Committee Charter

 

COMMERCIAL & CIVIL LAW COMMITTEE

  1. AREAS OF RESPONSIBILITY

    The Commercial & Civil Law Committee (CCLC) is the committee of the Association which deals with matters involving (collectively commercial matters):

    1. the substantive law concerning individuals, businesses and governments and all other subject matters whatsoever except those which are exclusively family or criminal matters (being the province of the Criminal and Family Law Committees) (common law and statute, State and Commonwealth) (commercial law);
    2. investigations and proceedings except those which are exclusively family or criminal (collectively commercial proceedings);
    3. investigative bodies and investigative powers, duties, and procedures except those which are exclusively family or criminal;
    4. courts and tribunals insofar as they hear commercial proceedings;
    5. the rules of evidence and procedure (commercial rules) except insofar as they relate exclusively to family or criminal proceedings;
    6. costs in commercial proceedings;
    7. law reform bodies.
  2. FUNCTIONS

    The CCLC is responsible for:

    1. pro-actively, and upon referral by the President, reviewing the content of State commercial law and commercial rules;
    2. taking action where desirable to initiate and promote reform of State commercial law and commercial rules;
    3. making submissions to the State Government concerning commercial law changes proposed by the Government and commercial law reform proposed by the Association;
    4. making submissions to the State Government, investigative bodies and/or the courts concerning commercial rules proposed by them and law reform proposed by the Association;
    5. liaising with the State Government, investigative bodies and/or the courts in relation to commercial matters;
    6. monitoring and making submissions concerning scales of costs in commercial proceedings;
    7. promoting the formation of, and administering Association and members’ participation in, a South Australian law reform body;
    8. administering the Associations dealings with law reform bodies in South Australia and (in consultation with the LCA and/or ABA) of the Commonwealth;
    9. liaising with the accident compensation; administrative law; civil litigation; commerce, corporate and tax; human rights; industrial relations; justice access; and planning, environment & local government committees of the Law Society of South Australia;
    10. liaising with the LCA (usually via the President) in relation to:
      1. federal commercial law, commercial rules and commercial proceedings;
      2. uniform commercial law and rules;
      3. commercial matters extending beyond South Australia;
    11. liaising with the Professional Development Committee concerning the provision of education and materials to members of the Association in relation to commercial matters;
    12. reviewing the scope of its activities and of this charter.
  3. CONSULTATION WITH PRESIDENT

    The CCLC consults with the President prior to:

    1. making any proposed submissions to the Government;
    2. making any proposals for law reform;
    3. any proposed dealings with the media.
  4. MEETINGS

    The CCLC meets:

    1. at least tri-monthly on the second last Thursday of February, May, August and November or on such substitute days or more frequently as is determined by the Chair;
    2. on such other occasions convened by the Chair as are desirable to perform its functions;
    3. in person or by telephone conference as is determined by the Chair.

    The quorum for a meeting is 3 members of the CCLC. The procedure at meetings is determined by the Chair.

    The CCLC by its secretary maintains minutes of its meetings and forwards those minutes to the Association’s executive assistant within 7 days of each meeting.

  5. CONSULTATION WITH SUBSTANTIVE LAW COMMITTEES

    The CCLC by its Chair (or nominee) consults with the Chairs of the Family Law Committee and the Criminal Law Committee and the President:

    1. at least every four months on the last Friday of February, May, August and November;
    2. on such other occasions convened by the President as are desirable.
  6. REPORTING

    The CCLC reports:

    1. orally by its Chair (or nominee) to the Bar Council at each meeting of the Bar Council in March, June, September and December;
    2. in writing annually to the AGM.
  7. WORKING GROUPS

    The CCLC may form one or more working groups dedicated to specific aspects of its functions or specific projects.

    A working group comprises at least one person who is a member of the CCLC and such other members of the Association as the CCLC appoints.

  8. MEMBERSHIP

    The membership of the CCLC comprises:

    1. the Chair;
    2. the Secretary;
    3. between 4 – 8 other members.

    The Bar Council may from time to time appoint or remove a person as a member of the CCLC.