1 November 2019
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Read the November edition of Brief now. In this edition: - Interview with Hon Justice Janine Pritchard, President, State Administrative Tribunal
- Annualised Salaries and Set-off Clauses: Are They Worth the Trouble?
- Rebates – A Fraud on the Financier?
- Nothing to Write Home About: Australia the Defamation Capital of the World
- Taxing Matters: The High Court of Australia's Glencore Decision
- Ethics Column: Being Retained
- Federal Court, High Court and Family Law Case Notes
- The latest Quirky Case and Drover's Dog
Did you know? You can read Brief on your
mobile device, including through the free Issuu app on the Apple App Store or Google Play. Once you have downloaded the Issuu app, links to editions of Brief (such as those in this Friday Facts) will automatically open in the app.
Notice of 2019 Law Society Annual General MeetingIn accordance with Rule 40 of the Law Society of Western Australia Inc Constitution, notice is hereby given to members that the 2019 Annual General Meeting (AGM) will be held on Thursday, 21 November 2019 at 5.15pm at Level 36, QV1 Building, 250 St Georges Terrace, Perth. All members are encouraged to attend. Click here to access the 2019 AGM Agenda. The Law Society thanks Herbert Smith Freehills for allowing the AGM to be held at its premises and providing refreshments following the meeting. David Price
Chief Executive Officer
New President of Women Lawyers of Western AustraliaThe Law Society congratulates Life Member and former President Clare Thompson, who has been elected President of Women Lawyers of Western Australia.
President of Western Australian Bar Association ReappointedThe Law Society congratulates Stephen Davies SC, who has been reappointed as President of the Western Australian Bar Association.
Australian Dispute Resolution Advisory Council – Study of ConciliationThe Australian Dispute Resolution Advisory Council (ADRAC) has published its Exposure Draft Report on Conciliation. ADRAC seeks submissions from any interested person or entity before publication of a final report. Submissions should be addressed to office@adrac.org.au and must be received by 4.00pm, 1 December 2019. Telephone enquiries can be made to Jeremy Gormly, member of the ADRAC Council on 0400 19 09 53.
Law Society Welcomes Increase to Payroll Tax ThresholdThe Law Society has welcomed the announcement this week by the State Government that it will lift the threshold on the exemption for payroll tax. Premier the Hon Mark McGowan MLA said the Government was “raising the threshold on the exemption for payroll tax by $150,000 over two years – raising it to $950,000 on 1 January 2020 and then to $1 million a year later.” In June this year, the Law Society joined with other peak professional and industry bodies to support a Chamber of Commerce and
Industry WA (CCIWA) campaign to increase the threshold. Law Society President Greg McIntyre SC said, “I commend the State Government on its decision. Increasing the payroll tax threshold will benefit small businesses and legal professionals working in private practice." »Read more
District Court – Names of PartiesFrom 1 December 2019 the District Court of Western Australia will be removing
the anonymised identity of parties in proceedings before the Court relating to
historic sexual abuse claims unless an order for anonymisation is first obtained. »Read more
Transition to e-Briefs by Perth Police ProsecutorsCommencing 28 October 2019, Police Prosecutors attending the Perth Magistrates Court will begin transitioning to an e-brief system. Hard copy briefs will be phased out by 16 December 2019. »Read more
Lawyer Visits to
Schools NetworkSouth Metro Primary Extension and Challenge (PEAC) – Manning
1 x group of 15 Year 5/6 students
Topic: Being a Lawyer
1.5hr session including Q&A
Wednesday, 6 November OR Wednesday, 11 November OR Wednesday, 20 November:
9.00am to 10.30am To volunteer please contact us on
(08) 9324 8686 or email schools@lawsocietywa.asn.au.
Continuing Professional Development
Thursday, 7 November 2019 | 5.30pm – 7.00pm
Also available as a webinar
Don’t miss out on this rare opportunity to hear from judicial officers of WA's three main courts and the SAT (His Honour Judge Alan Troy, District Court; Registrar Natalie Whitby, Supreme Court; Magistrate Deen Potter, Magistrates Court; and Senior Member David Aitken, State Administrative Tribunal). This annual seminar is always one of our most popular and special pricing is available for young lawyers. Don't miss out as our highly experienced speakers will provide advice on: - General conduct in the courts
- Expectations of junior lawyers
- Insights into conducting pre-trial processes
- Necessary documents for submission
Cyber Risk – Still Risky Business – Webinar
Wednesday, 13 November 2019 I 1.00pm – 2.00pm
Cyber risk can seem like a daunting issue to address, yet there are simple steps you can follow to resist a cyber-attack and rebound if one occurs. In this seminar presented by Carolyn Moss, Barrister, Francis Burt Chambers and chaired by Vicki Coles, Manager – Risk, Law Mutual (WA), learn: - Resistance – a basic cyber health check
- Recent and notable attacks (and what we can learn from them)
- The rebound – what needs to be dealt with and how best to recover
With thanks to our CPD partner
Thursday, 5 December, 5.30pm – 7.30pm | The Westin, 480 Hay Street, Perth
Members $35 | Non-Members $55
Remember last year’s fantastic End of Year Celebration at the Westin? We’re doing it all again with friends and colleagues to celebrate another busy and eventful year. Stop for a minute, catch up with people and have fun in the gorgeous surrounds of the Westin Hotel. As always the Law Society guarantees great refreshments and canapés, and this year, a surprise musical treat. So get a group together from your workplace or fly solo, but don’t miss our final event of 2019!
Professional Liability Risks and Controls in Litigation
12 November 2019 | 4.00pm – 5.00pm
JC van der Walt, Jackson McDonald
Accountability, Responsibility and
Authority – it’s all about the limits! 5 February 2020 | 1.00 pm – 2.00pm
Sean Popperwell, Popperwell & Co
2019/2020 Country Practitioners Risk Management Programme
WEBINARS – Country Practitioners Only
Communication Risk – How to Identify and Reduce Exposure20 November 2019
1.00pm – 2.00pm
Ronwyn North,
Streeton Consulting
Matter Management Guidelines – Providing 26 February 2020
12.00pm – 2.00pm
Vicki Coles, Manager Risk,
Law Mutual (WA)
Capital Partners are Western Australia’s largest independently owned and non-aligned financial advice firm. Capital Partners will provide a Second Opinion Service free of charge to Law Society members.
The Second Opinion Service assists successful people in better capturing the value created by their human capital. Law Society members that engage with Capital Partners for ongoing services will receive a 10% discount on their upfront strategic advice fee.* Visit capital-partners.com.au to learn more. Visit the members’ only
privileges page (password protected) to access the discount code. *Excludes insurance premiums and investment fees
To access the members only privileges page, use password: 2019LawSociety
Pro BonoAll applicants have been means tested and assessed by Law Access as being vulnerable people with great difficulty self-representing. If you are able to provide any assistance, please email lawaccess@lawaccess.net.au. - Family Law / debt: solicitors at a CLC are seeking advice about the procedure likely to be followed by a bank in a case where there was a shortfall on a mortgage after sale. The debt appears to have been paid by the bank’s insurer at this point but advice is sought about the ongoing liability of either or both of the parties to repay the debt pursuant to a signed acknowledgement of debt.
- Care and Protection: expressions of interest are sought from lawyers with experience in care and protection matters willing to occasionally provide pro bono assistance.
- Criminal law: initial advice is sought for an applicant facing
criminal charges arising from a prosecution by the WA Insurance Commission.
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