Program
Transcription
Program
2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE 28-30 MAY 2015 | HAMILTON ISLAND, GREAT BARRIER REEF, QUEENSLAND REGISTER NOW – Register online nqla.com.au PRACTICAL LEGAL ETHICS PROFESSIONAL SKILLS PRACTICE MANAGEMENT AND BUSINESS SKILLS 10 CPD POINTS COVER ETHICS AND PROFESSIONAL RESPONSIBILITY PRACTICE MANAGEMENT AND BUSINESS SKILLS Bar Association accreditation code – NQLA15 SUBSTANTIVE LAW, PRACTICE AND PROCEDURE, AND EVIDENCE BARRISTERS’ SKILLS SPEAKERS INCLUDE Mr Tim Wilson – Human Rights Commissioner Major General the Honourable Justice R.R.S. Tracey, AM, RFD – Major General Army Reserve, President of Defence Force Discipline Appeal Tribunal The Honourable Chief Justice Tim Carmody – Chief Justice Supreme Court Queensland The Honourable Justice Tree – Family Court of Australia His Honour Judge Altobelli – Federal Circuit Court of Australia His Honour Judge Morzone QC – District Court of Queensland Mr Timothy North S.C. – Barrister at Law Mr Peter Callaghan S.C. – Barrister at Law Mr Shane Doyle QC – President Bar Association Queensland Mr Geoff Diehm QC – Vice President Bar Association Queensland Mr Philip Looney QC – Barrister at Law Mr Roger Traves QC – Barrister at Law NAMING RIGHTS SPONSOR Mr Paul McQuade QC – Barrister at Law Mr Tim Matthews QC – Barrister at Law Michael Fitzgerald – President, Queensland Law Society Dr John de Groot – Special Counsel, Accredited Specialist Succession Law KEY DATES 2015 PLATINUM SPONSORS Now Registration Open 27 April Early bird registration ends 28 April Standard registration commences 28 May LexisNexis Sunset Welcome Drinks GOLD SPONSORS 29-30 May NQLA Offermans Partners Conference 31 May Sir George Kniepp Chambers Golf Tournament An Industry SuperFund 2 | 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE COVER SIGNATURE SOCIAL EVENTS LEXISNEXIS WELCOME DRINKS – Thursday 28 May 2015 The LexisNexis Welcome Drinks is the first networking event of the Conference. To be held poolside overlooking the famous Catseye Beach, all delegates, accompanying persons, speakers and sponsors will gather for informal drinks as part of a warm welcome to what will be a wonderful conference. Cost: Included in registration fee for delegates Additional tickets: $20 for guests and accompanying persons Time: 5.30pm to 6.30pm Dress: Smart Casual Where: Poolside (Mainpool area) DRUNK PIRANHA COCKTAIL PARTY – Friday 29 May 2015 Always a well-attended event, the Cocktail Party will again provide a unique networking opportunity for delegates, industry associates, accompanying persons and sponsors to share a drink or two on the Flag and Bommie Deck of the Yacht Club. Canapes and drinks, whilst watching the sun set over Dent Island, will be on offer. If you do not know what the Drunk Piranha is you will soon find out. This is a not to be missed networking event. Cost: Included in registration fee for delegates Additional tickets: $65 for guests and accompanying persons Time: Commencing after day 1 concludes at 5.15pm to 8.15pm Where: Flag and Bommie Deck – Yacht Club SEAPD FOR BREAKFAST – Saturday 30 May 2015 Perched at the end of Catseye Beach is the Outrigger Marquee which will be the venue of the SEA(C)PD Breakfast. Whilst enjoying a breakfast by the sea, delegates will be treated to an interactive panel discusson. This will be an engaging and lively session for both Barristers and Solicitors. Compulsory topics which will be explored are as follows: • Professional Ethics and Responsibility (For the Bar and Solicitors – Compulsory Topic 1) • Professional Skills (including Advocacy, Practice and Procedure and Evidence for the Bar [Compulsory Topic 3] and Solicitors [Compulsory Topic 2]) Cost: Included in registration fee for delegates Additional tickets: Not available – this is a delegate’s only event Time: 8.15am for 8.30am start (Note – delegates will be bussed back to the Yacht Club at the conclusion of the event) Where: Outrigger Marquee (end of Catseye beach) SIR GEORGE KNIEPP CHAMBERS GOLF TOURNAMENT – Sunday 31 May 2015 If you are a pro golfer or just like the odd game, you need to ensure you play in the Sir George Kniepp Chambers Golf Tournament. Your golf experience includes the transfer from Hamilton Island to Dent Island. You will then be greeted at the Golf Club Jetty and transferred to the Clubhouse to begin your game. The golf course on Dent Island is Australia’s only Island Championship Golf Course. Your fee also includes a shared golf buggy, shared course guide and playing 9 holes of golf. Time: 8am for island links transfer to Dent Island. 8.30am playing of 9 holes for ferry transfer back at about 10.30am. Venue: Dent Island Cost: $110 per person Dress: There are dress regulations for this event. It is a requirement that shirts have collars (an exception applies to women’s attire and shirts that are specifically designed for golf), tailored shorts or trousers must be worn (denim of any description or board shorts are not allowed), thongs, sandals or bare feet are not allowed. COVER THURSDAY 28 MAY 2015 5.30 – 6.30pm LEXISNEXIS SUNSET WELCOME DRINKS – Poolside FRIDAY 29 MAY 2015 8am 8.30am Coffee served – Yacht Club Foyer Opening address from the President – Queensland Law Society Mr Michael Fitzgerald, President, Queensland Law Society 8.50am Address from Offermans Partners Mr Michael Brennan, Principal, Offermans Partners 9am Opening address from the Chief Justice Chief Justice Carmody, Supreme Court, Queensland 9.25am PLENARY SESSION 1: A Century of Military Discipline – Australian Style Presenter: Major General The Honourable Justice R.R.S. Tracey, AM, RFD Chair: 10.25 – 10.50am Diane Ruhl, President, NQLA Morning Tea – Yacht Club Foyer FAMILY LAW STREAM LITIGATION STREAM COMMERCIAL STREAM Dotting your I’s and crossing your T’s in Family Law property settlements It’s judicial discretion – but not as we knew it Retail Shop Leases – Is there an operable option and, if so, has it been exercised? Sponsored by FLPA Session 1 10.50 – 11.40am Tax and insolvency implications in family law disputes. Mr Gaudion will discuss tax implications relating to the matrimonial home and investment properties, and the possible pitfalls you should be aware of. He will also provide an easy to understand explanation of Division 7A and discuss Taxation Ruling 2014/5, taking a look at how tax effective outcomes can sometimes be achieved without needing the family law rollover provisions. Mr Offermans will discuss insolvency implications including jurisdiction, the effect of bankruptcy on a party(s) and property, the doctrine of exoneration, trustees disclaiming onerous property and the effects of Sections 121 (Transfers to defeat creditors) and 122 (Avoidance of preferences) of the Bankruptcy Act 1966. Presenters:Mr Nick Gaudion, Director, Cutcher & Neale Mr Dennis Offermans, Principal, Offermans Partners Sponsored by QLS Judicial discretion is an essential part of judicial independence, which is in turn a pillar of our democracy. For most of us, it is a concept that has been taken for granted for the duration of our careers. However, during the first term of the Newman government, at least 20 pieces of legislation removed or reduced the scope of judicial discretion. Some of these, such as the VLAD, were the subject of much debate – after they had passed into law. It is time to reflect upon the concept of judicial discretion, and consider the impact that these and other foreshadowed developments will have upon our practices. Speaker: Mr Peter Callaghan S.C. The Honourable Justice John Panel: Byrne AORFD, Supreme Court Queensland Justin Greggery, Barrister at Law Chair: Joshua Trevino, Barrister at Law Chair: Kate Pateman, Family Law Practitioners Association, Regional Committee Member 4 | 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE COVER Sponsored by IPAC A paper discussing the necessary requirements to afford a lessee under a retail shop lease a real and effective option for renewal – what are the practical requirements to be expressed in such a lease – what happens if the time prescribed for exercise of such an option lapses? – how and in what circumstances and by what language might such a lease be renewed? – the interaction between the notice provisions of the Retail Shop Leases Act 1994 and the operable provisions for the exercise of an option under a lease of such premises. The paper is not intended to give a wide ranging tutorial on the drawing of commercial leases. The paper will focus on some very specific terms as to options to renew such leases and the manner in which such options can be exercised, commercial remedies available and arguments which a commercial lawyer may have in dealing with a questionable exercise of such option, whether by reason of a lapse of the time or by the language employed in the purported exercise of such an options. Speaker: Tim Matthews QC Chair: A ngela Ehsani, Manager, Law Sector, IPAC FAMILY LAW STREAM LITIGATION STREAM COMMERCIAL STREAM A consideration of aspects of the jurisdiction and powers of the Family Court of Australia An update on cases on the Civil Liability Act Family provision application – recent developments and trends Sponsored by FLPA Session 2 11.40am – 12.30pm Presenter: Timothy North S.C. Chair: Kate Pateman, Family Law Practitioners Association, Regional Committee Member Sponsored by QLS In this presentation, Mr Grant will present a round-up of recent cases involving the Civil Liability Act, with the aid of a friend from a place from far, far away… Presenter: Simon Grant, Barrister at Law The Honourable Justice Panel: North S.C., Supreme Court Queensland, Northern Judge Mr Anthony W Collins, Barrister at Law Chair: 12.30 – 1.20pm Session 3+4 1.20 – 3pm The Latest and Greatest in each Jurisdiction A look at the most prominent cases over the last 12 months in the Family Court and Federal Circuit Court of Australia. Chair: Presenter: Dr John de Groot, Special Counsel, Accredited Specialist Succession Law, de Groots Wills and Estate Lawyers Chair: Roger Traves QC H er Honour Judge Willis, Federal Circuit Court Legal professional Privilege and Without Prejudice Privilege: scope, exceptions, protection and waiver This interactive session will deal with contemporary issues concerning legal professional privilege and without prejudice privilege. Topics will include the scope of privilege; privilege and in-house practitioners; privilege in mediations and exceptions; waiver of privilege by conduct and inadvertence and protection of privilege. Presenters:His Honour Judge Morzone QC, District Court Queensland Roger Traves QC Nicholas Andreatidis, Barrister at Law Chair: Samantha Cohen, Treasurer, NQLA 3.20 – 4.10pm This paper will address current costs issues; claims in large estates; claims in small estates; estranged applicants; different types of award and the impact of mediation in collaborative law approaches. A ngela Ehsani, Manager, Law Sector, IPAC Lunch – Yacht Club Foyer Presenters:The Honourable Justice Tree, Family Court of Australia His Honour Judge Altobelli, Federal Circuit Court 3 – 3.20pm Sponsored by IPAC The good, the bad and the ugly: conflict transactions under the Powers of Attorney Act 1998 Presenter:Naomi de Costa, Special Counsel, Accredited Specialist Succession Law, Miller Harris Lawyers Straddling the public-private divide in the modern workplace – online socialising at work Can email or internet activity be a “private” activity? When is it going too far? What are the likely consequences for both employees and employers? Presenter: Elizabeth Raper, Barrister at Law, Employment Law Chair: Spencer Browne, Committee Member NQLA Afternoon Tea – Yacht Club Foyer PLENARY SESSION 2: The Human Rights of Older Persons – Now & Later The world’s ageing population has left us with an inescapable demographic destiny. The presentation examines how our laws and legal system will be affected by this societal shift. It will traverse some of the likely key controversies: • Administration of justice; • End of life issues; • Residential care for older persons with dementia; and • Abuse, exploitation and neglect of older persons. The paper will consider the need for a Convention on the Rights of Older Persons, a topic currently debated before the United Nations. Presenter: Bill Mitchell, Principal Solicitor, Townsville Community Legal Service Inc. Chair: 4.10 – 5pm K risty Dobson, Vice President, NQLA PLENARY SESSION 3: Freedom in Australia: Advancing human rights in the absence of legal protection Without a Bill or Charter of Rights, Australia faces unique human rights challenges. Commissioner Wilson will explore both the debates and policy challenges facing Australia. In particular, Commissioner Wilson will outline the best way forward to advance human rights and freedoms in a culture that value fairness and justice. Presenter: Mr Tim Wilson, Human Rights Commissioner Chair: 5pm 5.15 – 8.15pm S amantha Cohen, Treasurer, NQLA Conference close DRUNK PIRANHA COCKTAIL PARTY – Flag and Bommie Deck, Yacht Club 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE | COVER 5 SATURDAY 30 MAY 2015 8.15am for 8.30am start SEA(C)PD FOR BREAKFAST Interactive CPD session for both Barristers and Lawyers Compulsory Topics to be discussed: • Professional Ethics and Responsibility (For the Bar and Solicitors – Compulsory Topic 1) • Professional Skills (Advocacy, Practice and Procedure and Evidence for the Bar [Compulsory Topic 3] and Solicitors [Compulsory Topic 2]) Panel: The Honourable Justice North S.C., Supreme Court Queensland, Northern Judge His Honour Judge Morzone QC, District Court Queensland 10.30am 10.50 – 11.50am Shane Doyle QC, President, Bar Association Queensland Geoff Diehm QC, Vice President, Bar Association Queensland Philip Looney QC, Barrister, Commercial Law and Practice Management Delegates return to Yacht Club from Breakfast venue CPD SENIOR SOLICITORS CPD BARRISTERS CPD EARLY CAREER LAWYERS Compulsory Topic 3 – Solicitors: Practice Management and Business Skills Compulsory Topics 2 and 4 – Barristers: Practice Management and Business Skills, and Barristers Skills Compulsory Topic 3 – Solicitors: Practice Management and Business Skills Marketing and Business development in an ever increasing technological world Practice Management and Barristers Skills How to avoid (or survive) a career doomsday moment A presentation detailing business development and marketing for law firms with a focus on digital marketing. Presenter: J arrod Anderson, Managing Director, SME Services Group Presenter: P hilip Looney QC, Barrister at Law Chair: Janice Mayes, Barrister at Law Chair: Terry Newman, Newman Family Law In this session you will gain practical tips and advice on how to avoid the sinking feeling moment or how to best handle it in the event that it happens. Our presenter will share his pearls of wisdom on time management, dealing with emails and phone calls, and file management to assist you in managing your workload and your personal wellbeing. The Tristan Jepson Memorial Foundation best practice guidelines will also be discussed. Presenter: G reg Spinda, Partner, Carew Lawyers Chair: Mr Michael Fitzgerald, President, Queensland Law Society 11.50am – 12.10pm Short coffee break FAMILY LAW STREAM LITIGATION STREAM COMMERCIAL STREAM Evidence, Trial Preparation and Advocacy Tax Implications in Commercial Settlements Personal Properties Securities Act (PPSA) Sponsored by FLPA Session 5 12.10 – 1pm Our panel will conduct an interactive discussion concerning evidence, trial preparation and advocacy in the family law courts. Presenters:Michael Fellows Terry Betts Janice Mayes, Barristers at Law, Sir George Kniepp Chambers Sponsored by QLS Presenter: Mark Robertson QC Nicholas Andreatidis, Chair: Barrister at Law Chair: His Honour Judge Coker, Federal Circuit Court Sponsored by IPAC This session will discuss; a. The Statutory Review of the PPSA, its objectives, the review process, where is at now and issues interest groups have identified with the PPSA and the registration regime; b. Other legislation which impacts on the PPSA regime; and c. L iens, including solicitors’ liens. Presenter: Paul McQuade QC Dan Sampson, Chair: Partner, BCK Lawyers 1pm Conference close – Lunch – Yacht Club Foyer Afternoon at leisure 6.30 – 10.30pm AUSCRIPT AUSTRALASIA NQLA SURPRISE EXTRAVAGANZA DINNER 6 | 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE COVER Auscript Australasia NQLA Surprise Extravaganza Dinner – Saturday 30 May 2015 This is a “not to be missed” event by the sea. It will be the highlight of the Conference social program. You will watch the wonder of the Whitsundays come to life with this dazzling themed dinner. It will be a truly spectacular seaside dining experience on the shores of Catseye Beach. Pre-dinner drinks will be served on the lawns overlooking Catseye Beach. What is the surprise? Come along and see! Time: 6.30pm – 10.30pm Venue: Bougainvillaea Marquee (Resort Side) Cost: $150.00 per person Dress: Cocktail / Semi-formal GETTING THERE By Air – Virgin Australia and Jetstar fly direct to Hamilton Island from Sydney, Brisbane and Melbourne. Qantas also operates from Sydney and Qantas-link from Cairns. By Car – The NQLA has secured a corporate rate for delegates and their partners on the ferry operated by Cruise Whitsundays to Hamilton Island. To obtain this rate ($51.00 each way per person) when contacting Cruise Whitsundays to book your ferry you must provide to them the promotion code which is NQLA15. If you do not mention this code you will not receive the discount. You can contact Cruise Whitsundays on (07) 4846 7000 and look at their website for more information: cruisewhitsundays.com. REGISTRATION ACCOMODATION ADDITIONAL ACTIVITIES Registration for the 2015 Offermans Partners NQLA Conference is an online process. If you cannot register online and require a hardcopy registration form please contact our President, Diane Ruhl – [email protected]. Registration fees for the 2015 Offermans Partners NQLA Conference are as follows: The NQLA has been able to negotiate a discounted rate for delegates and speakers at the Reef View Hotel. The Reef View Hotel represents the ultimate in 4 star resort living. The Reef View Hotel overlooks Catseye Beach and is central to all conference venues including the Yacht Club. Upon registration an email will be sent with the booking accommodation form, where you can complete your details and send the document via email to Hamilton Island to secure a room and receive the discounted rate. If you are choosing to stay elsewhere we suggest you contact Hamilton Island via email to [email protected] and advise that you are part of the North Queensland Law Association Conference. Hamilton Island will help you find accommodation suitable to your needs. Hamilton Island has more than 60 activities to choose from, with sports, adventures, and experiences for every interest and energy level. You should visit the activities website to see the full range of activities and to pre-book with the tour desk: hamiltonisland.com.au/things-to-do. Pre bookings for certain activities are a good idea. Member – 2 Day Registration Earlybird 2-day (on or before 27 April 2015) $950 (including GST) Standard 2-day (after 28 April 2015) $1050 (including GST) Non member – 2 Day Registration Earlybird 2-day (on or before 27 April 2015) $1150 (including GST) Standard 2-day (after 28 April 2015) $1250 (including GST) 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE | COVER 7 NAMING RIGHTS SPONSOR PLATINUM SPONSORS The NQLA gratefully acknowledges its sponsors GOLD SPONSORS An Industry SuperFund WELCOME DRINKS SPONSOR COCKTAIL PARTY SPONSOR EXTRAVAGANZA DINNER SPONSOR GOLF TOURNAMENT SPONSOR REGISTRATION OPEN NOW Register online nqla.com.au 8 | 2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE COVER