President's Message - Alex Lazarevich

It is a privilege to serve as the President of the Law Society of South Australia. The Law Society has a proud tradition of advocacy on behalf the legal profession, and I am committed to continuing the dedicated work of my predecessors in supporting the profession and upholding the rule of law. My key aims for the year include:  Enhancing relationships with Government and other stakeholders; Providing high quality submissions to stakeholders to ensure new laws and regulations are sound, effective and fair. Contributing to legal reforms and justice initiatives that strengthen and empower indigenous communities. Reducing the prohibitive costs of resolving building disputes through advocating for a specialist Building Tribunal. Helping the legal profession comply with new money laundering regimes that are likely to come into effect in 2024. Continuing the good work of my predecessors in encouraging diversity in, and reducing discrimination and harassment in the profession.

I am keenly aware of the need to be responsive to various issues and developments that will arise throughout the year.

Some of those, no doubt, will come as a surprise. Ones I might predict include: cyber security; the opportunities and risks associated with artificial intelligence; the merits of a proposed national profession and potential Free Trade Agreement with the United Kingdom; and the Royal Commission into Domestic, Family and Sexual Violence.

Parliament might not always agree with recommendations the Society makes, but it is hoped that given the skills and experience of those in the profession who deal with the legal system day in day out, that the recommendations are respected, and viewed as being helpful to good decision-making.

The Law Society will also be proactively advocating for law reform and investment in a number of areas, many of which will be included in the Society’s State Budget submission.

ABORIGINAL JUSTICE

The landmark Deaths in Custody Royal Commission report was released more than 30 years ago, and the Closing the Gap strategy was launched 15 years ago, but the social-economic, health and criminalisation disparities between Aboriginal and non Aboriginal people remain shockingly wide.

While there have been several positive initiatives in recent times by successive Governments, in the Society’s view a great deal more should be done within the justice sector to reduce Indigenous incarceration rates and reduce Indigenous children being removed from their families.

The Society will continue to advocate for important legal reforms and increased investment in programs that prioritise self-determination and are designed to steer at risk Aboriginal people away from the justice system.

During this year I intend to support Indigenous leaders in their advocacy of Aboriginal justice issues. It is important that members of the Aboriginal community are empowered to address the issues affecting their own communities. This is why I am also eager to investigate ways to increase Indigenous representation in the legal profession.

The National Profile of Solicitors revealed that (as of 30 June 2022) only 22 South Australians practitioners identified as Aboriginal or Torres Strait Islander, making up 0.6% of the profession. South Australia has the lowest proportion of Indigenous lawyers in Australia.

I believe the profession and the Aboriginal community would significantly benefit from an increase in Indigenous lawyers with knowledge of and connection to Indigenous customs and culture. The Society should proactively encourage opportunities within the profession to help indigenous students make the leap from University study to practice in the profession.

Indigenous Corporations may also benefit from greater involvement with members of the profession in advising their Boards.

BUILDING DISPUTES

Quite often, the cost of court disputes about building defects exceeds the cost of remediating the defects.

I intend to promote a Building Tribunal as an alternative to domestic building disputes being heard in the courts.

A house is one of the most substantial investments private citizens are likely to make in their lifetimes. Disputes with builders, often over defective work tend to involve both sides of a dispute engaging experts to prepare reports on alleged defects.

Three to five years later the parties will have spent more than the value of the defective work arguing about it, in a court process that often feels more like a war of financial attrition rather than a quick adjudication process. There is no logical need for such disputes to cost so much and take so much time.

Other states have regimes for work orders to be promptly made, and if disputed to be resolved promptly by a tribunal. I consider that both builders and home owners will benefit from a more cost effective and timely dispute resolution scheme.

NEW REGULATORY REQUIREMENTS

The Federal Government is developing anti-money laundering and counter-terrorism financing laws which, if implemented, would require legal professionals to report suspicious transactions.

The proposed law will give rise to issues of legal professional privilege and the imposition of significant compliance costs on the profession.

While the Law Council of Australia, and Law Societies across Australia have warned the Government about the regulatory burden that these regimes will impose on the legal profession, it is imperative that the profession is prepared for the likely establishment of new anti money laundering and counter terrorism obligations.

In my term as President I am committed to working with the Law Society, Law Council and other stakeholders to develop resources to help the profession meet any new regulatory obligations as seamlessly as possible.

IMPORTANT LEGAL DEVELOPMENTS

I am conscious of the need to be adaptive to the issues that will arise during the year and respond accordingly.

For example, the Society is committed to assisting the Royal Commission into Domestic, Family and Sexual Violence in whichever way it can, and we are already in the process of devising submissions which I hope will contribute constructively to the inquiry.

Another issue which the Law Society will take an active interest in this year is the State Parliamentary inquiry into a Human Rights Act.

Immediate Past President James Marsh, and several other organisations such as the Rights Resource Network SA, SACOSS and Australian Lawyers for Human Rights, have advocated strongly for the implementation of a Human Rights Act in SA, and it is encouraging that Parliament has seen fit to consider this issue seriously and investigate it. One of the key objectives of the Law Society is to defend people’s rights and freedoms and uphold the rule of law.

Finally, the Law Society will continue to provide services to Members. These include, the provision of resources, advice and support to help practitioners excel in their careers and to foster a sense of belonging, camaraderie, and shared purpose among the profession.

I look forward to a busy and productive year ahead and encourage Members to contact me via email, president@lawsocietysa.asn.au, to discuss any issues of interest or concern.