• August 2019

  • Tuesday, 27 August 2019
    27 Aug 2019 9:00am - 27 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Agreement or Deed? Proceed with Caution 

    How do you know which option is best when deciding to record an arrangement by Agreement or Deed? This session will cover topics including:

    • The legal implications of each option;
    • Advantages and disadvantages of each option;
    • The risks and consequences of making the wrong choice;
    • Recent significant cases.

    Ensure you know which way to proceed!

    Presented by: Sarah Worsfield, Barrister, Victorian Bar

    Dealing with Default - Options for Addressing Non-Performance 

    When a contractual arrangement goes wrong as a result of one party's failure to properly perform its obligations, the initial response of many clients - and legal practitioners - is to threaten and / or commence an action for damages. This course of action is costly and time-consuming and usually results in the end of the working relationship between the parties.

    With a range of additional or alternative remedies often available however, it is worth considering the other options that may exist for dealing with inadequate performance.

    Agreeing to Agree - When Letters 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 seminar 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.

    Implied Duty of Co-operation – How Far Does It Go? 

    Whilst it is accepted that, along with an implied duty of good faith, all contracts impose a duty of co-operation on the parties, traditionally there has been little guidance on just how far that duty goes.

    This session will provide an update on the current state of play, including a case update on the implied duty to co-operate and what it means for practitioners drafting and interpreting contracts.

     

    Presented by:

    Emma Poole, Barrister, Victorian Bar, and

    Anna J O'Callaghan, Barrister, Victorian Bar.

     

    4.0
    $490.00
  • Wednesday, 28 August 2019
    28 Aug 2019 9:00am - 28 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Case Update 

    This session will cover cases up to August 2019, covering issues including:

    • Unfair Dismissal, including Conflict of Interest;
    • Workplace Investigations;
    • Racial Discrimination and Underpayment; 
    • Bullying and Mental Health;
    • Job related trauma.

    Presented by: Catherine Symons, Barrister, Victorian Bar

    Freedom of Speech And The Employment Contract - The Intersection 

    Recent high profile cases illustrate the growing confusion around an employee's ‘right’ to freedom of speech.  Issues including personal, religious or political views that may target or offend particular groups, or reflect in an adverse way on their employer.

    Public forums such as Instagram, Twitter and Facebook are potential breeding grounds for the line to be blurred between what is acceptable and what crosses the line.

    Using three hypothetical case studies, our panel will outline their views and challenge various viewpoints and perceptions. A unique opportunity to watch and be a part of.

    Presented by:

    Kamal Farouque, Principal, Maurice Blackburn Lawyers

    Rob Jackson, Partner, Rigby Cooke Lawyers

    Sean Selleck, Partner, Baker McKenzie

    Workplace Investigations – Advising Clients Facing a Workplace Investigation Plus Case Update 

    Allegations of workplace misbehaviour are increasingly common and clients facing those allegations require high level advice in stressful, complex and urgent situations. What advice should you give, and steps should you take when advising:

    • Clients who have just been notified of a workplace complaint / investigation;
    • Clients who seek advice after the investigation has commenced;
    • Clients who seek advice after the investigation has concluded

    This session by reference to significant cases and examples, will provide guidance on the obligations on an employer when conducting workplace investigations and the grounds for the employee to object or dispute the terms of an investigation. It will also address the non-negotiables when advising a client in these situations.

    Presented by:

    Philip Brewin, Director and Accredited Workplace Relations Specialist, Nevett Ford Lawyers;

    and

    Melita Demirova, Group Manager – Industrial Relations, Linfox Armaguard Group

    Tracking and ‘Sign In’ Requirements - Privacy and Consent 

    The technological options for tracking staff including ‘sign in and sign out’ are varied and may require an employee divulging ‘sensitive’ information. This can also occur without the employee’s knowledge or consent.

    This session will outline recent developments surrounding cases dealing with what is and is not permissible in tracking and monitoring employees. This session will also address the ramifications of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

    Presented by: Charles Power, Partner, Accredited Specialist Workplace Relations, Holding Redlich

     

    4.0
    $490.00
  • Thursday, 29 August 2019
    29 Aug 2019 9:00am - 29 Aug 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop is designed to build your confidence and equip you with the necessary knowledge and skills in this sometimes complex area.

     
    The program includes:

    • Applications for grants of probate and letters of administration
    • Role of executor and administrator
    • Advertising
    • Preparing documents
    • Asset collection
    • Transfers of real estate
    • Taxation issues
    • Costing files
    • Final accounts
    • TFM and dealing with assets

    Presented by: Naomi Guyett, Senior Associate - LIV Accredited Wills + Estates Specialist, Lorraine Jones & Associates

    6.0
    $495.00
  • Friday, 30 August 2019
    30 Aug 2019 9:00am - 30 Aug 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program provides an overview of Fair Work Commission (FWC), unfair dismissal and unlawful termination applications to FWC, common law claims for wrongful dismissal, drafting employment contracts considering both statute and common law and a brief overview of discrimination and equal opportunity laws. Dont risk being unprepared in this often complex area.

     

    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
  • September 2019

  • Monday, 2 September 2019
    2 Sep 2019 9:00am - 2 Sep 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    At the completion of this workshop, you should be able to understand and explain to a client:

    • The basic characteristics of a trust.
    • The range of trusts available.
    • The similarities, differences between some of the desirable attributes of a family trust and other types of trust.
    • The different types of family and other types of trusts and when the different types might be used.
    • Maintaining a trust (including documenting decisions taken at meetings, over-viewing the various accounting requirements and satisfying the requirements under the Corporations Law); amending a Family Trust Deed.
    • Termination of a trust.
    • The key aspects of the Income Tax Assessment Act as it relates to income and capital gains of Trusts.

     

    Presented by: Allan Swan, Director - Estate Planning EQUATION – Preventative Law

    6.0
    $495.00
  • Tuesday, 3 September 2019
    3 Sep 2019 5:00pm - 3 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar will outline the relevant factors to weigh up when choosing an expert witness. 

    Not all experts giving expert evidence are equal. If they are to be permitted to provide ‘opinion evidence’, experts need to have more than just the necessary and proper qualifications, they must have ‘specialised knowledge’. 

    With reference to recent cases, this session will discuss the use of expert evidence, the specialised knowledge that is required in order to give ‘opinion evidence’, and when the evidence of such experts can be relied upon. 

    It will provide guidance on the proper qualifications of an expert, and the issue of whether those qualifications are in fact being used to form the expert’s view. 


     

    1.0
    $145.00
  • Thursday, 5 September 2019
    5 Sep 2019 9:00am - 5 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 26 July: $695 (incl. GST)

    Full Price: $750 (incl. GST)

     

    Your Ultimate 2019 Case Update 

    Are you sure you are on top of all the latest building and construction cases? This session will review recent significant cases in building and construction related litigation, highlighting key lessons and risk areas. Cases to September 2019 will be covered. This session is The Ultimate Case Update!  

    Issues include:

    • Defects and Incomplete Works;

    • Limitations of Actions;

    • Liability of Construction ‘Professionals’;

    • Scope of Works.

    Drafting Mini-Masterclass  

    This session will tackle head on the essential tips and traps in various important agreements.

    • Navigating through the Construction Contract - What to look out for and what to avoid including reference to express representations and also the relationship to Australian Consumer Law

    • Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off the Plan Contracts and advising clients in related contracts.

    This session will provide an overview of the most important factors you must ensure are covered in these documents.

    National Construction Code (NCC) of Australia 

    The NCC was adopted on 1 May 2019 and introduces significant changes. The NCC is administered by the relevant States and Territories (in Victoria under the Building Act 1993) and broadly covers the following:

    • NCC Volume One applies to multi-residential, commercial, industrial and public buildings and structures.
    • NCC Volume Two applies to residential and non-habitable buildings and structures.
    • NCC Volume Three applies to plumbing and drainage for all classes of buildings.

    This session will discuss the above changes including:

    • Performance Based Compliance Options;
    • Acceptable Construction Practices (ACP).

    Construction Contracts Management  

    A construction project often requires multiple contracts to be drafted involving builder, IT Contractor, AV Contractor and others.  Synchronising these multiple contracts is essential for the project to run smoothly. 

    This session will look at a ‘typical’ construction project scenario and outline the common multiple contracts that may be involved and provide helpful guidance on managing this complex process.

    Performance Securities - Options and Risks 

    The issue of which Performance Security to choose when drafting building and construction contracts can be critical when things go wrong. This session will demystify this often complex area and provide guidance on the options and risks associated with those options. This session will discuss and compare options including:

    • Banks Guarantees

    • Insurance Bonds

    • PPSR Securities

    • Cash Retention

    • Letter of Comfort

    • Mortgage

    • Longer Payment Terms and Offsetting Provisions

    • Separate Bank Account

    • Related Party Guarantee

    ALERT! The Sale of Land Amendment Act 2019 and Sunset Clauses – A New Dawn Breaks for Purchasers 

    The Sale of Land Amendment Bill 2019 was passed on 28 May 2019 and introduced key changes to sunset clauses and off the plan developments which is to have retrospective effect to 23 August 2018.

    This session will discuss the Sale of Land Amendment Act 2019 and will focus on new provisions ss10A to 10F that the Act will insert into the Sale of Land Act 1962. These provisions will impose significant impacts on vendors, their current developments and future investments.

    Presented by: Louise Hicks, Barrister, Victorian Bar

    Insurance - Managing Construction Risk 

    What are the risks to your client if you fall short of giving the proper advice regarding the usual and perhaps more unusual insurance cover applicable to your client’s project? Insurance issues include policy coverage, terms and conditions, exclusions, defective work and design, indemnity and subrogation, project coverage and gaps.

    This session will provide an overview of the insurance related risks including subtleties and nuances that building and construction lawyers need to know and how to best protect their clients’ interests.

    Presented by: Alexandra Golding, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 26 July 2019!
  • Friday, 6 September 2019
    6 Sep 2019 9:00am - 6 Sep 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers the essentials of retail leasing and is ideal for both private practice and in-house lawyers.
    The program includes:
    • An overview of the retail leases legislation
    • Disclosure statements
    • Key conditions
    • Procedural steps
    • Stamp duty
    • Transfers
    • Surrenders
    • Recovering possession
    Stay ahead of the pack! This workshop is designed to bring you up to date with current practice, procedures and skills in this area. It is ideal for practitioners new to retail leasing practice as well a refresher for those already practising in this area.

    Presented by: Mark Flynn, Partner, McKean Park Lawyers


    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
  • Tuesday, 10 September 2019
    10 Sep 2019 5:00pm - 10 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    In a recent high profile case the NSW Supreme Court in Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766  held that a media outlet is liable for comments made by third parties on its Facebook pages, even if it didn’t write the allegedly offending comments.

     
    This may be a stark warning to any organisation , business or person using platforms with comments sections such as Facebook, blogs, or YouTube channels whereby potentially ­defamatory comments may be published, that they may now be liable for those comments.
     
    Defamation law is a rapidly developing area of practice and all lawyers working in this area should now be on guard! This session will outline the impact of this and other recent case on the advice you give in your defamation practice.

    1.0
    $145.00
  • Tuesday, 10 September 2019
    10 Sep 2019 5:00pm - 10 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The impact of ACCC v Ultra Tune Australia Pty Ltd [2019] FCA 12 (ACCC v Ultra Tune) continues to evolve.

    The Fairness in Franchising Report released in March 2019 contains 51 recommendations for fairer franchise procedures and policies.

    This seminar will provide an essential case update and analysis of the impact of the Ultra Tune case and the likely impact of the Report on franchises plus developments since the Report’s release.

    To stay up to date, this is an essential seminar!

    1.0
    $145.00
  • Wednesday, 11 September 2019
    11 Sep 2019 9:00am - 11 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 2 August: $695 (incl. GST)

    Full Price: $750 (incl. GST)

    This program will be chaired by:

    Jane Fiske, Partner, Lander & Rogers

    Your Essential 2019 Case Update 

    The very essence of medico-legal practice is that something has or at least has appeared, to have gone wrong. Either a patient is making a negligence claim, or a medical professional is aggrieved by a decision made against them. Given the subtle nuances that can impact a claim succeeding or failing, all practitioners working in this complex area need to be on top of the latest cases.

    This session will cover the latest medico-legal cases up to September 2019 including:

    • Medical negligence claims against surgeons / GP’s;
    • Medical negligence claims against Psychiatrists and Psychologists;
    • Medical negligence claims against Dentists;
    • Appeal decisions by medical professionals and the ‘irrational’ exception to Competent Professional Practice.

    Legislative Updates and Developments 2019 

    In light of numerous recent developments in the medico-legal legislative space, the risks of overlooking the impact of a change are greater than ever.

    This session will provide an in-depth overview of the latest developments, including:

    • Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 (relating to Mandatory Reporting Thresholds for doctors);
    • Voluntary Assisted Dying Act 2017 (coming into effect 19 June 2019);
    • Medical Treatment Planning and Decisions Act 2016 (commenced 12 March 2018);
    • Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018.

    New laws can bring new risks for you and your clients and this is a session not to be missed.

    Expert Witnesses and Evidence in Court – Have you Done your homework? 

     

    Preparation and Briefing

    It is critical when obtaining medico-legal evidence from a medical practitioner, for their evidence to be consistent. Prior to your client meeting your expert, whether it be a surgeon or otherwise, you should ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, which then can produce a full and frank assessment. 

    If your witness is not provided with a full brief of evidence including medical records, employment history and witness statements, your expert report may be advantageous in the short term but falter if further documents come to light which contradicts claims made by your client.

    Along with a case update, this session will provide an in-depth guide to best practice and steps to follow when preparing to contact and brief an expert for a new client.

     

    Due Diligence and Inconsistencies

    What are the risks in failing to adequately research the suitability and previous evidence of an expert witness, particularly in regard to any previous inconsistent statements or evidence presented by that expert witness in other cases.

    This session will address these issues and will also cover:

    • Grounds for appeal if you subsequently find the expert has given contradictory statements in cases either before or after your client’s matter has been heard; and
    • What resources are available to assist in checking an expert’s expertise and their previous evidence.

    Ethics, AI, Privacy and Implications – Where To From Here?  

    A set of eight Ethical Principles have been drafted and released by the Royal Australian and New Zealand College of Radiologists (the RANZCR principles) which is aimed at guiding ethical standards surrounding AI technology in medicine into the future, as well as complementing today’s current medical tools and systems.

    This session will discuss the current state of the medico-legal profession, including privacy, technology, AI, the RANZCR principles and ethical issues likely to be faced as we move into an uncertain future.

    Legal Professional Privilege and Patient Confidentiality – What Must Be Disclosed? 

    The concepts of ‘patient confidentiality’ and ‘legal professional privilege’ can be complex and time consuming for medical practitioners and their legal advisors. When receiving a subpoena, an order to produce documents or a summons to appear as a witness, there are numerous issues to consider including multiple and sometimes inconsistent jurisdictional requirements, objections to requests, providing sealed and unsealed documents and importantly, identifying and claiming legal professional privilege.

    The recent case of Medical Board of Australia v Kemp [2018] VSCA 168, found and perhaps set a precedent that patients medical records are not protected by statutory privilege in disciplinary hearings.

    This session will provide guidance on the issue’s practitioners must be alert to when, where and how they can claim privilege on a proper basis.

    The Scope of Medical-Legal Counsel – What Does Your Client Demand of you in 2019? 

    In February 2019, a story was broadcast on ‘7:30’ on the ABC about a young doctor, Dr. Yumiko Kadota, who was walking away from the medical profession as she was ‘physically and emotionally broken’ from her placement at a Sydney hospital. This followed her blog called “The Ugly Side of Becoming a Surgeon”.

    Would you know what to advise a hospital, surgeon or other medical professional in charge of supervision in such circumstances? 

    The health industry is becoming more complex and operates within a more competitive, technological and litigious market. If an organisation, or individual within the industry makes a mistake which is then picked up and carried by social media, reputational damage can be devastating.

    In addition to legal knowledge and skills, medical-legal counsel are increasingly expected to be proficient in a wide range of areas including negotiation, mediation, dispute resolution and Crisis Management. Having a strong relationship with your client is crucial to being able to understand, manage and deliver the clients expectations.

    This session will provide guidance on the current and evolving role of the medical-legal counsel in 2019, so that you can manage your client’s expectations and deliver at the highest level.

    Non-Delegable Duties in the Medical Profession 

    The vulnerability of patients in institutions and hospitals has been in the spotlight in recent times. As the country faces an ageing population, the issue of proper care by medical professionals and perhaps more importantly, staff, within organisations, will continue to remain a hot topic.

    This session will focus on the issue of non-delegable duties in the medical profession including:

    • When the duty arises;
    • When an organisation is liable for negligence of a staff member;
    • Independent contractors;
    • Exceptions to the rule.

    Don’t miss this hot topic!

    Presented by: Abhi Mukherjee, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 2 August 2019!
  • Wednesday, 11 September 2019
    11 Sep 2019 5:00pm - 11 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    2019 has already seen a number of important legislative changes to the IP landscape.  This session is designed to provide an essential overview of the key changes brought about by this legislation and also outline the nuances to be aware of when advising clients in light of these changes. Our presenter will also flag further changes proposed in 2019 and likely overall impact. 

    Key Legislation includes:

    • Copyright Amendment (Online Infringement) Act 2018 (Cth) 
    • Intellectual Property Laws Amendments (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth)
    • Copyright (International Protection) Regulations Amendment 2018
    • Copyright Amendment (Service Providers) Act 2018
       
    1.0
    $145.00