Law Council's President's Dinner
Caption: Attorney-General, Senator the Hon George Brandis QC, LCA President, Fiona McLeod SC, and Shadow Attorney-General, the Hon Mark Dreyfus QC, MP.
More than 150 legal professionals and distinguished guests attended the Law Council’s annual President’s Dinner at the National Gallery of Australia on 30 November 2017.
Law Council President, Fiona McLeod SC, reflected on an influential year at the Law Council, which included successful advocacy outcomes in issues including: advocating for the reversal of cuts to Community Legal Centres, supporting marriage equality and the Senator Dean Smith bill, opposing mandatory minimum sentences in Federal legislation, arguing against amending s18C of the Racial Discrimination Act and defending the judicial independence of the AAT and the courts.
Ms McLeod also acknowledged the Law Council’s Legal Aid Matters campaign and the Council’s efforts to halt the ratification of the Australia-China extradition treaty in addition to success in regards to integrity issues and whistle-blower reform. Other areas of influence included work on slavery and human trafficking, business and HR, counter-terrorism reforms, advocacy for the courts and family law reform.
“It can seem removed from the intellectual work of Law, to do the media rounds, to be in the bustle of the discourse, to argue the point in the dirty hubbub of democracy’s street fights - but the more we talk, the more robust and present are the arguments in the public domain, and people understand why they matter, then governments will be more inclined, whether coerced or in self-interest, or through noble cause, it doesn’t matter - to act accordingly,” Ms McLeod said.
“And people will perhaps have a greater sense of what their own rights are, or at least how to find out.” Read more here.
Caption: Member of the LCA Executive, Konrad de Kerloy, Fiona McLeod SC, Pauline Wright, Morry Bailes and Geoff Bowyer.
Legal aid and rule of law champion David Neal wins 2017 President’s Award
Caption: Fiona McLeod SC, Law Council President and Dr David Neal SC, 2017 President's award winner.
On 30 November 2017, LCA President, Fiona McLeod SC, presented the 2017 President's Award to Dr David Neal SC at the Law Council's annual President's Dinner.
The President’s Award is awarded to an individual who has been an 'outstanding example to the Australian legal profession and to those who might seek to join its ranks.'
“David Neal has made outstanding contributions to the Law Council, the Victorian Bar and to law reform in this country. He has been influential in the development and improvement of law and the administration of justice,” Ms McLeod said.
Dr Neal noted, "I am greatly honoured to have been nominated by my home bar council the Victorian Bar for this award & then doubly honoured by the decision of the national representative body, the Law Council of Australia to award this prize to me." Read more.
Australia leaps forward on human rights with marriage equality bill
The Law Council congratulated the Australian Parliament for passing a historic bill legalising marriage equality and enshrining a fundamental human right. Law Council President, Fiona McLeod SC, said it was “a tremendous day not just for LGBTQI Australians, but for Australian human rights and Australian justice.” It was the Law Council's view that the marriage equality bill presented to Parliament struck the right balance between protecting the right to religious freedom and the right to be free from discrimination. We are grateful that Parliament formed the same view and Australia has removed discrimination from the Marriage Act. Read more here.
Complete unconscious bias training
Lawyers make a multitude of decisions daily that affect themselves and others, and when unconscious biases are in play, the outcomes may be less than optimum. Research by leading institutions demonstrates that unconscious bias has a significant effect on our everyday decision-making abilities in the workplace.
The online training module presented by the Law Council’s exclusive provider of unconscious bias training for legal practitioners, Symmetra, exposes valuable and practical insights regarding how and where biases emerge in the opinions and decisions of legal professionals. In this interactive course, practitioners can learn about the concept of unconscious bias, how it affects their business and industry, and equip themselves to help overcome potential biases in the future. You can take the Unconscious Bias Fundamentals for Legal Practitioners training today in one hour and earn a CPD point in the process.
Convention on the Rights of the Child On 20 November 2017, the Law Council provided a submission to the Attorney-General’s Department on Australia’s Draft Report to the UN Committee on the Convention on the Rights of the Child (CRC). The Australian Government is due to report to the Committee in January 2018 on its implementation of the CRC in Australia as part of a periodic review process. The Law Council’s submission raised concerns about Australia’s laws, policies and practices in relation to matters including mandatory sentencing laws, the age of criminal responsibility, widespread and systematic abuse in juvenile detention centres, restrictive bail laws, children in out-of-home care, mandatory detention of asylum-seeking children and the persistent under-funding of legal aid.
Proposed Extradition Treaty and Mutual Legal Assistance Treaties with the Hashemite Kingdom of Jordan
The Law Council prepared a submission to the Joint Standing Committee on Treaties (JSCOT) on:
- the Agreement between the Government of Australia and the Hashemite Kingdom of Jordan on Extradition (the proposed Extradition Treaty); and
- the Agreement between the Government of Australia and the Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters (the proposed Mutual Assistance Treaty) (collectively, the proposed Treaties).
The Law Council considers that the proposed treaties as currently drafted do not contain sufficiently robust protections regarding those likely to be extradited to Jordan or
prosecuted subject to a request for legal assistance. The Law Council therefore opposes Australia’s ratification of the proposed Treaties. In addition, the Law Council considers that the proposed Treaties exacerbate, rather than allay, concerns about potential adverse impacts created by the current extradition and mutual assistance regimes. In its submission therefore, the Law Council directs its recommendations towards improving safeguards in the proposed Treaties as well as the Extradition Act 1988 (Cth) and Mutual Assistance in Criminal Matters Act 1987 (Cth).
Law Council attends launch of Free to be Kids – National Plan of Action
On 27 November 2017, Change the Record representatives, including Law Council President, Fiona McLeod SC, gathered on the front lawns of Parliament House to launch the National Plan of Action on Youth Justice, Free to be Kids. “The Royal Commission into Protection and Detention of Children in the Northern Territory demonstrated shocking abuse of Aboriginal and Torres Strait Islander children in prisons, and we know that similar abuses are happening right around the country,” said
Cheryl Axleby, Co-Chair of Change the Record.
The eight-point plan calls on the Federal Government to raise the age of criminal responsibility to 14, adequately fund Aboriginal and Torres Strait Islander community-controlled legal services and work through COAG to reform State and Territory laws that breach children’s rights. Following the Launch, Australian Greens Senator Rachel Siewert tabled the Plan in the Senate.
Advocacy
Current inquiries and consultations - as of 1 December 2017.
- Modernisation of the Anti-Discrimination Act, Northern Territory Attorney-General and Minister for Justice or the Department of the Attorney-General and Justice.
- Introduction of Australian Securities and Investments Commission’s Fees-for-Service under the Industry Funding Model, Treasury.
- CP 19 Laws relating to beneficiaries of trusts, New South Wales Law Reform Commission.
- Open Government Partnership Australia, IP Australia.
Recent submissions
Interim Guidelines on misuse of market power, 1 December 2017.
Interim Guidelines on Concerted Practices, 1 December 2017.
Guidelines for Authorisation of Conduct (non merger), 1 December 2017.
Treaties on Extradition and Mutual Assistance between Australia and Jordan, 30 November 2017.
News and Media
Media release:
House of Representatives urged to say ‘yes’ to marriage equality with no major amendments, 4 December 2017.
Legal aid and rule of law champion David Neal wins 2017 President’s Award, 1 December 2017.
Intention to ratify ILO Forced Labour Protocol crucial step in combating slavery, 24 November 2017.
Key Coverage:
- “Marriage equality: Get it done”, Lawyers Weekly, 6 December 2017.
- “How the government gets a helping hand while its staff get shackled”, Canberra Times, 5 December 2017, (also online).
- “Leichhardt MP Warren Entsch brings forward gay marriage bill”, Herald Sun, 5 December 2017.
- “Praise for Aussie plans to ratify forced labour laws”, Lawyers Weekly, 29 November 2017.
- Interview with Fiona McLeod SC on ABC Illawarra, 28 November 2017, discussing the religious freedom.
- “Australia to join international anti-slavery fight”, ABC online, 28 November 2017.
- “Law is falling far behind the tech”, Innovation Aus, 27 November 2017.
- “Insurance premiums may rise with super code”, AFR, 27 November 2017.
- “LCA welcomes religious freedom panel”, Lawyers Weekly, 24 November 2017.
- “Courts pushed to develop international commercial list”, Australian Financial Review, 24 November 2017.
- Interview with Fiona McLeod, president, Law Council of Australia. Former Liberal frontbencher Philip Ruddock will chair a panel tasked by Prime Minister Malcolm Turnbull with reviewing protections for religious freedom, ABC Central West, Orange.
Events
Event wrap up: Hot Topics Event
On 1 December 2017, the Commonwealth Compensation & the Employment Law Committee from the Federal Litigation and Disputes Resolution Section hosted the Hot Topics event at Sparke Helmore Lawyers in Sydney. The event was chaired by the AAT President, The Hon Justice David Thomas. The sessions conducted were engaging, informative and useful. Thank you to all the speakers and Sparke Helmore - Sydney for your hospitality.
Caption: From left to right – Brenton Lochert (Comcare), Gary Jeffery (Comcare), John Mrsic (Barrister – 4th Floor Selborne Chambers), The Hon Justice David Thomas (AAT President) & Sophie Callan (Barrister – 12 Wentworth Selborne Chambers).
Upcoming events
2018
- 10 February - Sydney 2018 Family Law Intensive
Host: Family Law Section
Venue: TBC
Email: events@familylawsection.org.au
24 February - Brisbane 2018 Family Law Intensive
Host: Family Law Section
Venue: TBC
Email: events@familylawsection.org.au17 March - Perth 2018 Family Law Intensive
Host: Family Law Section
Venue: TBC
Email: events@familylawsection.org.au5 May - Melbourne 2018 Family Law Intensive
Host: Family Law Section
Venue: TBC
Email: events@familylawsection.org.au26 May - Adelaide 2018 Family Law Intensive
Host: Family Law Section
Venue: TBC
Email: events@familylawsection.org.au
