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July
2014 JSI Seminar Series: Dr Arie Rosen    View Summary
31 July 2014

To register CLICK HERE

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Statutory interpretation and the many values of legislation.

The question of statutory interpretation is closely connected to convictions we have in our political theory. Our particular understanding of the nature and value of modern legislative practices affects our approach to the interpretation of the statutes they produce. This paper develops two arguments in this regard. The first argument traces the way varying understandings of modern legislation and alternative accounts of the value of legislative practices should lead to different modes of statutory interpretation. The second argument criticizes existing theories of statutory interpretation for assuming a monolithic account of the practices and value of legislation and suggests that different approaches to statutory interpretation might be appropriate for different exercises of legislative power.


Dr Arie Rosen is a lecturer in legal philosophy at the University of Auckland Faculty of Law. His research interests include jurisprudence, political philosophy and hermeneutics.


Employing a contextual approach to questions of legal philosophy, Arie's work tries to shed light on abstract conceptual controversies by locating them in their practical, political and historical context. His current work focuses on relations of authority within the modern state, and the way such relations shape contemporary understandings of law, adjudication, and legal interpretation.
Before joining the University of Auckland, Arie was the Emile Noël Postdoctoral Fellow at NYU School of Law and served as the Associate Editor of the International Journal of Constitutional Law (I.CON).


Arie completed his J.S.D. at New York University School of Law in summer 2012. His dissertation deals with relations of legal authority within the modern state, and the way such relations have shaped controversies in legal theory and practice.


Prior to his doctoral studies, Arie completed an LL.M. at NYU as an Arthur T. Vanderbilt scholar, and received undergraduate degrees in law and in philosophy from Tel Aviv University.

Lawyers/barristers: attendance at this lecture is equal to 1.5 MCLE/CPD unit.

August
RP Law & Business Series: Business & Human Rights   View Summary
6 August 2014

To register for this complimentary seminarCLICK HERE


This seminar will be held in honour of Fiona Gardiner-Hill.
Staff and students were saddened to hear of the untimely death, in February of Fiona Gardiner-Hill (BA 1984, LLB 1986, LLM 1995), who had lectured on corporate and securities regulation at Sydney Law School and was a Sydney Law School Foundation board member. A member of the M&A team at Herbert Smith Freehills, she had been a partner at the firm since 1996. In 2013, she was appointed to the Takeovers Panel. Known for her brilliant and lateral thinking, she was admired and loved by her peers for her gentle and generous nature.

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Issues of human rights are now central to the way in which business engages in cross-border transactions. The publication in 2011 of the United Nations Guiding Principles on Business and Human Rights highlights in many different ways the relevance of the conduct of corporations and their complicity in human rights abuses to the protections granted by the legal system. Donald Robertson will explore some of those ways, and how host states and contractual counterparties can use an allegation of human rights violations strategically, as an excuse to override the investor's or contracting party's rights under international treaty law, international contract law or customary international law. The doctrine of necessity and how it responds to the new globalised world of business is one of the most important developments in international law and one that all businesses and their advisors must understand, leading to practical implications in the structuring and conduct of cross border transactions.


Associate Professor Ian Lee will consider these issues from the perspective of both principle and policy. The question of principle is: What should be the extent of the responsibility of business enterprises, and of the individuals who oversee them, to respect or protect human rights? Although a responsibility in principle not to infringe human rights might seem uncontroversial, matters become more complicated when concepts such as complicity and parent company liability are considered. Disagreement also arises as to whether or not it is meaningful to speak of the responsibilities of artificial legal entities (i.e., corporations), unless what is meant are the legal duties of such entities. The policy question is: Assuming that businesses, their managers or both owe responsibilities in relation to human rights, what are the strengths and limitations of the different instruments available to national and international policy makers for giving effect to those responsibilities?

About the speakers

Donald Robertson, Senior partner, Herbert Smith Freehills practises international law and international arbitration arising from commercial transactions. He specialises in international commercial contracts and transactions, and the mechanisms under international law for allocating country and sovereign risk in investments and cross-border transactions. He also has an emphasis on the public international law aspects of corporate social responsibility and human rights as they apply to businesses.

He is an affiliate of the Sydney Centre for International Law, and a member of the Journal of Contract Law's editorial board. An Adjunct Professor of Law at University of Sydney Law School, Donald teaches international contract law and related subjects.

Associate Professor Ian Lee, (University of Toronto)clerked with Justice Claire L'Heureux-Dubé of the Supreme Court of Canada and Justice Mark MacGuigan of the Federal Court of Appeal, and later served as a legal researcher with the Privy Council Office. He practised with Sullivan & Cromwell LLP in Paris, France, and New York, New York, before joining the Faculty of Law in 2003. His teaching and research interests are in the areas of constitutional law, corporate law and European Union law. Professor Lee is admitted to practice in Ontario and New York.

Chair: Professor Jennifer Hill, Sydney Law School

Law & Business Program 2014

Sydney Law School is pleased to announce its Law & Business Program for 2014. Students can also enrol in single units as part of their professional development under the Legal Professional Development program (LPD). Single unit enrolment students are not required to undertake assignments or examinations.

Click here for more information.

Fiona Gardiner-Hill Student Support Fund

Sydney Law School has established the Fiona Gardiner-Hill Student Support Fund to honour Fiona's contribution to the faculty and the legal community. The fund will provide vital assistance to students studying corporate law. To give in memory of Fiona, please contact Jessica Sullivan on 02 9351 0467 or law.alumni@sydney.edu.au

Descent into crime: Serious repeat offending in the early to mid-life course    View Summary
7 August 2014

To register CLICK HERE

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Join us for this Juvenile Justice NSWseminar presented by Professor Mark Halsey (Flinders University, SA) who will discuss his work on young offenders and desisting from crime.


About the seminar:

In this seminar, Professor Mark Halsey will draw from the forthcoming book Young Offenders: Crime, Prison and Struggles for Desistance (Mark Halsey and Simone Deegan, 2015, London: Palgrave), focusing particularly on the story of one young man and his descent into serious crime and long-term incarceration. Based on 10 years of interviews with him, his family, and various prison officials, Professor Halsey will discuss the key implications of this and other stories for those working at the coal-face of youth offending as well as those responsible for policy and practice in the youth space. Professor Halsey's presentation will be followed by comments and discussion by expert panellists.


About the speaker:

Mark holds a four year Australian Research Council Future Fellowship and is a Professor of Criminology in the Flinders University Law School. In addition to teaching at Flinders University and University of Melbourne, he has given guest lectures at Cambridge University (United Kingdom), Berkeley Law School (University of California), John Jay College of Criminal Justice (New York), as well as the International Institute for the Sociology of Law (Spain). Mark has completed consultancies for various government and non-government agencies in areas such correctional corruption, restorative justice, community justice, young people and mentoring, and serious repeat youth offending. He is the recipient of successive Australian Research Council large grants resulting in a ten year study of young men aged 15 to 29 years and their attempts to desist from crime. In recognition his work, Mark was appointed in 2010 to the Social Inclusion Board, Department of Premier and Cabinet. He currently serves on the editorial boards of the International Series on Desistance and Rehabilitation as well as the International Journal for Crime and Justice. For several years he has been an Ambassador for Time for Kids - a not for profit organisation assisting children at risk of offending to find respite care with suitable families. His current research, due for completion at end of 2016, examines the causes, experiences and consequences of intergenerational incarceration.


This event is sponsored by Juvenile Justice NSW and hosted by the Institute of Criminology, Sydney Law School.

The European Court of Human Rights and Social Rights - Emerging Trends in Jurisprudence    View Summary
12 August 2014

To register please CLICK HERE

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The approach of the European Court of Human Rights (ECtHR) to socio-economic rights has long been characterised by its caution. This comes as no surprise since the European Convention on Human Rights is a "classic" civil and political rights treaty, which is essentially framed in negative terms.
Still, there seem to be new trends in the Court's social rights jurisprudence. In fields such as housing, health and social security, the European Court takes a more and more affirmative stand. Increasingly, a core of socio-economic rights thus seems to be protected in the Court's interpretation of the European Convention.
This talk will focus on these emerging trends in the ECtHR's social rights jurisprudence. It will identify general lines/criteria in the Court's case law, outline the challenges encountered and show ways forward.

The presentation summarizes the results of a book which is to be published in fall 2014: C. Binder, F. Piovesan and E. Steiner "Key cases in Social Rights Jurisprudence".


Christina Binder is Associate Professor of International Law at the Department of European, International and Comparative Law at the University of Vienna. She was visiting fellow at the Lauterpacht Center for International Law in Cambridge (2007-08) and at the Max Planck Institut for Comparative Public Law and International Law in Heidelberg (2008-10). She is member of the Young Academy of the Austrian Academy of Sciences. Christina also served as legal and electoral expert for EU and OSCE/ODIHR election observation and assessment missions in several countries.

2014 JSI Seminar Series: Associate Professor Massimo Renzo   View Summary
14 August 2014

To register please CLICK HERE

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Basic Needs and Moral Status: A Hybrid Theory of Human Rights
This paper explores the possibility of grounding the justification of human rights in the notion of "basic needs". Associate Professor Massimo Renzo will suggest that human rights protect their holders' opportunity to fulfil a core group of socially embedded biological and psychological needs. A similar view is defended by Thomas Pogge and David Miller, but whilst their accounts offer purely instrumentalist justifications of human rights, Renzo believes that the notion of basic needs also plays a role within a non-instrumental justification, i.e. a justification that does not derive the value of human rights from their capacity to realize fundamental interests we have, but rather from the fact that they express our nature as beings of a certain sort (Kamm). His argument will draw on some ideas by Jean Hampton on moral value. Hampton suggests that there are actions that 'morally injure' their victim, in the sense that the victim is treated in a way which is precluded by her value. These actions represent the value of the victim as less than the value that she possesses, as they deny the entitlements which are generated by that value. Renzo suggests that this is what violations of human rights do (in addition to whatever harm they cause): they deny that the victim has the status of human being, in that they treat the victim as if she did not have those basic protections that all human beings possess simply in virtue of their being human. Basic needs identify the sort of protections that, if disrespected, produce the relevant type of moral injury to our status of human being. It is by failing to acknowledge that individuals have normative protections that guarantee their option of having basic needs met, that we fall short of treating them with the respect owed to them qua human being.

Associate Professor Renzois a lecturer in the Department of Philosophy at the University of Wawrick in the UK. He works primarily in legal and political philosophy and his main research interests are in the problems of authority, political obligation, international justice and the philosophical foundations of the criminal law.Heisone of the editors of Criminal Law and Philosophy, the Secretary of the UK Branchof the International Association of Legal and Social Philosophy (IVR) and the Honorary Secretary of the Society for Applied Philosophy.

Lawyers/barristers: attendance at this lecture is equal to 1.5 MCLE/CPD units

22nd Annual Labour Law Conference 2014 - Labour Law in practice 2014: the big issues and big cases   View Summary
25 August 2014

At this year's Labour Law Conference, presenters will discuss the top cases and major issues facing labour law in 2014. Senior Deputy President Jonathan Hamberger from the Fair Work Commission will present the keynote address on the topic of 'The new anti-bulling provisions and the growth of individual employment rights'.

View the full Conference Program

Click here for more information and to register.

Other upcoming events: Advocacy in the Tribunals Course 2014

The popular Advocacy in the Tribunals Course aims to teach participants how to plan successful appearances and to develop quality advocacy skills. In 2014 the course will run from 13 August to 15 October on Wednesday evenings at the Fair Work Commission in Sydney. To find out more visit: http://sydney.edu.au/business/workplaceresearch/conferences/advocacy_training/tribunals2014 or contact Stacey Young on Stacey.young@sydney.edu.au

The Art of Strategic Litigation in International Law: How, When and Where to Sue the Bad Guys   View Summary
25 August 2014

To register pleaseCLICK HERE

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Richard Hermer QC is barrister practising in international human rights law at Matrix Chambers in London. He has appeared as counsel in a range of cases stemming from the "War on Terror" including litigation arising out of UK involvement in Guantanamo Bay (Al Rawi & Others v Security Services), detention in Afghanistan (Serdar Mohammed v Ministry of Defence), internment in Iraq (Al Jedda v Ministry of Defence) and extraordinary rendition (Belhadj v Jack Straw). Richard's talk touches on some of these cases and reflects upon the roles of lawyers, judges and civil society in protecting the rule of law.


Richard is currently acting for several hundred Iraqis seeking damages for alleged torture and mistreatment by UK troops. He was counsel in the recent claim against the UK brought on behalf the 'Mau Mau' victims of colonial abuses in pre-independence Kenya. In addition to claims against States, Richard also specialises in human rights and environmental claims against multinational corporations in respect of their activities overseas, including claims arising from the Ivory Coast, Colombia, Peru, Tanzania and Sierra Leone.

September
RP Law and Business Series: Effective Corporate Communication   View Summary
8 September 2014

To register for this seminar CLICK HERE


Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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'Great companies exist only because they are created and safeguarded by our institutions; and it is our right and our duty to see that they work in harmony with these institutions. The first requisite is knowledge, full and complete; knowledge which may be made public to the world.' - Theodore Roosevelt, State of the Union Message to Congress (3 December 1901).

Complete, balanced, and timely listed company disclosure is vital for the health of corporations and financial markets, for sustainable and competitive economies, and for the wellbeing of national and global communities. Most developed nations around the globe have enacted regulation requiring listed companies to report periodically and on a continuous basis. Gill reviews this disclosure regulation in countries spanning the Americas, Europe, North Asia and the Asia/Pacific and she examines leading company communications, regulatory reviews, and relevant scholarly studies. To identify essential elements of effective corporate communication frameworks, she notes common disclosure practices and issues, discusses sound regulatory features, and highlights best practice communication features.

Associate Professor Gill North contends that enacting company disclosure regulation is only a first step. As corporate communication policy and practice is essentially about power, politics and perspective, effective communication frameworks require robust and consistent support from bodies of committed stakeholders. To work well, disclosure regimes should be systematically monitored, supervised and enforced; the content and quality of company reports, disclosures and engagement mechanisms should be reviewed independently; and the disclosure regulation should be re-considered periodically to ensure it remains relevant and appropriate as financial market and corporate environments change.

About the Speaker
Associate Professor Gill North has extensive experience of company reporting and communication spanning more than two decades in various roles in Australia and globally. She has worked for Japanese, British and American investment banks, and her roles have included senior executive positions in Wellington, London, Tokyo, New York, and Sydney in the areas of corporate strategy, corporate finance, mergers and acquisitions, securities analysis and funds management.

Gill has published extensively on matters relating to corporate communication, including a book entitled "Company Disclosure in Australia" published by Thomson Reuters in 2013. A second book on global company disclosure law and practice will be published by Kluwer International in early 2015.

Gill's primary areas of research include corporate communication; corporate governance; banking and financial regulation and reform; and efficiency in financial markets.

Gill has a doctorate in law from the University of New South Wales. She is also a chartered accountant and a qualified and experienced securities analyst.
Gill is currently working at the University of Western Australia, where she teaches banking law, finance law, corporate finance and securities regulation, and corporations law.

About the Commentator

Robert (Bob) Austinheld an academic position in the fields of equity and company law at the University of Sydney from 1969 to 1990, becoming Professor (1984) and Head of the Department of Law (1985). He has continued to teach part-time in the postgraduate program, with emphasis in recent years on corporate takeovers, fundraising and corporate governance.

He was a partner with Minter Ellison from 1990 to 1998. He was a member of the Takeovers Panel from 2001 to 2006. After serving as a Judge of the Supreme Court of New South Wales from 1998 to 2010, he has returned to full-time legal practice as a Senior Legal Consultant with Minter Ellison, and is Head of Minters' Corporate HQ Advisory Team.

He is co-author of Ford's Principles of Corporations Law, the leading Australian corporate law text (with Professor Ian Ramsay), and Austin and Black's Annotations to the Corporations Act (with Justice Ashley Black).

Chair:Professor Jennifer Hill, Sydney Law School

Law & Business Program 2014

Sydney Law School is pleased to announce its Law & Business Program for 2014 .Students can also enrol in single units as part of their professional development under the Legal Professional Development program (LPD). Single unit enrolment students are not required to undertake assignments or examinations.

Click here for more information.


October
ANZSOC 2014 Conference   View Summary
1 October 2014 to 3 October 2014

2014 ANZSOC conference:

Testing the edges: Challenging Criminology

Sydney, Australia

Wednesday 1 -Friday 3 October 2014

The 27th annual Australian and New Zealand Society of Criminology conference (ANZSOC) will be held in Sydney, New South Wales, Australia from 1 - 3 October 2014 at the University of Sydney Law School, Camperdown.

Please visit the Australian and New Zealand Society of Criminology conference 2014 website for more information.

Important dates

Call for abstracts

Monday,13 January 2014

Registration opens

Monday,13 January 2014

Closing date for submissions

Extended until 31 May 2014

Notification to authors

Monday, 23June 2014

Early bird closes

Monday,28 July2014

Early bird registrations

Early bird available until Monday, 30 June 2014

Type

Cost(inc GST)

Members

$675

Non-members

$825

Students

$290

Standard registrations

Type

Cost (inc GST)

Members

$830

Non-members

$900

Students

$450

Click heretoaccess conference website and for registration.

RP Law & Business Series: Contemporary Issues for General Counsel   View Summary
8 October 2014

To register for this seminar CLICK HERE


Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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About the Speakers

Brian Salter is the General Counsel at AMP. He joined AMP on 1 July 2008. Before then, he was a partner with a major Australian law firm for 19 years. Brian has more than 30 years experience advising many of Australia's leading financial and wealth management companies. Brian is a member of the Legal Committee of the Commonwealth Corporations and Markets Advisory Committee (CAMAC), the Law Committee of the Australian Institute of Company Directors (AICD) and the Corporations Committee of the Business Law Section of the Law Council of Australia. Brian is also a director of AMP Superannuation Limited, NM Superannuation Pty Limited and SCECGS Redlands Limited. He has a Bachelor of Arts and Laws (with Honours) from ANU and a Masters of Laws (with Honours) from Sydney University. He is a Fellow of the Australian Securitisation Forum (ASF) and a member of the AICD.

Julie McPherson is the Group General Counsel/Company Secretary forAmcor Limited. Julie commenced practice as a lawyer in 1981. Prior to joining Amcor in 2005, Julie held executive, legal and commercial positions, including Company Secretary and General Counsel at Goodman Fielder, Deputy Managing Director of Dresdner Kleinwort Benson and Partner, Corrs Chambers Westgarth. Julie has broad experience in corporate law, finance and commerce.
Julie has been a member of the Law Committee of the Australian Institute of Company Directors since 2006. She was also a member of the Takeovers Panel from 2011 to 2014 and was appointed as an acting President in 2013.

About the Commentator

Ron Barusch was a mergers and acquisitions lawyer with Skadden, Arps, Slate, Meagher & Flom LLP for over 30 years. Ron retired in 2010 after 25 years as a partner at the firm, including three years as office leader of Skadden's Sydney office.

He is currently a visiting lecturer at Sydney Law School teaching 'Cross Border Deals.' Ron also writes 'Dealpolitik' for The Wall Street Journal's Deal Journal providing a strategic look at deals currently making the headlines as well as the major forces at work in the deal-making world.


Chair: Professor Jennifer Hill, Sydney Law School

Law & Business Program 2014

Sydney Law School is pleased to announce its Law & Business Program for 2014. Students can also enrol in single units as part of their professional development under the Legal Professional Development program (LPD). Single unit enrolment students are not required to undertake assignments or examinations.

Click herefor more information.

2014 JSI Seminar Series: Professor Helen Irving   View Summary
16 October 2014

Registration will open shortly

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Helen Irving teaches Australian, comparative, and United States constitutional law. She has researched and written on the making of the Australian Constitution; comparative constitutional design and gender; the use of history in constitutional interpretation; and the 'dialogue' model of judicial review. Her current major research, supported by a four-year ARC Discovery Grant, is on the history of constitutional citizenship and gender.

Lawyers/barristers: attendance at this lecture is equal to2 MCLE/CPD units

November
Australian Labour Law Association Conference:    View Summary
14 November 2014 to 15 November 2014

The Australian Labour Law Association (ALLA) is pleased to announce that its 7th Biennial Conference is being held in Manly, Sydney on Friday 14 and Saturday 15 November 2014.

The theme of the conference is 'Under the Microscope: The Next Phase of Australian Labour Law?'

Click here to view the full conference website.

December
RP Law & Business: The Protection of Minority Investors and the Compensation of their Losses    View Summary
3 December 2014

To register for this seminar CLICK HERE


Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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In this 2014 Ross Parsons Law & Business Seminar series, Professor Jennifer Hill and Dr Olivia Dixon will address the topic The Protection of Minority Investors and the Compensation of their Losses. With a focus on actions under ss1041E (false or misleading statements) and 1041H (misleading or deceptive conduct) of the Corporations Act, the discussion will look to the enforcement of the rights of investors through investor litigation, particularly class actions.

About the Speakers
Olivia Dixon joined the Law School in 2013 as Lecturer in the Regulation of Investment and Financial Markets. Olivia teaches and researches in corporate law, with a particular interest in corporate crime. Prior to entering academia, Olivia practiced as a corporate finance attorney in Sydney and New York. Before becoming an attorney in 2003, Olivia worked as an analyst for a corporate finance company and at the Australian Securities and Investments Commission. Olivia has an LLM and JSD from New York University, where her doctoral dissertation was an empirical study examining the role of mutual funds as corporate governance monitors.

Jennifer Hillis Professor of Corporate Law at Sydney Law School and a Director of the Ross Parsons Centre of Commercial, Corporate and Taxation Law. She is known for her work in comparative corporate law and governance. A graduate of the University of Sydney and Oxford University, Jennifer has been a Visiting Professor at several overseas law schools, including Vanderbilt University, University of Virginia, University of Texas and Cornell. In 2013, she held the Foreign Chair at the University of Ghent, Belgium.

About the Commentator

Michael Leggis an Associate Professor at UNSW Law, Australia. Michael's research interests include class actions, litigation funding and the interaction between public and private enforcement in the area of securities regulation. His research has been cited in judgments from the Federal Court of Australia, Supreme Court of New South Wales and the Supreme Court of Victoria, and in law reform reports by the Australian Law Reform Commission, NSW Law Reform Commission and Victorian Law Reform Commission.

He is the author of Case Management and Complex Civil Litigation (2011) published by Federation Press and co-author of Principles of Civil Procedure in New South Wales (2d ed 2012) published by Thomson Reuters. He is also the editor of Regulation, Litigation and Enforcement (2011) published by Thomson Reuters and The Future of Dispute Resolution (2013) published by LexisNexis.

Michael has 15 years of experience as a legal practitioner having worked with leading Australian and US law firms. He is admitted to practice in the Supreme Court of NSW, Federal Court of Australia, High Court of Australia and in the State and Federal courts of New York.

MCLE/CPD points: 1

Law & Business Program 2014

Sydney Law School is pleased to announce its Law & Business Program for 2014. Students can also enrol in single units as part of their professional development under the Legal Professional Development program (LPD). Single unit enrolment students are not required to undertake assignments or examinations.

Click here for more information.

2014 Australasian Ethics Network Conference   View Summary
3 December 2014 to 5 December 2014

We are pleased to announce the 2014 Australasian Ethics Network Conference which will take place 3-5 December 2014 at the University of Sydney, Sydney, Australia.


Please visit thefull conference websitehttps://aenconference.com/Home_Page.html