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Mandatory Rule 6.1 - The new world of legal practice - pre-recorded webinar

3 CPD Unit Pre-recorded webinar    
EthicsEssential
Practice management and business skills
Professional skills
Online

Hear from legal experts as they discuss some of the current issues faced by legal practitioners while earning three CPD units. 

Topics include:

  • Legal ethics in a brave new world

  • Survive and thrive in legal practice: the art of getting paid

  • Remote working and other practice management tips for the new world of legal practice

This program complies with the Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 under the Legal Profession Uniform Law requirements of Ethics and Professional Responsibility, Practice Management and Business Skills, and Professional Skills.

Recorded on 21 July 2020

Paul Monaghan, Senior Ethics Solicitor, The Law Society of NSW

Madeleine Porter, Solicitor, Professional Support Unit, The Law Society of NSW

Glenda Carry, Regulatory Compliance Solicitor, The Law Society of NSW

3 CPD units

Member $170.00
Non-Member $240.00

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Business Law - Business succession planning and superannuation

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This presentation will focus on the legal and practical issues which legal advisors and their clients should consider when addressing the topic of business succession planning for private businesses. In particular, this session will cover the following key topics:

  • The value of an effective and well drafted buy/sell agreement for multi-owner businesses.
  • Key terms of a buy/sell agreement.
  • Funding issues and structuring insurance arrangements.
  • Issues with superannuation policy ownership.
  • Tax implications arising from buy/sell arrangements.
  • Other stakeholder agreements (such as shareholder agreements, partnership agreements and unitholder agreements).
  • Employment / management succession plans.
  • Intergenerational family succession planning.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Amanda Comelli*, Senior Associate, Brown Wright Stein

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Drafting contracts of employment

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

At the most basic level, an employment relationship is a contractual relationship between an employee, who promises to perform duties for an employer, and an employer, who agrees to remunerate the employee for that service.  An employment contract may be verbal or in writing, and when in writing it can be constituted by one document or a series of communications.  It is best practice to have a comprehensive, written contract of employment in place for all employees, but unfortunately not all employment contracts are created equal.

In this presentation, we will cover:

  • what should be included in a written contract in relation to an employee's duties, types of employment, hours of work and location;
  • how an employee's remuneration and other financial and non-financial benefits should be dealt with in the contract;
  • why it is important to include effective confidentiality restrictions and intellectual property protections;
  • how to deal with the termination of the employment relationship and related issues;
  • how to prepare and draft effective post-termination restrictions; and;
  • how an employment contract interrelates with relevant modern awards, enterprise agreements, the National Employment Standards, and company policies and procedures.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Brett Feltham*, Partner, Gadens

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Intellectual property law: conducting business in the new digital environment

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Michael Williams, Partner, Gilbert + Tobin

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law - Update on franchise law including buying and selling franchises

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Disclosure and obligations of good faith - Some recent cases concerning breaches of the Franchising Code of Conduct prosecuted by the ACCC and what we have learnt concerning obligations of good faith and disclosure.

Civil Penalty Provisions - Powers of the Court to impose civil penalties on directors or officers that do not act in accordance with the Franchising Code of Conduct.

Advising franchisees/franchisors.

Issues concerning the exercise of options to extend the franchise agreement.

Issues concerning the restraints contained in a franchise agreement and how that may be impacted by Section 23 of the Franchising Code of Conduct.

Matters concerning territorial breaches and parties’ obligations to observe a territory that forms part of the franchise agreement.

Dealing with operational breaches of a franchise.

Occupancy of premises by a franchisee and their inclusion in the franchise agreement.


Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Nick Birbas*, Partner, Newhouse & Arnold Solicitors

1 CPD units

Member $90.00
Non-Member $125.00

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Business Law- Legislative developments around insolvency law

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

2020 has been a strange year for everyone – and the same is true in insolvency law reform. This session will cover law changes at the start of the year which significantly increased the personal liability of directors; and also the governments attempts to clamp down on the unhelpfully named ‘illegal phoenixing’.
Further significant law reforms were introduced to alleviate the impact on businesses and give protection to directors during COVID-19. Some of these reforms have been extended and some may become permanent – time will tell. Now at the end of the year the government has introduced what it says is the most significant law reform in insolvency in 30 years – which doesn’t explain why the Government only allowed 5 days’ consultation on the draft legislation; why it still hasn’t released the regulations which will contain the substantive parts of the new law; or why it is still proposing to have the new laws commence on 1 January 2021. 2020 has been an ‘interesting’ year in insolvency and 2021 may be even moreso.

Proudly sponsored by:
Lawcover
Recorded on 27 November 2020
Stephen Mullette*, Principal, Matthews Folbigg Lawyers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Australian Consumer Law - 10 years on

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

It has been almost 10 years since the Australian Consumer Law was developed by agreement of the Council of Australian Governments, replacing 20 difference consumer laws across the Commonwealth, state and territory jurisdictions. Join accredited specialist, Flo Mitchell, in this session examining the impact and case law relating to the regime, with a focus on section 18 claims.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Flo Mitchell*, Partner, FM Legal

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Building and construction law update

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

At the heart of large construction and engineering projects are the risk allocation arrangements. As part of that, principals usually require contractors to provide performance bonds/guarantees. There was a growing trend in the case law that these performance bonds were prima facie to be regarded as risk allocation devices such that when a dispute broke out, the party providing the bond was the one to be out of pocket until the dispute was resolved. 

This constituted an obstacle to those who provided these bonds in obtaining interim injunctions restraining calls on them. Eye watering amounts are involved in these types of cases with bonds often denominated in the scores of millions of dollars so the approach to construction has serious real world impact. However, the NSW Court of Appeal may have signalled a step back from that position in Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291; (2017) 96 NSWLR 329, namely that the correct way to approach the true construction of clauses providing for such bonds is on general principles relating to the construction of commercial contracts. 

This is an approach that now appears to have been taken up by at least one other intermediate appellate court, namely JKC Australia Lng Pty Ltd v CH2M Hill Companies Ltd [No 2] [2020] WASCA 112. Kawasaki also considered the impact of an arbitration clause on what interim relief (if any) a court ought provide. This presentation will take a brief look at where we have come from in this regard, where we are now and what the future trend in this area is likely to be.


Proudly sponsored by:
Lawcover


Recorded on 26 November 2020
Sydney Jacobs, Barrister, 13 Wentworth Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Equitable remedies in commercial proceedings

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will provide practical guidance on equitable remedies in commercial litigation.  It will cover the fundamental principles of, and latest developments in, equitable commercial remedies including injunctions, declarations, equitable compensation, specific performance, freezing orders and search orders.  It will be of particular benefit to practitioners practising in commercial litigation in the superior courts.  By the conclusion of the session, attendees will understand the advantages these remedies can offer, how to obtain them, and the key strategic considerations for practitioners in light of the latest developments in this field.  

Proudly sponsored by:
Lawcover
Recorded on 24 November 2020

Charles Colquhoun, Barrister, Tenth Floor Chambers

Bradley Smith, Barrister, Tenth Floor Chambers


1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Forensic accounting for specialists

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

In this session delivered by barrister Andrew Bulley, the interaction between two presumptions will be explored: that of Result Trust and that of Advancement. The presentation will describe in detail both presumptions and factual scenarios in which a presumption may arise, the evidence required to rebut a presumption and possible consequences of rebuttal. Viewers will also be taken through a recent case study (Zhang v Metcalf; Metcalf v Zhang [2020] NSWCA 228 to assist in understand the presumptions in practice.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Nigel Cotman, Retired Barrister, formerly of New Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Frustration of contracts and force majeure

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

  1. Introduction – why is it important to know about frustration and force majeure?
  2. Force majeure
  3. Doctrine of Frustration

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Edwina Kwan, Partner, King & Wood Mallesons

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Outlines of evidence in the Federal Court of Australia

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Join barrister, Alexander Vial, for a session examining best practice for the use of outlines of evidence. The session will cover the circumstances and reasons for use of outlines of evidence, the relevant legislation and rules, as well as risks and criticisms of use. Viewers will also gain practical tips for drafting and structuring outlines of evidence.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Alexander Vial, Barrister, 5 Wentworth Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Practical and procedural tips for conducting a case in the Commercial List of the NSW Supreme Court

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Court proceedings have been transformed by the impact of the COVID-19 pandemic. This seminar will begin with a synopsis of the current Commercial List approach to online hearings and case management during the pandemic.

The seminar will also address the key practical aspects of Commercial List proceedings, from filing a list statement; procedural case management; the operation of Practice Note SC Eq 11; preparing a court book; objections; preparing for hearing; and of course running the hearing. The presenters will also analyse a recent decision of the New South Wales Court of Appeal concerning the principles of contractual construction (as they apply in commercial cases).


Proudly sponsored by:
Lawcover
Recorded on 26 November 2020

David Sulan, Barrister, Banco Chambers

Ryan Jameson, Barrister, Banco Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - Recent cases in banking and finance

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will address recent developments in banking and finance case law over the last 12 months, including the ‘wagyu and shiraz’ case brought by ASIC against Westpac to clarify the scope of home loan responsible lending requirements, a case about unfair loan terms in Bendigo Bank’s small-business loans, a NSW Court of Appeal decision in which the borrowers raised all of the textbook defences against the bank - breach of contract, misleading or deceptive conduct, unconscionable conduct, breach of the Code of Banking Practice, breach of the National Credit Code and contravention of the Farm Debt Mediation Act 1994 - but still lost, and the upcoming class actions against CBA, Westpac, NAB and AMP for mismanaging superannuation accounts.

Proudly sponsored by:
Lawcover

Recorded on 26 November 2020
Emma Beechey, Barrister, New Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Commercial Litigation - SME insolvency: critique of voluntary administration and safe harbour restructuring, phoenix activity and promised debtor-in-possession reform

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

2020 has been a year for corporate insolvency law that no one could have predicted. After the Pandemic lockdown started many predicted a tsunami of corporate and personal insolvency but this hasn’t happened (yet). Recently, the government announced the most important reform proposal in small-to-medium business insolvency since 1993 (a new debtor-in-possession procedure for SMEs and streamlined liquidations). 2021 should be a big year for insolvency lawyers and this seminar reflects on the legal tools we can work with.

Proudly sponsored by:
Lawcover
Recorded on 26 November 2020
Ben Sewell, Principal, Sewell & Kettle Lawyers

1 CPD units

Member $90.00
Non-Member $125.00

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Compliance risks in the times of COVID-19

1 CPD Unit  Pre-recorded webinar    
practice management
Online

 Hear from one of The Law Society's regulatory compliance solicitors on risks in times of Covid-19 including:

  • Workplace risks
  • Principals’ responsibility
Review 4 vulnerable compliance risks objectives in times of Covid-19
  • Communication
  • File Management
  • Providing Undertakings
  • Remote Supervision

Recorded on 23 June 2020
Frances Moffitt, Regulatory Compliance Solicitor, The Law Society of New South Wales

1 CPD units

Member $70.00
Non-Member $100.00

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Conveyancing essentials in practice

1 March and 8 March 2021
8 CPD Units Live webinar
09:00 AM 12:30 PM


Online

Join accredited specialist in property law Peter Rosier for this interactive two-part online workshop.  Using case studies, you will work through the practical essentials for running a sale and purchase of different residential property types. The course will cover current practice in this constantly changing area of law.

Topics will include:

  • Drafting and interpreting contracts for sale and purchase of land
  • Effecting exchange
  • Transfers, serving and answering requisitions, and working with mortgagees
  • Preparing for settlement
  • Complications with completion
  • Settlement and post-settlement actions

This course is suitable for solicitors who have recently started or plan to start practising conveyancing.

Peter Rosier, Principal Solicitor, Rosier Partners Lawyers, Accredited specialist in property law

8 CPD units

Member $660.00
Non-Member $945.00

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Corporate law case update - pre-recorded webinar

1 CPD Unit Pre-recorded webinar    
substantive law
Online

An update on corporate law: Director's and Officer's duties.

Recorded on 18 March 2020
Professor Jason Harris, Professor of Corporate Law, University of Sydney

1 CPD units

Member $60.00
Non-Member $90.00

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Criminal Law - Body Worn Video Interviews upon arrest - Part 9 of LEPRA avoided: Objectionable?

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

Police questioning is happening in laneways, homes and in hospital beds. With the rollout of new technology, police are now frequently questioning people at the scene of their arrest using body worn video. 

These persons may be orally cautioned but this does not go so far as to “provide for the rights of a person so detained” in accordance with the objects of Part 9 of LEPRA. 

Persons interviewed this way are not afforded the opportunity to receive legal advice prior to questioning. The Custody Notification System for Indigenous persons is not utilised. Part 9 rights are vitiated by this policing technique. 

Practitioners are confronted with the admissibility of evidence gathered in this way. The prevalence of this technique and its use in domestic violence offences are matters of professional concern. 

This presentation will explore whether this evidence should and can be the subject of objection and how to go about making objections.


Proudly sponsored by:

Lawcover

Recorded on 23 November 2020
Robyn Richardson*, Principal Lawyer, Robyn Richardson Law

1 CPD units

Member $90.00
Non-Member $125.00

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Criminal Law - Developments in advocacy and the administration of justice

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will explore developments in advocacy and the administration of justice from both a pre and post COVID-19 pandemic perspective.  

It will examine the policy and operational context of the criminal justice system in NSW pre COVID-19.  Specifically, it will outline how the business of the District Court and the Local Court, and the prison population have been effected by the drivers of the sustained growth in the number of matters brought before the courts, the District Court backlog initiatives, and the raft of legislative reform including the EAGP, sentencing and parole, high risk offender, and Table offence reforms. It will consider how some legislative reform operates disproportionately against the most disadvantaged people in our community.  

The session will then examine the criminal justice system in NSW post COVID-19.  It will look at the safety measures that have had an impact on advocacy in the criminal courts, as well as legislative changes, and consider how they might affect the criminal justice system in NSW into the future.  


Proudly sponsored by 

Lawcover

Recorded on 23 November 2020
Annmarie Lumsden, Director, Criminal Law, Legal Aid

1 CPD units

Member $90.00
Non-Member $125.00

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Criminal Law - Insights into the Office of the Director of Public Prosecutions NSW

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session gives an overview of the operations of the Office of the Director of Public Prosecutions (NSW) including structure, workflow and workload. The session explores some of the challenges faced by the ODPP including the impact of legislative reform and this risk of vicarious trauma to their staff. Some examples of the work being done to meet these challenges are highlighted. This leads to a discussion around the role of the Prosecutor, the Prosecution Guidelines and how they translate into day to day operations. There are also insights into dealing with the ODPP productively and effectively.

Proudly sponsored by:

Lawcover

Recorded on 23 November 2020
Mel Graczol, Deputy Solicitor for Public Prosecutions (Operations), Solicitor's Executive, Office of the Director of Public Prosecutions NSW

1 CPD units

Member $90.00
Non-Member $125.00

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Criminal Law - Parole matters and high risk offenders

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will consider offenders who are classified as “serious offenders” in New South Wales following sentence.  It will address how these offenders are classified and managed during their incarceration by Corrective Services NSW and the Serious Offenders Review Council;  how they become eligible for release on parole; their subsequent consideration for parole; and how the High Risk Offender regime intersects with parole.

Proudly sponsored by:
Substantive law
Recorded on 23 November 2020
Corrie Goodhand, Barrister, Black Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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Criminal Law - Recent changes to the Mental Health (Forensic Provisions) Act 1990

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

This session will examine the new Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which is due to commence in early 2021. There will be a particular focus on diversionary procedures in the Local and Children’s Courts (currently known as section 32 and 33 applications) and how these are likely to be affected by the new legislation. 

Proudly sponsored by:
Substantive law
Recorded on 23 November 2020
Jane Sanders*, Principal Solicitor, The Shopfront Youth Legal Centre

1 CPD units

Member $90.00
Non-Member $125.00

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Criminal Law - Sexual assault offences

1 CPD Unit Videocast    
Substantive law
Online

This pre-recorded webinar was originally presented as part of Specialist Accreditation Week 2020

WARNING: DISTRESSING CONTENT 

Viewers are advised that this content contains graphic details that some may find distressing, including references to sexual offences, child pornography and violence . Please use your discretion before proceeding. If you have experienced sexual assault, domestic or family violence and require assistance, please contact 1800RESPECT (1800 737 732) to speak with a counsellor from the National Sexual Assault and Domestic Family Violence Counselling Service. 

If you are in distress, the Solicitor Outreach Service (1800 592 296) and Lifeline (13 11 14) offer 24/7 counselling support. If you are concerned for your safety or that of someone else, please contact the Police or call 000 for emergency assistance. 

In this session, barrister Will Tuckey will examine nuances of sexual assault offences. Topics covered will include the application of ss 32 and 33 in relation to mental illness, sentencing factors including in the case of historical offences, risk assessments, child protection prohibition orders and high risk offenders, and available treatments for clients both in custody and in the community.

Proudly sponsored by:

Lawcover

Recorded on 23 November 2020
Will Tuckey, Barrister, 11th Floor Garfield Barwick Chambers

1 CPD units

Member $90.00
Non-Member $125.00

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