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
Wednesday 28th March
- 40) 9.00am-12.30pm Energy Law 3 | MCLE 3
- 41) 9.00am-10.30am Using the Contract for the Sale of Land in 2012
| MCLE 1.5
- 42) 9.00am-12.30pm The Motor Accidents Compensation Act Part I |
MCLE 3
- 43) 9.00am-12.30pm Life Sciences | MCLE 3
- 44) 9.00am-10.30am Recent Developments in Directors' Duties
| MCLE 1.5
- 45) 11.00am-12.30pm The Latest on Vendor Disclosure and Warranty |
MCLE 1.5
- 46) 11.00am-12.30pm Remedies for Breach of Directors' Duties | MCLE 1.5
- 47) 1.30pm-5.00pm Taxation Law Update
| MCLE 3
- 48) 1.30pm-3.00pm Property Taxes Update | MCLE 1.5
- 49) 1.30pm-5.00pm The Motor Accidents Compensation Act Part II
| MCLE 3
- 50) 1.30pm-3.00pm Residential Building Disputes | MCLE 1.5
- 51) 3.30pm-5.00pm Recent Developments in Mortgage Practice
| MCLE 1.5
Session 40
Energy Law and the Clean Energy Law
Energy law now operates in a new environment of the Clean Energy Act and the
National Energy Retail Law coupled with the Australian Consumer Law. The law for
electricity and gas is affected by these new laws. This session presents energy
law with the impacts of the National Energy Retail Law and the potential impact
of the Clean Energy Law.
Naveena Rajaretnam will speak on the National Energy Customer Framework. Paul
Wentworth will give an overview of the regulation of the gas energy market and
Duncan McGregor will do a review of the Climate Change and Clean Energy Act. Ian
Tunstall will consider the impact of the new Australian Consumer Law.
Presenters:
Session 41
Using the Contract for Sale of Land in 2012
A new edition of the standard contract for sale of land is being developed by
the joint copyright holders, the Law Society and the Real Estate Institute. In
this session Tony Cahill looks at the legislative, regulatory and judicial
developments since the issue of the 2005 edition, and their impact on the
content of the standard contract.
Topics covered will include deposits (and attempts to "top them up"), the use of
bonds and guarantees as substitutes for deposits, and the use (and occasional
abuse) of standard requisitions. The unfair contract terms provisions of the
Australian Consumer Law will also be addressed.
If a 2012 edition has been published, the focus of the session will be on the
key changes between the old and the new editions. If a new version has not been
issued, Tony will concentrate on how special conditions may best be used to
reflect the changes since 2005.
Presenter:
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com
9.00am-10.30am
Wednesday 28th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 42
The Motor Accidents Compensation Act Part I
The seminar chaired by Belinda Cassidy covers important CARS issues as well as
MAS Assessments.
The Chairperson will commence the session with a scheme review.
Dr. Ben Teoh will give a presentation on the issues relating to Post Traumatic
Stress. In addition Michelle Boyle, Philip Watson and Melanie Curtin will
discuss late claims, particularly following the decision of Gudelj v Motor
Accidents Authority of NSW. This issue is covered both from a legal and
practical view point.
Presenters:
Ms. Belinda Cassidy (Chair)
Principal Claims Assessor
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Email: bcassidy@maa.nsw.gov.au
Dr. Ben Teoh
Psychiatrist and MAS Assessor
Medico Legal Specialists
Phone: 8243 5600
Ms. Michelle Boyle
Claims Assessment Officer
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Email: mboyle@maa.nsw.gov.au
Ms. Melanie Curtin
Claims Assessment Officer
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Email: mcurtin@maa.nsw.gov.au
Mr. Philip Watson
Principal
Philip Watson Pty Ltd
CARS Assessor
Phone: 4934 7477
Email: pcwatson@bigpond.com
9.00am-12.30pm
Wednesday 28th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 43
Life Sciences
In this session chaired by Wendy Blacker, barrister Luke Livingston will discuss
the topic, "Professional disciplinary complaints against medical practitioners:
Recent developments in the case law."
Rory O'Connor will consider general developments in the area of life sciences,
in particular, the approach taken in recent decisions relating to the
registration and approval of pharmaceutical products under therapeutic goods
legislation.
Alexia Marinos will be considering the topic 'Intellectual Property Management
in Life Sciences', which will encompass what intellectual property is; how it is
created, managed and enforced; and its growing economic and strategic importance
in the Life Sciences industry.
Causation seems to be a very simple concept when spoken of outside the law.
However, in legal practice many people elide the subtle nuances causation as it
applies in tort law, particularly identifying what evidence is sufficient to
establish causation. This presentation by Mark McCulloch SC will examine in a
practical way some of the recent landmark decisions dealing with causation in
the law. Recent cases will be reviewed and explained so that they can be applied
in practice both by legal practitioners and their clients.
Presenters:
Ms. Wendy Blacker (Chair)
Partner
Gadens Lawyers Sydney Pty. Limited
Phone: 9931 4999
Email: wblacker@nsw.gadens.com
Ms. Alexia Marinos
Senior Associate
Gadens Lawyers Sydney Pty. Limited
Phone: 9931 4999
Email: amarinos@nsw.gadens.com.au
Mr. Rory O'Connor
Special Counsel
Gadens Lawyers Sydney Pty. Limited
Phone: 9931 4999
Email: roconnor@nsw.gadens.com.au
Mr. Luke Livingston
Barrister-at-Law
Seven Wentworth Chambers
Phone: 8224 3065
Email: Livingston@sevenwentworth.com.au
Mr. Mark T McCulloch SC
Barrister-at-Law
Seven Wentworth Chambers
Phone: 9233 2289
Email: mcculloch@sevenwentworth.com.au
9.00am-12.30pm
Wednesday 28th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 44
Recent Developments in Directors' Duties
Imtiaz Ahmed will review important basic concepts in respect of directors'
duties and recent developments in this area. This will include a review of the
most recent cases concerning the application of duties to directors. Delegates
can expect detailed and up-to-date treatment of the following areas:
- Each of the principal directors' duties, including the duty to exercise
care, the duty to act in the interests of the corporation, and directors'
duties in respect of conflicts of interest;
- The statutory regime in respect of the duties owed by company directors and
officers; and
- The impact on company directors and officers of the continuous
disclosure regime
Presenter: Mr. Imtiaz Ahmed Barrister-at-Law Sixth Floor Selborne/Wentworth Chambers Phone: 8067 6911 E mail:
iahmed@sixthfloor.com.au 9.00am-10.30am
Wednesday 28th March Claimable CLE Units 1.5 Cost $122.73 GST $12.27 Total incl GST $135
Session 45
The Latest inVendor Disclosure in the Sale of Land
The perennial question "Do I have to mention it in the Contract?" has taken on a
particular urgency over the past eighteen months. A new Conveyancing (Sale of
Land) Regulation, coupled with the Parliamentary Inquiry by Matt Brown MP into
residential vendor disclosure, saw 2010 as the year where vendor disclosure came
under greater scrutiny than at any time since the mid-1980s. Proposals for a
national energy efficiency disclosure regime for sales of residential property,
and concerns about the extent of disclosure of swimming pool compliance, emerged
during 2011.
In this session Tony Cahill explores the disclosure obligations incumbent on
vendors when selling in New South Wales. After a discussion of disclosure
requirements under the general law, Tony explores the substantial modifications
to the common law requirements occasioned by the insertion of section 52A into
the Conveyancing Act¸ and the subsequent subordinate legislation.
The session will also consider the frequent changes to the content of one of the
key disclosure documents, the section 149 certificate; practical problems with
obtaining accurate sewerage diagrams; when should a survey and / or a building
certificate be attached to the contract; and new disclosure issues where a
residential property is tenanted.
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com
11.00am - 12.30pm
Wednesday 28th March
Claimable CLE Units. 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 46
Remedies for Breach of Directors' Duties - A Commercial Litigation Perspective
Recent civil
penalty proceedings and shareholder class actions in respect of the
Centro group of companies demonstrate how areas of corporate law that were
previously the domain of ASIC are also the concern of commercial litigation. In
particular, the Centro experience shows how actions that commence as corporate
non-disclosure claims can quickly expand to include directors' duty claims. This
presentation examines the use in commercial litigation of remedies for breach of
directors' duty, including through:
(a) the statutory derivative action, injunctive relief and compensation regimes
contained in the Corporations Act 2001 (Cth); and
(b) deploying proportionate liability defences and contribution claims to reduce
liability to corporate plaintiffs.
Presenter:
Mr. Alexander Morris
Partner
Mallesons Stephen Jaques
Phone: 9296 2000
Email: alexander.morris@mallesons.com
11.00am-12.30pm
Wednesday 28th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 47
Taxation Law Update
Andrew Howe will cover:
- Moving to GST self assessment: implications & strategies
- Update on GST legislative changes
- Current GST property issues
Tax law is subject to a state of constant change, not simply in the newer areas
of GST and super, but as well in the older more developed areas of income tax
and CGT. Andrew Noolan's presentation will focus on changes in ATO
administration (rulings and determinations) and resulting from case law that
have practical application when advising clients on the income tax and CGT
aspects of transactions.
Denis Barlin will address Superannuation, estate planning and social security
attribution rules. Further topics include basic superannuation planning,
treatment of death benefits and succession planning involving trusts.
Presenters:
Mr. Andrew Noolan Registered Tax Agent Director Schurgott Noolan Pty Limited Phone: 9210 7530 Email:
andrew@schurgottnoolan.com.au
Mr. Denis Barlin Barrister-at-Law 13 Wentworth Chambers Phone: 9231 6664 Email:
dbarlin@wentworthchambers.com.au
Mr. Andrew Howe Director Greenwoods & Freehills Pty Limited Phone: 9225 5919 Email:
Andrew.howe@gf.com.au 1.30pm-5.00pm
Wednesday 28th March Claimable CLE Units 3 Cost $236.36 GST $23.64 Total Incl. $260
Session 48
Property Taxes Update
Practitioners are increasingly being called on to consider the revenue
implications of property transactions. In times past this involved a good
working knowledge of, principally, the Stamp Duties Act 1920. While the State
duties base is shrinking, and despite the plainer language in the Duties Act
1997, there is still considerable legislative activity in the State property
taxes area. However the introduction of the GST has shifted the primary focus to
the Federal sphere.
In this session Tony Cahill focuses on the latest changes to GST, stamp duty and
land tax. Recent legislative amendments, rulings (and draft rulings), changes in
Government policy designed to stimulate the housing sector and a growing body of
case law all combine to create a dynamic and evolving area where effective
advice to clients is vital.
Topics to be discussed in this session include:
- The foreshadowed changes to the GST treatment of going concerns and
farmland
- The latest intelligence on the margin scheme
- The GST implications of a forfeited deposit
- Some judicial guidance on what constitutes "carrying on an enterprise"
- Amendments to the definition of "residential property", and ATO guidance on
what is "commercial residential property"
- The latest version of home buyer stamp duty exemptions and concessions,
especially the restricted availability of first home exemptions
Presenter: Mr. Tony Cahill Legal Author and Commentator Email:
cahill.law@gmail.com 1.30pm-3.00pm
Wednesday 28th March Claimable CLE Units 1.5 Cost $122.73 GST $12.27 Total incl GST $135
Session 49
The Motor Accidents Compensation Act Part II
In this session chaired by Belinda Cassidy an expert panel of speakers covers
some of the more important issues facing practitioners and insurers. Matters
dealt with include, recent decisions addressed by Helen Wall, Terry Broomfield
speaking on economic loss and what can and can't be claimed, care will be
covered by Robert Foggo and Peter Harvey speaking about evidentiary issues in
CARS hearings, Jnana Gumbert will discuss the impact of judicial review in MAS
and CARS decisions and will give an update on a recent decision on a Blameless
Accident. Andrew Stone will give a review of the motor accidents scheme.
Presenters:
Ms. Belinda Cassidy (Chair)
Principal Claims Assessor
Motor Accidents Authority of New South Wales
Phone: 1300 137 131
Email: bcassidy@maa.nsw.gov.au
Ms Jnana Gumbert
Director- Stacks/Goudkamp Pty Ltd
Personal Injury Accredited Specialist
Phone: 9237 2222
Email: jnana@stacksgoudcamp.com.au
Mr. Terry Broomfield
Partner
Everingham Solomons
CARS Assessor
Phone: 6766 1066
Email: tbroomfield@eversol.com.au
Ms. Helen Wall
Barrister at Law
Henry Parkes Chambers
CARS Assessor
Phone: 9261 5741
Email: helenwall@henryparkes.com.au
Mr. Robert Foggo
Principle,
Robert Foggo Lawyers
Phone: 4927 5772
Email: rgf@foggolaw.com.au
Mr. Peter Harvey
Partner TL Lawyers and CARS Assessor
Phone: 4928 7500
Email: mail@tllawyers.com
Mr. Andrew Stone
Barrister-at-Law
Sir James Martin Chambers
Member of Motor Accidents Council.
Phone: 9223 8088
Email: stone@sirjamesmartin.com
1.30pm-5.00pm
Wednesday 28th March
Claimable CLE Units 3
Cost $236.36 GST $23.64 Total Incl. $260
Session 50
Residential Building Disputes -
An Excursion into Effective, Efficient and Creative Dispute Management and
Resolution
In this seminar, Chris Whitelaw, a barrister and mediator with 30 years of
experience, will take you on a stimulating and thought-provoking excursion into
the realm of residential building disputes using a variety of real life case
studies. He will identify and explain what works and what does not work to
achieve the goal of quick, cheap and just outcomes for both builders and owners.
He will reveal a blueprint for success and satisfied clients in a field that has
a reputation for turning dreams into nightmares for owners and builders alike.
This seminar is a must for both newcomers and 'old dogs'. It reveals the traps
and slippery slopes to avoid and provides the tips, techniques, strategies and
philosophy that will reward lawyers and their clients.
Presenters:
Mr. Chris Whitelaw
Barrister-at-Law
Accredited Mediator
Commercial Disputes Management Chambers
Phone: 9420 8213
Email: cwhitelaw@counsel.net.au
Website: www.chriswhitelaw.com.au
1.30pm-3.00pm
Wednesday 28th March
Claimable CLE Units 1.5
Cost $122.73 GST $12.27 Total incl GST $135
Session 51
Recent Developments in Mortgage Practice
In this session Tony Cahill looks at recent legislative, judicial and regulatory
developments of interest to lenders, borrowers, guarantors and those advising
them.
Topics include:
- The new identification requirements for mortgagors and their likely
impact on conveyancing practice
- A legislative prescription of the mortgagee's duty when exercising a
power of sale against a non-corporate mortgagor
- The latest cases on mortgage fraud - further exploring the question
"indefeasibility to what?"
- The Court of Appeal on unconscionable mortgages
- Appellate authority on whether a refinancing arrangement creates a new
mortgage debt - and why it might matter
Presenter: Mr. Tony Cahill Legal Author and Commentator Email:
cahill.law@gmail.com 3.30pm-5.00pm
Wednesday 28th March Claimable CLE Units 1.5 Cost $122.73 GST $12.27 Total incl GST $135
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