This session will look at what is necessary, in an electronic age, to constitute an informal will, and considers what constitutes a “document”. Presenter Anthea Kennedy will also consider the importance of the deceased’s intentions when considering an informal document, the role of computer experts in cases when determining the existence of a will, and the part played by interim and stop gap wills.  In examining these issues, the session will focus on relevant legislation and recent Court decisions.

 This session was recorded during the Specialist Accreditation Conference 2023.

The most significant new developments in insolvency law have been the small business restructuring process under Part 5.3B of the Corporations Act 2001 (Cth) and the Federal Parliamentary Joint Committee Inquiry into Corporate Insolvency. This session will examine the results and take-up of the new small business restructuring process, as well as the Inquiry’s recommendations. Presenter Ben Sewell, who was called as a witness for the Inquiry, will discuss the findings in the committee’s report, which aimed to consider the “effectiveness” of the entire system of corporate insolvency in Australia.

This session was recorded during the Specialist Accreditation Conference 2023.

In this session, Raoul Wilson SC will consider both inter vivos and testamentary trusts from a probate litigator’s perspective. The session will cover estate objectives, administration considerations and the susceptibility of inter vivos and testamentary trusts to attack in probate and equity cases.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Wills and Estates

In this session, Monique Robb provides a recap on how relocation matters are determined as well as a review of international relocation cases since March 2020. This presentation discusses the key takeaways from these relocation cases and delves into various Hague decisions made since March 2020. Furthermore, this session considers the implications for Hague Convention applications. 

WARNING: DISTRESSING CONTENT 

This session will address the emergence of sustainable finance in the recent years and will cover the developing key principles of green loans and sustainably linked loans in Australia. You will also be provided with some practical considerations for documenting green loans/sustainably linked loans into facility agreements.

Practitioners should inform themselves of Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 which sets out the requirements for the four (4) mandatory CPD areas for NSW legal practitioners – (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law. It is the responsibility of each legal practitioner to self-assess as to whether a particular educational activity extends their knowledge and skills in areas that are relevant to their practice needs or professional development. If so, then the practitioner may claim one (1) "unit” for each hour of attendance, refreshment breaks not included. 

This session will involve case reviews of recent judgments from the Supreme Court of New South Wales and the NSW Court of Appeal in applications for Judicial Review of decisions, including: Members’ decisions in damages assessments and miscellaneous claims assessment disputes; Merit Reviewers’ decisions in statutory benefits disputes; and decisions of Medical Assessors, Review Panels, and the President’s Delegates. 

This session was recorded as part of the Specialist Accreditation Conference 2024.

WARNING: DISTRESSING CONTENT

Join us for a comprehensive look at pivotal cases which have helped shape the legal landscape for government lawyers over the past year.

This session was recorded as part of the Government Solicitors stream at the Annual Conference 2024.

Christine Lithgow, Principal, Christine Lithgow & Associates

Keith Redenbach, Principal Solicitor, Redenbach Legal

Join presenter Catherine Hallgath for a presentation covering the latest developments in leasing. Through an examination of recent cases, this session will ensure specialists are informed about the complexities that can arise in the course of leasing negotiations and agreements.

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

This session was recorded on 19 March 2024 as part of the Property law: One day intensive - live webinar.

Litigating with abandon: the obstacles to obtaining a declaration that an easement has been abandoned, Sydney Jacobs, Barrister, 13 Wentworth Chambers 

In this session on easements, Sydney Jacobs will discuss:  

• Navigating section 89 of the Conveyancing Act 1919 (power of the Court to declare easement abandoned or to modify) and related section 49 of the Real Property Act (Power of the Registrar -General) 
• When to use one pathway other than the other ? What are the rights to appeal such decisions? 
• What is the general judicial attitude to claims that an easement has been abandoned? 
• The presumption in the above legislation that an easement is abandoned if no use for 20 years e.g. What type of conduct constitutes “use“? 
• Recent cases by reference to sketches: Castle v Achdjian [2022] NSWSC ; Sheppard v Smith [2021] NSWSC 1207 and on appeal to the NSWCA in 2022. 
• The effect of Gan v Xie [2023 NSWCA to “gist” evidence as opposed to “direct speech” evidence in these types of matters.

This session will look at common and unusual claims against solicitors who draft wills, consider some lessons to be learnt from the recent case of Talbot & Ors v Boyd Legal (A Firm) & Ors [2023] QSC 8, and explore ways to minimise the risk of claims in a will drafting practice.

This session was recorded during the Specialist Accreditation Conference 2023.

This recorded webinar was originally captured during the 2021 Government Solicitors Conference

In this session Dr Juliet Lucy looks at materiality as a criterion of jurisdictional error, as discussed by the High Court in Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 and Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421.

This session covers the recent changes and proposed changes to defamation law in Australia, including an analysis of some recent cases. Stewart O’Connell also discusses how these developments impact the social media user, as well as how these changes impact the way the legal practitioner represents the social media user. 

Join us for an insightful look at the Royal Prerogative of Mercy and how this discretionary power was used to pardon Kathleen Folbigg.

This session was recorded as part of the Government Solicitors stream at the Annual Conference 2024.