• February 2019

  • 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

    This program will be chaired by:

    James Macdonald, Principal, Piper Alderman

     

    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

     

    Presented by: Catherine Gale, Director, Resolve Conflict

    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!

    Presented by: Russell Moore, Barrister, Victorian Bar

    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!

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

    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

    This program will be chaired by:

    Ian Munt, Barrister, Victorian Bar  

    Default Notices and Termination of Commercial Leases  

    This session will outline common issues and risks and provide guidance on:

    • Section 146 notices – formalities and precedents;
    • Forfeiture and re-entry to the premises – formalities and precedents;
    • Rescission of a lease and formalities.

     

    Presented by: Peter Best, Barrister, Victorian Bar

    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.

    Presented by: Brihony Boan, Partner, Gadens

    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. 

    Presented by: Mark Bartley, Partner, HWL Ebsworth Lawyers

     

    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

     

    Migration Law Developments in 2019 – Are You Prepared?  

    This session will address recent and emerging legislative developments including:

    • The Migration Amendment (Family Violence and Other Measures) Act 2016 which established a sponsorship framework for the sponsored family visa program;
    • The signing of two special agreements by the Federal Government, the ‘Designated Area Migration Agreements with the Northern Territory and the Great Southern Coast of Victoria, offering a pathway to permanent residency to semi-skilled migrants with limited English (with the potential for further Agreements to be signed in the future);
    • The new South Australian Subclass 408 (Temporary Activity) visa, in respect of businesses, and with exceptions to financial and language requirements;
    • Update on holders of a Subclass 405 Investor Retirement visa or a Subclass 410 Retirement visa  who may be eligible to apply for one of the parent visa subclasses without needing to meet the balance of the family test from 17 November 2018.

    Our presenter will also address:

    • The uncertainty surrounding the annual national immigration intake;
    • The possibility of migrants being given opportunities to live and or work in regional and rural Australia prior to granting permanent residency and how that will impact your advice to your clients now and into the future; and
    • The proposed changes to the Citizenship laws and how the upcoming federal election may impact upon the key elements to the laws.

    Presented by: Lily Ong, Principal and Accredited Migration Law Specialist, Lily Ong Business Lawyers & Migration Consultants

    Employer Sponsored Visa’s, Fraud and Client Vulnerability 

    When a client applies for an employer-sponsored visa, they are often completely reliant on that employer for work whilst their visa application is processed. Given this power imbalance, it is not uncommon for instances of fraud, or even situations where an employer goes out of business, leaving the visa applicant in limbo through no fault of their own.

    With reference to recent cases, our presenter will outline what are the most common issues which are likely to arise for your client’s when arriving on an employer-sponsored visa, what avenues they may have, legal or otherwise, in instances such as fraud or the employer going out of business, and how to tackle the tricky issue of the clear power imbalance in these situations.

    Presented by: Lisa Lo Piccolo, Barrister, Victorian Bar

    Citizenship Refusals – Reasons, Excuses and Your Advice 

    In 2016 – 2017, over 4,000 migrants were refused Australian citizenship. The reasons for these refusals ranged from a significant delay in returning to Australia after making an initial Application (despite meeting all the requirements for citizenship), failure to disclose a conviction for a stolen pair of shoes and possession of a credit card that was suspected to be stolen, whilst another application was refused on the basis of multiple traffic infringements.

    This session will address both the common, and not so common, reasons for refusal for citizenship, and allow you to be on the front foot heading into 2019 and beyond, when advising your client about their citizenship Applications.

    Presented by: Maria Jockel, Legal Principal and Accredited Migration Law Specialist, BDO Migration Services 
     

     

    3.0
    $365.00
  • Thursday, 7 March 2019
    7 Mar 2019 9:00am - 7 Mar 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    This program will be chaired by:

    Alastiar Oxbrough, Consultant, HFW

    Faulty Towers – Navigating Through the Ruins 

    Our presenters discuss the issues and questions recently emerging in relation to Opal Tower Saga and Combustible Cladding cases.

    The implications arising from these incidents are uncertain, complex and wide ranging. It can be confusing to navigate through the multiple interconnecting legal and practical issues and how best to advise your clients.

    This session will provide insights in an informal discussion to assist you to address this tricky area.

     

    Presented by:

    Dr. Donald CharrettBarrister, Arbitrator & Mediator, Victorian Bar;

    Josh Marchant, Partner, Thomson Geer; and

    Andrew Laird, Barrister, Victorian Bar

    Building and Construction Update – Security of Payments 

    This session will address recent developments in the security of payments regime, including recent High Court decisions and relevant cases up to March 2019, on the scope of judicial review, issues arising with reference dates, and the conflict between Victoria and NSW on the applicability of the security of payments regime to insolvent contractors.

    The session will also examine the recent Murray report and its implications for security of payments nationally.

    Presented by: Kylie Weston-Scheuber, Barrister, Victorian Bar

    Drafting Contracts in Light of Opal Tower and Other Recent Developments 

    This session will provide guidance on the contingencies that should now be considered when drafting building and construction contracts and advising clients in related contracts.

    Presented by: Bill Papastergiadis, Managing Partner, Moray and Agnew Lawyers

    Building Regulations and Disputes - Legislation, Developments and Case Update 

    This seminar will clarify the current state of play One Year On from the introduction of legislation including: 

    • Building Legislation Amendment (Consumer Protection) Act 2016;
    • the Building Amendment (Enforcement and Other Measures) Act 2017,
    • Building Interim Regulations 2017,
    • pending finalisation of the Building Regulations 2017.

    The seminar will also cover:

    • The changes brought about by the legislation;
    • The role of the Domestic Building Dispute Resolution Victoria Authority; and
    • VCAT Building List case update.

    Significant cases up until January 2019 will also be covered.

     

    Presented by: Daniel EpsteinBarrister, Victorian Bar

     

    4.0
    $395.00
  • 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 March 2019

    Full Price: $695 (incl. GST)

     

    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.

    Presented by: Gregory Buchhorn, Barrister, Victorian Bar

    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.

    Presented by: Samuel Burt, Barrister, Victorian Bar

    and

    Nick ModrzewskiBarrister, Victorian Bar

    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.

    Presented by: Rosalind Avis, Barrister, Victorian Bar

    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.

    Presented by: Marita Altman, Partner, Accredited Criminal Law Specialist, Lethbridges Barristers and Solicitors

    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.

    Presented by: Emma Turnbull, Director and Managing Partner, Accredited Criminal Law Specialist, Emma Turnbull Lawyers

    Criminal Trials – High Level Preparation and Tactics 

    This session will outline key tactics including subtle nuances to enable you to more effectively prepare for criminal trials.

    Topics covered will include:

    • Essential preparation tasks;
    • Tactical advantages and subtle nuances that can make the difference;
    • How to deal with problematic evidence;
    • Considering witnesses and effective cross examination;
    • Pleas and committals;
    • Liaising with police and prosecutors; and
    • Helpful tips and tactics for successful trials.
       

    Presented by: Joshua Taaffe, Partner and Trial Counsel,  Accredited Criminal Law Specialist, Doogue and George Defence Lawyers

    and

    Dr Michael FitzGerald, In-House Counsel, Doogue and George Defence Lawyers

     

    6.0
    $665.00
    Early Bird Price Available - Expires 1 March 2019!
  • Wednesday, 13 March 2019
    13 Mar 2019 9:00am - 13 Mar 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Costs Agreements, Disclosure and Recovery of Fees – Case Update   

    Poorly worded costs agreements and failure to make proper or updated disclosure can impact your ability to recover fees and result in disciplinary action.

    This seminar will provide you with an update on significant cases related to legal costs and provide guidance on their practical application. This session will also examine cases involving failure to comply with Disclosure and other professional obligations and the impact on recovery of professional fees.

    Don’t miss this important session to maximise your fee recovery!

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

    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.

    Enforcing Orders & Judgments in Victoria – Show Me the Money!

    Got a great Case but is it worth pursuing? Won the Case but can’t get the money? This seminar provides an overview of the options available for enforcing your client’s orders and judgments in Victoria.  This session looks at the principal methods of recovery and enforcement in the major jurisdictions including Magistrates, County, Supreme and Federal Courts.  

    The program includes:

    • Enforcing Orders and Judgments
    • Oral examination of debtor
    • Warrants
    • Attachments of earnings and attachment of debts
    • Charging and stop orders over securities and funds in court
    • Bankruptcy and winding up

     

    Presented by: Jordan SchulzBarrister, Victorian Bar

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

    Recent significant cases highlight the risks (and consequences) of negotiating settlements without clearly 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 demonstrates what can happen if the parties have differing views on how the matter has settled.

    This session will provide guidance on how best to approach verbal and written communication at the time of settlement to ensure clarity and effectiveness, and to minimise risk of a settlement going astray.

     

    Presented by: Katherine Brazenor, Barrister, Victorian Bar

    and

    Adam Baker, Barrister, Victorian Bar

    $450.00
  • 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

     

    Earlybird Price: $435.00 (incl. GST) expires Friday 1 March 2019

    Full Price: $475 (incl. GST)

     

    Managing the Tender Process 

    In-house counsel are often called upon to manage tender processes. Although not entirely a legal function, the legal team is often considered to be the best equipped to deal with both calls for tenders and tender applications. This requires a broad commercial focus and an ability to manage all aspects of the processes, from advertising to stakeholder liaison.

    This session will explore the key risk areas and will provide guidance on how best to manage the processes. It will also examine the common traps that in-house counsel should be aware of when drafting tender documents.

    Presented by: Sally Rogers, Lawyer, Sally Rogers Legal Services

    Online Contracts and Technology - Take Control 

    It is no secret that legal technologies are emerging at a rapid rate and lawyers need to remain front and centre of relevant technology, as each advance brings both risks and benefits to the profession and roles within organisations.

    Take control and gain new confidence that you are equipped with the knowledge and skills in this evolving area and pass the benefits on to your client.

    This session will discuss the risks and benefits specific to in-house counsel that new technologies can provide, including:

    • Electronic Signatures;
    • Online Contracts;
    • Cyber security, including data breaches and cyber attacks
    • And more!

    The Scope of the In-house Role - What Does Your Client Demand of you in 2019? 

    Businesses and organisations are becoming more complex, and operate within competitive markets. And if an organisation makes a mistake which is then picked up by social media (going ‘viral’) reputational damage can be devastating.

    In addition to legal knowledge and skills, in-house counsel are increasingly expected to be proficient in a wide range of areas including IT, HR, Financial Analysis, IP, E-Contracts, Negotiating, Influencing Corporate Culture and Crisis Management. Relationships between in house counsel and the board are crucial to being able to understand, manage and deliver the clients expectations.

    This session will provide guidance on how to communicate with and influence the board so that you can deliver the best legal services possible.

    This session will also outline the evolving role of in-house counsel, how to meet your client demands and whether the client’s expectations are reasonable.

    Presented by: Michael Neilson, General Counsel and Company Secretary, Slater & Gordon

    Ethical Responsibility - When Should You Be Worried? 

    What is the current state of play regarding in-house counsel's responsibility regarding possible knowledge of the company’s financial position? What are the warning signs that in-house counsel needs to be alert to when considering the company’s financial stability and is it your business to know? This session will cover to what extent in-house counsel is responsible if a company finds itself in financial trouble and provide practical guidance on your responsibilities when you have reason to believe a company is being financially irresponsible.   

    Ethical influence and Responsibility - Post Royal Commission

    There is little doubt that the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has rocked the industry and shocked those watching from the sidelines. As it draws to its conclusion, what are the lessons already learned about in-house counsel’s responsibilities when advising their client and engaging external lawyers in circumstances where there may be questionable motives or intentions on their client’s behalf.

    Presented by: Peter Caillard, Barrister, Victorian Bar

     

    4.0
    $435.00
    Early Bird Price Available - Expires 1 March 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 Wednesday 6 March 2019

    Full Price: $695 (incl. GST)

     

    This conference will be chaired by:

    Jessica Toop, Principal, Toop Workplace Law

    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 

    Presented by: Daniel Trindade, Partner, Clayton Utz

    and

    Stephen Silvapulle, Senior Associate, Clayton Utz

    When Policies and Culture Collide 

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

     

    Presented by: Josh Bornstein, National Head of Employment Law, Doyle's Guide Melbourne Preeminent Employment Lawyer 2018,  Maurice Blackburn Lawyers 

    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.   

    Presented by: Kamal Farouque, Principal Lawyer, Doyle’s Guide Melbourne Preeminent Employment Lawyer 2016, Maurice Blackburn Lawyers

    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, Doyle’s Guide Victoria Recommended Employment Lawyer 2017, Rigby Cooke

    and

    Victoria Comino, Senior Associate, Rigby Cooke.

    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.

    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.

    Presented by: Mark Diserio, Partner, Doyle’s Guide Australia Recommended Workplace Health & Safety Lawyer 2018, Lander & Rogers 

    and

    Bridget Shelton, Lawyer, Lander & Rogers

    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.

    Presented by: Stephen Curtain, Principal, Aitken Partners

     

    6.0
    $665.00
    Early Bird Price Available - Expires 6 March 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

    This program will be chaired by:

    Georgina Grigoriou, Barrister, Victorian Bar 

    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?

    Presented by: James Daly, Special Counsel and Accredited Wills & Estates Specialist, McKean Park Lawyers

    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

    Presented by: John Toohey, Consultant Lawyer, Accredited Specialist — Wills and Estates, Pearce Webster Dugdales

     

    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!

    Available by Online Purchase Only

    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

    Presented by: Daryl Williams QC, Barrister, Victorian Bar

    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.

    Presented by: Dean Luxton, Barrister, Victorian Bar

    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.

    Presented by: Peter Moran, Principal and Accredited Business Law Specialist, Peer Legal

    and

    Katerina Pshenichner, Senior Associate, Peer Legal

     

    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

    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.

    Presented by: Christine Willshire, Barrister, Victorian Bar

     

    +

     

    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 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Implied Duty of Co-operation - How Far Does It Go? 

    Whilst it is accepted that, along with an implied duty of good faith, all contracts impose a duty of co-operation on the parties, traditionally there has been little guidance on just how far that duty goes.

    This session will provide an update on the current state of play, including a case update on the implied duty to co-operate and what it means for practitioners drafting and interpreting contracts.

    Dealing With Default - Options for Addressing Non-Performance 

    When a contractual arrangement goes wrong as a result of one party's failure to properly perform its obligations, the initial response of many clients - and legal practitioners - is to threaten and / or commence an action for damages. This course of action is costly and time-consuming and usually results in the end of the working relationship between the parties.

    With a range of additional or alternative remedies often available however, it is worth considering the other options that may exist for dealing with inadequate performance.

    This session will look at some of those alternative options, such as step-in rights, the use of guarantees and the right to stop or withhold payments, both at the contract drafting stage and also when a problem arises under an existing contract.  

    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.

    Presented by: Gregg McConnell, Partner, Lander & Rogers

     

    3.0
    $365.00
  • 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 Act requires 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: Dan Coombes, 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.

    Presented by: Dudley Kneller, Partner, Madgwicks Lawyers

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

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

    Recent significant cases highlight the risks (and consequences) of negotiating settlements without clearly 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 demonstrates what can happen if the parties have differing views on how the matter has settled.

    This session will provide guidance on how best to approach verbal and written communication at the time of settlement to ensure clarity and effectiveness, and to 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.

    Presented by: Dylan McIntyre, Senior Associate, Herbert Smith Freehills

    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