News

Appointment of Members of the Disciplinary Tribunal

Expressions of interest are sought from suitably experienced practitioners interested in being nominated for appointment to the Disciplinary Tribunal. The Tribunal hears and determines applications under Part 4.7 of the Legal Profession Act 2007, in respect of complaints against practitioners. The Judges appoint members from a list of nominees provided by the Society.

Further information is available here
Expressions close on 4 October 2018

Law Society of Tasmania AGM 

Join your colleagues for the Society’s Annual General Meeting followed by drinks and nibbles.
Friday 19 October 2018, 4pm. Notice

International Trade and Business Law Review Vol. XXII submission

International-Trade-and-Business-Law-Review-flyer

The Student Editorial Board of the International Trade and Business Law Review is currently seeking second round submissions from academics, postgraduate students and practitioners for inclusion in Volume XXII, to be published in 2019.

The International Trade and Business Law Review (the Review) publishes leading articles consisting of original research, case notes, comments, and book reviews concerning international trade and business law, arbitration law and comparative law. The Review endeavours to provide the legal and business communities with information reflecting recent developments in these areas; contributing to the scholarly discussion ofthese developments, whilst being informative and of practical relevance to scholars and professionals alike. The Review is overseen by a board of top international trade law practitioners and academics from across the globe, ensuring the relevance and quality of the material is outstanding.

In the past, the Review has received numerous high calibre submissions from students and scholars alike. The Student Editorial Board is seeking submissions from institutions across the globe for publication. As such your assistance in distributing this flyer would be greatly appreciated by the Review’s editorial team.

If you require any further information, please do not hesitate to get in touch via ITBLR@curtin.edu.au.

International Trade and Business Law Review
2018 editorial team

2018 Tasmanian Human Rights Awards

Media Release Tasmanian Human Rights Awards 2018

2018 Angus Downie Print Journalism Award Nomination Form

2018 HRA Nomination Form

 

Tasmanian Human Rights Week is celebrated from 1-10 December 2018

“Let’s Stand Up for Equality, Justice and Human Dignity”

This Year they Celebrate:

  • 70th Anniversary of the United Nations adoption of the Universal Declaration of Human Rights.
  • 30th Year of Human Rights Week in Tasmania.
  • 20th Anniversary of the introduction of the Tasmanian Anti-Discrimination Act.

Each year during Human Rights Week, community organisations hold activities and functions to highlight their work in Human Rights and  invite your network to join in this week of Human Rights awareness raising.

Community organisations can have their function or activity posted on The Tasmanian Human Rights web page and on Facebook if the information is forwarded to:

Humans Rights Week Organising Committee hrwoc99@gmail.com

Tasmania Law Reform Institute Issues Paper No. 26, “Review of the Judicial Review Act 2000 (Tas)

This paper evaluates Tasmania’s current laws governing the review of administrative decisions, and seeks community input on this topic. The paper is the first comprehensive review of the Act since it was introduced 18 years ago.

The Act covers the laws relating to when individual citizens may challenge the lawfulness of government action. There are concerns that the Act does not achieve its intended purpose of providing the public with a clear and simple means of seeking a review of government decisions.

The Institute’s evaluation of the law provides a unique opportunity to address inadequacies and potentially ensure that this vital process is best serving Tasmanians.

The TLRI review of the Act will address a wide range of key topics, including the form that procedure for challenging government decisions should take, the jurisdiction of the courts, the types of decisions that should be reviewable, and the scope of that review. It will examine the transfer of government power to private and not-for-profit organisations, as it pertains to the making of legally binding administrative decisions.

The Issues Paper, and a submission template, are also available on the Institute’s webpage: http://www.utas.edu.au/law-reform .

The Institute invites responses to any or all of the questions asked in the paper, and on any other matter considered relevant but not raised in the paper by 15 October 2018.

 

Judicial Review

Justice Project Final Report Released

On Thursday, 23 August the Law Council released the Justice Project Final Report at an event at Australian Parliament House in Canberra.

The Justice Project has been one of the most extensive reviews into the state of access to justice in the last 40 years.

The Law Society of Tasmania, as well as other LCA constituent bodies across Australia, has actively participated in the project over the past two years and is proud to be a part of such a comprehensive inquiry into the major access to justice issues faced by disadvantaged Australians.

Around 150 consultations have been held, and 129 submissions received, revealing often heartbreaking accounts about the consequences of not being able to access justice, or of receiving poor justice outcomes.

The Justice Project was overseen by an expert steering group led by the former Chief Justice of the High Court, the Hon. Robert French AC, with the final report containing 22 chapters and 59 recommendations. The recommendations include:

  • Justice Impact Tests should be introduced to facilitate the smoother development of laws and policies which have downstream impacts on the justice system.
  • A full review of the resourcing needs of the judicial system;
  • Significant government investment in legal assistance services required to address critical gaps (at a minimum $390 million per annum) and ensuring future funding through an evidence-based, sustainable and stable funding model;
  • Funding and supporting multi-disciplinary, holistic servicing models which address people’s complex legal and non-legal problems;
  • A COAG Access to Justice Framework to underpin a whole-of-government commitment to justice access; and
  • Implementing a National Justice Interpreter Scheme.

Read the work of The Justice Project.

Additional Reading:

Opinion Piece – LCA President, Morry Bailes

Networking Event – Meet the Legal Profession

Co-hosted by the Law Society of Tasmania, Tasmanian Women Lawyers, the Southern Young Lawyers Committee and Tasmania University Law Society

All practitioners are encouraged to attend a free networking event on Wednesday 26 September 2018, from 5pm at the Law Faculty.

The aim of the event is to encourage interaction between the profession and student body. Registration is essential for catering purposes.

Please register at : https://www.trybooking.com/XZIN

 

Meet the Legal Profession Event Flyer

Notice to Property Practitioners   GST at Settlement – Communication from the ATO

 

Review of the GST at settlement measure

Now that the measure has been operating for 6 weeks, we are reviewing the GST at settlement administrative process and are seeking feedback from industry.  This review will examine the process from the perspective of purchasers and vendors and is being undertaken with a view to identifying what is working well and what could be improved.

Please see the attached discussion paper for further information.

How to be involved?

The ATO will be holding phone hook ups with industry. If you are interested please contact me by 31st August 2018 and I will arrange a time to talk to you.

If you would like to provide written feedback please email me at jonno.colman@ato.gov.au, by 5th September 2018.

Webinar: GST at settlement – Process guidance and common questions – Thursday 6 September  2-3pm

This webinar will focus on the GST at settlement process for purchasers and suppliers. We will also cover some of the issues we have identified with forms received so far and the queries received from industry since the measure has come into effect. Register here.

Feedback on GST at settlement webpage

For the GST at settlement – a guide for purchasers and their representatives page (QC 56253) and  GST at settlement – a guide for suppliers and their representatives page (QC 56252) we are seeking feedback or improvements about these webpages, and whether or not it meets your needs. These pages are currently open for consultation until Friday 7 September 2018 via Let’s Talk.

ATO administration

We have experienced some issues with despatching the three automated emails for this measure. This has resulted in some delays in these emails being issued. We appreciate your patience, these issues are nearly resolved which will result in timely email confirmation.

If you have any queries relating to your transaction please contact us on 13 28 66 (fast code 3, 4)

Key issues identified in filling out the two forms (Forms instructions)

  1. Incorrect supplier details on form 1:
  • Some vendors are providing incorrect notification to the purchaser on the supplier details to be entered into the form.
  • The supplier/s is the entity that has the GST liability and will be entitled to the GST property credit.
  • An example of the issue we are seeing is notifying the supplier as ABC Pty Ltd (which doesn’t have a GST role) whereas it should be The trustee for the ABC Unit Trust.
  1. Incorrect timing of the lodgement of form 2
  • There have been a number of transactions where the purchaser/representative are incorrectly lodging form 2 before settlement. The purpose of Form 2 is to confirm the settlement date and to add the liability to the purchasers account. Form 2 should be lodged at settlement or as soon as practical thereafter.