CPD Sessions March 2021

Monday 22 March 5:30pm:  Michelle Yu –  “Immigration law issues, for criminal lawyers” : Substantive Law

What are the possible immigration law implications for visa holders and other non-citizens who have criminal law issues?

This presentation will go through some of the possible implications and provide tips on how to handle these issues both before and after they arise.

Tuesday 23 March 5:30pm: Phillip Friedlander “Dividing up the assets” Family Law : Substantive & Barristers Skills

Substantive Law – Property Division in short, medium and long term relationships.

Barristers’ Skills – Fast and Slow Thinking

Wednesday 24 March 5:30pm: Sean Brennan  “Cross Examination”

On 16 April 2014 in an ICAC hearing, Commissioner Watson asked the then Premier this question:

Q             Mr O’Farrell, I’ll show you the originals of the documents that were recovered overnight and I’ll just ask you to have a look at them and just confirm it is your handwriting and they were your documents. Is that right?

A             Yes.

The question ended the O’Farrell NSW Premiership because the document, a thank you note for a bottle of 1959 Penfold’s Grange, contradicted the Premier’s denial the previous day of having been given such a gift, either at all or in particular by a person thought to have corrupt dealings with government.  Being forced to admit he wrote a receipt for it destroyed his credit.

We might all wish to be the one who stood up and looked so brilliant by asking such a devastating question, but we rarely have such good material to work with.

In reality, effective day to day cross examination relies on strategy, case theory, and sometimes even imagination.  You don’t actually need extrinsic material to test evidence.  Come along and find out how to cross examine when you’ve got nothing!

Thursday 25 March 5:30pm: Beth Oliak “Artificial Intelligence and its effect on IP law”: Substantive Law

Artificial Intelligence (“AI”) has the capability to learn and then innovate and create (for example, paint a painting or write a book). This presentation will explore the impact that AI has on IP law, including whether current IP laws are outdated given that they often require a “human” author or creator. It will also address public policy considerations that arise when considering whether the laws should be changed and what practitioners should be aware of when faced with such issues.

Monday 29 March 5:30pm: David Ash “Barristers do ethics in a framework” : Ethics Strand

The first frame has traditionally been competence in the law. Rapidly – the amended American Model Bar Rules is an example – the frame is being reworked to include competence in practice technology. The second frame has traditionally been advocacy, ie advising and appearing for clients in courts, tribunals and inquiries. Rapidly – the rise and rise of ASIC and the ACCC is the paradigm example – the frame is being reworked to include dealing with regulatory bodies whose aims are not only black and white finality but the grey of continuing administration. This seminar will look at these changing environments and their effect on the way we practise as ethical professionals.

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