New Chief Justice of the High Court

On 22 August 2023, the Law Council welcomed the appointment of Justice Stephen Gageler AC as the fourteenth Chief Justice of the High Court of Australia and the appointment of Justice Robert Beech-Jones to the High Court.

Justice Gageler will succeed Chief Justice Susan Kiefel AC upon her retirement on 6 November 2023 and Justice Beech-Jones fills the vacancy created.

“We commend the Commonwealth Government on their selections and the vigorous consultation undertaken,” Law Council of Australia President, Mr Luke Murphy said.

“Justice Gageler has served our community with distinction as a Justice of the High Court since 2012, as has Justice Beech-Jones on the Supreme Court of New South Wales.

“On behalf of the profession I congratulate Justice Gageler and Justice Beech-Jones on their appointments.

“I also pay my respects and thanks to Chief Justice Kiefel for her outstanding service. Chief Justice Kiefel is a highly respected jurist who has been an exceptional leader of the nation’s highest court and an unwavering supporter of the Australian legal profession. We wish her well for the future.”

Read the full media release here.

Caption: Ms Carina Ford and Mr Chris Spentzaris attending the Senate Hearing in Brisbane.

Law Council representatives give evidence of the Migration hearing in Brisbane

On 21 August 2023, a panel of expert witnesses appeared before Senate Legal and Constitutional Affairs Committee, to give evidence on behalf of the Law Council of Australia, in relation to the Committee’s inquiry – Migration Amendment (Strengthening Employer Compliance) Bill 2023.

The Law Council was represented by Ms Carina Ford (Chair, Migration Law Committee of the Federal Dispute Resolution Section), Mr Chris Spentzaris (Deputy Chair, Migration Law Committee of the Federal Dispute Resolution Section), Dr David Neal SC (Co-Chair, National Criminal Law Committee, LCA) and Mr Matthew Wood (Principal Policy Lawyer, Policy Division, LCA).

Read the full media release here.

From left to right, Mr Jason Walker, Deputy Chair of Family Law Section of Law Council of Australia, Ms Di Simpson, Chair of Family Law Section of Law Council of Australia, and Mr Luke Murphy, President of Law Council of Australia.

Court best placed to make decisions in best interests of children

On 11 August 2023, Mr Luke Murphy, President of Law Council of Australia, Ms Di Simpson, Chair of Family Law Section of the Law Council, Mr Jason Walker, Deputy Chair of Family Law Section of the Law Council of Australia, and Mr Nathan MacDonald, Deputy Director of Policy Law Council of Australia appeared before the Senate Standing Committees on Legal and Constitutional Affairs in relation to the Family Law Amendment Bill 2023.

Speaking to the Senate Legal and Constitutional Affairs Committee, Law Council of Australia President, Mr Luke Murphy confirmed support for many elements of the Family Law Amendment Bill 2023.

“The Law Council supports reform to Australia’s family law system that simplifies the facilitation of the resolution of parenting disputes, while continuing to place the best interests, safety and wellbeing of any child to a family law proceeding at the centre of the decision-making process,” Mr Murphy said in his opening statement.

Read the full media release here.

Visa reforms for sufferers of domestic and family violence

The Law Council recently made a submission to the Department of Home Affairs entitled Amendments to the migration framework to support visa holders experiencing domestic and family violence. The submission was in response to a private consultation by the Department, considering how best to increase the availability of certain visa categories to victim-survivors of domestic and family violence (DFV) in line with relevant reform commitments announced in April and as part of the 2023/24 Budget.

In its submission, the Law Council welcomed the review and the commitment to expand the existing Family Violence Provisions (FVPs) in the Migration Regulations 1994 (Cth). However, it also called for further expansion of the FVPs to more permanent visa categories, as well as guaranteed access to necessary supports and services for relevant visa holders. Further recommendations included better access to the FVPs for those who have experienced DFV outside Australia and changes to evidentiary requirements for partner visas. Noting the interest of Constituent Bodies in this area, we will seek views on any further opportunities to contribute to the reform process in the future.

Read the Law Council's submission here.

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 nominations for the 2023 Australian Young Lawyer Awards closing today.

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 today (25 August 2023).

2024 John Koowarta Scholarship

Applications for the Law Council of Australia’s 2024 John Koowarta Reconciliation Law Scholarship are still 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 click here, to apply, click here.

LCA Submissions

Recently published Law Council Submissions.

Supplementary Submission – Family Law Amendment Bill 2023 (Cth), Senate Legal and Constitutional Affairs Committee.
Responsible AI in Australia, Department of Industry, Science and Resources.
Inquiry into Greenwashing, Senate Standing Committees on Environment and Communications.
Migration Amendment (Strengthening Employer Compliance) Bill 2023, Senate Legal and Constitutional Senate Legal and Constitutional Affairs Committee.
Measures to Support Visa Holders Experiencing Domestic and Family Violence, Department of Home Affairs.
Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.

Section Submissions

Recently published Section Submissions.

Draft update to Practical Compliance Guideline PCG 2018/9, Australian Taxation Office, (Business Law Section).
Enhancing Australian design protection, IP Australia, (Business Law Section).
Digital platform services inquiry 2020-25, Australian Competition & Consumer Commission, (Business Law Section).

Inquiries and consultations

As of 25 August 2023.

Review of the regulatory framework for managed investment schemes - consultation, The Treasury.
Modernising the individual tax residency rules, The Treasury.
Responsible Lending Approach consultation, Australian Financial Complaints Authority (AFCA).
Licensing exemptions for foreign financial services providers, The Treasury.
The Financial Accountability Regime-consultation on the Regulator rules and Transitional rules, Australian Prudential Regulation Authority (APRA).
Consultation paper – Capital management advice and guidance, Australian Taxation Office.
New ACMA powers to combat misinformation and disinformation, Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Supplementary: Sexual consent laws in Australia, Legal and Constitutional Affairs References Committee.
Financial Services Legislation Inquiry on Interim Report C, Australian Law Reform Commission (ALRC).
Guidelines for appointments to the Australian Human Rights Commission, Attorney-General's Department.
Independent Review of the National Legal Assistance Partnership, Independent Reviewer.
Supplementary submission: Migration Amendment (Strengthening Employer Compliance) Bill 2023 [Provisions], Senate Legal and Constitutional Affairs Legislation Committee.
Tasmania’s proposed amendments to the Collections for Charities Act, Tasmanian Government.

News and Media

Media releases/statement:

All workers should be treated fairly and equally, 21 August 2023.
New Chief Justice of the High Court, 22 August 2023.

Key media articles:

'Why the long road to tax residency will be plagued by detours', Accountants Daily, 11 August 2023.
'Federal Government lifts humanitarian intake to 20,000', CathNews, 14 August 2023.
'Court should not be limited in making decisions for children, LCA warns', Lawyers Weekly Australia, 15 August 2023.
'Law Council of Australia supports tax reforms enhancing professional standard', Australasian Lawyer, 18 August 2023.
'Intra-fund advice should be ‘simple advice only', the Financial Advice Association Australia (FAAA) says', iFA Australia, 22 August 2023.
'Law Council of Australia cautions against limiting court's discretion on child's best interest', Australasian Lawyer, 23 August 2023.
'Gageler will bring a 'wealth of experience' as High Court CJ, say legal orgs', LawyersWeekly, 24 August 2023.
'Labor's counter-terror laws may stifle 'political dissent', Law Council warns', The Guardian, 25 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 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.