September-December 2016 CPD Programme

SEPTEMBER-DECEMBER 2016

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

lawsocietywa.asn.au

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

FROM THE LAW SOCIETY’S EDUCATION COMMITTEE The Law Society’s CPD programme is the result of close engagement between the Law Society and the profession: it has been designed by practitioners for practitioners following extensive consultation over the last five months. It delivers content that is relevant and responsive to developments in the law and practice in Western Australia.

We tailor our seminars to accommodate varying levels of experience, introductory, intermediate and advanced. The Law Society acknowledges and is grateful for the support provided by the judiciary and senior members of the profession who chair and speak at our seminars. Such high level support helps to ensure the programme offers content that is of the highest quality.

Responsibility for the CPD programme rests with the Law Society’s Education Committee assisted by Law Society staff and in collaboration with all of the committees of the Law Society. The success of the programme depends on it being relevant to your practice and you are encouraged

to provide feedback to members of the Education Committee or directly to the Law Society, so we can make sure we meet your needs for your ongoing professional development.

We would also like to thank our colleagues on the Education Committee: Ronald Bower (Corser & Corser), Shonelle Duthie (MDS Legal), Angelina Gomez (Clifford Chance), Fiona Grgich (McLeods Barristers & Solicitors), Darren Jackson (Francis Burt Chambers), Rachel Joseph (Francis Burt Chambers), Adam Levine (K&L Gates), Su Lloyd (Office of the Information Commissioner of WA), Fiona Low (Edith Cowan University), Alex Noonan (Macdonald Rudder) and Dr. Pat Saraceni (Clifford Chance) as well as the Law Society staff and other Law Society committee members for their collaboration and input. Finally, thank you for your support of the CPD programme in presenting, attending and providing feedback.

Elizabeth Needham President, Convenor, Education Committee The Law Society of Western Australia

FROM THE LAW SOCIETY The world is changing and with it the way your clients access legal knowledge and their expectation of lawyers.

In this disruptive environment, it has never been more important to keep abreast of legal developments and practice management and professional skills. Knowledge provides a competitive advantage.

The Law Society’s CPD Programme continues to offer relevant knowledge across a diverse schedule to suit all practitioners. The diversity in our programme offering is second to none.

Our most outstanding value proposition, CPD Active*, has remained at the same price ($800*) this year and the value is only limited by how you choose to use it. The Law Society’s CPD Active does not limit you to 10 points; you can attend as many eligible seminars as you like throughout the year. Visit our website to see our terms and conditions and how you can access face-to-face seminars at no extra cost, discounted member events, online seminars for $20 each and 10 free seminar papers with your CPD

Active membership. A new addition this year provides all CPD Active members with a further 10% discount to membership events.

Our eLearning offering has grown significantly with seminars continuously being added across all competency areas.

Visit elearning.lawsocietywa.asn.au to see how accessible and effective eLearning is as a solution for fulfilling your professional development.

Our thanks go to our legal partners, who are the heroes of this programme; the Law Society’s Education Committee, all Society committees and speakers from the legal profession who play a very proactive role in developing content and legal discourse to the programming process; and to you, for supporting the Law Society. Your support of the Society via attendance at CPD seminars enables it to fulfil its broader purpose as the voice of the legal profession in Western Australia through policy work, access to justice and pro bono initiatives and providing ongoing membership value and benefits.

* Inc GST. Terms, conditions and exclusions apply.

Áine Whelan General Manager, Programmes

Carmen Maughan Manager, Professional Development

Denis Barich Professional Development Lawyer

The Law Society of Western Australia P: (08) 9324 8600 | F: (08) 9324 8699 | E: cpd@lawsocietywa.asn.au | W: lawsocietywa.asn.au/cpd

Register online at lawsocietywa.asn.au/cpd

SEMINARS 1

CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME SEPTEMBER–DECEMBER 2016 Contents

CPD partner

Anti-bribery Anti-bribery and Corruption

Intellectual Property 9

Banking and Finance Sale of business workshop

7

Shareholder and Joint Venture Agreements and Disputes

6

Sale of business workshop

7

Practical tips for transactional lawyers

8

Ethics on Friday: a practical approach for commercial lawyers

13

Associations Incorporation Act 2015 (WA)

14 14

Contract 11

Corporate Issues relating to company meetings and lawyers acting as directors 8 Anti-Bribery and Corruption: the brave new world

8

Ethics on Friday: ethical dilemmas in advocacy

10

Privilege: the scope and limits of without prejudice communications and legal professional privilege 10 Strategies for managing difficult or vexatious litigants

10

Drafting good pleadings workshop

11

Contract Law Masterclass

11

Security for costs: a practical approach

13

Personal Injury

Consumer

Contract Law Masterclass

Accessing the law: a State and National perspective Litigation

14

Commercial

Recent developments in Australian Consumer Law

7

Legislation

Building Building disputes: trouble in the suburbs

Sale of business workshop

9

Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) Assessing damages in personal injury matters

6 12

Personal Property Developments in PPSA

6

Planning Environmental approvals

11

Compulsory taking of land

11

Practice and Procedure

Costs Focus on costs

13

Security for costs: a practical approach

13

Criminal Change of plea when an accused pleads guilty in a superior court 9

A view from the Bench

14

Practice Management Engaging with in-house counsel

6

Marketing in a downturn

8

The impact of poor work culture

9

Grants of bail

13

Gender Equality: a business issue

12

Pleas in mitigation and restraining orders essentials

15

Lead on Purpose

13

Employment Sale of business workshop

7

Employment law in the new age: the future of work

7

Environmental approvals

11

Compulsory taking of land

11

Estate Planning Non-contentious Probate Rules: citations and caveats

9

Urgent Wills and assessing a client’s mental capacity

9

Ethics 7

Ethics on Friday: ethical dilemmas in advocacy

10

Ethics on Friday: a practical approach for commercial lawyers

13

In-house lawyers as shadow directors

15

Surrogacy: Lessons from the Baby Gammy Case

8 12

Professional Skills 7

African cultural awareness

10

Strategies for managing difficult or vexatious litigants

10

Drafting good pleadings workshop

11

Property Community Title Schemes

10

Compulsory taking of land

11

Contaminated sites and property transactions

14

Succession Non-contentious Probate Rules: citations and caveats

9

Urgent Wills and assessing a client’s mental capacity

9

Sale of business workshop Practical tax update for non-tax lawyers

7 11

Worker’s Compensation

In-house Engaging with in-house counsel

15

Tax

Family Asset protection in the Family Court

13

From ‘handbrake to happiness’ to ‘trusted advisor’ Empowering communication: Assertive communication

Environmental

Ethics on Friday: Social media – handcuff v adaptability

Focus on costs

6

From ‘handbrake to happiness’ to ‘trusted advisor’

15

In-house lawyers as shadow directors

15

Review of recent WorkCover and workers’ compensation decisions 12 Legal Support The Essential Legal Assistant Skilled minute taking Keep calm and stay resilient

2 6 12

2 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

Keeping up to date with the latest legal and professional developments

The Essential Legal Assistant Course Delivered live online 11 week course commencing Monday, 12 September 2016, 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

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4

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

SEPTEMBER-DECEMBER 2016

CONTINUING PROFESSIONAL DEVELOPMENT SPRING CALENDAR SEPTEMBER 2016 Thursday, 1 September 2016 Book 9.30am – 10.30am Developments in PPSA Thursday, 8 September 2016 Book 12.00pm – 2.00pm Skilled minute taking

Thursday, 15 September 2016 Book 9.00am – 10.30am Shareholder and Joint Venture Agreements and Disputes

Wednesday, 21 September 2016 Book 9.00am – 12.30pm Employment law in the new age: the future of work

Friday, 16 September 2016 Book 10.30am – 12.30pm Empowering communication: Assertive communication

Wednesday, 21 September 2016 Book 5.00pm – 6.00pm Asset protection in the Family Court

Wednesday, 12 October 2016 Book 5.00pm – 6.00pm Anti-bribery and Corruption: the brave new world

Tuesday, 18 October 2016 Book 5.00pm – 6.00pm Privilege: the scope and limits of without prejudice communications and legal professional privilege

Tuesday, 13 September 2016 Book 4.30pm – 6.00pm Motor Vehicle (Catastrophic Injuries) Friday, 16 September 2016 Book Act 2016 (WA) 1.00pm – 2.00pm Ethics on Friday: Social media – Wednesday, 14 September 2016 handcuff v adaptability Book 4.30pm – 6.00pm Tuesday, 20 September 2016 Engaging with in-house counsel: tips for private practitioners to build 9.00am – 4.00pm Book a trusted legal advisor relationship Sale of business workshop

Thursday, 22 September 2016 Book 9.00am – 10.30am Issues relating to company meetings and lawyers acting as directors

OCTOBER 2016 Tuesday, 4 October 2016 Book 9.00am – 10.00am Marketing in a downturn Thursday, 6 October 2016 Book 4.30pm – 6.30pm Practical tips for transactional lawyers Monday, 10 October 2016 Book 9.00am – 10.00am Accessing the law: a State and National perspective Tuesday, 11 October 2016 Book 9.00am – 10.00am Non-contentious Probate Rules: citations and caveats Tuesday, 11 October 2016 10.15am – 11.15am Book Urgent Wills and assessing a client’s mental capacity

Thursday, 13 October 2016 Book 5.00pm – 6.00pm Change of plea when an accused pleads guilty in a superior court Friday, 14 October 2016 Book 9.30am – 11.30am The impact of poor work culture: the people and productivity benefits of wellness Friday, 14 October 2016 Book 1.00pm – 2.00pm Ethics on Friday: ethical dilemmas in advocacy Tuesday, 18 October 2016 Book 9.00am – 10.00am Community Title Schemes: development and management issues for lawyers

Wednesday, 19 October 2016 Book 9.00am – 10.30am African cultural awareness Wednesday, 19 October 2016 Book 4.30pm – 6.00pm Strategies for managing difficult or vexatious litigants Thursday, 20 October 2016 Book 5.00pm – 6.00pm Environmental approvals: implications of the Beeliar Wetlands decision Wednesday, 26 October 2016 Book 9.00am – 11.45am Practical tax update for non-tax lawyers

Register online at lawsocietywa.asn.au/cpd

SEMINARS 5

NOVEMBER 2016 Tuesday, 1 November 2016 Book 4.30pm – 6.00pm Drafting good pleadings workshop

Tuesday, 15 November 2016 Book 9.00am – 10.30am Gender Equality: a business issue

Wednesday, 2 November 2016 Book 9.00am – 11.00am Compulsory taking of land: current issues of law and principle

Tuesday, 15 November 2016 Book 5.00pm – 6.00pm Assessing damages in personal injury matters

Tuesday, 8 November 2016 Book 9.00am – 12.15pm Contract Law Masterclass

Wednesday, 16 November 2016 Book 12.00pm – 2.00pm Keep calm and stay resilient

Wednesday, 9 November 2016 Book 5.00pm – 6.00pm Review of recent WorkCover and workers’ compensation decisions

Wednesday, 16 November 2016 Book 5.00pm – 6.00pm Grants of bail: the imposition of protective conditions and nonprotective conditions for children

Thursday, 10 November 2016 Book 5.00pm – 6.00pm Surrogacy: Lessons from the Baby Gammy Case

Friday, 18 November 2016 Book 1.00pm – 2.00pm Ethics on Friday: a practical approach for commercial lawyers Tuesday, 22 November 2016 Book 3.00pm – 5.45pm Focus on costs Wednesday, 23 November 2016 Book 4.30pm – 6.00pm Security for costs: a practical approach

Friday, 18 November 2016 Book 9.00am – 11.00am Lead on Purpose

DECEMBER 2016 Thursday, 1 December 2016 Book 5.30pm – 7.00pm A view from the Bench

ANYTIME LEARNING WITH Book Available now Contaminated sites and property transactions

Available now Recent developments in Australian Consumer Law

Book Available now Associations Incorporation Act 2015 (WA)

Available now From ‘handbrake to happiness’ to ‘trusted advisor’

Available now Building disputes: trouble in the suburbs

Available now Pleas in mitigation and restraining orders essentials

Available now In-house lawyers as shadow directors: managing and protecting your legal role

6

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016 Personal Property

Thursday, 1 September 9.30am – 10.30am Developments in PPSA Chair – David John Partner, Herbert Smith Freehills Linda Widdup Lecturer, Curtin Law School

Much has happened since the Personal Property Securities Act 2009 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 - $125 Non-member - $185 CPD Active - $0

Legal Support

Thursday, 8 September 12.00pm – 2.00pm Skilled minute taking Jane Lynch Learning and Development Trainer, Squire Patton Boggs (AU) Carmen Maughan Manager, Professional Development, The Law Society of Western Australia

Personal Injury

Tuesday, 13 September 4.30pm – 6.00pm 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

In-house Practice Management

Wednesday, 14 September 4.30pm – 6.00pm Engaging with in-house counsel: tips for private practitioners to build a trusted legal advisor relationship Chair – Pamela Haas, Principal Counsel Legal and Commercial Strategy, Dept of State Development Elisabeth Edwards, Regional Legal Counsel (WA), Brookfield Multiplex Paul Evans, State Solicitor, State Solicitors Office Miriam Sauley, Principal Lawyer and Manager, Legal and Legislative Services, Dept of Housing

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

This workshop will explore: • • • •

Your role as the minute taker Agenda and minute templates Layout and language of minutes Practical exercises to create draft minutes

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 will provide no fault cover for people who are catastrophically injured in a vehicle crash.

This seminar provides a detailed overview of the changes including all of the entitlements and exclusions, and assesses 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 in general.

Level: General 1.5 points, Competency 4, Substantive Law

With the growth of in-house legal teams and the business drivers of cost control and efficient operations, in-house counsel are becoming more sophisticated pursuers of legal services. In these circumstances, it is vital for private legal practitioners to be cognisant of the unique needs of the in-house legal function when delivering legal services to in-house teams.

The panel of speakers explore the pressures facing inhouse teams and the role of in-house counsels in briefing external legal practitioners. The seminar concludes with practical tips to private legal practitioners to assist them to build and strengthen a trusted advisor relationship with in-house counsels.

Level: General 1.5 points, Competency 1, Practice Management

Tanya Heaslip, Group General Counsel, Wright Prospecting Pty Ltd

Commercial

Thursday, 15 September 9.00am – 10.30am Shareholder and Joint Venture Agreements and Disputes Simon Salter Partner, K&L Gates Adam Myers Partner, Corporate Finance, BDO

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

If you have never taken minutes during a meeting or would like to further develop this skill then this session will provide a framework for recording high quality minutes utilising the Australian Standard guide.

Level: General

Member - $125 Non-member - $175 CPD Active - $0

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

The skill of taking minutes is much more than simply providing a transcription of what was said during a meeting. A skilled minute taker will know that their role starts before a meeting and continues beyond the conclusion of a meeting. Understanding the purpose of minutes and how they will be used is crucial to producing accurate and useful minutes.

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 provides 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.

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

Register online at lawsocietywa.asn.au/cpd

SEMINARS 7 Professional Skills

The first of two seminars focusing on empowering communication. Learn to increase confidence to communicate assertively and make effective requests.

Friday, 16 September 10.30am – 12.30pm Empowering communication: Assertive communication

Learn tools and techniques for effective assertive communication including how to effectively frame conversations, powerful language and the effect of body language on ourselves and others. Learn about the role of curious listening in assertive communication and look at the elements and impact of powerful questions.

Ellie Scarf Lead Coach and Facilitator, Madston Black

Level: General 2 points, Competency 2, Professional Skills

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

Ethics

Friday, 16 September 1.00pm – 2.00pm Ethics on Friday: Social media – handcuff v adaptability Philippa Rezos Senior Legal Officer, Manager (Rapid Resolution Team), Legal Profession Complaints Committee

However, ethical responsibility and the Professional Conduct Rules apply equally to social media and practitioners must be aware that they could potentially become the subject of a complaint or conduct investigation for a variety of reasons and even for inadvertent mistakes.

Explore the pros and cons of social media including its responsible use, together with practical tips to avoid complaints relating to its use and real life case studies seen by the Legal Profession Complaints Committee with a perspective from the Young Lawyers Committee.

A light lunch will be provided.

Alex Noonan Lawyer, Macdonald Rudder

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

Member - $137 Non-member - $197 CPD Active - $0

Commercial

Social media has changed the way we communicate and connect on a personal level and it is becoming prevalent in communications between lawyers, their clients and the courts.

Intellectual Property

Tax

Employment Banking and Finance

Tuesday, 20 September 9.00am – 4.00pm

Gain a comprehensive overview of all aspects of buying and selling a business – 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 specialist areas:

Sale of business workshop

• Preliminary contracts and documents

Chair – Fiona Halsey Director, Halsey Legal

• Banking and finance

Stephen Kemp Partner, Jackson MacDonald

• Intellectual property

Michael Paterson Principal, Michael Paterson & Associates

• Restraints of trade

• Due diligence • Taxation and stamp duty

Richard Hooker Barrister, John Toohey Chambers GiGi Visscher Barrister, Francis Burt Chambers Damian Quail Director & Principal, Williams & Hughes

• Employment issues • Avoiding litigation after settlement Earn 6 points across two competency areas.

Morning tea and a light lunch will be provided.

Full details of the day’s programme are provided on the Law Society’s website.

Level: General

Tom Meagher Director, Murfett Legal

1 point, Competency 2, Professional Skills

Alex Sceales Partner, Sceales Lawyers

5 points, Competency 4, Substantive Law

Member - $653 Non-member - $718 CPD Active - $50

The nature of work is changing and employment law must keep up. This seminar tackles how employment law is keeping up with the changes focussing on:

Employment

Wednesday, 21 September 9.00am – 12.30pm Employment law in the new age: the future of work

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

Chair – Daniel White Senior Associate, Norton Rose Fulbright

Felicity Clarke Of Counsel, Squire Patton Boggs

Renae Harding Special Counsel, Jackson McDonald

Mark Cox Director, MDC Legal

• The future of work and the impact of technology and new working arrangements including the rise of the insecure or contingent workforce and use of contractors • Disciplinary and performance issues in the context of social media and conduct beyond the workplace • Occupational safety and health considerations for employers for non-traditional working relationships in particular the challenges and considerations involving the “joint workplace” – where contractors, labour hire workers and employees work together and also employees working remotely or from home.

Level: Intermediate/Advanced 3 points, Competency 4, Substantive Law

8

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016 Family

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

Wednesday, 21 September 5.00pm – 6.00pm Asset protection in the Family Court Chair – Trevor O’Sullivan Partner, O’Sullivan Davies

This seminar considers the question of whether assets can be protected from a Family Court division of property and is relevant for both family and non-family lawyers alike.

• 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?

John Butler Principal, Butlers

• Binding Financial Agreements: are they watertight?

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law Member - $79 Non-member - $99 CPD Active - $0

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

Corporate

Thursday, 22 September 9.00am – 10.30am Issues relating to company meetings and lawyers acting as directors Chair – Roger Davies Partner, Ashurst Stephen Penrose Managing Partner, Tottle Partners

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

Marc Wilshaw Partner, DLA Piper

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

Learn 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

Practice Management

Tuesday, 4 October 9.00am – 10.00am Marketing in a downturn Tania Stakic Director, Redbox Consulting

Discover a practical approach to marketing your firm during a downturn. Learn strategies to assess your firm’s current marketing offering, the risk factors to look for and simple steps to immediately focus your marketing efforts and generate business. Learn the power of the brand and keeping visible, how to protect the biggest asset of your firm – your clients – how to re-evaluate your programmes to provide value and build brand visibility, while keeping one step ahead of your competitors.

Recommended for anyone in a decision-making role in their organisation.

Level: General 1 point, Competency 1, Practice Management

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

Commercial

Thursday, 6 October 4.30pm – 6.30pm Practical tips for transactional lawyers

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

Chair – Bryn Davis Special Counsel, Minter Ellison Robyn Glindemann Counsel, Clifford Chance Nada Raphael Special Counsel, Minter Ellison

Murray Colvin Special Counsel, IRDI Legal Jade Concei Lawyer, Bellanhouse Legal Graham Nagle Special Counsel, Holman Fenwick Willan

Legislation

Monday, 10 October 9.00am – 10.00am Accessing the law: a State and National perspective Peter Quiggin PSM First Parliamentary Counsel, Office of Parliamentary Counsel

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

Geoff Lawn Parliamentary Counsel, Parliamentary Counsel’s Office WA

In practising commercial law you work with and see many different types of transactions and documents - some for the first time.

Experienced speakers provide practical insights into working on various transactions, identifying unknown unknowns and the essential role of due diligence in any transaction.

Learn practical drafting tips on where to start when you don’t have a precedent and discuss ethical principles in relation to all transactions.

Listen to a panel discussion from experienced commercial lawyers who share their insights and stories of commercial practice.

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

Geoff Lawn (Parliamentary Counsel for Western Australia) and Peter Quiggin PSM (First Parliamentary Counsel for Australia) speak on recent developments in their drafting offices and in the access to legislation.

The seminar covers recent developments in Western Australia, including the adoption of gender-free drafting and incorporation of material by reference (with particular reference to the recent Delegated Legislation Committee report). At a national level, the seminar covers the launch of the Federal Register of Legislation and related developments.

Level: General 1 point, Competency 4, Substantive Law

Register online at lawsocietywa.asn.au/cpd

SEMINARS 9 Estate Planning Succession

Tuesday, 11 October 9.00am – 10.00am Non-contentious Probate Rules: citations and caveats Chair – Dr John Hockley Barrister, Francis Burt Chambers Maree van der Kwast Director, Dwyer Durack

Both citations and caveats under the Non-contentious Probate Rules are very useful tools in succession law, being fundamental both to the Court’s ability to control the Probate Court and an individual’s ability to progress or prevent a Grant of Probate. However, both are also in many cases underutilised and not properly applied when used.

Maree van der Kwast sheds light on this little known but important area of practice and deals with the purposes, mechanisms for application, and consequences (both costs and otherwise) of both citations and caveats.

Highly recommended for all wills and estate practitioners.

Level: Advanced 1 point, Competency 4, Substantive Law

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

Estate Planning Succession

Tuesday, 11 October 10.15am – 11.15am Urgent Wills and assessing a client’s mental capacity Chair – Elizabeth Heenan Special Counsel, Culshaw Miller Lawyers Greg Mohen Partner, Kott Gunning

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

Rebecca Rorrison Senior Legal Officer (Rapid Resolution Team), Legal Profession Complaints Committee

Anti-bribery Corporate

Wednesday, 12 October 5.00pm – 6.00pm Anti-bribery and Corruption: the brave new world Chair – Craig Slater Barrister, Francis Burt Chambers Mark Darian-Smith Partner, King & Wood Mallesons

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

Varun Ghosh Senior Associate, King & Wood Mallesons

Criminal

Thursday, 13 October 5.00pm – 6.00pm Change of plea when an accused pleads guilty in a superior court Chair – The Hon Justice Lindy Jenkins Supreme Court of Western Australia Mara Barone Principal, Barone Criminal Lawyers

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

Anti-bribery and corruption compliance has become a big issue for Australian companies doing business around the world. Likely changes to the regulatory and enforcement landscape in this area make this a topical area of real and practical interest to practitioners and their clients.

Examine recent Australian events and global trends (Australian Senate Enquiry, Unaoil and Panama Papers), the Australian legal framework and what you need to know about the FCPA (US) and Bribery Act (UK), corporate culture and governance, facilitation payments and best practice systems and experience. Also consider aspects of the Anti-Money Laundering and CounterTerrorism Financing Act 2006 (Cth). Case studies are used to show both best and worst practice in action.

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

This specialist criminal law seminar, chaired by the Hon Justice Lindy Jenkins, focuses on what a ‘plea’ means under the Criminal Procedure Act 2004 and the circumstances where a change of plea can take place when an accused pleads guilty in a superior court.

A focus on situations where an accused pleads to a lesser or statutory charge in circumstances in which the State does not accept that plea in full satisfaction of the principal charge and proceeds to trial.

The seminar provides practical tips, guidance and advice and is highly recommended for all criminal law practitioners.

Level: Advanced 1 point, Competency 4, Substantive Law

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

Practice Managment

Friday, 14 October 9.30am – 11.30am The impact of poor work culture: the people and productivity benefits of wellness Luke Dimasi Director, Warrior Wellness

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

Workplace wellness has become indispensable in the modern business, though not always for the better.

Wellness is straightforward, the difference is culture.

Through the appropriate measured, incremental conditioning will your people develop true capability. The foundations of this approach to workplace wellness is a culture which can appreciate this difference and respect the need for a degree of discomfort on the journey to enhancing one’s resilience to life’s challenges.

Level: General 2 points, Competency 1, Practice Management

10

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016 Ethics Litigation

Friday, 14 October 1.00pm – 2.00pm Ethics on Friday: ethical dilemmas in advocacy Craig Slater Barrister, Francis Burt Chambers

Examine the ethical duties in advocacy – an essential seminar for litigation and dispute resolution practitioners.

Craig Slater covers the various conduct rules relating to advocacy and, in particular, duties in relation to: • 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 A light lunch is provided.

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

Property

Tuesday, 18 October 9.00am – 10.00am Community Title Schemes: development and management issues for lawyers Chair – Alison Fleming Lead Lawyer, Strata Titles Act Reform, Landgate Sean MacFarlane Senior Lawyer, Strata Titles Act Reform, Landgate

• Developing community title schemes • Case study: legal issues in developing community title schemes • Management and dispute resolution for community title schemes • Case study: legal issues arising from the management of community title schemes, including dispute resolution.

Presented by Landgate’s Strata Titles Act Reform Project team and highly recommended for all lawyers who practice in strata title law, property law and planning law in general.

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

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

Litigation

Tuesday, 18 October 5.00pm – 6.00pm Privilege: the scope and limits of without prejudice communications and legal professional privilege Chair – Abigail Davies Barrister, Francis Burt Chambers Elmi Carlean Barrister, Francis Burt Chambers

What constitutes “without prejudice” privilege and whether that privilege can be found to apply to whole or only part of the communication is the subject of much confusion amongst practitioners, with the principle often being misused in practice.

Explore when and how to properly use the “without prejudice” privilege in communications so as to avoid potential negative cost consequences for clients.

Similarly, the issue of when legal professional privilege may be lost is often the subject of contention.

This seminar reviews the scope and limits of legal professional privilege, and gives insight into the latest legal developments around the “whole of government” approach in applying for public interest immunity.

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

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

Professional Skills

Wednesday, 19 October 9.00am – 10.30am African cultural awareness Chair – Karen Farley SC Appeals Consultant, Legal Aid (WA) Fadzi Whande Global Diversity & Inclusion Strategist, The Whande Group Celestin Ngoga President of Rwandan Diaspora Australia Member - $79 Non-member - $99 CPD Active - $0

Litigation Professional Skills

Wednesday, 19 October 4.30pm – 6.00pm Strategies for managing difficult or vexatious litigants Chair – Penny Keeley, Partner, Clairs Keeley The Hon Chief Justice Wayne Martin AC Supreme Court of Western Australia John Vaughan SC, Barrister, Francis Burt Chambers Ashley Macknay, Director, MDS Legal Member - $180 Non-member - $250 CPD Active - $0

This seminar focuses on the issues lawyers may face when providing advice in relation to community title schemes under the proposed new Strata Titles Act including:

There has been a large influx of African migrants and refugees in Australia, representing 52 African countries and around 2,000 different languages. There are numerous cultural issues that practitioners need to be aware of in a number of practice areas.

• Strategies for engaging and working with diverse communities e.g. cross cultural communication, cultural norms and myths • Issues and challenges faced by African communities assimilating into Australian society • Addressing unconscious bias and the impact this has on African communities.

• Identifying barriers to working in partnership with African communities • Learning about other cultures, diversity, practices and protocols • Clarifying the terms refugees, migrants, assimilation, inclusion • Working with African interpreters

Level: General

1.5 points, Competency 2, Professional Skills

Difficult, vexatious or querulous litigants come in all shapes and sizes and are motivated in different ways.

Given the number of such litigants, this seminar provides timely advice on how to manage difficult litigants including analysis of: • the legal obligations a lawyer has when a litigant is unrepresented • the ‘types’ of difficult litigants and their motivations • what to expect from them • what strategies and tactics to employ • when and how to seek help • what to do if the difficult litigant is your client • Vexatious Proceedings Restriction Act 2002 (WA) Listen to a panel discussion with the Hon Chief Justice Wayne Martin AC and experienced practitioners.

Level: General

1.5 points, Competency 2, Professional Skills

Register online at lawsocietywa.asn.au/cpd

SEMINARS 11 Environmental

Planning

Thursday, 20 October 5.00pm - 6.00pm Environmental approvals: implications of the Beeliar Wetlands decision Chair – Professor Alex Gardner The Faculty of Law, The University of Western Australia Graham Castledine Partner, Castledine Gregory

In the Supreme Court decision of Save Beeliar Wetlands (Inc) v Jacob [2015] WASC 482, environmental approval for the Roe Highway extension (Roe 8 Project) was successfully challenged on the basis that the Environmental Protection Agency (EPA) did not take into account its own environmental offsets policies.

The decision has prompted the Minister for Environment to lodge an appeal against the decision and commission an independent review of the EPA’s policies and processes.

This seminar analyses the Chief Justice’s extensive judgment and key findings which have implications for the State Government on both existing and future projects in Western Australia.

The seminar also discusses what reforms are required to the EPA’s internal processes, policies, procedures and legislation.

Level: General

1 point, Competency 4, Substantive Law

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

Tax

Wednesday, 26 October 9.00am – 11.45am Practical tax update for non-tax lawyers Chair – Dr John Hockley, Barrister, Francis Burt Chambers Elizabeth Heenan, Special Counsel, Culshaw Miller Lawyers Jonathon Leek, Barrister, Francis Burt Chambers Humphry Faas, Director, Anchor Legal Member - $292 Non-member - $362 CPD Active - $0

Tuesday, 1 November 4.30pm – 6.00pm Drafting good pleadings workshop Chair – The Hon Justice Andrew Beech Supreme Court of Western Australia Wendy Gillan Barrister, Francis Burt Chambers Gary Cobby Barrister, Francis Burt Chambers

Level: General 2.5 points, Competency 4, Substantive Law

It goes without saying that drafting pleadings is an essential skill for all litigation lawyers. Properly drafted pleadings are vital to your clients’ prospects of success.

Focusing on a simulated client scenario this seminar goes through both the plaintiff’s and defendant’s pleadings.

Who will be successful? His Hon Justice Andrew Beech presides, discussing the form of the pleadings and giving tips along the way.

This practical seminar brings to life the technical rules in an informative and engaging ‘real-life’ session, with materials and tips provided to help you make your next statement of claim or defence clear and to the point.

Level: General 1.5 points, Competency 2, Professional Skills

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

Planning Property

Environmental

Wednesday, 2 November 9.00am – 11.00am Compulsory taking of land: current issues of law and principle Chair – Ken Pettit SC Barrister, Francis Burt Chambers Denis McLeod, Partner, McLeods Glen McLeod, Principal, Glen McLeod Legal Dr Stephen Willey, Assistant State Solicitor, State Solicitor’s Office

Contract Litigation

Tuesday, 8 November 9.00am – 12.15pm Contract Law Masterclass Chair – Matt Howard SC Barrister, Francis Burt Chambers Marcus Solomon SC, Barrister, Francis Burt Chambers Dr Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance Fiona Vernon, Barrister, Francis Burt Chambers Member - $348 Non-member - $418 CPD Active - $0

Chaired by Dr John Hockley, this seminar provides a practical and relevant overview on tax developments across key areas of substantive law and closes with a panel discussion.

Antony Barrier, Lawyer, Munro Doig Lawyers

Professional Skills Litigation

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

A must attend tax seminar for non-tax lawyers who are required to be across recent developments and changes in tax law. The seminar highlights important and perennial issues as well as any new legislation or decided cases. Specifically, the seminar addresses relevant tax considerations and changes in the areas of litigation and dispute resolution, employment, superannuation, estates and trusts, property and state taxes.

Kim Lendich, Barrister, Francis Burt Chambers

Examine the compulsory taking of land and compensation, focusing on topical issues including: • The surrender of developers and local governments to the WAPC demand for free of cost ceding and improvement of regional reserves.

• The de facto reservation of lands affected by Bush Forever, Green Growth Plan and Conservation Category Wetlands, without compensation.

• Severance and Injurious Affection damages in compensation claims, noting that clause 4 of the Land Acquisition Legislation Amendment (Compensation) Bill 2014 would amend s241 of the Land Administration Act 1997 (the Act) which outlines how compensation is determined where interests in land are taken under Part 9 of the Act. • The right of successive owners to claim compensation for Injurious Affection with particular reference to the recent decision of Western Australian Planning Commission v Southregal Pty Ltd [2016] WASCA 53.

Level: Intermediate

2 points, 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 area of the use of extrinsic evidence to interpret the terms of a written contract.

• When does a contract become binding? Recent controversies and the latest case law.

• Equitable remedies for breach of contract and how they differ from common law remedies and analysis of recent developments.

• The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 will come into effect on 12 November 2016 and the implications for small business and standard form contracts.

Level: Intermediate/Advanced 3 points, Competency 4, Substantive Law

12

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016 Workers’ Compensation

Wednesday, 9 November 5.00pm – 6.00pm Review of recent WorkCover and workers’ compensation decisions Chair – Asanka Gunasekera Barrister, Francis Burt Chambers Robert McCabe Barrister, Albert Wolff Chambers

Presented by Robert McCabe and chaired by Asanka Gunasekera, gain an essential overview of recent workers’ compensation cases.

The seminar includes a survey of recent WorkCover appeals decisions and other court decisions relevant to the Workers’ Compensation and Injury Management Act 1981 (WA) and the Safety, Rehabilitation and Compensation Act 1988 (Cth) that are relevant to practitioners in Western Australia.

Highly recommended for practitioners practising in the workers’ compensation area.

Level: Intermediate 1 point, Competency 4, Substantive Law

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

Family

Thursday, 10 November 5.00pm – 6.00pm Surrogacy: Lessons from the Baby Gammy Case Chair – Michael Nicholls QC Barrister, Francis Burt Chambers Penelope Giles Barrister, Francis Burt Chambers

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

Jessica Henderson Barrister, Francis Burt Chambers

Practice Management

Tuesday, 15 November 9.00am – 10.30am Gender Equality: a business issue Chair – Catherine Fletcher, State Prosecutor, Office of the Director of Public Prosecutions for WA Paul Evans, State Solicitor, State Solicitor’s Office John Galvin, Executive General Manager, Georgiou Group Catriona Macloed, Director, Cullen Macloed Lawyers Professor Carmen Lawrence, The University of Western Australia Member - $79 Non-member - $99 CPD Active - $0

Who can forget the disturbing case of baby Gammy, the disabled twin boy who remained with his Thai surrogate mother, while an Australian couple brought his sister home to Australia.

When the Australian father of the twins was discovered to be a convicted paedophile it provoked a media storm around the world, and lead to a change of the law in Thailand. The subsequent Family Court proceedings delved deep into the Western Australia law on surrogacy, artificial conception, and what it means to be a mother or father.

What is the state of the law on surrogacy in Western Australia after the Baby Gammy case? Are international surrogacy agreements legal? Are they enforceable? What determines parentage in international surrogacy matters, and how is it determined? What advice and warnings do you need to give to clients considering international surrogacy?

This seminar confronts the reality of the law in Western Australia in the aftermath of Baby Gammy.

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law Gender equality in the workplace is not just a women’s issue – it also makes hard economic sense for employers with further benefits to the profession and the community generally.

A cross section of speakers from medium and large sized law and non-law firms, provide practical examples of what gender equality actually means in the workplace and the benefits to be obtained both culturally and to the organisation’s bottom line.

Speakers discuss: • Maternity and paternity leave • Family-friendly and flexible work practices for both women and men • The cost of replacing experienced staff • Unconscious bias • Promotional opportunities and salary

Level: General 1.5 points, Competency 1, Practice Management

Isla McRobbie, Partner, Jackson McDonald

Personal Injury

Tuesday, 15 November 5.00pm – 6.00pm Assessing damages in personal injury matters Chair – Gray Porter Partner, Civic Legal Karina Hafford Practice Group Leader, Slater and Gordon Lawyers

Karina Hafford provides an overview of the fundamentals of assessing the various heads of statute and common law damage in personal injury claims.

Review recent cases in damage assessment and be provided with insights into the sources of information available when assessing potential damages in a personal injury claim, including how not to trip up on the calculation of limitation periods.

Designed to equip practitioners in all areas of personal injury law, whether plaintiff or insurance focused, with the knowledge required to advise a client on the potential damages of a claim.

Level: Intermediate 1 point, Competency 4, Substantive Law

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

Legal Support

Wednesday, 16 November 12.00pm – 2.00pm Keep calm and stay resilient Kirsty McPhee Knowledge and Business Development Manager, Tottle Partners

Modern life is busy, at times overwhelming. Working in the legal industry brings additional stress – with the high demands, levels of responsibility and time pressures associated with working with and supporting lawyers.

When we cannot reduce our commitments, when we cannot let anyone down, when we feel like we cannot cope – resilience can be the key.

Interactive activities, personalised testing, academic theory and goal setting will guide you to understand and develop an awareness of self and the ability to manage and regulate your response to change and stress.

Level: General

Member - $125 Non-member - $175 CPD Active - $0

Register online at lawsocietywa.asn.au/cpd

SEMINARS 13 Criminal

Wednesday, 16 November 5.00pm – 6.00pm Grants of bail: the imposition of protective conditions and nonprotective conditions for children Chair – Joe McGrath SC Director of Public Prosecutions, Office of the Director of Public Prosecutions for WA Member - $79 Non-member - $99 CPD Active - $0

The Hon Judge Denis Reynolds Children’s Court of Western Australia

Practice Management

Friday, 18 November 9.00am – 11.00am Lead on Purpose Jonathon Huston Senior Consultant, Facilitator & Executive Coach, Integral Development Philip Moyle Director & Senior Consultant, Integral Development

The bail consideration for children requires the application of the objectives and principles of the Young Offenders Act 1994. Bail conditions can be categorised as protective or non-protective conditions. Protective conditions are specific to a person(s) or category of person while non-protective conditions are general in nature.

Under the Bail Act 1982, breach of a protective condition gives rise to far more serious consequences than a breach of non-protective conditions because it is both ‘an offence’ and ‘a serious offence’ which in combination with another serious offence gives rise to the need to show exceptional reasons for bail. Therefore, whether the circumstances support a protective condition requires careful consideration and is examined in this informative seminar by his Honour Judge Denis Reynolds by reference to practical examples.

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

Leaders exist at all levels of organisations. When you give your team clarity and control, they become motivated and effective leaders.

Lead on Purpose is an intent-based leadership programme which creates change and an environment for people to contribute so they feel valued. Set clear goals but give your people control to complete tasks, their way.

Help make leadership simple and actionable. The seminar offers practical advice and leadership activities. Not only will you get the chance to experience this first hand, you will learn vital tips which your team can implement immediately.

Level: General 2 points, Competency 1, Practice Management

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

Ethics Commercial

Friday, 18 November 1.00pm – 2.00pm Ethics on Friday: a practical approach for commercial lawyers James Healy Barrister, Francis Burt Chambers

Explore the limits between professional advice and professional misconduct. Using the case study method for imparting practical information, look at illegality, professional competence and privilege through an example in commercial law. The case study opens by analysing a conventional sale of business transaction and then progresses by looking at: • • • •

Conflicts of interest Obligations of disclosure in negotiations Legal capacity of your client to make decisions The limits between professional advice and professional misconduct • Explore what your ongoing disclosure requirements are in a sale of business transaction Discussions are framed by ethical considerations of practitioners and the limits on legal professional privilege and confidentiality.

A light lunch is provided.

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

Member - $137 Non-member - $197 CPD Active - $0

This seminar examines costs in the areas of:

Costs Practice Management

Tuesday, 22 November 3.00pm – 5.45pm Focus on costs Matt Curwood Philippa Rezos Senior Legal Officer, Manager Barrister, Francis Burt Chambers (Rapid Resolution Team), Legal Profession Complaints Committee Maria-Luisa Coulson Amy Pascoe Legal Practitioner Director, Coulson Legal Research Consultant, Coulson Legal Fraser Robertson, Barrister, John Toohey Chambers

Member - $292 Non-member - $362 CPD Active - $0

Litigation Costs

Wednesday, 23 November 4.30pm – 6.00pm Security for costs: a practical approach Chair – His Hon Judge Michael Gething District Court of Western Australia Jessica Henderson Barrister, Francis Burt Chambers

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

Emma Luck Barrister, Francis Burt Chambers

• The Legal Profession (Supreme Court) (Contentious Business) Determination 2016 and review of the new Supreme Court Scale • Practical tips on how to prepare special costs applications and an update on the Supreme Court’s provisional assessment procedure • Percentage Based Contingency Fees and their effect made to date in England and Wales with a particular focus on the area of personal injury • Best practice and of recent disciplinary cases and guidelines on ethical billing from the Legal Profession Complaints Committee

Level: General 1 point, Competency 1, Practice Management 0.5 point, Competency 3, Ethics and Professional Responsibility 1 point, Competency 4, Substantive Law

Security for costs comes alive with a mock special appointment to see what must be proved to support an application for security for costs and what the respondent must raise in order to defend. Who will be successful?

His Hon Judge Michael Gething will preside and decide.

This seminar demonstrates the technical rules in an informative and engaging ‘real-life’ seminar, with materials and tips provided to make your next application or defence clear, to the point and more likely to be successful.

Level: General 0.5 point, Competency 2, Professional Skills 1 point, Competency 4, Substantive Law

14

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016 Practice and Procedure

Thursday, 1 December 5.30pm – 7.00pm A view from the Bench Chair – John Prior Barrister, Francis Burt Chambers

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

A great opportunity for junior practitioners, and other practitioners wanting to brush up their knowledge, to receive practical advice on appearing before the Supreme, District and Magistrates Court.

The highly experienced speakers provide advice on general conduct in the courts; expectations of lawyers; insights into conducting pre-trial processes; and necessary documents for submission.

Hear directly from members of the Judiciary as to the main ‘dos and don’ts’ for court appearances.

Master Craig Sanderson Supreme Court of Western Australia

There is facilitated Q&A time for attendees to have the chance to draw on their knowledge of the experienced judicial speakers.

Magistrate Stephen Wilson Magistrates Court of Western Australia

Level: General

Speaker from District Court of Western Australia TBC

Property

Contaminated sites and property transactions

1.5 points, Competency 2, Professional Skills

A contaminated site can have significant economic and planning implications on any property development. It is vital that lawyers dealing with property transactions be able to plan for and properly advise their clients of the impact and requirements of the Contaminated Sites Act 2003 (WA).

Chair – John Syminton Director, Warren Syminton Ralph Pty Ltd

Address how the Contaminated Sites Act works, the process for dealing with memorials registered on titles to land under the Contaminated Sites Act and its impact on property transactions.

Peter Beekink Partner, Lavan Legal

Level: Intermediate

Craig Wallace Partner, Lavan Legal

1.5 points, Competency 4, Substantive Law

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

Commercial

Associations Incorporation Act 2015 (WA)

The laws governing incorporated associations in Western Australia have changed. The Associations Incorporation Act 2015 (WA) commenced operation on 1 July 2016 and has: • repealed and replaced the Associations Incorporation Act 1987 (WA) • made provision for corporate governance, financial accountability and matters relating to rules and membership of incorporated associations

Adam Levin Partner, Jackson McDonald

• imposed specific eligibility requirements on members of the management committee of an incorporated association

Elizabeth Tylich Partner, Jackson McDonald

Elizabeth Tylich provides an overview of the changes, and assesses the practical impact of the changes on the day to day management and governance of incorporated associations in Western Australia.

Level: Intermediate 1 point, Competency 4, Substantive Law

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

Building

Building disputes: trouble in the suburbs Chair – The Hon Justice Kenneth Martin Supreme Court of Western Australia Rob Shaw, Partner, Lavan Legal Peter Verrall, Complaints Manager, Building Commission, Department of Commerce GiGi Visscher, Barrister, Francis Burt Chambers Member - $149 Non-member - $149 CPD Active - $20

Chaired by the Hon Justice Kenneth Martin, explore the practical operation and effect of the Building Act 2011 (WA) and related legislation on neighbourhood building disputes. Particular focus is on the provisions in the Building Act relevant to the obligations of builders and others to neighbouring properties as well as the rights of people who have disputes with their own builder. The seminar wraps with an open panel discussion by the speakers and Building Commission representatives who help demystify the operation of the Building Act. Level: Intermediate/Advanced 1.5 points, Competency 4, Substantive Law

Nabil Yazdani, Standards Manager, Building Commission, Department of Commerce

Consumer

The Competition and Consumer Act 2010 and more particularly the Australian Consumer Law are fundamental areas of law that have a significant impact on both the Australian economy and society in general.

Recent developments in Australian Consumer Law

Chaired by the Hon Justice Neil McKerracher, this seminar provides a timely overview and update on the Australian Consumer Law.

Chair – The Hon Justice Neil McKerracher Federal Court of Australia

Colin Lockhart provides both an overview and update on misleading or deceptive conduct. While Peter Doherty provides both an overview and update on recent developments in unconscionable conduct.

Colin Lockhart Counsel, Corrs Chambers Westgarth Peter Doherty Barrister, Francis Burt Chambers

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

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

Start learning online at elearning.lawsocietywa.asn.au In-house Practice Management

From ‘handbrake to happiness’ to ‘trusted advisor’ Chair – Elisabeth Edwards Regional Legal Counsel (WA), Brookfield Multiplex Australasia

SEMINARS 15 The delicate balancing act between providing frank and fearless legal advice and playing a constructive role in the core business of the company. Tanya Heaslip and Jan Macpherson draw on their in-house experience and will present and discuss practical steps on how to address this balance, be part of the solution and become trusted advisors that play an integral part in board strategy.

Level: General 1 point, Competency 1, Practice Management

Tanya Heaslip Group General Counsel, Wright Prospecting Pty Ltd Jan Macpherson General Counsel, Brookfield Rail Member - $99 Non-member - $99 CPD Active - $20

Criminal

Pleas in mitigation and restraining orders essentials Chair – Magistrate Richard Bayly Magistrates Court of Western Australia Mara Barone Principal, Barone Criminal Lawyers Belinda Lonsdale Barrister, Albert Wolff Chambers

Many lawyers deliver pleas in mitigation and act on violence and misconduct restraining orders as part of their day-to-day practice. Mara Barone provides practical guidance to practitioners on how to deliver more effective pleas in mitigation to ensure better outcomes for clients.

Belinda Lonsdale provides an essential overview of the law, practice and procedure for violence restraining orders and misconduct restraining orders. Highly recommended for lawyers who represent clients in these two key practice areas.

Level: Fundamental 1 point, Competency 2, Professional Skills 0.5 point, Competency 4, Substantive Law

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

In-house Ethics

In-house lawyers as shadow directors: managing and protecting your legal role Chair – Elisabeth Edwards Regional Legal Counsel (WA), Brookfield Multiplex Australasia

Treading the fine line between ‘adviser’ and ‘shadow director’ and managing your professional risk and protecting your legal role. Tim Kavenagh examines the law in relation to shadow and de facto directors and draws on his role as in-house counsel at two different mining companies to give some practical tips on how not to stray into a director’s role.

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

Tim Kavenagh Principal, Hunt & Humphry Member - $99 Non-member - $99 CPD Active - $20

SAVE THE DATE Law Summer School 2017 Friday, 17 February 2017 – All day University Club, Hackett Entrance #1, Crawley WA 6009 Following on from the success of an outstanding conference earlier this year, Law Summer School 2017 is now in development and aims to provide another day of thought-provoking knowledge and discussions. We encourage you to save the date so you can take part, along with esteemed Australian and international legal experts, in an extraordinary collegial learning experience. Be inspired by fresh ideas and a great intimate environment to connect with and learn from members of your profession.

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

16

CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2016

Connecting you in the profession

Celebrate the profession

Connect and socialise

Gala Dinner Friday, 9 September 2016 BelleVue Ballroom, Perth Convention and Exhibition Centre

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

Join colleagues, friends and special guests at this premier social occasion for the legal profession. Featuring great food, wine, entertainment, dancing and a silent charity auction, this gathering promises to provide a great time for all.

Taking the opportunity to acknowledge the importance of the legal profession in Western Australia and to highlight the 10 year milestone of the Chief Justice, it is a celebration not to be missed.

Welcome to the Profession Wednesday, 16 November 2016 Pan Pacific Perth

End of Year Drinks Wednesday, 7 December 2016 Lamont’s Bishops House

Celebrate the admission of our newest legal professionals and hear an update on the Western Australian legal profession and what it means for you.

Catch up over drinks and canapés to finish 2016 with friends and colleagues.

Wellness Programme activities The Law Society continues its partnership with HBF in 2016 to provide members with free events and initiatives through the Wellness Programme. The Programme includes yoga and pilates sessions, employee wellness checks and seminars focused on improving mental health and wellbeing.

For more information on Law Society events, please visit our website and view our weekly email newsletter, Friday Facts.

Supporting you Working in the legal profession can be rewarding and challenging at the same time. It is important that we find balance in our lives as we juggle careers, family, friends and hobbies.

The Law Society has developed a number of personal support services to assist members including: •

Access to LawCare WA: LawCare WA provides professional, confidential and free counselling and information services.

Members can receive up to three sessions of counselling support covered by the Law Society.

•

Senior Advisors Panel: The Senior Advisors Panel provides practitioners with access to experienced colleagues. Members of the Panel have indicated their willingness to be available to discuss professional conduct and ethical issues.

Join the Law Society If you are interested in joining the Law Society or have any queries on your existing membership, please feel free to contact our membership team on (08) 9324 8692 or membership@lawsocietywa.asn.au Visit our website for further information on events and member initiatives at lawsocietywa.asn.au

Friday, 9 September 2016 6.30pm for pre-dinner drinks BelleVue Ballroom, Perth Convention and Exhibition Centre Marking 10 years of service by the Hon Wayne Martin AC as Chief Justice of Western Australia

This event promises to be the premier social occasion for the legal profession including members of the judiciary and special guests visiting Perth for the Law Council of Australia September Directors meeting. With the purpose of acknowledging the importance of the profession in Western Australia and to highlight the 10 year milestone of the Chief Justice, it is a celebration not to miss.

Guests will be treated to a beautiful three course dinner accompanied by premium beverages, talented West Australian entertainers and a fun silent auction to raise funds for the Chief Justice’s Law Week Youth Appeal Trust.

Part proceeds raised go to Holyoake Holyoake would like to thank the Law Society of Western Australia for naming it the recipent of part proceeds raised.

To register visit lawsocietywa.asn.au/gala-dinner

Principal sponsor

Gold sponsors

Production sponsor

Note: The Society endorses moderation and a responsible attitude towards alcohol at all Society functions.

YOUR ESSENTIAL MEMBERSHIP SUPPORTING YOU

Advocating on issues that matter to you and the profession through submissions and advisory initiatives.

CONNECTING

Supporting you professionally and personally through professional development, networking events and keeping you up to date with the latest news.

THE LEGAL PROFESSION

ADVOCATING FOR YOU

Representing the profession through community engagement, access to justice initiatives and community programmes.

REPRESENTING YOU

P: (08) 9324 8600 | E: membership@lawsocietywa.asn.au | W: lawsocietywa.asn.au