The Law Society of Tasmania - Annual Report 2022/2023

Your Society

The Law Society of Tasmania provides professional services, resources, support and benefits to its members and the legal profession in general.

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

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

2022/2023 Council Members

Julia Higgins * Vice President

Amanda Thompson* President

Alison Wells * Treasurer

2022/2023 Council Members

* Indicates membership of the Executive Committee

Imogen Cook

Amber Cohen

Helen Bassett

Samuel Claessens

Dinesh

Loganathan

Rohan Foon

Simon Gates

Amelia Higgs *

Will Justo

Robert Hegarty

*

Carey Higgins

*

Callum Purcell

Luke Taylor

Committees 2022-2023

The Law Society Council

2022 – 2023

President

A M J Thompson

Vice-President

J Higgins

Hon Treasurer

A Wells

Council

T McKenna (part year) (S), H Bassett (N-W), R Hegarty* (N), R Foon (N), W Justo (S), A Thompson* (S), J Higgins* (N), A Cohen (N), C Higgins* (S), I Arendt (part) (S), A Wells* (S), S Gates* (NW), A Higgs* (S), D Loganathan (S), C Purcell (N-W), S Claessens (part-year) (N), I Cook (part-year) (S), L Taylor (part-year) (S)

(*Executive Committee Member)

Executive Director

L O Rheinberger

Deputy Executive Director

F Beattie

Law Council of Australia Director

R Foon

Committees 2022-2023

Northern Regional Committee

P J Lebski [ Chair and Secretary]

Southern Regional Committee

A Thompson [Chair]

North-West Regional Committee

A Mihal [Chair and Secretary]

Criminal Law Committee

I Arendt [Chair], J Crotty, P Slipper, H Aston, C Graves, B Lewis, N Wong, R Mainwaring, C Scott, D Loganathan

Litigation Committee

L Taylor (Chair), P Dordhain, G McDonald, E Burrows-Cheng, M Wilkins, L Thompson, V Murray, A Buckley, A Williams

Property & Commercial Law Committee

A Bobbi [Chair], A Kostezky, S Pullinger, R Jorgensen, W Justo, A Logan, S Thomas-Wilson, Z Donnellan, S Perraton, H McCracken

Employment, Diversity & Inclusion Committee

A Higgs [Chair], H Farquhar, S Buscemi, A Ryan, S Clarke, A Wells, Y Cehtel, H Pill, C Green, E Creak

Continuing Professional Development Committee

T McKenna (Chair), C Higgins, R Hudson, H Bassett

Elder & Succession Law Committee

A Wiss [Chair], K Martin, K McLagan, V Murray, S Llewellyn, J French

Pro Bono Referral Service

T Dargaville [Chair], C Bookless, J Hutchison, A Ryan, C Higgins, P Slipper, K Starkey

Family Law Committee

M Ryan [Chair], K Mooney SC, D Harper, L Connelly, S Rofe, M Scolyer, K Wylie, T McKenna, Z Dwyer

Wellbeing Committee

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

Committees 2022-2023

Southern Early Career Lawyers Committee

S Ashby, L Ringwaldt [Co-Presidents], B Goh [Treasurer], R Holbrook [Secretary], G Morris [Communications and Social Media Officer], Z Dwyer [CPD Officer], A Clarkson [Social Co-ordinator]

Members: J Farmer, A Robinson-Herbert, C Denehy, S Harris, S Griffin, M Scolyer, E Law, E Burrows-Cheng

Northern Early Career Lawyers Committee

J Stewart [President], B Kurdistan [Vice-President], T Drew [Secretary], A Lonergan [Treasurer], A Pemberton [Social Function Coordinator], L Lim [Sponsorship and Marketing], S Cronin [CPD Co-ordinator]

North-West Early Career Lawyers Committee

A Scott [President], C Tregurtha [Vice-President], S Warren [Secretary], A Cawston [Treasurer], J Standaloft [CPD Co-ordinator]

The Society’s Nominees on Other Bodies

Board of Legal Education

J Higgins [part year], A Mills [part year], L O Rheinberger [Secretary]

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

F Beattie

Law Council of Australia – Equal Opportunity Committee

A Higgs [part year], C Green [part year]

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

A Bobbi

Law Council of Australia - Finance and Risk Committee

R Foon

Law Council of Australia – Rural, Regional & Remote Committee

C Garwood (Co-chair)

Law Council of Australia – Futures Committee

C Garwood

Law Council of Australia – National Criminal Law Committee

P Morgan, K Baumeler [Alternate], F McCracken

Law Council of Australia – National Elder and Succession Law Committee

K McLagan

Law Council of Australia – National Electronic Conveyancing System Committee

A Bobbi

Law Council of Australia – Professional Ethics Committee

P Jackson SC

Law Council of Australia – Young Lawyers Committee

C Purcell [part year], T Drew [part year]

Legal Aid Commission

M Verney

Council of Law Reporting

S Thompson

The Society’s Nominees on

Other Bodies

Law Foundation of Tasmania

A Thompson [Chair], N Readett, L Mackey, S Gates, J Higgins, L O Rheinberger [Secretary]

Centre for Legal Studies

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

Solicitors’ Trust

P Kuzis, D Wallace [part year], A Walker [part year]

Legal Profession Board of Tasmania

G Jones, A Mihal

Launceston Magistrates Court Users Group

J Oxley

Hobart Magistrates Court Users Group

C Graves

Associated Bodies

Family Law Practitioners’ Association of Tasmania

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

Tasmanian Women Lawyers

S Mead [President], L Sundram [Vice-President], L King-Roberts [Secretary], , V Dawkins [Treasurer], S Holloway [Membership Officer, Social Media, North and North-West Representative], A RobinsonHerbert [Australian Women Lawyers Director]

President’s Report

• The Society now does an exit survey for members leaving the profession.

• We are working with the Tasmanian Legal Practice Course to give graduates an experience of both the North West and North during their time at the Course.

• We are working with the University of Tasmania to establish an internship program in the regions to begin with and will be shortly calling upon firms to host interns.

• The Employment Diversity and Inclusion Committee have conducted a salary survey that will be used to better understand the issues of attraction and retention.

Practice and Wellbeing

• Closely linked to the issue of attraction and retention is the issue of the lack of criminal lawyers and lawyers generally. We are acutely aware that many practitioners (not just criminal practitioners) are feeling the pressure of their workloads.

The Society’s Annual Report provides an opportunity to report to the profession, and wider community on the Society’s important work, goals and financial circumstances. The Society has once again had a successful year and built on the significant work of previous years. Some of the highlights include:

Attraction & Retention

• A major focus for this year has been attraction and retention. We have built on the work of previous Presidents and Council members by continuing the work of the attraction and retention working group.

• The Society will soon be rolling out a series of CPDs for early career lawyers on the basics of practice and billing. This series will start in the South on 13 October and be delivered in the regions early in the new year.

• It is important that practitioners take holidays and have the opportunity to disconnect. This is becoming a harder reality for many and the wellbeing of our members is paramount. We hear you and the Wellbeing Committee are continuing to do their important work in this space to make sure that services are available to practitioners. Wellbeing Services and Resources

Criminal Practice, Court Backlog and Disclosure

• The Society is working with Tasmania Police and the Department of Justice to continue the important work on the roll out of an electronic disclosure process. There has been a trial of electronic disclosure in the South. While this is not a perfect system it is an important step to prepare for the commencement of the Magistrates Court (Criminal and General Division) Act

• The Court backlog has been a central focus of many news outlets for a period of years now and this year has been no exception. I

have regularly made comment to the media on the issue. While is it a complicated issue, many factors, including the lack of criminal lawyers contribute.

• The Law Society is well aware of the issues including the shortage of criminal lawyers. As an incentive the Society provides a rebate equal to 50% of the professional indemnity insurance premium to private practitioners (excluding barristers) who certify that they do 50% or more criminal work. In 2022/23 only 16 practitioners claimed the rebate. This equates to only approximately three per cent of practitioners in firms.

Federal Court

• The Society has met with the Chief Justice of the Federal Court and Justice McElwaine and has been working closely with the Tasmanian Bar to reignite the Federal Court Users Group.

• The low number of filings in the Federal Court registries is alarming. It is likely a case of ‘use it or lose it’. The Federal Court Users Group is an established group of practitioners and barristers that will be working with firms, with the assistance of the Court, on the utilisation of the Federal Court. This will include basic and advanced CPD and working with firms on practical ways to use the Federal Court.

Stakeholder Meetings

The Society has engaged in regular meetings with the Attorney General and Shadow Attorney General, the Secretary of the Department of Justice, the Judiciary, Tasmania Police including Police Prosecutions, the Tasmanian Prison Service, Tasmania Legal Aid, the University of Tasmania, the Law Council of Australia, individual practitioners and many more relevant stakeholders.

Finances

As you will see from the Treasurer’s Report the Society is financially robust as a result of decisions made by this Council and its predecessors. The Society was pleased to have negotiated a significantly reduced professional indemnity insurance premium which meant each practitioner paid approximately $750 less for insurance in 2023/24 than was paid in the previous year.

It has been a pleasure to be your President for the 2022/23 year and I thank you all for your assistance throughout the process. It also should be noted that the work of the Law Society staff, Luke, Francesca, Amal, both Shelley’s, John and Amanda does not go unnoticed. You are all incredible and I thank you all for the work that you do. Thank you also to this years’ Council and Executive for their service. A special mention to Julia Higgins for being an excellent Vice President, I am sure she will serve you all well, should she be elected as President.

AMANDA THOMPSON PRESIDENT

Treasurer’s Report

PII Mutual Fund Surplus and an increase in practising certificate fees of $107,804 during the 2023 financial year. 2023 also saw a significant increase in event income – from $25,811 for 2022, to $57,532 for 2023.

Some operating expenses have significantly increased:

• Continuing professional development increased by $56,592;

• Salaries and superannuation increased by $87,764; and

• Legal fees increased by $16,338.

Overall this was a great result for the Law Society.

The cash position for the Law Society of Tasmania is $5,167,354 which is high but takes into account our cash flow budget and current reserves for liabilities.

On behalf of the Law Society of Tasmania I present the Society’s annual financial statements for the financial year ending 30 June 2023. I acknowledge and thank the following people for their support and assistance:

• Mr Bruno Palermo, Collins SBA;

• Mr John Zuleta, the Law Society of Tasmania;

• Mr Luke Rheinberger, Executive Director of the Law Society of Tasmania; and

• Ms Francesca Beattie, Deputy Director of the Law Society of Tasmania

It is pleasing to report the Society enjoyed a Net Profit of $180,313 for 2023, as compared to 2022’s net loss of $61,022. This represents an increase of $241,335 on last year.

2023’s net profit increase is attributable to the significant increase in revenue. Revenue for the year was $2,536,659, being a 5% increase on 2022. The increase in revenue was primarily due to the

Alison Wells TREASURER

Annual Report of the Prescribed Authority

2022/2023

Presented to the Legal Profession Board of Tasmania

I am pleased to present this report to the Legal Profession Board of Tasmania (the Board) pursuant to Section 653(3) of the Legal Profession Act 2007 which requires the prescribed authority, to prepare and present to the Board a report on its operations for the previous financial year.

Overview

The Tasmanian legal profession operates under a co-regulatory model. The Board is charged with overseeing complaints and discipline and the prescribed authority has responsibility for the regulation of practising certificates and trust accounts. External intervention is a shared responsibility. The appointment of an investigator of a law practice or a supervisor of trust money is the responsibility of the prescribed authority, whereas the appointment of a manager or receiver for a law practice is the responsibility of the Board.

The Legal Profession (Prescribed Authorities) Regulations 2018 appoint the Law Society as the prescribed authority for the purposes of some 129 parts of the Act. They include the:

a. regulation of practising certificates, including grant and renewal, the imposition of reasonable and relevant conditions, the amendment, suspension and cancellation of practising certificates;

b. maintaining a record of incorporated legal practices;

c. regulation of trust accounts;

d. appointment of investigators to law practices; and

e. appointment of supervisors of trust money to law practices.

The Board is the prescribed authority for five parts of the Act. For purposes of this report the term ‘prescribed authority’ refers to the Law Society.

Funding of the Prescribed Authority

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

Practising Certificate Regulation

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

The following classes and numbers of practising certificates were issued under the Act in the period 1 July 2022 to 30 June 2023:

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

Practising Certificate Conditions

All practising certificates are subject to conditions requiring compliance with continuing professional development obligations and requiring notice to the Law Society of a change of practice or residential address.

Conditions specific to each class of certificate in 2022-2023 were as follows:

All Practising Certificates

To complete the Law Society of Tasmania Sexual Harassment Changing Workplace Culture workshop if the practitioner has not already done so.

Employed Practitioner

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

Barrister

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

Corporate

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

Government

The holder of the certificate must not engage in legal practice otherwise than as a government lawyer engaged in government work.

Community Legal Centre

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

Locum

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

Volunteer

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

i. is to act only for clients of a complying community legal centre;

ii. must have professional indemnity insurance pursuant to a policy approved by the Law Society;

iii. is not to receive or hold any money for any client; and

iv. is not to recover costs for the community legal centre from any client or from any adverse party other than disbursements, professional fees or charges necessary for the successful carriage of the work of the client. Any disbursements, professional fees or charges so received shall immediately be paid to the credit of the community legal centre.

Additional Conditions

The Law Society has the power to impose additional practising certificate conditions which are reasonable or relevant – section 56(2) of the Legal Profession Act 2007. Typical additional conditions include:

a. Practitioners who transition to operating as a sole practitioner for the first time are subject to conditions appointing a mentor and additional conditions requiring regular meetings with that mentor as well as reporting to the Society. If operating a trust account, those practitioners are subject to a condition that a report from the Society’s trust accounting examiner be provided within certain time frames;

b. New principal practising certificate holders wishing to be a trust account signatory must complete the Legal Bookkeepers Institute online trust accounting course;

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

d. Conditions requiring the obtaining of CPD points in excess of those required by Practice Guideline No. 4.

Regulation of Trust Accounts

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

The major obligation of the Law Society is to ensure that trust money is held by law practices in a way that protects the interests of persons for or on whose behalf that money is held. Every law practice that holds money in its general trust account must undergo an annual trust account examination by an authorised examiner. For some years all trust account annual examinations have been carried by the one examiner authorised by the Law Society. Use of the one trust account examiner ensures a consistency in approach to examinations and that the examiner has the relevant expertise and knowledge of legislative requirements. This has led to a marked improvement in compliance levels. Each examiner’s report is provided to the Law Society.

Reports identify any breaches of the relevant Act or Regulations, any unsatisfactory practices and make general recommendations regarding the operation of the trust account, including appropriate best practice risk mitigation strategies.

The Law Society expends not inconsiderable resources in undertaking its statutory duties as the regulator of trust accounts. A trust account administrator is employed under the supervision of the Executive Director. The administrator’s role is to manage the administration of trust accounting reporting requirements including checking and recording quarterly returns with regards to the designated deposit account, the review and analysis of all external examination reports and reviewing other documents lodged with the Law Society such as the notification of irregularities, and the opening or closing of trust accounts.

The Law Society provides firms with online resources including an administration calendar and relevant forms. In addition, the Law Society’s authorised trust account examiner is retained to provide advice as and when needed to law practices or prospective law practices. Such advice may include advice of a technical nature or providing information as to the appropriate practice management/trust accounting system for a particular firm.

Trust account examinations relate to a calendar year. The following information therefore relates to the 2019 to 2022 calendar years;

Incorporated Legal Practices

An incorporated legal practice is a corporation that engages in legal practice in Tasmania.

An ILP is required to have at least one legal practitioner director. Before a corporation engages in legal practice in Tasmania it must give to the Law Society written notice, in approved form of its intention to do so.

There are 64 Tasmanian law practices operating as ILP’s.

The Board is the prescribed authority for purposes of section 130 of the LPA – audit of incorporated legal practices, section 132 – banning of incorporated legal practices and section 133 – disqualification from managing an incorporated legal practice.

Suspension or Cancellation of a Practising Certificate

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

Appointment of a Manager

On 7 November 2022 the Society, acting pursuant to a delegation from the Legal Profession Board, appointed Mr Zac Nicholson as manager of the firm, Michael Briant Barrister & Solicitor, following the death of Mr Briant.

The appointment was subsequently extended to 6 November 2023.

Growth of the Legal Profession

The profession continues to grow. In the relevant period the Society issued approximately 6% more practising certificates than it did in the previous 12 months. The Society’s major source of income is practising certificate fees. Those fees are governed by the Legal Profession Regulations and are a number of fee units. Unfortunately, increases in the value of a fee unit have failed to keep pace with increases in operational costs which place an increasingly heavy burden on the Society in fulfilling its regulatory obligations.

Dealings with the Board

The Law Society dealt closely with the Board in the relevant period. Many issues experienced by law practices and by individual practitioners traverse the regulatory responsibilities of both organisations.

In carrying out its functions as the prescribed authority in 2022-23 the Law Society sought to:

• maintain public confidence in the legal profession;

• safeguard monies entrusted to law practices;

• ensure that those seeking to enter the profession or renew their practising certificate complied with the relevant character and fitness requirements of the Act;

• ensure that appropriate conditions were placed on practising certificates; and

• maintain relevant records relating to ILP’s.

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

Amanda Thompson PRESIDENT

c.c. Attorney-General for Tasmania

Continuing Professional Development Committee

In the 2022-2023 financial year, the Society’s CPD program delivered approximately 97 hours (up from 77 hours in the 2021-2022 period) to 1,575 attendees - a 26% increase on the number of attendees in the 2019-2020 period. The sale of the Society’s CPD recordings was the highest to date at 303 with a 20% increase on all previous sales.

The Society also delivered 15 Sexual Harassment and Workplace Culture Workshops to over 550 practitioners. As such, to date, the Society has delivered this workshop to over 1,000 legal practitioners in Tasmania.

The mandatory CPD program run by the Society is coordinated on a day to day basis by Francesca Beattie, Deputy Executive Director and Amal Cutler, Professional Development Officer. The program is supported by other specialist committees which includes the CPD committee. This committee in the 2022-2023 financial year comprised of four members - Carey Higgins, Robert Hudson, Helen Bassett and myself, with the assistance of two ex-officio members, Francesca Beattie and Amal Cutler.

The CPD committee was originally formed prior to minimum CPD requirements coming into force. The committee spearheaded the drafting of practice guideline no.4. With that in place it has assisted in developing procedures and policies with respect to the guidelines’ use in practice. For example, interpreting how various parts of the guideline operate, applications for exemption and the like. As such meetings have generally involved consideration of the Society’s CPD policies and practice guideline; member participation and compliance in the mandatory CPD scheme; and review of the content, accessibility and uptake of the Society’s CPD offerings.

The CPD Assist Scheme, which is a component of the CPD program, is offered to current community and volunteer practising certificate holders, and pupil barristers in their first year of pupillage. The Scheme provides a discount when accessing CPD activities and includes free standalone Society CPD activities of one hour or less to a cap of 5 hours and substantially reduced registration fees for longer seminars, webinars, workshops, and conferences. Eight of the twelve centres accessed the scheme during this reporting period, receiving a total of 61 free CPD hours (including both events and recordings). Additionally, more than 30 per cent of eligible PC holders received significantly discounted registration fees to attend Society conferences.

It is now a decade since the CPD practice guideline 4 has been in use, and in that time the resources the Society directs to CPD has increased significantly. Similarly, the amount of experience and expertise gained internally in administering CPD has also increased. Society administration sets the overall program and is guided by specialist committees rather than the CPD committee when it comes to the content of the Society’s CPD program. Correspondingly, the work of the CPD committee has decreased substantially. As such, Council agreed in June 2023 that the CPD committee commence a period of recess. This can be reviewed in 12 months.

I take this opportunity to thank the CPD team and each Committee member for their enthuasism and commitment to the work of the Committee and the Society’s CPD program.

Trevor McKenna CHAIR

Criminal Law Committee

For the 2022/2023 reporting period the Criminal Law Committee had eleven members made up of representatives of the private bar, legal aid and the private profession. The chair of the Committee during the reportable period was Ian Arendt and Dinesh Loganathan.

It remained a particularly busy period in respect of proposed changes within the criminal justice area with the Committee considering a number of proposed Bills relating to family violence, reporting of child abuse and changes to the jurisdiction of and the procedures within the Magistrates Court. In addition, the Committee considered proposed changes to a number of pieces of legislations and provided input into Bills that were of great significance to sentencing and evidence.

The committee also dealt with issues that directly concerned criminal practitioners including the concentrated trial period, the Tasmania Legal Aid, access to prisoners and the proposed changes in the Magistrates Court. The committee was actively involved in liaising with Tasmania Police about the inefficient disclosure process and the issues

in matters not being able to progress. As of 1 July 2023, Southern Prosecution Services have changed their disclosure process and have also waived the disclosure fee.

The major CPD event the 2023 Criminal Law Conference was held on 24 February 2023. It was a successful event with the feedback from the attendees overwhelmingly positive. It was an excellent program with a number of informative presentations and speakers whom the Committee thanks. The success of the CPD event would not have been possible without the considerable effort of Amal Cutler and others from the Law Society. I thank them for their efforts.

The committee recognises the need for more criminal practitioners in Tasmania. Going forward, the committee will be working with the Law Society, Tasmanian Bar and the Judiciary to rectify this issue.

I thank those members of the Committee who volunteer their time and expertise to the Committee.

Dinesh Loganathan CHAIR

Employment, Diversity and Inclusion Committee

McCulloch (Associate Director, Edge Legal) held a CPD which covered this topic and the various protections for workers from sexual harassment and other forms of sex discrimination, harassment and unfair treatment in the workplace.

In late February 2023, the Legal Profession Board of Tasmania published its new reporting tool ‘Speak Safely’ which facilities the confidential and anonymous reporting of sexual harassment that is experienced or witnessed in the legal profession. The Committee commends the Legal Profession Board on the implementation of this new reporting tool and is currently supporting the LST by preparing a list of additional support options for members of the legal profession.

It has been another busy year for the Employment, Diversity and Inclusion Committee, whose focus has remained on employment law and industrial relations, and the championing of diversity and inclusion in the legal profession.

Firstly, I would like to thank my predecessor, Amelia Higgs, whose dedication to the role of Chair has been critical to the Committee’s success. We are lucky to have Amelia remain on the Committee as a member, along with Craig Green, Alison Wells, Henry Pill, Emily Creak, Stephanie Manning, Sebastian Buscemi, Adrienne Morton and Lily Pasanen. We have a well-rounded and diverse Committee and I would like to thank all members for their time and commitment.

Workplace culture and sexual harassment has remained a key priority of the Committee over the past year with the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) coming into effect. This amending legislation further implemented recommendations from the Australian Human Rights Commission’s Respect@Work Report (2020). In June 2023, Committee member Craig Green and Anne

As anticipated, the Committee conducted its salary and income survey of the legal profession in late 2022. The survey gathered a range important data, including income, type of employment, gender, areas of practice, hours of work and perceptions of income from the Tasmanian legal profession. The Committee and the LST is continuing to progress analysis of the survey results to ensure it can be presented and actioned on in a meaningful way. The Committee would like to thank members of the legal profession who participated in this survey.

The Employment Law Conference on 15 of September 2023, was well supported by the legal profession again this year. The Committee put a lot of time into preparing a program that covered a diverse range of topics for legal professionals, HR practitioners and union representatives. As always, these events could not be done without the support and dedication of Amal Cutler. The Committee also welcomes the opportunity for Hobart to host the Australian Labour and Employment Relations Association’s National Conference on 27 October and 28 October 2023 at the Hotel Grand Chancellor, so employment law has featured prominently in the latter part of the year.

By way of law reform, the Committee has

supported the LST during consultation in relation to the draft Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Cth) and the Fair Work Act 2009 (Cth) small claims procedure. The Committee is also currently considering feedback on the draft Disability Inclusion Bill 2023 (Tas).

Matters of future focus for the Committee include diversity and inclusion and the recognition of such initiatives in the legal profession. The Committee also hopes to consider matters impacting retention in the legal profession and other key employment issues such as bullying and flexible working arrangements.

Finally, the Committee would like the thank the LST for their ongoing support, including Jandy Godfrey, Shelley Harwood, Shelley Riseley, Francesca Beattie, Amal Cutler and Luke Rheinberger.

Harriet Farquhar CHAIR

Property and Commercial Law Committee

conveyancing and the Committee is looking forward to working closely with the Land Titles Office and PEXA to ensure a smooth implementation for members.

The Committee is also in the preliminary stages of pushing for wide ranging changes to archaic property development laws which hinder economic growth. We hope to progress this issue over the coming year.

I would like to thank the staff of the Law Society and, in particular, Francesca Beattie. They have always provided excellent support for the Committee and kept it moving forward.

Alexander Bobbi CHAIR

This year the Committee has continued to have a busy agenda including the development and launch of standard form requisitions and the 2023 version of the standard form contract for the sale of real estate in Tasmania. Committee representatives undertook a statewide roadshow to educate lawyers and agents about the amendments. The contract has been well received by industry and has enjoyed a high take-up rate. We are now looking to introduce some further changes around electronic execution and other minor tweaks.

In addition to various law reform consultative work and the continuing delivery of quality professional development opportunities for the legal profession, there has been ongoing dialogue with the State Revenue Office and the Land Titles Office about increasing and improving their published guidance for the profession. Both offices have significantly improved their guidance in recent years with the Committee’s assistance.

The impending introduction of e-settlements has continued, with the Committee welcoming the Recorder of Titles Robert Manning as a returning member. The introduction of e-settlements over the next few years will see a dramatic change in

Wellbeing Committee

It is with pleasure that I provide the annual report of the Wellbeing Committee.

Over the past year the Committee has been implementing a variety of wellbeing initiatives in line with its Strategic plan.

A fresh expression of interest and appointment process for the Senior Practitioner’s List has been completed with a significant increase in the number of senior practitioners generously making themselves available to provide confidential assistance and advice to members of the profession who seek guidance on challenging issues arising in practice. The recruitment process has resulted in a diverse membership of senior practitioners from across all regions of Tasmania and includes many welcome new faces.

Many of the members of the Senior Practitioners List have also agreed to make themselves available to provide confidential advice to practitioners who are experiencing wellbeing challenges. Arrangements are currently underway for Senior

Practitioners who are on the List who have agreed to provide wellbeing assistance to undergo formal mental health first aid training, which is likely to be undertaken in coming months. I encourage all members to consider making contact with a member of the Senior Practitioners List if they are facing any difficulties or challenges in their legal practice or their wellbeing more generally.

The past Committee Year has also seen the successful launch of a dedicated Wellbeing page on the Law Society Website. The Wellbeing page includes links to a variety of resources designed to assist members in relation to the management of their wellbeing. I encourage all members to have a look at this site and peruse the resources available if you haven’t already done so.

The Wellbeing Committee has also begun recording and publishing a series of podcasts in which we explore important wellbeing issues and initiatives relevant to the Legal Sector with specialists and experts in their fields. For example, you can access our podcast on Vicarious Liability and Legal Practice on the Wellbeing page of the Society’s website. In this podcast three members of the Committee interview one of the authors of a book about vicarious trauma in the legal profession in the UK. We will also shortly be publishing a podcast recorded with Dr Polly McGee about trauma informed leadership and the Legal Profession. Please keep your eyes out for this in the coming weeks.

In the last year the Wellbeing Committee has continued its consultation with the profession through exit surveys and consultation with early career lawyers to gain a better understanding of the wellbeing issues facing our members and members of the Legal Community more generally.

The Committee is also working on a number of other longer-term initiatives which hope will make a significant positive impact on wellbeing support

of members in the future. I look forward to providing further details about these initiative when they are nearer to fruition.

Finally, I would like to thank continuing members of the Committee Catherine Scott, Emma White, Rebecca Irwin, Craig Mackie, Sally Rofe and Jade Standaloft for their ongoing dedication and commitment to our important work. I would also like to thank new committee members Alex Eaton, Sarah Campbell and Anastasia Lyudenko and thank you for their work so far on the Committee. I would like to thank outgoing members Harriett Farquhar, Suzanne Harris and Merrilyn Williams for all of their work on the Committee.

Finally, I would like to thank Shelley Harwood, Jandy Godfrey and Luke Rheinberger for their ongoing support of the work of the Committee.

Simon Gates CHAIR

Elder and Succession Law Committee

Law Reform

The Committee has made submissions to (and continues to liaise with) government and other stakeholders on the following law reform matters:

• the Guardianship and Administration Amendment Bill 2023 (Tasmania) – the Committee made submissions to government about this Bill which resulted in changes to the Bill. A member of the Committee also appeared before the Legislative Council to voice concerned about future tranches of amendments to the Guardianship and Administration Act and how this may impact the profession

• alternate options for duty exemption applications for transfer of motor vehicles – the Committee provided a submission to the Department of Justice about this issue

The Elder and Succession Law Committee of the Law Society for the reporting period comprised the following members:

• Kimberley Martin (Chair)

• Alison Wiss (Immediate Past Chair)

• Victor-David Murray

• Kristen McLagan

• Megan Penno

• Shelby Llewellyn

• Jacinta French

The Committee has had a very productive and busy year meeting with government departments and stakeholders, writing submissions on legislation and other matters as set out below.

Thank You to Past Chair

The Committee thanks the immediate past chair, Alison Wiss. Alison was Chair of the Committee for many years. Her work as Chair, and her ongoing work for the Committee as a member, is invaluable and has been a key component of the success and progress of the Committee.

• difficulties experienced by executors in transferring water licences – the Committee has developed a proposal for improving this process (including amendments to be made to relevant Statutory Declarations) and will be writing to Department of Natural Resources and Environment Tasmania (NRE) and/or the Department of Justice

• National Register of Enduring Powers of Attorney - the Committee continues to liaise with the national Elder Law and Succession Committee about this proposal

• a nationally consistent scheme for access to digital records upon death or loss of decisionmaking capacity – the Committee (with STEP Australia) made a significant submission to the NSW Department of Communities and Justice in response to its ‘Access to Digital Records –Consultation Paper’

• in-person witnessing documents and restrictions on the use of electronic signatures for Wills, Powers of Attorney

(including Enduring Powers of Attorney), Instruments Appointing Enduring Guardians, Deeds and other estate, trust and company documents - the Committee continues to liaise with the Department of Justice about reform in this area as a result of changes to similar legislation in other Australian jurisdictions

Issues in Practice

The Committee has made submissions to (and continues to liaise with) government and other stakeholders on the following practice issues:

• the Guardianship and Administration Amendment (Advance Care Directives) Act 2021 (Tasmania) and the position taken by TASCAT about Instruments Appointing Enduring Guardian documents signed but not finalised prior to 21 November 2022 (the date the Act came into effect) – the Committee has taken action including writing to TASCAT and the Department of Justice. A member of the Committee also appeared before the Legislative Council to voice concerns about how the position taken by TASCAT impacted the profession

• errors on death certificates and the role of funeral directors – the Committee has written to and liaised with the Department of Premier and Cabinet (DPAC) about the Senior Next of Kin Information / Guide Sheet. The Committee provided feedback about important changes that need to be made to the document

• issues with the banking industry – the Committee has taken action in relation to current practice of banks in relation to powers of attorney, including writing submissions to STEP Australia and liaising with certain banks about the introduction of a standard policy

• issues with the Australian Tax Office (ATO) – the Committee has taken action in relation to current difficulties experienced by practitioners when dealing with the ATO in relation to deceased estates

• Independent Review of the Public Trustee – the Committee continued to liaise with the Public Trustee and the Department of Justice.

Professional Development

The Annual Elder and Succession Law Conference organised by the Committee and the Law Society was held on 11 August 2023 at the Wrest Point Casino. Local and interstate speakers spoke on various topics including contested probate, lawyers as executors, the future of AI and ChatGPT and the intersection of family law and succession law. The committee is most grateful to Amal Cutler of the Law Society for her assistance.

Work with Related Organisations

Members of the Committee have also been involved in the following matters:

• Members of the Committee (including Kimberley Martin, Alison Wiss, Jacinta French and Megan Penno) participated in a research project by the University of Technology Sydney, Faculty of Law on ‘Dementia capability for the legal profession’

• Kristen McLagan is the Society’s representative on the National Elder & Succession Law Committee

Acknowledgements

The Committee is grateful to the staff of the Law Society, particularly Francesca Saturno, Shelley Riseley, Jandy Godfrey, and Amal Cutler for their assistance in preparation of agendas, minutes and correspondence and for their assistance with organisation of CPD Seminars.

Kimberley Martin CHAIR

Litigation Committee

Current projects for the committee include the longstanding mission to develop guidelines between the legal and medical professions where they intersect on matters such as personal injuries claims, and also the development of a Standard Costs Agreement for use by the profession. Recently, the committee has commenced a project to review case management of civil cases in the Supreme Court.

The Litigation Committee currently consists of Luke Taylor (Chair), Andrew Buckley, Aysha Williams, Victor-David Murray, Pierre Dordhain, Gabrielle McDonald, and as of May 2023, new members David Palmer, Scott Royston, Alex Kendall and Kym Child. I wish to sincerely thank Mat Wilkins and Edward Burrows-Cheng for their time on the committee and their contribution to the committee and functions.

The purpose of the committee is to provide specialist advice to the Society on civil litigation issues in Tasmania, and the committee is required to respond to issues and queries which arise, which can often be quite complex, and accompanied by little notice and short reporting times. This is particularly so with respect to queries from government, and it is a credit to all members of the committee bearing in mind their volunteer status that such queries are dealt with professionally and expeditiously.

Examples of requests for comment from government in 2023 have concerned:

• the Residential Building (Home Warranty Amendments) Bill; and

• the repeal of the Appeal Costs Fund Regulations 2013

The committee is looking forward with great excitement to the Litigation Convention to be held at the Eastcoaster Resort from 10 to 12 November 2023. Amal Cutler from the Society has yet again done an amazing job in curating a high quality line-up of speakers and topics, and the early numbers for registrations have been extremely encouraging. I urge any practitioner considering their attendance at the Convention to book now to avoid disappointment. It will be a high calibre event and a highlight for the Society’s CPD offering in 2023.

Luke Taylor CHAIR

Family Law Commitee

Reports of the Joint Select Committee on Australia’s Family Law System. The Bill deals with a number of subjects, but overall aims to simplify areas in the Act which are highly complicated and difficult for the laypersons to comprehend.

Generally, the Bill has been very well received by the profession. Our committee considered the reforms proposed in the Bill and provided views and information to the President, which in turn informed the Law Society of Tasmania’s submission to the Law Council of Australia on these points.

The committee is comprised of:

• Mary Anne Ryan (Chair)

• Sally Rofe

• David Harper

• Caroline Graves

• Linda Connolly

• Julie Fawkner

• Simone Watson

• Claire White

• Trevor McKenna (ex officio)

• Charlotte Griffith

• Meghan Scolyer

• Zoey Dwyer

We are fortunate to have a committee formed of practitioners with mixed seniority and experience in family law, affording us a variety of views and insights.

Massive change continues, with the federal government following through with its election promise to legislate reforms to the family law system. The Family Law Amendment Bill 2023 was introduced this year; it seeks to progress legislative reforms addressing recommendations arising from the Australian Law Reform Commission’s (ALRC) 2019 Report, Family Law for the Future: An Inquiry into the Family Law System, and the 2020 and 2021

A second tranche of reforms to the Act is contained in the Exposure Draft: Family Law Amendment Bill (No. 2) 2023, it is as I write the subject of our committee’s consideration. The Bill seeks to address the consequences of family violence and makes provision for those impacts to be expressly taken into account in matrimonial and de facto property disputes.

Family Law Amendment (Information Sharing) Bill 2023 introduces further reforms to improve the efficiency and effectiveness of information sharing between the family law, family violence and child protection systems. These reforms will improve practitioners ability to assist their clients on a very practical level and respond to the real risks countless clients face as a consequence of family violence.

The committee continues to work in partnership with the Family Law Practitioners Association (FLPA) to advocate for our members on matters touching on family law and child protection. The feedback to the President in respect of the reforms above has been considered in partnership with FLPA.

It would be fair to observe that family law practitioners are experiencing some fatigue in response to changes in their jurisdiction. However, we all recognise the positive impacts that are likely to flow from implementing so many of the recommendations made by the Law Reform Commission, particularly in response to the impacts of family violence.

Our committee continues to consult with Tasmania Legal Aid to improve delivery of services to our clients and matters peripheral to that. The Federal Circuit and Family Court of Australia conducts case management meetings roughly quarterly, our committee is represented at those meeting.

The Committee has been very active in the delivery of CPD events. We have particularly focussed on educating early career lawyers in respect of practical elements of the practice of family law.

Matthew Verney, Michael Trezise and I have delivered two half day seminars in the northwest and the south of the state. The events covered a variety of subjects nominated by participants and culminated in the demonstration of an interim hearing and discussion of likely orders emanating from the evidence and submissions.

A similar seminar will be held in Launceston in October. A half-day cross-examination seminar is planned for early career lawyers for February 2024.

Taking this opportunity, I thank our judicial officers for the support and guidance they have offered practitioners in the family law jurisdiction this year. We are very fortunate in Tasmania to have benefitted from their commitment to the practice of law and the safe and efficient resolution of the matters appearing before them.

Lastly, I thank my colleagues on the committee, you have all worked very hard - not just to work through the consultation papers and exposure drafts sent to us - but also by responding to ad hoc issues which arise and the planning and participating in CPD activities.

Mary Anne Ryan CHAIR

Southern Early Career Lawyers Committee

We returned to the Duke hotel for our Quiz night for 2023 with the ever charismatic Georgia Morris and Meghan Scolyer hosting the event. Members of our committees worked collaboratively to prepare quiz rounds and organise prizes. This year, the Director of Public Prosecutions table took first place, closely followed by Butler McIntyre & Butler, with Murdoch Clarke in third place.

The formerly known Southern Young Lawyers Committee are back for 2023 with a rebrand to the “Southern Early Career Lawyers” (“SECL”), aligning with the rest of the state with a re-structure to ensure that inclusivity is key to the ongoing legacy of the SECL committee.

With our fellow northern and northwest committees, we have established a new brand and name change, to encourage all early career lawyers to join the committee no matter whether they join the profession later or early in life.

Our focus for 2023 has been to promote engagement with our early career lawyers by increasing awareness of the committee via socials and correspondence to our early career lawyers inviting them to participate in events, attend meetings or simply get in touch.

For 2023, we have brought back our beloved events, including the Easter Long-Lunch, Quiz Night and the Golden Gavel and we continue to explore new ways to enjoy the company of our fellow profession members.

Our Easter Long-Lunch was well attended this year, many attending from the Tasmania Legal Practice Course and many early career lawyers. We hosted the event at Bar Wa and bonded with our peers over some delicious food.

Our Golden Gavel returned for 2023 at the Grand Poohbah on 8 September 2023. We are extremely grateful for our judges this year: Trevor McKenna, Magistrate Hartnett and Magistrate Duvnjak. The judging team bring an unmatched energy to the Gavel Courtroom and are a full court to behold- no dissents in this Court. Our competitors this year ranged from all areas of practice and gave a robust night of laughs and entertainment before McKenna J jumped on the tracks and provided the musical entertainment for the night. We want to thank our competitors for their courage and especially congratulate Sarah Dowd on taking first place.

SECL are also exploring other ways to provide opportunities to network with our profession, including organizing a bowls and barbecue event. Make sure to keep your eyes peeled for the updates.

Our Continuing Professional Development program (“CPD program”) continues and our dedicated and innovative committee members frequently bring fresh ideas to the meetings for CPD sessions. We are always trying to stay in touch with the relevant subjects and topics that early career lawyers need to ensure they are feeling informed and supported. We aim to provide CPD sessions to all areas of the profession, from family law, general litigation, to commercial and property and everything in between. We also research new ideas that fall within the scope of the “equality and wellbeing” points.

Our meetings occur on the first Wednesday of each month and are well attended. Local early career lawyers gather at the Law Society to exchange ideas and provide one another support. This year, we are especially focused on ensuring our early career lawyers feel safe and supported and are confident that the

committee is a safe space for them to discuss their experiences in being newly admitted to practice and navigating the stressors and anxieties that come with it.

Retention of our early career lawyers is of the upmost importance to ensure we have a robust profession full of enthusiastic legal practitioners well into the future.

And thus, mentorship, support and engagement are at the heart of our committee, and we will always look for new ways to provide those values to our early career lawyers.

Zoey Dwyer and Megan Scolyer CO-PRESIDENTS

Northern Early Career Lawyers Committee

We extend our sincere thanks to Magistrate Simon Brown, who will present at one of our CPD events on tendency and coincidence. Further CPD events are in the pipeline for the remainder of this Committee year. The Committee has worked closely with the Society on the implementation of the Committee’s new Constitution, re-branding and marketing initiatives. We thank Amal Cutler of the Society for her ongoing support to the Committee.

The Committee has had the opportunity to consult with the Wellbeing Committee, and we look forward to working with that Committee and the Society on an event focused on early career lawyer wellbeing in the near future.

The 2022/2023 Committee has commenced its year strong, with meetings well attended by Committee members. The focus for this year’s Committee has been around social and CPD events. This year’s Committee extends its thanks to the preceding Committee, led by Jessica Stewart. We thank Jessica for her leadership and commitment over last year’s extended committee year.

This Committee year commenced with an informal networking event held to welcome the Tasmanian Legal Practice students completing their placements in the North. For the third year running, our successful mid-year long lunch was well attended, allowing members to socialise and expand their networks. We extend our thanks to James Oxley for attending and imparting his experiences and challenges throughout his career progression.

The Committee has planned to welcome new graduate practitioners to the North at out annual Meet and Greet event held at Staffordshire House. We have also planned our much-loved annual trivia event at the East Launceston Bowls Club, where our regular quizmasters Patrick O’Halloran and Hannah Phillips will no doubt keep attendees enthralled. Our end-ofyear long lunch event is a further opportunity for our members to network.

I extend my thanks to this year’s Committee for its dedication and collegiality. Particular thanks are extended to our social coordinators, Molly Peters and Louis Benjamin; and to our CPD coordinators, Amit Sharma and Courtney Bailey, for their meticulous planning to ensure our events proceed with success. I also thank senior members of the Northern legal profession who support the Committee by attending our events.

We extend an invitation to those who may wish to join the Committee – please join us at any of our meetings.

Timothy Drew PRESIDENT

North-West Early Career Lawyers Committee

Since last years annual report, the Committee in late November 2022 hosted a CPD entitled, ‘A Focus on Family Law,’ at Ulverstone. It was pleasing to see good engagement with this half-day CPD from practitioners travelling to attend from across the State. The Committee would again like to thank Mary Anne Ryan, Matthew Verney, and Emily Turner who each played a significant role in presenting a very practical and thorough presentation on family law related issues- including a mock Interim Hearing. We would also like to thank the members of the Committee involved who worked tirelessly to arrange and present a slick CPD event.

2023 has been a great year for the North-West Early Career Lawyers (NWECL) Committee with a number of practitioners moving to the North-West and a vibrant social calendar.

We commenced this year by appointing as our executive:-

• Amber Scott (Rae and Partners Lawyers)- CoPresident;

• Callum Tregurtha (North West Community Legal Centre) Co-President;

• Sophie Warren (Tasmania Legal Aid)- Secretary;

• Mitchell Sheehy (Western Prosecution Service)Treasurer;

• Aaron Murphy (McLean, McKenzie and Topfer)Co-CPD Coordinator;

• Kelsey Lewis (Tasmania Legal Aid)- Co-CPD Coordinator; and

• Nathaniel Lau (Tasmanian Aboriginal Legal Service)- Communications

The Committee would like to extend our gratitude to Jade Standaloft who has unfortunately finished as CPD Coordinator and relocated to Hobart. We will miss her presence on our Committee and wish her all the best as she takes on this next step in her career. Hopefully one day she may return to the north west coast!

Our first event for 2023 was to host the 2023 Tasmanian Legal Practice Course students as they visited the north-west in April. The students commenced the day by enjoying a welcoming lunch in the Yurt at the Berry Patch in Turners Beach. This was followed by attending the Devonport Magistrates Court for an informative discussion with Magistrate Duncan Fairley, as well as a tour of the Court facilities. The students then attended a speakers panel held at the Paranaple Centre featuring Ryan Gilmour (Senior Solicitor of NWCLC), Jacinta Hamilton and Callum Purcell (Principals of Hamilton Purcell Lawyers), Kirsten Abercromby (North West Criminal Practice Manager of TLA). The day was completed by the north west profession joining the students at the Formby Hotel for dinner and drinks to finish off. We would like to extend our thanks to all involved in ensuring this event continues to be a success.

On 31 August 2023 at the Ulverstone Bowls Club, the third annual trivia night occurred with Tasmania Legal Aid taking out the win in a tightly fought battle against second placed Western Prosecution. It was pleasing to see the north west profession again embrace this event and we would like to thank Domino’s Ulverstone for their sponsorship, Kirsten Abercromby and Julia Ker for returning as our thoroughly entertaining quizmasters, and all otherwise involved in putting on this event.

Our Committee has this year held our meetings at the Penguin Beer Co to enable us to take part in

a trivia night as a group immediately after. So far this has been very successful with increased attendance at our meetings but also rather lucrative given we have won on most occasions we have attended so far. If you would like to come along, please feel free to reach out to a member of the Committee to find out when our next meeting will be held.

Finally, we would like to thank the members of our committee for their tireless work over the past year. Without their commitment, our achievements would not have been possible.

Callum Tregurtha and Amber Scott NWECL CO-PRESIDENTS

The Private Legal Profession in Tasmania as at 30 September 2022

The Private Legal Profession in Tasmania

Practising Certificates Issued 1 July 2022 - 30 June 2023