This course is best used for larger decisions or one you’re having trouble making. Yet whatever the situation may be, it should be a decision you have time to think about; one that does not need to be made on the spot. This course will help you build your decision making capabilities. The more you use the process, the stronger your skills will be, and soon you’ll be able to perform this type of process instinctually. By completing this course, you will be able to analyze essential information and the pros and cons of key decisions. 

• Practice management and business skills

• A summary of the major cases;
• Principles and tips for the drafting of such clauses; and
• a discussion of issues relating to the use of mandatory mediation and arbitration
• An understanding of the major legal issues surrounding the drafting of dispute resolution clauses
• An understanding of the Model Commercial Arbitration Acts
• An understanding of the range of dispute resolution options available.

By completing this course, you will know how to confidently articulate the positive attributes and benefits of your ideas.

•  Determining the role of your client in an investigation; 
• Advising about notices to produce documents; 
• Preparation for and attendance at section 19 examinations; 
• Advising clients about the timing of and possible publicity arising from an ASIC investigation; 
• Negotiating enforceable undertakings; and Making complaints to ASIC.

• Practice management and business skills

Attorneys: financial misconduct and asset retrieval – compensation for a principal under the Powers of Attorney Act 2014, a panel presentation by Dr Elizabeth Brophy, Eleanor Coates and Teri Konstantinou.

Dr Elizabeth Brophy – s 77 Compensation for acts of attorney

Eleanor Coates – Outline of Defences and time limits for applications

Teri Konstantinou – Compensation for a Principal under the Powers of Attorney Act 2014 Which Jurisdiction? Supreme Court or Victorian Civil & Administrative Tribunal

•  Professional Skills
  

Conveyancing in Australia is being transformed by the shift to digital process. This session will cover issues involved with moving to electronic conveyancing.

• Understand how a property settlement works through PEXA - Australia's e-Conveyancing platform
• Understand how a property settlement works through PEXA - Australia’s e-Conveyancing platform
• Understand who is currently using the platform and what Land Registry timelines for bringing the industry online mean for your business
• Understand new digital Land Registry products (Priority Notices) and why you would offer them to your customers
• Understand the benefits of e-Conveyancing and how to explain those to your customer
• Understand what steps you need to take to join the e-Conveyancing network

•  Substantive Law
  

This session covers the following topics:

• Know what the current FIRB application fees are and varying forms of approval;
• What is a foreign person?
• What is a foreign trust?
• When it is best to apply for FIRB approval for a client.
• What to do if a contract is not subject to a purchaser obtaining FIRB approval.

•  Substantive Law
  

Learn how to avoid cost blowouts, how to properly brief counsel and how to manage risk in litigation.

Topics covered include:

• Overview of litigation risks
• How to properly brief counsel
• Managing the relationship with your Barrister(s)
• Managing the relationship with your Client
• How to avoid cost blowouts

•  Substantive Law
  

Small and medium enterprises comprise the vast bulk of companies operating in Australia and are commonly the subject of internal disputes. This session will examine issues regarding shareholder oppression, particularly as they are relevant to those types of companies.

Key Learning Outcomes:

• Identify the relevant statutory provisions of the Corporations Act 2001 relevant to share holder oppression suits
• Know the essential elements of shareholder oppression suits
• Be able to distinguish between shareholder oppression and other types of complaints shareholders may have
• Be aware of common issues which affect SMEs and which may give rise to shareholder oppression suits
• Weigh the different avenues and remedies available to avoid and/or resolve shareholder disputes in SMEs

•  Substantive Law
  

This session will cover the following topics:

• When is a caveat the right tool?
• What is the downside of a misconceived caveat?
• How to detect a caveatable interest.
• What are alternative measures when there is no caveatable interest?
• Procedural tips for lodgement and removal.
• Illustrative cases.

•  Substantive Law
  

This session will bring you up to speed on recent developments including consideration of some of the more interesting and recent cases in the technology space that may have a material impact on the way you conduct business.

Tal Williams, Technology Partner, will assist you to identify practical strategies to minimise risk for your company in relation to electronic contacts and transactions, data storage and privacy, and electronic signatures.

Key Learning Outcomes:

• Identify issues arising from use of electronic signatures
• Awareness of enforceability of click and browse wrap agreements
• Identify issues in relation to privacy obligations
• Awareness of basic cyber security protocols to minimise risk of attack

•  Substantive Law
  

Warwick Ryan from Hicksons Lawyers discusses Employment Law Update.

Key Learning Outcomes:

• relationships
• value frameworks
• what are the real issues
• customers - key for your business
• risk rating

•  Substantive Law
  

Recognise frequent use aspects and be aware of some unusual aspects and applications of section 75(2).

Key Learning Outcomes:

• A general review of the section.
• What aspects are most commonly relied upon.
• Unusual use: add backs and Rogers case.
• Overview of Robb and Robb.

•  Substantive Law
  

Insurance update December/January 2016/7 Covering Section 54, Section 45, policy interpretation and recommended changes to direct proceedings against insurers.

Key Learning Outcomes:

• Operation of ICA section 54 and its use for contribution between insurers;
• Operation of ICA Section 45,
• Interpretation of different policies and scope of coverage; and
• Recommended change to direct proceeding against insurer

• Privacy legislation overview – the Privacy Act, the Privacy Amendment (Enhancing Privacy Protection) Act, the APPs and Credit Reporting Code of Conduct
  
• Understanding the key definitions relating to information – personal information, sensitive information and the different kinds of credit information
  
• Privacy compliance – what should organisations do to comply with the new laws?
  
• What are the APPs – a summary of the obligations
  
• Privacy breaches – prevention, reporting and management
  
• Some practical tips for lawyers to help clients manage the privacy reforms

•  Substantive Law
  

An overview of the key concepts of Australia Goods & Services Tax (GST) generally along with when GST registration is required and why. This is then tied into specific Self Managed Super Funds (SMF) & GST considerations including when a fund should register (or avoid this), what a fund must charge GST on and what it can claim in regards to input tax credits, documentation required and key risk areas in regards to ATO compliance.

Key Learning Outcomes

• What are the key GST Concepts
• When is GST registration required & why
• What are the key SMSF & GST concepts
• What documentation is required to be completed & maintained
• ATO Compliance considerations

•  Substantive Law
  

Trust structures are everywhere and their popularity continues to increase largely due to their potential tax benefits. Many parties’ and their family wealth are now held in trust assets. The difficulty for family lawyers lies in unravelling that structure to identify what assets can be established as ‘property’ of the parties, and to ensure any orders made against those assets are enforceable.

Key Learning Outcomes:

• The types of enquires that need to be made at the start of a family law matter involving trusts
• Understand how different trusts are treated in family law property divisions
• Understand when trust assets are considered assets if the marriage/relationship in family law property divisions
• What powers the Family Court has when dealing with trust assets in family law property divisions
• Identify and understand some of the leading cases in the development of the area of family law and trusts

•  Substantive Law
  

Dr Michelle Sharpe discusses unilateral mistake and estoppel.

Key Learning Outcomes:

• Types of mistake and estoppel
• Elements of unilateral mistake and estoppel
• Remedies for unilateral mistake and estoppel
• Typical defenses for unilateral mistake and estoppel