• January 2020

  • Thursday, 30 January 2020
    30 Jan 2020 9:00am - 30 Jan 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Mediation – How to Prepare When Your Client Has Not 

    The challenges of preparing for and attending mediation can be overwhelming when:

    • Your client is unprepared;
    • Your opponent is unprepared;
    • Despite your best attempts there is no clear strategy; and
    • Your client still expects settlement.

    This seminar will address how you can overcome these challenges and achieve the best outcome.

    This session will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    Presented by: Penny Van den Berg, Principal Lawyer, Mahlab Costing

    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

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    4.0
    $450.00
  • February 2020

  • Tuesday, 11 February 2020
    11 Feb 2020 9:00am - 11 Feb 2020 12:20pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Enforceability of Agreements to Negotiate in Good Faith 

    Are contractual clauses requiring parties to “negotiate in good faith” enforceable? This issue will be discussed with reference to relevant case law.

    Principles of Interpretation of Contracts 

    This session will discuss principles of interpretation of contracts in light of recent authorities. It will discuss which evidence is admissible, and which evidence is inadmissible, as an aid to construction.

    Contract Formation - Are We There Yet? 

    The crux of many Contractual disputes is whether in fact a contract was formed.

    This session will examine some tricky nuances and subtleties of contract formation that can become the subject of contractual disputes, with reference to recent relevant case law.

     

    3.0
    $395.00
  • Tuesday, 11 February 2020
    11 Feb 2020 9:00am - 11 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Significant practice and procedure changes in the Supreme
    Court in the last 12 months 

    Significant practice and procedure changes in the County
    Court and Magistrates’ Court in the last 12 months 

    Significant practice and procedure changes in the Federal
    Court in the last 12 months 

    Update on current practice and procedure in VCAT including
    recent changes 

     

    $395.00
  • Wednesday, 19 February 2020
    19 Feb 2020 9:00am - 19 Feb 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Tax Implications of Settlements 

    Reaching successful settlement can be soon followed by the awful realisation that tax implications for the client have not been factored into the agreement.

    What are the taxation considerations and implications that should be considered by practitioners when formulating settlements?

    This session will outline the essential issues to cover when advising clients in pre-settlement discussions and pre-judgment negotiations. 

    Managing Cyber Risk For Law Firms 

    Recent research has shown that in the last two years, cyber attacks have affected more than one in four Australian firms. Cyber hackers, scammers and criminals continue to create and evolve methods of infiltration and attack, and law firms and their data are prime targets for theft, breaches and hacking.

    While all firms need to be aware of, and train their staff about the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by them, the cost of such training seems to be viewed as too costly in the short term. Unfortunately, recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack and the seriousness of cyber risk can longer be ignored.

    This session will advise how to best prevent an attack on your client’s confidential, sensitive information and your law firm’s reputation and integrity. It will also address the impact that electronic tampering and invasion has on your professional liability.

    Be armed with the most up to date knowledge on how to best manage and mitigate risk in this rapidly evolving area.  

    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, i.e.- email, face to face meetings;
    • Building rapport and trust;
    • Developing empathy;
    • Obligations to communicate with your client pursuant to the Uniform Law; and
    • Recognising and avoiding legal liability for bullying and harassment when dealing with challenging colleagues and clients

    Keeping it real in 2020!

    Presented by: Angela Burr, Director, Accredited Family Law Specialist, Saunders Family & Estate Lawyers

     Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality ;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where is the boundary between a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The  classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    Presented by: David Bailey, Barrister, Victorian Bar

     

    4.0
    $450.00
  • Thursday, 20 February 2020
    20 Feb 2020 9:00am - 20 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Costs in Family Law Proceedings  

    This session will cover costs Applications and Orders and specifically address the following:

    • Section 117 of the Family Law Act 1975 and the exercise of discretion to order costs;
    • Offers of settlement;
    • Indemnity costs;
    • The decision in Sfakianakis; and
    • Comparison of Family Court and Federal Circuit Court re assessment of quantum

    Presented by: Bronia Tulloch, Barrister, Victorian Bar

    Drafting Affidavits in Family Law 

    Affidavits that are ill prepared, contain irrelevant information, evidence or commentary can derail your clients matter and annoy the court. There is sometimes a fine line that separates the good from the bad.

    Our presenter will take you through the important drafting essentials and nuances that can make all the difference to your client’s matter. 

    Case Guardians – Key Considerations  

    This session will discuss the use of Case Guardians in the Family Court and Federal Circuit Court. It will explore key issues concerning case guardians, including:

    • The different approaches taken by the courts; 
    • Factors that may affect the appointment of case guardians; and
    • Issues with accountability.

     

    3.0
    $395.00
  • Wednesday, 26 February 2020
    26 Feb 2020 9:00am - 26 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Nominations and Purchasers - Risks and Consequences 

    This session will delve into the sometimes complicated arrangements that surround a Nomination of Purchaser. By reference to recent cases including Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324, our presenter will outline the common challenges that can arise from the Purchaser, Nominee and Vendors perspective.

    Presented by: Rochelle Castro, Principal Lawyer, RC & Co Lawyers

    Section 9AC of the Sale of Land Act 1962 Lessons for Developers and Purchasers 

    This session will look at the effect of Section 9AC of the Sale of Land Act 1962 when there are amendments to a proposed plan of subdivision. By reference to recent cases our presenter will provide guidance on the implications to a developer and the purchaser when in breach of s 9AC of the Sale of Land Act 1962.

    Retail Leases Case Update 

    Recent cases have focussed on what constitutes a retail premises and how a Retail Lease can lose that status in certain circumstances.

    This session will outline the courts recent thinking on these critical issues.

    Presented by: David Dickens, Special Counsel, Hall & Wilcox

     

    3.0
    $395.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Five Outstanding One Hour Face to Face Sessions on 28 February 2020 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!

    Available by Online Purchase Only

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Friday 28 February 2020 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    Without Prejudice Communications and Legal Professional Privilege – Overused and Misunderstood?   

    Have you relied on naming a communication 'Without Prejudice' and then found out it’s not? Do you know the essential advice you should give your client to reduce risking Legal Professional Privilege? How is social media affecting these fundamental legal concepts? 

    This session will provide guidance on identifying when legal professional privilege applies and how it applies in practice and will cover:

    • The scope of legal professional privilege;
    • Applying the dominant purpose test;
    • Waiver of privilege;
    • Practical tips for maintaining privilege;
    • What communications are truly without privilege; and
    • What are the imposters.

    This session will also outline the risks faced in mismanaging these communications.

    Negotiating Settlements – The Risks of Ambiguity and the Cost of Resolving the Uncertainty 

    Recent cases highlight the risks and consequences when negotiating settlements without committing all relevant elements to writing, on the spot.

    The importance of clear written communication at the relevant moment in time is critical, and the cases demonstrate what can happen if the parties have differing views on how the matter has settled. They also illustrate in what circumstances the courts are willing to accept when agreements are enforceable, in the absence of a written Deed of Settlement.

    This session will provide guidance on strong drafting tips in settlement documents and verbal and written communication to ensure clarity, effectiveness and minimise risk of a settlement going

    astray.

    Presented by: Charlie Morshead, Barrister, Victorian Bar

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM FRIDAY 28 FEBRUARY)

    Redacting Documents – Errors, Risks and Consequences 

    Redacting electronic documents can be a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly. Potential breaches of court orders, client confidentiality, waiver of privilege and commercially sensitive material, all 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.

    Presented by: Dr Suzanne McNicol QCBarrister, Victorian Bar

    Costs Update 

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

    Don’t miss this important session to ensure that you are not caught out!

    Presented by: Penelope RobertsonPrincipal / Costs Lawyer, Ethical Costing & Legal Services

    Negotiating And Drafting Settlement Agreements And Releases 

    Practitioners are often instructed to make or consider offers of settlement, enter into settlement negotiations and draw settlement agreements and / or enforce their terms. It is imperative that practitioners have excellent drafting skills in order to accurately record settlement and minimise client risk.

    This seminar will cover:

    •     “without prejudice” offers and negotiations;
    •     forms of settlement offers;
    •     drafting terms of settlement and releases; and
    •     key risk areas.

    Presented by: Graydon Dowd, Partner, Hall & Wilcox

    VCAT – Powers, Practice & Procedure 

    This session is a must for all those who practice in the Victorian Civil and Administrative Tribunal jurisdiction!

    Tribunals such as VCAT have no inherent jurisdiction. VCAT has original and review jurisdiction only. Our presenter will give an overview of VCAT’s jurisdiction, structure and limitations and outline in which circumstances VCAT is the most appropriate jurisdiction to initiate proceedings.

    Finally, the degree of formality involved in proceedings before VCAT varies considerably.

    This session is designed to build confidence when preparing documents to be submitted to and appearing before VCAT and will outline the mistakes you need to avoid.

    Presented by: Suzanne KirtonSenior Member, Victorian Civil and Administrative Tribunal

    Misleading and Deceptive Conduct Update - Hear from a Barrister And Former General Manager, Consumer Affairs! 

    Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

    This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

    The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

    Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

    10.0
    $945.00
  • Friday, 28 February 2020
    28 Feb 2020 9:00am - 28 Feb 2020 2:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Friday, 28 February 2020. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

    Without Prejudice Communications and Legal Professional Privilege – Overused and Misunderstood?   

    Have you relied on naming a communication 'Without Prejudice' and then found out it’s not? Do you know the essential advice you should give your client to reduce risking Legal Professional Privilege? How is social media affecting these fundamental legal concepts? 

    This session will provide guidance on identifying when legal professional privilege applies and how it applies in practice and will cover:

    • The scope of legal professional privilege;
    • Applying the dominant purpose test;
    • Waiver of privilege;
    • Practical tips for maintaining privilege;
    • What communications are truly without privilege; and
    • What are the imposters.

    This session will also outline the risks faced in mismanaging these communications.

    Negotiating Settlements – The Risks of Ambiguity and the Cost of Resolving the Uncertainty 

    Recent cases highlight the risks and consequences when negotiating settlements without committing all relevant elements to writing, on the spot.

    The importance of clear written communication at the relevant moment in time is critical, and the cases demonstrate what can happen if the parties have differing views on how the matter has settled. They also illustrate in what circumstances the courts are willing to accept when agreements are enforceable, in the absence of a written Deed of Settlement.

    This session will provide guidance on strong drafting tips in settlement documents and verbal and written communication to ensure clarity, effectiveness and minimise risk of a settlement going astray.

    Presented by: Charlie Morshead, Barrister, Victorian Bar

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    5.0
    $550.00
  • March 2020

  • Wednesday, 4 March 2020
    4 Mar 2020 9:00am - 4 Mar 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Alert! Guardianship and Administration Act 2019 

     

    The Guardianship and Administration Act 2019 which commences on 1 March 2020 introduces changes affecting the basis upon which a Guardian can make decisions, and also the legal test around capacity. 

    This session will dissect the changes, and also look at the role of VCAT and the appointment of Guardians or Administrators as impacted by the new Act.

    Power of Attorney and Entitlement to Financial Records 

    What are the criteria for gaining access to financial records? What does the Tribunal take into account when making an Order in response to an Attorney seeking access to financial accounts or other records?

    This session will address these issues by reference to recent cases.

    When Gifts Go Missing - Ademption Exceptions 

    How do the courts deal with a claim that a bequeathed gift has been previously sold or has been already given away before death? What if an Attorney sells an asset prior to death, with or without knowledge of the contents of the will? Can a beneficiary make any claim for compensation in these circumstances?

    This session will outline the circumstances in which a claim may be made by reference to leading cases, and will outline how to cover these issues in Will drafting.

     

    3.0
    $395.00
  • Tuesday, 17 March 2020
    17 Mar 2020 9:00am - 17 Mar 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Mediation – How to Prepare When Your Client Has Not   

    The challenges of preparing for and attending mediation can be overwhelming when:

    • Your client is unprepared;
    • Your opponent is unprepared;
    • Despite your best attempts there is no clear strategy; and
    • Your client still expects settlement.

    This seminar will address how you can overcome these challenges and achieve the best outcome.

    This session will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

    Presented by: Eleanor Coates, Barrister, Victorian Bar

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    Presented by: Penny Van den Berg, Principal Lawyer, Mahlab Costing

    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

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.
    Don’t miss this informative and valuable session.

     

    4.0
    $450.00
  • Thursday, 19 March 2020
    19 Mar 2020 9:00am - 19 Mar 2020 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Earlybird Price: $695 (incl. GST) 

    Full Price: $725 (incl GST)

     

    Hot Topics – Hear from a Panel! 

    Hear from a panel of leading workplace relations lawyers, using high profile cases and examples, each discussing:

    • Wage Thefts and Underpayments – How did it come to this? 

    • Breaching the Employers Code of Conduct – Are we still in the dark following Israel Folau v Rugby Australia?

    New Whistleblower Regime – The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) 


    Any employer considered to be a ‘public company’ or ‘large proprietary company’ will be required to have a compliant whistleblower policy in place from 1 January 2020.


    This session will discuss:

    • How does is work;

    • What does it mean for your clients;

    • What needs to be drafted and are you compliant?;

    • Updating your policy;

    • What are the risks;

    • What the benefits.

    Don't miss this critical update!

     

    Presented by: Lucy Line, Barrister, Victorian Bar

    Legislative Update and Developments 2020 


    This session will address key legislative updates and how they affect your clients including:

    • Increases to the high-income threshold and compensation limits from 1 July 2019

    • Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

    • Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019

    • Fair Work Commission Amendment (Entry Permits and Other Measures) Rules 2019

    • Maternity Leave (Commonwealth Employees) Amendment (ASIC) Regulations 2019

    • Labour Hire Licensing Act 2018 (Vic)

    • Long Service Benefits Portability Act 2018 (Vic) for the Community services, Contract cleaning and Security Industries sectors

    • Fair Work Amendment (Casual Loading Offset) Regulations 2018

    • Changes to the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS) commencing December 2019 and into 2020

    • Commonwealth Workplace Protection Orders (proposed for Commonwealth employees)

    • New annualised salary award provisions to apply from 1 March 2020

    • Proposed new laws to cover instances of workplace bullying leading to suicide. 

    Ultimate Case Update including Fair Work Commission and significant Australian Cases 


    This session will provide you with a comprehensive overview and update of recent and significant employment law decisions and commentary up to March 2020. This session will bring you up to date in this constantly evolving practice area and is designed to guide your advice in 2020.

    • Mondelez v AMWU[2019] FCAFC 138

    • Joseph De Souza v Metro Trains Melbourne Pty Ltd [2019] FWC

    • Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC

    • Ross Wunungmurra v East Arnhem Regional Council [2019] FWC 

    • Tracey v BP Refinery (Kwinana) Pty Ltd [2019] FWC 

    • Thai v Email Ventilation Pty Ltd [2019] FWC 

    • Wallace v AFS Security 24/7 Pty Ltd [2019] FWC 

    • Steven Zirilli v StarTrack Express Pty Limited [2019] FWC 

    • Power v Health Service Executive and Kearney v Byrne Wallace,

    • Adamczak v Alsco Pty Ltd

    • Pezzimenti v Rotary International [2019] FCCA

    • One Dream Enterprises Pty Ltd v Simmonds & Ors [2019] VSC

    • Mr Matthew Boulton v Telstra Corporation Limited [2019] FWC

    Restraints of Trade in a Digital World – Details Do Matter   


    Drafting and enforcing Restraints of Trade that cover an Online Business or activity including overseas markets can be tricky, especially if a lawyer is not sufficiently familiar with the necessary technical terminology. 


    This session is designed to cover the essentials when drafting Restraints of Trade to cover Online/Digital Business activities and assets. 


    It will also address the risks involved in misunderstanding lack of the geographical boundaries applying to Digital Businesses. Particularly where enforcement may require the cooperation of another jurisdiction. Our presenter will refer to significant cases in this session. 

    Adverse Action and the ‘Workplace Right’  

    This session will examine the definition and interpretation of the ‘workplace right’ which continues to cause some confusion.  Our presenter will also discuss what an ‘instrumental’ right is, as well as complaints and inquiries, under section 341.

     

    6.0
    $695.00
    Early Bird Price Available - Save the date!
  • Friday, 27 March 2020
    27 Mar 2020 8:50am - 27 Mar 2020 3:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Book All 5 Seminars In One Day or Choose Individual Seminars to Suit Your CPD Needs!

    Agreement or Deed? Proceed with Caution 

    Seminar 1 - 9:00am - 10:00am

    How do you know which option is best when deciding to record an arrangement by Agreement or Deed? This session will cover topics including:

    • The legal implications of each option;
    • Advantages and disadvantages of each option;
    • The risks and consequences of making the wrong choice;
    • Recent significant cases.

    Ensure you know which way to proceed!

    Ethics In The Spotlight 

    Seminar 2 - 10:15am - 11:15am

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    Managing Cyber Risk For Law Firms 

    Seminar 3 - 11:30am - 12:30pm

    Recent research has shown that in the last two years, cyber attacks have affected more than one in four Australian firms. Cyber hackers, scammers and criminals continue to create and evolve methods of infiltration and attack, and law firms and their data are prime targets for theft, breaches and hacking.

    While all firms need to be aware of, and train their staff about the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by them, the cost of such training seems to be viewed as too costly in the short term. Unfortunately, recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack and the seriousness of cyber risk can longer be ignored.

    This session will advise how to best prevent an attack on your client’s confidential, sensitive information and your law firm’s reputation and integrity. It will also address the impact that electronic tampering and invasion has on your professional liability.

    Be armed with the most up to date knowledge on how to best manage and mitigate risk in this rapidly evolving area.

    Privacy and Sourcing Personal Information to Assist in Litigation 

    Seminar 4 - 12:45pm - 1:45pm

    Would you know how to respond if your client asked you to source personal or confidential information to assist in the course of litigation including settlement negotiation? Would you know how to respond if they sought to provide such information to you? Where is the line between acceptable litigation strategy and a breach of privacy which is or may be unlawful?

    This unique seminar will outline the sort of information which is regarded as acceptable use of personal information in litigation and negotiation and what would be regarded as a breach of privacy legislation and guidelines.

    Our presenter will outline the key issues including:

    • What information is regarded as personal information
    • What information is regarded as confidential information
    • What information may breach legislation
    • What is the impact on claims of unfairness or other ground for challenging settlements

    Directors Duties, Legal Advice and ASIC Investigations 

    Seminar 5 - 2:00pm - 3:00pm

    In light of the recent finding of the Banking Royal Commission, the duties and responsibilities imposed on company directors and officers have never been more stringent or exposed. The requirement for their legal advisers to be across current developments has also never been more important.


    This seminar will examine recent cases and developments, 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, the signs to watch for and questions to ask when advising clients in this area.


    The seminar 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 and are enforcing.


    The session will also outline ASIC’s plans to embed officials inside Australia’s biggest banks to monitor governance and compliance, plus the establishment of a taskforce to look into large listed companies including on-site surveillance and investigation.
    This is a seminar not to be missed!

     

    5.0
    $500.00