CPD Programs

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

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

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.

Tax Implications of Settlements 

Reaching successful settlement can be soon followed by the awful realisation that tax implications for the client have not been factored into the agreement.

What are the taxation considerations and implications that should be considered by practitioners when formulating settlements?

This session will outline the essential issues to cover when advising clients in pre-settlement discussions and pre-judgment negotiations. 

Managing Cyber Risk For Law Firms 

Recent research has shown that in the last two years, cyber attacks have affected more than one in four Australian firms. Cyber hackers, scammers and criminals continue to create and evolve methods of infiltration and attack, and law firms and their data are prime targets for theft, breaches and hacking.

While all firms need to be aware of, and train their staff about the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by them, the cost of such training seems to be viewed as too costly in the short term. Unfortunately, recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack and the seriousness of cyber risk can longer be ignored.

This session will advise how to best prevent an attack on your client’s confidential, sensitive information and your law firm’s reputation and integrity. It will also address the impact that electronic tampering and invasion has on your professional liability.

Be armed with the most up to date knowledge on how to best manage and mitigate risk in this rapidly evolving area.  

How to Deal with Difficult Clients and Colleagues and Get the Best Outcome 

Do you sometimes work with ‘challenging colleagues’? Are your clients pushing you to your limits? Are you fed up? Want some strategies to communicate and deal with tricky situations?

This seminar is designed to provide practical and durable communication techniques and strategies. It will also outline the legal responsibilities vis a vis communication with clients and will include:

• Choosing the most appropriate communication method, i.e.- email, face to face meetings;
• Building rapport and trust;
• Developing empathy;
• Obligations to communicate with your client pursuant to the Uniform Law; and
• Recognising and avoiding legal liability for bullying and harassment when dealing with challenging colleagues and clients

Keeping it real in 2020!

 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 is the boundary 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.

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.

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

Engagement Habits - Due Diligence From The Get Go 

What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

E-Contracts And Signatures - Risks, Rewards And Consequences 

With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

• When is an E-signature acceptable?
• What if the laws do not provide for documents to be served by hard copy; and
• What other risk management issues do firms face, including cyber risk?

This session will also include a Case Update. A must for all practitioners in 2020.

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.

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

Negotiating And Drafting Settlement Agreements And Releases 

Practitioners are often instructed to make or consider offers of settlement, enter into settlement negotiations and draw settlement agreements and / or enforce their terms. It is imperative that practitioners have excellent drafting skills in order to accurately record settlement and minimise client risk.

This seminar will cover:

•     “without prejudice” offers and negotiations;
•     forms of settlement offers;
•     drafting terms of settlement and releases; and
•     key risk areas.

Presented by: Graydon Dowd, Partner, Hall & Wilcox

VCAT – Powers, Practice & Procedure 

This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

Finally, the degree of formality involved in proceedings before VCAT varies considerably.

This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

Presented by: Suzanne Kirton, Senior Member, Victorian Civil and Administrative Tribunal

Misleading and Deceptive Conduct Update - Hear from a Barrister And Former General Manager, Consumer Affairs! 

Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

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.

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

Engagement Habits - Due Diligence From The Get Go 

What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

E-Contracts And Signatures - Risks, Rewards And Consequences 

With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

• When is an E-signature acceptable?
• What if the laws do not provide for documents to be served by hard copy; and
• What other risk management issues do firms face, including cyber risk?

This session will also include a Case Update. A must for all practitioners in 2020.

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.

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.

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.

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.

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.