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 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 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

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

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 include a review of notable decisions and developments over the preceding year in public liability decisions. Not only will the key principles and take aways be summarised, participants will also benefit from a discussion about the practicalities of each case.

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

WARNING: DISTRESSING CONTENT

Over the course of this session, The Honourable Justice Elisabeth Peden will discuss the latest case law developments in the Real Property List of the Supreme Court of NSW. This will include a consideration of topics such as to caveats, strata law and 88K easements.

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

Spec Acc Conf 2024 - Property

This presentation will explore the latest cases in NSW on contested, informal and statutory wills. Through a comprehensive examination of recent decisions, it will offer valuable insights for legal practitioners practising in estate law in 2024. The areas highlighted will include an overview of the current climate, particularly a look into the cases filed in the Supreme Court of NSW in 2024. Other areas will include recent family provision claims and the judiciary’s view on ‘estrangement’, the rise in cases involving informal documents in the digital age, and protection of the incapacitated person and the latest statutory will decisions in NSW. 

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

Spec Acc Conf 2024 - Wills and Estates

The law and procedure in regard to personal injury claims arising from motor vehicle accidents has been substantially altered with the enactment of the Motor Accident Injuries Act 2017 (NSW). The purpose of this session is to provide an overview of recent important decisions in the CTP field, in the Courts as well as in the Personal Injury Commission. The session will include discussion of decisions on liability, damages, judicial review and medical assessments. The presentation will be of interest to practitioners in the area of Motor Accident Law and the personal injury field more generally. 

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

WARNING: DISTRESSING CONTENT

Join us for a session examining recent decisions in the Dust Diseases Tribunal. This will include a review of damages awards, with a specific focus on damages awarded pursuant to s15B of the Civil Liability Act 2002 (NSW) for the loss of ability to care for another, as well as on recent trends in litigation and the rise of silicosis claims from stonemasons. 

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

WARNING: DISTRESSING CONTENT

This session will posit that a recent New South Wales Court of Appeal decision has fundamentally altered legal liability in New South Wales in almost every design and building case. It will further suggest that in construction cases we have seen the effective death of proportionate liability in New South Wales. This outcome strikes at the very heart of more than two decades of practice and procedure developed under New South Wales legislation and interpretation of it in case law.

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

Join us online as we consider the latest moves in dispute resolution in the family law arena, including: how to bring the voice of the child safely into the Mediation space; the uptake of the Arbitration of family law property matters, and some leading cases; and the emerging practice of Parenting Co-ordination as an alternative to court proceedings. This session will contemplate ways in which the various dispute resolution options and processes can be utilised to achieve the best outcome for families after a relationship breakdown. Pencil this session into your dance card.

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

Spec Acc Conf 2024 - Family

These sessions were recorded as part of the Specialist Accreditation Conference 2024.

These sessions were recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Family

These sessions were recorded as part of the Specialist Accreditation Conference 2024.

WARNING: DISTRESSING CONTENT

These sessions were recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Property

These sessions were recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Wills and Estates

Estate planning can be notoriously complicated, particularly from an Australian tax perspective. With the use of case studies, in this session we examine some of the nuances that arise when considering certain types of distributions and bequests under a will. In particular, the session will cover issues that may arise when the tax residency of the estate and the beneficiaries do not match, when a life interest in a property is granted, and when there is a dispute over the provisions of the will. 

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

Spec Acc Conf 2024 - Wills and Estates

The principles of Kennon v Kennon (1997) FLC 92–757 (‘Kennon’) are well established. However, Kennon claims regularly fail, for a variety of reasons. Some fail because of a lack of thorough investigation of the allegations, or a failure to adduce clear evidence of the allegations. Some fail because of a failure to adduce corroborating evidence, or where the evidence of the complainant is inconsistent with other contemporaneous evidence. This session will analyse the practical steps that ought to be taken when preparing and running a Kennon claim from both perspectives: acting for the complainant and for the alleged perpetrator.

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

Spec Acc Conf 2024 - Family

The Australian Consumer Law (ACL) is a Federal based regime which operates to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Civil Liability Act 2002 (NSW) is a State based regime which, according to the Second Reading Speech, was introduced for the purpose of reducing the number of public liability claims and insurance premiums. The objectives of each regime appear to be at odds with each other. This session aims to explore the interplay between those two regimes in light of the overlap created by Section 275 of the ACL.  

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

WARNING: DISTRESSING CONTENT