• February 2019

  • Wednesday, 6 February 2019
    6 Feb 2019 9:00am - 6 Feb 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Substance Abuse and Children’s Orders 

    Devising parenting arrangements that are in the best interests of the child can be particularly complicated when there is drug or alcohol abuse involved. This session will consider how the courts are addressing issues of substance abuse in children’s orders, with reference to recent cases, and provide tips and traps for practitioners dealing with these matters.

    Short Relationships and the Issue of Contributions 

    Clients separating from a short term relationship are sometimes surprised by the financial consequences when it comes to severing financial ties. 

    This session will examine some issues affecting the division of property for separated couples who were involved in short relationships (married or de facto), including the treatment of initial contributions.

    Drafting Calderbank Offers in Family Law Proceedings 

    The ramifications of a poorly worded Calderbank Offer can be devastating to your client. Getting them wrong can have a significant impact on negotiations potentially derail proceedings and possibly affect a later Application for Costs should the matter proceed to court.

    This seminar will provide you with an in-depth overview of Calderbank Offers and is designed to equip you with the essential skills to draft these important documents with confidence.

    3.0
    $365.00
  • Friday, 8 February 2019
    8 Feb 2019 9:00am - 8 Feb 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    ADR - Strategies and Techniques to Manage the Opposition   

    How do you deal with an opponent who wants to make the negotiation process as difficult as possible? How do you manage a client who effectively sabotages the process?

    Our presenter will offer essential tips, techniques and strategies designed to help you take control of the ADR process and become a more effective negotiator. This session will cover:

    • Preparing for successful negotiation

    • Psychological factors at play

    • Identifying best alternatives to a negotiated settlement

    • How to deal with an uncompromising opponent
    • How best to manage a headstrong client

     

    Unfair Contracts – New Legislation and Recent Cases

    The area of Contract Law has seen recent significant changes.  To guarantee that you can properly advise your client, you must ensure that you are on top of all developments.

    This session will discuss recent case law and legislative developments including:

    • Recent legislation update and effect including an analysis of the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) (Act) which commenced on 26 October 2018;
    • The unfair contract terms and their extension to small business contracts;
    • Breach of contract;
    • Remedies;
    • And more.  

    Make sure that you are not left behind in the ever-evolving area that is Contract Law!

     

    How to Deal with Difficult Clients and Colleagues and Get the Best Outcome  

    Do you sometimes work with ‘challenging colleagues’? Are your clients pushing you to your limits? Are you fed up? Want some strategies to communicate and deal with tricky situations?

    This seminar is designed to provide practical and durable communication techniques and strategies. It will also outline the legal responsibilities vis a vis communication with clients and will include:

    • Choosing the most appropriate communication method, ie- email, face to face meetings
    • Building rapport and trust
    • Developing empathy
    • Obligations to communicate with your client pursuant to the Uniform Law
    • Recognising and avoiding legal liability for bullying and harassment when dealing with challenging colleagues and clients

    Keeping it real in 2019!

     

    Ethics – Recent Case Update and Developments 

    Although practitioners are aware of their professional duties and ethical obligations, a surprising number still fall short of the standard required.

    In this session, hear from a leading practitioner on:

    • Areas of ongoing general concern for legal practitioners;
    • Practical guidance on how to reduce the risk of a complaint; and
    • The top ethical dilemmas that keep practitioners awake at night.

    Grab this chance to get your CPD Ethics point under your belt.

    Presented by: Donna Cooper, Ethics Consultant, Ethics4Lawyers

     

    4.0
    $450.00
  • Tuesday, 26 February 2019
    26 Feb 2019 9:00am - 26 Feb 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    ADR - Strategies and Techniques to Manage the Opposition   

    How do you deal with an opponent who wants to make the negotiation process as difficult as possible? How do you manage a client who effectively sabotages the process?

     

    Our presenter will offer essential tips, techniques and strategies designed to help you take control of the ADR process and become a more effective negotiator. This session will cover:

    • Preparing for successful negotiation

    • Psychological factors at play

    • Identifying best alternatives to a negotiated settlement

    • How to deal with an uncompromising opponent
    • How best to manage a headstrong client

     

    Unfair Contracts – New Legislation and Recent Cases 

    The area of Contract Law has seen recent significant changes.  To guarantee that you can properly advise your client, you must ensure that you are on top of all developments.

     

    This session will discuss recent case law and legislative developments including:

    • Recent legislation update and effect including an analysis of the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) (Act) which commenced on 26 October 2018;
    • The unfair contract terms and their extension to small business contracts;
    • Breach of contract;
    • Remedies;
    • And more.  

    Make sure that you are not left behind in the ever-evolving area that is Contract Law!

     

    How to Deal with Difficult Clients and Colleagues and Get the Best Outcome  

    Do you sometimes work with ‘challenging colleagues’? Are your clients pushing you to your limits? Are you fed up? Want some strategies to communicate and deal with tricky situations?

     

    This seminar is designed to provide practical and durable communication techniques and strategies. It will also outline the legal responsibilities vis a vis communication with clients and will include:

    • Choosing the most appropriate communication method, ie- email, face to face meetings
    • Building rapport and trust
    • Developing empathy
    • Obligations to communicate with your client pursuant to the Uniform Law
    • Recognising and avoiding legal liability for bullying and harassment when dealing with challenging colleagues and clients

    Keeping it real in 2019!

     

    Ethics – Recent Case Update and Developments 

    Although practitioners are aware of their professional duties and ethical obligations, a surprising number still fall short of the standard required.

     

    In this session, hear from a leading practitioner on:

    • Areas of ongoing general concern for legal practitioners;
    • Practical guidance on how to reduce the risk of a complaint; and
    • The top ethical dilemmas that keep practitioners awake at night.

    Grab this chance to get your CPD Ethics point under your belt.

    Presented by: Michael Dolan, Director, Ethics4Lawyers

    4.0
    $450.00
  • Wednesday, 27 February 2019
    27 Feb 2019 9:00am - 27 Feb 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Legislative Update and New Developments   

    This session covers legislative updates and new developments including:

    • Building Amendment (Registration of Trades and other matters) Bill 2018
    • Justice Legislation Miscellaneous Amendment Act 2018 
    • Owners Corporations (Short-stay Accommodation) Act 2018 (Vic)
    • Sale of Land Amendment Bill 2018
    • GST Withholding Regime Update
    • Adverse Possession Update

     

    Drafting Hour of Power 

    This session will provide essential drafting tips in;

    • Deeds or Agreements of Variation in Property Transactions
    • Sunset Clauses

    These documents may appear simple however they are rife with significant risks and this session is designed to help you successfully avoid those risks.

     

    Property Contracts and Planning Blunders 

    This session will address common situations in which property lawyers have fallen down through insufficient knowledge of Planning issues. This session is designed to arm you with enough knowledge to avoid common traps in this area. 

     

     

    3.0
    $365.00
  • March 2019

  • Friday, 1 March 2019
    1 Mar 2019 9:00am - 1 Mar 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Program Soon To Be Announced!

    $365.00
  • Thursday, 7 March 2019
    7 Mar 2019 9:00am - 7 Mar 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Program Soon To Be Announced!

    $365.00
  • Friday, 8 March 2019
    8 Mar 2019 9:00am - 8 Mar 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Earlybird Price: $665.00 (incl. GST) expires Friday 1 February 2019

    Full Price: $695 (incl. GST)

     

    IBAC - Public Sector Corruption and More 

    This session will outline IBAC’s role and the issues that IBAC is currently focusing on in 2019/20.

    Receiving Threats - How to Handle an Intimidating Client 

    Acting for and managing a client who threatens, intimidates or manipulates. Most criminal lawyers have experienced clients who try and pressure their lawyer into acting against their better judgement. It may be obvious intimidation or more subtle means of influencing their lawyer into managing the case 'the clients way’.

    What are the options and the most successful way to handle a client in these situations? This session will address these issues and provide practical guidance.

    Case Update and Legislative Developments and Discussion 

    This session will provide an update on significant recent cases up to March 2019 and an overview of recent legislative developments.

    Expert Witnesses - Due Diligence and Inconsistencies    

    What are the risks in failing to adequately research the suitability and previous evidence of an expert witness called by the prosecution or alternatively on behalf of an accused? Particularly in regard to any previous inconsistent statements or evidence presented by that expert witness.

    This session will address these issues and will also cover:

    • Grounds for appeal if you subsequently find the expert has given contradictory statements in cases either before or after your client’s matter has been heard; and
    • What resources are available to assist in checking an expert’s expertise and their previous evidence.

    Recent Court Initiatives - Are They Working? 

    This session will overview the pros and cons of recent Court initiatives including:

    • Victorian Intermediaries Pilot Program-Assisting Vulnerable Witnesses; and
    • E-Briefing - Digital Briefs of Evidence

    Setting Boundaries - Maintaining a Healthy Distance From The Client 

    What can happen when a lawyer overidentifies with their client?  What are the risks when the lawyer stops being able to maintain a professional distance?

    This session will discuss the temptations and the cost of overstepping the boundaries with a client. It will also outline how best to deal with a colleague that you suspect is ‘getting too involved’ with their client.

    Mitigating the Outcome - Benefits of Drug and Other Treatment 

    Recent cases indicate the current view of the courts in how voluntary pre-hearing treatment undertaken by the accused, may correlate with a more favourable outcome.

    What are the most effective voluntary steps that should be undertaken in cases ranging from drug offences through to serious assault and burglary. 

    An added incentive may be the possibility that voluntary actions not taken into account by the initial decision maker may form the basis of an appeal in some cases.

     

    6.0
    $665.00
    Early Bird Price Available - Expires 1 February 2019!
  • Friday, 15 March 2019
    15 Mar 2019 9:00am - 15 Mar 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Program Soon To Be Announced!

    $435.00
    Early Bird Price Available - Expires 15 February 2019!
  • Wednesday, 20 March 2019
    20 Mar 2019 9:00am - 20 Mar 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Earlybird Price: $665.00 (incl. GST) expires Friday 15 February 2019

    Full Price: $695 (incl. GST)

    Employment Law Case Update 

    This session will cover cases up to March 2019 including:

    • Unfair Dismissal Cases;
    • Casual staff, Entitlements and Arrangements;
    • Workplace Investigations 
    • Legal Professional Privilege 

    Managing Internal Processes When an External Claim is Made 

    The commencement of performance management or misconduct investigations is often met with an internal or external counter complaint by the relevant employee.  

    This can paralyse organisations into inaction. Management and HR might worry they are ‘conflicted out’.  Does everything have to stop?  Do you need to address the counter complaint first?

    How does continuing with performance management / disciplinary procedures impact the employer’s legal risk? Can the employee use it as further evidence of bullying or victimisation?

    This presentation will explore how to advise employer clients to progress management action in circumstances where HR managers and/or supervisors find themselves on the receiving end of an internal or external complaint.

     

    Presented by: Tony Pick, Senior Associate, HWL Ebsworth.

    Genuine Contractor or Employee - Managing Risks in the Era of the Gig Economy 

    What are the ongoing uncertainties around the categorisation of independent contractor versus employee? Is it possible to ‘future proof’ against claims that an independent contractor could be found to be an employee at a later stage, particularly in the ever-evolving era of the gig economy?

    This session will address the current state of play and provide guidance on how to best advise your clients to manage their risks in regard to this issue.   

    Legislative Update and New Developments 

    This session covers legislative updates and new developments including:

    • Long Service Leave Act 2018 (Vic) (LSL Act 2018);

    • Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018;

    • Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018;

    • Fair Work Amendment (Restoring Penalty Rates) Bill 2018;

    • Modern Slavery Act 2018 (Cth);

    • Family Friendly Working Arrangements {2018} FWCFB; and

    • Proposed Amendment to Australian Human Rights Commission Regulations.

    Public Comment and Personal Views - The Impact on the Employer's Business 

    What is considered acceptable employee behaviour in the case of public comments made by an employee which criticise the clients or customers of an employer, rather than the employer itself?

    Where is the line which separates clearly derogatory comments about an employer’s client or customer and more subtle views which could be considered to be objectively moderate?

    Our presenter will discuss this issue by reference to recent examples.

    Drafting:  Bonus Schemes /Sales Commission Schemes/ Bonus Plans/ Discretionary Bonuses 

    Employment lawyers are often faced with clients seeking advice about the drafting of bonus schemes and the possibility of successfully bringing legal proceedings for unpaid bonuses.  Bonus schemes/ bonus plans may form part of an Employment Contract or may be separate to the Employment Contract. 

    This session will include tips on how to construct appropriate clauses and key terms.  This session will also cover cases and how to avoid disputes arising.

    Presented by: Rob Jackson, Partner, Accredited Workplace Relations Law and Commercial Litigation Specialist, Rigby Cooke

    and

    Victoria Comino, Senior Associate, Rigby Cooke.

    When Policies and Culture Collide 

    Is it enough to have well drafted polices in place which dictate appropriate work life balance, yet the culture on the employer rewards overwork?  This session will address the impact of office culture and expectations versus moderate and balanced policies.

     

    6.0
    $665.00
    Early Bird Price Available - Expires 13 February 2019!
  • Thursday, 21 March 2019
    21 Mar 2019 9:00am - 21 Mar 2019 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Responsibilities and Risk Management When Advising Executors – ‘Acting Against Your Will’ 

    How do you best manage the risks when an executor acts against your advice or is pressured by interested parties to act contrary to the strict terms of a will? How far do you have to go in managing the risks in this area?

    Will Drafting – Complexities and Nuances 

    This practical session will provide an essential update on drafting key will clauses, including the trickier elements and will also cover:

    • Appointment of executors
    • Bequests and devices
    • Residue clauses
    • Superannuation streaming
    • Blended families

    Life Interests and Tax Implications 

    What are the tax risks and implications of life interests? This can be a complex area and risky if you are not adequately prepared. This session will outline the common risks and provide guidance on dealing with and advising your clients in this area.

    Presented by: Ellen Grant, Barrister, Victorian Bar

    3.0
    $365.00
  • Friday, 22 March 2019
    22 Mar 2019 9:00am - 22 Mar 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 22 March 2019 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)

    Friday 22 March 2019 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    Agreeing to Agree – When Letter of Intent or Heads of Agreement Become Binding 

    Despite a common misconception that you can’t have an agreement to agree, in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.

    This session will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding. It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct

    Directors Duties and ASIC - The Impact on Your Legal Advice 

    The duties and responsibilities imposed on company directors and officers have recently been in the spotlight following controversy around the banking and Financial industries. This session will examine recent cases and developments concerning directors’ and officers’ duties, including to what extent directors should be aware of potential breaches of the law and whether there is a need for more effective protection for directors in decision making. It will also address potential claims and the signs to watch for and questions to ask when advising clients in this area.

    The session will provide guidance on how companies should modify their practices and procedures and will also cover the most recent ASIC investigations and cases. It will also discuss the wide range of powers that ASIC officers can enforce.

    Calderbank Letters and Offers of Compromise-Drafting Tips and Tactics 

    The ramifications of a poorly worded Calderbank letter and Offers of Compromise can be devastating to your client. Getting them wrong can have a significant impact on negotiations, potentially derail proceedings and possibly affect a later Application for Costs should the matter proceed to court.

    This seminar will provide you with an in-depth overview at both Calderbank letters and Offers of Compromise in light of recent cases, and is designed to equip you with the essential skills to draft these important documents with confidence.

    Contract Law – Case Update and Recent Developments 

    This session will provide an overview of recent significant contract law decisions and the lessons to be learnt from them, covering issues such as:

    • Construction of contracts; Repudiation and Termination;
    • Dispute resolution clauses; Consequential loss;
    • Reasonable endeavours; Implied duty of co-operation;
    • Damages for breach of warranty / mitigation; and
    • Review of the Unfair Contract Terms.

    This is the essential contract law update for 2019.

    Ethics – Recent Case Update and Developments 

    What are the boundaries around giving ethical advice to lawyer friends, colleagues and family?

    • Can you remain objective?
    • Should you make a note of the conversation?
    • How can you remain calm and rational if you receive an ethical criticism or complaint?

    Receive practical guidance on how to reduce the risk of an ethical criticism or complaint and maintain perspective if you receive one.

    This session will also provide an overview of the most recent and significant Australian ethics cases to March 2019.

    Presented by: Donna Cooper, Ethics Consultant, Ethics4Lawyers

     

    +

     

    ONLINE WEBCASTS: (5 CPD POINTS)
    The below webcasts are available immediately for viewing upon purchase of 10 Point Package!

    VCAT Practice & Procedure and What to Avoid-Hear from a VCAT Member 

    This seminar presented by Member Chris Edquist, discusses everything you need to know when appearing before VCAT and covered the proper practice, procedure and mistakes you need to avoid when appearing at VCAT.

    The session also covers jurisdictional issues and VCAT's limitations. Topics include:

    • Duty to act fairly, procedure & natural justice,
    • VCAT Jurisdiction-When to go to VCAT, Applying to VCAT
    • Fees and Reimbursement, Practice notes, Time limits and Costs, Legal Representation, Ending a case.

    As presented by:

    Chris Edquist, Member, Victorian Civil and Administrative Tribunal

    Costs Update 

    This seminar provides an update on the key changes related to legal costs, guidance on their practical application and examines recent cost dispute cases involving practitioners, clients and third parties.

    View this seminar to ensure that you are not caught out!

    As presented by: 

    Penelope Robertson, Principal / Costs Lawyer, Ethical Costing & Legal Services

    Drafting Affidavits - From Good to Excellent! 

    In this seminar, experienced Barrister, Maya Rozner, uses practical examples to highlight essential drafting techniques when preparing affidavits. Maya provides guidance on what to do and what not to do in order to prepare effective, admissible affidavits.

    The session also covers:

    • The use of Affidavits in Court;
    • Tips on how evidence is presented in affidavits including Hearsay and Form, content and style.

    This session is a must for all practitioners who want to improve their drafting skills!

    As presented by:

    Maya Rozner, Barrister, Victorian Bar

    Drafting Guarantees and Indemnities - Enhance Your Skills 

    Guarantees and indemnity clauses must be drafted with care, skill and precision.  This seminar provides practical guidance for drafting effective guarantees and indemnity clauses to minimise risk of ambiguity or unenforceability. The session also discusses recent cases in this area.

    As presented by:

    Tomaso Di Lallo, Barrister, Victorian Bar

    Mandatory Data Breach Notification Regime - Your Essential Update 

    The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) took effect on 22 February 2018. In only a few short months, many high profile data breach examples highlighted just how critical it is for every company and organisation, no matter how big or small, to mitigate the risk of data breach, and that failure to comply can potentially result in serious consequences for your clients and negative exposure for you or your firm/organisation.  

    Recent commentary suggests that data breaches and hacking incidents are becoming an increasing risk, especially in the legal sector. They also show that the majority of data breaches are caused by human error. Practitioners should ensure that they are fully aware of the legal position so they can advise their clients on the necessary requirements, plans and procedures to respond to any data breaches that may occur.

    This seminar presented by Michael Rivette provides an update on the latest developments since the legislation took effect, and guidance on what you can do to protect your clients, your firm, organisation and even yourself.

    As presented by: 

    Michael Rivette, Barrister, Victorian Bar

     

    10.0
    $795.00
    NEW!
  • Tuesday, 26 March 2019
    26 Mar 2019 9:00am - 26 Mar 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Program Soon To Be Announced!

    $435.00
    Early Bird Price Available - Expires 26 February 2019!