Regional workshop series: Toowoomba

Thursday 21 October 2010, 8:10am–5:00pm
Picnic Point, 164 Tourist Rd, Toowoomba

Overview

Practical Legal Ethics Practice Management & Business Skills Professional Skills 7.5 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 distinctions from the Fair Work Act and previous legislation.

Course code: 101021R

Session 1 – 2 CPD points

8:10am–8:15am
Welcome from the Chair
  • Speaker: Carolyn Howe – Associate, Shine Lawyers and President of the Downs & South-West 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 Act (PAMDA) and how this will impact in practice
    • Speaker: Mitchell Beck – Senior Associate, Flower and Hart Lawyers
    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
    • Speaker: Mitchell Beck – Senior Associate, Flower and Hart Lawyers
    12:30pm–1:15pm
    Lunch

    Session 3 – 1.5 CPD points

    1:15pm–2:45pm
    Understanding the Moynihan reforms – Changes to criminal practice arising from the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
    Professional Skills

    The above Act, passed by the Queensland Parliament on 3 August 2010 and Proclaimed in parts on 1 September and
    1 November, 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
    • 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
    • understanding the relevant transitional provisions
    2:45pm–3:00pm
    Afternoon tea

    Session 4 – 2 CPD points

    3:00pm–5:00pm
    Estate planning workshop

    Exploring changes to estate planning needs. Using a case study, follow the succession planning needs of one client through changes to his personal and business affairs. Within this context the following issues will be explored:

    • managing potential family provision applications
    • business succession planning
    • superannuation
    • succession planning for structures
    • tax issues relevant to succession planning and estate administration
    • Speaker: Frances Fredriksen – Senior Associate, McCullough Robertson
    5:00pm–6:30pm
    Networking drinks

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