LIV ANNUAL REPORT 2017

LIV ANNUAL REPORT 2017

ABOUT US The Law Institute of Victoria (LIV) is a non-profit organisation dedicated to better laws for the benefit of the community as well as supporting members in providing Victorians with legal services that are some of the best in the world. Our Members The LIV represents around 19,300 lawyers and people working in the law in Victoria, interstate and overseas. Our members offer their commitment, diversity and expertise to help shape the laws of Victoria and to ensure a strong legal profession for the future.

Our Vision The LIV is the leading voice for the Victorian legal profession. Together with our members, we advocate justice for all and promote excellence in the practice of law, advancing social and public welfare in the operation of the courts and legal system as well as advancing education and public confidence both in the legal profession and in the processes by which the law is made and administered. As the peak body for the Victorian legal profession, the LIV initiates programs to support the needs of a changing profession, promotes an active law reform advocacy agenda, responds publicly to issues affecting the profession and broader community, delivers continuing legal education programs, and continues to provide expert services and resources to support our members and the community.

CONTENTS About us............................................................................ 2 Leaders in Law.................................................................. 5 From the president............................................................ 6 From the CEO..................................................................... 8 Strategic plan.................................................................... 8 MEMBERSHIP........................................................ 13 Membership Profile........................................................... 14 Highlights of the year........................................................ 16 LIV Young Lawyers............................................................. 18 PROFESSIONAL PRACTICE.................................... 21 Ethics & Professional Practice........................................... 22 Compliance........................................................................ 24 Legal Policy....................................................................... 25 Administrative Law and Human Rights Section.................... 25 Collaborative Practice Section............................................ 25 Commercial Law Section................................................... 26 Costs Law Section............................................................. 26 Criminal Law Section......................................................... 26 Elder Law Section.............................................................. 27 Family Law Section............................................................ 27 Government Lawyers Section............................................. 27 International Law Section................................................... 28 Litigation Lawyers Section.................................................. 28 Property and Environmental Law Section............................ 28 Succession Law Section.................................................... 29 Workplace Relations Section.............................................. 30 Access to Justice Committee............................................. 30 Workplace Compensation Committee................................. 30 Diversity Taskforce............................................................. 30 Medico-Legal Standing Committee..................................... 30 Reconciliation Action Plan Oversight Committee.................. 31 Technology and the Law Committee................................... 31 Legal Profession Uniform Law............................................ 31

LEARNING & NETWORKING................................ 33 Professional Development................................................. 34 Accredited Specialisation.................................................. 35 LIV Mentoring.................................................................... 36 LIV Library.......................................................................... 37 SUPPORT SERVICES.............................................. 47 LIV Cost Lawyers............................................................... 48 Health and Wellbeing......................................................... 49 Find Your Lawyer Referral Service.................................... 50 STAYING INFORMED............................................ 39 Publications....................................................................... 40 Social Media...................................................................... 41 LawNews........................................................................... 42 Blogs, podcasts & videos................................................... 43 LIV Media........................................................................... 44 Law Books......................................................................... 45 PEOPLE AND CULTURE......................................... 51

COUNCIL & COMMITTEES.................................... 55

FINANCIAL REPORT.............................................. 59

Bronwyn Lincoln INTERNATIONAL MEDIATOR, PARTNER CORRS CHAMBERS WESTGARTH

LEADERS IN LAW

Leaders in law

FROM THE PRESIDENT The health and wellbeing of our members and the profession is also paramount so a great deal of focus has been placed on providing quality support and wellbeing programs to ensure that legal professionals have access to information and resources to maintain good health. The LIV conducts activities and events throughout the year and we ran excellent conferences in property law, succession law, government lawyers, practice management and criminal law. Our CPD and education programs throughout the year have been first-class. LIV President Belinda Wilson

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It has been a great honour to be the LIV president. As the peak body for the Victorian legal profession, the LIV represents about 19,300 lawyers and people working in the legal sector in Victoria, interstate and overseas. It is dedicated to its members and the community.

The LIV continues to do incredibly important work, not just being the voice of the legal profession but also ongoing advocacy to help influence the way law is practised, improving access to justice and building a better legal profession to assist the Victorian community. In partnership with our members, the LIV continues to advocate justice for all and promote excellence in the practice of law, advancing social and public welfare in the operation of the courts and legal system. The LIV strives to improve education and public confidence in the legal profession and the processes by which the law is developed and administered. We have been doing this through our key areas such as Compliance, Professional Development, Ethics and Professional Practice, Legal Policy and Accredited Specialisation.

ANNUAL REPORT 2017 LAW INSTITUTE OF VICTORIA

We have also been keeping the membership informed with excellent editions of the Law Institute Journal throughout the year, and we continue to engage strongly with members and supporters through our various social media platforms. The president’s term of office runs from January to December, so it has been an honour to fill the role for the last six months of this financial year. I want to acknowledge and thank Steven Sapountsis for his work as president for the six months to 31 December 2016. The LIV has invested time, effort and resources into focusing on its corporate governance structures to ensure we adhere to best practice standards for a modern organisation. During the 2016/17 year, we have been active on many fronts, especially in providing legal commentary to influence legislative reform, advocacy on law reform and offering valuable member services and professional development to ensure justice for all.

Leaders in law

Our hearts went out to those affected by the Bourke Street tragedy in January 2017 which happened on our doorstep. Following the atrocity, I convened a special LIV Bail Review Taskforce, including experts from the criminal justice system and general legal profession, to respond to the bail system review led by the Hon Paul Coghlan QC.

It is important that we hear from all our members – both in the metropolitan and country areas – and I will be visiting country towns this year to meet practitioners and hear first hand about issues in country areas and give our regional members the strongest possible voice in LIV decision making processes.

Thanks to the efforts of all involved, the LIV put in an outstanding submission with key recommendations that Victoria’s bail system needed additional funding, training and improved support services and that laws needed to be simplified to maximise community safety.

Revenue and funding is an ongoing issue and the LIV continues to work more efficiently and look for ways to reduce costs and be more productive with the funds we receive from members and with the financial support we receive from the Victorian Legal Services Board.

The LIV also worked tirelessly on key submissions around access to justice, voluntary assisted dying, family violence, elder abuse and uniform law and we continue to commit extensive resourcing to the issue of practising certificate fees which are being reviewed through a Regulatory Impact Statement process.

In the coming year, the Council will be making an important decision around the future of the LIV’s 470 Bourke St office and where we should be located in the years to come. We’ll be keeping members informed of this process.

This work could not be done without the support and guidance from our committees. We had about 1350 LIV members involved in the 13 sections and 90 committees and working groups this year, all giving their time and expertise for free to help make a difference.

Together we aim to provide an environment that strengthens and promotes the development and support of those working in the law and the community. I want to thank CEO Nerida Wallace and her management team and all the LIV staff for their hard work and commitment to make a difference to the legal profession and the Victorian community. Finally, thank you to all the LIV members who continue to support our organisation, provide ideas and inspiration, and devote their time and experience to create a better legal profession and assist the Victorian community into the future.

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I’d like to thank my fellow LIV directors who devote large amounts of time to your Council and work with our committees and working groups, plus consult widely with the membership to ensure that our members around the state have a voice in LIV decision making.

The LIV has worked closely with the Law Council of Australia, law societies around the nation, Victorian Legal Aid, Victoria Law Foundation, and legal stakeholders to take a coordinated and strategic approach to tackling legal issues. This will continue.

"The LIV has invested time, effort and resources into focusing on its corporate governance structures." LIV President Belinda Wilson

LAW INSTITUTE OF VICTORIA ANNUAL REPORT 2017

Leaders in law

FROM THE CEO The LIV Council authorised additional funds from financial reserves to be spent on our digital transformation project (See Note 15 of the Financial Report). This project spanning several years will modernise the LIV so services to members can be improved, costs can be cut and the move to a digital platform implemented. The 2014 Supreme Court Charities case continues to create liabilities which have also impacted on the bottom line. A further $664,000 has been set aside as contingency in the event tax liabilities are confirmed. LIV CEO Nerida Wallace

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The LIV is on an exciting trajectory to becoming a modern and fit-for-purpose member organisation as we continue to provide education, training, skillful advocacy and support for the Victorian legal profession, our members and the community.

It is a great privilege to be the LIV CEO and to work closely with so many inspiring and talented people in the legal profession and see their efforts and how they make a difference in our society. The LIV is unrelenting in its task of advocating justice for all and promoting excellence in the law at the same time as supporting our members. It has been an extremely busy year, with many challenges and highlights. I am pleased to report that the LIV came in just short of its 2016/17 financial budget, with spending coming in about $40,000 above our total general budget of around $18 million. A large portion of that overspend was allocated to the campaign centred around the Victorian Legal Services Board and Commissioner’s proposed increase in practising certificate fees. The LIV continues to strongly oppose the suggested steep increases.


Ongoing funding for the LIV is a real issue. We continue to receive less from the Public Purpose Fund (PPF) and it is unlikely this downward trajectory will change without political intervention. We need to find new sources of income and reduce our costs. Representations have been made to the government to put the LIV on to the same footing as other PPF recipients to secure funding. These representations will continue.

Regulation The LIV believes the cost of regulation of the legal profession in Victoria is too high and we have been calling for a legislative review of this cost. The LIV strongly opposes the proposed large increases in practising certificate fees and believes they are unprecedented and unfair. We will continue to advocate on behalf of our members in this area.

Leaders in law

LIV building

Achievements

Looking ahead

The LIV’s building at 470 Bourke Street is getting more expensive to maintain. The LIV has been operating from the building for almost 40 years and the office is no longer fit for a modern organisation without a large injection of funds. The Council will be making decisions later in 2017 around what to do with the building and where we will operate from in the future.

• Maintained membership numbers around 19,300

I want to thank LIV president Belinda Wilson for her support and guidance and all members of Council for their ongoing important work with the LIV to drive improvements in the legal profession and to help make a difference in Victoria.

• 144 people matched with mentors under the LIV Mentoring program • Conducted more than 200 events • More than 39,000 referrals offered via the Find Your Lawyer referral service to the community • Daily LawNews email sent to members

CPD and education In line with one of its purposes the LIV continues to operate an excellent CPD and education program for our members and well attended conferences, such as property, succession, criminal and practice management, were conducted during the year. We are focusing on delivering more CPD programs online to make it easier for our regional and rural based colleagues to access the services.

• Helped community legal centres and Aboriginal and Torres Strait Islander Legal Services and the Victorian Aboriginal Legal Service in the fight to get the federal government to abandon funding cuts • Expanded the LIV library services online to further advance research

I am sincerely grateful to the LIV’s management team and all our people for the work they have done and the contribution they have made to the organisation. I know the LIV Council is also grateful for your efforts and achievements. I look forward to working with our Council, our employees, our members and all stakeholders to continue our positive work to foster and safeguard the rule of law and assist the profession and the community.

• Improved remote and regional access to the LIV Library with 24/7 online subscriptions available to members at no additional cost

Influence

• Introduced a new health and wellbeing program

Our Legal Policy team has played a key role in leading our voice in the law reform and policy debate. Our policy lawyers in 2016/17 made 152 authoritative submissions and provided expert opinions and policy positions to 96 requests for assistance from Members of Parliament. The LIV is boosting its voice in the mainstream media and across our social media platforms, leading to strong growth in these channels.

• New processes and procedures for LIV Costs Lawyers

"Three important LIV submissions that have made a difference are the Bail Act Review, Access to Justice Review and our Voluntary Assisted Dying report - all helping to shape debate and bring change."

LIV CEO Nerida Wallace


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Leaders in law

STRATEGIC PLAN 2016-2019 "The Council’s vision is to build influence in order to advance justice for all Victorians; to ensure our members are recognised experts in their fields as well as supporters of the Victorian community through better laws; and to create capacity in the LIV so that these objectives can be met for the longterm. In the next three years the LIV will shift to a digital ecosystem and a total focus on members at whatever stage of their career. The question of the LIV’s role in regulation will be addressed and the governance of the organisation set to achieve a viable future." 10

LIV President Belinda Wilson

VALUE Membership predominance, lifetime career opportunity and direction • Promulgate and build programs for members as leaders in law, especially in competing globally and for business: practice management • Develop substantive law, soft skill and wellbeing education that enables mastery across all membership classes • Be the leading authority on up to date relevant information and cutting edge intensive training for practitioner to practitioner offerings • Diversify delivery of services including to a digital platform to capture and grow emerging ‘Gens XandY’ member cohorts • Offer ‘life in the law’ services spanning career phases • Expand engagement and networking opportunities tenfold • Collaborate with local law associations to embed the LIV as a source of value to all people in law • Grow graduate career options • Expand and leverage digital LIV products, including understanding/tools on latest technologies for members • Increase prominence and recognition of LIV specialisation accreditation • Achieve deemed compliance status for those that choose to be members and to participate in professional standards programs • Ensure any subsidised services, MOUs, or financial partnerships are justified against pre-set criteria: e.g. accessible by all members; materially benefits the LIV and is in line with strategy • Resolve the LIV’s charitable status and asset implications


Leaders in law

INFLUENCE

SUSTAINABILITY

Balanced law reform, justice and competitive business frameworks

Robust assets and enduring service offerings for decades to come

• Provide a concerted response to human rights issues & at-risk groups

• Provide a professional and respectful “home” environment for members

• Achieve Uniform Law in Australia that facilitates global practice

• Increase engagement channels with 50 per cent of members, suburban & country based

• Increase capacity to advise all political parties and governments

• Attract members in emerging legal services firms & worldwide

• Be the respected authority on the understanding of practical impacts of law reform & acceptance of LIV positions by policymakers

• Expand accreditation to enable New Law market engagement by members

• Attract highly skilled volunteer experts • Drive reform in the legal system • Cut red tape within law practice

• Develop profitable businesses to replace Public Purpose Fund income streams • Optimise and diversify income streams for existing excellence centres, e.g: ethics

• Pursue the most effective and efficient regulatory framework for lawyers in Victoria

• Invest and grow assets

• Align policy efforts with LCA and clarify roles avoiding duplication

• Grow digital income streams

• Prepare profession for globalisation & lobby effectively • Engage younger lawyers in human rights & justice issues

• Modernise & transform LIV operations • Ensure quality in compliance functions for LIV and Legal Services Board and Commissioner Build confidence in profession


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Leaders in law

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Phoebe Blank 2017 LIV YOUNG LAWYERS PRESIDENT WORKPLACE RELATIONS LAWYER, MCKEAN PARK LAWYERS ANNUAL REPORT 2017 LAW INSTITUTE OF VICTORIA

MEMBERSHIP

Membership

MEMBERSHIP PROFILE

In 2016/17 the LIV continued to focus on member engagement. The organisation-wide initiative LIV Engage continued with all staff engaging with members to better understand their needs, the challenges faced in the profession and how the LIV can provide further support for members.

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The LIV continues to be one of the leaders of professional influence and digital transformation among law societies. In 2017 there was an increase in affiliate and honorary members.

The LIV supports members across Victoria with dedicated support with a network of associations of special interest groups. Along with providing ongoing support for our suburban law associations, the LIV also assisted a greater number of our regional law associations in running successful CPD programs. The LIV ran professional development conferences in Ballarat, Warrnambool, Wangaratta, Shepparton and Horsham respectively. In addition the LIV has, this year, introduced three new mentoring programs linking 144 mentees from across Victoria with mentors in the judiciary and in various roles within law firms. We have also initiated a firm-based wellbeing project focusing on the health and wellbeing of all in the legal profession.

"The LIV ran professional development conferences in Ballarat, Warrnambool, Wangaratta, Shepparton and Horsham."


FACTS & FIGURES

50%

TOTAL MEMBERSHIP

MALE

50% FEMALE

114

HONORARY MEMBERS 15

4771

STUDENT MEMBERS

MEMBERSHIP SEGMENTS

12,825 PRACTISING MEMBERS

2,022

1582 AFFILIATE MEMBERS

PRACTISING MEMBERS STUDENT MEMBERS AFFILIATE MEMBERS HONORARY MEMBERS LAW INSTITUTE OF VICTORIA ANNUAL REPORT 2017

Membership

HIGHLIGHTS Our members are part of a diverse community and the 2016/17 financial year was a productive and full period, across all areas of the organisation and the broader profession. Here are some of the highlights from our year.

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FACTS & FIGURES

MEMBERS CHRISTMAS PARTY 17


Membership

LIV YOUNG LAWYERS

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LIV Young Lawyers (YL) is a dynamic group established to enhance the legal skills, knowledge and professional networks of members in the early stages of career development (including law students, law graduates and new solicitors). This year saw increased engagement with members through social media channels, in particular the YL Facebook page, with its engagement (likes) going from 9144 in June 2016 to 10,293 in June 2017 - an increase of 12.6 per cent.

Highlights 2016/17: Successful delivery and sustained high level of attendance at YL events. Some of the most notable including: • Relaunch of the “Your Future in the Law” orientation for graduates and new solicitors comprising of a formal welcome to the profession by the current LIV and YL presidents and a welcome oration by Judge Elizabeth Gaynor reflecting on her Life in the Law, as well as sessions on the first years of practice and health and wellbeing. It attracted 62 registrations with strong support from member law firms • In July 2016, the LIV Legal Careers Fair attracted a total of 29 exhibitors, including a stand dedicated to regional law associations. There were 706 registrations and 629 attendees (an increase on 2015 which saw 636 registrations and approximately 525 attendees)

• The Victorian Golden Gavel Competition was successfully relaunched on 11 August 2016 as a breakfast event with a total of 10 competitors and 179 spectator registrations • The YL Charity Ball on 8 September 2016 attracted 140 registrations and raised more than $2800 for the Wellbeing and the Law Foundation • The YL Trivia Night on 13 October 2016 proved to be a success with 172 registrations, raising $605.50 for the Wellbeing and the Law Foundation There was a continued focus on further supporting law graduates into legal careers by: • publishing two Careers in Law video profiles. The best performing video was “Young lawyers share their career insights: Paul Clarke of EY” on 9 May 2017 which reached 8000 people and received 1649 views via social media channels • publishing a dedicated Young Lawyers Journal focusing on new career opportunities in the law, in June 2017 • supporting the LIV Judicial Mentoring Program • the YL Executive Committee provided comment to the Law Council of Australia and Australian Young Lawyers Committee on the development of Young Lawyers workplace standards • submission to the Law Reform, Road, and Community Safety Committee Public Inquiry into lowering the driving age to 17 by the YL Law Reform Committee. Naomi Kinsella represented the committee before the public inquiry in October 2016 and the submission was positively referenced in the Victorian Parliamentary final report delivered in March 2017


Membership

The YL Executive Committee directed its focus towards growing a sense of community and supporting our members across all experience and career levels. Highlights include: • successful delivery of four digital editions of the YLJ, directed towards topics affecting members • increased collaboration with the LIV’s Legal Policy section, contributing to several policy projects with the Administrative Law and Human Rights section in the areas of visa cancellations, voluntary assisted dying, and Indigenous incarceration rates • the YL Community Issues Committee continued its Social Justice column in the LIJ, providing opportunity to write on a variety of social justice issues and topics affecting the community

• in 2017, the YL Community Issues Committee championed the development of Lawyers Community Help Days – a volunteering initiative where members participate in joint initiatives with not-forprofit or community organisations. The Committee completed two volunteering evenings with 300 blankets and will continue to expand this initiative • supporting the LIV’s Buddy Mentoring Program initiative, pairing YL new solicitor members with three-five years post admission experience with penultimate and final year law students and nonattached graduates • involvement in the introduction of the LIV’s Wellness program (YL championed the LIV Running group)

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• increased engagement with members through social media channels, in particular the YL Facebook page, with its engagement (likes) going from 9144 in June 2016 to 10,293 in June 2017an increase of 12.6 per cent

"The careers fair was a great success attracting 706 registrations, and more than 600 people."


Jessica Main SENIOR LAWYER ACCREDITED WORKPLACE RELATIONS SPECIALIST Ai GROUP WORKPLACE LAWYERS

PROFESSIONAL PRACTICE

Professional practice

ETHICS & PRACTICE SUPPORT Staffed by experienced lawyers, the Ethics and Practice Support department provides confidential guidance and education to legal practitioners, and also supports the Ethics Committee.

In 2016/17, the Ethics and Practice Support department assisted 1752 practitioners with 2723 queries to our telephone and email services . Seventy five per cent of all enquiries related to duties concerning relations with clients under the Australian Solicitors’ Conduct Rules, with one in five practitioners seeking guidance about a conflict of duties concerning current or former clients.

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Other areas where assistance was regularly sought include: • confidentiality • conflict of solicitor’s interests, commonly in relation to wills

2016/17 saw the introduction of a triage process to proactively assist practitioners to resolve their concerns without the need for a formal Ethics Committee ruling. This resulted in a 50 per cent reduction in rulings during the year. The 10 formal rulings and five informal opinions provided by the Ethics Committee have been deidentified and published on the LIV website and in the LIJ. Residual committee time was used to update the following guidelines which are available on the LIV website: • Conflict of Interest • Advertising • Ethical Use of Social Media

• client documents

• Information Barriers (Summary)

• client instructions

• Releasing Money from Trust

• fundamental duties

• Direct-Marketing • File Ownership, Retention and Destruction • Interviewing and Conferring with Witnesses



The 12 month LIVing Ethics project concluded during the year. Supported by a grant from the Managed Mortgage Fidelity Fund, LIVing Ethics produced three professional online learning DVDs that examine real-life scenarios to assist practitioners resolve ethical dilemmas common in corporate, government and general practice. Additionally, the department conducted 65 ethics education sessions. Attended by 2446 practitioners, the interactive workshops covered the most frequent issues raised through our enquiry line. The LIV also hosted the annual forum of the Joint Law Societies Ethics Group, which brought together ethics lawyers from around the nation to share knowledge, education and guidance activities.

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ethics seminars delivered

professional ethics education DVDs produced

5982

requests for ethics and practice support assistance handled


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COMPLIANCE The Compliance Department performs delegated regulatory functions on behalf of the Victorian Legal Services Board to investigate, monitor and educate legal practitioners and law practices about compliance with the Uniform Law. Compliance is also responsible for the LIV’s Professional Standards Scheme. Highlights 2016/17 24

New external examination course and changed reporting period. • The LIV’s trust account expertise was used extensively to develop content and forms for the expanded Uniform Law external examiner’s education course approved by the Legal Services Council in December 2016 To meet the requirements of the changed annual examination reporting period, the trust investigators:

• delivered 13 full day courses across Melbourne and regional locations to 377 external examiners and support staff in February, March and June 2017 • played a key role in educating the profession and external examiners about the impact of the change to the annual examination reporting period, through formal communications and the LIV’s trust enquiry service

Risk based regulation of trust accounts The trust investigators also played an integral role in the development and implementation of the Victorian Legal Services Board + Commissioner’s risk based approach to the regulation of trust accounts in 2016/17.

New professional standards scheme commenced The new Professional Standards Scheme came into effect on 1 July 2016 in recognition of the LIV’s commitment to improving professional standards of Victorian solicitors and protecting consumers of legal services.

Trust account compliance • 326 law practices attended to investigate, make recommendations, and provide practical advice about trust account compliance • more than 800 trust account queries responded to from practitioners, support staff and external examiners • 346 authorisation to receive trust money course assessments reviewed for approval of practising certificate variation • 14 investigations into claims against the fidelity fund conducted to assess liability and quantum of loss • successful integration with the Victorian Legal Services Board + Commissioner’s online investigation management system

CPD compliance • 332 practitioners managed through rectification process following identified non-compliance with CPD obligations • 550 random audits conducted to verify practitioners’ compliance with the CPD Rules • 682 applications for exemption from compliance with the CPD Rules determined • More than 2000 CPD compliance inquiries from practitioners resolved • five individual audits of CPD compliance

Management Audits • 13 law practices attended to audit Uniform Law compliance

Certificates of Fitness • 603 applications processed to enable Victorian solicitors to obtain practising certificates in other jurisdictions Deen Sanders, CEO, the Professional Standards Authority Elissa Watson, GM Compliance, LIV Nerida Wallace, CEO, LIV ANNUAL REPORT 2017 LAW INSTITUTE OF VICTORIA


LEGAL POLICY The Legal Policy (LP) department drives the LIV’s work as a leading voice in law reform and policy debate.

• Provided expert opinion and policy positions on Bills in response to 96 requests from Members of Parliament, resulting in more than 52 references to the LIV in Hansard in 2016/17

Our expert LP lawyers collaborate with dedicated LIV members who contribute their expertise through sections and committees, with about 1350 LIV members involved in the 13 sections and 90 committees and working groups this year. LP continues to work closely with the Law Council of Australia and the wider legal community, in addition to courts, government and regulatory bodies. LP supports the legal profession and community with the key objectives of maintaining and improving the quality of legal services, and achieves this through:

• Co-ordinated and provided support for 220 committee meetings. A snapshot of the activity across LIV sections and committees is included below

• legal commentary and influencing legislative reform • advocacy on law reform • practice resources and tools In 2016/17 the LIV continued its strong contribution to law reform and policy debate through written submissions and provision of opinions and policy positions at hearings, inquiries and working group meetings.

Highlights 2016/17 • Provided 152 submissions to government authorities and other bodies, 63 per cent of which were in response to requests from external legal stakeholders such as government, the Law Council of Australia, Victoria Legal Aid and parliamentary committees and inquiries. Two important submissions included the Bail Act Review and the Access to Justice Review • The remaining 37 per cent of submissions were proactive suggestions of law reform to groups including the State Government, Law Council of Australia and the Legal Services Council

Administrative Law and Human Rights Section The Administrative Law and Human Rights Section advocates reform and raises awareness about human rights and social justice issues over a broad range of areas, including human rights, administrative review and constitutional law, migration and refugee law, disability and health law, privacy law and legal issues relating to Aboriginal and Torres Strait Islander peoples.

Collaborative Practice Section The Collaborative Practice Section focuses on law reform and practice support issues affecting collaborative practitioners in Victoria and liaises with the Australian Association of Collaborative Professionals.

Highlights 2016/17: • Alternative Dispute Resolution (ADR): coordinated discussion forum on risk screening in ADR with guest panelists including Dean McWhirter Victoria Police Family Violence Command Assistant Commissioner, Abbey Newman, Senior Family Violence Project Worker, Family Violence programs and initiatives unit, William Cooper Justice Centre and Lecturer, RMIT, Violence and Abuse and Magistrate Anne Goldsbrough, Magistrate’s Court of Victoria

Highlights 2016/17 • Advocacy and policy work: appeared before the Parliamentary Committee on Human Rights on the Inquiry into Freedom of Speech, Senate Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) and Committee on Economy and Infrastructure on the Inquiry into the RSPCA Victoria • Residential tenancies: successful advocacy arising from a joint letter proposing a new residential tenancy internal appeals division for the VCAT

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LIV MEMBERS INVOLVED IN 13 LAW SECTIONS AND 90 COMMITTEE AND WORKING GROUPS

• Activities (Public Amenity and Security) Local Law 2017: proposed amendments by submission and consultation with Melbourne Lord Mayor and the Future Melbourne (Finance and Governance) Committee


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Commercial Law Section

Costs Law Section

Criminal Law Section

The Commercial Law Section advocates for key reforms to laws that affect commercial lawyers’ day-to-day practice. It provides practical support, precedent documents and professional development opportunities for private practice and in-house lawyers practising in all areas of commercial law. It offers timely legal updates to members in relation to legal developments and current issues in the commercial law space.

T he Costs Law Section focuses on the costs issues affecting practitioners. The section provides support and engages in advocacy and education in relation to the regulation of all practitioner and client costs including; estimates provided by a legal practitioner, legal obligations of practitioners to clients, cost agreements and matters relating to the assessment of costs in litigation.

The Criminal Law Section supports members in relation to practical and legal issues affecting the federal and state criminal justice systems, working closely with external committees and stakeholders. The section engages in extensive advocacy with key stakeholders in the criminal justice system.

Highlights 2016/17:

• LIV Bail Taskforce: coordinated the taskforce with weekly meetings held from late January to mid-March

Highlights 2016/17:

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• Mandatory disclosure: participated in high-level stakeholder consultations with the Federal Treasury, Board of Taxation and Australian Taxation Office regarding mandatory disclosure of client tax information regime • Intellectual property: prepared submissions on proposed regulations to implement a trans-Tasman patent attorney regime, the government’s response to the Productivity Commission’s Inquiry into IP Arrangements and IP Australia’s Draft Exposure Draft Intellectual Property Law Amendment Bill 2017 and Regulations

• Uniform law: attended a Legal Services Council Consultative Forum on proposed changes to the short-form Costs Disclosure Form and the Australian Solicitors Conduct Rules • Costs review: coordinated submissions in relation to the Annual Scale of Costs Review for the Supreme Court Legal Costs Committee. Undertook proactive submission work in relation to Order 63.85 of the Supreme Court Rules and advocated for the publication of decisions of the Costs Court

Highlights 2016/17:

• Advocacy and policy work: undertook work and research for the state government’s Bail Act Review and the Sentencing Advisory Council; and continues to work on key law and order issues leading up to the 2018 state election. Helped deliver an excellent Criminal Law Conference • Family violence: provided consistent feedback on Family Violence Protection Amendment Bills

• Forms and precedents: revised LIV forms and precedents (Costs Agreements and Disclosures)

• Business law: continued review of the LIV Contract of Sale of Business and prepared a submission on the Small Business Commissioners Bill 2016

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SUBMISSIONS TO GOVERNMENT AUTHORITIES



Elder Law Section

Family Law Section

Government Lawyers Section

The Elder Law Section advocates for key reforms across all areas of law that affect older people, including guardianship and administration, powers of attorney, superannuation, aged care and retirement law.

The Family Law Section informs and supports its members through regular liaison with courts, government and the community on family and relationship law matters. It engages in advocacy on key family and children’s law issues including Family Violence.

The Government Lawyers Section provides practical support and networking opportunities for legally qualified public sector employees in all levels of government, including government and in-house lawyers and policy officers.

Highlights 2016/17:

• Government Lawyers Conference: assisted with coordination of the conference with a keynote presentation from Chief Justice Marilyn Warren AC. The conference delivered topical sessions on government practice – including FOI, data and privacy, model-litigant guidelines and developing a government career

Highlights 2016/17: • Inquiry into elder abuse: made a significant contribution to the Law Council of Australia’s submission to the Australian Law Reform Commission Inquiry into Elder Abuse. A number of LIV submissions that were incorporated into the Law Council’s submission were reflected in the Final Report • Forms and precedents: revised the LIV’s powers of attorney forms • Capacity guidelines: re-drafted the guidelines to incorporate critical amendments to medical treatment laws in Victoria

• Children’s law: maintained strong focus on issues affecting children’s law including Victoria Legal Aid’s child protection services review and Commission for Children and Young People Permanency inquiry • Adoption: made a submission to the Victorian Law Reform Commission regarding review of the Adoption Act 1984

Highlights 2016/17:

220

COMMITTEE MEETINGS OF SECTIONS


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International Law Section

Litigation Lawyers Section

The International Law Section focuses on international trade and commerce law, international arbitration and public international law.

The Litigation Lawyers Section represents its members on issues involving litigation and alternative dispute resolution processes. It engages in advocacy with key stakeholders involved in the litigation system.

Highlights 2016/17: • The section collaborated with the LIV’s Young Lawyers Section to deliver the inaugural International Careers panel session at the 2017 LIV Careers Fair. The distinguished panelists included Associate Professor Andrew Godwin of University of Melbourne and Albert Monichino QC, immediate past president of the Chartered Institute of Arbitrators Australian Branch

Highlights 2016/17: • External committees and users groups: continued to represent the LIV and broader legal profession on 19 external committees and user groups, such as court rules committees and user groups, and government agency liaison groups • Cabinet in Confidence consultations: provided verbal feedback on a Cabinet in Confidence basis at several meetings with representatives from the Department of Justice & Regulation

Property and Environmental Law Section The Property and Environmental Law Section focuses on the broad issues related to conveyancing and general property transactions, environmental law, leasing law, liquor, gaming and hospitality law, and planning and local government law. It engages in advocacy at state and federal levels.

Highlights 2016/17: • Consumer Affairs Victoria (CAV) Review of Property Legislation: responded to two CAV options papers regarding owners corporations and the sale of land and business • Land Use Victoria Transition to 100 per cent Digital Lodgment: launched dedicated web pages to provide updates and resources to practitioners • State Revenue Office (SRO) treatment of Land Use Entitlements (LUE) in alpine resorts: made submissions to and consulted with SRO and Treasury representatives to express concern about the imposition of stamp duty on the initial structuring of a LUE with no change in the beneficial ownership



Succession Law Section

Workplace Relations Section

Access to Justice Committee

The Succession Law Section provides support to succession law practitioners, participates in law reform and works to create professional development programs.

The Workplace Relations Section supports practitioners working in industrial relations and employment law, equal opportunity and discrimination law, and occupational health and safety.

The Access to Justice Committee monitors and advocates justice for all by promoting the provision of legal assistance to people in need and increased state and commonwealth legal aid funding.

Highlights 2016/17:

Highlights 2016/17:

• Long service leave: made a submission in response to proposed changes to long service leave arrangements in Victoria

• Victoria Legal Aid Means Test Review: made numerous written and oral submissions to Victoria Legal Aid’s Means Test Review in its capacity as a stakeholder and as a member of the Means Test Review Steering Committee that will improve access to grants of legal aid

Highlights 2016/17: • Consultation: liaised with representatives from the Department of Justice & Regulation regarding various matters • Practitioner Remuneration Order: hosted a roundtable forum to discuss VCAT’s proposal to amend the amount chargeable under the practitioners remuneration order for lawyers acting as administrators in the estates of represented persons

• Unpaid internships: collaborated with the LIV’s Young Lawyers Section to develop a set of guidelines for unpaid internships in the legal profession • Workplace standards for young lawyers: collaborated with the LIV’s Young Lawyers Section in making a submission to the Law Council of Australia on workplace standards for young lawyers

• Joint advocacy: undertook joint advocacy with a range of stakeholders; including Justice Connect, FirstStep Legal, and Monash University Faculty of Law on a number of Access to Justice Report recommendations such as the proposed Self-Representation Service and Social Impact Bonds • Infrastructure Victoria: made submissions and held consultations that helped shape Infrastructure Victoria’s 30-year Infrastructure Strategy


29


Workers Compensation Committee

30

The Workers Compensation Committee aims to improve the system for obtaining accident compensation in Victoria by monitoring legislative, policy and other changes in the accident compensation arena.

Highlights 2016/17: • WorkSafe consultation: contributed to the WorkSafe Common Law Working Group consultation • The Committee was invited to provide views on various issues on a confidential basis


Diversity Taskforce The Diversity Taskforce promotes cultural change within the legal profession to support all areas of diversity. It works on a range of initiatives to address systemic gender inequality and also champions diversity in the following areas: Aboriginal and Torres Strait Islander representation, disability, sexual orientation and identity, and cultural awareness.

Medico-Legal Standing Committee The Medico-Legal Standing Committee encourages cooperation between members of the medical and legal professions. It aims to ensure that the professional standards and requirements of both professions are respected, and makes recommendations concerning rules of court, guidelines and protocols relevant to medico-legal matters.

Highlights 2016/17:

Highlights 2016/17:

• Marriage Amendment (Same Sex Marriage) Bill: LIVout members appeared at Federal Parliamentary hearing of the Select Committee on the Exposure Draft of the Marriage Amendment (Same Sex Marriage) Bill alongside the president of the Law Council of Australia

• Policy work: participated in the Coronial Council Appeals Review and participated in discussions regarding the TAC Joint Medical Examination Process and assaults on workers in medical settings


Reconciliation Action Plan (RAP) Oversight Committee

Technology and the Law Committee

The RAP Oversight Committee monitors and evaluates implementation of the LIV RAP, reports on progress to LIV Council and Reconciliation Australia, and provides guidance on the LIV’s reconciliation activities and dealings with members and partner organisations. It aims to ensure that the LIV is working with the Victorian Aboriginal community.

The Technology and the Law Committee was established in 2015 to educate the legal profession about the use, risks and benefits of technology and to promote greater uptake and understanding of technology in legal practice.

The LIV continues to play an important advocacy, educational and practice support role since commencement of the Legal Profession Uniform Law regulatory regime on 1 July 2015. The Uniform Law governs the legal profession in Victoria and New South Wales.

Highlights 2016/17:

Highlights 2016/17:

• Technology and the Law and Privacy webpages: designed and launched dedicated Technology and the Law and Privacy web pages which currently feature on the LIV website

• Section 258 of the Legal Profession Uniform Law: made a submission to the Victorian Attorney-General seeking the repeal of s258 on the basis that it constitutes a restraint of trade that discriminates against the legal profession, is contrary to the multidisciplinary philosophy of the Uniform Law and will compromise the interests of clients

Highlights 2016/17: • Practical Legal Training: awarded the annual Practical Legal Training bursary to an outstanding Aboriginal law student • Relationship-building: strengthened the LIV’s relationship with the Commissioner for Aboriginal Children and Young People • NAIDOC: LIV representatives participated in NAIDOC Week March and related events

• LawTech Essentials factsheets: designed factsheets on Cloud Computing and Technology Assisted Review, which feature on dedicated web pages

Legal Profession Uniform Law

Other / Cross Sectional There were a total of 25 cross-sectional submissions to government made by the LIV in 2016/17. More detailed information on each Section, its work and how to get involved is provided on the LIV website at www.liv.asn.au/AreasOfLaw

PROFESSIONAL


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Jodie Burns SENIOR LEGAL COUNCIL CORONERS COURT VICTORIA

LEARNING & NETWORKING

Learning & Networking

PROFESSIONAL DEVELOPMENT The primary aims of the LIV Professional Development department are to: • provide innovative educational programs which meet the learning needs of legal practitioners • provide opportunities to broaden legal practitioners’ knowledge and skills to assist in their career pathways • ensure practitioners are sufficiently educated about key changes in the legal landscape

34

Highlights 2016/17 • Received 4642 registrations across a range of LIV professional development activities, including the CPD Intensive program in March, which attracted 801 attendees. Members could choose from 13 practice streams as well as attending multiple Essential Skills sessions • Significant growth in reputation and quality of new conference offerings, in particular the second Women in Leadership conference which received extremely positive feedback, as well as the inaugural Practice Management Conference which highlighted a new standard in innovation and quality for LIV conferences • Responded to a key change for practitioners in respect of the ongoing 100 per cent digital lodgment implementation program. The LIV has produced an initial CPD video for practitioners about the first tranche of changes, and has developed a rolling program of education to assist practitioners with the changes until the end of the implementation period in 2019 • Focused on alternative delivery modes including online CPD

The 2016/2017 year has seen a review of all projects and processes within the LIV’s Professional Development department with a view to creating greater efficiency and consistently high quality output from the department. As part of this review, there has been a renewed focus on planning for the creation of efficient and cost effective digital CPD offerings for practitioners. This includes building the LIV’s capability to create interactive CPD content internally and make this available through an LIV badged Learning Management System (LMS), s process which is ongoing. Practitioners’ appetite for online content was evident during the LIV’s February/ March period where over 110 practitioners purchased online CPD videos during the period and 11.5 per cent of all attendees attended LIV CPD sessions via webinar. Significant effort went into building a comprehensive and engaging program for February and March 2017. The program was designed to cater to a broad range of practice areas, practitioner needs and levels of seniority.

• Streamlined offerings with a focus on increased quality and strong content as well as a review of all projects and processes • Continued focus on responding to key changes in legal landscape with education resources for practitioners

4642 UNIQUE REGISTRATIONS FOR LIV PD ACTIVITIES



ACCREDITED SPECIALISATION The LIV Accredited Specialisation Program provides a platform for lawyers to be recognised as having enhanced expertise and specialist skills in various areas of law. The LIV accredits more than 1000 specialists across 16 areas of law. The LIV collaborates with other law societies to codeliver assessments in areas of national jurisdiction.

Highlights 2016/17

OUTSTANDING RETENTION RATE FOR THE ACCREDITED SPECIALIST MEMBER SEGMENT, PRODUCING A RENEWAL RATE OF

The program has embraced technology and has a dedicated, custom built learning management system which is now an integral part of the assessment process. Candidates access all of the program information through the site such as syllabus, assessment materials, policies and resources. The site is also used to streamline the assessing of candidates work, with advisory committee member assessors conducting their assessment and resulting through the site.

97% LIV ACCREDITS

1000+

• Outstanding retention rate for the accredited specialist member segment, producing a renewal rate of 97 per cent • Strong intake of applicants for the 2016/17 year with over 110 candidates undertaking the full assessment program Development of formalised recognition of prior learning and credit arrangement for current Accredited Specialists in to the Monash University Masters of law program

The research was the first time the LIV had sought to gather data in relation to public awareness and perception of accredited specialist lawyers and brand. One of the major findings resulting from the research was that out of the legal consumers who were aware of the Accredited Specialisation brand, there is a 92 per cent likelihood of appointing an accredited specialist lawyer, over a lawyer who does not hold the certification.

The Accredited Specialisation Scheme continues to aid recognition of lawyers’ specialised skills within their practice area, and as the profession moves towards having niche based areas of expertise, the scheme serves an important role to provide the profession and public with a reliable and meaningful measure of a practitioners expertise.

35

Independent market research was undertaken, covering both the profession and the publics’ perception of the Accredited Specialisation brand.

SPECIALISTS ACROSS 16 AREAS OF LAW



LIV MENTORING

36

The LIV recognises the important role mentoring plays in the professional growth and development of members.

Matched Mentoring Program

The Buddy Project

Connecting mentors and mentees based on their areas of expertise, career interests and professional goals.

Since 2009 we have been helping to facilitate many successful and rewarding mentoring relationships for our members. In 2016/17 the LIV expanded its mentoring offerings, with a suite of new programs.

Judicial Mentoring Program

Pairing new solicitors with students in their penultimate or final year or law graduates to assist in developing networks and provide a direct connection to the legal profession as well as one-on-one guidance for career planning.

Providing a forum within which law graduates and new solicitors can meet with a member of the judiciary to discuss their experiences within the legal profession and their future careers in the law. This inaugural mentoring program offers law graduates and new lawyers the opportunity to meet with judges from Victorian Courts including the Family, Supreme, County and Magistrates' Courts on a monthly basis. Members are given the opportunity to discuss life in the law, the role of the judge or magistrate, career growth and topical legal issues. We are pleased to have engagement from 20 members of the judiciary and more than 90 mentees from across the state including groups in Bendigo, Ballarat, Geelong and Shepparton.

Member to Member Mentor Service The original and informal program, LIV Mentees access list of potential mentors and reach out accordingly.

Highlights 2016/17 • 144 mentees matched with mentors across the Judicial, Buddy and Matched programs • More than 200 engaged mentors • Participants from across Victoria including mentors from the Family, Supreme, County and Magistrates' Courts

144

MENTEES MATCHED

WITH MENTORS ACROSS THE JUDICIAL, BUDDY AND MATCHED PROGRAMS



LIV LIBRARY

The LIV library continued to offer group and individual legal research training sessions throughout the year with more than 50 per cent of participants registering for the free online resources workshops. 100 per cent of those surveyed have applied learnings post workshops.

Highlights 2016/17 • Remote access to CCH eBooks was launched in December 2016. 20 CCH eBook titles are available for members to access across a range of subjects, including popular Master Guides • Increased the number of Lexis Red commentaries available via remote access by 190 per cent • The library continued to convert hardcopy resources to online and increase accessibility for a digital environment • Improved remote and regional access to the LIV Library with 24/7 online subscriptions available to members at no additional cost

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Kot Monoah RISING STAR OF YEAR AWARD WINNER, SLATER AND GORDON

STAYING INFORMED

STAYING INFORMED

PUBLICATIONS

LAW INSTITUTE JOURNAL

DIARY DIRECTORY

In 2016/17, the LIV continued to publish its award-winning flagship publication the Law Institute Journal (LIJ).

The LIV Legal Directory and diaries continue to be popular with members. The Legal Directory contains essential information for practitioners and is a valuable resource for law practices. The diaries – day-to-a-page, week-at-a-glance and pocket – and the Legal Directory can be purchased online via the LIV website or in the LIV bookshop at 470 Bourke Street.

Within its pages, there has been a renewed emphasis on bringing members news, views and useful, practical information that will assist lawyers in their daily practice.

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Editorial covered regulation of lawyers, law firms and social media, soft skills, pay transparency, unrepresented litigants, older practitioners, the Drug Court, the Charter of human rights, youth justice and detention, the courts, legal aid, the Adult Parole Board, niche lawyers, the LIV legal awards, gender equality, the Bourke Street atrocity, lawyers going bush, the death penalty, even dogs in court. As well as our regular columns, the LIJ published about 70 legal features written and reviewed by experts in their field. Liability and driverless cars, sexual harassment, family violence, evidence, medicinal cannabis, ethics, uniform law, sentencing, penalties, IP, wills, trade practices, trauma and tax are were some of many areas of law covered. Special editions were property in August, essential skills in March and children’s law in April. LIJ Twitter followers increased by 16 per cent to 4904.


YOUNG LAWYERS JOURNAL The Young Lawyers Journal (YLJ) has enjoyed another year of success, publishing four high quality digital editions over the 2016/17 year. The editions have focused on topics important to young lawyers including health and wellbeing, the future of the legal profession, international law and opportunities abroad and new career opportunities. Each edition reached an average of over 9000 YL members, regularly achieving an email open rate of over 30 per cent of our subscribed readers.

LIJ published more than 70 legal features written and reviewed by experts in their field across 11 editions of the publication

The Young Lawyers Editorial Committee remains highly engaged with many memberauthored articles covering a diverse range of topics such as the law of Antarctica through to volunteering in community legal centres and profiling new businesses offering online legal solutions and services. This year, the YLJ focused on raising author profiles by including their photographs with articles. The Committee also collaborated with the Young Lawyers Executive Committee to produce inspiring career profiles for each edition.

STAYING INFORMED

SOCIAL MEDIA

The LIV continues to grow its online presence in 2017, managing a diverse mix of social channels to reach and engage LIV members and the broader legal community.

The LIV social media channels as at 1 July 2016 include:

With a focus on delivering the latest news, information and content to engage the legal profession and develop their professional skills and knowledge base, the LIV’s social channels also extend further by delivering content to the wider community interested in legal affairs. This year saw the re-launch of yourliv Instagram as well as continued growth in followers and reach within established social media platforms.

Social Media highlight: yourliv Instagram was re-launched in April 2017 with the aim to capture and share images of LIV events and local legal happenings with LIV members and the wider legal community. It has received positive feedback and a 58 per cent increase in followers.

Social Media Channel

2016

2017

Increase

LIV Young Lawyers Twitter

633

916

45%

LIV YouTube Channel

122

164

34%

Law Institute Journal Twitter

4210

4904

16%

LIV President's Twitter

4316

4930

14%

LIV Young Lawyers Facebook

9144

10,293 12%

LIV LinkedIn Company Page

8064

9042

12%

LIV Instagram

120

190

58%

41

LIV YouTube

+34% LIV Young Lawyers Twitter

+45% Strong growth achieved across all social media platforms


STAYING INFORMED

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LawNews publishes original insights and analysis from leaders of the profession through blogs, podcasts and videos. LawNews is sent to 13,000 practising and affiliate members, as well as to influential members of the profession and judiciary. Over the past 12 months, LawNews has surpassed the target open and click rates of 30 per cent, with the average open rate improving from 32 to 39 per cent over the six months to June 30 2017.

32% 15%

22%

LawNews is the LIV’s daily e-newsletter for members. LawNews provides a selection of mainstream media articles tailored to the interests of lawyers, including exclusive articles behind pay-walls. LawNews also provides substantive legal updates from the courts, government, LIV and other legal stakeholders. It also includes updates to legislation, news of professional networking events and career opportunities.

39%

LAWNEWS

Open

Industry Standard

Industry Standard

(according to Smart Insights)

Open rate: 22 per cent Click-to-open rate: 15 per cent * Click-to-open rate measures the percentage of LawNews email readers who clicked on a LawNews item in the email.


Click-to-open

LawNews

LawNews Open rate: 39 per cent Click-to-open rate: 32 per cent

STAYING INFORMED

BLOGS, PODCASTS & VIDEO

The LIV produces two blogs per week - the President’s Blog and the Young Lawyers Blog. Both are included in LawNews and shared across LIV social media. The blogs continue to enjoy a healthy readership, with a combined average 3,300 views per month.

The LIV also produces podcasts and short form videos that offer insights and analysis from leaders of the profession. The videos received up to 1500 views on average across social media and the podcasts up to 3000 plays. The short form videos have proven to be a popular means of promoting LIV events, with the promotional video for the 2017 Legal Awards enjoying 14,000 views on Facebook.

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14,000 VIEWS OF PROMOTIONAL 2017 LEGAL AWARDS VIDEO ON FACEBOOK

3000

PLAYS OF LIV PODCAST

1500 VIDEO VIEWS ON AVERAGE ACROSS SOCIAL MEDIA


STAYING INFORMED

MEDIA

The LIV continued to voice its views and advocate on major issues in the media during the year. Of note was the LIV’s contribution to the media discussion following the tragedy in Bourke Street, and outside of the LIV’s offices at 470 Bourke St together with many other legal firms and organisations. The LIV’s views and recommendations on bail reform featured in national and metropolitan mastheads.

44

The LIV also critiqued the Government and Opposition’s tough-on-crime discourse, particularly in regards to youth crime, and expressed its concerns regarding the transfer of detainees from Parkville youth detention centre to a wing of Barwon Adult Prison. The LIV Drugs in Sport Insights event which featured former Essendon coach Mark Thompson speaking frankly about the drugs scandal which embroiled the club for four years, was covered comprehensively by the media.


Among other issues on which the LIV was called on to comment were: • laws to criminalise homelessness in the CBD • attacks on the judiciary by Federal MPs • implementing recommendations from the family violence review • the legality of the same sex marriage plebiscite • the role of victims in the criminal trial process • changes to the sex offender register regarding sexting • spent convictions legislation • the role of therapeutic justice in reducing recidivism • the presumption of innocence • child protection laws • expanded powers for protective services offices (PSOs) • Preventative detention of suspected terrorists • Calls to scrap the Family Court • Concerns regarding video-link trials

STAYING INFORMED LIV Law Books is Australia’s only specialist law bookshop

LIV Law Books maintains its leading role as Australia’s only specialist law bookshop. The shift to digital products has affected book purchasing worldwide. This contrasts with the increasing number of new paper based texts printed in response to changing legislation. LIV Law Books maintains a 10 per cent discount to practising members of the LIV. Retail pricing used by LIV Law Books is based on the standard set out as the Australian Recommended Retail Price, (ARRP), and is widely used by the University Cooperative Bookshops, LIV Law Book’s major competitor.

LAW BOOKS

Law Books saw healthy sales for independently published books ie, Gordon Lewis’s autobiography Bitten by an Elephant, Blind Optimist The Life of Lawrie McCredie by Di Websdale-Morrissey along with all titles written by the Hon Michael Kirby. Sales stimulated by weekly emails updating members with texts that assist in the management of their legal practice have been highly successful. These weekly emails have resulted in an increase in orders made for collection directly from 470 Bourke Street.

In 2017/18 Law Books will achieve increased sales results through: • increase of the number of member’s self-published legal materials stocked by Law Books • continued streamlining bookshop procedures and processes • improving frequency of updates of the Bourke Street screen on recent publications and text information Law Books will be exhibiting at the Internaltional Bar Association Conference in Sydney in October following a successful stand at the Commonwelath Law Conference.


45

Paul Horvath SPORTS LAWYER

SUPPORT SERVICES

SUPPORT SERVICES

LIV COSTS LAWYERS

The past year has been successful for LIV Costs Lawyers. The focus over the past 12 months has been to deliver an effective income stream for the LIV as well as maintaining and improving current relationships with clients.

48


A new logo and new processes and procedures have delivered faster turnaround times on the delivery of cost calculations to clients. LIV Costs lawyers also delivered costs workshops to members and contributed articles to the LIJ.

Highlights 2016/17 • Implementation of new processes and procedures • Increase of revenue stream • Procurement of new clients and stronger relationships with current clients

SUPPORT SERVICES

HEALTH AND WELLBEING

The LIV currently provides a range of resources and services to support members at every stage of their legal career including a comprehensive Employee Assistance Program (EAP) designed to assist members in meeting the challenges and demands of their work and personal life.

The Employee Assistance Program is:

Highlights 2016/17

• a confidential service

• Members’ walking and running groups

• Introduction of a wellness program

• available to all LIV members • available for up to three sessions per specific issue The LIV also continues to support the Wellbeing and the Law Foundation, a joint initiative of the LIV and Victorian Bar established in 2013 to support the health and wellbeing of the legal profession. The foundation aims to create a strong culture of wellbeing within the legal profession promoting wellness as a business strategy imperative. Accreditation of legal firms as a means of reaching more lawyers was investigated and a strategy planned.

FOUNDATION

The LIV is committed to providing quality support and wellbeing programs to ensure that legal professionals have access to the information and resources they need to maintain good health.


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SUPPORT SERVICES

FIND YOUR LAWYER REFERRAL SERVICE For more than 30 years the LIV Find Your Lawyer Referral Service has been providing assistance to the Victorian community. It has been a trusted and reliable entry point to legal services and information and for many people this is their first experience with the legal profession and system.

Member firms provide a free 30-minute interview to clients of the service. Clients can use this interview to discuss their legal issue with a lawyer, determine what options are available and obtain an estimate of costs to proceed.

Highlights 2016/17 • More than 39,000 referrals were made in 2016/17 • More than 550 law practices across Victoria participated in the service • Online self- service referral search has issued over 5,500 referral letters • More than 300 law practices have been part of the referral service for five or more consecutive years

50

3000

requests for 30-minute pro bono interviews per month


The referral service has three access points: • Telephone 9-5 Monday to Friday, answers more than 3000 requests for legal services per month • Website provides an online directory of participating legal practices. Searchable by area of law, location and language • Email with a 24-hour turn around Almost half the clients are referred to the service by other organisations such as: • Legal Aid, Community Legal Centres, Job Watch, Consumer Affairs, Fair Work Commission, Justice Connect as well as private legal practices The service also receives calls from law firms for firm to firm referrals. Areas of law most referred to include litigation law, employment and workplace relations, family and relationships and criminal law. In 2016/17 there has been an increase in requests for referrals to these areas: criminal law, administrative law, family and relationships law, commercial, business and corporate law.

OUR PEOPLE

PEOPLE AND CULTURE

The LIV has a workforce of more than 120 people who work in a diverse range of areas, many of whom are part-time or contractors. During the year, an on-line human resource information system (HRIS) was introduced setting in place key performance indicators for all staff and enabling ready access to support for all staff. This initiative is part of a three year program of human resource management improvements benchmarked against best practice.

Values and culture

Teamwork and achievement

Our goal is to provide exceptional service at all times, to continue to raise the professional standards across the profession, to influence the debate on public policy and development of the law, while advocating justice for all. Our values drive everything we do – excellence, integrity, innovation, teamwork and accountability. We commit to our values through our performance and behaviour. Our leaders and our people openly commit to our values.

Achievement is fostered at the LIV through a culture of innovation and improvement. A desire to constantly promote wellbeing in our employees and promote lifelong learning across our organisation. We provide:

We are proud of our family friendly culture and support flexible work practices that enable employees to make active choices in respect of their work and non-work options, including a 35-hour week, part-time, flexible work arrangements, paid parental leave, purchased annual leave.

• training opportunities for new and existing employees, including skills specific training and access to LIV Professional Development programs to enable continuous learning • professional development to support technical/specialist expertise • tailored development programs that equip our people to build management and leadership capabilities from people management basics to values-based leadership, building high-performing teams and leading our organisation into the future • staff recognition programs • access to health and wellbeing programs and Employee Assistance Program (EAP)


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Council & Committees

EXECUTIVE DIRECTORS

BELINDA WILSON PRESIDENT 2017 Duration of current term Until 31 December 2017

52

Category Country Qualifications LLB, GAICD Experience 15 years legal experience in business, property, succession planning and estates. Committees of Council • Member, Corporate Governance Committee • Member, Audit and Risk Committee • Member, Ethics Committee • Chair, Rules of Practice Committee Ex-Officio • Access to Justice • Accident Compensation • Accredited specialisation • Awards Committee • Diversity Taskforce • Legal Aid Taskforce • Medico-Legal Standing Committee • Membership Committee • Reconciliation Action Plan Committee

SUZANNE (SUE) KEE • Taskforce on Regulation and Charitable Status • Technology and the Law Committee • Workers’ Compensation Committee

PRESIDENT-ELECT

Taskforces • Member,Bail Working Group • Member, Building Working Group • Member, Taskforce on Regulation and Charity Status

Category City

LIV Sections • Member, Commercial Law Section • Member,Elder law Section • Member,Litigation Lawyers Section • Member,Property and Environmental Section • Member,Succession Law Section Council Liason • Practice Support Section

Duration of current term Until 31 December 2017

Qualifications BA (Hons) LLB (Hons) Post Graduate Diploma of Legal Practice MAICD Experience 12 years experience in litigation and dispute resolution. Previous employment in government at federal and state levels. Committees of Council • Member, Ethics Committee • Chair Reconciliation Action Plan Committee • Observer Audit & Risk Committee • Observer Corporate Governance Committee LIV Sections • Litigation Lawyers Section • Administrative Law & Human Rights Section Council Liaison • North East Law Association • LIV Young Lawyers External Appointments • Australian Institute of Aboriginal and Torres Strait Islander Studies member



STUART WEBB

SIMON LIBBIS

SAM PANDYA

VICE-PRESIDENT

EXECUTIVE MEMBER

5TH EXECUTIVE MEMBER




Category Corporate

Category Suburban

Category Suburban

Qualifications MPIL, LLB (Hons), BA

Qualifications B Juris, LLB, LIV Accredited Specialist in property law

Qualifications BA (Hons) LLB (Hons), nationally accredited mediator

Experience 39 years experience in all aspects of property law.

Experience 20 years experience practising in corporate and personal insolvency.

Committees of Council • Member, Accredited Specialisation Board • Chair, Awards Committee

Committees of Council • Member, Audit Committee • Member,Corporate Governance Committee

Experience 15 years legal experience in administrative law, migration, social security and mental health. Committees of Council • Member, ccess to Justice Committee • Chair, Audit Committee Member, Executive Taskforces • Member, Diversity Taskforce LIV Sections • Administrative Law & Human Rights Section • Elder Law Section External Appointments • Victorian State Committee member • Justice Connect member • Victorian Legal Assistance Forum (VLAF) member, alternate to Mark Woods • Legal Aid Matters Local Coordinating Committee 2016

Taskforces • Chair, Building Working Group • Member, Taskforce on Regulation and Charitable Status LIV Sections • Property and Environmental Law Section Council Liaison • North West Victoria Law Association

Taskforces • Chair, Diversity Taskforce • Co-chair, Taskforce on Regulation and Charitable Status LIV Sections • Young Lawyers Section Council Liaison • Eastern Solicitors Law Association • Western Suburbs Law Association • North West Victoria Law Association • Ballarat and District Law Association External Appointments • LCA Equal Opportunity Committee • Victoria University College of Law & Justice Program Advisory Committee LAW INSTITUTE OF VICTORIA ANNUAL REPORT 2017

53

DIRECTORS


54

MOLINA ASTHANA

GERRY BEAN

CAROLINE COUNSEL




Category Government

Category Law firms

Category City

Qualifications BCom, LLB, LLM

Qualifications BEc LLB LLM PhD , Grad Dip CommLaw

Qualifications LLB BA

Experience Victorian Government Solicitor's Office (VGSO) principal solicitor. Areas of expertise include commercial law, tendering and procurement and contract management.

Experience 28 years legal experience in corporate mergers and acquisitions, commercial transactions, taxation and duties.

Experience More than 30 years experience in family law. Accredited family law specialist and collaborative professional.

Committees of Council • Member, Reconciliation Action Plan Committee

Committees of Council • Member, Corporate Governance Committee • Member, Ethics Committee • Chair, Membership Committee

Committees of Council • Member, Accredited Specialisation • Member, Ethics Committee

Taskforces • Member, Diversity Taskforce LIV Sections • Government Lawyers Section • International Law Section External Appointments (Boards/Bodies) • Melbourne University Graduate Union Council • AFL South East Commission • Asian Australian Lawyers Association


Taskforces • Co-chair, Taskforce on Regulation and Charitable Status • Member, Building Working Group External Appointments • DLA Piper International, board member

LIV Sections • Collaborative Practice Section • Family Law Section Council Liaison Goulburn Valley Law Association External Appointments • Law Council of Australia LIV member director • Magistrates' Court Family Violence Taskforce • Victorian Legal Admissions Board


MARYJANE CRABTREE

PATRICK HOLT

CLAIRE KELLY



Duration of current term Until 27 June 2017

Category City

Category Country

Category New Legal Practitioner

Qualifications BA/LLB, GAICD

Qualifications JD

Qualifications JD, BMus(Hons)

Experience 31 years experience, practising in occupational health and safety, product liability and sport law.

Experience More than 30 years legal experience with qualifications in US, New Zealand and Australia. Currently Fair Work Commission national conciliation manager

Experience Four years experience in commercial litigation

Committees of Council • Chair, Corporate Governance Committee • Member, Technology and the Law Committee Taskforces Member, Diversity Taskforce LIV Sections • Workplace Relations Section • Litigation Lawyers Section Council Liaison • Geelong Law Association • Western District Law Association External Appointments • Member, Victorian Legal Admissions Committee • Director, Epworth Healthcare Ormond College and Racing Analytical Services Limited • Member, Ethics Committee, Australian Institute of Health and Welfare • Member, Coronial Council of Victoria • Member, Panel of Inquiry, CPAA

Committees of Council • Member, Corporate Governance Committee Taskforces • Member, Building Working Group

Committees of Council • Member, Audit Committee • Member, Reconciliation Action Plan Committee Taskforces • Member, Diversity Taskforce LIV Sections • Administrative Law and Human Rights Section Council Liaison • Mornington Peninsula Solicitors Association


55

DIRECTORS


56

BRENDAN LACOTA

MICHAEL LOMBARD

JOHN MCPHERSON




Category Legal Assistance

Category City

Category Country

Qualifications Bachelor of Biomedical Science (BBiomedSci), JD

Qualifications LLB,BComm, LIV Accredited Specialist in Personal Injury Law

Qualifications BA(Hons) LLB

Experience Four years experience in the community legal sector and developing innovative ways to improve access to justice.

Experience Previous country and suburban solicitor, now specialising in TAC and personal injury law.

Committees of Council • Member, Corporate Governance Committee • Member, Membership Committee • Member, Technology and the Law Committee

Committees of Council • Member, Medico- Legal Standing Committee • TAC committee of Litigation Lawyers Section

Taskforces • Member, Bail Working Group

LIV Sections Succession Law Section

LIV Sections • Young Lawyers Section

Council Liaison Southern Solicitors Law Association

Council Liaison Gippsland Law Association

External Appointments • TAC-LIV Stakeholders Committee member • VCAT Heavy Users group


Experience 26 years in legal practice, for the last 23 a proprietor of the Bendigo-based firm, Arnold Dallas McPherson. Extensive involvement with community legal centres. Committees of Council • Member, Worker’s Compensation Committee Member • Membership Committee LIV Sections Costs Law Section Council Liaison Australian Lawyers Alliance (Victorian Branch) Committee member


TOM MAY

ZUBAIR MIAN



Category City

Category Suburban

Qualifications BEc LLB

Qualifications BA, LLB, M.A. (Social Work)

Experience More than 40 years experience in taxation law and succession planning.

Experience More than 30 years experience in commercial litigation, family law, trademarks and intellectual property.

Committees of Council • Member, Audit Committee • Member, Ethics Committee Taskforces Member, Building Working Group

Committees of Councill • Member, Bail Working Group • Member, Building Working Group • Member, Diversity Taskforce

LIV Sections Commercial Law (Tax and Revenue Committee)

Taskforces • Member, Bail Working Group • Member, Building Working Group • Member, Diversity Taskforce

External Appointments • Law Library of Victoria (LLV) Committee • Supreme Court Library Committee

LIV Sections Commercial Law Section Council Liaison • Northern Suburbs Law Association • Mornington Peninsula Lawyers’ Association External Appointments (Boards/Bodies) • Eastern Solicitors Law Association president, • Asian Australian Lawyers Association Founding member and vice-president (2013 to 2017) LAW INSTITUTE OF VICTORIA ANNUAL REPORT 2017

57


58

CARRIE O’SHEA

TANIA WOLFF





Qualifications BA/LLB (Hons)

Qualifications BA, LLB, LIV Accredited Specialist in Criminal Law

Experience 11 years experience in criminal law and mental health law. Committees of Council Member, Access Justice Committee Taskforces Member, Bail Working Group LIV Sections Criminal Law Section Council Liaison Criminal Law Section External Appointments (Boards/Bodies) Royal Women’s Hospital Human Research Ethics Committee member

Experience More than two decades of legal experience, the first decade mainly commercial law and in-house counsel work, the last decade, criminal law. Committees of Council • Access to Justice Committee • Accredited Specialisation Taskforces • Chair, Legal Aid Taskforce Bail Working Group LIV Sections • Criminal Law Section Council Liaison Criminal Law Section External Appointments Smart Justice Steering Committee (Boards/Bodies) • Youth Smart Justice member • Federation of Community Legal Centres member • National Association of Community Legal Centres member


FINANCIAL REPORT

Law Institute of Victoria Ltd and Controlled Entity Consolidated Financial report For the year ended 30 June 2017

Pitcher Partners Level 19 15 William Street Melbourne VIC 3000 Telephone (03) 8610 5000

TABLE OF CONTENTS

Directors' ............................................................................................................................................................................................. report 1 - 15

Auditor's ............................................................................................................................................................................................. independence declaration 16 Financial report

............................................................................................................................................................................................. Consolidated statement of profit or loss and other comprehensive income 17

............................................................................................................................................................................................. Consolidated statement of financial position 18

............................................................................................................................................................................................. Consolidated statement of changes in equity 19

............................................................................................................................................................................................. Consolidated statement of cash flows 20

............................................................................................................................................................................................. Notes to financial statements 21 - 31

Directors' ............................................................................................................................................................................................. declaration 32

Independent ............................................................................................................................................................................................. auditor's report 33 - 35

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT

The directors present their report together with the financial report of the Law Institute of Victoria Ltd ("the company") and of the consolidated entity, being the Company and its controlled entity, for the year ended 30 June 2017 and auditor's report thereon. This financial report has been prepared in accordance with Australian Accounting Standards ‐ Reduced Disclosure Requirements. Directors names The names of the directors in office at any time during or since the end of the year are: Name

Molina Asthana

1 January 2017

Gerard (Gerry) Bean

Caroline Counsel

Patrick Holt

27 February 2015 1 May 2017

Brendan Lacota Simon Libbis

31 December 2012 1 January 2017

Maryjane Crabtree

Suzanne (Sue) Kee

Appointed

20 February 2014 1 January 2017

21 February 2013

Michael Lombard 1 January 2016 Tom May

1 January 2017

John McPherson

1 January 2017

Zubair Mian 21 August 2015 Carrie O’Shea

1 January 2017

Sam Pandya

1 January 2015

Stuart Webb

1 January 2007

Belinda Wilson

1 January 2014

Tania Wolff 1 January 2016 The directors have been in office since the start of the year to the date of this report unless otherwise stated. Directors that have retired during the 2016 – 2017 financial year were: Louise Akenson 31 December 2016 Cameron Forbes

31 December 2016

Michael Holcroft

31 December 2016

Lyn Honan 16 February 2016 Claire Kelly 27 June 2017 Kathryn (Katie) Miller

21 November 2016

Steven Sapountsis

31 December 2016

Angela Sdrinis

18 November 2016 ‐ 1 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Results The loss of the Law Institute of Victoria Ltd for the year amounted to $1,357,288 (2016: $996,035). Review of operations The Law Institute of Victoria Ltd continued to engage in its principal activity, the results of which are disclosed in the attached financial statements. Significant changes in state of affairs There were no significant changes in the Law Institute of Victoria Ltd's state of affairs that occurred during the financial year, other than those referred to elsewhere in this report. Principal activities The principal activities of the Law Institute of Victoria Ltd during the financial year were as follows: (i) to undertake the roles of a professional association of lawyers providing high standards, continuing education, informed debate on issues within the areas of its professional competence, setting and maintaining the highest professional and technical standards and promoting the role of members for the benefit of the community; and (ii) to perform some functions, under delegation or contract, on behalf of the Victorian Legal Services Board and Commissioner; which it performs as a non‐profit organisation, registered as a charity, dedicated to its members and the development, maintenance and the sustenance of the law for the benefit of the community. Objectives The LIV’s constitutional objectives, are pursued through the mission statement and strategic plan, detailed in the annual report which include:  to foster the rule of law and to promote improvements and developments in the law;  to safeguard the independence of the legal profession;  to strengthen the community’s understanding and confidence both in the legal profession and in the processes by which the law is made and administered;  to act as a public voice for the expression of members’ opinions;  to represent the professional interests of members both generally and individually in their relations with the community including governments, courts and other institutions;  to promote and ensure compliance with high standards of professional and ethical conduct, professional practice and client service among Australian legal practitioners and to provide advice in relation to such matters;  to provide and co‐ordinate programs relating to continuing legal education and specialist accreditation for Australian Legal Practitioners; ‐ 2 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT  to provide a useful and cost effective range of services, facilities and benefits to members;

Information on directors Belinda Wilson Duration of current term Category Qualifications Experience Special Responsibilities

External Representation

President 2017 calendar year Until 31 December 2017 Country LLB, GAICD 15 years’ legal experience in business, Property, succession planning and estates. Member, Corporate Governance Committee Member, Audit and Risk Committee Member, Ethics Committee Chair, Rules of Practice Committee Access to Justice Accident Compensation Accredited Specialisation Awards Committee Diversity Taskforce Legal Aid Taskforce Medico‐Legal Standing Committee Membership Committee Reconciliation Action Plan Committee Taskforce on Regulation and Charitable Status Technology and the Law Committee Workers’ Compensation Committee Member, Bail Working Group Member, Building Working Group Member, Taskforce on Regulation and Charity Status Member, Commercial Law Section Member, Elder law Section Member, Litigation Lawyers Section Member, Property and Environmental Section Member, Succession Law Section Practice Support Section Victorian Law Foundation Board Member Alternate Director, Law Council of Australia Director, Seafood Industry Australia Pty Ltd Member, Interim board member of Law Library of Victoria

‐ 3 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Suzanne (Sue) Kee Duration of current term Category Qualifications Experience

Special Responsibilities


President Elect 2017 calendar year Until 31 December 2017 City BA (Hons) LLB (Hons) Post Graduate Diploma of Legal Practice MAICD 12 years’ experience in litigation and dispute resolution. Previous employment in government at federal and state levels prior to admission to practice in 2003. Member, Ethics Committee Chair, Reconciliation Action Plan Committee Observer – Audit & Risk Committee Observer – Corporate Governance Committee Litigation Lawyers Section Administrative Law & Human Rights Section North East Law Association LIV Young Lawyers Member, Australian Institute of Aboriginal and Torres Strait Islander Studies

Stuart Webb Duration of current term Category Qualifications Experience Special responsibilities


Vice President 2017 calendar year Until 31 December 2017 Corporate MPIL, LL.B (Hons), BA 15 years’ legal experience in administrative law, migration, social security and mental health Member, Access to Justice Committee Chair, Audit Committee Member, Executive Member, Diversity Taskforce Administrative Law & Human Rights Section Elder Law Section Member, Victorian State Committee Member, Justice Connect Member, Victorian Legal Assistance Forum (VLAF) – alternate to Mark Woods Legal Aid Matters Local Coordinating Committee 2016

‐ 4 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Sam Pandya Duration of current term Category Qualifications Experience Special responsibilities

External Appointments (Boards/Bodies)

Simon Libbis Duration of current term Category Qualifications Experience Special responsibilities

Molina Asthana Duration of current term Category Qualifications Experience

5th Exec member Until 31 December 2017 Suburban BA (Hons) LLB (Hons), nationally accredited mediator 20 years’ experience practising in corporate and personal insolvency. Member, Audit Committee Member, Corporate Governance Committee Chair, Diversity Taskforce Co‐Chair, Taskforce on Regulation and Charitable Status Young Lawyers Section Eastern Solicitors Law Association Western Suburbs Law Association North West Victoria Law Association Ballarat and District Law Association LCA Equal Opportunity Committee Victoria University College of Law & Justice Program Advisory Committee

Executive Member Until 31 December 2019 Suburban B Juris, LLB, LIV Accredited Specialist in Property Law 39 years’ experience in all aspects of property law. Member, Accredited Specialisation Board Chair, Awards Committee Chair, Building Working Group Member, Taskforce on Regulation and Charitable Status Property and Environmental Law Section North West Victoria Law Association Until 31 December 2017 Government B.Com, LLB, LLM Molina Swarup Asthana is a Principal Solicitor with the Victorian Government Solicitor's Office (VGSO) has been primarily working on Major Projects for the State of Victoria. She has broad‐based commercial and litigation experience and localised expertise in mergers and acquisitions. Molina's areas of expertise include commercial law, tendering and procurement and contract management. Her previous Australian experience includes working in top tier firms Minter Ellison (Mergers & Acquisitions) and Clayton Utz (Banking & Finance). She also has significant experience in the Indian jurisdiction having practiced in the Supreme Court, with law firms in the commercial area and also as an in‐house counsel of a big conglomerate. ‐ 5 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Special responsibilities Member, Reconciliation Action Plan Committee Member, Diversity Taskforce Government Lawyers’ Section International Law Section External representation Melbourne University Graduate Union Council AFL South East Commission Asian Australian Lawyers Association Gerard (Gerry) Bean Duration of current term Until 31 December 2017 Category Law firms Qualifications BEc LLB LLM PhD , Grad Dip CommLaw Experience 28 years legal experience in corporate mergers and acquisitions, commercial transactions, taxation and duties. Special responsibilities Member, Corporate Governance Committee Member, Ethics Committee Chair, Membership Committee Co‐Chair, Taskforce on Regulation and Charitable Status Member, Building Working Group External representation Board Member, DLA Piper International. Maryjane Crabtree Duration of current term Until 31 December 2018 Category City Qualifications BA/LLB, GAICD Experience 31 years’ experience, practising in occupational health and safety, product liability and sport law. Special responsibilities Chair, Corporate Governance Committee Member, Technology and the Law Committee Member, Diversity Taskforce Workplace Relations Section Litigation Lawyers Section Geelong Law Association Western District Law Association External representation Member, Victorian Legal Admissions Committee Director, Epworth Healthcare Ormond College and Racing Analytical Services Limited Member, Ethics Committee, Australian Institute of Health and Welfare Member, Coronial Council of Victoria Member Panel of Inquiry, CPAA Caroline Counsel Duration of current term Until 31 December 2019 Category City Qualifications LLB BA Experience More than 30 years’ experience in family law. Accredited family law specialist and collaborative professional. ‐ 6 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Special responsibilities Member, Accredited Specialisation Member, Ethics Committee Collaborative Practice Section Family Law Section Goulburn Valley Law Association External representation Law Council of Australia LIV Member Director Magistrates' Court Family Violence Taskforce Victorian Legal Admissions Board Patrick Holt Duration of current term Until 31 December 2017 Category Country Qualifications Juris Doctor 1983: Juris Doctor ‐ USA: Admitted to practice in Montana State Court and United States Federal District Court 2006: Enrolled as Barrister and Solicitor ‐ High Court of New Zealand 2008: Enrolled as Barrister and Solicitor ‐ Victoria ‐ Unrestricted Practise Certificate Experience Over 30 years active legal experience with qualifications in 3 countries. USA: Sole Practitioner, general practice of law, Chief legal counsel for regional bank, experience as full and part time judge. NZ: Consultant to legal firm, sole practitioner, National manager of dispute resolution for Crown owned entity VIC, Australia: Law firm consultant, Sole practitioner, former CEO of Accident Compensation Conciliation Service (statutory appointment), completed Company Director course at Australian Institute of Company Directors (2015), conducted review of Regulatory Framework around Social and Community Housing in Victoria for Minister of Finance (2016) Current: National Conciliation Manager for the Fair Work Commission (Commonwealth of Australia) Special responsibilities Member, Corporate Governance Committee Member, Building Working Group Claire Kelly Duration of current term Until 27 June 2017 Category New Legal Practitioner Qualifications JD, BMus(Hons) Experience Four years’ experience in commercial litigation Special responsibilities Member, Audit Committee Member, Reconciliation Action Plan Committee Member, Diversity Taskforce Administrative Law & Human Rights Section Mornington Peninsula Solicitors Association ‐ 7 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Brendan Lacota Duration of current term Until 31 December 2017 Category Legal Assistance Qualifications Bachelor of Biomedical Science (BBiomedSci) Juris Doctor (JD) Experience 4 years’ experience in the community legal sector and developing innovative ways to improve access to justice Special responsibilities Member, Corporate Governance Committee Member, Membership Committee Member, Technology and the Law Committee Member, Bail Working Group Young Lawyers Section Gippsland Law Association Michael Lombard Duration of current term Until 31 December 2018 Category City Qualifications LLB,BComm, LIV Accredited Specialist in Personal Injury Law Experience Previous country and suburban solicitor, now specialising in TAC and personal injury law Special responsibilities Member, Medico‐ Legal Standing Committee, TAC committee of Litigation Lawyers Section LIV Sections Succession Law Section Council Liaison Southern Solicitors Law Association External representation Member, TAC‐LIV Stakeholders Committee, VCAT Heavy Users group Tom May Duration of current term Until 31 December 2019 Category City Qualifications B.Ec. LL.B Experience Over 40 years' experience in taxation law and succession planning. Special responsibilities Member, Audit Committee Member, Ethics Committee Member, Building Working Group Commercial Law (Tax and Revenue Committee) External representation Law Library of Victoria (LLV) Committee Supreme Court Library Committee John McPherson Duration of current term Until 31 December 2019 Category Country Qualifications BA(Hons) LLB Experience Twenty‐six years in legal practice and, for the last twenty‐three, as a proprietor of the Bendigo‐based firm, Arnold Dallas McPherson. Mainly working personally in plaintiff personal injuries work, the practice has conducted diverse work over the years, including Wills and Probate, conveyancing, estate planning, crime and family law. Extensive past and current involvement with community legal centres. ‐ 8 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Special responsibilities Member, Worker’s Compensation Committee Member, Membership Committee Costs Law Section Bendigo Law Association Wimmera Law Association Goulburn Valley Law Association External representation Committee Member – Australian Lawyers Alliance (Victorian Branch). Zubair Mian Duration of current term Until 31 December 2018 Category Suburban Qualifications B.A., LL.B, M.A. (Social Work) Experience More than 30 years’ of experience in commercial litigation, including representing both plaintiffs and defendants in family law, TFM, trademarks and intellectual property, commercial and civil litigation. Zubair established the firm Mian Phillips & Co in October 1988 and is its principal. Special responsibilities Member, Access to Justice Committee Member, Awards Committee Member, Membership Committee Member, Bail Working Group Member, Building Working Group Member, Diversity Taskforce Commercial Law Section Northern Suburbs Law Association Mornington Peninsula Lawyers’ Association External representation President, Eastern Solicitors Law Association Inc. Founding Member and Vice President (2013 to 2017) Asian Australian Lawyers Association Inc. Carrie O’Shea Duration of current term Until 31 December 2019 Category Legal Assistance Qualifications BA/LLB (Hons) Experience 11 years’ experience in criminal law and mental health law. Special responsibilities Member, Access Justice Committee Member, Bail Working Group Criminal Law Section Criminal Law Section External representation Member Royal Women’s Hospital Human Research Ethics Committee Tania Wolff Duration of current term Until 31 December 2018 Category Legal Assistance Sector Qualifications BA, LLB, LIV Accredited Specialist in Criminal Law Experience Over two decades of legal experience; the first decade predominantly commercial law and in‐house counsel work. Last decade, predominantly criminal law. ‐ 9 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Special responsibilities Member, Access to Justice Committee Member, Accredited Specialisation Chair, Legal Aid Taskforce Member, Bail Working Group Criminal Law Section Criminal Law Section External representation Steering Committee, Smart Justice Member, Youth Smart Justice Member, Federation of Community Legal Centres Member, National Association of Community Legal Centres Steven Sapountsis Duration of current term Category Qualifications Experience

Special responsibilities

President 2016 calendar year Until 31 December 2016 Suburban BEc/LL.B (Hons) 34 years’ legal experience in commercial contractual, property, trusts and professional negligence litigation and dispute resolution; incorporated bodies and professional regulation and compliance work Audit Committee Costs Policy Committee Executive Committee (President Elect 2015 calendar year) Ethics Committee Rules of Practice Committee (Chair) Access to Justice (Ex‐Officio) Accident Governance Portfolio (Ex‐Officio) Accredited Specialisation Board (Ex‐Officio) Awards Committee (Ex‐Officio) Corporate Governance Committee (Ex‐Officio) Executive Committee (Ex‐Officio) Medico‐Legal Standing Committee (Ex‐Officio) Reconciliation Action Plan Committee (Ex‐Officio) Technology and the Law Committee (Ex‐Officio) Legal Aid Taskforce (Ex‐Officio) Diversity Taskforce (Ex‐Officio) Taskforce Regulation and Charitable Status (Ex‐Officio) Commercial Law Section Practice Support Section Litigation Lawyers’ Section Property and Environmental Law Section Workplace Relations Section Litigation Lawyers Section (Council Liaison) Eastern Lawyers Law Association (Council Liaison)

‐ 10 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Louise Akenson Duration of current term Category Qualifications Experience Special responsibilities

Kathryn (Katie) Miller Duration of current term Category Qualifications Experience

Special responsibilities


Cameron Forbes Duration of current term Category Qualifications Experience Special responsibilities

Until 31 December 2016 Legal Assistance Master of Laws, Bachelor of Laws (Hons), Bachelor of Social Work (Hons) 21 years’ experience, practicing in child protection, family, administrative and criminal law in state government departments and Victoria Legal Aid. Government Lawyers Section (Chair Elder Law Section (Council Liaison) Bendigo Law Society (Council Liaison) Immediate Past President 2016 calendar year Until 31 December 2017 Government LL.B (Hons), BSc, GAICD 13 years’ experience in providing advice and litigation services to state and federal governments in administrative law, professional discipline and regulation and public sector governance and integrity. Executive Committee (Immediate Past President 2016 calendar year) Corporate Governance Committee Accredited Specialisation Board (Chair) Technology and the Law Committee Government Lawyers Section Government Lawyers Section (Council Liaison) Goulbourn Valley Law Association (Council Liaison) Australian Institute of Administrative Law, Victorian Chapter (Executive Committee) LCA National Human Rights Committee Law Library of Victoria (Interim Board) LCA Futures Committee Commonwealth Lawyers Association Papers Committee (Chair) Until 31 December 2016 City Master of Laws, Bachelor of Laws (Hons), Bachelor of Accounting, Bachelor of Computing, Graduate Diploma of Chartered Accountancy 9 years’ experience in taxation. Membership Committee Audit Committee Awards Committee Taskforce on Regulation and Charitable Status Young Lawyers’ Section Young Lawyers (Co‐liaison) Commercial Law Section (Council Liaison) Northern Suburbs Law Association (Council Liaison) ‐ 11 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Michael Holcroft Duration of current term Category Qualifications Experience Special responsibilities

Lyn Honan Duration of current term Category Qualifications Experience Special responsibilities

External Representation Angela Sdrinis Duration of current term Category Qualifications Experience Special responsibilities


Until 31 December 2016 Country LL.B/BEc 27 years’ legal experience in commercial law, commercial litigation, conveyancing and estates Corporate Governance Committee (Chair) Commercial Law Section Litigation Law Section Property and Environmental Law Section Practice Support Section Practice Support Section (Council Liaison) North West Law Association (Council Liaison) Wimmera Law Association (Council Liaison) North Eastern Law Association (Council Liaison) Until 31 December 2018 City BA/LL.B 18 years’ experience in costs law. Access to Justice Committee Cost Lawyers Section (Council Liaison) Family Law Section (Council Liaison) Southern Solicitors Group Law Association (Council Liaison) Maurice Blackburn Risk Management Committee

Until 31 December 2017 Suburban BA, LL.B Accredited Specialist in Personal Injuries 34 years’ legal experience in personal injuries Accident Compensation Committee Medico Legal Standing Committee Accredited Specialisation Board Litigation Lawyers’ Section Southern Solicitors Group (Council Liaison) Victorian Chapter Board of the College of Law In Good Faith Foundation

‐ 12 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT Meetings of directors

Directors

Number eligible to attend

Louise Akenson Gerard (Gerry) Bean Maryjane Crabtree Caroline Counsel Cameron Forbes Michael Holcroft Lyn Honan Suzanne (Sue) Kee Claire Kelly Simon Libbis Michael Lombard Tom May Kathryn (Katie) Miller Zubair Mian Sam Pandya Steven Sapountsis Angela Sdrinis Stuart Webb Belinda Wilson Tania Wolff Molina Asthana Brendon Lacota John McPherson Carrie O’Shea Patrick Holt

Executive committee meetings

Directors' meetings

Number attended

5 10 10 6 6 6 7 10 9 10 10 5 5 10 10 6 5 10 10 10 5 5 5 5 2

4 8 9 3 5 5 4 10 5 10 7 5 4 10 8 5 3 10 10 10 5 4 5 4 2

Number eligible to attend

Number attended

‐ ‐ ‐ ‐ ‐ ‐ ‐ 12 ‐ 6 ‐ ‐ 5 ‐ 7 5 ‐ 12 12 ‐ ‐

Audit committee meetings Number eligible to attend

‐ ‐ ‐ ‐ ‐ ‐ ‐ 9 ‐ 6 ‐ ‐ 5 ‐ 6 4 ‐ 12 11 ‐ ‐

Number attended

‐ ‐ ‐ ‐ 12 ‐ ‐ ‐ 5 ‐ ‐ 12 ‐ ‐ ‐ 6 ‐ 12 12 ‐ ‐

‐ ‐ ‐ ‐ 9 ‐ ‐ ‐ 1 ‐ ‐ 11 ‐ ‐ ‐ 4 ‐ 12 10 ‐ ‐

Members guarantee The Law Institute of Victoria Ltd is incorporated under the Corporations Act 2001 and is a company limited by guarantee. If the Law Institute of Victoria Ltd is wound up, the Constitution states that each member is required to contribute to a maximum of $10 each towards meeting any outstandings and obligations of the group. At 30 June 2017 the number of members was 19,292. The combined total amount that members of the Law Institute of Victoria Ltd are liable to contribute if the Law Institute of Victoria Ltd is wound up is $192,920.

‐ 13 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY DIRECTORS' REPORT After balance date events No other matters or circumstances have arisen since the end of the financial year which significantly affected or may significantly affect the operations of the Law Institute of Victoria Ltd, the results of those operations, or the state of affairs of the Law Institute of Victoria Ltd in future financial years. Likely developments The Law Institute of Victoria Ltd expects to maintain the present status and level of operations. Environmental regulation The Law Institute of Victoria Ltd's operations are not regulated by any significant environmental regulation under a law of the Commonwealth or of a State or Territory. Indemnification of officers During or since the end of the year, the Law Institute of Victoria Ltd has paid a premium in respect of an insurance contract to indemnify officers against liabilities that may arise from their position as officers of the company and its controlled entities. Officers indemnified include the company secretary, all directors and executive officers participating in the management of the company and its controlled entities. Further disclosure otherwise required under section 300(9) of the corporations law is prohibited under the terms of the contract. Indemnification of auditors No indemnities have been given or insurance premiums paid, during or since the end of the financial year, for any person who is or has been an auditor of the Law Institute of Victoria Ltd. Auditor's independence declaration A copy of the auditor's independence declaration under division 60‐40 of the Australian Charities and Not‐for‐profits Commission Act 2012 in relation to the audit for the financial year is provided with this report. Rounding of amounts In accordance with ASIC Corporations (Rounding in Financial/Directors’ Reports) Instrument 2016/191 the amounts in the directors’ report and in the financial report have been rounded to the nearest dollar.

‐ 14 ‐

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY AUDITOR'S INDEPENDENCE DECLARATION TO THE DIRECTORS OF LAW INSTITUTE OF VICTORIA LTD In relation to the independent audit for the year ended 30 June 2017, to the best of my knowledge and belief there have been no contraventions of APES 110 Code of Ethics for Professional Accountants. This declaration is in respect of Law Institute of Victoria Ltd and the entities it controlled during the year.

K L BYRNE

PITCHER PARTNERS

Partner

Melbourne

Date: 27th September 2017

‐ 16 ‐ An independent Victorian Partnership ABN 27 975 255 196 Level 19, 15 William Street, Melbourne VIC 3000 Liability limited by a scheme approved under Professional Standards Legislation

Pitcher Partners is an association of independent firms Melbourne | Sydney | Perth | Adelaide | Brisbane | Newcastle An independent member of Baker Tilly International

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY CONSOLIDATED STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2017 Note

Revenue

2

Less: expenses Membership services Regulation (direct costs) Governance and representation Finance and internal support Capitation fees Other expenses from ordinary activities Deficit

15

2017 $ 17,791,872

17,022,742

(9,858,981) (1,383,907) (2,513,843) (2,266,988) (1,123,758) (2,001,683) (19,149,160)

(9,378,329) (2,224,884) (2,629,304) (1,925,779) (1,098,220) (762,261) (18,018,777)

(1,357,288)

(996,035)

Other comprehensive income for the year Total comprehensive income

2016 $

(1,357,288)

The accompanying notes form part of these financial statements. - 17 -

(996,035)

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2017 Note

Current assets Cash and cash equivalents Trade and other receivables Inventories Financial assets Other current assets

4 5 6 7 8

2017 $

2016 $

9,227,856 767,177 133,860 6,397,102 270,940

14,156,893 627,418 122,243 1,797,256 277,496

16,796,935

16,981,306

625,323 14,381,594

200,000 172,924 14,661,477

Total non-current assets

15,006,917

15,034,401

Total assets

31,803,852

32,015,707

1,438,474 1,655,778 6,068,915

1,137,030 1,028,973 5,890,586

9,163,167

8,056,589

107,343

68,488

107,343

68,488

9,270,510

8,125,077

22,533,342

23,890,630

8,520,560 14,012,782

8,520,560 15,370,070

22,533,342

23,890,630

Total current assets Non-current assets Financial assets Intangible assets Property, plant and equipment

Current liabilities Trade and other payables Provisions Other current liabilities

7 9 10

11 12 13

Total current liabilities Non-current liabilities Provisions

12

Total non-current liabilities Total liabilities Net assets Equity Reserves Retained surplus Total equity

14 15


LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY CONSOLIDATED STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30 JUNE 2017 Retained surplus $

Reserves $

Total equity $

Consolidated Balance as at 1 July 2015

8,520,560

16,366,105

24,886,665

Deficit for the year

-

(996,035)

(996,035)

Total comprehensive income for the year

-

(996,035)

(996,035)

Balance as at 30 June 2016

8,520,560

15,370,070

23,890,630

Balance as at 1 July 2016

8,520,560

15,370,070

23,890,630

Deficit for the year

-

(1,357,288)

(1,357,288)

Total comprehensive income for the year

-

(1,357,288)

(1,357,288)

14,012,782

22,533,342

Balance as at 30 June 2017

8,520,560


LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2017 Note

Cash flow from operating activities Subscriptions Receipts from Legal Service Board / Legal Service Commissioner Payments to suppliers and employees Interest / Investment income received Capitation fees Bookshop sales, administration fees and other member activities

2017 $

2016 $

5,404,414 5,370,477 (16,455,028) 422,553 (1,123,758) 6,230,049

5,453,734 5,361,534 (17,025,726) 436,837 (1,098,220) 6,264,939

(151,293)

(606,902)

496,250 (131,446) (4,688,119) (454,429)

(548,374) (172,924)

Net cash used in investing activities

(4,777,744)

(721,298)

Reconciliation of cash Cash at beginning of the financial year Net (decrease) in cash held

14,156,893 (4,929,037)

15,485,093 (1,328,200)

9,227,856

14,156,893

Net cash provided by / (used in) operating activities Cash flow from investing activities Proceeds from sale of investments Payment for property, plant and equipment Payment for investments Payment for intangible assets

Cash at end of financial year

10(b) 9(a)

4


LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES The financial report is a general purpose financial report that has been prepared in accordance with the Australian Charities and Not-for-profits Commission Act 2012 and Australian Accounting Standards Reduced Disclosure Requirements, Interpretations and other applicable authoritative pronouncements of the Australian Accounting Standards Board. The financial report covers Law Institute of Victoria Ltd and its consolidated entity. Law Institute of Victoria Ltd is a company limited by guarantee, incorporated and domiciled in Australia. Law Institute of Victoria Ltd is a not-for-profit entity for the purpose of preparing the financial statements. The financial report was approved by the directors as at the date of the directors' report. The following are the significant accounting policies adopted by the group in the preparation and presentation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.

(a) Basis of preparation of the financial report Historical Cost Convention The financial report has been prepared under the historical cost convention, as modified by revaluations to fair value for certain classes of assets and liabilities as described in the accounting policies.

(b) Principles of consolidation The consolidated financial statements are those of the consolidated entity, comprising the financial statements of the group and a dormant subsidiary entity (Collaborative Professionals Victoria Pty Ltd). As such the financial statements represent those of the parent entity.

(c) Income tax No provision for income tax has been raised as the group is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997.

- 21 -

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) (d) Impairment of non-financial assets Goodwill, intangible assets not yet ready for use and intangible assets with indefinite useful lives are not subject to amortisation and are therefore tested annually for impairment, or more frequently if events or changes in circumstances indicate that they might be impaired. For impairment assessment purposes, assets are generally grouped at the lowest levels for which there are largely independent cash flows ('cash generating units'). Accordingly, most assets are tested for impairment at the cash-generating unit level. Because it does not generate cash flows independently of other assets or groups of assets, goodwill is allocated to the cash generating unit or units that are expected to benefit from the synergies arising from the business combination that gave rise to the goodwill. Assets other than goodwill, intangible assets not yet ready for use and intangible assets with indefinite useful lives are assessed for impairment whenever events or circumstances arise that indicate the asset may be impaired. An impairment loss is recognised when the carrying amount of an asset or cash generating unit exceeds the asset's or cash generating unit's recoverable amount. The recoverable amount of an asset or cash generating unit is defined as the higher of its fair value less costs to sell and value in use. Refer to Note 2 for a description of how management determines value in use. Impairment losses in respect of individual assets are recognised immediately in profit or loss unless the asset is carried at a revalued amount such as property, plant and equipment, in which case the impairment loss is treated as a revaluation decrease in accordance with the applicable Standard. Impairment losses in respect of cash generating units are allocated first against the carrying amount of any goodwill attributed to the cash generating unit with any remaining impairment loss allocated on a pro rata basis to the other assets comprising the relevant cash generating unit. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have been discounted to present values in determining recoverable amounts.

(e) Revenue Revenue is recognised, where it can be reliably measured, in the period to which it relates or is invoiced. Income generated from advertising in the Law Institute Journal and Diary is recognised in the year received to more appropriately reflect the period in which it was earned. Interest revenue is recognised when it becomes receivable on a proportional basis taking in to account the interest rates applicable to the financial assets. Other revenue is recognised when the right to receive the revenue has been established. All revenue is measured net of the amount of goods and services tax (GST).

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Membership fees and Subscriptions The subscription year is 1 July to 30 June. Subscriptions are payable annually in advance. Only those membership fees and subscription receipts, which are attributable to the current financial year, are recognised as revenue. Fees and subscription receipts relating to periods beyond the current financial year are shown in the Consolidated Statement of Financial Position as deferred income under the heading Other Current Liabilities. (f) Inventories Inventories held for sale are measured at the lower of cost and net realisable value.

(g) Property, plant and equipment Each class of property, plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation and any accumulated impairment losses. Property Freehold land and buildings are measured at revalued amounts, being the fair value at the date of the revaluation, less any subsequent accumulated depreciation and accumulated impairment losses. At each balance date the carrying amount of each asset is reviewed to ensure that it does not differ materially from the asset’s fair value at reporting date.The Law Institute of Victoria obtain an independent valuation on land and buildings every 3 years. Increases in the carrying amounts arising on revaluation of land and buildings are recognised in other comprehensive income and accumulated in equity under the heading of asset revaluation reserve. To the extent that the increase reverses a decrease of the same class of asset previously recognised in profit or loss, the increase is recognised in profit or loss. Decreases that offset previous increases of the same class of asset are recognised in other comprehensive income under the heading of revaluation of land and building; all other decreases are charged to profit and loss. Plant and equipment Plant and equipment is measured on the cost basis. The carrying amount of plant and equipment is reviewed annually by directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows which will be received from the assets employment and subsequent disposal. The expected net cash flows have been discounted to present values in determining recoverable amounts. Depreciation Land is not depreciated. The depreciable amount of all property, plant and equipment is depreciated over their estimated useful lives commencing from the time the asset is held available for use, consistent with the estimated consumption of the economic benefits embodied in the asset. Class of fixed asset Buildings at valuation Furniture, fixtures and fittings at cost

Depreciation rates 40 years 3 - 7 years

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Depreciation basis Straight line Straight line / Diminishing value

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

(h) Intangibles Intangible assets Except for indefinite useful life intangible assets, which are not amortised but are tested annually for impairment, intangible assets are amortised over their estimated useful lives commencing from the time the asset is available for use. The amortisation method applied to an intangible asset is consistent with the estimated consumption of economic benefits of the asset. Expenditure on software and website development is capitalised only when technical feasibility studies demonstrate that the project will deliver future economic benefits and these benefits can be measured reliably. Capitalised software and website development expenditure is stated at cost less accumulated amortisation. Amortisation is calculated using a straight-line method to allocate the cost of the intangible assets over their estimated useful life of four years. Amortisation commences when the intangible asset is available for use.

(i) Employee benefits (i) Short-term employee benefit obligations Liabilities arising in respect of wages and salaries, annual leave and any other employee benefits (other than termination benefits) expected to be settled wholly before twelve months after the end of the annual reporting period are measured at the (undiscounted) amounts based on remuneration rates which are expected to be paid when the liability is settled. The expected cost of short-term employee benefits in the form of compensated absences such as annual leave and accumulated sick leave is recognised in the provision for employee benefits. All other short-term employee benefit obligations are presented as payables in the consolidated statement of financial position. (ii) Long-term employee benefit obligations The provision for other long-term employee benefits, including obligations for long service leave and annual leave, which are not expected to be settled wholly before twelve months after the end of the reporting period, are measured at the present value of the estimated future cash outflow to be made in respect of the services provided by employees up to the reporting date. Expected future payments incorporate anticipated future wage and salary levels, durations of service and employee turnover, and are discounted at rates determined by reference to market yields at the end of the reporting period on high quality corporate bonds that are denominated in the currency in which the benefits will be paid, and that have terms approximating to the terms of the related obligation. For currencies in which there is no deep market in such high quality corporate bonds, the market yields (at the end of the reporting period) on government bonds denominated in that currency are used. Any remeasurements for changes in assumptions of obligations for other longterm employee benefits are recognised in profit or loss in the periods in which the change occurs.

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) (i) Employee benefits (Continued) Other long-term employee benefit obligations are presented as current liabilities in the consolidated statement of financial position if the entity does not have an unconditional right to defer settlement for at least twelve months after the reporting date, regardless of when the actual settlement is expected to occur. All other long-term employee benefit obligations are presented as non-current liabilities in the consolidated statement of financial position. (j) Financial instruments Classification The group classifies its financial assets in the following categories: financial assets at fair value through profit or loss, loans and receivables, held-to-maturity investments, and available-for-sale financial assets. The classification depends on the nature of the item and the purpose for which the instruments are held. Fair value through profit or loss Financial assets are classified at fair value through profit or loss when they are held for trading for the purpose of short-term profit taking, are derivatives not held for hedging purposes, or when they are designated as such to avoid an accounting mismatch or to enable fair value performance evaluation by key management personnel. Investments in listed securities are carried at fair value through profit or loss. They are measured at their fair value at each reporting date and any increment or decrement in fair value from the prior period is recognised in profit or loss of the current period. Fair value of listed investments are based on closing bid prices at the reporting date. Held-to-maturity investments Held-to-maturity investments are non-derivative financial assets that have fixed maturities and fixed or determinable payments, and the group intends to hold the investments to maturity. They are subsequently measured at amortised cost using the effective interest rate method. Loans and receivables Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in an active market. Loans and receivables are subsequently measured at amortised cost using the effective interest rate method. Donated financial assets Financial assets donated to the group are recognised at fair value at the date the group obtains the control of the assets. Financial liabilities Financial liabilities include trade payables, other creditors and loans from third parties including intercompany balances and loans from or other amounts due to director-related entities.

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 1: STATEMENT OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) (j) Financial instruments (Continued) Non-derivative financial liabilities are subsequently measured at amortised cost, comprising original debt less principal payments and amortisation. Financial liabilities are classified as current liabilities unless the group has an unconditional right to defer settlement of the liability for at least twelve months after the reporting period.

(k) Comparatives Where necessary, comparative information has been reclassified and repositioned for consistency with current year disclosures.

2017 $

2016 $

592,868 5,226,085

436,837 4,757,290

5,370,477 4,580,137 1,246,564 775,741 17,791,872

5,361,534 4,748,851 1,070,394 647,836 17,022,742

583,404

551,803

38,125 211,218 249,343

38,125 189,580 227,705

152,233 376

126

11,529,346

10,609,866

NOTE 2: REVENUE Operating activities - Interest / Net investment income - Membership subscriptions - Legal Service Board/Legal Service Commissioner contributions and reimbursements - Membership activities - Bookshop sales and commissions - Other revenue

NOTE 3: OPERATING SURPLUS Surplus before income tax has been determined after: Cost of sales Depreciation - buildings - furniture and fittings Amortisation of intangibles - Bad debts (trade debtors) Employee benefits

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 2017 $ NOTE 4: CASH AND CASH EQUIVALENTS Cash on hand Cash at bank Cash on deposit

2016 $

250 3,190,910 6,036,696 9,227,856

250 2,641,143 11,515,500 14,156,893

NOTE 5: RECEIVABLES CURRENT Trade debtors Impairment loss Accrued income Other receivables

703,544 (5,639) 697,905

369,189 369,189

60,783 8,489 767,177

217,017 41,212 627,418

133,860

122,243

6,197,094 6,197,094

1,263,336 533,912 1,797,248

8

8

200,000 6,397,102

1,797,256

-

200,000

NOTE 6: INVENTORIES CURRENT Stock on hand

NOTE 7: FINANCIAL ASSETS CURRENT Financial assets at fair value through profit or loss Shares in listed corporations Bond fund

Available-for-sale financial assets Shares in associated corporations Held to maturity financial assets Mortgage loan NON CURRENT Held to maturity financial assets Mortgage loan

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 2017 $

2016 $

NOTE 8: OTHER CURRENT ASSETS CURRENT Prepayments Other current assets

NOTE 9: INTANGIBLE ASSETS Website and software at cost Accumulated amortisation

207,525 63,415 270,940

212,981 64,515 277,496

777,556 (152,233) 625,323

172,924 172,924

172,924 454,429 (152,233) 150,203 625,323

172,924 172,924

(a) Reconciliations Reconciliation of the carrying amounts of intangible assets at the beginning and end of the current financial year Opening balance Additions Amortisation expense Transfer from plant & equipment Closing balance

NOTE 10: PROPERTY, PLANT AND EQUIPMENT Land and buildings Freehold land and building at fair value Accumulated depreciation Total land and building

13,525,000 (76,250) 13,448,750

13,525,000 (38,125) 13,486,875

3,720,744 (2,787,900) 932,844 14,381,594

3,739,498 (2,564,896) 1,174,602 14,661,477

Plant and equipment Furniture, fixtures and fittings at cost Accumulated depreciation Total property, plant and equipment (a) Valuations The economic entity's land and buildings were revalued at 30 June 2015 by independent valuers. Valuations are made on an open market value basis. The revaluation surplus was credited to the asset revaluation reserve.

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2016 $

NOTE 10: PROPERTY, PLANT AND EQUIPMENT (CONTINUED) (b) Movement in Carrying Amounts Reconciliation of the carrying amounts of property, plant and equipment at the beginning and end of the current financial year Land and buildings Opening carrying amount Depreciation expense Closing carrying amount

13,486,875 (38,125) 13,448,750

13,525,000 (38,125) 13,486,875

1,174,602 131,446 (11,783) (211,218) (150,203) 932,844

815,808 548,374 (189,580) 1,174,602

835,051 603,423 1,438,474

488,618 648,412 1,137,030

(a)

1,011,490 644,288 1,655,778

1,028,973 1,028,973

(a)

107,343

68,488

1,118,833 123

1,097,461 120

Furniture, fixtures and fittings Opening carrying amount Additions Write offs Depreciation expense Reclassified to intangibles Closing carrying amount

NOTE 11: PAYABLES CURRENT Unsecured liabilities Trade creditors and accruals Sundry creditors

NOTE 12: PROVISIONS CURRENT Employee benefits Other NON CURRENT Employee benefits (a) Aggregate employee benefits liability (b) Number of employees at year end

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2016 $

6,068,915

5,890,586

8,518,060 2,500 8,520,560

8,518,060 2,500 8,520,560

8,518,060 8,518,060

8,518,060 8,518,060

2,500 2,500

2,500 2,500

NOTE 13: OTHER LIABILITIES CURRENT Deferred income

NOTE 14: RESERVES Asset revaluation reserve Other reserves

14(a) 14(b)

(a) Asset revaluation reserve Movements in asset revaluation reserve Opening balance Closing balance (b) Other reserves Movements in other reserves Opening balance Closing balance

NOTE 15: RETAINED SURPLUS Retained surplus at beginning of year Net (deficit) attributable to members of the entity Retained surplus at the end of the financial year

15,370,070 (1,357,288) 14,012,782

16,366,105 (996,035) 15,370,070

Current year deficit comprises statutory provisions as well as costs associated with the multi-year digital transformation project. The deficit was $40,000 over the 2017 approved budget before the statutory provisions (see other provisions Note 12).

NOTE 16: KEY MANAGEMENT PERSONNEL COMPENSATION Compensation received by key management personnel of the Law Institute of Victoria Ltd - short-term employee benefits - post-employment benefits

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653,904 26,816 680,720

674,080 27,813 701,893

LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017 NOTE 17: EVENTS SUBSEQUENT TO REPORTING DATE There has been no matter or circumstance, which has arisen since 30 June 2017 that has significantly affected or may significantly affect (a) (b) (c)

the operations, in financial years subsequent to 30 June 2017, of the group, or the results of those operations, or the state of affairs, in financial years subsequent to 30 June 2017, of the Law Institute of Victoria Ltd.

NOTE 18: ECONOMIC DEPENDENCE A portion of the revenue of Law Institute of Victoria is derived under the Legal Profession Act 2004, under its delegated regulatory role by the Legal Services Board. Under this Act the Legal Services Board and Legal Services Commissioner have the power to investigate and prosecute lawyers and mediate disputes between lawyers and clients and as such have agreed to delegate investigation of trust accounts, the audit of incorporated legal practice and the management or interventions of law practices when and if required. A service level agreement was signed 29 June 2015 by both the Legal Services Board and the Law Institute of Victoria covering a service period until 30 June 2018.

NOTE 19: MEMBERS' GUARANTEE The economic entity is limited by guarantee. If the economic entity is wound up, the constitution states that each member is required to contribute a maximum of $10 each towards meeting any outstanding obligations of the economic entity.

NOTE 20: RELATED PARTY TRANSACTIONS (a) Transactions with key management personnel of the entity or its parent and their personally related entities During the current financial year there were no transactions with related parties.

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LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY INDEPENDENT AUDITOR'S REPORT TO THE MEMBERS OF LAW INSTITUTE OF VICTORIA LTD

Report on the Audit of the Financial Report Opinion We have audited the financial report of Law Institute of Victoria Ltd ''the company'' and it subsidiaries, "the Group", which comprises the consolidated statement of financial position as at 30 June 2017, the consolidated statement of profit or loss and other comprehensive income, consolidated statement of changes in equity and consolidated statement of cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies, and the directors' declaration. In our opinion, the accompanying financial report of the Group, is in accordance with Division 60 of the Australian Charities and Not‐for‐profits Commission Act 2012, including: (a) giving a true and fair view of the Group’s financial position as at 30 June 2017 and of its financial performance for the year then ended; and (b) complying with Australian Accounting Standards ‐ Reduced Disclosure Requirements and Division 60 of the Australian Charities and Not‐for‐profits Commission Regulation 2013. Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Group in accordance with the Australian Charities and Not‐for‐profits Commission Act 2012 "ACNC Act" and the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants "the Code" that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Other Information The directors are responsible for the other information. The other information comprises the Directors Report which was obtained as at the date of our audit report any additional other information included in the Company’s annual report for the year ended 30 June 2017, but does not include the financial report and our auditor’s report thereon. Our opinion on the financial report does not cover the other information and accordingly we do not express any form of assurance conclusion thereon. In connection with our audit of the financial report, our responsibility is to read the other information identified above and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit or otherwise appears to be materially misstated. If, based on the work we have performed, we conclude that there is a material misstatement of this other ‐ 33 ‐ An independent Victorian Partnership ABN 27 975 255 196 Level 19, 15 William Street, Melbourne VIC 3000 Liability limited by a scheme approved under Professional Standards Legislation


LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY INDEPENDENT AUDITOR'S REPORT TO THE MEMBERS OF LAW INSTITUTE OF VICTORIA LTD Other Information (Continued) information, we are required to report that fact. We have nothing to report in this regard. When we read the other information not yet received as identified above, if we conclude that there is a material misstatement therein, we are required to communicate the matter to the directors and use our professional judgment to determine the appropriate action to take. Responsibilities of Management and Those Charged with Governance for the Financial Report Management is responsible for the preparation and fair presentation of the financial report in accordance with the financial reporting requirements of the ACNC Act and for such internal control as management determines is necessary to enable the preparation and fair presentation of a financial report that is free from material misstatement, whether due to fraud or error. In preparing the financial report, management is responsible for assessing the Group’s ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless management either intends to liquidate the Group or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Group’s financial reporting process. Auditor's Responsibilities for the Audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. As part of an audit in accordance with the Australian Auditing Standards, we exercise professional judgement and maintain professional scepticism throughout the audit. We also: 

Identify and assess the risks of material misstatement of the financial report, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.



LAW INSTITUTE OF VICTORIA LTD AND CONTROLLED ENTITY INDEPENDENT AUDITOR'S REPORT TO THE MEMBERS OF LAW INSTITUTE OF VICTORIA LTD Auditor's Responsibilities for the Audit of the Financial Report (Continued) 

Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Group’s internal control.



Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the directors.



Conclude on the appropriateness of the directors’ use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Group’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial report or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Group to cease to continue as a going concern.



Evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.

We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

K L BYRNE

PITCHER PARTNERS

Partner

Melbourne

Date 27th September 2017



Financial Report

60

Law Institute of Victoria 470 Bourke Street Melbourne VIC 3000, GPO Box 263, Melbourne VIC 3001, DX 350 Melbourne T: 03 9607 9311 F: 03 9602 5270 W: www.liv.asn.au Authorised and published by the Law Institute of Victoria, October 2016 ©2016 The Law Institute of Victoria Ltd. ABN 32 075 475 731 The Law Institute of Victoria (LIV) has used its best endeavours to ensure that material contained in this publication was correct at the time of printing. The LIV gives no warranty and accepts no responsibility for the accuracy or completeness of information and the LIV reserves the right to make changes without notice at any time in its absolute discretion. ANNUAL REPORT 2017 LAW INSTITUTE OF VICTORIA