10 Points in One Day

Join us to fulfill your CPD requirements. With dedicated sessions across 10 key areas of law, including ethics, professional skills and practice management to ensure you achieve real learning outcomes. Earn all your CPD units in just one go.

Thursday, 28 March 2024
Description

This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

*Original Content created in March 2024

Recent Developments in Property Law

Join for an illuminating session on Recent Developments in Property Law. Delve into the ever-evolving landscape of property law, the latest cases and legal frameworks affecting your practice. 
Presented by Geoff Farland, Barrister, University Chambers

Session 1: Property, Contracts, Succession and Estate Planning

Chair: Christopher Freeman, Barrister, Culwulla Chambers

Different Trust Structures for Asset Protection
  • Asset protection attributes
  • Trading trusts vs asset holding trusts
  • Testamentary trusts and generation skipping
  • Bankruptcy Act
  • Control through power of appointment
  • Sham and trusts

Presented by Ken Schurgott CTA, Solicitor–Director, Schurgott & Co Lawyers

Unfair Contract Terms: What you Need to Know
  • Overview of the unfair contract terms regime
  • What has changed in the recent reforms
  • Terms at risk of being unfair
  • Examples of ACCC enforcement
  • Reviewing contracts for unfair terms

Presented by Kevin Stewart, Lawyer, Gilbert + Tobin

Succession Roundup: Latest Developments over the Past 12 Months
  • Testamentary capacity
  • Informal wills and lost wills
  • Construction and rectification of wills
  • Removal of executors
  • Family provision applications

Presented by Justine Taylor, Principal Director, Uther Webster & Evans; Recommended Estates Litigation Lawyer, Doyle’s Guide 2023

Session 2: PPSA, Debt Recovery, Business & Commercial Agreements

Chair: John Snelgrove, Principal, Snelgrove Herman Lawyers

PPSA: Updates & Practical Strategies
  • PPSA overview & update
  • Issues for secured parties covering creation, perfection and enforcement
  • Case law update

Presented by Robert Murphy, Special Counsel, Mills Oakley

Latest Developments in Debt Recovery

Gain the latest information on developments in debt recovery. Work through the latest cases and best practice strategies to ensure success.
Presented by Jim Johnson, Barrister, Frederick Jordan Chambers

Tax Implications for Sale of Business: The Key Issues to Have on Your Radar
  • Critical tax issues associated with the sale of a business
  • Share sale vs asset sale: GST, stamp duty and income tax considerations
  • Earnout arrangements
  • GST: supply of a going concern
  • Stamp duty: pre-sale restructuring

Presented by Amanda Comelli, Partner, Brown Wright Stein Lawyers; Accredited Specialist in Business Law

Professional Skills
Drafting the Parts of the Contract that “No-One Ever Reads”
  • Contractual Boilerplate: why do we use (and abuse) it?
  • The Role of Recitals
  • Dispute Resolution Clauses

Prepared by Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law

Business Succession: Structuring Buy and Sell Agreements
  • When a Buy and Sell Agreement is needed
  • What to consider before drafting the Agreement
  • Key clauses and their purpose
  • Valuation methodologies and insurance

Presented by Anna Cruckshank, Director, Aubrey Brown Lawyers; Accredited Specialist in Business Law

Session 3: Ethics, Professional Skills & Practice Management for All Lawyers

Chair: Elizabeth Rusiti, Barrister, Queens Square Chambers

Ethics and Professional Responsibility
Latest Disciplinary Issues: Lawyers Acting in Conflict of Interest

The Solicitor’s and Barrister’s respective Conduct Rules are concise and plainly written. They are a ready source of guidance when issues arise concerning conflicts of interest and other ethical dilemmas with which lawyers can be presented in everyday practice. (And in relation to interactions with clients.)

  • Written (and oral) communications between lawyers can heighten what is already a highly conflictual environment and, do nothing to assist with the administration of justice and the just, cheap and quick resolution of disputes. Our clients are in conflict; the lawyers are not and should not add to the clients’ conflict
  • Convey your client’s position without becoming part of the conflict
  • Disciplinary issues and consequences arising from breaching the rules

Presented by Elizabeth Picker, Barrister, Edmund Barton Chambers

Practice Management and Business Skills
Cyber Resilience for Your Practice: Practical Strategies to Mitigate Cyber Attacks
  • The evidence: cyber attacks against law firms that become claims
  • Typical attacks and identifying vulnerabilities
  • Implementing your critical cyber incident response plan

Presented by Malcolm Heath, Practice Risk Manager, Lawcover

Attend and earn 10 CPD units including:

7 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

 

Presenters


Ms Elizabeth Rusiti, Barrister, Queens Square Chambers
Elizabeth Rusiti was a solicitor for 20 years before coming to the Bar. During the first half of her career, she worked for a mid-tier Sydney firm in commercial litigation, specialising in admiralty, shipping and international trade disputes. Subsequently, Elizabeth gained considerable experience at boutique family law firms, developing a reputation as a senior practitioner in that field, representing clients in all aspects of family law disputes. Her focus in family law matters is on assisting clients to resolve their disputes, wherever possible. After a break from legal practice, Elizabeth came to the Bar in 2020. Since coming to the Bar, as well as gaining experience in Supreme and Federal Court disputes between customers and their banks and in proceedings challenging the validity of the Covid-19 Public Health Orders, Elizabeth has developed a busy family law practice in financial and parenting matters at interim and final hearings. Elizabeth is available to assist her instructing solicitors through all stages of a family law matter.


Mr. Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC and HKIAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan. He is an NMAS accredited mediator.


Mr. Geoff Farland, Barrister, University Chambers
Before coming to the Bar in 2014, Geoff had over 30 years’ experience as a solicitor in private practice. At the Bar he continues his passion for helping people and solving problems. Geoff regularly appears in the Supreme Court of NSW as well as the Federal court, and practices principally in the areas of commercial law, real property and town planning law. As a solicitor Geoff sat on various committees of the Law Society including the Property Law Committee for 10 years, and the Environmental & Planning Law Committee for 6 years. Utilising both a strategic and commercial lens, garnered over many years assisting public and private clients alike, Geoff brings to any problem extensive and practical knowledge in all aspects of commercial law, including property, land use, leasing and development, valuation and compensation, among others.


Mr. Kevin Stewart, Lawyer, Gilbert + Tobin
Kevin is a lawyer in Gilbert + Tobin’s Tech + IP group. Kevin originally qualified in the UK where he trained and worked at Addleshaw Goddard for 10 years. He moved to Australia in 2017 and has worked at G+T on information technology and commercial contracting arrangements since then. He advises on a broad and diverse range of matters, from large scale and complex commercial transactions and outsourcing projects, as well as guiding clients through compliance with an ever changing regulatory framework. Over the last 12 months, this has involved a particular focus on the Unfair Contract Terms Regime, where Kevin advises clients on all aspects of the regime including application of law, transiton of new laws, contract review, preparation and management.


Ms. Justine Taylor, Principal Director, Uther Webster & Evans
Justine is an Accredited Specialist in Wills and Estates. Justine joined Uther Webster & Evans in 2004 and holds a Bachelor of Laws (First Class Honours) and Bachelor of Psychology. Justine became a Partner of Uther Webster & Evans in 2015, and is now a Principal Director of the firm. A full member of STEP, Justine is a registered Trust Estate Practitioner and has been honoured to be ranked on Doyle’s Guide as Leading Wills & Estates Litigation Lawyer in NSW and Doyle’s Guide Recommended Wills & Estates Litigation Lawyer across Australia. Justine’s primary practice and passion is Succession Law, Wills & Estates and Trusts including contested estate litigation, complex estate administration, dispute resolution, protective list applications, general equity, estoppel and trusts.


Mr. Ken Schurgott CTA, Solicitor–Director, Schurgott & Co Lawyers
Ken Schurgott is a Solicitor - Director of Schurgott & Co Lawyers specialising in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts. Ken was a member of the Board of Taxation Working Group on 2011 Report on the Taxation of Collective Investment Vehicles which led to the introduction of the AMIT regime. He was National President of The Tax Institute in 2012.


Mr. John Snelgrove, Principal, Snelgrove Herman Lawyers
John is a Principal of Snelgrove Herman Lawyers, Sydney, an Accredited Specialist in Business Law, and a Notary Public. He has 40 years’ experience advising a diverse client base of Australian and overseas clients with varied property, commercial and corporate interests. He is a director of client and other companies and has practical commercial experience. He advises on business structures and restructuring; intellectual property, licensing and franchising; real estate and business acquisitions/disposals/financing; and FIRB applications. His focus is on fostering long term client working relationships with the aim of providing an holistic approach to the delivery of legal services. John is an avid supporter of community programmes for disadvantaged youth and pro bono legal services. He is a member of the Rotary Club of Sydney and has for many years sat on its Youth Services Committee. He is actively involved in the not-for-profit sector through a philanthropic foundation as well as the arts community with a particular interest in emerging artists.


Mr. Robert Murphy, Special Counsel, Mills Oakley
Robert Murphy is a banking and finance lawyer based in Sydney and has been practising for over 15 years (including two years in London). He has been with top tier firms in Australia and was with an international firm in its Sydney and London office for over ten years. Robert’s experience includes acting for lenders and borrowers in relation to general corporate lending, property and construction finance, asset backed lending, asset finance, debt capital markets and structured finance. He has acted for the major Australian banks, US and Chinese banks along with borrowers including developers, mining companies, healthcare companies and technology companies.


Mr. Jim Johnson, Barrister, Frederick Jordan Chambers
Jim Johnson was admitted to the Bar in August 1991 having practised as a solicitor since 1975. He is currently also a casual lecturer at UTS in the insolvency elective. Jim has lectured extensively in relation to insolvency topics over the last 20 years including interrelationship and crossover between deceased Estates and bankruptcy and family law and bankruptcy. Whilst his practice is generally regarded as personal and corporate insolvency that brings into play most areas of general commercial securities and conveyancing practice.


Ms. Anna Cruckshank, Director, Aubrey Brown Lawyers
Anna’s career with the firm began in 1990 when she worked full time while completing her legal studies. Anna was admitted as a lawyer in 1994 at the age of just 22. She gained experience in a broad range of legal areas for her own client base and discovered a passion for Commercial Law. She became the youngest ever partner of the firm in 2001 and was unanimously elected to take on the role of Managing Director in 2011. Anna delivers effective, personalised advice and is highly skilled at meeting the demanding timeframes commonly required to achieve her clients’ outcomes. She works closely with clients from a range of industries, including pharmaceutical, medical, registered clubs, construction, childcare, hospitality and wineries/vineyards. In 2019 Anna attained the prestigious qualification of Accredited Specialist Business Law. She is also an Accredited Company Director with the Australian Institute of Company Directors. Anna currently holds Committee and Board positions with UDIA, Gosford Erina Business Chamber and Regional Development Australia. A strong advocate for supporting the local community in which she has lived all her life, Anna ensures the firm remains as active as it has always been in the support and sponsorship of various local groups and organisations. On a personal level, she is an honorary Director of the Stan Ralph Foundation, a trust which administers funding for the support of local indigenous children, and a Director of the Gulang Trust.


Amanda Comelli, Partner, Brown Wright Stein Lawyers
Amanda is a Law Society of NSW Accredited Specialist in Business Law and currently sits on the Law Society's Specialist Accreditation Advisory Committee for Business Law. With more than 10 years' experience as a business lawyer, Amanda provides commercial and corporate law, tax law and estate planning advice to businesses and business owners. Amanda likes to keep her practice broad, to provide her clients with well-rounded and practical legal advice. Amanda has acted for a range of clients including both private and public companies, accountants, financial planners, retailers, business owners, manufacturers, individuals (including high net worth individuals) and not-for-profit organisations. She is also a founder of the Women in Tax Discussion Group, which is hosted monthly by Brown Wright Stein, as a forum for female tax professionals to meet and discuss recent key changes in tax law in a relaxed and supportive environment. Outside of work, Amanda enjoys travel, fitness, and spending time with her family. She has also represented Australia in several international karate tournaments!


Elizabeth Picker, Barrister, Queen Square Chambers
Among her qualifications, Elizabeth holds a Bachelor of Laws (LLB) and a mediation diploma from Bond University. She is also an Accredited Mediator - Family Dispute Resolution Practitioner (FDRP) and an Accredited Arbitrator. In previous roles, she has worked as a solicitor of the Supreme Court of Queensland (1994-1999), Solicitor of the High Court of Australia (1996 - 2007), Solicitor of the Supreme Court of NSW (2000-2007) and is now a Barrister of the Supreme Court of NSW 2007 (to date). Her area of practice at the Bar is principally in Dispute Resolution (in any areas suitable for mediation) and in the Family Law jurisdiction in all aspects of family law, financial and parenting matters. Elizabeth also has a steady practice in areas of equity including wills and probate & Family Provision matters.


Mr. Malcolm Heath, Practice Risk Manager, Lawcover
Malcolm Heath commenced with Lawcover in August 2012. He conducts practice management risk reviews of law practices involving onsite visits and interviews with principals, employed solicitors and senior support staff. Malcolm promotes risk management strategies through the Lawcover Risk Management Education Program, on-site at law practices, at the CPD of The Law Society of NSW, ACT Law Society, Regional Law Societies, universities, Legalwise Seminars, and other events. He also provides pastoral care to solicitors in need. Prior to joining Lawcover, Malcolm was a director of his own company for 20 years providing consulting services to the general insurance industry and the legal profession.


Steven Brown, Chairman, Etienne Lawyers
Steven Brown is highly experienced lawyer with an extensive knowledge in all aspects of commercial law, with an intimate knowledge of the Corporations Law and the Australian Securities Exchange business and listing rules, being involved in corporate structuring, compliance, corporate takeovers, company floats, the preparation of prospectuses, employee share schemes and advising on directors' duties, and insolvency and securities law and practice. Steven currently lectures: in the Masters of Banking Law Course conducted by Macquarie University; in the Master of Finance for FINSIA in the areas of securities and insolvency and contract law and law, regulation and ethics; and for the Property Investors Association of Australia in security law and practice. Steven has published a number of articles on commercial subjects. He has lectured for the Australian Institute of Company Directors from 1989-2008, lectured in the Master and Doctorate courses at UTS in corporations, finance and securities law from 1989-1995, and is currently lecturing in the College of Law Masters course in commercial drafting and business structuring.

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10 Points in One Day

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Thursday, 28 March 2024
to Australia/Sydney
CPD Points 10
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Session One
Thursday, 28 March 2024
to Australia/Sydney
CPD Points 3
$420.00
$294.00
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Session Two
Thursday, 28 March 2024
to Australia/Sydney
CPD Points 4
$505.00
$353.50
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Session Three
Thursday, 28 March 2024
to Australia/Sydney
CPD Points 3
$420.00
$294.00
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Online 20241209 20240328

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Venue
Cliftons - Margaret Street

Level 13, 60 Margaret Street, Sydney 2000

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates