With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Elder abuse orders are now available in the Magistrates Court.

The Debt Recovery – Acting for the Defendant commentary now includes greater detail on the process for applying to set aside a default judgment order. Example content has also been written for a Draft order – Setting aside default judgment on the basis of a real prospect of defending the claim. This, together with all the other forms needed for this application, are in matter plan folder F. Default judgment and summary judgment. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Companies guide enhanced. Subscribers using this popular publication will find a number of new precedents: Letter to client advising on memorandum and articles of association; Articles of association for a private company limited by shares; Articles of association for a private company limited by guarantee; Articles of association for a property management company; Directors’ service agreement; Written resolution – General template; Written resolution – Amending articles of association; Resolution of meeting – Amending articles of association; Letter to shareholder giving special notice of resolution; Indemnity for lost share certificate. Comments and feedback are always welcomed.

By Lawyers has added a new document called ‘Enclosure – General advice to buyers’ to the ‘Getting the matter underway’ folder of the Purchase of Land Guide. This enclosure gives clients a basic overview of the various issues that may arise during the purchase transaction and will be useful for practitioners in explaining some of the conveyancing terms and concepts.

Following a user request, a new Deed of assignment of equitable interest in residential land has been added to the ‘Blank Deeds, Agreements, Statements, Declarations, Consents and Execution clauses’ folder which is available in the ‘A. Getting the matter underway’ section of every matter plan. We trust that users will find this new document helpful. Comments and feedback are always welcomed.

The By Lawyers District Court Litigation publication has been revised following the Court's re-issue of Practice Note DC (Civil) No. 1.

The Federal Government has announced another Jobkeeper extension. The payment scheme will continue until 28 March 2021.

Following an author review, a raft of helpful new Family provision precedents have been added to the By Lawyers Family Provision Claims NSW

The By Lawyers Trusts guide has been reviewed and updated to ensure that the commentary and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure, with a focus on practical tips that will help practitioners confidently run a Trusts matter to completion. Commentary has been expanded covering the creation of a trust including gathering information, transferring assets to the trust and registration of the trust. New precedents have been included: Enclosure for clients explaining the rights and duties of a trustee Deed of novation of contract to a trust Receipt for trust asset Letter to insurer giving notice of assignment of pension or insurance policy Deed of assignment of chattels to a trust We invite you to explore this updated publication and to consider the wealth of assistance the Trusts guide offers.

The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Wills guide reviewed.

The statutory scheme for motor vehicle accidents in NSW varies depending upon whether the accident occurred before or after 1 December 2017.

Commentary on the disclosure of criminal records by job seekers has been added to the By Lawyers Employment guide. This useful enhancement

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.