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
March 2010 Conference
General Information |
Conference at a Glance |
Registration |
Mandatory CLE
Friday 26th |
Monday 29th |
Tuesday 30th |
Wednesday 31st
Wednesday 31st March 2010
Sessions
35 9.00am-12.30pm Costs Update | MCLE: 3
36 9.00am-12.30pm Commercial Litigation Update | MCLE: 3
37 9.00am-12.30pm Tax Update for Lawyers 3
38 9.00am-12.30pm Occupational Health and Safety Update 3
39 9.00am-12.30pm Liquor and Gaming Law Compliance | MCLE: 3
40 1.30pm-5.00pm Will Drafting for Lawyers | MCLE: 3
41 1.30pm-5.00pm Energy Law, Climate Change Law and Policies | MCLE: 3
42 1.30pm-5.00pm Small Business Law | MCLE: 3
43 1.30pm-5.00pm Industrial Reform Update - What Lawyers Need to Know | MCLE: 3
44 1.30pm-5.00pm Superannuation and State Taxes with an Emphasis on Property |
MCLE: 3
Packages
J 9.00am-5.00pm Commercial Law Package Sessions 36 & 41 | MCLE: 6
K 9.00am-5.00pm Small Business Law Package Sessions 37 & 42 | MCLE: 6
L 9.00am-5.00pm Industrial Law Package Sessions 38 & 43 | MCLE: 6
M 9.00am-5.00pm Tax Package Sessions 37 & 44 | MCLE: 6
Session 35
Costs Update
In his keynote address for this session His Honour Judge Peter Johnstone will
consider walk away offers of compromise. Barrister, Michelle Castle, will
address how to run an appeal from costs assessment. Costs consultant, Jacqueline
Highfield,
will discuss the latest developments in cost assessment 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
His Honour Judge Peter Johnstone
District Court of New South Wales
Phone: 9377 5840
Ms. Michelle Castle
Barrister-at-Law
4 Selborne Chambers
Phone: 9231 4988 Email: mcastle@4selborne.com.au
Ms Jacqueline Highfield
Costs Consultant
D G Thompson
Phone: 9977 9200 Email:
jacqueline.highfield@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
Wednesday 31st March
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242
Session 36
Commercial Litigation Update
In this session chaired by Geoff Roberson, Mark Speakman will give an evidence
update with a presentation on recent developments in the law of evidence.
Peter Long is presenting a paper on recovery of damages for pure economic loss,
and Duncan Macfarlane will speak on security for costs.
Peter Voss will address recent developments in proportionate liability and
Nicole Huggins will be giving an update on litigation case management, including
a review of the High Court's decision in AON v ANU and how those principles were
applied in ASIC v Rich.
Julieanne Cox will speak on ethical responsibilities in litigation - covering
the implied undertaking, duty of candour, relationship with the court and your
opponent, abuse of process, duty to facilitate settlement and proposed
amendments to the Civil Procedure Act arising out of the ADR Blueprint.
Presenters
Mr. Geoff Roberson (Chair)
Partner
Champion Legal
Phone: 9635 8266 Email: Robersong@champion.com.au
Mr. Mark Speakman SC
Barrister-at-Law
Tenth Floor, Selborne/Wentworth Chambers
Phone: 9223 2715 Email: speakman@tenthfloor.org
Mr Duncan Macfarlane
Barrister at Law
Tenth Floor, Selborne/Wenthworth Chambers
Phone: 9232 4609 Email: macfarlane@tenthfloor.org
Ms. Julieanne Cox
Partner
Baker & McKenzie
Phone 9225 0200 Email: julieanne.cox@bakernet.com
Mr. Peter Long
Practice Group Leader
Slater & Gordon
Phone: 6742 5677 Email: Peter.Long@slatergordon.com.au
Mr. Peter Voss
Partner
Blake Dawson
Phone: 9258 6000 Email: Peter.Voss@blakedawson.com
Ms. Nicole Huggins
Senior Associate
Blake Dawson
Phone: 9258 6000 Email: Nicole.Huggins@blakedawson.com
9.00am-12.30pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 37
Tax Update for Lawyers
This session will consider three Tax areas that impact the most on the 'bread
and butter' work for solicitors. It will also provide some insight into the
changes proposed in the Henry Review.
Gina Lazanas will address the most significant GST developments, including
legislative changes, recent cases and rulings
The latest in capital gains tax development will be covered by Ken Schurgott and
he will look at where we are up to with small business concessions.
Denis Barlin will address superannuation, estate planning and issues surrounding
the inter-generational change of control of trusts.
Helen Hodgson will provide a summary of the changes proposed in the Review of
Australia's Future Tax System (the Henry Review).
Presenters
Ms Gina Lazanas
Partner
Balazs Lazanas & Welch LLP
Phone: 9191 9120 Email: gina@blwllp.com
Ms. Helen Hodgson
Associate Head (Education)
Atax, The University of New South Wales
Phone: 9385 9560 Email: h.hodgson@unsw.edu.au
Mr. Ken Schurgott
SBN Lawyers
Phone: 8247 3320 Email: ken@sbnlawyers.com.au
Mr. Denis Barlin
Partner
SBN Lawyers
Phone: 8247 3310 Email: denis@sbnlawyers.com.au
9.00am-12.30pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 38
Occupational Health & Safety Update
In this session Kelly Godfrey, Katherine Morris and Kathryn Peterson will
address the following issues:
1. OHS Harmonisation: An update on the progress of the OHS harmonisation
process, including the model act and regulations, key issues and the timeline
for reform.
2. Major projects and OHS prosecution: A discussion of OHS risks associated with
major projects, including the contractual relationships between parties and a
case study of the prosecutions arising from the Sydney's Cross City Tunnel
development.
3. Directors Duties: An examination of the current laws and what the future
holds under harmonisation.
Presenters
Mr. Allan Stockman (Chair)
Partner
Stockman & Evans
Phone: 9708 1300 Email: allan@selaw.com.au
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 Kelly Godfrey
Special Counsel & Notary Public
Australian Business Lawyers
Phone: 9458 7005 Email: kelly.godfrey@ablawyers.com.au
9.00am-12.30pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 39
Liquor and Gaming Law Compliance
In this session, the keynote address will be given by
Elizabeth Tydd, the newly appointed Executive Director, Office of Licesing,
Gaming and Racing, Communities NSW.
In a new approach, Liquor Regulations have targeted particular establishments.
Tony Hatzis will discuss recent cases challenging this new approach. Complaints
are now handled by the Director General of Communities NSW rather than by an
independent arbiter. This has thrown up new issues as well as new case law which
Tony Hatzis will examine.
Tony Schwartz will discuss his practical experiences in dealing with all levels
of the administration of liquor licensing in NSW, since 1st July 2008 to date
from the lodging of an application to its grant, compliance issues; due
diligence for purchasers and lenders in the acquisition of licensed premises
plus practical tips in avoiding traps.
With the growing community concern about intoxication, the Police and other
licensing authorities are being more rigorous in prosecuting licensed premises
and individuals in relation to intoxication offences. John Ralston will speak
about some of the legal defences that may be available and how to prepare a
defence. He will also provide an update on issues relating to club amalgamations
and various other topics both under the Registered Clubs Act and the
Corporations Act affecting registered clubs.
Presenters
Mr. Bruce Gotterson (Chair)
Partner
Pigott Stinson
Phone: 8251 7777 Email: b.gotterson@pigott.com.au
Ms. Elizabeth Tydd
Executive Director
NSW Office of Liquor Gaming and Racing
Phone: 9995 0998
Mr. Tony Schwartz
Partner
Back Schwartz Vaughan
Phone: 9223 3355 Email: tschwartz@bsv.com.au
Mr. John Ralston
Partner
Pigott Stinson
Phone: 8251 7777 Email: j.ralston@pigott.com.au
Mr. Anthony Hatzis
Barrister-at-Law
William Deane Chambers
Phone: 9231 0077 Email: hatzis@williamdeanechambers.com.au
9.00am-12.30pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 40
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
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 41
Energy Law, Climate Change Law and Policies
Australia's energy law is a national scheme law for the eastern States and the
ACT with Western Australia and the Northern Territory having similar laws.
Energy providers are required to comply with climate change policies including
emerging laws for renewable energy and carbon pollution reduction. Legal
practitioners have opportunities to practice in the range of energy law
activities and to advise clients on new climate change laws and policies that
affect them and their businesses. This session will show the energy law
framework in electricity and gas and the impact and breadth of measures to deal
with climate change including renewable energy law.
Presenters Paul Wentworth and Sandra Dureau have extensive experience in energy
law. Paul is involved in a range of infrastructure issues including energy
utilities and power developers. Sandra is the former General Counsel for the APA
Group and provides energy infrastructure and regulatory legal services. Duncan
McGregor has extensive experience in the emerging climate change law,
specialising in environmental and development law. Ian Tunstall advises on
energy law and climate change policy, energy consumer matters and publishes an
energy law and economics newsletter.
Presenters
Mr Ian Tunstall (Chair)
Solicitor/Economist
Legal Author
Phone: 0414 481 555 Website: www.iantunstall.com
Mr Paul Wentworth
Partner
Minter Ellison Lawyers
Phone: 9921 8888 Email: paul.wentworth@minterellison.com
Ms Sandra Dureau
Principal
Dureau Advisory
Infrastructure and Regulatory Lawyers
Phone: 04219 276 863 Email: Sandra.Dureau@dureauadvisory.com.au
Mr Duncan McGregor
Partner
Minter Ellison Lawyers
Phone: 9921 8888 Email: duncan.mcgregor@minterellison.com
1.30pm-5.00pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 42
Small Business Law
In this session chaired by Allan Stockman, Julian O'Sullivan and Steve Brown
will address corporate governance and directors' duties in small and medium size
companies.
Ben Katekar will address the rights and obligations of receivers. He will speak
about S. 420A o
f the Corporations Act and the obligation of the receiver to sell
at market price.
Workplace relations and occupational health and safety issues concerning small
businesses will be considered by Brana Obradovic. This area of law and its
impact on small and medium size businesses and companies has assumed a much
greater significance in the light of the new Federal industrial relations laws
replacing WorkChoices and their relation to the State industrial system.
Presenters
Mr. Allan Stockman (Chair)
Partner
Stockman & Evans
Phone: 9708 1300 Email: allan@selaw.com.au
Mr. Julian O'Sullivan
Barrister-at-Law
5 Wentworth Chambers
Phone: 9221 1911 Email: julianosullivan@5wentworth.com.au
Ms. Brana Obradovic
Barrister-at-Law
Lachlan Macquarie Chambers
Phone: 9635 1000 Email: bobradovic@lacmac.com.au
Mr. Steve Brown
Partner
Etienne Lawyers
Phone: 8845 2400 Email: sbrown@etiennelaw.com
Mr. Ben Katekar
Barrister-at-Law
5th Floor Wentworth Chambers
Phone: 8815 9135 Email: ben.katekar@5wentworth.com
1.30pm-5.00pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 43
Industrial Reform Update - What Lawyers Need to Know
Joe Catanzariti and Michael Byrnes will address the following issues in their
presentations on the Labor Government's recent IR law reforms:
- Moving towards 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. Joe Catanzariti
Immediate Past President, The Law Society of New South Wales
Partner
Clayton Utz
Phone: 9353 4000 Email: jcatanzariti@claytonutz.com
1.30pm-5.00pm
Wednesday 31st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242
Session 44
Superannuation and State Taxes with a Particular Emphasis on Property
Denis Barlin will address recent changes in stamp duties. He will give
particular emphasis to the changes in 'landholder duty', mortgage duty and the
new anti-avoidance provisions in the Duties 1997 (NSW).
The second topic is gearing in the context of superannuation. From September
2007, superannuation funds have been able to gear in order to acquire real
property.
He will address:
1. The 'gearing revolution' - the structures and regulatory requirements;
2. Income tax, CGT, stamp duty and GST implications; and
3. Some practical considerations for conveyancing lawyers engaged to attend to
gearing arrangements in the superannuation context.
Presenter
Mr. Denis Barlin
Partner
SBN Lawyers
Phone: 8247 3310 Email: denis@sbnlawyers.com.au
1.30pm-5.00pm
Wednesday 31st 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, 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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