Construction Law Symposium

A surge of more building defect claims are on the way so ensure you’re prepared to address the rising challenges! In the high-stakes world of construction disputes, effective management of expert witnesses can make or break your case. Uncover the strategies and skills need to orchestrate a winning legal strategy in your next construction matter. Examine the latest knowledge across Security of Payment, liabilities, contract termination & more, all while gaining your core CPD units! 243N20

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

This program is based on NSW legislation

Session 1

Construction Law: Cases, Liabilities, Claims & Conflict

Chair: Franco Corsaro SC, Greenway Chambers

9.00am to 10.00am Security of Payment: Review of the Recent Cases

Join Vikram Misra, Barrister for a practical summary of important recent decisions involving the  Building and Construction Industry Security of Payment Act 1999 (NSW)(“the SOP Act”) including:

  • Those dealing with Brodyn/Grosvenor stays and the ambit of section 32B of the SOP Act

Presented by Vikram Misra, Barrister, Clarence Chambers

10.00am to 11.00am Controlling Liabilities: Indemnities and Capping Liabilities

  • What is the difference between a regular contract term and an indemnity?
  • Why does everyone insist on them?
  • Indemnity for breach: Is it really necessary?
  • Limits on liability: caps, exclusions from the caps, consequential loss, proportionate liability explained

Presented by Kip Fitzsimon, Partner, Allens

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Defects Claims: Navigating the Minefield

  • Key concepts:
    • What is a defect?
    • Defective v incomplete
    • Defect liability periods
  • Types of actions available:
    • Breach of contract / deed
    • Breach of statutory warranty
    • Breach of statutory duty of care
    • Breach of tortious duty of care?
    • Misleading and deceptive conduct
  • Other key elements:
    • Scott schedules / expert evidence
    • Mitigation
    • Remoteness
    • Betterment
  • Civil liability:
    • Limitation periods
    • Standstill agreements
    • Extended contractual warranties
    • Proportionate liability
  • Lessons from recent cases

Presented by Alex Ottaway, Special Counsel and Nadim Sara, Solicitor, HWL Ebsworth Lawyers

12.15pm to 1.15pm Termination of Building Contracts

  • The contract procedure: When is it an exhaustive code?
  • Risks associated with termination for delayed performance
  • Insolvency: the impact of ipso facto law reform
  • Quantum meruit: Is it still available?  Is it capped?
  • Security of Payment: Are statutory claims available after termination?
  • Contract provisions that typically survive termination

Presented by Shaun Bailey, Director, Ash Street Partners; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023

Session 2

Ethics, Professional Skills & Practice Management for Construction Lawyers

Chair: Tom Davie, Barrister, Queen Square Chambers

Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Issues in Construction and Engineering: Tendering, Procurement and Beyond

  • Legal ethics
  • Engineering ethics
  • Current issues
    • Transparency in supply chains
    • Ethical sourcing
    • Modern slavery

Presented by David Jury, Partner, HWL Ebsworth Lawyers; Leading Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2023

Professional Skills
3.00pm to 4.00pm PANEL DISCUSSION: The Ultimate Guide to Managing Expert Witnesses in Building and Construction Dispute Matters

In the high-stakes world of construction disputes, effective management of expert witnesses can make or break your case. Join a Building Consultant, Lawyer, and Barrister in this panel discussion as you breakdown core elements when engaging expert witnesses in your construction matters. From selection and preparation to communication and presentation, this session will equip you with the skills needed to orchestrate a winning legal strategy.

Panellists:
Stan Giaouris,
 Principal Building Consultant, The Construction Adviser; Lecturer, Faculty of design, Architecture and Building, University of Technology Sydney
Carlos Mobellan, Barrister and Mediator, Third Floor St James Hall Chambers
Bill Kritharas, Partner, Sparke Helmore Lawyers; Best Lawyers 2024, Occupational Health and Safety Law

4.00pm to 4.15pm Afternoon Tea

Practice Management & Business Skills
4.15pm to 5.15pm How to Manage a Critical Incident: Managing the Investigation to Ensure Rights are Protected

  • Analysing the principal contractor’s role and obligations
  • Concurrent obligations of PCBU's
  • Your business or undertaking:  How far does it reach?
  • Safety risks within a construction site
  • Critical incident response
  • Recent court decisions in Construction safety

Presented by Greg McCann, Partner, HWL Ebsworth; Best Lawyers 2023, Occupational Health and Safety Law

Presenters

Franco Corsaro SC
Franco Corsaro is a specialist construction lawyer, but has wide-ranging knowledge and experience in various areas. He is a recognised leader in construction law, with a long history of successful outcomes in various courts and tribunals at all levels. He is currently listed as a Pre-eminent Senior Counsel in the 2016 Doyles Guide. The listing maintains Franco's ranking as a pre-eminent or leading construction law practitioner in the Doyles Guide over several years. Franco began his legal career with Henry Davis York in 1980 as a commercial litigation lawyer. He was appointed to the position of Senior Associate of that firm in 1982. He was called to the Bar in 1985 and took Silk in 2000. Franco shifted emphasis into construction litigation in his early years as a junior counsel, but still maintains his interest in general commercial and equity litigation. Franco is results driven, and is always concerned with implementing the most advantageous approach to resolve each case in the best and most cost-, effective way for the client. His emphasis is to extract the significant factual and legal principles on which each case will turn, and to give these the highest priority. He is a diligent and committed advocate, with an excellent reputation for the development of excellent forensic strategy, effective all-round advocacy, and well-honed and incisive cross-, examination skills. Franco particularly enjoys the factual and legal foundation on which every case is built. He builds from these intellectual underpinnings, to develop the best forensic strategy to maximise the prospects of a successful outcome. He works closely with his solicitors and clients in a collegiate approach, to ensure all concerned have a well-, developed understanding of the legal and factual issues on which a case will turn, and to ensure the client has the information required to make the commercial decisions which must be made in every case. Franco provides certainty and peace of mind for his solicitors, and an enriching experience as they explore the matter's inherent legal principles together. Franco has a keen interest and involvement in alternate dispute resolution. From 2002-, 2005, Franco was a part-time lecturer in Commercial Arbitration at the University of Technology, Sydney, and has appeared for both claimants and respondents in a variety of domestic and international arbitrations, as well as expert and neutral evaluations.

Vikram Misra
Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Domestic Arbitration, International Arbitration and Security of Payment (NSW) and (SA) sections of the looseleaf Commercial Arbitration Law & Practice Service for Thomson Reuters. You may connect with Vikram via email counsel@vikrammisra.com or LinkedIn

Kip Fitzsimon
Kip specialises in Major Projects and Construction. She leads the Infrastructure Sector team at Allens and is widely recognised as a leading infrastructure lawyer. She is experienced in the infrastructure, property and energy and resources sectors and has advised sponsors, lenders, government and a broad range of contractors/operators on various aspects of project development on some of Australia's most iconic projects. Kip also has a comprehensive understanding of public-private partnerships (PPPs), having acted on both the government and consortium side of these projects across Australia for over 14 years. 

Alex Ottaway
Alex is a Special Counsel with HWL Ebsworth Lawyers, specialising in construction and infrastructure disputes. He has over 13 years’ post-admission experience specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse sectors such as rail, roads, ports, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.

Nadim Sara
Nadim Sara is a solicitor in the HWL Ebsworth Lawyer's Sydney Construction and Infrastructure group. Nadim advises and acts for a range of industry participants (including government clients, developers, large contractors and sub-contractors) in the various aspects and stages of construction and infrastructure projects. He particularly specialises in providing project advice and the resolution of disputes. Connect with Nadim via LinkedIn

Shaun Bailey

Shaun Bailey is Director at Ash Street Partners. Having been a specialist construction practitioner for over 20 years, Shaun's experience includes project delivery assistance in relation to Metro rail developments and private operation of  public infrastructure.  Shaun has also advised industry participants in relation to high-profile construction related insolvencies, including Walter Construction Group, Hastie Group, Walton Constructions, Reed Constructions as well as advising  on numerous terminations.  Shaun is a recommended lawyer listed in Doyles Guide and is also recognised as an innovator by the Legal 500.

 

David Jury
David Jury is a partner at HWL Ebsworth with over 20 years' experience in negotiating, drafting and litigating contracts primarily for those involved in the building and construction industry. With experience for owners, government, contractors, sub-contractors and consultants David has provided advice to clients on a variety of issues and from different perspectives. David's experience in litigation as well as alternate dispute resolution has provided him with valuable insights into how parties to contracts can improve their chances of avoiding disputes.

Stan Giaouris
Stan Giaouris is the Principal Building Consultant at The Construction Adviser (TCA) and a lecturer at the University of technology Sydney (UTS) in the Faculty of Design, Architecture and Building. He has a Bachelor of Building in Construction Management and Certificate III in Construction Waterproofing. Stan has 22 years of construction experience and is an active member of the Master Builders Association, currently holding the position of State Councillor and President of the St George Division. Stan and his team of experts provide litigation expert witness reports for general building and waterproofing defects, as well as remediation design, onsite Quality Assurance (QA) inspections, project management services and design development. Stan has also provided waterproof training in 2022 attended by over 400 industry participants in Sydney and Newcastle, with further training to be provided in Melbourne later in 2022.

Carlos Mobellan
Carlos is a barrister who specialises in building cases with an emphasis on matters arising under the Home Building Act 1989, the Building and Construction Industry Security of Payment Act 1999, the Strata Schemes Management Act 2015 and the Design and Building Practitioners Act 2020. Carlos was admitted as a solicitor in 1997 and was called to the Bar in 2004 where he was awarded the Bar Practice Course prize. Carlos has appeared for and against home owners, Owners Corporations, builders, government agencies and property development companies. 

Bill Kritharas
Bill is an experienced work health and safety (WHS) lawyer. He advises clients in the construction, agribusiness and transport industries as well as Commonwealth, state and local government sectors on WHS compliance, incident investigations, prosecutions and coronial inquests. Bill also advises owners corporations and builders on building defect and fire safety claims, and strata issues. He has acted in all jurisdictions in proceedings for building defect disputes.

Greg McCann
Greg is recognised as an expert in work, health and safety (WHS) with over 23 years of experience in private practice in Melbourne, Sydney and Perth. He has worked for national corporations in a wide range of industries including mining, construction, transport, finance, retail, labour hire and oil and gas. He regularly acts on WHS incidents and assists corporations and their officers in achieving safety compliance and delivering best practice solutions to safety management. He also delivers seminars and interactive discussions with directors and officers on their WHS due diligence obligations. Greg conducts workplace investigations regarding reportable incidents and incidents involving psychosocial hazards arising from the business or undertaking. Greg provides a 24/7 critical incident response service in attending the workplace and managing the response to the Regulator, police, unions and media. Greg is listed as a leading Occupational Health and Safety Lawyer in Best Lawyers Australia from 2016 to date.

Venue

Cliftons - Margaret St
Level 13, 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: 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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