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LIV update

Every Issue

Cite as: (2007) 81(3) LIJ, p. 92


LIV Council

Law Institute of Victoria (LIV) Councillor Carol Geyer made her second maiden speech at the first Council meeting of 2007 on 18 January. Ms Geyer was previously a Council member in 2005.

LCA Executive positions

Council supported a proposal to amend the Law Council of Australia (LCA) constitution to remove positions on the LCA Executive. Council also approved a recommendation on how it would vote on the role of Large Law Firms’ membership application at the LCA Directors meeting on 3 February.

Professional Standards publication

Council approved a recommendation to seek approval from the Legal Services Board (LSB) to introduce a new LIV official publication. Under the Legal Profession Act 2004 the publication is expected to include practice rules, information on practising certificates and Practitioner Remuneration Orders. It was noted that the new publication would not contain disciplinary notifications, which were the responsibility of the LSB.

Maiden speech by Carol Geyer

The following is an edited version of Councillor Geyer’s speech.

This is my second maiden speech. Somewhat of a contradiction in terms . . . but I am very grateful to be in the position of being required to make it.

As many Council members are aware, I was fortunate to be elected to Council in 2005 for a year.

Again, this year I am honoured to have been elected to the Council of the LIV. I intend to serve the profession with enthusiasm and hope that I will be able to make a positive contribution to the profession and to Council.

At the time of my “first” maiden speech I was employed at Moores Legal in Box Hill. My position on Council was that of a suburban representative. Midway through that term on Council I commenced working at Maurice Blackburn Cashman.

As is well recognised at the LIV, many fine lawyers work at “Maurie Bees”. And it was as a plaintiff lawyer that I gained this position on Council.

I have held the position in the medical negligence department at Maurice Blackburn Cashman for 15 months and have grown enormously as a lawyer during that time. I have my colleagues in the medical negligence department to thank for my professional growth over that time.

Recently I accepted a position at the Medical Practitioners Board of Victoria and look forward to the challenges and further professional development which that role will bring.

This year I come to Council with a greater appreciation of the breadth of knowledge which is available to support our profession. My fellow Council members voluntarily devote large amounts of personal and professional time and energy to the promotion, support and advancement of the legal profession and the state in which we live. I count it a privilege to sit beside you and contribute with you.

I come to Council with no particular barrow to push but with a number of issues which concern me and into which I would hope the LIV can channel energy.

I am concerned about the erosion of the rights of individuals in our society:

  • I am concerned about the impact that the tort reform has had on those clients who are deserving of compensation, yet they have been excluded by the higher hurdles which have been built into legislation before an individual can seek compensation for a civil wrong;
  • I am dismayed by the federal legislation which still permits the imprisonment (without charge) of individuals who seek refuge in our land; and
  • I lament the recent federal changes which have eroded the individual bargaining power of many workers.

I am also aware that there are issues within our profession which we need to address.

We must continue to tackle the rate at which young lawyers leave the profession after three to five years.

As a profession we need to work harder to retain these younger professionals and I consider that the answer is linked with the profession aligning the rhetoric and actuality of work/life balance more closely.

Many of the younger lawyers I have got to know no longer accept that excessive hours in the office make for a better lawyer, and I think they are right.

We need to re-align our thinking and actions so that the reward of promotion is in response to excellent work and not long hours in the office.

So it is that this second maiden speech is concluded with my thanks to my employers for understanding and encouragement to commit time and energy to this role.

What’s on at the LIV

LIV and VWL International Women’s Day Lunch
Passionate asylum seeker advocates Claire O’Connor, of the South Australian Bar, and Rebecca Gilsenan, of Maurice Blackburn Cashman, Sydney, will present the keynote addresses at the annual Dame Roma Mitchell Memorial Luncheon, hosted jointly by Victorian Women Lawyers (VWL) and the LIV in support of the Asylum
Seekers Resource Centre. The annual luncheon will mark International Women’s Day.
When: Friday, 9 March, from 12.30-2pm
Where: Zinc at Federation Square, corner Flinders and Swanston Streets, Melbourne
Cost: $70 LIV & VWL members, $65 YL members, $85 non-members and guests
Inquiries: LIV Events on ph 9607 9504 or email events@liv.asn.au.

Government Lawyers and the Legal Profession Act 2004
Legal Services Commissioner Victoria Marles will present a free update for government lawyers on the Legal Profession Act 2004 and how it relates to, and affects, government lawyers.
When: Wednesday, 21 March, from 12.30-2pm
Where: LIV, 470 Bourke Street, Melbourne
Contact: LIV Events on ph 9607 9504 or email events@liv.asn.au. Registration is essential.

WorkChoices Forum
The LIV’s Workplace Relations Section presents the WorkChoices Forum, exploring the broad ramifications for federal regulation resulting from the recent WorkChoices decision in the High Court of Australia.
When: Tuesday, 27 March, from 12.30-2pm
Where: LIV, 470 Bourke Street, Melbourne
Speakers: Solicitor-General Pamela Tate SC, Iain Ross of Corrs Chambers Westgarth and Peter Hanks QC.
Cost: Free, but registration is essential
Contact: LIV Events on ph 9607 9504 or email events@liv.asn.au

Professional Development

Unless otherwise specified, for more information on the following events go to www.cpd.liv.asn.au or email cpd-liv@hoo.com.au.

CPD units

All of the programs outlined below are designed to meet the CPD Rules requirements. The CPD Rules state the following in relation to claiming CPD units for attendance at professional development programs: “If this particular educational activity is relevant to your immediate or long-term needs in relation to your professional development and practice of law, then you should claim one unit for each hour of attendance, refreshment breaks not included”.

Young Lawyers 2007 Annual Lecture Series
(1.5 CPD units)
8 March – Survival Skills Series – Introduction to court advocacy
13 March – Wills Drafting and Testamentary Trusts
21 March – Preparing and Understanding Conveyancing Documents for the Purchase and Sale of Real Property
27 March – Essentials in De Facto Property Law
Where: LIV, 470 Bourke Street, Melbourne, from 5.30-7pm

Practical Ethics for Lawyers: CPD compliance module
(1 CPD unit)
The Continuing Professional Development Rules 2005 require practitioners to complete two units of ethics every three years.
When: Monday, 19 March, from 1-2pm
Where: LIV, 470 Bourke Street, Melbourne
Speaker: LIV Ethics manager Pam Morton

Practice Management: Developing and Driving Strategy – Workshop
Part of the Practice Management series
(3 CPD units)
Strategic planning is a critical investment for firms that want to progress and grow with greater speed and confidence. Learn strategies to meet firm objectives and develop a clear vision for the future.
When: Tuesday, 20 March, from 9am-12.30pm
Where: LIV, 470 Bourke Street, Melbourne
Speaker: Sam Coupland, FMRC Legal Pty Ltd

Mediation Training Workshop
(24 CPD units)
Five-day mediation training course offered in conjunction with La Trobe University. This workshop has been developed to meet the draft National Mediation Accreditation Standard guidelines and provides participants with the essential negotiation, media-tion and communication skills required to become a mediator.
When: Wednesday, 21-Friday, 23, Monday, 26 and Tuesday, 27 March, from 9am-5pm
Where: City Campus, La Trobe University, 215 Franklin Street, Melbourne
Speaker: Professor Tania Sourdin, La Trobe University

Advanced Mediation Skills – Workshop
(7 CPD units)
A one-day workshop designed to assist experienced mediators develop and enhance their existing skills and extend their understanding of mediation tools and models.
When: Wednesday, 28 March, from 10am-6pm
Where: City Campus, La Trobe University, 215 Franklin Street, Melbourne
Speakers: La Trobe University Director Professor Tania Sourdin and experienced mediator, conciliator and tribunal mediator Garth Brown

Personal Injuries Law Update – Regional/Suburban Tour

(1.5 CPD units)
This legal update will inform solicitors on recent legislative changes and court decisions which impact on personal injury claims.

Moorabbin
When: Tuesday, 13 March, from 5-6.30pm
Where: Hemisphere Conference Centre, 488 South Road

Moonee Ponds
When: Wednesday, 14 March, from 5-6.30pm
Where: Clocktower Centre, 750 Mount Alexander Road

Bulleen
When: Thursday, 15 March, from 5-6.30pm
Where: The Manningham Conference Centre, 1 Thompson Road

Wangaratta
When: Thursday, 22 March, from 12.30-2pm
Where: Quality Hotel Wangaratta Gateway, 29 Ryley Street

Shepparton
When: Thursday, 22 March, from 5-6.30pm
Where: Parklake Motor Inn, 481 Wyndham Street

Bendigo
When: Friday, 23 March, from 12-1.30pm
Where: Greystanes Manor, 57 Queen Street

Ballarat
When: Wednesday, 28 March, from 12.30-2pm
Where: Craig’s Royal Hotel, 10 Lydiard Street South

Geelong
When: Wednesday, 28 March, from 5-6.30pm
Where: Four Points Sheraton, 10-14 Eastern Beach Road

Traralgon
When: Thursday, 29 March, from 12.30-2pm
Where: Century Inn, Princes Highway (corner Airfield Road)

Frankston
When: Thursday, 29 March, from 5-6.30pm
Where: Frankston International Motel, 389 Nepean Highway
Speaker: Andrea Tsalamandris, accredited specialist – personal injury, partner, Holding Redlich

CPD Intensive Week
20–30 March

Property Law CPD Intensive Day
When: Tuesday, 20 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Property Law Update; Overview of the Owners Corporation Act 2006
Session 2: 11.30am-1.30pm – Recent Changes to Land Tax and Stamp Duty; Common issues in registering documents, transfers and mortgages
Session 3: 2.15-4.15pm – for details regarding this session please go to www.cpd.liv.asn.au.

Litigation Lawyers CPD Intensive Half-Day
When: Tuesday, 20 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Update on Recent Developments in VCAT Practice and Procedure; Proportionate Liability
Session 2: 11.30am-1.30pm – Litigation Funding: What’s new in WorkCover

Criminal Law CPD Intensive Evening
When: Tuesday, 20 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 4.30-6.30pm – Confiscation of Assets and Proceeds of Crime; Update on sexual 0ffences matters
Session 2: 7-9pm – Using Expert Witnesses in Criminal Matters: A look at the benefits of using psychiatrists and psychologists

Wills & Estates CPD Intensive Day
When: Wednesday, 21 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Testator’s Family Maintenance Claims; Improper and unconscionable transactions concerning elderly and vulnerable persons
Session 2: 11.30am-1.30pm – Wills Drafting; Practical aspects of testamentary trusts
Session 3: 2.15-4.15pm – “Death & Taxes (the two certainties in life) – the complex issues”

Commercial Law CPD Intensive Day
When: Wednesday, 21 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Overview of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006; Super update – latest planning opportunities
Session 2: 11.30am-1.30pm – Taxation Law: Legislation update; Issues relating to the sales of businesses
Session 3: 2.15-4.15pm – Current Issues in Commercial and Retail Leasing; Franchise disputes

Ethics/Trust Accounts/Costs Disclosure CPD Intensive Day
When: Thursday, 22 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Practical Ethics for Lawyers: CPD compliance
Session 2: 11.30am-1.30pm – CPD Compliance for Principals – Risks to your business and associated trust accounting
aspects
Session 3: 2.15-4.15pm – Ethics/Trust Accounts/Costs Disclosure

Workplace Relations CPD Intensive Day
When: Thursday, 22 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Independent Contractors Bill; Unfair dismissal, jurisdictional, procedural and remedial issues
Session 2: 11.30am-1.30pm – Wage Claims and Prosecutions under WorkChoices; Workplace flexibility and discrimination law
Session 3: 2.15-4.15pm – What You Need to Know About WorkChoices When Buying and Selling a Business; Drafting employment contracts under WorkChoices

Practice Management CPD Intensive Day
When: Friday, 23 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – The 12 Tips Every Lawyer Needs to Effectively Market Their Practice; Maximising websites for law firms
Session 2: 11.30am-1.30pm – Alternative Business Structures for Legal Practices
Session 3: 2.15-4.15pm – Surviving Legal Practice; Dealing with difficult client behaviour

Family Law CPD Intensive Day
When: Friday, 23 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Sharing the Care – What’s New in Parental Responsibility
Session 2: 11.30am-1.30pm – Family Court Procedure and Case Flow: What happens after a children’s and property application is issued – a guide for the confused; Current developments in child support
Session 3: 2.15-4.15pm – Current Developments in De Facto Property Law; Binding financial agreements and estate planning

Migration Law CPD Intensive Day
When: Monday, 26 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 8.30-10.45am – Economic Migration Visas – Advanced issues
Session 2: 11am-1.15pm – Managing Difficult Visa Applications
Session 3: 2-4.15pm – Judicial Review
Session 4: 4.30-6pm – Ethics and Professional Practice

CPD Compliance Intensive – Ethics & Trust Accounts
When: Friday, 30 March
Where: Crown Promenade Hotel, 8 Whiteman Street, Southbank
Session 1: 9-11am – Practical Ethics for Lawyers: CPD compliance
Session 2: 11.30am-1.30pm – CPD Compliance for Principals – Risks to your business and associated trust accounting aspects

For CPD Intensive Week inquiries please contact Nicole Greenwell on ph 9607 9469, fax 9607 9404, email cpd-liv@hoomarketing.com.au or see the website at http://www.cpd.liv.asn.au

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