PROPERTY & COMMERCIAL LAW CONFERENCE 2018

Transcription

1 PROPERTY & COMMERCIAL LAW HOBART - 23 March 2018

2 Welcome to the Convenor The Law Society of Tasmania 28 Murray Street, Hobart lst.org.au Venue Hobart Function & Conference Centre Elizabeth Street Pier, Hobart CPD Guide CPD Points: 5.5 (SL, PS, PM and E) Registration Registration includes: Attendance at all conference sessions Lunch and afternoon tea Post-conference drinks and canapés Papers Door Prize (x2) entry, proudly sponsored by Stewart Title Limited and the Law Society of Tasmania Proud sponsors of the Law Society s CPD program Cover Page Photography Source: Hobart Conference and Function Centre

3 10.00am 10.25am 10.30am 11.00am (30 minutes) CPD Guide: PS, Sl Registration desk opens Arrival T&C Welcome and housekeeping Chair: ANTONY LOGAN, Chair of the Property & Commercial Law Committee of the Law Society of Tasmania, Partner, HWL Ebsworth. Property Law Update In this session Mr Manning and Mr Justo will: Consider some recent developments impacting property practice, including the Neighbourhood Disputes about Plants Act 2017 (and associated tips and traps relevant to property sales). Consider further federal law reform on the horizon and its implications for property sales and the Standard Form Contract. Provide an update on current Committee activities including its review of the Conditions and Particulars of Sale by Auction. Speakers: WILL JUSTO, President of the Law Society of Tasmania and LST Property & Commercial Law Committee Member, Partner, Wallace Wilkson Webster. ROBERT MANNING, Senior Associate, Murdoch Clarke, LST Property & Commercial Law Committee Member. Chair: ANTONY LOGAN, Partner, HWL Ebsworth, Chair of the LST Property & Commercial Law Committee am 12.15pm (1 hour 15 minutes) CPD Guide: PS, SL Contract Masterclass: Termination and Damages Part 1: An overview of recent significant developments Text, context and purpose in contract interpretation The unfair contract terms regime The ipso facto legislation Part 2: Contract termination Termination at common law Readiness and ability to perform as a precondition to the exercise of a termination right Relying on a wrong reason for termination when a good reason is available Express termination regimes Termination for convenience Speaker: JEFFREY GOLDBERGER, Special Counsel, Norton Rose Fulbright Chair: MELANIE KERRISON, Partner, Rae & Partners, LST Property & Commercial Law Committee Member pm 1.00pm (45 minutes) Lunch

4 1.00pm 1.45pm (45 minutes) CPD Guide: PS, SL Masterclass Continued. Part 3: Assessment of damages for breach of contract Governing purpose of an award of damages Causation and remoteness Expectation and reliance loss Date for assessment Damages and restitution Speaker: JEFFREY GOLDBERGER, Special Counsel, Norton Rose Fulbright Chair: MELANIE KERRISON, Partner, Rae & Partners, LST Property & Commercial Law Committee Member. 1.45pm 2.45pm (1 hour) CPD Guide: PM Transitioning Away From the Billable Hour Alternative pricing arrangements - The Bowen Buchbinder Vilensky (BBV) experience. The billable hour is dying and value pricing models are no longer a novelty. Criticisms of time billing and the inequitable practices it promotes are a gathering chorus. This chorus is in turn exposing the status quo of the legal profession to new and disruptive threats. The growing momentum to change to alternative billing systems in the legal profession should be of concern to the profession as it is clients who are driving the backlash. In his presentation David Vilensky, a pioneer of fixed fee pricing in Australia, will outline the benefits of fixed fee pricing and how he transitioned his firm from a time billing model to a firm of the future where time is not money. Speaker: DAVID VILENSKY, Managing Director, Bowen Buchbinder Vilensky, Perth, WA Chair: ANTHONY LANING, Partner, Ogilvie Jennings, LST Property & Commercial Law Committee Member. 2.45pm 3.00pm (15 minutes) Afternoon Tea

5 3.00pm 4.00pm (1 hour) CPD Guide: PS, SL Commercial Collapse Workshopping the practicalities of insolvency and liquidation in a commercial tenancy context. Using hypothetical and real case studies, this session will consider: Practical steps to dealing with bankrupt tenants or landlords and the legal / business issues that arise Dealing with supply contracts Relevant recent changes to insolvency laws Powers and obligations of liquidators when dealing with property and contractual matters Disclaiming leases Speakers: CHRIS GROVES, Principal, Dobson Mitchell Allport and BARRY HAMILTON, chartered accountant and insolvency practitioner, Principal, Barry Hamilton & Associates Facilitator: AURORA KOSTEZKY, Counsel, Dobson Mitchell Allport, LST Property & Commercial Law Committee Member. 4.00pm 5.00pm (1 hour) CPD Guide: E Ethics Panel Session Scenarios for discussion includes: ethics in contractual negotiations; inadvertent disclosure; and inhouse lawyer ethical issues - walking the ethical tightrope. Panellists: JEFFREY GOLDBERGER, Special Counsel, Norton Rose Fulbright DAVID VILENSKY, Managing Director, Bowen Buchbinder Vilensky, Perth, WA Moderator/panellist: MICHAEL DOLAN, Director, ethics4lawyers 5.00pm Closing remarks, drinks & canapés Chair: ANTONY LOGAN, Chair of the Property & Commercial Law Committee of the Law Society of Tasmania, Partner, HWL Ebsworth Prize Draws x 2, proudly sponsored by Stewart Title and the Law Society of Tasmania.

6 SPEAKERS Will Justo, President of the Law Society of Tasmania and LST Property & Commercial Law Committee Member, Partner, Wallace Wilkson Webster Will was admitted as a Barrister & Solicitor of the Supreme Court of Tasmania in He joined Wallace Wilkinson & Webster in 1997 and has been a Partner since Will practises in all aspects of Commercial and Contract Law and Residential and Commercial Conveyancing as well as Wills and Estates. His clients include many well-known Tasmanian businesses and enterprises, major financial institutions as well as individuals. Will is a former officer in the Australian Army Legal Corps (Reserve). Will is the President of the Council of the Law Society of Tasmania. Robert Manning, Senior Associate, Murdoch Clarke, LST Property & Commercial Law Committee Member Robert Manning is a senior solicitor who has been with Murdoch Clarke since He has a large commercial practice specialising in the areas of wills, trusts, powers of attorney, estate planning and domestic and commercial conveyancing. Robert is also experienced in property development and sub divisional matters, leases, business sales and acquisitions, partnerships, franchising, mortgages, finance and securities and other general commercial matters. Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright Jeffrey has over 25 years experience in the Australian legal sector and is a recognised authority on Australian contract law. He has advised clients in both the private and public sectors and is well known to, and highly regarded by, major government, finance, resources and corporate clients. Jeffrey has lectured in contract law and private international law at the University of Sydney Law School and in 2012 he served on the then Federal Attorney General s expert panel established to advise the Australian Government on the effectiveness of Australian contract law. Jeffrey s ability to articulate the application of contract law in a practical and commercial way is widely known and highly regarded, reflected in his presenting papers on Australian and English contract law at numerous conferences and seminars throughout Australia and the United Kingdom.

7 SPEAKERS David Vilensky, Managing Director, Bowen Buchbinder Vilensky, Perth, WA David Vilensky is the Managing Director of Perth firm Bowen Buchbinder Vilensky. He is a corporate lawyer with a particular focus on complex commercial transactions, mining and resources, corporate advisory and dispute resolution. David advises on director s duties and corporate governance, capital raisings, joint ventures, due diligence and corporate transactions generally and acts for both private and listed companies. David has a global practice and has advised on transactions in jurisdictions as diverse as Peru, Zambia, Argentina, Canada, United Kingdom, Singapore and China. For several years now David has been a strong and passionate advocate of the value pricing model for law firms and was largely instrumental in dumping the billable hour model at Bowen Buchbinder Vilensky and replacing it with a fixed fee model where fees are fixed and agreed upon with clients in advance of the work being done. David is a longstanding member of the Quality Practice Standard Committee of the Law Society of Western Australia. Chris Groves, Principal, Dobson Mitchell Allport Chris graduated from the University of Tasmania in 1998 with a Bachelor of Arts and in 2003 with a Bachelor of Laws with Honours. In 2005, he completed postgraduate insolvency studies with the University of Southern Queensland. He was admitted to the Supreme Court of Tasmania in 2004 and to the High Court of Australia in Chris worked at another Hobart law firm for over four years before joining Dobson Mitchell Allport in September Chris conducts proceedings in the Supreme Court, the Federal Court and the Magistrates Court, including criminal matters involving summary offences. Barry Hamilton, Chartered Accountant and Insolvency Practitioner, Principal, Barry Hamilton & Associates Barry obtained a Bachelor of Business Studies from the University of Tasmania in Barry Hamilton is a registered liquidator, official liquidator and registered trustee in bankruptcy. He is a member of the Institute of Chartered Accountants of Australia and a member of the Australian Restructuring & Insolvency Turnaround Association. Barry commenced practice in September 1997 and currently operates in the debtor driven insolvency market handling creditor s voluntary liquidations, administrations, receiverships, Court liquidations and bankruptcy. Barry Hamilton has in excess of 20 years experience in insolvency and investigative accounting having previously worked for Price Waterhouse and Deloitte in Tasmania.

8 MODERATORS/FACILITATORS Michael Dolan, Director, ethics4lawyers Over a long career in the law Michael has gained extensive experience as a country and city solicitor as well as being in-house counsel for both a major statutory corporation in Victoria and an Australian electricity supply industry association. Michael provides advice to solicitors on ethics issues and supports the work of the LIV Ethics Committee. He also presents ethics seminars to solicitors. Aurora Kostezky, Counsel, Dobson Mitchell Allport Aurora Kostezky is a commercial lawyer and is a specialist in all aspects of commercial leasing, including industrial, ski-lodge and agricultural leasing, lease dispute resolution, development agreements and retail leasing in all Australian states and territories as well as New Zealand and Singapore. Since 2005, Aurora has been a Law Institute of Victoria Accredited Commercial Tenancy Law Specialist and relocated to Hobart from Melbourne in early 2015.