Commercial Law Association seminars in May-June

15/04/2009

The Commercial Law Association has announced a series of seminars in May-June 2009. For more information regarding any or all of the following seminars, or to register online, visit the CLA web site.

Affordable Aged Care: Current issues, innovative solutions and the role of insurance 1.30 pm -4.30 pm Thursday 7 May, Gadens, Level 16 Skygarden, 77 Castlereagh Street, Sydney

•��� Legal issues concerning elder law and advance care planning, •��� Financial and healthcare issues. Options for insurers and legal practitioners. •��� Regulatory regimes on powers of attorney and guardianship laws, Current problems. •��� Real cost of living in Retirement and Nursing Homes. •��� Funding care into the future. Potential role for new insurance products. •��� US and European experience – long care models •��� Legal framework for insurance products. •��� Case studies

Hon Justine Elliott, Minister for Aging, Federal Government The Hon. John Watkins, CEO of Alzheimer’s Australia NSW and former NSW� Deputy Premier

Associate Professor Cameron Stewart Cameron Stewart is an Associate Professor in Law at Sydney Law School and Associate Professor at the Centre for Values, Ethics and the Law in Medicine at the University of Sydney.

Arthur Koumoukelis Arthur is the gadens lawyers Sydney office partner in charge of Aged Care and Retirement Villages.�

John Walker John Walker is a Financial Adviser with RetireInvest and has worked in the financial services industry since 1984, spending all that time as a financial planner.

Harry Stout CEO ING Australia

Ray Giblett Ray Giblett is a Partner, Corporate Risk and Insurance, Gadens

Registration CLA members $275 Non members $335

Hot issues in Corporations Law 9.15 am -12.30 pm Friday 8 May 2009 Dixson Room, NSW State Library, Macquarie Street, Sydney

•��� The buck stops where ?:current developments in senior executive remuneration� •��� Disclosure and communication with shareholders and other stakeholders •��� Legal and governance developments, including the Rudd government proposals, APRA guidelines and Views of key governance bodies and proxy advisers •��� Current trends in remuneration structuring for CEOs and senior executives •��� Access to the company’s books. Who when and how. Statutory and general law rights. •��� Voluntary Administration Schemes. Recent issues. Case studies •��� Shareholder claims against insolvent companies

Warwick S Johnson (Chair) Former Barrister and Company Director

Presenters, Carolyn Pugsley, Senior Associate, Head Office Advisory Team, Freehills Dr Christos Mantziaris, Eigth Floor Selborne Chambers, Stephen Mullette,� Executive Lawyer,� Commercial Litigation, Insolvency and Finance Recoveries Bartier Perry, Greg Wrobel, Partmer, Holding Redlich Lawyers

Disclosure - oil on turbulent financial waters?

Friday 8 May 1.30 pm -5.00 pm Dixson Room, NSW State Library, Macquarie Street Sydney.

Recent ASIC initiatives for improving disclosure for retails investors in debentures and unlisted mortgage and property trusts. Keeping investors informed Superannuation Disclosure Effective communication: Clear concise and effective disclosure How to keep advertising out of court Disclosure of fees in Pdfs Performance fees

Jenny Wily, Wily Legal and Consulting Pty Limited Michael Vrisakis, Partner Freehills Claire Wivell Plater, Director Gold Seal Lynne Peach, Partner, Minter Ellison Scott Charaneka, Partner

Free seminar – Self Managed Super Funds Monday 10 May Graeme Colley, ING John Walker, RetireInvest RetireInvest boardroom, level 8, 10 Barrack Street, Sydney ** International Seminar –Outward Investment case study into Asia** Wednesday 27 May at 4.30 pm -6.00 pm, Corrs Chambers Westgarth, level 32 Governor Phillip tower, Farrer Place, Sydney

Andrew Percival MC will take an expert panel through an outward investment scenario in relation to an Australian entity looking at offshoring options in Asia (China, Taiwan, Vietnam, Thailand, etc).� The format of the event is designed to encourage audience interaction with significant opportunity after the case study for Q&A and networking.

Recent developments in Trade Practices Parts 4 & 5

Friday 19 June, 9.15 am 12.30 pm, Dixson Room NSW State Library

Section 46 - Misuse of Market Power. The commercial implications fo the ‘Birdsville Amendments’. (Amendment Bill 2008) Bill Reid, Partner Blake Dawson

Section 52. Matters of Liability. Interface between liability and exclusion clauses. Case studies. Christopher Hodgekiss SC _ The Franchising Code of Conduct. Interface Section 52 and the Franchise Code_. Fiona Wallwork, Partner, Deacons

Cartels Brent Fisse.

Director’s duties in trying times. The ‘ins but not outs’ for directors in the current economic climate

Friday 19 June, 1.30 pm -4.45 pm Friday 19 June, Dixson Room, NSW State Library

Insurance & indemnities Louise Cantrill, Special Counsel, Risk Insurance Group HDY Independent advice Jason Munstermann, Partner Commercial Disputes, HDY, Insolvency, directors' & officers' duties and exposures during times of financial distress Alex Smith, Senior Associate, Banking Restructuring & Insolvency, HDY

In the spotlight - current issues and recent cases, trends in shareholder claims and class actions and what might be expected in the near future recent consideration of directors' & officers' defences to allegations of breach of duty

Kathy Merrick, Partner, Commercial Disputes Group HDY, Kerry Abadee, Senior Associate, Commercial Disputes, HDY ** Current Issues in Insolvency Conference** 9.30 am -5.00 pm Friday 31 July, Dixson Room, NSW State Library, Macquarie Street,�

Opening: Justice Austin ��� Session 1 Chair & Commentator: Richard Fisher AM, General Counsel and Adjunct Professor, Graduate School of Government, University of Sydney��� ��� Paper 1: Corporate benefit, directors’ duties and voidable transactions after Bell v Westpac (2008) WASC 239��� Speaker: Associate Professor Lee Aitken, Hong Kong University ��� ��� Session 2��� ��� ��� Chair: Mark Robinson, Partner PPB Paper 2: ��� UNCITRAL model law��� Speaker:��� Scott Atkins, Partner, Commentator John Martin, Partner Henry Davis York Paper 3:��� The duties of receivers and managers Speaker:��� Richard Fisher AM ��� ��� Session 3��� Chair: Ian Ferrier AM, Chairman BRI Ferrier��� ��� Paper 4: ��� Hall v Poolman: Why directors need to fear liquidators for Insolvent Trading Liquidators can bring proceedings although they may result in little return for unsecured creditors Liquidators don not normally need Court leave to enter into litigation funding agreements Public interest in liquidators pursuing directors for insolvent trading Speaker:��� Michael Quinlan, Partner Allens Arthur Robinson Paper 5:��� Recent cases: possibilities Ansett (set-off), inc tax, GST Speaker:��� Tony Ryan Partner Blake Dawson

Session 4��� Chair:� Joe , McGrath Nicol��� ��� Paper 6:��� Reform Issues: Sons of Gwalia, Chapter 11, Insolvent Trading Speaker:��� James Marshall, Partner Blake Dawson Paper 7:��� S 1323 Corporations Act issues Speaker:��� Leo Gor, Barrister, University Chambers Open forum and Closing Address: Justice Barrett

Journal of Equity and Commercial Law Association conference Equity and Financial Stress

Friday, 14 August 2009, 9.15 am-12.30 pm Dixson Room, NSW State Library

Chairs The Hon Justice Michael Kirby Professor Keith Mason The Hon Justice Kevin Lindgren The Hon Justice Margaret Stone ��� ��� ��� ��� Speakers Mark Leeming: The Fiduciary Obligation: Scope of Fiduciary Duty Professor Michael Bryan:� Undue Influence/Unconscionability and Third parties Dr Joshua Getzler: Fiduciary Investment and Duties of Care: Was Lord Eldon Right? Professor Peter Watts:� Constructive Trusts and Insolvency

**15 April 2009 **

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