This session will cover:

• Revenue Ruling DUT031 v2 “Declaration of Trust in Agreement For Sale” effective as of 19 May 2022 (published on Revenue NSW’s website in January 2023);
• background to the legislative change under section 8AA introduced into the Duties Act 1997 (NSW) including imposition of duty on an acknowledgement of trust; and
• traps and practical implications of duties legislation for declaration or trust and acknowledgement of trust, the decision in Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285 and additional care to be taken by advisers.

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, Emma Cameron delves into the importance of establishing causation in negligence cases.  Ms Cameron offers a detailed overview of a recent Victorian Supreme Court case in which there were claims in tort and contract against a valuation firm; Payton Securities Pty Ltd v Bertacco Ferrier Pty Ltd [2022] VSC 394. She explains the Court’s decision that, as it was not the plaintiff who retained the valuer, the claim in contract failed. Ms Cameron also comprehensively examines the Court’s finding that the standard of reasonable care is not a standard of perfection and that a Court must be able to conclude that no reasonable valuer could have made the same mistake or reached that same conclusion. Ms Cameron also analyses the Court’s finding that although the valuation firm fell short of the standard of care, there was no causative effect on the loss. Additionally, she then considers the key takeaways from this case for NSW practitioners.

Join barrister Vikram Misra as he examines the functions and form of caveats. Topics discussed will include drafting caveats effectively, duties of a “subscriber” under the NSW Participation Rules for Electronic Conveyancing, caveatable interests in property law and compensation under section 74P of the Real Property Act 1900 (NSW). The session will also cover common mistakes and misconceptions regarding caveats, and tips when briefing counsel on urgent caveat applications.

This session was recorded during the Specialist Accreditation Conference 2023.

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.

Causation and its intersection with an increased risk and increased incidence have raised issues of some complexity and debate for a number of years. The role of the ‘but for’ test, loss of a chance, material contribution and a necessary condition of the occurrence of harm in common law causation were clarified in 2010 by the High Court of Australia in Amaca v Ellis [2010] HCA 5 and Tabet v Gett [2010] HCA 12. On the other hand, it appears that questions of causation in the assessment of damages for breaches of statutory guarantees may still involve complex issues that are less than clear. In this session, Colin Loveday will lead a discussion on the recent and evolving jurisprudence of causation in claims for damages under the Australian Consumer Law in recent product liability claims.

This session was recorded during the Specialist Accreditation Conference 2023.

This presentation focuses on the concepts of voluntary assumption of risk, joint illegal enterprise and the agony of the moment for claims under the Motor Accident Injuries Act 2017 (NSW) and Motor Accidents Compensation Act 1999 (NSW). While joint illegal enterprise operates at the level of whether a duty of care exists, the other principles arise in the context of whether a motorist has breached their duty of care. After considering the fundamental principles, consideration is given to their practical application. 

WARNING: DISTRESSING CONTENT 

This recorded webinar was originally part of the Elder Law, Wills & Estates one day intensive 2021.

Topics include:

• Electronic Witnessing of estate planning documents 
• The traditional methods
• The new measures 
• Practical application of the new measures

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.

• How extensive are the Commonwealth’s powers to deprive a person of his or her citizenship under the naturalisation and aliens power? 
• To what extent can the legislature modify the rules of procedural fairness applicable in a court without the law being unconstitutional? 
• Is a law requiring a court to order the detention or supervision of convicted thief, after his sentence has expired, incompatible with the court’s role as a repository of federal jurisdiction? 
• To what extent does the Kable principle continue to have force?
• Do State laws prohibiting publication of children’s names, or prohibiting publication of footage obtained from surveillance devices, impose an unjustified burden upon the implied constitutional freedom of communication on political and government matters? 
• Were harsh State drug laws which were disproportionately used to charge indigenous people, inconsistent with the Racial Discrimination Act 1975 (Cth)?

Constitutional law