10 Points in One Day Your Last Chance!
Optimise your last chance to earn CPD this year by hearing from 16 experts who will unpack 10 sessions of critical information and skills that will catapult your knowledge and elevate your practice to new levels. Featuring timely topics hand-picked to cover some of the most crucial areas for all lawyers, you’ll gain all the CPD you need and bolster your practice in one efficient, information-packed day. 223V25
Description
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 program is based on VIC legislation
Session 1
CPD Compulsory Units for All Lawyers
Chair: Ric Birkett, Principal Lawyer, Aitken Partners; Leading Health & Aged Care Lawyer, Doyle’s Guide 2021
Professional Skills
7.30am to 8.30am Employers Managing their Responsibility for the Mental Wellbeing of Employees: Case Study
- 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, Employee Relations Case Specialist – Culture & People VIC/TAS, Woolworths Group
Practice Management & Business Skills
8.30am to 9.30am Workplace Measures for Preventing and Investigating Sexual Harassment
- Victim-centred responses to sexual harassment
- Practical issues in investigating sexual harassment
- Restorative justice approach to historical sexual harassment
- Emerging issues around the 'objective' test in the definition of sexual harassment in State vs Cth legislation
- Obligations for practitioners in managing sexual harassment
Presented by Jodie Fox, Director, Worklogic Consulting
Ethics & Professional Responsibility
9.30am to 10.30am Virtue Ethics for Legal Practitioners
- Beyond rules and codes, why rules have limits
- Headship vs leadership: honour, courage and wisdom
- Practical guide to establishing an honour culture
- Ethical decision making through a virtuous lens; from the mundane to the dilemma
- The flourishing legal community; success, respect and professionalism
Presented by Diana Blackburn B.A. Law (Hons), Dr Cosimo Chiera PhD and Dr Tom Edwards PhD
Session 2
Family, Property and Succession Law Roundup
Chair: Joseph Acutt, Barrister, Greens List
10.45am to 11.30am Issues in Intestacy and Disputed Intestate Estates
- When a will is invalid or there is intestacy
- Statutory formula for distribution to partner(s), children of relationship(s); when estate ends with Crown
- Procedure for applying for letters of administration: tax, costs and nominating guardian complications
- Disputes about ‘next of kin’ and the existence of relationships
Presented by Peter Clarke, Barrister, Meldrum & Hyland List
11.30am to 12.15pm Role of Superannuation in Estate Planning
- Binding Death Benefit Nominations
- Tax considerations
- Assessing whether to bring superannuation into the estate; risk of exposing superannuation to family provision claims vs flexibility to deal with it via a will
Presented by Daniela Pavlovic, Principal Lawyer, Harwood Andrews; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
12.15pm to 1.00pm Family Law Update
- A review of recent, significant cases and trends from the Federal Circuit and Family Court of Australia
- FCFCOA new regime, six months update
Presented by Greg Oliver, Principal Solicitor, KHQ; Accredited Specialist in Family Law; Best Lawyers 2022, Family Law
1.00pm to 1.45pm Property Law Update
- Analysis of the latest developments in property law
- Review of key recent property law cases and what they mean for your practice
Presented by Samantha Taylor, Principal, Russell Kennedy Lawyers; Best Lawyers 2022, Real Property Law
Session 3
Commercial, Contracts and Workplace Update
Chair: Stephen Curtain, Principal Lawyer, Aitken Partners; Best Lawyers 2022, Commercial Law, Labour and Employment Law
2.15pm to 3.15pm Unfair Contract Terms Under the Australian Consumer Law
- Recent significant developments
- The test for unfairness
- Exempt terms
- Examples of unfair terms
Presented by Hugo de Kock, Barrister, Svenson Barristers
3.15pm to 4.15pm 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
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm Employment Law Update
- Mandatory workplace COVID-19 vaccinations: Issues, risks and implementation strategies
- Casual employment: recent cases, legislation and award changes
- Employees v independent contractors, the current state of play
Presented by Sean Selleck, Partner, Baker & McKenzie; Best Lawyers 2022, Employee Benefits Law, Labour and Employment Law
5.30pm to 6.30pm Employment Issues in a Sale of Business: Your Most Valuable ‘Asset’
- Transfer of business through:
- Sale of shares
- Sale of assets
- Due diligence and some employment issues
- The regulatory framework: Fair Work Act 2009 (Part 2-8)
- Can employees be ‘transferred’ to the purchaser as part of the sale?
- Dealing with modern awards and enterprise agreements
- Powers of the Fair Work Commission
- Orders dealing with application of ‘transferable instruments’
- Redundancy
Presented by Bruce Moore, Consultant, Arnold Bloch Leibler
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court
Presenters
Ric Birkett
Ric Birkett is a principal in the Commercial and Property Section of Aitken Partners and has been in practice for over 25 years. His practice covers a broad range of corporate, commercial and property work in the commercial and not for profit sectors, including particular involvement in the aged care and retirement living industry (with recognition in the Health and Aged Care list in Doyle’s Guide). His work includes advising a range of clients in respect of governance, compliance, structuring and a range of commercial and property transactions including mergers and the purchase and sale of businesses and business interests.
Diana Blackburn
Diana’s working life prior to migrating to Australia, included practising law at the English Bar. In Australia, Diana worked as a solicitor and after, worked in the TAFE sector before moving into Higher Education. These two careers have provided a smorgasbord of opportunity to study and teach in a wide range of social sciences, while developing modules in philosophy, ethics, law, behavioural science as well as specialised modules in family violence and mental health, to name a few. During this time Diana was a guest lecturer in business ethics at La Trobe University and presented the ethics module to solicitors for their mandatory professional development in Melbourne in 2019.
Dr Cosimo Chiera PhD
Cosimo holds a PhD in Mathematics from RMIT University, Australia, and continues to provide tutoring services as an Associate of RMIT for both mathematics and engineering courses. He has lectured at multiple higher education institutions across Victoria. In the late 1990s through to the early 2010s, Cos took time out from academia to work in the corporate world. Starting as a project manager in Y2K projects he worked his way up to Chief Operations Officer (COO), specialising in start-up companies and business triage. Nowadays Cos splits his time between consultancy work, academia, lifesaving (during the summer season) and his family. He co-author of The Freedom of Virtue: Navigating excellence in the art of living amongst a world of instant gratification, published by Australian Academic Press.
Dr Tom Edwards PhD
Tom has a PhD in Behavioural Neuroscience from Monash University, where for several years post his doctorate he lectured. Upon realising that learning about the brain says little about our shared humanity, Tom went back to further study, gained a Master degree in counselling and shifted his research interests. He has since divided his time between teaching, seeing clients and research. He is currently an accredited supervisor with the Australian Counselling Association. Tom has published in respected international journals and spoken at multiple national and international conferences. He also teaches professionals how to use virtue-based insights to optimise individual and corporate outcomes. He co-author of The Freedom of Virtue: Navigating excellence in the art of living amongst a world of instant gratification, published by Australian Academic Press.
Jodie Fox
Jodie has extensive experience in employment law and industrial relations, including advising on unfair dismissals, equal opportunity, enterprise agreements, employment policy and litigation. This includes running investigations into employee misconduct; mediation and facilitating discussion around workplace conflict; disciplinary review panels and appeal panels under the provisions of enterprise agreements; industrial relations including drafting enterprise agreements; negotiating with unions and employee representatives and supporting clients through the voting and approval process. Jodie has 10 years’ experience as an employment lawyer at a top- tier law firm. She previously worked at the Department of Employment, Workplace Relations and Small Business (DEWRSB).
Renato Marasco
Renato is a senior Employee Relations and Human Resources professional with extensive experience in multiple industries including manufacturing, hospitality, retail, distribution and telecommunications. He has over 15 years’ experience in employee relations and employment law having worked in both highly unionised and non unionised working environments. His expertise in employee relations includes strategic enterprise bargaining, managing industrial disputes, Award and enterprise agreement interpretation and compliance, investigating employee claims and whistle-blower complaints, defending adverse action, unfair dismissal, discrimination and bullying claims, appearing at the Fair Work Commission and other courts and tribunals, Workplace Health & Safety.
Joseph Acutt
Joseph practices across a broad range of commercial matters, with particular focus on equity, trusts and wills and estates matters. He also accepts briefs in guardianship and administration, employment, insurance, and personal injury matters. Prior to being called to the Bar Joseph was a senior lawyer of the Supreme Court of Victoria’s Trusts, Equity and Probate List. Joseph has extensive in Court experience in a broad range of succession law and trusts proceedings including contested probate/letters of administration applications, limited grant applications, testators’ family maintenance claims, applications for judicial advice, applications for the removal of executors/administrators, applications for statutory wills and constructive/resulting trusts proceedings, and making expedient and successful applications in the Trusts, Equity and Probate list.
Peter Clarke
Peter Clarke practises primarily insolvency and commercial law. He also has an interest in and practices defamation, privacy and competition law. He commenced practice as a barrister in 1998. He practised commercial law as a solicitor in Melbourne and worked in the government solicitor's office in Canberra before returning to Melbourne and commence practice as a barrister. His main areas of practice as a solicitor were commercial and medical negligence litigation and administrative law.
Daniela Pavlovic
Daniela has extensive experience in the area of succession planning. She assists clients in preparing wills and powers of attorney, including complex wills such as testamentary trusts. She is also experienced in all aspects of estate administration. Her key areas of practice include estate planning (preparation of wills including testamentary trust wills), superannuation planning, powers of attorney, special disability trusts, VCAT administration and guardianship applications, probate applications and estate administration, disputed probate applications, disputed estates and survivorship applications.
Greg Oliver
Greg has been practicing law for two decades. He has a background in general practice and in recent times has focused exclusively on family law. He is an Accredited Family Law Specialist.
Greg focuses on setting realistic expectations and guiding clients through the often misunderstood and dynamic landscape of separation. Greg enjoys meeting clients and learning about their lives and their achievements in often adverse circumstances. He believes it is a privilege to assist people to grow as they transition to new phases in their lives.
Greg practices in all aspects of family law from the emerging area of pre-nuptial and continuing relationship agreements to traditional settlement negotiations of all shapes and sizes.
Greg regularly presents at seminars on family law and the myriad areas that intersect with family law such as estate and business succession planning.
Greg is a non-executive director of TRY Australia, a not for profit organisation that delivers a wide range of community services for children and youth and has previous board experience. When not being a lawyer Greg hikes, mountain bikes and turns his phone off.
Samantha Taylor
Samantha has experience in a variety of commercial property transactions including sales and acquisitions and commercial leasing. Samantha advises both landlord and tenant clients in all aspects of leasing transactions, across all Australian jurisdictions. In addition to her leasing work, Samantha advises clients in respect of commercial sales and acquisitions, including preparing and reviewing transaction documents. Samantha has broad commercial knowledge, having lectured in Commercial Law and Corporations Law at Monash Business School and Corporations Law at Melbourne Law School.
Stephen Curtain
Stephen has more than 25 years’ experience in law with a background in commercial litigation and a current focus on workplace and employment law and general commercial law. He acts for employers, employees and contractors as well as labour hire bodies and is involved in the formation, interpretation and enforcement of their contracts. Stephen has broad commercial experience across a range of industries including manufacturing, transport and logistics, distribution, IT and agribusiness and has acted for both Government and private enterprise in both Federal and State Courts.
Hugo de Kock
Hugo is an experienced commercial litigator. He has a broad practice, which includes areas such as contract law, trade practices, banking and finance, trusts, corporations (including breach of director’s duties), bankruptcy and insolvency, tort, property and professional negligence. Hugo regularly presents professional development seminars. Before coming to the Bar he was a solicitor in Melbourne for more than 4 years practising in commercial litigation. Between 2002 and 2005 he was a barrister in Cape Town. He undertook civil as well as criminal litigation.
John Dunne
John Dunne was admitted as a lawyer in Victoria in 1980. He initially worked as a tax and commercial lawyer following articles, gradually moving into litigation from 1980 to 1982 at John Wilder-Darren Moses. In 1983 John commenced practice as an employee then partner with Phillip Biber acting for a large mercantile agency in Victoria & NSW performing all types of civil litigation with an emphasis on insolvency work and with a significant appearance load as Counsel in the Magistrates Court, County Court, Supreme and Federal courts in Bankruptcy & Winding up matters. John has been a sole practitioner since 1986 up until 2006 with emphasis on high volume Debt Recovery and Insolvency almost exclusively for Creditors.
Sean Selleck
Sean has more than 30 years' experience advising small and large corporations, multinational businesses and senior executives in relation to employment and industrial law.
Practice Focus
Sean practices in all areas of employment law and litigation, including the preparation of contracts and policies, advice about entitlements, restructuring advice and representation in disputes (dismissals, discrimination, post-employment restraints and confidentiality).
Sean has special interests in non-standard labour practices (such as labour hire and the use of casual employees and independent contractors) and supply chain transparency, with a particular focus on labour law compliance and modern slavery in local and global supply chains.
Sean also practices in industrial law with a particular emphasis on the development of industrial relations strategies, the making of enterprise agreements (including scope and good faith bargaining disputes and protected action ballot order applications) and representation in disputes.
He appears in all relevant jurisdictions –— the Fair Work Commission, all Victorian and Federal courts, the Victorian Equal Opportunity and Human Rights Commission, the Victorian Civil and Administrative Tribunal and the Australian Human Rights Commission.
Bruce Moore
Bruce has had extensive experience in employment aspects of business transfers and sales. He is a consultant with the Workplace Advisory team at Arnold Bloch Leibler. Bruce is also a consultant with Australian Red Cross. He was a partner of Mallesons Stephen Jaques (now King & Wood Mallesons) for over 20 years, and subsequently Workplace Special Counsel at Maddocks. He was later appointed the General Counsel for the Australian Red Cross Society (from 2009 to 2018). He has been a sessional lecturer in both contract law and employment law post-graduate units in the Faculty of Law at Monash University.
Stephen Curtain
Stephen has more than 25 years’ experience in law with a background in commercial litigation and a current focus on workplace and employment law and general commercial law. He acts for employers, employees and contractors as well as labour hire bodies and is involved in the formation, interpretation and enforcement of their contracts. Stephen has broad commercial experience across a range of industries including manufacturing, transport and logistics, distribution, IT and agribusiness and has acted for both Government and private enterprise in both Federal and State Courts.