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, Kieran Smark SC will discuss the topic of defamation law in the context of search engine results. He will summarise the facts and decisions of four recent cases; Google Inc v Duffy [2017] SASCFC 130, Trkulja v Google LLC [2018] HCA 25, Google LLC v Defteros [2022] HCA 27 and Duffy v Google [2023] SASC 13. Kieran will consider the implications of these judgments and will also examine the current proposals for legislative reform.

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.

This session covers directors’ duties that may be relevant in family law matters where a family business is involved. Jacob Smith explains how the CFCOA treats directors’ duties, and explores the implications that these duties have on family law proceedings. 

WARNING: DISTRESSING CONTENT 

Landlords, trade creditors and others often manage their risk by procuring directors to sign the contract in what they believe is their dual capacities, namely not only on behalf of the company but also as guarantor. More times than one might realise, it is not so clear in what capacity a director is actually appending their signature. Questions that arise include whether one signature binds both the company and the director personally, and, assuming the director loses the argument on capacity, what last refuge might be available. Join presenter Sydney Jacobs as he turns the lenses in the kaleidoscope on different factual scenarios and varying judicial approaches to this oft-recurring issue in practice.

This session was recorded during the Specialist Accreditation Conference 2023.

This videocast was originally captured during the Specialist Accreditation conference 2021 - Employment & Industrial Law stream. 

Around 2.1 million people with disability in Australia are of working age.  This session looks at the following topics around disability and employment:

• What do the numbers tell us?
• Segregated employment
• Disability discrimination issues – areas of unlawful conduct; reasonable adjustments; inherent requirements
• Intersection of WHS laws and disability discrimination

In this session presenter Michael Perkins examines a number of issues relating to client competence and capacity that cross the spectrum of professional practice. Topics covered include evaluating client competence and compliance with Rule 8 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW), indicators of cognitive intactness, an advocacy approach to evaluating vulnerability and the related risks of coercion and abuse. The presentation also considers guidelines for cognitive responsive practice, and how practitioners can build decision making resilience in their client.

This session was recorded during the Specialist Accreditation Conference 2023.

Capacity; coercion; professional conduct; compliance

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.

Easements and other rights of access are commercially valuable rights which allow the use and development of land for commercial purposes. This paper discusses contentious issues that arise in this area of property law.

Electronic execution of documents

This session will cover: 

• Electronic execution of deeds and agreements by persons and companies 
• Electronic execution processes and clauses 
• Practical issues for property practitioners

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.

This session will provide you with important legal developments in the world of employment. The presentation will alert you to the relevant labour law issues to be aware of in 2023.