Monday Briefs

9 August 2021

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Your weekly professional update

9 August 2021
PRESIDENT'S MESSAGE
Authorised Worker list expanded

Following representations made by the Law Society (on behalf of our members) to the Attorney-General, the NSW Government has now added “critical legal services” to the list of authorised activities that enable people who live in the relevant Local Government Areas of concern to leave that LGA for work, if the business is allowed to be open. If you are living in an LGA of concern please have regard to the information on the NSW Health website. We are grateful to the Attorney-General for responding to the needs of our members who are providing critical legal services to clients. Continue reading >
 
 
NEWS
Don't miss out – The WFH phenomenon and an employer's obligations
Most of us are now working from home, but are any of us doing it right? Tune in this Wednesday 11 August as we explore the remote working phenomenon and the challenges it brings. Learn more and register
LSJ digital edition available now 
Due to the ongoing COVID-19 situation, we have made the decision to suspend the print editions of LSJ. The latest edition is available as a digital magazine which you can access now. The digital edition has the same look and experience as the print edition but can be enjoyed on your preferred device. 
Just Chat Episode 12 – Amani Haydar
Amani Haydar is a lawyer, artist, advocate and mother who has just released her first book, The Mother Wound: detailing the aftermath of the murder of her mother by her husband, Amani’s father in 2015. Amani tells Amy Dale about returning to her darkest days to pen the memoir and where she stands in the debate about criminalising coercive control. Listen now.
On the menu this week
This week, we're delivering a Moroccan Chermoula spiced BBQ chicken, well accompanied by Fattoush salad, sumac fried pita bread, and bookended by a deliciously indulgent Persian love cake spiced with nutmeg and heavy with rich almond meal. Order by 10am Tuesday for Friday delivery.
Legal issues associated with COVID-19 webinar
Join the discussion on 12 August, chaired by Professor Mary-Louise McLaws of the University of NSW – epidemiologist and expert in patient safety and outbreak prevention – and the panel as they explore what powers federal and state governments have to mandate or enact laws for citizens to be vaccinated or that treat citizens differently depending on their vaccination status. Learn more and register.
 
COVID-19 UPDATE
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NSW COVID-19 statistics
NSW recorded 283 locally acquired cases of COVID-19 in the 24 hours to 8pm last night from a record 133,000 tests. Sadly, one death was recorded in that same time period. 64 cases were infectious in the community and the isolation status of 71 cases remains under investigation. Check the latest confirmed exposure venues here. This information is being updated as cases are confirmed and locations are verified. More information on today’s statistics here.
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Tamworth enters lockdown
New restrictions will be introduced for the Tamworth Local Government Area, from 5pm today until 12.01am Tuesday 16 August. The rules for this area will be the same as those already in place across Greater Sydney, including the Central Coast, Armidale, Newcastle, Lake Macquarie, Maitland, Port Stephens, Singleton, Dungog, Muswellbrook and Cessnock. Details about the rules available here.
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Armidale Court update
In view of the Public Health Order announced for the Armidale region, the commencement of new jury trials in the Armidale District Court (the Court) will be temporarily suspended until 12.01am Sunday 15 August 2021. Current jury trials will continue. Other than the jury trials, there will be no personal appearances in the Court during the above period. Practitioners should contact the Court for AVL appearance details and listing confirmation. Follow District Court updates here.
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Local Court update
The Local Court has updated its memo with the following information for the Courts affected by restrictions. The affected Courts will no longer require any participant to appear physically (this includes committal proceedings). Audio Visual Link [AVL], telephone and written appearances are to be accepted. If AVL appearances cannot all be accommodated on a date matters should be adjourned/relisted to days that may better accommodate this.  All sentence matters requiring a custodial sentence are not to proceed and should be adjourned to a date beyond the current Public Health Order. Please note that Armidale and Tamworth Local Courts have been included in the memo based on the latest Public Health Orders.
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Court operations resume at the Downing Centre
Following advice from NSW Health, the Downing Centre is once again operational, following a brief closure last week due to a potential COVID-19 exposure. All District Court operations have resumed as of today (Monday 9 August) and listings are as usual. The Local Court is sitting in the following courtrooms today: Court 4.3 - General List, Court 4.4 - Registrar's Call-over, Court 4.5 - Charge List, Court 4.6 – Part-heard matter and to assist courts 4.3 and 4.4 if required; and Court 5.1 - Defended List.
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Protocols for virtual proceedings
Virtual proceedings are still formal environments and, wherever possible, the usual etiquette and protocols should be observed. The Supreme Court Fact Sheet on Virtual Courtrooms includes the following protocols as a guide for practitioners:
  • Be in a quiet and private location to limit interference from background noise.
  • Ensure that there is sufficient internet coverage and connection on your device.
  • Ensure all relevant materials to be relied upon have been made available to the Court beforehand.
  • Observe all normal court etiquette and protocols in the Virtual Courtroom environment.
  • Once you are connected to the Virtual Courtroom, please mute the audio settings on your device to prevent any unintended interruptions to court proceedings.
  • Refrain from speaking over each other as much as practical to accommodate the reduced social cues available, and to assist with the court’s transcription process.​​​​​​
Read the fact sheet here.
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Children’s Court update
The President of the Children’s Court has amended Children's Court Public Notice no. 10 as of 5 August 2021 in response to the Premier's announcement introducing lockdown restrictions to the Hunter and Newcastle region.
 
 
WHAT'S ON
LAWASIA Committee Webinar Month 2021
July - August 2021
2021 Mahla Pearlman Oration (online)
10 August 2021
Risky Business? A look at the WFH phenomenon and an employer's obligation
11 August 2021
First Nations Speaker Series
12 August - 9 September 2021
Family Law and Care & Protection Conference
13 August 2021
Mandatory Rule 6.1 – all law (live online)
18 August 2021
FLIP Buzzwords: Alternative Pricing
25 August 2021
Government Solicitors Conference 2021
7 September 2021
Practice management course (online)
13, 14 and 15 September 2021
President’s Medal 2021
Nominations close 29 September 2021
FLIP Conference 2021
13 October 2021
Rural Issues Conference 2021
29 October 2021
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
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Victorian Department of Justice and Community Safety invites submissions on how to construct a new mandatory reporting requirement for lawyers 
The Victorian Department of Justice and Community Safety has invited written submissions from the legal profession and the broader community on how to construct a new mandatory reporting requirement for lawyers to report the suspected misconduct of other lawyers. The Victorian Department is considering this proposal to respond to one of the recommendations of the Victorian Royal Commission into the Management of Police Informants (which considered the conduct of Lawyer X).
To view the consultation paper and make a submission, click here. The deadline for submissions is 5pm Friday 10 September 2021.
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Land Tax COVID-19 relief: 1 July 2021 – 31 December 2021
The NSW Government has introduced relief measures to commercial and residential landowners who provide a reduction in rent to a tenant experiencing financial distress due to COVID-19. The 2021 land tax COVID-19 relief measure is intended to reduce a landowner’s land tax payable for 2021, by up to 100 per cent, where rent relief has been given to the tenant. Read more.
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Reminder: important conveyancing changes from 11 October 2021
From 11 October 2021, conveyancing transactions will need to be completed electronically, finalising the shift to 100 per cent digital. All dealings, regardless of the date signed, will no longer be accepted for paper lodgment. Certificates of title will also be abolished on this date. Further information on the impact of the changes on practice can be found here.
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Email appearances in the Local Court of NSW during COVID-19 lockdown - template
The Chief Magistrate has approved this template as a standard email for appearances during the current lockdown. Practitioners are asked to keep their emails to 1-2 paragraphs and note that where practitioners fail to provide the email to the Registry by 3.00pm the day prior to listing, the matter will be marked as no appearance and dealt with accordingly. More here.
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Revenue NSW updates
The 2021 State revenue update is now available, containing useful information about surcharge purchaser duty and land tax, what’s new in revenue, common mistakes and useful cases. Two new Revenue Rulings have issued: DUT 050 Transfer of Primary Production Property Between Family Members and DUT 012v3 Evidence of value requirements and guidelines (updated regarding evidence of value where options are exercised).
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NSW Government COVID-19 Support Package Webinar for Tax Practitioners and Accountants – Monday 9 August   
The webinar will be held on Monday 9 August from 5pm to 6pm, regarding JobSaver, COVID-19 business grants and COVID-19 micro-business grants. You can join the webinar and Q & A session here. The webinar will be recorded and available on the Service NSW Youtube channel.
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Vale Bill Thompson OAM
The Law Society of NSW remembers the contributions of Bill Thompson OAM to the legal profession and we are saddened by his passing on Tuesday 3 August 2021, aged 63 years. Bill was a founding member of the NSW Law Society’s Rural Issues Committee and regularly appeared as a guest speaker at the Annual Rural Issues Conference. He will be remembered for contributions to advocacy for amendments, together with a number of Committee members, to the Duties Act 1997 (NSW) in respect of intergenerational farming transfers. Our thoughts are with his family and friends at this time.
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Expressions of Interest: appointment as the Chief Justice of the Supreme Court of the Australian Capital Territory
The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court. Expressions of interest are sought from all areas of the legal community, including the private, government and community sectors. Women, people with disabilities, people of Aboriginal and Torres Strait Islander backgrounds, people from culturally diverse backgrounds and those who identify as LGBTIQ are encouraged to apply. Learn more and apply.
 
LEGAL UPDATES powered by LSJ
Criminal law
New laws bring authorities a step closer to accessing encrypted offshore data
By Arthur Kopsias >
Costs
The pitfalls of pursuing bankruptcy on the basis of assessed costs
By Michelle Castle and Andrew Bailey >
 
IN THE PRESS
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YOUR MEMBER BENEFITS PROGRAM
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Income Protection insurance to change 1 October 
Income Protection insurance is changing from 1 October 2021 – take advantage of your Law Society Member Benefits and lock in the protection you need. Contact PereraCrowther to discuss your options.
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