Family Law Property Matters Conference

Cover all the recent developments in property and financial matters in family law in WA. Examine the implications of the Family Amendment Bill on property and arbitration matters. Gain updates on third party issues, forum non inconvenience and inappropriate forum arguments, as well as, how to deal with assets lost or disposed of prior to hearing. Plus, get your core CPD points on identifying costs since the Uniform Act, understand your ethical obligations in preparation for and attendance at ADR. 243W08

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

Family Law Key Issues

Chair: Natalie Kam, Partner, McDonald Jackson; Accredited Specialist in Family Law; Recommended Family Law & Divorce Lawyers, Doyle’s Guide 2024

9.00am to 10.00am Forum Disputes in Family Law

  • Forum non conveniens: the rationale
  • Parallel proceedings in the Family Court of Western Australia and another court: What are my options? stay applications and anti-suit injunctions
  • Thinking critically about juridical advantage for the client in other jurisdictions: How to assess?
  • A sneaky look at a recent parenting case where forum was an issue: beware s111CD of the Family Law Act 1975 (Cth) and Jasvir and Atwal [2023] FCWA 222

Presented by Rodney Worth, Barrister, John Toohey Chambers; Market Leader Family Law Barrister, Doyle’s Guide 2024

10.00am to 11.00am Third Party Property Matters

  • When to join and when not to join a third party
  • How to deal with an unwelcome third party
  • Common scenarios including loans from parents and family companies as well as arm’s length third parties

Presented by Heinrich Moser, Barrister, Stephen Thackray Chambers; Preeminent Family Law Mediator, Doyle’s Guide 2023 and Preeminent Family Law Barrister, Doyle’s Guide 2024

11.00am to 11.15am Morning Tea

11.15am to 12.15pm NEW FAMILY LAW BILL AND ITS PRACTICAL APPLICATION: Family Amendment Bill: An Impact Study - Practical Insights Following the Introduction of the New Legislation

Address what you need to know about the impact of the legislative amendments on Property and Arbitration matters and provide practical suggestions to adopt to integrate the changes seamlessly into your practice.
Presented by Jorja Brady, Partner, Lavan; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyers, Doyle’s Guide 2023

12.15pm to 1.15pm Assets Lost or Disposed of Prior to Hearing: Principles of Kowaliw

Presented by Framy Browne, Partner, Lavan; Recommended Family & Divorce Lawyer, Doyle’s Guide 2023

Session 2

Ethics, Practice Management & Professional Skills for Family Lawyers

Chair: Trevor O’Sullivan, Special Counsel, O’Sullivan Davies Family Lawyers; Accredited Specialist in Family Law; Recommended Family & Divorce Lawyer, Doyle’s Guide 2024 

Ethics & Professional Responsibilities 
2.00pm to 3.00pm Ethical Obligations in Preparation for and Attendance at Alternative Dispute Resolution

Presented by Rachel Oakeley, Barrister, John Toohey Chambers; Preeminent Family Law Barrister, Doyle’s Guide 2024

Practice Management & Business Skills
3.00pm to 4.00pm Costs in Family Law Matters: Insights on the Uniform Act over the Last 18 Months

  • Overcharging purpose and it bites
  • Uniform law changes everything

Presented by 

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm Recent Developments with Small Property Cases and Options to resolve Large Property Cases

  • The new procedures for Small Cases
  • The options for Large cases including
    • Mediation
    • Arbitration
    • Hybrids
    • Rent a Judge

Presented by Colin Kaeser, Principal, Kaeser Mediated Solutions; Accredited Mediator, Registered Arbitrator, Collaborative Coach, Accredited Conciliator and WA Director AIFLAM

Presenters

Natalie Kam
Natalie is the lead partner in the Jackson McDonald family law team. Natalie is an accredited family law specialist with extensive experience in family law, representing clients in family and relationship law both nationally and internationally. Natalie is experienced in complex property proceedings including financial tracing, corporate and trust structures, contested inheritances, valuation and business issues and acting on behalf of banks, liquidators, creditors and corporations. Her practice includes advice on proactive structuring to protect multigenerational businesses and wealth and sits amongst one of Western Australia’s most preeminent private wealth teams. Natalie is a recognised industry leader in dealing with complex parenting cases and child related proceedings having represented clients in Australia and overseas, including in respect of applications to relocate overseas and international child abduction and recovery. She is experienced at mediation and is a qualified collaborative lawyer. Natalie is also trained in assisting clients encountering issues such as domestic and family violence and requiring assistance to obtain Family Violence Restraining Orders. Natalie was previously a key adviser to the Attorney General’s Family Relationship Advice Line and has assisted in the preparation of a number of submissions to government in the area of family law reform. Natalie is currently the Vice President of the Family Law Practitioners’ Association of Western Australia (FLPA) and Chair of FLPA’s CPD and Social Subcommittee. Natalie currently sits on the Law Society’s Accreditation Committee.

Jorja Brady
Jorja is a Partner at Lavan in the family law team. She has an LL.M (Family law) and B.A. (History) and is an accredited family law specialist and trained mediator. She has practiced exclusively in family law at leading family law firms in Perth, for the last 15 years. She specialises in the management of complicated financial and parenting matters in the Family Court with a particular interest in financial cases involving substantial asset pools, including matters with complex company, trust, partnership, and valuation issues. Many of these cases have an international element to them or taxation and accounting aspects. Jorja has considerable experience in cases involving the preparation of or setting aside of financial and child support agreements, sham transactions, trusts and equitable remedies, corporations’ law and matters involving third parties. Jorja also maintains a specialised practice associated with difficult parenting cases, particularly parentage disputes, the relocation of children and cases with an international aspect, including Hague Convention abduction cases.

Heinrich Moser
Heinrich (Henry) Moser LLM is a Barrister, Accredited Family Law Arbitrator and Nationally Accredited Mediator. He attended Law Schools at the University of Zurich and the University of Western Australia and was admitted to the Supreme Court of Western Australia and the High Court of Australia in 1995. He was a solicitor and partner at Paterson & Dowding between 1995 and 1999 and has practiced as a Barrister since 1999. Heinrich obtained Masters of Laws (UWA) and was accredited as Family Law Arbitrator in 2001 and as Mediator in 2012. He has completed the Advanced Mediation Training at Harvard Law School and has a Certificate in Design Thinking from RMIT., He practices in family and de facto law, estates and probate, family provision, equity and trusts, appeals and other general civil litigation in all Courts. Henry's publications include articles on Family Law, De Facto Law, Estates, Bankruptcy, Superannuation and Personal Injury. He has presented numerous papers and seminars on a variety of subjects. He is the author of the Chapters on Family Law and ADR, WA Law Handbook Online, Sussex Street. He has also co-authored the Section on Children in Halsbury's Laws of Australia. Outside the law, Henry is a qualified intercultural trainer and was a Member and Chair of the Board of AFS Intercultural Programs Australia.

Rodney Worth
Rodney Worth practises as a barrister from John Toohey Chambers primarily in family law, protection & care and restraining order matters. Rodney has worked both in private practice and at Legal Aid Western Australia, and more recently spent two years as the Legal Associate to the Honourable Justice Sutherland, Chief Judge of the Family Court of Western Australia. Before practising law, Rodney worked as a contracts specialist on large-scale infrastructure projects in Western Australia. Rodney holds a Bachelor of Laws (First Class Honours).

Framy Browne
Framy Anne Browne is the lead partner of Lavan's Family Law team and provides family law advice. Framy has had extensive experience with matters of considerable commercial and factual complexity, including matters involving complex financial arrangements, overseas interests, partnerships, superannuation, companies and trusts. Framy also has extensive experience in child related matters and has represented clients living in Australia and overseas in matters involving international law and relocation.Framy has represented clients in matters involving international proceedings in the United States of America, the United Kingdom and Asia.  Framy holds a Master of Applied Law (Family Law).  Framy has been recognised by the Doyle’s Guide for Australian Best Lawyers, in the 2015 and 2016 listing of Rising Stars in Australian Family Law and recognised in the 2018, 2019, and 2020, 2021 and 2022 Doyle’s Guide Leading Family & Divorce Lawyers – Western Australia and Leading Family Lawyers (High Value & Complex Property Matters) – Western Australia in 2020, 2021 and 2022.

Trevor O’Sullivan
Trevor graduated from the University of Western Australia in 1969. He was admitted to the Supreme Court of Western Australia in 1972 and to the High Court of Australia in 1987. Trevor completed the Professional Certificate of Arbitration and Mediation at the University of Adelaide in 1999 and is a member of the Resolution Institute and the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM). Trevor is an NMAS accredited Mediator. Trevor is a Fellow of the International Academy of Family Lawyers and a member of the Family Law Section of the Law Council of Australia and a past member of the Council of the Family Law Practitioners' Association of WA having previously held a number of positions including President and Secretary. In 2013 Trevor was made a Life Member of the Family Law Practitioners' Association of WA (FLPA). The FLPA awarded him Family Lawyer of the year 2018. Trevor became an accredited Family Law Specialist in 1992 and chairs the Law Society of Western Australia's Accreditation Committee. Prior to forming O'Sullivan Davies, Trevor was a Partner at Clayton Utz for 15 years. Before that, he was also a Partner at the firm now known as Ilberys for 10 years. He has served on the Executive of the Family Law Section of the Law Council of Australia and has given numerous papers at local and national conferences and to tertiary institutions and specialist interest groups. He is Chairman of the WAFL Tribunal. Trevor is a past Chair of the Council of Wesley College. 

Rachel Oakeley
Rachel Oakeley obtained her LL.B (Hons) in the UK in 1995. She worked in a number of management and consultancy roles in the UK until 2003, when she immigrated to Australia. Having obtained her Australian legal qualification through UWA, she worked for a number of prominent family law firms in Perth between 2006 and 2014, before joining the Bar in 2015. Rachel appears frequently as counsel for matters before the Family Court of Western Australia and as counsel in Appeals before the Federal Circuit Court of the Family Court of Australia and the Supreme Court of Western Australia. This continues to be her primary area of practice. Rachel also appears in the Children's Court of WA in relation to Care and Protection Matters and in the Magistrates Court of Western Australia for Violence Restraining Order matters. Rachel is a nationally qualified mediator and a regulation 67 Arbitrator. Rachel was a Deputy Member of the Reproductive Technology Council of Western Australia from 2009 to 2002, prior to joining the Ministerial Expert Panel in 2022 which advised the Minister for Health on reform of the fertility and surrogacy laws of Western Australia. This is an area of law in which Rachel has a particular interest as a practitioner and advisor to private clients, clinics, and government.

John Butler
John Butler has worked in the law for more than 55 years. He is a Barrister and Solicitor of the Supreme Court of Western Australia, a Solicitor of the Supreme Court of New South Wales, a Barrister and Solicitor of the Supreme Court of the Australian Capital Territory, and on the Roll of Legal Practitioners for the High Court of Australia. In addition to Western Australia, John has practised in New South Wales and the ACT. He has been a partner in a national legal firm and has twice established his own practice. John is currently the Principal of Butlers, Lawyers & Notaries, based in Nedlands. The majority of John's practice is in the areas of Family Law, Business Planning, Wills & Estate Planning, Claims on Estates, Guardianship & Administration and Elder Law. John has been involved with government and independent schools for over 40 years, including serving on the governing bodies of several independent schools over that period. John holds a Commission in the Australian Army and is on the Reserve of Officers. John is also an active member of the Rotary Club of Matilda Bay. 

Colin Kaeser
Colin Kaeser commenced practice in 1994. He became an accredited family law specialist in 2000. He joined the family court of Western Australia in 2005 as a Registrar; being appointed as a family law Magistrate in 2010. He left the court in 2022 and now operates Kaeser Mediated Solutions. His focus is on dispute resolution.  Colin is a nationally accredited mediator; an approved arbitrator and a collaborative coach.

Venue

Cliftons Perth

Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia

Cliftons Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

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Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth  - click here for rates

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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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