Benchmark Television
Continuing Legal Education
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Dear Subscriber
Become a foundation Benchmark CLE subscriber and claim your CLE points using the web based programs of Benchmark Television to 31 December 2016 for $330 (inclusive of GST).
There are 42 programs at the moment from which you can choose. A further 10 programs are about to be published and many more are in the pipeline. A range of videos fall within the areas of Compulsory CLE programs on practice management and business skills, professional skills, ethics and professional responsibility, equal employment opportunity principles, discrimination and harassment law, occupational health and safety law, employment law and substantive law.
You can choose from any of them and use as many as you like. They become addictive and you will find yourself watching many more of them than you are required to do under CLE rules.
The programs are filmed in a studio in HD and with crisp sound. They are almost comfort food. The family will wish to join in and you can project them on to the big screen even for breakfast or on a rainy day.
The fashion of presentation is to provide you with a memorable experience or at least some of the time. This is a new way of serious learning and we believe it promotes the likelihood that you will remember what was said and shown well into the future.
A podium lecture is not necessarily best. Don’t watch Benchmark Television when you are tired, treat it as special experience and enjoy.
This is serious legal education in a new format. You are given a very considerable choice of programs and you will find the ones that please you and assist you in your practice.
Benchmark Television has taken 8 years in the making.
All the programs are accessible on your mobile devices and computers. Papers and questions and answers will be provided on request.
Also if you wish we will record your CLE usage for audit purposes although this is optional. Please email us to arrange a CLE record at cle@benchmarkinc.com.au
The programs vary in length, from 20 minutes to 1 hour 20 minutes.
Many of the presenters are eminent authors and Senior Counsel.
You can participate in your CLEs anytime and anywhere, using web based Benchmark Television productions.
To assist you in assessing your obligations and the CLE rules, Benchmark has prepared a national analysis of the rules, which we are happy to provide – for each state and territory and for both solicitors and barristers.
The Benchmark videos, are available anytime and at any place, to be played on your mobile device, or desktop computer, just as you have been watching the Benchmark videos to date.
If you have been able to watch the videos to date your system will continue to support watching.
Watch Benchmark CLE productions
Pay $330 (inc GST) for Benchmark Television CLE until 31 December 2016
Warm regards
Alan Conolly for Benchmark
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| Nicholas Kidd SC and Shahan Ahmed on liability of Australian financial services licensees for the misconduct of their authorised |
| Nicholas Kidd SC and Shahan Ahmed review sections of the Corporations Act 2001 (Cth) governing the provision of financial services. They also review liability for misconduct by authorised representatives in the provision of such services with reference to Casacland v Wealthsure Pty Ltd [2015] FCA 761. |
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| The Hon. Ian Coleman SC with Dasith Vithanage on property settlement |
| The Hon. Ian Coleman SC (Barrister) discusses Stanford v Stanford [2012] HCA 52; 247 CLR 108 and its effect on Hickey v Hickey (2003) FLC 93-143. |
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| Sarah Hill and Michelle Daniels present on legal capacity |
| Sarah Hill and Michelle Daniels discuss the common law presumption of sanity, and the tests for determining whether somebody is capable of managing their own affairs or making a will. |
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| Associate Professor Neil Foster with Ian Benson on Criminal Sanctions for Workplace Accidents |
| Associate Professor Neil Foster discusses one of his primary research interests – the Work Health and Safety Act 2011 (NSW). |
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| Paul Blacket SC and Peter Neil SC on Malicious Prosecution |
| Wrongly convicted person awarded substantial damages. |
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| Kevin Connor SC and Awais Ahmad on subpoenas issued by insurers against their insureds |
| Kevin Connor SC and Awais Ahmad consider the recent case of Lowery v Insurance Australia Ltd [2015] NSWCA 303 and discuss the issues that arise when an insurer issues a subpoena to its insured. |
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| Dennis Flaherty on appealing against decisions of a trustee in bankruptcy |
| Dennis Flaherty discusses provable debts in bankruptcy and a bankrupt’s right of appeal against the decisions of a trustee in bankruptcy, both of which are issues that arose in Agresta v Trustee of Agresta [2015] FCA 46 |
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| Dr Harry Melkonian on court orders with an international dimension |
| Dr Harry Melkonian with Ian Benson discusses the variety of orders courts make relating to activities in other jurisdictions, including freezing orders, anti-suit injunctions, worldwide injunctions and actions commenced under long-arm provisions. |
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| David Pritchard SC and Ben Zipser on powers of attorney |
| David Pritchard SC and Ben Zipser discuss misrepresentations in the context of powers of attorney |
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| Dr Harry Melkonian and Stephen Blanks on Gun Control in USA and Australia - Part I |
| US constitutional lawyer Dr Harry Melkonian and New South Wales Council for Civil Liberties President Stephen Blanks discuss the legal and cultural aspects of gun control both in the USA and Australia - Part 1 |
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| Bill Washington on family provision claims by stepchildren |
| Bill Washington discusses a family provision application by a stepchild who had fallen out of contact with the deceased. |
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| Allan Blank and Alun Hill on claims against an estate |
| Allan Blank and Alun Hill discuss a recent case in which family provision and contractual claims were made against a deceased estate |
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| Christopher Wood and Daniel Krochmalik on dangers of statutory demands under the Corporations Law |
| Be very careful before you attempt recovery by statutory demand under the Corporations Law. Also a caution to those who do not appear - it will not save them from an order for costs. |
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| Brian Skinner on grandchildren and the Succession Act (NSW) |
| The Succession Act (NSW) and grandchildren. |
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| Paul Lawrie on Police Torts |
| Paul Lawrie discusses the issues that arise when suing or defending police for torts allegedly committed during an arrest. |
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| Dai Le and Reynah Tang on the Bamboo Ceiling in the Australian Legal Profession |
| Australian Lawyers with Asian heritage participating in the profession. |
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| Gabriel Wendler and Stephen Odgers SC on trial date delays in criminal matters |
| Gabriel Wendler and Stephen Odgers SC discuss Cheih-Wei Lin v R - in which the Court of Criminal Appeal held that a trial judge was wrong to postpone the trial as requested by the Crown. |
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| Julian Sexton SC on interpreting a disability policy of insurance |
| A consideration of Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015] NSWCA 104. |
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| Graham Barter on Judicial Review of Administrative Action |
| Graham Barter believes the practice of judicial review is a most exciting area of current law. We agree. |
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| Erik de Jong and Alan Conolly on executive coaching for lawyers |
| Expert coach Erik de Jong talks about executive coaching, an underutilised resource in law firms. |
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| Angus Stewart and Catherine Gleeson on Admiralty Law |
| Something we should all know – how to arrest a ship! |
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| Stephen Keim SC and Kevin Connor SC on Natural Justice |
| Stephen Keim SC and Kevin Connor SC discuss the right to natural justice of a medical practitioner on the one hand, and the privacy and confidentiality of witnesses on the other. |
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| Martin Luitingh and Terry Grace on Advocates’ Immunity in Australia |
| Advocates’ immunity has been a controversial topic for many years. Barrister Martin Luitingh argues that Australia is alone in maintaining the immunity and should abandon it. |
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| Matthew Collins QC on Drafting Imputations |
| Internationally acclaimed author on the law of defamation Dr Matthew Collins QC discusses the pleading of imputations in defamation actions and importantly what not to do. |
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| Mike Dudman and Paul Linsdell on the Uniform Law in relation to costs |
| Mike Dudman and Paul Linsdell of Blackstone Legal Costing discuss the implications of the Uniform Legal Profession Uniform Law as it relates to costs. They cover the “public interest test” and the “fair and reasonable test” that has replaced the “grossly excessive test”. They also consider the more controversial aspects of the new costs rules. |
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| Peter Neil SC on Malicious Prosecution |
| Peter Neil SC discusses a malicious prosecution, in the light of a recent case handed down by the NSW Court of Appeal. When does a police officer or prosecutor act without reasonable and probable cause? How might the tort be applied in the future? |
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| Gregory Burton SC and Caspar Conde on Fixtures in Australian Commercial Law Today |
| Gregory Burton SC and Caspar Conde discuss the modern application of the law of fixtures with reference to a recent commercial dispute. |
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| The Hon. Gregory James AM QC and Jill Gatland on Habeas Corpus in Australian Law Today |
Habeas Corpus is still alive after 700 years.
The Hon. Greg James QC and barrister Jill Gatland discuss White v Local Health Authority, where habeas corpus was used to protect the liberty of the individual. |
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| Richard Perry QC with Christopher Wood on Directors’ Duties |
| Richard Perry QC and Christopher Wood discuss the dangers that arise when directors fix their own remuneration. (Jones v Invion Limited) |
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| Barry Toomey QC with Ian Benson on Causation |
| Queen's Counsel Barry Toomey discusses causation in tort in light of the High Court case of Strong v Woolworths |
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| Professor Neil Foster with Ian Benson on Religious Freedom and the Constitution |
| Professor Neil Foster from Newcastle University discusses freedom of religion under Australian law. |
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| Marcus Pesman SC and Charles Alexander on Equitable Contribution |
| Senior Counsel Marcus Pesman and Barrister Charles Alexander discuss the equitable doctrine of contribution, and a recent case in which the High Court clarified the notion of coordinate liabilities. |
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| Fred Hawke & David Gerber on Proportionate Liability |
| Clayton Utz Partners Frederick Hawke and David Gerber discuss proportionate liability, and what happens when a plaintiff claims the same loss under different statutory provisions, where some of those provisions give rise to apportionable claims and some do not. |
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| Matthew Collins QC and Ian Benson on Defamation Law |
| In this edition of Benchmark Television, Matthew Collins QC and Ian Benson discuss defamation law with particular reference to the Supreme Court of Victoria’s decision in Barrow v The Herald & Weekly Times Pty Ltd [2015] VSC 263, where Mr Collins acted as counsel for the defendant. Mr Collins is also the leading author of ‘Collins on Defamation (Oxford University Press, 2014)’ and ‘The Law of Defamation and the Internet’ (Oxford University Press, 2001, 2005, 2010). |
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| Richard Douglas QC and Dennis Wheelahan QC present on State of Queensland v Kelly [2014] QCA 27 |
| In this edition of Benchmark Television, Dennis Wheelahan QC and Richard Douglas QC discuss negligence litigation with particular reference to the Queensland Supreme Court of Appeal’s decision in Queensland v Kelly [2014] QCA 27. Mr Douglas acted as leading counsel for the respondent. |
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| Sarah Hill and Michelle Daniels on Undue Influence |
| In this edition of Benchmark Television, Sarah Hill (Barrister) and Michelle Daniels (Barrister) discuss undue influence, with particular reference to recent cases decided by the New South Wales Supreme Court. |
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| Ian Latham and Dr Clinton Fernandes - Fighting Government Secrecy |
| In this edition of BTV, Dr Clinton Fernandes and Ian Latham, barrister, present on Dr Fernandes’ applications for records from the National Archives related to Australia’s history with East Timor. They also explore wider issues relating the history of East Timor, and the low level of legislative oversight of intelligence activities in Australia. |
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| Colin McPhillamy and Catherine McDonald on Advocacy and Theatre |
| Cases are won and lost in court by more than just the technical, legal argument. The skill of advocacy makes up the differential, which can easily be traced to the art of acting. |
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| John Maconachie QC with Catherine McDonald (Arbitrator) on Malicious Prosecution |
| In this edition of Benchmark Television, John Maconachie Q.C. discusses the tort of Malicious Prosecution with particular reference to the watershed case of A v State of New South Wales (2007) 230 CLR 500. The interview details the history of the cause of action, including its justifications at common law; clarifies the elements of the tort as illustrated by the High Court in A; and canvasses areas for the development of the law. Mr Maconachie Q.C. acted as Senior Counsel for the first, second and third respondents (State of New South Wales, Floros and Hannigan) in A’s Case at the NSW Court of Appeal. |
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| Jill Gatland and Nicholas Mirzai on Personal Property Securities Act (PPSA) |
| Jill Gatland (Barrister) and Nicholas Mirzai (Barrister) discuss the Personal Property Securities Act 2009 (Cth) and SFS Projects Australia Pty Ltd v Registrar of Personal Property Securities [2014] FCA 846. Where the powers of the Registrar to correct unintended errors on the Register are unclear, the consequences for parties such as SFS are “unimaginably bad.” |
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| The Hon. Gregory James AM QC with Peter Lange and Peter Lowe on Constitution: Implied Freedom |
| The Hon. Gregory James AM QC (Barrister), Peter Lange (Barrister) and Peter Lowe (Barrister) discuss Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales [2014] HCA 35. The unrestrictive interpretation of the s 93X Crimes Act 1900 (NSW) consorting provision extends police powers at the cost of freedoms of communication and association. It remains to be seen just how far the courts are willing to defer to the Government’s will. |
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| The Hon. Ian Coleman SC with Dasith Vithanage on Binding Financial Agreements |
| The Hon. Ian Coleman SC (Barrister) discusses Saintclaire v Saintclaire [2013] FamCA 491 which considered the validity of binding financial agreements under the Family Law Act 1975 (Cth). Mr Coleman observes, “when people marry it is often hope over experience… (particularly where the law on binding agreements provides) so many questions and so few answers.” |
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