By Kishor Napier-Raman and Stephen Brook
By now, gallons of ink have been spilled in this column on the wagging tale of Oscar the cavoodle, subject of a successful defamation suit by his barrister owner, Gina Edwards, against Nine (owner of this masthead). Edwards is locked in a lengthy legal falling-out with her former lawyer, Rebekah Giles, over her $1.2 million in legal costs.
Now, matters have escalated after Edwards, acting for herself, filed a statement of claim this week against the high-profile solicitor and her firm Giles George, alleging that her former lawyers were professionally negligent and engaged in misleading and deceptive conduct in relation to costs agreements made before the initial proceedings against Nine.
Left: Gina Edwards and Oscar after she won her defamation case against Nine. Right: lawyer Rebekah Giles.Credit: Janie Barrett, Steven Siewert
Edwards alleges her lawyers should have provided her with a timely and accurate costs disclosure, and accused them of making misleading representations about firm entitlements and failing to act in her best interests.
She also alleges the lawyers engaged in misleading and deceptive conduct in their representations to her about the nature of the costs she would eventually receive. With the dispute ongoing, Edwards is yet to receive her legal costs.
The legal filing, seen by CBD, also includes a laundry list of bombshell claims made by Edwards, who accuses her lawyers of engaging in bullying, coercive or intimidating conduct.
In her statement of claim, Edwards alleges that before a final Federal Court hearing in the defamation case, her solicitor told her “if Edwards did not follow the rules of cross-examination, Giles would ‘pull her ear’”.
“During Edwards’ cross-examination, Edwards noticed Giles staring at Edwards and pulling her ear,” the statement of claim says.
Edwards also accuses Giles of shopping online for clothes during the Federal Court hearing.
Edwards is claiming aggravated damages, pointing to the lawyers’ “high-handed and oppressive conduct, including bullying, dishonest representations.” She also wants a declaration that her costs agreements with Giles George are void, and further compensation under Australian consumer law.
Meanwhile, a complaint made by Edwards about Giles to the Legal Services Commissioner last year, which was referred to the Law Society for investigation, remains open.
The Herald does not suggest the allegations are true, only that they have been made.
Giles and her firm are yet to file a defence, and the matter is listed for a hearing in October. In a statement, the firm told us: “We reject the allegations Ms Edwards makes. She makes them without being represented by a lawyer and apparently to seek publicity for herself outside the court process.
“We reserve further comment until we have had the opportunity to defend the allegations in court.”
All of this means that Oscar is fast bringing the most famous media canine representation since Johnny Depp’s Pistol and Boo.
Stop the (s)teal!
When teal independent Nicolette Boele narrowly lost the northern Sydney seat of Bradfield at the 2022 election, she began calling herself the electorate’s “shadow member” as she geared up to fight again three years later.
Now, Gisele Kapterian, who lost the seat to Boele by just 26 votes at the May election, has gone one better, first taking legal action, and now, showing up in parliament for the first sitting day, where CBD’s spies spotted her lurking at Aussies cafe.
Was she measuring the drapes or simply manifesting? Neither. We hear she was in town for non-political purposes. Although what other reason is there to visit Canberra?
Also spotted clicking around the corridors of power in her heels was Kapterian’s old boss, former deputy Liberal leader Julie Bishop.
JBish joked she was “just passing through” – entirely plausible, given her many hats as principal of Julie Bishop & Partners, chancellor of Australian National University, United Nations special envoy to Myanmar and sometime ambassador for retail chain David Jones.
“I was delighted to witness Sussan Ley assume her leadership role – a landmark in Australian politics and a defining moment for the Liberal Party,” she told us.
Former deputy Liberal Leader Julie Bishop (right) dropped in on new Liberal leader Sussan Ley.Credit: Instagram
That could’ve been Bishop’s landmark, but the Liberal blokes wanted Scomo instead.
Dee Madigan, executive creative director and co-founder of Labor-friendly advertising agency Campaign Edge, was also spotted at the opening of parliament, accompanied by her son, Peter.
“I am actually taking my son who’s in his final year at ANU … I have never been to an opening of parliament before and I thought this would be a nice one to be at … two seconds, I have to hug someone …”
That someone turned out to be Claire Clutterham, the freshly minted MP for Sturt in South Australia, who was promptly invited out for a beer, but replied she was needed in the chamber until 8pm.
“Just leave early,” urged Madigan, who was invited by Labor’s national secretary and election mastermind Paul Erickson, “no-one will notice.”
With 94 members on the Labor benches, we can see her logic.
Racing stripes
This week, CBD brought word of an impending showdown between warring factions vying for control of the Australian Turf Club, which has been ripped apart by the failed plot to sell off Rosehill Gardens racecourse for $5 billion as part of the Minns government’s housing plan.
On Monday evening, opponents of the Rosehill plan, already successful in frustrating NSW Premier Chris Minns, cemented control of the club after barrister Tim Hale won a narrow boardroom vote for the position of chair.
That role was vacated by former Nationals minister Peter McGauran, who fell on his sword after failing to sell the Rosehill plan to the club’s members.
As CBD reported, whether McGauran could vote for his successor was the subject of conflicting legal advice. It never came to that, as Hale won with swing vote Caroline Searcy standing alongside him and getting the vice-chair gig. In a statement, the ATC maintained that McGauran was still a board member.
Hale’s victory was a rebuke to the club’s old leadership and to Racing NSW boss Peter V’landys, who found in the ATC a group of Sydneysiders he couldn’t successfully bend to his will.
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