Best Practice Guides for Legal Practitioners in Relation to Elder Financial Abuse and Assessing Mental Capacity

On World Elder Abuse Awareness Day, 15 June 2023, the Law Council has published a revised Best Practice Guide for Legal Practitioners in Relation to Elder Financial Abuse to help lawyers to identify potential incidents of abuse, particularly financial abuse, of older Australians and take steps to respond.

“Lawyers are at the frontline in terms of recognising and preventing elder financial abuse,” Law Council of Australia President, Mr Luke Murphy said.

“This is because of the role that lawyers play with the preparation and execution of wills and other advance planning documents.  These are important contexts in which the risk of elder financial abuse may arise.”

The updated Best Practice Guide—Elder Abuse sets out best practice measures which legal practitioners should adopt to identify and respond to the risk of elder financial abuse arising in the execution and performance of such documents.

“Elder abuse is completely unacceptable and sadly the perpetrators are usually someone very close to the victim, someone the person should be able to trust to care for them and have their best interests at heart when they are at their most vulnerable,” Mr Murphy said.

Accompanying the Best Practice Guide—Elder Abuse for the first time is a Best Practice Guide for Legal Practitioners on Assessing Mental Capacity.

Read the full media release here.

LCA Submissions

Recently published Law Council Submissions. 

• Australia's Humanitarian Program 2023 - 24, Department of Home Affairs.
• Draft Fair Work (Statement of Principles on Genuine Agreement) 2023, Fair Work Commission.
• 2023-2030 Australian Cyber Security Strategy Discussion Paper, Department of Home Affairs.
• Scoping the development of specialised and trauma-informed legal services for victims and survivors of sexual assault, Attorney-General's Department.

• Crimes and Other Legislation Amendment (Omnibus) Bill 2023, Senate Legal and Constitutional Affairs Committee

Section Submissions

Recently published Section Submissions. 

• Consultation on workplace relations measures, Department of Employment and Workplace Relations, (Federal Litigation and Dispute Resolution Section).

• Inquiry into the Digital Assets (Market Regulation) Bill 2023, Senate Standing Committees on Economics, (Business Law Section).

Inquiries and consultations

As of 16 June 2023

• Modernising Australia's anti-money laundering and counter-terrorism financing regime, Attorney-General's Department.
• Greenwashing, Senate Standing Committees on Environment and Communications.
• Review into the operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004], INSLM.
• 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.

News and Media

Media releases/statement:

• Law Council congratulates Margery Nicoll on Kings Birthday Honours Award, 13 June 2023.

• New guides to help lawyers identify elder abuse, 15 June 2023.

Key media articles:

• Could a robot do your job? Industries facing AI revolution still not prepared, The Age, 4 June 2023.
  Law Council of Australia President Luke Murphy said there were clear opportunities for AI to help improve efficiency and reduce administrative costs, but stressed lawyers should take extreme care.
   
• ChatGPT Legal gaffe a warning to sector, The Australian, 5 June 2023.
  Law Council of Australia president Luke Murphy told The Australian the case was a “timely reminder” that although evolving technologies may create opportunities for the industry, “lawyers have overriding obligations to deliver their services competently and diligently”.
   
• Kathleen Folbigg pardon shows Australia needs a dedicated body to investigate wrongful convictions, In Daily, 5 June 2023.
  The Australian Law Council expressed support for a federal CCRC in 2012. Commentators have called for an Australian CCRC on many occasions.
   
• Law Council speaks on Cyber Act, Executive Career, 8 June 2023.
  The Law Council of Australia says invasive practices of personal data collection must be part of any potential Cyber Security Act. In their submission to the government's cyber security discussion paper, the council called for a review of legislation that mandates the retention of records by government and businesses, questioning the necessity and duration of such retention.

Upcoming Events

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.