CPD Programs

The conference will be chaired by:

Matthew Peckham, Barrister, Victorian Bar

Preparing for ASIC Investigations and Examinations 

Preparing documents, witnesses and the client can be particularly tricky when a client is facing potential regulatory penalties or worse.

This session will outline the key steps and matters to take into account  when preparing for these often stressful proceedings.

Presented by: David Grant, Partner, Logie-Smith Lanyon Lawyers - Recommended Commercial Litigation & Dispute Resolution Lawyer, and Insolvency & Restructuring Lawyer, Doyles Guide 2018 / 2019

Cooperation and Mitigation 

Recent high profile cases show that early negotiation and willingness to cooperate can mitigate the outcome of a regulatory investigation and legal action.  A Court may take account of issues such as early cooperation even if the regulator hasn’t.

This session will focus on advising a client how to best deal with investigations in order to secure a better outcome with regulators, or in court, should the matter proceed to hearing.

Presented by: Lucinda Hill, Counsel, Ashurst

and

James Clarke, Partner, Ashurst

Privilege, Waiver and Confidential Information

This session will address latest cases dealing with the risks associated with the provision of confidential information to a regulator.  What are the factors to weigh up when advising a client in relation to the provision of information.

Presented by: Jacob Uljans, Partner, Hall & Wilcox

Regulatory Investigations and Self-Incrimination 

This session will focus on the tips and pitfalls around claiming privilege against self-incrimination in regulatory enquiries.

Presented by: Kieran Hickie, Barrister, Victorian Bar

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

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.

Construction of Contracts – The Continuing Uncertainty 

Whether or not extrinsic evidence can be admitted as part of the interpretation of contractual terms, without the need to first establish ambiguity, continues to remain in question. Despite the passage of time since Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982), and multiple decisions by intermediate courts since, including Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2018] NSWSC, practitioners continue to face uncertainty arising from conflicting decisions.

This session will discuss various recent decisions and address the question of whether ambiguity is required for evidence of surrounding circumstances to be admissible.

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: Jennika Anthony-Shaw, 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

Sporting Figures, Free Speech and the Employment Contract  

The recent high-profile dispute involving Rugby Australia is now set for a showdown, with many commentators suggesting it will lead all the way to the High Court. Given the complexity of this case, which touches on Codes of Conduct, employment contracts and sporting figures expressing views in public forums, this session is designed to distil the most significant issues arising from this case that apply to your sports law practice.

This session will discuss issues including:

• Codes of Conduct - What is reasonable?

• Should the sporting body be entitled to regulate private views being aired in public?

• Is it appropriate for sporting bodies to take note of public opinion when developing policies?

Presented by:

Georgina Schoff QC, Barrister, Victorian Bar

and

Elle Nikou Madalin, Barrister, Victorian Bar

Sports Law Developments and Case Update  

This session will address recent cases and developments in Sports Law including:

• Restraint of Trade Clauses (following the Federal Court decision on the National Rugby League’s ‘No Fault Stand Down’ Rule);
• Update to advice for sporting clubs following the Royal Commission into Institutional Child Abuse and requirement for Code of Conduct and Child Safe Policy;
• Social media ‘trolling’ and legal remedies;
• Intellectual property issues surrounding ownership and reproduction of sports players photographs;
• Proceedings between American sports publishing website ‘The Players Tribune’ against new Australian sports website ‘PlayersVoice’; and
• Regulation of gender and biological differences and its impact on sport.

Presented by:

Mark Rinaldi, Barrister, Victorian Bar, and

Chris Oldham, Barrister, Victorian Bar.

Sports Law in Australia – Governance, Regulation and Integrity  

Late last year Mr. James Wood QC released the most in-depth report into the integrity of Australian sports ever undertaken, titled ‘Review of Australia’s Sports Integrity Arrangements’. It addressed key national and international threats to sporting arenas both here and overseas.

This session will take an in-depth look into the Report and how it will affect your clients and organisations, including:

• The establishment of a National Sports Tribunal (National Sports Tribunal Bill 2019) and Sports Commission, Sports Integrity Australia;
• Addressing corruption in Australian sport;
• Changes to the ASADA Act to strengthen doping violations (Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Bill 2019;
• Law enforcement powers, including dealing with ‘information’ under the Privacy Act 1988 (Cth):
• New federal match fixing laws;
• The removal of privilege against self-incrimination; and
• New whistle-blower protections.

Legal Responsibility of Sporting Organisations - Mental Health and Other Workplace Claims 

The responsibility of sporting organisations to provide a safe workplace is clear, but where does legal liability begin and end?

Is the professional sporting body the same as any other employer, or is there a layer of complexity arising from expectations that the media and public has towards sporting clubs and players that increases the number of steps that the employer needs to take, in order to adequately fulfil its legal obligations?

There is now an expectation that every sporting organisation will have the tools and policies in place to identify, prevent and or deal with player and staff issues including mental health concerns such as anxiety, gambling and drug addictions. Can this also extend to post employment issues such as financial and health management?

This session will discuss the policies that sporting organisations should have in place to deal with current workplace issues, as well as the potential for ongoing liability following the departure of players and staff from clubs, and the potential for future claims in the absence of proper workplace policies and procedures.

Presented by: Amy Hando, Barrister, Victorian Bar

Professional Sports Contracts – Advanced Drafting Skills 

Sports Law is a unique practice area and requires care and precision when drafting complex employment and other contracts. This is the case even for experienced Sports Lawyers, particularly as sponsorships, social media and other evolving issues often overlap.

This essential session will outline strong drafting techniques and will cover:

• Common complex questions arising in Sports Law Employment contracts;
• Contracts with minors;
• Restraints;
• The intersection of the sporting employment contract with sponsor and endorsement agreements; and
• Termination clauses

This session is designed to take your drafting skills to a more advanced level.

Presented by: Paul Horvath, Principal, Sports Lawyer

Concussion in Sports – Risks, Rates and Liability  

As more and more discussion and studies continue to evolve around the issue of concussion in sport, so too does the number of players retiring from sport due to concussion related injuries, and the number of cases being issued by former players seeking compensation.

This session will look in-depth at the legal liability surrounding this area including:

• The latest developments relating to concussion in sports;
• Latest cases;
• Duty of care and the intersection with workplace health and safety;
• Potential for class action/s in the future.

Presented by: Cristina Morganti-Kossman, Adjunct Associate Professor, Monash University

Where’s the ‘Good Faith’ in Sporting Contracts?  

It is always exciting for a sporting club to sign a new player to a contract and their club. It is often met with fanfare and can lead to a jump in sponsorship, memberships and revenue. However, it is not uncommon for players to break contracts early if they are unsatisfied or wish to pursue successful opportunities elsewhere.

With hundreds of thousands of dollars on the line, where does the duty of ‘good faith’ in sporting and commercial contracts come into play compared to other industries?

This session will take a look at recent high-profile examples and examine where the duty of good faith lies in the current context of sports and commercial law contracts and the issues you need to consider when you are drafting your client’s next contract.

Presented by: Margo Harris, Barrister, Victorian Bar