Sources of legal ethical obligations
4.10 In Australia, the key sources of lawyers’ professional responsibilities are general law, statute and professional rules—sometimes collectively referred to as the ‘law of lawyering’.[4]4.11 As outlined above, the focus of this Inquiry is on discovery in the context of the federal civil justice system. However, to the extent that lawyers practising in the federal …
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Read moreBackground
1.1 On 10 May 2010 the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission (ALRC) to explore options to improve the practical operation and effectiveness of discovery of documents in proceedings in federal courts. 1.2 The Inquiry was initiated following a recommendation in the report of the Australian Government …
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Read moreImproving safety the key aim of the ALRC/NSWLRC Family Violence Report
The Australian and NSW Law Reform Commissions today released their Final Report, Family Violence—A National Legal Response containing 187 Recommendations for reform.
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Read moreTable of Legislation
Australia Commonwealth Acts Interpretation Act 1901 Aged Care Act 1997 Australian Constitution Australian Crime Commission Act 2002 Australian Law Reform Commission Act 1996 Child Support (Assessment) Act 1989 Crimes Act 1914 Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 Criminal Code Criminal Code Act 1995 Customs Administration Act 1985 Evidence Act 1995 Evidence Amendment Act …
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Read moreExisting specialised family violence courts in Australia
32.33 As noted above, in Australia there are family violence courts in NSW, Victoria, Queensland, Western Australia, South Australia, and the ACT. All these are part of the local or magistrates court in the relevant jurisdiction. Such a court has recently been recommended for Tasmania. [46] In most of these jurisdictions, the family violence court …
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Read moreExpanding specialised family violence courts in Australia
32.57 In the Consultation Paper, the Commissions expressed the preliminary view that specialised family violence courts should be more widely established in Australia.[87] There was significant support for this proposal in submissions and consultations, and the Commissions remain of the view that such courts are of value and should be more widely established in Australia.[88] …
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Read moreSpecialised family violence courts
32.21 Of particular interest to this Inquiry is the use of specialised courts. Since the 1990s, specialised courts have flourished in the form of drug courts, mental health courts, community courts and—most importantly, for the purposes of this Inquiry—family violence courts. In Australia, family violence courts now operate in NSW, Victoria, Queensland, South Australia, Western …
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Read moreKey focus areas for education and training
31.15 The Commissions have, throughout this Report, made recommendations in specific areas where the interaction in practice of legal frameworks may be improved through education and training. This section brings together some of those recommendations, and also considers a number of issues in relation to education and training at a national level. Nature and dynamics …
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Read moreInformation flow to the family violence system
Notification of parenting orders30.83 With the exception of the ACT, the family violence legislation in each of the states and territories includes provisions for the state and territory courts to gain access to information about parenting orders.[95] However, the legislation differs in relation to the procedure by which the information is obtained. Most commonly, the …
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Read moreStrategies to improve information sharing
Information sharing protocols and MOUs30.186 The NSW Ombudsman has noted that it is:important to recognise that the formal arrangements being developed in relation to information exchange present only part of the challenge. Both government and non-government agencies alike need to appreciate that effective child protection practice is contingent on agencies understanding the need to be …
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