• May 2019

  • Thursday, 23 May 2019
    23 May 2019 9:00am - 23 May 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    PPSR – Latest Developments and Case Update 

    This seminar is designed for practitioners who have a good working knowledge of the Personal Property Securities Act 2009 (Cth) and who want to keep abreast of the latest developments in this area. It will examine how the PPSA is being applied and highlight emerging issues, with reference to recent cases.

    This session will cover recent significant cases including:

    • Where a non-entity registers a security interest - In the matter of Psyche Holdings Pty Limited (2018) NSWSC 1254;
    • The Super Priority held by banks or other financial institutions under the PPSA - In the matter of O’Keefe Heneghan Pty Ltd (in liq); Aus Life Pty Ltd (in liq); Rocky Neill Construction Pty Ltd (in liq) trading as KNF Group (a firm) (No 2) (2018) NSWSC 1958;

    This session will also focus on the consequences of registering your PPS registration incorrectly and will discuss the ongoing ramifications arising from OneSteel Manufacturing Pty Ltd (administrators appointed) (2017) NSWSC 21. Ongoing issues include the importance of correctly registering security interests on the PPSR, to ensure registrations of the PPSR are compliant, and what to do if you make a mistake during the registration process.

    Presented by: Mark McKillop, Barrister, Victorian Bar

    Precedence over the PMSI – Can you take priority? 

    This session will discuss the instances where priority may be taken over a PMSI by the registration of a non-PMSI under section 64 of the PPSA and will cover:

    •          The application of s 64 of the PPSA;
    •          Interpretation of the technical requirements under s64 of the PPSA;
    •          Issuing a s64 notice / Or the advice to provide your client if they receive a section 64 notice.

    Perfecting your PPSA Clauses – Drafting Hour! 

    This session will ensure your PPSA clauses are drafted with technical precision and will provide key tips when updating PPSA clauses in your precedent documents which may include Leases, Incentive Deeds, Terms and Conditions and Secured Loan Agreements.

    The intersection between the PPSA and the Corporations Act

     

    This session will examine instances where the PPSA and the Corporations Act intersect sighting notable cases as examples. This session will cover:

     

    • Sections 511 & 588FL(2)(b) and the registration of PPSR interests –Overflow FNQ Pty Ltd (in liq) v Austwide Consumer Products Pty Ltd (2018) 1 Qd R 172
    • Section 267 of the PPSA and S588FM of the Corporations Act – NFT Specialized Tower Cranes LLC v Machforce Pty Ltd (in liq) & Ors (2017) WASC 95;
    • Sections 267 of the PPSA and S588FL of the Corporations Act RE Donnelly and Others (2016) 111 ACSR 477;
    • Section 588FL of the Corporations Act relating to PPSA security interests - Relux Commercial Pty Ltd 9in liq) v Doka Formwork Pty Ltd (2014) VSC 570.

    And more!


     

    3.0
    $390.00
  • Wednesday, 29 May 2019
    29 May 2019 9:00am - 29 May 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The division and disposal of real property and other assets, and the distribution of income, as part of family law proceedings or other arrangements can result in adverse taxation implications if due care is not taken. Every well rounded family lawyer needs this knowledge in their toolkit.

    Although family lawyers are not financial advisers and cannot provide financial advice to clients, settlement agreements must still be drafted in a way that best minimises tax implications for all parties.

    It is imperative that family lawyers have a basic grasp of the essential taxation concepts required, in order to negotiate the best outcome, while minimising financial risk for their clients. This may also minimise risk of a claim of failing to recognise the appropriate financial triggers.

    This ‘must attend’ program for all family lawyers  will cover the following critical topics:

     

    Tax Tips and Traps for Family Lawyers 

    Common tax issues faced by family lawyers including:

    • CGT;
    • Transfers of assets;
    • Spousal maintenance;
    • How to best structure such arrangements for the advantage of all parties involved;
    • And other common financial aspects of family law.

    Tax Issues in Family Trusts 

    For every ‘straightforward’ property law settlement, there is a settlement which can involve a complex web of family trusts giving rise to significant taxation issues.

    This session will address the due diligence that family lawyers must be aware of when advising a client on tax implications that can arise from family trusts, including:

    • Different Trust types;
    • Rollover relief;
    • CGT;
    • Stamp Duty; and
    • Trusts tax triggers.

    Don’t risk missing out on this important event!

     

    3.0
    $390.00
  • Thursday, 30 May 2019
    30 May 2019 9:00am - 30 May 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    VCAT – Powers, Practice & Procedure 

    This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

    Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

    Finally, the degree of formality involved in proceedings before VCAT varies considerably.

    This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

    VCAT Evidence 

     

    Prepare and Presenting the Evidence:

    Practitioners must be aware of how to deal with documents and other forms of evidence before VCAT.

    This session will discuss everything you need to know when preparing and presenting your next case at VCAT to ensure you’re fully prepared to put your best evidence forward whilst remaining attentive of the unique practical and evidentiary consequences in this jurisdiction.

     

    Expert Evidence:

    This session will outline the rules and regulations for Expert Evidence in VCAT and will cover topics including:

    • The standard of proof test at VCAT;
    • What is the duty of an expert witness to the Tribunal?
    • What must an expert evidence report include;
    • Service, filing and format of an expert evidence report;
    • How expert evidence is given at a hearing including concurrent evidence?;
    • What happens if the expert witness changes his or her opinion?;
    • How is expert evidence given at a hearing?;
    • What is required from the expert when directed by the Tribunal for an ‘Expert Conclave’ and ‘Scott Schedule’;

    And more!

    Leave to Appeal VCAT Decisions 

    This session will outline the limitations and requirements when appealing VCAT decisions following the recent changes including procedures for instituting the appeal and the test for the grant of leave to appeal.  

    Our presenter will outline issues including:

    • The grounds of appeal and the ‘tests’ that apply;
    • Process of appealing;
    • The changes to s148 of the Victorian Civil and Administrative Tribunal Act 1998 in relation to the appeals process;
    • The differences between Supreme Court and Court of Appeal;
    • Plus Case Update.

     

    3.0
    $390.00
  • June 2019

  • Wednesday, 12 June 2019
    12 Jun 2019 9:00am - 12 Jun 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 3 May: $665 (incl. GST)

    Full Price: $695 (incl. GST)

     

    Drafting Effective Statutory Instruments   

    The ability to draft clear and legally enforceable statutory instruments is an essential part of every government lawyer’s toolkit. This session will provide the do’s and don’ts on drafting statutory instruments including:

    • Purpose and effectiveness of the instrument;
    • Structure; and
    • Clarity.

    Ensure your skills are up to date!

    Presented by: Gemma Varley, Consultant Legislative Drafter, Private Practice

    Public Service, Personal Opinion and Anonymity  

    In light of the recent case of Comcare v Banerji the question about a government employee’s ability to make anonymous public comments that may reflect on the employer, is in the spotlight.  

    This session will address the current legal position and the risks 

    Legislation - Update and Impact  

    Our presenters will outline key updates in the following areas:

    • The Local Jobs First Act 2003 amended from The Victorian Industry Participation Policy Act 2003 (in force since August 2018);

    This session will address the impact of this Act on procurement processes and contract requirements affecting government lawyers in Victoria.

     

    • The Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Bill 2018;

    This Bill, if enacted, will introduce key reforms particularly around Whistleblower protections and an expansion of the types of conduct that can be disclosed.

    This session will address the key proposed changes.

     

    • The Government Procurement (Judicial Review) Act 2018 (Cth) was enacted in October 2018.

    The Act introduced a regime whereby the conduct of Commonwealth agencies may be challenged as a result of their procurement processes.

    This session will address the key changes and impact on government departments.  

    Statutory Interpretation - What Do You Mean? 

    Statutory Interpretation done well, never gets old. It’s an essential survival tool and always needs to be sharpened. This session will outline the most important elements of:

    • Context and Purpose
    • Explanation and Persuasion.

    Leading My Team - Inspire and Motivate  

    Inspiring and motivating the legal team is essential to maximising performance and maintaining morale. This is particularly important as budgets shrink and client expectations increase. What are the essential skills that a leading government lawyer needs to have and what are simple yet highly effective ways to increase team effectiveness and individual job satisfaction? 

    This session will outline the ways that you can optimise your and your teams motivation, performance and job satisfaction.

     

    Conflicts of interest and Disclosure Policies - When do the facts fall through the cracks?   

    Conflicts and Disclosure Policies are a fact of life for government lawyers. But are they always complied with in real life? What are the major risk areas for government lawyers and their colleagues when interpreting and applying these policies. How are the policies being flouted and what are the potential consequences of getting caught.

    This session will address these issues and provide guidance in this tricky area.

    Panel Session - Challenges facing Government Lawyers in 2019 and Beyond  

    Our esteemed panel will give their views on the significant challenges facing government lawyers and provide insights into how to prepare for and overcome these challenges in uncertain times.

    Theses challenges include:

    • When processes become obstacles;
    • How to do more with less;
    • Public expectation of the public servant.

     

     

    6.0
    $665.00
    Early Bird Price Available - Expires 3 May 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

     

    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.

    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.

    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.

     

    3.0
    $390.00
  • 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

    Early bird price available until Friday 3 May: $695 (incl. GST)

    Full Price: $725 (incl. GST)

     

    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.

    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:

    • Best Bar Pty Ltd v Warn [2019] WASCA 15;
    • Osborne Park Commercial Pty Ltd v Miloradovic [2019] WASCA 17;
    • Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330;

    and more.

    This is your essential case update.

    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.

    Drafting Mini-Masterclass 

    Hear from an experienced practitioner who will use practical examples to highlight essential drafting techniques when preparing affidavits, submissions and witness statements in relation to Serious Injury Applications.

    This session will provide guidance on what to do and what not to do in order to prepare clear, relevant and concise affidavits, submissions and witness statements enabling them to be effective, persuasive and admissible.

    This drafting hour Mini-Masterclass will also cover:

    • The use of Affidavits and Witness Statements in Court;
    • Tips on how evidence is presented including Hearsay;
    • Form, content and style; and
    • Explore techniques and strategies for interviewing witnesses.

    Contributory Negligence – Pointing The Finger 

     The concept of contributory negligence exists throughout all Australian jurisdictions albeit with some slight variations. When coming to a finding of contributory negligence, this will be decided on a case by case basis.

    The complexities and variations involved in these matters were highlighted in the following two cases, both involving intoxicated plaintiffs with substantially different outcomes:

    • McConnell v Cosgrove [2017] QDC 139; and
    • Allianz v Swainson [2011] QCA 136.

    This session will look at the key issues and factors taken into consideration surrounding contributory negligence, as well as a key case update.

    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.

    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!

    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.  

     

    6.0
    $695.00
    Early Bird Price Available - Expires 3 May 2019!
  • 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

    Early bird price available until Friday 10 May: $665 (incl. GST)

    Full Price: $695 (incl. GST)

     

    Sponsored by:

     

    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!

    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

    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:

    Guardianship and Administration Bill 2018;

    Oaths and Affirmations Act 2018

    And more.

    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.

    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.  

    Appearing in the Guardianship Division of VCAT - A DIY Toolkit   

    It is not always possible to brief out and this concise session will provide the essential DIY tips and traps when appearing in this Division. This brief session can reduce risks for you and your client should you have to make an appearance. Instructions come with words not just pictures and no missing bolts, nuts and screws.

    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.  

     

    6.0
    $665.00
    Early Bird Price Available - Expires 10 May 2019!
  • July 2019

  • Thursday, 11 July 2019
    11 Jul 2019 9:00am - 11 Jul 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 24 May: $665 (incl. GST)

    Full Price: $695 (incl. GST)

     

    Property Law Legislative and Tax Update - 2019 

    This session will provide the latest legislative developments and tax updates including:

    Legislative 

    • The Sale of Land Amendment Bill 2018
    • The Owners Corporation Amendment (Short Stay Accommodation) Act 2018
    • PPSA and Property leases

    Tax

    • Land Tax Assessments
    • State Taxes Update - Duty and Land Tax
    • GST and Leasing
    • Foreign Resident’s Capital Gains Withholding Tax
    • GST Withholding Regime
    • Treasury Laws Amendment Bill 2018 (Foreign Investor Tax)

    Your Ultimate 2019 Case and Development Update 

    Are you sure you are on top of all the latest property law cases and developments? This session will review recent significant cases and trends in Property related litigation, highlighting key lessons and risk areas. Cases to July 2019 will be covered. This session is The Ultimate Case Update!  

    Issues include:

    • Claims against local Council
    • Residential leases and landlord’s duty of care
    • Planning issues
    • Owners Corporations and responsibility for defects
    • Section173 Agreements and tips and traps relating to Section 173 Agreements

    Complex Conveyancing Issues - Keeping Your Guard Up 

    Even the most straightforward conveyance can spiral out of control.

    This session will draw your attention to the more complex problems and oversights that can occur in conveyancing matters. Our presenter will address these issues including:

    • Dealing with default
    • Rescission
    • Subdivisions
    • Strata Plans
    • Easements and Covenants
    • Vendor Statement blunders

    This session is designed to help you take back control.

    Drafting Mini-Masterclass 

    This session will tackle head on the essential tips and traps in various important agreements.

    • Navigating through the Development Agreement -What to look out for and what to avoid.
    • Deemed Satisfaction Clauses and other risks in Offers to Lease
    • Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off The Plan Contracts and advising clients in related contracts.

    This session will provide an overview of the most important factors you must ensure are covered in these documents.

    Lending - Impact of Royal Commission and other Developments on the Property Market 

    This session will cover the impact of the Royal Commission on lending practices, regulation and the property market. How will this impact your firm and your clients in 2019 and beyond.

    Risk Management - Learn from the Mistakes of Others 

    Property law and conveyancing continue to attract a significant number of negligence claims. This session will cover the most common causes of claims including:

    • Duty problems
    • Inadequate or incorrect disclosures
    • Lack of proper advice to clients around their own obligations and their own risk management.
    • Inadequate attention to detail.

    Other significant risk issues include:

    • Cyber requests resulting in client funds and confidential information being misused.

    Don’t become a negligence statistic. Learn from the unfortunate mistakes of others.

    Insurance and Property Law - The Intersection 

    This session will outline the important insurance related issues affecting:

    • Owners corporations
    • Landlords
    • Pre-settlement Insurance

     

    6.0
    $665.00
    Early Bird Price Available - Expires 24 May 2019!
  • August 2019

  • Thursday, 1 August 2019
    1 Aug 2019 9:00am - 1 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Lease Incentives – What can go wrong? 

    Lease incentives are more commonly being offered in both retail and commercial lease negotiations to entice tenants to enter into the lease in an ever-competitive market. This session will discuss the implications of a lease incentive and the traps that both landlords and tenants need to be aware of, and will include:

    • Tax Implications;
    • Rent Free Periods;
    • Can the lease be assigned under the incentive;
    • Deed/Disclosure of Incentive;
    • Repayable incentives;
    • Contribution towards fit out and ownership;
    • Default provisions under the incentive;
    • Clawback provisions;
    • Case update and lessons learnt in this area.

    Disputes in Commercial and Retail Leases – Avoiding common errors in leasing litigation 

    This session will discuss the common errors made by practitioners in leasing litigation when either acting for the landlord or tenant. This session will provide guidance on the important issues which must be considered when commencing and during the litigation process including:

    • Jurisdictional issues;
    • Failure to apply termination provisions correctly;
    • Failure to advise on long term lease obligations;
    • Issues found in Breach Notices;
    • Advising on costs implications – Retail or Commercial Lease.

    Eviction Notice! Terminating the Commercial Lease 

    The Commercial Lease is often understood by the Courts and VCAT to be long term binding contract between the landlord and commercial tenant. The rules governing Commercial Leases are complex and landlords must follow the mandatory steps in order to gain lawful possession. Otherwise action can backfire on the landlord. Your advice to tenant or landlord needs to be ‘spot on’ when advising in relation to a possible breach and termination actions.

    This session will discuss the process when evicting a commercial tenant including:

    • The entitlement to evict and whether there was a breach;
    • Termination by notice or a right to re-entry;
    • Dealing with wrongful eviction by the landlord;
    • Commencing proceedings for re-entry;
    • Damages;
    • The risk of a set-off claim.

    Our presenter will also address some of the subtle complexities that can derail an attempt to evict.

    GST considerations in Commercial and Retail Leasing 

    This session will discuss the GST consideration and implications faced in retail and commercial leases and will highlight what you need to know to advise your client correctly! This session will include:

    • Getting GST clauses right;
    • Rate of GST to be charged;
    • GST and Lease Incentives;
    • Supplying leased property;
    • When and where is GST applicable.

    FOR LEASE! What’s the latest in leasing – 2019 

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

    Case Report:

    • Grounds for terminating a lease? - Red Pepper Property Group Pty Ltd v S 3 South Melb Pty Ltd (2019) VSC 41;
    • Tripple A Case – Recent decision of the Queensland Court of Appeal – Tripple A Pty Ltd v WIN Television Queensland Pty Ltd (2018) QCA 246.

    Updates:

    • Commercial Building Disclosure Program – Federal Government Independent Review;
    • Short term letting and Owner’s Corporation update.

     

    4.0
    $450.00
  • Wednesday, 7 August 2019
    7 Aug 2019 9:00am - 7 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 21 June: $665 (incl. GST)

    Full Price: $695 (incl. GST)

     

    How Vulnerable Are Your Staff - Cyber Threats and Security 

    It's easy to be fooled by cyber criminals. Cyber criminals are better than ever at targeting businesses and are always a step ahead. Psychological tools and manipulation are now being used to gain access to confidential information.  As you increase your technology protections how can you be confident that it's going to make a difference?  Your staff are prime targets for cyber criminals to groom and then infiltrate your organisation, and staff are often unaware they have been used to gain access to systems and confidential information, until it’s too late.

    This session will outline how your staff and organisation may be targeted and how to put simple yet effective training and protections in place to block common vulnerable entry points.

    Technology, Processes, Change-Getting ‘Buy In’ 

    How do you get your team and the boards agreement on the choice and implementation of technology? How do you identify the need, the technology and explain the benefits in a way that is simple to understand? What does an advice to the board need to include and cover, in order to get sign off? And how do you get your team to agree to the implementation of technology that will improve efficiency but may also reduce the size of the legal team or support team?

    This session will outline the technology issues that are essential for every in-house counsel to understand, and how to overcome the challenges that flow in terms of board and team 'buy in'.

    Legal Processes - Identification, Delegation, Implementation 

    Efficient use of time and resources has become critical to the in-house team and the client. How do you identify the functions that must be carried out by lawyers and those that can be and are better handled by others? 

    This session will look at developing methods and tools to look at the end-to-end processes, identify the appropriate task for the appropriate person or group, including external consultants, and implement the changes necessary including influencing and managing change

    Leading My Team - Inspire and Motivate 

    Inspiring and motivating the legal team is essential to maximising performance and maintaining morale. This is particularly important as budgets shrink and client expectations increase. What are the essential skills that a great in-house team leader needs to have and what are simple yet highly effective ways to increase team effectiveness and individual job satisfaction? 

    This session will outline the ways that you can optimise your and your teams motivation, performance and job satisfaction.

    Learn to Say No And Still Retain The Board’s Confidence 

    Influencing and building trust between the in-house counsel, the CEO, the board and staff depends on the ability of the in-house counsel being confident, calm and approachable. These skills are important in showing them that whilst you 'have their back' you will also need at times to be firm and direct in your advice, even if it results in strong objection or at worst,  obstruction. The CEO, board and the staff will more readily accept advice they don't want to hear if they respect the in-house counsel giving that advice.

    This session will outline the essential ways to increase your confidence and build healthy relationships and the ability to effectively influence the CEO, board and staff.

    Clarity, Clear Communication and Simplifying your Advice 

    Being able to simplify complex concepts and giving succinct yet full advice are communication and drafting skills that are requisite for all in-house counsel. Long complicated advice may 'cover' you but be confusing for the client to understand and may prolong the process. Getting the point across and making it clear about the decision that you are seeking, will increase the chances that the client will make the decision you need.

    This session will outline the non-negotiables when it comes to clear communications and advice to the CEO and the board.

    The Hayne Report - Culture, Expectation, Caught in The Middle 

    A significant takeaway from the fallout of the Hayne Report is the pressure on in-house counsel to navigate a client’s expectation that client documents  submitted to third parties may be ‘crafted’ in such a  way that is borderline unethical and misleading. What is acceptable and what crosses the line from ‘creative writing’ to a misleading statement? You can't afford to get this wrong.

    This session will highlight the risks and provide guidance on when you need to draw the line. Our presenter will also  discuss the general fallout from the Hayne Report as it impacts in-house counsel.

     

    6.0
    $665.00
    Early Bird Price Available - Expires 21 June 2019!
  • Thursday, 8 August 2019
    8 Aug 2019 9:00am - 8 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 21 June: $695 (incl. GST)

    Full Price: $725 (incl. GST)

     

    Watch and See Announcement!

    The Migration Amendment (Regulation of Migration Agents) Bill 2017 is rumoured to take effect as from 30 June 2019. The Bill, if enacted, will remove legal practitioners from the OMARA regulatory scheme.

    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.

    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!

    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.

    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.

    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.

    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.

    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.

    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.

     

    6.0
    $695.00
    Early Bird Price Available - Expires 21 June 2019!
  • Thursday, 15 August 2019
    15 Aug 2019 9:00am - 15 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 28 June: $665 (incl. GST)

    Full Price: $695 (incl. GST)

     

    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.

    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?  

    Restraining or Removing Lawyers in Family Law Proceedings 

    Whilst the courts usually want to avoid the removal of a lawyer of the clients choosing, sometimes there is no alternative. What are the reasons why a court may agree to the restraint or removal of a lawyer from acting on their client’s behalf?

    Issues such as conflict of interest or potential misuse of client confidential information may influence a court to make such a decision. This session will outline the key reasons and discuss whether the Family law jurisdiction is viewed differently to other practice areas.

    Vexatious Litigant or Not? 

    Where is the line drawn between an overly passionate and determined family law party and the vexatious litigant? Is it a series of events, a group of characteristics or a combination of the two? What is the tipping point should your client or the other party exhibit these warning signs and how do you deal with that situation?

    This session will address these issues and provide helpful guidance so that you are alert to the signs and can take action accordingly.

    Ethical Considerations for Family Lawyers  

    Complaints against family lawyers continue to rank amongst the highest. Family law clients are usually emotionally distressed and engrossed in their matter. Sometimes the client has unrealistic expectations or is looking for someone to take responsibility when things don’t turn out the way they envisaged them. This session will outline:

    • Areas of significant concern for family lawyers in 2019
    • Practical guidance on how to reduce the risk of a complaint
    • What responsibilities do you have when the client obtains evidence by improper means?
    • The top ethical dilemmas that keep family lawyers awake at night.

    This session will also include reference to recent significant disciplinary decisions.

    6.0
    $665.00
    Early Bird Price Available - Expires 28 June 2019!