Ongoing impact of lockdowns and announcement of the Walama Pilot list

Ongoing impact of prolonged lockdowns

The Law Society has been concerned for some time about the COVID related stress that solicitors have been under this year while trying to prepare matters, comply with court timetables and deal with regulatory notices. While offices may now be reopening things are by no means back to normal and the impacts of prolonged lockdowns are still being felt. Members would remember that I raised this issue with the heads of jurisdiction. In response, the heads of jurisdiction publicly reassured solicitors that they should not to feel concerned about approaching the Courts to seek appropriate extensions or flexibility in matters. I have continued this conversation with the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC).

I can now inform you that the ACCC has advised me that its staff have been requested to seek to minimise the regulatory burden when possible.  They welcome any feedback or concerns in relation to compliance with compulsory notices.   If, as a result of circumstances associated with the pandemic, compliance with deadlines is likely to be very difficult or impossible, the ACCC is generally inclined to consider requests for extensions favourably.  Such requests should be made in advance of the expiry date of the notice. 

ASIC has also informed me that it has reminded its staff to be cognisant of the impact that its notices to produce can have on recipients of notices and their advisers, particularly over the holiday period.  While ASIC will continue its important work, it will seek to avoid, where possible and appropriate, issuing notices to produce and having return dates for those notices between late December 2021 and mid-January 2022.  Importantly, this will provide some relief to ASIC staff and those who work on responding to notices over the holiday period and while the Courts are generally not sitting.  Should you have any issues or concerns regarding ASIC notices or their time limits, ASIC encourages you to raise these issues with them.

The Law Society is grateful to both ASIC and the ACCC for responding to representations about the challenges practitioners are dealing with in the COVID-19 environment.

Walama Pilot list to commence in 2022

The Law Society welcomes today’s announcement that the Walama Pilot list will commence in February 2022 within Sydney Downing Centre District Court.

The Walama List pilot is an important step towards the establishment of a Walama Court. It will play a significant role in reducing re-offending by engaging Indigenous offenders with community-based programs that address the causes of offending. The evidence is clear that services and programs for Indigenous people function more effectively when Indigenous people and communities have been involved with the design and delivery. We understand that this is true for the Walama List pilot and support this step towards Indigenous self-determination. I would like to particularly acknowledge the role of Chief Judge of the District Court, Justice Derek Price AO, and her Honour Judge Dina Yehia SC, who have long championed efforts to establish and fund a Walama Court.

Welcoming the new President of the Children’s Court

This morning I had the honour of speaking on behalf of the state’s solicitors at a formal ceremony to mark the appointment of Magistrate Ellen Skinner as a Judge of the District Court & President of the NSW Children's Court. Judge Skinner brings many years of experience as a solicitor and magistrate to the role. Her Honour was appointed to the bench in 2009 at the age of 33. She was and still is the youngest magistrate ever appointed in NSW. Judge Skinner’s ability to see the justice system as a force for good in each child’s life, and her commitment to improving outcomes for young people, will bring a powerful perspective to her leadership of the Children’s Court. I wish her every success in her new role.

Juliana Warner, President, Law Society of NSW