In-House 10 Point CPD Series: Critical Updates & Practical Guidance
Gain all the CPD, updates & strategies you need with a series of the most important topics all tailor made for in-house counsel. Make it easy for yourself & save by registering for the series or just the sessions that interest you. Watch each session live online or as an on-demand recording. In-depth, 1-hour sessions explore the breadth of contracts, competition & consumer law, cyber crime, discrimination, mental health, workplace law, health & safety, reputation risk, privilege, ethics & more. WEB218N05
Description
Attend the full series and earn 10 CPD units including:
5 units in Substantive Law
1 unit in Ethics & Professional Responsibility
2 units in Practice Management & Business Skills
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
Session 1
Thursday, 19 August 2021
Gain a thorough and nuanced understanding of an employer’s ability to issue directions to employees and the risks of getting it wrong – including disability discrimination, unfair dismissal and adverse action claims. Delve into a case study of workplace COVID-19 vaccination policies to analyse how in-house counsel & employers should deal with these significant employment law issues. Consider what a best practice COVID-19 vaccination policy might look like and how best to ensure compliance. WEB218N05A
1.00pm to 2.00pm An Employer’s Ability to Issue Directions to Employees & the Risks of Getting it Wrong
- When can employers require their employees to comply with their directions?
- Case study: When can employers require employees to get vaccinated for COVID-19?
- What are the risks if employers get these issues wrong?
- What does an effective COVID-19 vaccination workplace policy look like and what are the best practices to ensure compliance?
Presented by Helen Beech, Special Counsel, Kingston Reid
Register here for Session 1 only
Session 2
Thursday, 2 September 2021
Stay up to date on the most important trends, developments and cases involving competition and consumer law. Explore the latest updates in significant new legislation. Analyse the critical takeaways from recent cases that may a have a major impact on your organisation. Prepare yourself to confidently, efficiently & effectively navigate any competition or consumer law risk that comes your organisation’s way. WEB219N05B
1.00pm to 2.00pm Competition and Consumer Law Update: New Legislation & Significant New Cases
An update of recent and upcoming legislative changes and judgments, including:
- Changes to consumer guarantees
- Developments in unfair contract terms
- Developments in unconscionability
- Immunity from cartels and criminality
Presented by Ayman Guirguis, Partner, K&L Gates
Register here for Session 2 only
Session 3
Thursday, 16 September 2021
Corporate executives are the prime target for cyber crime. As in-house counsel it’s critical that you understand these risks and precisely how to mitigate them. Delve into exactly how and why cyber crime poses such a significant risk to executives. Gain practical strategies to minimise vulnerabilities, change behaviour in your organisation in a meaningful & lasting way, minimise risk through insurance, and perfect your cyber security policies and training. WEB219N05C
Practice Management & Business Skills
1.00pm to 2.00pm Cyber Crime & Executives: Lessons for In-House Counsel
Recent studies show that corporate executives are 12 times more likely to be targeted in cyber attacks than other employees. Minimise risk for your company, its executives, and you as in-house counsel with an in-depth examination of the problem and its solutions.
- Why executives are a prime targets: access to privileged information & more lax security restraints
- Understanding motivations for cyber criminals: financial gains, company and employee data, IP, ransomware
- A guide to reducing executives’ risk and the role of in-house counsel
- Assessing executive vulnerabilities across the entire network
- Designing and conducting awareness campaigns to change behaviour
- Transferring risk through cyber insurance
- One size does not fit all: customising cyber security policies and training for diverse roles across an organisation
Presented by Chris McLaughlin, Director, Cyber Security Group Aon and Andrew Gray, Chief Counsel, Aon Reinsurance Solutions APAC; Associate General Counsel Aon Commercial Risk Solutions Global
Register here for Session 3 only
Session 4
Thursday, 7 October 2021
Gain the strategies you need to minimise risk in your contracts with this in-depth guide to some of the most vital tools you can use to mitigate risk for your organisation. Understand how insurance obligations impact contracts. Consider the role of indemnities in contracting and how to limit liability. Perfect your contract drafting strategies while minimising risk. WEB2110N05D
1.00pm to 2.00pm Managing Risk: Insurance, Indemnities, Warranties, & Limitation of Liability
An analysis of risk management strategies and contractual mechanisms, with a specific focus on:
- Insurance: Insurance obligations in contracts and the relationship between upstream and downstream obligations
- Indemnities: The key differences between common law and contractual indemnities and under statute
- Indemnities: the benefits and limitations of a contractual indemnity
- Liability: a general explanation of contingent liabilities
- Limitation of liability: an examination of limitation of liabilities
Presented by Peter Yeldham, Partner and Emma White, Senior Associate, King & Wood Mallesons
Register here for Session 4 only
Session 5
Thursday, 21 October 2021
Minimise your contract risks and avoid costly interpretation disputes by exploring innovative and practical drafting strategies. Learn when and how to implement unique contract drafting tools such as tables, timelines, flowcharts, diagrams, pictures, annotations and more. For each tool you will explore real world examples of how organisations are utilising them to make their contracts more clear and effective while minimsing risk and potential disputes. WEB2110N05E
1.00pm to 2.00pm Innovative Contract Drafting Strategies: Designing vs Writing a Contract
Contracts with page after page of nothing but traditional clauses and legalistic text often fail to achieve significant commercial purposes and can lead to costly interpretation disputes. Forward thinking companies are at the forefront of a trend toward innovative contract drafting strategies that can make your contracts more clear & effective while minimising risk & disputes.
- Work through examples of innovative contract drafting tools, including the strengths and weaknesses of each, when and how to use them, and real world examples of their use and effectiveness, including:
- Table of Contents, Headings, and Frequently Asked Questions
- Conversational Style
- Worked Examples
- Tables, Timelines, and Flowcharts
- Journey Maps and Checklists
- Comic Contracts
- Companion Icons and Annotations
- Visualisations: Diagrams, Pictures, and Photographs
Presented by Steven Brown, Chairman, Etienne Lawyers
Register here for Session 5 only
Session 6
Thursday, 4 November 2021
Gain in-depth guides on how to avoid the risk of health and safety incidents and workplace accidents. Hear from a leading barrister and a renowned expert as they walk you through what you need to consider before an incident occurs, how to react to an incident, what to do when the Regulator shows up, and how to engage and work with experts. Examine steps you can take to minimise the risk of accidents and other health & safety incidents through maintenance, preparation & testing. WEB2111N05F
Professional Skills
1.00pm to 2.00pm Health & Safety Incidents: Minimising Risk Before & After Things go Wrong
The Legal Perspective
- What companies need to know and prepare for before an incident occurs
- What should companies do immediately following an accident or other health & safety incident?
- What happens when the relevant work authority shows up?
- Should you engage an expert? When and how should you engage them?
- How do you maintain privilege?
The Expert Perspective
- Procedures: What is documentation like?
- Do you subcontract? How is the responsibility managed?
- Maintenance: understanding what’s being done and making sure what you think is being done is actually being done
- Case studies: lessons to learn from accidents and other health & safety incidents
- Preparing for an incident: running a stress test on the company and its response to an incident before things go wrong
Presented by Martin Shume, Barrister, Denman Chambers and Dr Shane Richardson, Principal Forensic Engineer, Delta V Experts
Register here for Session 6 only
Session 7
Thursday, 18 November 2021
Stay on top of the most critical new legislation, cases, trends and developments impacting the workplace. Walk away with the key principles, strategies and policies your organisation needs to react to the latest workplace developments so that you and your organisation stay out of trouble and a step ahead of the many employment law risks facing companies today. WEB2111N05G
1.00pm to 2.00pm Key Trends and Developments in Employment Law
Explore the latest trends, developments and cases in employment law and analyse the critical takeaways and strategies that in-house counsel need to minimize risk in their role and for their organisation.
Presented by Amy Zhang, Executive Counsel & Team Leader and Justin Pen, Solicitor, Harmers Workplace Lawyers
Register here for Session 7 only
Session 8
Friday, 26 November 2021
CPD Compulsory Units for In-House Counsel
Gain your core CPD units in one afternoon through focused sessions tailor made for in-house counsel. Master how to expertly balance the push and pull between legal risk, commercial risk, and profit. Consider the ever rising reputational risks related to an organisation’s culture and how to avoid disaster. Take a practical look at privilege and the steps, strategies and policies in-house counsel need to follow to avoid inviting trouble by waiving privilege. WEB2111N05H
Chair: Judy Tomas, General Manager Commercial, Contracts and Compliance, Mission Australia
Professional Skills
2.00pm to 3.00pm Legal Risk, Commercial Risk & Profit: Striking the Balance
How should in-house counsel approach and deal with commercial risk? How should they tread the line between their company’s business and financial realities and the need to take commercial risks to remain profitable? How do legal risks factor into the equation? Gain practical insights and guidance into how to strike the balance between legal and commercial risks.
Presented by Tamara Daran, Legal Director & Company Secretary, South Pacific, Colgate-Palmolive Company and Steven Brown, Chairman, Etienne Lawyers
Practice Management & Business Skills
3.00pm to 4.00pm Culture and its Impact on Reputation and Risk
- Culture as a significant reputation risk topic: the impact of Royal Commissions, ASIC and APRA
- How risky behaviours in contravention of an organisation’s culture can be the cause of significant crises
- Case study: Rio Tinto and the Juukan Caves; Boeing 737 Max
- Routine governance compliance exercises & tick box procedures that can lull companies into a false sense of risk complacency
- How to assess & balance governance, risk & what is legally, socially, and morally right given the context of an organisation’s purpose and values as well as alignment with stakeholders’ and broader societal expectations
- Recognising risky behaviours as an early warning device and using them to flag, address & mitigate risks early
- When doing what is legally right can still result in serious reputation damage
Presented by Craig Badings, Partner, SenateSHJ
4.00pm to 4.10pm Break
Ethics & Professional Responsibility
4.10pm to 5.10pm Legal Professional Privilege: Challenges and Strategies for In-House Counsel
- Legal professional privilege (‘LPP’): key principles
- When are communications with in-house lawyers privileged?
- Challenges caused by close relationships and blurred lines between legal, executive and management teams
- Examples of how LPP can be lost
- Strategies for in-house counsel to maintain privilege
Presented by Kathryn Finlayson, Partner, MinterEllison
Register here for Session 8 only
Presenters
Helen Beech, Special Counsel, Kingston Reid
Helen advises on all aspects of employment and industrial relations law and has significant experience in both contentious and non-contentious matters. She can assist with the preparation of employment contracts and policies, disciplinary decisions, managing ill and injured employees, dealing with workplace complaints and effecting terminations of employment including small and large scale redundancies. She is experienced in preparing and negotiating enterprise agreements, advising clients in relation to the notification and voting processes and assisting clients to have their agreements approved. She has represented clients in many matters before the Fair Work Commission and the courts.
Ayman Guirguis, Partner, K&L Gates
Ayman Guirguis advises clients on all aspects of antitrust/competition law as well as consumer law. Ayman has a wealth of experience advising clients on merger clearance, joint ventures and on supply chain arrangements between suppliers and customers. He also has experience defending court actions by the ACCC and other market participants and advising on, setting up and implementing competition law and consumer law compliance programs. Ayman regularly advises on, and responds to, regulatory investigations by the Australian Competition & Consumer Commission (ACCC) alleging cartel conduct (price fixing, market sharing or bid rigging), including making immunity and leniency applications, competitor interactions at Industry Associations, as well as on other anti-competitive allegations.
Chris McLaughlin, Director, Cyber Security Group Aon
Chris leads Aon’s Cyber Solutions Group in Australia and Cyber Advisory services across APAC. He is responsible for delivering Cyber Insurance, Cyber Advisory and Cyber Risk Quantification services. Chris provides advice and support to Aon’s clients that drive better risk outcomes, integrate cyber risk into enterprise risk processes and supports organisational decision making optimising investments in cybersecurity and risk transfer strategies. He has held roles in Information Security and IT Risk Management from Security Analyst, Architect, Consultant, Trusted Advisor and Chief Information Security Officer (CISO). He has advised some of the world’s largest organisations on Cyber Strategies, Transformation and Governance programs.
Andrew Gray, Chief Counsel, Aon Reinsurance Solutions APAC; Associate General Counsel Aon Commercial Risk Solutions Global
Andrew Gray is Aon’s Chief Counsel for Aon’s Reinsurance Solutions in Asia Pacific, and Associate General Counsel for Commercial Risk Solutions globally. He has provided legal counsel to clients and colleagues at Aon for over 15 years. Andrew has held local and regional roles within Australia, EMEA and APAC advising across each of Aon’s business streams, encompassing Commercial Risk, Reinsurance, Retirement Solutions, Health Solutions and Data & Analytical services. Andrew has also held legal roles with HIH Insurance. As a solicitor in private practice prior to joining Aon, Andrew advised a variety of insurance industry and commercial clients in large commercial litigation at Minter Ellison, based in Sydney, Australia.
Peter Yeldham, Partner, King & Wood Mallesons
Peter is a Partner in the Dispute Resolution group in the Sydney office of King & Wood Mallesons, with expertise in insurance advice and disputes, commercial real estate disputes, and general commercial litigation. In his insurance practice, Peter provides policy response advice and claims support (including litigation, if required) in relation to a range of insurance claims (including claims made under Professional Indemnity, Directors & Officers, Statutory Liability, W&I, cyber, Contract Works insurance, and Industrial Special Risks policies). The bulk of Peter’s experience has been in the professional indemnity space, often advising other professional services firms.
Emma White, Senior Associate, King & Wood Mallesons
Emma White is a Senior Associate in the Dispute Resolution group in the Sydney office of King & Wood Mallesons, where she specialises in insurance advisory and disputes on behalf of policyholders, complex commercial litigation, and defending professional negligence claims brought against some of Australia’s largest law firms. Emma’s primary area of practice is acting for principal contractors on major civil works and infrastructure projects in the construction industry in respect of significant insurance claims for material damage and delay (including claims preparation and submission, providing advice on the terms and scope of policies, and acting on any subsequent disputes with insurers).
Steven Brown, Chairman, Etienne Lawyers
Steven Brown is highly experienced lawyer with an extensive knowledge in all aspects of commercial law, with an intimate knowledge of the Corporations Law and the Australian Securities Exchange business and listing rules, being involved in corporate structuring, compliance, corporate takeovers, company floats, the preparation of prospectuses, employee share schemes and advising on directors' duties, and insolvency and securities law and practice. Steven currently lectures: in the Masters of Banking Law Course conducted by Macquarie University; in the Master of Finance for FINSIA in the areas of securities and insolvency and contract law and law, regulation and ethics; and for the Property Investors Association of Australia in security law and practice.
Dr Shane Richardson, Principal Forensic Engineer, Delta V Experts
Shane Richardson is a partner and Principal Forensic Engineer with Delta-V Experts International Pty Ltd, a Forensic Engineering and Safety Solutions consultancy. Shane has provided expert evidence in the Supreme, County and Magistrates Courts related to collision/incident investigations for rollover collisions, heavy equipment, tram collisions, boat collisions, vehicle dynamics, collision damage, crashworthiness, lines of sight, motorcycle collisions, bicycle collisions, pedestrian collisions, human impact, ballistics and vehicle data recorders. Shane is a Mechanical Engineer with 20 years' experience in applying systems engineering methods to the procurement, specifications development, and design of automotive, military, mechanical and safety systems.
Martin Shume, Barrister, Denman Chambers
Martin Shume is a leading senior junior counsel practising predominantly in work health and safety law. Martin's has a national practice focussing on regulatory crime and coronial inquests. Martin has particular expertise across a wide range of industries including aeronautical, building and construction, farming, mining, manufacturing, transportation, and timber (felling, transportation and milling). Martin's professional background is working in the NSW Police in 1982 and as a NSW Police Prosecutor from 1984 to 1994. Martin was based at the State Coroner’s Court for several years working with former coroner's Kevin Waller and Derek Hand. He worked as a prosecutor at the WorkCover Authority of NSW (now SafeWork NSW) for three years before coming to the bar.
Amy Zhang, Executive Counsel & Team Leader, Harmers Workplace Lawyers
Amy is a multi-award winning Executive Counsel & Team Leader at Harmers Workplace Lawyers. Amy works across all of the firm’s practice areas, and has experience in areas including complex litigation, restraint of trade, sexual harassment, discrimination, work health and safety prosecutions, fair work ombudsman investigations and prosecutions, performance management, terminations, redundancies, contract, policy and enterprise agreement review and drafting, modern award interpretation, unfair dismissal and adverse action. Amy acts for a range of clients, including multi-national corporations, ASX and NASDAQ-listed companies and SMEs, across a range of industries. Amy is also a regular contributor and commentator on workplace law and law reform in industry publications and the media
Justin Pen, Solicitor, Harmers Workplace Lawyers
Justin is a solicitor at Harmers Workplace Lawyers and practises in all areas of employment law, including discrimination and human rights law and work health and safety law. He has previously worked as an employment lawyer at the Marrickville Legal Centre and as a Tipstaff to a Justice of the Supreme Court of New South Wales. Justin acts for both employees, including marginalised and vulnerable workers and senior executives and high net-worth individuals, and employers, including SMEs and large national and multi-national companies, in advisory and litigious matters. In 2020, Justin was a finalist in the 30 under 30 Award in the Employment and Workplace Relations category and, in 2017, won the 2017 NSW Young Lawyers’ McCallum Medal.
Tamara Daran, Legal Director & Company Secretary, South Pacific, Colgate-Palmolive Company
Tamara Daran is currently the Legal Director and Company Secretary for Colgate-Palmolive, South Pacific, based in Sydney. Tamara’s expertise across a number of areas of Law but her primary focus is on commercial, corporate, competition & consumer law as well as general compliance, including anti-bribery and data privacy. Tamara’s passion lies in proactive engagement through compliance training and education, translating the law to all levels of an organization ensuring relevant legal principles are clearly understood across both developed as well as developing markets. Tamara is also a mother of three children and passionately enjoys yoga, meditation and running.
Craig Badings, Partner, SenateSHJ
Craig has over 30 years’ experience counselling major corporations and senior executives on issues and crisis management, reputation protection and recovery, media relations and profile management as well as thought leadership in the healthcare, financial and professional services, biotech, medical devices, education, property, construction, FMCG, telecoms, manufacturing, not for profit, IT and government sectors. He has worked with numerous legal firms and in-house legal counsel across a range of crises. He recently contributed to Dr Tony Jaques’ latest crisis communication book: Crisis Counsel: Navigating Legal and Communication Conflict.
Kathryn Finlayson, Partner, MinterEllison
Kathryn is a dispute resolution specialist, with a particular focus on competition, regulatory and administrative law matters for regulated industries. She works with clients in the energy and resources, infrastructure, agribusiness, government and health industries to resolve high risk, complex regulatory investigations and commercial disputes. She has significant experience in difficulty regulatory matters and has acted for a number of major clients under investigation by the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission and industry specific regulators and in subsequent proceedings, including in relation to cross-border enforcement and managing multiple regulatory investigations across jurisdictions.
Judy Tomas, General Manager Commercial, Contracts and Compliance, Mission Australia
With more than three decades in the legal profession, Judy Tomas is currently Legal Counsel & General Manager Commercial, Contracts and Compliance at national charity, Mission Australia. Up until recently she led the legal servicing for the Housing, Finance and IT functions to deliver wellbeing and housing outcomes for vulnerable Australians. Judy now collaborates with the legal function as client and responsible for setting up a dedicated contracting, compliance and governance function for Housing. Judy assists stakeholders to deliver on strategy with commercial astuteness whilst navigating the regulatory and governance environments, utilising her knowledge of the community housing sector, dealing with government and legal speciality in property law and financing of development projects.