The New South Wales
State Legal Conference
ABN 27 085 880 164
SMC Conference Centre,
Cnr Goulburn and Castlereagh Streets,
Sydney. N.S.W.

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Thursday 21st August

Packages available for this day
Please note: you are able to register for a full day package, or individual sessions.

D) 9.00am-5.00pm Property Law Package II Sessions 11, 16 & 20 | MCLE: 6
E) 9.00am-5.00pm Death, Taxes & Asset Protection Session 12 | MCLE: 6
F) 9.00am-5.00pm Personal Injury Package II Sessions 13 & 17 | MCLE: 6
G) 9.00am-5.00pm Commercial Law Package Sessions 14 & 18 | MCLE: 6


Session 11

Implementing Mortgage Transactions
This session concentrates on solicitors' roles when secured lending transactions are entered into, to ensure tht the transaction will be enforceable and should not be capable of being avoided. The topics include:

- Loan approval, valuations;
- Preparation, execution and attestation of security documents;
- Explanation and advice, including Solicitors' Rule 45;
- Several grounds for avoiding liability, including protection for lenders;
- Significant drafting aspects, such as interest provisions on default, right to redeem before due date, costs provisions, default provisions and power of attorney by mortgagor to mortgagee.

Presenter:

Mr. Andrew Lang OAM
Legal Author

9.00am-12.30pm
Thursday 21st March
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 12

Estate Planning
Helping clients structure their affairs during their lifetime to:

- Limit legal claims - asset protection
- Minimise tax
- Make provisions for incapacity

And on 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:

1. The role of Lawyers in modern Estate Planning
2. The Modern Art of Estate Planning
3. Update of new Bankruptcy laws
4. Achieving Asset Protection with the use of Family and Testamentary Trusts
5. 7 Steps to tax effective estate planning
6. Business Succession Issues
7. Passing Control of Family Trusts
8. Passing control of Superannuation interests on Death -Who gets the Super and How
9. Overview of the Tax Consequences of Death
10. The 4 Main "Death Taxes" explained and demonstrated
11. Use of Trusts in modern Wills to deliver effective tax saving and protection strategies
12. Detailed strategies which will help reduce and/or eliminate the modern "Death Taxes";
13. A review of relevant Tax Office Interpretive Decisions and Rulings on Estate Taxation
14. The crucial role of Will drafting in achieving tax minimisation on death
15. Testamentary Trusts comprehensively explained and demonstrated showing advantages and disadvantages
16. Special estate planning strategies for "blended families" and disabled/incapacitated beneficiaries
17. Questions and Case Studies

Presenter:

Mr. Michael Fitzpatrick
Solicitor & Director
Clarendene Pty Limited
Phone: 1300 799 615
Email: michaelfitzpatrick@clarendene.com.au

9.00am-5.00pm
Thursday 21st August
Claimable CLE Units 6
Cost: $440 GST $44 Total incl GST $484

Session 13

Negotiation for Lawyers
Since "Getting to Yes" was first published in the early 1980s it has become the leading text discussing how to influence others to do a good deal. Originally the product of research funded to come up with the best way for people to deal with differences, the book has been translated into many languages and sold many copies.

The theories detailed in "Getting to Yes" offer a rounded approach to negotiation and can be used to advantage by litigious and transactional lawyers.

In this session, using the "Elements of Principled Negotiation" described in "Getting to Yes" and "Beyond Machiavelli" you will learn:

- How to recognise a good deal when it is offered;
- How to use standards of legitimacy to be truly influential;
- Communication skills that smooth negotiation;
- The differences between the Competitive and the Cooperative styles of negotiation, their benefits and downfalls;
- How to maintain relationships when we negotiate (and why);
- The differences between a "position" and an "interest";
- How to close the deal;
- What are your options if the negotiation fails.

This session will be fast paced and involve interactive discussion and exercises to demonstrate the lessons that we can take from "Getting to Yes" and the work of the Harvard Negotiation Project. Skills learned can be used in everyday negotiations, in mediation, at work and in your personal life.

Presenter:

Mr. Steve Lancken
Mediator and Arbitrator
Workers Compensation Commission Mediator, Arbitrator & Costs Assessor
The Trillium Group
Phone: 0418 272 449
Email: steve@thetrilliumgroup.com.au

9.00am-12.30pm
Thursday 21st August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 14

Corporate Insolvency
In this session, chaired by Geoff Roberson, Ray Mainsbridge will address recent amendments to Chapter 5 of the Corporations Act and their practical impact on voluntary administrations and liquidations he will also consider the recently enacted cross-border insolvency laws. Mark Speakman will speak on recent case law on Part 5.7B of the Corporations Act (voidable transactions and insolvent trading) The liquidator's duty to act impartially and Issues of bias will be considered by Duncan Macfarlane. He proposes to discuss the issues facing a liquidator where the interests of creditors diverge and also the potential remedies a disgruntled creditor has against a liquidator who it perceives is biased

Presenters:

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

Mr. Mark Speakman SC
Barrister-at-Law
Wentworth Chambers
Phone: 9223 2715
Email: speakman@tenthfloor.org

Mr Duncan Macfarlane
Barrister at Law
10 Wentworth Chambers
Phone: 9232 4609
Email: macfarlane@tenthfloor.org

Mr. Raymon Mainsbridge
Partner
Blake Dawson
Phone: 9258 6421
Email: ray.mainsbridge@blakedawson.com

9.00am-12.30pm
Thursday 21st August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 15

Family Law Update
In this session, chaired by Ian Serisier, Michelle Castle will address recent developments in the Family Law costs regime.

Kerrie Rosati will give a presentation on solicitor/own client costs no longer dealt with in Ch. 19 of the Family Law Rules and what happens to Cost Agreements in Family Court matters entered into before 1st July 2008. She will also discuss preparing a Cost Agreement and Disclosure Letter in Family Court and Federal Magistrate's Court proceedings after 1st July 2008.

Anna Cox will speak on Party/party cost orders in the Family Court and party/party cost orders in the Federal Magistrate's Court. She will also address party/party cost orders in proceedings transferred from NSW Supreme Court to the Family Court as well as costs orders/cost regime in proceedings transferred between the Federal Magisgtrate's Court and the Family Court.

Marilyn Hauptman will review recent Family Court decisions.

Presenters:

Mr. Ian Serisier (Chair)
Special Counsel
Swaab Attorneys
Phone: 9233 5544
Email: ids@swaab.com.au

Ms. Michelle Castle
Barrister at Law
4 Selborne Chambers
Phone: 9231 4988
Email: mcastle@4selborne.com.au

Ms. Kerrie Rosati
Managing Director
D. G. Thompson Pty Limited
Phone: 9977 9200
Email: kerri.rosati@dgt.com.au

Ms. Anna Cox
Senior Costs Consultant
D. G. Thompson Pty Limited
Phone: 9977 9200
Email: anna.cox@dgt.com.au

Ms. Elizabeth Resite
Swaab Attorneys
Phone: 9233 5544
Email: ejr@swaab.com.au

9.00am-12.30pm
Thursday 21st August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 16

Commercial Leases Update
The decisions summarised in this seminar are considered the most relevant for practitioners, over the past year or so. They are or will be reported in Lang's Commercial Leasing in Australia (CCH).

The session will address:

- Refusal of consent to assignment;
- Relocation notices;
- Rent increase during option period;
- Serious water damage to shop;
- Lease by operation of estoppel.

Presenter:

Mr. Andrew Lang OAM
Legal Author

1.30pm-3.00pm
Thursday 21st August
Claimable CLE Units 1.5
Cost $110 GST $11 Total incl GST $121

Session 17

Workers Compensation
In this session Brian Moroney will address recent developments in the Workers Compensation Commission. Sian Leathan will review case management in light of the Commission's recent trials of new procedures.

Dr. Julian Parmegiani will speak on the Commission's handling of psychiatric issues involving Workers Compensation Commission claims. Steve Lancken will consider mediation issues in the Commission and Anne Brietton will address issues in arbitration in workers' compensation.

Mr. Steve Lancken (Chair)
Mediator and Arbitrator
Workers Compensation Commission Arbitrator, Mediator and Costs Assessor
The Trillium Group
Phone: 0418 272 449
Email: steve@thetrilliumgroup.com.au

Mr. Brian Moroney
Partner
Moroney Lawyers
Phone: 8252 7660
Email: Brian.Moroney@moroney.com.au

Ms. Sian Leathem
Registrar
The Workers Compensation Commission of New South Wales
Phone: 1300 368 040

Dr. Julian Parmegiani
Chambers Medical Specialists
Phone: 9264 7311
Email: cmsmail@tpg.com.au

Ms Anne Britton
Deputy President
Community Services Division
Administrative Decisions Tribunal
Arbitrator
Phone: 9223 4677
Email: abritton@vtown.com.au

1.30pm-5.00pm
Thursday 21st August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 18

Commercial Litigation
In this session chaired by John Driscoll, Karen Ingram will focus on Private Equity acquisitions and exits and the impact on, and implications for, the rights of directors, management and shareholders of the subject company. Peter Long will consider product liability for property damage and pure economic loss paying particular attention to the impact of the proportionate liability legislation on those two areas. Julieanne Cox address how to draft an ADR clause so it actually works. A review and update of Offers of Compromise, Calderbank letters and orders for less than full costs will be conducted by David Bray.

Presenters:

Mr. John Driscoll (Chair)
Consultant
Maguire & McInerney
Phone: 4228 5911
Email: john@mandm.net.au

Ms. Julieanne Cox
Partner
Baker & McKenzie
Phone: 9225 0200
Email: julieanne.cox@kabernet.com

Mr. Peter Long
Partner
Long Howland Lawyers & Advisors
Phone: 6742 5677
Email: peter@lhlawyers.com.au

Mr. David Bray
Partner
Champion Legal
Phone: 9635 8266
Email: bray@champion.com.au

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

1.30pm-5.00pm
Thursday 21st August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 19

For Sole practitioners and Small Firms
Looking after the Mums and Dads and Small Businesses of Australia. To find out about a totally new basis on which your small firm can operate - attend this free seminar!

Until now you have had to collect your own information from legal papers and seminars and work out where to file it and how to retrieve the information when you need it.

Until now you have had to worry each day about what you don't know and what mistakes you might have made.

Until now you have wondered how to make enough money to make it worthwhile.

Until now are you wondering how to get out of law?

LEAP and BY LAWYERS FOR LAWYERS have a solution that combines the best technology and on-line legal information in such a way that is so easy and comprehensive that your practice will never be the same again.

The presenters for this session include Guy Dawson of BY LAWYERS FOR LAWYERS and Colin Panagakis, NSW Sales & Marketing Manager of LEAP Legal.

Presenters:

Mr. Guy Dawson
Our Lawyers
Phone: 4872 4004
Email: guydawson@ourlawyers.com.au

Mr. Colin Panagakis
LEAP Legal
Phone: 8273 7588
Email: colin.panagakis@leap.com.au

1.30pm-3.00pm
Thursday 21st August
Claimable CLE Units 1.5
FREE LEAP SESSION

Session 20

Rent Review
This is a comprehensive seminar, for leassor' and leassees' representatives, on drafting and implementing rent review clauses, including:

- The need for modes of and frequency of reviews;
- Significant issues with expert determinations:
- Drafting rent review cases;
- Implementing rent review clauses;
- Relevance of GST;
- Criteria for rent review;
- Some precedents.

Presenter:

Mr. Andrew Lang OAM
Legal Author

3.30pm-5.00pm
Thursday 21st August
Claimable CLE Units 1.5
Cost $110 GST $11 Total incl GST $121

Session 21

Starting a New Law Firm and Building Your Practice
If you have ever considered starting a new law firm or would like to build your existing practice, this session is a must.

We will present the reality of how firms have traditionally been organised and demonstrate more efficient systems for the modern law firm to promote growth and profitability.

These include:

- Managing clients & matters from a single database
- Integrated legal accounting, including trust, time recording, cost recoveries & disbursements
- Precedents, guides, commentary and forms to cover all general areas of law
- Electronic File - including created documents, scanned documents, emails, faxes, precedents, research, searches and file notes
- Organising your time and appointments using Outlook calendar
- Emailing directly from the electronic matter and creating secure attachments
- Researching relevant information via the web and saving information to your matter
- Recommendations relating to computer hardware and reliable IT environments
- Powerful business intelligence and reporting tools
- Building a website and providing access for your key clients to view selected matter information in real time

This session will help you make informed decisions about introducing innovative systems and processes to ensure your firm's growth. Whether you are a sole practitioner or a partner with 20 staff, firms using LEAP have grown substantially using these proven strategies. Sponsored by LEAP Legal.

Presenters:

Ms. Sonia Morales
B.A, LLB
Product Consultant
LEAP Legal
Phone: 8273 7588
Email: sonia.morales@leap.com.au

Mr. Colin Panagakis
NSW Sales & Marketing Manager
LEAP Legal
Phone: 8273 7588
Email: colin.panagakis@leap.com.au

3.30pm-5.00pm
Thursday 21st August
Claimable CLE Units 1.5
FREE LEAP SESSION

* The numbers for the Free LEAP sessions are limited. Registrations are accepted for these sessions subject to the availability of space.


MCLE

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Enquiries
All enquiries should be directed to:

Michael Bach, Conference Manager,
The New South Wales State Legal Conference
DX 294 Sydney or GPO Box 3505, Sydney, NSW, 2001
Telephone: (02) 9550 6063
Fax: (02) 9565 5714
Email: mbach@nswstatelegal.com.au
Website: www.nswstatelegal.com.au

The Conference management is committed to staging a successful Conference; however, to achieve this aim, it reserves the right to make changes to the program.