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ACT – Supreme Court forms

Following a Profile Review, the following forms have been updated:

Adoption:

  • Application for dispensing with consent to adoption – Form 3.31 [LL-ACT-SC-0004]

Appeals (other than Court of Appeal):

  • Notice of appeal -Form 5.4 [LL-ACT-SC-0016]

Corporations:

  • Creditors statutory demand for payment of debt – Form 509H [LL-ACT-SC-0159]
  • Notice of application for winding-up order – Form 9 [LL-SC-SC-0137]

Court of Appeal:

  • Notice of appeal – Form 5.11 [LL-ACT-SC-0208]

Criminal:

  • General form of judgement – criminal proceeding – Form 4.3 [LL-ACT-SC-0151]
  • Warrant – breach of community service order etc – Form 7 [LL-ACT-SC-0242]
  • Warrant – breach of periodic detention obligations – Form 7 [LL-ACT-SC-0237]

Miscellaneous:

  • Application for a fee waiver or tribunal fee [LL-ACT-SC-247]
  • Originating application for costs assessment – Form 3.47 [LL-ACT-SC-0240]
  • Request for exemption from paying fee for ACT Law Courts [LL-ACT-SC-248]
  • Subpoena to give evidence and produce documents – Form 6.10B [LL-ACT-SC-0246]

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Loan Agreement – new matter type

Following client requests, a new Loan Agreement matter type has been added to all jurisdictions and is located in the following folders:

  • Conveyancing & Property > Mortgages > Loan Agreement (defaults to acting for the borrower)
  • Other Areas of Law > Banking & Finance > Mortgages > Loan Agreement (defaults to acting for the lender)

Loan Details table

The loan details table has been created to specifically provide the necessary fields for no security loan agreement precedents.  All these fields will automate into these precedents:

Guarantor’s subsidiary layout

When a card is entered in the guarantor’s table, a guarantor’s subsidiary layout will appear for completion.  Again, all these fields will automate into the no security loan agreement precedents:

Critical Dates

The following critical dates have been assigned as defaults to this matter type:

  • Instruction date
  • Loan agreement executed
  • Date advance anticipated
  • Funding date
  • Final instalment due
  • File review date
  • Completion / Settlement Date
  • Not proceeding date

Folders and Forms Added

The necessary LEAP folders have been created and/or shortcut to each jurisdiction (where applicable) including:

  • Initial File Setup
  • Verification of Identity
  • Relevant Revenue Office
  • Relevant Land Titles Office
  • Legal Profession Uniform Legal Practice Rule forms

A new file cover sheet has been added for each jurisdiction as follows:

  • File cover sheet – Loan agreement [LL-NSW-GEN-0082]
  • File cover sheet – Loan agreement [LL-VIC-GEN-039]
  • File cover sheet – Loan agreement [LL-QLD-GEN-027]
  • File cover sheet – Loan agreement [LL-SA-GEN-001]
  • File cover sheet – Loan agreement [LL-ACT-GEN-002]
  • File cover sheet – Loan agreement [LL-WA-GEN-007]
  • File cover sheet – Loan agreement [LL-NT-GEN-001]
  • File cover sheet – Loan agreement [LL-TAS-GEN-008]

If you would like to provide feedback on the new matter type, or request new forms or precedents, please email the content team at content@leap.com.au

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ACT – Settlement Adjustment Sheet LL-ACT-PR-301 (SAS)

Some exciting new features of the SAS include:-

Alter Adjustment (+ or -)

The Alter Adjustment option is now available and contained within each of the following tables on the SAS Toolbar:

  • Time Related
  • Water Usage
  • Default Interest, and
  • Rent/Occupation fees

The Alter Adjustment functionality will allow you to amend adjustments within each of the above tables (for small variations between different party calculations where the data isn’t being amended) as you can not alter adjustments directly in the Word document because the adjustments are contained within the LEAP ribbon for your benefit.

To alter an existing adjustment, simply reopen it and enter the plus or minus followed by the amount including any decimal value:

Entry of Comments without Adjustments

You can now enter comments within the SAS without any adjustment being made through the ‘Miscellaneous Adjustment table’ on the SAS Toolbar.

Simply type a comment in the Description dialog box and enter a zero ‘0’ in the ‘Amount per Item’ box.

Rent/Occupation Fees table

The Occupation Fees table has also been renamed to ‘Rent/Occupation Fees’:

SAS (LL-ACT-PR-246) to be removed

The SAS (LL-ACT-PR-246) was superseded on 17 November 2016 by LL-ACT-PR-301.  Since its initial release, the current SAS has been improved, including the new alter adjustment functionality, and the superseded SAS version will now be removed.

We need to remove the superseded version because:

  • It is unfeasible to maintain two separate SAS forms.
  • As it is not being maintained it will become out of date, particularly in regard to Legal Rates.
  • We want to assist clients with improved workflow and the new SAS achieves this by retaining adjustments within the LEAP ribbon, that are easily adjustable.
  • Use of the NEW SAS will assist clients with a smooth transition with LEAP Content’s future projects for advancement of this form, including advancement to our newly created Word App LEAP Document Manager (LDM).  The LDM will include exciting new features such as cheque write back functionality, however, more information on the LDM will be provided in the future.  If you would like to provide feedback on future improvements, please contact us at content@leap.com.au as we would love to hear from you.

Any existing Settlement Adjustment Sheets you have saved in your matters can still be used for that matter.

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Off the Plan – new matter type

A new matter type has been released for Off the Plan which is located in the Conveyancing & Property folder > Property > Off the Plan.

This matter type is similar to the standard conveyancing matter types with the additions of the Development Details table and Off the Plan matter specific Critical Dates.

If you would like to provide feedback please do so here.

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ACT – ACAT forms

The following form has been updated:

  • Application for resolution of tenancy dispute – Form AF2019-56 [LL-ACT-ACAT-29]

The following new form has been added:

  • Late application for retirement village complaint to be heard – Form AF2019-55 [LL-ACT-ACAT-83]

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ACT – Estates matter type improvements

The ACT Estate tables have been significantly updated to allow for improved automation of Estate Court forms.  These changes will be effective Monday, 4 November. This will save users considerable time in preparation of Court forms.  Subsequently, there is now essential data that must be completed within your LEAP matter as clauses within the Court forms will populate according to either completion or non-completion of these tables.

Probate details, Letters of Administration details, and Estate Accounts details Tables

User completion of all fields, including the following new or amended fields, is ESSENTIAL when applicable for advanced automation of the Court forms:

  • Addition of new field Martial status that will automate from Deceased’s card
  • Addition of new field Enter spouse/defacto name, if applicable – where a name is completed the wording of the Court forms will populate and change accordingly
  • Amend wording of current Date of marriage field to Date of marriage/ partnership/ union with a calculation from this field and the Date of Will field to determine if this date entered is after the date the will was made – therefore populating the relevant correct wording within the Court forms
  • Creation of new field After the Will was made, was the Deceased’s? with a drop-down list when completed will populate the relevant correct wording of the Court forms. The drop-down list includes:
    • Marriage terminated by Divorce
    • Marriage Annulled
    • Civil union terminated
    • Civil partnership terminated
    • Not applicable
  • Addition of If so, Date field to be completed if the After the Will was made, was the Deceased’s? field applies to the matter
  • Addition of new field If Yes, are you in possession of the other document? – completion required where you have answered ‘Yes’ that you are aware of the existence of another document purporting to embody the testamentary intentions of the deceased

In addition, the following tidying has been undertaken:

  • Reordering of fields in tables so that matter completion aligns with matter processes
  • Remove references to ‘in the Sydney Morning Herald’
  • Notations now appear in blue font for your ease

Forms Re-coded

The following Court forms have been re-coded for improved automation from the changes to the above tables:

  • Affidavit of applicant for probate – Form 3.11 (LL-ACT-SC-0188)
  • Affidavit of applicant for administration – no will – Form 3.13 (LL-ACT-SC-0190)
  • Affidavit of applicant for administration – with will – Form 3.12 (LL-ACT-SC-0186)
  • Affidavit of applicant for reseal of foreign grant – Form 3.19 (LL-ACT-SC-0196)
  • Affidavit of justification – Form 3.22 (LL-ACT-SC-0199)
  • Affidavit in support of application by public trustee and guardian – Form 3.23 (LL-ACT-SC-0200)
  • Accountants certificate of correctness of accounts – Form 2.82 (LL-ACT-SC-0105)
  • Administration bond – Form 3.21 (LL-ACT-SC-0198)
  • Executors administrators or trustees affidavit and account – Form 2.79 (LL-ACT-SC-0102)
  • Notice of intended distribution – Form 1 (LL-ACT-SC-0249)

If you believe there are further Court forms that could be re-coded with the improved automation, please email content@leap.com.au

Critical Dates

Renaming Critical Dates Notice of intended application published and Notice of intended distribution published, so that they refer to the word ‘published’ not ‘advertised’ for consistency across matter types.

Default tables used

  • Addition of Transferor and Transferee to the default table types in matter types
  • Reordering of default table types

IMPORTANT NOTE: FULLY AUTOMATED INVENTORY OF PROPERTY – STAGE 2 IMPROVEMENTS

Stage 2 of the improved automation will include a fully automated Inventory of Property within the Court forms and you will note some changes to the Assets and Liabilities tables have already taken place, including the Owned drop-down list, in readiness.

We are asking for feedback for the fully automated Inventory of Property.  If you would like to provide such feedback, please email the Content team at content@leap.com.au so that we can finalise the Stage 2 release, which will be of great benefit to our clients.

 

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Renaming of ‘Critical Dates’ table to ‘Important Dates’

As a result of some technical issues, it has been necessary to rename the Critical Dates Table to ‘Important Dates‘.  Any matter that currently has this Table included will automatically update to the new name.

We do not foresee this causing clients any issues and has resolved the technical problems our clients were experiencing with the New South Wales Settlement Adjustment Sheet.

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ACT – Revenue Office forms

Following a profile review the following forms have been updated:

  • DDCS Application form 1 July 2016 (LL-ACT-RO-302)
  • Declaration – Eligible impacted property loose-fill asbestos insulation eradication buyback concession scheme (LL-ACT-RO-324)
  • First home owners grant – for transactions on or after 1 January 2019 (LL-ACT-RO-311)
  • First home owners grant – for transactions on or after 1 January 2016 (LL-ACT-RO-312)
  • First home owners grant – for transactions on or after 1 September 2013 and 31 December 2015 (LL-ACT-RO-313)
  • Home Buyer concession scheme application from 7 June 2017 (LL-ACT-RO-314)
  • Mortgage relief application (LL-ACT-RO-305)
  • Over 60s Home bonus scheme application form 8 June 2016 to 31 December 2016 (LL-ACT-RO-297)
  • Request for online client reference number (LL-ACT-RO-318)

The following forms have been repealed:

  • Conveyance lodgment form (LL-ACT-RO-006)
  • Deferred duty application (LL-ACT-RO-281)
  • Home Buyer concession scheme application between 8 June and 31 December 2016 (LL-ACT-RO-295)
  • Home Buyer concession scheme application between 1 Jan and 7 June 2016 (LL-ACT-RO-298)
  • Over 60s Home bonus scheme application form 1 January 2016 to 7 June 2016 (LL-ACT-RO-300)
  • Pensioner duty concession scheme application form between 8 June 2016 to 31 December 2016 (LL-ACT-RO-296)
  • Pensioner duty concession scheme application form between 1 January 2016 to 7 June 2016 (LL-ACT-RO-299)
  • Franchise lodgment form (LL-ACT-RO-008)
  • Easy lodge form (LL-ACT-RO-275)
  • eLodge registration form (LL-ACT-RO-303) (form replaced by Request for online client reference number)

The following forms have been removed as only available to be lodged online by Smartform:

  • Application for a builder’s land tax exemption (LL-ACT-RO-307)
  • Direct debit application (LL-ACT-RO-022)
  • Notification of appointment of an agent for rates, land tax and notification of rental status of a residential property (LL-ACT-RO-306)
  • Pensioner rates rebate application (LL-ACT-RO-025)
  • Pensioner rates rebate application (LL-ACT-RO-325)
  • Application – Asbestos insulation eradication buyback concession (LL-ACT-RO-301)
  • Application – Eligible impacted properties – loose-fill asbestos insulation eradication buyback concession scheme (LL-ACT-RO-294)