Showing 36–70 of 166 results
Emrys Nekvapil and Kathleen Foley present a practical seminar on virtual appearance work. They will introduce you to the equipment and videoconferencing software you need to appear in a virtual environment, help with technical issues that might occur, and explain the challenges of effective advocacy in a virtual setting.
This seminar is presented by two experienced migration law practitioners who will discuss the interaction between the criminal law and the cancellation of a visa and deportation.
This seminar will help lawyers who are prepared to help clients with migration law problems, but who may be new to migration law or administrative law in general, to understand the basics of running migration litigation.
Private entities sometimes exercise public power or perform governmental functions and often deliver services on behalf of governments. In these situations, complex public law issues concerning control and accountability arise. This seminar examines some of those issues.
Since 1989 DNA evidence has been relied upon in Australian courts to secure convictions. In subsequent years there has been significant developments in the technology used to obtain DNA, from 9 to 21 loci and STRMix, and the application of DNA including the establishment of a national DNA database. Every step along the way has been the subject of legal challenge with a considerable body of case law being the result.
The future for practitioners is likely to see just as much development with an increasing reliance in prosecutions upon familial searching, the profiling of mitochondrial DNA (mtDNA) and Y-chromosome DNA and forensic DNA phenotyping (FDP). This seminar will discuss these changes and explore future directions.
On 4 September 2019, Dr Matt Collins AM QC gave a speech to the National Press Club in Canberra about the law of defamation in Australia. In that speech, he advocated that the defamation laws were out-of-date and flawed. He advocated that there should be a new cause of action: declaration of falsity and that the burden to prove falsity ought to reside with the plaintiff.
The speakers at this seminar will debate the contents of his speech and discuss where the laws of defamation are headed.
In this seminar there will be a discussion of techniques and strategies on how to champion and see the passage of legislation while serving in the minority party of a legislature, with specific reference to:
Tax issues such as CGT (including rollover relief), Division 7A as well as trust and corporate law issues frequently arise in family law property proceedings. A recent trend has also seen the Commissioner of Taxation intervening in s79 proceedings to secure payment of tax debts owed by a party or parties to the marriage prior to any distribution of property.
As solicitors and barristers, it is our duty to assist the members of the judiciary to carry out their judicial function. In carrying out that duty, we are subject to very important obligations imposed by the Civil Procedure Act 2010 and the Federal Court of Australia Act 1976. As the consumers of our advocacy services, who better to hear from on such an important topic than the judges.
This session will be focussed on practical measures that can be taken to avoid annoying the court and to ensure that proceedings run as smoothly and efficiently as possible.
The Full Federal Court in Burton v Commissioner of Taxation  FCAFC 141 considered an appeal by an Australian resident taxpayer from a test case concerning his claim for a Foreign Income Tax Offset (FITO) for the full amount of US tax on a discount…
In this CPD there will be discussion on a rule that was cemented into the common law by the House of Lords more than 125 years ago. What is it, why do we have it, who must follow it, and how?
The Federal Court’s recent decision in Glencore Investment Pty Ltd v Commissioner of Taxation  FCA 1432 has significant implications for the operation of the Australian transfer pricing regimes, including with respect to the arm’s length principle, the restructuring of transactions, the role of expert…
The High Court’s decision Burns v Corbett significantly narrowed the jurisdiction of State tribunals. The High Court held that the Australian Constitution precludes a State tribunal, in this case the New South Wales Civil and Administrative Tribunal, that is not a ‘court of a State’…
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.
Discrimination claims are now brought through various means, including representative proceedings; in a variety of contexts; and in various forums. This CPD seminar will address recent developments in discrimination law and insights from the Federal Court, the Victorian Equal Opportunity and Human Rights Commission and…
In this CPD, speakers Andrew Broadfoot QC and Andrew Bailey discuss the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia  FCAFC 120. It has significant implications for the application of the R&D tax offset and, particularly, has removed an interpretative…
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.
Touch screens, electronic jury books and interactive software are now key features of the conduct of criminal trial by the Office of Public Prosecution. This presentation will demonstrate the key features of this technology and how both Prosecutors and Defence can utilise these programs to…
In recent times a substantial body of law has developed, in the Fair Work Commission, as to the requirements for making and approving enterprise agreements; and in the Courts, as to the availability of judicial review of decisions of the Commission. This seminar considers recent…
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
Dr Durdle is a forensics expert who specialises in the recovery of DNA evidence from major crime scenes. Her thesis was on the common blowflies’ ability to move full DNA profiles between locations after ingesting human blood or semen, and has revolutionised certain aspects of forensic…
This seminar will provide a practical overview of the changes to the approval of liquidators’ and administrators’ remuneration with a particular focus on recent trends and developments for practitioners currently practising in insolvency and those wishing to practise in this area of the law. Practitioners…
A five-member bench of the Full Federal Court has unanimously overturned the first instance decision in Commissioner of Taxation v Resource Capital Fund IV LP  FCA 18. This judgment will have significant implications for the classification of legal entities for tax purposes, entitlement to…
This CPD seminar will provide attendees with an introduction to running visa cancellation matters on the basis of character grounds in the Administrative Appeals Tribunal. It will include an overview of relevant law, processes and practical tips.
This seminar will address the Australian Law Reform Commission’s recent report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, including the ALRC’s recommendations with respect to the regulation of third-party litigation funding in class actions, the case management of class…
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.