These sessions were recorded on 17 and 18 August 2023 as part of the Specialist Accreditation Conference - Personal Injury stream.

Hear from specialists and experts across the profession on a wide range of topics relevant to your practice.

Topics include:

• CTP: Developments in court and commission decisions
• Developments in medical negligence litigation
• Complexities in product liability claims
• The pendulum of institutional abuse law
• Reconsideration rights and MAC appeals in the Personal Injury Commission
• Panel: Opportunities for improving the CTP scheme
• Asbestos litigation: Update on assessment of damages in asbestos claims
• Public Liability: Liability of public and other authorities
• Sticks and stones may break my bones: What constitutes serious harm in defamation?
• The Mental Health Act 2007 (NSW) and use of restrictive practices in New South Wales
• Assessing damages for funds management: When, why and how much?

Click here to view the full live conference program

These sessions were recorded on 17 and 18 August 2023 as part of the Specialist Accreditation Conference - Property Law stream.

Hear from specialists and experts across the profession on a wide range of topics relevant to your practice. 

Topics include:

• The Real Property List: Recent case review
• Update on retail and commercial leasing cases and related law reform
• Duty on surrenders and terminations of lease: The change in beneficial ownership provisions
• Drafting GST provisions for property transactions
• Strata law: Tricks, traps and opportunities missed in the 2015 legislation
• Complex conveyancing developments
• Update on New South Wales foreign surcharges
• Don’t get caught out! Complexities in the PPSA
• Complex IP issues in sale of business transactions
• Recent activity in the Land and Environment Court of New South Wales
• Caveats: Functions, form and misconceptions

Click here to view the full live conference program

These sessions were recorded on 17 and 18 August 2023 as part of the Specialist Accreditation Conference - Wills and Estates stream.

Hear from specialists and experts across the profession on a wide range of topics relevant to your practice.

Topics include:

• Practice and procedure in NCAT’s Guardianship Division: Practising in a protective jurisdiction
• Managing risk in a will drafting practice
• Taxing times for non-resident beneficiaries in the estate plan: A thorn in the side?
• Complex trust issues
• The cognitive mechanics of elder abuse
• Probate and Family Provision claims: Do's and dont's
• Financial elder abuse in the context of succession law
• Informal and interim wills
• Considerations when entering into aged care contracts
• Special administration - practice and procedure
• Distinguishing concerns about client vulnerability, competence and decision making capacity

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.

Join us for a session on strata law. Presenter Michael Allen will delve into the latest cases and legislative changes relating to strata properties that all practitioners need to know.

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.