Annual Report 2020/2021 by taslawsociety

ANNUAL REPORT 2020/2021

The Law Society of Tasmania To be presented at the Annual General Meeting of the Law Society of Tasmania on 15 October 2021 28 Murray Street

P : 03 6234 4133

Hobart, TAS, 7000

E : info@lst.org.au

DX 111, Hobart

W : www.lst.org.au

Annual Report 2020/2021

Your Society

The Law Society of Tasmania provides professional services, resources, support and benefits to its members and the legal profession in general. The Law Society of Tasmania has two major functions. The first is as a regulator of the legal profession of the State of Tasmania. The second is to provide services to its members to assist in maintaining high standards of practice in the Tasmanian legal profession.

The services offered to LST Members are designed to assist the provision of timely and effective delivery of legal services. Hence, the LST has focussed on areas such as education, indemnity insurance and risk management. The LST also provides a counselling service to members and a range of other personal and practice related benefits.

Annual Report 2020/2021

Index

• Law Society Council 2020/2021..........................4 • Committees 2020/2021......................................6 • The Society’s Nominees on Other Bodies..........9 • Associated Bodies..............................................10 • President’s Report..............................................11 • Treasurer’s Report.............................................14 • Report of the Prescribed Authority

2020/2021- Presented to the Legal Profession Board................................15

• Committees Report............................................21 • Practitioners and Firm Statistics.......................38 • Financial Report 2020/2021.............................39

Annual Report 2020/2021

2020/2021 Council Members

Trevor McKenna* President

Simon Gates* Vice President

Amanda Thompson* Treasurer

Philippa Willshire

* Indicates membership of the Executive Committee

Philippa Willshire

Carey Higgins

Julia Higgins *

Alison Wells

Robert Hegary

Crystal Garwood *

Kirsten Siejka

Will Justo

Evan Hughes

Rohan Foon

Amber Cohen

Helen Bassett

Ian Arednt

Annual Report 2020/2021

2020/2021 Council Members

Annual Report 2020/2021

Committees 2020-2021 The Law Society Council 2020 – 2021 President

T J McKenna

Vice-President S D Gates

Hon Treasurer A M J Thompson

Council

I Arendt (S), H Bassett (N-W), A Cohen (N), R Foon (N), S Gates* (N-W), C Garwood* (N-W), R Hegarty (N), C Higgins (S), J Higgins * (N), E Hughes (N), W Justo (S), T McKenna* (S), K Siejka (S), A Thompson* (S), A Wells (S), P Willshire (S) (*Executive Committee Member)

Executive Director L O Rheinberger

Deputy Executive Director F Saturno

Law Council of Australia Director R Foon

Annual Report 2020/2021

Committees 2020-2021

Northern Regional Committee

W M Griffiths [Chair], P J Lebski [Secretary], S P Bishop, R J Brown, J L Byrne, C N Dockray, C J Foon, R Foon, B Frake, J M French, C Gibson, J C Kitto, S B McElwaine SC, F V Moore, R M Murray, S Pratt, R Reid, C L Schuh, B Sproal, A Trezise, G Tucker, T J Whyte, R A Hart

Southern Regional Committee

I Arendt, C Higgins, W Justo, T McKenna, K Siejka, A Thompson, A Wells, P Willshire

North-West Regional Committee

A Mihal (Chairperson and Secretary), S Gates, E James, H Bassett, C Garwood, C Purcell, A Edwards, S Hoskins

Criminal Law Committee

I Arendt [Chair], J Crotty, D Loganathan, R Mainwaring, C Scott, K Siejka, P Slipper, S Wright

Litigation Committee

E Hughes [Chair], A Buckley, E Burrows-Cheng, A Cordova, S Gates, E Hickey, R Hudson, S McCullough, L Taylor, A Thompson

Property & Commercial Law Committee

W Justo [Chair], D Bailey, A Bobbi, J Cameron (part-year), C Garwood, R Jorgensen (part-year), H McCracken, A Logan, A Kostezky, S Perraton, T Tierney

Employment, Diversity & Inclusion Committee

A Higgs [Chair], C Green, N Marzella, S Manning, A R Mills, H Pill, J Sabapathy, A Wells,

Solicitors’ Accounts Rules Committee

P Kuzis [Chair], R Foon, E James, S Law, A N Morgan, K Stevens

Annual Report 2020/2021

Committees 2020-2021 Continuing Professional Development Committee T McKenna [Chair], C Higgins, R Hudson, P Slipper, H Bassett

Elder & Succession Law Committee

A Wiss [Chair], G Groom, J French, K McLagan, K Martin, C Topfer, VD Murray, S Llewellyn

Pro Bono Referral Service

T Dargaville [Chair], C Bookless, B Cassidy, C Higgins, J Hutchison, P Slipper, K Starkey

Family Law Committee

M A Ryan [Chair], L Connelly, L Mollross, S Rofe, P Theobald, K Wylie, D Harper, Z Dwyer, M Scolyer

Wellbeing Committee

S Gates [Chair], C Scott, H Farquhar, R Irwin, O Fisher, S Harris, E White, C Mackie, M Williams, K Induni

Young Lawyers’ Southern Committee

S Ashby, L Ringwaldt [Co-Presidents], E Burrows-Cheng [Treasurer], R Holbrook [Secretary], G Morris [Communications and Social Media Officer], Z Dwyer [CPD Officer] Members: H Jones, J Farmer, A Sawyer, A Robinson-Herbert, C Denehy, J Madden, T Slatyer, S Harris, S Griffin, M Scolyer

Young Lawyers’ Northern Committee

T McCourt [President], A Wells [Vice-President], J Stewart [Secretary], I Patch [Treasurer], A Clarkson [Social Function Coordinator], B Kurdistan [Sponsorship and Marketing], A Pemberton [CPD SubCommittee], A Goss, L Lim, L Binns, , M Hills, G Keid, V Geason, M Whittle, T Drew [general committee members]

Young Lawyers’ North-West Committee

C Purcell [President], A Scott [Vice-President], D Allen [Secretary], A Cawston [Treasurer], C Tregurtha [CPD Co-ordinator]

Representative on the National Young Lawyers’ Committee C Purcell

Annual Report 2020/2021

The Society’s Nominees on Other Bodies Board of Legal Education L Mason SC, M E O’Farrell SC, L O Rheinberger [Secretary]

Law Council of Australia – Legal Practice Section Australian Law Management Group – Executive Committee F Saturno

Law Council of Australia – Legal Practice Section Australian Property Law Group – National Committee A Bobbi

Law Council of Australia - Environment and Planning Law Group J Feehely

Law Council of Australia - Finance and Risk Committee R Foon

Law Council of Australia – Rural, Regional & Remote Committee C Garwood (Co-chair)

Legal Aid Commission M Verney

Council of Law Reporting S Thompson

Law Foundation of Tasmania

T McKenna [Chair], C Garwood, N R Readett, L O Rheinberger [Secretary]

Centre for Legal Studies

M Rapley, A Smith, A Thompson, L O Rheinberger [Secretary]

Solicitors’ Trust P Kuzis, D Wallace

University of Tasmania Law Faculty Teaching and Learning Committee A Edwards, A Higgs [part year]

Legal Profession Board of Tasmania G Jones, A Mihal

Annual Report 2020/2021

The Society’s Nominees on Other Bodies

Associated Bodies Family Law Practitioners’ Association of Tasmania

J Higgins [Chair], L Mollross [Vice-Chair South], J Hamilton [Vice-Chair North West], S Hunt [Secretary], T Freeman [Treasurer], M Scolyer, S Dalwood, S Harris, E Schulz, H Bassett, C Burns, A Lydon, K Mussared, R Murray, C Jacobs, K Starkey

Tasmanian Women Lawyers

J Sabapathy [President], A Kostezky [Vice-President], G McDonald [Membership Officer], A Burnell, K Heap, A Robinson-Herbert, L Sundram, A Van Dongon, K Krushka, A Sawyer, L Kelleher, S Mead, R Irwin, S Holloway, D Tan, J Madden, E Stone, V Dawkins, L King Roberts, G Robinson, Z Donnellan, E Wardrop, M Morris

Annual Report 2020/2021

President’s Report Tasmanian legal profession. They also make clear that Tasmanian’s trust, value, and rely on the many and varied services our profession provides. Our profession in Tasmania is comprised of an almost equal composition of male and women lawyers. We are becoming a more diverse profession too. I am proud to say we are striving to ensure our profession is one where people can bring their whole selves to work knowing they are part of a profession that is all encompassing. Against this background, and in recognition of the work still required to be done, during this reporting period the Council of the Society and its various committees and working groups devoted considerable time to several initiatives and actions focused on equality, inclusion, and wellbeing. For example, the Society: •

Published a formal written Position Statement about sexual harassment, workplace bullying and unlawful discrimination.

•

Revised its CPD Practice Guideline to intrdouce a fifth mandatory category of CPD: ‘Equality and Wellbeing’.

•

Mandated sexual harassment and workplace safety training. This has been achieved by imposing as a condition of practicing certificates, the requirement to complete (at no charge to members) the Society’s sexual harassment and workplace safety training program.

•

Establishled the Wellbeing Committee.

•

Amended the Society’s Committee’s Charter to ensure committees are comprised of a broad cross section of our Tasmanian profession.

•

Commenced developing a new framework for the Society’s Senior Practitions Panel to include assistance in areas of health and wellbeing.

It is with pleasure that I present the 2020/2021 Annual Report of the Law Society of Tasmania (the Society). The Annual Report is our report card to the profession and to the community on the important work of the Society, its goals, and its financial circumstances. Although the coronavirus disease (COVID-19) has been less prominent in Tasmania, resulting in fewer restrictions and greater freedoms, our profession has nevertheless built on the efficiencies and synergies developed earlier last year in response to COVID-19. During this reporting period the Society granted 797 practising certificates and the 103 firms operating trust accounts across Tasmania processed $9.5 billion in trust receipts. These numbers highlight the continued growth of the

As part of our ongoing commitment to good governance and maintaining aspirations responsive to the needs and interests of our members, we have published in this annual report, the Society’s Strategic Plan for 2021 to 2024.

Annual Report 2020/2021

Our revised purpose places an emphasis on innovation, excellence and integrity and the vitality of the Tasmanian legal profession, set against six strategic objectives. Complementing the Society’s Strategic Plan, the Wellbeing Committee is in the final stages of developing a Wellbeing Strategic Plan that will emphasise and build on equality, inclusion, and wellbeing within the Profession. Both Strategic Plans have embedded within them the Society’s ongoing commitment to deliver innovative services that not only supports members but elevates and promotes the Tasmanian Profession as a leader amongst its peers.

and implement a Protocol enabling concerns to be raised about the conduct of Tasmanian Judges and Magistrates. •

Over several months the Society advocated for the allocation of Judges to the Federal Circuit and Family Court of Australia (as it is now known). This culminated in the allocated of three Judicial Officers to that Court.

•

Ongoing advocacy and representations to Government in response to the wellrecognised and existing backlog of criminal trials in Tasmania. In addition to this, the Society has implemented a policy granting a rebate to practicing certificates granted where the PC holder undertakes 50% or more criminal law work. We have a small number of practitioners undertaking criminal law work. Those practitioners are hardworking, highly skilled and devoted practitioners. Much of the work they do is legally aided. The rate paid to those lawyers is well below what we consider reasonable and for some it’s simply not commercially viable. It is on this basis the Society is committed to supporting the growth of the criminal law practice area.

•

Hosting the Attorney-General for Australia and Minister for Industrial Relations the Senator the Hon Michaelia Cash to share with the Attorney General the achievements of our profession and to inform her of the projects and initiatives happening across the state.

For me, as the Society’s 57th President much of my time has been devoted to ongoing advocacy and stakeholder engagement on behalf of the Society. That stakeholder engagement has been through a combination of written advocacy and face to face meetings. Stakeholders are many and varied including, for example Tasmanian’s Attorney-General, Minister for Justice and Minister for Corrections; the Tasmanian Department of Justice; the Federal Attorney General, the Legal Profession Board, Tasmania Legal Aid, University of Tasmania, Centre for Legal Studies, and the Law Council of Australia. We enjoy a strong relationship with our key stakeholders. This is evidenced by them actively seeking our authoritative views and opinions on law reform and access to justice issues. The following is a brief snapshot of some of the Society’s work: •

Approximately 40 speaking opportunities with media resulting in the Society’s views being published in print media or broadcast on radio or television.

•

In the absence of an excess from the Solicitors Guarantee fund, successfully advocated for alternative funding from the Tasmanian Government to support Community Legal Services, the Law Library, and the Duty Lawyers scheme.

•

Engaging with the Tasmanian Government about the allocation of judicial resources and funding for facilities especially in relation to the implementation of the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020, the relocation of the Burnie Courts precinct, and the closure of the Smithton Court.

•

The Society collaborated with the Tasmanian Bar, the Supreme Court and Magistrates Court to develop

This reporting period has been a productive and successful one for the Society. That success is made possible thanks to the 16 members of the Society’s Council, our 9 specialist Committees and the activities of each regional Young Lawyers Committee. The members of Council and our committees volunteer considerable time, effort, and expertise during the reporting year to assist the Society accomplishing its policy, regulatory and functional responsibilities. I would like to acknowledge and thank each member of Council and our committees for their commitment and contribution that ensures the Society’s success.

Annual Report 2020/2021

The Society’s annual financial statements for the year ending 30 June 2020 once again demonstrate the Society’s strong financial position as a result of astute decision making and forecasting against projected revenue and current market uncertainty. The important work of the Society, its successful achievement of goals and financial performance is greatly assisted by the stewardship of the Society’s Executive Director Luke Rheinberger. Supporting Luke, Council and each of our committees is the Society’s Deputy Executive Director and staff. I commend Luke and our entire team for their dedication to our organisation and membership. I wish to place on the record my gratitude to the members of the Society, to Council, my executive committee, our committees, and the Law Society staff for their guidance and support assisting me in discharging my duties as President of the Society. It has been an absolute honour to represent the Tasmanian legal profession over the past 12 months and to have the opportunity to conclude this role by presenting this year’s annual report to you.

Trevor McKenna PRESIDENT

Annual Report 2020/2021

Treasurer’s Report a corresponding decrease in expenditure for this line item also. The Investment Committee of Council is comprised of the Treasurer as Chair, the President, Vice President and the immediate past President. The Investment Committee has had limited opportunity to invest funds while interest rates remain incredibly low. The Society continually strives to maintain a balance of achieving a positive financial result and providing quality services to its members. Overall, this is a great result for the COVID-19 period and the Society remains in a very strong financial position. Thankyou to the Society’s accountant Bruno Palermo, Collins SBA, the Executive Director, Luke Rheinberger, the Deputy Director, Francesca Saturno, the Society’s administrative staff and the Investment Committee for their assistance throughout the year.

Amanda Thompson TREASURER

On behalf of the Law Society of Tasmania I present the Society’s annual financial statements for the year ending 30 June 2020. The Society is the Prescribed Authority under the Legal Profession Act (Prescribed Authorities) Regulations 2018, made under the Legal Professions Act 2007. In my commencement in the role of Treasurer COVID-19 restrictions were still only beginning to ease and many questions regarding the financial stability of practice were being asked. Regardless of the uncertain times we live in the Society has maintained a strong financial position. The Society has recorded a surplus of $45,727. This is a very pleasing result and is due largely to practitioner numbers remaining buoyant since the COVID-19 pandemic. The income for 2020/2021 comparative to 2019/2020 rose slightly. The income derived from the provision of continuing legal education has decreased from the previous year, which is to be expected with the increase of education provided online and sourced interstate. However, there was

Annual Report 2020/2021

Annual Report of the Prescribed Authority 2020/2021 Presented to the Legal Profession Board of Tasmania It is with pleasure that I present this report to the Legal Profession Board of Tasmania (the Board) pursuant to Section 653(3) of the Legal Profession Act 2007 which requires the prescribed authority, to prepare and present to the Board a report on its operations for the previous financial year.

Overview

Along with New South Wales, South Australia and Queensland, the Tasmanian legal profession operates under a co-regulatory model. The Board is charged with overseeing complaints and discipline and the prescribed authority has responsibility for the regulation of practising certificates and trust accounts. External intervention is a shared responsibility. The appointment of an investigator of a law practice or a supervisor of trust money is the responsibility of the prescribed authority, whereas the appointment of a manager or receiver for a law practice is the responsibility of the Board. The Legal Profession (Prescribed Authorities) Regulations 2018 commenced on 9 July 2018, replacing the 2008 version. The regulations appoint the Law Society as the prescribed authority for the purposes of some 129 separate parts of the Act. They include: a. Regulation of practising certificates, including grant and renewal, the imposition of reasonable and relevant conditions, the amendment, suspension and cancellation of practising certificates b. Maintaining a record of incorporated legal practices c. The regulation of trust accounts d. The appointment of investigators to law practices e. The appointment of supervisors of trust money to law practices. The Board is the prescribed authority for five parts of the Act. For purposes of this report the term ‘prescribed authority’ refers to the Law Society.

Funding of the Prescribed Authority

The functions of the prescribed authority form part of the operations of the Law Society. Those functions are funded entirely by the Tasmanian legal profession, ostensibly by the payment of practising certificate fees.

Practising Certificate Regulation

A major role of the prescribed authority is the granting of new practising certificates and the annual renewal of existing certificates. The renewal process begins in May with renewal applications sent to individual practitioners. On its return each application is reviewed. The majority of applications are renewed by the Executive Director under delegated authority. Any application that discloses a suitability issue, a failure to comply with continuing professional development requirements or is an application for the first time granting of a principal practising certificate is considered by the Council of the Law Society.

Annual Report 2020/2021

The following classes and numbers of practising certificates were issued under the Act in the period 1 July 2020 to 30 June 2021:

Principal

202

Employee

360

Barrister

Corporate

Government

Locum

Community legal centre

Volunteer

Total

797

Section 41 of the Act states that an Australian lawyer engaged under the State Service Act, by a state, territory or commonwealth instrumentality, a local council or in a state or territory statutory office is taken to hold for the purposes of the Act and that employment, a practising certificate as a legal practitioner. The above figures therefore do not include practitioners who fall within section 41 including practitioners employed in the Office of the Director of Public Prosecutions, the Solicitor-General and the Tasmania Legal Aid.

Practising Certificate Conditions

All practising certificates are subject to conditions requiring compliance with continuing professional development obligations and requiring notice to the Law Society of a change of practice or residential address. Conditions specific to each class of certificate in 2020-2021 were as follows: •

Principal No additional conditions.

•

Employed Practitioner The holder of the certificate is not entitled to and must not practice as a legal practitioner as either as a sole practitioner or in partnership with any other legal practitioner or as a Director of an incorporated legal practice.

•

Barrister The practitioner is entitled to practice as a barrister in Tasmania subject to compliance with the Legal Profession Act 2007.

•

Corporate The practitioner must not engage in legal practice otherwise than by providing in house legal services to a corporation by which the lawyer is employed or to a related body corporate.

•

Government The holder of the certificate must not engage in legal practice otherwise than as a government lawyer engaged in government work. The holder of the certificate cannot be a Director of an incorporated legal practice, a partner of a legal firm or a legal practitioner in private legal practice.

Annual Report 2020/2021

•

Community Legal Centre The holder is not to receive or hold any money of for any client. The holder is not to recover costs for the community legal centre for any client or any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges received shall immediately be paid to the credit of the community legal centre.

•

Locum The practitioner is eligible to practice as a locum practitioner only.

•

Volunteer The certificate entitles the practitioner to engage in legal practice only as a volunteer at a complying community legal centre. Whilst acting in a voluntary capacity the practitioner: i.

Is to act only for clients of a complying community legal centre

ii. Must have professional indemnity insurance pursuant to a policy approved by the Law Society iii. Is not to receive or hold any money for any client iv. The practitioner is not to recover costs for the community legal centre from any client or from any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges so received shall immediately be paid to the credit of the community legal centre Additional Conditions The Law Society has the power to impose practising certificate conditions which are reasonable or relevant – section 56(2) of the Legal Profession Act 2007. In the relevant period additional conditions were imposed as follows: •

Four sole practitioners were subject to a condition appointing a mentor and additional conditions required regular meetings with that mentor as well as regular reporting to the Society. Two of those four practitioners were subject to a condition that a report from the Society’s trust accounting examiner be provided within certain time frames.

•

A number of principal practitioners had a condition imposed that the practitioner was not authorised to receive trust monies. That condition does not relate to the honesty of the practitioner but is an acknowledgement that the practitioner does not intend to operate a trust account and requires further training before being authorised to do so.

•

One practitioner had a condition imposed that he obtain CPD points in excess of those required by Practice Guideline No. 4.

•

Two barristers had extra conditions imposed. Each was required to undertake the essential trial advocacy course. In addition one was required to undertake a further 10 hours of education training pursuant to an education plan approved by the President of the Tasmanian Bar.

Regulation of Trust Accounts

Most, but not all law practices in Tasmania operate a trust account. Trust money is money entrusted to a law practice in the course of or in connection with the provision of legal services. Part 3.2 of the Legal Profession Act deals with trust money and trust accounts. Obligations relating to trust accounts are also in part 3 of the Legal Profession Regulations 2008.

Annual Report 2020/2021

The major obligation of the Law Society is to ensure that trust money is held by law practices in a way that protects the interests of persons for or on whose behalf that money is held. Every law practice that holds money in its general trust account must undergo an annual trust account examination by an authorised examiner. For some years all trust account annual examinations have been carried by the one examiner authorised by the Law Society. Use of the one trust account examiner ensures a consistency in approach to examinations and that the examiner has the relevant expertise and knowledge of legislative requirements. This has led to a marked improvement in compliance levels. Each examiner’s report is provided to the Law Society. Reports identify any breaches of the relevant Act or Regulations, any unsatisfactory practices and make general recommendations regarding the operation of the trust account, including appropriate best practice risk mitigation strategies. The Law Society expends not inconsiderable resources in undertaking its statutory duties as the regulator of trust accounts. A trust account administrator is employed under the supervision of the Executive Director. The administrator’s role is to manage the administration of trust accounting reporting requirements including checking and recording quarterly returns with regards to the designated deposit account, the review and analysis of all external examination reports and reviewing other documents lodged with the Law Society such as the notification of irregularities, and the opening or closing of trust accounts. The Law Society provides firms with online resources including an administration calendar and relevant forms. In addition, the Law Society’s authorised trust account examiner is retained to provide advice as and when needed to law practices or prospective law practices. Such advice may include advice of a technical nature or providing information as to the appropriate practice management/trust accounting system for a particular firm. Cybercriminals targeting law practices continues to be of concern. The Law Society has made and will continue to make law practices aware of the risks and provide education and resources in how to deal with those risks. Trust account examinations relate to a calendar year. The following information therefore relates to the 2018, 2019 and 2020 calendar years;

Year

2018

2019

2020

Number of firms with trust accounts

104

106

103

Number of trust receipts

108,314

108,112

104,793

Total amount of trust receipts

$9.2 billion

$9.7 billion

$9.5billion

Amount held on trust at 31 December

$145 million

$175million

$208.5million

Amount held on investment at 31 December

$100 million

$76 million

$68.5million

Incorporated Legal Practices

An incorporated legal practice is a corporation that engages in legal practice in Tasmania. An ILP is required to have at least one legal practitioner director. Before a corporation engages in legal practice in Tasmania it must give to the Law Society written notice, in an approved form of its intention to do so. There are now 53 Tasmanian law practices operating as ILP’s. The Board is the prescribed authority for purposes of section 130 of the LPA – audit of incorporated legal practices, section 132 – banning of incorporated legal practices and section 133 – disqualification from managing an incorporated legal practice.

Suspension or Cancellation of a Practising Certificate

There were no suspensions or cancellations of practising certificates in the relevant period.

Annual Report 2020/2021

Solicitors Conduct Rules

Under Part 3.1 of the Act, the Prescribed Authority may make rules relating to legal practice. On 1 October 2020 the Legal Profession (Solicitors’ Conduct) Rules 2020 (SCR) commenced. The Rules are modelled on the Australian Solicitors’ Conduct Rules that operate in New South Wales, South Australia, the ACT, Queensland and Victoria. The Tasmanian jurisdiction has traditionally relied on common law obligations to largely regulate the ethical obligations of legal practitioners. The new rules are largely based on those established common law principles. The SCR are broken into the following Divisions: • • • • •

Fundamental duties of solicitors’ Relations with clients Advocacy and litigation Relations with other persons Law practice management

Generally speaking, the form of the SCR is to prohibit certain conduct and then provide exceptions. Rather than have to search for common law principles and cases, the SCR make a practitioner’s obligations clear for a large number of situations. They include: • • • • • • • • • • •

Delinquent or guilty clients Frankness in court Responsible use of court process and privilege Communication with opponents Communication with witnesses Inadvertent disclosure Communication with another solicitor’s client Lien over essential documents Charging for document storage Dealing with regulatory authority Sharing premises

Rules of Practice 1994

The Rules of Practice were substantially amended on 1 October 2020. Out of 89 current Rules, nine were retained in some form. There were two new Rules.

Rules Retained Rule of Practice 4

Attendance at practice

Rule of Practice 6

Firm names and professional description

Rules of Practice Part 6 – Rules 75 to 77

Indemnity Cover

Rule of Practice 80

Charging of commission

Rule of Practice 88A

Barrister professional indemnity insurance

Rule of Practice 5

See table below

Rule of Practice 81

See table below

Annual Report 2020/2021

Adoption of Four of the Uniform Legal Practice (Solicitors) Rules The following Rules were adopted. Rule of Practice 17

Transfer of a solicitor’s practice – obligations of a solicitor when transferring his or her practice to another solicitor

Rule of Practice 18

Debt collection or mercantile agency – prohibition on misleading use of solicitors’ business name or stationery and obligations when acting for a debt collection or mercantile agency

Rule of Practice 19 (Replacing current Rule 5)

Conducting another business – obligations when conducting another business concurrently, but not directly in association with the conduct of a legal practice

Rule of Practice 20 (Replacing current Rule 81)

Litigation lending – restrictions on the purposes money may be withdrawn from a litigation lending account

It is worthwhile noting that many of the deleted Rules of Practice rules have an equivalent in the SCR.

Growth of the Legal Profession

In July 2021 the 5th National Profile of Solicitors was published. Among other data the report showed that between 2011 and 2020 the number of solicitors in the private profession grew from 448 to 640, an increase of 43%. Such an increase has obvious resource repercussions for the Society and for the Board.

Dealings with the Board

The Law Society dealt closely with the Board in the relevant period. Many issues experienced by law practices and by individual practitioners traverse the regulatory responsibilities of both organisations. The Law Society wishes to thank the Board for its openness and willingness to communicate on matters of mutual interest and benefit to the legal profession in Tasmania. In carrying out its functions as the prescribed authority in 2020-21 the Law Society sought to: • • • • •

Maintain public confidence in the legal profession Safeguard monies entrusted to law practices Ensure that those seeking to enter the profession or renew their practising certificate complied with the relevant character and fitness requirements of the Act Ensure that appropriate conditions were placed on practising certificates Maintain relevant records relating to ILP’s

Should the Board require any further information, please do not hesitate to contact the Law Society.

Yours faithfully

Trevor McKenna PRESIDENT

M 0414 721 696 trevor.mckenna@ogilviejennings.com.au c.c. Attorney-General for Tasmania

Annual Report 2020/2021

Continuing Professional Development Committee The CPD Committee operates slightly differently to many of the other committees of the Society. The other committees of the Society devote a significant proportion of their time to assisting Council in areas of policy and law reform and the Society’s ongoing engagement with stakeholder groups. The focus of this committee is directed predominately to the Society’s regulatory functions as they relate to the mandatory CPD scheme. As such meetings involve consideration of the following:

The Continuing Professional Development (CPD) Committee of the Law Society for the reporting period comprised the following members:

•

Trevor McKenna – Ogilvie Jennings (Chair)

•

Carey Higgins – Land Titles Office

•

Robert Hudson – Butler McIntyre & Butler

•

Peter Slipper – Barrister

•

Helen Bassett – Walsh Day James Mihal

Additionally, the CPD Committee is greatly assisted by Deputy Executive Director Francesca Saturno and the Society’s Professional Development Officer Amal Cutler who are ex-officio members. During the 2020/21 CPD year and despite the challenges posed by social distancing requirements, the Society’s CPD program delivered approximately 83 hours of CPD to members. Much of the planning and delivery of the CPD program is as a result of the work done by this Committee and notably its two ex-officio members.

•

The Society’s CPD policies and practice guidelines.

•

Local, national, and international CPD reform and developments.

•

Member participation and mandatory CPD scheme.

•

Review and assessment of the effectiveness of the Society’s CPD program.

compliance

the

The Committee’s membership comprises practitioners from a broad range of practice areas and experience ideally suited to assessing the effectiveness of the Society’s CPD program and driving the ongoing development and enhancement of the Society’s CPD policies. As noted by me in my President’s report at the start of this annual report, two important highlights for this reporting period involved a revision and revitalisation of CPD as we know it in the Tasmanian Profession. The first important development was the revision of our CPD Practice Guideline to introduce a fifth mandatory category of CPD: ‘Equality and Wellbeing’ that intoduces CPD topics including, for example: •

Awareness training

•

Trauma informed lawyering

•

Family safety and family violence

•

Unconscious bias, Bystander harassment and Bullying

training,

Sexual

Annual Report 2020/2021

•

Mental health

•

Working with people from culturally linguistically diverse backgrounds

•

Sex, Gender and Diversity and the Law

•

Indigenous Issues

•

Staff welfare (including OH&S, staff wellbeing and the law relating to discrimination, harassment and bullying)

and

The second important development was the decision to mandate sexual harassment and workplace safety training. This has been achieved by imposing as a condition of practicing certificates, the requirement to complete (at no charge to members) the Society’s sexual harassment and workplace safety training program. These two developments were made possible through the views and input of the CPD Committee, a special working group of Council and the the EDI Committee. As Chair of the CPD Committee I take this opportunity to thank our immediate past chair Emma White (Simmons Wolfhagen) and each Committee member for their enthuasism and commitment to the work of the Committee.

Trevor McKenna CHAIR

Annual Report 2020/2021

Criminal Law Committee This often required considering the Bills in detail, the impact of the proposed changes and if necessary to formulate a submission in response. The Committee would like to express its gratitude and thanks to Ms Brooke Craven the Department of Justice’s Director of Strategic Legislation and Policy for spending the time briefing and listening to the Committee in respect of these important bills.

For the 2020/2021 reporting period the Criminal Law Committee had 8 members made up of representatives from the private profession, the Bar, Tasmania Legal Aid and State DPP. The Committee chaired by Ian Arendt met on a regular basis to consider a number of issues that arose in relation to the criminal law as it is practised in Tasmania. The more significance and important issues considered by the Committee arose from an invitations extended to the TLS to provide submissions in respect of the following: •

Youth Justices Amendment (Search in Custody Bill 2020;

•

Justice Miscellaneous (Court Backlog and Related Matters ) Bill 2020;

•

Custodial Inspector Amendment (OPCAT) Bill;

•

Amendments to S.8A of the Evidence (Children and Special Witnesses Act 2001;

•

Bail Bill 2021; and

•

Criminal Code Amendment (Judges Alone Trials Bill 2020.

The Committee was also involved in the 2021 Criminal Law Conference which was held in February. Those who attended were the beneficiaries of the combined wisdom and experience of Mr Peter Lavac, Mr Greg Richardson, Mr Grant Blake and Mr Matt Lowe who generously gave up their time to provide practical tips regarding ethics in a trial, cross examination, the psychology of why people do bad things and interpreting and understanding a fire scene as well as an annual review of the criminal law. The success of the conference is reflected in it having been fully booked out beforehand and this would not have been possible without the considerable effort of Amal Cutler and others from the Law Society. On behalf of the Committee I thank them for their efforts. The Committee also acknowledges Luke Rheinberger’s and Tracey Long’s support, hard work and efficiency during the year and finally a thanks to the other members of the Committee who volunteer their time and expertise to assist the Law Society and its members in an important area of the law.

Ian Arendt CHAIR

Annual Report 2020/2021

Employment, Diversity and Inclusion Committee This year’s Employment Law Conference will be held later than usual in the year, and is scheduled for late October 2021. In keeping with the Committee’s key area of focus, the program will feature a range of speakers, both local and interstate, addressing various topics related to sexual harassment. With an increase in the number of allegations of sexual harassment being made across all workplaces and increasing community expectation that complaints will be handled in a sensitive and timely manner, the Committee consider the topic to be one of significant importance to practitioners who are acting or giving advice to employers, employees, and workplaces.

The Committee advocates for diversity and inclusion in the legal profession, as well as continuing to be a representative body for those practising in the area of employment law. The Committee meets monthly and reports to the Society’s Council as well as the Equal Opportunity Committee of the Law Council of Australia. In the 2020/21 Committee Year, the Committee has continued its focus on sexual harassment and bullying in the legal profession. This has included ongoing work with the national Equal Opportunity Committee in the development of a national model sexual harassment policy; ongoing advocacy within the profession for increased training, awareness, and support around the issue; and participation in a multi-stakeholder working group convened by the Legal Profession Board of Tasmania to create a profession-wide, cohesive response to sexual harassment in the profession. The Committee has also provided recommendations on behalf of the LST with respect to proposed changes to the National Model Solicitors’ Conduct Rules and to the National Model Defamation Provisions as they relate to sexual harassment in the workplace or in connection with work.

The Committee is preparing a comprehensive survey of the profession which aims to capture data on a range of topics, including profession demographics, salary, and flexible work practices. The information to be gained from such a survey is likely to benefit individuals as well as the profession as a whole, and the Committee aims to make a habit of conducting similar surveys in future on an annual or bi-annual basis to ensure the available data remains contemporary. Lastly, the Committee is looking forward to working closely with other LST committees including the Wellbeing Committee and the Young Lawyers Committee, to continue to champion causes which are common across our respective areas of focus.

Amelia Higgs CHAIR

Annual Report 2020/2021

Property and Commercial Law Committee Thanks largely to the work of member Ron Jorgensen, the Committee has made a detailed submission about the application and implementation of the surcharge. The surcharge is intended to commence on 1 July 2022 and the Committee has been assured that it will have the opportunity to review the draft legislation once it is available. There has been ongoing dialogue with the State Revenue Office and the Land Titles Office about increasing and improving their published guidance for the profession. Both offices have significantly improved their guidance in recent years with the Committee’s assistance. I would like to thank the staff of the Law Society and in particular, Francesca Saturno. They have always provided excellent support for the Committee and kept it moving forward. The Committee has had a busy year progressing the review of the standard form contract for sale of real estate in Tasmania. What started as a limited “tidy up” has expanded to include a rewrite of the taxation provisions, clarification of the purchaser’s required use condition precedent and vendor warranty, disclosure of the existence of strata schemes, delaying the passing of insurable risk until completion or occupation and providing for the proper method of calculating land tax to be apportioned where a property is not separately assessed. The Committee hopes to have a final draft available for distribution to the profession later this year. In conjunction with the reviewed contract, the Committee intends to issue standardised requisitions and enquiries, including strata scheme requisitions. The Committee has been consulted by the Department of Treasury about the upcoming foreign investor land tax surcharge for residential land.

Alexander Bobbi CHAIR

Annual Report 2020/2021

Wellbeing Committee Fisher, Rebecca Irwin, Craig Mackie, Harriett Farquhar, Suzanne Harris, Merrilyn Williams and Katryna Induni for their dedication and hard work to-date. The Committee has already begun work on strengthening and broadening the work of the Senior Practitioner’s List by increasing the number of practitioners on the List and extending the scope of its work to wellbeing support. I would especially like to acknowledge the hard work of Craig Mackie in this regard. We look forward to launching a dedicated wellness page on the Law Society website in the near future and will shortly begin a review of EAP services offered on behalf of the Society. You can also expect to see a number of other initiatives in the near future.

I am very excited to provide the inaugural annual report of the Wellbeing Committee. The Wellbeing Committee was established by Council earlier this year and we have been fortunate to attract a very talented committee who is enthusiastic and dedicated to our important work. The Committee is nearing completion of its strategic planning process, which will be submitted to Council for consideration and approval shortly. However, it is envisioned that the purpose of the Wellbeing Committee will be to improve the personal wellbeing of the members of the broader Tasmanian legal community by promoting awareness and understanding of wellbeing issues and encouraging positive cultural change through supportive initiatives, programs and tools. It is also hoped that the work of the Committee may improve attraction to and retention of lawyers in the Tasmanian Legal Profession. I would like to thank current members of the Committee Catherine Scott, Emma White, Oona

I would like to thank Luke Rheinberger and everyone at the Law Society that has supported us in getting this new committee off the ground. I would also like to thank Melissa Lyon and Stephanie Karas from Hive Legal for all their great work supporting and facilitating our strategic planning process.

Simon Gates CHAIR

Annual Report 2020/2021

Elder and Succession Law Committee sufficient time for government to embark upon a comprehensive review, the Committee supported the remaking of the regulations as a hold over measure. Remote Witnessing and Signing of Documents Kimberley Martin from the Committee is preparing a paper that summarises the national responses and examines the position in Tasmania. This is likely to form the basis of a submission to government recommending they should commence preparation of legislation now and not wait until a further lockdown.

Practice Issues

The Elder and Succession Law Committee currently has 8 members and meets on average every 6-8 weeks. The Chairperson in the reporting year is Alison Wiss. The Committee has had a very productive and busy year meeting with government departments and writing submissions on legislation and other matters as set out in further detail below.

Law Reform Issues National Register for Enduring Powers of Attorney The Committee prepared a submission to the Attorney-General’s Department on the National Register and also attended several meetings by Zoom. The Law Council of Australia also held a roundtable about establishing a National Register for Powers of Attorney which was attended by members of the Committee. COVID- 19 Electronic Transactions Regulations 2011 In response to the restrictions due to COVID-19, several Australian states and territories introduced temporary, emergency response measures to allow certain documents to be signed electronically and witnessed by audio visual link. In the absence of

Office of Births, Deaths I Marriages Some members of the Committee met with Ann Owen, the Registrar of the Office of Births Deaths & Marriages, a representative from the Australian Funeral Directors Association and several funeral directors in relation to errors commonly seen on death certificates. The Committee is currently working on preparing a best practice protocol for funeral directors to assist with compliance with legislation and in particular in relation to “the senior next of kin”. As a result of the meeting the Department of Premier & Cabinet produced an Information Sheet on “Senior Next of Kin” which is now posted on the Local Government website and has been sent to all Tasmanian funeral directors. Independent Review of the Public Trustee The Committee prepared a substantial submission on this matter to Damian Bugg AM QC and has met with him to further discuss the submission. Guardianship & Administration Amendment (Advanced Care Directives) Bill 2021 A sub-committee of the Committee met with representatives of the Department of Justice to provide initial comments and queries regarding the Bill. The Committee made a formal submission to the Department of Justice on the Bill.

Annual Report 2020/2021

Testamentary Capacity – Capacity Report The Committee has received feedback from geriatricians Dr Cleary and Dr Dunbabin in relation to a draft document prepared by the Committee “Guidance for Medical Practitioners -The Legal Tests for Assessing Capacity”. Both doctors have circulated it amongst their colleagues and agreed that it was a useful tool. The next step is to organise a seminar for the legal and medical professions to discuss the document further. Francesca Saturno and the Chair of the Committee had a Zoom meeting with Dr Kay Patterson AO (the Age Discrimination Commissioner) to ascertain her interest in a future forum regarding testamentary capacity.

Professional Development The annual conference organised by a sub-committee of the Committee and the Law Society was delivered on 27th August 2021. The Conference comprised a combination of virtual speakers from the mainland and speakers in person and had a record attendance. The Committee is most grateful to Amal Cutler of the Law society for her assistance.

Work with Related Organisations National Elder & Succession Law Committee: Kristen McLagan is the Society’s representative on the Committee. Land Titles Office: Members of the Committee have had discussions with the LTO in relation to its position on the national register for Enduring Powers of Attorney and also whether an attorney can resign by lodging a resignation document with it.

Legal Education Kimberley Martin submitted several articles to the Law Letter.

Acknowledgements The Committee welcomed new members Shelby Llewellyn and Victor-David Murray this year. The Committee is grateful to the staff of the Law Society, particularly Francesca Saturno and Tracey Long for

their assistance in preparation of agendas, minutes and correspondence and for their assistance with organisation of CPD Seminars.

Alison Wiss CHAIR

Annual Report 2020/2021

Pro Bono Committe The Committee is always keen to increase the number of available practitioners/firms willing to participate in the Service. If you are interested in assisting, please contact the Committee. Applications to the Service are detailed and lengthy. The Committee would like to acknowledge the valuable support of David Wilson, Naomi Richards and Maria Pappas of the Australian Government Solicitor’s Office, who provide a detailed summary of each application. As Chair, I take this opportunity to thank current and immediate past members of the Committee for their time and dedication. Lastly, the Committee would like to thank Craig Mackie for his wise and calm leadership over the last three years, and also Luke Rheinberger and his team for their efficient administration of Committee business. Individuals, and some organisations, can apply for assistance from the Pro Bono Referral Service. Eligible organisations include ‘not for profit’ or community groups whose purpose is primarily charitable and who can demonstrate a financial need, as well as satisfying other aspects of the eligibility criteria. The Pro Bono Referral Committee recently met in August 2021 for the first time in well over 12 months. Applications were considered by email while the Committee was not meeting face to face. This year the Committee received fifteen applications, compared with eleven last year. These numbers are lower than in previous years, however we are confident this is due to the effect of COVID-19, rather than a downward trend in the need for the Service. The Committee is grateful for the work that so many Law Society members do in providing pro bono assistance as part of their wider professional responsibility. This provides much needed assistance to those who are experiencing hardship and have an eligible legal matter. An award is bestowed annually to a practitioner and/or a firm who have generously provided their time and dedication to this important Service.

Tanya Dargaville CHAIR

Annual Report 2020/2021

Litigation Committee MATTERS CONSIDERED AND UNDER CONSIDERATION BY THE COMMITTEE Formation of a Medico-Legal Working Group

In response to correspondence received from the medical profession the Committee re-established the above working group which is comprised of members of the Committee (Luke Taylor and Amanda Thompson) as well as members and representatives of the medical profession and specialist members of the legal profession. This important working group was established to discuss areas where our professions intersect including personal injuries, family law, criminal law, guardianship matters and where capacity may be an issue. The working group is aiming to develop a draft code of conduct to assist in the management of the areas where our professions overlap. The work of this group has been impacted by the demands covid-19 has placed on the medical profession in particular at this time.

Purpose

The Litigation Committee of the Law Society of Tasmania provides specialist advice to the Society on matters relating to civil litigation. The Committee reviews legislation relevant to the work of practitioners in this broad area of law, seeks to identify areas of reform and improvement within the law as well as assisting in the training and development of litigation lawyers. The Committee’s focus is on providing challenging and worthwhile professional development opportunities to the profession, directed mainly towards more experienced practitioners given that less senior lawyers are assisted comprehensively by the Society’s Young Lawyers Committees. The Committee has its genesis in the Tasmanian Bar Association and brings with it in its current form many of the traditions that were held with that Association as a recognition of that heritage.

Composition of the Committee

Evan Hughes (Chair), Luke Taylor, Alex Cordova, Andrew Buckley, Sam McCullough, Amanda Thompson, Edward Burrows-Cheng, Eve Hickey and Claire Wong.

Scale of Costs (Supreme Court/Magistrates Court)

An area the Committee sees as needing significant reform. The Committee has been working through various models drawing upon those used in other states and federally to develop a scale which is simpler, clearer and more relevant to modern practice. This work is well advanced including conducting hypothetical test taxations on some models. The work is complex and the committee has arranged a workshop day to work though the remaining issues and advance the project to completion.

Standard Form Costs Agreement

Noting that Law Societies in other states have developed and published a standard form costs agreement for the assistance of the profession, the Committee has commenced work in this area also. While only at the early stages, this will also be an item on the agenda at the workshop referred to above.

COVID-19

This has been another challenging year for litigators and the profession generally. The Committee sought feedback on the various technological solutions implemented by the courts in response to those challenges. That feedback was then communicated

Annual Report 2020/2021

to the courts for their consideration. The collective experience of the Committee, the broad range of practice and levels of post admission experience provided excellent insight into the effect of this pandemic on practice and which responses worked, which didn’t and why. We continue to argue for the retention of the technological advancements made by the courts in affording flexibility and accessibility for the profession through the pandemic.

Court Redevelopment

The Committee is actively involved in reviews undertaken by the courts with respect to its physical make up in Hobart, Launceston and on the NorthWest Coast and the way in which those arrangements could best reflect the needs of practitioners in their day-to-day work in light of the challenges presented by the pandemic. We have provided constructive feedback on the Burnie Court relocation and the needs of the profession in operating in that space.

Workers Rehabilitation and Compensation Act/Regulations

The Committee provided detailed advice to the Council of the Society in relation to a number of potentially unjust outcomes arising from the operation of the Workers Rehabilitation and Compensation Act 1988. This included on the question of when costs can be awarded. These issues were brought to the attention of the Committee by members of the profession, and I thank those practitioners who take the time to raise matters with us.

Other

The Committee during the course of the year also considered many other matters relevant to litigators in this state. This included the development of the Tasmanian Civil and Administrative Tribunal, the operation of the Legal Aid Civil Disbursement Fund, the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse, the Right to Information Regulations 2021, the Victims of Crime Assistance Regulations 2010, as well as numerous relevant practice directions, circulars and guidance notes both state and federal.

CPD EVENTS

In keeping with previous years the Committee arranged a virtual litigation conference held between

the 13th of October and the 21st of October 2020 as a series of 5 webinars drawing on the complex and interesting case of Mercanti. Speakers at this conference included Arthur Moses SC, Philip Jackson SC, Marcus Turnbull SC as well as an advocacy interactive workshop with internationally acclaimed advocacy trainer Martia Hunter. This conference delivered a relevant and challenging CPD experience with broad appeal not only to civil litigators but family lawyers and property and commercial lawyers. The case of Mercanti is fertile ground for lessons to be learnt across multiple areas of practice. The feedback received by the Committee from those that attended was extremely positive. The Committee is now working towards the delivery of another excellent conference to be held on Friday 12 November at Crown Plaza Hobart. The programme is another terrific opportunity for litigators to hear from high caliber speakers such as The Hon. J Stephen Estcourt AM on ethics, Mr Shaun McElwaine SC on recent important environmental law decisions in the Federal Court, Mr Craig Hobbs on unlawful death claims and much more. The Conference will be followed by drinks and canapes, before then enjoying dinner together at Aura. The full programme is on the Society’s web site and in the CPD newsletter update. I encourage all interested litigators to book early as numbers are limited.

In Conclusion

As Chair of the Committee I take this opportunity to thank each member of the Committee for the considerable time that they dedicate to its work. All of the members of the Committee carry significant and busy practices and the work they undertake for the Committee is on a voluntary basis. They dedicate themselves to that work in a skilled and professional way.

Evan Hughes CHAIR

Annual Report 2020/2021

Family Law Commitee released before the end of this year. It will provide a touchstone not just for Independent Children’s Lawyers, but all lawyers. Family law has been under intense scrutiny for some years now and debate continues as to appropriate amendments to the Act and the structure of family law. Last month the new Federal Circuit and Family Court of Australia (FCFCOA) began operating. The committee has provided feedback on the draft FCFCOA Rules. New rules and procedures are now in place and the work of the Courts has been restructured; members will take some time to become familiar with the changes. We drafted a submission to the Attorney-General (Cth) on a discussion paper around a new decisionmaking framework for property matters. The committee is comprised of: • Philip Theobald • Louse Mollross • Sally Rofe • Kristen Whylie • Mary Anne Ryan (Chair) • David Harper • Linda Connolly • Meghan Scolyer • Zoe Dwyer The Committee would like to take this opportunity to thank Kate Mooney SC who been a member of the committee for many years and led us as Chair from 2018-2020. Presently, we have a Committee of mixed seniority, given much of our work could be characterised as policy work this has afforded us the opportunity of a variety of views. Appropriate Independent Children’s Lawyer (ICL) standards and guidelines continue to be a focus of the committee’s attention. We have members participating in both Tasmania Legal Aid working groups with respect to Independent Children’s Lawyer and Separate Representatives. Their work is almost complete and will hopefully be

I participated in a roundtable of stakeholders chaired by Law Council of Australia (LCA) president, Jacoba Brasch Q.C. which met to discuss whether a uniform definition of family violence was desirable. It was unanimous agreed such a reform was indeed desirable and would benefit the community and those who are targets of family violence in particular. Were our various jurisdictions able to agree, there would need to be a great deal of preparation by way of training and education to properly give effect to any such amendments. Flowing from the above the LCA has called for feedback on what ought to be included in a uniform definition. The Committee provided detailed feedback to the Council. We understand the LCA will meet in November to consider submissions. The Commonwealth is considering amending the Family Law Act to create Federal Family Violence Orders and a Bill has been circulated. The Committee drafted a submission to provide feedback on the merits of that policy and the provisions drafted. Lastly, the Committee has provided feedback on the amendments proposed to the Family Violence Act (Tas).

Annual Report 2020/2021

We have held two CPD events, firstly, Dr Jacoba Brasch QC spoke on What You Should and Should Not Expect From an ICL. The second took the form of a panel, made up of Philip Theobald, Kate Mooney SC, and Mary Anne Ryan, on mediation very much through an ethics lens. Prior to his elevation, we were grateful to Marcus Turnbull SC continuing to advise the Committee of the general business of the LCA Family Law Section and enabling us to provide feedback where appropriate. In more recent months Trevor McKenna, has joined the Family Law Section and kept the Committee appraised and we thank Trevor for that seamless transition. The Committee continues to work in partnership with the Family Law Practitioners Association to advocate for our members on matters touching on family law and child protection. The Committee notes the retirement of Justice Benjamin. His compassion for the families whose arrangements and futures he was tasked with adjudicating over was ever present and an example to all who appeared before him. We welcome the elevation of Justice McGuire to the Family Court and look forward to the experience of his Honour’s leadership. We acknowledge the extraordinary hard work and commitment his Honour showed in the many months we awaited the appointment of a Judge to replace the void left on the retirement of Judge Baker. Lastly, I acknowledge and congratulate Judge Taglieri and Judge Turnbull on their elevation to the Federal Circuit Court, as has been noted many times their appointments were universally welcomed. It has been a pleasure to begin appearing before their Honours.

Mary Anne Ryan CHAIR

Annual Report 2020/2021

Southern Young Lawyers Committee afternoons in lieu of the more formal lunch time meeting. These events were and continue to be well attended and provide an opportunity for a more relaxed forum in which we can share our experiences and provide guidance and support to one another. We encourage practitioners from all levels of the profession to attend these events going forward to mingle with younger lawyers and share their experiences and insights. Often times being a “leader” for young lawyers – as early career lawyers ourselves – feels like a hapless undertaking when we ourselves experience the same struggles as our peers. In any event, we were particularly encouraged by how well attended our three major social events were, especially by students/graduates of the Tasmanian Legal Practice Course, which we made more effort to engage with, and continuing the buddy system of years past.

In 2021 the Southern Young Lawyers Committee have resurfaced for a year of growth and good times after the belly flop that dampened 2020. Still, we acknowledge on behalf of all young lawyers (perhaps all lawyers?) that good times are fleeting and the year has not been without its challenges. Our initiative at the start of our Presidency was that we would streamline the operations of the Committee by implementing our own digital transformation. This allowed us to do away with most of the lunchtime meetings, opting to meet quarterly in the hope that by taking the minimalist approach to running a committee of lawyers, we will paradoxically be able to maximise the level of engagement with SYLC and young lawyers generally. We’re proud to say that our gamble has paid off, and we would like to thank the Committee for all their efforts and contributions this year, and for trusting us to make these changes. We introduced regular social drinks on Thursday

With a slight change of format, the Easter Long Lunch (formerly known as Summer Long Lunch) was a resounding success, with numbers not seen in years, as too was our mid-winter Quiz Night (congratulations to the criminal law team from Legal Aid for beating out the DPP team in an epic battle of consciences) and the Golden Gavel (congratulations to Ali Sawyer for taking out the title and for representing Tasmania in the national competition). Our CPD program continues to struggle in terms of coming up with new and original topics that are relevant to the profession. We encourage senior practitioners who observe common shortcomings amongst early career practitioners to consider reaching out to the committee to share their knowledge in the form of a CPD event in 2022. That said, we are still immensely proud of our CPD program and the events we hosted were a resounding success. We would like to acknowledge the ongoing efforts of our CPD Officer Zoey Dwyer, as well as all of the speakers and presenters and the team at the Law Society who made our events possible. As the first port of call for many young lawyers, we receive generalised complaints about working

Annual Report 2020/2021

conditions and poor pay in many firms, and the ongoing bullying and harassment behaviours of practitioners – young, old and in between. We understand that many would-be complainants still don’t make complaints or speak out for fear of reprisal, and actual perpetrators continue and have no cause to reflect upon their behaviour. We hope to continue to work collaboratively with the profession to address this crucial problem, ramp up our advocacy efforts in this space and commit to calling out and stamping out bullying and harassment within the profession. After all it is nice to be nice to one another, and we don’t think that is an unreasonable expectation to hold. We acknowledge the efforts of the Law Society President Trevor McKenna and the newly formed Wellbeing Committee in trying to rein in unacceptable behaviour within the profession. We hope that this will have a true and lasting impact over the next years, as we make efforts to usher in a more conscientious, diverse, open-minded and empathetic critical mass of legal practitioners in Tasmania.

Scott Ashby and Lewis Ringwaldt CO-PRESIDENTS

Annual Report 2020/2021

Northern Young Lawyers Committee

Meet and Greet. It was fantastic to see such strong attendance, and to be able to showcase the truly unique nature and collegiality of practice in the North to our newest colleagues. The Committee has done a brilliant job of reengaging with the profession which is evident in the increased engagement at all our events, social and otherwise. Our ability to integrate and welcome new practitioners into the social fabric of practice in the north is testament to the important role the Committee plays in providing a support network for junior practitioners as they transition in practice, in what is often a new and unfamiliar environment. It also speaks to the friendly and inclusive nature of our practitioners at all levels, who go above and beyond to welcome new faces into the fold.

2021 has been a fantastic year for the Northern Young Lawyers. We entered the year on the back of COVID-19, having lost significant institutional knowledge with the departure of several longstanding members. However, the 2021 Committee was more than up to the challenge. Our social events have been incredibly successful, with strong attendance from practitioners young and notso-young alike. Legal Aid Tasmania was able to narrowly break Douglas & Collins’ winning streak at our annual quiz night. The introduction of a mid-year long lunch into our social calendar was a huge success and will be something we look to include on our social lineup in years to come. As the warmer weather approaches, we still have our upcoming Cocktail Night and end of year long lunch to look forward to. Our capable CPD Sub-Committee led by Alexander Pemberton was responsible for producing a stellar CPD lineup. Due to the increased uptake of streaming, we have been able to offer our CPD events to a statewide audience, which has significantly increased attendance and participation at our events. Financially, this has placed the Committee in good stead, and will ensure that the bar fridges at Staffordshire House are well stocked into the foreseeable future. The Committee also formally welcomed a number of new practitioners to the profession at our annual

Throughout the year we have had some movement, with our Social Coordinator Audrey Clarkson departing earlier in the year to relocate to Hobart. Audrey’s tireless efforts in relation to our events, particularly our Quiz Night, helped contribute to one of our most successful years in terms of our social calendar. More recently, our former Treasurer, Isabelle Patch also made the move south. Isabelle’s diligent financial reporting, contributions to the Committee generally, and her involvement in the northern profession over the past few years will be sorely missed. We wish Audrey and Isabelle all the best in their new ventures. The Committee also extends their gratitude to Hannah Phillips and Lucy Flannigan for their contributions to the Committee throughout the year, in particular their hosting of our annual quiz night. The Committee would also like to thank our event sponsors Rae & Partners, Douglas & Collins and Simmons Wolfhagen for ongoing support and contributions towards our events throughout the year. Finally, I would like to take this opportunity to express my pride in the Committee for the year to date. I have been fortunate to work with such a capable and industrious team which embodies everything which makes Launceston such a fantastic place to practice. Our annual AGM will be held on 11 November 2021 (details to be circulated shortly). I would encourage anyone who is interested in getting involved with the Committee to attend.

Tom McCourt PRESIDENT

Annual Report 2020/2021

North- West Young Lawyers Committee Finally, a big thanks to NWYLC’s executive for making 2021 such an enjoyable and successful year, including: •

Vice-President Amber Scott – Rae & Partners

•

Secretary Donna Allen – Matthew Verney Lawyers

•

Treasurer Amy Cawston – Rae & Partners

•

CPD Coordinator Callum Tregurtha – Matthew Verney Lawyers

I would encourage all young lawyers on the coast to continue to engage with the NWYLC, which I am sure will be expanded upon moving into 2022.

Callum Purcell CHAIR 2021 has been a unique year for the North-West Young Lawyers Committee. Coming out of 2020, we were grateful that a number of events could return face-to-face. The year commenced, as is becoming a feature of the NWYLC calendar, with the legal practice student’s trip to the north-west coast. It is great to see that some of the students that attended this trip have gained employment on the coast. Due to the excellent work of our event’s subcommittee, we saw the return of NWYLC’s annual trivia night. With a large number of the firms organising teams, it was fantastic to see how little general knowledge some lawyers have despite their detailed knowledge of the law (although this was also questionable, given some of the answers in the legal round). Thank you to Kirsten Abercromby and Julia Ker of Legal Aid for preparing the questions and being co-question masters. It would not have been the same event without their help.

Annual Report 2020/2021

The Private Legal Profession in Tasmania as at 30 September 2021

Practitioners

South

North

North-West

109

TOTAL FIRMS

134

Principal Practitioner

133

202

Employed Practitioner

244

333

Community Legal Practitioner

Volunteer Community Legal Cente

Corporate Practitioner

Locum Practitioner

Government Practitioner

TOTAL

501

111

692

Sole Principals Partners/Directors

Barristers

Other

Total

6 6

74 1

South

North

North-West

Total

Queen’s and Senior Counsel

Junior Counsel

TOTAL BARRISTERS

Total Practitioners

744

Associate Members 195 Firms

South

North

North-West

Total

Sole Prinicpals

Partnerships

Incorporated Legal Practice

Total Firms *

140

* Included are firms without a principal based in Tasmania and branch offices of Tasmanian Firms 38

Annual Report 2020/2021