• November 2019

  • Friday, 22 November 2019
    22 Nov 2019 9:00am - 22 Nov 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!

     

    This conference will be chaired by:

    Jason Pizer QC, Barrister, Victorian Bar

    and

    Kay Chan, Barrister, Victorian Bar

    This conference provides an in-depth analysis of several key issues facing FOI and Privacy practitioners as follows: 

    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

     

    6.0
    $695.00
    Filling Fast!
  • Tuesday, 26 November 2019
    26 Nov 2019 9:00am - 26 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    At the completion of this workshop, you should be able to understand and explain to a client:

    • The basic characteristics of a trust.
    • The range of trusts available.
    • The similarities, differences between some of the desirable attributes of a family trust and other types of trust.
    • The different types of family and other types of trusts and when the different types might be used.
    • Maintaining a trust (including documenting decisions taken at meetings, over-viewing the various accounting requirements and satisfying the requirements under the Corporations Law); amending a Family Trust Deed.
    • Termination of a trust.
    • The key aspects of the Income Tax Assessment Act as it relates to income and capital gains of Trusts.

     

    Presented by: Allan Swan, Director - Estate Planning EQUATION – Preventative Law

    6.0
    $495.00
  • Wednesday, 27 November 2019
    27 Nov 2019 9:00am - 27 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers the practical and legal issues surrounding subdivisions. Following completion of the workshop attendees should be able to interpret a plan of subdivision and understand historical types of subdivisions, understand obligations and powers of an Owners Corporation, understand Contracts of Sale and Vendor’s Statements for lots affected by an Owners Corporation, understand requirements and compliance for pre-selling and gain an understanding of the preliminary advice to be given to a purchaser and vendor in a pre-selling situation.

    Topics covered in the workshop include:

    • the subdivision process
    • lodging plans
    • fees
    • growth area infrastructure contribution
    • other types of subdivisions
    • owners corporation subdivisions
    • pre selling
    • contracts of sale
    • stamp duty
    • GST issues

    5.5
    $495.00
  • Thursday, 28 November 2019
    28 Nov 2019 9:00am - 28 Nov 2019 4:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop is designed to build your confidence and equip you with the necessary knowledge and skills in this sometimes complex area.

     
    The program includes:

    • Applications for grants of probate and letters of administration
    • Role of executor and administrator
    • Advertising
    • Preparing documents
    • Asset collection
    • Transfers of real estate
    • Taxation issues
    • Costing files
    • Final accounts
    • TFM and dealing with assets

    Presented by: Naomi Guyett, Senior Associate - LIV Accredited Wills + Estates Specialist, Lorraine Jones & Associates

    6.0
    $495.00
  • Thursday, 28 November 2019
    28 Nov 2019 5:00pm - 28 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The seminar will cover the main factors courts consider when deciding whether to grant an application for security for costs and recent cases including the recently handed down decision in United Commercial v PHHH [2019] VSCA 192.  It will also cover how the Civil Procedure Act 2010 (Vic) has changed security for costs applications.

    Presented by: Adam Baker, Barrister, Victorian Bar

    1.0
    $145.00
  • Friday, 29 November 2019
    29 Nov 2019 9:00am - 29 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers the essentials of protecting and exploiting intellectual property, including patenting invention; registering designs and trademarks; copyright and its use in protection of designs and trademarks; trademarks in business; infringement proceedings; domain names and dispute resolution proceedings and a review of conducting searches for patents, trademarks and designs.

     

    5.5
    $495.00
  • December 2019

  • Monday, 2 December 2019
    2 Dec 2019 9:00am - 2 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This workshop covers the essentials of retail leasing and is ideal for both private practice and in-house lawyers.
    The program includes:
    • An overview of the retail leases legislation
    • Disclosure statements
    • Key conditions
    • Procedural steps
    • Stamp duty
    • Transfers
    • Surrenders
    • Recovering possession
    Stay ahead of the pack! This workshop is designed to bring you up to date with current practice, procedures and skills in this area. It is ideal for practitioners new to retail leasing practice as well a refresher for those already practising in this area.

    Presented by: Mark Flynn, Partner, McKean Park Lawyers


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • Tuesday, 3 December 2019 - Wednesday, 4 December 2019
    3 Dec 2019 9:00am - 4 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical two day workshop provides an overview of the major jurisdictions with a particular focus on Magistrates', County, Supreme Courts with reference to Federal Court and VCAT.

    The program includes:

    •     Pre-litigation correspondence
    •     Without prejudice communications
    •     Offers of compromise
    •     Deciding jurisdiction
    •     Parties
    •     Service of documents
    •     Initiating proceedings
    •     Preparing complaints
    •     Pleadings
    •     Writs
    •     Statements of claim
    •     Undefended actions
    •     Applications for orders and summary judgement
    •     Affidavits in support
    •     Defended actions and defences
    •     Directions hearings
    •     Counterclaims
    •     Set off
    •     Joinder
    •     Particulars
    •     Discovery
    •     Interrogatories
    •     Expert evidence
    •     Witness statements
    •     Setting down for hearing/trial
    •     Risk management
    •     GST related issues


    Note: This workshop runs for 2 days.

    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    11.0
    $695.00
  • Tuesday, 3 December 2019
    3 Dec 2019 9:00am - 3 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program provides an overview of Fair Work Commission (FWC), unfair dismissal and unlawful termination applications to FWC, common law claims for wrongful dismissal, drafting employment contracts considering both statute and common law and a brief overview of discrimination and equal opportunity laws. Dont risk being unprepared in this often complex area.


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00
  • 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!

    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) 

    This program is chaired by:

    Iain Jones QC, 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

     

    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

     

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

     

    10.0
    $945.00
  • 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

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Thursday, 5 December 2019. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

     

    This program is chaired by:

    Iain Jones QC, 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

     

     

     

    5.0
    $550.00
    Filling Fast!
  • Friday, 6 December 2019
    6 Dec 2019 9:00am - 6 Dec 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This practical workshop is designed for practitioners working in litigation. This unique one day course includes discussion of the key elements to managing and using evidence in litigation.
     
    The following topics are covered:
    • Admissible Evidence
    • Circumstantial and propensity evidence
    • Proof of documents
    • Expert evidence
    • Privilege and self-incrimination
    • Credibility
    • Hearsay
    • Evidence gathering via Social Media


    Essentials are workshops for lawyers new to, or wanting to update knowledge in, particular skills or practice areas. These workshops aim to cover the 'essentials'.

    5.5
    $495.00