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

In this session the presenters will explore four hot topics in the Land and Environment Court of New South Wales. Learn about applications to modify a development consent and the power to amend a modification application, as well as development standards and recent legal principles. The session will also cover building information certificates (BIC), when they are required, and whether you can amend a BIC application. Finally, the presenters will deep dive into environmentally sustainable development and when the impact of climate change must be considered.

This session was recorded during the Specialist Accreditation Conference 2023.

Planning; property development

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 session covers the fundamentals of intentional tort litigation in Australia. Peter O’Brien  examines important recent cases that relate to the torts of assault, battery, false imprisonment, malicious prosecution and misfeasance in public office. Furthermore, this presentation covers the application of the Civil Liability Act 2002 (NSW) to intentional tort claims. 

WARNING: DISTRESSING CONTENT 

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.

This discussion will address the latest developments in the workers compensation legislation and the case law surrounding the power of reconsideration with respect to challenging a medical assessment certificate (MAC).  The discussion will address section 57(1) of the Personal Injury Commission Act 2020 (NSW), and procedural issues surrounding the appropriateness of seeking a reconsideration. The discussion will address Medical Appeals pursuant to section 327 of the 1998 Act, particularly under section 327(3)(a) (deterioration of a worker’s condition). This will include review of relevant PIC Member and Presidential decisions, together with an overview of the Court of Appeal decision of Sleiman v Gadalla Pty Ltd [2021] NSWCA 236.

This session was recorded during the Specialist Accreditation Conference 2023.

This recorded webinar by Elizabeth Haydon (Australian Taxation Office) covers key information around the new Register of Foreign Ownership of Australian Assets, including its commencement and scope as well as the requirements to give register notices. The session further discusses the new online service for foreign investors and how it can be used by foreign persons to manage their applications, registrations, and obligations in one place. Practitioners will leave the session with the latest information to accurately advise foreign investor clients of the requirements and tools available relating to investment purchases.

With reference to recent cases, this session will address complex issues that may arise in the identification and quantification of remedies in commercial disputes. Issues to be addressed include: potential pitfalls for plaintiffs in cases where liability and quantum are determined separately; the several liability of defaulting fiduciaries and third-party assistants or recipients; elections to be made between equitable compensation and an account of profits; and a plaintiff’s ability to make different elections between those two remedies as against a defaulting fiduciary and as against a knowing assistant or knowing recipient.

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

This session will consider:

• diversity of cases where the Flight v Booth principle has been applied e.g. tombstones, auctioneer’s conditions of sale, drains, sketches attached to contracts for sale “off the plan”;  
• the intersection of Flight v Booth , Notices to Complete and repudiation;
• legislation that embodies the idea of Flight v Booth;
• the intersection of Flight v Booth and the Australian Consumer Law;
• re-occurring factual scenarios (other than the above) where Flight v Booth is worth considering when a purchaser wishes to rescind a contract for the sale of land, such as contractual promises by a developer of a strata scheme made in contracts for sale “off the plan” to build common property to a particular standard.

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

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

This session was recorded on 19 March 2022 as part of the Young Lawyers - Property Law - one day intensive - live webinar.

Hear from Gary Newton on cases and legislation update for retail leasing as he provides helpful tips for lawyers looking to expand their knowledge and build their skills and practice.

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. 

The session will provide an overview of the First Home Buyer Choice and Sheared Equity Home Helper schemes, cover recent changes to Duties Act and the application of the surcharges for duties and land tax as well as highlighting the resources available for professionals on the Revenue NSW website.

This session was recorded on 4 March 2025 as part of the Elder law, wills and probate: One day intensive - live webinar.

Reviewable powers of attorney: assessing capacity
Restrictive practices in ages care: consent
Hear from NCAT’s Head of the Guardianship Division in this important session