In-House Counsel Conference 2021

213Q06: Examine the many new risks facing in-house counsel and arm yourself with timely updates & strategies. Catch up on new health & safety risks & obligations. Examine significant defamation reforms. Examine the legal minefield of fiduciary and best interest duties. Enhance your skills & strategies related to technology, smart contracts & biometrics. Gain your core CPD points while examining ethics and harassment, bullying & wellbeing, collaborative contracts, and data issues.

Description

Attend and earn 7 CPD units including:
4 CPD units in Legal Knowledge
1 CPD unit in Practical Legal Ethics
1 CPD unit in Practice Management & Business Skills
1 CPD unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1

The 5 Key Legal Issues for In-House Counsel in 2021

Chair: Daniel Gosewisch, EGM Legal and Regulatory Services, Racing Queensland

9.00am to 9.55am Work Health and Safety Update for In-house Counsel

  • Industrial manslaughter: practical takeaways from the first cases
  • What’s on the Regulator’s radar and how is the Regulator behaving these days?
  • Interesting recent decisions in-house counsel need to know

Presented by Deanna McMaster, Partner, MinterEllison; Leading Workplace Health & Safety Lawyer, Doyle’s Guide 2020

9.55am to 10.50am Defamation Law Reforms: Australia to Grow a ‘Thicker Skin’ for the Digital Age

  • Key changes to the law that in-house counsel need to know about
  • Changes to the process for concerns notices and offers to make amends
  • What is ‘serious harm’?
  • ‘Fixes’ to the current law in relation to contextual truth and damages
  • The latest cases and trends to have on your radar

Presented by Edmund Burke, Partner, Holding Redlich

10.50am to 11.05am Morning Tea

11.05am to 11.55am Directors and Officers Fiduciary and Best Interest Duties: Navigating a Legal Minefield

  • The evolution and meaning of ‘Best Interest’ duties: multiple statutory interpretations in Australian law
  • The evolution and meaning of fiduciary duty: Is it now relegated to ‘legal polyfilla’?
  • Are best interest duties fiduciary duties?
  • The impact of international law on the fiduciary duties of Australian directors
  • The evolving nature of corporate governance and the ramifications for in-house counsel

Presented by Dr David Millhouse, Senior Research Fellow, Faculty of Law, Bond University

11.55am to 1.15pm

TECHNOLOGY UPDATE: LEGAL & PRACTICAL RISKS FOR IN-HOUSE COUNSEL

Blockchain, Smart Contracts, & What In-House Counsel Need to Know Right Now

  • Legal issues arising from the use of new technology in transactions and contracts
  • Analysis of how technology interacts with key legal obligations
  • An overview of smart contracts and blockchain and an update on these tools in the marketplace
  • A review of other emerging issues in this space


Biometric Technology in the Workplace: New Cases & Privacy Issues Regarding Fingerprints, Eye Scanners and Face & Voice Authentication 

  • The evolving use of technology in the workplace
  • What is reasonable and lawful?
  • The Fair Work Commission decision in Jeremy Lee v Superior Wood Pty Ltd [2019] and other recent cases
  • Essential guidelines for employers implementing biometric technology

Presented by Dr Adrian McCullagh, ODMOB Lawyers

Session 2

CPD Mandatory Core Areas for In-House Counsel

Chair: Kirsten Kiel-Chisholm, Director – Legal Services, Translational Research Institute

Practical Legal Ethics
2.00pm to 3.00pm Your Obligations as In-House Counsel: Wellbeing, Harassment & Bullying

  • How do you navigate through these situations as they arise, taking into consideration key ethical issues?
  • Working through the division of playing the role of 'investigator' making factual findings and playing the part of a legal adviser with legal professional privilege considerations
  • Practical tips to identify and manage issues or complaints
  • What obligations do you owe to your company and your employees regarding wellbeing?
  • Navigating the rise of sexual harassment claims in the current climate
  • Tips for handling bullying claims and your duties to make the office safe

Presented by Stephen Hughes, Principal Lawyer, Franklin Athanasellis Cullen Lawyers

Professional Skills
3.00pm to 4.00pm Building Collaboration into Contracts

  • Explore how collaboration can be built into contracts
  • Identify common barriers in contracts that impact parties collaborating and problem solving
  • Understanding why this approach achieves your business goals and is in your best interest

Presented by Kiri Parr, Director, Kiri Parr Pty Ltd; Leading Construction and Infrastructure Consultant

4.00pm to 4.15pm Afternoon Tea

Practice Management & Business Skills
4.15pm to 5.15pm Dealing with Data: In-house Counsel's Guide to Data Transactions   

  • Managing privacy and security risks
  • IP rights in data
  • Contracting for data: buying, selling, using, sharing
  • Regulatory developments including the new Consumer Data Right Compliance and Enforcement Policy, and the new Data Availability and Transparency Bill

Presented by Patrick Sefton, Principal, Brightline Lawyers

 

Venue

Hilton Brisbane

190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia

Map of Hilton Brisbane

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

Presenters

Daniel Gosewisch, EGM Legal and Regulatory Services, Racing Queensland
Daniel Gosewisch, General Counsel & Company Secretary, Minor DKL Food Group, Daniel has spent nearly 20 years in in-house legal practice in Australia and the Asia-Pacific region, and has worked across retail, government, oil and gas, banking and general corporate sectors. He holds degrees in Law and Environmental Science from Griffith University, a Master of Laws from Queensland University of Technology, and is also an experienced Company Secretary with formal corporate governance qualifications.  Since 2015 he has been General Counsel of Minor DKL Food Group, the parent company for brands including The Coffee Club, Coffee Hit, Veneziano Coffee Roasters and Black Bag Roasters.

Deanna McMaster, Partner, MinterEllison
Deanna McMaster is a Special Counsel in Minter Ellison's Human Resources and Industrial relations division with a particular expertise in health and safety, industrial relations, corporate transactions and general employment.  Deanna has worked with a number of clients in what can be the stressful aftermath of a crisis to ensure that the interests of both the company and individuals are protected.

Edmund Burke, Partner, Holding Redlich
Edmund Burke is a partner in the firm’s Workplace Relations & Safety group. Edmund holds a UK Bachelor of Laws degree from Queens University Belfast and was admitted to as a legal practitioner in Australia in January 2013. Edmund specialises in providing advice in relation to employee management and entitlements with expertise covering industrial relations, employee entitlements and award coverage, with particular specialty in the areas of workers’ health and safety legislation, professional regulation and disciplinary structures, discrimination, managing discipline and dismissal and assessing workplace health and safety compliance. Edmund also specialises in conducting workplace investigations and has experience in criminal defence and defamation matters.

Dr David Millhouse, Senior Research Fellow, Faculty of Law, Bond University
David Millhouse has been a serial entrepreneur in international private equity, venture capital and funds management sectors in Chief Executive and board roles since 1983. David has been awarded a Ph.D in Law from Bond University entitled “Systemic and Cyclical Failure in the Australian Financial Products and Financial Services Sectors: Have weaknesses in corporate law contributed to these failures?” His PhD has been publicly recognised by the Australian Financial Review (AFR Chanticleer 16th January 2019), television (7th March 2019, ch 601), with three scholarly articles published in the Law and Financial Markets Review. His book “Corporate Governance in Non-Bank Financial Entities” is published by LexisNexisButterworths (October 2019). He is a regular speaker at conferences.

Dr Adrian McCullagh, ODMOB Lawyers
Adrian McCullagh has degrees in Computer Science and Law as well as a Ph.D. in IT Security.  He obtained his Ph.D. from the Information Security Research Centre at the Queensland University of Technology.  He has been practicing in IT law for more than 30 years being one of the pioneer IT lawyers within Australia.  He is a member of the Queensland Law Society and a member of the American Bar Association and participate in the Information Security Forum.  In 1999 he was the QUT Faculty of Information Technology Alumnus of the year. 

Kirsten Kiel-Chisholm, Director – Legal Services, Translational Research Institute
Kirsten Kiel-Chisholm has extensive experience as both a General Counsel and Company Secretary.  Kirsten is currently Director, Legal Services for the Translational Research Institute. In this role Kirsten is responsible for managing the Institute's legal requirements and providing legal advice to the Board and management across a range of areas including intellectual property, commercialisation, employment law, commercial contract, construction, property and acquisitions.  She also oversees human resources and internal audit for the Institute. Kirsten previously worked as a corporate lawyer in private practice in both Australia and the United States and has co-authored three publications on compliance with ASX and APRA corporate governance requirements.

Stephen Hughes, Principal Lawyer, Franklin Athanasellis Cullen Lawyers
Stephen Hughes is a workplace relations lawyer with over 20 years' experience acting for a wide variety of organisations in the public, private and not-for-profit sectors across Australia as well as internationally. Providing high level strategic and operational advice to clients, Stephen's practice has a substantial litigation focus advising on industrial relations issues, dispute resolution in the courts and Fair Work Commission, work health and safety legislation, workers' compensation insurance exposures, discrimination and bullying/harassment, Directors and Officers and Employment Practices Liability insurance, post-employment restraints and confidentiality issues. Stephen is regularly invited to speak and chair at numerous specialist conferences on work health and safety, employment law, discrimination, bullying, harassment, social media and employment law.

Kiri Parr, Director, Kiri Parr Pty Ltd
Kiri Parr is passionate about improving outcomes in the construction industry and has established her own consultancy practice to work with clients, industry and its participants to do just that. Kiri is a Senior Fellow at the University of Melbourne law school lecturing in the master’s course ?Major Projects ? the Legal Interfaces? and is actively involved in the Queensland Law Society Ethics Committee and the FIDIC Contracts Committee.  Prior to establishing her own company, Kiri spent more than 20 years? as a construction lawyer, initially in private practice and followed by 15 years as the Regional General Counsel for Arup, a large international professional consulting company. 

Patrick Sefton, Principal, Brightline Lawyers
Patrick Sefton is the principal of Brightline Lawyers: a specialist law firm which advises government and the private sector in the areas of technology and IP.  Before founding Brightline, Patrick was a partner in the TMT group at a national firm. Prior to his legal career, Patrick developed expert systems software for a Canberra-based startup later acquired by Oracle.  Patrick received his law degree (first class honours) at ANU where his thesis was on liability associated with AIs.

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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