17 March 2025

 

In this edition: 

• Commissioner’s message  
• Lawyer Census 2025 – there’s still time to have your say 
• Case study: safeguarding consumers through disciplinary action  
• Receiving trust money without authority?  
• Important reminders for the profession 
  • Renewing your practising certificate  
  • End of CPD year  
  • End of trust year  
• New exhibition explores the intersection of Indigenous incarceration, art and culture  
• Will you join Yoorrook Justice Commission in the Walk for Truth?  
• Other news updates  

Commissioner’s message 

It was my pleasure to welcome the new legal year by connecting with lawyers from the Gippsland region at the first-ever Morwell Legal Laneway Breakfast, hosted by Victoria Law Foundation. I spoke about how lawyers staying safe and well is central to being an effective lawyer and having a thriving career. Although working in the law can be very rewarding, there’s no doubt it can also be stressful. 

As the legal regulator, we are committed to supporting lawyer wellbeing, which is why we’re working with our legal sector partners to drive positive change at a systems level. The Lawyer Wellbeing Theory of Change is a key initiative we are leading in this area. This project will create a shared understanding of where, how and why change should happen within our legal system. We look forward to sharing the theory of change with you soon, as well as practical resources for lawyers to help us all collectively improve lawyer wellbeing.  

We’re also excited to have launched our first ever Lawyer Census under the direction of leading international expert in access to justice research, Professor Nigel Balmer. If you haven’t yet completed the census, I encourage you to take part. Conducted by our independent research team, the rich insights gained through this anonymous survey will help inform guidance and resources that are responsive to your needs. 

We were delighted to welcome Sam Hay KC as the new Chair of the Victorian Legal Services Board in January. Sam has been a member of our Board since May 2023 and a barrister for over 20 years. His deep knowledge and wealth of experience will provide sound guidance to our Board in regulating and supporting the profession. We also congratulate the Hon. Sonya Kilkenny on her appointment as Victoria’s new Attorney-General, and welcome Justice Richard Niall, who has taken up his role as our new Chief Justice of the Supreme Court of Victoria. Sam and I have recently met with both Chief Justice Niall and Attorney-General Kilkenny, both of whom were interested in the work we do to promote access to justice, ethical and professional legal practice and consumer protection.  

With the practising certificate renewal period opening on 24 March, you will be hearing more from us over the coming months. See our reference guide below to get started, and keep an eye out for further updates on the steps you need to take before June 30. 

Fiona McLeay 
Board CEO and Commissioner 

Lawyer Census 2025 – there’s still time to have your say  

Each year, the VLSB+C conducts surveys to hear Victorian lawyers’ perspectives on systemic issues affecting the profession, as an optional part of the annual practising certificate renewal process.   

This year the VLSB+C’s independent research team is conducting the Lawyer Census 2025. We encourage all lawyers to make their voices heard by taking part.   

We want to hear your experiences and opinions on key issues currently affecting Victoria’s legal profession – from AI, wellbeing and lawyer competency through to uncivil behaviours, sexual harassment and how you see yourself as a lawyer.  

The data will be kept strictly confidential and anonymous, and won’t be linked to, or cross-referenced with, any other information held by the VLSB+C (including regulatory data and practising certificate renewal applications).  

Why take part? Your insights will help inform policies and resources to better support you, with the aim of improving your experience as a lawyer.  

The census will take about 10–15 minutes to complete. You can choose to only answer the questions you feel comfortable answering, and you can opt out at any time.  The survey opened on 20 February and already more than 1,600 lawyers have taken part. 

If you have questions or are having difficulty accessing the census, contact the research team directly on (03) 7039 8460 or at research@lsbc.vic.gov.au.  

The census will close at midnight, Sunday 23 March.   

Complete the census now 

Case study: safeguarding consumers through disciplinary action 

As a risk-based regulator, we are focused on identifying lawyer behaviour that poses the greatest risk to consumers and the reputation of the legal profession, and prioritising our resources to mitigate that risk. An example is the case of Elisa Berry.  

Nine clients and two lawyers had made complaints to our office about a wide-ranging series of dishonest behaviours Ms Berry engaged in while practising law. Through our complaint investigations, we identified very serious conduct including:  

• forging court orders, including temporary intervention orders falsely claiming that her client had protections from the risk of violence, as well as forging a divorce order and parenting orders 
• forging signatures, including on an affidavit for a divorce application and on a minute of proposed financial settlement orders 
• taking client money from trust accounts without permission 
• using property settlement platform PEXA to move money without being detected 
• consenting to steps without client instructions, including to the lodgement of caveats and to intervention orders being made 
• informing clients she had completed work that was never done. 

In 2022 the Board suspended and later cancelled Ms Berry’s practising certificate. In 2024 the Board applied to the Supreme Court of Victoria to have Ms Berry struck off.  

Ms Berry consented to our application, and agreed to a statement of facts with the Board. On 28 November 2024, the Court made an order to remove Ms Berry from the roll of legal practitioners because Ms Berry was not a fit and proper person to be a lawyer, and was likely to remain so for the indefinite future. In Justice O’Meara’s decision, His Honour said that Ms Berry had ‘seriously abused and betrayed the public trust reposed in her’. 

At the heart of what it means to be a lawyer is to be honest, avoid compromise to one’s integrity and act in a client’s best interests.

Learn more in our Risk Outlook 

Receiving trust money without authority?  

We’ve seen an alarming increase in the number of law practices that are receiving trust money without trust authority or a trust account. This follows the mishandling of trust money being spotlighted as a key risk for the profession in our Risk Outlook. 

These breaches could have happened because the lawyers involved weren’t aware of what constitutes trust money, or they may have chosen to disregard the strict regulations that apply. This conduct can cause significant harm to consumers, and result in the VLSB+C taking disciplinary action. 

So, what is trust money? 

• If you’re asking clients to pay fees up front before providing legal services – even if you’ve issued an invoice 
• If you’re holding any money on behalf of a client 
• If you’re directing or controlling client money relating to property settlements, including via PEXA – for more information, see our eConveyancing guidelines and FAQs 

A law practice must not receive, direct or control trust money unless a principal holds a practising certificate authorising them to do so. For them to hold a practising certificate with trust, they must satisfy us, as the legal regulator, that they have the required skills and expertise to handle trust money competently, diligently and honestly.   

Steps to take where there might be an issue: 

• If you think you may have received trust money without authority, you should take steps to return the funds immediately and advise us via our lawyer enquiry form.   
• If you think another lawyer has handled trust money without proper authority, also advise us via our lawyer enquiry form. 

If an irregularity happens in a trust account, no matter the value, it’s important that you let us know as soon as possible via our trust account irregularity form. 

Learn more  

Renewing your practising certificate  

If you want to continue practising from 1 July 2025, you’ll need to apply to renew your certificate before then. LSB Online will open for renewals on Monday 24 March 2025, and we will be in touch throughout the renewal period with guidance and support.  

Need help? See our reference guide below to get started: 

Changed your contact details?	Log into LSB Online now to update your details, including your email and place of work. If you need help, see our LSB Online resources.
New lawyer?	If you have recently received your first practising certificate, you’ll still need to apply to renew it in LSB Online by 30 June.
Completed your supervised legal practice (SLP) period?	To remove an SLP condition from your practising certificate, make a separate application via our lawyer enquiry form so it doesn’t hold up your renewal application.
Stepping away from the profession?	If you’re retiring, going on extended leave or otherwise won’t need a practising certificate from 30 June, complete the ‘Not Renewing’ form through LSB Online.
Closing your law practice?	Find out what you need to do before closing your law practice.
Thought of a contingency plan?	If you are a sole practitioner or legal director, it’s a good idea to have a contingency plan for your law practice. You can submit your plan when applying to renew your practising certificate.
Any other questions?	See our LSB Online resources and frequently asked questions. If you’re still having trouble, you can get in touch with us directly via our lawyer enquiry form or by calling (03) 9679 8001.

 

End of CPD year  

Reminder: You need to have completed 10 units of Continuing Professional Development (CPD) or pro-rata by 31 March 2025. 

When choosing CPD, make sure it’s meaningful and relevant to your area of practice. Think about the gaps in your knowledge and skills, and current or emerging risks and challenges, such as technological developments or changes to the law. 

It’s important to know that if you’re audited, you may be asked to explain how the CPD you’ve done has helped your professional development. 

Find out more about what to look for in your CPD, how many pro-rata units you need if you didn’t work a full year and whether you can apply for an exemption. 

End of trust year 

Reminder: The trust year also ends on 31 March 2025   

All lawyers who held a practising certificate with trust authorisation for any period of time between April 2024 and March 2025 must complete the Part A form.  

All law practices and barristers’ clerks who operate trust accounts are required to have their trust records examined. Now is the time to:  

• contact your External Examiner   
• make sure that your trust account records – including reconciliations – are up to date  
• arrange for your law practice’s annual trust account examination.  

We require External Examiners to report on all issues they identify in trust account records, regardless of the underlying reasons or causes for any breaches. For more guidance, access our policy and External Examiner’s checklist.  

Key dates  

• 2 April 2025 – LSB Online opens for submission of Part A and Part B forms  
• 30 April 2025 – Part A and Part B forms are due  
• 31 May 2025 – External Examiner reports are due  

New exhibition explores the intersection of Indigenous incarceration, art and culture  

Until now, there has never been an exhibition in a major Australian arts institution that explores the intersection of Indigenous incarceration, art and culture.  

We’re proud to be a principal sponsor for a groundbreaking exhibition at the Heide Museum of Modern Art that calls attention to the pressing issue of Indigenous incarceration in Australia, and the unacceptable crisis of deaths in custody.  

Blak In-Justice: Incarceration and Resilience will be guest curated by Kent Morris, Creative Director at The Torch. It will feature powerful works by leading First Nations artists such as Vernon Ah Kee, Gordon Bennett, Destiny Deacon, Tony Albert and Judy Watson. Their artwork will be shown alongside the creative achievements of former and current prison inmates such as Jimmy Pike and Kevin Gilbert, and many who have connected with their culture and Country through The Torch program – including Thelma Beeton, Stacey Edwards, Robby Wirramanda and Sean Miller, among others.   

We’re also a proud funder of a number of projects delivered by The Torch, which has been working since 2011 to provide pathways out of the legal system through cultural and artistic practice. 

Through the VLSB+C’s sponsorship program, we support events, conferences, awards and programs that improve access to justice, improve legal practice and ethics, and protect and empower consumers. 

Blak In-Justice: Incarceration and Resilience will run from 5 April to 20 July 2025.  

Learn more  

Will you join Yoorrook Justice Commission in the Walk for Truth?  

The Yoorrook Justice Commission is inviting Victorians to join them during May and June in the Walk for Truth, and we encourage the profession to take part. People from all walks of life will come together to build a shared understanding, have meaningful conversations, share stories and explore the importance of truth telling in Victoria. 

The walk will begin where colonisation began in our state – on Gunditjmara Country in Portland – and will conclude at the Victorian Parliament on Wurundjeri Woi-Wurrung Country. 

Kerrupmara Gunditjmara man and Yoorrook Justice Commission Deputy Chair Travis Lovett will walk 370 kilometres, building awareness of Yoorrook’s final reports. The 2025 reports will include an Official Public Record, and a call for Victorians to acknowledge the past and walk towards a shared and equitable future.   

Next steps?  

• Register your interest in joining or supporting the Walk for Truth – by registering, you will receive updates and shareable content 
• See The True Path Forward to listen and learn from the powerful truths Yoorrook has heard in evidence 
• Learn more about Yoorrook’s important truth-telling work and access their reports 

Law Institute of Victoria 

AI Hub 

The Law Institute of Victoria (LIV) has launched a new Artificial Intelligence Hub that gives lawyers access to essential resources, best-practice guidance and links to the information that you need to know about using generative and non-generative AI in legal practice – access the Hub. 

Contribute to LIV Research on the Costs of Running a Legal Practice 

The LIV is conducting an anonymous survey to understand the increasing costs pressures on running a small to medium-sized law practice. This research will enable the LIV to better advocate for you on issues such as the overall sustainability of the legal sector – complete the survey by 28 March 2025.   

Victorian Bar 

2025 New Barristers’ Conference 

The Victorian Bar’s 2025 New Barristers’ Conference opened with a warm address from the Honourable Chief Justice Richard Niall of the Supreme Court of Victoria, who emphasised the importance of seizing opportunities, constantly learning and observing others, and the value of building solid relationships – inside and outside of work.  

Board CEO and Commissioner Fiona McLeay took part in a thought-provoking panel discussion on the ethical challenges and opportunities that AI presents, which was one of the most talked-about sessions long after the conference ended – learn more.  

Victoria Law Foundation 

Victorian Law Week 

If you haven't yet registered your Victorian Law Week 2025 event, Victoria Law Foundation (VLF) would love to have you on board. Check out their event criteria and toolkit guide to help you create a meaningful event to engage Victorians about the law. The program will go live 7 April 2025 – register now. 

International Access to Justice Forum 2025 

VLF is proud to be supporting another Victorian cohort to present at the International Access to Justice Forum 2025, which will be held in New York from 26–27 September. The forum will bring together a diverse group of experts to explore access to justice. Registrations are now open and submissions for papers close 15 April 2025.  

Legal Practitioners’ Liability Committee 

Practice Health Check 

Legal Practitioners’ Liability Committee’s (LPLC) Practice Health Check is a free, online 10-minute survey that helps lawyers identify key areas to address with the aim of improving the quality of their legal practice. The tool takes you through a series of questions to provide you with a practical guide for what to implement at your law practice, and the resources to help do it – access the tool. 

Guide to property taxes  

There’s been a lot happening in property taxes, and the LPLC’s Victorian property taxes guide is here to help you get across what you need to know. The guide gives an overview of some common property taxes, outlines the risks the LPLC has identified in recent claims, and gives you access to more information – access the guide. 

Law Library Victoria 

Strategic planning – have your say  

The Law Library Victoria’s strategic plan is ready for an update, with the new plan scheduled for release later this year. By engaging with members of the legal profession, the Library is gathering valuable insights and ideas on how they can improve. 

They’d love to hear your thinking on the future of the Library – share your ideas.