The New South Wales State Legal Conference -
The next conference will be over four days in March 2011:
Monday 28th, Tuesday 29th, Wednesday 30th and Thursday 31st.
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
August 2010 Conference
General Information |
Conference at a Glance |
Registration |
Mandatory CLE
Wednesday 18th |
Thursday 19th |
Friday 20th |
Packages
Thursday 19th August
13) 9.00am-12.30pm Elder Law | MCLE: 3
14) 9.00am-10.00am Regulation 176 (Satisfies the Practice Management Requirement
of Rule 42) | MCLE: 1
15) 9.00am-12.30pm Civil Liability | MCLE: 3
16) 9.00am-5.00pm Basic Skills for Family Lawyers - A Master Class | MCLE: 6
17) 10.15am-11.15am Online Case Citators - What Lawyers Need to Know (Satisfies the Professional Skills Requirement of Rule 42) | MCLE: 1
18) 11.30am-12.30pm Ethics & Good Faith in ADR & Negotiations (Satisfies the
Ethics Requirement Rule 42) | MCLE: 1
19) 1.30pm-5.00pm Will Drafting for Lawyers | MCLE: 3
20) 1.30pm-2.30pm Communication Skills (Satisfies the Practice Management
Requirement of Rule 42) | MCLE: 1
21) 1.30pm-5.00pm Professional Negligence | MCLE: 3
22) 1.30pm-5.00pm Legal Issues in Schools | MCLE: 3
23) 1.30pm-3.00pm Facebook-Social Networking - The Courts | MCLE: 1.5
24) 2.45pm-3.45pm Winning (& Win/Winning) - (Satisfies the Professional Skills
Requirement of Rule 42) | MCLE: 1
25) 3.30pm-5.00pm The New Client Referal-An Effective Online Presence | MCLE: 1.5
26) 4.00pm-5.00pm Ethical Issues in Litigation (Satisfies the Ethics Requirement
of Rule 42) | MCLE: 1
Elder Law
This groundbreaking session will introduce the concept of alternative dispute
resolution within the framework of Elder Law. The speakers, all experts in their
field, will highlight, inter alia, collaborative dispute resolution techniques
which can be used to guide and develop governance competence in families.
Presenters:
Ms. Sue Field (Chair)
NSW Trustee and Guardian Fellow of Elder Law
School of Law
University of Western Sydney
Phone: 9655 9237
Email: S.Field@uws.edu.au
Mr. Peter Whitehead
National Manager Fiduciary Solutions
Perpetual
Phone: 9229 3665
Email: peter.whitehead@perpetual.com.au
Mr. Michael Perkins
Special Counsel
Diamond Conway
Phone: 9222 8000
Email: MichaelP@diamondconway.com.au
Dr. Gregory Tillett
School of Law
University of Western Sydney
Phone: 9560 9528
Email: gregory1@pacific.net.au
9.00am - 12.30pm
Thursday 19th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247
Regulation 176 -
Do you comply with the Regulation?
Mandatory CLE Session
This session has a strong practical element with 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.
Angus Macinnis is a Senior Associate in DibbsBarker's Commercial Group. His
practice spans the full spectrum of employment, industrial relations,
anti-discrimination and occupational health and safety law. Angus has been
presenting seminars that comply with the mandatory requirement since it was
first introduced. As well as presenting this session at external conferences
such as the State Legal Conference, Angus has presented this session in-house to
a number of Sydney law firms. Angus is also frequently asked to deliver in-house
training to line managers, and to employees, to assist them to recognise and
comply with workplace obligations.
This session also satisfies the Practice Management and Business Skills
requirement of Rule 42 of the Solicitors' Rules.
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb and Co.
Phone: 9222 1500
Email: charles@xuereb.com.au
Mr. Angus Macinnis
Senior Associate
DibbsBarker
Phone: 8233 9500
Email: angus.macinnis@dibbsbarker.com
9.00am-10.00am
Thursday 19th August
Claimable CLE Units 1
Cost $110 GST $11 Total incl. GST $121
Civil Liability
In this session chaired by Steve O'Halloran, Michael Down will address the
liability of public and other authorities. (S.42-45 The Civil Liability Act).
Amando Gardiman will do an update of recent significant appellate decisions in
the area of dust diseases. Ian Newbrun will discuss recent developments and
practical issues arising in Occupier's Liability cases with Civil Liability Act
commentary. Brian Ferrari will review recent court decisions and Geoff Gemmell
will consider the recent High Court case, of Tabet v Gett, and its significance
in light of the Civil Liability legislation.
Presenters:
Mr. Steve O'Halloran (Chair)
Partner
White Barnes
Phone: 9263 3233
Email: soh@whitebarnes.com.au
Mr. Amando Gardiman
Partner
Turner Freeman
Phone: 8833 2500
Email: aig@turnerfreeman.com.au
Mr. Michael Down
Partner
DLA Phillips Fox
Phone: 9286 8000
Email: michael.down@phillipsfox.com
Mr. Ian Newbrun
Barrister-at-Law
Nationally Accredited Mediator
Jack Shand Chambers
Phone: 9233 7711
Email: newbrun@jackshand.com.au
Mr. Brian Ferrari
Barrister-at-Law
Trust Chambers
Phone: 9264 9444
Email: bferrari@barnet.com.au
Mr. Geoffrey Gemmell
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: g.gemmell@mauricebyers.com
9.00am - 12.300pm
Thursday 19th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Basic Skills for Family Lawyers - A Master Class
This session is intended for lawyers seeking to commence a Family Law Practice
as well as for lawyers who already have a Family Law Practice. In this six hour
session Ian Serisier will address the following issues pertaining to Family Law
matters:
1. Initial Instructions
* Initial client interview.
* Taking instructions for a Family Law matter.
* Letter confirming instructions.
* Giving advice.
2. Negotiating Settlement
* Pre-action procedures.
* Mediation.
* Negotiation by correspondence.
3. Solicitor/Client Costs
* Preparing a cost agreement and engagement letter.
* Scale costs in the Family Court and Federal Magistrates Court.
4. Commencing Proceedings in a Family Law Matter
* Which Court?
* Drafting an application including drafting of orders to be included in the
application.
* Drafting affidavits.
5. Going to Court
* Case Assessment Conference.
* Procedural hearing.
6. Preparing for a Conciliation Conference
* Requirements of the Family Court
* Requirements of the Federal Magistrates Court.
Solicitors who participate in this session will comply with Rule 42 of the
Solicitors' Rules for the 2010-2011 CLE year.
Luncheon is provided with this full day session
Presenter:
Mr. Ian Serisier
Special Counsel
Swaab Attorneys
Phone: 9233 5544
Email: ids@swaab.com.au
9.00am-5.00pm
Thursday 19th March
Claimable CLE Units 6
Cost: $600 GST $60 Total incl GST $660
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 the task
Recently there has been the release of several free online case citators. These
enter into a market subscription based case citators that have over the years
migrated to the internet. This hour long session will lead you through 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.
Fabian Horton was previously the Training Officer for the Australasian Legal
Information Institute (AustLII). 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.
This session also satisfies the Professional Skills requirement of Rule 42 of
the Solicitors' Rules.
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb and Co.
Phone: 9222 1500
Email: charles@xuereb.com.au
Mr. Fabian Horton
Solicitor
ConnectLaw
Phone: 03 5021 6237
Email: fabian@connectlaw.com.au
10.15am-11.15am
Thursday 19th August
Claimable CLE Units 1
Cost $110 GST $11 Total incl GST $121
Ethics and Good Faith in ADR and Negotiation
Mandatory CLE Session
Lawyers have a range of obligations when engaged in negotiations or ADR
processes. Those obligations include duties of "Good Faith" in regard to some
mandatory mediation programs, "Genuine Effort" in regard to Family Law cases,
general ethical obligations, duties to the Court and to other members of the
profession. ADR processes often have duties of confidentiality. On top of all
this lawyers have duties and obligations to clients. This session will explore
how lawyers can balance all of these duties and obligations and behave in ways
that do not breach the lawyer's duties. The session will explore:
- What is good faith when it comes to negotiation or mediation
- How to behave so as to not infringe good faith requirements
- What to do if someone else may be acting in bad faith
- Other obligations
- Communication skills that can assist in defusing difficult situations such as
threats or ultimatums.
This session also satisfies the Ethics requirement of Rule 42 of the Solicitors'
Rules.
Presenters:
Mr. Charles Xuereb (Chair)
Principal
Charles R Xuereb and Co.
Phone: 9222 1500
Email:
charles@xuereb.com.au
Mr. Steve Lancken,
Mediator and Arbitrator
The Trillium Group
Phone: 0418 272 449
Email:
steve@thetrilliumgroup.com.au
11.30am-12.30pm
Thursday 19th August
Claimable CLE Units 1
Cost $110 GST $11 Total Inc GST $121
Will Drafting for Lawyers
This regular session by Andrew Lang is a detailed and considerably expanded
session covering the following:
- Instructions, testamentary capacity, loss prevention, professional
responsibility;
- Discussion of several recent instructive decisions relating to various topics;
- Gifts of money, chattels, shares, real property, residuary gifts, testamentary
trusts;
- Estate Planning;
- International aspects of wills;
- Discussion of several precedents and difficult will drafting;
- Recent judicial decisions.
Presenter:
Mr. Andrew Lang OAM
Legal Author
1.30pm-5.00pm
Thursday 19th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Communications Skills:
Understanding Your Client and Ensuring that Your Client Understands You
Mandatory CLE
Communication is at the heart of what lawyers do - and when we don't do it well,
client dissatisfaction (and worse) will be the result. Indeed, without the
ability to communicate well with clients, there would be no practice to manage
and no business in which to deploy your other skills.
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 an Associate in DibbsBarker's Mergers and Acquisitions Group. She
regularly advises clients (both Australian and international) on their
commercial and M & A activities. Her recent experience includes co-ordinating the
strategic planning of transactions and advising on all facets of acquisitions,
restructures and disposals. Piny is also part of the European Desk at
DibbsBarker, where she regularly advises international clients on establishing
and expanding their businesses in Australia.
This session satisfies for 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 9500
Email: losurdo@12thfloor.com.au
Ms Piny Ly
Senior Associate
DibbsBarker
Phone: 8233 9500
Email: piny.ly@dibbsbarker.com
1.30pm-2.30pm
Thursday 19th August
Claimable CLE Units 1
Cost: $110 GST 11 Total plus GST $121
Professional Negligence
In this session chaired by David Jones, Ben Zipser will give an introduction to
the various aspects of professional negligence. Angela Petrie will consider
different cases pertaining to professional negligence in pharmacy including
matters overseas. Ian Butcher will address medical negligence issues. Jason
Downing will speak on causation in professional negligence actions and in
particular, the effect of section 5D(3) of the Civil Liability Act. Simone
Herbert-Lowe will do a presentation on the negligence of lawyers.
Presenters:
Mr. David Jones (Chair)
Senior Associate
Carroll and O'Dea
Phone: 4915 0835
Email: djones@codea.com.au
Mr. Ben Zipser
Barrister-at-Law
Fifth Floor Selborne Chambers
Phone: 9231 4560
Email: bzipser@selbornechambers.com.au
Ms. Angela Petrie
Barrister-at-Law
Henry Parkes Chambers
Phone: 9264 6665
Email: angela.petrie@henryparkes.com.au
Mr. Jason Downing
Barrister-at-Law
Thirteenth Floor Selborne/Wentworth Chambers
Phone: 9221 0898
Email: downing@wentworthchambers.com.au
Mr. Ian Butcher
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0321
Email: i.butcher@mauricebyers.com
Ms. Simone Herbert-Lowe
Senior Claims Solicitor
LawCover
Phone: 9286 8855
Email: SHerbert-Lowe@lawcover.com.au
1.30pm-5.00pm
Thursday 19th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Legal Issues in Schools
In this session chaired by Alex Kohn, Robert Algie will give a paper where he
will consider cases involving school authorities. Clare Bateman will deliver a
presentation on the various aspects of occupational health and safety
considerations in schools. Kylie Nomchong will address various aspects of
discrimination in school communities. Desmond Kennedy will give a paper on
bullying, both psychological and physical and Campbell Bridge will speak on
aspects of sexual abuse in schools.
Presenters:
Mr. Alex Kohn (Chair)
Partner
Mackinson D'Apice
Phone: 9233 7788
Email: mail@makdap.com.au
Mr. Robert Algie
Senior Associate
Carroll and O'Dea
Phone: 9291 7100
Email: ralgie@codea.com.au
Ms. Clare Bateman
Solicitor
Carroll and O'Dea
Phone: 9291 7100
Email: cbateman@codea.com.au
Ms. Kylie Nomchong
Barrister-at-Law
Denman Chambers
Phone: 9264 6899
Email: ktn@denmanchambers.com.au
Mr. Desmond Kennedy SC
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 7728
Email: kennedy@jackshand.com.au
Mr. Alan Campbell Bridge SC
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0333
Email: c.bridge@mauricebyers.com
1.30pm - 5.00pm
Thursday 19th August
Claimable CLE Units 3
Cost: $224.55 GST $22.45 Total incl GST $247.00
Facebook - Social Networking - The Courts
Social networking: its effect on the law and your business
Social Media is no longer seen as just a fad. With more people using social
networks than most countries have citizens, social networking is an integral
part of our personal and professional lives. But still many people have
difficulty accurately defining what social media is and how it affects them.
More still, many of today's leaders are missing valuable opportunities because
they fail to properly relate to the digital culture.
The law is not immune to this phenomenon. Akin to the industrial revolution, new
visions of what the law is and how it should operateare being borne. As social
media and networking grows, it is imperative that lawyers have an understanding
of the issues ranging from potential legal risks, practice administration and
brand management.
Fabian Horton is a director of ConnectLaw Australia, a virtual law firm and
consultancy practice. He is currently undertaking PhD research in the area of
social networking and its effects on future laws. Fabian will share his insights
into how social media will create
fundamental changes in the substantive law and the practice of law in the not
too distant future
Presenter:
Mr. Fabian Horton
Solicitor,
ConnectLaw
www.connectlaw.com.au
Phone: 03 5021 6237
Email: fabian@connectlaw.com.au
1.30pm - 3.00pm
Thursday 19th August
Claimable CLE Units 1.5
Cost: $120 GST $12 Total incl GST $132
Winning (and Win/Winning) - Strategies in Negotiation
Mandatory CLE
Most lawyers have heard the expression "win/win" used in relation to negotiation
- some would even have achieved results that satisfy this expression. But what
does "win/win" really mean, and how can you get "win/win" results more often?
How do you deal with opponents who are more interested in whining than in
winning? This session will identify some common problems in negotiation, and
provide you with some uncommon solutions which you can use in practice.
Katie McCaul is a lawyer in DibbsBarker's Financial Services Group specialising
in personal and corporate insolvency. She has been involved in major corporate
insolvencies in Australia and has acted widely in complex litigation in both the
state and federal jurisdiction. Katie regularly advises and acts for insolvency
practitioners, banks, companies and individuals to achieve client specific
results. She has successfully negotiated settlements of preference claims,
commercial loans and personal debts.
This session satisfies the Rule 42 Professional Shills requirement for the
2010-2011 CLE Year.
Presenters:
Mr. Anthony Lo Surdo (Chair)
Barrister-at-Law
12 Wentworth Chambers
Phone: 9223 9500
Email: losurdo@12thfloor.com.au
Ms. Katie McCaul
Lawyer
DibbsBarker
Phone: 8233 9500
Email: katie.mccaul@dibbsbarker.com
2.45pm-3.45pm
Thursday 19th August
Claimable CLE Units 1
Cost: $110 GST $11 Total incl. GST $121
The New Client Referral
Why your law firm needs an effective online presence to stay in the marketplace.
The advent of the online world has changed the word of mouth referral forever.
This session will equip you with the knowledge and simple tools you need to
ensure that your firm can operate effectively in this new competitive
environment.
This session will help you:
- Be found and chosen by potential new clients including word of mouth referrals
- Be validated by potential new clients
- Ensure return business from existing clients
- Assess what information should be included on your firm's website
- Get your firm to the top of Google search results.
A practical workshop will be included to help you work out how to best present
your firm online to survive in this new marketplace.
Presenter:
Ms. Jane Oxley
General Manager
Smokeball
Phone: 8273 7586
Email:
jane.oxley@smokeball.com.au
3.30pm-5pm
Thursday 19th August
Claimable CLE Units 1.5
Free LEAP Session
Ethical Issues in Litigating -
Dealing with Expert and Lay Witnesses
Mandatory CLE
"Thou shalt not bear false witness", advises the Ninth Commandment - but that
only scratches the surface of the ethical issues involved when witnesses are
required in proceedings in court or tribunals. It is permissible (and indeed
desirable) to prepare witnesses for hearing, but impermissible to coach them -
where is the difference? How do you ensure that your expert witnesses are
regarded as assisting the court to find the truth, rather than being dismissed
as merely advocates for one side? What are the ethical implications of court
rules dealing with the use of expert evidence? This session will answer all of
these questions.
Claire Mallon is a Senior Associate in DibbsBarker's Insurance Group. She is a
litigator with 13 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. Claire
has practiced in Perth, London and, for the past 6 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 9500
Email: losurdo@12thfloor.com.au
Ms. Claire Mallon
Senior Associate,
DibbsBarker
Phone: 8233 9500
Email: Claire.mallon@dibbsbarker.com
4.00pm-5.00pm
Thursday 19th August
Claimable CLE Units 1
Cost: $110 GST $11 Total incl GST $121
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, the Conference management 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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