Program

2015 OFFERMANS PARTNERS
NORTH QUEENSLAND LAW
ASSOCIATION CONFERENCE
28-30 MAY 2015 | HAMILTON ISLAND, GREAT BARRIER REEF, QUEENSLAND
REGISTER NOW – Register online nqla.com.au
PRACTICAL
LEGAL ETHICS
PROFESSIONAL SKILLS
PRACTICE
MANAGEMENT AND
BUSINESS SKILLS
10 CPD
POINTS
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ETHICS AND
PROFESSIONAL
RESPONSIBILITY
PRACTICE MANAGEMENT
AND BUSINESS SKILLS
Bar Association
accreditation code – NQLA15
SUBSTANTIVE LAW,
PRACTICE AND PROCEDURE,
AND EVIDENCE
BARRISTERS’ SKILLS
SPEAKERS INCLUDE
Mr Tim Wilson – Human Rights Commissioner
Major General the Honourable Justice R.R.S. Tracey, AM, RFD –
Major General Army Reserve, President of Defence Force Discipline Appeal Tribunal The Honourable Chief Justice Tim Carmody –
Chief Justice Supreme Court Queensland
The Honourable Justice Tree – Family Court of Australia
His Honour Judge Altobelli – Federal Circuit Court of Australia
His Honour Judge Morzone QC – District Court of Queensland
Mr Timothy North S.C. – Barrister at Law
Mr Peter Callaghan S.C. – Barrister at Law
Mr Shane Doyle QC – President Bar Association Queensland
Mr Geoff Diehm QC – Vice President Bar Association Queensland
Mr Philip Looney QC – Barrister at Law
Mr Roger Traves QC – Barrister at Law
NAMING RIGHTS SPONSOR
Mr Paul McQuade QC – Barrister at Law
Mr Tim Matthews QC – Barrister at Law
Michael Fitzgerald – President, Queensland Law Society
Dr John de Groot – Special Counsel, Accredited Specialist Succession Law
KEY DATES 2015
PLATINUM SPONSORS
Now Registration Open
27 April Early bird registration ends
28 April Standard registration commences
28 May LexisNexis Sunset Welcome Drinks
GOLD SPONSORS
29-30 May NQLA Offermans Partners Conference
31 May Sir George Kniepp Chambers Golf Tournament
An Industry
SuperFund
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SIGNATURE SOCIAL EVENTS
LEXISNEXIS WELCOME DRINKS – Thursday 28 May 2015
The LexisNexis Welcome Drinks is the first networking event of the Conference.
To be held poolside overlooking the famous Catseye Beach, all delegates,
accompanying persons, speakers and sponsors will gather for informal drinks
as part of a warm welcome to what will be a wonderful conference.
Cost: Included in registration fee for delegates
Additional tickets: $20 for guests and accompanying persons
Time: 5.30pm to 6.30pm
Dress: Smart Casual
Where: Poolside (Mainpool area)
DRUNK PIRANHA COCKTAIL PARTY – Friday 29 May 2015
Always a well-attended event, the Cocktail Party will again provide a unique networking
opportunity for delegates, industry associates, accompanying persons and sponsors to share
a drink or two on the Flag and Bommie Deck of the Yacht Club. Canapes and drinks, whilst
watching the sun set over Dent Island, will be on offer. If you do not know what the Drunk
Piranha is you will soon find out. This is a not to be missed networking event.
Cost: Included in registration fee for delegates
Additional tickets: $65 for guests and accompanying persons
Time: Commencing after day 1 concludes at 5.15pm to 8.15pm
Where: Flag and Bommie Deck – Yacht Club
SEAPD FOR BREAKFAST – Saturday 30 May 2015
Perched at the end of Catseye Beach is the Outrigger Marquee which will be the venue
of the SEA(C)PD Breakfast. Whilst enjoying a breakfast by the sea, delegates will be
treated to an interactive panel discusson.
This will be an engaging and lively session for both Barristers and Solicitors.
Compulsory topics which will be explored are as follows:
• Professional Ethics and Responsibility (For the Bar and Solicitors – Compulsory Topic 1)
• Professional Skills (including Advocacy, Practice and Procedure and Evidence for the Bar
[Compulsory Topic 3] and Solicitors [Compulsory Topic 2])
Cost: Included in registration fee for delegates
Additional tickets: Not available – this is a delegate’s only event
Time: 8.15am for 8.30am start
(Note – delegates will be bussed back to the Yacht Club at the conclusion of the event)
Where: Outrigger Marquee (end of Catseye beach)
SIR GEORGE KNIEPP CHAMBERS GOLF TOURNAMENT –
Sunday 31 May 2015
If you are a pro golfer or just like the odd game, you need to ensure you play in the Sir
George Kniepp Chambers Golf Tournament. Your golf experience includes the transfer
from Hamilton Island to Dent Island. You will then be greeted at the Golf Club Jetty and
transferred to the Clubhouse to begin your game.
The golf course on Dent Island is Australia’s only Island Championship Golf Course.
Your fee also includes a shared golf buggy, shared course guide and playing 9 holes of golf.
Time: 8am for island links transfer to Dent Island.
8.30am playing of 9 holes for ferry transfer back at about 10.30am.
Venue: Dent Island
Cost: $110 per person
Dress: There are dress regulations for this event. It is a requirement
that shirts have collars (an exception applies to women’s attire
and shirts that are specifically designed for golf), tailored shorts or
trousers must be worn (denim of any description or board shorts are
not allowed), thongs, sandals or bare feet are not allowed.
COVER
THURSDAY 28 MAY 2015
5.30 –
6.30pm
LEXISNEXIS SUNSET WELCOME DRINKS – Poolside
FRIDAY 29 MAY 2015
8am
8.30am
Coffee served – Yacht Club Foyer
Opening address from the President – Queensland Law Society
Mr Michael Fitzgerald, President, Queensland Law Society
8.50am
Address from Offermans Partners
Mr Michael Brennan, Principal, Offermans Partners
9am
Opening address from the Chief Justice
Chief Justice Carmody, Supreme Court, Queensland
9.25am
PLENARY SESSION 1:
A Century of Military Discipline – Australian Style
Presenter: Major General The Honourable Justice R.R.S. Tracey, AM, RFD Chair:
10.25 –
10.50am
Diane Ruhl, President, NQLA
Morning Tea – Yacht Club Foyer
FAMILY LAW STREAM
LITIGATION STREAM
COMMERCIAL STREAM
Dotting your I’s and
crossing your T’s in Family
Law property settlements
It’s judicial discretion –
but not as we knew it
Retail Shop Leases – Is there
an operable option and, if so,
has it been exercised?
Sponsored by FLPA
Session 1
10.50 –
11.40am
Tax and insolvency implications
in family law disputes.
Mr Gaudion will discuss tax implications
relating to the matrimonial home and
investment properties, and the possible
pitfalls you should be aware of. He will
also provide an easy to understand
explanation of Division 7A and discuss
Taxation Ruling 2014/5, taking a look at
how tax effective outcomes can sometimes
be achieved without needing the family
law rollover provisions.
Mr Offermans will discuss insolvency
implications including jurisdiction, the effect
of bankruptcy on a party(s) and property,
the doctrine of exoneration, trustees
disclaiming onerous property and the
effects of Sections 121 (Transfers to
defeat creditors) and 122 (Avoidance of
preferences) of the Bankruptcy Act 1966.
Presenters:Mr Nick Gaudion,
Director, Cutcher & Neale
Mr Dennis Offermans,
Principal, Offermans Partners
Sponsored by QLS
Judicial discretion is an essential part
of judicial independence, which is in turn
a pillar of our democracy.
For most of us, it is a concept that has been
taken for granted for the duration of our
careers. However, during the first term of
the Newman government, at least 20 pieces
of legislation removed or reduced the scope
of judicial discretion.
Some of these, such as the VLAD, were the
subject of much debate – after they had
passed into law.
It is time to reflect upon the concept
of judicial discretion, and consider the
impact that these and other foreshadowed
developments will have upon our practices.
Speaker:
Mr Peter Callaghan S.C.
The Honourable Justice John
Panel:
Byrne AORFD, Supreme
Court Queensland
Justin Greggery, Barrister at Law
Chair:
Joshua Trevino, Barrister at Law
Chair:
Kate Pateman, Family Law
Practitioners Association,
Regional Committee Member
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Sponsored by IPAC
A paper discussing the necessary
requirements to afford a lessee under
a retail shop lease a real and effective
option for renewal – what are the practical
requirements to be expressed in such a
lease – what happens if the time prescribed
for exercise of such an option lapses? –
how and in what circumstances and by
what language might such a lease be
renewed? – the interaction between the
notice provisions of the Retail Shop Leases
Act 1994 and the operable provisions for
the exercise of an option under a lease of
such premises. The paper is not intended to
give a wide ranging tutorial on the drawing
of commercial leases. The paper will focus
on some very specific terms as to options to
renew such leases and the manner in which
such options can be exercised, commercial
remedies available and arguments which
a commercial lawyer may have in dealing
with a questionable exercise of such option,
whether by reason of a lapse of the time or
by the language employed in the purported
exercise of such an options.
Speaker:
Tim Matthews QC
Chair:
A
ngela Ehsani, Manager,
Law Sector, IPAC
FAMILY LAW STREAM
LITIGATION STREAM
COMMERCIAL STREAM
A consideration of aspects
of the jurisdiction and powers
of the Family Court of Australia
An update on cases
on the Civil Liability Act
Family provision application –
recent developments and trends
Sponsored by FLPA
Session 2
11.40am –
12.30pm
Presenter: Timothy North S.C.
Chair:
Kate Pateman, Family Law
Practitioners Association,
Regional Committee Member
Sponsored by QLS
In this presentation, Mr Grant will present
a round-up of recent cases involving the
Civil Liability Act, with the aid of a friend
from a place from far, far away…
Presenter: Simon Grant, Barrister at Law
The Honourable Justice
Panel:
North S.C., Supreme Court
Queensland, Northern Judge
Mr Anthony W Collins,
Barrister at Law
Chair:
12.30 –
1.20pm
Session
3+4
1.20 – 3pm
The Latest and Greatest
in each Jurisdiction
A look at the most prominent cases over
the last 12 months in the Family Court
and Federal Circuit Court of Australia.
Chair:
Presenter: Dr John de Groot, Special
Counsel, Accredited Specialist
Succession Law, de Groots Wills
and Estate Lawyers
Chair:
Roger Traves QC
H
er Honour Judge Willis,
Federal Circuit Court
Legal professional Privilege
and Without Prejudice Privilege:
scope, exceptions, protection
and waiver
This interactive session will deal with
contemporary issues concerning legal
professional privilege and without
prejudice privilege. Topics will include
the scope of privilege; privilege and in-house
practitioners; privilege in mediations and
exceptions; waiver of privilege by conduct
and inadvertence and protection
of privilege.
Presenters:His Honour Judge Morzone QC,
District Court Queensland
Roger Traves QC
Nicholas Andreatidis,
Barrister at Law
Chair:
Samantha Cohen,
Treasurer, NQLA
3.20 –
4.10pm
This paper will address current costs issues;
claims in large estates; claims in small
estates; estranged applicants; different
types of award and the impact of mediation
in collaborative law approaches.
A
ngela Ehsani, Manager,
Law Sector, IPAC
Lunch – Yacht Club Foyer
Presenters:The Honourable Justice Tree,
Family Court of Australia
His Honour Judge Altobelli,
Federal Circuit Court
3 – 3.20pm
Sponsored by IPAC
The good, the bad and the ugly:
conflict transactions under the
Powers of Attorney Act 1998
Presenter:Naomi de Costa, Special Counsel,
Accredited Specialist Succession
Law, Miller Harris Lawyers
Straddling the public-private
divide in the modern workplace –
online socialising at work
Can email or internet activity be a “private”
activity? When is it going too far? What are
the likely consequences for both employees
and employers?
Presenter: Elizabeth Raper,
Barrister at Law,
Employment Law
Chair:
Spencer Browne,
Committee Member NQLA
Afternoon Tea – Yacht Club Foyer
PLENARY SESSION 2:
The Human Rights of Older Persons – Now & Later
The world’s ageing population has left us with an inescapable demographic destiny. The presentation examines how our laws and
legal system will be affected by this societal shift. It will traverse some of the likely key controversies:
• Administration of justice;
• End of life issues;
• Residential care for older persons with dementia; and • Abuse, exploitation and neglect of older persons.
The paper will consider the need for a Convention on the Rights of Older Persons, a topic currently debated before the United Nations. Presenter: Bill Mitchell, Principal Solicitor, Townsville Community Legal Service Inc.
Chair:
4.10 – 5pm
K
risty Dobson, Vice President, NQLA
PLENARY SESSION 3:
Freedom in Australia: Advancing human rights in the absence of legal protection
Without a Bill or Charter of Rights, Australia faces unique human rights challenges. Commissioner Wilson will explore both
the debates and policy challenges facing Australia. In particular, Commissioner Wilson will outline the best way forward to
advance human rights and freedoms in a culture that value fairness and justice.
Presenter:
Mr Tim Wilson, Human Rights Commissioner
Chair:
5pm
5.15 –
8.15pm
S amantha Cohen, Treasurer, NQLA
Conference close
DRUNK PIRANHA COCKTAIL PARTY – Flag and Bommie Deck, Yacht Club
2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE |
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SATURDAY 30 MAY 2015
8.15am
for
8.30am
start
SEA(C)PD FOR BREAKFAST
Interactive CPD session for both Barristers and Lawyers
Compulsory Topics to be discussed:
• Professional Ethics and Responsibility (For the Bar and Solicitors – Compulsory Topic 1)
• Professional Skills (Advocacy, Practice and Procedure and Evidence for the Bar [Compulsory Topic 3]
and Solicitors [Compulsory Topic 2])
Panel:
The Honourable Justice North S.C.,
Supreme Court Queensland, Northern Judge
His Honour Judge Morzone QC, District Court Queensland
10.30am
10.50 –
11.50am
Shane Doyle QC, President, Bar Association Queensland
Geoff Diehm QC, Vice President, Bar Association Queensland
Philip Looney QC, Barrister, Commercial Law and Practice Management
Delegates return to Yacht Club from Breakfast venue
CPD SENIOR SOLICITORS
CPD BARRISTERS
CPD EARLY
CAREER LAWYERS
Compulsory Topic 3 – Solicitors:
Practice Management and
Business Skills
Compulsory Topics 2 and 4 – Barristers:
Practice Management and Business Skills,
and Barristers Skills
Compulsory Topic 3 – Solicitors:
Practice Management and
Business Skills
Marketing and Business
development in an ever
increasing technological world
Practice Management
and Barristers Skills
How to avoid (or survive)
a career doomsday moment
A presentation detailing business
development and marketing for law
firms with a focus on digital marketing.
Presenter: J arrod Anderson,
Managing Director,
SME Services Group
Presenter: P
hilip Looney QC,
Barrister at Law
Chair:
Janice Mayes,
Barrister at Law
Chair:
Terry Newman,
Newman Family Law
In this session you will gain practical tips
and advice on how to avoid the sinking
feeling moment or how to best handle it
in the event that it happens. Our presenter
will share his pearls of wisdom on time
management, dealing with emails and phone
calls, and file management to assist you in
managing your workload and your personal
wellbeing. The Tristan Jepson Memorial
Foundation best practice guidelines will
also be discussed. Presenter: G
reg Spinda, Partner,
Carew Lawyers
Chair:
Mr Michael Fitzgerald, President,
Queensland Law Society
11.50am –
12.10pm
Short coffee break
FAMILY LAW STREAM
LITIGATION STREAM
COMMERCIAL STREAM
Evidence, Trial Preparation
and Advocacy
Tax Implications in
Commercial Settlements
Personal Properties
Securities Act (PPSA)
Sponsored by FLPA
Session 5
12.10 –
1pm
Our panel will conduct an interactive
discussion concerning evidence,
trial preparation and advocacy in the family law courts.
Presenters:Michael Fellows
Terry Betts
Janice Mayes, Barristers at Law,
Sir George Kniepp Chambers
Sponsored by QLS
Presenter: Mark Robertson QC
Nicholas Andreatidis,
Chair:
Barrister at Law
Chair:
His Honour Judge Coker,
Federal Circuit Court
Sponsored by IPAC
This session will discuss;
a. The Statutory Review of the PPSA, its
objectives, the review process, where
is at now and issues interest groups
have identified with the PPSA and the
registration regime;
b. Other legislation which impacts
on the PPSA regime; and
c. L iens, including solicitors’ liens.
Presenter: Paul McQuade QC
Dan Sampson,
Chair:
Partner, BCK Lawyers
1pm
Conference close – Lunch – Yacht Club Foyer
Afternoon at leisure
6.30 –
10.30pm
AUSCRIPT AUSTRALASIA NQLA SURPRISE EXTRAVAGANZA DINNER
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Auscript Australasia NQLA Surprise Extravaganza
Dinner – Saturday 30 May 2015
This is a “not to be missed” event by the sea. It will be the highlight of the
Conference social program. You will watch the wonder of the Whitsundays
come to life with this dazzling themed dinner. It will be a truly spectacular
seaside dining experience on the shores of Catseye Beach. Pre-dinner
drinks will be served on the lawns overlooking Catseye Beach.
What is the surprise? Come along and see!
Time: 6.30pm – 10.30pm
Venue: Bougainvillaea Marquee (Resort Side)
Cost: $150.00 per person
Dress: Cocktail / Semi-formal
GETTING THERE
By Air – Virgin Australia and Jetstar fly direct
to Hamilton Island from Sydney, Brisbane and
Melbourne. Qantas also operates from Sydney
and Qantas-link from Cairns.
By Car – The NQLA has secured a corporate rate for
delegates and their partners on the ferry operated
by Cruise Whitsundays to Hamilton Island. To
obtain this rate ($51.00 each way per person)
when contacting Cruise Whitsundays to book your
ferry you must provide to them the promotion
code which is NQLA15. If you do not mention this
code you will not receive the discount. You can
contact Cruise Whitsundays on (07) 4846 7000
and look at their website for more information:
cruisewhitsundays.com.
REGISTRATION
ACCOMODATION
ADDITIONAL ACTIVITIES
Registration for the 2015 Offermans Partners
NQLA Conference is an online process. If you
cannot register online and require a hardcopy
registration form please contact our President,
Diane Ruhl – president@nqla.com.au.
Registration fees for the 2015 Offermans
Partners NQLA Conference are as follows:
The NQLA has been able to negotiate a
discounted rate for delegates and speakers
at the Reef View Hotel. The Reef View Hotel
represents the ultimate in 4 star resort living.
The Reef View Hotel overlooks Catseye Beach
and is central to all conference venues including
the Yacht Club.
Upon registration an email will be sent with the
booking accommodation form, where you can
complete your details and send the document
via email to Hamilton Island to secure a room
and receive the discounted rate.
If you are choosing to stay elsewhere we
suggest you contact Hamilton Island via email
to groups@hamiltonisland.com.au and advise
that you are part of the North Queensland Law
Association Conference. Hamilton Island will help
you find accommodation suitable to your needs.
Hamilton Island has more than 60 activities
to choose from, with sports, adventures, and
experiences for every interest and energy level.
You should visit the activities website to see the
full range of activities and to pre-book with the
tour desk: hamiltonisland.com.au/things-to-do.
Pre bookings for certain activities are a good idea.
Member – 2 Day Registration
Earlybird 2-day
(on or before 27 April 2015)
$950
(including GST)
Standard 2-day
(after 28 April 2015)
$1050
(including GST)
Non member – 2 Day Registration
Earlybird 2-day
(on or before 27 April 2015)
$1150
(including GST)
Standard 2-day
(after 28 April 2015)
$1250
(including GST)
2015 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE |
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NAMING RIGHTS SPONSOR
PLATINUM SPONSORS
The NQLA gratefully
acknowledges its sponsors
GOLD SPONSORS
An Industry
SuperFund
WELCOME DRINKS SPONSOR
COCKTAIL PARTY SPONSOR
EXTRAVAGANZA DINNER SPONSOR
GOLF TOURNAMENT SPONSOR
REGISTRATION OPEN NOW
Register online nqla.com.au
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