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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  1 VR 561.
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.
Discussion: Victorian Legal Services Board and Commissioner Fiona McLeay & Dr Matthew Collins AM QC, President of the Bar
The seminar will discuss the following topics:
Commissioner of State Revenue v Placer Dome Inc  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.
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.
THE IMPLICATIONS OF TECH MAHINDRA LIMITED v CoT and
SATYAM COMPUTER SERVICES LIMITED v CoT
It 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.
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.
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.
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.
The Annual Industrial Law Update CPD took place on 15 October 2018 discussed:
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.
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.
The High Court handed down its decision in the case of the Federal Commissioner of Taxation v Thomas  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.
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.
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.
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:
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.
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).
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.
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.
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
The Full Federal Court recently handed down a 2-1 decision in Ellison v Sandini Pty Ltd  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.
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.
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.
His Honour Magistrate Brian Wright speaks to his paper regarding the most important principles, legislation and case law in the area of workers compensation.
In this seminar, Guy Gilbert, Georgina Costello and Julia Lucas speak on the issue of procedural fairness, and the provision of adverse information under the Migration Act 1958 (Cth).
Holding a person criminally responsible for acts they didn’t do themselves pushes the boundaries of just punishment. The landmark case of R v Jogee saw the UK Supreme Court overturn 30 years of precedent on extended criminal liability.
Join Felicity Gerry QC, who led the defence team in Jogee, as she discusses the consequences of this judgment in Australia, Hong Kong, the European Court of Human Rights and the International Criminal Tribunal for Yugoslavia.