Policy to improve equity in legal profession achieves key target

A policy designed to track and increase opportunities for female lawyers has reached a significant milestone.

“The Law Council of Australia launched the Equitable Briefing Policy in 2016 and a key target was to have women barristers briefed in at least 30 per cent of all matters by 1 July 2020. Data released on 7 March 2022 shows this objective has been achieved, with 31 per cent of briefs going to women barristers as at the end of the 2019-2020 financial year,” Law Council of Australia President, Mr Tass Liveris revealed. Read more.

Survivor-centred justice requires funding
Substantial and sustained resourcing across multiple sectors, including legal, is needed to ensure long-term programs can be implemented and the immediate needs of women and children at risk of, and experiencing, family and sexual violence can be met. The Law Council of Australia commends the overall objectives and emphasis of the draft National Plan to End Violence Against Women and Children. It particularly welcomes the National Plan’s recognition that there is a need to ensure victim-survivors have access to appropriate survivor-centred justice responses. Read more.

Social Media (Anti-Trolling) Bill 2022
The Law Council of Australia provided a submission to the Senate Legal and Constitutional Affairs Legislation Committee in relation to its inquiry into the Social Media (Anti-Trolling) Bill 2022 (Cth). In recent years, defamation has become an area of increasing prominence in terms of community and media interest. It is also an area of law that has arguably struggled to keep pace with developments in online publishing, including social media. Read more.

Ceremonial Sittings - Honourable Justice Duncan Kerr Chev LH and Judge Shaun McElwaine SC
On 25 February 2022, Law Council of Australia President, Mr Tass Liveris, was honoured to take part in the ceremonial sitting to farewell one of the legal professions’ leading advocates, the Honourable Justice Duncan Kerr Chev LH, upon his retirement from the Federal Court of Australia. Speaking during the ceremony, Mr Liveris said the contribution Justice Kerr has made to this nation is undeniable and profound. Justice Kerr was a Member of Parliament for 23 years and during that time served as Minister for Justice and Attorney-General. Mr Liveris also had the privilege of welcoming Judge Shaun McElwaine SC to the Federal Court. During his address, Mr Liveris commended the Commonwealth for supporting and appointing a permanent judicial presence for Tasmania.

Business groups and the Banking Code
The Financial Services Committee of the Business Law Section provided a submission to the Australian Banking Association (ABA) in response to the consultation paper titled ‘Business groups and the Banking Code’. The Financial Services Committee is broadly supportive of the changes to the definition of ‘small business’ suggested in the report of the independent review of the definition of ‘small business’ conducted by Pottinger (Pottinger Review) and set out in the Consultation Paper. Read more.

LCA Submissions

Recently published Law Council Submissions.

Social Media (Anti-Trolling) Bill 2022, Senate Legal and Constitutional Affairs Legislation Committee.
Inquiry into Social Media and Online Safety, House Select Committee on Social Media and Online Safety.

Section Submissions

Recently published Section Submissions.

Investigations into Commissioner of Taxation’s General Power of Administration (GPA) and Remedial Power (CRP), Inspector General of Taxation & Taxation Ombudsman. (Business Law Section).
Bankruptcy system – Options Paper January 2022, Attorney-General’s Department, (Business Law Section).
2022 Foreign Investment Reforms - Exposure Draft Regulations, Treasury, (Business Law Section).

Inquiries and consultations

As of 7 March 2022.

Higher Education Research Commercialisation (HERC) Intellectual Property (IP) Framework (Framework) - Department of Education, Skills and Employment.
2022 Foreign Investment Reforms - Discussion Paper – The Treasury.
Review of the Legislative Framework for Corporations and Financial Services Regulation - Australian Law Reform Commission.
Strengthening Financial Resilience in Superannuation - Australian Prudential Regulation Authority Strengthening Financial.
TPB Information Sheet TPB(I) 12/2012 Insolvency practitioners: Do you need to register as a tax and BAS agent? - Tax Practitioners Board.
Public consultation to progress further Respect@Work recommendations (FED) - Attorney-General's Department.
New family dispute resolution services for Aboriginal and Torres Strait Islander families - Attorney-General's Department.
The Australian Taxation Office’s Administration and Management of Objections - Inspector-General of Taxation.
CP 358 Remaking ASIC relief on PDSs, superannuation dashboards and FSGs - Australian Securities & Investments Commission.
Sharing Economy Reporting Regime - Australian Taxation Office.
Deceased Estates Inquiry - Banking Code Compliance Committee.

News and Media

Media releases/statements:

Survivor-centred justice requires funding, 2 March 2022.
Policy to improve equity in legal profession achieves key target, 7 March 2022.

Key media articles:

Advocates urge Australia to welcome Ukrainian refugees as minister meets with community, The Mandarin, 1 March 2022.
LCA calls on Australian government to accommodate Ukrainian refugees. Lawyers Weekly, 2 March 2022.
Has sexual harassment prevention reached a tipping point in the legal profession?, Lawyers Weekly, 3 March 2022.
Anti-trolling bill could breach US free trade deal and increase online abuse, BCA says, The Guardian, 4 March 2022.
Female barristers hit 30pc milestone, but pay gap remains, Australian Financial Review, 9 March 2022.

Upcoming Events

Join the International Law Section for the fifth ILS International Law and Practice Course lecture – Australia-China Trade and Investment Frictions in a New Era of Geo-economics, featuring Professor Jane Golley and Dr Martyn Taylor.

This lecture will explore the Australia-China relationship through the lens of geo-economics – defined in simple terms as the use of economic tools to pursue geopolitical goals in line with national interests – highlighting the point that this relationship can only really be understood through a trilateral lens that involves the US as well. Learn more about the event here.

The Law Council of Australia’s Federal Litigation and Dispute Resolution Section will be hosting its annual Immigration Law Conference on 30-31 March 2022 at the Langham Hotel in Melbourne and will also be available online. The conference will be conducted over two days and will canvass current issues in Australian immigration law against the backdrop of borders re-opening in the lead up to the next Federal election. Learn more about the event here.