This session was recorded on 20 March 2024 as part of the Key developments and skills for civil litigators: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by civil litigators, while earning four CPD units.

Topics include:

Legal ethics – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul Monaghan will consider ethical issues and scenarios relevant to civil litigators.

Best practices in billing and responding to cost enquiries – Nick Satouris, Professional Support Solicitor, Professional Support Unit, The Law Society of NSW

This session will cover costs considerations and practices including disclosure, agreements, assessments, and billing.

Electronic witnessing and execution of legal instruments – Tim Masters, Senior Associate, Piper Alderman 

This session will cover the current legislative requirements for electronic execution and remote witnessing of legal documents such as wills, enduring powers of attorney, appointments of enduring guardian, affidavits, statutory declarations, deeds and contracts. 

In this session you will learn:

• The impact of legislation created under Covid-19 on the changes to practices of electronic signing and remote witnessing.
• The relevant sections of the Electronic Transactions Act 2000 (NSW) and the Conveyancing Act 1919 (NSW) with respect to electronic execution in NSW, and the interaction of those sections with execution requirements set out under the Corporations Act 2001 (Cth).
• Acceptable forms of “Remote witnessing” and practices that should be avoided.
• Legislative differences between NSW and other jurisdictions and the differing requirements for electronic signing and remote witnessing for commonly encountered legal documents such as wills and deeds.

This session was recorded on Wednesday 1 March 2023 as part of the Key knowledge and skills for family lawyers: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by family law practitioners, while earning four CPD units. This course is designed for family lawyers will comprise four sessions:

Case update – Monique Robb, Partner, Lander & Rogers 

This session will cover a review of recent case decisions relevant regarding:

• unacceptable risk (Isles & Nelisson [2022] FedCFamC1A 97);
• de facto relationships (including Fairbairn v Radecki [2022] HCA 18);
• contempt of court;
• estoppel; and
• practice and procedure.

Legal ethics – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session, you will explore ethical issues that can arise in your daily practice. Linden Barnes will identify important cases that will assist you in determining your professional responsibilities. Linden offers a detailed summary of the facts of each case, analyses the judgment, and discusses the wider implications of these decisions. This will be an interactive session as Linden encourages active participation, so bring along your questions!

Handling clients’ emotions in family law – Sheridan Emerson, Partner, Pearson Emerson Family law and Sarah Yigit, Associate, Pearson Emerson Family Law 

In this session you will learn about:

• methods for handling various types of emotions, including frustration, sadness and anger;
• how to identify skills for communicating with clients who are experiencing emotional anguish or hardship and guidelines for dealing with different situations;
• ways to consider the importance of empathy and understanding when working to deliver the best level of client care;
• how to develop a deeper understanding of managing the need for frank advice with the impact of that advice on the client;
• Skill implementation from practice-based experience;.  
• the importance of self-care and how to protect yourself from the anguish of your clients.

Practice Management & Family Law – Jacqueline Dawson, Principal Solicitor, Sexton Family Law & Janine Daher, Associate Director and Accredited Family Law Specialist, Sexton Family Law

This session will cover:

• Statutory obligations when running a practice;
• Managing people – staff and clients;
• Managing business and workflow processes within the office.

This session was recorded on 24 February 2023 as part of the NSW revenue law: One day intensive – live webinar.

This course will comprise six sessions.

Click here to view the full program

Topics covered:

New South Wales Revenue Law: the Big Picture – Commissioner Cullen Smythe, Commissioner of State Revenue, Revenue NSW

Commissioner Smythe will give the keynote presentation, considering:

• the NSW State tax ecosystem in context – how do the pieces fit together?
• specific taxes and tax policy from the perspective of “why”?; and
• the 2022 changes to the Taxation Administration Act 1996 (NSW) and Duties Act 1997 (NSW), using examples to address the policy underpinnings and practical consequences of the amendments. 

Ethical scenarios in litigation – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul will walk you through ethical considerations relating to your duties and obligations in the following areas:

• the regulatory environment;
• dealing with the client;
• dealing with the Court;
• dealing with solicitors; and
• dealing with other parties.

Beware to declare: NSW duty traps on Acknowledgement of Trust – Lisa To, Partner, Bartier Perry Lawyers

This session will cover:

• Revenue Ruling DUT031 v2 “Declaration of Trust in Agreement For Sale” effective as of 19 May 2022 (published on Revenue NSW’s website in January 2023);
• background to the legislative change under section 8AA introduced into the Duties Act 1997 (NSW) including imposition of duty on an acknowledgement of trust; and
• traps and practical implications of duties legislation for declaration or trust and acknowledgement of trust, the decision in Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285 and additional care to be taken by advisers.

Surcharge purchaser duty and land tax – Andrew Rider, Barrister, Level 22 Chambers

This session will provide a structured framework for understanding surcharge purchaser duty, land tax compliance obligations and responding to compliance queries, including:

• getting 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. 

Costs assessment – Joe Rose, Principal solicitor, Rose Legal Costing

This session will focus on:

• the essential rules and principles that legal practitioners should know in respect of costs;
• typical pitfalls in preparing costs;

• costs disclosure;
• basic costs principles;
• best practice in time recording;
• methods to determine the gap between what your client has paid and what you can recover from the other side; and
• recent costs determinations.

Statutory interpretation for revenue lawyers – Igor Mescher, Barrister and Lecturer, University of New England

This session will cover:

• principles of statutory interpretation;
• a general approach to interpretation of taxing provisions; and
• court interpretation of: 
  • contestability and arbitrariness of taxes;  
  • retrospectivity and taxation legislation;
  • tax avoidance schemes; and
  • exemption, exception, objection and review provisions.