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ANNUAL 2014-15

The Law Council of Australia

REPORT

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GPO Box 1989, Canberra ACT 260119 Torrens St. Braddon ACT 2612T: (02) 6246 3788F: (02) 6246 0639www.lawcouncil.asn.au

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LAW COUNCIL OF AUSTRALIA LIMITED ANNUAL REPORT FOR THE 2014-15 FINANCIAL YEAR

2 Law Council of Australia Annual Report 2014-15

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Law Council of Australia Annual Report 2014-15 3

CONTENTSPresident’s Report

About the Law Council of Australia

Sections

Operations

Financial Report

Abbreviations

4

6

12

22

44

73


PRESIDENT’S REPORT

In the last financial year, the Law Council has increased its advocacy through its submissions, resulting in more mentions in Parliament as seen on page 26. We also increased our public statements and received major coverage on federal and international issues.

In this time, the legal profession has taken a leadership role in setting its own standards in the roll-out of a uniform system of legal profession regulation, known as the Legal Profession Uniform Law. This scheme aims to harmonise regulatory obligations while retaining local performance of regulatory functions. The reform has been a Law Council goal for many years and its introduction in New South Wales and Victoria, representing the majority of Australia’s legal profession, is a significant milestone and a vital step towards a truly national profession.

The Law Council has also been involved in issues concerning the broader community. As the first President from the Northern Territory in a decade, a priority issue during my Presidency has been Indigenous imprisonment. Engaging with government and media on this important issue, we have also promoted justice reinvestment schemes focusing on redirecting funds to building stronger communities to prevent imprisonment.

I was also fortunate enough to chair a session at our National Access to Justice and Pro Bono Conference in Sydney in June 2015 where we discussed “Putting the brakes on incarceration” with an esteemed panel of academics and professional leaders. We are now working towards a landmark event at the end of 2015 specifically to address Indigenous imprisonment with Indigenous and social groups, the judiciary, government and the legal sector.

Our work on these and other important issues for the profession and broader community will continue through 2015 and into the future. We hope that generating intelligent debate and thoughtful action on key issues will contribute to building a strong and respected profession.

The past year has been one of positive change and growth at the Law Council Secretariat. The restructure of our Legal Policy Division has brought together our various policy areas under the leadership of a new Director of Policy. This new formation ensures that our various advocacy and policy efforts are targeted in a strategic and focused way.

For more than 80 years, the Law Council of Australia has been the voice for the legal profession, has advised governments and spoken out on important rule of law and justice issues domestically and internationally.

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Communicating our advocacy to government, the legal profession and the wider community is an important aspect of the work of the Law Council. To ensure we are effective, appropriately reactive and, where possible, proactive, we are reviewing our communication channels. This review will then feed into an integrated strategy, incorporating meaningful engagement and positive promotion of the legal profession.

Our international activity has also increased with our Director, International Margery Nicoll elected as the Chair of the International Bar Association’s (IBA’s) Bar Issues Commission as well as Co-Chair of the IBA Presidential Taskforce on the Independence of the Legal Profession. The Law Council has also furthered its work in the two-way professional mobility of lawyers in overseas jurisdictions with the establishment of a Transnational Practice Division, commencing 1 July 2015.

Supporting and underpinning the work of our Policy, Communications and International Divisions is our dedicated and efficient Corporate Services team. Under the guidance and direction of its Director of Finance, this team must be acknowledged for their diligence and effectiveness in systemising and streamlining the Law Council’s infrastructure and processes.

Through this time of organisational growth and greater capacity, I would like to reiterate the Law Council’s appreciation of and commitment to its Constituent Bodies, without which the Law Council could not exist. It is through support from the state and territory law societies, bar associations and the Large Law Firm Group that the Law Council is able to speak at a national and international level on behalf of the legal profession on issues that impact almost all levels of society.

It has been a privilege to serve as the Law Council President and to continue the implementation of important strategic changes commenced by my predecessor Michael Colbran QC. This important work will continue into 2016 under the skilful guidance of my President-elect Stuart Clark AM and my trusted Executive. I thank them for their dedication and support during the course of 2015.

Duncan McConnel

“We hope that generating intelligent debate and

thoughtful action on key issues will contribute to building

a strong and respected profession.”

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ABOUT THE LAW COUNCIL OF AUSTRALIA


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The Law Council advises governments, courts and federal agencies on ways in which the law and the justice system can be improved for the benefit of the community. The Law Council also represents the Australian legal profession overseas, and maintains close relationships with legal professional bodies throughout the world.

The Law Council was established in 1933. It represents 16 Australian state and territory law societies and bar associations, and Large Law Firm Group.

STRUCTURECollectively, these organisations comprise the Law Council’s Constituent Bodies:

• ACT Bar Association

• Law Society of the ACT

• New South Wales Bar Association

• Law Society of New South Wales

• Northern Territory Bar Association

• Law Society Northern Territory

• Bar Association of Queensland

• Queensland Law Society

• South Australian Bar Association

• Law Society of South Australia

• Tasmanian Independent Bar

• Law Society of Tasmania

• The Victorian Bar

• Law Institute of Victoria

• Western Australian Bar Association

• Law Society of Western Australia

• Large Law Firm Group

The Law Council is governed by a board of 23 Directors – one from each of the 17 Constituent Bodies – and six elected Executives. The Directors meet quarterly to set objectives, policy and priorities for the Law Council.

Between the meetings of Directors, policies and governance responsibility for the Law Council is exercised by the Executive, led by the President who normally serves a 12-month term. The Executive is nominated and elected by the Directors.

The Law Council’s chief executive officer is the Secretary-General, who is responsible for managing and operating the Law Council’s Secretariat.

SECRETARIATThe Secretariat has four administrative divisions and five sections that each represent an area of law.

Administrative divisionsCorporate Services

Communications

International

Legal Policy

Directors of the six administrative divisions form the senior leadership group, which advises the Secretary-General on operational matters and is responsible for formulating strategies and policies for the consideration of the Executive and Directors.

Specialist legal sectionsBusiness Law

Family Law

Federal Litigation and Dispute Resolution

International Law

Legal Practice

The Law Council of Australia exists to represent the legal profession at the national and international level, speak on behalf of its Constituent Bodies on national issues and promote the administration of justice, access to justice and the general improvement of the law.

ABOUT THE LAW COUNCIL OF AUSTRALIA


ORGANISATIONAL STRUCTURE

BOARD OF DIRECTORS

CORPORATE GOVERNANCE COMMITTEE

FINANCE AND RISK COMMITTEE

STRATEGIC INITIATIVES COMMITTEE

EXECUTIVE

SECRETARY-GENERAL

SECTIONS

CORPORATE SERVICES DIVISION

COMMUNICATIONS DIVISION

LEGAL POLICY DIVISION

INTERNATIONAL DIVISION


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Access to Justice

Australian Young

Lawyers

Collaborative Practice

Equalising Opportunities

in the Law

Indigenous Legal Issues

Legal Education

National Criminal Law

Liaison

National Elder Law & Succession

Law

Professional Ethics

ADVISORY COMMITTEES

Climate ChangeCompetition and ConsumerConstruction and Infrastructure LawCorporations, Customs and International Transactionse-CommerceFinancial ServicesForeign InvestmentInsolvency and Reconstruction LawIntellectual Property

Media and CommunicationsPrivacy LawResources, Energy and Environmental LawSME Business LawTaxationWorking Party on Foreign Corrupt Practices/Corporate Crime and Corruption

BUSINESS LAW

Law Reform & PracticeOrganisation & Management

Professional DevelopmentMember Services

FAMILY LAW

Administrative LawAAT LiaisonClass ActionsClient Legal Privilege

Commonwealth Compensation & Employment LawFederal Court LiaisonAlternative Dispute Resolution

FEDERAL LITIGATION

Human RightsComparative LawMigration Law

International Trade & BusinessInternational Chapters

INTERNATIONAL

Australian Consumer LawEnvironment & Planning LawLaw ManagementProperty Law

National Insurance LawyersPersonal Injuries & CompensationSuperannuation

LEGAL PRACTICE

Percentage-based

Contingency Fee

Contract Law Reform

Judicial Issues

Litigation Funding

Military Justice

National Disability Insurance Scheme

National e-Conveyancing

System

National Legal Profession

Implementation

National Occupational Health and

Safety

Recruitment and Retention of Lawyers

WORKING GROUPS

SECTIONS


‘To have a strong and respected Australian legal profession’

‘To be the leading voice of the Australian legal profession’

PROFESSIONALISMWe will display integrity, diligence and attention to detail in all our activities

COLLEGIALITY We will be mindful of the concerns of members of the profession, encouraging collaboration and diversity

CREDIBILITYWe will be thoughtful, balanced and quality focussed

COURAGEWe will be principled, forthright and consistent

RESPONSIVENESSWe will be prompt, comprehensive and relevant in our dealings and communications

INNOVATIONWe will be forward thinking in our advocacy and our own administration

LEADERSHIPWe will inspire the profession through excellence and engagement

OUR VISION

OUR MISSION

OUR VALUES

STRATEGIC PLAN2015-2020


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We will lead the Australian legal profession on national and international legal issues

We will promote, protect and defend the rule of law, and individual rights and freedoms

We will promote, protect and defend the interests of the members of the Australian legal profession

We will promote the development of good laws, appropriate law reform and the administration of justice

We will:

• be insightful and future focussed

• be innovative, thoughtful and inspirational

• be consultative, commercial and results oriented

• engage with experts and thought leaders through our Sections and committees

• guide and support the profession’s response to challenges

We will:

• promote and defend the rule of law within Australia and internationally

• promote and defend individual rights and freedoms

• promote and defend human rights

We will:

• promote and defend the interests of the legal profession within Australia and internationally

• promote effective legal practice for Australian lawyers

• promote consistent and co-ordinated regulation of the Australian legal profession

• support the Constituent Bodies

We will:

• promote access to justice and its effective delivery

• advise and assist governments and other stakeholders to develop good laws and appropriate law reform in Australia

1. A productive and effective relationship with Constituent Bodies.

2. Recognition as the peak body representing the Australian legal profession and the practice of law.

3. Productive and effective relationships with governments and with national regulators.

4. Beneficial relationships with international legal profession organisations and regulators.

5. Effective and efficient administration and operations.

CRITICAL SUCCESS FACTORS

PRINCIPAL RESPONSIBILITIES

STRATEGIC PILLARS


BUSINESS LAW SECTIONThe Business Law Section (BLS) was established in 1980. This is the second largest of the Law Council’s five Sections with approximately 1,100 members. Approximately 45 per cent of members are from firms that belong to the Large Law Firm Group. The BLS represents the views of lawyers on business law matters, law reform and education and provides advice to the Law Council on business law matters.

The BLS has established links with the Commonwealth Government, its agencies and other instrumentalities and has built a strong reputation as a provider of sound advice on business law matters.

The BLS has 15 specialist committees and one working party:

• Climate Change Committee;

• Competition and Consumer Committee;

• Construction and Infrastructure Law Committee;

• Corporations Committee;

SECTIONSEach of the Law Council’s Sections contributes to achieving the ‘strategic pillars’ of the Law Council’s Strategic Plan 2015–2020, including legal leadership, rule of law, protecting the interests of the profession, and promoting the development of good laws and justice administration.

• Customs and International Transactions Committee;

• e-Commerce Committee;

• Financial Services Committee;

• Foreign Investment Committee;

• Insolvency and Reconstruction Law Committee;

• Intellectual Property Committee;

• Media and Communications Committee;

• Privacy Law Committee;

• Resources, Energy and Environmental Law Committee;

• SME Business Law Committee;

• Taxation Committee;

• Working Party on Foreign Corrupt Practices/Corporate Crime and Corruption.

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Members of the BLS Committees and Working Party contribute to the preparation of submissions to government and regulatory bodies. Through these committees, the BLS prepares approximately half of all the Law Council’s submissions each year.

Section Executive Chair: Mr John Keeves (SA)

Deputy Chair: Ms Teresa Dyson (Qld)

Treasurer: Mr Greg Rodgers (Qld)

Members: Mr Philip Argy (NSW); Professor Bob Baxt AO (Vic); Dr Elizabeth Boros (Vic); Ms Rebecca Maslen-Stannage (NSW); Mr Frank O’Loughlin (Vic); Mr Tony O’Malley (NSW); Ms Rachel Webber (WA).

AdvocacyDuring 2014-15, the BLS and its committees lodged 75 submissions (compared to 48 in 2013-2014).

The BLS representatives also participated in over 65 meetings during the 2014-15 financial year, including regular meetings with the Australian Taxation Office, the Treasury, the Australian Securities and Investments Commission, the Personal Property Securities Forum, the Harper Root and Branch Review Committee, the Australian Customs and Border Protection Service, IP Australia, the Australian Competition and Consumer Commission, Parliamentarians and appearing at House of Representatives and Senate Inquiries.

For a full list of submissions see page 30.

PublicationBLS Brief is an electronic publication sent to BLS members to highlight its work and activities. Four issues of BLS Brief were published during 2014-2015.

For other Law Council publications, see page 29.

Professional development The BLS held the following workshops and conferences during 2014-15:

• Corporations Workshop – Surfers Paradise Qld, 25-27 July 2014;

• Insolvency Law Workshop – Gold Coast Qld, 28-30 August 2014;

• Competition and Consumer Workshop – Brisbane Qld, 12-14 September 2014;

• Rising Stars Competition Workshop – Sydney NSW, 17-18 October 2014;

• Taxation Workshop – Brisbane Qld, 17-19 October 2014;

• Second International Arbitration Conference, Sydney NSW, 12 November 2014 ( jointly sponsored by ACICA).

International engagement The BLS was represented internationally by the BLS Chairman, John Keeves, and the BLS Director, Carol O’Sullivan, at the International Bar Association’s annual conference in Tokyo in October 2014 and at the 10th Bar Leaders Conference and mid-year IBA Council Meeting in Prague in May 2015.

Scholarships awardedDuring 2014-15 the BLS awarded these scholarships:

• The Gaire Blunt Scholarship for an essay on competition law;

• The Forsyth/Pose Scholarship for an essay on taxation law;

• The inaugural Santow Scholarship for an essay on corporations law.

The Gaire Blunt Scholarship was awarded to Katharine Kemp for her essay entitled “The Case Against ‘French J. Arsonist’“; The Forsyth/Pose Scholarship was awarded to Emma Hassaram for her essay entitled “The allowance for Corporate Equity: A Worthy Deal for Australia”; and the inaugural Santow Scholarship was awarded to Ryan Turner for his essay “Revisiting the director liability of holding companies following Chandler v Cape PLC”. Each scholarship was $5,000.

For more on Law Council events and awards, see page 29.


FEDERAL LITIGATION AND DISPUTE RESOLUTION SECTIONThe Federal Litigation and Dispute Resolution Section (FLDRS) produces submissions and publications, liaises with federal courts and tribunals on issues of jurisdiction, resourcing and effective case management, and convenes continuing professional development (CPD) events.

The FLDRS membership comprises lawyers, judges and academics with practices and professional interest in federal courts and tribunals, and broader dispute resolution, who meet in various expert committees.

Section ExecutiveThe Section Executives met in July, October and December 2014 and March 2015.

At the FLDRS AGM on 24 October 2014, 11 Section members were elected to the Section Executive Committee. Mr Peter Kite SC, Mr Tom Howe QC, and Mr Harry Dixon SC retired after many years of service.

Executive members

Mr Chris Cunningham (Chair)

Mr John Emmerig (Deputy Chair)

Mr Peter Woulfe (Treasurer)

Ms Gail Archer SC (March 2015–)

Mr Ian Bloemendal

Dr Natalie Cujes

Mr Simon Daley PSM

Mr David Gaszner

Ms Bronwyn Lincoln

Mr Erskine Rodan OAM (March 2015–)

Mr Ben Slade

Ms Joanne Staugas

Mr Ingmar Taylor SC

In March 2015, the Section Executive appointed the Chair of the Migration Law Committee (MLC) and a barrister from Western Australia to the Executive. These appointments extend the representation of the Section Executive across Australia and better reflect the new FLDRS demographic with approximately 150 members of the MLC joining the FLDRS from March 2015.

Changes in Section Committee structure

As at 30 June 2015, the FLDRS had 15 committees and 13 sub-committees. Committee changes in 2014–15 included:

• The MLC and Young Migration Lawyer Sub-Committee transferred into the Section. The Committee established seven sub-committees

in March 2015. It shares interests with the Administrative Law and Court and Tribunal Liaison Committees. The change enables the International Law Section to focus on the Law Council’s International Strategy;

• The Military Justice Committee (formerly the Military Justice Working Group) transferred into the Section as recommended in the 2012–13 Review of Law Council Committees and Working Parties;

• Sub-committees on mediation, arbitration and family dispute resolution were established in the ADR Committee;

• Terms of reference for a Constitutional Law Committee and Transnational Litigation Committee were agreed and appointees were nominated;

• The focus of the CLP Committee was broadened and its name was changed to Privileges and Immunities Committee.

Policy and advocacyThe key issues the FLDRS addressed during 2014–15 included:

• Requesting that the Commonwealth seek the agreement of state and territory members of the Legislative and Governance Forum for Corporations to confer jurisdiction on the Federal Circuit Court in relation to some corporate insolvency matters under the Corporations Law as recommended in three Court annual reports;

• The lack of Australian Government support for the Administrative Review Council, which has been discontinued as an independent advisory body;

• Listing difficulties in the Administrative Appeals Tribunal in the lead up to the planned 2015 merger of Commonwealth tribunals and the loss of expertise following the non-appointment of many members of the former Migration Review Tribunal and Refugee Review Tribunal;

• The need to give parties the right to be legally represented before the Fair Work Commission and for a new appeal structure not to be created;

• Fee increases in federal courts;

• The dual accreditation of practitioners with ADR practices, including the revised draft non-mandatory National Mediator Accreditation System Approval Standards;

• The definition of ‘the court’ in the Commercial Arbitration Acts following the decision in Subway Systems Australia Pty Ltd v Ireland [2014] VSCA 142.


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The MLC has been engaged with the dismantling of the dual regulation of migration lawyers since the welcome announcement on 8 May 2015 that the Australian Government had accepted a majority of the recommendations of the Kendall Report – the Independent Review of the Office of the Migration Agents Registration Authority.

Court, tribunal and other liaison• The Federal Court Liaison Committee met with the

Chief Justice the Hon James Allsop AO and officials of the Federal Court in September 2014;

• The Federal Circuit Court Liaison Committee met with Chief Judge John Pascoe AO CVO and officials of the Federal Circuit Court in December 2014;

• The Section chair, Mr Chris Cunningham, represented the FLDRS on the Law Council’s Access to Justice Committee;

• Members of the ADR Committee represented the Law Council at the Mediator Standard Board’s annual general meeting;

• The Industrial Law Committee represented the Law Council on the Fair Work Commission’s Employment Termination User Group and the Legal Profession Reference Group.

PublicationsIn 2014, the FLDRS expanded and enhanced its flagship publication, the Federal Court Case Management Handbook. The editorial committee comprises the Hon Dr Kevin Lindgren AM QC FAAL, John Sheahan SC FAAL, Simon Daley PSM FAAL, Kanaga Dharmananda SC FAAL and Philip Crutchfield QC.

The FLDRS published four issues of its quarterly newsletter Chapter III edited by Ian Bloemendal.

Stephen Tully and Luke Chapman contributed case notes for the CLP Watch webpage.

http://www.minister.border.gov.au/michaeliacash/2015/Pages/government-releases-omara-review.aspx

http://www.minister.border.gov.au/michaeliacash/2015/Pages/government-releases-omara-review.aspx

http://www.fedcourt.gov.au/law-and-practice/case-management-handbook

http://www.fedcourt.gov.au/law-and-practice/case-management-handbook

http://www1.lawcouncil.asn.au/FEDLIT/index.php/library/publications

http://www1.lawcouncil.asn.au/FEDLIT/index.php/clpwatch


Continuing professional developmentThe Section hosted various successful professional development events:

• Seminar on contract-based claims under the Fair Work Act – co-hosted by the Industrial Law Committee and the Law Society of Tasmania, March 2015;

• CPD Immigration Law Conference – hosted by the MLC, March 2015 (See video on the Law Council YouTube channel; Law Council TV);

• Hot Topics in Commonwealth Compensation – co-hosted by the Commonwealth Compensation and Employment Law Committee, Sydney, 12 December 2014 and Melbourne 22 May 2015;

• Event on confidentiality, privilege and privacy – co-hosted by the Section’s ADR Committee and the NSW Law Society, Sydney, August 2014;

• Administrative Law Conference – hosted the Administrative Law Committee and the Federal Court of Australia, August 2014 (Federation Press published the proceedings as Administrative Justice and its Availability (2015), edited by the Hon Justice Mortimer).

FAMILY LAW SECTIONThe Family Law Section (FLS) is the largest of the Law Council’s specialist legal Sections with more than 2300 members. It is managed by a Section Executive of 12 members consisting of one barrister and one solicitor from each of New South Wales, Victoria and Queensland, one practitioner from the Australian Capital Territory, South Australia, Western Australia and Tasmania, the immediate-past Chairman of the Section Executive, and the Editor of Australian Family Lawyer.

Since its inception in 1985, the FLS has developed a strong reputation as a source for innovative, constructive and informed advice in all areas of family law reform and policy development. It is committed to furthering the interests and objectives of family law and family lawyers for the benefit of the community by:

• Active involvement in law reform, by working co-operatively with elected representatives, policy-makers, the courts, government agencies and numerous other bodies on a wide range of matters associated with the operation of family law (both in terms of recommending and responding to initiatives concerning legislative change and procedural reform);

• Providing extensive and affordable continuing professional development and education programs to promote the highest technical standards and awareness of developments amongst the practicing family law profession;

• Preparing and disseminating publications to those working in the family law arena.

Vale: the Hon David Malcolm AC CitWA KCSJ QC

The Law Council extended condolences to the family of the former Chief Justice of Western Australia, the Hon David Malcolm AC CitWA KCSJ QC, who was the founding chair of the Federal Litigation Section, a former President of the Western Australian Bar Association, and former chair of LAWASIA’s Judicial Section. He was also appointed Lieutenant-Governor of Western Australia in 1990. The Hon David Malcolm passed away on 20 October 2014.

WATCH VIDEO: Highlights of the CPD Immigration Law Conference

https://www.youtube.com/watch?v=k_IEyKg0dFs




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Section ExecutiveDuring 2014-15, the following members served on the Section Executive:

Mr Rick O’Brien (Chair)

Ms Wendy Kayler-Thomson (Deputy Chair)

Mr Michael Kearney SC (Treasurer)

Mr Geoffrey Sinclair (Immediate Past Chair)

Mr Ian Kennedy AM (Editor, Australian Family Lawyer)

Ms Deborah Awyzio (until 18/11/14)

Dr Jacoba Brasch QC (from 18/11/14)

The Hon Cameron Dick (until 18/11/14)

Mr Paul Doolan

Mr Denis Farrar

Mr Greg Howe

Ms Kate Mooney

Ms Anne-Marie Rice (from 18/11/14)

Ms Minal Vohra

Law reformKey policy initiatives in 2014-15 included:

• Two submissions to the House of Representatives Inquiry into the Child Support Program;

• Submission to the Senate Inquiry – Domestic Violence in Australia (with particular focus on the delivery of services within the family law system);

• Submission to the Victorian Royal Commission into Family Violence, dealing primarily with the

particular problems confronting people who experience family violence within existing or former intimate partner relationships;

• Submission to the Law Admissions Consultative Committee in response to its review of academic requirements for admission to legal practice. The submission recommended that family law be included as a compulsory area of study which, in the Section’s view, will contribute to the development of a well-rounded legal education;

• Submission to the Family Law Council in relation to its reference on the intersection of family and child protection laws;

• Submission to the Community Services and Health Industry Skills Council (Skills Council). Review of qualifications for family dispute resolution practitioners.

For a full list of Law Council submissions, see page 30.

Another important aspect of the Section’s law reform agenda is regular liaison with the Heads of Jurisdiction for the Family Court of Australia, the Family Court of Western Australia and Federal Circuit Court of Australia, as well as officers from the Attorney-General’s Department and the Department of Human Services (in relation to child support issues).

Other key relationships include:

• The Family Law Council, on which the FLS has observer status;

• The National Independent Children’s Lawyer Stakeholder Group, of which FLS is a member;


• The Family Court of Australia Judges’ Rules Committee;

• The combined Family Court of Australia and Federal Circuit Court of Australia Working Party on Unrepresented Litigation on which FLS is represented.

Member services and professional developmentThe FLS made a number of exciting changes to the way it delivers benefits and services to members. The first of these was the shift to digital publication of Australian Family Lawyer. Now celebrating its 30th year of publication, it continues to be the preeminent publication for family law practitioners. More than 95 editions of the journal have now been published.

To support the new digital format of Australian Family Lawyer, and to improve member services generally, the Section’s website was completely redeveloped in September 2014 and now includes a searchable library facility for members, as well as a ‘My favourites’ option so that members can easily store preferred articles on a continuing basis. The library contains all past editions of Australian Family Lawyer and papers from CPD programs.

As the leading provider of CPD for family lawyers around the country, the FLS has developed a new FLS CPD app which houses information about all current and future FLS professional development events. This followed the success of the one-off app used at the 2014 National Family Law Conference in Sydney (which was paperless). The FLS CPD App contains a number of features including information about event programs, venues and speakers, live Q&A capability, and exclusive delegate access to papers. Members need only download one app for all their CPD needs.

In 2014-15, the FLS delivered CPD programs to more than 1600 participants including:

• Family Law Intensives in Sydney (14 February 2015); Melbourne (3 May 2015); and Adelaide (13 June 2015);

• An Independent Children’s Lawyer Training Program in Sydney, from 31 July to 2 August 2014.

2015 also marked the Section’s 30th anniversary! The Section has grown significantly from its modest beginnings as a Law Council committee to become a strong and influential voice for the national family law profession. The current Executive is proud to continue in that role and to work to influence the development and practice of family law for the benefit of FLS members and the general community. An event to celebrate this milestone is scheduled for 28 November 2015.

INTERNATIONAL LAW SECTIONThe International Law Section (ILS) by-laws provide that the Section is “concerned with the practice, teaching and study of the law with respect to international law and practice, including its formulation and development”. The ILS promotes international links that enhance the Australian legal profession internationally.

The ILS provides a forum for judges, barristers, solicitors, government lawyers, academics, corporate lawyers and law students working in Australia and overseas who are involved in transnational and international law matters, trade and business, migration and human rights issues. Through the ILS, lawyers and others interested in international law can discuss current issues, debate and contribute to the process of law reform, and enhance their professional skills.

The ILS contributes to the implementation of the Law Council’s International Strategy. The Chair of the ILS is Mr Andrew Percival.

ILS Chapters (committees) based in cities outside Australia exchange information and advice between the Law Council and Australian-trained lawyers working in the relevant Chapter jurisdiction on international law and practice.

Section ExecutiveMr Andrew Percival (Chair) Dr Brett Williams (Deputy Chair) Ms Anne O’Donoghue (Treasurer)

Advocacy

Foreign legal consultants in Korea

In March 2015, the Law Council was approached by the Department of Foreign Affairs and Trade (DFAT) about proposed changes by the Korean Ministry of Justice to the Foreign Legal Consultants Act that may have implications for the creation of joint ventures between Australian and Korean law firms in Korea under the Korea-Australia Free Trade Agreement (KAFTA). The Law Council and DFAT were particularly concerned that the opportunities gained in the Korea-Australia Free Trade Agreement would be lost.

The ILS made a submission to the Korean Ministry of Justice expressing concerns and proposing changes. In response, Korea indicated that it would reduce the prior experience requirements for Australian lawyers to register as foreign lawyers and the requirements for Australian law firms operating in Korea in qualifying to enter into joint ventures with local Korean law firms.

This is a major achievement in promoting Australia’s interests internationally and the Law Council will continue to seek the easing of burdensome requirements that are being considered by Korea.

Also see International Division on page 23.


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Anti-dumping measures

The International Trade Law Committee made a submission on 18 November 2014 to the House of Representatives Standing Committee on Agriculture and Industry inquiry into Australia’s anti-circumvention framework in relation to anti-dumping measures.

The submission stated that;

• circumvention of anti-dumping and countervailing measures is uncommon and should be dealt with under the existing customs regulations;

• Australia’s anti-circumvention framework is potentially in violation of the World Trade Organisation (WTO) Anti-Dumping Agreement (ADA) and the Agreement on Subsidy and Countervailing Measures (SCM Agreement), and may well be abused against normal business practice and for protectionist purposes, which could provoke retaliation by other WTO member countries.

Migration advice industry

On 1 August 2014, the Migration Law Committee provided a submission to the Office of the Migration Agents Registration Authority (OMARA) discussion paper on the regulation of the migration advice industry. The submission noted that migration lawyers are subject to unnecessary, inefficient and counter-productive dual regulation and that a significant overhaul of the OMARA and the regulation of migration agents would be necessary to improve consumer protection.

Skilled visa programmes

On 22 October 2014, the Migration Law Committee made a submission on the the Department of Immigration and Border Protection’s review of skilled migration and 400-series visa programmes. The submission acknowledged the interconnected nature and range of the Australian visa program, which includes over 140 individual visa subclasses. The submission also noted the review would lead to the most far-reaching transformation of the last 20 years and would establish a visa framework that would support Australia’s skilled migration needs for the next 20 years.

Barriers to services exports

Following a series of meetings with representatives from the Productivity Commission, the Law Council made a submission to the Commission’s Barriers to Services Exports Issues Paper on 3 June 2015. The submission suggested that Australia should seek commitments from other countries that would require them to provide terms of access that equal or reflect most of the major characteristics of the market access terms that Australia provides to non-nationals.

This is in accordance with the Law Council’s long-standing policy that the right to practise local law should be on the basis of knowledge, ability and professional fitness only – and this to be determined objectively and fairly through transparent processes with only limited regard to nationality.

Commonwealth’s treaty-making

In March 2015, the Law Council made a submission to the Senate Committee on the DFAT Inquiry into the Commonwealth’s treaty-making process.

The ILS made the point that the current public and stakeholder consultation and opportunities for openness, transparency and accountability in negotiating treaties are inadequate because of the level of secrecy maintained by the government. Further, the submission raised concerns that the processes for reviewing treaties and the matters regulated by treaties are inadequate because of the failure to publish appropriate records of bodies operating under these treaties.

For a full list of Law Council submissions, see page 30.

Events

Twilight seminars

The Law Council of Australia, with the support of the ILS, hosts the Twilight Seminar Series. On 25 March 2015, Ms Deborah Enix-Ross, former chair of the American Bar Association’s Section of International Law, gave a seminar on ‘Law, business and human rights’.

Migration law conference

The MLC held the annual CPD Immigration Law Conference in Melbourne, 20-21 March 2015. The event included presentations by eminent speakers, including Mr Erskine Rodan OAM, Mr Stuart Clark AM, Mr David Wilden, Mr Michael Kah, Ms Katie Miller and Ms Kay Ransome. At the conference dinner held at the Park Hyatt Hotel, Dr Gordon Hughes presented the John Gibson AM Award – Young Migration Lawyer of the Year to Marina Brizar. (See page 29 for other awards.)

Trade law symposium

On 18-19 September, the ILS hosted its annual International Trade Law Symposium, which encourages open and frank discussion between government, profession and academics on emerging developments in trade law in Australia and internationally. Panellists provided their views of recent developments in trade law and predicted forthcoming changes.


Chapter events

On 24 September 2014, the London Chapter held a fully-booked event featuring guest speaker the Hon. Michael Kirby AC CMG at Linklaters. The address; ‘From the High Court of Australia to Human Rights in North Korea’, focused on the creation, operation and findings of the UN Commission of Inquiry, established in 2013 to investigate human rights violations in the Democratic People’s Republic of Korea (North Korea), with a view to ensuring full accountability of those responsible.

On 12 November 2014, the ILS New York Chapter hosted a CLE programme ‘To Live And Die In The USA: A Forum For Australian Expats On Immigration, Tax And Estate Planning’ at Moses & Singer LLP, The Chrysler Building, New York.

On 18 November 2014, the ILS Hong Kong Chapter hosted a luncheon at the Bankers Club, Hong Kong. Mr Mark Steward Executive Director, Enforcement Division of the Securities and Futures Commission of the Hong Kong SAR gave the keynote address on ‘Influence and Inspiration: Australia’s and Hong Kong SAR’.

The New York Chapter held a breakfast meeting on 18 June 2015, which featured the Hon. Alex Chernov.

For more on Law Council events, go to page 29.

LEGAL PRACTICE SECTIONThe Legal Practice Section is a professional network across Australia for practitioners with interests in seven broad areas of law and practice management: consumer law, environmental and planning law, practice management, property law, insurance law, personal injuries and compensation, and superannuation. The Section’s Groups work on behalf of the profession and the broader community to encourage and promote national uniformity of laws and procedures, most notably in relation to property law and personal injuries compensation and rehabilitation. The Section represents the interests of its members through an Executive Committee and the executive committees of the specialist Groups.

Section ExecutiveThe elected Section Executive Committee and Section Committee chairs met in October 2014, February 2015 and May 2015, and otherwise by teleconference.

At the Section AGM on 10 October 2014, eight Section members were elected to the Section Executive Committee and office bearers were later elected:

Mr Dennis Bluth (Chair)

Mr Philip Jackson (Deputy Chair)

Mr Paul Malliate (Treasurer)

Mr Mark Cerché

Dr Leonie Kelleher OAM

Ms Maureen Peatman

Mr Bill Redpath

Ms Kriss Will

Mr Damian Scattini, a long-standing Executive member and former Section Chair (2004–06) retired after many years of service.

The Chairs of Section Groups’ Executive Committees (who met with the Section Executive Committee, contributed to Law Council submissions and hosted events) were:

Mr Ben Slade (Australian Consumer Law Committee [ACLC] from June 2015, following the retirement of Mr Simon Cleary)

Mr Greg McIntyre SC (Australian Environment and Planning Law Group)

Mr Paul Malliate (Australian Law Management Group [ALMG])


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Mr Gary Newton (Australian Property Law Group [APLG] and chair of the NSW sub-committee, from May 2015, succeeding Mr Michael James who retired after a two-year term. Mr James continued to chair the Property Law Reform Alliance and progress the Uniform Torrens Title initiative.

Mr Andrew Sharpe (National Insurance Lawyers Group)

Mr Geoff Provis (Personal Injuries and Compensation Group)

Ms Michelle Levy (from February 2015, following the expiry of Ms Pam McAlister’s term)

Executive Committee liaison and representation rolesALMG Chair Mr Paul Malliate is a member of the Law Council’s Legal Profession Futures Committee and liaises with the Law Asia Law Management Section.

The APLG has members in the Law Council’s E-conveyancing Working Group led by the National E-Conveyancing Development Ltd (NECDL) and engages with the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).

Ms Heather Gray Executive member of the Superannuation Group, represented the Law Council at a workshop on the Government’s proposed Excess Non-concessional Contributions Tax Measure in October 2014.

Ms Kriss Will liaises with the Tristan Jepson Memorial Foundation and the Law Council’s Equality and Diversity Initiative.

Section initiatives and advocacyThe Uniform Torrens Title Act (UTTA) project progressed during the 2014-15 year. A revised UTTA drafted by Em Professor Peter Butt (USyd) with the assistance of Ms Margaret Hole, Chair of the Alliance’s Conveyancing Working Group, was released after further consultations. Amendments of the UTTA were being considered during the year that accommodate jurisdictional differences.

The Section Executive and Committee Chairs held a strategic planning day in Brisbane in May 2015. Key outcomes included a strategic plan; support for a survey to assess the gaps in leadership development capability in law firms in Australia and insights into the likely demand for a targeted multi-disciplinary approach to leadership development; and agreement to support the development of the Australian Law Management Group’s (ALMG’s) relationship with the International Bar Association, American Bar Association, Australasian Legal Practice Management Association and LawAsia Law Management Section.

Continuing professional developmentThe Section hosted various successful professional development events:

• Boardroom lunch with Deputy Governor of the Reserve Bank, Dr Philip Lowe – hosted by the APLG and Section Chair, Sydney, June 2015;

• World Masters of Law Firm ManagementTM with the theme ‘Improving client value in the new law paradigm’ – March 2015;

• The Mahla Pearlman Oration and Future of Environmental Law Symposium focused on environmental federalism – Sydney, March 2015 (the Symposium honoured the contribution of Dr Gerry Bates to environmental law);

• The Section’s flagship conference, the Superannuation Group’s national conference ‘Super Forever’ – Brisbane, February 2015;

• Boardroom lunch with the Federal Member for Higgins and (then) Parliamentary Secretary to the Treasurer, the Hon Kelly O’Dwyer MP on the Inquiry; Report on Foreign Investment in Residential Real Estate – hosted by the APLG and Section Chair, Melbourne, February 2015;

• ‘Supercharging Your Practice’ seminars with the theme ‘Improving your firm’s bottom line performance’ – hosted by the ALMG, Hobart and Canberra, November 2014;

• Various environmental law events at the IUCN World Parks Congress in November 2014 in Sydney.


OPERATIONS

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The Law Council secretariat conducts communication and engagement activities, manages corporate services and supports the objectives of the Law Council, its Sections and committees.

The annual conference of LAWASIA was held in Bangkok in October 2014, where the Law Council President and the Director International meet with other regional law associations. The next annual conference will be held in Sydney in November 2015. Other key LAWASIA events during 2014-15 included the conference on family law and human rights in Tokyo and an observer mission to Fiji – both in July 2014. The Law Council has supported LAWASIA’s initiatives to include the German Bar and the Taiwan Bar, its strategy for re-engagement with the Pacific region and its planning for a high-level meeting with the leadership of the North Korean Bar. The Law Council, through LAWASIA ExCo supported resolutions for the legal profession in Sri Lanka, Malaysia and China.

International advocacy

Aid effectiveness in Papua New Guinea

The Division made a submission to the Senate Foreign Affairs, Defence and Trade References Committee.

Key recommendations: a. That the Australian Government aid program in

PNG support an independent legal profession which upholds the values of the IBA’s International Principles on Conduct for the Legal Profession as an enabler for supporting sustainable development in the country.

b. That government funding continues to support the Pacific Islands Legal Information Institute (PacLII) to support the rule of law in PNG and assist the private sector access up-to-date and reliable legal information.

Threats to rule of law (Malaysia)

In response to concerns raised by the Malaysian Bar Council about threats to the rule of law in Malaysia, the Law Council President wrote twice to Australia’s Minister for Foreign Affairs over reports of 159 arrests under the Sedition Act 1948, the Penal Code, the Peaceful Assembly Act 2012 and the Communications and Multimedia Act 1998. The Law Council also expressed concerns about aspects of the Prevention of Terrorism Act 2015.

INTERNATIONAL DIVISION The Law Council represents the Australian legal profession on international law issues both internationally and domestically. The Law Council also maintains close, productive and mutually beneficial relationships with legal professional peak bodies throughout the world.

The Law Council’s International Strategy is reviewed annually and can be found on the website.

International engagement

International Bar Association

The International Division has continued to work closely with the International Bar Association (IBA) this year, including attending and hosting many important international events to promote the interests of the Australia legal profession internationally.

In 2015, Deputy Secretary-General, Director International Margery Nicoll was appointed Chair of the Bar Issues Commission (BIC). The BIC, as part of the Public and Professional Interest Division, provides an invaluable forum for the 200 member bar organisations to discuss all matters relevant to them at an international level.

Engagement with Indonesia

In April-May 2015, Senior Policy Lawyer, Peter Thomson, presented at a pro bono workshop in Jakarta, providing a valuable opportunity to promote the good work of the Centre for Asia Pacific Pro Bono (CAPPB) and to discuss further cooperation between the Law Council and organisations based in Indonesia.

LAWASIA

The Law Council has maintained its close association with LAWASIA, which represents the peak legal bodies of 32 countries in the Asia Pacific region and is hosted by the Law Society of New South Wales. Former Law Council executive member Justin Dowd served on the LAWASIA ExCo and also acted as country councillor. Former Law Council and LAWASIA president Gordon Hughes continued in his role as Special Observer, and Law Society of New South Wales president John Eades assumed the role of New South Wales observer on ExCo.

http://www1.lawcouncil.asn.au/lawcouncil/images/2015_08_International_Strategy_website_version.pdf


Commonwealth Lawyers’ Association

The Law Council has continued its support of the Commonwealth Lawyers’ Association (CLA) for its international rule of law and human rights work. CLA has been active on issues such as child brides, cyber-crime, sedition laws and access to justice. Australia is well represented on the CLA and will host the CLA conference in 2017.

For a full list of Law Council submissions see page 30.

South Pacific Lawyers’ AssociationThe South Pacific Lawyers’ Association (SPLA), established within the Law Council Secretariat in 2008 with support from the IBA, continued its work to support developing law societies and bar associations and promote the interests of the legal profession in the South Pacific region.

The SPLA has 15 constituent members and during 2014-15, the SPLA Executive comprised:

Mr Ross Ray QC (Chair), Representative, Law Council of Australia

Mr Richard Naidu, Representative, Fiji Law Society

Ms Mareva Betham-Annandale, President, Samoa Law Society

Ms Katalaini Ziru, Representative, Solomon Islands Bar Association

Mr Jonathan Temm, Past President, New Zealand Law Society

Mr Aomoro Amtem, President, Kiribati Law Society

Mr Bill Bani, President, Vanuatu Law Society.

At the beginning of this reporting period, the SPLA Executive approved the strategic plan for the SPLA, which divides the SPLA’s activities amongst representation, regulation and education.

Centre for Asia Pacific Pro BonoThe CAPPB, launched in 2012 as a joint initiative of the Australian Government (through the Attorney-General’s Department) and the Law Council, continued to match requests for international pro-bono legal assistance from organisations in the Asia-Pacific region with appropriate international pro-bono legal service providers in Australia.

Following its success, the original CAPPB funding agreement has been extended from 30 June 2014 until 31 December 2015.

Major projects

In July 2014, the CAPPB facilitated and funded a two-day workshop on administrative law and decision-making. Designed and conducted by Australian members of DLA Piper, the workshop was attended by 40 lawyers

from the Attorney-General’s Department of Samoa. This project generated approximately 249 hours of pro-bono hours valued at more than $151,000.

In August 2014, Dr Liz Bishop (lecturer) from the Michael Kirby Centre for Human Rights and Public Health at Monash University developed a medical law, ethics and human rights teaching syllabus at Fiji National University. Dr Bishop also delivered workshops for medical and legal students on ethics, and met with members of the Fiji Human Rights Commission, Medical Council and female lawyers to address the issues of domestic violence and legal responsibilities.

Engagement with the Australian GovernmentThe Division has met with officials from government departments, particularly the Department of Foreign Affairs and Trade (DFAT) and the Attorney-General’s Department (AGD) to expand on previous work, establish and further common objectives.

In mid-2015, the Division representatives and the SPLA Chair, Mr Ross Ray QC, met with the Assistant Secretary of the Pacific Regional Branch and the Director of Regional Organisations and Governance from DFAT to discuss funding for CAPPB and PACLII and support for the SPLA Conference.

Also see International Law Section on page 18 regarding liaison with DFAT on Korean proposals for foreign legal consultants.

CAPPB initial funding amount

$450,000

$1.2 million

Pro-Bono work generated

Value generated since inception


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Key events

July 2014The President represented the Law Council at the US Conference of Chief Justices (CCJ) Annual Meeting and the CCJ Task Force on Foreign Lawyers. The visit enabled discussions including Exchange of Disciplinary Information Protocols and Australia’s Legal Profession Uniform Law.

August 2014President attended the American Bar Association Annual Meeting and the Canadian Bar Association Meeting.

September 2014President attended the opening of the Legal Year 2014 in London and spoke at a seminar hosted by the Bar Council of England and Wales entitled, ‘The Financial Crisis – coping with the aftermath’.

October 2014The Law Council representatives attended the IBA Annual Conference in Tokyo. As has become tradition, the Law Council hosted a booked-out event at the Australian Embassy for Australian and other delegates from Bar associations, law societies and private practices from around the world.

President and Law Council representatives attended the 27th LAWASIA Conference in Bangkok. The President spoke at the panel session entitled ‘Maintaining professional independence’.

The Law Council Treasurer visited the Republic of Korea to attend the Services Sector Promotion Forum.

November 2014The SPLA Administrator attended the 33rd Pacific Islands Law Officers’ Network (PILON) annual meeting in Kiribati where the SPLA became an Observer member of PILON, entitling it to attend and participate in all PILON meetings. This is an important development for the SPLA as it facilitates its ability to respond to areas of concern which may be raised and is another forum to link with the South Pacific legal community.

January 2015The President and Treasurer attended and participated in openings of the Legal Year in Singapore, Malaysia and Hong Kong.

At a teleconference of the US Conference of Chief Justices Taskforce on Foreign Lawyers and International Practice of Law, the Law Council discussed collecting data on the impact of alternative business structures (ABS), particularly on the impact of ABS’ on pro bono work, access to justice and/or the cost of legal services

February 2015 The Law Council hosted a retreat for the Executive of the BIC, which included a seminar on business and human rights at Corrs given by a visiting executive member to meet Australians with a close association with the IBA.

March 2015 The Law Council participated in the IBA’s 4th Asia Pacific Regional Forum Conference: Borderless Asia in Singapore. Ms Nicoll chaired the IBA BIC working breakfast session and the Law Council President, Mr Duncan McConnel, was a speaker on the topic of international principles of conduct for the legal profession.

An organising committee was established to plan the second South Pacific Lawyers’ Conference to be held in Brisbane on 17-18 September 2015.

May 2015The Law Council was represented at the IBA’s 10th Annual Bar Leaders’ Conference and the IBA mid-year meetings in Prague by the Director International (as Chair of BIC) and Mr McConnel (who played a significant role, delivering a number of papers).

The President-elect spoke at the State Bar of California roundtable discussion exploring implications for cross-border practice between Australia and California.

ContinuousDevelopment of the Pacific Legal Profession Survey and the Development of Model Legal Professional Conduct Rules project to highlight the issues currently being faced by the South Pacific’s legal profession in the design of a set of model rules to provide the direction for solving these issues.


ADVOCACY The Law Council advocates on behalf of the legal profession in a number of ways including appearing at hearings, making submissions and engaging with media and other stakeholders.

Key issues addressed during the year included:

• Uniform Law commenced in NSW and Victoria, following many years of work. The Law Council also formed the Uniform Law Rules;

• Diversity – Two workshops were held where the nationally agreed Diversity and Equality Charter was adopted;

• National security – Advised on the Counter-terrorism Legislation Amendment (Foreign Fighters) Bill 2014 and appeared before a parliamentary hearing; Advised on the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015 and appeared before a parliamentary hearing; Advised on the Independent National Security Legislation Monitor’s (INSLM) Section 35p of the ASIO Act and appeared before an INSLM hearing; Advised on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015 and appeared before the two parliamentary hearings;

• Criminal Law – Launched the Law Council’s policy position and discussion paper on mandatory sentencing; Advised on the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 and appeared before a parliamentary hearing; Advised on the mandatory sentencing penalties in the Crimes Legislation Amendment (Psychoactive Substances) Bill 2014; Advised on the parliamentary inquiry into the jurisdiction of the Australian Commission for Law Enforcement Integrity;

• Immigration issues – Advised on establishment of the Australian Border Force and secrecy provisions; Advised on use of force in immigration detention centres and appeared before a parliamentary hearing; Adoption of asylum seeker policy by Directors; Advised on Migration Caseload Bill and appeared before a parliamentary hearing; Kendal Review recommendation to end dual regulation of migration lawyers, which was endorsement by Government; Submission on the conditions and circumstances in Nauru;

• Integrity – Advised on the powers of the Australian Crime Commission to conduct examinations and the Law Enforcement Integrity Commissioner to conduct hearings;

• Future of the legal profession – Establishment of the Legal Profession Futures Committee and associated research;

• Rights and freedoms – ALRC Freedoms Inquiry submission;

• Access to justice funding Budget submission;

• Child sexual abuse – Royal Commission into Institutional Responses to Child Sexual Abuse civil litigation and redress submission and appearance;

• Trafficking – participation in National Roundtable on Human Trafficking and Slavery and Senior Officials Meeting;

• Human Rights – submission to the Universal Periodic Review of Australia’s human rights and submissions on draft government reports on the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of all Forms of Racial Discrimination.

SubmissionsThe Law Council made 170 submissions to government during 2014-15. For the full list of submissions, see page 30.

Area of law 2012-13 2013-14 2014-15

Business law 48 48 75Family law 1 None

recorded6

Legal policy 23 12 16Federal litigation & dispute resolution

6 4 4

International law 5 9 5Domestic policy 45 40 64Total 128 113 170

Law Council of Australia submissions by financial year(Also see chart of page 47, Financials)

Hansard mentionsIn 2014-15, the Law Council was mentioned in Hansard 117 instances. This is much higher than in recent years.

Political party 2012-13 2013-14 2014-15

Coalition 52 4 16ALP 8 3 44Green 1 4 49Independent 1 0 8Total 62 11 117

Hansard mentions of Law Council by financial year

This table shows that the Law Council is more likely to be cited by the political party in opposition than the party in power.

http://www.lawcouncil.asn.au/lawcouncil/index.php/current-issues/legal-uniform-professional-law-consultation

http://www.legalservicescouncil.org.au/Pages/uniform-rules/uniform-rules.aspx

http://www.lawcouncil.asn.au/lawcouncil/index.php/current-issues/diversity-and-inclusion

http://www.lawcouncil.asn.au/lawcouncil/images/2969_-__Final_Submission_Border_Force_Bills_2015.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/2967_-_Good_Order_Bill.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/a-z-docs/AsylumSeeker_Policy_web.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/docs-2800-2899/2898_-_Migration_and_Maritime_Powers_Legislation_Amendment_Resolving_the_Asylum_Legacy_Caseload_Bill_2014.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/1519_--_Removal_of_dual_regulation_for_migration_lawyers_applauded.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/1519_--_Removal_of_dual_regulation_for_migration_lawyers_applauded.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/3013_-_S-_LCA_submission_LELAP_Bill_2015.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/2950-_ALRC_Traditional_Rights_and_Freedoms.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/LCA-PDF/docs-2900-2999/2905_-_2015-16_Federal_Budget.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/2955-_LCA_Submission_Royal_Commission_Consultation_Paper_Redress_amd_Civil_Litigation.pdf

http://www.lawcouncil.asn.au/lawcouncil/index.php/law-council-media/news/459-overseas-mission-seeks-to-help-combat-human-trafficking


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Q3-4 2012 Q1-2 2013 Q3-4 2013 Q1-2 2014 Q3-4 2014 Q1-2 2015

Coalition 44 8 2 2 5 11ALP 3 5 1 2 8 36Green 0 1 0 4 26 23Independent 0 1 0 0 5 3Total 47 15 3 8 44 73

Hansard mentions of Law Council by half-years (Government in blue, Opposition in yellow)

HearingsIn 2014-15, the Law Council appeared at the Royal Commission into Institutional Responses to Child Sexual Abuse on 3 April 2015 and at the Independent National Security Legislation Monitor on s35P of the ASIO Act on 27 April 2015. Additionally, the Law Council appeared at 17 Parliamentary Committee public hearings: the Policy Division appeared at 11; the Business Law Section appeared at three; the International Law Section appeared at two; and the Legal Practice Section appeared at one.

COMMUNICATIONS

PublicationsThe Law Council’s periodical publications are The Review and Profile

The Review: The Law Council’s flagship quarterly publication has an email distribution of 37,643 across Australia and readership of 1882.

Profile: Monthly email updates on Law Council activities with an email distribution 37,643.

Fact sheets

In 2014-15, the Law Council produced the following fact sheets:

• Practice of foreign law – country fact sheets

• 4th Legal and related services export survey – key findings

• National Attrition and Re-engagement Survey fact sheets

• National e-conveyancing fact sheet

• Section 35p fact sheet

• Cost of legal assistance funding cuts fact sheet

• Change the Record postcards.

Profile newsletter

Fact sheets

http://www.lawcouncil.asn.au/lawcouncil/index.php/12-resources/243-country-fact-sheets

http://www.lawcouncil.asn.au/lawcouncil/images/Legal_Export_InfographicV3.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/Legal_Export_InfographicV3.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/NARS_FactSheet_Complete_FINAL.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/NARS_FactSheet_Complete_FINAL.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/NECS.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/2015_02_23_Section_35P_factsheet_web.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/Legal_Assistance_Infographic_final_web.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/Change_the_Record_web.pdf


Media engagement

• Security vs freedom: tipping the balance on data retention, Law Institute Journal, January-February 2015 edition;

• Implications of national security reform, Bulletin ( journal of the Law Society of South Australia), February 2015 edition;

• Electronic conveyancing for South Australians, Bulletin, April 2015 edition;

• Indigenous imprisonment: A new approach, Law Institute Journal, April 2015 edition;

• The legacy of Magna Carta in Australia, Bulletin, June 2015 edition;

• How much justice can we afford?, Law Institute Journal, June 2015 edition;

• Magna Carta remains a symbol of liberty and justice 800 years later, New Jersey Lawyer Magazine, June 2015 edition.

Top topics

Issues generating the most media coverage were:

• National security legislation and terrorism laws (118 mentions);

• Family law issues ( 81 mentions);

• Equal opportunity (22 mentions).

Social media

The Law Council’s Twitter handle is: @thelawcouncil

As at 30 June 2015, the Law Council had 1500 Twitter followers.

During 2014-15, 1345 tweets were posted. The top tweet was posted on 7 May 2015 and it had 3,692 views, 29 retweets and 97 interactions with users, meaning a 2.6 per cent engagement rate.

The Law Council also manages a Twitter account for the President. The Twitter handle is: @LCAPresident. In 2014-15, 90 Tweets were posted. As at 30 June 2014, the President’s Twitter account had 1238 followers.

Top Tweet by Law Council

Top Tweet by the Law Council President

Chart showing media attention this year is on page 46 of the financial section.

Opinion pieces

These articles were published in the media during 2014-15:

• Time for protection of children lost in the politics, Australian Financial Review, 14 May 2015;

• Amend data retention laws to keep lawyer-client confidentiality, The Australian, 20 March 2015;

2012-13 2013-14 2014-15

54

30

63

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and

stat

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Law Council media releases and statements from 2012 to 2015.

http://www.afr.com/business/legal/time-for-protection-of-children-lost-in-the-politics-20150513-gh1506


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Law Council TV – Youtube

The Law Council has its own YouTube channel where short videos are posted. The average length of videos is around two minutes. The total time spent viewing videos on Law Council TV during 2014-15 was 1,588 minutes. Law Council TV is at: YouTube.com

AWARDS AND EVENTSThe Law Council Secretariat hosted the following events and award ceremonies in the financial year 2014-2015:

• Presidents Dinner, including the presentation of the 2014 President’s Medal, 28 November 2014;

• 2014 Australian Young Lawyer Awards and National Golden Gavel presented by the Law Council of Australia’s Young Lawyer Committee in association with the ACT Young Lawyers Committee on 12 September 2014 at Parliament House, Canberra;

• John Koorwarta Scholarship awarded at the Directors’ Dinner, 13 March 2015;

• Access to Justice conference.

SponsorshipsIn the financial year 2014-2015, the Law Council sponsored/endorsed the following activities:

• Northern Territory Bar Association 2014 Conference, Dili, East Timor, 10-12 July 2014;

• Australian Human Rights Commission’s Forgotten Freedoms consultation and Free Speech Symposium, 7 August 2014;

• American Bar Association’s Section of International Law Fall Meeting, 21-25 October 2014;

• 2014 Human Rights Awards – Law Award, presented 10 December 2014;

• Global Law Summit session, 24 February 2015;

• American Bar Association 2015 Asia Forum, 2-3 March 2015;

• Queensland Law Society Symposium, 20-21 March 2015.

The Law Council also made contributions to the following publications and resources:

• Magna Carta: The foundation of freedom 1215-2015 with a foreword from the 2015 Law Council President;

• Australian Law Students’ Association Judges’ Associates Guide;

• Australasian Legal Information Institute (AustLII).

IT REDEVELOPMENTThe Law Council continued its IT redevelopment during 2014-2015. A new IT platform was established and a new membership database was launched on 18 June 2015. Work continues on the upgrade of the events management system and a new website will be launched in 2016.

Above: The Law Council President presents the John Koorwarta Scholarship to Ms Alison Boland and Ms Tamara Kenny; above right: The Law Council Secretary-General awarded Thomas Spohr Australian Young Lawyer.

Previous Law Council President Michael Colbran with 2014 President Medal recipients; Geoffrey Eames AM QC and Raelene Webb QC.

https://www.youtube.com/channel/UCZH9IiTZvbWnshvjmgGy-4w

http://www.lawcouncil.asn.au/lawcouncil/index.php/about-the-law-council-of-australia/awards/presidents-medal

http://www.lawcouncil.asn.au/lawcouncil/index.php/about-the-law-council-of-australia/scholarships/john-koowarta-reconciliation-law-scholarship

http://ntba.asn.au/dili-conferences/2014-2/

http://ntba.asn.au/dili-conferences/2014-2/

https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/rights-responsibilities-2014

https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/rights-responsibilities-2014

https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/free-speech-2014

https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/free-speech-2014

https://hrawards.humanrights.gov.au/winners

http://globallawsummit.com/

http://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=134416811

http://www.lawcouncil.asn.au/lawcouncil/images/MC_book_order_form_A4updated.pdf

http://www.lawcouncil.asn.au/lawcouncil/images/MC_book_order_form_A4updated.pdf

http://static1.squarespace.com/static/55861728e4b0403b40cdba08/t/558654b9e4b0e8420449aadf/1434866873168/Judges%27+Associates%27+Guide+-+2015+Edition+%28Online%29+%281%29.pdf

http://static1.squarespace.com/static/55861728e4b0403b40cdba08/t/558654b9e4b0e8420449aadf/1434866873168/Judges%27+Associates%27+Guide+-+2015+Edition+%28Online%29+%281%29.pdf

https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQFjAAahUKEwj8zdv_l6PIAhUMJpQKHb8CDXI&url=http%3A%2F%2Fwww.austlii.edu.au%2F&usg=AFQjCNEW7QEWxo7nVP37SdT0gkd_zeuN8w&sig2=zVxIXsW15Z21LQdA2o5l-Q&bvm=bv.104317490,d.dGo


SUBMISSIONSTo read submissions, go to the Library on the Law Council website www.lawcouncil.asn.au

Date Lodged To Committee/Division Subject LCASection

2/07/2014 Productivity Commission Civil Justice Division Responses to questions on notice and other matters arising from hearings into Access to Justice Arrangements

LCA

2/07/2014 The Treasury SME Committee Australian Competition Policy Review

BLS

2/07/2014 The Treasury Insurance Law Group Exposure Draft Insurance Contracts Amendment Regulation 2014 (No 1)

LPS

2/07/2014 Senate Foreign Affairs, Defence and Trade Committee

Australian Environmental and Planning Law Group

Inquiry into Australia’s Future Activities and Responsibilities in the Southern Ocean and Antarctic Waters

LPS

3/07/2014 Senate Standing Committee on Environment and Communications

Australian Environment and Planning Group

Public Hearing 1/7/2014: Responses to questions on notice of the Inquiry into the Carbon Farming Initiative Amendment Bill 2014

LPS

4/07/2014 Royal Commission into Institutional Responses to Child Sexual Abuse

Human Rights and Criminal Law Division

Victims of Crime Compensation Schemes: Issues Paper 7

LCA

8/07/2014 Productivity Commission Civil Justice Division Inquiry into Childcare and Early Childhood Learning

LCA

24/07/2014 Inspector-General of Taxation Taxation Committee Inquiry into Tax Disputes BLS

24/07/2014 Australian Securities and Investments Commission

Corporations Committee Consultation Paper 220 - Fundraising: Facilitating Offers of CHESS Depositary Interests

BLS

26/07/2014 Minister for Finance and Acting Assistant Treasurer

Insolvency and Reconstruction Law Committee

Automatic Stays on Corporate Insolvency Events

BLS

26/07/2014 Minister for Finances and Acting Assistant Treasurer


Genuine steps under the Civil Dispute Act 2011 (‘the Act’) and winding up proceedings

BLS

28/07/2014 Attorney-General’s Department

Financial Services Committee, Insolvency and Reconstruction Law Committee and SME Business Law Committee

Statutory Review of the Personal Property Securities Act 2009 (Cth)

BLS

http://www.lawcouncil.asn.au


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1/08/2014 Department of Immigration and Border Protection

Civil Justice Division and Migration Law Committee

Independent review of the Office of the Migration Agents Registration Authority

LCA/ILS

4/08/2014 Senate Legal and Constitutional Affairs Committee

National Criminal Law Committee

Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014

LCA

4/08/2014 Parliamentary Secretary to the Prime Minister and Department of Industry

Customs and International Transactions Committee

Enhanced Project By-Law Scheme

BLS

4/08/2014 Senate Committee on Legal and Constitutional Affairs


Migration Amendment (Protection Obligations and Other Measures) Bill 2014

LCA

5/08/2014 The Treasury Competition and Consumer Committee

Extending Unfair Contract Term Protections to Small Businesses

BLS

5/08/2014 The Treasury SME Committee Extending Unfair Contract Term Protections to Small Businesses

BLS

6/08/2014 Parliamentary Joint Committee on Intelligence and Security


National Security Legislation Amendment Bill (No.1) 2014

LCA

11/08/2014 Australian Law Reform Commission

Civil Justice Division ALRC Inquiry into Legal Barriers for People with Disability

LCA

15/08/2014 The Treasury SME Committee Australian Competition Policy Review

BLS

15/08/2014 Foreign Affairs, Defence and Trade Legislation Committee

International Law Section Inquiry into the Trade and Foreign Investment (Protecting the Public Interest) Bill 2014

ILS

20/08/2014 Senate Finance and Public Administration Committee

Family Law Section Inquiry into Domestic Violence in Australia

FLS

26/08/2014 Financial Services Inquiry Corporations Committee Disclosure Regulation and Sanctions Submission to Financial System Inquiry

BLS

26/08/2014 Financial System Inquiry Secretariat

Superannuation Committee

Financial System Inquiry Second Round Submission

LPS

28/08/2014 Federal Court of Australia Insolvency and Reconstruction Law Committee

Proposed Amendments to the Federal Court (Bankruptcy) Rules 2005 and Federal Circuit Court (Bankruptcy) Rules 2006

BLS

Submissions continued...




Intellectual Property Committee

Online Copyright Infringement Discussion Paper - Submission

BLS

4/09/2014 Senate Economics References Committee

Australian Property Law Group

Inquiry into the need for a National Approach to Retail Leasing Arrangements

LPS

5/09/2014 Attorney-General’s Department and Minister for Communications

Media and Communications Committee

Online Copyright Infringement Discussion Paper - Submission

BLS

12/09/2014 The Treasury SME Committee Submission in relation to ‘Improving Commercial Relationships in the Food and Grocery Sector’ and the draft grocery code of conduct

BLS

26/09/2014 Property Exchange Australia Limited

National Electronic Conveyancing System Working Group

Draft PEXA Participation Agreement

LCA

10/09/2014 Senate Committee on Legal and Constitutional Affairs


Migration Amendment (Protection Obligations and Other Measures) Bill 2014 - Supplementary Submission

LCA



Counter-terrorism Legislation Amendment (Foreign Fighters) Bill 2014

LCA



Counter-terrorism Legislation Amendment (Foreign Fighters) Bill 2014 - Supplementary Submission

LCA


Corporations Committee Consultation Paper 222 (Reducing red tape: Proposed amendments to the market integrity rules)

BLS

17/10/2014 Investment Managers and Superannuation


Proposed Class Order: Schedule 10 Technical Amendments

LPS

22/10/2014 The Treasury Corporations Committee Exposure Draft of the Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014

BLS



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22/10/2014 Minister for Finance Corporations Committee Exposure Draft of the Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014

BLS

22/10/2014 Personal and Retirement Income Division, The Treasury


Tax and Superannuation Laws Amendment (2014 Measures No. 7) Bill 2014: Providing certainty for superannuation fund mergers

LPS

27/10/2014 The Treasury Superannuation Committee

Tax and Superannuation Laws Amendment (2014 Measures No. 7) Bill 2014: Excess Non-Concessional Superannuation Contributions Tax Reforms

LPS

27/10/2014 Victorian Department of Justice

Alternative Dispute Resolution Committee

Consultation on the Definition of ‘Court’ in the Commercial Arbitration Acts

FLDRS


Migration Law Committee Skilled Migration and 400 Series Visa Programmes Discussion Paper

ILS

31/10/2014 IP Australia Intellectual Property Committee

Consultation Paper: Review of the Plant Breeder’s Rights Advisory Committee

BLS

5/11/2014 Senate Legal and Constitutional Affairs Legislation Committee


Inquiry into the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014

LCA



Inquiry into the Migration Guardian for Unaccompanied Children Bill 2014

LCA


Insolvency and Reconstructions Committee and Corporations Committee

ASIC Consultation Paper 223 (Relief for externally administered companies and registered schemes being wound up)

BLS

7/11/2014 Senate Standing Committee on Legal and Constitutional Affairs


Migration Amendment (Character and General Visa Cancellation) Bill 2014

LCA






Inquiry into the Australian Citizenship and Other Legislation Amendment Bill 2014

LCA

7/11/2014 Department of Industry Civil Justice Division Skilled Occupations List 2015-16

LCA


Financial Services, Insolvency and Reconstruction Law and the SME Business Law Committees

Statutory Review of the Personal Property Securities Act 2009 (Cth) – response to consultation paper No. 1

BLS


Civil Justice Inquiry into the Freedom of Information Amendment (New Arrangements) Bill 2014

LCA



Counter-Terrorism Legislation Amendment Bill (No. 1) 2014

LCA


Financial Services, Insolvency and Reconstruction Law and the SME Business Law Committees

Statutory Review of the Personal Property Securities Act 2009 (Cth) - Response to Consultation Paper No. 2

BLS

14/11/2014 House of Representatives Standing Committee on Social Policy and Legal Affairs

Family Law Section Parliamentary Inquiry into the Child Support Program - Mediation and Counselling in Child Support Matters

FLS

18/11/2014 The Treasury Civil Justice Division 2015-16 Federal Budget LCA



Inquiry into the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014

LCA


The right of an exclusive licensee to sue for infringement under the Designs Act 2003 and the Plant Breeders Rights Act 1994

BLS

24/11/2014 The Treasury Competition and Consumer Committee

Competition Policy Review Draft Report

BLS

24/11/2014 The Treasury Intellectual Property Committee

Submission in response to the Competition Policy Review Draft Report

BLS

24/11/2014 The Treasury SME Committee Competition Policy Review Draft Report

BLS



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28/11/2014 House of Representatives Standing Committee on Agriculture and Industry

International Law Section, Trade and Business Committee

Inquiry into Australia’s Anti-Circumvention Framework in relation to Anti-Dumping Measures

ILS

3/12/2014 Corporations and Schemes Unit, The Treasury

Corporations Committee Treasury Post-Implementation Review of Regulation: litigation funders’ Corporations Act obligations

BLS

3/12/2014 Federal Court of Australia Competition and Consumer Committee, Corporations Law Committee, Insolvency and Reconstruction Law Committee, Intellectual Property Law Committee and Taxation Law Committee

National Court Framework BLS

5/12/2014 The Treasury Taxation Committee Non-final witholding tax on transactions involving taxable Australian property Discussion Paper - October 2014

BLS




BLS

10/12/2014 Austrac: Director, Rules Unit Regulatory Policy and Research

Austrac: Industry Contribution: Second stakeholder consultation discussion paper

LCA

12/12/2014 Department of the Prime Minister and Cabinet

Foreign investment Review Board Working Party

Agricultural Competitiveness Green Paper

BLS

15/12/2014 The Treasury Corporations Committee Exposure Draft: Corporations Legislation Amendment (Remuneration Disclosures) Regulation Bill 2014

BLS




BLS

22/12/2014 Insurance Commission of Western Australia

Civil Justice Division Green Paper - No Fault Catastrophic Injury Cover

LCA





Migration Law Committee Complying Investment Framework for the Significant Investor Visa (SIV) and Premium Investor Visa (PIV) programmes.

ILS

19/01/2015 Commissioner for Uniform Legal Services Regulation

Regulatory Policy and Research

Legal Profession Uniform General Rules 2014 under the Legal Profession Uniform Law

LCA


Criminal Law Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014

LCA

20/01/2015 Senate Standing Committees on Economics

Corporations Committee Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014

BLS

22/01/2015 Senate Standing Committee on Rural and Regional Affairs and Transport

Criminal Law Airport and Aviation Security Inquiry

LCA

23/01/2015 The Commissioner, Australian Law Reform Commission

Civil Justice Review of the Native Title Act 1993 (Cth)

LCA

23/01/2015 Advisory Council on Intellectual Property, Secretariat


ACIP Review of the Design System Options Paper

BLS

27/01/2015 Senate Standing Committees on Environment and Communications

Human Rights Inquiry into the enhancing online safety for children Bill 2014

LCA

28/01/2015 Senate Legal Affairs and Constitutional Affairs Legislation Committee

Criminal Law Inquiry into the Independent National Security Legislation Monitor (Improved Oversight and Resourcing) Bill 2014

LCA

30/01/2015 Senate Standing Committee on Rural and Regional Affairs and Transport

Criminal Law Biosecurity Bill 2014 LCA

4/02/2015 Admissions Committee Regulatory Policy and Research

Proposed Admission Rules under the Legal Profession Uniform Law

LCA

6/02/2015 The Treasury, Law Design Practice

Taxation Committee Tax and Superannuation Laws Amendment Bill 2015: Improvements to the Taxation of Employee Share Schemes

BLS

6/02/2015 Financial System and Services Division, The Treasury

The Small and Medium Enterprise Business Law Committee

Submission on ‘Crowd-sourced Equity Funding’

BLS



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Corporations Committee Crowd-sourced Equity Funding - Discussion Paper - December 2014

BLS


Criminal Law Supplementary Submission – Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014

LCA


Criminal Law Supplementary Submission – Comprehensive Revision of the Telecommunications (Interception and Access) Act 1979

LCA

20/02/2015 Business Set-up, Transfer and Closure, Productivity Commission

Business Law Section Submission on aspects of the Productivity Commission’s Issues Paper - Business Set-up, Transfer and Closure December 2014 (Issues Paper)

BLS

23/02/2015 Trade, Customs and Industry Policy Division, Australian Customs and Border Protection Service

Customs and International Transactions Committee

Exposure Draft to replace Customs Regulations 1926

BLS

27/02/2015 Agent-Client Privilege Intellectual Property Committee

USPTO Roundtable re Agent Client Privilege – Update

BLS

2/03/2015 Investment Managers and Superannuation


Review of Regulatory Guide 97: Disclosing fees and costs in PDSs and periodic statements

LPS

4/03/2015 Committee Secretary, Senate Standing Committees on Economics, The Senate

Corporations Committee Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014

BLS

5/03/2015 Australian Registrars’ National Electronic Conveyancing Council

National Electronic Conveyancing System Working Group

Model Participation Rules Version 3

LCA

5/03/2015 The Secretary, Foreign Affairs, Defence and Trade Committee Department of the Senate

International Division The Commonwealth’s Treaty-Making Process

ILS



Consultation Paper 227 Disclosure and reporting requirements for superannuation trustees: s29QC

LPS




13/03/2015 Committee Secretary, Senate Economics Legislation Committee

SME Committee Senate Inquiry into the Competition and Consumer Act 2010 — Competition and Consumer (Industry Codes – Food and Grocery) Regulation 2015

BLS

18/03/2015 Committee Secretary, Senate Standing Committee on Rural and Regional Affairs and Transport


Criminal Code Amendment (Animal Protection) Bill 2015

LCA


Human Rights Redress and Civil Litigation: Consultation Paper

LCA

20/03/2015 International Investment and Trade Unit, Foreign Investment and Trade Policy Division

Foreign Investment Committee

Strengthening the Foreign Investment Framework.

BLS

20/03/2015 AUSTRAC Regulatory Policy and Research

Draft Guidance Note 15/01; Key Terms Used in ‘Politically Exposed Person’ Definition

LCA

20/03/2015 Business Set Up, Transfer and Closure, Productivity Commission


Business Set Up, Transfer and Closure

BLS

23/03/2015 Australian Law Reform Commission

Civil Justice Traditional Rights and Freedoms — Encroachments by Commonwealth Laws

LCA

23/03/2015 Office of the High Commissioner for Human Rights

Human Rights Submission to the Second, Universal Periodic Review of Australia

LCA

24/03/2015 Law Admissions Consultative Committee

Law Admissions Consultative Committee

Review of Academic Requirements for Admission to the Legal Profession

LCA


Corporations Committee Review of Academic Requirements for Admission to the Legal Profession

BLS

27/03/2015 Workplace Relations Inquiry, Productivity Commission

Industrial Law Committee Workplace Relations Framework 2015

FLDRS


Law Admissions Consultative Committee

Review of Academic Requirements for Admission to the Legal Profession

FLS

2/04/2015 Chief Executive Officer, Legal Services Council

Regulatory Policy and Research

Legal Profession Uniform Law – Uniform Rules

LCA



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2/04/2015 House of Representatives Regulatory Policy and Research

Anti-Money Laundering LCA


Criminal Law Australian Border Force Bills 2015

LCA

10/04/2015 Small Business Ombudsman and Programmes Unit, Small Business, Competition and Consumer Policy Division, The Treasury

SME Committee Australian Small Business and Family Enterprise Ombudsman Bill 2015

BLS


IP Australia’s Proposals to Streamline IP processes and support small business

BLS



Financial System Inquiry Final Report and Recommendations

LPS


Criminal Law Migration Amendment (Strengthening Biometrics Integrity) Bill 2015

LCA

13/04/2015 Committee Secretary, Senate Legal and Constitutional Affairs Legislation Committee

Human Rights Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015

LCA

14/04/2015 The Treasury Corporations Committee Final Report of the Financial System Inquiry

BLS


Human Rights Supplementary Submission on Redress and Civil Litigation Issues

LCA

15/04/2015 Director, Takeovers Panel Corporations Committee Response to Consultation Papers on remedies and reviewing decisions

BLS

20/04/2015 Acting Independent National Security Legislation Monitor

Criminal Law Inquiry into Section 35P of the ASIO Act

LCA

20/04/2015 Lawyer, Corporations Australian Securities and Investments Commission

Corporations Committee Consultation Paper 228, Collective Action by investors: Update to RG 128

BLS

21/04/2015 Regulatory and Public Policy, ASX Limited

Corporations Committee Response to ASX Consultation Paper, Facilitating Dual Listings by NZ Companies

BLS



Copyright Amendment (Online Infringement) Bill 2015

BLS





Criminal Law Supplementary submission : Migration Amendment (Strengthening Biometrics Integrity) Bill 2015

LCA

23/04/2015 Senate Standing Committees on Economics

Federal Circuit Court Liaison Committee

Insolvency in the Australian construction industry

FLDRS

28/04/2015 Corporate and International Tax Division, The Treasury

Taxation Institute A New Tax System for Managed Investment Trusts – Exposure Draft

BLS

28/04/2015 Australian Taxation Office, Public Groups and International

Taxation Committee The meaning of control within section 102N of the Income Tax Assessment Act 1936

BLS

28/04/2015 The Treasury Civil Justice NIIS – Workplace Accidents Consultation Regulatory Impact Statement

LCA

1/05/2015 AML/CTF Review Team, Financial Crime Attorney-General’s Department

Financial Services Committee

Statutory Review of the Anti-Money Laundering and Counter-Terrorism Financing Act (Cth) 2006. Response to live issues document for banking/finance sector

BLS

4/05/2015 Committee Secretary Senate Legal and Constitutional Affairs Committee

Human Rights Question on Notice: Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015 Hearings

LCA

5/05/2015 Acting Independent National Security Legislation Monitor

Criminal Law Inquiry into Section 35P of the ASIO Act

LCA

7/05/2015 Committee Secretary, Senate Legal and Constitutional Affairs Legislation Committee

Criminal Law Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

LCA

12/05/2015 Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru

Human Rights Submission to Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru

LCA

12/05/2015 Committee Secretary Senate Education and Employment Committees

Civil Justice Safety, Rehabilitation and Compensation Amendment (Improving the Comcare Scheme) Bill 2015

LCA



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12/05/2015 Committee Secretary Senate Legal and Constitutional Affairs

Criminal Law Crimes Legislation Amendment (Powers Offences and other Measures) Bill 2015 supplementary submission

LCA

12/05/2015 Consumer Policy Framework Unit, Small Business Competition and Consumer Policy Division, The Treasury

SME Committee Draft Legislation for Extending Unfair Contract Term Protections to Small Businesses

BLS

12/05/2015 Consumer Policy Framework Unit, Small Business Competition and Consumer Policy Division, The Treasury

Competition and Consumer Committee

Extending Unfair Contract Term Protections to Small Businesses – Exposure Draft

BLS

13/05/2015 Attorney‐General’s Department

Family Law Council Families with Complex Needs and the Intersection of the Family Law and Child Protection Systems

FLS

15/05/2015 Small Business, Competition and Consumer Policy Division, The Treasury


Submission in Response to the Competition Policy Review Final Report

BLS

15/05/2015 Senator the Hon George Brandis QC, Attorney-General and Minister for the Arts, Parliament House


Trans-Pacific Partnership Agreement

BLS

15/05/2015 ASX Compliance Pty Ltd Corporations Committee Response to ASX Consultation Paper. Proposed changes to Guidance Note 8

BLS


Consumer Law Committee and APLG

Exposure draft of the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015

LPS

19/05/2015 Senate Finance and Public Administration Committees

Civil Justice Commonwealth Indigenous Advancement Strategy Tendering Processes

LCA

19/05/2015 Consultant to Community Services and Health Industry Skills Council

Community Services and Health Industry Skills Council

Review of Family Dispute Resolution Practitioner Qualifications

FLS

20/05/2015 Senate Finance and Public Administration Committees

Civil Justice Inquiry into Aboriginal and Torres Strait Islander Experiences of Law Enforcement and Justice Services

LCA

22/05/2015 The Treasury Taxation Committee CGT treatment of earnout arrangements – Exposure draft

BLS




27/05/2015 Senate Education and Employment References Committee

Migration Law Committee The impact of Australia’s temporary work visa programs on the Australian labour market and on temporary work visa holders

LPS

29/05/2015 Committee Secretary,Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity

Criminal Law Inquiry into the jurisdiction of ACLEI

LCA

27/05/2015 Minister for Foreign Affairs Human Rights Consultation Process on CERD and ICESCR Draft Reports

LCA


SME Committee Competition Policy Review – Final Report

BLS

29/05/2015 Small Business, Competition and Consumer Policy Division The Treasury

Competition and Consumer Committee

Competition Policy Review Final Report

BLS

1/06/2015 The Treasury Taxation Committee Re-think: Tax Discussion Paper

BLS

1/06/2015 Tax White Paper Task Force The Treasury


Re:think: Tax discussion paper

LPS


Criminal Law Second Supplementary submission: Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

LCA

1/06/2015 The Treasury SMS Business Law Committee

Re-think: Tax Discussion paper, Small business – Chapter 6

BLS

3/06/15 Australian Services Exports, Productivity Commission

Australian Services Exports, Productivity Commission

Productivity Commission issues paper Barriers to Services Exports

LCA


National Criminal Law Committee

Law Enforcement Legislation Amendment (Powers) Bill 2015

LCA

5/06/2015 Committee Secretary House of Representatives Standing Committee on the Environment

Australian Environment and Planning Law Group

Register of Environmental Organisations

LPS

10/06/2015 The Secretary Australian Bankers’ Association


Responsiveness of Financial Institutions to Notices under section 77C of the Bankruptcy Act 1966

BLS



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10/06/2015 Law Design Practice, The Treasury

Taxation Committee Exposure Draft Tax Laws Amendment (Tax Integrity Multinational Anti-avoidance Law) Bill 2015 (Cth)

BLS

16/06/2015 The State Solicitor Corporations Committee and the Insolvency and Reconstruction Law Committee

Bell Group of Companies (Finalisation of Matters and Distributions of Proceeds) Bill 2015

BLS

16/06/2015 Her Majesty’s Revenue and Customs Pension Scheme Services


Qualifying Recognised Overseas Pension Schemes

LPS

19/06/2015 Attorney General’s Dept Attorney General’s Dept Civil Law and Justice Legislation Amendment Bill 2015 – Exposure draft

FLS

23/06/2015 Department of Foreign Affairs and Trade

Law Society QLD, Law Society NSW and Law Council’s National Human Rights Committee

Consultation Draft on Australia’s Fifth Report under the International Covenant on Economic, Social and Cultural Rights

LCA

23/06/2015 Department of Foreign Affairs and Trade

NSW Bar Association; the Law Institute of Vic; Law Society NSW; Law Society SA; Law Society QLD; the Law Council’s National Human Rights Committee; and the Law Council’s indigenous Legal Issues Committee.

Consultation Draft on Australia’s Combined 18th, 19th and 20th Reports under the Convention on the Elimination of All Forms of Racial Discrimination

LCA

23/06/2015 Shadow Minister for Immigration and Border Protection

Migration Law Committee Migration Amendment (2015 Measure No 1) Regulations 2015 (F2015L00351)

FLDRS

24/06/2015 Patents Consultation Group, IP Australia


Exclusive Licensees under the Patents Act

BLS

30/06/2015 Australian Registrars National Electronic Conveyancing Council

National Electronic Conveyancing System Committee and the Law Society NSW Property Law Committee

Model Participation Rules Version 3F

LCA

LCA = Law Council of Australia

LPS = Legal Policy Section

BLS = Business Law Section

ILS = International Law Section

FLDRS = Federal Litigation & Dispute Resolution Section

FLS = Family Law Section



45 Directors

46 Company Secretary

46 Principal activities

46 State of affairs

46 Strategic Plan 2015-2020

47 Review and result of operations

48 Events subsequent to balance date

48 Likely developments

48 Information on Directors

49 Meetings of Directors

50 Incorporation

50 Auditor’s independence declaration

50 Directors’ declaration

51 Independent Auditor’s report

53 Statement of comprehensive income

54 Statement of financial position

55 Statement of changes in equity

56 Statement of cash flows

57 Notes to the financial statements

FINANCIAL REPORT for the year ended 30 June 2015

Law Council of Australia Limited

ABN 85 005 260 622

CONTENTS


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DIRECTORSThe names of the each person who has been a Director during the year and to the date of this report are:

Directors who are Members of the ExecutiveDuncan McConnel

Stuart Clark AM

Fiona McLeod SC

Morry Bailes

Michael Colbran QC Resigned 31 December 2014

Leanne Topfer Resigned 31 December 2014

Justin Dowd Resigned 31 December 2014

Christopher Kendall Resigned 26 June 2015

Ian Brown Resigned 27 June 2015

Constituent Body appointed Directors Jennifer Batrouney QC

Geoff Bowyer Appointed 31 December 2014

David Caruso Appointed 3 February 2015

John Dobson

Shane Doyle QC Appointed 21 August 2014

Michael Fitzgerald Appointed 1 January 2015

Shane Gill Appointed 18 September 2014

William Griffiths

Andrew Harris QC Appointed 17 November 2014

Martin Hockridge

Tass Liveris Appointed 29 October 2014

Nicholas McBride Appointed 29 May 2015

Bruce McTaggart SC

Arthur Moses SC Appointed 25 June 2014

Elizabeth Needham Appointed 25 August 2015

Benjamin O’Loughlin Appointed 11 May 2015

Peter Quinlan SC

Peggy Cheong Resigned 29 October 2014

Konrad de Kerloy Resigned 3 January 2015

Matthew Keogh Appointed 3 January 2015 and resigned 25 August 2015

Patrick Garcia Appointed 1 January 2015 and resigned 1 May 2015

John Lawrence SC Resigned 25 November 2014

Patrick O’Sullivan QC Resigned 17 November 2014

Gregory Stretton SC Resigned 18 September 2014

Reynah Tang Resigned 31 December 2014

Alistair Wyvill SC Appointed 18 November 2014 and resigned 3 April 2015

Constituent Body appointed Alternate DirectorsDeborah Awyzio Alternate for Michael Fitzgerald

March 2015

Geoff Diehm QC Alternate for Shane Doyle QC September 2014, November 2014 and March 2015

Chistopher Gunson Alternate for Bruce McTaggart SC September 2014, November 2014, March 2015 and June 2015

Alternate for Peter Quinlan SC November 2014

Alternate for Shane Gill June 2015

Bronwyn Haack Alternate to Ben O’Loughlin June 2015

Andrew Harris QC Alternate for Patrick O’Sullivan QC September 2014

Matthew Keogh Alternate for Konrad de Kerloy November 2014

Geoffrey McCarthy Alternate for Shane Gill November 2014

Robyn Martin Alternate for Shane Doyle QC June 2015

Your Directors present this report on the Law Council of Australia Limited (“Law Council”) for the financial year ended 30 June 2015.


Bryan Meagher SC Alternate for Greg Stretton SC September 2014

Benjamin O’Loughlin Alternate for Alistair Wyvill SC March 2015

Philip Selth OAM Alternate for Arthur Moses SC June 2015

Hylton Quail Alternate for Peter Quinlan SC September 2014, March 2015 and June 2015

Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.

COMPANY SECRETARYJulie Lean is the Company Secretary of the Law Council and has been in this position during the year and to the date of this report. Julie Lean is a Certified Practising Accountant and manages the finance and corporate services functions of the company.

PRINCIPAL ACTIVITIESThe principal activities of the Law Council during the year were to:

• Act as the peak body that represents and promotes the Australian legal profession at both a national and international level

• Promote the rule of law, the administration of justice, access to justice and general improvements to the law.

STATE OF AFFAIRSThere were no significant changes in the state of affairs of the Law Council during the financial year.

STRATEGIC PLAN 2015-2020The Directors of the Law Council approved the Law Council’s Strategic Plan on 6 September 2014. The Strategic Plan sets out the Law Council’s Strategic Pillars as being:

• To lead the Australian legal profession on national and international issues

• To promote, protect and defend the rule of law, and individual rights and freedoms

• To promote, protect and defend the interests of the members of the Australian legal profession

• To promote the development of good laws, appropriate law reform and the administration of justice.

The critical success factors to enable the Law Council to achieve its Strategic Pillars are:

• A productive and effective relationship with Constituent Bodies

• Recognition as the peak body representing the Australian legal profession and the practice of law

• Productive and effective relationships with governments and with national regulators

• Beneficial relationships with international legal profession organisations and regulators

• Effective and efficient administration and operations.


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REVIEW AND RESULT OF OPERATIONSThe profit for the financial year was $364,000 (2014: $847,480).

The operations of the Law Council during the financial year included:

• Promoting the interests of the legal profession by making submissions, giving evidence to Parliamentary Committee Inquiries and commenting on a range of Commonwealth reports and Bills, especially legislation directly impacting the profession. A key example is the implementation of Legal Profession Uniform Law in NSW and Victoria

• Advocating on a variety of national and international civil justice, human rights, criminal law and other key issues

• Conducting and continuing a number of strategic campaigns including the National Attrition and Re-engagement Study promoting diversity and equality in the legal profession, and a campaign to raise awareness on indigenous imprisonment

• Servicing Law Council Section members by providing a range of membership services and benefits. These include holding conferences and

workshops that provide continuing professional development and professional networking opportunities

• Sponsoring awards, competitions and events including the Law Council’s own awards. Examples include the John Koowarta Scholarship, the President’s Medal and various Section awards and scholarships.

Corporate outputsFurther indicators of corporate outputs include:

• Submissions to the Commonwealth Government and other interested parties on a diverse range of matters

• Communication activities that publicise the Law Council’s initiatives and the work of the profession.

The volume of these outputs is graphically represented below.

Risk managementThe Law Council has a Risk Management Policy which is continually assessed by management, the corporate governance Committees and the Board.


EVENTS SUBSEQUENT TO BALANCE DATENo matter or circumstance has arisen since the end of the financial year to the date of this report which has significantly affected or may significantly affect the operations of the Law Council, the results of those operations or the state of affairs of the Law Council in subsequent years.

LIKELY DEVELOPMENTSThe 2015-2020 Strategic Plan will focus the Law Council’s strategy and operations to enable the organisation to achieve both its vision of a strong and respected Australian legal profession and its mission to be the leading voice of the Australian legal profession.

INFORMATION ON DIRECTORSNote: In the interest of brevity, detailed information regarding Directors has been limited to the current Board Executive.

Board ExecutiveDuncan McConnel BA LLB Executive Member, Director since 2008, previously a President of the Law Society of the Northern Territory

Stuart Clark AM BA LLB (Hons) FAICD Executive Member, Director since 2011, previously a Chair of the Large Law Firm Group (now known as Law Firms Australia)

Fiona McLeod SC BA LLB MPub&IntLaw Executive Member, Director since 2009, previously a Chair of the Victorian Bar

Morry Bailes LLB Executive Member, Director since 2013, previously a President of the Law Society of South Australia

Constituent Body appointed DirectorsJennifer Batrouney QC LLB (Hons) BComm

Geoff Bowyer LLB BComm

David Caruso BA LLB (Hons)

John Dobson DipL FAICD

Shane Doyle QC BCL LLB (Hons) BEcon

Michael Fitzgerald LLB (Hons) GAICD

Shane Gill LLB

William Griffiths LLB

Andrew Harris QC LLB

Martin Hockridge BA LLB

Tass Liveris BA LLB

Nicholas McBride BEcon MEcon LLB

Bruce McTaggart SC LLB

Arthur Moses SC BAB DipL

Elizabeth Needham BA (Jur), LLB, LLM

Benjamin O’Loughlin LLB BEcon

Peter Quinlan SC BComm LLB


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MEETINGS OF DIRECTORSDuring the financial year, four meetings of Directors were held. Attendances by each Director during the year were as follows:

Director Number of meetings eligible to attend

Number of meetings attended

Meetings attended by alternate

Duncan McConnel 4 4Stuart Clark AM 4 4Fiona McLeod SC 4 4Morry Bailes 4 4Jennifer Batrouney QC 4 4Geoff Bowyer 2 1David Caruso 2 2John Dobson 4 4Shane Doyle QC 4 - September, November 2014 and March 2015

meetings attended by alternate director, Geoff Diehm QC

June 2015 meeting attended by alternate director, Robyn Martin

Michael Fitzgerald 2 1 March 2015 meeting attended by alternate director, Deborah Awyzio

Shane Gill 3 1 November 2014 meeting attended by alternate director, Geoffrey McCarthy

June 2015 meeting attended by alternate director, Christopher Gunson

Bill Griffiths 4 4Andrew Harris QC 3 2Martin Hockridge 4 4Matthew Keogh 2 2Tass Liveris 3 3Nicholas McBride 1 1Bruce McTaggart SC 4 - September 2014, November 2014, March 2015

and June 2015 meetings attended by alternate director, Christopher Gunson

Arthur Moses SC 4 3 June 2015 meeting attended by Philip Selth OAMBenjamin O’Loughlin 1 - June 2015 meeting attended by Bronwyn HaackPeter Quinlan SC 4 - September 2014, March 2015 and June 2015

meetings attended by alternate director, Hylton Quail

November 2014 meeting attended by alternate director, Christopher Gunson

Michael Colbran 2 2Justin Dowd 2 2Leanne Topfer 2 2Christopher Kendall 3 3Ian Brown 3 3Peggy Cheong 1 1Konrad de Kerloy 2 1 November 2014 meeting attended by alternate

director, Matthew KeoghPatrick Garcia 1 1John Lawrence SC 1 1Patrick O’Sullivan QC 1 - September 2014 meeting attended by alternate

director, Andrew Harris QCGregory Stretton SC 1 - September 2014 meeting attended by alternate

director, Bryan Meagher SCReynah Tang 2 2Alistair Wyvill SC 2 - March 2015 meeting attended by alternate

director, Benjamin O’Loughlin


INCORPORATIONThe entity is incorporated under the Corporations Act 2001 and is a company limited by guarantee. If the entity is wound up, the Company’s Constitution states that each of the 17 constituent members are required to contribute a maximum of $10 each towards meeting any outstanding obligations of the company. At 30 June 2015, the total amount that members of the company are liable to contribute if the company is wound up is $170 (2014: $170).

AUDITOR’S INDEPENDENCE DECLARATIONThe Lead Auditor’s independence declaration for the year ended 30 June 2015 has been received and can be found on page xx of the Financial Report.

Signed in accordance with a resolution of the Board of Directors.

Duncan McConnel Director and President

Dated:

Fiona McLeod SC Director and Treasurer

Dated: 19 September 2015

DIRECTORS’ DECLARATIONThe Directors of the Company declare that:

1. the financial statements and notes, as set out on pages 17 to 36, are in accordance with the Corporations Act 2001 and the Corporations Regulations 2001 and:

(a) comply with Australian Accounting Standards – Reduced Disclosure Requirements; and

(b) give a true and fair view of the financial position as at 30 June 2015 and of the performance for the year ended on that date of the Company;

2. in the Directors’ opinion there are reasonable grounds to believe that the Company will be able to pay its debts as and when they become due and payable.

This declaration is made in accordance with a resolution of the Board of Directors.

On behalf of the Directors

Duncan McConnel Director and President


Fiona McLeod SC Director and Treasurer



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INDEPENDENT AUDITOR’S REPORT

A member firm of Ernst & Young Global LimitedLiability limited by a scheme approved under Professional Standards Legislation

Ernst & Young121 Marcus Clarke StreetCanberra ACT 2600 AustraliaGPO Box 281 Canberra ACT 2601

Tel: +61 2 6267 3888Fax: +61 2 6246 1500ey.com/au

Independent auditor's report to the members of Law Council of AustraliaLimited

We have audited the accompanying financial report of Law Council of Australia Limited, which comprisesthe statement of financial position as at 30 June 2015, the statement of comprehensive income,statement of changes in equity and statement of cash flows for the year then ended, notes comprising asummary of significant accounting policies and other explanatory information, and the directors'declaration.

Directors' responsibility for the financial report

The directors of the company are responsible for the preparation of the financial report that gives a trueand fair view in accordance with Australian Accounting Standards – Reduced Disclosure Requirementsand the Corporations Act 2001 and for such internal controls as the directors determine are necessary toenable the preparation of the financial report that is free from material misstatement, whether due tofraud or error.

Auditor's responsibility

Our responsibility is to express an opinion on the financial report based on our audit. We conducted ouraudit in accordance with Australian Auditing Standards. Those standards require that we comply withrelevant ethical requirements relating to audit engagements and plan and perform the audit to obtainreasonable assurance about whether the financial report is free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures inthe financial report. The procedures selected depend on the auditor's judgment, including the assessmentof the risks of material misstatement of the financial report, whether due to fraud or error. In makingthose risk assessments, the auditor considers internal controls relevant to the entity's preparation of thefinancial report that gives a true and fair view in order to design audit procedures that are appropriate inthe circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity'sinternal controls. An audit also includes evaluating the appropriateness of accounting policies used andthe reasonableness of accounting estimates made by the directors, as well as evaluating the overallpresentation of the financial report.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis forour audit opinion.

Independence

In conducting our audit we have complied with the independence requirements of the Corporations Act2001. We have given to the directors of the company a written Auditor’s Independence Declaration.


INDEPENDENT AUDITOR’S REPORT

A member firm of Ernst & Young Global LimitedLiability limited by a scheme approved under Professional Standards Legislation

OpinionIn our opinion the financial report of Law Council of Australia Limited is in accordance with theCorporations Act 2001, including:

(a) giving a true and fair view of the financial position of Law Council of Australia Limited as at 30June 2015 and of its performance for the year ended on that date; and

(b) complying with Australian Accounting Standards – Reduced Disclosure Requirements and theCorporations Regulations 2001.

Ernst & Young

Ben TansleyPartnerCanberra2 October 2015


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STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2015

Note 2015$

2014$

Revenue 2(a) 8,550,323 8,240,367

Other income 2(b) 422,455 982,033

Employee benefits expense (4,087,232) (3,801,367)

Travel expense (1,672,212) (1,348,802)

Conferences and meetings expense (750,059) (844,151)

Consultants expense (352,907) (252,113)

President’s expense (295,961) (292,734)

Premises expense (266,045) (243,983)

Publications and public affairs expense (236,215) (249,967)

Depreciation and amortisation expense 3 (90,773) (178,187)

Grants and special projects expense (40,775) (358,788)

Fixed assets written off 3 (1,841) (20,126)

Bad debts expense 3 - (7,327)

Interest paid (30) (22)

Other expenses (814,728) (777,352)

Profit before income tax 364,000 847,480

Income tax expense 4 - -

Profit for the year 364,000 847,480

Other comprehensive income not subsequently reclassified to profit or loss

Decrement on revaluation of non-current assets - (165,088)

Other comprehensive income for the year, net of tax - (165,088)

Total comprehensive income for the year

Profit attributable to members of the company 364,000 682,392

Total comprehensive income attributable to members of the company

364,000 682,392

The accompanying notes form part of these financial statements.


STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2015

Note 2015

$

2014

$

ASSETS

CURRENT ASSETS

Cash and cash equivalents 5 2,287,384 2,278,444

Held-to-maturity financial assets 6(a) 4,918,313 4,936,228

Trade receivables 7(a) 52,338 168,195

Other receivables 7(b) 57,509 221,839

Prepayments 318,453 401,498

TOTAL CURRENT ASSETS 7,633,997 8,006,204

NON-CURRENT ASSETS

Held-to-maturity financial assets 6(b) 10,450 20,907

Intangible assets 8 213,126 -

Property, plant and equipment 9 2,028,031 2,078,022

TOTAL NON-CURRENT ASSETS 2,251,607 2,098,929

TOTAL ASSETS 9,885,604 10,105,133

LIABILITIES

CURRENT LIABILITIES

Trade payables 276,955 308,826

Other payables 10 819,504 1,351,496

Provisions 11 683,713 689,725

TOTAL CURRENT LIABILITIES 1,780,172 2,350,047

NON-CURRENT LIABILITIES

Provisions 11 - 13,654

TOTAL NON-CURRENT LIABILITIES - 13,654

TOTAL LIABILITIES 1,780,172 2,363,701

NET ASSETS 8,105,432 7,741,432

EQUITY

Reserves 12 4,693,976 4,693,976

Retained earnings 3,411,456 3,047,456

TOTAL EQUITY 8,105,432 7,741,432



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STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2015

Note 2015$

2014$

CASH FLOWS FROM OPERATING ACTIVITIES

Receipts from members and organisations 8,997,784 8,678,253

Payments to suppliers and employees (9,016,647) (8,501,338)

Interest received 255,180 274,701

Net cash generated from operating activities 236,317 451,616

CASH FLOWS FROM INVESTING ACTIVITIES

Purchase of property, plant and equipment (42,623) (80,521)

Development expenditures (213,126) -

Proceeds/(purchase) of investments 28,372 (1,889,480)

Net cash (used in) investing activities (227,377) (1,970,001)

Net increase/(decrease) in cash held 8,940 (1,518,385)

Cash and cash equivalents at the beginning of the financial year 2,278,444 3,796,829

Cash and cash equivalents at the end of the financial year 5 2,287,384 2,278,444



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The financial statements cover Law Council of Australia Limited as an individual entity, incorporated and domiciled in Australia. Law Council of Australia Limited is a company limited by guarantee.

The Law Council of Australia Limited is a “not-for-profit” entity.

NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Basis of preparationThe financial statements are general purpose financial statements that have been prepared in accordance with Australian Accounting Standards – Reduced Disclosure Requirements, other authoritative pronouncements of the Australian Accounting Standards Board, and the Corporations Act 2001. The financial statements were authorised for issue on 19 September 2015 by the directors of the Company.

Historical cost convention

The financial statements have been prepared under the historical cost convention, modified by the revaluation of selected non-current assets, financial assets and financial liabilities for which the fair value basis of accounting has been applied.

The following is a summary of the material accounting policies adopted by the Company in the preparation of financial statements. Unless otherwise stated, the accounting policies adopted are consistent with those of the previous year.

The financial report is presented in Australian dollars and all values are rounded to the nearest dollar ($) unless otherwise stated.

Changes in accounting policy, new and amended accounting standards and interpretationsThere were no changes in accounting policies, new and amended standards and interpretations during this financial year.

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2015

Accounting standards and interpretations issued but not yet effectiveThe Company has reviewed new accounting standards and interpretations that will be applicable to the next financial year. The Company is confident that the new standards and interpretations will not materially affect its financial report and the Company will be able to comply with all relevant accounting standards to meet its financial reporting obligations.

RevenueRevenue is measured at the fair value of the consideration received or receivable. Amounts disclosed as revenue are net of returns, trade allowances, rebates and amounts collected on behalf of third parties.

The Company recognises revenue when the amount of revenue can be reliably measured, it is probable that future economic benefits will flow to the Company and specific criteria have been met for each of the Company’s activities as described below. The Company bases its estimates on historical results, taking into consideration the type of customer, the type of transaction and the specifics of each arrangement.

Revenue is recognised for major business activities as follows:

Revenue from capitation fees is recognised when received, with reference to the period of the capitation fees, or when the right to receive payment is established.

Revenue from membership fees is determined when received, with reference to the period of the membership, or when the right to receive payment is established.

Grant revenue is recognised in the Statement of Comprehensive Income when it is controlled. When there are conditions attached to grant revenue relating to the use of those grants for specific purposes it is recognised in the Statement of Financial Position as a liability until such conditions are met or services provided.

Revenue from services to members and constituent bodies is recognised when the service is delivered.

Interest revenue is recognised using the effective interest rate method, which, for floating rate financial assets, is the rate inherent in the instrument.

All revenue is stated net of the amount of goods and services tax (“GST”).


Cash and cash equivalentsCash and cash equivalents include cash on hand, deposits held at call with banks, other short-term highly liquid investments with original maturities of three months or less.

For the purposes of the Statement of Cash Flows, cash and cash equivalents consist of cash and cash equivalents as defined above.

Trade and other receivablesTrade and other receivables include amounts due from members as well as amounts receivable from customers for goods sold in the ordinary course of business. Receivables expected to be collected within 12 months of the end of the reporting period are classified as current assets. All other receivables are classified as non-current assets.

Accounts receivable are initially recognised at fair value and subsequently measured at amortised cost using the effective interest rate method, less any provision for impairment.

Collectability of trade and other receivables is reviewed on an ongoing basis. Individual debts which are known to be uncollectible are written off when identified by reducing the carrying amount directly. An allowance account (provision for impairment of trade receivables) is used when there is objective evidence that the Company will not be able to collect the receivable. Significant financial difficulties of the debtor, probability that the debtor will enter bankruptcy or financial reorganisation, and default or delinquency in payments are considered indicators that the trade receivable is impaired. The amount of the impairment allowance is the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at the original effective interest rate. Cash flows relating to short-term receivables are not discounted if the effect of the discounting is immaterial.

The amount of the impairment loss is recognised in profit or loss within other expenses. When a trade receivable for which an impairment allowance had been recognised becomes uncollectible in a subsequent year, it is written off against the allowance account. Subsequent recoveries of amounts previously written off are credited against other expenses in profit and loss.

Property, plant and equipmentEach class of property, plant and equipment is carried at cost or fair value as indicated less, where applicable, any accumulated depreciation and impairment losses.

Property

Leasehold land and buildings are shown at their fair value based on periodic, but at least triennial, valuations by external independent valuers, less subsequent depreciation for buildings.

Subsequent costs are included in the asset’s carrying amount or recognised as a separate asset as appropriate, only when it is probable that future economic benefits associated with the item will flow to the Company and the cost of the item can be estimated reliably. All other costs (e.g. repairs and maintenance) are charged to the statement of comprehensive income during the financial year in which they are incurred.

Increases in the carrying amount arising on revaluation of land and buildings are credited to a revaluation reserve and recognised in other comprehensive income. Decreases that offset previous increases of the same assets are charged against fair value reserves and recognised in other comprehensive income. All other decreases are charged to profit and loss.

As the revalued buildings are depreciated, the difference between depreciation recognised in the statement of comprehensive income, which is based on the revalued carrying amount of the asset, and the depreciation based on the asset’s original cost, is transferred from the revaluation reserve to retained earnings.

Any accumulated depreciation at the date of the revaluation is eliminated against the gross carrying amount of the asset and the net amount is restated to the revalued amount of the asset.

Plant and equipment

Plant and equipment are measured on the cost basis less accumulated depreciation and any accumulated impairment losses.

Subsequent costs are included in the asset’s carrying amount or recognised as a separate asset as appropriate, only when it probable that future economic benefits associated with the item will flow to the Company and the cost of the item can be estimated reliably. All other costs (e.g. repairs and maintenance) are charged to the statement of comprehensive income during the financial year in which they are incurred.


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Depreciation

The depreciable amount of all fixed assets including buildings, but excluding leasehold land, is depreciated on a straight-line basis over the asset’s useful life to the Company commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.

The depreciation rates used for each class of depreciable assets are:

Class of fixed asset Depreciation rate

Building 4%

Leasehold Improvements 33%

Plant and equipment 5% to 100%

The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting period.

Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains and losses are included in the statement of comprehensive income. When revalued assets are sold, amounts included in the revaluation reserve relating to that asset are transferred to retained earnings.

Intangible assetsIntangible assets acquired separately are measured on initial recognition at cost. Following initial recognition, intangible assets are carried at cost less any accumulated amortisation and accumulated impairment losses. Internally generated intangibles, excluding capitalised development costs, are not capitalised and the related expenditure is reflected as profit or loss in the period in which the expenditure is incurred.

The useful lives of intangible assets are assessed as either finite or infinite.

Intangible assets with finite lives are amortised over the useful economic life and assessed for impairment whenever there is an indication that the intangible asset may be impaired. The amortisation period and the amortisation method for an intangible asset with a finite useful life are reviewed at least at the end of each reporting period. Changes in the expected useful life or the expected pattern of consumption of future economic benefits embodied in the asset are considered to modify the amortisation period or month, as appropriate, and are treated as changes in accounting estimates. The amortisation expense on intangible assets with finite lives is recognised in the statement of profit and loss as the expense category that is consistent with the function of the intangible assets.

Intangible assets with indefinite useful lives are not amortised, but are tested for impairment annually, either individually or at the cash-generating unit level. The assessment of indefinite life is reviewed annually to determine whether the indefinite life continues to be supportable. If not, the change in useful life from indefinite to finite is made on a prospective basis.

Gains or losses arising from de-recognition of an intangible asset are measured as the difference between the net disposal proceeds and the carrying amount of the asset and are recognised in the statement of profit and loss when the asset is de-recognised.

Development of membership website

Development expenditures on an individual project are recognised as an intangible asset when the company can demonstrate:

The technical feasibility of completing the intangible asset so that the asset will be available for us or sale

• Its intention to complete and its ability to use or sell the asset

• How the asset will generate future economic benefits

• The availability of resources to complete the asset

• The ability to measure reliably the expenditure during development

• The ability to use the intangible asset generated

The development cost of the membership website is finite at three years and is amortised on a straight-line basis over the period of expected future membership renewals. It is internally generated and came into operation on 18 June 2015, which is when the membership website went live.


Impairment of non-financial assetsAt each reporting date the company reviews the carrying values of its non-financial assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is compared to the asset’s carrying value. Any excess of the asset’s carrying value over its recoverable amount is recognised in profit or loss.

Where the future economic benefits of the asset are not primarily dependent upon the asset’s ability to generate cash inflows and when the company would, if deprived of the asset, replace its remaining future economic benefits, value in use is determined as the depreciated replacement cost of an asset.

Where it is not possible to estimate the recoverable amount of an asset’s class, the company estimates the recoverable amount of the cash-generating unit to which the class of assets belong.

Financial instrumentsInitial recognition and measurement

Financial assets and financial liabilities are recognised when the Company becomes a party to the contractual provisions of the instrument. For financial assets, this is equivalent to the date that the Company commits itself to either purchase or sell the asset (i.e. trade date accounting is adopted). Financial instruments are initially measured at fair value plus transactions costs, except where the instrument is classified at ‘fair value through profit or loss’ in which case transaction costs are expenses to the profit or loss immediately.

Classification and subsequent measurement

Held-to-maturity investments are non-derivative financial assets that have fixed maturities and fixed or determinable payments, and it is the company’s intention to hold these investments to maturity. They are subsequently measured at amortised cost using the effective interest method.

Held-to-maturity investments are included in non-current assets, except for whose which are expected to mature within 12 months after the end of the reporting period.

The effective interest method is used to allocate interest income or interest expense over the relevant period and is equivalent to the rate that exactly discounts estimated future cash payments or receipts (including fees, transaction costs and other premiums or discounts) through the expected life (or when this cannot be reliably predicted, the

contractual term) of the financial instrument to the net carrying amount of the financial asset or financial liability.

Financial liabilities

Non-derivative financial liabilities (excluding financial guarantees) are subsequently measured at amortised cost.

Impairment

At the end of each reporting period, the Company assesses whether there is objective evidence that a financial instrument has been impaired. Impairment losses are recognised in the statement of comprehensive income. Also, any cumulative decline in fair value previously recognised in other comprehensive income is reclassified to profit or loss at this point.

De-recognition

Financial assets are derecognised where the contractual rights to receipt of cash flows expires or the asset is transferred to another party whereby the entity no longer has any significant involvement in the risks and benefits associated with the asset. Financial liabilities are derecognised where the related obligations are either discharged, cancelled or expired. The difference between the carrying value of the financial liability extinguished or transferred to another party and the fair value of consideration paid, including the transfer of non-cash assets or liabilities assumed, is recognised in profit or loss.

Trade and other payablesTrade and other payables represent the liability outstanding at the end of the reporting period for goods and services received by the Company during the reporting period which remain unpaid. The balance is recognised as a current liability with the amounts normally paid within 30 days of recognition of the liability.

ProvisionsProvisions are recognised when the Company has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably measured. Provisions recognised represent the best estimate of the amounts required to settle the obligation at the end of the reporting period.


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Employee benefitsProvision is made for the company’s liability for employee benefits arising from services rendered by employees to the end of the reporting period. Employee benefits that are expected to be settled within one year have been measured at the amounts expected to be paid when the liability is settled. Employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits.

In determining the liability, consideration is given to employee wage increases and the probability that the employee may not satisfy vesting requirements. Those cash outflows are discounted using market yields on national government bonds with terms to maturity that match the expected timing of cash flows.

Contributions are made by the company to an employee superannuation fund are charged as expenses when incurred.

LeasesLease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses on a straight-line basis over the lease term.

Unexpended grantsThe Company receives grant income to fund projects either for a contracted period of time or for specific projects irrespective of the period of time required to complete those projects. It is the policy of the Company to treat grant monies as unexpended grants in the Statement of Financial Position where the Company is contractually obliged to provide the services in a subsequent financial year to when the grant is received or in the case of specific project grants where the project has not been completed.

Goods and Services Tax (GST)Revenue, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office (ATO). In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of the expense. Receivables and payables in the Statement of Financial Position are shown inclusive of GST. The net amount of GST recoverable from, or payable to, the ATO is included with other receivables or payables in the statement of financial position.

Cash flows are presented in the Statement of Cash Flows on a gross basis, except for the GST component of investing and financing activities, which are disclosed as operating cash flows.

Income taxThe charge for current income tax expense is based on the profit for the year adjusted for any non-assessable or disallowed items. It is calculated using the tax rates that have been enacted or are substantially enacted by the end of the reporting year. Under the concept of mutuality, the Company is only assessed for income tax on the portion of income derived from non-members and other external sources.

Deferred tax is accounted for using the balance sheet liability method in respect of temporary differences arising between the tax bases of assets and liabilities and their carrying amounts in the financial statements. No deferred income tax will be recognised from the initial recognition of an asset or liability, excluding a business combination, where there is no effect on accounting or taxable profit or loss.

Deferred tax is calculated at the tax rates that are expected to apply to the year when the asset is realised or liability is settled. Deferred tax is credited in the Statement of Comprehensive Income except where it relates to items that may be credited directly to equity, in which case the deferred tax is adjusted directly against equity.

Deferred income tax assets are recognised to the extent that it is probable that future tax profits will be available against which deductible temporary differences can be utilised.

The amount of benefits brought to account or which may be realised in the future is based on the assumption that no adverse change will occur in income tax legislation and the anticipation that the Company will derive sufficient assessable income to enable the benefit to be realised and comply with the conditions of deductibility imposed by the law.

Comparative figuresWhen required by Accounting Standards, comparative figures have been adjusted to conform to changes in presentation for the current financial year.


Critical accounting estimates and judgmentsThe preparation of financial statements requires the use of certain critical accounting estimates. It also requires management to exercise its judgement in the process of applying the Company’s accounting policies. The directors evaluate estimates and judgments incorporated into the financial report based on historical knowledge and best available current information. Estimates assume a reasonable expectation of future events and are based on current trends and economic data, obtained both externally and internally. The areas involving a higher degree of judgement or complexity or areas where assumptions and estimates are significant to the financial statements are:

Key estimates

Impairment

The company assesses impairment at each reporting date by evaluating conditions specific to the company that may lead be indicative of impairment triggers. Recoverable amounts of the assets are reassessed using value-in-use calculations which incorporate various key assumptions.

Land and building valuation

The company carries the land and buildings at a valued amount. The company relies on the valuation of a certified practising valuer, Jones Lang LaSalle made on 30 June 2014.

The Directors reviewed the key assumptions made by the valuer at 30 June 2015. They have concluded that these assumptions remain materially unchanged, and are satisfied that carrying value does not exceed the recoverable amount of land and buildings at 30 June 2015.

Economic dependenceLaw Council of Australia Limited is dependent on the Constituent Bodies for the majority of its revenue used to operate the business. At the date of this report the Board of Directors has no reason to believe the Constituent Bodies will not continue to support Law Council of Australia Limited.


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NOTE 2 REVENUE AND OTHER INCOME

2015

$

2014

$

(a) Revenue

Capitation and section membership fees 6,704,557 6,692,238

Conferences, seminars and workshops 1,845,766 1,548,129

Total revenue 8,550,323 8,240,367

(b) Other income

Interest income 247,562 274,701

Other 134,118 167,144

Grant revenue 40,775 540,188

Total other income 422,455 982,033

Total revenue and other income 8,972,778 9,222,400

NOTE 3 EXPENSES

2015

$

2014

$

Expenses

Bad debts expense - 7,327

Rental expense on operating leases – minimum lease payments 102,963 86,765

Depreciation and amortisation:

- land and buildings 25,000 31,275

- improvements 5,813 5,785

- plant and equipment 59,960 141,127

Total depreciation and amortisation 90,773 178,187

Fixed assets written off 1,841 20,126

Movement in provisions – employee entitlements (6,012) 79,938

Auditor remuneration:

- audit services 38,500 37,000


NOTE 4 INCOME TAX EXPENSE

2015

$

2014

$

(a) The components of (unrecognised) tax expense comprise:

Current tax - (57,761)

Deferred tax - (26,196)

Current year tax expense (unrecognised) - (83,957)

Prior year adjustment to current tax (13,987) -

Tax expenses (unrecognised) (13,987) (83,957)

(b) The prima facie tax on profit from ordinary activities before income tax is reconciled to (unrecognised) income tax expense as follows:

Prima facie tax payable on profit from ordinary activities before income tax at 30% (2014: 30%) 109,199 254,244

Add tax effect of:

- Non-deductible expenses 38,248 85,300

- Member related non-deductible expenses 2,130,535 1,971,925

2,277,982 2,311,469

Less tax effect of:

- Other deductible items (191) -

- Member related non-assessable income (2,259,547) (2,395,426)

-Prior year tax losses utilised (10,932) -

-Other (7,312) -

Income tax attributable to company - (83,957)

The applicable weighted average effective tax rates 30% 30%

(c) Tax losses not bought to account

The following deferred tax assets in relation to carry forward tax losses have not been brought to account:

Deferred tax assets relating to tax losses (unrecognised) 1,505,234 1,502,180


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NOTE 5 CASH AND CASH EQUIVALENTS

2015

$

2014

$

Cash at bank 2,281,808 2,273,689

Cash on hand 5,576 4,755

Total cash and cash equivalents 2,287,384 2,278,444

NOTE 6 HELD-TO-MATURITY FINANCIAL ASSETS

2015

$

2014

$

(a) CURRENT

Rental bond 20,917 -

Other held-to-maturity financial assets 4,897,396 4,936,228

Total current held-to-maturity financial assets 4,918,313 4,936,228

2015

$

2014

$

(b) NON-CURRENT

Rental bond 10,450 20,907

Total non-current held-to-maturity financial assets 10,450 20,907


NOTE 7 TRADE AND OTHER RECEIVABLES

2015

$

2014

$

(a) CURRENT

Trade receivables 52,338 168,195

Provision for impairment - -

Total trade receivables 52,338 168,195

2015

$

2014

$

(b) CURRENT

Other receivables 57,509 221,839

Total other receivables 57,509 221,839

Provision for impairment of receivablesCurrent trade receivables are generally on 30 day terms. These receivables are assessed for recoverability and a provision for impairment is recognised when there is objective evidence that an individual trade receivable is impaired. These amounts have been included in other expense items.

Movement in the provision for impairment of receivables is as follows:

Provision for impairment as at 30 June 2013 -

Charge for the year 7,327

Written off (7,327)

Unused amount reversed -


Charge for the year -

Written off -

Unused amount reversed -


The company does not hold any financial assets whose terms have been renegotiated, but which would otherwise be past due or impaired.

There are no balances within trade receivables that contain assets that are not impaired and are past due. It is expected that these balances will be received when due.


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NOTE 8 INTANGIBLE ASSETS

Total

$

Opening balance at 1 July 2014 -

Additions 213,126

Amortisation -

Balance at 30 June 2015 / Net book value 213,126

Acquisition during the yearThe development cost of the membership website is finite at 3 years and is amortised on a straight-line basis over the period of expected future membership renewals. It is internally generated and came into operation on 18 June 2015, which is when the membership website went live.

As at 30 June 2015, these assets were tested for impairment.

NOTE 9 PROPERTY, PLANT AND EQUIPMENTMovements in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year:

Leasehold Land

Buildings Leasehold Improvements

Plant and Equipment

Total

$ $ $ $ $

Balance 30 June 2014 900,000 1,000,000 13,830 164,193 2,078,023

Additions - - 16,769 25,854 39,623

Disposals - - - (1,841) (1,841)

Depreciation expense - (25,000) (5,813) (59,960) (90,773)

Balance 30 June 2015 900,000 975,000 24,786 128,245 2,028,031

Asset revaluationsThe company’s leasehold land and buildings were revalued at 30 June 2014 by an independent certified practising valuer. The valuation was made on the basis of open market value.

The Directors reviewed the key assumptions made by the valuer and concluded that these assumptions remain materially unchanged. The Directors were satisfied that carrying value does not exceed the recoverable amount of land and buildings at 30 June 2015.


NOTE 10 OTHER PAYABLES

2015

$

2014

$

CURRENT

Funds received in advance 456,543 940,189

Sundry payables and accrued expenses 203,520 215,811

Unexpended funds 122,882 163,657

Funds held for third parties 36,559 31,839

Total current other payables 819,504 1,351,496

NOTE 11 PROVISIONS

Provision for long service leave Total

$

Opening balance at 1 July 2014 304,974

Additional provisions raised during the year (10,437)

Balance at 30 June 2015 294,537

Analysis of total provisions 2015

$

2014

$

Current 683,713 689,725

Non-current - 13,654

Total provisions 683,713 703,379

Provision for long service leaveA provision has been recognised for employee entitlements relating to long service leave. In calculating the present value of future cash flows in respect of long service leave, the probability of long service leave being taken is based on historical data. The measurement and recognition criteria relating to employee benefits have been included in Note 1 to this report.


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NOTE 12 RESERVES

2015

$

2014

$

Asset revaluation reserve 613,621 613,621

Building reserve 21,000 21,000

Capital profits reserve 730,000 730,000

Contribution by members reserve 3,099,355 3,099,355

Group salary continuance plan insurance review reserve 28,000 28,000

Special projects reserve 202,000 202,000

Total reserves 4,693,976 4,693,976

Asset revaluation reserve

2015

$

2014

$

Opening balance at 1 July 613,621 778,709

Revaluation decrement - (165,088)

Balance as at 30 June 613,621 613,621

The asset revaluation reserve records revaluations of non-current assets, in particular the land and building assets.

The company’s leasehold land and buildings were revalued at 30 June 2014 by an independent certified practising valuer. The valuation was made on the basis of open market value and resulted in a revaluation decrement of $165,088 in prior year.

Building reserveThe building reserve records funds set aside for future building maintenance and repairs.

Capital profits reserve

The capital profits reserve records profits realised on the forgiveness of a liability.

Contribution by membersThe contribution by members reserve records the amount owed by the company to Law Council of Australia (“Law Council”), being the unincorporated association, for the activities which commenced in the company on July 2003. The amount owing was forgiven as the members of Law Council executed a declaration of trust that their membership interests in Law Council of Australia were held in trust for the company.

Group salary continuance plan insurance reserveThe company is self-insuring in respect of any valid claims under the Group Salary Continuance Plan for staff in relation to an extension of the waiting period under the insurance arrangements to 90 days while retaining a 30 day waiting period as set out in the Staff Handbook. The total of funds now allocated for this purpose is $28,000. The adequacy of the reserve is reviewed annually in light of claims experience and the assessed risk.

Special projects reserveThe special projects reserve records funds held aside for special projects.


NOTE 13 CAPITAL AND LEASING COMMITMENTS

2015

$

2014

$

Operating lease commitments

- Not later than 12 months 13,154 12,648

- Between 12 months and 5 years - -

Total 13,154 12,648

The current property lease is a non-cancellable lease with a one year term, with rent payable monthly in advance. This lease will terminate on 31 August 2015.

NOTE 14 KEY MANAGEMENT PERSONNEL COMPENSATION

2015

$

2014

$

Total compensation 1,195,490 1,011,006

NOTE 15 CONTINGENT LIABILITIES AND CONTINGENT ASSETSEstimates of the potential financial effect of contingent liabilities that may become payable:

Contingent liabilitiesThere are no known contingent liabilities.

Contingent assetsThere are no known contingent assets.

NOTE 16 RELATED PARTY TRANSACTIONS

Key management personnelAny person(s) having the authority and responsibility for planning, directing and controlling the activities of the company, directly or indirectly, including any director (whether executive or otherwise) is considered key management personnel.

Transactions between related parties are on normal commercial terms and conditions no more favourable than those available to other persons unless otherwise stated.

For key management personnel compensation refer to note 14.

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NOTE 17 EVENTS AFTER THE REPORTING PERIODOn 7 July 2015, the Company signed a commercial property lease agreement. The property lease is a non-cancellable lease with a two year term commencing 1 August 2015, with rent payable monthly in advance. Base rent is set at $3,167 per month. Total rent payable over the lease period is $70,473.

No other matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the company, the results of those operations, or the state of affairs of the company in future financial years.

NOTE 18 FAIR VALUE MEASUREMENT

Fair value measurement of non-financial assetsThe following table shows non-financial assets measured at fair value on a recurring basis at 30 June 2015:

30 June 2015 Total

$

Property, plant and equipment

- Leasehold land and buildings 1,900,000

Fair value of the company’s main property assets is estimated based on appraisals performed by independent, professionally qualified property valuers. The significant inputs and assumptions are developed in close consultation with management.

Further information is set out below.

Leasehold land and buildings (Level 2)The fair value of the leasehold land and buildings was determined using the sales comparison approach. The key inputs under this approach are the price per square metre from the current financial year sales of comparable leasehold land and buildings in the area. This has resulted is a Level 2 observable input assessment for the valuation of the leasehold land and buildings in accordance with the fair value measurement hierarchy.

NOTE 19 ASSETS AND LIABILITIES OF TRUST FOR WHICH THE COMPANY IS TRUSTEEThe company is the trustee of the John Koowarta Reconciliation Law Scholarship Trust Fund, which was established on 15 June 1994. The company has a right of indemnity from the Trust’s assets.

The Trust has underlying assets of $361,842 cash on deposit and no liabilities as at 30 June 2015 (2014: $359,138). The assets of the Trust are not directly available to meet any liabilities incurred by the company acting in its own right.


NOTE 20 COMPANY DETAILSThe registered office of the company and the principal place of business are:

Law Council of Australia Limited19 Torrens StreetBraddon ACT 2612

NOTE 21 MEMBERS’ GUARANTEEThe company is incorporated under the Corporations Act 2001 and is a company limited by guarantee. If the company is wound up, the constitution states that each member is required to contribute a maximum of $10 each towards meeting any outstanding obligations of the company. At 30 June 2015, the number of members was 17.


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AGD Attorney General’s Department

ASIO Australian Security and Intelligence Organisation

BIC Bar Issues Commission, International Bar Association

BLS Business Law Section of the Law Council

CAPPB Centre for Asia Pacific Pro Bono

CDP Continuing professional development

Constituent Bodies Organisations that comprise membership of the Law Council

DFAT Department of Foreign Affairs and Trade

FLDRS Federal Litigation and Dispute Resolution Section of the Law Council

FLS Family Law Section of the Law Council

FLS Family Law Section of the Law Council

IBA International Bar Association

ID International Division of the Law Council

Law Council Law Council of Australia Limited

LAWASIA The Law Association for Asia and the Pacific

MLC Migration Law Committee of the Law Council

PACLII Pacific Islands Legal Information Institute

SPLA South Pacific Lawyers’ Association

UTTA Uniform Torrens Title Act

WTO World Trade Organisation


ABBREVIATIONS

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The Law Council of Australia ANNUAL REPORTlca.lawcouncil.asn.au/lawcouncil/images/LC_Annual... ·...

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