New commentary discusses service of documents by the defendant.
References to Civil Procedure Regulations updated
Asset test thresholds
The asset test threshold amounts have been updated in the wills retainer instruction precedents.
Leases – new sublease precedents
Three new sublease precedents have been added to the Leases publication:
- Sublease – retail
- Sublease – commercial industrial
- Sublease – rural
Wills – resignation of trustee
A provision has been included in the will precedents to provide for the resignation of a trustee without being replaced, provided one remains.
Probate filing fees
The Supreme Court Probate filing fees have been updated in the retainer instructions and in the costs agreements. 1 July 2017
Workers compensation
This publication was recently reviewed with updates to commentary and precedents.
Asbestos loose fill insulation
The precedents and commentary have been updated to reflect the new requirements regarding loose-fill asbestos insulation.
NSW – Contracts for the Sale of Land
The Conveyancing (Sale of Land) Regulations 2017 will come into force 1 September 2017 affecting contracts for the sale of land.
The main changes are to the disclosure obligations requiring the following to be annexed to the contract:
- both the sewer mains and the connections diagrams are now required; and
- for a strata or community plan property ALL by laws must be attached including the model by-laws.
Changes to contract warnings include:
- a new warning about loose fill asbestos; and
- the swimming pools warning has been removed.
Commentary, precedents and the By Lawyers Contract for Sale of Land have all been updated.
NSW – Workers compensation – weekly benefits
Injured workers in NSW who have been receiving weekly benefits for more than five years, risk losing their entitlement from September 2017 unless they can establish a whole permanent impairment of at least 21%. This assessment can only be achieved by obtaining a Medical Assessment Certificate via the Workers Compensation Commission. Note this assessment cannot be obtained by agreement with the insurer.
Practitioners should be aware that these workers are being contacted by the insurers about this issue and may therefore contact their lawyer seeking advice. Funding for the provision of advice and medical assessment can be obtained from the Workers Compensation Independent Review office (WIRO).
NB: Injured workers and employers may also be contacted by insurers or icare to notify them of changes, as two insurance companies (CGU and QBE) are no longer providing claims service to workers compensation at 31 December 2017. This is a purely administrative change.
Estate filing fees
The costs agreements and retainer instructions have been updated to reflect changes to the Supreme Court filing fees.
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