NSW’s top judge ups the ante in battle over legal training

NSW’s top judge has fired a fresh round in a row over legal training by writing to thousands of lawyers raising concerns about the “considerable cost” and kicking off a reform campaign.

Chief Justice Andrew Bell sent ripples through the profession last week when he delivered a speech taking aim at the College of Law, a not-for-profit body providing practical legal training (PLT) to aspiring lawyers nationwide, and expressing “profound concern” over “extremely high fees”.

Chief Justice Andrew Bell, pictured in 2023, has raised concerns about the high cost of practical legal training.Credit: Louie Douvis, Matt Davidson

The imbroglio over legal training comes at a time of instability for the college as its long-serving chief executive Neville Carter prepares to retire in the first half of the year after almost 30 years.

On Tuesday, Bell wrote to “every solicitor member of the Law Society of NSW and barrister admitted in the last 10 years with an important request” to complete a survey to inform a statewide review of PLT.

The survey was sent to each of the Law Society’s 32,000 solicitor members, but Bell said it is aimed at a smaller cohort of lawyers admitted in the past decade, as well as those “who have supervised or are responsible for the work of law graduates or early career lawyers”.

The survey was sent to a further 232 barristers.

The College of Law is the country’s largest provider of PLT to law graduates. The training, which starts after a budding lawyer completes their degree, is a prerequisite to practising law. It takes 15 weeks full-time, and there is a separate work experience component.

Some universities, including the University of NSW and the University of Technology Sydney, also provide PLT.

Bell expressed alarm in his speech that PLT fees last year “were between $11,000 and $12,000 … to obtain the graduate diploma [of legal practice], which is, of course, a prerequisite for admission to practice”. He said the fees “may well present a significant barrier to entry”.

Bell examined the College of Law’s financial statements and expressed “surprise, to put the matter mildly” in his speech that the not-for-profit “has been generating an average ‘surplus’ of almost $16 million per annum over the past decade and accumulated ‘retained earnings’ of just under $180 million”.

“Although the College of Law, at my urging, late last year announced a reduction in course fees [to $9200 this year], I remain concerned about the very considerable cost that is charged for PLT by various providers,” Bell said in his letter.

“This amount has grown significantly over the last decade.”

The object of the survey, conducted by independent research agency Urbis at the request of the Legal Profession Admission Board (LPAB), is to “gather data to inform possible reforms or improvements to the way in which PLT is provided and the cost of PLT”, Bell said.

“We are also keen to gauge the views of the profession as to the mode of delivery of PLT, and the way practical skills are examined and assessed.”

Court of Appeal Justice Tony Payne chairs the LPAB as the chief justice’s representative, and Bell said Payne shared his concerns. The board considers the eligibility and suitability of people seeking to be admitted as lawyers.

While Bell did not make this observation, the College of Law Limited’s financial statements indicate total compensation for “key management personnel” in 2024 was $2.01 million. However, it did not identify how many personnel shared in this compensation.

In response to questions from The Sydney Morning Herald, the college said its financial statements were “prepared in accordance with ASIC regulations” and it “won’t be providing additional details regarding individual salaries”.

As to the survey, the college said it “values input from all stakeholders and regularly conducts surveys and interviews with students and staff to gather feedback”.

“This helps us continuously refine our PLT program to meet the evolving needs of the profession. We’re open to reviewing the chief justice’s survey results and working collaboratively with the chief justice and other stakeholders to ensure the best outcomes for the profession.”

Carter’s retirement as CEO of the College of Law group was announced to staff in December. It was “long planned and is separate from the current discussions”, the college said.

Law Society of NSW President Jennifer Ball said the society recognised “the importance of effective and affordable practical legal training … to ensure graduate lawyers enter the profession ‘practice ready’” and it “looks forward to learning the results of the PLT survey” conducted by the LPAB.

She has identified the need for high-quality career support and guidance to lawyers as a priority in her 2025 term.

“We will continue to seek input from the profession on how to best equip early career lawyers with the sorts of skills like critical thinking and the legal knowledge they need to thrive,” she said.

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