ByLawyers News and Updates

Data breaches – Mandatory reporting of eligible data breaches from 22 February 2018

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Mandatory reporting of eligible data breaches from 22 February 2018

Amendments to the Privacy Act come into force from 22 February. As holders of ‘personal information’ as defined in the Act, law firms which experience a data breach must:

  • Notify the Office of the Australian Information Commissioner, AND
  • Notify ALL affected individuals.

To cater for these changes, we have today added a new chapter to our Practice Management commentary: Data Breaches.

Taking the time to review your level of data protection is well worth the effort. This includes protective software and an efficient system of information management.

For more information please read our commentary.

Employment Law – 101 Employment Answers – New reference manual

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We are excited to announce that we have significantly enhanced our Employment Law publication by the addition of a new reference manual – 101 Employment Answers.

Sourced from our Mentor service 101 Employment Answers is an extremely useful collection of questions and answers on all aspects of employment law, from various states, on various topics, dealing with the status, rights and obligations of employers, employees and contractors.

101 Employment Answers can be accessed directly from the Employment Law guide within LEAP or from the Employment Law page on the By Lawyers website.

McKenzie Friend – A friend in need

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A McKenzie Friend (MF) is someone who assists an unrepresented person in court. They can be a lawyer, but they are not a substitute for a lawyer. So lawyer or not, when acting as a MF they may not address the court; they can take notes, organise papers, whisper quietly to and generally assist the litigant. McKenzie v McKenzie (1970) 3 W.L.R 472 was a family law case and MFs are more common in family and guardianship matters, but they may be permitted in any court where an unrepresented person needs assistance to ensure fairness. However, some MFs are overbearing do-gooders, or bush lawyers, who cause disruption and delay rather than actually assist and will not be permitted to remain. In guardianship hearings where there is no right of representation, a lawyer can act as a MF.

New Partnerships Guide

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Within the must have commercial publication Companies, Trusts, Partnerships and Superannuation we have created a new guide, commentary and precedents focusing extensively on the topic of Partnerships.

Partnerships covers all aspects of setting up and running a business using partnership trading structures including:

  • general partnerships;
  • limited partnerships; and
  • incorporated limited partnerships.

The commentary, guide and precedents provide an end to end solution for partnership businesses such as:

  • establishing a new partnership and the partnership agreement;
  • adding new partners or making changes to profit share structure of an existing partnership;
  • removing or expelling a partner; and
  • dissolving a partnership and business succession arrangements.

The commentary also discusses the taxation and property ownership implications of operating under a partnership structure.

The Companies, Trusts, Partnerships and Superannuation guides also provides detailed information about other business structures including companies, trusts and self-managed superannuation funds.

Motor Vehicle Accidents NSW – Post 1 December 2017 amendments

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The Motor Vehicle Accidents NSW Publication has been amended in relation to the new regime brought in by the the Motor Accident Injuries Act 2017 which commenced in full on 1 December 2017 and applies to all motor vehicle accidents occurring after that date. The Motor Accidents Compensation Act 1999 continues to apply to accidents prior to that date and there are accordingly two separate regimes operating for at least three years.

This comprehensive and easy to follow publication helps practitioners to navigate the convoluted and restrictive legislation which applies to motor accident claims in NSW. There are two separate Guides – one for accidents which occurred prior to 1 December 2017 and another for accidents occurring on or after 1 December 2017. Each Guide contains commentary, precedents and forms specific to the relevant statutory regime.

The new Guide is available to all LEAP cloud users and via subscription to the ByLawyers website.

Estates NSW – Transfer of dutiable property

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The commentary now deals with the duty payable on the transfer of dutiable property from the executor/administrator to a beneficiary:

  • in accordance with the will or rules of intestacy; and
  • where there is an agreement  to vary the trusts in the will of a deceased or arising on intestacy.

A NSW Revenue example has been added to the commentary to illustrate when property is dutiable where there has been a variation of entitlement under a will.

VIC – Estates – Effect of marriage and divorce on will beneficiaries

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Our commentary on the effects of marriage and divorce on wills has been added to. While a will is revoked by the marriage of the testator a number of exceptions apply, as per s 13 of the Wills Act. The commentary on the impact of divorce on a will is also enriched.

FAMILY LAW – LETTERS OF ADVICE FOR BINDING CHILD SUPPORT AGREEMENTS

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Detailed Letters of Advice for Binding Child Support Agreements have been added to the Children publication in Family Law with one for the “payee” and one for the “payer”. The letters explain Child Support Assessments and the meaning and effect of  Binding Child Support Agreements on the client’s rights. Each letter also lists the particular advantages and disadvantages of Binding Child Support Agreements for the “payee” and the “payer”. The “payee” letter explains the advantage of registering the agreement where there are non-periodic payments.

Locate these letters on the Children matter plan in Settling it Early in the Child Support folder.

NSW – Supreme Court – Equity Division and Common Law Division – Appeals – Practice Note SC CA 1

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Information has been added to the Act for Plaintiff and Act for Defendant commentaries in both the Supreme Court Common Law and Equity Guides to incorporate the requirements of Practice Note No. SC CA 1  which was issued on 13 December 2017 and which commenced on 1 January 2018.

All parties to proceedings in the Court of Appeal are required to comply with the requirements contained in  Part 51 UCPR (appeals) and Part 59 UCPR ( judicial review).  The Practice Note makes additional  provision for the  preparation and conduct of proceedings in the Court of Appeal.

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