• August 2019

  • Thursday, 1 August 2019
    1 Aug 2019 9:00am - 1 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program will chaired by:

    Max Cameron, Partner, MinterEllison

    Lease Incentives – What can go wrong? 

    Lease incentives are more commonly being offered in both retail and commercial lease negotiations to entice tenants to enter into the lease in an ever-competitive market. This session will discuss the implications of a lease incentive and the traps that both landlords and tenants need to be aware of, and will include:

    • Tax Implications;
    • Rent Free Periods;
    • Can the lease be assigned under the incentive;
    • Deed/Disclosure of Incentive;
    • Repayable incentives;
    • Contribution towards fit out and ownership;
    • Default provisions under the incentive;
    • Clawback provisions;
    • Case update and lessons learnt in this area.

    Presented by: Samantha Taylor, Special Counsel, Russell Kennedy Lawyers

    Disputes in Commercial and Retail Leases – Avoiding common errors in leasing litigation 

    This session will discuss the common errors made by practitioners in leasing litigation when either acting for the landlord or tenant. This session will provide guidance on the important issues which must be considered when commencing and during the litigation process including:

    • Jurisdictional issues;
    • Failure to apply termination provisions correctly;
    • Failure to advise on long term lease obligations;
    • Issues found in Breach Notices;
    • Advising on costs implications – Retail or Commercial Lease.

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

    Eviction Notice! Terminating the Commercial Lease 

    The Commercial Lease is often understood by the Courts and VCAT to be long term binding contract between the landlord and commercial tenant. The rules governing Commercial Leases are complex and landlords must follow the mandatory steps in order to gain lawful possession. Otherwise action can backfire on the landlord. Your advice to tenant or landlord needs to be ‘spot on’ when advising in relation to a possible breach and termination actions.

    This session will discuss the process when evicting a commercial tenant including:

    • The entitlement to evict and whether there was a breach;
    • Termination by notice or a right to re-entry;
    • Dealing with wrongful eviction by the landlord;
    • Commencing proceedings for re-entry;
    • Damages;
    • The risk of a set-off claim.

    Our presenter will also address some of the subtle complexities that can derail an attempt to evict.

    Presented by: Philip Barton, Barrister, Victorian Bar

    GST considerations in Commercial and Retail Leasing 

    This session will discuss the GST consideration and implications faced in retail and commercial leases and will highlight what you need to know to advise your client correctly! This session will include:

    • Getting GST clauses right;
    • Rate of GST to be charged;
    • GST and Lease Incentives;
    • Supplying leased property;
    • When and where is GST applicable.

    Presented by: Peter Fox QC, Barrister, Victorian Bar

    FOR LEASE! What’s the latest in leasing – 2019 

    This session will address recent and emerging legislative developments and case updates including:

    Case Report:

    • Grounds for terminating a lease? - Red Pepper Property Group Pty Ltd v S 3 South Melb Pty Ltd (2019) VSC 41;
    • Drafting Errors: Perpetual Ltd v Myer Pty Ltd [2019] VSCA 98
    • Tripple A Case – Recent decision of the Queensland Court of Appeal – Tripple A Pty Ltd v WIN Television Queensland Pty Ltd (2018) QCA 246.

    Updates:

    • Commercial Building Disclosure Program – Federal Government Independent Review;
    • Short term letting and Owner’s Corporation update.

    Presented by: Jane Baddeley, Partner, Hall & Wilcox

     

    4.0
    $450.00
  • Wednesday, 7 August 2019
    7 Aug 2019 9:00am - 7 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This event is chaired by:

    Maryann Gassert, Barrister, Victorian Bar

    and

    Bruce Moore, General Counsel, Australian Red Cross

    ASIC Action 2019   

    Federal Court Action Against Former Directors:

    ASIC has issued proceedings in the Federal Court against former Directors of Tennis Australia alleging that they:

    • withheld material information from the Tennis Australia board and breached other duties.

    This case is said to have important implications including:

    • Directors duty to not withhold relevant information from the board
    • Board responsibilities in commercial negotiations and regarding commercial opportunities
    • Board members conflicts of interest and special preferences

    This session will provide an overview of the key lessons to take away from this case  so far so that you can tailor your advice as required from this early stage.

     

    ASIC Action over Failure to Produce Documents:

    In proceedings commenced n the Federal Court, ASIC sought an order against AMP compelling them to produce various documents.

    This session will outline those proceedings and will highlight the implications for in house counsel, their external lawyers and their client.

    Presented by: Justin Brereton, Barrister, Victorian Bar

    The Hayne Report – Culture, Expectation, Caught in The Middle 

    A significant takeaway from the fallout of the Hayne Report is the pressure on in-house counsel to navigate a client’s expectation that client documents  submitted to third parties may be ‘crafted’ in such a  way that is borderline unethical and misleading. What is acceptable and what crosses the line from ‘creative writing’ to a misleading statement? You can't afford to get this wrong.

    Presented by: Matthew Critchley, Partner, Corrs Chambers Westgarth

    Learn to Say No And Still Retain The Board’s Confidence 

    Influencing and building trust between the in-house counsel, the CEO, the board and staff depends on the ability of the in-house counsel being confident, calm and approachable. These skills are important in showing them that whilst you 'have their back' you will also need at times to be firm and direct in your advice, even if it results in strong objection or at worst, obstruction. The CEO, board and the staff will more readily accept advice they don't want to hear if they respect the in-house counsel giving that advice.

    This session will outline the essential ways to increase your confidence and build healthy relationships and the ability to effectively influence the CEO, board and staff.

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

    Agreeing to Agree – When Letters 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: Alex Bannister, Special Counsel, Lander & Rogers 

    Preparing Memorandums of Advice to the Board - Clarity, Clear Communication and Simplifying your Advice  

    Being able to simplify complex concepts and giving succinct yet full advice are communication and drafting skills that are requisite for all in-house counsel. Long complicated advice may 'cover' you but be confusing for the client to understand and may prolong the process. Getting the point across and making it clear about the decision that you are seeking, will increase the chances that the client will make the decision you need.

    This session will outline the non-negotiables when it comes to clear communications and advice to the CEO and the board.

    Presented by: Bob Milstein, Lawyer, Plain Language Trainer and Document Writer, Words and Beyond

    How Vulnerable Are Your Staff – Cyber Threats and Security 

    It's easy to be fooled by cyber criminals. Cyber criminals are better than ever at targeting businesses and are always a step ahead. Psychological tools and manipulation are now being used to gain access to confidential information.  As you increase your technology protections how can you be confident that it's going to make a difference?  Your staff are prime targets for cyber criminals to groom and then infiltrate your organisation, and staff are often unaware they have been used to gain access to systems and confidential information, until it’s too late.

    This session will outline how your staff and organisation may be targeted and how to put simple yet effective training and protections in place to block common vulnerable entry points.

    Presented by: Craig Macaulay, Executive Director, KordaMentha 

    Technology, Processes, Change – Getting ‘Buy In’ 

    How do you get your team and the boards agreement on the choice and implementation of technology? How do you identify the need, the technology and explain the benefits in a way that is simple to understand? What does an advice to the board need to include and cover, in order to get sign off? And how do you get your team to agree to the implementation of technology that will improve efficiency but may also reduce the size of the legal team or support team?

    This session will outline the technology issues that are essential for every in-house counsel to understand, and how to overcome the challenges that flow in terms of board and team 'buy in'.

    Presented by: Cil van der Merwe, Senior Legal Counsel and Director, Plexus

     

    6.0
    $695.00
    Filling Fast!
  • Thursday, 15 August 2019
    15 Aug 2019 9:00am - 15 Aug 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This program will be chaired by:

    Bruce Geddes QC, Barrister, Victorian Bar

    and

    Rose Lockie, Partner, Gadens

    Family Law Legislation Updates and New Developments for 2019 

    This session will address recent and emerging legislative developments and updates including:

    • Family Law Amendment (Family Violence and Cross examination of Parties) Act 2018;
    • The Children Legislation Amendment (Information Sharing) Act 2018 (Vic);
    • Fee contributions and changes to the cost of an Independent Children’s Lawyer
    • The Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018;
    • Key updates including extensions to the Family Law Amendments (2018 Measures No1) Rules 2018.
    • Family Violence Plan released by the Family Court and Federal Circuit Court of Australia; and
    • Amendments to the Restraining Order Legislation.

    Presented by: Annelis Bos, Partner, Leading Parenting & Children’s Matters Lawyer in Victoria, Doyle’s Guide 2019, Coote Family Lawyers

    Family Law Reform and Restructure - Next Steps and Impact on Practitioners and Clients 

    Hear from a leading Family Law Practitioner on the ongoing challenges arising from the proposed restructure of the Family Law system.

    The Australian Law Reform Commission Review’s Final Report, Family Law for the Future – An inquiry into the Family Law System was released in March 2019.

    How many of the final 60 recommendations within the report are likely to be adopted and if so, when? What impact would these changes have on you and your clients?

    Presented by: Keturah Sageman, Partner and Accredited Family Law Specialist, Nicholes Family Law

    Family Law Judgements - Case Update 2019 

    This session will provide a review of recent, significant cases and trends up to August 2019 from the Family Court of Australia and the Federal Circuit Court.

    This case update will include:

    Property Matters                         

    • Scott & Scott [2019] FamCAFC 9
    • Bullow & Bullow [2019] FamCAFC 3
    • Sully & Sully [2018] FamCA 786
    • Tamaris & Tamaris [2018] FCCA 3696

    Taxation related matters

    • Commissioner of Taxation for the Commonwealth of Australia v Tomaras [2018] HCA 62

                Sperm donor related matters

    • GLS v Russell-Weisz and Ors [2018] WASC 79
    • Re Cresswell [2018] QSC 142
    • ‘Masson’ and ‘Parsons’ [2019] HCA

                Children’s Matters

    • Cao & Cao [2019] FamCAFC 252
    • Ardagh (No.2) [2018] FamCAFC 160

    Presented by: Damian Harriss, Partner, Accredited Family Law Specialist, Mills Oakley

     Relocation Case Applications  

    The Family Law Act 1975 (Cth) does not contain specific provisions which deal specially with relocation. Cases dealing with the proposed relocation of children are difficult to deal with, as there are numerous factors taken into account by the court when deciding what is in the best interest of the child. These cases are also often difficult to settle.

    By reference to recent cases, our presenter will outline the essential steps and information to include when:

    • Preparing  Relocation Application documents
    • Considering evidence and managing client expectations
    • Entering negotiations
    • Running the case
    • Settlement tactics

    Presented by: Emma Swart, Barrister, Victorian Bar

    Extended Family Impact On Financial Contributions and Children’s Care Arrangements 

    This session will look at the impact of the extended family dynamic as it relates to the issue of financial contributions from family members to a party in family law matters. How are the contributions treated by the court and what are the common types of contributions claimed by parties in dispute.

    The session will also address the issues that can arise when a parent is actually being supported by family members in providing parental care, instead of the parent taking responsibility and doing it themselves. How do you deal with issues of evidence and determining at what point that parent is not actually providing the parental responsibility.

    Self-Service Evidence Gathering 

    Recording conversations:

    What advice should you give when your client seeks your advice on whether they can record private conversations to use as evidence or as a pressure tactic? Jurisdictional legislative differences can also impact when a conversation is recorded in one state or territory, to be used in another state or territory.

     

    Surveillance:

    What would you advise your client if they asked whether they could use a surveillance device to track an ex-partner? Or if they believe they are being monitored? What are the legal parameters around the use of surveillance devices by parties seeking to obtain evidence to their advantage?  

    Presented by: Barry Berger, Partner, Accredited Family Law Specialist, Berger Kordos Lawyers

    Ethical Considerations for Family Lawyers  

    This session will provide insights and guidance for best practice, both for the client and for the practitioner. As Family Law legislation develops and changes, Family Law clients continue to be distressed, the caseload continues to be demanding, and complaints can arise. As a Family Law practitioner, it is essential to implement effective policies, build resilience and maintain wellbeing across our workplaces.

    • What does a successful outcome for all parties look like?
    • Practical guidance on how to reduce the risk of a complaint
    • Developing a personalised and proactive approach to managing vicarious traumatisation and build resilience
    • Think innovation!

    Presented by: Victorian Legal Services Board + Commissioner

    6.0
    $695.00
    Filling Fast!
  • Tuesday, 27 August 2019
    27 Aug 2019 9:00am - 27 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    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.

    Agreeing to Agree - When Letters 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 seminar 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.

    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.

     

    Presented by:

    Emma Poole, Barrister, Victorian Bar, and

    Anna J O'Callaghan, Barrister, Victorian Bar.

     

    4.0
    $490.00
  • Wednesday, 28 August 2019
    28 Aug 2019 9:00am - 28 Aug 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Case Update 

    This session will cover cases up to August 2019, covering issues including:

    • Unfair Dismissal, including Conflict of Interest;
    • Workplace Investigations;
    • Racial Discrimination and Underpayment; 
    • Bullying and Mental Health;
    • Job related trauma.

    Presented by: Catherine Symons, Barrister, Victorian Bar

    Freedom of Speech And The Employment Contract - The Intersection 

    Recent high profile cases illustrate the growing confusion around an employee's ‘right’ to freedom of speech.  Issues including personal, religious or political views that may target or offend particular groups, or reflect in an adverse way on their employer.

    Public forums such as Instagram, Twitter and Facebook are potential breeding grounds for the line to be blurred between what is acceptable and what crosses the line.

    Using three hypothetical case studies, our panel will outline their views and challenge various viewpoints and perceptions. A unique opportunity to watch and be a part of.

    Presented by:

    Kamal Farouque, Principal, Maurice Blackburn Lawyers

    Rob Jackson, Partner, Rigby Cooke Lawyers

    Sean Selleck, Partner, Baker McKenzie

    Workplace Investigations – Advising Clients Facing a Workplace Investigation Plus Case Update 

    Allegations of workplace misbehaviour are increasingly common and clients facing those allegations require high level advice in stressful, complex and urgent situations. What advice should you give, and steps should you take when advising:

    • Clients who have just been notified of a workplace complaint / investigation;
    • Clients who seek advice after the investigation has commenced;
    • Clients who seek advice after the investigation has concluded

    This session by reference to significant cases and examples, will provide guidance on the obligations on an employer when conducting workplace investigations and the grounds for the employee to object or dispute the terms of an investigation. It will also address the non-negotiables when advising a client in these situations.

    Presented by:

    Philip Brewin, Director and Accredited Workplace Relations Specialist, Nevett Ford Lawyers;

    and

    Melita Demirova, Group Manager – Industrial Relations, Linfox Armaguard Group

    Tracking and ‘Sign In’ Requirements - Privacy and Consent 

    The technological options for tracking staff including ‘sign in and sign out’ are varied and may require an employee divulging ‘sensitive’ information. This can also occur without the employee’s knowledge or consent.

    This session will outline recent developments surrounding cases dealing with what is and is not permissible in tracking and monitoring employees. This session will also address the ramifications of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946

    Presented by: Charles Power, Partner, Accredited Specialist Workplace Relations, Holding Redlich

     

    4.0
    $490.00
  • September 2019

  • Thursday, 5 September 2019
    5 Sep 2019 9:00am - 5 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 26 July: $695 (incl. GST)

    Full Price: $750 (incl. GST)

     

    Your Ultimate 2019 Case Update 

    Are you sure you are on top of all the latest building and construction cases? This session will review recent significant cases in building and construction related litigation, highlighting key lessons and risk areas. Cases to September 2019 will be covered. This session is The Ultimate Case Update!  

    Issues include:

    • Defects and Incomplete Works;

    • Limitations of Actions;

    • Liability of Construction ‘Professionals’;

    • Scope of Works.

    Drafting Mini-Masterclass  

    This session will tackle head on the essential tips and traps in various important agreements.

    • Navigating through the Construction Contract - What to look out for and what to avoid including reference to express representations and also the relationship to Australian Consumer Law

    • Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off the Plan Contracts and advising clients in related contracts.

    This session will provide an overview of the most important factors you must ensure are covered in these documents.

    National Construction Code (NCC) of Australia 

    The NCC was adopted on 1 May 2019 and introduces significant changes. The NCC is administered by the relevant States and Territories (in Victoria under the Building Act 1993) and broadly covers the following:

    • NCC Volume One applies to multi-residential, commercial, industrial and public buildings and structures.
    • NCC Volume Two applies to residential and non-habitable buildings and structures.
    • NCC Volume Three applies to plumbing and drainage for all classes of buildings.

    This session will discuss the above changes including:

    • Performance Based Compliance Options;
    • Acceptable Construction Practices (ACP).

    Construction Contracts Management  

    A construction project often requires multiple contracts to be drafted involving builder, IT Contractor, AV Contractor and others.  Synchronising these multiple contracts is essential for the project to run smoothly. 

    This session will look at a ‘typical’ construction project scenario and outline the common multiple contracts that may be involved and provide helpful guidance on managing this complex process.

    Performance Securities - Options and Risks 

    The issue of which Performance Security to choose when drafting building and construction contracts can be critical when things go wrong. This session will demystify this often complex area and provide guidance on the options and risks associated with those options. This session will discuss and compare options including:

    • Banks Guarantees

    • Insurance Bonds

    • PPSR Securities

    • Cash Retention

    • Letter of Comfort

    • Mortgage

    • Longer Payment Terms and Offsetting Provisions

    • Separate Bank Account

    • Related Party Guarantee

    ALERT! The Sale of Land Amendment Act 2019 and Sunset Clauses – A New Dawn Breaks for Purchasers 

    The Sale of Land Amendment Bill 2019 was passed on 28 May 2019 and introduced key changes to sunset clauses and off the plan developments which is to have retrospective effect to 23 August 2018.

    This session will discuss the Sale of Land Amendment Act 2019 and will focus on new provisions ss10A to 10F that the Act will insert into the Sale of Land Act 1962. These provisions will impose significant impacts on vendors, their current developments and future investments.

    Presented by: Louise Hicks, Barrister, Victorian Bar

    Insurance - Managing Construction Risk 

    What are the risks to your client if you fall short of giving the proper advice regarding the usual and perhaps more unusual insurance cover applicable to your client’s project? Insurance issues include policy coverage, terms and conditions, exclusions, defective work and design, indemnity and subrogation, project coverage and gaps.

    This session will provide an overview of the insurance related risks including subtleties and nuances that building and construction lawyers need to know and how to best protect their clients’ interests.

    Presented by: Alexandra Golding, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 26 July 2019!
  • Wednesday, 11 September 2019
    11 Sep 2019 9:00am - 11 Sep 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 2 August: $695 (incl. GST)

    Full Price: $750 (incl. GST)

    This program will be chaired by:

    Jane Fiske, Partner, Lander & Rogers

    Your Essential 2019 Case Update 

    The very essence of medico-legal practice is that something has or at least has appeared, to have gone wrong. Either a patient is making a negligence claim, or a medical professional is aggrieved by a decision made against them. Given the subtle nuances that can impact a claim succeeding or failing, all practitioners working in this complex area need to be on top of the latest cases.

    This session will cover the latest medico-legal cases up to September 2019 including:

    • Medical negligence claims against surgeons / GP’s;
    • Medical negligence claims against Psychiatrists and Psychologists;
    • Medical negligence claims against Dentists;
    • Appeal decisions by medical professionals and the ‘irrational’ exception to Competent Professional Practice.

    Legislative Updates and Developments 2019 

    In light of numerous recent developments in the medico-legal legislative space, the risks of overlooking the impact of a change are greater than ever.

    This session will provide an in-depth overview of the latest developments, including:

    • Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 (relating to Mandatory Reporting Thresholds for doctors);
    • Voluntary Assisted Dying Act 2017 (coming into effect 19 June 2019);
    • Medical Treatment Planning and Decisions Act 2016 (commenced 12 March 2018);
    • Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018.

    New laws can bring new risks for you and your clients and this is a session not to be missed.

    Expert Witnesses and Evidence in Court – Have you Done your homework? 

     

    Preparation and Briefing

    It is critical when obtaining medico-legal evidence from a medical practitioner, for their evidence to be consistent. Prior to your client meeting your expert, whether it be a surgeon or otherwise, you should ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, which then can produce a full and frank assessment. 

    If your witness is not provided with a full brief of evidence including medical records, employment history and witness statements, your expert report may be advantageous in the short term but falter if further documents come to light which contradicts claims made by your client.

    Along with a case update, this session will provide an in-depth guide to best practice and steps to follow when preparing to contact and brief an expert for a new client.

     

    Due Diligence and Inconsistencies

    What are the risks in failing to adequately research the suitability and previous evidence of an expert witness, particularly in regard to any previous inconsistent statements or evidence presented by that expert witness in other cases.

    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.

    Ethics, AI, Privacy and Implications – Where To From Here?  

    A set of eight Ethical Principles have been drafted and released by the Royal Australian and New Zealand College of Radiologists (the RANZCR principles) which is aimed at guiding ethical standards surrounding AI technology in medicine into the future, as well as complementing today’s current medical tools and systems.

    This session will discuss the current state of the medico-legal profession, including privacy, technology, AI, the RANZCR principles and ethical issues likely to be faced as we move into an uncertain future.

    Legal Professional Privilege and Patient Confidentiality – What Must Be Disclosed? 

    The concepts of ‘patient confidentiality’ and ‘legal professional privilege’ can be complex and time consuming for medical practitioners and their legal advisors. When receiving a subpoena, an order to produce documents or a summons to appear as a witness, there are numerous issues to consider including multiple and sometimes inconsistent jurisdictional requirements, objections to requests, providing sealed and unsealed documents and importantly, identifying and claiming legal professional privilege.

    The recent case of Medical Board of Australia v Kemp [2018] VSCA 168, found and perhaps set a precedent that patients medical records are not protected by statutory privilege in disciplinary hearings.

    This session will provide guidance on the issue’s practitioners must be alert to when, where and how they can claim privilege on a proper basis.

    The Scope of Medical-Legal Counsel – What Does Your Client Demand of you in 2019? 

    In February 2019, a story was broadcast on ‘7:30’ on the ABC about a young doctor, Dr. Yumiko Kadota, who was walking away from the medical profession as she was ‘physically and emotionally broken’ from her placement at a Sydney hospital. This followed her blog called “The Ugly Side of Becoming a Surgeon”.

    Would you know what to advise a hospital, surgeon or other medical professional in charge of supervision in such circumstances? 

    The health industry is becoming more complex and operates within a more competitive, technological and litigious market. If an organisation, or individual within the industry makes a mistake which is then picked up and carried by social media, reputational damage can be devastating.

    In addition to legal knowledge and skills, medical-legal counsel are increasingly expected to be proficient in a wide range of areas including negotiation, mediation, dispute resolution and Crisis Management. Having a strong relationship with your client is crucial to being able to understand, manage and deliver the clients expectations.

    This session will provide guidance on the current and evolving role of the medical-legal counsel in 2019, so that you can manage your client’s expectations and deliver at the highest level.

    Non-Delegable Duties in the Medical Profession 

    The vulnerability of patients in institutions and hospitals has been in the spotlight in recent times. As the country faces an ageing population, the issue of proper care by medical professionals and perhaps more importantly, staff, within organisations, will continue to remain a hot topic.

    This session will focus on the issue of non-delegable duties in the medical profession including:

    • When the duty arises;
    • When an organisation is liable for negligence of a staff member;
    • Independent contractors;
    • Exceptions to the rule.

    Don’t miss this hot topic!

    Presented by: Abhi Mukherjee, Barrister, Victorian Bar

     

    6.0
    $695.00
    Early Bird Price Available - Expires 2 August 2019!
  • Thursday, 19 September 2019
    19 Sep 2019 9:00am - 19 Sep 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Preparing Complex Bail Applications - Post Reforms 

    This session will provide guidance on preparing complex Bail Applications in light of recent cases dealing with:

    • Compelling reason
    • Exceptional Circumstances
    • Unacceptable risk
    • Failure to provide reasons

    Case Update and New Developments 

    This session outlines recent cases and emerging developments in relation to the following key areas:

    • Video-Link psychological testing and reports of accused individuals - Are they valid?
    • ‘Catfishing’ cases
    • Open Courts and Other Acts Amendment Bill 2019 - Impact on suppression laws
    • Contempt of court - Online reporting and podcasts of cases and accused
    • Youth Offences and Jurisdiction

    Presented by: Rosalind Avis, Barrister, Victorian Bar

    Negotiating Hard Ball 

    Whether you are the prosecutor or acting for the accused, it is critical to constantly sharpen your negotiating skills.

    This session will focus on advanced negotiating techniques that can enable you to play hard ball whilst still retaining trust and respect from your adversary.

    Presented by: Carmen Randazzo S.C, Barrister, Victorian Bar

    Tendency and Coincidence Evidence - How Complex Can It Be? 

    This is a complex and evolving area where the outcome can turn on subtle considerations of the evidence.

    This session will delve into the critical aspect of this evidentiary maze in light of recent High Court Cases.

     

    4.0
    $490.00
  • Wednesday, 25 September 2019
    25 Sep 2019 9:00am - 25 Sep 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Privilege, Waiver and Confidential Information

    This session will address latest cases dealing with the risks associated with the provision of confidential information to a regulator.  What are the factors to weigh up when advising a client in relation to the provision of information.

    Regulatory Investigations and Self-Incrimination 

    This session will focus on the tips and pitfalls around claiming privilege against self-incrimination in regulatory enquiries.

    Cooperation and Mitigation 

    Recent high profile cases show that early negotiation and willingness to cooperate can mitigate the outcome of a regulatory investigation and legal action.  A Court may take account of issues such as early cooperation even if the regulator hasn’t.

    This session will focus on advising a client how to best deal with investigations in order to later influence a court should the matter proceed to hearing.

    Preparing for ASIC Investigations and Examinations 

    Preparing documents, witnesses and the client can be particularly tricky when a client is facing potential regulatory penalties or worse.

    This session will outline the key steps and matters to take into account  when preparing for these often stressful proceedings.

     

    $490.00
  • October 2019

  • Thursday, 17 October 2019
    17 Oct 2019 9:00am - 17 Oct 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    This conference provides an in-depth analysis of several key issues facing Insolvency practitioners as follows:

    Insolvency and Employee Entitlements 

    This session outlines the treatment of employee entitlements on liquidation, depending on the company structure post recent cases, and covers:

    • Companies trading as trustees, or in their own right; 
    • Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth [2019] HCA ('the Amerind Case');
    • Queensland Nickel Refinery; and
    • Fair Entitlements Guarantee (FEG)

    Conflicts of Interest and Liquidators 

    This session looks at Liquidators Duties particularly in regard to the following:

    • Conflicts of interest and Liquidators acting as liquidator in multiple related company structures, including wholly owned subsidiaries; and
    • Setting the criteria to adequately address the potential problem of acting with a conflict of interest - Go Energy Group Ltd (in liquidation) [2019] NSWSC

    Voluntary Administration 

    This session covers:

    • Deeds of Company Arrangement post Australia of Mighty River International Limited v Hughes, Mighty River International Limited v Mineral Resources Limited [2018] HCA;
    • Validity of a Holding DOCA;
    • Challenging and setting aside a DOCA;
    • The Courts powers to set aside; and
    • Voluntary Administrators, Costs and Equitable Liens Re GGA Lifestyle Pty Ltd (administrators appointed) ; ex parte Woodhouse [2019] WASC

    Directors including Successive Directors Duties Update  

    This session covers recent cases dealing with directors obligations to provide records to a liquidator. The session will cover:

    • Financial records, obligations and defences on liquidation;
    • Successive directors defences; and
    • In the matter of substance Technologies pty ltd [2019] NSWSC

    Use of Privileged Material by the ATO and Others in Pursuing Enquiries of Restructured Companies - Is It Ok? 

    This session will cover:

    • Cases dealing with the question of whether privileged or unlawfully acquired material can be used in enquiries or proceedings brought by the ATO;
    • Glencore International AG and Ors v Commissioner of Taxation of the Cth of Australia and Ors

     

    4.0
    $490.00
  • Wednesday, 23 October 2019
    23 Oct 2019 9:00am - 23 Oct 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 13 September: $695 (incl. GST)

    Full Price: $750 (incl. GST)

     

    Redacting Documents – Errors, Risks and Consequences 

    Redacting electronic documents is a necessary part of litigation and commercial matters, and this session will highlight the serious consequences when redaction hasn’t been carried out correctly including:

    • Potential breaches of court orders
    • Potential breaches of client confidentiality
    • Waiver of privilege
    • Release of commercially sensitive material;

    all of which 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. With reference to key cases, leading presenter Dr Sue McNicol QC will outline the critical do’s and don’ts when faced with redaction of electronic documents.

    Presented by: Dr. Sue McNicol QC, Barrister, Victorian Bar

    Taxation Considerations and Implications in Damages and Settlement Agreements 

    Disputes between parties result in settlements which may be the product of mediation, court orders or agreement.  Do you know the taxation considerations and implications that should be considered when negotiating settlements?

    When a matter proceeds to trial and damages awarded, your client should already be aware of the potential taxation implications. Whilst the litigation lawyer is not expected to also be a tax expert, are you confident you know enough about the potential taxation problems that can arise simply because of ignorance about the right questions to ask the client?

    This session will provide guidance on the taxation matters you need to turn your mind to when advising clients in pre-settlement negotiations and pre-judgment discussions.

    Mistaken Payments and the ‘Change of Position’ Defence 

    Since the High Court in Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) confirmed that the ‘change of position’ defence can still apply in certain circumstances where a payment has been made by mistake, questions remain unanswered as to its application.

    This session will examine the relevant cases, discussing when the ‘change of position’ defence may still be applicable, and the factors that may influence the outcome where an otherwise inequitable payment has been made by mistake.

    Construction of Contracts – The Continuing Uncertainty 

    Whether or not extrinsic evidence can be admitted as part of the interpretation of contractual terms, without the need to first establish ambiguity, continues to remain in question. Despite the passage of time since Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982), and multiple decisions by intermediate courts since, including Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2018] NSWSC, practitioners continue to face uncertainty arising from conflicting decisions.

    This session will discuss various recent decisions and address the question of whether ambiguity is required for evidence of surrounding circumstances to be admissible.

    Contractual Penalties and Unconscionability 

    Between Paciocco v Australia & New Zealand Banking Group Ltd [2016] HCA and Australian Securities and Investments Commission v Kobelt [2019] HCA this session will explore the current state of play with respect to contractual penalties and unconscionability.

    Consequential Loss – Recent Decisions and Practical Implications 

    Australian courts have moved away from characterising ‘consequential loss’ in accordance with the second limb of the rule in Hadley v Baxendale. And with courts in different jurisdictions continuing to interpret the term in different ways, it is becoming increasingly difficult to predict with certainty what losses will be recoverable in the event of a breach. This session will provide a review of recent cases dealing with consequential loss and consider their implications. It will also provide guidance on drafting contracts to achieve more certainty as to the extent of the limitation of liability.

     

    6.0
    $695.00
    Early Bird Price Available - Expires 13 September 2019!
  • Thursday, 24 October 2019
    24 Oct 2019 9:00am - 24 Oct 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Early bird price available until Friday 20 September: $695 (incl. GST)

    Full Price: $750 (incl. GST)

     

    Sporting Figures, Free Speech and the Employment Contract  

    The recent high-profile dispute involving Rugby Australia is now set for a showdown, with many commentators suggesting it will lead all the way to the High Court. Given the complexity of this case, which touches on Codes of Conduct, employment contracts and sporting figures expressing views in public forums, this session is designed to distil the most significant issues arising from this case that apply to your sports law practice.

    This session will discuss issues including:

    • Codes of Conduct - What is reasonable?

    • Should the sporting body be entitled to regulate private views being aired in public?

    • Is it appropriate for sporting bodies to take note of public opinion when developing policies?

    Sports Law Developments and Case Update  

    This session will address recent cases and developments in Sports Law including:

    • Restraint of Trade Clauses (following the Federal Court decision on the National Rugby League’s ‘No Fault Stand Down’ Rule);
    • Update to advice for sporting clubs following the Royal Commission into Institutional Child Abuse and requirement for Code of Conduct and Child Safe Policy;
    • Social media ‘trolling’ and legal remedies;
    • Intellectual property issues surrounding ownership and reproduction of sports players photographs;
    • Proceedings between American sports publishing website ‘The Players Tribune’ against new Australian sports website ‘PlayersVoice’; and
    • Regulation of gender and biological differences and its impact on sport.

    Sports Law in Australia – Governance, Regulation and Integrity  

    Late last year Mr. James Wood QC released the most in-depth report into the integrity of Australian sports ever undertaken, titled ‘Review of Australia’s Sports Integrity Arrangements’. It addressed key national and international threats to sporting arenas both here and overseas.

    This session will take an in-depth look into the Report and how it will affect your clients and organisations, including:

    • The establishment of a National Sports Tribunal (National Sports Tribunal Bill 2019) and Sports Commission, Sports Integrity Australia;
    • Addressing corruption in Australian sport;
    • Changes to the ASADA Act to strengthen doping violations (Australian Sports Anti-Doping Authority Amendment (Enhancing Australia’s Anti-Doping Capability) Bill 2019;
    • Law enforcement powers, including dealing with ‘information’ under the Privacy Act 1988 (Cth):
    • New federal match fixing laws;
    • The removal of privilege against self-incrimination; and
    • New whistle-blower protections.

    Esports – The Next Frontier  

    Esports is a booming industry, with stadiums around the world selling out in excess of 50,000 people at a time, and with an estimated market value of over $1 billion by 2020. Practitioners must not only be prepared to embrace this new industry but also the challenges that come with it.

    This session will discuss the unique issues facing practitioners and organisations through the rise of Esports, including:

    • Contracts;
    • Unfair business practices;
    • Intersection of personal and venue sponsorship and endorsement agreements;
    • Intellectual property;
    • Minors and working hours; and
    • Duty of care.

    Professional Sports Contracts – Advanced Drafting Skills 

    Sports Law is a unique practice area and requires care and precision when drafting complex employment and other contracts. This is the case even for experienced Sports Lawyers, particularly as sponsorships, social media and other evolving issues often overlap.

    This essential session will outline strong drafting techniques and will cover:

    • Common complex questions arising in Sports Law Employment contracts;
    • Contracts with minors;
    • Restraints;
    • The intersection of the sporting employment contract with sponsor and endorsement agreements; and
    • Termination clauses

    This session is designed to take your drafting skills to a more advanced level.

    Presented by: Paul HorvathPrincipal, Sports Lawyer

    Concussion in Sports – Risks, Rates and Liability  

    As more and more discussion and studies continue to evolve around the issue of concussion in sport, so too does the number of players retiring from sport due to concussion related injuries, and the number of cases being issued by former players seeking compensation.

    This session will look in-depth at the legal liability surrounding this area including:

    • The latest developments relating to concussion in sports;
    • Latest cases;
    • Duty of care and the intersection with workplace health and safety;
    • Potential for class action/s in the future.

    Where’s the ‘Good Faith’ in Sporting Contracts?  

    It is always exciting for a sporting club to sign a new player to a contract and their club. It is often met with fanfare and can lead to a jump in sponsorship, memberships and revenue. However, it is not uncommon for players to break contracts early if they are unsatisfied or wish to pursue successful opportunities elsewhere.

    With hundreds of thousands of dollars on the line, where does the duty of ‘good faith’ in sporting and commercial contracts come into play compared to other industries?

    This session will take a look at recent high-profile examples and examine where the duty of good faith lies in the current context of sports and commercial law contracts and the issues you need to consider when you are drafting your client’s next contract.

     

    6.0
    $695.00
    Early Bird Price Available - Expires 20 September 2019!