Law Council calls on parties to commit to election policies that benefit all Australians

In the lead-up to the 2022 federal election the Law Council has developed a Call to Parties document to outline the key issues of concern to the Australian legal profession and seek the commitment of the various political parties and independent candidates to a set of reforms needed to improve law and policy for the betterment of the Australian community, our democracy and the legal profession.

In a media release, Law Council of Australia President, Mr Tass Liveris said, “The Law Council represents the Australian legal profession domestically and internationally and promotes the administration of justice, access to justice, a strong legal profession and the improvement of the law. The Law Council’s Call to Parties sets out a range of initiatives and measures that the legal profession considers to be necessary components of an improved, more functional and sustainable justice system”.

“The legal profession has a long history of providing a voice for people in need and advocating for effective social change. The work of the legal profession upholds the rule of law in Australia and the rights of Australians”. Read more.

Engagements and Events

Image credit: Mark W / Event Photos Australia.

Throughout March and April, Law Council President, Mr Tass Liveris, has been engaging and meeting representatives from various Constituent Bodies to discuss key advocacy issues. In addition to meetings, Mr Liveris had the pleasure to attend the NSW Bar’s ‘Bench & Bar Dinner’ and the NSW Law Society’s ‘Opening of the Law Term Dinner’ in Sydney. Mr Liveris also attended the Queensland Law Society’s ‘Queensland Legal Profession Dinner’ in Brisbane in which he presented an address. You can read his address here.

Ceremonial Sitting to Welcome Justice Goodman
On 20 April 2022, Law Council of Australia President, Mr Tass Liveris, addressed a Ceremonial Sitting of the Federal Court of Australia to welcome the Hon. Justice Scott Goodman. During his speech, Mr Liveris noted that His Honour’s patience, empathy and innate sense of justice would serve those who come before him well.

Justice Goodman commenced with the Federal Court of Australia on 11 November 2021. He was appointed to the Sydney Registry to replace Justice Jacqueline Gleeson following her elevation to the High Court of Australia. He was admitted as a Barrister in the Supreme Court of New South Wales in 2001 and was appointed Senior Counsel in 2016.

Deceased Estates Inquiry
The Law Council of Australia made a submission to the Banking Code Compliance Committee’s Inquiry into banks’ compliance with Chapter 45 of the Banking Code of Practice. The submission highlighted that a key recurring theme from feedback is that practitioners are routinely experiencing communication issues with banks in dealing with deceased estates, including difficulty contacting an informed bank official and inefficient and time-consuming processes. Read more.

Australia must work to ensure AHRC remains fully compliant with Paris Principles
The Law Council of Australia is disappointed the Australian Human Rights Commission’s (AHRC) reaccreditation as an A-status national human rights institution has been deferred by the international standards body, the Global Alliance of National Human Rights Institutions (GANHRI). Read more.

Guidance relating to source of funds and wealth
The Financial Services Committee of the Business Law Section of the Law Council of Australia made a submission to the Australian Transaction Reports and Analysis Centre in response to its consultation on the proposed guidance on the source of funds and source of wealth in the AML/CTF compliance framework. Read more.

LCA Submissions

Recently published Law Council Submissions.

New family dispute resolution services for Aboriginal and Torres Strait Islander families, Attorney-General’s Department.
Deceased Estates Inquiry, Banking Code Compliance Committee.

Section Submissions

Recently published Section Submissions.

Consultation on proposed draft amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (Cth) (AML/CTF Rules), 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).

Inquiries and consultations

As of 13 April 2022.

Application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia - Legal and Constitutional Affairs References Committee.
Deductible Gift Recipient (DGR) category for pastoral care services – The Treasury.
Positioning Australia as a Leader in Digital Economy Regulation - Automated Decision Making and AI Regulation. - Department of Prime Minister and Cabinet.
Distribution guidelines for ancillary funds – The Treasury.
Sharing Economy Reporting Regime - Australian Taxation Office.
Implementation of the National Redress Scheme - Joint Select Committee on Implementation of the National Redress Scheme.
TR 2022/D1 m- Income tax: section 100A reimbursement agreements - Australian Taxation Office.
PCG 2022/D1 Section 100A reimbursement agreements - ATO compliance approach - Australian Taxation Office.
Review of the News Media and Digital Platforms Mandatory Bargaining Code – The Treasury.
Proposed enhancements to the ASX Listing Rules: Continually improving the reputation and integrity of the ASX market. – ASX.
Corporate control transactions in Australia: options to improve schemes of arrangement, takeover bids, and the role of the Takeovers Panel – The Treasury.
[202207] User testing – Foreign Ownership of Australian Assets Register - Australian Taxation Office.

News and Media

Media releases/statements:

Australia must work to ensure AHRC remains fully compliant with Paris Principles, 8 April 2022.
Law Council calls on parties to commit to election policies that benefit all Australian, 12 April 2022.

Key media articles:

Concerns raised over human rights watchdog, The Border Mail, 8 April 2022.
What the LCA wants political parties to prioritise, Lawyers Weekly, 13 April 2022.
When will there be a federal ICAC or anti-corruption commission? What are the parties promising?, ABC Online, 19 April 2022.

Upcoming Events

The Federal Litigation and Dispute Resolution Section invites you to attend the first Hot Topics in Commonwealth Compensation seminar for 2022. The event will be chaired by the Administrative Appeals Tribunal's, Workers Compensation Practice Leader, Senior Member, Mr Damien O’Donovan. To register or to learn about the event, visit the Law Council website.