In Brief

News, views, Practice Directions, events, forthcoming national and international conferences, CPD seminars and more …

Supreme Court of Queensland Seminar

The Supreme Court of Queensland Seminar was held on 4 August 2012 to mark the opening of the new Queen Elizabeth II Courts of Law.

 Legalwise Seminars

This November Legalwise Seminars is celebrating our 10th birthday with seminars taking place across Australia. To mark this mildstone we will be donating a proportion of the registration fee from the November seminars to Suicide Prevention Australia.

Gold Coast 10 Points in One Day Seminar

Friday 23 November 2012 – Hilton, Surfers Paradise

Session 1: Estate Planning, Property and Commercial Law

Speakers:

• Christine Smyth, Partner, Robbins Watson Solicitors, Accredited Specialist in Succession Law;
• Douglas Campbell SC, Barrister;
• Kenneth Petty, Partner, Minter Ellison

Session 2: CPD Core Areas

Speakers:

• Steve Blaxland, Barrister;
• Ruth Chowdery, Managing Solicitor, DGT Costs Lawyers;
• Matt Schlyder, CEO, Elliotts

Session 3: Insolvency and PPSA

Speakers:

• Derek Cronin, Partner, Cronin Litigation Lawyers;
• Lynne Walton, DirectorEDX (Qld)

Session 4: Litigation Update

Speakers:

• Ross Lee, Principal, Lee Lawyers;
• Kate Greenwood, Barrister

Securing Access to Land: Rights and Obligations

Tuesday 20 November 2012, Mercure Brisbane

Topics:

• Navigating Indigenous Rights and Interests in Land – Scott Singleton, Partner, Minter Ellison
• Cumulative Management Regime – Kelly McIntyre, Barrister, Queensland Bar
• Conduct and Compensation Agreements – Waanda McCarthy, Lawyer, Shannon Donaldson Province Lawyers
• Land Access for Major Projects – Ben Zillmann, Partner and Tracey Davern, Senior Associate, Allens

Litigating Contract Disputes

Tuesday 20 November, 9.00am to 1.15pm, Mercure Brisbane

Topics:

• Unconscionable Conduct in Commercial Dealings and the Year in Review – Chris Tam, Barrister, Callinan Chambers
• Update on Good Faith – Alicia Hill, Principal, McInnes Wilson Lawyers; Nationally Accredited Mediator and Arbitrator; Accredited Specialist in Commercial Litigation
• Termination and Repudiation – Jennifer Sheean, Barrister, Queensland Bar
• Assessment of Damages for Breach of Contract – John Saunders, Partner, Shand Taylor Lawyers

CPD Core Units for Government Lawyers

Tuesday, 20 November 2012 2.00pm to 5.15pm, Mercure Brisbane

Topics:

• Good Ethical Practice: Special Challenges for Public Sector Lawyers – Peter Bridgman, Barrister, Queensland Bar; Director, Decisive Consultants; co-author The Australian Policy Handbook (2007)
• How to Engage in Effective Interest-based Negotiation – Michael Quinn, Mediation and Training, Dispute Resolution Branch, Queensland Department of Justice and Attorney General; Nationally Accredited Mediator
• Procurement of Legal Services: Managing and Minimising External Legal Costs – Presented by Roger Quick, Principal, QICS Legal Cost Consultants, and Dott Hall, Director, Potent Professionals

 Foreign Investment in Queensland

Tuesday 20 November, 2.00pm to 5.15pm, Mercure Brisbane

Topics:

• Keys to Success in Cross Border Deals – Justin Shmith, Partner, Ashurst
• A Case Study Analysis of FIRB Policy in Practice – Franki Ganter, Partner, Minter Ellison
• Transactions Involving Acquisition of Urban and Rural Land – Brian Noble, Partner, Clayton Utz
• Approvals Involving Investment by State Owned Enterprises (SOEs) – Susan O’Rourke, Partner, and Janelle Moody, Partner, McCullough Robertson Lawyers

Estate Disputes

Wednesday, 21 November 2012 9.00am to 1.15pm, Mercure Brisbane

Will Construction Disputes – Glenn Dickson, Barrister

Testamentary Capacity and Undue Influence – Jeff Otto, Barrister, Queensland Bar

Family Provision Claims by Adult Children – Douglas Murphy SC, Queensland Bar

Charitable Testamentary Gifts – Paul Paxton-Hall, Director, Fox and Thomas

Workers’ Compensation Developments

Wednesday, 21 November 2012 9.00am to 1.15pm, Mercure Brisbane

Topics:

• Liability Since the July 2010 AmendmentsTrent Forno, Partner, Minter Ellison
• Provisions for Psychological Injury in the Workplace – Leanne Smith, Partner, Shine Lawyers
• Quantum since the July 2010 Amendments – Danetta French, Special Counsel, MacDonnells Law
• Workers Compensation: Case Law Review and Current Issues – Scott Falvey, Principal, McInnes Wilson Lawyers

Criminal Law Cases

Wednesday, 21 November 2012 2.00pm to 5.15pm, Mercure Brisbane

Topics:

• Defenses in Drug Cases – Bruce Peters, Principal, Brisbane Drug Crime Lawyers
• Preparation and Limitations of Sexual Assault Cases – Tony Glynn SC, Queensland Bar
• Matters to Consider In Child Exploitation Material Cases – Adrian Braithwaite, Partner, Gilshenan & Luton; Accredited Criminal Law Specialist
• Coercive Investigatory Powers – Alistair McDougall, Barrister, Queensland Bar

CPD Core Units for All Lawyers

Wednesday, 21 November 2012 2.00pm to 5.15pm, Mercure Brisbane

Topics:

• Ethics in ADR and Litigation – Gerard Forde, Barrister, Queensland Bar
• Dealing with Difficult or Unreasonable Clients – Damian Gordon, Barrister, Queensland Bar
• Simple Tips for Increasing Fees and Profits – Dr Peter Lynch, Principal, dci lyncon

Access the full program and registration form here.

Invitation – Asia Pacific Coroners’ Society Conference

On behalf of the Asia Pacific Coroners’ Society, I invite you to attend our annual conference for 2012, from 20 -23 November. The conference itself will be held at the Amora Hotel, Jamison St, Sydney with social events organised at the Opera House and the MCA nearby.

Everyone with an interest in coronial matters is welcome. Coroners and staff, pathologists and other medical experts, minority groups, police, counsellors and lawyers will all, I think, find sessions of interest in the programme. Coronial practice is becoming of increasing interest to our community and attracting more and more media attention, whether we like it or not.

In a civilised society, we are more and more open to comment and scrutiny. It is hoped that this conference will provide  information, workshops and challenges to continue to meet those demands and to treat the dead and the bereaved with the dignity and investigation they deserve.

Magistrate Mary Jerram

State Coroner – New South Wales.

Conference Details

Venue: Amora Jamison Hotel Sydney

Accreditation details: APCS12, 1 CPD point per hour, non — allocated strand

RSVP: http://www.dcconferences.com.au/apcsc/

World Day Against The Death Penalty 2012 Dinner

Date: Friday 12th October 2012

Time: 6.30pm for 7pm start

Venue: Broncos League Club, 98 Fulcher Road, Red Hill Qld 4054

Cost: $80 adult, $70 student/conc., $70 pp for group (table of 10)

Bookings: http://www.stickytickets.com.au/8634

Enquiries & bookings (plus seating/dietary needs):

Please contact Tina at Justine.hampson@gmail.com

The World Game: Sports Law Conference & Tri-State Bar Football Challenge

Saturday 20 October 2012

Sports Law Conference

Venue: Owen Dixon Chambers East, 205 William Street, Melbourne (opposite the Supreme Court)

Chairman: Anthony Lo Surdo SC

Speakers:

• Ian Prendergast, General Manager, Player Relations, AFL Players Association — “Crisis management and players’ rights”
•  Stephen Lee — “Willingness of courts to intervene in the internal management of voluntary sporting associations”
• Chris Nikou, partner, Middletons “Asian Cup 2015”
• Peter Steele, director, Medico Legal Insurance Group
•  Graham Turnbull SC — “When physical contact in sport becomes a crime”

Conference fee: $50 per head (including catering)

Tri‐States Bar Football Challenge

Venue: Darebin International Sports Centre, John Cain Memorial Park, 281 Darebin Road, Thornbury 3071

QUT Comedy Debate

The QUT Law Founders Scholarship Committee and the Law and Justice Alumni Chapter invite you to the eighth annual comedy debate.

Topic

That for lawyers the right bill is more important than a Bill of Rights

Date: Friday 19 October 2012 Time: 5.30pm for 6.00pm Venue: The Gardens Theatre, QUT Gardens Point, 2 George Street Tickets: $50 Public   $20 Student

Ticket Website: http://qutlawdebate2012.eventbrite.com/

Please note that there are no cash facilities available for ticket sales on the night. If you require an invoice, please email lawengage@qut.edu.au

The annual QUT Law and Justice Comedy Debate raises awareness of the QUT Law Founders Scholarship and all profits from the function are donated to the QUT Law Founders Scholarship Fund. The QUT Law and Justice Founders Scholarship provides financial support to law and justice students experiencing significant personal challenges and socioeconomic disadvantage.

Your ticket payment contributes to making these scholarship possible. As part of your registration you can partake of delicious nibbles, chilled Chandon from Moet Hennessy and you may win the door prize (a Merlo Hamper).

 1st Humanitarian Public Law Lawyers’ Conference to Nicaragua

Despite a looming early wet season, various potential transport hurdles and assorted difficulties with conferencing in the developing world, the 1st Humanitarian Public Law Lawyers’ Conference to Nicaragua (19 May — 26 May 2012) went off without a hitch.  Organised locally and approved by the Bar Association of Queensland the conference hosted a mixed group of barristers and solicitors including a number of interstate delegates.  The conference was held at Magnific Rock, Popoyo on the Pacific Coast with day trips to the district capital of Masaya, the local major port of San Juan del Sur (for a dinner with local solicitors, the Mayor, the chief of ports and the local head of Legal Aid) and the nation’s capital, Managua (for dinner with a local district Judge as well as local solicitors). A number of delegates called on the local village Catholic priest in Popoyo and made donations of children’s clothing. Tours of the local district court complex and government buildings were beneficial, as were bi-lingual discussions with local solicitors and Judicial officers.  The Conference was an eye opener to an emerging nation (though one with a 600 year “western” history) which has a surprising amount of social and legal issues that are on all fours with Queensland, and Australia generally. It is hoped another conference will be organised in the future.

Frank Negric, Conference Organiser

ABC Documentary

The ABC recently aired a radio documentary about criminal law barristers, their reflections on their lives and work, including Michael Kirby and Charles Waterstreet. It is available on the website to podcast on the following link: http://www.abc.net.au/radionational/programs/360/wooing-the-jury2c-the-life-of-a-criminal-barrister/4143772

ABA Advanced Trial Advocacy Course: Excellence in Advocacy

21—25 January 2013, Brisbane, Supreme Court of Queensland

This is a course run by the profession for the profession. The skills of a barrister are best learnt in an environment that is as close to the real experience as possible. This involves realistic briefs, proper preparation, and performance in real court settings.

Groups are small and the coach-to-participant ratio is high. Performances are recorded in court and are then reviewed separately by members of the coaching faculty that includes judges, senior members of the Australian and International Bars, and expert performance coaches.

The coaching faculty will include senior Judges, Australian and International counsel, as well as performance and voice coaches with expertise in voice, movement and impact.

This is a residential five day course that will develop your skills as an experienced barrister. The course focuses on developing your strengths in addressing, examining-in-chief and cross-examining.

2013 will see the introduction of a separate criminal brief, along with the current civil brief. You can elect which brief you wish to prepare. Roles for Counsel will be allocated.

Testimonials:

The course was the best advocacy training I’ve ever had. And I have completed a great deal of advocacy training over 22 years. I believe that I am a much better lawyer all round for having completed the course. I’m also enjoying my work a great deal more because I have a good deal more to offer clients as a direct consequence of the things I learned, most for the first time, on the course. Mark Healy

Of all the continuing professional education opportunities available to barristers, as a skills-based course I consider this stands head and shoulders above others. Phil Looney The best thing I have ever done for myself. Anne Gibbons

The course is well run and the method suits the standard for an advanced course. The performance coaches are great as it helps experienced advocates to pay more attention to the style and performance aspects of their advocacy. Kay Chan, Hong Kong Bar

Overall I found the course very beneficial. Positives for me were the opportunities to try different methods of advocacy, the high calibre of the coaches and the real time feedback for the performances. The real benefit of each exercise for me was thinking about the advocacy performance, the actual performance in Court and receiving the feedback from the coaches… I greatly appreciated the brief analysis sessions with the silks. It was an education to see the depth of their thinking about the matter and it is one of the real benefits I have taken from the course… I also note the general positive approach of the coaches which over the course of the week starts to boost one’s self confidence and enthusiasm for work and this became a real benefit to me. The accommodation, meals and venue were all particularly high standard. Michael McCall

I have to say that the course exceeded my expectations. The course was thorough, intensive and comprehensive so that all aspects of working up a case for trial and its presentation were covered. The involvement of the performance coaches added an essential feature often missing from many advocacy courses and materials… The direction given by the legal coaches was faithful, constructive and always helpful. What else could be added to the course? Very little I suspect. When you are on a good thing stick to it. David Bailey

Download the full brochure here.

Download the registration form here.

2013 Constitutional Law Conference and Dinner 

A major conference on constitutional law, the twelfth in a series, will be held at the Art Gallery of New South Wales on Friday 15 February 2013. The event is organised by the Gilbert + Tobin Centre of Public Law with the support of the Australian Association of Constitutional Law.

The conference will focus on developments in the High Court and other Australian courts in 2012 and beyond. The full program for the conference may be accessed here.

The conference will be followed by dinner at NSW Parliament House hosted by New South Wales Attorney-General, the Hon Greg Smith SC. The guest speaker at the dinner will be the Hon Justice Virginia Bell AC of the High Court of Australia.

Definitive legal reference on Expert Evidence adds chapter on Digital Forensics for the first time.

Brisbane, 16 July 2012. A chapter on Digital Evidence has recently been published for the first time by Thomson Reuters in Freckelton & Selby’s “Expert Evidence”, the authoritative text for litigation lawyers, forensic practitioners and experts involved in presenting evidence in a court setting. The inclusion of a chapter on electronic evidence and computer forensics reflects the growing relevance of computer evidence in litigation.

With information of relevance increasingly residing in computers, mobile phones, and online, digital evidence drawn from such devices is central to an increasing number of disputes. Both the wary and unwitting can be caught by the many pitfalls related to utilising such evidence. The Digital Evidence chapter provides insight and guidance as to the practices, limitations and challenges of the field of digital forensics, in order that the legal professional may understand the field enough to effectively engage with the digital forensic expert and effectively employ digital evidence.

The author of the chapter is Dr Bradley Schatz, an internationally recognised authority in the field of digital forensic evidence. The chapter draws upon his experience in interpreting computer evidence and giving expert opinion in a variety of legal contexts. He is the director of the independent digital forensics consultancy Schatz Forensic, and an adjunct Associate Professor at the Queensland University of Technology (QUT).

The chapter is currently available to subscribers of the loose leaf service, online via Westlaw AU and Thomson Legal Online, and will soon be available to purchase individually. Contact Dr Schatz for more information on Digital Evidence and further information regarding the text, Expert Evidence, may be found at http://www.thomsonreuters.com.au/browse/expert-evidence/

Contact: Dr Bradley Schatz Schatz Forensic 0422 949 039 bradley@schatzforensic.com.au http://www.schatzforensic.com.au/

Health Law Research Centre Launch

Guest Speaker: The Hon. Michael Kirby AC CMG, introduced by The Hon. Lawrence Springborg MP, Minister for Health

Date:       Thursday 25th October 2012

Time:     5:00pm for a 5:30pm start

Venue:    Gardens Theatre Foyer, Gardens Point Campus

The Health Law Research Centre was recently established in QUT’s Faculty of Law. It is home to the largest group of health law academics in Australia, and a vibrant community of higher degree research students.

The Centre’s vision is to undertake innovative interdisciplinary research that makes a difference by improving health outcomes and health and legal policy and practice.

For more information about the Centre please visit: www.hlrc.qut.edu.au

Australian Mediation Association Online Training Course

November 2012

Through the advances of technology there now exists the opportunity to obtain the necessary basic process and skill components of mediation training online and become accredited in accordance with the Australian National Mediator Standards. The Australian Mediation Association (AMA) for the first time offers a collaborative, interactive training and learning experience, keeping every participant engaged like never before.

The training course has a strong process and skills development orientation and will address:

• The practical and theoretical skills of mediation
• Increase understanding of issues contributing to conflict
• Dispute Resolution: what is it? The difference between decision making and facilitative problem solving
• Mediation models: types and differences. A proven mediation process adaptable to different types of mediations
• Sound theoretical frameworks in which to embed process and skills
• Identifying the skills associated with the facilitative model
• Communication skills for mediators: LARS: listening, acknowledging, reframing, summarising and questioning
• Practical tools to keep parties focused
• Strategies to generate options and to break impasses
• Develop & implement logical, sustainable agreements
• Personalised feedback from highly skilled mediators

For further information click here .