Law Council of Australia
Encyclopedia
The Law Council of Australia is an association of law societies
and bar association
s from the States and territories of Australia
, and the peak body representing the legal profession
in Australia
. The Council was formed in 1933 to unite the various state legal associations, in order to represent the profession at a national level and at an international level. The Council is particularly vocal on subjects involving federal law, that is, laws made or considered by the Parliament of Australia
. , the Council represents over 56,000 lawyers across Australia.
The Council consists of representatives from its sixteen constituent bodies, and an executive body elected by the council. The current President is Alexander Ward. Former Presidents include two former Chief Justices of Australia
, Sir John Latham
and Sir Garfield Barwick
, and former High Court
Justice Douglas Menzies
. A former Attorney-General of Australia
, Michael Lavarch
, is also a former Secretary-General
of the Council. The Council also forms committees on various subjects, such as Indigenous
legal issues, national criminal law, and alternative dispute resolution
.
In 1986, the Council established a separate family law section, for practitioners specialising in Australian family law
. It represents about 2000 lawyers across Australia. The Council administers a number of awards, including the John Koowarta Reconciliation Law Scholarship, awarded to Indigenous Australians
studying law in Australian universities. The award is named for John Koowarta, the plaintiff in the famous Koowarta v Bjelke-Petersen
case. The Council sponsors the Human Rights Law Award, awarded by the Australian Human Rights Commission. Recent winners include barrister Julian Burnside
.
The Council often comments on the legal policy of the Government of Australia
, and on proposed legislation in the Parliament of Australia
. It also often gives testimony to parliamentary inquiries. Recent stances adopted by the Council include strong criticism of the Australian Anti-Terrorism Act 2005
, and a criticism of profiteering in the insurance industry and weaknesses in personal injury legislation.
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
and bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
s from the States and territories of Australia
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
, and the peak body representing the legal profession
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The Council was formed in 1933 to unite the various state legal associations, in order to represent the profession at a national level and at an international level. The Council is particularly vocal on subjects involving federal law, that is, laws made or considered by the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
. , the Council represents over 56,000 lawyers across Australia.
The Council consists of representatives from its sixteen constituent bodies, and an executive body elected by the council. The current President is Alexander Ward. Former Presidents include two former Chief Justices of Australia
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
, Sir John Latham
John Latham (Australian jurist)
Sir John Greig Latham GCMG QC was an Australian judge and politician who served as fifth Chief Justice of the High Court of Australia for seventeen years, from 1935 to 1952.-Biography:...
and Sir Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
, and former High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
Justice Douglas Menzies
Douglas Menzies
Sir Douglas Ian Menzies KBE , Australian judge, was a Justice of the High Court of Australia.-Biography:Menzies was born in Ballarat, Victoria, in 1907. He was educated at Hobart High School and Devonport High School in Tasmania, before returning to Victoria to study at the University of Melbourne...
. A former Attorney-General of Australia
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
, Michael Lavarch
Michael Lavarch
Michael Hugh Lavarch is an Australian lawyer, educator and former politician. He was the Attorney-General of Australia between 1993 and 1996, and since 2004 has been Dean and Professor of Law at Queensland University of Technology , his alma mater.Lavarch commenced his legal career in Brisbane as...
, is also a former Secretary-General
Secretary-General
-International intergovernmental organizations:-International nongovernmental organizations:-Sports governing bodies:...
of the Council. The Council also forms committees on various subjects, such as Indigenous
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
legal issues, national criminal law, and alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
.
In 1986, the Council established a separate family law section, for practitioners specialising in Australian family law
Australian family law
Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end....
. It represents about 2000 lawyers across Australia. The Council administers a number of awards, including the John Koowarta Reconciliation Law Scholarship, awarded to Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
studying law in Australian universities. The award is named for John Koowarta, the plaintiff in the famous Koowarta v Bjelke-Petersen
Koowarta v Bjelke-Petersen
Koowarta v Bjelke-Petersen was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the Racial Discrimination Act 1975, and the discriminatory acts of the Government of Queensland in blocking the purchase of land by...
case. The Council sponsors the Human Rights Law Award, awarded by the Australian Human Rights Commission. Recent winners include barrister Julian Burnside
Julian Burnside
Julian William Kennedy Burnside AO QC is an Australian barrister, human rights and refugee advocate, and author. He is known for his staunch opposition to the mandatory detention of asylum seekers, and has provided legal counsel in a wide array of high-profile cases...
.
The Council often comments on the legal policy of the Government of Australia
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
, and on proposed legislation in the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
. It also often gives testimony to parliamentary inquiries. Recent stances adopted by the Council include strong criticism of the Australian Anti-Terrorism Act 2005
Australian Anti-Terrorism Act 2005
The Anti-Terrorism Act 2005 is legislation intended to hamper the activities of any potential terrorists in Australia. It was passed by the Commonwealth Parliament on 6 December 2005.- Chronology :...
, and a criticism of profiteering in the insurance industry and weaknesses in personal injury legislation.