10 Points in One Day - LAST CHANCE

Have you left your CPD points to the last minute? Not an issue, we have you covered. 12   areas of law and 10 hours of CPD all in one day including the mandated core areas. You will be updated on the current issues no matter what walks through the door plus be CPD compliant. All facilitated by absolute experts in their areas of law. Attend the whole day or just the session that you need. 243V29

Tuesday, 26 March 2024
Description

Attend and earn 10 CPD units including:
7 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
1 unit in Practice Management and Business Skills

This program is based on VIC legislation

Session 1: Wills and Property Law Updates

Chair: Reegan Grayson Morison, Barrister, Lonsdale Chambers  

7:30am to 8:15am Tax and Real Property
  • Income tax, CGT and GST
    • Subdivisions
    • Property development
    • Business property

Presented by Prudence Barker, Barrister, Aickin Chambers

9:00am to 9:45am Superannuation as Part of the Succession Plan

Superannuation is a key part of the succession plan, and one where there are increasing disputes.  Navigate the important issues to be considered:

  • Making sure superannuation is covered off in the succession plan
  • Binding v non binding death benefit nominations
  • Pensions
  • Transfer balance caps
  • Managing conflict with death benefits
  • Considering control of SMSFs
  • Recent issues with death benefit nominations

Presented by William Moore, Partner, Hall & Willcox, Accredited Specialist in Wills and Estates, TEP

9:45am to 10:30am Wills and Estates Case Update and their Implications

A summary of recent important wills, estates and trusts cases and their implications for practitioners.
Presented by Daniela Pavlovic, Principal, Harwood Andrews

10:30am to 10:45am Morning Tea Break
Session 2: Contracts, Business, Insolvency and Privacy Law Unpacked

Chair: Ric Birkett, Principal Lawyer, Aiken Partners 

10:45am to 11:30am Unfair Contracts: Commercial Perspectives and Considerations in Disputes
  • Setting out the legislative and legal framework governing unfair contracts
  • Identifying unfair contract terms, what constitutes unfairness, and terms commonly determined to be ‘unfair’
  • Examining relationships between contracting parties and other circumstances that may give rise to unfairness, including review of relevant cases
  • Exploring the consequences of unfair contract terms and available remedies

Presented by Simon Jay, Partner and Rebecca Durso, Associate Cornwalls

8:15am to 9:00am Property Law Update

Explore recent, significant cases and developments in property law including how the principles can be applied to your clients and your matters.
Presented by Georgina Costello KC, List G Barristers

12:15pm to 1:15pm Tax Considerations on an Exit: Key Tax Risks and Considerations when Acting on the Sale of a Business
  • Asset sale vs share sale
  • Identifying what is being sold: different types of assets, shares, and how they are treated for tax purposes
  • Transfer of depreciable assets and trading stock
  • Dealing with employee share scheme interests on issue
  • CGT considerations, including earnouts, small business capital gains tax concessions and rollovers
  • Looking forward to an exit – how can I plan for the end, at the beginning?

Presented by Daniel Kornberg, Senior Associate, MinterEllison

11:30am to 12:15pm Franchisees in Crisis
  • Why it happens?
  • How franchisors can minimise the risk
  • How franchisees can minimise the risk
  • Franchising Code of Conduct and other relevant laws
  •  What franchisors can do
  • What franchisees can do

Presented by Andrea Pane, Director and Principal – ACP Lawyers Pty Ltd

1:05pm to 1:35pm Lunch Break
1:35pm to 2:25pm Insolvency Law for All

Focus on developments in insolvency law specifically on creditor driven bankruptcy and winding up proceedings.
Presented by John Dunne, Principal, John Dunne & Associates

2:25pm to 3:15pm Understanding the Obligations of Privacy, Confidentiality and Cyber Security: Statutory and Common Law

Examine the responsibilities imposed on legal persons by statute, common law and equity and how persons or entities not caught by the legislative scheme still have privacy and confidentiality obligations.

  • Legislative schemes
    • Privacy Act 1988 and key reform proposals
    • State privacy and data protection regimes
    • Listening Devices Act
  • Common law and equitable obligations and causes of action
    • Breach of confidence
    • Breach of contract infringement of Australian Consumer Law
    • Infringement of Australian Consumer Law
    • Negligence?
  • Cyber security obligations
    • Intervention of threat actors - consequences
    • Reasonableness of security measures in place
  • Next trends: formulation and interpretation of commercial contracts
    • Express or implied terms of data security
    • Reasonableness of security measures in place

Presented by Michael Rivette, Barrister, Melbourne

Practice Management and Business Skills
3:30pm to 4:30pm Practice Management in 2024: Rights and Responsibilities
  • The duty to make and maintain a psychologically healthy workplace
  • Unconscious bias and the duty to address it
  • Making an inclusive workplace for gender diverse employees

Presented by Joseph Kelly, Principal, Kelly Workplace Lawyers; Accredited Specialist in Workplace Relations

3:15pm to 3:30pm Afternoon Tea Break
Session 3: Ethics, Professional Skills and Practice Management and Business Skills

Chair: Nina Hoang, Senior Associate – Workplace Relations, FCW Lawyers 

Professional Skills
4:30pm to 5:30pm Clearing the Gray Areas in Verification of Identity
  • Fraud and verification of identity
  • Professional liability
  • Reasonable steps under 87A of the Transfer of Land Act 1958 (Vic)
  • Verification of identity standard under s 106A(1)(f) of the Transfer of Land Act

Presented by Tasman Ash Fleming, Barrister & Accredited Mediator NMAS, Victorian Bar

Ethics & Professional Responsibility
5:30pm to 6:30pm Between a Hard Place and a Hard Place


Complying with ethical obligations is an ongoing requirement of professional practice, and critical to both the administration of justice and preserving a lawyer's reputation.

This session aims to remind lawyers of their ethical obligations when difficult ethical dilemmas arise, it will cover a range of topics and scenarios including: 

  • The legislative framework;
  • Communication with the court and your opponent;
  • The duty of confidentiality and the inadvertent disclosure of confidential information;
  • Conduct when engaging expert witnesses; and
  • Dealing with challenging clients (delinquency and incapacity).

In conversation with Rabea Khan, Barrister, Greens List

Presenters


Mr. Joseph Kelly, Principal,
Joseph Kelly has extensive experience in commercial litigation and workplace law, having advised employers and employees on all issues relating to industrial relations and employment law. Joseph has advised industry bodies, unions, employers and government and continues to run training and information seminars for legal practitioners. Joseph is accredited as a specialist in Workplace Relations by the Law Institute of Victoria.


Mr. Tasman Ash Fleming, Barrister & Accredited Mediator NMAS,
Tasman Ash Fleming Tasman is a Barrister and Accredited Mediator NMAS. In November 2021 Tasman Completed the Oxford Program on Negotiation at the Saïd Business School, University of Oxford. Tasman offers commercial and independent experience in all mediations including commercial, bankruptcy, property and wills and estates. Immediately prior to coming to the bar Tasman worked as a solicitor advocate in Government where he gained experience in Court advocacy, including preparation of briefs and giving complex legal advice on urgent matters. Prior to joining the public service, Tasman was in private practice at a boutique firm and acted in a range of matters including Property Law, Bankruptcy, Probate & Wills/ TFM and Commercial Litigation and appeared in the Magistrates’ Court of Victoria, Federal Magistrates’ Court and VCAT. Tasman is currently an adjunct lecturer in the GDLP at the College of Law Victoria where he also runs advocacy and NDR workshops as part of the lawyer’s skills component of the GDLP. Subjects taught include Civil Litigation, Commercial and Corporate, Property Law, Ethics and Professional Responsibility, Administrative Law, Consumer Law, Wills and Estates, Banking and Finance Practice In 2022 Tasman was appointed Teaching Associate at Monash University: tutor in Litigation and Dispute Resolution and Trusts. In 2020 at The Australian Catholic University Melbourne (ACU) Tasman was lecturer-in-Charge Evidence and tutor in Torts, Land and Family Law.


Ms. Rabea Khan, Barrister, Greens List
Rabea is barrister with 15 years of practising in regulatory, criminal and quasi-criminal law. She has experience prosecuting and defending indictable crime in both Victoria and NSW, appearing in terrorism matters, coronial inquests, therapeutic jurisdictions, inquisitorial bodies and regulatory proceedings. Prior to coming to the Bar, Rabea worked for the Office of Public Prosecutions, the Independent Broad-based Anti-Corruption Commission and the Victorian Aboriginal Legal Service. Rabea served on the Review Advisory Committee for the Review of Sexual Harassment in Victorian Courts and was appointed by the Minister of Health to the Independent Pandemic Management Advisory Committee in 2022.


Ms. Georgina Costello KC, List G Barristers
Georgina Costello is a Melbourne barrister who appears and advises in cases in the areas of commercial and public law, including: commercial disputes; fraud cases; negligence claims; property law matters; migration cases and regulatory proceedings. Before coming to the Bar in 2003, Georgina was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) in property law. She is also admitted to the New York Bar and has worked in the United States as a litigator at New York law firm Fried Frank Harris Shriver & Jacobson LLP, and as associate counsel to a panel led by U.S. economist Paul Volcker inquiring into fraud and corruption related issues at the World Bank in Washington DC.


Mr. William Moore, Partner, Hall & Willcox
William Moore is a partner in the Private Clients team at Hall & Wilcox in Melbourne. He has over ten years' experience assisting clients to work through their succession planning, trust and estate planning. William is driven to achieve realistic outcomes for his clients in their personal and business succession planning, which can involve working through difficult and sensitive considerations, needing a personal touch and providing practical suggestions. He is widely regarded as a leading practitioner in the area of succession planning, trusts, estates and estate litigation and prides himself on giving practical advice and understanding the client's needs and business intimately to give them the best results. William assists a broad range of clients, from those with young families to some of Australia's largest family groups, as well as business owners and people moving towards retirement. This has provided William with practical insight into many issues, concerns and needs that arise at different stages of life. William is a recommended Wills & Estate Lawyer in Victoria in Doyles' Guide, a member of the Society of Trust and Estate Practitioners (STEP). He regularly publishes articles and presents for both the firm and professional bodies including Leo Cussen, The Tax Institute and Television Education Network.


Ms. Daniela Pavlovic, Principal, Harwood Andrews
Daniela has extensive experience in the area of succession planning. She assists clients in preparing wills and powers of attorney, including complex wills such as testamentary trusts. She is also experienced in all aspects of estate administration. Her key areas of practice include estate planning (preparation of wills including testamentary trust wills), superannuation planning, powers of attorney, special disability trusts, VCAT administration and guardianship applications, probate applications and estate administration, disputed probate applications, disputed estates and survivorship applications.


Ms. Rebecca Durso, Associate Cornwalls
Rebecca is a Corporate and Commercial lawyer who specialises interm sheets, heads of agreement and MOUs, subscription agreements, share purchase agreements, business and asset purchase agreements, shareholder agreements, drafting terms and conditions, wholesale managed investment schemes, corporate governance, and Australian Consumer Law. Rebecca was a Finalist – Commercial Team of the Year, Lawyers Weekly Australian Law Awards 2023.


Ms. Andrea Pane, Director and Principal, ACP Lawyers Pty Ltd
Andrea Pane is director and principal of ACP Lawyers. Specialising in franchising for over 25 years, Andrea's primary focus has been in the franchising sector, advising and assisting clients across a broad range of industries in the areas of business expansion, protection of intellectual property, compliance with the Franchising Code of Conduct, competition and other relevant laws, business sales and acquisitions and other related contracts and arrangements. Andrea has been recognised as one of Australia's best lawyers for franchise law in the peer-reviewed Best Lawyers© in Australia, is an accredited mediator and is Chair of the LAWASIA Franchising Committee.


Mr. John Dunne, Principal, John Dunne & Associates
John Dunne was admitted as a lawyer in Victoria in 1980. He initially worked as a tax and commercial lawyer following articles, gradually moving into litigation from 1980 to 1982 at John Wilder-Darren Moses. In 1983 John commenced practice as an employee then partner with Phillip Biber acting for a large mercantile agency in Victoria & NSW performing all types of civil litigation with an emphasis on insolvency work and with a significant appearance load as Counsel in the Magistrates Court, County Court, Supreme and Federal courts in Bankruptcy & Winding up matters. John has been a sole practitioner since 1986 up until 2006 with emphasis on high volume Debt Recovery and Insolvency almost exclusively for Creditors. John left Dibbs Abbott Stillman (now Thompson Greer) in December 2008 and resumed private practice as a sole practitioner under his own name with a continuing emphasis on Civil Litigation & Insolvency work.


Mr. Michael Rivette, Barrister, Chancery Chambers
Michael Rivette is a globally-recognised leader in commercial, privacy, media and intellectual property law. An experienced trial and appellate advocate with more than 30 years’ experience in the law, Michael has successfully argued leading decisions in commercial, intellectual property and privacy law. Michael has appeared as counsel in major privacy related cases since successfully arguing the landmark Giller v Procopets (2008) 24 VR 1. He acted as Counsel in the first privacy class action issues in the Federal Court of Australia and regularly advises corporations and government departments on privacy compliance, risk and liability issues. Michael is recommended in Best Lawyers 2020: Lawyer of the Year – Privacy and Data Protections. Doyles Guide: Best Barristers 2019. Widely published and sought after as a speaker and lecturer across his fields of expertise, Michael is the Australian co-author to international texts The Law of Privacy and the Media - Tugendhat and Christie (OUP) and Remedies for Breach of Privacy (Hart). Michael is a Senior Fellow of the Melbourne University Law School, where he teaches Privacy Law in the Post Graduate programs.

243V29

10 Points in One Day - LAST CHANCE

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All Sessions
Tuesday, 26 March 2024
7:30am to 6:30pm Australia/Sydney
CPD Points 10
10
$990.00
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Session One
Tuesday, 26 March 2024
7:30am to 10:30am Australia/Sydney
CPD Points 3
3
$420.00
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Session Two
Tuesday, 26 March 2024
10:45am to 3:15pm Australia/Sydney
CPD Points 4
4
$505.00
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Session Three
Tuesday, 26 March 2024
3:30pm to 6:30pm Australia/Sydney
CPD Points 3
3
$420.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here