In-House Counsel Conference: Legal & Commercial Imperatives
Keep up to date with directors best interests duty. Learn what the new National Anti-Corruption Commission means for In-house counsel. Step through reviewing insurance contracts. Stay abreast of workplace relations law. Understand major changes to Privacy, including significant penalties for cyber breaches. Gain your core CPD points while examining digital practice, Security of Critical Infrastructure, contracts for climate risks & your ethical duties. 233N19
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Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
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
Session 1
The Top Legal & Commercial Issues for In-House Counsel in 2023
Chair: Kevin McCann AO, Chairman Telix Pharmaceuticals Limited; former Chairman Macquarie Group Limited and Origin Energy Limited; Trustee Sydney Opera House; former and Chairman, Allens
9.00am to 9.45am Best Interests Directors Duty Examined
- Current judicial interpretation
- Identifying the company’s best interests
- Relevance of wider stakeholder interests
- Traditional Owners’ rights
- Workplace culture
Presented by Andrew Lumsden, Partner, Corrs Chambers Westgarth
9.45.am to 10.45am Reviewing Insurance Contracts: Tips & Traps - A Practical Approach for In-House Counsel
- Reviewing insurance contracts at short notice: what to look for in your policies
- Contracting and insurance
- Key issues to watch for when negotiating commercial contracts
- Risks when evaluating a counter-party's insurance
- Complying with key policy terms and pre-contractual duties
- How to track, record and report notifiable incidents practically, including how to roll out a compliance regime for this
- Declared values in property and BI covers
- Developments in D&O, Cyber, and Property insurance
Presented by Andrew Gray, Partner, HWL Ebsworth and Kate Williams, Head of Commercial Law Australia, Aon
10.45am to 11.00am Morning Tea
11.00am to 12.00pm Workplace Relations & Employment Law
- Workplace law reform in 2023 - Multi employers bargaining, simplified awards, enterprise bargaining and beyond
- Employment law hot topics and trends: worker categorisation, psychosocial work hazards and sexual harassment
- The emergence of WHS / employment law – key points for consideration
Presented by Drew Pearson Partner, Herbert Smith Freehills
12.00pm to 12.30pm Privacy Law Update – What In-House Counsel Need to Know
- The Privacy Act Review
- New rights and obligations
- Interplay with cybersecurity and related legislation
- Preparing your organisations
Presented by Olga Ganopolsky, General Counsel – Privacy and Data, Macquarie Group Limited; Chairperson, Business Law Privacy Sub-committee, Law Council of Australia
12.30pm to 1.15pm The National Anti-Corruption Commission (NACC)
- Powers and thresholds:
- similar to a Royal Commission
- investigate ministers, parliamentarians and their staff, statutory officer holders, employees of all government entities, and contractors.
- investigate both criminal and non-criminal corrupt conduct, and conduct occurring before or after its establishment.
- investigate conduct by a public official that involves an abuse of office, breach of public trust, misuse of information or corruption of any other kind.
- investigate conduct by any person that could adversely affect the honest or impartial exercise of a Commonwealth public official's functions.
- Investigate serious or systemic corrupt conduct.
- convene public hearings in exceptional circumstances and if satisfied it is in the public interest to do so
- Broader integrity reforms
- Prevention and education functions
- Protections and safeguards
- Reputational safeguards
- Whistleblower protections
- Protections for journalists
Presented by Geoffrey Watson SC, New Chambers, Director Centre for Public Integrity, Former Counsel Assisting ICAC and Police Integrity Commission
Session 2
CPD Compulsory Units for In-House Counsel
Chair: Lyndall Stoyles, Group General Counsel Telstra
Practice Management & Business Skills
1.45pm to 2.15pm Responsible Digital Practice of Law In-House
- Communicating with your in-house client - managing physical and platform proximity
- Dealing with external providers including law firms – due diligence and data management
- How to discharge your professional legal responsibilities in an in-house digital environment looking at a range of technology scenarios including, privacy impact assessments, document retention and technology contracting
Presented by Katherine Sainty, Director, Sainty Law and Olga Ganopolsky, General Counsel – Privacy and Data, Macquarie Group Limited; Chairperson, Business Law Privacy Sub-committee, Law Council of Australia
2.15pm to 2.45pm Implementation of Security of the Critical Infrastructure Framework
- Outline of the Security of the Critical Infrastructure (SoCI) framework in operation, including wider application to communications, data storage & processing, defence industry, energy, financial services & markets, food & grocery, health care & medical, higher education & research, space technology, transport and water & sewerage
- Key features and challenges in reporting, cyber incidents, risk management plans
- Being a System of National Significance
- Recent developments including the risk management program requirements
- Avoiding a breach of the "protected information requirement"
Presented by Professor Patrick Fair, Patrick Fair Associates
Professional skills
2.45pm to 3.45pm Climate Aligned Contract Negotiation and Drafting for In-House Counsel
- Contracting for climate: risk allocation tool
- Contracting for climate: opportunities and value capture
- Future proofing contracts
- Influencing emissions reduction outside business fence line
- Legal sector collaboration on a global scale
- Climate clauses - across the legal lifecycle and some examples
- Five drafting mechanisms to consider when drafting for climate
Presented by Phoebe Roberts, Senior Associate, MinterEllison
3.45pm to 4.00pm Afternoon Tea
Ethics & Professional Responsibility
4.00pm to 5.00pm PANEL DISCUSSION: Ethical Duties for In-house Counsel within their Organisation
The panellists will share their knowledge and experience in navigating ethical duties in relation to:
- Addressing unconscious bias
- Identifying wilful blindness
- Diversity and inclusion as an ethical requirement
- Cultivating an inclusive and supportive workplace
- Mentoring and coaching
Panellists:
Phil Gardner, Chief Executive Officer Australian Business and Community Network
Lucinda McCann, General Counsel Australian Prudential Regulation Authority
Lyndall Stoyles, Group General Counsel Telstra
Katriina Tahka, Managing Director & Co-Creator, Cultivate Sponsorship
Presenters
Kevin McCann AO
Kevin McCann is Chairman of Telix Pharmaceuticals Limited, China Matters and Blueprint Institute. He is a Trustee of the Sydney Opera House Trust, a member of the School of Project Management - Advisory Board, a Member of Barker College Council, and Origin Foundation Pty Limited. He is a former Chairman of Macquarie Group Limited and Macquarie Bank Limited, Origin Energy Limited, Healthscope Limited and ING Management Limited, Fellow of the University of Sydney and former Chair of the Sydney Harbour Federation Trust and the National Library of Australia Foundation and Vice Chairman, New Colombo Plan Reference Group.
Andrew Lumsden
Andrew Lumsden advises corporate clients in all aspects of mergers and acquisitions and corporate and securities law. Andrew advises corporate clients in all aspects of mergers and acquisitions and corporate governance, as well as contested and negotiated takeovers, fundraising and corporate and securities law matters. He has a 20 year reputation for delivering high quality results in ground breaking transactions. Andrew is known for his ability to develop innovative solutions. From 1998 to 2001 he was the Chief of Staff for the Hon. Joe Hockey MP, then Minister for Financial Services & Regulation. Andrew has been the co-chair of Corrs' China Practice Group for more than 10 years. Andrew is a former member of the Takeovers Panel, a member of the Corporations Committees of both the Law Council of Australia and the Australian Institute of Company Directors, the Regulatory Compliance Group and Company Reporting Subcommittee of the Financial Services Institute of Australasia and an Adjunct Faculty member of The University of Sydney Faculty of Law.
Geoffrey Watson SC
Geoffrey Watson SC is a barrister with practical and academic experience in the area of anti-corruption law and related integrity issues. He has been an adviser on these issues to most Australian governments and a few foreign governments and agencies. He was most recently a member of the Attorney-General’s consultative committee on the creation of the National Anti-Corruption Commission.
Andrew Gray
Andrew Gray is a Sydney-based lawyer with over 25 years’ practical experience in insurance, reinsurance and alternative risk transfer markets. Working across Australia, Asia and Globally, Andrew has held senior in-house roles with Aon and HIH Insurance. Andrew’s focus is on assisting Australian-based clients, including in-house colleagues, to generate innovative and practical solutions across the full range of challenges and opportunities that present in risk management, risk transfer and disputes/litigation.
Kate Williams
Kate is the Head of Commercial Law for Aon, Australia specializing in both insurance and commercial law. Kate started her career as an insurance litigator before moving in-house a number of years ago. Her experience spans the more tradition insurance practice including indemnity disputes, litigation, and policy advice to now supporting a large corporate organisation to manage risk and operate effectively in a highly regulated market. Kate brings a mix of specialized technical skill, a commercial approach and extensive litigation experience to lead a team of lawyers providing contract, regulatory and general legal advice to support business operations, growth initiatives and ongoing development at Aon.
Drew Pearson
Drew Pearson is a Partner in Herbert Smith Freehills’ Employment, Industrial Relations & Safety group based in Sydney. Drew works with commercial, government and not for profit clients across a range of industries, sectors and geographies. He has a wealth of experience advising employers in all areas of Australian industrial relations and employment law, something which he is able to utilise for workforce planning roles across the region. Clients benefit from Drew’s ability to cut through legal complexity and protect their business from risk whilst encouraging great workplace cultures to thrive. Drew has been recognised in a variety of directories including Best Lawyers (Labour & Employment Law), the Legal 500 – (Australia Labour and Employment) and Doyle’s Guide (NSW Recommended Employment and Workplace Relations Lawyer).
Olga Ganopolsky
Olga Ganopolsky is Macquarie Group’s General Counsel - Privacy and Data and is versed in the subject of data protection with extensive experience in detailed privacy policy challenges, law reform and ongoing management of legal and strategic issues. Much of Olga’s work involves implementing new technologies and addressing privacy requirements in an increasingly complex co-regulatory and sometimes contentious environment. Most recently this has included work on implementations of GDPR and the reforms to Security of Critical Infrastructure Act and related regimes, artificial intelligence, CPS 234, Covid-19 related matters, the Consumer Data Right and addressing cross border issues considering the Schrems II Decision of the European Court of Justice and the newly updated Standard Contractual Clause as approved by the Commission.
Lyndall Stoyles
Lyndall Stoyles is Telstra’s Group General Counsel & Group Executive Sustainability, External Affairs & Legal, joining the company on 1 April 2020. In addition to providing legal counsel to the Telstra Board and CEO, Lyndall leads a function responsible for providing legal counsel, policy advice, stakeholder management and community programs across government relations, regulatory and compliance, sustainability and regional affairs. Lyndall has significant experience in legal and external relationship roles and joins Telstra from Caltex where she was Executive General Manager for People, Communications and Governance as well as Group General Counsel and Company Secretary. At Caltex, she led a team of 120 people, focussed on how drawing on the capability of the legal, risk, corporate affairs and HR professionals to better manage Caltex’s non-financial risk, protecting and promoting Caltex and empowering its people. Prior to this, she was Group General Counsel and Company Secretary at Asciano where the team managed the commercial and regulatory issues in the rail and ports industries during a time of fundamental industry change, including structural changes to the competitive dynamics of the ports industry. She was previously Senior Legal Counsel and GM External Relations at Patrick, part of the Asciano group of companies. She has a background in competition law and access regulation, having spent 15 years at Clayton Utz where she worked in the Corporate and Competition law teams. Born in regional NSW but growing up in Sydney, Lyndall studied law at the University of Sydney. She has a passion for breaking down barriers and prejudices, creating opportunities for inclusion and building diverse teams. Lyndall has balanced her corporate career with an interest in a range of social justice issues and has worked in the not-for-profit sector with organisations involved in the indigenous community and asylum seekers.
Katherine Sainty
Katherine Sainty is the founder of Sainty Law, a commercial law firm with specialist expertise in the digital industries and not for profit sector. For many years Katherine has advised major media, technology and communications companies as well as government. Her current focus is advising clients on legal and regulatory issues and strategies to succeed in the expanding digital economy. Clients include digital media companies, broadcasters, ISP and IT companies, content creators and not for profit organizations. She is a frequent commentator and speaker in public forums on digital business issues, most recently on broadband as the driver of the digital economy and the challenges and opportunities that Social Media offers business. Katherine was formerly a partner at Allens and has been recognized as pre-eminent in her field by her peers (in Chambers Global, The World's Leading Lawyers).
Professor Patrick Fair
Patrick Fair is the principal of Patrick Fair Associates, an Adjunct Professor at the School of Information Technology, Faculty of Science, Engineering and Built Environment at Deakin University, the Chairman of the Communications Security Reference Panel at the Communications Alliance, a member of the IoT Alliance of Australia Security Workstream Member Technical Advisory Standing Committee auDA and General Advisor to and an author of LexisNexis Practical Guidance Cybersecurity, Data Protection and Privacy.
Phoebe Roberts
Phoebe is a Senior Associate in MinterEllison's market leading Climate and Sustainability Risk Governance team. She is considered a leading expert on contractual climate risk exposures (and opportunities) and the implementation of decarbonisation strategies, particularly in the built environment. With a background in delivery of construction and infrastructure projects both in Australia and the UK, Phoebe brings a specialist understanding of the complex legal and commercial nature of procurement and supply chains to climate risk advisory. Phoebe is the Co-Lead of APAC and Director of Implementation at The Chancery Lane Project (TCLP), a global collaboration mobilising the legal profession to re wire contracts and laws to tackle climate change. Phoebe regularly convenes and delivers workshops across APAC, the UK and EU with lawyers and industry experts to address climate change related risks and embed climate solutions into commercial contracts. Phoebe leads TCLP’s Built Environment workstream.
Phil Gardner
Phil started as Chief Executive Officer at the Australian Business and Community Network (ABCN) in June 2022. Phil began his career in the finance sector, first with Macquarie Bank in Sydney then working for Goldman Sachs in London, Singapore and Sydney. He joined NSW Treasury in 2015 where his final position was as Deputy Secretary, Commercial and Procurement Group. During his time with NSW Treasury, Phil was on the boards of the NSW Telco Authority and NSW Treasury Corporation (TCorp). Phil supports those living with Type 1 Diabetes as a member of the Juvenile Diabetes Research Foundation Finance Committee in Australia. He and his wife, Kirsty, have three young adult children and are based in Sydney.
Lucinda McCann
Lucinda McCann is the General Counsel of the Australian Prudential Regulation Authority (APRA) and joined APRA in January 2020. She leads the APRA legal function which comprises over 55 lawyers and investigators who are organized into 6 teams, being Banking, Insurance, Superannuation, Litigation, Investigations and Enterprise & Corporate. Prior to joining APRA, Lucinda was General Counsel for AMP Australia and led a team of around 35 financial services and banking lawyers who supported AMP’s Advice, Superannuation, Platforms, Banking, Customer, Marketing and Sales business areas. Lucinda also acted as a director of several AMP Group subsidiary companies which hold Australian financial services licenses. Prior to being at AMP, Lucinda was a partner at Henry Davis York, then an Australian national law firm based in Sydney, Brisbane and Canberra. Lucinda holds a BA (Hons), LLB and Graduate Diploma of Legal Practice from the Australian National University and holds an LLM from Sydney University. Lucinda is also a Graduate of the Australian Institute of Company Directors’ course.
Katriina Tahka
Katriina Tahka practiced as an employment lawyer for many years (both in-house and in legal practice) before specialising in Inclusion. After years of seeing little progress, Katriina founded and leads two companies delivering different solutions: A Human Agency (expert workplace culture, inclusion + behaviour change advisory firm) and Cultivate Sponsorship (an online leadership development program which builds progression pathways through the strategic partnering of a leader with emerging talent in a sponsor/sponsee relationship). Katriina has a deep commitment to building inclusive workplaces, especially pathways for non-traditional talent into male dominated industries. Katriina has been appointed as Deputy Chair of the Roads Australia Diversity + Inclusion Committee in recognition of her expertise across industry; and is now instrumental in setting the strategic direction and delivering tangible outcomes for both Roads Australia members as well as the industry more broadly. Katriina works across multiple industries, government and NFP organisations with a focus on building organisational and individual capability and capacity. With the skills shortage biting the bottom line across many workplaces and industries, now more than ever employers need to be thinking differently about how they can build human friendly workplaces.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km