• November 2019

  • Thursday, 28 November 2019
    28 Nov 2019 5:00pm - 28 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The seminar will cover the main factors courts consider when deciding whether to grant an application for security for costs and recent cases including the recently handed down decision in United Commercial v PHHH [2019] VSCA 192.  It will also cover how the Civil Procedure Act 2010 (Vic) has changed security for costs applications.

    Presented by: Adam Baker, Barrister, Victorian Bar

    1.0
    $145.00
  • 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

    Five Outstanding One Hour Face to Face Sessions on 5 December 2019 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

    Full Price: $945 (incl. GST)

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Thursday 5 December 2019 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    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

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM THURSDAY 5 DECEMBER)

    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 QC, Barrister, 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

    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.

    Presented by Sam Kingston, Special Counsel, Maddocks

    Drafting Affidavits - From Good to Excellent! 

    In this seminar, experienced Barrister, Maya Rozner, will use practical examples to highlight essential drafting techniques when preparing affidavits. This session will provide clear guidance on what to do and what not to do in order to prepare effective, admissible affidavits.

     This session will also cover:

    • The use of Affidavits in Court;
    • Tips on how evidence is presented in affidavits including Hearsay; and
    • Form, content and style.

     A must for all practitioners who want to improve their drafting skills!

    Presented by: Maya Rozner, Barrister, Victorian Bar

     

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

     

    10.0
    $945.00
  • 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!
  • 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
  • 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 5:00pm - 30 Jan 2020 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar will discuss the three ways for dealing with or removal of a hostile caveat under sections 89A, 90 (2) and 90 (3) of the Transfer of Land Act 1958 (Vic)(the TLA). This session will focus on the issues relating to applications relating to removal of a caveat and will discuss:

    • Section 89A, which enables a registered proprietor to apply to the registrar to serve a notice on a caveator
    • Section 90(2), which enables the caveator to seek an order to delay registering dealing with the land
    • Section 90(3) which enables a party to bring proceedings in a court for the removal of the caveat

    Our presenter will discuss the risks and benefits of each option including the circumstances where an application to remove a caveat may be considered ‘vexatious’ for the purposes of the Act and the factors weighed by the court when exercising its discretion.

    1.0
    $145.00
  • Thursday, 30 January 2020
    30 Jan 2020 5:00pm - 30 Jan 2020 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This session will give you the confidence you need when appearing in the major jurisdictions as well as tips for obtaining the best outcome for your client on the day. Enhance your advocacy skills and gain confidence! 

    This seminar covers the following:

    • Interacting with opposing representatives
    • Standing matters down
    • Preparing yourself and your client 
    • Familiarise yourself with the court procedures
    • Dealing with the registry
    • Advocacy tips and tricks
    • Appearing with confidence and overcoming the nerves
    • Announcing your appearance
    • Obtaining your client’s instructions from the Bar table
    • Handing up documents
    • Leaving the Bar table
    • Addressing the judicial officer presiding
    1.0
    $145.00