Monday Briefs

28 August 2023

Align
Right

Your weekly professional update

 
PRESIDENT'S MESSAGE
Equal Pay Day

Last Friday, 25 August marked this year's Equal Pay Day, representing the 56 additional days the average woman will need to work after the end of the financial year to make up the difference caused by the gender pay gap. Despite winning the right to equal pay in 1969, as of February 2023, ABS data show that women make, on average, 87 cents for every $1 earned by men.​​​​​​ Continue reading >
 
NEWS
2023 Law Society Council Election – Notice of Forthcoming Election – Reminder
Nominations for the 2023 Council Election must be received by the Company Secretary of the Law Society no later than 4.00pm on Monday 18 September 2023. View the notice of the forthcoming election. Diary Note: The Annual General Meeting of The Law Society of New South Wales will be held on Thursday 26 October 2022 at 4.00pm.
2023 Law Society Council Election – Hard Copy Voting
With the 2023 Council election around the corner, members are reminded that printed ballot papers and hard copy voting instructions will only be provided to members who request them. Requests must be received no later than COB 31 August 2023 by filling out and submitting this form here.
Risk Alert: Spike in cyber attacks on law practices
Law practices seem to be currently under attack, with a spike in cyber-assisted fraud claims reported to Lawcover. Recent incidents have also involved clients receiving emailed bank account details and transferring funds to a fraudster believing they were putting funds into their lawyer’s trust account.
Ensure your clients know:
  • There is a real risk that emailed bank details will be altered by fraudsters.
  • Clients should call your office to check correct bank details before transferring funds.
  • When funds have been transferred, confirm promptly that they have been received.
You may find this brochure for clients useful.
Expressions of interest for Law Society Committees open soon
One of the best ways to give back to your profession, make new connections and stay up-to-date is to participate in one of the Law Society's 27 Regulatory, Policy and Segment Committees. Whether you are a partner who can lend expertise to our Public Law Committee or a commercial practitioner who can provide experience to our Business Law Committee, there is a Committee to suit everyone. EOIs open this Friday 1 September 2023. Learn more.
Independent Review Office Medical Disputes Early Solutions Pilot Program
Independent Review Office has a statutory function to assist in finding solutions for disputes between workers and insurers. Matters where the only issue in dispute is a medical treatment claim or expense may be appropriate for intervention to prompt early solutions. The Pilot aims to find early solutions to disputes between workers and insurers by providing opportunities for:
  • Workers and insurers to attempt to resolve a dispute prior to the commencement of proceedings in the Personal Injury Commission
  • Insurers to consider all additional evidence available with respect to liability for the claimed medical expense at the earliest opportunity
  • Insurers and workers’ representatives to clarify the issues in dispute, where matters cannot
  • be resolved prior to the dispute going before the PIC
The Pilot will run for six months starting on 25 September 2023, for most insurers. It will run from 3 November 2023 for those insurers operating as Claims Service Providers for icare.
Recognising and Presenting Evidence of Strengths in Legal Proceedings
The NSW Bar Association’s First Nations Committee has partnered with the Bugmy Bar Book to host a panel discussion on the topic of ‘Recognising and Presenting Evidence of Strengths in Legal Proceedings’, which will take place on Wednesday, 13 September 2023 at 5pm at the Law Society of NSW. The discussion will centre on the report co-authored by Vanesa Edwige and Dr Paul Gray: 'Significance of Culture to Wellbeing, Healing and Rehabilitation'. This is an in-person event with limited seating capacity. Please register your attendance via the Bar Association link provided here.
Upcoming Legal Aid Civil and Family Law Conferences
  • Legal Aid NSW’s annual Civil Law Conference will be held on 18 and 19 September, 2023 at the Aerial Conference Centre, University of Technology.
  • Legal Aid NSW Family Law and Care and Protection Conference – Friday 15 September at ICC Sydney.
  • Child Representation Conference - Saturday 16 September 2023 at ICC Sydney
More information is available here.
ACIJ Policy Paper Launch - Challenging Impunity: Why Australia Needs a Permanent, Specialised International Crimes Unit
The paper explores the rise in domestic accountability processes for atrocity crimes overseas, and outlines Australia's history of international crimes investigations. Drawing on research and experience from overseas jurisdictions, the paper advocates for the creation of a permanent, specialised international crimes unit in Australia, and outlines recommendations for the establishment of an effective unit. Register here.
Register of Foreign Ownership - Guidance Note for NSW Solicitors
On 1 July 2023, the Australian Taxation Office launched a new Register of Foreign Ownership of Australian Assets. The Register is an updated and online version of the former register administered by the ATO on behalf of the Foreign Investment Review Board. The Law Society’s Ethics and Business Law Committees have developed The Register of Foreign Ownership - Guidance Note for NSW Solicitors to assist practitioners manage risks associated with accessing transactions on the Register. The Guidance is now available here.
Aboriginal Tenancy List
The NSW Civil and Administrative Tribunal is introducing an Aboriginal Tenancy List in the Consumer and Commercial Division, commencing 6 September 2023. The Aboriginal Tenancy List will be structured to:
  • Provide extra time for Tribunal Members to deal with matters;
  • facilitate access to service providers including advocates and financial counsellors; and 
  • offer parties access to Tribunal Conciliators who will assist the parties to arrive at mutually agreeable outcomes.
Further information can be found here.
Just Chat – Nicholas Stewart (Redux)
The 2022 winner of the Law Society's President's Medal, Nicholas Stewart, returns to Just Chat to discuss the cases and causes close to his heart, the aftermath of his win and recent trips to the cinema. Listen here. Episode supported by NobleOak.
Usher in Spring with Dining Room Delivers
Spice up your Friday with our first Foodie Feast of Spring. This week’s menu features a succulent free-range Peri Peri spiced Portuguese chicken, alongside a host of delicious sides, and indulgent Portuguese custard tarts for dessert. Click here to order before 10am Tuesday 29 August, for delivery Friday 1 September.
 
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. Do not miss out on these exceptional deals.
VIEW ALL MEMBER OFFERS
WHAT'S ON
Tech Tools: Growing your Practice and Showcasing your Value
Wednesday 30 August 2023
R U OK? Day Webcast: Buffering, Bolstering and Building Mental Wellbeing at Work
Thursday 14 September 2023
Essentials for lawyers: Mandatory rule 6.1 – online
Tuesday 19 September 2023
Practice management course: September – online
Monday 18, Wednesday 20 and Friday 22 September 2023
Buzzwords: Generative AI
Wednesday 20 September 2023
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
PRACTICE AND PROCEDURE
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Definition of Success
Where payment under a costs agreement is conditional on "success", solicitors must define what is to be a successful outcome. Points to consider include the scope of the retainer and the client's expectations, including their interpretation of phrases such as "no win, no fee". A recent relevant decision is Musgrave v SRM Lawyers Pty Ltd [2023] NSWDC 242, read in context with s181(2) of the Legal Profession Uniform Law.
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August Service Directory
The LSJ Digital Service Directory for August is now available. Here you will find advertisements for agency and referrals, practices for sale and purchase and much more, plus all missing wills notices. Read more.
LEGAL UPDATES powered by LSJ
ELDER LAW & SUCCESSION
Estoppel as a sword: Exploring proprietary estoppel
By Darryl Browne >
RISK
Play the ball and not the player: Considerations for legal practitioners seeking personal costs orders
By Daniela Faggionato and Lucy Williams >
IN THE PRESS
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