CPD Programs

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 Bender, Barrister, Victorian Bar

Legislative Update and Developments – An Essential 2019 Guide   

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

Guardianship and Administration Bill 2018;

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, 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 a Part IV Applications 

This session will outline the alternative claims on an estate other than a Part IV application.

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.  

Family Law Legislation Updates and New Developments for 2019 

This session will address recent and emerging legislative developments and updates including:

• Family Law Amendment (Family Violence and Cross examination of Parties) Act 2018;
• The Children Legislation Amendment (Information Sharing) Act 2018 (Vic);
• Fee contributions and changes to the cost of an Independent Children’s Lawyer
• The Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018;
• Key updates including extensions to the Family Law Amendments (2018 Measures No1) Rules 2018.
• Family Violence Plan released by the Family Court and Federal Circuit Court of Australia
• A review of the Residential Tenancy Legislation Amendment (Family Violence) Bill 2018; and
• Amendments to the Restraining Order Legislation.

Family Law Reform and Restructure-Next Steps and Impact on Practitioners and Clients 

Hear from a leading Family Law Practitioner on the ongoing challenges arising from the proposed restructure of the Family Law system.

The Australian Law Reform Commission Review’s Final Report, Family Law for the Future – An inquiry into the Family Law System was released in March 2019.

How many of the final 60 recommendations within the report are likely to be adopted and if so, when? What impact would these changes have on you and your clients?

Family Law Judgements - Case Update 2019 

This session will provide a review of recent, significant cases and trends up to August 2019 from the Family Court of Australia and the Federal Circuit Court.

This case update will include:

Property Matters                         

• Scott & Scott [2019] FamCAFC 9
• Bullow & Bullow [2019] FamCAFC 3
• Sully & Sully [2018] FamCA 786
• Tamaris & Tamaris [2018] FCCA 3696

Taxation related matters

• Commissioner of Taxation for the Commonwealth of Australia v Tomaras [2018] HCA 62

            Sperm donor related matters

• GLS v Russell-Weisz and Ors [2018] WASC 79
• Re Cresswell [2018] QSC 142
• ‘Masson’ and ‘Parsons’ [2019] HCA

            Children’s Matters

• Cao & Cao [2019] FamCAFC 252
• Ardagh (No.2) [2018] FamCAFC 160

Drafting Session

Binding Child Support Agreements to include Termination Event Clauses  

This session will provide practical guidance and examples on what to include in Binding Child Support Agreements since the legislative changes outlined in the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 which commenced 1 July 2018.

This session will also address the impact caused by the retrospectivity of the legislation on Binding Child Support Agreements entered into pre-1 July 2018.

Superannuation Splitting Orders  

This session will look at the nuances in crafting theses Orders so that they comply with the legislative requirements of the Family Law Act 1975.

The consequences of getting theses Orders wrong can be significant and this session will provide essential drafting tips and traps.

Extended Family Impact On Financial Contributions and Children’s Care Arrangements 

This session will look at the impact of the extended family dynamic as it relates to the issue of financial contributions from family members to a party in family law matters. How are the contributions treated by the court and what are the common types of contributions claimed by parties in dispute.

The session will also address the issues that can arise when a parent is actually being supported by family members in providing parental care, instead of the parent taking responsibility and doing it themselves. How do you deal with issues of evidence and determining at what point that parent is not actually providing the parental responsibility.

Self-Service Evidence Gathering 

Recording conversations:

What advice should you give when your client seeks your advice on whether they can record private conversations to use as evidence or as a pressure tactic? Jurisdictional legislative differences can also impact when a conversation is recorded in one state or territory, to be used in another state or territory.

Surveillance:

What would you advise your client if they asked whether they could use a surveillance device to track an ex-partner? Or if they believe they are being monitored? What are the legal parameters around the use of surveillance devices by parties seeking to obtain evidence to their advantage?  

Ethical Considerations for Family Lawyers  

This session will provide insights and guidance for best practice, both for the client and for the practitioner. As Family Law legislation develops and changes, Family Law clients continue to be distressed, the caseload continues to be demanding, and complaints can arise. As a Family Law practitioner, it is essential to implement effective policies, build resilience and maintain wellbeing across our workplaces.

• What does a successful outcome for all parties look like?
• Practical guidance on how to reduce the risk of a complaint
• Developing a personalised and proactive approach to managing vicarious traumatisation and build resilience
• Think innovation!

Presented by: Victorian Legal Services Board + Commissioner

Your Essential 2019 Case Update 

The very essence of medico-legal practice is that something has or at least has appeared, to have gone wrong. Either a patient is making a negligence claim, or a medical professional is aggrieved by a decision made against them. Given the subtle nuances that can impact a claim succeeding or failing, all practitioners working in this complex area need to be on top of the latest cases.

This session will cover the latest medico-legal cases up to September 2019 including:

• Medical negligence claims against surgeons / GP’s;
• Medical negligence claims against Psychiatrists and Psychologists;
• Medical negligence claims against Dentists;
• Appeal decisions by medical professionals and the ‘irrational’ exception to Competent Professional Practice.

Legislative Updates and Developments 2019 

In light of numerous recent developments in the medico-legal legislative space, the risks of overlooking the impact of a change are greater than ever.

This session will provide an in-depth overview of the latest developments, including:

• Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 (relating to Mandatory Reporting Thresholds for doctors);
• Voluntary Assisted Dying Act 2017 (coming into effect 19 June 2019);
• Medical Treatment Planning and Decisions Act 2016 (commenced 12 March 2018);
• Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018.

New laws can bring new risks for you and your clients and this is a session not to be missed.

Expert Witnesses and Evidence in Court – Have you Done your homework? 

Preparation and Briefing

It is critical when obtaining medico-legal evidence from a medical practitioner, for their evidence to be consistent. Prior to your client meeting your expert, whether it be a surgeon or otherwise, you should ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, which then can produce 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 contradicts claims made by your client.

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

Due Diligence and Inconsistencies

What are the risks in failing to adequately research the suitability and previous evidence of an expert witness, particularly in regard to any previous inconsistent statements or evidence presented by that expert witness in other cases.

This session will address these issues and will also cover:

• Grounds for appeal if you subsequently find the expert has given contradictory statements in cases either before or after your client’s matter has been heard; and
• What resources are available to assist in checking an expert’s expertise and their previous evidence.

Ethics, AI, Privacy and Implications – Where To From Here?  

A set of eight Ethical Principles have been drafted and released by the Royal Australian and New Zealand College of Radiologists (the RANZCR principles) which is aimed at guiding ethical standards surrounding AI technology in medicine into the future, as well as complementing today’s current medical tools and systems.

This session will discuss the current state of the medico-legal profession, including privacy, technology, AI, the RANZCR principles and ethical issues likely to be faced as we move into an uncertain future.

Legal Professional Privilege and Patient Confidentiality – What Must Be Disclosed? 

The concepts of ‘patient confidentiality’ and ‘legal professional privilege’ can be complex and time consuming for medical practitioners and their legal advisors. When receiving a subpoena, an order to produce documents or a summons to appear as a witness, there are numerous issues to consider including multiple and sometimes inconsistent jurisdictional requirements, objections to requests, providing sealed and unsealed documents and importantly, identifying and claiming legal professional privilege.

The recent case of Medical Board of Australia v Kemp [2018] VSCA 168, found and perhaps set a precedent that patients medical records are not protected by statutory privilege in disciplinary hearings.

This session will provide guidance on the issue’s practitioners must be alert to when, where and how they can claim privilege on a proper basis.

The Scope of Medical-Legal Counsel – What Does Your Client Demand of you in 2019? 

In February 2019, a story was broadcast on ‘7:30’ on the ABC about a young doctor, Dr. Yumiko Kadota, who was walking away from the medical profession as she was ‘physically and emotionally broken’ from her placement at a Sydney hospital. This followed her blog called “The Ugly Side of Becoming a Surgeon”.

Would you know what to advise a hospital, surgeon or other medical professional in charge of supervision in such circumstances? 

The health industry is becoming more complex and operates within a more competitive, technological and litigious market. If an organisation, or individual within the industry makes a mistake which is then picked up and carried by social media, reputational damage can be devastating.

In addition to legal knowledge and skills, medical-legal counsel are increasingly expected to be proficient in a wide range of areas including negotiation, mediation, dispute resolution and Crisis Management. Having a strong relationship with your client is crucial to being able to understand, manage and deliver the clients expectations.

This session will provide guidance on the current and evolving role of the medical-legal counsel in 2019, so that you can manage your client’s expectations and deliver at the highest level.

Non-Delegable Duties in the Medical Profession 

The vulnerability of patients in institutions and hospitals has been in the spotlight in recent times. As the country faces an ageing population, the issue of proper care by medical professionals and perhaps more importantly, staff, within organisations, will continue to remain a hot topic.

This session will focus on the issue of non-delegable duties in the medical profession including:

• When the duty arises;
• When an organisation is liable for negligence of a staff member;
• Independent contractors;
• Exceptions to the rule.

Don’t miss this hot topic!