School Law: Disability, Sports, LGBTIQ+, Sexual Misconduct and Enrolment Contracts

With a crackdown on school sporting injuries, increasing pressure to prevent student on student sexual assault, recent recommendations from the Disability Royal Commission, a changing approach to LGBTIQIA+ students and an influx of enrolment contract disputes, don’t miss your chance to get across a diverse range of legal challenges affecting Australian schools in this unique series tailor made for educators. Get the insights and strategies needed to remain vigilant in a changing education system. WEB245N23

Description

Teachers attending the entire series earn 5 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 5 CPD units in Substantive Law

This program is applicable to practitioners from all States & Territories

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

 

Session 1

What Schools Should Know About the Recommendations of the Disability Royal Commission
Wednesday, 8 May 2024

What do the latest recommendations under The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) mean for your school? Consider the latest recommendations, how these might be implemented in your school and the potential impact. Delve into the latest guidance and envision how these directives could be integrated within your educational institution. WEB245N23A

Chair: Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm What Schools Should Know About the Recommendations of the Disability Royal Commission

The Royal Commission into Violence Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) has now released its final report and recommendations. It is anticipated that this will lead to policy changes and law reform in the education sector. Learn what the key recommendations of the Final Report are and understand what this means for children and young people with disabilities in schools. In particular, you will examine:

  • Enrolments
  • Reasonable adjustments
  • Understanding behaviors of concern
  • How best to respond to complaints and manage reviews and appeals
  • Governance and oversight


Receive practical tips and solutions such as drafting policies and procedures, so that your school can be proactive and collaborate with students and their families to achieve the best possible education outcomes.
Presented by Rebecca Haynes, Senior Lawyer, Legal Academic at Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Session 2

School Sport Legal Issues
Wednesday, 22 May 2024

Who is responsible? With schools being called to review reporting and recovery after student concussions it’s now more important than ever to take a look at exactly where your duty lays when it comes to school sports injuries. Breakdown exactly what is ‘personal injury’, the criteria for establishing claims, and discover the potential compensation and damages which might be awarded if a student was successful in proving negligence. As schools face increased scrutiny, prioritise compliance. WEB245N23B

Chair: Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm School Sport Issues

  • Personal Injury overview: what is personal injury?
  • Overview of concussion guidelines for junior community sport
  • Who can claim compensation or damages for personal injury when it comes to school sports injuries?
  • What do you need to establish to claim compensation or damages?
  • If I am successful in establishing negligence, what compensation/damages may a student receive?
  • Case summaries of Court decisions on sporting and recreational activities

Presented by Mahen Manokarathas, Special Counsel, Carrol & O’Dea Lawyers; Accredited Specialist in Personal Injury

Session 3

How Watertight is your School Enrolment Contract?
Wednesday, 5 June 2024

How watertight is your school enrolment contract? In disputes like unpaid fees, the enrolment contract serves as the cornerstone of any recovery action. It's paramount that these contracts clearly outline the relationship between your school, the student and their guardians. Equally crucial is ensuring that contract terms comply with Australian consumer laws to avoid legal pitfalls. Attend and gain insight into crafting robust and legally sound enrolment contracts that protect both schools and families. WEB245N23C

Chair: Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm How Watertight is your School Enrolment Contract?

  • As parents become more willing to take legal action against schools, it is critically important that schools identify legal risks by ensuring terms of enrolment contracts are consistent with the law and cater for the broad range of issues that arise in the student relationship
  • The enrolment contract between the school and parents is a legally binding document
  • In the event of disputes, such as unpaid fees, teacher/student misconduct, expulsion or allegations of breach of duty of care, the enrolment contract will be the basis for many of the rights and responsibilities of the respective parties
  • However, it is surprising how outdated and unsophisticated many of these documents can be

Presented by Alexandra Terrill, Managing Associate, Dentons

 

Session 4

Legal Issues in Dealing with LGBTIQ Students: Duty of Care, Discrimination and Privacy
Wednesday, 19 June 2024

With legal frameworks constantly changing, are you across your current duty of care requirements when dealing with LGBTIQA+ students? Join us for an informative session as you breakdown crucial legal considerations in schools, including protections offered to students under discrimination and privacy laws. With the Australian Law Reform Commission's review of religious protections, understand the implications on your school’s policies and practices. Walk away with practical tips to implement legal requirements seamlessly into everyday school operations, fostering safe, equitable, and inclusive educational settings for all students. WEB246N23D

Chair: Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm Legal Issues in Dealing with LGBTIQ Students: Duty of Care, Discrimination and Privacy

  • What is your duty of care and how far does it extend?
  • What protections are LGBTIQ students afforded under the law in relation to discrimination?
  • How should you handle privacy concerns?
  • Recent legal developments affecting schools such as the Australian Law Reform Commission review of religious protections
  • Practical tips

Presented by Adam Foster, Partner, Colin Biggers & Paisley Lawyers 

 

Session 5

Navigating Harmful Sexualised Behaviours and Allegations Between Students
Wednesday, 3 July 2024

Following on from Chanel Contos’ Teach Us Consent campaign and consent education being made mandatory in schools across Australia, schools are under the microscope when it comes to their response to allegations of harmful sexual behaviours. Demanding a nuanced understanding of culture, power dynamics, and legal frameworks, gain insight into how your school can navigate these sensitive issues with empathy, integrity, and legal clarity. WEB247N23E

Chair: Craig Petersen, President, NSW Secondary Principals’ Council Inc

1.00pm to 2.00pm Navigating Harmful Sexualised Behaviours and Allegations Between Students

  • Royal Commission into Institutional Responses to Child Sexual Abuse: findings and recommendations
  • Department guidelines: what staff need to know and what staff need to do
  • A look at some case studies: how the law responds

Presented by Lisa Flynn, Chief Legal Officer, Shine Lawyers 

 

Presenters

Dr Steven Middleton
Dr Steven Middleton is currently the Associate Principal of St Margaret’s Berwick Grammar, a independent school in Melbourne’s outer south east. Over the past two decades Dr Middleton has worked in a variety of leadership roles in various independent School’s in both Sydney and Melbourne including The King’s School, Knox Grammar School and Carey Grammar. Dr Middleton has a passion for school culture, teacher and student growth and high performance in various contexts. His Doctoral Thesis from The University of Melbourne focused on leadership and character education for adolescents. Steve has written and presented extensively on issues of school culture, strategic leadership, student well-being and achievement in recent years. He is also beginning a Juris Doctor degree due to his interest in educational legal matters.

Rebecca Haynes
Rebecca Haynes is a Senior Lawyer and Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection.

Mahen Manokarathas
With over 10 years’ experience helping clients resolve difficult and complex compensation claims, Mahen Manokarathas prides himself on being compassionate and attentive in his dealings with his clients to achieve fair, equitable and timely outcomes. Mahen has also acted for Defendant’s and Self-Insured clients; allowing him to bring that unique understanding and perspective to each of his client’s claims whereby he understands what his injured clients seek but also understands how Defendant’s and Insurer’s operate. He specialises in complex workers compensation, third party liability, public liability and motor vehicle accident claims. Mahen’s practice also includes work for Defendant’s. Mahen has been recognised by the Law Society of NSW as an Accredited Specialist in Personal Injury.

Alexandra Terrill
Alexandra Terrill is a Managing Associate in the Employment and Safety team in the Melbourne office. Alexandra has considerable experience providing practical and tailored solutions in relation to various workplace law matters across the full range of employment and post-employment matters. She advises clients across various industries, including retail, education, security, labour hire and aged care. Alexandra has worked on some of the most significant industrial relations cases of the past decade. For example, between 2016-2017, she instructed Counsel on behalf of the Australian Retailers Association in the penalty rates reduction case in the Fair Work Commission, which reduced penalty rates in modern awards in the retail and hospitality industries. This was one of the most significant cases in retail industry history in Australia. She also worked on a major High Court matter on behalf of Boral against the CFMEU which involved contempt of court and secondary boycotts, ultimately resulting in a successful High Court judgment for the client.

Adam Foster
A partner in the employment and safety team since 2023, Adam advises his clients on best practice workplace policies and frameworks in employment and industrial relations law. Adam helps his clients navigate the changes and issues that arise as employment and industrial relations laws change to ensure they have policies in place and are compliant from a regulatory perspective. When problems or disputes arise, Adam's clients value his calm manner and strategic approach. Adam is a 'workplace problem solver', and enjoys helping his clients find solutions to help improve workplace relationships to the benefit of the business and its employees. Adam advises on policy and contract preparation and development, unfair dismissals, terminations, workplace investigations, general protections disputes, enterprise bargaining, modern slavery compliance, underpayment reviews and disputes to clients in industries including education, health, construction, manufacturing, professional services and the not for profit sector.

Craig Petersen
Craig Petersen is President of the NSW Secondary Principals’ Council, the professional association representing approximately 500 principals of NSW Government Schools with secondary enrolments. Craig is the Principal of Denison College of Secondary Education, a multi-campus secondary college in the regional centre of Bathurst.  He was previously Principal, Forbes High School.  Under his leadership, both schools have been recipients of multiple awards, including the prestigious Director-General’s and Secretary’s Awards for School Achievement. Craig served on the Board of the NSW Education Standards Authority from 2017-19 and chaired the NESA Research and Technical Advisory Committee. Craig has delivered presentations at major conferences, including the Secondary Principals’ Council Annual Conference (Bathurst, Australia, 2014), Alberta Rural Education Symposium (Alberta, Canada, 2014), the International Confederation of Principals’ Conference (Helsinki, Finland, 2015, Capetown, South Africa, 2017 and Shanghai, China, 2019), NSW Rural & Remote Education Conference (Bathurst, Australia, 2016), Ignite the Spark Fuel the Fire: Leading Differentiation (Sydney, Australia, 2016), Rural and Remote School Excellence Journey (2018) and NSW English Teachers’ Association “Perspectives on Writing: From Theory to Practice” (2021). In 2014, Craig received both the Department of Education Educational Leadership Fellowship, and the NSW Secondary Principals’ Council’s Academy Research Fellowship to support his research into improving outcomes for students from disadvantaged backgrounds.

Lisa Flynn
As Chief Legal Officer, Lisa oversees the firm’s entire legal practice. Her passion, determination, and vast expertise set the example for all of the hardworking teams across each of the compensation law services Shine Lawyers offers.Lisa Flynn has dedicated her life to the pursuit of justice on behalf of her clients. No case is too hard, and no opponent is too big to take on.  Lisa has been with Shine Lawyers for more than twenty years and has shaped the firm's legacy across personal injury, class actions, and abuse claims; ensuring that all who need representation receive the best possible assistance. Her tenacity and strategic approach have solidified her reputation as a formidable advocate for those who have been wronged by powerful entities. In the field of personal injury, Lisa has consistently fought for the rights of those who have been injured due to the negligence of others. She has handled numerous cases involving workplace accidents, motor vehicle accidents, and public liability; securing fair compensation for her clients and making their journey to recovery less burdensome. Lisa's work in abuse claims has been particularly ground-breaking. She was among the first lawyers in the country to shine a light on the abuse suffered by survivors at the hands of the church and other organisations and she was a driving force in the establishment of the landmark Royal Commission into Institutional Responses to Child Sexual Abuse.  In July 2022, Lisa announced Shine Lawyers was spearheading arguably the most high profile abuse claim in Australian history against George Pell and the Catholic Archdiocese of Melbourne. She continues to be an unfaltering source of support and care for survivors and clients all over Australia and works with a number of community groups to advocate for change.

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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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