Performance managing an employee who has a mental illness is complex. Employers need to walk a tightrope between anti-discrimination laws and work, health and safety laws. How can an employer best manage its obligations when performance managing employees with mental illnesses? Implementing strong policies and procedures Providing appropriate training to key personnel regarding mental health
Many parents wish to leave their estates split equally between their children. In practice this can be challenging to achieve because of the specific facts and circumstances which apply for each child. This session considers when equalisation challenges arise, including:
Tax equalisation issues
resident versus non-resident beneficiaries
splitting the family home
who should bear the tax? Achieving tax equalisation through the will
The uncertain Australian property market means that land banking options and opprtunities are more relevant than ever.
To the legal adviser, due diligence means legal and regulatory due diligence. But that is only a small part of a much larger picture. This session explains the overall due diligence framework, the respective elements and how they fit together. It covers:
General principles of due diligence:
overall planning
determining benchmarks
industry practice and norms and their role in due diligence
procedural issues including data rooms
Thorne v Kennedy has been a hot topic since 2017 but what has been the impact of this High Court decision? This session will look at crafting financial agreements in light of recent case law and examines the triggers that may see your financial agreement come undone. It covers:
Role of financial agreements after Thorne v Kennedy
Situations of economic imbalance – what advice should you be giving your clients?
Undue influence and unconscionable conduct – what is the test?
2018 saw the amendments to the Privacy Act 1988, including the introduction of the Mandatory Data Breach Laws. 2018 also saw a number of high-profile data breaches involving schools. This session examines the key changes and how schools can best manage their cybersecurity risks, and insurance and governance platforms. It covers:
Understanding the new data breach regime and key reporting obligations
Risk assessment and management strategies to prevent data breaches
Identifying eligible data breaches
People are looking for faster and more efficient ways to execute contracts, particularly when dealing with off-the-plan developments. This has led to the rise of electronic documentation, including electronic execution and smart contracts. But, what are the legal risks and how does it affect your practice? This session examines these issues as well as the recent digital property reforms, including:
Smart contracts in property matters:
What is a smart contract and how is it treated by the law?
There have been many GST cases but by far the largest group are disputes over GST clauses. Getting them right is always harder than it seems: so often the parties either ignore the clause or they don’t even think about GST, and then trouble ensues. This presentation will examine the key issues in the light of the wealth of decided cases. Why you need a GST clause: what happens if you don’t have one. GST clauses in principle – what you need to cover – the straight forward case:
When a family business is held in the family’s discretionary trust, what tax effective options are available to restructure the business for business succession purposes? This session explains how the small business restructure rollover (SBRR) can be used for in this way. It covers:
Understanding the SBRR:
what assets are covered by a SBRR?
who is eligible for the rollover?
what are the consequences of the SBRR for the transferor?
The new External Conduct Standards came into effect recently, imposing significant new governance, record-keeping and oversight obligations on charities with activities outside of Australia. The new regulations are wide-ranging and are likely to affect any charity sending money overseas or working with third parties operating outside Australia. This session examines what the new standards mean for your organisation and how to ensure you are prepared. It covers: Examining the new standards