Taking instructions from a new client sounds like a simple thing but far too often legal practitioners miss getting the crucial information. This session gives you an insight into best practice in conducting client interviews and covers:
Conflict checking
Recognising problematic areas:
instructions for wills
instructions from parents for financial agreements involving their children
The ATO has provided guidance on when expenditure incurred by a super fund under a non-armβs length arrangement will trigger the NALI provisions. Even a minor breach has the potential to subject an SMSF to the highest marginal tax rate. This podcast drills down on how the guidance may apply in practice.
Featuring: Ian Burgess, Burgess CA Pty Ltd, Brisbane, Qld
26 minutes / 0.4 CPD hours
Practitioners should be constantly on guard for ethics risks in their criminal law practice. The session looks at some key areas and how best to handle them including:
When an error of law or fact arises in proceedings favoring the defense
Ethics in Legal Professional and Solicitor Client Privilege
Ethics issues in advising client on guilty plea when they wish to plead not guilty
What to do when Solicitor and client disagree on conduct of the defense
Itβs been just over seven months since the introduction of the GST withholding rules on new residential property on 1 July 2018. Now that the dust has settled on the initial implementation, what complexities and challenges are we seeing? This session covers tips and traps based on experience of how the provisions have operated in practice, including:
In complex situations (e.g. multiple vendors, multiple purchasers or nominee purchasers):
who is meant to notify?
who is meant to withhold?
Post-separation is a difficult time for families, but the distress and dislocation can be severely exacerbated by ongoing and extreme conflict between the parties. This practical session will provide best practice guidance in navigating the process, including:
Legitimate performance management of employees should be a straightforward process. However, complications can, and do, arise when performance management coincides with the employee lodging a complaint or grievance, or extended stress leave. If not properly handled, these issues can lead to time-consuming and costly adverse action claims. This session covers how employers can navigate the perilous path between performance management and adverse action claims, including:
Most lawyers wonβt face a front-page scandal β but ethical lapses rarely start that way. Often, itβs the overlooked email, the blurred digital boundary, or the pressure to follow a seniorβs lead that creates risk. This session explores how small ethical slips, workplace pressures, and the pace of modern practice can lead to big professional consequences β and what you can do to stay on course. It covers:
Cyber fraud seems to be a weekly occurrence. This is not just a PEXA issue, but a cyber security issue affecting every property lawyer. This session will look at the various ways your practice may be vulnerable to cyber risks, and the steps you can take to prevent it. It includes:
An overview of the cyber security risks facing property lawyers
Assessing your own cyber security risk and vulnerabilities
Cyber security measures to help manage the risks
Disputes between workers can often start as minor disagreements or be attributed to incompatible personalities but have the potential to escalate into claims of bullying or discriminatory treatment. This session will explore the benefits of early intervention strategies in workplace disputes and other available actions and remedies before the situation ends up in a compensation claim or legal dispute, including:
This session covers recent developments in conveyancing practice, with the Victorian practitioner in mind. It includes: