On 26 March 2024, Associate Professor Dominique Allen in partnership with the Ant-Discrimination Commission delivered a free CPD to the Profession entitled Positive Duties.

Associate Professor Dominique Allen has kindly provided a follow up article for the profession.

Click here to view the article.

Contact: please email This email address is being protected from spambots. You need JavaScript enabled to view it. for any questions.

*Please note that in person attendance is limited so if you wish to attend in person, please register as soon as possible.* 

In partnership with the Anti-Discrimination Commission and the Law Society Northern Territory. Associate Professor Dominique Allen will be delivering a CPD to the profession addressing positive duty in the Northern Territory.

The last few years have seen significant changes to anti-discrimination laws throughout Australia. Governments have acknowledged that an approach which tackles discrimination on an individualised basis, once unfavourable treatment has already occurred, will not address ongoing, systemic disadvantage in society. Instead, a proactive approach is needed.
In this seminar, Dominque will discuss the operation of positive duties, focusing on the Northern Territory, and consider how positive duties have the potential to overcome the limitations of traditional anti-discrimination laws.

Date: Tuesday, 26 March 2024
Time: 4:00 pm – 5:00pm
Venue: REINT Training Room, 2/6 Lindsay Street Darwin and online via Zoom.

To register your attendance click here.

This session can be claimed to meet that core competency.

*Please note that in person attendance is limited so if you wish to attend in person, please register as soon as possible.*

The Law Society Northern Territory presents the Sexual Harassment and Workplace Culture CPD sessions ahead of the end of the 2023/2024 CPD year.

Since 1 April 2023, it has been a condition of all Practicing Certificates issued in the Northern Territory that practitioners accrue at least one CPD point in the core competency

‘Skills relating to identifying, addressing and preventing bullying, discrimination and harassment in the workplace’.

This session can be claimed to meet that core competency.

11 March 2024 12:30-14:00 – presented by Fiona Kepert and Jodi Truman –online only
25 March 2024 12:30-14:00 – presented by Aislinn McIntyre and Georgia Kalyniuk – in Darwin or online

To register for these sessions, please click the links below. 

Monday 11 March 2024 12:30pm - 2:00pm to register click HERE.
Monday 25 March 2024 12:30 to register click HERE.

 "How skilled migration can help with workforce shortages”

Presented by Kajaliny Ranjith
 

Kajaliny is the Principal Solicitor at KJ Lawyers which is a Northern Territory based law firm which provides advice in all areas of migration law.  Kajaliny has more than 15 years of experience practicing migration law in Australia.

 
Date:     Thursday, 21 March 2024 
Time:     12:00 pm - 1:00 pm 
Venue:   REINT Training Room, 2/6 Lindsay Street, Darwin City 

In person and online by Zoom.

Tickets are free and practitioners can attend in person or via Zoom but they must register to secure a seat or receive an email with the Zoom access details.

*Please note that in person attendance is limited so if you wish to attend in person, please register as soon as possible.* 

To Register, please click HERE.

Law Society Northern Territory welcomes appointment of new Federal Circuit and Family Court Judge.

The Law Society Northern Territory (Society) welcomes the announcement of the appointment of Mr Anastasis (Tass) Liveris as a Judge of the Federal Circuit and Family Court of Australia (Court). The Law Society Northern Territory (Society) welcomes the announcement of the appointment of Mr Anastasis (Tass) Liveris as a Judge of the Federal Circuit and Family Court of Australia (Court).

The Society has long been a supporter of local judicial appointments and it is pleasing to see Judge Liveris’ appointment to the Darwin registry of the Court.

Society President Richard Henschke said, “The Society welcomes the appointment of a local born and bred member of the Northern Territory legal profession to this important judicial position. Judge Liveris will bring a deep understanding and knowledge of the Northern Territory to the role.

It is also especially pleasing to see Judge Liveris permanently appointed to the Darwin registry of the Court, a move which will be appreciated by Northern Territory practitioners and enhance access to justice for Territorians.“

Judge Liveris has had a long and successful career in the Northern Territory both as a solicitor and barrister and is well respected throughout the local profession. In addition Judge Liveris has had a long association with the Society including as President from 2015 to 2017 and also representing the local and national profession with distinction as President of the Law Council of Australia in 2022.Judge Liveris has had a long and successful career in the Northern Territory both as a solicitor and barrister and is well respected throughout the local profession. In addition Judge Liveris has had a long association with the Society including as President from 2015 to 2017 and also representing the local and national profession with distinction as President of the Law Council of Australia in 2022.

Revised Special Leave Process

The High Court of Australia has revised the process for the consideraton of applicatons for special leave to appeal, applicatons for leave to appeal and applicatons for removal. The Court will also change the timing and manner of publicaton of its decisions in relaton to these applicatons.

Consideration of applications
As is the current practice, all applications will be considered by the Court, in the first instance, on the basis of the written material.

Applications in which the applicant is unrepresented will generally be determined by two Justices. Applications in which the applicant is represented will now generally be determined by all seven Justices.

The Registry will refer applications to the Justices at the commencement of each sitting period. The Justices will meet on the first Monday of the following sitting period to consider the applications and will publish their decisions on the afternoon of the first Thursday of that sitting period.

Publication of dispositions
The decisions of the Court in applications have until now been published by the Justices sitting in court, in the absence of the parties, to pronounce orders and publish the written reasons for their decision (disposition) in each application. From December 2023 the Justices will publish the dispositions on the Court's website rather than in open court. This will streamline the publication process and will ensure that the publication of the Court's decisions is immediate and that the decisions are publicly accessible on the Court's website.

The Court's decisions will be provided to the parties in the usual way, through the Court's Digital Lodgement System, at the same time as they are published on the Court's website. The Registry will continue to publish the results sheet on the day the decisions are published.

Dispositions will continue to be published on the AustLII and Jade BarNet websites.

To read about the Revised Special Leave Process click HERE to view the full atrical. 

Law Society Northern Territory calls for action to support Northern Territory Legal Aid Commission

The Law Society Northern Territory (Society) has previously expressed concern at the issues impactingthe operations of North Australian Aboriginal Justice Agency (NAAJA). 

Of equal concern and importance is the impact that these issues are having on the wider legal aidcommunity and in particular on the Northern Territory Legal Aid Commission (NTLAC). 

NTLAC cannot be expected to pick up the additional criminal matters workload resulting from the current NAAJA issues. NTLAC undertakes an important role in representing vulnerable members of the community navigate the criminal justice system but it cannot come at the cost of the health, wellbeing and welfare of its legal practitioners. 

The Society calls upon the Territory and Commonwealth governments to work with NTLAC to ensure ithas the necessary funding, resources and support to undertake not only its core functions but in the immediate future, any additional workload flowing from the current situation at NAAJA. 

Society President Mr Richard Henschke said, “NTLAC funding and resourcing has long been an issue and it cannot be expected to continue to provide its existing level of support and services as well as pick up an additional workload at short notice without immediate extra government support. 

The current situation requires a quick and decisive response.”

The Department of the Attorney-General and Justice is hosting Information Sessions in Darwin and Alice Springs from 21 - 24 November 2023 and 4 December 2023 for the repeal of mandatory sentencing.

Information sessions on the reforms and the programs to support them will be held on the following dates in Darwin and via TEAMS:

• 21 November 2023 9:30 am – 11:00 am
• 22 November 2023 11:00 am – 12:30 pm
• 22 November 2023 4:30 pm – 5:30 pm
• 23 November 2023 9:30 am – 11:00 am
• 24 November 2023 2:00 pm  – 3:30 pm

Venue: AGD Old Admiralty Towers, ground floor meeting room, 68 The Esplanade Darwin in person and via Teams.

 
Separate sessions will be hosted for Alice Springs on 4 December 2023 the location to be advised:

• 4 December 11:00 am – 12:30 pm
• 4 December 4:00 pm – 5:30 pm 

Those based in Katherine and elsewhere in the northern region will be able to attend remotely via Teams to the Darwin or Alice Springs sessions. For further infomation please contact Sam Pawelski on (08) 8935 7668 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

The NT Bar Association is hosting its final seminar for 2023 on Wednesday 29 November 2023 at William Forster Chambers.

In this seminar we will hear from a highly experienced mediator, Mr Stephen Walsh KC, who will share his insights and lessons learned from over 30 years’ experience conducting mediations. Stephen will address matters such as: when to mediate; what to do in a deadlock and some important pre-mediation considerations to get the most out of your mediation process.

This seminar is suitable for barristers and solicitors who engage in civil litigation and dispute resolution alike.

Date: Wednesday 29 November 2023
Time: 4:30PM to 5:30PM
Venue: William Forster Chambers, Level 1, 26 Harry Chan Avenue, Darwin or ONLINE via MS Teams (Link to be sent separately via email before the seminar).

Cost: $16.50 inc GST

To Register : https://www.eventbrite.com.au/e/getting-the-most-from-mediations-current-perspectives-tickets-763202056897?aff=oddtdtcreator

For further information please email Melissa Yates on This email address is being protected from spambots. You need JavaScript enabled to view it..

The Law Society Northern Territory deeply concerned at NAAJA developments.

The Law Society Northern Territory (Society) notes with great concern the current issues impacting the operations of North Australian Aboriginal Justice Agency (NAAJA).

The current situation at NAAJA including personnel shortages impacts severely on the ability of the agency to provide adequate and sustainable representation to Aboriginal people across the Northern Territory particularly in relation to criminal matters.

Equally of concern to the Society is the impact the current situation at NAAJA is having on its employees generally and on its legal practitioners in particular.

The health, wellbeing and welfare of legal practitioners at NAAJA must be and must remain of paramount concern at all times.The Society is pleased to note that the Northern Territory Government and the Commonwealth Government are working with NAAJA to address the current situation.

Society President Mr Richard Henschke said, “Organisations such as NAAJA have a very important role in the administration of justice in the Northern Territory and it is vital that they are properly resourced and governed and that their staff receive adequate and appropriate support at all times.”

NOTICE OF ANNUAL GENERAL MEETING

Date: Thursday 16 November 2023
Time: 5.00 pm start
Venue: REINT Training Room - 2/6 Lindsay Street, Darwin NT, 0800

Registration commences at 4:30pm for a 5:00pm start.

Further information will be released over the coming weeks leading up to the AGM and members will be notified of updates via email and The Practitioner.

President’s Message

Over the course of the past few months, the Council of the Law Society has been considering issues related to the upcoming referendum including the policy position that the Law Society should adopt, if any, in relation to the proposal to enshrine the Voice in the Australian Constitution.

At its most recent meeting on Thursday 29 June 2023, Council finalised its position on this issue and resolved:

That the Society publicly support the proposal to enshrine an Aboriginal and Torres Strait Islander Voice in the Australian Constitution to be put to the Australian people by way of referendum later this year.

Council members acknowledged that there would be a diversity of views on this issue both within the Society’s membership and the wider community but were of the view that it was incumbent upon them as the Society’s elected representative decision making body to resolve a position.

I believe this was the appropriate approach for the Council to adopt.

Please see attached LSNT Media Release on this issue here.

Further to the Media release sent to members of the Society on 13 July 2023, the Law Council of Australia (LCA) has produced a Guide and Fact sheets to the Legal Profession.

The Guide to the Legal Profession contains:

• the origins of the proposal to amend the Constitution to provide for the Voice:
• the compelling case for a Voice which underpins the LCA’s position of full and unqualified support;
• an analysis of the proposed constitutional amendment; and
• comprehensive responses to concerns commonly raised with respect to the Voice.

The Factsheets provide information on the referendum process generally; the proposed amendment to the Constitution to provide for the Voice; frequently asked questions regarding the Voice and the rationale for the LCA support for the Voice.

The Guide and Factsheets attached and have been produced by the LCA to assist interested legal practitioners and members of the general public.

Guide to the Legal Profession - Voice Referendum

Fact sheet - Amending the Australian Constitution

Fact sheet The Voice - Compelling case for the Voice Final

The Voice - FAQs

Fact sheet The Voice - The Proposed Constitutional Amendment Final

Presented by Tim Scotter

Tim is a commercial Barrister at the Victorian Bar since 2006. He has over 30 years of experience as a litigation practitioner, specialising in professional negligence and discipline. Time is a member of the Victorian Bar’s Ethics Committee and is involved in legal education in this area of practice.

• Firday 30 June 2023 
• 1:00 pm to 2:00 pm
• 1 CPD points 
• Attendance in person (maximum 35) or by Zoom
• REINT Training Room, 2/6 Lindsay Street, Darwin City NT 0800

Tickets are free and practitioners can attend in person or via Zoom. You must register to secure a seat or receive an email with the Zoom access details.

REGISTER HERE