Commissioner’s message
With the new financial year underway, it is a good time to reflect on work undertaken over the past 12 months and the priorities that will continue to shape our work in the year ahead. A focus for us this year has been the areas in our Risk Outlook 2026. It highlights the key risks which we see facing the legal profession and informs the guidance and support we provide to help lawyers navigate these risks. I encourage you to follow us on LinkedIn and Instagram, where we are exploring these risks and the practical resources we’ve developed to support the profession.
I was delighted that more than 30,000 lawyers renewed their practising certificates by the end of June. The profession continues to grow in size and diversity, while evolving in the way it works and serves the community. We are learning more about the profession thanks to the insights lawyers provide through the Lawyer Census, conducted by the Legal Services Research Centre. Your contribution is helping us build a deeper understanding of the profession and the challenges and opportunities it faces.
Thank you to the more than 90% of practitioners with trust accounts who submitted their trust records by the deadline. Our office worked closely with many of you throughout the process, providing guidance and support to help achieve this excellent result.
It has been a year since we celebrated the launch of the Legal Services Research Centre, a significant milestone in our goal to help shape the future of justice through independent research. Its recent report on wellbeing in the legal profession found that workplace conditions and culture play a critical role in lawyer wellbeing and highlighted areas where organisations can take practical action. To support this, we have developed Wellbeing Guidelines for Legal Workplaces and guidance on reflective practice.
This edition includes information on changes that recently came into effect on the use of non-disclosure agreements in workplace sexual harassment matters. Updated guidance is available on our website. Victorian lawyers who draft, negotiate, or advise on non-disclosure agreements must familiarise themselves with the new Act now to ensure they are compliant. Failure to abide by the new requirements could see lawyers face disciplinary action.
While most lawyers continue to do the right thing, this edition includes two case studies where we have had to take action against lawyers for breaching their professional obligations. These cases serve as salient reminders of the duty you hold to meet your professional and ethical obligations, and of our role in identifying lawyer behaviour that poses the greatest risk to consumers.
Finally, I wish to pay tribute to Dr Hugh McDonald who sadly passed away last month. Hugh was the Research Director at the Victoria Law Foundation. He combined intellectual rigour with a deep commitment to fairness and social justice. He was a rare combination of humanity and brilliance.
His research helped decision-makers better understand the barriers people face when seeking legal help and provided an evidence base for meaningful reform. He was generous with his knowledge, thoughtful in his approach, and unwavering in his belief that legal systems should work for everyone. Hugh had many friends and long-time professional collaborators at VLSB+C, and we will miss him greatly.
Our thoughts are with Hugh’s family, friends and colleagues at Victoria Law Foundation and across the legal and research sectors globally. His legacy will continue to influence access to justice research and reform for many years to come.
Fiona McLeay
Board CEO and Commissioner
Fresh insights into lawyer wellbeing
The Legal Services Research Centre’s latest report, Wellbeing in the legal profession: Findings from the 2025 Victorian Lawyer Census, offers fresh insights into the drivers of poor lawyer wellbeing. These include workload, unfair compensation, incivility, sexual harassment and conflicts with professional obligations.
The findings tell us that:
- 53% of lawyers are at risk of burnout, including 25% at very high risk of burnout
- workplace conditions and culture matter and are a key lever for change.
The impact of poor lawyer wellbeing is significant, with psychological distress and burnout both associated with lower life satisfaction and intention to leave the profession.
Poor lawyer wellbeing is a well-known, sector-wide problem, and a strong foundation of work is already underway. Our Wellbeing Guidelines for Legal Workplaces is an important and practical evidence-based tool. We urge principals, law practice leaders and managers to use this to safeguard the wellbeing of lawyers and legal support staff. Our reflective practice guidance and template are other important tools that all lawyers can use to enhance their professional performance and improve their wellbeing.
To help us create new resources for the profession, we have four wellbeing pilots underway, including on the topics of workload, reflective practice and client expectation. If you’re interested in taking part, please email us.
Learn more about our research
Updated guidance on non-disclosure agreements
We’ve updated our guidance for lawyers on the use of non-disclosure agreements (NDAs) in matters relating to workplace sexual harassment, following the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Act 2025 (Vic) taking effect on 1 July 2026.
The Act sets out preconditions that must be met, including:
- the NDA must be initiated by the person who made the complaint about workplace sexual harassment
- the person who made the complaint:
- can’t be influenced or pressured into signing an NDA
- must be given a mandatory information statement and a 21-day review period, during which they can get legal advice.
The Act aims to prevent NDAs from being used as the default approach to settle workplace sexual harassment claims, and to reduce power imbalances in the NDA process.
Addressing sexual harassment in the legal profession remains a focus for us. You can reach out to our specialised Sexual Harassment Complaints Team if you wish to make a complaint. Information can also be provided anonymously.
Our regulatory response to the Gold Migration Lawyers matter
Following reports that clients of Gold Migration Lawyers were informed on 29 May 2026 that the law practice would cease operating, we acted quickly to protect consumers' interests.
The Victorian Legal Services Board appointed Louise Gehrig of Piper Alderman as an independent manager to that law practice, which is now in liquidation.
Since her appointment, Ms Gehrig’s focus has been on assessing client files, and prioritising those that have the most immediate needs.
Over the last two months, her team has been contacting clients who have been affected, and guiding them through the appropriate next steps for their legal matters.
By promptly appointing Ms Gehrig to take control of Gold Migration Lawyers, we're exercising our powers as the regulator to safeguard clients' funds and their ongoing legal matters from harm.
Case study: appointment of a ‘dummy director’
In our Risk Outlook 2026, we discussed risks for lawyers regarding awareness of clients’ legal capability and vulnerability, and the balance of professional pressures and ethical obligations met by corporate lawyers. A recent decision by VCAT highlighted the intersection of these risks.
A Victorian lawyer operated a law practice and provided legal services in commercial law as well as in wills and estates. The lawyer facilitated the appointment of their client in an unrelated estate matter as a ‘dummy director’ to two companies that owed substantial debts to the Australian Taxation Office.
The client had no commercial experience or knowledge of the two companies’ financial position. Soon after these appointments, both companies went into liquidation.
VCAT held that the lawyer wasn’t a fit and proper person to engage in legal practice. They were ordered to pay $7,500 in fines and complete an additional eight units of CPD, and their practising certificate was suspended for six months (wholly suspended for 12 months).
Corporate lawyers can face pressure to act in a way that enhances their employer’s commercial and financial interests, and this matter highlights the ethical obligations they need to consider while navigating the tension between being a lawyer and an employee.
We encourage lawyers working in corporate law to read our statement of core expectations for corporate lawyers, and learn more in our Risk Outlook 2026.
Case study: misconduct arising from a car accident claim
We successfully prosecuted a Victorian lawyer for professional misconduct arising from the handling of a car accident claim, highlighting several risks identified in the Risk Outlook 2026.
The lawyer pleaded guilty in VCAT to multiple charges of professional misconduct relating to litigation in his client’s name following a claim for hire car costs.
The misconduct included:
- acting without proper, informed instructions
- failing to follow the client’s direction to withdraw proceedings
- acting in circumstances involving a conflict of interest with a third-party provider
- failing to properly supervise a junior lawyer and ensure appropriate professional standards.
VCAT imposed a disciplinary outcome that included a four-and-a-half-month suspension from legal practice commencing 1 July 2026, a period of restricted practice on return, a reprimand and an order to pay our legal costs.
We urge lawyers acting in motor vehicle matters to review our guidance, which sets out our minimum expectations and practices that we consider to be unacceptable.
Guidance on acting ethically in motor accident vehicle claims
Transfer of wills to the Probate Office
We’ve agreed with the Supreme Court of Victoria to transfer all wills currently held by VLSB+C to the Probate Office.
Historically, we retained wills where we were unable to return them to the person, or the lawyer, who originally held them.
We are now working through a transition process to collate and transfer these wills, which will be carried out over the coming months.
Where a will is deposited because a lawyer has died, ceased practising, or is about to cease practising in Victoria, the Probate Office accepts the will for safekeeping at no charge. Otherwise, a fee is charged.
To deposit a will for safekeeping, submit an application to the Probate Office via RedCrest-Probate.
Take part in our user experience research and testing
We want to improve how we design our digital services for the profession, and your involvement is central to this. Through ongoing user experience research and testing, our Customer Experience team is gaining valuable feedback on our intake forms.
Recent testing has seen participants review “customer journey maps” showing how lawyers engage with us across key moments in their careers, such as when they apply to renew their practising certificate or set up a new law practice. Their feedback has helped identify key pain points and opportunities where we can improve – including where new systems could better support lawyers.
Direct lawyer insights are helping shape features that better support self-service and accessibility and inform when and where we can provide clearer guidance.
By involving lawyers early and often, we can better understand your needs, reduce effort and focus on improvements that matter.
Interested in taking part? Complete the short expression of interest form and we’ll contact you when relevant research and testing opportunities become available.
Treaty exhibition at State Library Victoria
In our last update, we shared with you the launch of our Innovate Reconciliation Action Plan. We marked the occasion on Mabo Day at the State Library Victoria with a moving Welcome to Country from Wurundjeri Elder, Colin Hunter 4th. Through our advocacy, leadership and engagement with the profession, we aim to be a role model for reconciliation in Victoria, support Treaty and show the nation what is possible when we listen to and work with First Peoples.
After our event, we explored the Victorian Indigenous Research Centre’s Treaty exhibition, which centres on members of Victoria’s First Peoples sharing their views on what treaty means to them. The exhibition remains open until 18 October 2026, and we encourage you to visit.
Other news
Law Council of Australia
Australian Legal Convention 2027
The Law Council of Australia and the Council of Chief Justices of Australia and New Zealand invites you to save the date for the Australian Legal Convention in Canberra, which will be held from 19–21 August 2027. The event will be a forum for having conversations about issues facing the justice system, and forming practical solutions. Learn more about the convention.
Law Institute of Victoria
Anti-Money Laundering and Counter-Terrorism Financing reforms next steps
Unsure whether you should enrol with AUSTRAC? How are the reforms working out with your clients? As the reforms are rolled out, the LIV is providing ongoing advice and resources – including their Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Hub, which provides access to their dedicated AML/CTF helpline. Access the hub.
Victorian Bar
Strengthening advocacy skills in the Pacific
The Victorian Bar recently hosted 15 delegates from the Pacific region as part of the 2026 Train the Trainer program. This unique initiative aims to build advocacy skills that will help participants in their court appearances, and equip them to teach advocacy to junior lawyers and law students in their home countries. Learn more about the initiative.
Student Achievement Awards
Hume City Council’s brightest legal studies students gathered recently for the 2026 Student Achievement Awards, sponsored by the Victorian Bar Foundation. This annual program is designed to encourage and support students who have shown an interest in, and aptitude for, the study of law. Learn more about the awards.
Victoria Law Foundation
International Access to Justice Forum
Join researchers, practitioners, policymakers and justice system leaders from around the world in bridging the gap between empirical research and person-centred justice. The International Access to Justice Forum takes place in Melbourne/Naarm from 28–30 October. Register to attend.
Measure for Measure
Victoria Law Foundation’s recent Measure for Measure research maps justice initiatives across Victoria to identify common elements of success in responding to legal need and capability and what these mean for practice, evaluation and better outcomes. Explore the insights.
Legal Practitioners’ Liability Committee
Webinars on emerging risks
The Legal Practitioners’ Liability Committee (LPLC) regularly hosts webinars aimed to help lawyers stay informed about emerging risks and practical legal developments. These sessions are free to attend, and recordings are available on the LPLC website. Recent webinars include:
- Conveyancing in transition: risk trends and reform in Victoria
- Best practice in wills and estates
- Key legal issues in the sale and purchase of a business
Subscribe to the LPLC
To receive the latest risk management resources, updates and news directly to your inbox, subscribe to the LPLC mailing list.
Victoria Legal Aid
Free legal assistance helps Afghan refugee sisters gain Australian citizenship
Adiba fled Afghanistan in 2021, and after spending 10 days at Dubai Airport, she was flown to Australia where she was granted a humanitarian visa, meaning she could sponsor her mother and siblings. With support from Victoria Legal Aid’s (VLA) Youth Citizenship in the West project, her younger sister Arya has already become an Australian citizen. Read more about Adiba and Arya's story.
Launching Strategy 30
VLA’s new strategic plan, Strategy 30, came into effect on 1 July 2026. The four-year strategy reinforces VLA's commitment to a justice system that’s fair, inclusive and accessible for all, while focusing effort and resources on areas that can make the greatest difference for clients and communities. Learn more about Strategy 30.
Law Library Victoria
Full library access, wherever you practise
Lawyers based in the CBD, suburbs, and regional Victoria have full access to the Digital Library. It’s open 24/7 and includes legal resources, research guides, online CPD and daily legal updates. Register for your free account.
The librarians can help you with your legal research, and travel across the state to provide in-person CPD training to groups. Contact the Library for research help or to book a session.
Sentencing Advisory Council
Sentencing Act review
Work on the Sentencing Advisory Council's review of the Sentencing Act 1991 is now underway, with the project team progressing the initial stages of research, planning and analysis. The aim of this review is to develop recommendations to inform the development of a modern sentencing act. Learn more about the review.
