Annual Report - Parliament of NSW...Annual Report The Law Society of New South Wales ACN 000 000 699...

-G The Law Society of New South Wales ACN 000 000 699

Committees

Annual Report

The Law Society of New South Wales

ACN 000 000 699

170 Phillip Street

Sydney NSW 2000

DX 362 Sydney

Phone: (02) 9926 0333

Fax: (02) 9231 5809

2002-2003

Contents

Arbitration Liaison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Business Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Children's Legal Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Costs Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Equal Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Environment Planning and Development . . . . . . . . . . . . . . . . . . 10

Ethics ............................ :. . . . . . . . . . . . . . . . . . 11

Family Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Fidelity Fund Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Government Solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Human Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Immigration and Administrative Law . . . . . . . . . . . . . . . . . . . . . . 18

Industrial Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Litigation Law and Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Medico-Legal Liaison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Office of State Revenue Liaison . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Online Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Personal Injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Property Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Rural Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

ANNUAL REPORT OF COMMITTEES 2002 - 2003

Reports of Committees

Arbitration Liaison

2002 membership: ]. Dobson (Chair), P. Banister, R Bryden, J. Cowen (to 21 June 2002), R Crawford,]. Creer, S. Ferguson, R Fox, N. Goodman, N. Johnston, J. McDermott, D. McLachlan,]. Moffatt, V. Paull, G. Roberts, M. Scott, J. Watts, G. Winn, B. Sordo, D. Allan.

2003 membership: G. Daley (Chair), P. Banister, R Crawford,]. Creer, J. Dobson, ]. Dunn, S. Ferguson, R Fox, N. Goodman, M. Greenwood, N. Johnston, J. McDermott, D. McLachlan, C. Paull, G. Roberts, S. Wilde, G. Winn, B. Sordo, D. Allan.

The functions of the Committee are to: 0 monitor the court-annexed arbitration scheme in the Supreme, District and Local

Court and to ensure the objectives of the arbitration scheme continue to be met as an effective mechanism for the disposal of cases;

0 liaise with the courts and the Attorney General's Department in supervising the arbitration scheme;

0 assist reform by suggesting appropriate refinements to the arbitration scheme; 0 advise the President of the Law Society on the nomination of suitable solicitors for

appointment as arbitrators in the three jurisdictions.; 0 investigate and resolve complaints against solicitor arbitrators; 0 form an appropriate forum to deal with complaints against tribunal and quasi-judi

cial members; 0 continue the conduct of the Arbitrators' Refresher Course and the ongoing training

for arbitrators; and 0 expand the areas of law to which arbitration can be applied.

The Committee conducted the following activities during the year: 0 Committee submission for SCAG on the review of Australia's Uniform Commercial

Arbitration Legislation by Standing Committee of Attorneys General; 0 submission to oppose the Courts Legislation (Further Amendment) Bill 2002

which enables the Supreme Court to refer long and complex matters to arbitration; 0 submission to the President of the Workers Compensation Commission concern

ing a perception of conflict of interest for arbitrators sitting in matters where their arbitrator colleagues appear for one of the parties;

0 provided comments and suggested recommendations to the District Court regarding the Arbitration System for accommodation for part-heard arbitrations, pilot scheme for specialist arbitrators, Guidelines and Directions;

0 continued to make submission to the Attorney General seeking a review of the issue of remuneration for arbitrators, including the question of underpayment for reserved awards;

0 an informal investigation into the standard of award writing by arbitrators; 0 conducted an Orientation Course for newly appointed arbitrators on 15 March

2003;

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THE LAW SOCIETY OF NEW SOUTH WALES

0 received and reviewed expressions of interest from applicants for appointment to the District and Supreme Court Arbitrators' Panels (Aug-Nov 2002) and Local Courts (Aug 2003), and made recommendations to Council and the President in relation to nominations;

0 encouraged representation of women on the Arbitrators' panels by calling for expressions of interest through women lawyers; and

0 monitored and updated information, guidelines and profile forms pertaining to arbitration on the Law Society's website.

Audit

2002 membership;]. Mcintyre (Chair), J. Catanzariti, S. Jarrett,]. McPhie.

2003 membership;]. Mcintyre (Chair), J. Catanzariti, G. Dunlevy,]. McPhie.

The functions of the Committee are to; 0 assist the Council as the Board of Directors of the Law Society to discharge its

responsibility to exercise due care, diligence and skill in relation to its; 0 reporting of financial information to members, 0 application of accounting policies, 0 financial management, 0 internal control systems, 0 risk management systems, 0 business policies and practices, 0 protection of assets, and 0 compliance with the Corporations Act and best practice guidelines;

0 maintain the credibility and objectivity of the accountability process (including financial reporting);

0 provide a conduit for communication between Council and senior management of the Law Society;

0 maintain the effectiveness of audit functions and to facilitate independence of the auditor by providing a forum for communications between Council and the Law Society's auditors; and

0 maintain the quality of internal and external reporting of financial and non financial information.

The committee's 2002-2003 activities included: 0 a review of the committee's charter, taking account of best practice guidelines and

draft proposals such as CLERP 9; 0 quarterly review of Law Society Group risk management reports with a view to

monitoring and/ or evaluating processes and systems of all business units and subsidiary companies in the Group; ensuring continuous improvement in the assessment and avoidance of risk across the Group; and ensuring the Group's compliance with relevant laws, regulations, standards, agreed procedures, etc;

0 identifying and dealing with new areas of potential risk in relation to building security, investment, related party transactions, and employment and termination of staff;

0 development of a protocol for dealing with allegations of breach of the Corporations Act 2001 or breach of duty by Councillors; and

0 scheduled consultation with management and external auditors.


Business law

2002 membership: P. King (Chair), L. Callahan, D. Castle, L. Chao,]. Currie, N. Dilanchian, P. Freed, R Heinrich, S. Horgan, A Khanna, R McMaster, C. Mendel, P. Murphy, S. Nash,]. Richardson, D. Searle, P. Summerbell, P. Wiseman, S. Yee-Kong, P. Machin, T. O'Malley,]. Dorter, M. Quirey (Responsible Legal Officer).

2003 membership: D. Castle (Acting Chair), M. Binetter, J. Burke, J. Currie, N. Dilanchian, R Downs, R Featherston,]. Geale, R Heinrich, S. Horgan, R McMaster, K Mills, P. Murphy, S. Nash, A Perry,]. Richardson, P. Wiseman, R White, B. Moss (Responsible Legal Officer).

Mission statement: To represent the Law Society of New South Wales and its members in matters relating to Business Law. Without limiting the area of review of Business Law and acknowledging that Business Law covers an extremely wide area, the following come within the Committee's consideration: 0 Consumer and Franchising 0 Corporations 0 Financial Services and Markets 0 Insolvency 0 Insurance 0 Intellectual Property 0 Taxation and Superannuation 0 Trade Practices

The functions of the Committee are to: 0 consider the areas of business law having regard to their effect on the legal pro

fession and the community, in the light of existing and proposed legislation, court decisions and developments in commercial practice;

0 respond to proposed legislation, initiate appropriate submissions to Ministers and recommend amendments to legislation and regulations to overcome real or perceived defects in the commercial laws;

0 liaise with Government and quasi-government bodies and instrumentalities in order to maintain awareness of developments in government policy initiatives. Members of the Committee may at times appear before Government committees;

0 liaise with the Law Council of Australia on issues of national importance and which are best responded to through a national submission /liaison;

0 provide advice on business and commercial law policy issues to the Council and Executive of the Law Society;

0 establish specific project task forces and specialist sub-committees to undertake projects as required; and

0 maintain communication with relevant business oriented bodies such as the Department of Fair Trading, Australian Tax Office, Australian Securities and Investment Commission and the Australian Stock Exchange.

The Committee conducted the following activities during the year: 0 review of the Building and Construction Industry Security of Payment Act 1999

(NSW);

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0 commented on the Draft Bill as a consequence of the National Competition Policy Review of the Pawnbrokers and Second Hand Dealers Act 2002;

0 commented on the Property Stock and Business Agents Act 2002; 0 provided submission on Fair Trading Act 1987; 0 attended meetings at the invitation of the Corporate Institute of Managers and

Chartered Secretaries to discuss establishment of a Corporation Panel; 0 provided submission on Inquiry into Australia's Insolvency Laws; 0 responded to inquiry into the structure and distributive effects of the Australian

Taxation System; 0 commented on ACCC Leniency policy for Cartel Conduct; 0 corresponded with The Office of State Revenue in regard to the Stamp Duty Review

and Review of the Taxation Administration Act; 0 Insurance Law sub-committee discussed the effect of the Supreme Court decision

in Hams v CGU Insurance; 0 liaison with the Australian Tax Office on proposed legislation for the regulation of

tax professionals; 0 ongoing liaison with the Law Council of Australia in regard to the Dawson Review

of the Trade Practices Act; 0 continuing liaison with the Law Council of Australia on regard to the Corporate Law

Economic Reform Program (CLERP 9); 0 engaged in correspondence in regard to proposed regulations impacting on the

Independent Pricing and Regulatory Tribunal; 0 interface liaison with Chairs and members of other Law Society Committees, par

ticularly the Property Law Committee, OSR/Law Society Liaison Committee, Family Law Committee and the Human Rights Committee; and

0 published Business Law material in the Law Society journal and website.

Children's Legal Issues

2002 membership : R Benjamin (Chair),]. Bargen, R Best, C. Carney-Orsborn, D. Defina, C. Escobar,]. Leyy, A MacKenzie, R McLachlan, S. Moore, J. Morgan, I. Nowland, L. Robertson, S. Ryan, K Stewart, S. Currie (Executive Member).

2003 membership: G. Dunleyy (Chair) R Best,]. Bargen, D. DeFina, A Harrison, M. Hay, S. Israel, L. Macmillan, R McLachlan, N. Miles, S. Mitchell, G. Monahan, S. Moore, T. O'Sullivan, K Stewart, H. Whyman, G. Williams, S. Arcus (Executive Member).

The functions of the Committee are to: 0 represent the Law Society of New South Wales and its members on all aspects of

law affecting the access to justice by children and the rights of children. The committee defines a child according to the definition adopted in the UN Convention on the Rights of the Child as being any person under the age of 18 years.

0 identify and support practical measures and reforms that will improve the welfare of children and young people in contact with the legal system, with particular emphasis on: 0 media reporting of court proceedings affecting children; 0 children in civil proceedings; and 0 the access to justice of children and young people in rural areas.


The Committee conducted the following activities during the year: 0 liaised with the Legal Aid Commission in relation to fees and other issues affecting

the profession; 0 continued to lobby for improved court facilities for children and young people; 0 continued its mission to improve understanding and awareness of children's views

of the legal process; and 0 continued to support practical measures and reforms that will improve the welfare

of children and young people in contact with the legal system, with particular emphasis on the access to justice of children and young people in rural areas. Care and protection matters were a central focus of the Committee's activities: 0 submission to Senior Children's Magistrate on Emergency Care and Protection

Orders; 0 submission to Children's Court NSW- Retaining Indigenous statistics; 0 submission to Senior Children's Magistrate - Country circuits; 0 submission to Senior Children's Magistrate -Practice Directions; 0 submission to Attorney General- Proceeds of crime legislation; 0 submission to Legal Aid - Care and Protection panels/funding issues; 0 submission to Legal Aid - Proposed fee increase; 0 submission to DoCS- Temporary care arrangements; 0 submission to Senior Children's Magistrate- Adjustment to Practice Note; 0 submission to Attorney-General- Worimi Court developments; 0 submission- NADRAC- ADR terminology; 0 comment to DoCS- Draft Children's Services Regulation 2002; 0 submission to Chief Magistrate- Need for specialist children's magistrates; 0 letter to Police Commissioner supporting provision of 12 extra ACLOs in NSW; 0 submission to Legal Aid NSW regarding Care and Protection Panels; 0 issues paper regarding children in custody- to Police, Courts and Department

of Juvenile Justice; 0 submission to Senior Children's Magistrate regarding Draft Practice Direction

20 and 21; 0 submission to Attorney General on Review of Status of Children Act; 0 submission to Law Reform Commission regarding Review of Part 15A Crimes

Act; 0 submission to DoCS and Legal Aid Commission regarding provision of legal

advice to parents and children; 0 submission to Parliamentary Committee on Children and Young People -

Inquiry into prescription drugs and over the counter medicines; 0 submission to Inquiry into Child Protection Services; 0 submission to Review on Child Death Inquiry - Parliamentary Committee on

Children and Young People; and 0 response to proposed amendments to the Evidence (Audio and Audio-Visual

Links) Act 1999.

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Costs Working Group

2002 membership: G. Salier (Chairman), R Benjamin, A McMurran, S. Pattison, T. Stem, R Balachandran (Responsible Legal Officer).

2003 membership: G. Salier (Chairman), R Benjamin, P. Ferguson, V. Higinbotham, A McMurran, S. Pattison, T. Stem, R Balachandran (Responsible

Legal Officer).

The functions of the Committee are to: 0 advise the Law Society Council on all matters affecting solicitors' professional

costs; 0 monitor the working of the Costs Assessment Scheme and advise the Council on

appropriate improvements to the Scheme; 0 examine and advise the Council on relevant legislative proposals relating to costs; 0 revise, at appropriate intervals, the Law Society's Costs Guidebook.

The Costs Working Group conducted the following activities during the year: 0 advertised for and selected for nomination by the Law Society, solicitors for

appointment as costs assessors for the period 2002-2005; 0 publication of the revised and expanded third edition of the Costs Guidebook; 0 national Practice Model Laws-Costs Disclosure and Review: the Committee's sub

missions were provided to the Law Council's 'Working Group by the President of the Law Society;

0 Conveyancers' Licensing Bill 2003 - costs disclosure requirements and review of costs: the Committee's views were provided to fue President for discussion with the Minister for Fair Trading; and

0 answered inquiries from the profession on various issues relating to costs.

Criminal Law

2002 membership: G. Dunlevy and C. O'Brien Goint Chairs), M. Antrum, G. Bashir, P. Bugden, G. Connelly, K Cull, R Davies, I. Geddes, P. Gibson, D. Giddy, R Gray, Deputy Chief Magistrate G. Henson, M. Holmes, A Lumsden, ]. Sanders, P. Shaw, M. Spiers, B. Thomas, G. Walsh, P. Wright, S. Currie (Responsible Legal Officer).

2003 membership: P. Wright (Chair), E. Barker, P. Budgen, M. Coroneos, R Davies, L. Fernandez, W. Fisher, I. Geddes, P. Gibson, D. Giddy, R Gray, Deputy Chief Magistrate G. Henson, M. Holmes, M. Johnston, A Lumsden, P. Nash, C. O'Brien,]. Sanders,]. Shouldice,]. Simpson, M. Spiers, B. Thomas, B. Van Zuylen, G. Walsh, S. Currie and L. Barnes (Responsible Legal Officers).

The functions of the committee are to: 0 consider and deal with matters relating to substantive and procedural criminal law

including existing and proposed state and federal criminal legislation and proposals for reform of the criminal law and practice;

0 review and comment on law and policy affecting criminal justice having regard to the interests of people charged with criminal offences, the needs of victims of acts of violence, the rights of prisoners, the interests of children as they are affected by


the criminal law, the interests of intellectually disabled, mentally ill and other cognitively impaired people as they are affected by the criminal law, the rights of Aboriginal and Torres Strait Islander Australians and multicultural issues as they relate to criminal law;

0 advise Council on these matters; and 0 liaise with individuals and organisations in or associated with criminal law.

The Committee conducted the following activities during the year: 0 made submissions to Government and Members of Parliament about the following

legislation: Crimes Legislation Amendment (Periodic and Home Detention) Bill 2002; Law Enforcement (Powers and Responsibilities) Bill 2002; Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Bill 2002; Terrorism (Police Powers) Bill 2002; Victims Legislation Amendment Bill 2003; Crimes (Sexual Offences) Bill 2003; Crimes Amendment (Protection of Innocent Accused) Bill 2003; Bail Amendment Bill 2003; Director of Public Prosecutions Amendment (Parliamentary Joint Committee) Bill 2003; Crimes Legislation Amendment (Parole) Bill 2003;

0 made submissions responding to various inquiries, reviews and proposals for the reform of criminal law and practice, including: Legislative Council Stan?ing Committee on Law and Justice Inquiry into the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001; Legislative Council Standing Committee on Law and Justice Report on Child Sexual Assault Prosecutions; ,Proposed double jeopardy exceptions and prosecution appeals; Criminal Law Review Division on Crimes (Forensic Procedures) Act 2000; Proposed Commonwealth Legal Aid Guidelines; the Finlay Review of the Law of Manslaughter- Generally and in relation to unborn children; Review of Department of Corrective Services - supervision in the community; Law Reform Commission Review on Apprehended Violence Orders - Part 15A of the Crimes Act 1900; Cross Border Investigative Powers for Law Enforcement Discussion Paper; Review of confiscation of proceeds of crime legislation; Draft New South Wales Aboriginal Justice Plan; Review of the Child (Offender Registration) Act 2000;

0 proposed various legislative amendments and procedural reforms about: the Evidence (Audio and Audio Visual Links) Act for matters involving child defendants in custody; proposed repeal of s.l15 of the Crimes Act 1900, s.28(1) of the Crimes (Sentencing Procedure) Act 1999 relating to Victim Impact Statements; s.90 of the Crimes (Forensic Procedure) Act 2000 relating to comparison of DNA profiles against DNA databases; limitation on length of adjournments by Magistrates and Justices when bail refused: s.25 of the Bail Act 1978; committal procedures in relation to co-defendants where one of the defendants is a juvenile (Children (Criminal Proceedings) Act 1987); dangerous driving and the concept of "impact" under s.52A of the Crimes Act 1900; proposals to amend the Crimes Act 1900 relating to aggregated non-parole periods, breach of good behaviour bonds, suspended sentences; diversionary and court interventions schemes; licence disqualification periods following unsuccessful appeals from the Local Court (sections 63 and 68 of the Crimes (Local Courts Appeal and Review) Act 2001; Care and Protection Panels; Questioning of complainants by unrepresented accused in sexual assault trials; Rehabilitation of Traffic Offenders and Fine Defaulters; Court ordered drug tests and the Medicare Benefits Scheme; Proposed amendments to sections 18 and 19 of the Crimes (Local Courts Appeal and Review) Act 2001; Collating documents for Court of Criminal Appeal matters; Proposed Practice Note for committal proceed-

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ings involving co-defendants; amendment to the Criminal Procedure (justices and Local Courts) Act 2001 relating to costs orders in summary criminal proceedings; Criminal Appeal Act 1912; Draft Practice Note "Representations for Withdrawal and Time Standards"; Draft Operational Security Protocol; Proposed amendment to

Rule 5.2 of the Revised Professional Conduct and Practice Rules; Procedure for making representations in Children's and Local Courts;

0 formulated the Society's submissions in relation to: children in police custody; rights of Australian's subject to international detention; domestic violence and the rise of the intervention order; "New South Wales: The convict State - The Law Society of NSW challenges Macquarie Street to show leadership in sentencing and prison reform"; "Criminal Justice Policy Statement: Law and Order Policy Platform"; Role of the Office of the Director of Public Prosecutions; Court facilities in rural areas; Bail accommodation; forensic hospital; Border area drug searches; Labour's Public Safety Plan; Rfymond Terrace Local Court; Parramatta Children's Court Complex;

0 conducted ongoing liaison with individuals, organisations and Government, including: meetings with Minister for Police, Minister for Justice, Attorney General and Departmental officers in relation to issues of concern of mutual interest; meetings with Federal ministers in relation to Australians subject to international detention; liaison with the District Court about delays; liaison with the Local Court in relation to audio visual links in rural areas; liaison with Corrective Services regarding extending hours for legal visits and the issue of mobile phone usage by legal practitioners;

0 participated on: Review of Asset Confiscation Legislation; CLRD Bail Working Party; Child Sexual Assault]urisdiction Working Group; Community Justice Conferencing for Young Adult Offenders; Review of Part 1 OA ·Crimes Act- Detention After Arrest Working Party; Search Warrants Act Review Working Party; and

0 continued to represent the profession on various Court listing and Court User committees and the Law Council's Criminal Law National Liaison Committee.

Dispute Resolution

2002 membership: R Benjamin (Chair), G. Berecry, M. Dewdney, B. Dobosz, F. Doyle, G. Ettinger,]. Feneley, T. Gibson (until late February), C. Halburd, ]. Hannaford, M. Holz, S. Lancken, B. Lulham, U. O'Hanlon, L. Phillips,]. Pollard, ]. Scott, T. Sourdin, E. Spiegel, B. Sordo, D. Allan.

2003 membership: G. Daley, G. Berecry, M. Dewdney, F. Doyle, G. Ettinger,

]. Hannaford, S. Kirschner, S. Lancken, B. Lulham, A Melrose, J. Pollard, P. Ryan, ]. Scott, M. Worthington, D. Allan.

The functions of the Committee are to: 0 develop and promote dispute resolution programs by means of all ADR processes

including Settlement Week; 0 undertake the promotion of court-annexed mediation and evaluation; 0 meet the mediation requirements under amendments to the Legal Profession Act

1987 and other legislation; 0 develop accreditation procedures for solicitor mediators; 0 maintain proper standards for solicitor mediators and act in an advisory role to the

Professional Standards Department, and national and international organisations


when required to do so; 0 liaise with individuals and organisations involved in or associated with dispute res

olution including the Motor Accidents Authority; 0 liaise with the community with regard to mediation including the ongoing conduct

and review of the Schools Conflict Resolution and Mediation (SCRAM) competition; and

0 promote legislative review in the area of dispute resolution.

The Committee conducted the following activities during the year: 0 Settlement Week 2002 -A Draft Evaluation Report was produced on 18 May 2003; 0 Joint Protocol finalised between the Law Society and Bar Association for the

Appointment of Mediators in Matters Referred to Mediation under the Supreme Court Act 1970 (NSW);

0 liaison with the District Court to establish a Protocol for Referral of Matters to Mediation;

0 consolidation of Law Society's Mediators' Panels, resulting in the development of new selection criteria for appointment to the new 2004 Mediators' Panel;

0 Submission to NADRAC's paper "ADR Terminology, a discussion paper"; 0 development and conduct of a one-day seminar jointly with the Mediation

Commission within the Union Internationale Des Avocats (UIA) Congress 27-31 October 2002 on the topic "Natural Resources Dispute Resolution- Conflicts arising over Ecosystem and Cultural Claims". Transcription of the proceedings is being prepared for publication. Ms Spiegel (Member of EP&D Committee) is to attend and present a paper to the next UIA Congress in Lisbon in September 2003;

0 Property (Relationships) Act 1984 (NSW)- Submissions in respect of Chapter 9 Dispute Resolution of the Law Reform Commission's Discussion Paper No 44, "A review of the Property (Relationships) Act 1984";

0 Submission to Law Reform Commission in regard to the Review ofthe Community Justice Centres.

0 Committee assisted in the conduct of the Schools Conflict Resolution and Mediation (SCRAM) competition jointly with the Law Institute of Victoria and the Queensland and ACT Law Societies;

0 monitored updating of the ADR precedents on the Law Society website; 0 monitored the implementation of the Supreme Court (Referral of Proceedings) Act

2000; 0 formed a sub-committee for the Family Law Pathways Advisory Group Report

which prepared submissions to the Attorney General's Department concerning its Consultation Paper on "Primary Dispute Resolution Under the Family Law Acf';

0 conducted a seminar series on Advanced Negotiation in conjunction with Bond University;

0 formed a sub-committee to examine the mediation of regional disputes between solicitors and clients, and the mediation of solicitor-solicitor disputes.

0 examined the mediation of Costs Disputes under the Costs Assessment Schemes between solicitor and client;

0 responded to an invitation from the Federal Treasury's Consumer Affairs Division to comment on its Discussion Paper on Dispute Resolution in Electronic Commerce; and

0 nominated appointments to the Supreme Court mediators' and evaluators' panels (2002-2003).

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Equal Opportunity

2002 membership: K Cull (Chair), H. Bell, S. Blazey,]. Bourke,]. Bran do, D. Goddard, S. Israel, H. Kalowski, S. Leathem, A Lowe, R MacDougal, J. McVicar, ]. Napoli, M. Richardson, V. Sarlaty, M. Vassili, P. Wright, A Yuen, S. Govindasamy (Responsible Legal Officer).

2003 membership: S. Jarrett (Chair), R Banks, M. Bartole,]. Bourke, T. Chua, C. Dawes, N. Goodman, K Kearley, A Lowe, E. Maconachie,]. McVicar, A Perry, M. Simpson, W. Szekely, A Yuen, M. Plastiras (Responsible Legal Officer).

The function of the Committee is to provide leadership and direction on equal opportunity issues and promote equality before the law and in the profession.

The Committee conducted the following activities during the year: 0 hosted the EEO Awards; 0 launched the "After Ada" report; 0 updated the EO Handbook and Model Policies; 0 completed a Strategies paper to help eliminate Bullying; 0 examined and made recommendations on questions for the Remuneration Survey

2003; 0 raised awareness of disability issues affecting ~embers; and 0 examined ways of implementing workplace flexibility.

Environmental Planning and Development

2003 membership (inaugural year): P. Wright (Chair), D. Baxter, A Booth, E. Carroll, G. Castellan,]. Comino,]. Doyle, G. Flynn,]. Frost, K Gardner, B. Glendenning, W. Henningham, D. Newhouse, B. Phillips, A Pickup, M. Ray, A Seton, J. Sheehan, T. Spiegel, D. Allan.

The functions of the Committee are to consider and deal with: 0 legislation and Local Government Regulations and policies which affect planning

and development and the environment, and provide advice to Council in these areas;

0 liaison with the other committees including Property, Dispute Resolution, Young Lawyers Environmental Committee, Government Solicitors, and Rural Issues;

0 liaison with other organisations and institutions such as the Land and Environment Court Users Group, Department of Local Government and other relevant govern

ment departments; 0 the ongoing development of ADR processes to assist the resolution of environ

mental, planning, and local government law disputes; 0 provide ongoing assistance to Specialist Accreditation by the provision of work

shops/ seminars for accredited specialists; 0 the dissemination of information and the promotion of training and skills develop

ment in these areas; and 0 the organisation and implementation of conferences to address current issues.

The Committee conducted the following activities during the year:


0 consideration of legislative review in respect of development applications in light of the case Owners Strata Plan No. 50411 & Ors v Cameron North Sydney Investments Pty Ltd (2003);

0 Submission to the Land and Environment Court regarding the LEC Draft Practice Direction on Official Stamping of Court-Approved Development Plans;

0 Submission to the Land and Environment Court - LEC Draft Rule re Costs in Classes 1, 2, & 3 Proceedings (Draft Amendment #8);

0 Submission to the Land and Environment Court LEC Draft Rule re Section 40, Easements, and Practice Direction. (Draft Amendment #9);

0 established a Joint Working Party: in respect of Heavens Door Pty Ltd v Hillpalm Pty Ltd with the Property Law Committee to examine the implications of this case and explore any legislative changes which may become necessary;

0 Submission re Amendment to Practice Direction 20 re Expert Witnesses: Disclosure of Financial Benefit;

0 liaison with the Land & Environment Court Users' Group; 0 liaison with the Dispute Resolution Committee in particular with the preparation of

a transcript of papers presented at Union Internationale Des Avocats (UIA) Congress 27-31 October 2002 .on the topic of "Natural Resources Dispute Resolution- Conflicts arising over Ecosystem and Cultural Claims". Transcription of the proceedings is being prepared for publication. Ms Spiegel is to attend and present a paper to the next UIA Congress in Lisbon in September 2003;

0 liaison with key stakeholder groups in regard to waterways for example Georges River Keeper Program and Sydney Harbour Secretariat.;

0 liaison with the Environmental Protection Authority; and 0 liaison with Property Law Committee to lobby Department of Infrastructure,

Planning and Natural Resources in regard to 149 Certificates and Bush Fire Prone Land.

Ethics

2002 membership: G. Salier (Chair), G. Bourke, E. Choi,]. Clarke, R Cuddy, M. Curran, L. Finn, D. Fry, J. Gouldstone, J. Hutchinson,]. Liddy, S. McGowan, L. Nicholls, G. Ramensky, M. Shadier, T. Stern, I. Woodward, C. Xuereb, E. Young, V. Shirvington (Responsible Legal Officer).

2003 membership: T. Stern (Chair), G. Bourke,]. Clarke, R Cuddy, G. Daley, ]. Eades, L. Finn, D. Fry,]. Gouldstone, R Hamwood, J. Hutchinson, P. Johnstone, S. McGowan, L. Nicholls, M. Pirona, M. Rowe, M. Shadier, D. Somervaille, P. Waters, I. Woodward, C. Xuereb, E. Young, V. Shirvington (Responsible Legal Officer).

The functions of the Committee are: 0 review of issues of major concern affecting professional practice, conduct and eth

ical obligations of solicitors; 0 monitoring undesirable professional practices; 0 assistance to the profession by the consideration of specific issues arising from

individual matters where appropriate, for example, serious or urgent questions of conflict of interest, solicitors' communications and relationships with clients, colleagues and third parties;

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0 education of the profession in various ways, including by the issue of statements and guidelines, for example, through the Senior Ethics Solicitor's Law Society journal Ethics column, general articles in the Law Society journal or Caveat and, where appropriate, presentation of seminars, for example at Lexpo or the New South Wales Legal Convention;

0 consideration and revision of the Revised Professional Conduct and Practice Rules 1995 and recommendations for amendments to those rules or additional rules where appropriate, anticipating the need arising from economic, political, professional and social change; and

0 liaison with individuals and organisations involved in or associated with ethical conduct and professional responsibility.

Mission statement: 0 the enhancement of desirable professional practices and the avoidance of undesir

able professional practices within the profession with the aim of protecting the profession, the public and assisting in the proper discharge by members of the profession of their obligations to the Court;

0 the prevention of complaints and professional negligence actions against members of the profession; and

0 the education of the profession in relation to the ethical obligations of solicitors.

The Committee conducted the following activities during the year: 0 a review of the Statement of Ethics to consider if it still adequately reflects the

ideals to which all practising solicitors should aspire (on the recommendation of a sub-committee specifically appointed to consider that topic);

0 education of the profession and law students through talks given and articles written by the Senior Ethics Solicitor advising the profession of current ethical topics of interest;

0 monitoring and actively promoting the inclusion of ethics sessions in MCLE seminars and the manner in which large firms deal with ethical issues, in particular the appointment of Ethics partners;

0 formulating a submission to the Council in relation to ethical disclosures (that is, reporting another solicitor's possible misconduct) and the necessary protection of the discloser;

0 finalising guidelines to assist practitioners acting in civil matters for clients who lack legal capacity, through the Client Capacity Issues Sub-committee.

0 considering possible amendments to the Revised Professional Conduct & Practice Rules as arising from individual enquiries including possible amendments to Rules 1, 18, 25, 31, 41 and 42;

0 continuing consideration of guidelines for solicitors acting against self-represented litigants;

0 monitoring the new concept of "Presidential Rulings" offered to members seeking resolution of an ethical issue either on an urgent basis or in circumstances where the member requires protection against possible disciplinary action;

0 considering and recommending publication to the profession of guidance in relation to solicitors' undertakings;

0 considering and recommending guidance to be given to the profession about solicitors honouring obligations to other solicitors particularly in respect of their costs on taking over matters from other solicitors;


0 setting in train a possible review of the tripartite deed suggested some time ago for

use on change of solicitor; 0 considering the draft Ethical Guidelines for Government Lawyers prepared under

the auspices of a sub-committee of the Government Solicitors Committee; 0 considering the position of former judicial or quasi judicial officers resuming prac

tice; 0 continuing to consider and provide guidance on numerous enquiries co~cerning

conflict of interest including responsibilities of in-house Counsel; 0 considering the ethical position of solicitors' duties to the Workers Compensation

Commission; 0 considering provision of unsolicited confidential information in emails to solicitors

and arranging for a warning to be published to the profession; 0 expressing a view as requested by the President on the Commonwealth Legal Aid

Guidelines; 0 consideration of a number of enquiries concerning duty to client versus duty to the

Court and the duty to report serious crimes; 0 giving guidance to several firms in relation to solicitorsforeshadowing that they

will seek orders against other solicitors pursuant to section 198M of the Legal Profession Act arising from amendments pursuant to the Civil Liability Act 200~.

0 commenting on the Code of Professional Conduct drafted by the Union Internationale Des Avocats; and

0 recommending to Council the adoption of Guidelines for So\icitors' Involvement in Commercial Schemes (published in the Law Society journal).

Family Law

2002 membership: R Benjamin (Chairman), T. Altobelli, S. Christie,]. Dobson, S. Hale, L. Henderson, M. Ireland, P. Lewis, M. Linden,]. Longworth,]. Lynch, S. Mordaunt,]. Ryan, D. Searle, R Sexton, D. Vale,]. Walker, M. Bowman (Responsible Officer).

2003 membership: R Benjamin (Chairman), T. Altobelli, S. Christie, S. Hale, A Harland, L. Henderson, T. Khan, P. Lewis, M. Linden,]. Longworth, S. Mordaunt, A Parkin,]. Ryan, R Sexton,]. Walker, M. Plastiras (Responsible Legal Officer).

The role of the Family Law Committee is to represent the Law Society of New South Wales and its members in all matters relating to the practice of family law in New

South Wales. The Committee: 0 seeks equity and practicality in developments and change affecting the practice of

family law; 0 seeks legislative amendment and development of effective practice and procedure

in family law, where appropriate; 0 advises Council on developments and legislation in family law relating to policy 0 informs the Society and members of developments and legislation affecting family

law policy, practice and procedure; 0 encourages the timely delivery of court judgments; 0 provides a forum for discussion of matters relating to family law; 0 liaises with government, relevant Courts, and organisations regarding develop

ments in family law; and 0 promotes quality practice in family law.

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Committee activities include: 0 Proposed Law Reform/Legislative Amendments:

0 Financial Services Reform (Consequential Amendments) Bill 2002 re solicitors' certificates of independent advice;

0 Family Law Rules 2004; 0 Resources for Family Reports and Family Report List; 0 Review of Family Violence Policy of the Family Court ; 0 Review of the Property (Relationships) Act 1984 - NSW LRC Discussion Paper

44; 0 The Changing Face of the Expert Witness- Family Court Discussion Paper; 0 Family Court Practice Guidelines for the Representation of Children; 0 supported proposed establishment of Magellan Project in NSW; 0 DNA testing of children; 0 Regulation of Lawyer and Client Costs in Family Court Proceedings; 0 development of National· Guidelines for Practitioners in liaison with Law

Council of Australia; 0 appointment of two Family Law Federal Magistrates for Sydney CBD; 0 Project Mercury; 0 Self-represented Litigants - comment provided on the interim report; and 0 Court dress of solicitors in the Family Court

0 Significant initiatives: 0 Case Management and Pretrial Conferences- survey of profession; 0 Sydney Registry - filing and processing; and 0 provision of support for Family Law practitioners

0 Education of the profession: 0 Development of an e-newsletter to advise family law practitioners of new devel

opments in family law; 0 Various notes/articles prepared for the profession on Hague Convention on the

Protection of Children 1996 - Family Law Amendment (Child Protection Convention) Bill 2001; Conduct Money; and Expert Evidence;

0 Amended Family Court forms; 0 Court dress; 0 Biennial fee increase; 0 Binding Financial Agreements and Interest on Monies ordered to be paid; 0 Trial Notice Directions and Family Report Summaries; 0 Hearing Fee Payment at Pre-trial Conferences; 0 Superannuation; 0 Liaison/Meetings:

0 Family Court Forum; 0 Family Court Judges & Profession Liaison; 0 Family Court Profession Liaison; and 0 Federal Magistrates Liaison.

0 Committee Appointments: 0 Legal Aid Commission of NSW- Family Law Sub-committee.


Fidelity Fund Management

2002 membership: G. Salier (Chair), M. Curran, J. Eades, V. Higinbotham,

C. Joyce, J. McPhie, R Williams, B. Woolf.

2003 membership: G. Salier (Chair), W. Colman, M. Curran, J. Eades, R Everett,

V. Higinbotham, C. Joyce, W. Readford, R Williams.

The function of the Committee is to administer the Solicitors' Fidelity Fund in the exercise of powers delegated to it by the Council of the Law Society of New South Wales.

The Committee carried out the following activities during the year: 0 met on 12 occasions to consider and determine claims made against the Fund,

recoveries and matters relating to the Fund's management; 0 determined 101 claims worth $8,690, 851.04, of which 82, for a total amount (includ

ing interest) of $8,370,980.83 were allowed, partly allowed or settled and 19 claims were totally disallowed. $319,870.21 was the net amount disallowed after adjusting for claims disallowed in previous years and then reconsidered and settled or allowed this year;

0 recoveries during the year amounted to $6,422,193.59; 0 on 30 June 2003, there were 94 undetermined claims against the Fund (involving

23 solicitors or firms) amounting to $7,717,179.19, compared to 78 undetermined claims totalling $7,433,099.69 the previous year;

0 claims outstanding involve $5.5m regarding three solicitors (being a total of 58 claims); The remaining 20 solicitors are the subject of claims for $2.2m;

0 the total paid to claimants during the year was $10,637,018.79, comprising principal of $9,443,796.82 and interest of $1,193,221.97, involving claims in respect of 25 solicitors;

0 new claims received during the year totalled $8,260,573.64; 0 provision for claims is $5,923,876 which comprises claims being investigated but

not yet determined. In addition, there are contingencies of $7,427,690. This amount comprises claims which are considered unlikely to be successful, disallowed claims which are the subject of appeals on which judgment is awaited and other matters of which the Society is aware, but about which no claim has been lodged;

0 all allowed claims for failure to account have been paid at 100 cents in the dollar; 0 solicitors' contributions to the Fund for the 2002/2003 year were $495 per solicitor

if required to contribute, other than corporate solicitors, whose contributions were $345. This was a reduction from the contribution for 2001/2002 of $645 per solicitor if required to contribute;

0 in all matters which have been the subject of paid claims during the year, the defaulting solicitor has been bankrupted or recovery action has been undertaken or commenced, except in four instances where proceedings are being considered

and in one instance where the Committee has agreed not to take any further action.

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Government Solicitors

2002 membership: K Cull (Chair), H. Bell, C. Dobraszczyk, P. Duffy, R Felton,

C. Girotto, W. Grant, C. Guillan, J. Jackson, M. Linkenbagh,]. Mum, B. Row,

M. Richardson, S. Govindasamy (Executive Member).

2003 membership: K Cull (Chair), H. Bell, G. Bowman, P. Duffy, E. Espinosa,

R Felton, C. Girotto, C. Guillan,]. Jackson, M. Richardson, G. Ross, B. Row, L. Ryan,

G. Williams, B. Neil & R Davies (Executive Members).

Mission statement: To provide for government solicitors a higher profile, increased professional development and a strengthened role in the Law Society.


D preparation of the "Guidance on Ethical Issues for Government Solicitors"; D organisation of the Government Lawyers' CLE Convention and Dinner; D presentation of the Excellence Award in Government Legal Service; D publication of three issues of the "Government Lawyer" newsletter to all NSW pub

lic sector solicitors and community legal services; D continued liaison and support of the Commonwealth Association'of Public Sector

Lawyers, interstate and international government legal groups; D sponsored two delegates (Patrick Duffy and Jo,nathon Hunyor, Human Rights and

Equal Opportunity Commission) to attend the CAPSL Seminar and the

Commonwealth Law Conference in Melbourne;

D continu~d the development of a strategy to establish a national forum for Government lawyers;

D organised bi-annual meetings for the Heads of Government Legal Departments;

D provided lunchtime/ evening CLE seminars on issues of specific relevance to government lawyers; and

D presented the John Edmund Hennessy Travelling Fellowship.

Human Rights

2002 membership: P. Wright (Chair), L. Buckingham, K Crilly, S. Fliegner, ]. Fogarty, R Funston, A Goodstone, E. Harrison, A Macpherson, R Martin,

E. Palmisano, M. Rabsch, J. Wong, S. Arcus (Executive Member).

2003 membership: S. Jarrett, (Chair), K Ellinson, J. Fogarty, E. Harrison, D. Cudmore, A Macpherson, R Martin, R Saibi, R Salpeter, R Wilson, S. Arcus

(Executive Member).

The Committee's mission is: D to promote equality before the law and in the legal profession;

D to provide an information/ education base for the legal profession with respect to

issues of human rights, and to receive the views of the legal profession with respect to issues of human rights;

D to consider reform proposals and draft legislation with respect to issues of human rights and to advise the Law Society Council on proposed changes;


0 to consider Law Society Council policy with respect to issues of human rights and formulate new policy when appropriate, anticipating needs arising from economic, political, professional and social change;

0 to recognise the needs and expectations of the legal system of people of nonEnglish speaking backgrounds and to consider the practice of law and the delivery of legal services in the light of those needs;

0 to recognise the needs and expectations of the legal system of people living in rural and remote areas and to consider the practice of law and the delivery of legal services in the light of those needs; and

0 to recognise the needs and expectations of the legal system of Aborigines and Torres Strait Islanders, to take necessary action to facilitate their access to legal services and to develop, in consultation with appropriate organisations and communities, programs which will provide positive assistance to Aborigines and Torres Strait Islanders in the legal system.

The Human Rights Committee maintained a watching brief over human rights issues as they arise including the following areas: 0 Aboriginal and Torres Strait Islander access to justice and rights and promotion of

the legal profession's involvement in the Reconciliation process; 0 close monitoring and focus on separation of powers, judicial discretion and

independence and Federal and State government interference with the separation of powers;

0 gene technology including the protection of human genetic information; 0 human rights of prisoners; 0 asylum seekers, especially in relation to mandatory detention of children and to

the legal and administrative framework in which applications are processed; 0 discrimination including age of consent and transgender issues; 0 rights of the elderly and the disabled; and 0 Australia's obligations under international law in respect of human rights.

The Committee conducted the following activities during the year: 0 submission to Law Council- Stoning in Nigeria; 0 submission to Senate - Changes to HREOC; 0 submission to Law Council- proposed United Nations Convention on Disabilities; 0 submission to Law Council- response to Israel's issue with universal jurisdiction; 0 submission to Federal Attorney-General- Federal Age Discrimination proposals; 0 submission- Joint inquiry into protection of human genetic information; 0 submission to Commonwealth Attorney-General- Anti-Discrimination Amendment

Bi112002; 0 submission to NSW Attorney-General - Sex Discrimination Amendment Bill; 0 submission to Union des Avocats International- Regarding International Criminal

Bar; 0 submission to NSW Inquiry into Equal Age of Consent; 0 submission on proposed amendments to the Anti-Discrimination Act 1977; 0 submission to National Native Title Tribunal - regarding effectiveness after 10

years; and 0 submission to Inquiry into Progress Toward National Reconciliation.

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Immigration and Administrative law

2003 membership (inaugural): G. Ramensky, (Chair), L. Ajuria, D. Bite!,

L. D'Arnbra, N. Goodman, M. Kah, K Malyon, A O'Donoghue, J. Rickard, B. Slater, M. Tarrant, S. Arcus (Executive Member).

The inaugural meeting of the Committee was in January 2003.

The Committee had two main areas of focus in the immigration area: 0 The Profession and Practice

0 regulation of the profession; 0 improving customer protection measures and ensuring the industry adheres to

ethical standards; 0 contributing to the enhancement of industry professionalism, including investi

gating the current arrangements for continuing education; 0 examining and advising on industry regulation powers, including the adequacy

of those powers; and 0 reviewing the relationship between the Law Society and the Migration Agents

Registration Authority. 0 Non-practice issues

0 these include immigration law in Australia and the Australian visa and temporary visa system, as well as people in detention and Australia's mandatory detention policies. Some of this may involve liaison work with the Human Rights

Committee.

The Committee kept a watching brief on administrative and constitutional law. It produced two major submissions in the first half of 2003: 0 Submission to Migration Agents Registration Authority (general issues); and 0 Submission to Migration Agents Registration Authority- Information booklet 0 It also produced a Submission to Senate Inquiry into Ministerial Discretion in

Migration Matters.

Industrial Law

2002 membership:]. Catanzariti (Chair), R Baragry, P. Brown, S. Jarrett, R McCallum, W. McNally, P. Murphy, N. Napper, K Parker, M. Paul, R Pegg, S. Penning, P. Punch, P. Riordan, G. Robertson, C. Staff, S. Terpstra, B. Williamson, A Woods, A . Levine, B. Moss (Responsible Legal Officer).

2003 membership: ]. Catanzariti (Chair), R Baragry, P. Brown, L. Kepars, W. McNally, P. Murphy, N. Napper, K Parker, R Pegg, S. Penning, P. Punch, G. Robertson, C. Staff, M. Tooma, S. Vass, A Woods, L. Walker (Senior Legal

Officer).

The functions of the Committee are, without limiting the area of review of industrial law, to consider issues relating to occupational health and safety and employment as well as federal and state legislation and awards.



0 review of Industrial Relations Act 1996- submission; 0 Industrial Relations (Annual Leave) Amendment Bill- submission; 0 Guide to Employment in the Legal Profession - published in conjunction with

Young Lawyers; 0 review of Contract for Sale of Business - in conjunction with Property Law

Committee (ongoing); 0 Solicitors certificates under section 198L of the Legal Profession Act- representa

tions to the NSW Dept of Industrial Relations; 0 Practice Direction 9 - filing of disks - representations; 0 Chief Industrial Magistrates User Group - representations for reconvening the

group; 0 CLE Industrial Law Seminar to be held August 2003 - arranged jointly with the

Specialist Accreditation; 0 proposals relating to the management of Unfair Dismissal cases- submission; 0 Section 106 Special Fixture Running Lists ~various submissions; 0 electronic filing in the Local Court Industrial Matters - discussed with Chief

Magistrate; 0 the conduct of interviews during investigation of potential breaches of the OH&S

Act- representations to Work Cover; 0 development of a Guide about inappropriate workplace behaviour- ongoing liaison

with the EEO Committee and Young Lawyers; 0 Industrial Relations Commission of NSW User Group- ongoing liaison; 0 NSW Office of Industrial Relations - ongoing liaison through its representative on

the Committee; and 0 published various articles to educate the profession, for example "Warning

Concerning Federal Court Decision", "Changes to the Industrial Relations Acf', "Transmission of Employment on Change of Business".

Litigation Law and Practice

2002 membership: P. Johnstone (Chair), S. Fernandez, N.Goodman, M. Hodges, K Kearley,]. Mathieson, A McMurran, B. Miller, P. Oomens, S. Paras, R Persaud, A Saxton, D. Searle, A Sullivan, I. Tunstall, C. Wood, R R Balachandran (Responsible Legal Officer), M. Bowman (Committee Secretary).

2003 membership: P. Johnstone (Chair), C. Ghassemian, M. Hodges, R Ishak, H. Macken,]. Mathieson, A McMurran, B. Miller, P. Oomens, S. Paras, R Persaud, J. P. Redmond, A Saxton, A Sullivan, I Tunstall, C. Wood, R R Balachandran (Responsible Legal Officer), M. Bowman (Committee Secretary).

The functions of the Committee are to: 0 advise the Law Society Council of matters affecting the law, practice and conduct

of civil litigation; 0 advise the Law Society Council on improyements to the present system of litiga

tion; 0 to work with key stakeholders to encourage the creation of a single set of rules for

the Supreme, District and Local Courts; 0 to facilitate the creation of a wider electronic interface with the Courts, and to

encourage greater use of this interface by solicitors, including assisting the Attorney General's Department's working party on the CORTS project and partici-

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pating in the conduct of pilot and other tests, and commenting on documentation and procedures;

0 suggest reforms which will reduce the costs of civil litigation; 0 examine and prepare submissions where required on civil litigation, law reform

proposal from the various law reform bodies and other services; 0 liaise with the Rules Committees of the various Courts to suggest reforms to rules

and procedures; 0 suggest reforms which will reduce the cost of civil litigation by monitoring the cost

oflitigation and making relevant submissions to the Government on issues such as filing fees and other Court costs, and participating in various Court Users' Groups and liaison committees; and

0 liase with other Committees of the Law Society and relevant outside bodies to carry out its functions competently.

The Committee conducted the following activities during the year under review: 0 Submission made to the Chief Justice that there should be two separate schedules

of interest rates applicable, one for section 94 and another for section 95 of the Supreme Court Act. Interest claimed up to judgment should reflect more closely the commercial rates whereas interest on judgment debts could be mqre flexible It was further submitted that interest rates should be reviewed more frequently by the Supreme Court Rules Committee to ensure that the rates of interest in both schedules reflect the current economic circumstances;

0 submission made on the Report by the Public Accounts Committee on the Inquiry into Court Waiting Times to the Chairman, Public Accounts Committee, NSW Parliament;

0 ALRC Discussion Paper No. 65: Civil and Administrative Penalties in Australian Federal Regulations- submission to the ALRC supporting the issues raised in the Discussion Paper;

0 Federal Court: Harmonised Bankruptcy Rules for the Federal Court and the Federal Magistrates Service- submissions made to the Federal Court on the draft Rules proposed;

0 Courts Legislation Miscellaneous Amendment Bil12002: 0 submissions made to the Attorney General on Electronic Case Management and

various miscellaneous amendments contained in the Bill; 0 submissions to the Chief Judge, District Court, recommending the creation of a

professional negligence list in the District Court; 0 submissions to the Chief Magistrate recommending changes to the Time

Standards Plan and, Witnesses' Statements and other issues arising from the various Practice Notes applicable in the Civil Jurisdiction;

0 review of the Administrative Decisions Tribunal Act - submissions made to the Attorney General;

0 Corporations Law - submission to the Federal Attorney General suggesting amendments to sections 588FF and 588FGA;

0 Local Courts: Security Protocol- submissions made to the Chief Magistrate on the draft Protocol;

0 proposal for new fees and charges in the NSW Courts - submissions made to the Attorney General opposing the proposal;

0 Supreme Court: recommendation made to the Rules Committee suggesting amendments to the certificate to be filed under section 198L (2) of the Legal Profession Act;


0 District Court: submissions to the District Court opposing the proposal to reduce time within which defendants may file cross claims;

0 regular submissions during the year to the various Rules Committees on suggested amendments to the Rules;

0 Court Users' Committee: the Litigation Law and Practice Committee has representation on most of the Users' Committees of the courts which and has made suggestions for reform; and

0 the Committee's Chairman has been appointed to the Attorney General's Working Party for a single set of court rules and procedure which met on a weekly basis for the drafting of rules and forms.

The Committee continues to reply to inquiries from members of the profession on various aspects of litigation and changes to the rules and regulations.

Medico-Legal Liaison

2002 membership: T. Stern (Chair), L. Cantril!, B. Cassidy, R Heinrich, W. Madden, M. Shalovsky, A Took, K White/T. Baldassarre (Responsible Legal Officers).

2003 membership: T. Stern (Chair), L. Cantrill, R Heinrich, W. Madden, D. Mockler, M. Shalovsky, A Took, T. Baldassarre/R Balachandran (Responsible Legal Officers).

The functions of the Committee are to: 0 consider, review and resolve disputes between medical arid legal practitioners in

the area of medico-legal relations as they affect clients/patients 0 help resolve disputes between doctors and solicitors over the provision of medical

reports, attendances under subpoena and the payment of related fees; 0 consider the need for representations and submissions on proposals for legislation

on matters of health law; and 0 consider the need for any expansion or clarification of principles and practice

agreed to in the Restatement of Medico-Legal Relations.

The Committee conducted the following activities during the year: 0 review of the Schedule to the Restatement of Medico-Legal Relations; 0 resolved disputes related to the issue of subpoenas at short notice and the associ

ated costs of compliance; 0 review of the amount chargeable for photocopying documents for the production

of subpoenas; 0 consideration of the principles relating to the entitlement to payment of witnesses'

expenses, including standby and cancellation fees; 0 conciliated medico-legal complaints against solicitors referred by the Legal

Services Commissioner; and 0 considered the Health Privacy Guidelines.

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Membership

2002 membership: D. Searle- Chairperson (Councillor), P. Ferguson, D. Humphreys, S. Jarrett (Councillor), E. Lynch, T. McMahon, G. Ross, L. Sawicki, K Smith, S. Ward (Executive Member).

2003 membership: M. Curran - Chairperson (Councillor),]. Catanzariti (Councillor), P. Ferguson, D. Humphreys, T. McMahon, Y. Miller, C. Munk,

G. Ross, L. Sawicki, K Smith, E. Trumper, S. Ward (Executive Member).

The functions of the Committee are to: D issue practising certificates and monitor compliance with conditions on practising

certificates; D monitor compliance with Mandatory Continuing Legal Education requirements; D make recommendations to the Legal Practitioners Admission Board regarding

applications for exemption from Practical Legal Training (PLT), applications for admission and Rule 45A applications (notification of changes to PLT programs from accredited institutions); and

D consider and review Law Society policy on membership issues from time to time.

The Committee conducted the following activities during the year: D considered and reviewed Law Society policy o~ membership issues; D commenced investigation of enhancing ethics education via the Society's

Restricted Practice Guidelines and also the Practice Management Course. This matter was referred to the Membership Committee by Council and the investigation is in progress;

D considered applications for exemption from PLT; D considered applications for admission as a legal practitioner by persons qualified

outside Australia and New Zealand under the Legal Practitioners Admission Rules

1994; D considered conditions imposed upon practitioners struck off or with cancelled prac

tising certificates and returning to practice; D considered Practice Management Course exemptions and variations, and autho

rised the Practice Management Course Audit; D considered applications for accreditation to provide the Practice Management

Course for 35+ partner firms; D lifted restrictions and considered applications for the variation of the two-year peri

od of restricted practice; D considered applications for unrestricted practising certificates by practitioners who

have not held a practising certificate in previous two years; D considered applications for practising certificates by barristers; D considered applications by persons practising without the correct type of practising

certificate and applications to back-date practising certificates: D considered applications for practising certificates by new admittees; practitioners

admitted under the Mutual Recognition Act, the Trans-Tasman Mutual Recognition Act and practitioners who have been out of practice for the previous two years;

D recommendations to Council on refusal or suspension of practising certificates; D considered rulings on the Guidelines; D authorised the MCLE audit; D considered MCLE exemptions and variations;


0 considered extensions of time for MCLE; 0 considered non-compliance with MCLE; and 0 noted the deaths of members.

Office of State Revenue Liaison

2002 membership: B. Smith/M. Hole (Co-Chairs), P. Achterstraat, P. Callaghan, M. Corbin, N. Deveson, R Giannone, B. Gillam, F. Giuseppe, P. Green, A Johnston, P. Johnson, J. Loxton, T. McCarthy, N. Moses, T. Newbury, I. Phillips,]. Seve, C. Smythe, T. Withers, M.Quirey/B. Moss (Responsible Legal Officer).

2003 membership: B. Smith/M. Hole (Co-Chairs) P. Achterstraat, A Farrell, R Giannone, R Gillam, P. Green, P. Johnson, A Johnston,]. Loxton, T. McCarthy, I. Phillips,]. Seve, P. Wiseman, L. Walker (Responsible Legal Officer).

The functions of the Committee are to: 0 deal with government revenue legislation and policy; 0 contribute to the work of the Office of State Revenue (OSR) in relation to draft rev

enue rulings, guidelines, policy issues and related activities such as duties, Jand tax, payroll tax and other revenue streams; and

0 represent the interests of the profession and the community through liaison with OSR regarding OSR administrative practices, policy initiatives and legislative/regulatory activity.

The Committee addres~ed the following during the year: 0 prepared written submissions and commented on draft revenue legislation and

series of draft revenue rulings; 0 facilitated the exchange of views and proposals between the Law Society and the

OSR by means of reports, including standing items on duties administration and tax rewrites;

0 commented on payroll tax and land tax issues including OSR procedures; 0 reviewed and monitored draft rulings and exemptions pertaining to refinancing of

securities; 0 commented on proposals by the OSR on electronic commerce and the impact on

practitioners; 0 liaised with OSR regarding facilities and stamping time turnaround at the OSR's

Hunter Street offices; 0 liaised with OSR on matters to be addressed in current reviews of the Duties Act,

Taxation Administration Act and Fines Act; 0 ongoing monitoring of the implementation of the effects of the Intergovernmental

Agreement between the Commonwealth, States and Territories;

0 GST on purchase price on sale of land agreement; 0 duty payable on Retirement Village Agreements; 0 Payroll Tax Amendment (frust Distributions) Regulation; and 0 guidelines under section 281 of the Duties Act 1997 and draft Revenue ruling.

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Online Services

2002 membership:]. Dobson (Chair), L. Aaron, P . .Argy, E. Broderick, A Calvin, D. Giles, A Levine, P. Macalister, ]. Mcintyre, A Perry, A Rogers, S. Scott, ]. Simpson, R Walker, S. Kay (Responsible Legal Officer).

2003 membership:]. Mcintyre (Chair), L. Aaron, P . .Argy,]. Dobson, U. Doyle, B. Kremer, P. Macalister, A Perry,]. Pritchard, A Rogers, S. Scott, C. Valentine, A Zycki, R Pilling (Responsible Legal Officer).

Mission statement: To encourage the adoption and use of electronic communication services by and for the legal profession.

The functions and objectives of the Committee are to: 0 provide information, education, advice and direction on technology matters for

members; 0 alert Council of the Law Society to IT issues requiring development of Law Society

policy; 0 identify IT issues that the profession should be made aware of and which would be

of benefit to members; 0 recommend and oversee development of online services to be delivered by the Law

Society; 0 provide and promote standards and guidelines in relation to technology and online

services; 0 communicate and foster technological collaborative arrangements with the wider

legal community; 0 when invited, respond to technology initiatives that originate outside the Law

Society but which have an impact on Law Society members; 0 give priority to consideration of any matters specified in the 2003 Business Plan and

such matters as may be referred to the committee by the Council, President or Chief Executive Officer from time to time; and

0 report promptly to the Council on all matters and business in respect of which it exercises the powers delegated by Council.

The Committee conducted the following activities during the year: 0 provided a breakfast seminar for practitioners on Land and Environment Court and

Federal Court e-Callover systems; 0 oversaw suggested improvements to the website from members; 0 oversaw the implementation of a pilot project to send email newsletters to members

on particular areas of law; 0 kept a watching brief on the Land and Property Information's electronic lodgement

projects; 0 kept a watching brief on security and authentication issues;

0 liaised with the Attorney General's department, individuals and organisations involved in or associated with electronic technology;

0 some members of the Committee attended related outside committees to assist in the proposed adoption of electronic lodgement of court documents in all jurisdictions and, in particular, the NSW Attorney General's CORTS project; and

0 maintained a watching brief on the progress of planning and implementation of the CORTLink project.


Personal Injury

2002 membership: G. Adelstein, B. Belling, B. Cassidy, M. Concannon, G. Daley, T. Goudkamp,]. Hall, G. Keating, C. Lazzarotto, D. Mockler, G. Patterson, S. Radnan, F. Simpson, M. Stack, T. Stem, A Stone, C. Vandervord, G. Woolley, R Leeder (Responsible Legal Officer).

2003 membership: K Cull (Chair), R Bryden, B. Cassidy, M. W. Concannon, G. Daley, R Everett, T. ]. Goudkamp,]. Hall, S. Harris, M. Holz, P. Hunt, G. M. Keating, C. Lazzarotto, F. Masselos, B. Moroney, G. Patterson, B. Sharkey, T. Stem, A Stone, C. A Vandervord, G. Wooley, R Leeder (Responsible Legal Officer).

The functions of the Committee are to: D ensure that the interests of both the legal profession, and those of injured persons,

are recognised and protected generally. Many interests may arise within the context of common law claims for negligence, including claims against health care professionals and local councils, and also within the workers compensation and motor accidents schemes;

D monitor the operation of both the Courts and Government's Tribunal system, 'and make submissions where appropriate, to ensure that the rights of parties involved in personal injury matters are upheld;

D suggest the necesssary amendments, and make submissions where appropriate, to take into account the impact of GSI', and other taxes, on both costing arrangements and the mode of damages receipt for personal injury matters; and

D monitor changes, arid make submissions where appropriate, in relation to related areas oflaw.

The Committee carried out the following activities during the year: D submission to Justice Clarke regarding allowable legal costs in workers compen

sation matters; D submission to the Premier on Workers Compensation (Further) Amendment

(Costs) Regulation 2001; D submission to Minister Costa regarding proposals for a unitary system of tort law; D submission to the Attorney General regarding proposed Workers Compensation

rules; D submission to the Attorney General regarding proposed closure of Raymond

Terrace Court House; D submission to the Attorney General and the Shadow Attorney General regarding

the Victims Compensation Bill 2003; D submission to the Attorney General and the Special Minister of State regarding the

transitional provisions of the Workers Compensation (General) Amendment (Work Injury Advertising) Regulation 2003 and the Legal Profession Amendment (Personal Injury Advertising) Regulation 2003;

D discussion with Opposition regarding the proposed office of the Regulator General; D submission, in conjunction with the Law Council, in relation to TR2002/D13 Bill

2002; D submission to the Government and Members of Parliament regarding the Civil

Liability Amendment (Personal Responsibility) Bill 2002;

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0 submission to the Parliamentary General Purpose Standing Committee No. 1 on workers compensation issues; and

0 submission to all Parliamentarians on the issue of the retrospective commencement of the new civil liability.

Property Law

2002 membership: J. Mcintyre (Chair), K Blance, D. Bluth, A Cahill, S. Chalabian, P. Cornelius, G. Engle:field, R Fox, M. Hole, N. Moses, J. Osborne, P. Rosier, D. Shaddock, K Gardner, C. Xuereb, L. Booth (Responsible Legal Officer).

2003 membership: J. Mcintyre (Chair), K Blance, D. Bluth, A Cahill, P, Cornelius, G. Engle:field, R Fox, M. Hole, J. McClung, 1. Osborne, P. Radan, G. Ramensky, P. Rosier, D. Shaddock, J. Simpson, C. Xuereb, L. Booth (Responsible Legal Officer).

The functions of the Committee are to: 0 provide prompt, accurate, specialist advice to the President and Council of the Law

Society on conveyancing practice/property law; 0 act as an expert in the resolution of disputes referred to the Committee under the

Conveyancing Dispute Resolution Scheme; 0 keep the Society and its members informed of developments in conveyancing prac

tice/property law; 0 assist members of the Society to be aware of, understand and apply changes in con

veyancing practice/property law; 0 represent the Society in relation to proposed legislative or policy changes in con-

veyancing practice/property law; 0 provide a forum for the discussion of conveyancing/property law issues; 0 initiate and/ or suggest reforms in conveyancing practice/property law; and 0 liaise with government departments, quasi-government bodies or private organisa

tions in relation to the development and/ or discussion of conveyancing practice/property law.

The Committee conducted the following activities during the year: 0 determination of disputes under the Conveyancing Dispute Resolution Scheme; 0 review of the style, format and content of the Law Society copyright Contracts for

Sale of Land and Lease; 0 participation in a Working Party (in conjunction with Industrial Law and Business

Law Committees) to review the Contract for Sale of Business; 0 monitoring the acceptance of the Law Society Protocol for the Settlement of

Conveyancing Transactions, and performance of banks and finance providers; 0 facilitation of an electronic conveyancing system free from fraud and abuse; 0 representation on the 1 oint Body on Uniformity of Property Laws and Procedures; 0 facilitated section 149 Planning Certificate reform; and 0 provided advice to the 1 oint Law Society /Real Estate Institute Working Party on a

residential property transaction protocol for solicitors and real estate agents.

The Committee also prepared submissions in relation to: 0 review of the Strata Schemes Management Act (National Competition Policy); 0 report on the reform of section 149 Certificates;


0 Bills of Sale Act 1898; 0 Strata Schemes Management Amendment Act 2002; 0 Conveyancing (Sale of Land) Amendment (Occupation Certificate) Regulation

2003; 0 Duties Act 1997; 0 Qualification Requirements for the Property Sector; 0 Home Building Amendments (Building Consultation Work) Regulation 2003; 0 Conveyancers Licensing Bill 2003; 0 Property Stock and Business Agents Regulation 2003; 0 Electronic Lodgement and Registration of Dealings (ElARD) Pilot Project; and 0 Office of Fair Trading - advertising by licensed conveyancers.

Rural Issues

2002 membership:]. McPhie (Chair),]. Boag, R Bowen-Thomas, S. Frazer, B. Goodall, F. Green, P. Moffitt, A Palmer, G. Scott, W. Thompson, B. Moss (Responsible Legal Officer).

2003 membership:]. McPhie (Chair),]. Boag, G. Dunlevy,]. Eades, B. Goodall, F. Green, P. Moffitt, A Palmer, M. Rose, G. Ryan, W. Thompson, P. Waters, B. Moss (Responsible Legal Officer).

Mission statement To represent the Law Society of New South Wales and its rural practitioners in matters of particular interest to rural legal practices and rural communities.

The functions of the Committee are to: 0 keep the Law Society and its members informed of developments regarding the

operation of the laws relating to rural land titles and conveyancing practice and procedure;

0 keep the Law Society Council informed of any practice issues relating to rural practitioners;

0 represent the Law Society in lobbying government in relation to legislative proposals and policy changes involving rural issues;

0 initiate and develop communication channels with government instrumentalities and relevant industry associations as appropriate and provide a forum for the discussion of rural legal issues;

0 assist the profession and the community in regard to rural land law; 0 initiate and develop projects activities and events to assist in the understanding of

changes in the rural legal environment; 0 liaise with all relevant government and quasi government instrumentalities to

achieve objectives; 0 establish task forces and sub-committees to deal with specific specialist projects as

they arise;

0 consider the areas of law which affect the rural legal profession and community in the light of existing legislation court decisions and developments in rural practices;

0 provide advice on rural legal issues and the profession to the law Society Council; 0 maintain communications with relevant rural business orientated bodies to pro

mote, retain and establish new legal business opportunities for our membership; and

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0 respond to new government legislation and initiate submissions to Ministers which recommend appropriate amendments to legislation and regulations to overcome difficulties and defects in laws affecting rural legal practices and rural communities.

The Committee conducted the following activities during the year: 0 provided assistance to practitioners regarding rural conveyancing; 0 drafted and published Rural Issues Handbook for the profession; 0 highlighted CLE courses relevant to rural legal practice; 0 continued involvement in the implementation phase of the Water Management Act

2000 by facilitating the complex transition from the licensing provisions of the Water Act 1912;

0 a Committee member represented the Law Society on a Peak Stakeholder Reference Group convened by the Department of Land and Water Conservation;

0 convened Water Sub-Committee for implementation of the Water Management Act; 0 monitored the introduction of the Regulations and consequential amendments,

including the registration of water licenses and stamping agreements relating to water rights; alerting solicitors to the practical issues and the application of the changes (for example, to conveyancing practice, property transactions, wills);

0 convened the Annual Rural Issues Conference; 0 continued review of the standard land contract concerning rural practice and pro-

cedure; 0 reviewed and updated rural requisitions on title; 0 attended meetings with WorkCover in relation to Deemed Premiums; 0 lobbied other industry associations on common legal issues relating to rural pro

fessiont;U practices; 0 published articles in the Law Society journal which were of particular relevance and

interest to rural practices; 0 liaised with Land and Property Information NSW in regard to the registration sys

tem to be introduced for the new Water Management Act Regulations; and 0 liaised with New South Wales Farmers Association in regard to the efficient deliv-

ery of legal services to rural communities. The Committee prepared submissions in relation to: 0 Water Management Act 2000 0 Real Property Act 1900; 0 Liens on Crops Wool and Stock Mortgages Act 1898; and 0 WorkCover Deemed Premiums. 0

The Law Society of New South Wales ACN 000 000 699

170 Phillip Street Sydney NSW 2000 DX 362 Sydney Phone (02) 9926 0333 Fax (02) 9231 5809 www.lawsociety.com.au

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Annual Report - Parliament of NSW...Annual Report The Law Society of New South Wales ACN 000 000 699...

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Transcript of Annual Report - Parliament of NSW...Annual Report The Law Society of New South Wales ACN 000 000 699...