PROFESSIONAL BIOGRAPHY

Name: Robert Stephen LL.B., BSc(Arch), BArch.
Position: Solicitor

Telephone: 9904 6800
Facsimile: 9904 6255

“Clients  generally approach a law firm with confusion and some trepidation. They need answers to their problems yet sometimes come with predetermined notions which may or may not reflect reality in terms of the current state of the law. The law is in a constant state of ebb and flow and there are never any certain results. A lawyer’s best tools are the ability to comfort, console, instill confidence, to listen and understand the client’s needs and to find the most effective solution to the client’s brief. Lawyers are generally an expensive commodity because their work is time consuming. Anyone considering a cheap fix to their problems should not consult a lawyer.”

Robert is a legal practitioner  of many years experience as an employed solicitor in private firms and as a sole practitioner. He was formerly a barrister. He has practiced in many areas of the law and appeared as an advocate in most jurisdictions in New South Wales as well as the Federal and High Courts.

Robert’s approach is comparatively unorthodox. Many solicitors excel in preaching to their clients and laying out their entire knowledge of the law in the particular area of concern. Robert believes generally this tends to confuse the client and does not really address his/her needs. More important is to listen to the client and absorb all factual material probing for detail which may be hidden prior to issuing any advice. He generally greets a new client not with the question: “What has happened ?” but rather, “What do you want to achieve ?”

The keys questions Robert asks are:

What does the client really need ?

What is the best way to achieve the client’s purpose ?

Cost is not a consideration in this process because it is the result which is really sought by the client not the price. One cannot realistically seek to acquire a Rolls Royce by tendering the price of a lesser car.

Sometimes the solution is not a “legal one” and Robert’s aim is to find the best solution.

Matters in which Robert has been involved are:

  • Building and Construction: A practising chartered architect for six years before embarking on a legal career. Knowledge of the “coalface” of the construction industry and an ability to communicate freely with Council officers, architects, builders, engineers and candlestick makers. Robert can also find his way through working documentation as a result of his early grounding in drafting.
  • Commercial Law: Acting for clients on a full-range of services including commercial leases, purchase and sale of businesses, loan arrangements and dealing with local councils.
  • Land and Environment: Representation of clients in various applications under planning legislation in New South Wales
  • Civil and Commercial litigation generally
  • De Facto and Family Law: An extensive background but with a strong bias to settling matters on an amicable basis to avoid complete destruction of relationships and the “matrimonial” assets.
  • Employment Law: Representation of employees and employers in various matters before the Industrial Commission, the Industrial Court, the Commission in Court Session, the Federal Magistrate’s Court and the Federal Court on appeal as well as negotiated settlements in matters involving senior managerial positions. Active involvement in restraint of trade arguments.
  • Litigation: Civil and Criminal matters including appellate jurisdictions in most courts and tribunals in New South Wales.
  • Conveyancing: On behalf of both vendors and purchasers
  • Consumer Law: Advising under the Contracts Review Act, the Fair Trading Acts, the Credit Act and the Trade Practices Act. Representation before the Consumer Claims Tribunal
  • Wills and Estates: Drafting wills and representation of clients in the Supreme Court of New South Wales in respect to probate applications and disputes and Family Provision Act claims.

Qualifications

  • Bachelor of Laws
  • Bachelor of Science(Architecture)
  • Bachelor of Architecture

Admitted to

  • All NSW State Courts
  • All Federal Courts including High Court of Australia

Articles Written

Employment Law - Case involving an Employee failing to provide notice of resignation - Leiminer's case

Date: August 10, 2008
Authors:Robert Stephen LL.B., BSc(Arch), BArch.