August 2008 Conference
General Information | Conference at a Glance | Speakers
Wednesday 20th | Thursday 21st | Friday 22nd | Registration

Friday 22nd August

• 22 9.00am-12.30pm Elder Law | MCLE: 3
• 23 9.00am-12.30pm Civil Liability | MCLE: 3
• 24 9.00am-10.00am Regulation 176 | MCLE: 1
• 25 9.00am- 12.30pm Liability in Health Care | MCLE: 3
• 26 9.00am-12.30pm Practice Management UNE | MCLE: 3
• 27 9.00am-5.00pm Online Legal Research** | MCLE: 6
• 28 9.00am-12.30pm Energy Law and Emissions Trading | MCLE: 3
• 29 10.30am-12.30pm New Leases Legislation | MCLE: 2
• 30 1.30pm-5.00pm Life Insurance and Superannuation Litigation | MCLE: 3
• 31 1.30pm-5.00pm Commercial Contracts | MCLE: 3

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

H) 9.00am-5.00pm Elder Law Package Sessions 22 & 30 | MCLE: 6
I) 9.00am-5.00pm Online Legal Research Session 27 | MCLE: 6
J) 9.00am-5.00pm Commercial Law Package II Sessions 28 & 31 | MCLE: 6

Session 22

Elder Law
Following the very successful Law Week seminar held earlier this year, Pam Suttor, Sue Field, Sue Kurrle and Therry Sorrell will again present a challenging and thought provoking insight into some of the issues surrounding elder abuse. The speakers will provide an insight into the role of the medical practitioner, highlight some recent cases, discuss the impact on Centrelink benefits, examine the contentious issue of mental capacity (or incapacity) and provide some guidelines for legal practitioners when acting for older clients

Presenters:

Ms. Sue Field (Chair)
The Public Trustee of NSW Fellow of Elder Law
University of Western Sydney
Phone: 9685 9626
Email: S.Field@uws.edu.au

Mr. Therry Sorrell
Financial Informtion Services
Centrelink, Parramatta
Phone: 9865 9163
Email: therry.sorrel@centrelink.gov.au

Ms. Pamela Suttor
Partner
L Rundle & Co
Phone: 9874 5562
Email: psuttor@lrundle.com.au

Associate Professor Susan Kurrle
Curran Chair in Health Care of Older People
Faculty of Medicine
The University of Sydney
Phone: 9477 9245
Email: kurrle@bigpond.com

9.00am-12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 23

Civil Liability
In this session chaired by Howard Harrison, Stephen O'Halloran will address workplace damages claims. Armando Gardiman will speak on dust diseases litigation. Michael Snell will look at issues concerning the Statute of Limitations while Geoffrey Gemmell will address recent Court of Appeal cases. Ian Newbrun will present on Civil Liability considerations with wrongful detention, detention centres, wrongful arrest and on wrongful detention cases more generally and David Lloyd will address developments in professional liability.

Presenters:

Mr. Howard Harrison, (Chair)
Managing Partner
Carroll & O'Dea
Phone: 9291 7100
Email: Howard_Harrison@codea.com.au

Mr. Stephen O'Halloran
Partner
White Barnes
Phone: 9263 3233
Email: mail@whitebarnes.com.au

Mr. Ian Newbrun
Barrister-at-Law
Jack Shand Chambers
Phone: 9233 7711
Email: newbrun@jackshand.com.au

Mr. Armando Gardiman
Partner
Turner Freeman
Phone: 8833 2500
Email: ajg@turnerfreeman.com.au

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

Mr. Michael Snell
Barrister-at-Law
William Deane Chambers
Phone: 9231 0077
Email: snell@williamdeanechambers.com.au

Mr. David Lloyd
Barrister-at-Law
12 Selborne Chambers
Phone: 9232 4272
Email: davidlloyd@12thfloor.com.au

9.00am-12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 24

Regulation 176
Mandatory CLE Do you comply with the Regulation?
Regulation 176 of the Legal Profession Regulations requires all practitioners to undertake a course of CLE that deals primarily with the practice of law and covers EEO, the law relating to discrimination and harassment, occupational health and safety and employment law, every three years.

When did you last undertake a course that complies with this mandatory requirement?

Angus Macinnis has been presenting seminars that comply with the mandatory requirement since it was first introduced. This session has a strong practical element with case studies and examples relevant to the practice of law. His focus on the rights and obligations of both employees and employers means that this session is equally valuable for both employed solicitors and principals of law firms. As well as presenting this session at external conferences such as the State Legal Conference, Angus has presented this session in-house to a number of Sydney law firms. Angus is also frequently asked to deliver in-house training to line managers, and to employees, to assist them to recognise and comply with workplace obligations.

Angus Macinnis' practice spans the full spectrum of industrial relations, employment, occupational health and safety and anti-discrimination law.

Presenter:

Mr. Angus Macinnis
Senior Associate
Dibbs Abbott Stillman Lawyers
Phone: 8233 9500
Email: angus.macinnis@daslaw.com.au

9.00am-10.00am
Friday 22nd August
Claimable CLE Units 1
Cost $110 GST $11 Total incl GST $121

Session 25

Liability in Health Care
Liability arising out of harm sustained by patients during health care can extend to a range of health professionals and institutions as well as to the manufacturers of medicines and medical devices where causally-relevant to the injury sustained. Significant changes to the law in respect of tortious liability in Negligence were introduced by the NSW Civil Liability Act 2002. These will be addressed by way of an up-date on the application of the legislation as relevantly interpreted by Courts. The significant role of the expert witness in litigation will also be considered. Coronial Inquests inquiring into the manner and cause of deaths, from time to time also consider any relevant role of health professionals and/ or health institutions. The NSW Health Care Complaints Commission investigates complaints against health professionals arising out of health care.

In this session chaired by Peter Dwyer, important issues relevant to the presentation of expert evidence will be addressed by Dr. Roy Beran. NSW Deputy State Coronor, Paul MacMahon will speak on Coronial Inquests involving health professionals and institutions. NSW Health Care Complaints Commissioner, Kieran Pehm, will address the role of the Commission. Ms. Valerie Health, Barrister, will provide an update on the NSW Civil Liability Act 2002. Mrs Vasantha Stesin, Solicitor, will present an overview of liability issues relevant to pharmaceuticals and medical devices and their manufacturers; and Mr. Bill Madden, Solicitor will address issues of importance in health care liability litigation from the perspective of a plaintiff's solicitor.

Adjunct Associate Professor Peter Dwyer (Chair)
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: p.dwyer@mauricebyers.com

Magistrate Paul MacMahon
Deputy State Coroner
Phone: 8584 7777

Mr. Kieran Pehm
The Commissioner
Health Care Complaints Commission
Phone: 9219 7444
Email: hccc@hccc.nsw.gov.au

Professor Roy Beran
Specialist Neurologist
University of New South Wales
Phone: 9415 3800
Email: Roy.Beran@unsw.edu.au

Mrs. Vasantha Stesin
Solicitor
Senior Lecturer
Drug Development Studies
University of New South Wales
Phone: 03 9596 0697
Email: vstesin@nemesis.com.au

Ms. Valerie Heath
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: vheath@mauricebyers.com

Mr. Bill Madden
Partner
Slater & Gordon
Phone: 8267 0600
Email: wmadden@slatergordon.com.au

9.00am - 12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 26

Transforming Legal Practice Management - Future Strategies
Today's legal practices operate in a highly competitive market - highlighting the significance of a cohesive functioning team to manage, plan, evaluate business opportunities and maintain staff skills in an ever changing work environment. This session is a joint presentation by University of New England Law School, UNE Graduate School of Business and UNE Partnerships. It will outline the elements essential to modern legal practice management from a multi disciplinary approach: combining the strengths of marketing, legal practice theory, and hands-on implementation strategies to maximize the competitive edge of your practice.

Presenters:

Mr. Allan Stockman (Chair)
Partner
Stockman & Evans
Phone: 9708 1300
Email: allan@selaw.com.au

Mr. Craig Collins
Lecturer, School of Law
University of New England
Phone: 6773 5209
Email: ccollin6@une.edu.au

Mr. John Page
Lecturer, School of Law
University of New England
Phone: 6773 2440
Email: jpage4@une.edu.au

Mr. Fredy Valenzuela
Lecturer, School of Business Economics and Public Policy
University of New England
Phone: 6773 2054
Email: fvalenzu@une.edu.au

Mr. Andrew Lawson
UNE Partnerships
Phone: 0400 221 136
Email: andrew.lawson@unepartnerships.edu.au

9.00am-12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 27

Online Legal Research
With Web 2.0 technologies becoming so established online legal research skills should no longer be contained to the old favourite resources. Fabian Horton's course stands out from the rest because he teaches you how to continually update your knowledge of online legal resources, rather than "just showing you a few sites". You will receive the knowledge, skills and techniques required to be a truly effective online legal researcher. In this full day course each participant will be equipped with a computer, hence numbers are limited. While the information supplied will take researchers to an advanced level, beginners are well catered for.

Section 1:
Online Research Techniques (Updated for Web 2.0) - The face of the Internet is going through fundamental changes. You will be taught the latest searching techniques as well as exploring the wide range of legal data available on the web. Fabian will also explain advanced Boolean techniques and what the "Semantic Web" has install for lawyers.

Section 2:
Researching Case Law - You will learn advanced 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 3:
Researching Legislation - This section will continue with the 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 4:
Researching Secondary Materials (Updated for Web 2.0) - With Web 2.0 sites becoming so prevalent you will learn how to take full advantage of what the technologies have to offer. 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.

Fabian Horton is a practicing solicitor and director of ConnectLaw, a company that specialises in supplying legal research to the legal profession. Fabian has extensive experience in legal technologies and on-line legal applications and was previously the Training Officer for the Australasian Legal Information Institute (AustLII). He has lectured at UNSW, UTS and La Trobe Universities in legal research and continues to present seminars on the subject across Australia.

This session will be held at Forrest Training, Specialists in Computer Training & Consulting, 7th Floor, 83 York Street, Sydney.

Lunch is included with this session;

Presenter:

Mr. Fabian Horton
Solicitor
ConnectLaw
www.connectlaw.com.au
Phone: 03 5021 6237
Email: fabian@connectlaw.com.au

9.00am-5.00pm
Friday 22nd August
Claimable CLE Units 6
Cost: $500 GST $50 Total incl GST $550

Session 28

Energy Law and Emissions Trading
Australia's energy law is taking shape as a national scheme law for electricity and gas. New opportunities are emerging for practitioners to practice in the range of energy law activities and emissions trading. This session will give an insight into the existing energy law activities and the new developments in the energy sector and national market for energy including the transfer of assets to the private sector.

Presenters Mitzi Gilligan and Paul Wentworth have extensive experience in energy law and emissions trading, utilities and major infrastructure activities. Ian Tunstall advises on energy matters involving consumer disputes and edits an energy law and economics newsletter.

Presenters:

Mr. Ian Tunstall (Chair)
Solicitor/Economist
Legal Author
Phone: 0414 481 555
Email: tunstall@pnc.com.au 


Ms. Mitzi Gilligan
Partner
Minter Ellison Lawyers
Phone: 9921 8888
Email: mitzi.gilligan@minterellison.com

Mr. Paul Wentworth
Partner
Minter Ellison Lawyers
Phone: 9921 8888
Email: paul.wentworth@minterellison.com

9.00am-12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost $220 GST $22 Total incl GST $242

Session 29

Summary of the Proposed Amendments to the Retail Leases Act
In this two hour session, Anthony Herro will deliver a practical and dynamic presentation on the anticipated amendments to the Retail Leases Act (NSW). In April 2008 the Retail Tenancy Unit issued a Discussion Paper to obtain feedback from the retail lease industry in relation to proposed amendments to the Retail Leases Act. This seminar will bring
practitioners up to date with the proposed amendments to the Act to enable them to identify and impliment these changes, whether acting for Landlords or Tenants. An essential seminar for those practicing in the area of retail leasing.

Presenter:

Mr. Anthony Herro
Accredited Mediator (ACC.MLEADR) & Mediator on the Retail Tenancy Unity Panel
Principal
Herro Solicitors
Phone: 9247 0100
Email: Anthony@herro.com.au

10.30am-12.30pm
Friday 22nd August
Claimable CLE Units 3
Cost: $150 GST $15 Total incl GST $165

Session 30

Life Insurance and Superannuation Litigation

Topics include:

- life insurance overview: benefits, products, players, claims management & litigation
- superannuation litigation in Equity: practice, principles & recent developments
- superannuation litigation via the SCT: Superannuation Complaints Tribunal and Federal Court Appeals

Since the introduction of the superannuation guarantee levy and, more recently, restrictions on common law rights, superannuation and life insurance have become increasingly important vehicles not only for retirement savings but for protection of members against adverse events. Many private and commercial clients will have interests in such funds or participate in retail or group insurance. This introduction to life insurance and superannuation litigation will suit practitioners interested in developing expertise in this growing practice area as well as in-house managers for funds, employers and insurers.

Presenters:

Ms. Lisa Marie McKechnie
Senior Associate
Minter Ellison Lawyers, Sydney
Phone: 9921 8888
Email: lisamariemckechnie@minterellison.com

Ms. Valerie Heath
Barrister-at-Law
Maurice Byers Chambers
Phone: 8233 0300
Email: vheath@mauricebyers.com

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

1.30pm-5.00pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

Session 31

Commercial Contracts
The Proportionate Liability Regime and its impact on Commercial Contracts
Proportionate liability legislation is now in place across Australia. Contractual responses to the apportioning of liability under this legislation include the increasing use of clauses requiring contractors and suppliers to contract out of the legislation.

This presentation considers and explores:

- What are the consequences of inclusion of these clauses?
- Insurance coverage considerations
- Relations with subcontractors and suppliers
- Updates on Tendering and Procurement Case
- Recent Developments in Tendering and Procurement
- Legal Implications of the Tender Process Explained and Explored
- Good Faith in Commercial Contracts
- How is good faith implied in commercial contracts?
- Does a breach of good faith give rise to a cause of action?
- Is good faith a new or existing doctrine?
- Can good faith be an implied term of pre-contractual negotiations?

Presenters:

Mr. Scott Alden,
Partner,
DLA Philiips Fox
Phone: 9286 8128
Email: scott.alden@dlaphillipsfox.com

Mr. Alex Hartmann,
Partner,
DLA Phillips Fox
Phone: 9286 8000
Email: postmaster@dlaphillipsfox.com

Ms. Alyson Eather,
Senior Associate,
DLA Phillips Fox
Phone: 9286 8283
Email: alyson.eather@dlaphillipsfox.com

1.30pm-5.00pm
Friday 22nd August
Claimable CLE Units 3
Cost: $220 GST $22 Total incl GST $242

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.

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