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Hearsay 14-2021

Friday, 16 July 2021

Hearsay 14-2021

Hearsay is the Law Society's fortnightly e-newsletter, sent out to all members. Reproduced here is the news section of Hearsay — other sections have been omitted.

Nominations now open for the 2021 ACT Law Awards

The Law Society is pleased to announce that nominations are now open for the 2021 ACT Law Awards. The awards are:

  • The President’s Medal, recognising significant personal and professional contributions of a local legal practitioner to the improvement of law and justice in the community.
  • The ACT Firm of the Year, recognising the efforts of local firms in contributing to access to justice, and to a diverse and healthy legal profession.
  • The Pro Bono Service Award, recognising the vital community legal work done by individual practitioners.
  • The Government Law Award, recognising the achievements of practitioners working in government.
  • The Young Lawyer of the Year, recognising the achievements of early career lawyers.

Nominations for the President’s Medal must be put forward by a person other than the nominee. For all other awards, individuals (or firms, where relevant) may self-nominate, or be nominated by someone else (subject to the nominees’ consent). Nominations close at 5pm on Monday 26 July. Awards recipients will be announced at our Annual Dinner & Awards Night on Friday 27 August 2021. Read More +

New guidance note: Check in CBR and client confidentiality

Does the Check in CBR app breach lawyer/client confidentiality? The Legal Profession Act & Ethics Committee has prepared some advice to help firms and practitioners who may have questions about the interaction between Covid-19 check in requirements and their client confidentiality obligations. Read More +

Military Law Committee update

Royal Assent to the Regulatory Powers (Standardisation Reform) Bill 2020 (Cth) has resulted in amendment of several Acts, including the Defence Force Discipline Act 1982 (Cth) (DFDA). A charge of a ‘service offence’ under the DFDA can be laid against members of the Australian Defence Force (ADF), when this serves to promote and maintain discipline in the ADF. Part VI of the DFDA regulates the investigation of service offences and has previously restricted some investigative powers, such as the exercise of a warrant to search premises, to premises on ‘service land’; which is land used or occupied by the ADF. The standard powers in the Regulatory Powers (Standard Provisions) Act 2014 (Cth) (RPA) can — when properly authorized in Defence — apply in addition to the existing DFDA Part VI powers, to those investigating service offences under the DFDA. The Explanatory Memorandum states that the additional powers, gained by triggering the RPA, would be ‘more appropriate’ for application on non-service land. Read More +

Court updates

A Ceremonial Sitting of the Supreme Court of the ACT to mark the retirement of the Hon Justice John Burns will be held in Courtroom 3, Supreme Court on Monday 30 August 2021 at 9.30am.

ACT Supreme Court:

Administrative Appeals Tribunal:

Changes to the law in relation to the regulation of debt management services

Changes were recently made to the law in relation to how providers of debt management services will be regulated. ASIC have provided information relevant to lawyers engaging in credit activities. Read More +