Free Seminar

Post-flood recovery

Wednesday 9 February 2011, 5:30pm–8:00pm
Law Society House, 179 Ann Street

Overview

2.5 CPD points

This seminar will be made available following the event on the QLS website (via YouTube), to register your interest in viewing this seminar after the event please email your contact details to resources@qls.com.au.

The Queensland Law Society will be hosting a free member seminar covering post flood issues, including typical insurance claim policy and coverage issues for homes and businesses, conveyancing issues, employment law considerations, along with a Q&A panel on law firm recovery. This seminar will also be made available via videoconference to regional centres and on the Queensland Law Society website (via YouTube) post event, details of viewing this seminar online will be made available after the 9th of February.

If you have any specific issues you would like to see covered in this seminar, please email the Manager of Professional Development, Holly Bretherton (h.bretherton@qls.com.au)

Course code: 110209

5:25pm–5:30pm
Welcome from the Chair
  • Chair: Noela L'Estrange – Chief Executive Officer , Queensland Law Society
5:30pm–6:20pm
Typical insurance claims issues arising for home and business

Types of insurance policies

  • Home and contents insurance
  • Business insurance
  • Motor vehicle insurance
  • Life, TPD and income protection insurance

What is covered/excluded

  • Flood
  • Storm
  • Flash flooding
  • Storm or tidal surge
  • Natural disaster

Types of Benefits

  • Fixed price/replacement value
  • Clean up costs
  • Temporary accommodation costs

How to claim

  • Claims process
  • Time lines
  • Further claims

Complaints

  • Internal Dispute Resolution complaints
  • Financial Ombudsman Service
  • Court
  • Speaker: John Berrill – Principal, Superannuation & Insurance Claims, Maurice Blackburn, Melbourne
  • Paul Watson – Legal Executive, Superannuation & Insurance Claims, Maurice Blackburn, Brisbane
6:20pm–6:40pm
Legal issues for small business clients as they recover and return to operation
  • Force Majeure provisions
  • Review material contracts that may not have Force Majeure
  • Review finance contracts and obligations including Material Adverse Change provisions
  • Post-flood recovery – Directors’ duties and obligations
  • Post-flood recovery risks and Trade Creditor concerns
  • Post-flood considerations of weather consequences in commercial contracts
  • Speaker: Robert Milbourne – Partner, Norton Rose
6:40pm–6:55pm
Evening break
6:55pm–7:30pm
Conveyancing issues and termination of leases
  • Rights to terminate commercial or residential tenancies as a consequence of destruction or damage to property as a result of the floods
  • Rights to terminate for sellers or buyers as a consequence of Section 64 of the Property Law Act
  • Misrepresentation (about flooding) prior to sale
  • Further issues relating to time being of the essence
  • Settlement date (extensions and obligations)
  • Implications for First Home Buyers grant (tied to time)
  • Land Tax exemptions for property used as a residence
  • Speaker: Stephen Jones – Consultant Lawyer
7:30pm–8:00pm
Key employment law issues
  • standing down employees without pay where an organisation is forced to close
  • legalities around working from home and alternative work – e.g. clean up of premises
  • redundancy issues
  • other employment issues that may likely br encountered in podt flood recovery
  • Speaker: David Miller – National Manager - Workplace Legal Services, The Australian Industry Group
  • Speaker: Neil Henderson – Director - Qld, Association of Professional Engineers, Scientists and Managers, Australia
8:00pm–8:20pm
Law firm recovery Q&A panel
  • Speaker: Bill Hourigan – Manager, Trust Accounting Investigations, Queensland Law Society
  • Speaker: Stafford Shepherd – Senior Ethics Solicitor, Queensland Law Society

Event Sponsors

HLB Mann Judd