Intellectual property rights are an important and often valuable class of intangible assets used within businesses. The issues which arise in relation to intellectual property rights in the context of mergers and acquisitions can be complex, and the consequences can be dire when valuable intellectual property rights are not properly assigned to the buyer in a sale. This session will cover complex IP issues in the context of business sales including ownership and licensing issues, as well as contemporary issues which have arisen with the increased use of artificial intelligence within businesses.

This session was recorded during the Specialist Accreditation Conference 2023.

PPSR; Personal Property Securities Register; discharge of interests

This session will look at navigating complex probate applications. Presenter Jennifer Vuu will cover a range of topics including cessate probate, inoperative wills, nominee grants and grants to syndics. The session will also provide practical tips for hitting the mark. 

This session was recorded as part of the Specialist Accreditation Conference 2024.

Spec Acc Conf 2024 - Wills and Estates

What makes a property matter complex? In this session we will review the many and varied ways in which a property matter might be considered complex, recent case law in complex matters, the role of the solicitor in managing complex property settlements, and practical issues and resource management in complex matters.

This session was recorded during the Specialist Accreditation Conference 2023.

DISTRESSING CONTENT 

Viewers are advised that this course may contain details that some may find distressing. Please review the course description and use your discretion before proceeding. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. 

Join presenter Margaret Pringle as she examines complex trust issues, covering topics that include the construction and amendment of trust deeds and cy-près applications. The session will also cover the application of Part 3, Division 3 of the Trustee Act 1925 (NSW) and will also look at applications for judicial advice under section 63.

This session was recorded during the Specialist Accreditation Conference 2023.

Causation and its intersection with an increased risk and increased incidence have raised issues of some complexity and debate for a number of years. The role of the ‘but for’ test, loss of a chance, material contribution and a necessary condition of the occurrence of harm in common law causation were clarified in 2010 by the High Court of Australia in Amaca v Ellis [2010] HCA 5 and Tabet v Gett [2010] HCA 12. On the other hand, it appears that questions of causation in the assessment of damages for breaches of statutory guarantees may still involve complex issues that are less than clear. In this session, Colin Loveday will lead a discussion on the recent and evolving jurisprudence of causation in claims for damages under the Australian Consumer Law in recent product liability claims.

This session was recorded during the Specialist Accreditation Conference 2023.

This presentation focuses on the concepts of voluntary assumption of risk, joint illegal enterprise and the agony of the moment for claims under the Motor Accident Injuries Act 2017 (NSW) and Motor Accidents Compensation Act 1999 (NSW). While joint illegal enterprise operates at the level of whether a duty of care exists, the other principles arise in the context of whether a motorist has breached their duty of care. After considering the fundamental principles, consideration is given to their practical application. 

WARNING: DISTRESSING CONTENT 

This session will examine the “Aged Care System” and the function and common failings of aged care contracts for incoming residents, including considerations when negotiating and entering an aged care contract. Furthermore, presenter Rodney Lewis will discuss issues that practitioners need to turn their minds to when a client is entering into aged care.  This will include the status of any will, advance, or other estate planning documents, and any other steps or measures required in relation to the payment of aged care fees.

This session was recorded during the Specialist Accreditation Conference 2023.

• How extensive are the Commonwealth’s powers to deprive a person of his or her citizenship under the naturalisation and aliens power? 
• To what extent can the legislature modify the rules of procedural fairness applicable in a court without the law being unconstitutional? 
• Is a law requiring a court to order the detention or supervision of convicted thief, after his sentence has expired, incompatible with the court’s role as a repository of federal jurisdiction? 
• To what extent does the Kable principle continue to have force?
• Do State laws prohibiting publication of children’s names, or prohibiting publication of footage obtained from surveillance devices, impose an unjustified burden upon the implied constitutional freedom of communication on political and government matters? 
• Were harsh State drug laws which were disproportionately used to charge indigenous people, inconsistent with the Racial Discrimination Act 1975 (Cth)?

Constitutional law

The Motor Accidents Injuries Act 2017 (NSW) was introduced to overhaul the compulsory third-party compensation scheme in NSW and continues to be reviewed and refined, including several statutory changes that came into effect in April this year. As the scheme matures, Peter Hunt will discuss trends evident in Court and Commission decision-making relating to liability, quantum and judicial review.

This session was recorded during the Specialist Accreditation Conference 2023.

Michael Williams, a leading light in the field of intellectual property (IP) in Australia, will discuss the current issues affecting the application of IP legislation to copyright, trade marks and patents. A key focus of this session will be the treatment of AI under IP law.

This session was recorded as part of the Specialist Accreditation Conference 2024.

This session will look at how the evolution of cybercrime has brought business risks around data into sharp focus.  It will lift the veil on the trends, data breaches, claims, government responses and regulatory reforms, and their impact on businesses in general, and law practices in particular.

This session was recorded as part of the Specialist Accreditation Conference 2024.

This session was recorded on 27 March 2025 as part of the Crucial pointers in contract law: Mandatory rule 6.1 – live webinar.

Damages for breach of contract and wasted expenditure – Ourania Konstantinidis, Partner, Dentons

This session will cover the High Court’s recent decision in Cessnock City Council v 123 259 932 P/L dealing with the appropriate measure of damages for breach of contract. We will dive into:

• A snapshot of historical cases on damages and how the High Court arrived at the landmark decision.
• The High Court’s guidance on reliance damages for breach of contract with a particular focus on wasted expenditure and the recently established ‘facilitation principle’.
• How the courts will approach disputes involving damages incurred in reliance on contractual promises.
• Important practical strategies as to how you can manage risk when drafting contracts or advising your clients.

Ourania Konstantinidis, Partner, Dentons