A Kennon argument is essentially an argument that family violence perpetrated by one party has made the contributions of the other party (usually the wife) more 'arduous' and that family violence has had a 'significant adverse impact' on that party’s contributions. It specifically relates to contributions made under section 79(4) or section 90SM(4) of the Family Law Act 1975 (Cth). This presentation will examine the evidentiary burden in running this argument, recent decisions and appeals, and Australian Law Reform recommendations. 

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 examines the mandatory disclosure regime for off the plan contracts. Vanya Lozzi covers the changes introduced in December 2019, including the 10 day cooling-off period, the retention of deposit by the agent, lawyers or conveyancer’s trust account, and the new disclosure statement. The presentation also consideres key cases since their introduction, and the effect on purchaser rights, vendor obligations and defaults. 

Please note that not all questions asked by the live audience are clearly audible.

Join Dr Yega Muthu as he considers the increasing use of restrictive practices in hospitals for mental health patients and the impact of these practices, despite the principle of least restrictive care under the Mental Health Act 2007 (NSW). The session will examine the types of restrictive practices, such as seclusion, restraint, involuntary acute medication and limiting leave from hospital, the criteria for their application, and will discuss how restrictive practices should be person-centred, the least restrictive option for the shortest time, reduced and eliminated where possible, monitored, and reviewed regularly. Dr Muthu will further reflect on how the treating team must balance safety from harm and freedom of choice of an involuntary patient. 

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 session will examine the increasingly litigious area of institutional abuse law in Australia. Institutional abuse law is a changing landscape with several matters before the High Court in 2023. The impact and uncertainty that this landscape creates is felt by survivors and the lawyers acting for them. The 2017 $370 million Royal Commission into institutional responses to child sexual abuse resulted in the abolition of the Ellis defence in NSW but has not prevented the threat of permanent stay applications. While the Courts have offered some clarity in the relationship between clergy and abusers and in setting aside previous settlements, issues continue to arise and there is significant jurisdictional variation in the assessment of damages. 

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 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 session will consider recent cases that have appeared in the Real Property List in the Equity Division of the Supreme Court of New South Wales. Cases discussed cover topics such as rectification, e-conveyancing and caveats, effective charging clauses, statutes of limitations and mortgages, s 66G of the Conveyancing Act 1919 (NSW), trust law, and costs.

This session was recorded during the Specialist Accreditation Conference 2023.

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. 

This recorded webinar was originally part of the Mandatory Rule 6.1 for In house counsel

Topics include:

• Why is ESG important?
• What does ESG look like for companies?
• Key risk areas

Tim Stutt, Australian lead ESG, Herman Smith Freehills

Amendments to the unfair contract terms (UCT) regime are due to take effect from November 2023 and bring significant changes that practitioners need to be aware of. Most notably, the amendments will make unfair contract terms illegal, rather than simply voidable, and such terms will be subject to the significant penalty regime in the Competition and Consumer Act 2010 (Cth) and ASIC Act 2001 (Cth). This session provides an overview of the regime, the proposed amendments which broaden the scope of the regime, and key 'unfair' terms to watch out for.

This session was recorded during the Specialist Accreditation Conference 2023.