september-december 2016 cpd programme

lawsocietywa.asn.au

CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME

SEPTEMBER-DECEMBER 2016

Keeping up to date with the latestKeeping up to date with the latestKeeping up to date with the latestlegal and professional developmentslegal and professional developments

Register online at lawsocietywa.asn.au/cpd SEMINARS 1

The Law Society’s CPD programme is the result of close engagement between the Law Society and the profession: it has been designed by practitioners for practitioners following extensive consultation over the last five months. It delivers content that is relevant and responsive to developments in the law and practice in Western Australia.

We tailor our seminars to accommodate varying levels of experience, introductory, intermediate and advanced. The Law Society acknowledges and is grateful for the support provided by the judiciary and senior members of the profession who chair and speak at our seminars. Such high level support helps to ensure the programme offers content that is of the highest quality.

Responsibility for the CPD programme rests with the Law Society’s Education Committee assisted by Law Society staff and in collaboration with all of the committees of the Law Society. The success of the programme depends on it being relevant to your practice and you are encouraged

to provide feedback to members of the Education Committee or directly to the Law Society, so we can make sure we meet your needs for your ongoing professional development.

We would also like to thank our colleagues on the Education Committee: Ronald Bower (Corser & Corser), Shonelle Duthie (MDS Legal), Angelina Gomez (Clifford Chance), Fiona Grgich (McLeods Barristers & Solicitors), Darren Jackson (Francis Burt Chambers), Rachel Joseph (Francis Burt Chambers), Adam Levine (K&L Gates), Su Lloyd (Office of the Information Commissioner of WA), Fiona Low (Edith Cowan University), Alex Noonan (Macdonald Rudder) and Dr. Pat Saraceni (Clifford Chance) as well as the Law Society staff and other Law Society committee members for their collaboration and input. Finally, thank you for your support of the CPD programme in presenting, attending and providing feedback.

Elizabeth NeedhamPresident,Convenor, Education Committee The Law Society of Western Australia

FROM THE LAW SOCIETY’S EDUCATION COMMITTEE

The world is changing and with it the way your clients access legal knowledge and their expectation of lawyers. In this disruptive environment, it has never been more important to keep abreast of legal developments and practice management and professional skills. Knowledge provides a competitive advantage.

The Law Society’s CPD Programme continues to offer relevant knowledge across a diverse schedule to suit all practitioners. The diversity in our programme offering is second to none.

Our most outstanding value proposition, CPD Active*, has remained at the same price ($800*) this year and the value is only limited by how you choose to use it. The Law Society’s CPD Active does not limit you to 10 points; you can attend as many eligible seminars as you like throughout the year. Visit our website to see our terms and conditions and how you can access face-to-face seminars at no extra cost, discounted member events, online seminars for $20 each and 10 free seminar papers with your CPD

Active membership. A new addition this year provides all CPD Active members with a further 10% discount to membership events.

Our eLearning offering has grown significantly with seminars continuously being added across all competency areas. Visit elearning.lawsocietywa.asn.au to see how accessible and effective eLearning is as a solution for fulfilling your professional development.

Our thanks go to our legal partners, who are the heroes of this programme; the Law Society’s Education Committee, all Society committees and speakers from the legal profession who play a very proactive role in developing content and legal discourse to the programming process; and to you, for supporting the Law Society. Your support of the Society via attendance at CPD seminars enables it to fulfil its broader purpose as the voice of the legal profession in Western Australia through policy work, access to justice and pro bono initiatives and providing ongoing membership value and benefits.

Áine WhelanGeneral Manager, Programmes

Carmen MaughanManager, Professional Development

Denis BarichProfessional Development Lawyer

FROM THE LAW SOCIETY

* Inc GST. Terms, conditions and exclusions apply.

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

The Law Society of Western AustraliaP: (08) 9324 8600 | F: (08) 9324 8699 | E: [email protected] | W: lawsocietywa.asn.au/cpd


CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMMESEPTEMBER–DECEMBER 2016

CPD partner

Anti-bribery

Anti-bribery and Corruption 9

Banking and Finance

Sale of business workshop 7

Building

Building disputes: trouble in the suburbs 14

Commercial

Shareholder and Joint Venture Agreements and Disputes 6


Practical tips for transactional lawyers 8

Ethics on Friday: a practical approach for commercial lawyers 13

Associations Incorporation Act 2015 (WA) 14

Consumer

Recent developments in Australian Consumer Law 14

Contract

Contract Law Masterclass 11

Corporate

Issues relating to company meetings and lawyers acting as directors 8

Anti-Bribery and Corruption: the brave new world 9

Costs

Focus on costs 13

Security for costs: a practical approach 13

Criminal

Change of plea when an accused pleads guilty in a superior court 9

Grants of bail 13

Pleas in mitigation and restraining orders essentials 15

Employment


Employment law in the new age: the future of work 7

Environmental

Environmental approvals 11

Compulsory taking of land 11

Estate Planning

Non-contentious Probate Rules: citations and caveats 9

Urgent Wills and assessing a client’s mental capacity 9

Ethics

Ethics on Friday: Social media – handcuff v adaptability 7

Ethics on Friday: ethical dilemmas in advocacy 10

Ethics on Friday: a practical approach for commercial lawyers 13

In-house lawyers as shadow directors 15

Family

Asset protection in the Family Court 8

Surrogacy: Lessons from the Baby Gammy Case 12

In-house

Engaging with in-house counsel 6

From ‘handbrake to happiness’ to ‘trusted advisor’ 15

In-house lawyers as shadow directors 15

Intellectual Property


Legislation

Accessing the law: a State and National perspective 8

Litigation

Ethics on Friday: ethical dilemmas in advocacy 10

Privilege: the scope and limits of without prejudice communications and legal professional privilege 10

Strategies for managing difficult or vexatious litigants 10

Drafting good pleadings workshop 11

Contract Law Masterclass 11

Security for costs: a practical approach 13

Personal Injury

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) 6

Assessing damages in personal injury matters 12

Personal Property

Developments in PPSA 6

Planning

Environmental approvals 11


Practice and Procedure

A view from the Bench 14

Practice Management

Engaging with in-house counsel 6

Marketing in a downturn 8

The impact of poor work culture 9

Gender Equality: a business issue 12

Lead on Purpose 13

Focus on costs 13

From ‘handbrake to happiness’ to ‘trusted advisor’ 15

Professional Skills

Empowering communication: Assertive communication 7

African cultural awareness 10

Strategies for managing difficult or vexatious litigants 10

Drafting good pleadings workshop 11

Property

Community Title Schemes 10


Contaminated sites and property transactions 14

Succession

Non-contentious Probate Rules: citations and caveats 9

Urgent Wills and assessing a client’s mental capacity 9

Tax


Practical tax update for non-tax lawyers 11

Worker’s Compensation

Review of recent WorkCover and workers’ compensation decisions 12

Contents

Legal Support

The Essential Legal Assistant 2

Skilled minute taking 6

Keep calm and stay resilient 12

11 week course commencingMonday, 12 September 2016, 5.30pm – 7.30pm

Same days, same time, same course content … delivered live online with legal topics delivered via our eLearning portal.

This will enable legal support staff in the CBD, regional, rural and remote Western Australia to participate in this programme, from their work or home computer.

Expressions of interest [email protected]

Keeping up to date with the latest legaland professional developments

The Essential Legal Assistant CourseDelivered live online

lawsocietywa.asn.au

www.scott.com.au // 08 9223 7788 // 4 Aberdeen St Perth WA 6000

Scott Print are proud to be print sponsors of the Law Society’s CPD Programme.Scott Print are a new breed of printer specialising in corporate documents and transactions – delivering on time, on budget and to the highest standards.

We’re the people to trust if you need design and printing confidentially, quickly, accurately and all in an environmentally sustainable way.

John ScottB.Law W.Aust, M.Law NSW

Director and Account Manager 9223 7788 / [email protected]

Tim ScottB.Sc (EnvSc) W.Aust

Director and Account Manager 9223 7788 / [email protected]

2 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

Thursday, 1 September 20169.30am – 10.30am Book

Developments in PPSA

Thursday, 8 September 201612.00pm – 2.00pm BookSkilled minute taking

Tuesday, 13 September 20164.30pm – 6.00pm Book

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA)

Wednesday, 14 September 20164.30pm – 6.00pm Book

Engaging with in-house counsel: tips for private practitioners to build a trusted legal advisor relationship


Shareholder and Joint Venture Agreements and Disputes

Friday, 16 September 201610.30am – 12.30pm Book

Empowering communication: Assertive communication

Friday, 16 September 20161.00pm – 2.00pm Book

Ethics on Friday: Social media – handcuff v adaptability

Tuesday, 20 September 20169.00am – 4.00pm Book

Sale of business workshop

Wednesday, 21 September 20169.00am – 12.30pm Book

Employment law in the new age:the future of work

Wednesday, 21 September 20165.00pm – 6.00pm Book

Asset protection in the Family Court


Issues relating to company meetings and lawyers actingas directors

SEPTEMBER 2016

Tuesday, 4 October 20169.00am – 10.00am Book

Marketing in a downturn

Thursday, 6 October 20164.30pm – 6.30pm Book

Practical tips for transactional lawyers

Monday, 10 October 20169.00am – 10.00am Book

Accessing the law: a State and National perspective


Non-contentious Probate Rules: citations and caveats


Urgent Wills and assessing a client’s mental capacity

Wednesday, 12 October 20165.00pm – 6.00pm Book

Anti-bribery and Corruption:the brave new world


Change of plea when an accused pleads guilty in a superior court

Friday, 14 October 20169.30am – 11.30am Book

The impact of poor work culture: the people and productivity benefits of wellness

Friday, 14 October 20161.00pm – 2.00pm Book

Ethics on Friday: ethical dilemmas in advocacy


Community Title Schemes: development and management issues for lawyers

Tuesday, 18 October 20165.00pm – 6.00pm Book

Privilege: the scope and limits of without prejudice communications and legal professional privilege

Wednesday, 19 October 20169.00am – 10.30am Book African cultural awareness

Wednesday, 19 October 20164.30pm – 6.00pm Book

Strategies for managing difficult or vexatious litigants


Environmental approvals: implications of the BeeliarWetlands decision

Wednesday, 26 October 20169.00am – 11.45am Book

Practical tax update for non-tax lawyers

OCTOBER 2016

CONTINUING PROFESSIONAL DEVELOPMENT SPRING CALENDAR

SEPTEMBER-DECEMBER 2016


https://www.lawsocietywa.asn.au/event/developments-in-ppsa/

https://www.lawsocietywa.asn.au/event/skilled-minute-taking/

https://www.lawsocietywa.asn.au/event/motor-vehicle-catastrophic-injuries-act-2016/

https://www.lawsocietywa.asn.au/event/engaging-house-counsel-tips-private-practitioners-build-trusted-legal-advisor-relationship/

https://www.lawsocietywa.asn.au/event/review-of-recent-workcover-and-workers-compensation-decisions/

https://www.lawsocietywa.asn.au/event/empowering-communication-assertive-communication/

https://www.lawsocietywa.asn.au/event/ethics-friday-social-media-handcuff-v-adaptability/

https://www.lawsocietywa.asn.au/event/sale-business-workshop/

https://www.lawsocietywa.asn.au/event/employment-law-new-age-future-work/

https://www.lawsocietywa.asn.au/event/asset-protection-and-the-family-court/

https://www.lawsocietywa.asn.au/event/issues-relating-to-company-meetings-and-lawyers-acting-as-directors/

https://www.lawsocietywa.asn.au/event/marketing-in-a-downturn/

https://www.lawsocietywa.asn.au/event/practical-tips-for-transactional-lawyers/

https://www.lawsocietywa.asn.au/event/accessing-law-state-national-perspective/

https://www.lawsocietywa.asn.au/event/non-contentious-probate-rules-citations-and-caveats/

https://www.lawsocietywa.asn.au/event/urgent-wills-assessing-clients-mental-capacity/

https://www.lawsocietywa.asn.au/event/anti-bribery-and-corruption-the-brave-new-world/

https://www.lawsocietywa.asn.au/event/change-plea-accused-pleads-guilty-superior-court/

https://www.lawsocietywa.asn.au/event/impact-work-culture-people-productivity-benefits-wellness/

https://www.lawsocietywa.asn.au/event/ethics-friday-ethical-dilemmas-advocacy/

https://www.lawsocietywa.asn.au/event/community-title-schemes-development-and-management-issues-for-lawyers/

https://www.lawsocietywa.asn.au/event/privilege-the-scope-and-limits-of-without-prejudice-communications-and-legal-professional-privilege/

https://www.lawsocietywa.asn.au/event/african-cultural-awareness/

https://www.lawsocietywa.asn.au/event/strategies-managing-difficult-vexatious-litigants/

https://www.lawsocietywa.asn.au/event/environmental-approvals-implications-beeliar-wetlands-decision/

https://www.lawsocietywa.asn.au/event/practical-tax-update-non-tax-lawyers/

Tuesday, 1 November 20164.30pm – 6.00pm Book

Drafting good pleadings workshop

Wednesday, 2 November 20169.00am – 11.00am Book

Compulsory taking of land: current issues of law and principle

Tuesday, 8 November 20169.00am – 12.15pm Book Contract Law Masterclass

Wednesday, 9 November 20165.00pm – 6.00pm Book

Review of recent WorkCover and workers’ compensation decisions

Thursday, 10 November 20165.00pm – 6.00pm Book

Surrogacy: Lessons from theBaby Gammy Case

Tuesday, 15 November 20169.00am – 10.30am Book

Gender Equality: a business issue


Assessing damages in personal injury matters

Wednesday, 16 November 201612.00pm – 2.00pm Book Keep calm and stay resilient


Grants of bail: the imposition of protective conditions and non-protective conditions for children

Friday, 18 November 20169.00am – 11.00am Book

Lead on Purpose

Friday, 18 November 20161.00pm – 2.00pm Book

Ethics on Friday: a practical approach for commercial lawyers


Focus on costs


Security for costs:a practical approach

Thursday, 1 December 20165.30pm – 7.00pm Book A view from the Bench

NOVEMBER 2016

DECEMBER 2016

Available now Book Contaminated sites and property transactions

Available now Book Associations Incorporation Act 2015 (WA)

Available now Building disputes: trouble in the suburbs

Available now Recent developments in Australian Consumer Law

Available now From ‘handbrake to happiness’ to ‘trusted advisor’

Available now Pleas in mitigation and restraining orders essentials

Available now In-house lawyers as shadow directors: managing and protecting your legal role

ANYTIME LEARNING WITH


https://www.lawsocietywa.asn.au/event/drafting-good-pleadings-workshop/

https://www.lawsocietywa.asn.au/event/compulsory-taking-land-current-issues-law-principle/

https://www.lawsocietywa.asn.au/event/contract-law-masterclass/

https://www.lawsocietywa.asn.au/event/review-recent-workers-compensation-decisions/

https://www.lawsocietywa.asn.au/event/surrogacy-lessons-baby-gammy-case/

https://www.lawsocietywa.asn.au/event/gender-equality-business-issue/

https://www.lawsocietywa.asn.au/event/assessing-damages-in-personal-injury-matters/

https://www.lawsocietywa.asn.au/event/keep-calm-stay-resilient/

https://www.lawsocietywa.asn.au/event/grants-bail-imposition-protective-conditions-non-protective-conditions-children/

https://www.lawsocietywa.asn.au/event/lead-on-purpose/

https://www.lawsocietywa.asn.au/event/ethics-friday-practical-approach-commercial-lawyers/

https://www.lawsocietywa.asn.au/event/focus-on-costs/

https://www.lawsocietywa.asn.au/event/security-costs-practical-approach/

https://www.lawsocietywa.asn.au/event/a-view-from-the-bench/

http://elearning.lawsocietywa.asn.au/online-courses/contaminated-sites-and-property-transactions

http://elearning.lawsocietywa.asn.au/online-courses/associations-incorporation-act-2015-wa

Member - $125 Non-member - $185 CPD Active - $0

Thursday, 1 September9.30am – 10.30amDevelopments in PPSAChair – David JohnPartner, Herbert Smith Freehills

Linda WiddupLecturer, Curtin Law School

Personal Property Much has happened since the Personal Property Securities Act 2009 commenced operation four years ago. This innovative and complex legislation overhauled many long entrenched common law and equitable principles relating to personal property securities. Several court decisions have shed light on the scope and application of the legislation including what is encompassed by a ‘security interest’, the consequences of failure to register, and the consequences of mistakes on the register. Linda Widdup discusses the decisions of the Australian courts, as well as the recommendations arising from a statutory review of the legislation.

Level: General

1 point, Competency 4, Substantive Law


Shareholder and joint venture agreements are essential commercial documents that help reduce the likelihood of future disputes and provide the framework for resolving issues that do arise. This seminar examines key characteristics of these two forms of agreements and provides practical tips on how to properly document the agreement process including valuations. The seminar also looks at how the dispute process (e.g. mediation leading to court action or arbitration) works and provides practical tips on how to handle disputes that can arise.

Level: Intermediate/Advanced

1 point, Competency 2, Professional Skills

0.5 point, Competency 4, Substantive Law

Thursday, 15 September9.00am – 10.30amShareholder and Joint Venture Agreements and DisputesSimon SalterPartner, K&L Gates

Adam MyersPartner, Corporate Finance, BDO

Commercial


With the growth of in-house legal teams and the business drivers of cost control and efficient operations, in-house counsel are becoming more sophisticated pursuers of legal services. In these circumstances, it is vital for private legal practitioners to be cognisant of the unique needs of the in-house legal function when delivering legal services to in-house teams.

The panel of speakers explore the pressures facing in-house teams and the role of in-house counsels in briefing external legal practitioners. The seminar concludes with practical tips to private legal practitioners to assist them to build and strengthen a trusted advisor relationship with in-house counsels.

Level: General

1.5 points, Competency 1, Practice Management

Wednesday, 14 September4.30pm – 6.00pmEngaging with in-house counsel: tips for private practitioners to build a trusted legal advisor relationshipChair – Pamela Haas, Principal Counsel Legal and Commercial Strategy, Dept of State DevelopmentElisabeth Edwards, Regional Legal Counsel (WA), Brookfield MultiplexPaul Evans, State Solicitor, State Solicitors OfficeMiriam Sauley, Principal Lawyer and Manager, Legal and Legislative Services, Dept of Housing

Tanya Heaslip, Group General Counsel, Wright Prospecting Pty Ltd

In-house Practice Management



The laws governing compulsory motor vehicle insurance in Western Australia changed on 1 July 2016 with the introduction of the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA).

The expanded motor injury insurance cover will provide no fault cover for people who are catastrophically injured in a vehicle crash.

This seminar provides a detailed overview of the changes including all of the entitlements and exclusions, and assesses the practical impact of the changes on motor vehicle insurance in Western Australia.

This seminar is highly recommended for all practitioners who practice in the area of motor vehicle accident claims and personal injury law in general.

Level: General

1.5 points, Competency 4, Substantive Law

Tuesday, 13 September4.30pm – 6.00pmMotor Vehicle (Catastrophic Injuries) Act 2016 (WA)Chair – Jeff PotterPartner, Friedman Lurie Singh & D’Angelo

Geoff BourhillBarrister, Francis Burt Chambers

Fab ZanuttighGeneral Manager CTP Insurance,Insurance Commission of Western Australia

Personal Injury


The skill of taking minutes is much more than simply providing a transcription of what was said during a meeting. A skilled minute taker will know that their role starts before a meeting and continues beyond the conclusion of a meeting. Understanding the purpose of minutes and how they will be used is crucial to producing accurate and useful minutes.

If you have never taken minutes during a meeting or would like to further develop this skill then this session will provide a framework for recording high quality minutes utilising the Australian Standard guide.

This workshop will explore:

• Your role as the minute taker• Agenda and minute templates• Layout and language of minutes• Practical exercises to create draft minutes

Level: General

Thursday, 8 September12.00pm – 2.00pmSkilled minute takingJane LynchLearning and Development Trainer,Squire Patton Boggs (AU)

Carmen MaughanManager, Professional Development,The Law Society of Western Australia

Legal Support

Friday, 16 September10.30am – 12.30pmEmpowering communication: Assertive communicationEllie ScarfLead Coach and Facilitator, Madston Black

Professional Skills The first of two seminars focusing on empowering communication. Learn to increase confidence to communicate assertively and make effective requests.

Learn tools and techniques for effective assertive communication including how to effectively frame conversations, powerful language and the effect of body language on ourselves and others. Learn about the role of curious listening in assertive communication and look at the elements and impact of powerful questions.

Level: General

2 points, Competency 2, Professional Skills

Social media has changed the way we communicate and connect on a personal level and it is becoming prevalent in communications between lawyers, their clients and the courts.

However, ethical responsibility and the Professional Conduct Rules apply equally to social media and practitioners must be aware that they could potentially become the subject of a complaint or conduct investigation for a variety of reasons and even for inadvertent mistakes.

Explore the pros and cons of social media including its responsible use, together with practical tips to avoid complaints relating to its use and real life case studies seen by the Legal Profession Complaints Committee with a perspective from the Young Lawyers Committee.

A light lunch will be provided.

Level: General

1 point, Competency 3, Ethics and Professional Responsibility

Gain a comprehensive overview of all aspects of buying and selling a business – essential for all practitioners practising in the area.

Experienced speakers provide practical tips on what to look out for and how to better represent your client in a sale of business transaction with particular focus on the following specialist areas:

• Preliminary contracts and documents

• Due diligence

• Banking and finance

• Taxation and stamp duty

• Intellectual property

• Employment issues

• Restraints of trade

• Avoiding litigation after settlement

Earn 6 points across two competency areas.

Morning tea and a light lunch will be provided.

Full details of the day’s programme are provided on the Law Society’s website.

Level: General


5 points, Competency 4, Substantive Law

Tuesday, 20 September9.00am – 4.00pm

Sale of business workshop

Chair – Fiona HalseyDirector, Halsey Legal

Stephen KempPartner, Jackson MacDonald

Michael PatersonPrincipal, Michael Paterson & Associates

Richard HookerBarrister, John Toohey Chambers

GiGi VisscherBarrister, Francis Burt Chambers

Damian QuailDirector & Principal, Williams & Hughes

Tom MeagherDirector, Murfett Legal

Alex ScealesPartner, Sceales Lawyers

Commercial

Employment Banking and Finance

Intellectual Property Tax

Friday, 16 September1.00pm – 2.00pmEthics on Friday: Social media – handcuff v adaptabilityPhilippa RezosSenior Legal Officer,Manager (Rapid Resolution Team),Legal Profession Complaints Committee

Alex NoonanLawyer, Macdonald Rudder

Ethics




The nature of work is changing and employment law must keep up. This seminar tackles how employment law is keeping up with the changes focussing on:

• The future of work and the impact of technology and new working arrangements including the rise of the insecure or contingent workforce and use of contractors

• Disciplinary and performance issues in the context of social media and conduct beyond the workplace

• Occupational safety and health considerations for employers for non-traditional working relationships in particular the challenges and considerations involving the “joint workplace” – where contractors, labour hire workers and employees work together and also employees working remotely or from home.



Wednesday, 21 September9.00am – 12.30pmEmployment law in the new age: the future of workChair – Daniel WhiteSenior Associate,Norton Rose Fulbright

Renae HardingSpecial Counsel,Jackson McDonald

Felicity ClarkeOf Counsel,Squire Patton Boggs

Mark CoxDirector,MDC Legal

Employment



In terms of the orders that it can make, many people consider the Family Court to be the most powerful court in Australia.

This seminar considers the question of whether assets can be protected from a Family Court division of property and is relevant for both family and non-family lawyers alike.

• The treatment of discretionary trusts in the Family Court

• The treatment of trusts in general in such as testamentary trusts and unit trusts

• How the Family Court deals with offshore assets

• Is it possible to “Family Court Proof” a trust or asset or financial arrangement? Can you at least mitigate the risk?

• Binding Financial Agreements: are they watertight?



Wednesday, 21 September5.00pm – 6.00pmAsset protection in the Family CourtChair – Trevor O’SullivanPartner, O’Sullivan Davies

John ButlerPrincipal, Butlers

Family



Thursday, 22 September9.00am – 10.30amIssues relating to company meetings and lawyers acting as directorsChair – Roger DaviesPartner, Ashurst

Stephen PenroseManaging Partner, Tottle Partners

Marc WilshawPartner, DLA Piper

CorporateLawyers will often be asked to attend company meetings and also, at times, to act as directors of their client companies.

This seminar focuses on the law, practice and procedure of meetings for both shareholder and creditors meetings.

Learn practical tips on how to deal with problem areas such as the formalities of convening meetings, drafting and amendments to resolutions, the proper conduct of meetings, who can attend meetings and who can appoint a proxy.

This seminar also focuses on lawyers acting as directors of their client companies and the potential conflict and ethical issues arising from such appointments and how best to avoid to them.


0.5 point, Competency 3, Ethics and Professional Responsibility

1 point, Competency 4, Substantive LawMember - $180 Non-member - $250 CPD Active - $0

Discover a practical approach to marketing your firm during a downturn. Learn strategies to assess your firm’s current marketing offering, the risk factors to look for and simple steps to immediately focus your marketing efforts and generate business. Learn the power of the brand and keeping visible, how to protect the biggest asset of your firm – your clients – how to re-evaluate your programmes to provide value and build brand visibility, while keeping one step ahead of your competitors.

Recommended for anyone in a decision-making role in their organisation.

Level: General

1 point, Competency 1, Practice Management

Tuesday, 4 October9.00am – 10.00amMarketing in a downturnTania StakicDirector, Redbox Consulting

Practice Management


In practising commercial law you work with and see many different types of transactions and documents - some for the first time.

Experienced speakers provide practical insights into working on various transactions, identifying unknown unknowns and the essential role of due diligence in any transaction.

Learn practical drafting tips on where to start when you don’t have a precedent and discuss ethical principles in relation to all transactions.

Listen to a panel discussion from experienced commercial lawyers who share their insights and stories of commercial practice.

Level: General



Thursday, 6 October4.30pm – 6.30pmPractical tips for transactional lawyersChair – Bryn DavisSpecial Counsel, Minter Ellison

Robyn GlindemannCounsel, Clifford Chance

Nada RaphaelSpecial Counsel, Minter Ellison

Murray ColvinSpecial Counsel, IRDI Legal

Jade ConceiLawyer, Bellanhouse Legal

Graham NagleSpecial Counsel, Holman Fenwick Willan

Commercial


Geoff Lawn (Parliamentary Counsel for Western Australia) and Peter Quiggin PSM (First Parliamentary Counsel for Australia) speak on recent developments in their drafting offices and in the access to legislation.

The seminar covers recent developments in Western Australia, including the adoption of gender-free drafting and incorporation of material by reference (with particular reference to the recent Delegated Legislation Committee report). At a national level, the seminar covers the launch of the Federal Register of Legislation and related developments.

Level: General


Monday, 10 October9.00am – 10.00amAccessing the law: a State and National perspectivePeter Quiggin PSMFirst Parliamentary Counsel,Office of Parliamentary Counsel

Geoff LawnParliamentary Counsel,Parliamentary Counsel’s Office WA

Legislation


Estate Planning SuccessionBoth citations and caveats under the Non-contentious Probate Rules are very useful tools in succession law, being fundamental both to the Court’s ability to control the Probate Court and an individual’s ability to progress or prevent a Grant of Probate. However, both are also in many cases underutilised and not properly applied when used.

Maree van der Kwast sheds light on this little known but important area of practice and deals with the purposes, mechanisms for application, and consequences (both costs and otherwise) of both citations and caveats.

Highly recommended for all wills and estate practitioners.

Level: Advanced


Tuesday, 11 October9.00am – 10.00amNon-contentious Probate Rules: citations and caveats Chair – Dr John HockleyBarrister, Francis Burt Chambers

Maree van der KwastDirector, Dwyer Durack


Anti-bribery and corruption compliance has become a big issue for Australian companies doing business around the world. Likely changes to the regulatory and enforcement landscape in this area make this a topical area of real and practical interest to practitioners and their clients.

Examine recent Australian events and global trends (Australian Senate Enquiry, Unaoil and Panama Papers), the Australian legal framework and what you need to know about the FCPA (US) and Bribery Act (UK), corporate culture and governance, facilitation payments and best practice systems and experience. Also consider aspects of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Case studies are used to show both best and worst practice in action.

Level: General/Intermediate


Wednesday, 12 October5.00pm – 6.00pmAnti-bribery and Corruption: the brave new worldChair – Craig SlaterBarrister, Francis Burt Chambers

Mark Darian-SmithPartner, King & Wood Mallesons

Varun GhoshSenior Associate, King & Wood Mallesons

Anti-bribery Corporate



Tuesday, 11 October10.15am – 11.15amUrgent Wills and assessing a client’s mental capacityChair – Elizabeth HeenanSpecial Counsel, Culshaw Miller Lawyers

Greg MohenPartner, Kott Gunning

Rebecca RorrisonSenior Legal Officer (Rapid Resolution Team),Legal Profession Complaints Committee

Estate Planning Succession This seminar provides practical tips on what to do when receiving urgent instructions to draft a will or EPA to ensure that they effectively carry out the client’s wishes and to avoid any potential claims.

The seminar focuses on:• Assessing mental capacity• The difference between “capacity” and “knowledge and

approval” (Veall v Veall [2015] VSCA 60)• Dealing with non-English speaking clients• Assessing if the client is acting as a result of undue influence• Knowing when not to take instructions (if possible).• The benefits and risks of using checklists and templates• Why detailed instructions and attendance notes are important• Would preparing a codicil (as opposed to a new will) limit the

risk if capacity or knowledge and approval are in doubt• Are applications for a statutory will an option worth

considering?

Level: GeneralMember - $125 Non-member - $185 CPD Active - $0 1 point, Competency 2, Professional Skills

This specialist criminal law seminar, chaired by the Hon Justice Lindy Jenkins, focuses on what a ‘plea’ means under the Criminal Procedure Act 2004 and the circumstances where a change of plea can take place when an accused pleads guilty in a superior court.

A focus on situations where an accused pleads to a lesser or statutory charge in circumstances in which the State does not accept that plea in full satisfaction of the principal charge and proceeds to trial.

The seminar provides practical tips, guidance and advice and is highly recommended for all criminal law practitioners.

Level: Advanced


Thursday, 13 October5.00pm – 6.00pmChange of plea when an accused pleads guilty in a superior courtChair – The Hon Justice Lindy JenkinsSupreme Court of Western Australia

Mara BaronePrincipal, Barone Criminal Lawyers

Criminal


Workplace wellness has become indispensable in the modern business, though not always for the better.

Wellness is straightforward, the difference is culture. Through the appropriate measured, incremental conditioning will your people develop true capability. The foundations of this approach to workplace wellness is a culture which can appreciate this difference and respect the need for a degree of discomfort on the journey to enhancing one’s resilience to life’s challenges.

Level: General

2 points, Competency 1, Practice Management

Friday, 14 October9.30am – 11.30amThe impact of poor work culture: the people and productivity benefits of wellnessLuke DimasiDirector, Warrior Wellness

Practice Managment


Examine the ethical duties in advocacy – an essential seminar for litigation and dispute resolution practitioners.

Craig Slater covers the various conduct rules relating to advocacy and, in particular, duties in relation to:

• Duty of accuracy and gathering sufficient evidence to found a serious allegation

• Independence• Witnesses statements

and integrity of evidence• Correcting the record

• Obligations to colleagues• Negotiations and

mediations• Undertakings• Dealings with insured

witnesses

A light lunch is provided.


Friday, 14 October1.00pm – 2.00pmEthics on Friday: ethical dilemmas in advocacyCraig SlaterBarrister, Francis Burt Chambers

Ethics Litigation

Level: General



Tuesday, 18 October9.00am – 10.00amCommunity Title Schemes: development and management issues for lawyersChair – Alison FlemingLead Lawyer, Strata Titles Act Reform, Landgate

Sean MacFarlaneSenior Lawyer, Strata Titles Act Reform, Landgate

PropertyThis seminar focuses on the issues lawyers may face when providing advice in relation to community title schemes under the proposed new Strata Titles Act including:

• Developing community title schemes

• Case study: legal issues in developing community title schemes

• Management and dispute resolution for community title schemes

• Case study: legal issues arising from the management of community title schemes, including dispute resolution.

Presented by Landgate’s Strata Titles Act Reform Project team and highly recommended for all lawyers who practice in strata title law, property law and planning law in general.

Level: General/Intermediate



What constitutes “without prejudice” privilege and whether that privilege can be found to apply to whole or only part of the communication is the subject of much confusion amongst practitioners, with the principle often being misused in practice.

Explore when and how to properly use the “without prejudice” privilege in communications so as to avoid potential negative cost consequences for clients.

Similarly, the issue of when legal professional privilege may be lost is often the subject of contention. This seminar reviews the scope and limits of legal professional privilege, and gives insight into the latest legal developments around the “whole of government” approach in applying for public interest immunity.



Tuesday, 18 October5.00pm – 6.00pmPrivilege: the scope and limits of without prejudice communications and legal professional privilegeChair – Abigail DaviesBarrister, Francis Burt Chambers

Elmi CarleanBarrister, Francis Burt Chambers

Litigation



Difficult, vexatious or querulous litigants come in all shapes and sizes and are motivated in different ways.

Given the number of such litigants, this seminar provides timely advice on how to manage difficult litigants including analysis of:

• the legal obligations a lawyer has when a litigant is unrepresented

• the ‘types’ of difficult litigants and their motivations• what to expect from them• what strategies and tactics to employ• when and how to seek help• what to do if the difficult litigant is your client• Vexatious Proceedings Restriction Act 2002 (WA)

Listen to a panel discussion with the Hon Chief Justice Wayne Martin AC and experienced practitioners.

Level: General

Wednesday, 19 October4.30pm – 6.00pmStrategies for managing difficult or vexatious litigantsChair – Penny Keeley, Partner, Clairs Keeley

The Hon Chief Justice Wayne Martin ACSupreme Court of Western Australia

John Vaughan SC, Barrister, Francis Burt Chambers

Ashley Macknay, Director, MDS Legal

Litigation Professional Skills

1.5 points, Competency 2, Professional Skills


There has been a large influx of African migrants and refugees in Australia, representing 52 African countries and around 2,000 different languages. There are numerous cultural issues that practitioners need to be aware of in a number of practice areas.

• Strategies for engaging and working with diverse communities e.g. cross cultural communication, cultural norms and myths

• Issues and challenges faced by African communities assimilating into Australian society

• Addressing unconscious bias and the impact this has on African communities.

• Identifying barriers to working in partnership with African communities

• Learning about other cultures, diversity, practices and protocols

• Clarifying the terms refugees, migrants, assimilation, inclusion

• Working with African interpreters

Level: General

Wednesday, 19 October9.00am – 10.30amAfrican cultural awarenessChair – Karen Farley SCAppeals Consultant, Legal Aid (WA)

Fadzi WhandeGlobal Diversity & Inclusion Strategist, The Whande Group

Celestin NgogaPresident of Rwandan Diaspora Australia

Professional Skills



In the Supreme Court decision of Save Beeliar Wetlands (Inc) v Jacob [2015] WASC 482, environmental approval for the Roe Highway extension (Roe 8 Project) was successfully challenged on the basis that the Environmental Protection Agency (EPA) did not take into account its own environmental offsets policies.

The decision has prompted the Minister for Environment to lodge an appeal against the decision and commission an independent review of the EPA’s policies and processes.

This seminar analyses the Chief Justice’s extensive judgment and key findings which have implications for the State Government on both existing and future projects in Western Australia.

The seminar also discusses what reforms are required to the EPA’s internal processes, policies, procedures and legislation.

Level: General

Thursday, 20 October5.00pm - 6.00pmEnvironmental approvals: implications of the Beeliar Wetlands decision Chair – Professor Alex GardnerThe Faculty of Law, The University of Western Australia

Graham CastledinePartner, Castledine Gregory

Environmental Planning


Wednesday, 26 October9.00am – 11.45amPractical tax update for non-tax lawyersChair – Dr John Hockley, Barrister, Francis Burt Chambers

Elizabeth Heenan, Special Counsel,Culshaw Miller Lawyers

Jonathon Leek, Barrister, Francis Burt Chambers

Humphry Faas, Director, Anchor Legal

Antony Barrier, Lawyer, Munro Doig Lawyers

Tax A must attend tax seminar for non-tax lawyers who are required to be across recent developments and changes in tax law. The seminar highlights important and perennial issues as well as any new legislation or decided cases. Specifically, the seminar addresses relevant tax considerations and changes in the areas of litigation and dispute resolution, employment, superannuation, estates and trusts, property and state taxes.

Chaired by Dr John Hockley, this seminar provides a practical and relevant overview on tax developments across key areas of substantive law and closes with a panel discussion.

Level: General



It goes without saying that drafting pleadings is an essential skill for all litigation lawyers. Properly drafted pleadings are vital to your clients’ prospects of success.

Focusing on a simulated client scenario this seminar goes through both the plaintiff’s and defendant’s pleadings. Who will be successful? His Hon Justice Andrew Beech presides, discussing the form of the pleadings and giving tips along the way.

This practical seminar brings to life the technical rules in an informative and engaging ‘real-life’ session, with materials and tips provided to help you make your next statement of claim or defence clear and to the point.

Level: General


Tuesday, 1 November4.30pm – 6.00pmDrafting good pleadings workshopChair – The Hon Justice Andrew BeechSupreme Court of Western Australia

Wendy GillanBarrister, Francis Burt Chambers

Gary CobbyBarrister, Francis Burt Chambers

Professional Skills Litigation



The law of contract is a fundamental area of law which crosses over into so many practice areas. This contract law masterclass focuses on:

• Current case law on the vexed area of the use of extrinsic evidence to interpret the terms of a written contract.

• When does a contract become binding? Recent controversies and the latest case law.

• Equitable remedies for breach of contract and how they differ from common law remedies and analysis of recent developments.

• The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 will come into effect on 12 November 2016 and the implications for small business and standard form contracts.



Tuesday, 8 November9.00am – 12.15pmContract Law MasterclassChair – Matt Howard SCBarrister, Francis Burt Chambers

Marcus Solomon SC, Barrister, Francis Burt Chambers

Dr Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance

Fiona Vernon, Barrister, Francis Burt Chambers

Kim Lendich, Barrister, Francis Burt Chambers

Contract Litigation


Examine the compulsory taking of land and compensation, focusing on topical issues including:

• The surrender of developers and local governments to the WAPC demand for free of cost ceding and improvement of regional reserves.

• The de facto reservation of lands affected by Bush Forever, Green Growth Plan and Conservation Category Wetlands, without compensation.

• Severance and Injurious Affection damages in compensation claims, noting that clause 4 of the Land Acquisition Legislation Amendment (Compensation) Bill 2014 would amend s241 of the Land Administration Act 1997 (the Act) which outlines how compensation is determined where interests in land are taken under Part 9 of the Act.

• The right of successive owners to claim compensation for Injurious Affection with particular reference to the recent decision of Western Australian Planning Commission v Southregal Pty Ltd [2016] WASCA 53.

Level: Intermediate

Wednesday, 2 November9.00am – 11.00amCompulsory taking of land: current issues of law and principleChair – Ken Pettit SCBarrister, Francis Burt Chambers

Denis McLeod, Partner, McLeods

Glen McLeod, Principal, Glen McLeod Legal

Dr Stephen Willey, Assistant State Solicitor, State Solicitor’s Office

Planning Property Environmental

Member - $230 Non-member - $300 CPD Active - $0 2 points, Competency 4, Substantive Law

Presented by Robert McCabe and chaired by Asanka Gunasekera, gain an essential overview of recent workers’ compensation cases.

The seminar includes a survey of recent WorkCover appeals decisions and other court decisions relevant to the Workers’ Compensation and Injury Management Act 1981 (WA) and the Safety, Rehabilitation and Compensation Act 1988 (Cth) that are relevant to practitioners in Western Australia.

Highly recommended for practitioners practising in the workers’ compensation area.

Level: Intermediate


Wednesday, 9 November5.00pm – 6.00pmReview of recent WorkCover and workers’ compensation decisionsChair – Asanka GunasekeraBarrister, Francis Burt Chambers

Robert McCabeBarrister, Albert Wolff Chambers

Workers’ Compensation



Thursday, 10 November5.00pm – 6.00pmSurrogacy: Lessons from the Baby Gammy CaseChair – Michael Nicholls QCBarrister, Francis Burt Chambers

Penelope GilesBarrister, Francis Burt Chambers

Jessica HendersonBarrister, Francis Burt Chambers

FamilyWho can forget the disturbing case of baby Gammy, the disabled twin boy who remained with his Thai surrogate mother, while an Australian couple brought his sister home to Australia.

When the Australian father of the twins was discovered to be a convicted paedophile it provoked a media storm around the world, and lead to a change of the law in Thailand. The subsequent Family Court proceedings delved deep into the Western Australia law on surrogacy, artificial conception, and what it means to be a mother or father.

What is the state of the law on surrogacy in Western Australia after the Baby Gammy case? Are international surrogacy agreements legal? Are they enforceable? What determines parentage in international surrogacy matters, and how is it determined? What advice and warnings do you need to give to clients considering international surrogacy?

This seminar confronts the reality of the law in Western Australia in the aftermath of Baby Gammy.




Karina Hafford provides an overview of the fundamentals of assessing the various heads of statute and common law damage in personal injury claims.

Review recent cases in damage assessment and be provided with insights into the sources of information available when assessing potential damages in a personal injury claim, including how not to trip up on the calculation of limitation periods.

Designed to equip practitioners in all areas of personal injury law, whether plaintiff or insurance focused, with the knowledge required to advise a client on the potential damages of a claim.

Level: Intermediate


Tuesday, 15 November5.00pm – 6.00pmAssessing damages in personal injury mattersChair – Gray PorterPartner, Civic Legal

Karina HaffordPractice Group Leader, Slater and Gordon Lawyers

Personal Injury


Gender equality in the workplace is not just a women’s issue – it also makes hard economic sense for employers with further benefits to the profession and the community generally.

A cross section of speakers from medium and large sized law and non-law firms, provide practical examples of what gender equality actually means in the workplace and the benefits to be obtained both culturally and to the organisation’s bottom line.

Speakers discuss:

• Maternity and paternity leave• Family-friendly and flexible work practices for both women

and men• The cost of replacing experienced staff • Unconscious bias• Promotional opportunities and salary

Level: General

1.5 points, Competency 1, Practice Management

Tuesday, 15 November9.00am – 10.30amGender Equality: a business issueChair – Catherine Fletcher, State Prosecutor, Office of the Director of Public Prosecutions for WA

Paul Evans, State Solicitor, State Solicitor’s Office

John Galvin, Executive General Manager, Georgiou Group

Catriona Macloed, Director, Cullen Macloed Lawyers

Professor Carmen Lawrence, The University of Western Australia

Isla McRobbie, Partner, Jackson McDonald

Practice Management



Modern life is busy, at times overwhelming. Working in the legal industry brings additional stress – with the high demands, levels of responsibility and time pressures associated with working with and supporting lawyers. When we cannot reduce our commitments, when we cannot let anyone down, when we feel like we cannot cope – resilience can be the key.

Interactive activities, personalised testing, academic theory and goal setting will guide you to understand and develop an awareness of self and the ability to manage and regulate your response to change and stress.

Level: General

Wednesday, 16 November12.00pm – 2.00pmKeep calm and stay resilientKirsty McPheeKnowledge and Business Development Manager,Tottle Partners

Legal Support

The bail consideration for children requires the application of the objectives and principles of the Young Offenders Act 1994. Bail conditions can be categorised as protective or non-protective conditions. Protective conditions are specific to a person(s) or category of person while non-protective conditions are general in nature.

Under the Bail Act 1982, breach of a protective condition gives rise to far more serious consequences than a breach of non-protective conditions because it is both ‘an offence’ and ‘a serious offence’ which in combination with another serious offence gives rise to the need to show exceptional reasons for bail. Therefore, whether the circumstances support a protective condition requires careful consideration and is examined in this informative seminar by his Honour Judge Denis Reynolds by reference to practical examples.



Wednesday, 16 November5.00pm – 6.00pmGrants of bail: the imposition of protective conditions and non-protective conditions for childrenChair – Joe McGrath SCDirector of Public Prosecutions, Office of the Director of Public Prosecutions for WA

The Hon Judge Denis ReynoldsChildren’s Court of Western Australia

Criminal



Leaders exist at all levels of organisations. When you give your team clarity and control, they become motivated and effective leaders.

Lead on Purpose is an intent-based leadership programme which creates change and an environment for people to contribute so they feel valued. Set clear goals but give your people control to complete tasks, their way.

Help make leadership simple and actionable. The seminar offers practical advice and leadership activities. Not only will you get the chance to experience this first hand, you will learn vital tips which your team can implement immediately.

Level: General2 points, Competency 1,Practice Management

Friday, 18 November9.00am – 11.00amLead on PurposeJonathon HustonSenior Consultant, Facilitator & Executive Coach, Integral Development

Philip MoyleDirector & Senior Consultant, Integral Development

Practice Management

Friday, 18 November1.00pm – 2.00pmEthics on Friday: a practical approach for commercial lawyersJames HealyBarrister, Francis Burt Chambers

Ethics CommercialExplore the limits between professional advice and professional misconduct. Using the case study method for imparting practical information, look at illegality, professional competence and privilege through an example in commercial law. The case study opens by analysing a conventional sale of business transaction and then progresses by looking at:

• Conflicts of interest• Obligations of disclosure in negotiations• Legal capacity of your client to make decisions• The limits between professional advice and professional

misconduct• Explore what your ongoing disclosure requirements are in a sale

of business transaction

Discussions are framed by ethical considerations of practitioners and the limits on legal professional privilege and confidentiality. A light lunch is provided.

Level: General

1 point, Competency 3, Ethics and Professional ResponsibilityMember - $137 Non-member - $197 CPD Active - $0

Security for costs comes alive with a mock special appointment to see what must be proved to support an application for security for costs and what the respondent must raise in order to defend. Who will be successful? His Hon Judge Michael Gething will preside and decide.

This seminar demonstrates the technical rules in an informative and engaging ‘real-life’ seminar, with materials and tips provided to make your next application or defence clear, to the point and more likely to be successful.

Level: General

0.5 point, Competency 2, Professional Skills


Wednesday, 23 November4.30pm – 6.00pmSecurity for costs: a practical approachChair – His Hon Judge Michael GethingDistrict Court of Western Australia

Jessica HendersonBarrister, Francis Burt Chambers

Emma LuckBarrister, Francis Burt Chambers

Litigation Costs



This seminar examines costs in the areas of:

• The Legal Profession (Supreme Court) (Contentious Business) Determination 2016 and review of the new Supreme Court Scale

• Practical tips on how to prepare special costs applications and an update on the Supreme Court’s provisional assessment procedure

• Percentage Based Contingency Fees and their effect made to date in England and Wales with a particular focus on the area of personal injury

• Best practice and of recent disciplinary cases and guidelines on ethical billing from the Legal Profession Complaints Committee

Level: General

Tuesday, 22 November3.00pm – 5.45pmFocus on costsMatt Curwood Barrister, Francis Burt Chambers

Maria-Luisa Coulson Legal Practitioner Director, Coulson Legal

Philippa RezosSenior Legal Officer, Manager(Rapid Resolution Team), Legal Profession Complaints Committee

Amy PascoeResearch Consultant, Coulson Legal

Fraser Robertson,Barrister, John Toohey Chambers

Costs Practice Management

Member - $292 Non-member - $362 CPD Active - $0 1 point, Competency 4, Substantive Law


0.5 point, Competency 3, Ethics and Professional Responsibility


Contaminated sites and property transactionsChair – John SymintonDirector, Warren Syminton Ralph Pty Ltd

Peter BeekinkPartner, Lavan Legal

Craig WallacePartner, Lavan Legal

Property A contaminated site can have significant economic and planning implications on any property development. It is vital that lawyers dealing with property transactions be able to plan for and properly advise their clients of the impact and requirements of the Contaminated Sites Act 2003 (WA).

Address how the Contaminated Sites Act works, the process for dealing with memorials registered on titles to land under the Contaminated Sites Act and its impact on property transactions.

Level: Intermediate


A great opportunity for junior practitioners, and other practitioners wanting to brush up their knowledge, to receive practical advice on appearing before the Supreme, District and Magistrates Court.

The highly experienced speakers provide advice on general conduct in the courts; expectations of lawyers; insights into conducting pre-trial processes; and necessary documents for submission.

Hear directly from members of the Judiciary as to the main ‘dos and don’ts’ for court appearances.

There is facilitated Q&A time for attendees to have the chance to draw on their knowledge of the experienced judicial speakers.

Level: General


Thursday, 1 December5.30pm – 7.00pmA view from the BenchChair – John PriorBarrister, Francis Burt Chambers

Master Craig SandersonSupreme Court of Western Australia

Magistrate Stephen WilsonMagistrates Court of Western Australia

Speaker from District Court of Western Australia TBC

Practice and Procedure



Associations Incorporation Act 2015 (WA)Adam LevinPartner, Jackson McDonald

Elizabeth TylichPartner, Jackson McDonald

The laws governing incorporated associations in Western Australia have changed. The Associations Incorporation Act 2015 (WA) commenced operation on 1 July 2016 and has:

• repealed and replaced the Associations Incorporation Act 1987 (WA)

• made provision for corporate governance, financial accountability and matters relating to rules and membership of incorporated associations

• imposed specific eligibility requirements on members of the management committee of an incorporated association

Elizabeth Tylich provides an overview of the changes, and assesses the practical impact of the changes on the day to day management and governance of incorporated associations in Western Australia.

Level: Intermediate


Commercial


Building disputes: trouble in the suburbsChair – The Hon Justice Kenneth MartinSupreme Court of Western Australia

Rob Shaw, Partner, Lavan Legal

Peter Verrall, Complaints Manager,Building Commission, Department of Commerce

GiGi Visscher, Barrister, Francis Burt Chambers

Nabil Yazdani, Standards Manager, Building Commission, Department of Commerce

Chaired by the Hon Justice Kenneth Martin, explore the practical operation and effect of the Building Act 2011 (WA) and related legislation on neighbourhood building disputes. Particular focus is on the provisions in the Building Act relevant to the obligations of builders and others to neighbouring properties as well as the rights of people who have disputes with their own builder. The seminar wraps with an open panel discussion by the speakers and Building Commission representatives who help demystify the operation of the Building Act.



Building


Recent developments in Australian Consumer LawChair – The Hon Justice Neil McKerracherFederal Court of Australia

Colin LockhartCounsel, Corrs Chambers Westgarth

Peter DohertyBarrister, Francis Burt Chambers

The Competition and Consumer Act 2010 and more particularly the Australian Consumer Law are fundamental areas of law that have a significant impact on both the Australian economy and society in general.

Chaired by the Hon Justice Neil McKerracher, this seminar provides a timely overview and update on the Australian Consumer Law.

Colin Lockhart provides both an overview and update on misleading or deceptive conduct. While Peter Doherty provides both an overview and update on recent developments in unconscionable conduct.



Consumer


Treading the fine line between ‘adviser’ and ‘shadow director’ and managing your professional risk and protecting your legal role. Tim Kavenagh examines the law in relation to shadow and de facto directors and draws on his role as in-house counsel at two different mining companies to give some practical tips on how not to stray into a director’s role.

Level: General

In-house Ethics


In-house lawyers as shadow directors: managing and protecting your legal roleChair – Elisabeth EdwardsRegional Legal Counsel (WA),Brookfield Multiplex Australasia

Tim KavenaghPrincipal, Hunt & Humphry


Criminal Many lawyers deliver pleas in mitigation and act on violence and misconduct restraining orders as part of their day-to-day practice. Mara Barone provides practical guidance to practitioners on how to deliver more effective pleas in mitigation to ensure better outcomes for clients.

Belinda Lonsdale provides an essential overview of the law, practice and procedure for violence restraining orders and misconduct restraining orders. Highly recommended for lawyers who represent clients in these two key practice areas.

Level: Fundamental


Pleas in mitigation and restraining orders essentialsChair – Magistrate Richard BaylyMagistrates Court of Western Australia

Mara BaronePrincipal, Barone Criminal Lawyers

Belinda LonsdaleBarrister, Albert Wolff Chambers

0.5 point, Competency 4, Substantive Law



From ‘handbrake to happiness’ to ‘trusted advisor’Chair – Elisabeth EdwardsRegional Legal Counsel (WA), Brookfield Multiplex Australasia

Tanya HeaslipGroup General Counsel, Wright Prospecting Pty Ltd

Jan MacphersonGeneral Counsel, Brookfield Rail

The delicate balancing act between providing frank and fearless legal advice and playing a constructive role in the core business of the company. Tanya Heaslip and Jan Macpherson draw on their in-house experience and will present and discuss practical steps on how to address this balance, be part of the solution and become trusted advisors that play an integral part in board strategy.

Level: General

In-house Practice Management


Start learning online at elearning.lawsocietywa.asn.au SEMINARS 15

Law Summer School 2017Friday, 17 February 2017 – All dayUniversity Club, Hackett Entrance #1, Crawley WA 6009

Following on from the success of an outstanding conference earlier this year, Law Summer School 2017 is now in development and aims to provide another day of thought-provoking knowledge and discussions. We encourage you to save the date so you can take part, along with esteemed Australian and international legal experts, in an extraordinary collegial learning experience. Be inspired by fresh ideas and a great intimate environment to connect with and learn from members of your profession.

Expressions of interest email [email protected]

SAVE THE DATE

The Law Society continues its partnership with HBF in 2016 to provide members with free events and initiatives through the Wellness Programme. The Programme includes yoga and pilates sessions, employee wellness checks and seminars focused on improving mental health and wellbeing.

For more information on Law Society events, please visit our website and view our weekly email newsletter, Friday Facts.

Wellness Programme activities

Connecting you in the profession

Gala Dinner Friday, 9 September 2016BelleVue Ballroom, Perth Convention and Exhibition Centre

Join colleagues, friends and special guests at this premier social occasion for the legal profession. Featuring great food, wine, entertainment, dancing and a silent charity auction, this gathering promises to provide a great time for all.

Taking the opportunity to acknowledge the importance of the legal profession in Western Australia and to highlight the 10 year milestone of the Chief Justice, it is a celebration not to be missed.

Working in the legal profession can be rewarding and challenging at the same time. It is important that we find balance in our lives as we juggle careers, family, friends and hobbies.

The Law Society has developed a number of personal support services to assist members including:

• Access to LawCare WA: LawCare WA provides professional, confidential and free counselling and information services. Members can receive up to three sessions of counselling support covered by the Law Society.

• Senior Advisors Panel: The Senior Advisors Panel provides practitioners with access to experienced colleagues. Members of the Panel have indicated their willingness to be available to discuss professional conduct and ethical issues.

Celebrate the profession

Supporting you

Connect and socialise


The Law Society hosts a range of events for members and non-members including social, sporting and special interest events throughout the year.

Welcome to the ProfessionWednesday, 16 November 2016Pan Pacific Perth

Celebrate the admission of our newest legal professionals and hear an update on the Western Australian legal profession and what it means for you.

End of Year DrinksWednesday, 7 December 2016Lamont’s Bishops House

Catch up over drinks and canapés to finish 2016 with friends and colleagues.

If you are interested in joining the Law Society or have any queries on your existing membership, please feel free to contact our membership team on (08) 9324 8692 or [email protected]

Visit our website for further information on events and member initiatives at lawsocietywa.asn.au

Join the Law Society

Principal sponsor Production sponsorGold sponsors

Friday, 9 September 2016 6.30pm for pre-dinner drinksBelleVue Ballroom, Perth Convention and Exhibition Centre

Marking 10 years of service by the Hon Wayne Martin ACas Chief Justice of Western Australia

This event promises to be the premier social occasion for the legal profession including members of the judiciary and special guests visiting Perth for the Law Council of Australia September Directors meeting. With the purpose of acknowledging the importance of the profession in Western Australia and to highlight the 10 year milestone of the Chief Justice, it is a celebration not to miss.

Guests will be treated to a beautiful three course dinner accompanied by premium beverages, talented West Australian entertainers and a fun silent auction to raise funds for the Chief Justice’s Law Week Youth Appeal Trust.

Part proceeds raised go to Holyoake

Holyoake would like to thank the Law Society of Western Australia for naming it the recipent of part proceeds raised.

To register visit lawsocietywa.asn.au/gala-dinner

Note: The Society endorses moderation and a responsible attitude towards alcohol at all Society functions.

CONNECTINGTHE LEGAL PROFESSION

P: (08) 9324 8600 | E: [email protected] | W: lawsocietywa.asn.au

Supporting you professionally and personally through

professional development,

networking events and keeping you

up to date with the latest news.

REPRESENTINGYOU

Advocating on issues that matter

to you and the profession through submissions and

advisory initiatives.

ADVOCATINGFOR YOU

YOUR ESSENTIAL MEMBERSHIP

SUPPORTING YOU

Representing the profession through community

engagement, access to justice initiatives and

community programmes.

september-december 2016 cpd programme

Documents