When is it appropriate to award damages for funds management? This session looks at what it means to be incapable of managing one’s affairs and explores the evolution of funds management as a head of damage, including claims involving people whose incapacity has not been caused by the negligent tortfeasor. The session will also deal with quantification of damages for funds management, the tension between the costs charged by private trustees and the public interest in keeping insurance premiums affordable, and the author’s suggestion for reform. 

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. 

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 complexity of family provision claims is amplified when assets and the deceased person, or both, are located across multiple jurisdictions. This session delves into the often-convoluted landscape of multi-jurisdictional family provision claims, exploring the legal challenges and practical implications. The session will examine the unique issues that emerge when family provision claims cross jurisdictional boundaries, delving into the complexities of determining the applicable law and jurisdiction. Drawing on a range of case studies, the session will analyse the nuances and disparities in legal frameworks and judicial interpretations, and address practical strategies for practitioners to effectively manage multi-jurisdictional family provision claims.

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

Spec Acc Conf 2024 - Wills and Estates

Hear from Denis Barlin, a Doyle’s Guide-recommended barrister, about issues relating to business succession planning. Topics covered will include transferring wealth and control held subject to a trust, asset protection, and taxation.

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

In a series of cases, and most notably the landmark High Court decision in Kennon v Spry [2008] HCA 56; (2008) CLR 366, courts have found that, in certain circumstances, trust property can constitute ‘property of the parties to the marriage’ for the purpose of s79 of the Family Law Act 1975 (Cth). Through detailed case studies, the presenters aim to elucidate key concepts and arm practitioners with the necessary knowledge to guide them through this often complex, and quickly evolving, area of family law practice.

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

Spec Acc Conf 2024 - Family

This on demand pre-recorded webinar will undertake to analyse the most pressing and recent high net worth family law cases and appeals, exploring the facts and legal principles inherent to such matters. After which, the session will assess the notable trends and themes emerging from such cases as they grapple with the evolving nature of high-net-worth individuals and families. The most recent ‘big money’ cases and appeals recognise the complexities of modern-day wealth, and this session seeks to communicate a broad understanding of the financial themes necessary in navigating the evolving landscape of family law for those of substantial wealth.

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

Spec Acc Conf 2024 - Family

This session was recorded on 6 February 2025 as part of the Important issues for in-house lawyers: mandatory rule 6.1 - live webinar.

Changes to Australia’s privacy and data security regime – Amber Cerny, Corporate Law Partner, EY Oceania

In this session you will get an update on changes to Australia’s amended privacy and data security laws.

We will also cover what the changes mean for you:

• How leading inhouse counsel are supporting their businesses to be compliant with the laws.
• How best to identify and mitigate risks.

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.

This session was recorded on 6 March 2025 as part of the Key knowledge for commercial lawyers: Mandatory rule 6.1 – live webinar.

Competition and consumer law case update – David Fleming, Partner, HWL Ebsworth

This case law update will provide you with important insights from a selection of recent competition and consumer law cases. 

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.

This session was recorded on 4 March 2025 as part of the Elder law, wills and probate: One day intensive - live webinar.

Topics covered include:

• Estate planning involving trusts and companies
• Hedging against family provision claims
• Loans from the bank of Mum and Dad
• Hotchpot and equalisation clauses

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