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

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 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

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

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