CPD Programme Feb-June 2017

FEBRUARY–JUNE 2017

CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME Keeping up to date with the latest legal and professional developments

lawsocietywa.asn.au

Register online at lawsocietywa.asn.au/cpd

SEMINARS 1

Continuing Professional Development Programme February–June 2017 Contents Commercial

Family and business trusts Important cases from 2016 for commercial litigators Sale of business agreements Shareholder and joint venture agreements and disputes

Litigation

7 11 11 16

Construction

Construction law masterclass

11

Contract

Issues relating to company meetings and lawyers acting as directors 15 Contract law masterclass 15

7 10

8 9 13 13

Estate Planning

Estate Planning masterclass Will drafting masterclass Urgent wills and assessing a client’s mental capacity

12 13 16

Ethics

Ethics on Friday: fiduciary relationships Ethics in Industrial Relations – reflections on a career from bar to bench Ethics on Friday: when a client’s capacity is in doubt Ethics on Friday: ethics begins at home Ethics on Friday: pointing the finger Ethics on Friday: ethical dilemmas in advocacy

9 10 11 14 14 16

Family

Incapacity in relationships: the tension between SAT and the Family Court – who wins?

Drafting family law orders and settlement offers Dealing with family violence: a new legal approach Asset protection and the Family Court

6 9 9 15

Guardianship and Administration

Incapacity in relationships: the tension between SAT and the Family Court – who wins?

6

Insolvency

Insolvency Law Reform Act

10

Intellectual Property

What the Productivity Commission said about copyright

10

Legal Support

The Essential Legal Assistant Course

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA)

15

Practice and Procedure

Art of the eTrial CMC List practice and procedure Jump start your digital marketing The Business Case for New Law: will AI or legalbots replace us?

Legal Practice Set-up – Getting it right from the start Paperless office The bottom line depends on business development Outperforming through creating an excellent client experience Conscious leadership Mindfulness and managing your energy Outperforming through creating an excellent client experience QPS Accreditation Workshop one QPS Accreditation Workshop two

8 9

De-mystifying accounting for lawyers Mediation update for practitioners Briefing Barristers: getting it right Empowering communication: managing emotions in difficult conversations Online legal research skills including accessing free resources

6 8 8 9 10 11 12 13 14 14 6 6 7 7 13

Property

Property law update Strata Reform: dispute resolution changes and reforms to protection of purchasers eConveyancing and electronic land contracts update

7 8 12

Restraining Orders

Dealing with family violence: a new legal approach

9

Strata Title

Strata Reform: dispute resolution changes and reforms to protection of purchasers

8

Succession

Urgent wills and assessing a client’s mental capacity 2

6

Professional Skills

16

Trusts

Family and business trusts

Thanks to our CPD partner

15

Practice Management

Criminal

Criminal law update: a review of Court of Criminal Appeal decisions Dealing with family violence: a new legal approach Voluntary criminal case conferencing Risk assessment of sex offenders

Personal Injury

Developments in PPSA

Costs

Beware the Ides of March – the dark arts of costs

6 8 9 11 12 12 14 15

Personal Property

Corporate

Directorial liability for corporate failings – three contemporary developments

Mediation update for practitioners Art of the eTrial CMC List practice and procedure Important cases from 2016 for commercial litigators Advocate’s immunity Drafting settlement offers and deeds The art of identifying case theories in commercial litigation Contract law masterclass

7

2 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Keeping up to date with the latest legal and professional developments

The Essential Legal Assistant Course Delivered live online 11 week course commencing Monday, 19 June 2017, 5.30pm – 7.30pm Same days, same time, same course content … delivered live online with legal topics delivered via our eLearning portal.

This will enable legal support staff in the CBD, regional, rural and remote Western Australia to participate in this programme, from their work or home computer.

Expressions of interest email cpd@lawsocietywa.asn.au lawsocietywa.asn.au

Scott Print are proud to be print sponsors of the Law Society’s CPD Programme.

Scott Print are a new breed of printer specialising in corporate documents and transactions – delivering on time, on budget and to the highest standards.

We’re the people to trust if you need design and printing confidentially, quickly, accurately and all in an environmentally sustainable way.

 www.scott.com.au // 08 9223 7788 // 4 Aberdeen St Perth WA 6000 

John Scott B.Law W.Aust, M.Law NSW

Director and Account Manager 9223 7788 / john@scott.com.au

Tim Scott B.Sc (EnvSc) W.Aust

Director and Account Manager 9223 7788 / tim@scott.com.au

FRIDAY, 17 FEBRUARY 2017 | THE UNIVERSITY CLUB CRAWLEY, WESTERN AUSTRALIA

Australia’s Place in the World This flagship legal conference focuses on Australia’s place in the world. Law Summer School 2017 examines important topics of federal jurisdiction, conflict of laws, resources and reform, property law and estate planning amongst others.

Law Summer School promises to engage you in active discussion with an extraordinary calibre of speakers as they share their views on Australia’s place in the world, its implications for the Australian justice system and for legal practice in Western Australia.

Earn 6 CPD Points across four competencies

With thanks to our sponsors Plenary sponsor

Plenary sponsor

Federal Jurisdiction and Conflict of Laws

Money, Banking and Crypto Currencies: A legal perspective

Lanyard sponsor

Tea break sponsor

Concurrent session sponsor

PROGRAMME Time

Description

7.00am – 7.40am

Registration and breakfast

7.40am – 7.50am

Welcome to Country by Barry McGuire

Introduced by/Chair

Opening address by Alain Musikanth, President, The Law Society of Western Australia 7.50am – 8.50am

1. Breakfast plenary: Australian Lawyers in the Asia Pacific Region Senator the Hon George Brandis QC, Attorney-General for Australia

Alain Musikanth President, The Law Society of Western Australia

8.50am – 9.00am 9.00am – 10.30am

2. Keynote plenary: Australia’s Place in the World The Hon Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria

10.30am – 11.00am

Morning tea

11.00am – 12.30pm

3. Concurrent Sessions 3.A Property Law – Foreign Investment in Australian Property Simon Taskunas, Partner, Clayton Utz Peter Beekink, Partner, Lavan 3.B Estate Planning – Discretionary Testamentary Trusts Robert Sceales, Senior Partner, Sceales Lawyers Sally Bruce, Special Counsel, Jackson McDonald 3.C Resources and Reform from an Ocean and Mining Perspective Professor Erika Techera, Director of the Oceans Institute, The University of Western Australia Brad Wylynko, Partner, Clayton Utz 3.D The Business Case For Work Practices That Promote Good Mental Health Dr Rebecca Michalak, Principal Consultant, PsychSafe Kylie Groves, Partner, Squire Patton Boggs Samuel Witton, Senior Associate, Herbert Smith Freehills

12.30pm – 1.30pm

Lunch

1.30pm – 2.30pm

4. Plenary: Federal Jurisdiction and Conflict of Laws The Hon Robert French AC, Chief Justice of the High Court of Australia Matthew Howard SC, President, Western Australian Bar Association

2.30pm – 3.00pm

Afternoon tea

3.00pm – 4.00pm

5. Plenary: Money, Banking and Crypto Currencies: A Legal Perspective The Hon Justice Nye Perram, Federal Court of Australia Sarah Green, Associate Professor of Law, University of Oxford, United Kingdom

4.00pm – 5.00pm

6. Closing plenary: Reflections of a Former Ambassador to the USA The Hon Kim Beazley AC, Former Deputy Prime Minister of Australia and Australian Ambassador to the United States of America

5.00pm – 6.30pm

Networking Drinks

Register online at lawsocietywa.asn.au Enquiries: (08) 9324 8692 I Fax: (08) 9324 8699

John Fiocco Convenor, Law Summer School Organising Committee

Penny Carruthers Lecturer, The Law School, The University of Western Australia Thomas Henn Managing Director, Willpower Legal Professor Richard Bartlett Director of the Centre for Mining, Energy and Natural Resources Law, The University of Western Australia Marshall McKenna Partner, Gilbert + Tobin

Brahma Dharmananda SC Barrister, Quayside Chambers

The Hon Justice Janine Pritchard Supreme Court of Western Australia Dr Natalie Skead Dean, The Law School The University of Western Australia

4

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

FEBRUARY–JUNE 2017

CONTINUING PROFESSIONAL DEVELOPMENT CALENDAR FEBRUARY 2017 Monday, 13 February 3.00pm – 5.00pm | Page 6 Jump start your digital marketing

Tuesday, 21 February 5.00pm – 6.00pm | Page 6 Mediation update for practitioners

Tuesday, 14 February 4.00pm – 6.00pm | Page 6 De-mystifying accounting for lawyers

Wednesday, 22 February 9.00am – 12.15pm | Page 7 Property law update

Wednesday, 15 February 5.00pm – 6.00pm | Page 6 Incapacity in relationships: the tension between SAT and the Family Court – who wins?

Tuesday, 21 February 9.00am – 10.30am | Page 6 The Business Case for New Law: will AI or legalbots replace us?

Wednesday, 22 February 5.00pm – 6.00pm | Page 7 Directorial liability for corporate failings – three contemporary developments Thursday, 23 February 9.00am – 10.30am | Page 7 Family and business trusts Thursday, 23 February 4.30pm – 6.30pm | Page 7 Briefing Barristers: getting it right

Friday, 24 February 10.30am – 12.30pm | Page 7 Empowering communication: managing emotions in difficult conversations Monday, 27 February 4.30pm – 6.30pm | Page 8 Art of the eTrial Tuesday, 28 February 9.00am – 11.00am | Page 8 Strata Reform: dispute resolution changes and reforms to protection of purchasers Tuesday, 28 February 3.00pm – 5.00pm | Page 8 Legal Practice Set-up – Getting it right from the start

MARCH 2017 Wednesday, 1 March 4.30pm – 6.00pm | Page 8 Criminal law update: a review of Court of Criminal Appeal decisions Thursday, 2 March 9.30am – 11.00am | Page 8 Paperless office Thursday, 2 March 4.30pm – 6.30pm | Page 9 CMC List practice and procedure Friday, 3 March 1.00pm – 2.00pm | Page 9 Ethics on Friday: fiduciary relationships Tuesday, 7 March 5.00pm – 6.00pm | Page 9 Drafting family law orders and settlement offers

Wednesday, 8 March 9.00am – 12.30pm | Page 9 The bottom line depends on business development

Wednesday, 15 March 9.00am – 1.30pm | Page 10 Beware the Ides of March – the dark arts of costs

Wednesday, 8 March 4.30pm – 6.00pm | Page 9 Dealing with family violence: a new legal approach

Wednesday, 15 March 5.00pm – 6.00pm | Page 10 What the Productivity Commission said about copyright

Monday, 13 March 9.00am – 11.00am | Page 10 Outperforming through creating an excellent client experience Tuesday, 14 March 9.30am – 10.30am | Page 10 Insolvency Law Reform Act Tuesday, 14 March 5.15pm – 6.15pm | Page 10 Ethics in Industrial Relations – reflections on a career from bar to bench

Thursday, 16 March 9.00am – 12.15pm | Page 11 Construction law masterclass Thursday, 16 March 5.00pm – 6.00pm | Page 11 Important cases from 2016 for commercial litigators Friday, 17 March 10.30am – 12.30pm | Page 11 Conscious leadership

Register online at lawsocietywa.asn.au/cpd

SEMINARS 5

MARCH 2017 Friday, 17 March 1.00pm – 2.00pm | Page 11 Ethics on Friday: when a client’s capacity is in doubt

Thursday, 23 March 9.30am – 11.30am | Page 12 eConveyancing and electronic land contracts update

Wednesday, 29 March 5.00pm – 6.30pm | Page 13 Risk assessment of sex offenders

Monday, 20 March 9.00am – 11.00am | Page 11 Sale of business agreements

Thursday, 23 March 5.00pm – 6.00pm | Page 12 Drafting settlement offers and deeds

Thursday, 30 March 1.00pm – 2.00pm | Page 13 Online legal research skills including accessing free resources

Tuesday, 21 March 9.00am – 11.00am | Page 12 Mindfulness and managing your energy Wednesday, 22 March 9.00am – 12.15pm | Page 12 Estate Planning masterclass Wednesday, 22 March 5.00pm – 6.00pm | Page 12 Advocate’s immunity

Tuesday, 28 March 9.00am – 12.15pm | Page 13 Will drafting masterclass Tuesday, 28 March 5.00pm – 6.30pm | Page 13 Voluntary criminal case conferencing Wednesday, 29 March 1.00pm – 2.00pm | Page 13 Outperforming through creating an excellent client experience

MAY 2017

JUNE 2017

Thursday, 25 May 3.45pm – 6.00pm | Page 14 QPS Accreditation Workshop one

Thursday, 1 June 3.45pm – 6.00pm | Page 14 QPS Accreditation Workshop two

Thursday, 30 March 5.00pm – 6.00pm | Page 14 The art of identifying case theories in commercial litigation Friday, 31 March 1.00pm – 2.00pm | Page 14 Ethics on Friday: ethics begins at home

Friday, 16 June 1.00pm – 2.00pm | Page 14 Ethics on Friday: pointing the finger

ANYTIME LEARNING WITH Available now | Page 15 Asset protection and the Family Court Available now | Page 15 Developments in PPSA Available now | Page 15 Motor Vehicle (Catastrophic Injuries) Act 2016 (WA)

Available now | Page 15 Issues relating to company meetings and lawyers acting as directors Available now | Page 15 Contract law masterclass

Available now | Page 16 Shareholder and joint venture agreements and disputes Available now | Page 16 Urgent wills and assessing a client’s mental capacity

Available now | Page 16 Ethics on Friday: ethical dilemmas in advocacy

57 hours of content

44 seminars available

Access CPD on your terms

elearning.lawsocietywa.asn.au

6

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Practice Management

Monday, 13 February 3.00pm – 5.00pm Jump start your digital marketing Evan Dela-Grammaticas Digital Advisor, Bonfire

Digital marketing is an essential consideration when trying to establish a new business or grow an existing one. From the smallest of service providers through to the largest of practices, a considered strategy can be the difference between business growth and stagnation.

Jump start your digital marketing provides a deeper understanding of the digital landscape, an understanding of the primary tools available and some guidance on when and how to employ them to maximise outcomes.

Level: General 2 points, Competency 1, Practice Management

Member - $230 Non-member - $300 CPD Active - $0

Professional Skills

Tuesday, 14 February 4.00pm – 6.00pm De-mystifying accounting for lawyers GiGi Visscher Barrister, Francis Burt Chambers

Financial statements are vital to every business as they determine its financial position and performance. Such information is crucial to your commercial clients and it is vital that you, as a lawyer acting on your client’s behalf.

De-mystifying accounting for lawyers provides an understanding of key statements, namely balance sheets, profit and loss, income statements and cash flow. GiGi Visscher, who is both a barrister and chartered accountant, coherently explains accounting concepts and procedures to help demystify the topic and provides answers to questions that practitioners, at times, are too afraid to ask.

Level: General 1 point, Competency 1, Practice Management 1 point, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

Family Guardianship and Administration

Wednesday, 15 February 5.00pm – 6.00pm Incapacity in relationships: the tension between SAT and the Family Court – who wins?

Chair: Charlotte Wallace Senior Member, State Administrative Tribunal Andrew Davies Partner, O’Sullivan Davies

Of recent time the Family Court has had to deal with property settlement and maintenance issues between couples who no longer live together, but are still married, because of failing health or specific care needs. In these situations it is becoming increasingly common for spouses being forced to apply to the Family Court to protect their interests to counter an application by an adult child or a sibling seeking to be appointed an Administrator or enforcing an Enduring Power of Attorney.

Tensions and confusion arise between orders made by SAT and orders made in the Family Court. These issues create real difficulties for practitioners and parties appearing in each forum. This seminar seeks to discuss these issues and outline some practical matters for solicitors to consider.

Approved for 1 Family Law Accreditation point.

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law

Member - $79 Non-member - $99 CPD Active - $0

Practice Management

Tuesday, 21 February 9.00am – 10.30am The Business Case for New Law: will AI or legalbots replace us?

Terri Mottershead, Principal, Mottershead Consulting Ken Jagger, Co-Founder, Lawyers on Demand Catriona Macleod, Director, Cullen Macleod Greg Smith, Principal, Nexus Legal Group Sam Spilsbury, Technical Director, Jurimetrics Member - $180 Non-member - $250 CPD Active - $0

Professional Skills Litigation

Tuesday, 21 February 5.00pm – 6.00pm Mediation update for practitioners Chair: The Hon Justice John Chaney Supreme Court of Western Australia Michael Hollingdale Partner, HWL Ebsworth

The legal profession has changed irreversibly and indisputably.

Terri Mottershead explains how we transition from traditional law to new law and examines questions many practitioners have including: • • • •

what is it that lawyers do in the new normal? will legalbots replace us? are we service or product providers and who are our clients? do we have the human resources (leaders and employees) to deliver what is expected of us?

This seminar makes the business case for new law, by identifying and analysing the new legal services/products marketplace, the new and emerging law firm business models to accommodate it, and the very different legal workforce, workplaces and workspaces that are critical to successfully making the change.

Level: General 1.5 points, Competency 1, Practice Management The vast majority of court actions now settle without going to trial, often as a result of mediation. Keeping up to date on the mediation process and potential opportunities and risks it presents for you and your clients is important.

Mediation update for practitioners focuses on: • current mediation practice trends in: • WA courts, including mediations presided over by judges • the Federal Court • ADR institutions, domestic and international • recent cases (nationally), including those that deal with adverse costs orders • accreditation of mediators by the Law Society and the proposal for a national system of accreditation for lawyer mediators

Level: General Member - $125 Non-member - $185 CPD Active - $0

1 point, Competency 2, Professional Skills

Register online at lawsocietywa.asn.au/cpd

SEMINARS 7 Property

Wednesday, 22 February 9.00am – 12.15pm Property law update Chair: Gary Thomas, Partner, Tottle Partners John Syminton, Director, Warren Syminton Ralph Pty Ltd Mary Pringle, Partner, Clayton Utz Alex Salvaris, Director, Warren Syminton Ralph Pty Ltd Simon Moen, Partner, Jackson McDonald Matthew Reid, Partner, Jackson McDonald Member - $348 Non-member - $418 CPD Active - $0

A practical review and update on property law and other developments in the property industry in general.

Experienced property law practitioners speak on the latest developments in property law including: • retail and commercial lease update • best practices in drafting leases – tips and traps • planning and environment update • analysis of the key amendments in the Sale of Land Amendment Bill 2016 which will come into effect on 31 March 2017 Level: Intermediate/Advanced 3 points, Competency 4, Substantive Law

Mark Etherington, Senior Associate, Clayton Utz

Corporate

Wednesday, 22 February 5.00pm – 6.00pm Directorial liability for corporate failings – three contemporary developments Chair: Leigh Warnick Barrister, Francis Burt Chambers Steven Cole Managing Director, Cole Corporate

In an attempt to control the risk of corporate illegality and malfeasance, society has increasingly sought to hold corporate directors personally liable for such corporate failings.

But has the pendulum swung too far in society’s pursuit of this control mechanism?

Steven Cole reviews three contemporary developments relevant to directorial liability for corporate failings namely: • personal criminal liability for corporate illegality – Directors’ Liability Reform Bill 2015 (WA) • corporate insolvency reform • ASIC v Cassimatis (No 8) [2016] FCA 1023 (Storm Financial) Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law

Member - $125 Non-member - $185 CPD Active - $0

Trusts Commercial

Thursday, 23 February 9.00am – 10.30am Family and business trusts Chair: Greg Calder Partner, Butcher Paull & Calder Colin Munro Director, Munro Doig Brian Lovitt Director, Hewett & Lovitt

Practical drafting and tax issues involved in family and business trusts addressing: • best practices in drafting trust deeds and common errors • drafting clauses for change in trustee or guardian or appointor caused by events such as bankruptcy and family breakdowns • discussion of Mercanti v Mercanti [2016] WASCA 206 • are unit trusts still relevant?

• trust cloning • tax aspects of change in ownership of unit trusts • tax aspects of change in beneficiaries • tax implications of change in residency of trustee or guardian or appointor • equalisation clauses, re-characterisation clauses, unpaid present entitlements and sub trusts

Level: Intermediate/Advanced 1.5 points, Competency 4, Substantive Law

Member - $180 Non-member - $250 CPD Active - $0

Professional Skills

Thursday, 23 February 4.30pm – 6.30pm Briefing Barristers: getting it right Chair: Stephen Davies SC Barrister, Francis Burt Chambers Clare Thompson Barrister, Francis Burt Chambers Ashley Macknay Director, MDS Legal

Briefing barristers is an important but often overlooked skill. It is not often taught but simply ‘picked up’ along the way. Experienced speakers from the bar and the amalgam present on how to get the brief ‘right’ first time, thus ensuring your client obtains maximum benefit.

Learn how to work collaboratively with your barrister by knowing what helps them, how to save time, what they need and what they don’t need. Hear examples of ‘best practice’ and what to do and not do when briefing.

Solicitors of all levels will find this practical seminar useful to brush up on skills in this important area.

Level: General 2 points, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

Professional Skills

Friday, 24 February 10.30am – 12.30pm Empowering communication: managing emotions in difficult conversations Ellie Scarf Executive Coach and Facilitator, Madston Black

Empowering communication, the second of the two workshops in this space, aims to increase the confidence of participants to communicate assertively and to make effective requests.

Examine theories about how the brain operates under pressure and be introduced to a model that explains how the brain reacts in high stress moments. Learn tools and techniques for managing emotions in crucial conversations and examine some of the elements of ‘presence’, what differentiates a good request from a bad one, and emotional response mechanisms.

Level: General 2 points, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

8

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Litigation Practice and Procedure

Monday, 27 February 4.30pm – 6.30pm Art of the eTrial Chair: Dr Pat Saraceni Director, Litigation and Dispute Resolution, Clifford Chance Deputy District Registrar Russell Trott Federal Court of Australia Elizabeth Miller Head – eCourt Services, Law in Order

• recent changes in Federal Court Practice Notes to embrace efficiencies, including appropriate use of technology • Electronic Lodgment (eLodgment) and the Electronic Court file • Electronic Discovery and the eCourtroom • how electronic discovery is undertaken • what technologies are being used in electronic Trials and why?

Discover how new tools and technology can support you to practice litigation with increased accuracy and efficiency, and bring your case to life.

Level: General 1 point, Competency 1, Practice Management 1 point, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

Strata Title Property

Tuesday, 28 February 9.00am – 11.00am Strata Reform: dispute resolution changes and reforms to protection of purchasers

Member - $230 Non-member - $300 CPD Active - $0

The volume of potential evidence required in court is reaching immense proportions. Many courts have invested in the provision of state-of-the-art court rooms and electronic filing thus establishing cost effective technology solutions to practitioners. Art of the eTrial focuses on:

Reforms to the Strata Titles Act 1985 (STA) will result in substantial changes to the way strata disputes are resolved and the disclosure obligations on sellers of strata lots and the avoidance rights of purchasers. This seminar focuses on these two areas, in particular:

Chair: Mark Atkinson Director, Atkinson Legal

• expansion of the jurisdiction of the State Administrative Tribunal (SAT) to resolve almost all strata disputes • what additional powers SAT will be granted to resolve strata disputes • case studies demonstrating how the dispute resolution reforms will work • new seller disclosure obligations • how buyer avoidance rights will be changed

Alison Fleming Lead Lawyer, Strata Titles Act Reform, Landgate

This seminar is highly recommended for all who practice in strata titles and property law in general.

Sean Macfarlane Senior Lawyer, Strata Titles Act Reform, Landgate

Level: General/Intermediate

Practice Management

Tuesday, 28 February 3.00pm – 5.00pm Legal Practice Set-up – Getting it right from the start Chair: Sam Gray, Principal, Incito Wealth

2 points, Competency 4, Substantive Law

Are you considering starting your own practice or thinking of taking a partnership position at a small firm? Or have you recently started your own practice and feel out of your depth?

If the answer is yes to any of the above this seminar provides an overview of all the considerations that are crucial to running your own practice including: • the difference between manager, entrepreneur and technician • structuring your business, strategic planning and budgeting • practicalities such as insurances, technology, marketing and processes and procedures

Steven Bell, Principal, Outsourced Business Solutions

Don’t make the wrong decision about starting or joining a firm because you don’t ask the right questions or consult with the right people beforehand. Gain clarity on what underpins the successful operation of a small firm.

Jaine Edge, Principal, Jaine Edge Human Resources

Level: General

Wendy Davies, Director, Moore Stephens (WA) Pty Ltd

2 points, Competency 1, Practice Management

Member - $230 Non-member - $300 CPD Active - $0

Criminal

Wednesday, 1 March 4.30pm – 6.00pm Criminal law update: a review of Court of Criminal Appeal decisions

Chaired by the Hon Justice Michael Buss, President, Court of Appeal Division, Supreme Court of Western Australia, this seminar takes a 12 month reflection over the decisions of the Court of Appeal including convictions overturned and sentencing appeals.

Chair: The Hon Justice Michael Buss Supreme Court of Western Australia

Paul Yovich SC provides a review of sentencing appeals, Sam Vandongen SC addresses conviction appeals in addition to highlighting cases of significance and Karen Farley SC examines the cases of Churnside v The State of Western Australia (2016) WASCA 146 and LCM v The State of Western Australia (2016) WASCA 164.

Karen Farley SC, Appeals Consultant, Legal Aid WA

Level: Advanced

Sam Vandongen SC, Barrister, Francis Burt Chambers Paul Yovich SC, Barrister, Francis Burt Chambers

1.5 points, Competency 4, Substantive Law

Member - $79 Non-member - $99 CPD Active - $0

Practice Management

Thursday, 2 March 9.30am – 11.00am Paperless office Chair: Garth Brown Business Development Manager, Softlog Systems Australia Zahn Nel, Director, CT Group Solutions Catriona Macleod, Director, Cullen Macleod Lawyers Stephen Williams, Partner, Kott Gunning Nikki Rollason, Practice Manager, O’Sullivan Davies Member - $180 Non-member - $250 CPD Active - $0

Peter Liron, Principal Consultant, Pace Enterprises

Change within the legal sector continues to accelerate.

Client power continually increases, partly because of access to technology that’s developing at an exponential rate. This is one of the key reasons we need to understand how we can become more efficient, agile and dynamic in our business practices. In order to thrive in today’s legal market, it is becoming increasingly important to rethink old formats, lose preconceptions and, ultimately, reimagine our businesses. Paperless office looks at some of these aspects in a digital world such as electronic document management solutions, efficient document storage for digital files and concepts firms are adapting for a more ‘paperlight’ office, all whilst ensuring protection of your confidential information.

Level: General 1.5 points, Competency 1, Practice Management

Register online at lawsocietywa.asn.au/cpd

SEMINARS 9 Litigation Practice and Procedure

Thursday, 2 March 4.30pm – 6.30pm CMC List practice and procedure Chair: The Hon Justice John Chaney Supreme Court of Western Australia

Member - $230 Non-member - $300 CPD Active - $0

The Commercial and Managed Cases (CMC) List covers more than just big commercial cases and can be an efficient way to get to the end of a dispute on matters that would be assisted by intensive case management.

The Hon Justice John Chaney and experienced practitioners present on the current best practice and procedure in the CMC List and how to prepare well under the scrutiny of intensive case management.

This seminar deals with developing effective strategies to obtain the maximum benefits of appearing in the CMC List and encouraging the timely resolution of disputes in particular in the following types of matters:

Matt Howard SC Barrister, Francis Burt Chambers

• commercial litigation • specialist applications (Part 9 in the Consolidated Practice Directions) • defamation

Jason MacLaurin Barrister, Francis Burt Chambers

Level: General

Cameron Sweeney Director, Eastwood Sweeney Law

Ethics

Webinar

Friday, 3 March 1.00pm – 2.00pm Ethics on Friday: fiduciary relationships Elspeth Hensler Barrister, Francis Burt Chambers

1 point, Competency 2, Professional Skills 1 point, Competency 4, Substantive Law

The fiduciary obligations lawyers owe their clients are fundamental to the practice of law. In this webinar, fiduciary obligations are considered in the context of the lawyer and client relationships focusing on: • a brief reminder of the fundamentals of fiduciary relations and the essential duties • the nature and extent of duties between lawyer and client • remedies for breach of duty, including complaints • recent developments • some practical observations Level: General 1 point, Competency 3, Ethics and Professional Responsibility

Member - $125 Non-member - $180 CPD Active - $0

Family

Tuesday, 7 March 5.00pm – 6.00pm Drafting family law orders and settlement offers

Gain practical knowledge on the fundamental issues relating to drafting family law orders and settlement offers.

This interactive seminar focuses on: • the initial client interview and how to take instructions from clients • drafting preparation tips and tricks that will set you up for success • drafting settlement offers in both property/financial and children’s matters

Chair: Elizabeth Hynes Director, DCH Legal

• perfecting the art of drafting family law orders in both property/ financial and children’s matters, including how they should be written, and what material should be included and excluded.

Paula Wilkinson Director, Kim Wilson & Co

This seminar is highly recommended for practitioners who practice in the area of family law.

Level: General 1 point, Competency 2, Professional Skills

Member - $79 Non-member - $99 CPD Active - $0

Practice Management

Wednesday, 8 March 9.00am – 12.30pm The bottom line depends on business development Shirley Anne Fortina Director, The POD Consultancy Pty Ltd Principal, Edge International

Lawyers have a limited time to focus on business development hence it is critical to have a plan with structured processes in place to ensure every interaction counts. With a retracting market, increased competition, digitisation and automation it is now more important than ever for each lawyer to understand the numbers and how their day-to-day activities have the ability to impact and influence what differentiates them and their value proposition over others.

This seminar provides practitioners with the opportunity to build their financial knowledge and reinforce and/or grow their business development skills. Leave with a draft personal plan along with some practical tools to help deliver on that plan.

Level: General 3 points, Competency 1, Practice Management

Member - $399 Non-member - $499 CPD Active - $120

Criminal Restraining Orders Family

Wednesday, 8 March 4.30pm – 6.00pm Dealing with family violence: a new legal approach

Member - $79 Non-member - $99 CPD Active - $0

The Restraining Orders and Related Legislation Amendment (Family Violence) Bill 2016 has amended a number of important Acts, including The Criminal Code and the Restraining Orders Act 1997.

The Attorney General and Michael Hovane provide a detailed overview of the changes including: • the introduction of a wider definition of ‘family violence’ forming the basis for making a Family Violence Restraining Order (FVRO) • allowing victims who have a FVRO against a jailed offender to be heard when the offender is considered for release from prison

Chair: Elizabeth Needham Barrister, Francis Burt Chambers

• clarifying when FVROs can be made for a period of longer than the current default two-year period

Michael Hovane Managing Solicitor, Domestic Violence Legal Unit, Legal Aid WA

• clarifying that FVROs can restrain cyber-stalking and revenge porn

The Hon Michael Mischin MLC, Attorney General

Level: General 1.5 points, Competency 4, Substantive Law

10

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Practice Management

Monday, 13 March 9.00am – 11.00am Outperforming through creating an excellent client experience Carl White CXINLAW Consultancy Director

Investing in the client experience is one of the most overlooked yet cost-effective ways to outperform in today’s competitive legal environment.

The cost of acquiring a new client is six to 10 times more than keeping an existing one. 80% of law firms view their service as ‘above average’, conversely 60% of legal clients describe their experience as ‘below average’. Why is it that 78% of Australian law firms fail the ‘first impression test’ and lose the opportunity to convert a new enquiry into profitable work and a loyal client who will provide referrals?

Gain critical insights to help your firm significantly increase client instructions, retained clients, referral rates and fees billed.

Level: General 2 points, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

Insolvency

Tuesday, 14 March 9.30am – 10.30am Insolvency Law Reform Act Chair: Philip Blaxill Partner, Allens Victoria Butler Partner, Jackson McDonald

2017 is expected to be a year of change in the area of insolvency and restructuring law.

The Insolvency Law Reform Act 2016 will commence in stages on 1 March 2017 and 1 September 2017 and will significantly impact the Corporations Act 2001 and the Bankruptcy Act 1966.

Examine the changes to insolvency law, its implications for practitioners and consider the proposed changes around: • the new safe harbour protection for directors from personal liability for insolvent trading • the operation of ipso facto clauses • reducing the current default bankruptcy period from three years to one year

Level: General 1 point, Competency 4, Substantive Law

Member - $125 Non-member - $185 CPD Active - $0

Ethics

Tuesday, 14 March 5.15pm – 6.15pm Ethics in Industrial Relations – reflections on a career from bar to bench Chair: Nicholas Ellery, Partner, Corrs

Industrial relations can often be a polarising experience for employers, employees and union representatives. At times, there are unique ethical issues that can arise given the personal and sometimes political interface attached to industrial relations and issues of employment.

Hear from three preeminent members of the Court and Tribunals as they reflect on their experiences in dealing with unique ethical issues through their careers both at the bar table and now the bench.

Following from the seminar join our speakers and members of the profession for refreshments and canapés.

The Hon Justice Michael Barker, Federal Court of Australia This is seminar is presented in association with the Australian Deputy President Melanie Binet, Fair Work Commission Commissioner Toni Emmanuel WA Industrial Relations Commission

Labour Lawyers Association.

Level: General 1 point, Competency 3, Ethics and Professional Responsibility

Member - $125 Non-member - $185 CPD Active - $0

Costs

Wednesday, 15 March 9.00am – 1.30pm Beware the Ides of March – the dark arts of costs

Effective costs and billing practice is a fundamental component and essential skill for any lawyer. This seminar is a practical, hands-on masterclass of the law of costs and billing and will focus on:

Maria-Luisa Coulson, Legal Practitioner Director, Coulson Legal

• the core areas of the law of costs including retainers, costs agreements, trust accounts, disclosure, billing and taxation/assessment of costs • costs agreement clauses that work and don’t work, and things to watch out for • new, better ways to draw bills • billing alternatives including fixed fees and value based billing • gaining an understanding of ethical billing – what can and cannot be billed • what the LPCC is looking out for and analysis of recent disciplinary cases • survey of case law

Fraser Robertson, Barrister, John Toohey Chambers

Level: General

Chair: Matthew Curwood, Barrister, Francis Burt Chambers

Stewart Forbes, Barrister and Solicitor

Member - $438 Non-member - $508 CPD Active - $0

2 points, Competency 1, Practice Management 1 point, Competency 2, Professional Skills 1 point, Competency 3, Ethics and Professional Responsibility

Philippa Rezos, Manager Rapid Resolution Team, Legal Profession Complaints Committee

Intellectual Property

Wednesday, 15 March 5.00pm – 6.00pm What the Productivity Commission said about copyright David Stewart Principal, Williams Hughes

In September 2016, the Productivity Commission handed down its inquiry report into Australia’s intellectual property system. The inquiry report’s recommendations in regard to copyright laws have been controversial, drawing criticism from copyright holders and other interested parties. This seminar provides an overview of copyright generally and focuses on the changes recommended to copyright laws in the inquiry report namely: • • • • • • • •

adopting fair use in Australia contracting out copyright exceptions geoblocking online content parallel importation of books copyright collecting societies statutory licensing pages online copyright infringement expanding the safe harbour regime

Level: General Member - $125 Non-member - $185 CPD Active - $0

1 point, Competency 4, Substantive Law

Register online at lawsocietywa.asn.au/cpd

SEMINARS 11 Construction

Thursday, 16 March 9.00am – 12.15pm Construction law masterclass Chair: Chris Ryder, Partner, Corrs Chambers Westgarth Stephen Boyle, Partner, Clayton Utz Beth Cubitt, Partner, Clyde & Co Kanaga Dharmananda SC, Barrister, Quayside Chambers Tom Porter, Barrister, Francis Burt Chambers

A practical review and update on the recent amendments to the Constructions Contracts Act. Hear experienced construction law practitioners discuss the latest developments in the area in particular: • analysis of the impact of the recent changes to the Act • making an adjudication application under section 26 of the Act • responding to an application for adjudication under section 27 of the Act • judicial review of adjudication awards including setting aside a determination for jurisdictional error and analysis of key decisions from the Supreme Court and the Court of Appeal Update your knowledge with the latest developments in the area to ensure that you are able to provide the most effective solutions for your clients.

Level: Intermediate/Advanced

Sarah Russell, Barrister, Francis Burt Chambers

3 points, Competency 4, Substantive Law

Member - $348 Non-member - $418 CPD Active - $0

Commercial Litigation

Thursday, 16 March 5.00pm – 6.00pm Important cases from 2016 for commercial litigators Chair: The Hon Justice David Newnes Supreme Court of Western Australia Rebecca Lee, Barrister, Francis Burt Chambers

A practical review of important and significant cases in commercial law from 2016.

Chaired by his Hon Justice David Newnes, barristers Joel Yeldon, Rebecca Lee and Matthew Crowley each discuss several hand-picked cases, outlining their findings, explaining their significance and seeking to draw themes and emerging trends in a practical and succinct way. This seminar provides the opportunity to hear discussions about the more notable and interesting commercial decisions in the past year Level: General 1 point, Competency 4, Substantive Law

Joel Yeldon, Barrister, Francis Burt Chambers Matthew Crowley, Barrister, Francis Burt Chambers Member - $125 Non-member - $185 CPD Active - $0

Practice Management

Friday, 17 March 10.30am – 12.30pm Conscious leadership Sarab Singh CEO, Illuminate Group

Many of the processes, systems, values and business models used by organisations were designed for the industrial age. Science tells us these approaches do not work in the intelligence age, therefore as leaders our approach and skills need to change.

Conscious Leadership explores: • cognitive behavioural psychology of leadership • authority cue and influence • leadership styles • how trust and confidence impact the workplace • building and maintaining positive workplace relationships • emotional intelligence • fostering employee engagement • cognitive frames and the formation of biases • awareness of unconscious thoughts and biases This seminar is designed to improve your conscious leadership by creating lightbulb moments which will help personally and professionally.

Level: General 2 points, Competency 1, Practice Management

Member - $230 Non-member - $300 CPD Active - $0

Ethics

Friday, 17 March 1.00pm – 2.00pm Ethics on Friday: when a client’s capacity is in doubt James Healy Barrister, Francis Burt Chambers

Examine the Law Society’s new guidelines for practitioners on what to do and what resources are available to assist practitioners where they are concerned that their client may lack capacity to give instructions or make their own legal decisions.

This may be for a range of reasons – the client may have an intellectual disability, an acquired brain injury, mental illness or an age related cognitive disability, such as Alzheimer’s disease, which impairs their capacity to make decisions.

Dealing with a situation where a person’s capacity is in issue is often a complex area and this seminar provides some basic principles which can guide practitioners in responding to these situations.

A light lunch is provided.

Level: General 1 point, Competency 3, Ethics and Professional Responsibility Member - $137 Non-member - $197 CPD Active - $0

Commercial

Monday, 20 March 9.00am – 11.00am Sale of business agreements Chair: Fiona Halsey Director, Halsey Legal Damian Quail Director and Principal, Williams Hughes Luke Paterson Partner, Jackson McDonald Member - $230 Non-member - $300 CPD Active - $0

An overview on drafting sale of business agreements and the settlement process – essential for all practitioners practising in the area.

Experienced speakers provide practical tips on what to look out for and how to better represent your client in a sale of business transaction with particular focus on the following areas: • • • • • • • • •

drafting tips for sale of business agreements drafting pitfalls to avoid the pros and cons of standard form agreements effecting a sale of business settlement third parties in business sale transactions ancillary agreements deeds of assignment novation avoiding common areas of dispute

Level: General 1 point, Competency 2, Professional Skills 1 point, Competency 4, Substantive Law

12

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Practice Management

Tuesday, 21 March 9.00am – 11.00am Mindfulness and managing your energy Philip Moyle Director and Senior Consultant, Integral Developments Hannah Fitzhardinge Senior Consultant, Facilitator and Executive Coach, Integral Developments

In this seminar learn how to bring about greater focus and clarity, reduce stress levels and give more energy to do the things that are important including: • how to be fully in the present without attachments, judgments and assumptions • be more attuned to feelings and how to shift a state of being when over-burdened and anxious • achieve clarity of thought • reach for a harmonious state of flow in actions at work and at home.

Level: General 2 points, Competency 1, Practice Management

Member - $230 Non-member - $300 CPD Active - $0

Estate Planning

Wednesday, 22 March 9.00am – 12.15pm Estate Planning masterclass Chair: Elizabeth Heenan Special Counsel, Culshaw Miller Sally Bruce Special Counsel, Jackson McDonald Mark Fatharly Partner, Kott Gunning Member - $348 Non-member - $418 CPD Active - $0

Firms practicing mindfulness are reporting decreasing absenteeism, rising productivity and increased success.

Mindfulness is about being aware of what is happening in the present moment and responding appropriately, with clarity of mind and heart.

Amanda Liston Director, Amanda Liston Legal

Litigation

Wednesday, 22 March 5.00pm – 6.00pm Advocate’s immunity Chair: John Vaughan SC Barrister, Francis Burt Chambers Joshua Thomson SC Barrister, Francis Burt Chambers

In recent years the number of clients requiring advice about complex estate planning and Family Provision Act applications has increased dramatically. There has also been a significant increase in the range of strategies and breadth of advice required to implement effective estate planning and Family Provision Act advice. The Estate Planning masterclass addresses the above concerns including: • estate and succession planning involving trusts, SMSFs and private companies • estate planning in blended families • Family Provision Act update • solicitor duties in succession planning • whether solicitors may now have to advise a testator of potential family provision claim Increase your knowledge and be up to date with the latest developments in the area.

Level: Intermediate/Advanced 1 point, Competency 3, Ethics and Professional Responsibility 2 points, Competency 4, Substantive Law

In 2016 the High Court of Australia, in the decision of Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16, reaffirmed the doctrine of advocate’s immunity as good law in Australia despite it being abolished in the UK and New Zealand. However, the High Court confirmed that the immunity applied only to advice that leads to, or is intimately connected with, the conduct of the case in Court. The majority in Attwells v Jackson Lalic Lawyers held that the scope of the immunity does not extend to negligent advice leading to settlement of a case.

Examine the scope of the doctrine in light of Attwells v Jackson Lalic Lawyers and the public policy reasons underlying it.

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law

Member - $125 Non-member - $185 CPD Active - $0

Property

Thursday, 23 March 9.30am – 11.30am eConveyancing and electronic land contracts update Chair: Mark Borrello, Managing Principal, Borrello Graham Jean Villani, Registrar of Titles, Landgate Peta Whyte, Director, Resolve Finance Tim Morgan, Senior Assocaite, Lavan Member - $230 Non-member - $300 CPD Active - $0

Angella Chick, Executive Manager, Practitioner Services WA, PEXA

Litigation

Thursday, 23 March 5.00pm – 6.00pm Drafting settlement offers and deeds Chair: John Fiocco Special Counsel, Slater and Gordon Lawyers Gregory Pynt Barrister, Francis Burt Chambers

A timely update on eConveyancing and electronic land contracts.

Experienced speakers focus on: • Landgate’s vision of the future in regard to eConveyancing • update from PEXA on current and future system capabilities and guidance on how firms can make the transition to electronic conveyancing • update from the Law Society on how the General Conditions are being amended to cater for electronic conveyancing • electronic land contracts – formation and disputes. While there are cost and efficiency benefits to ‘going digital’, examine potential traps for unwary sellers and provide guidance on evidentiary issues that may arise in the event of a dispute.

Also examine compliance with statutory requirements, digital signing and issues with electronic evidence generally.

Level: General 1 point, Competency 2, Professional Skills 1 point, Competency 4, Substantive Law

Drafting settlement offers and deeds can be deceptively complicated with traps for even the most experienced practitioners.

Settlement deeds are often drafted in a rush relying on standard precedent clauses without proper consideration of the individual circumstances of the settlement. This can lead to unintended consequences if the deed is subsequently scrutinised and exposed to a professional negligence claim.

Drafting settlement offers and deeds addresses the above concerns including: • best practice tips on drafting settlement offers, common mistakes and how to avoid them • the pros and cons of Order 24A v Calderbank offers • drafting to ensure your client obtains the full costs benefits of the settlement offer • legal principles regarding the interpretation of settlement deeds by courts

Level: Intermediate/Advanced Member - $125 Non-member - $185 CPD Active - $0

1 point, Competency 4, Substantive Law

Register online at lawsocietywa.asn.au/cpd

SEMINARS 13 Estate Planning

Tuesday, 28 March 9.00am – 12.15pm Will drafting masterclass Chair: John Hockley Barrister, Francis Burt Chambers Susan Fielding Consultant, Jackson McDonald Jim O’Donnell Special Counsel, Jackson McDonald Member - $348 Non-member - $418CPD Active - $0

Maree van der Kwast Director, Dwyer Durack

Will drafting masterclass focuses on common drafting issues including: • minimising exposure to income tax, CGT and death benefits tax • life interests and rights to reside • international wills and wills for testators holding assets in different jurisdictions • appropriation clauses • gifts, both specific (dealing with issues such as ademption, abatement, forgiveness of debts) and of residue (including simultaneous deaths)

Level: Intermediate/Advanced 1 point, Competency 2, Professional Skills 2 points, Competency 4, Substantive Law

Criminal

Tuesday, 28 March 5.00pm – 6.30pm Voluntary criminal case conferencing

Member - $79 Non-member - $99 CPD Active - $0

One of the most important and exacting documents a practitioner can be called upon to draft is a will. Get an in-depth overview of drafting wills, including taxation aspects, from experienced wills and estate practitioners.

Chair: The Hon Justice Stephen Hall Supreme Court of Western Australia The Hon Hal Jackson, VCCC Facilitator, Supreme Court of Western Australia Registrar Danielle Davies, Supreme Court of Western Australia Registrar Janet Whitbread, Supreme Court of Western Australia Paul O’Brien, VCCC Facilitator, Supreme Court of Western Australia Lyndsay O’Brien, State Prosecutor, Office of Director of Public Prosecutions Simon Freitag, Barrister, Albert Wolff Chambers

Practice Management

Webinar

Wednesday, 29 March 1.00pm – 2.00pm Outperforming through creating an excellent client experience Carl White CXINLAW Consultancy Director

The Supreme Court of Western Australia offers a voluntary criminal case conferencing process (VCCC) to assist in resolving issues in criminal cases speedily and, in some cases, to avoid the need for a trial altogether.

The purpose of the VCCC conference is for parties to reach agreement, where possible, in respect of any aspects of the criminal trial process and on any matters relevant to case management prior to trial on a without prejudice basis.

Learn more about the VCCC and hear directly from the Supreme Court and experienced criminal practitioners in a panel discussion which examines the benefits of the process and provides tips on how best to prepare and engage in this important and worthwhile process.

Level: General 1.5 points, Competency 2, Professional Skills

Investing in the client experience is one of the most overlooked yet cost-effective ways to outperform in today’s competitive legal environment.

The cost of acquiring a new client is six to 10 times more than keeping an existing one. 80% of law firms view their service as ‘above average’, conversely 60% of legal clients describe their experience as ‘below average’. Why is it that 78% of Australian law firms fail the ‘first impression test’ and lose the opportunity to convert a new enquiry into profitable work and a loyal client who will provide referrals.

Gain critical insights to help your firm significantly increase client instructions, retained clients, referral rates and fees billed.

Level: General 1 point, Competency 2, Professional Skills

Member - $125 Non-member - $185 CPD Active - $0

Criminal

Wednesday, 29 March 5.00pm – 6.30pm Risk assessment of sex offenders Chair: The Hon Justice Lindy Jenkins Supreme Court of Western Australia Mara Barone Principal, Barone Criminal Lawyers Dr Gosia Wojnarowska FRANZCP, Consultant Forensic Psychiatrist, State Forensic Mental Health Service Member - $79 Non-member - $99 CPD Active - $0

Professional Skills

Webinar

Thursday, 30 March 1.00pm – 2.00pm Online legal research skills including accessing free resources Kirsty McPhee Practice Manager, Tottle Partners

The innate complexity of human behaviour means that risk of sexual re-offending cannot be predicted with certainty. However, the assessment of such risk is vital when providing opinions to the courts on sentencing and treatment options whilst treading the balancing act of rehabilitation for the offender and protection of the public.

Hear experienced legal and mental health professionals guide you through the risk assessment process. Examine both the ‘static’ and ‘dynamic’ factors identified with reoffending and the proper use of such psychological and psychiatric risk assessment tools in sentencing.

Level: Intermediate/Advanced 1 point, Competency 2, Professional Skills 0.5 point, Competency 4, Substantive Law

Practitioners, students and researchers rely on online sources for most of their legal research. It may be a surprise that extensive, reliable case law and legislation databases are easily accessible by everyone – free of charge.

Review how legal researchers can maximise their results, identify the most useful ‘tools’ available, learn how to keep up to date, and most importantly how to better manage the information that’s found including: • strategies to find the information you need • techniques for browsing and searching legislation and case law • tricks to getting the most out of the best free legal resources available • practical knowledge management tips for modern practitioners The seminar also provides training and guidance on how to comply with the recent Federal Court Practice Note update in relation to Lists of Authorities.

Level: General Member - $125 Non-member - $185 CPD Active - $0

1 point, Competency 2, Professional Skills

14

CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Litigation

Thursday, 30 March 5.00pm – 6.00pm The art of identifying case theories in commercial litigation Chair: The Hon Justice Kenneth Martin Supreme Court of Western Australia Patricia Cahill SC Barrister, Francis Burt Chambers

Member - $125 Non-member - $185 CPD Active - $0

Gail Archer SC Barrister, Francis Burt Chambers

Ethics Webinar

Friday, 31 March 1.00pm – 2.00pm Ethics on Friday: ethics begins at home Penelope Giles Barrister, Francis Burt Chambers

A critical skill of an effective advocate is to identify the way in which a case can best be presented, and to implement the necessary strategies to achieve this.

This involves identifying the case theory (or theories) that is the ‘easiest path’ to success. A case theory is an explanation of what you say happened and, within the legal framework that applies, why you should win.

Choosing the best case theory requires detailed analysis, judgment and, as always, extensive preparation. This seminar, chaired by his Hon Justice Kenneth Martin, provides invaluable practical tips in helping you to develop case theories and strategies within a commercial litigation context.

Level: Intermediate/Advanced 1 point, Competency 2, Professional Skills

Rule 17(5) of the Legal Profession Conduct Rules 2010 states that a practitioner must not engage in conduct which constitutes unlawful discrimination, unlawful harassment or workplace bullying. However, over recent years, lawyer misconduct in this area has been in the spotlight through the Law Council of Australia’s National Attrition and Reengagement Study which painted a picture of the legal profession as one where bullying, discrimination and harassment within law firms were at unacceptable levels.

These behaviours are at odds with a profession that is concerned with the ethical conduct of its members publicly.

This webinar focuses on office ‘discipline’ or ‘norms’ which could potentially cross the line into a breach of the Legal Profession Conduct Rules.

Level: General 1 point, Competency 3, Ethics and Professional Responsibility

Member - $125 Non-member - $185 CPD Active - $0

Practice Management

Thursday, 25 May 3.45pm – 6.00pm QPS Accreditation Workshop one Peter Liron Principal Consultant, Pace Enterprises

The Law Society of Western Australia’s Quality Practice Standard reflects excellence in legal practice management. It is a means by which firms and practices can enhance competitiveness, deepen client relationships, mitigate risk and ensure that accountability in service excellence is upheld.

This workshop is the first step in the pathway towards QPS accreditation and participation is compulsory for all legal practices pursuing this stamp of distinction.

Level: General 1 point, Competency 1, Practice Management 1 point, Competency 3, Ethics and Professional Responsibility

Participant 1 and 2 - $230 Participant 3 onwards - $160

Practice Management

Thursday, 1 June 3.45pm – 6.00pm QPS Accreditation Workshop two Peter Liron Principal Consultant, Pace Enterprises

The Law Society of Western Australia’s Quality Practice Standard reflects excellence in legal practice management. It is a means by which firms and practices can enhance competitiveness, deepen client relationships, mitigate risk and ensure that accountability in service excellence is upheld.

Completed the QPS Accreditation Workshop one? This elective workshop is for legal practices on the pathway towards QPS accreditation. It builds on the key learning gained in the first workshop, but offers you and your team further support and coaching.

Level: General 1 point, Competency 1, Practice Management 1 point, Competency 3, Ethics and Professional Responsibility

Participant 1 and 2 - $230 Participant 3 onwards - $160

Ethics

Friday, 16 June 1.00pm – 2.00pm Ethics on Friday: pointing the finger Philippa Rezos Manager Rapid Resolution Team Legal Profession Complaints Committee

When dealing with the Legal Profession Complaints Committee it is important to think carefully before alleging wrongdoing on the part of another practitioner. Given the potentially serious repercussions to professional reputation, allegations of misconduct against a fellow practitioner should not be made lightly or upon flimsy evidence. Allegations made without proper cause and unsubstantiated by evidence may turn the disciplinary tables the other way and result in further conduct issues being investigated by the LPCC. Hear about past and current matters dealt with by the LPCC where practitioners have shown to have made unjustified allegations of misconduct against other practitioners thereby subjecting themselves to professional discipline.

A light lunch is provided.

Level: General Member - $137 Non-member - $197 CPD Active - $0

1 point, Competency 3, Ethics and Professional Responsibility

Register Start learning onlineonline at lawsocietywa.asn.au/cpd at elearning.lawsocietywa.asn.au Family

Asset protection and the Family Court Chair: Trevor O’Sullivan Partner, O’Sullivan Davies John Butler Principal, Butlers

SEMINARS 15 In terms of the orders that it can make, many people consider the Family Court to be the most powerful court in Australia.

This seminar considers the question of whether assets can be protected, either before or after separation, from a Family Court division of property and will be relevant for both family and nonfamily lawyers alike.

This seminar considers: • the treatment of discretionary trusts in the Family Court • the treatment of trusts in general in such as testamentary trusts and unit trusts • how the Family Court deals with offshore assets • is it possible to “Family Court Proof” a trust or asset or financial arrangement? Can you at least mitigate the risk?

• Binding Financial Agreements: are they watertight?

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law

Member - $99 Non-member - $99 CPD Active - $20

Personal Property

Developments in PPSA Chair: David John Partner, Herbert Smith Freehills Linda Widdup Lecturer, Curtin Law School

Much has happened since the PPSA commenced operation four years ago. This innovative and complex legislation overhauled many long entrenched common law and equitable principles relating to personal property securities. Several court decisions have shed light on the scope and application of the legislation including what is encompassed by a ‘security interest’, the consequences of failure to register, and the consequences of mistakes on the register. Linda Widdup discusses the decisions of the Australian courts, as well as the recommendations arising from a statutory review of the legislation.

Level: General 1 point, Competency 4, Substantive Law

Member - $99 Non-member - $99 CPD Active - $20

Personal Injury

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) Chair: Jeff Potter Partner, Friedman Lurie Singh & D’Angelo Geoff Bourhill Barrister, Francis Burt Chambers Fab Zanuttigh General Manager CTP Insurance Insurance Commission of Western Australia

The laws governing compulsory motor vehicle insurance in Western Australia changed on 1 July 2016 with the introduction of the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA).

The expanded motor injury insurance cover provides treatment, care and support for people who are catastrophically injured in a vehicle crash in Western Australia, irrespective of whether another driver is found at fault in the crash.

Geoff Bourhill and Fab Zanuttigh provide a detailed overview of the changes including all of the entitlements and exclusions, and will assess the practical impact of the changes on motor vehicle insurance in Western Australia.

This seminar is highly recommended for all practitioners who practice in the area of motor vehicle accident claims and personal injury law.

Level: General 1.5 points, Competency 4, Substantive Law

Member - $149 Non-member - $149 CPD Active - $20

Corporate

Lawyers will often be asked to attend company meetings and also, at times, to act as directors of their client companies.

This seminar focuses on the law, practice and procedure of meetings for both shareholder and creditors meetings.

Issues relating to company meetings and lawyers acting as directors Chair: Roger Davies Partner, Ashurst Stephen Penrose Partner, Tottle Partners

Member - $149 Non-member - $149 CPD Active - $20

Marc Wilshaw Partner, DLA Piper

Contract Litigation

Contract law masterclass Chair: Matt Howard SC, Barrister, Francis Burt Chambers Dr Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance Fiona Vernon, Barrister, Francis Burt Chambers Kim Lendich, Barrister, Francis Burt Chambers Marcus Solomon SC, Barrister, Quayside Chambers

Experienced speakers provide practical tips on how to deal with problem areas such as the formalities of convening meetings, drafting and amendments to resolutions, the proper conduct of meetings, who can attend meetings and who can appoint a proxy.

This seminar also focuses on lawyers acting as directors of their client companies and the potential conflict and ethical issues arising from such appointments and how best to avoid to them.

Level: Intermediate/Advanced 0.5 point, Competency 3, Ethics and Professional Responsibility 1 point, Competency 4, Substantive Law

The law of contract is a fundamental area of law which crosses over into so many practice areas. This contract law masterclass focuses on: • current case law on the vexed issue of contract interpretation and when you can use extrinsic evidence to interpret the terms of a written contract including discussion of the High Court decision of Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 • when does a contract become binding? Recent controversies and the latest case law including analysis of when pre-contractual negotiations become binding contracts; whether “subject to contract” negotiations offer protection; the danger of email chain negotiations and when does a legal practitioner have authority to bind a client • equitable remedies for breach of contract, including specific performance, rectification and injunctions and the characteristics and aim of each of these remedies, how they differ from common law remedies and analysis of recent developments in each of these areas • the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 came into effect on 12 November 2016 and the implications for small business and the importance of reviewing standard form contracts to ensure that terms contained are not found to be void and unenforceable

Level: Intermediate/Advanced Member - $299 Non-member - $299 CPD Active - $20

3 points, Competency 4, Substantive Law

16 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Ethics Litigation

Ethical dilemmas in advocacy is essential for all litigation and dispute resolution practitioners.

Craig Slater discusses the various conduct rules relating to advocacy and, in particular, duties in relation to:

Ethics on Friday: ethical dilemmas in advocacy Craig Slater Barrister, Francis Burt Chambers

• duty of accuracy and gathering sufficient evidence to found a serious allegation • independence • witnesses statements and integrity of evidence • correcting the record • obligations to colleagues • negotiations and mediations • undertakings • dealings with insured witnesses

Level: General 1 point, Competency 3, Ethics and Professional Responsibility

Member - $99 Non-member - $99 CPD Active - $20

Commercial

Simon Salter Partner, K&L Gates

Shareholder and joint venture agreements are essential commercial documents that help reduce the likelihood of future disputes and provide the framework for resolving issues that do arise. This seminar examines key characteristics of these two forms of agreements and will provide practical tips on how to properly document the agreement process including valuations. The seminar also looks at how the dispute process (e.g. mediation leading to court action or arbitration) works and provides practical tips on how to handle disputes that can arise.

Adam Myers Partner, Corporate Finance, BDO

Level: Intermediate/Advanced

Shareholder and joint venture agreements and disputes

1 point, Competency 2, Professional Skills 0,5 point, Competency 4, Substantive Law Member - $149 Non-member - $149 CPD Active - $20

Estate Planning Succession

Urgent wills and assessing a client’s mental capacity Chair: Elizabeth Heenan Special Counsel, Culshaw Miller Lawyers Greg Mohen Partner, Kott Gunning Rebecca Rorrison Senior Legal Officer (Rapid Resolution Team), Legal Profession Complaints Committee Member - $99 Non-member - $99 CPD Active - $20

This seminar provides practical tips on what to do when receiving urgent instructions to draft a will or EPA to ensure that they effectively carry out the client’s wishes and to avoid any potential claims.

The seminar focuses on: • Assessing mental capacity • The difference between “capacity” and “knowledge and approval” (Veall v Veall [2015] VSCA 60) • Dealing with non-English speaking clients • Assessing if the client is acting as a result of undue influence • Knowing when not to take instructions (if possible).

• The benefits and risks of using checklists and templates • Why detailed instructions and attendance notes are important • Would preparing a codicil (as opposed to a new will) limit the risk if capacity or knowledge and approval are in doubt • Are applications for a statutory will an option worth considering?

Level: General

1 point, Competency 2, Professional Skills

Essentials of advocacy Friday, 9 June 2017 Designed for practitioners new to advocacy, Essentials of advocacy provides essential information to advance legal knowledge and advocacy skills.

Hear from a distinguished cast of pre-eminent members of the legal profession on case presentation and theory, opening and closing statements, examination and cross examination of witnesses and what makes a good advocate.

SAVE THE DATES | Stay tuned for further details Practical advocacy weekend Saturday, 4 August - Sunday, 5 August 2017 This intensive course offers practical exercises in small groups with guidance and constructive feedback from volunteer teachers who are experienced advocates, including barristers and members of the judiciary.

Attendees perform as advocates in a simulated courtroom environment, supported by a student/teacher ratio of six to two.

Experienced teachers observe the performances and use proven techniques to deliver effective feedback.

lawsocietywa.asn.au

Register online at lawsocietywa.asn.au

17

Events connecting you in the profession

Be inspired and informed

Connect and socialise

Participate in our educational events which aim to provide the profession with high quality and engaging content from wellrespected speakers. Key highlights include:

The Law Society hosts a range of events for members and nonmembers throughout the year including social, sporting and special interest events. Key highlights include:

• Law Summer School, Friday, 17 February 2017, The University Club, Crawley • Sole Practitioner and Small Firm Forums, three forums planned for 2017. Free for members.

• •

• •

Society Club cocktail events, two functions planned for 2017.

Free for members.

Beach Volleyball Tournament hosted by the Law Society’s Young Lawyers Committee, Friday 24 February 2017, SandSports Australia, Nedlands Pilates Classes, running in April 2017, Free for members.

Inter Profession Networking events hosted by the Law Society’s Young Lawyers Committee. Two events planned for 2017, keep an eye on our website or the YLC Facebook page.

Experience Law Week

Celebrate our 90th year anniversary

Law Week showcases events which provide the opportunity for the community and the legal profession to engage in open dialogue and build a shared understanding of the role of law in society. It as an excellent opportunity for the profession to promote its role in enabling an open, independent and unbiased judicial system. The Law Society is proud to deliver these key events for the profession:

2017 is a momentous year for the Law Society, marking the 90th anniversary since its formation in 1927. Throughout the year we will be reflecting on the Society’s achievements and promoting the Society’s role in the history of the Western Australian legal profession. We are delighted to invite all members to attend our key event in the celebrations:

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Law Week Breakfast and the 2017 Attorney General’s Community Service Law Awards, Monday, 15 May 2017, Parmelia Hilton Perth

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Walk for Justice, Tuesday, 16 May 2017

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Law Week Panel Presentation hosted by the Law Society’s Young Lawyers Committee, Wednesday, 17 May 2017, Supreme Court of Western Australia

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Law Week Cocktail Party and 2017 Lawyer of the Year Awards, Thursday, 18 May 2017, Bankwest Place, Perth

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90th Anniversary Cocktail Party Thursday, 15 June 2017, Perth Town Hall

CONNECTING YOU IN THE PROFESSION

Be supported

Reflect excellence

Connect and stay in the know

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ccess three free counselling A sessions per year through LawCare WA

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Create a network beyond your firm

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Receive ethical and practice guidance through the Senior Advisors Panel and Practitioner Advice Referral Scheme

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Attend social and sporting events

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ngage through the Law Society’s E social media channels

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Utilise the Law Society’s wellness programme by participating in events such as yoga, pilates and wellbeing seminars

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eep up to date with changes K in the profession and legislation through access to Law Society publications

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Access high quality CPD seminars with over 200 leading speakers and access to online eLearning seminars Gain accreditation and formal recognition in the field of Family Law through the Accredited Family Law Specialist programme romote commitment to legal P practice management through Quality Practice Standard accreditation

Contribute to your profession and community

Join the Law Society

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Join one of 30+ active committees and help influence the agenda

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Participate in one of the Law Society’s mentoring programmes

If you are interested in joining the Law Society or have any queries on your existing membership, please contact (08) 9324 8692 or membership@lawsocietywa.asn.au

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Contribute to Law Access and provide pro bo no legal assistance to individuals in need

lawsocietywa.asn.au

Visit our website for further information on member initiatives at lawsocietywa.asn.au