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Changes to Family Court Consent Orders kit and eFiling

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Changes to Family Court Consent Orders Kit and eFiling procedures have now taken effect, arising out of the Civil Law and Justice Legislation Amendment Act 2018. These include:

  • Updated information pages in the Application for Consent Orders Kit;
  • References to ‘husband’ and ‘wife’ replaced with ‘party to a marriage’ and/or ‘party to a de facto relationship’; and
  • Updated sectional references in the Family Law Act for superannuation in the Application for Consent Orders form.

The updated kit and form are now available in the By Lawyers Family Law publications.

eFiling

The Court recommends that practitioners use the ‘unguided’ process for uploading Application for Consent Orders forms. This process was introduced as part of the Digital Court Program and makes it easier to upload forms without having to input information twice. The ‘guided’ eFiling process will only remain available until 31 March 2019.

For more information about eFiling and the ‘unguided’ process see the By Lawyers Family Law guide, or visit the Digital Court Program on the Family Court website.

Attend the 2019 Small Law Industry Summit hosted by LEAP

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On the 14th of March, LEAP Legal Software will be hosting the inaugural Small Law Industry Summit in Sydney. The summit will be the first event of its kind, with a sole focus on the future of the small law industry.

The summit presents a valuable opportunity to discover the latest innovations in legal practice, equip your firm with the necessary tools to succeed in a rapidly evolving industry and make connections with like-minded innovators in other small law firms.

The summit will feature a number of essential presentations from industry leaders including:

  • Keynote Speaker – Dr Alana Maurushat – Professor of Cyber Security and Behaviour at Western Sydney University – speaking on the role of cyber security in mitigating risk.
  • Christian Beck – Founder of LEAP Legal Software – presenting on getting the best out of human capital, a firm’s most valuable asset.
  • Rose Dravitzki – Head of Chambers at Clarence Chambers – will discuss methods of innovation through strategic business sourcing and structuring.
  • Therese Linton – Founder and Principal Consultant of The BASALT Group – examining ways that small law firms can transform the way that they work to significantly increase productivity.
  • Donna Cooper – Ethics Consultant at Ethics4Lawyers and By Lawyers contributing author – presenting on how firms can manage their ethical responsibilities in a technology-based world.

The event will be fully catered and 50% of each ticket sold will go towards supporting cyber security education through a scholarship at Western Sydney University.

Register HERE, claim 6 CPD points and automatically enter the draw to win a private harbour cruise adventure for you and up to 10 guests of your choosing.

By Lawyers will be attending the Summit – please make yourself known to our team on the day; we love to meet our clients and we value your feedback on our content.

Retirement Villages Amendment Act 2018 NSW – Schedule 1 [10], [17]-[20] commenced

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Commencing 11 February 2019, the Retirement Villages Amendment Act 2018 introduces rules of conduct for operators (Schedule 1 [10]), provides for the sharing of village information and allows for mediation of disputes (Schedule 1[17]-[20]).

Yet to commence are provisions implementing village contract information meetings, asset management plans, the annual auditing of village accounts and the provision of quarterly accounts to the Residents Committee. The commentary will be updated when the main provisions commence.

Domestic violence amendments – SA

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Some of the domestic violence amendments under the Statutes Amendment (Domestic Violence) Act 2018 have now commenced. The act makes a number of changes to domestic violence provisions, most of which commenced on 31 January 2019.

Amendments that commenced on 31 January 2019 include:

  • additions to the definition of ‘abuse’ in s 8 of the Intervention Orders (Prevention of Abuse) Act 2009 to include forcing a person to marry another person, preventing a person from entering the person’s place of residence and taking an invasive image (within the meaning of Part 5A of the Summary Offences Act 1953) of a person and threatening to distribute the image without the person’s consent;
  • increased penalties for breaching an intervention order, where a breach is a ‘second or subsequent’ offence, which generally means offences within 5 years of each other, AND the breach involves physical violence or the threat of it, then the maximum penalty is $20,000 and 4 years imprisonment (whereas the maximum penalty for a first offence is $1250 and 2 years imprisonment);
  • s 10A(d) of the Bail Act 1985 has been amended to classify certain domestic violence offences as ‘aggravated offences’ in  relation to which there is a presumption against bail;
  • new s 20A—Choking, suffocation or strangulation in a domestic setting has been added to the Criminal Law Consolidation Act 1935. This offence provides that a person who is, or has been, in a relationship with another person and chokes, suffocates or strangles that other person, without that other person’s consent, is guilty of an offence, the maximum penalty for which is imprisonment for 7 years.

Amendments yet to commence include:

  • where police are seeking to urgently vary an existing final order the court may now conduct a preliminary hearing in the absence of the defendant and may take evidence by telephone or such other means as the court determines appropriate and the rules of court allow;
  • where an Intervention order is sought by police, the applicant and anyone else for whose protection the order is sought, may give their evidence in the proceedings by recording and may only be cross-examined about that evidence if the court permits it.

These provisions are suspended until proclaimed, commencing on 6 December 2020 at the latest.

The commentaries in the By Lawyers Criminal SA and Intervention Orders SA guides have been updated accordingly.

Leases – Demolition and relocation clause – Commercial lease

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A new demolition and relocation clause for use in commercial leases has been added to the Library of clauses in all By Lawyers Leases publications. This clause was added as a result of a request from a By Lawyers user.

The new clause provides for termination by either the lessor or lessee in the event that the lessor proposes to demolish the building or a substantial portion of the building of which the premises form part, on the lessor providing 90 days written notice to the lessee. This clause also addresses the costs of relocation of the lessee’s business and requires the proposal for demolition to be genuine.

Please email us at askus@bylawyers.com.au or call 02 4858 0619 with any feedback or suggestions. We would love to hear from you!

Amendment to wills creating discretionary trust

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Amendments have been made to the following By Lawyers precedent wills creating discretionary trusts:

  1. Individual will creating testamentary discretionary trust;
  2. Client 1 will creating testamentary discretionary trust with client 2 as executor; and
  3. Client 2 will creating testamentary discretionary trust with client 1 as executor.

The precedents have been amended as follows:

Clause 7 has been amended to improve readability. The amendments do not change the effect of the wills.

Clause 9 has been enhanced to better protect the testator’s spouse. The amendments delete sub-clauses (b) and (c). These clauses gifted the residue of the estate to the spouse and provided for gifts to particular beneficiaries, respectively.

Clause (b) has not been replaced, as the spouse has been included as a beneficiary of the trust in clause (g). Previously the trust would only be established if the spouse did not survive the testator. Now the residue will always be gifted to a trust, within which the spouse is a beneficiary.

Clause (c) has been replaced with new clauses (b), (c) and (d) which provide for specific gifts to beneficiaries.

The wills can be found in the By Lawyers Wills publications.

Updated Motor Accidents Guidelines – NSW

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The Motor Accidents Guidelines which apply to motor accidents in New South Wales after 1 December 2017 under the Motor Accidents Injuries Act 2017 have been updated.

The Motor Accidents Guidelines are available on the SIRA website. The new Guidelines apply from 15 January 2019.

Links and applicable commentary references in the By Lawyers Motor Vehicle Accidents (NSW) guide have been updated accordingly.

Author review of Conveyancing (VIC) Publication

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Conveyancing (VIC) – Author review

The By Lawyers Conveyancing (VIC) Publication, which includes the 1001 Conveyancing Answers, Sale of Real Property and Purchase of Real Property guides, has been reviewed to ensure that the commentaries and precedents (including the By Lawyers Contract of Sale of Land) are in line with current law and conveyancing practice, including electronic conveyancing.

The extensive review was performed by our author Russell Cocks. As with all our authors, Russell takes a practical approach drawing on his considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or purchase matter to completion.

We invite you to explore this updated publication and to consider the wealth of assistance the guides offers for solicitors and conveyancers acting in the sale and purchase of residential property in Victoria.

Webinar – Challenges When Starting a Law Firm

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Whether you are an experienced practitioner or a recent graduate, staring your own law firm can present some of the biggest challenges that you will face throughout your legal career. In addition to founding a new business and attracting customers there is the challenge of practising the law in your chosen area of expertise on your own.

Being able to foresee, understand and prepare for these issues will help your firm succeed and remain agile in a highly competitive market.

Join a free webinar session hosted by LEAP and hear from two experienced lawyers and expert panellists from LEAP’s 2018 Start A Law Firm event who have both founded industry leading law firms.

ABOUT THE PRESENTERS

Brad Watts

Admitted as a NSW solicitor in 1994, Brad has more than 20 years experience in legal practice, including as a partner, director and consultant. Brad was a contributing author for 10 years, before joining By Lawyers full time in January 2018 as the Managing Director. Brad brings a wealth of knowledge and an empathetic, hands-on approach to the business of helping small law firms get real time access to the best possible legal content via the By Lawyers legal guides and precedents.

Youssef Maksisi

Youssef Maksisi has worked both in the heart of Sydney’s legal community (Sydney CBD) as well as a boutique firm in Parramatta. He has successfully represented clients, whether corporations or individuals, in a range of legal areas, achieving excellent results. Youssef uses these experiences to ensure his firm, Maksisi Lawyers, provides high-level CBD-style expertise with the personal connection of a boutique firm.

Register for the webinar here and claim CPD points for attendance.

Join By Lawyers at the Small Law Industry Summit

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Make 2019 a year to optimise your firm’s performance by attending the inaugural Small Law Industry Summit hosted by LEAP on 14 March 2019.

By Lawyers are proud event partners of the Small Law Industry Summit and our Managing Director Brad Watts will be presenting on the use of legal practice management techniques to ensure growth.

Since 2007, By Lawyers has been dedicated to helping lawyers enjoy practice more and our Managing Director Brad Watts has over 20 years experience in legal practice and has built several successful firms from the ground up.

The Small Law Industry Summit will also be showcasing not-to-be-missed presentations from industry leaders on topics such as:

  • Cyber-security and risk management;
  • Artificial intelligence and the next generation of legal technology innovations;
  • Getting the best out of your firm’s most valuable asset;
  • Internal governance and due diligence;
  • Succession for you and your practice;
  • Turning talent into a high performance culture; and
  • Increasing profit: The lifeblood of the small law industry.

See the full Summit Agenda here.

Attendees will be able to claim 6 CPD points

Secure your place at the Small Law Industry Summit here.

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