Monday Briefs 19 December 2022

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Your weekly professional update

PRESIDENT'S MESSAGE
A brief farewell 

As I said in my speech at this year’s Annual Members Dinner earlier this month, ‘this office is an honour to hold’. The honour was passed to me from our Immediate Past President Juliana Warner and now it’s my turn to pass it on to President-elect Cassandra Banks. 

It’s no small feat that it’s taken 180 years to enable the Law Society of NSW to have three female Presidents in a row. We are, I think, reaching a stage where that fact will become utterly unremarkable. And what a good thing that is too. Continue reading >
 
 
NEWS
Law Society holiday closure
Today is the final Monday Briefs for 2022. The Law Society of New South Wales will be closed from close of business Friday 23 December 2022 through to Friday 6 January 2023. During this period, the Law Society will operate with a skeleton staff who will service specific regulatory and licensing functions. The Law Society’s Phillip Street building and most services to the profession and public, however, will be closed.
Announcement re trustees
The Law Society draws members’ attention to the recent case of Ex parte MLC Investments Ltd [2022] NSWSC 1541, in which the Supreme Court considered the application of s249E of the Crimes Act 1900 to a change of trustee. The decision held that a corrupt purpose is not an element of the statutory offence, thus requiring any change of trustee that includes, for example, the giving of indemnities and costs coverage, to have the consent of either all trust beneficiaries or the Supreme Court so as to avoid the offence. The Law Society intends to raise the case and its implications with the Attorney General urgently, and we will keep members informed regarding further developments.
Just Chat with Joanne van der Plaat
For our final episode of 2022, Keely McDonough speaks to the Law Society's outgoing president, Joanne van der Plaat. Joanne reflects on navigating the profession out of COVID, the toll of natural disasters and a year of advocacy on many fronts. Listen here. This episode is supported by NobleOak.
Festive feast and Christmas treats
Celebrate the festive season with our special holiday hampers available throughout December. Treat yourself (and your loved ones) with the limited edition Festive Foodie Feast Hamper, to sort out your Christmas day, and Christmas Treats Hamper, so you can stock up on your classic Christmas goodies. Click here for the full hamper details and to place your orders.
 
WHAT'S ON
Life cycle of a family provision claim in NSW: A practical walkthrough – live online workshop
Friday 20 January 2023
Embracing hybrid work: Mandatory rule 6.1 – live webinar
Wednesday 1 February 2023
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
Retail Leases Regulation 2022
The Retail Leases Regulation 2022 was published on 16 December 2022 and commences on 1 January 2023. The Regulation contains Schedule 1 Retail shop businesses (moved from the Act) and now includes ‘Small bars with a maximum patron capacity of 120’ and ‘Gymnasiums and fitness centres, including yoga, barre, pilates and dance studios’.

Library and Visiting Solicitor Rooms Holiday Closures
​​​​​​The Library and Visiting Solicitor Rooms will be unavailable on Tuesday 20 December 2022 due to a stocktake. All Library services and access to the Visiting Solicitor Rooms will conclude for the year at 12pm on Friday 23 December 2022 and return at 9am on Monday 9 January 2023. Where possible, please submit all library requests for assistance to library@lawsociety.com.au by 4pm on Friday 16 December 2022.
 
LEGAL UPDATES powered by LSJ
Environmental and planning law
Compensation for the resumption of rural land
By Andrew Beatty and Paul Day ​​​​​​>
Property law
‘Best practice’ when acting for spouses in property transactions
By Rebecca Mostyn ​​​​​>
 
IN THE PRESS
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