CPD Programs

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.

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 Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.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.

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.

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.

Hot Topics – Hear from a Panel! 

Hear from a panel of leading workplace relations lawyers, using high profile cases and examples, each discussing:

• Wage Thefts and Underpayments – How did it come to this? 

• Breaching the Employers Code of Conduct – Where is the Line?

New Whistleblower Regime – The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 

Any employer considered to be a ‘public company’ or ‘large proprietary company’ will be required to have a compliant whistleblower policy in place from 1 January 2020.

This session will discuss:

• How does is work;

• What does it mean for your clients;

• What needs to be drafted and are you compliant?;

• Updating your policy;

• What are the risks;

• What the benefits.

Presented by: Lucy Line, Barrister, Victorian Bar

Legislative Update and Developments 2020 

This session will address key legislative updates and how they affect your clients including:

• Increases to the high-income threshold and compensation limits from 1 July 2019

• Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

• Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019

• Fair Work Commission Amendment (Entry Permits and Other Measures) Rules 2019

• Maternity Leave (Commonwealth Employees) Amendment (ASIC) Regulations 2019

• Labour Hire Licensing Act 2018 (Vic)

• Long Service Benefits Portability Act 2018 (Vic) for the Community services, Contract cleaning and Security Industries sectors

• Fair Work Amendment (Casual Loading Offset) Regulations 2018

• Changes to the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) commencing December 2019 and into 2020

• Commonwealth Workplace Protection Orders (proposed for Commonwealth employees)

• New annualised salary award provisions to apply from 1 March 2020

• Proposed new laws to cover instances of workplace bullying leading to suicide. 

Ultimate Case Update including Fair Work Commission and significant Australian Cases 

This session will provide you with a comprehensive overview and update of recent and significant employment law decisions and commentary up to March 2020. This session will bring you up to date in this constantly evolving practice area and is designed to guide your advice in 2020.

• Tracey v BP Refinery (Kwinana) Pty Ltd [2019] FWC 

• Thai v Email Ventilation Pty Ltd [2019] FWC 

• Wallace v AFS Security 24/7 Pty Ltd [2019] FWC 

• Steven Zirilli v StarTrack Express Pty Limited [2019] FWC 

• Power v Health Service Executive and Kearney v Byrne Wallace,

• Adamczak v Alsco Pty Ltd

• Pezzimenti v Rotary International [2019] FCCA

• One Dream Enterprises Pty Ltd v Simmonds & Ors [2019] VSC

• Mr Matthew Boulton v Telstra Corporation Limited [2019] FWC

• Smerff Electrical

• Mondelez v AMWU[2019] FCAFC 138

• Israel Folau v Rugby Australia 

• In-house lawyers and commissions.

Restraints of Trade in a Digital World – Details Do Matter   

Drafting and enforcing Restraints of Trade that cover an Online Business or activity including overseas markets can be tricky, especially if a lawyer is not sufficiently familiar with the necessary technical terminology. 

This session is designed to cover the essentials when drafting Restraints of Trade to cover Online/Digital Business activities and assets. 

It will also address the risks involved in misunderstanding lack of the geographical boundaries applying to Digital Businesses. Particularly where enforcement may require the cooperation of another jurisdiction. Our presenter will refer to significant cases in this session. 

Enterprise Agreements and Errors- How Wrong Can They Be? 

 
Minor or technical errors in agreement making processes have been overlooked or accepted by the FWC in recent cases when approving Enterprise Agreements. This follows a late amendment in 2018 to the Fair Work Act. But, how flexible is the FWC and can the parties assume the FWC will overlook errors? By reference to recent cases this session will provide guidance on how the FWC is currently determining when to overlook such errors.  

Agreement or Deed? Proceed with Caution 

Seminar 1 - 9:00am - 10:00am

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!

Ethics In The Spotlight 

Seminar 2 - 10:15am - 11:15am

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.

Managing Cyber Risk For Law Firms 

Seminar 3 - 11:30am - 12:30pm

Recent research has shown that in the last two years, cyber attacks have affected more than one in four Australian firms. Cyber hackers, scammers and criminals continue to create and evolve methods of infiltration and attack, and law firms and their data are prime targets for theft, breaches and hacking.

While all firms need to be aware of, and train their staff about the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by them, the cost of such training seems to be viewed as too costly in the short term. Unfortunately, recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack and the seriousness of cyber risk can longer be ignored.

This session will advise how to best prevent an attack on your client’s confidential, sensitive information and your law firm’s reputation and integrity. It will also address the impact that electronic tampering and invasion has on your professional liability.

Be armed with the most up to date knowledge on how to best manage and mitigate risk in this rapidly evolving area.

Privacy and Sourcing Personal Information to Assist in Litigation 

Seminar 4 - 12:45pm - 1:45pm

Would you know how to respond if your client asked you to source personal or confidential information to assist in the course of litigation including settlement negotiation? Would you know how to respond if they sought to provide such information to you? Where is the line between acceptable litigation strategy and a breach of privacy which is or may be unlawful?

This unique seminar will outline the sort of information which is regarded as acceptable use of personal information in litigation and negotiation and what would be regarded as a breach of privacy legislation and guidelines.

Our presenter will outline the key issues including:

• What information is regarded as personal information
• What information is regarded as confidential information
• What information may breach legislation
• What is the impact on claims of unfairness or other ground for challenging settlements

Directors Duties, Legal Advice and ASIC Investigations 

Seminar 5 - 2:00pm - 3:00pm

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!