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Heads of Agreement, and other similar preliminary agreements, are entered into by parties who contemplate that a further, more formal, agreement will be signed. Yet lawyers are frequently in a dilemma as to whether Heads of Agreement are binding or not. Why is there a dilemma? Can any doubt be removed?
Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.
This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.
Mediation offers the best chance many family law litigants have to resolve their case on their own terms. Solicitors, Counsel and Mediators all have an important role to play in facilitating this process.
This is an opportunity to hear from two experienced barristers about how they approach mediations, from the perspective of counsel and mediator.
The Family Law Bar Association invites you to a conversation with Jess Hill, award winning investigative journalist and author of the 2020 Stella Prize winning ground-breaking, international best seller, “See What You Made Me Do”. Described by Helen Garner as “a shattering book: clear-headed, meticulous, driving always at the truth”, See What You Made Me Do is difficult and essential reading for all who practice family law.
Jess discusses her research, her findings and, most importantly, her views on how the family law system can be improved to better protect victims of domestic abuse. Come listen, learn and question – this book may change the way you practice.
The Covid-19 crisis and lockdowns were unforeseen events, impacting on the performance of contracts. Can parties escape their contractual obligations by relying on the doctrine of frustration in a time of Covid? How do these events affect force majeure clauses? These questions and more will be answered in this CPD.
We are all having to adapt to new ways of working remotely, and electronic court books and briefs are here to stay.
This seminar is a beginners’ guide to setting up and accessing eBrief, uploading documents, tags and annotation and creating Court Books.
In this CPD, Her Honour Judge Lawson outline the history and the context that led to the establishment of the Koori Court. Her Honour also explain how the modified virtual process is operating.
Nerita Waight, the CEO of Victorian Aboriginal Legal Service, present on the Aboriginal Community Justice Reports Project.
Early Neutral Evaluation (ENE) is a new alternative dispute resolution mechanism used in the Building Cases List in the County Court.
In this seminar, His Honour, Judge Woodward, Judge in charge of the Building Cases List, explains what ENE is, how it works, and the benefits it offers amongst the suite of ADR options available to resolve disputes.
Pamela Matthews has practiced independently as a Forensic Psychologist in the State and Federal Court system for the past 24 years.
In this CPD, she will focus on the diagnosis and treatment of sexual offenders. What is involved in assessing future risk? How predictive are the risk assessment tools? These questions and more will be answered.
In this seminar, presenter Megan Tennyson of the PEXA Partner Program will explain what PEXA is, and how it has changed property transactions. What impact does this have on drafting family law property orders? Do s.106A orders work in the PEXA world? These questions and more will be answered.
In the third instalment of their CPD series on virtual appearance work, Kathleen Foley and Emrys Nekvapil focus on virtual hearings in the Supreme Court of Victoria.
A CPD event during National Reconciliation Week on legal developments impacting Aboriginal clients and bail, community justice reports and COVID-19. Hear from solicitors and barristers working directly with Aboriginal legal services and Aboriginal clients in Victoria on the latest case law and the intersection between legal and cultural matters.
This seminar will help lawyers who are prepared to help clients with migration law problems, but who may be new to migration law or administrative law in general, to understand the basics of running migration litigation.