10 Points in One Day - Your Last Chance!
Issues covered include: Mental Wellbeing of Employees, Creative Thinking , Costs, Disclosure, Legal Profession Uniform Law, Property Witholding Tax, Retail Leasing, Unfair Contract Terms Under the ACL, Family, Trust and Succession Law.
Description
With a great speaking panel and presentation providing real-world information, this program ticks all your professional obligations as the CPD year draws to a close. Attend the full day or just the sessions relevant to you either in person or live online.
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 conference was recorded in VIC on 29 March 2019
Session 1
CPD Compulsory Units for All Lawyers
Chair: Ric Birkett, Partner, Aitken Partners
Professional Skills
7.30am to 8.30am: Employers Managing their Responsibility for the Mental Wellbeing of Employees: Case Study
- Nbn’s journey managing mental health in the workplace
- What is the cost of mental health to organisations?
- Why do employers have a responsibility to educate and train managers on mental health?
- Understanding signs and symptoms of someone whose work performance is impaired and how to approach an employee
Presented by Renato Marasco, Senior Employee Relations Practitioner
Practice Management & Business Skills
8.30am to 9.30am: Mastering the Art of Creative Thinking for Innovative Business Growth
- How to harness the inner art of creative thinking for disruptive innovative solutions
- How a creative mindset is formed
- How to develop a creative Framework that turns around feeling stuck or bored within yourself, your team or practice
- How to leverage this toolbox of creative based solutions in areas of your practice
Presented by Sally Arnold, Business Coach and author, Creative Encores
Ethics & Professional Responsibility
9.30am to 10.30am: Costs Agreements and Disclosure Obligations under the Legal Profession Uniform Law
- Understanding when and how disclosure needs to be given
- Costs estimates and their implications
- Avoiding pitfalls
- The right to negotiate a costs agreement, what does it mean?
- The role of the Legal Services Commissioner in costs disputes
Presented by Sam Tatarka, Barrister, Foleys List
Session 2
Property, Insolvency and Unfair Contracts Roundup
Chair: Ric Birkett, Partner, Aitken Partners
10.45am to 11.30am: Update on Property Witholding Tax
- Revision and update of foreign withholding tax regime
- GST withholding on new residential property
- Vacant property taxes
- Update on Standard Form Contracts
Presented by Michael Bearman, Barrister, Green’s List
11.30am to 12.15pm: Retail Leasing Update
- The latest developments in the ‘ultimate consumer test’ debate
- What isn't ‘retail’
- Section 94 of the Retail Leases Act, and how it affects your drafting of leases
Presented by Brad Parker, Barrister, Green’s List
12.15pm to 1.00pm: Insolvency and Bankruptcy Fundamentals for the Commercial Lawyer
- Proposed policy and practical changes in bankruptcy
- Interaction between insolvency and debt recovery in bankruptcy and in liquidations and the variable approaches taken by the courts
- The likely effects on debt recovery procedures
Presented by John Dunne, Principal, John Dunne and Associates
1.00pm to 1.45pm: Unfair Contract Terms Under the ACL
- The test for unfairness
- Exempt terms
- Examples of unfair terms
- The extension of unfair contract term provisions to small business contracts
Presented by Hugo de Kock, Barrister, Svenson Barristers
1.45pm to 2.15pm Lunch
Session 3
Family, Trust and Succession Law Roundup
Chair: David Davis, Principal David Davis & Associates
2.15pm to 3.15pm: Is the Family Business Ready for Sale? Correctly Advising Your Client
- What to expect during a typical business sale process
- Are you ready for sale?
- Information that a buyer will need/expect
- What assets are to be included/excluded from the sale?
- What is the minimum value you will accept?
- Understand what you will actually receive in cash post tax
- How to present the business to potential buyers
- Will the family remain involved in the business post sale?
- Are there related party business arrangements (e.g. property rental), and are these at market rate?
- Are there non-business family expenditures in the business?
Presented by Alex Marchant, Director, Deloitte Private Deals, Deloitte Touche Tohmatsu
3.15pm to 4.15pm: When Relationship Breakdown and Business Collide: Advice for the Commercial Lawyer
- Financial agreements (pre-nups)
- Disclosure obligations for parties and those associated with the parties (i.e. accountants) and obligations to comply with subpoenas
- Unravelling financial, corporate and trust structures in divorcing parties from their business
Presented by Douglas Laidlaw, Svenson Barristers
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm: The Latest ATO Rulings and Developments in Trusts and the Impact on Your Clients
Explore the latest developments in trusts and how they’ll impact your practice, including:
- Recent case law and the implications
- ATO rulings, including trust vesting
- Areas that are likely to attract the ATO’s attention
Presented by Angela Lee and Mia Clarebrough, Barristers, Victorian Bar
5.30pm to 6.30pm: Recent Developments in Succession
- Attorney made superannuation binding death benefit nominations for incapacitated principals
- Will making in, or not in, contemplation of marriage
- Grounds to remove executors
- Informal wills: What new frontiers of social and/or electronic media made ‘wills’ are being admitted to probate?
Presented by Carolyn Sparke QC, Svenson Barristers