• 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!
  • 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!
  • Thursday, 28 March 2019
    28 Mar 2019 8:50am - 28 Mar 2019 4:15pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Book All 6 Seminars In One Day or Choose Individual Seminars to Suit Your CPD Needs!

    Civil Procedure Act 2010 Update – Latest Cases, Costs Orders and Breaches 

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

    Recent cases show that uncertainties or ignorance of the impact and requirements of the Civil Procedure Act 2010 (Vic) (‘the Act’) can result in strong criticism, costs penalties and even referrals to the Legal Services Commissioner. This ever-evolving area and ongoing interpretation of the Actrequires that practitioners be up to date with the requirements and risks associated with non-compliance.

    This session will address how far the Act is affecting the conduct of negotiations, procedure and litigation in Victoria as well as significant cases up to March 2019.

     

    Presented by: Brad Wright, Barrister, Victorian Bar

    Technology Risk Management – Protecting Your Clients and Organisation  

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

    Recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack. All organisations need to be aware of the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by organisations and staff. Cyber hackers, scammers and criminals continue to evolve methods of infiltration and attack. It is imperative to keep up with the latest technology and protection methods to thwart potential problems.

    This session will advise how to best prevent an attack on your client’s confidential, sensitive information and your organisation’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 evolving area.

     

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

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

    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: Katherine Brazenor, Barrister, Victorian Bar

    and

    Adam Baker, Barrister, Victorian Bar

    Ethics – Recent Case Update and Developments 

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

    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

    Contracts, Competition and Unconscionability in 2019 

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

    Since the Competition and Consumer Amendment (Competition Policy ReviewAct 2017 a number of changes have occurred. This session will provide an overview of changes brought about by the Act and a case update including unconscionability.

    Don’t miss this essential update in this key area.

     

    Information Governance, Document Retention, Defensible Deletion and Your Client's Legal Obligations 

    Seminar 6 - 3:15pm - 4:15pm

    This seminar will cover the following issues:

    • Information Governance – document retention, eDiscovery, data breach and defensible deletion – how it all fits together
    • Key legislation on document retention periods and document destruction
    • Privacy Act – when does it apply and what is de-identification?
    • Data breach – the risks and costs of keeping everything
    • How to identify and create a defensible document deletion plan

    Presented by: Maureen Duffy, LTS State Manager, Corrs Chambers Westgarth and Consultant at Telesto

     

    6.0
    $600.00