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Early Closure - Friday, 16 February 2018
Please be advised that the Society will be closing at 4:30pm on Friday, 16 February 2018 due to road closures associated with the Fringe Opening Night Street Party. The Society will resume its usual trading hours as of 9:00am on Monday, 19 February 2018.
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Commencement of amendments to the Legal Practitioners Act 1981 (SA)
The Society informs Members of the commencement of two amendments to the Legal Practitioners Act 1981 (SA) (“the Act”) contained in sections 11 and 12 of the Statutes Amendment (Attorney-General’s Portfolio No 3) Act 2017 (SA). These amendments will come into operation on 1 March 2018.
Definition of corresponding law
The first amendment is in relation to the definition of ‘corresponding law’ in section 5 of the Act. The existing definition requires a proclamation to declare the corresponding law of another State each time its relevant legislation relating to the regulation of legal practitioners changes. Section 5(1) of the Act has been amended to adopt the definition provided by the Model Legal Profession Bill; ‘corresponding law’ will mean the following:
a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;
b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction, a previous law applying to legal practice in the other jurisdiction.
Conditional costs agreements in proceedings under the Migration Act 1954
The second amendment, being repeal of clause 25(2)(c)(ii), permits the use of conditional costs agreements in proceedings under the Migration Act 1954 (Cth), but not the inclusion of an uplift fee. The Society endorsed the submission of JusticeNet SA in 2016 calling for the clause to be repealed, on the basis that allowing conditional cost agreements in migration matters would help to facilitate access to justice by encouraging legal practitioners to provide pro bono legal assistance in meritorious matters, thereby enabling clients to access legal assistance.
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Regulations gazetted on Tuesday, 13 February 2018
Please click here to view of a copy of the South Australian Government Gazette of the above date.
Changes to Court Fees
Regulations gazetted on 13 February 2018 set out changes to court fees (including new schedules of fees), effective 13 February 2018:
- Supreme Court Regulations (No 32 of 2018) (page 748 of the Gazette).
- District Court Act 1991 (No 33 of 2018) (page 756)
- Magistrates Court Act (no 34 of 2018) (Page 762)
- Youth Court Act 1993 (No 35 of 2018) (page 765)
Other
- Correctional Services Act 1982 - (No. 38 of 2018) (page 772)
- Criminal Law (High Risk Offenders) Act 2015 - (No. 39 of 2018) (page 774)
- Police Act 1998 - (No. 40 of 2018) ((page 776)
- Young Offenders Act 1993 - (No. 41 of 2018) (page 778)
- Education Act 1972 - (No. 42 of 2018) (page 780)
- Local Government Act 1999 - (No. 43 of 2018) (page 782)
- Criminal Assets Confiscation Act 2005 - (No. 44 of 2018)(page 785)
- Children and Young People (Safety) Act 2017 - (No. 45 of 2018) (page 787)
- Road Traffic Act 1961 - (No. 46 of 2018) (page 790)
- Health Practitioner Regulation National Law (South Australia) Act 2010 - (No. 47 of 2018) (page 797) / (No. 48 of 2018) (page 800)
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Amendment No 65 - Magistrates Court Rules 1992
Amendment No 65 of the Magistrates Court Rules 1992, gazetted on Tuesday (page 807 of the Gazette) includes new Rules or changed Rules in relation to:
- election for trial in Superior Court
- pre-committal
- committal proceedings
- written plea of guilty where information laid
- protection of identity of alleged victims of sexual offences in committal proceedings
as well as other miscellaneous changes to the Rules and to Forms.
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Youth Court Practice Direction 1 of 2018
On 13 February 2018, the Youth Court of South Australia issued Practice Direction No. 1 of 2018 advising that surrogacy fees are to be charged at the same amount as adoption fees.
Please click here to view the Practice Direction.
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Family Law Amendment (2018 Measures No. 1) Rules 2018
Please click here to view a copy of the Family Law Amendment (2018 Measures No. 1) Rules 2018, which have been signed by a majority of judicial officers and registered.
The amendments are to commence on 1 March 2018.
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Updated Federal Circuit Court Migration Application
The Federal Circuit Court’s Migration Application has been updated to reflect the name change from the Minister for Immigration and Border Protection to the Minister for Home Affairs. Similarly, the name of the Department has been changed to the Department of Home Affairs.
The updated form will be available on the Federal Circuit Court's website.
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State Government Smoke-Free Prisons Initiative
In a step towards improving the health and safety of both prisoners and staff who work in prison environments, the State Government has tasked a Steering Committee to fully plan and execute a policy to implement smoke-free status across all South Australian prison sites by the end of 2019.
For additional information on the initiative, please visit the Department for Correctional Services' website here.
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Special Sitting for Deputy President Judge Kelly
Friday, 16 February 2018 at 9:00am in Courtroom 1, South Australian Employment Tribunal
Please be reminded that a Special Sitting of the South Australian Employment Tribunal will be held on 16 February 2018 to welcome Deputy President Judge Margaret Kelly. The Society's President, Tim Mellor will speak on behalf of the Society. Members of the profession are invited to attend the Special Sitting; a small number of seats will be available.
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Claims Committee – Expressions of Interest invited
Members are invited to express an interest in being appointed to the Society’s Claims Committee.
This Panel is required to be maintained by paragraph 5.3 of the Master Policy of the SA Legal Practitioners Profession Indemnity Insurance Scheme, in order to consider and advise on claims made against legal practitioners in connection with the practitioner’s legal practice. The Master Policy requires that the Committee be comprised of a representative of the insurers and other persons agreed between the Society and the Insurers.
Members are obliged to act impartially and in the interests of all insured practitioners. Members are also under a duty of confidence to insured legal practitioners and shall not disclose information about any insured without the consent of the insured, save and except in circumstances set out in cl.5.5 of the Master Policy. A copy of the structure and Terms of Reference of this Committee and the Master Policy can be obtained upon request from Jodie James at Law Claims (Phone: 8410 7677 E: jjames@lawclaims.com.au).
The terms of appointment for current members of the Committee end in April 2018.
Several position are available. Several current members of the Committee have already expressed an interest in being re-appointed but other members are not seeking re-appointment. All appointments are for a term of four years with Members being eligible to be re-appointed but the Committee is also to be reviewed bi-annually, so expressions of interest for a lesser term than four years will be considered.
Most of the matters considered by Claims Committee involve complex issues and significant claims, across a diverse range of practice areas but expressions of interest are particularly sought from experienced solicitors and barristers in the following fields of law:
- Commercial and/or Commercial Litigation;
- Wills & Estates/Succession Law;
- Family Law
Experience in Insurance Law, and in particular Professional Indemnity Insurance will also be an advantage.
Members who would like to contribute to the work of the Claims Committee and to assist generally with the management of the SA Legal Practitioners Professional Indemnity Scheme are invited to express an interest in being appointed to the Claims Committee. To do so, please write to Jodie James at Law Claims (E: jjames@lawclaims.com.au) by COB on Friday 16 February 2018 to advise your interest in being appointed, providing your C.V.
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Think of the Society First for your Professional Development Needs
With the Society’s Forum now underway and the Country Conference to commence tomorrow (at Robe), we urge Members to think of the Law Society first when considering their professional development needs. This is a wonderful opportunity to network with other members and a convenient and cost-effective way to obtain your final units for MCPD compliance this year.
The revenue generated by CPD registrations is used to fund services for our Members, keep membership subscriptions as low as we can and fund the advocacy activities we undertake on your behalf – unlike CPD sessions conducted by other providers which are purely profit driven for the benefit of the proprietors of those businesses.
Other benefits of the Law Society’s CPD programme include:
- Our CPD events are consistently of high quality with presenters who are authorities in their field;
- Our registration fees are very competitive;
- We run sessions weekly and at times convenient for our Members;
- Nearly all weekly sessions can be attended remotely via webinar.
Whether it be attending or presenting at a CPD session, we encourage you to support your own Society program in preference to that of a competitor.
There are several highly informative CPD seminars, conferences and workshops coming up in the near future which we urge you to consider attending. Visit the CPD page on the Society's website here. |
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Legislation Update
Each week we bring you a list of recent South Australian Acts, Regulations, Bills & Proclamations and Commonwealth Acts, Legislative Instruments & Bills, current this week to 14 February 2018.
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The next "Coffee Break" - For Sole Practitioners and Practitioners from Small Firms
In the City, Northern Suburbs, Western Suburbs & Adelaide Hills
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Northern Suburb Members
Wednesday, 7 March 2018
8.00am - Coffee Amigo
(36 John Street, Salisbury)
Committee Member Host: Bill Morris (Northside Lawyers)
Western Suburb Members
Wednesday, 7 March 2018
8.00am - Swedish Tarts
(22/330 Seaview Road, Henley Beach)
Committee Member Host: Barnaby Grant (Lee & Partners)
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Adelaide Hills Members
Wednesday, 7 March 2018
8:00am - Gawler Street Cafe
(46 Gawler St, Mt Barker)
Member Host: Jenny Matthews (Matthews Lawyers)
City Members
Wednesday, 7 March 2018
11am - Biga Panificio
(200 Hutt Street, Adelaide - North East corner of Hutt St & Halifax St)
Committee Member Host: David Barnfield
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Major Sponsor of the Law Society
Law Society Members receive access to discounted home loan and everyday banking package.
Jarrad Cooper
Business Development Manager
M:0466 497 303
E: jarrad.cooper@banksa.com.au
The Society receives sponsorship money and commission on some products from BankSA which is a division of Westpac Banking Corporation.
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The Law Society's CPD Program, conducted by the profession, for the profession, is open for registrations. The program delivers content that is relevant and responsive to developments in the law and legal practice in South Australia.
To view the full program and details, please visit our website
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Papers and recordings from past CPD events can be purchased and viewed online here.
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An invitation to have your say
Current to 15 February 2018
Review of the Return to Work Act
Received from the Hon John Mansfield AM QC on 17 January 2018
Referred to the Accident Compensation, Industrial Law, Justice Access and Costs Committees
Comments required by 20 February 2018
Closing the Gap Refresh
Received from the Law Council of Australia on 21 December 2017
Referred to the Aboriginal Issues Committee
Comments required by 6 March 2018
Any Member wishing to contribute to the responses by the Society in relation to the above invitations is invited to do so by sending an email to the Policy Coordinator, Anna Finizio.
Submissions Made
Submissions lodged by the Society can be viewed here.
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Featured Jobs
Lynch Meyer Lawyers - Corporate and Commercial Partner
Lynch Meyer Lawyers is a leading Adelaide commercial law firm, offering a full range of corporate and commercial services for small-to-medium enterprises, large corporations and not-for-profit organisations.
An exciting opportunity exists for a Partner to join their expanding Corporate and Commercial practice.
The role is wide-ranging with a focus on:
- Corporate and Commercial law.
- Sales, acquisitions and other business transactions.
- Tax and superannuation.
Please click here to view the Career Centre job listing which includes further information about the applicant and how to apply.
Grope Hamilton Lawyers - Partner or Consultant
Grope Hamilton Lawyers is a long established, well respected, boutique firm practicing in the CBD, Adelaide. Established in 1983 by Mark Hamilton and Peter Grope.
Grope Hamilton Lawyers seeks expressions of interest from experienced lawyers interested in joining the firm in a non-capital profit sharing or consultant capacity.
These opportunities would suit experienced lawyers with existing client bases who wish to work autonomously within a professional, structured, fully serviced, environment. For example; sole practitioners or small partnerships who would like to improve earnings by amortizing overheads or partners of other law firms who would like to work as their “own boss” in a more personal, less pressured, fully managed environment.
Please click here to view the Career Centre job listing which includes further information about the applicant and how to apply.
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Jobs SA - South Australian Government Legal Vacancies
STEP UP TO THE BAR PROGRAM - Courts Administration Authority
UNIT MANAGER, LEGISLATION - Planning, Transport and Infrastructure
LEGAL OFFICER - Independent Commissioner Against Corruption
ASO-6 MEDIATOR - Police
SENIOR POLICY ADVISER - REGULATORY REFORM PROJECTS - Environment Protection Authority
REGIONAL MANAGER -RIVERLAND & MURRAYLANDS - TAFE SA
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Latest Law Society Wine Offers
The Law Society of South Australia does not encourage or condone excessive consumption of alcohol
Planning a wedding, birthday party or other celebration and need wine for the event ?
Discounted wine packages are available through Wine Direct
Wine Direct is the preferred wine supplier of the Law Society of SA. Our wine broker Ali Kerr is available to assist curate heavily discounted wine packages for LSSA members planning to entertain, whether it be a personal celebration such as a wedding, birthday party or other special event or a corporate function, no matter how small or large. Ali is experienced in food and wine matching and can advise and recommend wine to suit your palate and your budget. Contact Ali on ali.kerr@winedirect.com.au or 0418 831 596.
New to Wine Direct, or wanting to view their latest offerings ? Click here for more information.
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Frequent Values
This month’s Frequent Values newsletter contains exciting new offers. We have put together some great offers for all of you wishing to get out and about in this glorious sunshine.
Whether it is simply strolling around the park in new active wear, health eating or early morning gym sessions there is something for everyone.
You can book a date at one of the many restaurants in the program, all offering 20% off the bill up to $25.
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Woolworths WISH eGift Cards
As a Law Society Member you can save 5% on your groceries, petrol and more! The WISH eGift Card is the one card that provides savings from all your favourite brands.
To redeem this offer please click here.
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2018 Mock Trial Competition
Coaches and Mock Judges Required
The Law Society of South Australia is once again coordinating the Mock Trial Competition for South Australian secondary schools in 2018, sponsored by the Law Foundation of South Australia. The Society is seeking expressions of interest from our Members who could volunteer their time for the benefit of senior secondary students as a Coach or to Judge the Mock Trials. Coaching has an upper limit of three hours per round and can be done in person or by conference call. We hope many Members will make themselves available again this year for this lively and worthwhile competition.
The Coach registration form can be found here. The Judge registration form can be found here.
If you would like further information, the Mock Trial Committee will be hosting an information evening on Monday 19 February at 5pm at the Law Society. Please contact Amelia Garreffa on 8229 0264 or via email for more information or to register your attendance.
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2018 Law Society of South Australia Diary and Directory
Limited stock remaining - Order one today!
The Law Society of South Australia is now taking orders for the 2018 Law Society Diary & Directory. This will be the final hardcopy Diary and Directory that the Society will produce, with online alternatives being explored for the future.
For more information or if you would like to order your diary now, please visit the online store or download an order form. Be quick as stock is limited and orders are subject to availability!
The diary is a week-to-an-opening layout and spiral bound so it lies flat each time you open it.
The 2018 Directory lists contact details for South Australian:
- City Firms & Country Firms
- Barristers & Chambers
The 2018 Directory also includes information on:
- Federal Courts, Commissions and Tribunals
- South Australian Courts, Tribunals & Boards
The diary also includes a CPD Record so you can keep track of your CPD units for the year.
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Do You Qualify for a Grant?
The Law Foundation of South Australia Incorporated is Inviting Applications for Grants.
Established in June 1985 as a non-profit organisation, a major function of the Foundation will be the making of GRANTS to persons and/or bodies who are taking part or wish to take part in activities consistent with the Foundation’s objectives.
Its objectives include:
- the support of legal research which is of value in law reform,
- the promotion and provision of legal education and information for legal practitioners, students and members of the public,
- the promotion of community education in law and the legal system,
- the provision of legal services to the community.
The Foundation is chaired by a Supreme Court judge and is comprised of members representing the public, the Law Society of South Australia and the Law Faculties of the University of Adelaide, Flinders University and University of South Australia.
The Foundation may attach conditions to grants where appropriate.
Information and guidelines for applications are available here
Please send applications and enquiries to:
The Executive Officer
Law Foundation of South Australia Incorporated
Level 1, 180 Greenhill Road PARKSIDE SA 5063
or PO Box 6381, Halifax Street ADELAIDE SA 5000
Ph: 0429 266 611
Applications close 31 March 2018
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LAWASIA 7th Family Law and Children's Rights Conference
The Crowne Plaza Hotel, Samenthai Road, Vientiane, Laos
LAWASIA will hold its 7th Family Law and Children's RIghts Conference from 6 to 8 June 2018 with an aim to bring together a multi-disciplinary stream involving legal practitioners, academics, NGO's government organisations and mental health professionals from the Asia-Pacific and beyond.
The tentative Conference program will cover topics such as Trafficking of the Vulnerable; Surrogacy and Ethical Challenges; Impact of Social Media on Family Law; Support for Families and Children in Distress; Effective Negotiations and Understand the Client, the Lawyers and the Child; Technology in Family Law Practice; Challenged in International Family Law and Hague Convention; The Protection of Vulnerable Members of the Family; Estrangement and Alienation and Future World - Family Law in the Next Decade.
To register an expression of interest and be kept updated on the details of the Conference please click here.
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Serviced Office
75 Gouger Street, Adelaide
Dadds Jandy Lawyers have a spare serviced office available at competitive rates in the heart of the legal precinct. This is a large room overlooking Gouger Street. Service fees include internet access, use of multi function printer and meeting rooms, air conditioning, telephone and reception services.
Please call Amy Hadley in the first instance on 82310011 or via email to arrange a tour and discuss rates. |
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Office Space Available
Street level city accommodation in a free standing building to share with sole practitioners. All facilities included. One office is available and possibly a second. Car parking for each tenant. Close to Victoria Square court precinct and even closer to excellent coffee/food establishments. Very affordable rent. Please direct any enquiries to Elizabeth Rollings of the Society's staff on 8229 0200 or email. |
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Heather Kinner
Would any person or firm holding or knowing the whereabouts of a Will or other testamentary document of HEATHER JUNE KINNER late of Unit 7, No 3 Darwin Street, Glenelg North 5045 deceased who died on 25 January 2018 please contact John Cronshaw on 8125 7000 or jc@rossilegal.com.au.
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