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Indonesian lawyer accuses Canberra law firm of stealing clients
An Indonesian lawyer seeking to take over an Australian class action has made several sensational allegations against a Canberra firm, including a claim its lawyers used intimidation to “steal” her client.
Naomi Neilson
Appearing before the Federal Court of Australia on Wednesday (6 December), Indonesian lawyer Lisa Hiariej accused Ken Cush & Associates of allegedly taking her clients by “lying” to them about her.
The settlement was reached without admission.
Ken Cush & Associates has been representing Ali Yasmin, an Indonesian man who was allegedly detained at the age of 13 in a West Australian adult prison when he arrived by boat in 2009.
The firm alleged the Commonwealth used an “unreliable” wrist x-ray to class minors as adults and then prosecuted them as adults.
Ms Hiariej, who told the court she held a practising certificate with the NSW Law Society, said she attempted to have the case heard herself in an Indonesian court but was rejected over a jurisdictional issue.
She claimed she learnt of the class action “much too late” and, in addition to a request for documents, told the Federal Court she would need until the end of March next year to prepare.
As part of this application, Ms Hiariej said her clients did not want to be represented by Ken Cush & Associates and “wish to keep their information confidential” and out of the firm’s reach.
She then alleged a lawyer with Ken Cush & Associates “came with an international human rights lawyer and took my client” in 2015.
Ms Hiariej alleged the firm “lied” to the client about her.
“They are coming, stealing my clients, they are intimidating me. I have already reported them to the police,” Ms Hiariej claimed.
Counsel for the class action, Anthony Strahan KC, rejected the claims.
“It is unsatisfactory to come to the court at this late hour with what I will describe as scant and poorly prepared material and then to make allegations and admissions not supported by evidence whatsoever.
“It belies belief,” Mr Strahan said.
Mr Strahan said he was also concerned about the “long adjournment” request and urged the court to refuse Ms Hiariej’s application.
“You’ve got the flimsiest application from a person of largely unknown prominence representing people she has not disclosed,” he said.
Justice Christopher Horan said it was likely many of her clients could be defined as group members and would not need to be included in the proceeding because they would be covered by any orders.
In terms of representing her own clients, Justice Horan told Ms Hiariej it was “a bit late in the day”.
“The proceeding has been brought by the lead applicant who has engaged lawyers for that purpose on behalf of the group, and it is very late in the day for a suggestion for another representative to suggest to represent some or all of the group,” Justice Horan said.
Justice Horan dismissed her application.
Turning to the settlement, Mr Strahan pushed to have the court approve a $100,000 figure for Mr Yasmin, noting that while it may be an “unusual” amount of money for a lead applicant, this case has been a “particular burden” for Mr Yasmin and his family.
Mr Strahan said in agreeing to the settlement figure, Mr Yasmin gave up part of his compensation claims.
“It is fair to say his experience is not analogous with the experiences of other applicants Your Honour would see in other cases.
“I went to Indonesia at some point … and it did come home to me at that point how foreign this process was to him and what an enormous burden it would have been for him to put his life in the hands of Australian lawyers,” Mr Strahan submitted.
Justice Horan questioned whether the “different economy” would justify Mr Yasmin receiving less, given a “lower sum may be more significant in this circumstances” than if the same amount was given to a lead applicant in an Australian shareholder class action.
Mr Strahan said this would be like giving less to someone because they live in a remote community and not in Sydney.
“The fact the money won’t go as far because you live in an expensive place is not factored in, nor would it go further because you live in a cheaper place,” Mr Strahan argued.
Justice Horan has reserved his decision.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
