Justice system reform needed as part of national plan to prevent family, domestic and
sexual violence

Lawyers working on all sides of family, criminal and other parts of the law in Australia have personally seen and been affected by the impact and aftermath of our national family, domestic and sexual violence crisis. The faces and stories of the women, men and children who have been subjected to violence will never leave us.

Last week, the Law Council of Australia was privileged to be part of the National Summit on Women’s Safety and speak on behalf of those who often cannot speak for themselves.

Family, domestic and sexual violence is preventable. There is no excuse for it and it should never occur. It has to be tackled as the national epidemic it is.

A priority for the Law Council as the national representative of the legal profession, is to advocate for a justice system which provides protection to victims without fear or favour. Read more.

Use of technology for corporate meetings
Use of technology has become commonplace in doing business and the Law Council supports measures which enable this take-up while protecting against misuse. In its submission to the Treasury in response to the Exposure Draft – Treasury Laws Amendment (Measures for Consultation) Bill 2021: Use of technology for meetings and related amendments, the Law Council expresses its support for key amendments to the Corporations Act. Read more.

2021 Commonwealth Law Conference - Is the adversarial system a sustainable path to justice?
On 6 September 2021, Law Council President, Dr Jacoba Brasch QC, featured as a panellist in the 2021 Commonwealth Law Conference being held in Nassau, The Bahamas.

Although travel restrictions prevented her from attending in person, President Brasch was invited to deliver a virtual presentation in a session titled 'Is the adversarial system a sustainable path to justice?'.

The panel session also featured the Honorable Justice Vasheist Kokaram and Fiona Scolding QC, and was chaired by Derek Sweeting QC, Chair of the Bar Council of England and Wales.

You can view a recording of the speech here.

Correspondence from the Federal Court of Australia and Federal Circuit and Family Court of Australia
On 14 September 2021, the Law Council received a letter from The Honourable James Allsop AO, Chief Justice of the Federal Court of Australia in regards to the COVID-19 pandemic. In the letter, His Honour thanked the profession "for how they have assisted the Court in meeting the demands of this pandemic, and in meeting the expectations and needs of the Australian community insofar as it has required access to justice." You can read the correspondence here.

On 17 September 2021, the Law Council received a letter from The Honourable Justice Alstergren, Chief Justice Federal Circuit and Family Court of Australia (Division 1) and Chief Judge Federal Circuit and Family Court of Australia (Division 2) thanking every member of the profession for their work during COVID in supporting their clients, colleagues and the Courts; expressing the Court’s commitment to supporting the profession; and outlining plans to move forward as restrictions ease. You can read the correspondence here.

Joint Costs Advisory Committee inquiry into scales of costs
On 6 September 2021, the Law Council provided a submission to the Joint Costs Advisory Committee (JCAC) as part of its annual inquiry into the quantum of costs allowable to legal practitioners pursuant to the scales of costs contained in the rules of the federal courts.

In its submission, the Law Council noted that costs of litigation and accessing legal representation in Australia is an issue of ongoing concern to the community and the legal profession. The submission raises a concern that the scales of costs for the federal courts have failed to keep pace with actual costs incurred by parties and do not reflect the value of the intellectual work undertaken by practitioners, current charging practices, or changes in the technology used within firms and by practitioners.

Ultimately, the Law Council recommended that JCAC should support an increase to the federal scales of costs, noting that no such increase was applied in 2020. The Law Council made several further recommendations, designed to ensure federal scales of costs provide a fair and accurate reflection of work undertaken by the profession. The Law Council’s submission to JCAC is available to view here.

Strengthening Australia’s cyber security regulations and incentives
On 8 September 2021, the Law Council provided a submission to the Department of Home Affairs on the issue of strengthening Australia’s cyber security regulations and incentives. The submission was prepared in response to a comprehensive consultation paper, which sought views on options for regulatory reforms and voluntary incentives to strengthen the cyber security of Australia’s digital economy.

The Law Council’s submission explores the merits of voluntary and mandatory governance standards on organisations, the adequacy of the Australian Consumer Law to provide redress for cyber security attacks as they occur, and the role of the Australian Privacy Principles in ensuring personal data is stored securely. The submission also looks at the potential for enhanced standards for smart devices, noting the unique challenges posed by the growth in interconnection of devices and the ‘Interest of Things’. The Law Council’s submission to the Department of Home Affairs is available to view here.

Consultation on proposed draft to add Chapters 79 and 80, and amend Chapters 21 and 48 of the AML/CTF Rules
The Financial Services Committee of the Business Law Section provided a submission to AUSTRAC in response to the consultation on proposed draft to add Chapters 79 and 80, and amend Chapters 21 and 48 of the Anti-Money Laundering and Counter-Terrorism Rules Instrument 2007 (No. 1) (Cth) (the AML/CTF Rules). Read the submission here.

LCA Submissions

Recently published Law Council Submissions.

Consultation Paper 346 and draft Regulatory Guide 38: The hawking prohibition, Australian Securities and Investments Commission.
Developing the next National Plan to Reduce Violence against Women and their Children, Department of Social Services.
Operationalising the National Strategic Framework for Information Sharing Between the Family Law and Family Violence and Child Protection Systems, Attorney-General’s Department.
Model Participation Rules - Consultation Draft 7, Australian Registrars' National Electronic Conveyancing Council.
2021 Inquiry into Legal Practitioners’ Scales of Costs, Joint Costs Advisory Committee.
Strengthening Australia’s cyber security regulations and incentives, Department of Home Affairs.
OECD Guidelines for Multinational Enterprises, Organisation for Economic Co-operation and Development.

Section Submissions

Recently published Section Submissions.

Financial Services Royal Commission - Compensation Scheme of Last Resort, Treasury, (Legal Practice Section).
Reform to ss 47 and 45AR of the Competition and Consumer Act 2010 (Cth), Treasury, (Business Law Section).
Consultation on proposed draft to add Chapters 79 and 80, and amend Chapters 21 and 48 of the AML/CTF Rules, AUSTRAC, (Business Law Section).

Inquiries and consultations

As of 13 September 2021.

R&DTI – Review of the dual-agency administration model, The Board of Taxation.
Improving schemes of arrangement to better support businesses, The Treasury.
Crimes Amendment (Remissions of Sentences) Bill 2021, Senate Standing Committees on Legal and Constitutional Affairs.
Financial Accountability Regime (Consequential Amendments and Transitional Provisions) Bill 2021, The Treasury.
COAG Legislation Amendment Bill 2021 [Provisions], Senate Standing Committees on Finance and Public Administration.
Strengthening protections against unfair contract terms, The Treasury.
Review of GST on low value imported goods, The Board of Taxation.
Corporate Collective Investment Vehicles - Regulatory and Tax Frameworks, The Treasury.
Construction of a mandatory reporting requirement for lawyers, Department of Justice and Community Safety, Victoria.
Malaysia-Australia Free Trade Agreement, Department of Foreign Affairs and Trade
Recent changes to the Official Journal of Trade Mark.
Review of the insolvent trading safe harbour, The Treasury.
Review of occupational exclusions in default insurance offered through MySuper products, The Treasury.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Review of the Foreign Influence Transparency Scheme Act 2018, Parliamentary Joint Committee on Intelligence and Security.
Aboriginal and Torres Strait Islander Visual Arts and Crafts, Productivity Commission.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Consultation paper on proposed changes to the rules regarding the admission of foreign lawyers, Legal Services Council.

News and Media

Media releases/statements:

Use of technology for corporate meetings, 14 September 2021.
Justice system reform needed as part of national plan to prevent family, domestic and sexual violence, 15 September 2021.

Key media articles:

Domestic violence victims let down by ‘broken system’: chief judge, AFR, 7 September.
COVID-19 prompts dramatic spike in support for a national human rights charter, Canberra Times, 9 September 2021.
Law Council takes aim at Cash over human rights pick, AFR, 9 September 2021.
Human rights 'political' pick threatens UN status, The Australian, 13 September 2021.
LCA backs corporate tech take-up in submission to Treasury, Lawyers weekly,15 September 2021.

Events

September 2021