Recorded Webinar: Commercial Law CPD Compulsories

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for commercial lawyers for the CPD year ending 31 March 2024.

Session 1: Professional Skills

Shutting the Gate before the Horse has Bolted: Drafting Effective Dispute Resolution Clauses

Dispute resolution clauses are an indispensable part of most contracts, potentially reducing costs and risks by setting out a defined mechanism for initiating or responding to a dispute. Careful drafting is required to craft a clause which is both workable and meets the needs of both parties. This session provides a step-by-step guide, including:

• Planning the process and input from the other party
• Tips for achieving certainty and clarity
• What will trigger the start of a dispute resolution process?
• Notice periods and timelines
• The key essentials of an initial informal process
• Considerations for conciliation, mediation and/or arbitration, including binding decisions or not
• The role of lawyers and experts in the process
• Options for litigation where all else fails – timing and location
• Allocation of costs and responsibilities.

Session 2: Practice Management & Business Skills

Strengthening Your Defences Against Scams, Phishing and Cyber Security Attacks

Around 300,000 cyber crimes are committed in Australia every year. Many of these incidents arise not from hacking but from the behaviour of people who fall prey to scams, phishing and other social engineering methods. Lawyers are no exception. This session assists practitioners keep on top of their cyber-security risk by examining:

• The different methods currently employed for scams
• Tips for how to identify scams and fraudulent communications
• Suggestions for systems, policies and steps lawyers can take to minimise their risk
• Spotlight on cyber security awareness with deposit-taking and release
• Potential consequences that can arise following a breach and what practitioners should do if they suspect a breach

Session 3: Ethics

Acting In Your Client’s Best Interests – How Far is Too Far?

The ethical duty to act in the best interests of clients is a paramount principle for lawyers, driving their professional conduct and reputation. However, recent High Court decisions have shed light on the potential consequences when this duty is taken to extremes. This paper delves into the intricate ethics surrounding advocating for clients and explores the delicate balance between zealous representation and overstepping ethical boundaries. By examining case examples and their implications, we aim to navigate the nuanced territory where acting in the client's best interests can go too far. This session will examine:

• Understanding the ethical duty: Exploring the foundational principle of acting in the client's best interests and its significance in legal practice
• The ethical rules, codes of conduct, and professional standards that provide guidance on maintaining the appropriate balance in advocating for clients
• Zealous advocacy vs. overzealous representation: Differentiating between appropriate advocacy and behaviour that exceeds ethical limits
• Framework for lawyers to make sound ethical judgments when faced with challenging situations where the line between zealous advocacy and overstepping exists
• Examining recent High Court decisions and their lessons for practitioners: spotlight on Thorne v Kennedy and Stubbies v James 2