Professions must adhere to professional and ethical standards

On 6 August 2023, the Law Council welcomed the Australian Government’s careful consideration of reforms with the broad objective of strengthening the integrity of the tax system, as set out in its joint Ministerial media release.

“We look forward to engaging with the Australian Government during its consultation on these proposed reforms, having regard to the views of the legal profession,” Law Council of Australia President, Mr Luke Murphy said.

“In particular, the Law Council supports the Government's public interest objective in ensuring that all members of a profession adhere to their professional and ethical responsibilities.

“It must be noted that the Australian legal profession is subject to one of the most stringent regulatory frameworks of any profession in Australia. Should legal practitioners fail to uphold their obligations under these regulations, their practicing certificate may be suspended or cancelled as a result.”

Read the full media release here.

Climate-related financial disclosure

The Law Council made a submission to Treasury’s second consultation on climate-related financial disclosure on 2 August 2023.

Consistent with its Climate Change Policy, and earlier submission on this topic, the Law Council strongly supports the development of a mandatory climate-related financial disclosure regime for Australia, drafted to reflect the IFRS S2 Climate-related Disclosures (IFRS S2) as issued by the International Sustainability Standards Board (ISSB).

The IFRS S2 requires corporations and financial services entities to disclose information about their climate-related risks and opportunities, from their first annual reporting period after 1 January 2024. This includes information relating to governance processes, strategy, risk management, and performance against climate metrics and targets – and that could reasonably be expected to affect an entity’s prospects. The IFRS S2 both reflects that the impacts of climate change are increasingly relevant to investor decisions and aims to drive climate-positive investment by facilitating market access to entities’ climate credentials.

Read the full article here.

Modernising document execution

The Law Council recently made a submission to the Attorney-General’s Department in response to its consultation on proposed reforms to the execution of Commonwealth statutory declarations.

In its submission, the Law Council supported the continued modernisation of arrangements for the execution of legal instruments and welcomed the Department’s proposal to concurrently enable the execution of statutory declarations through paper-based, electronic and digital methods. The submission provided feedback on each of these methods while emphasising the importance of the available execution pathways accommodating the needs and limitations of parties at the time that a Commonwealth statutory declaration may be required. The Law Council expressed that measures must be included to reduce opportunities for fraud and abuse in the utilisation of new methodologies.

Read the full article here.

Continuing Professional Development for Legal Practitioners on Coercive Control

On 28 July 2023, the Law Council provided a submission to the Attorney-General’s Department in response to its Discussion Paper on ‘Continuing Professional Development for Legal Practitioners on Coercive Control’. The Law Council noted its support for measures that will promote an increased understanding within the legal community of coercive control which will, in turn, lead to effective recognition and improved responses. The Law Council’s submission included suggestions in relation to the effective use of the allocated funding, the types of organisations best placed to develop and deliver the training program, the content of potential training, the provision of national or local information, the mode of delivery and the potential data and evaluation requirements.

Equitable Briefing Policy Annual Reports 2022/23

The reporting period for the Law Council’s Equitable Briefing Policy is still open. Adoptees of the Policy have until 30 September 2023 to submit their annual reports. To submit a report or for more information, visit the LCA website here.

Australian Young Lawyer Awards 2023

The nomination round for the 2023 Australian Young Lawyer Awards is still open.

The Australian Young Lawyer Awards is conducted annually by the Law Council of Australia's Young Lawyers' Committee and recognises excellence in young or early career lawyers and young lawyer organisations.

To be eligible for the award, a nominee must either be a young or early career lawyer who has made a continuous and outstanding contribution to the profession and the community, or alternatively, a young lawyer organisation that has implemented a program relating to professional or community issues over the preceding financial calendar year.

For more information about the Awards, including the eligibility criteria is available in the Award Guideline. The nomination form is available here.

Nominations close 5.00pm, 25 August 2023.

2024 John Koowarta Scholarship

Applications for the Law Council of Australia’s 2024 John Koowarta Reconciliation Law Scholarship are now open.

The Koowarta Scholarship was established in 1994, with the aim of promoting the study and practice of the law by Aboriginal and Torres Strait Islander peoples. It commemorates John Koowarta as a member of the Winychanam community and a traditional owner of the Archer River region on the Cape York Peninsula in Queensland. John Koowarta is widely regarded as being at the forefront of Aboriginal land rights in Australia during the late 1970s and early 1980s. He is today revered as one of the most important figures in the progression of Native Title rights for Aboriginal and Torres Strait Islander peoples.

The Koowarta Scholarship is available to Aboriginal and Torres Strait Islander students enrolled in an Australian tertiary institution undertaking an approved course of study that may lead to admission as a legal practitioner in any Australian jurisdiction.

Applications close COB on Friday, 15 September 2023.

For more information and eligible criteria here, to apply here.

LCA Submissions

Recently published Law Council Submissions.

Data and Digital Government Strategy, Digital Transformation Agency.
Consultation on draft revisions to Part 5 of the FOI Guidelines: Exemptions, Office of the Australian Information Commissioner.
Climate-related financial disclosure: Second consultation, The Treasury.
Modernising document execution: consultation on proposed reform to the execution of Commonwealth statutory declarations, Attorney-General's Department.
Supplementary Sub: Joint Standing Committee on Migration - 12 May 2023 public hearing - Questions on Notice, Joint Standing Committee on Migration.
Migration Amendment (Strengthening Employer Compliance) Bill 2023, Senate Legal and Constitutional Senate Legal and Constitutional Affairs Committee.

Section Submissions

Recently published Section Submissions.

Draft Tax Determination TD 2023/D1, Australian Taxation Office, (Business Law Section).
Licensing of payment service providers – payment functions, the Treasury, (Business Law Section).
Treasury Laws Amendment (Making Multinationals Pay Their Fair Share integrity and transparency) Bill 2023, Senate Standing Committees on Economics.

Inquiries and consultations

As of 11 August 2023.

Review of the regulatory framework for managed investment schemes - consultation, The Treasury.
Greenwashing, Senate Standing Committees on Environment and Communications.
Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
Responsible AI in Australia, Department of Industry, Science and Resources.
Financial Services Legislation Inquiry on Interim Report C, Australian Law Reform Commission (ALRC).
Variations in the Quantum of Costs (including expenses and fees for witnesses) Allowable to Legal Practitioners, Joint Costs Advisory Committee (JCAC).
Supplementary: Sexual consent laws in Australia, Legal and Constitutional Affairs References Committee.
New ACMA powers to combat misinformation and disinformation, Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Consultation paper – Capital management advice and guidance, Australian Taxation Office.
Responsible Lending Approach consultation, Australian Financial Complaints Authority (AFCA).
Modernising the individual tax residency rules, The Treasury.

News and Media

Media releases/statement:

Professions must adhere to professional and ethical standards, 6 August 2023.
Court best placed to make decisions in best interests of children, 11 August 2023.

Key media articles:

'Law Council of Australia seeks amendments to the National Security Information Act', Australasian Lawyer, 29 July 2023.
'Consent laws and the path to justice', Sunday Examiner, 30 July 2023.
'Women on the rise as partnerships keep coming, but there's much to do', The Australian, 1 August 2023.
GOA declaration principles critical by Luke Murphy, Law Institute Journal, 1 August 2023.
Interview with Law Council President, Luke Murphy, on Radio National, Law Report with Damien Carrick, discussing interpreters and the need for them within the justice system. Mr Murphy says, interpreters must be available from when people are interviewed by police to when they're called to appear in court, 1 August 2023.
'Concerns raised over federal Labor's disinformation bill', Byron Shire Echo, 2 August 2023.
'Australia tops world for climate change litigation', Australian Financial Review, 4 August 2023.

Upcoming Events

The Sections of the Law Council of Australia in collaboration with the Queensland Law Society and Townsville District Law Association invite you to attend a half-day CPD seminar covering a broad range of topics presented by specialist members of the Sections.

Attendees are eligible to claim 0.5 CPD points for each session. Suggested CPD categories are listed within the program. The event will consist of eight 30-minute sessions and conclude with a one-hour post event refreshments and networking.

Registrations close COB Friday, 1 September 2023, unless fully sold out prior to registration closing date. Tickets cost $50.00 per person.

For more information about the event program or to register, click here.

The International Law Section invites you to join the fourth Authors' Series webinar for 2023, featuring Professor Wojciech Sadurski, author of 'A Pandemic of Populist' (Cambridge University Press 2022), and Dr Wolfgang Babeck, Deputy Chair of the Law Council of Australia's International Law Section.

For more information about the event or to register, click here.

The Federal Dispute Resolution Section will be hosting a ADR Seminar in Adelaide on 12 October 2023. The event will be chaired by Ms Mary Walker OAM, commentary on Med-Arb & Hybrid ADR processes.

Registrations close Monday, 9 October 2023. Limited tickets still available. To learn more about the event and to register click here.

The Immigration Law Committee from the Federal Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers in the Gold Coast.

The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience.

In-person registrations is now open, and close Friday, 13 October 2023. Learn more and register here.

The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 14-15 March 2024. The conference will be conducted over two days and will canvass current issues in Australian immigration law.

If you would like to be placed on the mailing list for this event, please contact the Section Administrator on the details below. Registrations will open mid to late 2023. Learn more here.

LAWASIA and The Bar Association of India have the great pleasure of inviting their members and other legal professionals to join the 36th LAWASIA Conference from Friday 24 to Monday 27 November 2023 in the bustling city of Bengaluru, India at the Four Seasons Hotel Bengaluru.

The Annual Conference is LAWASIA’s flagship event and the highlight of its professional events program. It is a platform for the convergence of bar leaders, jurists, professional organisations and individual lawyers from across the Asia Pacific, and is designed to facilitate the discussion of regional developments in law, including Family Law, Human Rights & Rule of Law, Business Law, Environmental Law, Alternative Dispute Resolution, Criminal Law, Intellectual Property

As a generalist legal event, the Annual Conference also serves as an important forum for sharing ideas, building professional networks, reinforcing shared professional values, advocating for the rule of law in varied jurisdictions, and advancing the status of the legal profession in the Asia Pacific.

To learn more about the conference and to register, visit the LAWASIA website.