Law Council welcomes passage of Constitutional Alteration to provide
for the Voice
On 19 June 2023, the Law Council of Australia welcomed the passage through the Senate of the Constitutional Alteration to establish an Aboriginal and Torres Strait Islander Voice to Parliament and the Executive.
“With the passage of the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (Cth), there is now certainty that a referendum on the amendment to the Australian Constitution to provide for the Voice will be held later this year. The Law Council looks forward to date for the referendum being set,” Law Council of Australia President Luke Murphy said.
“The Law Council has long supported a constitutionally enshrined Voice as a necessary and overdue recognition of First Nations peoples in the Australian Constitution. The Law Council was pleased to make a submission and give evidence to the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum inquiry into the Constitution Alteration. Read the full media release here.
The Referendum for an Aboriginal and Torres Strait Islander Voice – Guidance material’
The Law Council of Australia has been a longstanding supporter of a constitutionally enshrined Voice, as articulated in the Uluru Statement from the Heart. Consistent with this position, the Law Council has prepared guidance material that articulates the basis for its support for the Voice and explains the proposed amendment to the Constitution and its implications. Read the guidance material here.
2023 National Access to Justice and
Pro Bono Conference
L-R: Ms Gabriela Christian-Hare, CEO of the Australian Pro Bono Centre, Professor Ed Santow, University of Technology Sydney, The Hon Mark Dreyfus KC, MP, Commonwealth Attorney-General, and Mr Luke Murphy, President of Law Council of Australia.
The 2023 National Access to Justice and Pro Bono Conference was held last week in Brisbane. The Conference was co-hosted by the Law Council, Australian Pro Bono Centre and Queensland Law Society.
The Conference was an opportunity for the various members of the legal assistance and pro bono sectors to reunite for the first time since the pandemic. Across the two-day Conference, more than 300 people committed to supporting access to justice for society’s most vulnerable.
Feedback on the Conference received so far has been extremely positive. The Conference Program included a mix of plenary sessions and business sessions across four tracks: Legal assistance sector; Innovation and reform; Family law and access to justice; and Pro bono services. A particular strength of the Conference is that it can draw on the significant knowledge and experience of eminent people to guide and enlighten the attendees across a range of topics of relevance to these sectors.
Read more and a photo gallery is available on the Law Council website here.
Ceremonial sitting speech for the Honourable Justice Emilios Kyrou AO
On 28 June 2023, Law Council President, Mr Luke Murphy, attended a Ceremonial Sitting to welcome the Honourable Justice Emilios Kyrou AO, at the Federal Court of Australia. President Murphy presented a speech at the ceremonial sitting.
The speech is available here.
Appointment of Justice Bromberg as President of the Australian Law Reform Commission
The Law Council of Australia strongly supports statements made on 23 June 2023, by the Honourable Debra Mortimer, Chief Justice of the Federal Court of Australia.
The Chief Justice’s statements raise concerns about certain media coverage of the appointment of Justice Mordy Bromberg as the next President of the Australian Law Reform Commission (ALRC).
The Law Council echoes Chief Justice Mortimer’s remarks that, for more than a decade, Justice Bromberg has served the Australian community commendably as a highly respected, fair minded and dedicated member of the Federal Court.
Read the full media release here.
The operation of Commonwealth FOI laws submission
The Law Council recently made a submission to the Senate Legal and Constitutional Affairs References Committee in relation to its Inquiry into the operation of Commonwealth Freedom of Information (FOI) laws.
This submission was informed by input from several Constituent Bodies, in addition to the Federal Dispute Resolution Section’s Administrative Law Committee. It emphasises that the transparency afforded to the FOI scheme, through the Freedom of Information Act 1982 (Cth) (FOI Act), is critical to the effective operation of the administrative law system and, more broadly, to the integrity of Australia’s democratic institutions.
Read the full article here.
LCA Submissions
Recently published Law Council Submissions.
- Modernising Australia's anti-money laundering and counter-terrorism financing regime, Attorney-General's Department.
- Proposed changes to scheme of arrangement procedures, Federal Court of Australia.
- The operation of Commonwealth Freedom of Information (FOI) laws, Senate Legal and Constitutional Affairs Committee.
Section Submissions
Recently published Section Submissions.
- Tax consequences on sales of small scale land subdivisions, Australian Taxation Office, (Business Law Section).
- Nature Repair Market Bill 2023 and Nature Repair Market (Consequential Amendments) Bill 2023 [Provisions], Senate Standing Committees on Environment and Communications, (Legal Practice Section).
Inquiries and consultations
As of 30 June 2023
- Financial Services Legislation Inquiry on Interim Report C, ALRC.
- Greenwashing, Senate Standing Committees on Environment and Communications.
- Review of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021, Parliamentary Joint Committee on Intelligence and Security.
- Family Law Amendment Bill 2023, Senate Legal and Constitutional Affairs Committee.
- 23-154MR ASIC consults on remaking ‘sunsetting’ class orders on unit pricing discretions for managed investment schemes, ASIC.
- Review of post-sentence terrorism orders: Division 105A of the Criminal Code Act 1995, Parliamentary Joint Committee on Intelligence and Security.
- Renewal of class exemption for same class offers ASX/NZX-quoted financial products, Financial Markets Authority (NZ).
- Inquiry into Australia's Human Rights Framework, Parliamentary Joint Committee on Human Rights.
- Reforms to the Payment Systems (Regulation) Act 1998, The Treasury.
- Licensing of payment service providers – payment functions, The Treasury.
- Responsible AI in Australia, Department of Industry, Science and Resources.
- A New Model for Regulating Aged Care - Details of the proposed new model, Department of Health and Aged Care.
- Treasury Laws Amendment (Measures for Consultation) Bill 2023: Non-arm’s length expense rules for superannuation funds, The Treasury.
- Supplementary Sub: Joint Standing Committee on Migration - 12 May 2023 public hearing - Questions on Notice, Joint Standing Committee on Migration.
- The Australian Debit Card Market: Default Settings and Tokenisation, Reserve Bank of Australia.
- Continuing Professional Development for Legal Practitioners on Coercive Control, Attorney-General's Department.
- Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
News and Media
Media releases/statement:
Key media articles:
- Service recognised, Grenfell Record & Bland Advertiser, 22 June 2023.
- High Court Chief Justice opens pro bono conference, QLS Proctor, 22 Jun 2023.
- Movers & Shakers: Slew of commissioner appointments, The Mandarin, 23 June 2023.
- Drivers think road rules are always about them, The Age, 27 June 2023.
- National Access to Justice and Pro Bono Conference, Mark Dreyfus MP, 29 June 2023.
Upcoming Events
The Legal Practice Section's Superannuation Law Committee is excited to invite you to its Second SPLASH event.
The event was created so that Australia’s superannuation lawyers have an extra opportunity to reconnect with each other in between the Sections' national conferences, held each March. Whether you missed the annual conference in March, or were there and are already keen to catch up again, the Legal Practice Section would love to see you at the Sydney SPLASH in August.
Limited number of tickets available, learn more and register here.
The Legal Practice Section's Australian Consumer Law Committee will be hosting another exciting ‘Consumer Rights Forum’ in Brisbane and by webinar. This year's topic is "Natural Disaster Insurance: The Real Cost".
Limited number of tickets available with complimentary entry, registrations close 11 July 2023, unless sold out prior. Learn more and register here.
The Legal Practice Section of the Law Council of Australia and the Environment and Planning Law Association of New South Wales will co-host the 11th Mahla Pearlman Oration on 20 July 2023 in Sydney and online.
The Mahla Pearlman Oration honours the memory of the late Honourable Mahla Pearlman AO, the former Chief Judge of the Land and Environment Court of New South Wales (1992–2003), and former President of the Law Council of Australia (1989–90). The annual event is a tribute to Chief Judge Pearlman’s achievements and inspiration to younger generations of environmental lawyers. Learn more and register here.
Join the International Law Section for the third lecture in the Authors' Series for 2023, featuring Professor Wojciech Sadurski, A Pandemic of Populists (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 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 COB 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 22-23 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.
