Submissions

The Centre’s submission supports the proposed alterations to the Constitution to include ‘Chapter IX—Recognition of Aboriginal and Torres Strait Islander Peoples’ and its section 129 ‘Aboriginal and Torres Strait Islander Voice’.

December 2019

September 2017

October 2017

The Centre’s submission to the Inquiry into a better family law system to support and protect those affected by family violence focused on the capacity of pro bono legal culture and services in Australia to support and protect people affected by family violence, and how these services can be strengthened in order to provide access to justice for those individuals. The Centre’s submission draws on its own research in its report, Pro Bono Legal Services in Family Law and Family Violence: Understanding the Limitations and Opportunities (October 2013).

Submission to the Victorian Department of Justice and Regulation regarding its Access to Justice Review, focusing on ways of enhancing pro bono legal services in Victoria.

The Centre has provided a submission to the Commonwealth Attorney-General’s Department regarding the Secretary’s Review of Commonwealth Legal Services Issues Paper 1.

The Centre has provided a brief submission to the Regional Telecommunications Independent Review Committee regarding the Regional Telecommunications Review 2015 Issues Paper. The Centre’s response is primarily drawn from research conducted for the two conference papers that it has delivered on the use of video conferencing technology in the delivery of pro bono legal services.

The Centre provided a submission on the proposed Continuing Professional Development Rules (Solicitors) 2014 to be made pursuant to the Legal Profession Uniform Law. This submission was supplementary to the Centre’s previous submission to the Legal Services Council on the Consultation Draft of the Legal Profession Uniform General Rules (January 2015 – see below).

The Centre has provided a brief submission on Victoria Legal Aid’s Family Law Legal Aid Services Review Consultation and Options Paper. The Centre’s response is primarily drawn from research conducted for its report Pro Bono Legal Services in Family Law and Family Violence: Understanding the Limitations and Opportunities (October 2013).

The Centre was invited by the Legal Services Council to provide comments and submissions in relation to the consultation drafts of the proposed Uniform Rules to be made under the Legal Profession Uniform Law. The Centre’s submission in relation to the Legal Profession Uniform General Rules 2014 focuses on removing barriers to pro bono legal work. The submission is endorsed in full by DLA Piper Australia.

The Centre has provided a second submission to the Productivity Commission’s Inquiry in to Access to Justice Arrangements, in response to the recommendations and requests for information in the Productivity Commission’s Draft Report.

The Centre has provided a submission to the Productivity Commission’s Inquiry in to Access to Justice Arrangements. The Centre’s submission focuses on the role of pro bono legal work in providing access to justice, the cost of accessing civil justice and improving the accessibility of courts.

The Centre was invited to submit to this inquiry and argues the case for adding a further exempt fee category to the current Federal Court rules for “those that are being acted for on a pro bono basis”.

This is a submission provided to the NSW Law Reform Commission in response to an email requesting further information on a number of issues raised in the Centre’s 2011 submission (see below).

This submission in response to Consultation Paper 13 identifies the key issues in the current legislative framework pertaining to costs orders in public interest and pro bono matters, and makes recommendations for legislative change. It refers to the preliminary submission made by the Centre in February 2010 (see below).

This submission supports reforms to simplify the regulation of not-for-profit organisations (NFP), on the basis that it would free up significant pro bono legal assistance resources which are currently directed towards assisting NFPs with matters such as their applications for deductible gift recipient status. The Centre submits that these resources could be redirected to address other unmet legal needs.

The Centre’s third submission to the Taskforce relates to the Legal Profession National Law 14 May 2010 Consultation Draft and how it has addressed concerns we have raised regarding structural barriers that exist in relation to facilitating Australian legal practitioners to undertake pro bono legal work.

This preliminary submission identifies the key issues in the current legislative framework pertaining to costs orders in public interest and pro bono matters, and makes recommendations for legislative change.

This joint submission on the proposed national reform of the legal profession identifies the key legislative and regulatory barriers faced by Australian legal practitioners wanting to undertake pro bono legal work, particularly in relation to the availability and cost of practising certificates, and professional indemnity insurance. Joint submission with Australian Corporate Lawyers Association, DLA Phillips Fox, Queensland Public Interest Law Clearing House, Public Interest Law Clearing House (Vic) and JusticeNet SA.

This submission addresses the ability of people to access legal representation, the adequacy of legal aid, the cost of delivering justice, the adequacy of funding and resource arrangements for community legal centres, and the ability of Indigenous people to access justice. It discusses the amount of pro bono work that is undertaken, outlines some of the ways in which pro bono provides individuals with access to justice, and points to some of the gaps and limitations in the provision of pro bono services.

This submission provides an overview of the remarkable work done by private lawyers in Homeless Persons Legal Clinics across four states of Australia and makes recommendations for supporting and expanding these activities.

The submission addresses the changes to the Continuing Professional Development (CPD) Rules proposed by the Law Institute of Victoria and the Victorian Bar. The submission proposes that the definition of ‘CPD activity’ contained in the CPD rules should be broadened to include pro bono legal work. It further submits that any legal practitioner who undertakes at least two hours of pro bono legal work per year should be able to claim one CPD unit for this activity.

The submission discusses pro bono and other voluntary contributions that the legal profession currently makes.

The Centre was invited to make submission to the Senate Legal and Constitutional Legislation Committee into the Migration Litigation Reform Bill 2005.The submission emphasises that the proposed reforms have a real potential to act as a strong deterrent for members of the legal profession to undertake pro bono work in this difficult area of law.

The Centre submitted that there is a need for greater coordination between CLCs and pro bono service providers, and to raise awareness of the opportunities that exist to work together.

This submission to the Government Lawyers Committee of the Law Institute of Victoria suggests that developing and supporting pro bono work by government lawyers and agencies should be part of the role and functions of the Committee.

This submission comments on a number of the recommendations in the Strategy Paper and makes suggestions for additional action by government in a range of pro bono related areas.

This submission recommends the Directions be amended to incorporate all aspects of the Protocol developed by the Centre to deal with the problem of perceived commercial conflict of interest deterring lawyers from taking on pro bono work against the government.

The Centre made a submission to the Senate Legal and Constitutional References Committee’s Inquiry into Legal Aid and Access to Justice. It comments on the importance of pro bono service delivery as a mechanism for facilitating access to justice for low income and disadvantaged people. The Terms of Reference and other Submissions to the Inquiry can be found here.

At the request of the Federal Court, the Centre has commented on a proposed rule change. The possible rule is designed to ensure that the Court knows the identity of a legal practitioner who has prepared a document used in Court proceedings by an otherwise unrepresented litigant.