• February 2020

  • Wednesday, 26 February 2020
    26 Feb 2020 9:00am - 26 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Nominations and Purchasers - Risks and Consequences 

    This session will delve into the sometimes complicated arrangements that surround a Nomination of Purchaser. By reference to recent cases including Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324, our presenter will outline the common challenges that can arise from the Purchaser, Nominee and Vendors perspective.

    Section 9AC of the Sale of Land Act 1962 Lessons for Developers and Purchasers 

    This session will look at the effect of Section 9AC of the Sale of Land Act 1962 when there are amendments to a proposed plan of subdivision. By reference to recent cases our presenter will provide guidance on the implications to a developer and the purchaser when in breach of s 9AC of the Sale of Land Act 1962.

    Retail Leases Case Update 

    Recent cases have focussed on what constitutes a retail premises and how a Retail Lease can lose that status in certain circumstances.

    This session will outline the courts recent thinking on these critical issues.

     

    3.0
    $395.00
  • Thursday, 27 February 2020
    27 Feb 2020 9:00am - 27 Feb 2020 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    What this Workshop offers:

    If you come into contact with Business Agreements and Contracts on a regular basis, our practical and easy to understand Workshop is for you!

    Our Workshop will answer all of the questions you have previously had about Business Agreements and Contracts but were too afraid to ask!

    Using the resources of our experienced and highly regarded legal team we have put together a unique Workshop specifically designed to remove the mystery surrounding legal agreements and transactions.  

    This practical and easy to follow Workshop will give you the essential knowledge to operate confidently when dealing with agreements and standard contracts on a daily basis.
    You will learn:

    •    How to prepare a legally binding contract;
    •    Understand basic contract “legal jargon”;
    •    Come to recognise who can legally enter into a contract;
    •    Negotiate terms in your favour;
    •    Understand when a contract is unfair or illegal;
    •    How to end a contract;
    •    What happens if and when a contract is broken; and more…


    During the course of the Workshop you will be taught the legal implications of negotiating and contracting with external parties to ensure that you don’t expose yourself, your business, employer or organisation to any unnecessary risk.

    A workshop not to be missed!

    This workshop covers:
    •    What is a contract?
    •    Negotiating tips;
    •    Common types of contracts and examples of them;
    •    Tips on common clauses;
    •    Defective contracts – what to do about it;
    •    Who can enter into a contract;
    •    Company structures and who can sign a contract;
    •    Misrepresentation – what does it mean? How does it happen?
    •    Consumer Law – what are you saying about your organisation / brand?
    •    Personal and Corporate penalties;
    •    Unfair contact terms;
    •    How to end a contract in your favour;
    •    Breaches of contract; and more…

     

    5.5
    $525.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Five Outstanding One Hour Face to Face Sessions on 28 February 2020 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

    Available by Online Purchase Only

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Friday 28 February 2020 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    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.

    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

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    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.

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM FRIDAY 28 FEBRUARY)

    Redacting Documents – Errors, Risks and Consequences 

    Redacting electronic documents can be a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly. Potential breaches of court orders, client confidentiality, waiver of privilege and commercially sensitive material, all have serious consequences for both clients and their lawyers.

    Knowing how to properly redact documents is an essential requirement of practice and this session will outline methods of ensuring proper redaction and minimising associated risks.

    Presented by: Dr Suzanne McNicol QCBarrister, Victorian Bar

    Costs Update 

    This seminar will provide you with an update on the key changes related to legal costs, provide guidance on their practical application and examine recent cost dispute cases involving practitioners, clients and third parties.

    Don’t miss this important session to ensure that you are not caught out!

    Presented by: Penelope RobertsonPrincipal / Costs Lawyer, Ethical Costing & Legal Services

    Negotiating And Drafting Settlement Agreements And Releases 

    Practitioners are often instructed to make or consider offers of settlement, enter into settlement negotiations and draw settlement agreements and / or enforce their terms. It is imperative that practitioners have excellent drafting skills in order to accurately record settlement and minimise client risk.

    This seminar will cover:

    •     “without prejudice” offers and negotiations;
    •     forms of settlement offers;
    •     drafting terms of settlement and releases; and
    •     key risk areas.

    Presented by: Graydon Dowd, Partner, Hall & Wilcox

    VCAT – Powers, Practice & Procedure 

    This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

    Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

    Finally, the degree of formality involved in proceedings before VCAT varies considerably.

    This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

    Presented by: Suzanne KirtonSenior Member, Victorian Civil and Administrative Tribunal

    Misleading and Deceptive Conduct Update - Hear from a Barrister And Former General Manager, Consumer Affairs! 

    Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

    This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

    The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

    Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

    10.0
    $945.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 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 Friday, 28 February 2020. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

    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.

    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

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    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.

    5.0
    $550.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 5:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Improve your advocacy skills and techniques. This program includes:

    • Case concept and preparation
    • Preparation of applications
    • Persuasion techniques
    • Submissions (including closing submissions)
    • Examination-in-chief
    • Cross examination
    • Re-examination and making submissions

    Participants will have an opportunity to practice these techniques and skills using a case study. Feedback from experienced advocates is designed to increase your confidence and ability to deal with the challenge of real life advocacy. This is a practical workshop.

     

    6.0
    $670.00
  • March 2020

  • Monday, 2 March 2020 - Tuesday, 3 March 2020
    2 Mar 2020 9:00am - 3 Mar 2020 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop provides an overview of the criminal law jurisdiction in Victoria.

    Participants will examine the basic principles of Criminal Law Practice and Procedure with special reference to practice in the Magistrates' Court. Participants will also be introduced to appeals from the Magistrates' Court to the County and Supreme Courts, and committals and preparation for trial in the County and Supreme Courts.

    An overview of the criminal law jurisdiction. The program includes:

    • Magistrates' Court mentions
    • Contested hearings
    • Police powers of arrest
    • Detention and investigation
    • Bail procedures
    • Alibis
    • Appeals
    • Sentencing
    • Pleas
    • Pre-trial procedures
    • Trials 

    Note: This workshop runs for 2 days. 

    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'.

    11.0
    $725.00
  • Wednesday, 4 March 2020 - Thursday, 5 March 2020
    4 Mar 2020 9:00am - 5 Mar 2020 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Develop your skills and increase your confidence in a general tribunal context.

    This two day program includes a thorough overview of evidence in tribunals and fundamentals of cross examination, as well as extensive general tips and techniques.

    A series of fact scenarios give participants the opportunity to perform various submissions, moot and cross examination performances. Individual feedback is provided by our experienced presenters together with practical tips for appearing in VCAT. Leo Cussen Centre for Law, in collaboration with VCAT, have put together a DVD designed specifically for the workshop.

    This is an improved course and is not to be missed.

    11.0
    $725.00
  • Wednesday, 4 March 2020
    4 Mar 2020 9:00am - 4 Mar 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Alert! Guardianship and Administration Act 2019 

     

    The Guardianship and Administration Act 2019 which commences on 1 March 2020 introduces changes affecting the basis upon which a Guardian can make decisions, and also the legal test around capacity. 

    This session will dissect the changes, and also look at the role of VCAT and the appointment of Guardians or Administrators as impacted by the new Act.

    Power of Attorney and Entitlement to Financial Records 

    What are the criteria for gaining access to financial records? What does the Tribunal take into account when making an Order in response to an Attorney seeking access to financial accounts or other records?

    This session will address these issues by reference to recent cases.

    When Gifts Go Missing - Ademption Exceptions 

    How do the courts deal with a claim that a bequeathed gift has been previously sold or has been already given away before death? What if an Attorney sells an asset prior to death, with or without knowledge of the contents of the will? Can a beneficiary make any claim for compensation in these circumstances?

    This session will outline the circumstances in which a claim may be made by reference to leading cases, and will outline how to cover these issues in Will drafting.

     

    3.0
    $395.00
  • Monday, 16 March 2020
    16 Mar 2020 9:00am - 16 Mar 2020 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop is designed to help practitioners understand the parameters and secrets to drafting effective pleadings. Well drawn pleadings can prevent costly interlocutory disputes and provide a basis to embark on successful litigation. Participants draft pleadings using various fact scenarios and receive feedback and evaluation in this interactive and practical workshop.

    Topics include: the rules of pleadings, statements of claim, defences and subsequent pleadings, set-offs and counter-claims, particulars, identifying faulty pleadings and drafting tips and traps.


    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
    $525.00
  • Monday, 16 March 2020
    16 Mar 2020 9:00am - 16 Mar 2020 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.

     

    5.5
    $525.00
  • Tuesday, 17 March 2020
    17 Mar 2020 9:00am - 17 Mar 2020 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
    $525.00
  • Tuesday, 17 March 2020
    17 Mar 2020 9:00am - 17 Mar 2020 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers all of the essential elements in the practice of business law from setting up company structures to conducting commercial transactions.

    The program includes:

    • Partnerships
    • Deeds
    • Business names
    • Acting for the vendor
    • Acting for a purchaser
    • Searches
    • Settlements
    • Finance
    • Insurance issues

    This program aims to provide a well rounded foundation for confident practice in this 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
    $525.00