Monday Briefs

24 August

Your weekly professional update

24 August 2020
PRESIDENT'S MESSAGE
Annual election of Law Society Councillors

Eligible members who have provided the Law Society with their email address should have today received a notice formally announcing the commencement of the process for the annual election of Law Society Councillors.

The Law Society Council governs the Law Society, in accordance with our Memorandum and Articles of Association, the Legal Profession Uniform Law (NSW) and the Corporations Act 2001. Our Council guides the objectives and policies of the Law Society, monitors its performance, and delegates its authority over various matters to a network of Committees. Our Councillors represent a cross-section of both the profession and the community and are ideally placed to consider the issues and pressures solicitors face, to identify opportunities to strengthen the profession, and help our members adapt to the changing demands of practice. Continue reading >

 
 
NEWS
What’s next for justice in a viral world?
The Australasian Institute of Judicial Administration (AIJA) Online Conference Series, in collaboration with the Law Society will explore the technological, psychological and personal challenges for everyone involved in legal proceedings during this pandemic and ask what’s next for justice in a viral world? Register now for five weekly online sessions from 26 August.
Nominate now for the President’s Medal 2020
Do you know a NSW solicitor who has made a significant personal and professional contribution to the improvement of law and justice in the community? Nominate them for the Law Society of NSW President’s Medal 2020.
John Koowarta Reconciliation Law Scholarship 2020
Applications for the 2020 John Koowarta Reconciliation Law Scholarship are now open. For further information about the scholarship or to apply, click here.
Food delivery service to help FoodBank
There's still time to order – choose between slow cooked beef brisket rubbed with chipotle and coffee, with cheesy cauliflower and paprika bake followed up with pistachio cake, passionfruit curd and whipped cream cheese or truffled chicken lasagne with white wine and porcini mushrooms, ready-to-bake peanut brittle cookies, and ‘Hot Mess’: clusters of sweet and spicy caramel-coated popcorn and nuts for snacks. Order by 8am Tuesday for Friday delivery and don't forget to check the new menu every Tuesday morning. All profits go to support the 2020 President's Charity FoodBank NSW & ACT.
 
 
WHAT'S ON
Thought Leadership series: Defamation reform – in pursuit of balance
31 August 2020
FLIP Stream: Change Leadership for Small Law Firms
1 September 2020
Managing technology and data risks
3 September 2020
Government Solicitors Week
7-11 September 2020
IBA 2020 – Virtually Together Conference
2-27 November 2020
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
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Latest edition of the Court of Appeal’s Decisions of Interest bulletin
The Decisions of Interest bulletin is a regular publication produced by the Court of Appeal, summarising appellate decisions from Australia and internationally. Read the latest bulletin here.
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Election of Councillors – Notice of Forthcoming Election
There are seven vacancies to be filled by election in the upcoming 2020 Council Election: one Large Firm Councillor, one City Councillor, one Suburban Councillor, one Government Councillor, and three Councillors (with each position for a three-year term). The eighth vacancy is to be filled by the appointment of a Young Lawyer Councillor for a one-year term in accordance with clause 8.1.8 of the Law Society’s Articles of Association. Nominations for the 2020 Council Election must be received by the Company Secretary of the Law Society not later than 4.00pm on Monday 21 September 2020. View the notice of election.
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District Court Practice Notes Civil No 1; Civil No 7 and Criminal No 20 commencement date 31 August 2020
His Honour Justice Derek Price AO, the Chief Judge of the District Court of NSW, has issued an updated District Court Practice Notes Civil No 1, Civil No 7 and Criminal Practice Note No 20, which have been Gazetted and commence on Monday 31 August 2020.
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Regulation of litigation funding schemes
Amendments to the Corporations Regulations 2001 (Cth) took effect on 22 August 2020, providing for the regulation of litigation funding schemes as managed investment schemes. The Legal Services Council has amended the Legal Profession Uniform General Rules 2015 with effect from 22 August 2020 so the prohibitions in s 258(1) and (3) of the Legal Profession Uniform Law do not apply in relation to litigation funding schemes now regulated as managed investment schemes. The new rule will operate for 12 months to allow for consultation. The NSW Legal Services Commissioner has also confirmed he will not take disciplinary action in relation to breaches of rule 41 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 where they relate to a litigation funding scheme covered by the amended Legal Profession Uniform General Rules 2015. See the Legal Services Council website for more information.
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Consultation on interest payable on fidelity fund claims
The Legal Services Council has issued a consultation paper proposing a new formula to calculate the interest payable on fidelity fund claims made under the Legal Profession Uniform Law. The interest rate is fixed at 5 per cent by s 243(2) of the Uniform Law in the absence of specific provision in the Uniform General Rules. More information is available on the Legal Services Council website.
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An investigation into the effectiveness of ATO communications of taxpayers' rights to review, investigate and appeal
The Inspector-General of Taxation and Taxation Ombudsman (IGTO) is investigating how effectively the Australian Taxation Office communicates appropriate information on taxpayers’ rights to review, complain and appeal decisions made and actions taken by the ATO. More information is available on the IGTO website. You can access a short survey here.
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Legal representative escalation process
The ATO recently reviewed the way it engages with legal practitioners representing clients in relation to tax and superannuation matters. As part of this review, the ATO consulted with legal practitioners to better understand the role they typically play with respect to taxation and superannuation and their priorities and timelines when dealing with the ATO. Please refer to the escalation process for time restrain cases or when a notice is received from the ATO regarding an error in documents.
Key points:
  • This escalation service is available when you are acting on behalf of your client in relation to Director Penalty Notices (DPN’s), S459e Statutory Demands, Windup Notices, Judgement Notices, Summons, Creditor’s Petitions, or Bankruptcy Notices.
  • This service is only available in instances where there is an error in a document/notice, or there is less than five business days for a response. Additional information for legal practitioners can be found on ato.gov.au.
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Diary note: Annual General Meeting
The Annual General Meeting of the Law Society of New South Wales will be held on Thursday 22 October 2020 at 4.30pm.
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SIRA Claims Cost Disclosure Portal is live
Claim Cost Disclosures under the Motor Accidents Injuries Act 2017 to be lodged via the online DRS Legal Portal has launched and is now live. Register here for training.
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Motor Accidents Compensation Regulation 2020
The new Regulation will come into effect on 1 September 2020 and applies to claims made prior to 1 December 2017. Regulated fees will be indexed in line with Consumer Price Index. The Regulation does not affect claims that occurred on or after 1 December 2017. Read more here
 
LEGAL UPDATES powered by LSJ
Taxation
Accountants vs lawyers: succession planning and restructuring
By Jim Main >
Property
A new duty of care: The Design & Building Practitioners Act
By Sebastian Brodowski and Patrick Wiggins >
 
IN THE PRESS
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YOUR MEMBER BENEFITS PROGRAM
Welcoming Telstra to your member benefits program
The Law Society of NSW is delighted to bring members a 15 per cent discount on all eligible mobile and data plans on Telstra Small Business accounts. Simply have a valid ABN and sign up to a Telstra Small Business Account.
Ensure business continuity with full local support
Continuity for your firm and your clients is essential in uncertain times. Be supported by professionals while you work from home and minimise business disruption. Now is the time to reduce your overheads and use local telephone answering, CBD mail management, IT, paralegal and administrative assistance. Find out more.
Stop the energy bill shock
Stop waiting and take control. This free comparison and switch service will find the best deal for you. All you need to do is take 10 minutes. With the average saving for business over $1,800, it’s worth it.
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