This seminar addresses the key taxation issues and recent updates you need to be aware of when advising your clients in:

·       GST and CGT implications

·       Key taxation issues when litigation issues arise in commercial matters

·       Your responsibility to advise or alert clients to the possibility of their tax liability in transactions.

This seminar is aimed at litigators and general practitioners with minimal tax knowledge.

F John Morgan, Barrister, Victorian Bar

Jeremy Geale, Barrister, Victorian Bar

·                     Application of dishonest exclusions

·                     Known circumstances exclusion

·                     D&O costs of defence clause

·                     Consequences of failure to make a prompt admission of policy indemnity

·                     Accidental death wording

Conveyancing is a high risk area for practitioners.  This seminar identifies some of the key risk areas in conveyancing practice to help you avoid pitfalls that can result in negligence claims, and will cover:

·        Avoiding defects in Section 32 Statements

·        Issues with owner builders & plans of subdivision

·        Dealing with delays – legal and practical issues

·        GST and Duty issues

Drafting contracts is a complex task – but getting the drafting correct is even more challenging. This practical seminar will equip you with strategies aimed at creating watertight contracts and covers:

• How to minimise errors by understanding the elements of drafting 
• Implied and express terms – how best to use them
• Potentially ‘problematic’ clauses and best to deal with them
• Common boiler plate provisions
• Understanding the Trade Practices Act 1974 and its impact on drafting

This seminar will cover recent case law and developments relating to:

·        Equitable unconscionable conduct doctrines

·        Statutory unconscionability under the Trade Practices Act 1974 (Cth), Fair Trading Act 1999 (Vic) and other similar legislation

·        Other equitable doctrines, including estoppel, relating to unconscionable conduct

This seminar will guide you through the process of establishing a Family Trust, and will cover:

• The different types of trusts & their benefits
• How to set up a Family Trust
• Components of a Family Trust
• The advantages/disadvantages of establishing a Family Trust
• Trust cloning - What is it? When might it be used? What are the risks?
• Financial and taxation considerations

To be advised

Tim Graham, Partner, McKean Park Lawyers

Leslie Clements, Principal, Clements & Co Lawyers

Rules of Evidence can essentially make or break a case.  This seminar will deal with some fundamental rules of:

• Legal Professional Privilege
• Without Prejudice Privilege
• Hearsay
• Admissibility of expert evidence

It will also deal with the common law and common pitfalls to overcome.

Legal practitioners especially litigators

Provisions in Part 2B of the Fair Trading Act 1999 (Vic) amended in 2009 and the Trade Practices Amendment (Australian Consumer Law) Bill 2009 to be passed and come into effect from 1 January 2010.  This seminar deals with:

• What do these amendments mean?
• What contracts will be affected?
• How will a contract be found to be ‘unfair’?
• Are there any exceptions?

This seminar will give a refresher on the basics of superannuation splitting orders and agreements.  It will cover:

• The essential components of orders and agreements;
• Common errors made in orders and agreements;
• Some problems for Self-managed superannuation funds (SMSFs) in implementing orders/agreements; and
• Case studies to illustrate some of the issues/problems that may arise

The recent amendments to the Trade Practices Act 1974 (Cth) prohibit a corporation from making, or giving effect to, a contract, arrangement or understanding containing a cartel provision. This seminar will examine:

• What are the key provisions?
• The relationship with exclusionary provisions.
• What are the exceptions?
• How does this affect joint ventures?
• The ACCC and DPP immunity policy.
• The MOU between the ACCC and the DPP