This session will address the emergence of sustainable finance in the recent years and will cover the developing key principles of green loans and sustainably linked loans in Australia. You will also be provided with some practical considerations for documenting green loans/sustainably linked loans into facility agreements.

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 will involve case reviews of recent judgments from the Supreme Court of New South Wales and the NSW Court of Appeal in applications for Judicial Review of decisions, including: Members’ decisions in damages assessments and miscellaneous claims assessment disputes; Merit Reviewers’ decisions in statutory benefits disputes; and decisions of Medical Assessors, Review Panels, and the President’s Delegates. 

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

WARNING: DISTRESSING CONTENT

Join us for a comprehensive look at pivotal cases which have helped shape the legal landscape for government lawyers over the past year.

This session was recorded as part of the Government Solicitors stream at the Annual Conference 2024.

Christine Lithgow, Principal, Christine Lithgow & Associates

Keith Redenbach, Principal Solicitor, Redenbach Legal

Join presenter Catherine Hallgath for a presentation covering the latest developments in leasing. Through an examination of recent cases, this session will ensure specialists are informed about the complexities that can arise in the course of leasing negotiations and agreements.

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

Spec Acc Conf 2024 - Property

This session was recorded on 19 March 2024 as part of the Property law: One day intensive - live webinar.

Litigating with abandon: the obstacles to obtaining a declaration that an easement has been abandoned, Sydney Jacobs, Barrister, 13 Wentworth Chambers 

In this session on easements, Sydney Jacobs will discuss:  

• Navigating section 89 of the Conveyancing Act 1919 (power of the Court to declare easement abandoned or to modify) and related section 49 of the Real Property Act (Power of the Registrar -General) 
• When to use one pathway other than the other ? What are the rights to appeal such decisions? 
• What is the general judicial attitude to claims that an easement has been abandoned? 
• The presumption in the above legislation that an easement is abandoned if no use for 20 years e.g. What type of conduct constitutes “use“? 
• Recent cases by reference to sketches: Castle v Achdjian [2022] NSWSC ; Sheppard v Smith [2021] NSWSC 1207 and on appeal to the NSWCA in 2022. 
• The effect of Gan v Xie [2023 NSWCA to “gist” evidence as opposed to “direct speech” evidence in these types of matters.

This session will look at common and unusual claims against solicitors who draft wills, consider some lessons to be learnt from the recent case of Talbot & Ors v Boyd Legal (A Firm) & Ors [2023] QSC 8, and explore ways to minimise the risk of claims in a will drafting practice.

This session was recorded during the Specialist Accreditation Conference 2023.

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. 

Join us for an insightful look at the Royal Prerogative of Mercy and how this discretionary power was used to pardon Kathleen Folbigg.

This session was recorded as part of the Government Solicitors stream at the Annual Conference 2024.

This session will explore a selection of the myriad complex and varied issues that can arise in the administration of deceased estates. Topics will include proof of death by fact, inference or presumption; rights of burial and associated disputes; issues of domicile and the validity of foreign wills; lost wills and the presumption of revocation by destruction; and recent amendments to the Crimes Act 1900 (NSW) affecting changes to trustees. The presentation will focus on the law underpinning these difficult areas of practice, provide practical examples, and offer pointers to practitioners in assisting their clients to navigate the potential minefield of deceased estates.

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

Spec Acc Conf 2024 - Wills and Estates

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.