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In this episode and accompanying paper, Philip Barton first examines 2021 Supreme and County Court cases on contracts of sale. These cases were: on the authority of an agent to conclude a contract; a sale by an owner builder; a sale conditional on issue of a planning permit; a sale subject to finance; a sale of a going concern for GST purposes; a sale off the plan; and a mortgagee's sale. Then, Philip deals with a case of parties using funds in breach of trust to buy land. Finally, noting the importance of the topic of verification identity, Philip discusses a case of a forged mortgage.

Emma Peppler and Eliza Bergin examine the new Environment Protection Act and how this will change environmental regulation in Victoria. In particular, they discuss the new general environmental duty, the new regime for permissions, remedial notices including financial risks, rights of review to VCAT and courts, and civil penalty provisions.

Anna Wilson examines the gateway tests in Division 328, which are the gateway tests to a bag of benefits including temporary full expensing, instant asset write off, loss carry back, and other similar benefits. The presentation will work through application of the aggregated turnover test and the embedded connected entity & affiliate tests by reference to a number of examples and case studies.

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