This session covers the rise of affirmative consent laws. To provide context, Will Tuckey discusses the old law before delving into the campaign for affirmative consent laws and the subsequent NSW amendments. Furthermore, Mr Tuckey provides a comparison of these laws with those of other Australian jurisdictions.

WARNING: DISTRESSING CONTENT 

This recorded webinar was originally captured during the Specialist Accreditation conference 2021 - Family Law stream. 

In this session, experts who practice in one or more of each of the above ADR processes will give practical advice on the following issues:

• What ADR processes exist (excluding arbitration) and what they each entail
• Lawyer negotiation, mediation, lawyer assisted mediation, collaborative practice
• Which processes you should use for which cases, and how to prepare yourself and your client

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.

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. 

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.

Join barrister Vikram Misra as he examines the functions and form of caveats. Topics discussed will include drafting caveats effectively, duties of a “subscriber” under the NSW Participation Rules for Electronic Conveyancing, caveatable interests in property law and compensation under section 74P of the Real Property Act 1900 (NSW). The session will also cover common mistakes and misconceptions regarding caveats, and tips when briefing counsel on urgent caveat applications.

This session was recorded during the Specialist Accreditation Conference 2023.

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.

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

What makes a property matter complex? In this session we will review the many and varied ways in which a property matter might be considered complex, recent case law in complex matters, the role of the solicitor in managing complex property settlements, and practical issues and resource management in complex 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. 

Join presenter Margaret Pringle as she examines complex trust issues, covering topics that include the construction and amendment of trust deeds and cy-près applications. The session will also cover the application of Part 3, Division 3 of the Trustee Act 1925 (NSW) and will also look at applications for judicial advice under section 63.

This session was recorded during the Specialist Accreditation Conference 2023.