25th February 2021
Duration: 3 hours
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2021. This is a national webinar and is suitable for commercial lawyers Australia wide.
Session 1: Legal Ethics: Calling Out Bad Behaviour: The Professional Complaints Process
The decision to make a complaint regarding the professional behaviour of a fellow practitioner is a serious one, particularly as the implications of a substantiated complaint can be considerable. This session provides a guide to if, when and how a complaint of this nature should be considered and made, including:
- Is a complaint warranted? Is there ever a duty to make a complaint?
- The duty of fairness and courtesy in complaint making
- Is there a reasonable and proper basis for the complaint? Evidence gathering and information obligations
- How to exercise objectivity and impartiality
- The importance of seeking independent advice
- Options for complaint resolution at an early stage
- Complaint receiving bodies – who are they? What is the process?
- Complaints relating to criminal activity – what steps should be taken?
- Exposing yourself to professional misconduct in the absence of grounds
- Disciplinary consequences – case examples.
Session 2: Professional Skills: Tears Before Bedtime: Drafting Effective Early Termination Clauses in Commercial Contracts
All contracts come to an end eventually, often by completion but also by early termination. This session will explore options for drafting effective early termination clauses in contracts, including:
- In what circumstances should an early termination clause be used in a contract?
- Considering alternatives to early termination to keep the contract on foot, such as ADR
- Anticipating the circumstances and consequences of early termination on:
- The parties
- Third parties
- Termination for convenience – notice periods and other consequences
- Termination with cause – what will allow a party to terminate?
- Is rectification possible?
- Specifying liquidated damages and formulas for loss
- Factoring in common law termination
- Case examples for assisting drafting.
Session 3: Practice Management & Business Skills: Client Communications: Taking Instructions in a Digital World
The importance of getting clear and concise instructions from a client cannot be underestimated, and doing so remotely is an added complexity that comes with some risk. This session will explore what measures need to be put in place and how to spot any warning flags, to ensure both client and practitioner are protected from interference or abuse, including:
- What are the options for remotely taking instructions?
- Have the conduct rules and legislation kept up with changing times?
- Identifying your client - what information do you need? How can it be verified?
- Using teleconferencing - an adequate substitute for face to face interactions?
- Who else is in the room? Can you ensure confidentiality and non-interference?
- Where is the correspondence originating? Spotting fraud and undue influence
- Tips for minimising risk
Dr Michelle Sharpe, Barrister, Melbourne
Michelle Sharpe practices primarily in the areas of general commercial and contract law, passing off and trade practices and consumer protection and brings significant experience in regulatory frameworks. She is experienced in the areas of owners corporations, franchising and retail and residential leases and information technology. She regularly appears in all jurisdictions, including VCAT.
Michelle is highly experienced in matters involving breaches of consumer protection law, having acted for (and against) State and Federal agencies. Michelle’s PhD thesis examined unconscionable conduct. She has written and contributed to papers and publications on trade practices – particularly in the area of unconscionable conduct. Michelle was also the co-author of a working paper prepared for the ACCC that examined the ACCC’s enforcement of the unconscionable conduct provisions of the then Trade Practices Act 1974.
Philip Bambagiotti, Barrister, Sydney
Philip was called to the New South Wales Bar in 1997, having already practiced as a solicitor. His practice focuses on all aspects of, and relating to, building, engineering and construction law. He also practices in all aspects of commercial law and insurance as well as areas related to these.
At the NSW Bar Philip is regarded as one of the foremost practitioners in the specialist area of Building & Construction Law. Apart from his extensive experience in acting for different interests in construction disputes, he authored the leading text on residential building dispute in New South Wales, Building Disputes and the Home Building Act 1989 (NSW), of which a 2nd Edition is underway.
He appears as a barrister in courts and tribunals, as well as in arbitrations, mediations, security of payments adjudications and other alternative dispute resolution procedures in Australia, as well as in arbitrations internationally.
Noric Dilanchian, Drector, Autonomy First Lawyers, Sydney
Noric’s approach to practice is multidisciplinary, integrating legal, business and innovation strategy to brand, protect, document, manage, market and commercialise intellectual property, digital media, technology and knowledge assets.
Since 1983 he has continuously worked as a business lawyer with an emphasis on technology and intellectual property law. In previous positions Noric led Dilanchian Lawyers from 2000 to 2018 and before that he worked as a lawyer in national and medium-sized law firms. His first position was in-house counsel with Angus & Robertson Publishers. He graduated from the University of New South Wales with degrees in Arts and Law.
This webinar is suitable for commercial lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2021.
Lawyers can claim 3 CPD 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: [email protected]