Regional workshop: Rockhampton

Thursday 16 June 2011, 8:10am–5:45pm
Rockhampton Plaza Hotel, 161-167 George Street, Rockhampton Qld 4700

Overview

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

This regional road show covers major legislative changes that continue to impact property and conveyancing practice, the financial impact of stamp duty on clients, key issues in estate planning, and the changing landscape of Civil Liability. It also focuses on changes to criminal practice and procedure in the Magistrates Court stemming from the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010. In addition, a free member seminar will be delivered by Assure Programs on strategies to build and foster resilient practices.

Special offer
Register for all four sessions and receive a bonus three-hour DVD covering all core subjects for the 2011/2012 CPD year.

Course code: 110616R

Session 1: Estate planning and succession law update – 2 CPD points

8:10am–8:15am
Welcome from the Chair
  • Chair: Steven Deaves – Partner, South & Geldard Solicitors
8:15am–10:30am
Estate planning workshop (Paper)

Recent case law and legislative changes have brought trust related estate planning into sharp focus. It is therefore, vital to have a clear understanding of the current strategies available. This interactive session is designed to focus on the relationship between trusts and comprehensive estate planning.
Using a case study, follow the succession planning needs of one client through changes to his personal and business affairs, exploring the issues found in:

  • managing potential family provision applications
  • business succession planning
  • superannuation
  • succession planning for structures
  • tax issues relevant to succession planning and estate administration.

Tax effective estate planning
Testamentary trusts remain a useful tool in estate planning. This session will be refresher on the benefits of testamentary trusts, and canvasses the issues of structuring testamentary trusts in Wills.

  • Speaker: Peter Vilaysack – Senior Associate, McCullough Robertson
this session proudly sponsored by
McCullough Robertson

10:30am–10:45am
Morning tea

Session 2: Property law and conveyancing update – 2 CPD points

10:45am–12:15pm
Practical tips to adopt recent legislative changes into your practice (Paper)

This session considers recent legislative that affect property practices. It will examine a number of case studies that illustrate the necessary changes in conveyancing practice, the continuing risks of non-compliance and suggestions for risk minimisation for lawyers and clients.

Property Agents and Motor Dealers and Other Legislation Amendment Act 2010 (PAMDA) and the new regime
Significant amendments to the Property Agents and Motor Dealers Act were introduced by the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010, which took effect on 1 October 2010. Aimed at simplifying the compliance process, the new provisions make changes to the process for entry into a contract for sale of residential property.

Building and Other Legislation Amendment Act (No 2) 2010
This legislation affects pools associated with dwellings such as offices, retail premises, car parks, warehouses and factories. The session considers:

  • pool safety requirements, such as swimming pool safety compliance certificates
  • pre-contractual and pre-sale disclosure obligations
  • warning statements
  • termination rights
  • penalties for non-compliance.

Body Corporate and Community Management Amendment Bill 2010
This Bill proposes to amend the Body Corporate and Community Management Act 1997. The proposed changes include the calculation of contribution schedule lot entitlements in new schemes; limit the liability to adjust contribution schedule lot entitlements and give certain rights to owners in existing community title schemes to reverse previously adjusted schedule lot entitlements. New obligations of disclosure are also proposed under the Bill.

  • Speaker: Tony Charlesworth – Solicitor, McCullough Robertson
this session proudly sponsored by
McCullough Robertson

12:15pm–12:45pm
Stamp duty update (Paper)

Stamp duty has a significant financial impact on many of the transactions that clients undertake on a daily basis. This session provides practical tips and strategies that arise from these changes including:

  • brief outline of the recent changes to stamp duty
  • their impact on some common transactions
  • Queensland’s unique approach to imposing duty on transactions involving unit trusts and practical ways of minimising your client’s exposure to duty when dealing with unit trusts
  • Speaker: Duncan Bedford – Senior Associate, McCullough Robertson Lawyers
12:45pm–1:30pm
Lunch

Session 3: Family law and personal injuries focus – 2 CPD points

1:30pm–2:30pm
A best practice guide to family law – children’s cases (Paper)

Providing an overview of the fundamentals of family law children’s matters, this session is designed for those who are new to family law practice or those seeking a refresher and discusses:

  • proceedings in the Federal Magistrates Court and case preparation
  • which forms to use and when
  • identifying what should and shouldn’t be covered in affidavits in both interim and final proceedings
  • knowing when to issue subpoenas (interim hearing) and the scope of coverage
  • preparing your client for the family report interview and tips for overcoming adverse findings in the family report.
  • Speaker: Trent Waller – Partner, Carne Reidy Herd Lawyers and Accredited Specialist – Family Law
2:30pm–3:30pm
The Changing Landscape of Civil Liability (Paper)

The provisions of Civil Liability and Other Legislation Amendment Act 2010 have made significant changes to damages, dust related claims and limitation periods in addition to introducing spouse’s remedies for loss of impairment and consortium. This session considers these key provisions which affect lawyers practising in the area of personal injuries and looks at:

  • the removal of limitation periods for dust-related conditions
  • outlining the increased schedule of general damages which will apply to injuries arising from 1 July 2010
  • applying indexation of threshold amounts for injuries arising on or after 1 July 2010
  • restricting awards of interest on awards in certain circumstances
  • circumstances which may allow for urgent proceedings to be commenced
  • Speaker: Harry Dignan – Special Counsel, Turner Freeman Lawyers
3:30pm–3:45pm
Afternoon tea

Session 4: Free for Queensland Law Society Members – 2 CPD points

3:45pm–4:30pm
Practice and procedure in the District and Magistrates Courts (Paper)

The Civil and Criminal Jurisdiction Reform and modernisation Amendment Act 2010 introduced changes to jurisdictional powers including the civil monetary jurisdictions of the District and the Magistrates Courts. Following these changes, new practice directions have been effective from 1 November 2010 in Magistrates and District Courts. Focussing on the application of the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, this session expands on the relevant sections practitioners should be mindful of, with particular emphasis on changes to the monetary jurisdictional limit of the District and Magistrates Court.

  • Speaker: Anand Shah – Barrister, Queensland Bar
4:30pm–5:45pm
Developing resilience in practice (Paper)
Practice Management & Business Skills Professional Skills
  • recent research findings
  • identifying the symptoms of depression in the workplace – a practitioner’s personal story
  • assessing the health of your firm – what are the key indicators?
  • our roles as leaders in championing preventative strategies to build resilience in our firms – including a case study of the Texas Bar, who have implemented a buddy system to better support their regional and rural colleagues
  • other tips on implementing appropriate strategies in your firm
  • what other services and support are available?

This session satisfies the mandatory 1 CPD point for the Professional skills OR Practice management and business skills core area for the 2010/2011 CPD year

  • Speaker: Janet Quaife-Ryan – Consultant Psychologist, Assure Programs (provider of Queensland Law Society's LawCare)
  • Chair: Mitchell Read – Legal Risk Solicitor, Lexon Insurance
5:45pm–6:15pm
Networking drinks