ByLawyers News and Updates

Indexation of maximum costs – Motor accident injury claims – NSW

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Practitioners are reminded that, from 1 October 2018, indexation commenced of the maximum costs for legal services and the maximum fees for medico-legal services recoverable from an insurer in respect of motor vehicle accident claims relating to accidents which occurred on or after 1 December 2017. The maximum costs will be indexed each year in line with inflation.

The maximums for legal costs and medico-legal fees are set out in Schedule 1 to the Motor Accident Injuries Regulation 2017. The maximum amounts recoverable for legal fees depend upon the stage at which the matter is resolved.

The commentary for motor accidents after 1 December 2017 in the By Lawyers NSW Motor Accidents Guide has been updated to note the indexation and provide the relevant links to both the legislation and the costs section of the SIRA website.

Probate Registry online applications – South Australia

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From Monday 26 November 2018, all applications for probate and letters of administration in the Supreme Court Probate Registry must be filed through CourtSA – the new electronic management system that is in the process of being introduced for all South Australian courts.

As at 15 October 2018, the probate registry no longer accepts paper applications. The Court has advised that any current paper transactions where a grant is not issued by 26 November 2018, will need to be re-lodged online through CourtSA.

It is expected that the online process will ultimately streamline applications and result in faster processing times, but there clearly will be some delay in the implementation phase, as no applications can now be filed until 26 November 2018.

Magistrates Court (Civil) Guide- review – South Australia

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The By Lawyers South Australian Magistrates Court (Civil) Guide has been reviewed and updated to ensure that the precedents and commentaries are in line with current law and practice.

The extensive review was performed by our author Josephine Battiste, barrister at Mitchell Chambers.  As with all our authors, Josephine takes a practical approach, drawing on her considerable experience to cover all aspects of procedure and focus on practical tips that will help lawyers confidently represent their clients and successfully run civil matters in the Magistrates Court.

Highlights from the By Lawyers South Australian Magistrates Court (Civil) Guide include:

  • expanded commentary on settlement options, including Enforceable payment agreements, Pre-filing Alternative Dispute Resolution services in the Magistrates Court and Offers to consent.
  • new commentary on statutory actions;
  • new commentary and precedents in relation to service outside of South Australia;
  • expanded commentary on entry of default judgement, calculating interest on judgement debts and setting aside default judgement entered against a defendant;
  • expanded commentary on preparing and filing a defence;
  • new commentary and precedents on summary stay or dismissal of claim and striking out statement of claim, defence or reply; and
  • a new section on pre-trial processes covering discovery, the initial directions hearing and Alternative Dispute Resolution.

New precedents include a combined Offer and acceptance and an example List of documents for both plaintiff and defendant. All of the existing precedents in the guide have been reviewed to ensure they reflect current law and practice.

We invite you to explore this publication and to consider the wealth of assistance the guide offers for lawyers appearing for clients in civil matters in the Magistrates Court.

 

 

Criminal procedure amendments – VIC

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Various criminal procedure amendments introduced by the Justice Legislation Miscellaneous Amendment Act 2018 are now in effect, including:

Protection of certain witnesses from cross examination in committal hearings.

A committal hearing is not to be held in committal proceedings to which s 123 Criminal Procedure Act 2009 applies, namely cases involving a witness who:

(a) is a complainant in a proceeding that relates (wholly or partly) to a charge for a sexual offence; and

(b) was a child or a person with a cognitive impairment when the criminal proceeding was commenced; and

(c) made a statement a copy of which was served in the hand-up brief or whose evidence-in-chief or examination at a compulsory examination hearing was recorded and a transcript of the recording was served in the hand-up brief.

Such witnesses cannot be required for cross examination.

The By Lawyers Victorian Magistrates Court – Criminal guide has been updated accordingly.

Increased penalties for offences of violence against certain workers

Offences of violence alleged to have been committed against an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, within the meaning of section 10AA of the Sentencing Act 1991, are now excluded from the list in Schedule 2 of the Criminal Procedure Act of indictable offences which can be tried summarily and custodial sentences for such offences are mandatory.

 

Magistrates’ Court Criminal Guide updated – VIC

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Our Victorian Magistrates’ Court Criminal guide has been updated, to make sure our Victorian subscribers who conduct criminal and traffic matters, or appear for applicants or respondents in Intervention Orders, in the Magistrates’ Court are right up to date with the law and practice.

The extensive review by our author, barrister Simone Tatas, includes recent amendments to both bail laws and sentencing for traffic offences. As with all our authors, Simone takes a practical approach, drawing on her experience as both a prosecutor and defence lawyer, to cover all aspects of procedure and focus on practical tips that will help practitioners confidently represent their clients and successfully run their matters in the Magistrates’ Court.

The commentaries have been updated in all of the guides in our publication – Criminal matters, Traffic matters and Intervention Orders. Highlights include:

  • bail amendments and the new ‘exceptional circumstances’ test;
  • programs the client needs to have completed before applying for re-licencing after a disqualification – taking into account whether the offence was committed before or after 1 April 2018;
  • steps to take prior to the commencement of a plea if imprisonment is a real possibility;
  • Community Corrections Orders as a sentencing option;
  • the application of the Behaviour Change program;
  • what to do when a client is in custody and an appeal needs to be listed;
  • the National Domestic Violence recognition Scheme;
  • The effect of ‘no electronic publication’ conditions in Intervention Orders.

Precedents include specific Retainer Instructions for Bail applications, Pleas and Mitigation, as well as for Criminal matters generally, Traffic matters and Intervention Orders. These have all been reviewed to ensure they reflect current law and practice.

We invite you to explore the matter plans in these guides and consider the wealth of assistance this publication offers for lawyers who appear in the Magistrates’ Court criminal jurisdiction.

Magistrates Court – Subpoenas – VIC

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New forms for Magistrates Court Subpoenas

The By Lawyers Victorian Magistrates’ Court – Civil guide has been updated to reflect recent changes to the Magistrates Court rules affecting subpoenas in civil matters.

The Magistrates’ Court General Civil Procedure (Miscellaneous Amendments) Rules 2018, which amend the Magistrates’ Court General Civil Procedure Rules 2010, came into effect on 15 October 2018.

These amendments make important changes to subpoena forms and processes in the Magistrates Court’s civil jurisdiction. The intention of the amendments is to harmonise Victoria with other Australian jurisdictions with regard to subpoenas.

Importantly, the existing form for Magistrates Court subpoenas, form 42A Subpoena to attend to give evidence, has been updated.

There are also two new forms for Magistrates Court subpoenas, forms – 42B, Subpoena to produce and 42C, Subpoena both to attend to give evidence and to produce.

For more information on Subpoenas generally, see the By Lawyers Reference Manual 101 Subpoena Answers located in the Reference Materials folder at the top of the matter plans in all By Lawyers litigation and criminal guides.

New precedents – Wills creating single testamentary discretionary trust

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Helpful new precedents have been added to all By Lawyers Wills publications for an individual, or a couple, to establish a single testamentary discretionary trust.

These precedents augment our existing precedents which create multiple testamentary discretionary trusts and make for faster and easier drafting where only one testamentary discretionary trust is required.

The new precedent, which is found in the Wills creating testamentary discretionary trust folder, was suggested by a subscriber. We love receiving feedback from firms who use our precedents and we are pleased to provide additional precedents where required.

 

By Lawyers will be at InfoTrack Connect18 E-Conveyancing Road-shows

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E-Conveyancing roadshows with Infotrack and By Lawyers 

econyevancing roadshow

InfoTrack is hosting 41 complimentary seminars throughout NSW, VIC, QLD and ACT showcasing the latest in integrated e-conveyancing solutions.

The By Lawyers team will be be attending and presenting at select venues throughout NSW and VIC.

New South Wales

17th of October – Sydney CBD

  • Kate Eason – General Manager Content, By Lawyers – Global
  • Angus Dawson  – Product Champion at By Lawyers

15th of November – Sydney CBD

  • Brad Watts – Managing Director, By Lawyers – Australia
  • Angus Dawson  – Product Champion at By Lawyers

Victoria

9th of October – 22 November –  All locations

  • Renowned expert property lawyer and By Lawyers author Russell Cocks will be attending all Connect18 road-show events hosted in Victoria.

Register here

  • Connect with members of the By Lawyers team
  • Be the first to see a live demo of the latest in e-Settlements solutions – Sympli
  • Learn how to make smooth transition to e-conveyancing
  • Have your questions answered by experts in the industry
  • Earn 1 complimentary CPD point
  • Network with your peers
  • Enter for a chance to win up to $5000 in prizes

 

 

Practice management – The key to a successful law firm

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Our Practice Management guide has undergone a substantial review to better address the challenges facing small law firms now. We have tailored our Practice Management Guide to provide assistance for all firms, whether start-up, breakaway or well established.

Our Practice Management guide contains commentary on running a successful legal practice, covering the following main areas:

  • How to perform a Legal Practice Health Diagnostic Check – a very useful tool for identifying existing strengths and areas where the firm can improve, or as a check-list for start ups.
  • Business planning for a law firm – including a SWOT analysis and environmental scan.
  • Ethics and professional responsibility – crucial to establishing reputation and managing risk.
  • The solicitor/client relationship – how to value and manage client relationships.
  • The employer/employee relationship – all of the essential information required for a firm to become an employer of choice.
  • Practice management – the essentials of managing the work performed by law firms including, matter and data management, financial management and trust accounting.

The By Lawyers Practice Management guide also contains many helpful precedents, such as:

  • Example costs disclosures.
  • Example invoices.
  • An example mission statement for a law firm.
  • A risk management plan.
  • Employment forms – including an application for employment and a new employee check-list.
  • An example asset register.
  • Forms for conducting file reviews.
  • Document safe custody records.
  • An example law firm client satisfaction survey.

Also included in the guide is our Reference Manual – 101 Policies and Procedures which covers most aspects of running a legal practice. Firms can seamlessly implement these policies and procedures as their own with a view to later development and enhancement, or use them as the basis for refreshing and enhancing existing policies and procedures already in place.

The By Lawyers Practice Management Guide also includes helpful articles including The 11 habits of highly successful small law firms by the Global Executive Chairman of LEAP, Richard Hugo Hamman.

Transport Accident Claims – amendments – VIC

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With effect from 26 September 2018, the Treasury and Finance Legislation Amendment Act 2018 made a number of amendments to the Transport Accident Act 1986 (TA Act) which affect transport accident claims – not only with prospective effect, but also retrospectively in one respect. The amendments include:

  • increased benefits available, by virtue of the inclusion of grandparents in the definition of ‘immediate family’ and apprentices in the definition of ‘dependent children’;
  • removal of the mandatory review every 5 years for long-term TAC clients; and
  • extension of coverage to cyclists if they are injured as a result of a collision with a stationary vehicle, although not if the cyclist is taking part in an organised professional race or speed trial, unless the transport accident involves a collision with an unauthorised vehicle. An unauthorised vehicle is defined in the legislation as a vehicle that is not participating in the organised race or speed trial.

Importantly, the amendment relating to cyclists is retrospective and applies to any collision between a cyclist and a stationary vehicle on or after 9 July, 2014. For such claims arising from an incident within that period, the limitation period only commences to run on 26 September 2018.

The By Lawyers Transport Accident Guide has been updated to reflect all of the changes.

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