Showing 1–35 of 64 results
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.
This seminar provides insight into dealing with self -represented litigants in commercial cases with a perspective from the bench and the bar and also look at the role of the Victorian Bar Pro Bono Scheme.
In this CPD, the panel will provide an update on global Artificial Intelligence trends, implications for the law, and impacts on legal practice and litigation
His Honour Judge Anthony Kelly of the Federal Circuit Court of Australia chairs a discussion with speakers Michael Galvin QC and Daniel Snyder hosted by the Victorian Bar and the Insolvency Section of the Commercial Bar Association.
In this CPD seminar introduced by Dr Matt Collins QC and chaired by Patrick O’Shannessy, the Honourable Chief Judge William Alstergren, Judge Grant Riethmuller, Judge Stewart and Judge Harland discuss the new Practice Direction and other Developments in the Federal Circuit Court.
Practice direction No. 2 of 2017 of the Federal Circuit Court of Australia, published on 7 December 2017, came into effect as of 1 January 2018.
In this Q&A Session Michael Rivette and Sarah Fregon discuss the amendments to the Privacy Act 1988 and Mandatory Data Breach Laws including Giller v Procopets (2008) 24 VR, governance and risk taking, mandatory data breach law changes effective 22nd February 2018, assessing risk, remedial action, categorisation of data breaches, practical management and social and legal responsibilities.
Albert Monichino QC: “Stay of Court Proceedings: Tales of the Chicken and the Egg”
Discussion of proper approach to be taken by a national court entertaining an application to stay a proceeding brought by a party that denies being bound by an arbitration agreement.
Martin Scott QC: “Arbitration: Be Alert but not Alarmed”
Is expert evidence required to prove that foreign law is the same as domestic law in an application to enforce an arbitral award? Removal of arbitrators and partial setting aside of arbitral awards.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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).
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.