Rural, Regional and Remote Issues

Rural legal issues are often complex and emotionally charged. This tailor-made program will bring you up to speed on the topics that matter most to you and your rural practice. Don't miss this chance to work through the mechanics of overlapping land uses, mining compensation claims, water entitlements, tax implications when transferring the family farm between generations and managing mental health. With major infrastructure development in rural areas, this annual program is not to be missed.

Thursday, 28 November 2024
Chair:

The Hon. Simon R. Molesworth AO KC; Victorian Bar; former Acting Justice of the Land & Environment Court of NSW; Member, Law Council of Australia’s Rural, Regional & Remote Committee

Expanded Land Uses for Rural and Regional Properties

 

  • Renewable Energy Projects: contract types and search/location tips
  • Carbon Abatement Interests the methods, search issues and warranties
  • Vegetation Offsets: Offset Area Management Plans and ongoing obligations
  • Compensation Agreements, CCAs, MGAs, Access Agreements: what’s not on Title and where to look

Presented by Melanie Findlay, Partner, Rees R & Sydney Jones Solicitors; Chair, QLS Energy and Resources Policy Committee; Member QLS Water and Agriculture Policy Committee

Rural Water Entitlements

 

Learn the rules around water use when buying or leasing rural land in this practical session.
Presented by Georgiena Ryan, Principal, Regional Business Lawyers; Accredited Specialist in Business Law; Co-Chair; Rural Issues Committee

Professional Skills
Mental Health Issues Impacting Rural Law Practice

 

•    The mental health challenges and stressors impacting rural law practice
•    How to talk about mental health 
•    The signs to look out for and ways of being supportive
•    The importance of being proactive in looking after your mental health
•    Accessing help
•    The strengths and resilience of rural and remote communities

Presented by David Kernohan, Consultant, Kernohan Consulting

Mining Compensation Claims

 

  • How compensation is assessed
  • Methods of assessment
  • Discreet issues: relocation, status & use, loss of profits, statutory premium
  • The valuer’s role
  • The parties’ role

Presented by Anthony Messina, Barrister, Level Twenty-Seven Chambers

Tax Implications when Transferring the Family Farm Between Generations

 

Proper family farm succession planning requires the consideration of the taxation implications of proposed changes to business structures and beneficiaries in succession planning and associated activities.  Examine the latest changes and potential developments in this complex area, including:

  • Capital gains tax and exemptions on transfers of farm lands
  • Tax obligations on land transfers: How should transfers be structured?
  • Comparing tax and duty treatment of land transfers inter vivos and on death
  • Proposed State reforms to stamp duty and land tax: What will this mean for rural families?
  • Issues currently being examined by the ATO
  • Practical case studies

Presented by Andrew Rider, Barrister, Level 22 Chambers

Description

This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
*Original Content was created in June 2023

Attend and earn 4 CPD units including:

3 units in Substantive Law
1 unit in Professional Skill

Presenters


Melanie Findlay, Partner, Rees R & Sydney Jones Solicitors
Melanie Findlay is a Partner in our Energy, Environment and Agribusiness division. She began her career at Rees R & Sydney Jones in 2006 after being admitted as a Solicitor. Six years later she became a Partner of the firm (January 2010). Melanie is the first female Partner to be Managing Partner. Melanie discovered her passion for Rural Law whilst being mentored by past Partners of the firm, Andrew Palmer and Roger Baker. Her love for natural resource law, land access and protecting landholder land rights developed along the way. Rural Law and land rights have evolved over the years and Melanie is known as a pioneer in new markets and fields. She can assist landholders with carbon agreements, environmental law and negotiates access agreements with renewable companies, mining companies and gas companies. Melanie is passionate about representing her rural clients as she believes they are hardworking, resilient and genuine people. She is often described by her clients as a "straight shooter". She is easy to talk to without the legal jargon. A Central Queensland local since 2006, Melanie likes to be involved in her local community. She is the Secretary of Capricornia Catchments Inc. and she is on the board of the Fitzroy Basin Association. She often organises donations and drives for drought-affected remote rural families.


The Hon. Simon R. Molesworth AO KC; Victorian Bar; former Acting Justice of the Land & Environment Court of NSW
Simon Molesworth, who in 2023 will mark twenty-eight years as a QK, returned to part-time practice at the Victorian Bar in July 2019, after serving as a Judge of the Land and Environment Court of New South Wales from January 2017. He is recognised nationally and internationally as a leader in the fields of environmental law, natural resources law, climate change law and heritage law, whilst also maintaing an active practice in planning law, public law, land valuation and compensation law, administrative law and local government law. Molesworth delivered his final judgment in the Land and Environment Court of New South Wales in May 2019. He was first commissioned to be a Judge of the LEC from January 2017. The Land and Environment Court of NSW, established in 1980, was the first specialist environmental superior court in the world. The judges of the Court have the same rank, title, status and precedence as the Judges of the Supreme Court of NSW. The Court’s jurisdiction includes merit review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining, water, heritage, valuation, compensation, Aboriginal land, tree disputes and related matters. Molesworth had remained in active full-time practice until his judicial appointment, regularly appearing before the Victorian Civil & Administrative Tribunal and in the Supreme Court in Victoria in cases within his specialty. After initially practicing as a solicitor (from 1978) with Blake & Riggall (now Ashursts), Molesworth became a barrister in Victoria in 1984 and was appointed a Queen’s Counsel in 1995.


Georgiena Ryan, Principal, Regional Business Lawyers
Georgiena has over 20 years’ experience in advising rural and regional businesses, large and small, in Queensland and New South Wales. She has had the privilege as acting as solicitor to amazing family businesses, initially in her home State of Queensland in Goondiwindi where she grew up and later in the New South Wales Riverina and South West Slopes. Georgiena was the In-house Rural Legal Counsel for a specialist international rural and agribusiness bank, working closely with the rural finance managers across Australia and New Zealand and with the bank’s General Counsel and Group Company Secretary in Sydney. She has spent five years as the Legal and Compliance Manager and In-house Legal Counsel for a leading global agricultural asset manager, responsible for a significant irrigation and dryland farming portfolio across Australia. Georgiena has also advised professional services firms including doctors, accountants and financial planners.


Anthony Messina, Barrister, Level Twenty-Seven Chambers
Anthony Messina has a broad commercial practice with a focus on commercial equity, contract, corporations, insolvency, insurance, property, and trade practices., He advises and advocates across the full dispute resolution process for public and private corporations, incorporated associations, insolvency practitioners, insurance companies and individuals in all State and Federal courts and specialist tribunals. His comprehensive litigation experience, at both trial and appellate level, extends to all aspects of civil procedure, regularly appearing in wide range of applications and interlocutory hearings (including urgent injunctive work)., Anthony was admitted as a solicitor in Queensland in 2008. Practising in commercial litigation and alternative dispute resolution, Anthony was a Senior Associate of Mullins Lawyers and Associate of Minter Ellison Lawyers, prior to being called to the Bar.


Andrew Rider, Barrister, Level 22 Chambers
Andrew Rider is a leading Australian tax barrister specialising in land tax, payroll tax and stamp duty litigation and dispute resolution. Andrew also advises on Australia-wide stamp duties, land tax and payroll tax. Prior to coming to the Bar, Andrew was a solicitor and Associate to Justice Michael Kirby. Andrew lectures in taxation law at the University of Sydney Law School and previously lectured at the University of Technology, Sydney. Andrew edits the leading stamp duty publication “Australian Stamp Duties Law” and authors the national stamp duty section of the leading online service “Practical Guidance – Property Law”. Andrew is a Chartered Tax Adviser and examiner with The Tax Institute and member of The Tax Institute/Office of State Revenue Liaison Committee and Dispute Resolution Technical Committee. Andrew is also a member of the NCAT Revenue List Consultative Forum. Andrew is recognised in Doyle’s Guide as a leading Australian tax barrister.


David Kernohan, Consultant, Kernohan Consulting
David Kernohan is a highly skilled senior executive in the not-for-profit sector in Western Australia with over 30 years' experience working in the social services and community legal fields. David is currently the principal at his company Kernohan Consulting and a director at Youth Legal Service. He’s the former CEO of the Mental Health Law Centre Inc. and was also the chairperson of the WA Community Legal Centres Association (a peak body of community legal centres in Western Australia). Prior to working in Community Legal Centres, David was employed in senior management positions for over 20 years in the community services sector working with people who are homeless and who have complex needs linked to drug and alcohol and mental health issues. In the early 1980's David trained, qualified and work as a Mental Health Nurse at Graylands/Swanbourne hospitals. He also has Bachelor of Law: Murdoch University and Bachelor of Social Science: Edith Cowan University.

INT236N15Z

Rural, Regional and Remote Issues

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Single Session
Thursday, 28 November 2024
to Australia/Sydney
CPD Points 4
$505.00
Online 20250117 20241128

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