Australian Legal Conferences in March & August every year - The NSW State Legal Conference is your MCLE solution in 2010

NSW State Legal Conference

NSW State Legal Conference
NSW State Legal Conference
NSW State Legal Conference
 
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


MCLE

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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:

Leap OfficeSmokeBall

 

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