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
Tuesday 27th March 2012
- 27) 9.00am-12.30pm Legal Issues for "Not for Profit" Bodies
| MCLE 3
- 28) 9.00am-5.00pm An Estate Planning Seminar | MCLE 6
Satisfies all the requirements of Rule 42
- 29) 9.00am-10.30am Conveyancing Practice Issues "What Went Wrong?"
| MCLE 1.5
- 30) 9.00am-12.30pm Workers Compensation Update | MCLE 3
- 31) 9.00am-12.30pm Insolvency
| MCLE 3
- 32) 9.00am-12.30pm Costs Update | MCLE 3
- 33) 11.00am-12.30pm Recent Developments in Property Case Law
| MCLE 1.5
- 34) 1.30pm-5.00pm Legal Issues in Schools | MCLE 3
- 35) 1.30pm-3.00pm Perennial Caveat Issues
| MCLE 1.5
- 36) 1.30pm-5.00pm Small Business Law Update | MCLE 3
- 37) 1.30pm-5.00pm Administrative Law Update
| MCLE 3
- 38) 1.30pm-5.00pm Negotiation for Lawyers | MCLE 3
- 39) 3.30pm-5.00pm Easements & Section 88K Convenancing Act
| MCLE 1.5
Session 27
Legal Issues for 'Not for Profit' Bodies
In this session chaired by Howard Harrison, the keynote presentation, given by
Danny Gilbert, will look at the benefits to law firms in having an involvement
with the "Third Sector." Bill d'Apice will consider the need for new
organisational structures; the Public Juridic Person, and the current transition
to new juridic structures. Kylie Maxwell will address a number of issues
including ancillary fund changes; "in Australia" requirements; unrelated
business Income Tax and Governance issues for "Not for Profit" entities.
The establishment and role of The Australian Charities and Not for Profit
Commission and the statutory definition of "charity" will be reviewed by
Jospehine Heesh. Bryce Bridges will talk on the future for Churches as NFP's in
providing community services as a result of changing Government requirements in
the area of funding, and also because of changing community attitudes.
In conclusion Graham West will give a perspective of the development of
relationships between "Not for Profit" bodies and Government.
Presenters:
Session 28
An Estate Planning Seminar
This session will address the issues that arise in helping clients structure
their affairs.
Firstly during their lifetime to:
- Limit legal claims - Asset Protection
- Minimise tax
- Make provisions for incapacity
Secondly, at death to:
- Have effective structures and strategies in place to pass wealth
securely and tax effectively to intended beneficiaries sensitive to their
need, wants and circumstances
The whole day session will cover, inter alia:
- The role of lawyers in modern Estate Planning
- The Modern Art of Estate Planning
- Update on new bankruptcy laws
- Achieving asset protection with the use of Family and Testamentary
Trusts
- Seven steps to tax effective estate planning
- Business succession issues
- Passing control to Family Trusts
- Passing control of superannuation interests on death - who gets the super and
how?
- Overview of the tax consequences of death
- The four main "Death Taxes" explained and demonstrated
- The use of Trusts in modern wills to deliver tax saving and protection
strategies
- Detailed strategies that will help reduce and/or eliminate the modern
"Death Taxes"
- A review of relevant Tax Office Interpretive Decisions and Rulings on
Estate Taxation
- The crucial role of Will drafting in achieving tax minimisation on death
- Testamentary Trusts comprehensively explained and demonstrated showing
advantages and disadvantages
- Special Estate Planning strategies for "blended families" and
disabled/incapacitated beneficiaries
- Questions and Case Studies
Solicitors who participate in this session will comply with the requirements of
Rule 42 of the Solicitors' Rules for the 2011-2012 CLE year.
Luncheon is provided with this full day session.
Presenter: Mr. Mike Fitzpatrick Partner PricewaterhouseCoopers Phone: 8266 0000 Email:
mike.fitzpatrick@au.pwc.com
9.00am-5.00pm Tuesday 27th March Claimable CLE Units 6 Cost: $454.55 GST $45.45 Total incl GST $500
Session 29
Conveyancing practice issues. "What went wrong?"
Property law is becoming increasingly more complex. "Simple" conveyancing
transactions can quickly go awry.
A discussion of some effective strategies to avoid costly and protracted
litigation and address and manage outstanding problems.
What can be done to achieve a workable result if unexpected issues arise.
Presenter:
Mr. Mike Devitt
Solicitor and Senior Lecturer
Faculty of Law
University of Wollongong
Phone: 4221 3456
9.00am-10.30am
Tuesday 27th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 30
Workers Compensation Update
This session is chaired by Workers Compensation Commission mediator and
arbitrator, Steve Lancken. The opening segment of the session will be a Forum
where The Workers Compensation Commission President, Judge Keating, WorkCover's
Acting Director Agent Operations, Cameron Player and solicitor Brian Moroney
will discuss the handling of compensation claims. This inter-active session will
help practitioners understand better how claims are handled in the Commission
and give them the opportunity to discuss issues and ask questions.
Dr. Roger Pillemer will give a presentation on the spine injury. He will provide
a comprehensive coverage of spinal injuries and an explanation of the language
and terms used in medical reports.
Professor Glozier will speak about the explosion of psychiatric injury claims in
the workplace. He will also talk about stress and heart attacks.
Brian Moroney will give a solicitor's view of the present situation with the
handling of workplace injuries.
Presenters:
Mr. Steve Lancken (Chair)
The Trillium Group
Mediator, Arbitrator & Costs Assessor
Workers Compensation Commission of New South Wales
Phone: 0418 272 449
Email: steve@thetrilliumgroup.com.au
His Honour Judge Greg Keating
President
Workers Compensation Commission of New South Wales
Phone: 1300 368 040
Mr. Cameron Player
Acting Director
Agent Operations
WorkCover
Phone: 4321 5000
Dr. Roger Pillemer
Orthopaedic Surgeon
Phone: 9519 4677
Email: mailbox@rpillemer.com.au
Associate Professor Nick Glozier
Psychiatrist
School of Medicine
The University of Sydney
Phone: 9351 0536
Email: nglozier@usyd.edu.au
Mr. Brian Moroney
Special Counsel
Moray & Agnew
Phone: 9234 4622
Email: BMoroney@moray.com.au
9.00am-12.30pm
Tuesday 27th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 31
Insolvency
In this session Scarlet Reid will address personal liability of administrators
under the Work Health and Safety Act. Grant Whaley will give a presentation on
the Cross Border Insolvency Act, three years on. Grant Whatley and Craig Ensor will speak on
Receivers duties and obligations in circumstances where they inherit a sale
contract on their appointment.
Ben Katekar will speak on pooling in relation to groups of companies.
Presenters:
Ms. Scarlet Reid
Partner
Henry Davis York
Phone: 9947 6000
Email: scarlet_reid@hdy.com.au
Mr. Craig Ensor
Partner
Henry Davis York
Phone: 9947 6000
Email: craig_ensor@hdy.com.au
Mr. Grant Whatley
Senior Associate
Henry Davis York
Phone: 9947 6000
Email: grant_whatley@hdy.com.au
Mr. Ben Katekar
Barrister-at-Law
Third Floor St James Hall Chambrs
Phone: 8998 8795
Email: katekar@3sjh.com.au
9.00am-12.30pm
Tuesday 27th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 32
Costs Update
In this session chaired by Stephen Bowers, His Honour Judge Peter Johnstone will
speak on the review of the Cost Assessment Scheme commissioned by the Chief
Justice.
Gordon Salier asks the question, Has the Costs assessment process got out of
hand?
Jacqueline Highfield will give a presentation on current issues in costs law.
John Sharpe will again review recent judicial decisions concerning Costs.
Presenters:
Mr. Stephen Bowers (Chair)
Partner
Bowers & Bowers
Phone: 0417 906 298
Email: stephen.bowers@optusnet.com.au
His Honour Judge Peter Johnstone
District Court of New South Wales
Phone: 9377 5840
Mr. Gordon Salier
Principal
Gordon A Salier
Phone: 9235 2977
Email: Gordon_a_salier@hotmail.com
Ms. Jacqueline Highfield
Solicitor
DGT Costs Lawyers
Phone: 9977 9200
Email: jacqueline.highfield@dgt.com.au
Mr. John Sharpe
Barrister-at-Law
Elizabeth Street Chambers
Phone: 9336 5375
Email: sharpe@estc.net.au
9.00am-12.30pm
Tuesday 27th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 33
Recent Developments in Property Case Law
This session is an examination of some recent salient cases of interest to
practitioners, including an important decision canvassing an "off the plan "
purchase and representations as to views and silence amounting to misleading and
deceptive conduct, as well as a decision relating to "asset lending" and
consideration of "unjustness" of loan agreements and the public interest under
Contracts Review Act.
Presenter:
Mr. Mike Devitt
Solicitor and Senior Lecturer
Faculty of Law
University of Wollongong
Phone: 4221 3456
11.00am-12.30pm
Tuesday 27th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 34
Legal Issues in Schools
In this session, chaired by David Ford, general issues relating to schools will
be addressed by Alex Kohn. He will review some recent cases involving a number
of relevant issues for the education sector including duty of care.
Des Kennedy SC will give a presentation on bullying and related issues focusing
on a recent Supreme Court decision of Schmidt J in Oyston v St Patrick's
College.
Margaret Baker will consider concerns and procedures relating to preparing a
school for litigation.
Greg Walsh will speak on litigating school assault and abuse cases.
Linton Morris SC will address the difficult area of mediation in school related
legal issues.
Presenters:
Mr. David Ford (Chair)
Partner
Emil Ford Lawyers
Phone: 9267 9800
Email: David.Ford@emilford.com.au
Mr. Alex Kohn
Partner
Makinson & d'Apice
Phone: 9233 7788
Email: mail@makdap.com.au
Mr. Desmond Kennedy SC
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 7711
Email: kennedy@jackshand.com.au
Ms. Margaret Baker
Senior Legal Officer
Legal Branch Department of Education & Communities
Phone: 9561 8538
Email: Margaret.Baker@det.nsw.edu.au
Mr. Greg Walsh
Principal
Greg Walsh & Co
Phone: 9570 6511
Email: gaw@gregwalshco.com.au
Mr Linton Morris QC
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 2045
Email: l.morris@jackshand.com.au
1.30pm-5.00pm
Tuesday 27th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 35
Perennial Caveat Issues
Caveat litigation continues to occupy the Courts, including issues relating to
extending caveats.
Is it appropriate to caveat when there are other proceedings on foot relating to
a fractured marriage?
A consideration of the principles of a seriously arguable case to extend and the
balance of convenience. Has the alleged caveatable interest any "substance?
Lodging fresh caveats.
Presenter:
Mr. Mike Devitt
Solicitor and Senior Lecturer
Faculty of Law
University of Wollongong
Phone: 4221 3456
1.30pm-3.00pm
Tuesday 27th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 36
Small Business Law Update
In this session, chaired by Stephen Bowers, Warren Wells will speak on the sale
and/or purchase of a business; his presentation will be "It's more tricky than
it looks, acting for the vendor or purchaser of a business."
Greg Vale will address business structures and asks the questions: What is the
best structure to use to run a business? What is the best structure to own
investment assets? Are trusts still a good business structure? And, how to get
profits from the business to the owners in the most tax effective manner?
Julian O'Sullivan will discuss the governance of small business focusing on the
rights and duties of directors and shareholders. Brana Obradovic will speak on
industrial relations and occupational health and safety in small businesses.
Steve Brown will cover the new federal Australian Consumer Laws:
- What are the differences between Then and Now (contractual warranties -
statutory guarantee)
- Who is a consumer? Has the Law changed?
- Guarantees, Warranties from Auctions
- The new era of the Unfair Contract
Presenters:
Session 37
Administrative Law Update
In this session chaired by David Jones, Catherine Kelso will speak on the
disclosure of Government Information and will focus on parliamentary privilege
and public interest immunity.
Kirsty Ruddock will consider recent decisions on statement of reasons under the
Administrative Decisions (Judicial) Review Act 1977 (Cth) and privative
clauses in NSW after the decision in Kirk v Industrial Court of NSW (2010) 239
CLR 531.
Bridie Nolan will give a talk about deconstructing administrative law decisions
exploring the process by which errors can be found and remedies applied.
Michelle Castle will give a presentation of Case Law Review - she will look at
important recent cases.
Presenters:
Mr. David Jones (Chair)
Senior Associate
Carroll & O'Dea
Phone: 9291 7100
Email: djones@codea.com.au
Ms Catherine Kelso
Senior Lawyer
Australian Government Solicitor
Phone: 9581 7451
Email: catherine.kelso@ags.gov.au
Ms. Kirsty Ruddock
Principal Solicitor
Environmental Defender's Office
Phone: 9262 6989
Email: kirsty.ruddock@edu.org.au
Ms. Bridie Nolan
Barrister-at-Law
12 Wentworth Chambers
Phone: 9233 1896
Email: bnolan@12thfloor.com.au
Ms Michelle Castle
Barrister-at-Law
Forth Floor Selborne Chambers
Phone: 9236 4975
Email: mcastle@4selborne.com.au
1.30pm-5.00pm
Tuesday 27th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 38
Negotiation for Lawyers
Since "Getting to Yes" was first published in the early 1980s it has become the
leading text discussing how to influence others to do a good deal. Originally
the product of research funded to come up with the best way for people to deal
with differences, the book has been translated into many languages and sold many
copies.
The theories detailed in "Getting to Yes" offer a rounded approach to
negotiation and can be used to advantage by litigious and transactional lawyers.
In this session, using the " Elements of Principled Negotiation" described in
"Getting to Yes" and "Beyond Machiavelli" you will learn:
- How to recognise a good deal when it is offered
- How to use standards of legitimacy to be truly influential
- Communication skills that smooth negotiation
- The differences between the Competitive and the Cooperative styles of
negotiation, their benefits and downfalls
- How to maintain relationships when we negotiate (and why)
- The differences between a "position" and an "interest"
- How to close the deal
- What are your options if the negotiation fails
This session will be fast paced and involve interactive discussion and exercises
to demonstrate the lessons that we can take from "Getting to Yes" and the work
of the Harvard Negotiation Project. Skills learned can be used in everyday
negotiations, in mediation, at work and in your personal life.
Presenter:
Mr. Steve Lancken Mediator and Arbitrator Workers Compensation Commission Mediator, Arbitrator & Costs Assessor The Trillium Group Phone: 0418 272 449 Email:
steve@thetrilliumgroup.com.au
1.30pm-5.00pm Tuesday 27th March Claimable CLE Units 3 Cost $236.36 GST $23.64 Total Incl. $260
Session 39
Easements & section 88 K Conveyancing Act
In this session Mike Devitt poses a number of questions on easements.
- Is the proposed easement "reasonably necessary" for effective use or development
of land?
- What does the Court take into account? Proposal and possible alternatives?
- Easements involving an inclinator
- Consideration of interference with a Right of Carriageway, including
right to park
- When is an easement abandoned and /or obsolete?
Presenter: Mr. Mike Devitt
Solicitor and Senior Lecturer
Faculty of Law
University of Wollongong
Phone: 4221 3456
3.30pm-5.00pm
Tuesday 27th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
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