LAW SUMMER SCHOOL 2013 - The University of Western Australia

A Moment to Think!
LAW SUMMER SCHOOL 2013
Western Australia’s Legal Professional Development Conference
Reaching Out for Legal Knowledge, Expertise and Engagement
Friday 22nd February • The University Club, The University of Western Australia
KEY REASONS TO ATTEND
Mingle with your colleagues • Hear over 20 leading professional experts • Achieve up to 7 CPD Points

WELCOME
Law Summer School 2013 is a celebration of leading thinkers, practitioners and
professional role models. It is the perfect opportunity to refresh your skills and
knowledge as we enter a brand new year, with summer in the air and a beautiful
Law Summer School environment to inspire you.
The Law Society of Western Australia and The University of Western Australia’s Law
School have collaborated to present an excellent programme for 2013 including diverse
topics, viewpoints, current knowledge and discussions.
Attending Law Summer School 2013 provides a great opportunity to take time to
relax with colleagues in the beautiful surrounds of The University of Western Australia.
We encourage individuals of all ages and areas within the legal profession to register
and enjoy Law Summer School 2013.
Joint Chair Organising Committee
Law Summer School
HISTORICAL
SIGNIFICANCE
The tradition of Law Summer School developed from the
profession’s quest to stay up-to-date with current issues and
topics of importance; issues were presented and debated by
leading members of the profession along with academics.
Initiated by names such as Mr Eddie Nicholson, Professor
Frank Beasley and Sir FTP Burt AC KCMG QC, subsequent Law
Summer Schools have been enjoyed by many members of the
profession from all across Western Australia and beyond.
Mr Gregory Boyle
Joint Chair Organising Committee
Professor Stuart Kaye
Joint Chair Organising Committee
Just as history informs our future, Law Summer School
continues to play a central role in continuing professional
development (CPD) in Western Australia. It goes beyond the
provision of legal learning and the achievement of mandatory
points to ensure the values of focused discussion, collegiality,
and professional affiliation continue into new paradigms,
business shifts and future opportunities.
Register Online www.lawsocietywa.asn.au • Enquiries (08) 9324 8600 / Fax (08) 9324 8699
Register online at lawsocietywa.asn.au Enquiries (08) 9324 8600 Fax (08) 9324 8699

PROGRAMME AT A GLANCE
TIME DESCRIPTION CPD POINTS
7.15 Registration and Breakfast
8.00 - 9.00 1. Breakfast Plenary - Law & Responsibility – Speaker: Dr Stuart Palmer, St James Ethics Centre, Sydney 1.0 CPD Comp 2
9.15 - 10.15 2. Plenary - Ethics in the Public Square – Speakers: Father Frank Brennan SJ AO, Director of Strategic Research Projects
(Social Justice and Ethics), Australian Catholic University with The Hon. Judi Moylan MP and The Hon. Tom Stephens MLA
10.15 - 10.45 Morning Tea
10.45 - 12.45 3. Plenary – The Future of the National Legal Profession
Chair: Dr Christopher Kendall, John Toohey Chambers
Speakers: Joseph Catanzariti, President-Elect, The Law Council of Australia: A Law Council of Australia Perspective
Solicitor-General Grant Donaldson SC - A Western Australian Update
12.45 - 1.45 LUNCHEON
1.45 - 3.15 4. Concurrent Sessions – Select one only from a choice of A, B, C or D
4A. Commercial Transactions
Chair: Brahma Dharmananda SC, Francis Burt Chambers
Topic 1: Identification of the Client – Julian Sher, Partner, Holman Fenwick Willan
Topic 2: The Tobacco Plain Packaging Act 2011 (Cth) – Professor Michael Blakeney, UWA
Topic 3: Continuous Disclosure: Has the FMG case shifted the goal posts? – Bruce Dodd, Regional Commissioner, ASIC
Western Australia
4B. Remedies
Chair: The Hon. Justice Ken Martin, Supreme Court of Western Australia
Topic 1: Constructive Trust Developments from 2012 – Professor Michael Bryan, University of Melbourne
Topic 2: Assessment of Damages – Loss of a Chance – The Hon. Justice James Edelman, Supreme Court of Western
Australia
Topic 3: Anticipatory Remedies – John Vaughan, Francis Burt Chambers
4C. Commercial Arbitration
Chair: Craig Colvin SC, Francis Burt Chambers
Topic 1: Legal Regimes for International and Domestic Arbitration in Australia – Professor Richard Garnett, University
of Melbourne
Topic 2: The Enforcement of Foreign Awards – Kanaga Dharmananda SC, Francis Burt Chambers
Topic 3: Arbitration V Litigation – Michael Feutrill, Francis Burt Chambers
4D. Criminal Organisations Control Act
Chair: Tom Percy QC, Albert Wollf Chambers
Topic 1: Constitutional Questions of State Legislative Approaches to Terrorism and Organised Crime – Professor
John Williams, Dean of Adelaide Law School, Gabrielle Appleby, Senior Lecturer, Adelaide Law School
Topic 2: Inner Workings of the Criminal Organisations Control Act – Laurie Levy SC, Francis Burt Chambers
Topic 3: A Legislative Approach to Anti-Social Behaviour – The Hon. Michael Mischin MLC, Office of the Attorney General,
Western Australia
3.15 - 3.45 Afternoon Tea
1.0 CPD Comp 2
2.0 CPD Comp 2
0.5 CPD Comp 2
1.0 CPD Comp 3
1.5 CPD Comp 3
0.5 CPD Comp 3
0.5 CPD Comp 3
0.5 CPD Comp 1
1.5 CPD Comp 3
3.45 - 4.45 5. Plenary – Law and Literature in the Whitlam Dismissal – Speaker: The Hon. Nicholas Hasluck AM 1.0 CPD Comp 1
4.45 - 5.15 6. Plenary – Legal Issues Concerning Sharks in Western Australian Waters – Speaker: Professor Erika Techera, UWA 0.5 CPD Comp 3
5.15 to 6.15 Society Club Drinks and Networking
Plenary Session Topics
Law & Responsibility
An exploration of the practical considerations
that lawyers face incorporating their professional
responsibilities into a commercial practice.
Ethics in the Public Square
A thought provoking argument that the legal
profession has a civic responsibility to assist society
and to advocate with government for laws which
respect human rights and enhance the common good.
The Future of the National Legal
Profession
A controversial topic, this session will explore the
current state of national legal profession reform, its
future and why reform is an important objective.
Law and Literature in the Whitlam
Dismissal
Good literature and the legal system depend upon a
client’s story being fully understood and told well. This
session is a discussion of how these considerations
operate in the context of a constitutional crisis, and
are affected by different points of view.
Legal Issues Concerning Sharks in
WA Waters
A fascinating insight into shark protection through
legislation, including the influence of international
and national laws, and possible strategies to enhance
shark protection in the future.
NOTE: THE LAW SOCIETY OF WESTERN AUSTRALIA RESERVES THE RIGHT TO ALTER THIS PROGRAM OR PRESENTER(S) WITHOUT FURTHER NOTICE. HOWEVER THE PROGRAM IS INTENDED TO RUN AS ADVERTISED AND IS CORRECT AS OF DATE OF PUBLISHING

Dr Stuart Palmer
Head of Practice at St James
Ethics Centre
Dr Palmer provides expertise to
a wide range of organisations in
society and the economy to assist
them in addressing the ethical
dimension of their activities.
Formerly a practising lawyer,
Dr Palmer has also worked in
finance and investment, and has
a PhD in philosophy. Dr Palmer
also holds a number of nonexecutive
directorships and
volunteer positions.
Father Frank Brennan
SJ AO
Director of Strategic Research
Projects (Social Justice and Ethics),
Australian Catholic University.
Father Brennan is an Officer of the Order
of Australia (AO) for services in the areas
of law and social justice. The National
Trust has classified him as a Living
National Treasure. He is a Jesuit priest,
Professor of Law at Australian Catholic
University and Adjunct Professor at the
ANU. He is a prolific author and at the
launch of Father Brennan’s book Acting
on Conscience, Kevin Rudd described
Frank as “an ethical burr in the nation’s
saddle”.
Professor
Michael Bryan
University of Melbourne
Professor Bryan is Emeritus
Professor of Law at the University
of Melbourne, and author of many
legal texts and publications. His
legal writing includes as an editor
of Ford and Lee’s Principles of
the Law of Trusts, and co-author
on Equity and Trusts in Australia
(Cambridge 2012). He has
published extensively in the area
of equity, trusts and restitution.
The Hon. Justice
James Edelman
Supreme Court of Western
Australia
Justice Edelman was appointed
to the Supreme Court in 2011.
He has Bachelor degrees in
Economics, Law and Commerce.
Justice Edelman was awarded a
Rhodes scholarship and obtained
a PhD from the University of
Oxford in 2001. Justice Edelman
lectured at Oxford from 2005,
and was appointed Professor in
2008, teaching remedies, trusts,
torts, and contract law. He also
practised as a barrister in Perth
and England.
Professor
Richard Garnett
University of Melbourne
Professor Garnett is Professor
of Private International Law at
the University of Melbourne. He
regularly advises and appears
in cross-border litigation and
arbitration matters. Professor
Garnett has written extensively in
the field of international dispute
resolution, with his work cited
by the International Court of
Justice and US, Singapore and
Australian superior courts. His
book Substance and Procedure
in Private International Law was
published this year.
Register online at lawsocietywa.asn.au Enquiries (08) 9324 8600 Fax (08) 9324 8699

LAW SUMMER SCHOOL 2013
The Honourable
Michael Mischin MLC
Attorney General
Michael Mischin was appointed
WA Attorney General in June 2012.
He was elected to parliament in
September 2008 and served as the
Parliamentary Secretary. Before
entering parliament, Mr Mischin was
a Senior State Prosecutor with the
Director of Public Prosecutions for
Western Australia. He graduated
from UWA with Honours in Laws and
Jurisprudence in 1982 and practised
in private law firms until 1985 when
he joined the Crown Law Department.
Professor
John Williams
Dean of Adelaide Law School
Professor Williams is the Dean of
the Adelaide Law School. Prior to
his appointment as Professor in
Law in 2006 he was a Reader at
the Australian National University
(2004-2005), a Senior Lecturer
(1999-2003) and Lecturer (1997-
1998) at the Adelaide Law School.
John’s main research interests
are constitutional law, the High
Court of Australia, comparative
constitutional law, federalism
and legal history.
Gabrielle Appleby
Adelaide Law School
Senior Lecturer Gabrielle Appleby
has published in public law, looking
at questions of federalism, executive
power and accountability, and the
limits imposed by Chapter III. She
is the co-editor of The Future of
Australian Federalism: Comparative
and Interdisciplinary Perspectives
(Cambridge University Press, 2012)
and the co-author of Public Law (Oxford
University Press, 2011). She has held
positions at the Victorian Government
Solicitor’s Office and at Crown Law in
Queensland.
The Hon. Nicholas
Hasluck AM
Nicholas Hasluck was educated
at the Universities of Western
Australia and Oxford. Having
practised law in Perth for many
years, he was appointed to the
Supreme Court, and has now
retired. He served also as Chair
of the Literature Board of the
Australia Council and as Chair
of the Commonwealth Writers
Prize. His eleven works of fiction
include Dismissal, a recent novel
about the downfall of the Whitlam
Government.
Professor
Erika Techera
University of Western Australia
Law School
An expert in environmental
law, Professor Techera has two
Masters Degrees and a PhD in
environmental law. She practised
as a barrister becoming Director
of the Centre for International &
Environmental Law at Macquarie
University, Sydney. Erika is a
member of the IUCN Commission
on Environmental Law and World
Commission on Protected Areas.
Register online at lawsocietywa.asn.au Fax (08) 9324 8699 Enquiries (08) 9324 8600

BECOME A
LAW SOCIETY
MEMBER
TODAY.
Be the
best you
can be.
Give
back.
Fuel
your
firm’s
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Connect
Value
And there are some nice little
membership perks just for you to
save you money...
• $395 off Qantas Club membership
• No private banking fees with
Bankwest
• Big discounts off health and general
insurance
• Many more Member Privileges can be
found at www.lawsocietywa.asn.au
Ask us about the special CPD
membership package: tap into
unlimited CPD for an upfront fee!
The Law Society is your forum for
knowledge exchange, growing your
network and sharing ideas and
experience
• Free discussion groups
• Social and sporting events
• Society Club – networking with peers
• Social media and online communities
News to keep you informed:
• Brief Journal monthly
• Digital news – Friday Facts,
Young Lawyers News
Support
Learn
We support you across all stages of
your career through lifelong learning
opportunities
• Programs for young lawyers
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training
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• Free member discussion forums
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• Resources and toolkits to assist you
in your role and to help you manage
your business better
Life as a lawyer or in a law firm can
be challenging. We are here to
support you and promote wellbeing
and balance
• LawCare(WA) offers 3 free
counselling sessions per annum
and a wealth of online resources
• Ethical guidance via our Senior
Advisors Panel or support through our
Members Advice Referral Service
• Mentoring schemes
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Influence
The power of our membership community
will help you to drive change and influence
• Get involved in over 40 committees or
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to justice through pro bono work or
participating in over 20 community
events annually
• Be recognised for your contribution
– we reward excellence and profile
success through our Awards scheme and
publications
Register online at lawsocietywa.asn.au Enquiries (08) 9324 8600 Fax (08) 9324 8699

LAW SUMMER SCHOOL REGISTRATION FORM AND TAX INVOICE ABN 41 434 516 549
To register for Law Summer School only complete boxes 1,2, and 5.
To become a member and register for Law Summer School complete all boxes.
Please use one registration form per person, photocopy if additional copies are required.
HOW TO REGISTER
Online: www.lawsocietywa.asn.au Fax: (08) 9324 8699
Email: cpd@lawsocietywa.asn.au
Mail: PO Box Z5345, PERTH WA 6831 or
DX 173 PERTH
1. EVENT OPTIONS AND PRICING (All prices are GST inclusive)
Law Society Members
Individuals at least 5 years practising
Law Society Non Members
Law Society Members
(individuals less than 5 years practising, articled clerks/
practical legal training (PLT) and students)
Full-day Registration $965
Full-day Registration $1,680
Full-day Registration $570
Please choose one only of the following concurrent sessions:
Seminar A Commercial Transactions Seminar C Commercial Arbitration
Seminar B Remedies
Seminar D Criminal Organisations Control Act
2. REGISTRATION DETAILS
Law Society Membership No:
First Name:
Surname:
Position Title:
Postal Address:
Email Address:
Special Dietary Requirements:
Year Admitted:
Preferred Name:
Organisation:
Phone:
3. PLEASE COMPLETE IF YOU ALSO WISH TO APPLY TO BECOME A
MEMBER OF THE LAW SOCIETY
Home Address:
Home Phone:
Mobile:
Qualifications:
Date of Admission:
4. PLEASE TICK YOUR CATEGORY OF MEMBERSHIP (Valid to 30/6/2013)
MEMBERSHIP CATEGORY
For the below categories please
attach your Practising Certificate
FEE MEMBERSHIP CATEGORY
For the below categories, please attach supporting
documentation (i.e. proof of employment, academic
transcript)
Senior (City) $360 Associate $225
Senior (Country) $315 Associate – Academic/Parliamentary/Retired $120
Senior (Government) $225 Associate – Legal Trainee/Articled Clerk $120
Senior (Part-time) $210 Associate – Community Legal Centre $225
Member – WA Bar $320 Associate – Law Office Management $120
Member – WA Bar
$200 Associate – Law Student $40
Association (Part-time)
Restricted Practitioner $225
(1-2 years post-admission)
“I authorise the Society to disclose the fact of my membership to any reputable organisation with
which the Society might, from time to time, be associated if that association results in a benefit to
the Society which the Society will apply in pursuance of its objects” Yes No
All new members are listed in the Society’s Brief journal. Would you like to be included in this
listing? Yes No
5. PAYMENT DETAILS (Please note payment must be received prior to the event)
I wish to pay a total amount of _________ via:
Visa AMEX Mastercard
Cheque
Please note cheques must be made payable to the ‘Law Society of Western Australia’
Card Number: Expiry Date:
Cardholder’s Name:
Signature:
I have read and agree to the Terms and Conditions* below.
Signature:
FEE
1. The Law Society of Western Australia reserves the right to alter this program or presenter(s) without further notice, however the program is intended to run as advertised. 2. Cancellations will incur a $125 fee and must be advised at least 14 days prior to the event. Refunds will not be granted if a registrant fails
to attend an event or cancels after 8 February 2013. 3. Registrations close on 15 February 2013 and no admittance will be granted to attendees who have not registered by this date. 4. Places at this conference are strictly limited to a maximum of 250 attendees. Registrations received after the conference is fully
booked will be waitlisted, however no guarantee is provided that registrants will be able to attend. 5. The Law Society of Western Australia endorses moderation and a responsible attitude towards alcohol at the 2013 Law Summer School Conference. 6. Certain dietary requirements are subject to additional costs.
The Law Society of Society of Western Australia reserves the right to pass these costs onto the attendee. Privacy Policy: Please note that information you provide will be collected for the purposes of processing your registration and recording your attendance. Confirmation of attendance will be provided to the
Legal Practice Board of Western Australia when requested. The Law Society may also use this information to provide you with information in relation to future seminars which may be relevant to you.
Register online at lawsocietywa.asn.au Fax (08) 9324 8699 Enquiries (08) 9324 8600

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the legal profession that affect my practice and my
and influencing the way we practise. The Law Society is worthy of
clients and to have input on legal changes.”
the support of every practitioner in Western Australia.”
Matthew Keogh, Herbert Smith Freehills
Julian Sher, Holman Fenwick Willan
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membership of the Law Society is my connection
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Alexandra Turner, Wrays