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October 15, 2021

Charter for the Advancement of Women

Elit Lawyers by McGirr & Snell is proud to be one of the first signatories to the Law Institute of Victoria’s Charter for the Advancement of Women.

The Charter for the Advancement of Women adopts the NSW Law Society’s Charter for the Advancement of Women in the Legal Profession as well as its guidelines.

With the support of over 300 signatories, the Charter promotes the attraction and retention of more female practitioners and their advancement into leadership positions in pursuit of gender equality in the workplace. In addition, the Charter aims to establish procedurally fair and transparent discrimination and harassment complaints processes across Uniform Law jurisdictions.

The Charter consists of the following resources:

LIV Sexual Harassment Resources webpage with tailored resources and information that aim to eliminate sexual harassment in the profession; and
LIV Sexual Harassment Framework Policy and Model Template that can be adapted and implemented in legal workplaces.

The Charter is also accompanied by Guidelines that are designed to help law practises fulfil the Charter commitments in respect of women in the legal profession.

Victorian law firms can sign up using this link.

The Law Society of NSW has also recently launched a sexual harassment legal portal, which has the sole purpose of combatting the prevalent issue of sexual harassment in legal workplaces. The portal provides crucial resources for solicitors to shed light on misconduct in the legal profession, including steps that solicitors can take to report harassment and other inappropriate behaviour in the workplace.

The Law Society of NSW has announced that the portal will provide the following:

information on the steps to take if those working in the legal profession have experienced or witnessed sexual harassment, discrimination or victimisation and wish to report it;
resources that shed light on sexual harassment in the legal profession and initiatives aimed at addressing it;
important information on new Law Society of NSW training devised to inform the profession and combat sexual harassment in the law;
Workplace Guide and Model Discrimination and Harassment Policies – a practical guide published by the Law Society to help identify and eliminate discriminatory practices;
The Charter for the Advancement of Women in the Legal Profession;
The Law Society’s Mental Health and Wellbeing portal; and
legislation and rules relevant to sexual harassment in the legal profession.

The Society as part of its professional development program will also hold a workshop on the topic of sexual harassment in the legal workplace and workplace culture.

According to the President of the Law Society of NSW, the organisation “makes up 43% of Australia’s solicitors”. With such weight behind tackling sexual harassment in the legal profession, it is hopeful that positive changes within the legal workforce will occur where victims and witnesses are empowered to report harassment and other inappropriate behaviours.

In breaking news, the Victorian Legal Services Board has launched an online tool for lawyers to report instances of sexual harassment. The user can elect whether to identify themselves or remain anonymous throughout the entire reporting process. They can provide as much or as little detail as they like and control how their report progresses, including determine themselves whether they make a formal complaint. The online tool can be found here.

In addition to the above the Victorian Legal Services Board website also contains resources and reports in relation to sexual harassment in the legal profession. It provides the following:

VEOHRC sexual harassment guideline for employers;
WorkSafe guide for employers on sexual harassment;
Guidance with making a complaint to VLSB+C about sexual harassment;
Sexual Harassment reports in the Victorian Legal Sector; and
Sexual harassment statement to the legal profession.

Solicitors having access to these resources allows for an integrated progression towards a future where sexual harassment is eradicated within the legal profession and society alike.

Our Co-Founder and Director, Danielle Snell sits on the Law Institute of Victoria’s Diversity Committee (Sexual Harassment Working Group) and is passionate about uniting the legal profession to make a real difference for women in the legal sector.

For a confidential discussion to discuss any concerns you may have and find out more about the complaints process available to those who have experienced sexual harassment and/or bullying in the workplace, please contact Danielle Snell.

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With us personally, it is just one more way we’re different.

Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

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Robert McGirr

CO-FOUNDER AND PARTNER

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"We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter."

Insurance Policy Holder

Home owner

Thank you to Danielle and Mark and the Elit team for all their hard work in acting for myself and my family against a large international insurer following a fire sustained at our home. We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter.

The work of Danielle and Mark was professional, consistent and to the highest standard throughout this process. I was so impressed by each of the team. It wasn’t just their exceptional professional work that left the impression, but more importantly, their interactions as good, decent, kind individuals. Thank you Elit for captaining this litigation ship throughout the tiresome journey! We really appreciate everything you have done for us. I hope and pray that each one of you has a share in some of the comfort you have provided my family in your own lives.

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"Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity. As a result of the action taken by Robert McGirr & Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. "

Defamation

Plaintiff

I was engaged to appear on behalf of a resident at an aged care home in a proceeding before the Tasmanian Civil and Administrative Tribunal (TASCAT). A false and defamatory email was sent by a senior executive of the home about my conduct at the hearing to a number of third parties.

The false statements contained in that email were serious and damaging to my reputation, and included amongst other things, an imputation of criminality, which if proven to be true, could have resulted in a term of imprisonment. Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity.

As a result of the action taken by Robert McGirr and Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. I could not have achieved this outcome without the assistance of Robert. I felt informed and comforted throughout the process and am very grateful for the early result that was achieved.

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"I was devastated when I learnt of a very serious defamatory publication made against me. I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings with anonymity."

Defamation

Plaintiff

I was devastated when I learnt of a very serious defamatory publication made against me.

I was concerned that bringing a Court proceeding would lead to widespread media reporting which would in turn repeat the allegations made against me and cause even more harm to my reputation because let’s face it – mud sticks.

I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings against the publishers with anonymity and be comforted that the defamatory content linked to my name would not be further spread.

I felt vindicated at the end of the matter and will always look back on the experience as a difficult one but knowing that issuing the court proceedings was what I had to do in order to achieve redress and restore my reputation.

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"When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me. "

Defamation

Lawyer and Business Owner

As a lawyer and business owner, I take our professional reputation seriously.

When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. Their calm, clear, and strategic guidance was exactly what we needed. They quickly understood the key issues and provided practical options that prioritised our values and professional standing.

I was impressed with their ability to get across the key issues and provide real life practical advice during this critical time which really centred around us and what was best for our business.

As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me.

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"My business was sued for defamation. The Eit team were able to pinpoint the weaknesses in the other side’s case and were able to resolve the proceeding on very favourable terms for us."

CEO

Medical Industry

My business was sued for defamation and my insurance company appointed Aggie, Danielle, Robert and the Elit team to act in my defence of the proceeding.

I was astounded by the fact that the Eit team were able to pinpoint the weaknesses in the other side’s case and after bringing an interlocutory application on my behalf, they were able to resolve the proceeding on very favourable terms for us.

I felt informed and comforted throughout the process and am very grateful for the early result that was achieved.

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"I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives."

Director

ASX Listed Company

Danielle and team acted on behalf of myself and my fellow directors of an ASX listed company in the Supreme Court of Western Australia involving repeated attacks and defamatory content being posted about us on a forum website. The third party website operator was also joined to the proceeding.

Given the personal attacks made against me and my fellow directors, it was a difficult situation over an extended period and I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives to have the content removed and undertakings that no future defamatory content would be published by the person involved.

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