This recorded webinar was originally captured during the 2021 Government Solicitors Conference

In this session Dr Juliet Lucy looks at materiality as a criterion of jurisdictional error, as discussed by the High Court in Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 and Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421.

This session covers the recent changes and proposed changes to defamation law in Australia, including an analysis of some recent cases. Stewart O’Connell also discusses how these developments impact the social media user, as well as how these changes impact the way the legal practitioner represents the social media user. 

This session was recorded on 16 November 2021 as part of the meet some of the Senior Judicial Registrars: Practical tips for proceedings in the Federal Circuit and Family Court of Australia.

1 September 2021, marked a significant occasion in the history of Australia’s federal court system with the commencement of the Federal Circuit and Family Court of Australia. In this interactive session, our panel of Senior Judicial Registrars will give practical tips for conducting proceedings in the FCFCOA. Topics covered will include procedural court lists, case management pathways, the new forms, and whether a case is appropriate for Division 1 or 2.

Cassandra Banks, Jr Vice President, The Law Society of NSW; Principal Solicitor, CB Legal

Panellists

Senior Judicial Registrar Brett McGrath (Sydney)

Senior Judicial Registrar Sharney Jenkinson (Sydney)

Senior Judicial Registrar Dr Anna Parker (Melbourne)

Senior Judicial Registrar Lisa O’Neill (Queensland)

This session will review case law and cover:  

• how a lease proposal or Heads of Agreement documents the proposed commercial terms for a lease as well as the process and timeframes for negotiating and finalising the lease documentation;
• when lease proposals bind the parties in the context of being generally framed as non-binding and “subject to contract”, with only certain provisions being expressed to be binding on the parties;
• how effective lease proposals are in preserving a party’s right to withdraw from a transaction;
• key terms, non-binding and binding provisions; and
• how to make a lease proposal “Subject to Contract”.

This session was recorded on 24 February 2023 as part of the NSW revenue law: One day intensive – live webinar.

Commissioner Smythe will give the keynote presentation, considering:

• the NSW State tax ecosystem in context – how do the pieces fit together?
• specific taxes and tax policy from the perspective of “why”?; and
• the 2022 changes to the Taxation Administration Act 1996 (NSW) and Duties Act 1997 (NSW), using examples to address the policy underpinnings and practical consequences of the amendments. 

This session was recorded on 16 March 2022 as part of Great tips for Government Solicitors - mandatory rule 6.1 - live webinar. 

Non-Compellable Powers, Compellable Actions and Tennis: Recent Developments in Judicial Review - This session will provide recent developments in Judicial review. 

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. 

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

Hear from Mark Evans on NSW planning law 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 State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW) received assent on 19 May 2022, which included significant amendments to the Duties Act 1997 (NSW).  The amendments include:

• Acknowledgement of trust
• Change in beneficial ownership (including options and leases)
• Surcharge purchaser duty concession for Australian based developers
• Tax avoidance schemes, significant global entities and promoter penalties

The amendments have required practitioners to re-think the way they advise on transactions involving NSW dutiable property (most notably land) and drafting documents.  While the amendments have been in force for some months now, and clarifying Regulations have since been made, there has been considerable uncertainty about how Revenue NSW seeks to interpret the amendments in everyday transactions.  We expect guidance from Revenue NSW to be published shortly. 

This session will cover the changes, what we have already seen in practice, and subject to their publication, comments on Revenue NSW’s approach.  It is intended to focus on the amendments and how they impact legal advice and transactions, which may require additional caution or re-thinking the way certain transactions are documented and implemented.

WARNING: DISTRESSING CONTENT 

Join 2023 President of the Law Society, Cassandra Banks, who will moderate a diverse and expert panel on how the legal system affects children and how lawyers and the legal profession may best work with children.  Children are subject to civil and criminal laws that have been developed to address their welfare needs, community protection and contractual relationships. Children can be held responsible for a crime from the age of ten yet they may not be asked to contribute to care plans or to provide informed consent when entering contracts. Their conduct, their parental orders and their disputes must be negotiated by lawyers through dispute resolution or in court.

This session will look at how lawyers may work to better protect children and the positive actions they may take when working with children. The specific needs of indigenous children within our legal system will be discussed, including consequences of the crossover between care and criminalisation. More widely, the need for lawyers and legal systems to intervene earlier to prevent distress, injury and trauma and where NSW sits within an international approach to issues between children and the law. 

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.