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.

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

This session offers guidance for managing issues relating to superannuation death benefits, including taxation and payment requirements.

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

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

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.