• July 2019

  • Wednesday, 24 July 2019 - Thursday, 25 July 2019
    24 Jul 2019 9:00am - 25 Jul 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

     

    Presented by: Chris Hender, Barrister, Victorian Bar

    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
  • August 2019

  • Monday, 5 August 2019
    5 Aug 2019 9:00am - 5 Aug 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop for lawyers provides a practical analysis of the options available for enforcing your client’s orders and judgments in Victoria.  This one day program looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts. It also provides guidance on advising clients on the preferred options and will address preparing court documentation to bring the enforcement options into effect. An Essential Program for all litigators.

    The program includes:

    •    Enforcing Orders and Judgments
    •    Oral examination of debtor
    •    Warrants
    •    Attachments of earnings and attachment of debts
    •    Charging and stop orders over securities and funds in court
    •    Bankruptcy and winding up
     

    Presented by: Matthew Peckham, Barrister, Victorian Bar

    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, 8 August 2019
    8 Aug 2019 1:00pm - 8 Aug 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    With a range of options and strategies available to gather evidence and present your clients case including Interrogatories, Subpoenas, Notice to Produce, Notice to Admit, and Social Media what are the pros and cons of each option.

    Presented by: Alexandra Tighe, Partner, Holding Redlich

    1.0
    $145.00
  • September 2019

  • Tuesday, 3 September 2019
    3 Sep 2019 5:00pm - 3 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar will outline the relevant factors to weigh up when choosing an expert witness. 

    Not all experts giving expert evidence are equal. If they are to be permitted to provide ‘opinion evidence’, experts need to have more than just the necessary and proper qualifications, they must have ‘specialised knowledge’. 

    With reference to recent cases, this session will discuss the use of expert evidence, the specialised knowledge that is required in order to give ‘opinion evidence’, and when the evidence of such experts can be relied upon. 

    It will provide guidance on the proper qualifications of an expert, and the issue of whether those qualifications are in fact being used to form the expert’s view. 


     

    1.0
    $145.00
  • Tuesday, 10 September 2019
    10 Sep 2019 5:00pm - 10 Sep 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    In a recent high profile case the NSW Supreme Court in Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd [2019] NSWSC 766  held that a media outlet is liable for comments made by third parties on its Facebook pages, even if it didn’t write the allegedly offending comments.

     
    This may be a stark warning to any organisation , business or person using platforms with comments sections such as Facebook, blogs, or YouTube channels whereby potentially ­defamatory comments may be published, that they may now be liable for those comments.
     
    Defamation law is a rapidly developing area of practice and all lawyers working in this area should now be on guard! This session will outline the impact of this and other recent case on the advice you give in your defamation practice.

    1.0
    $145.00
  • Monday, 16 September 2019
    16 Sep 2019 9:00am - 16 Sep 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
  • 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

    Early bird price available until Friday 13 September: $695 (incl. GST)

    Full Price: $750 (incl. GST)

     

    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.

    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.

    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.

    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.

     

    6.0
    $695.00
    Early Bird Price Available - Expires 13 September 2019!
  • November 2019

  • Wednesday, 13 November 2019
    13 Nov 2019 9:00am - 13 Nov 2019 3:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This Workshop for lawyers provides a practical analysis of the options available for enforcing your client’s orders and judgments in Victoria.  This one day program looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts. It also provides guidance on advising clients on the preferred options and will address preparing court documentation to bring the enforcement options into effect. An Essential Program for all litigators.

    The program includes:

    •    Enforcing Orders and Judgments
    •    Oral examination of debtor
    •    Warrants
    •    Attachments of earnings and attachment of debts
    •    Charging and stop orders over securities and funds in court
    •    Bankruptcy and winding up
     

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

    This workshop is designed to help practitioners understand the parameters and secrets to drafting effective pleadings. Well drawn pleadings can prevent costly interlocutory disputes and provide a basis to embark on successful litigation. Participants draft pleadings using various fact scenarios and receive feedback and evaluation in this interactive and practical workshop.

    Topics include: the rules of pleadings, statements of claim, defences and subsequent pleadings, set-offs and counter-claims, particulars, identifying faulty pleadings and drafting tips and traps.


    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
  • Wednesday, 20 November 2019 - Thursday, 21 November 2019
    20 Nov 2019 9:00am - 21 Nov 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
  • December 2019

  • 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