Thursday, 13 February 2025


                   A  C
  9:30am -10:30am     1 1A - Updates in AML/CTF

CPD: Standard
Target Audience: All levels
Area of Law: General
Presenters: Jeremy Moller, Norton Rose Fulbright and James Naughton, Bendigo and Adelaide Bank

Join Jeremy Moller, Senior Advisor from the Risk Advisory of Norton Rose Fulbright and James Naughton, Head of Financial Crime Risk Governance from Bendigo and Adelaide Bank for an engaging update on Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations.

This session will provide insights into the latest developments and reporting obligations in the AML/CTF landscape. The presenters will discuss key challenges, emerging trends, and practical strategies for compliance. Expect an interactive AMA (Ask-Me-Anything)-style format, where your questions will drive the discussion and provide real-world solutions for navigating these complex regulations.

1B - In House Counsel Unplugged:
Insights from the Front Line

CPD: PM/BS
Target Audience: Intermediate
Area of Law: In-House Counsel and Government
Moderator: Melanie Foster, Kenseo
Panellists: Lucy Keller and Ben Temperly, Department of Education; Elizabeth Macey, Ernst and Young; Janelle Borlace, SA Power Networks; Andrew Mannix, Nova Systems

Panel presentation offering perspectives in respect of the practicalities and challenges of an in-house counsel role for both government and in house lawyers. The session will be delivered by a distinguished panel of experts, including Melanie Foster, Director from Kenseo Law as a moderator. The panellists will share their insights and practical advice on navigating the unique challenges faced by in-house lawyers, providing attendees with valuable strategies to enhance their legal practice.

1C - Practical Tips for Returning to Practice

CPD: PM/BS
Target Audience: All levels
Area of Law: General
Moderator: Colin Brown, SA Health
Panellists: Grant Feary, Law Claims; Amy Nikolovski, DBH Lawyers; Danielle Gilby, Dentons; John Love, Mellor Olsson

I’m coming back!
Reasons for extended breaks in legal practice vary, as can approaches for successfully navigating the return. Through shared personal and professional experiences, the session’s Panel discussion offers Forum 2025 delegates perspectives and tips for an effective workplace return. The Panel considers and updates issues both practical (requirements around practising certificates, CPD points) and impractical (juggling work, family, and self) that face returning practitioners.

 

11:00am -12:00pm   
    2A - Future Proofing Contracts
and Managing Disputes

CPD: PS
Target Audience: Intermediate
Area of Law: Commercial Law, Dispute Resolution
Presenters: Mark Giddings, LK Law and Kerry Morrow, Laity Morrow

It’s not possible to anticipate every risk involved in a transaction or venture. But there are ways for organisations to protect themselves against risks in advance and as they emerge.
This session will consider contractual risk from the perspectives of both a front-end commercial lawyer and a commercial litigator, including:
• identifying contractual risks and opportunities
• determining what level of risk is acceptable
• dealing with non-performance
• preserving contractual rights and deescalating disputes
• the role of external counsel
• preserving relationships and negotiating a successful commercial outcome
• identifying when to escalate and initiate action
Mark Giddings and Kerry Morrow will consider these issues with reference to matters they have advised on across the mining, space, construction and manufacturing sectors (among others).

2B - Family Trusts and Succession

CPD: PS
Target Audience: All levels
Area of Law: Succession, Family Law
Presenter: Allan Swan, Estate Planning Equation (VIC)

Family Trust Succession Planning Considerations:
• Key control roles in family trusts
• 2nd generation family trust case studies
• Family trust succession vs. Will-based succession
• Adjusting family trusts in Wills
• Passing control to non-resident family members
• Benefiting excluded beneficiaries (e.g., means-tested pensioners)
• Blocking capital distributions by surviving spouse
• Pre-empting sibling disputes
• Succession via executor control
• Keeping succession separate from the deceased estate
• Contesting control of family trusts (NSW & ex-NSW)
• Winding up family trusts
• Capital gains: specific entitlement vs. present entitlement
• Limited use of South Australian trusts free of forced vesting

2C - Generative AI :
Awareness, Limits and Pitfalls

CPD: PM/BS
Target Audience: All levels
Area of Law: Risk Management, Technology
Presenters: Daniel Wasiewicz, Law Claims and Joel Lisk, Flinders University

As AI becomes an integral tool in legal practice, it’s essential for practitioners to look “inside the AI black box” to understand how these systems truly operate. With interstate guidelines requiring practitioners to grasp the mechanics of generative AI, this advanced session will delve into the fundamentals of how large language models (LLMs) function, including data processing, language generation, and inherent limitations.
Using nuanced examples of AI applications in legal contexts, the session will examine how limitations in AI understanding and output can impact the quality and accuracy of legal work. This session will also provide practical advice on crafting precise prompts, making AI tools more effective for complex legal tasks.
For practitioners ready to go beyond the basics, this session offers a critical look at AI’s opportunities and pitfalls within the bounds of solicitor conduct obligations and court guidelines.

 
12:15pm - 1:15pm       
  3A - Regulatory Outlook:
Key Updates from ASIC, ATO and ACCC

CPD: PM/BS
Target Audience: All levels
Area of Law: Commercial Law, In House Counsel, Government
Moderator: Marissa Mackie, Norman Waterhouse
Panellists: Natasha Harlam, ASIC, Johanna Croser, ACCC, TBC for ATO

Join us for an insightful CPD session, moderated by President-Elect Marissa Mackie. This panel discussion brings together key representatives from the Australian Taxation Office (ATO), Australian Securities and Investments Commission (ASIC), and the Australian Competition and Consumer Commission (ACCC). Legal practitioners will gain valuable insights into upcoming regulatory developments, trends, and enforcement priorities that may impact their practice in the coming year.

3B - Ethics in Legal Practice

CPD: Ethics
Target Audience: All levels
Area of Law: General
Presenters: Jonathan Wells KC and Pamela Wilkinson

Jonathan Wells KC, will lead this Ethics CPD with Pamela Wilkinson. Participants will explore ethical issues through hypothetical scenarios designed to stimulate group discussion. Each group will analyse the scenarios and share their perspectives on the most appropriate course of action. This interactive format offers an opportunity to gain insights into ethical decision-makings.

3C - Taxation on Employment Termination
and Settlement payments

CPD: PS
Target Audience: Intermediate to Advanced
Area of Law: Employment, Taxation
Presenters: Matthew Brittingham, Tributum Law and Will Snow, Snow Legal

Tax treatment of payments arising from termination and the various claims that can arise can be complicated and often drive settlement outcomes. Join Mathew Brittingham and Will Snow as they approach the topic through case studies drawn from practice.



2:00pm - 3:00pm     
  4A - Model Litigant:
How good must you be?

CPD: PM/BS
Target Audience: Government solicitors and in-house government solicitors and solicitors who work with or against government
Area of Law: Government
Presenter: Mark Robinson SC, Macquarie Street Chambers (NSW)

This session covers topics such as:
• Government lawyers acting as the model litigant in NSW
• What are the responsibilities of federal government lawyers?
• How high is the standard set by the requirements?
• What to do when the model litigant button is pressed by a litigant?
The paper seeks to cover most major model litigant issues in state, territory and federal tribunals and courts.

4B - Family Law and Succession Planning

CPD: PS
Target Audience: Junior to Mid-Level
Area of Law: Family Law, Succession
Presenters: Charlie Belperio, Belperio Connell Lawyers; David Crocker, Edmund Barton Chambers; Ann Fleming and Jane Miller, Elizabeth Evatt Chambers

This session covers essential aspects of family law and succession planning. Charlie will discuss Wills, Powers of Attorney, ACDs, and aged care funding, offering practical advice for navigating these areas. David will explore the Succession Act, focusing on the challenges blended families face in succession planning. Jane will cover Pre-nuptial and Binding Financial Agreements, with case studies on defacto relationships and property division. The session will provide actionable insights for managing complex family and financial matters. Participants will gain practical strategies for drafting legal documents and addressing family law challenges.

4C - Using AI: Ethical Issues for Lawyers

CPD: Ethics
Target Audience: All levels
Area of Law: General, Technology
Presenters: Allie Umoff and Stephanie Lo, LK Law

Overview of current state of AI in the profession, its applications and benefits.
Ethical issues arising from using AI, including consideration of (1) bias and fairness, (2) privacy concerns, (3) lack of transparency, and (4) professional responsibility.
Real life examples of ethical dilemmas, including lessons learned and best practices.
Future trends and considerations, including anticipating and addressing emerging ethical challenges, the intersection of AI and legal ethics in the future, and incorporating ethical considerations regarding AI into professional codes of conduct.

 
3:30pm - 4:30pm     
  5A - The risks associated with eyewitness
identification evidence 

CPD: PS
Target Audience: Junior, Refresher
Area of Law: Criminal Law
Presenters: Ryan Williams SC, Matthew Christey and Raffaele Piccolo, Barry Jennings Chambers
Chair: Steven Millsteed, KC, Barry Jennings Chambers

What does South Australia and the establishment of the first English Court of Criminal Appeal have in common? A case study of one of the most fundamental eyewitness identification cases in history and its implication on Australian criminal law?

5B - Stop it. You ought to be ashamed

CPD: BDH
Target Audience: All levels
Area of Law: General
Presenter: Jodeen Carney, Equal Opportunity Commissioner SA
Chair: Anthony Keane, Legal Profession Conduct Commissioner

The Commissioner will discuss the findings of the 2024 review into harassment in South Australia's legal profession, including the recommendations of the report provided to the Attorney-General. Her presentation will also include an overview of her office's WE'RE EQUAL initiative.

5C - Privacy Law Update 

CPD: Standard
Area of Law: General
Presenter: Bronwyn Furse, Thomson Geer Lawyers

The long-awaited reform of Australia's Privacy Act is now underway, after the introduction of the Privacy and Other Legislation Amendment Bill 2024 (Cth). The Bill addresses most of the legislative proposals that were 'agreed' in the Government's Response to the Attorney-General's Privacy Act Review Report. A second tranche of reform is expected to follow in the near future, addressing further proposals that were also 'agreed' or 'agreed in principle' in the Government's Response.
This session will take you through the changes being implemented by the Bill, including the responsive steps required by relevant agencies and private sector businesses to comply. This will include:
Explanation of the reform, including the changes relating to:
• Use of technology for automated decision making
• Clarification on what 'reasonable steps' requires in meeting security, retention and destruction obligations
• New children's code of privacy
• New direct right of action for individuals, known as the statutory tort
• Criminalisation of doxxing (the intentional malicious exposure of personal information online)
• New enforcement powers and penalties
• Steps required to prepare for the reform
• Expected regulatory approach, including current areas of focus for OAIC, ACMA and ASIC
• How these changes fit within the broader landscape of complementary regulatory reforms taking place, and those that are imminent, including e-safety, Voluntary AI Safety Standard, Digital ID, and the anticipated cybersecurity reforms.
• What is still to come, and how the recommended practical steps will assist



Friday, 14 February 2025


  8:30 - 9:30am   KEYNOTE PRESENTATION   The Royal Prerogative and the Kathleen Folbigg Pardon

CPD: Standard
Target audience: All levels
Presenter: Dr Robert Cavanagh, Sir Owen Dixon Chambers (NSW)

By Webinar only /(to be broadcast in the room) - Friday, 14 February at 8.30am

In this session, we delve into the complex intersection of legal rights and executive power, with a focus on the Royal Prerogative of Mercy. Using the case of Kathleen Folbigg as a key example, we will explore how this discretionary power was exercised to grant a pardon, and the broader implications of mercy in the legal system. Participants will gain a deeper understanding of the factors that influence decisions of this nature, and how such powers balance justice with compassion in the face of legal ambiguity.

Dr. Robert Cavanagh 

 9:30am - 10:30am              
   6   6A - Judicial Conduct

CPD: Standard
Target Audience: All levels
Area of Law: Criminal
Presenter: Martin Hinton KC, Director of Public Prosecutions SA

In this session the Director of Public Prosecutions, one time judge and some time Solicitor-General, discusses professional standards which we all look to the judiciary to superintend. The Director’s hypothesis is that absent effective superintendence by the judiciary, standards of conduct erode and abusive practices are enabled. Put slightly differently, a judiciary that is not vigilant in the maintenance of standards contributes to the risk of psychosocial injury in the work place and the development of unsafe work environments.

6B - New Probate Rules 2015
for the Succession Act 2023

CPD: PS
Target Audience: All levels
Area of Law: Succession
Presenters: Christina Flourentzou, Registrar of Probates; Graham Edmonds-Wilson KC, Howard Zelling Chambers and Melissa Yule, Adelta Legal

The panel will discuss the changes proposed to the Uniform Civil Rules to replace the Probate Rules 2015 on the commencement of the Succession Act 2023, and will highlight some of the new procedures applicable to grants and to applications to the Supreme Court in relation to deceased estates.

6C - Criminalising Coercive Control - Implementation and impact

6C - CPD: Standard
Target Audience: All levels
Area of Law: Family law, Criminal
Presenter: Sarah Quick, Victims of Crime Commissioner SA

This presentation explores the potential impact of criminalising coercive control. It examines whether this legislation can effectively protect victims, act as a deterrent, and hold offenders accountable. The presentation addresses the challenges and potential benefits of criminalising coercive control, while questioning whether the legislative aims and the expectations of victims will be met.

 11:00am - 12:00pm   7  7A - Settling and Mediating
Government Litigation

CPD: PS
Target Audience: Government solicitors and in-house government solicitors and those solicitors litigating with or against government
Area of Law: Government
Presenter: Mark Robinson SC, Macquarie Street Chambers (NSW)

This session will delve into topics such as:
• Ex Gratia Payments (or Act of Grace Schemes) (State and Federal);
• Waiver, postponement or deferral of debts under Section 63 of the Public Governance, Performance and Accountability Act 2013 (Cth);
• The Scheme for Compensation for Detriment caused by Defective Administration (the CDDA Scheme);
• Mediating with Government – the traps!
These topics all come under the broad umbrella of mediating or settling government litigation.
The session is intended to cover most matters in most state and federal tribunals as well as courts.

7B - Building Trauma Awareness

CPD: PM/BS
Target Audience: All levels
Area of Law: General
Presenter: Rina Van, Schalkwyk, Blue Knot Foundation

This one-hour session introduces complex trauma and the principles of trauma-informed care, focusing on the importance of safety and connection. It will equip professionals with information to understand the profound impact of complex trauma and how to build safe, trusting relationships with those they support. By creating environments grounded in safety and empathy, participants will enhance their ability to connect meaningfully with others.

7C - Secondary Disclosure

CPD: PS
Area of Law: Criminal
Presenter: Craig Caldicott OAM, Craig Caldicott Lawyers

In this session, Craig will delve into the complexities of secondary disclosure, including its relevance in both prosecution and defence contexts. Secondary disclosure is governed by various legal standards, and it is important for practitioners to understand their obligations under these rules, as significant concerns can arise when they are not met. This session will explore these consequences, along with the ethical dilemmas that result from the duty to disclose. Attendees will gain practical advice on identifying relevant material and appropriately disclosing this evidence at this stage of any criminal trial.


 12:15pm - 1:15pm
  8  8A - Respect@Work:
Guidance on the positive duty

CPD: BDH
Target Audience: All levels
Area of Law: General
Presenter: Alexandra Thompson, Minter Ellison

This session will provide an update on addressing and preventing sexual harassment in the workplace, including practical guidance on establishing respectful workplaces. We will look at the positive duties imposed under the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth) and the Work Health Safety Act 2012 (SA).

8B - Release clauses in settlement deeds

CPD: PS
Target Audience: Junior, Refresher
Area of law: Commercial law
Presenter: Sam Wilson, Anthony Mason Chambers

A session identifying the principles to apply in interpreting general release clauses in settlement deeds, along with some key tips for drafting settlement agreements. Sam will discuss general principles and review of recent appellate court decisions, this session will identify the principles to apply in interpreting general release clauses in settlement deeds, along with some key tips for drafting settlement agreements.

8C - Tax Issues in Family Law:
Tips for Non-Tax Lawyers

CPD: PS
Target Audience: All levels
Area of Law: Family law, Taxation
Presenter: Judy Choate, Belperio Connell Lawyers

The presentation will review the primary the capital gains tax and stamp duty issues most commonly encountered in the practice of family law to assist practitioners in identifying those issues and some of the relevant tax concessions and exemptions that may be available.


 2:00pm - 3:00pm 
  9  9A - Key Updates :
Employment and Migration Law Intersections

CPD: Standard
Target Audience: All levels
Area of Law: Migration, Employment
Presenters: Mitchell Simmons and Shaun Wyn-Jones, Estrin Saul Migration Specialists

2024 has seen some of the most significant reforms to the employer sponsored visa framework in over a decade. The recent introduction of the Workplace Justice Visa in July 2024, changes to the conditions for employer sponsored visa holders that provide for greater flexibility to find a new sponsor, and the ongoing implementation of a Migration Strategy intended to more effectively target labour shortages, means that both employers and employees are confronted with a whole new world of obligations, challenges, and opportunities. We will guide you through these changes and how they may impact on your workload.

9B - Class Actions Overview

CPD: PS
Target Audience: Commercial lawyers
Area of Law: Commercial law
Presenters: Christopher Beames and Sara Gaertner, Johnson Winter Slattery

Over the last 30 years, representative proceedings (aka class actions) have become increasingly prominent in the Australian legal landscape – including actions against companies by their shareholders, customers, employees and investors. While South Australia does not have its own class action regime, a number of other State Supreme Courts and the Federal Court do, and the chances that your clients might find themselves as class/group members, or even as defendants, are on the rise. This session will look at the history and rise of class actions in Australia, along with some recent developments in the legal landscape. It will also provide a guide for practitioners on how class actions differ from ‘normal’ litigation, some of the different procedures and commercial dynamics at play, and what you should know in case your clients find themselves caught up in one.

9C- AI in Judicial Decision Making and ADR

CPD: Standard
Target Audience: All levels
Area of Law: General, ADR, Technology
Presenters: Margaret Castles, The University of Adelaide; Cameron Akehurst, The University of Adelaide

Lawyers and law students are using AI to supplement their own research and writing, and futurists argue that soon enough we will have AI making judicial decisions. We already have examples of AI being used to resolve disputes in ADR processes. Is this a path we should be going down?
Recent Adelaide Law School graduate Cameron Akehurst discusses his Honours Thesis that looks at whether AI offers benefits to justice or compromises the very basis of the rule of law in our society. He will consider how and when AI might be used in the Judicial decision making, as well as examining the use of AI to help parties to make decisions about legal outcomes in Alternative Dispute Resolution. Justice Access is increasingly remote for many people in Australian society - does AI offer a solution, or does it risk creating "robo Law" at the expense of fundamental expectations of our legal system.
This session will be in Q&A format, exploring the different uses of AI in decision making and how they can assist or undermine justice access.

 3:30pm - 4:30pm      10  10A - Employment Law in Complex Mergers :
The UniSA - Uni Adelaide Case

CPD: PS
Target Audience: All levels
Area of Law: Employment
Presenter: Chris Morrey, HWL Ebsworth Lawyers

Using the learnings and experience from his involvement in the initial stages of the formation of the new Adelaide University from the merger of the University of Adelaide and the University of South Australia, Chris Morey will explore the key principles for consideration from an employment, workplace relations and industrial relations perspective. In complex mergers, all too often, employment considerations are treated as an afterthought. However, a poorly planned or executed approach to these issues can easily destroy or delay an otherwise carefully considered merger process. Early consideration of the issues, consultation and communication, and a level of flexibility to address emerging issues will help guide towards a positive and successful outcome. Chris Morey unpacks the ten commandments from an employment law perspective in complex mergers.

10B - The Ethics of Acting for
Clients without Capacity

CPD: Ethics
Target audience: All levels
Area of Law: Family, Criminal, Succession, Civil law
Presenters: Alice Rolls and Andrew Bickle, Legal Services Commission of South Australia

In South Australia, lawyers are obliged under the Legal Practitioners’ Conduct Rules to ‘follow a client’s lawful, proper and competent instructions’. But what happens when a client is unable to give competent instructions due to a mental incapacity or when their capacity is in doubt? Are the tests for capacity legal or medical tests? When should a Litigation Guardian be appointed?
This presentation will address these questions and more, with a practical focus on case studies from the work of the Civil Law team at the Legal Services Commission. Undoubtedly, people with impaired capacity are vulnerable, both to exploitation by others and to the consequences of the decisions they are required to make. It is the lawyer's ethical duty to ensure the interests of their client are safeguarded at all times.

10C - What do Judges Want?

CPD: PS
Target Audience: All levels
Area of Law: General
Presenters: The Hon Justice Mark Livesey, President of the Court of Appeal, Supreme Court of South Australia
The Hon Justice Chris Bleby, Court of Appeal, Supreme Court of South Australia
The Hon Justice Laura Stein, Supreme Court of South Australia
 

This session will explore critical aspects of courtroom law, with a particular focus on judicial expectations. The panel of esteemed judges will share insights on how practitioners can present well-reasoned arguments, uphold professionalism, and maintain decorum in the courtroom.
Key themes will include effective advocacy, procedural adherence, and strategies for navigating the judicial process efficiently. Practitioners will gain valuable guidance on meeting judicial expectations and enhancing their courtroom effectiveness.


Click here to Register.

CPD programs are accurate at the time of printing and subject to change.

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