• August 2019

  • Tuesday, 27 August 2019
    27 Aug 2019 9:00am - 27 Aug 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:

    Odette McDonald, Director, Phi Finney McDonald

    Agreement or Deed? Proceed with Caution 

    How do you know which option is best when deciding to record an arrangement by Agreement or Deed? This session will cover topics including:

    • The legal implications of each option;
    • Advantages and disadvantages of each option;
    • The risks and consequences of making the wrong choice;
    • Recent significant cases.

    Ensure you know which way to proceed!

    Presented by: Sarah Worsfield, Barrister, Victorian Bar

    Dealing with Default - Options for Addressing Non-Performance 

    When a contractual arrangement goes wrong as a result of one party's failure to properly perform its obligations, the initial response of many clients - and legal practitioners - is to threaten and / or commence an action for damages. This course of action is costly and time-consuming and usually results in the end of the working relationship between the parties.

    With a range of additional or alternative remedies often available however, it is worth considering the other options that may exist for dealing with inadequate performance.

    Presented by: Sam Kingston, Special Counsel, Maddocks

    Agreeing to Agree - When Letters of Intent or Heads of Agreement Become Binding 

    Despite a common misconception that you can’t have an agreement to agree, in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.

    This seminar will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding. It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct.

    Presented by: Jennika Anthony-Shaw, Barrister, Victorian Bar

    Implied Duty of Co-operation – How Far Does It Go? 

    Whilst it is accepted that, along with an implied duty of good faith, all contracts impose a duty of co-operation on the parties, traditionally there has been little guidance on just how far that duty goes.

    This session will provide an update on the current state of play, including a case update on the implied duty to co-operate and what it means for practitioners drafting and interpreting contracts.

     

    Presented by:

    Emma Poole, Barrister, Victorian Bar, and

    Anna O'Callaghan, Barrister, Victorian Bar.

     

     

    4.0
    $490.00
  • Wednesday, 28 August 2019
    28 Aug 2019 9:00am - 28 Aug 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:

    Magda Marciniak, Partner, Justitia Lawyers and Consultants

     

    Case Update 

    This session will cover cases up to August 2019, covering issues including:

    • Unfair Dismissal, including Conflict of Interest;
    • Workplace Investigations;
    • Racial Discrimination and Underpayment; 
    • Bullying and Mental Health;
    • Job related trauma.

    Presented by: Catherine Symons, Barrister, Victorian Bar

    Freedom of Speech And The Employment Contract - The Intersection 

    Recent high profile cases illustrate the growing confusion around an employee's ‘right’ to freedom of speech.  Issues including personal, religious or political views that may target or offend particular groups, or reflect in an adverse way on their employer.

    Public forums such as Instagram, Twitter and Facebook are potential breeding grounds for the line to be blurred between what is acceptable and what crosses the line.

    Using three hypothetical case studies, our panel will outline their views and challenge various viewpoints and perceptions. A unique opportunity to watch and be a part of.

    Presented by:

    Kamal Farouque, Principal, Maurice Blackburn Lawyers

    Rob Jackson, Partner, Rigby Cooke Lawyers

    Sean Selleck, Partner, Baker McKenzie

    Workplace Investigations – Advising Clients Facing a Workplace Investigation Plus Case Update 

    Allegations of workplace misbehaviour are increasingly common and clients facing those allegations require high level advice in stressful, complex and urgent situations. What advice should you give, and steps should you take when advising:

    • Clients who have just been notified of a workplace complaint / investigation;
    • Clients who seek advice after the investigation has commenced;
    • Clients who seek advice after the investigation has concluded

    This session by reference to significant cases and examples, will provide guidance on the obligations on an employer when conducting workplace investigations and the grounds for the employee to object or dispute the terms of an investigation. It will also address the non-negotiables when advising a client in these situations.

    Presented by:

    Philip Brewin, Director and Accredited Workplace Relations Specialist, Nevett Ford Lawyers;

    and

    Melita Demirova, Group Manager – Industrial Relations, Linfox Armaguard Group

    Tracking and ‘Sign In’ Requirements - Privacy and Consent 

    The technological options for tracking staff including ‘sign in and sign out’ are varied and may require an employee divulging ‘sensitive’ information. This can also occur without the employee’s knowledge or consent.

    This session will outline recent developments surrounding cases dealing with what is and is not permissible in tracking and monitoring employees. This session will also address the ramifications of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

    Presented by: Charles Power, Partner, Accredited Specialist Workplace Relations, Holding Redlich

     

    4.0
    $490.00
  • September 2019

  • Thursday, 5 September 2019
    5 Sep 2019 9:00am - 5 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The conference will be chaired by:

    Hugh Foxcroft QC, Barrister, Victorian Bar; Preeminent Construction & Infrastructure Senior Counsel, Doyles Guide 2019

    John Gurr, Barrister, Victorian Bar; Preeminent Construction & Infrastructure Junior Counsel, Doyles Guide 2019

     

    Your Ultimate 2019 Case Update 

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

    Issues include:

    • Defects and Incomplete Works;

    • Limitations of Actions;

    • Liability of Construction ‘Professionals’;

    • Scope of Works.

    Presented by: Nicholas Andreou, Barrister, Victorian Bar

    Performance Securities - Options and Risks 

    The issue of which Performance Security to choose when drafting building and construction contracts can be critical when things go wrong. This session will demystify this often complex area and provide guidance on the options and risks associated with those options. This session will discuss and compare options including:

    • Banks Guarantees

    • Insurance Bonds

    • PPSR Securities

    • Cash Retention

    • Letter of Comfort

    • Mortgage

    • Longer Payment Terms and Offsetting Provisions

    • Separate Bank Account

    • Related Party Guarantee

    Presented by: St John Frawley, Partner, Thomson Geer - Recommended Construction & Infrastructure Litigation Lawyer, Doyles Guide 2019

    Drafting Mini-Masterclass  

    Navigating through the Construction Contract The session will provide a brief overview of the key features of standard form construction contracts, focussing on Australian Standards. In particular, we will cover some essential drafting tips and traps (both from the Principal and the Contractor’s perspective) in respect of the key risks of time, cost, quality and the role of the Superintendent.

    Presented by: Ben McLeod, Special Counsel, Maddocks

    National Construction Code (NCC) of Australia 

    The NCC was adopted on 1 May 2019 and introduces significant changes. The NCC is administered by the relevant States and Territories (in Victoria under the Building Act 1993) and broadly covers the following:

    • NCC Volume One applies to multi-residential, commercial, industrial and public buildings and structures.
    • NCC Volume Two applies to residential and non-habitable buildings and structures.
    • NCC Volume Three applies to plumbing and drainage for all classes of buildings.

    This session will discuss the above changes including:

    • Performance Based Compliance Options;
    • Acceptable Construction Practices (ACP).

    Presented by: Persa Buchanan, Special Counsel, Thomson Geer Lawyers

    Owners Corporations and Building Defects – A ‘who, what, where and how’ analysis 

    When defects appear in an apartment development private lot owners, owners corporations, builders, sub-contractors and developers can find themselves in a legal maelstrom.

    This session will look at some recurring issues in apartment and other owners corporation defects claims.

    The topics covered will include:

    • Whose claim? The distinctions between common lots and private lots for building defect purposes;

    • What an owners corporations (OC) can and cannot do when defects appear within a complex;

    • Allies or enemies? The sometimes-shifting alliances among private lot owners and their OCs;

    • The role of Domestic Building Dispute Resolution Victoria;

    • Building warranty insurance – who gets what if there is not enough to go around;

    • The Water Act; and

    • Combustible cladding and the state government’s proposed fix.

    Presented by: Paul Duggan, Barrister, Victorian Bar

    ALERT! The Sale of Land Amendment Act 2019 and Sunset Clauses – A New Dawn Breaks for Purchasers 

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

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

    Presented by: Louise Hicks, Barrister, Victorian Bar

    Insurance - Managing Construction Risk 

    What are the risks to your client if you fall short of giving the proper advice regarding the usual and perhaps more unusual insurance cover applicable to your client’s project? Insurance issues include policy coverage, terms and conditions, exclusions, defective work and design, indemnity and subrogation, project coverage and gaps.

    This session will provide an overview of the insurance related risks including subtleties and nuances that building and construction lawyers need to know and how to best protect their clients’ interests.

    Presented by: Alexandra Golding, Barrister, Victorian Bar

     

    6.0
    $725.00
  • Wednesday, 11 September 2019
    11 Sep 2019 9:00am - 11 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program will be chaired by:

    Jane Fiske, Partner, Lander & Rogers

    and

    Nicki Mollard, Barrister, Victorian Bar

    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.

    Presented by: Andrea de Souza, Barrister, Victorian Bar

    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.

    Presented by: Naty Guerrero-Diaz, Principal Lawyer and Accredited Personal Injury Law Specialist, Slater and Gordon Lawyers

    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.

    Presented by: Janine McIlwraith, Principal Lawyer, Slater & Gordon

    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.

    Presented by: Bree Ridgeway, Solicitor, Pearce Webster Dugdales

    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.

    Presented by: Emma Dawes, Special Counsel, K&L Gates

    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!

    Presented by: Abhi Mukherjee, Barrister, Victorian Bar

    Medico-Legal Issues Facing Practitioners in 2019 and Beyond 

    This session will discuss some of the latest ‘hot topics’ in the medico-legal field including:

    • My Health Records – will we see patient safety improvements? and
    • Clinical guidelines and their role in establishing standards of care.

    Including a case update, this is a session no practitioner can afford to miss.

    Presented by: Dimitra Dubrow, National Head of Medical Negligence, Maurice Blackburn

     

    6.0
    $725.00
  • 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: 

    Ashleigh Harrold, Barrister, Victorian Bar

    and

    Stephanie Joosten, 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: Lucy Line, Barrister, Victorian Bar

     

    4.0
    $490.00
  • 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! 

    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 later influence a court should the matter proceed to hearing.

    Presented by: Lucinda Hill, Counsel, 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
  • October 2019

  • 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 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

     

    4.0
    $490.00
  • 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)

    Redacting Documents – Errors, Risks and Consequences 

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

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

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

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

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

    Taxation Considerations and Implications in Damages and Settlement Agreements 

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

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

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

    Mistaken Payments and the ‘Change of Position’ Defence 

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

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

    Construction of Contracts – The Continuing Uncertainty 

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

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

    Contractual Penalties and Unconscionability 

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

    Consequential Loss – Recent Decisions and Practical Implications 

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

     

    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.

    Esports – The Next Frontier  

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

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

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

    Professional Sports Contracts – Advanced Drafting Skills 

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

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

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

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

    Presented by: Paul 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.

    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!
  • Friday, 25 October 2019
    25 Oct 2019 9:00am - 25 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 4 October: $695 (incl. GST)

    Full Price: $725 (incl. GST)

    Case Update and Litigation Trends 

    This session will cover significant recent cases covering issues including:

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

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

    New Developments in Superannuation Law 

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

    APRA Update 

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

    Advertising, Forecasting, Disclosure, Inducements 

    This session will address the risks and consequences when funds cross the line into misleading and deceptive conduct and/ or misconduct.

    Hot Topics - Hear from a Panel! 

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

    Presented by:

    Paul Faure, Partner, Holding Redlich

    Heather Gray, Partner, Hall & Wilcox

    and

    Scott Charaneka, Head of Superannuation & Wealth Management, Thomson Geer Lawyers

    Trustee Responsibilities and Overpayments 

    This session will discuss:

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

     

    6.0
    $695.00
    Early Bird Price Available - Expires 4 October2019!
  • Tuesday, 29 October 2019
    29 Oct 2019 9:00am - 29 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!

     

    This conference covers complex Estates Litigation and Trusts issues and is designed for mid-senior level practitioners.

    Will Rectification Applications – Complex Probate Proceedings

    A court may make an order to rectify a will to carry out the intentions of a will maker, if the court is satisfied that the will does not carry out the will maker’s intentions where:

    • a clerical error was made, or

    • the Will does not give effect to the will maker’s instructions.

    This session will discuss the process and implications of rectification applications and will include:

    • Application for rectification of the will pursuant to Section 31 of the Wills Act (1997);

    • Seeking clarification of the will pursuant to Supreme Court (General Civil Procedure) Rules 2015;

    • Evidence of the will-makers intentions – the application process, preparing/ what is to be included in the Summons;

    • Time limitations in Victoria and other states and territories;

    • Outline of the deficiencies the court found in RE Hely; Application by Arbuthnot & Donohue (2018) VSC 614;

    • Recent case update.

    Crisp Orders and Portable Life Interests

    This session will cover:

    • What is a Crisp Order?

    • Pro’s and Con’s of Crisp Orders

    • When alternative accommodation is required for the surviving spouse – eg. Retirement village/aged care facility bond etc

    • Beneficiaries disputing Crisp Orders;

    • Issues arising in blended families;

    • Case studies.

    Challenging Superannuation Death Benefits – Remedies Available for Aggrieved Beneficiaries and Dependants

    Superannuation death benefits may make up a substantial pool of a deceased assets, and whether you are acting for the Executor or the beneficiaries, understanding the rules and dealing with the trustee of a superannuation fund is not straightforward. This session will discuss the rules surrounding a fund trustee’s decision and the remedies available to an aggrieved beneficiary or dependant. This session will cover:

    • The Superannuation Trustee’s discretion;

    • Preparing a death benefit claim;

    • Contesting a Superannuation Trustee’s decision;

    • Taxation of death benefits;

    • The Complaints and Appeals Process in the Courts;

    • The AFCA Approach to Superannuation Death Benefit Complaints;

    • Notable and recent cases.

    Testamentary Trusts - Tax Benefits and Asset Protection

    A Testamentary Trust is created by a will and will come into effect when a person dies. Whether you have been instructed to draft a testamentary trust or act for a client who has received inheritance via testamentary trust, it is vital that the trust is implemented correctly and based on sound legal advice.

    This session will cover:

    • The tax benefits of testamentary trusts;

    • Tax planning and asset protection;

    • Dealing with vulnerable beneficiaries – minors, warring siblings, divorce, health issues including addiction, and/or disability;

    • Managing bankruptcy and litigation risk;

    • Income streaming;

    • The advantages and disadvantages of testamentary trusts;

    • Case updates and examples.

    Presented by: Jennifer Dixon, Practice Leader, Accredited Wills & Estates Specialist, Moore’s

    A Matter of Trust – Family Trust Disputes

    This session will cover the following:

    • The use of Discretionary Trusts in estate planning;

    • Vesting and CGT concerns;

    • Trustee duties;

    • Dispute resolution clauses;

    • “Unsatisfactory” allocations of income;

    • An overview of recent cases including Trani v Trani (2018) VSC 274.

    Trust Deed Variation Clauses 

    This session will cover:

    • Interpreting Variation Clauses;

    • Tips when Drafting Variation Clauses and Powers;

    • Problematic Trust clauses;

    • Preparing Deeds of Declarations of New Powers;

    • Alternative options such as court powers, winding up the trust, new trust etc

    6.0
    $590.00
  • Wednesday, 30 October 2019
    30 Oct 2019 9:00am - 30 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!

     

    Session 1

    Allegations of Inappropriate Behaviour by Staff Members or Contractors 

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

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

    Presented by: Fiona Knowles, Barrister, Victorian Bar

    Session 2

    Family Law Issues and The School’s Role 

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

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

    Presented by:

    Jason Walker, Partner, Gadens, and

    Louise Dorian, Special Counsel, Gadens

    Session 3

    Data Breaches and the Impact on Your School 

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

    This session will outline:

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

    Session 4

    A Safe Workplace and Duty of Care 

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

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

    Presented by: Natalie Blok, Barrister, Victorian Bar

     

    4.0
    $490.00