CPD Programs

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'.

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'.

Presented by: Alexandra Tighe, Partner, Holding Redlich

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. 

 

 
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.

• 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'.

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.

 

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'.

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'.

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'.

• 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'.