BUSINESS LAW
The Business law stream will be held on Friday 27 November 2020.
Program subject to change
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Time |
Topic |
Speaker |
CPD units |
Knowledge area |
|
8.45am-8.50am |
President's welcome | Richard Harvey* President The Law Society of NSW Chair Law Society's Specialist Accreditation Board |
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| 8.50am- 8.55am | Chair's welcome |
John Graves* Principal Bradfield & Scott Lawyers |
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| 8.55am- 9.00am | Lawcover sponsor message |
Kerrie Lalich Chief Executive Officer Lawcover |
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| 9.00am-10.00am |
Legislative developments around insolvency law
2020 has been a strange year for everyone – and the same is true in insolvency law reform. This session will cover law changes at the start of the year which significantly increased the personal liability of directors; and also the governments attempts to clamp down on the unhelpfully named ‘illegal phoenixing’. Further significant law reforms were introduced to alleviate the impact on businesses and give protection to directors during COVID-19. Some of these reforms have been extended and some may become permanent – time will tell. Now at the end of the year the government has introduced what it says is the most significant law reform in insolvency in 30 years – which doesn’t explain why the Government only allowed 5 days’ consultation on the draft legislation; why it still hasn’t released the regulations which will contain the substantive parts of the new law; or why it is still proposing to have the new laws commence on 1 January 2021. 2020 has been an ‘interesting’ year in insolvency and 2021 may be even moreso. |
Stephen Mullette* Principal Matthews Folbigg Lawyers |
1 | Substantive Law |
|
10.05am-11.05am
|
Australian Consumer Law
review |
Flo Mitchell* Partner FM Legal
|
1 | Substantive Law |
| 11.10am-12.10pm |
Drafting contracts of employment
At the most basic level, an employment relationship is a contractual relationship between an employee, who promises to perform duties for an employer, and an employer, who agrees to remunerate the employee for that service. An employment contract may be verbal or in writing, and when in writing it can be constituted by one document or a series of communications. It is best practice to have a comprehensive, written contract of employment in place for all employees, but unfortunately not all employment contracts are created equal.
In this presentation, we will cover:
• what should be included in a written contract in relation to an employee's duties, types of employment, hours of work and location;
• how an employee's remuneration and other financial and non-financial benefits should be dealt with in the contract;
• why it is important to include effective confidentiality restrictions and intellectual property protections;
• how to deal with the termination of the employment relationship and related issues;
• how to prepare and draft effective post-termination restrictions; and
• how an employment contract interrelates with relevant modern awards, enterprise agreements, the National Employment Standards, and company policies and procedures. |
Brett Feltham*
Partner Gadens |
1 | Substantive Law |
| 12.10pm- 1.00pm | Lunch |
|||
| 1.00pm- 2.00pm |
Update on Franchise Law including buying and selling franchises
Disclosure and obligations of good faith - Some recent cases concerning breaches of the Franchising Code of Conduct prosecuted by the ACCC and what we have learnt concerning obligations of good faith and disclosure.
Civil Penalty Provisions - Powers of the Court to impose civil penalties on directors or officers that do not act in accordance with the Franchising Code of Conduct.
Advising franchisees/franchisors.
Issues concerning the exercise of options to extend the franchise agreement.
Issues concerning the restraints contained in a franchise agreement and how that may be impacted by Section 23 of the Franchising Code of Conduct.
Matters concerning territorial breaches and parties’ obligations to observe a territory that forms part of the franchise agreement.
Dealing with operational breaches of a franchise.
Occupancy of premises by a franchisee and their inclusion in the franchise agreement. |
Nick Birbas*
Partner Newhouse & Arnold Solicitors |
1 | Substantive Law |
| 2.05pm- 3.05pm |
Business succession planning and superannuation
This presentation will focus on the legal and practical issues which legal advisors and their clients should consider when addressing the topic of business succession planning for private businesses. In particular, this session will cover the following key topics:
1. The value of an effective and well drafted buy/sell agreement for multi-owner businesses.
2. Key terms of a buy/sell agreement.
3. Funding issues and structuring insurance arrangements.
4. Issues with superannuation policy ownership.
5. Tax implications arising from buy/sell arrangements.
6. Other stakeholder agreements (such as shareholder agreements, partnership agreements and unitholder agreements).
7. Employment / management succession plans.
8. Intergenerational family succession planning. |
Amanda Comelli*
Senior Associate Brown Wright Stein |
1 | Substantive Law |
| 3.10pm- 4.10pm | Intellectual property law: conducting business in the new digital environment | Michael Williams Partner Gilbert + Tobin |
1 | Substantive Law |
| 4.10pm- 4.15pm | Chair close of day |
John Graves*
Principal Bradfield & Scott Lawyers |
Sessions on demand
|
Topic |
Speaker |
CPD units |
Knowledge area |
|
PPSA in business and property transactions
This session will provide a refresher on the impact of the PPSA on business and property transactions. In particular, the session will cover:
• how to identify a security interest;
• transactions to which the PPSA does not apply;
• purchase money security interests;
• how and when to perfect a security interest;
• premises leases and the PPSA;
• equipment leasing;
• managing PPSA issues when buying or selling a business or business assets. |
Craig Wappett Partner Johnson Winter & Slattery |
1 | Substantive Law |
|
Ethical case studies in property and business law
In this session Senior Legal Ethics Solicitor Paul Monaghan will explore a number of current ethical issues for property and business lawyers. Topics covered include dealing with other solicitors, banks and property developers; confidentiality, disclosure and obligations to clients; and conflicts involving transactions or multiple parties, referrals and solicitor interests. |
Paul Monaghan* Senior Ethics Solicitor The Law Society of NSW |
1 | Substantive Law |
|
Update on electronic contracting including electronic execution
This presentation will include a review of the various ways in which the law has changed to allow the formation, signing and witnessing of documents (including deeds) without the traditional ‘wet ink on paper’ being required. The changes have been felt in nearly all aspects of legal practice and have in some instances increased the time burden on solicitors.
We will look at the Electronic Transactions Acts (Commonwealth and NSW), the Electronic Conveyancing legislation, the 2018 amendments to the Conveyancing Act, the practices of various government departments or instrumentalities such as ASIC and some more recent developments implemented as a response to the Covid-19 pandemic. The latter changes are expressed to be temporary but there is a question whether it is helpful for these changes to automatically terminate when the government decides that the pandemic has passed in circumstances where for many the way in which we practice has and will remain irrevocably changed by the pandemic. |
Michelle McCartney* Solicitor/Director McCartney Young Lawyers |
1 | Substantive Law |
|
Recent amendments to revenue law
This session will examine recent legislative changes and administrative practices, including COVID-19 related measures, and cases affecting NSW stamp duty and land tax, including:
* important changes affecting discretionary trusts and foreign duty and land tax surcharges
* new revenue ruling on deceased estates
* COVID-19 duty and land tax relief measures
* recent cases on duty and land tax
* administrative practices affecting common property transactions. |
Andrew Rider
Barrister Level 22 Chambers |
1 | Substantive Law |
|
Registered and equitable mortgages – enforcement and remedies
This seminar will cover mortgagees and mortgagors rights and remedies in relation to the enforcement of registered and equitable real property mortgages. The seminar will cover procedural requirements and rights and obligations under the Real Property Act 1900 (NSW), the Conveyancing Act 1919 (NSW), the National Credit Code, the Farm Debt Mediation Act 1994 (NSW), the Banking Code of Practice and the Contracts Review Act 1980 (NSW) as well as considering the legal principles in relation to unjust contracts and unconscionability at general law and in a statutory context. |
Peter Newton
Barrister 11th Floor, St James Hall |
1 | Substantive Law |
*speaker is an Accredited Specialist
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