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Stay focused >> 2015
DVD PROGRAM – BOTH DAYS
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20 – 21 March 2015
Brisbane Convention & Exhibition Centre
Program highlights
Opening plenary featuring futurist Craig Rispin on business, people and
technology trends transforming business around the world, and the likely
impacts on your profession.
Practical insights from Dr Adam Fraser on how you can improve your
personal performance by focusing on your mindset and developing ‘grit’.
Latest case updates in succession law, family law, property law
(including econveyancing), consumer law, criminal law, commercial
litigation and franchising.
Detailed, interactive workshop on the rules of evidence in relation
to alleged parental child abuse.
Exploration of the impacts of notional estates and their reach
into Queensland jurisdiction.
Detailed discussion of Building Management Statements –
what can and can’t be included.
Business law sessions on buying and selling a business, partnership
disputes, transition planning and flexible work arrangements.
Comprehensive update on the latest Franchising Code
of Conduct amendments.
Recent developments in proportional liability and a masterclass
on calculating damages.
Jurisdictional issues for personal injuries claims, plus a detailed session
on total and permanent disability.
Latest research on mindfulness and practical tips on how to use this
technique to improve your wellbeing.
In-depth sessions which address emerging global trends in the legal
industry, pricing strategies and online marketing that works.
Interactive workshop on the ethics of social media.
Practical skills for criminal lawyers regarding initial client engagement,
bail applications and sentencing principles.
Symposium debate – ‘Legal practice was easier 30 years ago’ –
guaranteed to provide talking points at Symposium by Night!
2 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
Program – Day 1
Friday 20 March 2015
Disc 1
1 hr 21 mins
Welcome
Presenter: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
Chief Justice’s Address
Presenter: The Honourable Justice Tim Carmody, Chief Justice of Queensland
Chair: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
Opening plenary – know first, be first, profit first
Do you know the major trends that will affect your business in the next few years? Do you have a strategy
to deal with them? In this session you will learn about business, people and technology trends transforming
business around the world, and the driving forces impacting your profession. You will also hear specific ideas
to gain a strategic advantage and see exactly how to profit from the significant changes ahead.
What you’ll learn:
• business, people and technology trends transforming commerce
• how these trends impact one another and drive change faster
• what the future of work will be – and how to be part of it
• how to inspire your leaders and staff to develop foresight.
Presenter: Craig Rispin, Futurist
Chair: Michael Fitzgerald, President, Queensland Law Society and Consultant, Ashurst
SUCCESSION
Disc 2
1 hr 26 mins
Case update – what’s new in succession law?
This session will provide you with a snapshot of recent Australian and international succession law cases that
you need to know.
Presenter: Prue Poole, Senior Associate, McInnes Wilson Lawyers
and Accredited Specialist (Succession Law) – Qld
Chair: Doug Murphy QC, Barrister, Queensland Bar
Tactics in estate litigation
A variety of issues may arise in the course of estate litigation matters dealing with trust disputes, solemn form
applications and family provision.
In this session, our panel will explore a range of estate litigation issues and provide practical tactics and suggestions
on how to deal with them.
Presenters: Renee Bennett, Partner, wilson/ryan/grose and Accredited Specialist (Succession Law) – Qld
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Chair: Doug Murphy QC, Barrister, Queensland Bar
PROPERTY
Disc 3
1 hr 34 mins
Property legislation update
After a significant year of legislative change, Queensland’s property landscape is looking healthier than ever,
with banner years for dwelling building approvals, increases in housing prices and renewed investor confidence.
This session will provide you with an update on the recent changes to Queensland’s property legislation
and the implications for legal practices.
Presenter: Leone Costigan, Executive Counsel, Herbert Smith Freehills and Accredited Specialist (Property Law) – Qld
Chair: Professor Sharon Christensen, Queensland University of Technology and Consultant, Gadens
Econveyancing update
With the introduction of econveyancing in 2015, this session will provide an update on the new arrangements,
practical issues experienced to date and guidance on the steps you need to take.
Presenters: Professor Sharon Christensen, Queensland University of Technology and Consultant, Gadens
Peter Powell, Executive Manager Practitioner Services, Property Exchange Australia (PEXA)
3 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
BUSINESS
Disc 4
1 hr 27 mins
Finally! New code regime for franchising is finished
The recent introduction of the Competition and Consumer Amendment (Industry Code Penalties) Bill 2014 is the first
step by the Commonwealth to implement the changes to the Franchising Code of Conduct that were recommended
in the Wein Report. The anticipated commencement date of the new regime is 1 January 2015.
This session will bring you up to date with the new developments and will cover:
• an explanation of the new regime and how the new code will apply
• transitional issues to deal with between the old code/new code
• how the new code affects franchisors, master franchisors and franchisees
• the new regime for civil pecuniary penalties and infringement notices for contravention of a CPP provision
of an industry code
• drafting tips – identifying what types of clauses you need to redraft or remove.
Presenter: Derek Sutherland, Special Counsel, HWL Ebsworth
Chair: David Grace, Partner, Cooper Grace Ward
Buying and selling a business – a risk management approach
Whether you are acting for the buyer or the seller of a business, the intricacies of drafting documents and procedures
may go awry in the sometimes frantic process of acting for a client on the transaction.
Our presenter has assisted Lexon Insurance with drafting and presenting their risk management material on this topic
and will share with you some of the most common errors made in such transactions. More importantly, the practical
and risk management steps that you can take to avoid claims and disgruntled clients will be discussed. This session will cover:
• the importance of knowing your client and your role
• earn-out tips and traps
• restraint of trade clauses
• PPSA and security considerations
• warranties
• advising on risks and means of managing them
• settlement considerations
• risk management issues arising from claims.
Presenter: Carly Ashwood, Senior Associate, Cooper Grace Ward
Chair: David Grace, Partner, Cooper Grace Ward
SUCCESSION
Disc 5
1 hr 23 mins
Notional estates and their reach into Queensland jurisdiction
The domicile of either the testator or her/his assets within New South Wales enlivens the reach of the Succession Act
2006 (NSW), bringing into effect the notional estate provisions. The notional estate consists of assets which do not form
part of the testator’s estate, such as joint tenancy, trust property, insurance policies, and superannuation. Under the
notional estate provisions, these assets are at risk of being clawed back into the estate for the purposes of satisfying
a claim for further and better provision.
With our peripatetic population whose assets are frequently held in other jurisdictions, Queensland practitioners need
to be aware of the reach of the New South Wales notional estate provisions. This session will discuss relevant recent cases
and explore the implications for day to day practice.
Presenters: Richard Neal, Partner, Teece Hodgson & Ward Solicitors and Accredited Specialist
(Wills & Estates Law) – NSW
Glenn Dickson, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Chair: Christine Smyth, Partner, Robbins Watson Solicitors, Councillor, Queensland Law Society
and Accredited Specialist (Succession Law) – Qld
Intestacy rules revisited
Recently enacted changes in some states have resulted in major differences in the intestacy rules, which apply
to the distribution of assets when a person dies without a valid will.
This session will explore recent changes to the New South Wales intestacy rules, and discuss working examples
to highlight variations with Queensland’s rules.
Presenter: Angela Cornford-Scott, Director, Conford-Scott Lawyers and Accredited Specialist (Succession Law) – Qld
Chair: Christine Smyth, Partner, Robbins Watson Solicitors, Councillor, Queensland Law Society
and Accredited Specialist (Succession Law) – Qld
4 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
PERSONAL INJURIES
Disc 6
1 hr 32 mins
Here, there and everywhere: jurisdictional issues for PI claims in Australia and beyond
As Australia increasingly becomes a mobile workforce, with many workers travelling interstate and abroad to secure
employment, it has never been more important to understand the cross border challenges for personal injury litigants. This session will provide you with guidance on how to determine which legislation applies and will cover the following:
• understanding cross border challenges and restrictions
• tips on identifying the correct jurisdiction, including usual place of work and principal place of business
considerations as well as place of injury
• factors to consider for Australians working overseas
• common industry examples (eg FIFO workers, performers, transport workers).
Presenter: Kara Thomson, Senior Associate, Cooper Grace Ward and Accredited Specialist (Personal Injuries) – Qld
Chair: Leeha James, Principal, James Law and Accredited Specialist (Personal Injuries) – Qld
Total and permanent disability: traps for personal injury lawyers
One of the major traps for personal injury lawyers is to treat a claim under a total and permanent disability
or income protection policy in the same way in which they would treat a personal injuries claim. Whilst such claims present as an alternative avenue for injured clients, many personal injury lawyers fail
to appreciate the different approach that needs to be taken. In this session you will receive practical advice on the tips and traps to consider in order to manage your
client’s claim correctly, including the following: • understanding the issues relating to trusts and insurance policies
• guidance on interpreting problem clauses/exclusions
• how to challenge a trustee’s or insurer’s decision
• cases and examples.
Presenter: Kevin Holyoak, Barrister, Queensland Bar
Chair: Leeha James, Principal, James Law and Accredited Specialist (Personal Injuries) – Qld
BUSINESS
Disc 7
1 hr 31 mins
‘When partners collide’ – how to resolve partnership and co-owner disputes
without resorting to litigation
Partnerships in any form are based on trust, respect and a mutual goal. In the excitement of establishing
a new venture, partners rarely give thought to the legal, financial and emotional ramifications of a partnership
dispute or breakdown. In the event of a dispute or breakdown a swift resolution of the dispute is essential to preserve the value
of the business, and if possible, the partners’ relationship. This session will provide you with some practical tips to assist in the resolution of a partnership dispute.
Presenter: Michael Small, Partner, Small Myers Hughes and Accredited Specialist (Family Law)
Chair: Donnie Harris, Principal, Donnie Harris Law and Accredited Specialist (Business Law) – Qld
No ‘one size fits all’ – flexible and diverse employment arrangements
Working ‘nine to five’ in a traditional workplace is a thing of the past in most industries as many more employees
are demanding flexible and diverse employment arrangements.
As legal advisors and practitioners you need to be across the range of practical and legal issues that different
employment arrangements may entail.
This session will provide you with practical tips on how to advise clients in respect of:
• issues arising from a range of diverse employment arrangements (eg temporary workers, outsourcing,
secondments, contractors, volunteer workers)
• responding to requests for flexible working arrangements (eg part time work, job sharing arrangements,
working from home).
Presenter: Kristen Ramsey, Associate Director, Hynes Legal
Chair: Donnie Harris, Principal, Donnie Harris Law and Accredited Specialist (Business Law) – Qld
5 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
PERSONAL INJURIES
Disc 8
59 mins
The changing face of disclosure
In today’s age of Facebook and FaceTime, discovery has become a challenging process. Not only do you have to
comply with your statutory obligations but you also have to come to grips with the myriad ways of gathering evidence. Social media monitoring has become a significant part of the discovery process so it is important that you understand
the implications of social media disclosure. In this session you will receive legal updates, reminders and practical tips in relation to the following questions:
• What are my disclosure obligations under MAIA, WCRA, PIPA and UCPR?
• What is a ‘document’ and ‘other documentary material?’
• How do I avoid inadvertently waiving my legal professional privilege?
• Is social media content generally discoverable?
• What is the process for reviewing and producing social media content?
• Should I advise a client to clean up their Facebook?
You will also hear from an experienced investigator about the importance of comprehensive surveillance evidence
and an insight into the tools and techniques used to investigate personal injury cases.
Presenters: Damien Atkinson, Barrister, Queensland Bar
David Thomas, Managing Director, Austrace Investigations Group
Chair: Kara Thomson, Senior Associate, Cooper Grace Ward
and Accredited Specialist (Personal Injuries) – Qld
BUSINESS
Disc 9
57 mins
Transition planning – retirement redefined
Are you thinking about leaving your business or career but are not quite ready to retire? Have you thought ‘My work
is my life’ ‘Who will I be?’ ‘What will it be like?’ Or are you an advisor who has clients who fall into this category?
Over the next 15 years, millions of baby boomers will be transitioning to the next stage of their lives – and that stage
could involve 20–30 years of good health and contentment, doing those things we always wanted to do.
Transition planning assists business owners, professionals and executives plan a rewarding and fulfilling life
after business or work.
This session will provide practical advice on what to consider when planning or advising on this transition,
and how to go about it.
It is not retirement as we know it – it is retirement redefined.
Presenter: Peter McKnoulty, Consultant, McCullough Robertson
CORE CPD
Disc 10
56 mins
Pricing strategies
A slow growth economy, ever-increasing competition and more demanding clients mean that all firms face the threat
of greater discounts and eroding margins. While some firms accept that returns will diminish, others take a proactive
approach to growing revenue and profit.
These firms require leaders who understand pricing strategy.
This session will explore how to steer a successful path through the complex maze of:
• alternate fee approaches (AFAs)
• value pricing options, and
• negotiation techniques for pricing discussions.
Presenter: Wayne Stewart, Principal, Monte Rosa
Chair: Disc 11
52 mins
Matt Schlyder, Director, FWO Chartered Accountants
Debate: ‘Legal practice was easier 30 years ago’
Conducted in a classic debate format, our panellists will argue that ‘legal practice was easier 30 years ago’.
AFFIRMATIVE
NEGATIVE
Robert Tooth, Solicitor, Scoglio Law
Pippa Colman, Principal, Pippa Colman & Associates
and Accredited Specialist (Family Law)
Peter Carne, Non-Executive Director
and former Public Trustee of Queensland
Nola Pearce, Special Counsel, Carter Newell Lawyers
Cassandra Heilbronn, Associate, Minter Ellison Lawyers
John Lunny, Principal, Workplace Resolve
and Accredited Specialist (Workplace Relations)
Moderator: Her Honour Judge Anne Demack, Federal Circuit Court of Australia
END OF DAY 1 RECORDED SESSIONS
6 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
Program – Day 2
Saturday 21 March 2015
Disc 12
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 13
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 14
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
7 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
CORE CPD
Disc 15
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 16
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 17
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
8 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
BUSINESS
Disc 18
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 19
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 20
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
9 | Queensland Law Society Symposium 2015 | DVD Program – Both Days
CORE CPD
Disc 21
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 22
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
10 | Queensland Law Society Symposium 2015 | DVD Program – Both Days