This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Wills & Estates stream. 

This session looks at Chant v Curcurato [2021] NSWSC 751 (per Hallen J) to establish how “treating doctor” evidence is used by the court.  It examines:

• Factual background
• Treating doctor evidence
• Lessons from Curcurato
• Issues yet to be clarified

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 – Wills and Estates stream.

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Personal Injury stream. 

This session will provide an update on current topical issues in the field of institutional abuse including an update on recent case law (particularly NSW) on the following matters:

• Breach
• Causation
• Vicarious liability
• Damages
• Ancillary issues such as unincorporated associations, permanent stays
• Statutory obligations/liability

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Family Law stream. 

In this session, experts who practice in one or more of each of the above ADR processes will give practical advice on the following issues:

• What ADR processes exist (excluding arbitration) and what they each entail
• Lawyer negotiation, mediation, lawyer assisted mediation, collaborative practice
• Which processes you should use for which cases, and how to prepare yourself and your client

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Business Law stream. 

This session provides an overview of the operation of the Personal Property Securities Act 2009 (Cth) and an update on recent cases that have considered particular aspects of its operation.

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Personal Injury stream. 

This session looks at:

• Dust Diseases Claims
• Statistics for the 2020 Calendar Year
• Current Statistics and Future Projections of Mesothelioma
• Silicosis - an old disease
• Types of Compensation Available
• Statutory Compensation Schemes
• Court process and claims
• General Damages
• Damages for Loss of Expectation of life
• Past and future medical and treatment expenses
• Past and future loss of income/wages
• Care claims – Sections 15A and 15B of the Civil Liability Act 2002
• Care Claims – Section 15A of the Civil Liability Act 2002
• Care claims – Section 15B of the Civil Liability Act 2002

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Family Law stream. 

This session looks at how binding financial agreements have affected Family Law, including:

• The history of binding financial agreements
• A review of cases leading up to Thorne & Kennedy
• A review of Thorne & Kennedy
• A review of cases post-Thorne & Kennedy
• Issues you should consider when preparing a binding financial agreement

This videocast was originally captured during the 2021 Specialist Accreditation conference 2021 - Business Law stream. 

This session looks at the following issues:

• Is a discretionary trust still the preferred entity for property investments?
• Structuring investments using self-managed super fund
• Restructuring business enterprises

This presentation will focus on the legal and practical issues which legal advisors and their clients should consider when addressing the topic of business succession planning for private businesses. In particular, this session will cover the following key topics:

• The value of an effective and well drafted buy/sell agreement for multi-owner businesses.
• Key terms of a buy/sell agreement.
• Funding issues and structuring insurance arrangements.
• Issues with superannuation policy ownership.
• Tax implications arising from buy/sell arrangements.
• Other stakeholder agreements (such as shareholder agreements, partnership agreements and unitholder agreements).
• Employment / management succession plans.
• Intergenerational family succession planning.

At the most basic level, an employment relationship is a contractual relationship between an employee, who promises to perform duties for an employer, and an employer, who agrees to remunerate the employee for that service.  An employment contract may be verbal or in writing, and when in writing it can be constituted by one document or a series of communications.  It is best practice to have a comprehensive, written contract of employment in place for all employees, but unfortunately not all employment contracts are created equal.

In this presentation, we will cover:

• what should be included in a written contract in relation to an employee's duties, types of employment, hours of work and location;
• how an employee's remuneration and other financial and non-financial benefits should be dealt with in the contract;
• why it is important to include effective confidentiality restrictions and intellectual property protections;
• how to deal with the termination of the employment relationship and related issues;
• how to prepare and draft effective post-termination restrictions; and;
• how an employment contract interrelates with relevant modern awards, enterprise agreements, the National Employment Standards, and company policies and procedures.

Disclosure and obligations of good faith - Some recent cases concerning breaches of the Franchising Code of Conduct prosecuted by the ACCC and what we have learnt concerning obligations of good faith and disclosure.

Civil Penalty Provisions - Powers of the Court to impose civil penalties on directors or officers that do not act in accordance with the Franchising Code of Conduct.

Advising franchisees/franchisors.

Issues concerning the exercise of options to extend the franchise agreement.

Issues concerning the restraints contained in a franchise agreement and how that may be impacted by Section 23 of the Franchising Code of Conduct.

Matters concerning territorial breaches and parties’ obligations to observe a territory that forms part of the franchise agreement.

Dealing with operational breaches of a franchise.

Occupancy of premises by a franchisee and their inclusion in the franchise agreement.