Legal profession leading change on domestic and family violence

Domestic violence experts from across the country, recently came together to take part in the LCA’s National Roundtable on Family Violence: Awareness, Education and Training, to start a new discussion on how the legal profession may re-think our responses to and understanding of Domestic and Family Violence.

Participants included experts from the legal profession, the legal assistance sector including Women’s Legal Centres and Family Violence Prevention and Legal Services, and from family violence prevention and victim support organisations, all of whom agreed that there needed to be greater emphasis on identifying and responding to family violence across the whole of the legal profession.

President of the Law Council, Dr Jacoba Brasch QC, said the Law Council convened the roundtable following the findings of several recent inquiries, that called for the legal system to be better equipped to respond to family violence and protect vulnerable individuals. Read more.

Not just words, time for action
In keeping with the theme of this year’s National Reconciliation week, More than a Word. Reconciliation takes Action, the Law Council of Australia is calling on all governments to take more action in legal and policy reform to ensure that the new targets set out in the National Agreement on Closing the Gap, do not remain aspirational. Read more.

Concerns as Dr Yang Hengjun faces trial
The Law Council of Australia strongly supports Minister for Foreign Affairs, Senator the Hon Marise Payne, in calling on the Chinese Government to permit Australian citizen Dr Yang Hengjun access to legal representation and consular assistance. Read more.

The Call for Change – Law, Culture, Diversity, Voice
Law Council President, Dr Jacoba Brasch QC, attended the Law Society of Western Australia’s Law Week Breakfast on the 19 May 2021 and was invited to speak at the event. You can read Dr Brasch's speech, "The Call for Change – Law, Culture, Diversity, Voice" here.

2021 Mahla Pearlman Award for the Australian Young Environmental Lawyer of the Year
The Legal Practice Section is calling for nominations for the 2021 Mahla Pearlman Award for the Australian Young Environmental Lawyer of the Year award. The Section is looking for a young lawyer who has made a significant contribution to environmental law.

Nomination close Friday, 11 June 2021. For more information about the award, visit the Law Council website.

Changes to enforcement powers in the Electronic Conveyancing National Law
The Law Council provided a submission to the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) in relation to the Position Paper on Changes to Enforcement Powers in the Electronic Conveyancing National Law. In the Law Council’s view, the existing enforcement measures under the Electronic Conveyancing National Law (ECNL) of suspension or termination are too limited, particularly in mandated eConveyancing jurisdictions. Read more.

Tom Yuncken Australian Young Construction Lawyer Award
The Business Law Section is calling for nominations for the 2021 Tom Yuncken Australian Young Construction Lawyer Award. Nominations close Thursday, 29 July 2021. For more information about the award, visit the Law Council website.

LCA Submissions

Recently published Law Council Submissions.

Changes to enforcement powers in the Electronic Conveyancing National Law, Australian Registrars’ National Electronic Conveyancing Council.
Supplementary submission: Inquiry into extremist movements and radicalism in Australia, Parliamentary Joint Committee on Intelligence and Security.
Supplementary submission: Inquiry on the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021, Environment and Communications Legislation Committee.

Section Submissions

Recently published Section Submissions.

Inquiry into the efficacy, fairness, timeliness and costs of the processing and granting of visa classes which provide for or allow for family and partner, Senate Legal and Constitutional Affairs Committee, (Federal Litigation and Dispute Resolution Section).

Inquiries and consultations

As of 21 May 2021.

Inquiry into the Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions], Senate Standing Committees on Legal and Constitutional Affairs.
Review of direct cross-examination ban - Family Law Act 1975, Attorney-General's Department.
Australia's Humanitarian Program 2021-22, Department of Home Affair.
(Supplementary) Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020, Parliamentary Joint Committee on Intelligence and Security.
Enhance and Enable - Indigenous Knowledge Consultations 2021, IP Australia.
Review of Model Defamation Provisions – Stage 2: Discussion Paper, Attorneys-General.
Regulator Performance Guide, Department of the Prime Minister and Cabinet.
Managing Travel across Australia's International Border during COVID-19, Australian National Audit Office.
Review of Judicial Impartiality, Australian Law Reform Commission.
National Register of Enduring Powers of Attorney, Attorney-General's Department.
OECD Australian National Contact Point (AusNCP) Peer Review 2021, The Treasury.
A New Decision-Making Framework for Property Matters in Family Law, Attorney-General's Department.
Developing the next National Plan to Reduce Violence against Women and their Children, Department of Social Services.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Royal Commission.
Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission.
(Supplementary) Commonwealth Integrity Commission consultation draft, Attorney-General’s Department.
Consultation on Uniform General Rules 91B and 91BA, Legal Services Council and Commissioner for Uniform Legal Services Regulation.

News and Media

Media releases/statements:

Call on Government to implement PJCIS recommendations, 14 May 2021.
Concerns as Dr Yang Hengjun faces trial, 26 May 2021.
Legal profession leading change on domestic and family violence, 30 May 2021.
Not just words, time for action, 31 May 2021.

Key coverage:

Australian writer detained in China deserves a fair trial, says LCA, Lawyers Weekly, 28 May 2021.
5 minutes with Dr Jacoba Brasch QC, QLS Proctor, 26 May 2021.
'I have no fear now,' detained Australian Yang Hengjun says in letter released ahead of trial in China, SBS, 26 May 2021.
Commonwealth Integrity Commission has 'serious deficiencies': Judges, police and lawyers, Sydney Morning Herald, 25 May 2021.
Students take on legal world in fight against sexual harassment, Brisbane Times, 24 May 2021.
Timeshare survey: ‘We want to get out but can’t’ say 30%, Choice.com, 18 May 2021.

Events

July 2021

15 July 2021 - Class Actions Forum: Capital, Regulation and the Public Interest
Host: Federal Litigation and Dispute Resolution Section and the Australian Academy of Law
Location: Federal Court of Australia, Sydney and online
Time: 5.00PM - 6.45PM

August 2021

10 August 2021 - 2021 Mahla Pearlman Oration
Host: Legal Practice Section and the Environment and Planning Law Association of New South Wales
Location: Federal Court of Australia, Sydney
Time: 5.00PM - 7.00PM