Monday Briefs 12 December 2022

Align
Right

Your weekly professional update

PRESIDENT'S MESSAGE
It’s beginning to look a lot more busy 

As if it hadn’t been a busy enough 2022 already, last week was packed with great opportunities to get together and thank members who are so important to what makes the Law Society of NSW the vibrant and effective organisation it is. Here’s a short diary. Continue reading >

 
NEWS
Commencement Services for 2023 Law Term
Please click here for information on the commencement services for the 2023 law term. Details of the Islamic Service and Coptic Orthodox Divine Liturgy will be provided when made available.
Law Society holiday closure
The Law Society of New South Wales will be closed from close of business Friday 23 December 2022 through to Friday 6 January 2023. During this period, the Law Society will operate with a skeleton staff who will service specific licensing functions. The Law Society’s Phillip Street building and most services to the profession and public, however, will be closed. 
End of Year Celebrations and Personal Conduct
John McKenzie, NSW Legal Services Commissioner, has issued this statement regarding conduct at end of year celebrations: "As many of us come together to celebrate the end of the year in person it is a good opportunity to socialise again after some years of restrictions. Everyone has the right to personal safety and the great majority of legal profession members will act accordingly with care and respect for each other." Continue reading >
Specialist Accreditation | Registrations now open for the 2023 Program
Registrations are now open for the 2023 Specialist Accreditation Program. Specialist Accreditation can take your career to the next level where you can join an elite group of recognised experts. Areas of law on offer for 2023 are Business Law, Children’s Law, Commercial Litigation, Criminal Law, Family Law, Property Law and Wills & Estates. Apply today. 
Call for participants - ILP DIRECTORS Research Project  
This is an invitation for lawyers who hold the role of a director in an Incorporated Legal Practice (ILP) to participate in a research project exploring the real-world experience of holding the dual role of legal practitioner and director of the ILP. Email to obtain full details on the study with no obligation. If you agree to be involved, you will participate in an interview conducted at a location convenient to you (or online). The interview will last less than one hour. To find out more, email Karina Murray, PhD Student, University of Wollongong km501@uowmail.edu.au.
Festive feast and Christmas treats
Celebrate the festive season with our special holiday hampers available throughout December. Treat yourself (and your loved ones) with the limited edition Festive Foodie Feast Hamper, to sort out your Christmas day, and Christmas Treats Hamper, so you can stock up on your classic Christmas goodies. Click here for the full hamper details and to place your orders.
WHAT'S ON
Life cycle of a family provision claim in NSW: A practical walkthrough – live online workshop
Friday 20 January 2023
Embracing hybrid work: Mandatory rule 6.1 – live webinar
Wednesday 1 February 2023
Opening of Law Term Dinner
Wednesday 1 February 2023
SAVE THE DATE
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
PRACTICE AND PROCEDURE

Latest NSWCA Decisions of Interest Bulletin
The latest edition of the Court of Appeal’s Decisions of Interest Bulletin is now available here

Revenue NSW - First Home Buyer Choice (property tax)
A reminder that you can register for the webinars being run by Revenue NSW on the FHBC here

Revenue NSW – First Home Buyer Choice (property tax) update
Revenue NSW have published resources: 

  • First Home Buyer Choice on how the scheme works, including eligibility, residence requirements, foreign surcharge implications, the application process, and off the plan contracts first signed on or after 11 November 2021.
  • Property tax which focuses on calculations, the assessment process, change in use, special treatment for certain land and clearance certificate information (see heading “Selling your property”). 

A practitioner guide to First Home Buyer Choice has also been published on the Professional Resources Duties guides page.  

Transition to digital plans 
NSW LRS advises it has been working on an ‘Industry Guide’ for Release 3 of NSW LRS Connect (which involves a decommission of ePlan and will allow the lodgement of plans via NSW LRS Connect). This information page contains certain readiness tasks for stakeholders including legal professionals in the lead up to the go-live. LRS anticipates a full release in approximately April 2023. 

District Court Amendment Bill 2022
The District Court Amendment Bill 2022 passed Parliament on 16 November 2022 and assented on 25 November 2022. The District Court Amendment Act 2022 will commence on 16 December 2022. Upon commencement, the District Court Act 1973 will be amended to increase the jurisdictional limit: 

  • in civil proceedings from $750,000 to $1,250,000
  • in equity proceedings from $20,000 to $100,000, and 
  • in proceedings relating to a temporary injunction for breach of a negative stipulation in contract, from $20,000 to $100,000. 

The increased jurisdictional limits will only apply to proceedings filed after commencement.  

Children’s Court of New South Wales Practice Note 17 
Please click here to read the Children’s Court of New South Wales Practice Note 17 ​​​​Designated agencies in Children’s Court care proceedings that was issued 2 December 2022 and commences on 9 January 2023. The Practice Note applies to care proceedings where the primary case responsibility for the care of a child has been transferred to a designated agency under s 49 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

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Library and Visiting Solicitor Rooms Holiday Closures
​​​​​​The Library and Visiting Solicitor Rooms will be unavailable on Tuesday 20 December 2022 due to a stocktake. All Library services and access to the Visiting Solicitor Rooms will conclude for the year at 12pm on Friday 23 December 2022 and return at 9am on Monday 9 January 2023. Where possible, please submit all library requests for assistance to library@lawsociety.com.au by 4pm on Friday 16 December 2022.

LEGAL UPDATES powered by LSJ
DE FACTO RELATIONSHIPS
Duel to the death: De facto relationships and disputes over inheritance
By Jennifer Vuu ​​​​​​>
RISK AND ELDER LAW
Testamentary capacity and the role of the solicitor
By Jen McMillan ​​​​​>
IN THE PRESS
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