The Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 has received assent however commencement is yet to be proclaimed. It will give effect to the NSW component of a national recognition scheme for domestic violence orders.
Music copyright
Following a recent mentor question the Sale & Purchase of Business commentary in all states was updated to discuss the licensing requirements for business owners when playing background music in their businesses. Amendments were also made to the Retainer Instructions in each state.
Wills, Powers of Attorney and Enduring Guardianship NSW
Wills, Powers of Attorney and Enduring Guardianship
DECEMBER
- New Commentary on Challenging the validity of a will
- Challenging a will questions its validity. Contesting a will questions the fairness of its provisions. The circumstances and processes when challenging a will are similar across all the states in legislation and in the common law principles that govern this interesting area of the law. This addition to commentary covers helpful tips for practitioners if they are faced with a client wishing to challenge the validity of a will.
OCTOBER
- Update to all Power of Attorney precedents – additional explanation of clause 3 Conditions and limitations.
- Costs Agreement
- 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.
SEPTEMBER
- Powers of Attorney and Enduring Guardianship
- Updated commentary and precedents to refer to Guardianship Regulations 2016.
- Updated links to Guardianship Regulation 2016 (Schedule 1 and regulation 4) to Austlii consolidated regulation.
JUNE
- Content has enriched to now include irrevocable powers, ademption, registration of a power of attorney and land transactions, and also when there is no guardian.
- Added new precedent – Individual will creating multiple testamentary discretionary trusts.
MARCH
- Commentaries enriched to include a new section ‘What an attorney can’t do’. Commentaries also enriched to include Instruments made in other states.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
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.
Workers Compensation NSW
DECEMBER 2016
New precedents were added including an Application for review of work capacity decision and a Work compensation referral sheet
OCTOBER 2016
The commentary and the retainer instructions were updated to reflect the new monetary amounts.
The Costs Agreements were updated to reference the 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.
The Disputes section was improved, with 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.
A new precedent was included Application for merit review by SIRA.
SEPTEMBER 2016
Amendments were made to precedents and commentaries to reflect new Workers Compensation Regulation 2016 and updated links to the regulation.
Motor Vehicle Accident NSW
View the Motor Vehicle Accident publication on By Lawyers
NOVEMBER
- New commentary added on recent amendments to maximum costs recoverable by practitioners – Amendments by Motor Accidents Compensation Amendment (Claims) Regulation 2016
OCTOBER
- Retainer instructions – Motor accident claim – Updated references to indexed maximum amounts of damages.
- 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.
Personal Injury NSW
NOVEMBER
- Commentary – Updated link to clause 3 of CIVIL LIABILITY (NON-ECONOMIC LOSS) ORDER 2010 regarding maximum amount of damages for non-economic loss.
OCTOBER
- Retainer instructions – Updated reference to index amount for maximum non-economic loss.
- 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.
Mortgages NSW
NOVEMBER
- Letter to owners corporation section 22 notice – Update for commencement of the Strata Schemes Management Act 2015 the Strata Schemes Development Act 2015 and their accompanying regulations on 30 November 2016.
District Court Civil NSW
NOVEMBER
- Brand new guide added – ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
- Acting for the Defendant and Acting for the Plaintiff Guides
- Commentaries added on service outside of Australia
- Commentaries added on list of exhibits
- Costs Agreement
- 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.
Local Court Civil NSW
NOVEMBER
- Brand new guide added- ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
- Updated commentaries with respect to amendments to Local Court Practice Note No. 1 of 2015.
- Costs Agreements
- Included reference to time limit for bringing costs assessment, 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.
Leases NSW
OCTOBER
- 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.
SEPTEMBER
- LEASE – Retail – Annexures A and B – Mortgage consent fees have been updated accordingly.