Religious Based Institutions: The Legal Issues

This is your chance to hear the latest changes and reforms in law, academia, and religion. 2022 has seen significant developments, including the introduction of the Religious Exceptions Bill, changes to charity land tax exemptions, and developments in professional standards and professional discipline. Combining thought leadership and practical guidance, walk away with a robust understanding of how to best support your religious-based institution in a changing world. 2211N14

Description

Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Practice Management & Business Skills

This program is applicable to practitioners from all States & Territories

Session 1

Managing Law, Religion and Governance

Chair: Anne Robinson, Partner, Prolegis Lawyers

9.00am to 9.05am Opening Comments by the Chair

9.05am to 10.05am 2022 Religious Exceptions Bill Victoria: A Risk to Faith-Based Organisations Nationally?

The Victorian Government recently made changes to the Equal Opportunity Act (2010). These controversial amendments, that came into effect on 14 June 2022, make it difficult for religious bodies and schools to discriminate, unless specific ground of exception are met. This session will explore the implications of these changes and the ramifications for the other states and territories.
Presented by Jennifer Parkes, Partner, Hicksons Lawyers

10.00am to 11.05am Developments in Professional Standards and Professional Discipline: A Look at the Anglican Church of Australia

  • General pattern of professional standards and professional discipline around Australia in the Anglican Church of Australia
  • Changes and developments in the last five years
  • Issues and challenges
  • Looking forward

Presented by Mandy Tibbey, Barrister, 8 Wentworth Chambers

11.05am to 11.20am Morning Tea

Practice Management & Business Skills
11.20am to 12.20pm All on Board: Characteristics of Well Performing Boards in Religious Institutions

Two main trends within religious organisations involve a greater use of incorporated entities. Many of the traditional religious orders in the Catholic Church are divesting their works to other juridical bodies and incorporated boards. Newer religious organisations establish themselves as incorporated associations or companies. This raises challenging issues of how to select and train the leadership of these bodies. As well there is the challenge of how to maintain their religious identity and ethos.

Through this presentation you will identify and explore the characteristics of well-performing boards in Religious Institutions.
Presented by Fr Brian Lucas, National – Director, Australia, Catholic Mission

12.20pm to 1.10pm Exposing Recent Judgements in the Historical Abuse Space

The historical abuse space has been the subject of number of decisions in the recent past which has seen a significant shift in the way these claims are litigated and defended. 

Explore several recent decisions in this space with a particular focus on:

  • Damages awards
  • Permanent stay applications

With increasing damages awards, the risks for religious institutions has never been higher.  Despite this, Courts are increasingly aware of the difficulties institutions face in defending these claims many decades after the events in question and appear to be willing to grant a permanent stay of proceedings in appropriate cases.
Presented by Robert Algie, Partner, Carroll & O'Dea Lawyers

1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair

Session 2

Navigating Property, Assets and Employment

Chair: Fr Brian Lucas, National - Director, Australia, Catholic Mission

PROPERTY AND ASSET MANAGEMENT

2.00pm to 2.45pm Recent Changes to Charity Land Tax Exemptions: The Implications for Religious Institutions

The opportunities and limitations presented by charitable land tax exemptions and concessions across Australia are back in focus, following a broad statutory interpretation of Victoria’s charitable land tax exemptions by the Supreme Court of Victoria in the case of University of Melbourne v Commissioner of State Revenue (Vic) [2021] VSC 156,and the swift actions of the Victorian Government to pass legislation negating the case’s outcomes (and limit to a greater extent the availability of the exemption for vacant land).

Receive a practical guide on the current and future management of land tax exposure by landholding Religious institutions, including:

  • An overview of each State and Territory’s charitable exemption and concessions
  • Consideration of the distinction between “use” and “occupation” of land by a religious institution
  • Exploring the limitations that apply in some States (and recently introduced in Victoria) for vacant landholdings held by a Religious Institution
  • Outlining the importance of annual valuation management by Religious Institutions of their landholdings

Presented by Craig Gibson, Partner, Mills Oakley; Deputy Chair; Victorian State Taxes Committee of the Tax Institute; Member, Charity Law Association of Australian and New Zealand

Practice Management & Business Skills
2.45pm to 3.30pm Structuring the Relationship Between Religious Entities and their Schools

Recent years saw governments at all levels refocus priorities towards ensuring businesses and institutions (including schools) navigated the quickly evolving realities of a global pandemic.  This saw significant (and at times rapid and loose) funding injections, and the pausing of regulatory compliance actions.  Regulators are now returning their focus to compliance, with a particular emphasis on schools and their relationships with related bodies.

Explore the ‘not-for-profit’ conditions that apply to non-Government schools under their school registration, charity registration and Government funding arrangements, and the need for such to be carefully considered in:

  • The nature of governance and control structures put in place between schools and their affiliated religious bodies
  • The holding structure of school land and other assets acquired using school funds
  • Other arrangements that see any payment or other valuable non-monetary benefit flow from a school to an affiliated religious body

Presented by Vera Visevic, Partner, Mills Oakley

3.30pm to 3.45pm Afternoon Tea

CRITICAL EMPLOYMENT ISSUES AFFECTING RELIGIOUS INSTITUTIONS

3.45pm to 4.30pm Religious Institutions as Employers: Navigating the Changing Employment Landscape

  • The nature of employment by religious institutions
  • Discrimination law: duties and protections
  • Some relevant current employment law issues

Presented by Michael Byrnes, Partner, Swaab

Practice Management & Business Skills
4.30pm to 5.15pm Optimising Your Volunteer Workforce

  • Faith-based organisations and volunteers: vision and strategy
  • Online volunteering possibilities for faith-based organisations
  • What do we know about online volunteers? Examine the attractors, barriers, best practices and the pitfalls to watch out for

Presented by Dr Irit Alony, Lecturer, University of Wollongong

Presenters

Anne Robinson
Anne Robinson is the founder and a Partner of Prolegis Lawyers. Anne's areas of advice include corporate law, governance, charitable trust structuring and tax issues. Anne has advised charities, not-for-profits and philanthropists on corporate law, governance, charitable trust structuring and tax issues across the whole range of Australia's charitable institutions. She is a Fellow of the Australian Institute of Company Directors and also has had 40 years' experience in governance of not-for-profit organisations, including as director and board chair of several significant and well-known charities, including Australia’s largest international aid and development organisation. Anne was Deputy Chair of the Not-for-Profit Sector Reform Council and a member of the NFP Tax Concession Working Group between 2008 and 2013, and the Australian Taxation Office Not-for-Profit Stewardship Group from 2016 - 2022 . Anne is a member of the Australian Charities and Not-for-profits Commission Professional Users Group and founder and Chair of the Charity Law Association of Australia and New Zealand 2009 - 2021. Anne’s expertise is sought by organisations across the country and is a highly regarded speaker and presenter. Anne holds a Bachelor of Arts and Bachelor of Laws (Hons) from Macquarie University.

Jennifer Parkes
Jennifer is a litigation lawyer, with over 10 years’ experience, who specialises in workers compensation, education and discrimination matters. She has an extensive experience in preventing and resolving legal issues with a core focus on discrimination in the tertiary education sector. Discrimination complaints are delicate matters which can lead to protracted and often complicated cases and Jennifer’s experience and thorough approach allows her to address matters in the most effective way and provide practical settlement advice to her clients. In most cases, Jennifer is able to negotiate an alternative resolution to the dispute, avoiding the need for litigation and preserving her clients’ reputation while minimising their risk exposure.

Mandy Tibbey
Mandy Tibbey, of 8th floor, Wentworth Chambers, was a solicitor from July 1987 and was called to the Bar in February 2004. She has an equity/commercial practice including Wills, probate, family provision, trusts and other equity litigation, has extensive civil litigation experience and is a contributing author to Thomsons Civil Practice and Procedure. She is also a Senior Legal Member of NCAT and decides matters involving guardianship, financial management, powers of attorney, discrimination and commercial and consumer matters. She serves as the Chancellor of Riverina Diocese of the Anglican Church of Australia and as a member of the Executive of the NSW Ecumenical Council. Her degrees, B. Juris, LLB and LLM are from UNSW.

Fr Brian Lucas
Fr Brian Lucas is the National Director of Catholic Mission and was previously the General Secretary of the Australian Catholic Bishops Conference. He has served on several church boards including 12 years as a Director of Catholic Church Insurance Limited. He has post-graduate qualifications in law, theology and general studies and is a co-author of the Church Administration Handbook and author of Collaborators in Ministry: A Guide for Lay People and Clergy. He is a graduate member of the Australian Institute of Company Directors. 

Robert Algie
As partner in the Compensation Law Team at Carroll & O’Dea Lawyers, Robert has a significant interest in medico-legal law. Based in the Firm’s highly successful Western Sydney headquarters in Campbelltown, Robert has worked on a large number of the most complex and difficult negligence cases in NSW. His degree in Applied Science in Nuclear Medicine, positions him well to conduct complex medical law litigation for plaintiffs, ensuring the legal and medical complexities are fully explained and understood by the client. The case, Wilson v SRA, in which the client suffered a serious psychological injury working for the State Rail Authority is a highlight of his career and a landmark case, in which a full bench of the NSW Court of Appeal overturned a previous decision of that same Court.

Craig Gibson
Craig is a Partner in the taxation team at Mills Oakley, with a wide breadth of expertise in the areas of taxation, corporate governance, structuring and regulatory compliance.  Craig’s practice has a particular focus on the property development and not-for-profit industries, which sees Craig act for international and domestic listed and unlisted developers and property managers, schools, religious organisations and other not-for-profits. Craig is Deputy Chair of the Taxation Institute’s Victorian State Taxes Committee, which seems him regularly engage with the Victorian Government on the design and implementation of State tax changes.

Vera Visevic
Vera Visevic heads up the Sydney Not-for-Profit team at Mills Oakley. Acting for numerous charities, religious and not-for-profit organisations, Vera has over 25 years' experience in the profession. In the not-for-profit sector, Vera focuses on constitutional reviews, mergers, governance and fundraising issues and regularly advises on ACNC and ATO endorsements. Vera edits the Clubs & Societies title in the Australia Encyclopedia of Forms and Precedents, and is an author in "Charity Law", European Lawyer Reference (2012, 2016 and 2018). Further, Vera reviewed the Community Care and Service regulatory compliance module for LexisNexis, covering such topics as the National Disabilities Insurance Scheme, and community housing. Vera sits on a number of Not-For-Profit boards and committees.

Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".

Dr. Irit Alony
Dr. Irit Alony is a lecturer at the University of Wollongong Australia. Irit's research focus is on occupations online: learning, teaching, working, and volunteering. She builds on her research on relationships in the context of workplaces, including interpersonal relationships, civility, engagement, retention, and stakeholder relationships. Irit has experience in using various methodologies, including mixed-methods, qualitative research, and grounded theory. Irit is interested in research which involves aspects of relationships, and contributes to the transformation of humanity in accordance with the UN's Sustainable Development Goals.

Venue

Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia

Parking not included with registration. Possible options:

Met Centre, Jamison St - Rates Click here

Amora Hotel - Rates Click here

Secure Park 20 Bond St - Rates Click here

 
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)

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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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