10 Points in One Day: Sandhurst

Session ID: 182M01
Date: Tuesday, 27 February 2018
Time: 07:30am - 06:30pm
Venue: Sandhurst Club, Ground Level, 75 Clubhouse Lane, Sandhurst

Face to face

Substantive Law: 7
Ethics & Professional Responsibility: 1
Practice Management & Business Skills: 1
Professional Skills: 1

State: VIC CPD:10
Standard Price $960.00

Overview

Session Content

Date: Tuesday 27 February 2018
Time: 7.30am to 6.30pm
Venue: Sandhurst Club, 75 Clubhouse Lane

Attend the full day and earn 10 CPD units including:
7 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills

Back by popular demand! Our 10 Points program returns to the Sandhurst in 2018. Current topics, legislative updates, highly regarded speakers, compulsory CPD points, AND you don't have to travel to the CBD. What more can you ask?

Session 1: Commercial Law Update

Chair: Robert Clements, Consultant, Ryan Carlisle Thomas

General Protection Orders: Recent Developments

  • Expanding use of general protection claims in place of unfair dismissal claims
  • The imposition of penalties, in particular, on persons 'involved in' contraventions
  • General protection orders in respect of discrimination matters
  • Accrued jurisdiction in conjunction with general protection orders

Presented by Mark Comito, Partner, Ryan Carlisle Thomas; Accredited Specialist in Workplace Relations

Off the Plan Contracts and Building Defects: The Cladding Dilemma

  • Introduction to off the plan contracts
  • The cladding dilemma: Lacrosse, Grenfell, Torch
  • Dichotomies in owners corporation building disputes
    • Domestic vs. commercial
    • Common property vs. private property
    • Workmanship vs. design vs. materials
  • Implications of Brookfield Multiplex Ltd v The Owners - Strata Plan No 61288 [2014]
  • Warranty insurance shortfall
  • Repair and maintenance obligations

Presented by Tim Graham, Partner, HWL Ebsworth; Best Lawyers 2018, Real Property Law; Recommended Property & Real Estate Lawyer, Doyle's Guide 2017

Termination of Contracts for Sale

  • When does a deposit become a penalty?
  • Issues surrounding interest payments on default
  • Notices of default and rescission: How perfect do they have to be?

Presented by John Oswald-Jacobs, Barrister, Mornington Peninsula Chambers

Session 2: CPD Compulsory Core Areas

Chair: Robert Clements, Consultant, Ryan Carlisle Thomas

Practice Management or Business Skills
Millennials: How to Engage and Retain as Customers and Employees
By the year 2030, 75% of the Australian workforce will be Millennials (also known as Gen Y). Examine:

  • How best to engage them
  • Differences between generations
  • Characteristics of millennials
  • Are they really the entitled, selfie driven generation?
  • How your law firm can work and interact with them as customers and employees

Presented by Emily Jaksch, Head Guru & HR Strategist, HR Gurus

Practical Legal Ethics
Your Professional Responsibility to Identify, Manage and Reduce Stress

  • Duties and obligations to disclose stress in yourself and others
  • Complying with your professional responsibility and ethical obligation when dealing with stress in your own practice
  • Maintaining a healthy work/life balance: Is it possible?
  • How to maintain your personal well-being and achieve longevity and sustainability in your legal career

Presented by Joanna Green, Principal, Hive Legal

Professional Skills
Preparing for and Promoting Sensible, Professional, Competent, Efficient Negotiation

  • Why negotiate first?
  • Preparing for negotiation
  • Identifying a client's interests and needs
  • Identifying needs and interests of the "other side"
  • Creative problem solving
  • Settling alternatives
  • Identifying a mutually acceptable outcome
  • Character traits of negotiators and clients
  • Solving things efficiently and quickly: is it possible?

Presented by Dr Angela O'Brien, Barrister, Owen Dixon Chambers West

Session 3: Family and Succession Law Update

Chair: Charles Beckwith, Partner, Roberts Beckwith Partners; Accredited Specialist in Family Law

Analysis of Recent Family Law and Property Division Cases: Focusing on Relevant Issues
Focus on recent cases and decisions made on certain issues, including:

  • Setting aside Binding Financial Agreements: Kennedy v Thorne
  • Spousal maintenance: recent cases
  • Bernieres decision: surrogacy and reproductive law
  • Re Kelvin: Should the Family Court have jurisdiction to grant/refuse gender dysphoria treatment?

Presented by Brendan King, Principal, Belleli King & Associates

Section 90AE in the Wake of the Full Court's Comments in B & B & K

  • Highlighting some cases in which section 90AE has been used successfully and distinguishing those where it was unsuccessful
  • Looking conceptually at how it may be used:
    • To bring equitable claims in respect of properties owned by third parties, for example constructive trusts over properties owned by family members; or
    • To vest a testamentary trust or bring forward the vesting of a discretionary trust (EG AC v VC)
  • The advantages and disadvantages of using section 90AE rather than accrued jurisdiction or other sections of the Act such as section 85A if the facts allow

Presented by John R V Williams, Barrister, Owen Dixon Chambers East; Recommended Family Law Barrister, Doyle's Guide 2017

Superannuation Death Benefit Planning Arising Out of the 1 July 2017 Super Reforms

  • How to deal with super as part of estate planning
  • Identifying beneficiaries eligible to receive superannuation death benefits
  • Reviewing superannuation trust deeds for death benefit planning
  • Dealing with Excess Transfer Balances and reversionary benefits post the super reforms
  • Death benefit nominations: what can go wrong
  • Recent case law

Presented by Chris Hill, Principal, Hill Legal; Accredited SMSF Specialist Adviser

Estate Planning: Current Issues

  • Enduring Powers of Attorney: What to do when an attorney goes bad
    • Protections under the Powers of Attorney Act 2014 (VIC)
    • The availability of compensation
    • How to deal with old breaches under the Instruments Act 1958 (VIC)
  • New Advanced Care Planning Legislation
    • An overview of the operation and effect of the Medical Treatment Planning and Decisions Act 2016 (VIC), which commences on 12 March 2018
  • Testamentary Trusts
    • An overview of the types of testamentary trusts including Beneficiary Controlled Trusts, Protective Trusts and Special Disability Trusts
    • What to consider when deciding whether or not to recommend utilising a testamentary trust
    • Choosing the right testamentary trust
    • The use of precedent trust provisions
    • Bespoke trust clause drafting
    • Will structure considerations
    • The impact of taxation and the necessity to obtain specialist advice

Presented by Greg Russo, Partner, Featherby's Lawyers; Accredited Specialist in Wills and Estates; Recommended Lawyer in Wills & Estates Litigation, Doyle's Guide 2017

Presenters

Robert Clements

Robert Clements has been a lawyer for more than 40 years. He has worked in most areas of the law during that time and now concentrates on Wills and Probate, Probate litigation, Small Business advice, general commercial advice and Property. He was on the Board of Dandenong Credit Union ( now CUA) for many years and has been involved in various capacities with several not for profit organisations.

Mark Comito

Mark Comito is an Accredited Specialist (Law Institute of Victoria) in Workplace Relations and Partner of Ryan Carlisle Thomas lawyers. He has been practising employment law for over 14 years. He has represented clients in a range of employment matters before the Courts, Fair Work Commission and Professional Disciplinary Tribunals. Mark has also represented executives and senior management personnel in their employment. Some of the matters in which Mark practises include breach of employment contract claims; Award/Enterprise Agreement breaches, unlawful terminations of employment, breach of General Protection provisions; anti-discrimination claims, unfair dismissal matters; appeal applications; industrial disputes and workplace safety. He is predominantly based in the Dandenong and Melbourne offices of RCT.

Tim Graham

Tim Graham is a Partner of HWL Ebsworth Lawyers. He is one of Australia's pre-eminent strata lawyers. Tim is the President of the Australian College of Community Association Lawyers (ACCAL) and a Fellow of the College. He is a Council Member of Strata Communities Australia. He has twice been selected in Best Lawyers© in Australia (Real Property Law). Tim has also been recognised in Doyle's Guide as a Leading Property & Real Estate Lawyer. Tim has conducted over 230 seminars; he has guest lectured at RMIT and Deakin University and is published regularly in the Australian Property Law Bulletin and is a member of the bulletin's Editorial Panel. He authors the Owners Corporations chapter of the Lawyers Practice Manual and wrote the case study update for Subdivisions with the Lot.

John Oswald-Jacobs

John Oswald-Jacobs comes to the Bar with a great breadth of experience both in and outside the law. Admitted to practice in Victoria in 1985, he became a partner in the firm of Gadens Ridgeway (as it then was) in 1989. At Gadens Ridgeway, he practised initially in commercial litigation in all jurisdictions, then subsequently in commercial and residential property development, and general commercial work. When a partner in that firm, he spent a year and a half in the firm's Port Moresby office acting for financial institutions and trading companies, and heading the real property division in that office. In 1993 John established his own law firm in Kooyong which practised in Real Property, Private Business Support (including Sales & Acquisitions, Commercial Agreements and International Trade), Estate Planning & Trusts, and commercial dispute resolution. In 1997 John moved to London and remained in the United Kingdom for nine years. For most of that period he worked at Deutsche Bank in the City of London, initially in Equity Capital Markets in a convertible bond/equity- linked origination team, then for some years in Structured Capital Markets. In the latter role he was principally involved in executing large, multi- jurisdictional, principally tax-driven financing & investment transactions. Before leaving the UK, John spent a year living in the Scottish Highlands during which time he consulted to a 'start-up' venture in virtual/home- based outsourcing. He has many interests outside the law, a number of which lead him to the Scottish Highlands!

Emily Jaksch

Emily Jaksch is an experienced and accomplished HR & Leadership Practitioner with over 19 years' experience in all areas of strategic and operational Human Resource Management. Degree qualified (BComm) and a certified professional member of the Australian Human Resource Institute Emily is highly regarded across many industries. Starting her career within the financial services sector in the UK, and returning to this industry nearly 7 years later when she was appointed Executive Manager, Human Resources of HOSTPLUS Superannuation Fund at age 29, Emily has worked across many industries within some Fortune 500 Companies. These include The Royal Bank of Scotland, General Motors Holden, Wesfarmers and Coles. Emily is an experienced HR strategist and Coach and can create compelling Employer Value Propositions, proven when she helped HOSTPLUS win a coveted spot in the BRW Best Places to Work. Her passion is leadership, organizational culture and human behavior. Emily is also a qualified Master NLP Practitioner, Time Line Therapy© Practitioner and Hypnotherapist. She is also working towards a qualification in Anthropology.

Joanna Green

Joanna Green is a highly experienced lawyer with specialised expertise and interest in the health, transport and government sectors. She regularly advises a number of the key players in these highly regulated sectors in relation to a broad range of legal issues. She also has extensive experience advising private and public sector clients on commercial, regulatory, privacy and consumer law issues. Joanna is a Principal of Hive Legal, an innovative NewLaw firm which has disrupted the legal profession by doing away with time sheets, providing a flexible cloud based work environment for its team and embracing the smart use of technology and innovative solutions to assist clients.

Angela O'Brien

Prior to joining the Bar, Dr Angela O'Brien was a senior academic at the University of Melbourne where she was an Associate Professor, Deputy Dean of the School of Graduate Studies and foundation Head of the School of Creative Arts. Dr O'Brien has expertise in areas of law associated with the education sector, including workplace disputes, student disputes, education/research contracts, intellectual property and administrative review. As a former cultural historian and arts educator, she has a broad interest in and understanding of arts law issues and disputes. She has undertaken research involving the use of creative activity in diversionary programs with youthful offenders and youth at risk. She was the Chief Investigator in a large four year Australia Research Council (Linkage) funded project supported by the Department of Justice, Department of Human Services, VicHealth, Arts Victoria and the Melbourne Magistrates' Court. This project won the University of Melbourne inaugural Knowledge Transfer Excellence Award in 2007. She co-authored on this project, Creative Interventions for Marginalised Youth: the Risky Business Project (2008). A volume of essays, edited by O'Brien and Donelan, The Arts and Youth at Risk: Global and Local Challenges was also published in 2008. Dr O'Brien has a particular interest in ADR. She is a graded arbitrator with the Institute of Arbitrators and Mediators Australia (IAMA) and was an elected member of the IAMA National Council 2004 - 2010 and IAMA President 2008/9. She has been a nationally accredited mediator since 2008 and was a member of the National Mediator Accreditation Committee, which implemented the National Accreditation Standards in Australia. She is currently a member of the Victorian Chapter Committee of IAMA. She has coached on the IAMA Mediation training courses. Since joining the Bar she has worked across a range of areas including: administrative law, commercial law, criminal law, family/family violence, victims of crime, traffic and transport infringements, wills and probate.

Charles Beckwith

Charles Beckwith obtained his law degree from the University of Melbourne and was admitted to practice as a Solicitor in Victoria in 1974. Charles is also admitted to practice in the Australian Capital Territory and has signed the High Court Roll. Charles is an Accredited Specialist in Family Law, a Mediator and a Notary Public. He also practices in the areas of general litigation, wills and deceased estates.

Brendan King

Brendan King founded Belleli King & Associates in 1989. Prior to this, Brendan spent 9 years as a Court Registrar. He holds a Bachelor of Arts and Bachelor of Laws from Monash University and in 2000 completed a Master of Laws majoring in family law also from Monash University. He is also a skilled advocate, appearing for client's in various courts and tribunals including the Family Court of Australia, the Federal Court of Australia, the Federal Circuit Court of Australia, the Supreme Court of Victoria, the Magistrates Courts of Victoria and the Victorian Civil and Administrative Tribunal. For the past 20 years, Brendan has also been volunteering his services at Mentone Community Legal Service.

John R V Williams

John R V Williams commenced his articles in 1976 with Dunhill Madden Butler Solicitors. He practised as a Solicitor for 12 months before going to the Bar where he remained for the ensuing ten years. He practised in Civil and Criminal jury trials. An opportunity then arose for John to start his own practice as a Solicitor on the Mornington Peninsula in Victoria where he remained and thrived for a further ten years. Since then he returned to the Bar in 1998 to practice exclusively in Family Law and has remained for approximately twenty years.

Chris Hill

Chris Hill has been a practicing Lawyer for over 25 years and a Financial Adviser for over 20 years. He is accredited specialist by the Law Institute of Victoria, a Certified Financial Adviser and an Accredited Self Managed Super Fund Specialist Advisor by the SMSF Association, the pinnacle body in Australia for Self-Managed Super Fund professionals. Chris is an Aged Care Specialist Adviser (ACSA) a member of the Law Institute of Victoria, the Financial Planning Association of Australia and the Society of Trust and Estate Practitioners (STEP), a worldwide professional association for practitioners dealing with family inheritance and succession planning. He is also a former member of the American Chamber of Commerce (AMCHAM). Chris practices exclusively in the areas of Estate Planning, Self Managed Super Fund structuring and advice, Asset structuring and Business Succession Planning and Aged Care advice. His experience as both a Lawyer and Financial Adviser provides unique insight and the ability to adopt a strategic approach in delivering legal solutions to his clients. Chris holds regular speaking engagements, educational workshops and guest radio spots, presenting on a wide range of both legal and financial topics. Chris is the Managing Director of "Hill Legal" and "Life Solutions, Financial Advisers" which both focus on providing holistic tailored legal and financial and legal solutions to clients at different stages of their life. Chris holds other non professional associations and sits on the board of various charitable and philanthropic organisations. Chris is an avid adventurer and has climbed Mountain Peaks in Nepal and New Zealand and enjoys offshore racing, sailing and bike riding.

Gregory Russo

Greg Russo is a partner at Featherbys Barristers and Solicitors. He is a LIV Wills and Estates Accredited Specialist, a Member of the LIV Specialist Accreditation Education Advisory Committee and the LIV Wills and Estates Advisory Committee. In the last few years he has organised, chaired, moderated and presented at a number of LIV events, mainly in the area of Wills and Estates.

Therese Borger

Therese Borger holds a Bachelor of Arts and a Bachelor of Laws from Queensland University of Technology, is currently completing a Masters of Applied Law at the College of Law in Melbourne and is recognised as a Rising Star in the Doyle's Guide to the Australian Legal Profession for 2018.. Throughout the entirety of her undergraduate studies, Therese worked in respected general practice and family law firms in Brisbane. After relocating to Melbourne, Therese completed a Graduate Diploma in Legal Practice from the College of Law and has practiced primarily in family law, while also gaining useful experience in commercial disputes and criminal defence. Having appeared for and represented clients from a wide variety of cultural backgrounds and financial resources, Therese prides herself on being an outcome focused lawyer. She brings to her practice an open mind and a creative approach to resolving both financial and parenting matters. Therese regularly contributes to the LIV Law News and Young Lawyers blog, volunteers at Westjustice community legal service and is a member of the Law Institute of Victoria, the Family Law Section of the Law Council of Australia and the LIV Community Issues Committee.

Venue Details

Sandhurst Club

Ground Level, 75 Clubhouse Lane
Sandhurst 3977
VIC, AUS

Ph: (03) 8787 7011

Directions:

Free car parking available onsite.

No parking or travel costs are included in the conference fee.

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