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
Description
Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
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
Presenters
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.
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.
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.
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.