ANNUAL REPORT 2016/17 THE ESSENTIAL MEMBERSHIP FOR THE LEGAL PROFESSION The Law Society of Western Australia Level 4, 160 St Georges Tce, Perth WA 6000 Postal address: PO Box Z5345, Perth WA 6831 or DX 173 Perth Phone: (08) 9324 8600 | Fax: (08) 9324 8699 Email: [email protected] | Website: lawsocietywa.asn.au Contents Contents Strategic Plan 2014/2018...... 2 Construction and Infrastructure Committee...... 38 Membership Survey...... 3 Costs Committee...... 39 President’s Report...... 4 Country Practitioners Committee...... 40 Chief Executive Officer’s Report...... 6 Courts Committee...... 41 The Year in Numbers 2016/17...... 8 Criminal Law Committee...... 42 Council 2016...... 10 Education Committee...... 43 Council 2017...... 11 Elder Law and Succession Planning Committee...... 44 Governance...... 12 Employment Relations Committee...... 45 Executive Meetings...... 14 Environment, Town Planning and Local Government Committee...... 46 Submissions...... 15 Ethics Committee...... 47 Nominations to External Boards...... 16 Francis Burt Law Education Programme and Old Court Sponsors...... 17 House Law Museum Advisory Committee...... 48 Life Members...... 18 General Conditions for the Sale of Land...... 49 Lawyer of the Year Awards...... 19 Human Rights and Equal Opportunity Committee...... 50 Indigenous Legal Issues Committee...... 51 General Manager Reports...... 21 In-house/Government Lawyers Committee...... 52 Advocacy...... 22 Insolvency and Reconstruction Law Committee...... 53 Corporate Services...... 24 Intellectual Property and Technology Committee...... 54 Law Mutual (WA)...... 26 Joint Law Society/Women Lawyers Committee...... 55 Programmes...... 27 Mental Health and Wellbeing Committee...... 56 Personal Injuries and Workers’ Compensation Committee....57 Committee Reports...... 31 Professional Indemnity Insurance Management Committee.. 58 Access to Justice Committee...... 32 Professional Standards Scheme Committee...... 59 Accreditation Committee...... 33 Property Law Committee...... 60 Administrative, Constitutional and Migration Law Quality Practice Standard Committee...... 61 Committee...... 34 Taxation Committee...... 62 Alternative Dispute Resolution Committee...... 35 Young Lawyers Committee...... 63 Brief Editorial Committee...... 36 Commercial Law Committee...... 37

Annual Report 2016/17 | Page 1 Strategic Plan 2014/2018

Strategic Plan 2014/2018

The voice of the legal profession Purpose in Western Australia

STRATEGIC The essential membership PURPOSE VISION Vision PRIORITIES for the legal profession

• Strong Advocacy Strategic • High Value Services Priorities • Organisational Excellence

Strong Advocacy High Value Services Organisational Excellence The Law Society of Western Australia is respected as The Law Society stays in touch with members’ The Law Society is considered to be forward thinking the voice of the legal profession. It proactively engages needs and responds with a range of desirable, value and financially sustainable with effective systems. key stakeholders on key issues and facilitates rational adding services and benefits, covering: The Council offers strong, representative and analysis to adopt sensible positions that are sought after collaborative leadership. Priorities are aligned across • information services by members, the Law Council of Australia, government the organisation with resources allocated to areas of and media representatives. The Law Society’s views are • referral and support services greatest need. considered to be well researched, measured, reasonable • education There is a strong and compelling value proposition, and representative. Members are highly engaged in • member privileges supported with a clear marketing strategy to retain committees and working groups. The Law Society is not • networking and social events and attract a growing number of members. This is afraid to speak on controversial issues, but it ‘picks its supported with modern technology and information battles’. It is transparent about why and how decisions • professional indemnity insurance via systems, enabling communication to be responsive, have been made. Opinions are easy to access and well Law Mutual (WA) effective and tailored for individual member needs. promoted via spokespeople, media statements, the • mentoring services website and electronic communications. Staff, committee members and volunteers have The Law Society utilises modern IT and CRM a clear understanding about their role and are The Law Society plays a pivotal role in improving systems to develop and promote customised motivated to achieve the Law Society’s vision. access to justice by encouraging an increasing number services, targeted at various member segments. of lawyers to provide pro bono services and driving a range of public education initiatives. This contributes to improved public perceptions of the legal profession.

Page 2 | The Law Society of Western Australia Membership Survey

Membership Survey

In January 2017, Law Society members and staff were invited to evaluate the Law Society’s performance against a series of key performance indicators in the Strategic Plan. 265 members participated.

Organisational Excellence High Value Services (% satisfied) 2017 Score Trend Target 2017 Score Trend Target (% satisfied; % agree) E-newsletters 87% Member satisfaction 83% Brief journal 84% Member Advocacy 80% Regular email information alerts 81% Provides good value membership 65% Continuing Professional Development 74%

Strong Advocacy (% agree) 2017 Score Trend Target Community services to celebrate the profession / 73% promote access to justice Has a good understanding 78% of members' needs The Law Society’s website 65% Keeps members well informed about changes Advocacy Training 63% in legislation and key issues affecting the 86% Senior Advisors’ Panel and Practitioner Advice Referral profession 61% Service Is the voice of the legal profession in Western 84% Australia LawCare WA 60% Networking and social events 60%

Mentoring programmes 51%

Member Privileges 50%

Find a Lawyer 48%

Grad-Match 33%

Target achieved Target not achieved

Annual Report 2016/17 | Page 3 President’s Report

2017 marks the Law Society’s 90th anniversary. to adopt the Future of the Legal Profession as a the adoption of the Legal Profession Uniform strategic campaign which commenced during the Law 2014 relating to the regulation of the legal Since its humble beginnings in the old Supreme year under review. profession which subsequently, on 1 July 2015, Court library, where a group of around 30 legal came into force in New South Wales and Victoria. practitioners gathered nine decades ago to form a As was noted at the Law Society’s Law Week new association for lawyers in Western Australia, breakfast in May 2017, ‘disruption, ‘big data’ and Following the election of a new State Government the Law Society has evolved as the leading, and ‘artificial intelligence’ are among the many buzz in March 2017, the Law Society commenced by far the largest, organisation for members of words and catchphrases which have in recent steps to progress its recommendation. the legal profession in this State, with a record times increasingly punctuated debate about Towards the end of 2016/17, the Law Society was membership of over 3,800 in 2016/17. where the future of vast parts of the workforce – actively engaged with both State Government including the professions – might be headed. As and other stakeholders in an effort to achieve an 90th anniversary of the Law Society with the rest of society, the legal profession is not outcome consistent with its position. It is hoped immune from these challenges. The celebration of the Law Society’s 90th that further progress will be made in 2017/18. anniversary was a major undertaking during In keeping with its strategic focus, a Futures 2016/17, with planning for the milestone having Reference Group, comprising both internal and Legal assistance funding campaign begun in 2016. external members, was established to guide the Law Society’s work in this area. During 2016/17 the Law Society worked closely The highlight of the celebrations was the 90th with the Law Council of Australia, other Australian Anniversary Cocktail Party, held on Thursday, The first two elements of the campaign law societies and bar associations, Legal Aid and 15 June 2017, exactly 90 years to the day since manifested themselves during Law Week 2017. community legal centres on a campaign to draw the Law Society was formed. More than 300 The first was a presentation at the Law Week public attention to the nationwide crisis in legal members and other special guests attended Perth breakfast, chaired by the Hon Chief Justice assistance funding. Town Hall to participate in the festivities. Wayne Martin AC and delivered by Katie Miller, 2015 President of the Law Institute of Victoria, The Law Society has continued this campaign A number of story boards showing a selection entitled “Legal traditions in an age of disruption: at State level to encourage local politicians to Alain Musikanth of significant historical milestones, and screens How do lawyers decide what to keep and what to adequately fund the legal assistance sector. The President depicting a series of photos relevant to the Law relinquish?” The second was a forum of managing State campaign was overseen by the WA Legal Society’s 90 year history, were on display at partners and other key stakeholders hosted by the Assistance Campaign Working Group, which the event. None of the achievements presented Law Society to discuss artificial intelligence. included representatives from the Law Society, would have been possible without the support the Western Australian Bar Association, Legal of the Law Society’s members, the dedication As part of this ongoing campaign, members may Aid WA, the Aboriginal Legal Service of WA, of its councillors, committee members and staff, expect to see an increasing number of discussion Community Legal Centres WA Inc and Mental and the dogged determination of some of my papers and guidelines, CPD seminars and Brief Health Law Centres WA Inc. predecessors. articles, focusing on a smorgasbord of future- themed topics such as artificial intelligence, Over a period of two decades, successive Governments have cut the Commonwealth’s Future of the legal profession cybercrime, commoditisation of legal work, multi- disciplinary practices, diversification, in-sourcing, share of legal aid from 50% to just 35%. In recent In February 2017, the Law Society’s Council out-sourcing and unbundling of legal services – to years, Legal Aid WA has had to absorb budget adopted a new Strategic Directions Plan, name but a few. cuts of over $4 million. In the 2015 State Budget, following consultation with members. Under the the then-Government announced the non-renewal of funding to the Employment Law Centre and new Plan the strategic objectives of the Society Legal Profession Uniform Law include: (a) contributing to the discussion, and cuts across the board to funding for community providing leadership, on the future of the legal National harmonisation of key aspects relating to legal centres. profession; and (b) providing resources and regulation of the legal profession remained high These funding cuts have resulted in a system information to members on issues relevant to the on the Law Society’s agenda during the year that has left vulnerable people in our community future of the profession and legal practice. under review. without legal representation. Consistent with those objectives, Council resolved It will be recalled that in 2014, the Law Society In the lead-up to the Western Australian resolved to recommend to the Attorney General

Page 4 | The Law Society of Western Australia President’s Report

parliamentary election in March 2017, the Law Society called The Directions Paper identifies where there are opportunities • Justice reinvestment; upon all candidates to make a public pledge to adequately between what the Law Society is currently doing and the • Access to justice issues faced by Aboriginal and Torres fund legal assistance. Candidates were sent personalised recommendations in the WLWA Review. The Directions Paper Strait Islander peoples of Western Australia; letters and emails, together with a campaign flyer asking them makes practical proposals for the Law Society to satisfy these • Deaths in custody and incarceration of Aboriginal and to commit an additional $8 million in funding and to introduce recommendations. Torres Strait Islander peoples; a sustainable, long-term funding model. 21 candidates from Some of the key recommendations in the Directions Paper across the political spectrum signed pledges. The opportunity • Issues that contribute to the incarceration of Aboriginal include: to pledge support was also extended to the profession and and Torres Strait Islander women in Western Australia; the community. Thank you to everyone who pledged their • the development of a Gender Action Plan to timetable • Issues affecting incarceration rates of Aboriginal and support. and focus the Law Society’s efforts to address gender Torres Strait Islander children; diversity in the legal profession; The Law Society spread its campaign message to the public • Mandatory sentencing and how it contributes to the through a number of media articles, including a feature story • adding further resources to the Law Society’s webpages incarceration of Aboriginal and Torres Strait Islander in Business News and stories in community newspapers on ‘Women Lawyers’ and ‘Gender Diversity’ to assist peoples in Western Australia; serving marginal electorates. both members and others to progress gender diversity • Diversity and equality; initiatives; The Federal Government announced in April 2017 that it • Judicial resources; and • hosting a summit or day-long forum to raise awareness would reverse proposed cuts of approximately $35 million • Legal profession uniform law. and promote discussion within the legal profession of key to community legal centres, which would have come into features of the campaign; and The policy papers are accessible on the Law Society’s effect in July 2017. This was a major accomplishment for website and provide a useful summary of the Law Society’s • the Law Society, subject to financial assistance from the campaign and will avert more serious damage to the views on these issues. community legal sector. the Western Australian Bar Association and WLWA, give consideration to commissioning and publishing by 2019 At State level, the Law Society welcomed the announcement a new retention study similar to the 1999 Report on the Gala Dinner to mark 10 years of service by the in April 2017 that the Attorney General, the Hon John Quigley Retention of Legal Practitioners. Chief Justice MLA, would take action to provide community legal centres A highlight of 2016/17 was the Gala Dinner held by the Law with almost $1.2 million to compensate for a loss of funding Law Society policy papers Society, in association with the Western Australian Bar from the Legal Contribution Trust. During 2016/17 the Law Society developed and published Association, to celebrate 10 years of service by the Hon There was additional good news in June 2017, as the State a number of policy papers, which outline its positions on a Chief Justice Wayne Martin AC. On Friday, 9 September Government announced that $990,000, or $330,000 a year range of issues concerning the legal profession and the wider 2016, almost 500 guests attended the Perth Convention in funding will be provided to the Employment Law Centre of community, including: and Exhibition Centre for a fantastic evening of reflection, WA over the next three financial years. The Employment Law • Amendment to the Administration Act 1903 (WA); entertainment, socialising and dancing. Centre plays an important role in advising its clients in matters • Expunging Historical Homosexual Convictions; The Gala Dinner was one of the largest social gatherings the such as dismissal, discrimination and workplace bullying. The Western Australian legal profession has seen in many years. Law Society is delighted that the Employment Law Centre can • Family violence; The event was well received by attendees, with a number of now get on with its vital work without fear of losing funding. • Legal assistance funding; guests remarking upon the very high quality of the event. The The Law Society will continue to work to secure a long-term, • Mentally impaired accused; Gala Dinner also coincided with a number of special guests sustainable funding model for the legal assistance sector. • Royal Commission into institutionalised responses to visiting Perth for the Law Council of Australia Directors’ child sexual abuse; meeting hosted by the Law Society. Law Society response to the Women Lawyers of Western • Bail; A silent auction was held on the evening for the Chief Australia 20th Anniversary Review of the 1994 Chief • Death penalty; Justice’s Law Week Youth Appeal Trust. Members of the Justice’s Gender Bias Taskforce Review legal profession were exceptionally generous in their support. • Imprisonment of fine defaulters; In 2016/17 the Law Society delivered a Directions Paper in Through the Trust, a donation of $15,000 was made to • Mandatory sentencing; response to the Women Lawyers of Western Australia 20th Holyoake, a leading provider of drug and alcohol counselling Anniversary Review of the 1994 Chief Justice’s Gender Bias • Presumption against bail; and support services. The donation will help support young Taskforce Review (WLWA Review). • Closing the gap; people to engage positively in education, employment and the community through specialised programmes.

Annual Report 2016/17 | Page 5 Chief Executive Officer’s Report

2017 marked the 90th anniversary since the 2020 plan was developed and adopted. Law Society was established in 1927. On 15  90th Anniversary Cocktail Party, held on This review was undertaken to ensure Thursday, 15 June 2017, at the Perth Town Hall. June 1927, a group of about 30 practitioners the Law Society’s strategic direction gathered in the old library of the Supreme remains aligned with members’ Court of Western Australia. The meeting was needs and priorities. The first stage of convened by former Premier and Attorney consultation involved six focus groups General of Western Australia Sir Walter James and was completed in late 2016. The KC. focus groups represented a wide cross- The Law Society has undergone significant section of members, non-members and changes over the past 90 years. However, its past members as well as a range of core objects, and its commitment to those in-house and government lawyers, sole objects, remain unaltered: advancing the practitioners, and members who are interests of the legal profession; promoting employed in small, medium and large size good practice and curbing malpractice; firms. advancing legal education; promoting the Overall the feedback received from the administration of justice and the development groups was very positive. Participants felt and improvement of the law; and encouraging that the Law Society is moving in the right collegiality. strategic direction and they want the Law This past year has seen the Law Society Society to continue to be the voice of the continue its good work and achieve a number legal profession in Western Australia. of positive results in line with its core objects. The groups were also informative by These are addressed throughout the report providing insight for the development of David Price under the reports from the general managers the Law Society’s strategy going forward. Chief Executive Officer within the Law Society and our valued The challenges facing the profession in committees. Western Australia at present, as reported It is the commitment to these objects that by the focus group participants, were: continues to make the Law Society the • a perfect storm – members are essential membership for the legal profession in concerned about the effects of Western Australia. a slowing economy, increasing competition, technological disruption Looking back to look forward and downward fee pressure; 2017/18 will be another challenging but exciting • where is the profession heading? year for the Law Society as we commence – members are looking to the Law implementing a new strategic plan. The plan Society to have a vision for the future; was developed after an extensive review of the 2014-2018 strategic plan and as a result • declining loyalty and goodwill of widespread member consultation, as well – there is pressure on the value as strategic analysis and discussions among equation. Practitioners are under the Chief Executive Officer, general managers pressure, working longer hours, with and the Law Society’s Council. Following this less financial return; graduates find review, a revised Strategic Directions 2017 – it difficult to find employment – the

Page 6 | The Law Society of Western Australia Chief Executive Officer’s Report

value of the Law Society needs to be clearly namely: understood by all; • develop a vision for the legal profession in • little perceived clout with Federal and Western Australia and help members future- State Government – the Law Society should proof their practices; continue to strive for 100% membership • strengthen the Law Society’s profile and among the profession; members want to see member awareness of services and benefits; the Law Society have a higher profile among the levels of influence; • shift the focus from activity-based reporting to achievements or outcome-based reporting; • high entry costs to practice law – the cost and of running a firm can be a real disadvantage against new and disruptive entrants; • make the perceived intangible tangible. • attracting practitioners into regional areas Each of these has been incorporated in the revised – can the medical model be replicated for our Strategic Directions 2017 – 2020 plan, while the profession; three key pillars of organisational excellence, strong advocacy and high value services remain • health and wellbeing – a key issue for the from the 2014-2018 Strategic Directions Plan. profession; The Law Society believes that the implementation • growing the pro bono pool – there is a of this plan will ensure a committed and continued growing demand for volunteer legal services; focus on being the voice of the legal profession in • excessive supply of legal graduates – Western Australia and the essential membership what is the Law Society doing in regards to for the legal profession. advocacy, communication and education; and Thank you • poor public image – a PR strategy is required to improve public perceptions. My thanks and sincere appreciation is extended to the Immediate Past President Elizabeth Needham, In addition to the focus groups, in early 2017 all current President Alain Musikanth and the Law members were sent an invitation to participate Society’s Executive members of 2016 and 2017 in an online survey, the 2017 KPI scorecard, for their support and commitment which they have undertaken by Catalyse. This confidential survey’s provided to the Law Society, our members, the purpose was to evaluate the Law Society’s staff and myself. performance against key performance indicators in the strategic plan. In total, 20 items were included Thank you also to the Law Society Council in the survey, focusing on satisfaction levels and members of 2016 and 2017 and the many beliefs on the Law Society’s performance against committee members, all of whom volunteer many the Plan’s outcomes of organisational excellence, hours of their time to enable the Law Society to do strong advocacy and high value services. A the very important work that it does. complete report of 2017 KPI scorecard survey Finally I would like to acknowledge and thank all results are included on page 3. of the Law Society staff who have again worked Given the types of issues that were raised as tirelessly in 2016/17 to deliver a very positive and concerns for the profession overall, four key areas successful year for all of our members. have been identified to enhance member value –

Annual Report 2016/17 | Page 7 The Year in Numbers 2016/17

348 4,530 2,793 registrations for the Law Society’s members shaped the continual professional registrations for Law Society events Law Society’s advocacy by sitting development offering on 32 committees contributing to 39 Submissions to Council 1,285 15,690 participating members in people educated on the legal Professional Standards Scheme, an profession through the Francis Burt increase of 16% members opting to 3,870 Law Education Programme cap their professional liability members 48 41 members accredited firms accredited through through the Family Law the Quality Practice Specialist Accreditation Standard The Year in programme Numbers Policy Briefing Successfully lobbied for the 15 junior practitioner Reconciliation Action Plan partial reversal of funding cuts mentees and two Aboriginal Reflect is completed and 21 Papers to the legal aid assistance of and Torres Strait Islanders Innovate receives Federal and State successfully completed the conditional approval 2016/17 published to communicate the Governments Law Society mentoring Law Society’s policy on key programme issues affecting the profession

Page 8 | The Law Society of Western Australia 4,530 2,793 registrations for the Law Society’s continual professional registrations for Law Society events development offering

1,285 15,690 participating members in people educated on the legal Professional Standards Scheme, an profession through the Francis Burt increase of 16% members opting to Law Education Programme cap their professional liability

Successfully lobbied for the 15 junior practitioner Reconciliation Action Plan partial reversal of funding cuts mentees and two Aboriginal Reflect is completed and to the legal aid assistance of and Torres Strait Islanders Innovate receives Federal and State successfully completed the conditional approval Governments Law Society mentoring programme

Annual Report 2016/17 | Page 9 Council 2016

Council 2016

The Council of the Law Society of Western Australia for 2016 1 July 2016 to 31 December 2016

2016 Council Ordinary Members Alison Aldrich (Alison & Associates) Marie Botsis (DLA Piper) Jocelyne Boujos (Sceales & Company) Tara Connolly (Valenti Lawyers) Adam Ebell (Office of the Director of Public Prosecutions) Nicholas Ellery (Corrs Chambers Westgarth) Catherine Fletcher (Office of the Director of Public Prosecutions) Rebecca Lee (Francis Burt Chambers) Greg McIntyre SC (John Toohey Chambers) Marshall McKenna (Gilbert & Tobin) Denis McLeod (McLeods)

Country Member Executive Brooke Sojan (Legal Aid WA)

Junior Members Elizabeth Needham Hayley Cormann Saran Bavich (Minter Ellison) President Vice President Sophie Ecker (Stardragon Holdings Pty Ltd and Homunculus Pty Ltd) (Francis Burt Chambers) (Clayton Utz) Jodie Moffat (Bennett + Co)

Immediate Past President Matthew Keogh (Herbert Smith Freehills) Alain Musikanth Nathan Ebbs Senior Vice President Treasurer (Francis Burt Chambers) (Bennett + Co)

Page 10 | The Law Society of Western Australia Council 2017

Council 2017

The Council of the Law Society of Western Australia for 2017 1 January 2017 to 30 June 2017

2017 Council Ordinary Members Brahma Dharmananda SC (Quayside Chambers) Nathan Ebbs (Bennett + Co) Adam Ebell (Office of the Director of Public Prosecutions) Elisabeth Edwards (Multiplex Constructions) Catherine Fletcher (Office of the Director of Public Prosecutions) Rebecca Lee (Francis Burt Chambers) Marshall McKenna (Gilbert + Tobin) Denis McLeod (McLeods) Stefan Sudweeks (Jackson McDonald) Nicholas van Hattem (State Solicitor’s Office) Paula Wilkinson (Kim Wilson & Co)

Country Member Executive Brooke Sojan (Legal Aid WA)

Junior Members Alain Musikanth Greg McIntyre SC Jodie Moffat (Bennett + Co) President Vice President Noella Silby (MDC Legal) (Francis Burt Chambers) (John Toohey Chambers)

Immediate Past President Elizabeth Needham (Francis Burt Chambers)

Hayley Cormann Jocelyne Boujos Senior Vice President Treasurer (Clayton Utz) (Sceales & Company)

Annual Report 2016/17 | Page 11 Governance

Governance

The Law Society’s Annual General Meeting was held on Tuesday, 25 October 2016.

Councillor Meeting Attendance 1 July 2016 to 31 December 2016

Trustee of Trustee of the Public Trustee of the Chief Justice’s Council Member Law Mutual Fund Purposes Trust Youth Appeal Trust (Total 4) (Total 3) (Total 3) (Total 1) Elizabeth Needham 4 3 3 1 Alain Musikanth 3 3 2 - Hayley Cormann 3 2 2 1 Nathan Ebbs 3 1 3 1 Alison Aldrich (resigned November 2016) 2 1 2 1 Marie Botsis (resigned August 2016) - - - - Jocelyne Boujos 4 3 3 1 Tara Connolly 3 3 2 - Adam Ebell 2 1 1 1 Nicholas Ellery 1 1 1 - Catherine Fletcher 4 3 3 1 Rebecca Lee 4 3 3 1 Greg McIntyre SC 4 3 3 1 Marshall McKenna 3 1 2 1 Denis McLeod 3 1 2 1 Brooke Sojan 3 2 2 1 Saran Bavich 1 1 1 - Sophie Ecker 2 2 2 - Jodie Moffat 4 3 3 1 Matthew Keogh (resigned July 2016) - - - -

Page 12 | The Law Society of Western Australia Governance

Councillor Meeting Attendance 1 January 2017 to 30 June 2017

Trustee of Trustee of the Public Trustee of the Chief Justice’s Council Member Law Mutual Fund Purposes Trust Youth Appeal Trust (Total 5) (Total 5) (Total 3) (Total 2) Alain Musikanth 5 5 3 2 Hayley Cormann 5 5 3 2 Greg McIntyre SC 5 5 3 2 Jocelyne Boujos 5 5 3 2 Brahma Dharmananda SC 3 3 1 1 Nathan Ebbs 4 4 2 2 Adam Ebell 3 3 1 1 Elisabeth Edwards 5 5 3 2 Catherine Fletcher 5 5 3 2 Rebecca Lee 4 4 3 2 Marshall McKenna 4 4 3 1 Denis McLeod 5 5 3 2 Stefan Sudweeks 4 4 2 2 Nicholas van Hattem 5 4 2 1 Paula Wilkinson 5 5 3 2 Brooke Sojan 3 2 1 2 Deblina Mittra (resigned May 2017) 4 4 2 2 Jodie Moffat 4 4 3 2 Noella Silby 5 5 3 2 Elizabeth Needham 2 2 2 1

Executive Co-opted Councillors 2016/17 The Executive, consisting of the President, Senior Vice • Marshall McKenna – May to August 2016 President, Vice President, Treasurer and Co-opted • Catherine Fletcher – September to December 2016 Council members met seven (7) times during the year. • Rebecca Lee – February to April 2017 • Brahma Dharmananda SC – May to August 2017

Annual Report 2016/17 | Page 13 Executive Meetings

Executive Meetings

Eight Executive meetings held over the financial year

Executive Meetings 2016 Legal Practice Board of WA and Legal Profession Complaints Committee Solicitor General Leader of the Opposition and the Shadow

Attorney General Legal Practice Board of WA and Legal Profession Solicitor General (2016) Attorney General Complaints Committee (2016) Chief Justice of Western Australia and the President of the Court of Appeal

Executive Meetings 2017 Attorney General and Director General, Leader of the Opposition and the Department of the Attorney General Federal Attorney General (2016) Shadow Attorney General (2016) Western Australian Bar Association Chief Judge of the District Court of Western Australia and Principal Registrar of the District Court of Western Australia

Chief Justice of Western Australia and the President of the Court of Appeal (2016) State Attorney General (2017)

Chief Judge of the District Court of Western Australia and Principal Western Australian Bar Association (2017) Registrar of the District Court of Western Australia (2017)

Page 14 | The Law Society of Western Australia Submissions

Submissions

Submissions 2016 Submissions 2017 Australian National Standards for Working with Interpreters in Courts and Tribunals Mandatory eLodgement The Australian Law Reform Commission’s Inquiry into Elder Abuse Family Court of Western Australia – Scale of Costs Strata Titles Amendment Bill 2016 WA Legal Assistance Campaign Joint Standing Committee on the Corruption and Crime Commission Australian Law Reform Commission Inquiry into the Incarceration Rate of Different Valuation Dates for the Taking of Land under the Land Administration Act Indigenous Australians – Terms of Reference 1997 Draft Rulings: ‘Farm-in-Agreements’ and ‘Excluded Chattels’ Warden’s Court – Proposal to introduce a Scale of Costs Strata Titles Amendment Bill 2017 – Management of Schemes Misuse of Drugs Amendment (Search Powers) Bill 2016 District Court of Western Australia eCourt in the Court’s Civil Jurisdiction Proposal to amend undertakings given to the District Court in relation to the inspection Magistrates Court Online Lists and Additional court Signage and copying of documents produced to the Court under Subpoena Legal Costs Committee 2017 Review of Legal Practitioner Determination 2015 Solicitors’ Applications for Death Certificates Late Vacating of Hearings at the State Administrative Tribunal due to member Correct Procedure when a Defendant in a Family Provision claim seeks to become a conflict Plaintiff Supreme Court eLodgment Search Facility for Probate Matters State Administrative Tribunal Decision: White City Investments Pty Ltd Law Council of Australia – Cyber Precedent Website District Court (Fees) Regulations 2002 Office of State Revenue – Draft Rulings DA 19 Applying for a Connected Entities Corporations Agreement Exemption State Planning Policy 3.6 Development Contributions for Infrastructure Murray Enquiry on Security of Payment Laws Australian Consumer Law Review Issues Paper Strata Titles Amendment Bill 2016 (Seller Disclosures) Commercial Tenancy (Retail Shops) Agreements Regulations 1985 Strata Titles Amendment Bill 2017 (Dispute Resolution and Staged Strata Mandatory eLogement Developments) Review the Australian Young Lawyers Committee Position Paper on Workplace Restricted Practice in WA Government Agencies Standards – Recommendation 2.4 of the Final Directions – The Law Society of Planning as a Special Administrative Law Jurisdiction at the State Western Australia Response to the Women Lawyers of Western Australia’s 20th Administrative Tribunal Anniversary Review of the 1994 Chief Justice’s Gender Bias Taskforce Review National Model Gender Equitable Briefing Policy: Reporting Template and Cabinet Subcommittee on Civil Litigation on Child Sexual Abuse Guidelines

Annual Report 2016/17 | Page 15 Nominations to External Boards

Nominations to External Boards

The Law Society nominated members to represent the profession on the following external boards and committees:

Nominations to External Boards Representative(s) Law Council of Australia Domestic and Family Violence Working Group Teresa Farmer, Elizabeth Needham Law Council of Australia Transnational Practice Network General Manager Advocacy Helen Creed, Maria Saraceni, Matthew Keogh, Adam Ebell, Law Access Limited Board Elizabeth Needham, Marshall McKenna, Paula Wilkinson Gray Porter, Michelle Antunovich, Mark Civitella, Vidal Hockless, WorkCover WA Evaluation of Conciliation and Arbitration Services Focus Group Asanka Gunasekera WorkCover WA Conciliation and Arbitration Services Users’ Group Michelle Antunovich, Mark Civitella Australian Pro Bono Centre Board Manager Law Access Ltd Legal Costs Committee Clare Thompson, Brendan Ashdown, Matthew Curwood Law Council of Australia International Development Assistance on the Rule of Robert Lindsay Law Network Legal Aid Committee (Legal Aid WA) Trevor O’Sullivan, Anthony Clarke, Edward Greaves Office of State Revenue Liaison Committee Peta Whyte Advisory Committee – Law Library in the David Malcolm Justice Centre President of the Law Society Law Council of Australia Elder Abuse Inquiry Working Group Elizabeth Heenan

Page 16 | The Law Society of Western Australia Sponsors

Sponsors

The Law Society would like to acknowledge and thank the following sponsors and supporters:

Partners Murdoch University Fleet 1st BankWest – Financial Services Partner The University of Notre Dame Australia Funky Bunches Legalsuper – CPD Partner Profile Legal Recruitment Gillies Group Thomson Reuters HBF Sponsors and supporters Unisearch Expert Opinion Services Hyundai Allens The University of Western Australia Incito Wealth Ashurst John Hughes Group Bradley Bayly Lawyers Member Privilege Partners Kleenheat Burgess Paluch Ascend Business Technology Leblon Outdoor Design Clayton Utz Audi LexisNexis The College of Law Aurelio Costarella Lexus Corrs Chambers Westgarth Avis and Budget Macquarie Curtin University Barbagallo Group Mantra Group Department of the Attorney General Bayswater Mazda Mercedes-Benz DLA Piper Black Swan State Theatre Company mobistorage Edith Cowan University BMW and MINI Noble Oak Herbert Smith Freehills Capital Partners Parker & Co HHG Legal Group Claremont Artframers and Gallery QANTAS Incito Wealth Complete Office Supplies Regalia Craft Jackson McDonald Dial-An-Angel Rottnest Express Jardine Lloyd Thompson Australia Direct Fusion Technologies The Western Australian Club KBE Human Capital DoneItNow Thomson Reuters King & Wood Mallesons Eithad Airways Volkswagen Group Australia Law in Order endota spa Watershed Premium Wines LEAP Legal Software Fernando's Ital Jewellers Wine Direct Marsh Finer Details Concierge and Organiser Service

Annual Report 2016/17 | Page 17 Life Members

Life Members

2016 2007 Susan Fielding Michal Lewi The Hon Kevin Parker AC RFD QC 2005 Chris Zelestis QC The Hon Judge John Chaney 2015 Rick Cullen The Hon Justice Carmel McLure 2003 Steven Penglis The Hon Sir John Lavan Clare Thompson 2002 2014 Gregory Boyle Dudley Stow Judy Eckert 2013 The Hon Robert French Her Hon Antoinette Kennedy AO The Hon Chief Justice David Malcolm AC The Hon Robert Nicholson AO Robert Meadows QC 2012 Her Hon Judge Kate O’Brien His Excellency Malcolm McCusker John Syminton AC CVO QC, Governor of WA 1998 The Hon Chief Justice Wayne Martin AC  Past Presidents Photo, 90th anniversary lunch, 30 March 2017, the Western Australian Club. The Hon Sir Francis Burt AC Back: Ian Weldon (2004), Elizabeth Heenan (2003), Clare Thompson (2002), The Hon Justice Kenneth Martin (2001), John Ley (1999), Her Hon Kate O’Brien (1998), John Syminton (1997), Michael McPhee (1994), Ted Sharp (1993) The Hon Michael Murray QC The Hon P Durack QC Middle: Maria Saraceni (2006-2007), The Hon Chief Justice Wayne Martin AC (2006), The Hon Justice John Chaney (1991), The Hon Daryl Williams AM QC The Hon John Toohey AC The Hon Michael Murray QC (1988), Robert Meadows QC (1986-1987) Front: Dudley Stow (2008-2009), Konrad de Kerloy (2014), Alain Musikanth (2017), The Hon Barry Rowland QC (1973-1975), 2010 The Hon Ian Medcalf AO The Hon Geoffrey Miller QC (1979-1981), The Hon Daryl Williams AM QC (1984), His Hon Hal Jackson (1985) John Fiocco 1996 2009 The Hon Barry Rowland QC Elizabeth Heenan The Hon John Wickham QC 2008 Rory Argyle John Gillett David Garnsworthy

Page 18 | The Law Society of Western Australia Lawyer of the Year Awards

Lawyer of the Year Awards

Practitioner with more than Practitioner with less than five years' experience five years' experience 2017 2017 Simon Creek Krista McMeeken Nicholas van Hattem 2016 2016 Michael Geelhoed Claire Rossi 2015 Glen McLeod Callum Hair 2015 2014 John Fiocco Jessica Bowman 2014 Stephanie Puris Melanie Cave 2013 2013 Gary Mack Thomas Percy QC 2012 2012 Tammy Solonec Denis McLeod 2011 Clare Thompson Breony Allen 2011 2009

Shayla Strapps Toni Emmanuel  Alain Musikanth, Law Society President with Lawyer of the Year Award winners; Nicholas van Hattem, State Solicitor’s Office; Amanda Goodier 2008 Krista McMeeken, Policy Lawyer at Commissioner for Children and Young People; and Simon Creek, HHG Legal Group. 2009 Anna Rakoczy Steven Penglis 2008 Dr Johannes Schoombee

Annual Report 2016/17 | Page 19

GENERAL MANAGER REPORTS

Annual Report 2016/17 | Page 21 General Manager Reports

Advocacy

This report sets out the advocacy Director of Public Prosecutions and other so they are not required to appear in work undertaken by the Law Society’s professional associations. In particular the court outside normal court sitting times; committees and the major outcomes Law Society assisted the Law Council of • promoting gender diversity resources that have been achieved in programmes, Australia with promoting the national Legal and CPD programmes including the Law policy and legislative reform since July Aid Matters campaign and launched the WA Council of Australia’s unconscious bias 2016. legal assistance funding campaign leading training; up to and continuing after the WA State Committees Election. The Law Society also contributed • encouraging women to apply for Mary Woodford to the Law Council’s response to the appointment as Senior Counsel; and There are a number of committees and General Manager Federal Government’s proposal to regulate working groups that are established by • promoting the Finer Details Concierge – Advocacy lawyers under the anti-money laundering the Law Society’s Council that have the and Organiser Service and LawCare WA and counter terrorism financial regime. important role of developing the Law services to Law Society members. Society’s policy positions on behalf of Another strategic campaign during this members. They also provide the expertise reporting period was the Law Society’s Major reviews for the Law Society to source informed adoption of a Final Directions Paper for the Two major reviews undertaken in 2016/17 comments in relation to major legislative implementation of the recommendations were: reform. from the 20th Anniversary Review of the 1994 Chief Justice’s Gender Bias In addition this year, a new initiative was • the review of the Joint Form of General Taskforce Report. This work will continue taken to publish policy briefing papers Conditions for the Sale of Land; and through 2017/18 by the Advancement of outlining the positions of the Law Society • amendments to the Constitution of the Women in the Legal Profession Working in key public policy areas. In early 2017 Law Society to ensure compliance with Group which will guide the Law Society’s the papers were provided to the Attorney the Associations Incorporation Act 2015 implementation of the Final Directions Paper General and Opposition leader with their (WA). and provide regular reports to Council on responses published in the March issue of the achievement of: Brief before the State Election. It is anticipated a new Joint Form and the amendments to the Constitution will be • setting voluntary gender targets; The individual committee reports appearing published by December 2017. in this Annual Report highlight the range of • encouraging the Western Australian issues and outcomes over the year. Government to adopt an equitable LawCare WA briefing policy for State agencies; Strategic campaigns Advocacy in the area of mental health and • collecting data in relation to gender wellbeing for our profession is a key priority The committees continued to work closely balance in the legal profession; for the Law Society. Our LawCare WA with Members of Parliament, government services are directed at assisting members • encouraging courts to accommodate agencies, the courts, the Law Council of to manage career, finances and health and practitioners with family responsibilities Australia, the State Solicitors’ Office, the

Page 22 | The Law Society of Western Australia General Manager Reports

VOLUME 44 | NUMBER 2 | MARCH 2017

Male lawyers too expressed dissatisfaction with work-life The Law Society may consider circulating Twitter links to online Practice issues facing women balance and the hours they were required to work in private resources at least twice/month regarding FWP or other issues practice. concerning work–life balance. • Opportunities for better work-life balance and more In relation to 3) above the Education Committee could possibly flexibility were key issues for women who had left the legal broaden CPD to include education about FWP. – Advancing diversity profession. Law Society Promotion/Support/CPD We note that there is a view that FWP seminars might attract regarding Flexible Work Practices – Podcasts • Taking advantage of available flexible working those in the profession who are already supportive of FWP. It is arrangements was regarded by both women and men as recommended that the Law Society encourage legal employers  The Law Society’s adopts a Final Directions Paper for • The Resource Centre contains more than 350 links to resources for individual practitioners and law firms on how jeopardising their career prospects, although women were and law practices not yet fully embracing FWP to consider GBrr recoMMenDAtion 2.6 to strike a balance between professional and personal life. more likely to think this was the case. making it available to their legal staff. See discussion of this Final Directions Paper further below. WLWA Priority • Promote use of gender diversity tools and resources • Many of those surveyed regard access to flexible working developed by Diversity Council Australia. arrangements as a necessity for retaining working parents We also note that there were two CPD sessions run in 2015 on the implementation of the recommendations from the 20th The Law Society of Western Australia publishes information in the legal profession. the issue of unconscious bias (one for managers and the other • Develop and promote education programmes and on flexible work practices, including guidelines and best for employees) but these were not particularly well attended, workshops on ‘Return to Work’ planning to assist • Greater access to, and support for, flexible working State Government and Opposition respond The Law Society of Western Australia's responsepractice examples of firms utilising such practices, on its especially the session for managers. While these seminars were employees and employers manage prolonged absences arrangements and a better work-life balance were identified website to inform the profession and broader public about not offered in 2016, the JLSWLC is aware that following the from the workplace. as key retention factors for women. to the Law Society’s Policy Positions to the Women Lawyers of Western Australia’sflexible work practices generally. adoption of the Diversity Charter, the LCA is in the process of Anniversary Review of the 1994 Chief Justice’s Gender Bias Flexible Work Practices (Table 22, page 89 NARS) Regarding the Law Society’s proposed actions we endorse 1) engaging a provider to conduct unconscious bias training. This th GBrr recoMMenDAtion 2.7 and 2) above. However, it is recommend that articles dealing topic is addressed further below in the context of dealing with 20 Anniversary Review of the 1994 Chief Justice’s Establish industry awards along the lines of: with FWP be published at least twice a year. Further such other GBRR recommendations. WLWA Priority articles should be accessible, by members and non-members, • top 10 firms to work for if you’re a woman It is the JLSWLC views that there is little (if any) discussion electronically on the Law Society’s website. in Western Australia at the moment about the connection Taskforce Report. The Law Society provides Continuing Professional • top 10 firms for female graduates Gender Bias Taskforce ReviewDevelopment sessions for lawyers (including partners Regarding current resources on FWP on the Law Society’s between the availability of FWP and the issue of mental health State Government and • top 10 firms able to demonstrate results from introducing LIBERAL GOVERNMENT RESPONSE understanding of the dynamics of family the period of imprisonment plus two and directors) as well as human resources and non- website we note that the Law Society website contains a of legal practitioners. However, the link is, one worthy of FAMILY VIOLENCE effective gender diversity strategies violence within the justice system. Of years post-release. legal management and support staff regarding flexible ‘Diversity and Inclusion’ tab with a number of further drop-down detailed consideration, when the availability of FWP can have a The Liberal-led Government is strongly Opposition respond The vast majority of dangerous, abusive and violent particular importance are the following work practices in commercial practice, including the • top 10 firms for flexible work practices links to other webpages one of which is ‘Gender Diversity’. On significant impact upon work-life balance in the legal profession, Ceremonial Sittings committed to address the problem of The legislation also doubled the 10-year behaviour that occurs in the privacy of people's innovative changes: implementation of flexible arrangements for men and that ‘Gender Diversity’ page there are links to the following: which for many is a cause of significant stress. It is noted that family violence in Western Australia and maximum sentence for the offence of the Mental Health and Wellbeing Recommendations 2016-2020 homes is committed by men against women. women, best practice examples and addressing common cUrrent LAW SocietY initiAtiVeS AnD • the LCA’s ‘Equitable Briefing Policy for Female Barristers to the Law Society’s passed landmark legislation in November • A new definition of ‘family violence’ unlawful assault causing death, which approved by Council in December 2015 does not have any pitfalls for employers and employees. ProGrAMMeS and Advocates’; In early 2015, the Council of Australian Governments 2016, representing the biggest overhaul modelled on the definition in the was introduced to deal with ‘one-punch’ recommendations directly addressing the issue of FWP. As a (COAG) agreed to take urgent collective action to of family violence legislation in the State’s Family Law Act 1975, that refers to homicides but had also been useful in (regarding both GBRR Recommendations 2.6 and 2.7) correSPonDinG nArS oPtionS For • the LSWA’s ‘Equality of Opportunity Model Briefing Policy’; result it would be very worthwhile for the Education Committee Policy Positions address the unacceptable level of violence against history, the Restraining Orders and behaviour that coerces, controls and family violence cases when murder or to consider broadening FWP as an aspect of best practice women in Australia. conSiDerAtion The Law Society has had FWP guidelines on its website for • LCA’s NARS Report; Related Legislation Amendment (Family causes fear in the victim; manslaughter could not be proven. The a number of years. Articles have been published in its journal management. Violence) Act 2016 (WA) (the ROAR laws also offered protection to pregnant BY PROFESSIONAL BODIES (Law Societies and Bar • Express inclusion of cyber-stalking Brief with practical examples on how to make FWP function • LCA’s Diversity and Equality Charter; Act), which formed the centrepiece of a women and their unborn child, with a Associations) LAW SOCIETY POLICY POSITION and technology-facilitated abuse in comprehensive legal reform program in person who intentionally causes grievous successfully. Practitioners who use these practices have given • articles about LawCare WA; the definition of family violence as Flexible Work Practices (Table 22, page 89 NARS) In December 2016 the Law Society of The Law Society seeks the support of both parties respect of family violence. bodily harm to a pregnant women which presentations at Law Week seminars in the past few years. behaviour that may form the basis • Brief articles (one of which is a 2011 article on FWP to: results in the loss of her pregnancy, will Western Australia wrote to both the Hon The ROAR Act is part of the for seeking an FVRO – a first for Promote and facilitate the adoption of flexible work containing a reference to the Flexible Work Protocols which face up to 20 years’ imprisonment. Action ProPoSeD BY LAW SocietY Michael Mischin MLC, Attorney General of • Properly fund courts dealing with family law Government’s overarching family violence Australia; practices within the profession were adopted by the Law Society in 2011); and The Hon Robert French AC matters, as well as family violence support response plan, entitled Freedom from Importantly, perpetrator accountability is (regarding both GBRR Recommendations 2.6 and 2.7) Western Australia, and Mr Mark McGowan • Narrowing the court’s discretion • Publish and promote the latest international research on • some links to relevant external organisations. services; Fear: Working towards the elimination of also a key focus of the ROAR Act. For the 1. Publish article in Brief annually, specifically addressing FWP MLC, Leader of the Opposition asking to not make an FVRO where the the business case for flexible work arrangements and The Hon Susan Kiefel AC family and domestic violence in Western first time in Western Australia, a court will (as part of practice management articles). We understand that the YLC is working on a series of articles • Develop and implement domestic violence grounds for an FVRO are met (that is, describe the full range of flexible work practices that can be them to respond to the Law Society’s Australia – Action Plan 2015. Both the be able to make a mandatory Behaviour about different examples of work practices and why they work. strategies for particularly vulnerable groups, the court must make an order unless introduced. 2. Continue to conduct annual seminars on FWP.  March edition of Brief which published the policy briefing Action Plan and the ROAR Act aim to Change Program orders as an adjunct to These should be published in Brief and on the website as per policy positions on a range of legal issues including Indigenous Australians and those from there are ‘special circumstances’); The Hon James Edelman increase safety for victims of family an FVRO. • Develop and promote HR policies and guidelines on a above 1). The YLC also intends to use YLC social media to affecting community members and the culturally and linguistically diverse communities; 3. The Education Committee to consider broadening CPD to from approaching mainstream legal By using Indigenous judicial and Aboriginal and Torrs Strait Islander men, violence, and strengthen integrated, • Relaxation of the rules of evidence in promote FWP. As this is relevant to this recommendation, it is and To complement the ROAR Act, the broad range of flexible work practices. cover all aspects of best practice management. legal profession in Western Australia. accountable and effective interventions final order hearings, with procedural recommended that the JLSWLC be invited to assist the YLC services, with language barriers and corrective service staff, an element of women and children. Liberal-led Government has also • Identify and publicise senior women and male role models cultural sensitivity being the main cultural expectation can be applied to • Identify and implement measures designed to targeting perpetrators of family violence fairness safeguards for both parties, reSPonSe oF tHe JLSWLc to source such examples (to broaden the source beyond just introduced a new integrated court model, who work flexibly to eliminate the perception that flexibility papers outlining the positions of the Law Society in key reason for this. GreaterThe letters funding toand policythe statements offender and used in theirto encourage reduce the prevalence of domestic and family and abuse. to minimise re-traumatisation of young lawyers). Furthermore, the proposed AWILPWG could known as the Family Violence List, in Indigenous legal services, such better social behaviour in the future. violence. victims during court hearings; and and senior roles are incompatible and that only women (regarding both GBRR Recommendations 2.6 and 2.7) contribute similar articles or commission, or conduct its own entirety are available at The ROAR Act introduced a new Family metropolitan Magistrates Courts and has LAW SOCIETY POLICY POSITION • Consideration of the increased use as the ALS and the FVPLS would It also improves communication DEATHS IN CUSTODY want/need/access flexible work arrangements. research regarding the availability of FWP for publication on the ACCESS TO JUSTICE Violence Restraining Order (FVRO) – • Special provision for extended committed to introducing legislation to Discussion of infringement notices in appropriate provide greater lawsocietywa.asn.au.access to justice to between accused persons and the • Conduct research and examine the effects of work website and in Brief. The Law Society seeks the support of AND INCARCERATION supported by new definitions, objects duration of an FVRO where the enable Western Australia to participate cases; ISSUES FACED BY Indigenous people and would greatly correction system, allowing the life balance tensions on the mental health of legal In addition to the finding in the GBRR about the need for FWP both parties to: OF ABORIGINAL AND and principles – all of which promote respondent is imprisoned to cover in the National Domestic Violence Order to retain and advance women in the profession, the discussion public policy areas. decrease their incarceration rate. accused to better understand the professionals. • Making the bail process more flexible ABORIGINAL AND TORRES an evidence based, contemporary Scheme. • Establish 'justice targets' under the reasoning behind what is happening, in NARS about the need for FWP has been adopted. The key through amendments to the Bail Act • Improve funding for interpretation TORRES STRAIT ISLANDER • Develop a national website along the lines of the Canadian Closing the Gap framework to reduce STRAIT ISLANDER PEOPLE and for the judicial and corrective findings in NARS about FWP are summarised in the following 1982; and and translation services within the Bar Association’s Work Life Balance Resource Centre, rates of Indigenous imprisonment service staff to better understand the PEOPLES points (from Table 22, page 89): OF WESTERN AUSTRALIA Courts, allowing18 Indigenous | BRIEF MARCHpeople 2017 divided into the following categories: and violent offending; • Expansion of ‘Open Days’, where offending behaviour. to communicate with the Court in 15 April 2016 was the 25th anniversary • Less than half the women working in large and medium Aboriginal people can directly access In Western Australia, there is no automatic • Establish a national agency to collect their native Australian language. For of the Royal Commission into Aboriginal – Striking the balance sized firms were satisfied with their access to flexible services in relation to the payment of right to free legal representation or and evaluate comprehensive data on some Indigenous people, English LIBERAL GOVERNMENT RESPONSE Deaths in Custody. working arrangements, the level of work-life balance and fines and obtaining, maintaining and assistance when accused of a crime. – Health and wellness corrections, law enforcement, juvenile is a second language. This creates the level of support in their organisation for achieving work- regaining a motor driver’s licence. Instead, to obtain free assistance an Funding for the Aboriginal Legal Service The Royal Commission was established Young lawyers justice, diversionary measures, to confusion and misunderstanding for – life balance. individual must prove that they qualify of Western Australia and other culturally in October 1987 in response to a growing inform government policies around the legal system and procedures. for the services provided by Legal Aid, appropriate legal assistance services is public concern about the number of – Women and law • The level of dissatisfaction with work-life balance was crime and imprisonment; LABOR OPPOSITION RESPONSE Justice would be greatly improved the Aboriginal Legal Service of Western the responsibility of the Commonwealth deaths of Aboriginal people in custody. particularly high for women working in private practice. if Indigenous people were given • Repeal or amend all laws which The disproportionate representation of Australia or a community legal centre that Attorney General, while the WA The National Report of the Royal better access to interpretative and provide for a penalty of imprisonment Aboriginal people in Western Australian is funded to advise on criminal law issues. Government provides funding to the Commission was released in April 1991. translation services in relation to FinAL DirectionS PAPer | PAGe 7 PAGe 8 | FinAL DirectionS PAPer for offences arising from a fine prisons is widely recognised as a serious However, due to a lack of funding to Family Violence Prevention Legal Service The inquiry was limited to the deaths of judicial proceeding. Indigenous default; and and long standing problem. The impact these services, the ambit of those able to through Legal Aid. Aboriginal and Torres Strait Islanders people could be granted a statutory of the Liberal National Government’s obtain assistance is ever decreasing. after an arrest or conviction, whether THE ESSENTIAL MEMBERSHIP • Abolish mandatory sentencing laws. right to have interpreting services The State Government through individual policy on imprisoning fine defaulters in a by suicide, natural causes, medical available at all stages of the judicial courts, has, and will continue to, provide contributing factor, with the numbers of conditions and/or injuries caused by LAW SOCIETY POLICY POSITION proceedings, as is the case in certain interpreters when requested and/or LIBERAL GOVERNMENT RESPONSE Aboriginal people being imprisoned for police. The terms of reference for the FOR THE LEGAL PROFESSION areas of Canada. They could also required. The Department of the Attorney fine defaults increasing dramatically in the The Law Society seeks support of both inquiry limited it to such deaths between The Premier, the Hon Colin Barnett MLA, have the statutory right to lodge General has established Aboriginal Liaison 23 August 2016 last eight years. parties to: 1 January 1980 and 31 May 1989, which Prepared by the Law Society of Western Australia made a commitment in October 2014 to documents and correspond with the Officer (ALO) positions in a number of included 99 cases. reduce Aboriginal over-representation and WA Labor recognises the need for a • Improve funding to Community Legal court in their native languages, as is courts with a total of 7 positions currently Aboriginal deaths in custody. The Liberal- program of legislative reform to address Centres (CLCs), in particular to the the case in certain areas of Norway. classified under section 50D of the led Government’s response, developed the disproportionate incarceration rate of Aboriginal Legal Service of Western In order to do this, funding for Equal Opportunity Act 1984 (WA) where LAW SOCIETY POLICY POSITION by the Justice Ministers Group, has Aboriginal and Torres Strait Islander men, Australia (the ALS) and the Family interpretation and translation services Aboriginality is considered an essential The Law Society supports both parties included: women and children and a McGowan Violence Prevention Legal Service within the court must be improved. requirement for the role. to work with Aboriginal and Torres Labor Government would be keen to (the FVPLS). The overrepresentation • Introduction of sentencing options • Improve funding for Indigenous The ALO role is to optimise Aboriginal Strait Islander communities to invest in work closely with the Law Society when of Indigenous people within our as alternatives to a fine, in an effort judicial and corrective service staff. peoples’ access to, confidence in and holistic early intervention, prevention and we have access to the resources of judicial system is greatly due to to reduce imprisonment for a fine It has been proven in the Rangatahi use of the range of services provided diversion strategies to militate against government that are not available to us in limited access to justice. The funding default, through the Sentencing Youth Courts of New Zealand that by Courts and seeks to reduce over- involvement with the criminal justice Opposition. of CLCs has been proven to greatly Legislation Amendment Act 2016; the incorporation of cultural beliefs representation of Aboriginal people as system and incarceration and to: reduce incarceration rates. In relation WA Labor is also committed to improving and practices into court procedure offenders in the criminal justice system. • Examination of the processes to Indigenous people, dedicated legal 1. Implement smarter, evidence-based the health and welfare of Aboriginal places greater expectations on leading to imprisonment for fine services are the preferred and most and more cost-effective solutions people by focusing on improving Indigenous offenders and causes default, in particular, looking at culturally appropriate provision of which drive sustainable change education and economic opportunities greater remorse. The effect that LABOR OPPOSITION RESPONSE ways of improving how Work and community legal services. Research and which help to prevent deaths and delivering appropriate health services. these practices have had on court WA Labor recognises the need for a Development Orders (WDOs) are shows that Indigenous people, and in custody by avoiding the use of proceedings can also be applied to program of legislative reform to address administered and managed; in particular women, are dissuaded incarceration, other than as a last other areas of the judicial system. the disproportionate incarceration rate of resort. This is a long term goal which

wellbeing issues. The Member Assistance Programme In 2016/17, 19 junior practitioner mentees participated, commenced on the next Plan – Innovate. At the end of provides members with up to three free counselling with 15 completing the programme, and three Aboriginal 2016/17 the Innovate RAP was conditionally endorsed sessions per year. Through the Senior Advisors Panel and Torres Strait Islander law student mentees by Reconciliation Australia and likely to be fully endorsed and the Western Australian Bar Association Referral participated, with two completing the programme. in the second half of 2017. In the meantime the actions Service, members can access experienced practitioners initiated by the ReflectRAP have included promoting for advice on ethical issues or complaints. Professional Standards Scheme and participating in National Reconciliation Week and NAIDOC Week activities, building a business case In January 2017, the Law Society introduced a new The Law Society’s Limitation of Liability Scheme that for ongoing cultural awareness training for staff and LawCare WA service, the Employee Relations Advice commenced on 1 July 2014 continued to grow this promoting the RAP and its undertakings to staff. Line, in response to one of the recommendations in year. As of 30 June the Scheme had 1,285 participating the Final Directions Paper concerning the availability members, nearly 180 more than the number of The Law Society has commenced cultural awareness of career support. The Employee Relations Advice participating members at 30 June 2016. A more detailed training for all staff. A pre- and post-training survey Line allows members to obtain advice from industry report on the Scheme appears under the Professional of Law Society staff guided future training to ensure experts from the Chamber of Commerce and Industry Standards Scheme Committee report. its relevance. The survey results demonstrated that of Western Australia in relation to human resources and staff value the training and see it as beneficial to their During this reporting period the management of risk employee relations issues. work and that the training increased their knowledge across the Law Society was reviewed and Council of Aboriginal and Torres Strait Islander cultures and agreed that the Professional Standards Scheme would Mentoring histories. move into a centralised risk management portfolio The Law Society continued to conduct a mentoring within the Law Society and come under a new risk Thank you to committee members programme for practitioners admitted less than five management position. This will enable the Law Society years, five years or more post admission and Indigenous to deliver opportunities to the profession to improve its Finally, the depth and breadth of the advocacy law students. This year the programme was coordinated professional standards in a more holistic way. work undertaken would not be possible without the by a trained external facilitator who conducted commitment and contribution from the committee information sessions for both mentors and mentees and Reconciliation Action Plan convenors and over 200 committee members. The oversaw the programme to ensure that the mentors and Law Society thanks you all for this very worthwhile On 1 July 2016, the Reflect Reconciliation Action Plan mentees were supported throughout the duration. contribution to its advocacy. (RAP) implementation period was finalised and work

Annual Report 2016/17 | Page 23 General Manager Reports

Corporate Services

Corporate Services delivers marketing, (WHS) in accordance with the WHS communication effectiveness, increasing communications and business Management Plan. During the year, the media engagement and improving development for the Law Society and WHS Management Plan was reviewed and members’ knowledge of the Law Society’s Law Mutual (WA). Corporate Services adopted for the period 2016-2020. services. is responsible for the financial, IT and The Law Society delivered member administrative support to the Law Strategic IT Plan Society, Law Access Ltd, the Legal communications through various mediums Contribution Trust and the Public With the assistance of the Law Society’s including: Leanne Follows external IT provider, the Strategic IT Plan Purposes Trust. • 11 issues of Brief; and General Manager was actioned, including the annual desktop – Corporate Services Financial position refresh, installation of BDSL and new • email communications comprising of security cameras at the Old Court House 50 Friday Facts, 26 CPD News, 12 YLC The 2016/17 financial year result was Law Museum, an upgrade of the Law News, four Law Mutual (WA) News and a surplus of $315,803 due to growth in Society’s BDSL link and an improved Wi-Fi nine Updates from the President. membership. The 3% growth in ordinary system. Work continues on reporting for members has resulted in the Law Society the Professional Standards Scheme in the Media engagement being able to retain membership fees in CRM. 2017/18. In 2016/17 the Law Society produced The Law Society brought the IT help desk 31 media releases that resulted in 71 The Law Society ended the year with function in-house on 1 January 2017 and media mentions. The media releases accumulated net assets of $3,235,281 and employed a new IT Officer to assist with covered a broad range of topics including cash reserves of $2,919,934. technical support and Law Mutual (WA)’s appointments and retirements within A breakdown of the Law Society’s income claims system. government and the judiciary, the legal and expenditure is shown at the end of this assistance funding crisis, mandatory report. Marketing and communications sentencing, Law Week 2017, and Law Society events. The Law Society undertook a review of its The Law Society continued to refine, insurance arrangements; this resulted in an focus and improve its communication In conjunction with the media engagement increase in cover and reduction in premiums channels including the website, member’s strategy, the Law Society wrote to all for the Law Society and Law Mutual (WA). dashboard, email communications and candidates in the lead up to State Election social media to provide relevant and useful in March 2017 to seek support for the Workplace health and safety information that is user-friendly and easy to reverse of cuts to legal assistance funding find. and commitment of an additional $8 million The Law Society is committed to best in funding per year. practice environment, in relation to safety The Marketing and Communications and health standards and continues to Plan continues to be implemented The result of this targeted campaign monitor workplace health and safety with the overall objectives of improving included media articles, and pledges of

Page 24 | The Law Society of Western Australia General Manager Reports

support from electoral candidates and the profession. As and communications, insurance and IT functions. The mentioned in the President’s Report, both Federal and Law Society’s reception continues to field calls and visits Public Purposes Trust Grants 2016/17 State Governments have reversed planned funding cuts from members of the public seeking to apply to the Law and allocated funding to community legal centres. Access Pro Bono Referral Scheme.

Social Media Public Purposes Trust Public Clearing House 6% Universities 4% The Law Society’s Facebook, Twitter and LinkedIn The Law Society is the trustee of the Law Society Public Education 14% communities continue to grow steadily in numbers and Purposes Trust. engagement. In 2016/17 the communities grew by 44% The Trust’s financial and administrative functions are on Facebook, 81% on Twitter and 25% on LinkedIn. undertaken by the Law Society with $2,093,029 being In January 2017, the Law Society introduced a new paid out in grants by the Attorney General in the 2016/17 Twitter channel for the President which has attracted 66 financial year. Grants totalling $2,294,989 have been followers. approved for payment in 2017/18. The social media channels update members and Note: The Law Society of Western Australia is the trustee potential members with Law Society news, events and of the Law Society Public Purposes Trust. However, it discussion topics related to the legal profession. Community Legal does not decide which applicants are to receive funding. Centres 76% Applications are assessed through an independent Law Access Ltd three-stage process with the final decision made by the The Law Society continues to provide significant in-kind Attorney General. support to Law Access for finance, payroll, marketing

Law Society Income 2016/17 Law Society Expenditure 2016/17

Professional Professional Development 21% Development 16% Membership 44% Membership 16%

Advocacy 10%

Corporate Services 25% Governance 14%

Francis Burt Law Corporate Francis Burt Law Education Programme 10% Services 34% Governance 1% Education Programme 9%

Annual Report 2016/17 | Page 25 General Manager Reports

Law Mutual (WA)

Law Mutual (WA) provides professional 2017/18 insurance year, Law Mutual (WA) indemnity insurance arrangements. indemnity insurance arrangements and again placed the underwritten component The Professional Indemnity Insurance effective risk and claims management of the professional indemnity insurance Management Committee oversees the solutions for the Western Australian legal arrangements with the following underwriters: operations of Law Mutual (WA), providing profession while recognising the public • Vero (50%); guidance and advice as required. There is interest. a close working relationship between the • Allianz Australia (25%); and The basic contribution rate for the Committee and the staff of Law Mutual (WA). John Rogers 2017/18 professional indemnity insurance • Amlin (Lloyds Syndicate) (25%). The following table sets out details of the General Manager arrangements remained the same as the number of meetings and attendance for the A successful risk management seminar – Law Mutual (WA) previous year. This was due to ongoing Committee. prudent capital management. The number programme was implemented in 2016/17 of claims and notifications of circumstances covering a range of topics that targeted Meetings Committee increased in 2016/2017. The numbers are different groups of practitioners and firms. In attended member estimated to be 67 and 141 respectively addition, in-house seminars were conducted (Total 9) at a number of larger firms. The seminars were against a five year average of 62 (claims) and Dudley Stow 9 122 (notifications). well-attended and 103 insured firms were able to claim a 5% discount on the 2017/2018 Denis McLeod 6 Law Mutual (WA) has dedicated personnel for annual contribution for having met risk Nathan Ebbs 7 each of the core functional areas of insurance management training requirements. services, finance, risk management and claims Laurie Shervington 8 to address customer service and the needs of Part of the work of Law Mutual (WA) is to Hayley Cormann 7 monitor the cause, type, nature and size the business. The work carried out in 2016/17 Ian Williams 9 resulted in an increase in risk management of claims. This allows it to develop and Jocelyne Boujos 9 initiatives and further improvement in business implement appropriate risk management processes. This will result in better claims responses for the benefit of the legal outcomes and improved customer service. profession. The results of this analysis and information captured at the risk management Each year Law Mutual (WA) publishes seminars has again been utilised in an information booklet which details the determining the risk management seminar insurance arrangements including general programme for the 2017/18 insurance year. information on claims, what is and is not covered and the calculation of contributions. Law Mutual (WA) has continued to develop The booklet for 2017/18 insurance year has the insurance and claims system which been distributed to all insured firms and is has, amongst other things, facilitated the available at lawmutualwa.com.au. For the streamlining of processes associated with the annual expiry and renewal of the professional

Page 26 | The Law Society of Western Australia General Manager Reports

Programmes

Programmes delivers services to retain which has enabled the membership fees to Celebration of the Old Court House; and and grow membership, provide relevant be retained for 2017/18; and • the introduction of new services for Continuing Professional Development • increase in market share of 3% (members members including the Employee (CPD) for the legal profession, and deliver with practicing certificates and section Relations Advice Line. a committed education programme for 36) with the Law Society recording 3,028 schools and the broader community. In 2016/17 the Law Society delivered 27 ordinary members in 2016/17 compared social, sporting, networking and informational In 2016/17 the Law Society continued to to 2,942 in 2015/16 and in line with the events including regular Sole Practitioner and Áine Whelan deliver essential membership services that strategic target 2% to 5% growth per Small Firm Forums, Society Clubs, and the General Manager resulted in positive member engagement and annum. Young Lawyer Inter Profession Networking – Programmes growth including: This success is a reflection of the Law events. The Sole Practitioner and Small • stable membership base with 92% Society’s strong culture providing good Firm Forums in particular have continued to retention and a 2.9% growth in members; customer service, listening to members’ needs experience strong growth, with consistent and continually striving to provide better attendance by a loyal cohort. The Young • leader in CPD with a 10% growth in value for members. In 2016/17 a number of Lawyer Inter Profession Networking Series attendance; initiatives contributed to this including: also grew in strength with two events held • strong loyalty in CPD Active membership in 2016/17. These events incorporated a • continuation of pro-rata membership rates with a 13% growth; presentation on a relevant professional for new members; development topic, including business • 16% growth in the Law Society’s • engagement with members and potential etiquette and how to join a board, and the eLearning; and members through presentations, student opportunity to network cross-industry. The • 16% increase in members of the expos, visits to firms and delivering high- Law Society partnered with professional profession that attended Law Society quality events; bodies including: ANZ Young Professional social and major events. Network, KordaMentha, Ernst & Young and • increased value of CPD Active engineering groups IEEE and IET. membership, offering of a further 10% Membership services discount to membership events; The Law Society had 2,700 registered The Law Society’s vision to be the essential attendees at events, which represents an • greater communication and engagement membership of the legal profession has increase of 13% on the previous year. Non- of the Law Society’s programmes, ensured a strong focus on providing value for members accounted for approximately 20% of resources and benefits through the members and has resulted in membership all attendees. The social highlights of the year website and social media channels; growth including: included a successful Gala Dinner marking 10 • new events including the Young Lawyer years of service by the Hon Wayne Martin AC • 3,870 members in 2016/17, compared Inter Profession Networking, Gala Dinner as Chief Justice of Western Australia and the to 3,785 in 2015/16 demonstrating 2.9% for the Profession, the 90th Anniversary 90th Anniversary Cocktail Party. increase in overall membership numbers Cocktail Party and the 180th Anniversary

Annual Report 2016/17 | Page 27 General Manager Reports

The Law Society’s member privileges programme • Elder Law and Succession Committee’s talk on  The Hon Marilyn Warren AC, Chief Justice continued to provide significant discounts and value- Enduring Powers of Attorney; of the Supreme Court of Victoria presenting at adds across a range of home, lifestyle and corporate Law Summer School 2017. • Old Court House Law Museum Law Week talk entitled organisations. New member privilege partners included Henry Willey Reveley: Western Australia’s First Engineer Finer Details Concierge and Organiser Service, Capital and Architect; and Partners, Bayswater Mazda and Gillies Group. • Law Society’s Young Lawyers Committee’s Law Week The Law Society’s accreditation programmes Quality Panel Presentation at the Supreme Court on Access to Practice Standard and Family Law Accreditation provided Justice for Refugees and Asylum Seekers. members with the opportunity to achieve recognition, enhance their competitiveness, mitigate risk and Continuing Professional Development (CPD) ensure excellence in service. The biennial Family Law Accreditation exams have commenced, with an increase Through partnerships with experienced legal practitioners of 25% in candidate numbers registered in 2017. The Law from all branches of the profession, the Law Society Society congratulated two new Quality Practice Standard develops and delivers an annual CPD programme tailored firms, making a total of 48 firms currently accredited. Two for the profession. yearly accreditation workshops were held. Guided by the Law Society’s Education Committee and developed in consultation with subject experts from Law Week 2017 other Law Society committees, the Law Society’s CPD Law Week 2017, one of the most successful to date, programme has continued to attract high calibre speakers supported over 50 events across Western Australia for the who are generously willing to partner with the Law legal profession, community, schools and radio stations. Society when they present seminars and share a range of This included 30 events in metropolitan suburbs and 20 professional opinions and perspectives. To prepare and events in country. Highlights of Law Week were: deliver a seminar involves a substantial commitment of time and skill, for which the Law Society is very grateful. In corruption, the impact of poor work culture, and marketing • Law Week Breakfast and the Attorney General’s 2016/17, seminars have been delivered by 242 speakers, in a downturn as well as addressing important themes Community Service Law Awards with keynote address an increase of 6.6% from the previous year. The Law such as mental health and wellbeing and unconscious by Katie Miller, Executive Director Legal Practice, Society also provided opportunities for emerging leaders bias. Victoria Legal Aid; and rising stars to deliver peer-to-peer training and grow CPD Active continues to be a popular membership benefit • Law Week Awards Night including the announcement their personal brand. for practitioners and firms to access a suite of CPD while of the 2017 Lawyer of the Year Awards and recognition To meet the needs of the profession, the Law Society managing their budgets. CPD Active members account for of practitioners who have held a practising certificate has continued to refine the format of its seminars and more than 50% of total attendances at seminars. for more than 50 and 60 years; ensure that they are delivered across multiple channels to The eLearning platform has facilitated a closer engagement • Youth Civics Leadership Day bringing together 32 maximise its reach State-wide. The Law Society delivered with country, overseas and interstate practitioners as well year 10 students from 16 different schools who had 85 face-to-face seminars, 10 more than the previous year as busy lawyers in the metropolitan area requiring flexibility demonstrated leadership potential and civic awareness and as part of the Law Society’s commitment to flexible in CPD. A total of 724 participants undertook an eLearning within their school and community; work practices seminars were scheduled at different seminar. The number of seminars available increased by times of the day to assist practitioners with work and • CPD seminar YLC: Mental Health Hypothetical; more than 40%, with 47 eLearning seminars now providing family commitments. Seminars used a mix of formats 62 hours of content across all four CPD competency areas. • Law Access Walk for Justice which attracted over including lecture style, workshops, Q&A forums and panel 350 supporters who raised over $27,500 for the Law discussions to accommodate different learning styles. A The Essential Legal Assistant course was for the first Access Pro Bono Referral Service; diverse range of topics drew on contemporary issues such time delivered as a virtual classroom, to allow delegates as surrogacy and parentage, guardianship, anti-bribery and to access the course from anywhere with an internet

Page 28 | The Law Society of Western Australia General Manager Reports

connection. The use of webinars has also expanded to 2017 Law Summer School. Mock Trial Competition with Chisholm Catholic College CPD seminars to meet the needs of legal practitioners. winning the 2016 Competition. Daniel Morey from Shenton Education and community services College was awarded the 2016 Murdoch University Most In 2016/17 on behalf of Law Mutual (WA), the Law Society Outstanding Mock Trial Student Scholarship and 44 delivered 20 risk management seminars across five topics This year the Law Society continued to engage with students and two teachers attended Murdoch University’s including two seminars in Bunbury for country practitioners members of the public and the profession through the Moot Court Bench Mock Trial Competition training seminar to Law Mutual (WA) insureds and other members of the Old Court House Law Museum, the Francis Burt Law and workshop. profession. The Law Society will continue to deliver Law Education Programme and the Mock Trial Competition. Mutual (WA)’s risk management programme in 2017/18 In the 2017 Competition, 1,339 students participated from 15,690 visitors and participants engaged with the Law with an increase in the number of seminars. 55 schools in 126 teams which represent an increase of Society’s education and community services including: 11%. 707 students achieved WACE accreditation towards The Law Society thanks and acknowledges its Education • 9,092 total participants in the Francis Burt Law their high school graduation. This number is expected to Committee members for sharing their networks and skills, Education Programme, representing a 13% increase; rise during the final stages of the 2017 Competition as speakers, and all sponsors who supported the programme. students complete more rounds. The Law Society especially appreciates the ongoing • 1,339 student participants in the Mock Trial support of legalsuper, the partner for the CPD programme. Competition (2017 calendar year) a 11% increase; and The Competition wouldn’t be the success it is without 77 judges and 61 coaches who volunteer. The Law Society • 5,259 visitors to the Old Court House Law Museum. Law Summer School is also grateful to the many teachers who managed the teams. Law Summer School 2017 maintained its reputation Old Court House Law Museum for excellence as the State’s premier legal education The Museum welcomed 5,259 visitors in 2016/17, a Francis Burt Law Education Programme conference when it was held at the University Club on decrease of 20% partly due to the Museum being closed Friday, 17 February 2017. The theme was the pertinent The Programme engaged with 7,600 daily visitors of which in January 2017 to facilitate the install of the last stage of topic of Australia’s Place in the World and 25 top legal 81% were primary or secondary school groups. When the redesign which was completed in March. The install minds from around the country and the world discussed combined with the Clueddunnit Kids Competition, the completed the permanent exhibition From Past to Present: implications for the Australian justice system and legal Lawyer Visits to Schools Network and the Remote and The Changing Face of the Law which provides an overview practice in Western Australia to 160 delegates. Regional Loan Box Programme Pack, the total number of of how the law has evolved in Western Australia. The participants reached 9,092. Major projects included: Law Summer School explored topics of federal jurisdiction, Law Society acknowledges the support of Lotterywest conflict of laws, resources and reform, property law throughout the redesign of the Museum. • The review and expansion of the Year 7-10 online pre- and estate planning amongst others. Of particular note, and post-visit student and teacher resources mapped The Museum had temporary exhibitions Eliza Tracey: presentations from The Hon Marilyn Warren AC, Chief to the WA curricula; Soapbox Orator and Litigant and the History of the Law Justice of the Supreme Court of Victoria, Sarah Green, Society of Western Australia throughout 2016/17 as • Hypothetical event (co-presented with Legal Aid); Associate Professor of Law, University of Oxford, and the well as public programmes including a talk by Dr Leigh Hon Kim Beazley AC, former Ambassador to the United • Subsidised School Visits Programme; Straw on Perth’s Criminal Women as part of the Heritage States, were well regarded by delegates. Weekend and school holiday programmes developed • 2016 Sir Ronald Wilson Lecture presented by Greg The high calibre of speakers at Law Summer School each and implemented with support from Heritage Perth. The McIntyre SC; and year demonstrates the Law Society’s ongoing commitment Museum’s Oral Histories Project focused on Women in • The Lore Law Project: a culturally inclusive to bring the profession high quality CPD. Law Summer the Law with interviewees including Kate George, the Hon collaboration to develop tools and digital resources for School complements the Law Society’s year-round CPD Christine Wheeler AO QC and Karen Farley SC. Aboriginal youth to strengthen and grow awareness of programme. their rights and their experience of the legal system in Mock Trial Competition The Law Society thanks and acknowledges its Education Western Australia and traditional Aboriginal lore. Committee Law Summer School Sub Committee members In October 2016, Carey Baptist College and Chisholm for the work that they again did in presenting a successful Catholic College competed in the Grand Final of the

Annual Report 2016/17 | Page 29

COMMITTEE REPORTS

Annual Report 2016/17 | Page 31 Committee Reports

Access to Justice Committee

Greg McIntyre SC Convenor

Law Access Limited has gone from strength Legal Centres. It was assisted by the Productivity The Law Society acknowledges to strength in the past year, having now been Commission Report on its Inquiry into Access to and thanks: running for two and a half years. The Committee Justice Arrangements which had been presented • Greg McIntyre SC (Convenor) receives reports from Law Access Limited, late in 2015 and which the Law Society, including in relation to its Stakeholder Advisory through various committees, had reviewed and • Maryse Aranda Committee and Lawyers for Refugees Network. summarised. The Convenor represented the Law • Alexandria Bishop Law Access again organised a very successful Society with the Law Council Australia in relation Walk for Justice during Law Week, which raised to that campaign. • Greg Boland much-needed funds for Law Access. The Convenor attended the National Access to • David Blades The Convenor represented the Law Society on Justice and Pro Bono conference in Adelaide in • Mark Cox the Law Council of Australia Access to Justice March 2017 and provided a briefing to United Committee, coordinating the policy positions Nations Special Rapporteur on the Rights • Lara Gotti taken at a State and National level on relevant of Indigenous People on the McGlade Full issues. Federal Court decision on Indigenous Land Use • Dominique Hansen (Observer) Agreements. The Committee continued to support the • Aaron McDonald Law Council of Australia’s Legal Aid Matters • Marshall McKenna campaign as it moved into phases two and three, related to candidates for election, as well as the • Jenny McKenzie State-based campaign related to the WA election • Gary Mack and the threatened de-funding of Community • Steven Penglis • Jonathon Slack-Smith • Nicholas Snare • Mari Takla • George Turnbull (Observer) • Heather Williams

Page 32 | The Law Society of Western Australia Accreditation Committee

Trevor O’Sullivan Convenor

The Accreditation Committee advises the Law Society’s privilege of formally applying the accredited family law The Law Society acknowledges Council on the rules and regulations that govern the specialist designation, and distinctive logo, is reserved and thanks: granting of accreditation by the Law Society. In a exclusively for accredited specialists. Appointment as a • Trevor O’Sullivan (Convenor) secondary capacity the Committee acts as the advisory specialist is a significant milestone in the career of a family board for family law accreditation. Accredited family law law practitioner, and the Committee congratulates those • Damien Bowen specialists must be members of the Law Society, and admitted as candidates and wishes them well for the • Debbie Clinch there are currently 41 family law specialists accredited in assessment tasks ahead. Western Australia. • Samuel Fahey The Law Society also actively participates in the Family The Committee’s achievements in 2016/17 include: Law Specialist Accreditation National Steering Committee. • Rodney Hooper SC This ensures that all states and territories share information • assessment of professional development activities • Elizabeth Hynes to facilitate a consistent approach to assessment and submitted by accredited specialists, for which credentialing. In an assessment year, the National Steering • Eric Martino professional development points may be allocated; Committee works to promote consistency and uniformity of • Paula Wilkinson • delivery of the biennial specialist accreditation approach. That has included the Committee working with assessment programme, this being a year in which the representatives of the other law societies and institutes accreditation assessment has commenced; to review and settle the assessment tasks and marking guides for assessment. • re-accreditation and auditing of accredited specialists; and Western Australia is the only state in which accredited practitioners are required to submit requests to the • the mutual recognition of interstate accredited Committee for the approval and allocation of professional specialists, in accordance with the national programme. development points. This task represents a significant The current accreditation assessment programme commitment of time for the Committee. commenced in April 2017 with detailed information sessions for candidates. 12 candidates are participating this year, a 33% increase on the previous programme. That number reflects the esteem in which specialist accreditation is held. Specialist accreditation provides formal recognition of a legal practitioner’s high degree of technical competency in the area of family law. The

Annual Report 2016/17 | Page 33 Committee Reports

Administrative, Constitutional and Migration Law Committee

Greg McIntyre SC Convenor

The Administrative, Constitutional and The Committee has conferred with the The Law Society acknowledges Migration Law Committee during 2016/17 Migration Institute of Australia and the and thanks: met jointly with the Human Rights and Equal Community Legal Centres Association (WA) • Greg McIntyre SC (Convenor) Opportunity Committee. Inc with a view to re-establishing regular liaison with the Department of Immigration • Maryse Aranda An issue of concern which it confronted, and Border Protection. (former Committee member) and continues to be engaged with, is the suspension of regional certification body The Committee also endeavoured to • Elmi Carlean applications under the Regional Sponsored maintain a liaison with the Australian • Kendra Hagan Migration Scheme. Institute of Administrative Law. • Nathan Landis The Convenor had input into the Law (former Committee member) Council of Australia’s Regional Processing Policy Statement relating to Asylum • Peter Lochore Seekers. • Janette McCahon The Committee maintained a liaison with • Peter Neil the Administrative Appeals Tribunal through membership of its Users’ Group. • Janet Woollard • Crawford Yorke

Page 34 | The Law Society of Western Australia Alternative Dispute Resolution Committee

Laurie James AM Convenor

As a Recognised Mediator Accreditation The Committee received four applications The Law Society acknowledges Body under the National Mediator for inclusion in the panel as arbitrators. and thanks: Accreditation System (NMAS), the Law While three of those had general arbitration • Laurie James AM (Convenor) Society’s Council can approve applications qualifications, one was an accredited Family for accreditation or re-accreditation. The Law Arbitrator, since the panel is open to • Scott Ellis (Deputy Convenor) Alternative Dispute Resolution Committee the inclusion of specialist arbitrators with • Mark Blundell considers such applications and makes suitable qualifications. It will be a matter for recommendations to the Law Society’s the President, if called upon to nominate • Graham Castledine Council for that purpose. an arbitrator, to consider the extent of the • Nicoletta Ciffolilli necessary qualifications required for the In 2016/17 the Committee resolved to appointment. • Maha Chaar recommend to the Law Society’s Council that applications for accreditation and re- The Committee also recommended the • Stanley Kawalsky accreditation under the NMAS be on standard inclusion of three people for inclusion in the forms as settled by the Committee. These panel of mediators. The Committee would • Richard Lilly were approved by the Law Society’s Council consider it desirable for applicants to have • Marcus Pullen and are now available on the Law Society’s NMAS accreditation, although suitable website. Many thanks to Nicoletta Ciffolilli, accreditation to another standard equivalent • His Honour Judge Stevenson who prepared the draft documents. would be considered. • Evan Sylwestrzak In addition, the Law Society maintains a panel The President of the Law Society spoke to • Graeme Windsor of accredited arbitrators and mediators. While the Convenor regarding the desirability of there is a significant discretion as to whether having more women on the panel if suitably to approve an application for an arbitrator qualified and also wrote to the Western to be included in the panel, it would be an Australian Bar Association drawing the advantage to be accredited by recognised matter to its attention. Subsequently, a bodies such as the Chartered Institute of female applicant for inclusion on both panels Arbitrators or the Singapore International was recommended by the Committee for Arbitration Centre. approval.

Annual Report 2016/17 | Page 35 Committee Reports

Brief Editorial Committee

Jason MacLaurin Convenor

Brief is the official journal of the Law Society. In the run-up to the State election in March, The Law Society acknowledges Its purpose is to keep members informed Brief published responses to the Law and thanks: about what the Law Society is doing, as well Society’s policy positions from both the then- • Jason MacLaurin (Convenor) as publishing articles of interest to the Western Government and Opposition. June’s Brief was Australian legal profession. Brief has been a special edition celebrating the Law Society’s • Moira Taylor published by the Law Society since 1974. 90th anniversary. (Deputy Convenor) 11 monthly editions of Brief were published The Committee thanks all those who • Gregory Boyle in the past financial year, featuring articles submitted articles or items for consideration, • Andrew Cameron covering a wide range of topics and issues, a and encourages anyone who is interested in (former Committee member) selection of which are described below. doing so to submit material. While Brief does • Tom Camp source articles from other places, it primarily The July 2016 issue included an article by depends upon material from local members of • Dr Rebecca Collins the Hon Chief Justice Wayne Martin AC, the profession. • Robert French giving a behind the scenes look at the new David Malcolm Justice Centre. In September, Thank you also to those who make regular • Catherine Graville Brief published the text of the 2016 Sir monthly contributions to Brief, including Dean (former Committee member) Ronald Wilson Lecture, The High Court: legal Alston for his Pam Sawyer cartoon, Robert • Melissa Koo answers to contemporary political, social Glade-Wright with family law case notes and • The Hon John McKechnie QC and administrative issues presented by Greg Gino Dal Pont for his ethics column. McIntyre SC. • Brigitte Monchouguy The Committee thanks all of the Law Society (former Committee member) October’s issue focused on health and staff involved in the production of Brief, whose • Alain Musikanth wellbeing, while also including a review of the organisation and support is invaluable. The Law Society’s Gala Dinner. November was a Committee also thanks our proof-readers • Maureen O’Connell legal education edition, posing the question Sonia Chee and David Garnsworthy who (former Committee member) ‘what makes a good lawyer?’ and examining generously donate their time, as well as former • Fiona Poh the changing nature of legal education. proof-reader Ann Kay. • Tom Porter (former Committee member) • Dr Pat Saraceni • Robert Sceales • Verginia Serdev-Patterson • Eu-Min Teng

Page 36 | The Law Society of Western Australia Commercial Law Committee

Jenny Cutri Convenor

The Commercial Law Committee’s role is to report and • the proposed ASIC industry funding model; The Law Society acknowledges make recommendations to the Law Society’s Council on and thanks: • amendments to the Privacy Act 1988; commercial issues of significance to the Law Society and • Jenny Cutri (Convenor) its members. The Committee has representatives on the • amendments to Australia’s bankruptcy and insolvency following liaison groups: laws including the new regime for administrators • Bruce Meredith and official liquidators, safe harbour provisions (Deputy Convenor) • State Revenue Liaison Group; protecting directors from liability for insolvent trading • Bruno Camarri AM • Consumer Protection Liaison Group; while restructuring a company, limitations to ipso facto clauses giving a party to a contract the right • Sonia Chee • ASIC Regional Liaison Group; and to terminate on the basis that the counterparty is in • David Davidson • Law Council of Australia, Business Law Section, external administration; and Corporations Law Committee. • Paul Evans • increasing the transparency of beneficial ownership of Members of the Committee attended meetings in order to companies. • Robert French obtain information and to provide feedback on behalf of The Committee contributed to submissions or papers • John Lightowlers the Law Society on various topics. For example, in August approved by the Law Society in relation to the following: (former Committee member) 2016, the Director of Legislation and Policy from the Department of Commerce, Penny Lipscombe, attended • the Australian Consumer Law Review; • Robert McKenzie a Committee meeting to provide a comprehensive • remote signing protocols for financial transactions; • Adam Santa Maria legislative and policy update to the Committee. • unqualified people engaging in legal practice; and • Tamra Seaton (former In 2016/17 the Committee considered a wide range of Committee member) commercial issues and monitored legal developments • draft revenue ruling DA19. and the progress of new legislation and reports in relation • Antoinette Smit to a number of different subject areas, including: • Shane Stewart • ASIC consultations and amendments to ASX Listing Rules regarding admission criteria for backdoor • Rachel Webber listings, forward looking statements, resource • Linda Widdup statements and compliance with the JORC Code; • Grahame Young • review of corporate tax and whistle blower (former Committee member) protections;

Annual Report 2016/17 | Page 37 Committee Reports

Construction and Infrastructure Committee

Greg Steinepreis Convenor

The Construction and Infrastructure • monitoring the Federal Government’s The Law Society acknowledges Committee was established in August initiative in setting up an enquiry into and thanks: 2015. The Committee’s meetings are held security of payment legislation (John • Greg Steinepreis (Convenor) in conjunction with meetings of the Law Murray Enquiry on Security of Payment Council of Australia’s Construction and Laws); • Michael Hollingdale Infrastructure WA Group. This Group is part (Immediate Past Convenor) • preparing a submission on behalf of the of the Law Council’s Business Law Section’s Law Society to the John Murray Enquiry, • Stephen Boyle longstanding Construction and Infrastructure which was incorporated into a submission Committee. There is considerable overlap of • Melanie Cave to the Enquiry by the Law Council of members of the Law Society’s Committee and Australia; • Elizabeth Cubitt members of the Law Council’s Committee. • consideration of decisions of the Supreme • Elisabeth Edwards Topics for discussion by the Committee Court and the State Administrative Appeals have included local as well as national issues • Scott Ellis Tribunal on cases of significance to the relating to the construction industry. construction industry; and • Basil Georgiou Greg Steinepreis was appointed the • co-hosting a seminar for construction Committee’s Convenor in October 2016, • James Healy practitioners with the Resolution Institute succeeding the inaugural Convenor, Michael (formerly the Institute of Arbitrators & • Stephen McComish Hollingdale. Mediations Australia), the Society of • Laurie James The Committee’s activities for 2016/17 include: Construction Law Australia and the Chartered Institute of Arbitrators in • Nathan Landis • monitoring the amendment bill of the November 2016. Construction Contracts Act arising out • Richard Lilly of a statutory review of the Act and • Phil Loots the Government’s response, including discussion on the benefits of national • Chris Ryder harmonisation of the security of payment • Robert Shaw legislation throughout the States and Territories;

Page 38 | The Law Society of Western Australia Costs Committee

Fraser Robertson Convenor

The Costs Committee’s primary function is to make • the processes and procedures in dealing with The Law Society acknowledges recommendations to the Law Society’s Council in taxations in the Federal Court of Australia, which and thanks: relation to reviews conducted by the statutory Legal included meeting with the Registrars for that Court; • Fraser Robertson (Convenor) Costs Committee (LCC). and • Matthew Curwood In 2016/17, the Law Society made detailed submissions • costs law reform, and particularly alternatives to time (Deputy Convenor) in relation to reviews of the scales of costs for solicitors’ billing and investigating costs budgeting. costs, public notaries and non-contentious probate • Brendan Ashdown The Committee was sad to see Allan Newton retire scales. from the Committee. However, the Committee has • Maria-Luisa Coulson The Law Society made a submission in relation to the been buoyed by the addition of Daniel Yazdani to the • David Davidson scales of costs applicable to work undertaken before Committee. Welcome Daniel. Family Law Magistrates at 150 Terrace Road. • Justin Edwards The Law Society also updated the Family Law Costs • Stewart Forbes Kit to better ensure that members can comply with their • David Garnsworthy obligations under the Legal Profession Act 2008 (WA). • Richard Graham Other matters considered by the Committee in 2016/2017 include: • Stanley Kawalsky • continuing to monitor the costs charged for bailiff • Allan Newton services in the Magistrates Court by Baycorp and (former Committee member) associated levels of service; • Lachlan Palmos • whether a separate scale of costs for the Warden’s Court ought be implemented; • Amy Pascoe • Phillipa Rezos • Milos Supljegla • Daniel Yazdani

Annual Report 2016/17 | Page 39 Committee Reports

Country Practitioners Committee

Brooke Sojan Convenor

The Country Practitioners Committee is The Committee continues to look at CPD The Law Society acknowledges representative of practitioners working in providers that offer CPD in the regions to and thanks: regional and remote Western Australia. ensure that face-to-face CPD is available in • Brooke Sojan (Convenor) the regions. The Committee also discusses The current focus of the Committee has been ongoing issues facing regional areas through • Ryan Arndt on strategic planning and the best way to engagement, such as recruitment and retention practically implement the goals set by the • Peter Brindal of lawyers, the use of technology, networking Committee. The Committee aims to ensure and mental health initiatives. These issues are • Julia Barber the Law Society is representing, engaging, often brought to the Committee’s attention connecting, supporting and advocating for all • Amelia Englert through other committees working on these members of the profession in regional areas. individual issues. • Kylie Kerin The Committee has compiled a list of The Committee also has representation on the • Alexander Payne practitioners in each regional area so that it Law Council of Australia’s Rural, Regional and can consider a more targeted approach to Remote Lawyers Committee to engage in a • Helen St Jack engagement. The Committee continues to national discussion on issues facing country (former Committee member) engage with country practitioners and find ways practitioners and to ensure the Committee is to ensure that all areas of regional and remote informed of issues facing practitioners on a Western Australia are represented. national platform.

Page 40 | The Law Society of Western Australia Courts Committee

Clinton Russell Convenor

The Courts Committee this year has assisted the Law Society with The Law Society acknowledges and thanks: productive dealings with the Supreme Court, the District Court, the Attorney General, the Legal Practice Board, the Legal Costs Committee and the State Administrative Tribunal, amongst others: • Clinton Russell (Convenor) • The Hon Justice Simon Moncrieff • to the Supreme Court, the Law Society made submissions • David Bruns in relation to mortgage repossession rules, the scope of the (Deputy Convenor) • Martyn Plummer undertaking on subpoenas and electronic filing; • Geoffrey Bourhill • Dr Pat Saraceni • with the District Court, there has been discussion about electronic • Tim Carey • Principal Registrar filing and the mechanics of arranging for payment of reduced fees; Larissa Strk • Raymond Christensen • to the Attorney General, there have been representations in relation • Peter van der Zanden to the increases in court fees and reform of the Suitors’ Fund Act; • Rick Cullen • Fiona Vernon • the Law Society has written to the Legal Practice Board in relation • David Davidson • Deputy Chief Magistrate to unqualified persons doing legal work in the Liquor Commission • Karen Farley SC and in relation to guidelines for use of ‘SC’ or ‘Special Counsel’ in a Elizabeth Woods non-misleading way; • Stewart Forbes • the Law Society responded to the Legal Costs Committee in relation • Richard Graham to a costs scale for the Warden’s Court; and • Edward Greaves • the Law Society corresponded with State Administrative Tribunal in • Jenni Hill relation to delays caused by members of the Tribunal encountering conflicts. • District Registrar Martin Jan In addition, the Committee helped settle the Law Society’s policy • Registrar George Kingsley paper on People Unlawfully Engaging in Legal Work. Members of • Aaron McDonald the Committee have also met with Baycorp to discuss appropriate standards of service for bailiffs. • Marshall McKenna

Annual Report 2016/17 | Page 41 Committee Reports

Criminal Law Committee

David Davidson Convenor

The 2016/17 financial year was once again a very busy The Committee has also been busy contributing to a The Law Society acknowledges year for the members of the Criminal Law Committee. number of Bills relating to criminal law and procedure and thanks: over the past 12 months, and was recently consulted The Committee is well balanced with prosecutors, • David Davidson (Convenor) in relation to the statutory review of the Criminal defence, the Western Australian Bar Association Investigation Act 2006. The Committee also provided • Karen Farley SC and sole practitioners but still lacks a voice from the a submission to the Law Society’s Council for the Law (Deputy Convenor) Aboriginal Legal Service. A representative from the Council of Australia on the Terms of Reference for the Aboriginal Legal Service would be a welcome addition • Ryan Arndt Australian Law Reform Commission’s Inquiry into the to the Committee membership. Incarceration Rate of Indigenous Australians. • Mara Barone The Committee continues to monitor the mandatory The Committee maintains liaison with other relevant • Avril Bartlett sentencing provisions under the recently amended committees: Mara Barone is a member of the Stirling burglary offences of the Criminal Code for unjust • Stephen Butcher Gardens Magistrates Court Committee and Sam outcomes for offenders. Furthermore, the mandatory Vandongen SC is on the Supreme Court Chief Justice • Kate Gregory sentencing provisions for reckless driving under the Disclosure Sub-Committee. The Committee has Road Traffic Act are also being monitored for similar also contributed to the Aboriginal Incarceration and • Kylie Kerin purposes. The Law Society remains committed to its Justice Reinvestment Working Group and monitors the (former Committee member) opposition to mandatory sentencing. Disability Justice Centre through Karen Farley SC. • Lana Paxman The Committee has continued to liaise with the The Committee has been supportive of the Law Department of Corrective Services regarding issues • Lex Payne Society finding ways to reduce time delays in the within the prison environment and its non-workability District and Supreme Courts with the ever-decreasing • Carly Price for lawyers dealing with clients who are incarcerated. budgets but with greater workloads. The Law Society has recently written to the Minister • Kirsten Scott on these issues and the change of Government will • Antoinette Smit hopefully bring a positive outcome to this matter. (former Committee member) The problems that legal practitioners experience using the prisons to see clients on a daily basis has • Nicholas Snare not improved, especially in the women’s prison. The • Sam Vandongen SC Convenor has been active in moving this agenda along. • Registrar Whitbread

Page 42 | The Law Society of Western Australia Education Committee

Elizabeth Needham Alain Musikanth Co-Convenor Co-Convenor

The Education Committee is the driving force behind will be delivered during the second half of 2017 and in The Law Society acknowledges the Law Society’s Continuing Professional Development 2018. Through the eLearning platform, this year the Law and thanks: (CPD) programme. Committee members generously Society offered a record number of online seminars across • Elizabeth Needham share their expertise and networks to ensure that the all four competency areas ensuring that country, interstate (Co-Convenor) Law Society’s CPD programme is relevant and engaging. and overseas practitioners receive the same rigorous and The Co-Convenors are supported by a hardworking high quality training opportunities as their counterparts • Alain Musikanth committee and Law Society staff. Through their work, the based in the Perth metropolitan area. In 2016/17 webinars (Co-Convenor) Law Society ensures that practitioners across the State were introduced to enhance the reach of the CPD • Shonelle Duthie may confidently look to the Law Society to meet their programme. These have been integrated into seminars legal education and professional development needs. A offered to legal practitioners and legal support staff. For • Angelina Gomez comprehensive CPD programme connects the profession the first time, webinars were also used to deliver training, • Fiona Grgich by drawing together speakers from the judiciary, the Bar, such as to legal support staff enrolled in the Law Society’s private law firms, in-house and government practice, and The Essential Legal Assistant course. The Ethics on Friday • Adam Levine from academia. The high calibre of our presenters and speaker series also continues to be well subscribed. session chairs, and the quality of our topics, ensure that Seminars programmed in 2017 have included two dealing • Su Lloyd the CPD Programme is tailored to meet practitioners’ with mental health awareness, diversity and inclusion, and • Fiona Low professional development needs. unconscious bias. • Glen McLeod As ever, the Committee is grateful for the sustained level of support from delegates and speakers for the Law • Alex Noonan Society’s CPD Programme; including flagship seminars • Dr Pat Saraceni such as Law Summer School, Essentials of Advocacy, and the Practical Advocacy Weekend. In 2017 the Law Society partnered with the ECU Security Research Institute to develop and deliver bespoke training on cyber security issues identified by the local legal profession. This training

Annual Report 2016/17 | Page 43 Committee Reports

Elder Law and Succession Planning Committee

Elizabeth Heenan Convenor

The Elder Law and Succession Planning Committee’s particular The Committee contributed to the Law Council of Australia’s The Law Society acknowledges areas of interest are: submission to the Australian Law Reform Commission’s Elder and thanks: Abuse Inquiry discussion paper. The Law Society’s submission • power of attorney reform, including interstate mutual • Elizabeth Heenan (Convenor) was noted by the Law Council of Australia in its submission. recognition; • Michael Bowyer The Committee continues to be consulted by the Law Society’s • legislative progress in succession law; Costs Committee with regard to the Legal Costs Committee • Sally Bruce • probate practice; and review of the Legal Practitioners (Non-Contentious Probate • Tara Connolly Costs) Determinations when reviews are conducted. • the Family Provision Act 1972 (WA). • Rob Durey The Committee is conducting the following reviews: The Committee liaises with the Law Council of Australia • Susan Fielding National Elder Law and Succession Committee of which the • a review of the Report of the Statutory Review of the Convenor is the national Chair, and with the Supreme Court of Guardianship and Administration Act 1990, Department • Dr John Hockley Western Australia Probate Committee on which a Committee of the Attorney General, with a view on making further • Patrick Hughes member (currently the Convenor) represents the Law Society. submissions on the recommendations in the Report. At the Convenor’s meeting with the Attorney General, the question • Craig James In the past year, the Law Society has made submissions to the of amending the Guardianship and Administration Act 1990 Supreme Court Probate Committee in relation to the following: to include specific provisions relating to ademption was • Janette McCahon • querying the correct procedure for when a defendant in a raised and the Attorney General has advised that he will be • Nova Oldfield family provision claim seeks to become a plaintiff; and putting that position forward to his Succession Law Working Group for review; and • Michaela Speering • requesting the reinstatement of the probate elodgment • Michelle Wilkes search facility due to its capacity to track applications and • a review to extend Statutory Wills to minors. whether the Grant of Probate has been made. The Committee also consulted with the Law Society’s • Matthew Wallis The Committee drafted a policy position paper advocating for Education Committee for CPD seminars on Estate Planning • Daniel Yazdani amendments to the Administration Act 1903 (WA) to increase masterclass, Will drafting masterclass and Urgent wills and the statutory legacy for widowed spouses whose partners die assessing a client’s mental capacity. intestate. The paper was used by the Law Society for advocacy on legal issues being faced by Western Australian community in the lead up to the State election in March 2017. The Hon John Quigley MLA, Attorney General of Western Australia, invited the Convenor to attend on him to discuss the matters raised in that submission and he is now proceeding to progress the intestacy bill which had been submitted to the former Attorney General.

Page 44 | The Law Society of Western Australia Employment Relations Committee

Daniel White Convenor

The Employee Relations Committee is represented by The Committee also had a dinner with Deputy President The Law Society acknowledges practitioners who practice in the fields of employment, Binet (the former Deputy Convenor of the Committee) and thanks: industrial relations and diversity (including discrimination towards the end of 2016 to formally congratulate her on • Daniel White (Convenor) and harassment). her appointment to the Fair Work Commission. • Philip Brunner The fields of law dealt with by the Committee are subject A focus of considerable debate and thought for the (Deputy Convenor) to considerable legislative change from time to time Committee this year was around non-lawyers performing depending on the Government of the day. As a result, legal work. The Committee contributed to the Law • Joseph Burke the Committee remains committed to its bi-partisan Society’s paper concerning unqualified people engaging • Stephen Butcher cause and largely refrains from making submissions in legal practice which investigated a number of areas of • Mark Cox to the Law Society’s Council on proposed legislative law, including workplace relations, where non-lawyers changes in order to maintain its neutrality. are likely to engage in legal work. • Anna Creegan The Committee consulted with other Law Society • Ben Dawkins committees for a number of events in 2016/17 as well (former Committee member) as an employment feature for Brief. In March 2017, the • Robert French Law Society hosted a joint event with the Australian • Kendra Hagan Labour Lawyers Association in Perth with Justice Barker, Deputy President Binet and Commissioner Emmanuel. • Renae Harding • Dominique Hartfield • Michael Jensen • Stephen Kemp • Layla Langridge • Vincent Pelligra (former Committee member) • Joanna Vincent • Ben Watson • Alex Weston (former Committee member) • Lorilee Yu (former Committee member)

Annual Report 2016/17 | Page 45 Committee Reports

Environment, Town Planning and Local Government Committee

Denis McLeod Convenor

The Environment, Town Planning and Local Government • monitoring of: The Law Society acknowledges Committee has had a busy 2016/17 with outcomes and thanks: oo the review of the Contaminated Sites Act 2003 including: (WA); • Denis McLeod (Convenor) • the Committee has again attempted but been unable oo State Planning Policy 2.8, and the impact on • Charmian Barton to interest major political parties in the transfer of landowners of its provisions for uncompensated environmental appeals to independent adjudication • Andrew Carr setting aside of land for conservation purposes; in the State Administration Tribunal. The Committee and • Graham Castledine is committed to continuing its efforts to deprive Western Australia of the distinction of being the only oo the possibility of Third Party planning appeals. • Martin Flint State where planning appeals are not dealt with by an The Committee maintained its participation in the activities • Clare Gleeson independent tribunal; of the Australian Environment and Planning Law Group. • Peter Lochore • recommendations and contributions were made to The major project of the Committee has been to focus the Law Society’s Education Committee for CPD • Eve Lynch and inform the Law Society’s Council’s efforts to assist seminar topics and speakers including a seminar in dealing with the apparent depletion of the planning on compulsory taking of land and compensation • Alexander McGlue law specialist adjudicating membership at the State has seeking to correct a perceived anomaly in the • Glen McLeod Administration Tribunal. That is a work in progress. compensation provisions of the LA Act; • Belinda Moharich • contribution to the Law Society’s discussion paper on unqualified people engaging in legal work, particularly • Linda Rowley focusing on non-lawyer advocates charging for their • Julius Skinner advocacy services in State Administration Tribunal matters; and • Craig Slarke • Elisabeth Stevenson • Dr Stephen Willey

Page 46 | The Law Society of Western Australia Committee Reports

Ethics Committee

Julian Sher Convenor

The Ethics Committee had an active year, with sub- The Committee also undertakes a monitoring role of The Law Society acknowledges committees reporting on a range of issues, culminating new methods of professional advertising and alternative and thanks: in the publication of the Law Society’s new guidelines ways of providing legal services and other professional • Julian Sher (Convenor) on both Information Barriers and Client Capacity, conduct matters as required from time to time. and soon to be published guidelines on Unbundling • Fiona Vernon The Committee acknowledges the considerable of Legal Services. The Committee continues its work (Deputy Convenor) contribution to the Committee’s activities of Joseph in advocating for the adoption of the Uniform Law in McGrath SC (now the Honourable Justice Joseph • David Cox Western Australia. The Committee has also contributed McGrath) and extends to him the Committee’s to the Law Society’s paper concerning unqualified • Cinzia Donald congratulations on his elevation to the Supreme Court people engaging in legal practice and will continue to bench. At the time of writing this, the Honourable • Justin Edwards contribute to the Law Society’s new Futures Reference Justice Gail Archer has also been elevated to the Group to address the future of the legal profession. • Paul Evans Supreme Court bench. The Committee congratulates The Convenor has contributed to the Law Society’s her and acknowledges her invaluable role as a past • Angelina Gomez Anti-Money Laundering and Counter-Terrorism Deputy Convenor of the Ethics Committee. legislation Working Group and is occasionally asked to • Dorothy Guerini provide ethical advice to members of the Law Society. • James Healy • Registrar George Kingsley • Joseph McGrath SC (former Committee member) • Ashley Macknay • Alain Musikanth • Alison O’Dwyer • Nova Oldfield • Craig Slater • Fiona Stanton • Sam Vandongen SC (former Committee member)

Annual Report 2016/17 | Page 47 Committee Reports

Francis Burt Law Education Programme and Old Court House Law Museum Advisory Committee

The Hon Wayne Martin AC, Chief Justice of Western Australia Convenor

The Francis Burt Law Education Programme and Old Court The winners of the 2016 Mock Trial Competition were the The Law Society acknowledges House Law Museum Advisory Committee continued to Chisholm Challengers from Chisholm Catholic College. and thanks: oversee the activities of the Francis Burt Law Education The 2017 Competition saw a record number of participants • The Hon Wayne Martin AC Programme, including the Mock Trial Competition, and the again – over 1,300 students from 55 schools in 126 teams. (Convenor) Old Court House Law Museum. The support and assistance of volunteers from the legal profession, who take on the role of either a team coach or a • Professor Jürgen Brohmer In March 2017, 87 guests attended an event at the Old judge, is invaluable to the success of the Competition. Court House to celebrate the 180th anniversary of the Old • Rob Christie Court House, the 30th anniversary of the Francis Burt Law The number of visitors to the Old Court House Law Museum • Professor Paul Fairall Education Programme and Mock Trial Competition and in the reporting period was 5,259. The install of the last the launch of the last stage of the redesign of the Museum: stage of the redesign of the Museum was completed in • Emeritus Professsor From Past to Present. March. The North-East Gallery permanent exhibition is Peter Handford entitled From Past to Present and provides an overview of During the year under review, more than 9,000 participants • Professor Doug Hodgson how the law has evolved in Western Australia. Sub-themes received the benefit of programmes and services provided include women and the law, children and the law and the • Rupert Johnson by the Programme. The Cluedunnit Kids competition imposition of European law on Aboriginal communities. continued to grow in 2017 with 939 year 5/6 students from Temporary exhibitions during the reporting period included • Katja Levy metropolitan and regional schools taking part. The winning Eliza Tracey: Soapbox Orator and Litigant and the History team was from St Brigid’s School in Collie. • Marshall McKenna of the Law Society of Western Australia. The Museum’s 62 students and teachers took part in the 2017 Hypothetical Oral Histories Project focused on Women in the Law. • Stephen Powell event, the Young and the Reckless, and more than 100 Interviewees who have contributed include Kate George, • Associate Professor people attended the 2016 Sir Ronald Wilson Lecture the Hon Christine Wheeler AO and Karen Farley SC. Natalie Skead presented by Greg McIntyre SC. • Dr Adam Tomison Progress has been made in the development of a two- way learning resource for Aboriginal youth and Aboriginal communities: the Lore Law Project. Two days of training with the Indigenous Youth Leadership Team took place in December and the project team is currently working with youth at Sevenoaks College and Gosnells PCYC to create a pilot film on the consequences of fare evasion.

Page 48 | The Law Society of Western Australia General Conditions for the Sale of Land

Frank Poeta Convenor

The main focus of the General Conditions for the Sale of The only amendment to the Joint Form during the reporting The Law Society acknowledges Land Committee’s work in 2016/17 was the full review of period related to the Federal Government’s announcement and thanks: the Joint Form of General Conditions for the Sale of Land of changes to the foreign resident capital gains withholding • Frank Poeta (Convenor) (Joint Form). The aim of the Committee is to produce regime. The changes now mean that the regime applies a revised version of the Joint Form to be published by to contracts entered into on or after 1 July 2017 for real • Gary Thomas December 2017. The main amendments are related to: property disposals where the contract price is $750,000 (Deputy Convenor) and above (previously $2 million) and that the withhold tax • including provisions to address the changes to the Sale • Christopher Booth rates is now 12.5% of the purchase price (previously 10%). of Land Act; The amendments were approved by the Law Society and • Meagan Johnston • updates to the provisions dealing with encumbrances; the Real Estate Institute of Western Australia in June 2017. • Robert Kronberger • including provisions dealing with the Personal Property (former Committee member) Security Act; • John Prevost • including provisions dealing with electronic • Susan Thick conveyancing; (former Committee member) • including provisions dealing with the CGT withholding • Peta Whyte tax regime; • updates to the provisions dealing with duty; REIWA • changes to the provisions dealing with the buyer’s right and time to inspect; • Craig Bradley (REIWA) • changes to the provisions dealing with the seller’s • Hayden Groves (REIWA) warranties; and • Ross McCallum • including provisions to allow service of notices by (representing REIWA) email.

Annual Report 2016/17 | Page 49 Committee Reports

Human Rights and Equal Opportunity Committee

Greg McIntyre SC Convenor

The Human Rights and Equal Opportunity Committee met The Convenor and committee member Emma Cavanagh The Law Society acknowledges jointly with the Administrative, Constitutional and Migration represented the Committee on the Law Society’s Aboriginal and thanks: Law Committee during the past year. Incarceration and Justice Reinvestment Working Group • Greg McIntyre SC (Convenor) which developed policy papers for the Law Society on legal The Committee monitored the work of the Law Council of issues contributing to the incarceration of Aboriginal and • Nicola Ashford Australia in developing policy positions on: Torres Strait Islander peoples in Western Australia. • Alexandria Bishop • the Royal Commission into Institutional Responses to The Committee assisted the President of the Law Society Child Sexual Abuse and the National Redress Principles • Emma Cavanagh in preparing a position on the Misuse of Drugs Amendment for Survivors of Sexual Abuse; (Search Powers) Bill 2016. • Rebecca Dennison • the National Model Gender Equitable Briefing Policy; The Committee reviewed the Law Society’s policy position • Alexander Griffiths • migration bills relating to regional processing, visa papers on the death penalty, mandatory sentencing and the • Kendra Hagan revalidation and procedure harmonisation; presumption of bail and the adoption of the Law Society’s Reconciliation Action Plan. • Elizabeth Heenan • disability discrimination; and The Committee is preparing a position paper for the Law • Joelle Hervic • a Modern Slavery Act. Society on the Exposure Draft of the Marriage Amendment • Michael Jensen The Convenor and Emma Cavanagh represent the Law (Same-Sex Marriage) Bill. Society on the Law Council of Australia’s National Human Committee member Elizabeth Heenan is the Law Society • Matthew Keogh Rights Committee. The Law Society contributed to the Law representative on the following Law Council’s committees (former Committee member) Council’s submission to the Inquiry into Freedom of Speech and working groups: • Mathea McCubbing in Australia, and the Convenor appeared on behalf of the Law Council at the Senate Community Affairs References • National Elder Law and Succession Committee; • Elizabeth Needham Committee on Indefinite Detention of People with Cognitive • Equal Opportunity Committee; and and Psychiatric Impairment in Australia. • Ilse Petersen • Elder Abuse Inquiry Working Group. • Rabia Siddique • Mari Takla • Carolyn Tan • Curtis Ward (former Committee member)

Page 50 | The Law Society of Western Australia Indigenous Legal Issues Committee

Krista McMeekan Convenor

The Indigenous Legal Issues Committee joined with The Committee hosted a Law Society social function this The Law Society acknowledges representatives from the Law Society’s Human Rights year to provide a networking platform for Indigenous law and thanks: and Equal Opportunity Committee and Access to Justice students and members of the profession as well as share • Krista McMeeken (Convenor) Committee to lead a strategic campaign in relation to the work of the Committee. justice reinvestment and incarceration rates, publishing • Tammy Solonec (Observer) The Committee continues to work closely with the a number of policy resources available on the Law Francis Burt Legal Education Programme to provide • Micah Kickett (on leave) Society’s website and distributed to key stakeholders. The input and advice in relation to programmes and initiatives Committee is also keeping abreast of developments in the • Tegan Harrington being developed by the Programme. This includes the Constitutional Recognition campaign. Lore Law Project, an educational campaign targeting • Marree Hart The Committee continues to support the implementation Aboriginal youth in both metropolitan and regional Western • June Kenny of a Reconciliation Action Plan for the Law Society and Australia and providing education about legal rights and is excited about the development of the next phase of responsibilities to school and community groups. • Marshall McKenna the Reconciliation Action Plan, which will see the Law The Committee has also maintained its commitment to Society expand its commitments after completing an • Jenny McKenzie communicating on issues of importance to Aboriginal environmental scan of its knowledge and relationships in and Torres Strait Islander peoples and is close to • Sara Pearson this area. recommending to the Law Society’s Council a set • Caroline Tan The Law Society’s Mentoring Programme for Indigenous of cultural protocols and guidelines for practitioners (former Committee member) law students completed its seventh year. The Law Society representing Aboriginal and Torres Strait Islander peoples has worked to develop its relationships with each of in Western Australia. • Mel Thomas the universities to ensure the success of this valuable programme and has reviewed the best methods by which to target students to ensure that they are properly supported.

Annual Report 2016/17 | Page 51 Committee Reports

In-house/Government Lawyers Committee

Pamela Hass Convenor

The In-house/Government Lawyers Committee The Committee hosted a Law Society social The Law Society acknowledges and thanks: aims to promote and support the specific function for members from other in-house • Pamela Hass (Convenor) needs of in-house and government lawyers. organisations to discuss in-house practice with each other and more generally socialise with • Elisabeth Edwards (Deputy Convenor) Committee members have contributed articles other likeminded members of the Law Society. on issues of specific concern to this sector of • Avril Bartlett the profession for Brief. The Committee has continued its work of • Sarah Coxon the last two years to improve the situation of The Committee continues to support the Law restricted practitioners who are supervised • Peter Doherty Society’s CPD programme with suggestions by a non-prescribed agency under the Legal for seminars and participation in seminars • Paul Evans (former Committee member) Profession Act 2008. which not only engage the in-house sector but • David Davidson also inform and educate the private profession on the particular challenges facing in-house • Joelle Hervic practitioners. To this end, a successful panel seminar, chaired by the Convenor, Tips for • Lyn Magro Engaging with In-House Counsel was delivered • Lex Payne by the Law Society and included a presentation on the topic by the Deputy Convenor. • Ilse Petersen • Joanne Quinn • Adam Santa Maria • Miriam Sauley • Rubini Ventouras • Zoran Vukojevic • Graeme Windsor • John Woodhouse (former Committee member)

Page 52 | The Law Society of Western Australia Insolvency and Reconstruction Law Committee

Victoria Butler Convenor

The Insolvency and Reconstruction Law Committee is In August 2016, Committee members attended the The Law Society acknowledges a committee of the Business Law Section of the Law Federal Court of Australia’s annual workshop and in and thanks: Council of Australia. October 2016, Committee members attended the • Victoria Butler (Convenor) Insolvency and Reconstruction annual workshop with The Committee continued its role in liaising with the members of the Insolvency and Reconstruction Law • Philip Blaxill Australian Securities and Investments Commission, the Committees of the other States. Australian Financial Security Authority and the Australian • James Healy Restructuring Insolvency & Turnaround Association. The Committee thanks Adrian Saggers of ASIC and Paul • David John Devellerez of AFSA who regularly attend its meetings and The insolvency and reconstruction industry has seen an provide invaluable insights. • Richard Johnson enormous amount of reform within the last 12 months. The Committee made a number of submissions to the • Robert McKenzie Law Society’s Council including: • Chris McLeod • response to Treasury’s consultation on the proposed • Nino Odorisio Insolvency Practice Rules; • Chris Pearce • response to ASIC’s consultation on the Insolvency Practice Rules; • Claire Petersen • submission in response to ‘Reforms to address • Gavin Rakoczy corporate misuse of the Fair Entitlements Guarantee Scheme’; and • John Vaughan SC • submission in response to the Treasury’s ‘National Innovation and Science Agenda – Improving Corporate Insolvency Law’ 2017.

Annual Report 2016/17 | Page 53 Committee Reports

Intellectual Property and Technology Committee

Nick Stamatiou Convenor

The Intellectual Property and Technology Committee liaises regularly The Law Society acknowledges with IP Australia, the statutory body that administers Intellectual and thanks: Property laws in Australia, in relation to legislative proposals to amend • Nick Stamatiou (Convenor) intellectual property practice and procedure. • Dr David Cox The Committee liaises with the Intellectual Property Society of Australia and New Zealand (IPSANZ), the Institute of Patent and Trade Mark • Professor Philip Evans Attorneys (IPTA), and the Federal Court of Australia regarding various • Associate Professor educational seminars held in Perth. Jani McCutcheon As part of the expanded Terms of Reference to focus more broadly on • Ian McLennan technology and intellectual property issues, the Committee recently (former Committee member) provided detailed submissions to the Law Society’s Council in relation to the Review of the Law Council of Australia Cyber Precedent website. • Michael Paterson The Committee also liaised with the WA Committee of IPSANZ in • Richard Plummer early 2017 to promote a trade mark law update presented by Victorian Barrister, Ed Heerey. • Madeleen Rousseau • Stephanie Rowland • Tamra Seaton (former Committee member) • David Stewart • Alexandra Turner

Page 54 | The Law Society of Western Australia Joint Law Society/Women Lawyers Committee

Catherine Fletcher Convenor

The Joint Law Society/Women Lawyers Committee is In November 2016, the Convenor chaired a Law Society The Law Society acknowledges a liaison group between Women Lawyers of Western CPD seminar as part of the Law Society’s Diversity and and thanks: Australia (Inc) and the Law Society. Inclusion strategic campaign entitled Gender equality • Catherine Fletcher – a business issue. The headline for the seminar was In April 2015, the Law Society established a Working (Convenor since Jan 2017) that “Gender equality in the workplace is not just a Group to respond to Chapter 2 of the Women Lawyers women’s issue – it also makes hard economic sense for • Rebecca Lee of Western Australia’s 2014 20th Anniversary Review of employers with further benefits to the profession and the (Convenor until Jan 2017) the 1994 Chief Justice’s Gender Bias Taskforce Report community generally.” which dealt with career issues facing women lawyers. • Fiona Poh This work continued over the course of 2015 and 2016 During 2016/17, the Committee recommended to the • Nicola Ashford (former and concluded with the preparation of a report which Law Society’s Honours Committee practitioners for: Committee member) identified the gaps between what the Law Society was • candidates for interview for the Old Court House Law then doing and the recommendations in Chapter 2. It • Nikita Barsby Museum’s oral histories project, the theme of which made practical proposals for the Law Society to address for 2016/17 was ‘Women in law’; and • Rebecca Davey those recommendations. A Final Directions Paper (former Committee member) was finalised in mid-2016 and endorsed by the Law • candidates for the 2017 WA Women’s Hall of Fame, Society’s Council on 23 August 2016. The timeframes Women Lawyers of Western Australia and other • Susan Diamond for implementation by the Law Society of the various awards. Chapter 2 recommendations was later approved by • Hayley Dodson The Committee compared the Law Council of Australia’s Council in December 2016. Those timeframes operate • Cinzia Donald National Model Gender Equitable Briefing Policy and the over 2016/17 and 2017/18. Law Society’s Equality of Opportunity Briefing Policy • Elizabeth Heenan One of the first recommendations arising out of the Final and considered the reporting template and guidelines for Directions Paper, which has been recently implemented the Law Council’s policy and made recommendations • Jennifer Hill by the Law Society, was the establishment of a new to the Law Council for amendment of those documents. • Daniela Ion ‘Advancement of Women in the Legal Profession The Committee endorsed the Law Society publicising Working Group’. The new Working Group now meets the availability of unconscious bias training by the Law • Janette McCahon bi-monthly to support the work of the Law Society in Council. • Kate Pedersen implementing the other recommendations of the Final (former Committee member) Directions Paper. • Joanne Quinn • Jasmine Sims • Anne Wood

Annual Report 2016/17 | Page 55 Committee Reports

Mental Health and Wellbeing Committee

David Davidson Convenor

The Mental Health and Wellbeing Committee worked The Committee monitored the use of LawCare WA The Law Society acknowledges carefully through the 13 recommendations that were in particular the Member Assistance Programme and thanks: adopted under the Law Society’s Mental Health & (counselling service) and promotion of this service. • David Davidson (Convenor) Wellbeing Recommendations 2016-2020 (following The Committee promoted the use of the Locum the review of the 2011 Report on Psychological Register and outlined the benefits especially to • Ryan Arndt Distress and Depression in the Legal Profession). small firms and sole practitioners of taking leave • David Blades and allowing another practitioner to operate their An example of this was the review of business. • Libby Fulham Recommendation 6, which involved the preparation of a proposal for a Graduate Advisory Service. The Committee also advocates the need to self- • Justine Howard disclose mental illness when running a practice in the The Convenor and Libby Fulham were both proactive • Sasha Johnson event that the practitioner is struggling to cope. in attending seminars and events delivered by the • Alyce Lynch Law Society over the past 12 months for small firms and sole practitioners. At these events, Ms • Marshall McKenna Fulham provided a great insight into commercial business techniques and how practitioners need to • Alexandra Pieniazek comply with the Legal Profession Conduct Rules. (former Committee member) The Convenor advocated the use and access of the • Philippa Rezos Law Society’s LawCare WA programme provided to members. • Linda Richardson • Nicholas Snare • Matthew Wallis • Sam Witton • Kirsten Young (former Committee member)

Page 56 | The Law Society of Western Australia Personal Injuries and Workers’ Compensation Committee

Gray Porter Convenor

The Personal Injuries and Workers’ Compensation A sub-committee participated in an external consultant’s The Law Society acknowledges Committee has continued its involvement in matters review of WorkCover WA’s Conciliation and Arbitration and thanks: affecting the administration of compensation claims and Services. Members of the Committee continued to • Gray Porter (Convenor) damages awards for personal injuries. participate in WorkCover WA’s Conciliation and Arbitration Service Users’ Group and Costs Committee. The Deputy • David Bruns The Committee made submissions adopted by the Convenor continued to serve on the Law Council of (Deputy Convenor) Law Society’s Council in relation to the District Court’s Australia’s Personal Injuries and Compensation Committee fees and conciliation and arbitration fees and noted • Michelle Antunovich which met to discuss the compensation systems in the the probable increase in fees at the 2017/18 review various States. • Geoffrey Bourhill period. The Committee also participated in a review of the Health Services Act 2016 (Cth) and regulations and Other matters discussed by the Committee this year • Dan Connor commented on and continues to monitor the issue of included the Limitation Act amendment for child abuse, the • Mark Civitella public hospitals’ claims for recovery of medical expenses problems associated with increased use of electronic filing from compensable patients post-settlement. The issue in the courts and taxation of redemption payments. • Erica Dobson of access to hospital and medical practitioner files pre- The long awaited legislative review of the Workers’ litigation continues to be an issue of consideration by the • Prue Griffin Compensation and Rehabilitation Act 1981 is expected to Committee. occupy the Committee in 2018. • Asanka Gunasekera • Karina Hafford • Vidal Hockless • Michael Lourey • Joel Trigg • Kerry Wood

Annual Report 2016/17 | Page 57 Committee Reports

Professional Indemnity Insurance Management Committee

Dudley Stow Convenor

The Professional Indemnity Insurance Management The Committee continued its focus on risk The Law Society acknowledges Committee, as required by the Legal Profession Act, management initiatives that will, over time, lower the and thanks: put in place the Professional Indemnity insurance incidence and cost of claims leading to more stable • Dudley Stow (Convenor) arrangements for the 2017/18 financial year. The contributions, subject of course to the underwriting negotiations were similar to previous years and after market. The 2016/17 risk management seminar • Jocelyne Boujos a review the same panel of insurers as last year was programme introduced a number of different topics • Hayley Cormann retained. targeted at the diverse groups of firms and practitioners that are covered by the arrangements. The seminars • Nathan Ebbs The insurance placement includes consideration of were well-attended and 103 insured firms were able the actuarial report prepared by the actuary, advice of • Denis McLeod to claim a 5% discount on the 2017/2018 annual broker, Marsh, and Law Mutual (WA) staff. contribution for having met risk management training • Laurie Shervington Ultimately, the annual contribution rate was unchanged, requirements. The Committee continued to increase • Ian Williams primarily due to ongoing prudent capital management the risk management resources available to Law and a relatively stable claims environment. The Mutual (WA). A Manager, Risk was appointed and a Committee hopes to be in a position to continue with Risk & Administration Officer will commence early in stable rates in future years. However, this, as always, the 2017/18 year. depends on claims outcomes and underwriting market Financially, Law Mutual (WA) is in a very sound position conditions. Claims numbers in the last year have shown and neither the annual audit nor actuarial reports for a slight increase on the previous five year average. 2015/16 were qualified. The historical average claim size has also continued to increase.

Page 58 | The Law Society of Western Australia Professional Standards Scheme Committee

Alain Musikanth Convenor

The Law Society’s Professional Standards Scheme During 2016/17, the Committee considered a number The Law Society acknowledges commenced on 1 July 2014. The Scheme caps of applications for higher discretionary caps and made and thanks: occupational liability of participating members at $1.5 recommendations to the Law Society’s Council. Six • Alain Musikanth (Convenor) million, $5 million or $10 million depending on the applications for discretionary caps were approved by insurance policies and total annual fee income of the law the Law Society during the course of the year. The • Brendan Ashdown practice. Committee also oversaw the preparation and submission • Nathan Ebbs of the Law Society’s third annual compliance report The Professional Standards Scheme Committee’s focus to the PSCs and the first year of implementation of • Greg Pynt is to: the Scheme’s new risk management and compliance • Craig Slater • consider issues relating to the Scheme, the framework. Professional Standards Councils (PSCs) and the • Verginia Serdev-Patterson The name of the Scheme was changed from the Professional Standards Act 1997 (WA); Limitation of Liability Scheme to the Professional • act under specific delegation of the Law Society’s Standards Scheme in October 2016 to create Council, where granted, to make decisions in consistency with the language of the Professional accordance with the Scheme and the Professional Standards legislation and to emphasise the Scheme’s Standards Act 1997 (WA); role in delivering ongoing improvements to professional standards and consumer protection. • develop policy to assist in administering the Scheme; The Committee is pleased to report that as at 30 June • make recommendations from time to time to Law 2017, the Scheme had 1,285 participating members; Society’s Council regarding the administration of the nearly 180 more than the number of participating Scheme; and members in the previous year. • review the Scheme from time to time.

Annual Report 2016/17 | Page 59 Committee Reports

Property Law Committee

Gary Thomas Convenor

Members of the Property Law Committee represent the The Committee continued to support the Law Society in its The Law Society acknowledges Law Society on a number of external stakeholder groups advocacy work with the State Government on the proposal and thanks: and committees, the Law Council of Australia Legal to mandate electronic lodgement commencing 1 August • Gary Thomas (Convenor) Practice Section Australian Property Law Group and the 2017 for the following documents: Law Council of Australia E-conveyancing Working Group. • Marcus Easthope • discharge of mortgage; Notably during this period there was a lot of activity for (Deputy Convenor) Law Society representatives on the Landgate Industry • mortgage transactions; • Mark Atkinson Reference Group and the PEXA Industry Reference Group. • caveats and withdrawal of caveat; and • Keith Bales The Committee had a considerable amount of work in • transfers. considering the large number of reforms that were drafted • Peter Beekink amending the Strata Titles Act 1985. At the time of this Other initiatives included reviewing the amendments to the • Christopher Booth report the draft Bills considered included: Sale of Land Act and the updating of the considering the amendments to the Joint Form of General Conditions for • Marie Botsis • Strata Titles Amendment Bill 2016 (Management of the Sale of Land 2011 which is being reviewed by the Law Schemes; • Susan Dukes Society’s General Conditions for Sale Committee. • Strata Titles Amendment Bill 2017 (information and • Craig James As in previous years, the Committee has continued to Seller Disclosures); and monitor issues arising in specific areas including the • Meagan Johnston • Strata Titles Amendments Bill 2017 (Disputes). Contaminated Sites Act 2003, retirement villages, the • Jarred Johnstone Land Titles Registration Manual and the Business Focus Additional submissions will be prepared in the next Amendments to the Transfer of Land Act 1893. reporting period when further draft Bills are scheduled for • Allan Newton release for consultation. A notable piece of draft legislation • John Prevost will be the new Community Titles Bill that the State Government has confirmed will be introduced later this • Doug Solomon year or in 2018. • Susan Thick (former Committee member) • Peta Whyte • Gabriel Wong • Joel Yeldon

Page 60 | The Law Society of Western Australia Quality Practice Standard Committee

Craig Slater Convenor

The Quality Practice Standard Committee observed The Committee agreed to a plan by the Law Society The Law Society acknowledges that many firms now claim 20 years of operations as to integrate internally those areas where practice and thanks: accredited firms and congratulates those firms on this management risk is a common theme. The Committee • Craig Slater (Convenor) significant milestone. looks forward to working with Law Mutual (WA) who will now coordinate both the Committee and the Professional • Kevin Chalklin The Committee contributed to the Law Society’s Standards Scheme Committee. (former Committee member) Education Committee for CPD seminars and assisted other CPD training events including a Legal Aid WA The Committee submitted recommendations to the Law • Dorothy Guerini seminar on Best Practice File Management. The Society on the proposals of Law Mutual (WA) to vary • Peter Liron Committee facilitated the publication of an article on the means and basis on which Law Mutual (WA) offers practice management. discounts for its premiums for compulsory professional • Andrew McGuiness indemnity insurance. The Committee will continue to The Committee worked with Law Mutual (WA) to review • Julie Ots monitor these changes to ensure that the Scheme attracts the Scheme and how it may integrate with Law Mutual an appropriate discount to reflect the commitment to risk • John Rogers (WA)’s goal of reducing risks for firms insured by Law management and the integrity that external independent Mutual (WA). The Committee continued to consider auditing delivers. • Christine Slattery other means for risk management to be addressed in the (former Committee member) Scheme and the means by which the Scheme could be At the end of the financial year the Law Society’s Council more attractive to potential participants. proposed a strategic review of the Quality Practice • Murray Thornhill Standard Scheme. The Committee responded to that The Committee noted the Commonwealth Government’s • David Vilensky review and assisted the review to document how the concerns to increase the scope of the operation of the Scheme operated and the ways that it could improve Anti-Money Laundering and Counter Terrorism Finance to better integrate with other Law Society committees Act and regulations to address perceived gaps in the and remain attractive to law firms participating and legislation with particular reference to lawyers. The considering participation. Committee contributed to Law Council of Australia’s work on the proposed legislation and how it could be incorporated with the numerous ways that the profession is already regulated.

Annual Report 2016/17 | Page 61 Committee Reports

Taxation Committee

Dr John Hockley Convenor

The Taxation Committee sits as a joint Committee of the Any member having problems communicating with the ATO The Law Society acknowledges Law Society of Western Australia and the Law Council of can contact the Committee and their problem can be raised and thanks: Australia. at the next meeting of the Tax Round Table, a practitioner’s • Dr John Hockley (Convenor) forum to assist practitioners’ access to the ATO. In 2016/17 the Committee welcomed new members to the • Humphry Faas Committee. Their willingness to join the Committee and Committee members have also contributed to the Law (Deputy Convenor) contribute at the meeting is commendable. The Committee is Society’s Education Committee for CPD seminars and actively seeking new members. presented at seminars on current tax issues. Members of • Jocelyne Boujos the Committee published articles of interest to the legal In 2016/17 the Committee made submissions to the Law • Joel Emery profession in the Law Society’s Brief journal and other Society’s Council on various State and Commonwealth journals. • John Fickling taxation issues. This work involved considerable effort by members resulting in an improvement in the taxation laws. The Committee would like to thank Humphry Faas for • Fiona Halsey keeping the Committee informed of recent developments in There have been several additional procedural requirements • Elizabeth Heenan taxation raised by the Law Council of Australia’s Taxation added to the Resident Capital Gains Withholding Tax that Committee. The Committee presents a monthly report at the • Thomas Henn came into effect from 1 July 2016. meetings of the developments in taxation across Australia. • Jonathon Leek Committee members were involved in serving on various The Committee had a very successful year. committees of the Law Society, the Law Council of Australia • Adam Levin and various advisory taxation committees involving the Australian Taxation Office and other representative • David Murphy organisations. Debts owed to the ATO by Western • Sarah Ozanne Australians are a matter of interest in the present state of the economy in Western Australia. A member with experience in • Sam Radici this developing area, Mr John Fickling has volunteered to join • Robert Sceales future discussions with the ATO and other state practitioners via the Legal Profession Roundtable telephone link-up. • Matthew Sunits • Clare Thompson • Zoran Vukojevic • Grahame Young

Page 62 | The Law Society of Western Australia Young Lawyers Committee

Sarah O’Brien-Smith Convenor

The Young Lawyers Committee assists the Law In recognition of the changing legal landscape, the The Law Society acknowledges and thanks: Society in coordinating a significant number of Committee increased its focus on giving young • Sarah O’Brien-Smith (Convenor) events and initiatives including: and emerging lawyers the opportunity to build their professional networks with young professional • Alex Biddulph (former Convenor) • social events to promote collegiality such as the bodies from other industries, including accounting, Welcome to the Profession breakfast, inter- • Nicola Ashford (Deputy Convenor) consulting and engineering. The Law Society hosted firm sporting events (volleyball and netball) and two Inter Profession Networking events, both of • Alyce Lynch (Deputy Convenor) Golden Gavel; which gave young professionals the opportunity to • Alex Noonan (Deputy Convenor) • the Practical Advocacy Weekend, which includes develop ‘soft’ skills and network with professionals a preparatory seminar as well as a weekend of from other industries. The first seminar was on • Alexandra Pieniazek (former Deputy Convenor) coaching sessions by judges and other senior business etiquette and corporate interpersonal • Kirsten Young (former Deputy Convenor) members of the profession; communication and the second seminar was the panel discussion ‘Jump on Board’, on how young • Anna Celliers (former Committee member) • raising awareness about social justice issues professionals can position themselves for board through panel events, including the Law Week roles in not-for-profit, governmental and corporate • Jack Carroll panel discussion (on the topic of access to organisations. justice for refugees and asylum seekers in • Alison Cooper 2016/2017) and the Social Justice Opportunities The Committee further considered the Law Council • Nic Coveney Evening; of Australia’s Australian Young Lawyers Committee 2013 Position Paper on Workplace Standards and • Catherine Graville • mental health and wellbeing initiatives including submitted the Committee’s proposed amendments a Geoffrey Robertson QC-style mental health • Michelle Leach to the Position Paper for the Law Society’s Council hypothetical panel discussion; to submit to the Law Council of Australia, with a • Shea Lukey (former Committee member) • small firm networking evenings; and view to obtaining endorsement of the Workplace • James Marzec Standards at a national level. The proposed • the Law Student Mentoring Programme. amendments are currently being considered for • Marc McCaughey The 2017 Law Student Mentoring Programme endorsement by the Law Council of Australia’s • Sarah Ozanne expanded to include law students from Curtin constituent bodies. University and the University of Western Australia, • Fiona Poh in addition to the University of Notre Dame Australia • Hague Skinner and Edith Cowan University, who were involved in previous years. This increased participation in • Brooke Sojan the Programme to 50 students, compared to 25 in • Curtis Ward (former Committee member) 2015/16.

Annual Report 2016/17 | Page 63

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