Workers Compensation and Motor Accident Claims Conference 2023

Get up to speed on the latest news from the Independent Review Officer, followed by updates on emerging vicarious liability issues applicable to labour hire and host employer, psychological injury claims and nature and condition claims. Obtain updates on significant developments in the Personal Injury Commission from Marie Johns, Division Head Motor Accidents Division, a discussion of the new threshold injury test, and Jnana Gumbert’s biannual update on judicial review of motor accident decisions. 2311N20

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

Session 1

Workers Compensation Update 

Chair: Mick Franco, Partner, Bartier Perry; Leading Workers Compensation Lawyers (Defendant) Doyles Guide 2022

9.00am to 9.40am Federal Jurisdiction and the Personal Injury Commission

  • Summary of principles and cases involving issues of federal jurisdiction in the Commission
  • Effect of Court of Appeal decision of Kanajenahalli v State of New South Wales [2023] NSWCA 202
  • Chetty v Queanbeyan-Palerang Regional Council [2023] NSWPIC 528

Presented by John Harris, Principal Member, Personal Injury Commission of New South Wales

9.40am to 10.35am Independent Review Officer Annual Update

  • IRO annual data and key personal injury scheme issues, 2022-2023
  • Key issues: Independent Legal Assistance and Review Service
  • Key issues: IRO’s Complaints and  Early Solutions Services
  • Tips on working with IRO

Presented by Simon Cohen, Independent Review Officer, Independent Review Office

10.35am to 10.50am Morning Tea

10.50am to 11.45am Issues Regarding Vicarious Liability, Labour Hire Companies and Host Employers in Work Injury Damages Claims

  • Ongoing and emerging issues in vicarious liability
  • Labour hire: from TNT v Christie to Mt Owen Pty Ltd v Parkes: what is the Court’s approach to liability and apportionment?
  • Vicarious liability, labour hire and section 151Z: how does it interact?

Presented by Amanda Bond, Partner, Gillis Delaney Lawyers; Leading Workers Compensation Lawyers (Defendant), Doyles Guide 2022

11.45am to 12.30pm Psychological Injury Damages Claims

  • What sort of employer conduct can support a psychological injury damages claim?
  • Issues of foreseeability in common law psychological injury claims
  • Breach of duty in psychological injury damages claims

Presented by Will Murphy, Partner, Bartier Perry; Recommended Workers Compensation Lawyers (Defendant), Doyles Guide 2022

12.30pm to 1.15pm Nature and Conditions Claims

  • Introduction the importance of deemed date of injury
  • The meaning of injury
  • Somatic v psychological injury
  • The issue of causation at common law
  • Types of injury
  • The special case of industrial deafness
  • Multiple injuries
  • Successive injuries
  • Leading cases
  • Tips on adducing evidence

Presented by Con Ktenas, Lawyer and Notary

Session 2

Motor Accident Update

Chair: Paul Macken, Partner, Leigh Virtue & Associate

2.00pm to 2.45pm Update from the Personal Injury Commission of New South Wales

  • Pathway
  • Medical assessments update
  • Stood Over List
  • PIC Rules

Presented by Marie Johns, Division Head Motor Accidents Division, Personal Injury Commission

2.45pm to 3.30pm Carrying your Client over the Threshold: All the Latest on the Threshold/Minor Injury Test

  • A review of the latest PIC Review Panel decisions
  • Causation and the threshold/minor injury test
  • Further medical assessments of PIC threshold/minor injury certificates
  • Some tips on how to maximise your client’s chances of establishing a non-threshold/non -minor injury 

Presented by Tim Concannon, Partner, Carroll O’Dea; Leading Motor Vehicle Accident Compensation Lawyers (Plaintiff) Doyles Guide 2022

3.30pm to 3.45pm Afternoon Tea

3.45pm to 4.30pm You're Over the Threshold. Now What?

  • An update on PIC Decisions on all topics other than threshold injury

Presented by Peter Hunt, Partner, McCabes; Preeminent CTP Compensation Lawyer (Defendant) Doyles Guide 2022

4.30pm to 5.15pm Judicial Review in Motor Accident Cases: Recent Cases and Takeaways

  • Recent decisions under the Motor Accidents Injuries Act 2017 and the Motor Accidents Compensation Act 1999
  • The latest authorities on judicial review of DRS, CARS and MAS decisions
  • Practical guide to judicial review proceeding

Presented by Jnana Gumbert, Barrister, Jack Shand Chambers, Preeminent Insurance & Personal Injury Law Junior Counsel, Doyles Guide 2021 and Matthew Jones, Barrister, Jack Shand Chambers 

Presenters

Mick Franco
As a Director and leader of the Insurance Division of Bartier Perry, Mick Franco advises employers and insurers on the most effective ways to manage and resolve employee claims including statutory benefits, work injury damages and recoveries.  He also advises on employment issues arising from workplace injury including return to work and dismissal, WHS and Coronial inquests.  He has a long history of representing self-insurers, specialised insurers and employers in the TMF, with a strong focus on the local and state government sectors.  He has been a long-term honorary solicitor for the NSW Workers Compensation Self-Insurers Association Inc. Mick is widely recognised by the industry as an expert in workers compensation. He has contributed extensively to the debate on workers compensation in NSW and written extensively on the NSW system and schemes in other jurisdictions.  He has been a member of numerous industry groups and appeared at parliamentary inquiries relating to workers compensation, representing the interests of employers and insurers.  He was recognised as a leading Workers Compensation Lawyer from 2016 to 2019 and preeminent in 2020 and 2021 by Doyle’s Guide to the Australian Legal Profession. 

John Harris
John Harris is a Principal Member of the Personal Injury Commission. Prior to this appointment, he was appointed a sessional arbitrator in 2013 and subsequently a full-time arbitrator of the Workers Compensation Commission. The Principal Member was admitted as a Barrister in 1988 and practiced extensively in personal injury law prior to his appointment with the Workers Compensation Commission. 

Simon Cohen
Simon commenced as the Independent Review Officer for NSW workers compensation in February 2020. Previous to his appointment Simon was Deputy Secretary Regulation at the Department of Justice and Community Safety in Victoria.  Simon has previously held appointments as the National Telecommunications Industry Ombudsman and Victoria's Public Transport Ombudsman. Simon is a graduate in law from the University of Queensland. 

Amanda Bond
Amanda Bond is a partner of Gillis Delaney Lawyers who specialises in insurance claims. Amanda is an Accredited Specialist in Personal Injury Law and has over 20 years of experience in acting for government entities, insurers, self-insurers and corporations. In the last four years Amanda has been recognised by the Doyles Guide as a leading liability lawyer, pre-eminent and leading worker’s compensation lawyer and recommended lawyer in CTP demonstrating her breadth of experience. 

Will Murphy
Will is a partner at Bartier Perry.  He practices in industrial accident law: workers compensation, common law claims and Work Health and Safety.  In his personal injury practice Will acts exclusively for insurers and self-insurers.  Will was one of the first accredited specialists in personal injury law in NSW. 

Con Ktenas
Con Ktenas is an Accredited Specialist in Personal Injuries Compensation working in private practice as a litigation solicitor, Local Court Arbitrator and Notary. He is a member of the Law Society Accredited Specialist Advisory Committee, was a long-time member of the Law Society Accident Compensation Committee,  and a Former President of the City of Sydney Law Society. He has practiced in every jurisdiction from the Full High Court to the Local Court in every type of personal injuries and other litigation from 1987 until the present. He has also been a part time legal academic at UNSW and UTS and has presented scores of papers and chaired many CPD seminars.

Paul Macken
Paul Macken BA LLB is a partner of the firm of Leigh Virtue & Associates. He is an accredited specialist in personal injury law (since 1993) and has over 37 years' experience acting for workers and employers in work injury disputes. He has particular experience in representing a large number of self-insured employers in all types of work injury claims and in related industrial disputes. He is an honorary legal advisor to the NSW Self Insurers Association, the immediate past Chairman of the Medic-Legal Liaison Committee, a member of the Injury Compensation Committee, and the personal injury specialist accreditation board of the Law Society of NSW. 

Marie Johns
On 26 August 2020 Ms Johns was appointed as the Division Head of the Motor Accident Division of the Personal Injury Commission (PIC), which commenced on 1 March 2021. Ms Johns was previously appointed as the Principal Claims Assessor under the two CTP schemes in NSW (Motor Accidents Compensation Act 1999 and the Motor Accident Injuries Act 2017) in August 2018. Ms Johns’ career spans more than two decades across regulatory and service delivery, within government and the community. She has held various positions including at CARS and DRS, the Workers Compensation Commission, ILARS – WIRO, as an immigration lawyer with Brett Slater Solicitors, and DLA Piper (formerly Phillips Fox) and with Mid Hunter Community Housing Association. She is a current committee member of the NSW Chapter of Council of Australasian Tribunals (COAT). Admitted as a solicitor in February 2005, she holds a Degree in Law from Macquarie University and a Bachelor of Science (major in psychology) from the University of Newcastle.

Tim Concannon
Tim joined Carroll & O'Dea Lawyers in 1994 and became a partner in 2001. Tim has been an Accredited Specialist in Personal Injury Law since 2000 and was an Assessor with the Claims Assessment and Resolution Service (CARS) from 2004 to February 20221. Tim was appointed Deputy Chair of the Injury Compensation Committee of the Law Society in 2020 and has been Chair of this Committee in 2021 and 2022. He has played a leading role in drafting submissions to government agencies relevant to various areas of personal injury law and appeared on behalf of the Law Society at a number of government inquiries into the functioning of the workers compensation and motor accident schemes. 

Peter Hunt
Peter is a Principal in the Statutory Insurance Group at McCabes, specialising in CTP. In 2019, 2020, 2021 and 2022, Peter’s team was recognised by Doyle’s Guide as a First Tier Defendant CTP Team. In the same years, Peter was recognised by Doyle’s Guide as either a Leading or a Pre-Eminent Defendant CTP Lawyer. Peter has been the driving force behind a number of value-add initiatives, including the intuitive app, MC Max, and the Proper Lookout Podcast series. In addition to his core role, Peter is an NMAS accredited Mediator (with a focus on workplace disputes and common law disputes), the former author of the CCH Motor Accident Practitioners’ Handbook (2001 to 2016), a former CARS Claims Assessor (2004 to 2009), a member of the Law Society of NSW Specialist Accreditation Advisory Committee (since 2011), a member of the Law Society of NSW Injury & Compensation Committee (2022 and 2023), a former Voluntary Director of Marrickville Legal Centre (from May 2018 to May 2022), a former Voluntary Director of Road Sense Australia (from December 2020 to May 2022), a former Voluntary Director of IDEAS (from May 2018 to November 2020) and a Graduate of the Australian Institute of Company Directors (March 2017). 

Jnana Gumbert
Jnana Gumbert has an extensive practice in the areas of common law, insurance law, and administrative law (particularly in judicial review of administrative decisions within the NSW CTP scheme).  She has over 20 years’ experience conducting personal injury litigation in the areas of motor accidents, medical negligence and civil liability. Jnana was awarded a Master of Laws (LLM) from the University of Sydney in 2009, focussing on the areas of tort law, healthcare law and administrative law.   Jnana has been recognised by her clients and her peers as a preeminent Junior Counsel in New South Wales Insurance & Personal Injury Law (Doyle’s Guide 2020, 2021, 2022).   Prior to being called to the Bar in 2012, Jnana was a litigation solicitor for over 6 years and a Director of Stacks/Goudkamp Lawyers, and was also a Law Society Accredited Specialist in Personal Injury Law and Assessor for Specialist Accreditation assessments.   Jnana held the office of President of the NSW Branch of the Australian Lawyers Alliance from 2009 to 2015. She is a member of the Common Law Committee of the NSW Bar Association. She is a regular presenter at legal seminars and conferences, and has written many articles for publication in legal journals. She has also co-authored the Motor Accidents chapter of the Goudkamp and Morrison Personal Injury Law Manual NSW (Thomson Reuters) and The Law Handbook (Thomson Reuters).  

Matthew Jones
Since being called to the Bar, Matthew has appeared in a wide variety of jurisdictions from Local Court to Supreme Court in both Common law and equity divisions. Matthew also appears in NCAT and the AAT. Matthew is a bold advocate with a pragmatic and reasonable sense for commercial resolutions to matters. A sample of recent and significant judgments and decisions are as follows: The Estate of Robyn Alice May Linworth [2021] NSWSC 334 Matthes v The Nominal Defendant [2021] NSWSC 188 Norrington v QBE Insurance (Australia) Ltd [2021] NSWSC 548

Testimonials

I had a great day listening to the speakers, who provided great insight in their fields.
As usual, brilliant!
Informative talks. A great day!
Wonderful experience. Great range of topics and speakers.

Venue

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

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Issues covered include: Informal wills, Succession, Beneficiaries, Testators, Recent cases, Superannuation, Succession Law and Family Law, contested Probate, Undue Influence, Claims for adult children.

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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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