NSW passes Electronic Conveyancing Bill
NSW Parliament has passed the Electronic Conveyancing (Adoption of National Law) Amendment Bill 2022. The Bill amends the Electronic Conveyancing National Law (ECNL) which provides the legislative underpinning of the national scheme for the electronic settlement and lodgement of conveyancing transactions (eConveyancing). In particular, the Bill amends the ECNL to require interoperability between Electronic Lodgement Network Operators (ELNOs)
The Law Council and its Constituent Bodies have been long time participants in the development of the national electronic conveyancing system. Throughout this time, the Law Council has emphasised the importance of interoperability as part of this system.
Once the Bill is formally enacted it will also be automatically introduced in the ACT, Queensland, Tasmania and Victoria. In South Australia, Western Australia and the Northern Territory this will occur following separate steps.
Income tax: section 100A reimbursement agreements
The Taxation Committee of the Business Law Section of the Law Council of Australia (the Committee) has provided comments on draft Taxation Ruling TR 2022/D1 - Income tax: section 100A reimbursement agreements (Draft Ruling) and draft Practical Compliance Guideline PCG 2022/D1 - section 100A reimbursement agreements – ATO compliance approach.
The submission noted that any ruling, and any practical compliance guideline reliant on that ruling, whose contents align with the operation of Australian laws, relevant court decisions and extrinsic material are more likely to be better understood, accepted and of more assistance than ones that do not.
The Committee said there are instances in the Draft s 100A Material where that alignment is not apparent and thus invites opportunities for improvement and it would welcome the opportunity to assist with developing that analysis in finalising the ATO’s views in the Draft s 100A Material.
See full submission here.
Cap on Damages for Civil Wrongs in Correctional Facilities
Law Council of Australia President, Mr Tass Liveris has written to the Northern Territory Attorney-General, The Hon Selena Uibo regarding the recent announcement that the NT Government plans to introduce a $15,300 cap on damages for civil wrongs committed against adults in prisons and children in youth detention centres.
Referred to as the ‘offender damages scheme’, the cap is being introduced through the passage of Part 2 of the Personal Injuries (Liabilities and Damages) Amendment Bill 2022.
Members of the Law Council’s expert Indigenous Incarceration Working Group have expressed their opposition to Part 2 of the Bill and concerns about the scheme have also been raised publicly by several organisations and offices, including the Law Society Northern Territory.
On the basis of these concerns, the Law Council has requested that the Bill be withdrawn from the Legislative Assembly and that an independent public consultation occur to allow for an appropriately detailed and balanced consideration of the issues, including through formal submissions from legal and civil society stakeholders.
15th Annual Bar Leaders’ Conference
The 15th Annual Bar Leaders’ Conference was held this week in Lithuania. The conference was presented by the IBA Bar Issues Commission, supported by the Lithuanian Bar Association, and brought together delegates from around the globe to discuss the latest developments and issues affecting the legal profession.
As a member of the IBA Management Board, Law Council Acting CEO, Margery Nicoll attended the conference as well as the IBA Mid-Year Leadership Meetings. This is the first time in two years the IBA Management Board has been able to meet face to face.
Ceremonial sitting to welcome the Hon. Justice Michael Feutrill
On behalf of the profession, Law Council of Australia President, Mr Tass Liveris congratulated the Hon Justice Michael Feutrill on his appointment to the Federal Court at a Ceremonial Sitting held on 10 May 2022.
Justice Feutrill has been a member of the Law Society of Western Australia since 1997 and participated in the Law Society’s CPD Programme, including delivering papers to the Society’s Law Summer School; provided pro bono assistance for Law Access; contributed to the Law Society’s Brief journal; and served on Law Society Committees such as the Young Lawyers Committee (YLC).
LCA Submissions
Recently published Law Council Submissions.
Review of sunsetting legislative instruments of the Native Title Act 1993 (Cth) - Attorney-General's Department
Positioning Australia as a Leader in Digital Economy Regulation - Automated Decision Making and AI Regulation. - Department of Prime Minister and Cabinet
Application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia - Legal and Constitutional Affairs References Committee
Quality of Advice Review - Issues Paper – The Treasury
Sharing Economy Reporting Regime - Australian Taxation Office
[202207] User testing – Foreign Ownership of Australian Assets Register - Australian Taxation Office
Stage 2 Reform of the Disability Standards for Accessible Public Transport 2002 - Department of Infrastructure, Transport, Regional Development and Communications
Section Submissions
Recently published Section Submissions.
- Consultation on proposed draft amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007, Australian Transaction Reports and Analysis Centre (Business Law Section)
- Consultation on proposed guidance relating to source of funds and source of wealth, Australian Transaction Reports and Analysis Centre (Business Law Section)
- 2022 Foreign Investment Reforms – Discussion Paper, Consultation on proposed draft amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007, Australian Transaction Reports and Analysis Centre, (Business Law Section).
Inquiries and consultations
As of 20 May 2022.
- Review of sunsetting legislative instruments of the Native Title Act 1993 (Cth), Attorney-General's Department
- Proposed enhancements to the ASX Listing Rules: Continually improving the reputation and integrity of the ASX market, ASX (Business Law Section)
- Application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia, Legal and Constitutional Affairs References Committee
- Crypto asset secondary service providers: Licensing and custody requirements, The Treasury (Business Law Section)
- Positioning Australia as a Leader in Digital Economy Regulation - Automated Decision Making and AI Regulation, Department of Prime Minister and Cabinet
- Corporate control transactions in Australia: options to improve schemes of arrangement, takeover bids, and the role of the Takeovers Panel, The Treasury (Business Law Section)
- Quality of Advice Review - Issues Paper, The Treasury (Business Law Section)
- Consultation on Australia’s National Data Security Action Plan, Department of Home Affairs
- Sharing Economy Reporting Regime, Australian Taxation Office (Business Law Section)
- [202207] User testing – Foreign Ownership of Australian Assets Register, Australian Taxation Office (Business Law Section)
- Stage 2 Reform of the Disability Standards for Accessible Public Transport 2002, Department of Infrastructure, Transport, Regional Development and Communication
Upcoming Events
Donoghue v Stevenson 90th Anniversary Conference: The Immortal Snail
26 May 2022
The Law Society of Scotland is convening an online conference to mark the 90th anniversary of Donoghue v Stevenson 1932 SC (HL) 31 on 26 May 2022.
This special one day event will feature speakers from Common Law jurisdictions across the world – including senior judicial officers, leaders of legal professional bodies and legal experts – reflecting on the impact of this case as the foundation of the modern law of negligence.
ADR Seminar 2022
15 June 2022
The Federal Litigation and Dispute Resolution Section invites you to attend a seminar held by the Alternative Dispute Resolution Committee. The event will be chaired by Mary Walker, Barrister, 9 Wentworth Chambers, Sydney NSW.
