CELEBRATING 12 YEARS AS AUSTRALIA S #1 LEGAL CPD PROVIDER THE BEST SEMINARS

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1 PROGRAM MARCH 2015 MELBOURNE CELEBRATING 12 YEARS AS AUSTRALIA S #1 LEGAL PROVIDER MORE OPTIONS More face-to-face seminars, live web seminars and on-demand recordings than any other provider with programs in every state and territory and New Zealand THE BEST SEMINARS It was without a doubt the most interesting training day I have ever attended. Ever. Excellent. Best seminar I ve been to. INCREDIBLE VALUE Membership Special Offer! Gain 10 Points, 10 Past Seminar Papers and Much More for only $875. See inside for details BECOME COMPLIANT BY 1 MARCH DEADLINE!

2 YOUR REQUIREMENTS AS A LEGAL PRACTITIONER CONTENTS All legal practitioners who hold a Victorian Practising Certificate are required to complete 10 hours of activities every year (even if the holder practises interstate or overseas). The legal profession rules require that all practitioners who hold a current practising certificate must, during each year (01 April to 1 March) complete mandatory continuing professional development by completing a course of education which satisfies the following requirements: The course must be relevant to a practitioner s immediate or long term needs in relation to the practitioner s professional development and to the practice of law; The course must have an aggregate value of ten (10) units; The course must include at least one (1) unit in each of the compulsory fields: - Ethics and Professional Responsibility - Practice Management and Business Skills - - Substantive Law A practitioner s engagement in a course of continuing professional development will entitle the practitioner to one unit for each hour of participation in the course; The maximum claimable points in any one day is Points HOW CAN WE HELP? MORE OPTIONS Legalwise Seminars has more face-to-face seminars, live web seminars and on-demand recordings than any other provider with programs in every state and territory & New Zealand - Choose from over 5 individually bookable half-day seminars and full-day conferences in Victoria alone this March. THE BEST SEMINARS Excellent. Best seminar I ve been to. The most useful seminar I have ever been to by far. It was without a doubt the most interesting training day I have ever attended. Ever. VALUE If you have not gained any points and want to save money why not sign up to our 10 Point Special Offer and you can choose any seminars to attend for a total price of $875. In addition we will give you 10 free past papers from our library of past seminars. Call us on (02) for more information. TRACK YOUR In addition we want to help you track and manage your points. Please contact us and we can provide you with a summary of your points gained from activity with Legalwise Seminars since 1 April 201. For a statement of your points earned with Legalwise Seminars, please us on info@legalwiseseminars.com.au or call us on (02) COMPLIANCE Compliance for All ( March) PAGE 5 10 Points Program (21 March) 19 Compliance for All 19 Compliance For All (25 March) 22 Compliance for All (0 March) Points Program (1 March) 29 Compliance for All 29 ADMINISTRATION LAW AND GOVERNMENT Practical Applications of Administrative Law 11 Decision Making and Reason Writing: Correct and Preferable Decisions 11 Government ' Conference 1 Current Legal Issues for Government 1 G o v e r n m e n t C o n t r a c t s 1 BUILDING AND CONSTRUCTION Deconstructing Construction Law 2 CORPORATE AND COMMERCIAL Inaugural Director's Duties Day Advising Directors Litigating Breaches of Director s Duties Commercial Law Conference: The Critical Issues 15 Drafting Everyday Contracts 17 Shareholder Agreements and Disputes 17 Legal Issues for Startup Companies 2 Bankruptcy and Insolvency: Updates and Best Practices 25 th Annual Contracts Conference 27 Contracts Drafting Master Class 27 Contracts in Practice 27 Trusts and Deeds: Latest Developments and Pitfalls 2 SMSFs: Property, Death and Taxes 28 CRIMINAL LAW Criminal Law Symposium 20 Current Issues for Criminal 20 Compliance for Criminal 20 ENVIRONMENTAL AND PLANNING Environmental Law and Planning Law Conference 9 Environmental Law and Planning Issues 9 Environmental Planning Prosecutions, Enforcement Orders and Appeals 9 FAMILY LAW 7th Annual Family Law Conference 7 Practising Family Law in Compliance for Family 7 Family Law Fundamentals 0 IN-HOUSE COUNSEL 8th Annual In-House Counsel Conference PAGE 12 Current Issues for In-House Counsel 12 Compliance for In-House Counsel 12 INTELLECTUAL PROPERTY Intellectual Property Law Conference 2015 Developments in IP Case Law and Legislation Roundup Commercial Aspects of IP LITIGATION Advanced Litigation Conference 1 Advanced Litigation Skills and Update 1 Compliance for Litigators 1 Evidence and Advocacy Master Class 18 Litigation Skills: An Evidence Master Class 18 Advocacy Mastery 18 MISCELLANEOUS Migration Law Workshop 22 Legal Issues in the Not-For-Profit Sector 2 PERSONAL INJURY Medico-Legal Update 5 2nd Annual Personal Injury Conference 1 Personal Injury Roundup 1 Compliance for Personal Injury 1 PROPERTY LAW Property Law Conference Mastering the Current Principles in Property Law 10 Compliance for Property 10 Advanced Retail and Commercial Leasing 21 Practical Conveyancing Solutions 21 WILLS AND ESTATES Wills and Estates Conference 2 Estate Disputes 2 Issues in Estate Practice 2 Drafting and Administration of Wills 0 WORKPLACE LAW 2nd Annual Workplace Relations Legal Symposium 8 Workplace Law: Being Prepared for Compliance for Workplace 8 Workplace Health and Safety Update FOR FULL TERMS AND CONDITIONS please visit Live Web Seminars: Please note our live web seminars will only proceed if we gain enough interest, therefore please could you indicate on this form which format you wish to attend (face-to-face or web seminar). Cancellations: If you are unable to attend a substitute delegate is always welcome at no extra charge. Please notify our office with their details. Alternatively, a transfer to a future event or credit for future use is available at no extra charge provided notice is given, in writing at least 2 hours before the event. A cancellation fee of $50 will apply for all events when a refund is requested less than full working days prior to the date of the event. Regrettably no refunds or credits will be available if notice is given of nonattendance less than 2 hours prior to the start of the event. Please advise changes by to accounts@legalwiseseminars.com.au Early Bird Offer: Register and pay by the 2 December 201 and receive the Early Bird Price and free past seminar paper. Privacy: Legalwise Seminars Pty Ltd protects the privacy and security of information provided by you. By completing this form, you agree to the use of your personal information by Legalwise Seminars Pty Ltd. to process your registration or enquiry, to contact you about products, services and events, and for internal purposes. A list providing only the delegates name, job title and company are provided to all presenters prior to the event. You may request to gain access to any of your personal information that we have collected. Please tick this box [ ] if you do not wish to receive direct marketing material by mail. Please tick this box [ ] if you do not wish to receive direct marketing material by . For our full privacy policy please visit REGISTERING FROM LEGAL AID OR A CLC? All registrations booked and paid for by Legal Aid or Community Legal Centres are entitled to 50% off the standard Registration Fee for all half day seminars and full day conferences. To register, call (02)

3 Attend the full day and Earn points in Substantive Law Attend and earn points in Substantive Law Attend and Earn points Including: 1 point in 1 point in 1 point in 15V01 INAUGURAL DIRECTOR S DUTIES DAY 15V02 MEDICO-LEGAL UPDATE 15V0 COMPLIANCE FOR ALL LAWYERS ( MARCH) WEDNESDAY, MARCH AM TO 5.15PM $810 WEDNESDAY, MARCH AM TO 1.15PM $0 WEDNESDAY, MARCH PM TO 5.15PM $0 For the first time ever, our Director s Duties seminar expands to a full day conference. Split into two sessions, the morning will focus on the issues for those advising Directors and Directors themselves, while the afternoon explores current litigation and case law for breaches of Director s Duties. This conference provides an important opportunity for corporate lawyers and Directors to stay up-to-date on this constantly changing area in just one day. Session One: Advising Directors $0 15V01A Chair: Carolyn Reynolds, General Counsel, Federation Centres Board Composition and Nomination Nomination, appointment and remuneration Governance and assessment of independence Shareholder activism and the removal of directors Presented by Michael Wilton, Special Counsel, Norton Rose Fulbright; AFR Best Lawyer 201 in Corporate Governance/ Practice Existing and Emerging Defences Available to Directors for Breaches of the Corporations Act Business judgment rule The sections 117S and 118 exculpatory defences The AICD s report on the honest and reasonable director defence Presented by Craig Semple, Partner, Gilbert + Tobin; AFR Best Lawyer 201 in Corporate Law, Corporate/Governance Practice, Equity Capital Markets Law, Mergers and Acquisitions Law, Mining Law, Natural Resources Law and Private Equity Law and named Melbourne Lawyer of the Year (Corporate Law) Directors Duties in Specific Scenarios Mergers & acquisitions: offence and defence B-Corps: What are they and what could they mean for Australian directors? Responsible entities and corporate trustees: lessons from Prime Not-for-profits and charities Presented by Andrew Walker, Partner, Clayton Utz; AFR Best Lawyer 201 in Corporate Law; Commercial Law; Corporate/Governance Practice and Mergers and Acquisitions Law and Jonathan Garland, Senior Associate, Clayton Utz Exposure of Directors to Liability When a Company is Under Financial Stress: What is the Limit? When can directors become personally liable for corporate insolvency? Why do SMEs and Public Companies react so differently to approaching insolvency? Tips for advising SMEs on director s duties during insolvency Presented by Ted Woodward SC, Lonsdale Assessing Insolvency How a liquidator determines insolvency The analysis undertaken and factors taken into account Presented by Damian Templeton, Partner, KMPG Session Two: Litigating Breaches of Director s Duties $0 15V01B Chair: Carolyn Reynolds, General Counsel, Federation Centres How the Corporations Act is Being Interpreted: Recent Cases Oppression cases The Court s treatment of non-professional directors: Is there any difference? - How ASIC treats a breach by a non-professional director Heightened liability of a Chairman of listed companies Recent and topical cases Presented by Simon Rubenstein, Barrister, Lonsdale Criminal Sanctions and Civil Penalties Imposed for Director s Breaches Insolvent trading Insider trading As trustees of SMSFs OHS prosecutions Presented by Justin Brereton, Barrister, Melbourne Duties and Powers of Directors and Officers Sections 180, 181 and 182 of the Corporations Act Indemnities of directors for civil or criminal prosecutions under the Corporations Act Presented by Howard Rapke, Partner, Holding Redlich Great! Fantastic learning experience, knowledgeable speakers and good materials Supported by: Commercial Bar Association of Victoria Keeping up to date with change is important for medical negligence lawyers and health professionals. In addition to hearing from Judge Saccardo about running cases in the County Court, learn about significant changes to the regulation and discipline of health practitioners, review the year s most significant cases including decisions covering the duty to third parties and refresh your understanding of the unique position of the medical expert in medical negligence cases. Chair: Danny Masel SC, Lennon s List Running Medical Negligence Matters in the County Court Presented by Judge Saccardo, County Court of Victoria A Year in Review Having acted for many Victorian public and private hospitals and doctors, and with extensive experience in coronial enquiries, significant claims and defence litigation in the medical malpractice sphere, Jane Fiske will bring her wealth of knowledge and experience to this presentation which will provide a consideration and analysis of some of the significant medical negligence cases decided in the past year. Presented by Jane Fiske, Partner, Lander & Rogers Liability Experts in Medical Negligence Matters How to select, instruct and prepare liability experts in medical negligence matters Joint reports and concurrent evidence: traps and pitfalls and how to negotiate them Recent cases affecting expert evidence in medical negligence matters Presented by Dr Ian Freckleton QC, Howell s List, Author of many books on evidence and part-time member of numerous boards and Tribunals Current Development in Health Practitioner Regulation and Complaints National Scheme Three Year Review Review of AHPRA Standards Victorian draft complaints legislation Current cases and decisions Presented by Michael W Gorton AM, Russell Kennedy Recent Developments in Exploring the Duty to Third Parties: Liability, Confidentiality and Privacy Issues Recent decisions exploring the situations in which a duty is or might be owed to persons other than the patient Is there an ethical duty to rescue? Privacy and confidentiality: When can and should it be breached in order to protect a third person? Presented by Bob Milstein, Principal, Milstein and Associates IN-HOUSE TRAINING? We also offer in-house training courses. Call us on (02) to find out more. Earn your compulsory points while building your understanding of a variety of areas that will enhance your legal practice. Refine your Plain English communication skills, refresh your understanding of ethical obligations with your clients and ensure your billing practices are meeting your client expectations. Chair: Ian Gibson, General Counsel, Victorian Government Solicitor s Office Common Pitfalls Ethical dilemmas you will face: likely scenarios Overview of your ethical duties Advising clients on ethical issues A legal practitioner s ethical responsibilities for a client s actions Conflicts and interactions between business interests and the public interest The interplay between ethical approaches and regulation Presented by Roisin Annesley QC, Owen Dixon Being Financially Well Placed Fixed costs and variable income Allocation of resources at start of billing cycle Milestones and end dates in estimates Matching your billing strategy with client expectations Personal budgets and linked incentives impact culture Claims arising from poor resourcing and recoveries Consulting firms that focus on doing less Some simple tips Presented by Geoff Rees, Director, JRT Partnership Pty Ltd Plain English: Communicating Like a Professional Rather Than a Technician What is plain English? Assessing client sophistication and adopting best fit plain English writing Hallmarks of a plain English communicator, and some tips of assessing your own Structures that work Seeking plain English explanations from professional and technical clients in specialised fields Workshop in application: with examples in letter writing and copywriting skills for lawyers Presented by Alicia Patterson, Director, House Consulting SAVE $110 OFF THIS HALF-DAY SEMINAR Register and pay for this seminar and another half-day seminar in the one transaction for a total price of $810 05

4 Attend the full day and earn points in Substantive Law Attend the full day and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in 15V05 INTELLECTUAL PROPERTY LAW CONFERENCE V0 7 TH ANNUAL FAMILY LAW CONFERENCE THURSDAY, 5 MARCH AM TO 5.15PM $810 THURSDAY, 5 MARCH AM TO 5.15PM $810 Keep on top of the latest intellectual property case law and legislative movements, and refresh your understanding of intellectual property issues in social media, online brands, and licensing agreements. Session One: Developments in IP Case Law and Legislation $0 15V05A Chair: Ed Heerey, Barrister, List G Barristers Copyright Developments in the Online Space: The Road Ahead Australian government review and legislative movements Australian and international copyright case updates Presented by Robert Gregory, Partner, Maddocks Trade Mark Law and Restraint of Trade Review of law relating to restraint of trade clauses in light of the Thredbo case Presented by Nico Burmeister, Barrister, Young s List Inventive Step and Novelty in Patent Law: Clarifying the Situation Since Generic Health v Bayer Pharma Aktiengesellschaft and AstraZeneca v Apotex The legislative framework and the information that may be taken into account when assessing novelty and inventive step Recent Australian decisions on inventive step and novelty Practical implications of these developments Presented by Susan Gatford, Barrister, Owen Dixon Interlocutory Injunctions in IP Disputes Strategic considerations Legal principles and evidence required Recent cases and trends Presented by Andrew Sykes, Barrister, Greens List Register for the whole day or just the session that is relevant to your practice. Session Two: Commercial Aspects of IP $0 15V05B Chair: Glenn McGowan QC, Barrister, List A Barristers IP and Social Media Who owns what in social media? Trade marks and copyright in social media Risks associated with user generated content: copyright infringement, defamation, misleading and deceptive conduct and advertising standards How to manage risks What to do if social media content infringes your clients rights: procedures on the platform and litigation Presented by David Smith, Partner, Corrs garth IP Dispute Insights with a Focus on Protection of Brands Online Domain name disputes and issues, including challenges to businesses and their advisers from the new gtlds How to deal with infringements, including avenues such as the ICANN/WIPO process Remedies available to trade mark owners under the Uniform Rapid Suspension System (URS), Uniform Domain-Name Dispute Resolution Policy (UDRP) and the.au Dispute Resolution Policy (audrp) procedures Parallel importation and trade mark infringement Dealing with cybersquatting Presented by The Hon. Neil Brown QC, Barrister, Owen Dixon Online Content Licensing Strategies for Maximising the Return on Your IP Key issues to consider when developing online content licences Avoiding the pitfalls and maximising your return when licensing your content online Steps to take to ensure the enforceability of your online content licences Presented by Kent Davey, Principal, TechComm Legal Legalwise always puts forward well thought out seminars and very knowledgeable speakers. From an update on the new add backs landscape and small money cases to professional negligence claims against family lawyers, our Family Law Conference this year offers a great array of practical and topical issues. Our expert panel will also consider the delicate balance involved in reconciling children s interests and confidentiality, the practicalities of de facto matters, and more. Session One: Practising Family Law in 2015 $0 15V0A Chair: Jason Walker, Partner, Gadens; Accredited Specialist in Family Law and Children s Law Add Backs: Clarifying the New Landscape How have courts dealt with S79 property matters following Stanford and Bevan? What s permitted and what s not Judicial attitudes Does Hickey & Hickey four step approach still apply, or have the courts developed another process to deal with S79 applications? Presented by Alice Carter, Barrister, Owen Dixon East Small Money Cases/ Small Matrimonial Pool Small asset pools v significant needs Issues facing Courts and practitioners with respect to ageing separated spouses In the aftermath of Stanford s case, would Spousal Maintenance Orders better address the needs of separated ageing spouses? How to divide when pool/net asset position is less than $ (and when one party has a high income capacity and the other may have significant needs) Keeping the focus on the big issues Mediation and alternatives to litigation Keeping costs down Presented by Lino Marchetti, Barrister, Holmes List; Accredited Mediator Surrogacy, Adoption and IVF What to do if a surrogacy matter comes through the door Baby Gammy, and similar cases bringing surrogacy into focus Is there a need for a national approach to surrogacy? To adopt or not to adopt: how spousal and adult adoptions tie in with parenting orders Case law around IVF, surrogacy and adoption Presented by Ben Sayer, Partner, TJ Mulvany & Co Separate Financials: Running De Facto Matters Legal principles in financial disputes and agreements between de facto couples, as compared to married couples Alternatives to the Family Law Act for de facto couples Obtaining a declaration that there is a de facto relationship Evidence usually needed in de facto relationship cases What orders can be sought in disputes as to jurisdiction? Recent cases Presented by John Spender, Partner, Kennedy Partners ; Accredited Family Law Specialist Orders with a Difference: Grandparents, Other Relatives and Parents with a Disability The approach judges take to non-parents, grandparents in respect of parenting orders and time with children Approach to parents with a disability s5c applications and the Courts view Presented by Kristina Antoniades, Senior Associate, Logie- Smith Lanyon ; Accredited Family Law Specialist, Nationally Accredited Mediator (NMAS) and Accredited Family Dispute Resolution Practitioner Session Two: Compliance for Family $0 15V0B Chair: Robyn Wheeler, Barrister, Owen Dixon East; Accredited Family Law Specialist How to Run Urgent and Ex-Parte Applications Presented by Bruce Walmsley QC, Owen Dixon East Ethics in the Family Law Environment A lawyer s fundamental duties Managing client relationships, relations with other lawyers and third parties Ethics in family law advocacy and litigation Identifying conflict of interest situations that require a practitioner to withdraw Practical considerations: effects on day to day practice? Presented by Sam Tatarka, Barrister, Foleys List Professional Negligence Claims Against Family Typical claims made Financial agreements: Still a hot topic? Claims prevention strategies: protecting your own assets as well as your clients Presented by Heather Hibberd, Chief Risk Manager, Legal Practitioners Liability Committee DID YOU KNOW? Accredited specialists must complete 12 hours of. 7

5 Attend the full day and earn points Including: points Substantive Law 1 point in 1 point in 1 point in Attend the full day and earn points in Substantive Law 15V07 2 ND ANNUAL WORKPLACE RELATIONS LEGAL SYMPOSIUM 15V08 ENVIRONMENTAL AND PLANNING LAW CONFERENCE WEDNESDAY, 11 MARCH AM TO 5.15PM $810 WEDNESDAY, 11 MARCH AM TO 5.15PM $810 Following the outstanding success of last year s Symposium, we are delighted to bring you our 2nd Annual Workplace Relations Legal Symposium Why Attend? You will receive an update on the latest developments at the Fair Work Commission followed by what will be a very interactive Q&A, moderated by Professor Anthony Forsyth. This Q&A will allow for discussion with the audience on some of the more interesting, and perhaps more contentious, areas of Workplace Law. In the afternoon our speakers will continue to deliver core legal updates whilst you gain your annual compulsory Core Units on topics tailored to Workplace Law. With the increasing pace of state reform both recently enacted and proposed, environment and planning law practitioners face a myriad of legislation to weave their way around. It is a wonder that learning to incorporate these reforms into your practice can be like walking a tight rope. Our morning session will review current and proposed reforms to a variety of areas within the realm of environment and planning regulation, followed by an afternoon session which will examine topical and important issues for environment prosecutions and appeals. Session One: Environmental Law and Planning Issues $0 15V08A Session Two: Environmental Planning Prosecutions, Enforcement Orders and Appeals $0 15V08B Session One: Workplace Law: Being Prepared for 2015 $0 15V07A Chair: Michael Butler, Principal, HR + WorkLaw Keynote Address Presented by Commissioner Leigh Johns, Fair Work Commission Q&A This highly interactive Q&A brings together Victoria s leading legal minds who will discuss the most recent employment law developments and debate on their significance for employers and employees. Moderator: Professor Anthony Forsyth, RMIT University Panelists: Alister McNab, Barrister, Aickin Jonathan Forbes, Barrister, Aickin Melinda Richards SC, Joan Rosanove Covert Recordings in the Workplace and Smartphones In the Smartphone era, it is has become increasingly common for employment-related conversations to be covertly recorded. Nandi will explore the implications for employers when employees make covert recordings of conversations in the workplace, with particular regard to the relevant case law on misconduct and the admissibility of unlawfully obtained evidence. Presented by Nandi Segbedzi, Special Counsel, Justitia Sexual Harassment: The Current State of Play Post Oracle In this session Sarah will discuss the risks for employers post Oracle. This decision marks a significant upward shift in compensation being awarded as a result of sexual harassment in the workplace and it is critical that employers understand their risks to ensure that they are protected from successful claims. Sarah will provide insights in lessons to be learnt and the costs of risks to the employer by examining adverse media and the impact on employer brand and professional careers. Presented by Sarah Ralph, Partner, Norton Rose Fulbright Australia Session Two: Compliance for Workplace $0 15V07B Chair: Michael Butler, Principal, HR + WorkLaw Ethical Dilemmas Workplace relations practitioners routinely advise clients on ethical dilemmas in their workplace. A practitioner s advice and conduct however must rise above, and not be subsumed by, a client s ethical dilemmas, whether acting for an employer or employee. This session gives pragmatic guidance on a range of specific scenarios unique to workplace relations practitioners. Presented by Rob Jackson, Principal, Aitken Partners; Accredited Specialist, Workplace Relations and Commercial Litigation Workplace Investigations: Avoiding Costly Mistakes Workplace investigations into employee conduct are becoming more and more common in workplaces. It is vital that a proper process is followed and that any workplace investigation is conducted in a way that will withstand scrutiny if the outcome is challenged. This session will look at practical steps employers can take to implement an effective and procedurally fair workplace investigation and reach sound conclusions. Presented by Michaela Moloney, Special Counsel, K&L Gates Drafting Restraint of Trade Clauses After working as associate to French J in the Federal Court and as a solicitor with Freehills in Perth and Melbourne, Mark signed the Victorian Bar roll in He appears regularly in the Federal, Supreme, County and Magistrates Courts, Fair Work Commission, VCAT and various disciplinary tribunals. He is acutely aware that, in employment law as in other areas of commercial law, drafting good contracts is the key to minimising damaging and costly litigation or winning the cases that can t be settled. He will draw on decided case law in this session to illustrate the key principles of drafting restraint clauses. Presented by Mark Rinaldi, Barrister, Melbourne Chair: Professor Simon Molesworth AO QC, Owen Dixon ; Professor, La Trobe University Institute for Social and Environmental Sustainability Environmental Impact Assessment and Securing Project Approval Update This session will provide an update on the latest developments in relation to the assessment and approval of projects and initiatives to streamline and expedite the process. Victoria s new Assessment Bilateral Agreement and implementation of the Commonwealth s One Stop Shop policy for environmental approvals Approval of major transport projects under the Major Transport Projects Facilitation Act 2009 (Vic) Other State assessment and approval pathways and streamlining initiatives and developments Presented by Sallyanne Everett, Partner, Clayton Utz Vegetation Regime in Victoria and Offsets Update on planning rules for native vegetation clearing Update on native vegetation offset regime Rural Fires Amendment (Vegetation Clearing) Bill 201 Presented by Jeff Lynn, Partner, Ashurst Planning Policy Implementation Update Implementation of Plan Melbourne VCAT consideration of Plan Melbourne and new zones Presented by Mark Bartley, Partner, HWL Ebsworth Workings of the Contaminated Land Regime A review of recent policy proposals for reform of the contaminated land regime in Victoria, including: Cleaner Environments Smarter Urban Renewal: an agenda for future policy and regulatory change The Statutory Policy Review and future review of SEPPs (contaminated land, water and groundwater) Understanding CUTEP and audit system reform EPA compliance and enforcement in relation to contaminated sites Presented by Mark Beaufoy, Partner, King & Wood Mallesons Chair: Nick Tweedie SC, Owen Dixon EPA Environmental Enforcement EPA s approach to compliance and enforcement Nature of environment offences under the Environment Protection Act and related legislation Sentencing outcomes including penalties: the prosecutor s perspective Non-prosecutorial responses and penalties other than fines Presented by Lara Jimenez, Solicitor to the EPA, Environment Protection Authority Victoria Enforcement Proceedings Update Trends in environmental enforcement Presented by David Deller, Barrister, Owen Dixon East Land Acquisition Compensation for Native Vegetation and other Environmental Reserves Interpretation Expert evidence used in compulsory acquisition Proper assessment of value and compensation Presented by Andrew Walker, Barrister, Owen Dixon East Wonderfully informative REGISTER FOR THE WHOLE DAY OR JUST THE SESSION RELEVANT TO YOU 9

6 Attend the full day and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in Attend and earn points Including: points in Substantive Law 1 point In Attend and earn points in 15V09 15V10 15V11 PROPERTY LAW CONFERENCE 2015 THURSDAY, 12 MARCH AM TO 5.15PM $810 PRACTICAL APPLICATIONS OF ADMINISTRATIVE LAW DECISION MAKING AND REASON WRITING: CORRECT AND PREFERABLE DECISIONS THURSDAY, 12 MARCH AM TO 1.15PM $0 THURSDAY, 12 MARCH PM TO 5.15PM $0 This day long conference comprises the more complex property law matters faced in everyday practice. Honing in on owners corporations, the significant Sale of Land Act amendments, the ever perplexing area of taxation, the implications of the new form of contract for sale of land and an examination of caveats, these thought provoking topics will be covered in this seminar. Our expert panel will also cover the compulsory units for those practitioners wanting to secure their last minute points. Session One: Mastering the Current Principles in Property Law $0 15V09A Chair: Peter Bazzani, Partner, Bazzani Scuddle Priddle; Accredited Property Law Specialist Owners Corporations: Legislative Update and the Defining Issues Review of the past year: legislative amendments, case law, general developments Apportionment of owners corporations expenses Members that don t pay levies Maintenance of common areas Altering plans of subdivision Presented by Tim Graham, Partner, HWL Ebsworth The Critical Sale of Land Act Amendments Key principles, obligations and impact Key changes and how these will affect transactions Penalties Practical impact of the changes, topical matters, and how this will affect practitioners everyday handling of matters Presented by John Turnbull, Director, M + K The Mortgagee s Power of Sale Conditions for exercise of mortgagee power of sale Warrants for possession Interplay between mortgagee s power of sale and caveats Rights of tenants in a mortgagee sale Mortgagee s power of sale in cases of mortgage fraud Presented by Julie Barkla, Partner, Wisewould Mahony Compensation for Caveats A person who lodges a caveat, procures the lapsing of a caveat, or refuses or fails to withdraw a caveat when requested to do so, without reasonable cause, faces a compensation risk. Who may make a claim for compensation? Principles that govern the liability to pay compensation Relevance, consequence or effect of legal advice Presented by Dr Michelle Sharpe, Barrister, Owen Dixon Lively presenters, valuable knowledge Session Two: Compliance for Property $0 15V09B Chair: Helen Scott, Partner, Holding Redlich Ethical Issues Encountered When Acting for Both Sides of a Transaction Acting for both sides of a property, development or financing transaction: when and how, and what are the pitfalls? The common ethical dilemmas faced Presented by Harlis Kirimof, Barrister, Owen Dixon Taxing Property Matters: Niche GST, Stamp Duty and Land Tax Issues Current GST, stamp duty and land tax issues for property transactions, including: Proposed changes to the GST supply of a going concern exemption and the impact on property developments Making the best use of the GST margin scheme provisions Avoiding double duty in relation to nominations, options and development agreements GST and stamp duty issues in respect of leasing transactions GST and stamp duty on retirement village sales, including the SRO s change in approach Land tax issues for property developments in Melbourne s growth areas Presented by Craig Whatman, Partner, Executive Director Tax Consulting, Pitcher Partners New Form of Contract for Sale of Land and its Impact on Your Practice Anticipated changes and practical implications How to prepare and what to expect Special clauses dealing with e-conveyancing Comparison with the current version Presented by Philip H Barton, Barrister, Owen Dixon The Property Law Conference 2015 is supported by: Avoid the esoteric and attend this practical seminar on regular issues dealt with by administrative law practitioners. Understand the impact of constitutional law in judicial challenges of administrative decisions, consider the common errors made in investigations and enhance your ADR skills. In addition, benefit from a current analysis of the most significant administrative law decision in recent years, Project Blue Sky. A must-attend event for administrative law practitioners. Chair: Stephen Donaghue QC, Owen Dixon Investigations by Government Departments and Statutory Bodies: Fairness, Legality and Efficiency Examine some common errors and the importance of good administrative practice during investigations Administrative law identifies the limits of legitimate government action In the context of investigations by agencies issues of legitimacy can arise in relation to matters such as: - Evidence gathering - Use of information - Applying natural justice - Managing the overlap between administrative action, civil penalty and criminal prosecution Presented by Joanne Kummrow, Special Counsel, Victorian Government Solicitors Office Alternative Dispute Resolution in Administrative Law Understanding the good working practice in ADR: what works well, what doesn t work well How is ADR in administrative law different from ADR in other areas of law? Presented by Dr Rebecca French, Consultant, DLA Piper and Sessional Member of VCAT Intersection Between Constitutional Law and Administrative Law What does the Constitution add to the established processes for judicial review? - Using the High Court s original jurisdiction - Using the equivalent s 9B Federal Court jurisdiction - Ensuring that state courts continue to provide a forum for judicial review What substantive grounds of review does the Constitution add? - Eliminating privative clauses in challenges to Commonwealth decisions - Eliminating privative clauses in challenges to state decisions - Other constitutional possibilities What decision makers need to be aware of Presented by Peter Hanks QC, Owen Dixon and Benjamin Jellis, Barrister, Joan Rosanove Making Sense of Project Blue Sky The High Court decision in Project Blue Sky sets out a test for whether breach of a statutory requirement leads to the invalidity of a decision whether Parliament intended the breach to lead to invalidity. This paper proposes a framework by which to ascertain the intention of Parliament, considering the modern objective approach to intention urged by the High Court. Presented by Graeme Hill, Barrister, Owen Dixon Our Annual Decision Making and Reason Writing Seminar will take a different approach, when considering the time honoured question of How best to structure and communicate decisions to ensure they are correct and preferable? With a practical panel workshop, our speakers will consider this question in light of some past examples of what has and hasn t worked. In addition, we explore what are other possible challenges to good decision making. Chair: The Hon Peter Heerey AM QC, Dawson Making and Communicating the Correct and Preferable Decision: A Panel Workshop In this panel workshop you will discuss, using example decisions, how best to structure and communicate decisions that are correct and preferable. Learn how to ensure decisions and reasons given are clear, readable and comply with statutory requirements Understand where reasons often fail to be understandable and defensible Discuss the importance of communicating the decision effectively to the person affected and any person/tribunal/ court reviewing the decision Panellists: The Honourable Tom Wodak, former Principal Character Decision Maker, Department of Immigration and Citizenship The Hon Peter Heerey AM QC, Dawson Dr Damien Cremean, Barrister and Adjunct Professor, University of Queensland; former Deputy President, VCAT Ian Proctor, Senior Member, Victorian Civil and Administrative Tribunal Understanding the Psychology of Decision Making Evolution and decision making Understanding the different ways to make a decision The influence of the type of case and the personality of the decision maker on the process Wisdom: what is it and how to use it to make good decisions Obstacles to effective decision making Presented by Maryanne Mooney, Partner, Lindentree Leadership Consulting Dealing with Cross Cultural Issues and Bias: A Workshop Effective intercultural communication can mean the difference between a fair or a biased decision. This workshop will assist you in recognising different styles of communication and developing strategies for making accurate determinations even in the context of cultural difference. Presented by Dr Barbara, Director of Training, Culture Works ALL SEMINARS MAY MAY ALSO ALSO BE BE AVAILABLE AS LIVE AS LIVE WEB WEB SEMINARS OR OR ON-DEMAND RECORDINGS 11

7 Attend the full day and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in Attend the full day and earn points Including: 2 points in Substantive Law 2 points in 1 point in 1 point in 15V12 8 TH ANNUAL IN-HOUSE COUNSEL CONFERENCE 15V1 ADVANCED LITIGATION CONFERENCE FRIDAY, 1 MARCH AM TO 5.15PM $810 FRIDAY, 1 MARCH AM TO 5.15PM $810 This conference is well established as a primary event for in-house counsel. Delivering timely information from the leading experts in their field plus case studies from in-house counsel, you can t afford to miss this event. Why? Meet your annual requirements in the core areas; network with colleagues; stay up-to-date on the most relevant legal issues for in-house counsel all on the one day. Mark your calendar now. Session One: Current Issues for In-House Counsel $0 15V12A Chair: Pearl Dreier, Chief Legal Counsel, RACV Privacy Implementation Issues Following the New Privacy Act Reforms in March 201 A status check on your privacy compliance: Are you up to date with the new requirements? An update on the Privacy Commissioner s enforcement powers Important elements of the new regime and what they mean for you: - Direct marketing requirements - Offshore disclosure rules - Credit reporting when do the new rules on handling credit reporting information apply to you? - Data security obligations Presented by Eugene Foo, Deputy General Counsel, GE Capital Finance Australasia The PPSA Nightmare: How to Avoid Waking Up in a Cold Sweat When do PPSA issues arise? Implications of not properly registering your security interest The year review Recent cases Presented by Annette Gaber, Partner, Gadens Employment Law Year in Review Implied terms and the Barker case: implications Defining the boundaries of the office: E & V case; and the R v O case Bullying and adverse action: what are we learning from the Fair Work Commission and the courts? Legislative reform update Presented by Amanda Watt, Partner, Minter Ellison IT Supply Contracts: Issues in a Changing Landscape Practical considerations and tips for in-house counsel when moving from traditional IT licensing models to software-as-aservice and cloud arrangements. Presented by Jason O Connell, Head of Enterprise Services & Transformation Legal, National Bank Australia Session Two: Compliance for In-House Counsel $0 15V12B Chair: Pearl Dreier, Chief Legal Counsel, RACV Establishing Ethical Behaviour Through the Chain of Command Implementing clear ethical guidelines, practices, and expectations throughout a business at every level in the chain of command Evaluating and monitoring whether ethical guidelines are being followed Addressing situations where there is an ethical deficiency or breach Dealing with unethical behaviour directly or by delegating the issue through the chain of command The in-house lawyer as conscience of the business: It may be legal but Presented by John Snowdon, Corporate Counsel, Monash Health Strengthening Your Organisation s Legal Compliance Regime What is legal compliance? Role of the in-house lawyer Mapping your organisation s compliance risks Keeping abreast of the law Tailoring compliance training for your organisation Presented by Julie Pulford, Team Leader and Megan Fincher, Senior Legal Counsel, Enterprise Legal, Governance, CSIRO Termination of Employment: Avoiding Risks Best practice performance management Valid reasons for termination of employment How to effect a lawful termination of employment Strategies to minimise the risks of a claim Performance management and dismissal checklists Key lessons from the case law Common mistakes for employers: What are the no-no s? Agreed separation as an alternative to dismissal Presented by Mark Howard, Partner, HWL Ebsworth Great to have a tailored session for in-house counsel and presenters did a great job of making the information relevant Venture beyond the basics and spend a day examining the nuances of litigating that can help you stand apart from the crowd. This panel of experienced litigation experts will give you practical guidance on high level litigation and advocacy strategies and techniques. In addition, you ll gain valuable legal skills and ethics points while hearing advanced topics specifically tailored to experienced litigators. If you want to become a master litigator or simply broaden your advocacy skillset, this seminar will help you achieve your goals. Session One: Advanced Litigation Skills and Update $0 15V1A Chair: Mary Anne Hartley QC, Owen Dixon Civil Appeal and Commercial Court Reforms Key elements of civil appeal reforms - Leave to appeal and single judge determinations - Written case and supporting papers - Timing issues, electronic filing and case management Recent reforms in the new Commercial Court - Practice and procedure in the new Commercial Court Presented by David Tedhams, Deputy Registrar (Legal), Court of Appeal and Julian Hetyey, Judicial Registrar, Commercial Court, Supreme Court of Victoria Case Law and Legislative Update Highlights of recent case law and statutory developments Analysis of the most topical and significant changes Practical implications for legal practitioners Presented by Martin Garrett, Barrister, Aickin Re-litigating Decisions and Issues: When Will it be Stopped? Confronting situations where there has been a prior determination of the same/similar facts Key elements of res judicata, Anshun estoppel, issue estoppel and abuse of process Applicability of principles to different courts and tribunals Recent cases and examples Presented by Cam Truong, Barrister, Owen Dixon Negotiation, Mediation and Settling Matters: From Average to Accomplished Preparing for mediation Tips and strategies for effective communication Dealing with difficult or unrealistic clients and opposing parties Working with your mediator Overcoming negotiation roadblocks and resuscitating stalled talks Traps and pitfalls to avoid Presented by Tim Connard, Barrister; Nationally Accredited Mediator and Victorian Bar Advanced Mediator Session Two: Compliance for Litigators $0 Chair: Michael Roberts QC, Barrister, Joan Rosanove 15V1B Enforcing and Executing Court Judgments Enforcement issues to consider early in a case Investigating a debtor s assets Identifying the best enforcement methods Freezing orders: playing the shell game Appeals and stay of execution applications Time to pay on a judgment debt Presented by Andrea Mapp, Barrister, Lonsdale Managing Large and Complex Litigation The hidden costs of large litigation Responsibility for managing expert and service provider costs Benefits and detriments of technology Managing a team of junior and senior lawyers Dealing with expectations of numerous plaintiffs Getting paid and the risks in large litigation Presented by David Leggatt, Partner, DLA Piper; Accredited Specialist in Commercial Litigation Ethically Managing Experts Ensuring a report s worth: admissibility and probative value Assisting in preparing a report: guidelines and ethical limitations Navigating difficult privilege issues Presented by Caroline Kirton QC, Owen Dixon Well presented and engaging very useful 1

8 ATTEND THE FULL DAY AND EARN INCLUDING: IN SUBSTANTIVE LAW 1 POINT IN PROFESSIONAL SKILLS 1 POINT IN ETHICS & PROFESSIONAL RESPONSIBILITY Attend the full day and earn points in Substantive Law 15V1 GOVERNMENT LAWYERS CONFERENCE 15V15 COMMERCIAL LAW CONFERENCE: THE CRITICAL ISSUES WEDNESDAY, 18 MARCH AM TO 5.15PM $810 WEDNESDAY, 18 MARCH AM TO 5.15PM $810 Attend this full day conference specifically tailored for Government to discuss topical and current issues facing Government lawyers in their practice today. In the morning session, explore the regulations and rules of managing information; consider misfeasance in the public office; review of the ethics of the model litigant policy and participate in a practical statutory interpretation workshop. While in the afternoon, our speakers will discuss some important issues and common problems for government lawyers in contracting. Session One: Current Legal Issues for Government $0 15V1A Chair: Kirsty Douglas, General Counsel, Executive Director Legal Services, Department of Environment and Primary Industries Managing Information: To Release or Not Public Interest and the Office of the Australian Information Commissioner (OAIC) Equitable action for breach of confidence: Commonwealth v Fairfax Recent case law Factors favouring disclosure What information is exempt? How to apply the exemptions - Content of certain specific exemptions - Recent cases highlighting some troubling issues Presented by Dr Damien Cremean, Barrister; Principal of FOI Results; Adjunct Professor of Law, University of Queensland; former Deputy President of VCAT Misfeasance and Other Offences in Public Office The key elements of misfeasance Recent cases and trends Key risk management practices to avoid the risk of a viable claim against your agency Presented by Anthony Rodbard-Bean, Barrister, Aickin The Model Litigant: How it Relates to Government Advisers Rules as they apply to government officials and their advisers Are the rules changing? Review of recent cases and practices Presented by Dr Ian Gibson, General Counsel, Victorian Government Solicitor s Office Statutory Interpretation: An Interactive Workshop This interactive workshop will examine the approach taken to statutory construction, with a particular focus on the High Court s comments about the importance of the text, together with consideration of context, legislative purpose and the use of extrinsic materials. Presented by Eamonn Moran PSM QC, Owen Dixon East; former Chief Parliamentary Counsel in Victoria and former Law Draftsmen in Hong Kong and Nick Wood, Barrister, Owen Dixon Session Two: Government Contracts $0 15V1B Chair: Darren Bloomfield, Chief Procurement Officer Finance, Department Transport Planning and Infrastructure Minimising Procurement Risks through Robust Pre-Contractual Process Designing and implementing an effective and robust procurement process Managing unsolicited proposals and direct negotiations Presented by Joanna Pugsley, Partner, Clayton Utz Probity of Process: How to Protect from Liability in Tendering Presented by Eve Grimm, Consultant; formerly Vic Roads Contract and Procurement Lawyer Common Liability Issues in Commercial Contracts Navigating requests for exclusion of consequential loss Determining limitation of liability period Drafting effective indemnity clauses Considering and agreeing requests for liability caps Presented by Cameron Ross, Partner, Minter Ellison Performance Based Contracting: Commercial Considerations for Government Ensuring value for money in government contracts Performance failures: What action can you take? Penalty doctrine Recent developments re liquidated damages/abatement clauses Practical examples of successful government performance based contracts Presented by James Smart, Partner, Maddocks IN-HOUSE TRAINING? We also offer in-house training courses. Call us on (02) to find out more. Consider the critical issues in your commercial practice; tax, PPSA, privacy, contractual warranties and indemnities just to name a few. Melbourne s legal experts on these very issues will be in one place at one time in March 2015 at our first ever Commercial Law Conference. This full day program is an event not to be missed. Chairpersons: Peter Haug, Partner, Schetzer Constantinou Katarina Klaric, Partner, Stephens Private Company Transactions: The A to Z Checklist of Due Diligence Objectives of the due diligence process: asset sale v share sale Key due diligence investigations: parties, assets, liabilities and other matters Due diligence outcomes: the results of investigations, and the impact on the transaction Presented by Sarah Gilkes, Partner, MDP McDonald Partners Steps to Business Succession and Structuring Buy/Sell Agreements Getting a business sale ready Exit options Structuring a buy/sell agreement (including share or asset sale) Key issues in buy/sell agreements - Warranties and liability limitations - Claw backs - Earn outs and protection for vendors Presented by Lynne Grant, Special Counsel, Hunt & Hunt Important Tax Changes in Business Law What s changed and what s relevant? Top 5 tax issues in business transactions Proposed GST changes and their impact on business sales - Going concern exemptions Presented by John Morgan, Barrister, Owen Dixon East ACCREDITED SPECIALISTS REQUIRE 12 EACH YEAR. PPSA in Commercial Transactions: A Refresher A refresher on key concepts under the PPSA Security agreements: What are they and when do I need one? Due diligence: Are assets encumbered? Registration, amendment and discharge of notations on the Register. Presented by Andrea Wookey, Partner, Tress Cox Pragmatic Privacy: Remaining Compliant Under Australia s New Privacy Regime Obligations under the revised privacy laws Ensuring your privacy policy and practices are compliant Privacy compliance as part of the due diligence process in an M&A transaction How to effectively deal with personal information in an M&A transaction Presented by Michael Park, Partner, Norton Rose Fulbright Employment Related Issues on Business Transfer Impact on leave entitlements Transfer of industrial instruments Redundancy entitlements Presented by Mark Dunphy, Partner, Hall & Wilcox Consumer and Competition Law Update Consumer Guarantees Unfair contracts: current status and proposed reforms Recent developments in relation to unconscionability The Harper Review: where next for Australian competition law? Presented by Daniel Preston, Partner, Herbert Smith Freehills Supported by: Commercial Bar Association of Victoria 15

9 Attend the full day and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in Attend and Earn points in Attend and Earn points in Substantive Law 15V1 2 ND ANNUAL PERSONAL INJURY CONFERENCE 15V17 DRAFTING EVERYDAY CONTRACTS 15V18 SHAREHOLDER AGREEMENTS AND DISPUTES THURSDAY, 19 MARCH AM TO 5.15PM $810 THURSDAY, 19 MARCH AM TO 1.15PM $0 THURSDAY, 19 MARCH PM TO 5.15PM $0 Ensure you keep abreast of developments in the personal injury/insurance space. Starting with a morning of updates across the major areas of personal injury law, this conference concludes with an afternoon of topics that cover the compulsory units of ethics, professional skills and practice management designed specifically to meet the needs of personal injury/ insurance lawyers. Each session is separately bookable or attend the whole day. Session One: Personal Injury Roundup $0 15V1A Chair: Judge James L Parrish, County Court of Victoria The New Workplace Injury Rehabilitation and Compensation Act 201 (Vic) Improving the process of objecting to a claim approved by the Authority Clarification of mutual return to work obligations Enhancing assessment review options Implications of the changes for employers: Updating pre-employment medical documentation Presented by Harry Gill, Principal, Robinson Gill Transport Accident Claims Update This presentation will discuss the current state of play in relation to Joint Medical Examinations in the context of the 201 legislative changes and will cover: Negotiation and implementation of the transitional period Permanent process Engagement with the medical professional Presented by Geraldine Collins, Principal, Maurice Blackburn, Immediate Past National President, Australian Alliance (ALA) Damages Update Summary of recent damages awards, including physical and psychiatric injuries Court of Appeal decisions Wrongs Act amendments and how they impact the damages claimable Presented by Andrea Tsalamandris, Partner, Adviceline Injury Medical Panels Update Disentanglement or unrelated impairment Multari s case and asbestos matters Mikhman, The Grange and the requirement to provide an opinion within a certain time Presented by Arushan Pillay, Barrister, Joan Rosanove Recent Developments in Bringing a Civil Claim Against Police Civil ligation against police is a very useful tool as an accountability mechanism. While not as widely used in Australia as in the UK and US, there have been some recent decisions of note. This presentation will highlight the key issues to consider when taking this course and includes a consideration of those recent decisions. Presented by Jeremy King, Principal, Robinson Gill Session Two: Compliance for Personal Injury $0 15V1B Chair: Craig Sidebottom, Barrister, Lennon s List Mastering the Medical Evidence and Interpreting Reports What to look for when reading a medical report, ambulance report or hospital clinical notes How can you obtain access to clinical notes? What to do if you can t read them What does common medical jargon and/or medical shorthand actually mean? Is it appropriate to request a medical expert to change the content of their report or amend, delete or add to any opinion expressed in a report? If so, how should you do it? Presented by Adjunct Professor Graeme Brazenor, Neurosurgeon, Director, Epworth Neuroscience Clinical Institute Managing Costs in Personal Injury Litigation How to manage your file and maximise recovery of legal costs and disbursements As between solicitor and client As between party and party With regard to the Fixed Costs Models in WorkCover and TAC matters With regard to the new Scales of Costs in the Supreme Court and the County Court Presented by Anna Sango, Principal, Kirk Barclay Ethics for the Personal Injury Lawyer Ethics is a hot button issue. Don t be one of those lawyers that fall into an ethical trap. Timothy Tobin SC will review the leading cases and help you avoid the gotchas and glitches that arise in the world of personal injury litigation. Presented by Timothy Tobin SC, Lennon s List When it comes to commercial transactions, legal contract literacy is crucial. Whether you have only recently started working with commercial clients or feel you just need a refresher, attend this seminar to take away an deeper understanding of some fundamental legal issues plus gain insight into what does and does not make a contract legally tick. Chair: David Syme, Commercial Counsel, Sladen Legal Drafting and Negotiating Contracts to Manage Legal Risk Understanding the commercial imperative Identifying and allocating key legal and commercial risks The liberal use of mitigants What could possibly go wrong? Presented by William Khong, Partner, Holding Redlich Having Regard to Legislation When Drafting Contracts Maximising conformity with legislation of standard form agreements Common legislative provisions to take into account Particular focus on Part 2. of the Australian Consumer Law: unfair contract terms Particular focus on Part.2 Div 1 of the Australian Consumer Law: consumer guarantees Reference to other areas such as franchising, insurance and telecommunications Consequences of non-compliance Presented by Dr Paul Vout, Barrister, Dawson ; co-author Laws of Australia: Contracts; editor and co-author, Laws of Australia: Unconscionable Conduct; co-author, China Contracts Handbook Warranties, Liquidated Damages and Indemnities Warranties v conditions Use of warranties Enforceability of liquidated damages regimes Use of indemnities to allocate risk Drafting tips on each of these types of clauses and current trends Presented by Gail Owen, Partner, HWL Ebsworth Dispute Resolution: From Competition to Consensus Deciding how to resolve disputes before you start The importance of knowing your partners and their representatives Positions and interests Collaborative problem solving Presented by Stephen Sawer, Partner, Cornwall Stodart NO TIME to attend our faceto-face events? Why not attend our popular live web seminars? Gain insights into the creation, implementation and resolution of disputes arising from shareholder agreements in this practical seminar. With hands-on examples, you will enhance your knowledge of shareholder agreements whether you ve seen one for the first time or you need a refresher on the current direction and trends. Chair: Naomi Kovaks, Special Counsel, Madgwicks Drafting of Shareholder Agreements in Practice Assessing the needs of your clients Taking instructions from multiple parties Balancing interests & complexity Key issues around ownership and control Fundamental provisions in a shareholder agreement Examples of some context-specific provisions in a shareholder agreement Challenges and timing for execution New shareholders, accession & amendments to the shareholder agreement Providing for dispute resolution processes Presented by Jol Rogers, Partner, K & L Gates Shareholder Exit Strategies Exiting in an orderly fashion: strategies to minimise difficulties Considering various exit mechanisms Valuation methodologies Non-compete and confidentiality considerations Presented by Sam Dwyer, Partner, HWL Ebsworth Tax Implications of Shareholders Agreements and Business Succession CGT and other income tax issues upon exiting a business CGT and Income tax: key components of a shareholders agreement Business succession/shareholders agreements related GST issues Taxation consequences of change of shareholders: What s the best way to go? Dilute shares? Share transfer? Presented by Michael Parker, Partner, Hall & Wilcox Disputes and Deadlock Common causes of disputes Options available to shareholders when dealing with unfair or improper conduct Instituting proceedings under the oppressive conduct provisions of the Corporations Act Resolution of disputes in deadlock Presented by Michael O Connor, Barrister, Owen Dixon Supported by: Commercial Bar Association of Victoria 17

10 Attend the full day and earn points in Attend the full day and earn points Including points in Substantive Law 1 point in 1 point in 1 point in 15V19 EVIDENCE AND ADVOCACY MASTER CLASS 15V20 10 PROGRAM (21 MARCH) FRIDAY, 20 MARCH AM TO 5.15PM $810 SATURDAY, 21 MARCH AM TO.15PM $875 The competition between litigators extends beyond the courtroom. In a fiercely competitive market it s essential to continually refine your skills and improve your practice. This seminar s panel of esteemed litigators will provide valuable insight into how you can immediately take your skills to the next level. The seminar covers a select range of key areas in evidence and advocacy that will bolster any litigator s practice. If your goal is to stay ahead of the pack, you can t miss this opportunity. Session One: Litigation Skills: An Evidence Master Class $0 15V19A Chair: Michael Heaton QC, Chancery Practical Guidance on Lay Witnesses and Evidence Advanced strategies for preparing witnesses and taking statements Effectively and efficiently testing evidence without coaching Translating statements from hearsay to admissibility: the fine line between documenting and manipulating a statement Ensuring you don t become a witness and preserving confidentiality Presented by Trevor Wraight, Barrister, William Crockett Mastering Evidence: How to Gather it and How to Use it Effectively Strategies for obtaining key documents and information Getting the most value from notices of non-party disclosure Effectively using notices to produce documents and notices to admit facts Subpoenaing documents and witnesses Strategies for getting the most from your evidence Presented by Paul Bingham, Barrister, Owen Dixon Obtaining and Effectively Using Expert Evidence in Commercial Litigation Finding and instructing an expert Ensuring a report s worth: admissibility and probative value Privilege issues Presented by Andrew Downie, Barrister, Young s List and Melbourne TEC Gaining a Digital Edge: Successfully Navigating e-discovery Strategies for obtaining key digital documents and information Knowing what to look for and where to search Effectively crafting subpoenas and notices to produce in e-discovery Obtaining and social media evidence Special procedures and unique considerations Presented by Benjamin Kennedy, Manager, E-Discovery & Forensics, NuLegal Session Two: Advocacy Mastery $0 15V19B Chair: Robert Richter QC, William Crockett Civil Trial Advocacy: Preparation and Presentation Important steps to make sure your matter is trial-ready Preparing your client and managing expectations Evidence, written submissions, pre-trial directions and witness preparation Practical guidance on improving your trial presentation Presented by Jeremy Twigg SC, Owen Dixon Advanced Cross-Examination and Examination Skills Evaluating your preparation, examination and crossexamination techniques Avoiding unnecessary cross-examination and re-examination Identifying and leveraging cross-examination inconsistencies Controlling the witness to elicit the appropriate response Presented by Carolyn Sparke QC, Owen Dixon Win it on the Papers: Successful Written Advocacy Making it better by making it shorter Persuasive writing to win cases Making every sentence count Putting it into practice: pleadings, briefs, letters and applications Presented by Simon Pitt, Barrister, Owen Dixon Great tips for advocacy with real applications We have lined up the most experienced practitioners in the business to help you forget it s the weekend. This carefully designed program covers the practical aspects of a lawyer s role. In addition to a round up of those areas of law that are in constant change, our speakers will examine the ethical issues faced when conducting litigation, the key ingredients to becoming a skilled mediator and the use of technology to strengthen barrister-lawyer communications. Last minute points, skills development and legal knowledge what more could you ask for on a Saturday? Session One: Round Up of the Current Issues $0 9.00am to 12.15pm 15V20A Chair: Eleanor Coates, Barrister, Owen Dixon Wills & Estates Roundup Legislative update: Guardianship and Administration Bill, Succession and Surrogacy Bill 201, Powers of Attorney Bill 201 Significance of the changes Case law review Presented by Ursula Stanisich, Barrister, Isaacs Family Law Update A review of the past year: major cases and trends Significant issues that will impact on practitioners everyday practice Potential further developments Presented by Caroline Counsel, Managing Partner, Caroline Counsel Family Overview of Workplace and Employment Law Disputes Discussion of the year that was, major reforms and significant cases that will impact practitioners Case studies: principles and implications Update on bullying and general protection matters Presented by Rohan Millar, Barrister, Melbourne Update: Debt Recovery, Bankruptcy and Insolvency A review of recent changes in debt, insolvency and bankruptcy Recent and significant case law Interactions between the Civil Procedure Act with party and practitioner obligations Presented by John Dunne, Principal, John Dunne & Associates GAIN YOUR FULL 10 REQUIREMENTS. Register for the full day and we will provide you with hours of seminar recordings to make up your 10 points - FREE! Session Two: Compliance for All $0 1.00pm to.15pm 15V20B Chair: Alexandra Folie, Barrister, Owen Dixon Ethics in Practice: How Far You Can Go for Your Client When a client s instructions poses an ethical dilemma Ethics in negotiating settlements Case studies of particular ethical dilemmas for legal practitioners Presented by Theo Alexander, Barrister, Owen Dixon East and Harlis Kirimof, Barrister, Owen Dixon East Becoming a Skilled Mediator Your role, your client s role and the role of the mediator in a commercial mediation Mediation best practice guidelines Preparing for a mediation Client expectations and achieving the desired outcome Collaborative problem solving Presented by Catherine Gobbo, Barrister, Chancery Beyond the Traditional Confines: Strengthening Barrister/ Solicitor Communications with Technology Alternative communication tools, applications and information sharing devices to incorporate into your practice The benefits of non-traditional communication methods when briefing barristers Potential risks, breaches of client confidentiality, Privacy Act considerations Presented by David J Sanders, Barrister, Owen Dixon Despite being a Saturday and lacking sleep, still managed to keep my interest 19

11 Attend the full day and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in Attend and earn points in Substantive Law Attend and earn points in Substantive Law 15V21 CRIMINAL LAW SYMPOSIUM 15V22 ADVANCED RETAIL AND COMMERCIAL LEASING 15V2 PRACTICAL CONVEYANCING SOLUTIONS SATURDAY, 21 MARCH AM TO 5.15PM $810 WEDNESDAY, 25 MARCH AM TO 1.15PM $0 WEDNESDAY, 25 MARCH PM TO 5.15PM $0 Victorian criminal lawyers are facing significant changes with the new guiding decision on Community Correction Orders due next year, the effects of the Base Law Sentencing Act and the changes to granting parole following the Callinan review. Receive these vital updates and meet your requirements and all without taking a day out of the working week. Session One: Current Issues for Criminal $0 15V21A Chair: Peter Chadwick QC, Owen Dixon East Base Law Sentencing This presentation will provide a summary of the data and findings in the Council s new report Calculating the Baseline Offence Median. It is intended to assist practitioners to understand the implications of the Sentencing Amendment (Baseline Sentences) Act 201 (Vic) (the Act) including: How the median counting rules prescribed under the Act differ from those used in the Council s Sentencing Snapshot series How much lower the current median sentences are compared to the medians prescribed under the Act Issues to consider when evaluating the baseline reforms Difficulties in predicting how the Act will influence future sentencing practices Presented by Dr Joe Clare, Manager, Statistical Analysis and Donald Ritchie, Senior Legal Policy Officer, Sentencing Advisory Council Victoria s First Guideline judgment? Outcomes of the application for a guideline judgment in respect of Community Correction Orders (CCOs) Consequences for sanction selection, structuring a CCO and combination orders Future guideline judgments? Presented by Tal Karp, Advocate, Victoria Legal Aid Reforms to Sexual Offences Law Discussion of changes brought about by the Crimes Amendment (Sexual Offences and Other Matters) Act 201 Review of recent significant case law relevant to sexual offences Presented by Sarah Leighfield, Barrister, Gorman Considerations in the Granting and Cancellation of Parole: Key Provisions of the Corrections Act 198 Presented by Shivani Pillai, Full Time Member, Adult Parole Board Parole in Victoria after the Callinan Review Following a number of high profile cases involving parolees committing serious violent offences, former High Court Justice Ian Callinan was commissioned to oversee a wholesale review of the parole system in Victoria in 201. This session will deal with some of the practical considerations of clients being granted parole or breaching parole in the present criminal justice landscape that now exists as a result of that review. Presented by Marcus E Dempsey, Barrister, Victorian Bar Session Two: Compliance for Criminal $0 15V21B Chair: Nicole Spicer, Principal lawyer, Spicer Risk Management in Your Criminal Law Practice: Coping Mechanisms Dealing with the difficulties of a criminal law practices can cause lawyers to engage in coping behaviour that puts your practice at risk. Join this panel conversation with experienced criminal practitioners to review practices that may be high risk coping strategies. Presented by W Brind Zichy-Woinarski QC, Aickin with a Panel Preparing Written Submissions in Criminal Matters Written submission can be a powerful tool for advocates but, badly or thoughtlessly written, they can do more harm than good. This session will examine some potential pitfalls, and the value of good writing for the courts. Framing effective written submissions: - Clear - Concise - Educative and informative - Persuasive How do you make sure the judge reads them? How do you talk to them? Presented by Theo Kassimatis, Barrister, Gorman Errors in the Practice of Criminal Law: What the Ethical Advocate Might Learn from Others Address some of the questions about how we deal with error in the context of our practice as criminal lawyers. What are the conditions that create the risk of us making misjudgements in our practices? Often the only time our errors are analysed is in the very public context of appellate judgments, something we all like to avoid. An analysis of the medical and aviation industries can and do contain useful lessons for ethical advocates who seek to learn from their mistakes and from the mistakes of others. Presented by Fiona Todd, Barrister, David Ross Thank you - Saturday is a good time for criminal lawyers, who find it hard to get away from Court commitments during the week. Gain insight from the experts as they examine current and complex issues faced by practitioners in a volatile leasing market, including valuations, problems encountered when enforcing commercial leases and the complexities of subleasing drafting. Chair: Max Cameron, Partner, Minter Ellison The Subtleties of Subleasing: Transactions and Drafting Overview of a sublease What goes into a lease v a sublease Clauses: to protect, termination, that do not conflict with head lease, special clauses, must-have clauses Particular terms that practitioners need to understand Key areas of sub-subleases Traps, pitfalls and common misconceptions Presented by Robert Hay, Barrister, Owen Dixon Emerging Issues in Valuations in Leasing Law Renewals, market review, valuations and rent review How valuers are valuing v how this sits overall with the Retail Leases Act Strategies and submissions: what to do, what not to do and how to be prepared Practical examples and common errors faced by practitioners Case review: market rent reviews, the issues faced when it doesn t work and how to deal with it Presented by Sam Hopper, Barrister, Owen Dixon Special Conditions to be Aware of in a Hard Market Special conditions in standard lease agreements Where to include your special conditions - in a lease or a side deed? Special conditions such as incentives, rent free, fit out incentives and contributions Negotiating terms in this market Bank guarantees and preferences Case review Presented by William Stark, Barrister, Owen Dixon Practical Issues for Landlords in Enforcement of Commercial Leases Challenges presented by complex leasing arrangements Activating and using rights, including termination rights Navigating disputes arising from a commercial lease agreement Use of dispute resolution provisions in commercial leases Dealing with insolvent tenants and other unusual tenant matters Enforcement and the complexities involved, including potential penalty issues from liquidated damages clauses Presented by Michelle Power, Partner, Minter Ellison This seminar is supported by: Our expert panel covers the key conveyancing matters of today, examining the density of GST, the major concerns in off-the-plan contracts and understanding the critical due diligence matters relating to strata units and subdivision lots. This seminar is vital to those practitioners and conveyancers wanting to solidify their knowledge in those areas that greatly impact their practice. Chair: Christopher Galagher, Partner, White Cleland GST Essentials in Conveyancing An overview of the general principles and implications Residential property Going concerns The margin scheme Checklist of matters to consider when handling matters involving GST Presented by Melanie Baker, Barrister, Owen Dixon Off the Plan Contracts and Sales: The Vitals Legislation for off the plan Drafting conditions and consideration of special clauses How to overcome common errors encountered with off the plan contracts Case law: principles and applications to everyday practice Presented by Reagan Thackwray, Special Counsel, Kelly Hazel Quill Due Diligence for Conveyancers of Strata Units and Subdivision Lots An historical perspective of common property ownership in Victoria Reading and understanding strata plans and plans of subdivision, including boundaries Repair and maintenance obligations, the benefit rule and suggested checks Adjustment of OC fees: Who is responsible, the vendor or purchaser? The relevance and enforceability of OC rules when purchasing a property Legislative and relevant case updates Presented by Tim Graham, Partner, HWL Ebsworth Knowledgeable speakers and all topics were important and essential This seminar is supported by: 21

12 Attend this seminar and earn points in Substantive Law Attend and earn points Including: 1 point in 1 point in 1 point in Attend the full day and earn points in Substantive Law 15V2 MIGRATION LAW WORKSHOP 15V25 COMPLIANCE FOR ALL LAWYERS (25 MARCH) 15V2 WILLS AND ESTATES CONFERENCE WEDNESDAY, 25 MARCH AM TO 1.15PM $0 WEDNESDAY, 25 MARCH PM TO 5.15PM $0 THURSDAY, 2 MARCH AM TO 5.15PM $810 Gain insights hands-on about the latest issues in migration law in this interactive workshop activity, led by our distinguished panel. Develop your understanding of 57 visas, learn about the best practice in advising on the risks of employer monitoring and investigation, and deepen your understanding of merits review practices and protection visas in this practice-focused activity. Subclass 57 Visas Workshop: Updates and Requirements Recent changes to 57 legislation and their impact Overview of requirements, application preparation, lodgement and processing procedures Unusual scenarios, case studies and group work Presented by Maria Jockel, Partner, Holding Redlich; Listed in International Who s Who of Corporate Immigration ( ); Recognised in the peer-reviewed Best ( ); author of 57 Visa Law: Addressing Australia s Skilled Labour Shortage Protection Visas Workshop: Substantive and Procedural features The refugee definition current requirements and legislative developments Complementary protection criteria Practical considerations - how to satisfy key legal aspects and essential procedural requirements Group discussion of case studies Presented by Associate Professor Murray Gerkens, Barrister, Solicitor and Migration Agent, FCG Legal; former head of the Australian Refugee Review Tribunal Employer Monitoring and Investigation: Advising on the Risks and Handling Inspections Employers risk exposure and risk management Inspections: Information that the Department of Immigration and Border Protection may require from employers, and the power of inspectors Case studies, hypotheticals and group work Presented by Jimmy Morcos, Partner, Sabelberg Morcos Merits Review Workshop: Practices and Procedures Overview of the roles, practices and procedures of the Refugee Review Tribunal and Migration Review Tribunal Tips on how to improve your own and your clients experiences in appearing before the two Tribunals Group discussion of case studies involving practices at both Tribunals Presented by Karyn Anderson, Partner, Clothier Anderson & Associates Excellent, very informative as all topics were relevant to current issues. Ethics training does not stop at the university gates, so find out how to integrate it into your firm at all levels. Build your practice through innovation and at the same time ensure you manage your own wellbeing to establish a long and healthy legal career. Hear this practical tips whilst also meeting your annual requirements at this convenient half-day seminar. Chair: Peter Berry, Partner, Berry Family Law Developing an Ethical Culture on a Team Leadership and role modelling Building ethical infrastructure: policies, values, behaviour The impact of the firm s culture and structure on the ethics of a team and individual employee Reducing the risk of unethical behaviour Presented by Chris Molnar, Partner, McKean Park; Accredited Specialist Workplace Relations Kick Starting an Innovation Agenda in Your Firm The Why, When and How of innovation in legal practices Innovation thinking, analysis and action Innovation as a marketing tool Presented by Duncan Hart, CEO, Duncan Hart Consulting Obligations to Oneself Managing emotion when faced with difficult situations How the obligation to keep oneself healthy and happy affects your practice How to maintain personal wellbeing and achieve longevity in your legal career Presented by Michelle Sharpe, Barrister, Owen Dixon SAVE $110 OFF THIS HALF-DAY SEMINAR Register and pay for this seminar and another half-day seminar in the one transaction for a total price of $810 With increased complexities in family arrangements solicitors must be able to create flexible estate planning strategies for their clients while understanding the types of disputes that are now reshaping the legal practice in your estates practice. Addressing key developments and concerns this seminar is a must attend event for practitioners who want to stay ahead of the curve with their practice. Session One: Estate Disputes $0 Chair: Agata Jarbin, Company Secretary & General Counsel, State Trustees Amendments to the Administration & Probate Act Family Provision: - Definition of disability - Who can claim and in what circumstance? - What must the court take into account - Concept of moral duty - Reasonable means - Factors to be considered - Who must receive notice - Effect of notice of intention to apply Court Authorised Wills - Information required - Threshold - Who can appear Surrogacy - Status of child Presented by Robyn Sparks, Special Counsel, Aitken Partners 15V2A The Rule in Saunders v Vautier: Terminating Trusts Early The requirements of the rule Understanding vested and contingent interests Analysis of Kristic v State Trustees and Arnott v Kiss Drafting tips to avoid the application of the rule Presented by Peter Pascoe, Barrister, Owen Dixon Practical Issues in Family Provision Litigation Proceedings where there is no grant Formulating the claim for provision Evidence and drafting affidavits Claims involving small estates, including costs considerations Need and large estates Releases and further claims Presented by Richard Philips, Barrister, Isaacs Disputes in Superannuation Discussing recent cases Understanding concerns in competing claims Issues with control of the fund after death Presented by Robert Niemann, Barrister, Douglas Menzies Session Two: Issues in Estates Practice $0 15V2B A Practical Look at Estate Administration Involving Crossborder Issues: Application for Grant of Reseal/ Probate of a Foreign Will When can a foreign grant of probate be resealed in Victoria and what are the requirements What to do when a reseal is not possible and a grant of probate of a foreign Will is required Conflict of laws New European Union succession rules Presented by Ines Kallweit, Partner, McKean Park Tax in Estate Planning: What s In, What s Out and Passing Control of Family Trusts CGT and duty rollovers on death (including CGT main residence exemption) Tax issues for testators with non-residents beneficiaries Tax benefits of testamentary trusts (including post-death testamentary trusts ) Taxation of superannuation death benefits (including Superannuation Will Trusts) Presented by Ross Higgins, Group Leader of the Tax & Wealth Practice Group, Rigby Cooke Powers of Attorney in Victoria How powers of attorney currently operate in Victoria Key changes to powers of attorney pursuant to the Powers of Attorney Bill 201 The requirements for an attorney of a member of a self managed superannuation fund to act as a trustee for the fund Whether an attorney may act in relation to controlling the roles the donor of a power of attorney holds in a discretionary trust Presented by Krista Fitzgerald, Principal, Moores Very enjoyable, had plenty of valuable points. MIGRATION AGENTS ATTENDING THIS WORKSHOP CAN EARN UNDER THE OFFICE OF MIGRATION AGENTS REGULATION AUTHORITY REGIME MARA APPROVAL # WK59 2

13 Attend and earn points in Substantive Law Attend and earn points in Substantive Law Attend and earn points Including: points in Substantive Law 1 Point In Attend and earn points in Substantive Law 15V27 15V28 15V29 15V1 TRUSTS AND DEEDS: LATEST DEVELOPMENTS AND PITFALLS LEGAL ISSUES FOR STARTUP COMPANIES BANKRUPTCY AND INSOLVENCY: UPDATES AND BEST PRACTICES WORKPLACE HEALTH AND SAFETY UPDATE 2015 THURSDAY 2 MARCH AM TO 1.15PM $0 THURSDAY 2 MARCH PM TO 5.15PM $0 FRIDAY, 27 MARCH AM TO 1.15PM $0 FRIDAY, 27 MARCH PM TO 5.15PM $0 The law of trusts is a constant minefield. By popular demand, our half-day trusts seminar returns in March as a leading event for those practising in this area. Hear from the experts on the complex legal issues surrounding trusts as well as the latest cases and developments. Chair: Joanna Monahan, Principal, Monahan Legal Stamp Duty Exemptions for Trusts Changes to trustees Exemptions on transfers From unit trust to unit holder Discretionary trust unitholders: beware the traps From discretionary trust to an individual SMSF custodian trusts: Should they be stamped? State Revenue Office requirements Presented by Rob Warnock, Principal, M + K Unpaid Entitlements of Beneficiaries How to characterise them and how they re dealt with Issues under Division 7A Issues under Section 100A Presented by Dr Bill Orow, Barrister, Owen Dixon Pitfalls in Administering Trusts and Deeds Valid establishment of a trust Class of beneficiaries exclusions Tax File Number Reporting obligations 5 day holding period rule Continuity of company ownership test Trust loss income injection test Charitable trust distribution reporting obligations Trust Reimbursement Agreements Excepted proceeds sub trusts Differential streaming categories of income Adverse tax assessment consequences Variations Presented by Ron Jorgensen, Partner, Rigby Cooke Professional Practices and Trusts and Partnerships of Trusts The regulatory regime The preferred practice structures: partnerships of natural persons or trusts or companies? Asset protection of income stream and investment assets Taxation issues: the ATO guidelines and the law Restructuring a practice into a trust or partnership of trusts: - Duty - Income tax - Capital gains tax and the small business concessions Trustees of trusts in partnership: natural person v corporate trustees, separate trustees and agency relationships Presented by Rob Jeremiah, Partner, Sladen Legal Supported by: Commercial Bar Association of Victoria While not Silicone Valley, Melbourne is certainly in the midst of a startup boom. Our expert commentators will cover the essentials for those legal practitioners with an interest or established practice in startup law. Bring along your hipster jeans and latest gadgets, leave your lawyermode at the door, and gain an in-depth understanding of this burgeoning industry that is not only fascinating, but is rapidly changing the world. Chair: Chaman Sidhu, Legal Director, Envato Startups: A View From the Inside What is a startup? Inside the entrepreneurial mindset Understanding, shaping and reflecting the business model Advising on risk v reward Understanding resources and constraints How do you cater to the startup s users? How to communicate: beyond plain English to natural language Presented by Chaman Sidhu, Legal Director, Envato Advising a Startup? Considerations for Legal Practitioners or Accountants? The roles of advisors in early stage startups Who s the client? Acting for founders, shareholders and investors How do you make money from a startup? How to make both fixed-fee and hourly-rate engagements attractive and profitable Am I crazy? What you learn from advising over 250 startups Presented by Kurt Falkenstein, Chairman and Partner, General Standards Agreements and Clauses: Tips and Traps for Legal Practitioners Advising Startups Confidentiality: what s important about confidentiality agreements and clauses you need to include and consider Shareholder agreements: watch out for dilution, bad leavers, drag and tag along rights Employment v contractor agreements: What s the difference and what should I consider? Planning for the worst: looking at every angle to help minimise risk Templates v tailored agreements Amendments and alterations: How many is too many? Pseudo-legal agreements: balancing commercial reasonableness with legal protection Presented by Harriet Warlow-Shill, Managing Partner, KWS Legal Fundraising: The Legal and Commercial Processes and Terms Overview of the fundraising process for startups, challenges encountered, dealing with priorities and structural requirements Funding options, what s best and legal considerations: venture capital, angel investors, crowd funding, seed funding, series A deals, convertible notes Transaction process for an angel investment/ series A investment Common terms in angel transactions Common terms in Series A transactions Presented by Darren Sommers, Partner, Meerkin & Apel Our expert speakers will ensure you re prepared for the year ahead by updating you on the latest cases and legislative developments from the past 12 months. You ll also gain indepth understanding of complex procedural practices such as navigating the PPSA regime and mastering the nuances of notices and statutory demands. Finally, you ll learn how to improve your practice and better serve your clients by hearing expert tips on the best ways to advise insolvent parties. Chair: Nick Mellos, Director Advisory Services, Grant Thornton Insolvency Update Consider the most important and interesting insolvency cases and developments from the past year. You will also learn about the latest legislative changes and key trends that are critical for your practice. Presented by Nigel Watson, Partner, Colin Biggers & Paisley; Accredited Specialist in Commercial Litigation Advising Insolvent Clients: Key Considerations and Practical Tips Ethical and reputational considerations Dealing with directors, key stakeholders and secured creditors Communication, confidentiality and transparency The winding up and liquidation process Practical considerations when advising insolvent clients: transfers and mortgages of assets and creditor payments Presented by Joshua Kohn, Barrister, Lonsdale Managing Clients Through Insolvency and the PPSA Regime The PPSA regime and easing debtor and creditor tensions Rights and responsibilities of trustees in bankruptcy under the PPSA regime Constructing meaningful offers of compromise PPSA priority and what to know and do before negotiating Examples and lessons learned working on the front lines Presented by Graeme Scott, Special Counsel, Hall & Wilcox Bankruptcy Notices and Statutory Demands: Strategies and Practical Tips Why a client should consider bankruptcy or liquidation What to look for: preliminary investigations to carry out What to expect: How to use bankruptcy notices and statutory demands to exert maximum pressure Negotiating tactics to obtain the best result without moving to make a party bankrupt or to wind up a debtor company Tactics to deal with difficulties serving debtors Presented by Roger Mendelson, CEO, Mendelsons Audience engagement was excellent Don t miss this opportunity to have leaders in WHS law update you on the critical issues in your WHS practice, including contractor management, mental health, drug and alcohol testing and safety as an IR issue. This seminar is an essential update for legal advisers, in-house counsel and directors who need to know their obligations under the current legislation. Chair: Frances O Brien SC, Owen Dixon Contractor Management Selection, engagement and management of contractors Demarcation of responsibilities between duty holders Leading Australian case law Compliance, best practice and pitfalls Presented by Paul Fowler, Special Counsel, Lander & Rogers; AFR Best Lawyer in Occupational Health and Safety Law Mental Health as a WHS Issue How workplace laws apply to workplace mental health Workplace bullying: The tip of the mental health iceberg? The substance and benefits from mental health first aid programs in the workplace Presented by Barry Sherriff, Partner, Norton Rose Fulbright; AFR Best Lawyer in Occupational Health and Safety Law Drug and Alcohol Testing What is the current state of the law on preferred testing methods? What does the law require by way of consultation with workers? How can you ensure you can effectively terminate employment for breach of your policy? Presented by Steve Bell, Partner, Herbert Smith Freehills; AFR Best Lawyer in Occupational Health and Safety Law Safety as an IR Issue Use of safety issues as an industrial weapon: a practical case study Consultation and representation in the workforce Right of entry: Fair Work Act and OHS Act The raising of safety issues as a complaint or inquiry for the purposes of the general protections provisions of the Fair Work Act Presented by Nicole Fauvrelle, Partner and Sam Jackson, Senior Associate, K & L Gates Very good, engaging and informative. 25

14 Attend and earn points in Substantive Law Attend and earn points in Substantive Law Attend the full day and earn points in Substantive Law 15V0 LEGAL ISSUES IN THE NOT-FOR- PROFIT SECTOR 15V2 DECONSTRUCTING CONSTRUCTION LAW 15V TH ANNUAL CONTRACTS CONFERENCE FRIDAY, 27 MARCH AM TO 1.15PM $0 FRIDAY, 27 MARCH PM TO 5.15PM $0 MONDAY, 0 MARCH AM TO 5.15PM $810 Come along for an intensive update on developments relating to the ACNC and charity regulation, recent cases exploring the limits of advocacy, and other key issues impacting the not-for-profit sector. Chair: Juanita Pope, Director, Not-for-Profit Law at Justice Connect Keynote Address: Charity Regulation: How are we Going? Where are we Going? Presented by Murray Baird, Assistant Commissioner (General Counsel), Australian Charities and Not-for-profit Commission Dispute Resolution: War Stories Failures of governance: the justiciable and emotional dynamic Case study: aggrieved members and rogue directors Traps and strategies Being business like: cutting losses and achievable outcomes Presented by Derek Mortimer, Principal, DF Mortimer and Associates Social Enterprise The new space between not-for-profit and for-profit Using business profits for charitable work: the High Court case of Word Investments Legal structuring and tax issues for social enterprises Presented by Suhanya Mendes, Senior Lawyer, Moores Legal Professional Associations Cases Melbourne Professional Associations case Other recent cases Presented by Jennifer Batrouney QC, List A Barristers Advocacy and Charities: Exploring the Limits of Advocacy in Australia, New Zealand and England and Wales Aid/Watch Incorporated v Commissioner of Taxation Re Greenpeace of New Zealand Incorporated The Human Dignity Trust v The Charity Commission for England and Wales Presented by Murray Baird, Assistant Commissioner (General Counsel), ACNC Excellent speakers and content With the momentum of the construction industry building, a range of complex matters require attention and examination. With an analysis of defect claims, the impact of technology on risk allocation and a focused session on construction disputes, our expert panel will leave you reenergised and confident when managing your construction practice. Chair: George Golvan QC, Owen Dixon Security of Payment: Defect Claims How to handle claims that involve defects Relevant legislative provisions, interpretation, application and to whom it applies Contractual provisions to consider Case studies: practical examples, what to take away, and application Presented by Nathan Abbott, Partner, Collin Biggers & Paisley Construction Disputes, Overruns, and Stressed Projects: The Big Picture How to avoid construction disputes: risk allocation and project planning Early warning signs for lawyers: is your project going badly and what to do about it Claims strategy: reactive v proactive (eg EOT claims) Effective management and resolution of construction disputes Presented by St John Frawley, Partner, Thomson Geer Impact of Technology on Risk Allocation in Construction Contracts Legal issues arising from the use of project communication systems The legal impact of electronic communications Legal issues raised by Building Information Modelling, including the duty to review, liability for contributions of others, intellectual property, and the role of gatekeeper Presented by Josh Marchant, Partner, Thomson Geer Excellent. Topical For the commercial lawyer, all roads lead to contracts. Immerse yourself in the finer points of contract drafting as showcased in the morning master class, and then travel our contracts highway, leading you to three types of contracts you commonly prepare digital, cross border and outsourcing. Session One: Contracts Drafting Master Class $0 Chair: Peter Lithgow, Barrister, Patterson s List 15VA Heads of Agreement: When are They Enforceable? This session is aimed at experienced lawyers and focuses on the aspects of contractual drafting that occur before the deal is struck so that the purposes of the written instrument as a commercial document can be achieved: Identifying and discussing issues that potentially cause disagreement and encapsulating discussions in the Heads of Agreement The lawyer s role in working with the client to deal with these challenges to ensure they do not cause the deal to fail or the value to erode Making the agreement understandable to the people who work with the instrument each day Examination of the classes of Masters v Cameron and whether a fourth class was created by Baulkham Hills Private Hospital v GR Securities Pty Limited The change created by Coal Cliff Colliers v Siljehama Presented by Grant Rowlands, Partner, Ashurst Contract Drafting Tips Arising out of the Unanimous High Court Decision of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 1288 & Anor Discussion of the High Court s decision and the four separate judgments Examination of the impact of the decision for principals, contractors and subcontractors Drafting tips on defect liability and limitation of liability clauses Presented by Daniel Nguyen, Barrister, Lennon s List Liquidated Damages Clauses in Light of Recent Developments The difference between penalties and liquidated damages The doctrine of penalties at common law and in equity Recent applications of the penalties doctrine Some things to be aware of when drafting a liquidated damages clause Presented by Kylie on-scheuber, Barrister, Greens List The (De)Construction of ern Exports Services v Jireh International What is the correct approach to interpreting contracts? Defining ambiguity. How does it differ from uncertainty? Whesn is it legitimate to have regard to commercial purpose and genesis of the transaction Analysis of High Court decisions on construction of contracts: From Pacific Carriers to Jireh to Verve v Woodside Presented by Jonathan McTigue, Partner, Clayton Utz Session Two: Contracts in Practice $0 15VB Chair: Kent Davey, Director/Principal Lawyer, TechComm Legal Outsourcing Agreements: The Legal Issues Overview of key issues Practical options for managing issues with a particular focus on - Managing change - Managing performance (and underperformance) - Termination considerations Presented by Cheng Lim, Partner, King & Wood Mallesons Contractual Concerns for Cross Border Transactions Conflict of laws Choice of laws Dispute resolution Presented by Michael Koss, Partner, Porter Milton Contracts in the Digital Space Online terms and conditions Online protection including privacy The paperless contract: any restrictions? Presented by Peter Moran, Partner, Norton Gledhill NO TIME to attend our faceto-face events? Why not attend our popular live web seminars? Supported by: Commercial Bar Association of Victoria 27

15 Attend and earn points in Substantive Law Attend and earn points Including: 1 point in 1 point in 1 point in Attend and earn points Including: points in Substantive Law 1 point in 1 point in 1 point in 15V SMSFs: PROPERTY, DEATH AND TAXES 15V5 COMPLIANCE FOR ALL LAWYERS (0 MARCH) 15V 10 PROGRAM (1 MARCH) MONDAY, 0 MARCH AM TO 1.15PM $0 MONDAY, 0 MARCH PM TO 5.15PM $0 TUESDAY, 1 MARCH AM TO 5.15PM $875 The latest tax office data shows a 2 per cent increase in trustees of SMSFs, which now number more than 528,000 and have a combined value of $558 billion. This is an enormous surge for a form of super that barely existed 10 years ago. With such growing popularity, it is clear that lawyers who aren t familiar with the regulations around SMSFs and how to advise their clients will be left behind. Attend this seminar and gain clarity around this widespread form of superannuation. The SMSF Tax Landscape Outline of taxation of superannuation contributions Taxation of fund assets: capital gains, duty and GST Taxation in relation to pensions. Withdrawal of super benefits: tax consequences Taxation of super death benefits Presented by Nathan Papson, Principal, Papson Legal SMSFs and Property Transactions Property and borrowings The amended borrowing rules, eg making improvements Tax and GST consequences of borrowing to acquire Interaction with stamp duty Acquiring assets from related parties Loan repayment Presented by Jennifer Dixon, Principal, Moores Superannuation Death Benefit Planning The relevance of the Trust Deed Holding Wealth: inside super v other structures Death: effect on super Structure of Death befits Presented by Ian Glenister, Principal, GLENISTER & CO Non-Arm s Length Income: Understanding the Principles Purpose and mischief Application to dividends from companies and distributions from trusts Application to capital gains Impact of recent cases and ATO rulings Presented by Simon Tisher, Barrister, Owen Dixon Comprehensive range of sessions and topic with expert speakers Supported by: Commercial Bar Association of Victoria The solicitor s ethical tightrope, bullying prevention and practical negotiation and mediation tips come along to hear up-to-date practical advice on these topics to meet your requirements. Chair: Natascha Boehm, In-house Counsel, Coles Ethical Guidelines for Legal Practitioners Acting ethically at the workplace: as a lawyer, a team member and as an employee Managing depression and other problems ethically Professional courtesy/written and unwritten rules Presented by Renato Marasco, Manager Employee Relations, RACV Bullying: Prevention Rather Than Cure Precursors to bullying in law firms Prevention: Getting the firm s culture right Managing and responding effectively Presented by Lisa Klug, Consultant, Worklogic Negotiation and Mediation How to quickly identify each side s true goals and objectives Techniques for dealing with difficult or unrealistic clients and opposing parties How to deal with unhelpful or inexperienced mediators Overcoming negotiation roadblocks and resuscitating stalled talks Presented by Dr Angela O Brien, Barrister, Owen Dixon Glad my employer recommended this SAVE $110 OFF THIS HALF-DAY SEMINAR Register and pay for this seminar and another half-day seminar in the one transaction for a total price of $810 Explore the latest in employment, contract, property and family law. In addition, examine the non-legal issues facing the legal profession today: the use of technology in practice, crisis planning, media management, and the practical subtleties of refining your presentation skills. This day long program will strengthen your legal knowledge and improve the skills needed to move your practice through competitive legal landscape. Session One: Current Issues $0 15VA Chair: Lydia Kinda, Barrister, Douglas Menzies Employment Law Update: Landmark Case Commonwealth Bank of Australia v Barker The significance of the case and implications of the decision Key principles arising out of the judgment Implied duties in employment contracts: minimising risk Impact and importance of the case when drafting employment contracts and advising clients Presented by Catherine Dunlop, Partner, Maddocks Contract Law: Update and the Important Differences Between Deeds and Contracts Update of contract law including recent case law Deeds and contracts: snapshot of significant principles, importance for lawyers to understand the difference and implications for errors being made Presented by Melissa Kirby, Lawyer and Strategist, Sharpe & Abel Property Law Update and Forecast Highlights of case law and statutory developments in real property over the last twelve months Review of the most topical developments, including the Sale of Land Amendment Act 201 Practical implications of these developments for legal practitioners Presented by Douglas J James, Barrister, Owen Dixon Family Law: A Year in Review and Significant Implications Proposed changes to the family provision legislation: current principles and comparison with the proposed laws Significant principles and judgments over the past year and the implications on practitioners Case law review: major cases that will impact greatly on everyday practice Presented by Barry Berger, Partner, Berger Kordos ; Accredited Specialist in Family Law GAIN YOUR FULL 10 REQUIREMENTS. Register for the full day and we will provide you with hours of seminar recordings to make up your 10 points - FREE! Session Two: Compliance for All $0 15VB Chair: Ric Birkett, Partner, Aitken Partners Technology and the Law: Ethical and Security Considerations for Breaking the Traditional Confines The non-traditional communication methods, applications and information sharing devices being introduced into practices, large and small Bridging the gap between technology and the law: ethical and security considerations for firms and solicitors What is your professional responsibility to your clients and the court? Privacy, confidentiality and potential risks with cloud computing Presented by Berys Amor, Director of Technology, Corrs garth Crisis Averted: Crisis Management and Dealing With Adverse Media Attention A look at crisis management plans and how to effectively handle the media: Essential response checklist when in crisis: having strategic plans in place before, during and after a crisis Small firms and large firms: examples of crises that may occur and management response Action plans when a crisis affects clients or staff: development of core messages Working with the media, interface with emergency services, and press conference guidelines Monitoring and developing social media interface in a crisis Presented by Ross Campbell, Principal, RCA Crisis Management The Art of Words: Communication Challenges for Communication tools to deliver a powerful message Verbal v written communication: the differences when presenting and common misconceptions Recognising, and dealing with, the differences between transactional and advisory writing Complex v simple communication: the challenge of communicating clearly while maintaining legal accuracy Tips and traps on avoiding the most irritating and unproductive legal writing habits Presented by Bob Milstein, Owner, Words & Beyond 29

16 Attend and earn points Including: 2 points in Substantive Law 2 points in Attend and earn points in WOULD YOU LIKE TO GAIN YOUR FROM THE COMFORT OF YOUR DESK, SOFA OR COFFEE SHOP? 15V7 FAMILY LAW FUNDAMENTALS 15V8 DRAFTING AND ADMINISTRATION OF WILLS TUESDAY, 1 MARCH AM TO 1.15PM $0 TUESDAY, 1 MARCH PM TO 5.15PM $0 Then simply register for one of our seminar recordings. See our list below. Listed below is a sample of available seminar recordings. As with our face-to-face seminars you will have access to the full written seminar materials day or night with the click of a mouse. Victorian practitioners can claim 1 point per hour (up to a maximum of 5 points per year) from listening to recorded seminars. See our website for our full range. For those new to family law, attend to learn all you need to know about urgent applications, drafting, settling out of court and advocating in court. Gain tips on how to master some of the difficult challenges you may face. Chair: Rose Lockie, Partner, Gadens Panic Button: Preparing Urgent Applications Listing urgent applications in the family court Urgent interim orders for children What is and what isn t an appropriate order to seek? Urgent injunctions on property Urgent recovery orders Urgent parenting orders Urgent stop watch to prevent them leaving the country Presented by Caroline Counsel, Principal, Caroline Counsel Family ; Accredited Family Law Specialist Keeping Separating Clients Out of Court and Out of Conflict Keeping clients out of court: the Family Law Act and beyond Dispute Resolution in 2015: the same as, or different from, I settle all my cases Presented by Marguerite Picard, Partner, Melbourne Collaborative Alliance; Accredited Family Law Specialist Becoming Trial Fit Successful advocacy Preparation Presentation Presented by Samantha Marks QC, Barrister and Mediator, Owen Dixon and Erin Hill, Barrister, Leo Cussen Drafting Skills for Family Law Documents Financial statements: accuracy Court forms Affidavits Parenting and financial questionnaires: Do you let your client write or do you? Other documents Presented by Robyn Wheeler, Barrister, Owen Dixon East A practical and informative seminar on how to prepare wills and probate documents, verify the estate and obtaining grant of probate and intestacy. Chair: David Davis, Principal, David Davis & Associates Preparing a Will: Getting it Right the First Time Instructions: Asking the right questions from the start Ensuring the instructions have legal effect Legal format: how the law treats non formal wills Testamentary capacity and the prudent practitioner Presented by Barry Fry, Partner, Maddocks Verifying the Estate Assets and Their Collection Items no longer in existence Valuation of assets Real property Personal property Long service leave and superannuation, life insurance policies and tax credits Assets outside the jurisdiction Presented by Anna Hacker, National Manager Estate Planning, Equity Trustees Obtaining a Grant of Probate and a Grant of Intestacy Costs disclosure Searches for wills Completing probate documentation Filing the will How to avoid requisitions and how to answer common requisitions Distribution on Intestacy Identifying who inherits Calculation of distribution on intestacy Presented by Jim Robinson, Principal, Best Hooper Solicitors LAST CHANCE to become Compliant SEMINAR NAME SEMINAR CODE HOURS PRICE COMPULSORY CORE AREAS Compulsory Core Areas in Just Hours (QLD, September 201) OND19Q07 $0 Compulsory Core Areas for In-House Counsel (QLD, August 201) OND18Q0 $0 Compulsory Core Areas for Personal Injury (NSW, March 201) OND1N1B $0 Compulsory Core Areas for Family (QLD, March 201) OND1Q1B $0 Lunchtime Ethics for Patent and Trade Mark Attorney's (NSW, June 201) OND1N0B $0 Compulsory Core Areas for Litigation (QLD, March 201) OND1Q7 $0 Compulsory Core Areas for In-House Counsel (QLD, August 201) OND18Q0 $0 ADMINISTRATIVE AND GOVERNMENT LAW Decision Making and Reason Writing (NSW, March 201) $05 OND1N17 $05 CORPORATE AND COMMERCIAL Consumer Law (NSW, March 201) OND1N $0 PPSA Compliance and Enforcement (VIC, September 201) OND19V02 $05 Privacy Law: Checklist To Ensure Compliance (QLD, June 201) OND1Q07 $0 Commercial Litigation Practice Update (VIC, March 201) OND1V2 $05 Business Sale Transactions: Advanced Practice (VIC, March 201) OND1V2 $05 Bankruptcy Practice Update (VIC, March 201) OND1V1 $0 CONTRACTS Effective Contract Drafting (NSW, August 201) $05 OND18N05 $05 FAMILY LAW Family Law: Financial and Tax Issues (WA, September 201) OND19W01 $05 Family Law (VIC, March 201) OND1VA 1 $155 IN-HOUSE COUNSEL In-House Counsel Update (NSW, March 201) OND1N21A $05 INTELLECTUAL PROPERTY Lunchtime Ethics for Patent and Trade Mark Attorney's (NSW, June 201) 1 $155 OND1N0B 1 $155 5th Annual Patents and Trade Marks Conference (VIC, June 201) OND1V0 $9 Trade Marks (VIC, June 201) OND1V0A $0 Patents (VIC, June 201) OND1V0B $0 Patents (NSW, June 201) OND1N0A $05 LITIGATION Successful Advocacy: Insights from the Bench and Bar (VIC, March 201) OND1V2 $0 MINING AND RESOURCES State Agreements (WA, June 201) OND1W02 $05 MISCELLANEOUS Film and Television Law (NSW, March 201) OND1N $05 PERSONAL INJURY Personal Injury Roundup (NSW, March 201) OND1N1A $05 Psychological and Psychiatric Injury Claims (QLD, August 201) OND18Q0 $05 PROPERTY Advanced Retail and Commercial Leasing (NSW, September 201) OND19N05 $05 Practical Solutions to Conveyancing Problems (QLD, March 201) OND1Q05 $05 SCHOOL LAW School Law Conference 201 (QLD, September 201) OND19Q05 7 $710 Legal Issues Relating to Staff (QLD, September 201) OND19Q05A $05 Legal Issues Relating to Students and Carers (QLD, September 201) OND19Q05B $0 WILLS AND ESTATES Wills and Succession Law: A Busy Year (QLD, August 201) OND18Q01 $05 Asset Protection and Estate Planning (NSW, August 201) OND18N10 $05 Aged Care Reforms: Advising Your Clients (NSW, June 201) OND1N10 $0 Estate Planning and Will Drafting (WA, August 201) OND18W01 $05 WORKPLACE LAW Discrimination in the Workplace and the New Bullying Regime (QLD, March 201) OND1Q12 $05 Employment Relations and the Law (NSW, March 201) OND1N8A $05 1

17 REGISTRATION FORM / TAX INVOICE 5 EASY WAYS TO REGISTER: PO Box 971, Bondi Junction, NSW 155 DX Bondi Junction accounts@legalwiseseminars.com.au Call: Fax: VENUE: RACV City Club, 501 Bourke St Melbourne Please register me for: GROUP BOOKINGS: Please contact us on (02) for information on group booking discounts. YOUR DETAILS: Title Last name Job title Postal address First name Organisation City State Postcode DX Phone Fax Mobile PAYMENT DETAILS: All registrations must be paid in full prior to the date of the event. All prices include GST and P&H. This document will be a tax invoice for GST when fully completed and you make a payment that is under $1000. Please take a photocopy for your records. By EFT: For EFT payment please call accounts on (02) for details. Please your remittance advice to accounts@legalwiseseminars.com.au. 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