Mayell, Neil --- "Practising at the ALS" [1985] AboriginalLawB 30; (1985) 1(14) Aboriginal Law Bulletin 2

• Practising At The Als

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Practising at the ALS

by Neil Mayell

The Baryulgil litigation (NSW Supreme Court, re: compensation forAboriginal asbestos mine workers) which was aborted recently by the untimely death of the plaintiff from asbestos related causes, was halted in its preliminary stages by an action of the defendants who challenged the rights of the plaintiff's legal advisers to represent him in accordance with the rules of the Supreme Court of NSW.

The Redfern Aboriginal Legal Service and its employed solicitor handling the case, were called upon to produce their practising cerffcates.

TheALS, which is o corporate body established to provide and assist Aboriginal clients in legal matters, is not able in its own right to be the holder of a practising certificate as by the rules of the Supreme Court, such certificates can only be issued to individuals.

The solicitor, who holds an unrestricted practising cerffcate, had a condition of the certifcate that he could only act for his employer.

The issue of an employed solicitor being placed in a similar position in a private legal practice is covered by the rule that they act as agents of the principles of such a firm who hold an unrestricted certificate.

This effectively means that in the case in question and in numerous other cases on behalf of clients the ALS was not legally entitled to act.

The problem has now been overcome by the solicitors employed by the ALS obtaining certificates without conditions and treating the ALS as a client.

Perhaps the time has arrived to review the position and give to the ALS and similar organisations the right to initiate and proceed with matters in their own right.