Regional workshop series: Townsville

Thursday 5 August 2010, 8:10am–5:30pm
Mercure Inn, Woolcock Street, Townsville

Overview

Practical Legal Ethics Practice Management & Business Skills Professional Skills 8 CPD points

This comprehensive workshop covers key practice management issues such as increasing practice profits through effective client communication, practical tools to assist firms manage insurance risk, and insights into how to avoid legal ethical conflicts. It also focuses on some major legislative changes including the impact of conveyancing legislation change, changes to criminal practice stemming from the Civil and Criminal Jurisdiction reform and Modernisation Amendment Bill and considering distinction from the Fair Work Act and previous legislation.

Course code: 100805R

Session 1 – 2 CPD points

8:10am–8:15am
Welcome from the Chair
  • Speaker: Angela Lowe – Ruddy, Tomlins & Baxter and President of the Townsville District Law Association
8:15am–9:15am
Practice management/business skills core area – The link between costs communication and practice profitability
Practice Management & Business Skills

The Legal Profession Act 2007 imposes certain legislative obligations on practitioners with regards to costs communication. Practitioners should, however, treat such legislative obligations as only a starting point for their cost communications and should instead focus on a best practice approach. This session will focus on:

  • a best practice approach to costs communication; and
  • how such a practice approach can ultimately lead to improved practice profitability through –
    • improved client satisfaction
    • work in Progress recovery rates
    • matter profitability margin
    • working capital management
  • Speaker: Giles Watson – Practice Support Manager, Queensland Law Society
9:15am–10:15am
Practical legal ethics compulsory core area
Practical Legal Ethics

Queensland Law Society Senior Ethics Lawyer, Neil Watt will lead a spirited interactive discussion on:

  • current developments in national regulation
  • the proposed new national Solicitors Conduct Rule
  • conflicts and how to avoid them
  • undertakings and how not to avoid them
  • our duties to be courteous – or not
    and much more – all delivered with the energy and humour that Neil is known for throughout Australia. Your compulsory practical legal ethics CPD point has never been this enjoyable.
    • Speaker: Neil Watt – Ethics Consultant
    10:15am–10:30am
    Morning tea

    Session 2 – 2 CPD points

    10:30am–11:00am
    Lexon enhanced management review program and update

    Lexon will provide an update on major insurance issues and practical tools for the profession including an outline of Procedure Packs to be released during 2010. Offered purely on optional and no cost basis, the Procedure Packs are set to assist firms self review files and manage files. Lexon will give an overview of the Enhanced Management Review Program involving levy discounts for the 2010/2011 year for firms electing to participate.

    • Speaker: Tracy Skellern-Smith – Legal Risk Solicitor, Lexon Insurance
    11:00am–11:15am
    Conveyancing legislation update

    The PAMDA amendments were introduced recently with the Act set to commence on or around 1 October. When commenced, practitioners will have to adopt the new laws to their daily conveyancing practice. This session focuses on:

    • a Conveyancing Protocol update
    • an update on Property Agents and Motor Dealers (PAMDA) and how this will impact in practice
    11:45am–12:30pm
    Termination of contracts

    Understanding the grounds and requirements of termination of contracts is essential for property law practitioners. This session will consider:

    • examples of situations in which contracts are being terminated
    • ensuring the rights of the parties when a contract is terminated
    • the requirements for termination
    • the common mistakes made in the exercise of rights of termination
    • practical case study examples
    12:30pm–1:15pm
    Lunch

    Session 3 – 2 CPD points

    1:15pm–3:15pm
    Moynihan review – Understanding the Moynihan reforms – changes to criminal practice arising from the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010
    Professional Skills

    The Bill, introduced into Parliament on 13 April 2010, effects major changes to criminal procedure through making significant amendments to the Criminal Code, the Criminal Practice Rules 1999, the Justices Act 1886 and many other statutes. This session will provide attendees with detailed advice about the major reforms to criminal procedure arising from the implementation of the Moynihan reforms, and their impact on criminal practice and advocacy. Topics to be discussed include:

    • understanding the changes to the summary disposition of indictable matters and the changed elections as to jurisdiction; and the changes to the criminal jurisdictions of the Supreme and District Courts
    • advocacy – conducting committal proceedings under the new provisions, including making applications to call and cross-examine prosecution witnesses
    • explaining the changes to disclosure and the making of applications for disclosure obligation directions
    • noting the amendments to the Bail Act 1980 and changes affecting ex officio indictment procedure
    • exploring the impacts of the reforms on duty lawyer appearance work, and
    • understanding the relevant transitional provisions.
    3:15pm–3:30pm
    Afternoon tea

    Session 4 – 2 CPD points

    3:30pm–5:30pm
    Employment law intensive

    Relevant for all solicitors, whether for their own practice or to assist in advising clients, this interactive session steps through key aspects of employment law affecting employers and employees alike and provides guidance on:

    • understanding the new legislation and how it works
    • drawing distinctions between the Fair Work Act and previous legislation
    • reviewing the unfair dismissal provisions under the Fair Work Act and the increased use of the new general protection provisions
    • complying with the national employment standards and modern awards including considering the effect on award and non award employees
    • Speaker: David Miller – National Manager - Workplace Legal Services, The Australian Industry Group

    Featured Speakers

    • Angela Lowe
      Ruddy, Tomlins & Baxter and President of the Townsville District Law Association
    • David Miller
      National Manager - Workplace Legal Services, The Australian Industry Group
    • Tracy Skellern-Smith
      Legal Risk Solicitor, Lexon Insurance
    • Giles Watson
      Practice Support Manager, Queensland Law Society
    • Neil Watt
      Ethics Consultant