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

Stamp duty and land tax in real property transactions – Andrew Rider, Barrister, Level 22 Chambers

This session will cover the impact of recent legislative and other changes to stamp duty and land tax in real property transactions, including:

• New dutiable transactions
• Aggregation and valuations
• Exemptions and concessions
• Surcharge duty and land tax

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.

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 

Estate planning can be notoriously complicated, particularly from an Australian tax perspective. With the use of case studies, in this session we examine some of the nuances that arise when considering certain types of distributions and bequests under a will. In particular, the session will cover issues that may arise when the tax residency of the estate and the beneficiaries do not match, when a life interest in a property is granted, and when there is a dispute over the provisions of the will. 

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

Spec Acc Conf 2024 - Wills and Estates

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. 

The principles of Kennon v Kennon (1997) FLC 92–757 (‘Kennon’) are well established. However, Kennon claims regularly fail, for a variety of reasons. Some fail because of a lack of thorough investigation of the allegations, or a failure to adduce clear evidence of the allegations. Some fail because of a failure to adduce corroborating evidence, or where the evidence of the complainant is inconsistent with other contemporaneous evidence. This session will analyse the practical steps that ought to be taken when preparing and running a Kennon claim from both perspectives: acting for the complainant and for the alleged perpetrator.

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

Spec Acc Conf 2024 - Family

This session was recorded on 12 March 2024 as part of the Elder law, wills and probate: One day intensive – live webinar.

The ins and outs of testamentary trusts – Stephen Lynch, Director, Sommerville Legal

Testamentary trusts are an invaluable estate planning tool, but it is critical that you get them right. This session will cover all the dos and don'ts of testamentary trusts, including: 

• The pros and cons of testamentary trusts 
•  The best way to incorporate testamentary trusts into a will 
•  Capacity and ‘knowledge and approval’ issues Income tax, stamp duty and CGT
•  Common pitfalls including variation clauses, changes in trustee and the foreign person rules 

The Australian Consumer Law (ACL) is a Federal based regime which operates to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Civil Liability Act 2002 (NSW) is a State based regime which, according to the Second Reading Speech, was introduced for the purpose of reducing the number of public liability claims and insurance premiums. The objectives of each regime appear to be at odds with each other. This session aims to explore the interplay between those two regimes in light of the overlap created by Section 275 of the ACL.  

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

WARNING: DISTRESSING CONTENT

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.