Dire Federal Circuit Court backlogs prove family court merger a risk to families, judges

A bill to collapse the specialist Family Court into the generalist Federal Circuit Court (FCC) must not proceed, amid revelations the FCC is facing severe backlogs of more than a year’s worth of migration and family law cases.

The FCC’s Annual Report, released on Friday, reveals stark concerns that the FCC is simply unable to cope with its increasing workload, putting vulnerable children, Australian families and Judges at significant risk.

The FCC’s pending migration law caseload spiked by 58 percent, up from 7,674 applications in 2017–18 to 12,158 applications in 2019-20. If current filing rates continue, the Report concludes that without further resources the pending migration caseload will overtake the pending family law caseload in less than two years. Read more.

One-size does not fit all when SMEs face insolvency
It is time that there is a move away from the one-size-fits-all approach, when dealing with small to medium enterprises (SMEs) facing insolvency under the Corporations Act 2001 (Cth) (Corporations Act), according to the Law Council of Australia. Read more.

Read the Business Law Section's submission here.

Public interest journalism deserves legislative protection
The Law Council of Australia believes the announcement that the AFP will not prosecute ABC journalist Dan Oakes for reporting on serious allegations of wrongdoing by Australian special forces in Afghanistan, highlights the need for urgent law reform to protect public interest journalism. Read more.

IBA Mental Wellbeing Survey
The International Bar Association has developed a global project which focuses on addressing mental health in the legal profession around the world. The first phase of the project consists of two global surveys – one for individual lawyers, the other for law firms and other legal institutions, including bar associations, law societies and in-house legal departments. For more information about the project or to participate in the surveys, visit the IBA website.

Advocacy

Inquiries and consultations as of 21 October 2020.

Making permanent reforms in respect of virtual meetings and electronic document execution, The Treasury.
Review of the Lands Acquisition Act 1989 (Cth), Department of Finance.
Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia, Parliamentary Joint Standing Committee on Northern Australia.
National Commissioner for Defence and Veteran Suicide Prevention Bill 2020 and the National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020, Parliamentary Senate Standing Committees on Foreign Affairs Defence and Trade.
Consultation Paper - Remaking of Procedural Rules, Takeovers Panel.
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020, Parliamentary Senate Standing Committees on Community Affairs.
Review of the Expensive Commonwealth Criminal Cases Fund, Mr Robert Cornall AO.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
A new National Disability Strategy – Stage 2 consultations, Department of Social Services.
Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
Model Operating Requirements and Model Participation Rules, Australian Registrars National Electronic Conveyancing Council.
Consultation on the Data Availability and Transparency Bill 2020, Office of the National Data Commissioner
Singapore Convention on Mediation – Consultation paper, Attorney-General’s Department.
Review of Part 14 of the Telecommunications Act 1997 – Telecommunications Sector Security Reforms, Parliamentary Joint Committee on Intelligence and Security.
Australia-European Union Free Trade Agreement: Consultation on a Possible New Geographical Indications Right, IP Australia.
Requiring Deductible Gift Recipients (DGRs) to Register as Charities, The Treasury.
Review of Judicial Impartiality, Australian Law Reform Commission.
Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.
Guidance for digital check-in providers collecting personal information for contact tracing, Office of the Australian Information Commissioner.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.

News and Media

Media releases and statements:

Dire Federal Circuit Court backlogs prove family court merger a risk to families, judges, 23 October 2020.
One-size does not fit all when SMEs face insolvency, 19 October 2020.
Public interest journalism deserves legislative protection, 16 October 2020.

Key coverage:

Families, judges to 'suffer' in merger bid, Sydney Morning Herald, 23 October 2020.
Call to dump Family Court merger plan, The Age, 23 October 2020.
‘One size does not fit all when it comes to SME insolvency', Lawyers Weekly, 21 October 2020.
Foreign investment shake-up could be fatal to startups, Brisbane Times, 19 October 2020.
Australian journalists remain increasingly at risk of prosecution, ABC online, 16 October 2020.
Rio Tinto vows to stop blocking traditional owners in Pilbara from speaking out against heritage destruction, The Guardian, 15 October 2020.
Launceston Family Court to receive major upgrades, Lawyers Weekly, 12 October 2020.

Events

The Law Council of Australia is pleased to invite you to attend an online webinar – Closing the Justice Gap: Implementing the Australian Law Reform Commission's Pathways to Justice Roadmap.

Join a panel discussion featuring eminent advocates and academics, Dr Hannah McGlade, Ms Cheryl Axleby, Dr Tracey McIntosh and Mr Tony McAvoy SC. Law Council President, Pauline Wright, will moderate the discussion.

In 2018, the Australian Law Reform Commission released its Pathways to Justice report, which examined the disproportionate rate of incarceration of Aboriginal and Torres Strait Islander people, and made 35 recommendations in relation to issues including sentencing, bail, justice reinvestment, police accountability, and specific cohorts such as women.

The Law Council has called publicly on government to respond to the report. In this webinar, legal and policy experts discuss the report's recommendations, priorities for implementation, and whether we already have a roadmap to meet the justice targets in the new National Agreement on Closing the Gap. This is the second in a series of Law Council events aimed at bringing attention to the overincarceration of Aboriginal and Torres Strait Islander people across Australia.

Register Here

October

26 October 2020 - Insights into e-Legal and Mediation Processes Webinar
Host: International Law Section, Federal Litigation and Dispute Resolution Section, and the New South Wales Bar Association.
Time: 5.00 - 6.00 pm
Location: Webinar via Zoom
30 October 2020 - World Masters Webinar Series - Session Two
Host: Legal Practice Section
Time: 9.30 - 10.30 am
Location: Webinar via Zoom

November

2-27 November 2020 - IBA 2020 Virtually Together Conference
Host: International Bar Association
Location: online
12 November 2020 - Privacy Law Seminar 2020
Host: Business Law Section
Time: 12.30 - 1.30 pm
Location: Webinar via Zoom
17 November 2020 - ILS International Law and Practice Course 2020 Lecture Five
Host: International Law Section
Time: 5.00 - 6.00pm
Location: Webinar via Zoom