Concern that recommendations to add crucial safeguards to surveillance bill were ignored
The Law Council of Australia is concerned that the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 passed on 25 August 2021, did not adopt key recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) that included the implementation of critical safeguards. Read more.
Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020’
On 27 August 2021, the Law Council of Australia appeared before the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to give evidence relating to that Committee’s Review of the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020.
Evidence was given on behalf of the Law Council by Dr Jacoba Brasch QC (President), Dr David Neal SC (Co-Chair, National Criminal Law Committee), Ms Georgina Costello QC (Member, Migration Law Committee, Federal Litigation and Dispute Resolution Section), and Ms Leonie Campbell (Deputy Director, Policy Division). In its questioning, the PJCIS drew considerably from the lengthy submission made to that Committee by the Law Council, which is available on the Law Council’s website. Read more.
New Federal Circuit and Family Court of Australia
On 1 September 2021, the Federal Circuit and Family Court of Australia (FCFCOA) commenced. The FCFCOA circulated a media release with information on the Court’s two divisions and online material, along with a statement from Law Council President, Dr Jacoba Brasch QC. Information on Legislation and Rules can be found here.
Taxation Ruling TR 2021/D4 on Income tax: royalties – character of receipts in respect of software (TR 2021/D4)
The Taxation Committee of the Business Law Section provided a submission to the Australian Taxation Office in response to the draft Taxation Ruling TR 2021/D4 on Income tax: royalties – character of receipts in respect of software (TR 2021/D4). Read the submission here.
The intersection between Indigenous cultures and Australian legal custom: Embracing different ways of doing justice
Law Council President, Dr Jacoba Brasch QC, attended the Sunshine Coast Bar Association’s Professional Development Day 2021 on 28 August 2021 and was invited to speak at the event. You can read Dr Brasch's speech, “The intersection between Indigenous cultures and Australian legal custom: Embracing different ways of doing justice” here.
CP 345 Litigation funding schemes: Guidance and relief
The Law Council provided a submission to the Australian Securities & Investments Commission (ASIC) in response to its Consultation Paper 345: Litigation funding schemes: Guidance and Relief. Read the submission here.
Frontline legal services in times of crisis webinar
On 11 August 2021, the Law Council of Australia hosted an online webinar on the topic of ‘Frontline legal services in times of crisis'. Panellist included Ms Rowan McRae (Executive Director Civil Justice, Access and Equity, Victoria Legal Aid), Mr Nassim Arrage, CEO (CLCs Australia) and Mr David Woodroffe, (Principal Legal Officer, NAAJA). The session was moderated by Law Council President, Dr Jacoba Brasch QC. A recording of the webinar is available here.
Korda Mentha Australian Bar Association Concurrent Evidence Survey: Hot Tubbing – hot or not?KordaMentha and the Australian Bar Association (ABA) are conducting a survey to gather views on concurrent evidence practices in Australia. The survey has been designed to collect the opinions of those who give, examine or assess expert evidence, whether in litigation, arbitration or other hearings, to obtain benchmark information regarding current and best practices for concurrent evidence in Australia.
Survey closes on 17 September 2021. More information about the survey, and the link to complete is on the ABA website.
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.
- 2021 Independent Review of Banking Code of Practice, Independent Reviewer.
- Australian Charities and Not-For-Profits Commission Amendment (2021 Measures No.2) Regulations 2021, Senate Standing Committee for the Scrutiny of Delegated Legislation.
- Inquiry into Constitutional Reform and Referendums, Standing Committee on Social Policy and Legal Affairs.
- Exposure Draft Migration Amendment (Protecting Migrant Workers) Bill 2021, Department of Home Affairs.
- CP 345 Litigation funding schemes: Guidance and relief, Australian Securities & Investments Commission.
Section Submissions
Recently published Section Submissions.
- Relief to Foreign Financial Service Providers, Treasury, (Business Law Section).
- Taxation Ruling TR 2021/D4 - Draft Taxation Ruling - Income tax: royalties – character of receipts in respect of software, Australian Taxation Office, (Business Law Section).
Inquiries and consultations
As of 2 September 2021.
Using technology to hold meetings and sign and send documents – August 2021, Australian Taxation Office.
Strengthening Australia’s cyber security regulations and incentives, Department of Home Affairs.
Reform to ss 47 and 45AR of the Competition and Consumer Act 2010 (Cth), The Treasury.
Commissioner’s Interpretation Statement CIS2014/02 Provision of Housing by Charities, Australian Charities and Not-for-profits Commission.
2021 Inquiry into Legal Practitioners' Scale of Costs, Joint Costs Advisory Committee.
Model Participation Rules, Australian Registrars' National Electronic Conveyancing Council (ARNECC).
Improving schemes of arrangement to better support businesses, The Treasury.
Construction of a mandatory reporting requirement for lawyers, Department of Justice and Community Safety, Victoria.
OECD Guidelines for Multinational Enterprises, Organisation for Economic Co-operation and Development (OECD).
R&DTI – Review of the dual-agency administration model, The Board of Taxation.
Strengthening protections against unfair contract terms, The Treasury.
Review of GST on low value imported goods, The Board of Taxation.
Malaysia-Australia Free Trade Agreement, Department of Foreign Affairs and Trade.
Recent changes to the Official Journal of Trade Marks.
Review of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, Parliamentary Joint Committee on Intelligence and Security.
Review of the Foreign Influence Transparency Scheme Act 2018, 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.
Consultation paper on proposed changes to the rules regarding the admission of foreign lawyers, Legal Services Council.
News and Media
Media releases/statements:
Key media articles:
- Legal community backs calls for Afghan assistance, QLS Proctor, 19 August 2021.
- New surveillance law to combat crime on the 'dark web' has civil liberties groups worried, Sky News Australia, 26 August 2021.
- Australian powers to spy on cybercrime suspects given green light, The Guardian, 25 August 2021.
Legal experts have criticised the government's proposed amendments to visa and citizenship laws, SBS, 28 August 2021.
- Australia's merger laws are ‘failing to protect competition', Lawyers Weekly, 30 August 2021.
- Working with clients with disability: improving experiences in the justice system, Law Society Journal, 1 September 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
- 7 September 2021 - Chief Justices Past and Present: Dispute Resolution Lecture Series - Lecture Two
Host: International Law Section
Format: Online via Zoom
Time: 5.00PM - 6.10PM
29 September 2021 - Authors' Series – The Psychology of Lawyers in Litigation and Negotiation
Host: International Law Section
Format: Online via Zoom
Time: 8.00AM ‐ 9.00AM
