• September 2019

  • Thursday, 19 September 2019
    19 Sep 2019 9:00am - 19 Sep 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    This program will be chaired by:

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

    Preparing Complex Bail Applications - Post Reforms 

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

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

    Presented by: 

    Stephanie Joosten, Barrister, Victorian Bar

    and

    Anthony Pyne, Barrister, Victorian Bar

    Case Update and New Developments 

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

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

    Presented by: Rosalind Avis, Barrister, Victorian Bar

    Negotiating Hard Ball 

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

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

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

    Tendency and Coincidence Evidence - How Complex Can It Be? 

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

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

    Presented by: Julien Lowy, Barrister, Victorian Bar

     

    4.0
    $490.00
    FILLING FAST!!!
  • Wednesday, 25 September 2019
    25 Sep 2019 9:00am - 25 Sep 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    This conference is designed to ensure you know how best to advise your client facing a Regulatory Investigation and / or Prosecution. From providing information through to preparing your client for examination, you cannot afford to miss this important program! 

     

    The conference will be chaired by:

    Matthew Peckham, Barrister, Victorian Bar

    Preparing for ASIC Investigations and Examinations 

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

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

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

    Cooperation and Mitigation 

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

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

    Presented by: Lucinda Hill, Counsel, Ashurst

    and

    James Clarke, Partner, Ashurst

    Privilege, Waiver and Confidential Information

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

    Presented by: Jacob Uljans, Partner, Hall & Wilcox

    Regulatory Investigations and Self-Incrimination 

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

    Presented by: Kieran Hickie, Barrister, Victorian Bar

     

    4.0
    $490.00
    FILLING FAST!!!
  • 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 will be chaired by:

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

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

    Insolvent Trading Trusts: Dealing with Trust Assets and Creditors 

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

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

    Presented by: Christopher Brown, Barrister, Victorian Bar

    Conflicts of Interest and Liquidators 

    This session looks at Liquidators Duties particularly in regard to the following:

    • Conflicts of interest and Liquidators acting as liquidator in multiple related company structures, including wholly owned subsidiaries; and
    • Setting the criteria to adequately address the potential problem of acting with a conflict of interest - Go Energy Group Ltd (in liquidation) [2019] NSWSC.

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

    Voluntary Administration 

    This session covers:

    • Deeds of Company Arrangement post Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA;
    • Validity of a Holding DOCA;
    • Challenging and setting aside a DOCA;
    • The Courts powers to set aside; and
    • Voluntary Administrators, Costs and Equitable Liens Re GGA Lifestyle Pty Ltd (administrators appointed) ; ex parte Woodhouse [2019] WASC.

     

    Presented by: 

    David Newman, Partner, Maddocks, and

    Melissa Jeremiah, Senior Associate, Maddocks

    Directors including Successive Directors Duties Update  

    This session covers recent cases dealing with directors obligations to provide records to a liquidator. The session will cover:

    • Financial records, obligations and defences on liquidation;
    • Successive directors defences; and
    • In the matter of substance Technologies pty ltd [2019] NSWSC

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

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

    This session will cover:

    • Cases dealing with the question of whether privileged or unlawfully acquired material can be used in enquiries or proceedings brought by the ATO;
    • Glencore International AG and Ors v Commissioner of Taxation of the Cth of Australia and Ors

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

     

    4.0
    $490.00
  • Wednesday, 23 October 2019
    23 Oct 2019 9:00am - 23 Oct 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    Early bird price available until Friday 27 September: $695 (incl. GST)

    Full Price: $725 (incl. GST)

     

    The Conference will be chaired by:

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

     

    Redacting Documents – Errors, Risks and Consequences 

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

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

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

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

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

    Taxation Considerations and Implications in Damages and Settlement Agreements 

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

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

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

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

    and

    Rachel O'Donnell, Special Counsel, Hall & Wilcox

    Mistaken Payments and the ‘Change of Position’ Defence 

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

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

    Construction of Contracts – The Continuing Uncertainty 

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

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

    Presented by: Dr Vicky Priskich, Barrister, Victorian Bar

    Contractual Penalties and Unconscionability 

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

    Consequential Loss – Recent Decisions and Practical Implications 

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

     

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

     

    6.0
    $695.00
    Early Bird Price Available - Expires 27 September 2019!
  • Thursday, 24 October 2019
    24 Oct 2019 9:00am - 24 Oct 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    Early bird price available until Friday 27 September: $695 (incl. GST)

    Full Price: $725 (incl. GST)

    This program is chaired by:

    David Galbally AM QC, Partner, Madgwicks Lawyers

    Sporting Figures, Free Speech and the Employment Contract  

    The recent high-profile dispute involving Rugby Australia is now set for a showdown, with many commentators suggesting it will lead all the way to the High Court. Given the complexity of this case, which touches on Codes of Conduct, employment contracts and sporting figures expressing views in public forums, this session is designed to distil the most significant issues arising from this case that apply to your sports law practice.

    This session will discuss issues including:

    • Codes of Conduct - What is reasonable?

    • Should the sporting body be entitled to regulate private views being aired in public?

    • Is it appropriate for sporting bodies to take note of public opinion when developing policies?

     

    Presented by:

    Georgina Schoff QC, Barrister, Victorian Bar

    and

    Elle Nikou Madalin, Barrister, Victorian Bar

    Sports Law Developments and Case Update  

    This session will address recent cases and developments in Sports Law including:

    • Restraint of Trade Clauses (following the Federal Court decision on the National Rugby League’s ‘No Fault Stand Down’ Rule);
    • Update to advice for sporting clubs following the Royal Commission into Institutional Child Abuse and requirement for Code of Conduct and Child Safe Policy;
    • Social media ‘trolling’ and legal remedies;
    • Intellectual property issues surrounding ownership and reproduction of sports players photographs;
    • Proceedings between American sports publishing website ‘The Players Tribune’ against new Australian sports website ‘PlayersVoice’; and
    • Regulation of gender and biological differences and its impact on sport.

    Presented by:

    Mark Rinaldi, Barrister, Victorian Bar, and

    Chris Oldham, Barrister, Victorian Bar.

    Sports Law in Australia – Governance, Regulation and Integrity  

    Late last year Mr. James Wood QC released the most in-depth report into the integrity of Australian sports ever undertaken, titled ‘Review of Australia’s Sports Integrity Arrangements’. It addressed key national and international threats to sporting arenas both here and overseas.

    This session will take an in-depth look into the Report and how it will affect your clients and organisations, including:

    • The establishment of a National Sports Tribunal (National Sports Tribunal Bill 2019) and Sports Commission, Sports Integrity Australia;
    • Addressing corruption in Australian sport;
    • Changes to the ASADA Act to strengthen doping violations (Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Bill 2019;
    • Law enforcement powers, including dealing with ‘information’ under the Privacy Act 1988 (Cth):
    • New federal match fixing laws;
    • The removal of privilege against self-incrimination; and
    • New whistle-blower protections.

     

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

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

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

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

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

    Presented by: Amy Hando, Barrister, Victorian Bar

    Professional Sports Contracts – Advanced Drafting Skills 

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

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

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

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

    Presented by: Paul HorvathPrincipal, Sports Lawyer

    Concussion in Sports – Risks, Rates and Liability  

    As more and more discussion and studies continue to evolve around the issue of concussion in sport, so too does the number of players retiring from sport due to concussion related injuries, and the number of cases being issued by former players seeking compensation.

    This session will look in-depth at the legal liability surrounding this area including:

    • The latest developments relating to concussion in sports;
    • Latest cases;
    • Duty of care and the intersection with workplace health and safety;
    • Potential for class action/s in the future.

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

    Where’s the ‘Good Faith’ in Sporting Contracts?  

    It is always exciting for a sporting club to sign a new player to a contract and their club. It is often met with fanfare and can lead to a jump in sponsorship, memberships and revenue. However, it is not uncommon for players to break contracts early if they are unsatisfied or wish to pursue successful opportunities elsewhere.

    With hundreds of thousands of dollars on the line, where does the duty of ‘good faith’ in sporting and commercial contracts come into play compared to other industries?

    This session will take a look at recent high-profile examples and examine where the duty of good faith lies in the current context of sports and commercial law contracts and the issues you need to consider when you are drafting your client’s next contract.

    Presented by: Margo Harris, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 27 September 2019!
  • 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 will be chaired by:

    Georgina Grigoriou, Barrister, Victorian Bar

     

    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.

    Presented by: Ines Kallweit, Principal Solicitor and Accredited Wills & Estates Specialist, KHQ Lawyers - Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2018.

    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.

    Presented by: Mercia Chapman, Senior Legal Counsel, Equity Trustees

    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.

    Presented by: Michael Clohesy, Principal Lawyer, Aitken Partners

    and

    Jack Conway, Associate, Aitken Partners

    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, Moores

    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.

    Presented by: Sandra Karabidian, Barrister, Victorian Bar

    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
    Filling Fast!
  • 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

     

    4.0
    $490.00
  • November 2019

  • Friday, 8 November 2019
    8 Nov 2019 9:00am - 8 Nov 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 intensive program will take an in-depth look at the finer drafting points and important considerations in the following key areas of family law.

    Our presenters will address the nuances that can arise in complex situations and give you confidence that your drafting skills are at their best.

    This Special program will cover:

     

    Binding Child Support Agreements 

    The Child Support system can be confusing and complex. Debts can easily accrue based on changing circumstances including changes in care, providing the wrong information, or missing or making incorrect payments. While a Binding Child Support Agreement can provide certainty between parties, it is vital that practitioners address all current and future aspects of Support. Being an enforceable Agreement by the Court, getting it wrong can have significant ramifications for you and your client if it is set aside.

    This session will address issues including:

    • Drafting clearly defined terms within Binding Child Support Agreements;
    • How to tailor an Agreement to best suit your client;
    • What payments can and cannot be covered, including periodic and non-periodic child support;
    • The legal requirements that must be covered;
    • The ramifications of getting things wrong.

    Presented by: John Spender, Principal, Kennedy Partners

    Superannuation Splitting Orders 

    One of the most technical areas of Family Law, drafting effective Superannuation Splitting Orders is a vital skill for family law practitioners. Requiring the key knowledge of the Superannuation Law aspects of the Family Law Act 1975, it is a challenge dealing with this highly technical and increasingly complex area of law.  

    This session will offer:

    • Practical tips on how to draft effective superannuation splitting orders;
    • A look at the nuances in drafting orders so they comply with the legislative requirements of the Family Law Act 1975;
    • Key risks and how to avoid them;
    • Proper process and procedure, and your responsibilities following finalised Orders, including correspondence with Superannuation Funds.

    Presented by: Aaron van der Heyden, Principal, Accredited Family Law Specialist, Tisher Liner FC Law

    Spousal Maintenance 

    Spousal Maintenance will only be payable when certain criteria is met. This usually relates to a large disparity in income between parties, financial needs and financial capacity. As there is no set formula for how much spousal maintenance should and will be paid, family law practitioners should be aware of when spousal maintenance should be negotiated and how to draft the relevant orders to ensure their client will receive the ongoing support into the future.

    This session will cover issues including:

    • How and when spousal maintenance arises;
    • Drafting clear and effective Orders;
    • Excluding spousal maintenance from Binding Financial Agreements;
    • Advising your client on ‘reasonable expenses’ and when to make an Application to the Court in the event of disagreement.

    Binding Financial Agreements 

    A Binding Financial Agreement (BFA) can be entered into before, during and after marriage, or de facto relationship, and can be a minefield for family law practitioners. In light of ongoing litigation before the courts to have Binding Financial Agreements set aside, many family law practitioners are concerned about preparing or signing them.  

    This session will focus on the practical aspects of drafting Binding Financial Agreements and examine:

    • The importance of understanding the legislative requirements prior to preparing or signing a BFA;
    • Practical tips and issues to consider when drafting;
    • What should form the content of the Agreement – Can there ever be ‘too much detail’?;
    • Key risk areas to be aware of;
    • How to spot the ‘future trouble client’ and how to take extra precautions.

     

    4.0
    $490.00
  • Thursday, 14 November 2019
    14 Nov 2019 9:00am - 14 Nov 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!

     

    Leo Cussen Centre for Law is a MARA Approved CPD Provider.

    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.
    • Tribunal’s view on “dishonest” migrants.

    Presented by: Lena Hung, Principal and Accredited Immigration Law Specialist, Lena Hung & Associates

    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!

    Presented by: Sheridan Lee, Member, Administrative Appeals Tribunal, Migration and Refugee Division

    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.

    Presented by: Carina Ford, Managing Partner, Accredited Immigration and Administrative Law Specialist, Carina Ford Immigration Lawyers

    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.

    Presented by: Jessica Williamson, Partner, WLW Migration Lawyers

    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.

    Presented by: Lily Ong, Special Counsel and Accredited Immigration Law Specialist, Logie-Smith Lanyon Lawyers; (MARN 9896553)

    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.

    Presented by: Valerie Dagama Pereira, Principal and Accredited Immigration Law Specialist, Da Gama Pereira and Associates – Recognized by Best Lawyers (Immigration Law) 2020

    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.

    Presented by: Lisa-Maree Lo Piccolo, Barrister, Victorian Bar

    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.

    Presented by: Maria Jockel, Principal and National Leader, Accredited Immigration Law Specialist, BDO Migration Services (MARN 9802742)

     

    *Information for Registered Migration Agents and Legal Practitioners:

    Leo Cussen Centre for Law is a MARA approved CPD provider.

    This conference will  provide Registered Migration Agents with 4 Category B CPD Points.

    This conference will provide Legal Practitioners with 6 CPD Points in Substantive Law.

    MARA course code: CN90.

     

    6.0
    $645.00
    *MARA APPROVED PROVIDER
  • Wednesday, 20 November 2019
    20 Nov 2019 9:00am - 20 Nov 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 high level half day conference provides key updates in this complex area including the changes and implications brought about by the Budget 2019 and covers:

    Duties Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Foreign Purchaser Duty;

    • Land Transfer Concession Duties;

    • Stamp Duty and Residential Developments.

    Presented by: James Hamblin, Special Counsel, MinterEllison

    Land Tax Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Principal Place of Residence;

    • Absentee Owner Surcharge Rate;

    • Assessments and Objections;

    • Valuation Changes;

    • Exemptions including the Primary Production;

    • Exemption;

    • SRO and ATO Audit Crackdown.

    GST Impact on Property Transactions 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • GST Margin Scheme;

    • GST at Settlement;

    • GST Adjustments;

    • Included and Excluded Properties and Refunds;

    • ATO Audit Crackdown.

    Complex Land Transfer Transactions Online - Mandatory from 1 August 2019 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Calculation of Duty;

    • Aligning Complex and Noncomplex Transactions;

    • Data Security;

    • Risk Management.

     

    4.0
    $490.00
  • Thursday, 21 November 2019
    21 Nov 2019 9:00am - 21 Nov 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, 25 October 2019: $695 (incl. GST)
    Full price: $725 (incl. GST)

     

    Aged Care Update 2019 - 2020  

    This session will provide practitioners with a review of the most recent, significant legislative updates and trends in Aged Care including:

    • Single Aged Care Quality Framework and Standards;

    • Clinical Governance Framework;

    • Open Disclosure Framework;

    • New Charter of Aged Care Rights effective from 1 July 2019;

    • Aged Care Amendment (Resident Welfare & Provider Disclosure) Act 2019;

    • National Quality Indicator Program;

    • Government promotion of Home Care;

    • NDIS Quality and Safeguards Commission effective 1 July 2019;

    • Voluntary Assisted Dying Act 2017 (Vic) commenced on 19 June 2019;

    • Introduction of the Retirement Village Code of Conduct (the Code);

    • More Choice for a Longer Life Package;

    • Review into the regulations controlling the administration and management of medications in the Victorian Aged Care sector.

    Negotiating the Retirement Village Agreement and Tips when Advising the Resident Client 

    From management agreements and legal structures, to the financial considerations, navigating through the retirement village agreement is often extensive and complicated. This session will discuss the issues faced when negotiating Retirement Village Agreements and will cover:

    • Common legal structures for retirement villages;

    • What needs to be covered in the Retirement Village Agreement;

    • Financial considerations –Fees, Rent, Recurring Charges, Departure fees etc;

    • Resident and Management Agreements – What to look out for;

    • The clauses you need to be wary of;

    • Tips for Ongoing Contract Review.

    Presented by: Steven Smith, Partner, HWL Ebsworth - Leading Health and Aged Care Lawyer, Doyles Guide 2019; Recognized by Best Lawyers (Property Law and Retirement Villages and Senior Living Law).

    Hot Topic! CCTV and Aged Care – Recording and Privacy Issues  

    This session provides an overview of the options and risks in utilising various surveillance techniques and covers:

    • An overview of Surveillance legislation in Victoria as it impacts this area;

    • Privacy Rights – Employees / Residents;

    • CCTV and Elder Abuse;

    • Who can access CCTV footage;

    • Consent and Capacity of the resident to be filmed;

    • Family members installing hidden cameras;

    • Intersection of Relevant legislation – Surveillance Law including CCTV, Human Rights, Workplace Surveillance Laws, Privacy Act, Aged Care Legislation, and contractual rights between provider and resident;

    • Document Retention, Records Management and Destruction Practices;

    • Data Security.

    Granny Flat Arrangements – Advice, Considerations and What happens when it all goes wrong  

    This session will discuss the different types of granny flat arrangements and the advice you need to provide to your client when entering into this type of arrangement.

    This session will cover:

    • Advising on Granny Flat Arrangements –acting for multiple parties - Wise or Unwise?;

    • Advising on Granny Flat Arrangements – Different types / Benefits and Risks;

    • Financial considerations for the Parent / Family Members;

    • Advising on and Documenting the Arrangement – Deed of Family Arrangement;

    • Centrelink’s “Granny Flat” and Gifting Rules;

    • Pensions – How this may affect your client;

    • Tax Implications;

    • Impacts on the Estate;

    • When the Granny Flat arrangement goes wrong – Family disputes, Insolvency, Divorce settlements and property affected etc.

    Physical and Medicinal Restraints on Residents – Legal Obligations on the Aged Care Facility or Resident Provider  

    This is an evolving area with changes from 1 July 2019 and more on the horizon. This session will outline:

    • Stronger Regulatory Scheme to minimise the inappropriate use of restraints;

    • Threatening Resident Behaviour and the use of Restraints;

    • What happens when a staff member is physically abused or injured;

    • What happens when a resident is injured by use of physical or medicinal restraint;

    • Reporting Obligations under the new Regulatory Scheme.

    Presented by: Dr Melanie Tan, Senior Associate, Russell Kennedy

    Royal Commission into Aged Care Quality and Safety  

    This session will outline its impact on:

    • Systemic Elder Abuse;

    • Staff Assaults on Residents;

    • Restrictions on Freedom;

    • Food Quality and Malnutrition.

    Negligence and Death in a Care Facility  

    This session will address situations when injury, illness or death has occurred by reason of neglect or other alleged negligence or recklessness and will cover:

    • Aged Care Complaints - Responding to Complaints so they don’t escalate;

    • Negligence Actions and Aged Care Litigation;

    • What happens when a resident dies ‘prematurely’;

    • Advising on Coronial Inquiries and Investigations;

    • Admissible evidence.

     

    6.0
    $695.00