• Substantive law

• Terms implied by common law 
• Terms implied by statute
• Illegal, void and unfair terms 
• The penalty doctrine 

• Substantive law

• What is a trust?
• Discretionary trusts
• Superannuation
• Different types of trusts
• Trustee's duties and powers

• Practice management and business skills

The Personal Property Securities Act (PPSA) has now been in operation for a couple of years and it is a good time to review. This course reviews the PPSA laws with a focus on the impact the PPSA has had on leasing and conveyancing transactions.

• Ethics & professional responsibility 

Successful damages claims against tobacco companies are rare but on 23 March 2002, Eames J of the Supreme Court of Victoria struck out the defence of British American Tobacco Company Australia Services Limited (‘BAT Australia’) and awarded judgement to the plaintiff, 51 year old Rolah McCabe.

Part one of this course looked at the McCabe case and reviewed how it was run, with a focus on the discovery process.  It highlighted the issues around the adversarial system regarding document destruction and consequences. 

Part 2 focuses on the ethical issues raised in the McCabe case.

To understand:

• The tobacco litigation culture
• The relationship between the corporate lawyers and their clients 
• The paramount duty to the court
• The professional and ethical significance of the interdependence of corporate lawyers and their clients

• Practice management and business skills

• Practice management and business skills

• A summary of the major cases;
• Principles and tips for the drafting of such clauses; and
• a discussion of issues relating to the use of mandatory mediation and arbitration
• An understanding of the major legal issues surrounding the drafting of dispute resolution clauses
• An understanding of the Model Commercial Arbitration Acts
• An understanding of the range of dispute resolution options available.

• Practice management and business skills

Attorneys: financial misconduct and asset retrieval – compensation for a principal under the Powers of Attorney Act 2014, a panel presentation by Dr Elizabeth Brophy, Eleanor Coates and Teri Konstantinou.

Dr Elizabeth Brophy – s 77 Compensation for acts of attorney

Eleanor Coates – Outline of Defences and time limits for applications

Teri Konstantinou – Compensation for a Principal under the Powers of Attorney Act 2014 Which Jurisdiction? Supreme Court or Victorian Civil & Administrative Tribunal

• Practice management and business skills

• Overview of discovery
• Discovery – narrowing the categories
• What is a reasonable search?
• Consequences of insufficient discovery
• Jurisprudence

• Introduction to the NSW experience
• Function of discovery
• What is necessity and exceptional circumstances
• Practical consequences

• Practice management and business skills

This one-hour course is designed to make sure that you are aware of the key sections of the new Uniform Law, with a focus on complaints and any disciplinary action that the Legal Services Commissioner and the Legal Services Board is empowered to undertake.

Often the easiest way to explain the provisions is to paraphrase them and link the section as we have done throughout. We have broken this up with some activities and cases that have already been heard under the new laws.

Learning Outcomes:

• To be familiar with the new Uniform Law with a focus on disciplinary actions available; 
• To know what behaviours could amount to misconduct
• To know what penalties are available; and
• To understand the complaint and disciplinary process. 

• Practice management and business skills

This course covers the following subjects:

• Introduction
• Jurisdiction Issues
• Limitation Periods and Claims Under the SOP Act
• Procedure
• Insurance Issues
• Termination Issues
• Defective Work Issues
• Variation Issues
• Payment Issues
• Delay Issues
• Costs
• The New Reforms
• Questions and Discussion

• Practice management and business skills

The use of computer systems by employees leads to increased productivity, but with this comes increased risk. The Acceptable Use Agreement (AUA) is a contractual mechanism for managing this risk.

This course is designed to:

• Provide an understanding of why acceptable use agreements are used;
• Highlight the key areas that need to be considered when drafting acceptable use agreements; and
• Recommendations on the implementation of AUA’s.

• Professional skills

This course looks at ten issues of significance to consider when drafting such terms of agreement, with relevant cases and articles referred to.

This course aims to provide the legal practitioner with:

• an understanding of some of the major legal issues surrounding the drafting of terms of settlement after resolution of the dispute;
• some essential issues relevant to litigation; and
• an understanding of the range of dispute resolution options available.

Learning outcomes

• To be aware of the issues that need to be addressed in drafting effective terms of settlement that capture the agreement between the parties.
• To understand the context for the drafting of such terms, and reasons settlement can be thwarted, for example by the use of vague language or leaving gaps in the terms.

• Ethics and professional responsibility

Key topics covered include:

• A scenario upon which the course is based
• Prior to the hearing
• Arriving at court
• Engaging in discussions
• The etiquette of appearing
• The substance of your appearance
• Problems you might encounter

• Ethics and professional responsibility 

The ethics of civil actions generally is something rarely considered. Lawyers are typically concerned about personal professional ethics rather than with broader ethical questions. 

This course looks at the broader questions such as conflict of interests between litigation funders and applicants, the problems around cost risks, and summarises the Australian Law Reform Commission Report delivered in January 2019, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders.

• Practice management and business skills

This is an introduction to block chain technology for lawyers with an update on the crash of cryptocurrencies in 2018. 

Clearly, a technology capable of rendering banks, governmental functions and many long-established business processes nearly irrelevant cannot help but affect the practice of law. You can let your imagination run with that for a moment. Changes are already taking shape in the fields of securities, real estate, insurance, intellectual property, and banking and so on. 

• Professional skills

• Substantive law

This course is designed for all lawyers wishing to refresh their contract law knowledge.

Learning Outcomes: 

This one hour course is designed to make sure you are aware of:

• Terms implied by common Law (Part A)
• Terms implied by Statute (Part B)
• Illegal, void and unfair terms (Part C)
• The penalty doctrine (Part D)

• Practice management and business skills

• Tips for preparing your organisation for its media engagements;
• advice and suggestions for making the most of your media opportunities;
• and tools for shaping your media encounters

• Practice management and business skills

• the legal system and institutions in the UK
• know the key resources available for research

• Professional skills

The Briefing Counsel course covers the following key topics in order to ensure the efficient and cost effective use of counsel:

• An introduction, background and history of briefing
• When to brief
• Who to brief
• How to brief
• Preparing for and instructing in court
• Direct briefing
• Seminar questions and discussion