Alternatives to direct cross-examination supported
For survivors of family violence, the prospect of being cross-examined by a violent ex-partner can cause significant emotional distress and trauma and discourage them from continuing litigation or exercising their legal rights. As such, the Law Council supports consideration being given to alternatives to direct cross-examination wherever possible. A submission was lodged with the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) in relation to its inquiry into the Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 last week,
recognising the Australian Government’s concession that cross-examination is a forensic process requiring professional skill and experience, and the inclusion in the revised Bill that as a result the alternative cross-examiner must be a legal practitioner. However, the Law Council has serious reservations about a number of aspects of the revised Bill including lack of clarity regarding the proposed model for participation of a lawyer to perform the cross-examination and no confirmation of extra funding to legal aid commissions to enable them to perform this vital role, or the courts to implement the Bill. Read more.
Equitable Briefing Policy Guidelines
Adoptees of the Law Council’s Equitable Briefing Policy are reminded that the second round of reporting has now begun, with annual reports due to the Law Council by 30 September. The online forms for submitting the annual reports are available to access via the Law Council website. Please see the Reporting Template and Guidelines for further information.
IBA Survey to Tackle Bullying and Sexual Harassment
The Law Council is committed to ensuring that all members of the legal profession feel safe in their workplace. The International Bar Association has recently launched a global survey investigating the nature and prevalence of bullying and sexual harassment in the legal profession. The Law Council of Australia is working with the IBA to disseminate the survey in Australia. The IBA asks all members of the profession to undertake the anonymous survey, which takes approximately 10 minutes, and share it widely. Every response is valuable.
2018 Michael Taussig Family Law Essay Awards
The Family Law Section is pleased to announce the return of the Michael Taussig QC Family Law Essay Awards in 2018. The awards serve to commemorate the life and contributions of one of the Section's most outstanding members, Michael Taussig QC. This year, there are two awards on offer with one for Junior Lawyers and another for Law Students, valued at $3,500 and $1,500 respectively. For eligibility and application details, visit the Family Law Section Website.
Inquires and consultations as of 24 July 2018. Review by Legal Services Council Admissions Committee of admission of foreign lawyers as Australian lawyers in Victoria and New South Wales, Legal Services Council, Commissioner for Uniform Legal Services Regulation. Corporate Collective Investment Vehicle - tranche two, The Treasury. New Australian Government Data Sharing and Release Legislation: Issues paper for consultation, Department of the Prime Minister and Cabinet. Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Power) Bill 2018, The Treasury. The exploitation of general and specialist cleaners working in retail chains for contracting or subcontracting cleaning companies, Senate Standing Committees on Education and Employment. Consultation on Fourth Edition of Corporate Governance Principles and Recommendations, ASX Corporate Governance Council. CP 301 Foreign financial services providers, Australian Securities and Investments Commission. Draft Taxation Determination TD 2018/D3 Income tax: will a trust split arrangement of the type described in this draft Determination cause a new trust to be settled over some but not all assets of the original trust with the result that CGT event E1 in subsection 104-55(1) of the Income Tax Assessment Act 1997 happens?, Australian Taxation Office. Commonwealth Financial Statements - Inquiry based on Auditor-General's report No. 24
(2017-18), Parliamentary Joint Committee of Public Accounts and Audit. Inquiry into Class Action Proceedings and Third Party Litigation Funders, Australian Law Reform Commission. Australia’s faunal extinction crisis, Parliamentary Senate Standing Committees on Environment and
Communications. Unfair contract terms – insurance contracts, The Treasury. Post-implementation review of APRA’s superannuation prudential framework, Australian Prudential Regulation Authority. National Disability Agreement Review, Productivity Commission. Call for submissions of case studies on action underway on the environment and energy Sustainable Development Goals, Department of the Environment and Energy. National Inquiry into Sexual Harassment in Australian Workplaces, Australian Human Rights Commission. Charity Fundraising in the 21st Century, Parliamentary Senate Select Committee on Charity Fundraising in the 21st Century. Food and Grocery Code of Conduct Review – Draft Report, The Treasury. Industry Advisory Group – Security of Payment Reform, Government of Western Australia, Department of Mines, Industry Regulation and Safety.
Key Coverage: - Don't look now but 'Big Brother' is getting closer, Sunday Times, 22 July 2018.
- Security vs spying: Facial recognition CCTV goes from sci-fi to real life, Perth Now, 22 July 2018.
- Interview with Morry Bailes on SBS – World news, 18 July 2018, discussing the Turnbull Government’s plan to tighten laws to stop convicted terrorists from leaving jail at the end of their sentences without any release conditions.
- Interview with Morry Bailes on 5AA Adelaide, 4BC Brisbane, 3AW Melbourne, HO FM Hobart, 2GB Sydney, 6PR Perth, Curtin FM, 18 July 2018, discussing the Turnbull Government’s plan to tighten laws to stop convicted terrorists from leaving jail at the end of their sentences without any release conditions.
- My Health Record: The benefits and risks explained, Australian Financial Review, 18 July 2018.
- Prime Minister Malcolm Turnbull rushes to fix bureaucratic tangle that could set terrorists free, Daily Telegraph, 17 July 2018.
- Union vies for home Williamson gave wife, The Australian, 17 July 2018.
Upcoming events 2018 For more events and information, visit the Law Council's event page.
|