13 December 2019
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Read the December edition of Brief now. In this edition: - Modern Ethical Dilemmas: Upholding Client Confidentiality as the Cornerstone of the Legal Profession
- Pointing the Finger – Making Allegations of Wrongdoing by Another Practitioner to the Legal Profession Complaints
Committee
- Israel Folau: The Last Line of Defence – Part II, The Contract Claims
- A Matter of Trust: Re Application of Country Road Services Pty Ltd (Re Browne Family Trust) [2019] NSWSC 779
- Mandatory Cancellation of Visas Pursuant to Section 501 of the Migration Act 1958 (Cth)
- Federal Court, High Court and Family Law Case Notes
- The latest Quirky Case and Drover's Dog
Did you know? You can read Brief on your mobile device, including through the free Issuu app on the Apple App Store or Google Play. Once you have downloaded the Issuu app, links to editions of Brief (such as those in this Friday Facts) will automatically open in the app.
Federal Court of Australia – Amended Practice NotesThe Law Council of Australia has been asked by the Chief Justice of the Federal Court to provide comments on a number of amended Practice Notes recently developed and finalised by judges of the Court. The amended Practice Notes are to take effect from 20 December 2019. Further details, including copies of the amendments, are available from the link here. Members are invited to send their comments on the amended Practice Notes to the Law Council by email to Nathan.Macdonald@lawcouncil.asn.au by Monday, 16 December 2019.
Aboriginal Women's Legal Education Trust –
Seeking ApplicationsThe Aboriginal Women's Legal Education Trust provides scholarships to
Aboriginal and Torres Strait Islander women to attend WA universities to study law. Applications must be received by 12 noon on Friday, 14 February 2020.
»Read more
Law Society Meeting with the SheriffThe timely and efficient enforcement of Court orders are an important tenet to the administration of justice in our State. Representatives of the Law Society of Western Australia will shortly be meeting with the Sheriff to discuss enforcement processes in Western Australia in relation to both fines and civil judgments. The Society is interested to hear from its members on how the processes for judgment enforcement can be improved and also any feedback, concerns or queries they may have, including specific examples of previous dealings
with bailiff services, so that they can be raised during the course of the meeting. Members are reminded to consider issues of client confidentiality when providing specific details of incidents. Please send your input to advocacy@lawsocietywa.asn.au.
Law Council of Australia: opinion pieceThe President of the Law Council of Australia, Arthur Moses SC, has published an opinion piece in the Daily Telegraph on 12 December 2019 regarding the new exposure draft of the Religious Freedoms Bills.
Continuing Professional Development
Now Open for Registrations!
The Law Society of Western Australia is delighted to bring you a new CPD programme starting in February 2020 with a wide variety of seminars ranging from CPD 123 For You, Ethics on Friday, Masterclasses, Twilight Thursdays, Webinars and eLearning opportunities. Each session will offer essential legal information, expertise and recent updates to keep you continually informed. Created once again through close engagement between the Law Society and the profession, it provides content that is relevant and responsive to developments in the law and practice in Western Australia. Find out more here.
eLearning Seminars – Available 24/7
With thanks to our CPD partner
District Court 50th Anniversary Black Tie Gala Dinner
Bookings now open!Saturday, 4 April 2020 | 6.30pm – 11.30pm
Crown Towers Join us for a historic occasion not to be missed, as we reflect on the contributions the District Court of Western Australia and its members, past and present, have made to the State of Western Australia over the last 50 years. This black tie event will commence at 6.30pm in the Ballroom of Crown Towers with invited guests and friends of the District Court gathering in style to celebrate as one, reflect and look to the future together. Guests will experience great food, fine wine, music and company at this special event for the legal community. Tables of ten, groups or individual tickets are available to mark this momentous occasion.
Accountability, Responsibility and
Authority – it’s all about the limits! 5 February 2020 | 1.00 pm – 2.00pm
Sean Popperwell,
Popperwell & Co Lawyers
Out of Practice: The Risks of Straying Outside Your Usual Area of Work
6 February 2020 | 4.00pm – 5.00pm
Ashley Macknay, MDS Legal
Risk Management Webinar for Country Practitioners
Matter Management Guidelines – Providing
Wednesday, 26 February 2020 | 12.00pm – 2.00pm
Vicki Coles, Manager Risk, Law Mutual (WA)
2 Points: Competency 1, Practice Management
Law Mutual Insureds: $0* | Law Society Members: $180 | Non-members: $250 To register to attend the webinar, please email cpd@lawsocietywa.asn.au.
For any enquiries, please contact Shumi Tsungu,
Administration & Risk Officer on (08) 9324 8624.
Law Mutual (WA) is facilitating this two hour webinar for Country Practitioners. Attendance will count towards your risk management training requirements for an annual contribution discount in the 2019/2020 Insurance Year, subject to certain requirements of declaration and documentary evidence of attendance being produced upon request. *If you are a Law Mutual (WA) insured, you are entitled to attend free or subsidised risk management seminars to a total of two hours. If you attend any additional seminars in excess of the free or subsidised risk management two hours you will be required to pay the member or non-member fee,
depending on the seminar you attend and your Law Society membership status.
With spectacular views of the ocean and beach, Odyssea Café in City Beach brings an exciting dining experience to Western Australia’s iconic coastline. Members of the Law Society receive a 25% discount on their total bill up to a maximum of $45.
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.
- Guardianship and Administration: An applicant with a mental disability wishes to be released from guardianship but does not object to having an administrator to manage his financial affairs. The applicant seeks one-off advice (and further assistance if appropriate) about his prospects of amending the guardianship orders.
- Personal Injury: An elderly man requires advice in relation to being joined as a third party to District Court proceedings against the State. Experience in both personal injury and criminal law would be useful.
- Family Law: An
applicant with a disability seeks one-off advice in relation to consent orders proposed by the other party. The relationship ended a number of years ago but the parties still jointly own a property.
- Family law property settlement – enforcement of orders: Consent orders for property settlement were made by the Court in March 2019. The terms of the orders include the other party paying the applicant a sum of money by instalments. Some payments were made, but instalments stopped in September. As the balance owing is a relatively modest sum, the applicant requires pro bono advice and assistance with preparation of an enforcement application.
Consumer law / debt: an elderly woman who has declared bankruptcy seeks assistance to resolve a dispute with her car repair service. The car repair service has held her car since January 2019. They are claiming around $5,000 in repairs and $6,000 in storage fees, but have not provided an itemised invoice.
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