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 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 recorded webinar was originally part of the Mandatory Rule 6.1 for In house counsel

Topics include:

• Why is ESG important?
• What does ESG look like for companies?
• Key risk areas

Tim Stutt, Australian lead ESG, Herman Smith Freehills

Amendments to the unfair contract terms (UCT) regime are due to take effect from November 2023 and bring significant changes that practitioners need to be aware of. Most notably, the amendments will make unfair contract terms illegal, rather than simply voidable, and such terms will be subject to the significant penalty regime in the Competition and Consumer Act 2010 (Cth) and ASIC Act 2001 (Cth). This session provides an overview of the regime, the proposed amendments which broaden the scope of the regime, and key 'unfair' terms to watch out for.

This session was recorded during the Specialist Accreditation Conference 2023.

This session was recorded on 27 March 2024 as part of the Unfair contracts - the new penalties: Mandatory rule 6.1 - live webinar.

Unfair terms - legislation and case review – Jennifer Dean, Partner, Johnson Winter Slattery

In this session, Jennifer Dean will review important recent decisions and critical legislative changes.

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.

Join Gary Newton as he examines the latest retail and commercial lease cases, covering topics such as covid rent relief, termination or possession, suitability of the fire services and structural upkeep. The session will touch on previous cases now overturned or affirmed in the past year, and consider the first right of refusals in leases, the formation of a binding lease, the exercise of option and relief against forfeiture.

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

Please note that not all questions asked by the live audience are clearly audible. 

WARNING: DISTRESSING CONTENT 

This session will cover recent legislative amendments with a particular focus on women in the workforce. The topics will include changes to sexual harassment, systemic discrimination, positive duties, new grounds for discrimination in the Fair Work Act 2009 (Cth), equal remuneration, pay secrecy, parental leave and flexible working arrangements. In addition to the substantive changes, the session will also cover the avenues for resolving disputes, including the new Part 3.5A of the Fair Work Act 2009 (Cth) for sexual harassment claims and the Australian Human Rights Commission’s new powers to monitor compliance with the positive duty and apply to the federal courts for an order to direct employers to comply with the positive duty.

This session was recorded during the Specialist Accreditation Conference 2023.

pay secrecy; parental leave; flexible work; workplace investigations

In this session, Justin Wong and Adam Faro outline ASIC’s powers. The presenters discuss examination notices and provided tips on preparing clients for an examination. This session also covers the conduct of an examination. Moreover, the presentation delves into the National Consumer Credit Protection Act 2009 (NSW) as well as travel bans under the Corporations Act 2001 (Cth). 

WARNING: DISTRESSING CONTENT 

Join us for an enlightening session where we'll explore, in an interactive way, strategies for navigating family provision claims in farming cases, equitable trust issues, and the strategic use of deeds under Section 95 of the Succession Act.

This session was recorded on Friday, 11 October 2024 as art of the Rural and Private Practice stream as part of the Annual Conference 2024.

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

Wills and superannuation benefits: tax implications and other issues – Mimi Su, Principal, Matthews Folbigg Lawyers

In this session Mimi Su will examine complex issues surrounding superannuation benefits in wills and estates matters.