4th annual

Gold Coast Symposium 2011 – Day 1

Friday 20–Saturday 21 May 2011, 8:50am–5:00pm,8:50am–2:15pm
Holiday Inn Surfers Paradise, 22 View Avenue, Surfers Paradise, Qld 4217

Overview

Practical Legal Ethics Practice Management & Business Skills Professional Skills 10 CPD points

Designed in collaboration with the Gold Coast District Law Association, this year’s program offers a choice of sessions including the latest property law legislative changes and case updates, small business law (including insurance issues post disaster recovery), family law, civil litigation, employment law, succession law, and criminal law. The sessions on the business of ethics, social media strategies for small practices and a panel discussion on how to foster resilience in practice cover the compulsory CPD points.

Delegates are invited to attend the pre-conference Vincents’ half-day workshop – Valuing your practice. Other program highlights include a keynote address delivered by the Honourable Michael Kirby AC CMG, who will also be available for book signing at morning tea, the opportunity to meet special guest Deputy Premier and Attorney-General, Minister for Local Government and Special Minister of State, the Honourable Paul Lucas MP, who will speak at the conference dinner on Friday evening.

Course code: 110520R

6 CPD points
8:50am–9:00am
Welcome

Introduction to the opening plenary speaker: Dr A J Brown, John F Kearney Professor of Public Law, Griffith Law School, Griffith University

  • Chair: Ross Lee – Principal, Lee Lawyers and Past President and Vice President of the Gold Coast District Law Association
9:00am–10:00am
Opening Plenary

Citizen rights and local communities: The challenges for lawyers over the next fifty years

The Honourable Michael Kirby AC CMG will reflect on changes in the law in His Honour’s life time and the challenges ahead. His talk this year coincides with the release of the biography of him written by Professor A.J. Brown at Griffith University in Queensland. Based on seven years’ research, the biography traverses Mr. Kirby’s 35 years as a judge, including his decade as the inaugural chairman of the Australian Law Reform Commission and his 13 years as a Justice of the High Court of Australia

Speaker: The Honourable Michael Kirby AC CMG

  • Speaker: Dr A J Brown – John F Kearney Professor of Public Law, Griffith Law School, Griffith University
10:00am–10:30am
Morning tea
10:30am–11:30am
Law: a lost profession? (Paper)
Practical Legal Ethics

Taking a different approach to the traditional discussion of practical legal ethics, this session explores issues such as:

  • ethics and professionalism: what do they mean and why are they important to us and the community?
  • business versus professionalism, or the business of professionalism?
  • some emerging issues and trends
  • balancing competing values in the interests of a sustainable business and profession
  • Speaker: David Williams – Principal, The Walton Group
  • Chair: Neil Watt – Ethics Consultant
Civil litigation focus
11:30am–12:00pm
The impact of the Moynihan changes on the civil justice system (Paper)

Reforms to the civil justice system under the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 became effective on 1 November 2010. The monetary limits for the civil jurisdiction of Queensland Magistrates Courts and the District Court have now increased substantially. This session will explore:

  • the application of the changes
  • the consequential changes that affect the civil litigation process
  • Speaker: Damian Mohr – Senior Solicitor and Consumer Advocate Civil Justice (Consumer Protection), Legal Aid Queensland
this session proudly sponsored by
CITEC Confirm

12:00pm–1:00pm
Building and construction contracts: tools for resolving construction disputes (Paper)

Commercial litigators, before you draft your statement of claim, consider the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) (Qld) and the Subcontractors’ Charges Act 1974 (SCA) This session considers:

  • the operation, the application and the crucial time lines under BCIPA (Qld) and SCA
  • security for payment or subcontractors charge
    • which clients do they apply to and when?
    • which option will get your client paid faster?
    • which Act provides better security for your client?
  • challenging charges and decisions under BCIPA (Qld) and SCA
  • case studies of success stories and fatal mistakes in using both Acts
  • the merging of rapid resolution under BCIPA (Qld) and charging monies up the contractual chain under SCA through amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW)
  • Speaker: Janelle Kerrisk – Partner, Holding Redlich Lawyers
  • Speaker: Declan Kissane – Barrister, Queensland Bar
  • Chair: Matthew Harman – Solicitor, Cronin Litigation Lawyers
Property law focus
11:30am–12:20pm
Personal Property Securities Act 2009 (Paper)

This session provides a summary and guidance for solicitors advising commercial clients in relation to the Personal Property Securities Act 2009 – with commercial decisions dictated by the new legal framework set out in this Act. Highlighting the essential provisions and fundamental changes, the session provides delegates with an opportunity to:

  • identify the types of transactions that fall within the new regime; and
  • the timeline of the reform
  • Speaker: Derek Cronin – Principal, Cronin Litigation Lawyers
this session proudly sponsored by
CITEC Confirm

12:20pm–1:00pm
Body Corporate and Community Management legislation update (Paper)

A key change proposed in the Body Corporate and Community Management and Other Legislation Amendment Bill 2010, is the way the lot entitlements system operated under the Body Corporate and Community Management Act 1997. This session will provide an overview of:

  • the significance of the proposed changes
  • the proliferation of disputes between resident managers and bodies corporate; and
  • topical by-law issues
  • Speaker: Phil Pennington – Partner, Gadens Lawyers
  • Chair: Pam Roberts – Solicitor, Woods Hatcher Lawyers
1:00pm–2:00pm
Lunch
Small business law focus
2:00pm–2:45pm
Typical insurance claim and legal issues for small business clients (Paper)
  • personal insurance versus commercial insurance
  • Force majeure provisions
  • a review of material contracts that may not have force majeure
  • a review of finance contracts and obligations including material adverse change provisions
  • directors’ duties and obligations
  • insolvency risks and trade creditor concerns in post-flood situations
  • considerations of weather consequences in commercial contract
  • Speaker: Ross Lee – Principal, Lee Lawyers and Past President and Vice President of the Gold Coast District Law Association
2:45pm–3:30pm
Legal Services Award update (Paper)

The Legal Services Award under the Fair Work (Commonwealth Powers) and Other Provisions Act which commenced on 1 January 2010, stipulates the conditions for legal clerical and administrative employees, articled clerks, law graduates, law clerks and senior legal administration employees. This session provides a summary of the Legal Services Award in operations including:

  • indentifying employees who are covered by the Legal Services Award and those who are not
  • ensuring compliance with the Award
  • applying the Award in practice
  • Speaker: Brett Wilson – Principal, Aitken Wilson Lawyers
  • Chair: Mary Atallah – Partner, JHL Lawyers
Criminal law focus
2:00pm–3:30pm
Changes to criminal practice arising from the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 (Paper)

Speakers will consider the reforms arising from the implementation of the Moynihan reforms and their impact on criminal practice and advocacy such as:

  • understanding the changes to the summary disposition of indictable matters and the changes to the criminal jurisdictions of the Supreme and District Courts;
  • changes to committal hearings
    • 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;
  • Speaker: Cameron Browne – Director, Potts Lawyers
  • Chair: Mark Treherne – Principal, Mark Treherne & Associates
3:30pm–3:50pm
Afternoon tea
3:50pm–4:55pm
Closing Plenary – Networking strategies for lawyers – face to face and online (Paper)
Practice Management & Business Skills

A lot of lawyers think networking is about attending an event and assuming people will then make contact with you when they need your service. The great networkers realise this is not the case. In this highly engaging and interactive session Masa Cemazar will share realistic and proven networking strategies including:

  • seven methods for staying in touch with people of influence without becoming a stalker
  • what do great networkers do on a daily basis
  • how the five by five touch system should work for you as a lawyer
  • how to effortlessly get into conversations with new people at events
  • how to develop a simple one page networking plan for the remainder of 2011
  • how to build and then maintain your on line profile
  • the three biggest mistakes most lawyers make when networking
  • why great networkers focus on giving, not getting
  • how to remember people’s names using the NRG Solutions, R.A.I.L technique
  • the three golden rules for generating more and better referrals
  • how to build your practice through refining your networking skills
  • Chair: Ross Lee – Principal, Lee Lawyers and Past President and Vice President of the Gold Coast District Law Association
  • Speaker: Dr Masa Cemazar – Leadership and Networking Consultant, NRG Solutions
4:55pm–5:00pm
Close
6:30pm–late
Networking drinks and dinner

Join your friends and colleagues accompanied by your family for drinks and a three course dinner with the opportunity to meet and greet the new Attorney General, Deputy Premier, the Minister for Local Government and the Special Minister of State, The Honourable Paul Lucas MP. The Attorney General will address the delegates at dinner.

  • Speaker: The Honourable Paul Lucas MP – Deputy Premier and Attorney-General, Minister for Local Government and Special Minister of State

Featured Speakers

Event Sponsors

Vincents Chartered Accountants (all events)
CITEC Confirm
Worrells (link to PDF document)
Macquarie Bank