Live Webinar: Commercial Lawyers - 3 CPD Compulsory Topics


Date:  Wednesday 14th February 2018 – Online:
Vic, NSW, ACT, Tas:  2pm to 5pm 
SA: 1.30pm to 4.30pm 
WA: 11am to 2pm 
NT: 12.30pm to 3.30pm 
Qld: 1pm to 4pm

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers.

Session 1: Ethics:  Duty of Disclosure: Dealing with Ethical Priorities

Presented by:  Andrew Downie, Barrister, Melbourne

Disclosure is necessary for a variety of reasons - professional standards and rules, managing ethical risk and ensuring good client relations just to name a few. Understanding when and how to make proper disclosure is the subject of this session:

  • Cost disclosure – the obligation to ensure the client understands what they will be charged
  • Disclosure of personal conflicts
  • Disclosure of current and former client conflicts
  • The ongoing duty of disclosure to your client
  • When is failure to disclose an ethical breach?
  • Disclosure to third parties – understanding the ethical issues
  • Client confidentiality and disclosure – understanding professional obligation and your duty to the court
  • Solicitor conduct rules and disclosure obligations

Session 2: Practice Management & Business Skills:  Fixed Fee, Value Pricing and Billable Hours – The Future of Costing

Presented by:  Daniel Taylor, Managing Director, Pattison Hardman, Sydney

The pricing models used by the legal industry have evolved considerably since the days of the billable hour. Clients are expecting flexibility and choice when it comes to pricing. This session examines the latest developments in pricing and alternative fee arrangements and how they can be effectively utilised in your practice.  It covers:

  • Communicating costs to your client – what should be in your costs agreement, what are the rights of the client and how do you get the estimate right?
  • What costing models are there?
  • Making the Disclosure Statement process work for you
  • Changing to new fee arrangements – best practice tips:
    • fixed fees
    • retainers
    • value based pricing
  • When the client complains about costs – how should you respond?
  • Case studies – costing models that work

Session 3:  Professional Skills: Drafting Dispute Resolution Clauses: Key Essentials for Commercial Lawyers

Presented by:  Greg Laughton SC, Barrister, Arbitrator & Mediator, Sydney

While disputes are usually far from the parties’ minds when reaching an agreement, failure to pay attention to the dispute resolution clause can be a costly mistake. Given how important dispute resolution clauses are, it pays to avoid using standard boilerplate clauses. This practical session shows you how to tailor a dispute resolution clause to suit the needs of the parties and some common traps to avoid. It covers:

  • Drafting goals: clear, internally consistent, workable and reflects the intentions of the parties
  • Litigation, ADR or arbitration – why the method of dispute resolution impacts drafting
  • Spotlight on arbitration – special drafting considerations (who, what, how, where and when?)
  • Drafting particular clauses:
  • exclusive jurisdiction clauses
  • multi-tiered dispute resolution clauses and other ‘exotic’ options
  • expert determination clauses
  • Defective drafting – how to avoid unworkable clauses
  • Practical case studies of effective dispute resolution clauses
Our presenter

Andrew Downie, Barrister, Victorian Bar, Melbourne

Andrew has a predominantly commercial practice. He regularly appears in trials and interlocutory hearings across all jurisdictions. Andrew’s trial work frequently involves complex expert issues (both financial and scientific) and extensive documentary evidence.

Andrew is regularly briefed to give advice and to prepare pleadings and written submissions for his matters. Andrew also regularly appears in complex interlocutory applications, including Anton Piller orders, freezing orders, injunctions, and receiver appointments.

Daniel Taylor, Managing Director, Pattison Hardman, Sydney

Daniel is the Managing Director of Pattison Hardman, bringing drive, enthusiasm and a focus on excellence to the management of Pattison Hardman.


Daniel has firsthand experience of the workings of costs issues facing the legal fraternity beginning his career at a well-respected Commercial Debt Recovery Law firm with offices in both Sydney and Adelaide. From an early age Daniel acted for many national and international clients in the provision of debt recovery and legal services. Daniel was also the first port of call for many of the top 5 law firms on the provision of debt recovery services to their greater client base and to their executive partners.


Alongside his former managing partner, Daniel was subsequently asked to establish an incorporated legal practice for one of Australia’s largest consumer collections and debt purchase companies.

Daniel also works with blue chip clients to provide directional advice in the provision of legal and debt recovery services. In addition, Daniel is a regular presenter to both the credit and insolvency sectors on an extensive range of topics.  Daniel is currently the National Vice President of the Institute of Mercantile Agents and the Chair of the Collections Subcommittee.

Greg Laughton SC, Barrister, Arbitrator & Mediator, Sydney

With over 30 years at the Bar, Greg has considerable experience acting for, and advising, clients globally, in complex cross-border maritime, commercial, building & construction, professional negligence and insurance-related disputes.

Complementing his practice, Greg has a strong interest in alternative dispute resolution, and in particular, international commercial arbitration.

Greg was recently awarded the Australian Arbitration Barrister of the Year in the Lawyer Monthly Legal Awards.


This webinar is suitable for litigation lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2018.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim 3 CPD [CLE] units – compulsory subjects.  1 unit each for Ethics, Practice Management and Professional Skills.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RB2FEB18
 Price:   $352.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.