President’s Report

Rebecca Lee

President, The Law Society of Western Australia

Welcome to the August edition of Brief.

In the Noongar seasonal calendar, August is the start of Djilba or “first spring”. It is a transitional time of the year and is considered by Noongar people as the season of conception, or the growing season. It is characterised by some very cold and clear days, along with warmer, rainy and windy days and the occasional sunny day.

This transitional quality of the seasons is also reflected in the world around us. A new federal government has come into power, led by Prime Minister Albanese, who recommitted to the Uluru Statement from the Heart during the Welcome to Country ceremony at the beginning of the first day of the 47th Parliament sitting. Reflecting on this transitioning period, we have a special feature, “Listening to First Nations Voices”, with a foreword written by Kelsi Forrest, a proud Wadjak Baladong Mineng Nyungar, who is a Law Society member and sits on the Society’s Indigenous Legal Issues Committee. She points out that we as the legal profession have an important role in acknowledging the impacts of our history and particularly the way in which the law worked as a vehicle for many atrocities to occur. “Listening to First Nations Voices” covers a wide variety of topics which serve to reflect on the past and take learnings from it, but also look to the future for First Nations peoples, as we look to a referendum to decide the Indigenous Voice to Parliament enshrined in the Constitution.

Incidentally, the Noongar Season ‘Djilba’ is represented by the colour pink as it symbolises growth of wildflowers and plants, and is also the theme colour of our special feature. In this transitional period, we have an important opportunity for growth, and I hope you find the special feature inspiring and thought-provoking, as we hear, and learn from, brave First Nations’ voices.

Thank you for Renewing your Membership

The new membership year commenced on 1 July. A strong showing of over 4,000 members having already renewed provides great confidence for the year ahead. The Society will work hard to continue to be a solid supportive association providing you with targeted benefits to help you grow personally and professionally across your career journey. We also have more than 3,500 members with the exclusive added benefit of free CPD, as a result of renewing their membership before or on 31 July 2022.

I thank you for your membership renewal and the Society looks forward to supporting you this year. Spring CPD Programme

The new Spring CPD Programme has recently been released with an extensive range of quality seminars and webinars now available on the Law Society website. Hear from expert presenters such as Alain Musikanth SC, State Coroner Rosalinda Fogliani and Sue Chrysanthou SC, as they discuss matters of interest in their practice areas in the legal field. In addition to substantive law, you can Learn how to deliver a meaningful Acknowledgement to Country, or contemplate the future of the criminal trials with new and topical CPD events being organised every week. Legal Profession Uniform Law

Western Australia joined the national Uniform Law scheme on 1 July 2022. This event was a tremendous milestone in the expansion of the Uniform Law scheme, and a significant step towards the goal of Australia having a national legal profession under a national regulatory regime. The scheme is now operative in respect of 75 per cent of the legal profession in this country.

We have been pleased to see that our website’s Legal Profession Uniform Law hub has been a useful resource for members. While seasons change, two things remain constant: continuous changes in and to our profession, and the Society’s commitment to keep you informed, prepared and supported.

To assist practitioners, the Law Society and Law Mutual (WA) have drafted generic templates for Client engagement Agreements, in the form of a client engagement letter, for litigated and transactional matters that represent good practice management and should also comply with costs disclosure obligations provided they are properly completed, and the practice satisfies itself that the client understands the services it will provide and at what cost. For more information on costs and billing and other important resources, visit the website here. This edition of Brief also features an informative article by Kellie Woods, Managing Associate from Dentons Australia, providing helpful tips to reduce the risk of costs assessments, cost disputes and the reductions of fees in the costs assessment and costs dispute process. See page 36 for details.

Advocacy

Since the last edition of Brief, Committee meetings have continued as per usual, with a mixture of in person and zoom attendance which has been a hallmark of meetings since the beginning of the COVID-19 pandemic. Although Council did not meet in July, many matters have been progressed at the Committee level and the August Council is set to have an action-packed Agenda. Policy matters which the Society is actively considering include:

Prohibitions on Conditional Cost

Agreements under the Uniform

Law

Inadequacies in Federal Court

Cost Determinations

Comments on Australia’s

Humanitarian Programme

The preferred model for a Federal

Parole authority

A submission to the review of the Commercial Tenancies (Retail

Shops) Agreements Act 1985 (WA)

The system of mediation in estate dispute matters. A number of Committees have also bolstered their membership and leadership with the appointment of new passionate and eminent lawyers as members, Chairs or Deputy Chairs. The Committees do important work, and the time and expertise our members volunteer is much appreciated.