10 Points in One Day: Private & Commercial Practice
Issues covered include: family law, wills, estates, trusts, insolvency, eTrials, trust deeds, SMSFs, employment law
Description
It’s been a busy year so we’ve included 11 timely topics in a myriad of areas of law, in our annual 10 Points in One Day program. Come and see why this unique program is always hotly anticipated. Attend the full day and complete your CPD for the year in one go or just register for the sessions that interest you.
Attend and earn 10 CPD units including:
1 unit in Legal Ethics and Professional Responsibility
1 unit in Practice Management and Business Skills
1 unit in Professional Skills
7 units in Substantive Law and Procedural Law
This conference was recorded in ACT on 28 February 2019
Session 1
Family Law, Wills and Estates Update
Chair: Kathryn Heuer, Director, Farrar Gesini Dunn; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
7.30am to 8.30am: Family Law Update
- ‘Addbacks’: Where are we up to?
- Superannuation pensions in the payment phase
- Relocation: interim and final
- What is happening with respect to the ALRC review of the Family Law system
Presented by Juliette Ford, Director, Farrar Gesini Dunn; Recommended Family & Divorce Lawyer, Doyle’s Guide 2018
8.30am to 9.30am: Wills and Estates: ACT Case Update
Recent ACT cases and legislative developments you need to know about.
Presented by Andrew Freer, Principal, KJB Law; Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
9.30am to 10.30am: Practical Estate Planning Strategies for Blended Families
- Income versus capital beneficiaries when structuring testamentary trusts
- Life interests and rights to reside when a surviving spouse may need aged care
- Agreements for loans of refundable accommodation bonds when a second spouse is a beneficiary
- Blended families with companies and family trusts
- Bespoke enduring powers of attorney and the rule in Narumon
Presented by Kellin Kristofferson, Principal, Artisan Law; Recommended Wills, Estates and Succession Planning Lawyer, Doyle’s Guide 2018
Session 2
CPD Core Areas for All Lawyers
Chair: Katie Innes, Director, Bradley Allen Love Lawyers
Practice Management and Business Skills
10.45am to 11.45am: Recurring Issues and Failures in Relation to Solicitor Disclosure Obligations and their Consequences
- The importance and value of effective communication in relation to costs issues
- How to avoid disputes with clients about costs issues
- The distinction between disclosure and fees agreements
- The requirement for ongoing disclosure
- Recent cases and developments
Presented by Kim Chapman, Principal, Legalcost
Legal Ethics and Professional Responsibility
11.45am to 12.45pm: #NoMore, #MeToo, Not Here: Now What?
In the wake of the storm and furore caused by the #MeToo scandal in the USA it is time to review our sexual harassment, discrimination and workplace bullying practices in legal firms as an ethical legal practice issue.
- A lawyer’s obligations to deal with sexual harassment and bullying in the workplace
- Changing a company’s culture to encourage timely reporting
Presented by Allison Ballard, Managing Partner, Adjacent Law & Health
Professional Skills
12.45pm to 1.45pm: How to Prepare for eLodgement and eTrials in ACT Courts
The ACT Supreme Court and Magistrates Court are to implement e-filing for court documents in the near future as part of the upgrade of the courts’ case management system. Attend this session and learn about:
- The introduction of electronic filing and an eLodgment portal for practitioners
- Plans to expand the use of electronic trials and hearings
- The operation of the Supreme Court’s Practice Direction No 3 of 2018 – Court Technology
- Practical insights on the use of technology in the ACT courts
Presented by Philip Kellow, Principal Registrar and Chief Executive Officer, ACT Courts and Tribunal
Session 3
Property, Trusts and Insolvency Update
Chair: Archie Tsirimokos, Chair, Meyer Vanberberg Lawyers; Leading Property & Real Estate Lawyer, Doyle’s Guide 2018
2.15pm to 2.55pm: Reviewing and Amending Trust Deeds
- Legal background
- The rule against perpetuities
- The court’s approach to reading trust deeds
- Tax Office rulings
- Appointment of new trustees
- Stamp duty implications
- Variations of deeds and recent cases
Presented by Brian Tetlow, Principal, Tetlow Legal; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2018
2.55pm to 3.35pm: Property Investments in Self-Managed Superannuation Funds (SMSFs)
- What property can be transferred to an individual’s SMSF?
- Property holding structures within the SMSF environment
- Borrowing through SMSFs including LRBAs
- Avoiding contraventions of the SMSF laws
Presented by Naomi Smith, Taxation and Superannuation Senior Manager, Nexia Canberra
3.35pm to 4.15pm: Insolvency Issues and the New Ipso Facto and Safe Harbour Regimes
- Ipso facto clauses: what they are and why they are used
- Understanding the new ipso facto stay regime: how it operates and the practical effect of the reforms
- Understanding the new ‘safe harbour’ reforms: aims, nature and practical effect
- The implications: how to best utilise the provisions, likely interpretation of the provisions, and ongoing obligations
Presented by Stipe Vuleta, Director, Chamberlains Law Firm
Session 4
Litigation Roundup
Chair: Philippe Lambert, RONIN and Inspired Corporation
4.30pm to 5.30pm: Employment Law Disputes
In this modern world workplace rules and regulations grow more complex every day. Your practice will benefit from an update on trends, developments and the latest cases including;
- Unfair dismissals
- Adverse action
- Bullying
- Common law and contract claims in executive employment
Presented by Jamie Ronald, Barrister, Burley Griffin Chambers
5.30pm to 6.30pm: Is the Plaintiff’s Claim Truly Statute Barred?
Focus upon legislative changes over recent years which have tended to lessen the guillotine impact on claims, and on the statute of limitations and rules of court. Examine a broad range of claims and issues such as:
- Permitting of extensions of time
- Suspension of running of time for those under disability or who were unaware of their rights due to deliberate concealment
- For personal injury claims the circumvention of the three year rule because of a late diagnosis (e.g. post-traumatic stress disorder)
- Tactical considerations on applications to tack on statute barred causes of action to an existing claim
Presented by Robert Clynes, Barrister, Blackburn Chambers; Recommended Commercial Litigation & Dispute Resolution Barrister, Doyle’s Guide 2018