Monday Briefs

19 July 2021

Align
Right

Your weekly professional update

19 July 2021
PRESIDENT'S MESSAGE
Staying connected – physical distancing shouldn't mean losing our social connections

I really hope that all members, their staff and their families in the Greater Sydney region are coping with the ongoing lockdown, especially those in Sydney’s south-west and other hotspots. I appreciate that this is a difficult time for all, more so this time around with the health authorities’ concerns about the contagious nature of the Delta strain of COVID-19. Continue reading >
 
 
NEWS
Proposed new Law Society Constitution – member consultation
The Law Society Council is undertaking a review of its Memorandum and Articles of Association and intends to present a revised Constitution to members for adoption by Special Resolution at the Annual General Meeting on 28 October 2021. The key objectives of the review are to modernise the Law Society’s key governance document and provide for best governance practices. The Law Society Council invites members to consider the proposed Constitution and accompanying Explanatory Memorandum and provide any comments or questions to the Law Society’s Company Secretary by 30 July 2021. Read more
Only two weeks to go – don't miss this opportunity to make your mark
Calling all public sector solicitors – don't miss this chance to make your mark on the profession with the John Hennessy Legal Scholarship (valued at up to $10,000). Applications close 1 August. Learn more and apply.
Working from home – are you doing it right?
Most of us are now working from home, but are any of us doing it right? Tune in on Wednesday 11 August as we explore the remote working phenomenon and the challenges it brings. Learn more and register
Specialist Accreditation Conference 2021
We're happy to reveal Dr Jacoba Brasch QC will be the keynote speaker of the Specialist Accreditation Conference 2021 on Thursday 5 August. See our full program and register today for the online Conference.
On the menu this week
Get a taste of the American south with the richness of the Caribbean and the detail of French food with a delicious slow-cooked spicy Creole pork and prawn gumbo, classic carrot cake with zesty creamed cheese icing and toasted walnuts. Order by 10am Tuesday for Friday delivery.
 
COVID-19 UPDATE
>
NSW COVID-19 statistics
NSW recorded 98 new locally acquired cases of COVID-19 in the 24 hours to 8pm last night. 20 of those cases were infectious in the community. Check the latest confirmed exposure sites here. More information about today’s figures here.
>
Restriction in Fairfield, Canterbury-Bankstown and Liverpool LGAs and authorised workers
On Saturday the NSW Government announced that residents of Fairfield, Canterbury-Bankstown and Liverpool LGAs cannot leave their LGA for work, except for authorised workers. The list of "authorised workers’" who live in the Fairfield, Canterbury-Bankstown and Liverpool Local Government Areas (LGAs) has been changed from only emergency and health workers to a wide range of roles defined under the latest Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021.This includes workers in the Public Administration and Safety Sector, who work in the administration of justice, including in relation to the operation of courts and tribunals, correctional centres and community corrections, and cannot work from home. Read the Law Society’s update on this here.
>
Further lockdown restrictions in Greater Sydney
Given the number of infectious cases in the community, further changes have made to further limit the spread of the COVID-19 Delta strain. Non-essential retail premises have closed (‘click and collect’, takeaway and home delivery can still operate), except the following can remain open: supermarkets and grocery stores (including butchers, bakeries, fruit and vegetable stores, liquor stores and fishmongers); stores that predominantly sell health, medical, maternity and infant supplies; pharmacies and chemists; petrol stations and care hire; banks and financial institutions; hardware, nurseries and building supplies; agricultural and rural supplies; pet supplies; post offices and newsagents; and office supplies. From 12.01am on Wednesday 21 July, employers must allow employees to work from home if the employee is able to do so, failure to do so can result in a fine of up to $10,000. Read more information on the latest restrictions here.
>
Local Court update
Whilst there is no change to Memo 19 at this time, the department is currently assessing staffing concerns and this may affect the sitting capacity at some court locations. Discussions should be had at the affected courts in the three LGAs (Liverpool, Canterbury-Bankstown and Fairfield) to determine the potential impact and appropriate responses.
>
District Court update
On and from Tuesday 20 July 2021 until 30 July 2021, no personal appearances will be permitted in the District Court at the following courts: The Downing Centre; John Maddison Tower; Campbelltown; Gosford; Katoomba; Parramatta; Penrith; and Wollongong. All appearances must be by use of the virtual courtroom. Read the virtual guide here.
>
Supreme Court update
The Court notes the new COVID-19 public health order and additional restrictions announced on the weekend. The Court continues to operate with COVID-safe practices to ensure the health and safety of all court users. Sydney matters will be heard via AVL. Follow the Court’s COVID updates and information here.  
>
Industrial Relations Commission update
All Industrial Relations Commission matters will continue to be conducted via the Virtual Court Room (“VCR”) until the end of the extended lockdown (currently 30 July 2021). On this basis, it is unlikely that any in-person attendances will be permitted until at least 16 August 2021.Where a matter is listed for arbitration between 19 July 2021 and 13 August 2021 the Commission urges parties to confer as to whether the matter is suitable to be heard on the papers, is suitable for video/teleconference, or should be deferred until a later date and to notify the Industrial Registrar of their preference. Any decision as to whether an arbitration will be conducted by VCR or on the papers in this period or deferred until a later date will be made by the presiding Member of the Commission. Any decision to allow an in-person attendance before 16 August 2021 will be made by the Chief Commissioner. More here.
>
NSW LRS reminder – do not send documents by post or email
NSW LRS have reported an increase in customers (and their lodging agents) sending in documents by hard copy post. Mailing documents by post or sending them by email is not an approved method of lodgment. The only documents that may be lodged by post are those that relate to Water Access Licenses or for the production of Certificates of Title. More here
>
COVID relief measures - leases
Two new regulations commenced on 14 July 2021 in relation to retail and certain other commercial leases, and residential tenancies: Retail and Other Commercial Leases (COVID-19) Regulation 2021 and Residential Tenancies (COVID-19 Pandemic Emergency Response) Amendment Regulation 2021
>
Accelerated 2021 Business Support Grants now open
From today, eligible NSW businesses, sole traders and not-for-profrt organisations will be able to apply for up to $15,000 from the first of the NSW Government's economic support packages: The 2021 COVID-19 Business Support Grant. Applications for the second tranche of assistance, which includes the Micro Business Support Grants and the JobSaver program, will open from Monday, July 26. Read the NSW Government’s release here.
 
 
WHAT'S ON
LAWASIA Committee Webinar Month 2021
July - August 2021
Emerging scholars:  Contemporary issues in crime and criminology
28 July 2021
TLC One Day CLE: Employment & Industrial Law
30 July 2021
TLC One Day CLE: Rule 6.1 Mandatory Components for Legal Practitioners
31 July 2021
Government Solicitors Awards 2021
Applications close 1 August 2021
Specialist Accreditation Conference 2021
5 August 2021
Risky Business? A look at the WFH phenomenon and an employer's obligation
11 August 2021
Sexual Harassment – changing workplace culture (online)
12 August 2021
Practice management course (online)
13, 20 and 27 August 2021
Government Solicitors Conference 2021
7 September 2021
Rural Issues Conference 2021
29 October 2021
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
>
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.
>
Expressions of interest – Crown Prosecutor Role with NSW ODPP
The Attorney General is calling for expressions of interest from qualified persons for appointment as Crown Prosecutors under the Crown Prosecutors Act 1986 for a fixed term of up to seven years that may be renewed following an initial twelve-month probationary period. Learn more.
 
LEGAL UPDATES powered by LSJ
Corporate law
Directors’ duties and the risky business of greenwashing
By Sebastian Hartford Davis and Noel Hutley SC >
Insolvency
Full Federal Court brings an end to the peak indebtedness rule
By Michael Baltins and Georgina Overend >
 
IN THE PRESS
>
 
YOUR MEMBER BENEFITS PROGRAM
Get organised from home
Apply for a home loan or refinance your existing mortgage from home. As Australia’s only specialist broker for lawyers, Legal Home Loans will secure the best loan tailored to you. Law Society members receive $500 cashback upon loan settlement. Find out more
Rug up with 20 per cent off winter essentials
THE ICONIC has you covered this winter with a 20 per cent discount on selected menswear and womenswear styles. Check out the latest winter essentials and what’s just landed. Shop now.
Save 15 per cent on your Telstra Small Business plan
Sign up for a Telstra Small Business Account with a valid ABN and apply for this exclusive Law Society member discount – available on eligible new and existing Small Business Account mobile and mobile data plans. Learn more and apply.
VIEW ALL MEMBER OFFERS