2022 CPD Program - Australia

SESSION 1 | 12.00 pm – 1.00 pm (AEDT) - Adaptive Leadership

Speaker: Clare Monger, Associate Director of Human Resources
CPD Category: Professional skills

In a time of prolonged uncertainty, people leaders are adapting more often than ever before. Clare Monger, Associate Director, Human Resources will discuss the themes arising in workplaces as leaders navigate and harness opportunities to maximise 4 key areas:  retention, motivation, resilience and influence.

SESSION 2 | 8.30 am – 9.30 am (AEDT) - Innovation in a Post COVID-19 World

Speaker: Carolyn Austin, Director, Knowledge and Practice Support Australia
CPD Points: Practice management and business skills

We all know we should never waste a good crisis – but how do legal teams stay innovative and forward-focussed as we slowly emerge from the pandemic? Carolyn Austin, co-lead of K&L Gates' Innovation Committee in Australia, shares experiences, insights and practical tips to help us collectively learn and thrive as we face the future together.

SESSION 3 | 11.00 am – 12.00 pm (AEDT) - Investment Management Update

Speaker: Kane Barnett, Partner
CPD Category: Substantive law
Kane Barnett (Partner), from our Asset Management and Investment Funds group, will provide an overview of the new and proposed regulatory developments affecting the investment management industry including:

• Finally a new structure for Australian funds – Corporate collective investment vehicles;
• ASIC focus on marketing returns and risk;
• ASIC guidance on crypto investment products;
• Update on October 2021 reforms; and
• What else is coming in 2022 and beyond?

SESSION 4 | 12.30 pm – 1.30 pm (AEDT)- Unfair Contract Terms - Significant Broadening of Scope and Penalties for Breaches: Is Your Business Prepared?

Speaker: Ayman Guirguis, Partner
CPD Category: Substantive law
Unfair Contract Terms - the next big area of consumer law. This session will cover: 

• Why Unfair Contract Term laws are important and impact all businesses; 
• How to spot an Unfair Contract Term;
• Major changes proposed to the Unfair Contract Term regime - broader scope, tougher remedies, financial penalties; and
• How to reduce your company's Unfair Contract Term risk.

SESSION 5 | 8.30 am – 9.30 am (AEDT) - Workplace Behaviour Training

Speakers: John Monroe, Senior Associate and Meg Aitken, Senior Associate
CPD Category: Practice management

This program provides an important refresher on the law around appropriate behaviour in the workplace, including the following:

• How does the law define unlawful discrimination, sexual harassment, bullying and victimisation;
• What conduct can give rise to these unlawful behaviours; and
• What is the liability risk for individuals and the wider organisation.

SESSION 6 | 9.45 am – 10.45 am (AEDT) - Demystifying Crypto, Smart Contracts and Non-Fungible Tokens (NFTs)

Speakers: Daniel Knight, Partner and Felix Charlesworth, Lawyer
CPD Category: Substantive law

Daniel Knight (Partner) and Felix Charlesworth (Senior Associate) cut through the noise of cryptocurrency volatility.

This session covers:

• What are cryptocurrencies and why are they relevant?
• What are smart contracts and when are they useful?
• What are NTFs and why they might be more than a passing fad.

SESSION 7 11.00 am – 12.00 pm (AEDT) - Regulatory Regime for ESG Investment Issues

Speakers: Jim Bulling, Partner and Ravi Jayemanne, Special Counsel
CPD Category: Substantive law

The momentum for the development of a comprehensive regulatory regime for ESG Investing in Australia is building and includes the following:

• Enhanced focus on the manner in which regulated entities assess climate related risks;
• Initiatives aimed at preventing ESG related misconduct, including misleading or deceptive statements in disclosure documents;
• Reforms to shareholder and proxy voting to better facilitate more shareholder votes on ESG and sustainability issues;
• Tightening the regulation of ESG ratings and higher supervision of green bonds; and
• The overarching taxonomy of sustainable finance, including in respect of ongoing reporting.

SESSION 8 | 12.30 pm – 1.30 pm (AEDT) - Construction Contracting - PPPs and Transport

Speaker: Zac Kerr, Partner
CPD Category: Substantive law

This session presented by Zac Kerr (Partner) covers:

• Construction contracting basics (limited);
• Focus on PPPs and Transport, by touch on Energy by comparison;
• Project structures, common risk allocation models;
• Parties involved in a project, motivations, interests;
• D&C/EPC features, issues and current trends;
• Lessons learned; and
• Interface issues.

SESSION 9 | 9.00 am – 10.00 am (AEDT) - Legal Professional Privilege

Speakers: Tim Webster, Partner and Renée Krikorian, Special Counsel
CPD Category: Substantive law

This session will cover:

• 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.

SESSION 10 | 1.00 pm – 2.00 pm (AEDT) - Getting the Best Out of Your Intellectual Property – The Importance of Registered Designs and the Protection of Trade Secrets

Speakers: Patrick Sands, Partner, Kerry Dick, Senior Associate, Patent and Trade Mark Attorney, Dr Chris Vindurampulle, Senior Associate, Patent Attorney and Harrison Ottaway, Senior Associate
CPD Category: Substantive law

Kerry Dick, Chris Vindurampulle, Patrick Sands and Harrison Ottaway, from our Intellectual Property group, will provide an update on the latest developments in registered designs and an overview of the laws protecting trade secrets. Patrick and Harrison will provide real-world examples of how confidential information has been misused and give practical suggestions to minimise risks of inadvertent or deliberate disclosure. Kerry and Chris will provide an overview of the important changes made to the Designs Act with significant implications for designs owners.

SESSION 11 | 12.00 pm – 1.00 pm (AEST)  - Ethics of Negotiation

Speaker: Ian Dorey, Partner
CPD Category: Practical legal ethics

Join Ian Dorey (Partner) in our Restructuring & Insolvency group where he will explore the topic of Ethics in Negotiations.

Topics discussed include: 

• What are ethics and do they matter in negotiations?
• Conducting the negotiations and are negotiating tactics ethical?
• The provision of a reality checklist and why ethical behaviour makes sense.

SESSION 12 | 1.15 pm – 2.15 pm (AEST) - Employment Law Update

Speaker: Jamie Robinson, Special Counsel
CPD Category: Practice management and business skills

In February 2022, the High Court handed down two decisions that will define the engagement of contractors and the use of labour hire in the next decade. The importance of these decisions cannot be underestimated for all businesses, but particularly those operating in the "gig" economy.

Jamie Robinson (Special Counsel) explores further into what this means for your business.

SESSION 13: 2.30 pm –  3.30 pm (AEST) - Mediation, Settlement and Commercial Agreements: A Litigator's Perspective

Speakers: Michael Byrnes, Senior Associate and Cameron McCormack, Senior Associate
CPD Category: Professional skills

Join Michael Byrnes (Senior Associate) and Cameron McCormack (Senior Associate), as they review issues such as:

• Why mediate - and more importantly, how? Commercial considerations and legal positioning meet when it comes to determining both the forum for dispute resolution as well as negotiation positions and settlement offers. See how we reach our recommendations, and what to think about in formulating a position.
• Documenting settlements (and all types of commercial agreements): When, and how, is the deal struck? Masters v Cameron and how to obtain certainty (and avoid headaches) in commercial negotiations.
• What if it doesn't work? Termination considerations and the importance of having one's legal ducks in an enforceable row.

SESSION 14 | 3.45 pm –  4.45 pm (AEST) - It's not 'A Game of Drones' – The Regulatory and Contractual Matrix Governing Drone Operations

Speakers: Tom Young, Partner and Julie Brown, Special Counsel
CPD Category: Substantive law

Tom Young (Partner) and Julie Brown (Special Counsel), from our Corporate group, will be providing an insight into the world of drones. The session will cover regulatory and contractual issues governing drone operations including:

• Part 101 of the Civil Aviation Safety Regulations 1998 including licensing requirements, operator accreditation and drone registration.
• Other areas of risk in drone operations.
• Proposed changes to the Regulations.
• The importance of a properly drafted drone contract.
• Things to consider when issuing a RFP for drone services.
• Drafting a drone contract.