CPD Programs

Drafting Effective Statutory Instruments   

The ability to draft clear and legally enforceable statutory instruments is an essential part of every government lawyer’s toolkit. This session will provide the do’s and don’ts on drafting statutory instruments including:

• Purpose and effectiveness of the instrument;
• Structure; and
• Clarity.

Ensure your skills are up to date!

Presented by: Gemma Varley, Consultant Legislative Drafter, Private Practice

Public Service, Personal Opinion and Anonymity  

In light of the recent case of Comcare v Banerji the question about a government employee’s ability to make anonymous public comments that may reflect on the employer, is in the spotlight.  

This session will address the current legal position and the risks 

Presented by: Richard Leder, Partner, Corrs Chambers Westgarth

Legislation - Update and Impact  

Our presenters will outline key updates in the following areas:

• The Local Jobs First Act 2003 amended from The Victorian Industry Participation Policy Act 2003 (in force since August 2018);

This session will address the impact of this Act on procurement processes and contract requirements affecting government lawyers in Victoria.

• The Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Bill 2018;

This Bill, if enacted, will introduce key reforms particularly around Whistleblower protections and an expansion of the types of conduct that can be disclosed.

This session will address the key proposed changes.

• The Government Procurement (Judicial Review) Act 2018 (Cth) was enacted in October 2018.

The Act introduced a regime whereby the conduct of Commonwealth agencies may be challenged as a result of their procurement processes.

This session will address the key changes and impact on government departments.  

Statutory Interpretation - What Do You Mean? 

Statutory Interpretation done well, never gets old. It’s an essential survival tool and always needs to be sharpened. This session will outline the most important elements of:

• Context and Purpose
• Explanation and Persuasion.

Presented by: Peter Fox QC, Barrister, Victorian Bar

Hear from a Leader! Leading My Team - Inspire and Motivate  

Inspiring and motivating the legal team is essential to maximising performance and maintaining morale. This is particularly important as budgets shrink and client expectations increase. What are the essential skills that a leading government lawyer needs to have and what are simple yet highly effective ways to increase team effectiveness and individual job satisfaction? 

This session will outline the ways that you can optimise your and your teams motivation, performance and job satisfaction.

Presented by: Marlo Baragwanath, Victorian Government Solicitor, Victorian Government Solicitor's Office 

Conflicts of interest and Disclosure Policies - When do the facts fall through the cracks?   

Conflicts and Disclosure Policies are a fact of life for government lawyers. But are they always complied with in real life? What are the major risk areas for government lawyers and their colleagues when interpreting and applying these policies. How are the policies being flouted and what are the potential consequences of getting caught.

This session will address these issues and provide guidance in this tricky area.

Workplace Behaviour – A 2019 Update

Recent high profile examples illustrate the importance of adhering strictly to appropriate workplace behaviour guidelines. Sexual harassment or bullying allegations can destroy a career and can also bring a lawyer within the investigatory powers of the Disciplinary bodies. Now more than ever, it is critical for all lawyers to understand the strict rules around what is and is not appropriate behaviour in the workplace. By reference to recent cases this session will address this issue and provide guidance on how to avoid breaching the professional conduct rules prohibiting inappropriate workplace behaviour including sexual harassment and bullying.  

This session is designed to be informal and from your own point of view, with little preparation of materials necessary. As there will be other panellists and question time, the hour long session will be split between you, so not requiring you to speak for the whole 1 hour..

Personal Liability in the Public Sector 

The area of personal liability keeps all lawyers awake at night.  This session will address developments in the area of personal liability in government.

Property Law Legislative and Tax Update - 2019 

This session will provide the latest legislative developments and tax updates including:

Legislative 

• The Sale of Land Amendment Bill 2018
• The Owners Corporation Amendment (Short Stay Accommodation) Act 2018
• PPSA and Property leases

Tax

• Land Tax Assessments
• State Taxes Update - Duty and Land Tax
• GST and Leasing
• Foreign Resident’s Capital Gains Withholding Tax
• GST Withholding Regime
• Treasury Laws Amendment Bill 2018 (Foreign Investor Tax)

Your Ultimate 2019 Case and Development Update 

Are you sure you are on top of all the latest property law cases and developments? This session will review recent significant cases and trends in Property related litigation, highlighting key lessons and risk areas. Cases to July 2019 will be covered. This session is The Ultimate Case Update!  

Issues include:

• Claims against local Council
• Residential leases and landlord’s duty of care
• Planning issues
• Owners Corporations and responsibility for defects
• Section173 Agreements and tips and traps relating to Section 173 Agreements

Complex Conveyancing Issues - Keeping Your Guard Up 

Even the most straightforward conveyance can spiral out of control.

This session will draw your attention to the more complex problems and oversights that can occur in conveyancing matters. Our presenter will address these issues including:

• Dealing with default
• Rescission
• Subdivisions
• Strata Plans
• Easements and Covenants
• Vendor Statement blunders

This session is designed to help you take back control.

Drafting Mini-Masterclass 

This session will tackle head on the essential tips and traps in various important agreements.

• Navigating through the Development Agreement -What to look out for and what to avoid.
• Deemed Satisfaction Clauses and other risks in Offers to Lease
• Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off The Plan Contracts and advising clients in related contracts.

This session will provide an overview of the most important factors you must ensure are covered in these documents.

Lending - Impact of Royal Commission and other Developments on the Property Market 

This session will cover the impact of the Royal Commission on lending practices, regulation and the property market. How will this impact your firm and your clients in 2019 and beyond.

Risk Management for Property Lawyers 

Conveyancing claims were approximately 25 per cent of all claims for 2017/18 and are estimated to cost approximately $10 million. A substantial number of these claims are due to errors in contracts of sale and vendor statements.

As vendor statements and contracts of sale are the most important documents in a conveyance it is essential that firms get them right.

In this session we will consider the issues seen by LPLC in contracts of sale and vendor statements and tips will be provided on how to avoid conveyancing claims.

Presented by: Phillip Nolan, Risk Manager, Legal Practitioners' Liability Committee

Insurance and Property Law - The Intersection 

This session will outline important insurance related issues affecting common property transactions. The session is designed to alert you to the issues that, if missed, can cause loss to your client, including:

• Owners corporations
• Landlords
• Pre-settlement Insurance

ASIC Action 2019   

Federal Court Action Against Former Directors:

ASIC has issued proceedings in the Federal Court against former Directors of Tennis Australia alleging that they:

• withheld material information from the Tennis Australia board and breached other duties.

This case is said to have important implications including:

• Directors duty to not withhold relevant information from the board
• Board responsibilities in commercial negotiations and regarding commercial opportunities
• Board members conflicts of interest and special preferences

This session will provide an overview of the key lessons to take away from this case  so far so that you can tailor your advice as required from this early stage.

ASIC Action over Failure to Produce Documents:

In proceedings commenced n the Federal Court, ASIC sought an order against AMP compelling them to produce various documents.

This session will outline those proceedings and will highlight the implications for in house counsel, their external lawyers and their client.

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 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. It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct.

Presented by: Alex Bannister, Special Counsel, Lander & Rogers 

How Vulnerable Are Your Staff – Cyber Threats and Security 

It's easy to be fooled by cyber criminals. Cyber criminals are better than ever at targeting businesses and are always a step ahead. Psychological tools and manipulation are now being used to gain access to confidential information.  As you increase your technology protections how can you be confident that it's going to make a difference?  Your staff are prime targets for cyber criminals to groom and then infiltrate your organisation, and staff are often unaware they have been used to gain access to systems and confidential information, until it’s too late.

This session will outline how your staff and organisation may be targeted and how to put simple yet effective training and protections in place to block common vulnerable entry points.

Presented by: Craig Macaulay, Executive Director, KordaMentha 

Technology, Processes, Change – Getting ‘Buy In’ 

How do you get your team and the boards agreement on the choice and implementation of technology? How do you identify the need, the technology and explain the benefits in a way that is simple to understand? What does an advice to the board need to include and cover, in order to get sign off? And how do you get your team to agree to the implementation of technology that will improve efficiency but may also reduce the size of the legal team or support team?

This session will outline the technology issues that are essential for every in-house counsel to understand, and how to overcome the challenges that flow in terms of board and team 'buy in'.

Presented by: Andrew Mellett, Chief Executive Officer, Plexus

Learn to Say No And Still Retain The Board’s Confidence 

Influencing and building trust between the in-house counsel, the CEO, the board and staff depends on the ability of the in-house counsel being confident, calm and approachable. These skills are important in showing them that whilst you 'have their back' you will also need at times to be firm and direct in your advice, even if it results in strong objection or at worst, obstruction. The CEO, board and the staff will more readily accept advice they don't want to hear if they respect the in-house counsel giving that advice.

This session will outline the essential ways to increase your confidence and build healthy relationships and the ability to effectively influence the CEO, board and staff.

Clarity, Clear Communication and Simplifying your Advice 

Being able to simplify complex concepts and giving succinct yet full advice are communication and drafting skills that are requisite for all in-house counsel. Long complicated advice may 'cover' you but be confusing for the client to understand and may prolong the process. Getting the point across and making it clear about the decision that you are seeking, will increase the chances that the client will make the decision you need.

This session will outline the non-negotiables when it comes to clear communications and advice to the CEO and the board.

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

The Hayne Report – Culture, Expectation, Caught in The Middle 

A significant takeaway from the fallout of the Hayne Report is the pressure on in-house counsel to navigate a client’s expectation that client documents  submitted to third parties may be ‘crafted’ in such a  way that is borderline unethical and misleading. What is acceptable and what crosses the line from ‘creative writing’ to a misleading statement? You can't afford to get this wrong.

Presented by: Matthew Critchley, Partner, Corrs Chambers Westgarth