• September 2019

  • Tuesday, 17 September 2019
    17 Sep 2019 9:00am - 17 Sep 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    An overview of SMSF constraints and related issues. This program is designed to provide a thorough overview of the essentials. The program includes:

    • Restraints on provision of advice regarding SMSFs
    • New SMSF deeds – key attributes
    • Existing SMSF deeds – review issues
    • Control issues & options
    • SMSFs and non-residents
    • Contributions
    • Investment strategies
    • Leases of business real property
    • Funding & security alternatives
    • Instalment warrants – features
    • Fixed unit trusts
    • Documenting investment strategies – investment phase
    • Segregation v non-segregation – investment phase
    • Managing SMSF breaches
    • Use of investment & other reserves
    • Contingency planning for SMSFs
    • Insurance policies
    • Transitional issues
    • Transferring wealth to superannuation at or near retirement
    • Overview – retirement benefits
    • Transition to retirement income streams
    • Income streams commenced at or post retirement
    • Advice regarding superannuation and insurance
    • Asset protection – bankruptcy clawback powers
    • Payment of superannuation death benefits – options
    • Death benefit options
    • Life insurance & superannuation
    • Generating excepted income for minor dependants
    • Control issues – externally managed funds
    • Control issues – SMSFs
    • Second generation SMSFs
    • Forward planning strategies

    Presented by: Allan Swan, Director - Estate Planning EQUATION – Preventative Law

    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
  • Wednesday, 18 September 2019
    18 Sep 2019 5:00pm - 18 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Are you aware of the Harman Obligation? Did you know it can apply in Family Law matters?

    This session considers the Harman Obligation not to use documents obtained through litigation for an ulterior purpose.  Focusing on Family Law proceedings, this seminar discusses issues including:

    • When the obligation arises;
    • What kind of documents it applies to;
    • When it comes to an end;
    • When a party can be excused from compliance; and
    • Potential cost consequences.

    Presented by: Robyn Wheeler, Barrister, Victorian Bar

    1.0
    $99.00
  • Thursday, 19 September 2019
    19 Sep 2019 9:00am - 19 Sep 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 program will be chaired by:

    Lauren Cassimatis, Principal Director, Accredited Criminal Law Specialist, Gallant Law

    Preparing Complex Bail Applications - Post Reforms 

    This session will provide guidance on preparing complex Bail Applications in light of recent cases dealing with:

    • Compelling reason
    • Exceptional Circumstances
    • Unacceptable risk
    • Failure to provide reasons

    Presented by: 

    Stephanie Joosten, Barrister, Victorian Bar

    and

    Anthony Pyne, Barrister, Victorian Bar

    Case Update and New Developments 

    This session outlines recent cases and emerging developments in relation to the following key areas:

    • Video-Link psychological testing and reports of accused individuals - Are they valid?
    • ‘Catfishing’ cases
    • Open Courts and Other Acts Amendment Bill 2019 - Impact on suppression laws
    • Contempt of court - Online reporting and podcasts of cases and accused
    • Youth Offences and Jurisdiction

    Presented by: Rosalind Avis, Barrister, Victorian Bar

    Negotiating Hard Ball 

    Whether you are the prosecutor or acting for the accused, it is critical to constantly sharpen your negotiating skills.

    This session will focus on advanced negotiating techniques that can enable you to play hard ball whilst still retaining trust and respect from your adversary.

    Presented by: Carmen Randazzo S.C, Barrister, Victorian Bar

    Tendency and Coincidence Evidence - How Complex Can It Be? 

    This is a complex and evolving area where the outcome can turn on subtle considerations of the evidence.

    This session will delve into the critical aspects of this evidentiary maze in light of recent High Court Cases.

    Presented by: Julien Lowy, Barrister, Victorian Bar

     

    4.0
    $490.00
    FILLING FAST!!!
  • Tuesday, 24 September 2019
    24 Sep 2019 1:00pm - 24 Sep 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This session will focus on recent cases and address the potential impact of those decisions in light of previous authorities including issues on:

    • Legal reasonableness
    • Relevance
    • Evidence
    • Materiality – Hossain and SZMTA
    • Hearsay

    Presented by: Trevor Wallwork, Barrister, Victorian Bar

    1.0
    $99.00
  • Wednesday, 25 September 2019
    25 Sep 2019 9:00am - 25 Sep 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 conference is designed to ensure you know how best to advise your client facing a Regulatory Investigation and / or Prosecution. From providing information through to preparing your client for examination, you cannot afford to miss this important program! 

     

    The conference will be chaired by:

    Matthew Peckham, Barrister, Victorian Bar

    Preparing for ASIC Investigations and Examinations 

    Preparing documents, witnesses and the client can be particularly tricky when a client is facing potential regulatory penalties or worse.

    This session will outline the key steps and matters to take into account  when preparing for these often stressful proceedings.

    Presented by: David Grant, Partner, Logie-Smith Lanyon Lawyers - Recommended Commercial Litigation & Dispute Resolution Lawyer, and Insolvency & Restructuring Lawyer, Doyles Guide 2018 / 2019

    Cooperation and Mitigation 

    Recent high profile cases show that early negotiation and willingness to cooperate can mitigate the outcome of a regulatory investigation and legal action.  A Court may take account of issues such as early cooperation even if the regulator hasn’t.

    This session will focus on advising a client how to best deal with investigations in order to secure a better outcome with regulators, or in court, should the matter proceed to hearing.

    Presented by: Lucinda Hill, Counsel, Ashurst

    and

    James Clarke, Partner, Ashurst

    Privilege, Waiver and Confidential Information

    This session will address latest cases dealing with the risks associated with the provision of confidential information to a regulator.  What are the factors to weigh up when advising a client in relation to the provision of information.

    Presented by: Jacob Uljans, Partner, Hall & Wilcox

    Regulatory Investigations and Self-Incrimination 

    This session will focus on the tips and pitfalls around claiming privilege against self-incrimination in regulatory enquiries.

    Presented by: Kieran Hickie, Barrister, Victorian Bar

     

    4.0
    $490.00
    FILLING FAST!!!
  • Wednesday, 25 September 2019
    25 Sep 2019 5:00pm - 25 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar is designed to help you prepare for Personal Injury trials and deal with unexpected challenges. This seminar is a must for PI lawyers. 

    Topics covered include:

    • Essential preparation tasks;
    • Settlement negotiations to avoid trail
    • How to deal with problematic evidence that arises pre and mid trial;
    • Considering witnesses and discovery;
    • Liaising with insurers and experts
    • Helpful tips and tactics 

    Presented by: John Simpson, Barrister, Victorian Bar

    1.0
    $99.00
  • October 2019

  • Wednesday, 9 October 2019
    9 Oct 2019 9:00am - 9 Oct 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers all of the essential elements in the practice of business law from setting up company structures to conducting commercial transactions.

    The program includes:

    • Partnerships
    • Deeds
    • Business names
    • Acting for the vendor
    • Acting for a purchaser
    • Searches
    • Settlements
    • Finance
    • Insurance issues

    This program aims to provide a well rounded foundation for confident practice in this area.


    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
  • Thursday, 17 October 2019
    17 Oct 2019 9:00am - 17 Oct 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 conference will be chaired by:

    Justin Vaatstra, Partner, Arnold Bloch Leibler - Leading Insolvency & Restructuring Lawyer, Doyle's Guide 2018

    This conference provides an in-depth analysis of several key issues facing Insolvency practitioners as follows:

    Insolvent Trading Trusts: Dealing with Trust Assets and Creditors 

    In the recent decision of Carter Holt Harvey v Commonwealth [2019] HCA 20 (Re Amerind), the High Court has clarified how an insolvent corporate trustee is to deal with the assets of a trading trust.  In doing so, the Court resolved the long-standing tension between the divergent decisions of the Full Court of the Supreme Court of Victoria in Re Enhill and the Full Court the Supreme Court of South Australian in Re Suco Gold.  

    This session will discuss the High Court decision in Re Amerind, deal with the distinction between the use of company and trust assets when paying trust creditors, look at the obligation of an insolvent trustee when holding assets as a bare trustee only and consider the issue of liquidator remuneration.

    Presented by: Christopher Brown, Barrister, Victorian Bar

    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.

    Presented by: David Dickens, Special Counsel, Hall & Wilcox

    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.

     

    Presented by: 

    David Newman, Partner, Maddocks, and

    Melissa Jeremiah, Senior Associate, Maddocks

    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

    Presented by: Raini Zambelli, Barrister and Mediator, Victorian Bar

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

    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

    Presented by: Nigel Watson, Consultant, Colin Biggers & Paisley

     

    4.0
    $490.00
  • Monday, 21 October 2019 - Tuesday, 22 October 2019
    21 Oct 2019 9:00am - 22 Oct 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Gain technical skills in conveyancing transactions which will equip you to confidently operate in legal professional practice as a lawyer or senior conveyancer.

    This interactive and practical workshop covers the essentials, including the following topics:

    • Conduct title searches
    • Make applications for certificates and permits from statutory authorities
    • E-conveyancing and VOI (Verification of Identity)
    • Prepare contracts of sale of real estate
    • Draft vendors' statements
    • Draft transfers of land
    • Attend to mortgage documentation
    • Attend to settlement procedures, stamping and registration
    • Attend to Post settlement procedures
    • PEXA Overview

    This workshop introduces practitioners to all aspects of the conveyancing process from property ownership, how the Sale of Land Act 1962 is applied to contracts for the sale of real estate, searches and lodgement of forms, as well as providing an overview of a conveyancing process from initial instructions to post settlement.

    During this workshop, a representative from PEXA will address the key changes to property-related transactions and will guide you through the PEXA processes and procedures as they currently stand.

    This workshop is ideal for legal practitioners new to practice in this area or those requiring a refresher, as well as those who wish to work in a legal office or conveyancing department in senior conveyancing role.

    11.0
    $695.00
  • Tuesday, 22 October 2019
    22 Oct 2019 5:00pm - 22 Oct 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Get the latest updates on significant Decisions being handed down in this complex practice area. Decisions up to September 2019 will be covered. Be confident you are totally up to date! 

    Our presenter will cover recent cases including:

    • Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 
    • Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 
    • Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 
    • Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited  [2019] FCA

    Plus further cases decided up until September! The Ultimate Trademarks Case Update.

    Presented by: Campbell Thompson, Barrister, Victorian Bar
     

    1.0
    $99.00
  • Wednesday, 23 October 2019
    23 Oct 2019 9:00am - 23 Oct 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 27 September: $695 (incl. GST)

    Full Price: $725 (incl. GST)

     

    The Conference will be chaired by:

    Bronwyn Lincoln, Partner, Corrs Chambers Westgarth; Leading Commercial Litigation & Dispute Resolution Lawyers, Doyles Guide 2019

     

    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.

    Presented by: Adam Dimac, Senior Associate, Hall & Wilcox

    and

    Rachel O'Donnell, Special Counsel, Hall & Wilcox

    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.

    Presented by: Dr Vicky Priskich, Barrister, Victorian Bar

    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.

     

    Presented by: Jeremy Zimet, Special Counsel, Phi Finney McDonald

     

    6.0
    $695.00
    Early Bird Price Available - Expires 27 September 2019!
  • Thursday, 24 October 2019
    24 Oct 2019 9:00am - 24 Oct 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 27 September: $695 (incl. GST)

    Full Price: $725 (incl. GST)

    This program is chaired by:

    David Galbally AM QC, Partner, Madgwicks Lawyers

    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?

     

    Presented by:

    Georgina Schoff QC, Barrister, Victorian Bar

    and

    Elle Nikou Madalin, Barrister, Victorian Bar

    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.

    Presented by:

    Mark Rinaldi, Barrister, Victorian Bar, and

    Chris Oldham, Barrister, Victorian Bar.

    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.

     

    Legal Responsibility of Sporting Organisations - Mental Health and Other Workplace Claims 

    The responsibility of sporting organisations to provide a safe workplace is clear, but where does legal liability begin and end?

    Is the professional sporting body the same as any other employer, or is there a layer of complexity arising from expectations that the media and public has towards sporting clubs and players that increases the number of steps that the employer needs to take, in order to adequately fulfil its legal obligations?

    There is now an expectation that every sporting organisation will have the tools and policies in place to identify, prevent and or deal with player and staff issues including mental health concerns such as anxiety, gambling and drug addictions. Can this also extend to post employment issues such as financial and health management?

    This session will discuss the policies that sporting organisations should have in place to deal with current workplace issues, as well as the potential for ongoing liability following the departure of players and staff from clubs, and the potential for future claims in the absence of proper workplace policies and procedures.

    Presented by: Amy Hando, Barrister, Victorian Bar

    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 HorvathPrincipal, 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.

    Presented by: Cristina Morganti-Kossman, Adjunct Associate Professor, Monash University

    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.

    Presented by: Margo Harris, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 27 September 2019!