Select from the filtering options below
This session will cover key case law and legislative updates in trademark law, including what to look out for in 2016. Topics covered in this session will include protection of trademarks online, including current law and tips for practitioners; key trademark case updates; and important changes to trademark practice for 2016.
Presenter: Sally Foreman, Senior Associate, Davies Collison Cave
This session will provide practical insights from a panel of international and interstate guests, including a partner from King & Wood Mallesons' Shanghai office. The panel will offer tips and traps to help you identify risk areas and avoid common mistakes that foreign businesses make when doing business in China. The panel will also share key "watch outs" for businesses new to the Chinese market. This session will particularly benefit in-house legal counsel and private practice lawyers advising clients that wish to establish commercial relationships with third parties in China (such as for procurement purposes) or clients that wish to establish operations in the Chinese market, either directly or indirectly.
Moderator: Cheng Lim, Partner, King & Wood Mallesons
In this session Karen Hallenstein, Supervising Counsel for Intellectual Property at Telstra, will take practitioners through the key developments in the law governing intellectual property online, with a specific focus on online copyright. The session will cover piracy, authorisation and website blocking; observations and themes from the last 12 months, including recent developments in legislation and common law; politics and government interventions; and implications for the future.
Presenter: Karen Hallenstein, Supervising Counsel, Telstra
The customer experience is widely held as today's business benchmark. In this
insightful presentation, delegates will hear from a legal mystery shopper on how
firms outperform each other with client experience, and the risks and rewards
inherent in delivering exceptional service. Our expert presenter will discuss common
errors made by firms who fail to deliver a memorable client experience, how to
ensure your client experience stands out from the rest, and tips and tricks for
sustaining an outstanding client experience.
Presenter: Carl White, Director, Customer Experience in Law (CXINLAW)
Each year more than 3500 solicitors call the LIV's Ethics Advice Line to discuss
issues they are facing in daily practice. The substance of these calls forms the basis
of this ethics seminar. LIV ethics sessions are highly interactive and delivered by
the same experienced solicitors who provide ethics guidance on the advice line.
Practitioners can expect an in-depth discussion on the tricky ethical responsibilities
of engaging in communications with colleagues and clients.
Presenter: Michael Dolan, Ethics Lawyer, Law Institute of Victoria
Having the ability to effectively mediate and negotiate is an essential professional skill
for lawyers. During this session, delegates will discover the fundamental techniques
necessary to successfully manage difficult situations and people with high conflict
personalities. This session will help you understand your role as a mediator and
unlock the key tools for skilful negotiation, learn the best means of dealing with high
conflict personalities, discover how to mediate with empathy and respect, structure
the dispute resolution process from the start and gather information for proposals.
Presenter: Scott Hall, Director, Goldfields Mediation Centre
Explore the issue of liquidated damages and penalties in commercial contracts and receive practical drafting advice to ensure clauses are enforceable and achieve the desired outcome. Topics covered will include the difference between penalties and liquidated damages; recent case law in the area of penalties and liquidated damages; consideration of "penalty interest" and whether it can amount to a contractual penalty; lessons learned from Andrews v ANZ and Paciocco v Australia and New Zealand Banking Group Ltd; common clauses in commercial contracts which could amount to a penalty; and tips for drafting.
Presenter: Oren Bigos, Barrister, Victorian Bar
Keeping up to date with tax law developments can be a difficult and timeconsuming process, especially when tax law may not be your primary area of practice. Tax considerations arise in all areas of practice and knowing the current legislation and procedures is essential. Participants will hear about recent updates in business tax law and the practical implications of these developments for commercial lawyers in their day-to-day practice. This session will cover trust distributions, the small business CGT exemptions, Division 7A and the write-off for depreciating assets costing less than $20,000.
Presenter: Michael Flynn SC, Barrister, Victorian Bar
An esteemed panel will discuss the common areas in commercial contracts where they see disputes arise and provide practical advice to practitioners on how to avoid these pitfalls and minimise the risk of costly litigation. Participants are encouraged to ask questions or to send their questions in advance of the session to email@example.com.
With the sheer volume of employment matters being heard before courts and
tribunals on a daily basis, staying on top of case law developments relevant to your
practice can be hard work. Add that to conflicting case authorities and before you
know it, half a billable day disappears in legal research. This practical session will
save you time and effort by covering the most recent developments in employment
law and their significance for employers and employees, focusing on unfair dismissal,
general protections and workplace bullying.
Presenter: James McDougall, Barrister, Victorian Bar
Gone are the days when employers could simply declare "last in, first out" and cut
the workforce quickly and cheaply. Employers today have legal obligations in any
redundancy situation, no matter how big or small, and ignore these at your peril.
Today, the costs that an employer hopes to save can be dramatically outweighed
by the costs of getting a redundancy situation wrong. This session will provide a
comprehensive overview of the way in which legal requirements shape redundancy
process management and the practical steps which employers must take to navigate
Topics covered will include:
Presenter: Meaghan Bare, Principal, Kliger Partner Lawyers
Conducting thorough investigations is an important element in resolving workplace
complaints and grievances. With investigations often being required in instances of
conflicting complaints and to fulfil legal compliance obligations, it is vital that a proper
process is followed to withstand scrutiny if the outcome is challenged. This session
will look at how to best conduct workplace investigations and give practical advice on
implementing effective and procedurally fair investigations.
Presenter: Karen Wise, Director, Wise Workplace Solutions
This session will look at the ramifications of the failure of the baseline sentencing legislation and what to anticipate for future reform. Our presenter will discuss the sentencing advisory council’s report, likely options for reform and what baseline sentencing means for sentencing practices in Victoria.
Discover insights into the powers and jurisdiction held by Australia’s anti-corruption agencies. Gain knowledge that will clarify the rights of criminal lawyers and demystify the powers of these agencies and what they mean for you. Our presenter will discuss the evidence gathering powers granted to anti-graft agencies; what it means to balance an effective integrity system and civil liberties; outcomes of recent case law decisions related to IBAC; and how public hearings will affect the rule of law.
Presenter: Christopher T Carr, Barrister, Victorian Bar
In 2013 the Victorian state government publicly released the Review of Sexual Offences: Consultation Paper. Following consultation on the paper's proposals for reform, the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 (Vic) was passed by parliament in October 2014. This Act made a number of improvements to Victoria's sexual offence laws, including rape and sexual assault. The reforms commenced operation on 1 July 2015.
This session will look at the implications of the recent reforms and discuss:
Presenter: Greg Byrne PSM, Director, Criminal Law Review, Department of Justice and Regulation
Lawyers of the future will need to be proactive, flexible and agile within a fluid and ever changing legal landscape. This session will cover tips for the essential skills you should be developing in order to prepare yourself for the future legal market, why soft skills are the new hard skills, specialists with general knowledge and the importance of collaboration.
Presenter: Jessica Main, Lawyer, McKean Park Lawyers, LIV Young Lawyers President 2014
Developing a high degree of emotional intelligence can increase a lawyer's ability to negotiate, persuade, build loyal clients and even limit professional liability claims. Employing emotional intelligence can have a strong impact on the effectiveness and success of a law practice. Delegates attending this session will benefit from hearing practical strategies and tips for increasing emotional intelligence and applying it within their practice area.
Through this session, you will learn how to:
Presenter: Meg Price, Director of Client Services, Genos International
Each year more than 3500 solicitors call the LIV's Ethics Advice Line to discuss issues they are facing in daily practice. The substance of these calls forms the basis of this ethics seminar. LIV ethics sessions are highly interactive and delivered by the same experienced solicitors who provide ethics guidance on the advice line. Practitioners can expect an in-depth discussion on the tricky ethical responsibilities of engaging in communications with colleagues and clients.
Presenter: Michael Dolan, Ethics Lawyer, Law Institute of Victoria
Mediation in the context of administrative law raises interesting issues. Unlike in the civil law context, administrative decision makers may find it more difficult to engage in mediation with the subject of their decisions. This session will focus on the role and use of mediation in administrative law matters, regulators’ perceptions of mediation and practical tips on when and how to use mediation in administrative law matters.
Presenter: Senior Member Ian Proctor, Victorian Civil and Administrative Tribunal
Statutory interpretation is central to the practice of law. However, with the sheer volume of administrative matters being heard before courts and tribunals, staying on top of developments in statutory interpretation can be hard work. This practical session will save you the "hard slog" while covering statutory interpretation principles and provisions, and interpretative tools to assist you in your practice, concluding with a case study to work through common interpretation issues and practical solutions to these issues.
Topics covered will include:
Presenter: Alison O’Brien, Assistant Victorian Government Solicitor, Victorian Government Solicitor’s Office
This interactive session will take a practical look at managing FOI requests, including tips on making requests which maximise your client’s chances of an expedited release at minmimum cost. Our presenter will also discuss recent VCAT cases of interest dealing with exemptions and tips on protecting your client’s commercially sensitive communications.
Presenter: Amy Hu, Senior Solicitor, FOI Solutions
Looking for a way to get more out of your billable hour? Knowing what apps to use could make the difference. Legal apps are a new and growing part of the Australian legal landscape and practitioners are increasingly using them to provide fast, accurate and cost effective answers to common legal problems. This session will cover some of the most useful (and user-friendly!) new apps for lawyers and how they can be incorporated into your everyday practice.
This session will cover:
Presenter: Anne-Marie Cade, Principal, Daniel Lew Le Mercier & Co
The need to adopt more technology faster is becoming imperative for the survival of law firms. There is a plethora of technology options ranging from apps through to a cloud-based, paperless office. So where do you start? And how do you know whether a certain type of technology is even worth your time?
Using a law firm case study, this session will highlight the value of developing a roadmap that matches specific technology solutions against short-term and long-term business goals. Practitioners will learn how to deliver achievable outcomes by adopting technology at their own pace in the areas that work best for their practice.
Around 97 per cent of consumers research local products and services online. What does this mean for you as a lawyer? With today’s clients being more informed and technologically savvy than ever before, law firms need to keep up when it comes to business development. In this seminar, practitioners will learn how to leverage the connected nature of today’s society to realise business development goals, engage with current and prospective clients and grow their business.
Topics covered include:
Presenter: Laura Vickers, Principal, Nest Legal
The new Powers of Attorney Act 2014 (Vic) commenced on 1 September 2015. This session will reveal the practical meaning of the changes, which consolidate the legislative provisions for powers of attorney and enduring powers of guardianship. The presenter will address the most significant changes since the Act was introduced six months ago, clarify new witnessing requirements under the Act, discuss how the Act has affected the court systems and offer future predictions for practical implications of the Act.
Presenter: Justin Hartnett, LIV Accredited Specialist in Wills & Estates, Principal, Harwood Andrews
Following the Victorian Law Reform Commission review of succession laws and amendments to the Administration and Probate Act 1958 (Vic), the courts have introduced initiatives to enable more efficient and cost effective processing of claims. Her Honour Judge Kings will discuss the procedures introduced by the County Court in relation to family provision claims. Kathy Wilson will then discuss the procedures introduced by the Supreme Court regarding probate matters and family provision claims.
The fact that death does not itself trigger a capital gain or loss and the fact that a CGT exemption may apply for the deceased’s main residence can lead to some interesting and potentially confusing outcomes in the administration of deceased estates. This presentation will address some of the issues arising out of the sale or distribution of the deceased’s main residence, including the effect of rental of the main residence while the deceased was in the nursing home prior to death, investigating post-death occupation by beneficiaries and detailing the surrender of life interests.
Presenter: Tony Riordan, LIV Accredited Specialist in Tax Law, Principal, Riordans Lawyers
This session will cover recent key case law, legislation and procedural updates, including the new Supreme Court of Victoria Rules, the test for summary judgment introduced by the Civil Procedure Act 2010 (Vic), changes to the rules for offers of compromise, recent cases on proportionate liability and privilege, the status of the rule in Codelfa and what to look out for in 2016.
Presenter: Andrew Downie, Barrister, Victorian Bar
Tax implications arise at each stage of the litigation process. From preparing a claim to negotiating and settling a dispute, the possible tax consequences must be considered when advising clients in this area. Learn some of the key tax issues that arise at each stage of the litigation process and get practical advice on how to navigate them in your own practice.
Presenter: Michael Hines, Barrister, Victorian Bar
An esteemed panel will discuss the changes to the civil appeals process that commenced in November 2014, as well as the queries that have arisen since the establishment of the new regime. Participants will be given the opportunity to ask the panel questions and gain knowledge of the practical requirements brought about by the new processes.
Questions addressed will include:
Moderator: Richard Leder, Partner, Corrs Chambers Westgarth
This opening presentation will provide insight into a recent significant decision for personal injury law: Erlich v Addass Israel School. In 2007 the Addass Israel School's head of religious studies, Malka Leifer, faced accusations of sexual abuse from a student. Justice Jack Rush recently awarded more than $1.2 million to the plaintiff. Junior counsel for the plaintiff will update practitioners on the latest developments regarding this significant decision in personal injury law.
The presentation will include:
Presenter: David Seeman, Barrister, Victorian Bar
The Victorian Supreme Court ordered the State of Victoria to pay damages in excess of $1.2 million to a former teacher at Werribee Secondary College after he sued in negligence for the school's failure to prevent what became a debilitating psychiatric injury. This session will address dealing with injury claims related to stress and other issues. Our speaker will discuss health and safety issues, including an employer's responsibility; managing an ongoing workplace relationship with a mentally injured employee; work cover concerns; liability concerns and documentation issues; key policies and procedures to address the risk of workplace injuries; and responding to a complaint and reports of psychiatric injuries.
Presenter: Emily Anderson, LIV Accredited Specialist in Personal Injury Law, Senior Associate, Maurice Blackburn
With such a plethora of reference materials available, it is often very difficult to discern the difference in quality. This session will provide an opportunity for attendees to hear from a legal reference material expert on how to identify quality resources and reference materials to better utilise your time and resources.
The Civil Procedure Act 2010 (Vic) remains of interest with regard to personal injury cases. Issues continue to arise and decisions rely upon this legislation. During this session, our presenter will lead an interactive Q&A discussion, providing practical suggestions for meeting these obligations and exploring the key issues with attendees. He will identify the overarching obligations under the Act, discuss common issues related to the obligations, and offer tips and tricks for personal injury practitioners.
Presenter: Matthew Hooper, Barrister, Victorian Bar
This session will offer our delegates the opportunity to take part in an interactive discussion led by our two skilled expert witnesses, as well as recommendations on best practice. Topics covered will include identifying and choosing an expert witness, gathering and providing information for expert witness reports and maximising value from an expert medical witness.
Through the Ethics Advice Line, the LIV Ethics department receives an ongoing stream of inquiries regarding ethical and conduct issues faced by personal injury lawyers. Using scenarios based on matters recently dealt with by the Ethics team that were developed in consultation with personal injury lawyers, the LIV will facilitate an interactive discussion of ethical dilemmas highly pertinent to personal injury law practice.
Presenter: Michael Dolan, Ethics Lawyer, Law Institute of Victoria
This session will give attendees an e-conveyancing update specifically designed
for those working in legal support. The session will cover what legal support staff
will need to be aware of, what practitioners will need to do, and the risks and other
special considerations in relation to the new requirements. Attendees can also
expect a brief overview of Land Victoria's plan for alignment of paper and electronic
conveyancing over the next three years.
Presenter: Russell Cocks, Mentor of the Year – LIV 2015, Consultant
This session will give an up-to-the-minute property law update for legal support staff,
including current critical property law issues such as:
Presenter: David McKenzie, LIV Accredited Specialist in Property Law, Principal,
David J McKenzie Lawyers
The content of this session will provide a critical succession law update for those
working in legal support for succession law.
Presenter: Nancy Collins, Senior Associate, Litigation, Arnold Bloch Leibler
During this session, our ethics expert will draw on thought-provoking and stimulating
real-life ethical challenges and scenarios. This session has been designed with the
needs of legal support staff in mind.
Presenter: Donna Cooper, Ethics Department Manager, Law Institute of Victoria
This session is designed for those who do not necessarily work in the area of family
law but need to understand the basics. Attendees will discover the fundamentals of
working within this challenging and dynamic area of law. Topics covered will include:
Presenter: Aisling Clifford, LIV Accredited Specialist in Family Law, Senior
Associate, Westminster Lawyers
Discover how to effectively utilise the library and its resources. At the end of this
session you will be able to:
Presenter: Tasia Mitsinikos, Training and Research Librarian, Law Institute of Victoria
This session will cover key case law and legislative updates for property lawyers as well as what to look out for in 2016.
This session will provide an update on verification of identity in Victoria, outlining our panellists' experiences in undertaking VOI, the unique challenges the new regime has created for property lawyers and how to best mitigate risks. Participants are invited to share their experiences and send their questions through prior to the panel discussion. The session will finish with an outline of the alignment of paper and electronic conveyancing requirements generally, including the implementation timeline for the remainder of the Registrar's Requirements.
Moderator: Simon Libbis, LIV Accredited Specialist in Property Law, Principal, Subdivision Lawyers
Property law presents its own unique ethical dilemmas for lawyers. In this interactive and informative session, highly experienced LIV ethics lawyers will take practitioners through some of the key ethical issues that face property lawyers today.
This session will provide key updates in planning and environment law by discussing recent "red dot" decisions of the Victorian Civil and Administrative Tribunal (VCAT) in the Planning & Environment List and the Supreme Court of Victoria, including practical implications for planning lawyers and their clients. Hot topics covered will include project planning and community opposition, urban renewal and development, water, car parking waiver and sustainability, contaminated land and new features of VCAT's jurisidiction. As part of this session, there will also be an opportunity for discussion among attendees.
Presenter: Eliza Bergin, Principal Solicitor, Victorian Government Solicitor's Office
This session will provide an overview of how to best represent clients at mediations at the office of the VSBC. Malwina Peacock, LIV accredited specialist in commercial tenancy law, will guide practitioners through the process, offering practical advice on breaking deadlocks and strategies for putting the best case forward for the client. Alan Wein, principal mediator of Wein Mediation, will discuss best practice for mediations in the office of the VSBC and the strategies he commonly sees in mediations which achieve the best outcomes.
Presenter: Malcom Watson, LIV Accredited Specialist in Property Law, Partner, Gadens
Client interviews are at the core of information gathering in any legal matter. Conducting a successful interview requires a range of skills and an understanding of the overarching social framework. This becomes all the more complex in circumstances where a client may not necessarily be entirely open or truthful with the interviewer. Through this session, practitioners will have a better understanding of interviewing strategies and techniques in family law matters, and how to employ them across their everyday practice.
Presenter: Caroline Counsel, LIV Accredited Specialist in Family Law, Principal, Caroline Counsel Family Lawyers
LIV ethics lawyer Michael Dolan will lead this interactive Q&A session examining the ethical obligations of family lawyers. Using de-identified real-life scenarios from the LIV Ethics Advice Line developed in consultation with practicing family lawyers, this session will focus on the ethical dilemmas arising from the interdisciplinary nature of family law.
Lawyers need to be informed and confident risk takers. This session will highlight the types of risks family lawyers face in their everyday practice and provide practical solutions to minimise their exposure. Focusing on the key areas of concern that the LPLC sees in client complaints about family lawyers, the session will cover specific risk management concerns for family lawyers, engagement management and practical claims prevention strategies.
Presenter: Heather Hibberd, Chief Risk Manager, Legal Practitioners' Liability Committee
With the sheer volume of matters being heard before courts and tribunals on a daily basis, staying on top of case law developments can be hard work. Add that to conflicting case authorities and before you know it, half a billable day disappears in legal research. Our panel of judges from from the Federal Circuit Court will cover recent case law developments and their significance for family lawyers.
Moderator: Emma Swart, Barrister, Victorian Bar
What are the critical issues to look out for when advising a client on superannuation matters in a family law dispute? How can you draft effective flagging or splitting orders? Understanding how superannuation interests operate in the context of family law disputes can be complex and fraught with difficulty. This session will provide an overview of the issues that family lawyers need to be aware of in navigating matters involving superannuation, and practical drafting tips to effectively advise clients.
Presenter: Stephen Bourke, Director, Certus Law
Covering a range of issues that arise in daily family law practice, this panel discussion will work through hypothetical scenarios taken from previous LIV Accredited Specialisation family law assessments to explore various aspects of family law matters.
Learning & Networking