Session Catalogue
Showing 71–105 of 189 results
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Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals
$77.00
Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals
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’…
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Glencore International AG v Commissioner of Taxation [2019] HCA 26-So where are we now with privilege?
$77.00Glencore International AG v Commissioner of Taxation [2019] HCA 26-So where are we now with privilege?
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.
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A symposium on discrimination law: insights and recent developments
$77.00A symposium on discrimination law: insights and recent developments
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…
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R&D Tax Incentives: the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia [2019] FCAFC 120
$77.00R&D Tax Incentives: the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia [2019] FCAFC 120
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 [2019] FCAFC 120. It has significant implications for the application of the R&D tax offset and, particularly, has removed an interpretative…
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The final word on the application of the statutory priority regime to insolvent corporate trustees: The High Court decision in Re Amerind
$77.00The final word on the application of the statutory priority regime to insolvent corporate trustees: The High Court decision in Re Amerind
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 [1983] 1 VR 561.
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Technology In Criminal Trials
$77.00
Technology In Criminal Trials
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…
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Recent Developments in Enterprise Agreement Making and Judicial Review
$77.00Recent Developments in Enterprise Agreement Making and Judicial Review
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…
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Blockchain, Cryptocurrencies and the Law: Early Cases and Regulatory Trends
$77.00Blockchain, Cryptocurrencies and the Law: Early Cases and Regulatory Trends
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.
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FREE ACCESS – Victorian Legal Services Board and Commissioner: Future of the Profession – initiatives and insight
FREE ACCESS – Victorian Legal Services Board and Commissioner: Future of the Profession – initiatives and insight
Discussion: Victorian Legal Services Board and Commissioner Fiona McLeay & Dr Matthew Collins AM QC, President of the Bar
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DNA Reports
$77.00DNA Reports
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…
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Liquidator and Administrator Remuneration: A Changing Landscape, Recent Developments and Practical Discussion
$77.00Liquidator and Administrator Remuneration: A Changing Landscape, Recent Developments and Practical Discussion
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…
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The Full Federal Court judgment in Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51
$77.00The Full Federal Court judgment in Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51
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 [2018] FCA 18. This judgment will have significant implications for the classification of legal entities for tax purposes, entitlement to…
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Introduction to Migration Character Cases in the AAT
$77.00Introduction to Migration Character Cases in the AAT
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.
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Class actions and third party litigation funders – what’s next after the ALRC final report?
$77.00Class actions and third party litigation funders – what’s next after the ALRC final report?
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…
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Confidentiality in Mediation
$77.00
Confidentiality in Mediation
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.
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Victorian Heads of Jurisdiction Present on Emerging Areas of Practice
$77.00
Victorian Heads of Jurisdiction Present on Emerging Areas of Practice
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.
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Overlap between Criminal & Immigration Law
$77.00Overlap between Criminal & Immigration Law
The seminar will discuss the following topics:
- The difference between various visas, permanent residency and citizenship;
- How someone can be deported, their appeal rights and ministerial discretion;
- Criminal justice visas; and
- Sentence Prisoners electing to be deported early
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The implications of the High Court decision in Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59 (5 December 2018)
$77.00The implications of the High Court decision in Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59 (5 December 2018)
Commissioner of State Revenue v Placer Dome Inc [2018] 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.
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Jurisdictional Error After SZVFW, TTY167, Hossain and Shrestha
$77.00Jurisdictional Error After SZVFW, TTY167, Hossain and Shrestha
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.
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The Benefits of Electronic Hearings
$77.00The Benefits of Electronic Hearings
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.
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Apprehended Bias – To Recuse or Not to Recuse? A Panel Discussion
$77.00Apprehended Bias – To Recuse or Not to Recuse? A Panel Discussion
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.
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Double Tax Agreements: A Shield or a Sword
$77.00Double Tax Agreements: A Shield or a Sword
THE IMPLICATIONS OF TECH MAHINDRA LIMITED v CoT and
SATYAM COMPUTER SERVICES LIMITED v CoTIt 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.
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Substantive Law, Ethics and Professional Responsibility, Professional Skills, Practice Management and Business SkillsPro Bono Barrister Court Referral Scheme: Launch of the new protocol with County Court
$77.00Pro Bono Barrister Court Referral Scheme: Launch of the new protocol with County Court
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.
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Cross-Border Insolvency: The Model Law In Australia And The Asia Pacific
$77.00Cross-Border Insolvency: The Model Law In Australia And The Asia Pacific
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.
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IBAC Report: Audit Of Victoria Police’s Oversight Of Serious Incidents
$77.00IBAC Report: Audit Of Victoria Police’s Oversight Of Serious Incidents
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.
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Recent Developments in the Common Law Division of the Supreme Court
$77.00Recent Developments in the Common Law Division of the Supreme Court
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).
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Annual Industrial Law Update CPD
$77.00Annual Industrial Law Update CPD
The Annual Industrial Law Update CPD took place on 15 October 2018 discussed:
- Issues in coercion claims under Part 3-1 of the Fair Work Act
- Pleadings in claims under Part 3-1 of the Fair Work Act
- The implications of the recent Full Court decision in One Key Workforce Pty Ltd v CFMEU
- Accessorial liability in employment and industrial law
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Loss and Damage – When is it to be assessed and when does it arise?
$77.00Loss and Damage – When is it to be assessed and when does it arise?
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.
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Recent Developments in the Commercial Court
$77.00Recent Developments in the Commercial Court
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.
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Restitution and Account of Profits for Misleading and Deceptive Conduct Under the Australian Consumer Law
$77.00Restitution and Account of Profits for Misleading and Deceptive Conduct Under the Australian Consumer Law
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.
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Thomas – Binding the Commissioner
$77.00Thomas – Binding the Commissioner
The High Court handed down its decision in the case of the Federal Commissioner of Taxation v Thomas [2018] 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.
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Hart v Commissioner of Taxation
$77.00Hart v Commissioner of Taxation
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.
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Internationalisation of Directors’ Duties
$77.00Internationalisation of Directors’ Duties
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.
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Commissioners Powers to Obtain Information Under s 353-10
$77.00Commissioners Powers to Obtain Information Under s 353-10
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:
- areas of focus for the ATO and tips for advisers/taxpayers
- what is a reasonable search effort in a digital environment, including where documents might be located offshore
- claims for legal professional privilege
- challenges to the form of s 353-10 notices
- consequences for failure to comply.
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Regulators’ Update: Priorities and Approach to Civil Penalties
$77.00Regulators’ Update: Priorities and Approach to Civil Penalties
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.