Construction Law Symposium

With construction industry under scrutiny, ensure you’re up to date. Join industry leaders as you are guided through the Design and Building Practitioners Act and building defect claims. Gain critical knowledge of essential construction contract terms including indemnities, extensions of time and minimising risk in your practice in uncertain times. Gain an understanding of lessons learnt since COVID-19, ethical issues and using experts and the requirement to build to the Contract for Sale. 223N05

Description

Attend and earn 7 CPD units including:
4 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 NSW legislation

Session 1

Critical Construction Law Updates

Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers                             

9.00am to 9.15am Opening Address: Building Commission Update

Presented by Vera Culkoff, Barrister, Second Floor Selborne Chambers

9.15am to 10.00am Design and Building Practitioners Act 2020: Lessons from the Past Year

As we approach the 1-year mark from the DBPA’s commencement on 1 July 2021, it’s an ideal time to examine how these significant reforms have played out in practice and what practitioners need to do going forward.

  • The duty owed by a person who carries out construction work to exercise reasonable care
  • The duty owned to owners of land on which work carried out and each subsequent owner including owners corporations
  • Retrospective operation of Act and limitation issues
  • Duty owed by builders, designers, suppliers, supervisors and anyone having substantive control over the carrying out of work
  • Application of apportionment provisions of Civil Liability Act
  • Interaction with statutory warranty and contract claims
  • How the Act has played out thus far and where to from here?

Presented by Tom Davie, Barrister, Queen’s Square Chambers; author, Annotated Home Building Act, Prospect Media and co-author, Understanding Construction Law, LexisNexis; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2020

10.00 to 10.45am Building Defects Claims: 2022 Update

  • Likely parties/clients
  • Likely Courts/Tribunals
  • Substantive law and procedural law
  • Likely claims:
    • Plaintiff claims against Builders, Developers; Building Professionals
    • Private claims against Strata Plans
    • Defendant Cross-claims against Builders
    • Builder Cross-claims against Owners

Presented by Carlos Mobellan, Barrister, Third Floor St James' Hall Chambers

10.45am to 11.00am Morning Tea

11.00am to 11.45am Essential Terms in Construction Contracts

  • Disclaimers of consequential loss and limit of liability provisions
  • Indemnities
  • Types of insurances
  • Extension of time clauses
  • Liquidated damages and delay costs

Presented by Lou Stojanovski, Director, Keystone Lawyers

11.45am to 12.30pm Prohibition Orders and Developers who are Obliged to Build to a Proper Standard

Examine clauses in a contract for the sale of land by a developer. Such clauses include:

  • Promises to build to a particular standard, e.g. in a proper and workman like fashion; in accordance to plans approved by council
  • Consider the nature of such clauses: Are they essential? Consider what the remedies might be for breach

Presented by Sydney Jacobs, Barrister, Thirteen Wentworth Chambers

12.30pm to 1.15pm Lessons Learnt for Construction Lawyers in the Wake of COVID

  • A recap of the 2020/21experience and significant legal developments
  • The current state of play and post COVID recovery
  • Lessons learned from the pandemic
  • Changes in the built environment

Presented by Keith Redenbach, Principal, Redenbach Legal

Session 2

CPD Compulsory Units for Building & Construction Lawyers

Chair: Frank Hicks SC, Greenway Chambers

Ethics & Professional Responsibility
2.00pm to 3.00pm Ethics in the Practice of Construction Law

Join an experienced panel as they discuss practical examples of ethical situations construction lawyers may face, such as:

  • Communications between lawyers
  • Standards expected of a solicitor during commercial bargaining, negotiations and legal drafting
  • Claims preparation
  • Breaches of client confidentiality

Presented by Sheldon Garcia, Partner, Amani Abou-Jabein, Associate, and Akash Bhattacharjee, Solicitor, HWL Ebsworth

Practice Management & Business Skills
3.00pm to 4.00pm Project Managing Apartment Building Defect Matters

  • Dealing with owners corporation clients
  • Managing the investigations and evidence: key considerations & how to best work with clients
  • Project managing processes and time frames & communicating them to the client
  • Staying on the same page with your client and managing expectations: Suggestions for settlement of the claim
  • Controlling legal costs

Presented by Linda Holland, Partner, Eakin McCaffery Cox

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm The Building Consultant’s Guide to Common Construction Defects and Products: What a Lawyer Needs to Know

  • An Experts explanation of common construction defects
  • Explaining different products, Code marks, and the importance of manufacturers' installation
  • The Expert’s input into the practical side of a defect claim and conclave evidence
  • Briefing and selecting an expert
  • Helping the OC or client understand the defect claim process

Presented by Stan Giaouris, Principal Building Consultant, The Construction Adviser; Lecturer, Faculty of design, Architecture and Building, University of Technology Sydney

Presenters

Vera Culkoff
Vera Culkoff graduated in law from the University of Technology, Sydney in early 1990 with First Class Honours and the University Medal. Her practice is in commercial law and equity, with an emphasis in building and construction disputes. Such proceedings have commonly involved complex contractual disputes, misleading and deceptive allegations and the Building and Construction Industry Security of Payment Act 1999 (NSW). She has experience in class actions, having been involved in commercial class actions against Westpac, ANZ, AMP and GIO. Vera has been involved in litigation on both sides of the fence: having worked at Clayton Utz doing defence work before joining Cashman & Partners and becoming an equity partner (now Maurice Blackburn). She was called to the Bar in 2000.

Tom Davie
Tom is one of Sydney’s most experienced and respected construction law barristers. He is the author of the Annotated Home Building Act and a co-author of Understanding Construction Law. He regards building and construction law as a branch of commercial law. Before coming to the bar in 1998 Tom practiced as a solicitor and partner involved in building and construction, commercial, and planning law at major legal practices across three jurisdictions.

Carlos Mobellan
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999 and the Strata Schemes Management Act 2015. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies.

Lou Stojanovski
Lou spent 10 years at a national firm working on construction and litigation projects. He then moved to a publicly-listed Danish mining services company where he was responsible for acquisitions and negotiating construction contracts across the Pacific before starting Keystone. In addition to leading the team, Lou spends a large portion of his time out and about in the community, meeting clients and presenting at industry events. He sits on the Master Builders Association Hunter Committee, is an adjudicator in NSW and Victoria and is also the NSW Supreme Court Independent Solicitor.

Sydney Jacobs
Sydney Jacobs is a barrister at 13 Wentworth Chambers. He read for his LL.M at Cambridge and has a commercial equity practice encompassing property, partnership, corporate law and building & construction disputes. Sydney has gained expertise in easements involving both Torrens and Old System land, leasing matters, contracts for the sale of land including off-the-plan, notices to perform and to complete, rescission/ termination /specific performance /relief against forfeiture/ claiming the return of deposits, options/rights of first refusal, and strata disputes. A list of his many cases and publications is to be found on his 13 Wentworth Chambers website. 

Keith Redenbach
Keith Redenbach partner of and leading large teams at several Infrastructure, Projects & Government law firms. Considered a leading expert in his field, Keith has advised Australian and international principals, contractors and consultants across a range of projects including resources, mining, infrastructure, services and transport. Keith has over 20 years of experience working in the legal profession, most of which has been dedicated to major infrastructure projects, which invariably involves both commercial law and litigation. Keith has direct experience advising the NSW Government on roads, rail, bus and other significant transport infrastructure projects. Keith also has substantial experience acting for the private sector in these projects, and has worked on dual engagements with other law firms.

Frank Hicks SC
Frank Hicks SC was called to the Bar in 2003 and appointed Senior Counsel in 2017. He is generally briefed in commercial matters, and primarily engaged in technology and construction disputes concerning commercial, industrial and infrastructure projects, and large-scale residential developments. Frank has been briefed to appear in the Federal Court, and in the courts and tribunals of New South Wales, Queensland, Victoria, South Australia and the ACT. In addition, he has appeared in domestic and international arbitrations, and advised and appeared in other forms of alternate dispute resolution, including mediation and expert determination. Since 2014, Doyles Guide has ranked Frank as a leading junior counsel in construction law, in both NSW and Australia.

Sheldon Garcia
Sheldon Garcia is a Partner in HWL Ebsworth’s Building and Construction group in the Sydney office. Sheldon’s focus is on dispute resolution and litigation and has worked with a range of participants in the construction industry including builders, developers, building professionals, expert witnesses, strata schemes and proprietors. Sheldon has been closely involved with the project management and internal legal teams of several major contractors, including being seconded twice to assist in the preparation of significant claims to the principals of the projects. Sheldon has over 15 years of experience regarding residential building, building defects, Home Building Act and home warranty insurance disputes and has acted for owners corporations/strata schemes, builders, developers, architects and subcontractors.

Amani Abou-Jabein
Amani Jabein is an Associate in HWL Ebsworth Lawyers' Construction and Infrastructure group in the Sydney office. Amani primarily works in the dispute resolution and litigation sphere and has worked on a range of matters including for home owners, builders, developers, strata schemes and building professionals. Prior to joining HWL Ebsworth Lawyers, Amani worked at a boutique firm and was involved in a number of legal spheres, including building and construction law, family law, insolvency law and banking and finance law. Outside of work, Amani enjoys watching the NSW Building Commissioner, David Chandler OAM's LinkedIn videos about the pitfalls in the construction industry and what can be done to fix them.

Akash Bhattacharjee
Akash Bhattacharjee is a solicitor in the Sydney Construction and Infrastructure group at HWL Ebsworth. Akash is also an Executive Councillor of NSW Young Lawyers, the largest body of young and newly practising lawyers and law students in Australia. He has previously been Highly Commended for NSW Young Lawyer of the Year by the Honourable Justice Fabian Gleeson SC, Judge of the NSW Court of Appeal. Akash holds a Bachelor of International and Global Studies with first class honours and Bachelor of Laws from the University of Sydney.

Linda Holland
Linda is a Partner at Eakin McCaffery Cox. With more than 20 years of specialised practice, Linda provides expert legal advice on all aspects of the construction industry, including project documentation, construction claims and disputes, defect and property damage claims, and strata issues. Linda is well known for her skills in managing large and complex disputes and she brings a practical and commercial approach to dispute resolution. Linda has also been at the forefront of high profile cladding and defect claims involving large and small residential developments

Stan Giaouris
Stan Giaouris is the Principal Building Consultant at The Construction Adviser (TCA) and has a Bachelor of Building in Construction Management. Stan has 22 years of construction experience. From all aspects including luxury housing, commercial, aged care, defense, education, government and multi dwelling. He lectures at UTS in the Faculty of Design Architecture and Building, as well as being the Vice President of the Local Branch of the Master Builders Association. Stan and his team of experts provide litigation expert witness reports for general building and waterproofing defects, as well as remediation design, onsite Quality Assurance (QA) inspections, project management services and design development.

Venue

Cliftons - Spring Street

Level 3, 10 Spring Street
Sydney 2000
NSW
Australia

Cliftons - Spring Street

 

Parking Information
Parking not included in you registration. Here are some options below.

Secure Park 20 Bond Street - click here for rates
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Directions
Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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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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