Family Court merger ‘undesirable’ for families, former Family Court Chief Justices say

The government’s bill to abolish the specialist, stand-alone Family Court would have devastating impacts on families and result in a significant loss of structural, systemic specialisation, a coalition of stakeholders including the first and second Chief Justices of the Family Court has warned.

Eminent jurist and former Chief Justice, the Hon Elizabeth Evatt AC, said “The proposed merger of the Family Court and the Federal Circuit Court (FCC) will lead to undesirable outcomes for children and families”.

“The Family Court was designed purposely as a world-leading, specialist, stand-alone Court to deal only with family law matters, with the support of a dedicated multi-disciplinary team of counsellors and mediators. Its stand-alone nature is one its greatest attributes, providing protections for vulnerable people in need of family law assistance,” the former Chief Justice said. Read more.

Australia’s National Integrity System: The Blueprint for Action
The Law Council of Australia believes that release of the report into the integrity of the Australian Government could not have come at a better time. Australia’s National Integrity System: The Blueprint for Action, is a landmark report undertaken by Griffith University and Transparency International Australia and provides a significant outline for how Australia should work to building a more accountable system of government. Read more.

Business Law Section's Privacy Law Seminar 2020
The Law Council of Australia's Business Law Section hosted an online seminar on 12 November that focused on key privacy developments that affect practitioners. The seminar was joined by the Australian Information Commissioner and Privacy Commissioner Angelene Falk. You can watch a recording of the seminar here.

Put families over politics, abandon flawed family court merger
A report by government senators into the Attorney-General’s flawed merger bill regrettably fails to prioritise the wellbeing of families and children, ignores credible expert input, and instead doubles down in promulgating the government’s proposed merger, according to the Law Council of Australia. Read more.

Public consultation on a proposed Australian Solicitors’ Conduct Rule
The Law Council of Australia invites comments and submissions by 7 December 2020 on a proposal for an Australian Solicitors’ Conduct Rule (Rule 11A – Short-term legal assistance services). Learn more here.

LCA Submissions

Recently published Law Council Submissions.

Information sharing between the family law and criminal justice and child protection systems, Attorney General’s Department.
Death and Taxes Review – Consultation with the Legal Profession, Australian Taxation Office.
Exposure Draft Security Legislation Amendment (Critical Infrastructure) Bill 2020, Department of Home Affairs.
Supplementary submissions: Consumer Credit Reforms, The Treasury.
Supplementary submission: Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
Supplementary submission: Australian Security Intelligence Organisation Amendment Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
Counsel Assisting’s final submissions, Royal Commission into Aged Care Quality and Safety.
Proposed Listing Rules changes: online forms, notification of security issues and corporate action timetables, ASX.
Temporary Migration, Parliamentary Select Committee on Temporary Migration
2021-22 Pre-Budget Submissions, The Treasury.
Compulsory Notice Guidelines consultation, Australian Energy Regulator

Section Submissions

Recently published Section Submissions.

Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020, Senate Standing Committees on Environment and Communications (Legal Practice Section).
Consumer Credit Reforms, The Treasury, (Legal Practice Section).

Inquiries and consultations

As of 27 November 2020.

Consultation on collection of cyber insurance and management liability data in the National Claims and Policies Database (NCPD), Australian Prudential Regulation Authority
Consultation on Proposed Standard Timetabling orders in the Federal Circuit Court for Migration cases, Federal Court of Australia.
Your Future, Your Super package, The Treasury.
Climate Change (National Framework for Adaptation and Mitigation) Bill 2020 and Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020, Parliamentary House Standing Committee on the Environment and Energy.
Review of Part 14 of the Telecommunications Act 1997 – Telecommunications Sector Security Reforms, Parliamentary Joint Committee on Intelligence and Security.
Requiring Deductible Gift Recipients (DGRs) to Register as Charities, The Treasury.
Singapore Convention on Mediation – Consultation paper, Attorney-General’s Department.
Review of the Privacy Act 1988, Attorney-General’s Department.
Australia's Artificial Intelligence Action Plan: discussion paper, Department of Industry, Science, Energy and Resources.
Right to Repair, Productivity Commission.
National Redress Scheme Second anniversary review, National Redress Scheme.
Commonwealth Integrity Commission consultation draft, Attorney-General’s Department.
Consultation on remuneration requirements for all APRA-regulated entities, Australian Prudential Regulation Authority.
Review of Judicial Impartiality, Australian Law Reform Commission.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Review into the Framework of Religious Exemptions in Anti-discrimination Legislation, Australian Law Reform Commission.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.

News and Media

Media releases and statements:

Law Council President, Pauline Wright, comments on the release of integrity report, 30 November 2020.
Family Court merger ‘undesirable’ for families, former Family Court Chief Justices say, 29 November 2020.
Put families over politics, abandon flawed family court merger, 20 November 2020.

Key coverage:

Family Court merger a catastrophe, Sydney Morning Herald, 1 December 2020.
Family Court merger ‘undesirable', former Family Court Chief Justices say, Lawyers Weekly, 1 December 2020.
Family law experts reject Government's plan to merge Family Court as Parliament debate looms, ABC online, 30 November 2020.
Hanson backs court merger, The Australian, 25 November 2020.
‘Nothing good will come’ from hikes to migration fees, Lawyers Weekly, 22 November 2020.
Calls for justice after landmark Afghanistan war crimes inquiry, Lawyers Weekly, 23 November 2020.

Events

December

4 December 2020 - Hot Topics in Commonwealth Compensation 2020
Host: Federal Litigation and Dispute Resolution Section
Time: 9.00 am - 1.00 pm
Location: Webinar via Zoom