Statutory interpretation; judge-made law; remedies

The way in which inheritances are treated in family law has been, and continues to be, a challenging one. Contention as to whether they are an asset or financial resource (or neither), contributions issues, timing, and how they affect the overall division of the assets arises in many matters. This session will explore those issues, the application of the legislation, and recent cases, with a view to providing guidance as to how inheritances are dealt with in the context of a relationship breakdown. 

This session was recorded during the Specialist Accreditation Conference 2023.

DISTRESSING CONTENT 

Viewers are advised that this course may contain details that some may find distressing. Please review the course description and use your discretion before proceeding. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. 

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

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. 

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

This session will provide an update on New South Wales foreign surcharge purchaser duty and land tax, discuss the impact of Australia’s double-tax treaties with other countries and identify who is now exempt. Other topics covered will include getting the 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.

This session was recorded during the Specialist Accreditation Conference 2023.

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

Join us for an enlightening session where we'll explore, in an interactive way, strategies for navigating family provision claims in farming cases, equitable trust issues, and the strategic use of deeds under Section 95 of the Succession Act.

This session was recorded on Friday, 11 October 2024 as art of the Rural and Private Practice stream as part of the Annual Conference 2024.

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.