cle.unsw.edu.au

UNSW CPD SeminarsMay & June 2018

ContinuingLegal Education

Cyber SkillsSaturday 12 May 2018 | 10:00-15:00; 13:00-15:00 Law G02, Law Building, UNSW Kensington Campus

CPD Points: Five (5)Category: Substantive Law

CLE SEMINAR PROGRAM

10:00 am Online Fraud and Frauds Targeted at Professional Services

Speaker: Ken GAMBLE, IFW Global

• Common mistakes made by fraud investigators and those companies that are victimised by online fraud.

• Type and techniques of fraud most relevant to professional services such as payment service diversion, supplier compromise and others.

• Emerging fraud binary and cryptocurrency frauds.

• Why fraud cases, civil and criminal, fail in cross border cases.

• Most common online tools and resources used by cyber fraud investigators to track and identify offenders online and gather evidence in the digital world

• How to acquire strategies and tactics to ensure success when dealing in foreign jurisdictions.

• How to obtain and inspect corporate details.

• How to work effectively with foreign agencies.

Please note that the 12:30 to 2:30 session will be about cybersecurity practices and tools.

12:00 pm Exploration of online ToolsUsed both for Fraud Investigations and elements you need to be aware of so that you are not susceptible to fraud targeting profession-al services, such as lawyers and accountants.

Speaker: Josh OASTLER, IFW GlobalAlana MAURUSHAT, UNSW LawLearn how to encrypt and best cybersecurity practices for lawyers.

Learn and explore these types of online tools such as:

• downforeveryoneorjustme• vpn• proxify• iplookup• snagit• maltego• web2pdfconvert.com• encryption methods and

platforms• Tin eye & Google image

recognition search• www.archive.com• domain tools• flagfox plugin

Additionally this protocol will introduce you to and explain the new Cybersecurity Protocol for ar-bitration and lawyers introduced in April 2018.

2:00 pm Closing discussion

Mandatory Rule 6.1 for All LawyersWednesday 23 May 2018 | 8:30am - 12:30pm UNSW CBD Campus

CPD Points: Four (4)Category: Substantive Law,

Professional Skills, Business Skills & Ethics

CLE SEMINAR PROGRAM

8:30am Introduction from Chair

Chair: Frances MOFFITT, Compliance Solicitor, Law Society of New South Wales

8:40am Opening Remarks

Speaker: His Honour Judge Rolf DRIVER, Federal Circuit Court of Australia

Ethics and Professional Responsibility

9:00am Topic 1: Are Good Ethics Bad for Business?

Speaker: Linden BARNES, Senior Ethics Solicitor, Law Society of New South Wales

• How do ethics impact on ourrelations with our clients?

• When do we have to terminateretainers for ethical reasons?

• What instructions must we re-fuse?

• How do we raise ethical issueswith clients?

Professional Skills

9:45am Topic 2:The Game of the Name – How to Apply the Cases ThatHave Given Their Names toRemedies and Costs Orders

Speaker: Angus MACINNIS, Director of Dispute Resolution Ste-vens Vuaran Lawyers

• Remedies – Mareva (freezing),Anton Piller (search), andSabre Corporation order

• Costs – Bullock and Sandersonorders and Calderbank letters

• The skills necessary to deploy(and defend) the “name orders”,including effective drafting, useof relevant Practice Notes, andidentification of evidence

10:35am Morning Tea

Substantive Law

10:45am Topic 3: Crossing the Line:Behaviour that Gets Lawyers into Trouble

Speaker: Aditi RAO, Barrister, Level 22Chambers

• What is sexual harassment, andhow is it different to unwelcomeconduct?

• The reasonable person test• What does ‘in the course of

practice’ mean?• Criminal law issues• Bystanders and accessory lia-

bility• Closing discussion

Practice Management and Business Skills

11:30am Topic 4: Strategies to Help You Win More Work

Speaker: James BACON, Co-Founder and Director, Monte Rosa

• How clients buy legal services• What stops clients from changing

their legal provider, even whenthey are dissatisfied with them

• Strategies for disrupting thestatus quo and winning morework

12:25pm Final Questions and Close

Recent Developments in Real PropertyWednesday 23 May 2018 | 1:00pm - 5:00pm UNSW CBD Campus

CPD Points: Four (4)Category: Substantive Law

CLE SEMINAR PROGRAM

1:00pm Introduction from Chair

Chair: Patricia LANE, Barrister, Level 22 Chambers

1:10pm Topic 1: Getting Up to Speedon E-Conveyancing

Speaker: Peter ROSIER, Principal Solicitor, Rosier Partners

2:05pm Topic 2: Practical Case Management of Complex Real Property Disputes

Speaker: Philip BAMBAGIOTTI, Barrister,Tenth Floor St James Hall Chambers

3:00pm Afternoon Tea

3:10pm Topic 3: Easements – Recent Developments – Stolyar vs Towers [2018] NSWCA 6

Speaker: Sandrah FODA, Barrister, Tenth Floor St James Hall Chambers

• Easements general overview• Elements required for an

easement• Noting Clos Farming Estates

Pty Ltd v Easton (2002) 11BPR 20,605; [2002] NSWCA389, what are the applicableprinciples in determining thefourth condition from In ReEllenborough Park [1956] Ch131 which requires that theright be capable of forming thesubject matter of a grant?

• How to construe an easement,

which is embodied in an instrument registered in respect of land under the Real Property Act 1900 (NSW)

• Validity of the easement anda consideration of the mattersidentified as relevant by theCourt of Appeal in Registrar -General of New South Walesv Jea Holdings (Aust) Pty Ltd(2015) 88 NSWLR 321; [2015]NSWCA 7

• When considering the validityof an easement, considerationwill be given to the degree towhich the rights conferred bythe said easement interferewith the servient owner’sexclusive possession of theland. What is the current testand who has the onus?

4:05pm Topic 4: Recognising Equitable Claims – How One Might Avoid Them

Speaker: Patricia LANE, Barrister, Level 22 Chambers

5:00pm Questions and Close

Drafting and Interpretation of Commercial ContractsWednesday 30 May 2018 | 1:00pm - 5:00pm UNSW CBD Campus

CPD Points: Four (4)Category: Substantive Law &

Professional SkillsCLE SEMINAR PROGRAM1:00pm Introduction from ChairChair: Professor Gregory

TOLHURST, Executive Director of the NSW Bar Association and Professor of Commercial Law at the Faculty of Law, University of Sydney

1:10pm Topic 1: Construction of Contracts - A Practical Guide

Speaker: Dr Elisabeth PEDEN, Barrister, 3 Wentworth Chambers

The session will consider in an interactive way:• Key principles of construing

contracts and their applicationto all agreements

• What evidence is admissibleand whether ambiguity is a‘gateway’

• The difference betweena textual and contextualapproach to construction

• The different approaches ofEnglish and Australian courtsincluding the High Court ofAustralia

2:05pm Topic 2: Lessons on Contract Drafting

Speaker: Mr Anthony CHESHIRE SC, Barrister, 8th Floor Wentworth Chambers

• The correction of errors indrafting – using the processof interpretation and also

rectification• Acting outside of the contract

– side agreements andestoppels

• Dispute resolution, mediationand arbitration clauses

• Unfair contracts and othervitiating factors

3:00pm Afternoon Tea

3:10pm Topic 3: Implied Terms

Speaker: Kunal SHARMA, Teaching Fellow, UNSW Law

• What are implied terms, asdistinct from express terms?

• Implication of terms incommercial contracts – somegeneral comments

• Terms implied in fact• Terms implied by custom• Terms implied in law

4:05pm Topic 4: General Discussion of Contracts by Conduct

Speaker: Alexander H EDWARDS, Barrister, Level 22 Chambers• Key principles of contract

formation and entering legalrelations prior to formaldocumentation.

• Contracts implied by theconduct of the partiesfollowing termination ofexisting contract.

• The requirement (or not)for precision in contracts byconduct in both pre-contractnegotiations and impliedcontract.

5:00pm Questions and Close

The 2018 Contract for the Sale of LandWednesday 30 May 2018 | 8:30am - 12:30pm UNSW CBD Campus

CPD Points: Four (4)Category: Substantive LawFacilitator: Tony CAHILL

CLE SEMINAR PROGRAM

8:30am Introductory Remarks

A new edition of the 2018 edition of the Joint Copyright Contract for the Sale and Purchase of Land was released on 14 May 2018. The changes are the most wide-ranging for several years. In this session Tony Cahill will highlight the key changes, and address some perennial problems in vendor / purchaser transactions.

Among the topics covered:

• Key drivers for change inthe 2018 edition.

• Transitioning betweeneditions - when is itinappropriate ordangerous to use anearlier edition?

• The GST at settlementwithholding measure - thelegislative framework,notice requirements,transitional issues andpractical implications

• PEXA and the approachingeConveyancing mandates

• Strata renewal - additionalprotection for purchasers beyondthe statutory warranty

• Crown land consent clause -amended and extended

• Other changes in the 2018 edition• The developing caselaw on

(attempts to) "stagger" the deposit• Deposit alternatives

10:30am Morning Tea

12:30pm Close

Strata and Leasing Matters at NCATThursday 31 May 2018 | 8:30am - 12:30pm UNSW CBD Campus

CPD Points: Four (4)

Category: Substantive Law

CLE SEMINAR PROGRAM

8:30am Introduction from Chair

Chair: Jane CRITTENDEN, Principal,Jane Crittenden Lawyer

8:45am Keynote Address: The Consumer and Commercial Division of the NSW Civil and Administrative Tribunal

Speaker: Principal Member Kim ROSSER, NCAT Consumer and Commercial Division

9:20am Topic 2: A Review of Recent Changes for Residential Strata Schemes

Speaker: Paul JURDECZKA, Partner, Chambers Russell Lawyers

• The Building Products (Safety)Act 2017 & Regulation

• Case Highlights: some decisionsto note

• Part 11 of the Strata SchemesManagement Act 2015: CurrentStatus

10:05am Morning Tea

10:15am Topic 3: Part 10 of the Strata Schemes Management Act 2015

Speaker: Tom DAVIE, Barrister, Queen’s Square Chambers

• What it does and how it issupposed to work

• Applying to court• Issues and pitfalls• The future

10:40am Topic 4: Managing Common Property Repair Claims for Strata Plans

Speaker: Carlos MOBELLAN, Barrister, 3 St James Hall Chambers

11.35am Topic 5: Managing Leasing Matters at NCAT

Speaker: Andrew GRIMA, Principal and Head of Property and Finance, Coleman Greig Lawyers

• What is the NCAT and how doesit relate to leasing matters?

• Legal representation beforeNCAT

• The process• Recent leasing cases before the

NCAT

12:30pm Close

Intellectual Property in IoT, AI, Blockchain and BeerWednesday 6 June 2018 | 8:30am - 12:30pm UNSW CBD Campus

CPD Points: Four (4)

Category: Substantive Law & Professional Skills

CLE SEMINAR PROGRAM

8:30am Introduction from Chair

Chair: Frank FOTEA, UNSW Head of Legal (Enterprise), Knowledge Exchange - UNSW Division of Enterprise

8:40am Topic 1: Negotiating and drafting IP Commercialisation Agreements

Speaker: Donna SHORT, Partner, Addisons• Negotiating key terms - issues

to consider for different types of IP

• Types of commercialisation arrangements - pros and cons of different options

• Commercial considerations for a commercialisation project

• Drafting – tips and tricks• Cross-border issues

9:35am Topic 2: The Internet of Things

Speaker: Michael GREEN SC, Barrister,Level 22 Chambers

10:30am Morning Tea

10:40am Topic 3: Craft Beer, Printer Cartridges, Bohemians and More: Practical Tips from Recent Developments in Trade Marks

Speaker: Anna SPIES, Barrister, 5 Wentworth

• Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty Ltd [2018] FCAFC 29

• Seiko Epson Corporation v Calidad Pty Ltd [2017] FCA 1403

• Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447

• Primary Health Care Limited v Commonwealth of Australia [2017] FCAFC 174

• Autumnpaper Ltd v Metropolitan Investment Group Pty Ltd [2017] FCA 1578

• Anchorage Capital Partners Pty Limited v ACPA Pty Ltd [2018] FCAFC 6

• Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235

11:35am Topic4:ArtificialIntelligenceand Blockchain - What are the Implications for IP Commercialisation?

Speaker: Michael WILLIAMS, Partner, Gilbert + Tobin

• What is AI and Blockchain – Applications

• Why worry?• Copyright

Who is / are the author / authors?

• Patents• How your practice is likely to be

affected• What can I do to keep up?

12:30pm Close

Advanced Accounting for LawyersWednesday 6 June 2018 | 1:00pm - 5:00pm UNSW CBD Campus

CPD Points: Four (4)

Category: Substantive Law

CLE SEMINAR PROGRAM

Facilitator: Professor Robert DEUTSCH,Senior Tax Counsel / Head of Education, Tax Institute

1.00pm Session 1: A review of the basics: The Balance Sheet the Income Statement and the Cashflow Statement and howthey interrelate

2.00pm Session 2: Manipulating the Data

Earnings Manipulations1. Recording Revenue Too Soon2. Boosting Income Using One-off

or Unsustainable Activities 3. Shifting Current Expenses to a

Later Period4. Employing Techniques to Hide

Expenses5. Recording Bogus Revenue

CashflowManipulations1. Shifting Financing Cash Inflows

to the Operating Section2. Shifting Normal Operating Cash

Outflows to the Investing Section3. Inflating Operating Cashflow

Using Acquisitions or Disposals4. Boosting Operating Cash Flow

Using Unsustainable Activities

Ratio Manipulations

1. Showcasing Misleading Ratios That Overstate Performance

2. Distorting Balance Sheet Ratios to Avoid Showing a Deterioration

3.15pm Morning Tea

3.30pm Session 3: Some Case Studies

• A Simple Small Business Manipulation

• A More Complex Case Study

4.15pm Session 4: Conclusions and the Red Flags that highlight the problem areas

5.00pm Close

About the Presenter:

Professor Robert DEUTSCH, Senior Tax Counsel / Head of Education, Tax Institute

Prof. Bob Deutsch is a former head of school at ATAX, and formerly a Director at KPMG. He has written and taught extensively about concepts of Taxation and revenue regulation.

Tick first box of seminar(s) attending in-person(Each course cost includes tuition, materials and refreshmants)

Tick second box if purchasing audio recordings and papersMandatory Rule 6.1 23 May 2018 $440for All LawyersRecent Developments 23 May 2018 $440 in Real PropertyDrafting and 30 May 2018 $440Interpretation of Commercial ContractsThe 2018 Contract for 30 May 2018 $440the Sale of LandStrata and Leasing 31 May 2018 $440Matters at NCATIntellectual Property 6 June 2018 $440 in IoT, AI, Blockchain and BeerAdvanced Accounting 6 June 2018 $440for Lawyers

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