The New South Wales State Legal Conference
ABN 27 085 880 164
SMC Conference Centre,
The Corner of Goulburn and Castlereagh Streets, Sydney
March 2012 Legal Conference
General Information |
Conference at a Glance |
Registration
Friday 23 | Monday 26
| Tuesday 27 |
Wednesday 28 |
Packages
Friday 23rd March
- 1) 9.00am-12.30pm Practising Law with a Multicultural Clientele | MCLE 3
- 2) 9.00am-10.00am What You Need to Know about Intellectual Property |
MCLE 1
Satisfies the Professional Skills requirements of Rule 42
- 3) 9.00am-12.30pm Leases Update | MCLE 3
- 4) 9.00am-5.00pm Practising Family Law
| MCLE 6
- 5) 10.15am-11.15am Practice Management Fundamentals | MCLE 1
Satisfies the Practice Management and Business Skills requirements of Rule
42
- 6) 11.30am-12.30pm Ethical Issues Lawyers Ask About | MCLE 1
Satisfies the Ethics requirements of Rule 42
- 7) 1.30pm-5.00pm Immigration Law Update | MCLE 3
- 8) 1.30pm-2.30pm Regulation 176 - Do you Comply with the Regulation? | MCLE 1
Satisfies the Practice
Management and Business Skills requirements of Rule 42
- 9) 1.30pm-2.30pm Drafting Skills for Property Lawyers | MCLE 1
Satisfies the Professional Skills requirements of Rule 42
- 10) 2.45pm-3.45pm Identification and Preparation of Evidence | MCLE 1
Satisfies the Professional Skills requirements of Rule 42
- 11) 2.45pm-3.45pm Ethical Issues for Property Lawyers | MCLE 1
Satisfies the Ethics requirements of Rule 42
- 12) 4.00pm-5.00pm Ethics - Solicitors' Rules Revisited | MCLE 1
Satisfies the Ethics requirements of Rule 42
- 13) 4.00pm-5.00pm Risk Management for Property Lawyers | MCLE 1
Satisfies the Practice Management and Business Skills requirements of Rule
42
Session 1
Practising Law with a Multicultural Clientele
Australia's population is experiencing dramatic shifts in its demographic
profile. Questions about cultural difference have provoked much discussion among
those working within the legal system.
This session will provide an overview of some of the key issues and challenges
and in particular seek to provide practical suggestions and strategies in
relation to effective practice with a diverse multicultural clientele including:
- Understanding culture and its impact on behaviour
- Assessing the impact of torture and trauma - the specific experiences of
refugee and humanitarian clientele
- Communication challenges
- Understand verbal and non-verbal
communication
- The Multilingual Context in Law - Interpreters and Code Switching
- Tailoring communication to accommodate language and cultural differences
- The experiences of a 30 year multicultural legal practice
- Ethical issues that arise in multicultural matters will also be
addressed
Presenters: Mr. Ernie Schmatt (Chair) Chief Executive Judicial Commission of New South Wales Phone: 9299 4421 Email:
eschmatt@judcom.nsw.gov.au
Mr. Stepan Kerkyasharian AM Chairman Community Relations Commission Phone: 8255 6767 Email:
beverley.bell@crc.nsw.gov.au
Ms. Maria Dimopoulos Myriad Consultants Phone: 03 9315 0902 Email:
myriad@myriadconsultants.com.au
Associate Professor Ludmila Stern Head, School of Languages and Linguistics The University of New South Wales Phone: 9385 2382 Email:
l.stern@unsw.edu.au Mr. Maurice Marshan Principal Maurice Marshan Solicitor Phone: 9713 2111 Email:
mmarshanlawyer@aanet.com.au
Ms. Kerrie Henderson University Policy Manager University of Sydney Member of the Ethics Committee, The Law Society of New South Wales Phone: 9036 9049 Email:
kerrie.henderson@sydney.edu.au
9.00am-12.30pm Friday 23rd March Claimable CLE Units 3 Cost $236.36 GST $23.64 Total Incl. $260
Session 2
What you need to know about intellectual property when you don't need to know
about intellectual property
Mandatory CLE Session
You may not consider yourself an intellectual property lawyer, but if you act in
the sale and purchase of businesses, or if your clients retail, wholesale,
import or export goods, then you need to know about intellectual property law.
Equally, lessons learned in hard-fought intellectual property litigation (such
as the recent litigation between Apple and Samsung) have application in other
areas of legal practice.
This session will give you the skills to identify the intellectual property law
issues which arise for lawyers who don't practice in the area, with particular
emphasis on practical drafting, interpretation, and enforcement skills.
Stuart Green is a trade mark specialist and Senior Associate in DibbsBarker's
Intellectual Property and Technology group who provides advice on the
registration of trade marks, trade mark prosecution and oppositions, the
management of large multinational and Australian trade mark portfolios and trade
mark audits.
Melissa McGrath is a Senior Associate in DibbsBarker's Intellectual Property and
Technology Group and a specialist IP litigator. Her practice covers all areas of
intellectual property with a particular emphasis on trade mark and patent
litigation. In relation to Patents, Melissa has acted for both innovators and
generic manufacturers, on a range of subject matter from wood screws to
pharmaceutical compounds. Melissa also has experience in the protection of
confidential information, both within Australia, and internationally.
This session satisfies the Professional Skills requirements of Rule 42 of the
Solicitors' Rules
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb & Co
Phone: 9222 1500
Email: charles@xuereb.com.au
Ms. Melissa McGrath
Senior Associate
DibbsBarker
Phone: 8233 9500
Email: melissa.mcgrath@dibbsbarker.com
Mr. Stuart Green
Senior Associate
DibbsBarker
Phone: 8233 9500
Email: stuart.green@dibbsbarker.com
9.00am-10.00am
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121.00
Session 3
Leases Update
Anthony Herro will provide a dynamic overview of the key provisions of the
Retail Leases Act, including a summary of important decisions of the
Administrative Decisions Tribunal interpreting the Retail Leases Act which
should be essential for any solicitor or barrister or support staff who practice
in the area of Retail Leasing. The seminar will include case studies and tips on
how best to protect your clients, whether they be landlords or tenants.
Candace Barron, Deputy Registrar, Retail Leases Disputes, Office of the
Small Business Commissioner, will update you
on the new harmonised Lessor's Disclosure Statement that came into effect 1st
January 2011. Ms Barron will also present on the essential issues in relation to
the jurisdiction and Mediation Services at the Retail Tenancy Unit. We are
fortunate that Ms Barron is available to provide this guidance to assist lawyers
practicing in this area.
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 participating in the session.
Presenters:
Mr. Anthony Herro
Principal
Herro Solicitors
Phone: 9247 0100
Email: Anthony@herro.com.au
Ms. Candace Barron
Deputy Registrar, Retail Leases Disputes Office of the Small Business
Commissioner
Phone: 8222 4808
Email:
candace.barron@smallbusiness.nsw.gov.au
9.00am-12.30pm
Friday 23rd March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 4
Practising Family Law
The session is intended for lawyers who already have a Family Law practice and
want to update. It will also be useful for those intending to commence a Family
Law practice.
It will be conducted by LexisNexis author, Ian Serisier and valuer, Grahame
Brook. Ian Serisier is co-author of the Family Law text book, Practising Family
Law.
The session will address the following issues:
Ethics for Family Lawyers.
This is a most important topic because of the unique
ethical issues that arise in a Family Law practice. Also, there will be certain
obligations placed on lawyers if proposed amendments to the Family Law Act are
passed by Parliament.
Costs in Family Law Proceedings.
It is essential for all lawyers to have a
proper knowledge of solicitor/client costs and the requirements and obligations
of a lawyer entering into a cost agreement. The session will consider the
solicitor/client costs issues to be dealt with by the proposed national Legal
Professions Act. It will also deal with party/party costs and rule differences
between the Family Court and the Federal Magistrates Court.
Expert Witnesses and Their Evidence in Family Law Proceedings.
Family Lawyers
particularly need to have knowledge of Rules and requirements for expert
evidence. This topic is relevant to both proceedings for parenting orders and
financial orders. This segment will look at the differences in the rules for
both the Family Court and the Federal Magistrates Court in respect of expert
evidence.
"Don't ask me to value a hotel, but I can value anything else, including an
oyster lease." The presenter for this segment is Grahame Brook, an expert who is
qualified to value real estate as well as most other assets that are likely to
be part of a pool of assets in Family Law financial proceedings. He will
highlight the material needed to be included in a letter of instructions to an
expert witness and the preparation and use of appraisals where Family Court
rules permit appraisals in lieu of valuations.
Child Support.
This is an area you can't hide from in a Family Law practice.
This segment will provide a simplified explanation of all aspects of child
support from assessment and reviews of assessment of child support, child
support proceedings that can be brought in a Family Court and child support
agreements.
Personal Property Securities Act 2009 (PPSAct)
The PPS Act will commence on 31st January 2012. On 22nd November, the process of
"Migrating" security documents from various state and territiory registries
(e.g. R.E.V.S) commenced. Not only must all Family Law practitioners, who act
for clients in financial proceedings, have a proper knowledge of this new Act,
there are a number of issues arising under the legislation that are discrete to
family law financial proceedings.
Attendees at this session will be provided with the LexisNexis skills series
Family Law text book Practising Family Law.
Solicitors who participate in this session will comply with all the requirements
of Rule 42 of the Solicitors' Rules for the 2011-2012 CLE year.
Luncheon is provided with this full day session.
Presenters:
Mr. Ian Serisier
Accredited Family Law Mediator and Arbitrator
Swaab Attorneys
Phone 9233 5544
Email: ids@swaab.com.au
Mr. Grahame Brook
Managing Director
Grahame Brook & Co Pty Limited
Valuers & Consultants
Phone: 9584 9333
9.00am-5.00pm
Friday 23rd March
Claimable CLE Units 6
Cost $618.18 GST $61.82 Total incl GST $680
Session 5
Practice Management Fundamentals
Mandatory CLE Session
In this session Charles Biscoe, Principal, Practice Builders Pty Limited, will
focus on small firms and will discuss the key management principles essential to
running a profitable practice. The presentation will include a brief coverage of
business planning, financial metrics, risk management, and finding and retaining
quality staff.
This session satisfies the Practice Management and Business Skills requirements
of Rule 42 of the Solicitors' Rules
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb & Co
Phone: 9222 1500
Email: charles@xuereb.com.au
Mr. Charles Biscoe
Principal
Practice Builders Pty Limited
Phone: 0418 408 858
Email: cbiscoe@practicebuilders.com.au
10.15am-11.15am
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121.00
Session 6
Ethical Issues Lawyers Ask About
Mandatory CLE Session
In this session Linden Barnes will discuss solicitors' professional ethical
obligations, including their role as officers of the court and fiduciaries. She
will look at various cases where ethical issues have arisen for solicitors and
also common situations about which solicitors ask the Law Society's Ethics
Department for guidance.
This session satisfies the Ethical Skills and Professional Responsibility requirements of Rule 42 of the Solicitors' Rules
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb & Co
Phone: 9222 1500
Email: charles@xuereb.com.au
Ms. Linden Barnes
Ethics Lawyer
The Law Society of New South Wales
Phone: 9926 0114
Email: ethics@lawsociety.com.au
11.30am-12.30pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121.00
Session 7
Immigration Law Update
Immigration Law - Workplace Law
In this session Katie Malyon will address the interface between immigration law
and workplace law - the 457 visa. Her presentation will cover:
- Sponsoring a foreign national worker on a 457 visa
- Phases in the employment cycle and the interface between immigration and
workplace law:
- recruitment and offer of employment
- engagement issues including discrimination, retention, maternity leave,
managing sick/injured workers, LWOP, promotions
- termination including long service leave, avoiding unfair dismissal claims
- Compliance with sponsorship obligations
- DIAC audits and sanctions including the role of the Fair Work Ombudsman
The Tribunals
Antoinette Younes will give an overview of the Tribunals - the MRT and RRT
considering:
- Overview of the jurisdiction of the Migration Review Tribunal and the Refugee
Review Tribunal
- Overview of the operation of the MRT and RRT including forms and fees
- The conduct of hearings
- Procedural fairness requirements including s424A and s359A
- Making submissions to the MRT and RRT
- Leading decisions
- Tips for practitioners
The PILCH Project
Anna Roberts will discuss PILCH and the Offshore Asylum Seeker Project covering:
- The refugee definition
- Overview of the statutory scheme and how M61 changed the legal landscape
- The onshore Protection visa application process
- The offshore Protection visa application process
- Judicial review of migration decisions
- Filing and other practicalities: contacting clients in remote detention
centres; obtaining copies of relevant material; and, where and how to file
an application
Judicial Review
Nick Poynder will consider Judicial review of recommendations by Independent
Merits Reviews with a focus on:
- General principles
- Common law natural justice and "country information"
- What to look for when assessing an IMR decision for judicial review
- Recurring themes in review of IMR decisions
- Future directions
Presenters: Ms. Andrea Christie-David (Chair)
Principal Solicitor Immigration Advice and Rights Centre Phone: 9279 4300 Email:
andrea@iarc.asn.au Ms. Katie Malyon Managing Partner Katie Malyon & Associates Phone: 8247 8247 Email:
kmalyon@malyonlaw.com Ms. Antoinette Younes Special Counsel Katie Malyon & Associates Phone: 8247 8243 Email:
ayounes@malyonlaw.com Mr. Nicholas Poynder Barrister-at-Law Frederick Jordan Chambers Phone: 9229 7352 Email:
npoynder@fjc.net.au Ms. Anna Roberts Project Coordinator Public Interest Law Clearing House Phone: 9114 1793 Email:
clearinghouse9@pilch.nsw.org.au
1.30pm-5.00pm Friday 23rd March Claimable CLE Units 3 Cost $236.36 GST $23.64 Total Incl. $260
Session 8
Regulation 176 - Do You Comply with the Regulation?
Mandatory CLE Session
This session is designed to satisfy the requirements of Regulation 176 of the
Legal Profession Regulation 2005. The session has a strong practical focus and
includes case studies and examples relevant to the practice of law. It focuses
on the rights and obligations of both employees and employers which means that
this session is equally valuable for both employed solicitors and principals of
law firms.
Jennifer Goedhuys is a lawyer with Blake Dawson. She practises in all areas of
employment, industrial relations and discrimination law and has experience in
the areas of equal employment opportunity, leadership and diversity, managing
ill and injured workers and workplace investigations.
This session also 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
Phone: 9899 1169
Email: lawyers@philbanister.com.au
Ms. Jennifer Goedhuys
Lawyer
Blake Dawson
Phone: 9258 6000
Email: Jennifer.goedhuys@blakedawson.com
1.30pm-2.30pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121.00
Session 9
Drafting Skills for Property Lawyers
Mandatory CLE Session
This session will address the use of plain language drafting techniques in
documenting property transactions. The presentation will discuss the rationale
and key concepts regarding the use of plain language drafting techniques,
including choice of vocabulary, syntax, structure and usability aids, as well as
discussing some significant drafting traps highlighted by decided cases.
This session satisfies the Professional Skills requirements of Rule 42 of the
Solicitors' Rules
Presenters:
Mr. Anthony Lo Surdo SC (Chair)
Barrister-at-Law
12th Floor Selborne/Wentworth Chambrs
Phone: 9223 3181
Email: losurdo@12thfloor.com.au
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com
1.30pm-2.30pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121
Session 10
Identification and Preparation of Evidence
Mandatory CLE Session
This session is presented by Sarah Talbert who draws on her experience in
preparing both civil hearings and criminal trials as a solicitor in a commercial
law firm and at the Commonwealth Director of Public Prosecutions.
The instruction "apply the facts to the law" is one with which all lawyers will
be familiar. However, the instruction raises a number of questions. Which facts
need to be established so that they can be applied? Can all of the facts which
need to be applied be proved by admissible evidence? What is the most compelling
way to present those facts to a decision maker to get the decision that you
want?
The skills of identifying and preparing evidence are needed from first advice to
final appeal, not least because they are the central considerations in a
lawyer's ability to certify that proceedings have reasonable prospects of
success under the Legal Profession Act 2004 (NSW). This session will focus on
some of the common traps and pitfalls in the identification and preparation of
evidence, and also identify techniques which you can use in a broad range of
disputes and jurisdictions.
This session satisfies the Professional Skills requirements of Rule 42 of the
Solicitors' Rules
Presenters:
Mr. Phil Banister (Chair)
Principal
Phil Banister Pty. Limited
Phone: 9899 1169
Email: lawyers@philbanister.com.au
Ms. Sarah Talbert
Barrister-at-Law
Seventh Floor Garfield Barwick Chambers
Phone: 9224 5600
Email: smtalbert@7gbc.com.au
2.45pm-3.45pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121.00
Session 11
Ethical Issues for Property Lawyers
Mandatory CLE Session
Tony Cahill will raise a number of ethical dilemmas frequently confronted by
practitioners in real estate transactions, covering topics such as the use of
rebates in vendor-purchaser transactions; disclosure obligations; conflicts of
interest and "side agreements" at auctions.
This session satisfies the Ethical Skills and Professional Responsibility requirements of Rule 42 of the Solicitors' Rules
Presenters:
Mr. Anthony Lo Surdo SC (Chair)
Barrister-at-Law
12th Floor Selborne/Wentworth Chambrs
Phone: 9223 3181
Email: losurdo@12thfloor.com.au
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com
2.45pm-3.45pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121
Session 12
Ethics - Solicitors' Rules Revisited
Mandatory CLE Session
When did you last look at the Revised Professional Conduct and Practice Rules
1995? (Indeed, did you know that the Solicitors' Rules had a long title?) For
some lawyers, the answer might be "when I was considering my own ethical
obligations", for others, to answer the question, "Surely my opponent can't
behave like that?" For other lawyers, the answer might be , "Good question, but
it was a long time ago".
If it has been a while since you revisited the Solicitors' Rules, this session
will bring you back up to speed. The session will highlight those Rules which
are most often the subject of dispute, with a particular focus on recent
decisions in which failure to comply with the Solicitors' Rules (and their
equivalents in other jurisdictions) have lead to disciplinary action.
Angus Macinnis is a Senior Associate in the Commercial Group at DibbsBarker,
Sydney, where he practices in dispute resolution with a focus on employment law.
He has been presenting seminars at the State Legal Conference for more than ten
years.
This session satisfies the Ethical Skills and Professional Responsibility requirements of Rule 42 of the Solicitors' Rules
Presenters:
Mr. Phil Banister (Chair)
Principal
Phil Banister Pty. Limited
Phone: 9899 1169
Email: lawyers@philbanister.com.au
Mr. Angus Macinnis
Senior Associate
DibbsBarker
Phone: 8233 9627
Email: Angus.Macinnis@dibbsbarker.com
4.00pm-5.00pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121
Session 13
Risk Management for Property Practitioners
Mandatory CLE Session
In this presentation Tony Cahill will focus on risk management and its
implications for property lawyers. The session will address several of the key
principles of risk management, and then focus on identification of hazards in
legal practice generally, and in specific "risk-filled" areas of property
practice.
This session satisfies the Practice Management and Business Skills requirements
of Rule 42 of the Solicitors' Rules
Presenters:
Mr. Anthony Lo Surdo SC (Chair)
Barrister-at-Law
12th Floor Selborne/Wentworth Chambrs
Phone: 9223 3181
Email: losurdo@12thfloor.com.au
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com
1.30pm-2.30pm
Friday 23rd March
Claimable CLE Units 1
Cost $110.00 GST $11.00 Total incl GST $121
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