Program Overview

• Commercial Law Conference - Thursday 25 Mar
  • 8:50 AM Webinar Launch
    The webinar will launch ten minutes before the conference begins. It is recommended that you log in a few minutes early to test your settings and familiarise yourself with webinar features.
  • 9:00 AM Opening & Welcome
  • 9:05 AM Recent Developments in Commercial Law: A COVID-19 round up

    COVID-19 has impacted many areas of commercial law practice. From unforeseen issues arising in contracts to legislative changes, upcoming reforms to insolvency to protect small business and more, 2020 has certainly been a year of change.

    In this session, Matthew Harvey QC will provide an essential round up of the developments in commercial law that have occurred due to COVID-19. Learn what you need to know to support your clients and your practice in 2021.
    
    Topics include:

    • Frustration/force majeure: contracts of sale and leases
    • Insolvency
    • Business interruption insurance
      

    
    Compliance area: Substantive Law

    Presenter: Matthew N C Harvey QC

  • 10:10 AM Break
  • 10:15 AM Spotlight on Tax – Essential Tax Considerations for Commercial Lawyers

    An ability to identify and manage tax issues is essential for any commercial lawyer. In this highly practical session, we will explore some important tax issues that commonly arise in commercial law matters that you may work on. Our expert presenter will help you spot the issues, avoid adverse outcomes and achieve the best for your clients.

    Matthew Meng of the Victorian Bar will speak about his experiences in assisting commercial lawyers with tax issues on a range of transactions including:

    • Buying real estate
    • Buying a business
    • Property development
    • Selling a business
    • Succession planning for family businesses
      

    
    Compliance area: Substantive Law

    Presenter: Matthew Meng, Victorian Bar

  • 11:15 AM Morning Tea Break
  • 11:30 AM Streamed Session – Choose ONE of the following streams: Trademarks (stream 1) or Consumer Law (stream 2)

    Select one of the two streams outlined below. You will be asked to indicate your preference at checkout.

    Please note: All registrants will receive a digital materials booklet that contains material for both streams, as well as a complimentary recording of the conference that will include recordings of both streams (pending speaker approval).

    
    

    STREAM 1
    Intellectual Property Essentials for Commercial Lawyers: A guide to protecting the value of trademarks

    In this two-part session our presenters will cover some of the key trademark topics essential for commercial lawyers advising businesses of any size.

    Part 1: Adding value through trademark registration – how to maximise commercial advantage through registration

    Topics include:

    • Advantages of registration and dangers of not acquiring registration for essential trademarks
    • Strategy tips for deciding which trademarks to protect, including sub-brands
    • Tips and traps for obtaining and keeping registrations
      

    
    

    Compliance area: Substantive Law/Professional Skills

    Presenter: Sally Foreman, Principal, Davies Collison Cave Pty Ltd and Andrew Sykes, Barrister, Victorian Bar

    Part 2: IP valuation – how understanding the economic value of trademarks can help your clients

    Topics include:

    • Overview of the benefits of obtaining a valuation of trademark portfolios, particularly in the context of COVID-19 crisis recovery
    • Insights into how the economic value of these assets can be determined
    • Importance of understanding the economic worth of brands in the context of litigation, transactions, setting strategic direction, capital raising and insolvency

    
    

    Compliance area: Substantive Law/Professional Skills

    Presenter: Karen Hallenstein, Managing Principal, ipervescence

    
    

    STREAM 2
    Current Issues in Consumer Law

    2020 saw a number of critical issues arise in the area of consumer law. With the COVID-19 pandemic and the continued growth and influence of digital platforms, it is crucial that practitioners are aware of the changes so they can hit the ground running in 2021.

    Topics include:

    • Consumer issues arising from COVID-19 related travel claims
    • Intersection of privacy and consumer law – some key cases from 2020
    • Topical legal issues in consumer borrowing – responsible lending reform
      

    
    

    Compliance area: Substantive Law

    Presenters:

    • Philippa Heir, Managing Lawyer – Insurance, Consumer Action Law Centre
    • Amanda Storey, Barrister from May 2021, former Director of Legal Practice at Consumer Action Law Centre
    • Andrew Riordan, Partner, Norton Rose Fulbright Australia
    • Kelvin Ng, Associate, Norton Rose Fulbright Australia
      

     

  • 12:30 PM Lunch Break
  • 1:00 PM Practising Law in the New World: Risk management for 2021

    Risk management is always front of mind for any practitioner but 2021 is expected to bring a range of new issues not seen before in private practice. Even as we slowly begin to return to the office, it is unlikely the legal workforce will look exactly as it once did. Working from home (even if only some of the time) and increased flexibility brings with it a range of new considerations, and practices need to have systems and processes in place to avoid the risks of having employees working across multiple venues at different times.

    In this session, we will uncover some the new risks 2021 is likely to bring and the steps practitioners can take to set up their practices and help avoid these.

    Compliance area: Practice Management & Business Skills

    Presenter: Stephen Bubb, Risk Manager, Legal Practitioners’ Liability Commission
    

  • 2:05 PM Break
  • 2:05 PM Drafting Class: Mastering the art of drafting contract clauses

    Drafting contract clauses is an almost daily task for many commercial lawyers but when was the last time you brushed up on and built up this important skill?

    In this highly practical session, our expert facilitator Sue Tomat of GumLeafGreen will guide participants through the ins and outs of effective contract drafting. You will learn the three elements which make up all contracts and discover practical tips to ensure your processes and drafting are more effective. Whether you are a senior practitioner or just starting out, this session will arm you with the tools to draft contract clauses more effectively, efficiently and, importantly, to avoid risks.

    Topics include:

    • Taking instructions much more effectively
    • Converting instructions into clauses more efficiently
    • Using wording in drafting to avoid risks
    • Practising what you learn
      

    
    

    Compliance area: Professional Skills

    Presenter: Sue Tomat, Director, GumLeafGreen
    

  • 3:05 PM Afternoon Tea Break
  • 3:20 PM Navigating Ethical Dilemmas in Commercial Law Practice

    Navigating the ethical issues faced by lawyers in commercial law practice is no easy task, requiring a sharp and consistent ethical compass. In this concluding session, the LIV’s reputable ethics experts, Donna Cooper and Michael Dolan, will facilitate a highly interactive discussion that considers a selection of challenging issues faced by commercial lawyers, as well as provide practical strategies to overcome them. These will be illustrated by the use of de-identified real-life scenarios. The session will also use interactive polls so that attendees can further engage in the discussion and offer their insights.

    Topics include:

    • A solicitor's paramount duty to the court and administration of justice
    • Ethical issues that have arisen due to COVID-19
    • Duty not to take advantage of the obvious error of another person
    • Ethics in negotiations
    • Duty of confidentiality
    • Solicitor as material witness
      
    • Conflict of interest
      

    
    

    Compliance area: Ethics & Professional Responsibility

    Presenters:

    • Donna Cooper, Head of Ethics, Wellbeing and Practitioner Support, Law Institute of Victoria
    • Michael Dolan, Special Counsel, Ethics & Professional Practice, Law Institute of Victoria
      

    
    

  • 4:20 PM Conference Close