RSL law firms lock horns
A LAW firm representing a woman trying to sue the Townsville RSL Club over its members’ draw prize acted for the club for more than 90 years until last December.
RSL’s current representation Donnie Harris Law has applied for Roberts Nehmer McKee Lawyers to be removed as Suzanne Woods’ counsel, arguing the firm has a conflict of interest.
Ms Woods’ lawyers filed a statement of claim with the Townsville District Court in February stating she went to Lavarack’s Restaurant on December 2 to enter the $ 27,000 prize draw.
Ms Woods claims her name was drawn at 7pm but the club allegedly “failed to announce in the restaurant the name”, which was a “breach” of the draw conditions. Lawyers for Townsville RSL have filed a defence, denying that any conditions were breached.
Townsville RSL COOLERCOOL weather is on the way with the chance of temperatures in the single figures in Townsville and the region this weekend.
This morning’s temperature was expected to drop to a chilly 11C in Townsville with more blue skies and cool weather to come over the next three days.
Townsville Bureau of Meteorology forecaster Mario Torrisi said the region was experiencing below average temperatures with minimums potentially dropping to 9C in coming days before the weather warms up again on Sunday.
Mr Torrisi said early morning temperatures at Herveys Range had already fallen to 6.4C this week and were expected to drop to below 6C.
“Places like Ingham and Ayr could get down to 9C over the next three mornings and we should see below average minimum temps around 10C in Townsville but it could drop to 9C on one of those mornings,” he said yesterday. “It’s due to a low pressure system off the NSW coast which is pushing drier air into the northern tropics.”
Mr Torrisi said the average minimum temperature for June was 14.6C with an average high of 25.6C, but the city could expect below average maximum temperatures of about 24C for the next few days.
“From now until Sunday we are looking at blue sky conditions. On Sunday we expect to see some cloud cover with a slight chance of a shower or two but we are not suggesting rainfall of any significance,” he said. general manager Karla Malouf has lodged an affidavit with the court, saying Roberts Nehmer McKee Lawyers was told in December that its retainer to act for the club had been terminated after 93 years.
“At the time of filing the statement of claim, Roberts Nehmer McKee Lawyers still held various safe custody documents, archived and current, filed on behalf of the defendant,” she wrote.
Emails between the law firm and Donnie Harris s Law were included with the affidavit. On March 3, Donnie Harris wrote to the firm, requesting it cease acting for Ms Woods.
“We are instructed that it was your firm that drafted the terms and conditions of the game which are relevant in the proceedings currently commenced by the plaintiff,” he wrote.
Roberts Nehmer McKee Lawyers managing partner Philip Askin replied to the em email on March 6, saying there was no conflict of interest. He wrote that his firm had initially written to Townsville RSL on December 16 and had received correspondence from Donnie Harris Law several times in December and February.
“Throughout the entire course of this correspondence and the pleadings to date, your client has not raised any allegation of conflict of interest,” he wrote.
“To raise this now calls into question the bona fides of your client in doing so.”
Donnie Harris filed an affidavit with the court on May 30, saying he had written to Roberts Nehmer McKee Lawyers partner Malcolm Fisher to request an affidavit that outlined the chain of custody of the 73 files relating to Townsville RSL.
He wrote that Mr Fisher replied the request was “unreasonable”.
The matter has been adjourned for hearing on a date to be set.