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General sessions, Tuesday 7 March 2023
- 8.30am: Working with the courts
- 9.45am: Trends in Alternate Dispute Resolution
- 9.45am: Deciphering cybersecurity
- 11.15am: Just Hearing: an interactive mental health performance
- 1.30pm: Staying ahead of the economy
- 2.30pm: Managing privacy risk and compliance
- 4pm: Intersecting human rights and legal practice
Working with the courts
8.30am, Tuesday 7 March 2023 | 1 CPD point in core area 1
Join Richard Faulks, Chair of our Civil Litigation Committee, for a discussion on working with the Courts. A panel of experienced lawyers, registrars, and barristers will share their tips and tricks for making your court attendance smooth and stress-free. Learn what’s expected from lawyers appearing in Court, and what changes have been implemented since the Covid-19 experience.
John Henry, Special Counsel, ACT Government Solicitor
John is currently employed as Special Counsel – Litigation at the ACT Government Solicitor. He has been involved in some of the biggest litigation the Territory has faced, and consistently achieves excellent results for the ACT in extremely complex legal matters. In 2013, John was recognised in the ACT Public Service Awards for Excellence as part of the team at the ACT Government Solicitor's office, and was awarded the ACT Law Society's inaugural Government Law Award in 2015. John is a member of the ACT Law Society’s Civil Litigation Committee, contributing to submissions and proposals in respect of changes to ACT law, and discussing issues in legal procedure and practice.
Richard Faulks, Managing Director, Snedden Hall & Gallop
Richard Faulks is one of Canberra’s most successful litigators. He has practiced law for over 40 years and has been managing director of Snedden Hall & Gallop since 1997. His expertise covers industrial accidents, public liability, medical negligence, catastrophic motor accidents, workers compensation Comcare and commercial matters. Over his career, Richard has led many of the region’s most complex compensation actions. For over a decade, Richard has chaired the ACT Law Society’s Civil Litigation Committee and been a member of the ACT Court Rules Advisory Committee. He was formerly the National President of the Australian Lawyers Alliance and continues as a member of the ACT branch committee. He was formerly a member of the ACT Workers Compensation Advisory Committee. Richard was awarded the inaugural ACT Law Society President’s Medal in 2014 and was listed as a Leading Plaintiff-focused ACT Work Injury Compensation Lawyer in the 2022 Doyles Guide.
Jayne Reece, Registrar, ACT Supreme Court
Jayne Reece has been Registrar of the ACT Supreme Court since September 2020. Prior to her appointment she was Registrar of the ACT Magistrates Court. Jayne commenced her legal career in private practice in 2004 before moving to the ACT Government Solicitor (ACTGS) in 2007. At ACTGS her practice involved acting on behalf of the Australian Capital Territory in personal injury and public liability litigation as well as representing its interests in coronial inquests. Jayne was Associate to ACT Supreme Court Judge Terry Connolly between 2001-2004.
Wayne Sharwood, Barrister, Key Chambers
After 15 years as a solicitor in NSW and the ACT Wayne joined the bar in 2003. Since then he has developed a busy civil law practice. Wayne regularly acts in succession/Family Provision Act claims, personal injury matters, coronial inquests, and disputes involving commercial, equitable or administrative matters. Wayne’s experience as a solicitor commenced in Wagga Wagga initially as an employee but later as a Partner of a small firm providing advice and representation in a wide range of matters. Subsequently, he practised as a Senior Associate with Deacons Graham & James and then Minter Ellison in Canberra. With these firms, he was engaged in commercial litigation and some personal injury work for defendants and insurers. He also undertook some sensitive work for the Commonwealth and for foreign missions.
Trends in Alternate Dispute Resolution
9.45am, Tuesday 7 March 2023 | 0.5 CPD points in core area 3 and 0.5 CPD points in core area 4
Join Debra Parker, Chair of our Alternate Dispute Resolution Committee, and an experienced panel to discuss the latest in ADR from a range of perspectives and practice areas.
It’s about options, not alternatives: Taking the ‘A’ out of ADR, Pepe Kish
Fair Work and Small Claims for Underpayment of Wages, Richard Calver
Mediation in Civil Litigation, Daniella Fiocco
Richard Calver
Richard Calver has had over 40 years broad experience in law, having previously conducted his own legal practice in the state of Victoria, Australia, taught law at the Faculty of Law Monash University, the RMIT University and the University of Canberra as well as having had roles in government and industry. He has had experience as a director of not for profit organisations as well as private and public companies. Richard is now a sole practitioner practicing in employment and contract law.
Daniella Fiocca, Associate, Colquhoun Murphy
Daniella Fiocco first became part of the team at Colquhoun Murphy as a law clerk in 2016, and progressed to paralegal during her studies. Graduating from the University of Canberra in 2020 with a Bachelor of Laws (First Class Honours) and a Bachelor of Arts (Political Communication/Public Relations), Daniella began her career as a solicitor with the benefit of years of prior experience in legal practice. Daniella assists clients in a wide range of legal matters, with a particular focus on civil and commercial litigation and dispute resolution. Daniella is currently a member of the Alternative Dispute Resolution Committee of the ACT Law Society. Daniella understands that litigation can be a costly and stressful process, and is passionate about ensuring that litigating clients have every opportunity to resolve their disputes through alternate processes such as mediation. Daniella is the proud winner of the 2022 ACT Golden Gavel competition.
Perpetua (Pepe) Kish, Director, Balance Family Law
Practicing family law for over 12 years, Pepe is an ACT Law Society Committee member and the multi-award winning Director of Balance Family Law. She is trained in conflict management coaching, mediation, advanced collaborative law, parenting coordination, and Human Services. Pepe is also a Director of Pacifica Congress, a not-for-profit multidisciplinary organisation that brings together family law professionals from the Pacific region who are working together to ensure that children and their families are better equipped to overcome the harm caused by family conflict. Last year, Pepe was invited to join the Australasian taskforce of the International Association of Collaborative Professionals and is a member of the Australian Association of Collaborative Professionals. She is also the creator and co-founder of The Kind Lawyers, a movement that is all about changing the conversation about law from one of combat, to kindness. Pepe believes the key to practicing law well is to embrace an abundance mindset, engage in daily reflective practice and always foster collaboration over competition.
Claire Naidu, Principal, Claire Naidu & Co
Claire specialises in conflict resolution. She is accredited as a Family Law Specialist, Mediator and Arbitrator. She is an Independent Children’s Lawyer (ICL) and is also a Family Dispute Resolution Practitioner (FDRP) registered with the Commonwealth Attorney General’s Department. Trained in conflict management and dispute resolution, Claire assists people to communicate with compassion and integrity. Claire is also a collaborative practitioner. Claire is member of the ACT Law Society's Alternative Dispute Resolution Committee. She has also been a representative in the Family Professional Development group for the Resolution Institute.
Debra Parker, Founding Director, Parker Coles Curtis
Debra is a highly regarded family lawyer in the ACT and surrounding region with many years of experience. Debra is considered an expert in family law and she is the only family lawyer in Canberra with NSW Law Society Specialist Accreditation in the two areas of Family Law and Dispute Resolution. She is also a qualified mediator, arbitrator and collaborative lawyer. Debra is a member of the prestigious International Academy of Family Lawyers. She currently chairs the ACT Law Society’s Alternative Dispute Resolution Committee and sits on the International Law Committee. She undertook a 10-year appointment as a Judicial Registrar at the Family Court of Australia and the Federal Circuit Court of Australia. More recently, Debra commenced her own family law firm “Parker Coles Curtis”. Debra made the Australasian Law exclusive list of top 50 ‘Elite Women’ in Australia; she was a national finalist in the Lawyers Weekly Partner of the Year Awards and she has been ranked by Doyle’s as a ‘Preeminent’ Mediator and a ‘Leading’ Family Lawyer in the ACT.
Deciphering cybersecurity
9.45am, Tuesday 7 March 2023 | 1 CPD point in core area 2
What is a cyber breach, and how and why might your firm be targeted? More importantly, what can you do to minimise the risk of a cyber breach and maximise your defense and recovery? What can the legal profession learn from the recent Optus and Medibank breaches? Multi-award-winning cyberlaw expert Annie Haggar will expose the social engineering behind email and phishing attacks, and what these attackers might be after (hint: it’s not just your personal data). She will also discuss the emerging technology trends that are going to make cyber security even more difficult to defend in the future.
Resources:
Annie Haggar, Principal, Cyber CG
Annie is the founder and principal of Cyber GC - a legal and consulting practice dedicated to helping Australian businesses prepare for and fight cybercrime. Cyber GC provides specialist cybersecurity legal skills, advice, strategy, and support to businesses and boards when they need it. Annie is also a multi-award winning in-house lawyer and was recently awarded General Counsel of the Year (Australian Law Awards - Lawyers Weekly - 2021), Technology, Media and Telecommunications Lawyer of the Year (Corporate Counsel Awards - Lawyers Weekly - 2021) and Australian In House Counsel of the Year (Australasian Law Awards 2021). Annie brings the experience gained as 6 years as global legal counsel for Accenture's managed security business and regional counsel for Accenture Security to Cyber CG. Annie helped Accenture Security bring world-leading cybersecurity services to their global clients. Annie considered all legal aspects of providing and selling services to clients in the cybersecurity space, from developing new cybersecurity offerings and services, looking at the regulatory, strategic and business risks, to structuring a competitive way to bring these to the market. She served on the Council of the ACT Law Society in 2020-21 and is a regular speaker on cybersecurity issues and the law.
Just Hearing: an interactive mental health performance
11.15am, Tuesday 7 March 2023 | 1.5 CPD points in core area 3
Just Hearing is an interactive training event that will give you an insight into how to support clients who have lived with mental ill-health. Delivered by Canberra Community Law in partnership with Rebus Theatre, an award-winning mixed ability theatre company and health promotion agency, Just Hearing will be an insightful and unique experience.
Rebus Theatre
Rebus is an inclusive company using theatre and other arts to stimulate healing and provoke social and environmental change. We work with people with lived experience of marginalisation to create innovative, powerful performance in diverse contexts. Theatre is uniquely powerful. It can bring about change, in an individual, a community, or a whole society. Theatre engages the body and the emotions, as well as the mind. It makes deeper and more lasting change possible. The stage is a place where we can imagine any reality, any future. It’s where we can be the change we want to see in the world. All of our workplace training and some of our other work uses Forum Theatre. This is a form developed in Brazil and Peru by Augusto Boal. In Forum Theatre, actors present a problem based on lived experience. Members of the audience may choose to step onto the stage to play characters trying to solve the problem. They engage their bodies, minds and emotions in rehearsing change. They take part in a theatrical dialogue searching for ideal solutions. Those who choose not to participate on stage watch and listen. They may engage in discussion and dialogue.
Staying ahead of the economy
1.30pm, Tuesday 7 March 2023 | 1 CPD point in core area 2
What economic challenges are lawyers (and clients) likely to face in the year ahead? How can firms plan ahead, mitigate risk, and adapt to stay ahead of the game? Vik Sundar will facilitate this session, with a panel encompassing both global and local firms as well as academic perspectives who will discuss the economic challenges that lawyers (and clients) are likely to face in the year ahead. Time will be given to questions from the audience.
Hugh Griffin, Managing Partner, Hazelbrook Legal
Hugh is a recognised leader in corporate and commercial law, mergers and acquisitions and in the specialist field of financial services and funds management law. In 2019, Hugh was named Corporate Law Partner of the Year at the Australian Lawyers Weekly Partner of the Year Awards. Hugh’s experience ranges from working with leading domestic and international financial institutions, including some of the largest and most sophisticated clients in the world, to boutique and small cap companies. Prior to starting Hazelbrook Legal, Hugh practised in top tier and magic circle Australian and global law firms in Sydney, Canberra, and Hong Kong for over a decade, and has worked in-house for leading financial institutions. Hugh holds a Bachelor of Laws and Bachelor of Science (Hons I) from the Australian National University, and is a Fellow of FINSIA and a member of the Law Council of Australia Financial Services Committee.
Rachael Lewis, Partner in Charge of the Canberra office, King & Wood Mallesons
Rachael is the Partner in Charge of the Canberra office of King & Wood Mallesons, and a Practice Lead for the firm’s national Mergers and Acquisitions practice group. Rachael works primarily in the TMET and Government sector teams and has particular specialisations in telecommunications, IT, complex procurement and contracting acting for both public and private sector clients. Rachael has acted in some of the largest telecommunications transactions in Australia, and on some of the largest, most complex IT and whole-of-Australian government procurements for the Commonwealth government. During the COVID-19 pandemic, Rachael acted as part of a large KWM team for the Department of Health in procuring the COVID-19 vaccines for Australia, something she is immensely proud of. Rachael is also an advocate for diversity and inclusion at KWM. She is the co-chair of the firm’s Gender Working Group which is tasked with working towards the firm’s gender targets. She is also a member of KWM’s Diversity and Inclusion Counsel, which brings together the various diversity initiatives at the firm (including, cultural, gender and LGBTQI+).
Associate Professor Phong Ngo, Australian National University
Phong Ngo an Associate Professor with the Research School of Finance, Actuarial Studies and Statistics which is part of The College of Business and Economics at The Australian National University. His research theme is "Finance and Society" and so he has an interest in doing research that is of policy and social relevance. His papers span an eclectic mix of topics which include banking, political economy & the role of government, household finance, gender & the economy, media and labour & migration and have been published in leading journals such as the Journal of Financial Economics, Review of Financial Studies and Journal of Financial and Quantitative Analysis.
Vik Sundar, Managing Director, Clear Law
Vik Sundar is the managing director of Clear Law, a boutique commercial, tax and estate planning law firm. He is a leading private wealth lawyer specialising in estate planning, SMSFs, asset protection, commercial and tax law. He was admitted to practice in 2010 and has held numerous roles including in the public service, in-house, and private practice. Prior to working at Clear Law, Vik was the Managing Director of a multi-city law firm. Other roles that Vik has held include working as a solicitor and manager at NAB Private Wealth and at the Australian Taxation Office.
Managing privacy risk and compliance
2.30pm, Tuesday 7 March 2023 | 1 CPD point in core area 2
Recent high-profile data breaches are causing businesses to reflect on their preparedness to act in response to a cybersecurity incident. In this session (following on from ‘Deciphering cybersecurity’), get an overview of your security-related obligations under the Privacy Act and learn some practical steps to assess the adequacy of your firm’s protective measures as well the key cybersecurity insurance and risk management factors you should consider.
Natalie Butler, Partner, Mills Oakley
Natalie has significant government sector experience. She’s advised government and quasi-government clients on a broad range of public law and regulatory matters. With more than 20 years experience as a privacy practitioner, she’s particularly knowledgeable about data privacy compliance, privacy risk management and data governance. She’s most recently applied her information law expertise to digital transformation projects, helping clients to maximise the value of data assets in ways that are legally and ethically sound. Natalie champions a privacy-by-design ethos to policy design, customer experience, service strategies and technical solutions. She’s also an advocate for embracing a genuine multi-disciplinary approach to legal advising, risk management and compliance to enhance the longevity, and value, of legal risk strategies and solutions. Natalie has worked closely with a number of government clients, especially those from the social services and health portfolios.
Jason Symons, Partner, Mills Oakley
Jason leads the Mills Oakley cyber risk and insurance practice and has been a specialist cyber and financial lines insurance lawyer for over 15 years. He has extensive experience working with organisations, brokers and insurers, in managing cyber risks and responding to cyber incidents. Jason has helped many organisations through data breaches, ransomware attacks, financial frauds, regulatory investigations and potential litigation arising from cyber-related events. He works with the leading cybersecurity firms, data review specialists, communications and crisis management consultants, and business interruption forensic accountants when addressing cyber risk and managing incidents. He is also an industry expert regarding complex insurance coverage issues across all forms of financial lines insurance. He has acted as coverage counsel for insurers in class actions and large insolvency litigation, as well as defended financial, legal and building professionals in litigated claims in all levels of Australian courts, and represented parties in Royal Commissions and ASIC investigations. Jason has worked with many of Australia’s largest insurers and Lloyd’s syndicates. He has served on the National Committee of the Australian Professional Indemnity Group since 2017 and was admitted as a New York attorney in 2008.
Intersecting human rights and legal practice
4pm, Tuesday 7 March 2023 | 0.5 CPD points in core area 3 and 0.5 CPD points in core area 4
Australian Human Rights Commissioner Lorraine Finlay will give an insight into how lawyers might apply a human rights approach to legal practice. What does legal practice look like when human rights are taken into account? What should lawyers consider when incorporating human rights principles into their practice? And what are some of the big issues to be aware of when considering the intersection of human rights and legal practice?
Lorraine Finlay, Human Rights Commissioner
Lorraine Finlay is the Human Rights Commissioner at the Australian Human Rights Commission. In this role she has particular responsibility for protecting and promoting fundamental rights and freedoms, including freedom of speech, religion, movement and association. She also leads the work of the Commission in areas including business & human rights, modern slavery, asylum seekers and refugees, and technology & human rights. Prior to joining the Commission, Lorraine has worked as a lawyer and academic specialising in human rights and public law. Her past roles have included working as the Senior Human Trafficking Specialist with the Australian Mission to ASEAN, an academic at Murdoch University, and a State Prosecutor with the Office of the Director of Public Prosecutions (WA). Lorraine holds a dual Masters in Law from New York University and the National University of Singapore, where she studied as a Singapura Scholar. She has also been actively involved in a variety of community organisations, including past Board roles with the Ishar Multicultural Women’s Health Service and National Council of Women (WA).
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