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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

Monday 30th March 2015

26) 9.00am-12.30pm The Law of Social Media | 3
27) 9.00am-12.30pm Medical Negligence | 3
28) 1.30pm-5.00pm Defamation | 3
29) 1.30pm-5.00pm New Developments in Costs | 3
30) 1.30pm-5.00pm Rule 57 Mandatory Units for Property Lawyers | 3
31) 1.30pm-5.00pm Wills and Estate Planning | 3

Session 26
The Law of Social Media
The use of social media is occupying an increasing amount of time of an increasing number of people. Even if you are not using social media, your clients (and your colleagues and staff) will be using social media. Some of the legal issues are familiar as part of the media law which applies to "old media" (or "industrial media" or "heritage media"). Some of the legal issues of social media use are either new, or present, on social media in a very different context.
This session will survey a number of the different areas which make up "the law of social media", including:
  • Social media and the criminal law, to be presented by Andrew Tiedt of Armstrong Legal.
  • Social media and IP/Media law, to be presented by Patrick Gardner of legal.consult.
  • Social media and employment law/lawyers' professional responsibilities, to be presented by Angus Macinnis of StevensVuaran Lawyers.

Presenters:
Mr. Andrew Tiedt
Solicitor
Armstrong Legal
Phone: 9261 4555
Email: atiedt@armstronglegal.com.au

Mr. Patrick Gardner
Solicitor
legal.consult
Phone: (02) 8090 3698
Email: patrick.gardner@legalconsult.com.au

Mr. Angus Macinnis
Senior Lawyer
StevensVuaran Lawyers
Phone: 0412 388 177
Email: angus@stevensvuaranlawyers.com

Time: 9.00-12.30pm
Monday 30 March
CLE: 3
Cost: $295


Session 27
Medical Negligence (Half Day)
Barrister, Lynda Young, looks at recent developments in relation to section 5 O of the Civil Liability Act. A number of different perspectives and interpretations of that provision have arisen and sound knowledge of the principles is crucial for any medical Negligence practitioner.

Barrister, Michelle Daniels, considers the civil, criminal and ethical issues in relation to assisted suicide, including potential liability of health practitioners.

Barrister, Peter D'Arcy-King, considers the complex area of consent including capacity, the duty of disclosure, causation and special cases.

Presenters:
Ms. Lynda Young
Barrister-at-Law
4th floor, Selborne Chambers
Phone: 9236 4925
Email: lyoung@4selborne.com.au

Ms. Michelle Daniels
Barrister-at-Law
4th Floor, Selborne Chambers
Phone: 9236 4909
Email: mdaniels@4selborne.com.au

Mr. Peter D'Arcy-King
Barrister-at-Law
4th Floor Selborne Chambers
Phone: 9236 4907
Email: pdk@4selborne.com.au

9.00am-12.30pm
Monday 30 March
CLE Units 3
Cost $295


Session 28
Defamation
How is the uniform legislation, drafted before Facebook or Twitter were invented, standing up to social media and Internet publication claims? Will the proportionality principle (Bleyer v Google Inc [2014] NSWSC 897) survive appeal? How well are the existing defences (notably partial justification, "Hore-Lacy" and offer of amends) working? Are judges using different methods to calculate damages? These are some of the issues which will be debated.

Topics to be covered include:
  • overview of defences
  • navigating case management issues and the Practice Notes
  • key points in assessment of damages

Penelope Wass SC will present case studies on damages awards handed down in 2014 and emerging trends in damages.

Matthew Lewis will consider the internet and defamation and present case studies and trends.

Presenters:
The Hon. Judge Judith Gibson
District Court of NSW
Phone: 9377 5044

Ms. Penelope Wass SC
Barrister-at-Law
Sixth Floor Selborne/Wentworth Chambers
Phone: 9221 9789
Email: pwass@sixthfloor.com.au

Mr. Matthew Lewis
Barrister-at-Law
5th Floor Wentworth Chambers
Phone: 8815 9189
Email: matthew.lewis@5wentworth.com

Time 1.30pm-5.00pm
Monday 30 March
CLE 3
Cost $295


Session 29
New Developments in Costs
Jim Milne, acting Legal Services Commissioner and Samantha Gulliver of the OLSC will jointly present a session covering the role, functions and powers of the Legal Services Commissioner under Chapter 5 of the Legal Profession Uniform Law. In particular, they will consider the Commissioner's new powers to make determinations in consumer matters and binding determinations in costs disputes.

Kerrie Rosati and Jacqueline Highfield, experienced specialist costs solicitors will give a presentation on costing at the coalface.
John Fleming will speak about questions most frequently asked of the Law Society in relation to costs.

Barrister, John Sharpe, will present his very useful update on recent costs cases.

Presenters:
Mr. Jim Milne
Acting Legal Services Commissioner
Office of the Legal Services Commissioner
Phone: 9377 1800

Ms. Samantha Gulliver
Senior Legal & Policy Officer
Office of the Legal Services Commissioner
Phone: 9377 1800
Email: samantha_gulliver@agd.nsw.gov.au

Ms. Kerrie Rosati and Jacqueline Highfield
Solicitors
DGT Costs Lawyers
Phone: 9977 9200
Email: Kerrie.rosati@dgt.com.au or Jacqueline.highfield@dgt.com.au 

Mr. John Fleming
Costs Solicitor
The Law Society of NSW
Phone: 9926 0333
Email: john.fleming@lawsociety.com.au

Mr. John Sharpe
Barrister-at-Law
Elizabeth Street Chambers
Phone: 9336 5375
Email: sharpe@estc.net.au

Time: 1.30pm- 5.00pm
Monday 30 March
CLE: 3
Cost: $295


Session 30
Rule 57 Mandatory Units for Property Lawyers
Rule 57.1.6 of the New South Wales Professional Conduct and Practice Rules 2013 requires a solicitor to complete at least 1 MCLE unit annually in each of the three fields:
  • Ethics and Professional Responsibility
  • Practice Management and business skills
  • Professional skills

This session presented by Tony Cahill is designed to satisfy the requirements of the Rule with a focus on topics of relevance and interest to property practitioners.

Ethics and Professional Responsibility
Tony will raise a number of ethical dilemmas frequently confronted by practitioners in real estate transactions, covering topics such as the use of rebates in vendor-purchaser transactions; disclosure obligations; the status of practitioner undertakings and "side agreements" at auctions.

Practice Management and business skills
In this presentation Tony will focus on risk management and its implications for property lawyers. The session will address several of the key principles of risk management, and then focus on identification of hazards in legal practice generally, and in specific "risk-filled" areas of property practice such as option, mortgage and lease transactions.

Professional skills
This session will address the use of free online legal resources to find the law cost-effectively. Searching and research strategies using the key legal gateways (principally AustLII, Legislation NSW, ComLaw, and Caselaw NSW) will be discussed. The use of relatively recent additions to these sites (such as LawCite in AustLII and the NSW Bills and Explanatory Notes tab on the NSW Legislation site) will be specifically addressed.

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

1.30pm-5.00pm
Monday 30 March
CLE Units 3
Cost $295


Session 31
Wills and Estate Planning
In this session chaired by Pamela Suttor, Lindsay Ellison SC will consider the topic of "Knowledge and approval - contents of the Will" and will consider the issues surrounding knowledge and approval including capacity, precautions, solicitor beneficiaries and recent cases.

Michael Willmott SC will give a presentation on judicial advice: how, when and where to use it.

Tim Breene will consider important issues in Estate Planning including superannuation and the effective use of Testamentary Trusts.

Presenters:
Ms. Pamela Suttor (Chair)
Principal
L Rundle and Co
Phone: 9299 1828
Email: psuttor@lrundle.com.au

Mr. Lindsay Ellison SC
Barrister-at-Law
Sixteenth Floor Wardell Chambers
Phone: 9231 3133
Email: clerk@16wardell.com.au

Mr. Michael Willmott SC
Barrister-at-Law
13 Floor St James Hall
Phone: 9335 3075
Email: mwillmott@stjames.net.au

Mr. Tim Breene
Partner
Breene & Breene Solicitors
Phone: 9232 5811
Email: timbreene@breene.com.au

1.30pm-5.00pm
Monday 30 March
CLE Units 3
Cost $295
 


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