Monday Briefs

22 May 2023

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Your weekly professional update

PRESIDENT'S MESSAGE
In-court advocacy key to more solicitors on the bench
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During the last couple of weeks, the new NSW Attorney General, Michael Daley, announced his first judicial appointments. One of the great honours of being President of the Law Society of NSW is representing the solicitor profession at the swearings-in to welcome appointees to the pinnacle of their legal careers. Continue reading >
 
NEWS
Time is running out to renew your practising certificate
If you haven’t renewed your practising certificate by 30 June, you will be unauthorised to engage in legal practice from 1 July. Renew your practising certificate here. Any questions? We are here to help. Contact the Law Society Registry on (02) 9926 0156 or by email at registry@lawsociety.com.au.
Golden Gavel 2023
Golden Gavel, the only breakfast event worth dragging your sleep-deprived soul out of bed for, is returning on Friday 9 June. Five brave souls have taken on the challenge of entertaining a room full of lawyers at 7.30 in the morning. Grab a ticket and join your colleagues for a cracking show with a side of eggs and crispy bacon.
Secure Solicitor Membership for The Law Society of New South Wales Professional Standards Scheme
Principals are reminded that legal practitioners of their law practice must maintain solicitor membership now and beyond 30 June for continued participation in the Scheme. If your law practice is an ILP Member of the Law Society, it is a requirement for all legal practitioners to hold solicitor membership now and beyond 30 June for continued participation in the Scheme. The easiest way for legal practitioners to become a member or renew their membership is to select the membership application or renewal option through LawID here. You can learn more about the Scheme here. Any questions? Please reach out to our Scheme team by email scheme@lawsociety.com.au or by phone 02 9926 0189. 
Role at the Office of the Director of Public Prosecutions: Crown Prosecutor
The Attorney General is seeking applications from persons qualified 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 12-month acting period. For more information click here.
Role at the Office of the Director of Public Prosecutions: Deputy Senior Crown Prosecutor – Regional
The Attorney General is seeking applications from qualified persons for appointment 
as Deputy Senior Crown Prosecutor under the Crown Prosecutors Act 1986 for a fixed 
term of up to seven years that may be renewed, following an initial 12-month 
probationary period. The current vacancy is in Dubbo and an eligibility list may be 
created to fill any future regional vacancies that may arise. For more information click here.
Update — Bingham v Bevan [2023] NSWCA 86
On 5 May 2023, the Court of Appeal allowed the appeal of the solicitor, Mr Bingham, against the barrister, Mr Bevan. The appeal set aside the earlier judgment in Bevan v Bingham [2022] NSWSC 863 against the solicitor, where the Supreme Court accepted a Costs Assessor’s finding that the conditional costs agreement between the parties was void on the grounds the barrister had not made proper cost disclosure under the Legal Profession Uniform Law (NSW) (the Uniform Law), and that this included the voiding of a clause which provided the solicitor was not liable to the barrister unless he was put in funds by the client. The Law Society’s Ethics and Standards Quarterly (November 2022 issue) discusses the earlier judgment in further detail. For more information click here.
Impact of Integrity Agencies on Government Culture
On Thursday 1 June 2023, the NSW Chapter of the AIAL and the Law Society of NSW are pleased to present a group of eminent integrity experts at the State and Commonwealth level to discuss the topic. Keynote speaker: Margaret Crawford PSM, Auditor-General of NSW.
Panel: Prof John McMillan AO, Kieran Pender and John Renshaw. Moderator:  Andrew Chalk, Chair of Public Law Committee of the Law Society of NSW. To register click here.
Personal Injury Commission — New Single Digital Platform 
The Commission’s new single digital dispute resolution platform called ‘Pathway’ is scheduled to launch for Motor Accidents staff, decision makers and users in the week commencing 19 June 2023. Workers Compensation Division users will transition to the platform in early 2024. Over the weekend preceding the Pathway implementation, the Nexus platform will be decommissioned. See further information in the latest PIC News here.
Appointment of Dr Kristina Stern SC 
Dr Kristina Stern SC has been appointed a Judge of the Supreme Court of New South Wales and a Judge of Appeal. A formal ceremony to mark this occasion will be held in Banco Court, on Level 13 at 9.15am on Thursday 8 June 2023. The ceremony will be livestreamed with the link being posted on the Supreme Court Website prior to the ceremony. 
Savour the flavours of the Mediterranean and the Iberian Peninsula with this week’s Foodie Feast
Dine on a jam-packed charcuterie platter, spiced chicken, prawn, and chorizo paella, and Sicilian apple cake. Click here to order by 10am Tuesday, 23rd May, for delivery by 5pm Friday, 26th May.
 
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
Tech Tools: Client Intake and Management 
Wednesday 24 May 2023
NAIDOC Event 2023
Thursday 6 July 2023
Regional Visit: South Coast
Friday 21 July 2023
Directions in Corporate and Commercial Practice: One day intensive —  in person seminar
Tuesday 20 June 2023
Essentials for lawyers: Mandatory rule 6.1 —  live webinar
Thursday 22 June 2023
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
PRACTICE AND PROCEDURE
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Revenue Legislation Amendment Bill 2023
The Bill was introduced in Parliament on 11 May 2023. The Bill, proposed to commence on 1 July 2023, removes the current concession under s 156 of the Duties Act 1997 that the duty payable on the acquisition of a “public landholder” is 10% of the duty which would otherwise be chargeable, and will be applicable to transactions completed after 1 July, irrespective of when the relevant agreement was entered into. The Bill also amends the Land Tax Management Act 1956 to provide for an extension of time during which unoccupied land may be treated as a person’s principal place of residence.
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New Register of Foreign Ownership of Australian Assets
The new Register of Foreign Ownership of Australian Assets will commence on 1 July 2023. It merges existing water, agricultural and residential land categories of foreign investor assets and includes new categories of commercial land and business acquisitions. From 26 June 2023 all Register users will need a myGovID digital identity to access the Register via Online services for foreign investors. Significant penalties apply for non-compliance with Register obligations. A recorded CPD seminar on the new Register and Online services is now available via LawInform.
LEGAL UPDATES powered by LSJ
Risk
Navigating historic institutional abuse claims in an evolving legal environment
By Catherine Power, Natalie Sullivan >
Arbitration
My client has a dispute and there is an arbitration clause – What do I do now?
By Justin Hogan-Doran >
IN THE PRESS
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