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Make the Wise Choice
Your Complete
CPD Guide
Choose the best CPD content
Choose in person, online or recorded
SOUTH AUSTRALIA
Choose the #1 CPD Provider FEBRUARY - MARCH 2021
EARLY BIRD DISCOUNT Register and Pay by 18 Dec 2020 and Save 30% off EverythingCONTENTS
10 POINTS IMMIGRATION LAW
10 Points in One Day 4 Immigration Law Symposium 19
ADMINISTRATIVE & PUBLIC SECTOR LAW INTELLECTUAL PROPERTY
Women in Public Law 6 Intellectual Property Symposium 21
Public Sector Governance in 2021 6 Intellectual Property: Commercialising IP and Licensing 24
Litigation Issues for All Government Lawyers 10
Decision Making: Reasons, Bias and Errors 28 LAW FOR NON LAWYERS
NDIS Law Conference 8
CORPORATE & COMMERCIAL
Property and Commercial Law Roundup 4 LITIGATION & DISPUTE RESOLUTION
In-House Counsel Conference 9 Advanced Evidence and Advocacy Masterclass 3
Contract Law Conference: Minimising Risks and Disputes 13 Litigation Issues for All Government Lawyers 10
Business Sales: Legal Issues & Risks 14 ‘How to’ Skills for Litigators 11
Commercial Litigation Conference 2021 15 Commercial Litigation Conference 2021 15
Mortgages: Enforcement, Collections & Critical Updates 20 Mortgages: Enforcement, Collections & Critical Updates 20
Insolvency & Debt Recovery in Response to COVID-19 Measures 26 A Practical and Comprehensive Guide to Arbitration 23
PPSA Fundamentals and Strategies 26 Class Actions: A Comprehensive Guide 29
SMSFs Masterclass 27 Mediation Masterclass: Positive Results for Pleased Clients 30
Contract Law Masterclass: Minimising Risk & Liability 28
Franchising Law: Updates, Disputes and Compliance 29 MEDIA & ENTERTAINMENT
Class Actions: A Comprehensive Guide 29 Film and TV Conference: Key Content and Production Issues 16
Shareholder Disputes and Valuations 30
Directors & Officers: Duties, Risks & Liabilities 31 MINING & RESOURCES
Discrimination and Adverse Action Claims 2021 31 Drafting Mining Agreements: Practical Intensive 17
CPD CORE AREAS NATIVE TITLE
CPD Compulsory Units Over Lunch, Over 3 Weeks 3 Native Title and Cultural Heritage Intensive 17
CPD Required Units for All Lawyers - 17 March 2021 4
CPD Compulsory Units for In-House Counsel 9 PERSONAL INJURY
CPD Compulsory Units for All Lawyers – 4 March 2021 10 NDIS Law Conference 8
CPD Compulsory Units for All Lawyers – 9 March 2021 11 Personal Injuries: 3 Strategies to Maximise Damages 23
CPD Compulsory Units for Litigators 15 Civil Claims for Institutional Abuse: Settlements, Stays & Damages 24
CPD Compulsory Units for All Lawyers - 13 March 2021 18 Total and Permanent Disability, Superannuation and Life 27
CPD Compulsory Units for Family Lawyers 19 Insurance Claims
CPD Compulsory Units for Lawyers and Migration Agents 19
PROPERTY LAW
Forensic Accounting for Lawyers: A Workshop 20
Property and Commercial Law Roundup 3
CPD Compulsory Units for IP Lawyers 21
Mortgages: Enforcement, Collections & Key Updates 20
CPD Compulsory Units for All Lawyers – 19 March 2021 22
CPD Compulsory Units for All Lawyers – 23 March 2021 25
WHS/ OHS
Health and Safety Law: Current Concerns 16
CRIMINAL LAW
Forensic Evidence in Traffic Matters 22
WILLS, ESTATES & ELDER LAW
Family, Wills & Estates, Trusts & Workplace Law 5
FAMILY LAW
Family, Wills & Estates, Trusts & Workplace Law 5
WORKPLACE & IR
Running Remote Family Law Hearings: Embracing the Future 7
Family, Wills & Estates, Trusts & Workplace Law 5
Family Law: SMSFs, Loans and Tax 7
Employment Law Symposium 12
Family Law Parenting & Children's Matters 7
Health and Safety Law: Current Concerns 16
Family Law Conference 17
WOMEN IN LAW
Women in Public Law 6
TERMS AND CONDITIONS
For Full Terms and Conditions and Privacy Policy please visit www.legalwiseseminars.com.au. Early bird offer: Register and pay by 18 December 2020 to receive the early bird price.
Live Online seminars and On Demand seminar recordings: Prices are per person viewing only. They may not be distributed to another person nor may they be used for group
viewings. Cancellation/Transfers: There is no cancellation, refund, transfer, change of the mode of delivery or credit available 2 business days or less of the date of the program.
Seminar recordings are non-refundable once purchased. All requests for cancellations and transfers prior to 2 business days of the program date should be in writing to info@
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the right to change the programs without notice and to cancel/postpone if required. Variation of Program: Legalwise Seminars intends to run all programs as advertised but reserves
the right to change the programs without notice and to cancel/postpone if required. If cancelled or postponed, we will offer a transfer or a full refund/credit. Privacy: Legalwise
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process your registration or enquiry, to contact you about products, services and events, and for internal purposes including for a list providing only the delegates’ name, job title and
company to be provided to all presenters prior to the event.CPD COMPULSORY ADVANCED EVIDENCE
UNITS OVER LUNCH, AND ADVOCACY
OVER 3 WEEKS MASTERCLASS
15 FEBRUARY, 22 FEBRUARY, 1 MARCH $405 FRIDAY, 26 FEBRUARY 2021 $770
12.30PM TO 1.30PM Live from NSW WEB212N01 8.30AM TO 4.45PM Live from NSW WEB212N08
Earn your CPD compulsory units for the year with this convenient, Master strategies for ensuring your expert evidence is admissible
efficient & practical lunchtime web series running once a week and for working with conclave and concurrent expert evidence.
at lunchtime and online. Explore disciplinary issues, conflicts of Consider admissibility issues in contract and tort disputes. Gain an
interests, negotiating a deal, & cyber threats. advanced refresher on implied waiver and inadvertent disclosure
of privileged material. Plus, learn valuable advocacy skills in
interlocutory and urgent applications, tactics around objections,
MONDAY, 15 FEBRUARY 2021
and finding success at mediation, all from some of Sydney’s
12.30PM - 1.30PM WEB212N01A $155 foremost advocates.
Chair: Lisa Gooneratne, Special Counsel, HWL Ebsworth Lawyers
SESSION 1: EVIDENCE MASTERCLASS
Practical Legal Ethics
Latest Disciplinary Issues and Lawyers Acting in Conflict of Interest
· Latest ethical principles and disciplinary actions: recent cases and 8.30AM - 12.45PM WEB212N08A $490
lessons to be learnt
· Conflict of interest for trustees, executors and directors: When should Chair: Dr. Mark Brabazon SC, 7 Wentworth Selborne Chambers
you take up the role? Why should solicitors consider taking up the role?
· Conflict of interest for solicitors concerning former clients Advanced Strategies for Admissible and Persuasive Expert Evidence
· Common scenarios and possible options to apply Presented by Gillian Mahony, Barrister, 8 Wentworth Chambers
Presented by Chris Ryall, Barrister, Maritime Chambers
Admissibility Issues in Contract and Tort Disputes
Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Selborne
MONDAY, 22 FEBRUARY 2021 Chambers
12.30PM - 1.30PM WEB212N01B $155 A Guide to Conclave and Concurrent Expert Evidence: Playing in the
Hot Tub
Chair: Lisa Gooneratne, Special Counsel, HWL Ebsworth Lawyers
Presented by Adam Butt, Barrister, 8 Wentworth Chambers
Professional Skills
Making a Deal: Negotiation Skills Practical Legal Ethics
· Tips, tricks or a strategic approach: planning your next negotiation Legal Professional Privilege and Implied Waiver: Guidance for the
· Tell her she is dreaming! Communication that works to achieve best Senior Practitioner
outcomes Presented by Vahan Bedrossian SC, Edmund Barton Chambers
· Whose side are you on anyway? Can a collaborative approach work?
· Ballroom or disco: understanding and making the most of the SESSION 2: ADVOCACY SKILLS FOR INTERLOCUTORY
bargaining ‘dance’ APPLICATIONS, OBJECTIONS & MEDIATION
· More or less, what does success look like when negotiating a deal
Presented by Steve Lancken, Mediator and Managing Director, Negocio 1.30PM - 4.45PM WEB212N08B $405
Resolutions; Leading Mediator, Doyle’s Guide 2019
Chair: Michael Finnane QC, Second Floor Wentworth Chambers
MONDAY, 1 MARCH 2021 Advocacy on Interlocutory and Urgent Applications for Practitioners
Presented by Anthony Cheshire SC, 8 Wentworth Chambers
12.30PM - 1.30PM WEB213N01C $155
Objections: Whether, When and How – Tactics and Temptations
Chair: Lisa Gooneratne, Special Counsel, HWL Ebsworth Lawyers
Presented by James Glissan AM ESM QC, H B Higgins Chambers
Practice Management or Business Skills
Cyber Resilience for Your Practice: Practical Strategies to Prevent Advocacy in Mediation: Objectives, Preparation, Presenting and
and Mitigate Cyber Attacks Closing the Deal
Cybercrime is predicted to lead to the biggest transfer of wealth in Presented by Mary Walker, Barrister, 9 Wentworth Chambers; Leading
human history, and in Australia cyber security incidents have been Mediator, Doyle’s Guide 2020
estimated to cost businesses up to $29 billion per year. Your legal
practice could be a target because you act on high value funds transfers,
or hold confidential and sensitive information. In this session you will
step through a five pronged approach to increasing your practice’s cyber
resilience by focusing on both prevention and mitigation strategies.
Presented by Simone Herbert-Lowe, Director, Law & Cyber
REGISTER FOR JUST THE 1-HOUR
LUNCHTIME SESSIONS THAT MATCH YOUR
INTERESTS OR BOOK ALL 3 AND SAVE
3
7 ATTEND ALL
THE THREE
FULL DAY
ANDAND
EARN
EARN 7 ATTEND THE FULL DAY AND EARN
1 CPD unit in Practical Legal Ethics 1 CPD unit in Practical Legal Ethics
1 CPD unit in Practice Management or Business Skills 6 CPD units in Professional Skills
1 CPD unit in Professional Skills 310 POINTS IN ONE DAY
WEDNESDAY, 17 MARCH 2021
7.30AM TO 6.30PM
Featuring 12 practical sessions & 16 leading experts this is the only program you need. Gain all your CPD points in one go while gaining the latest
SESSION 1: PROPERTY AND COMMERCIAL LAW ROUNDUP SESSION 2: CPD REQUIRED UNITS FOR ALL LAWYERS
7.30AM TO 10.30AM 213S01A $405 10.45AM TO 1.45PM 213S01B $405
Chair: Stephen Lendrum, Partner, Dentons; Leading Property & Real Chair: Wendy Jones, Partner & Head of Office, Dentons; Leading
Estate Lawyer, Doyle’s Guide 2020 Insolvency & Restructuring Lawyer and Commercial Litigation &
Dispute Resolution Lawyer, Doyle’s Guide 2020
Contractual and Statutory Indemnities in the Insolvency Context:
A Case Study Practical Legal Ethics
Explore the recent Federal Court decision in Adelaide Brighton Sexual Harassment and Bullying in the Profession Post #MeToo and
Cement Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Heydon
Arrangement) (No. 6) [2020] FCA 928 and the essential takeaways, · Examine the issues within the broader context of lack of equity and
including: diversity and the experiences of women and safety within the our
· Overview of the indemnities that are typically available under statute society at large
and, where applicable, contract · What avenues do lawyers who are bullied and harassed have for
· Circumstances in which recourse to statutory and contractual complaint and investigation?
indemnities may be denied - By other members of the profession including their own worksite
· Key issues when advising clients in relation to indemnities (discussion on conduct rules and discrimination legislation)
Presented by Sally Heidenreich, Barrister, Murray Chambers - By the judiciary
· What can employers in the legal profession do to make the worksite
Land Tax: Practical Implications for Lawyers safer for workers?
Recent amendments to SA Land Tax legislation place added burdens · What do the member organisations need to do? Law societies and bar
on every lawyer advising on transactions, structures, trusts or estates associations
involving land assets. Government responses to the current economy · What should we be teaching our students of law about the issue?
create additional complexity as have some interpretations of the · Where to from here?
legislation chosen by the Commissioner of State Taxation. Presented by Claire O’Connor SC, Villeneuve Smith Chambers; Recommended
Join this practical session on how the new rules operate in the real world Family & Divorce Senior Counsel, Doyle’s Guide 2020
including:
· A review of the new legislation and its operation in relation to different Practice Management or Business Skills
entities The New Flexibility for the Employee
· Implications for structuring land holdings and land developments · Working from home: navigating the changing landscape
· Implications for estate planning · The increasing impact of technology on working arrangements
· Accessing the principle place of residence land tax exemption · The risks associated with alternative working arrangements and
· New reporting obligations on land acquisition reduced personal interactions in the workplace
· The concessions available and how to access them · How employment lawyers can prepare for workplaces of the future
Presented by Julie Van der Velde, Principal, VdV Legal; Recommended Tax Presented by Simon Bourne, Solicitor, Bourne Lawyers; Preeminent
Lawyer, Doyle’s Guide 2019; 2017 Taxation Institute Chartered SME Tax Adviser Employment Lawyer, Doyle’s Guide 2020
of the Year
Professional Skills
Property Law Update: Navigating the Changes to the Uniform Civil Rules
Legislative Changes, Critical Cases & Recent Trends Examine how the significant recent changes to the Uniform Civil Rules
Examine recent cases, legislative developments and the key trends are working in practice and explore some of the key takeaways and
impacting property law, your practice and your clients. strategies you should keep in mind for your practice.
Presented by Chris Kelly, Partner, Thomson Geer; Recommended Property & Presented by Mark Douglas, Barrister, Murray Chambers; Recommended Wills
Real Estate Lawyer, Doyle’s Guide 2020 & Estates Litigation Junior Counsel, Doyle’s Guide 2020
Professional Skills
Business Valuations in 2021 and Beyond
· The 4 W’s: Why, What, Who, When?
· The valuation approach
· Analytical forecasting
· Deriving a valuation conclusion
· Impact of COVID-19 on the Australian economy
· Implications for business valuations
· Is there any business goodwill?
· Tricky issues: tips, traps and advice
Presented by Brendan Daw CA, Director, Daw Accounting and Advisory;
Business Valuation Specialist CAANZ; Registered SMSF Auditor Commission
10 ATTEND THE FULL DAY AND EARN
6.5 CPD units in Substantive Law 1 CPD unit in Practice Management or Business Skills
1 CPD unit in Practical Legal Ethics 1.5 CPD units in Professional SkillsADELAIDE
$960
213S01
updates, strategies & skills across a wide range of areas that you come across in your daily files.
SESSION 3: FAMILY, WILLS & ESTATES, TRUSTS &
WORKPLACE LAW
2.15PM TO 6.30PM 213S01C $490
Chair: Maurine Pyke QC, John Bray Chambers; Recommended Family
& Divorce Senior Counsel, Doyle’s Guide 2020 Great topics and
Family Law: Cases and Developments presentations. Will be
· Case update of key parenting and property decisions back next year
· Overview of recent Court initiatives
· Developments on the horizon
Presented by Jane Miller, Barrister, Elizabeth Evatt Chambers; Accredited
Specialist in Family Law; Co-Chair, Law Society of South Australia Family Law
Committee; Leading Family & Divorce Junior Counsel, Doyle’s Guide 2020
Family Provision Practice and Procedure: How to Commence a Family
Provision Claim
· Procedural issues with commencing family provision claims in South Helpful panorama
Australia view of the law
- Rules, time limits, giving notice of intention to claim, parties,
pleadings or affidavits and their content, extensions of time, issues of
distribution of the deceased’s estate
· Categories of claimants, eligibility to make a claim, role of executor in
the proceedings
· Hearing and mediation of claims; methods of settling claims
Presented by Graham Edmonds-Wilson QC, Howard Zelling Chambers;
Preeminent Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2020
Excellent as
Wills and Estates Case Update: Lessons from Recent Cases
always - thank you!
Analyse recent cases, the key issues in dispute, the relevant outcomes,
and the practical takeaways from each case.
Presented by Katarina Grenfell, Barrister, Murray Chambers
Modern Trustees Dealing with Actual or Perceived Conflicts of
Interest and/or Duty
At general law it is said that there are only two proscriptive duties of a
trustee: not to obtain any unauthorised benefit from the relationship and Very impressed with how
not to be in a position of conflict. A breach of either of these obligations
requires the trustee to account for any profits and make good any losses. easy it is to log in and
Recently the courts have considered the so-called ‘no conflicts rule’ & its watch - no problems
application to executors & administrators of deceased estates where the
estate is a potential beneficiary of a superannuation death benefit.
· Recent ‘no conflict’ cases
· The plight of the executor/administrator of the deceased estate
· Vital takeaways to apply to your practice
Presented by Suzanne Mackenzie, Barrister, Bar Chambers
Workplace Law Update: Impact of New Laws & IR Reforms
· Overview of proposed changes in the areas of:
- Casuals and fixed term employees: Is there greater clarity and PREFER TO ATTEND
certainty about casual employment arrangements? ONLINE?
- The effectiveness of the workplace relations compliance framework This conference will be
in areas including wage underpayments
held at the Hilton Adelaide
- Award simplification and enterprise agreements: What’s changed?
however if you prefer to
· What do the new laws look like and how will they work in practice?
· Update on legislative reforms impacting the workplace
attend online, there’s the
· Case law update: cases of significance in employment law and WHS
option of watching live online
Presented by Karl Luke, Partner, Thomson Geer; 2020 Adelaide Lawyer of the on the day.
Year, Occupational Health & Safety Law, Best Lawyers; Leading Employment
Lawyer and Recommended Workplace Health & Safety Lawyer, Doyle’s Guide
2020
5PUBLIC SECTOR
GOVERNANCE IN 2021 WOMEN IN PUBLIC LAW
TUESDAY, 16 FEBRUARY 2021 $405 TUESDAY, 16 FEBRUARY 2021 $405
8.30AM TO 12.30PM Live from ACT WEB212C01 1.15PM TO 4.40PM Live from ACT WEB212C02
This is your opportunity to engage in important current issues Join accomplished & innovative women in the public sector who
in public sector governance with experts and your peers. Join a will explain how to navigate your career while achieving your
Judicial Registrar from the Federal Court of Australia, the CEO of professional goals. Work through how to approach perennial
the Law Council of Australia, and leading practitioners working workplace issues such as harassment, bullying & gender bias.
at the coalface of the critical issues impacting the public sector. Hear about creating an inclusive & supportive public sector
Examine the Law Council’s advisory role in the public sector, workplace. Engage in enlightening case studies to consider some
procurement & commercial contracting, decision making, and of the different & varied roles the public sector can offer you.
surviving Royal Commissions.
Chair: Kim Lackenby, Judicial Registrar, Federal Court of Australia and
Chair: Kim Lackenby, Judicial Registrar, Federal Court of Australia and Conference Registrar, Administrative Appeals Tribunal
Conference Registrar, Administrative Appeals Tribunal
SEXUAL HARASSMENT, BULLYING AND GENDER BIAS
KEYNOTE ADDRESS FROM THE LAW COUNCIL OF
AUSTRALIA Sexual Harassment in the Legal Profession
· Do lawyers practice what they preach?
The Law Council of Australia in its Advisory Role to Governments, · What are the boundaries here?
Courts and Federal Agencies · Are there good complaints handling mechanisms in place?
Presented by Michael Tidball, Chief Executive Officer, Law Council of Presented by Pauline Wright, President, Law Council of Australia
Australia
Dealing with Bullying and Harassment in the Public Sector
Procurement and Commercial Contracting for Australian · Legal regime refresher and the APS Code of Conduct
Government Agencies · Legal and non-legal ramifications of claims
· Getting your approach to market correct · Prevention: addressing culture, as well as the law
· Evaluation criteria and methodology · Incident management: best practice investigation and reporting
· Challenging risks Presented by Rebecca Richardson, Associate – Employment Law &
Presented by Alexandra Wedutenko, Partner, Clayton Utz Investigations, Bradley Allen Love Lawyers
Three Major High Court and Federal Court Cases Relating to Implicit Gender Bias
Executive Government Decision Making · What implicit gender bias is
· Staying focused: Recent High Court and Federal Court decisions show · What it looks like in the work-place
how important it is for decision makers to stay focused on the core · How to counter it
issue they need to address when making decisions that affect the Presented by Lauren Williams, Legal Officer, Sea Law and Antarctica Section,
rights of others Department of Foreign Affairs and Trade
· The legal consequences of not staying focused
· Should administrative decision makers be worried about misfeasance THE GOVERNMENT SECTOR: WHAT IT CAN OFFER YOU
claims following the decision in the Brett Cattle case?
Presented by James Suter, Senior Adviser, Proximity Cultivating an Inclusive and Supportive Workplace in the Public
Sector
Surviving Royal Commissions and Beyond Presented by Rorisang Moyo, Assistant Director – Legal, Investment and
· Preparing for an inquiry of the breadth, scale and powers of a Royal Services Law Section Trade and Investment Law Branch, Office of Trade
Commission Negotiations, Department of Foreign Affairs and Trade
· How Royal Commissions operate & interact with government agencies
- Responding effectively to an imminent inquiry & preparing for the Legal Service in the Australian Defence Force Case Study: Operation
impact of subsequent findings and recommendations Bushfire Assist and Operation COVID-19 Assist
· The impact of Commonwealth Royal Commissions on Commonwealth, Examine legal challenges faced by ADF Legal Officers in domestic
State & Territory government agencies support operations.
- What have been the lessons of those agencies? Presented by Colonel Penny Saultry CSC, Senior Lawyer Australian Defence
- How to anticipate the impact such an inquiry will have Force
- How can you best prepare and respond?
· Examples of agencies turning their experience into positive change &
improvement
Presented by Paula Gonzalez, Group Manager, Client Engagement, Proximity
Coming to you LIVE
from Canberra
Book both sessions at the Watch live online or
special price of $770 & Save purchase the recording
3.5 ATTEND AND EARN 3 ATTEND AND EARN
3.5 CPD units in Substantive Law 3 CPD units in Practice Management or Business SkillsRUNNING REMOTE
FAMILY LAW HEARINGS: FAMILY LAW: SMSFS,
EMBRACING THE FUTURE LOANS AND TAX
THURSDAY, 18 FEBRUARY 2021 $295 FRIDAY, 26 FEBRUARY 2021 $405
3.30PM TO 6.00PMLive from NSW WEB212N02 1.30PM TO 4.45PM Live from NSW WEB212N10
Going forward the Family Law Court of Australia and the FCC Gain a new found clarity and depth of knowledge on how to deal
will continue to embrace remote hearings in some format. Now with the innumerable and complex issues that can arise when
is the time to review what we have learnt about running remote identifying ownership and tracking hidden assets in family law.
hearings. This experienced panel of family law barristers will Delve into critical issues with SMSF splitting. Examine the tax
share valuable and practical insights on hearing preparation, implications of Division 7A and 3rd party loans and other tax
procedural issues, and technological dilemmas associated with implications to consider when divorcing a spouse from a company
conducting remote hearings. Master these skills now to ensure the or a trust.
best outcome for your clients now and in the future.
Chair: Susan Pearson, Partner, Pearson Emerson
Topics covered SMSFs: What are the Issues?
· Preparing a matter to be heard by electronic means Presented by Stephen Bourke, Director, SuperSplitting
· Procedural rules and recent amendments
· Electronic evidence, signatures and written submissions
· Tendering documents Division 7A and 3rd Party Loans: Implications for Family Law
Settlements
· Speaking to the other side
Presented by Chris Ardagna, Partner, Pitcher Partners
· What Counsel needs?
· Managing instructions
· Expectations from the bench Divorcing a Spouse from a Company or a Trust: Apart from Division
7A, What Are the Tax Issues?
· Ensuring communication between all parties
· Tips and some common traps Presented by Dung Lam, Special Counsel, Team Leader – Tax, Coleman Greig
Facilitator: Adam Cooper, Principal, Cooper Family Law
Panellists: Jeffrey Bunning, Barrister, Level 15, Inns of Court
Susan Downes, Barrister, 19 Inns Chambers
Patricia Kirkman–Scroope, Barrister, Level 14, Win Paten Chambers
Philip Looney QC, 19 Inns Chambers
Greg Shoebridge, Barrister, 19 Inns Chambers
2.5 ATTEND AND EARN 2.5 CPD units in Professional Skills 3 ATTEND AND EARN 3 CPD units in Substantive Law
FAMILY LAW PARENTING AND CHILDREN’S MATTERS
TUESDAY, 30 MARCH 2021 $490
12.30PM TO 4.45PM Live from NSW WEB213N60
Gain practical insights into important issues for your family law practice and your parenting and children’s matters. You’ll examine urgent
parenting and financial applications, address how the courts are dealing with parental alienation and child protection, and how to address
financial abuse and coercion on parenting orders. Learn also how to deal with personality disorders and substance abuse in relation to
briefing experts, evidence and capacity.
Chair: Nigel Nicholls, Principal, Blanchfield Nicolls Dealing with Financial Abuse and Coercion: Impacts on Parenting
Orders
Professional Skills
· The relevance of different forms of family violence to parenting
Urgent Parenting and Financial Applications
matters
· Court’s approach to urgent parenting and financial applications
· Economic and financial family violence in parenting matters
· Urgent contravention applications
· How do the Courts treat various forms of family violence
· COVID-19 List: how it’s working in practice
· Coercive controlling behaviour relevant to parenting matters
· Navigating electronic hearings in urgent interim parenting cases
· Family Law orders preventing perpetrators from cross examining the
· Changes to evidence and procedure and how to deal with them alleged victims
· Analysis of recent decisions and the practical takeaways for your matters · Seeking preliminary directions in domestic violence: s58 Jury Directions
Presented by Melinda Winning, Partner, Barkus Doolan Family Lawyers Act 2015
Presented by Rachell Davey, Partner, Lander & Rogers
Parental Alienation and Child Protection
· How to advise and guide your client to the best resources Professional Skills
· How the courts might rule on parental alienation Dealing with Personality Disorders and Substance Abuse: Experts,
· Divorce and separation through a child’s eyes: how to protect them Evidence and Capacity
· Useful tools for navigating co-parenting issues · Diagnosis
· Parenting plans, consent orders and parenting arrangements · Treatment: options for PDs and substance abusers
· Binding child support agreements · The report and expert in court
· Grandparent rights · Capacity to instruct
Presented by Carly Middleton, Partner, Barkus Doolan Family Lawyers
Presented by Dr Christopher John Lennings OAM, LSC Psychology
4 ATTEND AND EARN 2 CPD units in Substantive Law and 2 CPD units in Professional Skills
7NDIS LAW CONFERENCE
WEDNESDAY, 24 FEBRUARY 2021 $770
8.30AM TO 4.45PM Live from NSW WEB212N04
Examine the key legal issues within the NDIS sector. Hear from a Senior Member of the Administrative Appeals Tribunal, an NCAT Deputy
President and some of the best lawyers in the disability sector. Review recent cases & gain practical insights on participants’ plans, supported
& substitute decision making, the Royal Commission, and more. This is a must-attend for all disability service providers, plus lawyers in personal
injury, aged care, workers compensation, not for profit and government.
SESSION 1: DECISION MAKING AND TRIBUNAL SESSION 2: LEGAL ISSUES IMPACTING DISABILITY
PROCEDURES SERVICE PROVIDERS
8.30AM - 12.45PM WEB212N04A $490 1.30PM - 4.45PM WEB212N04B $405
Chair: Kim Boettcher, Barrister, Frederick Jordan Chambers Chair: Andrea De-Smidt, Senior Solicitor, Queensland Advocacy
Incorporated
Professional Skills
Substitute Decision Making and the Interplay with the NDIS The Royal Commission into Violence, Abuse, Neglect and
· General overview of substitute decision making guardianship Exploitation of People with Disability
jurisdictions · Examining the work of the Royal Commission thus far
· The NDIS: Application and plan management – is there a role for a · The Interim Report
formally appointed decision maker? · Where to from here?
· The NDIS Quality and Safeguards Commission and Restrictive Presented by Penelope Eden, Partner, MinterEllison; Recommended Health &
Practices: the source of consent Aged Care Lawyer, Doyle’s Guide 2020
Presented by Malcolm Schyvens, Deputy President, Division Head -
Guardianship Division, NSW Civil and Administrative Tribunal Workplace Law Issues for Disability Service Providers
· NDIS-worker screening: compliance implications when hiring,
Professional Skills managing and ending the employment relationship
Empowering Participant Decision Making · Where to now for casual employees? What do DSPs need to know?
· Decision making ability: a relative concept · Tips and traps for conducting effective workplace investigations
· Connecting Supported Decision Making and the National Decision · Strategies to navigate the Disability Worker Exclusion Scheme and
Making Principles Disability Worker Regulation Scheme (Victoria and national operators)
· Linking administrative and legal representation into a care plan · Portable Long Service Leave for Disability Services Providers,
· Estate administration; the emerging multi-disciplinary practice field implications for Victorian / ACT providers and national providers
Presented by Michael Perkins, Founder, Autonomy First Lawyers Presented by Skye Rose, Practice Leader, Moores
Professional Skills Review of Disability and SDA Housing
Practice and Procedure: Internal Review Process at the Administrative · Recent changes in the SDA regulations
Appeals Tribunal · What are some of the best contract structures between housing
· The evolution of ‘business as usual’ during a pandemic providers and support providers, and what are the risks?
· The value of evidence in an application for review · What funding structures can be used to develop disability and SDA
· Ongoing case management housing projects?
Presented by Tony Rutherford, Partner, Mills Oakley
Presented by Fiona Meagher, Senior Member, Administrative Appeals Tribunal
Recent Decisions from the Administrative Appeals Tribunal
· Review recent cases on the Tribunal’s approach to considering whether
a person meets the criteria for access to the NDIS
· Analyse recent cases on funding for reasonable and necessary
supports
Presented by Jackie Finlay, Senior Solicitor, Legal Aid for NDIS and Social
Security Thorough overview of the
legislation and the NDIS
Clear explanation on how
to approach a case
7 ATTEND THE FULL DAY AND EARN
4 CPD units in Substantive Law
3 CPD units in Professional Skills14TH
ANNUAL
IN-HOUSE COUNSEL CONFERENCE
WEDNESDAY, 3 MARCH 2021 $770
8.30AM TO 4.45PM Live from NSW WEB213N06
Face the many significant changes & new risks facing in-house counsel by arming yourself with timely updates & strategies. Consider how
to handle financial & insolvency risks in a tight market. Enhance your insurance law knowledge & tactics. Examine significant defamation
reforms. Catch up on new health & safety risks & obligations. Explore legal & tax issues involving contractors. Gain your core CPD points while
examining ethics, harassment, bullying, wellbeing, technology, & reputation risks in a crisis.
SESSION 1: THE 5 KEY LEGAL ISSUES FOR IN-HOUSE SESSION 2: CPD COMPULSORY UNITS FOR IN-HOUSE
COUNSEL IN 2021 COUNSEL
8.30AM - 12.45PM WEB213N06A $490 1.30PM - 4.45PM WEB213N06B $405
Chair: Judy Tomas, Head of Legal – Housing, Mission Australia Chair: Darshana Parekh, Legal Counsel, Collective Wellness Group
Navigating Insolvency Risks: Updates & Guidance for In-House Practical Legal Ethics
Counsel Operating in a Tight Market Your Obligations as In-House Counsel: Wellbeing, Harassment &
· The latest legal, legislative and market updates on insolvency Bullying
· The indicators of insolvency to beware of · Practical tips to identify and manage issues or complaints
· Key risks & considerations when dealing with other companies in · What obligations do you owe to your company and your employees
financial distress regarding wellbeing?
· Guidance for in-house counsel operating in a down market · Navigating the rise of sexual harassment claims in the current climate
· Risks to creditors of claims from liquidations: unfair preferences and · Is it time to move from an ‘avoiding liability’ approach to a work health
more and safety ‘risk identification and management’ approach?
Presented by Mark Addison, Consulting Principal, Keypoint Law · Tips for handling claims and your duties to make the workplace safe
Presented by Amber Sharp, Partner, McCullough Robertson; Recommended
Insurance Law for In-House Counsel: The Latest Strategies and Employment Lawyer (Employer Representation), Doyle’s Guide 2020
Developments
· Core types of insurance coverage Practice Management or Business Skills
· Demystifying key insurance concepts Utilising Data, Reporting and Technology to Bring Transformational
· Cover for business interruption under property and cyber policies Change to your In-House Legal Function
· Recent trends and market developments · Setting up a data and metrics framework
· Maximising your insurance recoveries · Leveraging available technology within your organisation for data
Presented by David Gerber, Partner, Clayton Utz; Best Lawyers 2021, capture
Insurance Law · Using reporting and insights to demonstrate value and drive
transformational change and continuous improvement
Defamation Law Reforms: Lessons for In-House Counsel · Quick wins and building a long term transformational change strategy
· Key changes to the law that you need to know about Presented by Miriam Rihani, Head of Legal Transformation, Gilbert + Tobin
· Changes to the process for concerns notices and offers to make
amends Professional Skills
· The new serious harm threshold and public interest defence Crisis Management, Corporate Risk & Reputation
· ‘Fixes’ to the current law in relation to contextual truth and damages In-house counsel should not only understand reputation risk, but they
Presented by Marlia Saunders, Senior Litigation Counsel, News Corp Australia should also be aware of internal and external threats and have in place
strategies to either prevent or deal with a crisis should it happen. This
Workplace Health & Safety Update: New Risks for In-House Counsel session will explore:
· Investigations into officers · The biggest threats to your organisation’s reputation over the next
· Liability of property owners and developers three years
· Liability for third party site/supplier incidents · What companies are doing to prepare
· Industrial manslaughter update: how it’s playing out in practice · Where the gaps lie
· Additional significant cases, developments and trends in the area · The key drivers of reputation and how to uphold them
Presented by Katherine Morris, Partner, Norton Rose Fulbright · Strategies for corporate crisis prevention
· Culture and crisis: the preventative role legal counsel can play
Employees and Contractors: Legal, Tax and Practical Perspectives · Planning for a crisis
· Why is this an area of legal and tax risk? · The role of general counsel and communications
· Overview of recent case law about contractor vs employee · What lawyers think of crisis communication professionals and how best
· Practical analysis: What risk factors should you look for? they can work together (based on recent research)
· If you find a risk, how can you address it? · What to do when things go wrong
· How you can confidently enter into contractor arrangements Presented by Craig Badings, Partner, SenateSHJ
Presented by Elizabeth Ticehurst, Principal, Activate Law; Accredited
Specialist in Employment & Industrial Law
Now in its 14th Year, this program
continues to be the premier In-House
Counsel Conference in Australia
7 ATTEND THE FULL DAY AND EARN
1 CPD unit in Practice Management or Business Skills 1 CPD unit in Professional Skills
1 CPD unit in Practical Legal Ethics 4 CPD units in Substantive Law
9LITIGATION ISSUES CPD COMPULSORY
FOR ALL GOVERNMENT UNITS FOR ALL LAWYERS
LAWYERS – 4 MARCH 2021
WEDNESDAY, 3 MARCH 2021 $490 THURSDAY, 4 MARCH 2021 $405
9.30AM TO 1.45PM Live from QLD WEB213Q01 1.30PM TO 4.45PM Live from NSW WEB213N09
As a government lawyer you may not litigate all day but that Wary of traps in your obligations regarding privilege? Grappling
doesn’t mean you aren’t dealing with matters in dispute, with how to be an effective leader and trusted adviser? Don’t let
appeals of decisions or being required to prepare public sector these challenges side-track your career path. Hear from a stellar
witnesses. So what exactly do government lawyers need to be lineup of leading practitioners and master the skills needed to
aware of should the need arise? The ethical parameters of the effectively deal with each of these issues all while gaining your
Model Government litigant; preparing public sector witnesses CPD compulsory units for the year.
and privilege with regard to expert reports and dealing with FOI
requests. Hear from an outstanding panel of speakers on the Chair: Paul Davis, Director, Integroe Partners
absolute red flags in litigation. Practice Management or Business Skills
Tips for Building and Enhancing Your Practice as a Trusted Adviser
Chair: Aaron Guilfoyle, Work Health and Safety Prosecutor, Office of · How do you move from a costs centre to a value creator?
the Work Health and Safety Prosecutor · Making the effort to understand the client or prospective clients’
Practical Legal Ethics business and the broader context
Model Litigant: Disclosure Requirements in Civil and Criminal · Short and long term perspectives
Litigation · A solution oriented approach
· Civil litigation: government’s obligation to disclose Presented by Fred Chilton, Special Counsel, Toomey Pegg Lawyers
· Criminal prosecution: What is the prosecution’s obligation? When is it
Professional Skills
met? And what does it preclude?
Presented by Aaron Guilfoyle, Work Health and Safety Prosecutor, Office of
Leadership for Lawyers
the Work Health and Safety Prosecutor and Patrina Clohessy, Deputy Crown · Are you a leader?
Solicitor and Chief Counsel Constitutional and Advocacy Branch for Crown · Different kinds of leadership
Solicitor, Crown Law · Realising your leadership capability
Presented by Christa Ludlow, Principal Consultant, Weir Consulting
Practical Legal Ethics
Privilege with Regard to Expert Reports and Dealing with FOI Practical Legal Ethics
Requests Privilege: A Fresh Approach
· Privilege of third party reports and communication involved in Legal professional privilege is one of the most important issues facing
proceedings a lawyer. The rules are complex, and change regularly. A strong
· Expert reports: recent cases understanding of privilege, how it works, and how it can be inadvertently
· Avoiding the inadvertent waiver of rights lost, are all critical skills of the in-house or external lawyer.
· Dealing with FOI and RTI (Right to Information) requests · A refresh on the law of privilege as it exists today
Presented by Ian Bloemendal, Partner, Clayton Utz; Leading Commercial · The special issues facing the in-house lawyer
Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020 · Hints and traps relating to how key documents are handled
· How you can lose privilege in a document inadvertently
Professional Skills
· How privilege can be maintained when disseminating a privileged
Responding to a Royal Commission, Boards of Inquiry and Inquest document within a corporate group
· Preparing a department or agency’s response Presented by Peter Butler AM RFD, Partner, Herbert Smith Freehills; Best
· Advice and preparation of government witnesses Lawyers 2020, Alternative Dispute Resolution, Class Action Litigation, Litigation,
· Procuring, briefing and managing experts for inquests and enquiries Product Liability Litigation
Presented by Kathryn McMillan QC, Quay 11 Chambers
Practical Legal Ethics
Bound by Ethics: The Model Litigant as Prosecutor
· Duties of prosecuting Counsel
· General duty
- Respect for rulings of the trial judge
- Cross examination of the accused
- Duty to call all material witnesses
· The prosecutor’s role in sentencing
Presented by Alan MacSporran QC, Chairperson, Queensland Crime and
Corruption Commission
4 ATTEND AND EARN 3 ATTEND AND EARN
1 CPD unit in Professional Skills 1 CPD unit in Practical Legal Ethics
3 CPD units in Practical Legal Ethics 1 CPD unit in Practice Management or Business Skills
1 CPD unit in Professional SkillsCPD COMPULSORY
‘HOW TO’ SKILLS FOR UNITS FOR ALL LAWYERS
LITIGATORS – 9 MARCH 2021
THURSDAY, 4 MARCH 2021 $490 TUESDAY, 9 MARCH 2021 $405
8.30AM TO 12.45PM Live from NSW WEB213N08 1.30PM TO 4.45PM Live from NSW WEB213N14
Join an exceptional panel of speakers, including the Supreme 2020 has reminded practitioners of some of the most important
Court Prothonotary, and walk away with practical insights on key issues that need to be front of mind. Join an expert panel as they
skills for litigators. You will gain guidance on analysing the facts explore strategies to developing a healthy mindset for conducting
and leveraging evidence to build a winning case strategy. Master a legal practice, the risks and ethical problems associated with
how to strategically draft your pleadings and using the best social media use for lawyers, and how to interpret financial
expert evidence to outsmart the opponent’s case on the day. Take reports at a time when those skills are more critical than ever.
away key settlement skills to ensure you negotiate the best deal
for your client on the courtroom steps. Chair: Samantha Mangwana, Practice Leader and Special Counsel,
Shine Lawyers
Chair: Rebel Kenna, Director & Prothonotary, Supreme Court of NSW
Practice Management or Business Skills
Setting Your Mind on a Healthy Mindset for Your Practice
OPENING ADDRESS
· The importance of nurturing our wellbeing as lawyers
Remote Attendances in Light of COVID-19 · Strategies for developing a healthy mindset
· Tips on setting focus, managing emotions and understanding values
Presented by Rebel Kenna, Director & Prothonotary, Supreme Court of NSW
Presented by Lara Wentworth, Performance and Wellness Coach
Analysing the Facts and Maximising the Value of Evidence for Professional Skills
Effective Litigation
Understanding and Interpreting Financial Reports
· Finding an effective strategy for successful litigation
· Fundamental accounting principles and accounting standards
· Identifying limits with a case
· Basic concepts and definitions
· Appropriate interlocutory action
· The different types of financial reports: how they are prepared, who
· Efficiently and effectively evaluating evidence and its potential use prepares them, who can rely on them
· What is admissible and relevant? · Reliability and Information value of financial reports
· Privilege · Warning signs and common areas subject to manipulation
Presented by Anthony Cheshire SC, 8 Wentworth Chambers · Financial statement analysis
Presented by Andrew Sallway, Partner, Business Restructuring, BDO
Drafting Effective and Precise Pleadings
Using practical scenarios and illustrations, you will examine:
Practical Legal Ethics
· What is the value of pleadings in modern litigation?
#TheEthicalLawyer: The Ethics of Social Media Use
· What strategies can be used to best articulate a claim or defence?
· Identifying the ethical issues arising from social media use by lawyers
· When are pleadings necessary and when are they best avoided?
· #LawyersBehavingBadly: cautionary tales from around the globe
· Should pleadings be revisited during the course of litigation?
· How do the Australian Solicitors Conduct Rules assist in resolving social
Presented by Bill Ilkovski, Barrister and Joel Cook, Barrister, 8 Wentworth
media ethics concerns?
Chambers
Presented by Angus Macinnis, Director of Dispute Resolution, StevensVuaran
Using Expert Evidence to Best Effect Lawyers
· The role and responsibilities of an expert witness
· What is covered by privilege: instructions, draft report, information,
and past expert opinions
· Admissibility of reports
· How to present effective expert evidence
· The process of giving expert evidence
· Potential pitfalls and how to avoid them
Presented by Michelle Campbell, Barrister, Frederick Jordan Chambers
Settlement Fundamentals: Getting the Best Deal for Your Client
· Calderbank offers and offers of compromise: common mistakes
· Settlement rules: ensuring ‘without prejudice’ offers are indeed ‘without Gain all
prejudice’
· Challenging settlement agreements
your 3 CPD
· When is a settlement not a settlement? core areas
· Case studies and practical, real world examples
Presented by Florence Mitchell, Partner, FM Legal
4 ATTEND AND EARN 3 ATTEND AND EARN
4 CPD units in Professional Skills 1 CPD unit in Practical Legal Ethics
1 CPD unit in Practice Management or Business Skills
1 CPD unit in Professional Skills 1110TH
ANNUAL
EMPLOYMENT LAW SYMPOSIUM
FRIDAY, 5 MARCH 2021 $770
8.30AM TO 4.45PM Live from NSW WEB213N10
Keep up to date on the latest legal developments in employment law. Hear from the Deputy President of the Fair Work Commission. Gain
essential knowledge of the most topical workplace issues today, including redundancies, termination disputes, unfair dismissals and restraints
of trade. In the afternoon, explore the maze of worker’s compensation and employment law legislation, analyse freedom of speech in the
workplace, & explore current conundrums being faced by many regarding pay and leave entitlements.
SESSION 1: TERMINATION AND DISMISSAL – CURRENT SESSION 2: THE THREE HOT TOPICS FOR 2021
CONCERNS
8.30AM - 12.45PM WEB213N10A $490 1.30PM - 4.45PM WEB213N10B $405
Chair: Michael Barnes, Partner, Carroll and O’Dea Chair: Alex Grayson, Principal Lawyer, Maurice Blackburn
Navigating the Intertwined Maze of Employment Law and Workers
INSIGHTS FROM THE FAIR WORK COMMISSION Compensation Legislation in Psychological Injury Cases
Keynote Address: Explore the often challenging intersection between employment law
and workers compensation legislation when a worker has claimed for
Presented by Hon. Deputy President P Sams AM, The Fair Work Commission
psychological injury.
· Identifying relevant employment law principles and workers
Redundancies: The Next Wave compensation provisions
· Restructuring: When and why? · How to correctly manage the Return to Work process
· Consultation: What are your obligations? · Handling performance & conduct issues with a worker suffering from
· Costs, plus special considerations arising from the JobKeeper scheme psychological injury
· Keeping boundaries clear: Operational change or employee · When and how to dismiss an injured worker, lawfully and fairly
performance? · Knowing the legal risks and how to mitigate against them
· Best practice tips · Additional challenges that COVID-19 raises at the present time
Presented by Danny King, Principal, Danny King Legal; Leading Employment · Recent cases
Lawyer (Employee & Trade Union Representation) and Recommended Presented by Adrian Barwick, Solicitor Director, WilliamsonBarwick;
Employment Lawyer (Employer Representation), Doyle’s Guide 2020 Accredited Specialist in Employment & industrial Law; Recommended
Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide
Navigating Termination Disputes 2019
· Defending employers/employees in workplace disputes
· How to mediate workplace disputes from both sides effectively Does Freedom of Speech Exist in the Workplace?
· Laws with which you need to comply · Case study: Ridd v James Cook University and the implications for
· Medical evidence: what you need to know employers
Presented by Kellie Edwards, Barrister, Denman Chambers; Recommended · The limits on ‘freedom of speech’ for employees
Employment Law Junior Counsel, Doyle’s Guide 2020 · Regulating the conduct of staff on social media outside of working
hours
Unfair Dismissal Claims: The Current Issues - Can it be done?
· A recap on steps to avoid claims - Should it be done?
· Managing different types of dismissals Presented by Michael Byrnes, Partner, Swaab
· Popular alternatives to unfair dismissal claims
· Recent cases of note Casualisation and Associated Issues, and Underpayment Issues
Presented by Tim Capelin, Partner, Piper Alderman · Underpayment issues, including approach by Fair Work Ombudsman
· How to avoid double counting: an analysis of Rossato v Workpac and
Managing Restraints of Trade
following cases
· The scope and operation of restraint of trade clauses · New legislation on casual employment reforms
· How to address restraints post-employment: for employees and · Leave accrued entitlements for casuals: Do we need to adjust
employers contracts or agreements?
· Use of confidential information by former employees
Presented by Chris McArdle, Principal, McArdle Legal
· Other applicable causes of action
Presented by Catherine Bembrick, Barrister and Andrew Fox, Barrister, 5
Wentworth Chambers
7 ATTEND THE FULL DAY AND EARN
7 CPD units in Substantive Law10TH
CONTRACT LAW CONFERENCE: ANNUAL
MINIMISING RISKS & DISPUTES
THURSDAY, 11 MARCH 2021 $770
8.30AM TO 4.45PM Live from NSW WEB213N18
Ensure your contract drafting strategies are modern, effective & unassailable. Survey the latest contract interpretation methods & consider the
duty to negotiate in good faith. Perfect your protections against default & insolvency. Fine tune your indemnity, insurance & exclusion clauses.
In the afternoon, master contract disputes by examining dispute resolution clauses, how to recover damages or defend against them, and the
latest contract termination strategies.
SESSION 1: CONTRACT INTERPRETATION, PROTECTIONS SESSION 2: CONTRACT DISPUTE RESOLUTION,
& RISK ALLOCATION TERMINATION & DAMAGES
8.30AM - 12.45PM WEB213N18A $490 1.30PM - 4.45PM WEB213N18B $405
Chair: Gregory Martin, Principal, Martin Bullock Lawyers Chair: Josephine Brook, Special Counsel, Clayton Utz
Contractual Interpretation: Modern Methods & Strategies Dispute Resolution Clauses: How to Draft & How to Possibly Avoid
· Update on interpretation principles and canons of construction · A guide to drafting a watertight dispute resolution clause
· The latest from the Courts & the cases you need to know - When do you need or not need a dispute resolution clause?
· The ambiguous ‘ambiguity gateway’: Codelfa and life after it - Should the dispute resolution be mandatory?
· Some divergences between the states to have on your radar - Roadmap to choosing the right dispute resolution method
Presented by Carolyn Coventry, Barrister, 13 Wentworth Chambers - Can your dispute resolution clause be practically implemented?
- Example clauses & strategies to include in your contracts
Duty to Negotiate in Good Faith: Contract and Beyond · Possibly avoiding a dispute resolution clause
· Enforceability of duty - Common errors to attack and weaknesses to exploit
· Meaning and scope of duty Presented by Joern Schimmelfeder, Principal Lawyer, JSTTEC Legal
· Limits to good faith negotiation duty
· What is the test – subjective or objective? Damages for Breach of Contract: How to Successfully Recover
· Statutory comparison Damages or Defend a Claim
· Question of breach · Triggering the right to damages in contract
· Remedies · A guide to how contractual damages are assessed
Presented by Adam Butt, Barrister, 8 Wentworth Chambers · Differences between damages in contract, in tort and under the
Australian Consumer Law
Contractual Protections Against Default and Insolvency · Categories of recoverable loss and strategies for approaching each
· Minimising default risk while improving recoverability · Expectation damages and reliance damages: A useful distinction?
· Key considerations: cure, default and termination · Loss of chance or opportunity: What must be proven?
· Flexibility in varying the scope of the contract · Loss of bargain damages: traps for the unwary
· Considering what compensation is payable and what loss is · Significance of time of assessment in changing market conditions
recoverable · Causation, remoteness and mitigation
· PPSA implications and what to watch out for · Liquidated damages
· Example clauses: when drafting goes wrong leading to litigation and · Case law examples
the lessons for contract drafters Presented by Jennifer Mee, Barrister, 6 St James Hall Chambers
Presented by Michael Rozdal, Consulting Principal, Keypoint Law
A Guide to Contract Termination: Rights and Consequences
Allocating Risk in Risky Times: Indemnity, Insurance & Exclusion · What are the differences between express rights and general right?
Clauses · How do you give effective notice?
· Contractual devices to avoid or minimise liability · What if the termination is not justified?
- Indemnities, insurance, exclusion clauses, guarantees, & financial · Losing the right to terminate: the importance of election and delay
caps · What are the consequences of termination?
· Perfecting your indemnity clauses · Claiming damages after termination
- Types of indemnities and how to effectively use them · Some practical tips for effective exercise of termination rights
· A guide to key clauses and considerations in your insurance provisions Presented by Christopher Freeman, Barrister, Culwulla Chambers
- Critical points to know about the different types of insurance policies
· Interaction between insurance and indemnities
· Step by step guide to managing risk in commercial contracts
· Insurance coverage; negotiations; knowing your limits; gaps &
exclusions
· Analysis of instructive cases, the specific clauses in each, and what
happens when risk allocation goes wrong
Presented by Suzy Madar, Partner, King & Wood Mallesons
7 ATTEND THE FULL DAY AND EARN
7 CPD units in Substantive Law
1312TH
ANNUAL
BUSINESS SALES: LEGAL ISSUES & RISKS
FRIDAY, 12 MARCH 2021 $770
8.30AM TO 4.45PM Live from NSW WEB213N21
Gain a thorough understanding of the many moving parts that will make or break a business sale. Hone your negotiation skills to get the
deal done on your terms. Avoid unnecessary exposure related to IP, privacy & data risks. Examine critical employment law issues, including
transferring employees & restraints of trade. Catch up on the latest franchising law reforms. Analyse key financial risks, including essential
valuation issues, distressed transactions in the current market, & the tax consequences.
SESSION 1: SIGNIFICANT LEGAL ISSUES IN BUSINESS SESSION 2: LEGAL RISKS & STRATEGIES INVOLVING
SALES FINANCIAL ISSUES IN BUSINESS SALES
8.30AM - 12.45PM WEB213N21A $490 1.30PM - 4.45PM WEB213N21B $405
Chair: Jason Sprague, Partner, Bartier Perry Chair: Darren Pereira, Partner, Holding Redlich
Professional Skills Professional Skills
Negotiation Skills for Lawyers to Ensure the Deal Happens on the Valuation of a Business: The Key Processes & Issues
Right Terms · What is a business worth?
· Different approaches and philosophies to negotiation · The valuation process and valuation approaches
· Points to focus on in negotiations · Total intangibles, personal and residual goodwill
· What we have seen work and not work · Capitalisation of future maintainable earnings
· Rules of thumb for more effective negotiation · Issues in valuations
Presented by Malika Chandrasegaran, Partner, Herbert Smith Freehills Presented by Lauren Cusack, Client Director, ESV – Accounting and Business
Advisors; CA Business Valuation Specialist
IP, Privacy & Data Protection in Business Sales
· The fundamentals of IP due diligence Distressed Transactions: What you Need to Know if You are
· Customer lists, trade secrets and personal information: IP and privacy Transacting with a Distressed Seller
considerations · Current trends in the market and impacts of COVID-19
· Trans-border IP and privacy issues · Opportunities & challenges with distressed M&As
· Deal structuring for best securing, protecting and exploiting IP · Due diligence: focusing on the key issues when time is limited
· Effective drafting for IP-rich business acquisitions · Typical structure of deal: unconditional, limited warranties
Presented by John Gray, Partner Hall & Wilcox · Navigating the risk that the transaction could be unwound
· Impact of corporate insolvency reforms
Employment Law Considerations in the Purchase of a Business · Waiting to purchase through a formal insolvency process
Employment law issues should be considered very carefully by the seller Presented by Kristy Dixon, Partner and Giselle Finnane, Partner, Marque
and purchaser alike as they can affect both the value of a business Lawyers
that has been purchased and the seller’s ability to work in a different
business after the sale. You will examine: Tax Implications for Sale of Business
· Transferring employees from a vendor to a purchaser’s business · Key tax issues associated with the sale of a business: CGT/income tax,
- Key steps in the process GST and Stamp Duty
- Choosing which employees to transfer over and what happens to · Sale of shares vs sale of business
those left behind? · Apportionment of purchase price / purchase price adjustments
- What happens if an employee doesn’t want to work for a purchaser? Presented by Sanjay Wavde, Partner and Elke Bremner, Senior Associate,
- Redundancy: what the vendor and purchaser need to know Ashurst
· Restraints of trade
- Practical considerations and case studies in drafting and enforcing Aborted Transactions: Strategies for Sale Attempt #2 and Preparing
restraints of trade a Business for Sale
- What will be enforceable? What’s excessive? · Forecasts and financials: What are buyers looking for today?
- Interaction between restraints in the sale agreement and · Alternative deal structures: asset or share sale, upfront payment or
employment contracts deferred / earn-out, transitional arrangements
Presented by Glenn Fredericks, Barrister, State Chambers · Multiple bidders: how to create competitive tension
· Housekeeping tips: getting a business sale-ready in a tough market
Franchises: Key Considerations when Buying and Selling Presented by William Kontaxis, Special Counsel, Holding Redlich
· New franchising law reforms
· Specifics of a franchise agreement: key things to look out for
· Considering licenses, leases and permits
· Understanding the franchisee/franchisor relationship
· Common franchising disputes in sale and purchase situations
Presented by Racha Abboud, Principal Lawyer, Macpherson Kelley
7 ATTEND THE FULL DAY AND EARN
5 CPD units in Substantive Law
2 CPD units in Professional SkillsYou can also read
