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

Join industry experts for this full day online program as they discuss a range of issues faced by property lawyers.

Click here to view the full program

Topics include:

Stamp duty and land tax in real property transactions – Andrew Rider, Barrister, Level 22 Chambers

This session will cover the impact of recent legislative and other changes to stamp duty and land tax in real property transactions, including:

• New dutiable transactions
• Aggregation and valuations
• Exemptions and concessions
• Surcharge duty and land tax

Legal ethics for property lawyers – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Linden Barnes will consider ethical issues and scenarios relevant to property lawyers.

Leaving no room for error: Best practice drafting for put and call option deeds – Spyridon Augoustinos, Associate, Green & Associates Solicitors

In this session you will learn:  

• About the implications of recent changes to conveyancing regulations and the NSW stamp duty regime and potential pitfalls and alternatives to entering into option deeds that may be relevant to your clients 
• To use precise language when drafting clauses dealing with grantor and grantee obligations  
• To draft favourable clauses for a property developer client entering into a call option arrangement such as extension, nomination, interdependent contracts, caveat, early access and facilitation of DA clauses  
• To draft favourable clauses for option grantors, such as grantee provision of security deposits and option extension fees being paid in addition the purchase price 
• About recent case studies and option deed disputes which reflect the important of precise option drafting. 

Retail leases: cases and developments, Gary Newton, Partner, HWL Ebsworth

This session will cover recent critical conveyancing and property law cases and update on cases overturned on appeal, which include:

• Termination of contract and relief against forfeiture of the deposit
• Pre contract misrepresentation and off the plan cases
• Easement wars
• Agent recovering commission
• Destruction of property before completion

Dispute management: building and construction defects, Anne Fernando, Partner, Sachs Gerace Lawyers

Join Anne Fernando as she examines managing disputes relating to building and construction defects. Topics covered will include:

• Practical guidance on steps to take when building defects are raised
• Common ‘traps’ to avoid in building defects litigation
• Best practice for resolving building disputes fairly and efficiently
• An analysis of relevant case examples.

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 was recorded on 12 March 2024 as part of the Elder law, wills and probate: One day intensive – live webinar.

Join this full day intensive program specifically tailored to elder law, wills and estate planning practitioners. Experts specialising in this area will cover many of the thorny issues that you might face in your day-to-day practice. You will leave the day with knowledge of the most current laws and cases and an expanded skill set for driving the continued growth and success of your practice.  

Topics include: 

Wills and superannuation benefits: tax implications and other issues – Mimi Su, Principal, Matthews Folbigg Lawyers

In this session Mimi Su will examine complex issues surrounding superannuation benefits in wills and estates matters. 

Conflicts of interest in elder law, wills and probate matters – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, Law Society of NSW 

In this session Linden Barnes will consider ethical scenarios relating to conflicts of interest that are of relevance to elder law, wills and probate practitioners. 

Estate planning for blended families – Paul Evans, Partner, Makinson d’Apice Lawyers

Blended families, where one or both spouses have children from a prior relationship are today increasingly common. Inevitably, with a blended family situation, there will be a multitude of competing needs and obligations. Skillful estate planning can address those needs and obligations and as far as possible keep conflict within the family to a minimum. 

The presentation will examine types of blended families, provide an understanding of how to tackle your clients' objectives, and the potential for family provision claims. It will also cover possible strategies to include: 

• Outright gifts
•  Mutual wills contracts 
•  Life interests and rights to reside 
•  Superannuation and family trusts 

Give me a sign: a case law update on informal wills – Jennifer Vuu, Senior Associate, HWL Ebsworth Lawyers 

This session will cover: 

• What constitutes an informal will 
• The power of the Court to dispense with the formal requirements for wills 
•  The rise of online documents and other emerging trends in the digital age 
• Practical tips and tricks 

Confidentiality considerations in elder law, estate planning and estate litigation matters – Isabel McLelland, Senior Associate, Teece Hodgson & Ward Solicitors 

The ins and outs of testamentary trusts – Stephen Lynch, Director, Sommerville Legal

Testamentary trusts are an invaluable estate planning tool, but it is critical that you get them right. This session will cover all the dos and don'ts of testamentary trusts, including: 

• The pros and cons of testamentary trusts 
•  The best way to incorporate testamentary trusts into a will 
•  Capacity and ‘knowledge and approval’ issues Income tax, stamp duty and CGT
•  Common pitfalls including variation clauses, changes in trustee and the foreign person rules 

This session was recorded on 14 March 2024 as part of the Key knowledge for commercial lawyers: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by commercial lawyers legal practitioners, while earning four CPD units.

Topics include:

It’s non-negotiable: navigating unfair terms in small business and consumer agreements – Jennifer Dean, Partner, Johnson Winter Slattery

Recent legislative reforms have created an increased focus on ensuring fairness in standard form contracts used in dealings with small businesses and consumers. This practical session provides an overview of the recent reforms, identifying unfair terms, compliance strategies and key takeaways from regulatory enforcement and case law.

Legal ethics – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul Monaghan will consider ethical issues and scenarios relevant to commercial lawyers.

Proper management of a trust year by year – David Marks KC, Barrister, Inns of Court & Norman Hanna, Barrister, Inns of Court

This session will look at the proper management of a trust - year by year. Quite apart from managing the tax position of a family group or investment structure, the lawyer has a role in ensuring decision-making is in order. The lessons from recent cases like JJ Owies (VSCA), Grand View (UKPC) and Legler (NZCA, NZSC appeal heard) will be addressed. 

This interactive session will discuss strategies for improving decision-making and ensuring that the intended structuring and tax planning actually works.

David Marks KC will also discuss some recent lessons about trust distributions, particularly where there are foreign elements, or unusual types of income and gains.

Wellbeing and commercial practice – Simonette Vaja, Wellbeing Manager, The Law Society of NSW

This session will provide an overview of optimal habits for high performing lawyers, including: 

• Mental Agility – Growth Mindset
• Evidence based best practice habits for mental wellbeing
• Mental Fitness with Mindfulness Based Stress Reduction 

This session was recorded on 27 March 2024 as part of the Unfair contracts - the new penalties: Mandatory rule 6.1 - live webinar.

This course will focus on changes to the Australian Consumer Law which came into effect November 2023, and which prohibit businesses from proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses. ACCC Deputy Chair Mick Keogh has noted that “There was previously little motivation for businesses to comply with the law”.  With substantial penalties now available, there is a significant incentive to comply. 

Topics include:

Good drafting and compliance with the changes to unfair contracts law – Kathleen Morris, Barrister, Level 22 Chambers

On 9 November 2022 the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) came into effect, which expanded and reformed the unfair contract terms regimes applying under the Competition and Consumer Act 2010 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth). Those amendments included the introduction of a new civil penalty regime prohibiting the use of, and reliance on, unfair contract terms by businesses, which came into operation from 9 November 2023. The amendments also broadened the definition of “small business” and clarified matters to be taken into account when assessing whether a contract is a “standard form contract”. This session considers those legislative changes and steps that can be taken to ensure compliance with the unfair contract terms regime. 

Ethical issues and unfair contracts – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session, Linden Barnes will examine ethical issues relating to contract law.

Unfair terms - legislation and case review – Jennifer Dean, Partner, Johnson Winter Slattery

In this session, Jennifer Dean will review important recent decisions and critical legislative changes.

Complying with the unfair contract terms regime – Verity Quinn, Special Counsel, ACCC

ACCC Special Counsel Verity Quinn will provide an overview of what the unfair contract terms regime requires, and give some tips for businesses when reviewing their contracts to ensure they comply with the law including discussion around:

• Changes allowing courts to impose substantial penalties on businesses and individuals who include unfair terms in their standard form contracts. Prior to the changes, courts could only declare specific terms of a contract void, no penalties applied.
• Changes expanding the coverage of the regime to apply to more small business contracts.
• Changes clarifying aspects of the regime, including more clearly defining ‘standard form contracts'.

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. 

If you self-assess that this particular educational activity extends your knowledge and skills, this program may allow you to claim four (4) of the mandatory areas: (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law.

This session was recorded on 27 February 2024 as part of the Key knowledge and skills for family lawyers: Mandatory rule 6.1 – live webinar

Hear from legal experts in this live online course as they discuss some of the current issues faced by family lawyers legal practitioners, while earning four CPD units.

Topics include:

Effective drafting in family law matters, with reference to understanding requirements under the amended Family Law Act – Stephene Tully, Barrister, 6 St James Hall Chambers

The Family Law Amendment Act 2023 (Cth) (passed 19 October 2023), among other changes, repealed the presumption of equal shared parental responsibility, expanded the definition of member of the family, simplified compliance and enforcement provisions, and ensured that children’s voices are heard in international child abduction cases. This session will: 

• provide an overview of the substantive changes recently effected to the Family Law Act 1975 (Cth);
• assess their impact upon precedent letters and documents (eg parenting plans, orders and advices) to ensure that those changes are incorporated; and 
• offer practical drafting suggestions for practitioners when formulating templates which comprehensively and accurately address the legislative issues.   

Legal ethics – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Linden Barnes will consider fulfilling ethical and professional responsibilities when practising in family law. 

Case law - year in review – Craig Nicol, Editor, The Family Law Book & Keleigh Robinson Co-Editor, The Family Law Book

In this session Craig Nicol & Keleigh Robinson will review notable family law cases from 2023, with a discussion of key takeaways from these cases and how they may be applied to day-to-day practice.

Wellbeing – Simonette Vaja, Wellbeing Manager, The Law Society of NSW

This session will provide an overview of optimal habits for high performing lawyers, including: 

• Mental Agility – Growth Mindset
• Evidence based best practice habits for mental wellbeing
• Mental Fitness with Mindfulness Based Stress Reduction 

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. 

If you self-assess that this particular educational activity extends your knowledge and skills, this program may allow you to claim four (4) of the mandatory areas: (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law.