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
Monday 26th March 2012
- 14) 9.00am-12.30pm Industrial Law Update - The Fair Work Act
| MCLE 3
- 15) 9.00am-12.30pm Strata Titles Legislation - Glitches, Fixes and an Overhaul
| MCLE 3
- 16) 9.00am-12.30pm Liquor and Gaming Licensing | MCLE 3
- 17) 9.00am-12.30pm Commercial Contracts Update
| MCLE 3
- 18) 9.00am-12.30pm Civil Liability Update | MCLE 3
- 19) 9.00am-12.30pm Elder Law - End of Life Decisions
| MCLE 3
- 20) 9.00am-5.00pm Online Legal Research | MCLE 6
^^ Numbers are limited for this session
- 21) 1.30pm-5.00pm Occupational Health & Safety Update
| MCLE 3
- 22) 1.30pm-5.00pm Local Government Law Update | MCLE 3
- 23) 1.30pm-5.00pm Criminal Law Update
| MCLE 3
- 24) 1.30pm-5.00pm Commercial Litigation Update | MCLE 3
- 25) 1.30pm-5.00pm Insurance Law Update
| MCLE 3
- 26) 1.30pm-5.00pm Will Drafting for Lawyers | MCLE 3
Session 14
Industrial Law Update - The Fair Work Act
Joe Catanzariti and Michael Byrnes will address the following issues in their
presentations:
- Developments in enterprise bargaining under The Fair Work Act
- Permitted content in enterprise agreements
- Developments in good faith bargaining provisions and industrial action
- The impact and use of bargaining orders
- The burgeoning remedy of adverse action
- Latest in unfair dismissal
- The impact of the "genuine redundancy exception" to unfair dismissal on
employee protections and employers ability to make redundancies
- The continuing availability of 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 4000 Email:
mbyrnes@claytonutz.com 9.00am-12.30pm Monday 26th March Claimable CLE Units 3 Cost $236.36 GST $23.64 Total Incl. $260
Session 15
The Strata Titles Legislation: Glitches, Fixes and an Overhaul
The Strata Titles legislation had its last major review in 1993. Since that
time, those heavily involved in the industry have identified many parts of the
legislation which need to be changed or updated. Michael Allen and Bob Browne
will consider some provisions of the legislation which do not work or do not
work well or have fallen behind the times. They will also discuss ways to work
around some of the difficulties arising from the legislation and outline their
thoughts on the substantial review announced by the NSW Government on 14
December, 2011.
Presenters:
Mr. Bob Browne
Robert J Browne Solicitor
Phone: 9484 0369
Email: bob.browne@ozemail.com.au
Mr. Michael Allen
Director
Allen Partners Pty Limited
Phone: 9029 2513
Email: michaelallen@allenpartners.net
9.00am-12.30pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 16
Liquor and Gaming Licensing
In this session, chaired by Stephen Bowers, the Casino, Liquor and Gaming
Control Authority Chairperson, Chris Sidoti, will discuss the experience of the
Authority's first four years, describing the policies and priorities that have
guided its approach to the licensing and regulation of liquor and gaming in NSW.
He will also give his thoughts on likely directions for the near future.
Tony Schwartz will give a presentation on recent developments for practitioners
representing licensed premises. In particular he will cover the Liquor Amendment
(3 Strikes) Bill which commences on 1st January 2012, passed in late 2011 and
its impact on licensed premises . He will also address matters of a practical
nature in this jurisdiction based on his experience in dealing with a variety of
public authorities such as OLGR, the CL&GCA, Council, local courts and the
Police.
John Ralston will speak on the new provisions of the Registered Clubs Act in
relation to de amalgamations , the possible need for schemes of arrangement
under the corporations act in such circumstances and his firms experience in
undertaking the first de amalgamation . He will also speak on other recent
amendments to the Registered Clubs Act and amendments to the Liquor Act and
Gaming Machines Act as they apply to clubs and some recent experiences in
dealing with club related applications
Philip Clay SC will give a paper on planning for licensed premises. Hotels and
other licensed premises are under enormous scrutiny when making a development
application to extend their facilities or hours or, indeed, when new development
applications are made. It is vital that applications are thoroughly prepared and
all issues canvassed. In this presentation the speaker will discuss the most
common issues encountered in the planning process, including appeals to the Land
and Environment Court.
Presenters:
Mr. Stephen Bowers (Chair)
Partner
Bowers & Bowers
Phone: 0417 906 298
Email: stephen.bowers@optusnet.com.au
Mr. Chris Sidoti
Chairperson
Casino, Liquor and Gaming Control Authority
Phone: 9995 0300
Email: info@olgr.nsw.gov.au
Mr. Tony Schwartz
Partner
Back Schwartz Vaughan
Phone: 8383 3777
Email: tschwartz@bsv.com.au
Mr. John Ralston
Partner
Pigott Stinson
Phone: 8251 7777
Email: jralston@pigott.com.au
Mr. Philip Clay SC
Barrister-at-Law
Martin Place Chambers
Phone: 8227 9600
Email: clay@mpchambers.net.au
9.00am-12.30pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 17
Commercial Contracts Update
In this session, chaired by Linden Evans, Lee Moore will give a Contract Law
Update: he will address recent trends in contract interpretation.
Erica Brooke Taylor will address the new Personal Property Securities Law and
how it impacts on current practice, including: defining a "security interest";
documenting and enforcing security interests; and priority of security interests
in existence prior to the commencement of the new legislation; and the new
national online PPS register.
Elisabeth Peden will give a presentation on liquidated damages and penalties and
will focus on drafting of valid liquidated damages clauses, avoiding challenges
to penalties and 'the role of equity?'
Anthony Jucha's presentation will be, 'The World's Greatest Consultancy Services
Agreement - considerations when drafting these surprisingly complicated
documents'
Presenters:
Mr. Linden Evans (Chair)
Partner
Stockman & Evans
Phone: 9708 1300
Email: linden@selaw.com.au
Ms. Erica Brooke Taylor
Lexicon Legal
Phone: 0414 544 736
Email: Erica.taylor@lexiconlegal.com
Mr. Lee Moore
Lawyer
Allans Arthur Robinson
Phone: 9230 4000
Email: Lee.Moore@aar.com.au
Mr. Anthony Jucha
Principal
Jucha Legal Pty Limited
Phone: 0414 216 244
Email: anthony@jucha-legal.com
Website: http://www.jucha-legal.com
Dr. Elisabeth Peden
Barrister-at-Law
12th Floor Selborne/Wentworth Chambers
Phone: 8029 6251
Email: peden@12thfloor.com.au
9.00am - 12.30pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 18
Civil Liability Update
In this session chaired by Stephen O'Halloran, Brian Dooley SC will give a
presentation on obvious risk and dangerous recreational activity.
Amando Gardiman will do a dust diseases update with specific emphasis on
developments in the law on the issue of causation taking into account the High
Court impending judgment in Booth.
Robert Algie will speak on contributory negligence with reference to the Civil
Liability Act.
Stuart Kettle's topic is the Duty of Care Under the Civil Liability Act, updated
cases on its nature and content, in the context of section 5B Civil Liability
Act.
Geoffrey Gemmell will review recent Appeals in the Supreme and High Court.
Presenters:
Session 19
Elder Law - End of Life Decisions
This session will be chaired by Sue Field who will give the opening presentation
with a consideration of Capacity.
Colleen Cartwright will discuss fears and concerns in the general community
about the dying process; she will give some case studies that indicate why
people are (should be?) concerned; she will discuss how Advance Care Planning
can address some of those fears and concerns; she will also speak about
inadequate pain relief in terminal illness asking the question, Is litigation
the only way to solve this problem?
Cameron Stewart will speak on the current legal mechanisms for end-of life
decision-making in NSW and the need for reform.
Malcolm Schyvens will give an overview of the New South Wales Guardianship
Tribunal's role in making its decisions.
The session will conclude with an open forum for further discussion and
questions.
Presenters:
Ms. Sue Field (Chair)
NSW Trustee and Guardian Fellow in Elder Law
Law School
University of Western Sydney
Phone: 9685 9237
Email: s.field@uws.edu.au
Professor Colleen Cartwright
Director, ASLaRC Aged Services Unit
Health and Well-Being Research Cluster
Southern Cross University
Phone: 07 5506 9240
Email: colleen.cartwright@scu.edu.au
Associate Professor Cameron Stewart
Director of the Centre for Health Governance Law and Ethics
Sydney Law School
The University of Sydney
Phone: 9351 0250
Email: cameron.stewart@sydney.edu.au
Mr. Malcolm Schyvens
President
NSW Guardianship Tribunal
Phone: 9556 7607
Email: Malcolm.Schyvens@gt.nsw.gov.au
9.00am-12.30pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 20
Online Legal Research
Orest Mikulin's research course stands out from the rest because he teaches you
how to continually update your knowledge of online legal resources, rather than
"just showing you a few sites". You will receive the knowledge, skills and
techniques required to be a truly effective online legal researcher. In this
full day course each participant will be equipped with a computer. While the
information supplied will take researchers to an advanced level, beginners are
well catered for.
Section 1: Online Research Techniques - You will be taught the latest searching
techniques as well as exploring the wide range of legal data available on the
web. Orest will also explain advanced Boolean techniques and what the "Semantic
Web" has in store for lawyers.
Section 2: Researching Case Law - You will learn advanced methodologies and
techniques required for case law research including: what cases are available
online, how to find commentary on cases and the effective searching and noting
up of cases.
Section 3: Researching Legislation - This section will continue with the
methodologies and techniques required for researching legislation. It includes:
key sites for legislation, effective searching techniques for currency
information, repeals, interpretative materials and the growing number of
point-in-time databases.
Section 4: Researching Secondary Materials - Orest will show you highly
effective techniques for researching secondary materials using a variety of
online search engines, wikis, catalogues and blogs. He will also show you how to
find law resources, legal news and other current awareness information.
Orest Mikulin works as a legal researcher/solicitor with ConnectLaw, an online
law firm that uses the power of the Internet to assist clients from all over the
world. Orest makes extensive use of online resources and social media. This even
included connecting with people via social networking to assist in his learning
when he was undertaking his B.A.(Hons) (Languages) in French and Ukrainian.
Book early as numbers are limited.
This session is conducted at:
Forrest Training
7th Floor, 83 York Street, Sydney
Lunch is included with this full day session
Presenter:
Session 21
Occupational Health & Safety Update
Siobhan Flores-Walsh will consider two issues, firstly, the harmonisation trade
off (fact or fiction)- vastly increased corporate, personal and criminal
liability in return for a short term (if any) reduction in compliance costs for
business; and secondly, the new "officers'' duty (fair or a deterrent to holding
office)- deemed personal liability for corporate fault is gone, however, it has
been replaced with an arguably more onerous positive duty to exercise "due
diligence'' that now extends for the first time to public sector decision
-makers; what is due diligence and what must organisations and individuals do,
to comply?
Bilal Rauf will discuss the topic of "Incident Management Under the New OHS
Laws". He will review the new and changed incident notification
responsibilities; inspector powers and functions; commencement and conduct of
prosecution proceedings; maximum penalties and other enforcement options for
offences and general considerations when managing an incident.
An update and overview of the law relating to workplace bullying will be
presented by Andrew Gray, he will examine the law relating to workplace bullying
and best practice complaint management.
Paul Thompson will give a presentation on fatigue in the workplace.
Presenters:
Session 22
Local Government Law Update
In this session Aaron Gadiel will give an update of the Government's complete
review of the New South Wales planning system. Anthony Whealy will address
s.34AA appeals - new fast appeal processes for small developments and dwelling
houses. Christina Renner and Jodi Wauchope will give a practical guide to
obtaining government documents (the GIPA Act).
The session will also provide an update of important cases relevant to planning
and environmental law.
Presenters:
Mr. Anthony Whealy
Partner
Gadens Lawyers Sydney Pty. Limited
Phone: 9931 4999
Email: awhealy@nsw.gadens.com.au
Mr. Aaron Gadiel
Director
Gadens Lawyers Sydney Pty Limited
Phone: 9931 4999
Email: agadiel@nsw.gadens.com.au
Mr. Jodi Wauchope
Senior Associate
Gadens Lawyers Sydney Pty Limited
Phone: 9931 4999
Email: jwauchope@nsw.gadens.com.au
Ms Christina Renner
Senior Associate
Gadens Lawyers Sydney Pty Limited
Phone: 9931 4999
Email: crenner@nsw.gadens.com.au
1.30pm-5.00pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 23
Criminal Law Update
In this session Craig Robinson will speak on how to present an effective plea of
guilty in the Local Court. It is important that a solicitor follows the formula,
but remains flexible and provides the Magistrate with all relevant submissions.
The solicitor has to get it right, when so many things can go wrong.
Michal Mantaj will give a presentation on appearing in a Local Court hearing. He
will address the following issues:
1. Preparation
- Defining the charge and its particulars
- Developing a case theory
- Analysing a brief of evidence
- Preparing cross examination
- Preparing examination in chief
2. Presenting the case in Court
- General hints in relation to advocacy
- Pre-trial matters (voir dire)
- To open or not to open?
- Hints for cross examination
- Hints for leading evidence in chief
- Closing address
Richard Mayo will discuss the sentencing of frauds in the Local Court. Fraud
offences are more and more prevalent and represent a more complex area of
Federal and State law. Courts require the assistance of practitioners who
understand the intricacies of the system.
Robert Sutherland SC will address forensic considerations when your client is
arrested.
Presenters:
Session 24
Commercial Litigation Update
In this session chaired by Geoff Roberson, Karen Ingram will speak on the
importance of being 'Genuine' in Pre-Litigation Dispute Resolution asking, "What
does the law require?" examining the impact of Federal legislation. "Why is this
a good thing?" which is a consideration of the benefits of pre-litigation
dispute resolution and "How do I be genuine?" a discussion of the practicalities
of complying with the legislation and general law.
Van Moulis proposes to do a presentation regarding recent developments in class
action litigation in Australia and suggestions for the future. His focus will be
on shareholder class actions that build upon the experience in the Centro and Oz
Minerals litigation. He will also deal with proposals for reform.
Caro Fini's paper will address "Economic torts and commercial relations" which
would focus on three economic/intentional torts: the tort of inducing breach of
contract, the unlawful means tort and the tort of conspiracy.
Creditors' Trusts - The 21st Century Deed of Company Arrangement (DOCA) will be
discussed by Tony Iuliano.
Settlement considerations will be considered by Duncan Macfarlane, he will focus
on issues which should be addressed prior to any settlement, drafting deeds of
release and properly achieving settlement.
Presenters:
Mr. Geoff Roberson (Chair)
Managing Partner
Champion Legal
Phone: 9635 8266
Email: Roberson@champion.com.au
Mr. Van Moulis
Practice Group Leader
Slater & Gordon
Phone: 8267 0600
Email: van.moulis@slatergordon.com.au
Mr. Duncan Macfarlane
Barrister-at-Law
Tenth Floor Selborne/Wentworth Chambers
Phone: 9232 4609
Email: macfarlane@tenthfloor.org
Mr. Tony Iuliano
Special Counsel
Champion Legal
Phone: 8676 6406
Email: tonyi@champion.com.au
Ms. Karen Ingram
Partner
Clayton Utz
Phone: 9353 4000
Email: kingram@claytonutz.com
Mr. Carlo Fini
Barrister-at-Law
4th Floor Selborne Chambers
Phone: 9235 4903
Email: fini@4selborne.com.au
1.30pm - 5.00pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 25
Insurance Law Update
Barrister, Reno Gambi, will consider the Civil Liability Act after its ten years
of operation, he will review cases and the legislation.
Ray Giblett will be discussing the legal consequences of party definitions in
insurance policies, referring to his recent paper: 'Contracting Party, Named
Insured or Third Party Beneficiary? How to become one, what is the difference
and why it matters'.
Accredited personal injury specialist, Con Kakakios, has acted for the occupiers
of car parks and shopping centres faced with numerous 'slip and fall' type
cases. He will be discussing recent development in occupier's liability law.
Jonathan Simpkins SC will address on rights of contribution between insurers,
examining recent cases such as HIH Claims Support Ltd v Insurance Australia Ltd
[2011] HCA 31 and Zurich Australian Insurance Ltd v GIO General Ltd [2011] NSWCA
47.
Presenters:
Session 26
Will Drafting for Lawyers
In this session issues surrounding avoiding ademption, construction suits,
problems of identification and other issues associated with a poorly drafted
will are going to be addressed by Pamela Suttor.
Christine Page will speak on the need to understand your client's situation; and
the essentials for a valid and effective will.
Lindsay Ellison SC will address the problem of 'Getting it Wrong' which will
include taking instructions; what to ask and who to see. He will talk about bad
wills; proving it happened and what to leave out.
The issues associated with capacity will be dealt with by Michael Willmott SC.
He will discuss the problems of determining if a client has the required
capability to make a will and what precautions a solicitor should take when
there is doubt.
Presenters:
Ms. Pam Suttor
Partner
L Rundle & Co
Phone: 9299 1828
Email: psuttor@lrundle.com.au
Mr. Michael Willmott SC
Barrister-at-Law
13th Floor St. James Hall Chambers
Phone: 9335 3075
Email: mwillmott@stjames.net.au
Mr. Lindsay Ellison SC
Barrister-at-Law
Sixteenth Floor Wardell Chambers
Phone: 9231 3133
Email: clerk@16wardell.com.au
Ms. Christine Page
Partner
David Landa Stewart
Phone: 9212 1099
Email: cpage@dls-lawyers.com
1.30pm-5.00pm
Monday 26th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
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