This session was recorded on 24 February 2023 as part of the NSW revenue law: One day intensive – live webinar.

This course will comprise six sessions.

Click here to view the full program

Topics covered:

New South Wales Revenue Law: the Big Picture – Commissioner Cullen Smythe, Commissioner of State Revenue, Revenue NSW

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. 

Ethical scenarios in litigation – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul will walk you through ethical considerations relating to your duties and obligations in the following areas:

• the regulatory environment;
• dealing with the client;
• dealing with the Court;
• dealing with solicitors; and
• dealing with other parties.

Beware to declare: NSW duty traps on Acknowledgement of Trust – Lisa To, Partner, Bartier Perry Lawyers

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.

Surcharge purchaser duty and land tax – Andrew Rider, Barrister, Level 22 Chambers

This session will provide a structured framework for understanding surcharge purchaser duty, land tax compliance obligations and responding to compliance queries, including:

• getting 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. 

Costs assessment – Joe Rose, Principal solicitor, Rose Legal Costing

This session will focus on:

• the essential rules and principles that legal practitioners should know in respect of costs;
• typical pitfalls in preparing costs;

• costs disclosure;
• basic costs principles;
• best practice in time recording;
• methods to determine the gap between what your client has paid and what you can recover from the other side; and
• recent costs determinations.

Statutory interpretation for revenue lawyers – Igor Mescher, Barrister and Lecturer, University of New England

This session will cover:

• principles of statutory interpretation;
• a general approach to interpretation of taxing provisions; and
• court interpretation of: 
  • contestability and arbitrariness of taxes;  
  • retrospectivity and taxation legislation;
  • tax avoidance schemes; and
  • exemption, exception, objection and review provisions.

This session was recorded on Wednesday 1 March 2023 as part of the Key knowledge and skills for family lawyers: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by family law practitioners, while earning four CPD units. This course is designed for family lawyers will comprise four sessions:

Case update – Monique Robb, Partner, Lander & Rogers 

This session will cover a review of recent case decisions relevant regarding:

• unacceptable risk (Isles & Nelisson [2022] FedCFamC1A 97);
• de facto relationships (including Fairbairn v Radecki [2022] HCA 18);
• contempt of court;
• estoppel; and
• practice and procedure.

Legal ethics – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session, you will explore ethical issues that can arise in your daily practice. Linden Barnes will identify important cases that will assist you in determining your professional responsibilities. Linden offers a detailed summary of the facts of each case, analyses the judgment, and discusses the wider implications of these decisions. This will be an interactive session as Linden encourages active participation, so bring along your questions!

Handling clients’ emotions in family law – Sheridan Emerson, Partner, Pearson Emerson Family law and Sarah Yigit, Associate, Pearson Emerson Family Law 

In this session you will learn about:

• methods for handling various types of emotions, including frustration, sadness and anger;
• how to identify skills for communicating with clients who are experiencing emotional anguish or hardship and guidelines for dealing with different situations;
• ways to consider the importance of empathy and understanding when working to deliver the best level of client care;
• how to develop a deeper understanding of managing the need for frank advice with the impact of that advice on the client;
• Skill implementation from practice-based experience;.  
• the importance of self-care and how to protect yourself from the anguish of your clients.

Practice Management & Family Law – Jacqueline Dawson, Principal Solicitor, Sexton Family Law & Janine Daher, Associate Director and Accredited Family Law Specialist, Sexton Family Law

This session will cover:

• Statutory obligations when running a practice;
• Managing people – staff and clients;
• Managing business and workflow processes within the office.

This session was recorded on 28 February 2023 as part of the Essentials for environmental and planning lawyers: Mandatory rule 6.1 – live webinar.

This course is designed for planning and environmental lawyers will comprise four sessions as follows:

Marketing essentials for planning and environmental lawyers – Kristin Hancock, Director, Font & Swatch, Christopher Melotti, Message Marketer, Melotti Media and Mike Sandys, Managing Director, Oddball Marketing 

In this session, an expert marketing team will examine the concept and practice of marketing including: 

• why it is fundamental for your firm and in practising in planning and environmental law;
• ways to differentiate brand in a highly competitive market;
• engaging a target audience and creating trust; and
• key actions to improve your brand messaging and digital presence

Legal ethics – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW 

In this session, you will explore ethical issues that can arise in your daily practice. Linden Barnes will identify important cases that will assist you in determining your professional responsibilities. Linden offers a detailed summary of the facts of each case, analyses the judgment, and discusses the wider implications of these decisions. This will be an interactive session as Linden encourages active participation, so bring along your questions!”

Introduction to the Climate Change Act 2022 (Cth) – Mark Seymour, Barrister, Martin Place Chambers 

In this session gain an understanding on recent legislation through: 

• an introduction to the Climate Change Act 2022 (Cth);
• state government actions in light of the Commonwealth government goals in setting targets; and
• an analysis of the current debate over the Safeguard Mechanism

Drafting and implementing environmental management systems – Elizabeth Wild, Partner, Norton Rose Fulbright 

In this session, learn specific skills in drafting by gaining understanding around: 

• what are EMSs and EMPs and when are they required?
• what is the lawyer’s role in drafting EMSs and EMPs?
• what have the courts said about EMSs and EMPs?

This session was recorded on 14 March 2023 as part of the Property law: One day intensive – live webinar. 

Join industry experts for this full day online program as they discuss a range of issues faced by property lawyers.

Topics include:

The regulatory responsibilities solicitors have relating to legal costs – Nick Satouris, Professional Support Solicitor, Professional Support Unit, The Law Society of NSW

This session will take you through costs considerations involving:

• costs disclosure;
• cost agreements;  
• cost recovery; and
• cost assessment and billing in so far as it affects your daily practice.

Legal ethics – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session, you will explore ethical issues that can arise in your daily practice. Linden Barnes will identify important cases that will assist you in determining your professional responsibilities. Linden offers a detailed summary of the facts of each case, analyses the judgment, and discusses the wider implications of these decisions. This will be an interactive session as Linden encourages active participation, so bring along your questions!”

Hot topics in residential construction law – Vikram Misra, Barrister, Clarence Chambers

This session will cover:

• owner’s right to terminate a residential construction contract in the context of builder delay and an analysis of some case examples;
• what to be aware of when advising on termination;
• practical guidance on relevant evidence required by the Court;
• drafting Builder’s caveats to avoid statutory non-compliance;
• security of payment in NSW in the context of owner occupier construction contracts.

Negotiating a Lease Proposal –  Leisha de Aboitiz, Partner, Massons and Joseph Consalvi, Senior Associate, Massons

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”.

Exploring issues arising from the NSW legal reform to understand the way in which cladding liabilities and issues are evolving in NSW – David Bannerman, Principal, Bannermans Lawyers

This session will explore the following critical issues:

• the Grenfall Tower fire – reactions in NSW and more widely;
• Project Remediate – a dissection;
• cladding law matters in the context of the:

    - Home Building Act 1989
     - Design & Building Practitioners Act 2020
     - Residential Apartments Act 2020; and

• an update on the relevant class actions.

Make no error: rescission of a contract for the sale of land, on the basis of Flight v Booth [1834] EngR 1087, endures! – Sydney Jacobs, Barrister & Mediator, 13 Wentworth Chambers

This session will consider:

• diversity of cases where the Flight v Booth principle has been applied e.g. tombstones, auctioneer’s conditions of sale, drains, sketches attached to contracts for sale “off the plan”;  
• the intersection of Flight v Booth , Notices to Complete and repudiation;
• legislation that embodies the idea of Flight v Booth;
• the intersection of Flight v Booth and the Australian Consumer Law;
• re-occurring factual scenarios (other than the above) where Flight v Booth is worth considering when a purchaser wishes to rescind a contract for the sale of land, such as contractual promises by a developer of a strata scheme made in contracts for sale “off the plan” to build common property to a particular standard.