2023 CPD Program–Australia

Session 1: Conflicted Directors | 8:30 AM - 9:30 AM

Partners James Lonie and Natalya Hards from our Corporate Group will discuss conflicts of interest for directors and provide a framework for considering whether a conflict has arisen and why, as well as strategies for effectively managing conflicts. A number of scenarios will be used to illustrate the general principles.

Speakers: James Lonie, Partner and Natalya Hards, Partner

CPD Points: Ethics and Professional Responsibility

Session 2: Unfair Contract Terms to be Illegal and be Included in Very Large Increases in Penalties for Competition and Consumer Law Breaches | 9:45 AM – 10:45 AM

This program provides an overview of the key changes to competition and consumer laws with a focus on:

• Unfair Contract Terms (UCT):
  • The major changes to the UCT regime - broader scope, illegality and the major financial penalties for non-compliance;
  • Why UCT laws impact all businesses; and
  • Spotting an UCT and how to reduce your UCT risk.
• The very large increases in penalties for competition and consumer law risks; and
• The ACCC's enforcement priorities and other possible changes to competition and consumer laws.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: Navigating Legal Professional Privilege for In-House Counsel | 11:00 AM – 12:00 PM

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

Speaker: Renée Krikorian, Special Counsel

CPD Points: Substantive Law

Session 4: Work Health & Safety Update (including Industrial Manslaughter and the Increasing Focus by Regulators on the Boardroom) | 12:15 PM – 1:15 PM

This session will provides an update on the latest developments in Work Health & Safety (WHS) laws as well as an overview of the industrial manslaughter regimes currently in force in Australia.

For the latter, we will take a deeper dive into what this means for directors, officers and WHS professionals and we will address:

• Who can commit an industrial manslaughter offence?
• The elements of industrial manslaughter offences;
• Due diligence requirements imposed on individual directors and other officers;
• Practical steps individual directors and other officers can take to discharge their personal obligations under WHS legislation; and
• How WHS professionals (and other managers) can assist directors and other officers discharge their personal obligations under WHS legislation.

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

CPD Points: Substantive Law

Session 5: Investment Management Update | 1:30 PM – 2:30 PM

Kane Barnett and Lisa Lautier 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:

• Corporate collective investment vehicles
• ASIC focus on greenwashing and climate related disclosure
• What else is coming in 2022 and beyond?

Speakers: Kane Barnett, Partner, and Lisa Lautier, Partner

CPD Points: Substantive Law

Session 1: The In-House Lawyer Conundrum - Balancing the Ethical and Business Roles | 11:00 AM - 12:00 PM

This session will discuss:

• The role of in-house counsel as the moral compass for companies;
• What ethical standards do in-house counsel need to abide by; and
• How to balance those roles with business pressures.

Speaker: Ian Dorey, Partner

CPD Points: Practical Legal Ethics

Session 2: Unfair Contract Terms to be Illegal and be Included in Very Large Increases in Penalties for Competition and Consumer Law Breaches | 12:15 PM - 1:15 PM

This program provides an overview of the key changes to competition and consumer laws with a focus on:

• Unfair Contract Terms (UCT):
  • The major changes to the UCT regime - broader scope, illegality and the major financial penalties for non-compliance;
  • Why UCT laws impact all businesses; and
  • Spotting an UCT and how to reduce your UCT risk.
• The very large increases in penalties for competition and consumer law risks; and
• The ACCC's enforcement priorities and other possible changes to competition and consumer laws.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: Psychosocial Risk - The New Paradigm for Managing Workplace Safety | 1:30 PM – 2:30 PM

This session will focus on dealing with the overlap between managing bullying (and other psychosocial) issues / allegations and WorkSafe investigations.

Speaker: Alanna Fitzpatrick, Partner

CPD Points: Practice Management and Business Skills

Session 4: Real Estate and Renewable Energy Projects: Tips and Traps | 2:45 PM - 3:45 PM

This session will explore the ins and outs of real estate considerations involving renewable energy projects, from land access to development.

Speaker: Damiano Castelli, Partner

CPD Points: Substantive Law

Session 1: ASIC Enforcement Trends and Priorities for Financial Services | 8:30 AM - 9:30 AM

This session will include:

• A review of the last 18 months of enforcement activity;
• Sources of ASIC enforcement/investigation; and
• Current ASIC enforcement priorities including:
  • Misleading and deceptive conduct relating to investment products and digital advertising;
  • Ensuring consumers receive the benefits from Design and Distribution Obligations;
  • Climate change related disclosures and accuracy of ESG product marketing; and
  • Broad focus on misconduct in superannuation and insurance.

Speaker: Jim Bulling, Partner

CPD Points: Substantive Law

Session 2: Unfair Contract Terms to be Illegal and be Included in Very Large Increases in Penalties for Competition and Consumer Law Breaches | 9:45 AM – 10:45 AM

This program provides an overview of the key changes to competition and consumer laws with a focus on:

• Unfair Contract Terms (UCT):
  • The major changes to the UCT regime - broader scope, illegality and the major financial penalties for non-compliance;
  • Why UCT laws impact all businesses; and
  • Spotting an UCT and how to reduce your UCT risk.
• The very large increases in penalties for competition and consumer law risks; and
• The ACCC's enforcement priorities and other possible changes to competition and consumer laws.

Speaker: Ayman Guirguis, Partner

CPD Points: Substantive Law

Session 3: What to do When the Inspector Calls | 11:00 AM – 12:00 PM

This session will focus on dealing with the overlap between managing bullying (and other psychosocial) issues / allegations and WorkSafe investigations.

Speakers: Dominic Fleeton, Partner and Michaela Moloney, Partner

CPD Points: Practice Management and Business Skills

Session 4: Adaptive Leadership: The Focus of People Leaders in an Ever Changing Business Environment | 12:15 PM – 1:15 PM

As the business climate is changing at a faster pace than ever, people leaders are evolving. This discussion explores the events that have created a shift in the mindset of leaders and how they are collaborating with their teams to chart a course for the future.

Moderator: Clare Monger, Associate Director, Human Resources, with panellists Daniel Knight, Partner, Marian Ngo, Partner, and Gregory Pieris, Partner

CPD Points: Professional Skills

Session 5: Demystifying Crypto, Smart Contracts, NFTs and Defi | 1:45 PM – 2:45 PM

This session will cover:

• What are cryptocurrencies and why are they relevant?
• What are smart contracts and when are they useful?
• What are NFTs and why they might be more than a passing fad?
• Will decentralised finance (Defi) transform financial services?
• Cryptocurrencies as an asset class.

Speaker: Daniel Knight, Partner

CPD Points: Substantive Law

Session 6: An Update on Defamation Law and Social Media | 1:45 PM – 2:45 PM

The all-pervasive nature of social media continues to bring unique and complex challenges to businesses with an online presence in Australia. The risk of being sued for defamation is even greater and protection of one’s reputation, being an asset difficult to establish but easy to lose, is of greater worth.

This session will cover:

• An overview of the key principles of defamation law;
• Recent changes to the Defamation Acts (including qualified privilege defence and "serious harm" threshold in effect in most states and territories in Australia); and
• Issues of particular relevance to in-house counsel and notable cases in the media.

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

CPD Points: Substantive Law

Session 7: Intellectual Property and Emerging Technologies | 4:15 PM – 5:15 PM

Harrison Ottaway, Senior Associate, and Talia Le Couteur Scott, Lawyer, from the intellectual property (IP) team as they will discuss how IP law is grappling with emerging technologies, including non-fungible tokens (NFTs), the metaverse and artificial intelligence.

They will discuss the challenges these increasingly popular technologies present from an IP perspective and how clients may need to adapt their branding, content creation and innovation strategies to keep in step with the changing digital landscape.

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

CPD Points: Substantive Law

Session 1: The Building and Construction Industry (Security of Payment) Act 2021 (WA): Introduction of an East Coast Model in WA  | 2:00 PM - 3:00 PM

The Building and Construction Industry (Security of Payment) Act 2021 (WA) introduced a new statutory progress regime in Western Australia for construction contracts entered into from 1 August 2022. The legislation introduces an "East Coast Model" for progress payments and adjudications in the construction industry, similar to those in other states.

Key elements of the regime include a statutory right to progress payments which cannot be contracted out of, the requirement to provide a payment schedule, harsh consequences for failing to provide a payment schedule and shorter timeframes for adjudications. This presentation will give a brief summary of the legislation and some of the pitfalls and traps practitioners will need to avoid.

Speakers: Alex Rickarby, Partner, and Andrew Blyth, Senior Associate

CPD Points: Substantive Law

Session 2: Could "Freedom-Washing" be the new Greenwashing? What are Businesses Required to do Under the Modern Slavery Act and has Performance Been up to the Task? | 3:15 PM - 4:15 PM

With the Australian Government starting to crackdown on "greenwashing", false claims regarding action taken against modern slavery is also gaining attention in the media as more companies release their modern slavery statements are released. Modern slavery in the international arena is gaining traction as a recognised and serious human rights issues that needs to be addressed in the administration of corporate due diligence.

The Government's recent release of its Modern Slavery Issues Paper adds to the global trend, where a number of jurisdictions are seeking to implement legislative reforms to reduce the occurrence of modern slavery in company operations and supply chains.

This presentation will provide an introduction to the Australia Modern Slavery Act (and supporting guidelines), current market trends, potential legislative reforms and where to from here.

Speakers: Ellen Richmond, Lawyer, and Alex Kannegiesser-Bailey, Lawyer

CPD Points: Substantive Law

Session 3: Gambling Your Directors Duties? What Lessons can be Taken from the Casino Scandals | 4:30 PM – 5:30 PM

Speaker: Adam Levine, Partner

CPD Points: Substantive Law

Session 1: The In-House Lawyer Conundrum - Balancing the Ethical and Business Roles | 12:00 PM - 1:00 PM AEDT

This session will discuss:

• The role of in-house counsel as the moral compass for companies;
• What ethical standards do in-house counsel need to abide by; and
• How to balance those roles with business pressures.

Speaker: Ian Dorey, Partner

CPD Points: Practical Legal Ethics

Session 2: Demystifying Crypto, Smart Contracts, NFTs and Defi | 1:00 PM - 2:00 PM AEDT

This session will cover:

• What are cryptocurrencies and why are they relevant?
• What are smart contracts and when are they useful?
• What are NFTs and why they might be more than a passing fad?
• Will decentralised finance (Defi) transform financial services?
• Cryptocurrencies as an asset class.

Speaker: Daniel Knight, Partner

CPD Points: Substantive Law

Session 3: What to do When the Inspector Calls | 2:00 PM - 3:00 PM AEDT

This session will focus on dealing with the overlap between managing bullying (and other psychosocial) issues / allegations and WorkSafe investigations.

Speakers: Dominic Fleeton, Partner and Michaela Moloney, Partner

CPD Points: Practice Management and Business Skills

Session 4: Defending Your Domain(s): IP Considerations for Protecting Your Online Presence | 3:00 PM - 4:00 PM AEDT

With fraudulent websites on the rise, defending your business' and brand's reputation against infringers and scams online is increasingly important. Join IP lawyers John McLellan and Phoebe Naylor as they discuss key intellectual property tools for navigating domain name disputes and combatting online cons.

You will learn key principles for proactively protecting online reputations, an understanding of the parties and processes involved in domain disputes, and the registration requirements for securing certain domains.

Speakers: John McLellan, Lawyer, and Phoebe Naylor, Lawyer

CPD Points: Substantive Law

Session 5: 'Giddyup!', 'Get Your House in Order' and 'the Best Time to Start was Yesterday': Privacy and Cyber Security Risks are Rapidly Changing | 4:00 PM - 5:00 PM AEDT

This session will cover the changing environments on:

• New regulatory enforcement tools;
• New cyber expectations and requirements;
• Higher expectations of the way personal information is collected and secured, and when it needs to be destroyed;
• Potential removal of key exemptions such as the employee records exemption that your business may currently rely on; and
• The major penalty increases that seek to deter privacy breaches being viewed as 'the cost of doing business',

as Australia tightens the protections around the collection and use of Australians' personal information.

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

CPD Points: Substantive Law