Monday Briefs

6 September 2021

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Your weekly professional update

6 September 2021
PRESIDENT'S MESSAGE
Law Institute of Victoria adopts revamped Charter for the Advancement of Women

It’s fantastic to see that the Law Institute of Victoria has now adopted our revamped Charter for the Advancement of Women in the Legal Profession, making it available to all Victorian firms, practices and their teams. The Charter aims to promote and support strategies to retain women from all backgrounds in the profession over the course of their careers. We’ve seen an encouraging rise in signatories since we added new provisions to prompt signatories to establish procedurally fair and transparent sexual discrimination and harassment complaints processes. Continue reading >
 
 
NEWS
R U OK?Day – Thursday 9 September
In collaboration with NSW Young Lawyers and their 2021 charity partner, Minds Count Foundation, the Law Society of NSW is hosting a Staying Well in the Law panel event to mark R U OK?Day, focusing on how to practically ask, “Are you ok?” Our panellists will discuss the importance of normalising mental health conversations with colleagues and the positive personal impacts these conversations can have. Find out more
Government Solicitors Conference 2021 – registrations close midnight
Registrations for tomorrow's Government Solicitors Conference 2021 close at midnight tonight. Grab one of the remaining spots and don't miss out. Register here.
15+ sessions and 50+ speakers = 10+ CPD live + on demand
The program for the Future of Law and Innovation in the Profession (FLIP) Conference 2021 is a full day packed with topics to help make all legal practices more efficient, accessible and profitable. Get your member pass now for just $199. View the program and register
2021 NSW Women Lawyers Achievement Awards
Congratulations to those members of the legal profession nominated for the 2021 NSW Women Lawyers Achievement Awards. Finalists and winners of the various categories are being announced daily. Upcoming announcements this week include finalists in the categories of Regional Lawyer, Legal Academic, Change Champion, Mentor, Rising Star, Barrister, Outstanding Law Firm and Woman Lawyer of the Year. More here.
Call for expressions of interest – Law Society Committees 2021 
Want to make a difference in the legal profession? Submit an expression of interest by 5pm on 1 October 2021 to join one of the Law Society’s Committees. Apply here.
Law Society Diaries discontinued
Due to a significant decrease in demand, it is no longer viable for the Law Society to produce its annual diary. We apologise in advance for any disappointment this may cause. Find A Lawyer can help you find contact details of NSW solicitors that were previously included in the diary. Google will be the best place to search for all other up-to-date information.
First Nations Speaker Series: Bruce Pascoe
On Thursday 9, Bruce Pascoe and Justice Rachel Pepper join us for the final session of the First Nations Speaker Series. Best known for his book Dark Emu: Black Seeds: Agriculture or Accident?, Bruce will explore the pre-colonial agriculture, engineering and building construction of Aboriginal and Torres Strait Islander peoples and its significance and relevance to modern practices and thinking. Find out more.
On the menu this week
In Spain, any excuse will do to share a paella with your family – we've added a fresh and citrusy kale salad, finished with an apple and strawberry crumble. Order by 10am Tuesday for Friday delivery.
 
COVID-19 UPDATE
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NSW COVID-19 statistics
NSW recorded 1,281 locally acquired cases of COVID-19 in the 24 hours to 8pm last night from 136,455 tests. Sadly, five deaths were recorded in that same time period. Our thoughts are with their loved ones. NSW Health has reported that 31,903 vaccines were administered in the same time period. More information on today’s statistics here.
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Courts & Tribunals Online Registry
Given the increase in remote correspondence and appearances due to the pandemic, a reminder that legal representatives and parties access case information and obtain results for matters through the NSW Online Registry. This registry is a quick and efficient way for practitioners to access and view live court results, other information related to their cases and FAQs.

Once you are registered, you can link any criminal or civil matters you act for through the filing of a Notice of Appointment or Notice of Appearance. After you are linked to the case, you will be able to view case information such as court results, bail conditions and future listing dates. In civil matters, you can also file forms. The filing of the Notice of Appointment or Notice of Appearance is fully automated, meaning you only need to complete the applicable details within the online form. There is no requirement for you to draft the form and then upload. Once the appointment or appearance has been lodged, the case is automatically linked to your profile and you can view the matter in your case list. To begin adding cases to your profile, you will need the Justicelink case number to file the appointment or appearance. Paralegals or admin staff can also register for online services as a ‘delegate’. Once registered, you can link them to your profile, giving them the ability to view the cases you represent and obtain the same information. They will also be able to file forms on your behalf.
 
If have not already done so, further information about how to register is available here. For any technical assistance with registering or linking cases to your account, you can contact onlineregistry-support@justice.nsw.gov.au
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NSW Electoral Commission update
From Monday, 6 September, an authorised worker who lives in a LGA of concern must not leave that area for work unless they have: had at least one dose of a COVID-19 vaccine, or evidence of a medial contraindication. There is also an existing requirement for authorised workers in the LGAs of concern to carry a worker permit. The NSWEC communicated this requirement to suppliers last week via email. Workers must carry the required evidence and produce it for inspection if requested by their employer or the occupier of their place of work. Required evidence means the following:
  • vaccination – evidence from the Australian Immunisation Register that the person has had 1 or 2 doses of a COVID-19 vaccine (e.g., an online immunisation history statement or COVID-19 digital certificate from the Australian Immunisation Register).
  • medical contraindication – the certificate must be in the form approved by the Chief Health Officer available here.
  • a worker permit.
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COVID-19 emergency measures extended until December
The human biosecurity emergency period under the Biosecurity Act 2015 (Cth) has been extended for a further three months. The emergency period, which has been in place since 18 March 2020, will continue until 17 December 2021. The extension, declared by the Governor General, was informed by specialist medical and epidemiological advice provided by the Australian Health Protection Principal Committee (AHPPC) and the Commonwealth Chief Medical Officer.
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Land and Environment Court
A person who attended the Land and Environment Court of NSW on 30 and 31 August 2021 later tested positive for COVID-19. The Court was cleaned on Sunday and is open today. However, the registry is closed today.
 
 
WHAT'S ON
Government Solicitors Conference 2021
7 September 2021
Marking 40 years of Part IVA of the Income Tax Assessment Act 1936
8 September 2021
First Nations Speaker Series: Bruce Pascoe
9 September 2021
In support of R U OK? Day
9 September 2021
Online Wills and Probate for support staff
20 September 2021 - 15 October 2021
Mandatory Rule 6.1 – all law (live webinar)
21 September 2021
President’s Medal 2021
Nominations close 29 September 2021
FLIP Conference 2021
13 October 2021
Rural Issues Conference 2021
29 October 2021
LAWASIA 2021 Virtual Annual Conference
15 - 18 November 2021
NSW YOUNG LAWYERS
NSW REGIONAL LAW SOCIETIES
EVENTS CALENDAR
LAWINFORM CPD CALENDAR
 
 
PRACTICE AND PROCEDURE
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NSW Local Court recommencement of custody hearings in Greater Sydney
Many Greater Sydney courts have listed a number of defended custody matters for call-over the week of 6 September 2021 (as per the former Chief Magistrate’s direction). This list is with a view to determining if the matters can proceed. In addition, similar matters already listed for hearing between 30 August 2021 to 1 October 2021 should remain listed and assessment made about the possibility of hearing those proceedings. To optimise the success of the call-over in resolving proceedings or reducing the matter in issue, police are attempting to arrange prosecutors with the necessary approvals to negotiate. It is acknowledged that there may be difficulties in gaining access to some of the defendants in custody, due to the challenges that are currently being faced within Corrective Services. However, Corrective Services are attempting to facilitate and prioritise any legal visits with the matters identified. Short adjournments may be necessary for this purpose and call-overs on a four weekly cycle will best suit this requirement. If the matters cannot be listed for hearing it may allow the parties an opportunity to make a release application at this time. 29 correctional centres have been cleared to return to normal COVID-19 restricted routines.
Centres that remain in precautionary lockdown have statutory obligations to ensure inmates appear in court via audio-visual link and staff are working hard to support inmates by providing continued access to phone calls and video visits in a COVID-safe way.
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Federal Circuit and Family Court of Australia
The new Federal Circuit and Family Court of Australia officially commenced on 1 September 2021.The Court comprises two divisions; Division 1 (a continuation of the Family Court of Australia) and deals only with family law matters, and Division 2 (a continuation of the Federal Circuit Court of Australia) deals with family law, migration and other general federal law matters. The Media Release, which is available on the Court’s website, provides access to the Court’s new videos, including Video 1 You Can Separate Smarter. See here
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Conveyancing Rules version 6 and 100 per cent digital
The Office of the Registrar General has published version 6 of the Conveyancing Rules on its website. Version 6 operates from 11 October 2021 and implements the mandate to 100% digital. Also, from 11 October 2021 the Conveyancing Rules waivers that currently allow for paper lodgment will be revoked. Read more.
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Senior Crown Prosecutor role – NSW ODPP
The Attorney General is seeking applications from qualified persons for appointment as Senior Crown Prosecutor under the Crown Prosecutors Act 1986 for a fixed term that may be renewed. Learn more.
 
LEGAL UPDATES powered by LSJ
Employment
The primacy of contracts: High Court rules on casual employment
By Jack de Flamingh >
Property and tax
Handing down the family farm without NSW duties
By Dung Lam and Marlon Camacho >
 
IN THE PRESS
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