Continuing Professional Education

CLE Online Seminar Descriptions

A Close Look at Deeds - ID 111
In all Australian jurisdictions legislation has altered the common law requirements for deeds executed by individuals. This seminar look at the relevant statutory provisions in New South Wales.

Author: Peter Walsh

A Fresh Look at Expert Witnesses - Including the Uniform Civil Procedure Amendments - ID 112
Part of this seminar will focus on the changes brought about the Uniform Civil Procedure Rules (Amendment No. 12) 2006. The object of the Rules is to change the existing rules dealing with the appointment and engagement of expert witnesses and replace the code of conduct for expert witnesses. The seminar will also look in general at the application of rules pertaining to expert witnesses.

Author: Mary Walker

A Review of Recurring Procedural & Evidentiary Issues in Civil Penalty Proceedings - ID 125
The institution of civil penalty proceedings by ASIC is the means by which ASIC can procure court orders to disqualify directors or company officers or fines against them arising from contravention of various ‘civil penalty provisions’ in the Corporations Act 2001 (Cth).

Author: Alister Abadee

An Introduction to Commonwealth Environment Protection Law - ID 85
The Environment Protection and Biodiversity Conservation Act 1999 (“the EPBC Act”) fundamentally changes the role of the commonwealth in environmental protection. It may play a role in many developments in NSW. It requires commonwealth assessment and approval for:
• matters the commonwealth considers are of national environmental significance, no matter who carries out the action.
• matters that take place on or affect commonwealth land or waters
• matters carried out by commonwealth agencies

This seminar will examine the Act and relevant case law.

Author: James Johnson

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) – Implications for the Insurance Industry - ID 100
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006 received Royal Assent on 12 December 2006. The AML/CTF Act will be implemented in stages over 24 months following Royal Assent with a 15 month amnesty to follow the commencement of each stage.

The matters contained in this paper are based on the AML/CTF Act and the draft rules released to date (AML/CTF Rules). A number of the rules have yet to be drafted or released by AUSTRAC.

Author: Alison Deitz

Appearing in the Coroner's Court - ID 70
This seminar addresses the essentials of preparing for an appearance in the Coroner’s Court. Few lawyers ever get involved in coronial proceedings on a regular bases, but when they have top, little is known about how to prepare. The objective of this seminar is to inform practitioners as to the key aspects of coronial inquests and how to proceed.

Author: Edson Pike, Wentworth Chambers

Aspects of Legal Professional Privilege ID-137
This paper looks at areas surrounding the doctrine of legal professional privilege, particularly the ‘legal advice' limb of the privilege, issues relating to the proof of privilege, the test of “dominant purpose”, and what inferences may be drawn from a claim of privilege.

Author: Nicholas Beaumont

Aspects of International Conventions and Justifications for IP - ID 66
This seminar deals with various types of intellectual property, and the history, policy, incentives behind each of the schemes.

Author: Mike Small, Barrister, Wentworth Chamber

Asset Protection - ID 113
Of interest to business lawyers, insolvency practitioners and anyone who needs to advise clients on business and financial planning matters, this practical seminar looks at a range of topical issues, including:

•  The family home and Cummins
•  Divorce – Who? Me?
•  Discretionary Trusts – a fresh look at Richstar
•  Division 4A of the Bankruptcy Act and trust busting
•  Superannuation – recent developments and the ideal structure for 2007-11-22
•  Undervalued transfers and transfers to defeat creditors

Basic Contract Drafting - ID 96
This seminar will look at the relevant rules of law and address:
- Obtaining instructions and ensuring the client’s intentions are reflected in the Contract
- Defining the Contract: content, structure and language
- Interpretation of the Contract: Rules of interpretation
- Use of Special Conditions, boilerplate clauses and precedents: Tips and traps

Authors: Luke Aiken and Glen Warwick, Deacons

Binding Financial Agreements – 7 Years on ID-135
The purpose of this paper is to track the changes that have occurred in the law relating to binding financial agreements, to which I will routinely refer by the vernacular ("BFA's").

Author: Chris Dimock

Capital Gains Tax and its Treatment in Family Law - ID 106
This seminar looks at several decisions of the Family Court of Australia in recent years in relation to the treatment in property cases of Capital Gains Tax ( CGT ) and realisation costs.

Civil Evidence - ID 76
The three key aspects of the Evidence Act are covered in this seminar: privileges, pre-trial notices, and admissions by agents and employees. Privileges has given rise to a very large number of decisions. Pre-trial notices is a subject that all litigators need to be on top of, as it is a fundamental aspect of pre-trial preparation. We will no doubt see “admissions by agents and employees” get more use in the future than it has to date.

Author: Neil Williams SC, Selborne Chambers

Contingent Claims - ID 123
In general terms, contingent claims consist of those creditors’ claims which are uncertain. They have the propensity to upset the otherwise orderly applecart of a well-run, and possibly predictable, voluntary administration or winding up. As discussed in this paper, the manner in which a contingent claim is treated can decide the ultimate fate of a company which is placed in voluntary administration.

Author: John Warde

Climate Change Litigation: Environmental Impact Assessment Must Properly Address Greenhouse Gas Emissions - ID 104

The objective of this paper is to examine the extent to which environmental impact assessment in New South Wales is required to address greenhouse gas (GHG) emissions. To a significant degree, this paper is based on the decision of the New South Wales Land & Environment Court in Gray v The Minister for Planning & Others (the Anvil Hill case*).

The objectives of this Paper are:

•  to review the Anvill Hill decision, identifying what it actually stands for, and separating the facts from fiction;
•  to examine legislative and policy responses to that decision, especially in relation to the mining industry in New South Wales ; and
•  to comment on the broader potential application of that decision, and the very recent decision of the Minister for Planning to approve the project.

*[2006] NSW LEC 720

Author: Felicity Rourke

Drinking, Diving, Partying and Having Fun: Swings in the judicial treatment of liability for accidents - ID 88
The Civil Liability Act 2002 began a new era for personal injury lawyers, with fundamental changes to the common law of negligence in New South Wales.

This seminar looks at current issues in civil liability, with a focus on the changes in judicial attitude towards personal injury claims. The author deals in detail with recent cases involving diving, drinking, violent attacks and recreational activities.

Author: Andrew Stone, Sir James Martin Chambers

Economic Loss: Evolution since the NSW Statutory Reforms - ID 110
This paper discusses case trends in economic loss damages under the legislative prescriptions of the Motor Accidents Compensation Act 1999 and Civil Liability Act 2002.

Ethics and the National Profession - ID 91
This seminar looks at the topic of ethics in the context of the National Model Legal Profession Bill (NMB), reviews some specific cases and gives practical advice as to how to bring issues to the Ethics Committee of the NSW Law Society.

Author: Geoff Bourke, Solicitor and Lecturer

Fair Use and Foul Play - A Review of (Not so) Private Use Provisions of the Copyright Act 1968 ID-129
The main purpose of this paper is to introduce some of those rights that people have to use copyright material without being in breach. Some defences to copyright infringement include those contained in Divisions 3, 4, 4A, 4B and 5 of Part III of the Copyright Act (which relate to the defences applicable to works) and their equivalents relating to other subject matter in ss103A to 112E in Division 6 of Part IV. These will be addressed in some detail.
Author: Peter Knight

General Introduction to Corporations Law - ID 119
This paper deals primarily with Part 1.5 of the Corporations Act 2001. Part 1.5 – Small business guide of the Corporations Act 2001 summarises the main rules in the Corporations Act 2001 that apply to proprietary companies limited by shares - the most common type of company used by small business. If one is looking for a “quick-check” guide to what the law provides and where it may be found, the guide provides a good starting point, particularly for those who are finding their way around the law.

Author: Jenny Wily

Getting Paid in the Construction Industry - National Perspective - ID 121
This paper discusses the “Security of Payment” legislation in the Building and Construction Industry, with a focus on the existing legislation applicable in the Australian States and Territory. Given recent developments relating to the clash of State and Federal legislation, this area has been the subject of much legal scrutiny over the past few years.

Author: Keith Redenbach

GST for Business Lawyers ID-130
This paper discusses some key topics for lawyers who have to deal with GST in the context of business transactions. It is not intended to be a complete or exhaustive investigation of all of the GST issues that can arise, but a summary of some of the common GST issues that can be encountered by business lawyers on a day to day basis.

Author: Rhys Guild

Handling Commercial Disputes in Mergers and Acquisitions ID-127
This paper does not attempt to deal exhaustively with all the different types of M&A transactions and all the different types of dispute which can arise from them. Rather, the objective is to highlight a few of the more common and/or interesting examples.

Author: Luke Buchanan

Handling Commercial Disputes in Mergers and Acquisitions: The Avenues of Dispute ID-128
This paper looks at "commercial disputes" as a reference to disputes between commercial players (most typically, bidders, targets and shareholders) as opposed to regulatory disputes (ie those involving a regulator such as ASIC or the ACCC) and will concentrate on share acquisitions rather than asset sales, although it will briefly address the role of due diligence in asset and business sales.

Author: Karen Evans-Cullen

Impermissible Questions Asked in Records of Interview and by Prosecutors in Cross Examination ID-132
Police may ask questions as part of the investigative process. Whether those questions have in fact any basis to be introduced into evidence at trial is a different matter: For this reason records of interview should always be examined carefully, as they usually contain questions which are inadmissible in evidence at trial.

Authors: Paul Townsend and Lester Fernandez

Injunctions: A Practical Guide for Solicitors - ID 78
This seminar aims to provide a step by step guide to the considerations and matters to which solicitors must turn their minds for the preparation for injunctions and beyond. It comprises a practical overview of the more basic elements.

Author: Sophie Mason, St James Hall Chambers

Insolvency Issues for Family Lawyers ID-103
This paper primarily examines the impact of the legislative changes to the Family Law Act, concerning bankruptcy. The Bankruptcy and Family Law Legislation Amendment Act 2005 (the Amending Act) represents one of the most important legislative changes adopted by the Commonwealth Parliament to Family Law property law in the past 30 years or so.

Author: Neil Jackson

Insolvency Issues in the Construction Industry ID-120
The first part of this paper focuses on uncommercial transactions rather than unfair preferences, considers the relevant statutory framework applicable to uncommercial transactions and looks at some recent decisions in this area. The second part deals with Phoenix Companies, which are limited liability companies which house individuals who abuse the corporate form by dissolving one company and creating another company to avoid payment of a debt.

Presenters: Christopher Prestwich and Pouyan Afshar

Intellectual Property as Security - The Existing Arrangements and the Proposals for Reform ID-133
This paper looks at the proposed reforms to personal property securities. Certainly, some of the reforms will assist in rectifying omissions or conflicts in the existing legal regimes: the ability to register interests in copyright will be an important issue as will the resolution of the conflicts over priorities, and the question of constructive notice.

Author: Ian Betts

Introduction to Corporations Law - ID 94
This seminar is at an introductory level and will concentrate on the practical rather than more esoteric aspects of the Corporations Law. It will provide some practical tips and concentrate on the application of Corporations Law to proprietary companies.

Author: Roger Downs, Kells The Lawyers

Introduction to Patent Law - ID 114
The aim of this paper is to provide an overview of the following aspects of Australian patent law:
•  background to letters patent, including their public policy context and the form of and requirements for a complete patent specification
•  commencing proceedings for patent infringement
•  grounds for finding a patent invalid

Issues Associated with Copyright Protection and Enforcement - ID 105
This seminar looks at the problems with enforcing copyright in Australia , particularly for those in withy limited funds. It explores the unique problems associated with the Internet, and makes some practical suggestions that may assist copyright owners who cannot afford expensive technology and litigation.

Issues for Creditors of Insolvent Companies - ID 82
This seminar covers two items of interest for creditors of insolvent companies. It is in two parts.
Part A concerns unfair preferences and uncommercial transactions and how to minimise the risk of voidable transaction proceedings as an unsecured creditor.
Part B concerns the implications of a recent application by a shareholder of a company in administration who succeeded in obtaining a declaration that he was entitled to be treated as a creditor of that company.

Author: Della Stanley

Issues on the Definition of Insolvency - ID 65
This seminar examines the definition of insolvency. Every director has a duty to prevent insolvent trading  or be at risk of personal liability for the debts incurred. Voidable transactions such as uncommercial transactions, unfair preferences and unfair loans require the company to be or to become insolvent when the transaction was entered into by the company.

Author: John Burke, BDO Chartered Accountants & Advisers

Lease Options: Issues in Exercise and Forfeiture - ID 108
This seminar examines leases in an operational context, and the issues associated with forfeiture. It specifically addresses formal requirements for exercise; statutory notices; relief from forfeiture; and strategic considerations

Legal Profession Regulation - Special MCLE Requirement ID-97
To comply with the special MCLE requirement contained in the Legal Profession Regulation, a practitioner's continuing legal education must include a component relating to the management of the practice of law, which includes the issues prescribed under the regulation (Clause 142 of the 2002 Regulation, replaced by Section 176 of the 2005 Regulation). This component must be completed every 3 years.

Author: Dr Monica Hayes, Solicitor and Lecturer

Legal Remedies for Defamatory Attacks on Businesses ID-126
One consequence of the new uniform defamation legislation, is that from 1 January 2006 corporations cannot sue in defamation subject to a couple of limited exceptions for smaller companies and charities. As a result, larger businesses that are attacked – whether by competitors, interest groups or the media – have been deprived of an obvious remedy and are obliged to examine the alternatives if they wish to take steps to protect their reputations.

Author: Matthew Richardson

Liability of Directors and Persons Concerned in the Management of a Corporation - ID 117
This paper aims to provide an overview of Occupational Health and Safety legislation as it applies to the potential liability of directors and managers of corporations. In dealing with the various statutes and tests the author will highlight a range of differences in the approach of the States and Territories.

Author: Harry Dixon SC

Making Effective Bail Applications by Anthony Bellanto QC - ID 118
This paper addresses the key considerations practitioners should be aware of, and cover, when making applications for bail on behalf of their clients.

Parenting Proceedings in the Family Court - The Best Interests and Division 12A of Part VII - ID 124
This paper is designed to provide an overview for those who do not specialise in this area, or if they do, to hopefully, in its later stages, promote some debate as to the utility of Division 12A of Part VII of the Family Law Act (1975) Cth. (which deals with Children).

Author: Paul Sansom

Pitfalls of Medical Negligence Litigation - ID 83
In July 2001 the New South Wales government passed the Health Care Liability Act 2001 (NSW) (“HLA”) which contained provisions that limited the amount of damages payable in successful medical negligence claims.

The Civil Liability Act 2002 (NSW) (“CLA”) adopted the damages provision of the HLA and extended same to all areas of personal injury litigation.

The upshot of the tort reform is that small claims, i.e. those estimated under $100,000.00, are generally not pursued. Those small claims may satisfy liability and causation but are, on assessment, unlikely to reach sufficient levels of compensation to satisfy legal costs if the matters are pursued to hearing.

In our experience, there is an increasing trend by insurers to run matters to hearing, especially small matters. Those who gamble on settling a small claim, by way of mediation or out of court settlement, are frequently falling foul to the cost provisions as amended by the Legal Profession Act 1987 (NSW) (“LPA”).

It is the purpose of this seminar to provide other practitioners some insight and guidance in manoeuvring through this very complex area of litigation.

Author: Peter King


Professional Liability : New Developments and Overall Principles - ID 93
This seminar considers the liability of lawyers in four key areas: in contract; negligence; for misleading conduct under the Trade Practices Act 1974 (Cth); and in equity. The focus is on topical issues.

Author: Ben Zipser, Barrister, Selborne Chambers

Referral of De Facto Powers - Some Practical Implications - ID 107
The precise terms of the legislation that will implement state referral of de facto powers to the Commonwealth is not yet known. What is known, however, is that the Commonwealth aims to replicate for de facto spouses rights and obligations in relation to property adjustment and maintenance that are identical, or nearly identical, to those married spouses. This seminar seeks to identify the likely features of the legislation, and from there to identify the important practical implication that will flow, particularly in taking instructions from clients.

Author: Federal Magistrate Tom Altobelli

Retirement Villages Law Update ID-136
This paper will concentrate on matters that affect conveyancing practice and some of the key issues that arise in the consideration and explanation of retirement village contracts.

Author: Malcolm Gledhill

Review of Shared Parental Responsibility Legislation ID-134
The Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) introduced substantial change to the law implementing policies related to sharing parental responsibility. It involved a change to terminology and a change to the law which, in effect, attempted to change the ‘culture' of the way parenting decisions were made after separation.

Author: Barry Frakes

Running Complex Insurance Cases ID-139
This paper looks at the Commonwealth Insurance Contracts Act 1984 (ICA) which applies to contracts or proposed contracts of insurance entered into after 1 January 1986 the proper law of which is the law of a State or Territory to which this Act applies.

Author: Eva Elbourne

Shareholder Class Actions in Australia ID-102

This paper will look at the typical anatomy of a shareholder class action; the approach taken by Australian courts to shareholder class action; current issues including entitlement to sue, shareholders as creditors, definition of the class and costs in class action litigation; and the relationship between litigation funding and shareholder class actions.

Author: Jason Betts

Sentencing of Federal Offenders - ID 95
This seminar deals with the different sentencing regime that applies when a New South Wales Court is dealing with offenders who have breached Commonwealth laws. A familiarity with federal sentencing is becoming increasingly important in current times.

Author: Nathan Steel, Frederick Jordan Chambers

Testamentary Trusts as an Estate Planning Tool - ID 116
This seminar looks at the use of testamentary trusts in estate planning, how they are taxed and in what situations they are best applied.

Author: Robert Monahan

The Costs in Criminal Cases Act 1967 ID-131
The Costs in Criminal Cases Act was enacted in 1967. It is a cost provision which has application in all courts. It is not restricted to the Local Court. The Act says nothing about the awarding of costs to the Crown against an unsuccessful defendant. It is solely concerned with the awarding of costs to a successful defendant against the Crown.

This paper will cover these three questions:

• When can a certificate be granted?
• What must the Court be satisfied of in order to grant the certificate?
• What are the relevant facts that the court may rely on in considering whether it is so satisfied?

Author: Luke Brasch

The Home Building Act - ID 90
This seminar considers the position of the Home Building Act as the key piece of legislation for regulation of domestic building work in New South Wales. It looks at the background issues and influences, which might be seen to have affected and effected the shape of the regulatory regime. It also examines the role of the specialist tribunal ( CTTT ) which deals with building claims.

Author: Philip Bambagiotti, St James Hall Chambers

The Practicalities of Running a Trial: The Impact of the UCPR on the Preparation and Management of a Case ID-138
The Civil Procedure Act (“CPA”) and the Uniform Civil Procedure Rules (“UCPR”) have been in force since August 2005, a period of two and a half years to date. The purpose of this paper is to cover in a practical sense the steps which are taken by practitioners in the preparation and running of a trial with reference to the requirements of the Courts as laid down in the new Act and Rules.

Author: Hamish W. M. Stitt

The Role of the Solicitor at Trial - ID 16
This seminar explores the role of the solicitor by looking at:

• A general consideration of the many aspects of the role
• A consideration of the ethical and professional considerations attendant on being a solicitor at trial
• The need for pre-trial preparation
• The tasks which the solicitor must perform at trial
• The behavioural mannerisms of many solicitors at trial and what does/does not work.

Author: Tricia Hutton , Parry Carroll

Trade Practices: Misuse of Market Power - ID 89
This seminar is dedicated to the current use of Section 46 of the Trade Practices Act. This section prohibits corporations with market power for goods or services, taking advantage of that power for proscribed anti-competitive purposes. The objectives of s46 are to promote competition and The author looks at decided cases on the misuse of market power provisions in the Trade Practices Act and considers the future of s 46.

Author: Erica Taylor
Solicitor and former Trade Practices Analyst, CCH Australia Limited

Trade Practices Update for Business and Property Lawyers - ID 109
This paper is divided into three sections. First, areas of the Trade Practices Act (“Act”) with which most property practitioners need only have a general knowledge of the main issues. They are the restrictive trade practices sections which include; exclusionary provisions, substantial lessening of competition provisions, and exclusive dealing. Secondly, misleading and deceptive conduct which will primarily concern s52 and s53A of the Act. Thirdly, the unconscionable conduct provisions of the Act; s51AA, s51AB and s51AC.

The New Succession Act 2006 ID-99
This seminar looks at the New Succession Act of 2006, and will give an overview of the impact it will have on solicitors drafting wills. The key changes are highlighted and comparative table is included.

Author: John Heazlewood, Barrister, Lachlan Macquarie Chambers

Updates on case law and legislation relating to construction tendering and procurement - ID 115
This paper provides an overview of some of the recent cases that deal with tendering, procurement and contracting in a construction law context.

Authors: Scott Alden and Alyson Eather

Voluntary Administration - An Overview - ID 122
This paper aims to give a general overview of the procedures and effects of voluntary administration and highlight some proposed reforms to the process.

Author: Angela Martin