4 Point Intensive
Start time 30 Jan 2020 9:00am (Australia - Melbourne)
End time 30 Jan 2020 1:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program details
Catering Includes morning tea and refreshments
Designed for Legal practitioners
Product Code I20001
Total CPD Units: 4.0

Ethics & Professional Responsibility: 1.0
Practice Management & Business Skills: 1.0
Professional Skills: 1.0
Substantive Law: 1.0
(includes GST)

4 Point Intensive

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

This program will be chaired by:

Gregory Lucas, Barrister, Victorian Bar

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.

Presented by: Catherine Gale, Director, Resolve Conflict

Time to Update Your Costs Documents and Avoid Complaints 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 and costs disclosure documents in 2020. 

Costs Agreements:

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.

Costs Disclosure Documents:

Given the statutory requirement for costs disclosure documents, it is not surprising that it is issues pertaining to these documents that result in practitioners finding themselves at the wrong end of complaints.

Failing to keep pace with legislative changes and case law developments can result in outdated, unclear and/or inaccurate costs agreements, potentially leaving practitioners exposed and unable to recover outstanding legal fees.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 and costs disclosure documents.

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.

Presented by: Penny Van den Berg, Principal Lawyer, Mahlab Costing

Agreeing to Agree – When Letter of Intent or Heads of Agreement Become Binding 

Despite a common misconception that you can’t have an 'agreement to agree', in a number of significant decisions the courts have found that “in principle” or heads of agreement expressed to be “subject to contract” may sometimes be enforceable.

This session will examine the circumstances where this can occur inadvertently, as well as appropriate mechanisms to minimise dispute where the parties do intend for their preliminary agreement to be binding.

It will also consider the risks of negotiations surrounding the initial agreement being deemed misleading and deceptive conduct.

Presented by: Daryl Williams QC, Barrister, Victorian Bar

Ethics In The Spotlight 

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:

  • The source of your ethical obligations;
  • Practical implications of technology on the ability to maintain client confidentiality, including ‘cloud computing’ and social media;
  • 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: Bridgid Cowling, Senior Associate, Arnold Bloch Leibler