Archive
Showing 1–35 of 160 results
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Have the waters of the swampy lagoon that distinguish an employee from an independent contractor finally settled?
$77.00
Have the waters of the swampy lagoon that distinguish an employee from an independent contractor finally settled?
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 [2020] FCAFC 118, will be chairing the session and providing her own insights including how the characterisation issue intercepts with taxation law.
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An Ethical Dilemma
$77.00
An Ethical Dilemma
In this webinar the speakers explore a factual scenario which raises some curly ethical questions for family law practitioners, including:
- When does a conflict arise? This is consistently one of the most common forms of complaint made against practitioners.
- What can and can’t I say on social media about my cases?
- To disclose or not to disclose, that is the question.
- When does evidence cross an ethical line?
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Lessons from Djokovic – Visa Cancellation, Immigration Clearance and the Minister’s personal powers
$77.00Lessons from Djokovic – Visa Cancellation, Immigration Clearance and the Minister’s personal powers
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.
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NDIS matters at the AAT – how to run an application and unique issues in this jurisdiction
$77.00
NDIS matters at the AAT – how to run an application and unique issues in this jurisdiction
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.
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Oppression: Between the devil and s233
$77.00Oppression: Between the devil and s233
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:
- relevant conduct which may constitute oppression;
- practical aspects in commencing proceedings;
- likely outcomes (buy-out versus winding up);
- other factors to be considered (eg: trading trusts, directors’ duties, tax consequences); and
- key cases.
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Party politics, private bodies and prerogative powers: the limits of supervisory review
$77.00Party politics, private bodies and prerogative powers: the limits of supervisory review
In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:
- Kairouz v Bracks (No 2) [2021] VSC 671; Asmar v Albanese (No 4) [2021] VSC 672 with discussion of –
- shifting judicial attitudes towards the justiciability of internal affairs of political parties, as voluntary unincorporated associations
- the significance of statutory registration, public functions and access to public funding as matters justifying judicial intervention
- whether a decision of a private body is amenable to judicial review, with reference to two recent cases which considered the application of the Datafin principle in Australia: Vergara v Chartered Accountants ANZ [2021] VSC 34 and Durney v Unison Housing (2019) 57 VR 158.
- how courts conduct judicial review of non-statutory executive powers, whether the grounds of review are the same as those that apply to statutory powers, Attorney-General (Cth) v Ogawa (2020) 281 FCR 1 and “subject matter” immunity from judicial review.
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Recent Tax Cases
$77.00Recent Tax Cases
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:
- the Commissioner’s treatment of legal professional privilege (LPP) claims in response to notices issued under s 353-10 of Schedule 1 to the Tax Administration Act 1953 (Cth) by reference to the decision in CUB Australia Holding Pty Ltd v Commissioner of Taxation [2021] FCAFC 171 and the hearings in Commissioner of Taxation v PricewaterhouseCoopers & Ors; and
- the draft ATO LPP protocol released for public comment in late September 2021.
This presentation will also address the recent High Court case of Deputy Commissioner of Taxation v Shi [2021] HCA 22, dealing with the privilege against self-incrimination in the context of a requirement to disclose information to the Commissioner.
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Feuding families: incapacity, death and other disasters
$77.00Feuding families: incapacity, death and other disasters
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.
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Cryptocurrency for Family Lawyers – what you need to know
$77.00Cryptocurrency for Family Lawyers – what you need to know
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.
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The New Court: down to business in the FCFCOA
$77.00The New Court: down to business in the FCFCOA
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:
- Single point of entry for all family law cases
- Harmonisation of the Rules
- Case Management
- New specialised lists, such as the Contravention List
- Role and powers of Registrars
- Terminology
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Heads of Agreement: Binding or not?
$77.00Heads of Agreement: Binding or not?
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?
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International Bar Association – results of survey into mental health in the legal profession
$77.00
International Bar Association – results of survey into mental health in the legal profession
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.
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FREE ACCESS: Stamping out Sexual Harassment at the Bar
$0.00FREE ACCESS: Stamping out Sexual Harassment at the Bar
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.
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Travelex and Auctus: Recent decisions of the High Court and Full Federal Court
$77.00Travelex and Auctus: Recent decisions of the High Court and Full Federal Court
The decisions of the High Court in Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 and the Full Federal Court in Commissioner of Taxation v Auctus Resources Pty Ltd [2021] 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.
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Proportionate Liability and the Primacy of Contract in Risk Allocation in Commercial Cases
$77.00Proportionate Liability and the Primacy of Contract in Risk Allocation in Commercial Cases
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 [2021] VSCA 72) will also be discussed.
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How to not screw up a Hague Case – Tips & Traps
$77.00How to not screw up a Hague Case – Tips & Traps
In this seminar the following points are discussed.
- Presentation on the 1980 Hague Convention/the Child Abduction Convention in light of the COVID-19 pandemic
- Discussion of recent case law and some of the significant changes in the approach of the Australian Courts
- Interactive Case studies
- Tips and Traps taken from cases worked on by practitioners who practice in the area
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Preparing for Family Law Property Mediations
$77.00Preparing for Family Law Property Mediations
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.
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The New Environment Protection Act – Update and focus on the Victorian environmental duty
$77.00The New Environment Protection Act – Update and focus on the Victorian environmental duty
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.
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Tackling Modern Slavery- Civil and Criminal Law perspectives
$77.00Tackling Modern Slavery- Civil and Criminal Law perspectives
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.
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See What You Made Me Do- Power, Control and Domestic Abuse and the Family Law system- a conversation with Jess Hill
$77.00See What You Made Me Do- Power, Control and Domestic Abuse and the Family Law system- a conversation with Jess Hill
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.
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Commissioner of Taxation v Glencore – The Full Court decision
$77.00Commissioner of Taxation v Glencore – The Full Court decision
The Full Federal Court’s recent decision in Commissioner of Taxation v Glencore Investment Pty Ltd v [2020] 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.
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Frustration and Force Majeure in a Time of Covid
$77.00Frustration and Force Majeure in a Time of Covid
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.
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eBrief and Court Books – in Isolation and Beyond
$77.00eBrief and Court Books – in Isolation and Beyond
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.
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Defamation law reform in Australia: what’s coming, and what it means
$77.00Defamation law reform in Australia: what’s coming, and what it means
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.
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Personality Disorders and the Verdins principles
$77.00Personality Disorders and the Verdins principles
Following the recent judgment in Brown v The Queen [2020] VSCA 212, Associate Professor Andrew Carroll and Dr Danny Sullivan discuss the forensic assessment of personality disorders and its relevance to sentencing.
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Preserving the intention of the Koori Court – How the County Koori Court has adapted to virtual hearings
$77.00Preserving the intention of the Koori Court – How the County Koori Court has adapted to virtual hearings
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.
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Family Law and the ADF
$77.00Family Law and the ADF
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.
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Industrial Action – Compliance with orders and the need for it to have an industrial character
$77.00Industrial Action – Compliance with orders and the need for it to have an industrial character
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.
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The Regulation of Barristers: Part 1 – Being “Fit and Proper”
$77.00The Regulation of Barristers: Part 1 – Being “Fit and Proper”
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.
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Early Neutral Evaluation in the County Court
$77.00Early Neutral Evaluation in the County Court
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.
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A guide to recent significant changes in Commonwealth sentencing
$77.00A guide to recent significant changes in Commonwealth sentencing
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.
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Sex Offenders- Diagnosis, Risk Assessments and Treatment
$77.00Sex Offenders- Diagnosis, Risk Assessments and Treatment
Pamela Matthews has practiced independently as a Forensic Psychologist in the State and Federal Court system for the past 24 years.
In this CPD, she will focus on the diagnosis and treatment of sexual offenders. What is involved in assessing future risk? How predictive are the risk assessment tools? These questions and more will be answered.
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Overview of AFCA and its role in the post-Royal Commission world
$77.00Overview of AFCA and its role in the post-Royal Commission world
In this seminar, Evelyn Halls provide an overview of the Australian Financial Complaints Authority (AFCA)’s first 18 months of operations, since its establishment in November 2018 as a ‘one-stop shop’ to deal with financial services complaints.
She will discuss the steps AFCA takes to resolve complaints efficiently, effectively and fairly. She will highlight complaint trends, emerging issues and learnings for the financial services sector, as well as providing an insight into key AFCA initiatives such as the Fairness Project and the development of AFCA’s revised approach to responsible lending.
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Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)
$77.00Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)
Part 5A of the OHS Act – which creates the offence of workplace manslaughter – comes into force on 1 July 2020.
The new offence is based on common law manslaughter but does not adopt the common law test of gross negligence. It also sits in a framework of negligence offences in the OHS Act which will lead to some complexity in trials where there are multiple counts, multiple offenders or both. This session will outline the basics of the new offence, the policy behind it and the potential difficulties in its operation.
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PEXA – drafting property orders that work
$77.00PEXA – drafting property orders that work
In this seminar, presenter Megan Tennyson of the PEXA Partner Program will explain what PEXA is, and how it has changed property transactions. What impact does this have on drafting family law property orders? Do s.106A orders work in the PEXA world? These questions and more will be answered.