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Commercial Law Intensive

Commercial Law Intensive

Date & TimeFriday 22 March 2019 9am–5pm
Format Conference
Price

Member

$630.00

Non-Member

$750.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Practice Management & Business Skills
  • Substantive Law
Venue Sofitel Melbourne on Collins, 25 Collins St, Melbourne View Map

Specifically designed for practitioners who specialise in commercial and business transactions, this annual conference will provide the opportunity to strengthen your expertise in a range of critical areas while obtaining CPD units in each of the key compliance areas.

Further details below.

Program Overview

  • Commercial Law Intensive - Friday 22 Mar
    • 8:30 AM Registration
    • 9:00 AM Opening and Welcome
    • 9:05 AM Commercial Law Case Update

      The area of commercial law is constantly changing and practitioners need to keep up to date in order to maximise the currency and effectiveness of their client advice. In this session, we look at the most recent and relevant case law and legislative updates that will benefit your practice and your firm as a whole.

      Speaker: Andrew Downie, Barrister, Victorian Bar

    • 10:05 AM Morning Tea
    • 10:30 AM Has Your Client Infringed a Trade Mark Registration?

      If your client receives a letter of demand claiming trade mark infringement, what should you advise? This seminar covers the legal and practical issues to be considered when determining whether to advise the client to fight or fold.

      Topics will include:

      • Fold – strategies to minimise the impact on the client’s business.
      • Fight – is there a defence to the claim of trade mark infringement?
      • Fight – is the trade mark registration valid?

      Speaker: Margaret Ryan, Sole Practitioner in intellectual property and consumer protection law

    • 11:30 AM Tax, GST and Duties in a Commercial Context

      Consideration of tax, GST, and duty should form part of every commercial transaction. This session will cover those issues in the context of ‘sale of business’ transactions and how the various rules can be navigated to reduce the chance of the revenue authorities calling, or successfully dealing with any queries that arise.

      Speakers:

      Neil Brydges, Special Counsel, Sladen Legal
      Denise Tan, Senior Associate, Sladen Legal

    • 12:30 PM Networking Lunch
    • 1:30 PM Digital Forensics and Electronic Evidence in Commercial Law

      Whether through the analysis of Microsoft Office files or the investigation into the theft of intellectual property, electronic evidence is at the core of commercial litigation, shaping the way we analyse and understand the key issues. This session will have you thinking beyond email and documents alone by considering alternate data sources such as mobile phone data, instant messaging applications, online sources, metadata, geo-locational repositories and more.

      Topics will include:

      • An introduction to digital forensics and the importance of defensible collection
      • Case studies demonstrating the critical role of electronic evidence in commercial disputes
      • A practical demonstration of the types of evidence available from a mobile phone
      • Understanding some of the legal and technical limitations with electronic evidence
      • A look at some emerging technologies

      Speakers:

      Phillip Magness, National Forensic Technology Manager, Corrs Chambers Westgarth
      Professor Jonathan Clough, Assopciate Dean (International), Faculty of Law, Monash University

    • 2:30 PM The Right Approach to Business Sale Agreements

      In this session, our knowledgeable presenter will provide an update on the requirements for business sale agreements and offer practical, real-world advice on how to draft these agreements to ensure the best outcomes for your clients.

      Speaker: Andy Shaw, LIV Accredited Specialist in Business Law, Lawyer, Fraser Barrett Baird Lawyers

    • 3:30 PM Afternoon Tea
    • 4:00 PM Data Privacy and the EU General Data Protection Regulation

      A modern commercial firm ignores the importance of data protection at its peril, as such, keeping abreast of the latest advancements in cyberlaw is critical for all commercial lawyers. This session will cover the legislative background of data protection in Australia, and provide helpful guidance pertaining to the impact the EU General Data Protection Regulation will have on Australian businesses with a footprint in the EU.

      Topics will include:

      • Introduction and privacy in the context of cyberlaw
      • Privacy Act 1988 (Cth)
      • Privacy Amendment (Notifiable Breaches) Act 2017 (Cth)
      • General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR)
      • Applicability for Australian entities and relevant case law

      Speaker: Helaine Leggat, Principal Lawyer, Sladen Legal

    • 5:00 PM Close

Further Details

  • Full Description

    Specifically designed for practitioners who specialise in commercial and business transactions, this annual conference will provide the opportunity to strengthen your expertise in a range of critical areas while obtaining CPD units in each of the key compliance areas.

    Main topics:

    • Comprehensive case law and legislation update
    • Responding to trade mark registration infringements
    • The increasing importance of privacy and data protection in the context of the EU General Data Protection Regulation
    • Continued advancement of technology in commercial law practice
    • The right approach to business sale agreements
    • Tax issues, including GST and duties in a commercial context
  • Presenters

    Andrew Downie, Barrister, Victorian Bar

    Margaret Ryan, Sole Practitioner in intellectual property and consumer protection law Margaret Ryan received the University Medal in Law from the University of Sydney and commenced her career in Intellectual Property when she worked as a Research Assistant to the late Federal Court Justice Sheppard, who specialised in IP. She was trained in the IP departments of two large commercial law firms, was called to the Bar and has spent almost 20 years with a specialist IP firm, practising in commercial IP law, IP litigation and conducting trade mark oppositions before the Trade Marks Office, including performing her own advocacy.  She is a qualified Trade Marks Attorney.  Margaret has lectured and tutored in IP at Victoria University and has contributed to the copyright sections of The Laws of Australia and The Law Handbook. Margaret has recently established a sole practice in IP and consumer protection law, undertaking IP commercial and dispute resolution work and trade mark oppositions, and can consult on IP issues.

    Neil Brydges, Special Counsel, Sladen Legal Neil is a Special Counsel in the business law area, with a particular focus on taxation advice and disputes. Taxation law is a complex area. Neil’s aim is to provide technical expertise to clients, commercially applied and in a friendly and approachable manner. Neil’s practice involves advice, audits, disputes, and transactions. The client mix includes both family groups and business enterprises. Neil also regularly assists professional advisors, including tax agents, accountants and financial advisors, to understand complex legal issues and help them to better assist their own clients. Neil is a Chartered Tax Advisor with The Tax Institute and accredited as a specialist in taxation law with the Law Institute of Victoria.

    Denise Tan, Senior Associate, Sladen Legal Denise is a Senior Associate in Sladen Legal’s business law team and has developed her tax career by providing taxation advice across structuring and disputes. She has extensive experience in indirect tax matters (with a focus on state taxes) relating to asset holdings, corporate restructures, mergers, asset and corporate acquisitions. Her experience is varied and covers low to high value private and public transactions. Denise has provided advise to clients including medium to high net worth individuals, accountants, financial planners, public and self-managed superannuation fund trustees, property developers, infrastructure companies, REITs and private and publicly listed companies. Aside from her previous experience in a big 4 accounting firm as a Senior Manager, Denise has also worked in the Victorian State Revenue Office and is familiar with the administration, policy and legal application of state taxes. Denise prioritises understanding her client needs and places a high importance in the objectives of the client. She aims to utilise her experience to provide client specific solutions in a holistic manner.

    Phillip Magness, National Forensic Technology Manager, Corrs Chambers Westgarth Phil is one of a limited number of people who can combine investigations experience, forensic expertise and an understanding of the law to offer clients a complete package of service. Phil was a member of the Australian Federal Police for 17 years and is recognised as one of Australia’s leading forensic technology practitioners. He has worked on some of Australia’s largest investigations, inquiries and prosecutions and has given evidence and expert reports in over 100 cases. He leads Corrs Forensic Technology where he assists clients with the acquisition, analysis and reporting on vital evidence within computers, servers, mobile telephones, GPS systems, CCTV and other electronic storage devices. As a member of Corrs Cyber, he also assists clients with data breach investigations and security advice.

    Professor Jonathan Clough, Assopciate Dean (International), Faculty of Law, Monash University

    Andy Shaw, LIV Accredited Specialist in Business Law, Lawyer, Fraser Barrett Baird Lawyers Andy regularly assists clients with the purchase and sale of businesses. He is an experienced mergers and acquisitions lawyer who can help manage all aspects of the transaction process for his business clients. He also has particular expertise in assisting clients with their business succession needs. He commonly drafts partnership style agreements to help address the key governance issues faced by businesses, and to provide business owners with tailored and appropriate exit mechanisms.

    Helaine Leggat, Principal Lawyer, Sladen Legal Helaine is one of only a handful of lawyers in the world to hold the CISSP, CISM, CIPP and CIPP/IT credentials*, in simple terms, in addition to her law credentials Helaine has earned some of the world’s most esteemed certifications in cybersecurity, privacy and information security.  Helaine has specialised at the leading edge of these disciplines since 2000 and has provided services to public and private sector organisations globally across all sectors. Helaine’s focus is on uniquely differentiated legal services founded on a belief that cyberlaw is empowering and that it is essential to know one’s rights while meeting one’s obligations. Her understanding of the relationships between people, information, technology, global business, and cyberspace, will drive the cyberlaw practice at Sladen Legal.

  • Learning Outcomes

    By attending this session, you will:

    • Discover how the application of technological tools and advancements can improve the efficiency of your practice
    • Increase your awareness of data protection and privacy regulations to ensure that you are meeting your ethical obligations to your clients
    • Bolster your knowledge of important intellectual property, trade mark and taxation considerations so that you can confidently advise clients