CPD Programs

ADR Options - Which to Choose  

This session will outline the various methods of resolving disputes or contested cases and selecting strategies and problem-solving methods best suited to the client needs.

The session will cover the advantages and disadvantages of each of the following methods:

• Negotiation
• Mediation
• Conciliation
• Expert Appraisal
• Arbitration

Presented by:

The Hon. G Tony Pagone QC, Barrister, Victorian Bar

Mediation – How to Prepare When Your Client Has Not 

The challenges of preparing for and attending mediation can be overwhelming when:

• Your client is unprepared;
• Your opponent is unprepared;
• Despite your best attempts there is no clear strategy; and
• Your client still expects settlement.

This session will address how you can overcome these challenges and achieve the best outcome. It will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

Presented by: Carolyn Sparke QC, Barrister, Victorian Bar

Which Jurisdictions Require ADR (EDR) and Choosing The Correct Forum? 

This session will outline the jurisdictions that require a form of ADR as part of the court procedures. It will also address the factors to take into account when choosing the Correct Forum.

Presented by: Michael Heaton QC, Barrister, Victorian Bar

Civil Procedure Act - The Overlay on Instructions, Advice, Procedures and Conduct 

This session will address how far the Civil Procedure Act is affecting the conduct of negotiations, procedure and litigation in Victoria. The implications of the Act continue to evolve and impact decisions made prior to and at each step along the path to final hearing. 

Presented by: Matthew Critchley, Partner, Corrs Chambers Westgarth

and

Barbara Bell, Senior Associate, Corrs Chambers Westgarth

Drafting Dispute Resolution Clauses - Which is the Best Option? 

Once a dispute occurs it is usually too late to renegotiate the dispute resolution clause. If there are options provided for resolution, what are the factors to weigh up in advising the best option? What are the common problems arising from poorly drafted clauses? What are the consequences of ambiguity or uncertainty in these clauses?

This session will address these issues and provide guidance on how best to deal with the ‘uncertain, poorly worded or too many options’ dispute resolution clauses. 

Presented by:

Donna Ross, Mediator - Lawyer - Arbitrator, Accredited Mediation Specialist, Donna Ross Dispute Resolution

The Information Commissioner Reflects on the First 12 Months of Victoria’s New FOI and Privacy Oversight Regime  

The Victorian Information Commissioner will outline the implementation of the changes which came into effect last year when the FOI, Privacy and Data Protection oversight functions were merged under the new Office of the Victorian Information Commissioner. This session will highlight major developments and key lessons for agency practice.

Presented by: Sven Bluemmel, Information Commissioner, Office of the Victorian Information Commissioner

Victorian Data Sharing Act 2017 and its Impact on Privacy and FOI Obligations  

This session will provide an overview of the Victorian Data Sharing Act 2017 and consider its impact on Privacy and FOI obligations.  

Presented by: Rebecca Radford, Managing Principal Solicitor, Victorian Government Solicitor’s Office

FOI and Privacy - Recent Significant Decisions  

This session will highlight recent significant cases relevant to FOI and Privacy practitioners so you can be confident you are up to date with the latest!

Presented by: Melanie Olynyk, Partner, Maddocks

Intersection and Conflict between the FOI Act and Other Information Access Regimes  

This session will outline how and when obligations under other Information Access Regimes and Legislation overlap, conflict with or negate obligations under the FOI Act. Issues relating to:

• Copyright
• Discovery
• Privacy
• Data Protection including the European Union General Data Protection Regulation

will be covered.

Handling FOI Requests From the Media - Should They be Treated Differently?  

Do you have particular legal or practical considerations to take into account when dealing with FOI requests from the media? This session will address these questions and also look at the practical consequences of misuse of information by a third party.

Privacy Impact Assessments - Best Practice  

This session will outline how, when and why Privacy Impact Assessments are undertaken and will also highlight the risks of taking short cuts or incomplete due diligence.

Presented by: David Kreltszheim, Special Counsel, Cornwall Stodart Lawyers

Processing an FOI Request – How to and Practical Application 

This session will cover procedures and issues to consider in initial processing stages of an FOI request (both personal and non-personal), including its validity, applicable statutory timeframes, obligations to consult and inform, urgency and notifying parties of a decision. Issues such as ‘voluminous’ and ‘unclear’ applications and agency obligations to consult and inform will also be covered.

Presented by: Pip Mitchell, Partner, Clayton Utz

Exemptions – An Overview and Update  

This session will outline the most common exemptions and also highlight the less obvious Exemptions such as Cabinet Documents, Documents Affecting Legal Proceedings and Law Enforcement Documents. Our Presenter will also discuss the subtle nuances and factors to weigh up when making decisions in this area.

Refusing Access to Documents - Drafting Recommendations and Decision Letters 

This session will provide guidance on drafting appropriate and thorough Recommendations and Decision Letters and the best practice drafting strategies you can use in your communications.