Stay focused >> 2015
DVD PROGRAM – DAY 2
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20 – 21 March 2015
Brisbane Convention & Exhibition Centre
Program – Day 2
Saturday 21 March 2015
Disc 1
28 mins
Welcome
Presenter: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
Attorney General’s Address
Presenter: The Honourable Yvette D’Ath MP, Attorney General, Minister for Justice and Minister for Training and Skills
Chair: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
FAMILY
Disc 2
1 hr 20 mins
Show me the money: how to get your client a share of the pool before the final hearing
This session will address what evidence you need to run an interim application to have money released to your client
seeking any of the following orders:
• urgent and interim spousal maintenance
• hogan/barro (interim costs) orders
• dollar for dollar orders
• partial property settlement orders.
It will also provide practical advice about the court’s expectations of practitioners coming before the court
seeking such orders.
Presenter: His Honour Judge Michael Jarrett, Federal Circuit Court of Australia
Chair: Jennifer Hetherington, Principal, Hetherington Legal and Accredited Specialist (Family Law)
Protecting children – the interplay between the State and Federal Courts
The focus of this session is on relevant considerations in child protection matters. Expert presenters will provide
you with perspectives from both the State and Federal Court jurisdictions.
Your questions on notice in the area of child protection will also be answered.
Presenters: Her Honour Judge Anne Demack, Federal Circuit Court of Australia
Magistrate Tina Previtera, Magistrates Court of Queensland
Chair: Margie Kruger, Partner, Ryan Kruger Lawyers and Accredited Specialist (Family Law)
COMMERCIAL LITIGATION
Disc 3
1 hr 19 mins
Update: case law, legislation and practice direction
Highlighting the most significant legal and practical changes for commercial litigators in 2014–15, this session will
help you remain up to date in your legal practice.
Presenter: Nola Pearce, Special Counsel, Carter Newell
Chair: Darrell Kake, Special Counsel, Quinn & Scattini Lawyers and Accredited Specialist (Commercial Litigation) – Qld
Commercial nature of trusts
You will be provided with the necessary guidance in dealing with a commercial application involving a trust.
This session will focus on:
• the powers of a trustee
• removal of trustees
• consequences of breaches of duty by trustees.
Consideration will also be given to the divergent authorities on the capacity of a liquidator/administrator to
deal with trust property, even where the trust deed provides that the position is vacated upon appointment.
Presenter: Warren Jiear, Partner, Piper Alderman and Accredited Specialist (Commercial Litigation) – Qld
Chair: Darrell Kake, Special Counsel, Quinn & Scattini Lawyers and Accredited Specialist (Commercial Litigation) – Qld
2 | Queensland Law Society Symposium 2015 | DVD Program – Day 2
CORE CPD
Disc 4
1 hr 16 mins
The ethics of social media
We are increasingly exposed to social media in modern practice. This session explores the ethical considerations
and risks with respect to confidentiality and conflicts when dealing with clients and social media.
It will explore the position in Australia and contrast it to other jurisdictions.
Presenters: Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society
David Bowles, Ethics Solicitor, Queensland Law Society
Chair: Joe Siracusa, Principal, Siracusa Legal
Update on costs
This session will review recent case authority dealing with solicitor and client cost agreements, equitable liens,
interest on unpaid legal costs and some of the changes to the QLS Costs Guide.
Presenters: Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society
David Bowles, Ethics Solicitor, Queensland Law Society
Chair: Joe Siracusa, Principal, Siracusa Legal
CRIMINAL
Disc 5
1 hr 32 mins
Legislation and case law update for criminal lawyers
This session is designed to provide you with an overview of recent legislative amendments and case law decisions
in the criminal law space.
Presenter: Andrew Moloney, Principal, Moloney MacCallum Lawyers and Accredited Specialist (Criminal Law) – Qld
Chair: Adrian Braithwaite, Barrister, Queensland Bar and Accredited Specialist (Criminal Law) – Qld
Criminal responsibility – current law and future direction
Our guest presenters will explore the applicability of the defences and excuses set out in Part 1
Chapter 5 of the Criminal Code, from both a theoretical and a practical perspective.
Presenters: Dr Terry Goldsworthy, Assistant Professor – Criminology Department, Bond University
Michael Purcell, Lawyer, Potts Lawyers
Chair: Adrian Braithwaite, Barrister, Queensland Bar and Accredited Specialist (Criminal Law) – Qld
COMMERCIAL LITIGATION
Disc 6
1 hr 20 mins
Proportionate liability: evaluation of recent developments
This session will provide you with a practical overview of what is the expanding area of proportionate liability.
It will include a discussion of:
• the scope and operation of the Corporations Act 2001
• conflicting authorities on point, including Full Court decisions in Wealthsure Pty Ltd v Selig [2014] FCAFC 64
and ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65.
Presenter: Drew Castley, Partner, DLA Piper
Chair: Christopher Coyne, Principal, Coyne & Associates, Accredited Specialist (Commercial Litigation) – Qld
and Councillor, Queensland Law Society
Masterclass: calculating damages
Join our panel of experts for practical guidance in calculating damages, particularly addressing how the following
can impact on those calculations:
• proportionate liability
• causation
• contributory negligence.
Our panel will also shed some light on the applicability of the Civil Liability Act 2003 to commercial cases.
Panellists: The Honourable Justice David Jackson, Supreme Court of Queensland
Sue Brown QC, Barrister, Queensland Bar
Drew Castley, Partner, DLA Piper
Facilitator: Christopher Coyne, Principal, Coyne & Associates, Accredited Specialist (Commercial Litigation) – Qld
and Councillor, Queensland Law Society
3 | Queensland Law Society Symposium 2015 | DVD Program – Day 2
BUSINESS
Disc 7
1 hr 34 mins
I can see clearly now – the launch of the QLS Cloud Computing Guidelines 2014
Due to cost and time efficiencies, there’s no doubt that cloud computing is here to stay and is not just thin air.
As more and more legal practices embrace ‘the cloud’, there is an ever increasing demand for practical guidance
on what to do when using cloud computing as a business tool. The Queensland Law Society’s Technology and
Intellectual Property Committee has published guidelines on this issue.
Our presenter is one of the authors of the guidelines and will provide you with an overview and suggested
practical solutions.
Presenter: Scott Coulthart, Director, Legal IT
Chair: Harold Littler, Senior Consultant, McKays Solicitors
Small business is big business for solicitors
There are currently over 410,000 small businesses in Queensland which play a significant role in Queensland’s
economy; they are also far flung and varied in their activities. Legal practitioners need to recognise the importance of small businesses to their own businesses and tailor
their services to meet this unique market.
The inaugural Australian Small Business Commissioner Mark Brennan will provide practical guidance based
on his experience in the role, as a solicitor and former small business owner. The Commissioner will cover the following:
• an introduction to the Australian Small Business Commissioner’s role
• understanding the specific needs of small businesses
• tips and traps when advising small businesses.
Presenter: Commissioner Mark Brennan, Australian Small Business Commissioner
Chair: Harold Littler, Senior Consultant, McKays Solicitors
FAMILY
Disc 8
51 mins
Hot topics in family law: an overview of recent case law
This session will provide an overview of recent family law cases, including an update in relation to special contributions.
Presenters: The Honourable Justice Michael Kent, Family Court of Australia
Catherine Carew QC, Barrister, Queensland Bar
Chair: Genevieve Dee, Partner, Cooper Grace Ward and Accredited Specialist (Family Law)
CRIMINAL
Disc 9
56 mins
Masterclass: sentencing principles applied
The focus of this session is on the practical application of sentencing principles, including the changes to the Penalties
and Sentences Act 1992 (Qld) and the High Court decision in Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2.
Our panel will address:
• whether to deal with the matter summarily or on indictment
• submissions to the courts in light of prosecution being excluded from making penalty ranges
• dealing with issues of rehabilitation – eg evidence of drug therapy
• the use of psychological reports
• preparing briefs to counsel for higher court proceedings – ie what is relevant and what should be included?
• the importance of references – particularly from a judicial perspective
• specific considerations when sentencing young offenders.
Panellists: His Honour Judge Paul Smith, District Court of Queensland
Magistrate Deborah Vasta, Magistrates Court of Queensland
Simone Bain, Barrister, Queensland Bar
Facilitator: Nick Dore, Principal, Fisher Dore Lawyers and Accredited Specialist (Criminal Law) – Qld
4 | Queensland Law Society Symposium 2015 | DVD Program – Day 2
CORE CPD
Disc 10
48 mins
Future proof your law firm’s online marketing
There is a tectonic shift occurring that is seriously disrupting how people find and engage legal help.
In this presentation, not only will you get a sense of the online trends that may disrupt your legal practice
but also guidance on how to apply a three step methodology to best position your law firm online, and harness
these shifts to your advantage.
Presenter: Dan Toombs, Director, Fast Firms
Chair: Giles Watson, Manager, Practice Support, Queensland Law Society
Disc 11
59 mins
Closing plenary: the third space – how to show up with the right mindset every time!
Do you ever feel like you wear a thousand different hats? That you spend your day jumping from one thing to the next?
The greatest challenge we face these days is not actually the amount we have to do, but our ability to have ‘grit’ and
transition effectively between our many roles and responsibilities. You may go from dealing with a difficult client to being
a counsellor for a co-worker. Humans find it hard to move from one interaction to another without dragging the energy,
mindset or baggage of the first interaction to the next. The most effective people are able to ‘reset’ and ‘show up’ to
the next interaction with a fresh mindset and energy.
In this fascinating and entertaining presentation, Dr Adam Fraser draws on research in positive psychology to look at
how you can immediately improve your performance by using the third space (the gap between roles and environments)
to transition effectively between the different roles/environment and tasks that make up your day.
Presenter: Dr Adam Fraser, Human Performance Researcher and Consultant
Chair: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
END OF DAY 2 RECORDED SESSIONS
5 | Queensland Law Society Symposium 2015 | DVD Program – Day 2