2023 Commonwealth Law Conference in Goa
Bar Leader and CEO Forum, Commonwealth Law Conference, 5 March 2023
From 5-9 March 2023, Law Council President Mr Luke Murphy attended the 23rd Commonwealth Law Conference in Goa, India.
The President attended a Bar Leader and CEO Forum, in which 42 bar leaders from around the Commonwealth unanimously adopted a Declaration on strengthening the independence of the Judiciary and on ensuring the independence of the legal profession. The final Declaration incorporated the President’s suggestions regarding lawyers having timely access to relevant documentation to effectively represent their clients, and reiterating the sanctity of legal professional privilege – both of which are recognised in the Law Council of Australia’s Rule of Law Principles. The President also attended CLA General Meeting and Australasia Hub Networking Forum.
The President chaired a conference session entitled ‘Regulation of the profession and COVID emergency measures – pitfalls and lessons’, and served as a panellist in a session entitled ‘Constitutions-evolution or circumscription?’, in which the President spoke about Australia’s experience with constitutional change, the upcoming referendum on the Voice to Parliament, and the Law Council’s support for the Voice.
In the margins of the Conference, the President met with counterpart bar leaders from Malaysia, Singapore and England and Wales, and senior officeholders of the Commonwealth Lawyers Association and LAWASIA. He also convened a meeting to discuss preliminary matters relating to the Legal Services Regulatory Dialogue established under the Australia-UK Free Trade Agreement, which was attended by presidents and representatives of the Law Society of England and Wales, the Bar Council of England and Wales, the Law Society of Northern Ireland, and the Faculty of Advocates of Scotland.
UN Human Rights Council - 52nd session
Law Council President Mr Luke Murphy delivered two oral statements during the 52nd session of the United Nations Human Rights Council, which is presently underway in Geneva.
On 15 March 2023, President Murphy presented an oral statement in the Interactive Dialogue with the Special Rapporteur on the situation of human rights defenders. The statement, which was co-sponsored by the International Bar Association’s Human Rights Institute (IBAHRI), noted the key role played by lawyers to address the implementation gap between the Declaration on Human Rights Defenders and national laws and policies, and uphold and defend human rights in the context of the legal system.
This was followed by an oral statement, co-sponsored by the IBAHRI, delivered in the Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Myanmar on 20 March. The statement expressed concern regarding the Myanmar military’s weaponisation of the legal system to entrench its power, conceal human rights abuses, and avoid accountability.
The Law Council also co-sponsored two statements delivered by the IBAHRI before the Special Rapporteur on the situation of human rights in Afghanistan and the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran.
Parliament House meeting to discuss the LCA's policy positions
Law Council President, Mr Luke Murphy, attended Parliament House on 21 March 2023 and met with several cross-bench Senators to discuss the Law Council’s position on various matters currently, or soon to be, before the Senate. Law Council CEO, Dr James Popple, Law Council Director of Policy, Ms Leonie Campbell, and Law Council Deputy Director of Policy, Mr Nathan MacDonald also attended the meetings.
Pictured: Law Council President, Mr Luke Murphy and Director of Policy, Ms Leonie Campbell outside of Parliament House.
Family Law Amendment Bill 2023 Exposure Draft
The Law Council recently made a submission to the Attorney-General’s Department in response to its exposure draft of the Family Law Amendment Bill 2023 and accompanying Consultation Paper. This submission was heavily informed by the Law Council’s Family Law Section in addition to many Constituent Bodies, and the Law Council is grateful for each contribution.
In its submission, the Law Council supports, at least in principle, most of the changes to the Family Law Act 1975 (Cth) that are proposed in the draft bill and makes various observations and suggestions in relation to the drafting of the provisions and potential practical implications of the changes. Read more.
Workplace Gender Equality Amendment Bill 2023
On 6 March 2023, the Law Council made a submission to the Finance and Public Administration Legislation Committee in response to its inquiry into the Workplace Gender Equality Amendment Bill 2023 (the Bill).
The Bill seeks to amend the Workplace Gender Equality Act 2012 (Cth) (Act).
The Act relevantly:
- requires relevant employers to lodge reports each year containing information relating to various gender equality indicators; and
- establishes the Workplace Gender Equality Agency (WGEA), which, amongst other things, advises and assists employers in promoting and improving gender equality in the workplace.
The Bill responds in part to the recommendations of a Review into the Act conducted in 2021 by the Department of the Prime Minister and Cabinet, to which the Law Council made a submission.
LCA Submissions
Recently published Law Council Submissions.
- Family Law Amendment Bill 2023, Attorney-General's Department.
- Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, Senate Finance and Public Administration Committees.
- Targeted review of offences for human trafficking, slavery and slavery like practices in Divisions 270 and 271 of the Criminal Code, Attorney-General's Department.
- Religious Educational Institutions and Anti-Discrimination Laws, Australian Law Reform Commission.
Inquiries and consultations
As of 24 March 2023
- Inquiry into Australia's Human Rights Framework, Parliamentary Joint Committee on Human Rights.
Electronic Transaction Act Consultation, Attorney-General's Department.
Consultation on amendments to the OECD Guidelines, The Treasury.
Interoperability pricing for ELNOs Draft Report, Independent Pricing and Regulatory Tribunal (NSW).
Draft Fair Work (Statement of Principles on Genuine Agreement) 2023, Fair Work Commission.
Consultation on Cultural Heritage Protection Reform Options, Department of Climate Change, Energy Environment and Water.
Register of Foreign Ownership of Australian Assets, The Treasury.
Background paper – unconscionable and misleading or deceptive conduct in financial services law, ALRC.
Treasury Laws Amendment (2023 Measures No.1) Bill 2023, Senate Standing Committees on Economics.
Migration, Pathway to Nation Building, Joint Standing Committee on Migration.
Sexual consent laws in Australia, Legal and Constitutional Affairs References Committee.
Additional improvements to Corporations and Financial Services Law, The Treasury.
Government response to the Privacy Act Review Report, Attorney-General's Department.
Consultation Paper: Review into an appropriate cost model for Commonwealths anti-discrimination laws, Attorney-General's Department.
Plant breeder’s rights reform, IP Australia.
2023-2030 Australian Cyber Security Strategy Discussion Pape, Department of Home Affairs.
News and Media
Media releases/statement:
Upcoming Events
EARLY BIRD REGISTRATIONS NOW OPEN!
The Law Council of Australia, along with the Australian Pro Bono Centre and the Queensland Law Society invite you to attend the 8th National Access to Justice & Pro Bono Conference. The conference will be held on 21–23 June 2023 in Brisbane.
A two-day program will explore the various challenges and opportunities associated with enhancing access to legal services and pro bono work, with plenaries and four session tracks to choose from, including a focus on pro bono matters, family and relationship law. Hear from leading speakers on critical and current access to justice issues facing Australians.
Early bird registrations are now open and close 11.59pm AEST Thursday, 6 April 2023, unless sold out prior. For more information about ticket prices visit the event website here.
Join the International Law Section for this next edition of the 2023 Authors' Series to explore emerging themes at the intersection of the VCLT, international investment law, and ISDS in an interactive format. The program will draw upon ideas elaborated in the recently published book, The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution, and Future, edited by Esmé Shirlow & Kiran Nasir Gore (Wolters Kluwer, September 2022). Chaired by Suzanne Howarth.
Registration is free, however registration is required. Registrations close 6 April 2023. Visit the event page here.
Please join us for an informative session on privacy law and practice, to be led by the Privacy Law Committee. Our guest will be Australian Information Commissioner and Privacy Commissioner Angelene Falk, who will cover the key legal and regulatory issues in this fast-changing area of law. The discussion will be both topical and timely, following the 116 proposed changes articulated in the Attorney-General Department’s Privacy Act Review Report, published in February 2023. This is an in person only event, complimentary with limited tickets available, registrations are essential.
To view the program and register, click here.
The Business Law Section invites you to attend a lecture held by Professor Ross Garnaut. Registrations are essential.
The lecture is complimentary. Registrations are now open and close 5pm, 28 April 2023. Learn more and register here.
LAWASIA and the Sabah Law Society are very pleased to invite the participation of members and legal professionals at the 12th LAWASIA Employment Law Conference, to be held in Kota Kinabalu (Sabah), Malaysia, from 8 to 10 June 2023.
Registrations are now open! Learn more and register here.
