CPD Programs

Insolvency and Employee Entitlements 

This session outlines the treatment of employee entitlements on liquidation, depending on the company structure post recent cases, and covers:

• Companies trading as trustees, or in their own right; 
• Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth [2019] HCA ('the Amerind Case');
• Queensland Nickel Refinery; and
• Fair Entitlements Guarantee (FEG)

Conflicts of Interest and Liquidators 

This session looks at Liquidators Duties particularly in regard to the following:

• Conflicts of interest and Liquidators acting as liquidator in multiple related company structures, including wholly owned subsidiaries; and
• Setting the criteria to adequately address the potential problem of acting with a conflict of interest - Go Energy Group Ltd (in liquidation) [2019] NSWSC

Voluntary Administration 

This session covers:

• Deeds of Company Arrangement post Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA;
• Validity of a Holding DOCA;
• Challenging and setting aside a DOCA;
• The Courts powers to set aside; and
• Voluntary Administrators, Costs and Equitable Liens Re GGA Lifestyle Pty Ltd (administrators appointed) ; ex parte Woodhouse [2019] WASC

Directors including Successive Directors Duties Update  

This session covers recent cases dealing with directors obligations to provide records to a liquidator. The session will cover:

• Financial records, obligations and defences on liquidation;
• Successive directors defences; and
• In the matter of substance Technologies pty ltd [2019] NSWSC

Use of Privileged Material by the ATO and Others in Pursuing Enquiries of Restructured Companies - Is It Ok? 

This session will cover:

• Cases dealing with the question of whether privileged or unlawfully acquired material can be used in enquiries or proceedings brought by the ATO;
• Glencore International AG and Ors v Commissioner of Taxation of the Cth of Australia and Ors

Redacting Documents – Errors, Risks and Consequences 

Redacting electronic documents is a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly including:

• Potential breaches of court orders
• Potential breaches of client confidentiality
• Waiver of privilege
• Release of commercially sensitive material;

all of which have serious consequences for both clients and their lawyers.

Knowing how to properly redact documents is an essential requirement of practice and this session will outline methods of ensuring proper redaction and minimising associated risks. With reference to key cases, leading presenter Dr Sue McNicol QC will outline the critical do’s and don’ts when faced with redaction of electronic documents.

Presented by: Dr. Sue McNicol QC, Barrister, Victorian Bar

Taxation Considerations and Implications in Damages and Settlement Agreements 

Disputes between parties result in settlements which may be the product of mediation, court orders or agreement.  Do you know the taxation considerations and implications that should be considered when negotiating settlements?

When a matter proceeds to trial and damages awarded, your client should already be aware of the potential taxation implications. Whilst the litigation lawyer is not expected to also be a tax expert, are you confident you know enough about the potential taxation problems that can arise simply because of ignorance about the right questions to ask the client?

This session will provide guidance on the taxation matters you need to turn your mind to when advising clients in pre-settlement negotiations and pre-judgment discussions.

Mistaken Payments and the ‘Change of Position’ Defence 

Since the High Court in Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) confirmed that the ‘change of position’ defence can still apply in certain circumstances where a payment has been made by mistake, questions remain unanswered as to its application.

This session will examine the relevant cases, discussing when the ‘change of position’ defence may still be applicable, and the factors that may influence the outcome where an otherwise inequitable payment has been made by mistake.

Construction of Contracts – The Continuing Uncertainty 

Whether or not extrinsic evidence can be admitted as part of the interpretation of contractual terms, without the need to first establish ambiguity, continues to remain in question. Despite the passage of time since Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982), and multiple decisions by intermediate courts since, including Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2018] NSWSC, practitioners continue to face uncertainty arising from conflicting decisions.

This session will discuss various recent decisions and address the question of whether ambiguity is required for evidence of surrounding circumstances to be admissible.

Contractual Penalties and Unconscionability 

Between Paciocco v Australia & New Zealand Banking Group Ltd [2016] HCA and Australian Securities and Investments Commission v Kobelt [2019] HCA this session will explore the current state of play with respect to contractual penalties and unconscionability.

Consequential Loss – Recent Decisions and Practical Implications 

Australian courts have moved away from characterising ‘consequential loss’ in accordance with the second limb of the rule in Hadley v Baxendale. And with courts in different jurisdictions continuing to interpret the term in different ways, it is becoming increasingly difficult to predict with certainty what losses will be recoverable in the event of a breach. This session will provide a review of recent cases dealing with consequential loss and consider their implications. It will also provide guidance on drafting contracts to achieve more certainty as to the extent of the limitation of liability.

Sporting Figures, Free Speech and the Employment Contract  

The recent high-profile dispute involving Rugby Australia is now set for a showdown, with many commentators suggesting it will lead all the way to the High Court. Given the complexity of this case, which touches on Codes of Conduct, employment contracts and sporting figures expressing views in public forums, this session is designed to distil the most significant issues arising from this case that apply to your sports law practice.

This session will discuss issues including:

• Codes of Conduct - What is reasonable?

• Should the sporting body be entitled to regulate private views being aired in public?

• Is it appropriate for sporting bodies to take note of public opinion when developing policies?

Sports Law Developments and Case Update  

This session will address recent cases and developments in Sports Law including:

• Restraint of Trade Clauses (following the Federal Court decision on the National Rugby League’s ‘No Fault Stand Down’ Rule);
• Update to advice for sporting clubs following the Royal Commission into Institutional Child Abuse and requirement for Code of Conduct and Child Safe Policy;
• Social media ‘trolling’ and legal remedies;
• Intellectual property issues surrounding ownership and reproduction of sports players photographs;
• Proceedings between American sports publishing website ‘The Players Tribune’ against new Australian sports website ‘PlayersVoice’; and
• Regulation of gender and biological differences and its impact on sport.

Sports Law in Australia – Governance, Regulation and Integrity  

Late last year Mr. James Wood QC released the most in-depth report into the integrity of Australian sports ever undertaken, titled ‘Review of Australia’s Sports Integrity Arrangements’. It addressed key national and international threats to sporting arenas both here and overseas.

This session will take an in-depth look into the Report and how it will affect your clients and organisations, including:

• The establishment of a National Sports Tribunal (National Sports Tribunal Bill 2019) and Sports Commission, Sports Integrity Australia;
• Addressing corruption in Australian sport;
• Changes to the ASADA Act to strengthen doping violations (Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Bill 2019;
• Law enforcement powers, including dealing with ‘information’ under the Privacy Act 1988 (Cth):
• New federal match fixing laws;
• The removal of privilege against self-incrimination; and
• New whistle-blower protections.

Esports – The Next Frontier  

Esports is a booming industry, with stadiums around the world selling out in excess of 50,000 people at a time, and with an estimated market value of over $1 billion by 2020. Practitioners must not only be prepared to embrace this new industry but also the challenges that come with it.

This session will discuss the unique issues facing practitioners and organisations through the rise of Esports, including:

• Contracts;
• Unfair business practices;
• Intersection of personal and venue sponsorship and endorsement agreements;
• Intellectual property;
• Minors and working hours; and
• Duty of care.

Professional Sports Contracts – Advanced Drafting Skills 

Sports Law is a unique practice area and requires care and precision when drafting complex employment and other contracts. This is the case even for experienced Sports Lawyers, particularly as sponsorships, social media and other evolving issues often overlap.

This essential session will outline strong drafting techniques and will cover:

• Common complex questions arising in Sports Law Employment contracts;
• Contracts with minors;
• Restraints;
• The intersection of the sporting employment contract with sponsor and endorsement agreements; and
• Termination clauses

This session is designed to take your drafting skills to a more advanced level.

Presented by: Paul Horvath, Principal, Sports Lawyer

Concussion in Sports – Risks, Rates and Liability  

As more and more discussion and studies continue to evolve around the issue of concussion in sport, so too does the number of players retiring from sport due to concussion related injuries, and the number of cases being issued by former players seeking compensation.

This session will look in-depth at the legal liability surrounding this area including:

• The latest developments relating to concussion in sports;
• Latest cases;
• Duty of care and the intersection with workplace health and safety;
• Potential for class action/s in the future.

Where’s the ‘Good Faith’ in Sporting Contracts?  

It is always exciting for a sporting club to sign a new player to a contract and their club. It is often met with fanfare and can lead to a jump in sponsorship, memberships and revenue. However, it is not uncommon for players to break contracts early if they are unsatisfied or wish to pursue successful opportunities elsewhere.

With hundreds of thousands of dollars on the line, where does the duty of ‘good faith’ in sporting and commercial contracts come into play compared to other industries?

This session will take a look at recent high-profile examples and examine where the duty of good faith lies in the current context of sports and commercial law contracts and the issues you need to consider when you are drafting your client’s next contract.

Case Update and Litigation Trends 

This session will cover significant recent cases covering issues including:

• TPD Claims;
• Income Protection Claims;
• Death Benefit Claims;
• Notional Estate Claims;
• Class actions.

Presented by: Hayriye Uluca, Senior Associate, Maurice Blackburn Lawyers

New Developments in Superannuation Law 

• This session will examine the impact of changes brought in by the Federal Government Protecting Your Super Package Act on 1 July 2019;
• Treasury Laws Amendment (2018 Superannuation Measure No 1) Bill 2018 - Proposed Superannuation Guarantee Amnesty;
• ASIC Update - Lifting Standards and Transparency of Complaints Handling;
• ATO Update - Superannuation and Leave Loading.

APRA Update 

• Prudential Standard 234 Information Security in force 1 July 2019 - Implementing the ‘New Standard’;
• Update on IOOF v APRA.

Advertising, Forecasting, Disclosure, Inducements 

Crossing the line into Misleading and Deceptive Conduct. This session will address the risks and consequences when Funds cross the line.

Hot Topics - Hear from a Panel! 

• Elder and Family Financial Abuse - Use of Instruments including Powers of Attorney and unauthorised access to superannuation funds;
• Conflict of Duty - Acting in the best interests of members and stakeholders;
• Trustee Duties and Discretions / Reasons;
• Productivity Commission Inquiry Report -Superannuation: Assessing Efficiency and Competitiveness.

Presented by: Paul Faure, Partner, Holding Redlich

Trustee Responsibilities and Overpayments 

This session will discuss:

• Recovery of overpayments on claims;
• Can professional indemnity insurance apply;
• Settlement of claims;
• Defences to claims.

Session 1

Allegations of Inappropriate Behaviour by Staff Members or Contractors 

Responsibilities and options when notified that a staff member or contractor/s has acted inappropriately towards a child in your care:

• Questions to ask and information required
• Staff personal liability vs school liability
• Legal responsibilities towards child/ren and staff member/contractor.
• Options for conducting investigation
• External vs internal investigator

Presented by: Fiona Knowles, Barrister, Victorian Bar

Session 2

Family Law Issues and The School’s Role 

Responsibilities and risks in interpreting and complying with various Court requirements. This session will discuss:

• Parenting Orders, Parenting plans
• Intervention Orders
• Complying with Subpoenas
• Student and parent privacy

Session 3

Data Breaches and the Impact on Your School 

The Mandatory Data Breach laws impose legal responsibility on organisations, including schools, to protect student and staff personal data and information. Breaches can have serious consequences. Recent high profile examples show the adverse impact a breach can have on the reputation of a teaching organisation.

This session will outline:

• What is the data breach regime
• How does it apply to schools
• What data must be protected
• What to do if a breach occurs and your legal reporting obligations

Session 4

A Safe Workplace and Duty of Care 

A school has a responsibility to provide a safe workplace including risks to mental and physical health. This session will discuss the schools’ responsibilities and common risks and causes including: 

• Abuse from parents including online criticism and abuse
• Long hours and report writing
• Managing student behavioural and personal issues

Binding Child Support Agreements 

The Child Support system can be confusing and complex. Debts can easily accrue based on changing circumstances including changes in care, providing the wrong information, or missing or making incorrect payments. While a Binding Child Support Agreement can provide certainty between parties, it is vital that practitioners address all current and future aspects of Support. Being an enforceable Agreement by the Court, getting it wrong can have significant ramifications for you and your client if it is set aside.

This session will address issues including:

• Drafting clearly defined terms within Binding Child Support Agreements;
• How to tailor an Agreement to best suit your client;
• What payments can and cannot be covered, including periodic and non-periodic child support;
• The legal requirements that must be covered;
• The ramifications of getting things wrong.

Superannuation Splitting Orders 

One of the most technical areas of Family Law, drafting effective Superannuation Splitting Orders is a vital skill for family law practitioners. Requiring the key knowledge of the Superannuation Law aspects of the Family Law Act 1975, it is a challenge dealing with this highly technical and increasingly complex area of law.  

This session will offer:

• Practical tips on how to draft effective superannuation splitting orders;
• A look at the nuances in drafting orders so they comply with the legislative requirements of the Family Law Act 1975;
• Key risks and how to avoid them;
• Proper process and procedure, and your responsibilities following finalised Orders, including correspondence with Superannuation Funds.

Spousal Maintenance 

Spousal Maintenance will only be payable when certain criteria is met. This usually relates to a large disparity in income between parties, financial needs and financial capacity. As there is no set formula for how much spousal maintenance should and will be paid, family law practitioners should be aware of when spousal maintenance should be negotiated and how to draft the relevant orders to ensure their client will receive the ongoing support into the future.

This session will cover issues including:

• How and when spousal maintenance arises;
• Drafting clear and effective Orders;
• Excluding spousal maintenance from Binding Financial Agreements;
• Advising your client on ‘reasonable expenses’ and when to make an Application to the Court in the event of disagreement.

Binding Financial Agreements 

A Binding Financial Agreement (BFA) can be entered into before, during and after marriage, or de facto relationship, and can be a minefield for family law practitioners. In light of ongoing litigation before the courts to have Binding Financial Agreements set aside, many family law practitioners are concerned about preparing or signing them.  

This session will focus on the practical aspects of drafting Binding Financial Agreements and examine:

• The importance of understanding the legislative requirements prior to preparing or signing a BFA;
• Practical tips and issues to consider when drafting;
• What should form the content of the Agreement – Can there ever be ‘too much detail’?;
• Key risk areas to be aware of;
• How to spot the ‘future trouble client’ and how to take extra precautions.