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

This session will consider the proposed changes to the way that property settlements between separated couples are determined by the Court, under the Family Law Amendment Bill (No 2) 2023 (Cth). Presenter Eleanor Lau will examine the proposed principles the Court may consider when dividing property, including adjustments for family violence, debts and wastage, and the possible implications of the new regime.

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

Spec Acc Conf 2024 - Family

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.

Statutory interpretation; judge-made law; remedies

The way in which inheritances are treated in family law has been, and continues to be, a challenging one. Contention as to whether they are an asset or financial resource (or neither), contributions issues, timing, and how they affect the overall division of the assets arises in many matters. This session will explore those issues, the application of the legislation, and recent cases, with a view to providing guidance as to how inheritances are dealt with in the context of a relationship breakdown. 

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 will examine the facts, key principles and importance of the landmark cases Hart v MetLife Insurance Limited [2023] NSWCA 230 and MetLife Insurance Limited v Sandstrom [2021] NSWCA 123, among others. In Resolution Life Australasia Ltd v Teagle (Stay Application) [2023] FCA 1244, the FCA dismissed a life insurer’s application for a stay pending a hearing of the insurer’s appeal from an AFCA determination in favour of the member claiming a TPD benefit of more than $1.2 million. In Payne v Secure Melbourne Protective Services Pty Ltd [2023] FCA 1311, the FCA answered one of the more controversial questions asked by clients: ‘If my employer failed to make superannuation guarantee payments, can I still make a TPD claim?’ 

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

WARNING: DISTRESSING CONTENT

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

This session was recorded on 19 March 2022 as part of the Young Lawyers - Property Law - one day intensive - live webinar.

Hear from Georgiena Ryan on traps and tips for rural conveyancing as she 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. 

This session was recorded as part of the Specialist Accreditation Conference 2025.

WARNING: DISTRESSING CONTENT

Viewers are advised that various Conference sessions contain graphic details that some may find distressing, including but not limited to references to sexual offences, child pornography and violence. Please review the program and use your discretion before proceeding. 
 
If you have experienced sexual assault, domestic or family violence and require assistance, please contact 1800RESPECT  (1800 737 732) to speak with a counsellor from the National Sexual Assault and Domestic Family Violence Counselling Service. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support.    

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

Trusts, particularly family trusts, regularly feature in family law property proceedings. Trusts in which a party to the marital relationship has direct or indirect control of the trust and where a party is an object, even if only a discretionary object, present no jurisdictional issues and few issues of power. Trusts not falling within that category present issues of both kinds. In recent times, there has been increased judicial interest in examining: the nature and potential value, if any, of discretionary beneficiaries; the limitations, if any, on the exercise of discretionary powers by trustees; and the impact of Part VIIIAA of the Family Law Act, which is concerned with orders and injunctions binding third parties. This session explores options potentially available to discretionary objects in cases involving trusts over which the beneficiary has no apparent ability to influence the trustees’ decisions.

WARNING: DISTRESSING CONTENT

Viewers are advised that various Conference sessions contain graphic details that some may find distressing, including but not limited to references to sexual offences, child pornography and violence. Please review the program and use your discretion before proceeding. 
 
If you have experienced sexual assault, domestic or family violence and require assistance, please contact 1800RESPECT  (1800 737 732) to speak with a counsellor from the National Sexual Assault and Domestic Family Violence Counselling Service. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support.    

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

In this session Tony Cahill will discuss the role of vitiating factors in conveyancing transactions, with particular reference to sales and purchases. The presentation will consider the limitations of the traditional categories of matters affecting consent (mistake, misrepresentation, duress and undue influence); the evolution of principles of unconscionability under the ‘unwritten law’; and the operation of the Contracts Review Act 1980 (NSW), together with the scope of unconscionability under the Australian Consumer Law (ACL). The recent amendments to the unfair contracts terms provisions of the ACL will also be addressed.

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

Spec Acc Conf 2024 - Property

This session will provide an update on New South Wales foreign surcharge purchaser duty and land tax, discuss the impact of Australia’s double-tax treaties with other countries and identify who is now exempt. Other topics covered will include getting the due diligence right from the start, key traps to watch out for and what to do if your clients receive a foreign surcharge notice of investigation.

This session was recorded during the Specialist Accreditation Conference 2023.

The session will focus on the law of vicarious liability, with discussion areas including identifying the person for whom an entity might be vicariously liable, the circumstances in which vicarious liability might arise in light of recent authorities such as Prince Alfred College v ADC [2016] HCA 37 and Bird v DP (A Pseudonym) [2023] VSCA 66, and amendments to the Civil Liability Act 2002 (NSW). It will also address applications for a permanent stay of proceedings in light of the High Court’s recent decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 and the subsequent appeals in Willmot v State of Queensland [2023] QCA 102 and RC v The Salvation Army (WA) Property Trust [2023] WASCA 29.

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

WARNING: DISTRESSING CONTENT

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.