Regional workshop: Bundaberg

Thursday 21 July 2011, 8:15am–5:30pm
Best Western Boulevard Lodge, 10 Johanna Boulevard, Bundaberg Qld 4670

Overview

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

This comprehensive workshop will canvass the financial impacts of stamp duty on clients, best practice in family law children’s cases, drafting consent orders in matrimonial and de facto property settlements, the challenges in parenting cases and much more.

As an added bonus, join Queensland Legal Aid as they share experiences from across the state in criminal matters post-Moynihan.

Plus – Assure Programs will run a FREE member seminar on strategies to build and foster resilient practice.

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: 110721R

Session 1: Property law and conveyancing update – 2 CPD points

8:15am–9:30am
Practical tips to adopt recent legislative changes into your practice (Paper)
Practice Management & Business Skills Professional Skills

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.

  • Chair: Mitchell Read – Legal Risk Solicitor, Lexon Insurance
  • Speaker: Mitchell Beck – Senior Associate, Flower and Hart Lawyers
9:30am–10:15am
Stamp duty update (Paper)
Professional Skills

Stamp duty has a significant financial impact on many of the transactions clients undertake on a daily basis. Presented by a representative of the Office of State Revenue, this session focuses on:

  • the recent changes to stamp duty
  • the effect of these changes on common transactions
  • Queensland’s approach to imposing duty on transactions involving unit trusts.
  • Speaker: Ms Martina McMahon – Senior Client Education Officer, Office of State Revenue
10:15am–10:30am
Morning Tea

Session 2: Estate planning and criminal law update – 2 CPD points

10:30am–11:30am
Estate planning and managing family provision risk (Paper)
Professional Skills
  • identifying and dealing with estate and non-estate assets
  • identifying and managing family provision risk
  • family provision cases – update

Estate lawyers toolkit

  • section 18 – informal wills – testamentary intention test
  • section 21 – statutory wills for persons lacking capacity
  • discussion of recent cases
  • capacity issues –
    • Different tests for capacity
    • Evidentiary matters – what are your obligations

Estate planning for rural families

  • inter vivos transfers v testamentary dispositions
  • tax implications – tips and traps
  • Speaker: Caite Brewer – Barrister, Queensland Bar and Accredited Specialist - Succession Law (Qld)
  • Speaker: Fred Smith – Principal, McInnes Wilson Lawyers
11:30am–12:30pm
Criminal Law post-Moynihan – 9 months on (Paper)
Professional Skills

The post-Moynihan implementation of the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act is producing interesting results for criminal cases at the committal stage of proceedings. With practitioners experiencing the new parameters for cross examination and the approaches being taken by Magistrates to criminal proceedings post-Moynihan, this interactive forum sets out the experiences and challenges of criminal law practitioners across the state, including recommendations for practice based on good experiences by Legal Aid Queensland.

  • Speaker: Su Ganasan – Legal Aid Queensland
12:30pm–1:15pm
Lunch

Session 3: Family law update – 2 CPD points

1:15pm–2:00pm
A best practice guide to family law – children’s cases (Paper)
Professional Skills

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: Genevieve Dee – Senior Associate, Cooper Grace Ward Lawyers, Accredited Family Law Specialist and Queensland Law Society Council Member
2:00pm–2:35pm
Best practice guide to draft Consent Orders for matrimonial and de facto property settlements (Paper)
Professional Skills

When preparing Final Consent Orders, there are specific considerations and best practices that practitioners should adhere to. This session is designed to update practitioners on recent cases in the determination of de facto property matters, and highlight specific areas of concern for practitioners when drafting Consent Orders in matrimonial and de facto property settlement matters. Genevieve will discuss:

  • management of key issues involving disclosure and your obligations
  • new and established drafting skills for solicitors to practice
  • what to pay attention to in recent cases involving separation and de facto disputes.
  • Speaker: Genevieve Dee – Senior Associate, Cooper Grace Ward Lawyers, Accredited Family Law Specialist and Queensland Law Society Council Member
2:35pm–3:15pm
Challenges in parenting cases – exceptions, urgency and parental responsibility (Paper)
Professional Skills

Focusing on the two key aspects of arguing an exemption to counselling certificates prior to filing an initiating application and rebutting the presumption of shared parental responsibility this session provides practical advice on how to:

  • determine whether the exemptions to filing a counselling certificate apply – s60I(9) of the Family Law Act
  • structure the affidavit outlining the reasons for seeking an exemption for filing a counselling certificate
  • apply s60J of the Family Law Act when seeking an exemption to dispute resolution – family violence and abuse to the child
  • raise factors to rebut the presumption of shared parental responsibility early and convincingly
  • interpret relevant case including Goode & Goode (2006) FLC 93-286, Rosa v Rosa 2009 FamCAFC 81 and MRR v GR 2010 HCA 4 (3 March 2010)
  • Speaker: Nichola Di Muzio – Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist - Family Law (Qld)
3:15pm–3:30pm
Afternoon Tea

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

3:30pm–4:15pm
WorkCover update (Paper)
Professional Skills

Presented by Jose Cruz, Principal Solicitor, WorkCover Queensland, this session focuses on the amendments to the Workers’ Compensation and Rehabilitation Act 2003 including the amendments and reforms to damages under the Civil Liability Act 2003, liability changes, cost implications and the interaction with Personal Injuries Proceedings Act 2002.

  • Speaker: John Kinnane – WorkCover Queensland
4:15pm–5:30pm
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
  • other tips on implementing appropriate strategies in your firm
  • 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: Gregory Bell – Psychologist, Assure Programs - provider of Queensland Law Society's LawCare
5:30pm–6:00pm
Networking drinks

Featured Speakers

  • Mitchell Beck
    Senior Associate, Flower and Hart Lawyers
  • Gregory Bell
    Psychologist, Assure Programs - provider of Queensland Law Society's LawCare
  • Caite Brewer
    Barrister, Queensland Bar and Accredited Specialist - Succession Law (Qld)
  • Genevieve Dee
    Senior Associate, Cooper Grace Ward Lawyers, Accredited Family Law Specialist and Queensland Law Society Council Member
  • Su Ganasan
    Legal Aid Queensland
  • John Kinnane
    WorkCover Queensland
  • Ms Martina McMahon
    Senior Client Education Officer, Office of State Revenue
  • Nichola Di Muzio
    Senior Associate, Cooper Grace Ward Lawyers and Accredited Specialist - Family Law (Qld)
  • Mitchell Read
    Legal Risk Solicitor, Lexon Insurance
  • Fred Smith
    Principal, McInnes Wilson Lawyers