Law Council of Australia

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2026–27 Pre-Budget Submission

Submission Date: 6 February 2026

The Law Council of Australia provided a submission to the Treasury for consideration in preparing the 2026–27 Budget.

A focus of the Law Council’s submission is investment in initiatives that can assist in improving outcomes for individuals experiencing disadvantage—including older Australians, women and children experiencing family violence and those in places of detention—and support a greater number of people in protecting their rights. In particular, the Law Council’s submission provides a number of recommendations regarding the provision of legal assistance services.

The Law Council acknowledges the current economic challenges faced both domestically and globally at the present time. However, it is in tough economic times, when people may be feeling the pinch of price pressure or housing unavailability, that services such as those provided by the legal assistance sector are most vital and should be prioritised.

As outlined in this submission, urgent action is needed by the Australian Government to ensure the ongoing sustainability of the delivery of legal aid services in Australia. There is a workforce crisis building in the sector as it is becoming impossible for private legal practitioners to run a viable business and do legal aid work. Forcing private lawyers out of the system, despite their demonstrated commitment to legal aid and access to justice, is not just putting the delivery of publicly funded legal assistance at serious risk. It is also risking further reducing the availability of legal support more broadly—particularly in rural, region and remote areas.

A significant majority of the law firms in Australia are sole practices or very small businesses. These firms are vital in providing access to justice in Australia, but are often operating on very small margins. In this submission, the Law Council outlines a number of areas in which investment by the Australian Government in training, guidance and capability building can support the viability of these small businesses. These areas include the thoughtful and secure adoption of artificial intelligence technology, Anti-Money Laundering and Counter Terrorism Financing regime compliance and cyber security risk mitigation and access to cyber insurance.

As outlined in the Law Council’s Call to Parties ahead of the 2025 Federal Election, it is a critical time for the Australian Government to consider how law reform and government investment can best promote the rule of law, ensure the administration of justice, and build trust in public institutions.1 It is vital that the Australian Government invest in the institutions that currently underpin, or could enhance, the achievement of those fundamental ideals. This submission outlines the importance of additional investment in the physical and technological infrastructure of the federal courts and tribunals and sets out a number of opportunities for investment in existing and new agencies (including a Federal Judicial Commission and the proposed Whistleblower Ombudsman).

In this submission, the Law Council also encourages further investment by the Australian Government in demonstrating national leadership on matters critical to marginalised individuals and communities overcoming financial, social and cultural barriers. This includes further investment in preventing and addressing hate crimes and hate speech, the implementation of the National Plan to End Violence Against Women and Children 2022–2032, funding First Nations community-controlled legal services, funding disability support in the justice system, supporting cultural heritage protection, and preventing the mistreatment of people in places of detention.

We thank the Treasury for its engagement and look forward to the outcomes of the 2026–27 Federal Budget.

1 Law Council of Australia, 2025 Federal Election Call to Parties (March 2025) 3.

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Last Updated on 03/03/2026

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