• October 2019

  • Wednesday, 23 October 2019
    23 Oct 2019 9:00am - 23 Oct 2019 4:30pm (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!

    The Conference will be chaired by:

    Bronwyn Lincoln, Partner, Corrs Chambers Westgarth; Leading Commercial Litigation & Dispute Resolution Lawyers, Doyles Guide 2019

    and

    Bettina Evert, Partner, Holman Webb Lawyers

    Redacting Documents – Errors, Risks and Consequences 

    Redacting electronic documents is a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly including:

    • Potential breaches of court orders
    • Potential breaches of client confidentiality
    • Waiver of privilege
    • Release of commercially sensitive material;

    all of which 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. With reference to key cases, leading presenter Dr Sue McNicol QC will outline the critical do’s and don’ts when faced with redaction of electronic documents.

    Presented by: Dr. Sue McNicol QC, Barrister, Victorian Bar

    Taxation Considerations and Implications in Damages and Settlement Agreements 

    Disputes between parties result in settlements which may be the product of mediation, court orders or agreement.  Do you know the taxation considerations and implications that should be considered when negotiating settlements?

    When a matter proceeds to trial and damages awarded, your client should already be aware of the potential taxation implications. Whilst the litigation lawyer is not expected to also be a tax expert, are you confident you know enough about the potential taxation problems that can arise simply because of ignorance about the right questions to ask the client?

    This session will provide guidance on the taxation matters you need to turn your mind to when advising clients in pre-settlement negotiations and pre-judgment discussions.

    Presented by: Adam Dimac, Senior Associate, Hall & Wilcox

    and

    Rachel O'Donnell, Special Counsel, Hall & Wilcox

    Mistaken Payments and the ‘Change of Position’ Defence 

    Since the High Court in Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) confirmed that the ‘change of position’ defence can still apply in certain circumstances where a payment has been made by mistake, questions remain unanswered as to its application.

    This session will examine the relevant cases, discussing when the ‘change of position’ defence may still be applicable, and the factors that may influence the outcome where an otherwise inequitable payment has been made by mistake.

    Presented by: Marcus Clarke Q.C., Barrister, Victorian Bar

    Construction of Contracts – The Continuing Uncertainty 

    There has been considerable controversy as to whether extrinsic evidence is admissible to interpret a written contract only where the language of the contract is ambiguous or whether it can be used at the outset to ascertain the meaning of contractual language in its context. The debate has entered on the expression of the ‘true rule’ in Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982).

    This session will trace developments since Codelfa, considering recent decisions by the High Court of Australia and intermediate appellate courts and demonstrate with case studies how courts approach the question of admissibility of extrinsic evidence to the task of contractual interpretation.

    Presented by: Dr Vicky Priskich, Barrister, Victorian Bar

    Contractual Penalties and Unconscionability 

    Between Paciocco v Australia & New Zealand Banking Group Ltd [2016] HCA and Australian Securities and Investments Commission v Kobelt [2019] HCA this session will explore the current state of play with respect to contractual penalties and unconscionability.

    Presented by: Daniel Kinsey, Barrister, Victorian Bar

    Consequential Loss – Recent Decisions and Practical Implications 

    Australian courts have moved away from characterising ‘consequential loss’ in accordance with the second limb of the rule in Hadley v Baxendale. And with courts in different jurisdictions continuing to interpret the term in different ways, it is becoming increasingly difficult to predict with certainty what losses will be recoverable in the event of a breach. This session will provide a review of recent cases dealing with consequential loss and consider their implications. It will also provide guidance on drafting contracts to achieve more certainty as to the extent of the limitation of liability.

     

    Presented by: Jeremy Zimet, Special Counsel, Phi Finney McDonald

     

    6.0
    $725.00
  • December 2019

  • Thursday, 5 December 2019
    5 Dec 2019 9:00am - 5 Dec 2019 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Five Outstanding One Hour Face to Face Sessions on 5 December 2019 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

     

    Early bird price available until Friday 1 November: $795 (incl. GST)

    Full Price: $945 (incl. GST)

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Thursday 5 December 2019 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    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.

    Preparing Memorandums of Advice – Clarity, Clear Communication and Simplifying Your Advice 

    The ability to simplify complex concepts and give thorough advice is a key skill for all lawyers. This skill is also critical in all forms of legal drafting including contracts and affidavits.

    Long complicated advice may 'cover' you, but be confusing for the client to understand and may prolong the process. Getting your point across and making it clear about the decision that you are seeking, will increase the chances that the client will make the right decision.

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

    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

    Ethical Behaviour and Lawyer X 

    Hear from one of the Solicitors Assisting the Royal Commission into the Management of Police Informants. She will discuss matters on the public record and provide a timely reminder of ethical and professional obligations generally.

    Presented by: Alexandra Tighe, Partner, Holding Redlich

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM THURSDAY 5 DECEMBER)

    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 RobertsonPrincipal / 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

     

     

    Available by Online Purchase Only

    10.0
    $795.00
    Early Bird Price Available - Expires 1 November 2019!
  • January 2020

  • Thursday, 30 January 2020
    30 Jan 2020 9:00am - 30 Jan 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Mediation – How to Prepare When Your Client Has Not 

    The challenges of preparing for and attending mediation can be overwhelming when:

    • Your client is unprepared;
    • Your opponent is unprepared;
    • Despite your best attempts there is no clear strategy; and
    • Your client still expects settlement.

    This seminar will address how you can overcome these challenges and achieve the best outcome.

    This session will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    Agreeing to Agree – When Letter 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

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, 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.

     

    4.0
    $450.00
  • February 2020

  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Five Outstanding One Hour Face to Face Sessions on 28 February 2020 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

    Available by Online Purchase Only

    $945.00