The New South Wales State Legal Conference -
The next conference will be over four days in 2009: Thursday
26th, Friday 27th, Monday 30th, and Tuesday 31st March.The
full March 2009 Conference Program will be available for
viewing early in 2009.

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The New South Wales State Legal Conference
ABN 27 085 880 164
SMC Conference Centre,
Cnr Goulburn and Castlereagh Streets,
Sydney. N.S.W.
August 2008 Conference
General Information |
Conference at a Glance |
Speakers
Wednesday 20th |
Thursday 21st |
Friday 22nd |
Registration
Wednesday 20th August
Packages available for this day
Please note: you are able to register for a full day package, or
individual sessions.
A) 9.00am-5.00pm Property Law Package I Session 1 | MCLE: 6
B) 9.00am-5.00pm Personal Injury Package I Sessions 2&6 | MCLE: 6
C) 9.00am-5.00pm Industrial Reform/OH&S Package Sessions 3&7 | MCLE: 6
Session 1
Practical Problems in the Sale of Land
Dealing with conveyancing difficulties for vendor and purchaser during the
transaction. This is a full day Package and includes luncheon.
The purpose of the this recently revised seminar is to highlight the
responsibility of solicitors and conveyancers in the sale of land, how to
cope and how to prevent loss.
In covering the conduction of conveyancing transactions the seminar
addresses the deposit, instalment contracts, purchase in occupation before
completion, vendor remaining in occupation after completion, insurance and
passing risk. The session will address parties' activities under special
conditions in contract, rescission for breach of vendor disclosure and
breach of warranty as well as claims by purchasers under Clause 7,
termination or rescission because of claims and vendor's reliance on Clause
8.
The seminar will also address problems during the transactions e.g. defects
in quality, title defects, legality of structures and their use., the
position of structures, the land tax saga and other problems.
Disputes, termination and remedies will also be covered. This includes
professional responsibilities, negotiated resolution of disputes, the choice
between specific performance and damages and remedies.
Finally, the seminar will address enforcing and terminating contracts for
the sale of land.
Presenter:
Mr. Andrew Lang OAM
Legal Author
9.00am-5.00pm
Wednesday 20th August
Claimable CLE Units 6
Cost $440 GST $44 Total incl GST $484
Session 2
Changes to the Motor Accidents Compensation Act. Part 1
The Motor Accidents Compensation Amendment (Claims and Disputes Resolution)
Act is to commence on 1st October 2008. The changes made to CARS and MAS
will impact on both claimants and insurers. The presenters at this session
will cover the changes in detail, including the new Special Assessments and
the new Guidelines. Geoffrey Adelstein and Denis Mockler will address
changes to CARS. Dr. David Bowers will cover MAS changes and assessments.
Geraldine Daley will speak on case management and privilege while Terence
Stern will address psychiatric claims.
Presenters:
Mr. Allan Cowley (Chair)
Partner,
S&P Lawyers
Phone: 1300 277 000
Email: allan.cowley@splawyers.com.au
Mr. Geoffrey Adelstein
CARS Assessor
Partner
Diamond Conway
Phone: 9222 8000
Email:
geoffreya@diamondconway.com.au
Mr. Denis Mockler
CARS Assssor
Principal
Stewart Cuddy & Mockler
Phone: 9211 1005
Email: dmockler@scm.com.au
Dr. David Bowers
MAS Assessor
Rehabilitation Specialist
Phone: 9439 7777
Email: dbowers@bigpond.net.au
Ms. Geraldine Daley
CARS Assessor
Partner
Colin Daley Quinn
Phone: 8566 2400
Email: g.daley@cdq.com.au
Mr. Terence Stern
CARS Assessor
Principal
Terence Stern
Phone: 9387 8986
Email: tstern1@bigpond.com
9.00am-12.30pm
Wednesday 20th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 3
Industrial Reforms Update - What Lawyers Need to Know
This session will address the following issues in light of the Labor
Government's reforms to IR law:
- How Labor will create a uniform industrial relations system;
- The role of 'Fair Work Australia' in the new legislative landscape;
- Labor's Ten Guaranteed Minimum Employment Standards;
- The simplification of Awards and the "no-disadvantage test";
- The abolishment of all AWAs, the Modification of Collective Agreements and
negotiating in "good faith";
- The broader scope of the new unfair dismissal laws
- Recent termination cases.
Presenters:
Mr. Michael Byrnes
Special Counsel
Clayton Utz
Phone: 9353 4723
Email: mbyrnes@claytonutz.com
Mr. Simon Brown
Solicitor
Clayton Utz
Phone: 9353 4000
Email: sbrown@claytonutz.com
9.00am-12.30pm
Wednesday 20th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 4
Costs Update
In this session, chaired by Stephen Bowers, Judge Peter Johnstone will
address Costs Appeals to the District Court. Appeals on costs from the costs
assessment system now go to the District Court. These matters will be case
managed in a separate list by Judge Johnstone in conjunction with the
Professional Negligence List. In this session the judge explains how the
List is managed and what the Court expects from practitioners and parties in
this area.
Barrister, Michelle Castle, will consider Costs Orders against practitioners
personally.
Kerri Rosati and Anna Cox will give an overview of changes to Family Court
costs and in particular what happens to Cost Agreements in Family Court
matters entered into before 1st July 2008. Among other things they will also
consider preparing a Cost Agreement and Disclosure Letter in Family Court
and Federal Magistrate's Court proceeding after 1st July 2008. They will
also consider party/party cost orders in the Federal Magistrate's Court and
party/party cost orders in proceedings transferred from the NSW Supreme
Court to the Family Court as well as costs orders/cost regime in proceeding
s transferred between the Federal Magistrate's Court and the Family Court.
John Sharpe will conclude the session with a review recent cases and
decisions.
Presenters:
Mr. Steve Bowers (Chair)
Bowers & Bowers
Phone: 0417 906 298
Email: sjbowers@optusnet.com.au
His Honour Judge Peter Johnstone
District Court of New South Wales
Phone: 9377 5555
Ms. Michelle Castle
Barrister at Law
4 Selborne Chambers
Phone: 9231 4988
Email: mcastle@4selborne.com.au
Ms. Kerrie Rosati
Managing Director
D. G. Thompson Pty Limited
Phone: 9977 9200
Email: kerri.rosati@dgt.com.au
Ms. Anna Cox
Senior Costs Consultant
D. G. Thompson Pty Limited
Phone: 9977 9200
Email: anna.cox@dgt.com.au
Mr. John Sharpe
Barrister at Law
Elizabeth Street Chambers
Phone: 9335 5375 Email: sharpe@estc.net.au
9.00am-12.30pm
Wednesday 20th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 5
Insurance Law
In this Insurance Law session, chaired by Wendy Blacker, the keynote
presentation will be delivered by Justice David Hammerschlag.
Ray Giblett, Partner, will address full disclosure. Together with s54 of the
Insurance Contracts Act, the insured's duty of disclosure is arguably one of
the most judicially considered aspects of insurance law. Although one may be
tempted to assume that all aspects of the duty are effectively settled,
cases continue to arise raising new issues for judicial consideration. In
this session Ray Giblett will consider recent judicial pronouncements on an
insured's duty of disclosure and corresponding "known circumstance"
exclusions.
Stephen Walsh, Barrister, will consider pitfalls of Section 6: recurrent
issues and problems in enforcing the charge on insurance monies. In addition
to the problem with s 6 and claims made policies, there are some interesting
issues involving the extent to which the insurer is bound by a settlement
reached between the insured and a third party claimant to which the insurer
was not a party. Stephen Walsh will explore these issues.
Rory O'Connor, Senior Associate, will review recent decisions on
proportionate liability. Paul Baram, Partner, will provide an update on Dual
Insurance.
Presenters:
Ms. Wendy Blacker (Chair)
Partner
Gadens Lawyers
Phone: 9931 4999
Email: wblacker@nsw.gadens.com.au
His Honour, Justice David Hammerschlag
Supreme Court of New South Wales
Phone: 9230 8111
Mr. Ray Giblett,
Partner
Gadens Lawyers
Phone: 9931 4999
Email: rgiblett@nsw.gadens.com.au
Mr. Stephen Walsh
Barrister-at-Law
Edmund Barton Chambers
Phone: 9220 6100
Email: swalsh@ebc44.com
Mr. Rory O'Connor
Senior Associate
Gadens Lawyers
Phone: 9931 4999
Email: roconnor@nsw.gadens.com.au
Mr. Paul Baram
Partner
Deacons
Phone: 9330 8000
Email: paul.baram@deacons.com.au
9.00am-12.30pm
Wednesday 20th August
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 6
Changes to the Motor Accidents Compensation Act Part II
Important topics including Non-Economic Loss, Liability, Special
Assessments, Recent Cases and Catastrophic Claims (including Lifetime Care
and Support Scheme) are discussed in detail by the session's expert panel.
There will also be an opportunity to ask the panel questions about all
matters arising out of the Act and the amendments.
Richard Buckley will address non-economic loss, while Terry Broomfield will
consider liability. Garry Patterson will speak on special assessment while
Peter Hunt will review recent cases. Catastrophic claims will be addressed
by Richard Royle.
Presenter:
Mr. Scott Roulstone (Chair)
Junior Vice President, The Law Society of New South Wales
Partner
Keddies Lawyers
Phone: 9264 9722
Email: s.roulstone@keddies.com.au
Mr. Richard Buckley
CARS Assessor
Partner
McLaughlin & Riordon
Phone: 9223 2411
Email: rb@mclaughlin.com.au
Mr. Terry Broomfield
Partner
Everingham Solomons
Phone: 6766 1066
Email: tbroomfield@eversol.com.au
Mr. Gary Patterson
CARS Assessor
Partner
Shore McDonald
Phone: 9264 9111
Email: gpatterson@shoremcdonald.com.au
Mr. Peter Hunt
CARS Assessor
Partner
Curwoods Lawyers
Phone: 9231 4166
Email: peter.hunt@curwoods.com.au
Mr. Richard Royle
Barrister-at-Law
Sir Owen Dixon Chambers
Phone: 9373 7477
Email: rroyle@sirowendixon.com.au
1.30pm - 5.00pm
Wednesday 20th August
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 7
Occupational Health & Safety
This session will address three major areas of occupational health and
safety:
1) OH&S under the new Labor Government: what are the changes and what is the
impact for businesses which operate in more than one state or territory?
2) Update on directors liability and implementing a management system to
demonstrate due diligence.
3) Update on the extent of liability arising from an unsafe workplace:
- recent case law authority concerning an employer's duty of care to
employees and an employer's vicarious liability for the actions of
employees,
- consideration of how employers provide a safe working environment and
minimise their liability by preventing safety risks from occurring in
workplaces.
Presenters:
Ms Katherine Morris
Senior Associate
Corrs Chambers Westgarth
Phone: 9210 6500
Email: katherine.morris@corrs.com.au
Mr. Michael Selinger
Senior Associate
Holding Redlich
Phone: 9234 4444
Email: michael.selinger@holdingredlich.com.au
Mr. Stephen Trew
Partner
Holding Redlich
Phone: 9234 4444
Email: Stephen.trew@holdingredlich.com.au
1.30pm-5.00pm
Wednesday 20th August
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 8
The Advocacy Role of the Collaborative Lawyer
Collaborative lawyers represent their client as legal advisor and advocate
in integrated problem solving negotiations.
Neil Jackson's advocacy skills as a Barrister are enhanced by his experience
as a NSW Supreme Court mediator and Arbitrator. Lorraine Lopich,
Collaborative Lawyer/Mediator has recently returned from the UK and North
America. During her trip she presented at the second European Collaborative
Practice Conference in Cork and attended presentations on recent overseas
research, development and practice in collaborative practice.
In this interactive session Neil Jackson and Lorraine Lopich will combine
their knowledge and experience to provide an overview of collaborative law
skills and procedure as well as the ethics of collaborative law.
The session meets the continuing professional education requirements of
Collaborative Professionals (NSW) Inc.
Presenters:
Ms. Lorraine Lopich
Partner
Lopich Lawyers
Phone: 1300 783 634
Email: lorraine@lopichlawyers.com.au
Mr. Neil Jackson
Barrister-at-Law
Frederick Jordan Chambers
Phone: 9229 7333
Email: neilsjackson@yahoo.com.au
1.30pm-5.00pm
Wednesday 20th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 9
Accounting for Law Firms
Traditionally, accounting procedures and systems have been a constant
struggle for law firms. Legal Software vendors design their packages around
the requirements of a legal practice, whilst accountants on the other hand,
have their own preferred accounting industry standard systems.
LEAP has bridged this gap using innovative software design technology,
simplicity of use and compliance with legal statutory obligations. This
integrated solution provides an environment in which partners, fee earners,
paralegals, support staff and accountants can all benefit.
This session will include:
- Overview of LEAP Accounting
- LEAP Timesheet (time record "as you go")
- Billing, and easy invoice generation
- Managing disbursements & anticipated disbursements
- NSW Law Society Certified Trust Accounting including new regulation
changes and end of month procedures
- Controlled money
- Legal Specific Reporting, including fee earner and departmental overviews,
WIP, debtors and disbursements
- Intelligent business analysis reporting
- LEAP Accounting and MYOB Link
In this session we will demonstrate how you can easily maintain your
Accounting and Statutory trust records. This session is designed for firms
interested in the latest innovation in accounting software solutions for
efficiency, simplicity, and a reduction of back office administration.
Sponsored by LEAP.
Presenters:
Ms. Yvette Kulish
Senior Product Consultant
LEAP Legal
Phone: 8273 7588
Email: yvette.kulish@leap.com.au
Mr. Nick Hugo-Hamman
Product Consultant
LEAP Legal
Phone: 8273 7588
Email: nick.hugo-hamman@leap.com.au
1.30pm-3.00pm
Wednesday 20th August
Claimable CLE Units 1.5
FREE LEAP SESSION
Session 10
Become a Highly Paid Legal Author!
When Henry Ford doubled the wages of all his factory workers, he not only
created happy workers he created an entire middle class that could afford to
buy his cars!
When LEAP Publishing started giving 50% of publishing revenue to authors
instead of the very small amount traditionally paid by legal publishers we
created a revolution where successful practising lawyers can earn additional
fees being a contributing LEAP Publishing author . This created an entirely
new class of legal publication that is provided in a practical commercial
way and is not overly academic or complicated.
LEAP also combined publishing with Australia's most widely used automated
precedent bank and on line updating mechanism. This created a revolution in
integrated legal publishing and automated precedents.
If you are a successful lawyer or author in any area and would like to also
contribute practical legal publications such as precedents, practice guides
or commentary while raising your profile and potentially making money then
come to this free session.
Presenter:
Mr. Marin Sardelic
LEAP Publishing manager
Phone: 8273 7512
Email: marin.sardelic@leap.com.au
3.30pm-5.00pm
Wednesday 20th 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 aim, it reserves the right to make changes to the
program.

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