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.

Tuesday, 20 June 2023
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

1.45pm to 2.30pm 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

1.00pm to 1.45pm 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

Ethics & Professional Responsibility
4.15pm to 5.15pm 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

2.30pm to 3.15pm 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

3.30pm to 4.15pm 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

3.15pm to 3.30pm Afternoon Tea
Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility

 

This program is applicable to practitioners from all States & Territor

Presenters


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.


Melanie Findlay, Managing Partner, Rees R & Sydney Jones Solicitors
Melanie is Rees Jones’ Managing Partner and the head of Energy Environment and Agriculture division of the firm. She began her career as a lawyer at Rees R & Sydney Jones in 2006, became a Partner of the firm in 2010, and in 2020 became the first female Managing Partner of the Firm. Melanie takes great pride in representing the hardworking and resilient landowners in the Central Queensland region. She is the current Chair of the QLS Energy and Resources Policy Committee and she is a member of the QLS Water and Agriculture Policy Committee. Melanie has a particular interest in environmental markets. She is also passionate about contributing to the local community through fundraising efforts for drought-affected rural families and a Director of the Fitzroy Basin Association.


Ms. 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.


Mr. 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.


Mr. 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.


Mr. 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.

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Rural, Regional and Remote Issues

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Single Session
Tuesday, 20 June 2023
1.00pm to 5.15pm Australia/Sydney
CPD Points 4
$505.00
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