Queensland Law Society 6th Annual Gold Coast Symposium ...€¦ · local law firm, from 1988 to 2008. In 2009, Bill Potts and Rob established Potts Lawyers, a criminal law and litigation

Insurance Intensive 2012Gold Coast Symposium

2013QT Gold Coast, Surfers Paradise 14–15 June

6th Annual

Proudly developed in conjunction with the Gold Coast District Law Association

Sponsored by

6th Annual Gold Coast Symposium 2013 | 1

Designed and presented in collaboration with the Gold Coast District Law Association, the 6th Annual Gold Coast Symposium is a unique event offering a topical range of sessions designed to address real issues faced by Gold Coast practitioners in small to medium firms on a daily basis. Tailor your own professional development with a choice of sessions, in many cases featuring senior Gold Coast practitioners, who know and understand the challenges faced by Gold Coast lawyers. Sessions on offer include the latest on property law, personal injuries, commercial litigation and insolvency, criminal law, family law and succession law presented by special guest speakers.

Sponsored by


Annette Bradfield

President, Queensland Law Society and Partner, Fox Bradfield Lawyers

Annette is a partner of Fox Bradfield Lawyers practising primarily in property and commercial law. Having worked in firms large and small, rural and city, (Groom & Lavers, Minter Ellison, Barwicks Wisewoulds and Porter Davies) and as a lecturer and mentor at QUT Legal Practice Course, Annette has extensive understanding of the range of issues facing members and the legal profession and sees advocacy by QLS for QLS members as a fundamental QLS service.

John Briton

Queensland Legal Services Commissioner, Legal Services Commission

John Briton was appointed as Queensland’s first Legal Services Commissioner in May 2004. John has a strong background in dispute management, having operated his own consultancy business, Dispute Management Services, for over 10 years prior to his appointment as Commissioner. He has extensive experience investigating and negotiating consumer and workplace complaints, and designing complaint handling systems and processes.

John has worked as Queensland’s Anti-Discrimination Commissioner and State Director of the Human Rights and Equal Opportunity Commission. He has also worked as a Senior Advocate and later as Deputy Public Advocate. He has an honours degree in philosophy from the University of Queensland.

Brian Carey

Senior Manager, Worrells Solvency & Forensic Accountants

Brian Carey is the senior manager of Worrells Solvency & Forensic Accountants, a specialist firm of insolvency practitioners with offices in Brisbane, Sydney, Melbourne, Canberra, the Gold and Sunshine Coasts, Ipswich and the NSW Central Coast. He holds a Bachelor of Laws degree and is admitted to practise as a solicitor of the Supreme Court of Queensland and the High Court of Australia. He is a member of the Queensland Law Society, the Insolvency Practitioners Association of Australia, and President of the Gold Coast District Law Association.

Whilst having litigation experience, Brian has predominantly practised and acquired extensive experience in the insolvency arena, having worked for an insolvency practice following his admission and then acting for various insolvency practitioners in his legal practice.

Derek Cronin

Principal, Cronin Litigation Lawyers

Derek Cronin is a solicitor who has specialised in commercial litigation, debt recovery, insolvency and dispute resolution for more than 18 years. Formerly a partner of a firm with a large commercial litigation practice in Brisbane, he returned to the Gold Coast and established Cronin Litigation from a serviced office in 2006. That firm now employs six full time litigation lawyers and operates from its own premises in Surfers Paradise.

Derek strongly believes effective debt recovery requires that attention be paid to the emotional and psychological aspects of making a demand and subsequent claim, and he states that he is an advocate for the interests of both secured and unsecured creditors.

Sed Crest

Principal, Crest Migration Australia

Sed Crest provides expert advice on migration law and compliance strategies for international businesses as well as individuals. As principal of boutique firm Crest Migration Australia in Surfers Paradise, Sed specialises in business investor visas, employer-sponsored visas and migration law compliance.

Sed is a registered Migration Agent and belongs to the Migration Institute of Australia. Last year Sed delivered a presentation at the American University of Paris on Australian migration law.

With nine year’s experience working for multinational corporations overseas, Sed has also edited international business legal journals in London and Hong Kong.

Sed read law at QUT, holds a Master of Laws from UCL in London and a Master of Arts (International Business) from ANU. Sed speaks Mandarin Chinese and studied for three years at the Canberra Institute of Technology.

Catherine Doocey

Senior Consultant, Assure Programs

Catherine is a registered Psychologist with expertise in the fields of leadership development, emotional intelligence, and resilience building. Catherine works at all levels of an organisation; from one on one coaching and development, to the team level to enhance performance and functioning, to the organisational level by designing and leading numerous organisational development initiatives. She has a keen interest in resilience in the legal profession in particular, and has now partnered with QLS a number of times to deliver resilience building sessions in this sector. Catherine draws on her academic, professional, and personal managerial experience to deliver high quality, evidence-based outcomes for all clients.

Presenters


Matt Dunn

Principal Policy Solicitor, Queensland Law Society

Matt Dunn is responsible for coordinating and driving advocacy projects in relation to law reform as principal policy lawyer at Queensland Law Society. Much of this work is facilitated through Matt’s role in organising the various policy committees associated with the Society. The committees provide a forum for consideration of practical problems being experienced by members and as a source of information on various issues for dissemination to members. Matt holds a Bachelor of Science and a Bachelor of Laws and has a background in information technology and intellectual property law.

Ben Faranda

Consultant, Coach & Motivator

Ben regularly delivers coaching and consulting interventions to some of the world’s largest companies in over 20 countries and trains over 2,000 people a year. Consistently in-demand with some of the world’s largest companies, Ben’s gift to clients is his extraordinary ability to enable and inspire others to greatness and success.

Ben is frequently placed into Asia, Europe, Latin America and Australia Pacific regions to reveal great things for great companies. Working in the world’s fastest growing economies, Ben has been utilised in every BRIC economy as a tier one coach in Leadership, Sales, Change Management and organisational ‘greatness’.

Rob Franklin

Director & CEO, Potts Lawyers

Rob is a third generation Gold Coaster. Following completion of studies in law and economics at the University of Queensland in 1980, Rob practised in civil litigation at a large Brisbane firm before returning to the Gold Coast, where he was variously litigation partner, managing partner and CEO at Price & Roobottom, the oldest local law firm, from 1988 to 2008.

In 2009, Bill Potts and Rob established Potts Lawyers, a criminal law and litigation firm which is now the State’s largest private criminal law firm, with offices at Southport and Brisbane. Rob has maintained an interest in legal education and has previously held an appointment at Bond University as Adjunct Assistant Professor, lecturing in professional and core subjects from 1992.

Since 2008, Rob has served on the QLS Ethics Committee which he currently chairs. During this time, the committee has overseen the development and adoption of the Australian Solicitors Conduct Rules and is presently developing a commentary for Queensland practitioners.

Bee Chen Goh

Professor, Southern Cross University

Professor Bee Chen Goh is Professor of Law, School of Law and Justice and Co-Director of the Centre for Peace and Social Justice, Southern Cross University (Gold Coast Campus), a Fellow and Director of Australian Academy of Law, former Malaysian Rhodes Scholar, Fellow of Cambridge Commonwealth Society, and Fellow of Society for Advanced Legal Studies in London. Bee Chen taught at Bond Law Faculty (1991-2006) before moving to take up the Law Headship at Southern Cross University (July 2006-2009).

Her teaching and research interests are International Law of Peace, Alternative Dispute Resolution (focusing on Sino-Western issues) and Contract Law. Bee Chen is well-versed in English, Mandarin, Malay/Indonesian and Hokkien (Taiwanese). Major publications include ‘Negotiating with the Chinese’ (1996, Dartmouth); ‘Law Without Lawyers, Justice Without Courts – On Traditional Chinese Mediation’ (2002, Ashgate); and Goh et al (eds), ‘Activating Human Rights and Peace: Theories, Practices and Contexts’ (2012, Ashgate).

Paul Hamilton

Criminal Lawyer, Potts Lawyers

Paul graduated from the University of Queensland in 1998. He was admitted as a solicitor of the Supreme Court of Queensland in 2000 after serving two years articles of clerkship. Upon being admitted, Paul practised for approximately three years in the personal injuries field, before turning his focus to criminal and traffic law. He has been employed as a solicitor in the Southport office of Potts Lawyers (and its predecessor, Price & Roobottom) since 2005. Paul has a keen interest in the law relating to the powers of search and seizure, and in particular, post-search approval orders.

Ian Hanger AM QC

Ian Hanger AM QC is a leading commercial dispute resolution practitioner in Brisbane. He is an accredited ADR specialist with the Bar Association of Queensland and is an Adjunct Professor at the Australian Centre for Peace and Conflict Studies, University of Queensland. Ian is a Fellow of the Institute of Arbitrators and Mediators Australia and former Director and Queensland Chair of LEADR. He is a member of the Court of Arbitration for Sport and a member of the panel of conciliators for the International Centre for Settlement of Investment Disputes and member of the Law Council of Australia’s ADR subcommittee. He has recently been appointed to the arbitration panel of the Chinese International Economic and Trade Arbitration Commission. Ian was appointed Queen’s Counsel in 1984 and Member in the Order of Australia in 2007.

Warwick Jones

Senior Partner, Jones Mitchell Lawyers

Warwick is the founding and current Senior Partner of Jones Mitchell Lawyers. The law firm of Jones Mitchell Lawyers practises exclusively in the area of Matrimonial and Family Law including defacto relationships. To the extent that Jones Mitchell Lawyers practise exclusively in those areas, it remains one of the largest firms in Queensland and one of the largest in Australia to do so.

Warwick is a Solicitor of the Supreme Courts of QLD, NSW, VIC and ACT. He is an Accredited Family Law Specialist, Mediator and Arbitrator, accredited by the Queensland Law Society and the Law Council of Australia. In 1997, Warwick was appointed a Notary Public; in 2006 he was appointed a Senior Counsellor by the Queensland Law Society; and in 2010 appointed as member of the Griffith University Law School Advisory Committee.


Ross Lee

Principal, Lee Lawyers

Ross Lee is principal of Lee Lawyers, Southport and a practising Notary Public. The firm is a specialist one in commercial litigation and insurance law. In commercial, the firm has particular experience in building and construction, property, small business and insolvency law. Formerly an insurance underwriter and loss adjuster, Ross remains an ANZIIF certified insurance professional. He is the Insurance chapter author of the Queensland Law Handbook, published by the Caxton Legal Centre. The firm has a strong practice in risk management advice and insurance dispute cases. Ross represents the third generation of a Gold Coast family in business and he enjoys being active in the Gold Coast District Law Association and business community.

Kerry Magee

Magistrate, Magistrates Court

Magistrate Magee graduated LLB with Honours from The University of Queensland in 1982 before being admitted as a solicitor in 1984 and barrister in 1994. From private practice as a solicitor to barrister on the Gold Coast for 25 years before being appointed magistrate in February 2009, Kerry has served as magistrate on a continual basis at Southport since her appointment.

Anna Morgan

Associate, Maurice Blackburn Lawyers

Anna joined Maurice Blackburn Lawyers two years ago after spending 12 years at Minter Ellison on the Gold Coast. She is passionate about of the pursuit of justice and is dedicated to assisting clients to achieve solutions and outcomes through pursuing their legal rights and remedies.

Anna has practised in insurance litigation and commercial litigation for over 12 years and has litigated in a range of courts including Queensland’s Court of Appeal, Supreme Court and District Court, the Federal Court, the High Court of Australia and the High Court of Hong Kong.

Anna is also an Adjunct Teaching Fellow at Bond University where she has authored and lectures the post-graduate subject Expert Evidence and Dispute Resolution. Anna is also a committee member of the Gold Coast District Law Association and a member of the Australian Lawyers Alliance.

Glenys Owen

Director, Swift Solicitors

Glenys is a graduate of Auckland University Law School. Admitted as a barrister and solicitor in NZ, and solicitor in Queensland, she has also worked as an international environmental lawyer for the US Federal Government, and as a local government town planner in New Zealand and Queensland. She returned to law in 2007 and has her own firm, Swift Solicitors, on the Gold Coast.

She maintains a professional town planning interest and is a member of the QLS Property Committee.

Glenys was a marine biologist before becoming a lawyer and remains connected with the natural environment as a volunteer for seagrass monitoring, glossy black cockatoo and bat surveys, and has organised science field days for children.

Glenys is a member of the Gold Coast District Law Association committee, and their welfare officer and sole-practitioner co-ordinator. She is also a long-term volunteer solicitor at the Logan Legal Centre, Woodridge.

Anish Rebello

Solicitor, Keating Lehn Solicitors

Anish Rebello has been working in the Family Law jurisdiction since January 2008. Originally from Toronto, Canada, Anish obtained his Bachelor of Laws, Postgraduate Diploma in Legal Practice and his Masters of Laws in Alternate Dispute Resolution at Bond University. In October 2011 Anish became a Nationally Accredited Mediator.

He first commenced his employment at a boutique family law firm in Southport and was working there until February 2013. In March 2013 he took up employment with Keating Lehn Solicitors in Robina where he continues to work and take a keen interest in property, children, domestic violence and dispute resolution matters. Anish also serves as a committee member on the Gold Coast District Law Association and has been a member since April 2012.

Stafford Shepherd

Senior Ethics Solicitor, Queensland Law Society

Stafford was admitted as a solicitor in 1987. Between 1993 and 2003 he practised in partnership and subsequently as a sole practitioner. In 2008 Stafford joined Queensland Law Society and was subsequently appointed as Senior Ethics Solicitor. He leads the QLS Ethics Centre, provides continuing legal education to members and university students and is Executive Officer to the Society’s Ethics Committee. Stafford’s areas of interest are conveyancing, leasing, wills and estate administration, and equitable doctrines.

Stafford holds a Bachelor of Laws from the University of Queensland and a Master of Laws (Commercial and Corporate) from the University of Queensland, a postgraduate certificate in arbitration and mediation from the University of Adelaide and is a graded arbitrator.

Tracy Skellern-Smith

Legal Risk Solicitor, Lexon Insurance

Since admission, Tracy has worked in various positions in the legal industry including private practice, a consultant in legal practice management software, precedent lawyer, and general manager of a specialist law firm. In 2007, Tracy joined the legal risk team at Lexon insurance and has been extensively involved in the creation and updating of many of the Legal Risk Tools provided by Lexon for the Queensland legal profession. Tracy has conducted over 1000 risk management workshops with firms all over Queensland, as well as presenting at a range of professional development events regarding Lexon’s claim experience and risk management strategies.


Ted Skuse

Principal, Skuse & Co.

Ted Skuse is a sole practitioner operating as Skuse & Co and Inheritance Law, at Mudgeeraba on the Gold Coast. He graduated from Victoria University, New Zealand in 1969 with a Bachelor of Laws. He was admitted as a Barrister and Solicitor of the Supreme Court of New Zealand in 1970 and of Western Australia in 1971.

Ted practised in Western Australia until 1972 and in the Northern Territory in Darwin and Alice Springs from 1972 to 1987 and was admitted to practice in Queensland in 1988. After four decades of experience, Ted now focuses on inheritance law and costs assessing.

Ted was president of the Gold Coast District Law Association from 2004 to 2008, and has continued to serve on the committee. He is one of a small number of Gold Coast practitioners who have served on the QLS Council.

Christine Smyth

Partner, Robbins Watson Solicitors

Christine first joined Robbins Watson Solicitors in 1997. Christine’s career foundations include litigation, commercial law, family law and wills and estate administration. From 2004 Christine concentrated her practice on Succession Law. In 2009 the Queensland Law Society appointed Christine an Accredited Specialist in Succession Law, which is the highest recognition by peers of her advanced skills and expertise in Succession Law.

Christine manages the Robbins Watson Inheritance Law Division, representing clients in all matters related to inheritance law including wills and estate planning, probate applications, administration of deceased estates, disputes related to deceased estates, Powers of Attorney and elder law.

Christine is a member of the QLS Succession Law Committee. The Committee carries out a wide range of functions including: policy recommendations and implementation; expert advice to QLS Council; commenting on policy/legislative initiatives and reports by Government and relevant authorities; and bringing attention to problems with the law and seeking appropriate amendments.

John Thynne

Director – Forensic Accounting, Vincents Chartered Accountants

John has extensive experience in preparing and presenting reports in the areas of commercial litigation and disputes, family law matters and professional negligence actions. John draws on his experiences working in both private practice and in-house commercial roles. This background, together with over 21 years’ experience in business analysis, has led John to develop an approach to consider the key quantification and investigative issues and express his findings in a concise and understandable format.

In recent years John has actively pursued his interest in the alternative dispute resolution (ADR) area. He is a nationally accredited mediator, Treasurer of Queensland Collaborative Law Association and undertakes many engagements using an ADR approach.

John is a regular presenter for Queensland Law Society, College of Law, Vincents Education Events and the VIN-Link Lawyer Series. John is a Chartered Accountant and an Associate of the Institute of Chartered Accountants in Australia, a Member of Family Law Practitioners Association and Fellow of Financial Services Institute of Australasia.

David Tierney

Partner, Rudkin Hitchcock Grant

David has practised extensively in property, commercial and succession law since being admitted as a solicitor in 1984. He holds degrees in Commerce and Law (Hons) and also a Master of Laws. Over the years he has spoken on legal topics to other lawyers and a diverse range of community groups. He has tutored at the University of Queensland, Queensland University of Technology and University of Queensland Colleges. He is a past President of the Gold Coast District Law Association.

Sarah Vallance

Lawyer, Maurice Blackburn

Sarah Vallance holds a Bachelor of Laws with Honours and was admitted to practice in Queensland in 2006. Sarah joined Maurice Blackburn in 2012 after six years with another Brisbane firm. She has practised in all areas of personal injuries law. However, since 2010, she has focused primarily on medical negligence claims. Sarah is a member of the Queensland Law Society and is a Queensland State Committee Member of the Australian Lawyers Alliance.

Melanie Wear

Director, MWM Advisory – Commercial Advisors & Accountants

Melanie is a founding director of MWM Advisory and a former director of Swan & Baker. Melanie has 19 years of experience in public practice as an accountant, tax professional and business advisor. Melanie is a Chartered Tax Advisor and Fellow of the Institute of Public Accountants. Melanie holds a Bachelor of Commerce (USQ), Master of Taxation (UNSW), and a Diploma of Financial Services (FINSIA).

Melanie has a diverse client base of small to medium sized businesses and self-managed superannuation funds. She has a passion for getting the nuts and bolts right for her clients and she develops practical solutions to problems. Melanie has a breadth of commercial knowledge and has been exposed to a broad range of business issues. Melanie’s experience also involves collaborative planning and implementation with lawyers on business succession and estate planning matters.

Simon White SC

Barrister-at-Law

Simon White was admitted to the New South Wales Bar in 1990 and was appointed silk in 2004. He practises in various areas including commercial and competition law. He presented the ACCC’s case in the High Court in the matter of Google Inc v ACCC in 2012.

Brett Wilson

Partner, Aitken Wilson Lawyers

Brett Wilson has over 25 years’ experience as a solicitor in top tier international legal practices in the areas of commercial litigation and employment law. His experience in significant litigation and transactional work for large Australian and international corporations provides him with the experience and knowledge to advise and act for clients in major legal cases. He has advised and acted for Bond University, Westpac, Qantas Airlines, News Limited, BHP Billiton, Thiess, CSR Sugar, the New South Wales Government, Queensland Government, Gold Coast City Council, Citibank, Macquarie Radio, Boeing, Telstra and Steelx.

Brett’s clients and colleagues see him as a professional litigator, commercially astute and suitably aggressive in acting for his clients in achieving their commercial objectives. He is considered an experienced litigator and business advisor.


Friday 14 June

8.15–8.50am Registration

8.50–9am Welcome remarksPresenter: Brian Carey, Senior Manager, Worrells Solvency & Forensic Accountants

and President, Gold Coast District Law Association

9 –10am Keynote address: The High Court of Australia – ReflectionsSir Anthony Mason, AC, KBE, QCSir Anthony has honorary doctorates from the Australian National University, where he is a Visiting Fellow, from Deakin, Griffith, Monash, Sydney, Melbourne, Hong Kong and Oxford Universities, and from the University of New South Wales where he served as Chancellor from 1994 to 1999. He was Chairman of the National Library of Australia 1995–1998 and has held a professorship at the University of Cambridge.

Sir Anthony was admitted to the New South Wales Bar in 1951. He was appointed both a QC and Commonwealth Solicitor-General in 1964. In 1969 he was appointed a Justice of the New South Wales Court of Appeal and in 1972 a Justice of the High Court of Australia. He became Chief Justice in 1987, retiring in 1995 upon reaching the compulsory retirement age. He has since served as a judge of the Supreme Court of Fiji, as President of the Solomon Islands Court of Appeal, and is still serving as a non-permanent judge of the Hong Kong Court of Final Appeal.

Sir Anthony was made a Knight Commander of the Order of the British Empire in 1972 and, in 1988, a Companion of the Order of Australia.

10 –10.25am Morning teaIncluding book-signing of “The Mason Papers” by Sir Anthony Mason AC, KBE, QC

Facilitator: Michael Hidden, Corporate Sales Representative, The Co-op at Southern Cross University Gold Coast

Program


10.25am – 12pm Stream 1A – Property law Stream 1B – Dispute resolution

10.25 –11.10am

Econveyancing and risk updateThis session provides practical guidance on the use of econveyancing and electronic signatures as well as examining implications of risk associated with residential conveyancing in Queensland.

Presenters: Stephen Jones, Consultant Lawyer Tracy Skellern-Smith, Legal Risk Solicitor, Lexon Insurance Pte Ltd

Chair: Glenys Owen, Director, Swift Solicitors

11.10am–12pm

Case and legislative updateThis session examines the outcomes and implications of recent residential conveyancing cases in Queensland as well as identifying the legislative changes in the last six months and the substance of those changes. Specific attention will be given to recent experiences and expectations associated with the Property Agents and Motor Dealers Act 2000.

Presenters: Stephen Jones, Consultant Lawyer Matthew Dunn, Principal Policy Solicitor, Queensland Law Society

Chair: Glenys Owen, Director, Swift Solicitors

10.25 –11.25am

ADR in the current climate – tailoring your approach to include financial and multicultural issuesThis workshop is designed to provide you with practical insight and skills to apply in mandatory mediations or those required by clients who believe in their case but are desperate to settle matters without going to court. At the request of practitioners on the Gold Coast, this workshop includes guidance on conducting mediation procedures including financial and multicultural considerations.

Facilitators: John Thynne, Director – Forensic, Vincents Chartered Accountants Ian Hanger AM QC Professor Bee Chen Goh, Southern Cross University

11.25am –12pm

Annual update on developments in insolvency lawThis session examines the most current and topical insolvency law issues, including:

• the Cross-Border Insolvency Act 2008 – making it simple

• PPSA – possession versus ownership

• PPSA – problems with retention of title

• bankruptcy – what debt can you petition on?

• proving solvency – admissibility of reports and hot tub directions.

Presenter: Craig Coulsen, Barrister, Bar Association of Queensland

Chair: Ross Lee, Principal, Lee Lawyers

12–1pm

or

Lawyers, clients and the business of law The Legal Services Commission (LSC) and Griffith University’s Socio-Legal Research Centre (SLRC) will run an interactive session structured around the sorts of costs issues that the LSC sees on a daily basis. Scenarios and associated questions will be presented on PowerPoint and the audience will be invited to respond to the questions anonymously by using an audience response system (or handheld ‘clickers’) to prompt discussion on the issues raised by the scenarios.

Presenters: John Briton, Legal Services Commissioner, Legal Services Commission Professor Jeff Giddings, Griffith University Socio‐Legal Research Centre

Chair: Ted Skuse, Principal, Skuse & Co.

1– 2pm Lunch


2– 3.30pm Stream 2A – Business law Stream 2B – Criminal law

2–2.45pm

Debt recoveryThis session provides an update of the lessons learned from recent case law involving debt recovery and how to adequately address requirements within the Corporations Act 2001 (Cth) with regard to:

• summary judgments for debt recovery

• properly obtaining security for costs

• practical tips for statutory demands.

Presenter: Derek Cronin, Principal, Cronin Litigation Lawyers

Presenter and chair: Mark Treherne, Principal, Mark Trehern & Associates

2.45 –3.30pm

Consumer and competition contract law update This session provides a commentary on Google Inc v ACCC 87 ALJR 235. The commentary will discuss how the case was presented in the Federal Court and subsequently the High Court, the findings made and the impact of the decision for online advertising.

Presenter: Simon White SC, Barrister, New South Wales Bar

Chair: Mark Treherne, Principal, Mark Trehern & Associates

2 –2.45pm

Applications to cross-examine – a Magistrate’s perspectiveIn this session, Magistrate Kerry Magee will be providing criminal law practitioners with feedback on how applications to cross-examine could be improved, based on what has been submitted to and considered by the Court.

Presenter: Kerry Magee, Magistrate, Magistrates Court

Chair: Cameron Browne, Director, Potts Lawyers

2.45 –3.30pm

Post-search approval orders – what you need to knowThis session is a consolidation of the processes, practices and policies relating to post-search approval orders with the benefit of context and practicality provided by the recent case law. It addresses the legislation and recent cases with which every lawyer practising in criminal law should be familiar.

Presenter: Paul Hamilton, Criminal Lawyer, Potts Lawyers


3.30– 3.45pm Afternoon tea


3.45 – 5pm Stream 3A Stream 3B

Ethics and practice management updateThis session will explore a number of realistic scenarios based on the Australian Solicitors Conduct Rules and case law. The aim is to provide practical assistance to practitioners in identifying a range of ethical issues and to implement specific measures that improve the ethical infrastructure of their practices.

Participants will be invited to discuss case studies in small groups and also respond anonymously to a range of ethical issues using our audience response system.

Presenters: Rob Franklin, CEO & Director, Potts Lawyers Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society


Networking workshopThis session is designed to enable practitioners to build their professional reputation and network as an early career lawyer, regardless of age.

Presenters will identify different methods to be used in a variety of settings, including face- to-face, online or through the delivery of your work. These skills will enable you to build relationships, seek assistance and contribute to the practice in ways that are required and rewarded.

Panellists: Anna Morgan, Associate, Maurice Blackburn Lawyers Ben Faranda, Consultant, Coach & Motivator Christine Smyth, Partner, Robbins Watson Solicitors and Accredited Specialist – Succession Law

5pm Close

5–6pm Networking drinks – Launch of Community Legal Gold Coast

5–6pm

Expand your professional network and enjoy the company of other practitioners on the Gold Coast who may be or become part of your supportive, collegiate network.


Saturday 15 June

8.15–8.50am Registration

8.50–9am Welcome and introductionPresenter: The Honourable Jarrod Bleijie MP, Attorney-General and Minister for Justice

Chair: Annette Bradfield, President, Queensland Law Society

9–10am Court presentation – Our view from the Bench and your feedback as practitionersThis session provides you with feedback and guidance from the judicial perspective, and also provides you with the opportunity to raise concerns or suggestions from your perspective in relation to:

• tips and traps for beginners

• how to improve your performance as a non – debutant

• hints to save embarrassment and your lawyer/client relationship!

Presenters: Her Honour Judge Katherine McGinness, District Court of Queensland Her Honour Judge Susan Purdon-Sully, Federal Circuit Court of Australia

Chair: Brian Kilmartin, Magistrate, Magistrates Court

10 –10.25am Morning tea

10.25 –11.10am Commercial opportunities under the new business investor visasThe presentation identifies how the business skills visas have changed under the visa reforms that began on 1 July 2012 and 24 November 2012. Examining the mechanics of the new business and investment program, this session is designed to improve practitioners’ understanding of how the new business skills and investment visas work, how to make an application on a client’s behalf and how to provide clients with advice on their eligibility under the new visa requirements. Attendees will receive guidance on:

• how the new significant investor visas work

• opportunities for Gold Coast infrastructure, construction and real estate markets

• what $5 million of investment requiring compliance means for practitioners

• professional safety checks for legal practitioners providing migration advice.

Presenter: Sed Crest, Principal, Crest Migration Australia

Chair: Mark Treherne, Principal, Mark Trehern & Associates


11.10am – 12pm Stream 4A – Litigation Stream 4B – Succession law

Navigating cross jurisdictional issues in workers’ compensation claimsSituated on the Queensland-New South Wales border, Gold Coast practices are uniquely placed to be exposed to injured workers who have sustained injuries either side of the border. This session looks at recent decisions and assists practitioners to identify the instructions that need to be obtained when advising clients whose work takes them across the border.

Presenter: Anna Morgan, Associate, Maurice Blackburn Lawyers

Chair: Sarah Vallance, Lawyer – Medical Law Department, Maurice Blackburn Lawyers

Social media: focus on disclosureThis session discusses the growing use of social media by clients and whether the disclosure provisions under the various litigation regimes could extend to material posted by clients on their social networking sites.

Presenter: Sarah Vallance, Lawyer – Medical Law Department, Maurice Blackburn Lawyers

Chair: Anna Morgan, Associate, Maurice Blackburn Lawyers

Tax on superannuation death benefit payoutsThis session examines tax payable in respect of superannuation death benefit payouts, and by whom tax is payable, in a number of circumstances. It also explores related tax planning opportunities.

Presenter: Melanie Wear, Director, MWM Advisory – Commercial Advisors & Accountants

Specific gifts – issues and drafting solutionsThis session provides a review of issues relating to specific gifts in wills, including some tips and some drafting solutions.

Presenter: David Tierney, Partner, Rudkin Hitchcock Grant Lawyers

12 – 12.45pm Stream 5A – Employment law Stream 5B – Family law

Current issues in small businessesThis session identifies the current issues encountered by the operators of small businesses employing between one and 10 staff, including law firms. Discussion will include:

• the Fair Work Act 2009, the National Employment Standards, Modern Awards, Enterprise Agreements and Employment Agreements. How do these interact? Who is covered by what? What’s the best fit for my business?

• drafting Contracts of Employment that are compliant with the Fair Work Act 2009, the NES and Modern Awards; and enforceable restraints

• General Protection and Adverse Action Applications in the Fair Work Commission and the Federal Court. What are they? When do they apply in contrast to unfair dismissals? What is the process and how can I avoid one if I am an employer?

Presenter: Brett Wilson, Principal Solicitor, Aitken Wilson Lawyers

Chair: Brian Carey, Senior Manager, Worrells Solvency & Forensic Accountants and President, Gold Coast District Law Association

Examine a big year in family lawThis session is designed to highlight the hottest issues in family law and the associated practical tips that you can take back and apply immediately in relation to:

• where we stand with big money cases: the significant changes in associated case law and how to advise your clients accordingly

• taking a safety checklist approach to protect yourself with regard to Binding Financial Agreements

• what the Stanford case really means for family lawyers.

Presenter: Warwick Jones, Senior Partner, Jones Mitchell Lawyers

Chair: Anish Rebello, Solicitor and Nationally Accredited Mediator, Lehns Lawyers


12.45 –1.30pm Mental toughness – promoting peak performance in legal practiceDelivered as part of the ‘Love Law, Live Life’ campaign, this presentation explores the construct of mental toughness, a mindset that links directly with stress and performance. When used effectively, mental toughness can help harness the stress associated with contemporary legal practice in a positive rather than a negative way.

The risks to wellbeing inherent in legal practice have been highlighted in recent years. Partners and leaders require effective strategies to manage this risk, to deal with competing demands, deliver outcomes, and maintain consistent high performance across the practice. This session will identify a number of short, mid and longer term strategies that can be applied to actively develop a winning mindset and to challenge the mental roadblocks that impact upon peak performance in legal practice, for both themselves and their team members.

This session is designed to:

• create a platform to develop a mindset that has the capacity to buffer stress

• provide a series of practical strategies to deal with pressure and manage risks to wellbeing

• create awareness about the types of ‘toughness’ required for certain circumstances

• reinforce planning and reflective practice for having the ‘know-how’ to perform in future challenges.

Presenter: Catherine Doocey, Principal Consultant – Organisational Development, Assure Programs

1.30pm Close of conference and lunch


Program information

Venue

The Queensland Law Society is proud to present the 6th Annual Gold Coast Symposium 2013. The conference will be held at QT Gold Coast, 7 Staghorn Avenue, Surfers Paradise. Located in the heart of Surfers Paradise, QT Gold Coast is within easy walking distance of shopping, restaurants, cafes and the beach. The hotel offers excellent conference facilities as well as spacious hotel rooms to cater for all needs.

Registration

Registration will be held in the Ballroom foyer, located on ground floor. All conference sessions will be held in the Ballroom with the concurrent stream being held in the Longbeach Room.

Registration entitlements

Two-day registration includes

• attendance at all Symposium sessions

•morning tea and lunch – both days

•afternoon tea – Friday

• USB stick with papers (where supplied) for Symposium sessions.

One-day registration includes

• attendance at Symposium sessions on day of registration

• morning and afternoon tea (afternoon tea provided Friday only) on day of registration

• lunch on day of registration • USB stick with papers (where

supplied) for Symposium sessions.

Networking drinks

Join friends, colleagues and accompanying partners for drinks and canapés after the first day of the Gold Coast Symposium from 5–6pm. Please note that a ticket to the networking drinks is inclusive for two-day Symposium registrations. Additional tickets for partners or day only delegates can be purchased for $33 members and $55 non-members via the registration form or online.

Close of registration

Close of earlybird registration (with accompanying payment) is 17 May 2013. Standard registration (with accompanying payment) must be received at least 72 hours prior to the commencement of the conference, 11 June 2013.

Cancellation policy and transfers

Please refer to the Queensland Law Society events policy at qls.com.au for guidelines on residential registration, cancellations and transfers.

A green initiative for Queensland Law Society

Queensland Law Society is committed to reducing its carbon footprint and impact on the environment. Papers and presentations (where supplied by the presenter) will be distributed to delegates electronically 72 hours prior to the conference date. Papers and presentations (where supplied by the presenter) will also be provided to delegates on the day of the conference on a USB memory stick.

Name badges

Your name badge is your passport to access all sessions of your registration, morning and afternoon tea and lunch. Please ensure your badge is visible at all times.

Delegates with special requirements

Please indicate on the registration form or online.

CPD points – Queensland Law Society

The 6th Annual Gold Coast Symposium 2013 attracts ten CPD points for both days – 6 CPD points for day one and 4 CPD points for day two.

Please note that all three core compulsory units for 2013/2014 CPD year are on offer within the program.

Specialist Accreditation points

Specialist Accreditation points are now self-assessed. For further information, please contact the Society’s Specialist Accreditation Manager at [email protected] or phone (07) 3842 5926.

Bar Association of Queensland CPD points

Accreditation Code: QLS GC13

3 CPD points per hour of presentation.

1 CPD point per hour of attendance at educational sessions relevant to your practice as a barrister.

Strands applicable for this event:

•1B – Practice management

•2B – Advocacy

• 3A – Ethics and practice management update

•3B – Networking workshop

•Court presentation

•Mental toughness

Parking

Parking is available at QT Gold Coast at a charge of $8 per 24 hours. Please note parking is limited and available on a first come basis. Additional car parking can be found visiting the Gold Coast City Council’s website www.goldcoast.qld.gov.au.


Accommodation

Special delegate accommodation rates have been negotiated with QT Gold Coast. To book accommodation, please contact QT Gold Coast reservations on (07) 5584 1200 or email booking details to [email protected] and mention you are with the Queensland Law Society conference.

Negotiated accommodation and breakfast rates at the QT Gold Coast are as follows (including GST):

• Mountain River room (including one breakfast) – $195 per room per night

• Ocean View room (including one breakfast) – $225 per room per night

• QT King suite (including one breakfast) – $295 per room per night

• Additional buffet breakfast – $25 per person per day.

Should any guest wish to stay in the hotel either before or after the conference period, the above rate may be extended pre and post the main conference dates at the discretion of the hotel and subject to availability. Any guest wishing to stay longer than the above mentioned dates should negotiate rates with QT Gold Coast.

Privacy

Queensland Law Society (the Society) respects your privacy and is committed to the Information Privacy Principles contained in the Information Privacy Act 2009 (Qld). The Society collects personal information about you to provide services to you, to improve the quality of those services, and to provide you with information about other services we offer. For these purposes, we may disclose your personal information to organisations to whom we outsource functions such as market research and to our service entities. The Society also uses this information to conduct research for the development of educational and professional programs.

At any event held by the Society, your image may be photographed or filmed at any time throughout the event. We may use, publish or reproduce your image or recording of you in any form of published communication material to promote the Society’s services and to report on its events through its publications and resource material such as our Annual Report, Proctor, Twitter and Facebook pages. Your consent to the use of your image in full or part for any Society related purpose is taken to be given by attending this event. The Society takes reasonable steps to ensure your personal information is not exposed to misuse, loss or unauthorised access.

Business details and personal information you choose to provide on this form and any image or recording of you may be transferred and stored overseas to administer such services and communications to you. By completing this application, you agree to this transfer.

In accordance with the Electronic Transactions (Queensland) Act 2001, the Society may provide notices or correspondence to you by electronic communication. By completing this application, your consent to this form of contact is taken to be given.

Should you not wish to have your image photographed or filmed, please contact the Society at [email protected] to advise that you do not wish to be photographed or filmed.

If, at any time, you would prefer that the Society did not use or disclose your personal information, including your image, please contact the Society at [email protected]. If your details change or you wish to access the information the Society holds about you, please contact the Society on 1300 FOR QLS (1300 367 757).

Disclaimer

Queensland Law Society reserves the right to substitute program sessions and/or speakers or cancel sessions/ programs where necessary. All details are correct as at 2 May 2013.

© 2013 Queensland Law Society.

Registration form/tax invoice

Queensland Law Society in conjunction with the Gold Coast District Law Association

6th Annual Gold Coast Symposium 2013Friday 14 and Saturday 15 June 2013 | QT Gold Coast, Surfers Paradise

Payment Please note that full payment must accompany registration

Course code: 130614R

Registration subtotal

Conference dinner ticket(s) subtotal

Total payment (inc GST)

My cheque payable to Queensland Law Society Inc is enclosed

Please debit my credit card (Diners Club is not accepted)

Visa Mastercard QLS Amex Amex

Card number

Cardholder name

Expiry date / Amount $

Cardholder signature

Queensland Law Society, GPO Box 1785, Brisbane Qld 4001 f 07 3221 2279 (credit card payments only) | p 1300 367 757 | [email protected] more information visit qls.com.au | ABN 33 423 389 441

Member registration

TWO-DAY conference registration (all prices inclusive GST)

Earlybird by 17 May 2013 $595

Standard by 11 June 2013 $740

ONE-DAY ONLY conference registration (all prices inclusive GST)



I will attend on: Friday 14 May Saturday 15 May

Concurrent sessionsVery important – (please tick the stream you wish to attend)

Friday 14 June

STREAM 1A – Property law STREAM 1B – Dispute resolution

STREAM 2A – Business law STREAM 2B – Criminal law

STREAM 3A – Ethics and practice management

STREAM 3B – Networking workshop

Saturday 15 June

STREAM 4A – Litigation STREAM 4B – Succession law

STREAM 5A – Employment law STREAM 5B – Family law

Non-member registration

TWO-DAY conference registration (all prices inclusive GST)



ONE-DAY ONLY conference registration (all prices inclusive GST)



I will attend on: Friday 14 May Saturday 15 May

Delegate information

Queensland Law Society number

First name

Last name

Organisation

Postal address

City/Town Postcode

Phone (bh) Fax

Email

Special dietary requirements

Register online at qls.com.au/events Networking drinks – Friday 14 June 5– 6pmInclusive for all both day delegates, please indicate attendance when registering. Extra drink tickets for accompanying partners, or delegates with day-only registration, can be purchased via registration form or online.

I will be attending the networking drinks on Friday evening (as included in my two-day registration)

Members and/or partner tickets $33No. of tickets

Non-members and/or partner tickets $55No. of tickets

Name of delegate(s)/accompanying person(s) attending:

Networking session & drinks – Friday 14 June 3.45 – 6pm

Members $90No. of tickets

Non-members $130No. of tickets

All prices include GST. This document will be a tax invoice for GST purposes when you make payment. Please retain a copy of this for GST records. Please see the Society’s privacy notice on page 14.

Documents

Queensland Law Society 6th Annual Gold Coast Symposium ...€¦ · local law firm, from 1988 to 2008. In 2009, Bill Potts and Rob established Potts Lawyers, a criminal law and litigation