22 APR 2017 // Southport Courthouse

CPD

GOLD COAST BAR ASSOCIATION PRESENTS

CONFERENCE HANDBOOK

Good morning ladies and gentlemen.

As the President of Gold Coast Bar Association, it gives me great pleasure to welcome you all to the 2017 CPD Big Day Out Conference.

Today, you will have an opportunity to hear from our guest speakers who have a broad range of experience and expertise in those areas of law under discussion.

Importantly, delegates will be given the opportunity to engage in discussions, exchange information and opinions and network with other professionals.

I would like to take this opportunity to thank Lexis Nexis who are the sponsors of this Conference:

I thank the presenters for your generous support. Without your assistance, this conference would not have been possible.

I would also like to congratulate members of the Conference Organising Committee, who have worked tirelessly in recent months to secure the guest speakers, coordinate the business program and put together what I am sure will be a first-class event.

On behalf of the Gold Coast Bar Association, I hope you all enjoy what I know will be a highly informative and educational program.

Again, welcome to the 2017 CPD Big Day Out Conference – I hope you enjoy the conference program and also find some time to explore the wonderful city of the Gold Coast.

Ron FrigoPresidentGold Coast Bar Association

Welcome

Conference Organising CommitteeGary Radcliff - Committee Chair

Ron Frigo - Assembly of Presenters

Ben Strangman - Secretary & IT Provision

Andrew James - IT Convenor

Michael Campbell - Timekeeper and Post Address Advisor to Presenters

Angela Walker - Social and Food Manager

Acknowledgement of Traditional Owners

We as the Gold Coast Bar Association acknowledge the traditional custodi-ans of the land upon which we stand.

We acknowledge and pay respects to the traditional aboriginal people of the Gold Coast and their descendants we also acknowledge the many aboriginal people from other regions as well as Torres Strait and South Sea Islander

people who now live in the local area and have made an important contribu-tion to the community. Justice Morri-son will explain the significance of the

history of these people.

We believe that when you put information and technology into the right hands, you give peo-ple the power to shape the world.

Vision - What we aspire to achieve as an organisation. To enrich the world’s understanding and inspire insightful decisions.

Mission - Why we strive to achieve our vision. To help professionals gain insights in faster, easier, and more effective ways.

The work we do is critically important to advancement of industry and society. To help law firms, corporations, and government reduce risk, improve

productivity, and increase profitability.

Together, the 10,000 employees of LexisNexis provide world-class content and leading-edge technology to those who advance commerce, society and justice. Every day, more than five million legal, risk management, corporate, government, law enforcement, tax, accounting and academic professionals in over 175 countries on six continents rely on us to inform their decisions.

LexisNexis unites web technologies and premium information outlets to give users access to billions of searchable documents and records from more than 45,000 sources. We also apply analytics to help our users see patterns, connect ideas and find answers that make their jobs easier. And our risk solutions help professionals verify identity, prevent fraud, comply with legislation, facilitate and secure commerce and support law enforcement and homeland security initiatives.

The future of LexisNexis is about building upon our pioneering heritage to meet the constantly changing needs of our users. We are developing innovative tools, services and content that will better prepare our users for the challenges of tomorrow. Thanks to your guidance and constant feedback, we are creating better products that reduce risk and deliver time savings, and contribute to greater productivity and profitability.

www.lexisnexis.com.au

Conference Information

Venue

We thank the court staff and local District Court Judges for allowing us access to the court facility. Please assist us by limiting your use of the premises to court 17 on the fourth floor, the adjacent jury room, and the foyer. Please ensure that you leave the building promptly upon conclusion of the seminar as there will be no means of exit if you are still in the building after security locks up.

Access to Building.

We have arranged the attendance of a court security officer who will man the front door of the court at all times during the seminar. He will ensure your entry and exit from the building.

Conference Opening and Plenary Address

The seminar will commence with addresses from the Queensland Bar President and our Association, commencing at 9am. The first session of the conference will commence at 9.30am.

Concurrent SessionsYou will be aware that there are two streams commencing concurrently at 10.45am immediately after the morning break. Those who have elected to participate in the District Court Judges presentation should remain in Court 17. Those attending the Family Law presentation should assemble in the Jury Room (adjacent to Court 17) and upon completion, re-assemble in Court 17 for the next presentation.

Refreshments

We have arranged a Coffee Van laden with real coffee and muffins to be immediately outside the court house before the seminar commences, at morning tea, and at afternoon tea.

Please help yourselves to this facility. There will be no charge for what you take from the van. If you want tea, coffee and biscuits at any other time, those facilities are available in the Jury Room.

Toilets

There are rest rooms in the Jury Room and adjacent to the elevators on the fourth floor. They are very close, and we ask that you try to use them at breaks, or between presentations.

Lunch

The luncheon break will take place at 12.45pm and you are free to have lunch, which we will provide in the Jury Room, or you may choose to leave the Court and purchase lunch elsewhere.

Parking

Your car can be parked in Mal Bourke carpark, which is directly accross the road from the Court. Access is obtained through Hicks Street (see above Map) - Street parking is another option, as Southport is usually quiet on a Saturday.

Name badges and Satchels

On registration, you will be given a presentation pack as well as a name badge. Please wear the badge so our security officer can recognise you as being entitled to enter and leave the Court. Kindly return the name badge when you leave.

Mobile Phones

Out of courtesy to our presenters please ensure your telephone doesn’t interrupt a presentation. We have arranged a number of buckets of water to store noisy phones in - so be warned!

Instructions for Presenters

We ask that you be present and make yourself known to Ron Frigo. He will be looking for you and we ask that you be there at least 20 to 30 minutes before your presentation.

We have a busy day and unfortunately we have to be strict about times. Michael Campbell will give you a five minute warning and a two minute warning as your time is due to expire. He then has authority to use force if necessary to end things!!

Please feel free to attend any or all of the rest of the day as we think it will be amazing.

Closing Reception and Meet the Delegates

After 5.00pm we will provide finger food at Swannies Restaurant (see above Map). Drinks can be purchased at reasonable prices.

Conference Dinner.

A number of the committee and the presenters will be having dinner at Swannies after the closing reception. Delegates who wish to attend please book with Swannies by phoning 07 5503 1180.

Parking

SwanniesQueensland Southport

District Court

Conference Program

Time Topic & Speaker CPD Categories*

8.00 – 8.45am Coffee and Muffins

Available from the Coffee Van located outside the venue

8.30 – 8.50am Registration

Courthouse Foyer

9.00 – 9.10am Opening Announcement and Instructions

Gary Radcliff, Gold Coast Bar Association Committee Chair

9.10 – 9.30am Welcome and Formal Opening

Christopher Hughes QC, President, Bar Association of Queensland

Ron Frigo, President, Gold Coast Bar Association

9.30 – 10.30am Appellate Court Practice – The Court of Appeal, finality and infallibility.

The Hon. Justice Philip Morrison

1 CPD point

Substantive Law, Practice and Procedure and Evidence

10.30 – 10.45am Morning tea

Coffee and Muffins available from the Coffee Van

10.45 – 11.45am Choose one of the following Streams:

Stream 1 – Civil Expert Evidence in Trials

His Honour Judge David Kent QC

and

Applications Jurisdiction in the District Court

Her Honour Judge Catherine Muir

1 CPD point

Substantive Law, Practice and Procedure and EvidenceOR

Stream 2 – Family

Family Law Arbitration – A New Frontier

Warwick Jones – Solicitor, Qld Law Society Accredited Specialist

Time Topic & Speaker CPD Categories*

11.45 – 12.45 pm Getting the most out of mediation for your client

Ian Hanger AM QC

1 CPD Point

Barristers’ Skills

12.45 – 1.45pm Lunch

1.45 – 2.45pm Practical considerations for ethical dilemmas

Peter Dunning QC S-G

1 CPD Point

Ethics and Professional Responsibility

2.45 – 3.00pm Afternoon tea

Coffee and Muffins available from the Coffee Van

3.00 – 4.00pm Lexis Nexis – Making your Submissions STICK!!

Lisa Sylvester, Research Expert

1 CPD Point

Practice Management and Business Skills

4.00 – 5.00pm The Relationship Between Barristers and Solicitors

Peter Nolan, Barrister at Law

Peter George, Solicitor

1 CPD Point

Practice Management and Business Skills

5.00pm Closing Address

Gary Radcliff, Gold Coast Bar Association Committee Chair

5.00 – 6.00pm Conference Drinks Function

Delegates are welcome to join us for drinks at Swannies in the Southport Mall where finger food will be provided.

*By attending the entire conference you will accrue 6 CPD points covering all CPD categories.

The Honourable Justice Phillip MorrisonJudge of the Queensland Court of Appeal 1 August 2013

Justice Morrison graduated from The University of Queensland in 1976 with a Bachelor of Laws. His Honour received the Family Law Prize in the same year.

In 1977, Justice Morrison was admitted as a barrister of the Supreme Court of Queensland before being appointed Queen’s Counsel in 1989. Justice Morrison was previously a reporter for the Federal Law Reports (1980–84).

At the Bar, Justice Morrison took briefs across general commercial and civil, contracts, equity and trusts, real property, corporations’ law, competition law, trade practices, insurance, banking, insolvency, professional negligence, mining and compensation.

His Honour has extensive trial and appellate experience, appearing as lead counsel in various courts, including the High Court, Queensland Court of Appeal, Full Court of the Federal Court, Full Bench of the Industrial Relations Commission (New South Wales), Federal Court, and Supreme Courts of Queensland, New South Wales and Victoria.

Justice Morrison appeared at the inquiries into the accidents at the Moura No. 4 underground mine (1986) and the Moura No. 2 underground mine (1997) and the inquiries into the fatal and serious accidents which occurred between 1989 and 2001 at Mt Isa Mines and Laleham Mine, South Blackwater.

Before being appointed to the bench, Justice Morrison served on the University of Queensland Law Curriculum Committee (1993–97), the Queensland Legal Symposium Committee (1993–95) and the Australian Legal Convention Committee (1994–95). He has also been involved with the Bar Association of Queensland as a member since 1977 and presenter at the Bar Practice Course since 1994

Justice Morrison was appointed a judge of the Queensland Court of Appeal in 2013.

TOPIC

- The Court of Appeal

- Finality and Infallibility

Keynote Speaker

His Honour Judge David R Kent QCJudge of the District Court of Queensland 7 March 2016

Judge Kent is a graduate of Queensland University of Technology—Bachelor of Laws (1985).

Prior to His Honour’s judicial appointment, Judge Kent was a barrister in private practice from 1989 to 2016. His Honour was a member of the Queensland Board of the Medical Board of Australia from 2013 to 2016.

Judge Kent was appointed Queen’s Counsel in 2013.

His Honour was appointed a judge of the District Court of Queensland on 7 March 2016.

TOPIC

- Expert Evidence in Trials in Courts

Keynote Speaker

Her Honour Judge Catherine MuirJudge of the District Court on 14 November 2016

Judge Muir was appointed as a Judge of the District Court of Queensland on 14 November 2016. Her Honour was admitted as a solicitor of the Supreme Court of Queensland in February 1991. After subsequently working and travelling abroad for three years, her Honour returned to Australia and spent three years working as a criminal defence solicitor advocate at the Aboriginal and Torres Strait Islander Legal Service in Brisbane (including a year in the juvenile section).

Her Honour also spent four years working in a medium size and a smaller size commercial litigation firm before being called to the Bar in February 2001.

At the Bar, her Honour established a broad civil and commercial practice, acting for a wide range of clients including the State of Queensland, a number of the major banks, regulatory authorities, boards, large and small proprietary companies and individuals. She advised and appeared both alone and as a junior counsel in an extensive range of trials, applications, public examinations and other hearings in the Queensland Court of Appeal, the Queensland Supreme, District and Magistrates Courts, the Queensland Civil & Administrative Tribunal, the Federal Court, the Full Court of the Federal Court, the High Court of Australia, the Federal Circuit Court and the Administrative Appeals Tribunal. From September 2015 until June 2016, her Honour was Counsel Assisting the Honourable Margaret Wilson QC as Commissioner, in the Commission of Inquiry into the closing of the Barrett Adolescent Centre. From July 2016 until her appointment, her Honour acted with Tom Sullivan QC for the Special Purpose Liquidators in the Queensland Nickel public examinations.

TOPIC

- ISSUES IN THE CIVIL AND CRIMINAL APPLICATIONS JURISDICTION IN THE DISTRICT COURT AT SOUTHPORT

Judge Muir will speak to:

• Common jurisdictional issues that arise in the District Court civil applications jurisdiction generally

• The preparation of written outlines of arguments

Judge Muir will also facilitate an open forum discussion about:

• Whether there is a need for a formal practice direction about the filing of outlines prior to the hearing of an application in the District Court at Southport

• Any other issues that practitioners in the applications jurisdiction generally, may wish to raise

Keynote Speaker

Warwick JonesJones Mitchell Lawyers

Founding and senior partner of Jones Mitchell Lawyers, Warwick (Rick) specialises in working with clients with more complex family law cases. These include property and financial cases as well as some difficult children’s cases including relocation (both domestic and international) and Hague Convention (international child abduction) cases. Rick is recommended by Doyles’ Guide as one of only two preeminent family lawyers on the Gold Coast.

After several years practising in general litigation and family law, Rick Jones and David Mitchell established Jones Mitchell in 1990 – the first and only law firm in Queensland practising exclusively in matrimonial and family law, including de facto relationships and still the largest family law firm in Queensland. Throughout his career, he has conducted numerous family mediations involving parties from the Gold Coast, Brisbane, interstate and overseas. For many years, Rick has addressed family lawyers at many conferences, seminars and legal symposiums organised by the Queensland Law Society, the Family Law Practitioners Association of Queensland, Bond University and other various professional and public interest/legal education organisations and institutions.

TOPIC

- Family Law Arbitration - A New Frontier

Keynote Speaker

Ian Hanger AM QC

Ian Hanger was called to the Bar in 1968 and took silk in 1984. He practiced extensively in commercial law and then became a leader in the field of mediation from 1990. Since that time he has mediated more than 2000 disputes - commercial, construction, estates, trust, negligence, professional negligence, contracts, defamation, insolvency, equity, family provision, and personal injuries arising from abuse.

He is a Mediator for the Court of Arbitration for Sport (CAS); a mediator nominated by the Australian

Government to the International Centre for the settlement of investment disputes (ICSID); an arbitrator of the Chinese International Economic and Trade Arbitration Commission; a member of the Hong Kong Mediation Panel; a mediator of the Singapore Mediation Centre; an accredited mediator in Australia.

He has conducted workshops on mediation in Australia; Hong Kong and England and given talks on mediation in many overseas jurisdictions. He was a member of the National ADR Advisory committee to the Attorney General of Australia for many years and has been named in the AFR’s list of best lawyers in Australia in the field of ADR for every year from 2008 to present.

He is a life professor at Bond University and was made a member in the Order of Australia in 2007 for services to law in the field of ADR and for services to music.

Ian was chairman of the Committee of Inquiry into the Industrial Relations system in Queensland in 1988; Senior Counsel assisting the Parliamentary Judges Commission of Inquiry in 1988/89; Senior Counsel assisting the inquiry into the efficacy of the Criminal Justice Commission in 1997; Counsel for the State of Queensland in the Child Protection Commission of Inquiry in 2013; Royal Commissioner into Home Insulation Program 2014.

TOPIC

- Getting the most out of Mediation for your Client

Keynote Speaker

Peter Dunning QC S-G

SCOPE OF PRACTICE: Appearance and advice work in all areas of appellate work; constitutional and public law; commercial and equity; building and construction, energy and resources; company and insolvency; insurance; professional negligence; trade practices; royal commissions and inquests.

After a brief period as managing clerk at Morris Fletcher & Cross, Peter was called to the Bar in 1992. He was appointed as Silk in 2005 and in 2014 was appointed Solicitor General for the state of Queensland. He is the

senior legal advisor to this state.

APPELLATE WORK

CONSTITUTIONAL AND PUBLIC LAW

COMMERCIAL AND EQUITY

BUILDING AND CONSTRUCTION

ENERGY AND RESOURCES

PROFESSIONAL NEGLIGENCE

COMPANY

INSOLVENCY

ROYAL COMMISSIONS AND INQUESTS

INSURANCE

MEDIATIONS

TOPIC

- Practical Considerations for Ethical Dilemmas

Keynote Speaker

Lisa SylvesterPost Sales Manager. LexisNexis

My career has traversed many parts within the IT, law and the education sectors. What people would suggest as my strengths is ensuring that my clients or students were supported and encouraged to learn from my experience. Legal research is my passion including finding the needle in the hay stack. Digital forms of research or drafting solutions is my current project area with a great team at LexisNexis. I have practised as a solicitor in private practice and in government implimenting management systems.

TOPIC

- I recently attended Justice Susan Kiefel’s Oration where she explained that Courts now look through submissions in great detail, so getting submissions right, more than ever, is an important part of practice. My presentation is: Making your Submissions Stick - Getting the Points in your Research Right.

Keynote Speaker

Peter Nolan

Peter was admitted to the Bar in 1984 and holds a Masters degree in Prosecution and Criminal Law.

His background includes trial counsel with the State and Commonwealth DPP’s, Counsel with the ‘Fitzgerald Inquiry’, Special Prosecutor’s Office, and Criminal Justice Commission.

Between 2005 and 2008 Peter was appointed Special Adviser to the AusAid Program in Papua New Guinea designed to bring capacity to that country’s Law and Justice Sector. Peter appeared as counsel in many high

profile trials and Constitutional hearings in that country. He has also served with the European Union program in Pakistan training specialist Investigative and Prosecution units connected with the Pakistan Police and Prosecutors Office.

At Halsbury Chambers Peter practices in Criminal Law prosecution and defence cases including appellate, trial and tribunal hearings. Peter’s practice includes Proceeds of Crime, Environmental Enforcement law and Sports tribunal hearings.

TOPIC

- Peter will present with Peter George on “The Relationship between Barristers and Solicitors”

Keynote Speaker

Peter GeorgeSPG Lawyers

Peter commenced with SP&G in 1974, became a solicitor in 1979 and was admitted as a Partner in 1981. Peter practices in the areas of Management Rights, Body Corporate and strata matters as well as other civil litigation.

Whilst Peter has had an involvement in most areas of the law involving property and business dispute resolution, these days Peter’s professional commitment is significantly focused on Body Corporate, Strata

disputes and consulting, and management rights.

Peter works closely with clients, experts, and Counsel, and with more than 40 years of experience advises on a wide range of litigation matters, including:-

• Body Corporate and Management Rights matters

• Property matters, vendor and purchaser matters such as specific performance, rescission and associated relief

• Acting for developers in contract disputes

• Compensation claims for acquisition of land matters

• Business structuring, corporate creation, shareholding agreements and joint ventures

• Strata development site amalgamations

TOPIC

- Peter will present with Peter Nolan on “The Relationship between Barristers and Solicitors”

Keynote Speaker

Law Society CPD compliance PolicyThe committee has received written advice from the Queensland Law Society as follows:

“Seminars and other CPD activities are not accredited by the Queensland Law Society Inc. Under the Society’s CPD Rules, if this particular educational activity is relevant to your immediate or long term needs in relation to your professional development and the practice of the law, then you should claim one unit for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March.”

We are also informed that whilst the Law Society does not give accreditation for conferences, the Society has never refused to accept a presentation which is made under the auspices of the Queensland Bar Association

Thanks Sunny CoastThe Committee unashamedly admits that the format and processes for this Big Day Out had its genesis from what Andrew Sinclair and the Sunshine Coast Barristers present annually. We sincerely thank Andrew for his advice, direction and sympathy.

If this day was enjoyable and useful we recommend you attend the Sunshine Coast Conference which will be held on 19 August 2017.

Whilst it is still being formulated, their present agenda is as follows.

Session 1 Trials and Tribunilations Philip Hack SC

Session 2 Badvocacy Judge Steven Middleton

Session 3 Ethics Vice President

Session 4 Written Evidence James Wilson-Smith

Session 5 Expert Evidence for Dummies Gary Radcliff

Session 6 Brief Management Anna Smith

I have been there for the last two years and I thoroughly enjoyed their presentation.

If you are interested please contact

Andrew Sinclair e. andrew.sinclair@innsofcourtsc.com.au p. 54792940

Please take advantage of their day. If you attend their professional development day as well as ours, you have more than all the points you will need for the year.

Gary Radcliff Conference Chair

Bar Association of Queensland CPD Policy

1. This policy has been made pursuant to Rule 4.5 of the Administration Rules of the Bar Association of Queensland (‘the rules’).

2. From the commencement of the 2015/2016 CPD year there are four categories for which continuing professional development must be undertaken. The categories are:

a. Ethics and Professional Responsibility;

b. Practice Management and Business Skills;

c. Substantive Law, Practice and Procedure and Evidence; and

d. Barrister’s Skills

3. The process is now one of self accreditation.

4. In each CPD year (1 April to 31 March), you will need to:

a. accrue at least ten (10) CPD points;

b. as part of the ten points to be accrued, accrue at least one (1) CPD point in each of the four categories identified in paragraph 2 above;

c. accrue these points by undertaking activities that are:

i. of significant intellectual or practical content and which deal primarily with matters related to the practice of law;

ii. conducted by persons who are qualified by practical or academic experience in the subject covered; and

iii. relevant to your immediate or long term needs in relation to your professional development as a barrister and practice of law; and

d. retain a record of the activities you have undertaken in order to comply with your obligations (your CPD Record).

5. You will need to keep your CPD Record, and all supporting documentation, for at least three years after the end of each CPD year.

6. A percentage of members will be audited each year. During an audit, you will need to establish that you have completed the CPD requirements by producing supporting records to demonstrate your attendance, such as records confirming your attendance, seminar materials and diary notes.

7. Failure to complete the CPD requirements may have serious consequences under the rules.

8. If you require an extension or dispensation in respect of any CPD requirement you will need to apply in writing under the rules.

9. If you are uncertain about self assessment of an activity, or any other aspect of your CPD compliance, then, prior to undertaking the activity, you should contact the Association for advice.

10. Readers are still required to undertake designated compulsory readership CPD activities.

11. Appendix 1 to this policy contains examples of CPD activities that may be undertaken to accrue CPD points, and the caps on the CPD points that may be gained in relation to these examples.

12. Appendix 2 to this policy contains examples of activities that do not constitute CPD activities and for which no CPD points may be claimed.

13. Appendix 3 to this policy is the CPD record, in the form required under the rules, which must be kept by you electronically as to the CPD activities you have undertaken in each CPD year.

Your online CPD record is available for you to monitor and maintain in your member profile.

To log on to your member profile, you will need to use your username and password. For assistance with this please contact CPD@qldbar.asn.au.

Appendix 1.

Activities Points Notes regarding caps

Attending a live seminar, lecture, conference or workshop either in person or by webcast

1 CPD point per hour of educational activity, excluding breaks

Unless approved by the Bar Association of Queensland, capped at a maximum of six (6) CPD points in any one day. You may accrue additional points for presenting, chairing etc. other sessions at the same event.

Presenting a seminar, lecture, Bar Practice Course, conference or workshop

3 CPD points per hour or pro rata of presentation of an educationalactivity, excluding breaks

Unless approved by the Bar Association of Queensland, capped at a maximum of six (6) CPD points in any one day

Chairing or facilitating a seminar, lecture,conference or workshop

2 CPD points per hour or pro rata of presentation of an educationalactivity, excluding breaks

Unless approved by the Bar Association of Queensland, capped at a maximum of six (6) CPD points in any one day

Judging a moot at undergraduate level or above

2 CPD points per hour Unless approved by the Bar Association ofQueensland, capped at a maximum of six (6) CPD points in any one day

Publishing a legal journal article or substantial update of a text or similar legal publication

2 CPD points per publication Capped at a maximum of 6 CPD points per year

Masters and other relevant higher degrees 10 CPD points per year on successful completion of an activity verifiable by a University

Viewing of recordings of CPD activities posted by the Bar Association of Queensland on its website

1 CPD point per hour of educational activity,excluding breaks

Capped at a maximum of 3 CPD points per year

Appendix 2.

Types of activities that will not entitle you to accrue points

Personal Development

• Personal stress management• Personal presentation skills• Listening to radio programmes• Life coaching skills• Career development courses• Leadership/general management skills

Other

• Pro-bono work• Acting as a Pupil Mentor• Marking work for University courses• Sitting on a Tribunal• Annual General Meetings• Careers Talks• Attendance at a launch for any form of legal materials• After-dinner speeches, book tours, receptions and court visits

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