Global law leaders converge on Sydney for International Bar Association Conference
Caption: Deborah Enix-Ross (American Bar Association), Fiona McLeod SC and Hilarie Bass (American Bar Association).
Sydney became the heart of the legal world this week with more than 4,000 lawyers from around the world gathering for the International Bar Association’s Annual Conference. The Australian legal profession was at home in the hosting country, dominating major sessions on each day of the conference at the International Convention Centre Sydney, in Darling Harbour. Law Council President, Fiona McLeod SC, presented on a number of priority issues for Australian lawyers including: - Diversity and equality in the legal profession at the IBA Human Rights Institute “Women
firsts” Showcase alongside a stellar panel including Dame Quentin Bryce AD CV, the Hon Mary Gaudron QC Former Justice of the High Court of Australia and the Hon Linda Burney MP Shadow Minister for Human Services.
- Technology and the legal profession at the IBA Bar Breakfast hosted by the French Bar and The Rise of Legal Tech at The No Longer Brave New World session.
- The balance between migration, international security, rule of law and terrorism at the Bar Issues Commission (BIC) Showcase.
Law Council President-elect, Morry Bailes, spoke about Why – and how – to enhance the ratio of female talent in law firms on the opening morning of the Conference and Law Council. Chief Justice Susan Kiefel AC and Attorney-General Senator George Brandis QC addressed the Opening Ceremony. Senator Brandis' speech delivered a robust defence of the rule of law. With representatives from around 110 jurisdictions, Law Council President, Fiona McLeod SC, said the IBA Conference is the largest international gathering of the legal profession. “The IBA Conference really has been an unparalleled opportunity for Australian lawyers to engage with the best and brightest legal minds from across the globe, right on our own doorstep,” Ms
McLeod said. Relations between the Law Council of Australia and the Counseil National des Barreaux were strengthened with the signing of a Cooperation Memorandum of Understanding at the conference. The Law Council will also hold a networking event at the Museum of Contemporary Art to celebrate the conference tonight, ahead of its conclusion tomorrow.
Mandatory sentencing to toughen stance on child sex offenders could unintentionally harm teens
The Law Council has made a Submission to the Crimes Legislation Amendment (Sexual Crimes against Children and Community Protection Measures) Bill 2017, particularly highlighting a number of instances where the proposed minimum mandatory sentencing, could impact ordinary teenagers. The amendments, designed to strengthen penalties for child sex offenders operating in Australia and overseas, would see mandatory minimum sentences of at least five years for a range of offences. Law Council of Australia President, Fiona McLeod SC, said the Bill deals with
some of the most serious of offences and offenders found guilty should always receive sentences that reflect the severity of their conduct. However, she noted the Bill as it stands would result in a number of unintended consequences. The mandatory minimums would mean some normal young adult behaviours could be criminalised and those caught up facing jail terms, with a judge prevented from taking individual circumstances into account. The issue was covered in a Sydney Morning Herald article ‘Children could be ensnared in new abuse law’ and published in The Age 'New child sex laws ‘could trap ordinary teenagers’. The story also appeared online.
Detaining without charge children as young as 10 “draconian”
A special Council of Australian Governments counter-terror meeting was held in Canberra last week, which sought a nationally consistent approach to pre-charge detention with 14 days detention. Subject to viewing the details of the proposed measures the Law Council is likely to support the uniform and nationally consistent approach. However, of concern was the proposed extension of the 14-day pre-charge detention to children as young as 10, which Law Council President, Fiona McLeod SC, labelled as draconian. Making driver’s licences more readily available to police, was also discussed raising
concerns around the impact on civil liberties. A number of other measures were discussed at the COAG meeting including; possessing material that could be used by someone to prepare or carry out a terrorist attack offence, a specific-terrorism hoax offence and increase in detention hours from 4-8. Taxing Consequences for Legal Practitioners
The Australian Taxation Office has put together a case study resource to assist legal practitioners identify and understand the consequences of failing to comply with their tax obligations. The case study gives an overview of the penalties that can apply when legal practitioners do not meet their tax obligations and also gives some advice for those who require assistance with their tax affairs. If you think a person or a business is not complying with their taxation obligations, you can confidentially report it to the ATO online anytime or by calling 1800 060 062. You can read the ATO case study here. Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017
On 20 September 2017, the Law Council appeared before the Senate Legal and Constitutional Affairs Committee hearing into the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017. The Bill if enacted, will bring Digital Currency providers into the AML/CTF regime and clarify the objects clauses of the AML/CTF Act to more clearly state the domestic objectives of the Act is addressing serious financial crimes and other serious crimes. The Bill also seeks to provide regulatory relief by, among other things, qualifying the term “carrying on a business”. The key issues raised by the Law Council were that entities potentially subject to the AML/CTF regime needed greater certainty around the meaning of terms such as ‘serious offences’, ‘offences’ and ‘serious criminal offences’; and that the proposed amendments relating to
‘carrying on a business’ would not provide the intended regulatory relief.
Justice Project submissions
The consultation and submission period for the Justice Project has now closed. Thank you to all who have contributed, more than one hundred submissions have been received and more are expected. Some submissions have been uploaded to the Justice Project website and more will be uploaded in the upcoming weeks. The Law Council appreciates the ongoing support for the Justice Project. Australian Law Reform Commission on the Incarceration Rates of Aboriginal and Torres Strait Islander Peoples
On 6 October 2017, the Law Council provided a submission to the Australian Law Reform Commission on the Incarceration Rates of Aboriginal and Torres Strait Islander Peoples. The submission recommended substantial development of the availability of diversionary sentencing and bail options in consultation with Aboriginal and Torres Strait Islander organisations and communities, reform of sentencing approaches, including the abolition of mandatory sentencing, improved in data collection through a centralised body, and inclusion of justice targets in the Closing the Gap Strategy. Appointment of new CJ of the Family Court
welcomed
The Law Council of Australia has welcomed the appointment of Chief Judge John Pascoe AC CVO as the new Chief Justice of the Family Court. LCA President, Fiona McLeod SC, said Chief Judge Pascoe has been a well-regarded leader of the Federal Circuit Court since his appointment in 2004. Read more. Australian Young Lawyers' Conference and National Golden Gavel
The 2017 Australian Young Lawyers' Conference and National Golden Gavel Final will be held on Friday 20 October. This annual event is presented by the LCA's Young Lawyer Committee, in association with the NSW Young Lawyers, and supported by the Law Society of NSW. Registrations are closing soon. Register here.
AdvocacyCurrent inquiries and consultations - as of 11 October 2017. - National Water Reform, Productivity Commission.
- Waste and Recycling Industry in Australia, Senate Standing Committees on Environment and Communications.
- CP 294 The sale of add-on insurance and warranties through caryard intermediaries, Australian Securities and Investments Commission.
- The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyber bullying, Senate Standing Committee on Legal and Constitutional Affairs.
- Public consultation on several Intellectual Property (IP) matters, IP Australia.
- Review of Copyright Regulations 1969 and the Copyright Tribunal (Procedure) Regulations 1969, Department of Communication and the Arts.
- Litigation Funding and Group Proceedings: Consultation Paper, Victorian Law Reform Commission.
- Law of Contempt, Senate Standing Committee on Legal and Constitutional Affairs.
- Modern Slavery in Supply Chains Reporting Requirement – Public Consultation, Attorney General’s Department Minister for Justice.
- Review of the 'declared area' provisions, Parliamentary Joint Committee on Intelligence and Security.
- Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime, Parliamentary Joint Committee on Intelligence and Security.
Media release: Key Coverage: - “New child sex laws 'could trap ordinary teenagers'”, The Age, 12 October 2017.
- “Children could be ensnared in new abuse law”, Sydney Morning Herald, 12 October 2017 (also online).
- “'Ordinary teenage behaviour' captured by child sex crackdown”,
Canberra Times, 11 October 2017.
- “Chief of Family Court for a year”, The Australian, 11 October 2017.
- “George Brandis moves to turbocharge family law reform with unusual judicial appointment”, WA Today, 10 October 2017.
- “Law community bids farewell to Family
Court Chief Justice”, Lawyers Weekly, 10 October 2017
- “Law Council and ACT Bar Association question Andrew Barr's citizens' jury”, Sydney Morning Herald, 10 October 2017.
- “High Court: Meet the men and women behind the bench”, ABC online, 9 October 2017.
- “No change to child counter-terror laws: PM”, Sky News, 9 October 2017.
- No change to age kids can be detained: PM”, The Australian, 8 October 2017.
- Interview with Fiona McLeod SC on 2SM Sydney, 2GB, 8 October 2017, discussing the International Bar Association Conference in Sydney.
- “Migration agents air concerns over ‘harsh’ bill”, Lawyers Weekly, 6 October 2016.
- "Labor urges life terms for gun runners”, The Age, 5 October 2017.
- “Labor calls for gun runners to face life in jail, gun amnesty extension”, Sydney Morning Herald, 5 October 2017.
- “Turnbull denies new facial recognition measures amount to 'mass surveillance'”, The Guardian, 5 October 2017.
- Interview with Fiona McLeod SC on SBS World News, 5 October 2017, discussing the COAG meeting and new national security laws.
- Interview with Fiona McLeod SC on the Drum ABC, 5 October 2017,discussing about carers in Australia can struggle with employment and health issues.
- Interview with Fiona McLeod SC on the Drum ABC, 5 October 2017, discussing the Federal Government's request to make driver's licence photos available to be added to a national
facial recognition database, called the Capability, in a bid to enable real-time identification of criminals and terrorism suspects on CCTV footage.
- “The Drum – Thursday October 5”, ABC Online, 5 October 2017.
- “LCA calls for funding to support lawyers’ ‘staggering’ pro bono efforts”, Lawyers Weekly, 5 October
2017.
- “Turnbull defends proposed anti-terrorism laws as constitutional”, The Guardian, 4 October 2017.
- Interview with Fiona McLeod SC on ABC Sydney 7:30 program with Leigh Sales, 4 October 2017, discussing the new proposed counter-terrorism to hold and question terror suspects for up to two weeks without charge.
- Interview with Fiona McLeod SC on Radio National, AM Program, 4 October 2017, discussing the Federal Government’s plan to introduce a new Commonwealth
law to hold in question terrorism suspects for up to 14 days before they are charged.
- Interview with Fiona McLeod SC on ABC Radio Sydney, ABC Radio Darwin, ABC Radio Brisbane, ABC Radio Canberra, ABC Radio Adelaide, ABC Radio Hobart, 4 October 2017, discussing the Federal Government’s plan to introduce a new Commonwealth law to hold in question terrorism suspects for up to 14 days before they are charged.
- “Commonwealth wants terrorism suspects held 14 days without charge”, ABC Online, AM Program, 4 October
2017.
- “Women in Law judges revealed”, Lawyers Weekly, 2 October 2017.
- Interview with Fiona McLeod SC on Radio National, 29 September 2017, discussing the family law review system and the courts.
- “Brandis, Hanson in family law face-off”, Sydney Morning Herald, 29 September 2017.
- “Major family law review receives backing”, Lawyers Weekly, 29 September 2017.
- Interview with Fiona McLeod SC on ABC News Melbourne, 29 September 2017, discussing the Family Law Courts.
- “Family law review will consider whether court cases are too distressing for children”, SBS - World News Australia, 28 September 2017.
EventsUpcoming events 2017 2018
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