There is an increasing emergence of child protection issues in matters before the Family Court and Federal Circuit Court of Australia, as recognised by innovations such as the Evatt List and the Lighthouse Project. In many FCFCOA registries matters involving family violence, mental illness and also substance abuse are now common. As the lines between the jurisdictions blur, what can family law practitioners learn from their colleagues in the Children’s Court? Join Elanor Canning as she examines the increasing convergence of different areas of law within singular matters. 

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. 

Hear from Denis Barlin, a Doyle’s Guide-recommended barrister, about issues relating to business succession planning. Topics covered will include transferring wealth and control held subject to a trust, asset protection, and taxation.

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

In a series of cases, and most notably the landmark High Court decision in Kennon v Spry [2008] HCA 56; (2008) CLR 366, courts have found that, in certain circumstances, trust property can constitute ‘property of the parties to the marriage’ for the purpose of s79 of the Family Law Act 1975 (Cth). Through detailed case studies, the presenters aim to elucidate key concepts and arm practitioners with the necessary knowledge to guide them through this often complex, and quickly evolving, area of family law practice.

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

Spec Acc Conf 2024 - Family

This on demand pre-recorded webinar will undertake to analyse the most pressing and recent high net worth family law cases and appeals, exploring the facts and legal principles inherent to such matters. After which, the session will assess the notable trends and themes emerging from such cases as they grapple with the evolving nature of high-net-worth individuals and families. The most recent ‘big money’ cases and appeals recognise the complexities of modern-day wealth, and this session seeks to communicate a broad understanding of the financial themes necessary in navigating the evolving landscape of family law for those of substantial wealth.

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

Spec Acc Conf 2024 - Family

In this session, Emma Cameron delves into the importance of establishing causation in negligence cases.  Ms Cameron offers a detailed overview of a recent Victorian Supreme Court case in which there were claims in tort and contract against a valuation firm; Payton Securities Pty Ltd v Bertacco Ferrier Pty Ltd [2022] VSC 394. She explains the Court’s decision that, as it was not the plaintiff who retained the valuer, the claim in contract failed. Ms Cameron also comprehensively examines the Court’s finding that the standard of reasonable care is not a standard of perfection and that a Court must be able to conclude that no reasonable valuer could have made the same mistake or reached that same conclusion. Ms Cameron also analyses the Court’s finding that although the valuation firm fell short of the standard of care, there was no causative effect on the loss. Additionally, she then considers the key takeaways from this case for NSW practitioners.

This session was recorded on 6 February 2025 as part of the Important issues for in-house lawyers: mandatory rule 6.1 - live webinar.

Changes to Australia’s privacy and data security regime – Amber Cerny, Corporate Law Partner, EY Oceania

In this session you will get an update on changes to Australia’s amended privacy and data security laws.

We will also cover what the changes mean for you:

• How leading inhouse counsel are supporting their businesses to be compliant with the laws.
• How best to identify and mitigate risks.

This session was recorded on 31 October 2023 as part of the Clean energy law: The Safeguard Mechanism under the NGER Scheme - live webinar.

The Safeguard Mechanism was introduced under the former Coalition Commonwealth Government, to prevent emissions from skyrocketing with the removal of the carbon tax.  

In July 2023, the Government reformed the Safeguard Mechanism, introducing declining baselines, an absolute cap on emissions and stronger reporting requirements.  

Join Olivia Kilponen and Dylan Orsborn from the Department of Planning and Environment for a live webinar as they examine the current requirements under the National​ Greenhouse and Energy Reporting Act 2007 (Cth) and its interaction with existing NSW legislation and policy initiatives​​. This presentation will: 

• Provide an overview of the Safeguard Mechanism, focusing on the recent reforms.
• Discuss the Safeguard Mechanism’s potential interaction with regulation and policy developments in NSW.
• Consider criticisms of the Safeguard Mechanism including that facilities will be subject to multiple ‘layers’ of regulation for greenhouse gas emissions.

The session will cover the particularisation of the ‘new’ offence, and the role ‘culture’ may play in the prosecution and/or defence of a coercive control charge. It will also look at the importance of family law cases in the area of coercive control, namely, but not limited to, Morton & Beatty [2022] FedCFamC2F 784, Gadhavi & Gadhavi [2023] FedCFamC1A 117, and Ramzi & Moussa [2022] FedCFamC2F 1473, as well as evidence gathering across both criminal and family jurisdictions.

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

Spec Acc Conf 2024 - Family

Fires in high rise towers (including the Grenfell Tower in London and Lacrosse in Melbourne) have brought notoriety to a popular façade finish known as aluminium composite panels (‘ACP’), and have seen legislative and regulatory amendment introduced in most states to prohibit the use of so-called ‘combustible cladding’. This has also seen building owners question the design and approvals process whereby such cladding was permitted and used in the buildings’ construction. Inevitably, litigation has ensued, with architects, engineers, certifiers, suppliers, subcontractors and head contractors the typical targets. The presenter will discuss these issues, the recent authorities that have considered them, and the implications for property owners.

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

Spec Acc Conf 2024 - Property

This session will outline the main entities involved in commercial property transactions. It will contrast property transactions involving the sale of shares in the selling entity with typical real asset sales. Issues affecting certain types of entities will be discussed, such as Foreign Investment Review Board considerations; GST, including applicability or exemptions available; limitations on tax concessions for certain trusts and companies; and foreign surcharge duty/land tax considerations, particularly if the discretionary trust structure is used. Discussion will also include SMSFs, exemptions from the usual vendor warranties under the Conveyancing Act 1919 for certain types of sellers/contracts, application of vendor warranties under that Act for transactions involving lessees under long-term leases, and recent case law.

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

This session was recorded on 6 March 2025 as part of the Key knowledge for commercial lawyers: Mandatory rule 6.1 – live webinar.

Competition and consumer law case update – David Fleming, Partner, HWL Ebsworth

This case law update will provide you with important insights from a selection of recent competition and consumer law cases. 

Keeping up to date with competition law developments is crucial for Australian businesses. Jacqueline Downes, Head of the Competition and Consumer Regulatory Group at Allens, will look at the current state of play in key areas of ACCC enforcement such as mergers, greenwashing, and employee restraints, as well as key recent decisions in the areas of cartel conduct, advertising and misleading and deceptive conduct, and retail price maintenance. Jacqueline is listed as a leading competition and antitrust expert in Chambers Global, Chambers Asia Pacific (Band 1), Legal 500 Asia Pacific (Leading Individual), and Best Lawyers, Global Competition Review.

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

In this session Tony Cahill will discuss dilemmas highlighted by recent judicial pronouncements and legislative and regulatory reforms. The topics covered will include the distinction between put and call options and conditional contracts, and part deposits compared to penalties. Tony will consider what it means to be ready, willing and able to issue a Notice to Complete, as well as the timing and extent of purchase due diligence.

This session was recorded during the Specialist Accreditation Conference 2023.

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

Topics covered include:

• Estate planning involving trusts and companies
• Hedging against family provision claims
• Loans from the bank of Mum and Dad
• Hotchpot and equalisation clauses

If the key is the identification and valuation of the property of the parties, how can the litigation process be tailored to progress the objective of the expeditious conclusion of complex financial disputes? Most practitioners know what a complex property matter is and have conducted one themselves. However, not everyone is familiar with how to use its parts to achieve a result. This session will assist in taking the leap to gain the third eye in complex matters.

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

Spec Acc Conf 2024 - Family

Join us for a session examining complex family provision matters that can arise in blended families. The topics covered in this presentation include the 'wicked’ stepparent; first family v second (or subsequent) partner; expectation v entitlement; adequate and proper provision; and planning ahead – section 100 statements and other documents.

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

Intellectual property rights are an important and often valuable class of intangible assets used within businesses. The issues which arise in relation to intellectual property rights in the context of mergers and acquisitions can be complex, and the consequences can be dire when valuable intellectual property rights are not properly assigned to the buyer in a sale. This session will cover complex IP issues in the context of business sales including ownership and licensing issues, as well as contemporary issues which have arisen with the increased use of artificial intelligence within businesses.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

This session will look at navigating complex probate applications. Presenter Jennifer Vuu will cover a range of topics including cessate probate, inoperative wills, nominee grants and grants to syndics. The session will also provide practical tips for hitting the mark. 

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

Spec Acc Conf 2024 - Wills and Estates