The escalating costs of litigation compel an increasing number of litigants to seek Alternate Dispute Resolution (ADR). This can take the form of arbitration, mediation and collaborative interaction between solicitors. To attract litigants to any of these alternate dispute resolutions, confidence in the lawyers conducting the ADR is enhanced by the knowledge that not only are their legal representative and other lawyers participating practitioners who are knowledgeable in the Federal Circuit and Family Court of Australia process but, importantly, can assist their clients in attaining a speedy and cost-effective resolution with minimal emotional and financial costs. Specialist accreditation is a vital step towards gaining the confidence of litigants to embrace ADR. 

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. 

In this session, Joanne Wade will examine the current landscape of asbestos-related law. Attendees of this presentation will gain a comprehensive understanding of the recent court decisions and emerging trends in damages in asbestos claims across Australia. The presentation will provide valuable insights and knowledge that can be applied to legal practices and overall decision-making processes in the context of asbestos-related litigation. 

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. 

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. 

There is an increasing emergence of child protection issues in matters before the Family Court and Federal Circuit Court of Australia, as recognised by innovations such as the Evatt List and the Lighthouse Project. In many FCFCOA registries matters involving family violence, mental illness and also substance abuse are now common. As the lines between the jurisdictions blur, what can family law practitioners learn from their colleagues in the Children’s Court? Join Elanor Canning as she examines the increasing convergence of different areas of law within singular matters. 

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. 

In this session Tony Cahill will discuss dilemmas highlighted by recent judicial pronouncements and legislative and regulatory reforms. The topics covered will include the distinction between put and call options and conditional contracts, and part deposits compared to penalties. Tony will consider what it means to be ready, willing and able to issue a Notice to Complete, as well as the timing and extent of purchase due diligence.

This session was recorded during the Specialist Accreditation Conference 2023.

Intellectual property rights are an important and often valuable class of intangible assets used within businesses. The issues which arise in relation to intellectual property rights in the context of mergers and acquisitions can be complex, and the consequences can be dire when valuable intellectual property rights are not properly assigned to the buyer in a sale. This session will cover complex IP issues in the context of business sales including ownership and licensing issues, as well as contemporary issues which have arisen with the increased use of artificial intelligence within businesses.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

What makes a property matter complex? In this session we will review the many and varied ways in which a property matter might be considered complex, recent case law in complex matters, the role of the solicitor in managing complex property settlements, and practical issues and resource management in complex matters.

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. 

Join presenter Margaret Pringle as she examines complex trust issues, covering topics that include the construction and amendment of trust deeds and cy-près applications. The session will also cover the application of Part 3, Division 3 of the Trustee Act 1925 (NSW) and will also look at applications for judicial advice under section 63.

This session was recorded during the Specialist Accreditation Conference 2023.

This session will examine the “Aged Care System” and the function and common failings of aged care contracts for incoming residents, including considerations when negotiating and entering an aged care contract. Furthermore, presenter Rodney Lewis will discuss issues that practitioners need to turn their minds to when a client is entering into aged care.  This will include the status of any will, advance, or other estate planning documents, and any other steps or measures required in relation to the payment of aged care fees.

This session was recorded during the Specialist Accreditation Conference 2023.

The Motor Accidents Injuries Act 2017 (NSW) was introduced to overhaul the compulsory third-party compensation scheme in NSW and continues to be reviewed and refined, including several statutory changes that came into effect in April this year. As the scheme matures, Peter Hunt will discuss trends evident in Court and Commission decision-making relating to liability, quantum and judicial review.

This session was recorded during the Specialist Accreditation Conference 2023.

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. 

In this session Jenica Lim-Young will discuss key cases and recent developments in the area of medical negligence. The presentation will cover topics such as updates and issues relating to expert evidence, section 50 of the Civil Liability Act 2002 (NSW), damages and limitation periods.

This session was recorded during the Specialist Accreditation Conference 2023.

Any practitioner that regularly deals with security interests knows that the regime prescribed by the Personal Property Securities Act 2009 (Cth) is highly complex. As lawyers we are responsible for ensuring registrations are valid and effective. The session will cover critical concepts necessary for giving stakeholders certainty about their security interests, examine how the Courts have recently dealt with particularly complex issues, and identify what lessons lawyers should learn from those matters.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

Where do all those special conditions come from? Why are they needed and what do they mean? The interaction of GST with property transactions continues to be a source of tension. Questions abound regarding the operation of the margin scheme, what activities constitute the carrying on of an enterprise and the vexed issues arising from the need to distinguish between commercial residential premises and residential premises.  This practical session will look at drafting issues in the light of the GST provisions as well as recent decisions in this evolving area of the law.

This session was recorded during the Specialist Accreditation Conference 2023.

In this session, Catherine Hallgath will be looking at the recent amendments made to the Duties Act 1997 (NSW), more specifically the charging of duty on a change in beneficial ownership of dutiable property in respect of leases and lease transactions. The session will consider what kinds of leasing transactions fall within the duties net, particularly what types of arrangements could trigger the requirement to pay duty in respect of surrenders and terminations of leases.

This session was recorded during the Specialist Accreditation Conference 2023.

Whether an individual is an employee or contractor is a key commercial matter, as it can give rise to tax and legal implications for a business. Failure by a business to correctly characterise a worker can result in underpayment of worker entitlements (such as PAYG and superannuation), not meeting payroll tax obligations and create risk of an employment claim. This session will provide: (i) an overview of the current tax and legal landscape following the recent High Court and Federal Court decisions in Jamsek v ZG Operations [2022] HCA 2 and the Fair Work Commission’s decision in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156; (ii) review activity of the ATO and Revenue NSW in light of these decisions; (iii) income tax, superannuation and payroll tax obligations for businesses that engage contractors; (iv) nuances in the employee and contractor tests for income tax, superannuation and payroll tax; and (v) importance of a written contract and whether this provides a complete solution.

This session was recorded during the Specialist Accreditation Conference 2023.

Recorded on 17 August 2023

King Tan, Consulting Principal, Keypoint Law
Elizabeth Burnheim, Consulting Principal, Keypoint Law

This session will provide an overview in relation to the different approaches utilised and the best practice around preparing and advising clients who wish to enter into Financial Agreements. Importantly, through an examination of recent authorities, we will examine the issues that arise in litigation, and a Financial Agreement is either being set aside by one party and/or enforced. 

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 session focuses on two scenarios of general application in succession law. The first is 'inheritance impatience' in the form of an inter vivos misappropriation by an adult child. The second is 'inheritance insecurity' on the part of the biological children of the first partner in an elderly blended family to die. How can succession and property law be utilised to reduce the spectre of family provision claims disturbing testamentary wishes?

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. 

Elder abuse; family provision; testamentary trusts

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.

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.

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. 

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.