Model Operating Requirement -
Consultation Draft 7

The Law Council provided a submission to the Australian Registrars' National Electronic Conveyancing Council (ARNECC) regarding Consultation Draft 7 of the Model Operating Requirements (MORs)

In this submission, one of the key points is the Law Council's wish to see any obstacles to competition removed, including price penalties. Read the submission here.

Statement on Afghanistan by the Law Council of Australia and the Australian Bar Association
The Law Council of Australia and the Australian Bar Association join members of the international legal community in expressing grave concern regarding the fall of Afghanistan’s Government to the Taliban. Read more.

IAWJ Statement on the current situation in Afghanistan
The International Association of Women Judges (IAWJ) has issued a statement about the situation in Afghanistan. Read the statement here.

Amendments needed to sexual discrimination bill
The Law Council acknowledges the publication of Senate Education and Employment Legislation Committee’s Report on the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. Read more.

Government to reinstate measures allowing for virtual meetings and electronic document execution
Steps taken by the Australian Government to reinstate temporary measures that will allow companies to use technology to meet regulatory requirements to hold general meetings, distribute meeting related materials and validly execute documents are positive moves for business and the investing public, says the Law Council of Australia. Read more.

Financial Accountability Regime – Exposure draft legislation
The Law Council makes this submission in relation to the exposure draft Financial Accountability Regime Bill 2021 (Bill) and related materials released for consultation by Treasury on 16 July 2021 (Consultation Materials) which propose to impose a financial accountability regime (FAR regime) on certain financial entities. Read more.

Consumer Data Right Strategic Assessment
The Competition and Consumer Committee of the Business Law Section provided a submission to Treasury in response to its Consumer Data Right Strategic Assessment Consultation Paper. The Competition and Consumer Committee agrees that the extension of the Consumer Data Right (CDR) regime to any sector, use case and/or data set (as the case may be) should focus on the areas that will unlock the greatest benefits for consumers in terms of access to better services and products, and ensuring consumers benefit from the associated data collected. Read the submission here.

Business Law Section Scholarships
Applications for the BLS Scholarships are still open. The Section is offering a $5,000 prize per scholarship. For a chance to win, applicants will need to submit an unpublished paper on the chosen scholarship topic. For more information about the scholarships, see links below.

Applications for the scholarships close 5pm, 31 August 2021 AEST.

ILS Essay Competition for Studies in the Law of the South Pacific
The International Law Section of the Law Council of Australia is now accepting entries for its inaugural essay competition for studies in the law of the South Pacific. Entries close 29 October 2021. Learn more here.

LCA Submissions

Recently published Law Council Submissions.

Retirement Income Covenant – Position Paper, Treasury.
Model Operating Requirement - Consultation Draft 7, Australian Registrars' National Electronic Conveyancing Council.
Social Services Legislation Amendment (Consistent Waiting Periods for New Migrants) Bill 2021, Senate Community Affairs Legislation Committee.
Financial Accountability Regime – Exposure draft legislation, Treasury.

Section Submissions

Recently published Section Submissions.

Proposed changes to Explanatory Notes on Essentially Derived Varieties under the UPOV Convention, IP Australia, (Business Law Section).
Exploring Further Anti-Dumping System Changes, Department of Industry, Science, Energy and Resources, (Business Law Section).
Consumer Data Right Strategic Assessment, Treasury, (Business Law Section).

Inquiries and consultations

As of 17 August 2021.

Consultation paper on proposed changes to the rules regarding the admission of foreign lawyers, Legal Services Council.
Developing a voluntary code for charities to improve the transparency of charitable donations during natural disasters, The Treasury.
CP 346 The hawking prohibition: Update to Regulatory Guide 38, Australian Securities and Investments Commission.
Consumer Data Right strategic assessment and telecommunications sectoral assessment papers, The Treasury.
Exposure Draft Migration Amendment (Protecting Migrant Workers) Bill 2021, Department of Home Affairs.
Operationalising the National Strategic Framework for Information Sharing Between the Family Law and Family Violence and Child Protection Systems, The Treasury.
CP 345 Litigation funding schemes: Guidance and relief, Australian Securities and Investments Commission.
Inquiry into constitutional reform and referendums, House Standing Committee on Social Policy and Legal Affairs.
Draft Legislative Instrument Superannuation Guarantee (Administration) – choice of fund – written guidelines for the reduction of an increase in an employer's individual superannuation guarantee shortfall determination 2021, Australian Taxation Office.
Draft Explanatory Statement Superannuation Guarantee (Administration) – choice of fund – written guidelines for the reduction of an increase in an employer's individual superannuation guarantee shortfall determination 2021, Australian Taxation Office.
Draft Legislative Instrument Superannuation Guarantee (Administration) – stapled fund – guidelines for reduction of employer's individual super guarantee shortfall for late contributions due to non-acceptance by notified stapled fund determination 2021, Australian Taxation Office.
Draft Explanatory Statement Superannuation Guarantee (Administration) – stapled fund – guidelines for reduction of employer's individual super guarantee shortfall for late contributions due to non-acceptance by notified stapled fund determination 2021, Australian Taxation Office.
Reform of the Australian Charities and Not-for-profits Commission secrecy provisions – Recommendation 17 of the ACNC Review, The Treasury.
Strengthening Australia’s cyber security regulations and incentives, Department of Home Affairs.
Evaluation of the 2021 foreign investment reforms, The Treasury.
2021 Inquiry into Legal Practitioners' Scale of Costs, Joint Costs Advisory Committee
Model Participation Rules, Australian Registrars' National Electronic Conveyancing Council (ARNECC).
Financial and auditing requirements for superannuation funds, The Treasury.
Construction of a mandatory reporting requirement for lawyers, Department of Justice and Community Safety, Victoria.
Improving schemes of arrangement to better support businesses, The Treasury.
OECD Guidelines for Multinational Enterprises, Organisation for Economic Co-operation and Development (OECD).
Malaysia-Australia Free Trade Agreement, Department of Foreign Affairs and Trade.
Review of the Foreign Influence Transparency Scheme Act 2018, Parliamentary Joint Committee on Intelligence and Security.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Aboriginal and Torres Strait Islander Visual Arts and Crafts, Productivity Commission.
Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission

News and Media

Media releases/statements:

Closing the Gap: additional funding a step in the right direction, 6 August 2021.
PJCIS in agreement with the Law Council, 6 August 2021.
Government to reinstate measures allowing for virtual meetings and electronic document execution, 11 August 2021.
Amendments needed to sexual discrimination bill, 12 August 2021.

Key media articles:

‘Significant and workable': LCA backs cyber safeguard bill recommendations, Lawyers Weekly, 10 August 2021.
‘So much more is needed' to Close the Gap , Lawyers Weekly, 10 August 2021.
Restoring balance in disclosure, Australian Financial Review, 12 August 2021.
Judge warns of crackdown on compliance under new system, Sydney Morning Herald, 13 August 2021.
Frydenberg plays long game on class actions, Australian Financial Review, 14 August 2021.
Seize and destroy, The Saturday Paper, 14 August 2021.

Events

The Law Council of Australia and the Law Society of Singapore will be hosting a special webinar discussion on the mental health challenges facing legal practitioners.

While solicitors and barristers carry out vitally important work on a daily basis, the pressures and stresses associated with that work can have a negative effect on a person’s mental health and wellbeing.

Opened by Presidents Dr Jacoba Brasch QC (Law Council of Australia) and Mr Gregory Vijayendran SC (Law Society of Singapore), the webinar will consider the structural issues contributing to mental health challenges in the legal profession, and options to ameliorate these.

Moderator Shirin Tang will lead a discussion among eminent panellists from Australia and Singapore:

Ms Kylie Nomchong SC
Ms Emma Howard
Ms Sin Chei Liang
Mr Derric Yeoh

This is a free event for Australian lawyers, however registration is essential. Register here.

Other upcoming events

September 2021