Mark Livesey

Mark Livesey, Australia's national bar leader on Justinian's Couch ... The pressing issues confronting barristers ... The role of the ABA ... Personal tastes, likes and dislikes laid bare 

ABA president Mark Livesey - "Kind of Blue"

Mark Livesey QC is the 2014 president of the Australian Bar Association.

Before that he was vice-president, and before that treasurer, of the ABA. 

He has also been a former president, vice-president and treasurer of the South Australian Bar Association. 

He's done stints as a director of the Law Council of Oz and as a member of the SA Bureau de Spank.

Mark Livesey has Adelaide imprinted on his soul. He's been honed by Pulteney Grammar School, the University of Adelaide and years of watching the Crows. 

Pulteney also gave us SBS soccer guru Les Murray, bass-baritone Peter Dawson and SA judges John Sulan and Ted Mullighan. 

Mark Livesey has one of the most comprehensive biographical details ever found on a chambers' website - with the listing of 64 items of principal litigation, 25 papers and 21 official positions and posts. 

We're pleased to get him in a prone position on Justinian's couch. 

Describe yourself in three words.

Optimistic, energetic, inquisitive.

What are you currently reading? 

A brief. Just finished "Zealot" by Aslan. Grisham got a hammering on the beach over summer.

What's your favourite film?

That's hard. Almost anything by Stanley Kubrick ("The Shining"), Anthony Minghella ("The English Patient") or Sam Mendes ("Skyfall") and, of course, "The Verdict" and "The Castle".

Who has been the most influential person in your life? 

My Dad.

What is your favourite piece of music?

Too hard! Anything on "Kind of Blue" by Miles Davis, "Never Tear Us Apart" by INXS or the "Schindler's List" soundtrack. 

What is in your refrigerator? 

Our boys claim that there's nothing.

Why do you live in Adelaide?

I'm lucky to have a choice. I've been able to do the work I want in or from Adelaide.  It's an easy place in which to live: great people, restaurants, wine and beaches.

What do you recommend as a hangover cure?

Watching school sport.

What words or phrases do you overuse?

"Yes" (familiar to many barristers).

Was there an important opportunity that you didn't take?

Yes. 

Why did you want to be a barrister? 

I didn't at first. I was halfway through law school before I worked out I really wanted to be a lawyer. I then decided on litigation, working in court, because it seemed interesting. I've never regretted it.

What has been your most memorable case?                                                           

The Bond litigation.

What are the important issues facing Australian barristers? 

Barristers are grappling with an Australian justice system that is not working as well as it could. Some parts are crumbling through years of neglect - barristers see this daily. 

The criminal bar is under threat from hopelessly inadequate funding of the criminal justice system, and many in civil work are finding it tough after repeated legislative cuts to the rights of various claimants. An issue for the junior bar is honing court skills when there are fewer cases running to hearing or trial. 

Barristers are well placed to assist with reducing the cost of litigation by identifying what is relevant and important in a case, including by giving clear advice right at the outset. Barristers are reluctant to make clear what they can offer.   

What does the Australian Bar Association do? 

The ABA regularly speaks on behalf of the Australian bar, to the media as well as to governments and politicians and bars overseas. 

We assist in coordinating the education and advancement of barristers. Because it is made up of members of each state and territory bar the ABA can see what is being done well and what needs improvement, and to help coordinate that improvement.

The ABA led the introduction of uniform barristers conduct rules across Australia, and is working at bringing greater uniformity to professional development rules, and the rules regarding the education and training of barristers. 

We have held many conferences over the years. The next is in September 2014 and will coincide with an advocacy conference in Malaysia and demonstrate what the Australian bar can offer the Asian market. In June-July 2015 there will be an ABA Conference in Boston, looking at developments in North America. 

What's your most glamorous feature?

My wife and my daughters, Ruby and Ava.

If you were a foodstuff, what would you be?

According to my older children, a mushroom.

What human quality do you most distrust?

Bombast.

What would you change about Australia?

I'd like to see better focus on educating and training Australians better ... or perhaps just another run of Crows premierships in the AFL.

What would your epitaph say?

"The best is yet to come" ... or something from Python, "He's not dead, he's only resting".  

What comes into your mind when you shut your eyes and think of the word "law"? 

Immediately? My desk. Eventually, the ways it can help.