Date: Tuesday 27 November 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
ABOUT THE WEBINAR
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for lawyers for the CPD year ending 31 March 2019.
Session 1: Professional Skills: Drafting and Negotiating Contracts to Allocate and Manage Risk
Presented by: Andrew Dunn, Partner, HFW Australia, Sydney
All commercial contracts to some extent deal with risk allocation and risk transference. Drafting robust indemnity, warranties and exclusion clauses are an essential part of any commercial lawyer’s armoury. This practical session examines how to best allocate and manage risk in contracts, including:
Identifying and allocating key legal and commercial risks
Practical approaches and tactics to negotiating effective outcomes
Contractual mechanisms to transfer risk – drafting effective indemnity, warranties and exclusion clauses
Other key risk allocation tools – including limitations of liability and termination rights
Interplay between proportionate liability legislation and contractual liability exclusion
Case Study: impact of risk allocation clauses on insurance
Session 2: Practice Management & Business Skills: Bills, Cash Flow and Handling Debts: A Primer for Lawyers on Financial Management
Presented by: Frank Quinn, Principal, Chapman Eastway, Sydney
Legal practice requires careful financial management, particularly in today’s ultra-competitive market. This session covers the important areas of cash flow and financial risk management in legal practice, with a focus on the following:
The importance of cash flow and its effective management
Understanding the key drivers to profitability
Cost control – best practice options
Dealing with the client who doesn’t pay
Managing debts – how much can you afford to carry?
Security arrangements – how much of an initial retainer should you ask for?
Cutting through the jargon – understanding the balance sheets
Session 3: Legal Ethics: Conflict of Interest and Professional Obligation – Dealing With Ethical Priorities
Presented by: Hugh Stowe, Barrister, Wentworth Chambers, Sydney
Whilst conflict of interest is a clear ethics issue, it is necessary to look at exactly what that means under the solicitor conduct rules. This session looks at conflict of interest from a practitioner’s professional obligation perspective and the solicitor conduct rules:
Conflict-of-interest situations explained:
conflicts and former clients
conflicts and current clients
conflicts and the solicitor’s own interests
Preventing conflict situations arising – a checklist
Managing the conflict once it arises
Disclosure obligations when conflicts arise
Ensuring appropriate systems to prevent conflicts of interest – “Chinese” walls
Your opponent is conflicted – what are your options?
When should you remove yourself from a matter – and how to do it
Conflict situations in big firms and multidisciplinary firms
Case study – acting for parents and then acting for children
Andrew Dunn, Partner, HFW Australia, Sydney
Although Andrew's practice covers contentious and non-contentious matters, he is primarily a commercial litigator. He was seconded to a US property/casualty insurer in the mid-1990s where he gained great experience of casualty business and PD/BI issues with multinational insureds - areas in which he continues to specialise in addition to financial and specialty lines and energy. He is familiar with and regularly advises on issues emanating from the subscription market and tension between the different interests (and positions) of subscribing insurers.
More recently, he has advise on the defence of a large class action claim arising from an uncontained aircraft engine failure and has advised insurers of major asbestos liabilities in proceedings to compel their reinsurance response. He also advises policy-holders on their insurance response, e.g. following explosions (multiple), constructive total loss damage to a new state of the art train in international transit, and failed property developments.
Frank Quinn, Principal, Chapman Eastway, Sydney
Frank has almost 10 years of experience working with high net wealth family groups and small to medium sized businesses.
Frank’s passion lays in working with businesses to help them achieve their goals through cash flow management, performance analysis, budgeting, costing and taxation planning. He has worked across a diverse range of business sectors including Retailer & Distributors, Wholesaling, Manufacturing, Real Estate and Service industries.
Frank has an interest in the area of self-managed superannuation funds and working with clients to achieve their retirement goals. Frank also has a keen interest in Family Office services where he has worked with prominent families both locally and internationally.
Frank holds a Bachelor of Commerce degree (Honours) majoring in Accounting from the National University of Ireland, Galway and is a member of the Institute of Chartered Accountants in Australia and New Zealand.
Hugh Stowe, Barrister, Wentworth Chambers, Sydney
Hugh Stowe has been at the Bar since 2000.
He has a wide ranging commercial and equity practice, appearing predominantly in the Supreme Court and Federal Court, doing trial and appellate work, both led and unled.
Before coming to the bar, Mr Stowe practised as a solicitor at the firms now known as King & Wood Mallesons and Herbert Smith Freehills, and was associate to the Chief Justice of the Federal Court of Australia.
Mr Stowe has a Masters of Law from Cambridge, and has lectured in law at the University of Durham, UK.
Mr Stowe has published on expert evidence preparation and in various other fields. He is also a qualified mediator, and has strong interest and experience in settlement theory and practice.
WHO SHOULD ATTEND?
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 2019.
Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. 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@example.com
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.