August 2009 Conference
General Information | Conference at a Glance
Wednesday 26th | Thursday 27th | Friday 28th | Registration

Friday 28th August

• 16) 9.00am-12.30pm Industrial Reform Update | MCLE: 3
• 17) 9.00am-12.30pm Civil Liability Update | MCLE: 3
• 18) 9.00am-10.00am Regulation 176 - Mandatory CLE | MCLE: 1
• 19) 9.00am-12.30pm Costs Update | MCLE: 3
• 20) 9.00am-12.30pm Family Law Update | MCLE: 3
• 21) 9.00am-12.30pm Fun v Stress | MCLE: 3
• 22) 9.00am-5.00pm Online Legal Research | MCLE: 6
• 23) 10.15am-11.15am Ethics Mandatory CLE | MCLE: 1
• 24) 11.30am-12.30pm Professional Skills Mandatory CLE | MCLE: 1
• 25) 1.30pm-5.00pm Occupational Health & Safety | MCLE: 3
• 26) 1.30pm-5.00pm Professional Negligence | MCLE: 3
• 27) 1.30pm-5.00pm Will Drafting for Lawyers | MCLE: 3
• 28) 1.30pm-5.00pm Commercial Contracts | MCLE: 3

Packages available for this day
Please note: you are able to register for a full day package, or individual sessions.

G) 9.00am-5.00pm Industrial Law-OH&S Package Sessions 16 & 25 | MCLE: 6
H) 9.00am-5.00pm Civil Liability-Negligence Package Sessions 17 & 26 | MCLE: 6
I) 9.00am-5.00pm Mandatory CLE-Negligence Package Sessions 18, 23, 24 & 26 | MCLE: 6
J) 9.00am-5.00pm Mandatory CLE Package Sessions 18, 23 & 24 | MCLE: 3

Session 16

Industrial Reforms Update - What Lawyers Need to Know
Simon Brown, Senior Associate, and Michael Byrnes, Special Counsel of Clayton Utz, will address the following issues in their presentations on the Labor Government's IR law reforms:

- How Labor will maintain a uniform industrial relations system;
- The role of 'Fair Work Australia' in the new legislative landscape;
- Labor's guaranteed minimum ten National Employment Standards;
- Modern Awards;
- Collective Agreements and negotiating in "good faith";
- Employee protections;
- The broader scope of the new unfair dismissal laws;
- Alternative remedies; and
- Recent termination cases.

Presenters:

Mr. Michael Byrnes
Special Counsel
Clayton Utz
Phone: 9353 4723
Email: mbyrnes@claytonutz.com

Mr. Simon Brown
Lawyer
Clayton Utz
Phone: 9353 4000
Email: sbrown@claytonutz.com

9.00am-12.30pm
Friday 28th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 17

Civil Liability - Civil Liability Update
In this session chaired by Howard Harrison, Bernard Murphy will address Class Actions and Stephen O'Halloran will discuss workplace injuries. Amando Gardiman will talk about dust related litigation. Robert Harrington will do a presentation on occupiers' liability in respect of third parties and Michael Snell will address the Statute of Limitations. Geoffrey Gemmell will consider recent New South Wales Court of Appeal decisions.

Presenters:

Mr. Howard Harrison, (Chair)
Managing Partner
Carroll & O'Dea
Phone: 9291 7100
Email: Howard_Harrison@codea.com.au

Mr. Bernard Murphy
Chairman
Maurice Blackburn
Phone: 03 9605 2700
Email: bmurphy@mauriceblackburn.com

Mr. Stephen O'Halloran
Partner
White Barnes
Phone: 9263 3233
Email: mail@whitebarns.com.au

Mr. Duncan Graham
Barrister-at-Law
Second Floor, Selborne Chambers
Phone: 92313320
Email: dgraham@selbornechambers.com.au

Mr. Robert Harrington
Barrister-at-Law
William Deane Chambers
Phone: TBA
Email: Harrington@williamdeanechambers.com.au

Mr. Geoffrey Gemmell
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: g.gemmell@mauricebyers.com

9.00am-12.30pm
Friday 27th March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 18

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 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 Macinnis 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, he has presented the session in-house to a number of Sydney law firms. Angus Macinnis 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.

Presenter:

Mr. Angus Macinnis
Senior Associate
DibbsBarker
Phone: 8233 9500
Email: angus.macinnis@dibbsbarker.com

9.00am-10.00am
Friday 28th August
Claimable CLE Units 1
Cost $100 GST $10 Total incl GST $110

Session 19

Costs Update
In this session barrister, Michelle Castle, will address how to run an appeal from costs assessment. Costs consultant, Anna Cox, will discuss ongoing disclosure - obligations, pitfalls and how to avoid them while cost consultant, Alyson Ashe, will consider some current topics of interest, including privilege and powers of costs assessors. Barrister, John Sharpe, will review the latest cases on Costs.

Presenters:

Mr. Steve Bowers (Chair)
Bowers & Bowers
Phone: 0417 906 298
Email: sjbowers@optusnet.com.au

Ms. Michelle Castle
Barrister-at-Law
4 Selborne Chambers
Phone: 9231 4988
Email: mcastle@4selborne.com.au

Ms. Anna Cox
Costs Consultant
D G Thompson
Phone: 9977 9200
Email: anna.cox@dgt.com.au

Ms. Alyson Ashe
Alyson Ashe & Associates
Phone: 0414 362 477
Email: royleg@bigpond.com

Mr. John Sharpe
Barrister-at-Law
Elizabeth Street Chambers
Phone: 9335 5375
Email: sharpe@estc.net.au

9.00am-12.30pm
Friday 27th March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 20

Family Law Update

Restructuring of the Family Law Courts
Recently the Federal Attorney General announced a restructuring of the Family Court of Australia and the Federal Magistrates Court so that all Family Law matters will be consolidated and heard under the one Family Court. The first segment of the session covering these issues will be presented by Registrar Cameron of the Family Court of Australia and will deal with the impact of the restructuring in terms of the day to day practice of Family Law and how the restructuring will be effected.

Recent Decisions - Third Parties and Part VIIIAA of the FL Act
There have been a number of recent decisions including a decision of the Hight Court of Australia where orders have been sought in the Family Court and the Federal Magistrates Court affecting and in some cases altering the rights of third parties in respect of property of third parties. This segment will be presented by Ian Serisier.

Family Law and the NSW Succession Act 2008
The NSW Succession Act 2008 has replaced the NSW Family Provisions Act and came into effect 1st March 2009. Often as part of a settlement of a Family Law financial matter parties also agree that the settlement will include provision to exclude parties making future claims against the estate of the other party. This presentation will be by Greg Parker and will highlight these issues and other issues that clients need to know in terms of succession when resolving Family Law and De Facto financial disputes.

Drafting Binding Financial Agreements for Married and De Facto Couples and Binding Child Support Agreements
There have been some recent amendments to the Family Law Act in relation to financial agreements that resolve disputes between parties to a marriage and since 1st March 2009 a similar regime has been available for de facto couples. From 1st July 2009 parents are also able to enter into a binding child support agreement. This final segment is presented by Ian Serisier and will take you through the requirements of the Family Law Act and Child Support Legislation in respect of these agreements and his paper will include precedent binding financial agreements and binding child support agreements.

Presenters:

Mr. Ian Serisier (Chair)
Special Counsel
Swaab Attorneys
Phone: 9233 5544
Email: ids@swaab.com.au

Registrar Phillip Cameron
Registrar
Family Court of Australia
Phone: 9217 7111

Mr. Greg Parker
Partner
Swaab Attorneys
Phone: 9233 5544
Email: gpp@swaab.com.au

9.00am-12.30pm
Friday 28th August
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242

Session 21

Fun v Stress
Do you believe that reducing your stress is relevant to being a top lawyer?

Did you know that laughter is a primary preventive for high blood pressure, coronary heart disease and depression?

Learn techniques of mindfulness, mediation, and unique Neuro Linguistic Programming practices that quickly change your inner state. Laughter Lawyers tips and techniques, once learned will easily snap you out of feeling stress and switch you into being optimistic, relaxed and productive

Learn triggers to instantly enhance your inner state and create a feeling of well being and focus.

Complete the session with relaxation techniques which will ensure sound sleep.

Jackie Curran from Laughter Lawyers together with Kimberley Campbell-Zeltner from Living with Heart will have you laughing in no time at all and meditating like a monk.

In these dynamic sessions you will learn how to have balance in your life; strategies to reduce stress and bring some fun into your office.

Jackie Curran has presented her workshops to Optus, Vero Insurance, E Bay, Hollard and Real Insurance, Bluescope Steel, Bras and Things, Gloria Jean's, UTS, National Australia Bank, Queenwood, Loretto and Ravenswood Schools, Sutherland Hospital and many more. Kimberley Campbell-Zeltner is one of Sydney's most highly sought after senior AcuEnergetics practitioners, and Stress Management Consultants.

Testimonial
Lawyer, G L, says "I really enjoy laughing with Jackie and the other lawyers. it certainly helps me to put things into perspective and cope with the stressors of legal work much better. I notice the difference when I miss my weekly laughter session."

Presenters:

Ms. Jackie Curran
Mediator & Laughter Lawyer
Phone: 0422 367 031
Email: jackie@laughterlawyers.com.au
Web: www.laughterlawyers.com.au

Mrs. Kimbeley Campbell-Zeltner
Stress Management Consultant
Phone: 041`2 999810
Email: kc@livingwithheart.com.au
Web: www.livingwithheart.com.au

9.00am-12.30pm
Friday 28th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 22

Online Legal Research
With Web 2.0 technologies becoming so established online legal research skills should no longer be contained to the old favourite resources. Fabian Horton's 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, hence numbers are limited. While the information supplied will take researchers to an advanced level, beginners are well catered for.

Section 1: Online Research Techniques (Updated for Web 2.0) - The face of the Internet is going through fundamental changes. You will be taught the latest searching techniques as well as exploring the wide range of legal data available on the web. Fabian will also explain advanced Boolean techniques and what the "Semantic Web" has install 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 (Updated for Web 2.0) - With Web 2.0 sites becoming so prevalent you will learn how to take full advantage of what the technologies have to offer. Fabian 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.

Fabian Horton is a practicing solicitor and director of ConnectLaw, a company that specialises in supplying legal research to the legal profession. Fabian has extensive experience in legal technologies and on-line legal applications and 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 will be held at Forrest Training, Specialists in Computer Training & Consulting, 7th Floor, 83 York Street, Sydney.

Lunch is included with this session.

Presenter:

Mr. Fabian Horton
Solicitor
ConnectLaw
Phone: 03 5021 6237
Email: fabian@connectlaw.com.au

9.00am-5.00pm
Friday 28th August
Claimable CLE Units 6
Cost: $500 GST $50 Total incl GST $550

Session 23

Ethics and Professional Responsibility - 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.

Presenter:

Ms. Claire Mallon
Associate
DibbsBarker
Phone: 8233 9500
Email: clare.mallon@dibbsbarker.com

10.15am-11.15am
Friday 28th August
Claimable CLE Units 1
Cost $100 GST $1 Total incl GST $110

Session 24

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 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 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.

Presenter:

Ms. Piny Ly
Lawyer
DibbsBarker
Phone: 8233 9599
Email: piny.ly@dibbsbarker.com

11.30am-12.30pm
Friday 28th August
Claimable CLE Units 1
Cost $100 GST $1 Total incl GST $110

Session 25

Occupational Health & Safety
This session will address:
Liability of directors - Examining the liability of directors for breaches of occupational health and safety law, and the available statutory defences both under the current law and the proposed harmonised regime.

Harmonisation - Steps towards the national harmonisation of OHS laws, including the predicted time line for reform and implications for practitioners in NSW.

Trends and recent decisions - An update on recent trends in OHS law, including key issues for risk management and emerging areas of prosecution.

Presenters:

Ms Katherine Morris
Senior Associate
Corrs Chambers Westgarth
Phone: 9210 6500
Email: katherine.morris@corrs.com.au

Ms. Kathryn Peterson
Lawyer
Corrs Chambers Westgarth
Phone: 9210 6500
Email: kathryn.peterson@corrs.com.au

Ms. Wendy Thompson
Barrister-at-Law
Denman Chambers
Phone: 9264 6899
Email: wenthompson@bigpond.com

1.30pm-5.00pm
Friday 27th March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 26

Professional Negligence
The session chaired by Professor Peter Dwyer will address the following areas:

Duncan Graham - obstetric negligence; cerebral palsy cases

Wendy Blacker - liability issues for Educationalists

David Lloyd - liability of professionals in mortgage lending cases

Angela Petrie - issues in connection with legal liability around pharmacists

Alister Abadee - liability of professionals for misleading or deceptive coduct.

Presenters:

Adjunct Associate Professor Peter Dwyer (Chair)
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: p.dwyer@mauricebyers.com
Web: www.mauricebyers.com/dwyer.htm

Mr. David Lloyd
Barrister-at-Law
12 Selborne 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

Mr. Alister Abadee
Barrister-at-Law
Seven Wentworth Chambers
Phone: 8224 3024
Email: abadee@sevenwentworth.com.au

Ms. Wendy Blacker
Partner
Gadens Lawyers
Phone: 9231 4999
Email: wblacker@nsw.gadens.com.au

Mr. Duncan Graham
Barrister-at-Laws
Second Floor Selborne Chambrs
Phone: TBA
Email: dgraham@selbornechambers.com.au

1.30pm-5.00pm
Friday 28th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 27

Will Drafting for Lawyers
This regular session by Andrew Lang is a detailed and considerably expanded session covering:

- 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
Legal Author

1.30pm-5.00pm
Friday 28th August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 28

Commercial Contracts
In this session Scott Alden and David Jury will address the following:

1. Drafting Construction Contracts with Clarity and Purpose
- Analysis of current standard form Construction Contracts;
- Analysis of key clauses in construction contracts;
- Recent case law on Warranties and Indemnities; Liquidated Damages; Extension of time; Termination of Contracts.

2. Contractor Selection and Contract Management I a Recession
- How the tender process can impact the long term financial viability of a project;
- What clauses should you be aware of to help manage the contract through hard economic times.

3. Legal Issues in Procurement
- Recent developments and case law in relation to the Process Contract;
- Some unanswered questions regarding tendering and procurement;
- Remedies for breach of a process contract.

Presenters:

Mr. Scott Alden
Partner
DLA Phillips Fox
Phone: 9286 8000
Email: scott.alden@dlaphillipsfox.com

Mr. David Jury
Senior Associate
DLA Phillips Fox
Phone: 9286 8000
Email: david.jury@dlaphillipsfox.com

1.30pm-5.00pm
Monday 30th March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

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: