ANNUAL REPORT 2010/2011 www.lawsocietywa.asn.au THE LAW SOCIETY OF WESTERN AUSTRALIA ANNUAL REPORT 2010/11 The Law Society of Western Australia Level 4, 89 St Georges Terrace Perth WA 6000 PO Box Z5345 Perth WA 6831 Website: www.lawsocietywa.asn.au E-mail: [email protected] Phone: (08) 9322 7877 Fax: (08) 9322 7899 Page 1 CONTENTS Strategic Plan 2010-2013 Courts Education Purpose Criminal Law Vision Employee Relations Key Result Areas Environment, Town Planning & Local Our Strategy Government Key Product Areas and Services Equal Opportunity Ethics Snapshot of Achievements Francis Burt Law Education Programme - Advisory Council Francis Burt Law Education Programme - Oral History, Museum & Building 2010 Francis Burt Law Education Programme 2011 Education Sub-Committee Graduate & Academic Standard President’s Report Human Rights Insolvency & Reconstruction Executive Director’s Report Intellectual Property Joint Form of General Conditions for the Sale of Land Governance Joint Law Society/Women Lawyers Annual General Meeting Law Mutual Professional Indemnity Council Insurance Management Executive Law Summer School LawAsia Team Reports Personal Injuries and Workers Business Support Property Law Member Relations & Business Quality Practice Standard Development Taxation Community Service Young Lawyers Membership & Professional Development Policy & Professional Services Submissions Law Mutual Committee Reports Nominations to External Boards Aboriginal Lawyers Access to Justice Life Member List Accreditation Administrative Law, Constitutional Law and Migration Law Sponsors Alternative Dispute Resolution (ADR) Brief Financial Statements Clear Writing Commercial Law Costs Country Practitioners Page 2 THE LAW SOCIETY OF WESTERN AUSTRALIA ANNUAL REPORT 2010/11 STRATEGIC PLAN 2010 - 2013 Vision Purpose The Society will achieve its purpose and vision and deliver on the objectives of the To be the representative The voice of the legal profession in strategy by ensuring we understand and Western Australia. body for the legal respond to: profession in Western Vision # Maximise membership across the profession Australia. To be the representative body for the legal # Maintain a strong identity and profession in Western Australia. reputation Key Result Areas # Contribute to the enhancement of the professional knowledge and skills of Key Result Area 1: High value the legal profession membership # Represent the interests of the WA legal Key Result Area 2: Leaders in Continuing profession and maintain recognition Professional Development as a credible and independent Key Result Area 3: Voice of the legal commentator and source of information profession in Western Australia on legal and public policy issues Key Result Area 4: Promoting access to # Promote access to justice Justice # Enhance the image of the profession Key Result Area 5: Best practice # [ professional association service quality # Ensure organisational capability, and Our Strategy # Ensure appropriate administration, investment, management and The Strategic Plan will guide the activities governance of Law Mutual. of the Society over the next three years. This Plan has been developed to provide a framework to take the Society into the Key Product Areas and future. It sets an exciting direction for Services the future of the Society and all those Our key products and services will at all associated with it – members, staff times be aligned to, and complement our and the legal profession as a whole. Key Result Areas. Page 3 SNAPSHOT OF ACHIEVEMENTS The Law Society of 41 - Solicitors and Barristers with Family Western Australia has Law Accreditation as at 30 June 2011 successfully achieved 3,329 numerous targets Members of the throughout the 2010/2011 3,885 - Members of the public who Society [ visited the Old Court House Law Museum [ achievements. 45 - Firms accredited with the Quality 22,820 - Referrals of Law Society Practice Standard as at 30 June 2011 Members to the Public from the Referral Database 50 - Society CPD learning events held 300 - Committee meetings 111 - Firms responded to the Salary Survey 42 Committees of the Society 2,500 Registrants at Society CPD learning events 884 - Number of Law Access contacts/ referrals 40 - Graduates of the Legal Assistant’s Training Course 475 Members serving 4,886 - Students and teachers participated in the Francis Burt Law on Society Education Programme (FBLEP) committees 33 715 - Number of people who attended Schools Law Week events participating in the 2010 Mock Trials 52 - Submissions made Competition Page 4 THE LAW SOCIETY OF WESTERN AUSTRALIA ANNUAL REPORT 2010/11 COUNCIL 2010 The Council of the Law EXECUTIVE ORDINARY MEMBERS Society of Western Australia for 2010 2010) consisted of the Konrad De Kerloy following members: Pamela Hass Belinda Lonsdale Hylton Quail Greg McIntyre SC President Denis McLeod Steven Penglis Shane Sirrett Craig Slater February 2010) Simon Watters Senior Vice President COUNTRY MEMBER Carmel McKenzie !"#$%&'&'% Dr Eric Heenan Matthew Keogh Dr Christopher Kendall '*+ Vice President IMMEDIATE PAST PRESIDENT Dudley Stow Craig Slater Treasurer Page 5 COUNCIL 2011 The Council of the Law EXECUTIVE ORDINARY MEMBERS Society of Western Australia for 2011 Anthony Kay consisted of the following members: ;< 2011) Matthew Keogh Belinda Lonsdale Hylton Quail Pamela Hass President Greg McIntyre SC Denis McLeod Steven Penglis =>??J Dr Christopher Kendall Senior Vice President COUNTRY MEMBER Cameron Syme !"#$%&'&'% Dr Eric Heenan Lana Paxman Craig Slater Nicholas van Hattem Vice President IMMEDIATE PAST PRESIDENT Dudley Stow Konrad de Kerloy Treasurer Page 6 THE LAW SOCIETY OF WESTERN AUSTRALIA ANNUAL REPORT 2010/11 PRESIDENT’S REPORT $< [ [ # < [ \ members, have not only continued to support us but enabled us also to grow and achieve record membership again. A big focus this year has been the launch separation of powers and, on occasion, of the Report on Psychological Distress moderating criticism of courts which is often and Depression in the Legal Profession, based on a lack of understanding of our at the commencement of Law Week 2011 legal system, appeals processes and the authored by the Society’s Senior Vice nature of judicial decision making. I regard President, Dr Christopher Kendall. The the Society’s media activities and our focus Report resulted in 29 recommendations on public education and explanation of Hylton Quail that were adopted by Council in March, the law through the media as a vital part President to address this important issue facing our of what we do and what we will continue profession. " %'! #!* # the Society has grown substantially over One of the recommendations was the the last few years, particularly as we have establishment of Society’s new Mental taken a leading role in the public debate on Health and Wellbeing Committee, created a number of ‘law and order’ issues. to oversee the implementation of the 29 Report recommendations and promote We opposed the introduction of prohibited discussion and debate regarding matters behaviour orders and were successful in relating to mental health and wellbeing for limiting their operation in relation to children. the WA legal profession. The Committee We have continued to speak out against comprises of members from varying mandatory sentencing and successfully led backgrounds within the legal profession. the campaign against proposed stop and !" search laws. On a positive note, our long term advocacy on jury reform has resulted A key feature of the launch of the Report in amendments which will make juries more in Law Week was the re-establishment representative and strengthen the criminal of a new LawCare service, providing justice system for the future. # [ counselling services to support the mental health and wellbeing of Society members. Law Reform In addition, the Society, in partnership with the Western Australian Bar Association has The Society has been very active in law established a Members’ Advice Service reform; our committees having done to assist with LPCC complaints. As I another sterling job this year. The Society’s mentioned in my column in July Brief, the Committees made a combined total of 52 willingness of WABA members to provide submissions to various State and Federal pro bono services to practitioners is the government departments and the Law hallmark of a noble profession and in the Council of Australia on topics including the $" Civil Judgments Enforcements Act 2004; the Law Council of Australia’s Draft Position Paper on Constitutional Recognition of Voice of the Legal Profession Indigenous Australians; the Intelligence in Western Australia Services Legislation Amendment Bill 2011 (Cth); the Professional Standards Scheme The Society has an important public role Submission to the Commonwealth Attorney to play in defending the rule of law and Page 7 General; the Workers’ Compensation and concerns about the proposed reforms. the Law Council and other law societies, Injury Management Amendment Bill 2011 These concerns are shared by the Attorney will continue to lobby both State and (WA) – just to name a few. General and WA Bar Association. The Federal Governments for increased legal State Government has said it will not enact aid funding. I would like to thank all members who the National Bill and Rules but will work dedicate their time to sit on the Society’s Throughout this project, Society Immediate with the profession to implement national Committees. Your tireless work in providing Past President, Dudley