• June 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!
  • September 2019

  • 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

    Early bird - $695 (ends Friday 2 August)

    Full price - $725

    Your Essential 2019 Case Update 

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

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

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

    Legislative Updates and Developments 2019 

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

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

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

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

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

     

    Preparation and Briefing

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

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

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

     

    Due Diligence and Inconsistencies

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

    This session will address these issues and will also cover:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Non-Delegable Duties in the Medical Profession 

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

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

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

    Don’t miss this hot topic!

     

    6.0
    $695.00