This session was recorded on 19 March 2024 as part of the Property law: One day intensive - live webinar.

Litigating with abandon: the obstacles to obtaining a declaration that an easement has been abandoned, Sydney Jacobs, Barrister, 13 Wentworth Chambers 

In this session on easements, Sydney Jacobs will discuss:  

• Navigating section 89 of the Conveyancing Act 1919 (power of the Court to declare easement abandoned or to modify) and related section 49 of the Real Property Act (Power of the Registrar -General) 
• When to use one pathway other than the other ? What are the rights to appeal such decisions? 
• What is the general judicial attitude to claims that an easement has been abandoned? 
• The presumption in the above legislation that an easement is abandoned if no use for 20 years e.g. What type of conduct constitutes “use“? 
• Recent cases by reference to sketches: Castle v Achdjian [2022] NSWSC ; Sheppard v Smith [2021] NSWSC 1207 and on appeal to the NSWCA in 2022. 
• The effect of Gan v Xie [2023 NSWCA to “gist” evidence as opposed to “direct speech” evidence in these types of matters.

This session will review case law and cover:  

• how a lease proposal or Heads of Agreement documents the proposed commercial terms for a lease as well as the process and timeframes for negotiating and finalising the lease documentation;
• when lease proposals bind the parties in the context of being generally framed as non-binding and “subject to contract”, with only certain provisions being expressed to be binding on the parties;
• how effective lease proposals are in preserving a party’s right to withdraw from a transaction;
• key terms, non-binding and binding provisions; and
• how to make a lease proposal “Subject to Contract”.

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

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. 

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

Reviewable powers of attorney: assessing capacity
Restrictive practices in ages care: consent
Hear from NCAT’s Head of the Guardianship Division in this important session

This session was recorded on 19 March 2024 as part of the Property law: One day intensive - live webinar.

Stamp duty and land tax in real property transactions – Andrew Rider, Barrister, Level 22 Chambers

This session will cover the impact of recent legislative and other changes to stamp duty and land tax in real property transactions, including:

• New dutiable transactions
• Aggregation and valuations
• Exemptions and concessions
• Surcharge duty and land tax

As a strata buildings get older, major structural components begin to fail and maintenance becomes more expensive. At some point, further maintenance may become unviable and “strata renewal” options need to be explored. From a legal perspective, strata renewal can be undertaken under Part 10 of the Strata Scheme Development Act (“New Strata Renewal”) or through more traditional avenues that have been available under the Strata Scheme Development Act since its inception (“Traditional Strata Renewal”).

This presentation examines the methods under the both New Strata Renewal and Traditional Strata Renewal, provides a comparison between the two methods including a review of a few case studies.

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 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 

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 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.