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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

Friday 27th March 2015

14) 9.00am-12.30pm Workers Compensation | 3
15) 9.00am-10.30am The Contract for Sale and Purchase of Land 2014 edition | 1.5
16) 9.00am-12.30pm Trusts and Contentious Disputes | 3
17) 9.00am-5.00pm Family Law | 6
18) 9.00am-5.00pm Online Legal Research | 6
19) 11.00am-12.30pm Electronic conveyancing - what every property practitioner needs to know | 1.5
20) 1.30pm-3.00pm Property Taxes | 1.5
21) 1.30pm-5.00pm Disciplinary Proceedings for Lawyers | 3
22) 1.30pm-5.00pm Commercial Litigation - Economic Torts | 3
23) 1.30pm-5.00pm Tax | 3
24) 1.30pm-5.00pm Administrative Law | 3
25) 3.30pm-5.00pm The Home Building Act 1989 for property practitioners | 1.5

Session 14
Workers Compensation
Many important elements of disputes in the Workers Compensation Commission involve administrative decisions. Eugene Romaniuk and Eraine Grotte will speak about judicial review in the Supreme Court of New South Wales with a practical focus on workers compensation disputes.

Mr Rodney Parsons, Registrar of the Workers Compensation Commission will provide an update on the practice and procedure of the Commission and will also review recent decisions of interest.

Peter Hansen and Dr. Stephen Allnutt, Psychiatrist, will jointly present a session on the better preparation of claims for psychiatric injury and will consider the legal and medical perspectives and how one size does not fit all.

Presenters:
Mr. Eugene Romaniuk SC
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 7711
Email: romaniuk@jackshand.com.au

Ms. Eraine Grotte
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 7711
Email: grotte@jackshand.com.au 

Mr. Rodney Parsons
Registrar
Workers Compensation Commission of New South Wales
Email: Rodney.Parsons@wcc.nsw.gov.au

Mr. Peter Hansen
Solicitor
Carroll & O'Dea
Phone: 9291 7100
Email: peter_hansen@codea.com.au 

Dr. Stephen H. Allnutt
Forensic Psychiatrist
Phone: 9929 2913

Time: 9.00am - 12.30 pm
Friday 27 March
CLE Units 3
Cost $295


Session 15
The Contract for Sale and Purchase of Land 2014 edition
The new edition of the joint copyright contract for sale of land was released in November 2014. In this session Tony Cahill will focus on the key legislative amendments, judicial pronouncements and changes to conveyancing practice which have informed the development of the new edition of the contract. Among the topics discussed:
  • Transitioning from the 2005 to the 2014 edition - when can the old form still be used, and when is the new edition to be preferred?
  • The new delivery model for the 2014 edition - farewelling the double-sided pads
  • New items and changed formatting for pages 1 and 2 of the form
  • Amendments to the disclosure regime for swimming pools and for residential building work under the Home Building Act 1989
  • Some new and amended definitions in clause 1
  • The dangers in provisions permitting the "staggering" of deposit payments
  • The introduction of a new clause 3 due to the rise in the use of deposit bonds or guarantees
  • Changes to LPI practice affecting what documents will be handed over on settlement
  • The prevalence of pre-contract requisitions, and the tendency of vendors to stipulate the contents of post-contractual requisitions
  • What if the vendor defaults in an essential respect - the new clause 8.2
  • What is the status of farmland and supplies of going concerns under the GST law?
  • Why is there no PPS clause in the land contract?

Attendees should note that while this session will discuss some aspects of the introduction of electronic conveyancing, that topic will be discussed in more detail in session 19

Presenter:
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com

Time: 9.00am- 10.30am
Date: Friday 27 March
CLE: 1.5
Cost: $150


Session 16
Trusts and Contentious Disputes
It is often said that family discretionary trusts are flexible in their application, and that they allow those that control them unlimited discretions within set parameters. In practice, that is not always the case. This seminar will deal with:
  • An overview of the relevant positions and relationships contained in a 'typical' family discretionary trust.
  • What happens with the positions of trustee and appointor upon death or incapacity? [Trust deed, Trustee Act generally including s 70 of the Trustee Act 1925 (NSW)].
  • Frauds on power [e.g. using the position of appointor in the context of a dispute].
  • Being knowingly concerned in a breach of a fiduciary position - the test in Barnes v Addy.
  • New South Wales 'notional estate claims' in the context of the use of discretionary trusts.
  • Family law and trusts.
  • A beneficiary's entitlement to seek information from a trustee.

Presenter:
Mr. Denis Barlin
Barrister-at-Law
Thirteenth Floor Selborne/Wentworth Chambers
Phone: 9231 6646
Email: dbarlin@wentworthchambers.com.au

Time: 9.00-12.30pm
Friday 27 March
CLE Units 3
Cost $295


Session 17
Family Law
This full day session managed and presented by Barrister Ian Serisier is designed for solicitors who have a Family Law practice and want to update or for those wanting to develop a Family Law practice.

The initial segment of the sessions will consider Ethics for Family Lawyers. Not only are lawyers who practise in Family Law required to abide by the rules of ethics that apply to lawyers generally and the additional ethical requirements that apply to lawyers whose practice is a litigation practice (e.g. duties to the court), there are additional ethical requirements for family lawyers, for both parenting and financial proceedings. Failure to comply with these requirements can have very serious consequences for lawyers, as evidenced in three recent decisions (Compulsory MCLE subject - complies with the requirements of Rule 57).

The next segment will look at the important topic of costs in Family Law. The Uniform Legal Profession Law will bring about significant changes to costs, expected to be from 1 July 2015. Kerrie Rosati, specialist costs solicitor with DGT lawyers, will examine the changes and will provide guidance as to the drafting of proper costs disclosure and costs agreements and give practice management tips about instituting sound costing practices. She will also look at Party/Party costs and survey the latest case law.

After morning tea a segment of Expert Evidence in Family Law Proceedings will commence. This segment will consider:
  • Who is an Expert Witness? What are his/her requirements/qualifications? There are different Rules between proceedings in the FCA and the FCCA. Do the requirements of S.69ZT of the Family Law Act impact on expert evidence in parenting proceedings?
  • Accounting for Family Lawyers. How to read and understand a Balance Sheet and P&L Statement of a company. This discussion will be held by Richard Horne Forensic Accountant.

In the next segment Ian Serisier will provide a comprehensive Family Law update. Whilst we are all now well aware of the 2012 recent High Court decision in Stanford (and subsequent decisions) and the impact of same on the day to day practise in financial proceedings, there have been a number of recent decisions of the Full Court and at first instance that have also had a significant impact on our practice as family lawyers, in parenting, financial and interlocutory proceedings. In this session we will review a number of those decisions and the impact of those decisions and recent amendments to the Rules of Court on our day to day practise as family lawyers.

The next segment is on 'Tax and Revenue issues in Family Law financial proceedings'. There is much more to this topic than whether a transfer of a piece of real estate, as part of a family law settlement will or will not require a payment of state revenue. What are the tax/revenue issues if the transfer of real estate is from a corporation to a party of marriage? The parties have a joint loan account in the family company. What are the potential tax issues? Failure to properly advise a client on these issues could result in a Law Cover claim. Attend this session and learn more.

In the final segment Ian Serisier will speak about advising a client seeking advice about a financial agreement. Since the Full Court decision in 2008 of Black there has been an avalanche of decision, setting aside or not enforcing Family Law Financial Agreements. The avalanche continues with some further recent decisions. The focus of this session is NOT how to draft a Financial Agreement, but advising a new client who is proposing to enter into a family law Financial Agreement (and the problems that you face when providing that advice) or advising a client who has already entered into a financial agreement and seeks to have same set aside

The session will conclude with opportunities to ask any questions that may arise.

Presenters:
Mr. Ian Serisier
Barrister-at-Law
Phone: 0438 240 097
Email: ianserisier1@optusnet.com.au

Ms. Kerrie Rosati
Solicitor
DGT Costs Lawyers
Phone: 9977 9200
Email: kerrie.rosati@dgt.com.au

Mr. Richard Horne
Chartered Accountant
Phone: 0417 232 972
Email: rhhorne@bigpond.net.au

9.00am-5.00pm
Friday 27 March
CLE Units 6
Cost $590


Session 18
Online Legal Research (Full day)
Online legal research is now considered an indispensable skill for all who require legal information. Fabian Horton's research course stands out from the rest because he teaches you how to continually update your research knowledge, rather than just "show you a few sites". You will gain the skills required to be a truly effective online legal researcher. You will be required to bring your own laptop to this session.

While the information supplied will take researchers to an advanced level, beginners are well catered for.

Section 1: Online Research Techniques - You will be taught the latest searching techniques as well as exploring the wide range of online legal data. Whether you depend on free materials or you have access to commercial systems, this section will provide practical skills to assist you on any platform. Fabian will also explain how to keep track of your research across all your devices: desktop, tablet and smart phone.

Section 2: Researching Legislation - You will learn advanced 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 3: Researching Case law - This section will continue with the 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 4: Researching Secondary Materials - 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.

Section 5: Legal Research Ethics: With well written legal information readily available, matters such as plagiarism, copyright and referencing are just a few of the issues that researches must consider. Whether for clients or for publication Fabian will guide you through the ethical considerations of working with online information and presenting your research. Fabian Horton is a solicitor with extensive experience in legal technologies, on-line legal applications and social media. He has lectured at UNSW, UTS (AustLII) and La Trobe Universities. He currently lectures at the College of Law in Melbourne.

Solicitors who participate in this session will comply with all the requirements of Rule 57 of the Solicitors' Rues for the 2014-2015 CLE year.

Lunch is included with this full day session.

Presenter:
Mr Fabian Horton
Solicitor, ConnectLaw
Phone: 03 5265 1539
Email: fabian@connectlaw.com.au
Web: www.connectlaw.com.au

9.00am-5.00pm
Friday 27 March
CLE Units 6
Cost $590


Session 19
Electronic conveyancing - what every property practitioner needs to know
Electronic conveyancing has been a reality in New South Wales for mortgagees since October 2013. The first transactions involving caveats and transfers (and therefore practitioners) occurred in November 2014. PEXA sees 2015 as the year for expanding their "soft launch" to the legal profession at large.

In this session Tony Cahill will consider look at the history, current impact and future implications of electronic conveyancing for practitioners.

Topics to be discussed in this session include:
  • A brief history of electronic conveyancing - including how the current model improves on earlier failed attempts.
  • Key terminology and acronyms
  • The role of ARNECC, ELNOs and subscribers
  • The regulatory framework - the Electronic Conveyancing National Law, the Model Operating Agreement and the Model Participation Rules
  • The role of the Client Authorisation in PEXA
  • Verification of Identity obligations
  • A mini-cost-benefit analysis of PEXA versus paper conveyancing
  • Practitioner preparation for e-conveyancing - paperwork, internal controls and training
  • When will a transaction be out of scope for the November 2014 release?
  • Aligning e-conveyancing with its paper predecessor
  • The optional-no CT (or eCT) system
  • Regulating vendors and purchaser in a PEXA transaction - the role of the contract for sale.

Presenter:
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com

Time: 11.00am-12.30pm
Date: Friday 27 March
CLE: 1.5
Cost: $150


Session 20
Property Taxes
In this session Tony Cahill focuses on the latest changes to GST, stamp duty and land tax of relevance to property practitioners. Recent legislative amendments, rulings (and draft rulings), changes in Government policy designed to stimulate the housing sector and a growing body of case law (including at High Court level) 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 High Court on what is a "supply" for GST purposes
  • Is there a "continuing supply" when property is sold subject to existing tenancies? - Commissioner of Taxation v MBI Properties Pty Ltd
  • The High Court's view of what constitutes a "scheme" for GST purposes - Unit Trend Services Pty Ltd
  • Progress in implementing changes to the GST treatment of going concerns and farmland
  • 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"
  • Might a rebate be a taxable supply - the Full Federal Court in AP Group Limited v Commissioner of Taxation [2013] FCAFC 105
  • The availability of rectification when the contract does not reflect the parties' GST intentions
  • Changes to stamp duty and land tax enacted by the State Revenue Legislation Further Amendment Act 2014
  • The impact of electronic conveyancing on the Duties Act and on dealing with the OSR

Presenter:
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com

Time: 1.30pm-3.00pm
Date: Friday 27 March
CLE: 1.5
Cost: $150


Session 21
Disciplinary Proceedings for Lawyers
Deputy Commissioner Lynda Muston will provide the Office of Legal Services Commissioner's perspective on disciplinary issues, including an explanation of where the OLSC fits in the disciplinary scheme, its role in reviewing decisions of the Council and also a look forward at the Uniform Law and what it holds regarding disciplinary matters.

Thomas Williams is a highly experienced solicitor who has represented many legal practitioners in Disciplinary proceedings. Tom looks at the process of disciplinary proceedings from the first complaint, the procedural steps that occur, the important case law that informs the interpretation of the relevant provisions of the Legal Profession Act and standards of professional conduct and what might occur right through to a hearing in NCAT. Tom gives helpful practical tips on the best way to handle, and not to handle, complaints.

Barrister Robert Lovas examines whether, and to what extent, there is a right to silence in disciplinary proceedings and the consequences of this in terms of strategy, evidence and outcomes.

Presenters:

Ms Lynda Muston
Assistant Commissioner
Office of the Legal Services Commissioner
Phone: 9377 1800

Mr. Robert Lovas
Barrister-at-Law
4th Floor Selborne Chambers
Phone: 9231 4988
Email: lovas@4selborne.com.au

Mr. Thomas Williams
Solicitor
T A Williams
Phone: 8251 0089
Email: taw2005@bigpond.net.au

Time: 1.30pm-5.00pm
Friday 27 March
CLE: 3
Cost: $295


Session 22
Commercial Litigation- Economic Torts
Aaron Cornish will present on "Economic Torts in Commercial Law - Principles, Limitations and Possibilities" The session will be an overview of the elements, scope and boundaries of both the mainstream and exotic economic torts in Australian law, and the sometimes uneasy relationship between commercial and tort law, in part through the lens of the High Court's decision in Brookfield Multiplex Ltd v Owners-Strata Plan No 61288 (2014) 88 ALJR 911.

Presenter:
Mr. Aaron Cornish
Barrister-at-law
12th Floor Wentworth/Selborne Chambers
Phone: 9232 4016
Email: acornish@12thfloor.com.au

Time: 1.30pm- 5.00pm
Date: Friday 27 March
CLE: 3
Cost: $295


Session 23
Tax
Keeping up to date on the taxation law developments across a broad spectrum of legal practice is a difficult but necessary task. This session aims to help that process. Denis Barlin and Craig Wilson will present on:
  • capital gains tax and the CGT concessions and roll-overs when conducting restructures;
  • superannuation, estate planning and succession planning involving trusts with an emphasis on taxation and stamp duty implications;
  • recent changes in stamp duties.

Presenter:
Mr. Denis Barlin
Barrister-at-Law
Thirteenth Floor Selborne/Wentworth Chambers
Phone: 9231 6646
Email: dbarlin@wentworthchambers.com.au

Mr. Craig Wilson
Barrister-at-Law
Thirteenth Floor Selborne/Wentworth Chambers
Phone: 9221 0095
Email: cwilson@selbornechambers.com.au

Time: 1.30pm-5.00pm
Date: Friday 27 March
CLE: 3
Cost: $295


Session 24
Administrative Law
Barrister, Bridie Nolan, looks at the perennially important issue of what is a question of law. This issue arises in a myriad of contexts in different but similar language and statutory context. Looking at recent case law in a variety of legislative contexts Bridie will illuminate this difficult area.

Michael Rennie will present a paper on the Hardman Principle, that a tribunal should submit to the jurisdiction of a superior Court and not play an active role in any hearings before such a Court of review: R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13. The principle is often used to critique or assess the appropriateness of the role that tribunals or decision makers might play in any application for judicial review, and was raised recently in Cunneen v ICAC [2014] NSWCA 421. Michael will also look at in what circumstances does a tribunal or decision maker risk becoming a protagonist and endangering the "impartiality which it is expected to maintain in subsequent proceedings"? Conversely, under what circumstances does the tribunal or decision maker have a legitimate role to act as contradictor?

Presenters:
Mrs. Bridie Nolan
Barrister-at-Law
12th Floor Selborne/Wentworth Chambers
Phone: 9233 1896
Email: bnolan@12floor.com.au

Mr. Michael Rennie
Barrister-at-law
Sixth Floor, St James Hall Chambers
Phone: 9236 8636
Email: mrennie@stjames.net.au

Time: 1.30pm- 5.00pm
Date: Friday 27 March
CLE: 3
Cost: $295


Session 25
The Home Building Act 1989 for property practitioners
Most of the provisions in the Home Building Amendment Act 2014 commenced on 15 January 2015, as did the Home Building Regulation 2014. These provisions make the most far-reaching changes to the regulation of residential building work for over a decade. A number of the provisions will impact significantly on the conveyancing process.

Presented by Tony Cahill, this session is designed to consider some of the practical issues in the amending legislation relating to:
  • Redrafted definitions, inclusions and exclusions
  • The new section 95 - home warranty insurance for owner-builders abolished; amended disclosure obligations on sale
  • New disclosure obligations on sales of houses and units used for commercial purposes - section 96B
  • Difficulties with the transitional provisions
  • Preparing contracts for sale in the light of the new disclosure requirements
  • The move from "structural defects" to "major defects"

Tony will also discuss some other conveyancing-related issues arising from the domestic building legislation, including:

  • whether the lack of insurance goes to quality or to title,
  • which vendors have disclosure obligations, and what are the consequences of breach of those obligations?
  • the content and timing of inquiries and requisitions about residential building work.

The High Court decision of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 will also be discussed.

Presenter:
Mr. Tony Cahill
Legal Author and Commentator
Email: cahill.law@gmail.com

Time: 3.30pm-5.00pm
Date: Friday 27 March
CLE: 1.5
Cost: $150
 


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