This session will explore a selection of the myriad complex and varied issues that can arise in the administration of deceased estates. Topics will include proof of death by fact, inference or presumption; rights of burial and associated disputes; issues of domicile and the validity of foreign wills; lost wills and the presumption of revocation by destruction; and recent amendments to the Crimes Act 1900 (NSW) affecting changes to trustees. The presentation will focus on the law underpinning these difficult areas of practice, provide practical examples, and offer pointers to practitioners in assisting their clients to navigate the potential minefield of deceased estates.

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

Spec Acc Conf 2024 - Wills and Estates

This session was recorded on 16 March 2022 as part of Great tips for Government Solicitors - mandatory rule 6.1 - live webinar. 

Non-Compellable Powers, Compellable Actions and Tennis: Recent Developments in Judicial Review - This session will provide recent developments in Judicial review. 

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 was recorded on 19 March 2022 as part of the Young Lawyers - Property Law - one day intensive - live webinar.

Hear from Mark Evans on NSW planning law as he provides helpful tips for lawyers looking to expand their knowledge and build their skills and practice.

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. 

The State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW) received assent on 19 May 2022, which included significant amendments to the Duties Act 1997 (NSW).  The amendments include:

• Acknowledgement of trust
• Change in beneficial ownership (including options and leases)
• Surcharge purchaser duty concession for Australian based developers
• Tax avoidance schemes, significant global entities and promoter penalties

The amendments have required practitioners to re-think the way they advise on transactions involving NSW dutiable property (most notably land) and drafting documents.  While the amendments have been in force for some months now, and clarifying Regulations have since been made, there has been considerable uncertainty about how Revenue NSW seeks to interpret the amendments in everyday transactions.  We expect guidance from Revenue NSW to be published shortly. 

This session will cover the changes, what we have already seen in practice, and subject to their publication, comments on Revenue NSW’s approach.  It is intended to focus on the amendments and how they impact legal advice and transactions, which may require additional caution or re-thinking the way certain transactions are documented and implemented.

Rehabilitation is a core element of any CTP claim, but does it always go according to plan? Is there a way of getting rehabilitation back on track if things go wrong? Our panellists are industry experts in CTP claims and rehabilitation and will be discussing what is and is not working in the NSW CTP scheme from a rehabilitation perspective. They will also discuss an alternative approach to rehabilitation and possible enhancements to the CTP scheme which could help bring the concept to life.

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

WARNING: DISTRESSING CONTENT

WARNING: DISTRESSING CONTENT 

Practice and procedure in Compulsory Third Party (CTP) claims have undergone huge changes in recent years. This expert panel will be discussing the current climate in CTP practice from various perspectives, including from those representing plaintiffs and defendants and the view from decision makers. The session will provide an update on the Personal Injury Commission, ideas and tips on case management, and delve into challenges faced by practitioners, potential improvements, and projections of the future landscape.

This session was recorded during the Specialist Accreditation Conference 2023.

The draft Family Law Amendment Bill 2023 (Cth) proposes some significant changes to the Family Law Act 1975 (Cth), particularly around parenting and considerations for determining the child’s best interests. This expert panel will examine the proposed changes for both practitioners and clients, including from historical, legal, and practical perspectives. The panel will discuss the impact of the expected changes on the way family lawyers conduct matters, including advice around potential outcomes, and consider the areas of conjecture when it comes to interpreting and applying the legislative amendments.

This session was recorded during the Specialist Accreditation Conference 2023.

DISTRESSING CONTENT 

Viewers are advised that this course may contain details that some may find distressing. Please review the course description and use your discretion before proceeding. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. 

This panel discussion will focus on working with complex cases that involve workplace trauma injuries, including trauma experienced by first responders. It will cover the issues affecting accurate diagnosis, such as the contribution of preexisting conditions and client vulnerability. PTSD and complex PTSD and their manifestations will be explored in the context of diagnosis and compensation issues. The session will also consider the information required by an independent medical examiner, and the criteria for reliable medical assessments. The panel will highlight practices for: ensuring legal processes and medical assessments are trauma informed; managing permanent impairment issues and the permanent impairment threshold; and effectively identifying causation.

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

WARNING: DISTRESSING CONTENT

For property lawyers advising on strata matters, the legal landscape is complex. Current issues and obstacles include the tension between the rights of owners and of owner corporations, the protection of the contracting interests of both purchasers and developers, and the state government’s push for high-density development. This panel discussion will highlight several critical issues for clients, including liability for costs in disputes; the right to access information; and rights in disputes involving neighbours. For solicitors, the panel will explore issues such as managing conflicts of interest in regard to client representation, and managing communication with strata committees. Have the recent legislative changes cleared a path to sustainable home ownership under the strata regime? Hear the panel's insights on this.

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

Spec Acc Conf 2024 - Property

How is climate change affecting the practise of law for property lawyers? How do you manage the risk of climate change? What does due diligence mean for the lawyer when climate change effects – current or potential – are factors in the lease or sale of land? How does past or potential flooding or fire impact on disclosure, zoning certificates and the development of land? What are the opportunities arising from the transition to renewables for property lawyers? This session will discuss how climate change is already impacting the profession, and what the future might look like for property law. Hear from speakers with backgrounds in agricultural leasing, renewables, conveyancing and the application of Division 7 of Part 3 of the Conveyancing Act 1919 (NSW), the Reconstruction Authority, water licensing and allocations, and climate change policy.

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

Spec Acc Conf 2024 - Property

Legal professionals are fundamentally involved in assessing legal requirements necessary for an individual client's decision-making capacity and the ability to enter into transactions capable of being recognised at law. It is therefore critical for those professionals to understand those requirements and the effect that cognitive impairment has on decision making capacity. Our panellists will explore and discuss the effect of cognitive impairment in the context of decision making in different contexts. Testamentary and various inter vivos transactions will be explored, and elder abuse, vulnerabilities and complex family dynamics will be discussed. Recent cases and remedies will be examined. 

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

Spec Acc Conf 2024 - Wills and Estates

This session will highlight the importance of appropriate cultural support for children in family separation matters and explore the potential benefits of the recent changes to s60CC of the Family Law Act 1975 (Cth). The panellists will discuss the jurisdictional crossover that exists between the family and the care jurisdictions, demonstrating how the former offers a better option for keeping children safe. They will also provide guidelines for best practice for Independent Children’s Lawyers acting in the family separation context, and point to the intersection between matters seen on the Specialist Indigenous List and many other matters in which Legal Aid acts – for children who are both Aboriginal and non-Aboriginal.

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

Spec Acc Conf 2024 - Family

This session will cover the definition of trauma, the importance of recognising trauma in clients and the principles guiding trauma informed practice. Participants will hear from panellists from varied disciplines: a clinical psychologist, court officer, legal practitioner and a professional advisor with lived experience working with and writing about their work with trauma affected clients. The panel will discuss how to identify trauma in clients and how it impacts family law disputes. The discussion will cover management techniques in trauma informed practice and how to best assist trauma affected clients in a court setting. The panel will also discuss vicarious trauma and the importance of family lawyers and those working within the family system to beware of this risk and put in place self-care mechanisms and supports. There will be an opportunity to participate in a Q&A session at the end of the session.

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

Spec Acc Conf 2024 - Family

The last decade has seen an influx of discussion of the law relating to penalties in Australia and the United Kingdom. On 27 July 2016, the High Court handed down Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28, which provided significant judicial consideration of the law relating to penalties and the rule’s scope. This session aims to canvas the developments in the law relating to penalties post-Paciocco and consider how these established principles have been applied in subsequent decisions.

This session was recorded during the Specialist Accreditation Conference 2023.

Representing clients in NCAT’s Guardianship Division can be challenging for legal practitioners unfamiliar with the Division’s inquisitorial procedures. The Division is required to exercise its jurisdiction to give paramount consideration to the welfare and interests of people with disabilities in a manner that encourages informality, flexibility and dispatch. The head of the Division, NCAT Deputy President Anne Britton will outline and discuss the procedures employed by the Division designed to achieve those requirements. Ms Britton will also explore how the statutory duty imposed on legal practitioners to cooperate with the Division and the Appeal Panel works in practice.

This session was recorded during the Specialist Accreditation Conference 2023.