President's Message - Monday 8 April 2024 - The Law Society of New South Wales

Working for a fair and practical AML/CTF regime

PRESIDENT'S MESSAGE | 15 JULY 2024

Last week the Commonwealth Attorney General Mark Dreyfus KC addressed the National Press Club in Canberra to outline the Commonwealth Government’s approach to reforming Australia’s anti-money laundering and counter terrorism finance (AML/CTF) regime. He was joined by AUSTRAC CEO Brendan Thomas.

There has been no hotter topic for members I’ve engaged with over the course of the past few months, given the potentially significant impact on practice that the reforms may impose, and the lack of certainty around ongoing protections for the foundational principle of client legal privilege.

The Law Society recognises the need for a well-considered and targeted AML/CTF regime. Lawyers already play an important role in managing AML/CTF risks outside the current regime by virtue of our existing statutory and ethical obligations.

The Law Society of NSW will continue to advocate on behalf of our members to ensure affected parts of the profession have adequate time to prepare for, and implement, any new requirements following the passage of legislation.

You can watch the Press Club address on ABC iView and read the transcript of the Q&A here. The Law Council of Australia’s statement responding to the address can be read here.

Solicitors picked for historic judicial appointments

Last Friday, NSW Attorney General Michael Daley announced the appointments of four extraordinarily accomplished solicitors to the Local Court bench. In a year when the Supreme Court is marking its 200th year, these appointments are making history of their own.

The approval by the Governor of four solicitors to the bench in the one meeting of the Executive Council is a rare event, particularly as all four of the new Magistrates are women, joining an already gender balanced Local Court.

This morning, I was honoured to welcome Magistrate Maryanne Higginson at her swearing-in ceremony, the first of the four such special sittings this week. Tomorrow we will welcome Danielle Mansour to the bench. Rachel Wong will be sworn in on Wednesday and the final appointee in this historic quartet is Jennifer Wong.

You can read our media release welcoming these appointments here, but I also want to use this message to thank Jennifer for her work as a servant of the solicitor profession.

At least until she is sworn in this Thursday, I retain the temerity to use her first name. I have served for some years beside Jennifer on the Council of the Law Society, to which she was elected in 2017.

Jennifer has served on many committees of the Law Society, including as Chair of the Children’s Legal Issues Committee, Government Solicitors Committee and the Licensing Committee.

Jennifer’s departure from the Council is a loss to us here at the Law Society, but we look forward to watching her already impressive contribution to the justice system expanding in her new role.

I offer each of these appointees the heartiest congratulations on behalf of the NSW solicitor profession. Each swearing in will start at 9.00am in Court 5.2 of the Downing Centre Local Court. If you can’t make it to the ceremonies, you can watch them here.

Advocacy at the MHRT

You’ll note from the item above about our four new magistrates that a quality common to the majority of appointees is their experience as an advocate. The Law Society’s LawInform team consistently provides quality courses in advocacy.

I want to draw your attention to this Thursday’s very special complimentary webinar on advocacy before the Mental Health Review Tribunal (MHRT). I am thrilled the President of the Tribunal, Magistrate Carolyn Huntsman, and Deputy President (Forensic Division), Magistrate Michael Antrum, have accepted my invitation to present a one hour ‘back to basics’ CPD session on MHRG practice and procedure. Read more about the webinar and register here.

Brett McGrath, President, Law Society of NSW

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