Advanced Evidence and Advocacy Symposium

Effective evidence provides the foundation to a solid case. Skilled advocacy provides the tools to build that foundation into a winning case. Without both, everything will crumble. Master how to develop a solid case theory, leverage your persuasive expert and other evidence, and avoid inadvertent waiver of privilege. Then gain valuable insights on advocacy from some of Brisbane’s foremost advocates so you’ll have the tools for success in any matter. 233Q07

Description

Attend and earn 7 CPD units including:
5 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1

Evidence Masterclass

Chair: Dr Stephen Lee, Barrister, Brisbane Chambers

9.00am to 10.00am PANEL DISCUSSION: Developing a Case Theory: The Good, Bad and Ugly

In this session you will consider in detail, with examples and valuable insights, how you develop a case theory in a Court or Tribunal matter, why you should and the matters to consider in developing your theory, for example e.g., evidence, the judge hearing the case, the case of the other side.

Panelists:
Nola Pearce, Barrister, Quay 11 Chambers
Sean Reidy, Barrister, Chambers@32; Recommended Employment & WHS Barrister, Doyle’s Guide 2022
Anand Shah, Barrister, Brisbane Chambers

10.00am to 11.00am Assessing the Admissibility of Evidence and Expert Evidence

  • Relevance, admissibility, and weight
    • What can I say: How can I say it?
    • Got something to get into evidence but not that straight forward
  • Key principles and hurdles to admissibility of evidence and expert evidence
  • Dealing with challenges from opposing counsel and queries from the Bench

Presented by Kelly McIntyre, Barrister, 18 Inns Barrister Chambers

11.00am to11.15am Morning Tea

Professional Skills
11.15am to 12.15pm Concurrent Expert Evidence: Processes, Pitfalls and Strategies

  • Strategic considerations regarding the concurrent evidence model
    • When might it work and when it might not
    • How to prepare your witness
    • How to structure the evidence and practical strategies
  • The hearing: process, roles, pitfalls, and examination strategy

Presented by Sally Armitage, Barrister, Cedric Hampson Chambers

Practical Legal Ethics
12.15pm to 1.15pm Implied Waiver of Privilege and Inadvertent Disclosure: A Refresher for the Senior Practitioner

  • Overview of the basics: the privilege and how to lose it
  • Express vs implied waiver
  • Team effort: watching the conduct of clients and lawyers
  • New challenges posed by the electronic environment (including inadvertent disclosure)
  • Recent cases from the state and federal courts

Presented by Nola Pearce, Barrister, Quay 11 Chambers

Session 2

Key Advocacy Insights

Chair: Amelia Wheatley KC, Deane Chambers

2.00pm to 3.00pm Examination in Chief: Strategic Approach

  • Considering your case theory and the critical narrative
  • Advancing the quality of your witnesses’ evidence
  • Dealing with unfavourable and hostile witnesses
  • Tips and traps for effective examination-in-chief
  • Examples of taking evidence and how to structure questions

Presented by Sean Reidy, Barrister, Chambers at 32; Recommended Employment & WHS Barrister, Doyle’s Guide 2022

3.00pm to 4.00pm The Art of Advocacy in Mediation

  • Objectives: What are you trying to achieve in the mediation?
  • Preparation: pre-negotiation strategies, influencing perceptions of strength and use of documents
  • Presenting the argument: use of agendas and silence, uncovering assumptions and maximising interests
  • Effective bargaining: inventing options, expanding issues, trading concessions, breaking impasses
  • Closing the deal: effective techniques for achieving closure

Presented by Jenny Rimmer, Jenny Rimmer Mediations; Nationally Accredited Mediator; Preeminent Family Law Mediator Doyle’s Guide 2022

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Persuasive Written Advocacy

  • Recognizing opportunities for written advocacy
  • How to make your written submissions more persuasive
  • The importance of a great synopsis
  • How written submissions for applications, trials and appeals should vary
  • Relationship between the written submissions and oral argument

Presented by Anand Shah, Barrister, Brisbane Chambers

Presenters

Dr Stephen Lee
Stephen Lee commenced practice at the Queensland Bar in 1995. Before he came to the Bar, Stephen served as Associate to a Justice of the Supreme Court of Queensland, and worked for Morris Fletcher & Cross in Brisbane, and Freehill Hollingdale & Page in Sydney. He also pursued postgraduate studies in law at Oxford where he graduated a Bachelor of Civil Laws, and Columbia Law School (New York) where he graduated a Doctor of Juridical Science. As a Barrister, Stephen has a wealth of experience, with over two decades in practice. He has appeared in a wide range of courts and tribunals including 17 matters in the High Court of Australia. Stephen has experience in many areas of the law, and his practice focuses primarily on commercial litigation, equity and public law. He is also accredited as a Mediator and Arbitrator. For more information about Stephen and some of the cases he has appeared in, go to https://brisbanechambers.com/

Nola Pearce
Nola Pearce is a commercial barrister at the private Bar. She was called to the Bar in 2018, having been a solicitor at top- and mid-tier firms for many years previously. Nola’s particular specialties include professional negligence and regulation, and also commercial and contract disputes. She excels in handling highly sensitive claims involving professionals, regulatory bodies and insurers. She brings her wealth of experience and civil procedure expertise to commercial disputes, civil litigation and appellate work, ensuring each matter is conducted efficiently but with clear strategy and attention to detail. Nola has been recognized by Best Lawyers Australia for professional malpractice litigation, awarded the Queensland Law Society’s inaugural President’s Medal for Outstanding Contribution Award, and named a finalist in the Women Lawyer’s Association of Queensland Woman Lawyer of the Year Awards.

Sean Reidy
Sean Reidy is a barrister and mediator. He practiced as a solicitor before being called to the Bar. Sean was chair or a member of a number of QLS committees. He has appeared in all Federal and Queensland Courts and a range of tribunals (most frequently the Fair Work Commission, the Queensland Industrial Relations Commission and QCAT). He is recognised by Doyle’s Guide 2022 as a Recommended Employment and WHS barrister. He appears for clients in employment and employment contract, industrial law, human rights and discrimination, restraint of trade and professional regulation cases. He appears in work health and safety prosecutions. His broader practice covers appearing for and advising clients on contract law, native title related matters, administrative law, statutory interpretation, and defamation. He conducts mediations in all types of cases except family law. Chambers@32 is set up as a mediation centre and is close to the city centre with ample onsite parking. Sean is a long-term Committee member of the Australian Institute of Employment Rights and author of a chapter on the right to effective dispute resolution in The Australian Charter of Employment Rights. Sean is a regular presenter at CPD events including internal law firm sessions.

Anand Shah
Anand Shah joined the Queensland Bar 20 years ago after practising as a solicitor for eleven years. Anand’s practice areas include commercial litigation, administrative law, wills & estates, defamation, and human rights. Anand has appeared as counsel in the High Court, the Queensland Court of Appeal, the Federal Court and as trial counsel in all State Courts, the Federal Circuit and Family Court of Australia and many Tribunals. Anand has acted as a mediator in a variety of disputes including wills & estates, contract, professional negligence, insolvency and personal injuries. Anand has been elected by the Queensland Bar, on many occasions, to serve on its Bar Council (the Bar's peak executive body). Anand is the Immediate Past President of the Asian Australian Lawyers Association (AALA) (Qld Branch). AALA promotes and encourages cultural diversity within the legal profession. Anand is the past chair of QUT’s Learning Potential Fund. That fund supports socio-economically disadvantaged students across all QUT faculties.
Anand sits on the Qld Chapter Committee of the Australian Institute of Administrative Law.
Anand tries to enjoy many things outside of the law: road trips with his wife, music, art, reading (particularly fiction and cookbooks), picnicking, catching up with friends,  watching classic cinema and just chilling.

Kelly McIntyre
Kelly McIntyre has a broad commercial and administrative law practice with particular focus on Mining, Energy and Resources law, Contract, Insurance, Property and International Arbitration., Kelly has appeared in complex and lengthy regulatory trials and other matters in the Land Court, Supreme Court, District Court and Federal Court. She has also appeared in a complex international arbitration under the ICC Rules., Kelly is a Nationally Accredited Mediator and is the General Editor of the LexisNexis Alternative Dispute Resolution Bulletin. She holds a statutory appointment as a General Referee on the Queensland Government Development Tribunal and is also appointed to the Land Court ADR Panel as a Panel Mediator for the Land Court. Prior to being called to the Bar in 2010, Kelly practiced as a solicitor in the Energy & Resources team at two national law firms and as in-house counsel for a railway turnkey provider. Kelly has a particular interest in shipping and trade law having attained her Masters of Law (International Trade) from UQ.

Sally Armitage
Sally Armitage was called to the Bar in 1994. Since 2004, the primary focus of her practice has been on building/construction, infrastructure, mining, professional negligence and commercial matters in a variety of jurisdictions, mediation and dispute resolution processes such as arbitration and expert determination. From October 2006 to October 2008, Sally was appointed as a Sessional Member of the Commercial and Consumer Tribunal (Qld). During that time, she presided over numerous matters in the building and construction division. Sally was named in the Doyle’s Construction & Infrastructure Queensland Barristers List as leading junior counsel in 2012 and recommended junior counsel from 2014 to 2019.

Amelia Wheatley KC
Amelia Wheatley KC has a broad public law and commercial practice. Amelia was called to the Bar in 2005 and took silk in 2019, having previously practiced as a solicitor, after completing articles of clerkship while studying Law externally. She was also an associate in the Federal Court of Australia. Amelia holds a Bachelor of Laws (Hons)(1998) from QUT, a Bachelor of Commerce (1994) from JCU and a Master of Laws (with Dean’s Commendation) (2008) from UQ. Amelia is also a member of various professional committee’s with the Bar Association of Queensland, the Australian Bar Association and the Law Council of Australian.

Sean Reidy
Sean Reidy is a barrister and mediator. He has appeared in cases in all courts in the State and Federal jurisdictions as well as tribunals such as QCAT, the Queensland Industrial Relations Commission and the Fair Work Commission. His is briefed in cases involving contract law, administrative law, statutory interpretation, defamation, employment law, human rights and professional regulation, and in mediations.

Jenny Rimmer
Jenny Rimmer Mediations was created to provide people in conflict the guidance they need to achieve a fair and harmonious outcome. Committed to resolving the common disputes of family separation through the process of mediation, Jenny Rimmer gives them that chance. In fact, Jenny is passionate about ensuring that people have the means to resolve their disputes themselves, without the stress and damage of expensive litigation. Read more about her background below. Jenny was admitted as a legal practitioner in 1982, and is presently a solicitor of the High Court of Australia. Jenny is a Nationally Accredited Mediator, an approved Family Dispute Resolution Provider under the Family Law Regulations, and has completed the training for Arbitration provided by the Law Council of Australia. She has practiced extensively in Family Law since 1982, after completing her Bachelor of Laws and Diploma of Legal Practice. Jenny has 36 years' experience as a legal practitioner, specializing in Family Law and defacto matters. Her previous experience as a Federal Magistrate of the Federal Magistrates Court (now the Federal Circuit Court) and Registrar of the Family Court of Australia has not only given her high-level legal knowledge, but also key insights regarding the effect of litigation on families. She has now committed her career to using that knowledge and skill base to help parties resolve their disputes in mediation.

Venue

Hilton Brisbane

190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia

Map of Hilton Brisbane

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking

Parking is not included in your registration. There is valet parking available for AU$58.00

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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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