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

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.

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

Session 1

Allegations of Inappropriate Behaviour by Staff Members or Contractors 

Responsibilities and options when notified that a staff member or contractor/s has acted inappropriately towards a child in your care:

• Questions to ask and information required
• Staff personal liability vs school liability
• Legal responsibilities towards child/ren and staff member/contractor.
• Options for conducting investigation
• External vs internal investigator

Presented by: Fiona Knowles, Barrister, Victorian Bar

Session 2

Family Law Issues and The School’s Role 

Responsibilities and risks in interpreting and complying with various Court requirements. This session will discuss:

• Parenting Orders, Parenting plans
• Intervention Orders
• Complying with Subpoenas
• Student and parent privacy

Presented by:

Jason Walker, Partner, Gadens, and

Louise Dorian, Special Counsel, Gadens

Session 3

Data Breaches and the Impact on Your School 

The Mandatory Data Breach laws impose legal responsibility on organisations, including schools, to protect student and staff personal data and information. Breaches can have serious consequences. Recent high profile examples show the adverse impact a breach can have on the reputation of a teaching organisation.

This session will outline:

• What is the data breach regime
• How does it apply to schools
• What data must be protected
• What to do if a breach occurs and your legal reporting obligations

Session 4

A Safe Workplace and Duty of Care 

A school has a responsibility to provide a safe workplace including risks to mental and physical health. This session will discuss the schools’ responsibilities and common risks and causes including: 

• Abuse from parents including online criticism and abuse
• Long hours and report writing
• Managing student behavioural and personal issues