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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
@thelawcouncil
@LCAPresident
Law Council TV
LAW COUNCIL OF AUSTRALIA LIMITED ANNUAL REPORT FOR THE 2014-15 FINANCIAL YEAR
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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
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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
8 Law Council of Australia Annual Report 2014-15
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
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‘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
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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.
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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.
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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
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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;
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• 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.
20 Law Council of Australia Annual Report 2014-15
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.
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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.
24 Law Council of Australia Annual Report 2014-15
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.
26 Law Council of Australia Annual Report 2014-15
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.
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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
28 Law Council of Australia Annual Report 2014-15
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;
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Law Council media releases and statements from 2012 to 2015.
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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.
30 Law Council of Australia Annual Report 2014-15
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
Insolvency and Reconstruction Law Committee
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
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Date Lodged To Committee/Division Subject LCASection
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
Human Rights and Criminal Law Division
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
Human Rights and Criminal Law Division
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...
32 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
3/09/2014 Attorney-General’s Department
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
Human Rights and Criminal Law Division
Migration Amendment (Protection Obligations and Other Measures) Bill 2014 - Supplementary Submission
LCA
3/10/2014 Parliamentary Joint Committee on Intelligence and Security
Human Rights and Criminal Law Division
Counter-terrorism Legislation Amendment (Foreign Fighters) Bill 2014
LCA
9/10/2014 Parliamentary Joint Committee on Intelligence and Security
Human Rights and Criminal Law Division
Counter-terrorism Legislation Amendment (Foreign Fighters) Bill 2014 - Supplementary Submission
LCA
10/10/2014 Australian Securities and Investments Commission
Corporations Committee Consultation Paper 222 (Reducing red tape: Proposed amendments to the market integrity rules)
BLS
17/10/2014 Investment Managers and Superannuation
Superannuation Committee
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
Submissions continued...
Law Council of Australia Annual Report 2014-15 33
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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
Superannuation Committee
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
29/10/2014 Department of Immigration and Border Protection
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
Human Rights and Criminal Law Division
Inquiry into the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014
LCA
5/11/2014 Senate Legal and Constitutional Affairs Legislation Committee
Human Rights and Criminal Law Division
Inquiry into the Migration Guardian for Unaccompanied Children Bill 2014
LCA
6/11/2014 Australian Securities and Investments Commission
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
Human Rights and Criminal Law Division
Migration Amendment (Character and General Visa Cancellation) Bill 2014
LCA
Submissions continued...
34 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
7/11/2014 Senate Legal and Constitutional Affairs Legislation Committee
Human Rights and Criminal Law Division
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
10/11/2014 Attorney-General’s Department
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
7/11/2014 Senate Legal and Constitutional Affairs Committee
Civil Justice Inquiry into the Freedom of Information Amendment (New Arrangements) Bill 2014
LCA
11/11/2014 Parliamentary Joint Committee on Intelligence and Security
Human Rights and Criminal Law Division
Counter-Terrorism Legislation Amendment Bill (No. 1) 2014
LCA
14/11/2014 Attorney-General’s Department
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
18/11/2014 Senate Legal and Constitutional Affairs Committee
Human Rights and Criminal Law Division
Inquiry into the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014
LCA
18/11/2014 IP Australia Intellectual Property Committee
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
Submissions continued...
Law Council of Australia Annual Report 2014-15 35
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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
9/12/2014 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) - Response to Consultation Paper No. 3
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
19/12/2014 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) - Response to Consultation Paper No. 4
BLS
22/12/2014 Insurance Commission of Western Australia
Civil Justice Division Green Paper - No Fault Catastrophic Injury Cover
LCA
Submissions continued...
36 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
5/01/2015 Department of Immigration and Border Protection
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
20/01/2015 Parliamentary Joint Committee on Intelligence and Security
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
Intellectual Property Committee
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
Submissions continued...
Law Council of Australia Annual Report 2014-15 37
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6/02/2015 Financial System and Services Division, The Treasury
Corporations Committee Crowd-sourced Equity Funding - Discussion Paper - December 2014
BLS
9/02/2015 Parliamentary Joint Committee on Intelligence and Security
Criminal Law Supplementary Submission – Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014
LCA
10/02/2015 Senate Legal and Constitutional Affairs Committee
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
Superannuation Committee
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
11/03/2015 Australian Securities and Investments Commission
Superannuation Committee
Consultation Paper 227 Disclosure and reporting requirements for superannuation trustees: s29QC
LPS
Submissions continued...
38 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
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
Human Rights and Criminal Law Division
Criminal Code Amendment (Animal Protection) Bill 2015
LCA
19/03/2015 Royal Commission into Institutional Responses to Child Sexual Abuse
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
Insolvency and Reconstruction Law Committee
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
25/03/2015 Law Admissions Consultative Committee
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
31/03/2015 Law Admissions Consultative Committee
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
Submissions continued...
Law Council of Australia Annual Report 2014-15 39
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2/04/2015 House of Representatives Regulatory Policy and Research
Anti-Money Laundering LCA
9/04/2015 Senate Legal and Constitutional Affairs Committee
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
10/04/2015 IP Australia Intellectual Property Committee
IP Australia’s Proposals to Streamline IP processes and support small business
BLS
10/04/2015 Financial System and Services Division, The Treasury
Superannuation Committee
Financial System Inquiry Final Report and Recommendations
LPS
10/04/2015 Senate Legal and Constitutional Affairs Committee
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
14/04/2015 Royal Commission into Institutional Responses to Child Sexual Abuse
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
21/04/2015 Senate Legal and Constitutional Affairs Committee
Intellectual Property Committee
Copyright Amendment (Online Infringement) Bill 2015
BLS
Submissions continued...
40 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
22/04/2015 Senate Legal and Constitutional Affairs Committee
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
Submissions continued...
Law Council of Australia Annual Report 2014-15 41
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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
Intellectual Property Committee
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
Intellectual Property Committee
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
18/05/2015 Small Business, Competition and Consumer Policy Division, The Treasury
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
Submissions continued...
42 Law Council of Australia Annual Report 2014-15
Date Lodged To Committee/Division Subject LCASection
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
29/05/2015 Small Business, Competition and Consumer Policy Division, The Treasury
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
Superannuation Committee
Re:think: Tax discussion paper
LPS
1/06/2015 Senate Legal and Constitutional Affairs Committee
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
4/06/2015 Senate Legal and Constitutional Affairs Committee
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
Insolvency and Reconstruction Law Committee
Responsiveness of Financial Institutions to Notices under section 77C of the Bankruptcy Act 1966
BLS
Submissions continued...
Law Council of Australia Annual Report 2014-15 43
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Date Lodged To Committee/Division Subject LCASection
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
Superannuation Committee
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
Intellectual Property Committee
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
Submissions continued...
44 Law Council of Australia Annual Report 2014-15
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
Law Council of Australia Annual Report 2014-15 45
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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.
46 Law Council of Australia Annual Report 2014-15
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.
Law Council of Australia Annual Report 2014-15 47
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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.
48 Law Council of Australia Annual Report 2014-15
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
50 Law Council of Australia Annual Report 2014-15
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
Dated: 19 September 2015
Fiona McLeod SC Director and Treasurer
Dated: 19 September 2015
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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.
52 Law Council of Australia Annual Report 2014-15
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.
54 Law Council of Australia Annual Report 2014-15
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
The accompanying notes form part of these financial statements.
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56 Law Council of Australia Annual Report 2014-15
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
The accompanying notes form part of these financial statements.
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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”).
58 Law Council of Australia Annual Report 2014-15
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.
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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.
62 Law Council of Australia Annual Report 2014-15
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
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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
66 Law Council of Australia Annual Report 2014-15
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 -
Provision for impairment as at 30 June 2014 -
Charge for the year -
Written off -
Unused amount reversed -
Provision for impairment as at 30 June 2015 -
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.
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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.
70 Law Council of Australia Annual Report 2014-15
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.
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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
Law Council of Australia Annual Report 2014-15 73
ABBREVIATIONS
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