Law Council's EPOA Roundtable

On 15 July 2021, Dr Jacoba Brasch QC, President of the Law Council of Australia convened a national roundtable to discuss EPOA law reforms. There is significant interest in this area given that the Meeting of Attorneys-General is currently considering a national register for financial EPOAs. 

The Roundtable brought together national experts from the legal sector (including the Law Council’s Constituent Bodies), public advocates, older persons stakeholder groups, law reform and human rights representatives. Read more.

Call for nominations - Australian Young Lawyer Awards

Do you know a young lawyer who has significantly contributed to the legal profession or a young lawyer organisation that deserves recognition?

Take this opportunity to nominate an individual or organisation for the 2021 Australian Young Lawyer Awards. The Australian Young Lawyer Awards rewards the excellence of young lawyers in recognition of an individual’s/organisation's continuous and outstanding contribution to the profession and the community.

Nominations close COB, 13 August 2021. For information on the awards, including nomination criteria please see the 2021 Australian Young Lawyer Awards Guide. Download a nomination form here.

LCA Submissions

Recently published Law Council Submissions. 

• A new decision-making framework for property matters in family law, Attorney-General’s Department.
• Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021, Senate Legal and Constitutional Affairs Committee.
• Discussion Papers – Approach to Liability and Governance Issues, Office of the Registrar-General.
• Use of the term ‘good faith’ in civil penalty and criminal offence provisions in Commonwealth legislation, Attorney-General’s Department.
• Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, Senate Education and Employment Legislation Committee.
• Implementing the successor plan to the National Framework for Protecting Australia’s Children, Department of Social Services.
• Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
• Consultation Paper on Rules 91B and 91BA of the Legal Profession Uniform General Rules 2015, Commissioner for Uniform Legal Services Regulation.
• Supplementary submission: Questions on notice Treasury Laws Amendment (2021 Measures No. 1) Bill 2021, Senate Economics References Committee.
• CATSI Amendment Bill exposure draft and supporting materials, National Indigenous Australians Agency. 
• Reform of the Australian Charities and Not-for-profits Commission secrecy provisions – Recommendation 17 of the ACNC Review, The Treasury.

Section Submissions

Recently published Section Submissions. 

• Competition and Consumer (Industry Codes - Unit Pricing) Regulations 2021, The Treasury, (Business Law Section).
• Breach Reporting Regulations – Supplementary Consultation, The Treasury, (Business Law Section).
• Consultation on remaking Class Order 11/272, Australian Securities and Investments Commission, (Business Law Section).
• Supplementary submission: Inquiry into the efficiency, fairness, timeliness and costs of the processing and granting of visa classes which provide for or allow for family and partner reunions, Senate Legal and Constitutional Affairs Committee, (Federal Litigation and Dispute Resolution Section).

Inquiries and consultations

As of 3 August 2021.

• Consultation paper on proposed changes to the rules regarding the admission of foreign lawyers, Legal Services Council.

• Social Services Legislation Amendment (Consistent Waiting Periods for New Migrants) Bill 2021, Senate Community Affairs Legislation Committee.

• Retirement Income Covenant, The Treasury.

• Model Operating Requirements Version 7 Consultation Draft, Australian Registrars' National Electronic Conveyancing Council (ARNECC).

• Developing the next National Plan to Reduce Violence against Women and their Children, Department of Social Services.

• Financial Services Royal Commission – Compensation Scheme of Last Resort, The Treasury.

• Financial Accountability Regime – July 2021, The Treasury.

• Draft Taxation Ruling TR 2021/D4 Income tax: royalties – character of receipts in respect of software, Australian Taxation Office.

• 2021 Independent Review of the Banking Code of Practice, Mike Callaghan AM PSM / Australian  Banking Association.

• CP 346 The hawking prohibition: Update to Regulatory Guide 38, Australian Securities and Investments Commission.

• Operationalising the National Strategic Framework for Information Sharing Between the Family Law and Family Violence and Child Protection Systems, The Treasury. 

• Consumer Data Right strategic assessment and telecommunications sectoral assessment papers, 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.

• Strengthening Australia’s cyber security regulations and incentives, Department of Home Affairs.

• (Supplementary) Review into the operation of section 22 of the NSI Act as it applies in the 'Alan Johns' matter, Independent National Security Legislation Monitor, Grant Donaldson SC.

• Evaluation of the 2021 foreign investment reforms, The Treasury.

• Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.

• 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 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.

• (Supplementary) Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020, Parliamentary Joint Committee on Intelligence and Security. 

• Improving schemes of arrangement to better support businesses, The Treasury. 

News and Media 

Media releases/statements:

• Federal Family Violence Orders scheme doesn’t have all the answers, 2 August 2021.
• Rule of law prevails in Samoa, 27 July 2021. 
• Excellent appointments to the Federal Court and Federal Circuit Court of Australia, 25 July 2021.
• Announcement of new Judge Advocate General for the ADF, 23 July 2021. 

Key media articles:

• New Judge Advocate General named for the ADF, Lawyers Weekly, 29 July 2021. 
• Federal Circuit and Family Court merger leaves public with ‘little information', Lawyers Weekly, 29 July 2021. 
• The state of the profession, Law Society Journal, 1 August 2021.
• New laws bring authorities a step closer to accessing encrypted offshore data, Law Society Journal, 1 August 2021.
• Lawyer at forefront of rights for Indigenous and PNG, Sydney Morning Herald, 2 August 2021.

Events

The Law Council of Australia is pleased to host an online webinar on the topic of ‘Frontline legal services in times of crisis'.

The legal assistance sector has carried many Australians through times of extreme crisis, with recent years no exception – from bushfires to the COVID-19 pandemic. This webinar will explore the achievements of the sector in trying times, and examine the challenges it has come up against.

Leaders in the sector Rowan McRae, Nassim Arrange and David Woodroffe will join with the Law Council’s President, Dr Jacoba Brasch QC, to identify improvements to be made so that the sector is better equipped to respond in future emergencies.

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