Recorded Webinar: Commercial Law – 3 CPD Compulsory Topic Programs

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2021. This is a national webinar and is suitable for commercial lawyers Australia wide.

Session 1: Legal Ethics: Calling Out Bad Behaviour: The Professional Complaints Process

The decision to make a complaint regarding the professional behaviour of a fellow practitioner is a serious one, particularly as the implications of a substantiated complaint can be considerable. This session provides a guide to if, when and how a complaint of this nature should be considered and made, including:

• Is a complaint warranted? Is there ever a duty to make a complaint?
• The duty of fairness and courtesy in complaint making
• Is there a reasonable and proper basis for the complaint? Evidence gathering and information obligations
• How to exercise objectivity and impartiality
• The importance of seeking independent advice
• Options for complaint resolution at an early stage
• Complaint receiving bodies – who are they? What is the process?
• Complaints relating to criminal activity – what steps should be taken?
• Exposing yourself to professional misconduct in the absence of grounds
• Disciplinary consequences – case examples.

Session 2: Professional Skills: Tears Before Bedtime: Drafting Effective Early Termination Clauses in Commercial Contracts

All contracts come to an end eventually, often by completion but also by early termination. This session will explore options for drafting effective early termination clauses in contracts, including:

• In what circumstances should an early termination clause be used in a contract?
• Considering alternatives to early termination to keep the contract on foot, such as ADR
• Anticipating the circumstances and consequences of early termination on:

• The parties
• Stakeholders
• Third parties

• Termination for convenience – notice periods and other consequences
• Termination with cause – what will allow a party to terminate?
• Is rectification possible?
• Specifying liquidated damages and formulas for loss
• Factoring in common law termination
• Case examples for assisting drafting.

Session 3: Practice Management Business Skills: Client Communications: Taking Instructions in a Digital World

The importance of getting clear and concise instructions from a client cannot be underestimated, and doing so remotely is an added complexity that comes with some risk. This session will explore what measures need to be put in place and how to spot any warning flags, to ensure both client and practitioner are protected from interference or abuse, including:

• What are the options for remotely taking instructions?

• Have the conduct rules and legislation kept up with changing times?

• Identifying your client - what information do you need? How can it be verified?
• Using teleconferencing - an adequate substitute for face to face interactions?
• Who else is in the room? Can you ensure confidentiality and non-interference?
• Where is the correspondence originating? Spotting fraud and undue influence
• Tips for minimising risk