Question On Notice No. 822 asked in the Legislative Council on 11 August 2022 by Hon Nick Goiran
Question Directed to the: Parliamentary Secretary representing the Attorney General
Parliament: 41 Session: 1
Question
I refer to the Legal Profession Uniform Law Australian
Solicitors’ Conduct Amendment (No. 2) Rules 2022, and I ask:
(a) what
was the catalyst for bringing about these amendments to the rules;
(b) who
was consulted prior to these amendment rules being finalised;
(c) did
any person consulted raise any concerns;
(d) if
yes to (c), what were these concerns;
(e) have
the finalised amendment rules addressed these concerns; and
(f) if
no to (e), why not?
Answered on 21 September 2022
(a) The Legal Profession Uniform Law Australian Solicitors' Conduct Amendment (No. 2) Rules 2022 amend the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 by repealing rule 38 and reinstating the version of rule 38 that was in force immediately prior to 1 April 2022. This was as a result of concerns raised by the Federal Circuit and Family Court with the amendments made to rule 38 in the Legal Profession Uniform Law Australian Solicitors' Conduct Amendment Rules 2022, which increased restrictions on the ability of returning judicial officers to accept or retain a brief of instruction to appear before a court of which they were formerly a judge or a court from which appeals lie to the court of which they were formerly a judge.
(b) It is understood the Legal Services Council made the Legal Profession Uniform Law Australian Solicitors' Conduct Amendment (No. 2) Rules 2022 following consultation with the Federal Circuit and Family Court of Australia, the Law Council of Australia and the Australian Bar Association, in accordance with section 430(3) of the Legal Profession Uniform Law.
(c) No.
(d) - (f) Not applicable.