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.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
Assets and liabilities list
A new ‘tear off’ assets and liabilities list has been added to the retainer instructions Wills, powers of attorney precedent. This list may assist clients when they wish to provide more detail in their planning, as well retained by the client with their personal documents.
Retirement villages in NSW
A complete guide on the law and practice as it applies to Retirement Villages in New South Wales including 
a comprehensive treatment on obtaining accommodation and services within a retirement village, living there, and ending a residency including on sale, on termination, and on death.
This guide is available through the Conveyancing (NSW) publications as well as Leases (NSW).
– Precedents in the guide include:
– Retainer Instructions;
– To-do List;
– Checklist for prospective residents;
– Various letters of advice on commencing residency, completion and moving out;
– Various letters to the operator; and
– NCAT application forms.
The commentary includes information on the fundamental terms of the statutory regime, the standard contracts and mandatory documents, duties taxes and rates, taking occupation, living in a village and ending a residency including death and termination, payment of refund by the operator and dispute resolution.
NSW – Latest conveyancing changes
LPI fees increase from 1 July 2017
Retail Leases
Major changes include abolition of the 5 year minimum term, the inability to claim outgoings not disclosed, and the introduction of penalties for failing to comply with key aspects of the legislation.
By Lawyers Contract for the sale of land
- Updated for the Foreign Resident Capital Gains Withholding Payment changes; and
- Land tax adjustment section amended to elect if foreign resident land tax surcharge is adjustable.