The New South Wales State Legal Conference -
The next conference will be over four days in March 2011:
Monday 28th, Tuesday 29th, Wednesday 30th and Thursday 31st.
The New South Wales State Legal
Conference is co-sponsored by
LEAP Office and
Smokeball:
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The New South Wales State Legal Conference
ABN 27 085 880 164
SMC Conference Centre,
The Corner of Goulburn and Castlereagh Streets, Sydney
August 2010 Conference
General Information |
Conference at a Glance |
Registration |
Mandatory CLE
Wednesday 18th |
Thursday 19th |
Friday 20th |
Packages
Wednesday 18th August
1) 9.00am-12.30pm Conveyancing Disputes and Remedies | MCLE: 3
2) 9.00am-12.30pm Motor Accidents Compensation Act Part 1 | MCLE: 3
3) 9.00am-12.30pm Commercial Litigation Update | MCLE: 3
4) 9.00am-12.30pm Fair Work Australia Significant Decisions of the First Year |
MCLE: 3
5) 1.30pm-5.00pm Drafting and Entering into Contracts for the Sale of Land |
MCLE: 3
6) 1.30pm-5.00pm Motor Accidents Compensation Act Part II | MCLE: 3
7) 1.30pm-3.00pm Commercial Contracts Part I | MCLE: 1.5
8) 1.30pm-3.00pm Taxation Law Update | MCLE: 1.5
9) 1.30pm-5.00pm Occupational Health and Safety | MCLE: 3
10) 1.30pm-5.00pm Negotiation for Lawyers | MCLE: 3
11) 3.30pm-5.00pm Commercial Contracts Part II | MCLE: 1.5
12) 3.30pm-5.00pm Using Technology to Increase Your Profits | MCLE: 1.5
Conveyancing Disputes and Remedies
This session with Andrew Lang considers how to deal with conveyancing disputes
in the sale of land with reference to the more frequently occurring problems in
transactions.
Topics covered include:
- Problems at various stages of the transactions;
- Drafting and relying on special conditions;
- Termination following notice to complete;
- Negotiating or litigating disputes.
Andrew Lang practised as a solicitor at Bondi Junction for 20 years before
moving to academia. From 1980 to 1988 he was Associate Professor, School of Law,
at Macquarie University where he specialised in real property and succession. He
is the author of several CCH Property Law publications.
Presenter:
Mr. Andrew Lang OAM
Legal Author
9.00am - 12.30pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247
The Motor Accidents Compensation Act Part I
The effects of the changes to the Motor Accidents Compensation Act as well as
the proposed changes to the Costs Regulation commencing on 1 September 2010 will
be covered by Cameron Player, the Deputy General Manager of The Motor Accidents
Authority.
Medical issues in relation to Whole Person Impairment including the impact of
dental injuries will be dealt with by our panel of doctors.
A number of Hardship Special Assessments have been dealt with by CARS and
Michelle Boyle and Mathew Laidely from CARS will review those decisions.
The ethics of "settlement" will be reviewed by Stephen Lancken; he will explore
how lawyers can balance all of their duties and obligations and behave in ways
that do not breach those duties.
Presenters:
Ms Belinda Cassidy (Chair)
Principal Claims Assessor,
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Mr. Cameron Player
Deputy General Manager,
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Dr Raymond Wallace
Orthopaedic Surgeon
Phone: 8243 5600
Dr. Nigel Menogue
Musculo-skeletal Medicine
Phone: 8243 5600
Dr. Bill O'Reilly
Dental Surgeon
Phone: 9689 3977
Ms. Michell Boyle
Claims Assessment Officer
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Mr. Mathew Laidely
CARS Officer,
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Mr.Steve Lancken
Mediator and Arbitrator
The Trillium Group
Phone: 0418 272 449
Email: steve@thetrilliumgroup.com.au
9.00am-12.30pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247
Commercial Litigation Update
In this session chaired by Geoff Roberson, Mark Speakman will speak about
preliminary discovery (both "identity discovery" and "information discovery")
and non-party discovery. Duncan Macfarlane will speak on security of costs.
Peter Long will deliver a paper on Proportionate Liability. Alan Blinder will
give a presentation on an in-house view on managing litigation and contract
risk.
Presenters:
Mr. Geoffrey Roberson (Chair)
Partner
Champion Legal
Phone: 9635 8266
Email: Robersong@champion.com.au
Mr. Mark Speakman SC
Barrister-at-Law
10th Floor Selborne/Wentworth Chambers
Phone: 9223 2715
Email: speakman@tenthfloor.org
Mr. Peter Long
Practice Group Leader
Slater and Gordon
Phone: 6742 5677
Email: Peter.Long@slatergordon.com.au
Mr. Duncan Macfarlane
Barrister-at-Law
10th Floor Selborne/Wentworth Chambers
Phone: 9232 4609
Email: macfarlane@tenthfloor.org
Mr. Alan Blinder
Corporate Counsel
WorleyParsons
Phone: 8923 6866
Email: Alan.Blinder@worleyparsons.com
9.00am-12.30pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Fair Work Australia - Significant Decisions of the First Year
Joe Catanzariti and Michael Byrnes will address the following issues in their
presentations on the significant decisions of Fair Work Australia in its first
year:
- enterprise bargaining under the Fair Work Act;
- what does Fair Work Australia require from employers and unions in order to
discharge their "good faith bargaining" obligations;
- when will Fair Work Australia make bargaining orders;
- significant decisions highlighting Fair Work Australia's approach to the
approval of enterprise agreements;
- the impact of the protection for employees from "adverse action";
- access to remedies for unfair dismissal under the Fair Work Act;
- decisions highlighting Fair Work Australia's approach to unfair dismissal;
- decisions highlighting Fair Work Australia's approach to the "genuine
redundancy" exception from unfair dismissal; and
- alternative remedies.
Presenters:
Mr. Joe Catanzariti
Partner
Clayton Utz
Phone: 9353 4000
Email:
jcatanzariti@claytonutz.com
Mr. Michael Byrnes
Special Counsel
Clayton Utz
Phone: 9353 4723
Email:
mbyrnes@claytonutz.com
9.00am
- 12.30pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Drafting and Entering into Contracts for the Sale of Land
This is a detailed session on all major matters requiring the attention of the
vendor's and the purchaser's solicitor of conveyance until exchange of
contracts, using the 2005 contract.
These matters included:
- Entering into a binding contract;
- Drafting the contract and special conditions;
- The exchange;
- Problems relating to vendor disclosure and warranty;
- Contractual Warranties;
- Technical investigations.
Most of the problems are illustrated by judicial decisions.
Presenter:
Mr. Andrew Lang OAM
Legal Author
1.30pm - 5.00pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247
Motor Accidents Compensation Act Part II
This session covers important topics that impact on all legal practitioners and
insurers involved in CTP claims.
Areas covered include Section 15B Care claims under the Civil Liability Act
(Sullivan and Gordon claims) addressed by Allen Cowley, loss of earning capacity,
past and future with Robert Foggo, the choice between proceeding at Workers
Compensation or CTP will be considered by Richard Royle. As well, the session
will provide an update of blameless accidents with Jnana Gumbert and recent
decisions by Terence Stern. Kerrie Rosati will provide a review of the Cost
requirements.
Presenters:
Ms.Belinda Cassidy (Chair)
Principal Claims Assessor,
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Mr. Allen Cowley
Principal,
S + P Lawyers and CARS Assessor
Phone: 1300 277 000
Email: allan.cowley@splawyers.com.au
Mr. Robert Foggo
Principal
Robert Foggo Lawyers and CARS Assessor
Phone: 4927 5772
Email: rgf@foggolaw.com.au
Mr. Richard Royle
Barrister-at-Law
Sir Owen Dixon Chamber
Phone: 9373 7400
Email: rroyle@sirowendixon.com.au
Ms. Jnana Gumbert
Director
Stacks / Goudkamp
Phone: 9237 2222
Email: jnana@stacksgoudkamp.com.au
Mr.Terence Stern
Solicitor
Law Society Councillor
CARS Assessor
Phone: 9387 2399
Email: tstern1@bigpond.com
Ms. Kerrie Rosati
Managing Director
D G Thompson Legal Costs Lawyers
Phone: 9977 9200
Emain: kerrie.rosati@dgt.com.au
1.30pm - 5.00pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247
Commercial Contracts Part I
This presentation will consider, comment on and examine the major issues
relating to the formations of contracts and the development of the process
contract in Australia. This presentation will review recent case law and
developments in these areas.
Presenter:
Mr. Lee Moore
Senior Solicitor
DLA Phillips Fox
Phone: 9286 8613
Email: lee.moore@dlaphillipsfox.com
1.30pm-3.00pm
Wednesday 18th August
Claimable CLE Units 1.5
Cost: $120 GST $12 Total incl GST $132
Taxation Law Update:
Partitioning land - revenue law implications
The acquisition and development of jointly owned land gives rise to many
potential issues - including revenue law, property law, financing and
participant dealing considerations. It is therefore essential that investors and
their advisers understand the potential pitfalls and consider the structure of
their investment before a development commenced or ideally, before the land is
purchased. This session will deal with:
- An overview of the process of partitioning;
- Income tax, CGT and GST considerations when partitioning;
- Stamp duty implications, including a comparison of the NSW and QLD provisions;
- Dealing with financiers and security arrangements;
- Body corporate and common property issues; and
- Structuring issues, documentation requirements (including deeds of partition)
and timing consequences.
Superannuation:
- The old system vs the new "simplified" system
- The nature of a beneficiaries interest in a superannuation fund
- Operation of Binding Death Benefit Nominations and their use
- Bankruptcy and superannuation - including how contributions caps have helped
- Can a super fund run a business?
- Amending superannuation trust deeds
- Direct gearing of super funds
- What restricts are there on a trustee's discretionary powers?
Mr. Denis Barlin
Partner
SBN Lawyers
Phone: 8247 3310
Email:
denis@sbnlawyers.com.au
1.30pm-3.00pm
Wednesday 18th August
Claimable CLE Units 1.5
Cost: $120 GST $12 Total incl GST $132
Occupational Health and Safety
In this session chaired by Linden Evans, Aditi Kogekar will address recent cases
involving prosecutions for bullying in the workplace. Gordon Jervis will give a
presentation on violence in the workplace with particular emphasis on ensuring
the health and safety of employees experiencing domestic violence. He will cover
current obligations of employers and possible obligations arising from the Model
Work Health and Safety Bill due for adoption by all states from 2012, Michael
Selinger will discuss the interaction between an employer's duty to ensure
safety in the workplace and the use of disciplinary and industrial action.
Presenters:
Mr. Linden Evans (Chair)
Partner
Stockman Evans
Phone: 9708 1300
Mr. Michael Selinger
Senior Associate
Holding Redlich
Phone: 8083 0388
Email: michael.selinger@holdingredich.com.au
Mr. Gordan Jervis
Senior Associate
Australian Business Lawyers
Phone: 9458 7005
Email: gordon.jervis@ablawyers.com.au
Ms. Aditi Kogekar
Solicitor
Corrs Chambers Westgarth
Phone: 9210 6500
Email: aditi.kogekar@corrs.com.au
1.30pm - 5.00pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Negotiation for Lawyers
Since "Getting to Yes" was first published in the early 1980s it has become the
leading text discussing how to influence others to do a good deal. Originally
the product of research funded to come up with the best way for people to deal
with differences, the book has been translated into many languages and sold many
copies. The theories detailed in "Getting to Yes" offer a rounded approach to
negotiation and can be used to advantage by litigious and transactional lawyers.
In this session, using the " Elements of Principled Negotiation" described in
"Getting to Yes" and "Beyond Machiavelli" you will learn:
- How to recognise a good deal when it is offered;
- How to use standards of legitimacy to be truly influential;
- Communication skills that smooth negotiation;
- The differences between the Competitive and the Cooperative styles of
negotiation, their benefits and downfalls;
- How to maintain relationships when we negotiate (and why);
- The differences between a "position" and an "interest";
- How to close the deal;
- What are your options if the negotiation fails.
This session will be fast paced and involve interactive discussion and exercises
to demonstrate the lessons that we can take from "Getting to Yes" and the work
of the Harvard Negotiation Project. Skills learned can be used in everyday
negotiations, in mediation, at work and in your personal life.
Presenter:
Mr. Steve Lancken
Mediator and Arbitrator
Workers Compensation Commission Mediator, Arbitrator and Costs Assessor
The Trillium Group
Phone: 0418 272 449
Email:
steve@thetrilliumkgroup.com.au
1.30pm - 5.00pm
Wednesday 18th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Commercial Contracts Part II
In this session Eric Kalde will give a practical presentation showing how to
construct a written advice that satisfies the client's needs and protects the
advisor - you. Advising on commercial contracts is a lucrative field of work but
one which must be approached with care, he demonstrates his methods for
constructing a good written advice including examples and case studies.
Erica Taylor will address contractual issues arising from revenue recognition in
service agreements.
Anthony Jucha will do a presentation on practical tips and tricks for drafting
commercial contracts.
Presenters:
Ms. Erica Taylor
Principal
lexicon.legal
Phone: 0414 544 736
Mr. Anthony Jucha
Principal
Jucha Legal Pty Limited
Phone: 0414 216 244
Email: Anthony@jucha-legal.com
Mr. Eric Kalde
Principal
Kalde and Assocites
Phone: 9439 1139
Email: kalde@bigpond.net.au
3.30pm-5.00pm
Wednesday 18th August
Claimable CLE Units 1.5
Cost: $120 GST $12 Total incl GST $132
Using Technology Leverage to Increase Your Profits
This session will analyse and discuss the changes in technology that provide
small law firms with opportunities to apply leverage to increase profitability.
The session is structured specifically to discuss the needs and opportunities
presented by technology to small law firms of between 1 and 25 people and is
applicable to existing firms and anyone considering starting their own firm with
a desire to operate as efficiently and profitably as possible.
We will consider the challenges facing the principals of small firms, how to
take advantage of technology in a 'time poor' environment, and what to expect
and how to monitor practice productivity as technology is introduced.
The session will also consider the three primary technology levers that the
presenter believes deliver maximum impact for the lowest investment of time and
money:-
Your database; Your documents; and Your billing methods.
Interactive tools will enable you to assess where your firm is at now and help
you to identify the opportunities for improvement that great technology offers.
Finally, the session will consider the future and in particular portability and
meeting the needs of increasingly mobile lawyers.
Presenter:
Richard Hugo-Hamman, B.A. LLB
Managing Director of LEAP Legal Software.
Phone: 8273 7588
Email: Richard.hugo-hamman@leap.com.au
3.30pm - 5.00pm
Wednesday 18th August
Claimable CLE Units 1.5
FREE LEAP SESSION
Enquiries
All enquiries should be directed to:
Michael Bach,
Conference Manager,
The New South Wales State Legal Conference
DX 294 Sydney or GPO Box 3505, Sydney, NSW, 2001
Telephone: 02 9550 6063
Fax: 02 9565 5714
Email: mbach@nswstatelegal.com.au
Website: www.nswstatelegal.com.au
The Conference management is committed to staging a successful Conference;
however, to achieve this, the Conference management reserves the right to make
changes to the program.
The New South Wales State Legal
Conference is co-sponsored by
LEAP Office and
Smokeball:
 
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