Showing 1–35 of 125 results
Heads of Agreement, and other similar preliminary agreements, are entered into by parties who contemplate that a further, more formal, agreement will be signed. Yet lawyers are frequently in a dilemma as to whether Heads of Agreement are binding or not. Why is there a dilemma? Can any doubt be removed?
The decisions of the High Court in Federal Commissioner of Taxation v Travelex Limited  HCA 8 and the Full Federal Court in Commissioner of Taxation v Auctus Resources Pty Ltd  FCAFC 39 illustrate the complex relationship between the Taxation Administration Act 1953 and the Running Balance Account regime on the one hand, and the GST and the R&D tax incentive on the other, in circumstances where the Commissioner of Taxation paid amounts to a taxpayer that had no legal entitlement to the payment.
In this session, the speaker explains the decisions and its impacts with the discussion chaired by Helen Symon QC.
Questions concerning the role of proportionate liability in cutting across contractual obligations and liabilities have given rise to conflicting authorities in different jurisdictions.
This CPD session reviews the role of proportionate liability in civil litigation and the Court of Appeal judgment in the Lacrosse Appeals (Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T  VSCA 72) will also be discussed.
In this seminar the following points are discussed.
Mediation offers the best chance many family law litigants have to resolve their case on their own terms. Solicitors, Counsel and Mediators all have an important role to play in facilitating this process.
This is an opportunity to hear from two experienced barristers about how they approach mediations, from the perspective of counsel and mediator.
This seminar presents a great opportunity for all legal practitioners working in child protection to get up to speed with recent case law relevant to the jurisdiction, and to ask questions of some of the Counsel who appeared.
Sweeping changes to the Victorian EPA Act are proposed to commence on 1 July 2021. This session includes a brief overview of the changes, a brief consideration of transitional provisions and will focus one of the central changes to the Act being the introduction of a new environmental duty.
The session covers the new duty and explore the relationship with the overarching duties found in occupational health and safety legislation.
The first statements by Australian businesses under the Modern Slavery Act 2018 have just been made publicly available.
What role does such reporting play in curbing modern slavery? What role do civil and criminal courts have? How do the criminal law and health and safety laws apply? And where next? … What initiatives from overseas might Australia draw from? Could there be a duty to conduct human rights due diligence?
In this CPD, the speakers will outline current and potential future legal developments in tackling modern slavery in Australia from both a civil and criminal law perspective, drawing upon their experiences in key cases in the United Kingdom.
The Family Law Bar Association invites you to a conversation with Jess Hill, award winning investigative journalist and author of the 2020 Stella Prize winning ground-breaking, international best seller, “See What You Made Me Do”. Described by Helen Garner as “a shattering book: clear-headed, meticulous, driving always at the truth”, See What You Made Me Do is difficult and essential reading for all who practice family law.
Jess discusses her research, her findings and, most importantly, her views on how the family law system can be improved to better protect victims of domestic abuse. Come listen, learn and question – this book may change the way you practice.
The Full Federal Court’s recent decision in Commissioner of Taxation v Glencore Investment Pty Ltd v  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.
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.
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.
Following the recent judgment in Brown v The Queen  VSCA 212, Associate Professor Andrew Carroll and Dr Danny Sullivan discuss the forensic assessment of personality disorders and its relevance to sentencing.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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  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.
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.
This seminar will help lawyers who are prepared to help clients with migration law problems, but who may be new to migration law or administrative law in general, to understand the basics of running migration litigation.
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.
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.
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.
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:
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.
As solicitors and barristers, it is our duty to assist the members of the judiciary to carry out their judicial function. In carrying out that duty, we are subject to very important obligations imposed by the Civil Procedure Act 2010 and the Federal Court of Australia Act 1976. As the consumers of our advocacy services, who better to hear from on such an important topic than the judges.
This session will be focussed on practical measures that can be taken to avoid annoying the court and to ensure that proceedings run as smoothly and efficiently as possible.
The Full Federal Court in Burton v Commissioner of Taxation  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…
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?