2009 Annual Report - Law Institute of Victoria

Transcription

2009 Annual Report
18592009
Serving members for 150 years
Table of contents
Notice of the AGM
IFC
Executive
1
From the President
From the CEO
1
2
History 3
A dinner to remember
Good men and women all
150 years of service and
achievement
3
4
Our members
8
5
Strength through membership 8
Membership profile
9
Member Services
10
LIV Bookshop
Costing Service
Education liaison
Ethics
Health and wellbeing
Human Resources
10
10
10
11
11
12
Educating the profession
19
Continuing Professional
Development Accredited Specialisation
College of Law Victoria
19
19
19
14
Marketing, media and
communications
20
14
15
15
15
16
16
16
17
eMarketing
Events
Graphic design
Marketing communications
and business development
Media
Publications
20
20
21
Professional Standards
23
17
17
18
18
Council and Committees
24
Financial report
28
legalsuper
Legal Assistance Scheme
Library and information
services
Referral Service
12
12
Legal Policy and Practice
Administrative Law and
Human Rights
Commercial Law
Criminal Law
Elder Law
Family Law
Government Lawyers’
International Law
Litigation Lawyers
Property and
Environmental Law
Small Practice Support
Workplace Relations
Young Lawyers’
13
13
LIV staff
21
22
22
IBC
Notice of the AGM
Law Institute of Victoria Limited
ABN 32 075 475 731
GPO Box 263C Melbourne Victoria 3001
Phone (03) 9607 9311 Fax (03) 9602 5270
Email [email protected]
The annual general meeting of the Law Institute
of Victoria Limited will be held on Wednesday,
18 November 2009 at 6pm at 470 Bourke Street,
Melbourne.
About the cover: The two pictures on the cover are Melbourne’s “new” Law
Courts, built in 1874-84 and an LIV reception held in January 1906. The
Law Courts provided an early home to the LIV. The 1906 reception was held
for the fourth Victorian Supreme Court Chief Justice Sir John Madden.
This page: LIV Past presidents – Peter Gandolfo, Thomas Molomby, Mark
Woods, Dr Gordon Hughes, Frank Paton, Ian Dunn, Rod Smith, Jonathan
Mott, David Denby (partially obscured), John Ball, John Dawson AM,
Matthew Walsh, current LIV president Danny Barlow, John Kelly, former
County Court Judge David Jones AM, David Miles, David Faram, Jack Harty,
former Supreme Court Justice Bernard Teague, Andrew Scott, Gail Owen,
Geoff Provis, former Victorian Premier John Cain Snr, Alan Cornell and
Rowland Ball taken at the LIV 150th celebratory dinner in March 2009.
From the President
It is an honour to present the
annual report of the Law Institute
of Victoria (LIV) in its 150th year.
We should not underestimate what an
achievement it is for an organisation like
ours not only to have survived, but to
have thrived for this length of time.
I believe the strength of the LIV lies in
its membership culture of dedication
both occupation-wise and to the
profession generally. This is highlighted
by the countless hours members
volunteer each year to help their
colleagues and the community.
Unfortunately our 150th is set against
a background of unprecedented global
economic slowdown. Law firms have
not been immune from the downturn,
although the diversity of our work
has helped soften the blow for many
members.
Worst hit in many ways have been the
younger members of our profession.
There have been well publicised
examples of retrenchments. In general,
the victims have been younger and less
experienced practitioners. Less well
known are the many young lawyers
trying to enter the profession and
finding there are no jobs to step into.
The LIV, and in particular our Young
Lawyers’ Section, have been very
conscious of the need to provide
support wherever possible to those
who, after all, represent the future of
our profession. Member firms must
also be acknowledged for not putting
off staff unless absolutely necessary.
In many cases they have gone out
of their way, sometimes against their
own financial interests, to keep
staff employed.
Despite the economic climate
our members have remained
loyal, with membership growing
slightly to 88 per cent.
The responsibility now falls on the
LIV to repay this loyalty by delivering
value-for-money to our members,
regardless of their form of practice,
age or location.
Earlier this year we witnessed the
horrific fires that claimed so many
lives and affected many thousands
of Victorians. The community-minded
nature of our members was again
evident at that time. In response to
an email to members calling for
volunteers, I received more than
500 offers of assistance in less than
48 hours. Many of these people went
on to provide services to those affected
by the bushfires. The LIV played an
important role in the establishment
and operation of the bushfire legal
help line, which is still providing
assistance to those touched by the fires.
In FY2009, the LIV continued to
make representations to government
and others on issues affecting our
members and their clients. These
included legal aid, federal human rights
legislation, the role of VCAT, stamp
duty legislation, mental health issues
and a huge range of other matters.
Also significant was the Council of
Australian Governments’ (COAG)
announcement signalling its intention
to finally implement a national system
of legal regulation. This is an issue the
LIV has been urging action on for some
years, following calls for a more efficient
system that allows members to practise
across state borders with minimum
difficulty. We are continuing to work
towards a model of regulation that
will make this a reality.
The challenge of attracting and retaining
solicitors in regional Victoria has also
been occupying the LIV for some time.
During the past 12 months we have
worked very closely with a Law Council
of Australia working group (of which
I am co-chair) to implement strategies
to address these issues. This work will
continue and I will be announcing some
key outcomes prior to the end of my
presidency this calendar year.
The challenge for the LIV over the
next 12 months is to provide maximum
benefits to its members at a time when
they need our assistance more than
ever. I think we are well placed to
meet that challenge.
Danny Barlow
President
Did you know
In 1903, the LIV passed a motion
stating that Australia was not yet
ready for a Federal High Court.
Annual Report 2009 1
From the CEO
In March 2009 the LIV celebrated its
150th anniversary. This was a proud
moment for the LIV and also of historical
importance because the Law Institute
of Victoria has been in continual
existence for longer than any other
legal representative body in Australia.
The milestone was celebrated with a
dinner on 27 March 2009. The dinner
was attended by High Court Chief
Justice Robert French, heads of other
jurisdictions, former presidents and chief
executives, as well as presidents of other
legal representative bodies from across
Australia. The knowledge and experience
the LIV has developed over the past
150 years is the foundation of the
strong position it remains in today.
In FY2009, the LIV has once again
worked very hard to maintain a strong
membership base. There has been a
percentage increase in membership
and of note is the 22 per cent increase
in student membership, the LIV’s
practising members of the future.
There has also been strong growth in
membership of LIV sections with all
but one recording an increase in
member numbers. Section membership
now exceeds 28,000 (many members
are members of more than one section).
During the year a new section, the
Collaborative Practice Section, was
agreed to by Council.
In response to the bushfire
tragedy, the LIV called on
its members to provide legal
assistance to those affected.
I am proud to say more than
500 members offered their
pro-bono support.
The LIV has continued to use the
strategic plan approved in 2007 as its
driver. Measuring actual performance
against targeted outcomes in the
strategic plan encourages both
management and Council to critically
evaluate the process and resources.
2 Law Institute of Victoria
Financially, the LIV has been able
to maintain its strong position. It has
continued to provide more services
for our members while achieving its
budgeted surplus.
During the year the LIV made strong
representations to government to
protect the interests of its members
and the public in relation to legislative
and other changes. The LIV is
fortunate to have strong media and
communications skills. To complement
these skills the LIV has, in conjunction
with the Victorian Bar, employed a
state-based lobbyist. This lobbying
regime has achieved some significant
changes to parliamentary bills. The
recently introduced Stamp Duties
Amendment Bill had several significant
changes made as the result of LIV
representation. This was also the case
with the consolidation of state legal
aid funding, which was achieved at
a time of economic downturn when
availability of finance was reduced.
The LIV continued to work closely
with the Law Council of Australia
(LCA) and has driven a push for
change in many areas including
anti-money laundering legislation,
tax and the federal government’s
Bank Deposit Guarantee Fund. The
decision by the federal government
to exempt solicitors’ trust accounts
from the payment of the guarantee
was an area in which the LIV worked
hard. It can be very proud of the
outcome achieved.
Tony Burke completed his presidential
year on 31 December 2008. Tony has
been interested in corporate governance
at the LIV and has championed this at
the LCA, which has subsequently set up a
corporate governance review committee.
Danny Barlow took over the presidency
in January 2009. Danny has a strong
commitment to all members of the LIV
and it was his work that led to the LCA
undertaking a study of the retention of
professionals in rural and regional areas.
This survey is particularly important in
light of the economic downturn and it is
hoped it will provide more opportunities
for employment in rural, regional and
suburban areas.
I would like to thank the LIV staff for
their dedicated service in FY2009. I am
proud to work with such a committed
and engaged team. The support
provided by Council has ensured
that during the 150th year we have
reinforced the relevance of the LIV
for both practitioners and the public.
Mike Brett Young
CEO
Did you know
Until 1986, only barristers had
been appointed to the Supreme
and County Courts, although Sir
John Davies, a solicitor, declined
an invitation to join the Supreme
Court in 1906.
A dinner to remember
Leading members of the Victorian
and Australian legal profession joined
other guests at a dinner to help the LIV
celebrate its sesquicentenary in March.
Twenty-four ex-presidents, 13 life
members and four former LIV chief
executives were among the 220 who
attended the gala dinner at Melbourne’s
Federation Square.
While the profession had evolved from
one entirely dominated by men to one
which at the entry level had a majority
of females, more work needed to be
done, he argued.
They were joined at Zinc restaurant
by leading members of the judiciary
– including Chief Justice of the High
Court Robert French and Chief Justice
of the Federal Court Michael Black
– guests from law societies around
Australia and Indigenous elders to
celebrate the milestone.
“We also have a stark underrepresentation of Indigenous Australians
in our legal profession in this state and
the remainder of the country. This is a
challenge for the Institute and it is one
of my goals as president this year to
take some steps in that regard.”
LIV president Danny Barlow
acknowledged the traditional owners
of the land, the Wurundjeri people,
and introduced Wurundjeri elder Bill
Nicholson, who welcomed those present
to his country before speaking about
Victoria’s Indigenous culture and history.
Mr Barlow said while the LIV may
have had a “less than smooth” start,
it had evolved into a highly influential
representative organisation for
solicitors in Victoria.
“It has played a major role in shaping
much of the modern profession. It
has influenced countless pieces of
regulation and legislation at both state
and federal level and it has played a
major role in speaking for those who
are disadvantaged and can’t speak for
themselves when their rights are in
jeopardy,” he said.
He praised the work done by the LIV’s
“volunteers”, the Council and other
LIV members who devote their time
to enhancing the profession with little
reward, and the organisation’s staff.
LIV CEO Mike Brett Young spoke
about the moves towards a national
profession.
He praised and thanked the “thousands
of people who have volunteered their
time and intellectual property to the
LIV”.
He acknowledged past and present staff
for helping to make the LIV a dynamic
membership organisation.
He said while the legal profession wasn’t
immune from the tough economic times,
the law was very resilient.
“We as lawyers are trained to find ways
to solve problems, new ways of doing
business and ways to get the best results
for our clients, our stakeholders and our
communities.
“We at the LIV are very proud of
our long and distinguished history
of serving the law in Victoria.”
“We in Victoria cannot wait,” he said,
noting a national profession had been
a goal of the LIV since its formation.
“We have noted the commitment
from both federal and state AttorneysGeneral who have proposed a national
regulator and legal profession reforms.
That we applaud and that we support.
“The LIV hopes that at the next
anniversary in 50 years we will not
still be arguing about the need for
a single regulatory system.”
High Court Chief Justice Robert French, Valerie
French, Elisabeth Brett Young and LIV CEO
Mike Brett Young
Did you know
John Dawson AM, former LIV president and Supreme Court Justice Bernard Teague, former
Victorian Premier and LIV president John Cain Snr, Supreme Court Justice Emilios Kyrou and
former LIV president and CEO Ian Dunn
During both World Wars, the
LIV was involved in setting up
a soldiers’ advice bureau to give
free legal advice to servicemen
and women and their families.
Good men and women all
The LIV is founded on the voluntary work of its members. Over its 150 year history
countless men and women have given time and expertise to LIV Council and various
committees.
Council members have come from large multinational firms to sole practices and community legal centres; Melbourne city,
suburbs and regions; and various stages of their career. They have been bound by an abiding principle – to ensure the constant
improvement of the profession and the service it offers to the community.
The following is a list of the LIV presidents who have led the organisation since its inception.
1859-60 David Ogilvy
1860-62 The Hon JB Bennett
1862 KE Brodribb
1862-64 T Hamlet Taylor
1864-65 E Klingender
1866-67 Alfred Brooks Malleson
1868-70 Robert S Anderson
1870-72 Alfred Brooks Malleson
1872 John Macgregor
1873 Alfred Brooks Malleson
1874 R Ramsay
1875 Frederick G Moule
1875-76 T Hamlet Taylor
1878-80 Arthur Palmer Blake
1880-81 Sir John Mark Davies
1881-82 Frederick G Moule
1882-83 R Ramsay
1884-85 W Lynch
1885-86 Sir John Mark Davies
1886-87 Sir Frank Madden
1887-88 JG Duffy
1888-89 RW Dickson
1889-90 William Riggall
1890-91 WH Croker
1891-92 Henry Jennings
1892-93 AD Michie
1893-94 Edward Augustus Atkyns
1894-95 W Brown
1895-96 Frederick Arthur Moule
1896-97 Samuel Gabriel Pirani
1897-98 Thomas Plumley Derham
1898-99 S Leon
1899-1900 Sir Samuel Gillott
1900-01 David Abbott
1901-02 James Maitland Campbell
1902-03 William John Fookes
1903-04 Montague Cohen
1904-05 Herbert Turner
1905-06 James Hall
1906-07 MH Davies
1907-08 William Riggall
1908-09 R Beckett
1909-10 Henry Tilley Washington
Stillman
1910-11 Arthur Morrice Williams
1911-12 Edward Charles Rigby
1912-13 Joseph Fitzgerald
1913-14 Lewis Henry Braham
1914-15 Charles Aldred Dale
1915-16 John William Robertson
1916-17 Henry Upton
1917-18 Thomas Cauvine Alston
1918-19 James Volum McEacharn
1919-20 Henry Walter Courtney
Simpson
1920-21 Sir Arthur Robinson
1921-22 Charles Hugh Lucas
1922-23 Robert Leslie White
1923-24 John Beacham Kiddle
1924-25 Raynes Waite Stanley Dickson
1925-26 Hubert Ralph Hamer
1926-27 Charles Hugh Lucas
1927-28 Harold Edward Elliott
1928-29 William Slater
1929-30 Leonard Roberts Stillman
1930-31 John Patrick Rhoden
1931-32 Edward James Hamilton
1932-33 George Frederich Pitcher
1933-34 George O’Dell Crowther
1934-35 Henry Newton Spencer
Wollaston
1935-36 Francis Plumley Derham
1936-37 Wallace John Ball
1937-38 James Burt Aitken
1938-39 Francis Roche Gubbins
1939-40 Alan John Moir
1940-41 William Slater
1941-42 Ian McEacharn
1942-43 Edmund Leolin Piesse
1943-44 Edmund Leolin Piesse
1944-45 Ronald Fox Hall
1945-46 Roy James McArthur
1946-47 Robert Nelson Vroland
1947-48 Duncan Cornelius Mackinnon
1948-49 John Paterson Adam
1949-50 Francis Plumley Derham
1950-51 Arthur Dean Pearce
1951-52 Arthur William Warrington
Rogers
1952-53 John Miller Rodd
1953-54 Thomas Molomby
1954-55 Thomas Alfred Pearce
1955-57 Phillip Moerlin Fox
1957-58 James McConnell Hambleton
1958-59 John Stanley Elder
1959-60 John Ralph Burt
1960-61 Geoffrey Chaverton Wyatt
1961-62 Hulbert Andrew Greening
1962-63 Arthur William Warrington
Rogers
1963-64 Peter Campbell Trumble
1964-65 David Stuart Murray
1965-66 Sir Edward Cohen
1966-67 John Wallace Ball
1967-68 Hartwell George Lander
1968-69 Thomas Molomby
1969-70 Neville Leonard Colbran
1970-71 Robert Winston Gaylard
1971-72 Leigh Masel
1972-73 John Alfred Cain
1973-74 Alan Robert Lobban
1974-75 John Albert Dawson
1975-76 John Carlisle Richards
1976-77 Brian Patrick McCarthy
1977-78 David Anthony Talbot Jones
1978-79 Bernard George Teague
1979-80 Rowland John Ball
1980-81 Anthony Felstead Smith
1981-82 Matthew John Walsh
1982-83 Alan Kingsley Cornell
1983-84 Jack Henry Harty
1984-85 David Arthur Miles
1985-86 Frank Watson Paton
1986-87 Bernard George Teague
1987-88 Ian Maxwell Dunn
1988-89 Jonathan Clifton Mott
1989-90 John Stanley Kelly
1990-91 Peter Salvatore Gandolfo
1991-92 Gail Ann Owen
1992-93 Gordon Langford Hughes
1993-94 David John Denby
1994-95 Peter Roderick Leslie Smith
1995-96 Mark Geoffrey Woods
1996-97 James Henry York Syme
1997-98 Geoffrey Provis
1998-99 Robert Andrew Scott
1999-2000 Michael Phillip Gawler
2000-2001 Concettina (Tina) Millar
2001-02 John Matthew James Corcoran
2002 David John Faram
2003 William Patrick O’Shea
2004 Christopher Antony Dale
2005 Victoria Strong
2006 Catherine Gale
2007 Geoffrey Provis
2008 Tony Burke
2009 Danny Barlow
150 years of service and achievement
The history of the Law Institute of Victoria over the past 150 years is a story of the
thousands of solicitors – backed by a small and dedicated staff – who have contributed
freely to the legal profession, the community and the cause of justice. Collectively, they
have earned the LIV a reputation as a respected leader, contributor and lobbyist when it
comes to law reform and as a strong advocate for access to justice and the rule of law.
LIV was kept alive mainly by the
work of the executive.
In 1883 the LIV was given accommodation
at the Law Courts, 192-228 William Street
The Law Institute of Victoria (LIV)
had an inauspicious and faltering start.
It began in March 1859 with 26
members, after at least five attempts
to set up a professional society. Twice
an organisation had been formed, but
on both occasions it foundered due
to problems with funding and who
should be allowed to join.
The initial enthusiasm which
underpinned the LIV’s establishment
soon waned, with meetings poorly
attended and membership numbers
stagnant. For the next 30 years the
From its earliest days the LIV was
focused on the issue of amalgamation
of the two branches of the profession.
It was a touchy subject, with some
solicitors opposed to barristers moving
into their domain. Others believed
barristers were better trained and
equipped to act as advocates in court.
The Legal Profession Practice Act was
passed in January 1892, making it
legal for all barristers to practise as
solicitors, and vice versa.
The LIV celebrated its golden jubilee
on 31 March 1909 with a meeting in
the afternoon and a dinner attended
by 120 guests in the evening.
Most of the topics canvassed at the
dinner would not be out of place today,
with conversation ranging across the
problems facing country practitioners,
scales of costs and court delays.
Although many country solicitors
were members of both the LIV and
their local law association, there was
no official connection between the
LIV and the associations until 1917,
when incorporation of the LIV provided
that the president of each of the three
associations – Ballarat and District,
Bendigo and Geelong – should be
ex officio a member of the Council.
In 1945, membership of the Council
was extended to any other country law
association recognised by the LIV.
As early as 1911, the LIV was
pushing for a Federal Legal
Council to be formed and it
played a leading role in
discussions which led to the
birth of the Law Council of
Australia in 1933.
Before 1918, the LIV chief executive
was the honorary secretary Sir Arthur
Robinson. With the retirement of Sir
Arthur, it was decided to appoint a paid
secretary. Solicitor Jack Campbell took
on the job a year later, operating with a
lone typist until his retirement in 1947.
Incorporation had been on the LIV’s
agenda since 1859, but it wasn’t until
1917 that it was achieved under the
Law Institute Act.
One of the earliest examples of LIV
members’ commitment to pro bono
work occurred during World War I,
when the LIV set up a Soldiers’ Advice
Bureau to provide free legal assistance
to servicemen and their families.
The idea for an “authorised legal
periodical” had been spoken of since
1861, and on 1 July 1927 the Law
Institute Journal’s first edition
appeared. For the past 82 years,
the award-winning LIJ has been an
integral part of the life of the Institute.
Did you know
The LIV’s first home was in New Temple Court, Collins Street (Rooms 62-63)
Mr GH Wise was the founding
president of the Gippsland Law
Association, set up in 1930. He
held that office until 1948, when he
retired after a remarkable 74 years
of practice.
Solicitors found their incomes
squeezed by the Depression.
Defalcations by professional men,
including solicitors, made headlines in
all states and within the legal profession
there was a feeling that formal
supervision or control was required.
The Legal Profession Practice
(Amendment) Act 1946 gave the
LIV the power to police the conduct
of all solicitors and provided for a
Solicitors’ Guarantee Fund – built up
by annual contributions from every
practising solicitor – to protect clients
against any defalcations by solicitors
or their employees.
The task of implementing the Act
fell to Arthur Heymanson, 39, who
had been a chief legal officer in the
Australian Army.
During his 27 years at the helm,
the LIV made major advances in
professional conduct, legal aid, legal
education, law reform and in improving
the image of solicitors.
The 1970s was a time of great social
change and a difficult period for the
legal profession. The boom of the fifties
and sixties was over and recession saw
many young lawyers out of work; some
legal practices were poorly managed
while others, if they had insurance at
all, were underinsured against claims
of negligence.
Public criticism of the legal profession
was also mounting and the community
had little understanding of the principle
An LIV reception for the fourth Victorian Supreme Court Chief Justice, Sir John Madden, in
January 1906
of the rule of law and how the legal
profession operated. While many
members were apathetic towards the
LIV, others were openly hostile, viewing
it as little more than a policeman.
On his retirement in 1975, Mr
Heymanson, who was feted at a
farewell dinner attended by more
than 300 people, urged the LIV to
focus its efforts on professional
indemnity insurance, services to
members, welfare of the profession,
law reform and public relations.
Employed as the first executive
director of the LIV in 1975,
Gordon Lewis, a 40-year-old
former partner of Hamilton firm
Melville, Orton & Lewis, set about
radically reshaping the LIV as a
service provider.
Within three years of his appointment,
the LIV had set up a compulsory
indemnity insurance scheme to cover all
claims, a management advisory service,
a team of qualified office inspectors to
check solicitors’ trust accounts, a free
legal advice and referral service for
the public, a counselling service to
guide members on ethical matters,
and employment and locum services.
Robert Cornall took over from Mr Lewis
in 1987 and continued the work done in
the previous decade to increase services
for members and to lobby on behalf of
the wider community for better laws.
Did you know
The LIV 50 year jubilee dinner
attended by 120 guests in 1909
The LIV formed the Legal Aid
Committee in conjunction with the
Victorian Bar in 1961. Originally
the scheme was funded by a state
government grant, with revenue
coming from the surplus of the
Solicitors’ Guarantee Fund.
For the first time, the number of women
graduates in law schools reached more
than 50 per cent, prompting the LIV to
begin looking at the unacceptable rate
of progress of women within the legal
profession.
The election of the Kennett government
in Victoria in 1992 saw major legislative
changes introduced and the LIV soon
found itself campaigning against moves
to reduce government accountability,
challenges to judicial independence and
a reduction in the rights of individuals
injured by crime or in the workplace
to sue for compensation.
The government proposed the creation
of a Legal Ombudsman, a governmentappointed Legal Practice Board and a
Legal Profession Tribunal comprised
of equal numbers of lawyers and
non-lawyers to hear allegations of
misconduct against solicitors.
Crucially for the LIV, lawyers would
no longer be required to be members
of a professional association.
Lawyers outside the County Court on 27 November 2008 protesting the chronic underfunding of
legal aid at both state and federal levels
Mr Cornall left the LIV at the end
of 1995 to head Victoria Legal
Aid. Former Council member and
Wisewoulds partner Ian Dunn stepped
into the CEO’s job as the Legal Practice
Act 1996 was being enacted.
Despite some internal pessimism that
membership numbers might fall to
40 per cent under a voluntary regime,
the membership made clear the value
it placed in the LIV with a retention
rate of more than 80 per cent.
First female LIV president Gail Owen
(1991-92)
The new millennium arrived with a
renewed focus on the profession’s
culture, in particular where it concerned
women in the law. Four of the LIV’s
10 country associations were headed
by women in 2000, as well as the LIV
itself with Tina Millar at the presidential
helm. The first female president was
Gail Owen in 1991-92.
In March, 2002, John Cain Jnr
(son of former LIV president and
Victorian Premier John Cain) became
the seventh head of the LIV after
10 years as managing partner at then
Maurice Blackburn Cashman.
Mr Cain quickly embarked on a
major review of the LIV’s staff
levels and management structure.
Membership fees were reduced and
services were improved and expanded.
In 2006 Mr Cain resigned to take up
the position of Victorian Government
Solicitor and was replaced by Mike
Brett Young. Like his predecessor, Mr
Brett Young was managing partner
at then Maurice Blackburn Cashman
before joining the LIV.
During Mr Brett Young’s term, the
LIV has continued to lead the push
for harmonisation of the profession
across state and territory borders and
greater support for Indigenous legal
professionals, has contributed towards
research on retention of young lawyers
in the profession and looked at ways
to help lawyers suffering depression.
Remaining relevant to the next
generation of lawyers, resisting
any erosion of the profession’s
independence and staying afloat
amid the waves of regulation
imposed by governments are
just some of the challenges facing
the LIV in the next half century.
This is a précis of the history of the LIV
from the March edition of the LIJ. For the
full story and other stories about the LIV’s
past see www.liv.asn.au/about/history/.
Did you know
Melbourne’s iconic trams helped promote
the 1985 Australian Legal Convention
The Legal Aid Act 1961 was drafted
by LIV secretary Arthur Heymanson
and accepted, almost without
amendment, by the parliamentary
draftsman of the day.
Our members
Strength through
membership
The strength and reputation of
professional associations come from
their members. Reflecting the diversity
of the legal profession, our members
work in small boutique firms through
to large international firms, as
in-house lawyers, for the government,
in community legal centres or as
barristers. Young lawyers and student
members comprise an important part
of our membership.
Our members are getting younger and
more of them are women. They have a
wide range of legal interests and work
and live across Victoria, in other parts
of Australia and overseas. A number
our members not currently practising,
or who have retired from practice,
choose to retain their association with
the LIV in order to remain connected
with the profession.
LIV members make valuable
contributions to their communities
and to the profession. They
undertake a significant amount
of pro bono work and volunteer
their time to sit on committees,
present CPD, write submissions,
contribute to publications and
lobby for improvements to the
legal system.
What our members think
The LIV welcomes feedback from
members in order to:
– understand member perceptions
of and engagement with the LIV;
– determine member satisfaction
with LIV services;
– learn about member views on
topical issues; and
– identify future product and
service requirements.
A total of 220 guests attended the LIV’s 150 year anniversary celebrations on 27 March at Zinc,
Federation Square
2008-2009 Annual
Profession Study
In 2008 the LIV partnered with
Beaton Consulting to participate
in the Annual Business and Professions
Study, which provides the LIV with
member evaluation of LIV services,
and benchmarks the organisation
against other major Australian
professional associations.
The member survey component
identified:
– the LIV is ranked 4th out of 13
associations on performance;
– members joining the LIV in the
past 12 months cited the following
reasons behind their decision to
join: keeping up to date with
developments or issues affecting
the profession; access to information
to improve their professional ability;
and access to member services;
– the LIV has the 4th strongest
reputation of the strategic group,
behind the Institute of Chartered
Accountants, the Australian Institute
of Company Directors (AICD) and
CPA Australia.
– underpinning the LIV’s overall
performance is its leadership in
the field, its development of
members’ knowledge and skills,
and its work to build the standing
of its members;
Did you know
Before the LIV there was a Bread
and Cheese Club, established in
Melbourne by 12 solicitors for no
purpose beyond “eating a good
lunch in congenial company”.
According to a 1927 article in
the Argus, the club was formed
in about 1857 by solicitors who
were bound together by common
interests in shooting, cricket
and fishing. The report claims
it dissolved in 1859, when the
remaining members joined the
newly formed LIV.
Membership profile
30 June 2009
Membership growth of 3 per cent
to a total of 15,601
Membership type
2008
2009
Member age range FY2009
3,000
Male
Female
2,500
Practising full member 11,106 11,155
Associate member
2,041
2,054
Student member
1,890
2,302
80
90
Honorary member
Total
15,117 15,601
Age and gender
Average age – 40
Male – 44
2,000
1,500
1,000
500
0
-20
20-29
30-39
40-49
Female – 37
Retention rate FY2009:
88 per cent
Membership share
Male – 53 per cent
50-59
60-69
70+
Age
Section membership FY2009
Male – 14,327
Female – 14,553
SectionFY2008FY2009
% Increase
Admin & Human Rights
1805
1965
9%
Commercial Law
4570
4834
6%
Criminal Law
1531
1700
11%
83
432
420%
1840
1989
8%
Government Lawyers
278
394
42%
International Law
592
881
49%
LIV members have the opportunity
to expand their professional and
personal horizons and contribute to
the legal community through their
involvement in LIV practice sections.
Later Lawyers
648
788
22%
3407
3490
2%
Property & Env. Law
3070
3183
4%
Small Practice Support
1684
1545
-8%
Overall Section membership is more
than 28,800. (Individuals can be
members of multiple sections.)
Workplace Relations
1505
1558
4%
Female – 47 per cent
Where practising full
members work:
53 per cent in CBD
Elder Law
22 per cent in suburbs
Family Law
Section membership
Young lawyers represent the largest
Section membership with 6121
members.
Litigation Lawyers
Young Lawyers
Total
6142
6121
0%
27,155
28,880
6%
The recently established Elder Law
Section experienced the greatest
membership growth of 420 per cent,
followed by International and
Government Law Sections.
Did you know
Only four women have served
as LIV president: Gail Owen
(1991-92), Concettina (Tina) Millar
(2000-01), Victoria Strong (2005)
and Catherine Gale (2006).
Member Services
LIV members can benefit from a wide range of services and programs developed to
support professional, practice and personal needs. Many of these services are delivered
by the LIV – others are provided in conjunction with external organisations including
the Public Interest Law Clearing House (PILCH) and the Victoria Law Foundation
(VLF) and a range of commercial partners.
LIV Bookshop
The LIV Bookshop is Australia’s
only one-stop legal bookshop.
It provides members and the
public with easy access to a
range of legal publications
and documents plus a wide
selection of books.
All major Australian and international
publishers are represented in the
stock range and the Bookshop actively
promotes independent and privately
published legal books not found
elsewhere.
In FY2009, the Bookshop maintained
its anticipated sales budget despite the
dramatic global economic decline.
Student texts made up 35 per cent
of total product sales, followed by
legal forms (30 per cent), practitioner
publications (30 per cent) and non-book
products including audio books and
music CDs and DVDs (5 per cent).
Members chose to order online in
greater numbers, while faxed and
postal orders remained healthy.
Best-sellers for FY2009 included:
– Bradbrooke, Croft & Hay’s
Commercial Tenancy Law;
– Arenson & Bagaric’s Criminal
Procedure Victorian & Commonwealth;
– Richard Posner’s How Judges Think;
and
– Mike Leibling’s How People Tick: A
guide to working with difficult people.
Two new students’ series provided
significant sales:
– LexisNexis Study Guides: business
law, corporations law, equity,
intellectual property, trusts; and
– Pearson Education Lawbriefs:
administrative law, company law,
equity, property law, constitutional
law, torts.
Costing Service
Education liaison
The Costing Service provides members
with advice on costing calculations,
disclosure statements and complaints
handling, alongside a range of costing
services designed to relieve the
administrative burden on practices.
Supported by the Department of
Education and Early Childhood
Development and the Legal Services
Board, the LIV Education Liaison
Service assisted more than 12,500
students and 2550 teachers interested
or involved in law-related courses,
particularly VCE legal studies and
civics and citizenship education.
These include:
– legal costs calculations (solicitorclient and party-party);
– itemised bills of costs;
– notices of objections to bills;
– appearances at taxation call-overs; and
– appearances at taxation of legal costs.
In addition, a costs policy committee
makes representations and submissions,
on behalf of the LIV, to the courts and
government. It gives rulings on the
interpretation and application of the
practitioner remuneration order (PRO)
where some aspect of it is in dispute.
It also provides opinion on principles
of costing and PRO applications where
there is no dispute.
In FY2009, administration of the service
was reorganised as it continues to grow.
A new solicitor was appointed to assist
the manager. The costing team also
engaged in a national lawyers’ costs
conference and the manager continued
to speak to the country and suburban
lawyer associations. The redrafting of
the Supreme Court scale of costs has
been completed and the LIV’s cost
lawyers’ group has expanded. A new
manager commenced in June 2009
and plans are underway to rationalise
the service.
The service’s major project continued
to be the management and coordination
of the court education program at the
Supreme and County Courts. This
program provides the main excursion
venues for VCE legal studies students.
It also conducted the annual School
Lecture Series and assisted in the
setting of legal studies examinations,
as well as providing a quarterly legal
update column to more than 1300
legal studies teachers, in conjunction
with the Victorian Commercial
Teachers Association.
The service continued to provide
information about careers in law to
secondary schools and TAFE colleges
across Victoria using a series of
information files and an updated
careers video.
Another highlight was the annual
Careers in Law Expo, held as part
of Law Week in May 2009.
This event focuses on young people
and their parents and was again well
supported by RMIT University.
The education liaison program is
strengthened by its partnerships with
organisations including the Institute
of Legal Executives, Court Network,
the Parliament of Victoria and TAFE
educators servicing the legal sector.
The financial support of DEECD and
the Legal Services Board is gratefully
acknowledged.
Ethics
Health and wellbeing
The Ethics Department continues to
provide confidential advice, summaries
of recent case law, presentations on
ethical principles and solutions to
practical problems faced by the legal
profession.
The LIV continues to offer a range
of personal support services to help
members through difficult times.
The department acknowledges and
thanks the Legal Services Board for
its financial support.
Overall in FY2009, there was greater
demand for the department’s services
compared with the previous year.
The department’s telephone
advice line experienced increased
use, answering more than 1084
enquiries over 360 hours. More
than 1400 practitioners attended
the department’s educational
seminars, and the Ethics
Committee, which is almost as
old as the LIV, delivered more
than 31 rulings to practitioners
seeking practical guidance.
The department has developed a new,
three-year ethics education syllabus.
Practitioners can choose one of three
modules, which cover topics including
confidentiality, conflicts of interest,
capacity, retainers, liens, communications
and undertakings. The presentations
are designed to encourage audience
interaction and participation and to help
practitioners resolve ethical problems
through robust discussion and debate.
Mental Health First Aid
One of the highlights of the year has
been the introduction of the Mental
Health First Aid (MHFA) program.
Mental health first aid is provided to
a person developing a mental health
problem or in a mental health crisis.
While people often know a lot about
common physical health problems,
there is widespread lack of knowledge
of mental health issues. This lack of
knowledge adds to the stigma of mental
health problems and prevents people
from seeking help.
The Mental Health First Aid training
course has been developed by the
Centre for Mental Health Research.
The two-day course provides
information about depression, anxiety
disorders, psychosis and substance use
disorders. Participants receive a first aid
manual, all materials and a certificate of
attendance on completion of the course.
The LIV is able to run these courses
with the assistance of a grant from the
Legal Services Board.
beyondblue, the national not-for-profit
depression organisation, says one in
five people in Australia will experience
depression during their lifetime.
Lawyers, in particular, are at risk.
Following the development of key
relationships with other states and
territories, the department has provided
input into the creation of the new
National Professional Conduct Rules.
Research undertaken in 2006 found:
The department’s focus is on
consolidating its position as the
leading provider of ethics support and
education in Victoria. It aims to do this
by officially launching the new threeyear education syllabus in August
2009, and by increasing its capacity
to deliver timely advice and guidance
to members in need.
– a high rate of professionals using
alcohol or other drugs to manage
symptoms of depression or sadness;
and
LawCare
LawCare, the LIV’s confidential
counselling service for the legal
profession, helps members deal with
personal problems. The LawCare service
is run by a professional psychologist
and the cost is subsidised by the LIV.
In FY2009, more than 70 people sought
help using this valuable service.
Senior and junior counsellors
Senior counsellors are experienced,
older practitioners appointed by the
LIV to provide confidential, unbiased
and free support for members on
ethical and practical legal issues.
Junior counsellors are available to
provide confidential advice to other
younger lawyers on a range of topics,
such as career assistance, interpersonal
issues and referrals to other
organisations.
Members’ advocate
The LIV members’ advocate service is
a confidential member service run by
an experienced senior practitioner with
expertise in professional conduct issues.
The members’ advocate can provide
assistance in dealing with a range of
issues, such as:
– complaints received against
individuals or practices;
– disciplinary matters; and
– complex client relationship issues.
– a high prevalence of depression
symptoms in lawyers working in
law firms (particularly compared
to other professional groups);
– negative attitudes towards depression
within the professions.
Did you know
In declaring the LIV’s new
premises at the corner of Little
Collins and McKillop Streets open
at a ceremony on 18 September
1924, Acting Chief Justice Sir Leo
Cussen congratulated the LIV on its
“splendid progress” and expressed
gratitude at the fact the relations
between the judiciary and the LIV
were most cordial. He said there
was no doubt the LIV exercised
a healthy influence over the
profession generally and also
did good work in public affairs.
Member Services (continued)
Human resources
legalsuper
The Human Resources Department
provides the full range of internal
human resource services for the LIV.
The department also offers members
access to a phone and online information
service. This service is primarily for
small to medium firms who are
unlikely to have access to this type
of information in house. Typical
inquiries are around pay rates,
entitlements (eg sick leave, maternity
leave), conditions of employment,
how to handle difficult situations
and poor performance. The HR
information service answers more
than 1000 calls each year.
legalsuper helps members of the legal
profession maximise their retirement
savings. It was established in 1989
by the Law Institute of Victoria as
the industry fund for the Victorian
profession. As an industry fund, it
exists solely to make profits for
members and its aims and functions
revolve around this core belief.
In FY2009 the focus has been on
changes to the workplace relations
environment following the introduction
of the Fair Work Act 2009.
The past year has also seen a
dramatic shift in the employment
environment due to the economic
downturn. Concern about job
security and a contraction in
the legal services employment
market have resulted in much
lower job turnover, both within
the LIV and across the legal
profession.
In the six months to 27 April 2009,
there was a 50.8 per cent reduction
in the number of Victorian legal jobs
advertised on the seek website over
a 30 day reporting period.
It is anticipated the number of jobs
advertised will stabilise or continue to
decline slightly as firms evaluate their
needs during these uncertain times.
FY2009 highlights include:
– retained platinum rating (puts
legalsuper in top 15 per cent of
210 funds rated by SuperRatings);
– Blake Dawson Partners
Superannuation Fund incorporated
into legalsuper;
– Victorian Bar Superannuation
Fund incorporated into legalsuper;
– funds under management increased
15 per cent;
– 31 per cent increase in net new
members;
– 25 per cent fewer exits from the fund;
– investment expert appointed; and
– new board members appointed
including Hugh Macken (NSW Law
Society immediate past president),
Phil Kennon QC (Victorian Bar
Superannuation Fund former chair)
and Emma Maiden (a lawyer in Slater
& Gordon’s Sydney office).
Focus areas for FY2010 include:
– maintaining top quartile investment
performance;
– ramping up member education
initiative to better inform the
profession about superannuation
and related retirement issues;
– increasing membership nationally
above 30 per cent;
– continuing to survey and consult
with the legal profession to provide
accurate, accessible and accountable
service.
Legal Assistance
Scheme
The LIV Legal Assistance Scheme is a
pro bono referral service administered
by the Public Interest Law Clearing
House (PILCH) and overseen by the
LIV’s Access to Justice Committee.
The scheme is dedicated to ensuring
disadvantaged and marginalised people
in the community gain access to legal
advice and representation. They are
referred to participating LIV members
who work on a pro bono basis.
Applicants are eligible if their residence
or action is based in Victoria, if the legal
matter is meritorious, if they cannot
afford to pay for legal assistance or
they cannot obtain assistance from
another source such as legal aid.
In FY2009 the scheme received
950 inquiries and referred 97 matters
to solicitors for advice and/or
representation. The matters referred
included employment law, family law,
criminal law, and immigration and
deportation cases.
Scheme staff organised Coroner’s Court
training, promoted the scheme during a
visit to Warrnambool, spoke to Deakin
University students and attended the
National Pro Bono Access to Justice
Conference in Sydney.
Scheme staff undertook extensive policy
work including PILCH submissions
regarding the Sex Discrimination Act
(Cth) 1985 and the Parliamentary
Law Reform Committee Inquiry into
Vexatious Litigants. The scheme manager
also appeared before the Parliamentary
Vexatious Litigants.
The scheme thanks the members of the
Access to Justice Committee for their
support, the Legal Services Board for
its financial assistance and participating
LIV members who have made a
significant contribution to ensuring the
principles of equal access to the courts
and equality before the law are upheld.
Library and
information services
The LIV library provides access to
quality, value-added information
services which help practitioners
maintain and increase their knowledge
in the practice of law.
In the past year, the LIV library
assisted in researching historical
events commemorating the LIV’s
150th anniversary. It provided past
annual reports and memorabilia for
articles in the Law Institute Journal.
Library staff have extensive experience
in undertaking legal research. In
FY2009, librarians dealt with more
than 1600 requests for research
and document delivery services. A
comfortable research environment
encourages members of the legal
profession to access the assistance
provided by the LIV librarians and
utilise library resources and facilities.
The LIV library features an extensive
collection of print and online
resources and the library actively
promotes inter-library lending services.
A wide range of legal materials are
available for loan. Implementation of
new library management and request
management systems has improved
the library catalogue and access to
research services. Members are able
to renew material online at their
convenience and can reserve or request
items to be collected, posted or sent
via DX from the library. The library
continues to support the information
needs of the profession with external
access to online resources such as
Heinonline and Informit.
The research and internet training
programs developed and delivered
by LIV librarians remain a valuable
service for members. In addition to
classes and workshops conducted
on site at the LIV, regional training
was undertaken in Kyabram and
Warrnambool in the past year. More
than 260 legal practitioners attended
research and internet training programs
during the year.
Referral Service
The Legal Referral Service receives
more than 2000 requests a month from
members of the public requiring legal
assistance. Through both phone and
online facilities, the service connects
clients to appropriate solicitors using
criteria such as the area of law required,
geographic location and preferred
language. Member firms have exclusive
access to this cost-effective business
development tool, which directs targeted
referrals to their practice area.
The Legal Referral Service also provides
members with lawyer-to-lawyer referrals
for cases where a practice is unable to
respond to a matter.
The service is promoted extensively
through legal and professional advice
services, Small Business Victoria’s
Find an Adviser directory, newspaper
advertising and promotion on the
LIV website.
Bushfire Legal Help volunteer Joel Townsend
at the Diamond Creek centre. A number
of centres were staffed by legal volunteers
following February’s devastating bushfires.
In FY2009, the service was
proud to join forces with several
legal support organisations to
form Bushfire Legal Help, which
provided free legal support to
victims and survivors of the
bushfires. Since February
2009 more than 500 legal
practitioners have volunteered
their time and expertise to assist
more than 1600 callers.
The service acknowledges the financial
support of the Legal Services Board.
Did you know
It was in 1999 that the perception
of lawyers as honest and ethical
received a boost, after years of
declining figures. In an annual
survey of which professions are
the most respected, the legal
profession recorded one of the
largest increases, with 34 per cent
of those surveyed saying lawyers
were honest and ethical. This was
an 8 per cent increase on the
previous year, where only 26 per
cent of people respected lawyers.
The 1998 figure was the lowest
recorded for the profession since
the survey was first done in 1976.
Representing the intellectual capital of members and legal staff, the Legal Policy
and Practice (LPP) Department is widely regarded as the “think tank” of the LIV.
It supports 68 committees, dedicates resources to legal policy development and
provides practice support.
One of LPP’s main roles is to undertake
research in response to government
activities and at the request of the
Council, executive, committees,
the Future Focus portfolio, and
LIV members. Legal policy work is
performed by way of lobbying and
law reform initiatives, which in
FY2009 resulted in 119 submissions
to government, statutory authorities,
the courts and other organisations.
LPP also keeps members and the
community informed about recent and
proposed changes to the law. Further
practice support in substantive areas
of law is offered to members via annual
conferences, CPD events, Section web
pages, regular electronic and hardcopy
newsletters, and the LIJ.
In addition, LPP manages the LIV’s
property inquiry line, which fielded
1273 telephone inquiries in FY2009.
It also manages the LIV Costing
Service, which dealt with more than
1500 telephone inquiries from
members and the public.
Significant issues and achievements
in the past year included:
– development of a Mentoring Peer
Support Program to provide ad hoc
or ongoing mentoring and peer
support by registered mentors;
– drafting of a new Supreme Court
scale of costs for submission to
the Chief Justice on behalf of the
Victoria Law Foundation and the LIV;
– a series of community presentations
on “Understanding Family Law” and
“Life Legals” funded by the Victoria
Law Foundation and rolled out to
suburban and regional communities;
– establishment of a Supervised
Workplace Training Guide and
Workbook which assists supervisors
to plan training programs and offers
a practical competency workbook
in which trainees can record
completed work;
– public inquiry presentations, which
included meetings with government
departments and stakeholders on the
Vexatious Litigants and the Inquiry
into Redundant Corporations Laws;
and
– beginning an Interpreters’ Fund
Scoping Project with Victoria Law
Foundation backing to examine
the extent of unmet demand for
funding of interpreter services in
civil litigation and enable the LIV
to make recommendations to
government for the establishment
of an interpreters’ fund.
LPP acknowledges the Legal Service
Board for financial support.
Administrative Law
and Human
Rights Section
Total submissions: 26
The Administrative Law and Human
Rights Section addresses a broad
range of legal issues including
administrative review, constitutional
law and general human rights issues.
It deals with matters relevant to
the Human Rights Charter as well as
Indigenous affairs, refugee, migration,
health, disability and discrimination law.
The Section advocates for reform and
raises awareness about human rights and
social justice issues among lawyers and
in the community. It is the LIV’s primary
avenue for members to engage in, effect
and understand change in the areas of
human rights, administrative review,
constitutional law and policy.
In FY2009, major submissions were
made on federal issues such as a
national Human Rights Act or ‘Charter’;
immigration detention in Australia
and refugee policy; temporary business
visas; review and reform of Australia’s
counter-terror laws, and freedom of
information laws.
In Victoria, submissions were made on
the reviews of the Mental Health Act and
the Victorian Civil and Administrative
Tribunal (VCAT) as well as on the new
Coroners Act and Assisted Reproductive
Treatment Act. Section members met with
a range of government officials on these
and other issues throughout the year.
The Section was pleased to collaborate
with the Young Lawyers’ Section to
screen A Well Founded Fear, a film about
rejected asylum seekers deported from
Australia. The event raised funds for the
Asylum Seekers Resource Centre.
Other events included: “International
Criminal Justice: rule of law or
realpolitik? Celebrating the tenth
anniversary of the creation of the
International Criminal Court” (in
conjunction with the International
Law Section); a panel discussion at the
Human Rights Arts and Film Festival;
“Unknown Territory: defending
Dr Haneef” (a moderated discussion
with Peter Russo); “Terrorism legislation
in the UK – An indepth discussion
with the independent reviewer Lord
Carlile”; and “Streamlining judicial
review and appeals: a briefing by
Justice Kyrou”. The Section also
organised the annual Human Rights
Conference and supported a range
of professional development seminars
on migration matters.
Did you know
LIV president FR Gubbins Esq
wrote to Prime Minister Robert
Menzies as World War II broke
out “to inform you that if the
Government can now, or at any
time during the war assign to us
any task in which we may serve
Australia or the Empire usefully,
we shall not be found wanting
in diligent devotion to our public
duty”. The PM wrote back saying
he deeply appreciated the LIV’s
support.
Commercial
Law Section
Criminal Law Section
Elder Law Section
The CLS is concerned with the practical
and legal issues affecting the federal
and state criminal justice systems.
This Section focuses on a range of
issues affecting Australia’s growing
ageing population. These include
powers of attorney, capacity, wills
and probate, guardianship, taxation
and retirement law.
This Section focuses on state and
federal commercial law issues relevant
to practitioners dealing with business
and industry matters. It is a strong
lobbyist on issues affecting Victoria’s
business community.
Highlights for FY2009 include
submissions and representation on
the following issues:
– shareholder claims against insolvent
companies and the implications of
the Sons of Gwalia decision;
– improving fairness and integrity in
the tax system by tightening the
non-commercial loan rules in
Division 7A of the Income Tax
Assessment Act 1936;
– review of the uniform commercial
arbitration legislation;
– ATO proposal to remove the
Register of Private Binding Rulings;
– improving the integrity of private
funds (PPFs); and
– the Duties Amendment Bill 2008.
The Section will continue to represent
the interests of members and create
valuable commercial networking
opportunities for member firms
and their clients. The Section has
developed a broad education program
which includes firm project management
skills, taxation education and succession
planning to meet the business needs
of member firms.
The Section will work with members
to ensure they capitalise on growth
opportunities in these challenging
economic times.
Highlights from FY2009 include
participation in 15 external committees
and submissions on a range of issues
including suspended sentences,
sentence indications and discounts,
family violence, and various aspects
of criminal procedure.
The Section regularly responds to
media requests for information and
interviews on a range of issues relating
to criminal law, such as novel litigation,
frustration with the legal system, and
police powers (eg use of tasers).
The Section initiated a major campaign
for increased legal aid funding for
private practitioners, which resulted
in a 45 per cent funding increase
to Victoria Legal Aid (VLA) in the
Victorian budget. No increase was
received in the federal budget, and
the level of funding in Victoria remains
grossly inadequate to meet demand.
The Section will work with VLA to
lobby for increased federal legal aid
funding. Members of the Section are
also involved in a VLA Funding Steering
Committee, which is working alongside
VLA and the Victorian Bar to devise
a funding model that makes best use
of available funds.
Criminal law and procedure has been
completely revised with new legislation
likely to come into effect in October
2009 regarding investigation powers,
criminal procedure, offences and bail.
The Section is working with the Justice
Department to ensure the necessary
training for LIV members is timely,
appropriate and accessible. The Section
is also represented in workshops
planning the introduction of the
new legislation.
– hosting of 33 Life Legals seminars
on “Planning for a Secure Future”;
– facilitation of the annual Elder Law
Conference and the financial abuse
and capacity forum;
– development of a checklist
for practitioners dealing with
accommodation bonds;
– development of precedent letters
to medical practitioners seeking
assessment of capacity; and
– submissions in relation to the
accommodation bonds under the
Aged Care Act 1997 and the supported
residential services review.
Did you know
A survey of incomes and future
prospects in the legal profession
was held in December 1948. The
results, reported in the June 1949
LIJ, found that a “typical” solicitor
might expect to achieve an income
in the vicinity of 500 pounds a year
during his first two years in practice.
Within the next three years it would
not be unusual if his income rose
to about 750 pounds. It is quite
possible that he would not improve
much on this. Forty seven per cent
of solicitor-principals who had
practised for five years and longer
reported incomes of less than 1000
pounds for the year 1947-48.
Legal Policy and Practice (continued)
Family Law Section
This Section informs and supports
members through regular liaison
with the courts, government and the
community on family law matters.
– drafting the following submissions:
– responding to the Des Semple
report regarding the amalgamation
of the Federal Magistrates Court
and the Family Court;
– a submission on the proposal for
a national model to harmonise
regulation of surrogacy, drafted
with the Administrative Law and
Human Rights Sections;
– a submission on the Tobacco Effects
on Minors Bill 2007 relating to
the ban on smoking in cars with
children under the age of 18; and
– a submission on the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws – General Law
Reform) Bill 2008 (Cth) relating to
the elimination of discrimination
against same-sex couples and the
children of same-sex relationships,
drafted in consultation with the
Administrative Law and Human
Rights Sections.
– contributing to the Access to
Justice submission relating to
Victoria Legal Aid funding;
– lobbying Victoria Legal Aid in
relation to the selection and
retention of independent
children’s lawyers;
– facilitating various networking events,
continuing professional development
sessions and the annual conference
in October 2009;
– involvement in the publication of
an LIJ family law special edition in
November 2009; and
– participation in the Magistrates’
Court’s Family Violence Users Group.
Government
Lawyers’ Section
International
Law Section
This Section provides practical
support and networking opportunities
for legally qualified public sector
employees at all levels of government,
such as government lawyers and legal
policy officers.
The ILS supports members with
diverse legal experience across three
main focus areas: international trade and
commerce law, international arbitration
law and public international law.
– hosting another successful
government lawyers’ annual
conference with attendees engaged
in a full-day program including
practical sessions on briefing practices;
community action for government
lawyers; ethical discussions on “Who
is my client?” and “Government as
the model litigant”; and a keynote
address by the Victorian Ombudsman
on dealing with corruption;
– ongoing networking and career
information for law students,
graduates, young lawyers and the
wider LIV membership to highlight
legal career options in government
and the public sector;
– ongoing work to profile and
support government lawyers within
the profession, including their
involvement in the LIV mentoring
program and promotion of pro bono
work for government lawyers;
– advocating for government lawyers
on relevant practice issues including
national legal reform and practising
certificates, CPD rules and Law
Council of Australia representation;
and
– contributing to LIV submissions
on legislation, reforms and reviews
including the VCAT review, freedom
of information review, equal
opportunity laws, legal professional
privilege, and the federal inquiry
into whistleblower protections.
The Section provides a forum to identify,
discuss and analyse international law
issues and is a networking forum for
practitioners interested in international
law. The Section has developed good
relationships with relevant government
bodies, including the Department of
Foreign Affairs and Trade, Austrade,
the International Law Office of the
Attorney General’s Department and the
International Legal Services Advisory
Council (ILSAC). The Section also
works closely with the Law Council
of Australia (LCA).
In FY2009, submissions were made
on uniform commercial arbitration
legislation, parallel importation of books
and the review of Rules of Origin for
the Australia New Zealand Closer
Economic Relations Trade Agreement.
The LIV also made joint submissions
with the LCA on Australia’s antidumping system and to the inquiry into
opportunities for expanding Australia’s
trade and investment relations with
the countries of Asia, the Pacific and
Latin America. The chair of the
Section represents the LIV on the
ILSAC China Working Group.
The Section was pleased to host a
number of events in FY2009, including:
“International Criminal Justice: Rule
of law or realpolitik? Celebrating the
tenth anniversary of the creation of
the International Criminal Court”
(in conjunction with the AL&HR
Section); “Hong Kong – Information
& opportunities for Australian lawyers”;
“Infrastructure Investment in India
– Policy and legal structure”; and
“Australia’s Largest Market: Trading
with ASEAN post-FTA”.
Did you know
Suburban law associations did not
appear until the late sixties/early
seventies, when the number of
members practising in the suburbs
was nearly 1000.
Litigation Lawyers
Section
This Section represents its members
on issues affecting litigation practice,
including the process, cost and effect
of litigation systems and modes of
dispute resolution.
– representation on and submissions
to the Civil Procedure Advisory
Group, which is assisting the
Department of Justice to develop
and deliver reforms outlined in the
Victorian Law Reform Commission’s
Civil Justice Review Report;
– submission to the NADRAC inquiry
into alternative dispute resolution
in the civil justice system;
– submission to the review of the
Accident Compensation Act and
participation in stakeholder
consultations;
– submission seeking the repeal of
section 5(1)(b) of the Professional
Standards Act 2003 (Vic);
– submission on uniform proportionate
liability provisions;
– submission relating to the Accident
Compensation Act 1985 (Vic) –
serious injury certificates;
– submission relating to access to
police documentation in TAC matters;
– submission relating to Order 42A
Subpoena – Medical and Hospital
Records;
– submission relating to identity theft
and anonymisation policy; and
– submission relating to pre-hearing
conferences in the Magistrates’ Court.
Property and
Environmental
Law Section
Total Submissions: 18
PELS is one of the biggest LIV
practice sections, serving lawyers
working in environmental law, leasing
law, liquor law, hospitality law, planning
law, property law and succession
law. The Section focuses on practice,
procedure, legislation and law reform,
legal documentation and liaison with
government and other agencies.
FY2009 highlights and statistics include:
– submissions relating to the review
of the Planning and Environment Act
1987;
– formation of a liaison group with Land
Victoria representatives to discuss and
resolve property practice issues;
– liaison with the Small Business
Commissioner over an LIV proposal
for a commercial leases code for retail
and commercial tenancies in Victoria;
– revision of the widely-used LIV
commercial real estate lease;
– extensive communications with the
Growth Areas Authority regarding
the proposed Growth Areas
Infrastructure Contribution; and
– setting the program for the annual
Property and Environmental Law
Conference.
Small Practice
Support Section
The Section supports sole practitioners
and small practices and addresses
practice management issues facing
small and medium-sized practices.
– a survey on succession planning to
determine what resources would help
members;
– annual Small Practice Support
Conference;
– redrafting of the revised sale of
business contract in conjunction
with the Business Law Committee;
– input into the mentoring program
to be launched by the LIV in
August 2009; and
– provision of regular updates on
legal issues affecting trade practices,
taxation, business law, state duties,
property (real and personal),
intellectual property and information
technology.
In 2010, the Section will become the
Practice Support Section. The Section’s
main objective will be to promote best
practice in legal practice management, as
well as promoting business effectiveness
and profitability alongside high
professional standards.
In FY2010, the Section will consider:
– issues relating to the Retail Leases Act
2003 and lobby for amendments; and
– revision of a range of property
forms and precedents including the
memorandum of common provisions.
Did you know
On Thursday, 22 June 1978,
22 LIV members and senior staff
attending an evening Council
meeting ran for their lives as fire
ripped through the LIV’s building
at 465 Little Bourke Street. The
fire, which was deliberately lit,
destroyed files on some lawyers
under investigation and gutted the
LIV’s library as it burned through
the entire ground floor of the twostorey building. The four offices on
the second storey received some
fire and smoke and water damage
but most records remained intact
in their steel filing cabinets.
Legal Policy and Practice (continued)
Workplace Relations
Section
This Section supports practitioners
working in industrial relations and
employment law, equal opportunity
and discrimination law, and
occupational health and safety.
– involvement in workplace relations
discussion forums;
– participation in the annual
networking event with members
of the Industrial Bar;
– the annual conference which
included a debate titled: “Out of
hours conduct should be out of
bounds”;
– submissions relating to the national
review into model OHS laws, the
role of lawyers in Fair Work Australia,
the Victorian Workers’ Wages Protection
Act, paid parental leave and the senate
inquiry into the Fair Work Bill 2008;
– collaborative submission with other
practice sections on the VCAT
review; and
– a series of updates and CPD events
covering various aspects of the Fair
Work Bill/Act 2009 and the transitional
provisions.
Suits and the City networking event
Young Lawyers’
The Young Lawyers’ Section (YLS) aims
to enhance the legal skills, knowledge
and professional networks of members
in the early stages of their career. It has
more than 6000 members including
law students, trainees and those in
their first six years of practice.
The Section’s eight committees are
focused on law reform, professional
development, networking and social
interaction, community issues and
editorial initiatives, as well as the
interests of regional, suburban and
later lawyers.
The Young Lawyers’ team
produces professional, innovative
and beneficial programs
for members. It coordinates
networking projects and events
and works to raise awareness
among young lawyers in special
interest areas.
Members are kept informed via the
popular YLJ (Young Lawyers’ Journal)
and monthly lawBytes electronic
newsletter.
Highlights of FY2009 included:
– “LIV & Hanover Welfare Mooting
Competition” involving Supreme
Court judges and 46 young lawyers;
– redesign of the Young Lawyers’ Journal;
– “Suits in the City” networking
event run in partnership with CPA
Australia, ICAA and the Melbourne
Junior Chamber of Commerce;
– a networking program which
matched young lawyers with
experienced practitioners;
– a seminar series educating young
lawyers on human rights issues;
– successful social events including
the “Legal Fun Run and Power Walk”
(more than 1200 participants), the
“Legal Comedy Debate” (more
than 850 attendees) and the annual
trivia night (220 attendees); and
– a range of regional and suburban
networking and social events.
The team will increase its environmental
focus in the new financial year with the
launch of the Green Practice Project.
It will also maintain its commitment to
engaging with members and responding
to young lawyers’ needs through the
YLJ and various committee projects
and initiatives.
Did you know
It was in December 1929 that a
proposal by LIV executive officer
CH Lucas began advocating
in the LIJ and the media for the
establishment of an indemnity
fund. Mr Lucas’ proposal was a
form of compulsory insurance
against professional dishonesty
and aroused great interest in legal
circles. Mr Lucas contended that
victims of professional dishonesty
are entitled to restitution and
an indemnity fund would make
restitution possible. In August 1930
the LIV took action to set up the
indemnity fund.
Educating the profession
Continuing Professional
Development
The LIV’s Professional Development
Department works together with other
LIV business units to identify the main
issues affecting legal practitioners.
A range of education activities are
developed in response to these issues
and are delivered through a range of
face-to-face and online channels.
On 1 April 2008, a two-tiered regulatory
CPD regime commenced operation.
It comprises the Continuing Professional
Development Rules 2008 of the Legal
Services Board and the Law Institute
Continuing Professional Development
Rules 2008. All Victorian legal
practitioners, are required to complete
a minimum of 10 CPD units per CPD
year (1 April to 31 March). At least
one CPD unit must be completed in
each of the four compulsory fields of
ethics and professional responsibility,
professional skills, practice management
and substantive law.
The LIV’s CPD program provides
practitioners with the opportunity to
enhance their legal expertise and further
shape the direction of their career and
business, while meeting and discussing
professional issues with peers.
It features:
– an annual conference program
focused on practice areas;
– a regional conference program
negotiated with the law associations;
– legal updates and seminars;
– professional skills training workshops;
– practice management training; and
– a range of online modules focusing
on governance issues.
In FY2009 the range of online modules
was expanded, podcasts of education
activities were developed for sale and
videos of other activities were also made
available for sale. About 2000 more
units (hours) of CPD were delivered
in FY2009 than in the previous year.
The LIV extended its relationship
with the Federation of Community
Legal Centres by developing a tailored
compliance program for about 120
practitioners. The three hour program
was delivered via videoconferencing
to eight sites across Victoria. This
was delivered at no cost to support
the work of the Federation.
Work towards a national CPD program
will continue in the new financial year,
along with an increased focus on quality
assurance and targeted assistance.
A number of practical workshops have
been developed to provide support
and strategies to practitioners in these
challenging economic times.
Accredited
Specialisation
To be awarded Specialist Accreditation
practitioners must successfully complete
a written examination, a take-home
assignment and participate in a
simulated client meeting. Each of the
assessment tasks is developed by an
Advisory Committee in that area of
practice. The Advisory Committees
comprise senior practitioners who
have achieved Specialisation, academics
and members of the Victorian Bar.
The LIV celebrates the 20th anniversary
of the Accredited Specialisation program
in 2009. This year the LIV has offered
Accredited Specialisation assessment in
six areas of practice to suitably qualified
practitioners in Victoria, Tasmania
and South Australia. Our Advisory
Committees have worked collaboratively
with Queensland and NSW to develop
and deliver a national program of
assessment tasks in Mediation, Taxation
Law and Family Law.
In 2009, a new area of Specialisation
has been introduced, Costs Law,
which will deliver assessment in 2010.
This takes the total number of areas
of Specialisation to 14 and the total
number of LIV Accredited Specialists
to 780.
A “rule review” of the Specialisation
Rules is underway and is due to
be completed by the end of 2009.
Discussions are also underway with
several professional associations
and tertiary institutions to develop
“mutual recognition” agreements.
There have been some changes to
the composition of the Specialisation
Board which have resulted in a Board
with equal numbers of male and
female practitioners. The Board is
currently chaired by David Brett.
College of Law Victoria
The College of Law is a national
institution offering a combination of
online and face-to-face practical legal
training as a path to admission in a
number of Australian legal jurisdictions
including Victoria.
The Victorian program, offered in
conjunction with the LIV, complies
with national prescription, is based on
Victorian law, practice and procedure
and contains a work experience
component. It is accredited by the
Council of Legal Education. The
coursework component of the program
may be undertaken full-time (15 weeks)
or part-time (30 weeks) and students
are encouraged to do the part-time
course if they are also working. On
completion, graduates are awarded
a Graduate Diploma in Legal Practice
and a Certificate of Completion which
meets the practical training requirement
for admission to practice in Victoria,
New South Wales, Queensland or
Western Australia.
In FY2009, the College of Law
Victoria (CLV) assisted more than
500 law graduates, representing
a 60 per cent jump in student
numbers from the previous year.
Of these, 205 students undertook
the program with the cooperation
of the firms at which they were
working. The teaching staff at the
CLV increased from five in 2008
to nine in 2009. All are lawyers
with at least five years experience
and are well trained in online and
face-to-face teaching of adults.
The CLV also supports law graduates
and firms under the new traineeship
scheme, with ten students enrolling in
the program since the new scheme was
introduced in July 2008.
Did you know
Have you seen the LIV crest? An
application was made to the Earl
Marshal of England for a grant of
armorial bearings and on 20 June,
1961 the coat of arms was granted
to the LIV. It bears the seals of the
three Kings of Arms: Norroy and
Ulster, Garter and Clarenceux.
Marketing, Media and Communications
The LIV engages with its members, the legal sector and the community through its
media and publications departments.
The marketing communications and business development and Publications departments
support other LIV departments and activities to grow membership and revenue and
manage the LIV’s corporate identity.
eMarketing
Events
The eMarketing Department oversees
the development, presentation and
delivery of the LIV’s websites and
electronic communications. This
involves the following responsibilities:
The Events Department provides a
full program of events and activities
designed to enhance the social and
professional networks of LIV members
and the legal profession. A dedicated
team of event specialists is involved in
advising, planning and executing
a diverse range of legal, networking,
cross industry, recreational and special
interest activities for members, the
profession, associated organisations
and the public.
– management of the LIV corporate,
Bookshop, Careers in Law and
CPD websites;
– liaison with all LIV departments
regarding web content updates;
– creation and distribution of all
electronic direct mail campaigns
(including Friday Facts, eLegal,
whatsOn and lawBytes);
– promotion of LIV products, services
and activities through online channels;
– recommendations regarding
e-communications best practice; and
– support for other legal partner
websites including Legal Executive
and Collaborative Professionals
Victoria.
The utility and popularity of LIV
websites is reflected in the FY2009
statistics.
LIV websites total hits FY2009:
– LIV 40,897,901
– Careers in Law 1,931,366
– Bookshop 5,105,749
– CPD 3,798,684
–Total 51,733,700
The eMarketing team, which
acknowledges the financial support
of the Legal Services Board, is
undertaking a website redevelopment
project that will see a new contemporary
design, improved search and navigation
functions, and other features
including a new My LIV portal.
In FY2009, the events team delivered
64 events to more than 9000 registered
attendees. Of these events, 24 were
aimed specifically at young lawyers,
who made up 1900 of the total
number of event attendees.
FY2009 highlights included:
– a 16 per cent increase in event
attendance;
– continued success of the President’s
Leadership Lunch series, featuring
influential guest speakers such as then
High Court Justice Michael Kirby,
federal Attorney-General Robert
McClelland and Victoria’s chief of
police Simon Overland;
– strong support for the annual
“Partners in Business” and “Dame
Roma Mitchell Memorial”
networking lunches;
– record attendance at the annual
“Legal Fun Run and Power Walk”
and “Legal Comedy Debate”;
– the growing popularity of “Serving
Up Insights” breakfast event series;
– increased involvement in public and
community events including Small
Business Victoria’s Energise Enterprise
Festival, the Human Rights and Arts
Film Festival and the Melbourne
Writers Festival;
– legal discussion forums addressing
Australia’s refugee policy, human
rights, international criminal justice,
terrorism laws, alternative dispute
resolution, workplace awards, and
Legal Ethics winner Adrian Evans, Government
Lawyers winner Mary Scalzo, Accredited
Specialists winner David Brett and Regional
Lawyers winner John Irwin
international trade and opportunities; celebration of members’ achievements
through the LIV’s “150th Anniversary
Gala Dinner”, “Legal Profession
Awards”, “Reception for Newly
Admitted Lawyers”, and the “Accredited
Specialists Conferral Ceremony”; and
– a range of networking opportunities
for government, Indigenous, family,
workplace relations, criminal and
community lawyers.
Did you know
The LIV was the first Australian law
society to launch into television
advertising in the late 1970s. Ads
were aimed at directing people’s
attention to their legal rights and the
ways in which lawyers could help.
Graphic design
The Graphic Design Department helps
the LIV communicate information in
visual form to members and the public
via creative design solutions. It designs
printed and online communication and
marketing material to promote a wide
range of LIV products and services.
The department was established in
July 2008 in recognition of the growth
in workload and scope of the graphic
design function. Until then, it was split
between the Publications and Marketing
departments. As a result, there is a more
integrated approach to the LIV’s graphic
design activities, more efficient and
effective management of the workload
and less reliance on contract staff.
In addition to designing the LIJ,
the graphics team designed and
produced more than 600 items
from brochures and flyers to
catalogues, advertisements and
web graphics in the FY2009.
The main design achievement involved
a suite of promotional material to
celebrate and inform members and the
public of the LIV’s 150th anniversary.
The department designed the LIJ’s
special 150th anniversary edition in
March 2009, display banners celebrating
key events, anniversary dinner
invitations, menus and place mats etc.,
as well as the 150th logo for stationery,
the Directory/Diary covers, and website
and electronic newsletter graphics.
Other work included:
FY2009 highlights included:
– a redesign of the Young Lawyers
Journal with a more contemporary
aesthetic;
– a highly successful update-your-details
campaign with a response rate above
30 per cent;
– a membership renewals campaign
with membership cards highlighting
the benefits and importance of
LIV membership;
– a successful renewals campaign, which
maintained membership targets;
– promotional material for new online
trust accounting software (including
user manual and advertising);
– 11 editions of the LIJ;
– the LIV Legal Awards;
– the LIV Privileges campaign;
– the Supervised Workplace Training
handbook;
– Diary/Directories; and
– the FY09 annual report.
Focus areas for the next year include:
– design support for the LIV website
redevelopment;
– member acquisition campaigns; and
– improving the standard of all LIV
print and web communications.
Marketing
communications and
business development
Responsibilities include strategic
marketing, marketing communications
and related services. All are aimed
at supporting LIV departments and
activities to grow membership and
revenue and manage the LIV’s
corporate identity.
MARCH 2009
Providing strategic and tactical
marketing support, the MCBD team
performs the following functions:
1859-2009
LIJ 83.03
INFORMATION FOR LAWYERS
– marketing communication strategy
and planning;
15 0 Y E A R S O F S E RV I C E A N D AC H I E V E M E N T
150 YEARS OF
SERVICE AND
ACHIEVEMENT
– campaign planning and development;
– copywriting, editing, design and
production of marketing material;
– advertising and direct marketing;
– commercial benefits and sponsorship
program;
– business development; and
PP349018/00013 ● ISSN 0023-9267
– marketing advice.
RRP $20
www.liv.asn.au/lij
w w w. l i v. a sM
n .AaRuC/Hl i2j 0 0 9
– product launches including LIV Trust
Accounting Online and Supervised
Workplace Training Guide and
Workbook;
– increased sales for LIV Legal Referral
Service and the Bookshop;
– increased legal referral requests from
the public;
– CPD education activity and revenue
growth;
– maximising registrations to ensure
events were cost neutral;
– aligning sales and marketing by
establishing joint reports to measure
marketing and sales activity;
– successfully cross promoting our
services through a 12 month
marketing communications plan;
– separating sponsorship into
event, online, CPD and corporate
sponsorship to maximise growth;
– increasing the value-add of
membership by securing $25,000
in sponsorship from LIV Privileges
partner American Express for
registration prizes and bookshop
purchases; and
– ongoing effort to strengthen the
LIV’s corporate identity.
Did you know
In a circular on 16 May 1927, LIV
members were informed that the
LIV had made arrangements to
publish the Law Institute Journal,
“which as you know by our
annual reports, has been under
consideration for some years past.
The first issue will appear on
1 July and it will consist of
12 pages of reading matter and
12 pages of advertising. The only
reason that the journal was not
issued in previous years was the
desire to stabilise the finances
of the LIV, having regard to its
commitments in the purchase
of Law Institute House.”
Marketing, Media and Communications (continued)
Media
Publications
The media centre provides the
media with access to specialist legal
commentators including the LIV
president, CEO and chairs of Sections
such as the Criminal Law Section
and Commercial Law Section.
The LIJ (Law Institute Journal ) was first
published in July 1927, when the LIV
had been in existence for 68 years. As
the official publication of the LIV, a
key function of the monthly LIJ is to
document the workings of the LIV,
its staff and members.
It also provides media releases,
speeches, and comments on a range
of legal issues and events such as the
President’s Leadership Lunch series,
which attracted guest speakers
including Victoria’s chief of police
Simon Overland and former High
Court Justice Michael Kirby.
The media centre coordinates lobbying
activities and events, plus the release
of strategic information including
submissions. It provides support to
the LIV president, CEO, Council and
members and publicise their activities.
The LIV was quick to respond to the
legal needs of victims of the Black
Saturday bushfires in February 2009.
It is a partner in the Bushfire Legal
Help program, which provided free
legal advice at relief centres, ongoing
advice through a phone line and
pro bono referrals to private legal
practitioners. The LIV provided the
media spokesperson for Bushfire Legal
Help, who produced and coordinated
information for the media, and
conducted interviews both locally
and overseas. We also assisted with
the preparation of a free online
Bushfire Legal Help Handbook and
provided information for the website
www.bushfirelegalhelp.org.au
The LIV is committed to achieving
a better deal for Victoria through
the Commonwealth-State Legal Aid
agreement and the public affairs
manager is instrumental in these
lobbying efforts. The media centre will
build on its activities this year, which
included organising a public rally of
LIV and Victorian Bar criminal legal
practitioners outside the County Court;
coordinating public information and
harnessing support from other agencies.
To mark the sesquicentenary of the
LIV (1859-2009), the LIJ reported
on the history of the LIV in its March
2009 edition and in subsequent editions
has reported on LIV events which have
celebrated the organisation’s 150 year
history. (To see copies of these LIJ
articles online go to www.liv.asn.au/
about/history).
Each year, many members of the
profession generously contribute
freely their time and expertise to the
LIJ, either by writing feature articles
or columns or by peer reviewing
material. The prestigious annual Rogers
Legal Writing Award for best feature
article was awarded to TressCox
Lawyers partner Jason Newman for
“Edukashonal negligence” (January/
February 2008 LIJ, page 34). A high
commendation was awarded to
Deakin University lecturer and
barrister Oscar Roos for his article
on Victoria’s Charter of Rights,
“Dancing with a gorilla” (January/
February 2008 LIJ, page 46).
The LIJ itself received an award at
the annual Legal Reporting Awards in
May when it won the Best Illustration
category for an illustration accompanying
the feature story “For the court’s eyes
only” (December 2008 LIJ, page 52).
Bushfire Legal Help Handbook
During FY2009 the Publications
Department worked with the Young
Lawyers’ Section (YLS) to redesign
and relaunch the YLJ (Young Lawyers
Journal ). The new look publication
was launched in June. Publications
also worked with the YLS on the
Supervised Workplace Training Guide
and Workbook which has proved to
be an invaluable and popular resource
for young lawyers negotiating the
change from articles of clerkship
to supervised workplace training.
In addition, the Publications
Department continued its work on
the annual Diary/Directory series,
the LIV annual report, the weekly
electronic newsletter Friday Facts
and other publications.
Did you know
The Victorian legal profession
gathered at the LIV on 13 February
2008 in an emotionally-charged
morning to commemorate the
federal government’s apology for
past injustices to Aborigines. More
than 130 people attended the
LIV-organised event.
Professional Standards
The structure of the LIV Professional
Standards Department reflects the
functions and powers of the Legal
Services Commissioner (LSC) and
the Legal Services Board (LSB)
under the Legal Profession Act 2004.
The Complaints Department investigates
disciplinary complaints made against
legal practitioners and attempts to
resolve civil disputes that have been
referred and delegated by the LSC.
The department also handles the
prosecutions of legal practitioners
at VCAT.
The LIV has also been delegated
functions under Part 2.4 of the Act
including the issue, suspension and
cancellation of practising certificates
to non-advocate legal practitioners.
It undertakes compliance checks
in accordance with the LSB’s CPD
policies and reporting requirements.
Since December 2005, the LSB has
delegated to the LIV the function of
appointing inspectors to investigate
law practice trust accounts under
Part 3.3 of the Act and also the
investigation of offences contrary
to the Act, including unqualified
practice allegations. The LIV reports
back to the LSB on each investigation.
The LIV External Intervention
Department provides services to the
LSB under Chapter 5 of the Act.
The LSB refers claims on the Fidelity
Fund to the LIV for investigation,
reporting and recommendation in
accordance with Part 3.6 of the Act.
The Litigation Department provides
litigation support to the LSB.
Did you know
Organising any event is a task
where one usually operates by
the rule that if something can go
wrong it will. And this seems to be
a plaint for the ages. Take an item
that appeared in the May 1959
LIJ, entitled “A whinge, by a man
entitled to indulge it”. “Experience
in organising the recent Centenary
Ball provokes the following
comments, which may be of
assistance to organisers of similar
functions in the future.
1. Don’t assume that because Tom,
Dick and Harry apply for a table
for six, the number in their party
will remain at six.
2. Don’t work out the number
of tickets anyone requires
by reference to the amount
of the cheque send with the
application.
3. Ignore telephone applications.
4. Don’t allot tables until four days
before the Ball” etc. etc.
Council and committees
as at 30 June 2009
Law Institute of Victoria executive office bearers (elected)
President – Danny Barlow
President-elect – Steven Stevens
Vice-president – Caroline Counsel
Immediate past president – Anthony Burke
Fifth executive member – Michael Holcroft
Danny Barlow (President) Steven Stevens
(President-elect)
First elected to Council as a casual
vacancy in 2005, re-elected in 2005
and December 2008. Duration of
current term is 3 years to expire
on 31 December 2011.
Country category
LIV committees
Access to Justice Committee (ex-officio),
Accident Compensation Committee
(ex-officio), Audit Committee
(ex-officio), Awards Committee (exofficio), Collaborative Law Committee
(ex-officio), Costs Policy Committee
(ex-officio), Continuing Professional
Development Compliance Advisory
Committee (ex-officio), Country Law
Association Committee (ex-officio),
Ethics Committee (ex-officio), LIJ
Editorial Committee (ex-officio),
Medico Legal-Joint Standing Committee
(ex-officio), Rules of Practice Committee
(ex-officio), Specialisation Board
(ex-officio), Suburban Law Association
Committee (ex-officio), Flexible
Work Practices Committee (ex-officio),
Inhouse Counsel Strategy Committee
(ex-officio)
LIV portfolios
Constituent Liaison Portfolio (chair),
Justice Portfolio (ex-officio), Education
Portfolio (ex-officio), Corporate
Governance Portfolio (ex-officio), Future
Focus Portfolio (ex-officio), Membership
Marketing and Communications
Portfolio (ex-officio)
Council meetings attended: 9/12
Caroline Counsel
(Vice-president)
First elected to Council in 2003,
re-elected in 2004, and 2008. Duration
of current term is until 31 December
2011.
vacancy in 2006, re-elected in 2006.
Duration of current term is until
31 December 2009.
City category
City category
LIV committees
Access to Justice Committee, Audit
Committee, Ethics Committee, Rules
of Practice Committee (chair)
LIV committees
Audit Committee (chair), Collaborative
Law Committee, Ethics Committee
LIV portfolios
Justice Portfolio, Corporate Governance
Portfolio (chair)
External representation
Legal Services Board (LSB) Committee
LIV portfolios
Membership, Marketing &
Communications Portfolio (chair),
Future Focus Portfolio
Council of Legal Education Secretariat
(Chief Justice), Board of Examiners
Michael Holcroft
(5th executive member)
vacancy in 2008, re-elected in 2008.
31 December 2010.
Country category
LIV committees
Audit Committee, Country Law
Association Committee
LIV portfolios
Future Focus Portfolio (chair),
Corporate Governance Portfolio
Anthony Burke
(Immediate past
president)
and 2007. Duration of current term
is until 31 December 2010.
(Resigned from Council August 2009)
Suburban category
LIV committees
Audit Committee, LIJ Editorial
Committee, Suburban Law Association
Committee
LCA director (2009)
Iresha Herath
Date elected to Council 2007.
31 December 2010.
Corporate category
LIV committees
Access to Justice Committee, Flexible
Work Practices Committee, Inhouse
Counsel Strategy Committee
Brigid Jenkins
(commenced 1
January 2009)
First elected to Council in 2008.
31 December 2009.
Legal Aid category
LIV portfolios
Constituent Liaison Portfolio, Future
Focus Portfolio, Justice Portfolio
LIV committees
Collaborative Law Committee,
Compliance Advisory Committee, Ethics
Committee
Catherine Gale
and changed category during 2004,
re-elected in 2004 and 2007. Duration of
current term is until 31 December 2011.
City category
LIV committees
Audit Committee, Collaborative Law
Committee (chair)
LIV portfolios
Victoria Law Foundation director,
College of Law Victoria director, LCA
Executive (2009), LCA Harmonisation
Committee chair, LCA Anti-Money
Laundering Committee chair, LCA
Equal Opportunity Briefing Policy
Working Group, LCA Alternative
Dispute Resolution Committee, LCA
Collaborative Practice Committee chair
Aurora Kostezky
re-elected in 2003 and 2006. Duration
of current term is until 31 December
2009. If re-standing in 2009 it will need
to be within the corporate category.
City category
LIV committees
Compliance Advisory Committee, LIJ
Editorial Committee, Specialisation
Board, Flexible Work Practices Committee
(chair), Awards Committee (chair)
LIV portfolios
Education Portfolio
Council and committees (continued)
Anthony (Tom) May
Conor O’Brien
re-elected in 2003 and 2006.
31 December 2009.
31 December 2010.
City category
LIV committees
Audit Committee, Awards Committee,
Ethics Committee, Rules of Practice
Committee
Suburban category
LIV committees
Compliance Advisory Committee, LIJ
Editorial Committee, Suburban Law
Association Committee
John O’Callaghan
(commenced 14
May 2009)
First elected to Council in May 2008
as a casual vacancy. Duration of current
term is until 31 December 2009.
LIV portfolios
Future Focus Portfolio
LIV portfolios
Justice Portfolio, Membership,
Marketing & Communications Portfolio
Bruce Pippett
Dominique Saunders
Reynah Tang
First elected to Council in 2005 and
re-elected in 2006. Duration of current
re-elected in 2005, 2006, changed
categories and was re-elected in 2008.
Duration of current term is until 31
December 2011.
First elected to Council in 2007, reelected in 2008. Duration of current
LIV portfolios
Education Portfolio
Suburban category
LIV committees
Costs Policy Committee (chair),
Compliance Advisory Committee (chair),
Rules of Practice Committee, Suburban
Law Association Committee (chair)
LIV portfolios
Board of Examiners
Corporate category
LIV committees
Access to Justice Committee, Ethics
Committee, Medico Legal Joint
Standing Committee (Joint chair),
Flexible Work Practices Committee,
Inhouse Counsel Strategy Committee
(chair)
LIV portfolios
Constituent Liaison Portfolio,
Justice Portfolio
City category
LIV committees
Audit Committee, Ethics Committee,
LIJ Editorial Committee (chair),
Guideline Review Sub-Committee
LIV portfolios
Education Portfolio (chair), Future
Focus Portfolio (resigned April 2009)
Lucy Terracall
(commenced 1
January 2009)
Stuart Webb
Mark Woods
Duration of current tem is until
31 December 2011.
31 December 2009.
Legal Aid
First elected to Council 1991, re-elected
in 1997, 2000, 2002, 2005, 2008.
31 December 2011.
City category
LIV committees
Awards Committee, Ethics Committee
LIV portfolios
Membership, Marketing &
Communications Portfolio, Future
Focus Portfolio
LIV committees
Access to Justice Committee, Audit
Committee
LIV portfolios
Justice Portfolio, Future Focus Portfolio
External Representation
Public Interest Law Clearing House
(PILCH), Victorian Legal Assistance
Forum (VLAF) – alternate to Mark
Woods
LIV committees
Access to Justice, Specialisation Board
LIV portfolios
Justice Portfolio (chair)
External representation:
Law Council of Australia – Access
to Justice Committee, Leo Cussen
Institute Board, Victoria Law Foundation
(Director) ,Victoria Legal Aid –
Community Consultation Committee,
Victorian Legal Assistance Forum
Council members who retired during the financial year were:
Patrick Sweeney
5/6 meetings (retired 31 December 2008)
Geoff Provis
6/6 meetings (retired 31 December 2008)
Elissa Watson
3/8 meetings
(retired 1 October 2008)
Stella Stuthridge
6/6 meetings
(retired 13 March 2009)
Law Institute of Victoria Ltd and Controlled Entity
ABN 32 075 475 731
Financial Report
For the year ended 30 June 2009
TABLE OF CONTENTS
Directors’ Report 29–36
Auditor Independence Declaration 37
Financial Report
Income Statement Balance Sheet Statement of Changes in Equity Statement of Cash Flows Notes to the Financial Statements 38
39
40
41
42–56
Directors’ Declaration 56
Independent Audit Report 57
Directors’ Report
The directors present their report together with the financial report of Law Institute of Victoria Ltd (“the Company”) and
of the consolidated entity, being the Company and its controlled entity, for the financial year ended 30 June 2009 and auditors
report thereon. This financial report has been prepared in accordance with Australian Equivalents of International Financial
Reporting Standards.
Directors Names
The names of the directors in office at any time during or since the end of the financial year are:
Danny Barlow (since 21 January 2005)
Anthony Burke (since 17 June 2004 to 24 August 2009)
Caroline Counsel (since 16 February 2006)
Catherine Gale (since 7 August 2003)
Iresha Herath (since 1 January 2008)
Michael Holcroft (since 16 May 2008)
Brigid Jenkins (since 1 January 2009)
Aurora Kostezky (since 26 April 2001)
Anthony (Tom) May (since 26 April 2001)
Conor O’Brien (since 1 January 2008)
John O’Callaghan (since 14 May 2009)
Bruce Pippett (since 1 January 2006)
Geoff Provis (since 12 September 1996 to 31 December 2008)
Dominique Saunders (since 1 January 2005)
Steven Stevens (since 1 January 2004)
Stella Stuthridge (since 18 September 2008 to 13 March 2009)
Patrick Sweeney (since 1 January 2006 31 December 2008)
Reynah Tang (since 1 January 2008)
Lucy Terracall (since 1 January 2009)
Elissa Watson (since 1 January 2006 to 1 September 2008)
Stuart Webb (since 1 January 2007)
Mark Woods (since 31 December 1996)
Directors have been in office since the start of the financial year to the date of this report unless otherwise stated.
Results
The profit of the economic entity for the financial year after providing for income tax amounted to $603,262.
Review of Operations
The economic entity continued to engage in its principal activity, the results of which are disclosed in the attached financial
statements.
Financial Report
Directors’ Report (continued)
Significant Changes in State of Affairs
There were no significant changes in the economic entity’s state of affairs that occurred during the financial year, other than those
referred to elsewhere in this report.
Principal Activities
The principal activities of the economic entity during the financial year were as follows:
(i) to operate as a professional association of lawyers providing high standards, continuing education, informed debate on issues
within the areas of its professional competence, setting and maintaining the highest professional and technical standards and
promoting the role of members for the benefit of the community; and
(ii)to carry on the duties of a Recognised Professional Association as defined by the Legal Practice Act 1996 / Legal Profession Act
2004.
No significant change in the nature of these activities occurred during the year.
After Balance Date Events
No matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect
the operations of the economic entity, the results of those operations, or the state of affairs of the economic entity in future
financial years.
Likely Developments
The economic entity expects to maintain the present status and level of operations.
Environmental Issues
The economic entity’s operations are not regulated by any significant environmental regulation under a law of the Commonwealth
or of a state or territory.
Dividends Paid, Recommended, and Declared
No dividends were paid or declared since the start of the financial year. No recommendation for payment of dividends has been
made.
Information on Directors
Danny Barlow
Office Bearer – President (2009 calendar year)
QualificationsLL.B (Hons)
Experience13 years legal experience – commercial litigation, personal injury work
Special Responsibilities
LIV Committees: LIV Executive Committee (President), Access to Justice Committee (ex-officio),
Accident Compensation Committee (ex-officio), Audit Committee (ex-officio), Awards Committee
(ex-officio), Collaborative Law Committee (ex-officio), Costs Policy Committee (ex-officio),
Continuing Professional Development Compliance Advisory Committee (ex-officio), Country Law
Association Committee (ex-officio), Ethics Committee (ex-officio), Law Institute Journal Editorial
Committee (ex-officio), Medico-Legal Joint Standing Committee (ex-officio), Rules of Practice
Committee (ex-officio), Specialisation Board (ex-officio), Suburban Law Association Committee
(ex-officio), Flexible Work Practices Committee (ex-officio), Inhouse Counsel Strategy Committee
(ex-officio)
LIV Portfolios: Constituent Liaison Portfolio (chair), Justice Portfolio (ex-officio), Education
Portfolio (ex-officio), Corporate Governance Portfolio (ex-officio), Future Focus Portfolio
(ex-officio), Membership Marketing and Communications Portfolio (ex-officio)
Anthony BurkeOffice Bearer – Immediate Past President (2009 calendar year)
(Resigned from Council August 2009)
QualificationsB.A/LL.B/Grad. Dip. in Financial Management/Accredited business law specialist
Experience25 years legal experience – sole practitioner, small business law
LIV Committees: LIV Executive Committee (Immediate Past President), Audit Committee,
Law Institute Journal Editorial Committee, Suburban Law Association Committee
External Representation: Law Council of Australia Director (2009)
Caroline Counsel Office Bearer – Vice-President (2009 calendar year)
QualificationsBA/LL.B
ExperienceOver 24 years legal experience – family law practice
LIV Committees: LIV Executive Committee (Vice-President), Audit Committee (chair),
Collaborative Law Committee, Ethics Committee
LIV Portfolios: Membership, Marketing & Communications Portfolio (chair), Future Focus Portfolio
External Representation: Council of Legal Education Secretariat (Chief Justice), Board of
Examiners
Catherine Gale
Councillor
QualificationsLL.B/Trained mediator
ExperienceNMAS accredited mediator, registered family dispute resolution practitioner, over 32 years legal
experience – family law, civil litigation, education and training
LIV Committees: Audit Committee, Collaborative Law Committee (chair)
LIV Portfolios: Corporate Governance Portfolio
External Representation: Victoria Law Foundation – Director, College of Law Victoria – Director,
Law Council of Australia (LCA) Executive (2009), Law Council of Australia (LCA) Harmonisation
Committee chair, Law Council of Australia (LCA) Anti-Money Laundering Committee chair,
Law Council of Australia (LCA) Equal Opportunity Briefing Policy Working Group, Law Council
of Australia (LCA) Alternative Dispute Resolution Committee, Law Council of Australia (LCA)
Collaborative Practice Committee chair
Iresha Herath
Councillor
QualificationsBA/LL.B
Experience10 years legal experience – corporate private practice and inhouse counsel
LIV Committees: Access to Justice Committee, Flexible Work Practices Committee, Inhouse
Counsel Strategy Committee
LIV Portfolios: Constituent Liaison Portfolio, Future Focus Portfolio, Justice Portfolio
Financial Report
Information on Directors (continued)
Michael Holcroft
Office Bearer – 5th Executive Member
QualificationsAdmitted to practice 5 March 1990, LL.B/B.Ec
Experience18 years legal experience – commercial law, commercial litigation, conveyancing, estates
LIV Committees: Audit Committee, Country Law Association Committee
LIV Portfolios: Future Focus Portfolio (chair), Corporate Governance Portfolio
Brigid Jenkins
Councillor
QualificationsAdmitted to practice in 3 November 1999, LL.B/BA (Hons), Grad Dip Criminology
Experience10 years experience in family law, Victoria Legal Aid
Special ResponsibilitiesLIV Committees: Collaborative Law Committee, Continuing Professional Development Compliance
Advisory Committee, Ethics Committee
Aurora Kostezky
Councillor
QualificationsBA/LL.B (Hons)
Experience11 years legal experience – business law including leasing and general commercial law
LIV Committees: Continuing Professional Development Compliance Advisory Committee, Law
Institute Journal Editorial Committee, Specialisation Board, Flexible Work Practices Committee
(chair), Awards Committee (chair)
LIV Portfolios: Education Portfolio
External Representation: Supreme Court Library Users’ Committee (from March 2008)
Anthony (Tom) May
Councillor
QualificationsB.Ec/LL.B
ExperienceOver 36 years legal experience, tax lawyer with an emphasis on tax litigation
Special ResponsibilitiesLIV Committees: Audit Committee, Awards Committee, Ethics Committee, Rules of Practice
Committee
LIV Portfolios: Education Portfolio
External Representation: Federal Court users’ Committee, LCA Federal Court Liaison Committee,
Supreme Court Library Users’ Committee (from March 2008)
Conor O’Brien
Councillor
QualificationsB.A., Grad. Diploma Policy and Law, LL.B
ExperienceOver 14 years legal experience – criminal law, accredited specialist in criminal law
LIV Committees: Continuing Professional Development Compliance Advisory Committee, Law
Institute Journal Editorial Committee, Suburban Law Association Committee
LIV Portfolios: Justice Portfolio, Membership Marketing & Communications Portfolio
John O’Callaghan
Councillor (commenced 14 May 2009)
QualificationsAdmitted 1 April 1982
Experience20 years experience advising organisations in relation to a range of commercial issues including risk
management, contracts, dispute resolution, directors’ duties and trade practices
Special Responsibilities 32 Law Institute of Victoria
LIV Portfolios: Future Focus Portfolio. First elected to Council in May 2008 as a casual vacancy.
Duration of current term is until 31 December 2009.
Bruce Pippett
Councillor
Qualifications LL.B/Diploma of Language (Chinese)
Experience Over 35 years legal experience – commercial law, property law, litigation, probate and estates,
business law
Special Responsibilities LIV Committees: Constitution Review Taskforce, Continuing Professional Development Compliance
Advisory Committee (until April 2008), Corporate Governance Review Taskforce (chair), Corporate
Governance & Regulation Portfolio, Costs Policy Committee (chair), Future Focus Portfolio, Inhouse
Counsel Strategy Committee, Philanthropic Committee, Rules of Practice Committee, Suburban Law
Association Committee (chair)
External Representation: Board of Examiners
Geoff Provis
Office Bearer – Immediate Past President in 2008 (retired 31 December 2008)
Qualifications B.Ec/LL.B
Experience Over 29 years legal experience insurance and compensation
Special Responsibilities LIV Committees: Accident Compensation Committee, Awards Committee, Executive Committee,
Medico-Legal Joint Standing Committee, Member Services, Marketing & Communications Portfolio
External representation: Board of Examiners/Council of Law Reporting
Dominique Saunders
Councillor
Qualifications BSW/LL.B
Experience 17 years legal experience – health and aged care, discrimination, disability and government law
Special Responsibilities LIV Committees: Access to Justice Committee, Ethics Committee, Medico-Legal Joint Standing
Committee (joint chair), Flexible Work Practices Committee, Inhouse Counsel Strategy Committee
(chair)
LIV Portfolios: Constituent Liaison Portfolio, Justice Portfolio
Steven Stevens
Office Bearer – President Elect (calendar year 2009)
Qualifications B.Ec (Hons)/M.Ec./LL.B (Hons)/LL.M
Experience Over 20 years legal experience – revenue law, financial services and trusts. Previously practised as an
economist for 12 years
Special Responsibilities LIV Committees: Access to Justice Committee, Audit Committee, Ethics Committee, Rules of
Practice Committee (chair)
LIV Portfolios: Justice Portfolio, Corporate Governance Portfolio (chair)
External Representation: State Taxes, Tax and Revenue Committees
Stella StuthridgeCouncillor (resigned from Council March 2009)
Qualifications Admitted to practice on 8 November 1995
Experience Specialist in criminal law
Special Responsibilities LIV Committees: Criminal Law Section chair (2008), Specialisation Board Member (2009)
Patrick Sweeney
Councillor (retired 31 December 2008)
Qualifications B.Com/LL.B/FCPA/Accredited Business Law Specialist
Experience 28 years legal experience and 5 years accounting experience in business, investment and
superannuation structures and tax
Special Responsibilities LIV Committees: Audit Committee, Constituent Liaison Portfolio (chair), Continuing Professional
Development Scheme Appeals Committee (until April 2008), Corporate Governance Review
Taskforce, Future Focus Portfolio, Specialisation Board
Financial Report
Reynah Tang
Councillor
Qualifications B.Ec/LL.B (Hons), Master of Law (Thesis)
Experience 14 years legal experience – commercial – taxation
Special Responsibilities LIV Committees: Audit Committee, Ethics Committee, Law Institute Journal Editorial Committee
(chair), Guideline Review Sub-Committee
LIV Portfolios: Education Portfolio (chair), Future Focus Portfolio (resigned April 2009)
Lucy Terracall
Councillor (Commenced 1 January 2009)
Qualifications Admitted on 15 August 2006
Experience Fourth year lawyer in insurance
Special Responsibilities LIV Committees: Awards Committee, Ethics Committee
LIV Portfolios: Membership Marketing & Communications Portfolio, Future Focus Portfolio
Elissa Watson
Councillor (resigned in September 2008)
Qualifications B.Ec/LL.B
Experience Over 8 years legal experience – criminal law and general advocacy, accredited criminal law specialist
Special Responsibilities LIV Committees: Access to Justice Committee, Audit Committee, Ethics Committee, Flexible Work
Practices Committee, Future Focus Portfolio, Law Institute Journal Editorial Committee (chair),
Specialisation Board, Council liaison with Criminal Law Section and Young Lawyers’ Section
External Representation: Public Interest Law Clearing House (PILCH) Board (2008)
Stuart Webb
Councillor
Qualifications MPIL, LL.B (Hons.), BA, Director, Amnesty International Australia
Experience 5 years legal experience – administrative law – migration, social security, mental health
Special Responsibilities LIV Committees: Access to Justice Committee, Audit Committee
LIV Portfolios: Justice Portfolio, Future Focus Portfolio
External Representation: Public Interest Law Clearing House (PILCH), Victorian Legal Assistance
Forum (VLAF) Alternate to Mark Woods
Mark Woods
Councillor
Qualifications LL.B
Experience Over 26 years legal experience – criminal law, family law, general advocacy. Accredited specialist
criminal and family law. University of Melbourne Law Faculty.
Special Responsibilities LIV Committees: Access to Justice, Specialisation Board
LIV Portfolios: Justice Portfolio (chair)
External Representation: Law Council of Australia – Access to Justice Committee, Leo Cussen
Institute Board, Victoria Law Foundation (Director), Victoria Legal Aid – Community Consultation
Committee, Victorian Legal Assistance Forum
Meetings of Directors
DIRECTORS
DIRECTORS’ MEETINGS
EXECUTIVE
COMMITTEE
AUDIT
COMMITTEE
Number eligible Number
to attend attended
to attend attended
to attend attended
Danny Barlow (since 21 January 2005)
12
9
22
20
11
6
Anthony Burke (since 17 June 2004 to 24 August 2009)
Caroline Counsel (since 16 February 2006)
12
9
22
18
11
9
12
11
22
19
11
6
Catherine Gale (since 7 August 2003)
12
12
3
1
11
7
Iresha Herath (since 1 January 2008)
12
9
-
-
-
-
Michael Holcroft (since 16 May 2008)
12
12
12
12
7
5
Brigid Jenkins (since 1 January 2009)
6
6
2
2
-
-
Aurora Kostezky (since 26 April 2001)
12
11
-
-
-
-
Anthony (Tom) May (since 26 April 2001)
12
10
1
1
11
8
Conor O’Brien (since 1 January 2008)
12
10
-
-
-
-
John O’Callaghan (since 14 May 2009)
Bruce Pippett (since 1 January 2006)
Geoff Provis (since 12 September 1996 to 31 December 2008)
2
2
-
-
-
-
12
12
4
4
-
-
6
6
10
9
-
-
Dominique Saunders (since 1 January 2005)
12
8
2
2
-
-
Steven Stevens (since 1 January 2004)
12
10
22
19
11
8
6
6
2
2
-
-
Stella Stuthridge (since 18 September 2008 to 13 March 2009)
Patrick Sweeney (since 1 January 2006 31 December 2008)
6
5
-
-
6
5
Reynah Tang (since 1 January 2008)
12
11
2
2
11
10
Lucy Terracall (since 1 January 2009)
6
5
2
2
-
-
Elissa Watson (since 1 January 2006 to 1 September 2008)
3
3
-
-
2
-
Stuart Webb (since 1 January 2007)
12
10
-
-
3
5
Mark Woods (since 31 December 1996)
12
11
-
-
-
-
Options
No options over unissued shares or interests in the economic entity were granted during or since the end of the financial year
and there were no options outstanding at the end of the financial year.
Financial Report
Indemnification of Officer
During the year the company has paid a premium in respect of an insurance contract to indemnify officers or the auditor
against liabilities that may arise from their position as officers or auditors of the company and its controlled entities.
Officers indemnified include the company secretary, all directors and all executive officers participating in the management
of the company and its controlled entities.
Further disclosure required under s300(9) of the Corporations Act 2001 is prohibited under the terms of the contract.
Auditor’s Independence Declaration
A copy of the auditor’s declaration under s307C in relation to the audit for the financial year is provided with this report.
Proceedings on Behalf of the Company
No person has applied for leave of Court to bring proceedings on behalf of the company or intervene in any proceedings to
which the company is a party for the purpose of taking responsibility on behalf of the company for all or any part of those
proceedings.
The company was not a party to any such proceedings during the year.
Signed in accordance with a resolution of the Board of Directors:
Director
Danny Barlow
Director
Caroline Counsel
Dated 22nd of September 2009
An independent Victorian Partnership
ABN 27 975 255 196
INDEPENDENT AUDITOR'S REPORT ABN 27 975 255 196
TO THE MEMBERS OF
Auditor’s Independence Declaration
LAW INSTITUTE OF VICTORIA LTD
To the Directors of Law Institute of Victoria
Ltd
INDEPENDENT
AUDITOR'S REPORT
TO THE MEMBERS OF
In relation to the independent audit for the year ended 30 June 2009, to the best of my knowledge and belief there have been:
have audited
theauditor
accompanying
financial
report of
Law
Institute ofActVictoria
Ltd and controlled entities.
(i) NoWe
contraventions
of the
independence
requirements
of the
Corporations
2001; and
The financial report comprises the balance sheet as at 30 June 2009, and the income statement, statement of
(ii) No contraventions of any applicable code of professional conduct.
changes in equity and, statement of cash flows for the year ended on that date, a summary of significant
accounting
policies,
other explanatory
notesreport
and ofthe
directors'
of the
consolidated
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Law
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T J BENFOLD
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inDirectors'
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Responsibility
for theAccounting
Financial Report
24 September
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and the Corporations Act 2001. This responsibility includes establishing and maintaining internal control
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Responsibility
inAuditor's
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relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain
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reasonable assurance whether the financial report is free from material misstatement.
in accordance with Australian Auditing Standards. These Auditing Standards require that we comply with
relevant
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and about
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the amounts
in the
reasonable
assurance
whether
the
financial
report
is
free
from
material
misstatement.
financial report. The procedures selected depend on the auditor's judgement, including the assessment of the
risks
of material
in the financial
report,
due
to fraud
or error.and
In disclosures
making those
risk
An audit
involvesmisstatement
to obtain
auditwhether
evidence
about
the amounts
in the
assessments,
the
auditor
considers
internal
control
relevant
to
the
entity's
preparation
and
fair
presentation
financial report. The procedures selected depend on the auditor's judgement, including the assessment of theof
the
financial
reportmisstatement
in order to design
procedures
that are due
appropriate
circumstances,
but not
risks
of material
in the audit
financial
report, whether
to fraudinorthe
error.
In making those
riskfor
the
purpose
of
expressing
an
opinion
on
the
effectiveness
of
the
entity's
internal
control.
An
audit
assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation also
of
includes
evaluating
theorder
appropriateness
of procedures
accounting that
policies
used and the
reasonableness
accounting
the financial
report in
to design audit
are appropriate
in the
circumstances,ofbut
not for
estimates
made
the directors,
as well as
the overall
presentation
of the financial
the purpose
ofby
expressing
an opinion
on evaluating
the effectiveness
of the
entity's internal
control. report.
An audit also
includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our
estimates made by the directors, as well as evaluating the overall presentation of the financial report.
audit opinion.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our
Independence
audit opinion.
In conducting our audit, we have complied with the independence requirements of the Corporations
Independence
Act
2001.
Act 2001.
- 41 Liability limited by a scheme approved under Professional Standards Legislation
- 41 -
Liability limited by a scheme approved under Professional Standards Legislation
Pitcher Partners is an association of independent firms
Melbourne | Sydney | Brisbane | Perth | Adelaide
Financial Report
Income Statement for the year ended 30 June 2009
Notes
2009
$
2008
$
3
20,540,350
20,116,039
Membership Services
(8,555,609)
(8,171,771)
Regulation (Direct Costs)
(4,394,929)
(4,518,766)
Governance and Representation
(1,859,516)
(1,643,780)
Finance and Internal Support
(3,859,124)
(3,129,847)
Capitation Fees
(984,149)
(957,238)
Other expenses from ordinary activities
(339,852)
(818,700)
(19,993,179)
(19,240,102)
Profit before income tax benefit
547,171
875,937
4
56,091
(12,295)
Profit from continuing operations
603,262
863,642
Revenue
Expenses:
Income tax (expense) / benefit
Balance Sheet as at 30 June 2009
Economic Entity
Notes
2009
$
2008
$
Current Assets
Cash and cash equivalents
6
10,565,463
9,434,171
Trade receivables
7
1,502,106
1,424,680
Inventories
8
219,644
235,662
Other financial assets
9
829,391
1,004,376
Other current assets
10
623,289
627,604
Total current assets
13,739,893
12,726,493
Non-current assets
9
1,142,862
1,692,862
Property, plant and equipment
Other financial assets
11
10,556,515
9,410,106
Intangible assets
12
151,818
–
4
814,503
749,155
Total non-current assets
Deferred tax assets
12,665,698
11,852,123
Total assets
26,405,591
24,578,616
1,680,739
1,621,330
Current liabilities
Trade and other payables
13
Provisions
14
1,107,636
986,149
Other current liabilities
15
3,997,283
3,839,440
Total current liabilities
6,785,658
6,446,919
Non-current liabilities
Deferred tax liabilities
4
1,010,582
749,155
14
149,818
259,101
Total non-current liabilities
1,160,400
1,008,256
Total liabilities
7,946,058
7,455,175
Net assets
18,459,533
17,123,441
Provisions
Equity
Other reserves
16
3,094,337
2,361,507
Retained earnings
17
15,365,196
14,761,934
TOTAL EQUITY
18,459,533
17,123,441
Financial Report
Statement of Changes in Equity for the year ended 30 June 2009
Economic Entity
Notes
2009
$
2008
$
Total equity at the beginning of the financial year
17,123,441
16,247,504
Gain on revaluation of properties, net of tax
732,830
12,295
Net income recognised directly in equity
732,830
12,295
Profit for the year
603,262
863,642
Total recognised income and expense for the year
1,336,092
875,937
Total equity at the end of the financial year
18,459,533
17,123,441
Statement of Cash Flows for the year ended 30 June 2009
Economic Entity
Notes
2009
$
2008
$
Cash flow from operating activities
Subscriptions
3,674,297
3,557,001
Receipts from Legal Services Board
8,291,545
8,560,844
Payments to suppliers and employees
(20,398,275)
(19,077,963)
Capitation Fees
(984,149)
(957,238)
Interest received
349,992
417,858
Bookshop sales, administration fees and other member activities
10,355,151
9,426,211
18 (b)
1,288,561
1,926,713
Proceeds from sale of investments
707,000
–
Payment for property, plant and equipment
(527,451)
(356,137)
Payment for investments
(185,000)
–
Payment for intangible assets
(151,818)
–
Net cash used in investing activities
(157,269)
(356,137)
Net increase in cash held
1,131,292
1,570,576
Cash at beginning of financial year
9,434,171
7,863,595
10,565,463
9,434,171
Net cash provided by operating activities
Cash flow from investing activities
Cash at end of financial year
18 (a)
Financial Report
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009
Note 1: Statement of Significant Accounting Policies
The financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards,
Interpretations and other authoritative pronouncements of the Australian Accounting Standards Board and the Corporations
Act 2001.
The financial report was approved by the directors as at the date of the directors’ report.
The financial report covers Law Institute of Victoria Ltd and controlled entity as an economic entity. Law Institute of Victoria
Ltd is a company limited by guarantee, incorporated and domiciled in Australia.
The following is a summary of the material accounting policies adopted by the economic entity in the preparation of the
financial report. The accounting policies have been consistently applied, unless otherwise stated.
(a) Basis of preparation of the financial report
Compliance with IFRS
Australian Accounting Standards include Australian Equivalents to International Financial Reporting Standards (AIFRSs).
Compliance with AIFRS ensures compliance with International Financial Reporting Standards (IFRSs).
Historical Cost Convention
The financial report has been prepared under the historical cost convention, as modified by revaluations to fair value for
certain classes of assets as described in the accounting policies.
(b) Principles of Consolidations
The consolidated financial statements are those of the consolidated entity, comprising the financial statements of the parent
entity and of all controlled entities being Law Institute of Victoria Ltd (the parent entity) and a dormant subsidiary entity
(Lawyers Information Network Pty Ltd). As such the financial statements have only been presented on a consolidated basis.
(c) Income Tax
In assessing its income tax liability, Law Institute of Victoria Ltd applies the principles of mutuality to its revenues and expenses.
Revenue in the form of member receipts represents mutual income and is not subject to income tax. Expenses associated with
such mutual activities are not tax deductible for income tax purposes. All other receipts and payments of Law Institute of Victoria
Ltd are classified for income tax purposes in accordance with income tax legislation.
Current income tax expense or revenue is the tax payable on the current period’s taxable income based on the applicable income
tax rate adjusted by changes in deferred tax assets and liabilities attributable to temporary differences between the tax base of
assets and liabilities and their carrying amounts in the financial statements, and to unused tax losses.
A balance sheet approach is adopted under which deferred tax assets and liabilities are recognised for temporary differences at
the applicable tax rates when the assets are recovered or liabilities are settled. The relevant tax rates are applied to the cumulative
amounts of deductible and taxable temporary differences to measure the deferred tax asset or liability. An exception is made
for certain temporary differences arising from the initial recognition of an asset or liability. No deferred tax asset or liability is
recognised in relation to these temporary differences if they arose in a transaction, other than a business combination, that at the
time of the transaction did not affect either accounting profit or taxable profit or loss.
Deferred tax assets are recognised for deductible temporary differences and unused tax losses only if it is probable that future
taxable amounts will be available to utilise those temporary differences and losses.
Deferred tax liabilities and assets are not recognised for temporary differences between the carrying amount and tax bases of
investments in controlled entities where the parent entity is able to control the timing of the reversal of the temporary differences
and it is probable that the differences will not reverse in the foreseeable future.
Current and deferred tax balances attributable to amounts recognised directly in equity are also recognised directly in equity.
(d) Finance Costs
Finance costs can include interest and ancillary costs incurred in connection with arrangement of borrowings.
Finance costs are expensed as incurred.
(e) Impairment of assets
Assets with an indefinite useful life are not amortised but are tested annually for impairment in accordance with AASB 136.
Assets subject to annual depreciation or amortisation are reviewed for impairment whenever events or circumstances arise that
indicate that the carrying amount of the asset may be impaired. An impairment loss is recognised where the carrying amount of
the asset exceeds its recoverable amount. The recoverable amount of an asset is defined as the higher of its fair value less costs to
sell and value in use.
(f) Comparative Figures
Where required by Accounting Standards comparative figures have been adjusted to conform with changes in presentation for
the current financial year.
(g) Revenue
In general, revenue is recognised, where it can be reliably measured, in the period to which it relates or is invoiced.
However, where there is not an established pattern of income flow, revenue is recognised on a cash receipts basis.
Income generated from advertising in the Law Institute Legal Directory and Diary is recognised in the year received to more
appropriately reflect the period in which it was earned.
Interest revenue is recognised when it becomes receivable on a proportional basis taking in to account the interest rates
applicable to the financial assets.
Membership fees and Subscriptions
The subscription year is 1 July to 30 June. Subscriptions are payable annually in advance. Only those membership fees and
subscription receipts, which are attributable to the current financial year, are recognised as revenue. Fees and subscription
receipts relating to periods beyond the current financial year are shown in the Balance Sheet as deferred income under the
heading Other Current Liabilities.
Revenue from trust distributions is recognised upon entitlement to receive distribution.
Other revenue is recognised when the right to receive the revenue has been established.
All revenue is stated net of the amount of goods and services tax (GST).
(h) Inventories
Inventories are measured at the lower of cost and net realisable value.
(i) Property, Plant and Equipment
Each class of property, plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation.
Property
Freehold land and buildings are measured at fair value. At each balance date the carrying value of each asset is reviewed to
ensure that it does not differ materially from the asset’s fair value at reporting date. Where necessary, the asset is revalued to
reflect its fair value.
Increases in the carrying amounts arising on revaluation of land and buildings are credited to other reserves in shareholders’
equity. To the extent that the increase reverses a decrease previously recognised in profit and loss, the increase is first recognised
in profit and loss. Decreases that reverse previous increases of the same asset are first charged against revaluation reserves directly
in equity to the extent of the remaining reserve attributable to the asset; all other decreases are charged to the income statement.
The revaluation of freehold land and buildings has taken into account the potential effect of the capital gains tax on disposal in
the determination of the revalued carrying amount.
Plant and equipment
Plant and equipment is measured on the cost basis.
Depreciation
The depreciable amount of all fixed assets are depreciated over their estimated useful lives to the company commencing from the
time the asset is held ready for use.
The useful lives used for each class of assets are:
Class of fixed asset
Buildings
Furniture, Fixtures and Fittings
Computer Equipment
Useful lives
Depreciation basis
40 years
Straight Line
7 years
Diminishing Value
3-5 years
Straight Line/Diminishing Value
Financial Report
NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009
Note 1: Statement of Significant Accounting Policies (continued)
(j) Intangibles
Other intangibles
Other intangible assets are initially recorded at the purchase price. Other intangible assets are amortised on a straight line basis
over the period of 20 years.
(k) Employee Benefits
Liabilities arising in respect of wages and salaries, annual leave, sick leave and any other employee benefits expected to be settled
within twelve months of the reporting date are measured at their nominal amounts based on remuneration rates which are
expected to be paid when the liability is settled. All other employee benefit liabilities are measured at the present value of the
estimated future cash outflow to be made in respect of services provided by employees up to the reporting date.
Contributions made by the company to an employee superannuation fund are recognised as an expense as they become payable.
Prepaid contributions are recognised as an asset to the extent that a cash refund or a reduction in the future payment is available.
(l) Financial Instruments
Classification
The company classifies its financial instruments in the following categories: financial assets at fair value through profit and loss,
loans and receivables, heldtomaturity investments, and availableforsale financial assets. The classification depends on the purpose
for which the investments were acquired. Management determines the classification of its investments at initial recognition and
reevaluates this designation at each reporting date.
Financial assets at fair value through profit or loss
Financial instruments, including investments in listed securities and derivatives (except for derivatives designated as hedges
at inception) are carried at fair value through profit and loss. They are measured at their fair value at each reporting date. Any
increment or decrement in fair value from the prior period is recognised in the profit and loss of the current period, and is also
included in deferred income tax calculations.
Non-listed investments of which the fair value cannot be reliably measured are carried at cost and tested for impairment.
Loans and receivables
Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active
market. They are measured at fair value at inception and subsequently at amortised cost using the effective interest rate method.
Non-interest bearing loans and receivables are designated as receivable ‘at call’ and are therefore carried at face value.
Financial liabilities
Financial liabilities include trade payables, other creditors and loans from third parties including inter-company balances and
loans from or other amounts due to director-related entities.
Non-derivative financial liabilities are recognised at amortised cost, comprising original debt less principal payments and
amortisation.
Non-interest bearing loans and payables are payable on demand and are therefore carried at face value.
Note 2: New Accounting Standards and Interpretations
A number of accounting standards and interpretations have been issued at the reporting date but are not yet effective. The
directors have not yet assessed the impact of these standards or interpretations.
Note 3: Revenue
Economic Entity
2009
$
2008
$
Interest / Net investment income
349,992
417,858
Membership subscriptions
3,488,453
3,351,234
Legal Service Board contributions and reimbursements
7,740,991
8,609,264
Membership Activities
5,794,221
4,915,849
Bookshop Sales and commissions
1,208,770
1,231,199
Operating activities
Administration fees
1,569,146
1,174,375
Other revenue
388,777
416,260
Total Revenue
20,540,350
20,116,039
Financial Report
Note 4: Income Tax
Economic Entity
2009
$
2008
$
Current tax
–
–
Deferred tax
(56,091)
12,295
Under /(over) provision in prior years
–
–
(56,091)
12,295
(65,348)
13,136
Income tax expense:
Deferred income tax (revenue)/expense included in income tax expense comprises:
Decrease / (Increase) in deferred tax assets
(Decrease) / Increase in deferred tax liabilities
9,257
(841)
(56,091)
12,295
The prima facie tax payable on profit before income tax is reconciled to the income tax expense as follows:
Prima facie income tax payable on profit before income tax at 30% (2008 30%)
164,151
262,781
– Accounting depreciation
74,691
42,750
– Non-taxable capital losses
8,400
–
– Non deductible mutual expenditure
2,655,953
2,382,349
– Other non-allowable items
10,358
52,853
2,913,553
2,740,733
– Non assessable mutual income
2,726,254
2,525,674
– Statutory deductions
151,225
136,847
– Tax depreciation
66,027
23,370
Add:
Tax effect of:
Less:
Tax effect of: – Web development costs 2,320
3,274
– Non assessable distributions received
196
28,134
– Other non-assessable items
23,622
11,139
Income tax expense attributable to profit
(56,091)
12,295
Note 4: Income Tax (continued)
Economic Entity
2009
$
2008
$
Revaluation of property, plant and equipment
742,745
755,040
Current period adjustment to tax base for revalued property
252,171
(12,295)
994,916
742,745
Tax losses carried forward
333,727
310,272
Amounts recognised directly in equity:
Aggregate current and deferred tax arising in the reporting period and
not recognised in net profit or loss but directly debited or credited to equity:
Deferred tax assets:
The balance comprises:
Employee benefits
264,405
266,465
Provision for stock obsolescence
7,271
10,211
Unrealised losses on investments
209,100
162,207
814,503
749,155
Deferred tax liabilities
The balance comprises temporary differences attributable to:
Amounts recognised in profit or loss:
Accrued income
(12,895)
(5,427)
Revaluation of property, plant & equipment
(994,916)
(742,745)
Provision for doubtful debts
(2,771)
(983)
(1,010,582)
(749,155)
The deferred tax asset that has been recognised as an asset as the Directors believe:
(i) the Law Institute of Victoria shall derive future assessable income of a nature and an amount suffice to enable the benefit
to be realised;
(ii) the Law Institute of Victoria Ltd continues to comply with the conditions of deductibility imposed by the law; and
(iii)at this time, there are no changes in tax legislation that appear to adversely effect the Law Institute of Victoria Ltd in
realising the benefit.
The Directors note that the tax losses recognised must meet the relevant tax legislation requirements in order to be utilised in
the future. At 30 June 2009, of the losses available for utilisation totalled $1,634,437 of which $1,136,162 are subject to the
Continuity of ownership test, and the remaining $498,275 are subject to the Same business test. The classification of the losses
between the two tests continually changes dependent upon the changes in membership each year.
Financial Report
Note 5: Profit from Continuing Activities
Economic Entity
2009
$
2008
$
Profit before income tax has been determined after:
Expenses:
Cost of sales
683,659 647,321
Buildings
142,500
142,500
Furniture, fixtures and fittings
223,542 176,847
Depreciation of property, plant and equipment
366,042 319,347
4,497 2,192
Depreciation of non-current assets
Bad debts:
trade debtors
Remuneration of the auditors for:
audit services
49,405 42,000
other services
21,590 23,520
70,995 65,520
Rental expense on operating leases
136,153 157,801
Unrealised losses on investments
174,985 540,691
Employee benefits
11,837,134 11,050,648
Amount set aside for provisions:
Employee Provisions
12,204 100,366
Inventory
(14,702)
–
Doubtful debts
9,434
4,773
Note 6: Cash and Cash Equivalents
Cash on hand
1,350
1,300
Cash at bank
2,064,243 325,745
Cash on deposit
7,000,000
–
Short term bank bills
1,499,870 9,107,126
10,565,463 9,434,171
Trade debtors
458,775 399,710
Provision for doubtful debts
(14,207) (4,773)
444,568 394,937
Other debtors
635,981 377,681
421,557 652,062
Note 7: Receivables
Current
Amounts receivable from:
Legal Services Board
1,057,538 1,029,743
1,502,106 1,424,680
Note 8: Inventories
Economic Entity
2009
$
2008
$
Current
Stock on hand
254,270
284,990
Less provision for obsolescence
(34,626)
(49,328)
219,644
235,662
Property Fund
119,128 230,261
Note 9: Other Financial Assets
Current
Financial assets at fair value through profit and loss:
Bond Fund
482,840 470,128
Share Fund
227,415 303,979
829,383 1,004,368
Other financial assets:
Shares in related corporations
8
8
829,391 1,004,376
Mortgage Loan
995,000 1,545,000
995,000 1,545,000
Other financial assets:
Shares in unlisted entities
147,862
147,862
147,862
147,862
1,142,862
1,692,862
623,289 627,604
9,400,000
8,700,000
Less accumulated depreciation
–
(142,500)
Total land and buildings
9,400,000 8,557,500
Non-current
Held to maturity financial assets:
Note 10: Other Assets
Current
Prepayments
Note 11: Property, Plant and Equipment
Land and Buildings
Freehold land and buildings at fair value
Plant and Equipment
Furniture, fixtures and fittings
At cost
2,868,549
2,339,203
Less accumulated depreciation
(1,712,034)
(1,486,597)
1,156,515
852,606
Total property, plant and equipment
10,556,515 9,410,106
Financial Report
Note 11: Property, Plant and Equipment (continued)
(a) Valuation
The economic entity’s land and buildings were revalued at 30 June 2009 by independent valuers. Valuations were made on the
basis of open market value. The revaluation surplus net of applicable deferred income taxes was credited to an asset revaluation
reserve in shareholders’ equity.
(b) Movements in Carrying Amounts
Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the year.
Land and Furniture, fixtures
buildings
and fittings
Economic entity
Economic entity
$
$
2009
Balance at the beginning of the year
Additions
Revaluations
Depreciation expense
852,606
–
527,451
985,000
–
(142,500)
(223,542)
–
–
9,400,000
1,156,515
8,700,000
676,672
–
356,137
Assets under construction
Carrying amount at end of year
8,557,500
2008
Balance at the beginning of the year
Additions
Disposals
–
(3,356)
Depreciation expense (142,500)
(176,847)
Carrying amount at the end of the year
8,557,500
852,606
(c) Carrying amounts that would have been recognised if land and buildings were stated at cost
Notes
Economic Entity
2009
$
2008
$
Cost
6,533,586
6,533,586
Accumulated depreciation
(1,022,819) (880,319)
Carrying amount
5,510,767
5,653,267
151,818
–
1,132,111 1,159,289
Freehold land and buildings
Note 12: Intangible Assets
Website development at cost
Note 13: Payables
Current
Unsecured liabilities
Trade creditors and accruals
Sundry creditors
548,628
462,041
1,680,739 1,621,330
Note 14: Provisions
Economic Entity
Notes
2009
$
2008
$
Current
Employee benefits
(a)
1,107,636 986,149
1,107,636 986,149
(a)
149,818 259,101
149,818 259,101
(a) Aggregate employee benefits liability
1,257,454 1,245,250
(b) Number of employees at year end
154
150
Non-current
Employee benefits
The Law Institute Victoria has changed its current and non current classification of provision for long service leave for the year
ending 30 June 2009. Provision for long service leave was previously classified as a current liability where settlement of the
liability was expected to occur within 12 months. In accordance with guidance issued by the IASB in March 2009 provision for
long service leave is now classified as current where the employee is entitled to be compensated for the leave within 12 months
of them rendering the service and there is no unconditional right of deferral.
The aggregate effect of the change in classification for the comparative year ended 30 June 2008 was to increase the current
provision for long service leave and total current liabilities by $159,890 and to decrease non current provision for long service
leave and total non current liabilities by $159,890.
Note 15: Other Liabilities
Current
Deferred income
3,997,283 3,839,440
3,089,837 2,357,007
Note 16: Reserves
Asset revaluation reserve
16(a)
Other reserves
4,500
4,500
3,094,337
2,361,507
Opening balance
2,357,007
2,344,712
– Revaluation of building
689,500
–
– Tax effect of capital allowance on building
43,330
12,295
Closing balance
3,089,837 2,357,007
(a) Asset Revaluation Reserve
Movements during the financial year:
The asset revaluation reserve records revaluations of noncurrent assets
Financial Report
Note 17: Retained Profits
Economic Entity
2009
$
2008
$
Retained profits at the beginning of the financial year
14,761,934
13,898,292
Net profit attributable to members of the entity
603,262
863,642
Retained profits at the end of the financial year
15,365,196
14,761,934
Note 18: Cash Flow Information
(a) Reconciliation of cash
For the purposes of the statement of cash flows, cash includes cash on hand and at call deposits with banks or financial
institutions, investments in money market instruments maturing within less than two months and net of bank overdrafts.
Cash at the end of the financial year as shown in the statements of cash flows is reconciled to the related items in the statement
of financial position as follows:
Cash on hand
1,350
1,300
Cash at bank
9,064,243 325,745
Short term bank bills
1,499,870 9,107,126
10,565,463 9,434,171
(b) Reconciliation of cash flow from operations with profit from ordinary activities after income tax
Profit from ordinary activities after income tax
603,262 863,642
Depreciation
366,042 319,347
Net loss on disposal of property, plant and equipment
–
3,356
Net loss on disposal of investments
28,000
–
Unrealised loss on investments
174,985 540,691
Provision for obsolete inventory
(14,702)
–
Bad and doubtful debts expense
13,931 6,965
Increase in receivables
(63,562) (180,026)
Decrease in amount owing from Legal Services Board
230,505 20,144
Increase in sundry debtors and prepaid expenses
(253,985)
(546,206)
(Increase)/decrease in inventories
30,720 (17,207)
Increase/(decrease) in payables
59,409 597,580
Increase in deferred income
157,843 205,766
Increase/(decrease) in deferred taxes
(56,091)
12,295
Increase in provisions
12,204 100,366
Cash flows from operations
1,288,561 1,926,713
Non-cash flows in profit from ordinary activities
Changes in assets and liabilities
Note 19: Key Management Personnel Compensation
Economic Entity
2009
$
2008
$
short term employee benefits
359,250
535,176
359,250
535,176
The key management personnel comprise directors of the entity and Chief Executive Officer.
Compensation received by key management personnel of the Company:
The names of directors who have held office during the financial year are:
Danny Barlow
Anthony Burke
Caroline Counsel
Catherine Gale
Iresha Herath
Michael Holcroft
Brigid Jenkins
Aurora Kostezky
Anthony (Tom) May
Conor O’Brien
John O’Callaghan
Bruce Pippett
Geoff Provis
Dominique Saunders
Steven Stevens
Stella Stuthridge
Patrick Sweeney
Reynah Tang
Lucy Terracall
Elissa Watson
Stuart Webb
Mark Woods
Note 20: Events Subsequent to Reporting Date
There has been no matter or circumstance, which has arisen since 30 June 2009 that has significantly affected or may
significantly affect:
(a) the operations, in financial years subsequent to 30 June 2009, of the consolidated entity, or
(b) the results of those operations, or
(c) the state of affairs, in financial years subsequent to 30 June 2009, of the consolidated entity.
Note 21: Economic Dependence
A significant portion of the revenue is derived under the Legal Profession Act 2004, through the LIV delegated regulatory role.
Under this Act the Legal Services Board and the Legal Services Commissioner have the power to investigate and prosecute
lawyers and mediate disputes between lawyers and clients and have agreed to delegate investigations, complaints and external
interventions as and when required to the Law Institute of Victoria. These delegated functions are for a period of one year at
present.
A review of these delegated functions and associated reimbursement of costs has been undertaken and over the past year. This
has resulted in a simpler model to be agreed upon which has the desired result of giving both the LSB/LSC flexibility and
certainty of cost and at the same time giving the LIV certainty over the next few years.
Note 22: Segment Reporting
The LIV and its controlled entity operate in the legal industry, predominately in Australia.
Note 23: Financial Instruments
The consolidated entity is exposed to a variety of financial risks comprising:
(a) Market risk;
(b) Interest rate risk
(c) Credit risk; and
(d) Fair values.
The board of directors has overall responsibility for identifying and managing operational and financial risks.
Financial Report
Note 23: Financial Instruments (continued)
Financial Risk Management
The company developed and adopted an investment plan to maximise return of the investment portfolio within defined risk
categories. The LIV minimises concentrations of investment risk by undertaking direct investment transactions with a wide
variety of suitably rated financial institutions. Longer term investments are diversified through a fully distributing fund,
investing in Australian equities, property and fixed interest.
(a)Credit Risk Exposure
The credit risk on financial assets of the company, which have been recognised in the Balance Sheet, is the carrying
amount, net of any provision for doubtful debts.
The LIV does not enter into or trade financial instruments, including derivative financial instruments, for speculative
purposes.
The LIV financial instruments consist mainly of bank bills and cash. The main purpose of these financial instruments is
to invest surplus member funds in order to maximise returns while not exposing the organisation to a high level of risk.
Other financial assets and liabilities are trade receivables and trade payables which arise directly from the LIV’s operations.
(b) Foreign Currency Risk Management
The LIV does not have any direct exposure to foreign currency.
(c)Interest Rate Risk
Exposures to interest rate risk are limited to assets and liabilities bearing variable interest rates.
The majority of financial assets are bank bills with fixed interest rates and terms not exceeding 120 days which are held
to maturity.
Other interest bearing investments are held in mortgage securities, at a fixed interest rate for the term 3 years.
The economic entity’s exposure to interest rate risk, which is the risk that a financial instrument’s value will fluctuate as
a result of changes in market interest rates and the effective weighted average interest rates on classes of financial assets
and financial liabilities, is as follows:
Floating
2009
interest
Financial Instruments
rate
$
Fixed
interest rate maturing in:
1 year or less
$
Fixed
interest rate
maturing in: Non-interest
Over 1 to 5 years
bearing
$
$
Total carrying
amount
as per the
balance sheet
$
Weighted
average
effective
interest rate
%
3.5
(i) Financial assets
2,064,243
8,499,870
–
1,350
10,565,463
Trade and other receivables
–
–
–
1,080,549
1,080,549
-
Receivables other related parties
–
–
–
421,557
421,557
-
Unlisted shares
–
–
–
147,868
147,868
-
Property fund units
–
–
–
482,840
482,840
-
Share fund units
–
–
–
119,128
119,128
-
Bond fund units
–
–
–
227,415
227,415
-
Mortgage loans
–
–
995,000
–
995,000
7.2
2,064,243
8,499,870
995,000
2,480,707
14,039,820
Trade creditors
–
–
–
1,132,111
1,132,111
-
Deferred income
–
–
–
3,997,284
3,997,284
-
Total financial liabilities
–
–
–
5,129,395
5,129,395
Cash
Total financial assets
(ii) Financial liabilities
Note 23: Financial Instruments (continued)
Floating
2008
interest
Financial Instruments
rate
$
Fixed
interest rate maturing in:
1 year or less
$
Fixed
interest rate
maturing in: Non-interest
Over 1 to 5 years
bearing
$
$
Total carrying
amount
as per the
balance sheet
$
Weighted
average
effective
interest rate
%
(iii) Financial assets
325,745
9,107,126
-
1,300
9,434,171
7.8
Trade and other receivables
Cash
-
-
-
772,618
772,618
-
Receivables other related parties
-
-
-
652,062
652,062
-
Unlisted shares
-
-
-
147,868
147,868
-
Property fund units
-
-
-
470,128
470,128
-
Share fund units
-
-
-
230,261
230,261
-
Bond fund units
-
-
-
303,979
303,979
6.0
Mortgage loans
-
-
1,545,000
-
1,545,000
325,745
9,107,126
1,545,000
2,578,216
13,556,087
Trade creditors
-
-
-
1,159,289
1,159,289
-
Deferred income
-
-
-
3,839,440
3,839,440
-
Total financial liabilities
-
-
-
4,998,729
4,998,729
Total financial assets
(iv) Financial liabilities
(d) Net Fair Values
The net fair value of financial assets and financial liabilities approximates their carrying values as disclosed in the statement
of financial position and notes to the financial statements.
(f) Liquidity Risk Management
Ultimate responsibility for liquidity risk management rests with the Board of Directors, who have built an appropriate
liquidity risk management framework for the management of the LIV short, medium and longterm funding and liquidity
management. The LIV manages the liquidity risk by maintaining adequate cash reserves, and by continuously monitoring
forecast and actual cash flows while matching the maturity profiles of financial assets and liabilities. Given the current
surplus cash assets, liquidity risk is minimal.
(g) Sensitivity Analysis
The table below details the LIV’s sensitivity to shifts in interest rate and market prices. The exposures are based on
management’s best estimates of the possible adverse effects of changes in interest rate and market prices as at 30 June 2009.
Interest rate sensitivity analysis is based on balances of bank bills not exceeding 1 year terms. Exposures are calculated
at a shift of 50 basis points. A net decrease in interest translates into a fall in profit as investment income is reduced.
Market price sensitivity is based on balances of Property, Bond and Share Funds as at 30 June 2009. Price sensitivities
are calculated for shifts in fair values of 10%.
2009
0.5%
2008
(0.5)%
0.5%
(0.5)%
Interest rate sensitivity
Increase/(Decrease) in profit
4,147
(4,147)
46,250
(46,250)
Increase/(Decrease) in Equity
4,147
(4,147)
46,250
(46,250)
2009
2008
0.5%
(0.5)%
0.5%
(0.5)%
Increase/(Decrease) in profit
35,750
(35,750)
100,437
(100,437)
Increase/(Decrease) in Equity
35,750
(35,750)
100,437
(100,437)
Market price sensitivity
Financial Report
Note 24: Economic Entity Details
The registered office of the company is:
Law Institute of Victoria Ltd
470 Bourke Street
Melbourne Vic 3000
Note 25: Members’ Guarantee
The economic entity is limited by guarantee. If the economic entity is wound up, the constitution states that each member
is required to contribute a maximum of $10 each towards meeting any outstanding obligations of the economic entity.
At 30 June 2009, the number of members was 15,601 (2008: 15,117).
Director’s Declaration
The directors of the company declare that:
1. The financial statements and notes, as set out on pages 11 to 38, are in accordance with the Corporations Act 2001:
(a) comply with Accounting Standards in Australia and the Corporations Regulations 2001; and
(b) give a true and fair view of the financial position as at 30 June 2009 and performance for the financial year ended
on that date of the economic entity.
2. In the directors’ opinion there are reasonable grounds to believe that the company will be able to pay its debts as and
when they become due and payable.
This declaration is made in accordance with a resolution of the Board of Directors.
Director
Danny Barlow
Director
Caroline Counsel
Dated 22nd of September 2009
ABN 27 975 255 196
INDEPENDENT AUDITOR'S REPORT
TO THE MEMBERS OF
INDEPENDENT
AUDITOR'S
LAW
INSTITUTE OF
VICTORIAREPORT
LTD
ABN 27 975 255 196
ABN 27 975 255 196
independent Victorian Partnership
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ABN 27 975
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T J BENFOLD Pitcher Partners is an association of independent firms
- 41 -
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Liability Partner
limited by
a scheme approved under Professional Standards Legislation - 41 - Melbourne
Melbourne
| PARTNERS
Sydney | Brisbane | Perth | Adelaide
T
J
BENFOLD
PITCHER
Liability
limited
by
a
scheme
approved
under
Professional
Standards
Legislation
24 September 2009
- 41 Melbourne | Sydney | Brisbane | Perth | Adelaide
Partner
Melbourne
September 2009
LIV staff:
supporting the membership for 150 years
Since the inception of the LIV in 1859, a hallmark of
the organisation has been the loyalty, dedication and
professionalism of its staff. To commemorate the LIV’s
150th anniversary, listed below are its staff of 2008-09.
Joy Acquaro
Eilish Cooke
Mark Higgins
Leo Maximos
Mary Roditis
Donna Adams
Gregory Cooper
Ann Hinsch
John Mazaris
Katie Round
David Alderman
Harold Cottee
Darren Hogeboom
Shannon McCarthy
Lucy Rozsa
Anna Alexander
Josie Cox
Bill McCormack
Donna Sallmann
Katy Alexander
Tracie Crook
Virginia
Holdinghausen
Michelle Sampieri
Geraldine Allen
Jody Culey
Paul Hornsby
Julie McCormack
Branca McFarlane
Belinda Schembri
John Ames
Nadia De Luca
Jennifer McGavisk
Emily Schneider
Alice Anderson
Kelly Dermer
Louise McNamara
Belinda Scott
Mario Appiah
Dru Dundon
Antony Mian
Lisa Sculley
Barry Baker
Jol Dunn
Margaret Miceli
Nikola Sharp
Joseph Barravecchio
David Eastwood
Maureen Miovich
Alison Shield
Brenda Barrowclough
Elina Eliades
Jo Molan
Robin Smith
Leanne Beattie
Elpi Emmanuel
Laura Muccitelli
Scott Smith
Margaret Bell
Rebecca English
Elizabeth Mucha
Jonathon Smith
David Benington
Penny Fairbank
Ronni Murphy
Tracey Spiller
Ali Beriman
Marese Farrelly
Dianne Murray
Jennifer Stebbing
Maria Bhatti
Tom Fontana
Kerrie Mussert
Anjali Stevenson
Sylvia Bianco
Michele Frankeni
Leanne Newson
Tehani Suafoa
Helen Blaskett
David Furler
Wendy Ng
Michelle Sundakov
Beverley
Blennerhassett
Robin Gardner
Peter Nicholas
Ben Taylor
Joe Nieuwenhuizen
Maya Thomas
Sue Noble
Allan Thompson
Mark Norman
Nerissa Thompson
Lorena Orellana
Margaret Tokarz
Kerry O’Shea
Roberto Torres
Peter Otmar
Jineen Torresi
Alice Palmer
Don Tran
Mick Paskos
Theresa Troke
Kathryn Pastro
Brigitte Tyrrell
Ron Pata
Nina Valera
Johanna Pemberton
Kirsten Van De Hoef
Robyn Pipe
Roger Walton
Tony Pirritano
Trish Warr
Tony Rainer
Martin Watts
Pauline Reid
Sue White
Abby Richardson
Tracy Whitmey
Saskia Maschette
Charlie RichmondSmith
Susan Woodman
Daine Mason
Penny Robertson
Ivan Boban
June Brake
Natalie Brehm
Michael Brett Young
Heidi Brown
Kelly Buzza
Beth Cain
Garry Cameron
Elizabeth Camillo
Frances Caputa
Karen Cheng
Sam Chhay
Grant Chin
Irene Chrisafis
Hannah Christensen
Colin Chun
Elissa Cohan
Paul Considine
Gilly Garnham
Lucy Geddes
Jenny Giavris
David Gourlay
Meg Gourlay
Ann Graham
Jason Gregory
Pamela Hadley
Sharon Hanson
Kathleen Harper
Francesca Harrison
Helen Hartsias
Mike Hayes
Liz Hayes
Gemma Hazmi
Laura Helm
Noel Henman
Claire Hewitt
Chrissie Heyn
Kathy Howard
Carrie Hudson
Owen Hyde
Michael Iudica
Maxine Jacona
Tony Jakubaitis
Joe Jeney
Kevin Jennings
Anna Johnston
Alexandra Judd
Nick Karipidis
Pauline Keenan
Timeka Kennedy
Colin Kerr
Valerie Kinchin
Angela Korteman
Val Kozovska
Terleetha Kruger
Fei Lau
Joanne Lau
Louise Lawton
James Leach
Tristan Lee
Margaret Lee
Bob Lees
Andrew Liew
Sherryn Lim
Susan Long
Fiona Macdowell
Kathryn Marnell
Kirsten Marnell
Christa Zeuschner
Law Institute of Victoria
470 Bourke Street
Melbourne Victoria 3000 Australia
Phone: 03 9607 9311
Fax: 03 9602 5270
Email: [email protected]
www.liv.asn.au

2009 Annual Report - Law Institute of Victoria

Transcription

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