One of the roles of a legal association is to be defender of the integrity of the independence of judicial officers and the courts. This is fundamental to a democratic civil society.

This is why it’s important that the Law Society of NSW expresses its support, on behalf of the state’s 34,000 solicitors, for the Chief Judge of the Land and Environment Court, the Honourable Chief Judge Brian Preston SC. Like many members of the legal profession, I am extremely concerned by recent claims in the media of “judicial overreach” in relation to a recent and extensive judgment by his Honour.

As the NSW Attorney-General, Mark Speakman SC, rightly pointed out, if there was any concern about judicial bias in any matter before the courts, it was open to the parties to raise that and to ask the judge to recuse himself.

Like many others who have also voiced their concern, we see claims of ‘judicial overreach’ as an attack on both the integrity and character of the Chief Judge and an attack on the independence of the judiciary. His Honour’s remarkable and long career as a judicial officer of the court, notably within the land and environment jurisdiction, has been characterised by his commitment, skill and integrity.

This past week has also seen private practitioners who undertake legally aided work being unfairly criticised after the release of research undertaken by the Bureau of Crime Statistics and Research (BOCSAR) for Legal Aid NSW. Unfortunately, this research does not tell the full story and draws an unnecessary distinction between in-house solicitors and private practitioners who are undertaking legally aided work. The real issue is the fact that legal aid in NSW is vastly under-resourced, and this is impacting on some of the most vulnerable people in the community.

The caseload for legal assistance in NSW is such that, for many years, NSW Legal Aid has relied heavily on private practitioners to serve the client base. It’s the private solicitors who are often working additional unpaid legal aid hours (especially in those regional areas without a Legal Aid office) that have kept the system going for so long. This is no longer sustainable and the system is breaking down.

I commend the work of all practitioners, private and in-house, who are working in a legal aid system that is underfunded and close to crisis. Their work is greatly valued. The Law Society remains undeterred in its efforts to call on the NSW Government to provide substantial funding increases for legal aid as outlined in our State Election Platform. Unless this increased funding is provided, the many issues that beset the legal assistance system, and those who work in it, will remain.

Elizabeth Espinosa, Law Society President

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