CPD Programs

This conference will be chaired by:

Jason Pizer QC, Barrister, Victorian Bar

and

Kay Chan, Barrister, Victorian Bar

Challenges, Trends and Issues Facing FOI and Privacy Practitioners 2020 - Hear from the Panel 

Our panel will discuss the current issues facing practitioners including:

• Potential Tougher Penalties under the Privacy Act 1988;

• New Powers for the OAIC;

• What’s Working and What’s Not Working Under OVIC;

• Changes To OVIC Procedures; 

• The European Union’s General Data Protection Regulation (GDPR);

• 'Face App' - Is there cause for concern?

Presented by: Sven Bluemmel, Victorian Information Commissioner

Lisa Fitzgerald, Partner, Holding Redlich

and

Keely O'Dowd, Senior Associate, K&L Gates

Professional Standards and the Freedom of Information Act 1982 (Vic) 

The Information Commissioner has now developed Professional Standards (a Legislative Instrument) that cover the conduct of agencies coming under the FOI Act, and how they operate under the Act. The Information Commissioner has published 33 draft Standards with a view to being finalised and commencing in late 2019.

This session will outline the final version of the Professional Standards and provide a key update on the impact these Standards will have on Government agencies.

Presented by: Joanne Kummrow, Public Access Deputy Commissioner, Office of the Victorian Information Commissioner

Part II Information Statements 

This session will cover  the drafting, reviewing or updating of your Part II Information Statement to ensure their compliance which is now more important than ever in anticipation of the Professional Standards.

This session will provide essential drafting guidance to ensure compliance.

Presented by: Roman Valher, A/Senior Policy Specialist, State Revenue Office

Processing an FOI Request – How To and Practical Application 

This session will cover procedures and issues to consider in initial processing stages of an FOI request (both personal and non-personal), including its validity, applicable statutory timeframes, obligations to consult and inform, urgency and notifying parties of a decision.

Issues such as ‘voluminous’ and ‘unclear’ applications and agency obligations to consult and inform will also be covered.

Presented by: Robin Davey, Manager, Freedom of Information Divison, Victoria Police

Exemptions - Personal and Non-Personal 

This session will cover personal application exemptions, including personal affairs and communications in confidence, as well as non-personal application exemptions such as privileged and internal working documents.

Our presenter will outline whether and how these should be applied, including reference to Section 25 of the Freedom of Information Act (1982) (Vic).

This session will also highlight the less obvious exemptions such as Cabinet documents, documents affecting legal proceedings and law enforcement documents.

Our presenter will also discuss the subtle nuances and factors to weigh up when making decisions in this area.

Presented by: Steven Brnovic, Barrister, Victorian Bar

FOI and Privacy - Recent Significant Decisions 

This session will highlight recent significant cases relevant to FOI and Privacy practitioners so you can be confident you are up to date with the latest! This session will cover cases including issues such as:

• CCTV and FOI Requests

• Privacy Law impact on Employment issues including employer right to collect sensitive employee data, duty to protect data and Biometric Data.

Presented by: Laurence White, Barrister, Victorian Bar

Public Interest Test and FOI Requests 

This session will provide guidance on:

• Understanding and interpreting the public interest test when considering FOI requests;

• How to determine the proper decision in ambiguous or nuanced situations; and

• Impact of unfavourable information having to be released.

Presented by: Kristy Fisher, Barrister, Victorian Bar

Data De-identification and Privacy - A How To Guide and Risks 

De-identification can allow entities to share information which would otherwise not be permitted under the Privacy Principles. This session will provide an overview of the de-identification process with respect to organisations that collect and retain personal data. 

Presented by: Melanie Olynyk, Partner, Maddocks

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

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

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 Robertson, Principal / 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