Showing 71–105 of 135 results
Adam Rollnik and Daniel Briggs discuss the requirements for admission of evidence of surrounding circumstances in contractual interpretation, and the development of the requirements from Codelfa and Mount Bruce through recent cases.
The Victorian Bar in conjunction with the Health and Wellbeing Committee present speakers; Bernadette Healy, Re-Vision Group Counselling (The Victorian Bar Counselling service) and Rosa Silvestro, Psychologist and Family Consultant. The session focuses on family therapy as it would apply to potential clients and services available for barristers themselves and their families.
Dr John Glover, commercial barrister specialising in trusts and tax law and Professor of Law in the Graduate School of Business and Law at RMIT University, speaks on whether Australia needs an ATO registry of trusts and trust assets, and possible characteristics of such a registry.
Senior representatives of the three major regulators in industrial law will speak about recent developments in their areas. Mark Irving chairs a discussion by three major regulators in the industrial law field. Cathy Cato, Acting Commissioner of the Australian Building and Construction Commission, The Hon Neil Jessup, former Federal Court Judge, and Janine Webster, Chief Counsel of the Fair Work Ombudsman, discuss recent development in their respective areas.
The recent decision of DPP v Dalgliesh  HCA 41 will have some effect on how plea hearings are conducted, in respect to current sentencing practices. This presentation will address what submissions a prosecutor may make regarding current sentencing practices in light of Dalgliesh and how defence counsel might respond.
Paul Hayes and Elizabeth Bennett shed light on the important Harman obligation and counsel’s duty to the Court. Paul Hayes presents a paper on the consequences of not abiding by the obligation and implicit risks. Elizabeth Bennett speaks on the ways in which the obligation can operate, and its intersection with other guiding principles.
The Hon. Justice Macaulay and Graeme Clarke QC share valuable insight into the development of the area of co-ordinate and proportionate liability. Clarke speaks to his paper, a thorough and helpful exposition of the legislative framework under which co-ordinate and proportionate liability is now to be considered, and covers recent jurisprudence on the topic.
This CPD session discusses the impacts of the decision in Thomas v Commissioner of Taxation, and the implications and practicalities of distributing franking credits and net income of a trust to beneficiaries in different manners.
Andrew Tragardh hosts this CPD session which addresses the recovery of monies misappropriated through fraud, and provides preliminary guidance for practitioners in civil fraud trials, with the objective of seeking maximum recovery for clients.
Kate Eastman S.C. discusses the effects and deliberations surrounding unconscious bias, focusing on lawyers and their interactions with bias in their legal work.
In this CPD, counsel for four of the five parties to the action in Re Amerind discuss the persistent question in insolvency law of “to whom does the liquidator of a trading trust distribute property realised in that liquidation?”, and Justice Robson’s comprehensive discussion on the topic and the Suco Gold/Enhill treatment.
In this seminar, The Honourable Justice Paul Cronin, Her Honour Magistrate Carolene Gwynn and Robin Smith discuss Family law proceedings that are running concurrent to relevant proceedings in other courts.
This CPD discusses notable case law and trends in the common law for the last year and predictions and developments for the next six months.
In this Q&A Session, Simon Steward QC discusses past and future trends in tax disputes, including changes since the appointment of the first outside Commissioner of Taxation, taxation of multinationals and ways in which to address this problem, apportionment cases, treaty and capital cases.
In this Q&A Session with Michelle Quigley QC, Chair of the Environment and Planning section of CommBar, key discussion points include common planning disputes arising from application for planning permits from local councils, and conditions imposed on those permits, especially in unresolved matters that progress to the Planning division of VCAT.
In this Q&A Session, Glen Pauline, Barrister & accredited Mediator discusses the new Franchising Code of Conduct, its purpose and application. Glen also outlines mediation under the Code, the Court’s approach to interpreting provisions under the Code, the effect of Code breaches by the franchisor and relevant cases.
In this Q&A Session with Lisa Hannon, key discussion points cover the area of compulsory land acquisition including the basic concepts, possibilities for compensation, how practitioners can best manage client expectations, unpacking “LACA Language” and the importance of specialist advice.
In this seminar, Professor David Howarth, Professor of Law and Public Policy at the University of Cambridge will explore the relationship between law and politics, and the role of lawyers in politics. He will also consider the relationships between lawyers, civil servants and the rule of law. One of Professor Howarth’s particular interests is the manner in which law and politics appear to be separating throughout the developed world. Are lawyers withdrawing from participation in democratic politics? If so, what, if anything, should be done about it?
This CPD seminar discusses the High Court’s decision in the Bywater Investments case and the status of Esquire Nominees Ltd v FCT (1973) 129 CLR 177 after Bywater Investments. Dr Julianne Jaques also discusses lessons from Bywater for ensuring foreign subsidiaries remain non-resident.
The Hon. Justice Mordy Bromberg, along with Steven Moore QC, Kate Burke and Brendan Avallone discuss a range of topics in Employment and Industrial Relations Law, including trends in the National Practice Area, sham contracting, the Fair Work Commission award review and the Fair Work Act 2009 (Cth).
In this Q&A Session, Carolyn Sparke QC discusses areas of liability for solicitors in will drafting including the circumstances in which a solicitor or other will drafter will be liable for failing to take proper care, other areas of liability beyond the drafting itself and good practice steps to take to avoid liability.
Trial CPD In Session with FREE access to the CPD on Legal, Constitutional and Human Rights issues surrounding same sex marriage. This CPD includes discussion of the important decision in The Commonwealth v Australian Capital Territory 92013) 250 CLR 441 by The Honourable Kenneth Hayne AC QC, former Justice, High Court of Australia; dialogue on the state of national law and constitutional law by The Honourable Michael Kirby AC CMG, former Justice, High Court of Australia and a focus on the human rights issues raised both nationally and internationally by Catherine Dixon and Anna Brown.
This seminar discusses how Barristers can effectively communicate with Judges. The seminar is presented by Victorian County Court Judge Chettle. Judge Chettle advises advocates from his own experiences, both as a Judge and Barrister, the steps to take to create and maintain a positive relationship with a judge throughout a case.
Professor Olaf Drummer is Deputy Director (Academic Programs) at Victorian Institute of Forensic Medicine and Professor and Head of the Department of Forensic Medicine at Monash University.
Courts routinely accepted Motherisk’s hair drug test results without challenge as evidence of parental substance abuse until a retired Judge’s independent review exposed mistakes in testing procedures, as the result of a successful appeal against conviction in the Canadian Bloomfield case.
Rishi Gulati has advanced claims on behalf of individuals before several international tribunals and fora, including on behalf of Baby Gammy before the UN Human Rights Committee. In this CPD, Rishi discusses the options that claimants may have when pursuing international justice, including at the UN Committee Against Torture and the UN Human Rights Committee. Rishi discusses procedural steps necessary before claims may be raised at the international level, including discussing the rule on the exhaustion of domestic remedies.
In this Q&A Session, Stewart Maiden discusses cross border insolvency law – what it is, why it is important, questions of jurisdictional diversity, modified universalism, the UNCITRAL Model law, foreign proceedings and centre of main interests. Stewart also discusses the cases of Akers v Deputy Commissioner of Taxation, Legend International Holdings Inc (in liq) v Indian Farmers Fertiliser Cooperative Limited and the Hanjin Shipping case.
In this Q&A Session, James W S Peters QC and Daniel Crennan discuss the Code of Banking Practice, including the types of issues it deals with, how it affects the relationship of Banking and customer/guarantees, warranties, breaches and conditions. Two key cases in Victoria discussed in this Q&A include Doggett v CBA and NAB v Rose.
Speaker(s): Chair: Dr Victoria Lambropoulos Speakers: Justice McDonald-Justice of the Supreme Court of Victoria, Head of Industrial Relations and Employment Law List of the Supreme Court, Associate Justice Ieradiaconou-Associate Justice of the Supreme Court of Victoria, Paul O'Grady QC, Joel Fetter-Barrister, Dr Victoria Lambropoulos-Barrister
This CPD session discusses trends on the Employment and Industrial List of the Supreme Court of Victoria, focusing on post employment restraints and injunctions, Corporations Act issues concerning employees and many other topics.
This Q&A Session with Martin Scott QC & Chris Young discusses the Shen Neng ship grounding on the Great Barrier Reef, and how the issues are of broader relevance to running and managing litigation or arbitration involving foreign litigants,foreign witnesses, non-English speaking witnesses, unusual fields of expertise or large claims against insured defendants.
In this Q&A Session, Michael Wyles QC discusses class actions, the relevant sections in the Supreme Court Act 1986, opting out of class actions, class members’ control over proceedings, power to commence a class action and the class action plaintiff’s duty to class members. Michael Wyles QC also provides practical tips on strategy, documentation handling & risk management.
This seminar discusses serious misconduct, summary dismissal and employment contracts, with a focus on the case of Melbourne Stadiums Limited v Sautner (2015) FCAFC 20. The seminar is presented by barrister Jonathon Forbes and senior Deakin University Law Lecturer Dr. Victoria Lambropoulos. The presentations are followed by a Q & A session, moderated by Paul O’Grady S.C.
Presented by consultant Jenny Bailey, this session is for barristers who deal with clients who are upset and emotional. The session will help improve the efficiency and effectiveness of your practice, and help you improve your relationship with your clients to improve satisfaction – even if they don’t get the result they were after.
In this Q&A session, with a focus on Competition Law, Martin Scott QC discusses the challenges and processes in cartel proceedings from investigation through to litigation and resolution. Focusing on the challenges confronting business and their in-house counsel in running cartel litigation, Martin provides insight into the investigation process, the factual complexity arising in framing the issues and arising from the tendency for cases to turn on inferences about “arrangements” or “understandings” and an overview of the issues arising on questions of liability and resolution.
This is a panel session which discusses the legal issues that arise in bankruptcy cases in relation to family law matters. The panel, chaired by Geoffrey Dickson QC consists of barristers Leslie Glick QC, Peter Fary and Catherine Gobbo, as well as Family Court Justice Paul Cronin.