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Compensation indexation – NSW

4 October 2022 by By Lawyers

Various amendments for compensation indexation have been applied to the By Lawyers Injuries publications in New South Wales.

Each year on 1 October the various statutory compensation schemes and legislative caps have indexation applied to the maximum amounts recoverable by injured persons.  For 2022 these changes are contained in the following pieces of subordinate legislation:

  • Civil Liability (Non-economic Loss) Amendment Order 2022
  • Motor Accident Injuries (Indexation) Amendment Order (No 2) 2022
  • Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2022
  • Motor Accidents Compensation (Determination of Loss) Order 2022
  • Workers Compensation (Indexation) Amendment Order (No 3) 2022

Wherever applicable, the commentary and precedents – particularly the Retainer instructions precedents – have been updated for these changes in the following By Lawyers publications:

  • Motor Vehicle Accidents (NSW) – Accidents prior to 1 December 2017
  • Motor Vehicle Accidents (NSW) – Accidents from 1 December 2017
  • Personal Injury (NSW) – Acting for the plaintiff
  • Personal Injury (NSW) – Acting for the defendant
  • Workers Compensation (NSW)

By Lawyers always update our publications for statutory indexing. This typically occurs in most jurisdictions on 1 January, 1 July, and, as in the case of NSW injuries legislation, 1 October each year.

Filed Under: Legal Alerts, Litigation, Miscellaneous, New South Wales, Personal injury, Publication Updates, Workers Compensation Tagged With: compensation, motor accidents, motor vehicle accident claims, NSW Workers Compensation, personal injury, updates

1 July updates – All states

30 June 2020 by By Lawyers

1 July updates are a big focus for By Lawyers. This is because many Commonwealth and state legislative instruments provide for scheduled indexing of relevant monetary amounts and increases in government fees and charges.

These updates can include court filing fees, lodgement fees for property dealings, minimum weekly compensation amounts for Workers Compensation and various fines.

By Lawyers always monitor these changes for our subscribers. Each year we ensure that our publications are amended where necessary to reflect 1 July updates.

We also monitor and update for legislative indexing and increases which occur regularly at other times. These include 1 January changes and also other specific dates prescribed by some statutes.

The 1 July updates have been applied, or are in the process of being applied as they get released, to the following By Lawyers publications:

  • Conveyancing and Property;
  • Criminal;
  • Litigation;
  • Family;
  • Estates;
  • Injuries; and
  • Employment.

Stay updated with By Lawyers guides and precedents. Happy new financial year!

Filed Under: Australian Capital Territory, Federal, Legal Alerts, Miscellaneous, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia Tagged With: 1 July, conveyancing, legislation, updates, workers compensation

1 July updates – FED and All states

3 July 2019 by By Lawyers

1 July updates are a big focus for By Lawyers. This is because many commonwealth and state legislative instruments provide for scheduled indexing of relevant monetary amounts and increases in government fees and charges.

These updates can include court filing fees, lodgement fees for property dealings, minimum weekly compensation amounts for Workers Compensation and various fines.

By Lawyers always monitor these changes for our subscribers. Each year we ensure that our publications are amended where necessary to reflect 1 July updates.

We also monitor and update for legislative indexing and increases which occur regularly at other times. These include 1 January changes and also other specific dates prescribed by some statutes.

The 1 July updates have been applied to the following By Lawyers publications:

  • Conveyancing and Property;
  • Criminal;
  • Litigation;
  • Family;
  • Estates;
  • Injuries; and
  • Employment.

Stay updated with By Lawyers guides and precedents. Happy new financial year!

Filed Under: Australian Capital Territory, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia Tagged With: 1 July 2019, legislation, updates

Wills commentary – VIC

9 April 2019 by By Lawyers

The By Lawyers Wills commentary in our Victorian Wills publication  has been updated with the following recent cases:

  • Lester v Lester [2018] VSC 611 – a discussion of construction of a will and the Settled Land Act 1958.
  • Re Langley [2018] VSC 623 and IMO the estate of Bruce William Standish (deceased) [2018] VSC 629 – discussion on informal wills.
  • Burgess v Burgess [2018] WASC 279 – discussion on potential conflicts where the legal personal representative seeks to claim superannuation benefits for themselves and provisions which might be included in the will.
  • Challenging a will after probate has been granted – Re Theodolou [2018] VSC 601 and Nobarani v Mariconte [2018] HCA 36
  • Nobarani v Mariconte [No 2] [2018] HCA 49 – forgery and costs in a will challenge
  • Family Provision claims with blended families and a Family Court order – Re Marsella; Marsella v Wareham [2018] VSC 312 (husband), Davison v Kempson [2018] VSCA 51 (adult child) and Matheson v Young; Sisson v Wharton & Young [2018] VCC 436 (adult children)

The discussion of costs in the commentary has also been updated in line with The Practitioner Remuneration Order, revised as at 1 January 2019.

The Land Tax section in the commentary has also been updated with regard to:-

  • Administration may be deemed by SRO to have been completed in many circumstances even where the land has not been distributed/transferred to beneficiaries – LTX Trust Form 18 Deceased estate – which relates to both commencement and completion of administration
  • All transferees of residential property in Victoria must complete a Digital Duties Online form purchaser statement.

We are grateful for the assistance of Roz Curnow, our learned Victorian Wills & Estates author, with these commentary updates.

Filed Under: Victoria, Wills and Estates Tagged With: Estates VIC, updates, Wills

Keeping up to date – Podcast

15 November 2018 by By Lawyers

The law never stands still! Keeping up to date with changes in the law and practice is an ever present challenge faced by law firms.

Legislation and regulations change all the time, new cases are decided which impact the law, new practice directions are released by courts and changes in document lodgement processes are made by various authorities. All these and more need to be continually noted and understood, as they can affect the way a law firm conducts client matters and does business.

Just keeping the firm’s precedents current with changes in the law is a major task – which is not billable! Using precedents which are out of date exposes the firm to risk.

Using By Lawyers commentaries and precedents eases the burden upon firms and reduces their risk.

By Lawyers have a team dedicated to tracking changes in the law in each Australian jurisdiction and ensuring that all of our content is updated as those changes happen. Firms using the By Lawyers guides can be confident that they are using commentaries and precedents which are up to date with current legislation.

In our latest podcast our Managing Director Brad Watts and LEAP’s National Marketing Manager Claire James discuss the issues around keeping up to date with the law and how By Lawyers can help firms to stay on top of changes.

 

Filed Under: Miscellaneous, New South Wales, Queensland, South Australia, Victoria, Western Australia Tagged With: changes in the law, Keeping up to date, legislation, podcast, updates

Providing feedback to By Lawyers

29 August 2018 by By Lawyers

At By Lawyers we love to receive feedback from our subscribers. We are available via email: askus@bylawyers.com.au.

We always respond promptly to issues or suggestions about our guides and precedents.

For LEAP users there are two additional ways to provide feedback:

  • When in a LEAP matter, in the top right hand corner of the screen there is a blue Question Mark icon. Clicking on it reveals a drop-down box for the LEAP Community pages – one of these is ‘Help, support and feedback’.
  • When using any precedent in LEAP, there is  always a ‘Provide Feedback’ button in the ribbon at the top of the document, next to ‘Save to matter as PDF’. This opens to a feedback form where any issues or suggestions regarding the precedent can be provided. Where such feedback relates to a By Lawyers precedent, LEAP send it on to us and we will always address it promptly, directly with the user.

By Lawyers have often introduced new precedents or enhanced our commentaries as a result of subscriber suggestions. Whenever we see a need for the proposed additions or amendments we are happy to oblige, so as to benefit not only the firm that made the request but all of our other users as well. Sometimes our subscribers will not only identify an issue, such as a new precedent that might be needed, but they will also provide us with the resolution – a precedent they have developed themselves and are happy for us to publish for the assistance of others. The law is, after all, a noble profession and helping each other in a collegiate way is one of the hallmarks of being a lawyer.

Our goal at By Lawyers is to help our subscribers enjoy practice more. Responding to feedback is one of the ways we do it.

Filed Under: General User, LEAP User, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Tips & Tricks, Victoria, Western Australia Tagged With: feedback, precedents, suggestions, updates

Family Law – Children publication review

16 April 2018 by By Lawyers

The By Lawyers Family Law author has reviewed the Children publication covering commentary, matter plan and precedents.

Commentary updates include the following additions:

  1. Practical application of s 65DAC –  Equal shared parental responsibility requires parents to consult one another and make a genuine effort to jointly make decisions on major long term issues relating to a child. The practical application of the obligation in s 65DAC can be difficult in some cases and is sometimes misinterpreted. The requirement is to consult and to make a genuine attempt to jointly make a decision;
  2. Practical use of parenting plans in situations where there is not high conflict; and
  3. Federal Circuit Court Practice Direction No. 2 of 2017 providing strict directions for affidavits in interim matters.

The new requirements for affidavits in the Family Court has led to a new Exhibit page to Affidavit form being created by LEAP. This has been linked where necessary in the matter plan.

The author also created a new precedent letter: Letter of appointment to psychologist for a private family report located in the Going to Court section. The letter covers party representation, what the report needs to address and a list of enclosed documents filed in the proceedings.

Filed Under: Family Law, Federal, Publication Updates Tagged With: children. property settlement, updates

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

11 January 2018 by By Lawyers

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.

Filed Under: Litigation, Miscellaneous, New South Wales, Publication Updates Tagged With: Appeals, Common Law Division, Equity Division, Supreme Court, updates

QLD – QCAT Publication – Author updates

23 November 2017 by By Lawyers

The commentary within the QCAT Publication has been reviewed by the author and various general amendments and improvements were made.

Filed Under: Litigation, Publication Updates, Queensland Tagged With: QCAT, updates

Family Law – Discontinuance & Summary Dismissal

9 November 2017 by By Lawyers

Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.

Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …

See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.

Filed Under: Family Law, Federal, Legal Alerts, Publication Updates Tagged With: children, court, discontinuance, divorce, family law, property settlement, summary dismissal, updates

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