Government Regulators Exercising Powers

Join and examine crucial aspects of regulatory governance. Commissioner for Better Regulation Victoria, Cressida Wall, delivers a keynote followed by sessions covering case law highlights, recent developments in civil penalty proceedings, public interest immunity, and considerations in exercising discretion. Gain fresh perspectives on civil penalty regimes, public interest immunity claims, and the complexities of exercising discretion. WEB246V03

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair: Dan Star KC, Barrister, Owen Dixon Chambers West

9.00am to 9.20am Keynote Address from the Commission for Better Regulation Victoria
Evidence-Led Regulatory Reform and the Benefits to Regulators and Citizens

  • Understanding the risks/harms that regulators are charged with addressing, what is needed to support this: from up front approvals through to compliance and enforcement action
  • The burdens on the private sector and how government can alleviate them
  • Towards best practice for regulation and meeting citizen expectations

Presented by Commissioner Cressida Wall, Better Regulation Victoria, Economic Growth Victoria

9.20am to 10.00am Insights from the Bar: Case Law Highlights with a Focus on Criminal Enforcements

  • Key cases, their significance and implications for regulators
    • Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16 (24 April 2020)
    • National Heavy Vehicle Regulator v Birrell [2023] SASC 49
    • St Vincent's Care Services Ltd v The Queen [2022] VSCA 186 (2 September 2022)

Presented by Aggy Kapitaniak, Barrister, Foley’s List and Cheryl Richardson, Barrister, Foley’s List

10.00am to 10.40am Recent Developments in Civil Penalty Proceedings

  • The recent expansion of civil penalty regimes in Victoria
  • Recent issues in establishing liability
  • Determining penalties: the state of the law since ABCC v Pattinson

Presented by Matthew Peckham, Barrister, Owen Dixon Chambers West

11.00am to 11.20am Morning Tea

11.20am to 12.15pm Public Interest Immunity

  • The relevance of public interest immunity to regulators 
  • How to claim public interest immunity
  • Waiver of public interest immunity
  • Evaluating the strength of public interest immunity claims
  • Overview of key cases 

Presented by Lucy Line, Barrister, Foley’s List

12.15pm to 1.15pm Considerations in Exercising Discretion

  • Discretion under the rules
  • Considerations when exercising discretion
  • AFCA’s similarities and differences of differing government bodies and the impact of the exercise of discretion: a case study
  • Recent case law involving AFCA

Presented by Shail Singh, Lead Ombudsman Investments and Advice

Presenters

Dan Star KC
Dan has been at the Victorian Bar for over twenty five years and has been a Silk for approaching eight years. His practise is in cases in the Federal Court and the Supreme Court particularly in administrative law and regulatory matters across various areas of law. He has acted for and against a broad range of Commonwealth and State Ministers, departments and agencies in investigations and litigation. He has experience in cases involving regulators including the ACCC, the ASIC, the EPA and the Essential Services Commission. Dan is also briefed to provide written advice on matters of statutory interpretation. He has appeared in royal commissions and inquiries such as the Yoorrook Justice Commission (2023-2024) and the COVID-19 Hotel Quarantine Inquiry (2020). Dan holds a first class honours degree in law from the University of Melbourne. He is a writer/editor of the monthly "Federal Court Judgments" section in the Law Institute Journal published by the Law Institute of Victoria. Dan is the Chair of the Victorian Bar's Human Rights Committee.

Cressida Wall
Appointed Commissioner for Economic Growth and Better Regulation Victoria in January 2024, Cressida has a deep understanding of government from working across both public and private sector roles for two decades. In her previous role as Office of Projects Victoria CEO, Cressida oversaw transformative major projects reporting and policy reform. In previous roles as a senior adviser to premiers and government ministers and as a chief of staff, Cressida specialised in infrastructure policy, strategy, and major projects. To drive innovation and efficiency, Cressida advocates for strong collaboration between the private and public sectors. A commercial litigator by trade, Cressida has worked at Minter Ellison and Corrs, Chambers Westgarth and was a Director on the Board of State Trustees Victoria and an OPV Advisory Board Member. She established a private equity company and was the CEO of its property division. Cressida has also advocated to the government as the Victorian Executive Director of the Property Council of Australia.

Lucy Line
Lucy M.E. Line has practised as a barrister at the Victorian Bar and Tasmanian Bar for nine years. She specialises in regulatory and disciplinary matters, spanning the legal, education, medical and financial sectors.  Lucy’s regulatory and disciplinary experience includes: acting for the Victorian Legal Services Commissioner, acting for legal practitioners the subject of disciplinary proceedings, and acting for individuals seeking admission to the profession; acting for the Victorian Inspectorate in respect of investigations into a Victorian integrity body, including as counsel assisting the Victorian Inspectorate in compulsory examinations; acting for the Commonwealth Director of Public Prosecutions in respect of prosecuting breaches of the Corporations Act 2001 (Cth); acting for the Victorian WorkCover Authority with respect to occupational health and safety breaches; acting for Comcare with respect to defending occupational health and safety charges; acting for the Australian Health Practitioner Regulation Agency; acting for and against the Victorian Institute of Teaching; and appearing in commissions of inquiry.  Lucy is a Senior Fellow at Monash University, where she teaches Juris Doctor students, and is an Adjunct Lecturer at the University of Tasmania. Lucy also sits as a member of the ethics committee of the Victorian Bar. Prior to coming to the Bar, Lucy was a Judge’s Associate at the Supreme Court of Victoria, a solicitor at Corrs Chambers Westgarth, and worked as a legal officer at the Commonwealth Attorney-General’s Department. 

Aggy Kapitaniak
Over the past 13 years Aggy has developed a practice in Crime and quasi- criminal matters in all jurisdictions. Aggy has developed a varied practice including advising and appearing in regulatory matters, commissions of inquiry and IBAC. Her particular skill is in matters involving the intersection between employment and criminal law and corporate crime. With this experience, it has seen her also build a practice in OHS/Worksafe prosecutions and WHS. Aggy also appears in Employment law, Civil penalty,  Equal Opportunity and Discrimination matters. She is also an Accredited Advocacy Coach of the Bar and enjoys regularly coaching the Bar readers. Recently Aggy travelled to Papua New Guinea as a Victorian Bar delegate to teach at the Legal Training Institute as part of a Federal Government humanitarian program. Current Deputy Chair of the Human Rights Committee of the Bar; Former elected Committee member of the Criminal Bar Association; Former Committee member of Liberty Victoria; Research assistant, Clough & Mulhern, The Prosecution of Corporations, 2002, Oxford University Press; Current contributing author of Bourkes' Criminal Law - Lexis Nexis - Confiscation and Investigation Aggy holds an indictable Crime Certificate (ICC accreditation by the Bar)  and is Preferred Trial Counsel for VLA.

Cheryl Richardson
Cheryl has substantial experience in occupational health and safety including the conduct of investigations and associated proceedings. Prior to coming to the Bar, Cheryl was a Senior Legal Adviser at Comcare where she provided advice in relation to investigations and prosecutions conducted under the Work Health and Safety Act 2011 (Cth). Before Comcare, Cheryl was a Lead Lawyer at WorkSafe Victoria where she prosecuted offences under the Occupational Health and Safety Act 2004, Accident Compensation Act 1985 and Workplace Injury Rehabilitation and Compensation Act 2013. Cheryl was a solicitor at the Transport Accident Commission where she advised on and prepared proceedings in relation to statutory benefit disputes in the Victorian Civil and Administrative Tribunal, serious injury applications, and common law damages trials. Cheryl also has criminal law experience, having worked at the Office of Public Prosecutions. Cheryl managed a broad range of matters involving homicide, drugs and fraud. Cheryl was also a member of the Specialist Sexual Offences Unit. She regularly appeared in both the Magistrates’ Court and County Courts. 

James Stoller
James practises in public, commercial and common law.  Before coming to the Bar, James spent almost ten years as a solicitor.  Most recently, he was a Principal Solicitor at the Victorian Government Solicitor’s Office, specialising in administrative and regulatory law.  At the VGSO, he acted for government departments, regulators and other statutory agencies in judicial review, merits review and professional disciplinary proceedings.  He also advised government entities on statutory interpretation and statutory decision making. Before joining the VGSO, James was a Senior Solicitor in the Civil Law section at the North Australian Aboriginal Justice Agency in Darwin.  In that role, he specialised in administrative and common law litigation, with a focus on intentional torts.  Prior to that, James spent almost three years in commercial litigation at Logie-Smith Lanyon Lawyers, working on a broad range of commercial disputes. James also worked as a Senior Solicitor in the Proceeds of Crime directorate of the Office of Public Prosecutions, acting for the DPP in proceedings under the Confiscation Act 1997. James read with Christopher Archibald KC.

Shail Singh
Shail completed a law/science degree at the University of Melbourne in 1996 and commenced his legal career in 1997 at a top-tier Australian Law Firm Blake Dawson Waldron (now Ashursts). Since that time, Shail has worked both in-house, and as legal counsel for various regulators including Worksafe Victoria and the Medical Practitioners Board of Victoria. Shail completed his Masters in Law at the University of Melbourne in 2005, and in 2008 he left the law to train and work as a financial planner, completing his Advanced Diploma of Financial Planning in 2009 at Kaplan, before joining AFCA’s predecessor scheme, FOS, as a case manager in 2010. Shail was appointed as an Ombudsman at the commencement of AFCA in 2018, and then the Senior Ombudsman (Investments and Advice) in 2021. From January 2022 he was the Acting Lead Ombudsman Investments and Advice until he was officially appointed to the role in May 2023. Shail has now worked in dispute resolution for over a decade and is a specialist in Investments and Advice complaints. This includes financial planning, derivatives, managed funds, timeshare, cryptocurrency and stockbroking disputes.

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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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