This session was recorded on 31 October 2023 as part of the Clean energy law: The Safeguard Mechanism under the NGER Scheme - live webinar.

The Safeguard Mechanism was introduced under the former Coalition Commonwealth Government, to prevent emissions from skyrocketing with the removal of the carbon tax.  

In July 2023, the Government reformed the Safeguard Mechanism, introducing declining baselines, an absolute cap on emissions and stronger reporting requirements.  

Join Olivia Kilponen and Dylan Orsborn from the Department of Planning and Environment for a live webinar as they examine the current requirements under the National​ Greenhouse and Energy Reporting Act 2007 (Cth) and its interaction with existing NSW legislation and policy initiatives​​. This presentation will: 

• Provide an overview of the Safeguard Mechanism, focusing on the recent reforms.
• Discuss the Safeguard Mechanism’s potential interaction with regulation and policy developments in NSW.
• Consider criticisms of the Safeguard Mechanism including that facilities will be subject to multiple ‘layers’ of regulation for greenhouse gas emissions.

The session will cover the particularisation of the ‘new’ offence, and the role ‘culture’ may play in the prosecution and/or defence of a coercive control charge. It will also look at the importance of family law cases in the area of coercive control, namely, but not limited to, Morton & Beatty [2022] FedCFamC2F 784, Gadhavi & Gadhavi [2023] FedCFamC1A 117, and Ramzi & Moussa [2022] FedCFamC2F 1473, as well as evidence gathering across both criminal and family jurisdictions.

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

Spec Acc Conf 2024 - Family

Fires in high rise towers (including the Grenfell Tower in London and Lacrosse in Melbourne) have brought notoriety to a popular façade finish known as aluminium composite panels (‘ACP’), and have seen legislative and regulatory amendment introduced in most states to prohibit the use of so-called ‘combustible cladding’. This has also seen building owners question the design and approvals process whereby such cladding was permitted and used in the buildings’ construction. Inevitably, litigation has ensued, with architects, engineers, certifiers, suppliers, subcontractors and head contractors the typical targets. The presenter will discuss these issues, the recent authorities that have considered them, and the implications for property owners.

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

Spec Acc Conf 2024 - Property

This session will outline the main entities involved in commercial property transactions. It will contrast property transactions involving the sale of shares in the selling entity with typical real asset sales. Issues affecting certain types of entities will be discussed, such as Foreign Investment Review Board considerations; GST, including applicability or exemptions available; limitations on tax concessions for certain trusts and companies; and foreign surcharge duty/land tax considerations, particularly if the discretionary trust structure is used. Discussion will also include SMSFs, exemptions from the usual vendor warranties under the Conveyancing Act 1919 for certain types of sellers/contracts, application of vendor warranties under that Act for transactions involving lessees under long-term leases, and recent case law.

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

Keeping up to date with competition law developments is crucial for Australian businesses. Jacqueline Downes, Head of the Competition and Consumer Regulatory Group at Allens, will look at the current state of play in key areas of ACCC enforcement such as mergers, greenwashing, and employee restraints, as well as key recent decisions in the areas of cartel conduct, advertising and misleading and deceptive conduct, and retail price maintenance. Jacqueline is listed as a leading competition and antitrust expert in Chambers Global, Chambers Asia Pacific (Band 1), Legal 500 Asia Pacific (Leading Individual), and Best Lawyers, Global Competition Review.

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

In this session Tony Cahill will discuss dilemmas highlighted by recent judicial pronouncements and legislative and regulatory reforms. The topics covered will include the distinction between put and call options and conditional contracts, and part deposits compared to penalties. Tony will consider what it means to be ready, willing and able to issue a Notice to Complete, as well as the timing and extent of purchase due diligence.

This session was recorded during the Specialist Accreditation Conference 2023.

If the key is the identification and valuation of the property of the parties, how can the litigation process be tailored to progress the objective of the expeditious conclusion of complex financial disputes? Most practitioners know what a complex property matter is and have conducted one themselves. However, not everyone is familiar with how to use its parts to achieve a result. This session will assist in taking the leap to gain the third eye in complex matters.

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

Spec Acc Conf 2024 - Family

Join us for a session examining complex family provision matters that can arise in blended families. The topics covered in this presentation include the 'wicked’ stepparent; first family v second (or subsequent) partner; expectation v entitlement; adequate and proper provision; and planning ahead – section 100 statements and other documents.

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

Intellectual property rights are an important and often valuable class of intangible assets used within businesses. The issues which arise in relation to intellectual property rights in the context of mergers and acquisitions can be complex, and the consequences can be dire when valuable intellectual property rights are not properly assigned to the buyer in a sale. This session will cover complex IP issues in the context of business sales including ownership and licensing issues, as well as contemporary issues which have arisen with the increased use of artificial intelligence within businesses.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

This session will look at navigating complex probate applications. Presenter Jennifer Vuu will cover a range of topics including cessate probate, inoperative wills, nominee grants and grants to syndics. The session will also provide practical tips for hitting the mark. 

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

Spec Acc Conf 2024 - Wills and Estates

What makes a property matter complex? In this session we will review the many and varied ways in which a property matter might be considered complex, recent case law in complex matters, the role of the solicitor in managing complex property settlements, and practical issues and resource management in complex matters.

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. 

Join presenter Margaret Pringle as she examines complex trust issues, covering topics that include the construction and amendment of trust deeds and cy-près applications. The session will also cover the application of Part 3, Division 3 of the Trustee Act 1925 (NSW) and will also look at applications for judicial advice under section 63.

This session was recorded during the Specialist Accreditation Conference 2023.

Causation and its intersection with an increased risk and increased incidence have raised issues of some complexity and debate for a number of years. The role of the ‘but for’ test, loss of a chance, material contribution and a necessary condition of the occurrence of harm in common law causation were clarified in 2010 by the High Court of Australia in Amaca v Ellis [2010] HCA 5 and Tabet v Gett [2010] HCA 12. On the other hand, it appears that questions of causation in the assessment of damages for breaches of statutory guarantees may still involve complex issues that are less than clear. In this session, Colin Loveday will lead a discussion on the recent and evolving jurisprudence of causation in claims for damages under the Australian Consumer Law in recent product liability claims.

This session was recorded during the Specialist Accreditation Conference 2023.

This presentation focuses on the concepts of voluntary assumption of risk, joint illegal enterprise and the agony of the moment for claims under the Motor Accident Injuries Act 2017 (NSW) and Motor Accidents Compensation Act 1999 (NSW). While joint illegal enterprise operates at the level of whether a duty of care exists, the other principles arise in the context of whether a motorist has breached their duty of care. After considering the fundamental principles, consideration is given to their practical application. 

WARNING: DISTRESSING CONTENT 

This session will examine the “Aged Care System” and the function and common failings of aged care contracts for incoming residents, including considerations when negotiating and entering an aged care contract. Furthermore, presenter Rodney Lewis will discuss issues that practitioners need to turn their minds to when a client is entering into aged care.  This will include the status of any will, advance, or other estate planning documents, and any other steps or measures required in relation to the payment of aged care fees.

This session was recorded during the Specialist Accreditation Conference 2023.

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.

Michael Williams, a leading light in the field of intellectual property (IP) in Australia, will discuss the current issues affecting the application of IP legislation to copyright, trade marks and patents. A key focus of this session will be the treatment of AI under IP law.

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