Gavin Carney – GC Powerlist
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Australia 2019

Transport and infrastructure

Gavin Carney

General counsel and company secretary | Australian Rail Track Corporation (ARTC)

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Australia 2019

legal500.com/gc-powerlist/

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General counsel and company secretary | Australian Rail Track Corporation (ARTC)

Reporting directly to the CEO and chairman of the Australian Rail Track Corporation (ARTC), Gavin Carney is the general counsel and company secretary of the company with responsibility for the...

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About

What are the most important transactions and litigations that you have been involved in during the last two years?

The GC division has implemented a dispute resolution protocol with major ARTC customers. The protocols have been extremely successful and have resulted in a significant reduction in litigated matters – this is a good commercial result for ARTC and our customers.

At any given point in time there is a major transaction occurring at ARTC. That’s why ARTC is a great place to work. It’s dynamic and fun.

What do you predict will be the biggest change in the legal market in your sector over the next few years?

There are fundamental structural changes and opportunities around the corner.

First, the big external law firm model is being challenged. It is expensive and it doesn’t always meet the needs of the new generation of lawyers, and often customers. There will be a move to small, agile legal models – workplaces will not be static.

Secondly, high-end legal work is being challenged by the one-stop-shop accounting firms. The “top four” accounting firms have a deep insight into customer needs because of their one-stop model and huge leaps in R&D and technology systems. The young future lawyer will be very attracted to this work space.

Thirdly, digital transformation and aligning legal services to the emerging corporate digital vision is a big challenge for the legal profession generally. Digital transformation will have a fundamental impact on the profession.

What are the most important considerations you have when recruiting new team members?

Values, diversity and cultural fit. The general counsel division is made up of 17 personnel including lawyers, auditors, an insurance and claims manager and the company secretariat office, and we are proud of the diversity within the division. Once a month the division meets in person to discuss work streams; business initiatives and business updates. At the start of each meeting a member of the division presents on one of the four company values. The company values and company culture underpin our behaviours and our success. Each member of the division works very hard to uphold the values of the company.

It’s for this reason that I ask at the beginning of any interview: “What values are most important to you?”.

How have you attempted to bring the legal department closer to your business colleagues?

ARTC is a national company with offices across Australia. To meet business needs the general counsel division implemented a collocated framework. The lawyers and auditors are located in the business in each state. To maintain independence from the business they report back to the general counsel which has a direct reporting line to the CEO and the ARTC board chairman. While independence from the business is critical (with reporting lines back to head office) the collocated model provides the business streams with direct access to the lawyers and auditors and each then has a better understanding of company needs. It’s also far more exciting for the team to be part of the decision making processes.

What “legal tech” products do you currently utilise, and do you foresee implementing more of these in the near future?

The general counsel division is currently rolling out the Plexus Nexus Gateway across the ARTC business. Plexus is a legal automation services corporation and the Legal Gateway will provide a number of tools to the general counsel division and the broader ARTC business to deliver faster, better and more cost-effective legal services. Key benefits of Legal Gateway include contract automation, matter management, productivity tools and storage, search and contract lifecycle management.

If you had to give advice to an aspiring in-house lawyer or general counsel what would it be and why?

To go for it! It’s exciting, challenging and no day is ever the same. I moved in-house 13 years ago and I don’t regret a minute of any day. If I was to give any advice it would be to closely examine the culture of the company and the make-up of the team you are joining. A positive respectful culture, and a dynamic intelligent agile team is a must.

Focus on… sharing knowledge

Companies are made up of different business units. Great success flows when those business units work well together – as a general counsel support division, how do we do this?

First, we build and retain talent by providing exciting continuing learning opportunities for members of the team. Corporate knowledge is then retained and the business unit receives the benefit of that knowledge. For example, we encourage our staff to get involved with new technology – such as attending tech courses or coding camps. This is all part of the necessary tool kit for the general counsel division to deliver its services. Right now one of our graduate lawyers is working with the Plexus team to implement and deliver Plexus. The graduate lawyer is essentially the project manager – a hands-on tech role.

Second, by collocating the division across the business we are better able to share ideas and information. This encourages innovation (and disruption) in the delivery of our services to the business. We are always looking for new ways to deliver our services.

Third, we are always working on building positive relationships – with the business units and our external advisers.

In early 2019 we piloted a new idea of cross secondment. We sent a staff member to work in the Sydney office of one of the organisations key legal advisers. The staff member received some great professional experience, which she brought back to the team, and the external adviser had a better understanding of the needs of our business. This was a very successful initiative and we will definitely do it again.

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Gavin Carney

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