10 Points in One Day
213Q03: Gain a wealth of knowledge from the best in their field all in one day. You will gain insights on a variety of areas of law and issues impacting on your practice including all the big areas of dispute today: insolvency, defamation, employment law, estates, family and property. Take away key skills that you can immediately apply to your practice including trial tips and tricks, billing issues and building a team to help you succeed. Attend the full day to gain all the CPD points that you need.
Description
Attend and earn 10 CPD units including:
7 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on QLD legislation
Session 1
Insolvency, Defamation, & Employment Law
Chair: Lara Radik, Partner, Carter Newell Lawyers
7.30am to 8.15am The New Insolvency Regime for Small Business
- Eligible companies with liabilities of less than $1 million
- Debtor in possession model and temporary insolvency relief
- Role and function of small business restructuring practitioners
- Restructure plans and creditors rights
- Simplified liquidations
Presented by Howard Alexander, Barrister, Briggs Lane Chambers; member, Public Rulings Advisory Committee, Queensland Office of State Revenue
8.15am to 9.00am Defamation Law Update
- Current state of the nation on defamation law
- Assessment of damages and recent cases
- Proposed legislative changes
Presented by Melanie Quixley, Principal, Barry Nilsson Lawyers; Recommended Public & Product Liability Lawyer (Defendant) and Professional Indemnity Lawyer, Doyle’s Guide 2020; Best Lawyers 2021, Insurance Law, Personal Injury Litigation and Product Liability Litigation
9.00am to 9.45am Employment Law: Significant Developments in the New Reality
Explore a range of developments over the last year including:
- Fair Work Act changes 2020: new workplace rights and COVID-19 inspired changes
- Stand downs in focus; the Courts and the Commission: Qantas v ALEA, IEU v The Peninsula School and other cases
- Restraints in a time of plague: a snapshot of the year’s cases
- A selection of notable adverse action cases
- Is there a tension between the Commission and the Federal Court on the principles of interpretation of agreements? Bianco Walling v CFMMEU, Berri and Golden Cockerel
Presented by Sean Reidy, Barrister, Chambers at 32
9.45am to 10.30am Managing a Workplace in COVID-19 Times: What’s New, What’s Different?
Organisations have been managing the impact of COVID on the workplace for nearly 12 months but as the pandemic and the related response changes, new issues continue to emerge.
- Gain tools to manage the workplace response to COVID within the existing national legal framework
- Deduce WHS implications, issues relating to working from home and the return to the physical workplace
- Decipher developing a workplace position on vaccinations
- Acquire timely and practical advice on these issues within your organisation
Presented by Samantha Betzien, Partner, MinterEllison; Best Lawyers 2021, Occupational Health and Safety Law, Employee Benefits Law and Labour and Employment Law; Leading Workplace Health & Safety Lawyer and Leading Employment Lawyers (Employer Representation), Doyle’s Guide 2021
Session 2
CPD Mandatory Core Areas for All Lawyers
Chair: Gavin Handran QC, North Quarter Lane Chambers; Preeminent Insolvency & Restructuring Junior Counsel, Leading Commercial Litigation & Dispute Resolution Junior Counsel and Leading Mediator, Doyle’s Guide 2020; Best Lawyers 2021, Commercial Law and Alternative Dispute Resolution
Professional Skills
10.45am to 11.45am Lessons from 20 Years of Trial Experience: Tricks and Traps
- Pleadings
- Disclosure/trial bundles
- Witness summaries/affidavits/evidence in chief
- Advising clients on trials/expectations
- Working with Counsel
- Conferences with clients/counsel
- Conducting a trial
Presented by Dale Cliff, Partner – Commercial Disputes & Insolvency, Mills Oakley
Practical Legal Ethics
11.45am to 12.45pm Understanding Ethical and Unethical Billing
- Estimates and time sheet ‘padding’
- Charging for standard forms
- ‘Camel trains’ and other over-servicing
- Fixed fee issues
- Charges for ‘getting up to speed’
- Unusual expenses and informed consent
Presented by David Edwards, Principal Legal Officer, Legal Services Commission
Practice Management & Business Skills
12.45pm to 1.45pm The 5 Dysfunctions of a Team: How to Avoid Dysfunction and Build a High Performing Team
- Understanding the reasons why teams struggle
- Practical ways to unite teams
- Building a team focused on common goals, regardless of function
- Leadership techniques to drive effective teams
Presented by Ben Deverson, Director, Lawganised
Session 3
Wills & Estates, Family Law and Property Law Roundup
Chair: Paul Favell, Barrister, Inns of Court
2.15pm to 3.15pm Wills and Estates Decisions: Practical Applications in Drafting and Disputing Wills
- Review of salient Queensland Supreme and District Court decisions in the last 9 months with particular reference to:
- Informal will applications under Section 18
- Family provision matters
- Construction applications
- Practical implications of these cases for both ‘front end’ will-making practice and post-death litigation
Presented by David Topp, Barrister, Bank of New South Wales Chambers
3.15pm to 4.15pm Challenging Trustee Discretion in SMSF Death Benefit Payments
- Reviewing Re Marsella; Marsella v Wareham
- What is acting in good faith and real and genuine consideration?
- Risks of failing to acknowledge a potential conflict or seek relevant advice
- Duty of the trustee to avoid a conflict of interest
- Obligation of the trustee to give reasons for exercise of discretion
Presented by Hayley Mitchell, Partner, Cooper Grace Ward; Accredited Specialist in Succession Law
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm Major Developments in Family Law and the Implications for Trial Practice
- Review of salient Family Court-Full Court decisions in last 6 months with particular reference to:
- Relocation cases
- Judicial bias/recusal cases
- Appeals from consent orders/s79A cases
- Practical Implications of those cases for trial practice in both FCA & FCCA
Presented by Dr Mark Sayers, Barrister, Quay 11 Chambers; Nationally Accredited Mediator; Leading Family Law Junior Counsel and Recommended Parenting & Children’s Matters Junior Counsel, Doyle’s Guide 2020
5.30pm to 6.30pm Retail and Commercial Leasing Developments
Analyse significant legislative updates, key cases and recent developments impacting retail and commercial leasing.
Presented by Marshall Cooke, Barrister, Inns of Court
Presenters
Lara Radik, Partner, Carter Newell Lawyers
Lara Radik has over 13 years’ experience advising on workplace, industrial relations and workplace health and safety. Lara has represented clients in unfair dismissal claims, general protections claims, discrimination claims, applications for orders to stop bullying, sham contracting prosecutions, work health and safety prosecutions, coronial inquests, prosecutions for underpayment of entitlements, and workers’ compensation claims. She regularly advises clients on restructures and redundancies, post-employment restraints, protection of intellectual property and confidential information, managing underperforming employees, managing ill or injured employees, compliance with work health and safety legislation, enterprise agreement negotiations, and outsourcing arrangements.
Howard Alexander, Barrister, Briggs Lane Chambers
Howard has practised as a barrister in Queensland and in the federal courts of Australia for over 25 years in a wide range of commercial, tax and duty disputes. Howard has also lectured in Master of Laws and Master of Taxation courses at the University of Queensland and was a member of the Taxation Committee of the Law Council of Australia for several years. He has published papers and delivered many seminar papers on his areas of practice.
Melanie Quixley, Principal, Barry Nilsson Lawyers
Melanie Quixley practices in the areas of general liability and professional indemnity. She is experienced in advising on and managing claims in the areas of policy coverage and first party claims; public liability (including personal injury, product liability and property damage); professional indemnity (including pure economic loss); subrogated recovery claims. She manages a wide portfolio of personal injury claims including claims for catastrophic injury and loss of dependency and also handles CTP and dust diseases claims. In addition to her work as a litigator, Melanie advises her corporate clients on both risk management and contractual terms.
Sean Reidy, Barrister, Chambers at 32
Sean Reidy is a barrister and mediator. He has appeared in cases in all courts in the State and Federal jurisdictions as well as tribunals such as QCAT, the Queensland Industrial Relations Commission and the Fair Work Commission. His is briefed in cases involving contract law, administrative law, statutory interpretation, defamation, employment law, human rights and professional regulation, and in mediations.
Gavin Handran, QC, North Quarter Lane Chambers
Gavin is briefed in complex corporate and commercial cases. He is an experienced trial and appellate counsel. Gavin’s recent cases include acting for Springfield City Group in a significant claim against Pipe Networks (TPG), acting for unit owners in the former Hyatt Coolum Resort against Mr Clive Palmer and his corporate interests, and appearing for the former CEO of Dreamworld at the inquest into the Thunder River Rapids Ride tragedy. Gavin is a keen sportsperson and the player advocate for the Brisbane Lions. He is a nationally accredited mediator in all areas of law, except family law.
Dale Cliff, Partner – Commercial Disputes & Insolvency, Mills Oakley
Dale is one of Australia’s leading commercial litigation lawyers. He has 25 years’ experience practising almost exclusively in this area, successfully conducting over 120 trials in the Supreme and Federal Courts of Australia. He uses his skill set to achieve a result for his client with or without recourse to the courts. Dale’s expertise includes property disputes; general commercial disputes with a particular expertise in banking, mining and tax litigation; acting for a wide range of clients including property developers; mining and resources giants; banks; airports; pharmacies; and child care organisations.
David Edwards, Principal Legal Officer, Legal Services Commission
David was admitted in 1987 and has been with the LSC since 2007. He has experience in a wide range of professional investigations and complaints handling. Before joining the Commission, he was a solicitor in private practice, handling principally insurance and personal injury matters. David has been involved in a number of high-profile disciplinary investigations, including trust accounting, fraud and misrepresentation, and matters relating to capacity issues.
Ben Deverson, Director, Lawganised
Ben has been managing and leading professional services firms for over half of his 24-year executive career. From 2016-2019, Ben was the principal of a boutique law firm. Whilst not being a qualified lawyer, Ben is a management specialist. He has gained an intimate knowledge of the challenges that law firms face each day. Ben's strengths include strategic planning, forecasting, cash flow management, process automation, performance metrics, leadership and legal practice risk management. He has passion for helping law firm principals maximise their resources so that they can have a new and positive outlook on their business and their lives.
Paul Favell, Barrister, Inns of Court
Paul Favell was admitted as a barrister in 1980 and was admitted in all states and territories of Australia except Tasmania. He initially practiced as a Crown Prosecutor and in Crime. In 1986 he went to the Private Bar where he specialised in Defamation. Paul has appeared in most Courts and tribunals including the High Court. He was the Queensland Parliamentary Crime and Misconduct Commissioner and the first Crime and Corruption Commissioner. He is now a sessional member of the Crime and Corruption Commission and a sessional member of the QCAT. Paul continues in private practice.
David Topp, Barrister, Bank of New South Wales Chambers
David was admitted as a solicitor in 2002 and as a barrister in February 2006. David has extensive experience in property, commercial, insolvency, debt recovery, estate and family provision litigation and dispute resolution. In addition his specific areas of expertise include applications for security for costs; enforcement of judgments; jurisdictional venue arguments; setting aside default judgments; ending proceedings early, i.e. summary judgments/summary dismissals and dismissals for want of prosecution; and other practice and procedure related applications and advices. David is an accomplished speaker and author of two Security for Costs textbooks and the property law themed Tennyson Breach.
Hayley Mitchell, Partner, Copper Grace Ward
Hayley practices in estate and trust disputes, estate planning, and estate administration. Hayley has experience in providing a broad range of advice involving executor's duties, beneficiaries' rights, problematic and contentious estate administration, and matters involving attorneys, administrators and guardians. Her particular areas of interest are family provision claims, Will disputes and testamentary capacity, contentious applications for probate and letters of administration, and contentious superannuation death benefit applications. Prior to moving to Queensland and joining Cooper Grace Ward in 2015, Hayley practiced in Hobart providing advice in the areas of estate and trust disputes, estate planning, and estate administration.
Dr Mark Sayers, Barrister, Quay 11 Chambers
Dr Mark Sayers has practiced at the private bar since 1998, specialising in Family Law since joining Quay 11 Chambers in 2000. Mark has an academic background and is a published author in jurisprudence with particular focus both on human rights and therapeutic jurisprudence. Mark has served on parole boards and the Mental Health Review Tribunal (Qld) and is a regularly engaged to speak at Family Law professional development conferences.
Marshall Cooke, Barrister, Inns of Court
Marshall was called to the Bar in February, 2007. He practises in all areas of commercial law and is experienced in contractual disputes, insurance, insolvency, building and construction, professional negligence, trade practices and corporate matters. He has appeared in a variety of appeals, trials and interlocutory hearings in the Queensland courts and in the Federal Court of Australia. He also has experience in commercial arbitration proceedings and in appearing at mediations. Prior to being admitted to the Bar, Marshall was a Senior Associate in the commercial Litigation section of a national firm.
Samantha Betzien, Partner, MinterEllison
Samantha advises widely on compliance and risk management strategies, and is skilled at managing coronial inquests, investigations and prosecutions. She often is called on to conduct workplace investigations. Samantha enjoys training clients on employment and safety issues, and helping companies to create effective safety governance processes.
Samantha is also an experienced litigator and advocate in employment and industrial relations disputes. Adept at handling complex and strategic matters, she has advised many of Australia's leading companies in the construction, energy and resources, transport and aviation industries.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00