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The seminar will include a discussion on the High Court’s decision in the context of recent developments and the implications this has on taxpayers’ rights in dealings with the ATO.
The High Court decision has clarified how liquidators of corporate trustees may deal with trust assets and the application of the priority regime prescribed by the Corporations Act 2001 to the distribution of the proceeds of trust assets to trust creditors. The decision also resolves the long-standing tension between the decision of the Full Court of the Supreme Court of South Australia in Re Suco Gold Pty Ltd (in liq) (1983) SASR 99 and the Full Court of the Supreme Court of Victoria in Re Enhill Pty Ltd  1 VR 561.
This session builds on the previous Victorian Bar CPD session that provided an introduction and overview to blockchain technology and cryptocurrencies. This session will survey the extant Australian case law considering blockchain and cryptocurrencies, drawing out the key themes and implications for the law and legal practice. The session will also delve into current regulatory trends and make predictions about the types of evidentiary, legal, and jurisdictional issues that may arise in the context of future legal disputes.
Discussion: Victorian Legal Services Board and Commissioner Fiona McLeay & Dr Matthew Collins AM QC, President of the Bar
Confidentiality in mediation and the extent to which what is said or done can be used outside the mediation, is an area which continues to raise questions. The seminar will bring practitioners up to date with various aspects of confidentiality in mediations.
In the seminar, the Chief Justice of the Supreme Court, the Chief Judge of the County Court of Victoria, the Chief Magistrate of the Magistrates’ Court of Victoria and the President of the Victorian Civil and Administrative Tribunal will each explore emerging practice areas, as well as highlighting those practice areas that are static or shrinking.
The seminar will discuss the following topics:
Commissioner of State Revenue v Placer Dome Inc  HCA 59 (5 December 2018) provides valuable insight into valuations in a mining context and a detailed discussion of legal and valuation issues related to goodwill. The decision is likely to be influential in many different tax contexts, including stamp duty, capital gains tax and tax consolidations. Eugene Wheelahan S.C. will explain the decision and explain some of its potential implications for tax law.
In August, the High Court delivered three significant judgments dealing with judicial review. The judgments concern the relationship between appellate review and legal unreasonableness (Minister v SZVFW; and, in the last week, TTY167) and the extent to which an error must be material in order to be “jurisdictional” (Hossain and Shrestha). They are likely to have significant implications for Australian public law, both in theory and in practice.
This session provides a valuable insight into how electronic hearings work. You will be presented with techniques for pre-hearing preparation as well as recommended approaches for maximising the benefits technology can deliver during a hearing.
We have enlisted the services of two barristers familiar with electronic hearings. They will share their experiences and provide valuable insight into conducting a trial electronically.
The Commercial Bar Civil Procedure Section is pleased to present a panel discussion on the vexed issue of making applications to judicial officers to recuse themselves on the grounds of apprehended bias. The panel will review recent decisions in this area and will provide an overview as to how best to (or how best not to) approach such an application.
THE IMPLICATIONS OF TECH MAHINDRA LIMITED v CoT and
SATYAM COMPUTER SERVICES LIMITED v CoT
It is commonly stated that a double tax agreement is a shield to protect taxpayers from double taxation and cannot of itself give rise to taxation liabilities. However, the October 2018 decisions of the Full Federal Court in Tech Mahindra Limited and Satyam Computer Services Limited mean that the “source of income provisions” found in many of Australia’s double tax agreements have “what amounts to some ‘sword-like effect in practice”. The decisions have immediate implications for Indian-resident taxpayers in receipt of payments for ‘technical services’ from Australian customers, but the possible implications are much broader.
The Bar and the County Court, working together, have designed a new pilot scheme for pro bono referrals which commenced on 1 October in the County Court’s Commercial and Common Law Divisions.
The protocol provides clear written guidance as to eligibility and the operation of the scheme. Referrals are to occur by Court Order, which will provide clarity as to the scope of requests. The new procedures are aimed at improving the quality of experience for members in providing pro bono legal assistance, in turn improving the outcome for clients and the courts.
A panel of speakers from the County Court and Victorian Bar will discuss the practical operation of the new referral scheme.
This year marks the tenth anniversary of the enactment of the Cross-Border Insolvency Act 2008 (Cth), which adopted the UNCITRAL Model Law on Cross-Border Insolvency. In the decade since its adoption, the Model Law has provided a clear and consistent basis for the courts in Australia to grant recognition and assistance to foreign insolvency proceedings.
This seminar explores the conceptual framework behind the Model Law, the extent to which it has been adopted and adapted by jurisdictions in the Asia Pacific region and the experience of the Model Law in Australia. The Model Law is an interesting example of legal convergence (and divergence), particularly in view of the increasingly global nature of business activities and operations, and the benefits that accrue to debtors, creditors and other stakeholders in dealing with cross-border insolvency issues on a uniform basis.
When brutality is alleged against police, impartial investigation is essential – to ensure accountability for misconduct, to vindicate the human rights of victims, and to embed a culture of respect for rights within our police force. In March 2018 IBAC found ‘concerning deficiencies’ in the manner in which Victoria Police reviews serious incidents, including those that result in the serious injury or death of members of the public. The IBAC findings raise significant legal and human rights concerns.
Recent changes in the Common Law Division of the Supreme Court include e-filing, new powers for judicial registrars (including in relation to transfers between courts and hearing of stay applications), update to the Supreme Court (Miscellaneous Civil Proceedings) Rules (Chapter II rules).
The Annual Industrial Law Update CPD took place on 15 October 2018 discussed:
This seminar provided an update on principles of loss and damage in particular the time for assessment, and when loss and damage first arises. An understanding of these issues is critical for trial.
Developments in the Commercial Court continue apace. During this seminar, members of the Court speak about management for the Corporations List, formalisation of the oppression proceeding program, judicial mediations, new powers for judicial registrars, and e-filing.
This seminar examined the boundaries of remedies available under the Australian Consumer Law by reference to gain-based measures of relief as a means both of providing recompense to the plaintiff and deterring misleading conduct.
The High Court handed down its decision in the case of the Federal Commissioner of Taxation v Thomas  HCA 31 on 8 August 2018. This seminar covers the key aspects of the case and their implications, including declaratory relief and the limits of the Executor Trustee case.
This seminar examined the first decided case in which the Commissioner of Taxation disqualified a trustee of a self-managed superannuation fund for not being a fit and proper person and for various breaches of the Superannuation Industry (Supervision) Act 1993.
Directors of companies that trade overseas, and those of subsidiaries of overseas companies, may have duties imposed upon them by foreign law and be subject to the jurisdiction of foreign courts, especially where entities or their holding companies are approaching insolvency. Legal advisers have to be aware of the potential for that to occur. This presentation discusses the potential liability and provides examples of it. It also looks at and discusses the need to develop an understanding of how different legal systems impose duties on directors. This seminar is open to barristers, solicitors, in-house counsel and insolvency practitioners.
The Commissioner has broad powers to compulsorily obtain information under s 353-10 of Sch 1 to the Taxation Administration Act 1953. In this practical seminar, a panel of experts discuss issues including:
The Australian Building and Construction Commissioner and the Registered Organisations Commissioner and the Chief Counsel of the Fair Work Ombudsman each present updates as to regulatory and legal priorities and relevant recent decisions. Barrister Catherine Symons also presents in relation to the treatment of multiple and overlapping contraventions when imposing civil penalties.
What is a question of law, and does it need to be in the leave application?
In this CPD, Emrys explores two specific and current topics affecting applications for leave to appeal from an order of the VCAT under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).