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Overview of foreign resident capital gains withholding payments

1.75 CPD Units   Videocast    

Substantive
Online

 This videocast looks at the broad area of Foreign CGT assets & tax variations.

  • Certain CGT asset acquisitions
  • Whether vendor is a foreign resident
  • Clearance certificates: Establishing Australian residency in real property transactions
  • Vendor Declarations: Australian residency status (transactions not involving real property)
  • Vendor Declarations: CGT assets are membership interests but not ‘indirect Australian real property interests
Recorded May 2016
Justen Nixon, Director - Public Groups & International, Australian Taxation Office
John Nicols, Director - Public Groups & International, Australian Taxation Office

1.75 CPD units

Member $150.00
Non-Member $225.00

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100 years of family provision - Have we gone too far?

1.5 CPD Units Videocast

Substantive
Online

It is 100 years since the Testator’s Family Maintenance and Guardianship of Infants Act 1916 was introduced, making provision for disappointed beneficiaries. The original Act was limited in its application.

  • the extension of persons for whom provision can be made
  • the concept of notional estate making it possible to claw back assets disposed of during one’s lifetime
  • the greater complexity of families and estate assets
Recorded October 2015
Justice Philip Hallen, Justice Geoff Lindsay, Lindsay Ellison SC, solicitor Richard Neal and barrister John Armfield.

1.5 CPD units

Member $105.00
Non-Member $150.00

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Advocacy essentials

1 CPD Unit Videocast

Professional skills
Online

Advocacy is the art of persuasion and is practised by us all every day (sometimes without our even noticing). There are many references available to assist in becoming a good advocate and advocates can be trained; but "the fool's way" - doing it, failing and succeeding - is the last and best way to learn.

  • A forensic (court) advocate of any description must know the factual and legal bases of the case being advanced and the opposing case
  • He or she must know the result that is sought, how to achieve it - and then convey that to the court
  • An advocate must have a purpose, must prepare and must perform
  • Flexibility is helpful, in order to address the opposing case as it develops
  • A look at the examination of witnesses, cross-examination and oral submissions
  • How to give attention to the audience, the structure of one's contribution, content, delivery and ethics/etiquette
Recorded on 27 March 2015
Nicholas Richard Cowdery AM QC

1 CPD units

Member $90.00
Non-Member $125.00

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An introduction to cyber security for small practice

1 CPD Unit Videocast    
Information security concepts, trends and events will be discussed and participants will be offered practical steps to secure their information from potential breaches and risk.

Online
Recorded on15 February 2018
Tony Vizza, Cyber Security Practice Manager, Sententia

1 CPD units

Member $90.00
Non-Member $125.00

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Beyond Google - Tips for research

0.75 CPD Unit Videocast

Practice management and business skills

Online

Having effective legal research skills is incredibly important throughout the legal career as legal research is crucial to the practice of law. Which resources should you be using to ensure that you are effectively and efficiently researching the law? Google might have a lot of the answers yet navigating the labyrinth of legal databases will continue to be necessary.

  • a super searcher with Google;
  • use Google Scholar and other resources for legal research;
  • know how and when to use Wikipedia.
Recorded on 13 September 2016
Karen Rowe-Nurse, Liaison Librarian, University of Notre Dame

0.75 CPD units

Member $80.00
Non-Member $115.00

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Big impact writing

1 CPD Unit Videocast
Professional skills
Online

Being an effective lawyer means writing so that your clients can understand and act on your advice. But how do you communicate complex legal ideas to an audience with little or no legal knowledge?

Drawing on his experience as a professional writer, Ralph Grayden will show you simple techniques to improve your writing and build trust and understanding with your clients.

  • Develop your own effective writing style
  • Structure your writing
  • Avoid common mistakes and debunk writing myths
Recorded May 2016
Ralph Grayden, Director, Antelope Media

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Business succession planning and superannuation

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

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.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Amanda Comelli*, Senior Associate, Brown Wright Stein

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Drafting contracts of employment

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

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.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Brett Feltham*, Partner, Gadens

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Intellectual property law: conducting business in the new digital environment

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Michael Williams, Partner, Gilbert + Tobin

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Update on franchise law including buying and selling franchises

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

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.


Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Nick Birbas*, Partner, Newhouse & Arnold Solicitors

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law- Legislative developments around insolvency law

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

2020 has been a strange year for everyone – and the same is true in insolvency law reform. This session will cover law changes at the start of the year which significantly increased the personal liability of directors; and also the governments attempts to clamp down on the unhelpfully named ‘illegal phoenixing’.
Further significant law reforms were introduced to alleviate the impact on businesses and give protection to directors during COVID-19. Some of these reforms have been extended and some may become permanent – time will tell. Now at the end of the year the government has introduced what it says is the most significant law reform in insolvency in 30 years – which doesn’t explain why the Government only allowed 5 days’ consultation on the draft legislation; why it still hasn’t released the regulations which will contain the substantive parts of the new law; or why it is still proposing to have the new laws commence on 1 January 2021. 2020 has been an ‘interesting’ year in insolvency and 2021 may be even moreso.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Stephen Mullette*, Principal, Matthews Folbigg Lawyers

1 CPD units

Member $90.00
Non-Member $125.00

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Buying and selling ethics - No, ethics is not for sale

1 CPD Unit Videocast    
In this session ‘Buying and Selling Ethics - No, ethics are not for sale’ Linden Barnes will provide a practical, interactive discussion using hypothetical situations to test your knowledge and think differently about how to manage ethical dilemmas. In this session as a group you will explore the effect ethics have on advising clients on their property issues.
Online
Recorded on 27 March 2018
Linden Barnes, Senior Ethics Solicitor, the Law Society of NSW

1 CPD units

Member $90.00
Non-Member $125.00

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Calderbank offers revisited: Perspectives from the bench

1 CPD Unit  Videocast    
Substantive
Online

In the world of civil disputes, there are a variety of methods of settlement negotiations that can be utilised. Calderbank offers and offers of compromise are important tools in trying to achieve settlement.

  • Calderbank offers
  • offers of compromise
  • recent case law
Recorded on 5 August 2015
The Honourable Justice Beazley AO, President of the Court of Appeal, Supreme Court of New South Wales

1 CPD units

Member $90.00
Non-Member $125.00

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Capacity cognitive impairment & decision making

1 CPD Unit Videocast    

Practice management and business skills
Online

Join us for this short seminar to hear Deputy President Schyvens discuss this contentious issue and the impact for lawyers and medical personnel.This podcast discusses this contentious issue and the impact for lawyers and medical personnel.

  • cognitive impairment & the impact on lawyers
Recorded on 15 February 2016
Malcolm Schyvens, Deputy President, Division Head – Guardianship Division, NSW Civil and Administrative Tribunal

1 CPD units

Member $90.00
Non-Member $125.00

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Case Law update: Succession Law

1 CPD Unit Videocast    
In this session, Anthea Kennedy will be providing an update of the most recent significant cases in the areas of contested Probate, Family Provision and costs.
Online
Recorded on 20 March 2018
Anthea Kennedy, Partner, Teece Hodgson & Ward Solicitors and Accredited Specialist in Wills & Estates Law

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Australian Consumer Law - 10 years on

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

It has been almost 10 years since the Australian Consumer Law was developed by agreement of the Council of Australian Governments, replacing 20 difference consumer laws across the Commonwealth, state and territory jurisdictions. Join accredited specialist, Flo Mitchell, in this session examining the impact and case law relating to the regime, with a focus on section 18 claims.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Flo Mitchell*, Partner, FM Legal

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Building and construction law update

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

At the heart of large construction and engineering projects are the risk allocation arrangements. As part of that, principals usually require contractors to provide performance bonds/guarantees. There was a growing trend in the case law that these performance bonds were prima facie to be regarded as risk allocation devices such that when a dispute broke out, the party providing the bond was the one to be out of pocket until the dispute was resolved. 

This constituted an obstacle to those who provided these bonds in obtaining interim injunctions restraining calls on them. Eye watering amounts are involved in these types of cases with bonds often denominated in the scores of millions of dollars so the approach to construction has serious real world impact. However, the NSW Court of Appeal may have signalled a step back from that position in Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291; (2017) 96 NSWLR 329, namely that the correct way to approach the true construction of clauses providing for such bonds is on general principles relating to the construction of commercial contracts. 

This is an approach that now appears to have been taken up by at least one other intermediate appellate court, namely JKC Australia Lng Pty Ltd v CH2M Hill Companies Ltd [No 2] [2020] WASCA 112. Kawasaki also considered the impact of an arbitration clause on what interim relief (if any) a court ought provide. This presentation will take a brief look at where we have come from in this regard, where we are now and what the future trend in this area is likely to be.


Proudly sponsored by:
Lawcover


Recorded on 26 November 2020
Sydney Jacobs, Barrister, 13 Wentworth Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Equitable remedies in commercial proceedings

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will provide practical guidance on equitable remedies in commercial litigation.  It will cover the fundamental principles of, and latest developments in, equitable commercial remedies including injunctions, declarations, equitable compensation, specific performance, freezing orders and search orders.  It will be of particular benefit to practitioners practising in commercial litigation in the superior courts.  By the conclusion of the session, attendees will understand the advantages these remedies can offer, how to obtain them, and the key strategic considerations for practitioners in light of the latest developments in this field.  

Proudly sponsored by:
Lawcover
Recorded on 24 November 2020

Charles Colquhoun, Barrister, Tenth Floor Chambers

Bradley Smith, Barrister, Tenth Floor Chambers


1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Forensic accounting for specialists

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

In this session delivered by barrister Andrew Bulley, the interaction between two presumptions will be explored: that of Result Trust and that of Advancement. The presentation will describe in detail both presumptions and factual scenarios in which a presumption may arise, the evidence required to rebut a presumption and possible consequences of rebuttal. Viewers will also be taken through a recent case study (Zhang v Metcalf; Metcalf v Zhang [2020] NSWCA 228 to assist in understand the presumptions in practice.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Nigel Cotman, Retired Barrister, formerly of New Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Frustration of contracts and force majeure

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

  1. Introduction – why is it important to know about frustration and force majeure?
  2. Force majeure
  3. Doctrine of Frustration

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Edwina Kwan, Partner, King & Wood Mallesons

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Outlines of evidence in the Federal Court of Australia

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Join barrister, Alexander Vial, for a session examining best practice for the use of outlines of evidence. The session will cover the circumstances and reasons for use of outlines of evidence, the relevant legislation and rules, as well as risks and criticisms of use. Viewers will also gain practical tips for drafting and structuring outlines of evidence.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Alexander Vial, Barrister, 5 Wentworth Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Practical and procedural tips for conducting a case in the Commercial List of the NSW Supreme Court

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Court proceedings have been transformed by the impact of the COVID-19 pandemic. This seminar will begin with a synopsis of the current Commercial List approach to online hearings and case management during the pandemic.

The seminar will also address the key practical aspects of Commercial List proceedings, from filing a list statement; procedural case management; the operation of Practice Note SC Eq 11; preparing a court book; objections; preparing for hearing; and of course running the hearing. The presenters will also analyse a recent decision of the New South Wales Court of Appeal concerning the principles of contractual construction (as they apply in commercial cases).


Proudly sponsored by:
Lawcover
Recorded on 26 November 2020

David Sulan, Barrister, Banco Chambers

Ryan Jameson, Barrister, Banco Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Recent cases in banking and finance

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will address recent developments in banking and finance case law over the last 12 months, including the ‘wagyu and shiraz’ case brought by ASIC against Westpac to clarify the scope of home loan responsible lending requirements, a case about unfair loan terms in Bendigo Bank’s small-business loans, a NSW Court of Appeal decision in which the borrowers raised all of the textbook defences against the bank - breach of contract, misleading or deceptive conduct, unconscionable conduct, breach of the Code of Banking Practice, breach of the National Credit Code and contravention of the Farm Debt Mediation Act 1994 - but still lost, and the upcoming class actions against CBA, Westpac, NAB and AMP for mismanaging superannuation accounts.

Proudly sponsored by:
Lawcover

Recorded on 26 November 2020
Emma Beechey, Barrister, New Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - SME insolvency: critique of voluntary administration and safe harbour restructuring, phoenix activity and promised debtor-in-possession reform

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

2020 has been a year for corporate insolvency law that no one could have predicted. After the Pandemic lockdown started many predicted a tsunami of corporate and personal insolvency but this hasn’t happened (yet). Recently, the government announced the most important reform proposal in small-to-medium business insolvency since 1993 (a new debtor-in-possession procedure for SMEs and streamlined liquidations). 2021 should be a big year for insolvency lawyers and this seminar reflects on the legal tools we can work with.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Ben Sewell, Principal, Sewell & Kettle Lawyers

1 CPD units

Member $90.00
Non-Member $125.00

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