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CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME Keeping up to date with the latest legal and professional developments lawsocietywa.asn.au SEPTEMBER TO DECEMBER 2018

CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

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Page 1: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

CONTINUING PROFESSIONALDEVELOPMENT PROGRAMME

Keeping up to date with the latestlegal and professional developments lawsocietywa.asn.au

SEPTEMBER TO DECEMBER 2018

Page 2: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd 1

Unlimited live seminars*Face-to-face | live streamed webinars

Unlimited eLearning seminars*Access 24/7 | wherever you choose

A library of seminar papers*Free to download

CPD FREEDOM* Only $600 or $300

Does your professional development offer FREEDOM?

Because your time is important !

For full details and how to purchase, please visit lawsocietywa.asn.au/cpdfreedom

* TERMS, FEES, CONDITIONS AND EXCLUSIONS APPLY. INC GST.

Page 3: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd 1

Thanks to our CPD partner

The Law Society is delighted to present to you the 2018 September to December Continuing Professional Development (CPD) programme. Our CPD programme is carefully designed to support education of the Western Australian legal profession all year round. To support you in an environment of rapid change and digital disruption, the Education Committee works closely with the Law Society’s specialist committees, external stakeholders and leaders in their field to identify and develop relevant and engaging content for our CPD programme. This programme is the result.

As the representative body of the legal profession and a not-for-profit organisation, the Law Society’s focus is to provide an outstanding educational experience tailored to the needs of local practitioners. Our seminars, workshops and forums are informative and practical, providing you with information for your day-to-day practice, as well as meaningful networking opportunities. We take a multi-platform approach to legal education and in addition to face-to-face seminars, we offer webinars - sessions that can be accessed live online - as well as online education through our eLearning platform. All channels allow you to obtain high quality CPD seminars, and all ten points, wherever and whenever you like.

If you haven’t already heard about our new CPD Freedom membership, you don’t want to miss out. CPD Freedom provides excellent value for money, allowing practitioners to complete their CPD requirements for a single flat fee of $600* or $300* for Restricted practitioners. To find out more, please visit lawsocietywa.asn.au/cpdfreedom

Finally, thank you to all our eminent speakers who bring this programme to life through their skills, enthusiasm and knowledge, generously shared with the Western Australian legal profession. As the peak professional body, the Law Society remains your original, and the best, partner in professional development. When you purchase a CPD seminar from the Law Society, the money stays within the profession, helping to deliver on and improve our CPD programme, as well as to further our advocacy and community work.

Accept no less – choose the Law Society as your partner in CPD.

Hayley Cormann

President The Law Society of Western Australia

For over 90 years, the Law Society of Western Australia has connected the Western Australian legal profession and worked to inspire and engage trusted advisers across all areas of law, and across disciplines and industries that intersect and engage with the law. We have worked especially hard in our 91st year to leverage our history and experience to enhance our engagement with the current and emerging generation of leaders in private practice and the bar, with Government, and with other professional associations that serve the law and justice sector. This is reflected in the decision-makers, departments and agencies, chambers, firms, and even new associations eager to support our profession and to partner with us through presenting for or learning from our CPD programme. We are proud of our success as a peak body in binding together a profession that is increasingly disparate and fragmented, around a common interest in the law and in learning.

The rigour we apply to actively consult with and adapt to our audiences and their evolving priorities is a central part of our commitment to supporting your professional development. We reach out to thought leaders, so that we can meet your requirements to be more informed, engaged and flexible with your learning and compliance. Our Member Dashboard delivers a comprehensive record of all your learning with us. CPD Freedom gives you the freedom to engage and choose from a comprehensive training menu for one low and

certain price. Through our support of lawyers across many generations, our professional development programmes also pioneered continuing legal education in this state and applies its carefully calibrated formula of high quality professional education with opportunities to connect with each other. The programme continues to innovate by embracing emerging topics and issues and sharing ideas in an open and accessible way. Through seminars held at the Law Society’s training room on St George’s Terrace, via our live streaming webinars, or through eLearning any time of the day, we are delighted to include and actively support country lawyers, outer metropolitan lawyers, newer lawyers, and those in smaller and boutique practices. Our CPD partner legalsuper has supported our endeavours and we appreciate its ongoing sponsorship and commitment.

Finally, in developing our flagship peer-to-peer learning programme, I thank the Education Committee for its guidance and my extraordinary professional development colleagues Dr Andrew Lu OAM, Carmen Maughan, Lauren Carr and Natalie O’Dwyer for their commitment and pursuit of excellence.

Áine WhelanGeneral Manager Programmes The Law Society of Western Australia

From the Law Society

The Law Society of Western Australia

Phone: (08) 9324 8600 | Fax: (08) 9324 8699Email: [email protected] | Website: lawsocietywa.asn.au

*Terms, conditions and exclusions apply.

Unlimited live seminars*Face-to-face | live streamed webinars

Unlimited eLearning seminars*Access 24/7 | wherever you choose

A library of seminar papers*Free to download

CPD FREEDOM* Only $600 or $300

Does your professional development offer FREEDOM?

Because your time is important !

For full details and how to purchase, please visit lawsocietywa.asn.au/cpdfreedom

* TERMS, FEES, CONDITIONS AND EXCLUSIONS APPLY. INC GST.

Thanks to our CPD partner

Page 4: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

2 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

SEPTEMBER–DECEMBER 2018

CONTINUING PROFESSIONAL DEVELOPMENT CALENDAR

OCTOBER 2018

SEPTEMBER 2018

Wednesday, 5 September

4.30pm – 6.30pm | Page 4

Criminal Property Confiscation

Thursday, 6 September

9.00am – 10.00am | Page 4

Disclosure Obligations and Consequences of Non-disclosure in Family Court proceedings

Monday, 10 September

3.00pm – 5.00pm | Page 4

Elder Law and Succession: Conflicts of interest and testamentary capacity

Tuesday, 11 September

4.00pm – 5.00pm | Page 5

The Rise of the Sleeping Giant – Community consultation in the Land Development Industry

Thursday, 13 September

9.00am – 11.00am | Page 5

Effective Techniques for Drafting Affidavits

Thursday, 13 September

5.30pm – 7.00pm | Page 5

Mental Health Hypothetical

Friday, 14 September

1.00pm – 2.00pm | Page 6

Ethics on Friday: Rules of Conduct (Webinar)

Wednesday, 19 September

12.30pm – 2.00pm | Page 6

Current Issues Affecting the

Not-for-profit Sector

Wednesday, 26 September

2.00pm – 5.00pm | Page 6

Elder Abuse and the Family

Thursday, 27 September

4.00pm – 5.00pm | Page 7

The Australian Banking Industry: How did we get here?

Wednesday, 3 October

1.00pm – 2.00pm | Page 7

Secure Data Erasure and Wireless Security (Webinar)

Wednesday, 3 October

4.00pm – 6.00pm | Page 7

Respectfully Disagreeing with the ATO in Relation to Tax Disputes

Tuesday, 9 October

12.30pm – 2.00pm | Page 8

Reaching Inwards and Outwards: Connecting your way to wellbeing

Wednesday, 10 October

5.30pm – 7.00pm | Page 8

Fostering Healthy Relationships

with the Bench

Thursday, 11 October

8.30am – 12.30pm | Page 8

Contract Law Masterclass

Friday, 12 October

12.30pm – 2.00pm | Page 9

Ethics on Friday: Ethical issues in representing alleged perpetrators of family and domestic violence

Monday, 15 October

12.30pm – 2.00pm | Page 9

Setting Aside Domestic and International Commercial Arbitration Awards

Tuesday, 16 October

4.00pm – 5.00pm | Page 9

What is Unique about the Government Contract?

Wednesday, 17 October

9.00am – 10.00am | Page 10

Recent Developments in Legislative Drafting

Thursday, 18 October

8.30am – 12.00pm | Page 10

Property Law Update

Monday, 22 October

1.00pm – 2.00pm | Page 10

Avoiding Common Pitfalls in Will Drafting (Webinar)

Wednesday, 24 October

4.00pm – 5.00pm | Page 11

Legal Costs

Thursday, 25 October

4.30pm – 6.00pm | Page 11

Non-linear Legal Careers

NOVEMBER 2018

Wednesday, 7 November

9.00am – 10.30am | Page 11

Legal Project Management Essentials

Thursday, 8 November

9.00am – 10.00am | Page 12

Risk Management for Family Lawyers

Friday, 9 November

1.00pm – 2.00pm | Page 12

Ethics on Friday: Disclosure Obligations to the Board

Page 5: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd-seminars CALENDAR 3

ANYTIME CPD WITH

NOVEMBER 2018 Continued

LAW WEEK SPECIAL CPD DAY FOR

Friday, 17 May 2019

To register your expression of interest please email [email protected]

RURAL, REGIONAL AND REMOTE LEGAL PRACTITIONERS

Save the Date

Monday, 12 November

1.00pm – 2.00pm | Page 12

Creating the Optimal General Counsel / Outside Counsel Relationship (Webinar)

Tuesday, 13 November

8.30am – 12.30pm | Page 13

Leading in Law - Leading through persuasive influence

Wednesday, 14 November

9.00am – 11.00am | Page 13

Strata Titles Act & Community Title Schemes

Wednesday, 14 November

1.00pm – 2.00pm | Page 13

Creating and Managing Precedents (Webinar)

Wednesday, 14 November

4.00pm – 5.00pm | Page 14

ASIC Series - Enhancing Australia’s Statutory Whistleblower Regime

Thursday, 15 November

3.00pm – 5.00pm | Page 14

Superannuation and Estate Planning

Wednesday, 21 November

5.30pm – 7.00pm | Page 14

A View from the Bench

Wednesday, 28 November

4.30pm – 6.00pm | Page 15

Looking to America: Lessons for a Western Australian Mental Health Court

Thursday, 29 November

3.00pm – 5.00pm | Page 15

Managing a Peak Performing Team: Motivate, Engage and Deliver Outstanding Results

“Nobody told me there’d be days like these!” - Stress, Pressure & Ethical Decision-Making in the Practice of Law | Page 16

When There’s a Knock on the Door - unannounced visits from the ATO or ASIC | Page 16

Asset Protection in the Family Court | Page 16

How to Avoid Becoming a Target for Claims | Page 17

Jump Start your Digital Marketing | Page 17

Caveats | Page 17

Appearing in SAT | Page 17

Ethics on Friday: Misleading conduct | Page 18

The impact of culture on ethical behaviour | Page 18

An Introduction to Drafting Wills | Page 18

Drafting Settlement Offers and Deeds | Page 18

Page 6: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

4 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

Member - $230 | Non-member - $315 | CPD Freedom - $0

Member - $125 | Non-member - $200 | CPD Freedom - $0

Wednesday, 5 September4.30pm – 6.30pmCriminal Property ConfiscationChair: The Hon Justice Jeremy AllansonSupreme Court of Western Australia

Michael SeamanDeputy Counsel & Coordinator WA, SA & NT, Criminal Assets Litigation, Australian Federal Police

Criminal Law The Australian Federal Police utilise the Proceeds of Crime Act 2002 (Cth)(POCA) to recover the proceeds of crime and to disrupt criminal activity, particularly organised crime. The POCA enables the AFP to restrain (freeze) property in civil proceedings on the basis of a reasonable suspicion of criminal offending. POCA proceedings however can be conducted in the absence of criminal charges or a criminal conviction. This seminar will provide an explanation of the practical operation of the POCA along with information regarding third party interests and the position of persons who are not respondents but required to comply with POCA investigations including examinations.

Level: Intermediate

Disclosure is one of the most important issues in litigation and the approach taken of both the instructing solicitor and the litigant to their respective disclosure obligations is often a key factor in the ultimate success, or demise of a case.

This seminar will move through a number of the key issues concerning disclosure:

• a brief analysis of the authorities relied upon• an update on the more weird and wonderful (and not

so well-known) authorities that can be of significant assistance

• case developments as to disclosure in both Family Law and other jurisdictions

• the revolution of e-discovery and its consequences• making and responding to disclosure requests• utilising Notices to Admit and Notices to Produce

Level: Intermediate

When conducting litigation, lawyers have obligations to avoid conflicts of interest, but also need to keep costs down. This seminar will examine how to reconcile these competing obligations in light of the recent family law provision case of Miller v Taylor. When preparing wills, lawyers have obligations when their clients have questionable capacity. The seminar discusses their extent, including whether or not to obtain medical evidence and how much weight to place on it.

Level: Advanced

1 point, Competency 4, Substantive Law

2 points, Competency 4, Substantive Law

Monday, 10 September3.00pm – 5.00pmElder Law and Succession: Conflicts of interest and testamentary capacityChair: Michael BowyerPrincipal Legal Officer, Public Trustee

Christopher Shanahan SCBarrister, Murray Chambers

Cathy DonaldsonSenior Legal Officer, Legal Profession Complaints Committee

Elder Law

Thursday, 6 September9.00am – 10.00amDisclosure Obligations and Consequences of Non-disclosure in Family Court proceedingsChair: Sam FaheyPrincipal, Paterson & Dowding; Accredited Family Law Specialist

Denby KerrDirector, Kerr Fels; Accredited Family Law Specialist

Family Law

Member - $230 | Non-member - $315 | CPD Freedom - $0

1 point, Competency 4, Substantive Law

This seminar is approved for 1 Family Law Specialist Accreditation point

Succession Law

1 point, Competency 3, Ethics and Professional Responsibility

* This seminar is also being streamed as a webinar. To register please visit lawsocietywa.asn.au/cpd-seminars

Page 7: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 5

Tuesday, 11 September4.00pm – 5.00pmThe Rise of the Sleeping Giant – Community consultation in the Land Development IndustryChair: Glen McLeodPrincipal, Glen McLeod Legal, Adjunct Professor - Murdoch University

Paul McQueenPartner & General Counsel, Lavan

Property This seminar will focus on the emergence of power associated with community interests as part of the development assessment process. The legislative starting point is a system where there are no third party appeal rights in Western Australia. Despite lack of rights vested in the community, in respect of planning decisions, the emergence of communities’ influence in recent years has seen several successful judicial review applications in the Supreme Court. This momentum is starting to gain traction with decision makers and also those that are charged with the responsibility of planning reform. The premise of the seminar and associated discussion will be as with Gulliver’s Travels, the need to deal with the rising giant, lest the possible destruction of meritorious planning proposals.

Level: Intermediate

Affidavits and witness statements are the evidence in chief of a witness and a valuable means to present evidence to court. Their form and content are governed by rules of evidence and rules of court. The skill of drafting admissible and relevant affidavits and witness statements is of fundamental importance. It facilitates effective litigation and supports the efficient administration of justice. This blended workshop, led by experienced practitioners, will revisit the Rules of the Supreme Court 1971 and key evidentiary principles, examining how and why a Court might favourably exercise its discretion in common interlocutory applications. Delegates will get practical tips, insights and examples to aid in effective drafting techniques

Level: Intermediate

A senior panel will discuss diverse issues that arise from various scenarios prepared for this hypothetical. Discussions include coverage of ethical dilemmas that affect young lawyers, as well as the prevalence and management of depression in the workplace. This engaging panel will also explore ways to deal with real issues facing lawyers including stress, depression, addictions and maintaining perspective. Be part of the conversation and hear from The Hon Justice Joe McGrath, Supreme Court of Western Australia, Libby Fulham, Executive Director, Legal Practice Board of Western Australia and Tim Houweling, Director, Cornerstone Legal.

Refreshments provided.

Level: General

Thursday, 13 September5.30pm – 7.00pmMental Health HypotheticalChair: The Hon Justice Joe McGrathSupreme Court of Western Australia

Libby FulhamExecutive Director, Legal Practice Board of Western Australia

Tim HouwelingDirector, Cornerstone Legal

Charmaine TsangPartner, Lavan

Cassandra PatersonLitigation Manager, Legal Profession Complaints Committee

Ethics & Professional Responsibility

Thursday, 13 September9.00am – 11.00amEffective Techniques for Drafting Affidavits Dr Pat SaraceniDirector, Litigation and Dispute Resolution, Clifford Chance

Fiona LowLecturer, School of Business & Law, Edith Cowan University

Litigation

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $180 | Non-member - $265 | CPD Freedom - $0

Member - $230 | Non-member - $315 | CPD Freedom - $0

Mental Health & Wellbeing

1.5 points, Competency 3, Ethics and Professional Responsibility

2 points, Competency 2, Professional Skills

Planning

1 point, Competency 4, Substantive Law

Special Price: Members less than 5 years practising - $125

Page 8: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

6 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $185 | Non-member - $270 | CPD Freedom - $0

Friday, 14 September1.00pm – 2.00pmEthics on Friday: Rules of ConductTim HouwelingDirector, Cornerstone Legal

The Australian Solicitor Conduct Rules are being developed by the Law Council of Australia and have already been adopted by a number of States including South Australia, Queensland, New South Wales and the ACT. As we move to a national profession, it is expected that Western Australia will adopt these rules at some future point. Mr Houweling will introduce the Australian Solicitor Conduct Rules and compare them to the Legal Professional Conduct Rules that have been adopted through regulation in Western Australia. Increasingly legal ethics are reduced to codes of conduct and prescriptive ethical rules. Legalising ethical rules can shift the focus of attention to a strict interpretation of the meaning of the words within an ethical rule as opposed to focusing on professional conduct.

Level: General

More than ever, not-for-profit organisations need good legal advice (often in a pro bono capacity) as it continues to face numerous challenges including reduced funding, calls for consolidation and an increased regulatory burden. This important seminar tackles these issues head on as we hear from Murray Baird, Assistant Commissioner of the Australian Charities and Not-for-profits Commission and board director with lots of not for profit experience Cav. Maria Saraceni, Barrister & Director, Law Access.

A light lunch will be provided.

Level: General

Wednesday, 19 September12.30pm – 2.00pmCurrent Issues Affecting the Not-for-profit SectorChair: Dylan SmithExecutive Officer, Fremantle Foundation

Murray BairdGeneral Counsel & Assistant Comissioner, Australian Charities and Not-for-profits Commission

Cav. Maria SaraceniBarrister; Director, Law Access Ltd

Taxation Law

Member - $347 | Non-member - $430 | CPD Freedom - $0

1.5 points, Competency 4, Substantive Law

1 point, Competency 3, Ethics and Professional Responsibility

Ethics & Professional Responsibility

Charities Law

Special Price: Members less than 5 years practising - $90

Wednesday, 26 September2.00pm – 5.00pmElder Abuse and the FamilyChair: Professor Robyn CarrollUWA Law School; Deputy Chair, Academic Board, University of Western Australia

Philippa RezosLaw Complaints Officer, Legal Profession Complaints Committee

Justin StevensonDirector Civil Law Division, Legal Aid Western Australia

Devin SanghaviAssociate Director, Klimek & Wijay Family Lawyers; Accredited Family Law Specialist

Family Law Elder abuse is a significant issue and yet exploitative or abusive conduct often takes place within the family - whether it is inheritance impatience leading to financial abuse, neglect, or the improper control of decision making. Lawyers who advise families must bear in mind the particular professional, legal and ethical obligations when taking instructions from or on behalf of older people. An accredited family law specialist, the Law Complaints Officer, family law academic and former State Administrative Tribunal Member, and other experienced voices, discuss current issues relating to elder abuse in the context of families.

Afternoon Tea will be provided.

Level: Advanced

1 point, Competency 3, Ethics and Professional Responsibility

2 points, Competency 4, Substantive Law

Elder Law

Ethics and Professional Responsibility

Special Price: Members less than 5 years practising - $90

Special Price: Members less than 5 years practising - $166

WEBINAR

Page 9: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 7

Wednesday, 3 October4.00pm – 6.00pmRespectfully Disagreeing with the ATO in Relation to Tax DisputesChair: Jocelyne BoujosPartner, Sceales

Annette MorganDirector, Curtin Tax Clinic; Lecturer, Faculty of Business and Law, Curtin University

Antony BarrierSenior Associate, Munro Doig

Donovan CastelynPrimary Supervisor, Curtin Tax Clinic; Associate Lecturer, Faculty of Business and Law, Curtin University

Catherine WillisAssistant Commisioner, Australian Tax Office

This 2 hour seminar will look at practical issues people have encountered in dealing with the Australian Taxation Office (ATO) of late, practical approaches to disputing an assessment with the ATO, and a review of the ATO’s new strategies to resolve disputes for small business taxpayers. Disputes are an inevitable part of taxation, which seem to be on the rise and achieving the best possible outcome of a dispute is key for all parties involved. Find out how best to exercise taxpayer’s rights in a robust yet respectful way when engaging with the ATO to obtain the best outcomes for all involved.

Level: Intermediate

Taxation Law Dispute Resolution

2 points, Competency 4, Substantive Law

When it comes to exposure of personal data, people tend to imagine Vitamin D-deficient cybercriminals flogging bank details hacked from someone’s account. However, each day, people sell or disclose their most personal information for minimal economic gain. Dr Patryk Szewczyk will discuss a 5 year project based on purchasing and forensically examining second hand storage devices. In this talk, Patryk will highlight the types of data recovered and the poor cyber security practices end-users are engaging in. Patryk will also show how thousands of Perth users connected to his experimental Wi-Fi network, and undertook confidential online transactions – disregarding the lack of security or explicit warnings that were in place.

Level: General

Wednesday, 3 October1.00pm – 2.00pmSecure Data Erasure and Wireless SecurityChair: Áine WhelanGeneral Manager Programmes, The Law Society of Western Australia

Dr Patryk SzewczykLecturer, School of Science, Edith Cowan University

Practice Management Professional Skills

0.5 point, Competency 1, Practice Management

0.5 point, Competency 2, Professional Skills

The Royal Commission into Banking and Financial Services has certainly uncovered poor and unethical behaviour by our Banks and Major Financial Institutions. We have also been provided with insight into the inner workings of Australia’s largest bank, Commonwealth Bank of Australia (CBA), following the Australian Prudential Regulation Authority’s (APRA) recent report into its culture and leadership. We will hear from Paul O’Farrell of Quadrant Advisory as he shares his thoughts and predictions of the potential effects from the Royal Commission and the learnings for all companies from APRA’s report.

Level: General

Thursday, 27 September4.00pm – 5.00pmThe Australian Banking Industry: How did we get here?Chair: Angelina GomezCounsel, Clifford Chance

Paul O’FarrellManaging Director, Quadrant Advisory

Banking

0.5 point, Competency 3, Ethics and Professional Responsibility

0.5 point, Competency 4, Substantive Law

Commercial

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $230 | Non-member - $315 | CPD Freedom - $0

Member - $125 | Non-member - $200 | CPD Freedom - $0

Special Price: Members less than 5 years practising - $90

Special Price: Members less than 5 years practising - $166

WEBINAR

Page 10: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

8 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

Socrates knew a great deal of things and he wasn’t wrong when he stated that humans need to get to ‘know thyself’. Our relationship with ourselves is the foundation that everything else in our lives rests on including mental wellbeing and connecting with the people around us. In this seminar, the engaging Dr Marny Lishman will help you explore some big questions including:

• Where do we start when we get to adulthood with our layers of fears, unhelpful thinking and other people’s expectations?

• Who can we turn to in our professions to facilitate this connection with ourselves?

• What can we start doing today to move onto this pathway?

Don’t miss this seminar; and start connecting better with yourself and those around you more often.

A light lunch will be provided.

Level: General

Tuesday, 9 October12.30pm – 2.00pmReaching Inwards and Outwards: Connecting your way to wellbeingChair: Emma Griffiths-BlacklowPrincipal, Asociatii Commercial Lawyers

Dr Marny LishmanHealth Psychologist

Practice Management

Mental Health & Wellbeing

1.5 points, Competency 1, Practice ManagementMember - $192 | Non-member - $277 | CPD Freedom - $0

Member - $180 | Non-member - $265 | CPD Freedom - $0

Judges and lawyers are faced with an increasing number of cases to resolve, ever-changing legislation, and intense media scrutiny. These factors all place pressure on participants in court proceedings. Under these pressures, judges and lawyers are expected to act with civility towards each other. Judges are required to display a demeanour that eschews rudeness and bullying, qualities that perhaps marked the behaviour of some judges in past generations. In light of the pressures inherent in the court system, the boundaries of civility are frequently tested. This seminar brings together experienced judges, counsel and experts in HR and psychiatry to discuss fostering healthy relationships with the bench in light of the requirement of civility in an adversarial system.

Level: General

Wednesday, 10 October5.30pm – 7.00pmFostering Healthy Relationships with the BenchChair: David BladesBarrister, Perth Chambers

His Honour Chief Judge SleightDistrict Court of Western Australia

Dr Matthew Collins QCPresident, Victorian Bar

Dr Nathan GibsonChief Psychiatrist of Western Australia

Professor Maryam OmariExecutive Dean, School of Business and Law, Edith Cowan University

Thursday 11 October8.30am – 12.30pmContract Law MasterclassJeffrey GoldbergerSpecial Counsel, Norton Rose Fulbright

This advanced 4 hour contract law masterclass is aimed at practitioners with over five years’ experience. It will assist you to keep abreast of the latest developments in contract law, develop your technical skills and enable you to provide more effective solutions for your clients. This practical, interactive workshop will include an overview of recent key developments in contract law, indemnities & guarantees and exclusion clauses and financial caps. The Law Society is delighted to present Jeffrey Goldberger, a nationally respected contract law specialist from Sydney, to present this very special masterclass.

Masterclass format:

Part 1: The Year In Review• The principles of contract interpretation• Issues in contract formation• Bank guarantees and performance bonds• Termination of contract and the ipso facto legislative reforms• Statutory unconscionable conduct in commercial transactions• The unfair contract terms regime

Part 2: Indemnities and Guarantees• Nature of a contractual indemnity• Indemnities and guarantees: the difference• Establishing the scope of an indemnity: causal triggers• Subrogation and contribution

Part 3: Exclusion clauses and financial caps• Drafting exclusion and limitation of liability clauses. Avoiding the traps.• The exclusion of liability for negligence• The exclusion of remedies for breach of contract• Carve-outs from a liability cap

Morning tea provided.

Level: Advanced

Member - $420 | Non-member - $505 | CPD Freedom - $0

Contract Law

Ethics and Professional Responsibility

Mental Health & Wellbeing

1.5 points, Competency 3, Ethics and Professional Responsibility

3.5 points, Competency 4, Substantive Law

Special Price: Members less than 5 years practising - $125

Special Price: Members less than 5 years practising - $125

Page 11: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 9

Family lawyers are frequently advising on cases involving allegations of family and domestic violence against clients. This seminar examines how to be effective advocates without colluding with perpetrators including:

Understanding the family and domestic violence dynamic• The pattern of coercive control

• Legislative definitions as informed by social science

• National Domestic and Family Violence Bench Book

• Do we (or the Courts we serve) have an unspoken idea of an ideal victim?

• Perpetrator accountability as a policy objective

Our duties as officers of the Court• Procedural justice

• Testimonial justice

• How a perpetrator may groom their lawyer

• Avoiding collusion in systems abuse

Mitigating the client’s risk• Proofing your client and supporting witness

• Reality testing

• Identifying when the client is minimising

A light lunch will be provided

Level: Intermediate/Advanced

Friday, 12 October12.30pm – 2.00pmEthics on Friday: Ethical issues in representing alleged perpetrators of family and domestic violenceChair: Michael Berry SCBarrister, John Toohey Chambers; Accredited Family Law Specialist

Lara AnstiePartner, Clairs Keeley Lawyers

1.5 points, Competency 3, Ethics and Professional Responsibility

This seminar is approved for 1.5 Family Law Specialist Accreditation points.

Ethics and Professional Responsibility

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $192 | Non-member - $277 | CPD Freedom - $0

Monday, 15 October12.30pm – 2.00pmSetting Aside Domestic and International Commercial Arbitration AwardsChair: Simon BellasPartner, Jones Day

Nunzio Lucarelli QCBarrister, Aickin Chambers, Melbourne

The use of domestic and international arbitrations in commerce is growing exponentially. One of the key areas of complaint as to the conduct of domestic and international commercial arbitrations is that a party has not been afforded procedural fairness or that there has been a breach of the rules of natural justice in the conduct of the arbitration. Several recent significant cases have examined the legislative framework for the setting aside of domestic and international commercial arbitration awards in circumstances where parties have complained that they have not been afforded procedural fairness or that there has been a breach of the rules of natural justice. This seminar examines the relevant legislative framework and the recent cases.

A light lunch will be provided.

Level: Intermediate

Contract Law

1.5 points, Competency 4, Substantive Law

Member - $192 | Non-member - $277 | CPD Freedom - $0

Consider unique aspects of government contracts that advisers to both government agencies and the private sector should be aware of. Like humans and chimpanzees, 98% of contractual DNA is shared between contracts involving a government party and those involving no government party. The principles of offer, acceptance and consideration apply to the same extent when one party is a government agency. In the residual 2% lie risks and opportunities for both parties. Speakers will address the sources of and limits on the government’s contracting power, the nature of government entities and who can bind the government, the peculiar nature of grants and public utilities and the principle that contracts cannot fetter executive or legislative action.

Level: Intermediate

Tuesday, 16 October4.00pm – 5.00pmWhat is Unique about the Government Contract?Chair: Pamela HassGeneral Counsel, Legal Services, Department of Jobs, Tourism, Science and Innovation

Simon ThackrahSenior Lawyer, Legal & Legislative Services, Department of Communities

Professional Skills

0.5 point, Competency 4, Substantive Law

0.5 point, Competency 2, Professional Skills

* This seminar is also being streamed as a webinar. To register please visit lawsocietywa.asn.au/cpd-seminars

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10 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

Join the Australian First Parliamentary Counsel Peter Quiggin PSM as he discusses recent developments in legislative drafting at the Commonwealth level. Also hear from Parliamentary Counsel of Western Australia Mr Geoff Lawn as he provides an update on drafting and access to legislation matters in the state of Western Australia.

Level: General

1 point, Competency 4, Substantive Law

Wednesday, 17 October9.00am – 10.00amRecent Developments in Legislative DraftingChair: Fiona LowLecturer, School of Business & Law, Edith Cowan University

Peter Quiggin PSMFirst Parliamentary Counsel, Office of Parliamentary Counsel

Geoff LawnParliamentary Counsel, Parliamentary Counsel’s Office WA

Legislation

Member - $125 | Non-member - $200 | CPD Freedom - $0

Thursday, 18 October8.30am – 12.00pmProperty Law UpdateSusan DukesCommissioner of Titles, Landgate

Angella ChickExecutive Manager Practitioner Services WA, PEXA

Luis PadillaGeneral Manager – Affinity, Jardine Lloyd Thompson Australia

A must for lawyers practicing in property, this session will cover working with Landgate, an update from PEXA and cyber risk.

Working with Landgate• Hints for plans, land titles registration and our online

resources

PEXA Update• Latest updates and releases from PEXA• Tips and tricks for transacting online• Moving forward towards 1 December compliance

date and beyond

Cyber risk management for property lawyersIn light of the recent PEXA fraud, cyber risk is of utmost importance to property lawyers and conveyancers. Join our panel comprising of PEXA, an IT expert and a cyber insurance broker, for a discussion on the risks involved in electronic conveyancing, other cyber risks, insurance and risk mitigation.

Level: Intermediate

This webinar will explore not only problems that may arise in Will drafting, but also provide tips and provisions that should be included to ensure the Willmaker has a properly drafted and appropriate Will including:

• The fact find – getting the right information• Ensuring the Willmaker has testamentary capacity• What the Will can and can’t deal with• Common drafting mistakes and issues• Future proofing the Will• Does the Will simplify or complicate the administration

of the Estate?• Minimising the risk of a Family Provision Act claim or

other action

Book now to gain practical tips in navigating correct and appropriate Will drafting.

Level: General

Monday, 22 October1.00pm – 2.00pmAvoiding Common Pitfalls in Will DraftingJanene BonAssociate Director, HHG Legal

Property

1 point, Competency 4, Substantive Law

WEBINAR

Member - $347 | Non-member - $430 | CPD Freedom - $0

Member - $125 | Non-member - $200 | CPD Freedom - $0

Wills & Probate

3 points, Competency 4, Substantive Law

Special Price: Members less than 5 years practising - $90

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Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 11

Wednesday, 7 November9.00am – 10.30amLegal Project Management EssentialsTodd HutchisonChairman, International Institue of Legal Project Management; Adjunct Associate Professor, Edith Cowan University

Legal Project Management has become a global trend in enabling alternate fee arrangements, leveraging technology and bringing greater efficiencies and effectiveness to legal matter management.

Lawyers leading legal matters are effectively legal project managers, however the need to take a more formal project approach to law practice enables better technology enablement, process improvement and stakeholder engagement.

This seminar will provide insights into:• what legal project management comprises;• the key functions of legal project management;• how its approach helps improve legal matter planning

and execution;• why it enables alternate fee arrangements; and• key tools and processes for assuring success.

Legal project management has become a worldwide trend, and is helping law firms become more competitive, and acceptable and adaptive to change.

Level: General

Practice Management

This seminar will address changes to the Supreme Court Practice Directions and the Costs Determinations which impact on practice in the Supreme and District Courts. Judicial comment in recent cases has also made important changes to the way in which costs should be disclosed, claimed, calculated and justified. Learn about the drivers for changes to the Supreme Court Determination and practice directions, with an emphasis on Family Provision Act claims. In addition gain practical tips about current costs practice and take the opportunity to ask questions of people who make decisions regarding the Determinations.

Level: Intermediate

Wednesday, 24 October4.00pm – 5.00pmLegal CostsChair: David BrunsBarrister, Francis Burt Chambers

Clare ThompsonBarrister, Francis Burt Chambers

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $180 | Non-member - $265 | CPD Freedom - $0

Costs

1 point, Competency 4, Substantive Law

Significant shifts and consolidation in the legal profession mean that a degree in law no longer leads to guaranteed careers in private practice. The traditional and linear path of articles or graduate entry employment in a law firm, and making partner, is no longer the definition of success in the law. Nor is that traditional path still available as firms deleverage and automate. Current and next-generation lawyers recognise that legal training and experience can be a foundation for more entrepreneurial pursuits but what does career disruption mean when it happens mid-career? Join us as we learn from diverse experiences of our panel, including a government lawyer turned technology entrepreneur, solicitor turned legal academic, barrister and former politician, and solicitor turned company director and venture capitalist.

Refreshments provided.

Level: General

Thursday, 25 October4.30pm – 6.00pmNon-linear Legal CareersChair: Chris BatesManaging Director, KBE Human Capital

Tim HammondBarrister, Central Law Chambers; former Member for Perth

Dr Andrew Lu OAMPartner, HBA Legal; Company Director

Sarah MateljanDirector LawCPD / CourseGenius

Kate OfferLecturer & Director of Disruption, Law School, The University of Western Australia

Practice Management

1.5 points, Competency 1, Practice Management

1.5 points, Competency 1, Practice Management

Special Price: Members less than 5 years practising - $90

Member - $185 | Non-member - $270 | CPD Freedom - $0

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12 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

This seminar will explore the intersection of disclosure obligations to the LPB with a LPCC investigation and/or disciplinary proceedings. It considers the impact of a failure to disclose, noting the LPB’s guidelines on disclosure. If relevant to the conduct being investigated and if not disclosed, and under guidelines possibly should have been disclosed, then is there an obligation on the LPCC to disclose to the LPB.

Our speakers will also discuss:• Disclosure and mitigation• Responsive Regulatory outcomes• LPCC’s Disciplinary Guidelines• The Committee’s Mental Health Protocol• Confidentiality and/or Suppression• The Committee’s powers• Working with mentors• SAT process

A light lunch will be provided.

Level: General

Friday, 9 November1.00pm – 2.00pmEthics on Friday: Disclosure Obligations to the BoardChair: Patricia Le MiereMember, State Administrative Tribunal

Philippa RezosLaw Complaints Officer, Legal Profession Complaints Committee

Paul Yovich SCBarrister, Francis Burt Chambers

Ethics & Professional Responsibility

1 point, Competency 3, Ethics and Professional Responsibility

Member - $125 | Non-member - $200 | CPD Freedom - $0

Member - $192 | Non-member - $277 | CPD Freedom - $0

Recent profiling of Law Mutual (WA) claims has shown there has been a gradual increase in claims in the area of family law. This seminar provides an overview of the most common family law claims seen over recent policy years and provides practical insights into how you can identify the risks, and implement controls to manage the risks to minimise the chance of receiving a professional indemnity claim.

* This seminar is approved for the purposes of Law Mutual Risk Management training.

Level: Intermediate

Thursday, 8 November9.00am – 10.00amRisk Management for Family LawyersChair: Daniel LoreckDirector, DCH Legal; Accredited Family Law Specialist

Vicki ColesManager-Risk, Law Mutual (WA)

Practice Management

Member - $125 | Non-member - $200 | CPD Freedom - $0

1 point, Competency 1, Practice Management

This seminar is approved for 1 Family Law Specialist Accreditation points

As we approach the end of 2018, the size of in-house legal departments across Australia and around the rest of the world continues to grow unabated. But this labour arbitrage approach to legal services can often result in an imbalance. A corporation is out-of-balance when its legal service needs are not aligned with the skills and costs of its providers (both internal and external), resulting in corporations over-paying for legal services or underutilizing internal legal skills which then adversely affects the job satisfaction and engagement of those on the internal legal team. At the same time, outside legal providers are often given RFPS with open-ended questions about “innovation” or “value-adds” which neither themselves, nor the client, really know how to answer. It’s time for a new paradigm; a new relationship between client and supplier that benefits both fairly and equally. This webinar will discuss how to create a better, more productive and more satisfying client/supplier relationship.

Level: General

Monday, 12 November1.00pm – 2.00pmCreating the Optimal General Counsel / Outside Counsel RelationshipChair: Nathan HepplePartner, HBA Legal

Mitchell E. KowalskiBarrister and Solicitor, Gowling WLG Visiting Professor in Legal Innovation, University of Calgary Law School

Author of:

The Great Legal Reformation, Notes from the Field

Avoiding Extinction: Reimagining Legal Services for the 21st Century

WEBINAR

1 point, Competency 1, Practice Management

Practice Management

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Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 13

Member - $420 | Non-member - $505 | CPD Freedom - $0

Tuesday, 13 November8.30am – 12.30pmLeading in Law - Leading through persuasive influenceLiz McCoyFounder & Director, Leadership Zone

Welcome to the world of persuasive influence. A large part of your leadership skill and expertise comes down to your ability to influence others, for example, sharing the vision for a new project, planning your business direction, or defining culture and workplace behaviours.

This seminar is a great opportunity to meet our guest speaker Liz McCoy, Founder and Director of Leadership Zone. No matter where you are in your professional career, Liz McCoy’s skills can help you build on your capacity to influence and connect with people. You will leave this seminar with tips on how to be more proactive as an influencer and hence more successful as a professional and leader.

Morning Tea will be provided.

Level: General

Professional Skills Communication

1 point, Competency 1, Practice Management

3 point, Competency 2, Professional Skills

Member - $125 | Non-member - $200 | CPD Freedom - $0

Law firms have changed a lot over the years, but one thing that hasn’t changed is the importance of effective precedent creation and management. From the perspective of a lawyer and a Knowledge Manager, this seminar will take you through steps towards best practice. Lauren Kollosche will cover:

• Creating precedents and associated tools• Best practice principles to apply to precedents• Developing systems to maintain and retrieve

precedents easily• Third party products available • Risk management considerations

Level: General

Wednesday, 14 November1.00pm – 2.00pmCreating and Managing PrecedentsChair: Carmen MaughanSenior Professional Development Officer, Law Society of Western Australia

Lauren KolloscheProfessional Support Lawyer, Herbert Smith Freehills

WEBINAR

1 point, Competency 2, Professional Skills

Member - $230 | Non-member - $315 | CPD Freedom - $0

Wednesday, 14 November9.00am – 11.00amStrata Titles Act & Community Title Schemes Chair: Denis McLeodPartner, McLeods

His Honour Judge David ParryDeputy President, State Administrative Tribunal

Sean MacfarlaneSenior Lawyer, Strata Reform, Landgate

Vince McMullenDirector, Strategy and Engagement, Department of Planning, Lands & Heritage

The Strata Titles Amendment Bill 2018 and the Community Titles Bill 2018, introduced into Parliament in June 2018 and likely to commence operation in 2019, are two very substantial pieces of legislation, likely to have significant impacts for legal, planning, property and other related practitioners in WA. Presenters, who have have intimate knowledge of the practical application of the new laws, will provide an overview of both Bills and also:

• Leasehold strata schemes• Termination of strata schemes• Planning and development framework for strata,

survey-strata, leasehold strata schemes and termination of strata schemes

• Planning and development framework for Community Schemes, including explanation of ‘Community Development Statements’ and interrelationship of Community Titles Schemes with planning instruments and approvals

Level: Advanced

Property Planning

2 points, Competency 4, Substantive Law

Professional Skills

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14 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

This seminar provides a great opportunity for junior practitioners to receive practical advice on appearing before the Supreme, District and Magistrates Courts and the State Administrative Tribunal. Highly experienced speakers will provide advice on general conduct in the courts; expectations of junior lawyers; insights into conducting pre-trial processes; and necessary documents for submission. Hear directly from members of the Judiciary as to the main Dos and Don’ts for court appearances. There will be facilitated Q&A time at the end of the seminar where attendees will have the chance to draw on the knowledge of the experienced Judicial speakers.

Refeshments provided.

Level: General

Wednesday, 21 November5.30pm – 7.00pmA View from the BenchChair: His Honour Judge Christopher Kendall Federal Circuit Court of Australia

His Honour Chief Kevin Judge SleightDistrict Court of Western Australia

Principal Registrar StrkSupreme Court of Western Australia

Magistrate Deen PotterMagistrates Court of Western Australia

Maurice SpillaneSenior Member, State Administrative Tribunal

Professional Skills

1.5 points, Competency 2, Professional Skills

Member - $125 | Non-member - $200 | CPD Freedom - $0

1 point, Competency 4, Substantive Law

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 is set to consolidate and enhance Australia’s statutory whistleblower regime. The reforms seek to improve protections for whistleblowers in corporate and financial sectors, which have existed in a more limited form since 2004, and to provide protections for tax whistleblowers, which have not previously existed in statute. Reforms will offer challenges to corporations, including providing increased impetus to the establishment of internal whistleblower policies.

This seminar will look at key changes including: • repealing provisions across several acts that

previously dealt inconsistently with corporate and financial sector whistleblowers, and consolidating the various regimes into the Corporations Act

• enhancing the penalties for contraventions of whistleblower protections;

• allowing protections for anonymous disclosures• providing for an ‘emergency disclosure’ to a member

of Parliament or a journalist in specified circumstances

Level: Intermediate

Wednesday, 14 November4.00pm – 5.00pmASIC Series - Enhancing Australia’s Statutory Whistleblower RegimeChair: Carolyn MossBarrister, Francis Burt Chambers

Grant MoodieSpecial Counsel, Chief Legal Office, ASIC

Corporate Financial Services

Member - $180 | Non-member - $265 | CPD Freedom - $0

Special Price: Members less than 5 years practising - $125

Member - $230 | Non-member - $315 | CPD Freedom - $0

Australia’s superannuation laws are constantly changing and this is a significant consideration not only for those trusted advisers to individuals, businesses and families, but also for lawyers who are planning for their own futures. What are some of the recent key changes that may have the most significant impact on administering existing self-managed super funds, and those intending to establish one? Recent developments in regulation of self-managed superannuation funds and opportunities for those advising on superannuation will be shared from two perspectives - a respected legal adviser, and a certified financial planner.

Level: Intermediate

Thursday, 15 November3.00pm – 5.00pmSuperannuation and Estate PlanningChair: David AndrewManaging Director, Capital Partners Private Wealth

Chris HoganPrincipal, Chris Hogan & Co

James McLeodPrincipal, Capital Partners Private Wealth

Superannuation Estate Planning

2 points, Competency 4, Substantive Law

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Register online at lawsocietywa.asn.au/cpd-seminars SEMINARS 15

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Thursday, 29 November3.00pm – 5.00pmManaging a Peak Performing Team: Motivate, Engage and Deliver Outstanding Results Shona RowanInternational Speaker, Performance Consultant and Coach

This is a highly interactive workshop which equips managers with a toolkit of practical strategies to motivate, engage and deliver outstanding results. Each manager will leave the session with a clear understanding of how to build and manage a peak performing team, and with a step-by-step plan of attack to maximise their team’s performance. Some of the topics covered during the session include: coaching skills, delivering effective feedback, understanding what motivates different team members and the powerful link between mind-set, behaviour and results. Hear from Shona Rowan who is a peak performance consultant, inspirational speaker and trained psychologist who has spent over 15 years working with organisations across a range of sectors, including the legal profession, to maximise performance and accelerate success.

Level: General

Member - $230 | Non-member - $315 | CPD Freedom - $0

Practice Management

2 points, Competency 1, Practice Management

Hear Magistrate Felicity Zempilas from Perth’s Mental Health Court, Start Court, present on her learnings from a recent Churchill Fellowship study tour to the USA to study mental health courts. San Francisco and Seattle, with established and burgeoning homeless populations, have had mental health courts in operation for nearly 20 years and been very innovative in how they connect with participants. Following the Fellowship, Start Court began to further examine how it operates and for whom, so it can practically deliver better outcomes for its participants and the community as a whole. It hopes to adapt and refine its own model and share this experience with other therapeutic courts in Australia. Magistrate Zempilas is joined by Dr Adam Brett, psychiatrist attached to Start Court, who accompanied her on visits to courts in two US cities.

Level: General

Wednesday, 28 November4.30pm – 6.00pmLooking to America: Lessons for a Western Australian Mental Health Court Chair: Mara BaroneBarrister, Francis Burt Chambers

Magistrate Felicity ZempilasPerth Magistrates Court

Dr Adam BrettConsultant Pyschiatrist, Perth Magistrates Court

Criminal Law

Member - $180 | Non-member - $265 | CPD Freedom - $0

1.5 points, Competency 2, Professional Skills

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It’s not rocket science, and yet it happens, a lot, even to our own friends and colleagues

This engaging, highly interactive seminar provides a fresh and practical perspective on the fundamental question, “Why do ‘good’ lawyers ‘go bad’?”

Most serious legal malpractice claims and successful disciplinary actions are brought not for debatable violations of arcane, ambiguous, provisions of the Professional Conduct Rules, but in fact for clear breaches of obvious, well-defined ethical obligations (don’t take money from the client trust account, don’t sleep with the client you are representing in an ongoing divorce proceeding, be candid with the court).

Based on an original short film, written and co-produced by Michael Kahn and Chris Osborn, this seminar explores the intersection of ethical decision-making and the manifold sources of stress encountered by lawyers in day-to-day practice.

Level: General

The Australian Tax Office and ASIC have wide information gathering powers, including the power to search a law office as part of its investigations. Do you know what to do when the ATO seeks to exercise its powers?

Learn how a lawyer should respond if the ATO or other Commonwealth authority or regulator (such as the AFP, or ASIC) comes knocking in search of client information at your premises.

Level: Intermediate

When There’s a Knock on the Door - unannounced visits from the ATO or ASICChair: Jocelyne BoujosPartner, Sceales

Clare ThompsonBarrister, Francis Burt Chambers

Tamasin JonkerBarrister, Francis Burt Chambers

“Nobody told me there’d be days like these!” - Stress, Pressure & Ethical Decision-Making in the Practice of LawMichael Kahn JDCo-Founder, ReelTime CLE, USA

Chris Osborn JDCo-Founder, ReelTime CLE, USA

Ethics & Professional Responsibility

Member - $199 | CPD Freedom - $30

Member - $199 | CPD Freedom - $30

Commercial

2 points, Competency 4, Substantive Law

1 point, Competency 2, Professional Skills

1 point, Competency 3, Ethics and Professional Responsibility

Litigation Taxation Law

In terms of the orders that it can make, many people consider the Family Court to be the most powerful court in Australia.

This seminar will consider the question of whether assets can be protected, either before or after separation, from a Family Court division of property and will be relevant for both family and non-family lawyers alike.

This seminar considers:• the treatment of discretionary trusts in the Family Court• the treatment of trusts in general in such as

testamentary trusts and unit trusts• how the Family Court deals with offshore assets• is it possible to “Family Court Proof” a trust or asset

or financial arrangement? Can you at least mitigate the risk?

• Binding Financial Agreements: are they watertight?

Level: Intermediate

Asset Protection in the Family CourtChair: Trevor O’SullivanPartner, O’Sullivan Davies

John ButlerPrincipal, Butlers

Member - $99 | CPD Freedom - $30

Family Law

1 point, Competency 4, Substantive Law

16 eLearning SEMINARS

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This session presents a way of approaching underlying causes of professional liability claims and will help inform risk management priorities, policies and work practices. If you have never had a claim made against you, how do you know whether this is a result of good luck or good practice? There are many potential risks in legal practice so it’s important to focus your investment of time and effort for claims prevention. The session is suitable for all practitioners and will provide research based insights into patterns of claims causation common to all practice areas. It will enable you to better assess the effectiveness of your current approaches to preventing claims and identify opportunities to reduce your exposure.

Level: General

Digital Marketing is an essential consideration when trying to establish a new business or grow an existing one. From the smallest of service providers through to the largest of practices, a considered strategy can be the difference between business growth and stagnation. The focus of the topic, “Jump-Start Your Digital Marketing,” is to provide you with a deeper understanding of the digital landscape, an understanding of the primary tools available and some guidance on when and how to employ them to maximise your outcomes.

Level: General

Practice Management

Practice Management

How to Avoid Becoming a Target for ClaimsChair: Vicki ColesManager - Risk, Law Mutual (WA)

Ronwyn NorthManaging Director, Streeton Consulting Pty Ltd

Jump Start your Digital MarketingEvan Dela-GrammaticasSenior Digital Advisor, Bonfire

Member - $99 | CPD Freedom - $30

1 point, Competency 1, Practice Management

1 point, Competency 1, Practice Management

Member - $99 | CPD Freedom - $30

The use of caveats may raise professional ethics issues as well as legal issues. A recent decision by the State Administrative Tribunal found the lodging of a caveat without there being a caveatable interest to be professional misconduct on the part of the lawyer. Join us for a refresher on caveats and caveatable interests as the speakers explore the relevance of caveats in family law proceedings including inappropriate use. The seminar concludes with a panel discussion, including an opportunity for questions.

Level: General

Family Law

CaveatsChair: Gary ThomasPartner, Tottle Partners

Anthony DavisSenior Associate, Tottle Partners

Kym KerrPartner, Mills Oakley

Member - $99 | CPD Freedom - $30

1 point, Competency 4, Substantive Law

Property Law

Appearing in SAT comprises of three elements:

• An overview of the operation of the State Administrative Tribunal with reference to practical questions such as the onus of proof; the standard of proof; and general procedures

• Specific attention paid to the way in which the State Administrative Tribunal deals with expert evidence, conferral of witnesses and concurrent evidence, and how this is viewed by experts and practitioners

• Recent case law and important decisions arising from the respective jurisdictions of the State Administrative Tribunal considered

A senior practitioner who regularly appears in the State Administrative Tribunal joins Dr De Villiers to comment and add perspectives to what has been said. This seminar is aimed at a wide spectrum of practitioners, including those who have not appeared in the State Administrative Tribunal and those who appear regularly.

Level: General

Administrative Law

Appearing in SATChair: Fiona VernonBarrister, Francis Burt Chambers

Dr Bertus De VilliersMember, State Administrative Tribuna

1.5 points, Competency 4, Substantive Law

Litigation

Member - $149 | CPD Freedom - $30

Register online at elearning.lawsocietywa.asn.au SEMINARS 17

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The Legal Profession Complaints Committee sees a number of complaints arising from misleading conduct by lawyers towards clients, the court, colleagues or the general public. Misleading conduct can range from ‘innocent’ or ‘inadvertent’ to ‘deliberate’ or ‘conscious’ – the latter being at the high end of dishonesty.

Misleading behaviour include:• oral and written legal submissions• affidavits and witness statements• communication with opponents, clients and the court• advertising, marketing and promotion

Level: General

There is a crisis of culture, or “culture shocks” occurring in various industries, including financial services, retail and start-ups. This has attracted the attention of regulators, legislators and other stakeholders. This seminar examines what culture actually is, explores the legal and general risks arising from poor culture, and considers the steps that can be taken to address this.

Level: General

Commercial

Ethics & Professional Responsibility

Ethics on Friday: Misleading conductChair: The Hon Justice McGrathSupreme Court of Western Australia

Cassandra PatersonManager, Litigation, Legal Profession Complaints Committee

Geoff AbbottBarrister, Francis Burt Chambers

The Impact of Culture on Ethical BehaviourAdam LevinePartner, K&L Gates

Member - $149 | CPD Freedom - $30

Member - $149 | CPD Freedom - $30

One of the most important and exacting documents a lawyer can be called upon to draft is a will. Susan Fielding, an undisputed leader in this area, provides an introduction in drafting wills and all the matters which need to be considered in relation to the will.

The making of a will can be divided into four sections:• Taking instructions & initial advice• Drafting the will• Executing the will• The care and custody of the will.

This seminar will cover each of those areas in detail.

Level: General

Wills & Probate

An Introduction to Drafting WillsSusan FieldingSpecial Counsel, Jackson McDonald

Member - $199 | CPD Freedom - $30

1.5 points, Competency 4, Substantive Law

Ethics & Professional Responsibility

Drafting settlement offers and deeds can be deceptively complicated with traps for even the most experienced practitioners. Settlement deeds are often drafted in a rush relying on standard precedent clauses without proper consideration of the individual circumstances of the settlement. This can lead to unintended consequences if the deed is subsequently scrutinised and exposed to a professional negligence claim.Drafting settlement offers and deeds addresses the above concerns including:

• best practice tips on drafting settlement offers, common mistakes and how to avoid them

• the pros and cons of Order 24A v Calderbank offers • drafting to ensure your client obtains the full costs benefits of the

settlement offer• legal principles regarding the interpretation of settlement deeds

by courts

Level: General

Litigation

Drafting Settlement Offers and DeedsChair: John FioccoBarrister, Fourth Floor Chambers

Gregory PyntBarrister, Francis Burt Chambers

1.5 points, Competency 3, Ethics and Professional Responsibility

1.5 points, Competency 3, Ethics and Professional Responsibility

0.5 point, Competency 3, Ethics and Professional Responsibility

1.5 points, Competency 2, Professional Skills

Member - $149 | CPD Freedom - $30

18 eLearning SEMINARS

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20 CPD EDUCATION PROGRAMME SEPTEMBER–DECEMBER 2018

In today’s world it’s essential we are...

InformedBe the first in the know by having exclusive access to

Brief and e-newsletters

eLearning – online learning in your own time

Social media – keeping members informed everyday

CPD Freedom – unlimited live seminars*

VisibleRepresentation through

constituent membership of the Law Council of Australia

Strong advocacy to influence law reform and public policy

30+ specialist committees

Professional events and business development

opportunities

ConnectedOver 4,000 members

Find a Lawyer referral service – connecting your practice to the community

Mentoring programmes for careers development

and networking

RelevantAccess to Professional

Standards Scheme*

Professional indemnity cover with Law Mutual WA

Become accredited through various programmes (Quality

Practice Standard and Accredited Family Law

Specialists)

Health and wellbeing resources through

LawCare WA

P: (08) 9324 8692 | E: [email protected] | W: lawsocietywa.asn.au

Your

essentialmembership

the power connecting you

*Conditions apply

EVENTS CONNECTING YOU IN THE PROFESSION

Be inspired and informedParticipate in our educational and special interest events which aim to provide the profession with high quality and engaging content from well-respected speakers. Key highlights include:

• Sole Practitioner and Small Firm Forum Three events per year. Free for members

• Welcome to the Profession Breakfast November 2018

• Social Justice Career Opportunities Evening. Free for members

Connect and socialiseThe Law Society hosts a range of events throughout the year to create an environment for engagement and the development of new networks within the profession. Key highlights include:

• Society Sundowner Three events per year. Free for members

• End of Year Celebration Thursday, 6 December 2018

• Inter-profession Networking hosted by the Young Lawyers Committee

Be supported through LawCare WALawCare WA, the Law Society’s wellbeing and resilience programme, has a holistic approach to wellbeing and resilience. In addition to a member assistance programme, employee relations advice line and mentoring programmes, the Law Society hosts wellbeing events to promote health and encourage balance. Key highlights include:

• Pilates classes supported by HBF 2 courses per year. Free for members

• Mixed Netball Tournament hosted by the Young Lawyers Committee Friday, 9 November 2018

• Mixed Beach Volleyball Tournament hosted by the Young Lawyers Committee March 2019

Page 23: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

In today’s world it’s essential we are...

InformedBe the first in the know by having exclusive access to

Brief and e-newsletters

eLearning – online learning in your own time

Social media – keeping members informed everyday

CPD Freedom – unlimited live seminars*

VisibleRepresentation through

constituent membership of the Law Council of Australia

Strong advocacy to influence law reform and public policy

30+ specialist committees

Professional events and business development

opportunities

ConnectedOver 4,000 members

Find a Lawyer referral service – connecting your practice to the community

Mentoring programmes for careers development

and networking

RelevantAccess to Professional

Standards Scheme*

Professional indemnity cover with Law Mutual WA

Become accredited through various programmes (Quality

Practice Standard and Accredited Family Law

Specialists)

Health and wellbeing resources through

LawCare WA

P: (08) 9324 8692 | E: [email protected] | W: lawsocietywa.asn.au

Your

essentialmembership

the power connecting you

*Conditions apply

Page 24: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

LSWA_A4_V2_OL_FA.indd 1 7/8/18 2:50 pm

Page 25: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

CPD REGISTRATION FORMSEPTEMBER–DECEMBER 2018

GUIDE: M = Member, NM = Non-Member, LTM = Legal Trainee/Support Staff (Members), LTNM = Legal Trainee/Support Staff (Non-Members), SP = Special Price (Members less than 5 years practising) CPD = CPD Freedom Member

DATE EVENT M NM LTM LTNM SP CPD

SEPTEMBER 2018

Wednesday, 5 September Criminal Property Confiscation $230 $315 $112 $187 N/A $0

Thursday, 6 SeptemberDisclosure Obligations and Consequences of Non-disclosure in Family Court proceedings

$125 $200 $60 $125 N/A $0

Monday, 10 SeptemberElder Law and Succession: Conflicts of interest and testamentary capacity

$230 $315 $112 $187 N/A $0

Tuesday, 11 SeptemberThe Rise of the Sleeping Giant – Community consultation in the Land Development Industry

$125 $200 $60 $125 N/A $0

Thursday, 13 September Effective Techniques for Drafting Affidavits $230 $315 $112 $187 N/A $0

Thursday, 13 September Mental Health Hypothetical $180 $265 $85 $170 $125 $0

Friday, 14 September Ethics on Friday: Rules of Conduct (Webinar) $125 $200 $60 $125 $90 $0

Wednesday, 19 September Current Issues Affecting the Not-for-profit Sector $185 $270 $90 $175 N/A $0

Wednesday, 26 September Elder Abuse and the Family $347 $430 $170 $245 N/A $0

Thursday, 27 SeptemberThe Australian Banking Industry: How did we get here?

$125 $200 $60 $125 N/A $0

OCTOBER 2018

Wednesday, 3 October Secure Data Erasure and Wireless Security (Webinar) $125 $200 $60 $125 $90 $0

Wednesday, 3 October Respectfully Disagreeing with the ATO in Relation to Tax Disputes $230 $315 $112 $187 $166 $0

Tuesday, 9 October Reaching Inwards and Outwards: Connecting your way to wellbeing $192 $277 $97 $182 $125 $0

Wednesday, 10 October Fostering Healthy Relationships with the Bench $180 $265 $85 $170 $125 $0

Thursday 11, October Contract Law Masterclass $420 $505 $215 $290 N/A $0

Friday, 12 OctoberEthics on Friday: Ethical issues in representing alleged perpetrators of family and domestic violence

$192 $277 $97 $182 N/A $0

Monday, 15 October Setting Aside Domestic and International Commercial Arbitration Awards $192 $277 $97 $182 N/A $0

Tuesday, 16 October What is Unique about the Government Contract? $125 $200 $60 $125 N/A $0

Wednesday, 17 October Recent Developments in Legislative Drafting $125 $200 $60 $125 N/A $0

Thursday, 18 October Property Law Update $347 $430 $170 $245 N/A $0

Monday, 22 October Avoiding Common Pitfalls in Will Drafting (Webinar) $125 $200 $60 $125 $90 $0

Wednesday, 24 October Legal Costs $125 $200 $60 $125 N/A $0

Thursday, 25 October Non-linear Legal Careers $185 $270 $90 $175 $90 $0

NOVEMBER 2018

Wednesday, 7 November Legal Project Management Essentials $180 $265 $85 $170 N/A $0

Thursday, 8 November Risk Management for Family Lawyers $125 $200 $60 $125 N/A $0

Friday, 9 November Ethics on Friday: Disclosure Obligations to the Board $192 $277 $97 $182 N/A $0

Monday, 12 November Creating the Optimal General Counsel / Outside Counsel Relationship (Webinar) $125 $200 $60 $125 N/A $0

Tuesday, 13 November Leading in Law - Leading through persuasive influence $420 $505 $215 $290 N/A $0

Wednesday, 14 November Strata Titles Act & Community Title Schemes $230 $315 $112 $187 N/A $0

Wednesday, 14 November Creating and Managing Precedents (Webinar) $125 $200 $60 $125 N/A $0

Wednesday, 14 November ASIC Series - Enhancing Australia’s Statutory Whistleblower Regime $125 $200 $60 $125 N/A $0

Thursday, 15 November Superannuation and Estate Planning $230 $315 $112 $187 N/A $0

Wednesday, 21 November A View from the Bench $180 $265 $85 $170 $125 $0

Wednesday, 28 November Looking to America: Lessons for a Western Australian Mental Health Court $180 $265 $85 $170 N/A $0

Thursday, 29 November Managing a Peak Performing Team: Motivate, Engage and Deliver Outstanding Results $230 $315 $112 $187 N/A $0

Total Amount Payable (Prices are GST Inclusive)Please complete your personal and payment details on the registration form overleaf. $ ______________________________________________

Page 26: CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME · Register online at lawsocietywa.asn.au/cpd 1 Thanks to our CPD partner The Law Society is delighted to present to you the 2018 September

Title: Mr Mrs Ms Miss Mx N/A Other (please specify) Membership No:

Given Name: Family Name:

Preferred Name: Date of Birth: DD/MM/YYYY

Qualifications:

Admission Date: DD/MM/YYYY

HOW TO REGISTER

FAX: (08) 9324 8699

MAIL: The Law Society of Western Australia PO Box Z5345, Perth WA 6831 (DX 173 PERTH)

EMAIL: [email protected]

ENQUIRIES: (08) 9324 8640

IN PERSON: The Law Society of Western Australia, Level 4, 160 St Georges Terrace Perth WA 6000

ONLINE: lawsocietywa.asn.au/cpd

This is my preferred mailing address (please tick)

Home Address:

Suburb: State: Postcode:

Phone: Mobile:

This is my preferred mailing address (please tick)

Position Title:

Organisation Name:

Suburb: State: Postcode:

Phone: Fax:

Please supply two email addresses to receive important membership information and news. This will ensure we can contact you should you change employers.

Primary Email: Secondary Email:

PERSONAL DETAILS

PERSONAL CONTACT DETAILS

PROFESSIONAL CONTACT DETAILS

EMAIL ADDRESS

PAYMENT DETAILS (Please note – payment must be received prior to the event)

Visa Mastercard AMEX Cheque (Payable to ‘The Law Society of Western Australia’)

Card Number: Expiry Date:

Cardholder’s Name: CVV:

Cardholder’s Signature: Date:

I have read and agree to the Terms and Conditions below

Name: Date:

Total Amount Payable: $

LAW SOCIETY OF WA (INC) COLLECTION NOTICE: The Law Society collects the personal information contained in this form pursuant to the provisions of the Privacy Act, 1988, the Australian Privacy Principles/APP. The information is collected by the Law Society to enable it to deal with the matters the subject of this form and to provide its services and benefits (and the benefits and services of the Law Council of Australia) to its members and the public. Those services and benefits are set out on the Law Society’s website (lawsocietywa.asn.au). If the information collected in this form is not provided, the Law Society may not be able to provide its services as effectively. Individuals who wish to access information held about them, who wish to make any complaints or who wish to obtain details about information which is disclosed by the Law Society to overseas recipients may do so by accessing the Privacy Collection Notice located on the Law Society’s website or may contact the Law Society’s Privacy Officer. TERMS AND CONDITIONS: The Law Society of Western Australia (the Law Society) reserves the right to alter this programme or presenter(s) without further notice, however the programme is intended to run as advertised. The Law Society reserves the right to cancel this activity due to insufficient numbers – registrants will be notified if this occurs and credit (seminar value) will be carried forward to a seminar of the participants choice. Cancellations will incur a $50 fee. Cancellations or transfers must be advised at least 10 days prior to the event. Refunds will not be granted if a registrant fails to attend an event or cancels within 10 days of the activity. USE OF PHOTOGRAPHY: The Law Society reserves the right to use photography and filming from its events for future promotional use. Please advise a Law Society staff member at each event if you wish to opt out.

Quick and Easy Registration Form and Tax InvoiceABN 41 434 516 549

CPD REGISTRATION FORMSEPTEMBER–DECEMBER 2018