Showing 1–35 of 136 results
This session will focus on these recent High Court decisions and how it has affected the state of the law. What is the importance of the written contract? How useful is the multifactorial checklist that has guided the characterisation process the last few decades? How will these decisions affect the behaviour of employers and employees, including those in gig economies or using tripartite models? Where will the battle lines be drawn in future case? Senior counsel who appeared in these High Court cases, Mark Irving QC and Marc Felman S.C., will be sharing their insights while Jennifer Batrouney AM QC, counsel appearing in Dental Corporation Pty Ltd v Moffet  FCAFC 118, will be chairing the session and providing her own insights including how the characterisation issue intercepts with taxation law.
The cancellation of Novak Djokovic’s visa earlier this year has renewed interest in the visa cancellation regime – particularly the personal powers of the Minister for Home Affairs and decisions made in ‘immigration clearance’.
This session will offer analysis of the legal and practical issues surrounding these fascinating types of cancellations and provide tips on challenging them.
This CPD will assist those interested in taking on pro bono clients, or those new to the jurisdiction. The presenters will give an overview of the scheme and the Act, and the legal issues commonly involved in a dispute about access or about supports. They will also provide guidance on how you should present your case and issues you may encounter with evidence and expert witnesses.
This session will provide an overview of oppression remedies under s233 of the Corporations Act 2001 (Cth).
Aimed at both new and experienced practitioners, it will address:
In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:
This presentation will provide an update on recent cases and developments regarding various taxpayer privilege claims made against and challenged by the Commissioner of Taxation (Commissioner). Specifically, it will address:
This presentation will also address the recent High Court case of Deputy Commissioner of Taxation v Shi  HCA 22, dealing with the privilege against self-incrimination in the context of a requirement to disclose information to the Commissioner.
The intersection of family law, succession law and guardianship & administration can be complicated. With an increasing number of “blended” families and an aging population, this is something we may have to grapple with more frequently in the future as practitioners.
This seminar will present a ‘hypothetical’ which explores what can happen when a party to proceedings dies or becomes incapacitated, adult children get involved and there are proceedings in more than one jurisdiction.
Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.
Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability. The contours of these rules of attribution will be discussed.
On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.
Cryptocurrencies are becoming an increasingly common aspect of property settlement disputes. This session will explore common issues faced in a property settlement scenario where cryptocurrency exists, including disclosure (what to ask for / subpoena), tracing of transactions and valuation issues. The session will start with a basic introduction and assumes no prior cryptocurrency knowledge.
Australia’s economy is changing. Rapid advances in technology, social media, the new forms of work, and the start-up phenomenon, have all changed the way in which Australian business treats its intellectual property, trade secrets and know how. The protection of confidential information, and the detection of its misuse, is only going to assume increasing importance as these changes to our economy continue to evolve.
Breach of confidence claims can be fast paced, high stakes, and stressful for both plaintiff and defendant. They can be just as stressful for the legal advisers and the Court. The purpose of this session is to discuss the tips and traps for running a breach of confidence claim, and in particular, the initial stages of seeking interlocutory relief. The session will cover tips and traps from both the plaintiff and defendant perspective.
Deloitte’s Forensic Services team will explain the new software available to business to protect confidential information and detect its misuse – evidence will no longer be just about email searches, log in tracking and USB tracing.
At this session, our expert panel will talk about the new Federal Circuit and Family Court of Australia and address what we all need to know, including:
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.