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Recorded Webinars

Recorded Webinar: 3 CPD Compulsory Topics for Commercial Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2019. Session 1: Ethics: Ethics in the Written Word – Meeting Ethical Standards in Written Communication

Date/Time

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 2019.

Session 1: Ethics: Ethics in the Written Word – Meeting Ethical Standards in Written Communication

This session examines ethics obligations for practitioners in written communication. Whether by letter, email or other medium they each present ethical risk. This session looks at the main issues to remain compliant, including:

  • Conduct rules and ethical communication
  • Civility professionalism and courtesy in written communication
  • Duty to establish client’s case factually
  • Writing clearly and concisely – when lack of clarity represents an ethics risk
  • Letters of advice – the ethical parameters
  • Communicating to third parties
  • Inappropriate language and phraseology in written communication
  • When communication breaches can amount to professional misconduct
  • Case study – examples of do’s and don’ts in written communication


Session 2: Professional Skills: Advanced Negotiation in Practice – Strategies for Improved Client Outcomes

Strong negotiation skills are an important part of any lawyer’s arsenal. While every negotiation is unique, there are techniques you can master to help gain the result you want. This session will give experienced practitioners the chance to refresh their skills, while also providing an overview for those looking to improve their negotiation skills for the first time. It covers:

  • Negotiation and communication – Understanding its value in practice
  • Preparation for negotiation – compiling facts and identifying value
  • Building the exchange – identifying value whilst building trust in fact transfer process
  • Negotiation tactics – opening offers and the strategic step back
  • Bargaining and finding meaningful concessions – don’t forget to ask
  • Finalizing the negotiation – capturing value and appreciating the opponent
  • Understanding the principle of mutual gain
  • Recognising difficult negotiators and having strategies for dealing with them effectively


Session 3: Practice Management Business Skills: Defending Your Mental Health: Managing Wellbeing in Legal Practice

One in five Australians will be affected by mental illness. And the statistics are even higher for those in the legal profession. This session examines how to best support employees experiencing mental health issues, whilst also managing the impact is has on your practice. It covers:

  • Supporting colleagues with mental illness – best practice fundamentals
  • Identifying the stressors within the profession and what can be done to mitigate these, including:
    • encouraging work / life balance and flexibility
    • resilience training
    • managing competing priorities
    • dealing with time pressures, difficult clients and adversity
  • Managing the impact of mental illness in the workplace
  • Providing access to resources available to assist

Presented By

David Bailey
Barrister, Victorian Bar Melbourne, Vic

David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he is a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia. David is also an Adjunct Professor of Law at Victoria University where he teaches Commercial Arbitration. He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis.

A former solicitor for over 25 years heading up a banking practice in a major law firm he now practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

Who Should Attend?

This webinar is suitable for lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject units for t

CPD Information

units for the CPD year ending 31st March 2019.

Enquiries/Assistance

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]

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