Monday Briefs

3 July 2023

Align
Right

Your weekly professional update

PRESIDENT'S MESSAGE
Our growing, modern profession, 40,000 and counting
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I place a lot of value on the saying, ‘if you can see it, you can be it’. In that spirit, I want to congratulate those lawyers whose talent has been recognised in this year’s round of promotions at firms across the state. Continue reading >
 
NEWS
2023 Annual Conference
The 2023 Annual conference Super Early Bird Registrations have now ended, register now for the Early Bird offer. Purchase your Annual Conference 2023 Early Bird ticket today. 
NAIDOC: In Conversation with Jody Broun & Sonja Stewart
NAIDOC Week celebrations are held across Australia in the first week of July, to celebrate and recognise the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. The Law Society of NSW is honoured to have Jody Broun, a Yindjibarndi woman and CEO of the National Indigenous Australians Agency join our CEO Sonja Stewart for an insightful and engaging conversation about the oldest continuous living cultures on earth. Learn more.
Keynote announced – Specialist Accreditation Conference 2023
Announcing keynote speaker Edward Santow: Can lawyers be trusted guides in the age of artificial intelligence? Join us for an enlightening address on the future of law in the era of artificial intelligence. Don't miss this thought-provoking keynote that will inform and empower lawyers to understand the transformative power of AI and how this will impact the practice of law for practitioners, their clients and wider communities. View the full program.
Ceremonial Sitting of the Fair Work Commission to welcome
Ceremonial Sitting of the Fair Work Commission to welcome Deputy President Judith Wright and Deputy President Alex Grayson. The sitting will be on Monday 24 July 2023 in Hearing Room 15.1, Level 15, Terrace Tower, 80 William Street, East Sydney at 9.30am.
Administrative Appeals Tribunal - Upcoming changes to application fees
Application fees are payable in the Administrative Appeals Tribunal in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015 (AAT Regulation) and the Migration Regulations 1994. The amounts of these fees will increase on 1 July 2023 and are available here.
Latest Law Society Journal now available
In this edition: in conversation with ChatGPT, finding abundance in sole practice, the beating heart of Lismore's flood recovery and why every lawyer needs to care about neurotechnology. Read here.
LSJ: Film ticket giveaway
Law Society and Kismet Films have three double passes to offer our members for the new film Reality, currently in cinemas. A game-changing role for breakout star Sydney Sweeney (Euphoria, The White Lotus), this superb political thriller, keeps viewers on the edge of their seats from the beginning. Based on true events, it will undeniably get you thinking. Watch the trailer here. To win one of the three passes, email your LawID number to journal@lawsociety.com.au with the subject line REALITY by 10am Tuesday 4 July.
Take the night off cooking with this week’s Foodie Feast
Reap the benefits of home cooking with none of the fuss with this week’s Foodie Feast menu. Dish up prime beef and herb meatloaf alongside hearty sides and a classic lemon delicious pudding. Click here to order by 10am Tuesday 4 July, for delivery by 5pm Friday 7 July.
 
MEMBER BENEFITS FEATURE OF THE WEEK
Law Society Member Benefits
Discover an unrivalled range of exclusive offers from our Member Benefits providers, including personal and lifestyle products and services tailored to support you and enhance your legal practice. Don't miss out on these exceptional deals.
VIEW ALL MEMBER OFFERS
WHAT'S ON
Buzzwords: Growth Mindset
Tuesday 18 July 2023
Better Sleep for Staying Well in the Law
Wednesday 19 July 2023
Contingency and succession planning for law practices – online
Tuesday 25 July 2023
Conveyancing essentials in practice – online
Wednesday 26 July and 2 August 2023
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
PRACTICE AND PROCEDURE
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Uncontested probate applications move online
From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online.  
Further information about filing an application online including key changes to the current process is available here.  
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Memorandum from the Chief Judge in Equity - 27 June 2023
From 1 July 2023, family provision and probate matters will be managed and heard in a list to be known as the Succession & Probate List. With effect from 1 July 2023, the List Judge is Justice Meek. Click here to read more. 
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Uniform Civil Procedure Rules - Amendment to rule 3.13 
Uniform Civil Procedure (Amendment No 100) Rule 2023
This rule makes a minor amendment to rule 3.13 of the Uniform Civil Procedure Rules 2005 consequential on an amendment to the Supreme Court Rules 1970 to provide for electronic filing of non-contentious applications for a grant of probate or administration or for the resealing of a foreign grant of probate. The rule was published on the NSW Legislation website on 23 June 2023 and will commence on 1 July 2023.
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Uniform Civil Procedure Rules - Amendment to Form 150
TUniform Civil Procedure Rules (UCPR) forms 
UCPR Form 150 is a notice of motion for order passing accounts (and for commission).  The form has now been amended (Form 150 version 2): to reorder items within paragraph 3 of the supporting affidavit to align with the tables at the end of the form, to clarify what supporting documentation is required where an executor continues to carry on the business operated by the deceased, by updating the bank reconciliation, and by moving instructions and information to footnotes.
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Succession and Probate List Update
From 1 July 2023, family provision and probate matters will be managed and heard in a list to be known as the Succession and Probate List . Please see the Memorandum from the Chief Judge in Equity for further information on changes to forms and contact details.
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Federal Circuit and Family Court of Australia – Form and Fee changes from 1 July 2023
The following changes take effect from 1 July 2023:
•    Fair work small claims jurisdiction change
•    Family law fee increases
•    General federal law fee increases
•    Form updates for all jurisdictions. A grace period for the use of old forms will extend until close of filing on 29 September 2023.
For details of these changes, see the Court’s website.
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Reissued Practice Note SC CL 2 – Criminal Proceedings
On 26 June 2023 the Chief Justice reissued Practice Note SC CL 2 – Criminal Proceedings, with a commencement date of 27 June 2023. The revised Practice Note: sets out the requirement for the Director of Public Prosecutions to file a Crown case statement that specifies the basis of criminal liability; updates the timeframe for the legal representatives of the Director of Public Prosecutions and the accused to complete a Trial Management Form and provides additional procedural information regarding the completion of the Form; updates when the parties are to notify the Court of any change in circumstances that may affect the readiness of the matter to proceed or the estimate of trial; and updates the Trial Management Form. The Note can be viewed and downloaded here.
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Reissued Practice Note SC EQ 01 – Case Management in the Equity General List
The Supreme Court has reissued Practice Note SC EQ 01 – Case Management in the Equity General List, with a commencement date of 1 July 2023. 
The revised Practice Note: 
  • Clarifies in the usual order for hearing (Annexure A) that submissions, a chronology, objections and a list of authorities do not need to be provided with the Court Book five working days before the trial date (order 2) but should instead be provided to the Associate of the Trial Judge two working days before the trial date (order 6);
  • Clarifies that the usual order for hearing in interlocutory applications (Annexure C) can be made for matters in the Applications List or other special fixtures; and
  • Corrects typographical errors.
The reissued Practice Note SC EQ 01 – Case Management in the Equity General List is available here.​​​​​​
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Industrial Relations Commission fee increases
The Industrial Relations (General) Amendment (Fees) Regulation 2023 (NSW) amends the Industrial Relations (General) Regulation 2020 to increase certain fees charged for proceedings in the Industrial Relations Commission in alignment with fees charged for similar matters in the Supreme Court, Land and Environment Court, District Court and Local Court from 30 June 2023.
LEGAL UPDATES powered by LSJ
COSTS
How to a-void another costly mistake when dealing with costs agreements
By Charlotte Morson >
ADMINISTRATIVE LAW
Ministerial intervention applications and limits on executive power
By Jason Donnelly >
IN THE PRESS
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