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FREE ACCESS- Commissioner of Taxation v Glencore – The Full Court decision
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FREE ACCESS- Commissioner 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.
FREE ACCESS- Frustration and Force Majeure in a Time of Covid
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FREE ACCESS- Frustration 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.
FREE ACCESS- eBrief and Court Books – in Isolation and Beyond
$0.00FREE ACCESS- eBrief 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.
FREE ACCESS- Defamation law reform in Australia: what’s coming, and what it means
$0.00FREE ACCESS- Defamation 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.
FREE ACCESS-Personality Disorders and the Verdins principles
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FREE ACCESS-Personality 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.
FREE ACCESS-Preserving the intention of the Koori Court – How the County Koori Court has adapted to virtual hearings
$0.00FREE ACCESS-Preserving 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.
FREE ACCESS-Family Law and the ADF
$0.00FREE ACCESS-Family 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.
FREE ACCESS-Industrial Action – Compliance with orders and the need for it to have an industrial character
$0.00FREE ACCESS-Industrial 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.
FREE ACCESS: The Regulation of Barristers: Part 1 – Being “Fit and Proper”
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FREE ACCESS: The 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.
FREE ACCESS: Early Neutral Evaluation in the County Court
$0.00FREE ACCESS: Early 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.
FREE ACCESS: A guide to recent significant changes in Commonwealth sentencing
$0.00FREE ACCESS: A 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.
FREE ACCESS- Sex Offenders- Diagnosis, Risk Assessments and Treatment
$0.00FREE ACCESS- Sex 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.
FREE ACCESS- Overview of AFCA and its role in the post-Royal Commission world
$0.00FREE ACCESS- Overview 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.
FREE ACCESS- Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)
$0.00FREE ACCESS- Workplace 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.
FREE ACCESS-PEXA – drafting property orders that work
FREE ACCESS-PEXA – 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.
FREE ACCESS-Virtual hearings Part 3: Using Webex in the Supreme Court
FREE ACCESS-Virtual hearings Part 3: Using Webex in the Supreme Court
In the third instalment of their CPD series on virtual appearance work, Kathleen Foley and Emrys Nekvapil focus on virtual hearings in the Supreme Court of Victoria.
FREE ACCESS-National Reconciliation Week – Recent legal developments impacting Aboriginal clients
FREE ACCESS-National Reconciliation Week – Recent legal developments impacting Aboriginal clients
A CPD event during National Reconciliation Week on legal developments impacting Aboriginal clients and bail, community justice reports and COVID-19. Hear from solicitors and barristers working directly with Aboriginal legal services and Aboriginal clients in Victoria on the latest case law and the intersection between legal and cultural matters.
FREE ACCESS- Courts, Contracts & COVID-19
FREE ACCESS- Courts, Contracts & COVID-19
The COVID-19 pandemic has not only given rise to new challenges and opportunities for the Court system, it has also raised unprecedented questions for clients and their advisors about commercial obligations in light of the new temporary COVID-19 Omnibus legislation and associated Regulations.
FREE ACCESS- Effective advocacy in s32C (Confidential Communications) applications
FREE ACCESS- Effective advocacy in s32C (Confidential Communications) applications
This CPD will explore the importance of effective preparation and advocacy when seeking leave to issue a subpoena and requesting release of documents. It will examine the common pitfalls and provide guidance on improving both oral and written submissions when making these applications.
FREE ACCESS- BHP Billiton Limited v Commissioner of Taxation – “Sufficient Influence in Commercial Dealings” – the High Court rules on the associate definition in s 318 ITAA 1936
FREE ACCESS- BHP Billiton Limited v Commissioner of Taxation – “Sufficient Influence in Commercial Dealings” – the High Court rules on the associate definition in s 318 ITAA 1936
On 11 March 2020, the High Court unanimously dismissed the taxpayer’s appeal from the Full Federal Court regarding attribution of income under Part X of the ITAA 1936.
Key to the decision was the High Court’s reasoning that each of BHP Billiton Ltd and BHP Billiton Plc exercised ‘sufficient influence’ over the other within the meaning of s 318(6) of the ITAA 1936.
An expert panel – including two counsel who appeared in the matter before the High Court – discuss the decision and key implications for taxpayers.
FREE ACCESS- New Child Sex Offence Legislation (NSW) and the Tendency Law Debate
FREE ACCESS- New Child Sex Offence Legislation (NSW) and the Tendency Law Debate
The recent introduction of Evidence Amendment (Tendency and Coincidence) Bill 2020 (NSW) by the NSW Government, likely to be soon followed in Victoria, expressly and aggressively lowers further the threshold for admissibility of tendency evidence insofar as it relates to child sex offences.
Following on the heels of the High Court’s recent tendency rulings, the proposed legislation turns up the heat on the debate about whether that threshold has been lowered too far or doesn’t go far enough, whether this discrete aspect of evidence law should be fragmented, and amplifies the disconnect between modern tendency law and the underlying principles developed through more than a century of common law.
FREE ACCESS- Virtual hearings Part 2: Using Teams in the Federal Court
FREE ACCESS- Virtual hearings Part 2: Using Teams in the Federal Court
In their second Zoom webinar on virtual hearings, Emrys Nekvapil and Kathleen Foley facilitate an interactive session on Microsoft Teams, the software used for virtual hearings in the Federal Court. The Honourables Justice O’Callaghan and Justice Thawley also participate in the webinar, providing insight from the perspective of the judge presiding over a virtual hearing. The webinar also include a mock mini-hearing using Microsoft Teams.
FREE ACCESS-Make No Mistake? The Michael Hayes Case
FREE ACCESS-Make No Mistake? The Michael Hayes Case
Hosted by The Tax Bar Association, this online webinar about the recent Full Federal Court decision in Commissioner of Taxation v The Trustee for the Michael Hayes Family Trust [2019] FCAFC 226. The case deals with the doctrines of mistake and rectification in tax disputes as well as specific issues related to public trading trusts and superannuation.
Gareth Redenbach provides an overview of the case and its general implications for tax disputes. The session is chaired by Michael Flynn QC who appeared for the successful trustee.
FREE ACCESS-Virtual appearance work in the time of Coronavirus
FREE ACCESS-Virtual appearance work in the time of Coronavirus
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.
Migration Law for Criminal Lawyers
$77.00Migration Law for Criminal Lawyers
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.
Holding the Exercise of Public Power by Private Entities to Account
$77.00Holding the Exercise of Public Power by Private Entities to Account
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.
DNA 2019 and Beyond
$77.00
DNA 2019 and Beyond
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.
Nothing to write home about: Australia the defamation capital of the world
$77.00Nothing to write home about: Australia the defamation capital of the world
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.
Ad Astra Per Aspera – Getting legislation through a Republican dominated Legislature while serving in the Democratic minority
$77.00Ad Astra Per Aspera – Getting legislation through a Republican dominated Legislature while serving in the Democratic minority
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:
- SB 77 – An Act Prohibiting the Practice of Racial Profiling
- “Scruffy’s Law” – It’s all in the Name
- SB 123 – Rehabilitation instead of Incarceration
Tax Issues in Family Law Proceedings – you can run but you can’t hide
$77.00Tax Issues in Family Law Proceedings – you can run but you can’t hide
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.
When is a taxpayer subject to ‘double taxation’?: The Full Court’s decision in Burton v Commissioner of Taxation [2019] FCAFC 141
$77.00When is a taxpayer subject to ‘double taxation’?: The Full Court’s decision in Burton v Commissioner of Taxation [2019] FCAFC 141
The Full Federal Court in Burton v Commissioner of Taxation [2019] 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…
The rule in Browne v Dunn: ‘What?’, ‘Why?’, ‘Who?’ and ‘How?’
$77.00The rule in Browne v Dunn: ‘What?’, ‘Why?’, ‘Who?’ and ‘How?’
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?
Transfer pricing recalibrated: Glencore Investment Pty Ltd v Commissioner of Taxation [2019] FCA 1432
$77.00Transfer pricing recalibrated: Glencore Investment Pty Ltd v Commissioner of Taxation [2019] FCA 1432
The Federal Court’s recent decision in Glencore Investment Pty Ltd v Commissioner of Taxation [2019] 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…
Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals
$77.00Burns 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’…
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.