Australia's #1 Legal CPD Provider - August - October 2019 CPD Program - REGISTER AND PAY BY FRIDAY 2 AUGUST AND SAVE UP TO $100 - Legalwise Seminars
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APPROVED
QA PROVIDER
BY THE LEGAL
PRACTICE BOARD
OF WESTERN
AUSTRALIA
Australia’s
#1 Legal CPD Provider
August - October 2019
CPD Program
REGISTER AND PAY BY FRIDAY 2 AUGUST AND SAVE UP TO $100CASE STUDIES, REAL AGREEMENTS
AND PRACTICAL TIPS!
DRAFTING MINING
CONTENTS AGREEMENTS: PRACTICAL
INTENSIVE
TUESDAY, 17 SEPTEMBER 2019 $490
CONSTRUCTION 9.00AM TO 1.15PM 199W03
Construction Contracts: Limiting Exposure 6
This practical seminar takes a fresh look at some drafting flaws
CORPORATE AND COMMERCIAL commonly found in 5 different types of mining agreements that
Advertising And Marketing Law: How To Keep Out Of The frequently come across a mining lawyer’s desk. With the use of
14
first-hand agreements and case studies, our panel of speakers will
Courtroom
15 illustrate where mistakes can arise during the initial drafting stage
Contract Law: Minimising Liability & Risk
15 and guide you on how to avoid those missteps.
Drone Law: Critical Regulatory, Risk And Liability Issues
Privacy, Mandatory Data Breach And Release Of Data 16
Franchising Law: Critical Lessons And Key Changes 16 Chair: Alan Mizen, Principal, Mizen + Mizen
Not-For-Profits And Charities Legal Symposium 17
Best Practice in Preparing Binding Term Sheets: What is Often Missed?
Understanding Financial Reports: A Practical Workshop 18
With real life examples, explore key issues and concerns to be considered
Lawyers On Boards: Advance Your Career By Being Board Ready 18 when preparing term sheets that are often missed, leaving the way for
uncertainty between the parties.
CPD CORE COMPETENCY AREAS & PRACTICE MANAGEMENT Presented by Hayley McNamara, Principal, Mining Access Legal
Information Law For Government 12
Drafting Mining Projects Sale Agreements: Some Common Flaws
Understanding Financial Reports: A Practical Workshop Lawyers 18 ·· Contract drafting, including warranties and indemnities: checklist and
On Boards: Advance Your Career By Being Board Ready CPD 18 common errors
Be Inspired: Women In Law 19 ·· Transfer of tenements
CPD Compulsory Units: Over Lunch, Over 3 Weeks ·· Structuring and regulatory considerations
19
·· Special considerations, including contractual allocation of
environmental legacy issues
FAMILY LAW ·· Environmental liabilities and legacies
Family Law: Advanced Interdisciplinary And Property Issues 8 ·· Tax implications and stamp duty for agreements
Presented by Luke Nicholls, Counsel, Allen & Overy; Rising Stars - Energy and
Resources, Doyle’s Guide 2017
GOVERNMENT
Information Law For Government 12 Avoiding Joint Venture Misadventures: The Do’s and Don’ts of
Open To Interpretation: A Statutory Interpretation Masterclass 12 JV Agreements
Administrative Decisions And Public Inquiries 13 ·· A recap: Why use a joint venture?
Litigation Issues For All Government Lawyers 13 ·· Critical preliminary questions: checklist
·· Brief overview of a (good) Joint Venture Agreement
·· Examples of key provisions with drafting tips
LITIGATION --Who is contributing what?
Advocacy Essentials 4 --Management and operations
Oral, Written And Documentary Evidence 4 --Funding, expenditure and profits: Who controls the money?
--Dealing with a defaulting participant
--Exit strategies
MISCELLANEOUS
·· International joint venture aspects
Drafting Mining Agreements: Practical Intensive 2 Presented by Brendan Fyfe, Partner, Jackson McDonald
Legal Issues For The Film And Television Industry 9
Migration Law: Critical Visa Changes And Updates 10 Refining Mining Rights Agreements
Users Of Road Transport And Logistics: Legal Concerns 10 ·· Drafting contracts for mining rights agreements
·· Defining the mineral, and considerations on how it will be mined
10th Water Symposium: Managing Legal And Regulatory Risk 11
·· Dealing with co-mineralisation
·· Shared access to infrastructure and competing processing considerations
PERSONAL INJURY Presented by Goran Galic, Partner, Allen & Overy
Workers Compensation Roundup: Your Ultimate Guide 5
Royalty Agreements: What Matters?
CPD Core Areas For Workers Compensation Lawyers 5
·· The essence of a royalty
TPD And Life Insurance Injury Claims 6
·· Product, revenue and deductions
·· Administration of and securing the royalty
WORKPLACE LAW ·· Stamp duty: royalty caps
Workplace Law Symposium 7 ·· Comparative analysis: commodity pre-pays and streaming
Presented by Alex Jones, Partner & Mining Sector Global Co- Chair and
Joanne Steer, Special Counsel, DLA Piper
WILLS AND ESTATES
Estate Disputes Roundup 3
Estate Planning: Structuring, Tax And Suspect Capacity 3
4 ATTEND AND EARN
4 CPD points in Competency Area 2: Professional SkillsFace to Face Live Online On Demand Recordings 03
3
ESTATE PLANNING:
STRUCTURING, TAX AND
ESTATE DISPUTES ROUNDUP SUSPECT CAPACITY
TUESDAY, 17 SEPTEMBER 2019 $490 TUESDAY, 17 SEPTEMBER 2019 $490
9.00AM TO 1.15PM 199W01 2.00PM TO 5.15PM 199W02
Avoid the many pitfalls that can prove costly for both you and Take this unique opportunity to immerse yourself in the critical
your client by taking a comprehensive look at some of the key issues of estate planning. Spend your afternoon on the hard
issues in estate disputes. Catch up on critical takeaways from issues: the proposed reforms on Duties Act, business succession
the latest cases, explore how to manage disputes over equity, interplay with estate planning, suspect capacity and tax.
deceased estates, executors and trustees, and dive into complex
jurisdictional and family relationship issues.
Chair: Maree van der Kwast, Director, Dwyer Durack Lawyers;
Preeminent Wills & Estates Litigation Lawyer and Wills, Estates &
Chair: Rebecca Conder, Head of Practice – Litigation and Dispute Succession Planning Lawyer, Doyle’s Guide 2018
Resolution, Cullen Macleod; Recommended Wills & Estates Litigation
Lawyer, Doyle’s Guide 2018 Structuring for Entity Succession as Part of an Estate Plan
·· Consideration of current entities and their control structure
Estate Litigation: Recent Cases and the Takeaways for Your Practice ·· Planning for succession post current control structure
·· Self-managed superannuation funds, binding death benefit ·· Implementing such plans via relevant robust documents
nominations and Family Provision Act claims ·· Understanding the importance of constant revision and updates
·· Representative proceedings to recover estate assets where required
·· Proprietary estoppel ·· Benefits of involving the family in key decisions as appropriate
·· Suspicious circumstances and contested probate actions Present by Lee-Ann Cartoon, Principal, Succession Solutions Perth
Presented by Brendan Ashdown, John Toohey Chambers; Recommended Wills
& Estates Litigation Junior Counsel, Doyle’s Guide 2018 Succession Planning, Tax and Proposed Reforms on Duties:
Practical Examples
A Guide to Equity and Deceased Estates With the “most comprehensive changes to the Duties Act 2008 since
·· Undue influence it replaced the Stamp Act 1921” currently before WA Parliament, and
·· Challenging inter vivos transactions 2018 being “the biggest year in estate planning in a generation”, this
·· Alternatives to Family Provision Act claims timely session will:
Presented by Fraser Robertson, Barrister, John Toohey Chambers;
·· Outline succession issues in common small business structures: trusts,
Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
companies and partnerships
·· Tackle common problems encountered in practice
Executors and Trustees: Key Issues and Practical Approaches ·· Review amendments to the duties rules impacting landholders,
·· Responsibilities, liabilities and risks corporate reconstructions and acquisitions of the family farm
·· Fiduciary relationships; lawyers as executors ·· Illustrate how this might play out with some worked examples
Presented by Antony Barrier, Director, Munro Doig; Fellow of Tax Institute
·· Conflict of interest when executors are also beneficiaries
·· Discretionary trusts
Suspect Capacity, Will Instructions and Solicitors’ Duties
·· Entitlements of beneficiaries and executors
·· What is testamentary capacity and why is it important in Estate
Presented by John Butler, Special Counsel, Butlers Lawyers & Notaries;
Planning?
Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2017
·· Testamentary incapacity vs uncertain testamentary capacity
‘Parent’ and ‘Child’ Relationships in the Context of Estates Disputes ·· What are your duties regarding testamentary capacity and to whom is
this duty owed?
·· Presumption of parentage and the definition of parentage
·· Managing the risks associated with testamentary capacity
·· How the courts approach the issue
Presented by Leslie Buchbinder, Director, Bowen Buchbinder Vilensky Lawyers
·· The role of DNA
Presented by Elise Croft, Partner, Croftbridge; Leading Wills & Estates Litigation
Lawyer, Doyle’s Guide 2018
Answering the Question of Jurisdiction in Estates Disputes
·· Is WA the appropriate jurisdiction or are there alternatives?
·· Deceased’s domicile and its effects on the question of jurisdiction, the
construction of the Will, and intestacy
·· Considering forum non conveniens challenge
UNABLE TO TRAVEL?
·· Considering enforceability of judgement in another jurisdiction Why not attend our seminars
Presented by Eric Tan, Director, Robertson Hayles Lawyers; Recommended live online or on-demand,
Wills & Estates Litigation Lawyer and Wills, Estates & Succession Planning Lawyer, on any device, 24/7
Doyle’s Guide 2018
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD points in Competency Area 4: Substantive Law 3 CPD points in Competency Area 4: Substantive LawORAL, WRITTEN AND
ADVOCACY ESSENTIALS DOCUMENTARY EVIDENCE
WEDNESDAY, 18 SEPTEMBER 2019 $490 WEDNESDAY, 18 SEPTEMBER 2019 $490
9.00AM TO 1.15PM 199W05 2.00PM TO 5.15PM 199W06
Just starting out or needing a refresher? Wishing your advocacy = From 1 February 2019 evidence in chief in civil trials are to be
win after win after win for you and your clients? If you want to stay given orally without the benefit of witness statements. Attend this
ahead of your peers, then you can’t miss this opportunity to obtain seminar to learn about the effect this has on how your prepare and
useful tips, techniques and guidance for success in court from our whether there is an alternative to witness statements as well as
experienced speaking panel. adducing documentary evidence.
Chair: Chris Shanahan QC, Murray Chambers Chair: Maria Saraceni, Barrister, Francis Burt Chambers
Practical Advice for Young Advocates
·· The types of matters where you might be required to appear NEW LAW
·· Trials in the Magistrates Court NOTICE TO PRACTITIONERS:
·· Managing witnesses WITNESS STATEMENTS OUT & WITNESS OUTLINES IN:
·· Engaging the Bench ELICITING EVIDENCE AFTER 1 FEBRUARY 2019
Presented by Ann Spencer, Barrister, Francis Burt Chambers
Oral Evidence, Without a Witness Statement
The Advocate’s Challenge: Prepared, Persuasive and Pithy
·· Witness preparation
·· The importance of full preparation ·· Examination in Chief – techniques of examination
·· The importance of a written outline of submissions ·· Examination in Chief – Objections to evidence
·· How to deal with your opponent and your opponent’s case ·· When your witness is in trouble
·· The calm and low key approach
The Deposition Power: Evidence Taken De Bene Esse
·· Succinct presentation
·· Power to order evidence to be taken: where, when and who
Prepared by Carolyn Moss, Barrister, Francis Burt Chambers
·· Practice on examination and objections
How to Prepare and Argue Applications Under Pressure ·· How are depositions to be taken
·· Fees, expenses, reports and Orders
·· Identifying the court’s objectives in granting the remedy
·· Matching the client’s needs with the courts expectation Presented by Katja Levy, Principal, Rossello Chambers and Richard
·· Getting on top of the facts quickly and dealing with the issues of Douglas, Francis Burt Chambers
sufficient disclosure
·· Executing the court’s process under pressure
The Nuts and Bolts of Adducing Documentary Evidence
Presented by Dirk Feinauer, Director, Feinauer Lawyers
·· How to tender a document through a witness
Cross Examination for Success ·· Tendering a document without a witness
·· Can non-disclosed documents be put in evidence?
·· Purposes of cross-examination
·· What is documentary hearsay?
·· Leading questions
·· Notices to produce, subpoenas for production of documents,
·· Technique
·· Objecting to documents being tendered
·· Methods of discrediting a witness and the finality rule
·· How to assess a document for relevance, stamping considerations, use
·· Particular issues with expert witnesses, for and against you
of copies, evidence act issues, admissions against interest in document
·· Re-examination
·· What legislative material is required to be put into evidence
Presented Jessica Henderson, Barrister, Francis Burt Chambers
Presented by Stuart Shepherd, Barrister, Murray Chambers
“Great up to date
information”
“Presenters clearly had
a wealth of relevant experience”
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD points in Competency Area 2: Professional Skills 3 CPD points in Competency Area 2: Professional SkillsFace to Face Live Online On Demand Recordings 05
5
WORKERS COMPENSATION CPD CORE AREAS FOR
ROUNDUP: YOUR ULTIMATE WORKERS COMPENSATION
GUIDE LAWYERS
WEDNESDAY, SEPTEMBER 18 2019 $490 WEDNESDAY, 18 SEPTEMBER 2019 $490
9.00AM TO 1.15PM 199W07 2.00PM TO 5.15PM 199W08
Reinvigorate and reignite your knowledge and learning with Earn your CPD core competency area points designed specifically
insights from our panel of expert workers compensation for workers compensation lawyers while at the same time gaining
practitioners. In this seminar you will examine medical issues practical tips and tools towards running a successful practice.
within the context of personal injury, and catch up on the latest Our panel of experts will also navigate you through handy claim
workers compensation cases, legislative developments, and strategies for both sides and then delve into the complex world of
trends, including analysis of key workers compensation decisions ethics. Not to be missed.
and recent changes.
Chair: Jessica Henderson, Barrister, Francis Burt Chambers
Chair: Stephen Williams, Partner, Kott Gunning, Best Lawyers 2019,
Competency Area 1: Practice Management
Insurance Law
Building a Successful Workers Compensation Law Practice
Workers Compensation Case and Legislative Update – An Essential ·· What makes a successful worker’s compensation practice: discover the
Guide key ‘building blocks’ for this
Presented by Neil Morrissey, Barrister, Albert Wolff Chambers, Preeminent ·· How to use the blocks
Insurance and Personal Injury, Junior Counsel, Doyle’s Guide 2018 ·· Maintaining a solid base for your practice
·· How to grow your business
Heart Attacks, Strokes and the Definition of Injury: Sharpen your ·· Explore the various tips and traps
Toolkit Presented by Martin Dobson, Partner, Moray and Agnew, Best Lawyers 2019,
·· The definition of Injury under the Worker’s Compensation and Injury Insurance Law
Management Act 1981
·· Does employment have to be a contributing factor? Competency Area 2: Professional Skills
·· How have the courts dealt with the issues? How to Prosecute and/or Defend a Stress Claim
·· Case studies and examples ·· Practical tips
Presented by Tony Basile, Partner, SRB Legal ·· Case management and document/evidence creation and control
·· Effective communication between the parties
Issue Estoppel in Personal Injury: Is Kuligowski [2001] HCA Presented by David Burton, Partner, SRB Legal
Dissolving or Diluting?
A recent FCAFC decision may require a closer consideration of Competency Area 3: Ethics & Professional Responsibility
Kuligowski. Hear from counsel who presented argument in Kuligowski. Ethical Considerations for Workers’ Compensation Lawyers
Presented by Brian Nugawela, Barrister, Sir Clifford Grant Chambers ·· Ethical considerations when instructing a medical professional
·· Dealing with a self-represented or unrepresented opposing party
Causation in Psychiatric Injury Claims ·· Working with a client who has a mental illness
·· What are the causes of workplace psychiatric injury claims? Presented by Mary Browne, Senior Solicitor, Shine Lawyers
·· Employment to be a contributing factor and contribute to a ‘significant
degree’
·· The difficulty of perception versus reality
·· Excluded causes
·· Onus of proof
Presented by Mark Civitella, Partner, Mills Oakley, Best Lawyers 2019,
Insurance Law
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD points in Competency Area 4: Substantive Law 1 CPD point in Competency Area 1: Practice Management
1 CPD point in Competency Area 2: Professional Skills
1 CPD point in Competency Area 3: Ethics & Professional ResponsibilityCONSTRUCTION
WEB
ONLY
TPD AND LIFE INSURANCE WEB
ONLY
CONTRACTS:
INJURY CLAIMS LIMITING EXPOSURE
TUESDAY, 27 AUGUST 2019 $490 TUESDAY, 10 SEPTEMBER 2019 $490
9.00AM TO 1.15PM (AEST) Live from QLD WEB198Q03 2.00PM TO 5.15PM (AEST) Live from VIC WEB199V02
There are cutting edge strategies to this burgeoning area of The success of any construction project can depend on the how well
personal injury law. Gain essential information regarding policies, parties manage risk during the project’s lifecycle. Keeping up to
contracts, and insurance payments. You’ll also delve into the date with latest developments and trends on construction clauses
medical perspective with two highly regarded specialists in the is a challenge that your clients expect you to handle. This advanced
field. Maximise your success in this niche field and attend this seminar arms you with timely info and practical strategies to deal
seminar. There will be consequences if you don’t. with important changes and difficult areas of risk.
Chair: Keith Howe, Barrister, Level 10 Inns of Court Chair: Catherine Bell, Partner, Colin Biggers & Paisley Lawyers,
Navigating Section 54 Insurance Contracts Act and Disability Policies Recommended Construction & Infrastructure Litigation Lawyer Doyle’s
·· Understanding the purpose of s.54 and its application by guided case Guide 2019
reviews ACL Claims and General Liability of Limitations Clauses:
·· Applying the principles of s.54 to disability policies with working Answering the Difficult Questions
examples ·· Does the ACL provide a remedy for contractors who seek to avoid the
·· Identifying potentially far reaching consequences of s.54 contractual limitation of liability and time barring provisions? Brighton
ȿȿ Presented by Rebecca Nichols, Barrister, More Chambers Australia Pty. Ltd. v Multiplex Constructions Pty. Ltd [2018] VSC 426
·· What potential remedies are available to a contractor once limitation
Non-Disclosure and Misrepresentation in Life Insurance provisions are removed?
·· An overview of the law under the Insurance Contracts Act 1984 (Cth), ·· When might the facts warrant making an ACL claim?
pre and post 28 June 2014 ȿȿ Presented by Bill Papastergiadis, Managing Partner, Moray & Agnew
·· An analysis of some of the existing controversies in the remedy
provisions of the legislation Security for Performance: Crucial Developments Affecting Rights
·· How non-disclosure and misrepresentation applies to life insurance to Recourse
contracts held under group superannuation policies ·· Trips and traps: banks’ ‘new’ wordings for unconditional bank
ȿȿ Presented by Phil Nolan, Barrister, Quay 11 Chambers guarantees – no longer ‘as good as cash’
·· Current market conditions: driving changes in contractual provisions
Tax, Super and Centrelink Implications After Insurance Payment governing recourse
·· Tax: understanding how payments will be taxed and what strategies ·· Recent developments in relevant case law and the takeaways for your
can minimise or defer tax clients or organisation
·· Super: how payments interact with the claimant’s super balance and ȿȿ Presented by St John Frawley, Partner, Thomson Geer; Recommended
the strategies available to ensure optimal outcomes Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2019
·· Centrelink: learn about the impact of a payment on Centrelink and how
to protect entitlements The Penalties Doctrine Post-Paciocco: Implications for Liquidated
·· Tips for lawyers guiding their clients once a claim has been approved Damages Regimes
ȿȿ Presented by Jane Campbell, Principal, Aeran Pty Ltd The much-anticipated decision of the High Court in ANZ Bank v Paciocco
[2016] HCA 28 re-affirmed the penalties doctrine in Australia. Three
The Banking Royal Commission: What it Means for Superannuation years on, we look at how the Paciocco decision has been applied
Insurance Claims by Injured Consumers and consider the implications for liquidated damages regimes in
·· The important role of TPD and income protection insurance in construction contracts.
superannuation for workers with injury and illness, and the legal issues ȿȿ Presented by Anna Scannell, Partner, Maddocks; Recommended Construction
to be aware of in administering these claims & Infrastructure Litigation Lawyer, Doyle’s Guide 2019
·· Commissioner Hayne’s recommendations on superannuation and
insurance, which, if implemented, should improve consumer’s legal Who has Management Control? Workplace Health and Safety
rights for decades to come, particularly regarding claims handling and Responsibility Under the Contract
remedies for non-disclosure ·· OHS, WHS and OSH: Do the controls vary around Australia?
ȿȿ Presented by Josh Mennen, Principal Lawyer, QLD Super and Insurance ·· What happens when there is a change in the life of the contract?
Department, Maurice Blackburn Lawyers ·· How to effectively deal with the different phases of the project
·· Who is really in control of the construction project?
THE MEDICAL PERSPECTIVE ·· Jurisdictional differences
·· Examples clauses
An Overview of Neuropsychology and Psychiatry in TPD
·· How to ensure you’re protected when safety issues emerge
·· Assessment of cognitive impairment in the context of evaluation of
ȿȿ Presented by Greg McCann, Partner, Colin Biggers & Paisley Lawyers;
TPD
Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2019;
·· Separating organic from non-organic presentations
Best Lawyers 2019, Occupational Health & Safety Law
·· Predicting recovery
·· Emergency service workers
ȿȿ Presented by Debbie Anderson, Clinical Neuropsychologist and
Dr Leon Turnbull, Psychiatrist
4 ATTEND AND EARN 3 ATTEND AND EARN
3.5 CPD points in Competency Area 4: Substantive Law 3 CPD points in Competency Area 4: Substantive Law
0.5 CPD points in Competency Area 2: Professional SkillsFace to Face Live Online On Demand Recordings 07
7
WEB
ONLY
WORKPLACE LAW SYMPOSIUM
FRIDAY, 6 SEPTEMBER 2019 $870
9.00AM TO 5.15PM (AEST) Live from NSW WEB199N10
Workplace misconduct and the legal implications are ever changing. New whistleblowing laws, changing trends in bullying and harassment,
evolving biometric, social media and privacy issues; the list goes on and on. Catch up on the latest in each of these critical areas in the morning
and then delve into crucially important contractual issues in the afternoon.
Chair: Judith Healy, Partner, JH Law
Managing Workplace Conflict Effectively: Skills, Processes and Tips
SESSION 1: EFFECTIVELY MANAGING EMPLOYEE AND
·· Workplace conflict under the microscope: What is the nature and
EMPLOYER MISCONDUCT causes?
9.00AM - 1.15PM WEB199N10A $490 ·· Strategies to manage misconduct and other workplace conflict
·· 4 Models of early intervention and resolution: facilitation, mediation,
conciliation, negotiation
Calling out Wrongdoers: New Whistleblowing Laws ȿȿ Presented by Elizabeth Devine, Principal, Solicitor and Workplace Relations
The whistleblower protection provisions of the Corporations Act have had Consultant, Devine Law at Work
a major overhaul, but do they make whistleblowing too hard?.
·· Critical insights regarding the new whistleblowing protections in the
Corporations Act and the Taxation Administration Act SESSION 2: KEY CONTRACT ISSUES
·· The significant role of legal practitioners and in-house counsel: your
obligations and key responsibilities
2.00PM - 5.15PM WEB199N10B $490
·· Complexities with anonymity
ȿȿ Presented by Elizabeth Ticehurst, Director, Workplace & Employment Law,
KPMG; Accredited Specialist in Employment & Industrial Law Flexible Work Arrangement Contracts: Practical Answers to Pressing
Questions
Workplace Bullying and Managing Sexual Harassment Claims: ·· Examine flexible work and explore the vital issues
Reputation, Reporting and Managing Workplace Culture ·· Should flexible work be addressed in contracts and if so how?
·· Vital insights you need to know on the bullying provisions of the Fair ·· Guidelines on when flexible work can be refused
Work Act and sexual harassment provisions of the Sex Discrimination Act ·· The recourse available
·· The ramifications of the prevalence of bullying and sexual harassment ȿȿ Presented by Brooke Pendlebury, Principal, Pendlebury Workplace Law
claims
·· The limitations of the current bullying and discrimination jurisdictions Does the Implied Term as to Reasonable Notice Still Have a Role?
·· Cultural issues giving rise to claims ·· Most recent caselaw says that the implied term requiring reasonable
·· Managing workplace culture to minimize costly claims and far-reaching notice of termination is not implied into an employment contract
reputational damage where a period of notice is prescribed by an applicable award or
·· Law reform solutions being considered by the Australian Human Rights statute
Commission enquiry into Sexual harassment ·· Given that a minimum period of notice is prescribed by the Fair Work
ȿȿ Presented by Alexandra Grayson, Principal Lawyer, Maurice Blackburn Lawyers; Act for virtually all Australian employees, those authorities suggest
Leading Employment Lawyer (Employee & Trade Union Representation), Doyle’s that the implied term as to reasonable notice is effectively redundant
Guide 2019 ·· However, a few recent decisions suggest that some Australian judges
do not accept that position
Biometric Technology: Are Fingerprints, Eye Scanners and Face and ·· Stay up to date with this developing area of employment law
Voice Authentication Infringing on the Privacy of Workers?
ȿȿ Presented by Paul Moorhouse, Barrister, Frederick Jordan Chambers
·· A brave new world: evolving use of technology in the workplace
·· Technology and the employer prerogative: What is reasonable and Mastering Post-Employment Restraint of Trade Agreements:
lawful? Drafting and Enforcing
·· The Fair Work Commission decision in Jeremy Lee v Superior Wood Pty ·· The key principles to consider that affect enforcement
Ltd [2019] ·· Recent cases and how they shape what you should and shouldn’t be
·· Essential guidelines for employers implementing biometric technology doing
ȿȿ Presented by Michael Byrnes, Partner, Swaab ·· Practical drafting tips and examples to avoid pitfalls
ȿȿ Presented by David Cross, Partner, Norton Rose Fulbright Australia;
Employee Social Media Use in the Spotlight: Football Writers, Football
Recommended Employment Lawyer (Employer Representation), Doyle’s Guide
Players and Political Footballs
2017
·· Wallabies versus welders: How does an employee’s public profile affect
an employer’s ability to control social media use?
·· What is #FreedomOfPoliticalCommunication and what does it mean for
employers and employees?
·· How employers are effectively managing complications arising from
social media use
ȿȿ Presented by Angus Macinnis, Senior Lawyer, StevensVuaran Lawyers
6 ATTEND THE FULL DAY AND EARN
6 CPD points in Competency Area 4: Substantive LawWEB
ONLY
FAMILY LAW: ADVANCED INTERDISCIPLINARY
AND PROPERTY ISSUES
TUESDAY, 10 SEPTEMBER 2019 $870
9.00AM TO 5.15PM (AEST) Live from NSW WEB199N13
Financial and property settlements can be anything but straightforward. Many involve the dividing up of complicated business, corporate
and trust structures in addition to interdisciplinary crossover with issues such as Division 7A and other tax concerns. The Family Court’s current
approach to these structures and related assets can be equally complex. This important and comprehensive conference gives you a practical
and informative view of these issues, empowering you with the correct information to give the very best advice to your clients.
SESSION 1: TAX, SMSFS AND TRUSTS IN PROPERTY SESSION 2: THE TREATMENT OF PROPERTY
SETTLEMENTS IN FAMILY LAW
9.00AM - 1.15PM WEB199N13A $490 2.00PM - 5.15PM WEB199N13B $490
Chair: The Hon. Peter Rose AM QC, Arbitrator, Mediator and Conciliator Chair: Melinda Winning, Partner, Barkus Doolan; Leading Family &
Divorce Lawyer, Doyle’s Guide 2019
What the Family Court Doesn’t Realise about Unrealised Tax Liabilities
and What You Should Know Treatment of Inheritance, Particularly Post Separation
·· Franking credits and retained profits: an asset or liability and what to do ·· Treatment of inheritances received during a relationship
·· Div 7A loan agreements: Do they make future tax liabilities invisible in ·· Treatment of inheritances received after a relationship breakdown
Family Law matters? ·· Prospective inheritances
·· Can you ‘value’ an unrealised capital gains tax liability and should it be ȿȿ Presented by Catherine Spain, Barrister, Waratah Chambers; Recommended
recognised by the Family Court? Family Law Junior Counsel, Doyle’s Guide 2019
ȿȿ Presented by Nick Gaudion, Director Forensic Accounting, Cutcher & Neale
Insurance and Family Law Settlements: Processes, Procedures and
A Guide to Tax Issues for Property and Financial Settlements Strategies
·· 3rd party loans and the ability of the Family Court to make orders to ·· Adjusting for pending applications
transfer tax debt (or other debts): Commissioner of Taxation v Tomaras ·· Adjusting for insurance payouts made during the marriage: Which
[2018] HCA 62 proportion of the payment should be deemed a contribution by the
·· Div 7A impacts of financial settlements party receiving the insurance?
·· CGT and Stamp Duty exemptions ·· Defining the different types of insurance payouts: total and permanent
·· Small business restructuring: alternatives to family law rollover disability claims, personal injuries claims, workers compensation claims
ȿȿ Presented by Chris Ardagna, Partner – Tax Consulting, Pitcher Partners and income protection claims
·· Determining contribution elements when litigation claims are settled
Practical Guidance on Discretionary Trusts and Child Maintenance as opposed to determined by a judgment
Trusts ȿȿ Presented by Glenn Thompson OAM, Partner, Newnhams Solicitors; Accredited
Examine some of the key considerations related to Div 7A loans from trust Family Law Specialist; Leading Family & Divorce Lawyer, Doyle’s Guide 2019
to beneficiaries, company to shareholders and between third parties so
that you’ll have the answers to your clients’ questions regarding these When the World Collides: Bankruptcy Impact on Family Court
potentially complex issues. Proceedings Under S60 of the Bankruptcy Act
ȿȿ Presented by Rose Lockie, Partner, Gadens; Accredited Family Law Specialist; Analyse case law applying a stay on family law proceedings under s60
Leading Family & Divorce Lawyer, Doyle’s Guide 2019 of the Bankruptcy Act where a party applying for family law orders is
made bankrupt while those proceedings are on foot so that you’ll know
SMSFs: Issues to Consider Pre-Relationship, at Separation precisely how to deal with these important situations when they arise.
and on Property Settlement on Divorce ȿȿ Presented by Andrew Combe, Barrister, Third Floor Wentworth Chambers
·· Issues to consider pre-relationship
--Superannuation is property of a marriage or defacto relationship Kennon Adjustment: Domestic Violence and Property Settlement in
under Part IIIVB of the Family Law Act 1975 Relationship Breakdown
--Financial agreements pre-relationship (pre-nup) ·· What is the evidentiary burden involved in running this argument?
--Practical tips ·· Australian Law Reform recommendations
·· Issues to consider immediately on separation ·· Family Court Full Court of Appeal: recent decisions
--Liability as trustee ȿȿ Presented by Neil Jackson, Barrister, Frederick Jordan Chambers
--Binding death benefit nominations
·· Issues to consider in property settlement and divorce
--Valuation of SMSF assets
--Nature of assets
--Indemnities
--Third parties in SMSFs
--Binding death benefit nominations
ȿȿ Presented by Peter Bobbin, Principal, Argyle Lawyers
6 ATTEND THE FULL DAY AND EARN
6 CPD points in Competency Area 4: Substantive LawFace to Face Live Online On Demand Recordings 09
9
WEB
ONLY
LEGAL ISSUES FOR THE FILM AND 12TH
TELEVISION INDUSTRY ANNUAL
WEDNESDAY, 11 SEPTEMBER 2019 $870
9.00AM TO 5.15PM (AEST) Live from NSW WEB199N14
At this highly specialised industry conference take time to truly understand the most current and key film and television law issues. Split up into
two practical sessions, the morning’s focus on legal content explores the dealing with new digital platforms, defamation parameters and new
policy trends. The afternoon examines production issues with a specific focus on employment, finance and tax. Each of these urgent and topical
legal issues will be broken down for you to ensure that your current and future projects will be built upon a sound legal foundation. Bring yourself
up to date with important legal issues all while staying at the cutting edge of industry trends.
SESSION 1: CONTENT: THE LEGAL ISSUES SESSION 2: EMPLOYMENT, TAX AND FINANCING IN
PRODUCTION
9.00AM - 1.15PM WEB199N14A $490 2.00PM - 5.15PM WEB199N14B $490
Chair: Grant McAvaney, Chief Executive Officer, Australian Copyright Chair: Georgina Waite, Head of Business Affairs, Australian
Council Broadcasting Corporation
New Platforms and New Rights: Understanding the New Media #MeToo and Responding to Sexual Harassment: Culture,
Environment Compliance, and Practice
·· Dealing with SVOD and TVOD platforms ·· What does the law require?
·· Issues to consider when licensing IP rights for film and television ·· What practical steps can organisations take to ensure compliance?
·· Update on the ACCC’s review into digital platforms and the Australian ·· Does the Industry’s Code of Conduct provide the solution?
and Children’s Screen Content Review ·· Does an organisation need a formal complaint before it can act?
ȿȿ Presented by Nick Cole, Principal, Cole Media & Entertainment Law ·· Tips for managing complaints and inappropriate workplace conduct
ȿȿ Presented by Amber Sharp, Partner, Bartier Perry Lawyers; Recommended
Defamation: Current Approach to Defamatory Content Employment Lawyer, Doyle’s Guide 2019
·· Recent cases and #MeToo
·· Checklist: what to do when you get a demand letter ‘Help! My Next Job’s an Offshore Production’: A Guide to What You’ll
·· Defamation law reform: what’s on the table Need to do and Issues You’ll Face along the Way
ȿȿ Presented by Lyn Kemmis, Senior Legal Counsel, Special Broadcasting Service ·· Contracting including creatives, cast and crew
·· Foreign and Australian guilds
Legal and Practical Aspects of Music Licensing for Film and Television ·· The role of the studio
·· Publishing rights vs master recording rights ·· Specific production issues
·· Licensing fees: How are these calculated? ȿȿ Presented by Janine Lapworth, Sole practitioner, Janine Lapworth
·· ‘Most Favoured Nations’ (MFN): What does this mean?
·· Blanket licences: APRA/AMCOS, ARIA and PPCA How to Optimise Offsets in the Production
·· Dealing with several complex scenarios ·· Refresher on the Australian Screen Production Incentive 12 years after
ȿȿ Presented by Steve Rosser, Consultant Solicitor, Media Arts Lawyer
inception: location, PDV and producer offsets
·· Specific rules relating to producer offset: eligibility, significant
Maximising Screenrights Opportunities Australian content, eligible formats
·· How the licences generate revenue for rightsholders? ·· Traps for new players: reinvestments, marketplace attachments, tax
·· How to maximise educational royalties and other revenue? consolidation
·· How Screenrights can assist filmmakers? ·· Recent trends/developments
ȿȿ Presented by James Dickinson, Chief Executive, screenrights
·· Lender expectations/terms of trade
·· Utilising co-production structures to maximise soft money
Key Industry Issues, Priorities and Perspectives ·· International soft money: developments and comparisons
Panel discussion on key industry issues, priorities and perspectives. ȿȿ Presented by Rebecca Hardman, Head of Legal and Business Affairs
·· Whether ACCC Digital Platforms Inquiry should be (Australia), See-Saw Films
·· Australian content: the value of quotas and potential quotas for online
platforms (e.g. Netflix or YouTube) or for public broadcasters Production Cash Flow in a Structured Framework
·· Film/TV Incentives: changes to the location/PDV Offset and the shift ·· Customary types of funding and business models for production
towards television: What impact will this have on local production? companies
ȿȿ Moderated by Sonia Borella, Director, Borella Buchanan, Consultant, Simpsons
·· Cash-flowing rebates and sales
Solicitors ·· Risk analysis/mitigation
·· Agreement types
ȿȿ Panellists:
·· Security: contracting and registration of security
Pravin Menon, Director - Policy and Government Relations, Screen Producers
ȿȿ Presented by Mark Bamford, Partner, Simpsons; Recommended Technology,
Australia
Media & Telecommunication Lawyer, Doyle’s Guide 2018
Debra Richards, CEO, Ausfilm
Nina Stevenson, Partner, Macleay William
6 ATTEND THE FULL DAY AND EARN
6 CPD points in Competency Area 4: Substantive LawMIGRATION AGENTS
CAN EARN 2 CPD POINTS
MARA APPROVAL NUMBER: SM427
MIGRATION LAW: USERS OF ROAD TRANSPORT
WEB
ONLY
CRITICAL VISA CHANGES WEB
ONLY
AND LOGISTICS: LEGAL
AND UPDATES CONCERNS
TUESDAY, 3 SEPTEMBER 2019 $490 TUESDAY, 27 AUGUST 2019 $490
9.00AM TO 1.15PM (AEST) Live from NSW WEB199N02 2.00PM TO 5.15PM (AEST) Live from QLD WEB198Q02
Examine the most pressing migration law topics impacting you New Chain of Responsibility (CoR) legislation and the relatively
right now, including the latest changes to sponsored parent, new small business unfair contract laws have broad ramifications
partner and family sponsored visas. Don’t miss out on critical for the road transport and logistics industry. Hear the approach
updates on business sponsorship applications and developments taken by the Regulator since assuming responsibility for the
in TSS nominations and visas, the new skilled regional provision investigation of primary duties offences under the Heavy Vehicle
visa and how character issues are becoming increasingly National Law (HVNL) while the rest of our panel of experts guild
important. you on the wide ranging impact of these regulatory reforms.
Chair: Rola Hijwel, Principal Solicitor, Hijwel Migration Lawyers; Chair: Brenda Gallagher, Principal, Supply Chain Unlocked
Accredited Specialist in Immigration Law
Important Changes to Sponsored Parent Visa 870, Partner Visas and LEGAL, INDUSTRY AND REGULATORY PERSPECTIVES
Family Sponsored Visas
Chain of Responsibility – 10 Months on and the Heavy Vehicle
·· Visas requiring family sponsorship as a key criterion National Law Review - the Next Frontier
·· Legal and sponsorship requirements and policy, for the new sponsored
Since the introduction of Chain of Responsibility legislation in
parent visa
October last year, the Regulator has assumed responsibility for
·· Compare the new temporary sponsored parent visa to the existing
parent and aged parent visa program directly investigating primary duties offences under the HVNL to look
·· Sponsorship requirements under the partner visa program beyond the driver and, where possible, at 3rd party logistic/transport
companies to enforce the new law. Hear the approach taken by the
·· Practical considerations and how they will affect your clients
Regulator to enforce this new regime. This session will also consider the
ȿȿ Presented by Ladan Omidvar, Senior Solicitor, Playfair Visa and Migration
parameters of the HVNL review.
Services
ȿȿ Panellists:
Essentials of the New Skilled Regional Provisional Visa Gillian Bristow, Legal Practitioner Director, Bristow Legal
·· Practical guide to Skilled Employer Sponsored Regional (Provisional) Ray Hassall, Executive Director, Statutory Compliance, National Heavy Vehicle
(subclass 494) visa Regulator
·· Essentials of the Skilled Work Regional (Provisional) (subclass 491) visa Joe Lopino, Executive Director, Australian Furniture Removers Associations
·· Understanding the purpose and requirements of the visas
·· Exploring pathways to permanent visas Transport Contracting and Small Business Unfair Contract Rules
ȿȿ Presented by Richard Hardy, Special Counsel, Salvos Legal; Accredited Transport and logistics contracting is a peculiar beast, influenced equally by
Specialist in Immigration Law established internation commercial and liability regimes and domestic law and
regulation. Tension can arise between the two forces, in particular in the area of
Business Sponsorship Applications: Obligations, Compliance and liability. The relatively new small business unfair contract laws are a fresh example
Updates of this tension. The transport and logistics sector has already found itself a major
·· A guide to core eligibility criteria for Standard Business Sponsorship focal point, with court decisions and ACCC intervention having already occurred in
and Overseas Business Sponsorship this space. This session will discuss:
·· Dealing with the accredited sponsorship requirements and benefits ·· The transport and logistics contracting environment
·· Understanding business sponsorship obligations and other compliance ·· The ‘good bits’ in transport and logistics contracts that may be the ‘bad
considerations bits’ under unfair contract laws
·· The latest developments in TSS nominations and visas ·· The court’s view: JJ Richards & Sons
ȿȿ Presented by Cherie Wright, Special Counsel, Fragomen; Accredited Specialist
·· The ACCC’s view: DP World, Hutchison Ports & VICT
in Immigration Law ·· Strategies to avoid falling foul of the laws
ȿȿ Presented by Nathan Cecil, Partner, Holding Redlich; Recommended Admiralty,
Understanding the Current Political Climate and the Impact on
Migration Law Shipping & Maritime Lawyer, Doyle’s Guide 2019
·· What has changed since the Morrison government was brought back
Transport and Warehousing Contracts: What’s New and Trending?
to power?
·· What will this mean for employers and businesses? The CoR reforms in October 2018 have resulted in many supply chain participants
·· Global Talent Scheme and the proposed 5000 places for innovation seeking to enter into lengthy and complex transport and warehousing contracts.
·· The push towards regional migration, under the microscope This session will discuss:
ȿȿ Presented by Navpreet Kanwar, Senior Associate, Ajuria Lawyers
·· The influence of the CoR reforms on contractual terms, including
compliance assurance conditions
Character Focus: A Guide to Litigation under Section 501 of ·· Management of risk allocation under long term contracts
Migration Act ·· Industry trends towards outsourcing transport and warehousing
·· Insights on what the law says functions
·· Practical application that you need to know ·· How Insurance contracts in Australia have transformed to meet the new
·· Essential strategies for dealing with notices risks
·· AAT/Federal Court ȿȿ Presented by Gillian Bristow, Legal Practitioner Director, Bristow Legal and
ȿȿ Presented by Raymond Turner, Solicitor and Migration Agent, Turner Coulson Barton Phillips, Head of Transport & Logistics, Berkshire Hathaway Specialty
Immigration Lawyers Pty Limited; Accredited Specialist in Immigration Law Insurance
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD points in Competency Area 4: Substantive Law 3 CPD points in Competency Area 4: Substantive LawFace to Face Live Online On Demand Recordings 11
WEB
ONLY
10TH WATER SYMPOSIUM: MANAGING LEGAL
AND REGULATORY RISK
FRIDAY, 18 OCTOBER, 2019 $870
9.00AM TO 5.15PM (AEST) Live from NSW WEB1910N01
Australia is the driest inhabited continent on Earth and among the world’s highest consumers of water. Amongst OECD nations Australia is
ranked fourth-highest in water use per capita. Only 6 per cent of Australia’s runoff was in the Murray-Darling Basin where 50% of Australia’s
water use occurs. These are not just statistics to rattle off, but for the water industry it’s part of the reality of ensuring compliance with the rules
when doing business. Enhance and deepen your understanding of what has occurred in the wash up of the Royal Commission into the Murray
Darling Basin and get up to speed on the latest developments in access to water regulation and enforcement of water rights.
SESSION 1: WATER ACCESS. THE MURRAY-DARLING SESSION 2: REGULATION, ENFORCEMENT AND CLIMATE
BASIN AND THE LEGAL LESSONS LEARNED FROM THE CHANGE
SOUTH AUSTRALIAN MURRAY-DARLING BASIN ROYAL
1.20PM - 5.15PM WEB1910N10B $490
COMMISSION
9.00AM - 12.20PM WEB1910N01A $490 Chair: Claire Smith, Partner, Clayton Utz; Best Lawyers 2018-2019
Water Lawyer of the Year
Chair: Mike Young, Professor of Water and Environmental Policy, NSW Water Law and Policy: A System Operator’s Perspective
University of Adelaide
ȿȿ Presented by Dr Madeleine Hartley, Regulatory & Corporate Strategy Adviser,
Keynote Presentation: What Does A State of the Art Water Allocation Water NSW; 2019 Corporate Counsel Awards Government Lawyer of the Year
and Management System Look Like? What Would Bring the M-DB to
This Frontier? Regulating Access to Water: Role and Function of the Natural
ȿȿ Presented by Mike Young, Professor of Water and Environmental Policy, University
Resources Access Regulator (NRAR)
of Adelaide ·· The policy drivers for an independent water regulator in NSW
·· The role and functions of NRAR
Murray-Darling Basin: The Royal Commission Report and Moving ·· NRAR’s approach to achieve best practice water regulation
Forward ·· Key achievements since NRAR’s inception
·· What is an ‘environmentally sustainable level of take’ from the water ȿȿ Presented by Illona Millar, Special Counsel, Baker McKenzie; Best Lawyers 2019,
resources of the Murray-Darling Basin? Climate Change and Nina Lucas, Senior Legal Officer, Natural Resources Access
·· Government funded water efficiency schemes: Have billions of dollars Regulator
been wasted?
·· Meaning of ‘supply measures’ and ‘environmental equivalency’ and their Using Water Smarter: Water Security in the Face of Climate Change
relationship to ‘fish kills’ ·· What’s the picture for water supply in the face of climate change
·· What is being done on river ‘constraints’? ·· What are the barriers to improving water efficiency and recycling?
·· The Basin Plan and climate change risks ·· How can households and businesses be part of the water security
·· The ‘best available scientific knowledge’ and the way forward solution?
ȿȿ Presented by Richard Beasley SC, Senior Counsel Assisting the Commission ȿȿ Presented by Justin Field Independent Member, NSW Legislative Council
Pathways to Water Sovereignty: Cultural Flows and First Nations’ Are Our Water Laws Climate-Ready?
Water Rights ·· Are water laws in Australia equipped to deal with increasing water
·· First Nations’ water values and knowledge scarcity?
·· Indigenous-led research to inform water management ·· Incorporating Water into the adaptation component of nationally
·· A platform for policy and legal reform determined contributions (NDCs) under the Paris Agreement
ȿȿ Presented by Rene Woods, Chair and Will Mooney, Executive Officer, Murray ȿȿ Presented by Dr Emma Carmody, Senior Solicitor, EDO NSW; Best Lawyers
Lower Darling River Indigenous Nations (MLDRIN) 2019, Planning and Environment Law
ȿȿ Commentary by Dr Bruce Lindsay, Lawyer, Environmental Justice Australia
Water Rights and the Application of the Decision of Gloucester
Resources Limited v Minister for Planning
Modern Approaches to Regulating Groundwater Impacts from Mining
The consequences for water policy and decision making in light of the
·· State and Federal examples of conditions regulating ground water decision of Gloucester Resources Limited v Minister for Planning [2019]
impacts from mining NSWLEC7.
·· Technical issues with regulating ground water impacts ȿȿ Facilitator: Claire Smith, Partner, Clayton Utz
·· Relevant court cases
ȿȿ Panellists:
·· An analysis of groundwater conditions in the recent Commonwealth
approval of the Adani Carmichael Mine Professor Rosemary Lyster, Professor of Climate and Environmental Law,
Director, Australian Centre for Climate Change and Environmental Law,
ȿȿ Presented by Simon Ball, Partner, MinterEllison, Recommended Town Planning
University of Sydney
and Development Lawyer, Doyle’s Guide 2019
Richard Beasley SC, Level 9 Wentworth Chambers
David Morris, Chief Executive Office, Environmental Defenders Office
Closing Address: The Future of Water Policy and Regulation
ȿȿ Presented by Bret Walker SC, Fifth Floor St James’ Hall; Royal Commissioner,
South Australian Murray-Darling Basin Royal Commission
6 ATTEND THE FULL DAY AND EARN
3 CPD points in Competency Area 4: Substantive Law
3 CPD points in Competency Area 2: Professional SkillsOPEN TO INTERPRETATION: A
INFORMATION LAW FOR WEB
ONLY
STATUTORY INTERPRETATION
GOVERNMENT MASTERCLASS
TUESDAY, 17 SEPTEMBER 2019 $490 TUESDAY, 3 SEPTEMBER 2019 $490
2.00PM TO 5.15PM 199W04 2.00PM TO 5.15PM (AEST) Live from NSW WEB199N03
Is privilege lost when shared within government? Who can The statutory interpreter is the medium through which words,
waive the privilege? When is confidentiality the exception to the and their intention, are decrypted. Join our statutory wordsmiths
disclosure rule? What information can I release to the public? for an examination of the key principles of context, intent, and
Government lawyers are faced with a raft of special rules and purpose, along with the interpretation of challenges surrounding
obligations surrounding information, and rightly so. As holders extrinsic materials and delegated legislation. Join it all together
of critical data, personal details and security information, it is in a practical workshop and walk away with an abundance of
government’s duty to protect it. Gain clarity on exactly what your confidence. Knowledge is power and you will leave with the latest
obligations are so that you don’t make a mistake you’ll regret. know-how on statutory interpretation.
Chair: Francis Douglas QC, Tenth Floor Chambers
Chair: Catherine Fletcher, Acting Information Commissioner for WA
Purpose, Context and Structure: How Does it All Fit Together?
Competency Area 3: Ethics & Professional Responsibility ·· Understanding the critical role of purpose, context and structure of
To Produce or Not to Produce: What are Your Obligations? legislation in statutory interpretation
·· Obligations with respect to production of documents by government ·· The effect of the nature of the legislation and the audience to whom it
departments pursuant to court and statutory orders is directed
·· Reasons not to produce: privilege, cabinet in confidence and privacy ·· How application of the same legislation to the same facts can lead to
·· Case examples: Responding to orders under section 58 of the significantly different judicial outcomes
Terrorism (High Risk Offenders) Act 2017, s. 25 of the Crimes (High Risk ·· A summary of recent cases involving statutory interpretation and the
Offenders) Act 2006, and Schedule 1 of the Mental Health (Forensic key takeaways for your practice
Provision) Act 1990 ȿȿ Presented by Ian Latham, Barrister, Denman Chambers
Presented by Dr David Cox, Barrister, Francis Burt Chambers
Legislative Intent: Key Principles for Your Consideration
Competency Area 2: Professional Skills ·· Constitutional contours of statutory interpretation
Information Release: FOI and Privacy Considerations ·· Objective intention versus subjective intention
·· Reading down
·· To other government departments
ȿȿ Presented by Dr Shipra Chordia, Barrister, New Chambers
·· To next-of-kin
·· To the public
A Guide to the Use of Extrinsic Materials in Statutory Interpretation
·· When is use and disclosure of personal information impliedly
·· A review of what extrinsic material can be considered
authorised?
·· An examination of when you can have regard to it: the traditional
·· FOI release of decision-maker names
approach and the ‘modern approach’
Presented by Matthew Pudovskis, Barrister, Francis Burt Chambers
·· An analysis of recent examples where the courts have used extrinsic
material to aid with interpretation
Competency Area 1: Practice Management
ȿȿ Presented by Chantal Tipene, Partner, Sparke Helmore; Accredited Specialist in
Minimising the Impact of the Inevitable Data Breach: What
Government and Administrative Law
Government Departments and Agencies Should and Must Do
·· Obligations to protect and manage data, including personal Delegated Legislation: Who Drafts it and Why Does it Matter?
information ·· An overview of the role of the Parliamentary Counsel’s Office in the
·· How departments and agencies must and should respond to data development of delegated legislation
breaches ·· How principles of interpretation are applied in the drafting process
·· What we can learn from recent government data breaches in Australia ·· A discussion of the importance of the professional legislative drafter
and overseas
ȿȿ Presented by Jessica Chanin, Senior Assistant Parliamentary Counsel
·· Best practices for departments and agencies in preventing, responding
(Programs), NSW Parliamentary Counsel’s Office
to and mitigating data breaches
Presented by David Yates, Partner, Corrs; President, Data Management Practical Problem Solving Workshop
Association (WA); Best Lawyers 2019, Intellectual Property A practical guide to identifying the issues by working through a
statutory problem, opportunity for discussion, essential guidance and
commentary.
ȿȿ Presented by Brenda Tronson, Barrister, Level 22 Chambers
ATTEND AND GAIN
POINTS IN YOUR
CPD CORE
COMPETENCY AREAS
3 ATTEND AND EARN 3 ATTEND AND EARN
1 CPD point in Competency Area 1: Practice Management 3 CPD points in Competency Area 2: Professional Skills
1 CPD point in Competency Area 2: Professional Skills
1 CPD point in Competency Area 3: Ethics & Professional ResponsibilityFace to Face Live Online On Demand Recordings 13
ADMINISTRATIVE LITIGATION ISSUES
WEB
ONLY
DECISIONS AND WEB
ONLY
FOR ALL GOVERNMENT
PUBLIC INQUIRIES LAWYERS
WEDNESDAY, 11 SEPTEMBER 2019 $490 WEDNESDAY, 11 SEPTEMBER 2019 $490
9.00AM TO 1.15PM (AEST) Live from VIC WEB199V04 2.00PM TO 5.15PM (AEST) Live from VIC WEB199V05
Recent scrutiny and appeals to administrative decisions have As a government lawyer you may not litigate all day but that
raised questions over evidence, credibility and materiality. The doesn’t mean you aren’t dealing with matters in dispute, appeals of
frequency of Royal Commissions and Inquiries has created decisions or being required to prepare public sector witnesses – all
new challenges for administrative law practitioners. With an situations where putting a foot wrong is not only costly but can land
exceptional line-up of presenters, examine these highly topical you in very hot water. So what exactly do government lawyers need
issues and recent case law in administrative review. to be aware of should the need arise? Model litigant obligations,
privilege, preparing witnesses and misfeasance, just to name a
Chair: Rachel Walsh, Barrister, Douglas Menzies Chambers few. Hear an outstanding panel of public sector prosecutors on the
Issues of Evidence in Judicial Review Proceedings and Appeals absolute red flags if you get caught up in litigation.
·· The starting point for relevance: materials that were before the
decision-maker Chair: Christopher Horan QC, List G Barristers
·· When might other evidence be relevant? The Model of a Modern Government Litigant
·· Do different rules apply in judicial review proceedings in respect of e.g. ·· What justifies a requirement for government to litigate differently?
discovery? ·· What does being a modern model litigant require?
·· Evidence vs reasons for decision ·· Why does it matter and what can go wrong?
·· Evidence when the issue is a jurisdictional fact ·· At what points in litigation do these issues most often arise and require
·· Application of the rules of evidence at a hearing greater vigilance?
·· Some consideration of the issues as may arise on an appeal --First response and managing client expectations
ȿȿ Presented by Lisa De Ferrari SC, List A Barristers
--Knowing when and how to settle
ȿȿ Presented by Emily Nance, Senior Executive Lawyer, Australian Government
Errors in Credibility Findings: Lessons and Takeaways from Case Law
Solicitor
Adverse credibility findings are often at the heart of adverse decisions
of administrative decision-makers. Until relatively recently, attempts to Bound by Ethics: The Model Litigant as Prosecutor
impugn adverse credibility findings on a judicial review were often met ·· What it means to be fearless but fair; questions raised in a high profile
with the uniform response that credibility is a matter par excellence for case
the decision maker and is not amenable to judicial review. However, the ·· Ethics of presenting the case
fact that credibility is a matter reserved to an administrative decision- --Prosecution policies
maker to determine as a question of fact does not mean that challenges --The continuing role of Apostilides [1984] 154 CLR 563 and the
to credibility are not open. This session will explore recent decisions that Common Law
demonstrate the different ways in which such findings are susceptible to ·· The prosecutor’s role in sentencing
challenge and provide some guidance as to how such decisions might ·· Prosecutors as Ministers of Justice?
inform the presentation of a case before a primary decision-maker. ȿȿ Presented by Andrew Field, Managing Principal Solicitor, Victorian Government
ȿȿ Presented by Catherine Symons, Barrister, Young’s List Solicitor’s Office
Materiality as an Element of Jurisdictional Error Preparing Public Sector Witnesses Required to Give Evidence:
·· The High Court’s recent decisions in Hossain and SZMTA Guidance and Advice
·· Reconciling the High Court’s recent decisions with its previous decisions, A detailed guide to best practices for preparing a public sector witness
including SAAP to give evidence before:
·· Ascertaining the existence and nature of a threshold of materiality ·· A court
·· Particular issues with respect to proof of material breach of procedural ·· A Royal Commission
fairness ·· The Ombudsman or other integrity body
·· Relationship between materiality as element of jurisdictional error, and ·· Parliament
discretionary bases for refusal to grant relief ȿȿ Presented by Liam Brown, List G Barristers; Crown Counsel for the State of
ȿȿ Presented by Nick Wood, Barrister, List A Barristers Victoria
Royal Commissions and Inquiries Privileges Applying to Government
·· History and an update: Where are they all at? ·· Issues with legal professional privilege for government
·· Difference between Royal Commissions and Inquiries ·· Public interest immunity
·· Terms of reference ·· Executive privilege
·· Powers ȿȿ Presented by Edwina Smith, Barrister, List G Barristers
·· Reporting
·· End result Misfeasance in Public Office
ȿȿ Presented by Estelle Frawley, Barrister, Foley’s List ·· The key principles for this still emerging tort which can only be brought
against public officers
·· The leading and current misfeasance cases
·· Some tips and lessons from the cases for Government and its advisors
ȿȿ Presented by Dan Star QC and Roshan Chaile, Barrister, List A Barristers
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD points in Competency Area 4: Substantive Law 1 CPD point in Competency Area 4: Substantive Law
1 CPD point in Competency Area 3: Ethics & Professional Responsibility
1 CPD point in Competency Area 2: Professional SkillsYou can also read
