QLS Symposium 2014 - Program

DVD Program
Stay ahead >> 2014
21– 22 March 2014
Brisbane Convention & Exhibition Centre
Major sponsor
Silver sponsor
Brisbane BMW
Bronze sponsor
Program – Day 1
Disc 1
1hr 47min
Welcome
Ian Brown, President, Queensland Law Society and Accredited Specialist (Personal Injuries) – Qld
Chief Justice’s Address
The Honourable Paul de Jersey AC, Chief Justice of Queensland
Opening plenary: Riding the storm – perspectives
on taking a legal practice through tough times
Reflecting on the current legal market for practitioners from all firm sizes, Symposium presents a series
of three perspectives on how to take a legal practice through tough times. Dr George Beaton will set
the scene with relevant market data, then our presenters will describe three approaches:
1. Proudly Australian and full service: a view from a managing partner of a mid-tier firm.
2. Global, nimble and niche: a view from a managing partner of a specialist ILP.
3. Local, specialist and personal: a view from a managing partner of a specialist firm with only one area of practice.
Dr Beaton will finish the session with a summary of the success factors from each of these perspectives
and insights into emerging trends for successful, sustainable practice.
Presenters: Bruce Humphrys, Managing Partner, HopgoodGanim
Glenn Vassallo, Managing Director, GRT Lawyers
Deborah Awyzio, Principal, DA Family Lawyers and Accredited Specialist (Family Law)
Chair: Dr George Beaton, Executive Chairman, Beaton Research + Consulting
Family
Disc 2
1hr 29min
What’s new in family law: recent case law update
Providing practitioners with a comprehensive overview of recent family law cases, this session will include a discussion
of the main principles arising out of those cases, as well as an explanation of the practical implications for you.
Presenter: The Honourable Justice Peter Murphy, Family Court of Australia
Chair: Sarah Minnery, Barrister, Queensland Bar and Accredited Specialist (Family Law)
Snapshot view of tax pitfalls when drafting
Focusing on capital gains tax and general tax issues, Scott will identify and explore examples
of the tax considerations to be made by family lawyers when drafting court orders.
Presenter: Scott Hay-Bartlem, Partner, Cooper Grace Ward Lawyers
Chair: Sarah Minnery, Barrister, Queensland Bar and Accredited Specialist (Family Law)
Business
Disc 3
47min
Case law update
This session will provide you with the latest business law judgments that impact your practice.
Presenter: Jeffrey Goldberger, Special Counsel, Ashurst
Chair: Toby Boys, Partner, Holding Redlich and Accredited Specialist (Commercial Litigation) – Qld
2 | Queensland Law Society Symposium 2014 | Program Day 1
Core CPD
Disc 4
1hr 21min
Professional standards: insights from across the professions
What can the legal profession learn from other professions in relation to developing
excellence in professional standards? Drawing on his past experience in financial
services, his own academic research and his current role, Dr Deen Sanders discusses:
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the role of the professions in consumer protection
the rational consumer myth
personal, practice and corporate professionalism
the role of continuing education and whether ethics can be taught
effective mechanisms to improve professional standards.
Presenter: Dr Deen Sanders, Chief Executive Officer, Office of the Professional Standards Councils
Chair:Michael Fitzgerald, Deputy President, Queensland Law Society and Consultant, Ashurst
Civility and professional courtesy
This session explores the importance of civility and courtesy in legal practice,
and the standards expected of the profession.
Presenter: The Honourable Justice Philip McMurdo, Supreme Court of Queensland
Chair:Michael Fitzgerald, Deputy President, Queensland Law Society and Consultant, Ashurst
Family
Disc 5
1hr 19min
One size doesn’t fit all – age group specific approaches to parenting arrangements
The aim of this session is to provide delegates with an overview of the relevant considerations you need to make
for the different age groups of children, including the common issues associated with children from each age group.
The presentation will also examine which factors under section 60CC of the Family Law Act 1975 are prominent
in determining a child’s best interests, when taking into account the age group of the child.
Presenter: His Honour Judge Kevin Lapthorn, Federal Circuit Court of Australia
Chair: Adam Cooper, Principal, Cooper Family Law
Family law claims waiting to happen – PPSA
The Personal Property Securities Act 2009 (PPSA) affects all dealings relating to personal property.
It is fundamental for family lawyers to be aware of the impact of the PPSA in considering competing
interests in personal property, and what must be done to ensure clear title for clients.
This session will provide you with:
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an overview of the PPSA
examples to highlight the impact of the PPSA on individuals, businesses, structures
and settlements (such as security, hiring and asset protection structures)
an explanation of the risks associated with ignoring the PPSA
ideas and strategies to help you protect your client’s assets or monies owed to them,
as well as obtain security for your work over assets of your client.
Presenter: Paul Agnew, Principal (Commercial, Banking & Finance), McKays Solicitors
Chair: Jennifer Hetherington, Principal (Family Law), McKays Solicitors and Accredited Specialist (Family Law)
Property
Disc 6
1hr 31min
Case law, legislation and policy update
This session includes recent cases, policy and legislative changes and legislation currently being reviewed.
Relevant property cases in the areas of lease, mortgagee sales and receivership will be canvassed.
Presenters: Matt Dunn, Principal Policy Solicitor, Queensland Law Society
Julian Creagh, Solicitor, Wilson Lawyers
Chair: Warren Denny, K&L Gates and Accredited Specialist (Property Law) – Qld
3 | Queensland Law Society Symposium 2014 | Program Day 1
Core CPD
Disc 7
1hr 35min
Work small, look big: an introduction to outsourcing
Delegates will explore the benefits and methods of embracing legal process outsourcing
or business process outsourcing to leverage existing capabilities to drive new business,
reduce costs and increase margins. Specifically, this session will discuss:
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the practice challenges of limited capacity
the imperative of focusing on profitable, billable work
how LPO and BPO can absorb work flows
what can be outsourced
why outsourcing provides opportunities for smaller as well as larger practices.
Presenters: Mark Badger, Non-Executive Director, Strategic Business Alliance
David Durham, Legal Risk Counsel, Lexon Insurance
Dan Phelan, Ethics Solicitor, Queensland Law Society
Chair: Matthew Schlyder, Partner, FWO Chartered Accountants
Cloud computing: should you head into the clouds?
Focusing on the opportunities offered and risks associated with alternative
cloud computing options for legal practices, delegates will explore:
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characteristics of cloud computing
advantages
disadvantages, risks and ethical considerations.
Presenters: Nicole Murdoch, Senior Associate, Bennett & Philp
David Bowles, Ethics Solicitor, Queensland Law Society
David Durham, Legal Risk Counsel, Lexon Insurance
Scott Coulthart, Principal, LegalIT Lawyers
Chair: Matthew Schlyder, Partner, FWO Chartered Accountants
Family
Disc 8
48min
Masterclass: how to get the interim orders you want
This interactive session will equip you with the skills required to make successful interim applications.
It will consist of practical and relevant tips on how to prepare for an interim hearing, including how
to draft effective written submissions. The session will also provide you with tips on how to best
advocate your case in Court, including how to make persuasive oral submissions.
A case scenario will be used to demonstrate how those skills are applied in practice.
Facilitators: Her Honour Judge Anne Demack, Federal Circuit Court of Australia
Adam Cooper, Principal, Cooper Family Law
Anne-Marie Rice, Director, Rice Naughton Family Law and Accredited Specialist (Family Law)
Chair: Jennifer Hetherington, Principal (Family Law), McKays Solicitors and Accredited Specialist (Family Law)
Personal Injuries
Disc 9
54min
Disclosure requirements – PIPA, MAIA, WCRA and UCPR
This session highlights the difference between the disclosure requirements under four regimes:
MAIA, PIPA, WCRA and the UCPR. Other issues considered in the presentation include conferring
with witnesses, surveillance, preparation for trial, pre-trial applications and mediation.
Presenter: Richard Douglas QC, Barrister, Queensland Bar
Chair: Rachael Miller, Partner, Quinlan, Miller & Treston and Accredited Specialist (Personal Injuries) – Qld
4 | Queensland Law Society Symposium 2014 | Program Day 1
Business
Disc 10
1hr
The landscape of business restructures
In tough financial times, it is important for businesses to revisit their corporate plans and identify opportunities
for improvement. Ensuring the business – and its owners – are sale ready requires considerable planning and
input from a team of advisors. Giving you the tools to ensure you are an integral member of your client’s team,
this session will guide you through the latest in business restructures, including:
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managing tax and duty implications
constitutions – family companies
voluntary and involuntary exits
ensuring the business is properly structured and saleable
whether owners are mentally ready to sell
benefits of planning early and often
lessons from latest cases such as the Rinehart case.
Presenter: Peter McKnoulty, Consultant, McCullough Robertson
Chair: James Stokes, Legal Practice Director, Esource Legal and Accredited Specialist (Business Law) – Qld
Disc 11
42min
Debate: ‘A case without a barrister is never a winner’
Conducted in a classic debate format, our panellists will argue that ‘a case without a barrister is never a winner’.
AFFIRMATIVE
NEGATIVE
Thomas Lynch, Associate to
His Honour Judge A J Rafter SC
Kristin Ramsey, Associate Director, Hynes Legal
Bill Potts, Director, Potts Lawyers
Tedd Jordan, Barrister, Queensland Bar
Dr Jacoba Brasch, Barrister, Queensland Bar
Cate Heyworth Smith, Barrister, Queensland Bar
Moderator: Her Honour Judge Anne Demack, Federal Circuit Court of Australia
END OF DAY 1 RECORDED SESSIONS
5 | Queensland Law Society Symposium 2014 | Program Day 1
Program – Day 2
Disc 12
32min
Welcome
Ian Brown, President, Queensland Law Society and Accredited Specialist (Personal Injuries) – Qld
Address to the Profession
The Honourable Jarrod Bleijie MP, Attorney General and Minister for Justice
Succession
Disc 13
1hr 24min
Stream sponsored by
Enduring Powers of Attorney – not as simple as they seem
Taking a holistic approach, this session will provide you with an essential tool kit for:
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drafting Enduring Powers of Attorney
managing the interrelationship of an Enduring Power of Attorney and your
client’s entities such as trusts, companies and superannuation funds
advising attorneys of their rights and duties, including managing conflicts
of interest and their potential liability for compensation.
Presenter: Brian Herd, Partner, CRH Law
Chair: Kylie Costigan, Senior Associate, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld
Powers of Attorney – remedying losses in estates
Explore recent case law on badly behaved attorneys, the consequences
for the badly behaved and tips for minimising the damage, including:
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ademption of assets
compensation payable by attorneys.
Presenter: Jeneve Frizzo, Special Counsel, O’Connor Law and Accredited Specialist (Succession Law) – Qld
Chair: Kylie Costigan, Senior Associate, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld
Criminal
Disc 14
1hr 27min
Recent legislative reform: what you need to know
Highlighting recent legislative reform in criminal law, this session will provide
a practical overview of what those reforms mean for you in practice.
Presenter: Michael Byrne QC, Barrister, Queensland Bar
Chair: Adrian Braithwaite, Partner, Gilshenan and Luton and Accredited Specialist (Criminal Law) – Qld
Cybercrime: sex, hacks and trolls
With cybercrime on the rise, this session will explore the illegality of conduct over the internet involving
sexual offences, hacking, and trolling. The focus will be on examining law enforcement investigatory techniques,
the law as it applies, and considerations in the conduct of cases of this nature.
Scenario based examples will be used to illustrate the wide-reaching implications of cybercrime.
Presenter: Adrian Braithwaite, Partner, Gilshenan and Luton and Accredited Specialist (Criminal Law) – Qld
Chair: Julie Sharp, Barrister, Queensland Bar
6 | Queensland Law Society Symposium 2014 | Program Day 2
Business
Disc 15
1hr 28min
Personal Property Securities Act 2009 – practical insights for business lawyers
With specific focus on what amounts to a ‘security interest’ and what property is excluded under the Act,
this session considers the following practical areas relevant to the application of the PPSA:
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the impact of the end of the transitional period in January 2014
searches and registrations under the PPSA
lessons from the first decision under PPSA in the matter of Maiden Civil (P&E) Pty Ltd; Richard
Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors
v Queensland Excavation Services Pty Ltd & Ors [2013] NSWSC 852.
Presenter: Craig Wappett, Partner, Johnson Winter & Slattery Lawyers
Chair: Peter Mills, Special Counsel, Herbert Geer
Consumer and competition law update
This session provides an update on Australian consumer law, specifically the application
of provisions pertaining to unfair terms in contracts. Topics covered include:
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consumer guarantees and warranties
issuance of infringement notices
remedies and the nature of penalties
the ACCC experience.
Presenters: Michael Hodge, Barrister, Queensland Bar
Deb Mayal, Principal Lawyer – Enforcement & Compliance,
Australian Competition & Consumer Commission
Chair: Peter Mills, Special Counsel, Herbert Geer
Criminal
Disc 16
1hr 11min
Practice and procedure update
Exploration of new criminal law practice directions and the relevant implications for legal practitioners,
from a judicial perspective.
Presenters: His Honour Judge Brad Farr SC, District Court of Queensland
Deputy Chief Magistrate Orazio Rinaudo, Magistrates Court
Chair: Nick Dore, Partner, Fisher Dore Lawyers and Accredited Specialist (Criminal Law) – Qld
Coercive hearings
This presentation will provide you with an update on recent case law addressing the power of the
Crime and Misconduct Commission to compel people to attend hearings and give evidence, including:
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Crime and Misconduct Commission v WSX & EDC [2013] QCA 152
X7 v Australian Crime Commission & Anor [2013] HCA 29.
It will consider the application of the relevant legislative provisions and provide you with practical guidance
in protecting your clients’ interests.
Presenter: Nick Dore, Partner, Fisher Dore Lawyers and Accredited Specialist (Criminal Law) – Qld
Chair: Terry O’Gorman AM, Partner, Robertson O’Gorman Solicitors and Accredited Specialist
(Criminal Law) – Qld
7 | Queensland Law Society Symposium 2014 | Program Day 2
Business
Disc 17
1hr 28min
Franchising code review – the third review in 5 years
Alan Wein’s review of the Franchising Code of Conduct have prompted recommendations for reform.
Following the change of government in September 2013, this session will provide you with the latest
on the Franchising Code of Conduct amendments with a particular focus on the introduction of a definition
of good faith, penalties for non-compliance ($50k/infringement), infringement notices and changes to
restraint of trade provisions in franchise agreements.
Presenter: Derek Sutherland, Special Counsel, HWL Ebsworth
Chair: Tony Conaghan, Partner, Thomsons Lawyers
Case update: franchising
This session will provide you with the latest decisions in franchising and practical
tips for managing any impact on your clients.
Presenter: Janice Bywaters, Principal, Bywaters Timms Lawyers
Chair: Tony Conaghan, Partner, Thomsons Lawyers
Core CPD
Disc 18
58 min
Launch of new QLS Costs Guide: costs workshop
The new QLS Costs Guide has been developed as a practical, comprehensive resource for members to
use in managing their costs communications with clients. In this session, Stafford Shepherd and two of the
guide’s principal authors will use the guide as the basis for a workshop discussing costs disclosure, the duty
of ongoing disclosure, recovery of costs and the overriding principle that costs must be fair and reasonable.
Presenters: Associate Professor Sheryl Jackson, Faculty of Law, Queensland University of Technology
Ruth Chowdhury, Court Appointed Costs Assessor, Queensland Costs Assessment
Stafford Shepherd, Senior Ethics Solicitor, Queensland Law Society
Chair: Noela L’Estrange, CEO, Queensland Law Society
Tools and techniques for discussing costs with clients
All conversations about costs have the potential to be difficult, but what you do and how you
do it influences how difficult. This session discusses, and provides simple tools in relation to:
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why spoken communication works
setting and management of expectations
things that are said and unsaid
limitation of ‘surprises’
limitation of fall-out where problems arise.
Presenter: Dr Peter Lynch, Director, dci lyncon
Chair: Noela L’Estrange, CEO, Queensland Law Society
Succession
Disc 19
54min
Stream sponsored by
Know your duties when you’re on the spot
Through critical analysis of recent case law, this session will provide you with a summary
of your key responsibilities in advising clients including settling the scope of your retainer,
preparing informal handwritten wills and your duty to advise your client.
Presenters: Michele Sheehan, Principal Solicitor, Sheehan & Co Solicitors and
Accredited Specialist (Succession Law) – Qld and Accredited Specialist (Family Law)
Christine Smyth, Partner, Robbins Watson Solicitors and
Accredited Specialist (Succession Law) – Qld
8 | Queensland Law Society Symposium 2014 | Program Day 2
Criminal
Disc 20
57min
Ethical dilemmas for criminal lawyers
With a range of experienced practitioners on the panel, this is your opportunity to share your experiences
and to seek guidance on the appropriate way to manage challenging situations in this unique area of the law.
Panellists: His Honour Judge Ian Dearden, District Court of Queensland
Terry O’Gorman AM, Partner, Robertson O’Gorman Solicitors and
Accredited Specialist (Criminal Law) – Qld
Penny White, Partner, Peter Shields Lawyers and Accredited Specialist (Criminal Law) – Qld
Chair: Julie Sharp, Barrister, Queensland Bar
Commercial Litigation/ADR
Disc 21
36min
Crossing the line: when to step up and when to step back
With war stories and practical guidance, this session will help you ensure that you know
when to take a step back from your matters and when to hand the file on.
Presenter: His Honour Judge David Searles, District Court of Queensland
Chair: Disc 22
1hr 4min
The Honourable Justice David Thomas, Supreme Court of Queensland
Closing plenary: Surviving the perfect storm – where to from here?
Regular media reports confirm that the legal profession is currently navigating the toughest
economic conditions seen for some time, with one organisation calling it a ‘perfect storm’.
With credentials as an economist, businessman and politician, our special guest Dr John Hewson*
will offer his insights on what the future holds for legal practices in terms of Australian economic
and business outlook, particularly under the newly elected Liberal government.
Presenter: Dr John Hewson*
Chair: Ian Brown, President, Queensland Law Society and Accredited Specialist (Personal Injuries) – Qld
END OF DAY 2 RECORDED SESSIONS
Dr John Hewson appears via arrangement with Saxton Speakers Bureau
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9 | Queensland Law Society Symposium 2014 | Program Day 2

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