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This presentation provides an update on recent cases and developments regarding taxpayer legal professional privilege claims made against and challenged by the Commissioner of Taxation. Specifically, it addresses:  the Commissioner’s treatment of LPP claims in response to notices issued under s 353-10 of Schedule 1 to the Tax Administration Act 1953 (Cth) by reference to the decision in CUB Australia Holding Pty Ltd v Commissioner of Taxation [2021] FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors; the draft ATO LPP protocol released for public comment in late September 2021; and  how the Commissioner may use material received pursuant to a notice issued under s 353-10.

Mark McKillop, expert in PPSR registrations, discusses the practical guide on disputing a PPSR registration. He covers the administrative and judicial processes, advantages of judicial over registrar redress, tips, pitfalls, and the importance of understanding obligations for registration.

Federal Circuit and Family Court of Australia Senior Judicial Registrar Anna Parker and Foley’s Barrister Simon Fuller discuss the changes that have taken effect as a result of the amalgamation of the Family Court of Australia and the Federal Circuit Court of Australia into the new Federal Circuit and Family Court of Australia. They discuss the new court’s case management pathway, increased emphasis on alternative dispute resolution, changes in expert reports relating to children, contraventions, and new litigant and practitioner obligations.

Robyn Wheeler examines inheritances and how they are treated in Family Courts. With a deeper look into cases including Aleksovski v Aleksovski (1996), from which the infamous “Gold Bar” quote originates, to as recent as the 2021 case Roverati & Roverati and explores the different considerations that influence how ‘the Gold Bar’ is split between parties. 

Belle Lane and Alex Metherell share their experiences, insights, and wisdom of Mediation in Family Law and then take a deeper look at the legislation pertaining to it. Belle explores mentalisation and the procedural justice effect as some of the things to keep in mind, in order to get the best out of both parties. Alex examines the legislation and caselaw relating to the enforceability and admissibility of written agreements made at Mediations.

Simon Fuller discusses equitable interests in land insofar as they are relevant to family law disputes.  The seminar covers the relevance of equity to family law matters with particular reference to Parts VIII, VIIIAA and VIIIAB of the Family Law Act and the concept of accrued jurisdiction. It also considers the preliminary matters considerations in equitable land disputes including caveats, joinder, and pleadings.  Finally, the seminar also considers some types of equitable proprietary claims including resulting trusts, constructive trusts, and proprietary estoppel. To download the complementary presentation slides which outlines the cases and legislation which Simon references, visit https://foleys.com.au/ResourceDetails.aspx?rid=509&cid=3

In this episode of the Family Law CPD online series, Bronia explores the legislation and caselaw relevant to the question “What is a financial resource?” She examines the leading authorities and considers the types of information and evidence that practitioners should obtain when assessing whether their client or the other party has a “financial resource” in proceedings for spousal maintenance and/or property settlement.  Foley’s is proud to be the FIRST List to provide CPD seminars via our free CPD Podcast - Think Foley’s. More CPD resources can be found on Foley's website https://foleys.com.au/cpdresources.aspx 

In this final episode of season 2, Glen Pauline examines the 2021 changes to the Franchising Code as a follow up to Season 1 Episode 12 “The Franchising Code of Conduct.” Glen discusses his experiences as counsel in a recent case, the task force principles in relation to dispute resolution, then the key dispute resolution changes to the Code, and some changes relating to legal costs for cooling off, restraint clauses, and marketing funds.

Marcus Dempsey and Tim Bourbon outline the relevant legislative tests before discussing, from a practical perspective, what is required to satisfy them. One of the stated aims of the standard sentence scheme is to increase the length of sentences that are imposed for relevant offences. In Part 2 of this presentation, Marcus and Tim also outline the background to the enactment of the scheme, as well as the relevant legislative provisions, before discussing a number of Court of Appeal decisions in which those provisions have been considered, most notably Brown and The Queen (2019) 59 VR 462.

Felicity Fox and Tessa Duthie review the hot topics in employment and occupational health and safety including sexual harassment and vicarious liability, independent contractor & employee distinction, workplace bullying and OHS laws, legal representation in the Fair Work Commission, industrial manslaughter and the meaning of complaint or inquiry in adverse action claims.