Information for the legal profession on
COVID-19 outbreak

 

These are unprecedented times.

The Law Council of Australia remains committed to maintaining continuity of access to legal advice and legal services and will continue to monitor the flow of information in relation to the COVID-19 pandemic.

From today, the Law Council will provide a daily update comprising information and advice from the Courts, Federal Government Departments, State and Territory Law Societies and Bar Associations and Law Council Sections, with a view to assisting members of the legal profession to keep informed of this rapidly evolving situation. I also invite you to visit our dedicated COVID-19 page on the Law Council website, which is being updated regularly.

Without doubt, the pandemic gives rise to many complex administrative issues for the Courts and the conduct of their services. It also presents many legal issues for businesses, employers and employees. This was captured in a letter I sent yesterday to the Attorney-General, in which I offered the services and advice of the Law Council.

You may be aware that today, the welfare of prisoners has been raised in a meeting between Federal, State and Territory Attorneys-General and Corrective Services Ministers. Prior to the meeting I sent a letter to the Federal Attorney-General outlining the work already underway within the jurisdictions while offering our assistance to work through the complex policy issues with the government during these uncertain times.

This letter is available on our website for your information.

The Law Council remains open for business with staff working remotely, to represent Australia’s 65,000 lawyers to Federal Government. We will continue to work on a range of policy submissions to inquiries that remain underway and identify opportunities to work on proactive policy projects. I am grateful for the ongoing contributions of our Constituent Bodies, Sections and Committees to our submissions.

We are also considering constructive suggestions as to legislative amendments that could be made with a view to assisting the Courts, legal service providers and associated services during this time.

This crisis will pass. In the meantime, stay connected with family, friends and colleagues, and stay healthy and well.

Best wishes

Pauline Wright
President
Law Council of Australia

 
 

Family Court Matters

The Law Council is urging families to use common sense regarding Family Court matters. Listen to Law Council President, Pauline Wright and member of the Law Council Executive, Caroline Counsel on ABC Radio. 

 

Updates from the Family Court and Federal Circuit Court

The Family Court and the Federal Circuit Court are acutely aware that the current pandemic is having an enormous impact upon families.

The Courts remain open and the Chief Justice the Hon William Alstergren, has today released a clarifying statement addressing concerns parents may have about the ability to comply with parenting orders during these unprecedented times.

This statement can be read here.

The Courts have implemented procedures to primarily conduct business by telephone and videoconferencing when this becomes possible. Only urgent matters will be dealt with in face-to-face hearings or interviews, which will be conducted pursuant to new protocols.

The Courts have provided the below updates and documents. 

  • Covid-19 Measures and Listing Arrangements for Registrars and Child Dispute Services (CDS) - 23 March 2020.
  • Face-to-face Interview Protocol CDS.
  • Face-to-face in Court Protocol Registrar Work.
  • Court Room 6C Diagram.
 

Updates from the Federal Court

Wherever possible, Court registry services will be provided by telephone or through online services.

The Court has been in communication with all parties with matters listed for hearing in the coming months to identify opportunities for listings to proceed by way of telephone conference or other remote access technology.

In the event that litigants need to attend Court in person, protective measures have been put in place for staff and Court users. Read more.

 

Update from the Australian Taxation Office

The Law Council’s Business Law Section (BLS) has been in communications with many government departments and agencies including the Australian Taxation Office (ATO) regarding emergency measures in light of COVID-19.

The BLS advises that at this stage, any member of the profession (or any taxpayer for that matter) who requires a BAS lodgement or tax payment extension because of the current situation, should contact the ATO (directly or via their tax agents) to request the extension.

The earlier affected taxpayers engage with the ATO the better. All public indications suggest that any reasonable requests will be considered favourably, but if members experience otherwise, please let the Law Council know so that appropriate feedback to the ATO can be given. 

The ATO COVID-19 webpage contains useful FAQs covering issues such as payment arrangements, lodgement, penalties and interest, as well as other essential information about tax and superannuation changes following the passage of the Australian Government’s Economic Support Package.

 

Update from the Australian Prudential
Regulation Authority

The Australian Prudential Regulation Authority (APRA) has announced the temporary suspension of its program to replace APRA’s Direct to APRA (D2A) data collection tool with APRA Connect. Read more.

 

Joint Select Committee on Australia’s Family Law System

The Committee has postponed the following hearings.

  • 6–9 April 2020: Launceston, Hobart, Melbourne;
  • 28–30 April 2020: Darwin, Alice Springs and Adelaide; and
  • 9–11 June 2020: Kalgoorlie and Perth.

The Committee intends to reschedule these hearings, and information and further updates will be published on the Committee's webpage. In order to continue the Committee’s work over the coming weeks, it will schedule camera hearings with individual submitters by teleconference.

For more information, please contact via email familylaw.sen@aph.gov.au or call 02 6277 3439.

 

The Joint Committee of Public Accounts and Audit 

The Joint Committee of Public Accounts and Audit has postponed scheduled public hearings. Read more.

 

Senate Standing Committees on Economics

All scheduled face-to-face public hearings have been postponed until further notice. The Committee is examining the potential to conduct some hearings via teleconference and will be in contact with relevant stakeholders. Read more.

 

Attorney-General's consultation process paused due to COVID-19

The Attorney-General's Department's industrial relations consultation process is currently paused due to disruptions caused by COVID-19.

The below consultations have been suspended. 

  • Improving protections of employees’ wages and entitlements: further strengthening the civil compliance and enforcement framework.
  • Review of the Code for the Tendering and Performance of Building Work 2016.
 
 

Quick Links to Government Support for Businesses and Households Impacted by COVID-19

 

Business.gov.au support line:
13 28 46

  • Small or medium business with reduced cash flow?
    Here’s what we’re doing to boost your cash flow.
     
  • Is your business financially distressed?
    This is what we’re doing to support you.
     
  • Assisting the economic recovery
    Here’s how we’ll support you to grow.
     
  • Employ an apprentice or trainee?
    This support is for you.
     
  • Are you a sole trader that has lost business?
    This is what we’re doing to support you and your business.
     
  • Household finances hit by reduced work?
    Here’s what we’re doing to help support your family budget.
    Payments to support households.
 
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Law Council of Australia
GPO Box 1989
Canberra ACT 2601
Australia
mail@lawcouncil.asn.au
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