Saturday 10 Points in One Day
Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.
Description
Featuring pre-eminent and leading silks, barristers and solicitors, gain insights and practical guidance you can utilise in your everyday practice while gaining all of your CPD points without missing a day in court or the office. Attend the full day or just the sessions relevant to your practice.
Attend and earn 10 CPD units including:
7 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This conference was recorded in VIC on 23 March 2019
Session 1
CPD Compulsory Units for All Lawyers
Chair: Cin Dy Wong, Senior Associate, HWL Ebsworth
Practice Management & Business Skills
7.30am to 8.30am: How to Build a Remarkable Service Culture to Win and Retain more Clients
- Understand the risks of your clients' increasing focus on service excellence
- Consider what clients value and now demand from a legal service
- Explore the four key building blocks for uplifting the clients' experience of your firm
- Innovate your service with Design Thinking to "wow" clients and standout
Presented by Carl White, Director and Chief Experience Officer of CXInlaw
Ethics & Professional Responsibility
8.30am to 9.30am: Stress Management for Lawyers: Your Professional Responsibility to Reduce Stress
- How to maintain your personal well-being and achieve longevity in your legal career
- Recognising your professional responsibility and ethical obligations when dealing with stress in your own practice
- Maintaining a healthy work/life balance: Is it possible?
- Duties and obligations to disclose stress in yourself and others
Presented by Adrienne Trumbull, Senior Associate, Hive Legal
Professional Skills
9.30am to 10.30am: Protecting Privileged Evidence and Avoiding Inadvertent Waiver
- Exclusions from evidence as a part of general proceeding, and preparation
- Written evidence as an exercise in precision
- The impact of court rules and procedure upon evidentiary matters
- Special evidence: the role of exclusions, privilege and privilege against self-incrimination
Presented by Sarah Worsfield, Barrister, Green’s List
10.30am to 10.45am Morning Tea
Session 2
Contract Disputes and Settlement of Litigation
10.45am to 11.45am: Revisiting Settlements
- Objectives and form of settlement
- Legal analysis of terms of settlement and practical matters
- Enforcing a settlement
- Recent developments and future problems
- A checklist for settlement of commercial disputes
- Resources and further reading
Presented by Ian UpJohn QC, Howell’s List
11.45am to 12.45pm: Shifting Risks and Liabilities under Contract: Exclusion, Indemnity and Insurance Clauses
- Limitation of liability and exclusion clauses: How effective are they?
- Drafting and interpreting indemnity clauses
- How insurance clauses work, and what happens when a party fails to effect insurance
Presented by Suzanne Kupsch, Barrister, Young’s List
12.45pm to 1.45pm: Issues in Contract Disputes
- Some issues in construing contracts
- Issues with repudiation, restitution & rescission
Presented by Dr Phillip Bender, Barrister, List A Barristers
1.45pm to 2.15pm Lunch
Session 3
Insolvency, Employment and Property Law
Chair: John Sinisgalli, Principal, Sinisgalli Foster; Accredited Specialist in Commercial Litigation
2.15pm to 3.15pm: Insolvency Law Reform and the Increased Rights of Creditors in External Administrations
- The ways in which creditors can influence the conduct of external administrations
- What rights are afforded to creditors under the Insolvency Law Reform Act 2016?
- The role of creditors in insolvency litigation
Presented by David Grant, Partner, Logie-Smith Lanyon Lawyers
3.15pm to 4.15pm: When Friend Turns Foe: Recent Developments in Remedies Available to Employers Against Departing Employees who Wrongfully Cause them Economic Loss
Consider the causes of action and remedies available to employers where departing employees wrongfully cause them economic loss by breaching their:
- Post-employment restraints
- Express and implied contractual obligations
- Equitable duties (including fiduciary duties and duties of confidence)
- Obligations under the Corporations Act 2001 (Cth)
- Analyse the recent decision of the High Court in Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited & Anor [2018], which considered the liability of competitors who are "knowing participants" in employees’ dishonest and fraudulent breach of their fiduciary duties
Presented by Jonathan Davis QC, Young’s List and Andrew Crocker, Special Counsel, HWL Ebsworth
4.15pm to 4.30pm Afternoon Tea
4.30pm to 5.30pm: Latest Cases, Legislation and Trends in Property Law
- Updated Contract of Sale of Real Estate in response to the recent sun-setting of the Estate Agents (Contracts) Regulations 2008; commissions under an invalid agency agreement (Advisory Services Pty Ltd (t/a Ray White St Albans) v Augustin & Anor [2018] VSCA 95)
- Off the plan shakeup: changes to the Sale Of Land Act 1962 (VIC); Lo v Russell [2016] VSCA 323; Downing v Lau [2018] VCC 33
- Landlord's obligations to repair under s.52 and compensation under s.54 of the Retail Leases Act 2003 (Versus (Aus) Pty Ltd v A.N.H. Nominees Pty Ltd (Remitted) [2017] VCAT 859)
- Non-compliant cladding in subdivision property: Lacrosse, Grenfell, changes to the Building Code of Australia and Building Amendment (Registration of Building Trades and Other Matters) Bill 2018
- Short term letting, Airbnb Owners Corporation PS501391P v Balcombe (Owners Corporations) [2015] VCAT 956 (29 June 2015); Byrne v The Owners of Ceresa River Apartments Strata Plan 55597 [2016] WASC 153 (20 May 2016); O'Connor & Ors v The Proprietors, Strata Plan No.51 (Turks and Caicos Islands) [2017] UKPC 45; Owners Corporations Amendment (Short-stay Accommodation) Act 2018
- Recent cases
Presented by Tim Graham, Partner, HWL Ebsworth
5.30pm to 6.30pm: Retail and Commercial Leasing Update
- Who is a retail tenant? Is it clear anymore?
- Ratchet clauses: are they really dead?
- Cautionary tales from recent mega litigation
Presented by Fabian Brimfield, Barrister, Svenson’s Barristers