27 September 2019
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The Law Society of Western Australia and the Law Council of Australia have welcomed the announcement by the Attorney General the Hon John Quigley MLA of proposed changes to the enforcement and recovery of fines in WA. The Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2019 (WA) has been introduced into State Parliament and proposes to make imprisonment for non-payment of fines “restricted so as it can only be ordered by a Magistrate, and even then only as a sanction of last resort”. »Read the full statement The Value of Your Membership in ActionThe Law Society has long advocated for amendments to fines enforcement legislation, including as outlined in a Briefing Paper on the issue. The Law Society views imprisonment for fine default as an unjust and disproportionate punishment affecting those people already
experiencing significant disadvantage, including Aboriginal and Torres Strait Islander peoples. Without your support and participation as a member, the Law Society would not be able to advocate for such reforms or act as the "voice of the legal profession".
Thank you for your valued membership.
Last Chance to Submit Your Committee EOI
The biennial 'spill' of Law Society committee members has commenced. If you wish to apply to join a Law Society committee, or if your current term expires at the end of December 2019 you will need to complete an online expression of interest form (EOI). Please ensure that you submit your EOI by close of business today, 27 September. If an EOI is not received by the closing date you will be deemed not to be seeking reappointment. All EOIs will be considered by a working
group of the Law Society's Council in October, following which recommendations for appointment will be reviewed and approved by Council. Appointments to committees will take effect from 1 January 2020. Please address any queries to advocacy@lawsocietywa.asn.au.
Elections for 2020 Law Society CouncilNomination forms for the Law Society Council elections will be sent to all eligible members on Tuesday, 1 October. Nominations for election to Council will close on Wednesday, 16 October. On Wednesday, 30 October, electronic ballot papers will be transmitted via email to all members eligible to vote. The election process will be managed by CorpVote, an independent voting services organisation. Ballots will close at 3.00pm WST on Wednesday, 13 November. The Law Society seeks the broadest possible representation of the WA profession on its Council and encourages
you to consider nominating – look out for the nomination forms in your email inbox next Tuesday.
Attorney General's Statement on the Case of Jody GoreThe Attorney General the Hon John Quigley MLA has released a statement regarding the case of Jody Gore. »Read the statement
Civil Procedure (Representative Proceedings) Bill 2019 (WA)The Attorney General has advised that the above Bill passed through the Legislative Assembly yesterday. The Bill introduces a legislative representative proceedings regime in the Supreme Court of Western Australia, substantially modelled on Part IVA of the Federal Court of Australia Act 1976 (Cth). »Further information
Corrective Services – Procedures for Legal Practitioners When Visiting PrisonersCorrective Services has issued an order which outlines procedures in relation to legal practitioners visiting prisoners. »Read the order Custodial Operational Policies and Procedures Commencing in July 2018, the Custodial Operational Policies and Procedures project was established to provide clear and consistent custodial operational policies and procedures, to ensure corrections officers know what is required of them. The 18 month project will deliver policies and procedures for prisons throughout WA and Banksia Hill Detention Centre. »Read the summary document Corrective Services has produced Operational Policy and Procedures Charts for Prisons and for Banksia Hill Detention Centre.
Law Council of Australia UpdateThe latest fortnightly Update from the Law Council of Australia urges parliamentarians to undertake family violence awareness training and has information on the Law Council's new Sustainable Development Policy. »Read the Update
Francis Burt Law Education Programme and Old Court House Law Museum Advisory CommitteeThe Francis Burt Law Education Programme, Mock Trial Competition and the Old Court House Law Museum are administered by the Law Society. The FBLEP and Museum Advisory Committee (Advisory Committee) is responsible for the significant planning, management decisions and overall development of the FBLEP, the Competition and the Museum and reports to the Law Society Council. Three Sub-Committees support the work of the Advisory Committee. The Advisory Committee meets bi-annually or as required. It is a high level group made up of representatives of the various key
stakeholders as well as interested persons prepared to provide patronage and support to the FBLEP, the Competition and the Museum. Three new positions on the Advisory Committee are now open to EOIs. Persons with interests in community legal education, history, interpretation and/or heritage who want to make a difference are encouraged to consider this opportunity and submit an online EOI form.
Lawyer Visits to
Schools NetworkEmmanuel Christian Community School – Girrawheen
1 x group of 5 Year 11 students
Topic: Strengths and weaknesses of the civil trial process
1hr session including Q&A
Monday, 14 October: 1.15pm to 2.15pm OR Tuesday, 15 October: 8.45am to 9.45am Manea Senior College – Bunbury
1 x group of 14 Year 11 students
Juvenile justice
60 min sessions including Q&A
10.30am Wednesday, 16 October OR Friday, 18 October Maylands Peninsula Primary School – Maylands
1 x group of 29 Year 4 students
History of the Law: How laws have changed and why? + Being a lawyer
45-60 min session including Q&A
1.30pm – 2.30pm 12, 13, 19 or 20 November 2019. To volunteer please contact us on (08) 9324 8686 or email schools@lawsocietywa.asn.au.
Continuing Professional Development
The Law Society’s new CPD Programme for September to November 2019 is now available exclusively online. Our website has a fresh, new look and an improved search function that makes it easier than ever to discover our seminars. In this Programme we have a variety of new, exciting formats including our Twilight Series, Webinar Wednesdays, Masterclasses and eLearning, providing greater choice and convenience than ever before.
Wednesday, 2 October 2019 | 9.00am – 12.30pm
Designed to keep you informed on Criminal Law issues relevant to your practice, this Masterclass will provide valuable insights into this year's most significant topics, including the Migration Act, Fetal Alcohol Spectrum Disorder and Intimate Image Abuse Legislation. Register now to hear from:
David Davidson (Chair)
Senior State Prosecutor,
Office of the Director of Public Prosecutions for Western Australia Karen Farley SC
Appeals Consultant, Legal Aid WA Sophie Manera
Principal Solicitor, Rothstein Lawyers
Kati Kraszlan
Acting Commissioner for Victims of Crime, Department of Justice Dr Carmela Pestell
Clinical Neuropsychologist and Psychologist; Associate Professor, University of Western Australia
With thanks to our CPD partner
Last Chance to Register! Be inspired and learn first-hand from a range of established professionals on their career journey The Atrium Conference Centre | Level 4, 168 St Georges Terrace, Perth
Law Society Members: FREE | Non-members: $30 Join us on Thursday, 3 October for our information and networking event Careers Uncut, where you will hear from speakers working in a variety of areas including small firms, government, in-house, the courts, Francis Burt Chambers, Community Legal Centres and more on what their current roles entail and the path they took to get there. Hear from a wide range of speakers:
Nicola Ashford, Senior Associate, Culshaw Miller Lawyers
Sean Gomes, Solicitor, Leaker Partners
Aleksandra Miller, Law Graduate, State Solicitor's Office and former Judge’s
Associate in the WA Court of Appeal and Supreme Court of WA
Alex Mossop, Counsel, Francis Burt Chambers and Legal Officer,
Australian Army Reserve
Nicole Mumford, Legal Counsel, RAC
Brendyn Nelson, Assistant State Counsel, State Solicitor's Office
Chloe Wood, Solicitor, Aboriginal Legal Service of WA
Society SundownerThursday, 24 October 2019 | 5.30pm – 7.30pm | The Spaniard, 31 Wolf Lane, Perth
FREE for members, join us at the next Society Sundowner at tapas bar The Spaniard for an evening of refreshments, Spanish canapés and friendly conversation. The private bar upstairs with views over Wolf Lane will provide the perfect backdrop to forge new professional relationships, exchange ideas with old friends or simply unwind after a day at the office.
Mixed Netball CompetitionFriday, 1 November 2019 | The University of Western Australia,
Recreation and Fitness Centre, 35 Stirling Highway, Crawley
The Law Society Young Lawyers Committee's popular annual Mixed Netball Competition promises a fun night of friendly competition. Does your firm have the skills to take out the top prize? Teams will need at least seven players and a minimum of four females on the court at all times. If you don’t have enough people in your office for a full team, we will find a team for you. Register today to get in on the action!
Presented by the Law Society's
Young Lawyers Committee
Supported by the Piddington Society
For Country Practitioners
Mental Health Week Forum: Vicarious Trauma and Compassion Fatigue: Trauma Informed Practice
The Piddington Society will host the capstone session of the full-day Mental Health Forum being hosted by Legal Aid WA on Thursday, 10 October 2019 in Port Hedland. The session starts at 4.30pm will consider legal referrals for human and welfare support services. This will be an open conversation for all attendees, including discussion regarding the emotional impact such matters can have on practitioners. »Register now
The Piddington Society 2019 Margaret River Conference
The Margaret River Conference (18-20 October 2019) will be chaired by Catriona Macleod (Cullen Macleod Lawyers), who has assembled an all-star group for a weekend which balances CPD with collegiality. »Register now
2019/2020 Country Practitioners Risk Management Programme
WEBINARS – Country Practitioners Only
Dealing with Difficult Clients: a Practical Guide to Positive Client Relationships6 November 2019
1.00pm – 2.00pm
Ronwyn North,
Streeton Consulting
Communication Risk – How to Identify and Reduce Exposure20 November 2019
1.00pm – 2.00pm
Ronwyn North,
Streeton Consulting
Matter Management Guidelines – Providing 26 February 2020
12.00pm – 2.00pm
Vicki Coles,
Manager Risk,
Law Mutual (WA)
Focusing on Information and Communication – Getting it Right in the Delivery Stage15 October 2019
4.00pm – 5.00pm
Deborah Templeman, Gilchrist Connell
Practice Management – Accountability, Responsibility and Limits to Authority22 October 2019
4.00pm – 5.00pm
Cameron Hay,
MYR Consulting
Professional Liability Risks and Controls in Litigation12 November 2019
4.00pm – 5.00pm
JC van der Walt,
Jackson McDonald
Regalia CraftLaw Society members receive a 10% discount at Regalia Craft. Suit up in styles and cuts that are created for the modern man. Buy slim, straight and wool formal and business men’s suits and accessories.
To access the members only privileges page, use password: 2019LawSociety
Pro BonoAll applicants have been means tested and assessed by Law Access as being vulnerable people with great difficulty self-representing. If you are able to provide any assistance, please email lawaccess@lawaccess.net.au. - Wills: The Salvation Army is seeking two solicitors to assist at its Swan View Community Wills Day on 10 October 2019 to prepare simple wills. There are two time slots available (9.00am to 12.30pm or 1.00pm to 4.30pm).
- Equal opportunity law: initial advice is sought in relation to potential claims against an educational institution in relation to disability discrimination.
- Family law: an applicant on a very low income struggling to meet her living expenses seeks assistance in relation to a property settlement matter in circumstances where the other party earns a significant income.
External EventsFraud and Corruption Outreach and Information Session –Commonwealth Attorney-General's DepartmentTuesday, 22 October 2019 | 10.00am – 12.00pm
KPMG, 235 St Georges Terrace, Perth The Crimes Legislation Amendment Powers Offences and Other Measures Act 2018 (CLAPOOM) amended the Crimes Act 1914 to create an authorisation for any person or entity to disclose personal information to a Commonwealth entity for an integrity purpose. This session is an opportunity to address questions about the operation of the legislation. RSVP directly by email to fraud@ag.gov.au by Tuesday, 15 October 2019.
Administrative Appeals Tribunal’s (AAT) Annual Migration and Refugee Stakeholder ForumsExpressions of interest are now open for the Administrative Appeals Tribunal’s (AAT) annual migration and refugee stakeholder forums. Deputy President Jan Redfern PSM will chair the forum, which will also feature presentations from other senior representatives of the AAT and the Immigration Assessment Authority. The
proposed date for the 2019 Perth forums is Wednesday, 23 October, 2.00pm to 4.00pm. Complete the online form by 9 October to register your interest in attending.
External NoticeCommonwealth Attorney-General's Department
Legal Practitioners SurveyThe Attorney-General’s Department is completing internal research on the Civil Dispute Resolution Act 2011 (CDR Act). In particular, the Department is considering whether the requirement under the CDR Act for parties to file a ‘genuine steps’ statement prior to filing an application for court orders has been effective in meeting its objectives, including in reducing the volume of litigation brought before the federal courts in civil matters. As part of its research, the Department is administering online surveys to key stakeholders, including legal practitioners. The survey can be accessed via the following link: https://www.surveymonkey.com/r/CDRAct-Practitioners.The survey closes COB 4 October 2019.
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