In September 2018, following approval by the Legal Services Council, the Australian Bar Association released for consultation, proposed changes to r 101(n) of the Legal Profession Uniform Conduct (Barristers) Rules 2015 on briefs which must be refused or returned. The proposed new rule, r 101A, provides that while the prohibition period for judges from appearing in the court they previously served should be preserved at 5 years, tribunal members, with limited tenure should be treated differently and be prohibited from appearance as barristers in their tribunal division or list for only 2 years. The proposed rule also states that the new rule will not apply to a barrister who was appointed a judge or other judicial officer before the commencement of the Barristers’ Conduct Rules on 1 July 2015.
The ABA is the peak body representing nearly 6,000 barristers throughout Australia which developed the ABA Model Rules for all barristers in Australia. The LSC made the rules developed by the ABA as the Uniform Barristers’ Conduct Rules in Victoria and NSW. The development of these rules follows the process set in s 427(5) of the Uniform Law.
The draft rule is available on the ABA website. Submissions to the ABA closed on 13 October 2018. Please visit the ABA website for more information.