33^rd Presidents of Law Associations in Asia (POLA) Summit

Back (L-R): Johannes Sahetapy-Engel (Chair, International Affairs Division, PERADI), Luke Murphy (President, Law Council of Australia), William Wylie Clarke (President, Fiji Law Society), Victor Dawes SC (Chair, Hong Kong Bar Association), Gao Zicheng (President, All China Lawyers Association), Melissa Pang (Observer, President, LAWASIA), Kang Yu (Observer, Secretary-General, BRILA), Vong Hin Fai (President, Macau Lawyers Association), Frazer Barton (President, New Zealand Law Society).

Front (L-R): C.M. Chan (President, Law Society of Hong Kong), Prashant Kumar (President, Bar Association of India), Dagmar Yu (President, Taiwan Bar Association), Karen Cheah Yee Lynn (President, Malaysian Bar Council), Lisa Sam (Vice President, Law Society of Singapore), Kim Young Hoon (President, Korean Bar Association) and Motoji Kobayashi (President, Japan Federation of Bar Associations).

From 10-15 July 2023, Law Council President, Mr Luke Murphy and Senior Policy Lawyer (International), Ms Charlotte Stubbs, attended the International Malaysia Law Conference and the 33^rd Presidents of Law Associations in Asia (POLA) Summit hosted by the Malaysian Bar Council in Kuala Lumpur.

POLA is a regional forum of peak legal associations, which began as an initiative of the Japan Federation of Bar Associations and the Korean Bar Association in 1990. The Law Council of Australia has been a member and continuous participant since 1994.

With the agreement of the Malaysian Bar, the Law Council sought to advance the proposal to amend the POLA Charter which informs POLA’s composition and operations. The Law Council had initiated the process to review and update the POLA Charter at the POLA Summit held in Canberra in 2018, and convened a Charter Review Working Group which consisted of representatives from the Law Council, the Japan Federation of Bar Associations, the Korean Bar Association, the Law Society of Singapore, the Law Society of Hong Kong and the Bar Association of India.

Read the full article here.

Law Council welcomes national dialogue on sexual consent laws

On 27 July 2023, Law Council representatives, including its President Mr Luke Murphy, appeared before the Senate Legal and Constitutional Affairs References Committee’s (Committee’s) inquiry into current and proposed sexual consent laws in Australia. The Law Council welcomes the Committee’s in-depth consideration of the extent to which efforts to harmonise, clarify and educate concepts of consent can be improved.

“While there is increasing convergence across jurisdictions towards sexual consent requiring some form of ongoing and mutual communication, views may differ on the degree to which legislative approaches across jurisdictions accommodate this model, and the degree of change required in order to promote consistency.”

“In particular, members of the legal profession, like the broader community, have a range of opinions on the most appropriate legislative approach to defining sexual consent, noting that these issues have been considered in detail by several jurisdictions in recent years, resulting in significant state and territory-based law reform processes and changes to the law,” said Mr Murphy.

Read the full media release here.

Vale Mr Tim Bugg AM

The Law Council of Australia pays tribute to past President Mr Tim Bugg AM, who passed away on 23 July 2023.

Mr Bugg was President of the Law Council of Australia in 2006–2007. Law Council President Luke Murphy praised the contribution Mr Bugg made to the legal profession.

“I was very saddened to hear of Mr Bugg’s passing. He was a busy lawyer, working as a partner at Dobson, Mitchell and Allport in Hobart, but he also found time to take on important roles supporting and promoting the legal professional nationally and internationally.

“Mr Bugg played an active role in seeking to facilitate overseas market access for Australian lawyers, particularly in the United States, during his time as Law Council President. This was an ambitious task that saw him promoting the skills and experience of Australia to the world. Such was his reputation in the international legal profession, he was later appointed Chair of the International Legal Services Advisory Council.

“On behalf of the Law Council, I extend my deepest sympathy to Mr Bugg’s family as well as his many friends, and I join the broader legal profession and community in mourning his passing,” said Mr Murphy.

Read the full media release here.

Inquiry into Australia’s Human Rights Framework

The Law Council provided a submission to the inquiry of the Parliamentary Joint Committee on Human Rights (PJCHR) into Australia’s Human Rights Framework was published on 3 July 2023. It restated and expanded on the Federal Human Rights Charter: Policy Position of 2020, urging the PJCHR to recommend the introduction of a federal Human Rights Act, the better to implement Australia’s international human rights obligations. The submission set out the Law Council’s recommendations for the content of such an Act, including key interpretive and jurisdictional provisions.

The submission also dealt with other aspects of Australia’s Human Rights Framework (which has not been updated since 2010), including: human rights education initiatives; strengthening the parliamentary scrutiny regime led by the PJCHR itself; continuing the work of federal anti-discrimination law reform, and continuing regular engagement with NGOs (including the Law Council) on human rights issues. The submission further recommended that consideration be given to incorporating Business and Human Rights principles and laws into Australia’s Human Rights Framework, as well as to bolstering the role of the Australian Human Rights Commission.

Read the full submission here.

Australian Young Lawyer Awards 2023

The nomination round for the 2023 Australian Young Lawyer Awards is still open.

The Australian Young Lawyer Awards is conducted annually by the Law Council of Australia's Young Lawyers' Committee and recognises excellence in young or early career lawyers and young lawyer organisations.

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, 25 August 2023.

Australian Academy of Law Annual Essay Prize

The Australian Academic of Law has announced the 2023 round for its Annual Essay Prize is now open.

This year’s essay topic is:

‘Mass torts and class actions: can the growth in this kind of private litigation in Australia and elsewhere be described as an evolutionary form of “privatised regulation”, gap-filling where the state and its regulators have not fully or properly controlled or deterred behaviours, or protected and compensated affected persons? To what extent is it successful in that regard? Should it be encouraged? Why or why not? Give examples.’.

Deadline for submission of an essay is 31 August 2023.

For more information about the essay and rules, visit the Australian Academy of Law website.

LCA Submissions

Recently published Law Council Submissions.

Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023, Senate Legal and Constitutional Affairs Committee.
Continuing Professional Development for Legal Practitioners on Coercive Control, Attorney-General's Department.
Call for submissions: Youth Justice and Child Wellbeing Reform across Australia, Australian Human Rights Commission.
Inquiry into Australia's Human Rights Framework, Parliamentary Joint Committee on Human Rights.

Section Submissions

Recently published Section Submissions.

Building Community – deductible gift recipient status for community foundations, The Treasury, (Legal Practice Section).
Reforms to the Payment Systems (Regulation) Act 1998, the Treasury, (Business Law Section).

Inquiries and consultations

As of 28 July 2023.

Financial Services Legislation Inquiry on Interim Report C, ALRC.
Enhancing Australian design protection, IP Australia.
New ACMA powers to combat misinformation and disinformation, Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Draft update to Practical Compliance Guideline PCG 2018/9, Australian Taxation Office.
Responsible AI in Australia, Department of Industry, Science and Resources.
Modernising document execution: consultation on proposed reform to the execution of Commonwealth statutory declarations, Attorney-General's Department.
Draft Tax Determination TD 2023/D1, Australian Taxation Office.
Consultation on draft revisions to Part 5 of the FOI Guidelines: Exemptions, Office of the Australian Information Commissioner.
Greenwashing, Senate Standing Committees on Environment and Communications.
Climate-related financial disclosure: Second consultation, The Treasury.
Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
Data and Digital Government Strategy, Digital Transformation Agency.
Measures to Support Visa Holders Experiencing Domestic and Family Violence, Department of Home Affairs.
Licensing of payment service providers – payment functions, The Treasury.
Modernising the individual tax residency rules, The Treasury.
Consultation paper – Capital management advice and guidance, Australian Taxation Office.

News and Media

Media releases/statement:

Law Council congratulates winner of the Consumer Rights Award 2023, 18 July 2023.
Law Council seeks amendments to the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth), 20 July 2023.
Law Council announces Mahla Pearlman Australian Young Environmental Lawyer of the Year, 20 July 2023.
Vale Mr Tim Bugg AM, 24 July 2023.
Law Council welcomes national dialogue on sexual consent laws, 27 July 2023.

Key media articles:

Money-laundering rules could hurt 105,000 firms, Australian Financial Review, 19 July 2023.
National Security Trials a target for foreign spies: Andrew Shearer, Canberra Times, 19 July 2023.
Australia's consent laws to be put under the microscope, West Australian, 23 July 2023.
How Australia's sexual consent laws could change, SBS, 25 July 2023.
ACT's first Aboriginal Resident Judge appointed, Canberra Weekly, 26 July 2023.

Upcoming Events

Last chance to submit nomination for the Victorian Young Property Lawyer of the Year Award. The award is designed to recognise and encourage the talent and achievements of young property law practitioners. It is also an opportunity to highlight this area of practice in your firm and across the profession.

Nominations close COB 28 July 2023. For more information and eligibility criteria, please visit the Law Council website.

Join the International Law Section for the third lecture in the Authors' Series for 2023, featuring Professor Anthea Roberts and chaired by Ms Linda De Rosa.

Professors Anthea Roberts and Nicolas Lamp wrote the influential book Six Faces of Globalization: Who Wins, Who Loses, and Why It Matters (Harvard University Press, 2021).

Registration is free, however registration is required. Registration closes 7 August 2023. To learn more and register, visit the Law Council website.

The International Law Section invites you to join the fourth Authors' Series webinar for 2023, featuring Professor Wojciech Sadurski, author of 'A Pandemic of Populist' (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 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 Federal Dispute Resolution Section invites you to attend a seminar held by the Alternative Dispute Resolution Committee in Adelaide on 12 October 2023.

The event will be chaired by Mary Walker OAM, commentary on Med-Arb & Hybrid ADR processes.

Registrations close Monday, 9 October 2023. 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.