Law Council condemns Myanmar executions
The Law Council of Australia has publicly and strongly condemned the execution this week of four pro-democracy figures by Myanmar’s Tatmadaw following closed, summary proceedings before military tribunals.
Together with the International Bar Association Human Rights Institute, the Law Council has previously condemned the Tatmadaw’s use of military tribunals to try civilians for capital crimes as completely incompatible with international standards on the use of the death penalty, and reiterated that proceedings before the military tribunals fall far short of international fair trial standards.
Raising the Minimum Age of Criminal Responsibility
Marking the two-year anniversary of the Minimum Age of Criminal Responsibility Working Group’s report being presented to Australia’s Attorneys-General, the Law Council of Australia again called on all Australian governments to raise the age of criminal responsibility to at least 14 years of age without delay.
According to data from the Australian Institute of Health and Welfare, there were nearly 450 children aged between 10 and 13 in detention in 2020-21, meaning potentially hundreds of children under the age of 14 have been locked up and thousands more have come into contact with the criminal justice system since the report was given to the nation’s Attorneys-General.
The Law Council does not want to see another year go by without this change being implemented to protect our children.
Read more.
Left: Gerard Brody (Consumer Action Law Centre), Gina Cass-Gottlieb (ACCC), Sarah Court (ASIC), Ben Slade (Chair, Australian Consumer Law Committee), Delia Rickard (ACCC), The Hon Justice Michael Lee (federal Court of Australia).
Consumer Law Forum
The Law Council’s Consumer Rights Forum was held in Sydney on 19 July 2022 to consider the financial impact of scams and who should be responsible for reimbursing victims. Speakers included: Ms Cass-Gottlieb, the Chair of the ACCC; Sarah Court, Deputy Director ASIC; Christine Cupitt of the ABA; and Gerard Brody of the Consumer Action Law Centre.
During the Forum, the inaugural Consumer
Rights Award was presented to Ms Delia Rickard by the Hon. Justice Michael Lee. The Consumer Rights Forum was extremely well attended and well received.
Read more.
State of the Environment
The recently released 2021 State of the Environment Report (SoE Report) found the health of Australia's environment is poor and in a deteriorating state due to the pressures of climate change, mining, pollution, invasive specifies and habitat loss.
The Law Council believes the report highlights the urgent need to take decisive steps to restore the health of our environment and recommended a full and comprehensive response to the independent statutory review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).
A robust and reformed EPBC Act is needed to ensure that the right balance is achieved in the interests of the
environment, business and the community.
Read more.
Law Council monitoring contempt proceedings brought by Fiji's Attorney-General
The Law Council of Australia notes that Fiji’s Attorney-General has brought committal (contempt of court) proceedings against a senior Fijian practitioner, Mr Richard Naidu.
The Law Council will continue to actively monitor these proceedings, with a view to ensuring that Mr Naidu is given a meaningful opportunity to challenge and defend the serious charges which have been levelled against him – including the opportunity to be represented by his counsel of choice.
The Law Council intends to arrange for an independent Observer to attend the contested hearing in Suva, Fiji.
Read more.
Visit by Ukrainian Ambassador to Law Council
The Law Council of Australia hosted a visit by the Ukrainian Ambassador to Australia on 21 July 2022. Ambassador Vasyl Myroshnychenko meet with President Mr. Tass Liveris at the Law Council Secretariat.
The Law Council has been previously been in contact with the two Bar Associations in the Ukraine, and requested the meeting with the Ambassador to discuss measures that could usefully be taken by the Law Council to assist the people of Ukraine.
LtoR: Maureen Peatman, deputising for Paul Crennan (President EPLA (NSW) Inc; Bret Walker, SC AO (Orator); Matt Floro (recipient of the Mahla Pearlman Young Environmental Lawyer of the Year 2022; Justice Rachel Pepper (Chair of the Mahla Pearlman Oration committee); Robyn Glindemann (Chair, Australian Environment & Planning Law Group, Legal Practice Section, Law Council of Australia)
Mahla Pearlman Oration
The Legal Practice Section of the Law Council of Australia and the Environment and Planning Law Association of New South Wales co-hosted the 10th Oration on 27 July 2022 in Sydney and online.
The Mahla Pearlman Oration honours the memory of the late Honourable Mahla Pearlman AO, the former Chief Judge of the Land and Environment Court of New South Wales (1992–2003), and former President of the Law Council of Australia (1989–1990). The annual event is a tribute to Chief Judge Pearlman’s achievements and inspiration to younger generations of environmental lawyers.
The BLS Report Podcast - now streaming on all major podcast platforms
The BLS Report is a podcasts series produced by the Business Law Section (BLS) and the broader profession, covering topics of interest arising in BLS fields or practice. This series commemorates of the late Professor Robert (‘Bob’) Baxt. In 1980, Professor Baxt was one of the proponents to establish the BLS within the Law Council, and played a key role in its initial organisation and subsequent development. The BLS Report can be found on all major podcast streaming platforms:
LCA Submissions
Recently published Law Council Submissions.
Consultation: Online proceedings framework, Fair Work Commission.
Inquiries and consultations
As of 29 July 2022.
- Transitional arrangements for ESS, ASIC, (Business Law Section)
- Review of the Australian and New Zealand Standard Classification of Occupation, Australian Bureau of Statistics, (Law Council)
- NSW Electronic Conveyancing Enforcement Regime, Office of the Registrar General (NSW), (Law Council)
- Interoperability pricing for Electronic Lodgement Network Operators - Issues Paper, Independent Pricing and Regulatory Tribunal (NSW), (Law Council)
- Remake of ACNC Regulations, The Treasury, (Legal Practice Section)
- 2022 Joint Costs Advisory Committee inquiry, Federal Circuit and Family Court of Australia, (Law Council)
- Review of the Legislative Framework for Corporations and Financial Services Regulation, Australian Law Reform Commission, (Business)
News and Media
Media releases/statements:
Upcoming Events
LAWASIA Alternative Dispute Resolution Conference
9-10 September 2022 Denarau, Fiji
LAWASIA, in association with the South Pacific Lawyers’ Association, the Commonwealth Lawyers Association, the International Law Section of Law Council of Australia and the Fiji Law Society is pleased to invite the participation of members and legal professionals at the LAWASIA Alternative Dispute Resolution Conference, to be held in Fiji from Friday 9 to Saturday 10 September 2022.
Alternative dispute resolution, in its various forms, is of increasing significance in the South Pacific. Whilst the process is becoming increasingly common, it is also becoming more challenging, especially as it is applied to new and emerging issues and the challenges faced in response to the COVID-19 pandemic. Hear from leading international and local experts sharing thematic insights on topics such as International Commercial Arbitration and the Singapore Convention on Mediation, as well as their views on recent ADR developments.
As a conference bonus, registered delegates are entitled to attend an interactive workshop on 9 September 2022, at which international experts will provide an overview of essential ADR theory and key issues. This is intended as both an introduction for those with limited experience in the area of ADR, and a refresher for more experienced practitioners, with a view to equipping delegates to obtain maximum benefit from the main program.
For more information and to register, visit https://lawasiafiji2022.com/
Migration Law Seminar
The Migration Law Committee from the Federal Litigation and Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers.
The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience. Register now via https://www.lawcouncil.asn.au/event/migration-law-seminar
Save the date – Immigration Law Conference
The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 17-18 March 2023 in Sydney and online. The conference will be conducted over two days and will canvass current issues in Australian immigration law. https://www.lawcouncil.asn.au/event/immigration-law-conference-2023
Commemoration of the Abolition of the Death Penalty in Queensland 1922 - 2022
To commemorate 100 years since Queensland’s historic abolition of the death penalty on 31 July 1922, a series of events will be held on 1 August 2022 at the Premier’s Hall, Parliament House, Brisbane.
This all-day event will run from 11am and will include a keynote address from Hon. Michael Kirby AC CMG, as well a series of panel discussions throughout the day.
At the conclusion of the discussions, The Penalty of Death will be launched by author Kerry O’Brien, and edited by Barry Jones AC. This collection of writings in opposition of the death penalty includes works by Dickens, Camus, and Orwell, as well as modern contributions by Michael Kirby, Barry Jones and Julian McMahon.
In a special auction, a portrait of Barry Jones by photographer Bill Henson will also be auctioned, with proceeds going to the Capital Punishment Justice Project (CPJP).
To join in person or via zoom, register here: Commemoration of the Abolition of the Death Penalty in Queensland 1922 - 2022, Brisbane City, 1st of August | Humanitix
