ByLawyers News and Updates

Miscellaneous

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.

Workers Compensation amendments – NSW

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The next tranche of workers compensation amendments under Schedules 1 and 2 of the Workers Compensation Legislation Amendment Act 2018 commence 1 January 2019, providing for the abolition of the administrative system of dispute resolution and reinstatement of the jurisdiction of the Workers Compensation Commission to determine disputes and make determinations of permanent impairment.

There is no commencement date yet for Schedule 3 of the amending Act, which provides for the introduction of a simplified process to determine an injured worker’s pre-injury average weekly earnings, with new Schedule 3 to the Workers Compensation Act 1987 providing the method for determining PIAWE and allowing insurers and workers to agree on the figure for PIAWE.

Provisions removing limitations on workers injured in motor vehicle accidents obtaining statutory benefits for treatment and care under that Act where their entitlement to workers compensation has ceased, or where they recover damages from the employer in respect of the injury, have already commenced.

The By Lawyers Workers Compensation (NSW) publication has been updated to deal with these amendments.

Celebrating Guy Dawson’s 50 years in legal practice

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By Lawyers was proud this year to celebrate our co-founder and Editorial Director, Guy Dawson achieving 50 years as a continuously practising member of The Law Society of New South Wales. Guy was admitted on 31 May 1968.

Guy completed his articles at Robilliard & Robilliard and practised as a solicitor with Marsdens, Shailer Dawson, Pedley Dawson, Dawson & Butt and Our Lawyers before co-founding By Lawyers.

During this time Guy dedicated himself to general practice, developing a wealth of knowledge and experience across many areas of law.

Guy Dawson is well known for his collegiate and practical approach to his dealings with other lawyers, focusing on creating cost-effective and timely solutions for clients and building working relationships that are founded on trust and honesty.

Drawing on his experience and regard for the legal profession inspired Guy to create By Lawyers with the goal of making the practice of law more enjoyable and reducing the risk that small law firms face. Today, By Lawyers Legal Guides and Precedents are used by more than 10,000 subscribers across Australia, making Guy one of the most read legal authors in the country.

Guy’s years of dedication and hard work in bringing By Lawyers to firms across Australia is a significant contribution to the legal profession and the betterment of law and justice in the community. The By Lawyers team is proud to be a part of Guy’s bold vision.

Interest on unpaid legal costs – TAS

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Under new regulations, the maximum rate of interest on unpaid legal costs that can be charged by Tasmanian lawyers has increased significantly. The Legal Profession Regulations 2018 came into force on 28 November 2018 and replaced the Legal Profession Regulations 2008.

Rule 66 now provides that the applicable rate for interest on unpaid legal costs is that prescribed by the Rules of Court for the purposes of section 165 of the Supreme Court Civil Procedure Act 1932. The current rate is 7.5%. The previous rate was 3.5% and was tied to the Reserve Bank of Australia Cash Rate Target.

All By Lawyers Tasmanian costs agreements have been updated accordingly.

By Lawyers is presenting at the Small Law Industry Summit

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We are proud to be presenting as summit partners at the inaugural Small Law Industry Summit hosted by LEAP on 14 March 2019.

Tickets are selling fast – Secure your place at the Small Law Industry Summit here and be a part of the conversation on the future of the legal industry.

Our Managing Director Brad Watts will be presenting on law firm innovation through the four pillars of improved practice management.

The summit will also feature a number of not to be missed presentations from industry leaders on a range of key issues including leadership, risk mitigation, high-performance culture and the fundamental role of technology in shaping the future of the legal profession.

Get your early bird pass for a special rate of $95 and Claim 6 CPD points.

50% of each ticket sold will go towards supporting cyber security education – through a scholarship at Western Sydney University (WSU).

We hope to see you there!

 

Gratuitous attendant care – Personal injury update – NSW

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Section 15 of the Civil Liability Act 2002 allows an injured plaintiff to obtain damages for gratuitous attendant care services, being services of a domestic nature, services relating to nursing and services that aim to alleviate the consequences of an injury, which are provided by another person to the claimant, for which the claimant is not liable to pay. Such services are most often provided by a family member of the plaintiff, who has voluntarily assisted the plaintiff either with domestic tasks like cooking, washing and cleaning or with rehabilitation efforts such as physical exercises or speech therapy, without payment.

Section 15B of the Act extends this head of damage to loss of the plaintiff’s capacity to provide gratuitous domestic services to the claimant’s dependants, in certain circumstances.

The Court of Appeal decision in Amaca Pty Ltd (under NSW administered winding up) v Raines; Seltsam Pty Ltd v Raines [2018] NSWCA 216 considered s 15B in detail. In that case an appeal was dismissed against an award of damages for loss of the capacity to provide gratuitous domestic services in the nature of ‘passive’ around-the-clock care by parents of their severely disabled adult son who had been injured in a work accident. The award was upheld notwithstanding that the dependent son’s own workers compensation insurer was also responsible for funding his care.

The By Lawyers Personal Injury (NSW) guide has been updated following this Court of Appeal decision.

The LEAP Small Law Industry Summit – March 2019

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By Lawyers is excited to announce that we will be presenting at the Small Law Industry Summit hosted by LEAP on 14 March 2019.

The Small Law Industry Summit is the first of its kind and will showcase some of the legal community’s most prominent thought leaders. Key issues which will be addressed include leadership, risk mitigation, practice management and innovation, high-performance cultures and the fundamental role of technology in shaping the future of the legal profession.

Our Managing Director Brad Watts will discuss the four pillars of improved practice management including:

  • the importance of client focus in a modern legal practice;
  • implementing systems and processes that naturally support success;
  • training and supervision to empower your staff and ensure quality; and
  • refocusing your efforts to find joy in practising law.

While it is often overlooked, effective practice management is the cornerstone of building a successful legal practice. Brad has more than 20 years experience in legal practice, including as a partner, director and consultant. His presentation will provide valuable insights for all small firms, whether new or well-established.

Register now to see presentations from By Lawyers and other industry leaders including the founder of LEAP Legal Software, AFR Rich-Lister and EY Australian Entrepreneur of the Year 2017, Christian Beck.

Attendees will be able to claim 6 CPD points.

About By Lawyers

By Lawyers is dedicated to helping lawyers enjoy practice more.

We have over 7,000 precedents and 140 end-to-end legal practice guides. We specialise in offering  practical and professional guidance for all major areas of law. Every piece of By Lawyers content is written or reviewed by a solicitor or barrister practising in the applicable state or federal jurisdiction.

About LEAP

For over 25 years, LEAP has been at the forefront of delivering innovative technologies designed to advance and protect the efficiency, flexibility and growth of the small law industry.

Secure your place at the Small Law Industry Summit here.

50% of each ticket sold will go towards supporting cyber security education – through a scholarship at Western Sydney University (WSU).

QR codes on File Cover Sheets

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qr codes_file cover sheetsQR codes are now included on all By Lawyers File Cover Sheets, in place of a bar-code.

A QR, or Quick Reference, code is a matrix form of a machine readable optical label. The QR codes on By Lawyers File Cover Sheets store the firm’s identification number, along with a separate identification number unique to each file.

If your firm is a Fileman client, the new QR code is used identify your firm’s files that are kept in long-term storage.

 

 

 

Keeping up to date – Podcast

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The law never stands still! Keeping up to date with changes in the law and practice is an ever present challenge faced by law firms.

Legislation and regulations change all the time, new cases are decided which impact the law, new practice directions are released by courts and changes in document lodgement processes are made by various authorities. All these and more need to be continually noted and understood, as they can affect the way a law firm conducts client matters and does business.

Just keeping the firm’s precedents current with changes in the law is a major task – which is not billable! Using precedents which are out of date exposes the firm to risk.

Using By Lawyers commentaries and precedents eases the burden upon firms and reduces their risk.

By Lawyers have a team dedicated to tracking changes in the law in each Australian jurisdiction and ensuring that all of our content is updated as those changes happen. Firms using the By Lawyers guides can be confident that they are using commentaries and precedents which are up to date with current legislation.

In our latest podcast our Managing Director Brad Watts and LEAP’s National Marketing Manager Claire James discuss the issues around keeping up to date with the law and how By Lawyers can help firms to stay on top of changes.

 

Electronic filing in the Magistrates Court – QLD

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The By Lawyers Magistrates Court QLD commentaries have been updated to reflect the recent changes which introduce electronic filing in the Magistrates Court, as a result of amendments to the Uniform Civil Procedure Rules 1999 by the Uniform Civil Procedure and Other Legislation Amendment and Repeal Regulation (No. 1) 2018 and the subsequent repeal of 49 Practice Directions by Practice Direction No. 4 of 2018.

New Division 4, Part 1, Chapter 22 of the Uniform Civil Procedure Rules 1999 now sets out the rules for electronic filing. For court users to access eLodgement, it is necessary to contact CITEC Confirm to obtain a login.

The following documents are approved by the Principal Register for electronic filing in the Magistrates Court where the proceedings were commenced by a claim that was electronically filed:

  • Claim (Form 2)
  • Application (Form 9)
  • Statement of Claim (Form 16)
  • Request for default judgement (Form 25)
  • Default judgement (Form 26)
  • Affidavit (Form 46)
  • Enforcement Hearing Summons (Form 70)

By Lawyers Guides provide practitioners and support staff with up to date information to help make the practice of law easier.

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