To complement the new ‘Your Finances’ app for gathering financial information from clients, two new letters have been added to the Financial Remedy guide. The first, Letter to client instructed to commence proceedings with financial remedy – Form E shared via LawConnect, contains step-by-step instructions for using LawConnect which clients can follow. The second, Letter to client with financial statement for signing – eSignature, contains guidance for clients on signing the Financial Statement using DocuSign. We invite you to explore these new letters. Comments and feedback are always welcomed.

In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.

The New South Wales Government has introduced tax concessions for new build-to-rent housing projects. These potentially valuable concessions

A recent Supreme Court case on special grants of probate has been added to 101 Succession Answers NSW. Application of Penhall and Dutton;

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.

As practitioners may be aware, the Financial Services Compensation Scheme increased the length of time that temporary high balances were protected in bank accounts from 6 months to 12 at the start of the coronavirus pandemic. This protection has been reduced to 6 months again from 1 February 2021. The Practice Management guide has been amended accordingly.

As practitioners are no doubt aware, the government has recently promised to finally reform the way that leasehold works, and to address the issues with commonhold. This has prompted By Lawyers to include three new precedents in the Enfranchisement guide: Memorandum of Association – Commonhold limited company Articles of Association – Commonhold limited company Community statement – Commonhold limited company Wholesale reformation of the property ownership system is long overdue and it is hoped that amendments to the legislation will reassure lenders and developers, persuading them to leave the cosy confines of leasehold and finally embrace the brave new world of the commonhold system, 20 years after it was created. When the new rules are announced, we will, of course, review and amend our materials to ensure that users have access to the most up-to-date information. In the meantime, we will be keeping a close eye on the most positive news item of 2021 so far.

The NSW Government has approved the cancellation of all remaining paper certificates of title as part of the implementation of electronic

The By Lawyers Purchase of real property guide for Tasmania has been reviewed and enhanced.

The popular By Lawyers resources A full description of the purchase process in NSW and A full description of the sale process in NSW have

An exciting and useful new guide to Leasehold property disputes has been published, with extensive commentary discussing commercial and residential properties from the point of view of both landlord and tenant clients. Matter plans which are tailored to acting for landlord or tenant claimants and defendants will assist practitioners to ensure that the right precedent is used at the right time. The commentary covers: Overviews of the court and tribunal systems, funding and alternative dispute resolution; Breaches of lease covenants by tenants; Breaches of lease covenants by landlords; Remediation and forfeiture; Commercial dilapidations and residential hazard reporting; Going to court under Parts 7 and 8 of the Civil Procedure Rules; Going to the First-tier tribunal. A number of precedents are included such as: Initial letters before action; Letters of response covering various situations; Notice before forfeiture under s 146 of the Law of Property Act 1925; Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938; Notice of landlord’s breaches of repairing covenants; Notice to former tenant regarding goods left and commercial premises; Example content for particulars of claim for a variety of circumstances; Quantified demand and schedule of dilapidations; Tenant’s response to dilapidations documents; Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985; All the standard forms and letters for court and tribunal proceedings. We invite you to explore this new publication and to consider the wealth of assistance the Leasehold Property Disputes publication offers.

To enhance our Practice Management guide, a precedent Referral Fee Agreement has been added helping firms to comply with regulator requirements around transparency and due diligence when accepting introductions from third parties.

The By Lawyers Criminal Magistrates' Court publication has been reviewed and enhanced.

The Victorian Government has announced a land transfer duty waiver for purchases of Victorian residential property with a dutiable value

The By Lawyers has attended to the following 1 January updates required by legislation and practice in all relevant jurisdictions