Live Webinar: 3 CPD Compulsory Topic programs for Commercial Lawyers
Live Webinar: 3 CPD Compulsory Topic programs for Commercial Lawyers
Date:Thursday 16th February 2023
Vic, NSW, ACT, Tas: 2pm to 5pm
Qld: 1pm to 4pm
SA: 1.30pm to 4.30pm
NT: 12.30pm to 3.30pm
WA: 11am to 2pm
ABOUT THE WEBINAR
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2023.
Session 1: Ethics
Disciplinary and Professional Complaints: Walking the Ethical Tightrope
Despite the best of intentions, no lawyer is immune from a complaint or disciplinary action. A poorly handled complaint can have a potentially devastating impact on your reputation and your ability to practice. This practical session examines how lawyers can avoid, manage and respond to complaints, including:
Complaint receiving bodies – who are they? What is the process?
Responding to the initial complaint – the right way and wrong way when dealing with the regulator
Best practice to resolve matters efficiently
Disciplinary proceedings – case examples and approaches to take
Disclosure obligations, including offences and show cause events
Session 2: Professional Skills
Drafting to Avoid Unfair Contract Terms
The unfair contract term provisions under the Australian Consumer Law raise significant issues for all businesses that utilise 'standard form contracts'. Forthcoming changes to the laws will significantly increase the risk associated with these laws, as it will soon be illegal to include 'unfair terms' in such contracts, exposing businesses to the risk of significant financial penalties.
This session will provide a summary of the new laws, and discuss how careful drafting can effectively manage the associated risks. Issues to be covered include:
Undertaking an effective 'unfair term' review
Documenting 'reasonable basis' for potentially unfair terms
Understanding the ACCC's views as to what is 'unfair'
Effective negotiation strategies to avoid the application of UCT laws
Understanding when an onerous clause can still be 'fair'
Techniques for drafting enforceable, once-sided clauses
Use of mutuality and interpretation clauses to mitigate risk
Session 3: Practice Management & Business Skills
Getting Noticed - Marketing Techniques for Lawyers
New clients and files don’t just magically happen. While we all wish we were natural-born rainmakers, the reality is it takes a combination of hard work, clever marketing and the development of effective networks. This session covers:
Gaining clarity on the type of practice you have – the key to marketing success
The importance of marketing that is measurable and tracking the results
Business development starts with low hanging fruit - your existing clients
Developing referral sources – active marketing for referrals
Developing your connections to entities with potential clients – getting out there
Devising a social media marketing strategy
Incorporating marketing in your business plan
Case study – your firm’s online presence: infrastructure and content
Jennifer Shaw, Partner, Bartier Perry, Sydney, NSW
Jennifer is a Partner in our Dispute Resolution & Advisory team with over 20 years of experience in the legal profession. Jennifer has in depth experience in professional disciplinary matters. She is a panel member of the Law Society’s Professional Conduct Advisory Panel and she acts for and advises solicitors who are subject to disciplinary complaints, show cause events, suspensions and related proceedings. She has also acted for and advised peak professional bodies in relation to the prosecution of disciplinary matters before specialist Tribunals in NSW and the ACT. In addition to her professional conduct practice Jennifer acts and advises in relation to disputes across a broad range of industries including professional negligence, contract disputes, construction disputes, intellectual property disputes, family provision/estate disputes, debt recovery, winding up and bankruptcy.
Nicole is an Associate in the Dispute Resolution & Advisory team at Bartier Perry. Nicole has over 6 years of experience in the legal profession, having also worked as an enforcement lawyer at ASIC for over 2 years.
In relation to disputes, Nicole assists her clients with professional negligence, real property, contracts, regulatory matters including ASIC investigations, debt recovery (secured and unsecured), winding up and bankruptcy.
Josh Simons, Partner, Thomson Geer, Adelaide, SA
Josh is a Partner of national law firm, Thomson Geer, where he specialises in intellectual property and competition law. Best Lawyers Australia has recommended Josh for intellectual property and competition each year since 2010.
Josh was the Deputy Chair of the Law Council of Australia's Competition and Consumer Committee between 2008 and 2022. He led the Law Council's working group in relation to the extension of unfair contract term laws to small business contracts, including coordinating of written submissions and meeting with Treasury regarding the drafting and implementation of the new laws.
Josh undertakes competition and consumer law advisory work for clients in a diverse range of industries, including franchise networks, major retailers, food and beverage suppliers, manufacturers, government bodies, and consumer healthcare providers. He regularly designs and implements competition and consumer law compliance programs, including in relation to managing unfair contract term risk.
Matthew Burgess, Director, View Legal, Brisbane, Qld
Matthew Burgess co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals.
Matthew specialises in holistic estate planning (including trusts, tax, asset protection, structuring, business succession and superannuation).
He has been recognised for many years in the ‘Best Lawyers’ list in relation to trusts and estates, and wealth management/succession planning and either personally or as part of View in Doyles’ in relation to taxation, and wills, estates and succession planning.
WHO SHOULD ATTEND?
This webinar is suitable for lawyers practising in commercial law - 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 Ethics, Professional skills and Practice Management & Business 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