Closing the justice gap for the missing middle
A position paper released by the Law Council of Australia seeks to ensure all Australians have effective access to justice.
“A guiding principle of the rule of law is equality before the law,” Law Council of Australia President, Dr Jacoba Brasch QC said.
“This means all people must be equally protected by the law. If legal services are financially out of reach of any Australian, then we have failed to uphold this principle.” Read more.
Criminal law specialist, Terry O’Gorman AM wins Law Council of Australia President’s Award
Queensland lawyer, Terry O’Gorman AM has been honoured for his tireless work to protect civil liberties in Australia over a career spanning more than four decades. The President’s Award honours an individual who has been an ‘outstanding example to the Australian legal profession and to those who might seek to join its ranks’. Read more.
In addition, read Mr O’Gorman's acceptance speech here.
2022 John Koowarta Scholarship Recipients
Queensland University of Technology law student, Mr Cameron Downey, and Charles Darwin University law student, Ms Michelle Burchill, have been announced as the 2022 John Koowarta Law Scholarship recipients. Law Council of Australia President, Dr Jacoba Brasch QC, presented the scholarship to both recipients at the annual Law Council Director’s Meeting held virtually on 27 November 2021. Read more.
The Law Council had the opportunity to interview Cameron and Michelle to ask what it means to them to win the scholarship and what career aspirations they have after graduation.
Mr Cameron Downey
Mr Downey is a proud Ghungalu man and is currently studying a Bachelor of Laws (Honours) and a Bachelor of Information Technology (Computer Science) at the Queensland University of Technology. He intends to use his double degree to create and design digital systems that will give rural and remote Indigenous communities better access to the justice system. Read interview here.
Ms Michelle Burchill
Ms Burchill is a proud Kuku Yalanji woman and is in her first year of law as a mature student. Since 2012, Ms Burchill has worked as an enrolled nurse. In 2020, she decided to pursue a career in law and aspires to work in areas that interest her including: Native Title, environmental and planning law, human rights, international law, family law, medical-legal and criminal law. Read interview here.
Ceremonial Farewell to Justice Garry Foster
On 8 December 2021, Law Council of Australia President, Dr Jacoba Brasch QC, attended the ceremonial farewell of Justice Garry Foster and provided a speech at the event. Read speech here.
Looking downstream the long-term costs of underfunding legal aid in Australia’ Webinar
On 2 December 2021, the Law Council of Australia hosted a webinar on the topic of 'Looking downstream: the long-term costs of underfunding legal aid in Australia'. The webinar was moderated by Dr Jacoba Brasch QC, Law Council of Australia President, and was joined by a panel of eminent members of the legal and economic sectors who discussed the social and economic impacts of Commonwealth funding of legal aid in Australia. A recording of the webinar is available here.
Improving how the ATO deals with vulnerable taxpayers
The Taxation Law Committee and SME Business Law Committee of the Business Law Section provided a submission to the Australian Taxation Office’s consultation on understanding approaches to working with vulnerable clients to identify opportunities to improve the client experience. Read the submission here.
Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021
On 2 December 2021, the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 (the Bill). The Bill amends the Autonomous Sanctions Act 2011 (Cth) (Act) to clarify that autonomous sanctions may be either country-specific, or imposed to address particular issues of international concern (thematic sanctions) including, amongst other things, ‘serious violations or serious abuses of human rights’ and ‘activities undermining good governance or the rule of law, including serious corruption’. Read more.
2021 Mahla Pearlman Oration Dinner
On 30 November 2021, the Legal Practice Section of the Law Council of Australia and the Environment and Planning Law Association of New South Wales hosted the annual Mahla Pearlman Oration Dinner in Sydney. Read more.
LCA Submissions
Recently published Law Council Submissions.
- Statutory review of the Counter Terrorism (Temporary Exclusion Orders) Act 2019 (Cth), Parliamentary Joint Committee on Intelligence and Security.
- Review of the Workplace Gender Equality Act 2012, Department of the Prime Minister and Cabinet.
Section Submissions
Recently published Section Submissions.
- Improving how the ATO deals with vulnerable taxpayers, Australian Taxation Office, (Business Law Section).
Inquiries and consultations
As of 6 December 2021.
- 2021-22 Review of the Legislation Act 2003, Attorney-General's Department.
Clarifying the treatment of trusts under insolvency law, The Treasury.
Australia's 2022-23 Migration Program, Department of Home Affairs.
Improving the technology neutrality of Treasury portfolio laws, The Treasury.
Performance and integrity of Australia’s administrative review system, Legal and Constitutional Affairs References Committee.
Online Privacy Bill Exposure Draft, Attorney-General's Department.
Aboriginal and Torres Strait Islander Visual Arts and Crafts, Productivity Commission.
Improving the competency and accountability of family report writers, Attorney-General's Department.
Financial Accountability Regime Bill 2021 [Provisions] and Financial Services Compensation Scheme of Last Resort Levy Bill 2021 [Provisions] and related bills, Senate Standing Committees on Economics.
Religious Discrimination Bill 2021 and related bills, Parliamentary Joint Committee on Human Rights.
Privacy Act Review – Discussion paper, Attorney-General's Department.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
Social Media (Anti-Trolling) Bill 2021, Attorney-General's Department.
CP 351 Superannuation forecasts: Update to superannuation calculators and estimates relief, Australian Securities and Investments Commission.
Review of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021, Parliamentary Joint Committee on Intelligence and Security.
National Anti-Racism Framework, Australian Human Rights Commission.
Prudential Standard SPS 530 Investment Governance in Superannuation, Australian Prudential Regulation Authority.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
The Banking Code Review, Australian Banking Association.
Strengthening Financial Resilience in Superannuation. Australian Prudential Regulation Authority.
Exposure draft legislation to improve timeliness of national access regime processes, The Treasury.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
News and Media
Media releases/statements:
- The long-term costs of underfunding legal aid, 3 December 2021.
- Closing the justice gap for the missing middle, 9 December 2021.
Key media articles:
- The debate over National Cabinet, Law Society Journal, 29 November 2021.
- LCA announces John Koowarta scholarship recipient, QLS Proctor, 29 November 2021.
- Terry O'Gorman AM wins LCA President's Award, QLS Proctor, 29 November 2021.
- 'Protecting the vulnerable', Aged Care Insite, 1 December 2021.
- 4 appointed to the FCFCOA , Lawyers Weekly, 1 December 2021.
- Public servants ramp up support for at-risk families, Law Council calls for serious boost to Legal Aid, The Mandarin, 6 December 2021.
- Legal experts condemn Scott Morrison’s continuing attacks on ICAC as ‘disgraceful’ and ‘stupid', The Guardian, 7 December 2021.
Upcoming Events
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 17-18 March 2022. The conference will be conducted over two days and will canvass current issues in Australian immigration law against the backdrop of borders re-opening in the lead up to the next Federal election. Learn more about the event here.
