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LIV Advocacy


Every Issue

Cite as: (2009) 83(04) LIJ, p.8


To represent the interests of members and the wider community, the LIV actively seeks to influence policy and legislation through lobbying and submissions to government, the courts and other bodies.

Court meetings

LIV president Danny Barlow and LIV CEO Mike Brett Young met with County Court Chief Judge Michael Rozenes to discuss the efficient working of the Court and the need for more judges to deal with increased workloads.

Separate meetings were also held with Supreme Court Justice Emilios Kyrou and Chief Magistrate Ian Gray.

The LIV hosted a regular meeting with Court CEOs where issues discussed included court delays, unrepresented litigants and the effects of the economic downturn on court Lists.

ESLA meeting

Mr Brett Young spoke to a meeting of the Eastern Suburbs Law Association about issues including technology for legal practices and how the LIV can support small and medium firms.

High Court welcome

Mr Barlow represented the LIV at the official welcome in Canberra for High Court Justice Virginia Bell.

LIV/Victorian Bar breakfast

Mr Barlow, Mr Brett Young and LIV Executive members Steven Stevens, Caroline Counsel, Michael Holcroft and Tony Burke attended this regular briefing with Victorian Bar chair John Digby QC, general manager Stephen Hare and others to discuss issues of mutual interest including LCA executive membership and lobbying for increased funding for legal aid.

National Party liaison meeting

As part of the LIV’s regular liaison with all political parties, Mr Barlow and Mr Brett Young met Victorian National Party leader Peter Ryan at Parliament House.

Supreme Court Commercial Court

Mr Barlow spoke on behalf of the profession at the ceremonial sitting for the Commercial Court. Victorian Supreme Court Chief Justice Marilyn Warren also spoke about increased demand for commercial hearings.

Top tier Law firms meeting

Mr Barlow, Mr Brett Young and Mr Stevens hosted a meeting with representatives from the large Law firms. The agenda included the national profession legislation, the deposit guarantee requirements for solicitors’ trust funds, anti-money laundering and the Professional Standards Scheme.

Submissions

Submissions made by the LIV may be viewed at http://www.liv.asn.au/members/sections/submissions.

Letters of comfort

The LIV has written to the Chief Commissioner of Victoria Police raising concerns in relation to the practice of police handing “letters of comfort” to sentencing judges on a plea of guilty.

Proposed amendments to the Australian Customs notice of objection scheme

Australian Customs administers the notice of objection scheme established under the Trade Marks Act 1995 (Cth) and the Copyright Act 1968 (Cth). The notice of objection scheme is Australia’s principal mechanism for the enforcement of intellectual property (IP) rights at the border. Recently, issues have been raised by stakeholders and government agencies regarding Customs enforcement of IP rights. The LIV has made a submission regarding the proposed amendments.

Review of the Mental Health Act 1984

In February 2009, the LIV made a submission on the Victorian government’s “Review of the Mental Health Act 1984 (Vic)” consultation paper. Consistent with past submissions, the LIV suggested that the government undertake a comprehensive review of Laws relating to substitute decision-making and consider generic capacity legislation. The LIV also submitted that any proposed reforms must be compatible with human rights. The submission made detailed comments on involuntary treatment and addressed issues around patient participation, monitoring and complaints.

Statute Law Amendment (Charter of Human Rights and Responsibilities) Bill 2009 – consultation draft

The LIV has responded to the discussion paper on proposed amendment of reverse onus offences to comply with s25 of the Charter of Human Rights and Responsibilities Act 2006. The LIV has welcomed the proposed amendment of the reverse onus offences contained in the discussion paper, but has raised some concerns in relation to a number of practical difficulties which may arise under the proposed changes.

LCA submissions

The latest LCA submissions can be seen at http://www.lawcouncil.asn.au/submissions.html.


The LIV’s public affairs manager KERRY O’SHEA is available to help members with particular media issues and can be contacted on ph 9607 9373 or for more information see http://www.liv.asn.au/media.

LIV and the Media

ABC legal segment
3 February Penalties for lighting bushfires, government economic stimulus package

ABC Statewide
4 February LIV opposes stamp duty amendments, assistance for guide dogs, Morwell mediation centre
25 February Bushfire legal helpline

Bushfire arsonist fair trial
LIV comments on difficulty of person getting fair trial during bushfires
17 February ABC news radio

Bushfire compensation claims
Potential to claim under crimes compensation or TAC
12 January ABC radio

Bushfire legal helpline
Free legal helpline line up by LIV, VLA, PILCH, VLF, VicBar and FCLC. Relief centres have Lawyers to provide legal advice
11 February ABC radio, 3AW radio
12 February ABC Goulburn Murray
13 February Australian Financial Review
15 February Sunday Age
16 February The Age, ABC radio, 3AW, ABC Statewide, Radio New Zealand
17 February ABC radio, Age letter, Herald Sun letter
18 February Knox Journal
19 February ABC radio, Pulse Community Radio Geelong, 3MDR Community Radio, SBS radio, Herald Sun
22 February Sunday Age letter, 3CR
24 February ABC radio
27 February The Age Diary

Bushfires – LIV offers free legal assistance to those affected
People seeking legal assistance about bushfire issues including insurance, tax and wills can get referral through LIV
9 February ABC online, Herald Sun online, ABC Asia Pacific news
10 February 3AW, The Age, Herald Sun
11 February ABC breakfast, The Age
12 February Bendigo Miner
13 February The Age
16 February Herald Sun Money section

Bushfire royal commission
To be headed by former Supreme Court judge and LIV president Bernard Teague
18 February Australian Financial Review
21 February The Age profile

Bushfire – Supreme Court to speed up bushfire cases
Remarks from Chief Justice at opening of Commercial Court – bushfire legal advice details
12 February Australian Financial Review
13 February Australian Financial Review

Family Court support for families
LIV discusses pressure on separating families and role of collaborative Law
5 February ABC radio, ABC 7pm news
6 February ABC radio

LIV Later Lawyers Network
Profile on member Bill Bradley
22 February Sunday Age

LIV supports maintaining private binding register
LIV says register maintained by the ATO is worth keeping public
27 February Australian Financial Review

LSB grants for legal services
LIV explains that Legal Services Board grants are from public purpose fund and that more legal aid funding is needed
5 February ABC Gippsland

Plan to strip judicial pension
LIV says whether or not Marcus Einfeld keeps a judicial pension is now a national legal issue
11 February The Australian

Practitioner threatens to sue LIV
Practitioner threatens to sue LIV for releasing information to NCA; LIV says it cooperated as authorised under the Law
22 January BRW

Stamp duty slug to taxpayers
LIV warns of $900 million slug
3 February Australian Financial Review
3 February ABC radio
10 February Community radio

State bodies pressured by national push
Includes details on state Law society memberships
13 February Australian Financial Review

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