Saturday 10 Points in One Day 2023
If you’re busy and find it difficult to take a day out of the working week to complete your CPD without your business being impacted, then this is the program for you. This is your opportunity to gain all your CPD points all in one Saturday. This program is designed to give you the latest up-to-the-minute updates across the main practice areas and all your CPD points, including the compulsory units. Convenience and ease with an information packed day is yours when you attend. WEB233V16Z
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
Wills & Estates and Family Law
Chair: Andrew Panna KC, Foley’s List
7.30am to 8.30am Asset Protection with Trusts: The Current State of Play
- Important takeaways from the High Court decision in Bosanac v FCT
- Understanding the risks & exposures in Family Court proceedings
- Getting the main residence CGT exemption for family homes in a trust
Presented by Clifford Hughes, Principal, Clifford Hughes & Associates; Chartered Tax Advisor, SMSF Specialist Advisor, Accredited Specialist in Tax Law, Business Law and Wills & Estate Law
8.30am to 9.30am Wills and Estates Case Update
- Gift vesting issues
- Getting instructions and drafting accordingly
- Vesting in interest v vesting in possession
- Adjustment clauses, options to purchase and inherit
- Valuation issues
- Tax issues
- Occupation rights
- Life interests v personal rights
- Implications for land tax, stamp duty, CGT
Presented by Greg Russo, Solicitor, Featherby’s Lawyers; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022
9.30am to 10.30am Analysis of Recent Family Law and Property Division Cases
Gain a valuable update of the most recent, significant cases and trends from the Family Court of Australia and Federal Circuit Court on property and financial settlements and relevant legislative amendments.
Presented by Rebecca Dahl, Partner, Nicholes Family Lawyers
10.30am to 10.45am Morning Tea Break
Session 2
CPD Compulsory Units for All Lawyers
Chair: John Sinisgalli, Principal, Sinisgalli Foster
Practice Management & Business Skills
10.45am to 11.45am Protecting Against Burnout and Establishing Sustainable Wellbeing in Law
Law is notorious for being a high-pressure industry that requires lawyers to work on matters which can be distressing, traumatic and morally conflicting. But in a profession where this is an inherent part of people’s roles, and these risks can’t be eliminated, focus then needs to shift to establishing protective factors at both a practice and individual level to prevent burnout, vicarious trauma and moral injury.
Gain answers and practical strategies addressing the following questions:
- What’s the difference between burnout, vicarious trauma and moral injury?
- Why is the legal profession at a high risk for these mental health and wellbeing challenges?
- Protective factors you can implement at a firm level
- Protective factors individual lawyers can implement to sustain their wellbeing in a high performance culture
Presented by Rachel Clements, Co-Founder and Director of the Centre for Corporate Health and Resilia
Ethics & Professional Responsibility
11.45am to 12.45pm Obligation to be Full and Frank in Your Disclosure and Evidence
- Solicitors’ duties to the Client and the Court
- When does the duty arise?
- Important factors to consider when advising your clients of their duty
- Exceptions to the duty of disclosure
- Professional and ethical implications and consequences of a failure to properly advise about duty of disclosure
- Confidentiality
Presented by Murray McInnis, Barrister, Holmes List of Counsel
Professional Skills
12.45pm to 1.45pm Mediation and Negotiation: Strategies to Maximise Positive Results
- Preparation
- At the table
- Negotiation strategies:
- Offers
- Bottom line
- When splitting the difference is the correct/wrong way to go
- Utilising the mediator
Presented by Michael Lombard, Principal, Lombard Mediation
Session 3
Property, Employment, Contracts and other Commercial Areas
Chair: Jeremy Twigg KC, List G Barristers
2.15pm to 3.15pm Property Law Disputes and Property Taxes: Principles and Updates
Canvass both the principles and some updates in case law regarding property law disputes and taxes in the following areas:
- Adverse possession
- Disputes regarding property contracts
- Promises & property disputes estoppel, resulting & constructive trusts, and part performance
- Compulsory land acquisition disputes
- Land valuation disputes
- Property taxes: some common issues
Presented by Philip Bender, Barrister
3.15pm to 4.15pm Case Law Developments in Employment Law and Litigation
- Review and exploration of recent cases of importance in employment law over the last 12 months
- Discussion of the facts of these cases and how they may impact upon your practice and affect the advice you give to your clients
Presented by Sagorika Platel, Barrister, Svenson Barristers
4.15pm to 4.30pm Afternoon Break
4.30pm to 5.30pm Disputes in Shareholder Agreements: How to Best Resolve Them
- Poorly drafted shareholder agreements can cause problems when there is a dispute
- Inappropriate valuations can be costly
- The do’s and dont’s in drafting certain clauses in shareholder agreements
Presented by Fiona Hansen, Senior Managing Director, FTI Consulting
5.30pm to 6.30pm Insolvency Update
- The current state of play
- Changes to the legislative framework
- New and interesting cases
- Latest issues
Presented by David Grant and Ece Mustafa-Ay, Partners, Collins Biggers and Paisley
Presenters
Andrew Panna
Andrew K Panna KC practises primarily in Commercial, Contract, Property, Equity, Trusts, Wills and Estates, Corporations, Retail Tenancies, Admiralty and Maritime Law, Intellectual Property ( Copyright, Trade Marks, Designs, Confidential Information ), Trade Practices, Family Law (property disputes only), Sale and Transportation of Goods by Sea. His briefs to appear are at the County, Supreme Court (including interstate Supreme Courts), Federal Court and Family Law Court.
Clifford Hughes
Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures and also for their clients. He is a Chartered Tax Advisor and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria.
Greg Russo
Greg Russo is a partner at Featherbys Barristers and Solicitors. He is a LIV Wills and Estates Accredited Specialist, a Member of the LIV Specialist Accreditation Education Advisory Committee and the LIV Wills and Estates Advisory Committee. In the last few years he has organised, chaired, moderated and presented at a number of LIV events, mainly in the area of Wills and Estates.
Rebecca Dahl
Bec is a seasoned family law expert and Partner at Nicholes Family Lawyers. Bec assists clients to achieve outcomes that work (practically, emotionally, financially) - across the full breadth of family law services. Bec is dedicated to: Helping the LGBTQI+ community navigate donor agreements, parenting disputes, property agreements and disputes, donor / surrogacy arrangements; Helping women before and after separation/divorce so they can live the best life they can ? and to move onwards and upwards with confidence!; Helping grandparents build and maintain valuable and life changing connections with their grandchildren ? wherever they are; Achieving outcomes that contain costs and risk, reduce anxiety and long-term damage; Representing clients on issues across the lifespan of a relationship: from binding financial agreements (BFAs) (or ??pre nups??) to marriage to separation/divorce and spousal maintenance to child support. Bec approaches all her matters with a human, caring approach and with an understanding that reflects the complexity and anxiety that is often associated with family law issues. Clients rely on Bec for her compassionate yet robust approach in looking after their needs. She is trained as a Collaborative Practitioner and works hard to avoid costly and upsetting litigation unless it is needed.
John Sinisgalli
John is a Principal of Sinisgalli Foster Legal and an Accredited Commercial Litigation Specialist since 1993. John established Sinisgalli Foster in April of 2018 with fellow Principal Alan Foster. John practises in Commercial Litigation, Insurance Litigation, Insolvency, Commercial Transactions, Trust and Estate Litigation. John was Chairperson of the Law Institute of Victoria Specialisation Committee from 2014 to 2017 and has been a Committee member for 11 years. John is a Director of the Marsh Foundation, and a Committee Member of the DOXA Community Club.
Rachel Clements
Rachel is the Director of Psychological Services at the Centre for Corporate Health , which she founded with Tony Bradford, Managing Director, in 1999. As the principal psychologist, Rachel is a sought after conference headliner, requested to speak on all things mental health, resilience and wellbeing. Rachel’s training programs and keynote’s offer a new lens through which employees and executives alike, can shift their attention inward and sharpen their focus on what they can do to create psychologically safe workplaces. On speed dial for many HR professionals, Rachel is a great support for navigating those difficult employee issues where mental illness, family and domestic violence or other factors are contributing to challenging circumstances in the workplace. Recognised for her expertise in the field of workplace mental health, mental toughness and wellbeing, Rachel has held a position as an expert panellist on the R U OK? Day Conversation Think Tank since 2014.
Philip Bender
Dr Philip Bender is a barrister practising in various areas of commercial and property law, including taxation, superannuation and trusts. Philip is also a Nationally Accredited Mediator, a Chartered Accountant and a sessional member of an administrative tribunal. In the trusts area, he has acted in matters that involve will/trust deed interpretation, trustee/executor removal applications, breach of trustee/executor duties cases, taxation/duty disputes, and judicial advice. He has also advised and acted in a number of disputes involving charitable trusts, including for the Victorian Attorney-General.
Rachel Clements
Rachel is the Director of Psychological Services at the Centre for Corporate Health , which she founded with Tony Bradford, Managing Director, in 1999. As the principal psychologist, Rachel is a sought after conference headliner, requested to speak on all things mental health, resilience and wellbeing. Rachel’s training programs and keynote’s offer a new lens through which employees and executives alike, can shift their attention inward and sharpen their focus on what they can do to create psychologically safe workplaces. On speed dial for many HR professionals, Rachel is a great support for navigating those difficult employee issues where mental illness, family and domestic violence or other factors are contributing to challenging circumstances in the workplace.
Murray McInnis
Murray McInnis was admitted in 1979 and employed as a solicitor until he commenced at the Bar. He is currently a Barrister and Nationally Accredited Mediator. He practised in a wide area of commercial, civil, criminal and administrative law for a period of 20 years at the Bar from 1980 to 2000. He was appointed as a Chapter III Justice of the Federal Magistrates Court of Australia (now the Federal Circuit Court of Australia) in June 2000. He resigned his Commission on 28 January 2008 and returned to the Bar on 4 February 2008. During his time as a Commonwealth Justice Mr. McInnis delivered almost 800 judgments (with media neutral citations) mainly in general federal law of which approximately 70 have been reported. The judgments covered a wide area of commercial law, administrative law, human rights and family law. The commercial law cases include a substantial number of insolvency, trade practices and some copyright matters. The administrative law decisions covered appeals from the Administrative Appeals Tribunal together with applications under the Administrative Decisions (Judicial Review) Act and a significant volume of cases requiring judicial review under the Migration Act. Mr. McInnis was a director of White Ribbon Australian from 2012 to 2016 and a Lead Ambassador for White Ribbon from about 2007 to 2016. He was President of the United Nations Association of Australia (Victoria) from 2012 to 2013. He was a Judge of the United Nations of Australia Media Awards from 2002 to 2012 and Chairman of the Judging Panel from 2009 to 2012. From 2011 to 2014 he was an Appeal Board Judge for the Victorian Football Federation and a member of Victorian Bar Ethics Committee from 2012 to 2016. Murray was Patron Africa Cause 2016-2022. He is currently a member of the Victorian Bar Commercial Bar Association -Sports Law Committee. Finally, Mr. McInnis also had 7 readers at the Victorian Bar, acted as a judge for Monash Uni Law Faculty moots from 2013-2016 and is currently a mentor to Melbourne Uni JD students and has been a mentor since 2013.
Michael Lombard
Michael Lombard is a mediator specialising in personal injury claims at Lombard Mediation. Michael was formerly a Partner at Adviceline Injury lawyers when he was awarded Personal Injury Lawyer of the year 2019 by Best Lawyers in Australia. He was previously involved in high profile cases such as the Bourke street rampage and the Flinders street tram stop attack, as well as a variety of public liability and industrial accident cases. He attained accreditation in Mediation in 2013 and now practices exclusively as a mediator. Michael has also served as a director of the Law Institute and is a current member of the Law Institute ethics committee. He was a Trustee of Lawaid for 10 years, four of which he acted as chairman.
Sagorika Platel
Sagorika specialises in employment law and industrial relations, having practised almost exclusively in this area since admission. She has a special interest in complex employment disputes such as misleading and deceptive conduct, and disputes involving the interface between the Fair Work Act 2009 and other statutes, for example, the Workplace Injury Rehabilitation and Compensation Act 2013. Sagorika welcomes employment law advice and appearance briefs in Victoria and interstate. She also accepts consumer law, occupational health and safety, and corporations act briefs.
Fiona Hansen
Fiona is a Senior Managing Director and leads FTI Consulting’s Valuation Advisory practice in Australia. She has over 28 years' experience in corporate finance and business valuations having held senior roles in the Big 4 accounting firms working in Australia, Europe and South Africa. Fiona specialises in valuations of businesses, intangible assets, equity and debt instruments, executive options, impairment testing and independent experts reports. She has prepared numerous valuation reports for a range of purposes, including mergers and acquisitions, accounting, taxation, stamp duty, Corporations Act and ASX requirements. Fiona’s valuation reports comply with the relevant standards or professional requirements. They are succinct, easy to read and give clients confidence in the final outcome. Fiona has also undertaken numerous corporate finance assignments involving mergers and acquisitions, divestments and financial due diligence. Fiona is a regular presenter for Legalwise and contributor of articles for the Business Valuation Australia, Australia’s leading industry journal for valuation practitioners and presenter at conferences on the topic of business valuations.
David Grant
David Grant is head of the commercial litigation department at Logie-Smith Lanyon Lawyers. David is a commercial litigator of over 25 years' experience. He has spent much of this time advising and representing insolvency practitioners and other stakeholders including directors and creditors, in many high profile insolvency administrations. He was recently involved in representing a creditor in the matter of Re Mossgreen Pty Ltd (In liquidation), in a proceeding that was ultimately heard by the Full Federal Court. His extensive experience affords him a unique insight into matters involving creditors rights in insolvency administrations, and the impact the new regime is and will have on insolvency administrations moving forward.
Ece Mustafa-Ay
Ece is a partner in the national restructuring & insolvency team and is located in our Melbourne office. Ece has considerable experience in personal and corporate insolvency advice and litigation, including bankruptcy and winding up proceedings, voluntary administrations, company liquidations and receiverships - acting for both company directors and insolvency practitioners. She has conducted complex commercial litigation in a variety of jurisdictions, including both State and Federal Courts, and ranging from urgent interlocutory applications to trials, right through to appeals. Ece's matters are wide ranging and diverse and include recovery of large international debts, commercial contractual disputes, shareholder and corporation?s disputes, trade practices claims, freezing orders/Anton Piller orders and litigation proceedings relating to property and construction, mortgage recovery including both possession and enforcement proceedings. She has also conducted insurance litigation relating to property damage and consequential economic loss with respect to heavy vehicles and fatalities. In particular, I this includes acting in a number of matters in the Federal Court of Australia for clients under s.51 of the Insurance Contracts Act 1984 (Cth). Ece was admitted to practice in 2000 and joined Colin Biggers & Paisley in 2021 as part of the Logie-Smith Lanyon merger team. She strengthens our Restructuring & Insolvency practice by adding significant expertise on the ground in Melbourne.