School Law: Your Complete Guide to Policy, Risk, Family and Student Issues

With Schools dealing with an increasing number of thorny legal and regulatory issues, don’t miss your chance to benefit from 6 practical sessions across governance, policy writing framework, risk management, difficult parents, social media, and managing students with disabilities. In an environment where processes, statutes and policy keep you safe, walk away feeling confident handling the unique challenges that working in education brings. 236N01

Description

For Teachers: 
Attend and earn 6 Professional Development Hours (NSW) 
Completing this conference will contribute 6 hours of NSW Education Standards Authority PD addressing 6.2.2 from the Australian Professional Standards for Teachers towards maintaining Proficient Teacher Accreditation in NSW 

For Lawyers: 
Attend and earn 6 CPD units including:
5.5 units in Substantive Law 
0.5 unit in Professional Skills

This program is based on NSW legislation

PLUS! The conference will be directly followed by a Networking Drinks Reception for the in-person delegates.

Session 1

Governance, Policies and Risk Management

Chair: Amanda Smith, Director of Human Resources, Ravenswood School for Girls

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am Whistle Blower Protections

  • An overview of the whistleblower legislation including a summary of the main changes to the law
  • How to implement a workplace policy and what it should include
  • Practical tips for training staff on whistleblower protections
  • What to do if a disclosure is made, including conducting an investigation, employer obligations on reporting the misconduct, how to deal with the whistleblower and victimisation

Presented by Jonathon Corlett, Partner, Thomson Geer

9.50am to 10.35am Compliance Policy Writing Frameworks through the Lens of Oyston v St Patrick’s College Campbelltown, 2011

Using the Oyston v St Patrick's College (No 2) [2013] NSWCA 310 bullying case as a lens, you will examine:  

  • What should be included (policies or otherwise)
  • Complaints handling within a compliance framework:
    • The policy
    • The forms
    • The process for submission and response

Presented by Kristen Lopes, Partner, Colin Biggers & Paisley

10.35am to 10.50am Morning Tea

Professional Skills
10.50am to 11.35am Gaining Practical Tips for Implementing Risk Management Systems in Your School

  • What is risk management and why is it important?
  • Helpful risk concepts to understand and use
  • Risk management ‘blockers’ and how to overcome them
  • How to write a risk assessment
  • Examples of risk assessments that are done well and those that are not

Presented by Jonathan Oliver, Principal Consultant, Risk and Compliance, Complispace

11.35am to 12.20pm Ask the Lawyers: Practical Q&A Break-Out Session

Take advantage of more Q&A time with a panel of legal experts and have your specific questions and concerns addressed.

Panel includes:
Julie Kneebone, Special Counsel, Workplace, Sparke Helmore Lawyers
Jennifer Parkes, Partner, Hicksons Lawyers
Samantha Hayek, Legal Counsel, Sydney Catholic Schools

12.20am to 12.30pm Final Q&A and Closing Comments by the Chair 

Session 2

Student and Family Issues

Chair: Brad Swibel, Deputy Head of School, St Andrew’s Cathedral School

1.15pm to 2.15pm Schools and Aggressive Parents

  • Tips on how to handle the types of issues that can arise:
    • Parent vs parent: how do you choose a side?
    • Parent vs student: bullying or inappropriate behaviour
    • Parent vs staff member: how to protect staff from abuse
    • Parent vs school: when allegations are made
  • What are the school's obligations? Your duty of care, child protection legislation, work, health and safety law and discrimination law
  • What are your school's rights? Inclosed Lands Protection Act 1901, defamation, criminal offences and AVOs
  • What are the parents' rights and obligations? General law and the enrolment contract
  • Guidance for dealing with problematic parents

Presented by Sonya Parsons, Partner, Mills Oakley

2.15pm to 2.45pm Students and Social Media: What is the Extent of Your School’s Responsibility?

  • What are the legal consequences of technology misuse in schools?
  • Avoiding misuse of technology by students
  • Appropriately dealing with online incidents
  • Sensitive content and cyber-bullying
  • Online sexual predators and students who initiate these behaviours
  • Social media use outside of school hours: Is there a duty of care?

Presented by Jacquie Seemann, Partner, Thomson Geer 

2:45pm to 3.15pm Defamation and Social Media

Presented by Michael Waterhouse, Mediator and Lawyer, Waterhouse Mediation

3.15pm to 3.30pm Afternoon Tea

3.30pm to 4.30pm The Rights of Students with Disability to Access Education: Schools Working Together with Students with Disability and their Families

  • What is disability and how does Australian discrimination law apply to education providers?
  • What can schools do to support students with disability to access education?
    • Participation in courses and programs
    • Access to services and facilities, for example, assessment tasks, school excursions, camps, performances and concerts
  • Practical tips on providing an accessible and inclusive curriculum and general and specialist support (e.g. specialised teachers and interpreters)
  • A summary of the work of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, as it draws to its end, and the implications of this for schools

Presented by Rebecca Haynes, Senior Lawyer, Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection

Presenters

Amanda Smith
Amanda Smith is the Director of Human Resources at Ravenswood School for Girls. Amanda has worked in the education sector for over 15 years. Prior to joining Ravenswood, Amanda worked at the Catholic Commission for Employment Relations and AISNSW. Amanda has significant experience in the education and other sectors. Her experience assisting schools includes: negotiating and drafting enterprise agreements and multi enterprise agreements; representation in industrial disputes; complex and sensitive workplace investigations; child protection; privacy; large-scale recruitment; management of the employee life cycle, workplace mediation; complex workplace injury claims; staff training; critical incidents and drafting and implementation of workplace policies and procedures.

Jonathon Corlett
Jonathon Corlett has worked in the field of industrial relations since 1996. He has in-depth knowledge of public and private sector employment regulation. Jonathon and his team at Thomson Geer advise on individual and collective employment relationships from recruitment to termination and beyond. His clients operate in a broad range of industries and sectors, and include a large number of true start-ups and international businesses establishing their presence in Australia for the first time. An experienced litigator in employment and industrial relations, he acts in discrimination, unfair dismissal and breach of contract claims; industrial disputes; and prosecutions for breach of industrial and workplace safety laws. He looks for commercial and non-litigious solutions where possible.

Jonathan Oliver
Jonathan Oliver has been a lawyer in NSW since 1986 and worked in private practice (initially in general practice, and later a specialist family lawyer) and then in community legal centres. He was more recently a business manager at an independent school in Sydney for 10 years. Now senior consultant with CompliSpace and lead consultant in enterprise risk and compliance. 

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. In addition to her expertise in education, Jennifer has an excellent technical knowledge of the legislative and strategic demands of claims management in discrimination and workers compensation matters. All Hicksons partners and staff are practical, forward-looking people with real-world experience and deep expertise and Jennifer can provide insights on current trends in complaints and, critically, strategic advice on the most appropriate response to issues. Jennifer holds a Bachelor of Economics from the University of Newcastle and a Bachelor of Laws from the University of New England. She began with the firm in 2006 and is admitted to practice in NSW and the High Court of Australia.

Samantha Hayek
Samantha Hayek is Legal Counsel at Sydney Catholic Schools. Sydney Catholic Schools is a system of 149 primary and secondary schools operating across the Catholic Archdiocese of Sydney. Samantha provides advice, legal support and identifies legal exposure and risk in areas such as Privacy, Employment, Discrimination, Personal Injury and contract’s.  Samantha has had extensive experience in managing and responding to applications made to the National Redress Scheme and claims of historical child sexual abuse on behalf of Sydney Catholic Schools. Samantha’s experience advocating for people across the criminal, family and care and protection jurisdiction (before her time at Sydney Catholic Schools) has armed her with a unique ability to provide the most effective legal advice for school based inquiries and issues that pertain directly to children and young people and their families. Samantha believes that education at the school level is key to ensuring low legal exposure and has presented educational sessions on legal compliance in areas such as Discrimination and Family Law to Sydney Catholic Schools school based and central office staff.

Brad Swibel
Brad Swibel was appointed as Deputy Head of School at St Andrew’s Cathedral School in 2013. Brad is responsible for academic, wellbeing, policy and staffing for the Middle School (Years 7-9) and Senior College (Years 10-12). Brad works with the senior executive team on vision development, alignment and strategy and is involved in cocurricular, risk management, marketing and budgetary planning. Brad’s aspiration is for every student to be able to reach their personal best and for teachers to be equipped to deliver highest quality teaching and learning programs. The School’s systematic use of data is key to this process by coaching students, developing class learning sprints, identifying intervention needs and recognising achievement of personal bests.

Sonya Parsons
Sonya helps charities, not-for-profit organisations and companies resolve their disputes as quickly and easily as possible. She has more than 20 years' experience in a broad range of litigation and dispute resolution, and has been nationally accredited as a mediator. Sonya has particular expertise acting nationally in matters involving claims for historical child abuse. Sonya also acts for non-government schools seeking administrative review of decisions in NCAT, and advising education providers on the Education and Care Services National Law. She has also managed confidential workplace investigations and represented clients at the NSW Independent Commission Against Corruption, and also has a particular interest in matters of workplace fraud and corruption.

Jacquie Seemann
Jacquie Seemann has practised employment law, discrimination law and education law since 1990. Jacquie and her team advise on individual and collective employment relationships from recruitment to termination and beyond. An experienced litigator in employment and industrial relations, Jacquie has specialist expertise in discrimination, unfair dismissal, breach of contract claims, industrial disputes, and prosecutions for breach of awards, industrial and safety laws. She is a tough negotiator, and looks for commercial and non-litigious solutions where possible. She enjoys the challenge of drafting plain English enterprise agreements and employment contracts. Jacquie has been acknowledged for her work in employment law by The Legal 500 Asia-Pacific, Doyle's Guide and Best Lawyers in Australia. Jacquie works in both the public and private sectors, and her expertise spans a wide range of industries. Jacquie's education sector clients cover the education lifecycle, including preschools, schools, universities and other post-secondary education providers. She advises these clients not only on employment-related issues but also on the broadest range of education law issues including staff and student discipline, disability issues, child protection and strategic responses to social media use. She was NSW Chapter Vice President for the Australia & New Zealand Education Law Association for many years, co-authored the employment law chapter in Higher Education and the Law (Federation Press, 2015), and a chapter about religion and schools in the Palgrave Handbook of Schools Law (2018). 

Michael Waterhouse
Michael Waterhouse has unique depth of experience in the NSW public sector with 26 years experience as a lawyer, policy advisor and senior executive. As General Counsel (including its predecessor role) for the NSW Education Department for 19 years, Michael built an incomparable experience in settling legal, commercial, industrial and policy disputes. Which included settling a group action by members of the Aboriginal Stolen Generation in NSW, including providing individual apologies and settlement conferences to several hundred individuals, leading the Education Department’s response to the recommendations of the Royal Commission into Institutional Child Sexual abuse, implementing the Government’s principles for trauma informed approach to survivors of such abuse; Working personally with 100s of individuals who have experienced various forms of trauma and abuse in institutional settings; Settling complex industrial and award negotiations; Negotiating legislation through the NSW parliament.; Negotiating detailed policy agreements and MOUs between NSW government agencies, and non-government organisations, particularly in the human services field and Negotiating difficult disputes about existing agreements between government and other parties. Michael mediates complex legal disputes, particularly involving historical abuse cases. Michael can be contacted through his website https://waterhousemediation.com.au/

Rebecca Haynes
Rebecca Haynes is a Senior Lawyer and Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection. 

Venue

Legalwise Seminars - Pitt Street

Level 11  70 Pitt Street
Sydney 2000 NSW
Australia

 Legalwise Seminars - Pitt Street

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Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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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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