‘A more holistic understanding’ – joining the Business Law Committee

When did you join a Law Society policy committee and what was your motivation for doing so?

I joined the Law Society’s Business Law Committee in January 2020. The Business Law Committee is one of the policy committees supporting the Law Society and plays a vital role in assessing law reform proposals and engaging in consultations. The opportunity to contribute to this important work was a key reason I joined the Business Law Committee.

What do you enjoy the most about being involved with the committee?

Committee members typically contribute to submissions that will ultimately be considered by government, law reform agencies or the Law Council of Australia which may ultimately shape the laws of tomorrow.  In preparing submissions, all committees are ably supported by a Policy Lawyer from the Law Society who is assigned to assist a committee with drafting submissions with committee members’ input and conducting research. The support of the Law Society’s Policy Lawyers is invaluable. In preparing submissions, committee members will also engage with their fellow committee members to consider issues relevant to the particular submission. As committee members come from diverse backgrounds and bring equally diverse perspectives, this process of discussing issues and perspectives in drafting a submission is a thoroughly enjoyable one. Invariably new relationships with colleagues are formed in this process, which has certainly been a highlight.

Is there a highlight (be it a submission or piece of advocacy) from your time on the committee?

As a committee member, I have been privileged to be involved in a range of consultations and law reform submissions to the New South Wales and Commonwealth Governments. The opportunity to advocate for changes to current or proposed laws to ensure the rule of law, good governance and transparency are forefront, has certainly been a highlight. More specifically, a particular highlight was participating in consultations with the Commonwealth Treasury in respect of various reforms to Australia’s foreign investment framework. This consultation included examining opportunities to harmonise divergences between the Foreign Acquisitions and Takeovers Act, Corporations Act and the Income Tax Assessment Acts.

Separately, as a consequence of my involvement with the Business Law Committee, the Law Society requested I be appointed to ASIC’s NSW Regional Liaison Committee, an external consultation body of ASIC which meets quarterly with ASIC Commissioners, the Deputy Chair or the Chair of ASIC. Engaging with ASIC on behalf of the Law Society has fostered a deep level of engagement with ASIC, ensuring appropriate issues of concern to the profession and our clients are brought to ASIC’s attention.

How do you balance the workload of the committee with your other professional responsibilities?

While the workload for a committee member will fluctuate, in the years I have been a committee member I have found the workload to be entirely manageable with my other professional responsibilities.  Committees will generally meet once a month (or more frequently for the Regulatory Committees). Beyond attending the meetings, the workload of a committee meetings can be managed around a busy practice. The Law Society’s Committee Handbook provides that a committee member’s responsibility includes that they are in “…position to devote approximately one day per month to the work of each of their committees”. I’m fortunate that my employer is particularly supportive of my involvement with the Law Society and have found that much of the work of the committee is complementary to my practice. Because of this complementarity, there are real benefits in joining a committee of the Law Society.

What would be your advice for someone considering joining a committee?

If you are considering joining a committee, the responsibilities and obligations of committee members are outlined in the Law Society’s Committee Handbook. Reviewing the Committee Handbook to understand the expectations of committee members is a good first step. To get a sense of the work of the relevant committee you may be considering joining, some prior submissions of the Policy Committees are available from the Law Society’s website. Reviewing these submissions will assist in understanding the nature of the work of a committee. Finally, if you are interested in contributing to the profession through assisting the Law Society in the important work undertaken at a committee level, then I would highly recommend nominating yourself to join a committee.

How has your involvement with the committee enhanced your daily legal practice?

Many of the regulatory issues relevant to my clients are regularly considered by the Business Law Committee. The monthly committee meetings are also a great opportunity to exchange observations as to how certain regulators are addressing particular issues or understand issues other practitioners are observing in their practice. These interactions are immensely valuable in having a more holistic understanding of the market beyond what is coming across one’s desk on a daily basis.