PEXA scam alert
It has come to the Law Society’s attention that there is a scam email currently in circulation that attempts to induce the recipient to click on a link purportedly related to a PEXA settlement.

Although it is not known what the motivation for, or the objective of this type of scam is, please remain vigilant. If your law practice uses PEXA you may want to make current clients aware of the scam. PEXA have also been alerted.

New legal identity document - available 16 November
The NSW Government has introduced a new birth certificate that may be used as a legal identity document for people adopted in NSW. From 16 November 2020, an adopted person may use either of the following kinds of birth certificates as an identity document:

• A post-adoptive birth certificate that records the child’s adoptive parents and older adoptive siblings and makes no reference to the child’s parents or siblings at birth. This is the existing type of birth certificate for adopted people. It looks the same as an original birth certificate.
• An Integrated Birth Certificate (IBC) that includes information about the child’s birth parents, older birth siblings, adoptive parents and older adoptive siblings. This new type of birth certificate looks different, as it contains a column detailing identity information after adoption (current information) and a column recording information at birth.

Both an IBC and a post-adoptive birth certificate will automatically be issued where a person is adopted, and the adoption is registered in NSW from 16 November. IBCs are also available for people who were adopted prior to the introduction of IBCs, upon application to Births, Deaths and Marriages (BDM). You can find more information about the IBC in the Fact Sheet or at www.facs.nsw.gov.au/families/adoption or www.nsw.gov.au/births-deaths-marriages

Reminder: Deadline of 31 December 2020 for the amendment of discretionary trust deeds
The State Revenue Legislation Further Amendment Act 2020 provides for an exemption from surcharge purchaser duty and surcharge land tax payable in respect of residential land by the trustee of a discretionary trust if the trust irrevocably prevents a foreign person from being a beneficiary of the trust. Until 31 December 2020, trustees of discretionary trusts have an opportunity to amend their trust deeds to include a provision to prevent a foreign person from benefitting, and that  provision must be irrevocable for the exemption to apply. See CPN 004 v2 Foreign surcharges and discretionary trusts, LSJ article: ‘NSW duty and land tax surcharges to impact discretionary trusts’ and Lawcover Risk Alert.

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.

Extension of the Retail and Other Commercial Leases (COVID-19) measures
The Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 commenced on 24 October 2020, and extended with some amendments, the prohibitions and requirements in relation to the exercise of certain rights of lessors during the COVID-19 pandemic period, until the end of 31 December 2020.