Archive
Showing 71–105 of 171 results
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
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…
Liquidator and Administrator Remuneration: A Changing Landscape, Recent Developments and Practical Discussion
$77.00
Liquidator 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…
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…
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…
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
Leave to Appeal Under Section 148 of the VCAT Act
$77.00Leave to Appeal Under Section 148 of the VCAT Act
What is a question of law, and does it need to be in the leave application?
In this CPD, Emrys explores two specific and current topics affecting applications for leave to appeal from an order of the VCAT under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
FREE ACCESS – Indigenous Incarceration Rates in Australia: Pathways to Reform
FREE ACCESS – Indigenous Incarceration Rates in Australia: Pathways to Reform
Aboriginal and Torres Strait Islander peoples make up 2% of the Australian population, yet they make up 27% of the prison population. 34% of the female prison population are indigenous. The problem of over-representation is getting worse. The Australian Law Reform Commission (ALRC) final report into this ‘national tragedy’ was tabled in Parliament on 28 March 2018, by the Attorney General, The Hon. George Brandis QC. The report makes 34 recommendations. This timely seminar will discuss the issue and ALRC’s suggested reforms.
Guarantees Overview And Current Issues Of Enforcement
$77.00Guarantees Overview And Current Issues Of Enforcement
This seminar will look at the formal requirements for drafting guarantees, pleadings, and outline the scope of guarantor liability and discharge, guarantor rights and defences, and legislation affecting guarantors.
Recent Corporate Insolvency Reforms: Safe Harbour And Ipso Facto Clauses
$77.00Recent Corporate Insolvency Reforms: Safe Harbour And Ipso Facto Clauses
The seminar will update practitioners on the recent Corporate Insolvency Reforms:
(i) the Safe Harbour exclusion to directors’ insolvent trading liability, and
(ii) the moratorium on Ipso Facto clauses in voluntary administration
First Hand Hearsay
$77.00First Hand Hearsay
In this seminar Jason Harkess outlines and explains what qualifies as “first-hand” hearsay for the purposes of Division 2 of Part 3.2 of the Evidence Act 2008 (Vic).
The Full Court Decision In Sandini: Tax Implications for Family Law Disputes & Rollover Provisions
$77.00The Full Court Decision In Sandini: Tax Implications for Family Law Disputes & Rollover Provisions
The Full Federal Court recently handed down a 2-1 decision in Ellison v Sandini Pty Ltd [2018] FCAFC 44 overturning the Federal Court below. An application for special leave to the High Court has been filed. The case may have substantial consequences for family law practitioners and more general implications for capital gains tax rollover relief. The presentation will explain the Full Federal Court decision, its technical basis and ramifications and identify practical steps practitioners can take to best protect their clients’ interests.
Q&A Session with Fiona Cameron & Michael Bearman – Tax Implications in Judgments & Settlements
$77.00Q&A Session with Fiona Cameron & Michael Bearman – Tax Implications in Judgments & Settlements
In this Q&A session Fiona Cameron, Michael Bearman and Sarah Fregon discuss the tax implications of judgments and settlements, including income tax on judgment sums and interest, Capital Gains Tax events, and GST. This session is designed to provide non-tax lawyers with an essential understanding of the tax consequences that may flow from a judgment or settlement, based on important factors including the type of claim, the structure of any settlement agreement, and possible exemptions from income tax or CGT.
With over 33 years’ experience between them, Fiona and Michael are highly experienced specialists in taxation, commercial and administrative law.
Ethical Considerations Affecting Government Litigants
$77.00Ethical Considerations Affecting Government Litigants
In a number of recent decisions courts have made adverse comments about the behaviour of government litigants. Parliament is also considering legislation designed to make the model litigant rules legally enforceable.
In this seminar the speakers review the model litigant guidelines and the recent decisions in FCT v Donoghue [2015] FCAFC 183; (2015) 237 FCR 316; Gould v DCT [2017] FCAFC 1, North West Melbourne Recycling Pty Ltd v Commr of SR (Vic) (No 2) [2017] VSC 726, Shord v FCT [2017] FCAFC 167, and Shord v FCT (No 2) [2018] FCAFC 27.
Self Care when Working in Challenging Environments
$77.00Self Care when Working in Challenging Environments
William Wainwright is a forensic psychologist with 18 years’ experience working with many government and non-government organizations. William has worked in-depth in the sexual offending field with adults, juveniles and clients with intellectual disabilities. He has acted as an expert in court on numerous occasions and consulted and trained with a variety of audiences, including the police, judges, lawyers, DHHS workers, child protection workers corrections workers and prison officers.
In this session William discusses:
- Early Identification of stressors in the workplace
- How work effects other areas of our lives.
- Strategies to manage these stressors
- Short, medium and long-term management of well being
1 CPD POINT
What is Hearsay?
$77.00What is Hearsay?
In this seminar chaired by Dr Suzanne McNicol QC, our speaker Jason Harkess presents an explanation as to what qualifies as hearsay evidence under the Evidence Act 2008 and considers some more difficult hypothetical examples of hearsay evidence.
Workers Compensation – An Introduction/Refresher
$77.00Workers Compensation – An Introduction/Refresher
His Honour Magistrate Brian Wright speaks to his paper regarding the most important principles, legislation and case law in the area of workers compensation.