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Marcus, Shaun --- "President's Page: Tba" [2023] PrecedentAULA 38; (2023) 177 Precedent 3


Proud to advocate

By Shaun Marcus

We are just months away from likely the most important referendum we will face in our lifetimes.

The ALA is committed to the Uluru Statement from the Heart, starting with enshrining a First Nations Voice to Parliament in Australia’s Constitution. The ALA is also proud to be part of Allies for Uluru, a coalition of 200+ organisations joining together to support and advocate for the Voice.

We, as lawyers, have the opportunity to discuss with friends, family and community the importance of providing a Voice to Parliament for First Nations peoples. The ALA will continue to provide our members with information and resources; please read our member briefings and use this information to have fact-based discussions with your community. It is vital to our Nation that the Voice referendum succeeds.

As a long-term member and now National President, I have never been prouder to be a member of the ALA, given the substantial advocacy work undertaken by our members and policy team, including –

• reducing the delays our clients suffer due to Centrelink and Medicare clearances;

• improving dispute resolution processes under the National Disability Insurance Scheme;

• continuing to advocate for a Federal Human Rights Framework and Human Rights Act;

• supporting the introduction of the National Anti-Corruption Commission, which commenced on 1 July 2023, along with ongoing advocacy for a Federal Judicial Commission; and

• advocating for substantial improvements under the reformed Administrative Affairs Tribunal, which will commence in the near future.

The work being performed by our State Presidents and Branch Committees has also been substantial. There are many important issues and we must always be ready for new challenges and opportunities.

This edition of Precedent deals with a fascinating area of law: defamation may not often be part of our day-to-day legal work but is a highly publicised area of law when significant litigation takes place. Only recently in Roberts-Smith v Fairfax Media Publications Pty Limited (No 41)[1] we saw the efficacy of defamation laws in protecting and promoting public interest journalism. The work done by lawyers in this area to protect the rights of individuals closely aligns with the values of the ALA. I hope that you find the articles in this edition of Precedent interesting and motivating in respect of clients you act for in your day-to-day practices.

I thank my predecessor, Genevieve Henderson, for her commitment and the leadership she offered in her year as National President of our organisation. I look forward to your ongoing support, Genevieve, and thank you for your ongoing advocacy, particularly in relation to enshrining a First Nations Voice to Parliament.

I congratulate Michelle James, Maurice Blackburn, on being appointed President-Elect of the ALA for 2023/2024.

I also look forward to seeing and meeting as many members as possible over the coming year. Please reach out to me about any issues, or with ideas or support you can offer. When our National Conference takes place in October 2023, we’ll return to Queensland for a wonderful opportunity to network.

Finally, I ask that all our members play a role in ensuring the success of the Yes campaign to enshrine a First Nations Voice to Parliament. Put signage on your home, buy a scarf and be proud to advocate for the Yes vote. We have a unique opportunity as members of the ALA to listen, understand and discuss the need to embrace the Uluru Statement from the Heart, and do what we can to ensure that the Voice referendum succeeds.

I thank all our members for the work you do every day protecting and promoting the interests of individuals across Australia.

Shaun Marcus is a Partner at Arnold Dallas McPherson Lawyers. PHONE 03 9670 9066 EMAIL Shaun@ardmc.com.au.


[1] [2023] FCA 555.


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