10 Points in One Day: Your Last Chance
If you have left it to the last minute, do not despair. All your CPD points are taken care of right here. Featuring 10 timely topics hand-picked to cover some of the most crucial areas for commercial lawyers, you’ll gain all the CPD you need and bolster your practice in one efficient, information-packed day. Attend the full day or just the sessions relevant to you and complete your CPD with a lineup of excellent speakers covering the most important topics you need to know. 213N50
Description
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
This program is based on NSW legislation
Session 1
Property, PPSA and Insolvency
Chair: Jeremy Lucas, Consultant, Etienne Lawyers
7.30am to 8.15am PPSA Fundamentals for All Lawyers
- Legal consequences of not registering
- What is the effect if you do not perfect as against competing secured parties?
- What is the effect as against other third parties?
- What happens when an insolvency practitioner/trustee in bankruptcy is appointed?
- Vesting of security interests
- When and in what circumstances do the vesting provisions in the PPSA and Corporations Act operate?
- What is the effect of the vesting provisions if they operate?
- Applications for extensions of time to perfect a security interest
- When can they be made and how are they made?
- What will the court consider in determining whether an extension should be granted?
- What is the effect of an extension of time?
Presented by Emanuel Poulos, Partner, Ashurst
8.15am to 9.00am Due Diligence Issues in Property and Conveyancing Matters
- Residential conveyancing
- Inspections including survey
- Enquiries
- Searches
- Dealings
- Duties and taxes
- General enquiries
- Commercial conveyancing
- Leases
- Service contracts
- Dealings
- Specific enquiries
Presented by Ian McKnight, Principal, I A McKnight
9.00am to 9.45am Bankruptcy in 2021 and Beyond
- The impact of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth)
- Trends, benefits and concerns for debtors and creditors
- Where is it all heading?
Presented by Nicholas Simpson, Barrister, 13th Floor St James Hall
9.45am to 10.30am Property Law in the Aftermath of COVID-19
- A step by step guide: What happens if your tenant becomes insolvent?
- The current state of NSW legislation and consequent impacts
- Update on tenant’s current rights
- Claiming on bank guarantees
- Eviction freeze
- Rental decreases
Presented by Catherine Hallgath, Partner, Mills Oakley
10.30am to 10.45am Morning Tea
Session 2
CPD Compulsory Units for All Lawyers
Chair: Elizabeth Cohen, Barrister, Edmund Barton Chambers
Professional Skills
10.45am to 11.45am Critical Communication Skills in High Pressure Situations
- Embracing fear and uncertainty in high-stakes communication
- The 3-way model around connection
- Body language that improves our influence
- Shifting mindset around communication
- Pitching for business
- Delivering key messages virtually or face-to-face
Presented by Tony Sloman, Director, Passion and Purpose
Ethics and Professional Responsibility
11.45am to 12.45pm Ethical Obligations when Advising on Enduring Powers of Attorney
- Meeting your ethical obligations when advising your clients on who to appoint and the scope of power given
- Warning signs that a grant of power may be being abused and your associated ethical duty
- What to do when abuse of the grant is evident before, or after death
- Case studies of fraud upon a power
Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers
Practice Management & Business Skills
12.45pm to 1.45pm Holding Effective Performance Conversations with your Employees
- What is the purpose of having a conversation about performance?
- What is the difference between performance reviews and performance management?
- Should performance discussions be separate to salary reviews?
- When should performance conversations be held?
- How many should there be?
- Is there a fine line between performance conversations and bullying?
Presented by Joydeep Hor, Founder and Managing Principal, People and Culture Strategies
1.45pm to 2.15pm Lunch
Session 3
Contracts, Employment and Succession Law Updates
Chair: John Snelgrove, Partner, Rockliff Snelgrove Lawyers
2.15pm to 3.15pm Drafting and Negotiating Contract Clauses to Limit or Exclude Liability
- How to contractually cap your liability
- Excluding liability for consequential loss
- Capping your liability by reference to your insurance cover
- What liabilities should be carved out from the exclusion or cap
- Liabilities that can’t be excluded or limited at law
- Strategies for negotiating liability clauses
Presented by Owen Hayford, Principal, Infralegal
3.15pm to 4.15pm Heads of Agreement: Problems and Practical Issues
- Why use preliminary agreements
- Problems and issues that may arise if the parties’ intentions are not made clear
- When is a preliminary agreement binding
- Distinction from letters of intent
- Different types of Heads of Agreements
Presented by Brian Ambler, Partner, and Scott Alden, Partner, HWL Ebsworth Lawyers
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm Employment Law Toolkit: Unpack the Kit and Sharpen Your Tools
- Termination of employment: key principles, interesting cases
- General protections: the importance of the decision maker
- Social media and employment: the current state of play
- Bullying: key principles, interesting cases
- Sexual harassment: #MeToo and the impact of COVID-19
- Working from home: WHS, reasonable directions
Presented by Michael Byrnes, Partner, Swaab
5.30pm to 6.30pm Succession Law Allsorts: A Wills and Estates Update
- Estate administration overview
- Superannuation binding death benefit nominations: Why are they important?
- Family Provision applications overview
- When might you consider an application for a Court authorised will
Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law
Presenters
Catherine Hallgath
Catherine Hallgath is a Partner with Mills Oakley Lawyers and is a Law Society accredited specialist in property law. Catherine has acted for a range of leading Australian and Asian property owners and has extensive experience in acquisition, development and disposal of major property assets, especially commercial office blocks, retail shopping centres and industrial parks. She has acted for landlords throughout Australia in relation to ownership and management of property assets and for tenants in Australia, New Zealand and Asia, negotiating and advising on commercial, industrial and retail leases.
Emanuel Poulos
Emanuel Poulos practices in finance law, and is a specialist in restructuring, turnaround and insolvency. He advises major banks on bilateral and syndicated loan exposures. He has been involved with a number significant matters, including the liquidation of HIH Insurance Limited, a major insurance company with assets worldwide and the largest corporate insolvency in Australia, and the liquidation of MF Global, a major global financial services and derivatives broker group, being one of the largest and most complicated bankruptcies in corporate history. Emanuel advised the liquidators on cross-border issues and proceedings which led to landmark decisions on client money rules.
Ian McKnight
Ian McKnight is a Practice Group leader and widely regarded as a doyen of strata law in New South Wales. His standing has been earned over the course of a 41 year career bestriding property law and strata management. Unique amongst property lawyers, Ian is a genuine specialist. Strata and community title law is not a part time pursuit, it forms the core of his day-, to-day legal practice. He brings firsthand experience of the strata challenges to his advice from his time as a director of a corporate strata management firm.
Elizabeth Cohen
Elizabeth Cohen was first admitted as a legal practitioner in 1971. She practiced as a solicitor until 1982 when she was admitted as a barrister. From 1977-82 she was an instructor are the College of Law. Her main areas of practice are Succession Law and deceased estates and trusts. She also works in various commercial law and equity and Family Law areas. She has served on Ethics and Family law Committees of the NSW Bar Association and has worked as a District Court Arbitrator. Over her long years of practice Elizabeth has gained expertise in many other fields including conveyancing tenancy, personal injury and consumer and Trade Practices law.
Tony Sloman
Tony is the director of Passion and Purpose. P&P delivers impactful learning programs through targeted workshops and one-on-one coaching. They have created and delivered solutions for a range of organisations for eg; Department of Social Services, Network Seven, Department of the Prime Minister and Cabinet, NSW & Qld Government, QBE, Cannon, Swaab Attorneys. P&P is on the Qantas panel of learning providers.Tony trained as a professional actor at the prestigious Guildhall School of Music and Drama in London where he was awarded the Principal's Prize for outstanding achievement across the entire 800+ student population. His teachers are globally recognised educators.
Linda Clarke
Linda is a barrister and mediator practising primarily in the areas of estate litigation (with an emphasis on family provision and probate) and family law. She appears regularly in the Probate and Family Provision Lists. Linda has a particular interest in claims involving the protective jurisdiction, the use and misuse of POA’s and EPOA’s, and the growing area of elder abuse.
John Snelgrove
John is a Principal of Rockliff Snelgrove 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 business clients with varied property, commercial and corporate interests. He is not only a legal adviser to his clients but also a director of some client companies and therefore has practical commercial business expertise. He has experience across a broad range of property, commercial and corporate matters, both transactional and dispute resolution. For example, he advises clients on business structures and restructuring, intellectual property licensing and franchising, real estate and business.
Owen Hayford
Owen Hayford is the founding principal of Infralegal, a boutique law firm that provides strategic legal advice on infrastructure and construction projects. Owen has over 25 years' experience, which covers the full spectrum of contract delivery models and industry participants. Owen is highly regarded for his strategic legal and commercial advice on the structuring and delivery of infrastructure projects, and well as the resolution of contractual disputes.
Brian Ambler
Brian Ambler has many years experience in Projects and Infrastructure. He provides services for government and private sector infrastructure projects from inception through to completion. A special emphasis is placed on advising government on the tendering process. His expertise covers works and maintenance contracts, performance based maintenance and service agreements, project management agreements, subcontract agreements, architect/consulting engineers agreements, BOOT projects, mediation, dispute resolution, arbitration and litigation of construction/engineering disputes and claims for extension of time and variations. He is highly regarded for his advice to clients on outsourcing infrastructure projects with an emphasis on transport and water.
Monica Ross- Maranik
Monica Ross- Maranik is an accredited specialist in wills and estates law in NSW, working predominately in estate litigation, probate, estate administration and estate planning. She has over 25 years’ practise in the field, including extensive experience conducting high profile litigation which she undertakes with compassion and strategic reasoning. Monica’s areas of expertise include: Wills and estate planning, Contested probate litigation, Family provision litigation, Probate and estate administration, Other estate and equity litigation, Trusts and trust litigation, Enduring powers of attorney, Enduring guardianships and Protective jurisdiction advice and litigation including court authorised wills.
Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media.
Scott Alden
Scott is a partner at HWL Ebsworth in Sydney. Scott has been working in the areas of major projects and infrastructure for over 20 years and is a recognised specialist in these areas as well as the sectors of Government, Water, Defence, Ports, and Housing. Scott is known for providing legal advice with pragmatism and commerciality to ensure that the advice is relevant to the project and parties to the transaction. Scott has been at the forefront of advising on the recent legislation regarding small business and modern slavery advising both government and private sector on the implications and compliance issues arising out of these new legislative regimes. Scott is an accredited expert in the areas of Government and Administrative Law as well as the author and lecturer of two Masters of Laws programs at the College of Law and University of Melbourne respectively.
Joydeep Hor
Joydeep Hor is People + Culture Strategies Founder and Managing Principal. He is one of Australia's most well-known workplace relations lawyers due to his high media profile (both as a sought-after media commentator and prolific keynote speaker including appearing regularly on shows such as Sunrise and on Sky Business Channel) and his representation of several high profile clients throughout his career. While an expert in all areas of workplace relations, Joydeep is one of Australia's "go to" lawyers for complex and sensitive terminations of employment and also for addressing all aspects of workplace behaviour and culture (such as bullying and harassment).
Nicholas Simpson
Nicholas Simpson is a barrister who practises from 13th Floor St James Hall Chambers. He is the author of The Law of Bankruptcy Notices and Creditors’ Petitions (2020) published by Lexis Nexis. Nicholas previously worked as a commercial litigation solicitor in corporate insolvency, bankruptcy, real property, technology and construction disputes. Before commencing practice as a solicitor, Nicholas was the Common Law Researcher to the Supreme Court of New South Wales. In addition to his practice, Nicholas has lectured and tutored at the University of Sydney in Civil Procedure and tutored at the Australian Catholic University. He regularly gives lectures on all aspects of commercial law to Legalwise and the College of Law, Sydney.
Jeremy Lucas
Jeremy is a consultant to Etienne lawyers and is highly experienced in all aspects of commercial law, with an intimate knowledge of corporate and insolvency law. Jeremy’s experience comes from years of acting for large corporations including Procter & Gamble, Proton and Koppers Inc and smaller organisations including education companies, and churches. Apart from a number of years as a solicitor in private practice with Etienne Lawyers and Colin Biggers & Paisley, and previously in Albury, he has also worked for Orix Australia Limited. Jeremy has lectured in a number of education programs including with the AICD.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia