Keeping legal publications current is one of By Lawyers' core commitments, and 1 July is one of the busiest update periods of the year.

The start of each financial year brings a wide range of scheduled legislative indexation across Commonwealth and state jurisdictions. Government fees, monetary thresholds, compensation amounts, and penalty units are routinely adjusted, affecting many areas of legal practice.

The Lawyers team of legal professionals closely monitors these changes and promptly updates our publications so subscribers can continue to practise with confidence, knowing their guides and precedents reflect current law and practice.

This year's 1 July updates include, where applicable:

• court filing fees;
• property lodgment fees;
• land tax thresholds;
• minimum weekly workers' compensation amounts; and
• penalty units used to calculate fines and civil penalties.

These updates have been applied, or are being applied as the relevant instruments are released, across numerous By Lawyers publications, including:

• Conveyancing and Property;
• Business and Franchise;
• Criminal;
• Wills;
• Estates; and
• Injuries.

The annual 1 July indexation program is only one part of By Lawyers ongoing commitment to keeping subscribers up to date. Throughout the year, our team monitors legislative amendments, procedural changes, and significant court decisions, updating publications whenever changes affect legal practice. 

In addition to annual indexation, 1 July is also a common commencement date for new and amending legislation passed by Commonwealth and state parliaments. This year is no exception. By Lawyers has made substantive amendments across a range of publications to reflect these legislative changes. Details of those updates are available in the related By Lawyers News & Updates articles.

By Lawyers stays up to date so practitioners can focus on serving their clients with confidence, supported by trusted legal guides and precedents that reflect the latest law and practice.

By Lawyers is pleased to announce the publication of an Intellectual Property guide, a comprehensive and practical resource for Australian legal practitioners advising on intellectual property matters.

Practical, reliable, and up-to-date

This significant new publication has been years in development, drawing on the expertise of leading intellectual property lawyers from across Australia and the experienced By Lawyers editorial team.

The result is a practical, reliable, and up-to-date guide covering the key areas of intellectual property law that are most relevant to everyday legal practice.

Comprehensive IP coverage

The guide includes commentary and precedents for:

• trade marks;
• passing off;
• patents;
• copyright;
• moral rights;
• design rights;
• plant breeder’s rights.

Intellectual property issues arise in many areas of law. From business sales and purchases, commercial transactions, and franchising matters, through to disputes, succession planning, and business structuring, intellectual property rights are often among a client’s most valuable assets. Understanding and protecting those rights is increasingly important for firms across all practice areas.

Whether assisting clients with applications through IP Australia, advising on ownership and protection of intellectual property rights, or dealing with intellectual property considerations in commercial transactions, practitioners can now access clear guidance and practical precedents in a single, dedicated resource, with helpful hyperlinks to all relevant IP Australia and other resources.

Fresh content. Trusted expertise.

As with all By Lawyers publications, the Intellectual Property guide is:

• designed to help practitioners work efficiently, manage risk, and advise clients with confidence;
• focused on real-world applications, with practical commentary and plain-English precedents that can be used immediately or adapted for bespoke arrangements;
• fully maintained by the By Lawyers authors and editorial team, ensuring subscribers have access to current law, procedure, and practice as intellectual property law continues to evolve.

The launch of the Intellectual Property guide represents a significant addition to the By Lawyers library, reinforcing our commitment to providing comprehensive, practical resources that support legal practitioners in delivering quality legal services to their clients.

From 1 July 2026, law firms providing designated services under Australia's new anti-money laundering and counter-terrorism financing (AML/CTF) regime must comply with the new obligations. 

To help practitioners navigate the changes, By Lawyers has updated its publications across multiple practice areas, providing practical guidance and precedents that integrate the new requirements into everyday practice.

Updates include:

• amendments to all Retainer Instructions precedents to address the new AML/CTF requirements at the commencement of a matter;
• amendments to all To Do List precedents to incorporate AML/CTF compliance into everyday workflows;
• a new AML/CTF Policy precedent has been added to By Lawyers Practice Management guide to assist firms in developing their internal compliance framework;
• expanded commentary in the Practice Management guide explaining the new obligations and practical compliance considerations; and
• updates to the First Steps section of all By Lawyers commentaries, highlighting the new requirements at the beginning of every matter.

These updates ensure practitioners have practical guidance and precedents available at the point they need them, making it easier to build AML/CTF compliance into existing firm processes.

Keeping legal precedents and commentary current is essential when significant legislative reforms commence. By Lawyers continuously monitors changes to legislation, practice and procedure so practitioners can work confidently, knowing their By Lawyers publications reflect current law and best practice.

For a more detailed explanation of the new AML/CTF regime, including the legislative changes and the obligations applying from 1 July 2026, see our original news post: AML/CTF changes impact law firms from 31 March 2026.

The Federal Government’s Division 296 superannuation tax will take effect from 1 July 2026, introducing higher taxes on earnings attributable to superannuation balances above the large superannuation threshold of $3 million.

The tax imposes an additional 15% tax on earnings attributed to the portion of an individual’s Total Superannuation Balance (TSB) that exceeds the large superannuation balance threshold of $3 million; and 25% exceeding the very large superannuation balance threshold of $10 million.

As a result, individuals with TSBs between $3 million and $10 million will pay a total tax rate of 30% on earnings from TSBs in that range. For balances exceeding $10 million, the effective tax rate will rise to 40% on earnings from TSBs above the threshold.

The By Lawyers Self Managed Superannuation Fund guide has been updated, including amendments to:

• the Commentary outlining the new tax arrangements; and
• Product Disclosure Statements precedents for establishing a superannuation fund.

The Self Managed Superannuation Fund guide provides a trusted source of up-to-date commentary and precedents, helping firms work efficiently, manage risk, and advise clients with confidence as the Division 296 superannuation tax change commences.

The Federal Circuit and Family Court of Australia have issued a new Practice Direction governing the use of artificial intelligence in all proceedings before the Court.

The Practice Direction: Use of Artificial Intelligence (PD-AI) commenced on 29 May 2026 and applies to lawyers, litigants, experts and all other court users.

Professional obligations remain unchanged

The practice direction confirms that lawyers' existing professional and ethical obligations continue to apply when using AI. Practitioners remain responsible for the accuracy and appropriateness of all material filed with, or relied on, in the court.

The court emphasises that AI-generated content must be independently checked and verified. Users must not assume that content is accurate simply because it was generated by a commercial or subscription-based AI product.

Verification of AI-generated content

Court users who use AI to assist in preparing documents must ensure that the output is:

• accurate, relevant and current;
• authentic and not fabricated or manipulated;
• appropriately adapted to the circumstances of the case; and
• compliant with confidentiality and privacy obligations.

References to legislation, case law, textbooks and articles generated by AI must be independently verified before being relied on.

No general disclosure requirement

The practice direction does not require practitioners to disclose the use of AI in preparing court documents.

However, if requested by the Court, practitioners must be able to explain:

• whether AI was used;
• which AI tool was used;
• how the output was checked and supervised; and
• how the requirements of the practice direction were met.

Confidentiality and sensitive information

The practice direction contains detailed guidance regarding confidential and sensitive information.

Information obtained through discovery, subpoena or disclosure processes, or material subject to non-publication or suppression orders must not be entered into any GenAI tool unless its confidentiality is protected.

Practitioners must be satisfied that any AI platform used provides appropriate safeguards to prevent disclosure and use of information outside the relevant proceeding.

Consequences of misuse

Inappropriate use of AI may result in the court disregarding material, excluding evidence, making adverse costs orders, or referring the matter to a regulatory body.
However, the court also acknowledges that the responsible use of AI has the potential to improve efficiency, reduce costs and enhance access to justice. 

Publication updates

The By Lawyers Divorce, Children and Property Settlement guides have been updated to reflect the new practice direction and assist practitioners in complying with its requirements.

The By Lawyers Staff Handbook, part of the Practice Management publication, has been updated to reflect this and other Court-issued directions and guidance. 

The AI use policy within the By Lawyers Staff Handbook has been updated to help firms align their use of AI with a clear compliance structure.

The Staff Handbook, part of the By Lawyers Practice Management Guide, contains a complete set of essential policies and procedures for law firms. Firms can adopt these directly or use them as a framework to create their own bespoke policies.

Enhanced AI use policy 

The AI use policy within the By Lawyers Staff Handbook has been significantly enhanced.

This update reflects the rapidly evolving professional environment in which courts, regulators, and professional bodies are increasingly making one point very clear: AI tools may be used, but they must be used responsibly, and their output verified.

AI use environment

Across Australian jurisdictions, a growing number of practice directions, practice notes, and judicial guidance materials have reinforced courts’ consistent expectations, underpinned by lawyers’ existing professional and ethical obligations, including that:

• AI is a tool, not an authority;
• Legal practitioners remain fully responsible for all material they file or rely on in court; and
• Outputs generated by AI must be checked for accuracy, relevance, and authority.

In short, the professional obligation not to mislead the court remains as binding as it ever was, despite the ease with which it can now be neglected.

Utility of an AI use policy

The updated By Lawyers AI use policy brings these expectations together in a clear, practical format for day-to-day use in practice.

In practical terms, it allows firms to align their use of AI with a clear compliance structure, reducing uncertainty, improving supervision, and lowering risk exposure.

Integration with practice tools: LEAP Matter AI

The enhanced By Lawyers AI use policy is designed to be readily adopted by firms using integrated AI tools such as LEAP Matter AI.

For LEAP users, this means:

• The By Lawyers AI use policy can be embedded as the firm’s governing framework for AI-assisted drafting within matters;
• It provides a consistent baseline for staff training and supervision across all workflows; 
• It supports firms in applying a single, documented standard of AI verification; and
• It helps ensure that AI-generated material within LEAP Matter AI is subject to the same professional checks required for any other source of legal content.

The Pinsent Masons case: a cautionary tale

The update also reflects recent international developments, including the widely reported matter of Anthony Malcolm Cork & Anor v Mark Smith [2026] EWHC 1199 (Ch), involving the UK law firm Pinsent Masons.

In that case, AI-generated material was relied upon without adequate verification, with erroneous material repeatedly submitted to the court. The detailed forensic examination that Judge Mullen conducted provides both an exemplar of the risks of using AI in legal practice and the way to avoid them: namely to verify AI output against authentic sources, every time. 

The enhanced By Lawyers AI use policy is drafted with the Pinsent Masons case in mind. It includes the requirement to record all AI use and the method of verification.

Publication updates

The updated policy is now available in the Staff Handbook in By Lawyers Practice Management Guide to help firms align with current court expectations and emerging regulatory thinking, while also drawing on real-world lessons for the profession globally.

Having an AI use policy is a must for any firm, to make its AI use safer, more disciplined, and ultimately more defensible.

A new Case Management System (CMS) Portal for the criminal jurisdiction of the Magistrates’ Court in Victoria is being introduced by Court Services Victoria as part of a broader program to modernise the court’s legal infrastructure.

The portal will launch on 30 June 2026 and replace older platforms, including eDocs and the Electronic Filing Appearance System (EFAS), which will be phased out by 25 June 2026.

The CMS Portal will provide a single-entry point for filing and managing criminal cases, improving the flow of information between the courts and related agencies, including Victoria Police, Corrections Victoria, prosecuting bodies and legal practitioners.

Key features

The key features of the new CMS Portal include:

• Electronic case initiation and online document filing
• Online access to case records, including filing history, and related documents
• Real-time court diary access to assist with date selection and listings
• Automated court notifications and downloadable orders

Access

At this stage, access is limited to authorised professional users, including police informants, government prosecutors, legal practitioners, and court staff. Self-represented parties and members of the public cannot use the portal to file documents and must continue to use existing physical and legacy channels.

The By Lawyers Criminal and Traffic Offences guides have been updated to help practitioners navigate this change.

By Lawyers Wills (VIC) commentary has been comprehensively reviewed and enhanced by our in-house team, in consultation with our authors.

The review delivers significant improvements to both content and usability, ensuring practitioners have access to practical, up-to-date guidance for this important area of practice.

Key enhancements include:

• an updated and more concise Overview;
• an enhanced Summary of the process, including consideration of having the client sign the retainer instructions as an informal will;
• extended coverage of Multi-jurisdictional and international wills;
• enhanced commentary on wills for blended families, including the issues with long-term arrangements like life estates and mutual wills;
• updated coverage and considerations for Testamentary discretionary trusts;
• updated links and references to relevant legislation;
• enhanced cross-referencing to 101 Succession Answers (VIC) for information and case law;
• re-ordered and rationalised commentary headings and matter plan to improve accessibility and workflow.

The matter plan currently also includes our article on how the foreshadowed changes under the 2026 Federal Budget impact testamentary discretionary trusts. See Looking to the Future in the Reference materials folder.

By Lawyers is committed to keeping all publications current through ongoing review and enhancement by experienced legal practitioners. This enables lawyers to focus on serving their clients with confidence, knowing their legal resources reflect current law and practice.

These latest enhancements to the Wills (VIC) publication further strengthen its value as a practical, trusted resource for lawyers conducting estate planning matters, providing comprehensive guidance, best-practice workflows, and authoritative commentary from instruction through to completion.