This session provides an overview of the statutory sentencing discount scheme for Early Appropriate Guilty Plea (EAGP) matters in NSW. Robert Hoyles details the statutory provisions governing discounts on sentencing as well as summarised some of the key cases. Moreover, the session provides practical tips on how to protect your client’s discount. 

WARNING: DISTRESSING CONTENT 

Since 1 July 2021 it has been a requirement in all NSW defamation claims that the plaintiff prove that they have suffered serious harm. This change was adopted from the law in the UK and was meant to reduce the amount of "backyard" defamation claims before the courts. Almost two years on, there is still some uncertainty as to what is required to satisfy this element. It is also unclear as to whether it has had the effect the law was intended to achieve. These issues and more will be discussed in this session.

This session was recorded during the Specialist Accreditation Conference 2023.

In this session, Elly Ashley delves into complex issues surrounding strata renewal. Through cases and case studies, the presentation covers the strata renewal process under Part 10 of Strata Scheme Development Act 2015 (NSW) compared to the traditional strata renewal process, and examines challenges and issues that may arise under both processes. 

Please note that not all questions asked by the live audience are clearly audible.

As a strata buildings get older, major structural components begin to fail and maintenance becomes more expensive. At some point, further maintenance may become unviable and “strata renewal” options need to be explored. From a legal perspective, strata renewal can be undertaken under Part 10 of the Strata Scheme Development Act (“New Strata Renewal”) or through more traditional avenues that have been available under the Strata Scheme Development Act since its inception (“Traditional Strata Renewal”).

This presentation examines the methods under the both New Strata Renewal and Traditional Strata Renewal, provides a comparison between the two methods including a review of a few case studies.

This session covers the legal framework governing superannuation splitting in family law matters and common issues that arise, such as requesting a former spouse’s superannuation information. This presentation also discusses the case of Bulow & Bulow [2019] FamCAFC 3 and the complexity of defined benefit superannuation entitlements in family law proceedings. Furthermore, Fadiya Ali emphasises the importance of valuing pensions in family law proceedings. 

WARNING: DISTRESSING CONTENT 

We live in a globalised society where the residence of beneficiaries can change. Through the relationships of a beneficiary, an Australian family may have members who are non-Australian tax residents or foreign persons. This session will review the tax issues which arise including CGT and non-resident beneficiaries, land tax and stamp duty surcharges and trust distributions to non-resident beneficiaries.

This session was recorded during the Specialist Accreditation Conference 2023

Cognition is the most important protective or facilitating factor in undue influence and elder abuse. Despite this, cognition is rarely addressed in the literature addressing these important areas of elder law. This session will explore the interface between declining cognition, undue influence and elder abuse in elder law. The aspects of client cognition that are imperative to consider in order to mitigate against elder abuse are discussed, alongside means by which the integrity of those cognitive functions can be assessed.

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. 

A Kennon argument is essentially an argument that family violence perpetrated by one party has made the contributions of the other party (usually the wife) more 'arduous' and that family violence has had a 'significant adverse impact' on that party’s contributions. It specifically relates to contributions made under section 79(4) or section 90SM(4) of the Family Law Act 1975 (Cth). This presentation will examine the evidentiary burden in running this argument, recent decisions and appeals, and Australian Law Reform recommendations. 

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 presentation examines the mandatory disclosure regime for off the plan contracts. Vanya Lozzi covers the changes introduced in December 2019, including the 10 day cooling-off period, the retention of deposit by the agent, lawyers or conveyancer’s trust account, and the new disclosure statement. The presentation also consideres key cases since their introduction, and the effect on purchaser rights, vendor obligations and defaults. 

Please note that not all questions asked by the live audience are clearly audible.

Join Dr Yega Muthu as he considers the increasing use of restrictive practices in hospitals for mental health patients and the impact of these practices, despite the principle of least restrictive care under the Mental Health Act 2007 (NSW). The session will examine the types of restrictive practices, such as seclusion, restraint, involuntary acute medication and limiting leave from hospital, the criteria for their application, and will discuss how restrictive practices should be person-centred, the least restrictive option for the shortest time, reduced and eliminated where possible, monitored, and reviewed regularly. Dr Muthu will further reflect on how the treating team must balance safety from harm and freedom of choice of an involuntary patient. 

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 will examine the increasingly litigious area of institutional abuse law in Australia. Institutional abuse law is a changing landscape with several matters before the High Court in 2023. The impact and uncertainty that this landscape creates is felt by survivors and the lawyers acting for them. The 2017 $370 million Royal Commission into institutional responses to child sexual abuse resulted in the abolition of the Ellis defence in NSW but has not prevented the threat of permanent stay applications. While the Courts have offered some clarity in the relationship between clergy and abusers and in setting aside previous settlements, issues continue to arise and there is significant jurisdictional variation in the assessment of damages. 

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 will consider recent cases that have appeared in the Real Property List in the Equity Division of the Supreme Court of New South Wales. Cases discussed cover topics such as rectification, e-conveyancing and caveats, effective charging clauses, statutes of limitations and mortgages, s 66G of the Conveyancing Act 1919 (NSW), trust law, and costs.

This session was recorded during the Specialist Accreditation Conference 2023.