Barrister Services

The main areas of legal advice and representation provided by Richard Tripodi include:

• Administrative Merits Review, in the Administrative Appeals Tribunal (AAT) on a visa decision, or in relation to some other administrative decision
• Judicial Review in a Federal Court or Court of a State of Australia
• Legal representation connected with a Royal Commission or Public Inquiry such as the NSW ICAC
• Underpayment of remuneration or breach of industrial and employment legislation or employment contract
• Unfair or unlawful termination of employment or unfair contract
• A Discrimination claim
• Australian Consumer Law or commercial contract claim
• Civil or Negligence claim
• Defamation
• Criminal Law matter
• Wills & Family Provision claims

Barrister services and the Australian legal system

In New South Wales, there are two main types of lawyers – barristers and solicitors. Barristers specialise in court work and advice. Their independence is vital to our system of justice. It ensures legal representation for everyone, without fear or favour. Barristers cannot form any business association with partners which might compromise, or even appear to compromise, that independence. Nor are they tied to any particular client. A barrister can appear for a company or the government one day and against it the next: NSW Bar Association www.nswbar.asn.au.

This independence ensures that I will represent my clients interests to the fullest extent that I am able to, under the law, and in accordance with my ethical obligations and duties to the court. This independence also allows me to express my opinions on the Australian legal system for the benefit of clients and potential clients.

Firstly, I believe that you should treat any involvement with the legal system seriously. This is because if you lose your case, you will have to pay the reasonable legal costs of your opponent. If this occurs, this may put you under significant financial pressure or even into bankruptcy; or put your business under external administration, or into liquidation.

The seriousness and stress of litigation, or even the threat of it, means that it is essential that, from the very earliest stages, you get professional, well researched and informed, legal advice from a barrister. Gone are the days when solicitors would prepare proceedings and then brief a barrister when it is time to go to court. If possible and appropriate, I would like to keep you out of court.

Secondly, if it becomes necessary or appropriate to go to court, from the very earliest stage of your problem or dispute arising, you should get advice from a barrister. This is because there may be a period of time within which you have to commence proceedings (called a limitation period). Also, if going to court, everything possible must be done to win or put your case to the best advantage. There are always important steps that have to be taken in terms of getting access to evidence from witnesses and documents even before any proceedings are commenced, or resisted in any defence, or an application made. These early decisions taken in any litigation often decide the fate of the litigation, and thus, have to be based upon the correct judgements by the barrister (after consultation with any instructing solicitor) in the circumstances that exist. The proper preparation of a case can be a costly exercise, but it is also very likely to save you money, by, hopefully, achieving your objectives in a timely way, and/or, also, avoiding or limiting any adverse costs orders, or getting costs orders in your favor.

Thirdly, even when you get to court, it is important that your case be properly presented, and that the decision-maker or judge have all the correct material available to make the best possible decision in your favour. This means not only the correct evidence and facts, but also the correct arguments and understanding of the law. In my opinion, barristers have the skills, knowledge, and expertise, to maximise the chances of this happening but in my experience it all too often doesn’t happen.

Fourthly, it should be understood that, despite their best efforts, wrong decisions can taken by a barrister in the litigation, and its preparation; or errors made by decision-makers or judges. Therefore, preparation for court proceedings by the barrister is critical, to minimise the chances of this happening.

Fifthly, if this occurs then you may have to get urgent advice from a barrister on any right of appeal or review, and, (if you have one), whether it should be exercised.

Given the seriousness and importance of legal advice and litigation, I make the decision in my legal practice of not taking on too much work which may detrimentally impact on the quality of the service I provide my clients. Many legal practitioners do not do this, and in my opinion, clients suffer as a result.