Substantive Law
Showing 36–70 of 145 results
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Early Neutral Evaluation in the County Court
$77.00
Early Neutral Evaluation in the County Court
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.
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A guide to recent significant changes in Commonwealth sentencing
$77.00A guide to recent significant changes in Commonwealth sentencing
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.
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Overview of AFCA and its role in the post-Royal Commission world
$77.00Overview of AFCA and its role in the post-Royal Commission world
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.
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Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)
$77.00Workplace Manslaughter – The new offence under the Occupational Health and Safety Act 2004 (‘OHS Act’)
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.
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National Reconciliation Week – Recent legal developments impacting Aboriginal clients
$77.00National Reconciliation Week – Recent legal developments impacting Aboriginal clients
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.
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Courts, Contracts & COVID-19
$77.00Courts, Contracts & COVID-19
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.
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Effective advocacy in s32C (Confidential Communications) applications
$0.00Effective advocacy in s32C (Confidential Communications) applications
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.
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BHP Billiton Limited v Commissioner of Taxation – “Sufficient Influence in Commercial Dealings” – the High Court rules on the associate definition in s 318 ITAA 1936
$77.00BHP Billiton Limited v Commissioner of Taxation – “Sufficient Influence in Commercial Dealings” – the High Court rules on the associate definition in s 318 ITAA 1936
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.
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New Child Sex Offence Legislation (NSW) and the Tendency Law Debate
$77.00New Child Sex Offence Legislation (NSW) and the Tendency Law Debate
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.
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Make No Mistake? The Michael Hayes Case
$77.00Make No Mistake? The Michael Hayes Case
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 [2019] 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.
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Migration Law for Criminal Lawyers
$77.00Migration Law for Criminal Lawyers
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.
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The Nuts and Bolts of Running a Migration Judicial Review Case in Court
$77.00The Nuts and Bolts of Running a Migration Judicial Review Case in Court
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.
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Holding the Exercise of Public Power by Private Entities to Account
$77.00Holding the Exercise of Public Power by Private Entities to Account
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.
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DNA 2019 and Beyond
$77.00
DNA 2019 and Beyond
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.
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Nothing to write home about: Australia the defamation capital of the world
$77.00Nothing to write home about: Australia the defamation capital of the world
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.
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Ad Astra Per Aspera – Getting legislation through a Republican dominated Legislature while serving in the Democratic minority
$77.00Ad Astra Per Aspera – Getting legislation through a Republican dominated Legislature while serving in the Democratic minority
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:
- SB 77 – An Act Prohibiting the Practice of Racial Profiling
- “Scruffy’s Law” – It’s all in the Name
- SB 123 – Rehabilitation instead of Incarceration
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Tax Issues in Family Law Proceedings – you can run but you can’t hide
$77.00Tax Issues in Family Law Proceedings – you can run but you can’t hide
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.
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Keep an eye on the trial – Practical measures to ensure your case runs smoothly in court
$77.00Keep an eye on the trial – Practical measures to ensure your case runs smoothly in court
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.
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When is a taxpayer subject to ‘double taxation’?: The Full Court’s decision in Burton v Commissioner of Taxation [2019] FCAFC 141
$77.00When is a taxpayer subject to ‘double taxation’?: The Full Court’s decision in Burton v Commissioner of Taxation [2019] FCAFC 141
The Full Federal Court in Burton v Commissioner of Taxation [2019] 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…
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The rule in Browne v Dunn: ‘What?’, ‘Why?’, ‘Who?’ and ‘How?’
$77.00The rule in Browne v Dunn: ‘What?’, ‘Why?’, ‘Who?’ and ‘How?’
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?
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Transfer pricing recalibrated: Glencore Investment Pty Ltd v Commissioner of Taxation [2019] FCA 1432
$77.00Transfer pricing recalibrated: Glencore Investment Pty Ltd v Commissioner of Taxation [2019] FCA 1432
The Federal Court’s recent decision in Glencore Investment Pty Ltd v Commissioner of Taxation [2019] FCA 1432 has significant implications for the operation of the Australian transfer pricing regimes, including with respect to the arm’s length principle, the restructuring of transactions, the role of expert…
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Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals
$77.00Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals
The High Court’s decision Burns v Corbett significantly narrowed the jurisdiction of State tribunals. The High Court held that the Australian Constitution precludes a State tribunal, in this case the New South Wales Civil and Administrative Tribunal, that is not a ‘court of a State’…
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Glencore International AG v Commissioner of Taxation [2019] HCA 26-So where are we now with privilege?
$77.00Glencore International AG v Commissioner of Taxation [2019] HCA 26-So where are we now with privilege?
The seminar will include a discussion on the High Court’s decision in the context of recent developments and the implications this has on taxpayers’ rights in dealings with the ATO.
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A symposium on discrimination law: insights and recent developments
$77.00A symposium on discrimination law: insights and recent developments
Discrimination claims are now brought through various means, including representative proceedings; in a variety of contexts; and in various forums. This CPD seminar will address recent developments in discrimination law and insights from the Federal Court, the Victorian Equal Opportunity and Human Rights Commission and…
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R&D Tax Incentives: the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia [2019] FCAFC 120
$77.00R&D Tax Incentives: the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia [2019] FCAFC 120
In this CPD, speakers Andrew Broadfoot QC and Andrew Bailey discuss the Full Court’s decision in Moreton Resources Ltd v Innovation and Science Australia [2019] FCAFC 120. It has significant implications for the application of the R&D tax offset and, particularly, has removed an interpretative…
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The final word on the application of the statutory priority regime to insolvent corporate trustees: The High Court decision in Re Amerind
$77.00The final word on the application of the statutory priority regime to insolvent corporate trustees: The High Court decision in Re Amerind
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 [1983] 1 VR 561.
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Recent Developments in Enterprise Agreement Making and Judicial Review
$77.00Recent Developments in Enterprise Agreement Making and Judicial Review
In recent times a substantial body of law has developed, in the Fair Work Commission, as to the requirements for making and approving enterprise agreements; and in the Courts, as to the availability of judicial review of decisions of the Commission. This seminar considers recent…
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Blockchain, Cryptocurrencies and the Law: Early Cases and Regulatory Trends
$77.00Blockchain, Cryptocurrencies and the Law: Early Cases and Regulatory Trends
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.
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FREE ACCESS – Victorian Legal Services Board and Commissioner: Future of the Profession – initiatives and insight
FREE ACCESS – Victorian Legal Services Board and Commissioner: Future of the Profession – initiatives and insight
Discussion: Victorian Legal Services Board and Commissioner Fiona McLeay & Dr Matthew Collins AM QC, President of the Bar
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DNA Reports
$77.00DNA Reports
Dr Durdle is a forensics expert who specialises in the recovery of DNA evidence from major crime scenes. Her thesis was on the common blowflies’ ability to move full DNA profiles between locations after ingesting human blood or semen, and has revolutionised certain aspects of forensic…
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Liquidator and Administrator Remuneration: A Changing Landscape, Recent Developments and Practical Discussion
$77.00Liquidator and Administrator Remuneration: A Changing Landscape, Recent Developments and Practical Discussion
This seminar will provide a practical overview of the changes to the approval of liquidators’ and administrators’ remuneration with a particular focus on recent trends and developments for practitioners currently practising in insolvency and those wishing to practise in this area of the law. Practitioners…
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The Full Federal Court judgment in Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51
$77.00The Full Federal Court judgment in Commissioner of Taxation v Resource Capital Fund IV LP [2019] FCAFC 51
A five-member bench of the Full Federal Court has unanimously overturned the first instance decision in Commissioner of Taxation v Resource Capital Fund IV LP [2018] FCA 18. This judgment will have significant implications for the classification of legal entities for tax purposes, entitlement to…
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Introduction to Migration Character Cases in the AAT
$77.00Introduction to Migration Character Cases in the AAT
This CPD seminar will provide attendees with an introduction to running visa cancellation matters on the basis of character grounds in the Administrative Appeals Tribunal. It will include an overview of relevant law, processes and practical tips.
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Class actions and third party litigation funders – what’s next after the ALRC final report?
$77.00Class actions and third party litigation funders – what’s next after the ALRC final report?
This seminar will address the Australian Law Reform Commission’s recent report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, including the ALRC’s recommendations with respect to the regulation of third-party litigation funding in class actions, the case management of class…
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Overlap between Criminal & Immigration Law
$77.00Overlap between Criminal & Immigration Law
The seminar will discuss the following topics:
- The difference between various visas, permanent residency and citizenship;
- How someone can be deported, their appeal rights and ministerial discretion;
- Criminal justice visas; and
- Sentence Prisoners electing to be deported early