This will be an interactive session in which some topical issues will be raised for discussion. The speaker, the Honourable Philip Hallen SC, also welcomes any questions/topics which an Accredited Specialist would like to discuss, bearing in mind the session time available.

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

Spec Acc Conf 2024 - Wills and Estates

Caveat litigation is fast paced, requiring solicitors to make high-level tactical decisions under time pressure which will have significant consequences for their client. This seminar will traverse advanced issues and strategies in caveat litigation by considering common scenarios practitioners can expect to encounter and will provide the legal framework and strategies for achieving the best outcome. Topics covered will include withdrawal under s 74MA of the Real Property Act 1900 (NSW) (the Act), considerations relating to applications to extend or withdraw a caveat, and the role of substitute security for the caveat. The seminar will also touch on compensation under s 74P of the Act, professional obligations regarding lodgement of caveats, and how to effectively brief counsel on urgent applications.

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

Spec Acc Conf 2024 - Property

This session focuses on the many possible avenues for dispute resolution in property matters. This includes 7.2.3 of the Law Society Contract, Section 66 of the Retail Leases Act 1994 (NSW), NCAT mediations regarding strata matters, and Lawcover mediations where a solicitor is accused of negligence. It also includes ASBFEO mediations and arbitrations for franchise/property disputes, “genuine steps” requirements in the Federal Court, Land & Environment Court conciliation conferences, Building Management Committee expert decisions, local councils’ facilitations regarding DAs, and expert referrals in a variety of matters.

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

Spec Acc Conf 2024 - Property

The escalating costs of litigation compel an increasing number of litigants to seek Alternate Dispute Resolution (ADR). This can take the form of arbitration, mediation and collaborative interaction between solicitors. To attract litigants to any of these alternate dispute resolutions, confidence in the lawyers conducting the ADR is enhanced by the knowledge that not only are their legal representative and other lawyers participating practitioners who are knowledgeable in the Federal Circuit and Family Court of Australia process but, importantly, can assist their clients in attaining a speedy and cost-effective resolution with minimal emotional and financial costs. Specialist accreditation is a vital step towards gaining the confidence of litigants to embrace ADR. 

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. 

In this session, Joanne Wade will examine the current landscape of asbestos-related law. Attendees of this presentation will gain a comprehensive understanding of the recent court decisions and emerging trends in damages in asbestos claims across Australia. The presentation will provide valuable insights and knowledge that can be applied to legal practices and overall decision-making processes in the context of asbestos-related litigation. 

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. 

When is it appropriate to award damages for funds management? This session looks at what it means to be incapable of managing one’s affairs and explores the evolution of funds management as a head of damage, including claims involving people whose incapacity has not been caused by the negligent tortfeasor. The session will also deal with quantification of damages for funds management, the tension between the costs charged by private trustees and the public interest in keeping insurance premiums affordable, and the author’s suggestion for reform. 

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. 

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 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.

The complexity of family provision claims is amplified when assets and the deceased person, or both, are located across multiple jurisdictions. This session delves into the often-convoluted landscape of multi-jurisdictional family provision claims, exploring the legal challenges and practical implications. The session will examine the unique issues that emerge when family provision claims cross jurisdictional boundaries, delving into the complexities of determining the applicable law and jurisdiction. Drawing on a range of case studies, the session will analyse the nuances and disparities in legal frameworks and judicial interpretations, and address practical strategies for practitioners to effectively manage multi-jurisdictional family provision claims.

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

Spec Acc Conf 2024 - Wills and Estates