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[thomasjmortimer]

Engineers Australia

I was previously responsible for developing and advancing a climate change policy agenda for Engineers Australia - the national peak body for the engineering profession. My role encompassed policy development, submission writing and contributing to media and other public-facing outputs.

Op-eds

Back climate smart engineering to build on COP optimism (originally published in The West Australian)

Media releases

IPCC report: Governments must bring engineers to the table to combat climate change

Engineers Australia backs net zero commitment, calls for bold near-term action to match

Engineers Australia climate change position statement released

Submissions

Commonwealth consultation on the Low Emissions Technology Statement 2022

Commonwealth 2022-23 pre-budget submission (’Beat climate change’, pages 8-9)

Commonwealth Safeguard Crediting Mechanism consultation

Climate Change Authority review of international offsets consultation

Clean Energy Regulator Corporate Emissions Reduction Transparency report consultation 

Other

COP26 summary (co-author)

Australian Engineering Employment Vacancies: July to December 2021 (co-author)

Organisation position on climate change: public consultation draft

Supporting information

[thomasjmortimer]

NSW Small Business Commission

In 2018 and 2019, I played a lead role in delivering the NSW Small Business Commission’s broad and successful advocacy program. I authored and oversaw the Commission’s policy submissions and contributed to various other works, including:

Speeches

NSW Parliament Joint Select Committee on Sydney’s Night Time Economy (Commissioner’s opening statement, pages 48-49)

Australian Parliament Inquiry into the Operation and Effectiveness of the Franchising Code of Conduct (Commissioner’s opening statement, page 9)

Submissions - business codes and regulatory reform

Australian Parliament Inquiry into the Operation and Effectiveness of the Franchising Code of Conduct

Commonwealth Franchising Taskforce issues paper

Independent review of the Food and Grocery Code of Conduct: general consultation

Consultation on draft report

Consultation on final report

NSW Government ‘Better business reforms’: general consultation

Consultation on implementation options

Submissions - night time economy and music industry

NSW Parliament Joint Select Committee on Sydney’s Night Time Economy

Supplementary submission

City of Sydney late night trading plan review

Review of the Code of Conduct for Copyright Collecting Societies

NSW Parliament Inquiry into the music and arts economy in NSW

ACCC proposed reauthorisation of APRA: general consultation

Consultation on draft determination

Submissions - competition and fair trading

ACCC proposed collective bargaining class exemption: general consultation

Consultation on preliminary decision

Financial Services Royal Commission response - extending unfair contract terms to insurance

Regulation impact statement - franchise relationships between car manufacturers and dealers

NSW Government proposed amendments to Fair Trading Regulation

ACCC inquiry into foreign currency conversion services

Submissions - other

Commonwealth review of unfair contract terms protections for small businesses

Commonwealth payment times reporting framework consultation

Commonwealth ‘Modernising business registers’ consultation

ACCC consultation - consumer data right in energy

NSW Government ‘Planning for the future of retail’ consultation

Other

Annual Report 2018 (‘Message from the NSW Small Business Commissioner’, ‘Real benefits for small businesses’ and ‘Bringing the indoor out’)

News: Switch to single touch payroll 

[thomasjmortimer]

Tenants Union of NSW

In 2015 and 2016, I worked as a Policy Officer for the Tenants Union of NSW - the state’s peak body for renters. I was a regular contributor to the organisation’s various publications throughout my tenure:

Tenants.org.au

Five key changes to Social Housing laws

The Brown Couch

2016-17 NSW budget series

Part 1 - Extra duties for foreign purchasers

Part 2 - Social Housing funding

Part 3 - Homelessness funding

Part 4 - Private rental subsidies

NSW complaints register a no-win for tenants

Asbestos testing, compensation for tenants

Update

Frustration or breach for Lidcombe tenants?

Residential Tenancies Act statutory review series

Part 1 - Inspections and privacy

Part 2 - Repairs and rents

Part 3 - Tenants’ services funding

Which Optus-approved renter are you?

The pointy end of unaffordable housing

Top tenant ‘mistakes’ include knowing the law

Whose price is right?

Ignored NFP Bill deserves our attention

Striking back

Strata legislation reform series

Part 1

Part 2

Caution following REI’s lead over rent drop

GST hit-ups stifle more valuable conversation

Clearing House

Affordable Housing at Lachlan’s Line, Macquarie Park

Affordable Housing in Armidale

Sales of Millers Point properties

Redevelopments in Northern Sydney

North Shore spot sales 

Update

NSW Government Social and Affordable Housing Fund shortlist

Estate renewal study for Airds-Bradbury

Olympic Park-Bridge Housing management partnership

No new Social, Affordable Housing for North Eveleigh

Telopea redevelopment overview

Social and Affordable Housing Fund update

Affordable Housing projects in inner Sydney

The Bays Precinct - Social and Affordable Housing

Update

$1bn Social and Affordable Housing Fund announced

Major redevelopment of Waterloo

New details about Communities Plus

Cowper Street sale, development announced

Redevelopment of Macquarie Park, 2016-18

Update

[thomasjmortimer]

Tenancy law under review

First published in Alternative Law Journal vol 41(1), April 2016. Original available here.

A comprehensive review of the Residential Tenancies Act 2010 (NSW) (‘the Act’) is underway, representing a major opportunity to reform the primary instrument regulating the landlord-tenant relationship in NSW.

The review is a creature of statute. The Act requires the Minister responsible — currently the Minister for Innovation and Better Regulation — to review ‘whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives’ five years after assent.

The Act does not state its policy objectives. However, on 29 October 2015, Fair Trading NSW published a discussion paper concerning the review. The paper states that the object of the Act is to balance the interests of landlords and tenants; ‘Landlords have a right to ensure their investment is protected and can generate reasonable returns. Tenants are entitled to suitable housing and reasonable rights to enjoy their home and not be evicted without proper notice.’ To this end, it raises 42 questions concerning the function of discrete components of the Act. The paper does not consider the function of Part 7 of the Act — the provisions of which relate exclusively to social housing tenancies. The contentious changes to the Act made in October 2015 by the Residential Tenancies and Housing Legislation Amendment (Public Housing-Antisocial Behaviour) Act are within Part 7.

Submissions to the review closed on 29 January 2016. The Tenants’ Union of NSW made a submission including responses to all questions raised in the discussion paper. The basis of the submission is that the Act should be reformed to provide tenants with increased stability, liveability, and affordability. Most importantly, a landlord should not be able to terminate a residential tenancy agreement without a valid reason. The capacity of a landlord to terminate without grounds seriously undermines stability for tenants, and acts as a disincentive for tenants to enforce other rights against the landlord. To increase affordability, a landlord should not be able to increase the rent more than once every 12 months. The provisions concerning applications to NCAT for orders that a rent increase is excessive also require reform. When a rent increase is higher than the CPI increase since rent was last set, the landlord should be required to demonstrate that it is not excessive. For increased liveability, NCAT should have capacity to find a landlord in breach of the obligation to maintain a property in a reasonable state of repair even though he or she has acted with reasonable diligence to carry out repairs. Increased stability, liveability, and affordability is especially important given both the growing number of tenants in NSW overall, and the parallel rise in tenants renting long-term or indefinitely.

Submissions were also provided by Tenants’ Advice and Advocacy Services, community sector peak bodies, political organisations, trade unions, and community housing providers.

At the time of writing, it is unclear what further consultations will take place. However, a report on the outcome of the review must be tabled before both houses of Parliament by 17 June 2016. All in the social justice sector are strongly encouraged to watch for the report and any resulting policy outcomes.

[thomasjmortimer]

Tenants’ bond money should work also for tenants

First published in Global Tenant - International Union of Tenants’ Quarterly Magazine, January 2016. Original available here (at page 6). 

For over six months, the Tenants Union of New South Wales has been campaigning for an increase in funding for the 19 Tenants’ Advice and Advocacy Services operating across New South Wales. These services are funded with tenants’ money, via the interest accumulated by bond money held by the Rental Bond Board. 

Much of this interest is retained by the Government in surplus. But tenants’ services have had no increase in real terms for over 12 years, despite a 25 percent increase in the number of tenants in the state over that time. And so the services are now stretched thin, forced to turn back those needing help on a regular basis. 

With the backing of over 1,500 supporters, the TUNSW took the campaign to NSW Parliament, formally presenting a petition to bring funding up to speed with the needs of the rental market in the years to come. 

The More Bang For Your Bond petition was presented in November at a special event at the NSW Parliament House. Tenants, Tenant Advocates and Members of Parliament came to voice their support. A dozen MPs attended, from across the political spectrum, plus many other advisers and representatives from legal, community and housing peak organisations.

However it was a tenant, Milly, who stole the show. She spoke about her experiences as a tenant and the importance of her local Tenants Advice and Advocacy Service, TAAS. Her speech hit home perfectly on the struggles of so many tenants and highlighted important areas for law reform. 

“A couple of years ago I was renting a house directly through the owner. We were on a periodic agreement when the owner fell ill and required the house back. He wanted to give us two weeks’ notice to vacate, so of course, we panicked. Finding a house in the Sydney rental market is challenging under the best of conditions. 

Tenant’s bond money should work also for tenants Text and photo provided by courtesy of the Tenants Union of New South Wales I called my aunt who told me about the Tenants Union, so I gave them a call. The friendly gentleman on the phone gave me some advice and told me there was more information on their website. The information contained told me that the minimum required notice was 30 days. Armed with this information I was able to negotiate with the owner so we weren’t going to end up homeless, which was a real possibility as I had just quit my job and my housemate was a casual waitress. 

Several houses and mishaps later, I was again renting a house and I had a falling out with my co-tenant. I gave her my four weeks’ notice but things got ugly and she refused to return my bond. The Rental Bond Board holds the bond for the whole house and don’t return portions of the bond to individual tenants. If one tenant leaves it needs to be negotiated between the two parties. So it felt that she suddenly had control of all my money. 

My local TAAS and Advocacy Service walked me through, step by step, how to communicate with the real estate agent, how to behave in such a way that I was in the right, when I should give my keys back, what to do about a condition report and documenting the house upon exit. TAAS gave me all of the tools that I needed to get my bond back and because of their handholding I was able to successfully retrieve my money.” 

Milly’s story is not uncommon. Her rental history is a cardboard cut-out experience shared by many other tenants around NSW and throughout Australia. “I have trouble imagining how people manage these issues without the support of the Tenant Union and Tenants Advice and Advocacy Services and I cannot state strongly enough how vital they have been as my aids through the rental world, said Milly”.

[thomasjmortimer]

NSW housing law reform in 2015

First published in Alternative Law Journal vol 40(4), December 2015. Original available here.

Spring has been a busy period in NSW housing law. Perhaps most prominent was the Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Bill 2015 (‘the Bill’). This was introduced into parliament without prior consultation, and was the subject of concerted efforts from community organisations and legal bodies to have it withdrawn or substantially modified.

The Bill was assented to on 22 October, with some amendments, and is expected to commence in early 2016.

Its wide-ranging provisions will diminish the NSW Civil and Administrative Tribunal’s (‘NCAT’) decision-making capacity, and profoundly impact the lives of many social housing tenants. Most notably, the Bill will require the Tribunal to terminate a social housing tenancy in most instances where it finds the residence has been used for an illegal purpose. At present, NCAT may consider all circumstances in this deliberation.

The Bill also establishes a system of ‘strike notices’, issued by social housing providers to tenants who commit minor breaches of their tenancy agreements. The provider may issue a notice of termination instead of a ‘third strike’ within 12 months, and the Tribunal’s ability to consider evidence of strikes will be diminished in termination proceedings. (For further details, see Chris Martin’s Brief ‘One Strike Evictions’, in this issue.)

The NSW parliament also passed major reforms to strata law, in a dual package of bills.

Of the two Bills passed, the Strata Schemes Development Bill 2015 has attracted the most controversy. This will allow a strata scheme to wind up with the agreement of 75 per cent of lot owners. At present all must approve. This will allow lot owners in more valuable suburbs to force the vulnerable and elderly into reluctant sales or redevelopment, without sufficient recompense to buy back into the area.

The Strata Schemes Management Bill 2015 has been less contentious. Many of its reforms are positive for tenants who live in strata schemes. For example, in schemes where more than half the lots are rented, tenants will be able to elect a committee representative — albeit to a non-voting role. However, while lot owners will be able to challenge harsh, unconscionable, or oppressive by-laws at NCAT, this option will remain unavailable to tenants.

The package passed on 27 October and is awaiting assent.

The long awaited Residential (Land Lease) Communities Act 2013 (NSW) was enacted on 1 November 2015. This represents comprehensive change to the regulation of residential parks, affecting both site owners and renters. For instance, site fee increases must now be written into site agreements, or increased no more than once a year.

Finally, on 29 October 2015, NSW Fair Trading published a discussion paper on the Residential Tenancies Act 2010 (NSW) (‘the Act’) — the primary instrument regulating the landlord-tenant relationship in NSW. This is part of a statutory review to determine ‘whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives’.

The paper notes that the changes canvassed are neither exhaustive nor indicative of government policy. But many areas for discussion have already been identified as key areas of concern by tenants’ advocacy groups. Perhaps most important is the capacity of landlords to terminate a tenancy without grounds. This power destabilises all tenancies, as it discourages tenants from enforcing their rights. To rectify this power imbalance, it should be replaced with an expanded list of grounds for termination.

The discussion paper also raises the issue of adequate protection for sub-tenants – an important conversation given sub-tenants without written agreements are excluded from the Act in most cases.

Reforms to bolster privacy protections and limit rent increases are also mentioned.

Submissions are open until January, and a report is to be tabled in Parliament before 17 June 2016.

[thomasjmortimer]

Sweeping reforms to social housing laws

First published in Around the House no. 103, December 2015. Original available here (at pages 8-9).

October 2015 saw the passage through Parliament of the Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act (NSW), a contentious law affecting the landlord-tenant relationship in social housing. The Bill was introduced without prior consultation, and was the subject of pronounced criticism from community organisations and legal bodies. It was passed with minor amendments, and is expected to commence in early 2016.

Most notably, the Act will diminish the NSW Civil and Administrative Tribunal’s decision-making capacity, and reduce the evidentiary burden on social housing providers in Tribunal proceedings.

Most significant is the introduction of mandatory terminations. The Act will require the Tribunal to terminate a social housing tenancy in most instances where it finds the residence has been used for an illegal purpose.

At present, it may consider all circumstances in this deliberation, and decline where appropriate. For example, the Tribunal may find that a tenant’s partner used the property to sell prohibited drugs, but decline to terminate because the tenant was not aware of her partner’s actions, and the impact of termination on the tenant and her children would be severe. Or it may determine that the tenant was aware of the conduct, but unable to control her partner, and decline to terminate on that basis.

But under the scheme established in the Act, the Tribunal will typically be required to terminate on the basis of an illegal conduct finding – though the amendments establish limited exceptions for the particularly vulnerable.

The Act also establishes a system of three ‘strike notices’, issued by social housing providers to tenants who commit minor breaches of their tenancy agreements. A provider may issue a notice of termination instead of a ‘third strike’ within 12 months.

At the subsequent termination proceedings, the Tribunal’s ability to consider evidence will be diminished. If the tenant failed to make submissions to the provider’s internal review of strikes one and two, the Tribunal will be bound to accept the landlord’s evidence of those breaches.

The ‘strikes’ regime is intended to modify tenant behaviour without termination proceedings, and strongly resembles existing schemes in Queensland and Western Australia. There is no evidence that those schemes have had a deterrent effect. Researchers and news media have also raised concerns about their disproportionate impact on Indigenous households. The Tenants’ Union also believes the scheme encourages tenants to lodge complaints against one another rather than resolve disputes by communication, mediation, or other informal means.

The evidentiary burden will also be reduced in repairs matters. Tenants are liable for the reasonable cost of repairing damage to a residence that they cause, either directly or vicariously. Just what is ‘reasonable’ is often disputed, but the Act will bind the Tribunal to accept a social housing provider’s evidence of reasonable costs.

The precise scope and function of some powers will likely be determined by the Courts. And providers are sure to implement divergent policies concerning enforcement of their new rights. But it is beyond dispute that this is a law that will profoundly impact the lives of a great many social housing tenants in New South Wales.

[thomasjmortimer]

Macquarie Legal Centre meets with Shadow AG and local MP

First published in On The Record, Summer/Autumn 2015. Original available here. 

From just around the corner to the far reaches of the continent – our political class all want a piece of the capital of Western Sydney. And not just to talk marginal seats and middle Australia, either. Parramatta’s Macquarie Legal Centre recently hosted Julie Owens MP, the federal Member for Parramatta, and Mark Dreyfus QC MP, the federal Member for Isaacs (Victoria), Shadow Attorney-General, and Shadow Minister for Arts.

The tea and baklava sweetened what was an undeniably sour conversation about recent cuts to community legal services. Before the reversal of the funding cuts, Macquarie Legal Centre stood to lose $240,000 over two years, resulting in the disappearance of three positions – one family law solicitor, and one support worker in each of its Women’s Domestic Violence Court Advocacy and Children’s Court Assistance services. Mr Dreyfus threw his support behind the recent letter, signed by every State and Territory Attorney-General across party lines, opposing all cuts. He expressed particular concern at the scaling back of domestic violence support services.

Mr Dreyfus also conveyed a sincere appreciation for both the importance and the difficulty of the work performed by community legal centre employees.

Whilst staff were unable to go full Tony Jones and secure an assurance for reinstatement of funding upon a prospective change of government, Mr Dreyfus was optimistic that such an outcome could ultimately be achieved.

[thomasjmortimer]

Atletico Madrid stumble gloriously into Liga history

First published by The Roar, 19 May 2014. Original available here.

Atletico Madrid stumbled over the La Liga finish line in the end, no doubt exhausted beyond comprehension and with barely a team to put on the park.

Atletico Madrid were facing Barcelona at Camp Nou on the final day of the Spanish league season. With Atletico needing a draw or better to secure the title, and Barça a win, it was as close to a straight shootout for silverware as the conventional league format allows.

And for the club that has often sought to define itself by poetic failure, it all seemed to be tragically, predictably going the other way.

Diego Costa, Atletico’s talisman throughout this remarkable campaign, didn’t make it past 15 minutes through injury.

The second he declined the opportunity to chase a 50-50 ball, you knew he would have to depart. As if Costa would ever, could ever refuse a scrap if his body would allow it.

Only seven minutes later, Arda Turan, Atletico’s next best attacking player, went the same way.

A Barça side that has made a habit of winning titles over the past six years appeared to be remembering how it was done. That suffocating press and pass game had returned at the last second, ready to save the day for Catalunya.

Inevitably, Atletico fell behind as a remarkable near-post volley from Alexis Sanchez brought glory within touching distance for Barcelona.

It didn’t even have to come to this. Leaders throughout the final stages of the season, an Atletico win against the mediocrity of Levante or Malaga in the preceding fortnight would have secured the title and rendered the Camp Nou visit a victory lap, with the conqueror lording it over the conquered on his own turf.

Instead, a small squad, clearly running on fumes after a gargantuan season, spluttered to a loss and draw.

Costa sobbed on the bench with a shirt over his face, literally unable to watch. Nor could Turan hold back the tears when passing manager Diego Simeone as he was substituted. You could hardly blame them.

Yet they pulled together for one period of genuine dominance in the tireless bullying style that has served them so well. After David Villa agonisingly hit the post, Atletico’s other other Diego – Uruguayan defender Godín – headed home a corner early in the second half.

From there it was mostly a bus parking job to make Mourinho proud. Only substitute Sosa, on for another broken Colchonero in Adrián, showed any real intent to extend the ‘lead’.

It was ugly, tired, desperate football.

But the manner in which they ultimately secured the title hardly matters. This is a side that avowedly, dogmatically emphasises substance over style. Atletico Madrid got the single point they needed, and for the first time since Valencia a decade ago, a team other than Barcelona or Real Madrid is the champion of Spain.

Little has really changed in Spanish football – that is almost certain. The massive structural inequities in Spanish football ensure the Real Madrid-Barça duopoly has gone nowhere, and will almost certainly correct this anomaly in short order.

Wealthier clubs, too, are doubtless circling for Atletico’s best, and they will be hard-pressed to resist.

Incidentally, former Sevilla president José Maria Del Nido – perhaps the greatest proponent of increased financial parity in recent times – is currently disgraced, imprisoned, and set to remain so for the foreseeable future. This, I think, serves as a nice metaphor for the prospects of any systemic change.

While you wouldn’t dare discount them entirely, Atléti will be very hard pressed to do it all again in the Champions League final next week. They have clearly been drained for weeks now, and will remain so next Saturday. Costa and Turan look almost certain to play no part at all, while opponents Real Madrid have enjoyed a virtual week off.

But it is precisely for these reasons that this victory ought to be savoured. This is genuine sporting Cinderella stuff; unquestionably the most difficult, unlikely league title I can remember. And certainly the most enjoyable, from the perspective of someone who does not actually support the victor.

Bravo to Atletico Madrid’s three Diegos – Costa, Simeone, and ultimately Godín – for allowing it to be. And long live the sporting underdog.

[thomasjmortimer]

Mixed feelings from Europe’s cliffhanger finish

First published by The Roar, 28 April 2014. Original available here. 

As a supporter of a European side that has not won the league since before I was born, and is highly unlikely to come close in the foreseeable future, I am rarely too engrossed in what Sir Alex Ferguson memorably termed ‘squeaky bum time’.

The final dash for the title nearly always takes the form of a squabble among the usual suspects, or a simple procession. These are rarely occasions for the neutral to savour.

But this season could hardly be any more different. This year, I find myself utterly captivated by both Liverpool FC and Atlético Madrid, which occupy the would-be champion’s positions in England and Spain, respectively, with only a handful of points to play for.

There are a multitude of reasons for my sudden inability to look away.

Style is one. The current Liverpool side is simply a joy – as reliably fluid up front as it is frail at the back. And Atlético Madrid has devastated La Liga with a refreshingly direct and nearly impossibly high-energy game. They represent the very antithesis of the tiki-taka style for which Spain has become so admired in recent years.

Better still, at the heart of both sides lie some of the greatest characters in the modern game. Leading the line are a pair of classic pantomime villains, as well as the rightful front two in any current World XI.

Atléti’s Diego Costa has somehow managed to surpass the stratospheric standards set by his predecessors Sergio Agüero, Diego Forlán, and Radamel Falcao. He has almost been willing in goal after goal by sheer brute force. Costa also guaranteed his status as the most booed player at this year’s World Cup by declaring allegiance to his adopted Spain over Brazil, the country of his birth.

Liverpool’s Luis Suarez combines a similar mongrel with a more sophisticated, inventive side, and could hardly be more accustomed to scandal if he tried.

There’s also perhaps football’s best young manager in Atléti’s Diego Simeone. Wholly uncompromising as a player, he has crafted a side very much in his own image. And of course there was always an element of understated tragedy to the career of Steven Gerrard, who looked destined to become Liverpool’s greatest player to never win the league.

But, of course, the biggest reason this season’s finale feels special is simple inequality. This is particularly true in the case of Atlético Madrid – who are positively dwarfed by juggernaut rivals Real Madrid and Barcelona in financial terms. It is telling that Spain’s third side has almost always been closer to the relegation zone than the title in recent times.

And while Liverpool are no paupers by any stretch, they still find themselves in a position of disadvantage when compared to the likes of Manchester City and Chelsea. They also have to work with the reduced financial clout and transfer market draw that comes with five years outside the Champions League, and a seventh placed league finish only last season.

Both campaigns have thus become endowed with a sense of grandiose importance and urgency, stemming from an understanding that this is likely an anomaly. It must be capitalised upon before it is corrected under the weight of superior resources in seasons to come.

This means this season is also not without a slight but nonetheless tangible sadness. While these two clubs thrill us as genuine underdogs this time around, normal service will soon be resumed. The true spoils are always divided among the football oligarchy, the relative scraps of the Europa League and the odd domestic cup are left for the rest.

It also makes me truly appreciative for the very different way of doing things in Australia. Our local A-League puts a check on resource disparity, largely via a salary cap and floor, and an equitable portioning of television revenue.

While this is far from a guarantee of success for all, it does mean that the better-placed clubs cannot ever build dynasties. Five different champions across eight seasons speak to that. Adelaide and Perth have also come very close, and Western Sydney may well join the winner’s circle next weekend.

This is simply a world away from the normal order of things in Europe, and indeed most of the football world. So while Australia may never have a local story truly akin to that of a Liverpool FC or an Atlético Madrid, we are, in a certain way, living out a version of that almost every season.

[thomasjmortimer]

Lessons in Man U’s rebuff by stubborn Bilbao

First published by The Roar, 5 September 2013. Original available here.

Anybody who has had the dubious pleasure of discussing football with me knows I adore Athletic Bilbao.

For its storied history. For the romantic, doggedly community-mined spirit which informs its player recruitment policy, often expressed reductively as ‘Basque only’.

And for the astounding, uniquely engaging experience that was match day at San Mamés, the club’s now demolished home.

Though largely anonymous in Australia – where Spanish football seems to barely exist beyond the Madrid-Barca duopoly – Athletic has re-emerged in the consciousness of the football public in recent days via Manchester United’s grab for its star midfielder, Ander Herrera.

Frustrated in its pursuit of bigger names, and perhaps recalling his role in United’s 2012 Europa League exit, the football and marketing giant offered Athletic €30 million for Herrera as a last-minute consolation.

I have no hesitation in declaring this offer to be quite generous indeed, despite my great enjoyment of Herrera’s contribution to Athletic since his arrival.

But Los Leones president Josu Urrutia held firm, insisting on Herrera’s full €36 million contract buyout price. United were understandably reluctant to adhere, and the deal eventually collapsed amid farcical allegations of phony Red Devils representatives at Liga headquarters attempting to seal the deal.

Urrutia, you may have heard, has form in playing the hardball game.

In 2012, Bayern Munich was also forced to match the buyout clause (€40 million), and smash the Bundesliga transfer record, to acquire Javi Martinez. Again, this represented a blatantly exorbitant price.

That same off-season, he tried the same trick on Juventus over striker Fernando Llorente.

Of course, much of this obstinate transfer market logic is rooted in Athletic’s self-imposed restrictions. The club’s player policy means most potential replacements for departed stars are simply off limits.

In addition, much of the cream among eligible candidates – Xabi Alonso, Azpilicueta, Monreal, Illarramendi – are unlikely to be persuaded to depart their homes at giants such as Chelsea and Madrid.

But despite Athletic’s unique circumstances, I wonder whether all middleweight clubs might benefit from a similar inflexibility.

Sure, others have a world, rather than a small mountain enclave, to recruit from.

But the realities of player ambition, ‘guidance’ from agents, and virtually guaranteed competition from the big fish mean they’re still highly unlikely to be able to replace that star turn on anything close to a like for like basis.

From today’s action, the Fellaini saga is particularly telling. Drawn out and executed under Evertonian protest though it was, there was a sad and familiar inevitability to the Belgian’s switch to the much bigger pond of Manchester United.

Athletic missed a similar payday, but can look forward to its own irreplaceable star contributing to the cause next weekend. Supporters will know the rest of the squad, too, will only be leaving if a thoroughly silly sum is offered by a ‘whatever it takes’ buyer.

But beyond ‘mere’ rationality, I would even recommend such intransigence when it is nakedly self-defeating.

This was certainly the case with Fernando Llorente. With one year remaining on his contract, Athletic’s refusal to negotiate a transfer fee below the striker’s buyout clause guaranteed his departure to Juventus on a Bosman this summer.

And it wasn’t just that a World Cup winner left Bilbao for nothing – he also spent the entirely of his final campaign sulking on the bench.

But pyrrhic though it was, I was enormously impressed by both the club’s refusal to have its hand forced by financial superiority, and its demonstration that its professed ideals were more than cynical rhetoric.

And surely pride in one’s team – even, and perhaps especially, brutally stubborn pride – is the one key ingredient of football support itself?

[thomasjmortimer]

Durante’s NZ move demeans international football

First published by The Roar, 7 March 2013. Original available here.

Newly certified New Zealand citizen Andrew Durante has officially jumped ship – the Australian-born defender declaring his availability for All Whites selection ahead of the Kiwis’ upcoming meeting with New Caledonia.

It’s a development that is unlikely to provoke more than half-interested cries of good luck. Though certainly no slouch, Durante has never warranted sustained candidature for selection from the nation of his birth.

At 30, this was unlikely to change, despite the assumed need for walking frames and mushy food for numerous Socceroos incumbents.

And, of course, the Kiwis have enjoyed genuine success of late. So it’s difficult to imagine why Durante himself would have said no.

And, true, the Phoenix man does look like the closest thing New Zealand might call on to fill the sizeable gap left by the recently retired Ryan Nelsen.

Still, in other ways it’s a baffling decision, and one that quietly belittles international football.

Durante was granted New Zealand citizenship as a result of having played for the Wellington Phoenix since 2008. This represents the totality of his connection to NZ.

Certainly, any nation of modest rank is entitled to cast a wide net in consideration of eligible players. But this is not a case of vague familial connection, or brief, tentative years spent in the land in question.

Durante is an Australian, eligible for New Zealand citizenship purely because the unusual circumstances of the Australian national league led to him plying his trade in a neighbouring country.

The man in question even appeared on the Socceroos’ bench in 2010.

But surely national sporting representatives are supposed to be just that – the finest representation of a nation’s football. Not so here – Durante’s selection for New Zealand says absolutely nothing about the sporting culture that is supposed to spawn its players.

The defender is now in the rather contradictory position of being irrelevant to NZ football, except that he represents it at the highest possible level.

Of course, there is also the matter of Australia and New Zealand’s sporting rivalry. This, too, is an enmity that – most Australians would agree – seems to be felt much more keenly by the Kiwis.

You might have supposed it was a strong disincentive to New Zealand sides recruiting from their trans-Tasman rivals, more so if the player would likely never make the grade on the other side. But you would apparently be wrong.

So, you can hardly blame Durante himself for taking the opportunity presented to him. But his selection is a purely expedient, cynical move on the part of Football NZ.

It openly runs contrary to the spirit of international football – better likened to a ‘shrewd acquisition’ by a side with a keen eye for transfer market openings. But we already have club football for all that.

Such practices are demeaning to the international game, and best avoided.

[thomasjmortimer]

Letter to the editor

First published by The Sydney Morning Herald, 22 January 2013. Original available here. 

Dual congratulations are in order after Sunday's abandoned one-day international (''Washout leaves all unhappy bar crowd'', January 21). To the SCG trust, for ignoring any requirement that an international cricket ground possess a drainage system that can manage an hour of featherweight drizzle - but happily splashing the cash to virtually rebuild the ground. And to Cricket Australia, for keeping spectators completely in the dark during the near-three hour delay, calling it quits for fear of having to replace a few wet balls, then insisting that blasting horrendous “cricket karaoke” made for a great time all the same.

With your powers combined, one can only rejoice for the bright, bright future of short-form cricket in our city.

[thomasjmortimer]

The Loaded Dog column

First published by The Sun Herald, 22 July 2012. Original available here.

The Shire being exported would perpetuate a crude stereotype of Australians as stupid, vapid, beachgoing white folk. Sounds like panic stations circa the mid-1980s. When it comes to Australia's international image, the ship has sailed. Irrespective of the complex realities of modern Australia, we already live our lives as Mitches, Vernessas and Beckaas in the eyes of the wider world. And low-budget ''dramality'' sold for a life of midnight reruns on American cable television would do absolutely nothing to shift that perception either way. We should complete the look by kitting out Mitch and co with Akubras, utes and pet crocodiles. The Shire is already lowest-order garbage, and we might as well extract maximum value from the global image we're stuck with.

[thomasjmortimer]

Review: Groovin’ The Moo, Maitland Showgrounds

First published by Lost in Suburbia, 9 May 2011.

Nestled inland from Newcastle in the New South Wales Hunter Valley, the city of Maitland is a sleepy and mostly unassuming place.  The local showground plays to the same tune as the town– neighbour to local sports clubs, a smattering of small suburban houses, and many a green field. It will surely arouse little controversy to suggest that this is no great champion of the Australian festival pantheon.

But this Saturday that venue plays host to the Groovin’ the Moofestival, and the shackles of quiet regional life have been very much discarded. From modest beginnings in 2005, the event has continued to gather momentum in successive years. Although it seems almost mandatory for festival spruikers to make such claims, a scan of this year’s line up suggests it is indeed the ‘biggest yet’ – featuring a host of local Triple J favourites and a selection of quality internationals. It’s little surprise the event is sold out, and many punters have made the eight-hour trip from Queensland for the pleasure of attendance.

After a two-hour drive of my own and a festive beer in a nearby car park,The Go! Team’s mid-afternoon set kicks off the festivities for yours truly. The UK sextet deliver with typical charisma to a reception audience. But, with the boundless energy, athleticism, and sporty attire of frontwomanNinja, it is sometimes difficult to escape the impression that I am an out of shape participant in an Aerobics Oz Style rerun.

Obvious personal insecurities aside, it is still rap veterans House of Painwho truly get the afternoon going. In behaviour sure to alarm haughtier rock stars, Everlast is happy to reproduce solo hit ‘What It’s Like’ for the gathered masses. There’s also a charming, self-effacing moment, where he acknowledges that most of the young crowd were barely alive for his crew’s last visit. But, naturally, the biggest cheer is reserved for iconic closer ‘Jump Around’ – instructions which all in question dutifully follow.

Gyroscope are left to follow, and maybe it’s the search for some of that same idolatry that sees them cover giants Nirvana and Midnight Oilduring their forty minutes. The Perth rockers also play to the first violent ejection of the afternoon – though it’s hard to know why Mister Bliss N Eso-themed basketball singlet requires no less than four men to escort him from the premises, after what seems like a minor scuffle.

And it’s a shame to see much of the Gyroscope crowd disperse as The Drums take the stage. Undeterred, they passionately exhaust the best from their first-rate, Curesque debut album. It comes as a surprise to learn that vocalist Jonathan Pierce is in fact a Maitland aficionado, noting that the experience has made him “really want to come back.”

Their departure ushers in nightfall over the showgrounds, and with the only light source coming courtesy of the racecourse next-door, festival navigation is suddenly risky business. But at least rubbish strewn everywhere is not an issue. Organisers have effectively traded one variety of messiness for another, allowing punters to exchange empty cans for refunds on their next beer or spirit purchase. Some of the more frugal in attendance roam the fields with satchel bags full of gathered empties. Needless to say, this critic is most impressed.

Art vs Science are as much a festival favourite as a teenage favourite, so it’s little surprise the very youthful crowd here affords them a rapturous reception. The tent stage is positively heaving as the Sydneysiders reel off their full repertoire of tongue-in-check electro. Everybody in attendance agrees that in the beginning there was a fountain, and that it was indeed a magic magic magic magic magic magic fountain. Particular kudos goes out to the many punters who climb the tent scaffolding, braving both the danger of falling, and a storm of cups from below, in search of a better look at the ongoing battle between creativity and reason.

Back at the main stage, a duo of promoters giving out as many free red frogs as possibly provide a welcome distraction from Birds of Tokyo. All the earnestness in the Hunter doesn’t succeed in selling the worth of ‘we made plans to kiss the sun at night’ to me as something which should be said out loud.

But never mind – their departure sees the biggest crowd of the day gather for what feels like a headline performance from British indie favourites The Wombats. The Liverpudlian trio rise to the occasion, mixing the better parts of their debut with larger slabs of its more consistent follow-up. But, really, most are just itching to hear heavy-hitting singles ‘Tokyo’ and ‘Let’s Dance to Joy Division’ – which close the set. Tokyo doesn’t quite scale the heights, the frantic energy of the recorded version somewhat lost in transition to live performance. Thankfully they nail ‘Joy Division’, to grins and poor ironic dancing all-round.

The visuals accompanying the portion of UNKLE that I manage to catch are an easy best in class for the day. Particularly memorable is the giant electronic Nick Cave, featured on recent single ‘Money and Run’, looking very much himself with a dapper suit and two Uzi submachine guns.

As locals, Triple J darlings, and able to boast of a genuine international profile, Cut Copy surely qualify as the ultimate Groovin’ the Moo band. But by now a bitingly cold fog has formed over Maitland, so they are left to see off the day to a smaller, less enthusiastic crowd than expected. Thanking those who persevere, they offer a thoroughly professional showing. But, understandably under the settings, it lacks some of the flair and atmosphere of their performance at the recent Sydney Laneway festival, where they played the same slot.

None of which really detracts from what was a fairly diverse, mostly joyous, and very can-heavy day. As a Sydney local, it is tempting to think of the event as something of a sideshow in the festival circuit – taking place away from both the big cities and the summer months as it does. This sort of thinking probably doesn’t bother those from the regions. They know they’re onto a winner, and on today’s evidence will almost certainly continue to enjoy it in great numbers amongst themselves.

[thomasjmortimer]

Interview: Henry Earl

First published by Lost in Suburbia, 25 February 2011

Vocalist Thomas Grealy and guitarist Eustin Jvans are the creative axis of Sydney punk newcomers Henry Earl.

A difficult animal to describe in simple terms, the group’s name doubles as their most appropriate introduction. It’s a tribute to the famous, homeless Kentucky drunkard, who has been arrested on alcohol-related offences a staggering 1333 times.

Grealy says the moniker “pretty much embodies what we’re about, in terms of getting quite drunk and doing a sub-par job that is enjoyed by many.” Alternative titles ‘The Elderly’ and ‘Viscount’ were dismissed as “too art-wanker” and “too much like discount,” respectively.

As they tell it, the band’s roots lie in the pitfalls of street performance.

“In 2007 we were like hey, it’s really hard to put a band together, but at least let’s write some songs and go busk. Then we had all these songs under our belt, and we realised that busking is totally shit – we might as well just record an album and get musicians from there.”

Henry Earl proper was born last year when the pair, plus fellow foundation guitarist Dominic Bossi, added drummer Tom Ainsworthand bassist Grant Rieper to their line up.

Their self-titled debut, released via the Internet in 2010, is diverse to the point of erratic – tipping its hat to punk, hardcore, pop, rock, electronica, and even flamenco.

Despite the genre hopping, Grealy says punk is very much the essence of the group’s style.

“As long as you’ve got that central flow to the band’s sound, you can try a lot of different things that – as long as you’re not shit – come off. Our general sound is more punk.”

But Henry Earl live is a different beast again. The largely sombre tone of the album is ditched in favour of tongue-in-cheek covers of advertisements, theme music, even actual songs, and plentiful on-stage merrymaking.

Jvans sees no contradiction in their dual identity, citing New Jersey punk outfit A Wilhelm Scream as inspiration.

“Their lyrics are really pretty depressing if you read them – it’s really heavy music. But when they play they’ve got a massive smile on their face – I respect that.”

“Really I’d just rather play badly and entertain. I could just stand around and not play shit, I could play perfectly, but I’d rather get drunk and put on a show. I can’t take my role too seriously to be honest.”

Jvans and Grealy say they are looking forward to releasing new material later this year, which will include more input from the band’s other members.

The band’s future, self-described, is bright.

“Our first album was pretty ghetto-recorded – we did it in my bedroom and my garage; a literal garage recording. So yeah, we’ve been there, but now it’s time to step up! We could be like a warehouse rock band,” says Grealy.

Jvans adds, “We just want to keep playing, and hopefully one day we’ll get lucky and I can quit my fucking job – don’t put that on there. Nah, it’s fine. My manager already hates me.”

In the face of such naked, drunken ambition, who could argue?

Henry Earl perform at the Lewisham Livehouse, Sydney, on March 4.

[thomasjmortimer]

Shihad set fire to 2010

First published by Lost in Suburbia, 13 December 2010

2010 has been a busy, busy year for kiwi rockers Shihad. They supported the likes of Guns N’ Roses, Korn, and a popular five-piece by the name of AC/DC, on tours through Australia and New Zealand. They released their eighth studio album, Ignite. On top of supporting that, there was a whistlestop tour of their most enduring albums, The General Electric and Killjoy. Induction into the New Zealand Music Hall of Fame was squeezed somewhere in between.

Bassist Karl Kippenberger says finalising the new record and performing the classic ones at the same time was especially tough.

“At the time we were finishing recording Ignite, to be in another headspace, while these headlines for the new record were all around us…it was strange.”

But he’s confident the overlap hasn’t affected Ignite’s quality. He says its reception has been “really good, actually. I think it’s a heavier record than the last – I think that’s kind of what people want from us, and it’s also a risk.”

Ignite certainly is a darker turn, following 2008’s synth-friendly Beautiful Machine. It’s not the first time Shihad have changed their sound this way in successive albums, but Kippenberger denies the pattern is anything more than a coincidence.

“We write music without any intention…you don’t want to be thinking about what sort of song it needs to be or anything of that sort.”

“You should just write music, and we will write it for the body of music and the way it ends up.”

But recognising there is a pattern all the same, he concedes, “I know it confuses our fans – it confuses us as well.”

Discussing the General Electric and Killjoy tour, Kippenberger reveals the idea grew out of a plan for an “eight night stand”, playing “all eight albums, back to back, each in its entirety.”

In the end, though, such grand ambition was sidelined for the sake of rewarding fans and band alike.

“We ended up picking what we believe were our definitive records, and what probably most of our fans think are our definitive records.”

“It was a lot of fun for us – you don’t have to worry about set lists, everyone knows what they’re getting…it took you back, it took me back.”

Kippenberger says touring with rock’s biggest names has its ups and downs, and support for the support acts is not always guaranteed.

“Lots of bands that we toured with didn’t give a fuck about us.”

“It’s different for every band – I know for a fact that Axl [Rose, Guns N’ Roses vocalist] didn’t watch us play. I understand that though – his time is precious and he’s got precious tonsils, and can’t just wonder around willy nilly.”

AC/DC, on the other hand, provoke only admiration.

“We know for a fact that both Young brothers are obsessive about support acts -they listen to all the albums, they’re serious about it.”

“It’s an honour to know that the Young brothers were listening to our albums – to think that that sort of conversation has been going on with [them] is pretty cool.”

He adds that previous touring partners Faith No More “loved us.”

But through the chaos of 2010, it’s his recent brushes with sporting rather than music royalty that Kippenberger seems most excited to talk about.

Though Shihad opened for AC/DC at the same venue nine months ago, he keenly recounts a recent trip to Wellington’s Westpac Stadium to see the All Whites, New Zealand’s national football team.

“I went, ‘fuck it’, I flew to New Zealand for it. I ended up getting a player pass to go onto the field for ten minutes at a time.”

“I was on there, asking the security guard, ‘what does this mean I can do?’ I can do like six more things than you.”

His take on Shihad’s night at the hall of fame takes on a similar feel.

“It was funny because when we won our induction into the hall of fame, there was a bunch of sportspeople there too…The most exciting thing to happen to me that night was meeting a bunch of New Zealand Warriors and a bunch of All Whites and Wellington Phoenix players.”

Kippenberger says his move to Melbourne, where Shihad are based, “bought my sports radar on.”

But even this wasn’t enough to stir the fires to the point of adopting the Victorian religion of AFL.

“There’s enough bloody sports I like as it is without liking another bloody sport.”