Session 1: Practice Management & Business Skills

Bullying, Discrimination & Harassment and Legal Practice

All members of the legal profession deserve to be treated fairly and respectfully. Despite this, inappropriate behaviours continue to exist in the profession. This practical session examines best practice guidance on combatting bullying, sexual harassment and discrimination in the workplace, including:

• Identifying workplace bullying, discrimination and harassment – some common and not so common examples in legal practice
• Understanding obligations under anti-discrimination laws and other workplace laws
• Effective preventative strategies to consider
• Options available to practitioners experiencing or witnessing inappropriate behaviours – complaints processes and other avenues
• Case studies

Session 2: Professional Skills

You, Me and the Indemnity

The use of indemnities in commercial agreements to allocate risk brings with it significant consequences to the indemnifying party. This session will examine the key components of an indemnity clause and provide options together with drafting suggestions to assist practitioners with drafting, negotiating and amendment, including:

• Why include an indemnity clause?
• Understanding the impact of an indemnity on risks and relationships
• What are the key features of an indemnity clause?
• Drafting considerations including nature of the indemnity, mitigation obligations and quantification of loss
• Tips for negotiating indemnities and drafting amendments
• Cases and examples.

Session 3: Ethics

When Tone in Correspondence Becomes an Ethical Issue

It is inevitable that we cross paths with a practitioner who may not like us or decides to take a particularly aggressive stance on behalf of their client. This may spill over into correspondence. At what point have we crossed an ethical line and what is the standard that should be maintained instead? This looks at the main issues, including:

• Understanding professional obligation of practitioners in written communication – an overview
• Key ethical guidelines for practitioners in writing correspondence to the other side
• How to gauge whether communications have appropriate tone?
• Is there a correct tone for different scenarios or a neutral tone irrespective of circumstance?
• Does a negative message require adjustments on tone?
• Using appropriate emphasis and subordination is place of misdirected tone
• Using non-discriminatory language to minimize misunderstanding on tone
• Case study – is the adage ‘don’t write anything unless prepared to have it in affidavit’ still current?
• Next steps – what happens if someone crosses the line?

Elizabeth Devine, Principal, Devine Law at Work, Sydney, NSW

Elizabeth Devine is an employment lawyer and conflict management specialist.

Elizabeth is the Founder of Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management.

Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 31 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 26 years. She is an Accredited Specialist in Employment and Industrial Law.

Devine Law at Work provides services to employers in the public and private sectors and in a broad range of industries. Elizabeth’s approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigation. These services focus on prevention and minimisation of risk, transformation of workplace issues into learning opportunities and long-term solutions and the enhancement of expertise within the workplace, including the professional development of leaders, managers and internal advisers.

Nahum Ayliffe, Principal Solicitor, KHQ, Melbourne, Vic

Nahum is an experienced commercial litigator. He regularly acts for external administrators and bankruptcy trustees, creditors, company directors and shareholders in insolvency and restructuring matters.

Nahum has assisted clients in a range of commercial disputes, including breaches of director’s duties claims, contractual and shareholder disputes, property and equitable claims, and misleading and deceptive conduct claims. Nahum’s experience in business is evident in his commercial approach to litigation, whether exploring alternative dispute resolution options, or prosecuting the client’s case through the relevant court or tribunal.

Peter Sise, Special Counsel, Clayton Utz, Melbourne, Vic

Peter is an experienced commercial litigator with particular knowledge of trade practices law, insolvency and regulatory investigations. He believes litigation is about resolving conflicts so that a business can remain focused on what matters: its business.

This requires understanding the objectives, histories and personalities of all stakeholders and that a win does not always come from a court's judgment.

Peter believes that in a world of continuously changing legal regulation, it's essential to have an understanding of where laws originated and where they are headed – a belief that has led him to write regularly for peer-reviewed journals and work on both the "Harper Review" of Competition Law and Policy and the Australian Consumer Law Review. Peter is also an editor of Wolters Kluwer CCH's trade practices commentary and a member of the editorial committee for the publication, In-house Counsel.

This webinar is suitable for lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2023.

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim 3 CPD units – 1 unit each for Practice Management & Business Skills, Professional skills and Ethics.