❓ Hon Nick Goiran asks about the catalyst, consultation process, and concerns raised regarding amendments to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2022. The Attorney General responds that the amendments were made due to concerns from the Federal Circuit and Family Court, and that no concerns were raised during consultation.
AnsweredQoN 822Legislative Council
QuestionView source ↗
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?
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?
AnswerView source ↗
Answered
21 September 2022
Responded by
Parliamentary Secretary representing the Attorney General
Response time
9 days
(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.
(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.
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