• November 2019

  • Tuesday, 12 November 2019 - Wednesday, 13 November 2019
    12 Nov 2019 9:00am - 13 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Develop your skills and increase your confidence in a general tribunal context.

    This two day program includes a thorough overview of evidence in tribunals and fundamentals of cross examination, as well as extensive general tips and techniques.

    A series of fact scenarios give participants the opportunity to perform various submissions, moot and cross examination performances. Individual feedback is provided by our experienced presenters together with practical tips for appearing in VCAT. Leo Cussen Centre for Law, in collaboration with VCAT, have put together a DVD designed specifically for the workshop.

    This is an improved course and is not to be missed.

    11.0
    $695.00
  • Wednesday, 13 November 2019
    13 Nov 2019 9:00am - 13 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop for lawyers provides a practical analysis of the options available for enforcing your client’s orders and judgments in Victoria.  This one day program looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts. It also provides guidance on advising clients on the preferred options and will address preparing court documentation to bring the enforcement options into effect. An Essential Program for all litigators.

    The program includes:

    •    Enforcing Orders and Judgments
    •    Oral examination of debtor
    •    Warrants
    •    Attachments of earnings and attachment of debts
    •    Charging and stop orders over securities and funds in court
    •    Bankruptcy and winding up
     

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Wednesday, 13 November 2019
    13 Nov 2019 5:00pm - 13 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Making an application for default judgment when a defendant fails to defend the matter by the applicable time is prescribed by the relevant rules in Victoria. Issues arise when a plaintiff may choose to “Snap on’ a default judgment which may be considered by the courts as negative practice or acting in bad faith resulting in an adverse costs order when the judgment is set aside.


    This seminar provides a case update on the issue of “snapping on” default judgments and will discuss concerns the courts have regarding this approach.
    This session will also discuss:

    • The applicable principles and considerations you need to weigh up before applying for summary judgment; 
    • The test the courts apply when deciding to order summary judgement;
    • Instances where the courts have dismissed claims on the basis of a lack of evidence by the plaintiff.
       
    1.0
    $145.00
  • Thursday, 14 November 2019
    14 Nov 2019 9:00am - 14 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to provide a solid foundation for those wishing to practice in this area. The program includes:

    • Intestacy
    • Domestic partners
    • Using will precedents
    • Common drafting practices
    • Considerations in preparing a will
    • Codicils
    • Execution
    • Revocation
    • Alteration
    • Rectification
    • Wills storage
    • Testamentary capacity
    • Undue influence
    • Executor's duties
    • Executor's commission
    • Powers of trustees
    • Essential and optional provisions and clauses
    • Costing the file
    • Basic estate planning
    • Legal professional responsibilities
    • Powers of Attorney

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    6.0
    $495.00
  • Thursday, 14 November 2019
    14 Nov 2019 9:00am - 14 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    Leo Cussen Centre for Law is a MARA Approved CPD Provider.

    Department of Home Affairs Update, Trends and New Developments for 2019/2020 

    This session will address recent and emerging legislative developments, trends and a detailed Home Affairs Update including:

     

    ALERT! The Sponsored Parent (Temporary) Sub Class 870 Visa

    New five-year visa for parents and grandparents available from 17 April 2019 (Subclass 870 visa) – Discussion includes Costs, visa cap, health criteria, eligibility criteria;

     

    ALERT! Regional Immigration Update:

    • New visas for regional Australia include:
    • Skilled Employer Sponsored Regional (Provisional) Visa – available from November 2019;
    • Skilled Work Regional (Provisional) Visa - available from November 2019;
    • Permanent Residence (Skilled Regional) Visa – available from November 2022.
    • Regional Sponsored Migration Scheme (subclass 187);
    • Working Holiday Maker (WHM) Update- Subclass 417 (Working Holiday Visa) and Subclass 462 (Work and Holiday Visa).

     

    Legislative Update:

    • Migration and Other Legislation Amendment (Enforced Integrity) act 2018 and on-going reforms;
    • The Migration Amendment (Family Violence and Other Measures) Act 2016 which established a sponsorship framework for the sponsored family visa program;
    • Migration Amendment (Strengthening the Character Test) Bill 2018 (Cth).

     

    Department of Home Affairs Update:

    • Skilled Occupation Lists – New occupations added by the department on 11 March 2019 to the Short terms List, Medium to Long Term Skilled Occupation List (MLTSOL) and the Regional Skilled Occupation List (RSOL) - affecting Subclasses 482, 189, 190, 186, 187, 407 and 485;
    • Asia-Pacific Economic Cooperation (APEC) Business Travel Card (ABTC) for Australian Citizens and Foreign Applicants;
    • Australian and Greece – Reciprocal work and holiday arrangements to commence 1 July 2019;
    • “Visas for GPs initiative” and Health Workforce Certificates - New Requirement for Overseas Trained Doctors.

     

    General Update and Trends:

    • Skilling Australian Fund (SAF) levy for 457/482 visa holders update – What does this mean for sponsors/employers;
    • Update on holders of a Subclass 405 Investor Retirement visa or a Subclass 410 Retirement visa.
    • Waiting Time and Approvals Update! – Permanent Partner Visa for onshore and offshore applicants, Citizenship, Annual Nation Immigration Intake and more.
    • Tribunal’s view on “dishonest” migrants.

    Presented by: Lena Hung, Principal and Accredited Immigration Law Specialist, Lena Hung & Associates

    Migration Law Case Update 2019 

    This session will address recent notable cases within the Federal Court, Federal Circuit Court and the AAT. The case update will include:

    • Extensions of time to the AAT
    • Family Violence;
    • Partner Visas;
    • Protection Visas;
    • Compelling circumstances;
    • Ministerial Intervention;
    • And more!

    Presented by: Sheridan Lee, Member, Administrative Appeals Tribunal, Migration and Refugee Division

    The Savvy Investor – A Closer Look at Business Innovation and Investment Visas

    This session will take a closer look at Business Innovation, Investment and the Entrepreneur streams and how to effectively manage these visas when advising your entrepreneurial client.

    This session will cover the below visas:

     

    • Significant Investor Visas (SIV) - Business Innovation and Investment (Provisional) Visa (Subclass 188);
    • Business Innovation and Investment (Permanent) Visa (Subclass 888); and
    • Business Talent Visa (Subclass 132).

     

    This presenter will also discuss the difficulties that can arise when applying for these visa streams, their processing times, and will examine where these visas have been turned down on technicalities.

    Presented by: Carina Ford, Managing Partner, Accredited Immigration and Administrative Law Specialist, Carina Ford Immigration Lawyers

    Intersection between the Department of Home Affairs and Third-Party Agencies 

    This session will provide an insight into the Department of Home Affairs consulting with third party or government agencies to collect and use information when considering a visa application and whether this gives rise to issues of procedural fairness.

    This session will discuss the options available to your client under the FOI Act and other complaint authorities should your client’s visa be cancelled as a result of reliance on third-party documents.

    Presented by: Jessica Williamson, Partner, WLW Migration Lawyers

    Intersection with Migration and Criminal Law – Cancellations Under s116 and s501 

    An increase in Australian Visa Cancellations for Character Grounds and Criminal Convictions is a government response to national security concerns resulting in a significant  number of cancellations and deportations each year.

    This session will examine visa cancellation decisions under s116 and s501 and the immediate advice you should be giving to your client should this situation arise.

    This session will consider:

    • Merits review of decisions made under s501;
    • Ministerial Powers;
    • The Human Rights Implications of detention and deportation.

    Presented by: Lily Ong, Special Counsel and Accredited Immigration Law Specialist, Logie-Smith Lanyon Lawyers; (MARN 9896553)

    Immigration and the role of the Commonwealth Ombudsman 

    The Commonwealth Ombudsman is the organisation responsible for monitoring and handling complaints about the Department of Home Affairs.

    This session will discuss the role that the Commonwealth Ombudsman can provide to visa applicants and how support from this organisation may assist in progressing your client’s visa application. Learn about how you can use the Commonwealth Ombudsman’s regime to strategically advantage your client.

     

    This session will also consider the findings and investigations carried out by the Commonwealth Ombudsman into the Department of Home Affairs.

    Presented by: Valerie Dagama Pereira, Principal and Accredited Immigration Law Specialist, Da Gama Pereira and Associates – Recognized by Best Lawyers (Immigration Law) 2020

    Employer Sponsored Visa’s, Fraud and Client Vulnerability 

     

    When a client applies for an employer-sponsored visa, they are often completely reliant on that employer for work whilst their visa application is processed. Given this power imbalance, it is not uncommon for instances of fraud, or even situations where an employer goes out of business, leaving the visa applicant in limbo through no fault of their own.

    With reference to recent cases, our presenter will outline the most common issues likely to arise for your client’s when arriving on an employer-sponsored visa, the avenues they may have, legal or otherwise, in instances such as fraud or the employer going out of business, This session will also address  how to tackle the tricky issue of the clear power imbalance in these situations.

    Presented by: Lisa-Maree Lo Piccolo, Barrister, Victorian Bar

    Citizenship Refusals – Reasons, Excuses and Your Advice 

    Over 4,000 migrants were refused Australian citizenship in 2016/2017. The reasons for these refusals ranged from a significant delay in returning to Australia after making an initial Application (despite meeting all the requirements for citizenship), failure to disclose a conviction for a stolen pair of shoes and possession of a credit card that was suspected to be stolen, whilst another application was refused on the basis of multiple traffic infringements.

    This session will address both the common, and not so common, reasons for refusal for citizenship, and allow you to be on the front foot heading into 2019 and beyond, when advising your client about their citizenship applications.

    Presented by: Maria Jockel, Principal and National Leader, Accredited Immigration Law Specialist, BDO Migration Services (MARN 9802742)

     

    *Information for Registered Migration Agents and Legal Practitioners:

    Leo Cussen Centre for Law is a MARA approved CPD provider.

    This conference will  provide Registered Migration Agents with 4 Category B CPD Points.

    This conference will provide Legal Practitioners with 6 CPD Points in Substantive Law.

    MARA course code: CN90.

     

    6.0
    $645.00
    *MARA APPROVED PROVIDER
  • Friday, 15 November 2019
    15 Nov 2019 9:00am - 15 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to help practitioners understand the parameters and secrets to drafting effective pleadings. Well drawn pleadings can prevent costly interlocutory disputes and provide a basis to embark on successful litigation. Participants draft pleadings using various fact scenarios and receive feedback and evaluation in this interactive and practical workshop.

    Topics include: the rules of pleadings, statements of claim, defences and subsequent pleadings, set-offs and counter-claims, particulars, identifying faulty pleadings and drafting tips and traps.


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Monday, 18 November 2019
    18 Nov 2019 9:00am - 18 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Experienced instructors will lead participants through the essential skills of when to plead, how to prepare and present an efficient plea in mitigation and the calling of character witnesses.

    This workshop is designed for legal practitioners who practice or intend to practice criminal law, particularly in the Magistrates Court. Case studies will provide a rare and exciting opportunity for participant role play, discussion and guidance from the presenters. This workshop is not to be missed.

     

    5.5
    $495.00
  • Monday, 18 November 2019 - Tuesday, 19 November 2019
    18 Nov 2019 9:00am - 19 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This 2 day workshop covers the fundamentals of practising in this challenging practice area. The program includes:

    • Applicable legislation
    • Family Court and Federal Circuit Court systems and procedures
    • Preparation of documents (including divorce applications, initiating applications and affidavits relating to children, maintenance property settlement, enforcement and contempt, and injunctions)
    • Service of documents
    • Attending court hearings
    • Client interviews
    • Briefing counsel
    • Financial agreements
    • Intervention orders
    • Costing the file
    • Risk management

    Note: This workshop runs for two days.


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    11.0
    $695.00
  • Wednesday, 20 November 2019 - Thursday, 21 November 2019
    20 Nov 2019 9:00am - 21 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical two day workshop provides an overview of the major jurisdictions with a particular focus on Magistrates', County, Supreme Courts with reference to Federal Court and VCAT.

    The program includes:

    •     Pre-litigation correspondence
    •     Without prejudice communications
    •     Offers of compromise
    •     Deciding jurisdiction
    •     Parties
    •     Service of documents
    •     Initiating proceedings
    •     Preparing complaints
    •     Pleadings
    •     Writs
    •     Statements of claim
    •     Undefended actions
    •     Applications for orders and summary judgement
    •     Affidavits in support
    •     Defended actions and defences
    •     Directions hearings
    •     Counterclaims
    •     Set off
    •     Joinder
    •     Particulars
    •     Discovery
    •     Interrogatories
    •     Expert evidence
    •     Witness statements
    •     Setting down for hearing/trial
    •     Risk management
    •     GST related issues


    Note: This workshop runs for 2 days.

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    11.0
    $695.00
  • Wednesday, 20 November 2019
    20 Nov 2019 9:00am - 20 Nov 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    This high level half day conference provides key updates in this complex area including the changes and implications brought about by the Budget 2019 and covers:

    Duties Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Foreign Purchaser Duty;

    • Land Transfer Concession Duties;

    • Stamp Duty and Residential Developments.

    Presented by: James Hamblin, Special Counsel, MinterEllison

    Land Tax Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Principal Place of Residence;

    • Absentee Owner Surcharge Rate;

    • Assessments and Objections;

    • Valuation Changes;

    • Exemptions including the Primary Production;

    • Exemption;

    • SRO and ATO Audit Crackdown.

    GST Impact on Property Transactions 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • GST Margin Scheme;

    • GST at Settlement;

    • GST Adjustments;

    • Included and Excluded Properties and Refunds;

    • ATO Audit Crackdown.

    Complex Land Transfer Transactions Online - Mandatory from 1 August 2019 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Calculation of Duty;

    • Aligning Complex and Noncomplex Transactions;

    • Data Security;

    • Risk Management.

     

    4.0
    $490.00
  • Thursday, 21 November 2019
    21 Nov 2019 9:00am - 21 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    Early bird price available until Friday, 25 October 2019: $695 (incl. GST)
    Full price: $725 (incl. GST)

     

    Aged Care Update 2019 - 2020  

    This session will provide practitioners with a review of the most recent, significant legislative updates and trends in Aged Care including:

    • Single Aged Care Quality Framework and Standards;

    • Clinical Governance Framework;

    • Open Disclosure Framework;

    • New Charter of Aged Care Rights effective from 1 July 2019;

    • Aged Care Amendment (Resident Welfare & Provider Disclosure) Act 2019;

    • National Quality Indicator Program;

    • Government promotion of Home Care;

    • NDIS Quality and Safeguards Commission effective 1 July 2019;

    • Voluntary Assisted Dying Act 2017 (Vic) commenced on 19 June 2019;

    • Introduction of the Retirement Village Code of Conduct (the Code);

    • More Choice for a Longer Life Package;

    • Review into the regulations controlling the administration and management of medications in the Victorian Aged Care sector.

    Negotiating the Retirement Village Agreement and Tips when Advising the Resident Client 

    From management agreements and legal structures, to the financial considerations, navigating through the retirement village agreement is often extensive and complicated. This session will discuss the issues faced when negotiating Retirement Village Agreements and will cover:

    • Common legal structures for retirement villages;

    • What needs to be covered in the Retirement Village Agreement;

    • Financial considerations –Fees, Rent, Recurring Charges, Departure fees etc;

    • Resident and Management Agreements – What to look out for;

    • The clauses you need to be wary of;

    • Tips for Ongoing Contract Review.

    Presented by: Steven Smith, Partner, HWL Ebsworth - Leading Health and Aged Care Lawyer, Doyles Guide 2019; Recognized by Best Lawyers (Property Law and Retirement Villages and Senior Living Law).

    Hot Topic! CCTV and Aged Care – Recording and Privacy Issues  

    This session provides an overview of the options and risks in utilising various surveillance techniques and covers:

    • An overview of Surveillance legislation in Victoria as it impacts this area;

    • Privacy Rights – Employees / Residents;

    • CCTV and Elder Abuse;

    • Who can access CCTV footage;

    • Consent and Capacity of the resident to be filmed;

    • Family members installing hidden cameras;

    • Intersection of Relevant legislation – Surveillance Law including CCTV, Human Rights, Workplace Surveillance Laws, Privacy Act, Aged Care Legislation, and contractual rights between provider and resident;

    • Document Retention, Records Management and Destruction Practices;

    • Data Security.

    Granny Flat Arrangements – Advice, Considerations and What happens when it all goes wrong  

    This session will discuss the different types of granny flat arrangements and the advice you need to provide to your client when entering into this type of arrangement.

    This session will cover:

    • Advising on Granny Flat Arrangements –acting for multiple parties - Wise or Unwise?;

    • Advising on Granny Flat Arrangements – Different types / Benefits and Risks;

    • Financial considerations for the Parent / Family Members;

    • Advising on and Documenting the Arrangement – Deed of Family Arrangement;

    • Centrelink’s “Granny Flat” and Gifting Rules;

    • Pensions – How this may affect your client;

    • Tax Implications;

    • Impacts on the Estate;

    • When the Granny Flat arrangement goes wrong – Family disputes, Insolvency, Divorce settlements and property affected etc.

    Physical and Medicinal Restraints on Residents – Legal Obligations on the Aged Care Facility or Resident Provider  

    This is an evolving area with changes from 1 July 2019 and more on the horizon. This session will outline:

    • Stronger Regulatory Scheme to minimise the inappropriate use of restraints;

    • Threatening Resident Behaviour and the use of Restraints;

    • What happens when a staff member is physically abused or injured;

    • What happens when a resident is injured by use of physical or medicinal restraint;

    • Reporting Obligations under the new Regulatory Scheme.

    Presented by: Dr Melanie Tan, Senior Associate, Russell Kennedy

    Royal Commission into Aged Care Quality and Safety  

    This session will outline its impact on:

    • Systemic Elder Abuse;

    • Staff Assaults on Residents;

    • Restrictions on Freedom;

    • Food Quality and Malnutrition.

    Negligence and Death in a Care Facility  

    This session will address situations when injury, illness or death has occurred by reason of neglect or other alleged negligence or recklessness and will cover:

    • Aged Care Complaints - Responding to Complaints so they don’t escalate;

    • Negligence Actions and Aged Care Litigation;

    • What happens when a resident dies ‘prematurely’;

    • Advising on Coronial Inquiries and Investigations;

    • Admissible evidence.

     

    6.0
    $695.00
  • Friday, 22 November 2019
    22 Nov 2019 9:00am - 22 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Offered in conjunction with Kaplan Professional, this one-day workshop covers the principles involved in understanding and constructing financial statements and works through a practical case study on financial accounts.

    Learning outcomes include:

    • Build confidence in reading and interpreting financial information.
    • Explain the underpinning accounting principles & assumptions.
    • Explore the purpose and development of a general purpose financial report.
    • Examine the relationship between the balance sheet, income statement, cash flow statement & changes in shareholder equity.
    • Explain how the information contained in the four main financial statements are analysed and interpreted.
    • Non-financial performance indicators.

    Topics covered are:

    • Financial reports – accounting principles generally, financial statements and users of financial statements, income statements, balance sheets and cash flow statements.
    • Putting it into practice – case study, account standards, tax versus accounting profits, asset measurement and valuation methods.

    Presented by: Lachlan McColl, Director, Value ADE


    Please note that no refunds or transfers are available for this program.

    5.5
    $680.00