Law Society Medal for Meritorious Service

Emma Shaw is the team leader of the Legal Services Commission’s Major Indictable unit, and has been a Member of the Society since 2011. During her time as a Member, she has made significant and meaningful contributions to the Society’s work through involvement on the Executive, Council and a large number of Committees.

Emma has been a Member of the Council since 2018, Ethics and Practice Committee since 2019, Criminal Law Committee since 2017, and joined the Governance Structure Working Group this year. She has been the Society’s nominee on the Board of Examiners since 2017.

Emma was previously a Member of the Executive in 2019, 2020 and 2022, the CourtSA Criminal Practitioner User Group between 2021 and 2022, the GDLP Committee in 2020 and what was then the Administrative Law Committee between 2017 and 2018.

Emma is known for her thoughtful and well-considered contributions to the committees on which she is a Member. Her commitment to these roles serves as an inspiring example for others to follow in their pursuit of making a positive impact on the Society and the legal profession generally.

Ralph Bönig began his legal career in 1980 at Baker McEwin – now Minter Ellison, and became a partner in 1988 before establishing his own firm with John Fountain in 1993.  He joined Finlaysons as General Counsel in 2011.

Ralph was appointed to the Law Society’s Council in 2005, and became an Executive Member the following year. He was Treasurer, Vice president, President-Elect and eventually President of the Law Society in 2010, a role he held for two years due to then President-Elect Jane Schammer having to step aside from her role after being appointed a Magistrate.

Ralph’s advocacy and work ethic on behalf of the Society was tireless and effective.

He chaired the Society’s Committee on the National Legal Profession Project. The amended Legal Profession Uniform Law now in place in Victoria and NSW has responded to many of the concerns that the Society, under Ralph’s leadership, raised.

Ralph drove the Society’s contribution to the revision of the Legal Practitioners Act 1981 in 2013.  South Australia’s legislation in this regard had fallen a long way behind the other jurisdictions.

At the commencement of his Presidency, Ralph placed an intense focus on the mental health and wellbeing of the profession.  This led to a number of specific activities designed to highlight the prevalence of depression in legal workplaces, raise awareness and provide avenues for assistance. This included the formation of the Young Lawyers Support Group and led to the establishment of a Mental Health and Well-Being Committee (now named the Well-being and Resilience Committee).

Later in his Presidency, Ralph brought a number of Aboriginal Elders together for meetings.  This resulted in the establishment (via the SA Council of Social Service) of a group that aimed to bring Aboriginal Elders together and advocate as a collective on issues such as Aboriginal incarceration. 

Ralph was:

• the driving force behind the implementation of the Limitation of Liability Scheme, since renamed as the Professional Standards Scheme. 
• an inaugural member of a Justice Reinvestment Working Group that was established by then Senator, the Hon Penny Wright, and now chaired by the Honourable Robyn Layton AO QC; and
• instrumental in the establishment of the GDLP Working Group which culminated in the agreement with the University of Adelaide for joint delivery of the GDLP course.

Ralph created a strong public image for the Society through his unrelenting focus on advocacy via the media.

Ralph was personally appointed by the Attorney-General to the Legal Services Commission Review and to the Working Group that reported to the Attorney-General on the establishment of a Civil and Administrative Tribunal in South Australia.

Under Ralph’s leadership, the Society enhanced its focus on excellence in service to its Members.

Ralph has been a member of the various Law Council of Australia Working Groups, including:

• Professional Indemnity Insurance  
• Proportionate Liability
• NDIS/NIIS
• Judicial complaints handling and Parliamentary Commissions

Ralph continues to represent the Society on the Law Council’s Indigenous Issues Committee, having done so since 2013.

Elizabeth Olsson been a Member of the Society since the day she was admitted to the profession in December 1987.  Her contribution to the work of the Society has been outstanding and selfless, and has been to the benefit of every Member of the Society. 

Elizabeth has been Chair of the Bulletin Committee since 1995, when she replaced Mr Simon Hannaford. 

The role of Editor was created in 1986. Since that time, 12 editors came and went while Elizabeth remained a constant and reliable presence.  She stepped down from the Chair at the end of 2016 but after a few months break she again assumed the position. 

The Bulletin has undergone several transformations, but the one thing that has stayed the same under Elizabeth’s leadership is the journal’s reputation for quality, insightful comment relating to the law and its practitioners. 

Elizabeth has ensured the Bulletin publication provides education, information and professional reward to all members of the profession. 

Philip Page has been a Member of the Law Society since the week after he was admitted to the profession in early 1973. His contribution to the work of the Society in relation to property law has been consistent and committed, however his contribution in the last year has been truly exceptional. He has assisted the SA legal profession through extensive legislative and systematic changes to the property industry.

At the time of presenting the Award, Philip had been a Member of the Society’s Property Committee for over 35 years (since 1980) and the Chair for 15.

Substantial amendments to the Real Property Act 1886 came into effect on 1 July 2016. In part those amendments introduced a system of electronic conveyancing, which has been a project Philip has contributed to and kept on track over several years. He has been instrumental to the work of the LCA’s National Electronic Conveyancing System Working Group. The Property Committee made substantial submissions to a review of the Real Property Act 1886 in relation to such changes.

Verification of Identity and the Australian Taxation Office’s consultation on its new foreign resident withholding tax provisions have been other significant issues for Property Committee, as to which Philip has kept Members informed.

In his own right, Philip is a Member of the Law Council's Australian Property Law Group, currently as Deputy Chair. Philip also liaises with the Registrar-General, Lands Titles Office and Australian Institute of Conveyancers SA. He contributes to the Property Law Reform Alliance, which is working on a proposed Uniform Torrens Title Act. The Society benefits greatly from these connections.

Philip and the Property Committee have worked tirelessly on the review, revision and redrafting of the Society’s suite of property documents to accommodate the recent changes. Philip personally prepared two new documents for the suite, being two interim annexures to the Contract. He continues to oversee the integrity of the Property document suite.

Philip has presented and chaired numerous industry professional development seminars. He has delivered CPD’s for the Society including at the Legal Profession Forum and Country Conference, written informative articles for the Bulletin, overseen updates to Members published in InBrief and on the Society’s website - a continuous, significant contribution to the great benefit of Members.

Philip is in constant communication with the Australian Institute of Conveyancers and the Real Estate Institute of Australia. Philip is representing the Society on a “Stakeholder Reference Group” convened by the Department of Treasury and Finance after the announcement the Lands Services Group/Lands Titles Office was to be privatised.

Philip is a very modest, hard working person with a passion for assisting the profession. His outstanding contribution and determined efforts fit all aspects of the Award criteria.

Stuart Cole was awarded the 2015 Brian Withers’ Award in recognition of his outstanding commitment to promoting access to justice in South Australia through the Society’s Litigation Assistance Fund.  The Fund is a non-profit charitable trust which provides financial assistance to eligible litigants under a self-funding model allowing access to cost of disbursements and legal representation to many who may not otherwise have the opportunity.

Stuart has made significant contributions to the Fund’s ongoing success. He has been an Assessment Panel member since 1992 and a Board member since 1999.  He is currently Chair of the Litigation Assistance Fund Advisory Board and his leadership has been exemplary.  It should be noted that under Stuart’s leadership, the Fund’s net assets have nearly doubled which has resulted in a greater number of claimants being assisted.

The 2014 Brian Withers Award was presented to Martin Keith in recognition of his significant and valuable contribution to the Society and the profession as a Director and Chair of Lawguard Management Pty Ltd.

Mr Keith joined the Board of Lawguard in 1999 and at the end of that year, the Total Equity of the Professional Indemnity Insurance Fund managed by Lawguard was a little over seven and a half million dollars.

In February 2001, Martin was appointed Chairman of Lawguard. At 30 June that year, the Total Equity of Professional Indemnity Insurance Fund was nine and a half million dollars.

During this period Lawguard's decision to stay with existing underwriting/ reinsurance arrangements in the face of cheaper premiums being offered by HIH was justified by the collapse of HIH/FAI General Insurance in March 2001.

Because of the HIH/FAI collapse the entire insurance market was then in considerable turmoil. Under the wise and steady guidance of Lawguard, the SA Professional Indemnity Insurance Fund weathered the storm significantly better than the insurance schemes of other professions.

After the HIH crisis, the mid 2000s were a period of consolidation for Lawguard and the Professional Indemnity Insurance Fund. As at 30 June 2008 the total equity of the Professional Indemnity Insurance Fund had reached more than twenty two and a half million dollars.

During the 2007/08 policy year the cover provided for each claim increased from $1.5million to $2million, generally in line with the coverage provided by other State schemes.

The late 2000s will be remembered for the impact of the Global Financial Crisis on investment returns. Again, under the wise and steady guidance of the Lawguard Chairman and his Co-Directors, the Professional Indemnity Insurance Fund was able to absorb the effects of the Crisis without the need to raise additional funds from the profession.

The Base Insurance Premium Contribution per practitioner had (up to the 2014/15 Scheme year when the premium is calculated on a per firm basis) remained at the same figure - $2,400 - for the last three years – after being reduced in both the 2009/10 and 2010/11 Scheme years.

This cover is undoubtedly one of the most cost effective in Australia. Although the figures for the various PI Schemes in Australia are difficult to compare – because they are calculated in different ways – as best as we can work out the SA premiums are between $1,350 and $4000 cheaper than premiums for PI Insurance in other States of Australia.

Mr Keith was a long-serving member of the Law Society. He had been on several committees, including the Civil Litigation Committee, Murray Law Library Committee, Bulletin Committee, Professional Standards Committee, Council Disciplinary Committee and GDLP Course Advisory Committee. He was President of the Society in 2000-01 and had represented the Society as a Director of the Law Council of Australia.

Morry Bailes was awarded the 2013 Brian Withers Award for his extraordinary achievements and work as Chair of the CTP Reform Executive and the GDLP Working Group.
  
When the State Government released its Compulsory Third Party (CTP) “Green Paper” in March 2012, it threatened the compensation rights of the thousands of people injured on South Australian roads each year. Morry Bailes took a leading role in pulling together a team and a strategy to campaign against the proposed scheme and lobby the State Government. 

The Joint CTP Executive comprised the Presidents and representatives of the Society, South Australian Bar Association and Australian Lawyers’ Alliance.  Morry spent countless hours planning and working on a public awareness campaign, meeting with influential parties including industry groups and politicians, negotiating with government ministers and representatives and reporting back to the legal profession with the developments.
After months of work and negotiations, Morry and the Joint CTP Executive were able to sign off on a scheme that was much more reasonable for injured South Australians than what the State Government had initially proposed. 

In summary, there is little doubt that without Morry’s tireless efforts and leadership, thousands of injured South Australians would be far worse off, with slashed entitlements and reduced access to justice.

As Chair of the Society’s GDLP Working Group, Morry was instrumental in the development and implementation of a Joint Venture Agreement with the University of Adelaide for the joint delivery of the GDLP Course. 

Morry’s contributions in these two areas coincided with a raft of other activities and involvements across the Society in addition to his role as a Member of the Council and Executive of the Society.

John Goldberg was awarded the 2012 Brian Withers Award for continuous extraordinary support to the Society across a wide range of its functions, over a long period of time.

At the time of presentation of the Award John was, amongst other things

At the time that he was appointed to the Federal Court of Australia in September 1996, Justice Mansfield had served on 11 of the Society’s Committees, including Common Law, Complaints, Administrative and Common Law, Discipline, Civil Litigation, Professional Conduct and Practice (Chair), Accident Compensation, No Fault Liability, Professional Indemnity monitoring, Convention Planning, Professional Development Advisory Group and LawAsia.  

In addition, Justice Mansfield had served the profession in many other exemplary roles including

The 2008 Brian Withers Award was presented to Margaret Kelly in recognition of her intense, long-term, broad commitment over many years to the work of the Society, particularly in the field of education. At the time of winning the Award Ms Kelly was the Immediate Past President of the Law Society.

Her other contributions included:

• Member of the Medico-Legal Advisory Group;
• Council Member since 1999 and President 2006-07;
• 2002-Present: Council Disciplinary Committee;
• Member of the Council Disciplinary Committee since 2002 ;
• Member of the Litigation Assistance Fund Advisory Board since 1994;
• Member of a LAF Assessment Panel since 2004;
• >Member of the Professional Standards Committee since 1996;
• Member of the Human Rights Committee since 1998;
• Member of the Justice Access Committee since 1998; and
• Member of the Litigation Assistance Fund Committee 1993-1997.

In addition, Mr Fountain was the Society’s representative on the Law Council’s Personal Injuries Litigation Committee.  He had also provided outstanding service to the profession generally, including as a member of the organising Committee for the 2007 CRASH Seminar and Both Sides of the Fence Seminar.

The 2006 Brian Withers Award was presented to Ms Casandra Francas, for her indefatigable and conscientious work as the editor of “Caseweek” and the “Law Society Judgment Scheme”.  These publications are of great benefit to the profession, many of whom rely on them in their work. 

Caseweek is a weekly newsletter which varies between 10 to 30 pages in length.  It covers all judgments handed down in the House of Lords, High Court, Full Court of the Federal Court, Supreme, District and Environment and Resources Courts; sometimes involving up to 30 judgments.  Ms Francas read each of the judgments, synthesized the issues and then dictated a snapshot of each.   

The Law Society Judgment Scheme is a 5-part volume of judgments handed down in the Supreme and District Courts.  Ms Francas read each judgment, decided whether they were to be recorded and then edited each volume prior to their publication.   

While Ms Francas was remunerated for her work, the payment was a pittance compared with the enormous number of hours contributed, in particular on weekends.

• in 1983 she was involved in the protest to save the Franklin and Lower Gordon rivers, working as a volunteer lawyer and getting arrested in one of the protests

• In 1985-86 she worked in London in a Community Legal Centre as a case worker for predominantly West Indian youths in the area

• from 1986 until 1988 she worked at the Aboriginal Legal Rights Movement where she was involved in the Royal Commission into Aboriginal deaths in custody, acting as solicitor for many of the families and as counsel for the Aboriginal prisoners

• taking part in many inquiries into access to justice, in particular the Evatt enquiry into Gender and the Law and a recent Senate Inquiry into Immigration Detention

• involvement in legal education since the 1980’s, teaching in the Graduate Diploma in Legal Practice, in particular in criminal law and advocacy

• serving voluntarily on the South Australian Council of Social Services Justice Committee, the Gambler’s Rehabilitation Fund, the Youth Training Centre Review Board, as a worksite representative for the Public Sector Association, in the management committee of the City Child Care Centre, as a committee member of Friends of Palestine, and being involved in refugee work.  She was also a member of the South Australian Council for Civil Liberties

• involvement in significant human rights cases as a result of her refugee work – cases involving the status of stateless Palestinians in Australia, the breach of the duty of care for mentally ill detainees in Baxter, Cornelia Rau and the Palmer Inquiry

Mr George Mancini was an inaugural joint winner of the 2005 Brian Withers Award.  Mr Mancini had tirelessly contributed to the Society’s advocacy in criminal law matters and was a passionate advocate for the rule of law.  

Chair of the Criminal Law Committee since 1998, George had been the principal contributor to the Society’s submissions on criminal law related topics, which was the major area of law on which requests for submissions tended to focus.  Criminal law topics and submissions were also often the subject of intense media interest.  Mr Mancini provided unflagging, key support to Law Society Presidents who were called upon by the media to comment and also spoke on behalf of the Society in response to many media requests.  With Mr Mancini’s assistance in this manner, the public was provided with greater insight into the principles of the rule of law, the work and practices of the courts and of criminal law.  

Mr Mancini was also Member of the Society’s Human Rights Committee (sine 2003) and a Member of the South Australian Council for Civil Liberties.  He was a past Member of the Society’s Justice Access Committee and Alternative Dispute Resolution Committee.