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Calendar
Calendar

Advocacy

Advocacy

By Law Institute Journal

Advocacy 


Representation Australia Day celebrations LIV president Belinda Wilson attended the Australia Day celebration at Government House, hosted by Governor of Victoria the Hon Linda Dessau. Bail law review taskforce A meeting of the LIV bail review taskforce was chaired by Ms Wilson with representatives of the criminal law section. LIV CEO Nerida Wallace attended. The Hon Paul Coghlan QC has been asked to advise the government on how Victoria’s bail system should be reformed. Hong Kong Opening of the Legal Year Ms Wilson attended a Ceremonial Opening of the Legal Year in Hong Kong attended by heads of overseas law societies and bar associations. Human Rights Parliamentary Joint Committee Ms Wilson attended a Human Rights Parliamentary Joint Committee hearing to discuss the LIV’s submission to the Inquiry into Freedom of Speech in Australia. LIV book launch The LIV hosted the launch of the book Bitten by an Elephant, written by former LIV CEO and County Court judge the Hon Gordon Lewis. Multi-faith Opening of the Legal Year Ms Wallace attended the Multi-Faith Opening of the Legal Year at Government House, hosted by Governor of Victoria the Hon Linda Dessau and the Hon Anthony Howard QC. Ms Wilson attended the Opening of the Legal Year in Canberra and the swearing in of the new Chief Justice of the High Court of Australia Susan Kiefel. Opening of the Legal Year Geelong Ms Wilson attended a ceremonial sitting of the Supreme Court of Victoria, Geelong Law Courts, hosted by Justice Clyde Croft. Submissions Australian Consumer Law review The LIV responded to Consumer Affairs Australia and New Zealand’s (CAANZ) consultation on its Consumer Law Review Interim Report. The LIV endorsed the submissions by Justice Connect and the Law Council of Australia (LCA), and commended the efforts of Justice Connect in relation to its fixfundraising campaign. The LIV supported Justice Connect’s recommendation to extend s18 of the Australian Consumer Law (ACL) to explicitly include reference to “fundraising activity” as this would assist in harmonising and clarifying fundraising law under the ACL. ALRC inquiry into incarceration rate of Indigenous Australians The LIV provided a short memo to the LCA highlighting additional issues that should be included in the terms of reference for this inquiry, namely: racial profiling and systemic discrimination; police contact with Aboriginal communities in relation to family violence; self-determination and Aboriginal and Torres Strait Islander led solutions; adequate resourcing of Aboriginal and Torres Strait islander services and integrated service models. The LCA’s final submission is available on its website. ATO compliance guidelines The LIV wrote to the Australian Taxation Office (ATO) in relation to the draft Practical Compliance Guideline (PCG 2016/D16 Fixed Trusts) regarding what the Commissioner will take into consideration when exercising discretion to deem a beneficiary has a fixed entitlement in a trust. The LIV recommended that the ATO provide more clarity in relation to what impact certain factors will have in its decision-making. The LIV expressed its concern about the lack of transparency in relation to the discretionary power and suggested specific examples can save taxpayers from compliance risks hidden below the surface. The LIV’s Tax and Revenue Committee offered to assist the ATO in determining typical circumstances where taxpayers may fall foul of the guidelines so as to minimise any confusion. Children Legislation (Reportable Conduct) Bill 2016 The LIV provided a short submission on this Bill to members of parliament. The submission looked at the overlap of obligations between the proposed reportable conduct regime under the Bill and pre-existing regimes under the Children Youth and Families Act 2005 and the Crimes Act 1958. Land Use Victoria: Restrictive covenants In late 2016, Land Use Victoria released a consultation paper regarding the Registrar of Titles’ proposal to create restrictive covenants in transfers and restrictions in plans. The LIV, with input from its Property Law Committee, made a submission to Land Use Victoria to suggest that customers should be entitled to choose their preferred method to create covenants rather than being required to do so by way of memorandum of common provisions. Migration Settlement Outcomes Inquiry The LIV wrote to the LCA acknowledging the strength and resilience of young people in Victoria from migrant and refugee backgrounds. The LIV raised concern that the current migration character test is insufficient to assess a prospective migrant’s settlement prospects because the test focuses too much on the circumstances of the applicant and too little on the applicants’ actual character. The LIV raised concern of ongoing racial profiling by some Victoria police officers and recommended the inquiry turn its attention to relevant multicultural policies and accountability mechanisms in all states and territories. Pre-budget submission: Immigration advice The LIV provided a short memo to the LCA focusing on the importance of increased funding for the Immigration Advice and Application Assistance Scheme and the Office of the Australian Information Commissioner. The final LCA submission is available on its website. LIV members offer their commitment, diversity and expertise to promote justice for all, advancing social and public welfare, education and public confidence in the legal profession. People in need of legal help are directed to the LIV’s Find Your Lawyer Referral Service – call 9607 9550, 9.30am-5pm, Monday to Friday.

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