2016 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE

2016 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE 26-28 MAY 2016 | MACKAY HARBOUR, QUEENSLAND REGISTER ONLINE @ nqla.com.au PRACTI...
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2016 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE 26-28 MAY 2016 | MACKAY HARBOUR, QUEENSLAND

REGISTER ONLINE @ nqla.com.au

PRACTICAL LEGAL ETHICS PROFESSIONAL SKILLS PRACTICE MANAGEMENT AND BUSINESS SKILLS

10 CPD POINTS

ETHICS AND PROFESSIONAL RESPONSIBILITY PRACTICE MANAGEMENT AND BUSINESS SKILLS

Bar Association accreditation code – NQLA16

SUBSTANTIVE LAW, PRACTICE AND PROCEDURE, AND EVIDENCE BARRISTERS’ SKILLS

SPEAKERS INCLUDE The Honourable Chief Justice Holmes – Chief Justice, Supreme Court of Queensland

The Honourable Justice McMeekin – Supreme Court of Queensland The Honourable Justice North – Supreme Court of Queensland The Honourable Justice Henry – Supreme Court of Queensland The Honourable Justice Tree – Family Court of Australia His Honour Judge Coker – Federal Circuit Court of Australia

NAMING RIGHTS SPONSOR

Her Honour Judge Willis – Federal Circuit Court of Australia His Honour Judge Harrison – District Court of Queensland His Honour Judge Morzone QC – District Court of Queensland Mr Andrew Philp QC – Barrister-at-Law Mr Michael Copley QC – Barrister-at-Law Mr Tim Matthews QC – Barrister-at-Law

PLATINUM SPONSORS

Mr Robert Anderson QC – Barrister-at-Law Mr Bill Potts – President, Queensland Law Society

KEY DATES 2016 Now Registration Opens 22 April Early bird registration ends

GOLD SPONSORS

23 April Standard registration commences 26-28 May NQLA Offermans Partners Conference

An Industry SuperFund

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SIGNATURE SOCIAL EVENTS LEXISNEXIS WELCOME DRINKS – Thursday 26 May 2016 The Welcome Drinks will be the first event of the Conference, to be held poolside at the Clarion Hotel, overlooking the famous Mackay Marina. Delegates, their guests, speakers and sponsors are invited to gather for informal drinks and canapés to welcome and celebrate the start of what will be a wonderful conference. Cost: Included in registration fee for delegates Additional tickets: $65.00 Time: 5.30pm to 8pm Where: Poolside, Clarion Hotel, Mackay Harbour Dress: Casual

LLOYDS ASSET SERVICES – SEA-PD FOR BREAKFAST – Friday 27 May 2016 Overlooking the beautiful Mackay Marina, the Marquee will allow delegates to enjoy picturesque ocean views and catch the sea breeze. Whilst enjoying a breakfast by the sea, you 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: N  ot available – this is a delegate only event Time: 7.30am for 8.00am start Where: The Marquee, Clarion Hotel, Mackay Harbour

#MACKAYPRIDE NIGHT UNDER THE STARS – presented by Mackay Regional Council – Friday 27 May 2016 The #MackayPride Night Under the Stars will be held under the mango and fig trees in the grounds outside the Mackay Entertainment and Convention Centre. This event, held in conjunction with the Mackay District Law Association (MDLA), is a not to be missed event and is sure to be the highlight of the entire conference. The night will provide a unique opportunity for delegates, sponsors, speakers and members of the MDLA to mingle whilst sharing a drink or two. Significant canapes and live music will be on offer for all to enjoy. Cost: Included in registration fee for delegates Additional tickets: $120.00 for guests Time: 6.30pm to 11.30pm. Buses will leave the Clarion Hotel from 6.15pm Where: Grounds between Artspace and the MECC, Mackay City Dress: Cocktail

J.D. DOWLING CHAMBERS BEACH PARTY – Saturday 28 May, 2016 Once the conference concludes, kick back at the J.D Dowling Chambers Beach Party to be held on the spectacular Mackay Harbour Beach. Enjoy a celebratory drink, canapes, perhaps a game of beach volleyball or cricket all while the waves lap at your feet. Cost: Included in registration fee for delegates Additional Tickets: $50.00 Time: 12.50pm to 3.30pm Where: Mackay Harbour Beach, in front of the Mackay Surf Life Saving Club.

THURSDAY 26 MAY 2016 3.00pm – 5.30pm 5.30 – 8.00pm

Conference Registration – Clarion Hotel LEXISNEXIS WELCOME DRINKS – Poolside, Clarion Hotel

Dress Code: Casual

FRIDAY 27 MAY 2016 7am 7.30am for 8.00am Start 8.20 – 10.30am

Conference Registration Conference Opening – The Marquee at the Clarion Hotel Opening Address – Mr Bill Potts, Queensland Law Society President Address from Naming Right Sponsors – Offermans Partners

Lloyds Asset Services Sea-PD Breakfast Interactive CPD Session for both Barristers and Solicitors

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 McMeekin, Supreme Court of Queensland; The Honourable Justice Henry, Supreme Court of Queensland; His Honour Judge Morzone QC, District Court of Queensland; Andrew Philp QC, Barrister-at-Law; Tim Matthews QC, Barrister-at-Law; Anthony W Collins, Barrister-at-Law 10.30am

Morning Tea – Mackay Surf Life Saving Club (Delegates to walk or catch shuttle bus. Morning tea served upon arrival.) COMMERCIAL STREAM

FAMILY LAW STREAM

LITIGATION STREAM

Will Stuff Ups & Settlement Disasters – A Succession Law Update

Super splitting

Back to Basics – advocacy in applications and preparation for contested hearings.

Sponsored by Stewart Title

Session 1

11.15am – 12.00pm

Session 2 12.00 – 12.45pm

A paper on the recent developments across many areas of estate litigation, including rectification of wills, informal wills and the latest word from the Court of Appeal on sanctions and claims by disabled children. Presenter: Caite Brewer, Barrister-at-Law

Living in Harmony – or not…

A discussion of issues involving body corporates, including resolving disputes, the various duties and responsibilities, insurance and a few war stories about when things go wrong. Presenter: Michael T de Waard, Barrister-at-Law

This paper will be in relation to Superannuation in Family Law and will answer some of the following questions: • What is the place of super after 15 years since its introduction? • Where are the trouble points and how to avoid them. • What are the elements of a splitting order? Are you drafting properly? • Self Managed Super – the growth area in super and how to split. • What guidance have we had form the Full Court after Coghlan’s case? • What to do with a difficult trustee. Presenter: Stephen Bourke, Director, SuperSplitting

The Grandparent Dilemma: ‘Thank God’, ‘Oh God’, ‘My God’ and finally, ‘Where did that come from’

Applications made by grandparents can be some of the most complex and difficult applications for the Family Court and Federal Circuit Court to determine. Sometimes these applications are made because the grandparents are the only hope a child/ children have. However, there are other occasions where their involvement could be considered to do more harm than good to the children. In this presentation His Honour Judge Coker will consider the different types of applications that come before the Courts involving grandparents and the statutory and case guidance that has been identified. Presenter: His Honour Judge Coker, Federal Circuit Court

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Sponsored by QLS

A refresher on preparation, étiquette, affidavits, objections, documents and the solicitor’s role in supporting counsel to be a good advocate. Presenters: The Honourable Justice North, Supreme Court of Queensland; Viviana Keegan, Barrister-at-Law; Tracy Fantin, Barrister-at-Law

Contractual and statutory interpretation – a search for purpose The tasks of interpreting disputed statutory and contractual terms engage many similar concepts, but they also have their differences. Discerning a statute or contract’s true purpose is an important role for both lawyers and judges, but one that is often not afforded the full degree of explanation it deserves. Presenter: Sean Kelly, Barrister-at-Law

12.45 – 1.30pm

Lunch – Mackay Surf Life Saving Club

1.30 – 2.15pm

PLENARY SESSION 1: Law in the 21st Century Presenter: The Honourable Justice McMeekin, Supreme Court of Queensland

2.15 – 3.00pm

PLENARY SESSION 2: Think before you speak or type

A paper touching on the recent developments in the world of defamation, with a particular emphasis on the cross over between social media and defamation. Presenter: Robert Anderson QC, Barrister-at-Law 3.00 – 3.20 pm

Afternoon Tea – Mackay Surf Life Saving Club COMMERCIAL STREAM

FAMILY LAW STREAM

LITIGATION STREAM

A Debate with a Hypothetical – Share Sale v Business Sale

Latest and Greatest in each jurisdiction

Master class in statutory demands

A discussion of the most prominent cases over the last twelve months in the Family Court and Federal Circuit Court of Australia.

A detailed “master class” in statutory demands, covering everything from issuing a demand, to winding up applications and everything in between.

Presenters: The Honourable Justice Tree, Family Court of Australia; Her Honour Judge Josephine Willis, Federal Circuit Court of Australia

Presenters: Anthony W Collins, Barrister-atLaw; Kirsty Gothard, Barristerat-Law; Michael Fantin, Barrister-at-Law

Sponsored by Stewart Title

Session 3+4 3.20 – 4.50pm

A look at the legal, accounting and practical considerations when advising a client to undertake a transfer of a business, as either a share sale or business sale arrangement, and which is preferable in certain circumstances. Presenters: Suzanne Brown, Principal, McKays Solicitors; Robert Cunningham, Director, Taylors Solicitors; Gary West, Accountant and Director, Inspire Accounting and Business Services; John Philps, Accountant and Director, S.H. Tait & Co

4.50pm

Day 1 Conference Close

6.15pm

Shuttle Buses leave from Clarion Hotel

6.30 – 11.30pm

Sponsored by QLS

#MACKAYPRIDE NIGHT UNDER THE STARS Mackay Entertainment and Convention Centre (shuttle Buses leaving MECC back to Clarion later in evening) Dress Code: Cocktail

SATURDAY 28 MAY 2016 7.00am – 7.45am

Yoga on the Beach – Mackay Harbour Beach

A 45 minute class of Power Yoga on the beautiful Mackay Harbour beach. Suitable for all abilities – just bring a beach towel!

Cost: $5.00

8.30am

North Queensland Law Association Annual General Meeting

9.00am

Day 2 Conference Opening

The Honourable Chief Justice Holmes, Supreme Court of Queensland 9.15 – 10.00am

PLENARY SESSION 3: Law & Order: Outside the Living Room Presenter: Michael Copley QC, Barrister-at-Law

2016 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE |

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Core CPD Topics 2 & 4 – Practice Management and Business Skills, and Barristers’ Skills

Core CPD Topic 3 – Professional Skills and Business Management

Core CPD Topic 3 – Professional Skills and Business Management

BARRISTERS

SENIOR SOLICITORS

EARLY CAREER LAWYERS

Electronic Practice Management for Barristers:

Forget the alphabet, let’s focus on the people!

Imposter Syndrome – What to Do when you Feel Out of your Depth

This session will focus on topical practice management and business skills for barristers including, security, email and cloud based issues. The interactive presentation and discussion will provide examples of practical, time saving solutions to use in your practice. The session will also include an update and commentary from the President on recent developments relevant to the bar.

This paper will provide an overview of communication, motivation and conflict that “generational” difference creates. Introducing concepts provided from neuroscience and neuropsychology Nick will offer insights, tools and ideas to enhance leadership, team and business outcomes supporting both ends of the generational spectrum.

Chris Hargreaves will give you some strategies for building your confidence as a junior lawyer, and how to go about dealing with that nagging feeling in the back of your head that you’re just not good enough to be doing what you’re doing.

Sponsored by the Bar Association of Queensland 10.00 – 11.00am

Presenters: Christopher Hughes QC, Barrister-at-Law, Bar Association of Queensland President; Andrew Sinclair, Barristerat-Law

Sponsored by Stewart Title

Gen Y Lawyers – From the horse’s mouth… working with them, for them and as part of your team

Sponsored by Queensland Law Society

Presenter:  Chris Hargreaves, Senior Associate, McInnes Wilson Lawyers

Hear from Kara Cook who has worked in private practice and the community legal sector about her perspective on being a Gen Y, debunking some of the myths in working with Gen Y and how having a Gen Y member of your team can be the best thing that will happen to you and your firm (of course she would say that she is Gen Y!). Presenter: K  ara Cook, Principal Lawyer, Cook Legal; Nick Bennett, Performance Coach/Facilitator, Minds Aligned

11.00 – 11.20am

Morning Tea – Mackay Surf Life Saving Club COMMERCIAL STREAM

FAMILY LAW STREAM

LITIGATION STREAM

Freedom to Contract – a thing of the past? Unfair Contracts in Small Business

Interim hearings – Preparation and Advocacy for success

Expert Evidence – a practical discussion

Sponsored by Stewart Title

Session 5 11.20am – 12.05pm

The paper will summarise the legislative changes which extend the unfair contract terms protection to small businesses and discuss the practical impacts the introduction of this new legislation will have on the way in which parties contract when one or more of the contracting parties is a small business. Presenter: M  elissa Nielsen, Partner, Miller Harris Lawyers

Session 6 12.05am – 12.50pm

12.50pm 12.50 – 3.30pm

Interim hearings play a pivotal part in children and property cases, and can influence the outcome in trials. Preparation of the material and advocacy at the hearing has a marked effect on potential outcomes. Both Michael and Janice, experienced Barristers in family law will address these critical issues in their presentation. Presenters: Janice Mayes, Barrister-at-Law; Michael Fellows, Barrister-at-Law

Doomsday Prepping: How not to be a cautionary tale

Advising business clients is a minefield at the best of times. In these tough economic conditions clients are looking for someone to blame when their business decisions don’t work out the way they planned, it’s obviously your fault. Years of working through the debris of these types of scenarios has given Danielle Keyes and Michael Brennan a great insight into the sort of issues that lawyers should be considering when advising clients on transactions. Presenters: Michael Brennan, Managing Partner, Offermans Partners; Danielle Keyes, Senior Associate, DLA Piper

Conference close J.D. DOWLING CHAMBERS BEACH PARTY – MACKAY HARBOUR BEACH Dress Code: Casual

6 | 2016 OFFERMANS PARTNERS NORTH QUEENSLAND LAW ASSOCIATION CONFERENCE

Sponsored by QLS

A discussion as to when expert evidence is needed, how to find the right expert and identifying the right questions to ask. A number of practice tips will be given, and answers to questions such as: • Can you get away with not having an expert if the other side is calling one? • Do draft expert reports need to be disclosed? • How to deal with facts v assumed facts • And more. Presenter: N  icholas Andreatidis, Barrister-at-Law

Recent changes to criminal law: Domestic violence legislation and one-punch laws

A panel discussion on recent developments in the field of criminal law. Presenters: Judge Harrison, District Court of Queensland; Paddy Cullinane, Barrister-at-Law; Joshua Trevino, Barristerat-Law

REGISTRATION Registration for the 2016 Offermans Partners NQLA Conference is an online process. Registration fees for the 2016 Offermans Partners NQLA Conference are as follows: Member – 2 Day Registration Earlybird 2-day (on or before 22 April 2016)

$870 (including GST)

Standard 2-day (after 23 April 2016)

$970 (including GST)

Non member – 2 Day Registration Earlybird 2-day (on or before 22 April 2016)

$970 (including GST)

Standard 2-day (after 23 April 2016)

$1070 (including GST)

ACCOMODATION The NQLA has been able to negotiate a discounted rate for delegates and speakers at the Clarion Hotel Mackay. Located within a waterfront resort setting at Mackay Marina Village, the hotel overlooks the tropical waters of the Coral Sea and Southern Whitsunday Islands. The Clarion Hotel is a 4 ½ star hotel in easy walking distance of local restaurants and the conference venue, Mackay Surf Life Saving Club. The Clarion Hotel is also the location of the Welcome Drinks to be held on Thursday evening. The Clarion Hotel reservations team can be contacted on (07) 4955 9400 or online by http://www.mackayaccommodation.com.au/ Please ensure that you advise the hotel staff that you are attending the NQLA conference when booking your accommodation, by quoting “NQLA 2016”, to access the special delegates rates, as follows:

Superior Deluxe Suites – One night stay rate – $149.00 per night Two + night stay rate – $139.00 per night Executive Suite – One night stay rate – $189.00 per night Two + night stay rate – $179.00 per night Superior Spa Suites – One night stay rate – $249.00 per night Two + night stay rate – $229.00 per night Complimentary airport transfers can be arranged with the Clarion. Alternatively, special rates have been arranged at Riviera Mackay, which offers serviced apartments. Riviera is located on the river in the city heart of Mackay and is a convenient 6 minute drive from the conference location. The following rates have been arranged, and are available when quoting “NQLA 2016”: 1 Bedroom Apartment – $154.00 per night 2 Bedroom Apartment – $234.00 per night Please contact Riviera on (07) 4914 2460 or online at www.rivieramackay.com.au

ABOUT MACKAY Mackay is home to over 31 beaches, numerous fishing spots, countless natural attractions, and only a hop away from the beautiful Whitsundays! Perhaps after the conference you might like to take a trip to Sarina Sugar Shed where local sugar is used to make various liqueurs and sauces, or visit one of Mackay’s spectacular beaches? Otherwise, you might like to dine out at one of Mackay’s fantastic restaurants, visit the local art gallery, or take a drive to one of the spectacular national parks and watering holes within easy driving distance – the choice is yours! For more information, please visit www.mackayregion.com.au

2016 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

SEA-PD FOR BREAKFAST SPONSOR

NIGHT UNDER THE STARS SPONSOR

With special thanks to BB Print for their support in printing this brochure

REGISTRATION OPEN NOW Register online @ nqla.com.au

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