months.

Andrew Christopoulos is an accredited personal injury law specialist and Principal of AC Lawyers: Sydney, NSW South Coast and the ACT. PHONE [phone] EMAIL [e-mail].