The law societies of Western Australia and South Australia are remaining defiant on the topic of national reform, despite warnings by the head of the Law Council of Australia that there would be detrimental consequences for practitioners in those states. 

The attorney generals of Western Australia and South Australia recently announced that their states would not be participating in the proposed national reform of the legal profession. President of the Law Council of Australia, Alexander Ward, was recently quoted in the LCA journal as warning that uncertainty for practitioners would result. “Legal practitioners from these jurisdictions will not be recognised as Australian practitioners…because it is the effect of non-participation. What this does to their rights to practice interstate and how they will or will not be recognised by participating jurisdictions is still very much up in the air,” he said.

Hylton Quail president of the WA Law Society told ALB he was “surprised” to read Ward’s comments and has written to him, asking him to explain what he means by those statements.  “Our understanding is that he is wrong in his view that WA and SA will be disadvantaged by not participating. Our understanding is that mutual recognition will not be affected by the reform going ahead in other states,” he said.

The national legal profession reform has been a topic of hot discussion since it was announced by the Council of Australia Governments (COAG) in February 2009. The Large Law Firm Group, the Federal Attorney General, and now Ward, have all spoken publicly on the draft proposal and the current Bill for reform. Following the COAG meeting in February it was decided the reforms would go ahead notwithstanding the non-participation of WA and SA.

South Australian Law Society president Ralph Bonig was equally surprised by Wards’ comments on the topic and remains committed to not entering a system which he says is uncosted and addresses none of the concerns the society had for its members.  “The SA Law Society has not changed its position on the proposed national reform. None of the concerns we raised previously have been addressed, and there is no evidence that they are being addressed,” said Bonig.

Ward said the reform process will continue and told the LCA journal he was confident the two jurisdictions will see the advantage of joining the national scheme. “Six out of eight, or 75% of the jurisdictions in Australia think this is a system worth adopting,” he said. “I hope they will look at the Bill and the benefits of joining, as against the detriments of not.”

Bonig said the SA law Society would need to be satisfied that there are benefits for its members in order for it to participate. “Just because some of the other jurisdictions decided to participate, does not mean South Australia has to,” he said.

Related stories:
National reform: International firms won’t sway us, say WA, SA 21 February 2011

Legal bodies add to debate on national reform 2 February 2011