10 Points in One Day: Private and Commercial Practice
Issues covered include: family law, estate planning, testamentary trusts, asset protection, foreign trusts, solicitor disclosure obligations, ethical dilemmas, communication skills, contract law, strata update, procedures in litigation and property law.
Description
10 Points. 11 topical issues. One day for private and commercial practitioners. Earn your CPD points for the year in one go by attending the full day or register for the sessions that most interest you.
Attend and earn 10 CPD units including:
7 units in Substantive Law and Procedural Law
1 unit in Legal Ethics and Professional Responsibility
1 unit in Practice Management and Business Skills
1 unit in Professional Skills
Session 1
Family Law, Estates and Trusts Law
Chair: Andrew Freer, Principal, KJB Law; Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
7.30am to 8.15am: Family Law Update
In a time of change and challenge for family lawyers, gain an update about where things stand in parenting, property and all things in between.
Presented by Di Simpson, Partner, DDCS Lawyers; Market Leading Family & Divorce Lawyer and Leading Parenting, Custody & Children’s Matters Lawyer, Doyle’s Guide 2019
8.15am to 9.00am: Estate Planning Update
- Will drafting issues from some recent cases
- Advice to be given as to the nomination of executor
- When and how to approach advice as to jointly held assets of clients
- Strategies for protecting a deceased estate from attack by disgruntled beneficiaries
Presented by Tim Morton, Estates Director, Farrar Gesini Dunn; Leading Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
9.00am to 9.45am: Developments in Testamentary Trusts and Asset Protection Law
- Background: break down of a trust
- Bankruptcy and asset protection
- Family law and asset protection
- Re Amerind: corporate trading trusts
Presented by Stipe Vuleta, Director, Chamberlains Law Firm
9.45am to 10.30am: Taxation of Foreign Trusts under Australian Tax Law
- What is a foreign (non-resident) trust?
- Taxation of foreign trusts under sections 97 and 99B of the Income Tax Assessment Act 1936 (Cth)
- Capital gains within foreign trusts
- Foreign income tax offset for foreign trusts
- Application of double tax agreements
- Case study
Presented by Naomi Smith, Tax Partner, Nexia Canberra
Session 2
CPD Core Areas for all Lawyers
Chair: Uwe Boettcher, Principal, Boettcher Law
Practice Management and Business Skills
10.45am to 11.45am: Recurring Issues and Failures in Relation to Solicitor Disclosure Obligations and their Consequences
The recurring failures by solicitors in failing to satisfy obligations under the Legal Profession Act Pt 3 Point 2, particularly in relation to disclosure: the common traps.
Presented by Kim Chapman, Principal, LegalCost
Legal Ethics and Professional Responsibility
11.45am to 12.45pm: Ethical Dilemmas: Learning from Others’ Mistakes
Work through a practical series of ethical predicaments and real life examples to gain the knowledge, skills and strategies to ensure your ethical, and career, survival.
Presented by John Buxton, Consultant, McInnes Wilson Lawyers
Professional Skills
12.45pm to 1.45pm: Communication Skills and Managing High Conflict Matters
- Taking charge of volatile situations
- Managing stressful parties to an action
- How to make the client more presentable to the court and third-parties
- When to involve a third-party
Presented Stuart Cameron, Partner, Hijazi Curran Cameron Lawyers; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer and Leading Parenting, Custody & Children’s Matters Lawyer, Doyle’s Guide 2019
Session 3
Contracts, Property Law and Litigation Roundup
Chair: Archie Tsirimokos, Chair, Meyer Vandenberg Lawyers; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2019
2.15pm to 3.15pm: Contract Law Update: Paperless Contracts and Digital Signatures
- Deeds vs agreements: What is the difference? Why does it matter?
- Witnesses: When is a witness necessary, and why?
- Recent legislative changes, including section 38A of the Conveyancing Act 1919 (NSW)
- What are ‘Digital Signatures’? What are ‘Paperless Contacts’? What are the risks involved with ‘digital signatures’ and ‘paperless contracts’? What are the benefits, and business case? How does that compare to ‘wet ink on paper’?
- Risk mitigation strategies and other practical recommendations, including a live demonstration using AdobeSign
Presented by Allyson Hogan, Director; Accredited Specialist in Commercial Litigation, Namadgi Legal
3.15pm to 4.15pm: Strata Governance and Management Update
- An overview of recent ACAT decisions impacting mixed use developments in the ACT, including The Owners – Units Plan 3980 v SDNM
- A background to and summary of the impact of the mixed use legislative reforms on existing and new developments
- A focus on what this means for rules and governance arrangements for owners corporations and stratum lot owners under the new regime
Presented by Susan Proctor, Legal Director, Proctor Legal; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2019
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm: Procedural Issues on the Death, Bankruptcy, Administration or Liquidation of One of the Parties to Litigation – Will the Proceedings Abate and Will the Plaintiff’s Lawyers get Paid?
This practical session is for both general and specialist practitioners in all areas of court and tribunal-based litigation and all levels of experience. You will examine:
- The application of the rules as to abatement of causes of action or statutory rights in the hands of a plaintiff who passes away during the course of proceedings
- The provisions of the Bankruptcy Act 1966 and Corporations Act 2001 and the effect of bankruptcy of individuals or insolvency of corporations engaged in litigation
- The question of whether a plaintiff can and should proceed against the insolvent or deceased estate of a defendant
Presented by Robert Clynes, Barrister, Blackburn Chambers; Recommended Commercial Litigation & Dispute Resolution Barrister, Doyle’s Guide 2019
5.30pm to 6.30pm: Property Law Update
- Property legislation round-up
- Contract for Sale drafting issues from recent cases
- Leasing drafting issues from recent cases
Presented by Pria O’Sullivan, Partner, Maddocks; Recommended Property & Real Estate Lawyer, Doyle’s Guide 2019
Venue
Hyatt Hotel Canberra
Level 1, 120 Commonwealth Avenue
Yarralumla
Canberra 2600
ACT
Australia
Directions
The nearest train station is Canberra Train Station, Kingston ACT.
Parking
Valet parking for 60 vehicles is available at the Hyatt Hotel at a rate from $35 per day. 200 off-street car spaces surrounding Hyatt Hotel Canberra will be subject to payment and availabilities, the daily fee will be approx. $13.70 per day, Monday to Friday from 8:30am until 5:30pm. Parking is not included in the registration fee.