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NSW State Legal Conference
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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

Tuesday 31st March 2015

32) 9.00am-12.30pm Electronic Conveyancing Workshop | 3
33) 9.00am-12.30pm Regulation 176 and Rule 57 * | 3
34) 9.00am-10.30am Directorsí Duties | 1.5
35) 9.00am-5.00pm Advocacy | 6
36) 9.00am-5.00pm Estate Planning for Lawyers | 6
37) 1.30pm-3.00pm Retirement Village Law | 1.5
38) 1.30pm-5.00pm Construction Law | 3
39) 3.30pm-5.00pm Residential Aged Care Law | 1.5
40) 3.30pm-5.00pm Insolvency: The Good, the Bad and the Ugly 1.5

Session 32
Electronic Conveyancing Workshop
In this session, Mark Swan and Peter Rosier will discuss the legal framework supporting the new electronic conveyancing system, the role of the parties - subscribers, PEXA and the land registrars - the rules surrounding verification of identity and client authorisation, how the system will run in parallel with the present paper environment, how the system will work, the benefits of electronic conveyancing and what steps you will need to take to prepare your practice for PEXA.

Greg Channell is the Senior Project Manager - NIS Legal Framework, Land and Property Information Division, Department of Finance & Services. He brings the unique perspective of the LPI and its integral role in electronic conveyancing to the session.

Mr. Mark Swan
Mills Oakley Lawyers
Phone: 8289 5800

Mr Peter Rosier
Rosier Partners
Phone: 1300 731 914

Mr. Greg Channel
Senior Project Manager
Dept of Finance & Services (Land & Property Information)
Phone: 9228 6666

Tuesday 31 March
Cost $295

Session 33
Regulation 176 and Rule 57
The Regulation 176 Seminar (also satisfies Rule 57 Practice Management and Business Skills)

Regulation 176 of the Legal Profession Regulation 2005 requires legal practitioners to complete, in every three year period, a CLE component which deals with EEO, anti-discrimination, work health and safety (and related areas) in the context of the practice of law.

This session has a strong practical element with case studies and examples relevant to the practice of law. It focuses on the rights and obligations of both employees and employers which means that this session is equally valuable for both employed solicitors and principals of law firms, and to in-house and government lawyers.

The Art of (Civil) War - Legitimate and Effective Strategies in the Conduct of Commercial Litigation (satisfies Rule 57 - Professional Skills)

Courts have repeatedly emphasised that the administration of justice is not a game. As practitioners are coming to understand the over-riding obligations of the Civil Procedure Act and the Uniform Civil Procedure Rules, some strategies which were good in the past are not good now, and some new strategies must be considered. This session will consider the key skills needed throughout the life of a dispute, dealing with both issues which arise both before and after the commencement of litigation.
The Ethics of Client Legal Privilege (satisfies Rule 57 - Ethics)

In its report into client legal privilege in February 2008, the Australian Law Reform Commission expressed the view that "there is considerable scope for improving the various levels of legal education to identify client legal privilege issues... to ensure a better understanding of the obligations of lawyers in relation to privilege claims within the context of a lawyer's overall ethical responsibilities to the court".

If your understanding of these issues has scope for improvement, this session will give you what you need. The session will consider practical examples of getting it wrong (and getting it right) when it comes to legal privilege, and assist you to identify ethical issues which arise, and then to deal with those issues once identified.

Mr. Angus Macinnis
Senior Lawyer
StevensVuaran Lawyers
Phone: 0412 388 177

Mr. Aaron Cornish
Barrister at law
12th Floor Wentworth/Selborne Chambers
Phone: (02) 8029 6306

Ms. Sharna Clemmett
Seven Wentworth Chambers
Phone: 8224 3000

9.00am - 12.30pm
Tuesday 31 March
CLE Units 3
Cost $295

Session 34
Directors' Duties
Giles Stapleton 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.

Mr. Giles Stapleton
Tenth Floor Selborne/Wentworth Chambers
Phone: 9232 4609

Time: 9.00am-10.30am
Date: Tuesday 31 March
CLE: 1.5
Cost: $150

Session 35
This session will be a full day workshop on advocacy facilitated by Geoffrey Adelstein. The aim of this workshop is to improve your advocacy skills and techniques and includes:
  • Case theory and preparation;
  • Preparation of applications including evidence;
  • Court room decorum;
  • How to persuade;
  • Examination-in-chief, Cross-examination, Re-examination;
  • Submissions.

Her Honour Judge Gibson will speak about effective advocacy in a number of problematic applications that judges come across, including show cause applications, late applications for adjournments and the obligation to cite all the relevant authorities.

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

Mr. Geoffrey Adelstein
Accredited Specialist in Advocacy & Personal Injury
Diamond Conway
Phone: 9222 8000

Ms. Michelle Castle
4th Floor Selborne Chambers
Ph: 9236 4975

Mr. Daniel Hanna
Lachlan Macquarie Chambers
Ph: 9635 1000

Time: 9.00-5.00pm
Tuesday 31 March
CLE: 6
Cost: $590.00

Session 36
Estate Planning for Lawyers
This session will address the issues that arise in helping clients structure their affairs. Firstly, during their lifetime to:
  • Limit legal claims- asset protection; - Minimise tax; - Make provisions for incapacity.

Secondly, at death to:

  • Have effective structures and strategies in place to pass wealth securely and tax effectively to intended beneficiaries sensitive to their needs, wants and circumstances.

This whole day session will cover, inter alia,

  • The role of lawyers in modern Estate Planning;
  • The Modern Art of Estate Planning;
  • Update on new bankruptcy laws;
  • Achieving asset protection with the use of Family and Testamentary Trusts;
  • Seven steps to tax effective estate planning;
  • Business succession issues;
  • Passing control of Family Trusts;
  • Passing Control of superannuation interests on death - who gets the super and how?
  • Overview of the tax consequences of death;
  • The four main "Death Taxes" explained and demonstrated;
  • The use of Trusts in modern wills to deliver tax saving and protection strategies;
  • Detailed strategies that will help reduce and/or eliminate the modern "Death Taxes";
  • A review of relevant Tax Office Interpretive Decisions and Rulings on Estate Taxation;
  • The crucial role of Will drafting in achieving tax minimisation on death;
  • Testamentary Trusts comprehensively explained and demonstrated showing advantages and disadvantages;
  • Special Estate Planning strategies for "blended families" and disabled/incapacitated beneficiaries;
  • Questions and Case Studies.

Attendance at his session satisfies for as solicitor's annual compliance with Rule 42 of the Solicitors' Rules.

Luncheon is included with this session.

Mr. Michael Fitzpatrick
Clarendene Pty Limited
Phone: 0412 012 552

Tuesday 31 March
CLE Units 6
Cost $590

Session 37
Retirement Village Law
Retirement Villages Law in NSW from a resident's perspective
Presented by Richard McCullagh BA LLB, author of 'Retirement Villages Law in NSW' published by Thomson Reuters in 2013.

The baby boomers are soon to be the biggest - and most demanding - domestic client base to call on the suburban and regional legal practitioner. Four out of five of your clients of retirement age will own their home outright, get a full or part pension and live longer but frailer, both physically and mentally. An increasingly popular accommodation option for them is a retirement village.

Topics will include:
  • Types of residence rights offered
  • Types of payments required up front
  • Consequential revenue aspects (duty, GST, CGT & pension entitlements)
  • Ongoing payments and responsibilities
  • Payments in leaving and their regulation
  • Security of tenure and refund
  • Comparison with other accommodation options for elders
  • Update on the latest Tribunal decisions
  • Q&A on some case studies

Mr. Richard McCullagh
Patrick McHugh & Co
Phone: 4369 6975

1.30pm - 3.00 pm
Tuesday 31 March
CLE 1.5
Cost $150

Session 38
Construction Law
Proportionate Liability in Construction Claims - Greg Sirtes SC
2013 was an eventful year for the proportionate liability jurisprudence. In April 2013, a majority of the High Court of Australia in the case of Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 296 ALR 3 commented that an award of damages could be apportioned on account of a third party having caused, but not being legally liable in relation to, the plaintiff's loss or damage.

In March 2013, the New South Wales Court of Appeal found that an indemnity (in New South Wales) ordinarily amounts to a contracting out of the legislation. Conflicting opinions were put forward as to whether breach of strict contractual duty is capable of being an apportionable claim. All of these issues, and other current issues surrounding proportionate liability, are likely to be of relevance to construction law practitioners and their clients.

This presentation discusses commercial applications of the legislation in the construction industry and provides practical guidance concerning proportionate liability for those concerned with contract drafting and dispute resolution.

Security of payment - case law and legislation update - Shaun Bailey
The Building and Construction Industry Amendment Act 2013 (NSW) commenced on 21 April 2014. As from this date, the Building and Construction Industry Security of Payment Act 1999 (NSW) has operated very differently to how it operated before.

For example, many payment claims now do not need to refer to the Act in any way, meaning that it will not always be obvious whether a given communication is a statutory payment claim. Of course, failure to respond appropriately to a payment claim could cause a debt to arise against the recipient. In addition, parties are no longer free to agree upon lengthy due dates for making of a progress payment, with maximum time periods for payments having been stipulated. In addition changes that are proposed under the draft Building and Construction Industry Security of Payment Amendment (Retention Trust Money Account) Regulation 2014 will be addressed. In this presentation, the amendments are discussed and recent cases on security of payment are reviewed.

Christopher Kerin will speak about the latest Home Building Act reforms and the High Court decision in Brookfield Multiplex in relation to duties owed by builders to owners' corporations.

David Starkoff will consider the implications of Brookfield Multiplex in large scale Construction projects and in particular:
  • The effect of Brookfield Multiplex on parties appointing superintendents.
  • Contract drafting to preserve liability for defects, both for original and subsequent purchasers.

Mr. Greg Sirtes SC
12th Floor Selborne/Wentworth Chambers
Phone: 9233 1434

Mr. Shaun Bailey
Corrs Chambers Westgarth
Phone: 9210 6500

Mr. Christopher Kerin
Kerin Benson Lawyers Pty Ltd
Phone: 8706 7060

Mr. David Starkoff
Special Counsel
Corrs Chambers Westgrath
Phone: 9210 6500

1.30pm - 5.00 pm
Tuesday 31 March
Cost $295

Session 39
Residential Aged Care Law
Aged care law reforms from a resident's perspective

Present by Richard McCullagh, author of 'Moving into residential aged care', Chapter 18 of 'Retirement villages law in NSW' published by Thomson Reuters in 2013.

Residential aged care is not so much an accommodation option but a care need for an elderly person, often in urgent circumstances. Traditionally the province of financial planners, there is no reason why lawyers should not be equally up to the task of advising on how this highly regulated form of care provision works and how the client's assets are best utilized to make the required payments.

Topics to be covered will include:
  • The old pre-1 July 2014 regime
  • Levels of care
  • Corresponding entry payments
  • Ongoing payments, including the income tested daily fee
  • Refund and retention of bonds
  • The new post-1 July 2014 regime
  • The new acronyms
  • One level of care
  • New entry payments
  • Ongoing payments, including the means tested care fee
  • Refund of refundable accommodation deposit
  • Some revenue & pension-friendly strategies
  • Q&A with case studies

Mr. Richard McCullagh
Patrick McHugh & Co
Phone: 4369 6975

3.30pm - 5.00 pm
Tuesday 31 March
CLE 1.5
Cost $150

Session 40
Insolvency: The Good, the Bad and the Ugly
The line between a pre-pack arrangement and phoenix activity for SMEs

Phoenix activity, also known as asset stripping, is being targeted by the regulators as an inappropriate response to corporate insolvency. This seminar considers the line between legal pre-pack arrangements and illegal phoenix activity for small-to-medium sized enterprises (SMEs). The seminar analyses the legal definition of phoenix activity, problems for regulators (and liquidators) with regulatory responses and three case studies. The focus of the seminar is the position of professional advisors of SMEs considering a business transfer as a response to corporate insolvency.

Mr. Ben Sewell
Sewell & Kettle Pty Ltd
Phone: 8251 0075

3.30pm - 5.00 pm
Tuesday 31 March
CLE 1.5
Cost $150

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NSW State Legal Conference