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: A Roadmap for Managing Client Expectations
Developments in technology and consumer activism have led to a blurring of the lines between the professional and the personal, as well as to heightened expectations of interactions between service providers and their clients. This can leave practitioners feeling overwhelmed and under immense pressure. This session will provide advice on how to meet your obligations to your client while using effective techniques and strategies to maintain the required degree of professionalism, including:
- The fiduciary duty and the conduct rules – how these impact on your relationship and communication with your client
- Knowing your client – determining appropriate and clear communication and management methods
- Strategies for dealing with changes in the relationship, such as aging or distantly remote clients
- What to do when the family starts interfering
- Setting boundaries and keeping them
- Resources and tactics for dealing with clients behaving badly
- Is there a time to terminate the relationship?
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.
Susan Goodman, Partner, Holding Redlich, Sydney
Susan has more than 20 years’ experience in advising and representing individuals, companies, government departments and professional services firms in a wide range of commercial disputes. She specialises in large complex commercial litigation and alternative dispute resolution, including class actions.
Susan has, over many years, acted in litigation for government departments, including Australian Securities and Investments Commission (ASIC) and the Department of Home Affairs. This work has included regulatory matters and investigations, judicial review and tort matters including claims for misfeasance in public office.
Susan also has extensive experience acting for professional services firms and for and against insolvency practitioners, including liquidators and receivers, in complex litigation arising out of some of the largest corporate failures in Australia.
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]