Saturday 10 Points in One Day
WEB213V22: 10 presentations, 10 points. Featuring pre-eminent and leading silks, barristers and solicitors, you will gain insights and practical guidance you can utilise in your everyday practice while gaining all of your CPD points without missing a day in court or the office. Attend the full day or just the sessions relevant to your practice.
Description
Attend the full day 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 applicable to practitioners from all States & Territories
Session 1
SMSFs, Property Law and Family Law
Chair: John Sinisgalli, Principal, Sinisgalli Foster; Accredited Specialist in Commercial Litigation
7.30am to 8.15am Property and Commercial Disputes
- Joinder of parties in disputes: the correct way
- Non-party costs orders: recent developments
- Commercial, property and building disputes case update
Presented by Fabian Brimfield, Barrister, Svenson Barristers
8.15am to 9.15am SMSF Death Benefit Disputes
- Who can death benefits be paid to?
- Exercise of discretion in the absence of a binding death benefit nomination: the good, the bad and the ugly
- Discretion to be exercised in good faith following the Marsella decisions
- Binding death benefit nominations: what to look out for
- Discretionary distributions and conflicts of interest
Presented by Nathan Yii, Principal Lawyer, Nathan Yii Lawyers; Preeminent Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
9.15am to 10.00am Family Law Disputes: Addbacks in Family Law Property Settlements
- Are addbacks finished?
- Cases where it may be appropriate to argue for an addback
- Legal fees
- Premature distributions
- Property not disclosed or accounted for
- Wastage arguments
- Tips for adding back
Presented by Rachell Davey, Partner, Lander & Rogers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Matters Lawyer, Doyle’s Guide 2020
10.00am to 10.30am Document Disclosure, Discovery and Subpoenas in Family Provision Litigation
- What does document disclosure look like?
- Advising your clients on their obligations to disclose documents
- Civil Procedure Act obligations on practitioners
- When is discovery available in family provision claims?
- Recent case on subpoenas
- What are the procedural requirements for discovery and subpoenas?
Presented by Jennifer Maher, Principal Lawyer, KCL Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyers, Doyle’s Guide 2020 and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
10.30am to 10.45am Break
Session 2
CPD Compulsory Units for All Lawyers
Chair: Christopher Dale, Principal, Christopher Dale Solicitor; former President of the Law Institute of Victoria
Professional Skills
10.45am to 11.45am Mediation Advocacy: Achieving Success
- When to mediate?
- Preparing and strategies for mediation
- Negotiation: key insights on how to be an effective negotiator
- Dealing with difficult clients or opposing lawyer
- Choice of mediator
- When to consider briefing counsel
- Documenting the settlement
Presented by Anthony Lo Surdo SC, FCIArb, Barrister, Independent Arbitrator, Advanced Mediator, Lonsdale Chambers, Melbourne: 12 Wentworth Selborne Chambers, Sydney; Outer Temple Chambers, London; Abu Dhabi, Dubai
Practice Management & Business Skills
11.45am to 12.45pm Legal Costs: Best Practice in Costs Disclosure, Billing and File Management
Using project management principles to enhance your practice with respect to:
- Estimating legal costs
- Managing client expectations
- Improving inter partes costs recovery
Presented by Paul Averill, Senior Costs Consultant & Legal Project Practitioner, The Australian Legal Costing Group
Ethics & Professional Responsibility
12.45pm to 1.45pm Contemporary Ethical Dilemmas
Join an experienced barrister and delve into the ethical pitfalls and risks that can trip up you, your practice and your clients. Explore real world examples, examine the key facts in each, and develop strategies to avoid getting caught in ethical traps.
Presented by Murray McInnis, Barrister, Holmes List
1.45pm to 2.15pm Break
Session 3
Family, SMSFs, Employment and Insolvency
Chair: Jeremy Twigg QC, Castan Chambers
2.15pm to 3.15pm Issues in Contract Disputes
- Issues with construing contracts and particular commercial contract terms
- Heads of agreement
- Issues with repudiation, restitution & rescission
Presented by Jeremy Twigg QC, Castan Chambers
3.15pm to 4.15pm Commercial and Employment Contracts: Major Issues
Contracts in the time of COVID-19: a practical discussion regarding the impact of unforeseen events beyond the parties’ control on commercial and employment contracts
- Commercial context, matters including:
- Force majeure
- Frustration
- Employment context, matters including:
- Unilateral standdown
- Issues arising from reduction in available work
Presented by Jon Davis QC and Andrew Crocker, Barrister, Aickin Chambers
4.15pm to 5.15pm Insolvency Update for Every Solicitor: Reforms and Trends
- Major reforms: analysis and impact
- What they mean for your practice
- Discussion of trends for the year ahead
Presented by David Grant, Partner, Logie-Smith Lanyon Lawyers; Recommended Insolvency & Restructuring Lawyer and Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020
5.15pm to 5.30pm Afternoon Tea
5.30pm to 6.30pm PPSR Case Update and PPSR Protection During and After the COVID-19 Crisis
- PPSR protection during and after the COVID-19 crisis
- Updated case law including RCR Tomlinson Ltd, Virgin Australia Holdings Ltd (No 4), Jayfield Pty Ltd v Cussen
- Case law update: extensions of time
- Ipso facto review
Presented by Derek Cronin, Partner, Cronin Miller Litigation
Presenters
John Sinisgalli
John is a Principal of Sinisgalli Foster Legal and an Accredited Commercial Litigation Specialist since 1993. John established Sinisgalli Foster in April of 2018 with fellow Principal Alan Foster. John practises in Commercial Litigation, Insurance Litigation, Insolvency, Commercial Transactions, Trust and Estate Litigation. John was Chairperson of the Law Institute of Victoria Specialisation Committee from 2014 to 2017 and has been a Committee member for 11 years. John is a Director of the Marsh Foundation, and a Committee Member of the DOXA Community Club.
Fabian Brimfield
Fabian specialises in building and property disputes, commercial disputes, employment advice, and regulatory prosecutions, particularly in trial work involving expert evidence. Fabian enjoys a busy advocacy practice, having conducted a jury trial in a Supreme Court (unled) in his first month at the bar. Fabian was also an associate to international arbitrator and the founder of the Singapore International Arbitration Centre (SIAC), Dr Michael Pryles AO. In March 2019 Fabian was a finalist in the Lawyers' Weekly 30 under 30 awards in the barrister category.
Nathan Yii
Nathan is the Principal Lawyer, Chartered Tax Advisor and an accredited SMSF Specialist AdvisorTM of the Melbourne based legal practice, Nathan Yii Lawyers. He is a graduate of Melbourne Law School and holds a Bachelor of Commerce (Accounting), a Bachelor of Laws (Hons) and a Master of Laws. Nathan is also recognised in Doyles Guide as both a leading Wills, Estates & Succession Planning Lawyer and Wills & Estates Litigation Lawyer in Victoria. Nathan works with accountants, financial planners and other lawyers to achieve their clients structuring and estate planning objectives, factoring in taxation, asset protection, SMSF compliance and dispute prevention.
Rachell Davey
Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters. Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions. She is highly adept at resolving complex property matters involving corporate entities, businesses, addressing the taxation implications of settlement and third parties.
Christopher Dale
Chris was initially admitted to practice in Victoria and thereafter in each of the other Australian States and Territories. He has extensive experience in all areas of Commercial Litigation and Alternative Dispute Resolution, Arbitration and Mediation and Insolvency and Reconstruction and Taxation Litigation. He has practised in all Australian States and Territories, and conducted cases in all Court levels in those jurisdictions as well as the Federal Court and High Court. He has also conducted cases in miscellaneous Australian Administrative Tribunals. Chris is a Commercial Litigation Specialist with the Law Institute of Victoria and a qualified mediator.
Anthony Lo Surdo SC
Anthony Lo Surdo SC, FCIArb, was called to the Bar in 1996, having previously practiced as a solicitor since his admission as a legal practitioner in 1987. He was appointed as Senior Counsel in 2011. He practices from 12 Wentworth Selborne Chambers, Sydney, Lonsdale Chambers, Melbourne and Outer Temple Chambers, England and UAE. Anthony specialises in banking, contract, commercial, corporations, equity, professional indemnity, insurance, insolvency, property and sports law. He is described in Doyles Guide to the Australian Legal Profession in 2015-2020 as one of the country’s leading insolvency and reconstruction Silks. He is accredited as a mediator under the National Mediation Accreditation System and as an Advanced Mediator by Resolution Institute. He is also certified by the International Mediation Institute and the Singapore International Mediation Institute. He has been rated by Doyles Guide in 2017-2020 as a leading mediator in NSW. Anthony is also accredited as a Grade 1 Arbitrator and is a Fellow of the Chartered Institute of Arbitrators, of Resolution Institute and of the Australian Centre for International Commercial Arbitration. Doyles Guide described him in 2019 and 2020 as one of the country’s leading arbitration Senior Counsel.
Paul Averill
Having practised in the field of costs law for 33 year in the UK, Paul has degrees in both Engineering and Law and is a Certified Legal Project Practitioner (being a member of the International Institute of Legal Project Practitioners). Since joining ALCG - The Australian Legal Costing Group in 2019, Paul has put his wealth of experience to good use, assisting lawyers and clients across all Australian jurisdictions, and is now well-versed in the nuances of the costing principles unique to the Australian legal system
Jon Davis QC
Jon has a superior court commercial, industrial, insurance/professional liability and administrative law practice. His commercial practice focuses on the areas of contracts, corporations law, trade practices, property, equity, trusts, fiduciary duties and insurance law. He is frequently briefed to advise and draw pleadings in complex matters involving difficult questions of law which are not governed by precedent. He has been recognised in the current edition of Best Lawyers in Australia for litigation. Jon did articles and practised as a solicitor at Corrs Chambers Westgarth before coming to the Bar in 1993. He read with the Honourable Justice Whelan.
Andrew Crocker
Andrew practises in employment, industrial relations and workplace health and safety. Before coming to the Bar, Andrew was a Special Counsel in HWL Ebsworth’s Workplace Relations and Safety team. Andrew regularly acted for clients in a range of industries including financial services, insurance, energy and resources, healthcare and the public sector. He represented clients in disputes arising from general protections, discrimination, sexual harassment, breach of confidentiality and restraint obligations, industrial action, unfair dismissal and unlawful termination claims.
David Grant
David is head of the commercial litigation department at Logie-Smith Lanyon Lawyers. David is a commercial litigator of over 25 years' experience. He has spent much of this time advising and representing insolvency practitioners and other stakeholders including directors and creditors, in many high profile insolvency administrations. He was recently involved in representing a creditor in the matter of Re Mossgreen Pty Ltd (In liquidation), in a proceeding that was ultimately heard by the Full Federal Court. His extensive experience affords him a unique insight into matters involving creditors rights in insolvency administrations, and the impact the new regime is and will have on insolvency administrations moving forward.
Derek Cronin
Derek Cronin was admitted as a solicitor 25 years ago and is the Founder and Managing Partner of Cronin Miller Litigation Lawyers, a well-known firm on the Gold Coast which specialises in commercial litigation, debt recovery, insolvency and dispute resolution. The Firm employs ten full time commercial litigation lawyers, making it one of the largest litigation teams on the Gold Coast. Since the implementation of the PPSR regime, Derek has given advice to legal, accounting, and insolvency practitioners in all things PPSR, and has also guest lectured at Bond University, where he is a member of Council and also Chairman of the Bond Alumni Advisory Board, and member of the Law Advisory Board.
Jeremy Twigg QC
Jeremy is a commercial barrister with a particular focus on construction and engineering, real property, and planning and environment disputes. He appears regularly in the Supreme Courts and Courts of Appeal. Jeremy also has an extensive arbitration practice in both domestic and international arbitration. He is also a graded arbitrator and an adjudicator.
Murray McInnis
Murray McInnis was admitted in 1979 and employed as a solicitor until he commenced at the Bar. He practised in a wide area of commercial, civil, criminal and administrative law for a period of 20 years at the Bar from 1980 to 2000. He was appointed as a Chapter III Justice of the Federal Magistrates Court of Australia (now the Federal Circuit Court of Australia) in June 2000. He resigned his Commission on 28 January 2008 and returned to the Bar on 4 February 2008. During his time as a Commonwealth Justice Mr. McInnis delivered almost 800 judgments (with media neutral citations) mainly in general federal law of which approximately 70 have been reported.
Jennifer Maher
Jennifer advises private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning.
Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as a number of significant cases in wills, estate and equity matters including cy-près applications. Her practice incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts.