• November 2019

  • Wednesday, 20 November 2019
    20 Nov 2019 9:00am - 20 Nov 2019 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    This program is chaired by:

    William Stark, Barrister, Victorian Bar

    This high level half day conference provides key updates in this complex area including the changes and implications brought about by the Budget 2019 and covers:

    Duties Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Foreign Purchaser Duty;

    • Land Transfer Concession Duties;

    • Stamp Duty and Residential Developments.

    Presented by: James Hamblin, Special Counsel, MinterEllison

    Land Tax Update - 2019 / 2020 

    This session will address the impact the State Taxation Acts Amendment Act 2019 has on:

    • Principal Place of Residence;

    • Absentee Owner Surcharge Rate;

    • Assessments and Objections;

    • Valuation Changes;

    • Exemptions including the Primary Production;

    • Exemption;

    • SRO and ATO Audit Crackdown.

    Presented by: Michael Hines, Barrister, Victorian Bar

    GST Impact on Property Transactions 

    This session will address:

    • GST Margin Scheme;

    • GST at Settlement;

    • GST Adjustments;

    • Included and Excluded Properties and Refunds;

    • ATO Audit Crackdown.

    Presented by: Daniel Prior, Partner, Accredited Specialist in Property Law, Prior Law

    Complex Duties Online Transactions 

    This session will address the impact of mandated transactions, including complex transactions, lodged and managed online from 1 August 2019. This session will include:

    • What is the difference between a DOL transaction and a complex transaction?

    • DOL changes and further updates from November 2019;

    • Complex assessing of duty (1 August mandatory); and

    • Evidentiary Requirements.

    Presented by: Shev Whellens, Principal Customer Education Consultant, Staff Development and Customer Education Unit, State Revenue Office Victoria

    4.0
    $490.00
    Online bookings closed. Contact 03 8667 5667 for last minute bookings
  • Thursday, 21 November 2019
    21 Nov 2019 9:00am - 21 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

    This program is chaired by:

    Ed Browne, Partner, Madgwicks Lawyers

    and

    Gwyn Moore, Partner, HDME Lawyers

    Aged Care Update 2019 - 2020  

    This session will provide practitioners with a review of the most recent, significant legislative updates and trends in Aged Care including:

    • Single Aged Care Quality Framework and Standards;

    • Clinical Governance Framework;

    • Open Disclosure Framework;

    • New Charter of Aged Care Rights effective from 1 July 2019;

    • Aged Care Amendment (Resident Welfare & Provider Disclosure) Act 2019;

    • National Quality Indicator Program;

    • Government promotion of Home Care;

    • Voluntary Assisted Dying Act 2017 (Vic) commenced on 19 June 2019;

    • Introduction of the Retirement Village Code of Conduct (the Code);

    • More Choice for a Longer Life Package;

    • Review into the regulations controlling the administration and management of medications in the Victorian Aged Care sector.

    Presented by: Jacob Fronistas OAM, Barrister, Victorian Bar

    Negotiating the Retirement Village Agreement and Tips when Advising the Resident Client 

    From management agreements and legal structures, to the financial considerations, navigating through the retirement village agreement is often extensive and complicated. This session will discuss the issues faced when negotiating Retirement Village Agreements and will cover:

    • Common legal structures for retirement villages;

    • What needs to be covered in the Retirement Village Agreement;

    • Financial considerations –Fees, Rent, Recurring Charges, Departure fees etc;

    • Resident and Management Agreements – What to look out for;

    • The clauses you need to be wary of;

    • Tips for Ongoing Contract Review.

    Presented by: Steven Smith, Partner, HWL Ebsworth - Leading Health and Aged Care Lawyer, Doyles Guide 2019; Recognised by Best Lawyers (Property Law and Retirement Villages and Senior Living Law).

    Hot Topic! CCTV and Aged Care – Recording and Privacy Issues  

    This session provides an overview of the options and risks in utilising various surveillance techniques and covers:

    • An overview of Surveillance legislation in Victoria as it impacts this area;

    • Privacy Rights – Employees / Residents;

    • CCTV and Elder Abuse;

    • Who can access CCTV footage;

    • Consent and Capacity of the resident to be filmed;

    • Family members installing hidden cameras.

    Presented by: Kevin Finn, Senior Associate, Burke Lawyers

    and

    Rosy Roberts, Associate, Burke Lawyers

    Granny Flat Arrangements – Advice, Considerations and What happens when it all goes wrong  

    This session will discuss the different types of granny flat arrangements and the advice you need to provide to your client when entering into this type of arrangement.

    This session will cover:

    • Advising on Granny Flat Arrangements –acting for multiple parties - Wise or Unwise?;

    • Advising on Granny Flat Arrangements – Different types / Benefits and Risks;

    • Advising on and Documenting the Arrangement – Deed of Family Arrangement;

    • When the Granny Flat arrangement goes wrong – Family disputes, Insolvency, Divorce settlements and property affected etc.

    Presented by: Jim Parke, Managing Director, Parke Lawyers

    and

    Dennis Wawra, Lawyer, Parke Lawyers

    Physical and Medicinal Restraints on Residents – Legal Obligations on the Aged Care Facility or Resident Provider  

    This is an evolving area with changes from 1 July 2019 and more on the horizon. This session will outline:

    • Stronger Regulatory Scheme to minimise the inappropriate use of restraints;

    • Threatening Resident Behaviour and the use of Restraints;

    • What happens when a staff member is physically abused or injured;

    • What happens when a resident is injured by use of physical or medicinal restraint;

    • Reporting Obligations under the new Regulatory Scheme.

    Presented by: Dr Melanie Tan, Senior Associate, Russell Kennedy

    Royal Commission into Aged Care Quality and Safety  

    This session will outline its impact on:

    • Systemic Elder Abuse; and

    • Restrictions on Freedom.

    Presented by: Russell Moore, Barrister, Victorian Bar

    Advance Care Directives in the Aged Care Context – Role, Limitations and Interaction with Voluntary Assisted Dying Act 

    This session will address the particular nuances and issues practitioners should be aware of when advising clients in the context of Aged Care and Advance Care Directives.

    Presented by: Bree Ridgeway, Solicitor, Pearce Webster Dugdales

     

    6.0
    $725.00
    Filling Fast!
  • Friday, 22 November 2019
    22 Nov 2019 9:00am - 22 Nov 2019 4:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

    Contact Reception on 03 8667 5667 to book your free 3rd place!

     

    This conference will be chaired by:

    Jason Pizer QC, Barrister, Victorian Bar

    and

    Kay Chan, Barrister, Victorian Bar

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

    Challenges, Trends and Issues Facing FOI and Privacy Practitioners 2020 - Hear from the Panel 

    Our panel will discuss the current issues facing practitioners including:

    • Potential Tougher Penalties under the Privacy Act 1988;

    • New Powers for the OAIC;

    • What’s Working and What’s Not Working Under OVIC;

    • Changes To OVIC Procedures; 

    • The European Union’s General Data Protection Regulation (GDPR);

    • 'Face App' - Is there cause for concern?

    Presented by: Sven Bluemmel, Victorian Information Commissioner

    Lisa Fitzgerald, Partner, Holding Redlich

    and

    Keely O'Dowd, Senior Associate, K&L Gates

    Professional Standards and the Freedom of Information Act 1982 (Vic) 

    The Information Commissioner has now developed Professional Standards (a Legislative Instrument) that cover the conduct of agencies coming under the FOI Act, and how they operate under the Act. The Information Commissioner has published 33 draft Standards with a view to being finalised and commencing in late 2019.

    This session will outline the final version of the Professional Standards and provide a key update on the impact these Standards will have on Government agencies.

    Presented by: Joanne Kummrow, Public Access Deputy Commissioner, Office of the Victorian Information Commissioner

    Part II Information Statements 

    This session will cover  the drafting, reviewing or updating of your Part II Information Statement to ensure their compliance which is now more important than ever in anticipation of the Professional Standards.

    This session will provide essential drafting guidance to ensure compliance.

    Presented by: Roman Valher, A/Senior Policy Specialist, State Revenue Office

    Processing an FOI Request – How To and Practical Application 

    This session will cover procedures and issues to consider in initial processing stages of an FOI request (both personal and non-personal), including its validity, applicable statutory timeframes, obligations to consult and inform, urgency and notifying parties of a decision.

    Issues such as ‘voluminous’ and ‘unclear’ applications and agency obligations to consult and inform will also be covered.

     

    Presented by: Robin Davey, Manager, Freedom of Information Divison, Victoria Police

    Exemptions - Personal and Non-Personal 

    This session will cover personal application exemptions, including personal affairs and communications in confidence, as well as non-personal application exemptions such as privileged and internal working documents.

    Our presenter will outline whether and how these should be applied, including reference to Section 25 of the Freedom of Information Act (1982) (Vic).

    This session will also highlight the less obvious exemptions such as Cabinet documents, documents affecting legal proceedings and law enforcement documents.

    Our presenter will also discuss the subtle nuances and factors to weigh up when making decisions in this area.

    Presented by: Steven Brnovic, Barrister, Victorian Bar

    FOI and Privacy - Recent Significant Decisions 

    This session will highlight recent significant cases relevant to FOI and Privacy practitioners so you can be confident you are up to date with the latest! This session will cover cases including issues such as:

    • CCTV and FOI Requests

    • Privacy Law impact on Employment issues including employer right to collect sensitive employee data, duty to protect data and Biometric Data.

    Presented by: Laurence White, Barrister, Victorian Bar

    Public Interest Test and FOI Requests 

    This session will provide guidance on:

    • Understanding and interpreting the public interest test when considering FOI requests;

    • How to determine the proper decision in ambiguous or nuanced situations; and

    • Impact of unfavourable information having to be released.

    Presented by: Kristy Fisher, Barrister, Victorian Bar

    Data De-identification and Privacy - A How To Guide and Risks 

    De-identification can allow entities to share information which would otherwise not be permitted under the Privacy Principles. This session will provide an overview of the de-identification process with respect to organisations that collect and retain personal data. 

    Presented by: Melanie Olynyk, Partner, Maddocks

     

    6.0
    $695.00
    Filling Fast!
  • 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!

    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) 

    This program is chaired by:

    Iain Jones QC, Barrister, Victorian Bar

    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.

    The Lawyer as Professional Communicator: A Refresher on Clear and Reader-Focused Legal Writing 

    This session will outline:

    • The lawyer as a professional communicator: what clients (and other readers) want — and what they dislike;
    • The myth of the so-called “professional legal writing voice”; and
    • Plain English writing: a refresher – key guidelines on generating clarity and reader focus in your documents.

    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

    Ethics in the Spotlight 

    With the recent revelations and public scandals, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    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

     

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

     

    10.0
    $945.00
  • 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

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Thursday, 5 December 2019. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

     

    This program is chaired by:

    Iain Jones QC, Barrister, Victorian Bar

    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.

    The Lawyer as Professional Communicator: A Refresher on Clear and Reader-Focused Legal Writing 

    This session will outline:

    • The lawyer as a professional communicator: what clients (and other readers) want — and what they dislike;
    • The myth of the so-called “professional legal writing voice”; and
    • Plain English writing: a refresher – key guidelines on generating clarity and reader focus in your documents.

    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

    Ethics in the Spotlight 

    With the recent revelations and public scandals, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    Presented by: Alexandra Tighe, Partner, Holding Redlich

     

     

     

    5.0
    $550.00
    Filling Fast!
  • January 2020

  • Thursday, 30 January 2020
    30 Jan 2020 9:00am - 30 Jan 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Mediation – How to Prepare When Your Client Has Not 

    The challenges of preparing for and attending mediation can be overwhelming when:

    • Your client is unprepared;
    • Your opponent is unprepared;
    • Despite your best attempts there is no clear strategy; and
    • Your client still expects settlement.

    This seminar will address how you can overcome these challenges and achieve the best outcome.

    This session will also provide guidance on how you can take control of the process even in circumstances when no one seems to be prepared or cooperating.

    Update Your Standard Costs Agreement in 2020 

    With reference to recent cases and common errors this seminar will highlight the reasons why you need to update your standard costs agreement in 2020. 

    Costs Agreements are one of the most important documents used by legal practitioners, yet once drafted they are rarely reviewed except to update charge out rates. Failing to keep pace with legislative changes and case law developments can, however, result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.

    This session will consider how and why you should re-examine and consider updating and/or tailoring your costs agreement in light of recent and upcoming legislative changes, which impact significantly on the content and terminology used.

    It will also explore common errors in costs agreements, with reference to recent decisions, and provide tips on how to ensure that the costs agreement you issue is appropriate and will minimise the likelihood of problems arising.

    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

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    4.0
    $450.00
  • February 2020

  • Wednesday, 19 February 2020
    19 Feb 2020 9:00am - 19 Feb 2020 1:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Tax Implications of Settlements 

    Reaching successful settlement can be soon followed by the awful realisation that tax implications for the client have not been factored into the agreement.

    What are the taxation considerations and implications that should be considered by practitioners when formulating settlements?

    This session will outline the essential issues to cover when advising clients in pre-settlement discussions and pre-judgment negotiations. 

    Managing Cyber Risk For Law Firms 

    Recent research has shown that in the last two years, cyber attacks have affected more than one in four Australian firms. Cyber hackers, scammers and criminals continue to create and evolve methods of infiltration and attack, and law firms and their data are prime targets for theft, breaches and hacking.

    While all firms need to be aware of, and train their staff about the risks posed by cloud computing, metadata, social media and other IT platforms and technologies used by them, the cost of such training seems to be viewed as too costly in the short term. Unfortunately, recent national and international cyberattacks show that no person, law firm, business or organisation is immune from a potential attack and the seriousness of cyber risk can longer be ignored.

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

    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, i.e.- email, face to face meetings;
    • Building rapport and trust;
    • Developing empathy;
    • Obligations to communicate with your client pursuant to the Uniform Law; and
    • Recognising and avoiding legal liability for bullying and harassment when dealing with challenging colleagues and clients

    Keeping it real in 2020!

     Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality ;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where is the boundary between a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The  classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    4.0
    $450.00
  • Thursday, 20 February 2020
    20 Feb 2020 9:00am - 20 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Costs in Family Law Proceedings  

    This session will cover costs Applications and Orders and specifically address the following:

    • Section 117 of the Family Law Act 1975 and the exercise of discretion to order costs;
    • Offers of settlement;
    • Indemnity costs;
    • The decision in Sfakianakis; and
    • Comparison of Family Court and Federal Circuit Court re assessment of quantum

    Presented by: Bronia Tulloch, Barrister, Victorian Bar

    Drafting Affidavits in Family Law 

    Affidavits that are ill prepared, contain irrelevant information, evidence or commentary can derail your clients matter and annoy the court. There is sometimes a fine line that separates the good from the bad.

    Our presenter will take you through the important drafting essentials and nuances that can make all the difference to your client’s matter. 

    Case Guardians – Key Considerations  

    This session will discuss the use of Case Guardians in the Family Court and Federal Circuit Court. It will explore key issues concerning case guardians, including:

    • The different approaches taken by the courts; 
    • Factors that may affect the appointment of case guardians; and
    • Issues with accountability.

     

    3.0
    $395.00
  • Wednesday, 26 February 2020
    26 Feb 2020 9:00am - 26 Feb 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Nominations and Purchasers - Risks and Consequences 

    This session will delve into the sometimes complicated arrangements that surround a Nomination of Purchaser. By reference to recent cases including Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324, our presenter will outline the common challenges that can arise from the Purchaser, Nominee and Vendors perspective.

    Section 9AC of the Sale of Land Act 1962 Lessons for Developers and Purchasers 

    This session will look at the effect of Section 9AC of the Sale of Land Act 1962 when there are amendments to a proposed plan of subdivision. By reference to recent cases our presenter will provide guidance on the implications to a developer and the purchaser when in breach of s 9AC of the Sale of Land Act 1962.

    Retail Leases Case Update 

    Recent cases have focussed on what constitutes a retail premises and how a Retail Lease can lose that status in certain circumstances.

    This session will outline the courts recent thinking on these critical issues.

     

    3.0
    $395.00
  • 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

     

    FACE TO FACE CPD: 5 SESSIONS (5 CPD POINTS)
    Friday 28 February 2020 – 9:00am - 2:30pm (includes morning tea and light lunch) 

    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.

    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

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

     

    ONLINE WEBCASTS: (5 CPD POINTS) 

    (THE BELOW WEBCASTS WILL BE MADE AVAILABLE FOR VIEWING FROM FRIDAY 28 FEBRUARY)

    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 QCBarrister, 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

    Negotiating And Drafting Settlement Agreements And Releases 

    Practitioners are often instructed to make or consider offers of settlement, enter into settlement negotiations and draw settlement agreements and / or enforce their terms. It is imperative that practitioners have excellent drafting skills in order to accurately record settlement and minimise client risk.

    This seminar will cover:

    •     “without prejudice” offers and negotiations;
    •     forms of settlement offers;
    •     drafting terms of settlement and releases; and
    •     key risk areas.

    Presented by: Graydon Dowd, Partner, Hall & Wilcox

    VCAT – Powers, Practice & Procedure 

    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 KirtonSenior Member, Victorian Civil and Administrative Tribunal

    Misleading and Deceptive Conduct Update - Hear from a Barrister And Former General Manager, Consumer Affairs! 

    Misleading and Deceptive Conduct, when established, can have serious implications, both monetary and reputational.  

    This seminar will address the leading principles relevant to proving a successful claim or in defence a claim brought against your client.

    The seminar will also address the most recent and significant decisions handed down by superior courts and their implications for your clients.

    Presented by: Luisa Alampi, Barrister, Victorian Bar and former General Manager, Legal Services Branch Consumer Affairs Victoria

    This intensive can also be booked as a 5 CPD Point Package (with no Webcasts provided) - CLICK HERE TO BOOK

    10.0
    $945.00
  • 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

    This intensive forms the Face to Face sessions of our 10 CPD Point Package on Friday, 28 February 2020. For more information on our 10 CPD Point Package - CLICK HERE TO BOOK

    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.

    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

    Engagement Habits - Due Diligence From The Get Go 

    What are the essential due diligence habits that can save you from wishing you had not accepted a particular client retainer? What are the warning signs and how do you ensure you identify problem matters before you are engaged to act? 

    Our experienced presenter, by reference to case studies, will outline how to ensure you don’t miss a red flag that can end up adversely affecting your practice including lost fees, time and peace of mind.

    E-Contracts And Signatures - Risks, Rewards And Consequences 

    With today’s technology, clients can have access to their legal practitioner and matter with just a touch of a keyboard or swipe on a phone. In many cases, clients no longer need to meet their lawyers as they can meet remotely from anywhere on the globe.

    In the absence of a face to face meeting, clients can also now electronically sign contracts and other documents, as well as be served with documents by email.

    But with the law often lagging technology, this can cause problems. This session will discuss the risks, consequences and rewards of E-Contracts and Signatures including:

    • When is an E-signature acceptable?
    • What if the laws do not provide for documents to be served by hard copy; and
    • What other risk management issues do firms face, including cyber risk?

    This session will also include a Case Update. A must for all practitioners in 2020.

    Ethics In The Spotlight 

    With the recent revelations and scandal surrounding ‘Lawyer X’, the public could be forgiven for thinking that legal practitioners often fall short of their professional duties and ethical obligations.

    However, as any lawyer knows, they are never out of the ‘Ethical Spotlight’ and in an age of rapid technological evolution, it is all too easy to be caught in its glare.

    In this session hear from a leading practitioner on:

    • Practical implications of technology on ability to maintain client confidentiality;
    • Practical guidance on how to reduce the risk of a complaint;
    • A discussion on where the boundary is between  a ‘working life’ and ‘private life’ in an age where the ‘office’ may be fluid and
    • The classic ethical dilemmas that keep practitioners awake at night.

    Don’t miss this informative and valuable session.

    5.0
    $550.00
  • March 2020

  • Wednesday, 4 March 2020
    4 Mar 2020 9:00am - 4 Mar 2020 12:30pm (Australia - Melbourne)
    Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

     

    Alert! Guardianship and Administration Act 2019 

     

    The Guardianship and Administration Act 2019 which commences on 1 March 2020 introduces changes affecting the basis upon which a Guardian can make decisions, and also the legal test around capacity. 

    This session will dissect the changes, and also look at the role of VCAT and the appointment of Guardians or Administrators as impacted by the new Act.

    Power of Attorney and Entitlement to Financial Records 

    What are the criteria for gaining access to financial records? What does the Tribunal take into account when making an Order in response to an Attorney seeking access to financial accounts or other records?

    This session will address these issues by reference to recent cases.

    When Gifts Go Missing - Ademption Exceptions 

    How do the courts deal with a claim that a bequeathed gift has been previously sold or has been already given away before death? What if an Attorney sells an asset prior to death, with or without knowledge of the contents of the will? Can a beneficiary make any claim for compensation in these circumstances?

    This session will outline the circumstances in which a claim may be made by reference to leading cases, and will outline how to cover these issues in Will drafting.

     

    3.0
    $395.00