Family Law Amendment Bill 2023

The Law Council recently made a submission to the Senate Legal and Constitutional Affairs Legislation Committee in response to its inquiry into the provisions of the Family Law Amendment Bill 2023 (Cth).

In its submission, the Law Council addresses each Schedule of the Bill and supports, at least in principle, most of the proposed measures, including the:

simplification of the ‘best interests’ factors in section 60CC of the Family Law Act 1975 (Cth);
repeal of the presumption of equal shared parental responsibility and associated provisions;
redraft of existing section 121 and Part VII, Division 13A of the Family Law Act; and
expediting the review of the Federal Circuit and Family Court of Australia Act 2021 (Cth) by two years.

Read the full article here.

Law Council concern regarding arrest warrants issued for Hong Kong pro-democracy activists

The Law Council of Australia issued a media release on 5 July 2023, expressing concern about the announcement that Hong Kong SAR Police has issued arrest warrants for eight people living overseas, and placed bounties of HK$1million on each of their heads.

The subjects of these arrest warrants include prominent pro-democracy activists, former lawmakers and lawyers wanted in Hong Kong for alleged offences under the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the Hong Kong National Security Law).

Two of the individuals named, Mr Ted Hui and Mr Kevin Yam, reside in Australia.

Read the full media release here.

Equitable Briefing Policy Annual Reports 2022/23

The reporting period for the Law Council’s Equitable Briefing Policy is now open. 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.

Australian Young Lawyer Awards 2023

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

LCA Submissions

Recently published Law Council Submissions.

Review of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021, Parliamentary Joint Committee on Intelligence and Security.
Family Law Amendment Bill 2023, Senate Legal and Constitutional Affairs Committee.
A New Model for Regulating Aged Care - Details of the proposed new model, Department of Health and Aged Care.
Review into the operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004, Independent National Security Legislation Monitor.
Interoperability pricing for ELNOs Draft Report, Independent Pricing and Regulatory Tribunal (NSW).

Section Submissions

Recently published Section Submissions.

Media Release 23-154—Consultation on remaking ‘sunsetting’ class orders on unit pricing discretions for managed investment schemes, ASIC, (Business Law Section).
Renewal of class exemption for same class offers ASX/NZX-quoted financial products, Financial Markets Authority (NZ), (Business Law Section).
CP 370 Proposed remake of the ASIC Derivative Trade Repository Rules 2013, ASIC, (Business Law Section).
The Australian Debit Card Market: Default Settings and Tokenisation, Reserve Bank of Australia, (Business Law Section).

Inquiries and consultations

As of 14 July 2023.

Reforms to the Payment Systems (Regulation) Act 1998, The Treasury.
Building Community – deductible gift recipient status for community foundations, The Treasury.
Financial Services Legislation Inquiry on Interim Report C, ALRC.
Greenwashing, Senate Standing Committees on Environment and Communications.
Review of post-sentence terrorism orders: Division 105A of the Criminal Code Act 1995, Parliamentary Joint Committee on Intelligence and Security.
Licensing of payment service providers – payment functions, The Treasury.
23-154MR ASIC consults on remaking ‘sunsetting’ class orders on unit pricing discretions for managed investment schemes, ASIC.
Call for submissions: Youth Justice and Child Wellbeing Reform across Australia, Australian Human Rights Commission.
Continuing Professional Development for Legal Practitioners on Coercive Control, Attorney-General's Department.
Treasury Laws Amendment (Making Multinationals Pay Their Fair Share integrity and transparency) Bill 2023, Senate Standing Committees on Economics.
Financial Services Legislation Inquiry on Interim Report C, ALRC.
Review of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023, Parliamentary Joint Committee on Intelligence and Security.
Responsible AI in Australia, Department of Industry, Science and Resources.
Consultation on draft revisions to Part 5 of the FOI Guidelines: Exemptions, Office of the Australian Information Commissioner.
Modernising document execution: consultation on proposed reform to the execution of Commonwealth statutory declarations, Attorney-General's Department.
Enhancing Australian design protection, IP Australia.

News and Media

Media releases/statement:

Law Council concern regarding arrest warrants issued for Hong Kong pro-democracy activists, 8 July 2023.

Key media articles:

Two in five jailed without conviction, Sun Herald, 2 July 2023.
Australia: What age can children be held criminally responsible in Australia, Mondaq, 2 July 2023.
Peak bodies support Indigenous Voice, Law Institute of Victoria, 3 July 2023.
Bernard Collaery trial highlights ‘prohibitive' and ‘onerous' government secrecy restrictions, lawyers claim, TopologPro One, 4 July 2023.
Elder law & succession: July 2023, Law Society Journal, 4 July 2023.
The latest developments in law reform & advocacy: July 2023, Law Society Journal, 7 July 2023.
E-conveyancing reforms 'years too late', Weekend Australian, 8 July 2023.
Horrific death in custody behind class action lawsuit over ‘racist' WA fine law, Sydney Morning Herald, 11 July 2023.

Upcoming Events

The Legal Practice Section's Australian Consumer Law Committee will be hosting another exciting ‘Consumer Rights Forum’ in Brisbane and by webinar. This year's topic is "Natural Disaster Insurance: The Real Cost".

Limited number of tickets available with complimentary entry, registrations close 14 July 2023, unless sold out prior. Learn more and register here.

The Legal Practice Section of the Law Council of Australia and the Environment and Planning Law Association of New South Wales will co-host the 11th Mahla Pearlman Oration on 20 July 2023 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 (1989–90). The annual event is a tribute to Chief Judge Pearlman’s achievements and inspiration to younger generations of environmental lawyers. Learn more and register here.

Join the International Law Section for the third lecture in the Authors' Series for 2023, featuring Professor Wojciech Sadurski, A Pandemic of Populists (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.

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

Registrations will be close COB Monday, 9 October 2023. Learn more and register 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 COB 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.