RECENT NEWS TOPICS:(Click on the topic heading in this list to be taken to the article) THE LAUNCH OF GOLDEN OPPOTUNITIES - "GO" BURT & DAVIES - ACHIEVING OUTCOMES TWICE AS FAST AS ALL OTHER FIRMS CLARA'S NATIONAL PRESIDENCY OF ALA
THE LAUNCH OF GOLDEN OPPORTUNITIES - "GO" On 16 July 2010, Peter and Clara had the great honour of attending the inaugural fundraising dinner for Golden Opportunities ("GO") - a foundation which has been established by one of their former clients, Justin Stevenson. The establishment of this foundation represents the commencement of an amazing initiative. Justin's aim, and great desire, is to provide those with profound disabilities, as he has, the opportunity to engage in activities which would otherwise be thought to be beyond their reach. Despite his disability, and demonstrating a great determination, Justin has undertaken a vast range of activities such as para-gliding, off-road buggy riding, fishing, etc. He has proven that those with disabilities can continue to engage in a range of exciting and rewarding activities which add meaning and enjoyment to their lives moving forward. Currently, there are limited opportunities for those with a disability to engage in such activities in a safe and protective environment. The limited facilities offering such activities are located well away from the Melbourne CBD - three to four hours drive from Melbourne! Through Golden Opportunities, Justin plans to establish a facility much closer to Melbourne, that can accomodate those with disabilities together with their families and carers. He hopes to acquire a property in a semi-rural area, possibly an hour or so from Melbourne, which he can establish and equip as a 'getaway' for those with disabilities. Then, the opportunity will exists to engage in a range of fulfilling and thrill-seeking activities or simply to enjoy a change of scenery in a beautiful location and be around others who have a true understanding of their difficulties. The fundraising dinner was a huge success! Many of Justin's family and friends, together with members and groups from within the community, devoted significant time and energy to organising the dinner. High-profile and inspirational individuals hosted, presented and spoke at the dinner, making for a very interesting and enjoyable evening. Burt & Davies was very pleased to donate a Geelong football guernesy for the find-raising auction. This guernesy had been signed by all 9 Geelong footballers who made the 2007 All-Australian Team and All-Australian Coach, Mark Thompson. It was just one of 60 donated items up for auction! Both Peter and Clara are looking forward to seeing Golden Opportunities move ahead in leaps and bounds. They will be providing further support and assistance to Justin and his mother, Linda, through membership of the Golden Opportunities Steering Committee. The philosophy behind Golden Opportunities is highly commendable and we should all try and promote and encourage such projects.
Peter and Clara enjoying the night with Justin Stevenson - founder of Golden Opportunities _________________________
BURT & DAVIES - ACHIEVING OUTCOMES TWICE AS FAST AS ALL OTHER FIRMSAccording to TAC statistics for the 2008/2009 financial year, Burt & Davies has retained its status as Victoria's most efficient handler of TAC claims with the proven quickest resolution times. Statistics kept by the TAC reveal that Burt & Davies achieve outcomes in half the average time taken by all other firms and in some instances are even three times faster than the industry average. This is because of the expertise displayed by both Peter Burt and Clara Davies in handling TAC claims and dealing with the TAC. Burt & Davies exclusively handles TAC claims. Peter Burt & Clara Davies focus specifically on the individual needs of each client. By offering a highly personalised service, Peter and Clara are able to make assessments of each claim based on an intimate knowledge of the case, a client's progress and the likely outcomes. Drawing upon years of experience, they assess each claim and determine the appropriate stage at which to move forward. The focus at Burt & Davies is always on acessing common law and assisting clients to recover common law damages. To be eligible for a common law claim, among otther things, a TAC claimant must show that he/she has sustained a "serious injury" as defined by the Transport Accident Act 1986 ("the Act"). Under the Act, "serious injury" can either be achieved via the impairment process (an impairment of 30% or more) or by satisfying one of the four narrative definitions of "serious injury" as referred to in Section 93(17) of the Act. From the outset, Burt & Davies seek to achieve "serious injury" status for their clients at the earliest possible stage but taking into account all relevant factors. From the date of lodgment of a "serious injury" (s. 93) submission under the TAC protocols, Burt & Davies takes, on average, 9.4 months to achieve serious injury status for its clients and then to resolve the common law claim as compared to an industry average of 19 months. The average time taken by Burt & Davies to resolve a common law claim from the date of the accident is 29 months compared to an industry average of 55.5 months. On average, Burt & Davies takes 12.1 months to finalise impairment from the date an impairment submission is lodged under the protocols as compared to the industry average of 36.1 months to finalise impairment. Early statistics for the 2009/2010 financial year see Burt & Davies tracking along similar lines, if not better, for the current financial year. The focus at Burt & Davies has always been to deliver the best outcomes in the quickest possible time frames for the ultimate benefit of our clients.
____________________ MEETING ERIN BROCKOVICHOn 20 August 2009 Peter Burt and Clara Davies had the great privilege of meeting Erin Brockovich in Melbourne. And it wasn't Julia Roberts who they met, it was the "real" Erin Brockovich. Most people have probably seen the Hollywood blockbuster movie of 2000, "Erin Brockovich", which starred Julia Roberts and which was nominated for 5 Academy Awards. Julia Roberts won the Oscar in 2001 for Best Actress in a Leading Role for her portrayal of Erin. The movie was true, based on Erin's real life story and according to Erin it was 98% accurate. More significantly though, what an inspirational story! As a single mother of three, Erin found herself struggling to make ends meet when she was injured in a car accident. Erin sustained serious neck injuries as a result of the accident and after persevering for a period of time she hired a lawyer to assist her to pursue a claim. After her claim resolved and still labouring under her mounting financial obligations, she started working at the firm which had represented her. She was working as a filing clerk. Whilst looking through some papers in relation to a pro bono property case her interest was aroused by the presence of some medical records. With the permission of her employer she started to investigate further. As it turned out, her investigations revealed that the health of around 600 residents who lived in and around Hinkley, California, had been severely compromised throughout the 1960's, 70's and 80's through exposure to toxic Chromium 6. The Chromium 6 had leaked into the groundwater from the nearby Pacific Gas and Electric Company's Compressor Station. Erin had no formal legal training. She was not a lawyer. But with a true passion to see justice done and the backing of her employer, in 1996 Pacific Gas paid the largest toxic tort injury settlement in US history - $333 million. And it was all as a result of the lawsuit which had been spearheaded by Erin. Below is a photo of Peter and Clara with Erin Brockovich.
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CLARA'S NATIONAL PRESIDENCY OF ALAOn 1 July 2008 Clara Davies commenced her term as National President of the Australian Lawyers Alliance ALA). She was the first female President of ALA and the youngest President in its then 14 year history. See the Media Release and article. ALA is a not-for-profit association of lawyers and other professionals dedicated to the protection and promotion of justice, freedom and the rights of the individual. Both Peter and Clara have been long-time members of the ALA and have been actively involved at all levels of the executive of ALA. Through their work within ALA both Peter and Clara have had some amazing experiences such as in 2007 when they met Major Michael “Dan” Mori who acted for Guantánamo Bay detainee David Hicks. Below is a photo of Clara with Major Mori.
Peter served as Victorian Branch President for 2 years throughout 2002 and 2003. Both Peter and Clara have served on the National Board of ALA at varying times over the past 7 years. Clara’s term as National President has proven to be a very busy time for her and remains so throughout 2009. During this time she has been working and commenting on various issues including the need for better human rights protections in Australia and the introduction of a federal Human Rights Act, the need for reform of the counter-terror laws, particularly in the context of Dr Mohammed Haneef’s case, and the need for tort reform rollback across the country, not to mention numerous other matters. Below is a selection of articles featuring Clara’s work.
ABC Unleashed - Charter of Rights for Australia President's Pages in Precedent magazine: Choice - The Best Consumer Protection Discount Rates and the GFC - A Double Whammy
_______________________ THE CASE OF JAY CRACKNELLOn 31 August 2007 the decision in the case of Cracknell v TAC (General) [2007] VCAT 1615 was handed down by Judge Bowman of the Victorian Civil and Administrative Tribunal (VCAT). Peter acted for Jay in both his fight to have his claim accepted and subsequently in his claim for the recovery of common law damages. The TAC had initially refused to accept Jay’s claim for compensation. Jay had been run off the road by a motor vehicle whilst cycling at night. Unfortunately, the driver of the vehicle did not stop after the incident and Jay was left lying on the side of the roadway for hours only to be found the following morning. He had been rendered a quadriplegic as a result of the incident. On Wednesday 12 September 2007 the AGE in Melbourne ran a feature article in the Focus on Justice section about the Cracknell case. The article was titled "The Fight for Jay". Click here to view the article.
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OTHER SIGNIFICANT CASES Peter has also pursued other very significant cases such as the following: He acted for Wendy Fleming in the case of Fleming -v- Hutchinson [1992] 2 VR129, one of five cases heard by the Appeals Division of the Supreme Court of Victoria in 1991 which defined the meaning of the expression “serious injury” under section 93(17) of the Transport Accident Act 1986. And again he acted for Wendy Fleming in her application to the High Court of Australia for special leave to appeal. Case reported at [1992] 66A LJR 211. He acted for Donald Jewell in the case of TAC -v- Jewell [1995] VR300. As a result of this decision, the Government amended the definition of “transport accident” in the Transport Accident Act. He also acted for Dale Shepherd who ultimately became only the second person in Victorian Legislative history to be named in an Act of Parliament (Transport Accident (Amendment) Act 2000). Most recently Peter had success in the Supreme Court of Victoria in the case of Martino Developments Pty Ltd -v- Doughty [2008] VSC 517 (27 November 2008).
Other notable cases run by the partners of Burt & Davies include: John Heenan v Transport Accident Commission Aaron Boyle v Joel Carter (29 November 2006)
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