Every Issue
Cite as: (2007) 81(7) LIJ, p. 4
AustLII needs the support of Australian lawyers and, separately, the truth
of tort law “reform” is being revealed.
Click on http://www.austlii.edu.au and you’ll find what is fondly
referred to as the world’s largest free online library.
Around the world, the Australasian Legal Information Institute (AustLII) is
part of a network of legal information institutes which meet annually to affirm
their mission of providing free, full and anonymous public access to legal
information on the Internet.
Their philosophy is that public legal information is digital common property
and should be accessible to all on a non-profit basis, free of charge.
In a typical month, the AustLII website receives an average of 637,000 hits
per day – three times more than commercial providers of legal
research.
It is an important resource for all lawyers, but especially for Law Institute
of Victoria (LIV) members who are inhouse counsel, solicitors who do not have
ready access to large research libraries and research students.
Unfortunately, a funding crisis arose this year when the federally-funded
Australian Research Council ceased the research infrastructure grants that
AustLII has depended on over the past seven years.
Strictly speaking, according to AustLII, the grants were meant to be one-off
developments and not an ongoing source of general operating funding. However,
losing around $650,000 has resulted in an immediate threat to some of its
services.
In terms of ongoing funding, AustLII needs about $1.2 million to keep going.
The call went out to save it, and the Victorian Legal Practitioners’
Liability Committee chipped in $50,000, around 19 law firms donated amounts of
between $5000 and $10,000 and legal firm Baker & McKenzie committed $35,000
over three years.
Individual lawyers and barristers donated amounts ranging from $500 to $1000
and the Victorian Bar Council gave $7500.
The LIV believes that ordinary people should not lose access to public legal
information.
And though the LIV believes it would struggle to impose a $20 per member levy
to support the rescue mission, the subject of contributions from Australian law
societies is on the agenda for further discussion at the Law Council of
Australia (LCA).
The LCA has already indicated to AustLII that its executive is interested in
helping with future funding, once it has had time to consult its members.
Whether the law societies protest the cuts to federal government or form an
ongoing strategy to include a lump sum annually from the national membership
through the LCA or individually, the discussion that began earlier this year
will need to be debated at both local membership level and nationally.
Even a $2 per head levy from Australia’s 56,000 lawyers could make an
enormous difference to the viability of the site, but nevertheless must be
agreed on by the group.
While the pros and cons of levies and AustLII are being debated, members who
wish to make a voluntary donation should go to
http://www.austlii.edu.au/austlii/sponsors/contribute.pdf
It’s not news when the LIV or LCA says that compensation laws are
unbalanced and unfair.
However, when one of the architects of tort law reforms in NSW says the
system is unfair, that is news.
And that is exactly what Justice David Ipp delivered in a speech to the
insurance industry in May.
He labelled the compensation laws inconsistent, unbalanced and unfair for
injured people.
This reiterates what law societies have said since the harsh changes to
compensation laws were introduced.
In Victoria, 2003 heralded significant amendments to the Wrongs Act
1958, affecting Victorians’ rights to make claims for personal injuries.
In short, damages for pain and suffering are now only recoverable where a
plaintiff has suffered a “significant injury” as assessed by an
approved medical practitioner or medical panel under the Act.
The minimum level for recovery of damages is a permanent impairment of more
than 5 per cent for non-psychiatric injury and more than 10 per cent for a
psychiatric injury.
As we have said before, the new laws are out of line with community standards
of fairness and decency.
Generally, a person who has suffered a personal injury has three years from
the date of the discovery of the injury, or when it should have been discovered,
to make a claim. Thresholds do not apply to injuries occurring before 21 May
2003, or proceedings in existence before 1 October 2003.
The LIV advises anyone suffering a personal injury to seek legal advice as
soon as possible to determine any rights to compensation.
The LIV has also appealed to injured people to contact us with their stories,
even if the deadline has passed or they have been told that they would not be
eligible, so their details can be collated for a campaign to review the current
tort law changes.
If you know of or are involved in any such cases, please email Emily
Schneider at eschneider@liv.asn.au
with your details.