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NSW State Legal Conference
 

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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 2015 Legal Conference

General Information | Conference Summary | Registration
Thursday 26 | Friday 27 | Monday 30 | Tuesday 31 | Packages

Thursday 26 March 2015

1) 9.00am-10.30am Easements | 1.5
2) 9.00am-12.30pm Motor Accidents Act Part I | 3
3) 9.00am-12.30pm Family Provisions Act | 3
4) 9.00am-12.30pm Commercial Litigation | 3
5) 9.00am-12.30pm Insolvency | 3
6) 11.00am- 12.30pm Recent Developments in Property Case Law | 1.5
7) 1.30pm-3.00pm Risk Management in Property Transactions | 1.5
8) 1.30pm-5.00pm Motor Accidents Compensation Act Part II | 3
9) 1.30pm-5.00pm Insurance Law Update | 3
10) 3.30pm-5.00pm Old System Title | 1.5
11) 1.30pm-3.30pm Small Business Law | 2
12) 1.30pm-5.00pm Home Building Law | 3
13) 1.30pm-5.00pm Civil Liability Update | 3

Session 1
Easements
In this Easements session Michael Devitt will provide a comprehensive discussion on Court imposed easements under s88K of the Conveyancing Act.
This session will consider:
  • What is "reasonably necessary?"
  • Community land - consideration of public interest.
  • What amounts to interference with easements?
  • What is "substantial interference" and "excessive use?"

This session will also provide a comprehensive review of the relevant case law.

Presenter:
Mr. Michael Devitt
Solicitor and Property Law Accredited Specialist
Honorary Fellow
School of Law
University of Wollongong
Phone: 4229 5822

9.00am-10.30am
Thursday 26 March
CLE Units 1.5
Cost $150


Session 2
Motor Accidents Act Part 1
Judicial Review of decisions of CARS and MAA.


Mark Robinson SC looks at the increasingly important topic of Administrative law challenges to decisions of CARS and the MAA. As there is no appeal of claims assessors' decisions provided for in the Motor Accidents Act judicial review is the only way to seek to set these decisions aside. Mark analyses recent cases in which parties have had recourse to judicial review and provides practical guidance.

CARS assessor Terrence Broomfield will give a presentation on 'Preparing more effective General Applications and Replies'. Terry discusses several case studies of matters where, through better preparation and presentation, outcomes could have been different. This will provide practitioners with immediately useful tips which can be put into practice for a better outcome.

Presenters:
Ms. Geraldine Daley (Co-Chair)
Solicitor
Colin Daley Quin
Phone: 8566 2400
Email: g.daley@cdq.com.au

Mr. Denis Mockler (Co-Chair)
Solicitor
Stewart Cuddy & Mockler
Phone: 9880 1946
Email: dmockler@scm.com.au 

Mr. Mark Robinson SC
Barrister-at-Law
Third Floor, Wentworth Chambers
Phone: 9221 5701
Email: mark@robinson.com.au 

Mr. Terrence Broomfield
Solicitor
Everingham Solomons
Phone: 6766 1066
Email: tbroomfield@eversol.com.au 

9.00am-12.30pm
Thursday 26 March
CLE Units 3
Cost $295


Session 3
Family Provisions Act
Barrister David Currie will review the procedural and case management issues that arise in this area and will provide an update on the latest developments.

Barrister Dominic Williams will look at family provision from the practical point of view of solicitors involved in advising clients. He will also review the latest cases including Chapple v Wilcox and in Underwood v Gaudron regarding the principals involved in family provision matters.

Barrister John Armfield will consider Wills issues and will review recent case law of interest particularly the decision in Howe v Fischer which involved an allegation of professional negligence against a solicitor retained to prepare a Will and the duty of care required of a solicitor.

Presenters:
Mr David Currie
Barrister-at-Law
4th floor, Selborne Chambers
Phone: 9236 4900
Email: dcurrie@4selborne.com.au

Mr Dominic Williams
Barrister-at-Law
2nd floor, Selborne Chambers
Phone: 9233 1232
Email: dwilliams@selbornechambers.com.au

Mr John Armfield
Barrister-at-Law
2nd floor Wentworth Chambers
Phone: 9232 8803
Email: armfield@me.com

9.00am-12.30pm
Thursday 26 March
CLE Units 3
Cost $295


Session 4
Commercial Litigation
In this session, chaired by Geoff Roberson, Jan Alewood will explore case studies and provide salient commentary around Proportionate Liability including Wealthsure Pty Ltd v Selig (2014) and ABN AMRO Bank NV v Bathurst Regional Council (2014)

Louise Byrne will focus on discovery and disclosure: in particular, the practical implications of Practice Note Sup Ct Eq 11 - Disclosure in the Equity Division, which commenced on 26 March 2012, particularly in the light of a party's right to seek documents under the UCPR by way of Notice to Produce and the issuing of subpoenas.

Recent decisions of the Court will be examined concerning the application of PN SC Eq 11 in contested matters where disclosure has been refused and where it has been allowed and the different circumstances in each case. The strict application of the terms of PN SC Eq 11 with the high hurdle it sets of "exceptional circumstances" can be avoided if the parties reach agreement on a regime for disclosure of documents and the views of the court will be looked at in this context.

The High Court's decision in Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited will be discussed and the obligations on parties and their legal representatives to commercial litigation under the Civil Procedure Act 2005 (NSW). Focus on Discovery and Disclosure, with a particular focus on recent case law, principles and lessons learned.

In "Privilege: An update" Karen will discuss some key recent developments in the application, and waiver, of legal professional privilege. In particular:
  • watching out for waiver
  • common interest privilege between multiple parties with the same interests prior to, and during, litigation
  • privilege and the regulator.

Presenters:
Mr. Geoff Roberson (Chair)
Managing Partner
Champion Legal
Phone: 9635 8266
Email: roberson@champion.com.au

Ms. Jan Alewood
Barrister- at-Law
Maurice Byers
Phone: 8233 0300
Email: j.alewood@mauricebyers.com

Ms. Louise Byrne
Barrister-at-Law
Frederick Jordan Chambers
Phone: 9229 7333
Email: byrne@fjc.net.au

Ms. Karen Ingram
Partner
Clayton Utz
Phone: 9353 4000
Email: kingram@claytonutz.com

9.00am-12.30pm
Thursday 26 March
CLE Units 3
Cost $295


Session 5
Insolvency
Liquidator Stephen Hathway looks at the engineering of Deeds of Company Arrangement and how successful and practical DOCA are built. Stephen examines what matters should be in a successful DOCA and why, with particular emphasis on building in greater chances of success. Stephen considers the matter from the perspective of a Liquidator and Chartered Accountant rather than from a legal drafting perspective so that solicitors can incorporate these perspectives into their practices.

John Breene will provide an outline of the steps available to liquidators to recover "voidable transactions", including unfair preferences, uncommercial transactions and unreasonable director related transactions, under section 588FE of the Corporations Act 2001. John will also focus on the types of evidence that will be relevant to the "good faith" defence available under section 588FG including evidence as to the question of whether or not the creditor had reasonable grounds for suspecting the company was insolvent or would become insolvent, at the time it entered into the transaction.

Matt Davis will give an overview of the tension that still exists between bankruptcy law and family law after the introduction of the Bankruptcy and Family Law Legislation Amendment Act 2005 (Cth). In particular, he will concentrate on how those amendments affect and at times frustrate the operations of trustees in bankruptcy.

Michelle Castle looks at recent developments in liquidator's remuneration and analyses important recent Supreme Court cases including AAA Financial, Joe & Joe Developments and Hellion Protection. Michelle considers how these cases have changed the landscape and provides practical guidance on approaches to these applications and the provision of the best evidence.

Presenters:
Mr Stephen Hathway
Executive Director
SV Partners - Specialist Accountants & Advisors
Phone: 0413 443 224
Email: stephen.hathway@svp.com.au 

Mr. John Breene
Solicitor
Breene & Breene Solicitors
Phone: 9232 5811
Email: johnbreene@breene.com.au 

Mr. Matt Davis
Solicitor
Brenee & Breene Solicitors
Phone: 9232 5811
Email: mattdavis@breene.com.au

Ms. Michelle Castle
Barrister-at-Law
4th floor, Selborne Chambers
Phone: 9236 4975
Email: mcastle@4selborne.com.au

9.00am-12.30pm
Thursday 26 March
CLE Units 3
Cost $295


Session 6
Recent Developments in Property Case Law
In this session Michael Devitt will, by reference to recent case law, explore perennial issues with "what is a proper caveatable interest?" and the lodgement of caveats without reasonable cause. This session will also cover cases in relation to settlement location disputes, split deposits payable by instalments, service by post and incomplete deposit cheques at auction sales.

Presenter:
Mr. Michael Devitt
Solicitor and Property Law Accredited Specialist
Honorary Fellow
School of Law
University of Wollongong
Phone: 4229 5822

11.00am-12.30pm
Thursday 26 March
CLE Units 1.5
Cost $150


Session 7
Risk Management in Property Transactions
Risk Management is an essential part of a property lawyer's practice. In this session Michael Devitt asks, "What went wrong?" by considering actual case studies. Michael also surveys and discusses some examples from LawCover. He considers the dangers of not getting instructions from ALL parties to a lending transaction.

Michael examines the liability to persons not being clients and undertakes a consideration of the "penumbral" duty of care beyond a retainer. Further he examines the risk of ineffective contract termination and the idea that fine distinctions DO matter when "things go wrong".

Presenter:
Mr. Michael Devitt
Solicitor and Property Law Accredited Specialist
Honorary Fellow
School of Law
University of Wollongong
Phone: 4229 5822

1.30pm-3.00pm
Thursday 26 March
CLE Units 1.5
Cost $150


Session 8
Motor Accidents Compensation Act Part 2
In this session Dr Nicholas Glozier, Professor of Psychological Medicine at the University of Sydney, will look at Medical assessment issues arising from psychiatric injuries.

Barrister, Robert Stitt QC, will give a presentation on 'Blameless Accidents', including what must be proved in order to establish a blameless accident, significant decided cases and the assessment of contributory negligence in blameless accidents.

The remainder of the session will then be an open forum discussion led by CARS assessors on the better preparation and presentation of Applications with the time for questions and an in-depth look at how to approach current problems. Case studies from real cases will be used to demonstrate common mistakes and how to ensure that they are not made. Participants are invited to submit questions and issues in advance of the session to make this a worthwhile interactive experience.

Presenters:
Professor Nicholas Glozier
Professor of Psychological Medicine
University of Sydney
Phone: 9351 0536
Email: nick.glozier@sydney.edu.au

Mr. Robert Stitt QC
Barrister-at-Law
Seven Wentworth Chambers
Phone: 8224 3012
Email: stittqc@sevenwentworth.com.au

Ms. Geraldine Daley
Solicitor
Colin Daley Quin
Phone: 8566 2400
Email: g.daley@cdq.com.au

Mr. Denis Mockler
Solicitor
Stewart Cuddy & Mockler
Phone: 9880 1946
Email: dmockler@scm.com.au 

1.30pm-5.00pm
Thursday 26 March
CLE Units 3
Cost $295


Session 9
Insurance Law Update
Bridie Nolan considers Total and Permanent Disablement (TPD) claims and provides a treasure map of the area. Bridie considers the preparation and presentation of claims, the review of decisions by trustees and provides an update of latest cases in the area.

Ivan Griscti will give a presentation on Section 54 of the Insurance Contracts Act. His topic will be: "Section 54: Still causing trouble after all these years

Presenter:
Ms Bridie Nolan
Barrister-at-Law
12th Floor Selborne/Wentworth Chambers
Phone: 9232 4016
Email: bnolan@12thfloor.com.au

1.30pm-5.00pm
Thursday 26 March
CLE Units 3
Cost $295


Session 10
Old System Title
In this Old System Title session Michael Devitt will consider Qualified Title and Limited Title. He will discuss the obligation on a Vendor to provide a proper Abstract of Title as well as obligations under Clause 25 of the Contract. He will discuss Cancellation of Cautions and the utility of a "delimitation plan".

The session will conclude with a discussion on conversion to Torrens Title, including the utility of Official Searches.

Presenter:
Mr. Michael Devitt
Solicitor and Property Law Accredited Specialist
Honorary Fellow
School of Law
University of Wollongong
Phone: 4229 5822

3.30- 5.00pm
Thursday 26 March
CLE Units 1.5
Cost $150


Session 11
Small Business Law
In this session chaired by Linden Evans, Julian O'Sullivan, Barrister, will address the role of directors. A number of high profile decisions in recent years have examined the ambit of directors' duties, including ASIC's proceedings against the directors of large corporations such as One.Tel, James Hardie, Fortescue Metals and Centro.

Recent legislative changes have also modified directors' personal liability for insolvent trading. His presentation will provide an update in relation to these developments and in addition, address the overlap between common law, equitable and statutory duties of care and diligence, the duty to act in good faith, the duty not to use position or information for an improper purpose, conflicts of interest and the defences available under the "business judgement rule". The presentation will also examine the penalties and liabilities that may be imposed on directors, including those for breach of duty and insolvent trading and the remedies available to companies, their shareholders and creditors.

Steven Brown will provide an update on Franchising Law looking at the updated Franchise Industry Code of Conduct effective 1 January 2015 and a review of recent case law.

Presenters:
Mr. Linden Evans (Chair)
Partner
Stockman and Evans
Phone: 9708 1300
Email: linden@selaw.com.au

Mr. Steven Brown
Chairman
Etienne Lawyers
Phone: 8845 2400
Email: sbrown@etiennelaw.com

Mr. Julian O'Sullivan
Barrister-at-Law
Thirteenth Floor Selborne Wentworth Chambers
Phone: 9232 3833
Email: julianosullivan@wentworthchambers.com.au

Time: 1.30pm- 3.30pm
Thursday 26 March
CLE Units 2
Cost $225


Session 12
Home Building Law (Half Day)
Important Changes to the Home Building Act. Presented by David Bannerman, Principal at Bannermans Lawyers. Accredited Property Law Specialist with The Law Society of New South Wales. Topics covered in this session include:
  • Changes to residential building works contracts;
  • Changes to warranty claims and home warranty insurance;
  • Changes to conveyancing practices as a result of the changes;
  • Pure economic loss claims against owner builders and certifiers by subsequent owners.

Presenter:
Mr David Bannerman
Principal
Bannermans Lawyers
Phone: 9929 0226
Email: dbannerman@bannermans.com.au
Time: 1.30pm- 5.00pm
Thursday 26 March
CLE Units 3
Cost $295


Session 13
Civil Liability Update
This session will provide an update on the Civil Liability Act. Michael Down will look at recent case studies of the use and application of the Act; barrister Dominic Villa will present a case law update and barrister Geoff Gemmell will look at recent cases concerning damages in negligence.

Presenters:
Mr. Stephen O'Halloran (Chair)
Partner
Carroll & O'Dea
Phone: 9291 7100
Email: sohalloran@codea.com.au

Mr. Michael Down
Partner
Mills Oakley Lawyers
Phone: 8289 5800
Email: mdown@millsoakley.com.au

Mr. Dominic Villa
Barrister-at-Law
New Chambers
Phone: 8224 3006
Email: villa@newchambers.com.au

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

1.30pm-5.00pm
Thursday 26 March
CLE Units 3
Cost $295
 


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