Statement on the death penalty – 54th Session of the United Nations Human Rights Council
On 21 September 2023, Law Council President, Luke Murphy, delivered a pre-recorded statement during the 54th Session of the United Nations Human Rights Council.
The statement, which was co-sponsored by the International Bar Association’s Human Rights Institute (IBAHRI), expressed concern regarding State measures which limit, deter and penalise post-appeal applications in capital cases.
The statement also referred to a number of developments of concern in Singapore, including the passage of legislation which limits the ability of persons on death row to apply to stay or challenge their execution or conviction post-appeal, as well as the imposition of personal costs orders against capital defence lawyers.
Read the full statement here.
PacLII Summit
Photo Credit: Brej Pacific General Distribution Ltd
On 5 September 2023, Law Council President, Luke Murphy, attended the PacLII Regional Stakeholder Summit on Maintaining and Enhancing Free Access to Law in the Pacific Region held in Port Vila, Vanuatu.
The Pacific Islands Legal Information Institute (PacLII) is the principal source of legal information for 20 Pacific Island jurisdictions and is relied upon by the legal profession, the judiciary, researchers and the broader community across the Pacific, Australia and New Zealand. The PacLII website is an essential piece of legal infrastructure, particularly for jurisdictions with limited centralisation of legislation and case law and other legal materials. PacLII is hosted within the University of the South Pacific and is operated in partnership with the Australasian Legal Information Institute (AustLII).
The Law Council of Australia has engaged closely with PacLII and AustLII, including in liaison with Australia’s Department of Foreign Affairs and Trade (DFAT) and the Attorney-General’s Department, to secure critical gap funding to sustain PacLII’s operations for a period of 12 months. In addition, the Law Council worked closely with AustLII and PacLII in the organisation of the PacLII Summit to discuss options to ensure PacLII’s future sustainable operation, governance and financing.
The PacLII Summit was made possible as part of the critical gap funding provided by DFAT to PacLII for the 2023-2024 financial year.
The Summit brought together representatives of governments, courts, non-government organisations, law societies and others from eleven Pacific Island jurisdictions, Australia and New Zealand, and facilitated robust discussion on appropriate governance models, possible funding sources and models to build PacLII’s financial sustainability and resilience.
Summit attendees endorsed a Declaration, which among other things, urged all countries, chief justices, law societies and legal practitioners in the region to support PacLII, and to give effect to their unanimous support for the maintenance and further development of PacLII by:
- Formally supporting the funding application to DFAT for core funding and approaches to other possible funding sources to achieve sustainability; and
- Raising with governments and relevant regional organisations – including the Pacific Islands Forum, the Pacific Judicial Council, the Pacific Islands Law Officers Network (PILON) and the South Pacific Lawyers’ Association (SPLA) – the significance of PacLII as a cornerstone of regional efforts in the law and justice sector.
The Law Council will continue to work with PacLII and AustLII, and other law and justice stakeholders in the region to give effect to the Vanuatu Declaration and build a secure and sustainable foundation for PacLII’s future operation.
Read the full article here.
Memorandum of Understanding with LAWASIA
Caption: Mr Luke Murphy, Law Council President and Dr Gordon Hughes AM,
Secretary-General of LAWASIA.
On 7 September 2023, the Law Council of Australia signed a Memorandum of Understanding with the Law Association for the Asia and the Pacific (LAWASIA). Under the Memorandum, signed by Law Council President, Mr Luke Murphy and Secretary-General of LAWASIA, Dr Gordon Hughes AM, the Law Council is pleased to support LAWASIA in a greater capacity through supporting the corporate administration of LAWASIA’s Secretariat.
The Law Council has long been a supporter of LAWASIA as an international association of peak legal bodies from the Asia-Pacific region, and played an instrumental role in its establishment in 1966. The founding President of LAWASIA was Sir John Kerr, then also President of the Law Council.
Read the full article here.
Friends with Parliament event on
family law reforms
From L-R: Ms Louise Glanville, the Hon Mark Dreyfus KC MP, Ms Alicia Payne MP, Ms Elena Rosenman, and Mr Luke Murphy.
On 7 September 2023, the Law Council President, Mr Luke Murphy, attended Parliament House to speak at the Parliamentary Friends of Ending Violence Against Women and Children panel event to discuss family law reforms. Other speakers at the event included the Hon Mark Dreyfus KC MP (Commonwealth Attorney-General), Ms Louise Glanville (Chair of National Legal Aid) and Ms Elena Rosenman (Chair of Women’s Legal Services Australia).
This event was a welcome opportunity for the Law Council to speak to interested Parliamentarians and stakeholders regarding the proposed family law reforms, given its close involvement in consultations on the Bill in the course of 2023.
In his presentation, Mr Murphy welcomed the Family Law Amendment Bill 2023, particularly the proposed repeal of the presumption of equal shared parental responsibility, noting that parties are agreeing to potentially unsafe parenting arrangements in the shadow of a misunderstood law. He noted that, should the Bill pass, it will be essential for the legal profession, and the broader community, to be educated on what these changes will mean in practice.
Mr Murphy also emphasised that Australia’s family law system cannot be fixed by legislative intervention alone. He spoke of the critical need for greater funding for Australia’s courts and legal assistance sector to promote access to justice and improve outcomes for parties and impacted children. Mr Murphy also raised concerns that it is increasingly financially unviable for members of the private profession to undertake legal aid work.
The Law Council will continue to monitor the progress of the Bill in the Senate and looks forward to engaging with the Government on further tranches of reforms to the family law system.
Read the full article here.
LCA Joint Section Seminar 2023
On 8 September 2023, Sections of the Law Council of Australia in collaboration with the Queensland Law Society and Townsville District Law Association, held a successful in-person seminar in Townsville. The half-day CPD seminar consisted of eight sessions and covered a broad range of topics presented by specialist members of the Sections.
Mr Luke Murphy, President of the Law Council of Australia commenced the seminar with an opening address, which was followed by the first session of the day, ‘Class action law and practice: Prospects and pitfalls’, presented by Mr Peter Cashman, Executive Member from the Federal Dispute Resolution Section. Former Chair of the Business Law Section and current Executive Member, Mr Greg Rodgers, discussed ‘Insolvency reform – where to from here?’, and Deputy Chair of Legal Practice Section, Dr Leonie Kelleher, articulated her view on climate change issues and lawyers’ obligations.
From the Business Law Section, Mr Philip Argy, Chairman gave an interactive presentation on witnessing of digital signatures, and Professor Pamela Hanrahan, Deputy Chair and Mr Adrian Varrasso, Treasurer provided their unique insights on advising your clients on what the role of director involves.
Executive Member of the International Law Section, Mr Damian Sturzaker, spoke to delegates about dispute resolution and the exploration of new techniques and a reflection on some lost skills. Ms Di Simpson, Chair of the Family Law Section, and Executive Members, Ms Jasmine Evans and Mr Philip Looney KC, provided an update on family law matters. Law Council Chief Executive Officer, Dr James Popple, concluded the seminar with a closing remark.
Delegates had the opportunity to meet and discuss the seminar content post event.
Read the full article here.
Ceremonial Sitting to welcome the Honourable Justice Yaseen Shariff
On 13 September 2023, Law Council President, Mr Luke Murphy attended a ceremonial sitting at the Federal Court of Australia to welcome the Honourable Justice Yaseen Shariff.
Read the full speech here.
Equitable Briefing Policy Annual Reports 2022/23
One week left until the reporting period for 2022/23 closes. 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.
International Law Section Essay Competition for Studies in the Law of the South Pacific
The International Law Section 2023 essay competition is still open. Essays are to explore the topic 'The Efficacy of Existing Cross Border Dispute Resolution Mechanisms in the South Pacific Region'.
Candidates have the option of submitting previously published work of up to 5,000 words or an original work not exceeding 3,000 words. Candidates will be asked to authorise their essay for publication by the International Law Section, which may publish the winning essay on the Law Council website. The winner will receive a prize value of up to $500.00 (AUD).
Please email completed essay to doris.wimmler@lawcouncil.au by COB Tuesday, 28 November 2023.
For more information about the competition, please visit here.
LCA Submissions
Recently published Law Council Submissions.
- Guidelines for appointments to the Australian Human Rights Commission, Attorney-General's Department.
Section Submissions
Recently published Section Submissions.
- Consultation paper – Capital management advice and guidance, Australian Taxation Office, (Business Law Section).
- Interfunding Transactions Exemption, The Treasury, (Business Law Section).
Inquiries and consultations
As of 22 September 2023.
- Exposure Draft: Family Law Amendment Bill (No. 2) 2023, Attorney-General's Department.
- Modernising the individual tax residency rules, The Treasury.
- Supplementary Submissin - Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
- Review of the implementation of the 1 July 2022 changes to the Commonwealth Procurement Rules, Australian Small Business and Family Enterprise Ombudsman.
- Supplementary: Operation of Cth Freedom of Information Laws, Legal and Constitutional Affairs References Committee.
- Environmental and sustainability guidance, Australian Competition & Consumer Commission.
- New Aged Care Act: the foundations, Department of Health and Aged Care.
- Review of the regulatory framework for managed investment schemes - consultation, The Treasury.
- Review of the Franchising Code of Conduct, The Treasury.
- Personal Insolvency Consultation, Attorney-General's Department.
- Statutory Declarations Amendment Bill 2023 [Provisions], Senate Legal and Constitutional Affairs Committee.
- Water Amendment (Restoring Our Rivers) Bill 2023 [Provisions], Senate Standing Committees on Environment and Communications.
- Legislating the objective of superannuation - August 2023, The Treasury.
- Counter-Terrorism and Other Legislation Amendment Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
- Identity Verification Services Bills 2023, Legal and Constitutional Affairs References Committee.
- Family Law Amendment (Information Sharing) Regulations 2023, Attorney-General's Department.
- Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, Senate Education and Employment Committees.
- Closing the Gap Review, Productivity Commission.
- Independent Review of the National Legal Assistance Partnership, Independent Reviewer.
- Unfair trading practices - Consultation Regulation Impact Statement, The Treasury.
- Review of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, Parliamentary Joint Committee on Intelligence and Security.
News and Media
Media releases/statement:
- Independent National Security Legislation Monitor, 18 September 2023.
Key media articles:
- 'In the best interests of the child? The Family Law Amendment Bill', Law Society Journal, 12 September 2023.
- 'Courts launch animated short films to help simplify family law systems', RiotACT, 13 September 2023.
- 'The Vasta precedent pierces the veil of judicial immunity', The Mandarin, 13 September 2023.
- 'Govt ploughs ahead with facial recognition system', Information Age ACS, 14 September 2023.
- 'Break the law's gender problem, Gleeson urges', Australian Financial Review, 15 September 2023.
- 'Inform yourself; vote with reason, not in ignorance', The Australian, 18 September 2023.
'Interview Law Council of Australia President, Luke Murphy, on RN Breakfast with Hamish MacDonald, discussing chronic underrepresentation of First Nations jurors and a new report by judicial experts calling for more action to affirmatively include Indigenous jurors', 20 September 2023.
Upcoming Events
The Business Law Section’s Media & Communications Committee invites you to this seminar will discuss on the current and future regulation of digital platform services in Australia, on 4 October 2023, in Sydney and Melbourne.
The Committee is delighted to have ACCC Chair, Gina Cass-Gottlieb provide the keynote speech, looking at the work of the ACCC in relation to digital platform services, particularly Report No. 5 from the Digital Platform Services Inquiry and, if released, the Government’s response to that Report.
The Committee will have a second keynote speech by ACMA Deputy Chair and CEO, Creina Chapman who will look at the role that the ACMA plays in the regulation of digital platform services.
Our expert panel of George Siolis, Partner, RBB Economics, Joelle Moukhaiber, Principal Lawyer, Office of the eSafety Commissioner and Ross Mitchell, Director of Broadcast Policy, FreeTV, will provide their perspectives on digital platform services regulation and the issues raised by the two keynote speakers.
For more information about the seminar or to register, click here.
As Australia moves closer to the Referendum on the Voice, we are increasingly becoming aware that we have one of the most difficult constitutions to change.
Wolfgang Babeck's handbook 'Writing Constitutions' (Volume I - Institutions) has analysed constitutions around the world to identify best practice in constitution writing. Wolfgang will be interviewed by ILS Executive Member Frederic Chilton to explore the different concepts of constitutional design and their political implications. Together they will also preview Volume II of Writing Constitutions (Fundamental Rights), which enables constitutional drafters to draft a bill of human rights. Please see a video setting out the topic in more details here.
Registration is free; however registration is required. Please note, limited spots available. Registration closes 5 October 2023. To learn more 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 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.
Registrations is now open, and close Friday, 20 October 2023. Learn more and register here.
Exciting news – the Federal Dispute Resolution Section will be hosting its second Commonwealth Law Conference in Melbourne on 22 – 23 February 2024.
The conference will cover a broad range of topics presented by leading lawyers in federal law, in house counsel, members of the judiciary and federal tribunal members.
Key speakers include:
- The Honourable Chief Justice Mortimer
- The Honourable Paul Le Gay Brereton SC
- The Honourable Justice Emilios Kyrou AO
- The Honourable Justice Button
- Plus more.
Early bird registrations are now open, and close Friday, 10 November 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.
