• December 2019

  • Thursday, 5 December 2019
    5 Dec 2019 9:00am - 5 Dec 2019 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Thursday, 5 December 2019. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

     

    This program is chaired by:

    Iain Jones QC, Barrister, Victorian Bar

    Unfair Contracts and Penalties- Get Ready for 2020! 

    Regulators are looking carefully at introducing further legislation and other measures to tighten up the laws around Unfair Contracts. In order to properly prepare you need to ensure that you are on top of all the developments. This comes on top of a year of significant developments so it’s essential to stay up to date, so you can be confident your advice will not pose a risk.

    This session will provide an update on the significant developments and 2019 cases including a forecast of possible changes in the leadup to 2020 and beyond. With reference to significant cases this session will also cover topics including:

    • When a fee constitutes a penalty;
    • Drafting tips for ensuring that clauses are not deemed to be penalties; and
    • Strategies for dealing with purported penalty clauses.

    Without Prejudice Communications and Legal Professional Privilege – Overused and Misunderstood?   

    Have you relied on naming a communication 'Without Prejudice' and then found out it’s not? Do you know the essential advice you should give your client to reduce risking Legal Professional Privilege? How is social media affecting these fundamental legal concepts? 

    This session will provide guidance on identifying when legal professional privilege applies and how it applies in practice and will cover:

    • The scope of legal professional privilege;
    • Applying the dominant purpose test;
    • Waiver of privilege;
    • Practical tips for maintaining privilege;
    • What communications are truly without privilege; and
    • What are the imposters.

    This session will also outline the risks faced in mismanaging these communications.

    The Lawyer as Professional Communicator: A Refresher on Clear and Reader-Focused Legal Writing 

    This session will outline:

    • The lawyer as a professional communicator: what clients (and other readers) want — and what they dislike;
    • The myth of the so-called “professional legal writing voice”; and
    • Plain English writing: a refresher – key guidelines on generating clarity and reader focus in your documents.

    Presented by: Bob Milstein, Lawyer, Plain Language Trainer and Document Writer, Words and Beyond

    Negotiating Settlements – The Risks of Ambiguity and the Cost of Resolving the Uncertainty 

    Recent cases highlight the risks and consequences when negotiating settlements without committing all relevant elements to writing, on the spot.

    The importance of clear written communication at the relevant moment in time is critical, and the cases demonstrate what can happen if the parties have differing views on how the matter has settled. They also illustrate in what circumstances the courts are willing to accept when agreements are enforceable, in the absence of a written Deed of Settlement.

    This session will provide guidance on strong drafting tips in settlement documents and verbal and written communication to ensure clarity, effectiveness and minimise risk of a settlement going astray

    Ethics in the Spotlight 

    With the recent revelations and public scandals, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    Presented by: Alexandra Tighe, Partner, Holding Redlich

     

     

     

    5.0
    $550.00
    Filling Fast!
  • Friday, 6 December 2019
    6 Dec 2019 9:00am - 6 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical workshop is designed for practitioners working in litigation. This unique one day course includes discussion of the key elements to managing and using evidence in litigation.
     
    The following topics are covered:
    • Admissible Evidence
    • Circumstantial and propensity evidence
    • Proof of documents
    • Expert evidence
    • Privilege and self-incrimination
    • Credibility
    • Hearsay
    • Evidence gathering via Social Media


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Monday, 9 December 2019 - Tuesday, 10 December 2019
    9 Dec 2019 9:00am - 10 Dec 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Gain technical skills in conveyancing transactions which will equip you to confidently operate in legal professional practice as a lawyer or senior conveyancer.

    This interactive and practical workshop covers the essentials, including the following topics:

    • Conduct title searches
    • Make applications for certificates and permits from statutory authorities
    • E-conveyancing and VOI (Verification of Identity)
    • Prepare contracts of sale of real estate
    • Draft vendors' statements
    • Draft transfers of land
    • Attend to mortgage documentation
    • Attend to settlement procedures, stamping and registration
    • Attend to Post settlement procedures
    • PEXA Overview

    This workshop introduces practitioners to all aspects of the conveyancing process from property ownership, how the Sale of Land Act 1962 is applied to contracts for the sale of real estate, searches and lodgement of forms, as well as providing an overview of a conveyancing process from initial instructions to post settlement.

    During this workshop, a representative from PEXA will address the key changes to property-related transactions and will guide you through the PEXA processes and procedures as they currently stand.

    This workshop is ideal for legal practitioners new to practice in this area or those requiring a refresher, as well as those who wish to work in a legal office or conveyancing department in senior conveyancing role.

    11.0
    $695.00
  • Tuesday, 10 December 2019
    10 Dec 2019 5:00pm - 10 Dec 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    You often get only one shot at a successful injunction application. And limited time to put the application together. Badly worded or inadequate documents including affidavits in support, can result in refusal to grant the injunction. Getting clear instructions and supporting material are crucial. This seminar will outline the critical issues to cover and provide important tips and traps to be aware of when instructed to apply for an injunction.   

    Presented by: Maya Rozner, Barrister, Victorian Bar

    1.0
    $145.00
  • Friday, 13 December 2019
    13 Dec 2019 9:00am - 13 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to give practitioners an introduction and overview of the planning system in Victoria. It will introduce practitioners to the application, objection and appeals procedure and includes a selection of Case Studies to be considered and discussed in relation to the procedures and issues involved. The enforcement provisions of the Planning and Environment Act 1987 and other controls will also be considered.

    Topics include:

    •     Planning framework including legislation
    •     Planning and responsible authorities
    •     Planning schemes
    •     Zoning
    •     Amendments
    •     Applications for review
    •     Compensation
    •     Proceedings in VCAT
    •     Application processes
    •     Objections
    •     Submissions
       

     

    5.5
    $495.00
  • January 2020

  • Thursday, 16 January 2020
    16 Jan 2020 1:00pm - 16 Jan 2020 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Poorly worded costs agreements and failure to make proper or updated disclosure can impact your ability to recover fees and result in disciplinary action.

    This seminar will provide you with an update on significant cases related to legal costs and provide guidance on their practical application. This session will also examine cases involving failure to comply with Disclosure and other professional obligations and the impact on recovery of professional fees.

    Don’t miss this important session to maximise your fee recovery!

    1.0
    $145.00
  • Friday, 17 January 2020
    17 Jan 2020 1:00pm - 17 Jan 2020 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Although practitioners are aware of their professional duties and ethical obligations, a surprising number still fall short of the standard required.

    In this session, hear from a leading practitioner on:

    • Areas of ongoing general concern for legal practitioners;
    • Practical guidance on how to reduce the risk of a complaint; and
    • The top ethical dilemmas that keep practitioners awake at night.

    Grab this chance to get your CPD Ethics point under your belt.

    1.0
    $145.00
  • Tuesday, 21 January 2020
    21 Jan 2020 1:00pm - 21 Jan 2020 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Sometimes, the most simple and straightforward tasks can hold the greatest potential for problems – this is certainly the case with solicitors’ certificates.  Irrespective of whether the certificate is being sought by “walk-in” or long-standing clients, practitioners need to be extremely diligent in their review of the relevant documents, the advice provided to the clients and their own file management.   This may be difficult given time and costing limitations, not to mention the pressure from clients to “simply sign off” on what they may view as just another administrative loan document.

    In this session, our presenter, will highlight some of the common – and serious – errors made by practitioners as well as provide useful tips on how to minimise risk exposure.

    1.0
    $145.00
  • Wednesday, 22 January 2020
    22 Jan 2020 5:00pm - 22 Jan 2020 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    How do you stay in control whilst trying to meet or exceed client and colleague demands and expectations? Access and availability is often expected at all hours of the day and night and it is easy to become overwhelmed.

    Time management is the key to surviving and thriving as a lawyer. Hear from an experienced practitioner about what they do to increase productivity and deliver at the highest level.

    This seminar is designed to reveal the strategies that successful lawyers use to maximise every minute of the day and achieve client and personal satisfaction.

    1.0
    $145.00
  • Thursday, 23 January 2020
    23 Jan 2020 1:00pm - 23 Jan 2020 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar is designed to unlock the secrets to free legal research sites and tools. This seminar will provide a step by step guide to research legislation, case law and other legal material online using the latest free tools. Discover a wide range of available online resources you never knew existed!

    This seminar is a great investment that will save you time and increase your productivity!

    1.0
    $145.00
  • Wednesday, 29 January 2020
    29 Jan 2020 5:00pm - 29 Jan 2020 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    In light of the recent finding of the Banking Royal Commission, the duties and responsibilities imposed on company directors and officers have never been more stringent or exposed. The requirement for their legal advisers to be across current developments has also never been more important.

    This seminar will examine recent cases and developments, including to what extent directors should be aware of potential breaches of the law and whether there is a need for more effective protection for directors in decision making. It will also address potential claims, the signs to watch for and questions to ask when advising clients in this area.

    The seminar will provide guidance on how companies should modify their practices and procedures and will also cover the most recent ASIC investigations and cases. It will also discuss the wide range of powers that ASIC officers can and are enforcing.

    The session will also outline ASIC’s plans to embed officials inside Australia’s biggest banks to monitor governance and compliance, plus the establishment of a taskforce to look into large listed companies including on-site surveillance and investigation.

    This is a seminar not to be missed!

    1.0
    $145.00
  • Thursday, 30 January 2020
    30 Jan 2020 9:00am - 30 Jan 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    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 seminar will address how you can overcome these challenges and achieve the best outcome.

    This session 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.

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    Agreeing to Agree – When Letter of Intent or Heads of Agreement Become Binding 

    Despite a common misconception that you can’t have an 'agreement to agree', in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.

    This session will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding.

    It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    4.0
    $450.00