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How the Personal Property Securities Act could affect your practice
and your clients
This week not only marked the start of the new legal year, but also the implementation of a regime which will affect many lawyers whose practices include drawing up contracts of sale involving personal property. Members' attention is drawn to the provisions of the Personal Property Securities Act 2009 (Cth) which came into effect on Monday 30 January 2012. There was an overwhelming demand on the new register and some initial users experienced issues accessing and using it online. Members should familiarise their clients with the provisions relating to registering equipment leased for more than 90 days, or risk losing assets if the user is forced into liquidation.
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2012 Scales of Costs
Members are advised that the Victorian Supreme Court, County Court and Magistrates' Court have released their respective 2012 Scales of Cost.
Personal Property Securities Act and LIV Contract of Sale of Real Estate
The Personal Property Securities Act 2009 (Cth) (the PPS Act), which came into operation on 30 January, introduced a national commercial law that affects secured financing involving personal property. The PPS Act brought all relevant Commonwealth, state and territory laws and registers regarding personal property security interests under one national system and introduced a single national online Personal Property Securities register. The LIV and the Real Estate Institute of Victoria have drafted a special condition (view note and special condition (pdf)) for practitioners preparing contracts using the existing LIV contract of sale of real estate.
More Court Proceedings Slow Output
The Productivity Commission Report on Government Services 2012, released this week, ranked Victoria last in a national survey of civil cases cleared. However, the LIV believes that an increase in litigation in the County Court and the Supreme Court of Victoria is behind a perceived slowdown in the number of cases processed in Victorian courts. For example, since 2006-07, County Court commencements have gone from 4,909 to 6,675 and finalisations have gone from 4,830 to 5,775. At the same time there has been no real increase in judges. Supreme Court of Victoria Chief Justice Marilyn Warren (PDF) said the report found the Court's clearance of criminal appeals jumped from 97 per cent in 2009/10 to 157 per cent in 2010/11.
Committal Filing Reminder
Practitioners are reminded that Section 118 of the Criminal Procedure Act 2009 requires Form 32, Case Direction Notice, to be filed with the Registrar at least 7 days prior to the Committal Mention date. The Court is alarmed at the number of Form 32s being filed late, including on the day of the Committal Mention. Latrobe Valley practitioners have been advised that the Court will no longer be accepting the late filing of Form 32. Section 120 deals with late applications for leave to cross-examine witnesses.
Personal Property Securities Act Briefing
The Australian Government Solicitors Office has also prepared a special briefing (PDF) in regard to the Personal Properties Security Act 2009 (Cth).
Ready, Willing and Able
With the launch of the LIV's Disability Action Plan, the LIV is committed to working to promote employment opportunities for lawyers experiencing disability. Those wishing to receive emails with possible job opportunities should contact Janet Tan to be included in the LIV Disability Opportunities Network.
Legal Services Review Tender Open
The federal government has announced that Commonwealth-funded legal services will be reviewed to discover whether they are being delivered cost effectively. Applications are now open for organisations to tender to complete the review. All four Commonwealth legal assistance programs will be included in the review, namely Legal Aid Commissions, Community Legal Centres, Aboriginal and Torres Strait Islander legal services, and family violence prevention legal services. The tender closes on 24 February.
Your Rights and PSOs Information Session
The first graduate Protective Services Officers (PSOs) begin night shift work at Flinders Street and Southern Cross stations at a date to be fixed this month after 18 February. The Federation of Community Legal Centres project 'Your Rights on Track' is aimed at promoting respectful, safe and human rights compliant interactions between PSOs and the community. The first 'Your Rights on Track' event is an information session (PDF) for lawyers and community workers to be held Wednesday 15 February at 10 am to 12.30 pm at the Lionel Murphy Centre, 352 Queen Street, Melbourne.
Same Sex Marriage Certificates
The federal government has announced that, as of 1 February 2012, same sex couples who marry overseas will be able to apply for a Certificate of No Impediment. The certificates were previously only made available to heterosexual couples.
Contribute to Alcohol and Drug Reform
The community consultation period for the Victorian government's whole-of-government Victorian Alcohol and Drug Strategy has been extended following a request from the Victorian Alcohol and Drug Association. More than 120 submissions have so far been received from individuals, peak organisations, the non-profit sector, community groups and local government. Make a submission.
GordonCare Board Position Opening
GordonCare is a leading independent not for profit organisation that has provided quality services for the south east Melbourne community for over 125 years. The organisation is seeking to appoint a board member with a legal background – not to do direct legal work but to bring a legal mind to issues the organisation is facing as well as to participate fully in all board governance. For further information, contact GordonCare president Geoff Dober on email or ph 0418360958.
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Register for 2012 Victorian Legal Symposium and win!
Register now for the 2012 Victorian Legal Symposium for your chance to win a Lenovo ThinkPad Tablet (worth $599) thanks to PowerBuy. The 2012 Legal Symposium program is bigger than ever, this year featuring 10 streams of legal practice. Attend one stream or choose multiple streams to suit your CPD needs and explore the program of expert guest speakers.
Are you looking to upgrade or purchase a new Mercedes-Benz?
There has never been a better time, with all 2011 demonstrators disappearing fast at Mercedes-Benz Toorak. What better way to experience the capabilities of your Mercedes-Benz vehicle of choice than an extended test drive to the stunning Yarra Valley offered by our Friday Facts sponsor.
This exclusive opportunity includes the chance to test drive a variety of vehicles in the range, all the way to the beautiful Yering Station where you will be treated to a sumptuous two course lunch. Places are limited to the first 18 enquiries, so if you're thinking of upgrading your vehicle and learning more about our range, please register via the Mercedes Benz website.
Add new dimensions to your dispute resolution skills
Attend the three-day Collaborative Practice Workshop to add enhance your skills and the services you offer. This workshop is ideal for legal practitioners interested in alternative as well as non-legal professionals such as psychologists, accountants and financial planners. Topics include interest based negotiation, advocacy issues and using a collaborative approach.
Current issues in costs law
Explore current issues in costs law. Conference presenters are drawn from across the country, ensuring that practitioners hone relevant skills as well as learn from other jurisdictions.
The movement for equal marriage rights
Those who have struggled for true equality in the law and in society for women have much to teach those who are today trying to secure equal civil rights for same-sex couples. Michael Kirby will address attendees of the 2012 Dame Roma Mitchell Memorial Lunch on the movement for equal marriage rights, drawing on lessons learned from the women's movement for equality. The annual Dame Roma Mitchell Memorial Lunch is hosted jointly by Victorian Women Lawyers and the LIV to commemorate the life of Dame Roma Mitchell.
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