• 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

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    This program will be chaired by:

    Odette McDonald, Director, Phi Finney McDonald

    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

    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.

    Presented by: Jennika Anthony-Shaw, Barrister, Victorian Bar

    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 O'Callaghan, Barrister, Victorian Bar.



  • 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

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    This Conference will be Chaired by:

    Magda Marciniak, Partner, Justitia Lawyers and Consultants


    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;


    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


  • 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

  • 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'.

  • 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

  • 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. 

    Presented by: Susan Borg, Barrister, Victorian Bar

  • 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

    The conference will be chaired by:

    Hugh Foxcroft QC, Barrister, Victorian Bar; Preeminent Construction & Infrastructure Senior Counsel, Doyles Guide 2019

    John Gurr, Barrister, Victorian Bar; Preeminent Construction & Infrastructure Junior Counsel, Doyles Guide 2019


    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.

    Presented by: Nicholas Andreou, Barrister, Victorian Bar

    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

    Presented by: St John Frawley, Partner, Thomson Geer - Recommended Construction & Infrastructure Litigation Lawyer, Doyles Guide 2019

    Drafting Mini-Masterclass  

    Navigating through the Construction Contract The session will provide a brief overview of the key features of standard form construction contracts, focussing on Australian Standards. In particular, we will cover some essential drafting tips and traps (both from the Principal and the Contractor’s perspective) in respect of the key risks of time, cost, quality and the role of the Superintendent.

    Presented by: Ben McLeod, Special Counsel, Maddocks

    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).

    Presented by: Persa Buchanan, Special Counsel, Thomson Geer Lawyers

    Owners Corporations and Building Defects – A ‘who, what, where and how’ analysis 

    When defects appear in an apartment development private lot owners, owners corporations, builders, sub-contractors and developers can find themselves in a legal maelstrom.

    This session will look at some recurring issues in apartment and other owners corporation defects claims.

    The topics covered will include:

    • Whose claim? The distinctions between common lots and private lots for building defect purposes;

    • What an owners corporations (OC) can and cannot do when defects appear within a complex;

    • Allies or enemies? The sometimes-shifting alliances among private lot owners and their OCs;

    • The role of Domestic Building Dispute Resolution Victoria;

    • Building warranty insurance – who gets what if there is not enough to go around;

    • The Water Act; and

    • Combustible cladding and the state government’s proposed fix.

    Presented by: Paul Duggan, Barrister, Victorian Bar

    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


  • 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'.

  • 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

    This program will be chaired by:

    Jane Fiske, Partner, Lander & Rogers


    Nicki Mollard, Barrister, Victorian Bar

    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.

    Presented by: Andrea de Souza, Barrister, Victorian Bar

    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.

    Presented by: Naty Guerrero-Diaz, Principal Lawyer and Accredited Personal Injury Law Specialist, Slater and Gordon Lawyers

    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.

    Presented by: Janine McIlwraith, Principal Lawyer, Slater & Gordon

    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.

    Presented by: Bree Ridgeway, Solicitor, Pearce Webster Dugdales

    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.

    Presented by: Emma Dawes, Special Counsel, K&L Gates

    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

    Medico-Legal Issues Facing Practitioners in 2019 and Beyond 

    This session will discuss some of the latest ‘hot topics’ in the medico-legal field including:

    • My Health Records – will we see patient safety improvements? and
    • Clinical guidelines and their role in establishing standards of care.

    Including a case update, this is a session no practitioner can afford to miss.

    Presented by: Dimitra Dubrow, National Head of Medical Negligence, Maurice Blackburn


  • 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

    Key recent cases will also be covered to ensure you are up to date.

    Presented by: Susan Gatford, Barrister, Victorian Bar

  • Friday, 13 September 2019
    13 Sep 2019 9:00am - 13 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Our intensive one day workshop facilitated by leading in-house lawyers and private practitioners is designed to give you a head start and help you quickly come to grips with the most important aspects of in-house practice. This workshop will help you get on top of your role and fulfil client expectations from the outset.

    This unique workshop is designed primarily for in-house counsel who have recently commenced in-house practice and private practitioners considering commencing in-house practice. In collaboration with experienced in-house lawyers across a wide range of industries, Leo Cussen Centre for Law has developed a program which identifies key areas to assist in-house lawyers to survive, thrive and succeed in the in-house environment.

    Over the course of this one day workshop, our panel of experienced lawyers will provide insights, key practical tips and lead discussion on all of the most important and practical topics relevant to your day to day practice. 

    Privacy Compliance for In-House Counsel 

    • Overview of the Australian Privacy Principles
    • Recent cases and guidance
    • The first year of the mandatory data breach notification regime
    • Extra territorial reach of the General Data Protection Regulations of the EU
    • Building an effective privacy compliance program in-house (including Privacy By Design, internal data management and due diligence of third parties)

    Presented by: Adrian Hill, General Counsel & Company Secretary, Open Universities Australia

    Digital Governance and Social Media 

    • Managing your in-house social media community to manage legal risk
    • Hot topics in social media litigation
    • Practical suggestions for resolving social media related disputes

    Presented by: Madeline Edwards, Legal Counsel Senior Specialist, Telstra

    Data Security, Cyber Attacks and the Role of In-House Counsel

    • Why should you worry about data security and cyber attacks?
    • What are the current cyber challenges facing businesses in Australia
    • What are the essential risk management tools to minimise the occurrence or impact of an attack?
    • What is the role of in-house counsel?

    Presented by: Jhin ChiuSenior Specialist Legal Counsel – Regulatory, Telstra

    Legal Professional Privilege for In-House Counsel 

    • Fundamentals of legal professional privilege – a refresher
    • Privilege issues faced by in-house counsel
    • Commissioning expert reports: lessons from the authorities
    • Waiver – practical tips for how to avoid losing privilege

    Presented by: Jacob Uljans, Partner, Hall & Wilcox

    Ethics for In-House Counsel

    • Conflict of interest-specifically around the tension between being a member of the management team interacting and possibly being friends with colleagues vs the duty to inform and advise the client should any staff reveal issues that should be reported to the client but may incriminate the staff member themselves.
    • Duty to not assist the client to mislead any third parties. Specifically, around preparing reports that go to regulators. And interacting with external lawyers in a way that doesn’t compromise the in-house counsel’s independence.
    • The risk of loss of independence and objectivity when advising the client in matters that may impact on the in-house counsel’s own personal position.
    • Opinion shopping – managing a difference of opinion between external lawyers and in-house counsel.
    • Managing pressure from senior management and colleagues to give legal advice that may compromise in-house counsel’s ethical and professional obligations.

    Presented by: Michael Dolan, Director, ethics4lawyers

    Managing the Tender Process

    • More than just Ts and Cs – how to set expectations on when to get legal involved?
    • Juggling risks, adding value, working with sales, estimators, decision makers and the delivery team
    • Establishing governance frameworks
    • Observations on market – bid sweatshops

    Presented by: Sally Rogers, Principal, In-house legal specialist services, Sally Rogers Legal Services

    Preparing Memorandums of Advice to the Board – Clarity, Clear Communication and Simplifying your Advice

    • Plain language communication: the principles of clear and reader-focused advice-writing
    • The perils of the so-called professional legal writing voice
    • Clarity versus simplicity: similar but critically different
    • Tips, trip to traps and techniques on generating documents that your reader will understand on the first read

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

    Managing the in-house function

    • Why are you there? What is your role and what is your value?
    • How do you move from “trusted advisor” to “business partner”?
    • What do you do? Prioritizing the work with maximum impact, and managing client expectations and demands

    Presented by: Luke OrtisiSenior Corporate and Financial Services Lawyer, K2 Asset Management Ltd


  • Monday, 16 September 2019
    16 Sep 2019 9:00am - 16 Sep 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'.