Mastering the art of law
NORMAN SAME INTERVIEWS MARK LEIBLER, SENIOR PARTNER OF ARNOLD BLOCH LEIBLER
LAW was not my initial goal as I wanted to be a doctor. But then one day I saw a rather messy accident, so I decided a change was necessary. After matriculating from Mount Scopus College in 1960, I went straight to study law at the University of Melbourne.
Perhaps unusual for this day and age, I am still in my very first job. After finishing my articles with the late Arnold Bloch, I obtained my master of laws from Yale University.
On returning, at the age of 26, I rejoined Arnold and became the second partner of the firm. While Arnold advised on tax and commercial matters, the rest of the firm was mostly engaged in property ­conveyance.
The practice of law was very different from today. There were no fax machines and copiers were primitive. We produced agreements by physically cutting out offending parts, producing new clauses, pasting on a piece of paper with the new clauses and photocopying the document. There was not a computer in sight. Arnold Bloch was my earliest influence in the law. He taught me one vital thing -— the key to success in any service industry was being responsive and timely, including returning client calls promptly.
And I follow this advice today. It was also through him that I developed my fascination for trusts, which was really the origin of my career in tax. Writing articles for various journals, I soon realised that, regardless of what textbooks and statutes say about taxation, an understanding of how the taxation commissioner applies the law -— whether right or wrong -— is more important than being a “black letter” lawyer.
Getting inside the mind of the Australian Taxation Office (ATO), including its concerns about public policy, political pressures, revenue and future flow on effects, is the key to a successful tax negotiation. Dealing with the ATO is a people-based approach, involving knowing who you are dealing with, the right time to be tough and, most importantly, when it’s right to take a stand. I have huge respect for people at the ATO -— from the commissioner to the many auditors -— and I really enjoy the negotiation side of my work with them.
For some time now, the law has been unaffordable to some sectors of the community. This is why Arnold Bloch Leibler has always placed great importance on our pro bono work for a range of Jewish organisations, and also Australia’s indigenous ¬≠people. I have no thoughts of retiring. I remain fully committed to my legal practice and also continue to pursue my other passion -— community interests.
In this regard, I was primarily influenced by my mother, who led Emunah Australia for decades, my late father, who was the head of Mizrachi and president of the Victorian Jewish Board of Deputies, and my brother, Isi, who was heavily involved in communal activities. We all thought it important to give back to the community. I empathise strongly with the disadvantaged indigenous people of this country, who, as the first Australians, suffer terribly. I am motivated by their historical plight, which has parallels with that of the Jewish people, thus my work with Reconciliation Australia.
I am national chairman of the Australia/Israel & Jewish Affairs Council, which performs a unique public policy role. While not representing Israel, it explains Israel’s policies and many other issues of Jewish concern to a wide range of public policy makers. Much of this work requires extensive travel. My role as chairman of the World Board of Trustees of United Israel Appeal takes me to Israel a minimum of three times a year, which also permits me to regularly see my son, daughter-in-law and four grandchildren, who live in Jerusalem.
The other benefit of travelling extensively through business and community work is that I keep up to date with what is happening around the world. The global financial crisis in Australia has seen a freezing up of credit and asset values have diminished. But it is not all doom and gloom. While difficult to predict when, the initiatives that are being taken globally, such as governments printing money etc., will eventually bring about a recovery.
While Israel has a robust economy, it will no doubt suffer from the impact of the global financial meltdown. Already we have seen interest rates in Israel drop to historic lows. Growing unemployment -— a global phenomenon that no-one is going to escape -— is inevitable. Some economies are going to suffer more than others. Through business and community involvement, I have had the opportunity to meet a variety of fascinating people. I have known every Israeli prime minister since Menachem Begin and every Australian prime minister since Gough Whitlam.
I held Yitzhak Rabin in high esteem, and I also greatly admired Yitzhak Shamir. He knew how to say nyet — no — when I think Israel needed that approach. And among Israel’s PMs, I have particular empathy for Ehud Olmert, who I have known for some 30 years. Of Australia’s PMs, while all very different, I have great regard for Kevin Rudd, John Howard, Paul Keating and Bob Hawke. While Malcolm Fraser, during his term as prime minister, was very supportive of the Jewish community and a strong friend of Israel, he has changed to a point where he appears a very different person today.
Norman Same is director of KNP Solutions
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