Showing 1–35 of 44 results
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.
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 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.
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.
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.
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 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 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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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 WS Peters QC discusses key issues and recent developments in the area of Directors’ and Officers’ (D&O) insurance with particular focus on construction and causation, and the recent Oz Minerals and Hird v Chubb decisions.
In this Q&A Session, Wendy Harris QC discusses the Tabcorp and Tatts litigation including: statutory claims and interpretations; principles of redundancy and illegality; contract construction; the intersection of contract and statute and contractual and statutory rights.
In this Q&A Session, Dr Matthew Collins QC discusses media, communications and commercial law focusing mainly on defamation and the changes that have arisen as a result of the internet and other electronic media platforms over the past decade.
In this Q&A Session, Stuart Wood QC discusses recent developments in industrial and employment law with practical insights into the process and procedure in the Fair Work Tribunal and Federal Court in Employment cases.
In this Q&A Session, Dr Matthew Collins QC and Michael Rivette discuss the primacy of imputations in defamation actions; recent trends in online defamation cases; and the protection of journalists’ sources. In relation to privacy, they discuss Australia's data protection laws; employer access private information on Facebook; and recent decisions in cases of invasions of privacy.
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 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.
This CPD seminar discusses the changes to video conferencing with clients in custody. This seminar outlines the changes in legislation concerning video links from clients in custody and connecting them to the court system. The panel outlines The Justice Legislation (Evidence and Other Acts) Amendment Bill 2016 and discusses how these changes will affect not only the court system but both the client and their counsel.
This is a debate between barristers Damien McAloon and Katherine Brazenor on the issue of whether the peak indebtedness rule remains an essential part of Australian Law. The Moderator is retired Federal Court Judge, the Honourable Ray Finkelstein AO, QC. The debate is sparked by the New Zealand Court of Appeal rejection of the peak indebtedness rule in Timberworld Ltd v Levin .
This seminar is presented by Catherine Devine. Ms. Devine is a barrister specialising in the area of child support. Ms. Devine discusses private school fees in the child support context. Ms. Devine advises on the process of forming these agreements, the factors to consider and the legal requirements the agreement must adhere to.
Recent campaigns and debate have centred on the need to recognise Indigenous Australians as the first peoples of Australia under the Australian Constitution. This CPD seminar, presented by Mick Dodson AM, focusses on the seminal judgment in the Tasmanian Dams case, and the effects of the High Court’s decision.
This is a panel session for the legal profession as a whole attended, not only by members of the Bar, but also by solicitors and in-house counsel practising in the area of industrial law. The seminar focusses on the development of industrial law, particularly in relation to under payments, directors and accessories liability. Stuart Wood QC chairs the session.
This is a seminar given by Eugene Hyman, a former Judge in the Santa Clara County Superior Court and Santa Clara County Municipal Courts in California for 20 years. Mr. Hyman speaks on current issues of domestic violence and its treatment in the courts. There is, of course, much in common and much to learn from the American experience.
This seminar examines enforcement of a foreign judgment based on submission to jurisdiction. It discusses the Privy Council decision in Vizcaya Partners Ltd v Picard & Anor  UKPC 5; the role of experts on foreign Law; and both the Foreign Judgments Act 1962 (Vic) and the Foreign Judgments Act 1991 (Cth).
This CPD is a panel session on matters of public examinations. The Panel, chaired by Michael Galvin QC, consists of Tim Luxton Deputy District Registrar, Federal Court Australia, Julian Hetyey, Judicial Registrar of the Commercial Court of the Supreme Court of Victoria, Rupert Burns, Deputy District Registrar of the Federal Court and barrister Dr. Oren Bigos.