CPD Programs

Tax Tips and Traps for Family Lawyers 

Common tax issues faced by family lawyers including:

• CGT;
• Transfers of assets;
• Spousal maintenance;
• How to best structure such arrangements for the advantage of all parties involved;
• And other common financial aspects of family law.

Presented by: Briana Kotzapavlidis, Principal, Tisher Liner FC Law

Tax Issues in Family Trusts 

For every ‘straightforward’ family law property settlement, there is a settlement which can involve a complex web of family trusts giving rise to significant taxation issues.

This session will address the due diligence that family lawyers must be aware of when advising a client on tax implications that can arise from family trusts, including:

• Different Trust types;
• Rollover relief;
• CGT;
• Stamp Duty; and
• Trusts tax triggers.

Don’t risk missing out on this important event!

Presented by: F John Morgan, Barrister, Victorian Bar

VCAT – Powers, Practice & Procedure 

This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

Finally, the degree of formality involved in proceedings before VCAT varies considerably.

This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

Presented by: Suzanne Kirton, Senior Member, Victorian Civil and Administrative Tribunal

VCAT Evidence 

Prepare and Presenting the Evidence:

Practitioners must be aware of how to deal with documents and other forms of evidence before VCAT.

This session will discuss everything you need to know when preparing and presenting your next case at VCAT to ensure you’re fully prepared to put your best evidence forward whilst remaining attentive of the unique practical and evidentiary consequences in this jurisdiction.

Expert Evidence:

This session will outline the rules and regulations for Expert Evidence in VCAT and will cover topics including:

• The standard of proof test at VCAT;
• What is the duty of an expert witness to the Tribunal?
• What must an expert evidence report include;
• Service, filing and format of an expert evidence report;
• How expert evidence is given at a hearing including concurrent evidence?;
• What happens if the expert witness changes his or her opinion?;
• How is expert evidence given at a hearing?;
• What is required from the expert when directed by the Tribunal for an ‘Expert Conclave’ and ‘Scott Schedule’;

And more!

Presented by: Eric Riegler, Deputy President, Victorian Civil and Administrative Tribunal

Drafting Effective Statutory Instruments   

The ability to draft clear and legally enforceable statutory instruments is an essential part of every government lawyer’s toolkit. This session will provide the do’s and don’ts on drafting statutory instruments including:

• Purpose and effectiveness of the instrument;
• Structure; and
• Clarity.

Ensure your skills are up to date!

Presented by: Gemma Varley, Consultant Legislative Drafter, Private Practice

Public Service, Personal Opinion and Anonymity  

In light of the recent case of Comcare v Banerji the question about a government employee’s ability to make anonymous public comments that may reflect on the employer, is in the spotlight.  

This session will address the current legal position and the risks 

Presented by: Richard Leder, Partner, Corrs Chambers Westgarth

Legislation - Update and Impact  

Our presenters will outline key updates in the following areas:

• The Local Jobs First Act 2003 amended from The Victorian Industry Participation Policy Act 2003 (in force since August 2018);

This session will address the impact of this Act on procurement processes and contract requirements affecting government lawyers in Victoria.

• The Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Bill 2018;

This Bill, if enacted, will introduce key reforms particularly around Whistleblower protections and an expansion of the types of conduct that can be disclosed.

This session will address the key proposed changes.

• The Government Procurement (Judicial Review) Act 2018 (Cth) was enacted in October 2018.

The Act introduced a regime whereby the conduct of Commonwealth agencies may be challenged as a result of their procurement processes.

This session will address the key changes and impact on government departments.  

Statutory Interpretation - What Do You Mean? 

Statutory Interpretation done well, never gets old. It’s an essential survival tool and always needs to be sharpened. This session will outline the most important elements of:

• Context and Purpose
• Explanation and Persuasion.

Presented by: Peter Fox QC, Barrister, Victorian Bar

Hear from a Leader! Leading My Team - Inspire and Motivate  

Inspiring and motivating the legal team is essential to maximising performance and maintaining morale. This is particularly important as budgets shrink and client expectations increase. What are the essential skills that a leading government lawyer needs to have and what are simple yet highly effective ways to increase team effectiveness and individual job satisfaction? 

This session will outline the ways that you can optimise your and your teams motivation, performance and job satisfaction.

Presented by: Marlo Baragwanath, Victorian Government Solicitor, Victorian Government Solicitor's Office 

Conflicts of interest and Disclosure Policies - When do the facts fall through the cracks?   

Conflicts and Disclosure Policies are a fact of life for government lawyers. But are they always complied with in real life? What are the major risk areas for government lawyers and their colleagues when interpreting and applying these policies. How are the policies being flouted and what are the potential consequences of getting caught.

This session will address these issues and provide guidance in this tricky area.

Workplace Behaviour – A 2019 Update

Recent high profile examples illustrate the importance of adhering strictly to appropriate workplace behaviour guidelines. Sexual harassment or bullying allegations can destroy a career and can also bring a lawyer within the investigatory powers of the Disciplinary bodies. Now more than ever, it is critical for all lawyers to understand the strict rules around what is and is not appropriate behaviour in the workplace. By reference to recent cases this session will address this issue and provide guidance on how to avoid breaching the professional conduct rules prohibiting inappropriate workplace behaviour including sexual harassment and bullying.  

This session is designed to be informal and from your own point of view, with little preparation of materials necessary. As there will be other panellists and question time, the hour long session will be split between you, so not requiring you to speak for the whole 1 hour..

Personal Liability in the Public Sector 

The area of personal liability keeps all lawyers awake at night.  This session will address developments in the area of personal liability in government.