Property Law Conference

Are you ready to maximise property development potential? With changes to the management of crown land, planning and environment updates and developments in compulsory land acquisition claims, it’s vital you stay well-informed and capitalise on the new prospects offered. Receive a comprehensive update on commercial leasing, unpack your ethical obligations as a property lawyer, uncover privacy risks, sharpen your caveat dispute resolution skills & more. 243W16

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 WA legislation

Session 1

Maximising Property Potential: Leasing, Planning, Crown Land & Acquisition

Chair: Shannon Davies, Principal, Stork Davies; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2020-2023; Recommended Leasing Lawyer, Doyle’s Guide 2023; Best Lawyers 2023, 2024, Leasing Law; Best Lawyers 2024, Real Property Law

9.00am to 10.00am Planning and Environmental Law Reform and the ‘Housing Crisis’

We live in a time of unprecedented political appetite for reforming the planning and environmental law systems, in particular to address the housing supply shortages and ever-increasing land prices, join for a detailed session as you consider:

  • What reforms are being implemented or well on the way to being made?
  • Can they really make a difference?

Presented by Glen McLeod, Principal, Glen McLeod Legal; Leading Planning & Environment Lawyer, Doyle’s Guide 2023, Preeminent Planning & Environment Lawyer, Doyle’s Guide 2022

10.00am to 11.00am Commercial Leases: Key Updates and Cases

Examine some of the key developments, trends, and cases in retail and commercial leasing with a leading practitioner as he breaks down the facts of each case and the crucial takeaways you can add to your leasing knowledge base and repertoire.
Presented by Matt Reid, Partner, Jackson McDonald

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Compulsory Land Acquisition and Compensation Claims

  • Compensation a land owner is entitled to: We'll provide clarity on the types of claims that can be made, from the taking of land value to injurious affection, to disruption of business, ensuring you're fully aware of entitlements for landowners.  This will include consideration of both the Land Administration Act and reservations under the Planning and Development Act
  • Learn how to select and work with experts: Find out how to instruct professionals effectively and properly to strengthen your case and achieve the correct outcome for your claim while not crossing the ethical divide by telling the expert what to say;
  • Master the art of negotiation and legal progression: this will touch on the process of negotiating a fair settlement and, if necessary, how to progress with a legal action to secure the compensation to which a landowner is entitled

Presented by Tim Houweling, Director, Cornerstone Legal; Recommended Planning & Environment Lawyer, Doyle’s Guide 2023

12.15pm to 1.15pm Grants of Crown Land Tenure: Processes and Pitfalls

  • Issues to consider in obtaining tenure over Crown land in Western Australia
    • Tenure options available under the Land Administration Act 1997 including the recently enacted diversification lease
    • Tenure options available under other Acts
    • Native title ‘future act’ and compensation
    • Mining overlap
    • Other interest holders
  • The timeline and process for the grant of tenure over Crown land

Presented by Sandra Eckert, Legal Consultant, MinterEllison

Session 2

Ethics, Professional Skills & Practice Management for Property Lawyers

Chair: Professor Stephen Owen-Conway KC, Sir Lawrence Jackson Chambers

Ethics & Professional Responsibility
2.00pm to 3.00pm Ethical Considerations in Property Law: Who is Your Client?

Join us for a conversation about ethical risks in real property. Explore real-world examples, key facts, and develop strategies to avoid getting caught in these traps. In this session you will analyse:

  • Who is the client?
  • Verification of identity: policies
  • Is capacity of a client in issue?
  • Is the client a person or a company? Proof?
  • Authority to instruct: Who says?
  • Ceasing to act

Presented by Lauren Evans, Special Counsel, Pragma Lawyers

Professional Skills
3.00pm to 4.00pm Caveat Dispute Resolution Skills

Gain guidance for clients seeking to:

  • Remove caveats by issuing lapsing notices under s 138B(1) of the Transfer of Land Act 1893 (WA) (TLA);
  • Contest lapsing notices by applying to the Supreme Court under 138C(2)(a)(ii) TLA
  • Practical guidance in relation to caveat litigation

Presented by Lachlan Palmos, Principal, Palmos Legal

4.00pm to 4.15pm Afternoon Tea

Practice Management & Business Skills
4.15pm to 5.15pm Privacy Risks for Property Practitioners

  • Understanding your privacy obligations and responsibilities
  • Identifying privacy risks in your matters: the often overlooked risks and red flags
  • How to resolve and prevent privacy risks in your practice
  • What you can and can’t do with client information and data? Examples and practical tips

Presented by Ben McPherson, Special Counsel, Stork Davies

Presenters

Shannon Davies
Shannon is Principal at Stork Davies Legal Advisors, practising predominantly in commercial real estate transactions. He was previously the property law course director for the Piddington Society’s practical legal training program and an instructor on the property law component of the Leo Cussen articles training program, and a current member of the Property Council of Australia’s Retail and Hotels Committee (having previously served as Deputy Chair of the Retail Management Committee). Shannon has been ranked as a recommended lawyer in the 2020, 2021, 2022 and 2023 Doyle's Guide listings of leading Western Australian property and real estate lawyers, and in the 2023 Doyle's listing of leading WA leasing lawyers. He has also achieved recognition in the 2023 edition of The Best Lawyers in Australia™ for Leasing Law, and in the 2024 edition of Best Lawyers for both Leasing Law and Real Property Law. Previously, Shannon was a Business News 40under40 Winner in the professional services category, and the 2016 winner of the Property Council’s WA Future Leaders Award in the advisory and transactions category.

Glen McLeod
Glen McLeod is the Principal of Glen McLeod Legal and has 45 years of experience in environmental, town planning, government and development law. He has held senior positions in major law firms in Perth and London. In July 2012 he established the independent niche firm, Glen McLeod Legal. Glen and his firm have for some years been recognised as being ‘preeminent’ in their fields in Doyles Guide to the Legal Profession. He is a former member of the WA Environmental Protection Authority and the International Bar Association’s Council for the Section on Energy, Environment Resources and Infrastructure Law. He is also a member of the WA Law Society’s Environment Town Planning and Local Government Committee and is a Fellow of the Royal Society of Arts. He was the recipient of the 2016 WA Law Society’s Lawyer of the Year Award. Glen is an Adjunct Professor at Murdoch University, where he has taught units in environmental and town planning law. He is the General Editor of the national loose leaf publication Planning Law in Australia (Thomson Reuters) and an editor of the Local Government Law Journal (Thomson Reuters).

Matt Reid
Matt has been a litigation partner at Jackson McDonald since 2014 and leads a team that specialises in resolving property and planning related disputes. The team works closely with Jackson McDonald’s front end Real Estate team and has a client base consisting of land developers, local governments, property investors, high-net-worth families, commercial landlords and tenants, retirement village operators and social housing providers. Matt represents clients in all Western Australian courts and the State Administrative Tribunal and is experienced in handling complex and document intensive litigation.

Tim Houweling
Tim Houweling is a Director at Cornerstone Legal. Tim has been providing legal services to clients of all levels and local governments for over 20 years and understands the complexities they face. Tim primarily practices law involving Town Planning, Environmental Law, Native Title, Local Government Law and Land Compensation matters. Tim often appears in the District Court, Supreme Court , Administrative Appeals Tribunal and State Administrative Tribunal. His qualifications includes: Bachelor of Laws from Murdoch University; Bachelor of Arts from Curtin University; Master of Laws from the University of Western Australia; Admitted to the Supreme Court; Admitted to the High Court; Adjunct Professor at Law.

Sandra Eckert
Sandra Eckert has worked as a lawyer in a mix of private practice and inhouse Government legal positions, practising in a wide range of property law. Prior to her current role as Legal Consultant at MinterEllison, Sandra was General Counsel of the Crown Lands legal team at the Department of Planning, Lands and Heritage and its predecessor agencies. She has worked for over 18 years in Government and continues to advise various State government agencies in her role at MinterEllison. Earlier on in her career Sandra worked at Corrs Chambers Westgarth, the Australian Securities Commission (now ASIC), DOLA and a number of small boutique law firms. Her current role covers a wide range of private and government clients advising on property developments and native title; as well as broader advice on legislative and public policy reform. Her duties as inhouse Government lawyer covered a broad range of legal, legislative and policy roles including: general legal advice and drafting of agreements, leases and other tenure documents relating to Crown land (which ranged from the Perth Convention and Exhibition Centre, to major State significant resource related infrastructure projects and land development agreements); providing advice and contributing to the development of policy in relation to native title and compulsory acquisition of interests in land; acted as instructing officer on amendments to a number of Acts under the Department's administration including the Land Administration Act 1997 and provided significant input into the development of other Acts which impacted on the operations of the Department including the Carbon Rights Act 2003, the development of the Planning and Development Act 2005 and the Commonwealth’s Carbon Credits (Carbon Farming Initiative) Act 2011; guided the renewal of approximately 500 pastoral leases on 1 July 2015 by the Department; and was lead negotiator on a major indigenous land use agreement for the State with a Pilbara native title group. Sandra was Australian Corporate Lawyer Association Government Lawyer of the Year 2012, Institute of Public Administration Australia Policy Practitioner of the Year 2017 and led her team as winner of the Australian Corporate Lawyer Association Large Legal Team of the Year in 2017.

Professor Stephen Owen-Conway KC
Stephen Owen-Conway KC specialises in commercial litigation and practices in the fields of competition Law, taxation, intellectual property; corporations law; maritime law and sports law. He appears in the Federal Court of Australia and other Commonwealth Courts and Tribunals. He also appears in the Supreme Court of Western Australia and in the Court of Appeal. Stephen was first called to the English Bar in 1973, then joining the Queensland Bar in 1975 and the Western Australian Bar in 1977 and was appointed a Queen's Counsel in the states of Queensland and Western Australia in 1992. He has held a number of academic positions throughout his career including visiting lecturer at Nottingham University, senior teaching fellow at the University of Western Australia and was a lecturer at the universities of Plymouth, Queensland and Western Australia. Stephen currently holds the position of adjunct professor of law at Murdoch University in Perth. Stephen has a particular interest in professional football and most recently was a director of Cardiff City Football Club in 2012. Stephen’s List Clerks are Svenson Barristers who are located in Melbourne.

Lauren Evans
Lauren is a Special Counsel at Pragma Lawyers, specialising in property and real estate transactions. Lauren graduated from the University of Notre Dame Australia with a Bachelor of Laws and Bachelor of Arts in 2010, and was admitted to practice in the Supreme Court of Western Australia in 2011. Lauren has spent over a decade working as a property lawyer, practising in top tier national and international firms and acting on matters spanning across all Australian jurisdictions. Lauren has experience across a broad range of property and real estate matters, including due diligence; contract review and preparation; agricultural, commercial, industrial, port and retail leasing; the sale and purchase of land, including office buildings, shopping centres, agricultural land, interests in Crown land and residential land; government projects; land developments and access rights including easements and licences. Due to the nature of property work, Lauren also has experience with business sales, FIRB applications and requirements, planning and environment related issues including native title and contamination, and GST and transfer duty laws and requirements as they relate to property transactions. Having worked on a number of large-scale transactions and projects, including the purchase of iconic landmarks such as the Old Swan Brewery and large cattle stations across Western Australia and the Northern Territory, Lauren understands the need to provide clear, pragmatic and commercially minded advice to her clients with a focus on the bigger picture, while still ensuring impeccable attention to detail.

Lachlan Palmos
Lachlan graduated with honours from the University of Notre Dame Fremantle, and was admitted to practice in Western Australia in 2013. Prior to establishing Palmos Legal in 2018, Lachlan spent three years at a highly regarded boutique commercial practice in West Perth and later at the Perth office of top-tier national law firm. Lachlan appears regularly as counsel in most Western Australian courts and tribunals, and has particular expertise in property law, insolvency and commercial disputes. Lachlan’s clients include many of Western Australia’s largest private schools (both independent and SECWA schools), major insurance companies, residential and commercial construction companies, law firms and accounting practices. Lachlan has an ongoing pro-bono practice, and has been the Chairman of the Western Australian Suburban Turf Cricket Association Tribunal since 2019. Lachlan is also a member of several Legal Aid Commission panels, and has held lecturing and tutoring positions in law units at UWA and Central Queensland University.

Ben McPherson
Ben practises in general commercial law and commercial property law. He has particular experience advising in the areas of business acquisitions (buyer and seller), hospitality and events, franchising, start-ups & ecommerce, data and privacy, PPSA compliance and commercial and retail leasing. Ben has extensive experience in drafting and negotiating agreements of all kinds, including sale and purchase of business agreements, sale of goods/services agreements, franchise agreements, intellectual property licences, property sale agreements, shareholder/unitholder agreements and distribution agreements, with a focus on achieving the commercial outcomes desired by his clients. Ben also has experience in construction law, including construction contracts (negotiating, preparing and reviewing) and construction disputes (including adjudications). Ben prides himself on delivering clear and practical legal advice to his clients which range from sole traders and small business owners to large corporates. Outside of law, Ben enjoys a wide range of sports including golf, tennis, squash and basketball and can otherwise be found enjoying one of WA’s many beaches or other outdoor locations.

Venue

Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia

Map of Parmelia Hilton

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

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Issues covered include: ATO, Taxation of trusts, Trust splitting, Fixed trust, distribution of capital gains, trust strutures, asset protection, sham trust, discretionary trust drafting, trust vesting and winding up, UPEs, Division 7A, loans, transfer duty on specie distributions, Trust Variations and Resolutions, Corporate Trustees, testamentary trusts.

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Issues covered include: VCAT's jurisdiction, evidence, procedural fairness, natural justice, Victorian Civil and Administrative Tribunal, VCAT, ADR, mediation, compulsory conference

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Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements

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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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