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  • Spent conviction scheme should be introduced in Vic, says LIV President

    Spent conviction scheme should be introduced in Vic, says LIV President

    The Law Institute of Victoria claims that other states have created their own spent conviction scheme; hence the state government of Victoria should do the same.

    Convictions covered

    Offences that can be considered as minor include charges such as fraudulent use of a state transit concession card, possession of cannabis or shoplifting.

    The main objective of this scheme is to allow people with minor offences to get their names cleared off from the criminal records.

    For a person to be qualified or be eligible for the scheme, then they must have spent a number of years in a recreational facility. In addition, the individual should not have committed another offence during the waiting period.

    Here are the conditions that cover convictions for a State offence:

    • A regulatory or stator exclusion does not apply;
    • The individual has not committed another offence during the 10-year waiting period;
    • The offender wasn’t sentenced to imprisonment for a period exceeding 30 months;
    • It has been 10 years from the date of the conviction

    Take note that the scheme also applies to convictions that have been pardoned or set aside under Part VIIC of the Crimes Act 1914.

    Other states have reported that since they introduced the scheme, it has helped offenders participate fully in the community by finding new employment opportunities.

    “I believe that the time has come for Victoria to introduce such a positive scheme, just like the rest of Australia,” said LIV president Belinda Wilson.

    Ms Wilson added that many Victorians have been exposed to discrimination which has undermined their ability to fully participate in the society’s activities. The reason behind this is because there is lack of a formal spent convictions scheme for Vic as a state.

    Ms Wilson made it clear that she was not against the initial punishment imposed for a proven offence. But her main issue with the state government of Victoria is that they prevent an offender from reintegrating and rehabilitating into society even after serving their punishment.

    Ms Wilson said that charges removed under the scheme would relate to behaviour that occurred during a phase of a person’s life, mental health issues, a period of difficulty, or during a lapse of judgment that they have moved on from by the time they appear before the court.

    The LIV president said that it was sad to see that in Victoria, all crimes will still show up on an offender’s record, even in cases of non-conviction. In worst cases, you will also find pending cases still appearing on an individual’s record, even if they have not yet been found guilty.

    She also urged the state government of Victoria to change the fact whereby police in Victoria have the discretion to choose which parts of an individual’s criminal record appears on their criminal check.

  • Lawyers Have Been Urged to Avoid Anxiety and Depression

    Lawyers Have Been Urged to Avoid Anxiety and Depression

    The problem is urgent for many lawyers especially the ones who work on tedious cases. Unlike the general public, lawyers are three times more likely to suffer severe anxiety or depression.

    Experts say that the main cause of depression among lawyers is because they always strive to be perfect. Many lawyers often think that they were careless with something or they didn’t work hard enough. Slowly, they start practicing perfectionism which later results in depression when things don’t go as expected or planned.

    The worst case is the fact that perfectionism transforms into a feeling that everything is not all right. Hence, it should not be taken to the extreme. Some lawyers think that they are expected to predict the future and solve every problem that comes their way. Well, that’s not right because this only leads to more problems.

    “Lawyers should take note that mental health disorders can profoundly affect their daily functioning,” said Mr. Alexander McKenzie, a young practitioner from Burnie in Tasmania. There are many side-effects of anxiety and depression, including muscle tension, fatigue, sweating, heart palpitations, sleep disturbances, a sense of impending danger and worry, difficulty concentrating, feelings of inadequacy, obsessive thoughts, and irritability.

    In worst scenarios, some lawyers go to the extent of self-medicating themselves with hard drugs and alcohol. Others withdraw from family, friends, and peers. Some attorney may assume that this is a normal feeling, but it isn’t. They should quickly look for effective ways to stay away from depression and anxiety.

    Avoiding Depression

    Yes, depression can be easily avoided only if the victim agrees to stay disciplined and implement effective measures that will keep them mentally strong. Here are some of the best ways to avoid anxiety or depression:

     

    1. Have easy, regular conversations with clients

    I understand that it is important to put your clients’ satisfaction ahead, but you should be keen not to overdo it. The good news is that there are proven tactics that lawyers can implement to avoid anxiety and depression. One of them is having easy, regular conversations with clients.

     

    1. Learn what triggers your anxiety

    You can easily deal with anxiety and depression when you learn and understand what triggers them. Is it school, family, work or something that you can identify? Learning what triggers your anxiety is the first step towards fighting depression.

     

    1. Embrace and maintain a positive attitude

    A positive attitude is very crucial when it comes to staying mentally strong and avoiding depression. Don’t let negative thoughts dominate your mind. Know when it is the right time to say ‘no’ and create those boundaries for those who try to bring you down.

     

    1. Take deep breaths and meditate regularly

    Inhale and exhale deeply whenever you feel stressed or nervous. Do this for at least 10 minutes every day. Meditation is key to a strong mental health.

     

    1. Get enough sleep

    I believe you have heard about this somewhere else or during one of those personal development talks. Yes, sleep is essential for a healthy lifestyle and everyone should get at least 8 hours of sleep, including lawyers.

     

    1. Eat well-balanced diets

    What you eat determines your overall health and that includes our mental health. Eating a well-balanced diet gives you all the nutrients you need to stay mentally strong and healthy.

     

    1. Exercise regularly

    Exercise is what you need in order to keep the blood pumping and also keep unnecessary diseases at bay. Exercise can help you maintain a healthy lifestyle and make you feel good all the time.

  • Government Announced New Changes to Australian Citizenship Laws

    Government Announced New Changes to Australian Citizenship Laws

    Migrants will face tough new questions on cultural values under a major shake-up of Australia’s Citizenship test.

    “New migrants must prove their commitment to the nation and embrace Australian values,” declared Prime Minister Malcolm Turnbull.

    Some of the key factors that will be considered regarding the new laws include:

    • Increasing the application process for permanent residents’ eligibility for citizenship to four years
    • Introduce more components for English language test
    • Banning of migrants with a history of organised crime or family violence

    Mr Turnbull explained that the reason for tightening the test was to ensure that the nation did not harbour criminals.

    Although Labour described the new laws as satisfaction to the right wing of the Liberal Party, the opposition leader Bill Shorten said many of the questions were reasonable.

    The new laws will see migrants undergo tougher citizenship test which will assess their attitudes to gender equality and religious freedom, while observing their commitment to Australia.

    Applicants must demonstrate how they have integrated into the Australian community by showing proof that their children are getting better education, by providing evidence that they are employed or even by joining clubs.

    Also, the government may deny citizenship to applicants who have a history of organised crime or domestic violence.

    More components will be added to the English language test in order to assess the applicants’ listening, writing and reading skills.

    Instead of the current one year wait, migrants who are granted to be permanent residents will have to wait four years before applying for Australian citizenship. Indeed, this shows how the new laws have been tightened for screening new migrants.

    Not as if that is enough – an applicant will have to wait another two years to apply for citizenship if they fail the test three times.

    Those who plan to apply for citizenship may be subjected to the new rules if the coalition manages to pass the changes through Parliament.

    Minor offences such as domestic abuse and social welfare fraud, and others that are not consistent with Australian values would be looked at more deeply through the new test.

    The new test will also include questions focusing on religious issues. The questions will be carefully designed in such a way that they show appreciation of Australian values.

    Some of the potential questions that are expected to be asked include whether the principle of religious freedom allowed for prohibiting girls from school, abusing a spouse, genital mutilation and children to marry.

    The decision to update the Citizenship laws was arrived at due to the current global threat of terrorism. The main reason why the changes were made was to strengthen the commitment to Australian values and support democracy.

    “The Australian community needs to put effective measures in place in order to combat the recent terrorist attacks around the globe,” said the Australian Prime Minister.

    He added that this was the best time for Australia to reaffirm its increasing commitment to shared values, opportunity and democracy.

    Therefore, aspiring citizens must demonstrate their allegiance to the nation’s values and be ready to positively contribute to the Australian community.

  • In-house counsel gives her advice on how to excel the corporate ladder

    In-house counsel gives her advice on how to excel the corporate ladder

    Often times, in-house lawyers come across complex hurdles that prevent them from steering ahead.

    During our interview with a few in-house professionals, we managed to collect some tangible facts that explained what the legal professionals are currently undergoing and how they manage to overcome those obstacles.

    There’s one in-house partner that says she has had an excellent fit where she decided to chip into the technology and business sector. She claims that at first, she was interested in the legal practice and advocacy sector. But later on, she lost interest in the advocacy role and decided to follow the partnership and more friendly litigation practices.

    There are many things that one can do with the undergraduate degree in Law. “All my life, I had always imagined myself working in the High Court or Supreme Court,” said Ms. Sophie, while speaking to Aussie Lawyer Blog. She says that the position has provided a healthy working environment for her. The most exciting part is that she has held the position for more than 15 years while serving at different companies.

    She went ahead to tell us some of the challenges she encountered while working as an in-house counsel at various companies. Her advice to the aspiring legal professionals is that they should determine what they want to do and which companies they want to work for. Most important, they should ensure that they fit well into the positions they may be offered at those companies. “If you feel that you won’t be comfortable where you’re being offered a job post, then simply shy away from the offer,” said Ms. Sophie.

    She added that one of the greatest hurdles she faced was when she had to decide what was good for her and who she really wanted to be. It is advisable for young lawyers to be proactive and focused because there are different avenues where one may go down.

    She added that she had to go through a lot of drawbacks given her status as a woman in the corporate sector.

    Ms. Sophie said that it was unfair to rate women in terms of their gender rather than concentrate on what they have accomplished. She said that there is more work to be done in order to ensure that there is no unconscious bias.

    Another case where women are judged based on their gender is during the hiring process. She strongly believes that the potential that one has to accomplish things can’t be assumed just because of their gender.

    Ms. Sophie said that there is more room to be explored in the corporate sector by women.

    “I began to develop a strong interest in understanding how unconscious bias influences things in the company life,” said Ms. Sophie.

    In fact, she had an awesome advice for lawyers looking forward to scaling up the in-house ladder.

    She said that companies are in search of in-house lawyers who can focus on the business aspects of a risk decision, and not just the risk aspects. They should understand the risk-rewarding continuum and can connect a company’s strategy to the thrust and cut of day-to-day legal operations.

  • Junior lawyers have been urged to be proactive for them to stand out

    Junior lawyers have been urged to be proactive for them to stand out

    The Australian legal market is increasingly becoming competitive every day. Hence, junior lawyers should be ready to stand out from the crowd in order to attract prospective employers.

    “Lawyers should think of things that will make law firms want to hire them. Things that prove they can add value to businesses across all industries. Nowadays, employers are more mindful when recruiting law graduates because they are in search of the most useful person to join their team,” said Nick Deligiannis, managing director of Hays, with offices in New Zealand and Australia.

    This year, many law firms have indicated that they plan to expand their legal team. However, this doesn’t mean that it will be easy to land new jobs. It is recommendable that you sharpen your skills first before you apply for a new job.

    As a job seeker, you should ensure that you arm yourself with the right cultural fit along with necessary soft and technical skills. Hence, this clearly sends a message to all junior lawyers that employers won’t tolerate candidates who fail to meet the required criteria.

    Once employers spot the right candidate, they go ahead and offer them relevant job posts. Whether it’s a permanent or temporary position, employers often move quickly to secure the right person.

    Honesty and loyalty is another important factor that many firms consider before they recruit an employee. In fact, legal professionals should consider embracing honesty for them to stand out from other prospective legal experts.

    In addition, you must match 100 per cent of a job’s requirements for prospective employers to hire you. Mr Deligiannis added that lawyers ask themselves whether they are equipped with experience and relevant skills that match those in a job’s requirements.

    Better still, you can nourish your skills by joining programs that offer productive opportunities. You will be surprised to discover how employers move swiftly once they spot suitable and highly skilled candidates.

    It is advisable that new lawyers should regularly update their online profiles and CV. This process gives them the chance to identify an accurate representation of the value you offer. You can easily monitor the progression of your successes, responsibilities and skills by regularly updating your CV.

    This way, graduates will always be ready to apply for their dream jobs if there are relevant job vacancies.

    Make it a priority to convince legal project managers that you are the right fit for the given position and that you are capable of producing positive results. You should consider adding quantifiable results and achievements when updating your CV.

    New graduates should also have a unique selling proposition (USP) that puts them in a strategic position for employers to find them easily.

    Mr Deligiannis called upon all new law graduates to polish their personal value, experience, skills, and strengths before they approach an employer.

  • Aussie lawyers should take note of the Prospective African Market

    Aussie lawyers should take note of the Prospective African Market

    Australian law firms are now increasing their wings to cover parts of Africa including Johannesburg and Cape Town.

    “Investors in Africa are looking for best quality legal advice and services that will help them thrive in their businesses,” said Perth lawyer Meredith Campion.

    In fact, “I have spent most of my practising years advising resources operators, mining experts and investors in Africa,” said Meredith Campion.

    She says that most of her work involves economically and politically sensitive projects. Her job entails advising on key deals in the South African region and helping investors decide on the best measures to take.

    She adds that in order to perform her tasks effectively, she has to work closely with Allen & Overy’s sister office in Johannesburg.

    After returning from her conference with African investors interested in the resources and energy sector in South Africa, Ms Campion spoke with Aussie Lawyer Blog.

    “I have noted that commodity prices are showing signs of gradual recovery and slow M&A activity in Africa has started to pick up again,” said Ms Campion. She added that in the past five to 10 years, the sector has certainly risen and fallen.

    She said that in the recent past, the industry went through a period full of debts. The reason behind this is because various factors contributed towards the shaking of M&A in the region’s resources and energy sector.

    Ms Campion added that the market grew fast and it was flushed with rock-bottom commodity prices and chronic oversupply, while at the same time, great economies like China went through slow growth.

    However, this soon changed because the supply and commodity prices brought quite a number of stagnant and very difficult years for numerous mining industries in the region. This came in just after the country had experienced a real mining boom.

    The good news is that now the factors that contributed to the harsh market have begun turning more positive. She said that iron ore is well above its low of US$30 although it may still be very far from its highest price of approximately US$140.

    “Hence, this confirms that prices are gradually recovering for both speciality and bulk commodities,” said Ms Campion. She added that in light of the challenging market conditions, it is more likely that investors will need expert advice from qualified lawyers who can come up with innovative deal models.

    As a matter of fact, investors in the region are looking for leads that can help them acquire African companies with uncertain deals and that can help them maximise their profits.

    In order to help such deals get along successfully, lawyers in the region are now looking for solutions that can help them realise and take advantage of existing opportunities.

    Conclusively, Ms Campion says that the African market and more specifically the resources and energy sector is positive and is full of prospective deals for Australian lawyers.

    Therefore, she urged all Australian lawyers to take advantage of this opportunity and nourish their skills out there.

  • Lawyers have been urged to embrace business law skills

    Lawyers have been urged to embrace business law skills

    Learning new ideas in the business law sector will help lawyers handle emerging issues effectively.

    While speaking to Aussie Lawyer Blog, Professor William MacNeil said there is a distinct need for lawyers to acquire effective business law skills.

    The legal profession is currently undergoing profound changes and lawyers should be ready to embrace the new changes. In fact, many professionals working in the legal industry are already aware of this.

    This year presents a highly competitive market and one can easily tell with the change being driven by savvy legal entrepreneurs, new practice management apps, social media and digital technology.

    A number of law firms are rapidly taking new practices such as working ‘remotely’ on a ‘fixed fee’ basis. However, these practices were far from being achievable and would seem as an absurd preposition in the legal profession a few decades ago.

    When engaging legal professionals, clients often look for the form of technology that they use. This is because it helps them get quick access to information. Hence, this shows us the impact that technology has on the practice of law. In addition, clients get better informed when they get introduced to new legal technology.

    In the long run, this not only drives massive competition among junior legal professionals but also between law firms looking to penetrate the industry filled with numerous obstacles.

    However, it is not a must that junior practitioners and graduates should work for a law firm immediately after law school. They can get involved in other legal services like legal research or they can even choose to be freelance lawyers.

    There is increasing demand for legal professionals and with knowledge of transactional law. Legally trained professionals are easily getting their way into various companies across the nation. This is because corporations and companies have started realising the importance of hiring legally trained experts.

    However, you should be careful to avoid getting kicked out in the overcrowded job market. Hence you should consider a specialisation in an area of business or law. The increasingly sophisticated client group demands quality service from law firms. Specialising in various business law skills will help lawyers offer quality services to their clients.

    Achieving appropriate set of skills is critical towards offering top quality services to clients. The fierce employment market requires employees to immediately compete with their counterparts and companies are now forced to offer specialised professionals.

    Postgraduate study can be the best solution towards achieving an effective yet efficient way of cultivating a specialty in business or law. Professionals who wish to specialise in business law should consider going to universities that offer reputable courses such as Master of Laws (LLM) or Master of Business Law (MBL).

    It is true that lawyers with an LLM or MBL will stand out in the overcrowded legal market. They will strategically set themselves in a position that they can easily win prospective clients.

    Specialising in MBL and LLM will make lawyers more responsive and adaptable to emerging issues in the legal practice, and in other areas such as global regulations, product liability and intellectual property.

  • Lawyers demonstrate different views regarding penalty rates decision

    Lawyers demonstrate different views regarding penalty rates decision

    The penalty rates case was put to rest by the decision made by Fair Work Commission on 23rd February, 2017. Following the decision, there will be a slight reduction of the Sunday penalty rates in various industries.

    It will reduce public holiday penalty rates from 250 % to 225 % across the pharmacy, retail fast food and hospitality industries; reduce Sunday penalty rates in the fast food industry from 175 % to 150 % for casual staff and 150 % to 125 % for permanent staff.

    It will also see a reduction of Sunday penalty rates in the hospitality industry from 200 % to 175 % for casuals and 150 % of permanent staff.

    “This was a gigantic case that will have extensive consequences for the economy and industrial relations system more widely,” said Nigel Ward, CEO of Australian Business Lawyers & Advisors (ABLA). He issued this statement upon the decision being handed down.

    Mr Ward said he had to give a comment about this issue in order to enlighten on the significance of this decision. Mr. Ward was accompanied by his Sydney-headquartered firm and he represented the Australian Business Industrial, NSW Business Chamber and Australian Chamber in the matter.

    Mr Ward added that all parties have had their positions properly considered given the commission’s consideration of more than 6,000 public submissions and over 130 lay witnesses.

    “If a merit case demonstrates a need for change, then the Fair Work Commission is prepared to reassess historical norms,” said Mr. Ward.

    In the meantime, all employers are expected to welcome the decision’s realignment of Sunday penalty rates in the affected industries. Mr. Ward said that ABLA was very proud to have contributed in this public industrial and colossal case.

    However, the decision was strongly opposed by Josh Bornstein, who is Maurice Blackburn employment law principal. “The outcome will drive a further wedge in the two class economy for working people and also leave thousands of Australians worse off,” said Mr. Bornstein on behalf of the firm.

    He added that the decision was not fair because many Australians depended on the penalty rates to make ends meet.

    He noted that workers in Australia are already experiencing record low wage growth. The decision made by the Fair Work Commission to cut holiday and Sunday penalty rates for some of the lowest paid workers in Australia is likely to worsen the rising economic problems of sluggish demand, insufficient tax revenue and wage inequality.

    The principal said that the recent penalty rates decision will further disappoint the lowest paid workers in the country. He said that some of them are being underpaid through other precious work arrangements or forced onto sham contracts.

    Mr. Bornstein called out for the federal government to initiate effective leadership and action that will effectively address wage inequality.

    On the other hand, Maurice Blackburn said that he supports the movement in enlightening government policy and supporting the best results for all working Australians.

  • The Australian Government Pledge to Implement OPTCAT

    The Australian Government Pledge to Implement OPTCAT

    Asylum-seekers look through a fence at the Manus Island detention center

    Legal bodies across Australia have welcomed the good news.The Australian government announced that it will ratify the optional protocol of the Convention against Torture and Other Cruel, Inhuman Treatment or Punishment (OPCAT).

    The government also stated that it will invite outside scrutiny of the practices and conditions in its prisons and detention facilities.

    Last week, during a forum hosted in Canberra, Attorney-General George Brandis QC revealed the government’s plans to ratify the optional protocol.

    Senator Brandis said that the Australian government will focus in ‘primary’ places of detention, including immigration facilities, police cells, juvenile detention, and prisons.

    He added that they will also focus on any environment or facility that one gets denied their freedom by the state. He said that different people are faced with unique challenges; hence it is not good for the state to deny them their liberty.

    “I believe that effective implementation of the OPCAT will improve conditions of detention facilities and also promote the ongoing inspections of the facilities,” said the Attorney-General.

    He went on to suggest that endorsing the protocol would ensure Australia translated human rights into personal respect for all the people in detention. The A-G said this while addressing an audience at the DFATNGO Forum on Human Rights.

    Senator Brandis said that the government should ensure that human rights are not mere cries into the void, not merely fine sentiments, but are considered accordingly by giving respect to everyone’s dignity.

    However, “this can only happen when the Australian government pays close attention to the particular correctional facilities in which individuals find themselves,” said Senator Brandis.

    Australian Lawyers for Human Rights (ALHR) responded to the announcement saying it was a good idea but ‘it took long’. The group outlined some of the recent incidents where people were denied their fundamental rights. For example, the treatment of Victorian children in maximum-security adult prisons and the Don Dale Youth Detention Centre are evidence that Australia needs a greater oversight in the detention sector.

    “Australia has repeatedly failed to take on its responsibility in taking care of those detained in offshore detention,” said ALHR president Benedict Coyne.

    Mr. Coyne said that it will be easy to identify and prevent human right violations because there will be more accountability and transparency in places of detention.

    “We will get significant assistance in preventing human rights violations, thanks to the monitoring process that the Australian government will implement within the detention facilities in Australia and some that are out of Australia for which the government is responsible.

    In order to effectively prevent the mistreatment and torture of detainees, the government’s implementation will cover the establishment of a National Preventive Mechanism,” said the Attorney General.

    The A-G said that the National Preventive Mechanism will include inspection of correctional facilities and giving advice to the relevant authorities on the requirements of the UN OPTCAT subcommittee.

    Law Council of Australia (LCA) president Fiona McLeod SC congratulated the Australian government for taking such a brave step towards ensuring that there will be more accountability and transparency within Australia’s detention facilities.

    “The people running detention facilities can now develop effective prevention strategies, thanks to the regular and independent external scrutiny,” said Ms. McLeod.

  • Avoid Outsourcing work to non-lawyers, says SA Law Society President

    Avoid Outsourcing work to non-lawyers, says SA Law Society President

    While giving his 2017 message to members, the SA Law Society President outlined the key objectives that he will perform when in office.

    “This year, my greatest priority will entail preserving the integrity of legal services,” said Mr. Rossi.

    In the recent past, there has been an increase in the number of non-lawyers taking up tasks meant for lawyers.

    Mr. Rossi said that he is honoured to continue the proud history of the Law Society and that it was a privilege to serve as the president of the Law Society.

    He urged the members to be vigilant in order to protect the independence of the justice system. He told them that they were lucky to live in a country that gives respect to the rule of law and ensures all citizens get their rights under the law.

    “The legal profession should be handled with utmost care. It is important for everyone to understand the risks that are exposed to the profession, as a result of outsourcing legal work to non-lawyers,” said the Law Society president.

    Mr. Rossi added that there has been a proliferation of ‘DIY’ kits and that there has also been an increase in outsourcing work traditionally conducted by lawyers to be performed by non-lawyers.

    Mr. Rossi said that the key focus of his presidency will entail improving the necessity and values of having qualified lawyers get assigned legal work. He added that people can be exposed to serious risks when non-lawyers prepare important legal documents without legal advice.

    Abiding by the rule of law is another key objective that Mr. Rossi outlined. He said that the Law Society has a long history of resisting laws that erode the fundamental rights of citizens and undermine the independence of the judiciary.

    The Law Society president said that he intends to be a strong advocate for preventing undue interference that may cause mishap to the justice system. He added that the judiciary should be fearless, impartial and independent when it comes to delivering legal services.

    “There should be a greater regulation that will ensure everything is in order and that everyone gets quality service from the judiciary,” said Mr. Rossi.

    The Law Society is indeed one of the best sectors that contribute to the regulatory regime. It is beneficial to have a proper regulatory regime to ensure lawyers deliver high-quality legal services to their clients.

    It is important to take note that the legal profession is one of the most regulated professions in Australia.

    Mr. Rossi said that he will concentrate on improving access to legal services. He also highlighted that the existing court building has numerous structural defects and aging infrastructure that should be improved.

    “I will fight to see that we get a new court precinct that will enhance the level of service offered by legal practitioners,” said Mr. Rosi.

    He concluded that he would stand with the SA Law Society members to ensure that there is high-quality service in the legal sector. He also urged the members to embrace the spirit of co-operation and collegiality and stand up for the rule of law and the legal profession.