ByLawyers News and Updates

Family provision claims VIC

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New precedents have been added to the By Lawyers Family Provision Claims VIC publication.

Following an author review of the guides, there is new content on the matter plans for both Acting for the Estate and Acting for the Plaintiff.

The new content to assist practitioners acting for clients in relation to claims on a deceased estate under Part IV of the Administration and Probate Act 1958 includes:

Acting for the Estate – new family provision precedents

  • Letter to beneficiary affected by settlement of claim
  • Letter to client after first directions hearing
  • Letter to client enclosing affidavits for signing
  • Letter to client enclosing draft affidavits
  • Letter to witness enclosing affidavit for signing

Acting for the Plaintiff – new family provision precedents

  • Letter to potential claimant
  • Authority to settle and receive
  • Direction to pay and authority to receive
  • Letter to client enclosing settlement deed
  • Letter to client after filing claim
  • Letter to client enclosing draft affidavit
  • Letter to client enclosing affidavit for signing
  • Letter to client after first directions hearing
  • Letter to client enclosing estate affidavits
  • Letter to witness enclosing affidavit for signing
  • Letter to client finalising the matter – Payment
  • Letter to client finalising the matter – No payment

This review of the Family Provision Claims VIC publication and the addition of these new family provision precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

Workers’ compensation – QLD

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Recent amendments to workers’ compensation legislation have commenced in Queensland.

All workers’ compensation provisions of the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019 have commenced as of 1 July 2020. They mostly apply only in relation to new claims.

The amendments include:

  • extending workers’ compensation coverage to unpaid interns;
  • requiring employers and insurers to provide ongoing rehabilitation and return to work services if the injured worker has been unable to return to work after their entitlement to weekly benefits and medical expenses ceases;
  • requiring employers and insurers to take reasonable steps to provide support services for workers with psychiatric and psychological injuries on a without prejudice basis while their claims are being assessed;
  • removing the requirement for the worker’s employment to have been the major significant contributor to a worker’s psychiatric or psychological injury;
  • making the decision of an insurer not to provide support services to workers with psychiatric and psychological injuries reviewable;
  • extending circumstances in which insurers have discretion to waive time requirements for lodging an application;
  • replacement of dollar amounts of compensation with reference to QOTE, being the seasonally adjusted amount of Queensland full-time adult ordinary time earnings, as declared by the Australian Statistician;
  • requiring self-insured employers to report injuries and payments to WorkCover;
  • making provision for qualification, via accredited training, of the rehabilitation and return to work coordinators that employers must appoint under the Act;
  • providing that apologies or expressions of regret by employers regarding workplace injuries are not admissible or able to be considered on the question of liability in an action for common law damages – this applies retrospectively to apologies or expressions of regret made before the commencement of these amendments.

The By Lawyers Queensland Workers’ Compensation publication has been updated accordingly.

Service of documents outside Australia – QLD

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The rules in Queensland courts relating to service of documents outside Australia have been amended.

The Uniform Civil Procedure (Service Outside Australia) Amendment Rule 2019 (Qld) has inserted a new Chapter 4, Part 7, Division 1 into the Uniform Civil Procedure Rules 1999 (Qld). The new Division 1 of Part 7 consists of two subdivisions, dealing with the Supreme Court and the District and Magistrates courts respectively.

The amendments are to incorporate the harmonised rules for service of documents outside Australia originating from the Council of Chief Justices’ Rules Harmonisation Committee. The amendments are minimal, relating mainly to terminology and consistency between jurisdictions.

The rules provide for the service of documents outside Australia, not including New Zealand, which is already covered by the provisions of the Trans-Tasman Proceedings Act 2010 (Cth).

The commentaries in the following By Lawyers litigation guides have been amended accordingly:

Commercial arbitration – UCPR – QLD

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Recent amendments to the Uniform Civil Procedure Rules 1999 (UCPR) provide for processes when Queensland courts become involved in commercial arbitration matters.

The Uniform Civil Procedure (Commercial Arbitration) Amendment Rule 2019 (QLD) introduces a new Chapter 9A into the UCPR which deals with all aspects of arbitrations under the Commercial Arbitration Act 2013 (Qld) and the International Arbitration Act 1974 (Cth).

The Queensland Act is harmonised with commercial arbitration acts in other Australian jurisdictions and largely reflects the provisions of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on 21 June 1985, with amendments as adopted by that Commission in 2006 (‘Model Law’).

The new rules relate to applications under the Acts, or the Model Law, including applications:

  • for a stay and referral to arbitration in existing proceedings before the court;
  • to enforce a foreign arbitration award;
  • to issue subpoenas in arbitration matters;
  • relating to evidence for arbitrations;
  • relating to disclosure of confidential information in relation to arbitrations;
  • to set aside an arbitrator’s award;
  • to enforcement an arbitrator’s award;
  • for leave to apply to the court for the determination of a question of law arising in the course of an arbitration;
  • for leave to appeal on a question of law arising out of an award.

The commentaries in the By Lawyers litigation guides for QLD Supreme Court Civil and District Court Civil have been amended accordingly.

Queensland – Conveyancing – Changing trustees

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A new section has been added to the By Lawyers Reference Guide 1001 Conveyancing Answers (QLD) dealing with changing trustees on the title of a property. This applies where the ownership of the property does not change, only the name of the trustee who holds the property for the trust.

The helpful addition covers the procedure required by the Titles Registry to change the name of the trustee on title, with reference to all  necessary forms and supporting documentation and a note regarding stamp duty consequences.

This new section has been added following a question sent to our Mentor service by a practitioner seeking clarification of the procedure in such a case. At By Lawyers we are always looking to enhance our publications to better assist our subscribers with the practical situations they encounter and we hope this is one example of that happening.

Qld – PEXA settlements – Transfer duty

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New commentary has been added to the By Lawyers Purchase Guide and 1001 Conveyancing Answers Queensland to clarify the specific stamping requirements for PEXA settlements.

Stamping must commence in the PEXA Workspace so that an ELN Transaction Number generates. This allows OSRconnect to directly verify the transfer duty once stamping has been submitted.

If stamping has already occurred in paper then the ELN Transaction Number does not exist and the system is unable to verify transfer duty so settlement in PEXA is not possible. The transaction will then need to revert to a paper settlement.

See the heading ‘Duties and Grants’ in the By Lawyers Purchase Commentary for details on the procedure to be followed.

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