• October 2019

  • Tuesday, 22 October 2019
    22 Oct 2019 5:00pm - 22 Oct 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Get the latest updates on significant Decisions being handed down in this complex practice area. Decisions up to September 2019 will be covered. Be confident you are totally up to date! 

    Our presenter will cover recent cases including:

    • Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 
    • Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 
    • Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 
    • Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited  [2019] FCA

    Plus further cases decided up until September! The Ultimate Trademarks Case Update.

    Presented by: Campbell Thompson, Barrister, Victorian Bar
     

    1.0
    $99.00
  • Tuesday, 29 October 2019
    29 Oct 2019 5:00pm - 29 Oct 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar is designed to help you prepare for Personal Injury trials and deal with unexpected challenges. This seminar is a must for PI lawyers. 

    Topics covered include:

    • Essential preparation tasks;
    • Settlement negotiations to avoid trail
    • How to deal with problematic evidence that arises pre and mid trial;
    • Considering witnesses and discovery;
    • Liaising with insurers and experts
    • Helpful tips and tactics 

    Presented by: John Simpson, Barrister, Victorian Bar

    1.0
    $99.00
  • Thursday, 31 October 2019
    31 Oct 2019 1:00pm - 31 Oct 2019 2:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This seminar will cover  the more unusual types of claims and disputes that require specific knowledge and skill to navigate. Gain confidence and know you are aware of these options in your litigators toolkit. 

    • Fiduciary Obligations and Breaches

    Can you claim a breach of fiduciary obligations where the contract is essentially commercial in nature? Why could you bring such a claim? This session will address this issue in light of recent cases.

    Presented by: Julian Gillard, Senior Associate, Peer Legal

    1.0
    $145.00
  • November 2019

  • Wednesday, 13 November 2019
    13 Nov 2019 5:00pm - 13 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Making an application for default judgment when a defendant fails to defend the matter by the applicable time is prescribed by the relevant rules in Victoria. Issues arise when a plaintiff may choose to “Snap on’ a default judgment which may be considered by the courts as negative practice or acting in bad faith resulting in an adverse costs order when the judgment is set aside.


    This seminar provides a case update on the issue of “snapping on” default judgments and will discuss concerns the courts have regarding this approach.
    This session will also discuss:

    • The applicable principles and considerations you need to weigh up before applying for summary judgment; 
    • The test the courts apply when deciding to order summary judgement;
    • Instances where the courts have dismissed claims on the basis of a lack of evidence by the plaintiff.

    Presented by: Peter Clarke, Barrister, Victorian Bar

    1.0
    $145.00
  • Thursday, 14 November 2019
    14 Nov 2019 5:00pm - 14 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    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 Kirton, Senior Member, Victorian Civil and Administrative Tribunal

    1.0
    $145.00
  • Thursday, 28 November 2019
    28 Nov 2019 5:00pm - 28 Nov 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    The seminar will cover the main factors courts consider when deciding whether to grant an application for security for costs and recent cases including the recently handed down decision in United Commercial v PHHH [2019] VSCA 192.  It will also cover how the Civil Procedure Act 2010 (Vic) has changed security for costs applications.

    Presented by: Adam Baker, Barrister, Victorian Bar

    1.0
    $145.00
  • December 2019

  • Thursday, 5 December 2019
    5 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

    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

    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 Only

    10.0
    $795.00
    Early Bird Price Available - Expires 1 November 2019!
  • Tuesday, 10 December 2019
    10 Dec 2019 5:00pm - 10 Dec 2019 6:00pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    You often get only one shot at a successful injunction application. And limited time to put the application together. Badly worded or inadequate documents including affidavits in support, can result in refusal to grant the injunction. Getting clear instructions and supporting material are crucial. This seminar will outline the critical issues to cover and provide important tips and traps to be aware of when instructed to apply for an injunction.   

    Presented by: Maya Rozner, Barrister, Victorian Bar

    1.0
    $145.00
  • February 2020

  • 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

    $945.00