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.
Opening of the Legal Year - St David’s Cathedral, Hobart 2 February 2024
2023/2024 Council Members
Julia Higgins * President
William Justo * Vice President
Amelia Higgs * Treasurer
2023/2024 Council Members
* Indicates membership of the Executive Committee
Imogen Cook *
Philippa Monk
Helen Bassett
Samuel Claessens
Dinesh Loganathan
Rohan Foon
Simon Gates
Renee Spencer
Robert Hegarty
Carey Higgins
Callum Purcell *
Luke Taylor *
Amanda Thompson*
Olivia Jenkins
Victor-David Murray
Committees 2023-2024
The Law Society Council 2023– 2024
President
J Higgins
Vice-President
W Justo
Hon Treasurer
A Higgs
Council
J Higgins*, W Justo*, H Bassett, S Claessens, I Cook*, R Foon, S Gates, R Hegarty, A Higgs*, O Jenkins, P Monk, V Murray, C Purcell*, R Spencer, L Taylor*, A Thompson*, D Loganathan, C Higgins, A Wells
(*Executive Committee Member)
Executive Director
L O Rheinberger
Deputy Executive Director F Beattie
Law Council of Australia Director R Foon
Committees 2023-2024
Northern Regional Committee
P J Lebski [ Chair and Secretary]
Southern Regional Committee
L Rheinberger [Secretary]
North-West Regional Committee
A Mihal [Chair and Secretary]
Criminal Law Committee
D Loganathan, J Crotty, J Detheridge, R Lancaster, R Mainwaring, P Monk, J Oxley, C Purcell, P Slipper, H Aston, C Graves, C Scott, N Wong, S Wright, I Arendt, B Lewis, S Cronin
Litigation Committee
L Taylor [Chair], A Buckley, K Child, P Dordhain, A Kendall, G McDonald, V Murray, D Palmer, S Royston, A Williams, M Wilkins, L Thompson, N Wong, A Thompson, E Burrows-Cheng
Property & Commercial Law Committee
A Bobbi [Chair], Z Donnellan, A Goss, C Hawkins, R Jorgensen, W Justo, A Kostezky, A Logan, R Manning, S Perraton, S Thomas-Wilson, H McCracken, S Pullinger
Employment, Diversity & Inclusion Committee
H Farquhar [Chair], S Buscemi, E Creak, C Green, S Manning, A Morton, L Pasanen, H Pill, K Induni, A Ryan, S Clarke, S Manning, A Higgs, A Wells, Y Cehtel
Estate & Succession Law Committee
K Martin [Chair], J French, S Llewellyn, V Murray, M Penno, A Wiss, K McLagan, V Murray
Pro Bono Referral Service
K Starkey [Chair], H Bassett, J Hutchison, S Keegan, A Pelham, P Slipper, A Ryan, T Dargaville, C Higgins, C Bookless
Family Law Committee
M Ryan [Chair], L Connelly, Z Dwyer, J Fawkner, C Graves, C Griffith, D Harper, T McKenna, S Rofe, M Scolyer, S Watson, C White, P Slipper, H Aston, K Mooney SC, Z Dwyer, K Wylie
Wellbeing Committee
S Gates [Chair], S Campbell, A Eaton, R Irwin, A Lyudenko, S Rofe, C Scott, J Standaloft, E White, O Fisher, C Mackie, S Harris, M Williams, H Farquhar
Committees 2023-2024
Southern Early Career Lawyers Committee
Z Dwyer [Co-President], M Scolyer [Co-President], K Barwick [Secretary and Treasurer], H Crack [CPD Officer], A Hope [CPD Officer], J Miller [Social Media Officer], E Law, B Goh, A Clarkson, S Harris, S Griffin, J Farmer, A Robinson-Herbert, G Morris, C Denehey, R Holbrook, E Burrows-Cheng, L Ringwaldt, S Ashby
Northern Early Career Lawyers Committee
L Benjamin [President], C Bailey [Vice-President and Secretary], S Barker [Social Coordinator], G Burden [Social Coordinator], A Cone [CPD Coordinator], T Drew [Ex-Officio Member], E Hindle [Treasurer], J Stewart, T Drew, B Kurdistan, A Pemberton, L Lim, A Lonergan, S Cronin, M Williams, Z Lieutier, C Thomas, J Harris, S Tryambake, A Sharma, M Peters, C Dornauf
North-West Early Career Lawyers Committee
C Tregurtha [President], K Kean [Vice-President], E Arnold [Secretary], M Sheehy [Treasurer], N Lau [Community Liaison and Social Coordinator], A Scott [Ex-Officio Deemed Member], C Johnson, H Bassett, A Williams, A Sharma, J Standaloft, S Warren, A Cawston, A Murphy, K Lewis,
The Society’s Nominees on Other Bodies
Board of Legal Education
A Grant, A Mills, J Higgins
Law Council of Australia – Legal Practice Section
Australian Law Management Group – Executive Committee
F Beattie
Law Council of Australia – Equal Opportunity Committee
C Green
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 Archer
Law Council of Australia – Futures Committee
C Archer
Law Council of Australia – National Criminal Law Committee
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
T Drew
Law Council of Australia – AML/CTF (Anti-Money Laundering / Counter Terrorism Financing) Working Group
S Gates
Legal Aid Commission
P Morgan, M Verney
The Society’s Nominees on Other Bodies
Council of Law Reporting
S Thompson
Law Foundation of Tasmania
A Thompson, J Higgins, L O Rheinberger [Secretary], M O’Farrell, N Readett
Centre for Legal Studies
A Smith, A Thompson, M Rapley SC
Solicitors’ Trust
P Kuzis, A Walker
University of Tasmania Law Faculty Teaching and Learning Committee
S Gates
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 [President], S Harris [Secretary], J Hamilton [Vice-Chair North-West], T Freeman [Treasurer] S Hunt [Vice Chair North], R Van Meer, A Scott, M Scolyer, S Dalwood, H Bassett, C Burns, J Higgins, A Lydon, K Mussared, R Murray, C Jacobs, K Starkey
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
It is with great pleasure that I present the annual report for the Law Society of Tasmania for the 2023/2024 year. The annual report is an opportunity to report to the Tasmanian profession and our stakeholders on the important work and contribution of the Society over the past year.
I want to start by saying what a great honour and privilege it has been to undertake the role of President. It is a role that I have enjoyed, and I am immensely proud to have been the first female President from the Northern region. It has been a busy year and I want to share the following statistics:
• The Society granted a total of 885 Practicing Certificates in the 2023/2024 financial year. The Society also enjoyed the support of 284 associate members.
• For the 2023/2024 year, the Society delivered 93 hours of CPD events, including the 2.5-day off-site Litigation Convention in November 2023 and the165 registrant Property and Commercial Law Conference.
• We have also seen the introduction of a CPD on AI which will be an ongoing area of interest for the Law Society.
• In April 2024, the Law Society re-launched the Leaders Forum lunch and Risk Management conference in the South and North. Both events were well attended.
Attraction and Retention
A major focus and priority has been around attraction and retention of early career Lawyers. This is long term goal for the Law Society and each year we continue to build on the work of previous Presidents and Council.
In October 2023, the Law Society rolled out the CPD series of events for early career Lawyers on the basics of practice and billing. This saw members of Council travel around the State to present in person in Hobart, Launceston, and the Northwest to our early career Lawyers. This series was highly successful, and I want to thank the firms for allowing their early career Lawyers along with paralegals who are currently studying law to be able to participate. That series will be an ongoing event.
The Law Society has continued to work and offer our support to the Tasmanian Legal Practice Course. The Executive Director and I attended the course to meet students as well as attending social functions. This is truly a unique course where students obtain invaluable experience, interaction and training, working alongside practitioners, Magistrates, and members of the Tasmanian Judiciary. This year has seen an expansion of the program where students are able to now travel to the North and
Northwest and spend a day where they are able to tour the courts, local firms, meet local practitioners, Magistrates and members of the Judiciary based in regional areas.
The Law Society continues to work closely with the University of Tasmania and with TULS. We have engaged in discussions with the Head of the Law School about options to better support law students based in the North and Northwest along with attraction of law students. We have engaged in discussions with TULS in relation to an internship program, the opportunity for law students to obtain work in firms while studying, and general legal experience. We are also looking at ways to improve our communication and engagement with students. This year we have been working with the various Colleges around the State and have presented at several school career expos. This work will continue in years to come.
Anti-Money Laundering Legislation
The Law Society are very conscious of the impending changes to the law with the introduction of this legislation and the significant impact on the legal profession.
Similar to the Law Council of Australia, we are concerned by the lack of consultation by the government and no exposure draft bill. It is our objective to continue to work closely with Law Council and to provide information to our members once available.
Stakeholder engagement
Over the year, the Law Society has attended scheduled events along with regular meetings with representatives from the Department of Justice, Director of Tasmania Legal Aid, Tasmanian Prison Services, TASCAT and Early Career Lawyers.
The Executive Director and I have been part of a working group known as the “Justice Forum” whereby we have been working with the Attorney General, in relation to the development of the Judicial Commission Legislation. The Law Society has made it clear that we support the introduction of this legislation.
The Law Society continues to work closely with the Department of Justice in relation to the Burnie Court Complex. The Law Society are conscious that the Commonwealth government has not committed to
provision of funding for a 5th court to be used for family law matters. That raises the question as to where in Burnie, family law matters will be heard. This is a serious access to justice issue, and I am concerned about the impact that this will have on families on the West Coast and Northwest Coast needing to access those facilities. The Executive Director and I are part of a working group in relation to this issue and have been proactive in providing our support to the Federal Circuit and Family Court of Australia.
Each quarter, I have attended a meeting with the Law Society Presidents from other states and territories. This is an important opportunity to exchange information about what is happening in other jurisdictions along with discussion of challenges for the profession. Although we are a smaller jurisdiction, we face similar issues to the other states and territories who are facing challenges in relation to retention of early career lawyers, particularly in regional areas and managing litigants (ie mental health, drug use, litigants in person and sovereign citizens). One of the other challenges of our interstate colleagues is youth crime and detention and governments lobbying to lower the age of criminal responsibility.
Duty Lawyer Service
The DLS continues to serve a valuable role in providing access to justice for defendants in the Hobart Magistrates Court. For the first time, the 2024 DLS has seen the duty roster made up of private law firm practitioners. I wish to acknowledge the Law Society’s partners, the Centre for Legal Studies and the Hobart Community Legal Service for their significant contributions to the DLS.
Mundy Report
In late May 2024, the report of Dr Warren Mundy was released. This was an independent review into the National Legal Assistance Partnership 2020 to 2025. The report makes 39 recommendations into future funding arrangements.
The matters of interest for the Law Society of Tasmania were primarily the recommendation that grants of legal aid to private practitioners
be set at the same level as court scales including the appointment of Independent Children Lawyers, funding for the Women’s Legal Services to be separated from the general community legal CLE scheme and establishment of a HECS/HELP debt forgiveness scheme for regional areas.
The Law Society of Tasmania has supported the Law Council of Australia in relation to advocating for Access to Justice and will continue to do so.
High Court of Australia
In November 2023, I was fortunate to be able to travel to Canberra to be present for the ceremonial sitting for Chief Justice Gageler.
Hobart welcomed the Justices of the High Court the week commencing 9 September to sit in Hobart. This is the first sittings in Tasmania since 2016.
The Executive Director and I attended a reception at Parliament House, function at the University of Tasmania for His Honour, Justice Beech-Jones and the Society hosted a cocktail party.
It is worth noting that in the 123-year history of the High Court of Australia, the Honourable Justice BeechJones is the first Tasmanian appointed as a Judge of the Court.
Conference of International Institute of Law Association Chief Executives
In November 2023, Tasmania along with our Executive Director hosted the annual Conference of the International Institute of Law Association Chief Executives. This saw Chief Executives from Law Societies around the world gather in Hobart for a two and a half-day conference along with attending a formal reception at government house.
Appointments
Over the last year we have seen several appointments and elevations highlighting the high quality of the Tasmanian profession.
I again congratulate the following:
• Judge Kate Cuthbertson appointed as a Judge of Division 2 of the Federal Circuit & Family Court of Australia.
• Associate Judge Daly of the Supreme Court of
Tasmania.
• Mr Chris Dockray, Ms Leigh Mackey, Mr Matthew Verney, Mr Tom Cox, and Mr Mark Rapley all appointed as Senior Counsel to the Supreme Court of Tasmania.
• Ms Maree Norton appointed as Senior Counsel in Victoria.
• Ms Alison Clues and Associate Professor Brendan Gogarty appointed to the Administrative Appeals Tribunal (and to the Administrative Review Tribunal when it commences in November).
I note that later this year that we will see appointments to TASCAT, the appointment of a new Magistrate and Deputy Chief Magistrate.
Supreme Court bicentennial
One of the highlights of my year as been able to participate in the celebrations for the 200th year celebration of the Supreme Court of Tasmania.
I feel very honoured to have able to address the court at the ceremonial sittings on 10 May 2024 and attend several other functions hosted by the court to celebrate this important anniversary.
I stated on 10 May, how proud I was on behalf of the Society to be able to say that in Tasmania we have oldest Supreme Court in Australia. Over the years, the Law Society and its predecessors have enjoyed a close and cordial relationship with the court.
The constancy of the role of this court in Tasmania is an important enduring theme of our democracy and access to Justice for many Tasmanians.
Charity
My charity has been St Vincent De Paul – Vinnies.
I want to thank the profession for their support to me with fundraising which included the Christmas appeal, the Back-to-School Essential lunch box drive and auction at the opening of the Legal Year and CEO sleep out.
The profession has assisted in raising awareness about homelessness and much needed funds for vulnerable Tasmania.
We have raised over $5000 over the last year along with collection of about 70 lunch boxes.
I also want to acknowledge those members of the profession who give back to the community by undertaking legal aid work, undertaking pro bono work, volunteer work for community legal centres and for various boards.
Conclusion
I want to acknowledge the work and contribution by all the staff at the Law Society of Tasmania, Mr Luke Rheinberger, Ms Francesca Beattie, Ms Amal Cutler, Ms Shelley Harwood, Ms Shelley Riseley, Ms Amanda Wesley and Mr John Zuleta. The Law Society is extremely fortunate to have them.
I want to specifically acknowledge and thank the Executive Director, Mr Luke Rheinberger for his support, mentorship, and guidance that I have received over the reporting year. I am truly grateful and could not have undertaken this role without that support.
I want to acknowledge and thank the members of Council and our committee members who volunteered considerable time, effort, and expertise during the reporting year to assist the Law Society accomplishing its policy, regulatory and functional responsibilities.
JULIA HIGGINS PRESIDENT
Treasurer’s Report
On behalf of the Law Society of Tasmania, I present the Society’s annual financial statements for the financial year ending June 2024.
The Society’s net income for 2024 of $95,626.00 represents a reduction from the previous year’s net income of $180,313.00.
This can be attributed to a number of factors when compared with the same position the previous financial year, including:
• An increase in staff salaries and remuneration of $63,294.00
• A reduction in revenue from practising certificate fees of $105,448.00
• Additional expenses for the Duty Solicitor Scheme which were not applied in 2023, and
• Higher expenditure on maintenance and repairs of the Societies’ premises in both Launceston and Hobart.
General increases to the costs of goods and services across the board has understandably also had an effect.
In summary, although the outcome is lower than the previous financial year, a net profit of close to $100,000.00 is a positive outcome, and we remain in an overall strong position.
Thanks, as always, go to:
• Mr Bruno Palermo, Collins SBA
• Mr John Zuleta, Office and Accounts Administrator, Law Society of Tasmania
• Mr Luke Rheinberger, Executive Director, Law Society of Tasmania
• Ms Francesca Beattie, Deputy Director, Law Society of Tasmania
• Amal Cutler, Shelley Harwood, Shelley Riseley, and Amanda Wesley, Law Society of Tasmania staff
Amelia Higgs TREASURER
Legal Profession Dinner, Wrest Point, Hobart
2 February 2024
Annual Report of the Prescribed Authority
2023/2024
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 as the prescribed authority for the previous financial year.
Overview
The Tasmanian legal profession operates under a co-regulatory model. Broadly speaking, 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 or barrister 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 2023 to 30 June 2024:
Overall, numbers are up very slightly (less than 1%) on the previous year.
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.
It has never been made clear why the above class of practitioners are not subject to the same regulatory requirements as all other practitioners when it comes to being granted a practising certificate.
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 2023-2024 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 2020 to 2023 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.
In the relevant period six Tasmanian ILP’s gave notice of an intention to begin providing legal services, bringing the total number of Tasmanian ILP’s to 74. The Society received 16 notices from interstate practices.
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.
External
Interventions
There was no action taken by way of external intervention in the relevant period.
Conclusion
In carrying out its functions as the prescribed authority in 2023-24 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.
Yours faithfully
Julia Higgins President
c.c. Attorney-General for Tasmania
Criminal Law Committee
During the relevant period the members of the Criminal Law Committee were:
• Dinesh Loganathan
• James Crotty
• Caroline Graves
• Rebecca Lancaster
• Rochelle Mainwaring
• Philippa Monk
• James Oxley
• Callum Purcell
• Cameron Scott
• Peter Slipper
The Criminal Law Committee continue its important work in raising and considering issues relevant to criminal law practitioners.
The Committee fostered a continuing positive relationship with Tasmania Legal Aid. Having two members who are employees of TLA certainly assisted in the flow of information between TLA and the Society.
The Committee provided considerable feedback to Tasmania Police, particularly with respect to disclosure in the Magistrates Court. Again,
communication was assisted by the Committee hosting Inspector Brenda Orr at one of its meetings. Legislation that the Committee provided submissions and/or feedback on include:
• Criminal Jurisdiction of the Associate Justice Bill
• Review of the Sentencing Act – Motivation of Prejudice or Hatred as an Aggravating Factor in Sentencing
• Justice Miscellaneous Amendments
• Presumptive Sentencing for Assaults on Frontline Workers Bill
• Commission of Inquiry Bill
The Committee participated in the review of Tasmania Police Prosecution Services.
The Criminal Law Conference held on 1 March 2024 was again a success. The Committee thanks Amal Cutler in particular for her professionalism in organising the conference.
Each member is to be thanked for their contributions during the year.
Thanks in particular are due to the retiring Chair of the Committee, Dinesh Loganathan.
Luke Rheinberger EXECUTIVE DIRECTOR
Employment, Diversity and Inclusion Committee
The EDI Committee has had another successful year representing employment law on behalf of Tasmanian practitioners and advocating for diversity and inclusion in the legal profession.
I would first like to thank the current members of the Committee: Craig Green, Emily Creak, Henry Pill, Sebastian Buscemi, Lily Pasanen and Adrienne Morton. The Committee would not be what it is without your dedication and support.
I would also like to acknowledge and thank outgoing members of the Committee this year: Amelia Higgs (former Chair), Alison Wells (former Chair) and Stephanie Manning. Their significant contribution to the Committee over a number of years has been greatly appreciated.
The Committee has had an active year on the CPD front. In late 2023, Committee members Craig Green and Emily Creak presented and chaired respectively a CPD on ‘The Interplay between Criminal and Employment Law Matters’ alongside Elise Whitmore (Principal Solicitor, Women’s Legal
Services (Tas)) and Ekaterina Skalidis (Principal, Dobson Mitchell Allport). Craig also presented a session on ‘The Use of Social Media in Practice’ at the 2024 Estate and Succession Law Conference.
As always, the Committee has played an active role in the preparation and programming of the Employment Law Conference. The 2024 Conference was very well attended and had an impressive lineup of local and interstate presenters, including the Committee’s very own Henry Pill and Emily Creak who did a quick-fire case law update. The 2024 Conference covered a diverse range of employment law topics, from age and disability discrimination to freedom of speech and industrial action. I would specifically like to thank Amal Cutler and my fellow Committee members for all their hard work in delivering this Conference.
The Committee is often required to provide submissions on consultation papers and law reform within short timeframes. The Committee welcomes the opportunity to do so and over the past year has considered and provided submissions on a number of issues, including the Fair Work Commissions’ Options Paper on Paid Agents. The Committee also provided input to the Law Society on the draft Tasmanian Clerkship Program Guidelines.
In 2023/2024, the Committee continued its focus on sexual harassment in workplaces. An article by Committee member Craig Green was more recently published in the Law Society’s Law Letter on the ‘Positive Duty to Eliminate Workplace Sex Discrimination and Harassment’. The Committee has also compiled resources and support options on the Law Society’s website for people who experience sexual harassment in the workplace.
The Committee is proud to see a growing interest in employment law in Tasmania, which has been demonstrated by large turn outs at CPDs this year. The Committee would also like to recognise the work of Ekaterina Skalidis (Principal, Dobson Mitchell Allport) and Jane Hanna (State Sector
Management Office, DPAC) in delivering a prominent employment law subject through the Tasmanian Legal Practice Course.
The Committee is keeping a very close eye on new developments in employment law as part of the Fair Work Legislation Amendment (Closing Loopholes No.1) Act 2024 (Cth), including the right to disconnect. Watch this space for future CPDs and developments! Diversity and inclusion also remain a top priority of the Committee. The Committee is currently exploring a number of initiatives, including (without limitation) opportunities related to the experience of those with a disability (visible or invisible) or parenting/carers responsibilities in the legal profession.
On a final note from the Committee, I would like to thank the dedicated Law Society staff for their continued support. In particular, Shelley Riseley, Jandy Godfrey, Amanda Wesley, Shelley Harwood, Amal Cutler, Francesca Beattie and Luke Rheinberger.
Harriet Farquhar CHAIR
Property and Commercial Law Committee
This year the Committee has launched an updated 2024 version of the standard form contract for sale of land. The contract has been well received by industry and has enjoyed a high take-up rate, albeit with some technical hiccups from the introduction of the Real Estate Institute of Tasmania’s online execution system. We are continuing to work with the REIT regarding electronic execution and best practice in this area.
There has been ongoing dialogue with the State Revenue Office and the Land Titles Office about the introduction of electronic conveyancing. We are hopeful of a smooth implementation for members when PEXA becomes available for most members.
The Committee is continuing to progress its push for wide ranging changes to property development laws and to update the auction terms and conditions. We hope to progress these issues over the coming year.
The Committee’s annual conference was well attended and received, and we are hoping to build on that momentum with a range of topics in the coming months.
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
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.
The Wellbeing Committee’s review of the Law Society’s EAP and psychosocial support services has now been finalised. As a result, we are now liaising with private psychology and counselling service providers with a view to establishing arrangements whereby they can provide bespoke services to those employed in the legal sector. This is to address an identified need for members and those employed in the sector to have the opportunity to engage with and establish a professional relationship with an individual psychosocial support provider, including face to face, who can provide professional therapy and support on an ongoing basis. This additional support facility is to supplement, rather than replace, the current EAP services provided by our current provider Converge, which is to continue.
During the past year the majority of the members of the Senior Practitioners List have now undergone Mental Health First Aid training, further equipping them to provide confidential advice to practitioners who are experiencing wellbeing challenges as part of the support provided by senior practitioners on the List. The Senior Practitioners List includes a number of new faces from diverse backgrounds. I would like to thank all those practitioners for their generosity in volunteering to make themselves available to support other members of the profession and we would welcome other senior practitioners expressing interest to be on the List.
Again, I would encourage 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 year has seen the Law Society arrange a number of excellent CPD events relating to the wellbeing of legal practitioners and those employed in the legal sector and also those who engage with the legal system. We have received very positive feedback in relation to these.
Again, I remind members to access the Wellbeing page on the Law Society’s website, which includes links to a variety of resources designed to assist members in relation to the management of their wellbeing. Additional resources and material are being added to the webpage regularly.
The Wellbeing Committee has continued recording and publishing podcasts in which we explore important wellbeing issues and initiatives relevant to the Legal Sector with specialists and experts in their fields. These can be accessed on the wellbeing page of the Society’s website.
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.
Finally, I would like to thank continuing members of the Committee Catherine Scott, Emma White, Rebecca Irwin, Sally Rofe, Alex Eaton, Sarah Campbell, Anastasia Lyudenko and Jade Standaloft for their ongoing dedication and commitment to our important work.
I would also like to thank outgoing member Craig Mackie for his significant contribution to the work of the Committee since it was established.
Finally, I would again like to thank Shelley Harwood, Jandy Godfrey and Luke Rheinberger for their ongoing support of the work of the Committee.
Simon Gates CHAIR
Estate and Succession Law Committee
The Estate and Succession Law Committee (previously the Elder Law & Succession Committee) of the Law Society for the reporting period comprised the following members:
• Kimberley Martin (Chair)
• Alison Wiss
• Victor-David Murray
• Megan Penno
• Shelby Llewellyn
• Jacinta French
• Kristen McLagan
The Committee has once again had a very busy year, with changes in legislation and policy being rolled out at both at a State and Commonwealth level which have impacted practitioners in this area. The Committee has held numerous meetings with government departments and other stakeholders, has written multiple submissions relating to draft Tasmanian and Commonwealth legislation, advocated for reform in legislation, policy and practice, and provided many updates to the profession about these changes and its work. A summary of these matters is set out below.
Law Reform
The Committee has made submissions to (and continues to liaise with) government and other stakeholders on the following law reform matters:
• Practical Compliance Guideline PCG 2018/4
– the Committee made a submission to the Australian Taxation Office in response to its consultation regarding ‘Draft PCG 2018/4DC1
– Income tax – liability of a legal personal representative of a deceased person’. PCG 2018/4 was released by the ATO in August 2024.
• Office of the Tasmanian Economic Regulator (OTTER) inquiry into the Public Trustee’s pricing policies – the Committee met with the OTTER and made submissions in response to its inquiry into the Public Trustee’s pricing policies. Submissions related to the inseparability of the public trustee’s commercial and non-commercial services, transparency and equitability in fee structures, market comparison mandate/ alignment with market standards, compliance with international conventions, ethical and fiduciary obligations, powers to charge for legal services and the competitive neutrality principle.
• Recognition of corresponding enduring documents and advance care directives laws for the purposes of section 35ZN of the Guardianship and Administration Act 1995 (Tas) – the Committee (after meeting TASCAT) provided a draft precedent form ‘Certificate of Proof of Foreign Execution Of Enduring Guardian Instrument’ to assist practitioners when registering foreign documents. This draft was substantially adopted by TASCAT and is now available for use.
• Eligibility of a former de facto under the Testator’s Family Maintenance Act 1912 (Tas) –in meetings with the Department of Justice, the Committee advocated for potential legislative reform in the area as a result of the recent case
GFR v SRP [2024] TASFC 2 and legislation in other Australian jurisdictions.
• Review of foreign Enduring Powers of Attorney and Instruments Appointing Enduring Guardians by TASCAT – in meetings with the Department of Justice, the Committee advocated for potential legislative reform in the area as a result of the recent case WGE (Application to Review Enduring Power of Attorney) [2024] TASCAT 19 and legislation/approaches taken by Tribunals in other Australian jurisdictions.
• Current separation of Enduring Power of Attorney Register (with Land Titles Office) and Instruments Appointing Enduring Guardians /Advanced Care Directive Register (with TASCAT) – in meetings with the Department of Justice, the Committee raised concerns about the current separation of the Registers and advocated for a review to be undertaken to determine whether they should be managed by the same body. The Committee also advocated for a searchable register of Instruments Appointing Enduring Guardians.
• Duty exemption applications for transfer of motor vehicles where a person dies intestate – the Committee continued to liaise with the Department of Justice about extending the existing exemptions to intestate estates.
• Difficulties experienced by executors in transferring water licences – the Committee continued to liaise with the Department of Natural Resources and Environment Tasmania (NRE) about improving this process (including amendments to be made to relevant statutory declarations).
• National Register of Enduring Powers of Attorney – the Committee continued to liaise with the Law Council of Australia’s National Elder Law and Succession Committee about this proposal.
• Electronic signatures and remote witnessing for Wills, Powers of Attorney (including Enduring Powers of Attorney), Instruments
Appointing Enduring Guardians, Deeds and other estate, trust and company documents – the Committee continued 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 Act 2023 (Tas) – the Committee liaised with TASCAT and the Department of Justice to ensure that the implementation of Tranche 2 reforms avoided the teething issues experienced by the profession and the community with Tranche 1 reforms.
• Errors on death certificates and the role of funeral directors – the Committee continued to liaise with the Department of Premier and Cabinet (DPAC) about changes to the Senior Next of Kin Information/Guide Sheet.
• Issues with the banking industry – the Committee continued to liaise with STEP Australia, certain banks and other stakeholders about the introduction of a standard policy relating to Powers of Attorney.
• Issues with the Australian Tax Office (ATO) – the Committee liaised with the ATO and STEP Australia, and advocated for a standard position to be communicated to all practitioners, in relation to difficulties experienced by practitioners in relation to the ATO’s ‘conflict of interests policy’ for certain certified documents.
Professional Development
The annual ‘Estate & Succession Law Conference’ organised by the Committee and the Law Society was held on the 9th August 2024 at the Wrest Point Casino. Local and interstate speakers spoke on various topics including dementia in practice, complex estate administration, use of social media in practice, the Re Owies case, and ethics in practice. The ‘Estate Planning from a Litigator’s Perspective Workshop’ organised by the Committee was held on 10 August 2024 at the Wrest Point Casino.
The committee is most grateful to Amal Cutler and Francesca Beattie of the Law Society for their assistance with these events.
Acknowledgements
The Committee is grateful to the staff of the Law Society, particularly Francesca Beattie, 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.
The Committee thanks Committee member, Kristen McLagen who stepped down from the Committee in 2024 after many years of service. Kristen also represented the Society and the Committee on the Law Council of Australia’s National Elder Law & Succession Committee. Kristen’s work has been invaluable and has been a key component of the success and progress of the Committee.
Kimberley Martin CHAIR
Litigation Committee
In the relevant period, committee members were: Luke Taylor (Chair), Andrew Buckley, Aysha Williams, Victor-David Murray, Pierre Dordhain, Gabrielle McDonald, David Palmer, Scott Royston, Alex Kendall, Kym Child, Matthew Wilkins, Lachlan Thompson, Natasha Wong, Amanda Thompson and Edward Burrows-Cheng. I wish to thank all members of the committee for their dedicated contribution to the committee and its functions over the past year.
The purpose of the committee is to be 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 in that regard, which can be challenging. Often, requests from input from the committee come with little notice and short response times. This is particularly so with respect to queries from government, considering that that such requests often concern legislative reform. It continues to be a great credit to all members of the committee, given their volunteer status, that such queries are
dealt with promptly and with a high level of technical expertise. One example of that over the past year concerned a request from WorkSafe Tasmania for a response on the proposed introduction of industrial manslaughter provisions into Work Health and Safety Act 2012. The work by the committee took place in January and February 2024, with the legislation recently being passed by Parliament in September 2024.
The committee continues work on long-standing projects such as the development of guidelines for use by both the legal and medical professions in personal injuries matters, and also the production of a standard costs agreement. Recently, the committee has endorsed the idea of establishing a Supreme Court “users group”, and that is currently under investigation.
On 10,11 and 12 November 2023 the biennial litigation convention was held at the Eastcoaster Resort. The weekend was a roaring success from both a program and a social point of view. Thanks are due to the entire Law Society team, with particular credit to Amal Cutler.
The committee is looking forward to the Litigation Conference to be held at Wrest Point in Hobart on 8 November 2024. Another terrific line-up of relevant and engaging topics and speakers has been put together. A number of committee members will be presenting and hosting sessions on the day. It will be a “must see” event and a highlight for the Society’s CPD offering in 2024
Luke Taylor CHAIR
Family Law Commitee
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.
Our committee was very grateful to have its work recognised by being presented with the Law Society Outstanding Committee Award for 2024.
Our committee has put a great deal of effort into providing input and advice to the President in respect of the massive legislative reforms to the family law system.
The committee continues to work in partnership with the Family Law Practitioners Association (FLAPA) to advocate for our members on matters touching on family law and child protection. Further submissions have been considered this year, particularly with respect to property and superannuation. The feedback to the President in respect of the reforms has been considered in partnership with FLAPA.
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. In February we ran a half day advocacy exercise focussed on cross-examination. We are grateful to Judge Taglieri and Judge Turnbull for participating in the mock hearings. The exercise was oversubscribed, and we plan to repeat it in the coming months for those who missed out.
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
On behalf of the Southern Early Career Lawyers Committee (SECL), we are pleased to report another successful year for the committee. The committee has again worked hard to continue its support to early career lawyers through providing information, networking opportunities, educational CPDs and of course a sparkling events calendar.
The committee is grateful to the profession for their continuing support of our social events. As a committee we believe that our events play an important role in maintaining connections between early career lawyers, and without the support of the profession, our beloved events would not be able to continue.
The 2024 Easter Long Lunch, always one of our most anticipated events, was held in April at Deep South Brewery. The afternoon was an opportunity for attendees to connect, socialise and unwind before recharging over the Easter break.
Our annual quiz night was held at Shambles in July and was again a sell-out success. After a sudden death round with Page Seager, the top prize was ultimately taken out by Simmons Wolfhagen.
Congratulations!
The committee also supported the annual Australian Law Students Association (ALSA) Conference, which was held in Hobart this year. Several committee members were involved in judging rounds of competitions, and the committee also supported the inaugural ‘junior golden gavel’. With a rap, a TikTok inspired skit, and poetry, the law students gave the members of the profession looking to compete in the 2024 Tasmanian Golden Gavel competition a run for their money.
Thís state’s Golden Gavel took place on 27 September at the Grand Poobah and was once again a riot. Special thanks to Trevor McKenna, Barrister, Derwent and Tamar Chambers. Pip Monk, Principal, Monk Lawyers, and Ali Sawyer, Senior Associate, Simmons Wolfhagen Lawyers, for giving up their time to judge. Congratulations to this year’s winner, Sydney Lee, Lawyer, Ogilvie Jennings, who heads off to compete in the National Golden Gavel in November.
Another focus of the committee this year has been the retention of early career lawyers within the profession. Part of this has involved working toward having greater involvement with the Centre for Legal Studies. This year we have held multiple pizza and networking nights and have entered into discussions with the presidents of the other intrastate early career lawyers committees around implementing a statewide mentorship program.
The SECL still has some great offerings to come on our CPD calendar, including our series on costs. We extend our thanks to the existing committee, and warmly encourage any early career lawyer based in the South considering joining the committee to do so.
Zoey Dwyer and Megan Scolyer CO-PRESIDENTS
Northern Early Career Lawyers Committee
Extend my thanks on behalf of the present Committee to the outgoing Committee. Under Timothy Drew’s (Senior Associate, Rae & Partners) leadership 2023 was a strong year for the NECL, and the outgoing Committee leaves us in a very strong position to ensure our events in this coming year are accessible and well facilitated.
We have been saddened to say goodbye to several early career practitioners this year, some to other parts of the State, and others to new pursuits; however, we are also excited to welcome to new members in the North. We expect to formally welcome around twelve (12) new members at our upcoming annual Meet and Greet for new practitioners.
The Committee hosted its 2024 long lunch at a local tapas, wine and cocktail bar. Our guest speaker, Katherine Barclay, Special Counsel, HWL Ebsworth, spoke very well indeed and is recommended to others looking for inspiration for similar events. The event was well enjoyed by those in attendance. Our traditional “Meet and Greet” drinks event for
new practitioners and the profession at large is was held on Friday 20 September at Staffordshire House.. and we enjoyed introducing the cohort of new lawyers to Launceston.
Our annual trivia evening was held on Wednesday 2 October.. The Committee would like to thank Rae & Partners for sponsoring this year’s event. Bragging rights and a place on the shield were up for grabs at a very entertaining evening.
CPD-wise, we have reflected on the last couple of years and are looking to ensure that some of our CPD events cater more evenly to our members, particularly in light of the recent developments in conveyancing with the issue of the Recorders’ Directions and the focus on litigation-aligned CPDs of late.
We extend our thanks to those members of the judiciary, the magistracy and the senior members of the profession who have supported not just our CPD events, but also our social events over the last year, and to those who have offered and agreed to support us this year.
I would thank once again thank this year’s Committee for the commitment it has already shown, particularly to our Vice President Courtney Bailey, Associate, Bishops, who has also stepped into the role of secretary, and social coordinators Sophie Barker, Lawyer, Rae & Partners and Grace Burden, Lawyer, Simmons Wolfhagen.
Louis Benjamin PRESIDENT
North-West Early Career Lawyers Committee
2024 has been a year of significant change and renewal with fresh faces stepping into roles within the North-West Early Career Lawyers Committee (NWECL).
I would like to begin by acknowledging the significant contributions over many years in their various roles within NWECL of Amber Scott, Senior Associate, Rae & Partners (former President) and Sophie Warren, Lawyer, Tasmania Legal Aid (former Secretary). Both of them have worked tirelessly and this committee would not be what it is without their commitment to it. I would also like to thank Kelsey Lewis, Lawyer, Tasmania Legal Aid and Aaron Murphy, Associate, McLean McKenzie & Topfer, for their contributions as CPD coordinators for our committee in recent years. Without a permanent base for our CPD program / events, it takes considerable planning and effort to do what we do and I would like to thank those mentioned above in addition to all who have taken on roles within NWECL from time to time.
Joining me as our executive for this Early Career Lawyer Committee year are Kristie Kean, Lawyer, McVeity Dean Lawyers, as Vice-President, Mitchell Sheehy, Legal Officer, Western Prosecution Services, DPFEM, as Treasurer, and Elizabeth Arnold, Tasmania Legal Aid, as Secretary. I would
like to thank each of them for assisting as office bearers to discharge our obligations under our Constitution.
This year has been another successful year for the North-West Early Career Lawyer Committee. We again started the year by hosting students from the Tasmanian Legal Practice Course on a trip to the north-west coast which was well attended and enjoyed by students completing the course. This event involves significant planning and would not be possible without the contribution of all involved. I would like to thank in particular the members of the speakers panel as well as those that hosted the group as we visited organisations based around Devonport, before coming together with the profession at the Central Bar. Planning has commenced already for next year’s event which we hope will be bigger and better than ever.
On the CPD front, we have had two main events so far this year:
• Amber Scott and Sophie Warren organised a very well attended family law CPD on the family violence cross-examination scheme at the UTAS Cradle Coast campus. Judge Marcus Turnbull, Federal Circuit and Family Court of Australia (Division 2)and Matthew Verney SC, Barrister, St Elmo Chambers, provided practical guidance to all in attendance and certainly it was a well enjoyed event which will hopefully see an uptick in practitioners joining the scheme and acting as Counsel in family law trials in future. I would like to thank the presenters as well as Julie Fawkner. Associate Director, Family Law, Tasmania Legal Aid, who attended to fill us in on the practical steps to joining the scheme. Thanks again to Amber and Sophie as well.
• Kelsey Lewis organised a practical Magistrates Court CPD on the use of sections 32-4, 38 and other areas of the Evidence Act 2001 (Tas). This involved the use of a very detailed hypothetical scenario with both Magistrate Edwards and Magistrate Topfer, Magistrates Court of Tasmania presiding, Julia Ker, Legal Officer,
Western Prosecution Services, DPFEM, prosecuting, and Greg Richardson, G.A. Richardson, as Defence Counsel. In addition, Kelsey flexed her acting chops by portraying a sophisticated victim/witness who morphed between being forgetful, evasive, and combative during the course of the session. Attendance at this CPD was excellent and it was great to see a diversity of practitioners as well as members of Tasmania Police present. I would like to thank all who assisted with this CPD including the Magistrates Court for the use of their space after-hours and hopefully we will continue to have further CPDs of this nature in future.
We are presently planning the balance of our CPD activities for the remainder of the year in addition to a further iteration of our annual trivia nightso please keep an eye on the LST newsletters for information as to those events as they develop.
If you are a practitioner that is less than 10 years post-admission and based in (or visiting) the north-west coast, you are welcome to join us for our meetings and dinner/community trivia that usually occur at Penguin Beer Co on the third Tuesday of each month. Please feel free to contact any of our committee if you would like to join (for a night or permanently) or have feedback/ideas for us.
As a final matter on behalf of NWECL:-
• I would perhaps be in contempt if I were to fail to acknowledge the career and impending retirement of the Honourable Chief Justice Alan Blow AO, Supreme Court of Tasmania. His Honour (after a move from Sydney) initially was based in Devonport and worked his way to become a partner at the Devonport firm, O’Rourke and Blow. A move to Hobart and judicial appointments followed. We thank His Honour for his support of early career lawyers over the years - whether that be at the Legal Practice Course, circuit dinners, or in practice - and wish His Honour well in the next phase of his life.
• I would like to congratulate Matthew Verney SC on his recent appointment as Senior Counsel. As a practitioner who has developed his career on the north-west coast, Matthew has been incredibly generous with
his support of early career practitioners finding their feet (including mine). Matthew’s diversity of his practice (shifting from civil to family law) is a reminder to early career practitioners that you can try something new part way through your career in finding your professional fit and do so with great success. Congratulations Matthew!
Thank you to all who contribute to and are involved with the NWECL.
Callum Tregurtha PRESIDENT
2024
Admissions, Supreme Court of Tasmania, Hobart 9 August 2024
The Private Legal Profession in Tasmania as
The Private Legal Profession in Tasmania
Practising Certificates Issued 1 July 2023 - 30 June 2024
