With the assistance of the Corporations Act, or in the alternative the Court's inherent jurisdiction, shareholders and a range of other applicants have standing to apply to the Court to seek to "stand in the shoes of the company" and conduct litigation on its behalf. However, the law relating to derivative actions can be complex and it pays to be strategic. This session examines the key issues commercial lawyers should consider, including:
Workplace stress is a health and safety issue that is regulated by a myriad of different laws. Employers have obligations to prevent and address workplace stress. Is the risk management policy sufficient? What training mechanisms are in place to mitigate your risk? And, when are employers on the hook for stress suffered by employees? This session examines these issues and covers:
While death duties in Australia are long gone, tax remains an important part of managing a deceased estate. This session provides guidance on what administrators need to be aware of in the estate management process from a very early stage onwards, including:
Presenting evidence is the key to a successful personal injury trial. This session looks at the key evidence challenges in managing a personal injury matter, including:
In recent times, practitioners have seen a raft of reforms dealing with personal injury assessment from motor vehicle accidents. This session looks at practical procedural issues in its operation and what glitches arise in practice. It includes:
A challenge to testamentary capacity often places the professionalism of the drafting practitioner in the spotlight, and can be reputationally damaging. This session discusses how the weight of evidence is changing from medical expertise to more general lay observations, and what practitioners can do to protect themselves from challenges, including:
Family trusts and testamentary trusts are a popular vehicle for asset protection and prudent financial management. However, as a result of recent legislative changes, along with new case law, the landscape is shifting and it may be time for clients’ estate plans to receive a grease and oil change. This session examines these key changes and how they may impact the estate plan, including:
Property law can be furtive ground for ethical issues. This practical session will step through a number of hypothetical scenarios to illustrate the ethical challenges that can arise in private practice. It covers case studies involving the following key issues:
Verification of identity
Who is your client?
Representing multiple interests in a transaction
Rebates
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for property lawyers for the CPD year ending 31 March 2021. This is a national webinar and is suitable for property lawyers Australia wide.
Session 1: Legal Ethics: Keeping the House Clean: Navigating Ethical Issues in Property Law
Responsibility for making a valid claim to a caveat has shifted from the client to the PEXA user as a result of process changes requiring conveyancers to make a certification. This session will provide a guide to the lodging of a caveat and how conveyancers can minimise their risks in doing so, including: