Governments to consider consistent electronic document execution

The Law Council of Australia is fully supportive of the decision by Commonwealth, state and territory Treasurers to work together towards a common approach for electronic document execution.

During the COVID-19 pandemic, the electronic execution of documents was a game changer, especially in the commercial law space.

It will remain a game changer by offering real potential for trade and commerce to flow in a more efficient and cost-effective way. Read more.

UK-Australia FTA agreement opens the door for future dialogue
The announcement that the UK and Australian governments have agreed on the broad outlines of an Australia-UK Free Trade Agreement (FTA) is welcomed by the Law Council of Australia. The FTA will confirm that both Australian and UK lawyers can practise as foreign lawyers and provide arbitration, mediation and conciliation services in the other jurisdiction using their home qualifications and title. Read more.

Review of Model Defamation Provisions – Stage 2
On 4 June 2021, the Law Council provided a submission to the Attorneys-General, in response to the Discussion Paper released as part of Stage 2 of the Review of Model Defamation Provisions. Stage 2 of this review relates to two separate issues: the liability of internet intermediaries in defamation for the publication of third-party content; and whether complaints of alleged criminal conduct to police and statutory investigative bodies or of unlawful conduct to disciplinary bodies and employers should attract the defence of absolute privilege. Read more.

Transition to strengthening client verification
The Business Law Section’s Taxation Committee provided a submission to the Australian Taxation Office in response to the consultation paper entitled “Transition to strengthen client verification” (the draft guidelines). The Taxation Committee recognises the problems associated with identity theft and fraud and that steps that prevent access to material that would make identity theft and fraud easier ought to be taken. The committee is concerned that the draft guidelines do not clearly identify to whom the standards will apply once they become compulsory. Read more.

Death penalty
Australia’s last execution took place in February 1967. Six years later, the Commonwealth Parliament passed the Death Penalty Abolition Act 1973 (Cth) (1973 Act). Similar State legislation outlawed the practice in the remaining Australian jurisdictions. Read more.

Australian lawyers voice support for Samoa’s independent judiciary
The Law Council of Australia is concerned by challenges to the rule of law in Samoa following the general elections held on 9 April 2021. It is the role of the courts to interpret Samoa’s Constitution, and to ensure matters arising out of the election are resolved through the proper judicial process, including appeal. These processes are underway, and the outcomes must be respected. Read more.

LCA Submissions

Recently published Law Council Submissions.

Supplementary submission: Review of the National Emergency Declaration Act 2020 (CTH), Senate Legal and Constitutional Affairs Legislation Committee.

Section Submissions

Recently published Section Submissions.

Transition to strengthening client verification, Australian Taxation Office, (Business Law Section).

Inquiries and consultations

As of 18 June 2021.

Inquiry into the use of the term good faith in civil penalty and criminal offence provisions in Commonwealth legislation, Attorney-General's Department.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
(Supplementary) Review into the operation of section 22 of the NSI Act as it applies in the 'Alan Johns' matter, Independent National Security Legislation Monitor.
Consultation on Uniform General Rules 91B and 91BA, Legal Services Council and Commissioner for Uniform Legal Services Regulation.
Inquiry into the Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions], Senate Standing Committees on Legal and Constitutional Affairs.
Migration Agents Instruments Review - consultation report, Department of Home Affairs.
Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
(Supplementary) Review of the Security Legislation Amendment (Critical Infrastructure) Bill 2020 and Statutory Review of the Security of Critical Infrastructure Act 2018, Parliamentary Joint Committee on Intelligence and Security.
Managing Travel across Australia's International Border during COVID-19, Australian National Audit Office.
Improving the visibility of superannuation assets in family law proceedings, The Treasury
(Supplementary) Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
Review of Judicial Impartiality, Australian Law Reform Commission.
OECD Australian National Contact Point (AusNCP) Peer Review 2021, The Treasury.
Guaranteeing a minimum return of class action proceeds to class members, Attorney-General's Department and The Treasury.
National Register of Enduring Powers of Attorney, Attorney-General's Department.
A New Decision-Making Framework for Property Matters in Family Law, Attorney-General's Department.
Draft Practical Compliance Guideline PCG 2021/D4 Intangibles Arrangements, Australian Taxation Office.
Implementing the successor plan to the National Framework for Protecting Australia’s Children 2009-2020, Department of Social Services.
Developing the next National Plan to Reduce Violence against Women and their Children, Department of Social Services.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.

News and Media

Media releases/statements:

UK-Australia FTA agreement opens the door for future dialogue, 16 June 2021.
Congratulations to recipients of this year’s Queen’s Birthday Honours, 15 June 2021.
Time to strengthen the rights of older people
Governments to consider consistent electronic document execution, 11 June 2021.
Law Council welcomes new appointment to Federal Court, 11 June 2021.
Call for consistency between intent of legislation and the Bill itself, 11 June 2021.
Australian lawyers voice support for Samoa’s independent judiciary, 11 June 2021.

Key coverage:

Details of Witness J case revealed as review told Australia has no place for secret trials, Riot ACT, 12 June 2021.
2021 Queen's birthday honours list recognises legal professionals, Lawyers Weekly, 16 June 2021.
Australian Law Council voices concern over respect for judges in Samoa, ABC online, 15 June 2021.
Australia will open door to UK lawyers, says government, The Law Society Gazette, 15 June 2021.
New bills in Samoa could result in significant constitutional changes, Lawyers Weekly, 16 June 2021.
UK-Aus free trade agreement ‘can create opportunities for our legal professions', Lawyers Weekly, 17 June 2021.
New judge appointed to the Federal Court, Lawyers Weekly, 17 June 2021.
Expanding state surveillance: Organised crime and the PM's push for more police powers, Brisbane Times, 19 June 2021.
Law Council of Australia calls for independent body to hear complaints against judges in family law matters, The Guardian, 21 June 2021.

Events

July 2021

15 July 2021 - Class Actions Forum: Capital, Regulation and the Public Interest
Host: Federal Litigation and Dispute Resolution Section and the Australian Academy of Law
Location: Federal Court of Australia, Sydney and online
Time: 5.00PM - 6.45PM
16 July 2021 - Hot Topics in Commonwealth Compensation 2021
Host: Federal Litigation and Dispute Resolution Section
Location: Sparke Helmore, Sydney and online
Time: 9.00AM - 1.00PM

August 2021

10 August 2021 - 2021 Mahla Pearlman Oration
Host: Legal Practice Section and the Environment and Planning Law Association of New South Wales
Location: Federal Court of Australia, Sydney
Time: 5.00PM - 7.00PM