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E ANYWHERE SAVE TIME & MONEY

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SYDNEY 7-15 SEPTEMBER

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SEMINARS ALSO AVAILABLE AS LIVE WEB SEMINARS AND VIDEO RECORDINGS 3

CONTRACT DRAFTING: ELIMINATING MISTAKES AND MANAGING RISK 179N03

TUESDAY, 12 SEPTEMBER 2017 2.00PM TO 5.15PM $480

“By failing to prepare, you are preparing to fail.” - Benjamin Franklin

Proper planning prevents poor performance, or in the case of a poorly drafted contract, the likelihood of costly litigation. Clear and precise drafting brings clarity to the terms of the agreement and avoids ambiguity.

» Chair: Gregory Martin, Partner, Martin Bullock Lawyers

Contract Formation: Letters of Intent, Heads of Agreement and Memoranda of Understanding• Preliminary agreements• Elements required for a binding contract• Masters v Cameron and the classes of preliminary agreements• Tips for effective preparation of preliminary agreements• Practical real world drafting examples » Presented by Steven Blanch, Partner, Henry Davis York

Shifting Liability and Risks: Indemnities, Liabilities, Exclusion Clauses and Consequential Loss • Contractual mechanisms to transfer risk• Limits on the application of indemnity provisions• Clarity in the operation of exclusion clauses• Consequential loss and why you might exclude it• Example clauses: what you want, and don’t want, in your contract » Presented by David Jury, Partner, HWL Ebsworth

Latest Developments in Unfair Contracts• Small business and standard term contracts• What is deemed unfair?• Consequences of void terms in standard form contracts• How consumer law protects against unfair contracts • Case studies and example clauses » Presented by Alison Choy Flannigan, Partner and Nicholas Heinecke, Special Counsel, Holman Webb Lawyers

What to do if, Despite all the Good Advice in this Seminar, the Contract Turns out to be Ambiguous?• The vexed question of whether you can tender documents

establishing the pre-contractual matrix of facts only if there is ambiguity… and in this context, is ‘ambiguity’ itself ambiguous?

• Can the contract be rectified to eliminate the ambiguity? Principles and recent cases dealing with this useful equitable remedy

» Presented by Robert Angyal SC, St James Chambers

ATTEND AND EARN

3 CPD units in Substantive Law 3 CPD

UNITS

SEMINAR ALSO AVAILABLE AS A LIVE WEB SEMINAR AND A VIDEO RECORDING

ATTEND AND EARN

RISE OF THE DRONES: LIABILITY FOR GOVERNMENT AND BUSINESS 179N02

TUESDAY, 12 SEPTEMBER 2017 9.00AM TO 1.15PM $480

The global market for commercial drones is estimated to grow to $127 billion by 2020, bringing with it significant implications for private and government entities. The rapidly growing market is being matched by a quickly evolving legal landscape. Get the latest on drone law directly from the Civil Aviation Safety Authority and leading lawyers in the area so you can remain at the cutting edge of this increasingly important area.

» Chair: Joe Urli, President, Australian Certified UAV Operators Inc and Director, Flight Operations, Airobotics

I N S I G H T S F R O M T H E A U T H O R I T Y

Regulatory Formality for Drone Operation in Australia• Overview of Commercial Drone Use• Opportunity in commercial Remotely Piloted Aircraft (RPA) use• Civil Aviation Safety Authority regulations » Presented by Scott Duffy, Team Leader, RPAS Operations, Safety

Assurance Branch, Australian Civil Aviation Safety Authority

Privacy Issues for Drone Operators • Current privacy implications and privacy liability issues » Presented by Michael Rivette, Barrister, Chancery Chambers

Issues for Commercial Drone Contracts: Procurement of RPAs and Engaging Contractors A review of contractual arrangements for commercial drone operations including key terms and legal requirements.

» Presented by Ben Martin, Partner, Norton White; Best Lawyers 2016, Aviation Law

Liability Issues for Drone Operators: One Eye on the Sky and One on the Ground• Analysis of the potential liability risks for drone operators• Failure to comply with the CASA Regulations• Insurance issues• Torts or trespass and nuisance » Presented by James Lawrence, Partner, Mills Oakley

ATTEND AND EARN

4 CPD

UNITS 4 CPD units in Substantive Law

SEMINARS ALSO AVAILABLE AS LIVE WEB SEMINARS AND VIDEO RECORDINGS

BEST IN THE BUSINESS OUTSTANDING SPEAKERS ANYTIME ANYW

HERE SAVE TIME & MONEY


5

ATTEND ALL DAY AND EARN


7 CPD


SESSION 1: MODERN ESTATE PLANNING $480

9.00AM - 1.15PM 179N04A

» Chair: Michaela Money, Principal/ Director, MJM Lawyers; Accredited Specialist in Wills & Estates Law

Integrating Superannuation into Estate Planning • Identifying beneficiaries and receiving superannuation tax effectively• The superannuation trust deed• Reversionary pensions• Death benefit nominations• Who controls the trustee? » Presented by Michelle Meyer, Consulting Principal, Keynote Legal

International Estates and Assets in Estate Planning• Dealing appropriately with the foreign element of the client

- Citizenship, domicile and residence - Asset location and control - Non-resident alien rules: hazards for the multi jurisdiction client

• Pitfalls when recommending trusts to ‘foreign families’ » Presented by Michael Perkins, Partner, Perkins Fahey Rosenblum

Wealth Governance and Compliance Obligations for Trustees• Trustee Act and Superannuation Industry (Supervision) Act • Compliance through sound wealth governance processes• Responding to enquiries: silence is no longer a strategy » Presented by Matthew Lock CPA, TEP, CGIA, Principal, Stewards

FMG

A Court Authorised Will as an Estate Planning Option• When to consider making an application for a court authorised will • Practice and procedure: all you need to know about preparing an

application for a court authorised will » Presented by Ramena Kako, Barrister, 13 Wentworth Selborne

Chambers

SESSION 2: CHALLENGES AND ISSUES IN ESTATE PLANNING $480

2.00PM - 5.15PM 179N04B

» Chair: Martin Gorrick, Law Lecturer, University of Technology, Sydney; Adjunct Lecturer in the Applied Masters of Law Course in Wills and Estates, College of Law

Managing Family Conflict in Estate Planning• Warning signs at the point of instructions• Is it possible to exclude an adult child from a will?• How do the notional estate provisions impact creative estate

planning?• Disputes that can arise in relation to superannuation death benefits » Presented by Anthea Kennedy, Partner, Teece Hodgson & Ward;

Accredited Specialist in Wills & Estates Law

Child vs Step-Child and De-Facto Relationships vs Partners: Changing Definitions• Identifying who is a child and who is a stepchild• When the relationship of the stepchild comes to an end• Utilising appropriate definitions in estate planning documents• Recent cases to consider » Presented by Margaret Pringle, Barrister, Chalfont Chambers

Conflicts of Interest in Managing a Trust • The role of an appointee in a trust • Fiduciary duties• Case study: Mercanti v Mercanti » Presented by Denis Barlin, Barrister, 13 Wentworth Selborne

Chambers

ESTATE PLANNING CHALLENGES 179N04

TUESDAY, 12 SEPTEMBER 2017 9.00AM TO 5.15PM $860

“There is no such thing as a one-issue client” A complex estate planning matter can involve everything from prickly trustee issues to blended family and stepchildren disputes to convoluted foreign asset and superannuation conundrums. Ensure you’re up to date on how it all fits together so you’re prepared for even the most challenging estate planning matter.

A very informative day. Excellent speakers

and materials.




7

FOOD LAW FORUM: ADVERTISING, SAFETY AND IP ISSUES 179N05

WEDNESDAY, 13 SEPTEMBER 2017 9.00AM TO 1.15PM $480

Food companies are under tremendous pressure from competitors and regulators when manufacturing, packaging, labelling and marketing food products. Ensure you or your clients are up to date with recent legal developments that impact the industry.

» Chair: Fiona Darwen, Senior Corporate Counsel, Nestlé Australia

The Food/Therapeutic Goods Interface: Where is the Line in the Sand? • Distinctions between foods and therapeutic goods• Therapeutic claims vs health claims in foods• The difference between an FSMP and a medicine » Presented by Dr Teresa Nicoletti, Partner, Mills Oakley

Managing the Commercial Risks of Food Safety Incidents• Financial and reputational risks of food safety incidents• Features that increase the risk of a food safety incident being the

subject of media and regulatory scrutiny• Statutory obligations and when to engage with regulators• Cost recovery; crisis preparation and planning » Presented by Madeleine Kearney, Associate Director, Ash St.

High Sugar Foods: Are the Sweet Days of Advertising Over?• Heinz v ACCC• Health claims: The stealth of nutritional allusions?• Where it’s heading and what it means for freedom of advertising?• The power of public health regulation: Is it a healthy tension? » Presented by Andrew Wiseman, Partner, Allens

Managing IP Issues and Advertising Risk • Brands including copyright • Rights in products: get up, packaging, recipes, know how• Advertising: clearance to minimise regulator and competitor risk• Disputes: forums in and out of court and planning your strategy » Presented by Odette Gourley, Partner and Alison Jones, Senior

Associate, Corrs Chambers Westgarth

Advertising Standards Board: Common Complaints and Impact on Reputational Risk• Trends in common complaints• What we can learn about how to avoid reputational risk• Celebrity blogging, recent amendment to the code of ethics » Presented by Elizabeth Beal, Legal and Policy Manager, Advertising

Standards Bureau

ATTEND AND EARN


UNITS

ASSOCIATES AND SENIOR ASSOCIATES: MAKING IT TO PARTNER 179N06

WEDNESDAY, 13 SEPTEMBER 2017 2.00PM TO 5.15PM $480

Want to advance your career and make partner? Unfortunately being a great lawyer isn’t enough. Building a successful career takes an understanding of the profession and its economics, the ins and outs of building a client base, strategies to be engaging, how to avoid the traps that can derail a career and more. Gain valuable insights into all of these areas from leading lawyers who’ve achieved success, all while gaining your CPD core area points.

» Chair: Luke Geary, Managing Partner, Salvos Legal

Practice Management & Business Skills How to Succeed in a Competitive Environment: What No One is Telling You• Don’t get left behind: where the legal profession stands now, where

it’s going, and where you fit in• The difference between being a good senior associate and being a

good partner• Understanding the economics of law and leveraging that information

for your career• Building and maintaining a client base: where to start, how to

succeed, and why being a good lawyer isn’t enough• The in-house trap: first-hand experience on why going in-house may

not be all it’s cracked up to be• Disaster averted: avoiding the pitfalls that can sink a career » Presented by Paul Hunt, Managing Director & Solicitor Director,

Moisson Lawyers

Professional Skills Talk Unlike a Lawyer• Presenting on the law without boring your audience to death• Writing to engage and explain, not soothe your own ego• Thinking like a journalist• Knowing your place (you’re not that special) » Presented by Michael Bradley, Managing Partner, Marque Lawyers

Ethics & Professional Responsibility Ethical Dilemmas: Learning from Others’ MistakesThe path to success in the legal profession is fraught with peril. Ethical dilemmas can quickly threaten to derail your goals. 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 Elizabeth Ticehurst, Special Counsel, KPMG Law

ATTEND AND EARN

1 CPD unit in Ethics & Professional Responsibility 1 CPD unit in Practice Management & Business Skills 1 CPD unit in Professional Skills

3 CPD

UNITS








9


With billions of dollars pouring into infrastructure and building and construction in NSW there’s no shortage of challenging contractual issues to sort out and potentially messy disputes to clean up. Gain insights into the latest developments sweeping through the sector.

7 CPD


INFRASTRUCTURE AND CONSTRUCTION CONFERENCE: CONTRACTS AND CLAIMS 179N07


SESSION 1: INFRASTRUCTURE AND MAJOR $480 PROJECT CONTRACTS

9.00AM - 1.15PM 179N07A

» Chair: Robert Riddell, Partner, Dentons

Procurement and a New Dawn for Bid Challenges• The legal implications of a badly run tender process• Causes of action, discovery and damages• The Government Procurement (Judicial Review) Bill 2017: a new

legal landscape for tender challenges, available remedies, and how procuring agencies should prepare

» Presented by Scott Alden, Partner, Holding Redlich

Managing Early Engagement in Projects• Consultant engagement: issues resulting from early client

engagement• Early Contractor Involvement: Why adopt ECI? What are the

disadvantages?• Working with project managers: addressing the challenges• The contract: Risk allocation and the technical documentation » Presented by Sonya Kroon, Partner, HWL Ebsworth; Recommended

Construction and Infrastructure Lawyer, Doyle’s Guide 2017

Innovation and Disruption in Infrastructure• Up to date insights on how technology is shaping the industry• 3D printing: the practical, financial and legal implications• Prefabrication: benefits, risks and what must be considered• Building information modelling: liability issues and risk allocation » Presented by Alex Hartmann, Partner, Baker McKenzie; Best

Lawyers 2018, Construction/Infrastructure Law; Recommended Construction and Infrastructure Lawyer, Doyle’s Guide 2017

Navigating the Planning Approval Process• Planning approval pathways: State significant development and

infrastructure, and environmental assessment for infrastructure• Appeal rights and the risks of merit and legal challenges • Other environmental approvals: CW approvals and NSW licences » Presented by Jeremy Farrell, Accredited Specialist in Planning &

Environment Law and Tim Poisel, Senior Associates, MinterEllison

Infrastructure and Major Project Financing• The market’s evolution in terms of hybrid models• The changing government framework• Key risk allocation and contractual implications » Presented by Martin Locke, Director, Lidunian Partners; Adjunct

Professor, The University of Sydney Business School

SESSION 2: CLAIMS AND DISPUTES $480

2.00PM - 5.15PM 179N07B

» Chair: Professor Ian Bailey AM SC, Wentworth Chambers

L E G A L A N D P R O J E C T M A N A G E M E N T P E R S P E C T I V E S

Delay and Disruption Claims in Major Projects • The programme• Programming concepts: critical path, float, contingency• Delay claims: global claims, notice requirements, basis for EOT• Delay analysis: records and methods (as-built vs as-planned,

impacted as-planned, windows analysis) » Presented by Lucas Keogh, Partner, HWL Ebsworth and Jonathan Shahady, Director, TBH

Claims, Limitation Periods and Warranties • Limitation periods for commencing a claim• Long life statutory warranties (eg 30 year design life) • How these warranties work • Various statutory limitation periods: Limitation Act (NSW) and

Environmental Planning and Assessment Act (NSW) » Presented by Anais D’Arville, Barrister, Banco Chambers and Jennifer Fitzalan, Senior Associate, Baker McKenzie

Dispute Resolution in Infrastructure and Major Construction Projects• Tiered dispute resolution clauses and their enforceability• Expert determination: selecting institutional rules, regulatory

framework and enforceability• DAB/ DRBs: Dispute Boards and issues surrounding drafting and the

processes in practice• Arbitration trends and updates » Presented by Georgia Quick, Partner, Ashurst; Leading

Construction and Infrastructure Litigation Lawyer, Doyle’s Guide 2017; Best Lawyers 2018, Construction/Infrastructure Law





11

ATTEND AND EARNATTEND AND EARN

3 CPD

UNITS 2 CPD units in Substantive Law1 CPD unit in Professional Skills

4 CPD


ASBESTOS AND SECONDARY CLAIMS 179N09

THURSDAY, 14 SEPTEMBER 2017 2.00PM TO 5.15PM $480

Asbestos and secondary litigation continues apace with the number of asbestos-related, mesothelioma and silica claims being made. Examine the most recent developments in the area with the latest member appointed to the Dust Diseases Tribunal of New South Wales, The Honour Judge Russell, along with leading medical and legal practitioners.

V I E W F R O M T H E B E N C H

» Chair and Opening Address: His Honour Judge David Russell, Judge of the District Court and member of the Dust Diseases Tribunal of New South Wales

Breach of Duty and Foreseeability: The Georgiou Case • Literature search approach• Industrial standards• Identity of defendant » Presented by David Andersen, Partner, HWL Ebsworth Lawyers

Local and Interstate Developments• Interest on compulsory contribution payments in NSW• Contribution in South Australia• Enforceable terms of settlement in Queensland » Presented by James Sheller, Barrister, New Chambers

M E D I C A L P E R S P E C T I V E

Professional Skills Diagnosing Asbestos-Related or Other IllnessesGain a respiratory physician’s perspective on issues of diagnosis and function assessment for diagnosing asbestos-related or other illnesses.• Diagnostic tools• Difficulties in diagnosis• Examples, including asbestosis vs IPF• Role of co-morbidities » Presented by Associate Professor David McKenzie, Respiratory

and Sleep Medicine, University of NSW, Prince of Wales Hospital and Prince of Wales Private Hospital, Randwick

DECISION MAKING AND REASON WRITING 179N08

THURSDAY, 14 SEPTEMBER 2017 9.00AM TO 1.15PM $480

The Li decision allows for further exploration into what constitutes a reasonable decision and when to apply ‘unreasonableness to a decision which lacks an evident and intelligible justification’. Statutory construction is a perennial issue and decision making by the Immigration Assessment Authority (IAA) and privacy have come under the spotlight. It’s a lot to consider, so we’ve assembled some of the best and brightest to put it all into context and deliver the practical insights you need to know.

» Chair: James Glissan, ESM QC, H B Higgins Chambers

The Meaning of Unreasonableness Since Li• Is there a default standard for decision making, and if so, what is it?• How is ‘unreasonableness’ proved?• Strategic considerations unique to this ground of review » Presented by Eraine Grotte, Barrister, Jack Shand Chambers

Statutory Construction for Decision Makers• Overview of general principles of statutory construction• Lessons learned from recent developments » Presented by Theresa Power, Barrister, 12 Wentworth Selborne

Chambers

Fast Track Decision Making by the Immigration Assessment Authority: The State of Play• Background to its establishment and the legislative scheme: an

introduction• The IAA before the courts: a case law review • Current issues, emerging trends and future prospects: an assessment » Presented by Dr Stephen Tully, Barrister at Law, 6 St James’ Hall

Chambers

Privacy and Freedom of Information Considerations in Decision Making and Reason Writing • Privacy law update and its impact on decision making and reason

writing• The decision making process and granting or refusing access to

information • Case study: analysis of the Tikiri case and its privacy law implications » Presented by Dr Juliet Lucy, Barrister, 10th Floor Chambers

ANNUAL8TH

Fantastic opportunity to learn first hand from

leading specialists





13

7 CPD

UNITS

FILM AND TELEVISION LAW CONFERENCE 179N10



7 CPD units in Substantive Law

SESSION 1: CONTENT, ADVERTISING AND EMPLOYMENT $480

9.00AM - 1.15PM 179N10A

» Chair: Georgina Waite, Head of Business Affairs, Australian Broadcasting Corporation

It’s Not the Size of the Camera But How You Use It: Content Gathering and the Law• Trespass and entering private or public land• Use of drones, cameras, and recording devices• Using leaked documents and confidential sources for research • Misleading and deceptive conduct when seeking information » Presented by Grant McAvaney, Team Leader, Disputes, Australian

Broadcasting Corporation

Ob-Docs and Bio-Pics: Dealing with the Subject• ‘Life Rights’ What does this mean in Australia?• Dealing with individual subjects and family members• Negotiating access agreements with institutions• True life vs docu-dramas » Presented by Michael Easton, Principal, Michael Easton Legal

Advertising, Brands and Social Influencers • Promotions and marketing of projects• Product placement• Engaging talent » Presented by Stephen Digby, Principal, DVM Law

L E G I S L AT I V E R E F O R M S

Media Law Reform• Change in ownership requirements• Regulatory considerations in the film and TV industry• Content Review update » Presented by Patrick Fair, Partner, Baker McKenzie

Employment Issues: No, Low, or High Budget Projects • Deferrals vs re-investments• Budgets too low to pay award rates; volunteer issues• Insights on the age old employee vs contractor issue • Should, or how, things differ with higher budgets• Regulatory and industrial relations issues » Presented by Jenny Lalor, Principal, Lalor Law and Oscar O’Bryan

and Nicolina Lademann, Senior Associates, Marshalls + Dent

SESSION 2: FILM AND TV CONTRACTS AND OFFSETS $480

2.00PM TO 5.15PM 179N10B

» Chair: Jane Supit, Head of Legal Services, Screen Australia

Australian Tax Offsets for Film, TV and Online Productions• Analysis of the three offsets: location, PDV and producer offsets• Administering offsets: Income Tax Assessment Act 1997 • Rules, guidelines, and the Tax Administration Act 1953• Producer offset: eligibility, SAC, format, documentary, QAPE, and

arm’s length provisions• Co-productions: key considerations » Presented by Jane Supit, Head of Legal Services, Screen Australia

A Tale of Two Distribution Agreements• Real world examples of what works and what will cause problems• Where your bargaining position lies • Back end and net profit deals: accounting hazards• Practically applying contractual principles in film and TV » Presented by Rebecca Hardman, Head of Legal & Business Affairs

(Aus), See-Saw Films

Contracting Curveballs: Film and TV Financing • Working with foreign currency • Managing co-financier risk • Dealing with multiple lenders, priorities and the PPSR• Managing and papering multiple approvals » Presented by Kris Darmody, Senior Lawyer, Simpsons Solicitors

S TAT E O F T H E I N D U S T RY Q & A

Industry Issues, Priorities and Perspectives Bring your questions to this interactive panel discussion featuring insights from those working at the coalface of the film and TV industry.

» Moderator: Sonia Borella, Strategy, Commercial & Legal Adviser (Media, Entertainment & Technology)

» Panellists: Debra Richards, CEO, Ausfilm James Cheatley, Manager, Policy and Government Relations, Screen Producers Australia Jane Supit, Head of Legal Services, Screen Australia

The hottest topics and the best speakers in film and television law. We’ve packed in 9 timely and practical sessions delivered by a diverse range of general counsel, leading lawyers, and industry insiders who will offer their unique insights into the sector.

ANNUAL10TH





15

NOT-FOR-PROFITS AND CHARITIES: REGULATORY AND COMPLIANCE FORUM 179N11

FRIDAY, 15 SEPTEMBER 2017 9.00AM TO 1.15PM $480

Hear from the ACNC on regulatory requirements, take a deep dive into ATO tax exemptions, gain insight into the office bearers’ duties and legal liabilities, and learn how to protect assets and IP.

» Chair: Sally Ascroft, General Counsel/Company Secretary, Mission Australia

Don’t Tell Me What to Do or Say - Whose Organisation is it Anyway?How does a NFP or charity demonstrate its non-profit purpose and how does that affect independence and innovation? This address will give the Regulator’s perspective on the role and governance of NFPs and charities and emerging issues for the sector.

» Presented by Murray Baird, Assistant Commissioner General Counsel Australian Charities and Not-for-Profit Commission

Tax Review for Not-for-Profits and Charities• Applying the meaning of Public Benevolent Institution• Ensuring profits meet the charitable purposes test• Building fund, reserves and tax exemptions » Presented by Jonathan Casson, Partner, HolmanWebb Lawyers

Asset Protection for Not-for-Profits• Separation of operations and assets; potential tax issues• Charity concessions: application of the Word Investments case• Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 » Presented by Vera Visevic, Partner, Mills Oakley

Duties of Governors of Not-for-Profits and Charities• Overriding duty: the organisation’s purpose• Common law and statutory duties • Other duties: health and safety, taxation, Fair Work Act,

discrimination and privacy » Presented by David Ford, Partner, Emil Ford Lawyers

IP and Data Risk Management for Not-for-Profits• Data handling and data breach reporting• Data linkage projects and protecting confidential information• Information risk and security• Trade marks and protection of reputation » Presented by Peter Leonard, Principal, Gilbert + Tobin

ATTEND AND EARN


UNITS

LITIGATION MASTERCLASS: INJUNCTIONS, APPLICATIONS AND COSTS 179N12

FRIDAY, 15 SEPTEMBER 2017 2.00PM TO 5.15PM $480

Do you want to stand out in the courtroom? Do you want to fine-tune your litigation skills? Then join us for an afternoon with some of the finest litigators who will share their experience and insights.

» Chair: Julian O’Sullivan, Barrister, 13 Wentworth Selborne Chambers

Using Injunctions and Freezing Orders to Gain Leverage, Protect Rights and Win Cases• Principles, procedures and important court rules • Timing issues: when injunctions are most effective• Potential objectives and strategies• Interlocutory proceedings and successfully opposing injunctions » Presented by Kevin Andronos SC, Eleven Wentworth Chambers

Permissible Re-litigation or an Abuse of Process? • Res judicata and issue estoppel: What’s the difference?• Addressing submissions made that what is sought to be achieved is

an abuse of process• Why it is important to clearly articulate the issue submitted for

determination by a court or tribunal in particular proceedings » Presented by Andrew Bailey, Barrister, Fourth Floor Selbourne

Unusual Costs Orders: When Costs Just Don’t Follow the EventAn examination of when costs can be ordered against a third party, between defendants and against legal advisers.

» Presented by Flo Mitchell, Special Counsel, Aitken Lawyers; Accredited Specialist in Commercial Litigation

PA N E L D I S C U S S I O N

Managing Large Scale Litigation Lessons learned from large matters, long trials, high stakes and many moving parts • Matter management: documents, witnesses, experts and

associated costs• The benefits and detriments of technology• Creating a seamless team of barristers and solicitors• Client service in multi-client cases• Cost risks in large litigation and settlement strategies » Ian Roberts SC, Greenway Chambers Richard Burbidge QC Karen Ingram, Partner, Clayton Utz: Best Lawyers 2017, Litigation and Alternative Dispute Resolution

ATTEND AND EARN

3 CPD units in Professional Skills 3 CPD

UNITS





17COMPETITION AND CONSUMER LAW: A BRAVE NEW WORLD 179N14

FRIDAY, 15 SEPTEMBER 2017 2.00PM TO 5.15PM $480

Australia’s biggest shakeup in competition and consumer law in decades will have a profound and immediate impact. Get up to speed in one afternoon with 4 concise, practical sessions from leading experts in the field who will break down the most important parts of the reforms.

» Chair: Tania Juric, General Counsel – Australia and New Zealand, HP

Misuse of Market Power: Section 46 • Losing the connection between market power and conduct • Uncertainties around the application of the ‘effects’ test• ACCC enforcement and priorities » Presented by Peta Stevenson, Partner, King & Wood Mallesons;

Best Lawyers 2018, Competition Law; Leading Competition & Consumer Protection Lawyer, Doyle’s Guide 2016

Concerted Practices: And now for Something Completely Different• Proposed new prohibition on concerted practices that have the

purpose or effect of substantially lessening competition• The concept of concerted practices in Europe • Potential practical implications in Australia » Presented by Ross Zaurrini, Partner, Ashurst; Best Lawyers 2018,

Competition Law

Cartel Conduct and the Joint Venture Exception Limitations of the exception prior to the Harper amendmentsThe increased scope of the joint venture exception Requirements to qualify for the joint venture exceptionThe vertical restraint exception to cartel conduct

» Prepared by Ayman Guirguis, Partner, K&L Gates; Best Lawyers 2018, Competition Law

Merger Reviews and Authorisations • Recent trends in ACCC merger analysis • Tribunal authorisations • Harper Reforms: the practical implications » Presented by Jacqueline Downes, Partner, Practice Leader,

Competition Law, Allens; Best Lawyers 2018, Competition Law; Recommended Competition & Consumer Protection Lawyer, Doyle’s Guide 2016

ATTEND AND EARN


UNITS

ATTEND AND EARN

4 CPD


FRANCHISING: DEVELOPMENTS, DISPUTES AND DEBATES 179N13


Analyse new legislation and recent regulatory developments; dissect the current debate regarding industry standards and developments, and explore common areas in dispute.

» Chair: Sean O’Donnell, Partner, HWL Ebsworth; NSW/ACT State President, Franchise Council of Australia

Franchisor Liability for Franchisee Workplace Contravention: Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017Consider the impact of this proposed legislation on franchisors and franchisees and review potential areas for workplace breaches

» Presented by Gerard Phillips, Partner, K&L Gates

Franchise Agreements, Leases and Unfair Contracts• Unfair contract terms and its implications for Franchise agreements » Presented by Andrew Grima, Principal, and Racha Abboud, Senior

Associate, Coleman Greig

IP, Advertising, Privacy and the Franchise Relationship• The importance of brand protection and enforcement• Social media in franchising: risks and rewards• Marketing and advertising fund clauses in franchise agreements• Mandatory data breach implications for franchisors » Presented by Judith Miller, Commercial National Practice Leader,

WRAYS

I N S I G H T S F R O M T H E A C C C

ACCC and Enforcement Action against Breaches of Code• ACCC’s role: dual education and enforcement function• Concerning trends in franchise sector on ACCC’s radar• ACCC’s processes for dealing with non-compliance• Code contraventions and other current ACCC priority areas » Presented by Kristie Piniuta, Director, Small Business & Industry

Codes, Australian Competition & Consumer Commission

H E A R F R O M T H E O F F I C E O F T H E F R A N C H I S I N G M E D I AT I O N A D V I S E R

Resolving Franchising Disputes under the Franchising Code of Conduct » Presented by Derek Minus, Franchising Mediation Adviser, Office

of the Franchising Mediation Adviser


19

NATIONAL FAMILY LAW SERIES: PROPERTY MATTERS, PRACTICE AND PROCEDURE 179N15




This is Part 1 of our unmissable Family Law series examining the latest developments in family law financial and property matters in the courts. Join two esteemed Justices and an experienced panel of experts who will offer high level insights and practical guidance to help you navigate the grey areas of family law practice.

SESSION 1: PRACTICE, PROCEDURE AND $480 FINANCIAL MATTERS

9.00AM - 1.15PM 179N15A

» Chair and Opening Address: The Hon Justice Peter Rose AM QC, Former Justice of the Family Court

A New System? Affordable Family Law? Proposed Amendments to the Family Law Act explainedThe first comprehensive review into the Family Law system in more than 40 years includes a plan to spend $12.7 million to create Parenting Management Hearings – designed to simplify family law disputes between self-represented litigants. However the proposals go well beyond that and potentially could fundamentally change the practice of family law in Australia.

» Presented by Richard Maurice, Barrister, Edmund Barton Chambers

Left in Debt When the Relationship Breaks Down: The Treatment of Debt in Property Adjustment Cases• The gullible mortgagor• When the taxman comes• High living on credit• Life after bankruptcy• Post-separation spending• Allocating debt between spouses in property adjustment cases• Part VIIIAA and the effect on creditors » Presented by Christopher Othen, Barrister, Waratah Chambers

Preserving Assets During Family Law Proceedings• Injunctions• Maintenance and conservation of assets• Use of income versus use of capital » Presented by Melinda Di Condio, Special Counsel, HortonRhodes

The Impact of Legal Profession Uniform Law on Family Law Costs • How to survive a costs assessment • The types of Costs Orders the Family Courts can make » Presented by Michael Paul, Special Counsel, Mills Oakley;

Accredited Family Law Specialist

7 CPD

UNITS

SESSION 2: COMPLEX PROPERTY SETTLEMENTS $480

2.00PM TO 5.15PM 179N15B

» Chair and Opening Address: The Hon Justice Stuart Fowler AM, Former Justice of the Family Court

Cross-Vesting and Jurisdiction• Property disputes arising upon divorce that affect third parties,

including business partners and creditors• Cross-vesting, jurisdiction and how, when and where to address

those effects » Presented by Natasha Case, Barrister, Greenway Chambers

Property, Equity and Family Law• The principles of equity and their application to the setting aside of

nuptial agreements• The court’s approach to the relevant provisions of the Family Law Act

and their approach to duress and unconscionability in that context » Presented by Terrence Lynch SC, Greenway Chambers

Binding Financial Agreements: Update on the Family Law ActA consideration of the High Court appeal in Thorne v Kennedy as to the circumstances in which a financial agreement may be set aside on equitable grounds. Explore the impact on your clients, your practice and how you should approach binding financial agreements in the future. Delegates would be aware that the hearing of the High Court appeal is scheduled for 8 August 2017 and it is hoped that a decision is available by the time of the conference.

» Presented by Gillian Eldershaw, Barrister, Culwulla Chambers

Assessing Interests and Contributions in Family Law Property Cases• Delve into actions that could be considered negative contributions

on the part of a party • How to approach these issues in practice » Presented by Dr Martha Barnett, Barrister, Culwulla Chambers





21

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WOMEN IN LAW: INFLUENCE AND ADVANCEMENT 179Q07

THURSDAY, 7 SEPTEMBER 2017 2.00PM TO 5.15PM $480

“If trailblazing were easy the road would be paved.” Share an afternoon with some of the most inspiring women talking leadership, communication skills and rising to the top.

Ethics & Professional Responsibility Countering Unconscious Gender Bias Institutional unconscious bias towards women is prevalent in the legal profession. How can we react constructively when confronted with individual instances of unconscious bias?

» Moderated by Her Honour Magistrate Previtera, Brisbane Magistrates Court

» Presented by Professor Elena Marchetti, Griffith Law School, Griffith University

Professional Skills Leadership Skills: Leading with Purpose and Influence • Different leadership styles between men and women• Tips for developing a strong, recognisable professional identity• How to communicate confidently and with presence• Tackling difficult conversations and effectively motivating colleagues • Body language and unspoken communication » Moderated by President Fleur Kingham of the Land Court of QLD » Panellists: Her Honour Judge Deborah Richards, District Court of Queensland Sarah Thornton, General Counsel & Company Secretary, Brisbane Airport Corporation Pty Limited Victoria Hepburn, Partner, MinterEllison Teresa Dyson, Consultant, McCullough Robertson Lawyers

Practice Management & Business Skills Career Advancement for Women Lawyers • ‘Making the next move’: negotiating tactics for promotions • How should you calculate your worth in pay negotiations?• Other opportunities besides partnership, and how to get them• How a mentor can help your career, and where to find one » Moderated by Kathryn McMillan QC, Head of Quay 11 Chambers

» Panellists: Professor Elena Marchetti, Griffith Law School, Griffith University Kiri Parr, Principal and Regional Legal Counsel, Arup Cassandra Heilbronn, Senior Associate, MinterEllison Ellie Rentoul, Relationship, Business and Life Coach, Ellie Rentoul Business + Life Coaching

ATTEND AND EARN

1 CPD unit in Ethics & Professional Responsibility1 CPD unit in Practice Management & Business Skills1 CPD unit in Professional Skills

3 CPD

UNITS

NATIONAL PROGRAM WEBCAST LIVE ONLINE TO YOU ALSO AVAILABLE AS A RECORDING

23

7 CPD

UNITS

WORKPLACE LAW SERIES: MODERN ISSUES AND INDUSTRIAL RELATIONS 179V05




The modern workplace is a pit of potential risk. What may begin as an innocuous incident could turn into a claim worth thousands or in some cases, millions of dollars. What can a workplace do to protect itself? This nationally focussed program will examine the latest law, developments and controversial areas affecting workplaces and industrial relations.

SESSION 1: MODERN WORKPLACE ISSUES $480

9.00AM - 1.15PM 179V05A

» Chair: William Alstergren QC, Aickin Chambers

Flexible Work Arrangements: Making it Work • The increased right to flexible work (including for parental leave,

dad/partner pay) • Consequences of non-compliance• When are grounds reasonable for not allowing these arrangements » Presented by Steven Troeth, Partner, Gadens

Workplace Investigations: How to Get them Right• When there has been a breach of policy or law or a complaint such

as bullying or sexual harassment has been raised, what should an employer do?

• Obtain tips on advising your client (the employer) on how to protect their business by conducting a fair and effective workplace investigation

• Consider whether it necessary to have an external investigation • Examine the consequences of getting it wrong » Presented by Chris Egan, Partner, HWL Ebsworth Lawyers

Penalties and Criminal Charges for Work Related Health and Safety Breaches• Individual criminal liability of employees and officers under health

and safety legislation• Recent and proposed changes to penalties• Charges under general criminal legislation• Approach of the courts: recent cases » Presented by Chris Molnar, Partner, McKean Park Lawyers;

Accredited Specialist in Workplace Relations

Corporate Social Responsibility and Labour Issues The new frontier of corporate social responsibility is now focusing on imposing transparency obligations on businesses to address modern slavery in their local and global supply chains. Examine the phenomenon of modern slavery, explore how supply chain transparency legislation is trying to eliminate this problem and consider what it all means for your company or your clients.

» Presented by Sunil Rao, Special Counsel, Baker & McKenzie

SESSION 2: INDUSTRIAL RELATIONS UPDATE $480

2.00PM - 5.15PM 179V05B

» Chair: Anna Forsyth, Barrister, Joan Rosanove Chambers

K E Y N O T E A D D R E S S

Keynote: Update from the Fair Work Commission » Presented by Richard Clancy, Deputy President, Fair Work

Commission

Whistleblower Laws: Where to from Here?• Current protections for whistleblowers in the public and private

sector• Whistleblowing provisions of the Fair Work Act and the Fair Work

(Registered Organisations) Act • The Parliamentary Inquiry and future reform » Presented by Josh Bornstein, National Head of Employment Law,

Maurice Blackburn Lawyers; Preeminent Employment Lawyer, Doyle’s Guide 2017

The Regulation of Independent Contractors: Is the ‘Gig’ Economy Already an Endangered Species? • With ever growing regulatory burden, should a business bother

with engaging independent contractors at all?• Can new work practices in the online economy avoid the

Fair Work Act? » Presented by Rob Jackson, Partner, Rigby Cooke Lawyers;

Accredited Specialist in Workplace Relations Law

Accessorial Liability Under the Fair Work Act and Measures to Combat Worker Exploitation • How individuals can be personally liable under the Act for the

actions of their organisation or clients - An overview of the ‘accessorial liability’ provisions of the Act - Case studies involving individual liability

• Tips to minimise personal risk • The impact of the Fair Work Amendment (Protecting Vulnerable

Workers) Bill 2017 for individuals and organisations » Presented by Karl Rozenbergs, Partner and Melinda Bell, Senior

Associate, Hall & Wilcox

NATIONAL PROGRAM WEBCAST LIVE ONLINE TO YOU ALSO AVAILABLE AS A RECORDING

SEMINARS ALSO AVAILABLE AS A LIVE WEB SEMINAR AND VIDEO RECORDING




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Aged Care And Retirement Village Law: Legal Issues in the Care of Residents

OND176N01A 4 $480

Aged Care And Retirement Village Law: Key Financial and Privacy Issues

OND176N01B 3 $480

ENVIRONMENTAL LAW

Planning and Environment Law: Reforms and their Practical Applications

OND173N11 4 $405

GOVERNMENT LAW

Government Law Roundup OND173N28A 4 $480

CPD Compulsory Units for Government Lawyers OND173N28B 3 $480

IN-HOUSE COUNSEL

10th Annual In-House Counsel Conference OND173N10 7 $710

INTELLECTUAL PROPERTY

Latest Developments in Intellectual Property OND173N02A 4 $480

CPD Compulsory Core Units for Intellectual Property Lawyers OND173N02B 3 $480

PERSONAL INJURY

Civil Claims for Institutional Abuse OND176N07 3 $480

PROPERTY

Issues in Conveyancing Practice OND179N16A 4 $480

* Practitioners in NSW may claim up to 5 CPD points by listening to seminar recordings per CPD year

To register and view the full seminar recording list visit:www.legalwiseseminars.com.au/viewseminarrecordings

*FOR FULL TERMS AND CONDITIONS Please visit www.legalwiseseminars.com.au Early Bird Offer: Register and pay by 4 August 2017 to receive the early bird price. Cancellation Policy: You may nominate a replacement delegate to attend in your stead at any time. If you notify us in writing more than 5 working days prior to the event you may choose to: i. Obtain a credit for future use (valid for 24 months and cannot be exchanged for a refund) ii. Obtain a full refund iii. Transfer to another available seminar/ conference. If you notify us in writing within 2-5 working days prior you will be charged an administration fee of $75 for a half day, $150 for a full day. With the remaining balance you can choose to: i. Obtain a credit for future use (valid for 24 months and cannot be exchanged for a refund) ii. Transfer to another seminar/conference in any format and pay the differ ence. Any cancellations within 48 hours of the seminar will be charged the full payment and no refund or credit will be issued. Transfer Policy: Transfers between different formats are allowed without penalty more than 5 days working days prior to the event. For any amendments within 5 working days please see our Cancellation Policy: All notifications should be forwarded to [email protected]

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7 CPD

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2ND ANNUAL CREDIT LAW SYMPOSIUM 179N01


ATTEND FULL DAY AND EARN


What do you really want from a credit law and fintech event? An independent, information-packed program? We’ve assembled the key regulators, the thought leaders and the best speakers to focus on the practical issues that will impact your practice. Efficiency and value? Spend just one day in Sydney or viewing a live webcast where you can pick and choose the content relevant for you, all at a great value. Make the wise choice: a comprehensive credit law and fintech event with independence, focus, innovation and value.

Endorsed by

PLENARY SESSION

9:00AM - 11:25AM

» Chair: Geraldine Gremin, Legal & Industry Affairs Manager, Australian Retail Credit Association

9.00 – 9.05 Opening Remarks from the Chair

9.05 REGULATOR UPDATE: ASIC » Presented by Kevin Foo, Senior Manager - Deposit Takers, Credit &

Insurers, Australian Securities and Investment Commission

9.50 OMBUDSMAN’S UPDATE: The EDR One Stop Shop: Where to Next?

» Presented by Tim Gough, Deputy Ombudsman, Credit and Investments Ombudsman Service and Philip Field, Lead Ombudsman - Banking & Finance, Financial Ombudsman Service Australia

10.55 INDUSTRY UPDATE: Trends, Fintech and What’s on the Horizon

» Helen Gordon, Chief Executive Officer, Australian Finance Industry Association Nigel Bond, General Counsel - Wealth, Australian Banking & Technology, Westpac Sally MacKenzie, Senior Policy Adviser, Customer Owned Banking Association

CREDIT LAW & COMPLIANCE – STREAM A

11:40 AM – 5:15 PM

» Chair: Andrea Beatty, Consulting Principal, Keypoint Law

11.40 Responsible Lending: A Clearer Understanding of Financial Hardship

» Presented by Narelle Smythe, Partner, Clayton Utz

12.25 Privacy and Data Hot Issues » Moderator: Andrea Beatty, Consulting Principal, Keypoint Law Frances Russell-Mathews, Head of Legal and Company Secretary, Experian Credit Services Australia Olga Ganopolsky, General Counsel – Privacy and Data, Macquarie Group Limited

1.55 Ethics in and their Role in Providing Legal Services » Presented by Pauline Vamos, Director, The Banking and Finance

Oath; Immediate past CEO, The Association of Superannuation Funds Australia

2.40 Flex Commissions Prohibition, Insurance Add-Ons, and Extended Warranties: Headwinds in 2018 - Are you Ready for Change?

» Presented by Steven Klimt, Partner, Clayton Utz and Daniel Tirado, Senior Corporate Counsel Toyota Finance Australia Limited and Sessional Academic Faculty of Law, UTS

3.45 AML CTF Update » Presented by Tony Coburn, Consultant, Head of Banking

Regulatory (Australia), Herbert Smith Freehills

4.30 Mortgage Broker Remuneration – Are They Next? » Presented by Peter White, Executive Director, Finance Brokers

Association of Australia

5.15 Closing Comments by the chair

FINTECH AND REGTECH – STREAM B

11:40 AM – 5:15 PM » Chair: Shannon Adams, Partner, Piper Alderman

11.40 The Evolving Payments Landscape: Looking at the Big Picture

» Claire Gilmartin, Partner - Audit & Assurance and Dhun Karai, Partner – Financial Advisory, Grant Thornton Australia

12.25 Distributed Ledger Technology » Presented by Adrian Lawrence, Partner, Baker McKenzie

1.55 Big Data, Open APIs, Data Sharing, and the Credit Industry

» Presented by Amy Ciolek, Senior Associate, Ashurst

2.40 RegTech and ICO Q&A Sessions

Q&A 1: RegTech » Julian Fenwick, Managing Director, Governance Risk &

Compliance Solutions Anthony Quinn, Co-Founder and CEO, Arctic Intelligence

Q&A 2: Initial Coin Offering: Where to for the Regulator (ASIC)?

» Shannon Adams, Partner, Piper Alderman Dr Adrian McCullagh, Principal, ODMOB Lawyers; International Blockchain Intellectual Property Committee, Standards Australia

3.45 Cyber Security: Mandatory Data Breach Reforms and What you Need to Know

» Presented by Nick Mavrakis, Partner and Edmond Park, Senior Associate, Clayton Utz

4.30 Future Gazing: Technology and the Future of Finance, Credit And Lending

» Panellists: Ben Taylor, HarMoney, General Manager Australia, HarMoney George Lucas, Acorns CEO & MD Acorns Grow Australia Limited Shannon Adams, Partner, Piper Alderman

5.15 Closing Comments by the Chair

Very informative and relaxed; high

level content

STREAM A STREAM BOR

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Seminar Name CodeEarly Bird Price

Std. Price

Face -to- Face

Live Web

Seminar Record-

ing

Rise of the Drones: Liability For Government and Business 179N02 $395 $480

Contract Drafting: Eliminating Mistakes And Managing Risk 179N03 $395 $480

Estate Planning Challenges 179N04 $760 $860

Session 1: Modern Estate Planning 179N04A $395 $480Session 2: Challenges and Issues in

Estate Planning 179N04B $395 $480

Food Law Forum: Advertising, Safety And IP Issues 179N05 $395 $480

Associates and Senior Associates: Making it to Partner 179N06 $395 $480

Infrastructure and Construction Conference: Contracts and Claims 179N07 $760 $860

Session 1: Infrastructure and Major Project Contracts 179N07A $395 $480

Session 2: Claims and Disputes 179N07B $395 $480

Decision Making and Reason Writing 179N08 $395 $480

Asbestos and Secondary Claims 179N09 $395 $480

Film and Television Law Conference 179N10 $760 $860Session 1: Content, Advertising

and Employment 179N10A $395 $480

Session 2: Film and TV Contracts and Offsets 179N10B $395 $480

Not-For-Profits and Charities: Regulatory and Compliance Forum 179N11 $395 $480

Litigation Masterclass: Injunctions, Applications and Costs 179N12 $395 $480

Franchising: Developments, Disputes and Debates 179N13 $395 $480 N/A

Competition and Consumer Law: A Brave New World 179N14 $395 $480

National Family Law Series: Property Matters, Practice and Procedure 179N15 $760 $860

Session 1: Practice, Procedure and Financial Matters 179N15A $395 $480

Session 2: Complex Property Settlements 179N15B $395 $480

Credit Law Symposium 179N01 $890 $990

NATIONAL PROGRAMS WEBCAST LIVE TO YOU

Seminar Name CodeEarly Bird Price

Std. Price

Live Web

Seminar Record-

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Women In Law: Influence and Advancement 179Q07 $395 $480

Workplace Law Series: Modern Issues and Industrial Relations 179V05 $760 $860

Session 1: Modern Workplace Issues 179V05A $395 $480

Session 2: Industrial Relations Update 179V05B $395 $480

BOOKING CODE: 179N WEBFor terms and conditions please see page 25 and also our website www.legalwiseseminars.com.au

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