Regional workshop: Townsville

Wednesday 14 September 2011, 8:45am–5:00pm
Mercure Townsville, Woolcock Street, Townsville Qld 4810

Overview

Practical Legal Ethics Practice Management & Business Skills Professional Skills 6.5 CPD points

This workshop presents the essential updates for property, family, criminal and estate law. Understand the new issues in conveyancing; develop an applied understanding of the recent legislation for withholding financial support in domestic violence cases; know the imperatives for your criminal files based on pooled updates from Legal Aid, and receive a prioritised 10 point update on estate planning and family provision for wills and estates.

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: 110914R

Session One – 1.5 CPD points

8:45am–9:00am
Keynote: Lexon claims update on avoiding risk
  • Chair: Tracy Skellern-Smith – Legal Risk Solicitor, Lexon Insurance
9:00am–9:30am
Commercial leases and insurance issues following Cyclone Yasi
  • examples of people being given the wrong advice in relation to insurance
  • issues of accepting offers from insurance companies; payouts and short falls
  • experiences in relation to determining the extent of works
  • business rent increases as evictions to enable construction
  • damaged possessions and property; problems with assessors
  • council and insurance issues for rebuilding in an affected area
  • Speaker: John Hughes – President of Tully and District Chamber of Commerce
9:30am–10:30am
Practitioners Survival Guide for Cyclones and Disasters (Paper)
  • leases: consequences of destruction or damage to a leased premises and the parties rights and obligations
  • contract: Consequences of destruction or damage to a premises the subject of a contract and the parties rights and obligations
  • commercial solutions: ways of resolving disputes or problems and avoiding Court
  • business planning: insurance issues, adequate disaster and business continuity plans – learning and getting organised for the next disaster
  • Speaker: Michael Keir – Chairman of Partners, MacDonnells Law
  • Speaker: Donna Patane – Associate, MacDonnells Law
10:30am–10:45am
Morning Tea

Session Two – 1.5 CPD points

10:45am–11:15am
Personal Injuries and Compensation by WorkCover Queensland (Paper)

Presented by WorkCover Queensland, this session focuses on the practical processes and prospects concerning applications under the Workers’ Compensation and Rehabilitation Act 2003, including the damages under the Civil Liability Act 2003, liability, cost implications and the interactions with Personal Injuries Proceedings Act 2002.

  • Speaker: Andre Wyman – WorkCover Queensland
11:15am–12:15pm
A Criminal Law Potpourri
  • a practical problem with the Recent TORUM Amendments
    - the 01/07/11 amendments require immediate suspension of a mid-range reading, but a mid-range driver is still eligible for a work licence – how does he survive in the 6 weeks or so between arrest and finalizing of his work licence application?
  • what is police “obstruction”?
    - a very common charge, but also one capable of raising serious questions as to personal liberty – eg, when does a duty not to obstruct become transformed into a duty to co-operate?
  • thinking outside the square for effective defences
    - all lawyers look to Chapter 5 of the Code; but don’t overlook other possibilities eg, “unlawfully” in connection with common Summary Offences Act charges.
  • two bites of the Cherry: section 16 & double punishment
    - based upon one act of striking, defendant is charged with (i) common assault, and (ii) breach of a DV Order: is he punishable for both?
  • horses for Courses: the rule in Saraswati v The Queen
    - an interpretative rule capable of wide application in criminal cases
  • Recurring errors: “wilfully”
    - no matter how many times the Court of Appeal affirms the test in R v Lockwood, the police continue to charge unsustainable cases – lack of police training, or simply ignoring the courts?
  • Speaker: John Aberdeen – Barrister, Legal Aid Queensland
12:15pm–12:30pm
Learning and Development Strategy and CITEC presentations
12:30pm–1:15pm
Lunch

Session Three – 1.5 CPD points

1:15pm–2:15pm
Estate Planning and managing family provision risk (Paper)
  • 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
  • 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: Fred Smith – Principal, McInnes Wilson Lawyers
  • Speaker: Trina Bucknall – Solicitor - McInnes Wilson Lawyers
2:15pm–2:45pm
Stamp duty in the context of common client transactions (Paper)

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: John Cavanough – Senior Client Engagement Officer (North Queensland), Office of State Revenue
2:45pm–3:00pm
Afternoon Tea

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

3:00pm–4:00pm
Advising on the dilemmas of divorce and de facto (Paper)

De facto and non-de facto property distributions

  • recent arguments and outcomes disputing de facto status
  • dividing property between the non-de facto boyfriend / girlfriend
  • recovering contributions with a resulting trust for non-de facto clients
  • disputing the existence of a de facto relationship; evidence and affidavits
  • catering for the client X files: clandestine and secret relationships
  • interesting new cases setting aside support agreements
  • solicitor’s guide to actioning a walk-in-the-door trifecta;
    • interim application for part property settlement,
    • evidence for obtaining a Hogan order for costs, and
    • including a spousal maintenance order
  • Speaker: Pippa Colman – Arbitrator and Principal, Pippa Colman & Associates and Queensland Law Society Accredited Specialist in Family Law
4:00pm–5:00pm
Surviving and reviving legal practice in 2011 (Paper)
Professional Skills Practice Management & Business Skills
  • recent research findings in relation to practice management
  • identifying the symptoms of depression in the workplace
  • assessing the health of your firm – what are the key indicators?
  • keeping employees motivated when it can’t be about the money
  • examples of how other partners and principals are maintaining resilience
  • when every path has a puddle: services and support available
  • financial options available to practitioners doing it tough

This session satisfies the mandatory 1 CPD point for the Professional skills OR Practice management and business skills core area for the 2011/2012 CPD year

  • Speaker: Glen Davey – Psychologist, Assure Programs
  • Speaker: Raoul Giudes – Chair, Queensland Law Foundation Pty Ltd
5:00pm–6:00pm
Networking drinks

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