February–June 2017 Continuing Professional Development Programme

FEBRUARY–JUNE 2017 CONTINUING PROFESSIONAL DEVELOPMENT PROGRAMME

Keeping up to date with the latest legal and professional developments

lawsocietywa.asn.au Register online at lawsocietywa.asn.au/cpd SEMINARS 1

CPD Active members can attend over 90% of this programme FREE*

44 seminars and 79 hours of face- to-face training a Pr ctice M an ag em Ethics a e Unlimited CPD nd n P t seminars for ro * fe only $800 Su s bs s t i P a o r n o t n i a f e v l e s R s L e i a s o

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Learn from 142 44 eLearning well respected seminars speakers 57 hours of online learning

Please visit lawsocietywa.asn.au/cpd-active for full details. *Terms, conditions and exclusions apply. Inc GST. Figures calculated based on the 2017 Summer Programme. Please call (08) 9324 8692 or email [email protected] to add CPD Active to your membership. Register online at lawsocietywa.asn.au/cpd SEMINARS 1

CPD Active members can attend Continuing Professional Development Programme over 90% of this programme FREE* February–June 2017 Contents

Commercial Litigation Family and business trusts 7 Mediation update for practitioners 6 44 seminars and Important cases from 2016 for commercial litigators 11 Art of the eTrial 8 Sale of business agreements 11 CMC List practice and procedure 9 79 hours of face- Shareholder and joint venture agreements and disputes 16 Important cases from 2016 for commercial litigators 11 Advocate’s immunity 12 to-face training Construction Drafting settlement offers and deeds 12 a Construction law masterclass 11 Pr ctice M The art of identifying case theories in commercial litigation 14 an Contract Contract law masterclass 15 a Issues relating to company meetings and lawyers acting g Personal Injury e as directors 15 Ethic m Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) 15 Unlimited CPD s an e Contract law masterclass 15 d n Personal Property P t Corporate seminars for ro Developments in PPSA 15 * f Directorial liability for corporate failings e – three contemporary developments 7 only $800 Su Practice and Procedure b s s s P Art of the eTrial 8 ta i Costs o r Beware the Ides of March – the dark arts of costs 10 CMC List practice and procedure 9 n n o t Practice Management i a f Criminal v e l Jump start your digital marketing 6 e s Criminal law update: a review of Court of Criminal

R The Business Case for New Law: will AI or legalbots s Appeal decisions 8 L e i replace us? 6 a Dealing with family violence: a new legal approach 9 s o Legal Practice Set-up – Getting it right from the start 8 w p n Voluntary criminal case conferencing 13 CPD ACtivE Paperless office 8

o a Risk assessment of sex offenders 13

n l The bottom line depends on business development 9

Estate Planning

ONE DECiSiON S Outperforming through creating an excellent client experience 10

i Estate Planning masterclass 12 k Conscious leadership 11

ENDLESS POtENtiAL b Will drafting masterclass 13 i

i Mindfulness and managing your energy 12

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l Urgent wills and assessing a client’s mental capacity 16

i Outperforming through creating an excellent client experience 13 s t y Ethics QPS Accreditation Workshop one 14 Ethics on Friday: fiduciary relationships 9 QPS Accreditation Workshop two 14 Ethics in Industrial Relations – reflections on a career Professional Skills from bar to bench 10 De-mystifying accounting for lawyers 6 Ethics on Friday: when a client’s capacity is in doubt 11 Mediation update for practitioners 6 Ethics on Friday: ethics begins at home 14 Briefing Barristers: getting it right 7 Ethics on Friday: pointing the finger 14 Empowering communication: managing emotions in Ethics on Friday: ethical dilemmas in advocacy 16 difficult conversations 7 Family Online legal research skills including accessing free Incapacity in relationships: the tension between SAT and resources 13 the Family Court – who wins? 6 Property 44 eLearning Drafting family law orders and settlement offers 9 Learn from 142 Property law update 7 seminars Dealing with family violence: a new legal approach 9 Strata Reform: dispute resolution changes and reforms well respected Asset protection and the Family Court 15 to protection of purchasers 8 speakers 57 hours of Guardianship and Administration eConveyancing and electronic land contracts update 12 online learning Incapacity in relationships: the tension between SAT and Restraining Orders the Family Court – who wins? 6 Dealing with family violence: a new legal approach 9

Insolvency Strata Title Insolvency Law Reform Act 10 Strata Reform: dispute resolution changes and reforms Intellectual Property to protection of purchasers 8 What the Productivity Commission said about copyright 10 Succession Legal Support Urgent wills and assessing a client’s mental capacity 16 The Essential Legal Assistant Course 2 Trusts Family and business trusts 7 Please visit lawsocietywa.asn.au/cpd-active for full details. *Terms, conditions and exclusions apply. Inc GST. Figures calculated based on the 2017 Summer Programme. Please call (08) 9324 8692 or email [email protected] to add CPD Active to your membership. Thanks to our CPD partner 2 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Keeping up to date with the latest legal and professional developments

The Essential Legal Assistant Course Delivered live online

11 week course commencing Monday, 19 June 2017, 5.30pm – 7.30pm Same days, same time, same course content … delivered live online with legal topics delivered via our eLearning portal. This will enable legal support staff in the CBD, regional, rural and remote Western Australia to participate in this programme, from their work or home computer. Expressions of interest email [email protected]

lawsocietywa.asn.au

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Australia’s Place in the World

This flagship legal conference focuses on Australia’s place in the world. Law Summer School 2017 examines important topics of federal jurisdiction, conflict of laws, resources and reform, property law and estate planning amongst others. Law Summer School promises to engage you in active discussion with an extraordinary calibre of speakers as they share their views on Australia’s place in the world, its implications for the Australian justice system and for legal practice in Western Australia.

Earn 6 CPD Points across four competencies

With thanks to our sponsors Plenary sponsor Plenary sponsor Federal Jurisdiction and Conflict of Laws Money, Banking and Crypto Currencies: Lanyard sponsor Tea break sponsor Concurrent session sponsor A legal perspective

PROGRAMME

Time Description Introduced by/Chair

7.00am – 7.40am Registration and breakfast 7.40am – 7.50am Welcome to Country by Barry McGuire Opening address by Alain Musikanth, President, The Law Society of Western Australia 7.50am – 8.50am 1. Breakfast plenary: Australian Lawyers in the Asia Pacific Region Alain Musikanth Senator the Hon George Brandis QC, Attorney-General for Australia President, The Law Society of Western Australia 8.50am – 9.00am 9.00am – 10.30am 2. Keynote plenary: Australia’s Place in the World John Fiocco The Hon Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria Convenor, Law Summer School Organising Committee 10.30am – 11.00am Morning tea 11.00am – 12.30pm 3. Concurrent Sessions 3.A Property Law – Foreign Investment in Australian Property Penny Carruthers Simon Taskunas, Partner, Clayton Utz Lecturer, The Law School, Peter Beekink, Partner, Lavan The University of Western Australia 3.B Estate Planning – Discretionary Testamentary Trusts Thomas Henn Robert Sceales, Senior Partner, Sceales Lawyers Managing Director, Willpower Legal Sally Bruce, Special Counsel, Jackson McDonald 3.C Resources and Reform from an Ocean and Mining Perspective Professor Richard Bartlett Professor Erika Techera, Director of the Oceans Institute, The University of Western Australia Director of the Centre for Mining, Energy and Natural Brad Wylynko, Partner, Clayton Utz Resources Law, The University of Western Australia 3.D The Business Case For Work Practices That Promote Good Mental Health Marshall McKenna Dr Rebecca Michalak, Principal Consultant, PsychSafe Partner, Gilbert + Tobin Kylie Groves, Partner, Squire Patton Boggs Samuel Witton, Senior Associate, Herbert Smith Freehills 12.30pm – 1.30pm Lunch 1.30pm – 2.30pm 4. Plenary: Federal Jurisdiction and Conflict of Laws Brahma Dharmananda SC The Hon Robert French AC, Chief Justice of the High Court of Australia Barrister, Quayside Chambers Matthew Howard SC, President, Western Australian Bar Association 2.30pm – 3.00pm Afternoon tea 3.00pm – 4.00pm 5. Plenary: Money, Banking and Crypto Currencies: A Legal Perspective The Hon Justice Janine Pritchard The Hon Justice Nye Perram, Federal Court of Australia Supreme Court of Western Australia Sarah Green, Associate Professor of Law, University of Oxford, United Kingdom 4.00pm – 5.00pm 6. Closing plenary: Reflections of a Former Ambassador to the USA Dr Natalie Skead The Hon Kim Beazley AC, Former Deputy Prime Minister of Australia and Australian Dean, The Law School Ambassador to the United States of America The University of Western Australia 5.00pm – 6.30pm Networking Drinks

EVENT PRICING Full-day Registration 6 CPD Points across 3 competencies Law Society Members $1,170 2.0 – 3.0 points / Comp. 1 / Practice Management Individuals at least 5 years practising Individuals less than 5 years practising, articled clerks/practical legal 1.0 – 1.5 points / Comp. 3 / Ethics and Professional Responsibility $710 training (PLT) and students 1.5 – 3.0 points / Comp. 4 / Substantive Law Non Members $1,695 CPD Active Member $700 4 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Register online at lawsocietywa.asn.au/cpd SEMINARS 5

FEBRUARY–JUNE 2017 CONTINUING PROFESSIONAL DEVELOPMENT CALENDAR

FEBRUARY 2017

Monday, 13 February Tuesday, 21 February Friday, 24 February 3.00pm – 5.00pm | Page 6 5.00pm – 6.00pm | Page 6 10.30am – 12.30pm | Page 7 Jump start your digital Mediation update for Empowering communication: marketing practitioners managing emotions in difficult conversations Tuesday, 14 February Wednesday, 22 February 4.00pm – 6.00pm | Page 6 9.00am – 12.15pm | Page 7 Monday, 27 February De-mystifying accounting Property law update 4.30pm – 6.30pm | Page 8 for lawyers Art of the eTrial Wednesday, 22 February Wednesday, 15 February 5.00pm – 6.00pm | Page 7 Tuesday, 28 February 5.00pm – 6.00pm | Page 6 Directorial liability for corporate 9.00am – 11.00am | Page 8 Incapacity in relationships: the failings – three contemporary Strata Reform: dispute tension between SAT and the developments resolution changes and Family Court – who wins? reforms to protection of Thursday, 23 February purchasers Tuesday, 21 February 9.00am – 10.30am | Page 7 9.00am – 10.30am | Page 6 Family and business trusts Tuesday, 28 February The Business Case for New 3.00pm – 5.00pm | Page 8 Law: will AI or legalbots Thursday, 23 February Legal Practice Set-up – Getting 4.30pm – 6.30pm | Page 7 replace us? it right from the start Briefing Barristers: getting it right

MARCH 2017

Wednesday, 1 March Wednesday, 8 March Wednesday, 15 March 4.30pm – 6.00pm | Page 8 9.00am – 12.30pm | Page 9 9.00am – 1.30pm | Page 10 Criminal law update: a review The bottom line depends on Beware the Ides of March – the of Court of Criminal Appeal business development dark arts of costs decisions Wednesday, 8 March Wednesday, 15 March Thursday, 2 March 4.30pm – 6.00pm | Page 9 5.00pm – 6.00pm | Page 10 9.30am – 11.00am | Page 8 Dealing with family violence: What the Productivity Paperless office a new legal approach Commission said about copyright Thursday, 2 March Monday, 13 March 4.30pm – 6.30pm | Page 9 9.00am – 11.00am | Page 10 Thursday, 16 March CMC List practice and Outperforming through 9.00am – 12.15pm | Page 11 procedure creating an excellent client Construction law masterclass experience Friday, 3 March Thursday, 16 March 1.00pm – 2.00pm | Page 9 Tuesday, 14 March 5.00pm – 6.00pm | Page 11 Ethics on Friday: fiduciary 9.30am – 10.30am | Page 10 Important cases from 2016 for relationships Insolvency Law Reform Act commercial litigators

Tuesday, 7 March Tuesday, 14 March Friday, 17 March 5.00pm – 6.00pm | Page 9 5.15pm – 6.15pm | Page 10 10.30am – 12.30pm | Page 11 Drafting family law orders and Ethics in Industrial Relations – Conscious leadership settlement offers reflections on a career from bar to bench 4 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017 Register online at lawsocietywa.asn.au/cpd SEMINARS 5

MARCH 2017

Friday, 17 March Thursday, 23 March Wednesday, 29 March 1.00pm – 2.00pm | Page 11 9.30am – 11.30am | Page 12 5.00pm – 6.30pm | Page 13 Ethics on Friday: when a eConveyancing and electronic Risk assessment of sex client’s capacity is in doubt land contracts update offenders

Monday, 20 March Thursday, 23 March Thursday, 30 March 9.00am – 11.00am | Page 11 5.00pm – 6.00pm | Page 12 1.00pm – 2.00pm | Page 13 Sale of business agreements Drafting settlement offers Online legal research skills and deeds including accessing free Tuesday, 21 March resources 9.00am – 11.00am | Page 12 Tuesday, 28 March Mindfulness and managing 9.00am – 12.15pm | Page 13 Thursday, 30 March your energy Will drafting masterclass 5.00pm – 6.00pm | Page 14 The art of identifying case Wednesday, 22 March Tuesday, 28 March theories in commercial 9.00am – 12.15pm | Page 12 5.00pm – 6.30pm | Page 13 litigation Estate Planning masterclass Voluntary criminal case conferencing Friday, 31 March Wednesday, 22 March 1.00pm – 2.00pm | Page 14 5.00pm – 6.00pm | Page 12 Wednesday, 29 March Ethics on Friday: ethics begins 1.00pm – 2.00pm | Page 13 Advocate’s immunity at home Outperforming through creating an excellent client experience

MAY 2017 JUNE 2017

Thursday, 25 May Thursday, 1 June Friday, 16 June 3.45pm – 6.00pm | Page 14 3.45pm – 6.00pm | Page 14 1.00pm – 2.00pm | Page 14 QPS Accreditation QPS Accreditation Ethics on Friday: pointing the Workshop one Workshop two finger

ANYTIME LEARNING WITH

Available now | Page 15 Available now | Page 15 Available now | Page 16 Asset protection and the Issues relating to company Shareholder and joint venture Family Court meetings and lawyers acting agreements and disputes as directors Available now | Page 15 Available now | Page 16 Developments in PPSA Available now | Page 15 Urgent wills and assessing a Contract law masterclass client’s mental capacity Available now | Page 15 Motor Vehicle (Catastrophic Available now | Page 16 Injuries) Act 2016 (WA) Ethics on Friday: ethical dilemmas in advocacy

44 57 hours seminars of content available Access CPD on your terms elearning.lawsocietywa.asn.au 6 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Practice Management 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 Monday, 13 February the largest of practices, a considered strategy can be 3.00pm – 5.00pm the difference between business growth and stagnation. Jump start your digital marketing provides a deeper Jump start your digital marketing understanding of the digital landscape, an understanding of the primary tools available and some guidance on Evan Dela-Grammaticas when and how to employ them to maximise outcomes. Digital Advisor, Bonfire Level: General

2 points, Competency 1, Practice Management

Member - $230 Non-member - $300 CPD Active - $0

Professional Skills Financial statements are vital to every business as they determine its financial position and performance. Such information is crucial to your commercial clients and it is Tuesday, 14 February vital that you, as a lawyer acting on your client’s behalf.

4.00pm – 6.00pm De-mystifying accounting for lawyers provides an understanding of key statements, namely balance sheets, De-mystifying accounting for lawyers profit and loss, income statements and cash flow. GiGi GiGi Visscher Visscher, who is both a barrister and chartered accountant, coherently explains accounting concepts and procedures Barrister, Francis Burt Chambers to help demystify the topic and provides answers to questions that practitioners, at times, are too afraid to ask.

Level: General

1 point, Competency 1, Practice Management 1 point, Competency 2, Professional Skills Member - $230 Non-member - $300 CPD Active - $0

Family Guardianship and Administration Of recent time the Family Court has had to deal with property settlement and maintenance issues between couples who no longer live together, but are still married, because of failing Wednesday, 15 February health or specific care needs. In these situations it is becoming increasingly common for spouses being forced to apply to the 5.00pm – 6.00pm Family Court to protect their interests to counter an application by an adult child or a sibling seeking to be appointed an Incapacity in relationships: the Administrator or enforcing an Enduring Power of Attorney. Tensions and confusion arise between orders made by SAT tension between SAT and the and orders made in the Family Court. These issues create Family Court – who wins? real difficulties for practitioners and parties appearing in each forum. This seminar seeks to discuss these issues and outline Chair: Charlotte Wallace some practical matters for solicitors to consider. Senior Member, State Administrative Tribunal Approved for 1 Family Law Accreditation point. Andrew Davies Level: Intermediate/Advanced Partner, O’Sullivan Davies 1 point, Competency 4, Substantive Law Member - $79 Non-member - $99 CPD Active - $0

The legal profession has changed irreversibly and indisputably. Practice Management Terri Mottershead explains how we transition from traditional law to new law and examines questions many practitioners have Tuesday, 21 February including: • what is it that lawyers do in the new normal? 9.00am – 10.30am • will legalbots replace us? • are we service or product providers and who are our clients? The Business Case for New Law: • do we have the human resources (leaders and employees) to will AI or legalbots replace us? deliver what is expected of us? This seminar makes the business case for new law, by identifying Terri Mottershead, Principal, Mottershead Consulting and analysing the new legal services/products marketplace, the Ken Jagger, Co-Founder, Lawyers on Demand new and emerging law firm business models to accommodate it, and the very different legal workforce, workplaces and Catriona Macleod, Director, Cullen Macleod workspaces that are critical to successfully making the change. Greg Smith, Principal, Nexus Legal Group Level: General Sam Spilsbury, Technical Director, Jurimetrics Member - $180 Non-member - $250 CPD Active - $0 1.5 points, Competency 1, Practice Management

The vast majority of court actions now settle without going Professional Skills Litigation to trial, often as a result of mediation. Keeping up to date on the mediation process and potential opportunities and risks it Tuesday, 21 February presents for you and your clients is important. Mediation update for practitioners focuses on: 5.00pm – 6.00pm • current mediation practice trends in: • WA courts, including mediations presided over by judges Mediation update for practitioners • the Federal Court Chair: The Hon Justice John Chaney • ADR institutions, domestic and international Supreme Court of Western Australia • recent cases (nationally), including those that deal with adverse costs orders Michael Hollingdale • accreditation of mediators by the Law Society and the Partner, HWL Ebsworth proposal for a national system of accreditation for lawyer mediators Level: General 1 point, Competency 2, Professional Skills Member - $125 Non-member - $185 CPD Active - $0 Register online at lawsocietywa.asn.au/cpd SEMINARS 7

Property A practical review and update on property law and other developments in the property industry in general. Wednesday, 22 February Experienced property law practitioners speak on the latest developments in property law including:

9.00am – 12.15pm • retail and commercial lease update Property law update • best practices in drafting leases – tips and traps • planning and environment update Chair: Gary Thomas, Partner, Tottle Partners • analysis of the key amendments in the Sale of Land John Syminton, Director, Warren Syminton Ralph Pty Ltd Amendment Bill 2016 which will come into effect on 31 Mary Pringle, Partner, Clayton Utz March 2017 Alex Salvaris, Director, Warren Syminton Ralph Pty Ltd Level: Intermediate/Advanced Simon Moen, Partner, Jackson McDonald Matthew Reid, Partner, Jackson McDonald 3 points, Competency 4, Substantive Law Mark Etherington, Senior Associate, Clayton Utz Member - $348 Non-member - $418 CPD Active - $0

In an attempt to control the risk of corporate illegality Corporate and malfeasance, society has increasingly sought to hold corporate directors personally liable for such corporate Wednesday, 22 February failings. But has the pendulum swung too far in society’s pursuit of 5.00pm – 6.00pm this control mechanism? Directorial liability for corporate Steven Cole reviews three contemporary developments failings – three contemporary relevant to directorial liability for corporate failings namely: • personal criminal liability for corporate illegality – developments Directors’ Liability Reform Bill 2015 (WA) • corporate insolvency reform Chair: Leigh Warnick • ASIC v Cassimatis (No 8) [2016] FCA 1023 (Storm Barrister, Francis Burt Chambers Financial) Steven Cole Level: Intermediate/Advanced Managing Director, Cole Corporate 1 point, Competency 4, Substantive Law Member - $125 Non-member - $185 CPD Active - $0

Practical drafting and tax issues involved in family and Trusts Commercial business trusts addressing: • best practices in drafting trust deeds and common errors Thursday, 23 February • drafting clauses for change in trustee or guardian or appointor caused by events such as bankruptcy and 9.00am – 10.30am family breakdowns • discussion of Mercanti v Mercanti [2016] WASCA 206 Family and business trusts • are unit trusts still relevant? • trust cloning Chair: Greg Calder • tax aspects of change in ownership of unit trusts Partner, Butcher Paull & Calder • tax aspects of change in beneficiaries Colin Munro • tax implications of change in residency of trustee or Director, Munro Doig guardian or appointor • equalisation clauses, re-characterisation clauses, unpaid Brian Lovitt present entitlements and sub trusts Director, Hewett & Lovitt Level: Intermediate/Advanced

Member - $180 Non-member - $250 CPD Active - $0 1.5 points, Competency 4, Substantive Law

Professional Skills Briefing barristers is an important but often overlooked skill. It is not often taught but simply ‘picked up’ along the way. Experienced speakers from the bar and the Thursday, 23 February amalgam present on how to get the brief ‘right’ first 4.30pm – 6.30pm time, thus ensuring your client obtains maximum benefit. Learn how to work collaboratively with your barrister by Briefing Barristers: getting it right knowing what helps them, how to save time, what they need and what they don’t need. Hear examples of ‘best Chair: Stephen Davies SC practice’ and what to do and not do when briefing. Barrister, Francis Burt Chambers Solicitors of all levels will find this practical seminar useful Clare Thompson to brush up on skills in this important area. Barrister, Francis Burt Chambers Level: General Ashley Macknay Director, MDS Legal 2 points, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0

Professional Skills Empowering communication, the second of the two workshops in this space, aims to increase the confidence of participants to communicate assertively and to make Friday, 24 February effective requests.

10.30am – 12.30pm Examine theories about how the brain operates under pressure and be introduced to a model that explains Empowering communication: how the brain reacts in high stress moments. Learn managing emotions in difficult tools and techniques for managing emotions in crucial conversations and examine some of the elements of conversations ‘presence’, what differentiates a good request from a bad one, and emotional response mechanisms. Ellie Scarf Executive Coach and Facilitator, Madston Black Level: General

2 points, Competency 2, Professional Skills

Member - $230 Non-member - $300 CPD Active - $0 8 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Litigation Practice and Procedure The volume of potential evidence required in court is reaching immense proportions. Many courts have invested in the provision of state-of-the-art court rooms and electronic Monday, 27 February filing thus establishing cost effective technology solutions to practitioners. Art of the eTrial focuses on: 4.30pm – 6.30pm • recent changes in Federal Court Practice Notes to embrace efficiencies, including appropriate use of technology Art of the eTrial • Electronic Lodgment (eLodgment) and the Electronic Court file • Electronic Discovery and the eCourtroom Chair: Dr Pat Saraceni • how electronic discovery is undertaken Director, Litigation and Dispute Resolution, Clifford Chance • what technologies are being used in electronic Trials and why? Deputy District Registrar Russell Trott Discover how new tools and technology can support you to Federal Court of Australia practice litigation with increased accuracy and efficiency, and bring your case to life. Elizabeth Miller Level: General Head – eCourt Services, Law in Order 1 point, Competency 1, Practice Management Member - $230 Non-member - $300 CPD Active - $0 1 point, Competency 2, Professional Skills

Strata Title Property Reforms to the Strata Titles Act 1985 (STA) will result in substantial changes to the way strata disputes are resolved and the disclosure obligations on sellers of strata lots and the Tuesday, 28 February avoidance rights of purchasers. This seminar focuses on these two areas, in particular: 9.00am – 11.00am • expansion of the jurisdiction of the State Administrative Tribunal (SAT) to resolve almost all strata disputes Strata Reform: dispute resolution changes • what additional powers SAT will be granted to resolve strata disputes and reforms to protection of purchasers • case studies demonstrating how the dispute resolution Chair: Mark Atkinson reforms will work • new seller disclosure obligations Director, Atkinson Legal • how buyer avoidance rights will be changed Alison Fleming This seminar is highly recommended for all who practice in Lead Lawyer, Strata Titles Act Reform, Landgate strata titles and property law in general. Sean Macfarlane Level: General/Intermediate Senior Lawyer, Strata Titles Act Reform, Landgate Member - $230 Non-member - $300 CPD Active - $0 2 points, Competency 4, Substantive Law

Are you considering starting your own practice or thinking Practice Management of taking a partnership position at a small firm? Or have you recently started your own practice and feel out of your depth? Tuesday, 28 February If the answer is yes to any of the above this seminar provides an overview of all the considerations that are crucial to running your 3.00pm – 5.00pm own practice including: • the difference between manager, entrepreneur and technician Legal Practice Set-up – Getting it • structuring your business, strategic planning and budgeting right from the start • practicalities such as insurances, technology, marketing and processes and procedures Chair: Sam Gray, Principal, Incito Wealth Don’t make the wrong decision about starting or joining a firm Wendy Davies, Director, Moore Stephens (WA) Pty Ltd because you don’t ask the right questions or consult with the right people beforehand. Gain clarity on what underpins the Steven Bell, Principal, Outsourced Business Solutions successful operation of a small firm. Jaine Edge, Principal, Jaine Edge Human Resources Level: General

2 points, Competency 1, Practice Management Member - $230 Non-member - $300 CPD Active - $0

Criminal Chaired by the Hon Justice Michael Buss, President, Court of Appeal Division, Supreme Court of Western Australia, this seminar takes a 12 month reflection over Wednesday, 1 March the decisions of the Court of Appeal including convictions 4.30pm – 6.00pm overturned and sentencing appeals. Paul Yovich SC provides a review of sentencing appeals, Criminal law update: a review of Sam Vandongen SC addresses conviction appeals in Court of Criminal Appeal decisions addition to highlighting cases of significance and Karen Farley SC examines the cases of Churnside v The State Chair: The Hon Justice Michael Buss of Western Australia (2016) WASCA 146 and LCM v The Supreme Court of Western Australia State of Western Australia (2016) WASCA 164.

Karen Farley SC, Appeals Consultant, Legal Aid WA Level: Advanced Sam Vandongen SC, Barrister, Francis Burt Chambers 1.5 points, Competency 4, Substantive Law Paul Yovich SC, Barrister, Francis Burt Chambers Member - $79 Non-member - $99 CPD Active - $0

Practice Management Change within the legal sector continues to accelerate. Client power continually increases, partly because of access to technology that’s developing at an Thursday, 2 March exponential rate. This is one of the key reasons we need to understand how we can become more efficient, 9.30am – 11.00am agile and dynamic in our business practices. In order to thrive in today’s legal market, it is becoming increasingly Paperless office important to rethink old formats, lose preconceptions Chair: Garth Brown and, ultimately, reimagine our businesses. Paperless Business Development Manager, Softlog Systems Australia office looks at some of these aspects in a digital world such as electronic document management solutions, Zahn Nel, Director, CT Group Solutions efficient document storage for digital files and concepts Catriona Macleod, Director, Cullen Macleod Lawyers firms are adapting for a more ‘paperlight’ office, all whilst ensuring protection of your confidential information. Stephen Williams, Partner, Kott Gunning Nikki Rollason, Practice Manager, O’Sullivan Davies Level: General Peter Liron, Principal Consultant, Pace Enterprises 1.5 points, Competency 1, Practice Management Member - $180 Non-member - $250 CPD Active - $0 Register online at lawsocietywa.asn.au/cpd SEMINARS 9

The Commercial and Managed Cases (CMC) List covers more than Litigation Practice and Procedure just big commercial cases and can be an efficient way to get to the end of a dispute on matters that would be assisted by intensive case Thursday, 2 March management. The Hon Justice John Chaney and experienced practitioners present on the current best practice and procedure in the CMC List and how to 4.30pm – 6.30pm prepare well under the scrutiny of intensive case management. CMC List practice and procedure This seminar deals with developing effective strategies to obtain the maximum benefits of appearing in the CMC List and encouraging Chair: The Hon Justice John Chaney the timely resolution of disputes in particular in the following types of matters: Supreme Court of Western Australia • commercial litigation Matt Howard SC • specialist applications (Part 9 in the Consolidated Practice Directions) Barrister, Francis Burt Chambers • defamation Jason MacLaurin Level: General Barrister, Francis Burt Chambers 1 point, Competency 2, Professional Skills Cameron Sweeney Member - $230 Non-member - $300 CPD Active - $0 Director, Eastwood Sweeney Law 1 point, Competency 4, Substantive Law

Ethics Webinar The fiduciary obligations lawyers owe their clients are fundamental to the practice of law. In this webinar, fiduciary obligations are considered in the context of the Friday, 3 March lawyer and client relationships focusing on:

1.00pm – 2.00pm • a brief reminder of the fundamentals of fiduciary Ethics on Friday: relations and the essential duties • the nature and extent of duties between lawyer and fiduciary relationships client • remedies for breach of duty, including complaints Elspeth Hensler Barrister, Francis Burt Chambers • recent developments • some practical observations

Level: General

1 point, Competency 3, Ethics and Professional Responsibility Member - $125 Non-member - $180 CPD Active - $0

Gain practical knowledge on the fundamental issues relating to Family drafting family law orders and settlement offers. This interactive seminar focuses on: Tuesday, 7 March • the initial client interview and how to take instructions from clients 5.00pm – 6.00pm • drafting preparation tips and tricks that will set you up for Drafting family law orders success • drafting settlement offers in both property/financial and and settlement offers children’s matters • perfecting the art of drafting family law orders in both property/ Chair: Elizabeth Hynes financial and children’s matters, including how they should be Director, DCH Legal written, and what material should be included and excluded. Paula Wilkinson This seminar is highly recommended for practitioners who Director, Kim Wilson & Co practice in the area of family law. Level: General

Member - $79 Non-member - $99 CPD Active - $0 1 point, Competency 2, Professional Skills

Lawyers have a limited time to focus on business Practice Management development hence it is critical to have a plan with structured processes in place to ensure every interaction Wednesday, 8 March counts. With a retracting market, increased competition, digitisation and automation it is now more important than 9.00am – 12.30pm ever for each lawyer to understand the numbers and how their day-to-day activities have the ability to impact The bottom line depends on and influence what differentiates them and their value proposition over others. business development This seminar provides practitioners with the opportunity Shirley Anne Fortina to build their financial knowledge and reinforce and/or Director, The POD Consultancy Pty Ltd grow their business development skills. Leave with a draft Principal, Edge International personal plan along with some practical tools to help deliver on that plan. Level: General

3 points, Competency 1, Practice Management Member - $399 Non-member - $499 CPD Active - $120

The Restraining Orders and Related Legislation Amendment (Family Criminal Restraining Orders Family Violence) Bill 2016 has amended a number of important Acts, including The Criminal Code and the Restraining Orders Act 1997. Wednesday, 8 March The Attorney General and Michael Hovane provide a detailed overview of the changes including: 4.30pm – 6.00pm • the introduction of a wider definition of ‘family violence’ forming the basis for making a Family Violence Restraining Order (FVRO) Dealing with family violence: • allowing victims who have a FVRO against a jailed offender a new legal approach to be heard when the offender is considered for release from prison Chair: Elizabeth Needham • clarifying when FVROs can be made for a period of longer than Barrister, Francis Burt Chambers the current default two-year period Michael Hovane • clarifying that FVROs can restrain cyber-stalking and revenge Managing Solicitor, Domestic Violence Legal Unit, porn Legal Aid WA Level: General The Hon Michael Mischin MLC, Attorney General 1.5 points, Competency 4, Substantive Law Member - $79 Non-member - $99 CPD Active - $0 10 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Investing in the client experience is one of the most Practice Management overlooked yet cost-effective ways to outperform in today’s competitive legal environment. Monday, 13 March The cost of acquiring a new client is six to 10 times more 9.00am – 11.00am than keeping an existing one. 80% of law firms view their service as ‘above average’, conversely 60% of legal clients Outperforming through creating an describe their experience as ‘below average’. Why is it that 78% of Australian law firms fail the ‘first impression test’ excellent client experience and lose the opportunity to convert a new enquiry into profitable work and a loyal client who will provide referrals? Carl White CXINLAW Consultancy Director Gain critical insights to help your firm significantly increase client instructions, retained clients, referral rates and fees billed.

Level: General

2 points, Competency 2, Professional Skills Member - $230 Non-member - $300 CPD Active - $0

Insolvency 2017 is expected to be a year of change in the area of insolvency and restructuring law. Tuesday, 14 March The Insolvency Law Reform Act 2016 will commence in stages on 1 March 2017 and 1 September 2017 and will significantly impact the Corporations Act 2001 and 9.30am – 10.30am the Bankruptcy Act 1966. Insolvency Law Reform Act Examine the changes to insolvency law, its implications for practitioners and consider the proposed changes around: Chair: Philip Blaxill • the new safe harbour protection for directors from Partner, Allens personal liability for insolvent trading Victoria Butler • the operation of ipso facto clauses Partner, Jackson McDonald • reducing the current default bankruptcy period from three years to one year Level: General

1 point, Competency 4, Substantive Law Member - $125 Non-member - $185 CPD Active - $0

Industrial relations can often be a polarising experience Ethics for employers, employees and union representatives. At times, there are unique ethical issues that can arise given Tuesday, 14 March the personal and sometimes political interface attached to industrial relations and issues of employment. 5.15pm – 6.15pm Hear from three preeminent members of the Court and Tribunals as they reflect on their experiences in dealing with Ethics in Industrial Relations – reflections unique ethical issues through their careers both at the bar on a career from bar to bench table and now the bench. Following from the seminar join our speakers and members of Chair: Nicholas Ellery, Partner, Corrs the profession for refreshments and canapés. The Hon Justice Michael Barker, Federal Court of Australia This is seminar is presented in association with the Australian Labour Lawyers Association. Deputy President Melanie Binet, Fair Work Commission Level: General Commissioner Toni Emmanuel WA Industrial Relations Commission 1 point, Competency 3, Ethics and Professional Responsibility Member - $125 Non-member - $185 CPD Active - $0

Effective costs and billing practice is a fundamental component and Costs essential skill for any lawyer. This seminar is a practical, hands-on masterclass of the law of costs and billing and will focus on: • the core areas of the law of costs including retainers, costs agreements, Wednesday, 15 March trust accounts, disclosure, billing and taxation/assessment of costs • costs agreement clauses that work and don’t work, and things to 9.00am – 1.30pm watch out for • new, better ways to draw bills Beware the Ides of March – the dark • billing alternatives including fixed fees and value based billing • gaining an understanding of ethical billing – what can and cannot be arts of costs billed • what the LPCC is looking out for and analysis of recent disciplinary Chair: Matthew Curwood, Barrister, Francis Burt Chambers cases Maria-Luisa Coulson, Legal Practitioner Director, Coulson Legal • survey of case law Fraser Robertson, Barrister, John Toohey Chambers Level: General Stewart Forbes, Barrister and Solicitor 2 points, Competency 1, Practice Management Philippa Rezos, Manager Rapid Resolution Team, Legal 1 point, Competency 2, Professional Skills Profession Complaints Committee 1 point, Competency 3, Ethics and Professional Responsibility Member - $438 Non-member - $508 CPD Active - $0

In September 2016, the Productivity Commission handed down Intellectual Property its inquiry report into Australia’s intellectual property system. The inquiry report’s recommendations in regard to copyright laws have Wednesday, 15 March been controversial, drawing criticism from copyright holders and other interested parties. This seminar provides an overview of copyright generally and focuses on the changes recommended to 5.00pm – 6.00pm copyright laws in the inquiry report namely: What the Productivity Commission • adopting fair use in Australia • contracting out copyright exceptions said about copyright • geoblocking online content • parallel importation of books David Stewart • copyright collecting societies Principal, Williams Hughes • statutory licensing pages • online copyright infringement • expanding the safe harbour regime Level: General 1 point, Competency 4, Substantive Law Member - $125 Non-member - $185 CPD Active - $0 Register online at lawsocietywa.asn.au/cpd SEMINARS 11

Construction A practical review and update on the recent amendments to the Constructions Contracts Act. Hear experienced construction law practitioners discuss the latest Thursday, 16 March developments in the area in particular: 9.00am – 12.15pm • analysis of the impact of the recent changes to the Act • making an adjudication application under section 26 of the Act • responding to an application for adjudication under section 27 Construction law masterclass of the Act • judicial review of adjudication awards including setting aside Chair: Chris Ryder, Partner, Corrs Chambers Westgarth a determination for jurisdictional error and analysis of key Stephen Boyle, Partner, Clayton Utz decisions from the Supreme Court and the Court of Appeal Beth Cubitt, Partner, Clyde & Co Update your knowledge with the latest developments in the area to ensure that you are able to provide the most effective solutions Kanaga Dharmananda SC, Barrister, Quayside Chambers for your clients.

Tom Porter, Barrister, Francis Burt Chambers Level: Intermediate/Advanced Sarah Russell, Barrister, Francis Burt Chambers 3 points, Competency 4, Substantive Law Member - $348 Non-member - $418 CPD Active - $0

Commercial Litigation A practical review of important and significant cases in commercial law from 2016.

Thursday, 16 March Chaired by his Hon Justice David Newnes, barristers Joel Yeldon, Rebecca Lee and Matthew Crowley each discuss 5.00pm – 6.00pm several hand-picked cases, outlining their findings, explaining their significance and seeking to draw themes Important cases from 2016 for and emerging trends in a practical and succinct way. This commercial litigators seminar provides the opportunity to hear discussions about the more notable and interesting commercial Chair: The Hon Justice David Newnes decisions in the past year Supreme Court of Western Australia Level: General Rebecca Lee, Barrister, Francis Burt Chambers Joel Yeldon, Barrister, Francis Burt Chambers 1 point, Competency 4, Substantive Law Matthew Crowley, Barrister, Francis Burt Chambers Member - $125 Non-member - $185 CPD Active - $0

Many of the processes, systems, values and business models used Practice Management by organisations were designed for the industrial age. Science tells us these approaches do not work in the intelligence age, therefore as leaders our approach and skills need to change. Friday, 17 March Conscious Leadership explores: • cognitive behavioural psychology of leadership 10.30am – 12.30pm • authority cue and influence • leadership styles Conscious leadership • how trust and confidence impact the workplace • building and maintaining positive workplace relationships Sarab Singh • emotional intelligence CEO, Illuminate Group • fostering employee engagement • cognitive frames and the formation of biases • awareness of unconscious thoughts and biases This seminar is designed to improve your conscious leadership by creating lightbulb moments which will help personally and professionally. Level: General

Member - $230 Non-member - $300 CPD Active - $0 2 points, Competency 1, Practice Management

Ethics Examine the Law Society’s new guidelines for practitioners on what to do and what resources are available to assist practitioners where they are concerned that their client may lack Friday, 17 March capacity to give instructions or make their own legal decisions. This may be for a range of reasons – the client may have an 1.00pm – 2.00pm intellectual disability, an acquired brain injury, mental illness or an age related cognitive disability, such as Alzheimer’s disease, Ethics on Friday: when a client’s which impairs their capacity to make decisions. capacity is in doubt Dealing with a situation where a person’s capacity is in issue is often a complex area and this seminar provides some basic James Healy principles which can guide practitioners in responding to these Barrister, Francis Burt Chambers situations. A light lunch is provided. Level: General

1 point, Competency 3, Ethics and Professional Responsibility Member - $137 Non-member - $197 CPD Active - $0

An overview on drafting sale of business agreements and the Commercial settlement process – essential for all practitioners practising in the area. Experienced speakers provide practical tips on what to look out Monday, 20 March for and how to better represent your client in a sale of business transaction with particular focus on the following areas: 9.00am – 11.00am • drafting tips for sale of business agreements • drafting pitfalls to avoid Sale of business agreements • the pros and cons of standard form agreements • effecting a sale of business settlement Chair: Fiona Halsey • third parties in business sale transactions Director, Halsey Legal • ancillary agreements Damian Quail • deeds of assignment • novation Director and Principal, Williams Hughes • avoiding common areas of dispute Luke Paterson Level: General Partner, Jackson McDonald 1 point, Competency 2, Professional Skills Member - $230 Non-member - $300 CPD Active - $0 1 point, Competency 4, Substantive Law 12 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Firms practicing mindfulness are reporting decreasing Practice Management absenteeism, rising productivity and increased success. Mindfulness is about being aware of what is happening in the Tuesday, 21 March present moment and responding appropriately, with clarity of mind and heart. 9.00am – 11.00am In this seminar learn how to bring about greater focus and clarity, reduce stress levels and give more energy to do the Mindfulness and managing things that are important including: • how to be fully in the present without attachments, your energy judgments and assumptions • be more attuned to feelings and how to shift a state of Philip Moyle being when over-burdened and anxious Director and Senior Consultant, Integral Developments • achieve clarity of thought Hannah Fitzhardinge • reach for a harmonious state of flow in actions at work and at home. Senior Consultant, Facilitator and Executive Coach, Integral Developments Level: General

2 points, Competency 1, Practice Management Member - $230 Non-member - $300 CPD Active - $0

In recent years the number of clients requiring advice about complex Estate Planning estate planning and Family Provision Act applications has increased dramatically. There has also been a significant increase in the range of strategies and breadth of advice required to implement effective Wednesday, 22 March estate planning and Family Provision Act advice. The Estate Planning masterclass addresses the above concerns including: 9.00am – 12.15pm • estate and succession planning involving trusts, SMSFs and private companies Estate Planning masterclass • estate planning in blended families • Family Provision Act update Chair: Elizabeth Heenan • solicitor duties in succession planning Special Counsel, Culshaw Miller • whether solicitors may now have to advise a testator of potential family provision claim Sally Bruce Increase your knowledge and be up to date with the latest Special Counsel, Jackson McDonald developments in the area. Mark Fatharly Level: Intermediate/Advanced Partner, Kott Gunning Amanda Liston 1 point, Competency 3, Ethics and Professional Responsibility Member - $348 Non-member - $418 CPD Active - $0 Director, Amanda Liston Legal 2 points, Competency 4, Substantive Law

Litigation In 2016 the High Court of Australia, in the decision of Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16, reaffirmed the doctrine of advocate’s immunity as Wednesday, 22 March good law in Australia despite it being abolished in the UK 5.00pm – 6.00pm and New Zealand. However, the High Court confirmed that the immunity applied only to advice that leads to, or Advocate’s immunity is intimately connected with, the conduct of the case in Court. The majority in Attwells v Jackson Lalic Lawyers Chair: John Vaughan SC held that the scope of the immunity does not extend to Barrister, Francis Burt Chambers negligent advice leading to settlement of a case. Joshua Thomson SC Examine the scope of the doctrine in light of Attwells Barrister, Francis Burt Chambers v Jackson Lalic Lawyers and the public policy reasons underlying it.

Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law Member - $125 Non-member - $185 CPD Active - $0

Property A timely update on eConveyancing and electronic land contracts. Experienced speakers focus on: • Landgate’s vision of the future in regard to eConveyancing Thursday, 23 March • update from PEXA on current and future system capabilities and guidance on how firms can make the transition to 9.30am – 11.30am electronic conveyancing • update from the Law Society on how the General Conditions eConveyancing and electronic land are being amended to cater for electronic conveyancing contracts update • electronic land contracts – formation and disputes. While there are cost and efficiency benefits to ‘going digital’, examine Chair: Mark Borrello, Managing Principal, Borrello Graham potential traps for unwary sellers and provide guidance on evidentiary issues that may arise in the event of a dispute. Jean Villani, Registrar of Titles, Landgate Also examine compliance with statutory requirements, digital signing and issues with electronic evidence generally. Peta Whyte, Director, Resolve Finance Level: General Tim Morgan, Senior Assocaite, Lavan Angella Chick, Executive Manager, 1 point, Competency 2, Professional Skills Practitioner Services WA, PEXA 1 point, Competency 4, Substantive Law Member - $230 Non-member - $300 CPD Active - $0

Drafting settlement offers and deeds can be deceptively complicated Litigation 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 Thursday, 23 March circumstances of the settlement. This can lead to unintended consequences if the deed is subsequently scrutinised and exposed to 5.00pm – 6.00pm a professional negligence claim. Drafting settlement offers and deeds addresses the above concerns Drafting settlement offers and deeds including: Chair: John Fiocco • best practice tips on drafting settlement offers, common mistakes Special Counsel, Slater and Gordon Lawyers and how to avoid them • the pros and cons of Order 24A v Calderbank offers Gregory Pynt • drafting to ensure your client obtains the full costs benefits of the Barrister, Francis Burt Chambers settlement offer • legal principles regarding the interpretation of settlement deeds by courts Level: Intermediate/Advanced 1 point, Competency 4, Substantive Law Member - $125 Non-member - $185 CPD Active - $0 Register online at lawsocietywa.asn.au/cpd SEMINARS 13

One of the most important and exacting documents a practitioner Estate Planning can be called upon to draft is a will. Get an in-depth overview of drafting wills, including taxation aspects, from experienced wills Tuesday, 28 March and estate practitioners. Will drafting masterclass focuses on common drafting issues 9.00am – 12.15pm including: • minimising exposure to income tax, CGT and death benefits tax Will drafting masterclass • life interests and rights to reside • international wills and wills for testators holding assets in Chair: John Hockley different jurisdictions Barrister, Francis Burt Chambers • appropriation clauses • gifts, both specific (dealing with issues such as ademption, Susan Fielding abatement, forgiveness of debts) and of residue (including Consultant, Jackson McDonald simultaneous deaths) Jim O’Donnell Level: Intermediate/Advanced Special Counsel, Jackson McDonald 1 point, Competency 2, Professional Skills Maree van der Kwast Member - $348 Non-member - $418CPD Active - $0 Director, Dwyer Durack 2 points, Competency 4, Substantive Law

The Supreme Court of Western Australia offers a voluntary Criminal criminal case conferencing process (VCCC) to assist in resolving issues in criminal cases speedily and, in some Tuesday, 28 March cases, to avoid the need for a trial altogether. 5.00pm – 6.30pm The purpose of the VCCC conference is for parties to reach agreement, where possible, in respect of any aspects of the Voluntary criminal case conferencing criminal trial process and on any matters relevant to case management prior to trial on a without prejudice basis. Chair: The Hon Justice Stephen Hall Supreme Court of Western Australia Learn more about the VCCC and hear directly from the The Hon Hal Jackson, VCCC Facilitator, Supreme Court and experienced criminal practitioners Supreme Court of Western Australia in a panel discussion which examines the benefits of the Registrar Danielle Davies, Supreme Court of Western Australia process and provides tips on how best to prepare and Registrar Janet Whitbread, Supreme Court of Western Australia engage in this important and worthwhile process. Paul O’Brien, VCCC Facilitator, Supreme Court of Western Australia Lyndsay O’Brien, State Prosecutor, Level: General Office of Director of Public Prosecutions Simon Freitag, Barrister, Albert Wolff Chambers Member - $79 Non-member - $99 CPD Active - $0 1.5 points, Competency 2, Professional Skills

Practice Management Webinar Investing in the client experience is one of the most overlooked yet cost-effective ways to outperform in today’s Wednesday, 29 March competitive legal environment. The cost of acquiring a new client is six to 10 times more than 1.00pm – 2.00pm keeping an existing one. 80% of law firms view their service as ‘above average’, conversely 60% of legal clients describe Outperforming through creating an their experience as ‘below average’. Why is it that 78% of Australian law firms fail the ‘first impression test’ and lose the excellent client experience opportunity to convert a new enquiry into profitable work and a loyal client who will provide referrals. Carl White CXINLAW Consultancy Director Gain critical insights to help your firm significantly increase client instructions, retained clients, referral rates and fees billed.

Level: General

1 point, Competency 2, Professional Skills Member - $125 Non-member - $185 CPD Active - $0

Criminal The innate complexity of human behaviour means that risk of sexual re-offending cannot be predicted with certainty. However, the assessment of such risk is vital Wednesday, 29 March when providing opinions to the courts on sentencing and 5.00pm – 6.30pm treatment options whilst treading the balancing act of rehabilitation for the offender and protection of the public.

Risk assessment of sex offenders Hear experienced legal and mental health professionals Chair: The Hon Justice Lindy Jenkins guide you through the risk assessment process. Examine both the ‘static’ and ‘dynamic’ factors identified with re- Supreme Court of Western Australia offending and the proper use of such psychological and Mara Barone psychiatric risk assessment tools in sentencing. Principal, Barone Criminal Lawyers Level: Intermediate/Advanced Dr Gosia Wojnarowska FRANZCP, Consultant Forensic Psychiatrist, 1 point, Competency 2, Professional Skills State Forensic Mental Health Service 0.5 point, Competency 4, Substantive Law Member - $79 Non-member - $99 CPD Active - $0

Practitioners, students and researchers rely on online sources for Professional Skills Webinar most of their legal research. It may be a surprise that extensive, reliable case law and legislation databases are easily accessible by everyone – free of charge. Thursday, 30 March Review how legal researchers can maximise their results, identify the most useful ‘tools’ available, learn how to keep up to date, 1.00pm – 2.00pm and most importantly how to better manage the information that’s found including: Online legal research skills including • strategies to find the information you need • techniques for browsing and searching legislation and case law accessing free resources • tricks to getting the most out of the best free legal resources available Kirsty McPhee • practical knowledge management tips for modern practitioners Practice Manager, Tottle Partners The seminar also provides training and guidance on how to comply with the recent Federal Court Practice Note update in relation to Lists of Authorities. Level: General 1 point, Competency 2, Professional Skills Member - $125 Non-member - $185 CPD Active - $0 14 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Litigation A critical skill of an effective advocate is to identify the way in which a case can best be presented, and to implement the necessary strategies to achieve this. Thursday, 30 March This involves identifying the case theory (or theories) 5.00pm – 6.00pm that is the ‘easiest path’ to success. A case theory is an explanation of what you say happened and, within The art of identifying case theories the legal framework that applies, why you should win. Choosing the best case theory requires detailed analysis, in commercial litigation judgment and, as always, extensive preparation. This seminar, chaired by his Hon Justice Kenneth Martin, Chair: The Hon Justice Kenneth Martin provides invaluable practical tips in helping you to Supreme Court of Western Australia develop case theories and strategies within a commercial Patricia Cahill SC litigation context. Barrister, Francis Burt Chambers Level: Intermediate/Advanced Gail Archer SC Barrister, Francis Burt Chambers 1 point, Competency 2, Professional Skills Member - $125 Non-member - $185 CPD Active - $0

Ethics Webinar Rule 17(5) of the Legal Profession Conduct Rules 2010 states that a practitioner must not engage in conduct which constitutes unlawful discrimination, unlawful harassment Friday, 31 March or workplace bullying. However, over recent years, lawyer misconduct in this area has been in the spotlight through 1.00pm – 2.00pm the Law Council of Australia’s National Attrition and Re- engagement Study which painted a picture of the legal Ethics on Friday: profession as one where bullying, discrimination and ethics begins at home harassment within law firms were at unacceptable levels. These behaviours are at odds with a profession that is Penelope Giles concerned with the ethical conduct of its members publicly. Barrister, Francis Burt Chambers This webinar focuses on office ‘discipline’ or ‘norms’ which could potentially cross the line into a breach of the Legal Profession Conduct Rules. Level: General

Member - $125 Non-member - $185 CPD Active - $0 1 point, Competency 3, Ethics and Professional Responsibility

Practice Management The Law Society of Western Australia’s Quality Practice Standard reflects excellence in legal practice management. It is a means by which firms and Thursday, 25 May practices can enhance competitiveness, deepen client 3.45pm – 6.00pm relationships, mitigate risk and ensure that accountability in service excellence is upheld.

QPS Accreditation This workshop is the first step in the pathway towards Workshop one QPS accreditation and participation is compulsory for all legal practices pursuing this stamp of distinction. Peter Liron Principal Consultant, Pace Enterprises Level: General

1 point, Competency 1, Practice Management 1 point, Competency 3, Ethics and Professional Responsibility

Participant 1 and 2 - $230 Participant 3 onwards - $160

The Law Society of Western Australia’s Quality Practice Management Practice Standard reflects excellence in legal practice management. It is a means by which firms and Thursday, 1 June practices can enhance competitiveness, deepen client relationships, mitigate risk and ensure that accountability 3.45pm – 6.00pm in service excellence is upheld. QPS Accreditation Completed the QPS Accreditation Workshop one? This elective workshop is for legal practices on the pathway Workshop two towards QPS accreditation. It builds on the key learning Peter Liron gained in the first workshop, but offers you and your team further support and coaching. Principal Consultant, Pace Enterprises Level: General

1 point, Competency 1, Practice Management 1 point, Competency 3, Ethics and Professional Responsibility Participant 1 and 2 - $230 Participant 3 onwards - $160

Ethics When dealing with the Legal Profession Complaints Committee it is important to think carefully before alleging wrongdoing on the part of another practitioner. Given the potentially serious Friday, 16 June repercussions to professional reputation, allegations of misconduct against a fellow practitioner should not be made lightly or upon 1.00pm – 2.00pm flimsy evidence. Allegations made without proper cause and unsubstantiated by evidence may turn the disciplinary tables the other way and result in further conduct issues being investigated Ethics on Friday: pointing the finger by the LPCC.

Philippa Rezos Hear about past and current matters dealt with by the LPCC where Manager Rapid Resolution Team practitioners have shown to have made unjustified allegations Legal Profession Complaints Committee of misconduct against other practitioners thereby subjecting themselves to professional discipline.

A light lunch is provided.

Level: General 1 point, Competency 3, Ethics and Professional Responsibility Member - $137 Non-member - $197 CPD Active - $0 RegisterStart learning online online at lawsocietywa.asn.au/cpd at elearning.lawsocietywa.asn.au SEMINARS 15

Family 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 considers 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- Asset protection and family lawyers alike. the Family Court This seminar considers: • the treatment of discretionary trusts in the Family Court Chair: Trevor O’Sullivan • the treatment of trusts in general in such as testamentary Partner, O’Sullivan Davies trusts and unit trusts • how the Family Court deals with offshore assets John Butler • is it possible to “Family Court Proof” a trust or asset or Principal, Butlers financial arrangement? Can you at least mitigate the risk? • Binding Financial Agreements: are they watertight?

Level: Intermediate/Advanced

1 point, Competency 4, Substantive Law Member - $99 Non-member - $99 CPD Active - $20

Personal Property Much has happened since the PPSA commenced operation four years ago. This innovative and complex legislation overhauled many long entrenched common law and equitable principles relating to personal property securities. Several court decisions have shed light on the Developments in PPSA scope and application of the legislation including what is Chair: David John encompassed by a ‘security interest’, the consequences Partner, Herbert Smith Freehills of failure to register, and the consequences of mistakes on the register. Linda Widdup discusses the decisions of Linda Widdup the Australian courts, as well as the recommendations Lecturer, Curtin Law School arising from a statutory review of the legislation.

Level: General

1 point, Competency 4, Substantive Law

Member - $99 Non-member - $99 CPD Active - $20

Personal Injury The laws governing compulsory motor vehicle insurance in Western Australia changed on 1 July 2016 with the introduction of the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA). The expanded motor injury insurance cover provides treatment, care and support for people who are catastrophically injured in a Motor Vehicle (Catastrophic vehicle crash in Western Australia, irrespective of whether another driver is found at fault in the crash. Injuries) Act 2016 (WA) Geoff Bourhill and Fab Zanuttigh provide a detailed overview of Chair: Jeff Potter the changes including all of the entitlements and exclusions, and will assess the practical impact of the changes on motor vehicle Partner, Friedman Lurie Singh & D’Angelo insurance in Western Australia. Geoff Bourhill This seminar is highly recommended for all practitioners who Barrister, Francis Burt Chambers practice in the area of motor vehicle accident claims and personal injury law. Fab Zanuttigh General Manager CTP Insurance Level: General Insurance Commission of Western Australia 1.5 points, Competency 4, Substantive Law Member - $149 Non-member - $149 CPD Active - $20

Corporate Lawyers will often be asked to attend company meetings and also, at times, to act as directors of their client companies. This seminar focuses on the law, practice and procedure of meetings for both shareholder and creditors meetings. Experienced speakers provide practical tips on how to deal with Issues relating to company problem areas such as the formalities of convening meetings, drafting and amendments to resolutions, the proper conduct of meetings and lawyers acting meetings, who can attend meetings and who can appoint a proxy. as directors This seminar also focuses on lawyers acting as directors of their client companies and the potential conflict and ethical issues Chair: Roger Davies arising from such appointments and how best to avoid to them. Partner, Ashurst Level: Intermediate/Advanced Stephen Penrose Partner, Tottle Partners 0.5 point, Competency 3, Ethics and Professional Responsibility Marc Wilshaw 1 point, Competency 4, Substantive Law Partner, DLA Piper Member - $149 Non-member - $149 CPD Active - $20

The law of contract is a fundamental area of law which crosses over into so many practice areas. This contract law masterclass focuses on: Contract Litigation • current case law on the vexed issue of contract interpretation and when you can use extrinsic evidence to interpret the terms of a written contract including discussion of the High Court decision of Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 • when does a contract become binding? Recent controversies and the latest case law including analysis of when pre-contractual negotiations Contract law masterclass become binding contracts; whether “subject to contract” negotiations offer protection; the danger of email chain negotiations and when does a legal Chair: Matt Howard SC, Barrister, Francis Burt Chambers practitioner have authority to bind a client • equitable remedies for breach of contract, including specific performance, Dr Pat Saraceni, Director, rectification and injunctions and the characteristics and aim of each of these Litigation and Dispute Resolution, Clifford Chance remedies, how they differ from common law remedies and analysis of recent developments in each of these areas Fiona Vernon, Barrister, Francis Burt Chambers • the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 came into effect on 12 November 2016 and the implications Kim Lendich, Barrister, Francis Burt Chambers for small business and the importance of reviewing standard form contracts Marcus Solomon SC, Barrister, Quayside Chambers to ensure that terms contained are not found to be void and unenforceable Level: Intermediate/Advanced 3 points, Competency 4, Substantive Law Member - $299 Non-member - $299 CPD Active - $20 16 CPD EDUCATION PROGRAMME FEBRUARY–JUNE 2017

Ethics Litigation Ethical dilemmas in advocacy is essential for all litigation and dispute resolution practitioners. Craig Slater discusses the various conduct rules relating to advocacy and, in particular, duties in relation to: Ethics on Friday: ethical • duty of accuracy and gathering sufficient evidence to found a serious allegation dilemmas in advocacy • independence • witnesses statements and integrity of evidence Craig Slater • correcting the record Barrister, Francis Burt Chambers • obligations to colleagues • negotiations and mediations • undertakings • dealings with insured witnesses

Level: General

1 point, Competency 3, Ethics and Professional Responsibility Member - $99 Non-member - $99 CPD Active - $20

Commercial Shareholder and joint venture agreements are essential commercial documents that help reduce the likelihood of future disputes and provide the framework for resolving issues that do arise. This seminar examines key characteristics of these two forms of agreements and Shareholder and joint venture will provide practical tips on how to properly document agreements and disputes the agreement process including valuations. The seminar also looks at how the dispute process (e.g. mediation Simon Salter leading to court action or arbitration) works and provides Partner, K&L Gates practical tips on how to handle disputes that can arise. Adam Myers Partner, Corporate Finance, BDO Level: Intermediate/Advanced

1 point, Competency 2, Professional Skills 0,5 point, Competency 4, Substantive Law

Member - $149 Non-member - $149 CPD Active - $20

Estate Planning Succession This seminar provides practical tips on what to do when receiving urgent instructions to draft a will or EPA to ensure that they effectively carry out the client’s wishes and to avoid any potential claims. The seminar focuses on: Urgent wills and assessing a • Assessing mental capacity • The difference between “capacity” and “knowledge and client’s mental capacity approval” (Veall v Veall [2015] VSCA 60) • Dealing with non-English speaking clients Chair: Elizabeth Heenan • Assessing if the client is acting as a result of undue influence Special Counsel, Culshaw Miller Lawyers • Knowing when not to take instructions (if possible). Greg Mohen • The benefits and risks of using checklists and templates Partner, Kott Gunning • Why detailed instructions and attendance notes are important • Would preparing a codicil (as opposed to a new will) limit the Rebecca Rorrison risk if capacity or knowledge and approval are in doubt Senior Legal Officer (Rapid Resolution Team), • Are applications for a statutory will an option worth Legal Profession Complaints Committee considering? Member - $99 Non-member - $99 CPD Active - $20 Level: General 1 point, Competency 2, Professional Skills

Essentials of advocacy Friday, 9 June 2017

Designed for practitioners new to advocacy, Essentials of advocacy provides essential information to advance legal knowledge and advocacy skills. Hear from a distinguished cast of pre-eminent members of the legal profession on case presentation and theory, opening and closing statements, examination and cross examination of witnesses and what makes a good advocate.

SAVE THE DATES | Stay tuned for further details

Practical advocacy weekend Saturday, 4 August - Sunday, 5 August 2017

This intensive course offers practical exercises in small groups with guidance and constructive feedback from volunteer teachers who are experienced advocates, including barristers and members of the judiciary. Attendees perform as advocates in a simulated courtroom environment, supported by a student/teacher ratio of six to two. Experienced teachers observe the performances and use proven techniques to deliver effective feedback. lawsocietywa.asn.au Register online at lawsocietywa.asn.au 17

Events connecting you in the profession

Be inspired and informed Connect and socialise

Participate in our educational events which aim to provide the The Law Society hosts a range of events for members and non- profession with high quality and engaging content from well- members throughout the year including social, sporting and special respected speakers. Key highlights include: interest events. Key highlights include: • Society Club cocktail events, two functions planned for 2017. • Law Summer School, Friday, 17 February 2017, Free for members. The University Club, Crawley • Beach Volleyball Tournament hosted by the Law Society’s Young Lawyers Committee, Friday 24 February 2017, SandSports • Sole Practitioner and Small Firm Forums, three forums Australia, Nedlands planned for 2017. Free for members. • Pilates Classes, running in April 2017, Free for members. • Inter Profession Networking events hosted by the Law Society’s Young Lawyers Committee. Two events planned for 2017, keep an eye on our website or the YLC Facebook page.

Essentials of advocacy Friday, 9 June 2017

Law Week showcases events which provide the opportunity for the 2017 is a momentous year for the Law SAVE THE DATES | Stay tuned for further details community and the legal profession to engage in open dialogue and Society, marking the 90th anniversary build a shared understanding of the role of law in society. It as an since its formation in 1927. Throughout excellent opportunity for the profession to promote its role in enabling the year we will be reflecting on the an open, independent and unbiased judicial system. The Law Society Society’s achievements and promoting Practical advocacy weekend is proud to deliver these key events for the profession: the Society’s role in the history of the Saturday, 4 August - Sunday, 5 August 2017 Western Australian legal profession. We • Law Week Breakfast and the 2017 Attorney General’s Community are delighted to invite all members to Service Law Awards, Monday, 15 May 2017, Parmelia Hilton Perth This intensive course offers practical exercises in small groups attend our key event in the celebrations: with guidance and constructive feedback from volunteer teachers • Walk for Justice, Tuesday, 16 May 2017 who are experienced advocates, including barristers and • Law Week Panel Presentation hosted by the Law Society’s Young • 90th Anniversary Cocktail Party members of the judiciary. Lawyers Committee, Wednesday, 17 May 2017, Supreme Court of Thursday, 15 June 2017, Western Australia Perth Town Hall Attendees perform as advocates in a simulated courtroom • Law Week Cocktail Party and 2017 Lawyer of the Year Awards, environment, supported by a student/teacher ratio of six to two. Thursday, 18 May 2017, Bankwest Place, Perth Experienced teachers observe the performances and use proven techniques to deliver effective feedback. lawsocietywa.asn.au CONNECTING YOU IN THE PROFESSION

Be supported Reflect excellence Connect and stay in the know

• Access three free counselling • Access high quality CPD seminars • Create a network beyond sessions per year through with over 200 leading speakers your firm LawCare WA and access to online eLearning • Attend social and sporting events • Receive ethical and practice seminars • Engage through the Law Society’s guidance through the Senior • Gain accreditation and formal social media channels Advisors Panel and Practitioner recognition in the field of Family Advice Referral Scheme Law through the Accredited • Keep up to date with changes • Utilise the Law Society’s wellness Family Law Specialist programme in the profession and legislation through access to Law Society programme by participating in • Promote commitment to legal publications events such as yoga, pilates and practice management through wellbeing seminars Quality Practice Standard accreditation

Contribute to your profession and community Join the Law Society

• Join one of 30+ active committees and help influence If you are interested in joining the Law Society or have any the agenda queries on your existing membership, please contact (08) 9324 8692 or [email protected] • Participate in one of the Law Society’s mentoring programmes Visit our website for further information on member initiatives at lawsocietywa.asn.au • Contribute to Law Access and provide pro bono legal assistance to individuals in need lawsocietywa.asn.au