This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

This session explores the negligence risks that may arise in a busy commercial litigation practice. Beginning with a refresher on the scope of a solicitor’s duty to their client in a litigation context, the session focuses on: the doctrine of advocates’ immunity and its limitations; the scope of the duty to warn; and mitigating risk in the settlement of claims. Examining key principles from recent case law, the session offers practical strategies for experienced litigators to minimise the risk of claims.

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

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 28 August 2025 as part of the Specialist Accreditation Conference 2025.

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

Rehabilitation is a core element of any CTP claim, but does it always go according to plan? Is there a way of getting rehabilitation back on track if things go wrong? Our panellists are industry experts in CTP claims and rehabilitation and will be discussing what is and is not working in the NSW CTP scheme from a rehabilitation perspective. They will also discuss an alternative approach to rehabilitation and possible enhancements to the CTP scheme which could help bring the concept to life.

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

WARNING: DISTRESSING CONTENT

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

Over the course of this session, the expert panel considers a number of ethical and practical issues relating to costs from both plaintiff and defendant perspectives. Topics covered includes class actions, indemnity, claim farming and contingency fees

This session was recorded on 29 August 2025 as part of the Specialist Accreditation Conference 2025.

This session will consider perspective, pragmatism, and priorities in navigating domestic and international commercial disputes that have a nexus to New South Wales. An expert panel will offer a variety of perspectives in discussing emerging trends in procedure, as well as observations and best practice in litigation, mediation, arbitration, and expert determination.

Join 2023 President of the Law Society, Cassandra Banks, who will moderate a diverse and expert panel on how the legal system affects children and how lawyers and the legal profession may best work with children.  Children are subject to civil and criminal laws that have been developed to address their welfare needs, community protection and contractual relationships. Children can be held responsible for a crime from the age of ten yet they may not be asked to contribute to care plans or to provide informed consent when entering contracts. Their conduct, their parental orders and their disputes must be negotiated by lawyers through dispute resolution or in court.

This session will look at how lawyers may work to better protect children and the positive actions they may take when working with children. The specific needs of indigenous children within our legal system will be discussed, including consequences of the crossover between care and criminalisation. More widely, the need for lawyers and legal systems to intervene earlier to prevent distress, injury and trauma and where NSW sits within an international approach to issues between children and the law. 

This panel discussion will focus on working with complex cases that involve workplace trauma injuries, including trauma experienced by first responders. It will cover the issues affecting accurate diagnosis, such as the contribution of preexisting conditions and client vulnerability. PTSD and complex PTSD and their manifestations will be explored in the context of diagnosis and compensation issues. The session will also consider the information required by an independent medical examiner, and the criteria for reliable medical assessments. The panel will highlight practices for: ensuring legal processes and medical assessments are trauma informed; managing permanent impairment issues and the permanent impairment threshold; and effectively identifying causation.

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

WARNING: DISTRESSING CONTENT

This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025.

WARNING: DISTRESSING CONTENT

Viewers are advised that various Conference sessions contain graphic details that some may find distressing, including but not limited to references to sexual offences, PTSD and violence. Please review the program and use your discretion before proceeding.
 
If you have experienced sexual assault, domestic or family violence and require assistance, please contact 1800RESPECT (1800 737 732) to speak with a counsellor from the National Sexual Assault and Domestic Family Violence Counselling Service. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. 

For property lawyers advising on strata matters, the legal landscape is complex. Current issues and obstacles include the tension between the rights of owners and of owner corporations, the protection of the contracting interests of both purchasers and developers, and the state government’s push for high-density development. This panel discussion will highlight several critical issues for clients, including liability for costs in disputes; the right to access information; and rights in disputes involving neighbours. For solicitors, the panel will explore issues such as managing conflicts of interest in regard to client representation, and managing communication with strata committees. Have the recent legislative changes cleared a path to sustainable home ownership under the strata regime? Hear the panel's insights on this.

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

Spec Acc Conf 2024 - Property

How is climate change affecting the practise of law for property lawyers? How do you manage the risk of climate change? What does due diligence mean for the lawyer when climate change effects – current or potential – are factors in the lease or sale of land? How does past or potential flooding or fire impact on disclosure, zoning certificates and the development of land? What are the opportunities arising from the transition to renewables for property lawyers? This session will discuss how climate change is already impacting the profession, and what the future might look like for property law. Hear from speakers with backgrounds in agricultural leasing, renewables, conveyancing and the application of Division 7 of Part 3 of the Conveyancing Act 1919 (NSW), the Reconstruction Authority, water licensing and allocations, and climate change policy.

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

Spec Acc Conf 2024 - Property