This session was recorded on 14 March 2024 as part of the Key knowledge for commercial lawyers: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by commercial lawyers legal practitioners, while earning four CPD units.

Topics include:

It’s non-negotiable: navigating unfair terms in small business and consumer agreements – Jennifer Dean, Partner, Johnson Winter Slattery

Recent legislative reforms have created an increased focus on ensuring fairness in standard form contracts used in dealings with small businesses and consumers. This practical session provides an overview of the recent reforms, identifying unfair terms, compliance strategies and key takeaways from regulatory enforcement and case law.

Legal ethics – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul Monaghan will consider ethical issues and scenarios relevant to commercial lawyers.

Proper management of a trust year by year – David Marks KC, Barrister, Inns of Court & Norman Hanna, Barrister, Inns of Court

This session will look at the proper management of a trust - year by year. Quite apart from managing the tax position of a family group or investment structure, the lawyer has a role in ensuring decision-making is in order. The lessons from recent cases like JJ Owies (VSCA), Grand View (UKPC) and Legler (NZCA, NZSC appeal heard) will be addressed. 

This interactive session will discuss strategies for improving decision-making and ensuring that the intended structuring and tax planning actually works.

David Marks KC will also discuss some recent lessons about trust distributions, particularly where there are foreign elements, or unusual types of income and gains.

Wellbeing and commercial practice – Simonette Vaja, Wellbeing Manager, The Law Society of NSW

This session will provide an overview of optimal habits for high performing lawyers, including: 

• Mental Agility – Growth Mindset
• Evidence based best practice habits for mental wellbeing
• Mental Fitness with Mindfulness Based Stress Reduction 

This full-day intensive program is specifically tailored to elder law, wills and estate planning practitioners. Experts specialising in this area cover many of the issues that you might face in your day-to-day practice. You will gain knowledge of the most current laws and cases and an expanded skill set, and 6 CPD units.  

This program complies with 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, Professional Skills, and Substantive Law.

Client management and capacity concerns – Tanya Chapman, Senior Associate, Turner Freeman Lawyers
When dealing with older clients who may have capacity issues, a solicitor should take special care to identify and manage the client relationship and to assess and record the client’s capacity. In this session we will look at:

• Correctly identifying the client.
• Assessing the client’s capacity.
• The importance of file notes.
• Obligations when circumstances or capacity change.
• The role of the solicitor in identifying and prevent elder abuse.
• Following instructions vs advising your client.

The collision of death and taxes – Mimi Su, Principal Lawyer, Private Clients – Wills & Estates, Macpherson Kelley
Australia is a jurisdiction that has long abolished death duties or inheritance taxes, but there are some instances in a deceased estate where taxation will be triggered and often inadvertently. This presentation will cover multiple examples in an estate where taxation may be triggered unknowingly or unwittingly, and the tax planning opportunities to combat these challenges.

Legal ethics for elder law, wills and estates practitioners – Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW
This session will present common scenarios in the area of elder law, wills and estates, focusing on:

• An overview of the ethical and regulatory frameworks for legal practice.
• Duties to the Court, the client and the profession in this context.
• Meeting ethical obligations in regard to AI.
• Managing new ethical issues relating to AML.
  
  

The Aged Care Act: ‘To whom do the penalty units apply, they apply to thee’ – Sue Field, Adjunct Professor, School of Law, University of New England; Adjunct Associate Professor, Centre for Law and Justice, Charles Sturt University
Underpinning the Aged Care 2024 (Cth) is a rights based approach which can be found inter alia in the Code of Conduct for Aged Care and the Statement of Principles:

• There are penalty units for non-compliance.
• Penalty units range from 30 to 4,800.
• Penalty units apply to governing bodies, registered providers and aged care workers (which include volunteers).
• The Aged Care Quality and Safety Commission has the power to ensure compliance and enforce action against non-compliance.

This session will examine the application of the Act.

Changing minds: Family, identity, and decision-making in older adulthood – Anna Fischer, Wellbeing Manager, Law Society of NSW
This session will address the psychosocial considerations of ageing. Our sense of identity often changes dramatically as we age, and this frequently brings about significant alterations to our priorities and decision-making processes. Family dynamics also evolve generationally, meaning that interpersonal factors often influence us differently in later life epochs than they would have in our earlier years. In order to provide meaningful and attuned legal services to elderly clients, it's paramount that we understand satisfaction, safety, and psychosocial wellbeing from the perspectives of ageing persons. 

Understanding testamentary trusts – Stephen Lynch, Director, Somerville Legal
Testamentary trusts are an important tool for any solicitor providing estate planning services. However, before incorporating them into your practice, it is essential to understand the principles involved in testamentary trusts, the consequences of errors, and the dangers of a ‘one size fits all’ approach. Topics covered in this session will include:

• Testamentary trusts – the essentials, including advantages and disadvantages.
• Testamentary trusts in practice.
• Tips and pitfalls in drafting.
• Tax implications.
• Capacity/knowledge and approval issues.

Tanya Chapman, Senior Associate, Turner Freeman Lawyers
Mimi Su, Principal Lawyer, Private Clients – Wills & Estates, Macpherson Kelley
Paul Monaghan, Senior Ethics Solicitor, The Law Society of NSW
Sue Field, Adjunct Professor, School of Law, University of New England; Adjunct Associate Professor, Centre for Law and Justice, Charles Sturt University,
Anna Fischer, Wellbeing Manager, Law Society of NSW
Stephen Lynch, Director, Somerville Legal

Richard Harvey, Special Counsel, Thornton + King (Chair)
Diane Skapinker, Principal, Skapinker Law
Gary Newton, Partner, HWLE Lawyers
Mark Smith, Principal, Brander Smith McKnight
Danielle Francis, Senior Associate, Chambers Russell Lawyers
Linden Barnes, Senior Ethics Solicitor, Law Society of NSW
Carol Prasad, Professional Support Solicitor (AML), Law Society of NSW

This session was recorded on 27 March 2025 as part of the Crucial pointers in contract law: Mandatory rule 6.1 – live webinar.

Hear from legal experts in this live online course as they discuss some of the current contract law issues faced by legal practitioners, while earning four CPD units.

This course will include four sessions:

Contract drafting tips for preventing disputes – Amanda Comelli, Partner, Brown White Stein Lawyers & Eleanor Arthurson, Associate, Brown Wright Stein Lawyers

In this session, gain useful drafting skills from an Accredited Specialist in Business Law experienced in general contract drafting and review in a range of areas; these include commercial and corporate law, tax law, trusts and estate planning. 

File and data management for contract lawyers – Nick Satouris, Professional Support Solicitor, Law Society of NSW

By the end of this session, you will:

• Be familiar with costs disclosure obligations.
• Understand how to establish optimal billing practices.
• Be able to establish a costs practice with appropriate costs precedents.

Ethics in contract law – Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW

This session will provide a review of the ethical aspects of duties to the court, the client and the profession, and their practical applications in the area of contract law.

Damages for breach of contract and wasted expenditure – Ourania Konstantinidis, Partner, Dentons

This session will cover the High Court’s recent decision in Cessnock City Council v 123 259 932 P/L dealing with the appropriate measure of damages for breach of contract. We will dive into:

• A snapshot of historical cases on damages and how the High Court arrived at the landmark decision.
• The High Court’s guidance on reliance damages for breach of contract with a particular focus on wasted expenditure and the recently established ‘facilitation principle’.
• How the courts will approach disputes involving damages incurred in reliance on contractual promises.
• Important practical strategies as to how you can manage risk when drafting contracts or advising your clients.

Don’t miss this opportunity to strengthen your understanding about this important and evolving area of contract law from the solicitor who ran the High Court case from its origins.

Amanda Comelli, Partner, Brown White Stein Lawyers
Eleanor Arthurson, Associate, Brown Wright Stein Lawyers
Nick Satouris, Professional Support Solicitor, Law Society of NSW
Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW
Ourania Konstantinidis, Partner, Dentons

This session was recorded on 20 March 2025 as part of the Civil litigators: Mandatory Rule 6.1 – live webinar

Hear from legal experts in this live online course as they discuss some of the current issues faced by civil litigators, while earning four CPD units.
Topics include:

Developments in evidence law – Carmel Lee, Barrister, Greenway Chambers

In this session, learn about recent developments in evidence law and their application to civil litigation.

Legal ethics – Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW

This session will examine ethical aspects of duties to the Court, the client and the profession, with practical applications for civil litigators.

Building your civil litigation practice – Alistair Marshall, Director, Professional Services Business Development

The session will focus on how to counteract the effects of a market slowdown and demonstrate what it takes to stand out in an increasingly competitive and noisy marketplace.

Many firms suffer from a lack of awareness, underperforming websites, no real point of difference from the competition and personnel who consider themselves professionals rather than marketers or salespeople.

Session participants will learn how to engage potential clients without sounding confused or bland and also how to build trust and credibility, so they become the provider of choice over time. 

Key points to be covered include:

• Why you should change your attitude and behaviour relating to business development.
• The profit model all successful businesses must master.
• How the answers to three simple questions can change your financial life.
• The ‘must implement’ ideas to drive revenue growth in the new modern world.

Working with Counsel – Paul Cutler, Migration Lawyer, Barrister, Mediator and Arbitrator

Working with Counsel should be a constructive and collaborative process for both solicitor and barrister. Each have their own roles in civil litigation. Good teamwork and understanding are essential to achieve the best result for the client. This session will look at some of the important aspects of briefing, working with and instructing counsel at trial.

This session was recorded on 12 March 2025 as part of the Personal injury law: Mandatory rule 6.1 - live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by personal injury practitioners, while earning four CPD units.

Topics include:

Case law: A year in review – Rita Yousef, Special Counsel, Carroll & O'Dea Lawyers
This case law update will provide you with important insights from a selection of recent personal injury cases. 

Legal ethics – Linden Barnes, Senior Ethics Solicitor, The Law Society of NSW
This session examines ethical aspects of duties to the Court, the client and the profession, with practical applications for personal injury lawyers.

Tips for growing a personal injury practice – Carmine Santone, Director, Santone Lawyers
Gain practical skills for setting up and expanding your personal injury practice from Carmine Santone, who has had extensive experience in both areas, and in a broad spectrum of personal injury matters.

Costs for personal injury lawyers – Nick Satouris, Professional Support Solicitors, The Law Society of NSW
By the end of this session, you will:

• Be familiar with costs disclosure obligations
• Understand how to establish optimal billing practices, and
• Be able to establish a costs practice with appropriate costs precedents.

For Mandatory rule 6.1 courses 

Practitioners should inform themselves of Rule 6.1 of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 which sets out the requirements for the four (4) mandatory CPD areas for NSW legal practitioners – (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law. It is the responsibility of each legal practitioner to self-assess as to whether a particular educational activity extends their knowledge and skills in areas that are relevant to their practice needs or professional development. If so, then the practitioner may claim one (1) "unit” for each hour of attendance, refreshment breaks not included. 

If you self-assess that this particular educational activity extends your knowledge and skills, this program may allow you to claim four (4) of the mandatory areas: (a) ethics and professional responsibility; (b) practice management and business skills; (c) professional skills; and (d) substantive law.

This session was recorded on 6 February 2025 as part of the Important issues for in-house lawyers: Mandatory rule 6.1 - live webinar.

Hear from legal experts in this live online course as they discuss some of the current issues faced by in-house legal practitioners, while earning four CPD units. 

AI and your professional skills – Caryn Sandler, Partner + Chief Knowledge and Innovation Officer, Gilbert + Tobin

Artificial Intelligence (particularly Gen AI) has now well and truly arrived in the legal industry and has the potential to shake up the way we practice. This session will serve as your guide to the Gen AI technologies that will likely change the way we find, review and write legal content. Taking a vendor-agnostic approach, we’ll bypass the hype and explain everything you need to know about:

• The current state of Gen AI in the legal industry.
• Emerging legal use cases.
• Gen AI demonstration.
• Considerations when working with Gen AI.
• What you need to do now to prepare for potential changes to legal service delivery.

Ethical issues for in-house lawyers – Linden Barnes, Senior Ethics Solicitor, Law Society of NSW

In this session Linden will review recent issues in ethics, focusing on:

• Avoiding misleading statements.
• Managing client expectations.
• Understanding your confidentiality obligations.

Changes to Australia’s privacy and data security regime – Amber Cerny, Corporate Law Partner, EY Oceania

In this session you will get an update on changes to Australia’s amended privacy and data security laws.

We will also cover what the changes mean for you:

• How leading inhouse counsel are supporting their businesses to be compliant with the laws.
• How best to identify and mitigate risks.

The right to disconnect – Carly Stebbing, Partner, Longton Legal

This session will explore the implications of Australia's ‘right to disconnect’ reforms both for employers and for employees. The presentation will include an examination of how to ensure compliance while fostering a healthier work environment.