CPD Programs

Family Law Legislation Updates and New Developments for 2019 

This session will address recent and emerging legislative developments and updates including:

• Family Law Amendment (Family Violence and Cross examination of Parties) Act 2018;
• The Children Legislation Amendment (Information Sharing) Act 2018 (Vic);
• Fee contributions and changes to the cost of an Independent Children’s Lawyer
• The Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018;
• Key updates including extensions to the Family Law Amendments (2018 Measures No1) Rules 2018.
• Family Violence Plan released by the Family Court and Federal Circuit Court of Australia; and
• Amendments to the Restraining Order Legislation.

Presented by: Annelis Bos, Partner, Leading Parenting & Children’s Matters Lawyer in Victoria, Doyle’s Guide 2019, Coote Family Lawyers

Family Law Reform and Restructure - Next Steps and Impact on Practitioners and Clients 

Hear from a leading Family Law Practitioner on the ongoing challenges arising from the proposed restructure of the Family Law system.

The Australian Law Reform Commission Review’s Final Report, Family Law for the Future – An inquiry into the Family Law System was released in March 2019.

How many of the final 60 recommendations within the report are likely to be adopted and if so, when? What impact would these changes have on you and your clients?

Presented by: Keturah Sageman, Partner and Accredited Family Law Specialist, Nicholes Family Law

Family Law Judgements - Case Update 2019 

This session will provide a review of recent, significant cases and trends up to August 2019 from the Family Court of Australia and the Federal Circuit Court.

This case update will include:

Property Matters                         

• Scott & Scott [2019] FamCAFC 9
• Bullow & Bullow [2019] FamCAFC 3
• Sully & Sully [2018] FamCA 786
• Tamaris & Tamaris [2018] FCCA 3696

Taxation related matters

• Commissioner of Taxation for the Commonwealth of Australia v Tomaras [2018] HCA 62

            Sperm donor related matters

• GLS v Russell-Weisz and Ors [2018] WASC 79
• Re Cresswell [2018] QSC 142
• ‘Masson’ and ‘Parsons’ [2019] HCA

            Children’s Matters

• Cao & Cao [2019] FamCAFC 252
• Ardagh (No.2) [2018] FamCAFC 160

Presented by: Damian Harriss, Partner, Accredited Family Law Specialist, Mills Oakley

 Relocation Case Applications  

The Family Law Act 1975 (Cth) does not contain specific provisions which deal specially with relocation. Cases dealing with the proposed relocation of children are difficult to deal with, as there are numerous factors taken into account by the court when deciding what is in the best interest of the child. These cases are also often difficult to settle.

By reference to recent cases, our presenter will outline the essential steps and information to include when:

• Preparing  Relocation Application documents
• Considering evidence and managing client expectations
• Entering negotiations
• Running the case
• Settlement tactics

Presented by: Emma Swart, Barrister, Victorian Bar

Extended Family Impact On Financial Contributions and Children’s Care Arrangements 

This session will look at the impact of the extended family dynamic as it relates to the issue of financial contributions from family members to a party in family law matters. How are the contributions treated by the court and what are the common types of contributions claimed by parties in dispute.

The session will also address the issues that can arise when a parent is actually being supported by family members in providing parental care, instead of the parent taking responsibility and doing it themselves. How do you deal with issues of evidence and determining at what point that parent is not actually providing the parental responsibility.

Self-Service Evidence Gathering 

Recording conversations:

What advice should you give when your client seeks your advice on whether they can record private conversations to use as evidence or as a pressure tactic? Jurisdictional legislative differences can also impact when a conversation is recorded in one state or territory, to be used in another state or territory.

Surveillance:

What would you advise your client if they asked whether they could use a surveillance device to track an ex-partner? Or if they believe they are being monitored? What are the legal parameters around the use of surveillance devices by parties seeking to obtain evidence to their advantage?  

Presented by: Barry Berger, Partner, Accredited Family Law Specialist, Berger Kordos Lawyers

Ethical Considerations for Family Lawyers  

This session will provide insights and guidance for best practice, both for the client and for the practitioner. As Family Law legislation develops and changes, Family Law clients continue to be distressed, the caseload continues to be demanding, and complaints can arise. As a Family Law practitioner, it is essential to implement effective policies, build resilience and maintain wellbeing across our workplaces.

• What does a successful outcome for all parties look like?
• Practical guidance on how to reduce the risk of a complaint
• Developing a personalised and proactive approach to managing vicarious traumatisation and build resilience
• Think innovation!

Presented by: Victorian Legal Services Board + Commissioner

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

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 Chiu, Senior 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

Corporate Practising Certificates – What insurance cover do you have or need?

• Understanding the corporate practising certificate
• Who is your client?
• What is your role– what does your employment contract say?
• Is your position complicated by corporate groups?
• What insurance cover do you have or need?

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 Ortisi, Senior Corporate and Financial Services Lawyer, K2 Asset Management Ltd