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. Nicholas Powrie:   legal practice specializing in personal injuries and industrial prosecutions and commercial/property disputes and property Law I was tasked with assisting the partner responsible for plaintiff personal injuries claims, mainly in specialized Tribunals, (Workers Compensation Tribunal, Industrial Relations Tribunal (SA) / Dust Diseases Tribunal (NSW) and on appeal, in the District and Supreme Courts.

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Curriculum Vitae

Nicholas Phillip Powrie

Date of Birth                                18/11/54

Place of Birth:                                                 Bordertown, South Australia

Nationality                                                        Australian

 

Education

Tertiary

1986 - 90                                                         Adelaide University

Bachelor of Laws (LLB)

 

2001 - 02                                                         Adelaide University (LLB, non-award)

 

 

2002- 03                                                          University of South Australia

                                                                        (Graduate Diploma Legal Practice)   

 

 

Employment

2003-2004

AJU LANGAGE INSTITUE

            English Instructor

            Over the second part of 1993 and throughout 1994 I have worked for a private English Academy in South Korea

            My client/student base included school students from the ages of 5 to 15, in academic English in:-

·                     phonics;

·                     grammar;

·                     written style;

 

2001-2003

HUME TAYLOR AND CO, Barristers & Solicitors

Legal assistant to partner

Hume Taylor, Adelaide, is an established legal practice specializing in personal injuries and industrial prosecutions and commercial/property disputes and property Law

I was tasked with assisting the partner responsible for plaintiff personal injuries claims, mainly in specialized Tribunals, (Workers Compensation Tribunal, Industrial Relations Tribunal (SA) / Dust Diseases Tribunal (NSW) and on appeal, in the District and Supreme Courts.

My duties included:-

·                     perusing and analyzing medical and other expert witness evidence;

·                     legal research;

·                     drafting opinions;

·                     formulating claims;

·                     preparing correspondence to litigants, insurance companies, and other court documents in common law and tribunal claims;

·                     interviewing clients;

·                     taking and recording instructions;

·                     preparing briefs to Counsel;

·                     attending chambers conferences, pre-trial and arbitration matters;

·                     assisting the partner and counsel in Tribunal and Court conferences and trials;

From time to time I was also tasked with research and drafting opinions in property and commercial matters in respect of:-

·                     commercial leases;

·                     common law/Torrens Title Act tenure disputes;

·                     pastoral leases;

·                     Residential Tenancy Tribunal matters;

·                     trusts and bailment’s;

·                     mineral tenement matters. 

 

2000-2001

CALDICOTT & CO, Barristers & Solicitors

            Legal assistant to partner

Caldicott & Co is an established defendant/plaintiff legal practice in South Australia respectively in criminal and civil litigation.

I was employed to assist the principal in predominantly criminal matters.

The court duties given to me involved:-

·                     bail applications,

·                     appearances;

·                     pre-trial conferences;

·                     Youth Court matters;

·                     Summary hearings;

·                     support to counsel in trials in the District and Supreme Courts, and Coronial Inquests.

My office duties (criminal matters) included:-

·                     interviewing and taking instructions;

·                     legal research;

·                     drafting court document (affidavits, bail applications, written submissions, points of appeal);

·                     preparation of appeal books and lists of authorities

The civil practice was focused on public/occupies liability and Motor Vehicle Accident Claims, mainly in the Magistrates and District Court.

My office duties involved:-

·                     taking instructions;

·                     preparing briefs for counsel;

·                     drafting formulated claims;

·                     drafting correspondence;

·                     interviewing and proofing witnesses;

·                     drafting submissions, grounds of appeal, advice on evidence;

·                     research;

·                     preparation of correspondence and other court documents, interviewing clients and witnesses and recording their statements and evidence.

 

1996-1999

WESTERN DESERT CORPORATION (WDC)

Land Tenure/Claims Officer

The Western Desert Corporation is an NGO granted ‘Representative Body’ status under the Commonwealth Native Title Act and tasked with the investigation, preparation and prosecution of claims brought by common law indigenous claimants.

The Native Title Act was promulgated by Federal Parliament following a High Court decision in Eddie Mabo v. the State of Queensland having force in the States and Territories of the Commonwealth of Australia with the purpose and design of facilitating and identifying pre-settlement common law interests in un-alienated crown land in advance of the grant of any tenure by the respective crowns in right of the States and Commonwealth of Australia.

WDC’s representative status was over an area of approximately 500,000 square kilometers with 11 distinctive linguistic ethnic claimant/stakeholder groups.

The claim area included some of Australia’s largest/richest mining operations (Gold, Uranium, Copper, Zinc, Nickel, Iron, Titanium, Tantalite, and Manganese)

A substantial portion of existing and prospective crown grants dealt with under the Native Title Act related to mineral and petroleum exploration and mining tenements and government developments.

The function of my position as Lands Officer included:-

·                     interdisciplinary research, collation and analysis of reports;

·                     preparation of land acquisition (Pastoral and special purpose Leases) and attendant funding submissions under the Commonwealth and State Law;

·                     taking, preparation and presentation of instructions at National Native Title Tribunal conferences and hearings;

·                     liaising with government departments (State), Departments of        Mineral Resource Development/Planning/National Parks and    Conservation/ Regional Development/Highway and Roads/Local    Government/Pastoral Lands Management/ (Commonwealth)          Aboriginal Affairs (ATSIC)/Natural Recourses/Industry and     Development/Environment and Conservation.

·                     co-ordination of all professional consultant services involved in getting the claim briefs and evidence to the point of trial;

·                     facilitation of process to resolve and determine disputes between claimants and third parties, including the crown in right of Western Australia;

·                     liaising, negotiating and drafting exploration and production/compensation/access agreements mining and petroleum companies, and pastoralists;

·                     drafting corporate constitutions and Articles of Association for ‘prescribed body corporate’ (specialized Corporations incorporated/registered under the Native Title Act);

·                     negotiating and acquiring real property and pastoral leases.

·                     general office administration.

The disciplines and consultants I was tasked to retain, direct, supervise and instruct included:-

·                     Anthropologists;

·                     Linguists;

·                     Historians;

·                     Geo-chemists;

·                     Geologists;

·                     Mining/civil engineers;

·                     Environmental specialists;

·                     Legal practitioners (solicitors and counsel);

·                     preparation and follow-up on submissions relating to Environmental Impact Statement process;

·                     investigations of applications for exploration and mining leases (with associated infrastructure development);

·                     liaising with representatives in the Pastoral and Mining Industry;

I prepared submissions and represented or retained counsel to represent the claimants/stakeholders at:-

·                     plenary conferences;

·                     Commonwealth (Federal Senate) Inquiries);

·                     other forums (Pastoral Industry, mining industry, government).

·                     Western Australian Mine Warden’s Court;

·                     Federal Court.

 

 

 

1994 - 1995

A.L.R.M. Inc (NGO)

Legal researcher

A.L.R.M. is a corporate entity and legal practice in South Australia with “Representative” status under the Native Title Act.

I was employed in the Native Title Unit at ALRM in 1994 tasked with providing legal and historical research and support in respect of land tenure in the state of South Australia and the Northern Territory of Australia from about 1840 onward in anticipation of two test cases brought in the Federal Court.

My research duties primarily involved:-

·                     documentation and indexing of archival material;

·                     interviewing clients and stake holders;

·                     recording instructions;

·                     on instructions, collating and drafting briefs on evidence;

·                     liaison with counsel;

·                     liaison with industry and third party stake holders;

·                     convening meetings with claimants under the Native Title Act process;

Other duties I performed involved research and determination and reporting on all ‘future act’ proposals and investigations in respect of mining proposals and third party interests (matters, predominantly under the Mining Act, Pastoral Lands Act, and Planning Act and the drafting of submissions, policy documents and correspondence.

1991 - 1993 

GOVERNMENT OF THE NORTHERN TERRITORY

Office of the Solicitor for the Northern Territory

Law Officer

Whilst in the Attorney Generals Department I was located in the Civil and Commercial section.

My duties involved:-

·                     drafting legal advice to the Government Departmental clients on many and varied matters.

·                     negotiation, certification and preparation of pastoral leases;

·                     drafting tenancy agreements;

·                     drafting land and stock mortgages;

·                     drafting guarantees;

·                     drafting Deeds;

·                     drafting contracts and service agreements;

·                     due diligence and certification of government process;

·                     legal advice on the operation of territory and Commonwealth Law and Ministerial discretions/factums.

The Civil litigation work I was tasked with involved:-

·                     tort claims (MVA), perusing, drafting and settling non contested claims;

·                     criminal injury compensation claims, representation in courts and related administrative action;

·                     personal injury claims, assisting the partner, drafting perusing affidavits, formulated claims and pleadings, attending in court;

·                     Public Sector Employment matters (dismissal/disciplinary);

·                     Work Health Act (NT) / Superannuation Act (NT) matters


 

Department of Mines and Energy

·                     research and provision of advice to/from government agencies as first point of call within the DME, (policy and planning section);

·                     drafting and review of the Mine Safety Act (NT);

·                     management and administration of indenture agreements made pursuant to Part IV of the Aboriginal Land Rights (Northern Territory) Act;

·                     determination and approval of mineral tenements granted to joint venture agreements;

·                     appraisal and assessment of contested matters under the Mining Act (NT);

·                     review of applications for mineral and exploration tenements;

·                     review and determination of terms and conditions for mining;

·                     determination of environmental bonds;

·                     evaluation of mining development proposals and co-ordination of preliminary investigations in determination of statutory requirements in project/ tenement approvals,

·                     drafting and preparation of Ministerial correspondence;

·                     instructions to Parliamentary Counsel;

·                     drafting second reading speeches and other ministerial memos and minute;

·                     responding to stake holders and the mining industry matters;

·                     instructions to crown counsel on contentious matters;

·                     drafting interdepartmental and inter governmental correspondence;

·                     research and advice on opportunities for expanded resource development and secondary processing.

1990-91

SUPREME COURT OF SOUTH AUSTRALIA

Associate

My duties as associate to a Judge of the Supreme Court involve:-

·                     daily attendance in court and chambers;

·                     administrative duties in chambers;

·                     liaising with legal practitioners and counsel;

·                     legal research;

·                     preparation of draft legal opinions and judgments;

·                     attending on the Judge in chambers, court, and trial hearings;

·                     maintenance of case flow in chambers;

·                     preparation of cause lists and sitting dates;

·                     maintenance of statutes and research materials in chambers;

·                     under directions of the Judge, general administration of executive functions of an office of a Justice of the Supreme Court of South Australia.

1986-90

Adelaide University (Bachelor of Laws)

Whilst an undergraduate I was employed part time over 1998-99 at Kelly & Co, a commercial Law firm in Adelaide where I assisted the partners in:- commercial and civil litigation (property, bankruptcy and commercial disputes);

·                     research;

·                     drafting and preparation of opinions and advice;

·                     drafting court documents;

·                     preparation of briefs to counsel;

·                     assisting in litigation.

 

 

 

1983-85          

BROMAGE EARTH MOVERS

Contract administrator

My employment was with a small civil engineering company located in the Northern Territory.

I was tasked with duties involving:-

·         preparation, supervision and discharge of contracts procured through the Government tender process;

·         plant operations;

·         examining contract specifications and preparing tenders for contract;

·         determination of variations in contract specifications and reporting;

·         supervision of plant maintenance schedules;

·         general office administration.

1975-1983

N.K.MINES NL

WINDARRA NICKEL PROJECT (Joint Venture, WMC-BP)

PEKO WALLSEND NL

Australian Development NL

For eight years after my completion of secondary studies I worked in the mining and construction industry in plant operations in the Northern Territory and Western Australia including:-

development and production (underground and open cut);

All of this work involved plant operation and included:-

·                     heavy transport driving;

·                     rotary percussion and reverse cycle rock drills(Garden Denver), Atlas Copco DHH;

·                     heavy plant (Caterpillar) 769 (haulage), 966980/88 (excavation),17K/120G/140G(grader), D6/7/8/9(dozer);

·                     air-leg/panther (mining);

·                     Jumbo ;

·                     ring-fire and charge up (explosive preparation, placement/detonation).

 

 

 

Office Skills

In the course of and after my under-graduate studies I have endeavored to up-grade and maintain a higher level of office based skills.

Consequently I have developed or advanced skills in computer related technologies including:-

·                     drafting and editing skills in MS Word and similar programs;

·                     an accurate typing speed of about 70+ words per minute;

·                     computer/internet research skills;

·                     precedent and spread sheet/graphic programs;

·                     publishing/archival programs;

 

I am a quick study on any/all new soft-wear technologies;


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