Trademarks and Patents Conference 2023

Join us for a comprehensive review of Trade Marks and Patents law, with updates, key developments, and the opportunity to earn your Ethics CPE/CPD point. Explore brand protection, Trade Mark ownership, and non-use opposition proceedings in trade mark law. Get the latest insights into patents, including European amendments and key cases, and gain a unique perspective on supporting amendments from Australian-drafted priority text. 235N07

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Description

Attend and earn 7 CPD units including:
6 CPD units in Substantive Law
1 CPD unit in Ethics & Professional Responsibility

OR

1 CPE unit in Ethics and Professional Conduct
4 CPE points in Trade Marks
2 CPE points in Patents

This program is applicable to practitioners from all States & Territories

Session 1

Trade Marks Key Developments

Chair: Sonia Stewart, Barrister, 5 Wentworth Chambers

9.00am to 10.00am Reputation in Trade Mark Law: Self Care v Allergan

  • Consideration of the Allergan v Self Care proceedings currently before the High Court
  • Discussion of recent Federal Court authorities
  • Consequences for trade mark examination practice
  • Comparative perspectives – US and Europe
  • Practical tips for trade mark office and court matters

Presented by Angus Lang SC, Senior Counsel, Tenth Floor Chambers; Best Lawyers 2023, Intellectual Property Law; Leading Intellectual Property Senior Counsel, Doyle’s Guide 2022

10.00am to 11.00am Brand Protection

  • Review of recent trade mark decisions of the High Court and the Federal Court of Australia
  • Lessons in licensing from Realestate.com.au Pty Ltd v Hardingham

Presented by Fiona McNeil, Barrister, 5 Selborne Chambers

11.00am to 11.15am Morning tea break

11.15am to 12.15pm Trade Mark Ownership Structuring

  • Trade mark ownership
  • Authorised use
  • Common trade mark holdings structuring models, their benefits and drawbacks
  • Overview of recent relevant cases

Presented by Lauren Eade, Senior Trade Mark Counsel, Davies Collison Cave

12.15pm to 1.15pm Tips & Traps in Non-use Opposition Proceedings

  • Proving an intention to use
  • Establishing use of the registered mark for the registered goods/services
  • How to persuade the Registrar to exercise discretion

Presented by Tracey Berger, Hearing Officer- Trade Marks & Designs, IP Australia

Session 2

Ethics for Trade Mark and Patent Attorneys

Chair: Dr David Myers, Of Counsel, Franke Hyland

Mandatory Ethics or Professional Conduct CPE
2.00 to 3.00pm Ethics: Code of Conduct for Trade Mark and Patent Attorneys

  • Presenting your client’s case to an opposing side and negotiation  - what are the ethical rules?
  • Do typical tactics used in business negotiations conflict with your ethical obligations and the legal professional conduct rules?
  • Where does danger lurk?

Presented by Lynne Lewis, Partner, Bird & Bird

Session 3

Critical Patent Updates

Chair: Dr David Myers, Of Counsel, Franke Hyland

3.00pm to 4.00pm Patents – Key Issues from the Courts

  • Overview of the latest on judgements, trends in case management and remedies
  • Raising the Bar Reforms – progress since 2013
  • Unresolved patent validity issues in the biological therapeutic space: validity of broad antibody claims
    • Overview of antibody claims that have come before Australian courts
    • The Australian Repatha case – Patent Office decision currently on appeal
    • Update on the US Repatha proceedings
    • Looking forward in Australia

Presented by Kate Donald, Senior Associate, Corrs Chambers Westgarth, With Materials prepared by Kate Donald and Odette Gourley, Partner, Corrs Chambers Westgarth 

4.00pm to 4.15pm Afternoon tea break

4.15pm to 5.15pm Drafting Tips for Supporting European Amendments from Australian-drafted Priority Text

  • General drafting tips for Australia Patent Attorneys
  • Article 123 EPC – Support in the application as filed
  • Claim drafting and relevant insertion in the specification
  • Description (background, problem-solution, Markush-group, ranges and examples)
  • Patent eligible subject matter under the European Convention

Presented by Helene Fiorucci, Founder & CEO of HEFIP, European & French Patent Attorney, and US Patent Agent.

Presenters

Sonia Stewart
Sonia was admitted as a solicitor in 2001 and called to the Bar in 2016. She specialises in intellectual property, regulatory and consumer law, with particular expertise in trade marks, brand protection law and related commercial matters, including competitor and regulatory actions for misleading and deceptive conduct arising from advertising claims. Sonia has significant experience in appearing for and advising highly-regulated and fast-moving consumer goods industries, including tobacco, alcohol, gambling, food & beverages, pharmaceuticals, cosmetics, advertising to children and to other vulnerable classes of consumers. She has appeared in large-scale litigation at trial and appellate level and represented a wide variety of national and international clients. Sonia formerly held senior in-house and executive roles as General Manager, Regulatory & Responsible Gambling, at Tabcorp and as Head of Corporate Affairs & Legal for Imperial Tobacco Australia. In private practice, Sonia was also a Senior Associate at Mallesons Stephen Jaques (now, King & Wood Mallesons) in the Intellectual Property and Dispute Resolution practice group. 

Angus Lang SC
Angus Lang is a barrister at Tenth Floor Chambers in Sydney specialising in intellectual property litigation. He has appeared in numerous patent, copyright, trade mark and trade practices disputes at trial and appellate level. Mr Lang practises throughout Australia, primarily in the Federal Court of Australia, the Federal Circuit Court, and the patent and trade mark offices. His clients include market leaders across a variety of industries, including mobile telecommunications, pharmaceuticals, media, mechanical engineering and consumer goods. Mr Lang teaches intellectual property law at undergraduate and graduate level in Australia and Europe. For a number of years he has conducted comparative intellectual property law courses at the Humboldt-Universität in Berlin and the Martin-Luther-, Universität in Halle, Germany. He also lectures in intellectual property at the University of Sydney and the University of New South Wales. Mr Lang has published regularly in the field, in Australian and international journals. His current research interests include aspects of patent claim construction, patent exhaustion and trade mark dilution. Mr Lang is the National Chair of the Intellectual Property Committee of the Law Council of Australia, and a member of the Intellectual Property Society of Australia and New Zealand, and the German Australian-Pacific Lawyers' Association.  Mr. Lang is listed in Best Lawyers Australia 2023 for his work in Intellectual Property Law.

Fiona McNeil
Fiona McNeil is a barrister at 5 Selborne Chambers. Fiona has a broad commercial law practice which includes advising and appearing in intellectual property and consumer protection matters. 

Lauren Eade
Lauren Eade joined Davies Collison Cave as a Senior Associate in 2016. Lauren has more than 15 years' experience in trade mark clearance, advisory, registration, portfolio management and enforcement matters, and in high-value intellectual property transactions and intellectual property commercialisation. Lauren has worked for clients across a broad range of industries including FMCG, Internet service and Internet retail, healthcare/pharmaceuticals, arts/media, fashion, tourism, tertiary education, mining, agriculture, and government.  

Tracey Berger
Tracey spent 25 years in private practice as a trade mark lawyer for Spruson & Ferguson, a leading intellectual property firm working with a diverse client base from individuals, SMEs and local businesses to Fortune 500 companies to manage, protect and enforce their trade marks.  She provided her clients with commercial solutions to legal problems. She was a partner of the firm from 2002 and co-authored the seminal text Australia’s Law of Trade Marks and Passing Off (4th ed.) in 2004. In 2014, Tracey was appointed Head of Trade Marks (Asia) in 2014 which involved managing the firm’s trade mark practice in Asia Pacific overseeing culturally diverse teams in 10 offices across 6 countries.  From 2017, she also took on the role of Managing Director (Australia).  Tracey also sat on the Australian and Singapore boards of the firm helping to guide their strategic direction. She actively participated in the International Trade Mark Association sitting on various committees, speaking on a number of occasions at their International and Leadership conferences as well as being involved in various INTA publications. After a career break, Tracey joined the Oppositions & Hearings section of IP Australia in January 2022 where she determines trade mark disputes as a Hearing Officer.

Odette Gourley
Odette is one of Australia’s foremost intellectual property and regulatory lawyers with special knowledge and experience in the pharmaceutical and life sciences industries. Odette is an expert across the full range of IP including patents, trade marks, copyright, registered designs and trade secrets. In regulatory and advertising and marketing law her expertise include the Competition and Consumer Act, regulation for TGA, PBS, NHA, APVMA, AICIS, FSANZ, Gene Technology, Biosecurity, cosmetics, FOI including industry ethical and advertising codes for a wide range of products. Odette has acted in notable cases that have changed the law. In patents, Odette acted for AstraZeneca (Hassle) in successfully defending the validity of a drug formulation patent and that case is now a leading authority on the standard for obviousness under Australian law. In administrative law, the decision in the Roche case on scheduling of over the counter medicines resulted in revision of the statutory provisions. In trademarks, Odette acted for Gallo in the High Court, now the leading authority on the nature of trade mark use, and for Winnebago in the Federal Court recovering the brand for the American owner after 30 years of unauthorised use. The Winnebago case established the principle of user pays damages for IP infringement under Australian law which are recoverable even where damages on a lost sales basis are not available nor an account of profits. In the Johnson & Johnson v Unilever case in the Federal Court, Odette successfully defended the methodology adopted for consumer in use testing to support comparative advertising claims. With her deep experience in all aspects of IP, regulatory and advertising and marketing law, Odette is able to provide illuminating insights in relation to recent developments and future trends.

Kate Donald
Kate is an experienced patent litigator with a unique combination of high calibre science and law skills.  Following Honours degrees in Science and Law from Monash University including funded overseas synchrotron research in Japan and Taiwan, and funded study at the University of California, Berkeley for a year (scholarship awarded competitively to two out of 100 applicants), Kate worked in industry as a research scientist and inventor before joining Spruson & Ferguson patent attorneys and from there had an opportunity to join Corrs in IP. Kate worked as a patent litigator in London at an international law firm on a leave of absence from Corrs.  Kate is passionate about patents, and is a key senior lawyer in Corrs’ patent litigation practice in cases before the Courts and Patent Office. Kate has advised on a broad range of technologies, including small molecules, immunotherapies, vaccines, synthetic polymers and disposable hygiene garments. 

Helene Fiorucci
Helene is the founding partner of HEFIP (headquarters in Georgia USA), an IP Law Firm for small and medium tech companies and startups, specialized in Chemistry, Biotechnologies and Pharmacy. Helene Fiorucci is a qualified European and French patent attorney, as well as a US patent agent. Her practice focuses on all facets of Intellectual Property practice, with a special focus on Patent Law. She has worked both in private practice and in-house for more than 20 years, advising companies ranging from start-ups to multinationals, including French and American Universities. She can offer her services and support on many legal issues relating to patentability, patent validity, opposition and infringement, licensing, and competitive intelligence. Helene provides counselling on all aspects of domestic and international patent practice, including patent filing, patent prosecution and patent enforcement. Helene also has extensive experience in drafting and negotiating agreements, including license agreements, joint development agreements, consulting agreements and research agreements.

Venue

Cliftons - Margaret St
Level 11, 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: 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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