• June 2019

  • Wednesday, 19 June 2019
    19 Jun 2019 9:00am - 19 Jun 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This event is chaired by:

    Guy Gilbert SC, Barrister, Victorian Bar

    Case Preparation at the AAT – Strategies, Techniques and What to Avoid When Representing Clients 

    The AAT reviews a wide range of decisions made under Commonwealth laws, including FOI Requests, Taxation, Workers Compensation, Child Support, Migration and Refugee decisions and the National Disability Insurance Scheme.  These decisions often affect disadvantaged and vulnerable people and the representation required of each individual can be unique and challenging.

    This session will take you through key strategies and practical tips for preparing a Review at the AAT. You will also be guided on the do’s and don’ts when representing your client more generally in this jurisdiction.

    Including a case update, this is a unique opportunity not to be missed.

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

    Appeals and Rights in the AAT – Your Options Are Limited 

    If a party is aggrieved by a decision of the AAT there is limited avenue for appeal from the AAT to the Federal Court.

    This session will guide you through the process of appealing AAT decisions to the Federal Court including:

    • Proper basis for appeal;
    • Likelihood of Final or Interlocutory Appeals;
    • Relevant timelines;
    • Drafting essential documents for appeal process;
    • Costs consequences for parties;
    • Stay Orders and consequences for your client, particularly in relation to Workers Compensation Claims.

    A must for all those practising in the AAT jurisdiction.

    Presented by: Julie Zhou, Barrister, Victorian Bar

    The Current State of Administrative Law and Judicial Review in Australia 

    This session includes a case update and is presented by an esteemed panel. Our presenters will delve into the current state of Administrative Law, Judicial and Merits based Review, and the role of the AAT.

    Topics to be discussed include:

    • Procedural fairness principles dealt with by the court versus limitations on procedural protections introduced by parliament (especially in the context of migration law cases);
    • Is it fair for the independence of the Tribunal to be called into question when Members are appointed by the current Government, without community consultation?
    • The limits and challenges of administrative law and judicial decision making;
    • Administrative law and the future – Dark or bright?

      This is a not to be missed session.

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

    Mary Cameron, Legal Practitioner, Mary Cameron


    Georgina Costello, Barrister, Victorian Bar


    Filling Fast!
  • Wednesday, 19 June 2019
    19 Jun 2019 1:00pm - 19 Jun 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

    This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

    The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

    Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

  • Thursday, 20 June 2019
    20 Jun 2019 9:00am - 20 Jun 2019 5:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Improve your advocacy skills and techniques. This program includes:

    • Case concept and preparation
    • Preparation of applications
    • Persuasion techniques
    • Submissions (including closing submissions)
    • Examination-in-chief
    • Cross examination
    • Re-examination and making submissions

    Participants will have an opportunity to practice these techniques and skills using a case study. Feedback from experienced advocates is designed to increase your confidence and ability to deal with the challenge of real life advocacy. This is a practical workshop.

    Presented by: Bernard Sutherland, Barrister, Victorian Bar

  • Thursday, 20 June 2019
    20 Jun 2019 9:00am - 20 Jun 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program is chaired by:

    Mary Anne Hartley QC, Barrister, Victorian Bar


    Viola Katotas, Barrister, Victorian Bar

    Psychiatric Injury and Nervous Shock – The New Duty of Care 

    One of the cornerstones of any personal injury case rests on two key issues; was a duty of care owed by the defendant and was that duty of care breached?

    This session will look at recent cases and issues surrounding an emerging area of ‘duty of care’ owed by employers and insurers including:

    • A journalist working for The Age, awarded damages after suffering psychiatric injuries due to repeated exposure to traumatic events (YZ (a pseudonym) v The Age Company Ltd [2019] VCC 148); and
    • A Senior Constable in the Queensland Police Force, awarded damages after suffering psychiatric injury after attending and witnessing the aftermath of a car accident (Caffrey v AAI Limited [2019] QSC 7).

    A must attend session for all personal injury practitioners.

    Presented by: Henry Carus, Principal and Accredited Personal Injury Law Specialist, Henry Carus + Associates

    Workers Compensation and Liability – Your 2019 Ultimate Case Update 

    Are you up to date with the latest decisions in workers compensation and liability over the past 12 months? This session will provide an overview of the most significant cases up to June 2019 including:

    • Samoiloff v Grandiflora Nurseries Pty Ltd [2018] VSC 765
    • Pulling v Yarra Ranges Shire Council [2018] VSC 248
    • Neate v Air Creations Design & Installation Pty Ltd [2018] VSCA 300 

    and more.

    This is your essential case update.

    Presented by: Michel Margalit, Partner, Le Grand Margalit Lawyers

    Expert Witnesses and Medico-Legal Reports In Personal Injury Proceedings –  Have You Done Your Homework? 

    It is essential in every personal injury case to obtain a proper expert medico-legal report to support your client’s case. It is critical however that prior to your client meeting your expert, whether that be a surgeon or otherwise, you ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, to ensure a full and frank assessment.  

    If your witness is not provided with a full brief of evidence including medical records, employment history and witness statements, your expert report may be advantageous in the short term but falter if further documents come to light which counter claims made by your client.

    Along with a case update, this session will provide an in-depth guide of best practice and steps to follow when preparing to contact and brief an expert for a new client.

    Presented by: Damian Clarke, Principal and Accredited Personal Injury Law Specialist, McInnes Wilson Lawyers

    TAC  Case Update and New Developments 

    TAC Compensation claims continue to become more complex. This session will discuss recent developments and the most recent cases of significance, including the Serious Injury List Case Update.

    As the need to stay ahead of the pack has never been greater, this session is your essential TAC jurisdiction update.

    Presented by: Geraldine Collins, Principal Lawyer and Accredited Personal Injury Law Specialist, Maurice Blackburn Lawyers

    Contributory Negligence – Pointing The Finger 

    Where there is a finding of contributory negligence, damages are reduced, having regard to the plaintiff’s share in the responsibility for the damage. 

    However, as illustrated by the recent case of Aycicek v Flowline Industries Pty Ltd [2019] VSCA 37, a finding of contributory negligence will not be open if a plaintiff’s conduct is no more than mere inadvertence, inattention or misjudgment.

    This session will look at the issues and factors taken into account when determining if there has been contributory negligence on the part of a plaintiff who has been injured at work or in a transport accident, and includes a key case update. 

    Presented by: Emily Anderson, Barrister, Victorian Bar

    Driverless Versus Traditional Cars – When The Future Arrives, Who Is Liable? 

    The issue of whether driverless cars will become a reality is fast becoming a question of not ‘if’ but ‘when’. While it may not be tomorrow, there are very real questions which must be answered and addressed sooner rather than later, the least of which is, liability. What will happen if a driver or passenger is injured or killed by a driverless vehicle?

    This session will discuss topics including:

    • The legal issues and concerns that automated vehicles raise;
    • The National Transport Commission’s current discussion paper on motor accident injury insurance and automated vehicles; and
    • Just how far behind our laws and legislations are, and will be in anticipation of this rapidly advancing technology.

    Presented by: Tamara Wright, Lawyer, Maurice Blackburn Lawyers

    Common Law Damages, Costs and Maximising Fee Recovery 

    Unlike other practice areas, when a practitioner is seeking to recover costs in common law damages claims under the Accident Compensation Act 1985 or Workplace Injury Rehabilitation and Compensation Act 2013, the court adopts a compulsory supervisory role to review and approve the recovery of solicitor / client costs.

    This session will provide you with an update on significant issues relating to legal costs relevant to our practice area including:

    • Up to date cases related to legal costs and provide guidance on their practical application;
    • Jurisdictional difference between Supreme and County Courts relating to costs, forms, affidavits and applications;
    • Assessments of costs;
    • Expert and Recovery of costs.

    Don’t miss this important session to maximise your fee recovery!

    Presented by: Penelope Robertson, Costs Lawyer / Principal, Ethical Costing & Legal Services

    Advocates Immunity or File Notes – Your Essential Risk Management Guide 

    Following the recent case of Kendirjian v Lepore [2019] NSWDC 43, the High Court found that the principle of advocates immunity ‘does not extend to negligent advice which leads to settlement of proceedings’.

    This session will discuss the common risks and mistakes faced by personal injury lawyers and the best way you can avoid a claim being made against you or your firm. It will also discuss the case above and key takeaway lessons.  

    Presented by: Emily Hayden, Partner, Accredited Personal Injury Law Specialist, Moray & Agnew


    Filling Fast!
  • Monday, 24 June 2019
    24 Jun 2019 9:00am - 24 Jun 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'.

  • Monday, 24 June 2019
    24 Jun 2019 5:00pm - 24 Jun 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar will provide tips for making and defending Intervention Order Applications on behalf of your clients. 

    The seminar will also explore key risk areas for legal practitioners when practicing in this area.

    Topics to be covered include interim and final orders, hearings, conditions and appeals.

    Presented by: John Livitsanos, Barrister, Victorian Bar

  • Tuesday, 25 June 2019
    25 Jun 2019 1:00pm - 25 Jun 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Negotiation is not always a process or proceeding involving just two opposing parties. It can often involve multiple parties including crossing over jurisdictions and as a result, multiple legal practitioners. Negotiation between multiple parties requires care, skill and due diligence.

    If legal proceedings are issued, this can also add multiple legal counsel into the matter, adding cost, time and complexity.

    In this seminar an experienced presenter will provide guidance on how to deal with complex negotiations with multiple parties.

    The seminar will address issues including:

    • Main factors to take into account when dealing with multiple parties;
    • How and when to change strategy if you anticipate further parties to join proceedings;
    • When to act when your client wants / needs to join another party to proceedings;
    • Psychological factors at play
    • Best way to act when you are in the weakest and or strongest position in proceedings
    • Cross jurisdictional factors that can add to the complexity

    Don’t miss this important seminar.

    Presented by: Dr. Peter Condliffe, Barrister, Victorian Bar

  • Tuesday, 25 June 2019
    25 Jun 2019 5:00pm - 25 Jun 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Indemnity clauses must be drafted with care, skill and precision. This drafting masterclass will provide practical guidance for drafting effective indemnity clauses to minimise risk of ambiguity or unenforceability. This session will also discuss recent cases in this area.

    Presented by: Tomaso Di Lallo, Barrister, Victorian Bar

  • Tuesday, 25 June 2019
    25 Jun 2019 5:00pm - 25 Jun 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The Sale of Land Amendment Bill 2019 was passed on 28 May 2019 and introduced key changes to sunset clauses and off the plan developments which is to have retrospective effect to 23 August 2018.

    This session will discuss the Sale of Land Amendment Act 2019 and will focus on new provisions ss10A to 10F that the Act will insert into the Sale of Land Act 1962. These provisions will impose significant impacts on vendors, their current developments and future investments.

    This is a not to be missed event!

    Presented by: Michael Mammen, Partner, HWL Ebsworth

  • Thursday, 27 June 2019
    27 Jun 2019 9:00am - 27 Jun 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Sponsored by:

    This program is chaired by:

    Iain Jones QC, Barrister, Victorian Bar


    David Collins QC, Barrister, Victorian Bar

    Drafting Mini-Masterclass  

    The session will address drafting issues involving:

    Business and Company Owners:

    What are the essential issues to address with your client when drafting wills and related documents, in cases where businesses and companies would be vulnerable should your client pass away. This is particularly important in cases where the client is the driving force behind the business or company.

    Squabbling Siblings:

    Drafting a Will can be an emotional process for parents whose children do not get on. This is particularly difficult where there is a history of family violence between siblings. This session will address how the will may be drafted to provide for separation of siblings throughout the administration process and advice to assist parents in discussing these issues with their children.

    These important tips can make all the difference!

    Presented by: Jennifer Maher, Principal Laywer, Accredited Wills and Estates Specialist, KCL Law

    Advising on Trusts - The Finer Points  

    Why and when might you choose them? How do they work and what are the Pros and Cons including Tax Implications? This session will provide guidance on these questions by reference to the following options:

    • Superannuation Proceeds Trust (SPT)
    • Superannuation Minor’s Trust/ Minor’s Trust
    • Disability Trust
    • Injury or Compensation Trust
    • Testamentary Trust
    • Charitable Trust
    • Constructive Trust Claims

    Presented by: Carolyn Sparke QC, Barrister, Victorian Bar

    Your Indispensable 2019 Case Update  

    Our presenter will outline significant recent cases including cases dealing with:

    • Deceased estates;
    • Trusts; 
    • Capacity; 
    • Revocation

    and more.

    Presented by: Philip BenderBarrister, Victorian Bar

    Legislative Update and Developments – An Essential 2019 Guide   

    This session will provide an essential update of legislative developments including:

    NEW - Guardianship and Administration Act 2019;

    Oaths and Affirmations Act 2018

    And commentary on the ongoing impact of:

    Voluntary Assisted Dying Act 2017 (Vic).

    The Medical Treatment Planning and Decisions Act 2016

    Presented by: William Moore, Partner, Recommended Wills, Estates and Succession Planning Lawyer and Wills & Estates Litigation Lawyer in Victoria in Doyles’ Guide, Hall & Willlcox

    Early Inheritance Syndrome - How to Recognise the Symptoms and Manage the Risk  

    Potential beneficiaries can use various methods to pressure and influence a testator to allow early access to entitlements before death. This is most likely to arise in cases where elderly parents are pressured by adult children to run down or deplete the estate by improper use of power of attorney, pressure to amend a will or appropriating personal property often without other beneficiaries knowing this has taken place.  How should you best advise your client when you suspect that either they are being influenced prior to will drafting or that beneficiaries are trying to use various means to gain early access to estate assets.

    What are the options to advise your beneficiary clients in cases where they believe the estate has been accessed by other beneficiaries prior to the testator’s death?

    This session will address these issues and provide guidance on the signs, symptoms and management of Early Inheritance Syndrome.

    Presented by: Ines Kallweit, Principal and Accredited Wills & Estates Specialist, KHQ Lawyers

    Personal Representatives and Personal Liability 

    When can a Personal Representative be held personally responsible on distribution of assets?  The question of whether a Personal Representative has notice of an estate debt may not always be straightforward. This session will discuss the risks and consequences of an incorrect distribution and ways to reduce risk.

    Presented by: Justin Rizzi, Barrister, Victorian Bar  

    Alternatives to Part IV Applications - The Ineligible Client 

    Since 2015, the range of people eligible to bring a family provision claim against an estate in Victoria has been significantly narrowed.

    This session will explore the alternative avenues available to ‘ineligible applicants’ including the use of estoppel and constructive trusts.

    A session not to be missed!

    Presented by: Malcolm CampbellPrincipal and Accredited Wills and Estates Specialist, Nicholas O'Donohue and Co.

    Ethical Decision Making - Not Always Obvious  

    Ethical dilemmas can sometimes be clear but other times can be subtle and creep up over time. It is often those times when a practitioner feels backed into a corner and pressured to make a wrong call.  Our presenter will outline the obvious and not so obvious warning signs that can signal an ethical problem.  


    Presented by: Legal Services Board + Commissioner


    Filling Fast!
  • Friday, 28 June 2019
    28 Jun 2019 1:00pm - 28 Jun 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The ramifications of a poorly worded Calderbank letter and Offers of Compromise can be devastating to your client. Getting them wrong can have a significant impact on negotiations, potentially derail proceedings and possibly affect a later Application for Costs should the matter proceed to court.

    This seminar will provide you with an in-depth overview at both Calderbank letters and Offers of Compromise in light of recent cases, and is designed to equip you with the essential skills to draft these important documents with confidence.

    Presented by: Ian Munt, Barrister, Victorian Bar

  • July 2019

  • Wednesday, 3 July 2019
    3 Jul 2019 5:00pm - 3 Jul 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    How does a statutory provision impact the enforceability of a contract in cases which involve the consideration of public policy or illegality.

    This session will outline the key considerations to be taken into account when either drafting, challenging or enforcing provisions in light of statutory considerations.