Government Moving In The Right Direction On Federal Judicial Commission

The Law Council of Australia has long advocated for the establishment of a standalone Federal Judicial Commission and considers the government is moving in the right direction by seeking independent legal advice on its establishment.

Law Council President, Dr Jacoba Brasch QC, said a Federal Judicial Commission needs to be at arm’s length from the executive government, to ensure the independence of the judiciary and the separation of powers. Read more.

LCA Submissions

Recently published Law Council Submissions. 

• Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, Senate Standing Committees on Education and Employment.
• National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020, Senate Economics Legislation Committee. 
• Security Legislation Amendment (Critical Infrastructure) Bill 2020; and Review of the Security of Critical Infrastructure Act 2018 (Cth), Parliamentary Joint Committee on Intelligence and Security. 

Section Submissions

Recently published Section Submissions. 

• Review of CGT Roll-overs, The Board of Taxation and Treasury, Business Law Section. 
• Australia's 2021-22 Migration Program, The Department of Home Affairs, Federal Litigation and Dispute Resolution Section. 
• Remuneration Requirements for all APRA Regulated Entities, Australian Prudential Regulation Authority, Legal Practice Section. 

Inquiries and consultations

As of 16 February 2021.

• Managing Travel across the Australian Border during COVID-19, Australian National Audit Office.
• Occupational Mobility, Department of the Prime Minister and Cabinet. 
• Commonwealth Integrity Commission consultation draft, Attorney-General's Department. 
• 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 – Questions on Notice, Parliamentary House Standing Committee on Environment and Energy.
• 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.
• Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020, Parliamentary Senate Standing Committees on Legal and Constitutional Affairs.
• Review of the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
• Review of the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
• Modernising Business Communications, The Treasury.
• Increasing the Statutory Demand Threshold, The Treasury.
• CP 337 Externally administered companies: Extending financial reporting and AGM relief, Australian Securities and Investments Commission.
• Data Availability and Transparency Bill 2020 [Provisions] and Data Availability and Transparency (Consequential Amendments) Bill 2020 [Provisions], Parliamentary Senate Standing Committees on Finance and Public Administration.
• National Emergency Declaration Act 2020, Parliamentary Senate Standing Committees on Legal and Constitutional Affairs.
• Indigenous Voice Co-Design Process, National Indigenous Australians Agency.
• Australia's skilled migration program, Parliamentary Joint Standing Committee on Migration.
• 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: 

• Passage of flawed merger bill tasks family law judges with an impossible task,
  18 February 2021.
• Family Court merger opposed by 155 stakeholders, including 13 retired judges, 
  16 February 2021.
• Government moving in the right direction on Federal Judicial Commission, 
  12 February 2021. 

​Key coverage:‘

• Family law fees targeted for reform, The Australian, 19 February 2021.
• Family Court merger with Federal Circuit Court meets mixed reviews, ABC online, 18 February 2021. 
• Merger done, Porter must detail how he will help forlorn families, The Australian, 18 February 2021.
• Parliament under scrutiny in the wake of sexual assault allegations, ABC online, 18 February 2021. 
• Family Court merger set to be approved, Sydney Morning Herald, 17 February 2021.
• 157 sign letter opposing controversial Family Court merger, Lawyers Weekly, 16 February 2021. 
• Proposed Federal Judicial Commission ‘moving in the right direction', Lawyers Weekly, 15 February 2021. 
• Men dominate Federal Court appointments under Porter, Australian Financial Review, 15 February 2021.
• 'Get on with' bringing bad judges to heel, Christian Porter told, The Australian, 12 February 2021.
• Re-thinking advocacy post-pandemic, Lawyers Weekly, 12 February 2021. 

Events

February 2021

• 18 February to 11 March 2021 - Constitutional and Rule of Law Webinar Series
  Host: Jointly organised by LAWASIA, the Commonwealth Lawyers Association, the Law Council of Australia and the South Pacific Lawyers Association
  Time: 4.30pm - 6.00pm AEDT
  Location: Online

March 2021 

• 15-16 March 2021 - 2021 Immigration Law Conference
  Host: Federal Litigation and Dispute Resolution Section
  Time: 10.00am ‐ 3.00pm AEDT (both days)
  Location: Online