Substantive Law
Showing 71–105 of 145 results
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The implications of the High Court decision in Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59 (5 December 2018)
$77.00
The implications of the High Court decision in Commissioner of State Revenue v Placer Dome Inc [2018] HCA 59 (5 December 2018)
Commissioner of State Revenue v Placer Dome Inc [2018] 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.
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Apprehended Bias – To Recuse or Not to Recuse? A Panel Discussion
$77.00
Apprehended Bias – To Recuse or Not to Recuse? A Panel Discussion
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.
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Double Tax Agreements: A Shield or a Sword
$77.00Double Tax Agreements: A Shield or a Sword
THE IMPLICATIONS OF TECH MAHINDRA LIMITED v CoT and
SATYAM COMPUTER SERVICES LIMITED v CoTIt 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.
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Substantive Law, Ethics and Professional Responsibility, Professional Skills, Practice Management and Business SkillsPro Bono Barrister Court Referral Scheme: Launch of the new protocol with County Court
$77.00
Pro Bono Barrister Court Referral Scheme: Launch of the new protocol with County Court
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.
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Cross-Border Insolvency: The Model Law In Australia And The Asia Pacific
$77.00Cross-Border Insolvency: The Model Law In Australia And The Asia Pacific
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.
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IBAC Report: Audit Of Victoria Police’s Oversight Of Serious Incidents
$77.00IBAC Report: Audit Of Victoria Police’s Oversight Of Serious Incidents
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.
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Annual Industrial Law Update CPD
$77.00Annual Industrial Law Update CPD
The Annual Industrial Law Update CPD took place on 15 October 2018 discussed:
- Issues in coercion claims under Part 3-1 of the Fair Work Act
- Pleadings in claims under Part 3-1 of the Fair Work Act
- The implications of the recent Full Court decision in One Key Workforce Pty Ltd v CFMEU
- Accessorial liability in employment and industrial law
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Loss and Damage – When is it to be assessed and when does it arise?
$77.00Loss and Damage – When is it to be assessed and when does it arise?
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.
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Restitution and Account of Profits for Misleading and Deceptive Conduct Under the Australian Consumer Law
$77.00Restitution and Account of Profits for Misleading and Deceptive Conduct Under the Australian Consumer Law
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.
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Thomas – Binding the Commissioner
$77.00Thomas – Binding the Commissioner
The High Court handed down its decision in the case of the Federal Commissioner of Taxation v Thomas [2018] 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.
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Hart v Commissioner of Taxation
$77.00Hart v Commissioner of Taxation
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.
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Internationalisation of Directors’ Duties
$77.00Internationalisation of Directors’ Duties
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.
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Commissioners Powers to Obtain Information Under s 353-10
$77.00Commissioners Powers to Obtain Information Under s 353-10
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:
- areas of focus for the ATO and tips for advisers/taxpayers
- what is a reasonable search effort in a digital environment, including where documents might be located offshore
- claims for legal professional privilege
- challenges to the form of s 353-10 notices
- consequences for failure to comply.
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Regulators’ Update: Priorities and Approach to Civil Penalties
$77.00Regulators’ Update: Priorities and Approach to Civil Penalties
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.
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Leave to Appeal Under Section 148 of the VCAT Act
$77.00Leave to Appeal Under Section 148 of the VCAT Act
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).
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FREE ACCESS – Indigenous Incarceration Rates in Australia: Pathways to Reform
FREE ACCESS – Indigenous Incarceration Rates in Australia: Pathways to Reform
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.
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Guarantees Overview And Current Issues Of Enforcement
$77.00Guarantees Overview And Current Issues Of Enforcement
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.
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Recent Corporate Insolvency Reforms: Safe Harbour And Ipso Facto Clauses
$77.00Recent Corporate Insolvency Reforms: Safe Harbour And Ipso Facto Clauses
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 -
First Hand Hearsay
$77.00First Hand Hearsay
In this seminar Jason Harkess outlines and explains what qualifies as “first-hand” hearsay for the purposes of Division 2 of Part 3.2 of the Evidence Act 2008 (Vic).
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The Full Court Decision In Sandini: Tax Implications for Family Law Disputes & Rollover Provisions
$77.00The Full Court Decision In Sandini: Tax Implications for Family Law Disputes & Rollover Provisions
The Full Federal Court recently handed down a 2-1 decision in Ellison v Sandini Pty Ltd [2018] 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.
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Q&A Session with Fiona Cameron & Michael Bearman – Tax Implications in Judgments & Settlements
$77.00Q&A Session with Fiona Cameron & Michael Bearman – Tax Implications in Judgments & Settlements
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.
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What is Hearsay?
$77.00What is Hearsay?
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.
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Workers Compensation – An Introduction/Refresher
$77.00Workers Compensation – An Introduction/Refresher
His Honour Magistrate Brian Wright speaks to his paper regarding the most important principles, legislation and case law in the area of workers compensation.
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Migration Law Update: Procedural Fairness and Adverse Information under the Migration Act 1958 (Cth)
$77.00Migration Law Update: Procedural Fairness and Adverse Information under the Migration Act 1958 (Cth)
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).
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Accessorial Liability in National & International Courts after ‘Jogee’
$77.00Accessorial Liability in National & International Courts after ‘Jogee’
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.
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Dealing with Self-Represented Litigants in Commercial Cases
$77.00Dealing with Self-Represented Litigants in Commercial Cases
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.
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Artificial Intelligence: Legal Issues and Litigation – Overview
$77.00Artificial Intelligence: Legal Issues and Litigation – Overview
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
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Remedies for Antecedent Transactions In Insolvency
$77.00Remedies for Antecedent Transactions In Insolvency
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.
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Interim Family Law Proceedings: Federal Circuit Court – Practice Direction No. 2 of 2017
$77.00Interim Family Law Proceedings: Federal Circuit Court – Practice Direction No. 2 of 2017
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.
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NEW Q&A Session with Michael Rivette – Mandatory Data Breach Notification Laws
$77.00NEW Q&A Session with Michael Rivette – Mandatory Data Breach Notification Laws
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.
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Recent Issues in International Arbitration
$77.00Recent Issues in International Arbitration
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. -
Codelfa and Ambiguity: Adducing Extrinsic Evidence in Aid of Contractual Interpretation
$77.00Codelfa and Ambiguity: Adducing Extrinsic Evidence in Aid of Contractual Interpretation
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.
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An ATO Registry of Trusts and Trust Assets
$77.00An ATO Registry of Trusts and Trust Assets
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.
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Current Sentencing Practices post-Dalgliesh
$77.00Current Sentencing Practices post-Dalgliesh
The recent decision of DPP v Dalgliesh [2017] 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.
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The Harman Obligation: Policy, Procedure and Punishment
$77.00The Harman Obligation: Policy, Procedure and Punishment
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.