Thursday, 5 December 20195 Dec 2019 9:00am - 5 Dec 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 5 December 2019 + Five Individual One Hour CPD Webcast Seminars to view at your convenience. What a Package!
Early bird price available until Friday 1 November: $795 (incl. GST)
Full Price: $945 (incl. GST)
FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
Thursday 5 December 2019 – 9:00am - 2:30pm (includes morning tea and light lunch)
Unfair Contracts and Penalties- Get Ready for 2020!
Regulators are looking carefully at introducing further legislation and other measures to tighten up the laws around Unfair Contracts. In order to properly prepare you need to ensure that you are on top of all the developments. This comes on top of a year of significant developments so it’s essential to stay up to date, so you can be confident your advice will not pose a risk.
This session will provide an update on the significant developments and 2019 cases including a forecast of possible changes in the leadup to 2020 and beyond. With reference to significant cases this session will also cover topics including:
- When a fee constitutes a penalty;
- Drafting tips for ensuring that clauses are not deemed to be penalties; and
- Strategies for dealing with purported penalty clauses.
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.
Preparing Memorandums of Advice – Clarity, Clear Communication and Simplifying Your Advice
The ability to simplify complex concepts and give thorough advice is a key skill for all lawyers. This skill is also critical in all forms of legal drafting including contracts and affidavits.
Long complicated advice may 'cover' you, but be confusing for the client to understand and may prolong the process. Getting your point across and making it clear about the decision that you are seeking, will increase the chances that the client will make the right decision.
This session will outline the non-negotiables when it comes to clear communications and advice to the client.
Presented by: Bob Milstein, Lawyer, Plain Language Trainer and Document Writer, Words and Beyond
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
Ethical Behaviour and Lawyer X
Hear from one of the Solicitors Assisting the Royal Commission into the Management of Police Informants. She will discuss matters on the public record and provide a timely reminder of ethical and professional obligations generally.
Presented by: Alexandra Tighe, Partner, Holding Redlich
ONLINE WEBCASTS: (5 CPD POINTS)
(THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM THURSDAY 5 DECEMBER)
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 QC, Barrister, Victorian Bar
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 Robertson, Principal / Costs Lawyer, Ethical Costing & Legal Services
Agreement or Deed? Proceed with Caution
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!
Presented by Sarah Worsfield, Barrister, Victorian Bar
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.
Presented by Sam Kingston, Special Counsel, Maddocks
Drafting Affidavits - From Good to Excellent!
In this seminar, experienced Barrister, Maya Rozner, will use practical examples to highlight essential drafting techniques when preparing affidavits. This session will provide clear guidance on what to do and what not to do in order to prepare effective, admissible affidavits.
This session will also cover:
- The use of Affidavits in Court;
- Tips on how evidence is presented in affidavits including Hearsay; and
- Form, content and style.
A must for all practitioners who want to improve their drafting skills!
Presented by: Maya Rozner, Barrister, Victorian Bar
Available by Online Purchase Only10.0$795.00Early Bird Price Available - Expires 1 November 2019!
Friday, 28 February 202028 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$945.00