The Lawyer Project Report
Throughout 2021, the Law Council has considered the critical role of the Australian legal profession in contributing to the social, economic and political health of the nation. The Lawyer Project is a culmination of this exercise and seeks to highlight the value of the legal profession and the differences it makes each day to its clients and to the broader community.
A key objective of the Lawyer Project is to increase public awareness of the role of the legal profession, in particular the beneficial contribution of the profession to the community through supporting trade and commerce, promoting certainty and the rule of law, and empowering individuals and civil society.
On 5 November, the Law Council published the report on its website. The report is available here.
Inquiry on the adequacy and efficacy of Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime
On the 10 November 2021, the Law Council of Australia provided evidence to the Senate References Committee on Legal and Constitutional Affairs Inquiry on the adequacy and efficacy of Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime. In her opening statement, Law Council of Australia President, Dr Jacoba Brasch QC said Australia’s free and vibrant working democracy is in large part due to its strong and profoundly secure attachment to an observance of the rule of law. Read opening statement here.
Inquiry into Australia’s engagement in Afghanistan
On 8 November 2021, the Law Council appeared before the Senate Foreign Affairs, Defence and Trade References Committee (Committee) as part of the Committee’s inquiry into Australia’s engagement in Afghanistan. The Law Council’s submission to the Committee recommended actions with the Australian Government and Department of Home Affairs should take in relation to the large number of Afghans who have sought protection from Australia, both before and after the withdrawal of NATO Allied personnel and the take-over of the Taliban in Afghanistan in August 2021. Read more.
Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021
The Law Council provided a submission to the Parliamentary Joint Committee on Corporations and Financial Services in response to the inquiry into the Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 (Bill), which proposes amendments to the Corporations Act 2001 (Cth). The Law Council notes that the Bill is aimed at improving outcomes for class action plaintiffs by seeking to ensure that group members receive a share of the claim proceeds which is fair and reasonable. The Law Council strongly supports that underlying purpose. Read the submission here.
Corporations Amendment (Meetings and Documents) Bill 2021
The Business Law Section provided a submission to the Senate Economics Legislation Committee in relation to the Corporations Amendment (Meetings and Documents) Bill 2021 inquiry. Read the submission here.
Ceremonial Sitting for the Honourable Justice Steven Strickland
On 8 November 2021, Law Council President, Dr Jacoba Brasch QC, virtually attended a ceremonial sitting for the Honourable Justice Steven Strickland at the Federal Circuit and Family Court of Australia (Division 1). Read the full speech here.
FCFCOA Special Measures Information Notice: COVID-19 Hearing protocol
As of 1 November 2021, the Federal Circuit and Family Court of Australia will increase the number of in-person hearings that are being conducted, whilst continuing to prioritise the health and safety of judges, staff and the community. In-person hearings will be restricted to final hearings/trials and a limited number of interim/interlocutory hearings. The FCFCOA SMIN – COVID-19 Hearing Protocol is available on the Court’s website.
LCA Submissions
Recently published Law Council Submissions.
- Phase 3 of Australia’s Digital Identity legislation, Digital Transformation Agency.
- Consultation: Stopping sexual harassment at work, Fair Work Commission.
- Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021, Senate Community Affairs Legislation Committee.
- Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021, Parliamentary Joint Committee on Corporations and Financial Services.
Section Submissions
Recently published Section Submissions.
- ASIC Consultation Paper 347: Payment for order flow rule amendments, Australian Securities and Investments Commission, (Business Law Section).
- Corporations Amendment (Meetings and Documents) Bill 2021, Senate Economics Legislation Committee, (Business Law Section).
- Guide and Exposure Draft regulation relating to the establishment of the Franchise Disclosure Register, Treasury, (Business Law Section).
Inquiries and consultations
As of 11 November 2021.
- Australia’s faunal extinction crisis, Senate Standing Committees on Environment and Communications.
- 2021-22 Review of the Legislation Act 2003, Attorney-General's Department.
- Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021, Senate Standing Committees on Finance and Public Administration.
- Legal Professional Privilege (LPP) Protocol, Australian Taxation Office.
- Review of the Workplace Gender Equality Act, Department of the Prime Minister and Cabinet.
- The performance and integrity of Australia’s administrative review system, Senate Standing Committees on Legal and Constitutional Affairs.
- 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.
- Improving the competency and accountability of family report writers, Attorney-General's Department.
- Online Privacy Bill Exposure Draft, Attorney-General's Department.
- Clarifying the treatment of trusts under insolvency law, The Treasury.
- National Anti-Racism Framework, Australian Human Rights Commission.
- Privacy Act Review – Discussion paper, Attorney-General's Department.
- Review into Division 105A of the Criminal Code, Independent National Security Legislation Monitor.
- Prudential Standard SPS 530 Investment Governance in Superannuation, Australian Prudential Regulation Authority.
- Prudential Standard SPS 250 Insurance in Superannuation, Australian Prudential Regulation Authority.
- 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) Australia’s engagement in Afghanistan, Foreign Affairs, Defence and Trade References Committee.
Children’s Contact Services – Methodology to select locations for additional services, Attorney-General's Department.
News and Media
Media releases/statements:
- Report corrects perception of lawyers, 5 November 2021.
Key media articles:
- We've been devalued, say lawyers, Australian Financial Review, 5 November 2021.
New report reveals the real importance of lawyers, QLS Proctor, 5 November 2021.
Legally (very) smart, The Australian, 6 November 2021.
‘The legal profession is vital to the health of Australian society', Lawyers Weekly, 8 November 2021.
‘Basically abandoned': Orphans and widows waiting on Australian visas to escape Afghanistan, SBS, 8 November 2021.
Real estate top money laundering concern, Senate told, Canberra Times, 11 November 2021.
Upcoming Events
November 2021
