In-House Litigation: Regulatory Disputes, Damages, Costs & Privilege
Issues covered include: damages, undertakings, corporate litigation, legal professional privilege, online dispute resolution, regulatory disputes, ASIC, AFCA, in-house counsel
Description
Master how to navigate damages, undertakings and reduce legal costs all while clearly and confidently advising your organisation in these key areas. Learn how to preserve privilege to protect your company and yourself. Ensure your organisation is bulletproof when it comes to regulatory action and equip yourself with the tools to succeed in dispute resolution. In a challenging market there will likely be more disputes and litigation so it’s key for you to prepare now.
Attend and earn 4 CPD units including:
2 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
This program is applicable to practitioners from all States & Territories
Chair: Darshana Parekh, Legal Counsel, Ola
Professional Skills
9.00am to 10.00am: Online Dispute Resolution: A General Counsel’s Perspective
Managing disputes is part of the ‘bread and butter’ work for many General Counsel and in-house lawyers, so how can we do it more effectively and efficiently?
- Pros and cons of online dispute resolution, with or without external lawyers
- How and when ODR can be used in existing legal proceedings
- How the use of effective ADR & ODR can help you demonstrate your added value in the General Counsel function
- The “do’s and don’ts” of effective dispute resolution for General Counsel
- What the COVID19 crisis has taught us about managing risks in an emergency
Presented by Steve Lancken, Mediator and Managing Director, Negocio Resolutions; Leading Mediator, Doyle’s Guide 2019
Ethics & Professional Responsibility
10.05am to 11.05am: Legal Professional Privilege Prior to the Commencement of Litigation: A Guide for In-House Counsel
- The elements of legal professional privilege
- The circumstances in which pre-litigation communications will be privileged
- Understanding the distinction between commercial communications and privileged communications and why it is important
- Challenges and considerations for in-house counsel with respect to privilege in the early stages of disputes
Presented by Louise Hulmes, Barrister, 8th Floor Selborne Chambers
11.10am to 1.15pm: Damages, Undertakings and Costs in Corporate Litigation: Advising
- Instructing a CFO, General Counsel or CEO re: undertakings related to damages
- Business needs: having the right funds to deal with damages, costs and undertakings
- Issues to consider and advise on:
- Making sure there’s cash flow
- Risks on damages
- Injunctions on undertakings in relation to costs
- Security for costs: What does it really look like when you deal with it up front?
Presented by Melissa McGrath, Principal Lawyer, Coleman Greig
12.15pm to 1.15pm: Navigating Regulatory Disputes
- Reporting to ASIC including new guidelines on breach notifications
- An overview of AFCA
- An update on the new legislation
- Regulatory case studies that will demonstrate how it all works
Presented by Dr Hillary Ray, Director, Cowell Clarke Commercial Lawyers