StackS timeSStackS WiN OVeR maccaS equalSBiG mac eVeRY DaY FOR 200+ YeaRSStacks has just won an extraordinary victory over global fast food giant mcDonald’s with a settlement the equivalent of a Big mac every day for the next 200+ years.

It started in 2009 when an English tourist stopped for coffee at Maccas at Manly Wharf. As he sat down the restaurant’s faulty metal chair disintegrated beneath him. He hit the concrete hard, injuring his back and left shoulder.

He returned to the UK but was unable to resume his trade as a bricklayer because of the pain from the injury.

He made claims for compensation against McDonald’s, but for two years their insurance company delayed, offering him only small token amounts.

This was a man who could no longer work in his profession because he had the misfortune to sit on a faulty chair that was bound to collapse.

He was in constant pain and no longer had the income from his trade.

He contacted Tom Goudkamp OAM in the Martin Place office and asked for help.

While Mr Goudkamp was in London on other matters he visited the Bournemouth bricklayer and took his statement, along with that of a witness who was with him at the McDonald’s Manly Wharf restaurant.

“When the insurance company still refused to be reasonable, I sued McDonald’s in the District Court in Sydney on my client’s behalf and obtained court orders for the case to be heard in London,” Mr Goudkamp said.

But just days before the case was to be heard in London in November 2012, McDonald’s finally made a reasonable offer and the case was settled.

THE EDITION - summer 2013

While dollar amounts of the settlement can’t be revealed, it can be said that the injured bricklayer won enough to have a Big Mac every day for more than 200 years.

The only person disappointed with the settlement was the Sydney judge who had already packed his bags to fly to London.

The skilled team headed by Tom Goudkamp recently had another major win with an overseas client.

A German family holidaying in Australia had a tragic car accident near Cooma in 2002. The father was killed and the four year old daughter had a life threatening brain injury.

After a long spell in Canberra Hospital the girl and her family returned to Germany.

In 2003 the family asked Mr Goudkamp for help. While he was in Europe he met her family, doctors and carers and began her claim for compensation.

Over the next nine years while the girl was undergoing rehabilitation and special schooling, he continued to gather medical and rehabilitation reports. He made regular visits to see the family and obtain updates on her condition.

Finally in 2012 Tom Goudkamp went to Hannover with senior counsel for a court ordered mediation with the insurer and the insurer’s lawyers.

“After three days of negotiations the case was settled for many millions of dollars,” he said.

“It’s a huge thrill to be able to help these families by winning them significant compensation to assist in their medical rehabilitation,” Mr Goudkamp said.

“These people came to Australia to enjoy our country and it is tragic they were injured through no fault of their own while they were here.”

“You get very close to the families over the years these cases take and it is tremendous to know the compensation you’ve won for them

will go some way to helping them as they try to rebuild their lives.”

Now Mr Goudkamp and the Stacks team including Ruth Hudson are fighting to get compensation for an Indian accounting student who lost his eyesight in a car accident while he was in Sydney.

The team travelled on rough roads several hours from Delhi to reach the family’s home to take statements.

“It was good to see the family all pulling together to help him, but he was the hope of the family and his professional degree was going to be the future for the family’s income,” Ms Hudson said.

The Stacks legal team is trying to obtain financial compensation for their client through the Compulsory Third Party insurance scheme.

“It will help him and his family with medical expenses and adapting his life to cope with his disability,” Ms Hudson said.

www.stacklaw.com.auMORE THAN 20 LOCATIONS THROUGHOUT NSW, QLD & ACT

keith Rewell Sc, Ruth Hudson, tom Goudkamp & client mohit Vashight in india.

StackS NeWS / 2

StackS WiN OVeR keDDieS tO HaVe laStiNG impactthe victory by Stacks in the court of appeal over the now defunct Keddies law firm is likely to have a long lasting impact on the way law is practiced.As The Australian newspaper reported, it was a powerful decision in favour of Stacks and the judge’s scathing comments attacking Keddies “should become prescribed reading for any litigation lawyer”.

“The lesson is, do not commence litigation that has no real prospect of success on the off-chance the defendant will settle,” wrote barrister Josephine Kelly in an article for the legal affairs section of The Australian.

For four and a half years Keddies persisted with a claim of negligence against Stacks that in his judgement District Court Judge Andrew Colefax criticised as “hopeless” and demonstrated the “disturbing” way Keddies had conducted the matter.

In 2011 Judge Colefax found Keddies claim never had a reasonable prospect of success against Stacks and was in breach of the Legal Profession Act.

kettle’s on the boil in Bowral

Keddies began a suit against Stacks on behalf of their client Andrew Marshall, whose 17 year old son Matthew was tragically killed in a car accident in 2001. Stacks had represented Mr Marshall in his original claim for damages for nervous shock against Allianz, the insurer of the driver. That claim was settled in 2002.

Stacks had advised Mr Marshall against accepting settlement which was for a small amount, but Mr Marshall insisted. Mr Marshall later went to Keddies and in 2007 Keddies claimed Stacks had acted negligently in carrying out Mr Marshall’s instructions to settle the Allianz claim.

Keddies claimed that when Mr Marshall did not accept the advice of Stacks, the law firm should have insisted Mr Marshall consult a psychiatrist and seek a second legal opinion.

However Judge Colefax found Keddies had deliberately withheld from Mr Marshall a warning from their own senior counsel that the case should be abandoned and that this was “an unacceptable departure from proper practice”.

He found Keddies had breached the Legal Profession Act by taking the matter to trial in 2009 without informing Mr Marshall of the barrister’s advice, failing to provide an appropriate expert’s report and failing to advise Mr Mashall of the absence of any legal authority to support his claim.

Judge Colefax concluded there were “many disturbing departures by Keddies during the

course of their retainer from what I regard as acceptable and proper conduct as a solicitor”.

Despite Judge Colefax’s strong condemnation of Keddies in his judgement, Keddies appealed, unsuccessfully.

In August 2012 Justice Beazley of the Court of Appeal upheld Judge Colefax’s ruling and criticised Keddies’ solicitors for paying “inadequate” attention to the professional negligence proceedings and for ignoring advice from their own barrister.

Going further than Judge Colefax, the Court of Appeal found the costs that Stacks had incurred in defending the matter were as a result of “the

it’s been a long round trip for John kettle who grew up in Bowral.

maurie Stack Oamchairman, Stacks/the law Firm

serious neglect or serious incompetence” of Keddies.

Stacks chairman Maurie Stack OAM, a former president of the Law Society, said the irony of the case is that it started out as an attack by Keddies on the professional competence of Stacks.

“It ended not only with a complete exoneration of Stacks but with findings by the highest court in NSW of serious neglect or serious incompetence on the part of Keddies in ever making that attack - and with an order that their partners personally pay not only the costs of the original claim against Stacks, but also the costs of the claim against them for costs and the costs of the appeal.”

Mr Stack estimated those costs total more than $300,000.

“In 2002 the Carr Government introduced legislation making solicitors personally liable for pursuing cases without reasonable prospects of success. The government legislated that doing so could amount to professional misconduct.”

“This decision of the Court of Appeal provided a salutary lesson that the legislation has teeth - big teeth as Keddies found,” Mr Stack said.

Melbourne based law firm Slater & Gordon has since bought Keddies law firm for $32 million.

WORkcOVeR SOlicitORS

leading Stacks lawyers have been appointed to key new posts helping people with Workcover claims.As Approved Legal Service Providers for WorkCover’s new Independent Legal Assistance and Review Service they will provide free legal advice to injured workers who have had their claims rejected or challenged by insurers.

They were appointed to the new posts because of their extensive experience and good reputations in providing legal help for people injured at work and their expertise in workers compensation law.

Maurie Stack, chairman of Stacks/The Law Firm, said the appointment of so many Stacks lawyers to the post was recognition of the firm’s excellent reputation.

“You have to have a high level of expertise and a good reputation to be approved for these new positions and we are very pleased to be able to provide this service,” Mr Stack said.

StackS WORkcOVeR pROViDeRS:

BalliNaNathan Luke

FORSteRDigby Dunn

GOulBuRNMark Howard

NeWcaStleClancy Allen

Jill Borrie

pORt macquaRieJason Smith

Jodie Thurgood

SYDNeYAnna Tavianatos

Ian ChipchaseJosh Dale

Kasarne RobinsonMichael Shasha

taReeDi Branch

Erin WoodwardGrant AveryJustin Stack

tWeeD HeaDSKel Connelly

John kettle, principal lawyer at Stacks in Bowral

John gained enormous experience in commercial law in Sydney and London before returning to the join the Southern Highlands office of Stacks/The Law Firm in Bowral as Principal Lawyer.

John joined Stacks after working with some of the largest law firms in Sydney specialising in major property and commercial transactions as well as running his own legal practice in Lane Cove where he was also involved with the local Chamber of Commerce.

Like his Bowral colleague Clayton Davis, John Kettle has worked at the top end of the law in London, including with the Treasury Solicitors where he worked on major litigation and government inquiries.

One of the more interesting inquiries he worked on while in London was the infamous ‘Bloody Sunday Massacre’ which took place in Derry, Northern Ireland, in 1972 when British soldiers shot 26 unarmed protestors, killing 14 men.

“It was a fascinating case and a great one for me to be part of as a young lawyer,” he said.John loves to work with the local community, providing the benefit of his experience in pro bono work and free talks on legal issues with small businesses.

He is the father of two young children and loves travelling with his family. As if that wasn’t enough, he regularly competes in half marathons.

StackS NeWS / 3

www.stacklaw.com.au

law On the Rocks

cONGRatulatiONS cali BalDWiN

For Kasarne Robinson, director of Stacks/Goudkamp, being appointed manager in the Newcastle office is a happy homecoming.

Born, raised and educated in Newcastle, Kasarne now returns to the Hunter on a regular basis, splitting her time between Sydney and Newcastle.

Kasarne began her legal career in Newcastle as a law clerk in 1996. She commenced working for Stacks/Goudkamp in the Newcastle office in 2000, before moving to the Sydney office in 2003.

A year later she was off to London where she worked as a legal executive for two years learning the English legal system and enjoying the London lifestyle and travel.

In 2004 Kasarne was admitted as a solicitor in Australia and rose to senior associate and director with Stacks/Goudkamp where she is an important member of the legal team.

Kasarne is very active in the NSW branch of the Australian Lawyers Alliance, holding the office of Secretary. She also arranges the CLE conferences for the Alliance and is heavily involved in lobbying. Kasarne is a Law

kasarne Robinson, Director

A happy homecoming!

Society Accredited Specialist. She writes for the Personal Injury Law Manual NSW and has authored many legal papers.

Kasarne recently joined the Hunter Business Chamber and Hunter Women’s Business Network. “It’s great to be back in Newcastle,” Kasarne said. “My family are here and there is a real buzz in the Hunter. It’s a place on the move and I’m thrilled to be part of it.”

Growing up in France has turned out to be a big advantage for Cali Baldwin as she develops her promising legal career.

Admitted as a solicitor in Australia in 2012, Cali handles claims for people involved in vehicle accidents, medical negligence, workers compensation and liability matters. She’s also won a number of cases for former police officers who suffered both physical and psychological injuries.

But her fights for justice go way beyond the laws of compensation. She’s also active in campaigning for human rights in international law and european law.

Cali moved from Australia to France at the age of five and spent the next 20 years in Europe. She completed a law degree in France followed by a Masters in European Law, coming first at her university. She worked for the legal department of the European Police Office – known as Europol – in The Hague and the European Court of Justice. She speaks French, Spanish, a bit of German and is learning Italian.

She moved back to Australia and joined Stacks/Goudkamp in 2009 as a law clerk while she finished her law degree to allow her to practice in Australia.

As if that doesn’t keep her busy enough, Cali also plays the piano, has a pilot’s licence and is part of a group that preserves public land in her local area as part of Land Care. She also has a growing vegie garden, something that helps feed her young family.

She is a member of the Law Society of NSW, Women’s Lawyers Association of NSW and Australian Lawyers Alliance.

More than 50 lawyers and conveyancers from around the State gathered in The Rocks in October for the annual Stacks conference to discuss current trends affecting the legal industry.

Several guest speakers joined on the day, including Steve Mark, the NSW Legal Services Commissioner, and Tahlia Gordon, the Research and Projects Manager at the Office of the Legal Services Commissioner, who led a thought-provoking discussion on ethics and trends in

client complaints and posed some challenging hypothetical questions for the assembled legal eagles.

LawCover Legal Risk Manager Malcolm Heath and claims solicitor Emma Griffith also joined

to provide insights on current issues relating to professional indemnity insurance and claims.

Chief executive, Ben Stack, then led a discussion on trends in technology and the changing regulatory and competitive environment in which

law firms now find themselves. He outlined the many initiatives underway across the Stacks group aimed to ensure that Stacks lawyers will continue to lead the market in providing expert, friendly and cost-effective legal services.

Afterwards the Stacks teams enjoyed the opportunity to catch-up with their colleagues from around the State with a harbour-side lunch and spectacular views of the Opera House – a perfect spot for the obligatory group photograph!

cali Baldwin with her godmother, former Justice of the High court the Honourable mary

Gaudron qc, at her admission.

StackS NeWS / 4

CONNeCT WITH us

Printed using environmentally friendly papers and inks

Hatches, matches & DespatchescONGRatulatiONS!

In Taree Josh Crowther welcomed baby Zara, ◊ Lisa Hollis became proud mum to little Toby

& steph Bisset celebrated the arrival of baby Boyce. (And mel robins is expecting...there’s something in the water in Taree!)

Office Managers Amanda Sundin (Port Macquarie) and Linda ◊mcCarthy (Blue mountains) have both successfully completed Diplomas

in Conveyancing Law and Practice - well done!

samantha De Freitas & suzan Wilkinson from stacks/Goudkamp have ◊both been accepted into law at southern Cross university.

Lauren Drake from stacks/Goudkamp received all high distinctions & ◊distinctions in her law exams last year - watch this young lady!

mileStONeS! erin Woodward was appointed an Associate in Nov 2012 in Taree.•

Also in Taree Cathy Pares was appointed Special Counsel in Nov 2012.•

Cali Baldwin of stacks/Goudkamp in sydney was admitted as a • lawyer on 24 August 2012.

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STACKS/GOUDKAMPSPONSORS BEARS IN 2013

Charity workcontinues in

Tweed HeadsStacks in Tweed Heads/Murwillumbah have continued their annual charity work over Christmas donating goods to two local families in need through the Salvation Army’s ‘Adopt-A-Family for Christmas’.

One family consisted of a grandmother and 15 year old girl. The other family was a single father with a 15 year old son.

Items donated included fishing rod and tackle, beauty products, a watch, beach towels, household products and Christmas decorations.

This is an ongoing annual charity event for the Tweed Heads/Murwillumbah offices.

taRee SpONSORS FeStiVal

cONGRatulatiONS

Stacks/Goudkamp is proud that the firm will continue its sponsorship of the NSW women’s wheelchair basketball team the Stacks Goudkamp Bears in 2013.

The Bears had a fantastic season last year, coming second to the Dandenong Rangers.

But even more significantly, the firm was tremendously proud of the members of the Bears who were chosen to be part of the Australian national team in the 2012 London Paralympic Games.

Tom Goudkamp and Ivan Dzajkovski congratulated Kylie Gauci and Tina McKenzie of the Bears who won their second silver medals at the London Paralympics.

ivan Dzajkovski & tom Goudkamp congratulating paralympic silver medal winners tina mckenzie & kylie Gauci

Both won silver in the 2004 Paralympics and bronze in 2008.

Tom and Ivan were thrilled they were allowed to hold the medals for a few precious moments.

“Sponsoring the Bears and getting to know the women in the team has been a tremendous experience for everyone in the law firm,” Ivan said.

“Many of us have tried playing basketball in the wheelchairs with the team members and it has taught us a lot – not the least how hard it is both physically and mentally.

“These women are tremendous athletes. We wish them all the best for the 2013 season and we will be there to cheer them on.

Stacks in Taree loves a good song and fun family time – which is why the law practice sponsors both the Taree and District Eisteddfod and Manning River Summer Festival.

The Taree firm is a proud major sponsor of the Festival which is the regional highlight attracting thousands of people from around the country to everything from fishing competitions, sky diving, open air movies and talent quests.

Tim Stack OAM is president of the Taree and District Eisteddfod Society which has been running since 1966.

It’s one of the biggest in Australia with 2,000 performers and offers scholarships to help talented young people pursue their dreams.

Law firms normally have a high turnover of staff but Stacks has always had an excellent record of keeping good people on board!

We congratulate and thank the people who will pass the anniversaries of serving 10, 20, 30 and 40 years with Stacks/The Law Firm and hope they will be with us for many years to come.

A few are approaching four decades with the firm. Taree director and senior lawyer Richard Johnson started as a law clerk in the Taree office in February 1974. He came straight from high school in nearby Wingham where the firm was founded in 1931 by Edward Raymond Stack.

Richard’s father was tragically killed in a bulldozing accident in his last year at school, and he wanted to stay in the area to help his widowed mother. Today he specialises in helping victims of motor vehicle accidents.

“When I started I did all sorts of litigation work. But the law has become a lot more specialised today and now I focus on motor vehicle accidents. It is far quicker and more cost effective for the client as I have that expertise on hand.”

Like most people who work at Stacks, Richard has planted deep roots in the local community. His three children grew up locally and gone on to university and he is a proud grandfather of two.

Bill Akhurst, managing director of the firm in Forster, will celebrate 40 years with Stacks in 2013. He joined the Taree office in May 1973 and moved to Forster in 1977. He says it’s been a “happy time’. Saving his words for his speech no doubt.

Congratulations to all those who reach a milestone this year, and thanks from all of us.

10 YeaRS in 2012/132012

Rebecca Chandler - Bowral »Tatiana White - Stacks/Goudkamp »Anny Carter - Stacks/Goudkamp »Jenny Naumovski - Stacks/Goudkamp »Melinda Tubbs - Taree »

2013Robert Hiatt - Port Macquarie »Jodie Thurgood - Port Macquarie »Erin Woodward - Taree »Jill Borrie - Stacks/Goudkamp »

Stacks anniversaries

39 Years @ Stacks!Richard Johnson Director, taree

20 YeaRS in 2013Digby Dunn - Forster »Rosanne Bonanno-Stacks/Goudkamp »Marite Dawson - Stacks/Goudkamp »Tom Goudkamp - Stacks/Goudkamp »Grant Avery - Taree »

30 YeaRS in 2013Joanne Simpson - Tweed Heads »

40 YeaRS in 2013Bill Akhurst - Forster »