10 Points in One Day
213S01: Featuring 12 practical sessions & 15 leading experts this is the only program you need. Gain all your CPD points in one go while gaining the latest updates, strategies & skills across a wide range of areas that you come across in your daily files.
Description
Attend and earn 10 CPD units including:
6.5 units in Substantive Law
1 unit in Practical Legal Ethics
1 unit in Practice Management or Business Skills
1.5 units in Professional Skills
This program is based on SA legislation
Session 1
Property and Commercial Law Roundup
Chair: Stephen Lendrum, Partner, Dentons; Leading Property & Real Estate Lawyer, Doyle’s Guide 2020
7.30am to 8.15am Contractual and Statutory Indemnities in the Insolvency Context: A Case Study
Explore the recent Federal Court decision in Adelaide Brighton Cement Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No. 6) [2020] FCA 928 and the essential takeaways, including:
- Overview of the indemnities that are typically available under statute and, where applicable, contract
- Circumstances in which recourse to statutory and contractual indemnities may be denied
- Key issues when advising clients in relation to indemnities
Presented by Sally Heidenreich, Barrister, Murray Chambers
8.15am to 9.00am Land Tax: Practical Implications for Lawyers
Recent amendments to SA Land Tax legislation place added burdens on every lawyer advising on transactions, structures, trusts or estates involving land assets. Government responses to the current economy create additional complexity as have some interpretations of the legislation chosen by the Commissioner of State Taxation.
Join this practical session on how the new rules operate in the real world including:
- A review of the new legislation and its operation in relation to different entities
- Implications for structuring land holdings and land developments
- Implications for estate planning
- Accessing the principle place of residence land tax exemption
- New reporting obligations on land acquisition
- The concessions available and how to access them
Presented by Julie Van der Velde, Principal, VdV Legal; Recommended Tax Lawyer, Doyle’s Guide 2019; 2017 Taxation Institute Chartered SME Tax Adviser of the Year
9.00am to 9.45am Property Law Update: Legislative Changes, Critical Cases & Recent Trends
Examine recent cases, legislative developments and the key trends impacting property law, your practice and your clients.
Presented by Chris Kelly, Partner, Thomson Geer; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020
Professional Skills
9.45am to 10.30am Business Valuations in 2021 and Beyond
- The 4 W's: Why, What, Who, When?
- The valuation approach
- Analytical forecasting
- Deriving a valuation conclusion
- Impact of COVID-19 on the Australian economy
- Implications for business valuations
- Is there any business goodwill?
- Tricky issues: tips, traps and advice
Presented by Brendan Daw CA, Director, Daw Accounting and Advisory; Business Valuation Specialist CAANZ; Registered SMSF Auditor
10.30am to 10.45am Morning Tea
Session 2
CPD Required Units for All Lawyers
Chair: Wendy Jones, Partner & Head of Office, Dentons; Leading Insolvency & Restructuring Lawyer and Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020
Practical Legal Ethics
10.45am to 11.45am Sexual Harassment and Bullying in the Profession Post #MeToo and Heydon
- Examine the issues within the broader context of lack of equity and diversity and the experiences of women and safety within the society at large
- What avenues do lawyers who are bullied and harassed have for complaint and investigation?
- By other members of the profession including their own worksite (discussion on conduct rules and discrimination legislation)
- By the judiciary
- What can employers in the legal profession do to make the worksite safer for workers?
- What do the member organisations need to do? Law societies and bar associations
- What should we be teaching our students of law about the issue?
- Where to from here?
Presented by Claire O’Connor SC, Villeneuve Smith Chambers; Recommended Family & Divorce Senior Counsel, Doyle’s Guide 2020
Practice Management or Business Skill
11.45am to 12.45pm The New Flexibility for the Employee
- Working from home: navigating the changing landscape
- The increasing impact of technology on working arrangements
- The risks associated with alternative working arrangements and reduced personal interactions in the workplace
- How employment lawyers can prepare for workplaces of the future
Presented by Simon Bourne, Solicitor, Bourne Lawyers; Preeminent Employment Lawyer, Doyle’s Guide 2020
Professional Skills
12.45pm to 1.45pm Affidavits & Taking Statements: Guidance for Litigators & Commercial Lawyers
- Practical tips for eliciting statements from witnesses
- How to draft an admissible, relevant, persuasive and effective affidavit
- Perfecting your drafting style
- Ethical and practical considerations
- Avoiding common mistakes and pitfalls
Presented by Mark Douglas, Barrister, Murray Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
1.45pm to 2.15pm Lunch
Session 3
Family, Wills & Estates, Trusts & Workplace Law
Chair: Maurine Pyke QC, John Bray Chambers; Recommended Family & Divorce Senior Counsel, Doyle’s Guide 2020
2.15pm to 2.20pm Opening Comments from the Chair
2.20pm to 3.05pm Family Law: Cases and Developments
- Case update of key parenting and property decisions
- Overview of recent Court initiatives
- Developments on the horizon
Presented by Jane Miller, Barrister, Elizabeth Evatt Chambers; Accredited Specialist in Family Law; Co-Chair, Law Society of South Australia Family Law Committee; Leading Family & Divorce Junior Counsel, Doyle’s Guide 2020
3.05pm to 3.50pm Family Provision Practice and Procedure: How to Commence a Family Provision Claim
- Procedural issues with commencing family provision claims in South Australia
- Rules, time limits, giving notice of intention to claim, parties, pleadings or affidavits and their content, extensions of time, issues of distribution of the deceased’s estate
- Categories of claimants, eligibility to make a claim, role of executor in the proceedings
- Hearing and mediation of claims; methods of settling claims
Presented by Graham Edmonds-Wilson QC, Howard Zelling Chambers; Preeminent Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2020
3.50pm to 4.05pm Afternoon Tea
4.05pm to 4.50pm Wills and Estates Case Update: Lessons from Recent Cases
Analyse recent cases, the key issues in dispute, the relevant outcomes, and the practical takeaways from each case.
Presented by Katarina Grenfell, Barrister, Murray Chambers
4.50pm to 5.35pm Modern Trustees Dealing with Actual or Perceived Conflicts of Interest and/or Duty
At general law it is said that there are only two proscriptive duties of a trustee: not to obtain any unauthorised benefit from the relationship and not to be in a position of conflict. A breach of either of these obligations requires the trustee to account for any profits and make good any losses. Recently the courts have had to consider the so-called ‘no conflicts rule’ and its application to executors and administrators of deceased estates where the estate is a potential beneficiary of a superannuation death benefit. This presentation will examine:
- Recent ‘no conflict’ cases
- The plight of the executor/administrator of the deceased estate
- Vital takeaways to apply to your practice
Presented by Suzanne Mackenzie, Barrister, Bar Chambers
5.35pm to 6.20pm Workplace Law Update: Impact of New Laws & IR Reforms
- Overview of proposed changes in the areas of:
- Casuals and fixed term employees: Is there greater clarity and certainty about casual employment arrangements?
- The effectiveness of the workplace relations compliance framework in areas including wage underpayments
- Award simplification and enterprise agreements: What's changed?
- What do the new laws look like and how will they work in practice?
- Update on legislative changes and reforms impacting on the workplace
- Case law update: cases of significance in employment law and WHS
Presented by Karl Luke, Partner, Thomson Geer; 2020 Adelaide Lawyer of the Year, Occupational Health & Safety Law, Best Lawyers; Leading Employment Lawyer and Recommended Workplace Health & Safety Lawyer, Doyle’s Guide 2020
6.20pm to 6.30pm Final Q&A and Closing Comments from the Chair
Venue
Hilton Adelaide
Level 1, 233 Victoria Square
Adelaide 5000
SA
Australia
Parking
Due to COVID restrictions, Hilton Adelaide no longer offers valet parking service for the time being and there is no on-site parking available, however there are plenty of public carparks in the surrounding area for attendees to use.
Some of the closest and most popular carparks are the following:
- Mill Street Auto Park (multi storey carpark)
- Mill Street Wilson Parking (street parking)
- Central Market UPark (multi storey carpark)
Directions
Hilton Adelaide is centrally located in Victoria Square on the corner of King William Street and Grote Street.
Getting around the city is easy with the free City Tram, taking you between South Terrace and The Entertainment Centre. Delegates can catch the city tram at Hilton Adelaide’s doorstep.
Presenters
Stephen Lendrum, Partner, Dentons
Stephen Lendrum is a partner in Dentons Real Estate Group. He is one of South Australia's most experienced commercial property practitioners with over 30 years' experience handling complex property and development work on landmark South Australian projects. Stephen acts for a number of local and national developers. He also acts for major national landlords in relation to the management and leasing of their shopping centres as well as for national tenants in relation to site leases and acquisitions. Stephen is a past Vice-President of the South Australian Division of the Property Council of Australia. He has lectured in a number of areas of commercial law at South Australian Universities.
Sally Heidenreich, Barrister, Murray Chambers
Sally accepts briefs in most areas of commercial and civil law, in both private and public contexts, and appears in all major State and Federal courts and tribunals. She is also available to provide opinions and associated advisory work. Pro bono briefs are accepted exclusively via referral through JusticeNet or under Rule 4.12 of the Federal Court Rules 2011. Prior to her legal career, Sally served as an Intelligence Officer for many years. Sally deployed a number of times to Iraq and Afghanistan, where she gained first-hand experience applying the Laws of Armed Conflict in the course of direct conflict with insurgent and other non-state actors.
Julie Van der Velde,Principal, VdV Legal
Julie Van der Velde is the principal of a specialised commercial law firm, VdV Legal and has degrees in Business and Law and a Masters of Taxation Law. With over 20 years' experience advising South Australian businesses her practice focuses on taxation and trust law with an emphasis on estate planning, taxation, tax planning, business structuring, business succession and intergenerational transfers. Julie is a registered Trust and Estate Practitioner, a Chartered Tax Advisor and a Fellow of CPA Australia. She has facilitated on the Law Society of South Australia's GDLP program, is a Recommended Wills, Estates and Succession Planning Lawyer, Doyle's Guide 2017 - 2019 and is the Taxation Institute's SME Chartered Tax Advisor for 2017.
Chris Kelly, Partner, Thomson Geer
Chris practises in a diverse range of property law, with a strong focus on leasing and major commercial acquisitions as well as renewable energy and infrastructure projects. Chris regularly acts for vendors, purchasers, landlords, tenants and developers. He has expertise in the preparation of numerous property documents with varying levels of complexity including contracts for sale, leases, easements, encumbrances, land divisions and caveats. He also regularly undertakes property related due diligence. Chris has been recognised by his peers as one of the Best Lawyers in Australia in the area of Leasing law (2020 and 2021).
Brendan Daw CA, Director, Daw Accounting and Advisory
Brendan Daw operates a niche Chartered Accounting practice specialising in business valuation, advisory and, expert witness work and self-managed super, as an extension to the standard accounting, tax and business, advisory services. Brendan has over 28 years' experience across multiple disciplines which culminates in an, enhanced understanding of the key drivers for small to medium business and the value of such businesses.,
Wendy Jones, Partner & Head of Office, Dentons
With her pragmatic approach, exacting technical skills and leadership ability, organisations including financial institutions, manufacturers, wine makers and retirement villages, benefit from Wendy's proven commercial litigation expertise. For over 20 years, Wendy has worked successfully and tenaciously on large and complex litigation matters, including some of Australia's largest audit negligence claims, as well as contract and product liability disputes, and trade practices issues. Her special interest in insolvency law means Wendy's advice is regularly sought on voluntary administrations, deeds of company arrangement, liquidators' recovery and investigation powers, secured creditor rights, priority issues and proofs of debt.
Claire O’Connor SC, Villeneuve Smith Chambers
Claire O'Connor SC is a barrister practising in criminal, family and civil work, (predominantly personal injuries, inquiries and inquests). Aside from the usual practice of car accidents, murders, rapes and family disputes over children, assets and pets, and all conflicts those areas of law entail, she is also well known for her refugee and detention centre work. She has developed a keen interest in gender equity issues in the last few years in particular and is the Law Society of SA representative on the Law Council gender committee, a member of the SA Bar Women at the Bar committee and a member of the Law Society's own gender equity working group.
Simon Bourne, Solicitor, Bourne Lawyers
Simon completed a Bachelor's degree in Laws and Legal Practice at Flinders University in September 2009 and is admitted to the Supreme Court of South Australia and the High Court of Australia. In addition to his experience at Bourne Lawyers, Simon has worked for the Victorian Supreme Court and Court of Appeal and practised as a solicitor with a commercial insurance firm in Melbourne. Simon is nationally recognised for his expertise in employment and industrial law and is committed to providing practical advice to enable clients to achieve excellent results without undue cost and delay in all areas of his practice.
Mark Douglas, Barrister, Murray Chambers
Between 2004 and 2011 Mark Douglas was a Partner and in house counsel in the Commercial Litigation team at Minter Ellison and before that worked as commercial litigator at Bonnins and Phillips Fox (now DW Fox Tucker). Mark now practices as a barrister from Murray Chambers. Mark works in a broad range of litigious areas but his particular focus is in commercial and civil disputes, insolvency, administrative law and tax, trusts and estates matters. From 2011, Mark has been recognised in the Best Lawyers International list for Litigation and in Doyle’s Guide since 2014.
Maurine Pyke QC, John Bray Chambers
Maurine Pyke QC was appointed Queen's Counsel on 2nd December 2004, having joined the Bar in 1986. She practises primarily in Family Law and De Facto Relationship Law. Maurine was a former member from 1995 to 2010 of the Executive of the Bar Association of South Australia including member of the Ethics Committee and Chair of the Family Law Committee. She is also a Past Member and past Chair for 6 years of the Family Law Section of the Law Society of South Australia. She is currently Presiding Member of the Legal Practitioners Disciplinary Tribunal has been President of the Central Domestic Violence Service for approximately 30 years.
Jane Miller, Barrister, Elizabeth Evatt Chambers
Jane Miller was admitted to practice in 2001 and spent most of her career at Tindall Gask Bentley working in Family Law & Wills and Estates, before moving to the independent Bar in June 2019. As a member of Elizabeth Evatt Chambers in Adelaide, Jane practices in all areas of family law. Gaining Specialist Accreditation in Family Law in 2005, Jane has a strong commitment to helping clients work through the legal aspects of relationship breakdown. She is the co-chair of the Law Society's Family Law Committee.
Graham Edmonds-Wilson QC, Howard Zelling Chambers
Graham Edmonds-Wilson is a barrister at Howard Zelling Chambers. He joined the South Australian bar in 2007 from Minter Ellison. He was with that firm and its predecessors from 1987, and was a partner of MinterEllison from 1998 to 2007. Graham has practised widely in the area of commercial disputes during the whole of his career. For over 12 years he has also practised extensively in the field of deceased estates and trusts, and has advised and appeared in cases involving wills and trusts interpretation issues, family provision claims and other disputed estates matters.
Katarina Grenfell, Barrister, Murray Chambers
Katarina was admitted as a barrister and solicitor in South Australia and the High Court in 1995, and was called to the bar in 2018. Katarina has a broad practice in civil, commercial and public law matters, which includes advising on and appearing in matters involving environment and planning law, employment law and estate law. Prior to commencing practice at the Bar, Katarina had an extensive career as an international lawyer, working within the UN Office of the Legal Counsel in New York, where she advised on a broad range of complex and politically sensitive legal issues regarding UN operations worldwide.
Suzanne Mackenzie, Barrister, Bar Chambers
Suzanne Mackenzie joined the independent bar in South Australia in2018, following almost 30 years of practice as a solicitor. She has particular expertise in the fields of financial services, superannuation (for both large fund and self-managed superannuation funds), taxation and trusts. She has also advised boards and individual directors of 'for-profit' and 'not-for-profit' companies and other bodies. Suzanne has had significant exposure as instructing solicitor (and more recently, also as counsel) in various significant civil litigation matters, including several iconic superannuation and trust cases in the Supreme Courts of South Australia and Victoria and also in the Federal Court.
Karl Luke, Partner, Thomson Geer
Karl has over 25 years' experience practising as both a barrister and a solicitor advising on a broad range of workplace legal issues. His practice specifically focuses on industrial relations, employment law, Work Health and Safety law, and workers' compensation. Karl has advised the Commonwealth Government statutory agency, Safe Work Australia, on a range of issues involving Work Health and Safety laws and has an interest in the governance of safety (due diligence), regulatory compliance, and safety system design. Karl advises and acts for large corporations in workplace law disputes. He also advises industry stakeholders and employers on all aspects of the Return to Work scheme.