Showing 1–35 of 178 results
This session will focus on these recent High Court decisions and how it has affected the state of the law. What is the importance of the written contract? How useful is the multifactorial checklist that has guided the characterisation process the last few decades? How will these decisions affect the behaviour of employers and employees, including those in gig economies or using tripartite models? Where will the battle lines be drawn in future case? Senior counsel who appeared in these High Court cases, Mark Irving QC and Marc Felman S.C., will be sharing their insights while Jennifer Batrouney AM QC, counsel appearing in Dental Corporation Pty Ltd v Moffet  FCAFC 118, will be chairing the session and providing her own insights including how the characterisation issue intercepts with taxation law.
In this webinar the speakers explore a factual scenario which raises some curly ethical questions for family law practitioners, including:
The cancellation of Novak Djokovic’s visa earlier this year has renewed interest in the visa cancellation regime – particularly the personal powers of the Minister for Home Affairs and decisions made in ‘immigration clearance’.
This session will offer analysis of the legal and practical issues surrounding these fascinating types of cancellations and provide tips on challenging them.
This CPD will assist those interested in taking on pro bono clients, or those new to the jurisdiction. The presenters will give an overview of the scheme and the Act, and the legal issues commonly involved in a dispute about access or about supports. They will also provide guidance on how you should present your case and issues you may encounter with evidence and expert witnesses.
This session will provide an overview of oppression remedies under s233 of the Corporations Act 2001 (Cth).
Aimed at both new and experienced practitioners, it will address:
In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:
This presentation will provide an update on recent cases and developments regarding various taxpayer privilege claims made against and challenged by the Commissioner of Taxation (Commissioner). Specifically, it will address:
This presentation will also address the recent High Court case of Deputy Commissioner of Taxation v Shi  HCA 22, dealing with the privilege against self-incrimination in the context of a requirement to disclose information to the Commissioner.
The intersection of family law, succession law and guardianship & administration can be complicated. With an increasing number of “blended” families and an aging population, this is something we may have to grapple with more frequently in the future as practitioners.
This seminar will present a ‘hypothetical’ which explores what can happen when a party to proceedings dies or becomes incapacitated, adult children get involved and there are proceedings in more than one jurisdiction.
Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.
Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability. The contours of these rules of attribution will be discussed.
On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.
Cryptocurrencies are becoming an increasingly common aspect of property settlement disputes. This session will explore common issues faced in a property settlement scenario where cryptocurrency exists, including disclosure (what to ask for / subpoena), tracing of transactions and valuation issues. The session will start with a basic introduction and assumes no prior cryptocurrency knowledge.
Australia’s economy is changing. Rapid advances in technology, social media, the new forms of work, and the start-up phenomenon, have all changed the way in which Australian business treats its intellectual property, trade secrets and know how. The protection of confidential information, and the detection of its misuse, is only going to assume increasing importance as these changes to our economy continue to evolve.
Breach of confidence claims can be fast paced, high stakes, and stressful for both plaintiff and defendant. They can be just as stressful for the legal advisers and the Court. The purpose of this session is to discuss the tips and traps for running a breach of confidence claim, and in particular, the initial stages of seeking interlocutory relief. The session will cover tips and traps from both the plaintiff and defendant perspective.
Deloitte’s Forensic Services team will explain the new software available to business to protect confidential information and detect its misuse – evidence will no longer be just about email searches, log in tracking and USB tracing.
At this session, our expert panel will talk about the new Federal Circuit and Family Court of Australia and address what we all need to know, including:
Heads of Agreement, and other similar preliminary agreements, are entered into by parties who contemplate that a further, more formal, agreement will be signed. Yet lawyers are frequently in a dilemma as to whether Heads of Agreement are binding or not. Why is there a dilemma? Can any doubt be removed?
Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.
This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.
The IBA has recent conducted a comprehensive survey into mental health of legal practitioners. In this seminar, the results of that survey are presented together with some reflections on how to improve lawyer wellbeing.
2020 has been a year of difficult revelations in the legal profession: a survey by the Victorian Legal Services Board + Commissioner reported that one third of those who responded had experienced sexual harassment in the workplace; the Chief Justice of the High Court stating that an inquiry into allegations of sexual harassment against a former High Court Judge found that six former Court staff members were harassed by him; and the Victorian Attorney-General announced a comprehensive review of the practices and protocols preventing and reporting sexual harassment in the courts and VCAT and across the legal profession.
In this webinar, Jenny Firkin QC, Chair of the Bar’s Equality and Diversity Committee, speaks with Kenneth Hayne AC QC about sexual harassment at the Bar. What are the cultural behaviours that we need to change? What can people who experience sexual harassment do? What should those who witness or hear of it do? And, if it’s not clear to perpetrators that their advances are unwelcome, what alarm bells should trigger them to stop and think.
The decisions of the High Court in Federal Commissioner of Taxation v Travelex Limited  HCA 8 and the Full Federal Court in Commissioner of Taxation v Auctus Resources Pty Ltd  FCAFC 39 illustrate the complex relationship between the Taxation Administration Act 1953 and the Running Balance Account regime on the one hand, and the GST and the R&D tax incentive on the other, in circumstances where the Commissioner of Taxation paid amounts to a taxpayer that had no legal entitlement to the payment.
In this session, the speaker explains the decisions and its impacts with the discussion chaired by Helen Symon QC.
Questions concerning the role of proportionate liability in cutting across contractual obligations and liabilities have given rise to conflicting authorities in different jurisdictions.
This CPD session reviews the role of proportionate liability in civil litigation and the Court of Appeal judgment in the Lacrosse Appeals (Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T  VSCA 72) will also be discussed.
In this seminar the following points are discussed.
Mediation offers the best chance many family law litigants have to resolve their case on their own terms. Solicitors, Counsel and Mediators all have an important role to play in facilitating this process.
This is an opportunity to hear from two experienced barristers about how they approach mediations, from the perspective of counsel and mediator.
This seminar presents a great opportunity for all legal practitioners working in child protection to get up to speed with recent case law relevant to the jurisdiction, and to ask questions of some of the Counsel who appeared.
Sweeping changes to the Victorian EPA Act are proposed to commence on 1 July 2021. This session includes a brief overview of the changes, a brief consideration of transitional provisions and will focus one of the central changes to the Act being the introduction of a new environmental duty.
The session covers the new duty and explore the relationship with the overarching duties found in occupational health and safety legislation.
The first statements by Australian businesses under the Modern Slavery Act 2018 have just been made publicly available.
What role does such reporting play in curbing modern slavery? What role do civil and criminal courts have? How do the criminal law and health and safety laws apply? And where next? … What initiatives from overseas might Australia draw from? Could there be a duty to conduct human rights due diligence?
In this CPD, the speakers will outline current and potential future legal developments in tackling modern slavery in Australia from both a civil and criminal law perspective, drawing upon their experiences in key cases in the United Kingdom.
The Family Law Bar Association invites you to a conversation with Jess Hill, award winning investigative journalist and author of the 2020 Stella Prize winning ground-breaking, international best seller, “See What You Made Me Do”. Described by Helen Garner as “a shattering book: clear-headed, meticulous, driving always at the truth”, See What You Made Me Do is difficult and essential reading for all who practice family law.
Jess discusses her research, her findings and, most importantly, her views on how the family law system can be improved to better protect victims of domestic abuse. Come listen, learn and question – this book may change the way you practice.
The Full Federal Court’s recent decision in Commissioner of Taxation v Glencore Investment Pty Ltd v  FCAFC 187 provides crucial guidance on the operation of the Australian transfer pricing regimes, including with respect to the arm’s length principle, the restructuring of transactions and the nature of the evidence relevant to the application of the transfer pricing provisions.
In this session, the panel will consider the implications arising from this important decision.
The Covid-19 crisis and lockdowns were unforeseen events, impacting on the performance of contracts. Can parties escape their contractual obligations by relying on the doctrine of frustration in a time of Covid? How do these events affect force majeure clauses? These questions and more will be answered in this CPD.
We are all having to adapt to new ways of working remotely, and electronic court books and briefs are here to stay.
This seminar is a beginners’ guide to setting up and accessing eBrief, uploading documents, tags and annotation and creating Court Books.
In this session, those who appeared in some of the high-profile cases that prompted the reforms address the nature of the forthcoming changes and those still being debated, and their significance to the evolution of defamation law, freedom of expression and the changing media landscape in Australia.
Following the recent judgment in Brown v The Queen  VSCA 212, Associate Professor Andrew Carroll and Dr Danny Sullivan discuss the forensic assessment of personality disorders and its relevance to sentencing.
In this CPD, Her Honour Judge Lawson outline the history and the context that led to the establishment of the Koori Court. Her Honour also explain how the modified virtual process is operating.
Nerita Waight, the CEO of Victorian Aboriginal Legal Service, present on the Aboriginal Community Justice Reports Project.
The Australian Defence Force has approximately 60,000 permanent members, and approximately 21,000 members of the active reserve. Litigants who are members of the ADF can raise unique challenges for practitioners in the family law jurisdiction, such as issues related to postings and deployments, defined benefit pensions, and employment limitations when facing intervention orders.
In this presentation, the speakers address some of the legal and practical challenges facing litigants and practitioners with respect to parenting applications, property settlement proceedings, and intervention orders when one or both of the parties are members of the ADF.
The speakers in this seminar address two key issues that have emerged in the law about how the Fair Work Act 2009 conceives of “industrial action” and when action of that kind might be denied legal protection.
What does it mean to be a ‘fit and proper person’ in the context of your practice at the Bar? What are the origins of this requirement and how did it come to be embedded in the legal framework that regulates us? Why does this test exist?
In the first of a two-part CPD, presented by the Bar’s Honorary Secretaries, who explore these questions as well as highlight the continued disclosure obligations imposed upon barristers and how to fulfil these obligations and satisfy the ‘fit and proper person’ test.
Early Neutral Evaluation (ENE) is a new alternative dispute resolution mechanism used in the Building Cases List in the County Court.
In this seminar, His Honour, Judge Woodward, Judge in charge of the Building Cases List, explains what ENE is, how it works, and the benefits it offers amongst the suite of ADR options available to resolve disputes.
This CPD covers some significant recent changes to Commonwealth sentencing, in particular, changes to parole, the general factors to be taken into account in sentencing, the vulnerable witness provisions and sentencing options for intellectually disabled offenders.
The session also canvas vast changes made in the area of Commonwealth child sex offences, including changes to bail and the introduction of a new mandatory minimum sentencing scheme.