“An exciting lineup of speakers...a convenient location and really useful topics made this the CPD event of the year” - Hobart Attendee, February 2014 10 CPD POINTS PROGRAM NOVEMBER 2014 RACT/ RACV Hobart Apartment Hotel 13 November 2014 SOLD OUT previously with over 160 delegates attending. Don’t miss out! REGISTER NOW & EARN 10 CPD POINTS FOR JUST $595 TASMANIA A percentage of each registration for our November seminars will be donated to AIME (Australian Indigenous Mentoring Experience). HOBART 10 CPD POINTS PROGRAM THURSDAY 13 NOVEMBER 2014 7.30AM TO 6.30PM By popular demand, we return to Hobart with a twist on our original and acclaimed 10 CPD Points program! This time, gain all your 10 points for one price. Simply choose any four sessions to attend in any format and be CPD compliant for this year. STREAM A: Family Law, Wills and Estates 1411H01A SESSION TWO 10.45am to 1.45pm (Choose Stream A or B) $364 STREAM A: CPD Core Units For All Lawyers SESSION THREE 2.15pm to 6.30pm (Choose Stream A or B) STREAM A: Commercial and Property Law Update 1411H01C »» Chair: Peter Worrall, Director, Worrall Lawyers »» Chair: Duncan Fairley, Principal, Fairley + Associates »» Chair: Tim Tierney, Principal, Tierney Law Family Law Case Update Practical Legal Ethics: Ethical Issues that Arise in Your Day-to-Day Practice PPSA and The Current Climate: What’s Happening? A Practical look at the Interplay between Family Law and Estate Planning • Testamentary Discretionary Trusts as “property” in family law disputes • Use of Financial Agreements • Treatment of past and future inheritances in family law • What separation and divorce can mean to an existing estate plan • Family Trusts, separation and divorce • Statutory Wills and the Family Court »» Presented by Trevor McKenna, Solicitor, Simmons Wolfhagen, and Sam McCullough, Director, Worrall Lawyers Superannuation and Estate Planning: Tips and Traps • Who will control the SMSF? How to challenge the trustee’s decision? • Insurance in super funds • Limited recourse borrowing • Tax on an estate »» Presented by Dominic Mulcahy, Practice Director, Genesys Wealth Advisers Contested Estates Update • Wills and testamentary capacity • Contesting inter vivos assets disposal by the elderly • Testators family maintenance claims »» Presented by Craig Hobbs, Barrister, Derwent & Tamar Chambers ------------------ OR ----------------STREAM B: Workplace Law and Workers’ Compensation Update 1411H01B • Review of ethical issues that arise from time to time • Dealing with an oversight or inadvertent mistake • Practical approach to managing problems that arise • A recent case or two • Open forum discussion on ethical issues »» Presented by David Gunson SC, Gunson Williams Professional Skills: Effective Communications on Costs • Clearly communicating estimated costs at engagement • Does the client really understand how much it might cost? • Changing instructions/changing circumstances • Managing difficult clients • Managing complaints • Obligations under Legal Profession Act and other legislation (not including Family Law) »» Presented by Andrew Walker, Director, M+K dobson mitchell allport lawyers (M+K Lawyers Group) STREAM B: Contract Disputes • Dealing with serious breaches of contract • Default notices and other express remedies • Terminating contracts in accordance with contract terms • Repudiation, rights and remedies • Terminating contracts at common law »» Presented by Romauld Andrew, Barrister, Salamanca Chambers • Fitness to work issues • Difficulty in managing injured workers • Termination • Balancing workers compensation, WH&S and discrimination • Key do’s and don’ts for employers »» Presented by Sarah Sealy, Director and Steven Smith, Special Counsel, Hunt & Hunt Understanding Damages: Quantification Issues and Consequential Loss Stress Claims in the Workplace and the Cross Over with Workers’ Compensation • Measuring a lost expectation: Clark v Macourt • Other recent developments »» Presented by Daniel Aghion, Barrister, Level 26, Chancery Chambers • Adverse action, especially complaints and enquiries regarding employment • Jurisdiction of the Federal Court and Federal Circuit Court • Recent unfair dismissal cases • Representation issues in unfair dismissal cases »» Presented by Mark Rinaldi, Barrister, Salamanca Chambers • Discussion of the difference between direct and indirect (consequential) losses • Identifying and quantifying a lost opportunity • A contract for a chance? Blackley Investments Pty Ltd v Burnie City Council Alternative Dispute Resolution for Contract Disputes • Whether to include a dispute clause • Complying with the dispute clause • Enforcing the dispute clause • Consequences of not following the steps in the contract »» Presented by Louise Cooper, Principal, Louise Cooper Consulting - Conflict Management & Dispute Resolution 1411H01E Critical Employment Issues When Acting for a Vendor or Purchaser of a Business • Statutory obligations - Fair Work Act 2009 > When does a ‘transfer of business’ occur > Transfer of instruments: What instruments transfer and which employees are covered > Transfer of high income employees > Seeking orders in respect to transferable instruments > National Employment Standards > Employee records -Long Service Leave Act 1976 • Contract of employment -Key employee entitlements on the sale of business -Transferring employees and clauses to include in respect to employee entitlements -Confidential information and its ongoing protection -Restraints of trade and their effect • Current cases »» Presented by Justin Zeeman, Barrister, Malthouse Chambers Recurring Land Title Matters • Possessory title documentation • Final plans and schedules of easements • Q&A on any land title matters that may be raised by delegates (e.g. severance titles, strata schemes, boundary rectification, general law land) »» Presented by Ian Cornelius, Land Information Consultant, Draftaplan ----------------------------------------- OR -------------------------------------STREAM B: Practical Litigation Skills 1411H01D Breach, Repudiation and Terminating a Contract Adverse Action and Unfair Dismissal: Emerging Areas • Differentiating between a mere realisation of a capital asset and a profit making enterprise • Determining the cost base of a rental property and maintaining appropriate records for CGT purposes • Deductibility of expenses, including negative gearing property investments • Consideration of structures for holding or devolving property »» Presented by Paul Lyons, Partner, Business Services, Wise Lord & Ferguson Chartered Accountants ------------------ OR ----------------- How to Prevent Bullying? Recent Developments • How to deal with the person in the workplace? - Termination: best practice - Rehabilitation: employers’ obligations to rehabilitate - Dealing with stress claim • Employer and insurance tensions: How best to resolve? »» Presented by Audrey Mills, Principal, M+K dobson mitchell allport lawyers (M+K Lawyers Group) CGT and Income Tax Issues for Property • What clients are looking for from their lawyers • The five drivers of client relationships • How to win and develop relationships with clients • How to keep clients coming back and giving referrals »» Presented by David Morris, Partner, Simmons Wolfhagen »» Chair: Leigh Mackey, Partner, Ogilvie Jennings Managing Ill and Injured Workers: A Delicate Balancing Act Lionel Meehan is a partner in the restructuring and insolvency group in Ashurst’s Melbourne office Practice Management or Business Skills: Mastering Client Relationships »» Chair: Dayne Johnson, Managing Director Tasmania, M+K dobson mitchell allport lawyers (M+K Lawyers Group) • Anti-bullying jurisdiction: What can we learn from the cases? • Practical approaches to avoid issues escalating -Is performance management the key? - Steps you should take to minimise the legal risks. »» Presented by Craig Green, Senior Associate, Page Seager • Personal Properties Review process - Key new developments and changes to the law - Impact on PPS leases - Plans for the future: impending review • Recent case law in Australia - White v Spiers Earthworks Pty Limited - Maiden Civil • Issues that have arisen but haven’t made their way to court judgment • Limitations on the effect of a PMSI - Debt financing; money paid in a retention of title; security over debt • PPSR: update on its traps and risks: - Register on time - Is the Security Agreement right? - Detail when registering on the PPSR »» Presented by Lionel Meehan, Partner, Ashurst 1411H01F »» Chair: Michael O’Farrell SC, Solicitor-General Interlocutory Applications PA N E L D I S C U S S I O N A practical review of the most important cases heard over the last 12 months in varied areas of family law including property, parenting, property distribution, children and bankruptcy. »» Presented by Kate Mooney, Barrister, Burbury Chambers $364 • Will the determination of the interlocutory application be productive in the just and efficient disposition of the proceeding? • What the court expects? -Written and oral advocacy -Drafting orders • How to tailor the interlocutory application • Dealing with contentious applications: What evidence is required to support your application? • Common traps and pitfalls »» Facilitator: Michael O’Farrell SC, Solicitor-General Panellists: The Hon. Associate Justice Holt, Supreme Court of Tasmania Chris Gunson, Barrister, Derwent & Tamar Chambers Affidavits: Drafting, Creation and Compilation on Best Practice PA N E L D I S C U S S I O N SESSION ONE 7.30am to 10.30am (Choose Stream A or B) $364 • Affidavit preparation • Objectives • Use of an affidavit • Content • Objections • Hints and tips »» Facilitator: Michael O’Farrell SC, Solicitor-General Panellists: The Hon. Justice Helen Wood, Supreme Court of Tasmania Kate Cuthbertson, Barrister, Malthouse Chambers Dan Coombes, Barrister, Mercantile Chambers Fast Track Applications in the Federal Court Getting Your Case Ready for Trial while Negotiating to Settle • The real advantages: -Statement of issues instead of pleadings -Quick directions -Witness statements -Written interlocutory applications -Fast result • How to effectively run a Fast Track Application? • What type of matter can be heard in the Fast Track List? »» Presented by Shaun McElwaine SC, Principal, Shaun McElwaine & Associates Lawyers • Is your matter ready for trial? • Preparing your client • Preparing your case for trial - Briefing counsel (and what they expect); Pre-trial directions; witnesses (lay and expert); documents; subpoenas • What the Court expects (and what would help them) • Negotiation strategies when preparing for trial -Settlement objective and strategies -Offers of compromise and Calderbank letters -Without prejudice communications -Closing the deal • Some practical tips (do’s and don’ts) »» Presented by Bruce McTaggart SC, Malthouse Chambers CHOOSE ANY 4 SESSIONS TO ATTEND IN ANY FORMAT!! 10 CPD POINTS REGISTRATION FORM / TAX INVOICE 5 EASY WAYS TO REGISTER: Call: 02 9387 8133 Fax: 02 9387 8711 www.legalwiseseminars.com.au PO Box 971, Bondi Junction, NSW 1355 DX 12072 Bondi Junction [email protected] VENUE: RACT/ RACV, Hobart Apartment Hotel, 152 - 156 Collins St, Hobart SUMMARY OF THE CHANGES TO CPD REQUIREMENTS 2014/2015 A legal practitioner must complete at least 10 CPD points of CPD activity in each CPD year. The total units must include at least: 1 1 1 1 CPD CPD CPD CPD point point point point relating relating relating relating to to to to practical legal ethics; practice management or business skills; professional skills; and substantive law. In addition, the total points must not include more than: 5 CPD points for viewing or listening to, or preparing material for, a multi-media, television or web based program or recorded material 6 CPD points of CPD activity completed on any one day. HOBART 10 CPD POINTS PROGRAM – NOVEMBER 2014 Its simple, if you are registering for the full day, choose any four sessions and choose your format for each. If you are registering for the 10 CPD Points, please indicate below which 4 sessions you would like to attend via face to face, live web seminar and on demand. When selecting your sessions please refer to the rules above. Alternatively you may wish to only one or two sessions. Hobart CPD Programs – November Standard Price CPD Points Face to Face Live Web On Demand Audio $595 10 - - - 1411H01A Stream A: Family Law, Wills and Estates $364 3 1411H01B Stream B: Workplace Law and Workers’ Compensation Update $364 3 1411H01C Stream A: CPD Core Units For All Lawyers $364 3 1411H01D Stream B: Contract Disputes $364 3 1411H01E Stream A: Commercial and Property Law Update $364 4 1411H01F Stream B: Practical Litigation Skills $364 4 Code 1411H01 10 Points CPD Program (Please also select below which streams you wish to attend.) Session 1 – 7.30am to 10.30am Session 2 – 10.45am to 1.45pm Session 3 – 2.15pm to 6.30pm YOUR DETAILS: Title PAYMENT DETAILS: All registrations must be paid in full prior to the date of the event. All prices include GST and P&H. This document will be a tax invoice for GST when fully completed and you make a payment that is under $1000. Please take a photocopy for your records. First name Last name Electronic Funds Transfer: For EFT payment please call accounts on (02) 8070 9915 for details. Please email your remittance advice to [email protected]. Job title Organisation Cheque Please find enclosed a cheque for $_________made payable to Legalwise Seminars Pty Ltd ABN 40 049 329 749 ACN 102 742 843 Postal address Charge $ City State Postcode to my MasterCard Visa Card Number DX Expiry Date __________ / __________ Email Security Number ___________ CCV number for Amex is 4 digits on the front of the card. All other cards last 3 digits on back. Phone FaxMobile Cardholder’s name: Cardholder’s signature: Not valid without signature Terms and Conditions: For full Terms and Conditions please visit www.legalwiseseminars.com.au Cancellations: If you are unable to attend a substitute delegate is always welcome at no extra charge. Please notify our office with their details. Alternatively, a transfer to a future event or credit for future use is available at no extra charge provided notice is given, in writing at least 24 hours before the event. A cancellation fee of $50 will apply for all events when a refund is requested less than 3 full working days prior to the date of the event. Regrettably no refunds or credits will be available if notice is given of nonattendance less than 24 hours prior to the start of the event. Please advise changes by email to [email protected]. Privacy: Legalwise Seminars Pty Ltd protects the privacy and security of information provided by you. By completing this form, you agree to the use of your personal information by Legalwise Seminars Pty Ltd: to process your registration or enquiry, to contact you about products, services and events, and for internal purposes. A list providing only the delegates’ name, job title and company are provided to all presenters prior to the event. You may request to gain access to any of your personal information that we have collected. Please tick this box [ ] if you do not wish to receive direct marketing material by mail. Please tick this box [ ] if you do not wish to receive direct marketing material by email. For our full privacy policy please visit www.legalwiseseminars.com.au BOOKING CODE: 1411H WEB AMEX