In this recorded seminar, Lucinda Morphett will run through the basics of compulsory land acquisition in NSW. The seminar will also examine the quirks of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), as well as recent case law relating to compulsory land acquisitions.

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

Spec Acc Conf 2024 - Property

This will be an interactive session in which some topical issues will be raised for discussion. The speaker, the Honourable Philip Hallen SC, also welcomes any questions/topics which an Accredited Specialist would like to discuss, bearing in mind the session time available.

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

Spec Acc Conf 2024 - Wills and Estates

Caveat litigation is fast paced, requiring solicitors to make high-level tactical decisions under time pressure which will have significant consequences for their client. This seminar will traverse advanced issues and strategies in caveat litigation by considering common scenarios practitioners can expect to encounter and will provide the legal framework and strategies for achieving the best outcome. Topics covered will include withdrawal under s 74MA of the Real Property Act 1900 (NSW) (the Act), considerations relating to applications to extend or withdraw a caveat, and the role of substitute security for the caveat. The seminar will also touch on compensation under s 74P of the Act, professional obligations regarding lodgement of caveats, and how to effectively brief counsel on urgent applications.

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

Spec Acc Conf 2024 - Property

This session focuses on the many possible avenues for dispute resolution in property matters. This includes 7.2.3 of the Law Society Contract, Section 66 of the Retail Leases Act 1994 (NSW), NCAT mediations regarding strata matters, and Lawcover mediations where a solicitor is accused of negligence. It also includes ASBFEO mediations and arbitrations for franchise/property disputes, “genuine steps” requirements in the Federal Court, Land & Environment Court conciliation conferences, Building Management Committee expert decisions, local councils’ facilitations regarding DAs, and expert referrals in a variety of matters.

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

Spec Acc Conf 2024 - Property

Hear from Denis Barlin, a Doyle’s Guide-recommended barrister, about issues relating to business succession planning. Topics covered will include transferring wealth and control held subject to a trust, asset protection, and taxation.

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

In a series of cases, and most notably the landmark High Court decision in Kennon v Spry [2008] HCA 56; (2008) CLR 366, courts have found that, in certain circumstances, trust property can constitute ‘property of the parties to the marriage’ for the purpose of s79 of the Family Law Act 1975 (Cth). Through detailed case studies, the presenters aim to elucidate key concepts and arm practitioners with the necessary knowledge to guide them through this often complex, and quickly evolving, area of family law practice.

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

Spec Acc Conf 2024 - Family

This on demand pre-recorded webinar will undertake to analyse the most pressing and recent high net worth family law cases and appeals, exploring the facts and legal principles inherent to such matters. After which, the session will assess the notable trends and themes emerging from such cases as they grapple with the evolving nature of high-net-worth individuals and families. The most recent ‘big money’ cases and appeals recognise the complexities of modern-day wealth, and this session seeks to communicate a broad understanding of the financial themes necessary in navigating the evolving landscape of family law for those of substantial wealth.

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

Spec Acc Conf 2024 - Family

The session will cover the particularisation of the ‘new’ offence, and the role ‘culture’ may play in the prosecution and/or defence of a coercive control charge. It will also look at the importance of family law cases in the area of coercive control, namely, but not limited to, Morton & Beatty [2022] FedCFamC2F 784, Gadhavi & Gadhavi [2023] FedCFamC1A 117, and Ramzi & Moussa [2022] FedCFamC2F 1473, as well as evidence gathering across both criminal and family jurisdictions.

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

Spec Acc Conf 2024 - Family

Fires in high rise towers (including the Grenfell Tower in London and Lacrosse in Melbourne) have brought notoriety to a popular façade finish known as aluminium composite panels (‘ACP’), and have seen legislative and regulatory amendment introduced in most states to prohibit the use of so-called ‘combustible cladding’. This has also seen building owners question the design and approvals process whereby such cladding was permitted and used in the buildings’ construction. Inevitably, litigation has ensued, with architects, engineers, certifiers, suppliers, subcontractors and head contractors the typical targets. The presenter will discuss these issues, the recent authorities that have considered them, and the implications for property owners.

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

Spec Acc Conf 2024 - Property

This session will outline the main entities involved in commercial property transactions. It will contrast property transactions involving the sale of shares in the selling entity with typical real asset sales. Issues affecting certain types of entities will be discussed, such as Foreign Investment Review Board considerations; GST, including applicability or exemptions available; limitations on tax concessions for certain trusts and companies; and foreign surcharge duty/land tax considerations, particularly if the discretionary trust structure is used. Discussion will also include SMSFs, exemptions from the usual vendor warranties under the Conveyancing Act 1919 for certain types of sellers/contracts, application of vendor warranties under that Act for transactions involving lessees under long-term leases, and recent case law.

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

Keeping up to date with competition law developments is crucial for Australian businesses. Jacqueline Downes, Head of the Competition and Consumer Regulatory Group at Allens, will look at the current state of play in key areas of ACCC enforcement such as mergers, greenwashing, and employee restraints, as well as key recent decisions in the areas of cartel conduct, advertising and misleading and deceptive conduct, and retail price maintenance. Jacqueline is listed as a leading competition and antitrust expert in Chambers Global, Chambers Asia Pacific (Band 1), Legal 500 Asia Pacific (Leading Individual), and Best Lawyers, Global Competition Review.

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

If the key is the identification and valuation of the property of the parties, how can the litigation process be tailored to progress the objective of the expeditious conclusion of complex financial disputes? Most practitioners know what a complex property matter is and have conducted one themselves. However, not everyone is familiar with how to use its parts to achieve a result. This session will assist in taking the leap to gain the third eye in complex matters.

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

Spec Acc Conf 2024 - Family

Join us for a session examining complex family provision matters that can arise in blended families. The topics covered in this presentation include the 'wicked’ stepparent; first family v second (or subsequent) partner; expectation v entitlement; adequate and proper provision; and planning ahead – section 100 statements and other documents.

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

This session will look at navigating complex probate applications. Presenter Jennifer Vuu will cover a range of topics including cessate probate, inoperative wills, nominee grants and grants to syndics. The session will also provide practical tips for hitting the mark. 

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

Spec Acc Conf 2024 - Wills and Estates

Michael Williams, a leading light in the field of intellectual property (IP) in Australia, will discuss the current issues affecting the application of IP legislation to copyright, trade marks and patents. A key focus of this session will be the treatment of AI under IP law.

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

This presentation will undertake an analysis of key changes to the Family Law Act 1975 (Cth) by the Family Law Amendment Act 2023 (Cth), which came into force on 6 May 2023.  The session will cover the concept of joint or sole parental decision making, the changes to the legislative pathway, the meaning and application of the term ‘safety’, and the test of ‘unacceptable risk’. It will touch upon the possible impact on the changes referrable to the Hague Convention on the Civil Aspects of International Child Abduction, and on the role of Independent Children’s Lawyers. Analysis of these changes will focus on the ability to rely on past authorities, and on what can be gleaned from early decisions after 6 May 2023 and from overseas jurisdictions.

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

Spec Acc Conf 2024 - Family 

The increasing prevalence of digital assets and AI calls for greater consideration of the way digital matters fit into the law and process of inheritance. Surveys suggest the general public rarely thinks of the digital, including digital access to non-digital property, when giving instructions for wills, and lawyers’ attention to this is only slightly more frequent. Testators may know very little about their digital assets and be very surprised to learn they do not own the material on their streaming services. This session suggests ways to manage. Where overseas jurisdictions have passed legislation, this may not always be useful. Data protection, post-mortem privacy and the right to be forgotten or to be memorialised are all aspects of this developing area of law.

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

Join Monica Ross-Maranik for a session examining elder abuse claims. This presentation will cover topics including considerations for interlocutory relief, possible sources of evidence, the necessity to plead alternate relief, possible defences, and recent cases. 

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

Spec Acc Conf 2024 - Wills and Estates

Employee Share Schemes (ESS) can be important business tools for retaining and attracting talent, particularly where a business has cash constraints (such as a start-up). However, the tax implications relating to ESS can be complex. A myriad of ESS arrangements is possible.  An appropriate ESS arrangement can depend on the commercial objectives and stage of life of the business.  In this session, we will consider ESS from a tax perspective, including: what is an ESS, common ESS arrangements, common tax considerations and practical examples. 

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

Join barrister Michelle Hirschhorn for a session discussing common property transactions where GST or CGT might arise. Learn more about the circumstances when GST and CGT might apply, and the practical and legal impact on the transaction. The session will also include looking through the lens of decided tax cases and tips on good record-keeping and evidence.

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

Spec Acc Conf 2024 - Property

Since the publication of the final report of the Royal Commission into Institutional Responses to child sexual abuse in 2017, significant developments have taken place in ‘Abuse Law’ in NSW, as well as in the other jurisdictions. This presentation will consider the issue of setting aside settlement agreements; schools’ liability for harm committed by students on other students; and recent changes to the National Redress Scheme.

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

WARNING: DISTRESSING CONTENT

Recent reforms have consequential impacts for the Fair Work Commission, with further changes forthcoming. This session will address the implementation of three major pieces of legislation: the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and the Fair Work Legislation Amendment (Closing Loopholes) Acts 2023 (No1) 2023 and 2024 (No2). The Commissioner will deal with key changes implemented and on the horizon including the right to disconnect, a new definition of casual employee, changes to enterprise agreement approval assessments, Protected Action Ballot Order conferences, intractable bargaining declarations, workplace determinations and other changes within the Commission’s expanded jurisdiction.

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

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