obiter | ByLawyers News and Updates

The cheque is in the mail – but was it express, priority or regular?

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With the recent changes to mail delivery speeds practitioners should consider just how quickly they want mail recipients to receive documents.

snail-mail-vs-email

From 4th January Australia Post introduced the choice of three different delivery speeds when sending a letter:

1. Express post – which is next business day guaranteed;
Special envelope and mailed in the yellow post box or in the post office itself.

2. Priority post – one to four business days – depending on the delivery destination;
Regular envelope, regular stamp now $1, and a priority label 50c, mailed in the red post box or in the post office itself.

3. Regular post – up to two business days longer than priority post, which means delivery could take up to six business days.
Regular envelope, regular stamp mailed in the red post box or in the post office itself.

Makes email and electronic exchanges look good!

By Lawyers’ favourite solicitors of the small and silver screen

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The legal profession has always provided a rich subject area for the dramatic arts. Lawyers on screen, as in real life, come in various forms: as heroes, villains and every variation that lies in between the two. The team at By Lawyers is sharing some of their favourites.

 

Saul   Gorge   kill

AMC, Universal Pictures, Universal Pictures

Atticus Finch – To Kill a Mocking Bird -1962

Gregory Peck’s portrayal of Harper Lee’s endearing and determined single father and small town lawyer Atticus Finch is still so loved and memorable, that forty-five years after the film’s premier the American Film institute named Atticus Finch the greatest American movie character of all time. We love Atticus for standing for justice in the face of reprehensible intolerance. IMDB

Miles Massey – Intolerable Cruelty -2003

George Clooney uses his considerable smooth charm to full effect as the jaded and skilfully manipulative divorce lawyer in this classic Cohen Brothers comedy. He meets his match in the equally cynical and sophisticated serial divorcee Marilyn Rexroth played by Catharine Zeta Jones. The two wind up happy in love when they realise the futility in pursuing money at the expense of human connection – or do they? IMDB

Memorable Quotes:

Miles Massey: So you propose, that in spite of demonstrable infidelity on your part, your unoffending wife should be tossed out on her ear.

Rex (Mile’s Client): Is it possible?

Miles Massey: It’s a challenge.

Rudy Bailor and Deck Shiffet – John Grisham’s the Rainmaker – 1997

Matt Damon and Danny DeVito make an excellent, and ultimately triumphant, underdog team in Francis Ford Coppola’s film adaptation. We like the way the film balances the earnest dedication of newly minted lawyer Rudy (Damon) with the street smarts of paralegal Deck (DeVito) who has failed the bar six times and teaches Rudy some of the more unpleasant realities of the profession such as ambulance chasing. IMDB

Memorable Quotes:

Rudy Baylor: What’s wrong with ethics?

Deck Shiffler: Nothing… I guess.

Lawrence Hammill – The Castle – 1997

In this classic feel good satire Lawrence Hammill, played by Charles (Bud) Tingwell, is a retired constitutional lawyer who represents the Kerrigan’s pro-bono and wins them the right to keep their much-treasured family home. We think that Hammill’s humility and respect for the feelings and vales of his client, Daryl Kerrigan, are one of most charming aspects of the film. IMDB

Memorable Quotes (of which there are so many):

Federal Court Judge: And what Law are you basing this argument on?

Darryl Kerrigan: The Law of bloody common sense!

Janet King – Crownies and Janet King -2014 – ABC

We love Janet King, played by Marta Dusseldorp, because the show and character manage to break new ground, which is a difficult feat to achieve in a subject area that is rife with tropes. While Janet is a tough and accomplished Crown prosecutor she doesn’t fall into the typical ‘strong female lawyer’ stereotype, instead she feels real, she is equal parts tender and steely. Throughout the series Janet makes many compromises to protect her partner and children and deals with the horrors of her job without being dethatched. IMDB

Amanda and Adam Bonner – Adam’s Rib – 1949

Legends of Hollywood’s golden age Katherine Hepburn and Spencer Tracy play married lawyers who come to oppose each other in court in an attempted murder case with uproarious consequences. Amanda (Hepburn) is defending a wife who fired a gun at her husband after catching him having an affair. Adam (Tracy) is assigned to prosecute the case. As tensions rise the case takes its toll on their marriage, but the pair ultimately reunite. It is wonderful to see two greats who had a remarkable off screen romance that lasted 27 years bring such humour and warmth to their roles. IMDB

Memorable Quotes:

Kip Lurie: Lawyers should never marry other lawyers. This is called in-breeding; from this comes idiot children… and other lawyers.

Saul Goodman – Breaking Bad and Better call Saul – 2008

James ‘Jimmy’ Morgan McGill aka Saul Goodman, played by Bob Odenkirk, is the ultimate former conman turned unscrupulous ‘criminal’ lawyer. While Saul initially appears as tacky, flamboyant and cheap he is actually a very skilled lawyer who has no problem breaking the law, exploiting loopholes and using suspect but brilliant schemes to ensure the best outcomes for his clients. Saul serves as the lawyer for Jessie Pinkman and drug kingpin Walter White and while he manages to get them out of many difficult situations over the course of the series their problems ultimately end up overwhelming Saul. Saul’s reluctance to be involved in cases with violence and murder and his witty quips make him a loveable shark and which has earned him his very own Spin off show. IMDB

Memorable Quotes:

Saul: If you’re committed enough, you can make any story work. I once told a woman I was Kevin Costner, and it worked because I believed it.

Honourable Mentions:

Sydney Carter – Charles Dickens’ A tale of two cities (various film and TV adaptations)

Cleaver Greene – Rake (Played by Richard Roxburg) – 2010

Paul Begler -Anatomy of a Murder (Played by James Stewart) – 1959

Vinny Gambini – My Cousin Vinny (Played by Joe Pesci) – 1992

Tom Hagen – The Godfather Part I and II (Played by Robert Duvall) – 1972 and 1974

Employment Law

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Employment Law

JANUARY
  • Commentary added on “Cashing out annual leave”
NOVEMBER 
  • Further Information – Added new links
  • Costs Agreements – Reference to interstate costs laws added and updated interest clause
OCTOBER
  • Costs Agreements
    • SA and WA – Added client and firm fields company execution clause trust account details solicitor’s lien.
    • WA – Added clause on scale fees.
    • NSW/VIC – Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • New article – Out-of-hours employee misconduct and social media misuse
SEPTEMBER 
  • New article added – Beware the trap of the disgruntled employee – Part 2
AUGUST 
  • Costs agreements have been added for Tasmania, ACT and Northern Territory.
JUNE 
  • Commentary updated in line with Fair Work Commission’s high income threshold for 2016. The threshold is relevant for the purposes of protection from unfair dismissal, compensation available from an unfair dismissal claim and the applicability of modern awards to certain employees.
APRIL 
  • New article published – Beware of the trap of the disgruntled employee – Part 1
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • New commentary on casual employees included.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Estates VIC

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Estates

DECEMBER
  • Added to Further Information – link to LIV Capacity Guidelines and Toolkit
  • Update link regarding AFSA notes on making deceased estate bankrupt
OCTOBER
  • Initial letter to executor confirming instructions/Initial letter to spouse executor – Added paragraph on SRO notifications regarding interim distribution.
  • Commentaries – Author update on superannuation – notification of death and disappointed beneficiaries.
  • Commentaries – Update on deceased estates and foreign resident capital gains withholding payments.
  • New LINKS TO LPLC guide for executors.
  • New precedent – Letter to attorney re signing acceptance.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
  • To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.
  • Update links to Second Schedule to the Trustee Act 1958.
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
JUNE 
  • LINKS TO Supreme Court Victoria – Probate Online Advertising System – Reseal advertisement – This precedent previously just contained a link to the POAS web site. It now also contains three examples of advertisements for reseal of probate, reseal of letters of administration and reseal of administration will annexed.
MAY
  • New precedent – Initial letter to creditor confirming account.
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • New precedent added to Probate guide – Exemplification or office copy request
  • New content added to commentary re:
  1. deceased intestate;
  2. renunciation;
  3. documents required for grant of probate;
  4. marks on wills;
  5. multiple copies of will;
  6. testamentary capacity;
  7. distribution;
  8. accounts;
  9. further information links.
FEBRUARY 
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
  • In Probate and Letters of Administration VIC guides the commentary on dealing with the administration of assets has been expanded. What points should be considered in the sale of assets and distribution of the estate? What taxation, investment, debt, accounting and cost disclosures should be considered?

Supreme Court Civil NSW

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Supreme Court Civil NSW updates
JANUARY
  • Content added on requirements of PN SC Eq1 – Mediation and ADR
NOVEMBER
  •  Brand new guide added – ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
  • Acting for the Plaintiff – Updated rule for overseas service
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
  • Commentary added on agreed list of documents
SEPTEMBER
  • Equity Division Supreme Court – Acting for Defendant and Plaintiff Commentaries – Updated reference to real property list practice note SCEQ12

Conveyancing NSW

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Conveyancing updates

JANUARY 2017
  • ALERT – Requisition Fees – From 1 January 2017, LPI will charge fees for requisitions sent in relation to documents, plans and associated instruments lodged for registration. The fee for a requisition in relation to a dealing, application, request or caveat will be $50. The fee for a requisition in relation to a plan or associated instrument will be $100.
DECEMBER 2016
  • Contract for sale of land – By Lawyers 2016 – Part 1 of 2 – Included Co-Agent on the front page
NOVEMBER 2016
  • Update information regarding strata schemes for commencement of the Strata Schemes Management Act 2015 the Strata Schemes Development Act 2015 and their accompanying regulations on 30 November 2016. Expand commentary on priority notices which can be lodged via PEXA from 28 November 2016.
  • Include reference to OSR Purchaser Declaration on required precedents
OCTOBER  2016
  • Retainer instructions – Sale and Purchase of real property – added s. 47 requirements
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • Purchase of Real Property – clause added on payment of fees when purchaser not proceeding
SEPTEMBER 2016
  • Purchase of Real Property
    • added case law concerning off the plan contracts for sale
    • reviewed Detailed Cover Sheet to include Mortgagee
  • Sale of Real Property
    • content added in discussion of case law concerning off the plan contracts for sale
AUGUST
  • Sale of Real Property
    • Retainer Instructions – clarify home building warranty for owner builders
    • commentary has been expended to include discussion of circumstances where co-ownership of property can be brought to an end via partitioning
  • Purchase of Real Property
    • commentary on caveat after exchange moved and new commentary on priority notices added
    • further content added on Foreign Resident Capital Gains Withholding Payments
    • Retainer instructions – include reference to purchaser declaration and surcharge duty. Update home warranty information.
MAY
  • By Lawyers Contract for Sale of Land has been updated to 2016 Edition.
  • Included foreign resident capital gains withholding payments when over $2 million to all necessary precedents, commentaries and contracts.
  • Added to Commentary – Verification of identity including new RPA Conveyancing Rules.
APRIL
  • New ‘to do list’ item – Foreign resident CGT withholding payments check.
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Alert for swimming pool certificates required from 29 April 2016 added
  • New section included in the commentary on powers of attorney for land transactions to accompany power of attorney precedents.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
JANUARY
  • Added commentary in Purchase on declarations of trust and a potential double stamp duty pitfall.

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