Scathing Report Echoes LCA s Customary Law Concerns

Transcription

1 October 2006 Volume 10 Edited by Ben Caddaye Phone (02) Scathing Report Echoes LCA s Customary Law Concerns The Law Council has called on the Australian Government to re-think proposed new sentencing laws after a Senate Committee warned that the legislation could discriminate against Aboriginal and Torres Strait Islanders. A report by the Senate Committee condemned the Crimes Amendment (Bail and Sentencing) Bill 2006, which seeks to exclude customary law and cultural factors from the sentencing process. Law Council President Tim Bugg said courts must have access to all available sentencing and bail options, particularly when dealing with Indigenous offenders. Mr Bugg said implementing the Bill in its present form would seriously undermine the ability of courts to exercise practical judicial alternatives He commended the committee on its findings; findings it was required to make within a very short time-frame. The Senate Committee rejected the Government s view that the Bill would assist in addressing violence and abuse in Aboriginal communities. The committee recommended that the cultural background of an offender should remain an essential consideration in sentencing. It is time now to stop playing politics and focus on the real issues of concern. The Law Council supports practical measures to protect Indigenous women and children from violence and to improve the lives of Aboriginal people, Mr Bugg said. The Government should stop demonising Aboriginal culture and work together with State and Territory Governments, Indigenous community leaders and other key stakeholders to address Indigenous disadvantage, he said.

2 Future of Family Law Heads West The future direction of family law is on the agenda this week as hundreds of lawyers from around Australia meet in Perth for the 12 th biennial National Family Law Conference. Hosted by the Law Council s Family Law Section, the conference, which began on Sunday and finishes today, focuses on issues confronting family lawyers and their clients and looks at innovative ways to navigate the future of family law. In a year that has already seen significant reform to the family law system, speakers have dealt with a wide range of important current issues including high conflict families, post separation parenting, child support reform, and listening to children, Law Council President Tim Bugg said. The conference has brought together lawyers, judges and magistrates from throughout Australia and around the world to talk about the development and future of family law. Highlights of the conference included the State of the Nation address, in which Attorney- General Philip Ruddock, the Chief Justice of the Family Court, the Chief Federal Magistrate and the Chair of the Family Law Section each provided a snapshot of current trends and their vision for family law in Australia. High Court Justice Michael Kirby opened the professional program on Monday by presenting the Peter Nygh Memorial Lecture on the theme New Frontiers in Family Law. International speakers included Baroness Hale of Richmond, one of the United Kingdom s 12 Law Lords the only woman ever to hold such a position and Dr Joan B Kelly, a renowned clinical psychologist from California. Other experts to grace the podium included New Zealand s Principal Family Court Judge Peter Boshier, Professor Richard Chisholm and Professor Patrick Parkinson. Further details are available at Women in the Law: is Australia Making Progress? By Carole Caple One-hundred-and-one years after the first woman was admitted to legal practice in Australia, the progress made by women in the law in this country was high on the agenda at the inaugural Australian Women Lawyers Conference, held in Sydney last month. One of the recurrent themes to emerge from the conference was that, as far as the law is concerned, Australia still appears to be in the epoch of first women. The first woman appointed to the High Court, former judge Mary Gaudron, gave the keynote address entitled: Equality: the Guarantee of Excellence.

3 She made several impromptu references to the well-documented discriminatory systemic and structural practices in the legal profession which she described as typifying the tribal mentality. Fundamental to the notion of a just outcome is the principle of equality, Ms Gaudron said. Equality is not uniformity; it is not sameness Equality is the recognition of relevant differences and, where there is relevant difference, adaptation appropriate to that difference, she said. The inaugural conference program, set around the theme, Celebrating Excellence, covered three streams: Property and Finance, Litigation and Corporate Governance. Conference speakers included Chief Justice Diana Bryant, Chief Justice Marilyn Warren and President of the Queensland Court of Appeal Justice Margaret McMurdo. Academia, the bar, government and private practice were also skilfully represented by women at the pinnacle of their areas of expertise. Several of the profession s rising stars were on hand as the promise of excellence well into the future. High Court Justice Susan Crennan was also in attendance. During the years between Ms Gaudron s resignation and the appointment of Justice Crennan, the High Court of Australia stood alone amongst the courts of final appeal in England, Canada, New Zealand, the United States and other developed nations in having no female members. One other of the conference s recurrent themes rounded on the notable underrepresentation of women on the bench and at the senior levels of the legal profession a fact supported by the recent results of the Australian Women Lawyers Gender Appearance Survey which indicated disappointingly low rates of appearances by women in the Superior Courts in Australia. While ever the men gather together on a regular basis in private clubs from which women are excluded, and there sort out the future of their prodigy, or discuss or exercise some influence over future appointments or developments, then women have to be aligned together to look after themselves, Ms Gaudron said. New-Look Legal Practice Section The Legal Practice Section of the Law Council announced its new-look Executive at its Annual General Meeting earlier this month. Mark Cerche, of Allens Arthur Robinson in Melbourne is the new Chair of the Section, taking over from outgoing Chair Damian Scattini, who held the position for two years. In other moves, new Section Executive member Murray McCutcheon from Hunt and Hunt in Melbourne is the Deputy Chair and Kriss Will has become Treasurer. Supporting them are Section Executive members Margaret Hole, Bill Redpath and Mr Scattini.

4 Both Mr McCutcheon and Mr Redpath bring a great deal of expertise to the Executive, having served actively with the Section for several years with the Australian Property Law Group and Personal Injuries Litigation Group respectively. Des Dodds of Dodds Lawyers in Melbourne, and Brett Davies of Brett Davies Lawyers in Perth did not stand for re-election. Mr Dodds has made a strong contribution to the Section over many years, including his work as a past Chairman and a past Treasurer of the Section. Mr Davies has also made a considerable contribution over the years particularly in relation to membership promotion activities, coordination of the World Masters of Law Firm Management seminars, and his work as a past Treasurer. Indonesian Minister Visits Law Council The Indonesian Minister for Justice and Human Rights, Dr Hamid Awaluddin, visited the Law Council Secretariat in Canberra during October to discuss, among other things, means by which the Australian and Indonesian legal professions can collaborate on projects. Dr Awaluddin is a high-profile human rights and anti-corruption activist who has been involved in the pro-reform movement in Indonesia. He is a member of the Commission for Eradication of Corruption, a Special Advisor on governance reform and Deputy Director of the Centre for Political and Governance Studies. During the Minister s visit to the Law Council, discussion centred on the linkages being established between the Law Council and PERADI, the new national body for the legal profession in Indonesia. In particular, the Minister was advised of the Law Council s assistance to PERADI in making an application to the Australian Government for funding assistance for setting up a complaints and discipline regime for the legal profession in Indonesia. The Minister offered his assistance in pursuing this project and generally for matters relevant to the profession. Dr Awaluddin met with Law Council President Tim Bugg, Secretary-General Peter Webb, former President Gordon Hughes and Director International, Margery Nicoll. Tax Office Litigation Webpage The Tax Office has established a litigation webpage which will list information about significant court and tribunal decisions once they are finalised.

5 The statements will identify the case and its references and will provide a brief statement of facts, the decision, and the Tax Office s view of that decision. Significant cases from across the full range of Commonwealth taxes will be included. The litigation webpage will alert the community if any of the Tax Office s public rulings and determinations need to be reviewed or amended as a result of the decision. These will be hyperlinked with notations until the ruling or determination is finally reviewed. The page can be accessed from the Tax Office website at via this pathway: Rulings policies & law > Tax related case law > Tax Office response to recent decisions What s On The Centre for International Legal Studies is seeking speakers and moderators for the International Mergers, Acquisitions, and Securities Conference, to be held from November 2006 in Cape Town, South Africa. Speakers and moderators will receive a 40 per cent discount off the normal delegate fee for four nights' luxury hotel accommodation, breakfasts, opening and closing dinners, welcome reception, travel insurance, professional program, CLE/CPD certification, and conference materials (for delegates and faculty). The Centre will certify up to 24 hours of CLE credit for the conference. For more information, cils@cils.org The Australian Institute of Family Law Arbitrators and Mediators (AIFLAM) and Bond University Dispute Resolution Centre s next course in Basic Mediation will be held from 30 November 3 December on the Gold Coast. For details, kate.bolas@lawcouncil.asn.au The International Association of Jewish Lawyers and Jurists is holding an international law conference in Budapest, Hungary, from November The conference is entitled Remember Budapest and will feature appearances by the President of the Hungarian Bar Association and other legal identities. For further details, contact the association s Executive Director, Ariel (Arik) Ainbinder, on 0011 (972) , ed-iajlj@goldmail.net.il or visit Nominations are open for the 2007 John Koowarta Scholarship. The Scholarship is open to Aboriginal or Torres Strait Islander people who are studying for a Bachelor of Laws degree. Successful applicants are awarded $5,500 a year towards their studies. Up to two scholarships will be awarded in 2007 and recipients may re-apply in subsequent years until completing their degrees. For further information, visit or koowarta@lawcouncil.asn.au