2024 CPD Program–Australia

Session 1: Legal Professional Privilege | 9:00 AM - 10:00 AM

This program provides a practical guide to establishing, claiming, and maintaining legal professional privilege.

This session covers:

• The purpose, legal basis, and elements of privilege;
• The types of communications protected by privilege;
• How to avoid waiving privilege; and
• Case studies and latest developments.

Speakers: Christien Corns, Partner, and Sam Rappensberg, Senior Associate

CPD Points: Ethics and Professional Responsibility

Session 2: Recent Developments in Competition and Consumer Law–Changes to the Laws, Key Prosecutions and Legal Actions | 10:15 AM - 11:15 AM

This session will include an overview of the key changes to competition and consumer laws including:

• Upcoming changes to merger laws as well as mandatory notification for acquisitions coming;
• Updates on criminal and other penalties for cartels (and attempting to enter into cartels);
• Prosecutions and actions by the Australian Competition and Consumer Commission and Australian Securities and Investments Commission on Unfair Contract Terms (UCT);
• The linkages between UCT and other provisions of the Australian Consumer Law (consumer guarantees and misleading conduct); and
• The proposals for an unfair practices prohibition, which will broaden the scope for action against businesses.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: ASIC Enforcement Trends and Priorities | 11:30 AM - 12:30 PM

This session will cover:

• A review of the last 12 months of enforcement activity;
• Current ASIC enforcement priorities including:
  • Superannuation member service failures and misconduct in superannuation;
  • Ensuring consumers receive the benefits from Design and Distribution Obligations;
  • Climate change related disclosures and accuracy of ESG product marketing;
  • Misconduct  relating to auditors, liquidators, AFSL and ACL holders; and
  • Reportable situation regime.

Speaker: Jim Bulling, Partner

CPD Points: Substantive Law

Session 4: An Update on AI and Copyright | 1:00 PM - 2:00 PM

Harrison Ottaway, senior associate and Talia Le Couteur Scott, lawyer from the intellectual property team will answer your burning questions about the intersection between generative artificial intelligence (AI) and intellectual property.

The session will discuss recent developments in generative AI systems and how the use of these systems is testing the boundaries of copyright law both overseas and in Australia.

Speakers: Harrison Ottaway, Senior Associate and Talia Le Couteur Scott, Lawyer

CPD Points: Substantive Law

Session 5: Adaptive Leadership | 2:15 PM - 3:15 PM

In the face of AI and recent societal changes, we will explore the factors of diminishing focus and attention and what people leaders can do to sustain a team's capacity to innovate, create and solve complex problems.

Speaker: Clare Monger, Associate Director, Human Resources

CPD Points: Professional Skills

Session 6: Respect@Work and Managing Psychosocial Safety Risk | 3:30 PM - 4:30 PM

Managing psychosocial hazards arising from bullying, stress and sexual harassment is a key challenge facing organisations, and poses serious risk to the health and safety of workers.

This session focuses on recent developments in the Australian government and employers' efforts to combat these risks, including legislative reforms arising from the Respect@Work review, such as the positive duty to “take reasonable and proportionate measures” to eliminate, as far as possible, unlawful sex discrimination, sexual harassment and victimisation at work, and the importance of developing prevention plans.

The session is also designed to help attendees understand how to develop a systematic approach to the management of psychosocial risk more generally, why it matters, and the importance of coordinating efforts with other internal stakeholders.

Attendees will gain a deepening in their understanding of legislative compliance frameworks to help the organisation and its officers meet their obligations.

Speakers: Michaela Moloney, Partner and Dominic Fleeton, Partner

CPD Points: Practice Management and Business Skills

Session 1: International Commercial Disputes: An Introductory Guide | 9:00 AM - 10:00 AM

An international element to a dispute will add a layer of complexity beyond that involved in a dispute between domestic parties. This requires the parties to navigate issues ranging from applicable laws from multiple systems, to questions of jurisdiction, to the enforcement against assets in other countries. These issues can arise at all stages of the dispute (and pre-dispute), and across various modes of traditional and alternative dispute resolution processes.

This presentation will aim to distil some of the key themes and considerations of international dispute resolution and equip the audience with a general framework to identify and think about issues that may need to be addressed.

Speaker: Andrew Blyth, Senior Associate

CPD Points: Substantive Law

Session 2: Ethics of Negotiation | 10:15 AM - 11:15 AM

Nicholas Brown, partner, and Philip Murray, special counsel, in our litigation and dispute resolution group will explore the topic of Ethics in Negotiation.

Topics discussed include:

• What are ethics and do they matter in negotiations?
• Conducting the negotiations and what are the negotiation tactics? 
• Are negotiation tactics ethical and how do you deal with them?
• The provision of a reality checklist and why ethical behaviour makes sense.

Speakers: Nicholas Brown, Partner and Philip Murray, Special Counsel

CPD Points: Ethics and Professional Responsibility

Session 3: Practical Tips for Lease 'Make Good' Negotiations and Drafting to Avoid 'Bad Endings' | 11:30 AM - 12:30 PM

This would cover practical tips for negotiating and drafting for lease 'make good' obligations so as to help all parties reduce the risk of end of lease grief and the resulting costs for all parties.

Speaker: Michael Hain, Partner

CPD Points: Professional Skills

Session 4: Respect@Work and Managing Psychosocial Safety Risk | 1:00 PM - 2:00 PM

Managing psychosocial hazards arising from bullying, stress and sexual harassment is a key challenge facing organisations, and poses serious risk to the health and safety of workers.

This session focuses on recent developments in the Australian and Western Australian governments and employers' efforts to combat these risks, including WA's Code of Practice on Psychosocial hazards in the workplace and legislative reforms arising from the National Inquiry into Respect@Work and the WA Parliamentary Inquiry into sexual harassment against women in the FIFO mining industry.

The session will explore the increasing requirements for employers to take proactive steps to prevent inappropriate conduct at work, such as the positive duty to “take reasonable and proportionate measures” to eliminate, as far as possible, unlawful sex discrimination, sexual harassment and victimisation at work, and the importance of developing prevention plans. The session is also designed to help attendees understand how to develop a systematic approach to the management of psychosocial risk more generally, why it matters, and the importance of coordinating efforts with other internal stakeholders.

Attendees will gain a deepening in their understanding of legislative compliance frameworks to help the organisation and its officers meet their obligations.

Speaker: Alanna Fitzpatrick, Partner

CPD Points: Practice Management and Business Skills

Session 6: 10 New Developments in IP in 2024 | 2:15 PM - 3:15 PM

Intellectual Property partner Chris Round will provide an update on recent developments in IP in the area of:

• Trade marks and branding;
• Copyright including developments in copyright law caused by AI; and
• The protection of designs.

Speaker: Chris Round, Partner

CPD Points: Substantive Law

Session 1: Ethics of Negotiation | 9:00 AM - 10:00 AM

Ian Dorey, a partner in our Restructuring & Insolvency team explores the topic of ethics in negotiation.

Topics discussed include:

• What are ethics and do they matter in negotiations?
• Conducting the negotiations and what are the negotiation tactics?
• Are negotiation tactics ethical and how do you deal with them?
• The provision of a reality checklist and why ethical behaviour makes sense.

Speaker: Ian Dorey, Partner

CPD Points: Practical Legal Ethics

Session 2: Recent Developments in Competition and Consumer Law–Changes to the Laws, Key Prosecutions and Legal Actions | 10:15 AM - 11:15 AM

This session will include an overview of the key changes to competition and consumer laws including:

• Upcoming changes to merger laws as well as mandatory notification for acquisitions coming;
• Updates on criminal and other penalties for cartels (and attempting to enter into cartels);
• Prosecutions and actions by the Australian Competition and Consumer Commission and Australian Securities and Investments Commission on Unfair Contract Terms (UCT);
• The linkages between UCT and other provisions of the Australian Consumer Law (consumer guarantees and misleading conduct); and
• The proposals for an unfair practices prohibition, which will broaden the scope for action against businesses.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: Respect@Work and Managing Psychosocial Safety Risk | 11:30 AM - 12:30 PM

Managing psychosocial hazards arising from bullying, stress and sexual harassment is a key challenge facing organisations, and poses serious risk to the health and safety of workers.

This session focuses on recent developments in the Australian government and employers' efforts to combat these risks, including legislative reforms arising from the Respect@Work review, such as the positive duty to “take reasonable and proportionate measures” to eliminate, as far as possible, unlawful sex discrimination, sexual harassment and victimisation at work, and the importance of developing prevention plans.

The session is also designed to help attendees understand how to develop a systematic approach to the management of psychosocial risk more generally, why it matters, and the importance of coordinating efforts with other internal stakeholders.

Attendees will gain a deepening in their understanding of legislative compliance frameworks to help the organisation and its officers meet their obligations.

Speakers: Alanna Fitzpatrick, Partner and Jamie Robinson, Special Counsel

CPD Points: Practice Management and Business Skills

Session 4: Heads of Agreement - Key Terms and Tips and Traps | 1:00 PM - 2:00 PM

This session will cover:

• General considerations;
• The initial negotiation;
• Case law;
• Categories of binding arrangements;
• Emails and texts; and
• Tips and traps.

Speakers: Chris Wille, Partner and Wilson Twist, Senior Associate

CPD Points: Substantive Law

Session 5: Directors and Officers Duties and Climate Change Risk | 2:15 PM - 3:15 PM

Join Corporate partner Phil Vickery as he examines the duties of directors with respect to climate change risks and obligations of directors in relation to mandatory climate reporting.

Speaker: Phil Vickery, Partner

CPD Points: Substantive Law

Session 6: Time Cost and Quality in Construction Projects | 3:30 PM - 4:30 PM

This session will explore opportunities and risks in construction projects, focussing on issues of time, cost and quality. We will canvas how the market has evolved, and importantly where we think it is headed, helping to place you at the forefront of industry.

Speaker: Justin O’Callaghan, Partner

CPD Points: Substantive Law

Session 1: Build-to-Rent: Where are we now? | 9:00 AM - 10:00 AM

Join partners Samuel Brown and Jennifer McCosker from our Real Estate group as they provide an update on build-to-rent and what you can expect in 2024 and beyond.

Speakers: Samuel Brown, Partner and Jennifer McCosker, Partner

CPD Points: Substantive Law

Session 2: Recent Developments in Competition and Consumer Law–Changes to the Laws, Key Prosecutions and Legal Actions | 10:15 AM - 11:15 AM

This session will include an overview of the key changes to competition and consumer laws including:

• Upcoming changes to merger laws as well as mandatory notification for acquisitions coming;
• Updates on criminal and other penalties for cartels (and attempting to enter into cartels);
• Prosecutions and actions by the Australian Competition and Consumer Commission and Australian Securities and Investments Commission on Unfair Contract Terms (UCT);
• The linkages between UCT and other provisions of the Australian Consumer Law (consumer guarantees and misleading conduct); and
• The proposals for an unfair practices prohibition, which will broaden the scope for action against businesses.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: The Honest Lawyer: Why do People Laugh at the Notion of an Honest Lawyer? | 11:30 AM - 12:30 PM

Why do people laugh at the notion of an honest lawyer? Murray Landis, partner from our Corporate/M&A Group, discusses why the duty to act honestly is at the core of your professional obligations. Also, how far can you go in advancing your employer and client's interest without breaching your duties as an officer of the court and trustee of the legal system?

Speaker: Murray Landis, Partner

CPD Points: Ethics and Professional Responsibility

Session 4: Respect@Work and Managing Psychosocial Safety Risk | 1:00 PM - 2:00 PM

Managing psychosocial hazards arising from bullying, stress and sexual harassment is a key challenge facing organisations, and poses serious risk to the health and safety of workers.

This session focuses on recent developments in the Australian government and employers' efforts to combat these risks, including legislative reforms arising from the Respect@Work review, such as the positive duty to “take reasonable and proportionate measures” to eliminate, as far as possible, unlawful sex discrimination, sexual harassment and victimisation at work, and the importance of developing prevention plans.

The session is also designed to help attendees understand how to develop a systematic approach to the management of psychosocial risk more generally, why it matters, and the importance of coordinating efforts with other internal stakeholders.

Attendees will gain a deepening in their understanding of legislative compliance frameworks to help the organisation and its officers meet their obligations.

Speakers: Stephen Hardy, Partner and Leila Moddel, Special Counsel

CPD Points: Practice Management and Business Skills

Session 5: Legal Professional Privilege for In-House Counsel | 2:15 PM - 3:15 PM

This program provides a practical guide to establishing, claiming, and maintaining legal professional privilege.

This session covers:

• The purpose, legal basis, and elements of privilege;
• The types of communications protected by privilege;
• How to avoid waiving privilege; and
• Case studies and latest developments.

Speaker: Renée Krikorian, Special Counsel

CPD Points: Substantive Law

Session 6: Insolvency & Restructuring Update including Safe Harbour | 3:30 PM - 4:30 PM

This session will provide a refresher on insolvency processes and terminology and offer tips for reacting to financial difficulties or formal insolvency experienced by commercial counterparties.

In addition, the session will touch on issues for directors of companies experiencing financial difficulties, such as insolvent trading risk and safe harbour.

Speaker: Alex Smith, Partner

CPD Points: Substantive Law

Session 1: Recent Developments in Competition and Consumer Law–Changes to the Laws, Key Prosecutions and Legal Actions | 9:00 AM - 10:00 AM

This session will include an overview of the key changes to competition and consumer laws including:

• Upcoming changes to merger laws as well as mandatory notification for acquisitions coming;
• Updates on criminal and other penalties for cartels (and attempting to enter into cartels);
• Prosecutions and actions by the Australian Competition and Consumer Commission and Australian Securities and Investments Commission on Unfair Contract Terms (UCT);
• The linkages between UCT and other provisions of the Australian Consumer Law (consumer guarantees and misleading conduct); and
• The proposals for an unfair practices prohibition, which will broaden the scope for action against businesses.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 2: Preparing for Privacy Law Shake-up and Staying Across Cyber Developments: Our Privacy and Cybersecurity in-brief for 2024 | 10:00 AM - 11:00 AM

During this session, privacy special counsel Rob Pulham and lawyer Stephanie Mayhew will discuss upcoming privacy law reform, how to prepare your organisation to be ready for these changes, and staying across cyber developments to ensure your organisation's and its employees' and clients' online safety in an ever evolving digital world, including:

• The Privacy Act Review Report and the government's response;
• Dealing with regulatory uncertainty and how to forge a path forward; and
• A recap on cyber developments during 2023.

Speakers: Rob Pulham, Special Counsel and Stephanie Mayhew, Lawyer

CPD Points: Substantive Law

Session 3: Mandatory Climate Related Reporting from July 2024 | 11:00 AM - 12:00 PM

This session will cover:

• Australia's Sustainable Finance Strategy;
• Climate related reporting commencement from July 2024;
• Scope 3 emissions;
• Phase in exemptions;
• Product labelling; and
• Greenwashing.

Speaker: Jim Bulling, Partner

CPD Points: Substantive Law

Session 4: Ethics of Negotiation | 12:00 PM - 1:00 PM

Ian Dorey, a partner in our Restructuring & Insolvency team explores the topic of Ethics in Negotiation.

Topics discussed include:

•    What are ethics and do they matter in negotiations?
•    Conducting the negotiations and what are the negotiation tactics?
•    Are negotiation tactics ethical and how do you deal with them?
•    The provision of a reality checklist and why ethical behaviour makes sense.

Speaker: Ian Dorey, Partner

CPD Points: Practical Legal Ethics / Ethics and Professional Responsibility

Session 5: Respect@Work and Managing Psychosocial Safety Risk | 1:00 PM - 2:00 PM

Managing psychosocial hazards arising from bullying, stress and sexual harassment is a key challenge facing organisations, and poses serious risk to the health and safety of workers.

This session focuses on recent developments in the Australian government and employers' efforts to combat these risks, including legislative reforms arising from the Respect@Work review, such as the positive duty to “take reasonable and proportionate measures” to eliminate, as far as possible, unlawful sex discrimination, sexual harassment and victimisation at work, and the importance of developing prevention plans.

The session is also designed to help attendees understand how to develop a systematic approach to the management of psychosocial risk more generally, why it matters, and the importance of coordinating efforts with other internal stakeholders.

Attendees will gain a deepening in their understanding of legislative compliance frameworks to help the organisation and its officers meet their obligations.

Speakers: Michaela Moloney, Partner and Meg Aitken, Senior Associate

CPD Points: Practice Management and Business Skills

Session 6: Open Banking and Payments Regulation | 2:00 PM - 3:00 PM

This session will cover:

• New licensing framework for crypto exchanges and other crypto businesses;
• New licensing framework for payments businesses;
• Impact on platforms and other intermediaries; and
• Consumer protection.

Speaker: Daniel Knight, Partner

CPD Points: Substantive Law

Session 7: Build-to-Rent: Where are we now? | 3:00 PM - 4:00 PM

Join partner Jennifer McCosker from our Real Estate group as they provide an update on build-to-rent and what you can expect in 2024 and beyond.

Speakers: Jennifer McCosker, Partner

CPD Points: Substantive Law