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.

Drafting Mini-Masterclass  

The session will address drafting issues involving:

Business and Company Owners:

What are the essential issues to address with your client when drafting wills and related documents, in cases where businesses and companies would be vulnerable should your client pass away. This is particularly important in cases where the client is the driving force behind the business or company.

Squabbling Siblings:

Drafting a Will can be an emotional process for parents whose children do not get on. This is particularly difficult where there is a history of family violence between siblings. This session will address how the will may be drafted to provide for separation of siblings throughout the administration process and advice to assist parents in discussing these issues with their children.

These important tips can make all the difference!

Presented by: Jennifer Maher, Principal Laywer, Accredited Wills and Estates Specialist, KCL Law

Advising on Trusts - The Finer Points  

Why and when might you choose them? How do they work and what are the Pros and Cons including Tax Implications? This session will provide guidance on these questions by reference to the following options:

• Superannuation Proceeds Trust (SPT)
• Superannuation Minor’s Trust/ Minor’s Trust
• Disability Trust
• Injury or Compensation Trust
• Testamentary Trust
• Charitable Trust
• Constructive Trust Claims

Presented by: Carolyn Sparke QC, Barrister, Victorian Bar

Your Indispensable 2019 Case Update  

Our presenter will outline significant recent cases including cases dealing with:

• Deceased estates;
• Trusts; 
• Capacity; 
• Revocation

and more.

Presented by: Philip Bender, Barrister, Victorian Bar

Legislative Update and Developments – An Essential 2019 Guide   

This session will provide an essential update of legislative developments including:

Guardianship and Administration Bill 2018;

Oaths and Affirmations Act 2018

And commentary on the ongoing impact of:

Voluntary Assisted Dying Act 2017 (Vic).

The Medical Treatment Planning and Decisions Act 2016

Presented by: William Moore, Partner, Hall & Willlcox

Early Inheritance Syndrome - How to Recognise the Symptoms and Manage the Risk  

Potential beneficiaries can use various methods to pressure and influence a testator to allow early access to entitlements before death. This is most likely to arise in cases where elderly parents are pressured by adult children to run down or deplete the estate by improper use of power of attorney, pressure to amend a will or appropriating personal property often without other beneficiaries knowing this has taken place.  How should you best advise your client when you suspect that either they are being influenced prior to will drafting or that beneficiaries are trying to use various means to gain early access to estate assets.

What are the options to advise your beneficiary clients in cases where they believe the estate has been accessed by other beneficiaries prior to the testator’s death?

This session will address these issues and provide guidance on the signs, symptoms and management of Early Inheritance Syndrome.

Presented by: Ines Kallweit, Principal and Accredited Wills & Estates Specialist, KHQ Lawyers

Personal Representatives and Personal Liability 

When can a Personal Representative be held personally responsible on distribution of assets?  The question of whether a Personal Representative has notice of an estate debt may not always be straightforward. This session will discuss the risks and consequences of an incorrect distribution and ways to reduce risk.

Presented by: Justin Rizzi, Barrister, Victorian Bar  

Alternatives to a Part IV Applications 

This session will outline the alternative claims on an estate other than a Part IV application.

Ethical Decision Making - Not Always Obvious  

Ethical dilemmas can sometimes be clear but other times can be subtle and creep up over time. It is often those times when a practitioner feels backed into a corner and pressured to make a wrong call.  Our presenter will outline the obvious and not so obvious warning signs that can signal an ethical problem.