Program

Personal Injuries

• 10:30 am - 11:15 am

  Personal injuries case law and legislation update Personal injuries case law and legislation update Review of the key cases and legislation affecting personal injuries over the past 12 months, particularly in the areas of: master/servant claims public liability and occupiers liability matters rehabilitation and liability decisions in matters falling under the Motor Accident Insurance Act 1994 Damages and the Civil Liability Act 2003 psychological injury and bullying cases host employers, contractors and liability to employees.

• 11:15 am - 12:00 pm

  Historic institutional sexual abuse claims: What NFPs and charities need to know Historic institutional sexual abuse claims: What NFPs and charities need to know This session reviews the current state of sexual abuse claims against institutions and what lawyers advising not for profits (NFPs) and charities should know, including: Federal Redress Scheme principles of vicarious liability between institutions, employees and agents grounds for setting aside earlier settlement agreements defences available to institutions based on prejudice, arising from passage of time such as loss of evidence, and difficulties identifying the defendant/changes to defendant institutions jurisdictional and threshold defences: degree of harm, events occurring out of state, physical abuse versus sexual abuse applicability of the Civil Liability Act 2003 to damages calculations direct personal response and pastoral resolution.

• 12:00 pm - 1:00 pm

  Lunch

• 1:00 pm - 1:45 pm

  Personal injuries deadlines and limitations Personal injuries deadlines and limitations Navigating key deadlines and limitations that apply to injured clients: what they are, how to protect them, when to navigate alternative paths, and how to extend them.

• 1:45 pm - 2:30 pm

  Changes to improve civil litigation: A personal injuries perspective Changes to improve civil litigation: A personal injuries perspective This session examines recent practice directions aimed at a better and more efficient approach to the management of litigation. The Supreme Court is aware that in many cases the real issues to be tried are not identified and narrowed until the eve of trial or during the trial. This comes at a great cost to parties and to the public. To better manage the cases litigated before it, the Court has introduced a number of practice directions aimed at a “just and expeditious resolution of the real issues in dispute at a minimum of expense”. This session will explore the requirements to: develop a document management protocol (a “document plan”) confer to resolve or narrow the issues in dispute summarise the “real” issue of a dispute record a short summary of the issues to be tried record the facts that are not in dispute develop a basic trial plan. The role of the Resolution Registrar and the Supervised Case List will also be addressed. The session will conclude with a brief review of the highly apposite Practice Direction 15 of 2018 – proceedings involving persons under a legal disability and the need for the Court to sanction a settlement.

• 2:30 pm - 3:00 pm

  Afternoon tea

• 3:00 pm - 4:00 pm

  Alternative pathways to compensation and support Alternative pathways to compensation and support The National Disability Insurance Scheme (NDIS) and National Injury Insurance Scheme (NIIS) are now well and truly permeating personal injury work, the numbers in each scheme ramping up substantially as we approach FY 2020. This session will give practical insight and guidance into dealings with the NDIA and NIIS Agency when a client is on, or applying for, these schemes. Another pathway for obtaining compensation and support, Total Permanent Disability cover associated with superannuation policies, is also becoming more common. The session also provides practical guidance and tips on the contractual and legislative frameworks relevant to this avenue.

Property

• 10:30 am - 11:15 am

  Tax issues associated with property transactions Tax issues associated with property transactions This session reviews the significant recent changes in taxation collected in association with property transactions. It also examines how the Australian Tax Office (ATO) is interpreting and implementing the changes, and gives guidance on how to manage in practice. Topics include: GST withholding regime – the ATO’s view, drafting tips when acting for developers and traps when acting for buyers foreign resident capital gains withholding tax CGT main residence exemption removed for foreign and temporary residents the ghost tax – annual vacancy charge on foreign owners of underutilised residential property stamp duty surcharge – Additional Foreign Acquirer Duty land tax absentee surcharge property owning trusts with non-resident beneficiaries New Zealand temporary residents.

• 11:15 am - 12:00 pm

  ‘Leases to pieces’ – enforcement procedures for breach of lease covenant ‘Leases to pieces’ – enforcement procedures for breach of lease covenant When leases are breached, options available to the parties are determined by various sources of law, many of which have been subject to reform in recent years. Misunderstandings persist for example on the effect of the late 2016 amendments to the Retail Shop Leases Act 1994. This session will cover the traps and pitfalls of breach enforcement. Topics will include: recent amendments to the Retail Shop Leases Act 1994 enforcement procedures and documentation Magistrates Court and Supreme Court jurisdictions insolvency, security and bond issues commercial realities, common objectives of landlords and tenants of commercial and retail premises – practical guidance commercial problem solving: example of Australian Retailers Association.

• 12:00 pm - 1:00 pm

  Lunch

• 1:00 pm - 1:45 pm

  Property law and legislation update Property law and legislation update Our presenters will review the recent key developments in property case law and legislation including: property law review body corporate legislative amendments: fire safety and cladding (QFES) latest body corporate adjudications relevant to practitioners.

• 1:45 pm - 2:30 pm

  The continued explosion of e-contracting The continued explosion of e-contracting Notwithstanding that use of e-technology has resulted in law firms becoming an unprecedented target of cyber criminals, its use in property law practice is set to increase. Successful property law practitioners must understand and leverage e-contracting appropriately. This session reviews the latest developments in e-contracting, the associated risks and how to handle them. Topics covered include: electronic signing options and how they work disclosure property transaction documents that can and cannot be executed electronically verification of identity (VOI) measures protection of VOI data issues arising when different modes of execution are used by the parties and how to manage firm internal policies and recommendations to clients.

• 2:30 pm - 3:00 pm

  Afternoon tea

• 3:00 pm - 4:00 pm

  Successfully handling change in property practice Successfully handling change in property practice “Change is the only constant in life” – Heraclitus. E-technology, cybercrime, Artificial Intelligence (AI), amassing regulations and responsibility for tax collection are just some of the challenges facing property law practices. Join a diverse panel from various areas of property law specialisation, as they review the disruptions and drivers, and how, with some success, their firms are responding. Delegates will learn about: firms that are successfully innovating through firm management and strategy the benefits of and how to implement systematisation, enhanced client service, and use of technology client-focused costing and delivery of legal services secure online portal for delivery of documents to/from clients, electronic signing, EFT/Direct Debit from Trust Account, cloud server and software, paperless office, self-supporting lawyers equipped with multi-screens, voice-to-text dictation/text drafting and integrated computer phones.

Succession

• 10:30 am - 11:15 am

  When estates and loans intersect When estates and loans intersect Join our presenters as they consider the implications in estate planning and administration, when dealing with loans including: how to draft the terms treatment in capital distribution forgiving assigning Div 7A inter-entity considerations tax treatment.

• 11:15 am - 12:00 pm

  Key updates – case and legislation Key updates – case and legislation Let our presenters guide you through this information packed session as they analyse the recent important decisions and legislation updates to help you keep on top of all the latest developments.

• 12:00 pm - 1:00 pm

  Lunch

• 1:00 pm - 1:45 pm

  A practical guide to estate administration and administration accounts A practical guide to estate administration and administration accounts The preparation of administration accounts is an essential aspect of the estate administration process. Using evolving administration accounts, delegates will follow an estate administration case study canvassing relevant issues including: the treatment of superannuation and life insurance paid to the estate class closing rules applying the benefit and burden of gifts appropriately classes of gifts the rateable application of gifts in payment of liabilities.

• 1:45 pm - 2:30 pm

  Top tips for will drafters Top tips for will drafters This session will provide guidance on the fundamentals of will-drafting, including the overall purpose of a will, important considerations when drafting, common errors to avoid and tips on best practice. The presenter will explore strategies and how to best draft a will and ancillary documents to achieve your client’s goals, including specific examples.

• 2:30 pm - 3:00 pm

  Afternoon tea

• 3:00 pm - 4:00 pm

  Elder abuse – how to respond Elder abuse – how to respond In this panel session, we will examine common problems arising when substitute decision makers (and lawyers?!) get it wrong. You will gain valuable insights, with reference to case studies, from representatives of the Queensland Civil and Administrative Tribunal (QCAT), the Office of the Public Guardian and solicitors that practise in this space. Expect to receive tips that will immediately help by providing advice and guidance about what to do in circumstances where elder abuse is present.

Core CPD

• 10:30 am - 11:15 am

  My cybersecurity plan of action and checklist My cybersecurity plan of action and checklist This session will provide you with practical hints and tips to help you mitigate the risks of a cyberattack as well as provide you with a checklist of what to do if you are attacked. This session will include: a brief overview of the developments in this space including the four main types of attacks small to mid-sized firms should be aware of prevention strategies, including best practice password creation, best practice internet usage – e.g. what should I not click on and open, how to select workable policies and how to put together a small scale cyber improvement project using external consultants without breaking the bank mitigation strategies including how to prepare a mandatory breach response and data breach response plan, and QLS resources available to members disclosure requirements e.g. who do I need to contact when a breach occurs?

• 11:15 am - 12:00 pm

  Legal project management for small practices Legal project management for small practices How do you accurately identify the scope of your retainer and manage the services the client has retained you for? This session will consider what a solicitor needs to do to ensure that the client understands the extent of the legal services provided, what will not be provided, how costs are to be communicated and the importance of a written record of the work to be undertaken.

• 12:00 pm - 1:00 pm

  Lunch

• 1:00 pm - 1:45 pm

  Cultural awareness training: How to achieve the best results for your First Nations clients Cultural awareness training: How to achieve the best results for your First Nations clients This session will provide practitioners with practical tips and advice on how to better serve their First Nations clients and achieve the best outcomes for them. Hear from a panel of experienced practitioners from the criminal, family, personal injuries and advocacy sectors as they provide practical tips on the do’s, don’ts and how-to’s of: your initial meeting taking instructions noting body language understanding your client’s needs working with your client to achieve the best result. This session is essential for practitioners working with First Nations clients.

• 1:45 pm - 2:30 pm

  Dealing with clients in emotionally charged situations Dealing with clients in emotionally charged situations Have you experienced difficulty communicating with emotional clients? Neuroscience informs us how and why clients in certain, usually high stress situations, may experience impaired mental functioning. This session breaks down the science and provides practical skills and tips to help identify emotional clients and revolutionise the way practitioners relate to and communicate with their clients including: insights from neuroscience into the effects of high conflict situations de-escalating situations managing third party expectations in the interest of your client how to achieve this: practical skills and tips including appropriate language mindfulness and wellbeing for lawyers. This session is beneficial for practitioners across all practice areas.

• 2:30 pm - 3:00 pm

  Afternoon tea

• 3:00 pm - 4:00 pm

  Ethical challenges in an evolving legal landscape Ethical challenges in an evolving legal landscape The ethical fundamentals do not change but some of the dilemmas facing practitioners in an evolving and challenging legal landscape may do so. In this session, we consider: dealing with self-represented litigants particularly in view of the recent High Court decision of Nobarani v Mariconte [2018] HCA 36 the discrete delivery of legal services client screening and intake.