Contract Law Conference

Re-examine the the building blocks of your practice – contracts. Examine everything from the new Unfair Contracts term reforms to the myriad of clauses required to minimise and allocate risk including the current concern of cyber risk allocation in contracts. Gain valuable insights into contract termination, an in-depth damages analysis and practical tips for resolving contract disputes through arbitration. 243Q04

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1

Contract Drafting to Avoid Risk: Clauses and Legislative Reform

Chair: Peter Roney KC, Griffith Chambers

9.00am to 10.00am What Agreement Have the Parties Reached?

  • Informal commercial contracts based on Realestate.com.au Pty Ltd v Hardingham (2022) 406 ALR 678

Presented by Mark D Martin KC, Barrister-at -Law, Level 10 Inns of Court, Recommended Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2023

10.00am to 11.00am Enforcing Agreements and the New Unfair Contract Regime

  • Unfair contract terms: determining whether a contract term is unfair and options
  • Is this clause unfair and what are the risks?
  • Tips for drafting and negotiations
  • Enforcing the agreement or damages: What to consider before enforcing?

Presented by Colin Harris, Partner, HWL Ebsworth Lawyers

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Mastering IP Clauses in Contracts: Avoiding Pitfalls and Maximising Protection

  • Different types of intellectual property and their significance in contractual agreements
  • Typical mistakes and pitfalls in IP clauses that can lead to disputes or loss of valuable assets
  • Drafting IP clauses to minimize risks and ambiguities
  • Real-world examples of contractual disputes related to IP issues and lessons learned
  • Improving the safeguarding of your intellectual property with carefully written clauses
  • Best practices for negotiating IP terms and warranties
  • The role of confidentiality, non-compete, and non-disclosure clauses

Presented by Dr Anne M Fitzgerald, Barrister, Dr Anne Fitzgerald

12.15pm to 1.15pm Cyber Risk Allocation in Contracts

  • What are likely cyber risks?
  • Cyber security governance
  • Moving from insurance to assurance
  • Contracts where cyber risk should be considered
  • Cyber risk minimisation
  • Supply chain management
  • Misuse of standard clauses and audit checklists
  • Understanding standards – ISO27001, Essential Eight, CSCAU, NIST
  • Dealing with the international nature of third party risks and liability

Presented by Professor John Swinson, BA LLB LLM, The University of Queensland; Leading Intellectual Property Lawyer, Doyle's Guide 2023, Best Lawyers 2023, Technology, Media & Telecommunications, Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law; Best Lawyers 2023, Intellectual Property Law; Best Lawyers 2023, Privacy and Data Security Law

Session 2

Contractual Disputes: Navigating Termination, Damages & Arbitration

Chair: Christopher Crawford, Barrister, Level 10, Inns of Court

2.00pm to 3.00pm Contract Termination

  • What are the differences between express rights and general right?
  • How do you give effective notice?
  • What if the termination is not justified?
  • Losing the right to terminate: the importance of election and delay
  • What are the consequences of termination?
  • The ins and outs of termination rights
  • Balancing commercial and legal considerations

Presented by Michael de Waard, Barrister-at-Law, Murray Gleeson Chambers

3.00pm to 4.00pm What’s the Damage?

  • Gain in-depth analysis of the different methods applied to measure damages in commercial transactions including:
    • Damages for breach of contract
    • Lost opportunity damages
    • Damages under the Australian Consumer Law

Presented by Karyn Reardon, Partner, Piper Alderman

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Practical Tips When Resolving Contract Disputes Through Arbitration

  • Overview of arbitration
  • Types of arbitration
  • Drafting arbitration clauses
  • Enforcing arbitration agreements and awards

Presented by Erika Williams FCIArb, Independent Arbitrator; Williams Arbitration; Recommended Arbitrator, Doyle’s Guide 2023

Presenters

Peter Roney KC
Peter Roney's professional practice has been both broad and focused. He mainly practices in commercial law and equity but has been consistently  included in Doyle’s guide as one of the top 4 leading Queensland Queen’s Counsel the areas of employment, industrial relations and workplace safety matters in Queensland. He is a Committee member Law Council of Australia Insolvency and Restructuring Committee Qld. He has represented the Qld bar on the Law Council of Australia's Equal Opportunity Committee for more than 5 years. He has specialised in advocacy in commercial litigation, corporate management, body corporate and community management litigation, employment, industrial relations and workplace safety, mining, coal seam gas related litigation, Coronial Inquiries and Inquests particularly involving management system failures mechanical and engineering failures, major building and construction and engineering disputes, Peter has acted for and advised clients operating in the coal, gas petroleum and metallurgical industries, including Ministers. Peter has had advisory participation in numerous safety management reviews. He sits and has sat as a member of the Queensland Civil and Administrative Tribunal in various divisions and is a senior member of the NSW Civil and Administrative Tribunal. He is the Chair of the Qld Bar's Equal opportunity and Diversity Committee and has sat on the Law Council of Australia's Equal Opportunity Committee for more than 5 years.

Mark D Martin KC
Martin KC practices in the following areas: commercial, property, insolvency, intellectual property and defamation. He was admitted as barrister in 1987 and Queen's Counsel in 2013. He is Honorary Counsel for the Queensland Reds and Wallabies. Mark is married with 4 children; boys aged 32, 31 and 27 and a girl aged 24. His interests include mountain bike riding and snow skiing.

Dr Anne M Fitzgerald
Dr Anne Fitzgerald is a Barrister (Queensland and Tasmania), who has practised, taught and researched in the areas of intellectual property law, internet/e-commerce law, technology and the law and international law. She has worked as a senior legal academic, in private and public sector legal practices and as an adviser to government. Anne has a JSD degree from Columbia University, New York (2002), a LLM degree from Columbia University (1992) and a LLM (International Business Law) from the University of London (1989). She graduated with a LLB(Hons) from the University of Tasmania and was Associate to the (then) Chief Justice (and later Governor) of Tasmania, Sir Guy Green. She has held academic appointments at several Australian universities and has presented conference papers, guest lectures and seminars worldwide. Until 2014 Anne held an appointment as Professor of Law at QUT Law Faculty where she took a leading role in landmark research projects and supervised several PhD candidates. At QUT, Anne was a member of the team that inaugurated the WIPO-QUT IP Masters in 2010 and was responsible for the Patent Law & Biotechnological Inventions course in the WIPO program. In 2012 and 2013 Anne led QUT Law School's Intellectual Property and Innovation Law research program. Anne has been a member of Australia's two principal federal government-appointed standing advisory committees on intellectual property: the Advisory Council on Intellectual Property (ACIP) and the Copyright Law Review Committee's Expert Advisory Group. She was a consultant to the review of Australia's innovation system (Venturous Australia: Building strength in innovation (2008)) and was commissioned Government 2.0 Taskforce to write a report on copyright (Engage: Getting on with Government 2.0 (2009)). From 2005 Anne was the legal lead on projects that modelled and implemented systems for the application of Creative Commons licences to government copyright materials (public sector information) and publicly-funded research outcomes (such as journal articles and data). From 2007 to 2014 Anne was the project lead for Creative Commons Australia's engagement with the Australian public sector and played a central role in the work that resulted in Creative Commons licences being adopted as the default copyright licence by the Australian federal government in 2010, followed by other Australian State governments. Anne has published extensively in her fields of expertise. Her most recent publication is Intellectual Property: Principles and Practice (with D Eliades and R Olwan), Thomson Reuters, Sydney, 2022. Other recent publications include: Introduction to Intellectual Property, (with D Eliades), Thomson Reuters, Sydney, 2015; Intellectual Property Law (Nutshell series), (with D Eliades), Thomson Reuters, Sydney, 4th ed, 2015; Internet and E-Commerce Law, Business and Policy (with Brian Fitzgerald and others), Thomson Reuters, Sydney, 2011.

Professor John Swinson
John Swinson's principal interests are intellectual property law, Internet law, privacy law, cybersecurity law and the application of law to new technologies. John commenced as a part-time professor at the T.C. Beirne School of Law in November 2017. John graduated from the T.C. Beirne School of Law in 1998 with a University Medal. He also has a Bachelor of Arts majoring in computer science from The University of Queensland and a Master of Laws from Harvard Law School where he studied as a Fulbright Fellow and a Frank Knox Scholar. From 1999 until 2017, John was an adjunct professor at QUT. John was a partner at the law firm King & Wood Mallesons from 1999 to 2021. He was also Chairman of the auDA Policy Review Panel, which made recommendations to the auDA Board to revise Australia's domain name policies in 2019. Since 2000, John has been an arbitrator for the World Intellectual Property Organisation (WIPO) in Geneva, and has decided over 350 disputes regarding the ownership of domain names.

Colin Harris
Colin Harris has 14 years of experience in front-end and back-end construction for HWL Ebsworth's Construction and Infrastructure group. Colin holds a Masters of Construction Law and his experience encompasses contract drafting and negotiation, project management, contract administration, litigation and other forms of dispute resolution. He has prepared the construction contracts and associated tender and project agreements for many of the high rise projects across the Brisbane skyline, together with agreements for commercial, industrial and infrastructure projects. He has prepared and defended complex payment claims made under Security of Payment legislation in several States and in litigation arising from adjudications. He regularly advises on compliance with regulation in the industry, including in respect of corporate reconstructions and public listings.

Christopher Crawford
Christopher Crawford was called to the Queensland Bar in 2005 and to the Bar of England and Wales (Inner Temple) in 2022. He has a broad commercial practice specialising in contract, property, trusts, corporations, insolvency, insurance and consumer protection. Christopher is also experienced in succession, employment and administrative law. He regularly appears in all state and federal courts and specialist tribunals. Before becoming a barrister, Christopher was a solicitor at a large national law firm and a judge's associate. He is a regular presenter at industry seminars and conferences, has published numerous papers and journal articles and holds a doctorate from Queensland University of Technology.

Michael de Waard
Michael de Waard is a commercial barrister from Murray Gleeson Chambers in Brisbane. His practice focuses on the following areas: banking, bankruptcy and insolvency; commercial; property; contract; torts; administrative; equity; building and construction; and appellate. Michael has been practicing at the private Bar for over five years. He regularly appears led and unled in the Supreme Court of Queensland, the Federal Court of Australia and the Court of Appeal. He also appears interstate. Before being called to the Bar, Michael practiced as a commercial litigator in a top-tier firm and was an associate in the Federal Court of Australia.

Karyn Reardon
Karyn Reardon has specialised in the resolution of large construction and engineering disputes since 1995. She has successfully facilitated the commercial resolution of a wide range of disputes using a variety of processes (including traditional court processes, arbitration, adjudication, mediation and others). As well as drafting and reviewing project documentation, Karyn regularly advises members of the construction and engineering industries on how legislative and other changes will affect their business. She has first-hand experience in the construction industry, having worked for one of Australasia’s largest rural construction companies. Karyn regularly delivers papers to construction industry bodies and at alternative dispute resolution forums. She has teaching experience with the Queensland University of Technology and has conducted onsite training for corporate and government clients. She is a graded arbitrator and an accredited mediator.

Erika Williams FCIArb
Erika Williams is a leading international arbitration practitioner with significant experience acting in some of Australia’s largest disputes resolved through arbitration.  Erika is experienced in commercial, construction and investment arbitration and has acted in arbitrations under a variety of arbitral institutions. Erika sits as arbitrator and tribunal secretary and is on the arbitrator panels of leading arbitral institutions including the Chartered Institute of Arbitrators, the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre and the Australian Centre for International Commercial Arbitration plus many more. Erika has been listed as a leading arbitration lawyer in Australia in Doyles Guide for the last three years and was recognised as the Arbitration Practitioner of the Year at the Australian ADR Awards 2021.

Venue

Hilton Brisbane

190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia

Map of Hilton Brisbane

Directions

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

Nearby Public Transport:Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking

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

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Issues covered include: 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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