The New South Wales State Legal Conference -
The next conference will be over four days: Friday 26th,
Monday 29th, Tuesday 30th and Wednesday 31 March 2010.
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
March 2010 Conference
General Information |
Conference at a Glance |
Registration |
Mandatory CLE
Friday 26th |
Monday 29th |
Tuesday 30th |
Wednesday 31st
Friday 26th March 2010
Sessions
1 9.00am-12.30pm Elder Law | MCLE: 3
2 9.00am-10.00am Trust Money Overview Satisfies Mandatory Practice Management
Requirement | MCLE: 1
3 9.00am-12.30pm Civil Liability Update | MCLE: 3
4 9.00am-12.30pm Leases Update | MCLE: 3
5 10.15am-11.15am Online Case Citators Satisfies Mandatory Professional Skills
Requirement | MCLE: 1
6 11.30am-12.30pm The Ethics of Client Legal Privilege Satisfies Mandatory
Ethics Requirement | MCLE: 1
7 2.30pm-4.30pm Making Profits in Changing Times | MCLE: 2
8 1.30pm-2.30pm Regulation 176 Satisfies Mandatory Practice Management
Requirement | MCLE: 1
9 1.30pm-5.00pm Recent Developments in Strata and Community Schemes | MCLE: 3
10 1.30pm-5.00pm Professional Negligence | MCLE: 3
11 2.45pm-3.45pm Communication Skills Satisfies Mandatory Professional Skills
Requirement | MCLE: 1
12 4.00pm-5.00pm Ethical Issues in Litigation Satisfies Mandatory Ethics
Requirement | MCLE: 1
Packages
A 9.00am-12.30pm Mandatory CLE Package I Sessions 2, 5 & 6 | MCLE: 3
B 9.00am-5.00pm Personal Injury Package I Sessions 3 & 10 | MCLE: 6
C 9.00am-5.00pm Property Law Package I Sessions 4 & 9 | MCLE: 6
D 1.30pm-5.00pm Mandatory CLE Package II Sessions 8, 11 & 12 | MCLE: 3
Friday 26th March
Session 1
Elder Law
There have been a number of legislative changes in recent times that have a
significant impact on older people. Practitioners working in the area of Elder
Law should avail themselves of this opportunity to hear the Chair, Sue Field,
review the NSW Trustee and Guardianship Act 2009, twelve months after its
implementation; Phillip McGowan will discuss the intestacy amendments to the
Succession Act and Malcolm Gledhill will provide an overview of the long awaited
amendments to the Retirement Villages Act and their implications for retirement
village operators.
Presenters
Ms. Sue Field (Chair)
N S W Trustee and Guardian Fellow in Elder Law
School of Law
University of Western Sydney
Phone: 9685 9237 Email: s.field@uws.edu.au
Mr. Phillip McGowan
Partner
DeGroot Wills & Estate Lawyers
Phone: 9101 7000 Email: pcmcgowan@degroots.com.au
Mr. Malcolm Gledhill
Consultant
Slade Mainwaring
Phone: 8268 0800 Email: mgledhill@smlaw.com.au
9.00am-12.30pm
Friday 26th March
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 2
Trust Money Overview
Mandatory CLE Session
The objective of this session is to provide an overview of the various types of
trust money under the Legal Profession Act 2004 and the records required to be
maintained if trust money is received by a law practice. Examples of each type
of trust money will be used to assist with the definition of trust money.
Any principal or employed practitioner who is responsible for a legal matter
should attend to ensure that the law practice is compliant with the Act and
Regulation in regard to trust money. Trust money is not limited to the operation
of a general trust account by a law practice.
John Mitchell is an accountant and member of CPA. He has been employed by the
Law Society of New South Wales as the Chief Trust Account Investigator &
Supervisor since June 2006. From June 2004 to June 2006 he worked in the
insolvency field and from March 1991 to June 2004 he was the Chief Trust Account
Inspector with the Law Society of New South Wales.
This session satisfies the Practice Management and Business Skills requirement
of Rule 42 of the Solicitors' Rules.
Presenters
Mr. Phil Banister (Chair)
Principal
Phil Banister Pty Limited Solicitors
Phone: 9899 1169 Email: lawyers@philbanister.com.au
Mr. John Mitchell
Chief Trust Account Inspector
The Law Society of New South Wales
Phone: 9926 0333 Email: John.Mitchell@lawsociety.com.au
9.00am-10.00am
Friday 26th March
Claimable CLE Units 1
Cost $100 GST $10 Total incl GST $110
Session 3
Civil Liability Update
In this Civil Liability update chaired by Steve O'Halloran, His Honour Judge
Anthony Garling will give the keynote address. He will speak on case management
in civil liability matters. Robert Algie will address liability issues
concerning children and schools as well as current child protection legislative
arrangements in New South Wales. Ian Newbrun will consider claims for damages
arising out of persons held in Federal immigration detention centres including
claims relating to failure to properly diagnose and treat physical and
psychiatric illness, bullying and assault, and wrongful detention. Robert
Harrington will speak on non-employer workplace damages actions. Michael Snell
will address the Statute of Limitations.
Presenters
Mr. Stephen O'Halloran (Chair)
Partner
White Barnes
Phone: 9263 3233 Email: mail@whitebarns.com.au
His Honour Judge Anthony Garling
District Court of New South Wales
Phone: 9377 5840
Mr. Michael Snell
Barrister-at-Law
William Deane Chambers
Phone: 9231 0077 Email: snell@williamdeanechambers.com.au
Mr. Robert Algie
Senior Associate
Carroll & O'Dea
Phone: 9291 7100 Email: ralgie@codea.com.au
Mr. Ian Newbrun
Barrister-at-Law
Nationally Accredited Mediator
Jack Shand Chambers
Phone: 9233 7711 Email: newbrun@jackshand.com.au
Mr. Robert Harrington
Barrister-at-Law
William Deane Chambers
Phone: 9231 0077 Email: Harrington@williamdeanechambers.com.au
9.00am-12.30pm
Friday 26th March
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 4
Leases Update
Part I
The Ins and Outs of the Retail Leases Act 1994
There are intricacies in the Act and in the Administrative Decisions Tribunal's
interpretation of the Act. In this session Anthony Herro will introduce you to
the important concepts and intentions of the Act and how the Tribunal has
interpreted particular provisions. There will be case studies and pointers given
on how best to protect your clients, whether they are landlords or tenants. Time
will be available to discuss participant's particular areas of concern so the
collective wisdom of the group can contribute to a greater understanding for
everyone.
Part II
Mediation of Retail Lease and Bond Disputes / Updates to the Act
Mediation under the Act is managed by the Retail Tenancy Unit, which has
recently become part of Fair Trading, in the Department of Services, Technology
and Administration. Candace Barron will explain the services provided by the
Unit and strategies for productive participation in mediation will be the topic
of this discussion. As red tape is an important Government initiative,
participants will have the opportunity to raise issues they would like to see
addressed in relation to the retail leasing industry. Legislative changes that
impact on the retail leasing industry will also be discussed.
Presenters
Mr. Anthony Herro
Principal
Herro Solicitors
Phone: 9247 0100 Email: Anthony@herro.com.au
Ms. Candace Barron
Registrar
Fair Trading/Retail Tenancy Unit
Department of Fair Trading
Phone: 9895 0111 Email: candace.barron@services.nsw.gov.au
9.00am-12.30pm
Friday 26th March
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 5
Online Case Citators - What lawyers need to know
Mandatory CLE Session
A vital skill for all lawyers is to be able to quickly and accurately keep up to
date with the law. Case citators are an essential tool for this task. Recently
there has been the release of several free online case citators. These enter
into a market of subscription based case citators that have over the years
migrated to the internet.
This hour long session will lead you though the good, the bad and the
interesting new offerings from a selection of citators, both free and
subscription. You will also be shown some of the inner workings of the citators
so that you can get the best results for any citator that you use.
Fabian Horton is a practicing solicitor and director of ConnectLaw, a company
that supplies legal research to the legal profession. He has extensive
experience in legal technologies and online legal applications. He was
previously the Training Officer for the Australasian Legal Information Institute
(AustLII). And he has lectured at UNSW, UTS and La Trobe Universities in legal
research and continues to present seminars on the subject across Australia.
This session satisfies the Professional Skills requirement of Rule 42 of the
Solicitors' Rules.
Presenters
Mr. Phil Banister (Chair)
Principal
Phil Banister Pty Limited Solicitors
Phone: 9899 1169 Email: lawyers@philbanister.com.au
Mr. Fabian Horton
Solicitor ConnectLaw
Phone:03 5021 6237 Email: fabian@connectlaw.com.au
10.15am-11.15am
Friday 26th March
Claimable CLE Units 1
Cost $100 GST $10 Total incl GST $110
Session 6
The Ethics of Client Legal Privilege
Mandatory CLE Session
The ability of lawyers to communicate with their clients secure in the knowledge
that neither lawyer nor client can be compelled to disclose the substance of the
communication has been described as fundamental to the functioning of our legal
system. However, client legal privilege raises important ethical issues in
circumstances where either lawyer or client may seek to use the privilege as a
cloak for fraud, or where the client seeks to "rent" the privilege as a means of
protecting the fruits of the client's investigations from regulators or other
interested parties.
This session will allow you to identify the ethical issues involved in the
proper (or improper) invocation of client legal privilege, and to ensure the
fullest extent of protection for your (and your client's) communications, as
well as providing you with strategies for testing claims to privilege made by
others.
Angus Macinnis is a senior associate in the Commercial Group at DibbsBarker,
where he practices primarily in employment law. He has considerable experience
in the conduct of investigations in relation to occupational health and safety,
harassment and discrimination complaints, and conducts litigation in the
District, Supreme and Federal Courts as well as the specialist tribunals which
deal with employment and anti-discrimination matters. He has been a regular
presenter at the NSW State Legal Conference for the last ten years.
This session satisfies the Ethics and Professional Responsibility requirement of
Rule 42 of the Solicitors' Rules.
Presenters
Mr. Phil Banister (Chair)
Principal
Phil Banister Pty Limited Solicitors
Phone: 9899 1169 Email: lawyers@philbanister.com.au
Mr. Angus Macinnis
Senior Associate
DibbsBarker
Phone: 8233 9627 Email: Angus.Macinnis@dibbsbarker.com
11.30am-12.30pm
Friday 26th March
Claimable CLE Units 1
Cost $100 GST $10 Total incl GST $110
Session 7
Making Profits in Changing Times
Martin Grunstein is one of Australia's most sought after speakers on Outstanding
Customer Service. He has worked with over 500 Australian companies across more
than 100 industries.
In his presentation tailored especially for the legal profession, you will
learn:
1. How your clients make purchasing decisions about the use of legal services.
How that is different in the current economic environment and how to take
advantage of that in your practice.
2. Reasons for your clients to choose to deal with you and your firm which have
nothing to do with price;
3. Alternatives to discounting on fees that keep your bottom line healthy.
4. The difference between recognition and bribery.
5. What creates loyalty and referral in legal work and what doesn't.
6. An on-going client recognition program to generate loyalty and referral
business.
After the session refreshments will be served and attendees will be able to
discuss issues with Martin Grunstein in a relaxed atmosphere. Find out more
about Martin Grunstein at www.martingrunstein.com.au
This session is proudly sponsored by LEAP Legal Software and LEAP clients are
invited to attend the session free of charge; however, registration is
essential.
Presenter
Mr. Martin Grunstein
Customer Service Expert
Phone: 9662 3322 Email: martin@martingrunstein.com.au
2.30pm-4.30pm
Friday 26th March
Claimable CLE Units 2
Cost: $250 GST $25 Total incl GST $275
Session 8
Regulation 176 - Do you comply with the Regulation?
Mandatory CLE Session
Regulation 176 of the Legal Profession Regulations requires all practitioners to
undertake a course of CLE that deals primarily with the practice of law and
covers EEO, the law relating to discrimination and harassment, occupational
health and safety and employment law, every three years. When did you last
undertake a course that complies with this mandatory requirement?
Julie Mills has been presenting seminars that comply with the mandatory
requirement since it was first introduced and regularly trains clients on EEO
related issues. This session has a strong practical element with case examples
relevant to the practice of law. It focuses on the rights and obligations of
both employees and employers, making this session equally valuable for both
employed solicitors and principals of law firms.
This session satisfies the EEO, Discrimination and OH&S requirement of
Regulation 176 Legal Profession Act as well as the Practice Management and
Business Skills requirement of Rule 42 of the Solicitors' Rules.
Presenters
Mr. Anthony Lo Surdo (Chair)
Barrister-at-Law
12 Wentworth Chambers
Phone: 9223 3181 Email: losurdo@12thfloor.com.au
Ms. Julie Mills
Senior Associate
Blake Dawson Phone: 9258 6761 Email:
julie.mills@blakedawson.com
1.30pm-2.30pm
Friday 26th March
Claimable CLE Units 1
Cost $100 GST $10 Total incl GST $110
Session 9
Recent Developments in Strata and Community Schemes and the Proposed Changes to
the Community Schemes Legislation
This session will consider:
- Changes to unit entitlements
- Exclusive use and special privilege by-laws
- Development contracts
- Management contracts
There have been recent important judicial considerations of these and other
important areas as they relate to the development and operation of strata and
community schemes. The take out from this session will be some helpful tips that
practitioners need to consider when acting for developers and operators of these
schemes. Included will be a consideration of the impact of the most recent
changes to the Strata Schemes legislation.
The Community Land Development Act has had only minor amendments made to it
since its introduction and is due for review. The session will also consider
proposed amendments to the legislation that will:
- Enable land to be added to a community scheme
- Update the existing provisions dealing with development contracts
- Enable community or precinct association property to be subdivided or created
by registration or a community or precinct plan of subdivision
- Provide a mechanism for amalgamating subsidiary schemes.
Presenters
Mr. Bob Browne
Robert J Brown Solicitor
Phone: 0418 290 311 Email: bob.brownelawyer@ozemail.com.au
Ms. Leanne Hughes
Director of Policy
Land and Property Management Authority
Phone: 9228 6669 Email: Leanne.Hughes@lpma.nsw.gov.au
1.30pm-5.00pm
Friday 26th March
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 10
Professional Negligence
In this session, chaired by Howard Harrison, Ben Zipser will speak about a
framework of professional liability claims. The presentation will provide an
overview of professional liability claims, including common law and statutory
causes of action and their elements, and defences.
David Lloyd will discuss the liability of professionals in mortgage lending
cases.
Angela Petrie will address legal aspects of pharmacists' practice.
Julia Lonergan will present a paper on "Loss of chance of a better medical
outcome- Tabet v Gett ", she will address the issues involved in the case, which
was heard in the High Court in November 2009, and their significance in medical
negligence cases. Lesley Whalan will speak about: Section 5 O of the Civil
Liability Act 2002 and determining what's irrational".
Presenters
Mr. Howard Harrison, (Chair)
Managing Partner
Carroll & O'Dea
Phone: 9291 7100 Email: Howard_Harrison@codea.com.au
Mr. David Lloyd
Barrister-at-Law
12th Floor Selborne/Wentworth Chambers
Phone: 9232 4272 Email: davidlloyd@12thfloor.com.au
Ms. Angela Petrie
Barrister-at-Law
Henry Parkes Chambers
Phone: 9264 6665 Email: angela.petrie@henryparkes.com.au
Ms. Julia Lonergan
Barrister-at-Law
12th Floor Selborne/Wentworth Chambers
Phone: 9221 5140 Email: jlalonergan@12thfloor.com.au
Ms. Lesley Whalan
Barrister-at-Law
Frederick Jordan Chambers
Phone: 9229 7333 Email: lesley.whalan@fjc.net.au
Mr. Ben Zipser
Barrister-at-Law
Fifth Floor Selborne Chambers
Phone: 9231 4560 Email: bzipser@selbornechambers.com.au
1.30pm-5.00pm
Friday 26th March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 11
Communication Skills -
Understanding your client and ensuring that your client understands you
Mandatory CLE Session
Communication is the heart of what lawyers do - and when we don't do it well,
client dissatisfaction (and worse) will be the result. This session will
identify the key areas of difficulty in client communications, and challenge
your thinking about the way you identify and navigate through those difficult
areas.
Piny Ly is a lawyer in DibbsBarker's Mergers and Acquisitions Group. She
regularly advises clients on their commercial and M&A activities. Her recent
experience includes co-ordinating the strategic planning of transactions,
advising on all facets of acquisitions and disposals. As part of the European
Desk at DibbbsBarker, Piny Ly also advises international clients on establishing
and expanding their businesses in Australia.
This session satisfies the Professional Skills requirement of Rule 42 of the
Solicitors' Rules.
Presenters
Mr. Anthony Lo Surdo (Chair)
Barrister-at-Law
12 Wentworth Chambers
Phone: 9223 3181 Email: losurdo@12thfloor.com.au
Ms. Piny Ly
Senior Associate
DibbsBarker
Phone: 8233 9599 Email: piny.ly@dibbsbarker.com
2.45pm-3.45pm
Friday 26th March
Claimable CLE Units 1.
Cost: $ 100 GST $10 Total incl GST $110
Session 12
Ethical Issues in Litigation
Mandatory CLE Session
This session will address two ethical areas of vital importance to anyone who
conducts any litigation as part of their practice. The first part of the session
will focus on the ethics of dealing with witnesses and how to understand the
distinction between legitimate preparation and illegitimate coaching. The second
part of the session will deal with personal costs orders against legal
practitioners and will enable you to understand how not to be the subject of
such an order, and to identify the ethical issues which arise in seeking such an
order.
Claire Mallon is an Associate in DibbsBarker's Insurance Group. She is a
litigator with 12 years experience in areas including compulsory third party,
product liability, employer's liability, public liability, dust diseases, trade
practices, construction, medical negligence and professional indemnity. She has
practiced in Perth, London and, for the past 5 years, in Sydney.
This session satisfies the Ethics and Professional Responsibility requirement of
Rule 42 of the Solicitors' Rules.
Presenters
Mr. Anthony Lo Surdo (Chair)
Barrister-at-Law
12 Wentworth Chambers
Phone: 9223 3181 Email: losurdo@12thfloor.com.au
Ms. Claire Mallon
Senior Associate
DibbsBarker
Phone: 8233 9500 Email: Claire.mallon@dibbsbarker.com
4.00pm-5.00pm
Friday 26th March
Claimable CLE Units 1.
Cost: $100 GST $10 Total incl GST $110
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 aim, it 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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